[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4034 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4034

To amend the Act of June 1, 1948, to provide for reform of the Federal 
                          Protective Service.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 1998

Mr. Traficant introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend the Act of June 1, 1948, to provide for reform of the Federal 
                          Protective Service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Protective Service Reform 
Act of 1998''.

SEC. 2. DESIGNATION OF POLICE OFFICERS.

    The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended--
            (1) by striking ``special policemen'' each place it appears 
        in the Act and inserting ``police officers'';
            (2) in section 1 by striking the section heading and 
        inserting the following:

``SECTION 1. POLICE OFFICERS.'';

            (3) in section 1(b) by striking ``Special policemen'' and 
        inserting ``Police officers''; and
            (4) in section 5 by striking ``special policeman'' and 
        inserting ``police officer''.

SEC. 3. POWERS.

    (a) In General.--Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 
318(b)), is amended--
            (1) by inserting ``, and subject to paragraph (3) in any 
        area within 500 feet from such property,'' after ``subsection 
        (a)''; and
            (2) by inserting before the period at the end the 
        following: ``and shall be concurrent with State and local law 
        enforcement authorities in the area in which the property is 
        located''.
    (b) Additional Powers.--Section 1(b) of such Act is further 
amended--
            (1) by striking ``Police officers'' and inserting the 
        following:
            ``(1) In general.--Police officers'';
            (2) by adding at the end the following:
            ``(2) Additional powers.--A police officer appointed under 
        this section is authorized--
                    ``(A) to carry firearms in any State, the District 
                of Columbia, the Commonwealth of Puerto Rico, or any 
                territory or possession of the United States, subject 
                to conditions contained in regulations to be prescribed 
                by the Commissioner of the Federal Protective Service;
                    ``(B) to petition Federal courts for arrest and 
                search warrants and to execute such warrants;
                    ``(C) to arrest an individual without a warrant if 
                the individual commits a crime in the officer's 
                presence or if the officer has probable cause to 
                believe that the individual has committed a crime or is 
                committing a crime;
                    ``(D) to conduct investigations, on and off the 
                property in question, of offenses that have been or may 
                be committed against property under the charge and 
                control of the Administrator or against persons on such 
                property; and
                    ``(E) to coordinate with other law enforcement 
                agencies that have intelligence gathering authority for 
                the protection of persons and property described in 
                subparagraph (D).
            ``(3) Authority outside federal property.--A police officer 
        appointed under this section is authorized to exercise any 
        power granted under this section in an area that is within 500 
        feet of an area owned or occupied by the United States and 
        under the charge and control of the Administrator if--
                    ``(A)(i) the officer reasonably believes that the 
                action is necessary to prevent or stop a felony in 
                progress that threatens life, limb, or property;
                    ``(ii) the felony is being committed in the 
                presence of the officer; and
                    ``(iii) there is insufficient time to contact local 
                law enforcement authorities; or
                    ``(B) there is a known, immediate threat directed 
                at property under the charge and control of the 
                Administrator or against persons on such property.''; 
                and
            (3) by moving the left margin of paragraph (1), as 
        designated by paragraph (1) of this subsection, so as to 
        appropriately align with paragraphs (2) and (3), as designated 
by paragraph (2) of this subsection.

SEC. 4. PENALTIES.

    Section 4 of the Act of June 1, 1948 (40 U.S.C. 318c), is amended 
by striking ``not more $50'' and inserting ``not more than $5,000''.

SEC. 5. NONUNIFORMED SPECIAL POLICE OFFICERS.

    Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended 
by adding at the end the following: ``Any such special law enforcement 
officer shall have the same authority outside Federal property as 
police officers have under section 1(b)(3).''.

SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.

    (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is 
amended by adding at the end the following:

``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.

    ``(a) In General.--The Administrator of General Services shall 
establish the Federal Protective Service as a separate operating 
service of the General Services Administration.
    ``(b) Appointment of Commissioner.--
            ``(1) In general.--The Federal Protective Service shall be 
        headed by a Commissioner who shall be appointed by and report 
        directly to the Administrator.
            ``(2) Qualifications.--The Commissioner shall be appointed 
        from among individuals who have at least 5 years of 
        professional law enforcement experience in a command or 
        supervisory position.
    ``(c) Duties of the Commissioner.--The Commissioner shall--
            ``(1) assist the Administrator in carrying out the duties 
        of the Administrator under this Act;
            ``(2) serve as the principal law enforcement officer and 
        security official of the United States with respect to the 
        protection of Federal officers and employees in buildings and 
        areas that are owned or occupied by the United States and under 
        the charge and control of the Administrator; and
            ``(3) render necessary assistance, as determined by the 
        Commissioner, to other Federal, State, and local law 
        enforcement agencies upon request.
    ``(d) Appointment of Regional Directors and Assistant 
Commissioners.--
            ``(1) In general.--The Commissioner may appoint regional 
        directors and assistant commissioners of the Federal Protective 
        Service.
            ``(2) Qualifications.--The Commissioner shall select 
        individuals for appointments under paragraph (1) from among 
        individuals who have at least 5 years of direct law enforcement 
        experience, including at least 2 years in a supervisory 
        position.
    ``(e) Coordination With Public Buildings Service.--The Commissioner 
shall carry out the duties of the Commissioner in coordination with the 
Commissioner of the Public Buildings Service.''.
    (b) Pay Level of Commissioner.--Section 5316 of title 5, United 
States Code, is amended by inserting after the paragraph relating to 
the Commissioner of the Public Buildings Service the following:
            ``Commissioner, Federal Protective Service, General 
        Services Administration.''.

SEC. 7. PAY AND BENEFITS.

    (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is 
further amended by adding at the end the following:

``SEC. 7. PAY AND BENEFITS.

    ``Notwithstanding any other provision of law or any other rule or 
regulation, the pay and benefits for police officers and criminal 
investigators in the Federal Protective Service shall be determined in 
accordance with a pay and benefits package established and maintained 
by the Administrator of General Services that is equivalent to the pay 
scale and benefits package applicable to members of the United States 
Secret Service Uniformed Division. Such pay scale and benefits package 
shall be established by regulation, shall apply with respect to pay 
periods beginning after January 1, 1999, and shall not result in a 
decrease in the pay or benefits of any individual.''.
    (b) Conforming Amendment.--Section 1(a) of such Act (40 U.S.C. 
318(a)), is amended by striking ``without additional compensation''.

SEC. 8. NUMBER OF POLICE OFFICERS.

    (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is 
further amended by adding at the end the following:

``SEC. 8. NUMBER OF POLICE OFFICERS.

    ``(a) Reductions Not Permitted.--After the 1-year period beginning 
on the date of enactment of this section, there shall be at least 730 
full-time equivalent police officers in the Federal Protective Service. 
This number shall not be reduced unless specifically authorized by law.
    ``(b) Consolidation of Building Security Forces.--
            ``(1) Study.--The Comptroller General of the United States 
        shall conduct a study to determine the feasibility of merging 
        all building security forces of the Executive branch within, 
        and under the supervision of, the Federal Protective Service.
            ``(2) Report.--Not later than 12 months after the date of 
        enactment of this section, the Comptroller General shall 
        transmit to Congress a report containing the results of the 
        study conducted under paragraph (1).''.

SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.

    The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by 
adding at the end the following:

``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.

    ``The Commissioner of Federal Protective Service shall prescribe 
standards for the contracting of security personnel for buildings and 
areas that are owned or occupied by the United States and under the 
charge and control of the Administrator of General Services. Such 
standards shall ensure that contract personnel receive adequate 
training and are subject to the same background check requirements as 
police officers of the Federal Protective Service.''.
                                 <all>