[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 809 Reported in House (RH)]

                                                 Union Calendar No. 379
106th CONGRESS
  2d Session
                                H. R. 809

                          [Report No. 106-676]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1999

Mr. Traficant introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                             March 9, 2000

               The Committee on the Judiciary discharged

                             March 9, 2000

    Rereferred to the Committee on Transportation and Infrastructure

                             June 14, 2000

Additional sponsors: Ms. Granger, Mr. Underwood, Ms. Norton, Mr. Frost, 
Mr. Wynn, Ms. Brown of Florida, Ms. Woolsey, Mr. Martinez, Mr. Duncan, 
    Mr. Young of Alaska, Mr. Skeen, Mr. LaTourette, Mr. Coburn, Ms. 
McKinney, Mr. English, Mr. Watts of Oklahoma, Mr. Deal of Georgia, Mr. 
    Calvert, Ms. Pelosi, Mr. Gutierrez, Mr. McNulty, Mr. Terry, Mr. 
  Costello, Mr. Cooksey, Mr. McHugh, Mr. Strickland, Mr. Inslee, Mr. 
 Davis of Virginia, Ms. Danner, Mr. Moran of Virginia, Mr. Walsh, Mr. 
                   Gilman, Mr. Forbes, and Mr. Filner

                             June 14, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 23, 1999]

_______________________________________________________________________

                                 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 2000''.

SEC. 2. DESIGNATION OF POLICE OFFICERS.

    The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended--
            (1) in section 1 by striking the section heading and 
        inserting the following:

``SECTION 1. POLICE OFFICERS.'';

            (2) in sections 1 and 3 by striking ``special policemen'' 
        each place it appears and inserting ``police officers'';
            (3) in section 1(a) by striking ``uniformed guards'' and 
        inserting ``certain employees''; and
            (4) in section 1(b) by striking ``Special policemen'' and 
        inserting the following:
            ``(1) In general.--Police officers''.

SEC. 3. POWERS.

    Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is 
further amended--
            (1) by adding at the end the following:
            ``(2) Additional powers.--Subject to paragraph (3), a 
        police officer appointed under this section is authorized while 
        on duty--
                    ``(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;
                    ``(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; and
                    ``(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.
            ``(3) Approval of regulations by attorney general.--The 
        additional powers granted to police officers under paragraph 
        (2) shall become effective only after the Commissioner of the 
        Federal Protective Service issues regulations implementing 
        paragraph (2) and the Attorney General of the United States 
        approves such regulations.
            ``(4) Authority outside federal property.--The 
        Administrator may enter into agreements with State and local 
        governments to obtain authority for police officers appointed 
        under this section to exercise, concurrently with State and 
        local law enforcement authorities, the powers granted to such 
        officers under this section in areas adjacent to property owned 
        or occupied by the United States and under the charge and 
        control of the Administrator.''; and
            (2) by moving the left margin of paragraph (1), as 
        designated by section 2(4) of this Act, so as to appropriately 
        align with paragraphs (2), (3), and (4), as added by paragraph 
        (1) of this subsection.

SEC. 4. PENALTIES.

    Section 4(a) of the Act of June 1, 1948 (40 U.S.C. 318c(a)), is 
amended to read as follows:
    ``(a) In General.--Except as provided in subsection (b), whoever 
violates any rule or regulation promulgated pursuant to section 2 shall 
be fined or imprisoned, or both, in an amount not to exceed the maximum 
amount provided for a Class C misdemeanor under sections 3571 and 3581 
of title 18, United States Code.''.

SEC. 5. SPECIAL AGENTS.

    Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended--
            (1) by striking ``nonuniformed special policemen'' each 
        place it appears and inserting ``special agents'';
            (2) by striking ``special policeman'' and inserting 
        ``special agent''; and
            (3) by adding at the end the following: ``Any such special 
        agent while on duty shall have the same authority outside 
        Federal property as police officers have under section 
        1(b)(4).''.

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) except as otherwise provided by law, serve as the 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 (other than buildings and areas that are secured 
        by the United States Secret Service);
            ``(3) render necessary assistance, as determined by the 
        Administrator, to other Federal, State, and local law 
        enforcement agencies upon request; and
            ``(4) coordinate the activities of the Commissioner with 
        the activities of the Commissioner of the Public Buildings 
        Service.
Nothing in this subsection may be construed to supersede or otherwise 
affect the duties and responsibilities of the United States Secret 
Service under sections 1752 and 3056 of title 18, United States Code.
    ``(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.''.
    (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 any employee of the Federal 
Protective Service who maintains active law enforcement status under 
section 1 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 Capitol Police. Such pay 
scale and benefits package shall be established by regulation, shall 
apply with respect to the pay period beginning January 1, 2001, and 
ending December 31, 2001 (and such other pay periods as may be 
authorized by law), and shall not result in a decrease in the pay or 
benefits of any individual for such pay period.''.
    (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.

    ``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.''.

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 the Federal Protective Service shall 
prescribe minimum standards of suitability for employment to be applied 
in the contracting of security personnel for buildings and areas that 
are owned or occupied by the United States and under the control and 
charge of the Administrator of General Services.''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated from the Federal Buildings 
Fund established by section 210(f) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 490(f)) such sums as may 
be necessary to carry out this Act.''.
                                                 Union Calendar No. 379

106th CONGRESS

  2d Session

                               H. R. 809

                          [Report No. 106-676]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 14, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed