[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2898 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2898

  To amend the Acts of June 1, 1948, and July 5, 1994, to provide for 
  reform of the Federal Protective Service, to enhance the safety and 
security of Federal, State, and local employees, members of the public 
   at airports with any facilities under the control of the General 
 Services Administration, or airports under the control of the Federal 
            Aviation Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2001

Mr. Traficant introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
    Committee on Government Reform, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Acts of June 1, 1948, and July 5, 1994, to provide for 
  reform of the Federal Protective Service, to enhance the safety and 
security of Federal, State, and local employees, members of the public 
   at airports with any facilities under the control of the General 
 Services Administration, or airports under the control of the Federal 
            Aviation Administration, and for other purposes.

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

           TITLE I--FEDERAL AIRPORTS SECURITY ENHANCEMENT ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Federal Airports Security 
Enhancement Act''.

SEC. 102. ESTABLISHMENT OF AIRPORT SECURITY COMMITTEES.

    The Act of July 5, 1994 (49 U.S.C. 44935), is amended--
            (1) by striking section 44901 subparagraph (b) and 
        inserting the following:

``SEC. 103. EMPLOYMENT STANDARDS AND TRAINING.''.

            (2) by striking section 44935 subparagraph (b) and 
        inserting the following:
    ``(a) Review and Recommendations.--The Administrator of the Federal 
Aviation Administration shall establish Security Committees at each 
airport location to be composed of representatives of the air carriers, 
airport operators, other interested parties and at least one 
representative from the Federal Protective Service, the Federal Bureau 
of Investigation, The Federal Aviation Administration and one member 
from each local jurisdiction that the airport may be located in or that 
may have jurisdictional authority for the airport facility. Each 
Airport Security Committee shall meet at least quarterly and shall make 
recommendations for minimum security countermeasures to the 
Administrator. The Federal Protective Service shall have primary 
responsibility for conducting on an ongoing basis security surveys and 
formulating recommendations to the Security Committee. The 
Administrator shall prescribe appropriate changes in existing 
procedures to improve that performance.''.

SEC. 103. SCREENING PASSENGERS AND PROPERTY.

    The Act of July 5, 1994 (49 U.S.C. 44935), is amended by striking 
section 44901, subparagraph (a), and inserting the following:
    ``(a) General Requirements.--The Administrator of the Federal 
Aviation Administration shall prescribe regulations requiring screening 
of all passengers and property that will be carried in a cabin of an 
aircraft in air transportation or intrastate air transportation. The 
screening must take place before boarding and be carried out by a 
weapon detecting facility or procedure used or operated by an employee 
or agent of the Federal Protective Service. The Administrator--
            ``(1) shall require that sufficient Federal Police Officers 
        are posted at airport facilities to provide patrol duties 
        during all hours of operations as well as supervise screening 
        personnel;
            ``(2) shall maintain sufficient numbers of Special Agents 
        to provide necessary investigative and supervisory capability; 
        and
            ``(3) shall obtain all necessary personnel and 
        authorization from the Administrator of the General Services 
        Administration.''.

SEC. 104. 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:

``SEC. 2. 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. 105. 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 or Special Agent 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;
                    ``(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) 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:
                    ``(A) The Administrator will in coordination with 
                the Administrator of the Federal Aviation 
                Administration confer the powers granted to such 
                officers under this section in areas under the charge 
                and control of the Administrator of the Federal 
                Aviation Administration.''; and
            (2) by moving the left margin of paragraph (1) (as 
        designated by section 202(4) of this Act) so as to 
        appropriately align with paragraphs (2), (3), and (4) (as added 
        by paragraph (1) of this subsection).

SEC. 105. 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 policemen'' 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. 106. 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 Service 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 paragraphs (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. 107. PAY AND BENEFITS.

    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.

    ``(a) Survey.--The Director of the Office of Personnel Management 
shall conduct a survey of the pay and benefits of all Federal police 
forces to determine whether there are disparities between the pay and 
benefit of such forces that are not commensurate with differences in 
duties of working conditions.
    ``(b) Pay Schedule.--The Director of the Office of Personnel 
Management shall in connection with the survey conducted in subsection 
(a) produce a pay and benefit schedule for employees of the Federal 
Protective Service to be contained in the findings and recommendations.
    ``(c) Report.--Not later than 6 months after the date of the 
enactment of this section, the Director shall transmit to Congress a 
report containing the results of the survey conducted under subsection 
(a), together with the Director's findings and recommendations.''.

SEC. 108. 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 the enactment of 
this section, there shall be at least 1,000 full-time equivalent police 
officers in the Federal Protective Service to be assigned to areas 
outside of airport operations. This number shall not be reduced unless 
specifically authorized by law. The Administrator of the General 
Services Administration and the Administrator of the Federal Aviation 
Administration shall jointly determine full time equivalent number of 
Police Officers and Special Agents assigned to airport security and law 
enforcement.''.

SEC. 109. 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.

    ``(a) In General.--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:
            ``(1) Contract cost.--The Commissioner of the Federal 
        Protective Service shall conduct a cost analysis on each 
        security personnel supply contract to determine if the use of 
        personnel directly employed by the United States would be more 
        cost effective for use in buildings and areas that are owned or 
        occupied by the United States and under the control and charge 
        of the Administrator of General Services. The Commissioner of 
        the Federal Protective Service may not use the prescribed cost 
        analysis for purposes of reducing the number of Police Officers 
        with the Federal Protective Service''.

SEC. 110. AUTHORIZATION OF COST RECOVERY.

    The Administrator of the General Services Administration is 
authorized to recover all direct and indirect costs associated with 
airport security operations under this Act from the Federal Aviation 
Administration:
            (a) Operations cost recovery.--The Administrator of the 
        Federal Aviation Administration is authorized to recover costs 
        associated with enhanced security operations from the airport 
        authorities and air carriers where such entities are currently 
        providing services that would be replaced by the requirements 
        in this act in such matter as may be determined by the 
        Administrator.
            (b) The Administrator of the Federal Aviation 
        Administration may recover all direct costs of enhancements 
        required by this act where such personnel or services do not 
        currently exist and no appropriation is available from airport 
        authorities and air carriers in such manner as the 
        Administrator may determine.

SEC. 111. 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. 11. 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)) and from the 
Federal Aviation Administration such sums as may be necessary to carry 
out this Act.''.
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