[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 307 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 307

To amend the Act of June 1, 1948, to provide for reform of the Federal 
   Protective Service, to enhance the safety and security of federal 
employees, members of the public and for children enrolled in childcare 
facilities located in public buildings under the control of the General 
            Services Administration and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 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 Act of June 1, 1948, to provide for reform of the Federal 
   Protective Service, to enhance the safety and security of federal 
employees, members of the public and for children enrolled in childcare 
facilities located in public buildings under the control of the General 
            Services 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 PROTECTIVE SERVICE REFORM ACT

SEC. 101. SHORT TITLE.

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

SEC. 102. 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. 103. 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 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. 104. 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. 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 730 full-time equivalent police 
officers in the Federal Protective Service. This number shall not be 
reduced unless specifically authorized by law.''.

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.''.

SEC. 110. 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.''.

           TITLE II--FEDERAL FACILITY SAFETY ENHANCEMENT ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Federal Facility Safety 
Enhancement Act.''

SEC. 202. SAFETY AND SECURITY OF PERSONS IN FEDERAL FACILITIES.

    The Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) is amended 
by adding at the end the following:

``SEC. 22. SAFETY AND SECURITY OF PERSONS IN CHILDCARE FACILITIES.

    ``(a) Written Notice to Parents or Guardians.--
            ``(1) Initial notification.--Before the enrollment of any 
        child in a childcare facility located in a public building 
        under the control of the Administrator, the Administrator shall 
        provide to the parents or guardians of the child a written 
        notification containing--
                    ``(A) an identification of the current tenants in 
                the public building; and
                    ``(B) the designation of the level of security of 
                the public building.
            ``(2) Notification of new tenants.--After providing a 
        written notification to the parents or guardians of a child 
        under paragraph (1), the Administrator shall provide to the 
        parents or guardians a written notification if any new Federal 
        tenant is scheduled to take occupancy in the public building.
    ``(b) Written Notice to Federal Employees.--
            ``(1) Initial notification.--The Administrator shall 
        provide Federal employees a written notification containing--
                    ``(A) an identification of the current tenants in 
                the public building; and
                    ``(B) the designation of the level of security of 
                the public building.
            ``(2) Notification of serious threats to safety or 
        security.--As soon as practicable after being informed of a 
        serious threat, as determined by the Administrator, that could 
        affect the safety and security of Federal employees, members of 
        the public and children enrolled in a childcare facility in a 
        public building under the control of the Administrator, the 
        Administrator shall provide notice of the threat to the contact 
        person for each tenant in the facility and to the parents or 
        guardians of each child in the facility.
    ``(c) Report to Congress.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section, the Administrator shall transmit 
        to Congress a comprehensive report on childcare facilities in 
        public buildings under the control of the Administrator.
            ``(2) Contents.--The report to be transmitted under 
        paragraph (1) shall include--
                    ``(A) an identification and description of each 
                childcare facility located in a public building under 
                the control of the Administrator;
                    ``(B) an assessment of the level of safety and 
                security of children enrolled in the childcare facility 
                and recommendations on methods for enhancing that 
                safety and security; and
                    ``(C) an estimate of cost associated with 
                recommendations furnished under paragraph (2)(B).
            ``(3) Windows and interior furnishings.--In conducting an 
        assessment of a childcare facility under paragraph (2)(B), the 
        Administrator shall examine the windows and interior 
        furnishings of the facility to determine whether adequate 
        protective measures have been implemented to protect children 
        in the facility against the dangers associated with windows and 
        interior furnishings in the event of a natural disaster or 
        terrorist attack, including the deadly effect of flying 
        glass.''.
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