[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4770 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4770

To amend the Act of June 1, 1948, to enhance homeland security and the 
public property protection capabilities of the Federal Government, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2002

Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. LaTourette, and Mr. 
  Costello) 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 enhance homeland security and the 
public property protection capabilities of the Federal Government, and 
                          for other purposes.

    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 ``Ronald C. Sheffield Federal Property 
Protection Act of 2002''.

 SEC. 2. LAW ENFORCEMENT AUTHORITY OF GENERAL SERVICES ADMINISTRATION.

    (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d; 
chapter 359; 62 Stat. 281) is amended to read as follows:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `Protection of Public Property Act'.

``SEC. 2. DEFINITIONS.

    ``In this Act, the following definitions apply:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of General Services.
            ``(2) Commissioner.--The term `Commissioner' means the 
        Commissioner of the Federal Protective Service.

``SEC. 3. LAW ENFORCEMENT AUTHORITY OF GENERAL SERVICES ADMINISTRATION.

    ``(a) Office of Federal Protective Service.--There is established 
in the General Services Administration the Office of the Federal 
Protective Service.
    ``(b) Commissioner of Federal Protective Service.--
            ``(1) Appointment.--The head of the Office shall be the 
        Commissioner of the Federal Protective Service, who shall be 
        appointed by the Administrator. The Commissioner shall 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.
            ``(3) Duties.--The Administrator shall prescribe the duties 
        and responsibilities of the Commissioner.
    ``(c) Officers and Agents.--
            ``(1) Designation.--The Administrator may designate 
        employees of the Office of the Federal Protective Service as 
        officers and agents for duty in connection with the protection 
        of property owned or occupied by the Federal Government and 
        persons on the property, including duty in areas outside the 
        property to the extent necessary to protect the property and 
        persons on the property.
            ``(2) Powers.--While engaged in the performance of official 
        duties, an officer or agent designated under this subsection 
        may--
                    ``(A) enforce Federal laws and regulations for the 
                protection of persons and property;
                    ``(B) carry firearms;
                    ``(C) make arrests without a warrant for any 
                offense against the United States committed in the 
                presence of the officer or agent or for any felony 
                cognizable under the laws of the United States if the 
                officer or agent has reasonable grounds to believe that 
                the person to be arrested has committed or is 
                committing a felony;
                    ``(D) serve warrants and subpoenas issued under the 
                authority of the United States; and
                    ``(E) conduct investigations, on and off the 
                property in question, of offenses that may have been 
                committed against property owned or occupied by the 
                Federal Government or persons on the property.
    ``(d) Regulations.--
            ``(1) In general.--The Administrator may prescribe 
        regulations necessary for the protection and administration of 
        property owned or occupied by the Federal Government and 
        persons on the property. The regulations may include reasonable 
        penalties, within the limits prescribed in paragraph (2), for 
        violations of the regulations. The regulations shall be posted 
        and remain posted in a conspicuous place on the property.
            ``(2) Penalties.--A person violating a regulation 
        prescribed under this subsection shall be fined under title 18, 
        United States Code, imprisoned for not more than 30 days, or 
        both.
    ``(e) Details.--
            ``(1) Requests of agencies.--On the request of the head of 
        a Federal agency having charge or control of property owned or 
        occupied by the Federal Government, the Administrator may 
        detail officers and agents designated under this section for 
        the protection of the property and persons on the property.
            ``(2) Applicability of regulations.--The Administrator 
        may--
                    ``(A) extend to property referred to in paragraph 
                (1) the applicability of regulations prescribed under 
                this section and enforce the regulations as provided in 
                this section; or
                    ``(B) utilize the authority and regulations of the 
                requesting agency if agreed to in writing by the 
                agencies.
            ``(3) Facilities and services of other agencies.--When the 
        Administrator determines it to be economical and in the public 
        interest, the Administrator may utilize the facilities and 
        services of Federal, State, and local law enforcement agencies, 
        with the consent of the agencies.
    ``(f) Authority Outside Federal Property.--For the protection of 
property owned or occupied by the Federal Government and persons on the 
property, the Administrator may enter into agreements with Federal 
agencies and with State and local governments to obtain authority for 
officers and agents designated under this section to enforce Federal 
laws and State and local laws concurrently with other Federal law 
enforcement officers and with State and local law enforcement officers.
    ``(g) Administrator and Attorney General Approval.--The powers 
granted to officers and agents designated under this section shall be 
exercised in accordance with guidelines approved by the Administrator 
and the Attorney General.
    ``(h) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to preclude or limit the authority of any 
Federal law enforcement agency.

``SEC. 4. SPECIAL PAY.

    ``Without regard to the pay provisions of chapter 51 of title 5, 
United States Code, and subchapter III of chapter 53 of such title, the 
Administrator may, in the Administrator's sole discretion, fix the 
rates of basic pay for the positions occupied by officers and agents 
designated under this Act so as to enable the officers and agents to be 
appropriately compensated in comparison to personnel performing 
comparable duties in other law enforcement organizations in the local 
labor market.

``SEC. 5. MINIMUM STANDARDS FOR CONTRACTING OF SECURITY PERSONNEL.

    ``The Commissioner shall prescribe minimum standards of suitability 
for employment to be applied by the Commissioner in the contracting of 
security personnel for property owned or occupied by the Federal 
Government and persons on the property.''.
    (b) Transitional Provisions.--
            (1) Commissioner of federal protective service.--On the 
        date of enactment of this Act, the individual serving as the 
        Assistant Commissioner of the Federal Protective Service shall 
        become the Commissioner of the Federal Protective Service under 
        section 3(b) of the Protection of Public Property Act (as 
        amended by this section). The requirements contained in that 
        section concerning the appointment and qualifications of the 
        Commissioner shall not apply to that individual.
            (2) Powers of officers and agents.--Until the date of 
        approval of guidelines by the Administrator and the Attorney 
        General under section 3 of the Protection of Public Property 
        Act (as amended by this section), officers and agents of the 
        Office of the Federal Protective Service may exercise only 
        those powers specified in section 1 of the Act of June 1, 1948 
        (40 U.S.C. 318; chapter 359; 62 Stat. 281), as in effect on the 
        day before the date of enactment of this Act.
    (c) Sense of Congress.--It is the sense of Congress that the number 
of full-time equivalent employees of the Office of the Federal 
Protective Service designated as officers and agents should be 
maintained at not fewer than 750.

SEC. 3. FEDERAL PROTECTIVE SERVICE OFFICERS RETIREMENT AND BENEFITS 
              PROVISIONS.

    (a) Maximum Age for Entry Into the Position of Federal Protective 
Service Officer.--Section 3307 of title 5, United States Code, is 
amended--
            (1) in subsection (a) by striking ``and (f)'' and inserting 
        ``(f), and (g)''; and
            (2) by adding at the end the following:
    ``(g) The Administrator of General Services may determine and fix 
the maximum age limit for an original appointment to a position as a 
Federal Protective Service Officer, as defined by section 8331(29) or 
8401(35).''.
    (b) Amendments Relating to the Civil Service Retirement System.--
            (1) Definition.--Section 8331 of title 5, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (27);
                    (B) by striking the period at the end of paragraph 
                (28) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(29) `Federal Protective Service Officer' means--
                    ``(A) an employee occupying a position in the 
                Office of the Federal Protective Service (established 
                by section 3(a) of the Protection of Public Property 
                Act), the duties of which position are primarily--
                            ``(i) to detect, investigate, apprehend, 
                        arrest, or detain individuals suspected or 
                        convicted of offenses against the criminal laws 
                        of the United States;
                            ``(ii) to protect and secure the personal 
                        safety of officials and other employees of the 
                        United States, as well as occupants and 
                        visitors on Federally-controlled property; and
                            ``(iii) to gather, assess, and analyze 
                        information relating to threats, and to respond 
                        to threats and attacks, against persons and 
                        property of the United States; and
                    ``(B) an employee who is transferred directly to a 
                supervisory or administrative position in the Office of 
                the Federal Protective Service from a position of 
                Federal Protective Service Officer (as defined by 
                subparagraph (A)) or law enforcement officer;
        any determination as to whether or not an employee satisfies 
        subparagraph (B) shall, in the case of an employee occupying a 
        position in the Office of the Federal Protective Service on the 
        date of the enactment of this paragraph, be made without regard 
        to any requirement that the employee have completed a minimum 
        period of one or more types of service before the date of 
        transfer.''.
            (2) Deductions, contributions, and deposits.--Section 8334 
        of title 5, United States Code, is amended--
                    (A) in subsection (a)(1), by striking ``or nuclear 
                materials courier,'' and inserting ``nuclear materials 
                courier, or Federal Protective Service Officer,''; and
                    (B) in subsection (c), by adding after the item 
                relating to a nuclear materials courier the following:

 
 
 
``Federal Protective Service Officer....  7.5....................  After the date of the enactment of the Ronald
                                                                    C. Sheffield Federal Property Protection Act
                                                                    of 2002.''.
 

            (3) Computation of annuity for certain officers mandatorily 
        separated.--Section 8339 of title 5, United States Code, is 
        amended by adding at the end the following:
    ``(v) The annuity of a Federal Protective Service Officer retiring 
under section 8335(e) is--
            ``(1) 2\1/2\ percent of the officer's average pay 
        multiplied by so much of his total service, performed as a 
        Federal Protective Service Officer or law enforcement officer, 
        as does not exceed 20 years; plus
            ``(2) 2 percent of the officer's average pay multiplied by 
        so much of his total service as exceeds the number of years of 
        service taken into account under paragraph (1).''.
            (4) Immediate retirement.--Section 8336(c)(1) of title 5, 
        United States Code, is amended by striking ``or nuclear 
        materials courier'' and inserting ``nuclear materials courier, 
        or Federal Protective Service Officer''.
            (5) Mandatory separation.--
                    (A) In general.--Section 8335(b) of title 5, United 
                States Code, is amended--
                            (i) by striking ``or nuclear materials 
                        courier'' and inserting ``nuclear materials 
                        courier, or Federal Protective Service Officer 
                        (other than one described in subsection (e))''; 
                        and
                            (ii) by striking ``or courier'' and 
                        inserting ``courier, or Federal Protective 
                        Service Officer (other than one described in 
                        subsection (e))''.
                    (B) Provisions relating to certain incumbents.--
                Section 8335 of title 5, United States Code, is amended 
                by inserting after subsection (d) the following:
    ``(e) A Federal Protective Service Officer who is employed by the 
Office of the Federal Protective Service on the date of the enactment 
of this subsection, and who is otherwise eligible for immediate 
retirement under section 8336, shall be separated from the service on 
the last day of the month in which such officer becomes 57 years of age 
or completes 10 years of service as a Federal Protective Service 
Officer if then over that age. The Administrator of General Services, 
under such regulations as the Administrator may prescribe, may exempt a 
Federal Protective Service Officer having exceptional skills and 
experience as a Federal Protective Service Officer from the automatic 
separation provisions of this subsection until the officer becomes 60 
years of age. The Administrator shall notify the officer in writing of 
the date of separation at least 60 days before that date. Action to 
separate the officer is not effective, without the consent of the 
officer, until the last day of the month in which the 60-day notice 
expires.''.
    (c) Amendments Relating to the Federal Employees' Retirement 
System.--
            (1) Definition.--Section 8401 of title 5, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (33);
                    (B) by striking the period at the end of paragraph 
                (34) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(35) `Federal Protective Service Officer' has the meaning 
        given that term in section 8331(29).''.
            (2) Deductions and contributions.--
                    (A) Employee deductions and contributions.--Section 
                8422(a)(3) of title 5, United States Code, is amended 
                by adding after the item relating to a nuclear 
                materials courier the following:

 
 
 
``Federal Protective Service Officer....  7.5....................  After the date of the enactment of the Ronald
                                                                    C. Sheffield Federal Property Protection Act
                                                                    of 2002.''.
 

                    (B) Agency contributions.--Paragraphs (1)(B)(i) and 
                (3)(A) of section 8423(a) of title 5, United States 
                Code, are amended by inserting ``Federal Protective 
                Service Officers,'' after ``firefighters,'' each place 
                it appears.
            (3) Provisions relating to computation of basic annuity.--
                    (A) Annuity for certain officers mandatorily 
                separated.--Section 8415 of title 5, United States 
                Code, is amended by adding at the end the following:
    ``(j) The annuity of a Federal Protective Service Officer retiring 
under section 8425(e) is--
            ``(1) 2\1/2\ percent of the officer's average pay 
        multiplied by so much of his total service, performed as a 
        Federal Protective Service Officer or law enforcement officer, 
        as does not exceed 20 years; plus
            ``(2) 2 percent of the officer's average pay multiplied by 
        so much of his total service as exceeds the number of years of 
        service taken into account under paragraph (1).''.
                    (B) Technical and conforming amendments.--
                            (i) Inapplicability of 1.1 percent accrual 
                        rate.--Section 8415(g)(2) of title 5, United 
                        States Code, is amended by inserting ``Federal 
                        Protective Service Officer,'' after ``nuclear 
                        materials courier,''.
                            (ii) Annuities on reemployment.--Section 
                        8468(b)(1)(A) of title 5, United States Code, 
                        is amended by inserting ``and (j)'' after 
                        ``through (g)''.
            (4) Immediate retirement.--Section 8412(d) of title 5, 
        United States Code, is amended by striking ``or nuclear 
        materials courier'' each place it appears and inserting 
        ``nuclear materials courier, or Federal Protective Service 
        Officer''.
            (5) Mandatory separation.--
                    (A) In general.--Section 8425(b) of title 5, United 
                States Code, is amended by inserting ``Federal 
                Protective Service Officer (other than one described in 
                subsection (e)),'' after ``law enforcement officer'' 
                each place it appears.
                    (B) Provisions relating to certain incumbents.--
                Section 8425 of title 5, United States Code, is amended 
                by redesignating subsection (e) as subsection (f), and 
                by inserting after subsection (d) the following:
    ``(e) A Federal Protective Service Officer who is employed by the 
Office of the Federal Protective Service on the date of the enactment 
of this subsection, and who is otherwise eligible for immediate 
retirement under section 8412, shall be separated from the service on 
the last day of the month in which such officer becomes 57 years of age 
or completes 10 years of service as a Federal Protective Service 
Officer if then over that age. The Administrator of General Services, 
under such regulations as the Administrator may prescribe, may exempt a 
Federal Protective Service Officer having exceptional skills and 
experience as a Federal Protective Service Officer from the automatic 
separation provisions of this subsection until the officer becomes 60 
years of age. The Administrator shall notify the officer in writing of 
the date of separation at least 60 days before that date. Action to 
separate the officer is not effective, without the consent of the 
officer, until the last day of the month in which the 60-day notice 
expires.''.
    (d) Payments.--
            (1) In general.--The Administrator of General Services 
        shall pay into the Civil Service Retirement and Disability Fund 
        an amount determined by the Director of the Office of Personnel 
        Management to be necessary to reimburse the Fund for any 
        estimated increase in the unfunded liability of the Fund 
        resulting from the amendments made by subsection (b).
            (2) Timing.--The Administrator of General Services shall 
        pay the amount so determined in 5 equal annual installments 
        with interest computed at the rate used in the most recent 
        valuation of the Civil Service Retirement System, with the 
        first payment thereof due by the end of fiscal year 2003.
            (3) Source.--The Administrator of General Services shall 
        make payments under this subsection from amounts available 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)).
    (e) Law Enforcement Pay.--
            (1) Pay and benefits under provisions of fepca.--A Federal 
        Protective Service Officer (within the meaning of section 
        8331(29) or 8401(35) of title 5, United States Code) is 
        entitled to the same pay and benefits as are provided by 
        sections 403, 404, and 407 of the Federal Employees Pay 
        Comparability Act of 1990 (5 U.S.C. 5305 note) to a law 
        enforcement officer (as defined by section 402 of such Act).
            (2) Award for foreign language capabilities.--Section 4521 
        of title 5, United States Code is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (5);
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) a Federal Protective Service Officer (within the 
        meaning of section 8331(29) or 8401(35)).''.
            (3) Overtime pay.--Section 5542(a)(4) of title 5, United 
        States Code, is amended by inserting ``or a Federal Protective 
        Service Officer (within the meaning of section 8331(29) or 
        8401(35))'' after ``law enforcement officer''.
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