[Congressional Record Volume 146, Number 83 (Tuesday, June 27, 2000)]
[House]
[Pages H5198-H5201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL PROTECTIVE SERVICE REFORM ACT OF 2000
Mr. LaTOURETTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 809) to amend the Act of June 1, 1948, to provide for reform
of the Federal Protective Service, as amended.
The Clerk read as follows:
H.R. 809
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:
[[Page H5199]]
``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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. LaTourette) and the gentlewoman from the District of Columbia
(Ms. Norton) each will control 20 minutes.
The Chair recognizes the gentleman from Ohio (Mr. LaTourette).
Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 809, as amended, the Federal Protective Service
Reform Act of 2000, makes the Federal Protective Service a freestanding
service within the General Services Administration and creates a
Federal Protective Service commissioner with line authority over
regional directors. Federal Protective Service is currently under the
Public Buildings Service, a real estate function within the GSA.
The commissioner of the Public Building Service currently has no line
authority over regional directors and can only recommend policies and
procedures.
This structure leaves the Federal Protective Service with just
disjointed authority and blurred accountability.
H.R. 809 establishes police and training experience standards for the
new Federal Protective Service commissioner, including at least 5 years
of professional law enforcement experience.
The bill clarifies and broadens authority for the officers regarding
arrest and investigative powers and expands jurisdiction to areas
adjacent to Federal property. All regulations implementing these
expanded authorities are subject to the approval of the Attorney
General.
The bill requires contract security guards to undergo more rigorous
background checks and increases the number of full-time FPS officers to
730.
Mr. Speaker, I am pleased that our committee could work out a
compromise with the Committee on Government Reform and Oversight, and
section 7 on pay and benefits reflects that compromise. It has been
modified to direct that the Office of Personnel Management conduct a
study of the pay and benefits of all Federal police forces to determine
whether there are disparities between the pay and benefits of such
forces.
We expect this record will be transmitted to the Congress no later
than 12 months following enactment of this legislation. The change to
section 7 will reduce the costs of the legislation to those costs to
hire additional officers.
This legislation enhances the FPS and will make Federal buildings
more secure. It has no impact on the facilities secured by the Secret
Service, Federal Bureau of Investigation, and the United States Marshal
Service. I want to emphasize that this bill does not affect the
statutory authority and responsibility of the Marshal Service to
provide protection to the United States judges, U.S. attorneys and
others connected with the functions of United States courthouses.
The law enforcement community strongly supports this measure. This
legislation is long overdue, and I want to commend my colleague, the
gentleman from the 17th District of Ohio (Mr. Traficant), for his
persistence and active involvement in bringing this measure to the
floor. I support this bill and encourage its passage.
Mr. Speaker, I submit the following letter for the Record.
House of Representatives,
Committee on Government Reform,
Washington, DC, June 13, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: In the interest of expediting Floor
consideration of the bill, the Committee will not exercise
its jurisdiction over H.R. 809. However, we have agreed that
the following language is to replace the existing language in
section 7 of the legislation.
``The Office of Personnel Management shall survey the pay
and benefits of all federal police forces to determine
whether there are disparities between the pay and benefits of
such forces that are not commensurate with differences in
duties or working conditions. The Office shall submit a
report to the Congress within 12 months after the date of
enactment of this Act, which shall contain the Office's
findings and recommendations. In order for the Committees to
properly evaluate granting law enforcement status, the
Committees expect the report to be completed and submitted
within the stated timeframe.''
As you know, House Rules grant the Committee on Government
Reform wide jurisdiction over government management issues
including matters related to Federal civil service. This
action should not, however, be construed as waiving the
Committee's jurisdiction over future legislation of a similar
nature.
I look forward to working with you on this and other issues
throughout the remainder of the 106th Congress.
Sincerely,
Dan Burton,
Chairman.
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, June 13, 2000.
Hon. Dan Burton,
Chairman, Committee on Government Reform, Washington, DC.
Dear Mr. Chairman: Soon the House will consider H.R. 809,
the Federal Protective Service Reform Act of 2000. While H.R.
809 primarily contains provisions related to matters solely
in the jurisdiction of the Committee on Transportation and
Infrastructure, I recognize that Section 7 of the bill
regarding federal pay issues are under the jurisdiction of
the Committee on Government Reform and agree to modify
Section 7 to meet your concern.
I agree that allowing this bill to go forward in no way
impairs upon your jurisdiction over these provisions, and I
would be pleased to place this letter and your letter of June
13, 2000 in the Committee's Report. In addition, if a
conference is necessary on this bill, I would support any
request to have the Committee on Government Reform be
represented on the conference with respect to the matters in
question.
I look forward to passing this bill on the Floor soon and
thank you for your assistance.
Sincerely,
Bud Shuster,
Chairman.
Mr. Speaker, I reserve the balance of my time.
Ms. NORTON. Mr. Speaker, yield myself such time as I may consume.
Mr. Speaker, I am a strong cosponsor of H.R. 809, a bill to provide a
higher level of law enforcement professionalism in the Federal
Protective Service, or FPS. The FPS is responsible for providing
security not only in Federal buildings but also for the public who
visit those buildings and the employees who work in them.
For over a year, the Subcommittee on Economic Development, Public
Buildings, Hazardous Materials and Pipeline Transportation has reviewed
and considered a bill to make the Federal Protective Service an
independent entity within the General Services Administration. Through
several Congresses, the subcommittee held hearings on the status of
security in government-owned buildings. However, the nature of threats
to Federal property changed forever with the bombing of the Murrah
Federal Building in Oklahoma City.
In general, the subcommittee was concerned about the quality of
Federal protection, including the use of contract guard services. The
Members focused on the overall management of the FPS and received
testimony from the General Accounting Office reporting how well the
public building services was managing the protective function.
We became convinced that separating the Federal Protective Service
from the real estate function in GSA would help achieve a higher level
of professionalism we thought essential in Federal buildings today.
We received numerous letters in support from local law enforcement
entities from across the country that supported strengthening the
management of FPS by making it an independent entity within GSA. After
reviewing testimony, the subcommittee determined that making the
Federal Protective Service a separate entity within GSA makes sense. It
makes good management sense.
This move makes operational sense as well. The commissioner of the
FPS
[[Page H5200]]
will now have command and control over his own employees. The
commissioner will be able to make immediate decisions and deploy police
officers without having to check with the real estate arm of GSA.
It is not a decision the subcommittee made quickly or without
extensive discussion and deliberations. The staff has had numerous
discussions with GSA, managers from the Federal Protective Service,
officials from the Department of Justice, and finally the officials of
the United States Secret Service.
The time has come to move forward with legislation that will
professionalize the Federal protective workforce. It is time to update
and upgrade the quality of protection offered to the public who visits
our public buildings and the employees who work in these buildings.
The bill will create a separate entity within GSA. The commissioner
will have control over his own employees; and as important, he will
have the authority to set the standards for hiring the contract guards
who are so ubiquitous in Federal buildings today.
The bill accomplishes a great deal, but a great deal remains to be
done to ensure higher level of security in Federal buildings and for
Federal property.
Architectural design needs to incorporate security features,
sufficient funding for technology needs to be identified, and our cop
on the beat needs to be the best trained and knowledgeable employee.
Mr. Speaker, I very much support H.R. 809, as amended.
Mr. Speaker, I reserve the balance of my time.
Mr. LaTOURETTE. Mr. Speaker, I have no additional requests for time,
and I reserve the balance of our time.
Ms. NORTON. Mr. Speaker, I yield such time as he may consume to the
gentleman from Ohio (Mr. Traficant), the chief sponsor of the bill.
(Mr. TRAFICANT asked and was given permission to revise and extend
his remarks.)
Mr. TRAFICANT. Mr. Speaker, I want to thank the gentlewoman from the
District (Ms. Norton) for yielding me the time and the former
prosecutor, the gentleman from Northern Ohio (Mr. LaTourette), who
understands that the best case that prosecutor may see or a sheriff may
see is the one that we never see, because we may have prevented that
particular deed which has caused the need for a prosecutor and sheriff
to be involved.
I want to start out by saying that our Subcommittee on Economic
Development, Public Buildings, Hazardous Materials and Pipeline
Transportation is probably the best kept secret in the Congress. I want
to commend the two directors of the staff, Rick Barnett and Susan
Brita; they do a great job. They did a great job on this bill.
I want to compliment the gentleman from Pennsylvania (Mr. Shuster),
the chairman; and the gentleman from Minnesota (Mr. Oberstar), our
ranking member; the gentleman from New Jersey (Mr. Franks), the
subcommittee chairman; and the gentleman from West Virginia (Mr. Wise),
the ranking member; and Members like the gentleman from Ohio (Mr.
LaTourette), with his extensive knowledge of law enforcement; and
everybody else on that subcommittee who has passed such important
legislation, and sometimes it goes unrelated in this Congress. There is
always a bipartisanship that emanates from that behavior; and as a
result, the legislation is effective and makes a difference.
I just wanted to start out talking about Oklahoma City. Mr. Speaker,
we know that if we look at Oklahoma City, as I did as a sheriff, I can
understand why Oklahoma City became that target, the Alfred P. Murrah
building.
There were three Federal buildings guarded by one guard that day, and
that guard was a contract guard. Now, I am not demeaning the contract
guards that serve in the Federal Protective Service; many of them are
former law enforcement officers that are working now and extending
their career. I think they should be paid more. I think that the bill
would be better had we made that particular type of adjustment, but I
think the compromise made with the Committee on Government Reform and
the gentleman from Indiana (Mr. Burton), who has been very fair, is
good. I would hope that in the future that all law enforcement and the
parity for law enforcement would be a top priority of this body.
The bottom line remains that that contract guard as it existed did
not go through the same type of background checks and training as do
our regular officers and these men and women are underpaid, overworked.
And the big beacon light that beams out there for terrorists targets is
our great buildings.
{time} 1245
It is easy to make international headlines and these terrorist groups
can, in fact, compete with America, with our military might so their
guerilla warfare tactics that center on terrorist activities must be
recognized and must be dealt with. This bill does that.
The first thing it does is it makes a fundamental change absolutely
necessary. The director of the Federal Protective Service right now
answers to the director of the Public Building Service, who is a real
estate expert. He is a good one, but he does not understand law
enforcement. We want to make sure that that director of the law
enforcement activities covering our Federal buildings reports directly
to the General Services administrator. We want to make sure that those
contract guards have the exact training, they have the background
checks, they have expanded police powers.
So the bill is simplistic, it is common sense, but more importantly,
it speaks to the fact that the Congress of the United States did not
just grieve and hold hearings over Oklahoma City. The Congress of the
United States promulgated a plan predicated on reasonable factors and
brought forward a legislative remedy.
Mr. Speaker, understand that there are some people in GSA that are
going to oppose this legislation. As the sponsor of this bill on the
floor, I want to make this statement: the responsibility in the future
for a terrorist act in one of our buildings now rests in their hands
if, over turf battles, they hold back an excellent piece of legislative
initiative brought before the Congress. So I want to echo the
statements of the gentleman from Ohio (Mr. LaTourette) and his
expertise in this field, and I want to thank again the staff.
Mr. Speaker, I ask all Members of Congress to support the bill.
Mr. Speaker, as the author of H.R. 809, the ``Federal Protective
Service Reform Act,'' I rise in strong support of the bill.
I have been working for the past six years to improve federal
building security. This bill will make a big difference. It will put us
in a position where we can reduce the likelihood of another Oklahoma
City.
Good security starts and ends with good people. One of the keys to
dramatically improving building security is having a well-trained FPS
led by experienced law enforcement and security professionals--not real
estate managers. Congress also needs to clearly establish, by statute,
FPS's mission and jurisdiction.
H.R. 809 will achieve all of these goals.
I want to thank full committee chairman Bud Shuster, ranking member
Oberstar, the subcommittee chair Bob Franks and the ranking member Bob
Wise.
I also want to thank Chairman Dan Burton of the Government Reform
Committee for working with our committee on the issue of FPS pay. While
I would have liked to have kept in the bill a provision increasing FPS
pay, I believe that the OPM study provision, which was drafted in
consultation with the Government Reform Committee, will ultimately
result in FPS officers be fairly compensated.
I, for one, intend to keep working to pass separate legislation to
ensure that all federal law enforcement officers--including FPS
officers--are fairly and fully compensated.
Why is this legislation needed?
Low manpower levels, a flawed management structure, and the
increasing use of unqualified contract guards are seriously
compromising the ability of FPS to do its job.
For example, FPS is part of GSA's real estate management arm, the
Public Building Service. As such, the head of FPS does not have command
and control authority over FPS regional directors. Regional FPS
directors report directly to Public Building Service regional
administrators--individuals with no law enforcement experience.
In addition, the majority of FPS regional directors have no law
enforcement or intelligence experience.
H.R. 809 embodies the FPS-related recommendations made in a 1995
Justice Department study conducted in the wake of the April 19, 1995
bombing of the Murrah building
[[Page H5201]]
in Oklahoma City. The study's recommendations, which included upgrading
the position of FPS within GSA, were endorsed by the FBI, Marshals
Service, Department of Defense, Secret Service, State Department and
Administrative Office of the U.S. Courts.
I would also point out that a 1996 review conducted for GSA by Arthur
Andersen strongly recommended that FPS be made a stand-alone service
within GSA. Unfortunately, through four separate hearings conducted
over the past two years by the Transportation and Infrastructure
Committee, PBS never once mentioned this key study.
H.R. 809 has been strongly endorsed by every major law enforcement
organization in the country, including the National Fraternal Order of
Police, the Federal Law Enforcement Officers Association and the
International Brotherhood of Police Officers.
The only issue that has been contentious, as far as the Public
Building Service is concerned, is whether or not FPS should be a stand-
alone service within GSA.
On this issue I side with the law enforcement community.
The fact is, the entire law enforcement community believes that
making FPS a stand-alone service within GSA is essential to upgrading
and improving federal building security.
Mr. Speaker, this bill is much needed and long overdue. The sad
reality is that since Oklahoma City, the terrorist threat to federal
buildings--foreign and domestic--has increased dramatically. Right now,
we are still unprepared to deal with this threat.
H.R. 809 will give us a fighting chance to effectively combat
terrorism. I urge its approval.
Mr. Speaker, I reserve the balance of my time.
Ms. NORTON. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. LaTOURETTE. Mr. Speaker, a good bill deserves to be passed; I
support it.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Simpson). The question is on the motion
offered by the gentleman from Ohio (Mr. LaTourette) that the House
suspend the rules and pass the bill, H.R. 809, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________