[Congressional Record (Bound Edition), Volume 146 (2000), Part 9]
[House]
[Pages 12541-12545]
[From the U.S. 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,

[[Page 12542]]



     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 
     ofprofessional 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.''.

  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

[[Page 12543]]

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 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.

[[Page 12544]]

  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. 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 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.

[[Page 12545]]

  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.

                          ____________________