[House Report 106-676]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-676

======================================================================



 
             FEDERAL PROTECTIVE SERVICE REFORM ACT OF 2000

                                _______
                                

 June 14, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 809]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 809) to amend the Act of June 1, 
1948, to provide for reform of the Federal Protective Service, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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:

``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.''.

                          Summary and Purpose

    H.R. 809, as amended, the ``Federal Protective Service 
Reform Act of 2000,'' makes the Federal Protective Service 
(FPS) a freestanding service within the General Services 
Administration (GSA); clarifies jurisdictional issues for areas 
adjacent to Federal property; creates an FPS Commissioner with 
line authority over the Regional Directors; establishes police 
and training experience standards for the FPS Commissioner; 
requires contract security guards to undergo background checks; 
increases FPS officers pay; and increases the number of full-
time FPS officers to 730.

                  Background and Need for Legislation

    The Federal Protective Service dates back to 1790, with the 
enactment of legislation authorizing the President to appoint 
three commissioners to establish a federal territory for a 
permanent seat of the Federal Government. Prior to the formal 
establishment of the seat of government, the commissioners 
hired six night watchmen to protect the designated buildings 
the government was intended to occupy. The FPS traces its 
origins to the appointment of these six night watchmen.
    Through the years the FPS resided in a number of different 
agencies. The act of June 1, 1948 authorized the Administrator 
to appoint special policemen for duty in connection with the 
policing of all buildings and areas owned or occupied by the 
United States and under charge and control of GSA. In 1949 
Congress enacted the Federal Property and Administrative 
Services Act of 1949, which consolidated real property 
functions in the newly created GSA. Under this post, the FPS 
force, known at this time as the United States Special Police, 
came under the supervision of the Protection Division of the 
Public Buildings Service, which was created in 1949. In 1971, 
the Administrator of GSA signed an order formally establishing 
the Federal Protection Force, later known as the Federal 
Protective Service and the Civil Service Commission (now known 
as the Office of Personnel Management) authorized the special 
classification title of Federal Protective Officer.
    Initially the main function of the FPS was protection, as 
an integral part of building operations. However the concept of 
``protection'' in 1950 was dramatically different than it is 
today. For the most part, the force held fixed posts and 
performed duties that would be considered safety functions 
today, such as: eliminating fire and safety hazards, patrolling 
buildings, detecting fires, and providing the first line of 
defense in fighting fires; and answering visitor questions, 
assisting citizens, rendering first aid, and directing traffic 
when necessary.
    The FPS mission and training requirements have changed over 
the years. The Civil Service Commission developed standards for 
applicants, which included a written examination, background 
investigations and physical examinations. By 1960, the FPS 
mission became the first line of defense against bomb threats, 
bombings, vandalism, mass demonstrations and violence against 
Federal buildings. More recently, the role of the FPS officer 
has undergone further changes. The FPS has shifted its emphasis 
from the fixed guard post concept of security to a mobile 
police patrol and response. FPS officers perform all duties 
attendant to the normal interpretation of a police officer 
function, including maintaining law and order, and preventing 
or deterring disturbances; in addition to investigating both 
felonies and misdemeanors. FPS officers can make arrests, 
including arrests during the commission of a crime and the 
serving of warrants. They do have authority to detain suspects. 
There are inconsistent jurisdictional issues with local 
authorities entering Federal facilities to serve warrants, and 
make arrests. These involve passage of state statutes to 
provide such authority for concurrent jurisdiction between the 
Federal government and state and local entities.
    The current FPS force is composed of both uniformed and 
non- uniformed officers, including criminal investigators and 
physical security specialists. Training for FPS officers 
includes eight weeks of instruction at the Federal Law 
Enforcement Training Center in Glynco, Georgia, with additional 
periodic in-service and refresher training courses. Physical 
security specialists receive further training to conduct 
security surveys and provide recommendations pertaining to 
federal facilities. FPS currently has a force of approximately 
672 Federal Protective Officers, 232 physical security 
specialists, 58 criminal investigators, as well as 5,000 
contract guards for perimeter and entry security. The line of 
authority within the service is not clearly defined and 
communications between and within the central office and the 
regions is not optimal. Considering the current political 
environment, heightened security is necessary and expected.
    FPS has been a part of the Public Buildings Service (PBS) 
since 1949. Originally known as the Public Buildings 
Administration, PBS is the real property arm of GSA; it 
operates and maintains 1,993 Federal buildings with over 184 
million square feet of office, storage and special space in the 
United States for use by civilian employees of the Federal 
government. PBS also acts as the leasing agent for the Federal 
government, and currently has in place over 6,400 leases with 
over 150 million square feet of space. Approximately one 
million Federal employees work in space controlled by PBS.
    Since 1971, the workforce of both PBS and FPS has steadily 
shrunk. In 1971, total employment of Federal Protective 
Officers (FPO's) exceeded 4,500. By 1995, the FPO force had 
been reduced to less than 500. At the same time, contract guard 
workforce had grown from 700, to over 2,500. The total 
protective force stood at 3,000, while the PBS inventory had 
grown by 70 million square feet of space, from 230 million 
square feet of space in the 1970's to over 300 million in 1995. 
The extent of protective personnel coverage had shrunk 
dramatically.
    By 1995, the year of the Murrah Federal Building bombing in 
Oklahoma City, Oklahoma, guard functions had been reduced, so 
that single contract guard, who also provided protection for 
two other Federal buildings, patrolled this particular 
building. Indeed, the only means of communication from the 
scene at Oklahoma City to any command center was through the 
building manager.
    This tragic incident gave rise to numerous initiatives to 
improve and expand protection. In the wake of the bombing, the 
President directed the Department of Justice to assess the 
vulnerability of Federal office buildings in the United States, 
particularly to acts of terrorism and other forms of violence. 
The United States Marshals Service coordinated the study. GSA 
participated, as did the FBI, DOD, Secret Service, Department 
of State, Social Security Administration, and Administrative 
Office of the U.S. Courts.
    Prior to the study, there had been no government wide 
standards for security at federal buildings and no central 
database of the security in place of such facilities. Given the 
urgency of the task, the report proceeded along two tracks: (1) 
the development of recommended minimum security standards in 
light of changed environment of heightened risk; and (2) the 
surveying of existing security conditions. GSA participated in 
both efforts. The assessment covered approximately 1,330 of GSA 
controlled buildings, that are described as typical single or 
multi-tenant Federal office buildings, which house 
approximately 75% of the one million Federal workers housed in 
GSA controlled space.
    The results of this survey were troubling. Of the 347 
buildings identified as Level IV (a large multi-tenant, multi-
story Federally owned or leased building with 450 employees or 
more), only 15% x-rayed incoming packages and mail, only 46% of 
these level IV buildings had parking controls that met 
recommended standards, only 26% of these buildings had employee 
and visitor identification control systems.
    The report made several recommendations to bring each 
federal facility up to minimum standards recommended for its 
security level. Part of the recommendations centered on 
upgrading the Federal Protective Service. The report noted that 
the FPS has the experience and historical character to provide 
security services for much of the Federal workforce. The report 
noted, however, that FPS has limited resources to determine 
building security requirements to address terrorist threats and 
does not have the resources to respond to these requirements 
even if the requirements are properly articulated.
    The report stated that placement of the FPS within the 
organizational structure of GSA may have limited the ability of 
the FPS to obtain the resources to assure appropriate security 
in large, multi-tenant facilities, even when the security needs 
have been well defined. FPS, according to the report, needs to 
reestablish its role and take the lead in emphasizing the need 
for security.
    The recommendations reemphasized GSA's primary 
responsibility for implementing Federal facility security. To 
that end, there were four recommendations addressing the role 
and responsibilities of the FPS:
    FPS should be responsible for providing security services 
for GSA-controlled federal facilities, through the use of both 
FPO's and contract security guards.
    FPS should improve the standards for contract guards by 
raising the hiring qualifications and providing enhanced 
training.
    FPS should be responsible for the implementation and 
maintenance of the centralized physical database of all Federal 
office buildings. The data collected for this study should be 
helpful in creating a more comprehensive database for Federal 
office buildings.
    Consistent with its added responsibilities, consideration 
should be given to elevating the FPS to a different level 
within GSA. Alternatively, a modified funding mechanism for FPS 
should be established to lessen its competition for real 
property resources.
    These recommendations are relevant to H.R. 809, since the 
major provisions of the bill address them. The last 
recommendation is especially relevant to the action taken by 
the Committee in reporting H.R. 809, since its primary feature 
is the creation of a separate service within GSA for the FPS.
    GSA has responded to the urgent need to improve and 
strengthen FPS. It has undertaken a number of initiatives that 
will add to the number of full-time FPO's, provide them with 
greater responsibilities, and strengthen the police force. GSA 
has also increased the number of contract guards by 100% in the 
wake of Oklahoma City. However, GSA has not undertaken a 
fundamental issue with regard to the FPS; it is still 
subordinate to the real estate oriented management of PBS, and 
as such must rely on resources provided to it within the 
context of real property asset management. So long as FPS 
remains within the Public Buildings Service, that will not 
change.
    Further, five of the Regional FPS Directors, who report to 
Assistant Regional Administrators in the 11 geographic regions, 
do not have law enforcement backgrounds. While the Assistant 
Commissioner for FPS is a 27-year veteran of law enforcement, 
he does not have command and control authority over the 
regional directors, and can only issue policy guidance. In the 
event of a major catastrophe, the Assistant Commissioner would 
be forced to rely on a chain of command that leads to the 
Deputy Administrator of GSA, not to anyone in the Public 
Buildings Service area. The bill requires that the newly 
created Commissioner of Federal Protective Service have at 
least five years law enforcement experience in a command or 
supervisory capacity, and that Regional Directors will be 
required to have at lease five years of direct law enforcement 
experience, including two years in a supervisory position. The 
Commissioner will have line authority over regional directors.
    The bill provides the FPO with a pay adjustment, that makes 
the pay of the FPO on par with the Capitol Hill Police. This 
will amount to an increase of approximately $3,000 per year for 
the FPO. After extensive review of the pay scale of the FPO, 
and hearing of GSA's inability to attract and retain quality 
protective officers, the pay matter became another main feature 
of the legislation. For years, FPS was a training ground for 
qualified persons who wished to pursue a career in Federal law 
enforcement. FPS provided training and experience, only to lose 
FPOs to other Federal law enforcement agencies. Years of 
personnel ceilings forced GSA to freeze hiring, and in some 
cases actually reduce levels of employment in this area through 
attrition. The bill calls for staffing of at least 730 full 
time officers. The current staffing level is 673. Coverage by 
FPO's is limited to 22 core cities nationwide, with the bulk of 
FPOs stationed in Washington, DC. PBS must rely on contract 
guards in every other city with GSA controlled buildings.
    Congressional concern about the personnel levels within the 
ranks of the FPO is not new. For several years, the annual 
appropriations acts carried a provision mandating GSA to 
maintain an FPO force of at least 1,000. That was never 
enforced, and recently dropped. However, GSA did fill the 
security needs with contract guards, which presents numerous 
issues of quality and effectiveness. Inconsistent quality and 
background requirements, as well as a lack of pre-employment 
training hindrances does not give a level of confidence that 
GSA should strive to achieve for the Federal workforce. The 
bill addresses standards of suitability for employment as a 
contract guard that will provide much needed uniformity of 
skills and background of contract guards.

      Discussion of Committee Bill and Section-by-Section Analysis


Section 1. Short title

    Provides that the Act may be cited as the ``Federal 
Protective Service Reform Act of 2000.''

Section 2. Designation of Police Officers

    Changes the designation of Police Officers, wherever the 
term ``special police'' appears, and changes the designation of 
``uniformed guards'' to ``certain employees.''

Section 3. Powers

    Amends the Act of June 1, 1948, to provide police officers 
with additional authority, while on duty. Such duties include 
carrying of firearms, petitioning Federal courts for arrest 
warrants, and executing arrest warrants, arresting an 
individual without warrant if such individual commits a crime 
in the officer's presence or if the officer has probable cause 
that the individual has committed a crime or is committing a 
crime, and conducting investigations, on and off the property 
in question of offenses that have been or may be committed 
against property under the control of GSA, or against persons 
on such property.
    These added powers shall become effective only after the 
Commissioner of Federal Protective Service issues regulations 
implementing the added powers and the Attorney General has 
approved such regulations. This latter provision is common 
among law enforcement agencies of the Federal government, so 
that there is not a proliferation of police powers granted 
without necessary coordination. The section also makes explicit 
that these new powers are only during duty hours, so that there 
is no ambiguity with regard to an FPO's ability to carry a 
firearm while not on duty. The provision does not allow such 
authority.
    The section also authorizes the Administrator to enter into 
agreements with state and local entities to obtain authority to 
extend local police powers to FPOs in areas adjacent to 
property under the custody and control of GSA. Currently, only 
agreements approved by legislatures allow Federal law 
enforcement official to enforce local ordinances. FPOs 
currently do not have arrest authority of individuals 
committing a crime on property not under the control of GSA.

Section 4. Penalties

    Provides for penalties of a Class C misdemeanor, with a 
fine not to exceed $5,000, or not more than 30 days 
imprisonment.

Section 5. Special agents

    The Act of June 1, 1948, creating the positions of special 
policemen, and nonuniformed special policemen, is amended to 
create a new name for these positions as ``special agents''.

Section 6. Establishment of Federal Protective Service

    Authorizes the Administrator of General Services to create 
a Federal protective Service, who shall be headed by a 
Commissioner, appointed by the Administrator, and who shall 
report to the Administrator. The new Commissioner shall have at 
least five years of law enforcement experience in a command or 
supervisory position. Duties of the Commissioner are set forth, 
including assisting the Administrator in carrying out the 
duties of the Act, serving as the law enforcement officer and 
security official with respect to the protection of property 
under the custody and control of the Administrator, render 
necessary assistance to other Federal, state and local law 
enforcement agencies upon request, and coordinate the 
activities with the Commissioner of Public Buildings Service. 
The section clarifies the role of the Secret Service in 
connection with the protection of facilities under its control. 
Further, this section is not intended to change the role of the 
FBI or United States Marshals Service, in connection with the 
protection responsibilities of facilities under their control. 
The section also sets forth requirements for Regional Directors 
and assistant Commissioners. Each shall have at least five 
years of law enforcement experience, including two years of 
supervisory experience. The level of pay for the Commissioner 
is set at level V of the Executive Schedule.

Section 7. Pay and benefits

    The pay and benefits of a Federal Protective Officer shall 
be equivalent to the pay scale and benefits package of members 
of the Capitol Hill Police. The effect of this provision is to 
increase the pay of FPOs by approximately $3,000 per year. This 
will depend on the current grade of an FPO, so this figure is 
not exact for all levels within the FPO hierarchy. Pay shall be 
commensurate with the equivalent titles within the Capitol Hill 
Police. FPOs are classified under the GS system of OPM, while 
the Capitol Hill Police have titles ranging from Private to 
Deputy Chief.

Section 8. Number of Police Officers

    This section sets a minimum level of staffing of FPOs at 
least 730 full time equivalent police officers, and shall not 
be reduced unless by law. Current level is 673 FTEs.

Section 9. Employment standards and training

    This section directs the Commissioner to prescribe minimum 
standards of suitability in contracting for security guards.

Section 10. Authorizations of appropriations

    Authorizes such sums as necessary from the Federal 
Buildings Fund to carry out this Act.

                                Hearings

    On October 2, 1998 the Subcommittee on Public Buildings and 
Economic Development held a hearing on H.R. 4034, the 
predecessor legislation to H.R. 809. Testimony was given by Bob 
Peck, Commissioner of Public Buildings, as well as officials of 
government employee unions, the International Brotherhood of 
Police Officers, and Fraternal Order of Police. Additionally, 
letters of support have been received from numerous local and 
statewide law enforcement associations.

                        Committee Consideration

    On November 9, 1999 the Subcommittee on Economic 
Development, Public Buildings, Hazardous Materials and Pipeline 
Transportation marked up H.R. 809. The Subcommittee adopted an 
amendment in the nature of a substitute. This amendment that 
makes the Federal Protective Service (FPS) a free standing 
service within the General Services Administration (GSA) and 
creates an FPS Commissioner with line authority over Regional 
Directors. This amendment also establishes police and training 
experience standards for the new FPS Commissioner. The bill 
clarifies and broadens jurisdiction for FPS officers for areas 
adjacent to Federal property; requires contract security guards 
to undergo more rigorous background checks; increases FPS 
officers pay; and increases the number of full-time FPS 
officers to 730. This legislation enhances the FPS, and has no 
impact on the facilities secured by the Secret Service, Federal 
Bureau of Investigations and United States Marshals Service.
    On November 9, 1999 the Subcommittee reported H.R. 809, as 
amended, favorably to the Full Committee by unanimous voice 
vote. On March 16, 2000, the Full Committee met in open session 
and reported the bill, as emended by the Subcommittee, by 
unanimous voice vote.

                             Rollcall Votes

    Clause 3(b) of Rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with ordering H.R. 
809, as amended, reported.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee has received noreport of oversight findings and 
recommendations from the Committee on Government Reform and Oversight 
on the subject of H.R. 809, as amended.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
809, as amended, from the Director of the Congressional Budget 
Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 6, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 809, the Federal 
Protective Service Reform Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely,
                                         Robert A. Sunshine
                                    (For Dan L. Crippen, Director.)
    Enclosure.

H.R. 809--Federal Protective Service Reform Act of 2000

    Summary: H.R. 809 would reorganize the Federal Protective 
Service (FPS) as a separate operating service of the General 
Services Administration (GSA). The FPS currently is part of 
GSA's Public Buildings Service (PBS). The bill also would 
require that the FPS increase the total number of its police 
officers to 730, issue guidelines for the contracting of 
security personnel in GSA-controlled buildings, and provide pay 
and benefits to its law enforcement personnel that are equal to 
or greater than those provided by the United States Capitol 
Police to its officers. The bill would authorize the 
appropriation of such sums as are necessary to implement its 
provisions.
    CBO estimates that implementing H.R. 809 would increase the 
FPS's costs by a total of about $10 million over the 2001-2005 
period, assuming appropriation of the necessary amounts. 
Because enacting the bill could affect direct spending and 
receipts, pay-as-you-go procedures would apply; however, CBO 
estimates that any impact on direct spending and receipts would 
not be significant. H.R. 809 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA), and would impose no costs on state, local, 
or tribal governments.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of H.R. 809 is shown in the following table. 
The costs of this legislation fall within budget function 800 
(general government).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2000    2001    2002    2003    2004    2005
----------------------------------------------------------------------------------------------------------------
                                      SPENDING SUBJECT TO APPROPRIATION \1\
FPS Spending Under Current Law:
    Estimated Authorization Level \2\...........................     247     247     247     247     247     247
    Estimated Outlays...........................................     244     245     245     245     245     245
Proposed Changes:
    Estimated Authorization Level...............................       0       2       2       2       2       2
    Estimated Outlays...........................................       0       2       2       2       2       2
FPS Spending Under H.R. 809:
    Estimated Authorization Level...............................     247     249     249     249     249     249
    Estimated Outlays...........................................     244     247     247     247     247     247
----------------------------------------------------------------------------------------------------------------
\1\ By increasing the amount of a criminal fine, the bill also could affect governmental receipts and direct
  spending, but CBO estimates that such amounts would not be significant.
\2\ The 2000 level is the amount appropriated for the FPS for that year. The levels shown for 2001 through 2005
  are CBO baseline projections of spending for FPS without discretionary inflation. Although total spending for
  FPS would be somewhat greater with adjustments for inflation, the incremental cost of the bill would not
  differ significantly.

    Basis of estimate: Subject to the availability of 
appropriated funds, CBO estimates that implementing H.R. 809 
would cost the FPS about $10 million over the 2001-2005 period, 
including costs to provide its employees with more generous 
compensation, hire additional officers, establish it as a 
separate entity with GSA, and issue regulations. In addition, 
the bill could affect both governmental receipts and direct 
spending, but CBO estimates that such amounts would not be 
significant.

Spending subject to appropriation

    For purposes of this estimate, CBO assumes that 
appropriations will be provided near the beginning of each 
fiscal year and will be sufficient to fund the activities 
authorized by the bill.
    Provide Employees with More Generous Compensation. For 
calendar year 2001 only, H.R. 809 would require that FPS 
provide its law enforcement personnel with pay and benefits 
that are equal to or better than the pay and benefits package 
provided to officers ofthe U.S. Capitol Police. Based on 
information from GSA, CBO estimates that implementing the provision 
would increase average compensation costs for each of its roughly 730 
officers by $1,500 to $2,000, for a total increase in costs of about $1 
million in fiscal year 2001. Because we think it is unlikely that the 
FPS would reduce the compensation of its officers in 2002 back to its 
pre-2001 level, we estimate that the provision would also increase FPS 
personnel costs by between $1 million and $1.5 million in each of 
fiscal years 2002 through 2005.
    Establish the FPS as a Separate Operating Service. H.R. 809 
would remove the FPS from the PBS and establish it as a 
separate operating service of GSA. As a result, the FPS would 
need to hire about 10 additional employees to provide support 
services, such as personnel and budgeting, that currently are 
provided centrally by the PBS. CBO estimates that the new 
support services would cost the FPS about $500,000 annually 
over the 2001-2005 period.
    Hire Additional Officers. H.R. 809 would require that the 
FPS increase the number of its full-time officers to at least 
730 within one year of its enactment. According to GSA, the 
FPS, which currently has about 650 officers, is in the process 
of increasing that number to about 730, in part by converting 
current security specialists into police officers. As a result, 
CBO estimates that implementing this provision would have no 
significant cost for the FPS.
    Issue Regulations. Finally, the bill would require the new 
FPS Commissioner to write regulations and issue separate 
guidelines for the contracting of security personnel in GSA-
controlled buildings. CBO estimates that issuing the 
regulations and standards would cost the FPS less than $500,000 
in fiscal year 2001.

Direct spending and receipts

    Section 4 would increase the criminal fine for violations 
of certain regulations on GSA-controlled property; 
consequently, the federal government might collect additional 
fines if the bill is enacted. Collections of such fines are 
recorded in the budget as governmental receipts (revenues), 
which are deposited in the Crime Victims Fund and spent in 
subsequent years. CBO expects that any additional receipts and 
direct spending resulting from this provision would be less 
than $500,000 each year.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act specifies pay-as-you-go 
procedures for legislation affecting direct spending and 
receipts. These procedures would apply to H.R. 809 because it 
could affect direct spending and receipts, but CBO estimates 
that the annual amount of such changes would not be 
significant.
    Intergovernmental and private sector impact: H.R. 809 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal costs: John R. Righter; State 
and local impact: Susan Sieg Tompkins; and private-sector 
impact: John Harris.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4.)

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1.)

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                          ACT OF JUNE 1, 1948


AN ACT To authorize the Federal Works Administrator or officials of the 
    Federal Works Agency duly authorized by him to appoint special 
policemen for duty upon Federal property under the jurisdiction of the 
             Federal Works Agency, and for other purposes.

[SECTION 1. SPECIAL POLICE.]

SECTION 1. POLICE OFFICERS.

    (a) Appointment.--The Administrator of General Services, or 
officials of the General Services Administration duly 
authorized by the Administrator, may appoint [uniformed guards] 
certain employees of such Administration as [special policemen 
without additional compensation] police officers for duty in 
connection with the policing of all buildings and areas owned 
or occupied by the United States and under the charge and 
control of the Administrator.
    (b) Powers.--[Special policemen]
          (1) In general._Police officers appointed under this 
        section shall have the same powers as sheriffs and 
        constables upon property referred to in subsection (a) 
        to enforce the laws enacted for the protection of 
        persons and property, and to prevent breaches of the 
        peace, to suppress affrays or unlawful assemblies, and 
        to enforce any rules and regulations promulgated by the 
        Administrator of General Services or such duly 
        authorized officials of the General Services 
        Administration for the property under their 
        jurisdiction; except that the jurisdiction and policing 
        powers of such special policemen shall not extend to 
        the service of civil process.
          (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.

           *       *       *       *       *       *       *

    Sec. 3. Upon the application of the head of any department 
or agency of the United States having property of the United 
States under its administration and control, the Administrator 
of General Services or officials of the General Services 
Administration duly authorized by him are authorized to detail 
any such [special policemen] police officers for the protection 
of such property and if he deems it desirable, to extend to 
such property the applicability of any such regulations and to 
enforce the same as herein set forth; and the Administrator of 
General Services or official of the General Services 
Administration duly authorized by him, whenever it is deemed 
economical and in the public interest, may utilize the 
facilities and services of existing Federal law-enforcement 
agencies, and, with the consent of any State or local agency, 
the facilities and services of such State or local law-
enforcement agencies.
    Sec. 4. [(a) Except as provided in subsection (b), whoever 
violates any rule or regulation promulgated pursuant to section 
2 of this Act shall be fined not more than $50 or imprisoned 
not more than thirty days, or both.] (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. Officials or employees of the General Services 
Administration who have been duly authorized to perform 
investigative functions may be empowered by the Administrator 
of General Services, or officials of General Services 
Administration duly authorized by him, to act as [nonuniformed 
special policemen] special agents in order to protect property 
under the charge and control of the General Services 
Administration and to carry firearms, whether on Federal 
property or in travel status. Such officials or employees who 
are empowered to act as [nonuniformed special policemen] 
special agents shall have, while on real property under the 
charge and control of the General Services Administration, the 
power to enforce Federal laws for the protection of persons and 
property and the power to enforce rules and regulations made 
and published for such purposes by the Administrator or duly 
authorized officials ofthe General Services Administration. Any 
such [special policeman] special agent may make arrests without warrant 
for any offense committed upon such property if he has reasonable 
ground to believe (1) the offense constitutes a felony under the laws 
of the United States, and (2) that the person to be arrested is guilty 
of that offense. 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 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.

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.

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 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.

  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.
                              ----------                              


              SECTION 5316 OF TITLE 5, UNITED STATES CODE

Sec. 5316. Positions at level V

  Level V of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Administrator, Bonneville Power Administration, 
        Department of the Interior.

           *       *       *       *       *       *       *

          Commissioner, Public Buildings Service, General 
        Services Administration.
          Commissioner, Federal Protective Service, General 
        Services Administration.

           *       *       *       *       *       *       *


                        Committee Correspondence

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                     Washington, DC, June 13, 2000.
Hon. Dan Burton,
Chairman, Committee on Government Reform, Rayburn House Office 
        Building, 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.
                                ------                                

                          House of Representatives,
                            Committee on Government Reform,
                                     Washington, DC, June 13, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Rayburn House Office Building, 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.

                                  
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