HR 809

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AN ACT

To amend the Act of June 1, 1948, to provide for reform of the Federal Protective Service.

106th CONGRESS 2d Session H. R. 809

AN ACT

To amend the Act of June 1, 1948, to provide for reform of the Federal Protective Service.

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 the enactment of this section, there shall be at least 730 full-time equivalent police officers in the Federal Protective Service. This number shall not be reduced unless specifically authorized by law.”.

SEC. 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.”.

Passed the House of Representatives June 27, 2000.

Attest:

Clerk.