House Report 106-676 - FEDERAL PROTECTIVE SERVICE REFORM ACT OF 2000

[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.