HR 2898 IH

107th CONGRESS

1st Session

H. R. 2898

To amend the Acts of June 1, 1948, and July 5, 1994, to provide for reform of the Federal Protective Service, to enhance the safety and security of Federal, State, and local employees, members of the public at airports with any facilities under the control of the General Services Administration, or airports under the control of the Federal Aviation Administration, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 14, 2001

Mr. TRAFICANT introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To amend the Acts of June 1, 1948, and July 5, 1994, to provide for reform of the Federal Protective Service, to enhance the safety and security of Federal, State, and local employees, members of the public at airports with any facilities under the control of the General Services Administration, or airports under the control of the Federal Aviation Administration, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I--FEDERAL AIRPORTS SECURITY ENHANCEMENT ACT

SEC. 101. SHORT TITLE.

This title may be cited as the `Federal Airports Security Enhancement Act'.

SEC. 102. ESTABLISHMENT OF AIRPORT SECURITY COMMITTEES.

The Act of July 5, 1994 (49 U.S.C. 44935), is amended--

(1) by striking section 44901 subparagraph (b) and inserting the following:

`SEC. 103. EMPLOYMENT STANDARDS AND TRAINING.'.

(2) by striking section 44935 subparagraph (b) and inserting the following:

`(a) REVIEW AND RECOMMENDATIONS- The Administrator of the Federal Aviation Administration shall establish Security Committees at each airport location to be composed of representatives of the air carriers, airport operators, other interested parties and at least one representative from the Federal Protective Service, the Federal Bureau of Investigation, The Federal Aviation Administration and one member from each local jurisdiction that the airport may be located in or that may have jurisdictional authority for the airport facility. Each Airport Security Committee shall meet at least quarterly and shall make recommendations for minimum security countermeasures to the Administrator. The Federal Protective Service shall have primary responsibility for conducting on an ongoing basis security surveys and formulating recommendations to the Security Committee. The Administrator shall prescribe appropriate changes in existing procedures to improve that performance.'.

SEC. 103. SCREENING PASSENGERS AND PROPERTY.

The Act of July 5, 1994 (49 U.S.C. 44935), is amended by striking section 44901, subparagraph (a), and inserting the following:

`(a) GENERAL REQUIREMENTS- The Administrator of the Federal Aviation Administration shall prescribe regulations requiring screening of all passengers and property that will be carried in a cabin of an aircraft in air transportation or intrastate air transportation. The screening must take place before boarding and be carried out by a weapon detecting facility or procedure used or operated by an employee or agent of the Federal Protective Service. The Administrator--

`(1) shall require that sufficient Federal Police Officers are posted at airport facilities to provide patrol duties during all hours of operations as well as supervise screening personnel;

`(2) shall maintain sufficient numbers of Special Agents to provide necessary investigative and supervisory capability; and

`(3) shall obtain all necessary personnel and authorization from the Administrator of the General Services Administration.'.

SEC. 104. 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:

`SEC. 2. 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. 105. 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 or Special Agent appointed under this section is authorized--

`(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) 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:

`(A) The Administrator will in coordination with the Administrator of the Federal Aviation Administration confer the powers granted to such officers under this section in areas under the charge and control of the Administrator of the Federal Aviation Administration.'; and

(2) by moving the left margin of paragraph (1) (as designated by section 202(4) of this Act) so as to appropriately align with paragraphs (2), (3), and (4) (as added by paragraph (1) of this subsection).

SEC. 105. 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 policemen' 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. 106. 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 Service 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 paragraphs (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. 107. PAY AND BENEFITS.

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.

`(a) SURVEY- The Director of the Office of Personnel Management shall conduct a survey of the pay and benefits of all Federal police forces to determine whether there are disparities between the pay and benefit of such forces that are not commensurate with differences in duties of working conditions.

`(b) PAY SCHEDULE- The Director of the Office of Personnel Management shall in connection with the survey conducted in subsection (a) produce a pay and benefit schedule for employees of the Federal Protective Service to be contained in the findings and recommendations.

`(c) REPORT- Not later than 6 months after the date of the enactment of this section, the Director shall transmit to Congress a report containing the results of the survey conducted under subsection (a), together with the Director's findings and recommendations.'.

SEC. 108. 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 1,000 full-time equivalent police officers in the Federal Protective Service to be assigned to areas outside of airport operations. This number shall not be reduced unless specifically authorized by law. The Administrator of the General Services Administration and the Administrator of the Federal Aviation Administration shall jointly determine full time equivalent number of Police Officers and Special Agents assigned to airport security and law enforcement.'.

SEC. 109. 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.

`(a) IN GENERAL- 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:

`(1) CONTRACT COST- The Commissioner of the Federal Protective Service shall conduct a cost analysis on each security personnel supply contract to determine if the use of personnel directly employed by the United States would be more cost effective for use in buildings and areas that are owned or occupied by the United States and under the control and charge of the Administrator of General Services. The Commissioner of the Federal Protective Service may not use the prescribed cost analysis for purposes of reducing the number of Police Officers with the Federal Protective Service'.

SEC. 110. AUTHORIZATION OF COST RECOVERY.

The Administrator of the General Services Administration is authorized to recover all direct and indirect costs associated with airport security operations under this Act from the Federal Aviation Administration:

(a) OPERATIONS COST RECOVERY- The Administrator of the Federal Aviation Administration is authorized to recover costs associated with enhanced security operations from the airport authorities and air carriers where such entities are currently providing services that would be replaced by the requirements in this act in such matter as may be determined by the Administrator.

(b) The Administrator of the Federal Aviation Administration may recover all direct costs of enhancements required by this act where such personnel or services do not currently exist and no appropriation is available from airport authorities and air carriers in such manner as the Administrator may determine.

SEC. 111. 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. 11. 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)) and from the Federal Aviation Administration such sums as may be necessary to carry out this Act.'.