Requires the screening of passengers and property that will be carried in a cabin of an aircraft to be carried out by Federal Protective Service employees or agents. (Currently, screening is carried out by employees or agents of an air carrier, interstate air carrier, or foreign air carrier).
Authorizes the Administrator of the General Services Administration (GSA) to appoint police officers and special agents (currently, special policemen and nonuniformed special policemen) for the policing of all Federal buildings (including buildings under the control of the GSA). Sets forth certain additional powers of such officers and agents, including the authority to carry firearms and to police areas adjacent to Federal property.
Establishes the Federal Protective Service as a separate operating service of the GSA. Calls for at least 1,000 full-time equivalent Service police officers to be assigned to areas outside of airport operations. Requires the Commissioner of the Service to prescribe minimum employment and training standards to be applied in the contracting of security personnel for the policing of buildings and areas controlled by the United States and GSA. Authorizes GSA to recover airport security costs from the FAA.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2898 Introduced in House (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
_______________________________________________________________________
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.''.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on the Civil Service and Agency Organization.
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