My name is Steven Bellew, and I am a Federal Protective Service Police Officer from Dallas, Texas, and Vice Chairman of the Fraternal Order of Police-FPS Labor Committee. I am here today at the request of Gilbert G. Gallegos, National President of the Grand Lodge Fraternal Order of Police -- the nation's largest organization of law enforcement professionals -- to testify about the importance of enacting into law H.R. 809, the "Federal Protective Service Reform Act."
As you know, there is a pressing need to enhance Federal building security. This is an issue of the utmost importance to members of this committee, FPS of ricers, Federal employees, and the millions of Americans who visit Federal buildings every day. In the wake of the Oklahoma City bombing and the deaths of 168 innocent people in 1995, many in the Congress and the Federal Protective Service sought ways to ensure that such a senseless loss of life would never happen again. This cowardly attack served as a startling reminder that the United States is not immune to acts of terrorism, and underscored the need for increased protection at America's Federal buildings provided by a highly skilled and qualified organization of law enforcement professionals. We believe this need is answered by the "Federal Protective Service Reform Act."
In the five years since the bombing of the Alfred P. Murrah Federal Building, much has been done to enhance Federal building security and public safety. However, the General Services Administration and the Public Building Service have proven themselves unwilling or unable to implement those reforms which are most necessary to address several current problems within the Federal Protective Service. First and
foremost, is the internal dismantling and weakening of the FPS, and the duties they are asked to perform on a daily basis. Over the last several years, The Public Building Service has moved FPS away from its traditional focus on patrol and response activities to placing a greater reliance on State and local law enforcement to act as first responders to critical incidents in major U.S. cities. One example of this, Mr. Chairman, is the current situation in New York City. In 1994, GSA hired approximately 35 "term" police officers to supplement the existing force and provide enhanced security during the World Trade Center bombing Dials. These are fully sworn and trained law enforcement officers who have completed the 10 week police training course at the Federal Law Enforcement Training Center (FLETC) in Glynco, Georgia. They are currently responsible for providing law enforcement services at the Federal Civic Center; consisting of 26 Federal Plaza, 290 Broadway, 40 Foley Square, the U.S. Court of International Trade, 1 St. Andrews Plaza, the U.S. District Court, 500 Pearl Street, the Bureau of Prisons facility at the Manhattan Correctional Center, and Federal facilities in Newark, New Jersey.
Last year, the General Services Administration planned to reduce the level of FPS officers in that region at the end of Fiscal Year 1999, effective October 1. This prompted a letter from Attorney General Janet Reno to Mr. David Barram requesting that GSA continue to provide the same level of protective services in the region in Fiscal Year 2000, at the previously authorized level. It is now one year later, and GSA is again attempting to cut the Federal Protective Service force in the region by roughly 50 percent While it is true that the World Trade Center bombing trials have concluded, there is a potentially greater threat posed by the commencement of the African Embassy bombing trials of individuals associated with the terrorist network of Osama bin Laden. This shortsighted move has again raised questions, including those from U.S. Representative Carolyn Maloney, whose constituents face the greatest danger from weakened security at Federal facilities in New York City.
The second pressing problem is the lack of law enforcement experience in front line management. Under the current structure, Federal Protective Service officers in the various regions are overseen by the regional administrators of the Public Building Service. In addition, at least five of the Regional FPS Directors, who report to Assistant Regional Administrators in the eleven regions, do not have law enforcement backgrounds. The Assistant Commissioner of FPS, Mr. Clarence Edwards, exercises no direct control and has been relegated largely to an advisory and policy making role, despite having over twenty years of command level law enforcement experience. Thus the effectiveness of the FPS as a law enforcement agency is severely crippled by the fact that the Commissioner does not have direct command and control authority over his officers across the nation, nor over such vital issues as funding and personnel.
This view has also been expressed by other Federal law enforcement agencies. In the Vulnerability Assessment of Federal Facilities, conducted primarily by the Department of Justice and the U.S. Marshals Service after the Oklahoma City bombing in 1995, several recommendations were made to upgrade the capabilities of FPS. Specifically, the Report noted that "the placement of FPS within the organizational structure of GSA [under the Public Building Service] may have limited the ability of FPS to obtain the resources to assure appropriate security in large, multi-tenant facilities, even when the security needs have been well-defined." The Report went on to recommend that FPS, and not the Public Buildings Service, should be responsible for providing security services for GSA-controlled facilities, improving the standards for contract guards, and be responsible for the implementation and maintenance of a centralized physical security data base of all federal of flee buildings. Finally, the heavy reliance of the General Services Administration on the use of contract security guards to provide the bulk of protective services in America's Federal buildings presents serious security concerns. As a whole, private contract security guards do not receive the same level or quality of training as do FPS police of ricers, who are required to attend the ten week police training course at FLETC in Glynco, Georgia, followed by various in-service training programs. While the use of contract guards by GSA has been steadily increasing over the years, the number of full-time police officers has declined. This decline was appropriately noted in the House Transportation and Infrastructure Committee report on H.R. 809 (H. Rpt. 106-676, pg. 5):
"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, [the] 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." The committee also noted that by 1995, guard functions in Oklahoma City had been so reduced, that a single contract guard, who also provided protection for two other Federal buildings, was responsible for patrolling the Murrah Building.
How does this legislation address the problems which have been outlined above? The primary goal of H.R. 809 is simple: to reestablish the Federal Protective Service as an elite Federal law enforcement agency with a well-trained, professionally led, and highly motivated cadre of officers. This legislation correctly addresses the current
problems within FPS; namely the status of the agency within the General Services Administration, the need for additional fully sworn and qualified police officers, unclear lines of authority and jurisdiction, and non-competitive salary and benefits for its of ricers.
H.R. 809 will enhance the safety of America's Federal buildings in a number of important ways. First, the legislation provides for the separation of FPS from the Public Building Service -- the Federal government's real estate management agency -- and elevates the agency within GSA. By placing the Federal Protective Service outside of the Public Buildings Service, the legislation will ensure that law enforcement is given the same level of consideration as property management, and not as a secondary concern of PBS. There are several benefits to this approach, many of which were outlined in a 1996 GSA-requested Arthur Andersen study, entitled Federal Operations Review Model (FORM. Federal Protective Service. Conducted by a review team which included several GSA employees, the study concluded that of the recommendations for FPS contained in the 1995 Vulnerability Assessment, "elevation is most advantageous to the government as it will provide for costs savings as well as enable FPS to be self- financing." Having recommended that FPS be elevated to a Service Line organization reporting directly to the Administrator of GSA, the study further concluded that this would recognize the priority of security in the Federal environment, ensure a direct funding mechanism for Federal security, provide savings on overhead costs, and streamline the management and reporting structure.
The Fraternal Order of Police continues to believe that separation and elevation of the Federal Protective Service is the only sure way of improving the effectiveness and capabilities of the agency. Not only would this move establish direct command and with a definitive explanation for the agency's refusal to implement this provision, the
OIG concluded that:
-- GSA management did not support the requirement for a larger uniformed protective unit, evidenced by the fact that whenever funding and FTE positions became available, these additional resources were directed into an alternative protection program even after P.L. 100-440 was enacted;
-- While agency management did not seek to increase its uniformed police force, GSA made no effort to inform or attempt to work with Congress to get the law changed until 1995;
-- Despite the fact that Senate Report 100-387 (June 17, 1988) directed GSA to fund the hiring of additional Federal Protective Of ricers (FPO) using funds appropriated for real property operations, GSA used available funds to hire Physical Security Specialists and increase contract guard services;
-- In Fiscal Year 1990, the evidence indicated that the agency's internal budget directives did not provide for an increase in regional FPO positions. Not only were the FPO ranks not increased, but GSA also permitted the number of officers to decline significantly; and
-- "The fact that responsible agency managers knew of the law and neither took action to comply with it nor reported non-compliance during past years' Federal Managers' Financial Integrity Act (FMFIA) processes was in itself a breach of the FMFIA and a reportable condition. Moreover, the fact that such a large circle of management was aware of the non-compliance issue and did little to address it calls into question the general state of the management environment which permitted this to happen."
In addition to establishing FPS as a premiere Federal law enforcement agency and ensuring an increased number of officers to complete the agency's important mission, H.R. 809 has several other provisions vital to the future of the Service. It will clarify and enhance the authority of FPS of ricers, to include the carrying of firearms, petitioning Federal courts for arrest warrants, and executing those warrants; and it will require that the Commissioner of FPS establish minimum standards and training requirements in contracting for security guards.
In the end Mr. Chairman, this is not a pay raise bill and I do not know of any direct benefits which will accrue to FPS officers by its passage. H.R. 809 is an officer safety issue, supported by law enforcement professionals who take a great deal of pride in the work they do and the agency they work for. We want a strong Federal Protective Service. While we would agree that how you incorporate facility protection and public safety into the design of Federal buildings is a joint real estate - law enforcement function; the actual delivery of the law enforcement service is an inherently governmental function which requires direct oversight from law enforcement professionals. Those of us who put our lives on the line every day to ensure the safety and protection of Federal employees and facilities believe that H.R. 809 is an important step toward improving the capabilities of the Federal Protective Service to meet the security challenges of the 21st Century. Passage of this legislation is a top priority of the Fraternal Order of Police, and we hope to work with members of this Subcommittee to ensure its enactment before the end of the 106th Congress.
Thank you again, Mr. Chairman, for allowing me the opportunity to address you this morning. I would be happy to answer any questions which you may have.