[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5053 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5053

   To amend the Homeland Security Act of 2002 to enhance the Federal 
   Protective Service's ability to provide adequate security for the 
 prevention of terrorist activities and for the promotion of homeland 
                   security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2010

 Mr. Dent (for himself, Mr. King of New York, Mr. McCaul, Mr. Austria, 
and Mr. Olson) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To amend the Homeland Security Act of 2002 to enhance the Federal 
   Protective Service's ability to provide adequate security for the 
 prevention of terrorist activities and for the promotion of homeland 
                   security, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Protective Service Reform 
and Enhancement Act of 2010''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL PROTECTIVE SERVICE.

    (a) In General.--There is authorized to be appropriated to the 
Director of the Federal Protective Service $246,000,000 for fiscal year 
2011 to carry out Federal Protective Service counterterrorism 
functions, including--
            (1) law enforcement on federally controlled property;
            (2) incident investigations;
            (3) suspect capture and detention;
            (4) 24-hour security alarm monitoring;
            (5) nationwide dispatch services;
            (6) facility security assessments; and
            (7) terrorism prevention.
    (b) Sufficient Funding to Effectively Double the Size of the 
Federal Protective Service Inspector Force.--In addition to amounts 
authorized under subsection (a), the Federal Protective Service is 
authorized 1,200 full-time equivalent positions in the Federal 
Protective Service inspector force that monitor performance of security 
personal services procured by contract.

SEC. 3. FEDERAL PROTECTIVE SERVICE AUTHORITY TO CARRY OUT BASIC 
              SECURITY FUNCTIONS.

    (a) In General.--Section 1315(a) of title 40, United States Code, 
is amended by--
            (1) striking ``(a) In General.--'' and inserting the 
        following:
    ``(a) In General.--
            ``(1) Protection of federal property.--''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Authority over gsa properties.--The Secretary, acting 
        through the Federal Protective Service, shall have the lead 
        authority in the executive branch to carry out counterterrorism 
        functions on Federal property managed by the General Services 
        Administration (including property leased by the General 
        Services Administration), including--
                    ``(A) law enforcement on federally controlled 
                property;
                    ``(B) incident investigations;
                    ``(C) suspect capture and detention;
                    ``(D) 24-hour security alarm monitoring;
                    ``(E) nationwide dispatch services;
                    ``(F) facility security assessments; and
                    ``(G) terrorism prevention.
            ``(3) Agreements with other law enforcement authorities.--
        Nothing in this subsection shall preempt the Federal Protective 
        Service from entering into agreements with other Federal, 
        State, or local law enforcement authorities to provide security 
        or respond to incidents on property that is under the 
        jurisdiction and control of the Administrator of General 
        Services.''.
    (b) Conforming Amendments.--
            (1) Section 1315(g) of title 40, United States Code, is 
        amended by striking ``Nothing'' and inserting ``Subject to 
        subsection (a)(2), nothing''.
            (2) Section 1706(b)(2) of the Homeland Security Act of 2002 
        (40 U.S.C. 1315 note) is amended by striking ``The Secretary'' 
        and inserting ``Subject to subsection (a)(2), the Secretary''.

SEC. 4. STRATEGIC PLAN REQUIREMENT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall submit 
to Congress a 5-year budget outlook and strategic plan for the Federal 
Protective Service that includes the following:
            (1) Estimates of staffing and associated costs the Federal 
        Protective Service requires in order to provide basic security 
        functions.
            (2) Estimates of staffing and associated costs the Federal 
        Protective Service requires in order to assess the need for 
        and, as appropriate, provide building specific security 
        countermeasures.
            (3) Estimates of staffing and associated cost the Federal 
        Protective Service requires for reimbursable agency-specific 
        security work authorization functions.
            (4) Reviews of the performance of contractor-provided 
        security guards that assesses both quality and cost of 
        individual private contract guard companies performing Federal 
        Protective Service guard functions under contract.
    (b) Updates.--The Secretary shall include an annual update of such 
plan with the President's annual budget submission to the Congress.

SEC. 5. FACILITY SECURITY RISK ASSESSMENTS.

    (a) In General.--The Secretary of Homeland Security, acting through 
the Director of Federal Protective Service, shall--
            (1) conduct facility security assessments in consultation 
        with the facility security committee established for a 
        facility;
            (2) prepare a report on each assessment, including 
        recommendations of countermeasures against a terrorist attack 
        to ensure the security of the facility concerned; and
            (3) give the facility security committee established for 
        such a facility a 60-day period to review and comment on each 
        report.
    (b) Selection of Recommendations for Implementation.--
            (1) Selection by gsa.--Upon the completion of the period 
        for review and comment under subsection (a)(3)--
                    (A) the Director shall submit the assessment report 
                to the Administrator of General Services; and
                    (B) the Administrator may select for implementation 
                any of the recommendations of countermeasures in the 
                report for implementation.
            (2) Notification of nonselection.--If the Administrator 
        determines that any of the recommendations of countermeasures 
        in a report submitted under paragraph (1) should not be 
        implemented for a facility, the Administrator shall notify the 
        head of each Federal agency in the facility and the facility 
        security committee for the facility that the recommendation 
        will not be implemented, including the reasons why.
            (3) Selection by facility security committee.--If a 
        facility security committee receives notice under paragraph (2) 
        regarding any recommendations, it may select any of the 
        recommendations for implementation.
    (c) Reimbursement.--If any of the recommendations in a report 
submitted under subsection (a) is selected by the Administrator or a 
facility security committee under subsection (c) for implementation--
            (1) the Director shall implement the recommendation;
            (2) the Administrator shall allocate to the Federal 
        agencies in that facility the costs incurred by the Federal 
        Protective Service for such implementation; and
            (3) each such agency shall reimburse the Federal Protective 
        Service for the costs allocated to the agency by the 
        Administrator.
    (d) Annual Report.--The Director shall submit an annual report to 
Congress on the disposition of recommendations included in reports 
under this section that the Administrator did not select for 
implementation.
    (e) Facility Security Committee Defined.--In this section the term 
``facility security committee'' means a facilities facility security 
committee established pursuant to the report entitled ``Vulnerability 
Assessment of Federal Facilities'', issued by the Interagency Security 
Committee established by Executive Order 12977.

SEC. 6. CONTRACT GUARD STAFF.

    (a) Minimum Standards for Training and Annual Recertification.--The 
Secretary of Homeland Security shall develop minimum standards for 
training and annual recertification for the Federal Protective 
Service's contract guards including--
            (1) minimum fitness standards;
            (2) annual recertification on access control policies and 
        control equipment, including x-ray and magnetometer training;
            (3) training in arrest and control procedures;
            (4) training in operation of emergency equipment;
            (5) basic first aid and CPR training and certification;
            (6) weapons training, as applicable; and
            (7) behavior detection training.
    (b) Pilot Program.--
            (1) In general.--Within 1 year after the date of enactment 
        of this Act, the Director shall establish a 3-year pilot 
        program in not less than 3 level IV facilities to test and 
        evaluate--
                    (A) to what extent efficiencies exist in having a 
                federalized guard staff; and
                    (B) to what extent such a federalized guard staff 
                provides a measurable improvement in facility or 
                personnel security.
            (2) Report.--Not later than 120 days before the 
        commencement of the program, the Director shall report to 
        Congress regarding what performance metrics will be considered 
        in measuring improvement in efficiencies and security provided 
        by such a federalized guard staff.
            (3) Monitoring by gao.--The Comptroller General of the 
        United States--
                    (A) shall monitor and review the conduct of the 
                pilot program; and
                    (B) shall submit to Congress and the Secretary of 
                Homeland Security an interim report 6 months after the 
                commencement of the pilot program, and a final report 
                within 120 days after the conclusion of the pilot 
                program, that each addresses whether--
                            (i) the Secretary has established 
                        sufficient mechanisms to determine whether the 
                        pilot program provides efficiencies in 
                        protecting Federal facilities;
                            (ii) the pilot program consists of an 
                        adequate sample of level IV facilities; and
                            (iii) there are cost savings and security 
                        enhancements realized by having a federalized 
                        guard force.

SEC. 7. SITE INSPECTIONS.

    (a) Right of Entry.--For purposes of carrying out this Act, the 
Secretary of Homeland Security shall have, on presentation of 
credentials, a right of entry to, on, or through any property for which 
security is provided by the Federal Protective Service.
    (b) Inspections and Verifications.--
            (1) In general.--The Secretary shall, at such time and 
        place as the Secretary determines to be reasonable and 
        appropriate, conduct security inspections and verifications for 
        property for which security is provided by the Federal 
        Protective Service.
            (2) Unannounced inspections.--In addition to any inspection 
        conducted pursuant to paragraph (1), the Secretary shall 
        require such properties to undergo unannounced security 
        inspections. The inspections required under this paragraph 
        shall be--
                    (A) conducted without prior notice to the facility;
                    (B) designed to evaluate undergoing inspection--
                            (i) the ability of the Federal Protective 
                        Service security and contract guards to prevent 
                        an incident that applicable security 
                        performance standards are intended to prevent;
                            (ii) the ability of the Federal Protective 
                        Service security and contract guards to protect 
                        against terrorist threats that are required to 
                        be addressed by applicable performance 
                        standards; and
                            (iii) any weaknesses in the security plan 
                        of the facility;
                    (C) conducted so as not to affect the actual 
                security, physical integrity, or safety of the property 
                or its employees while the inspection is conducted; and
                    (D) conducted at least--
                            (i) every year in the case of a level IV 
                        facility;
                            (ii) every 2 years in the case of a level 
                        III facility;
                            (iii) every 3 years in the case of a level 
                        II facility; and
                            (iv) every four years in the case of a 
                        level I facility.
    (c) Report.--The Secretary shall report annually with the 
President's budget submission to Congress on covert testing strategy 
and results of unannounced inspections under this section.

SEC. 8. PROMOTION OF FEDERAL PROTECTIVE SERVICE TECHNOLOGY AND 
              TRAINING.

    (a) In General.--Within 6 months of the date of enactment of this 
Act, the Director of the Federal Protective Service, in consultation 
with the Assistant Secretary, Transportation Security Administration, 
shall publish--
            (1) a list of qualified vendors and a list of qualified 
        products that would promote common standards of deployment of 
        personnel and technology;
            (2) standards for training personnel, among all Federal 
        Protective Service protected properties; and
            (3) best practices for utilizing items on the qualified 
        products list so they are utilized in the most effective 
        manner, including a process to best utilize existing products 
        currently deployed.
    (b) Requirement To Use Lists.--
            (1) In general.--Following the publication of the qualified 
        vendors list and the qualified products list under subsection 
        (a), the Federal Protective Service may not enter into any 
        contractual arrangement for services or products covered by 
        such lists--
                    (A) with any person that is not included on the 
                qualified vendors list;
                    (B) for procurement of any product that is not 
                included on the qualified products list; or
                    (C) under which a subcontract may be awarded to a 
                person that is not included on the qualified vendors 
                list.
            (2) Limitation on application.--
                    (A) In general.--Paragraph (1) shall not apply to 
                any contract the Director of the Federal Protective 
                Service determines to be necessary to carry out the 
                security missions of the Federal Protective Service.
                    (B) Notification to congress.--The Director shall 
                notify the Committee on Homeland Security of the House 
                of Representatives and the Committee on Homeland 
                Security and Governmental Affairs of the Senate in 
                writing within 30 days after entering any contract 
                under this paragraph, setting forth the determination 
                under subparagraph (A) and the basis for that 
                determination.
    (c) Cooperative Agreement.--Within 6 months after the date of 
enactment of this Act, the Secretary of Homeland Security shall require 
the Assistant Secretary, Transportation Security Administration, the 
Under Secretary for Science and Technology, and the Under Secretary for 
National Protection and Programs to enter into a memorandum of 
understanding, or similar cooperative agreement, pursuant to which the 
Transportation Security Laboratory will provide the Federal Protective 
Service with expertise, consultation, exchange of information, and 
testing for technology covered by the qualified vendors list and the 
qualified products list required by this section.

SEC. 9. PROHIBITED ITEMS LIST.

    (a) In General.--Not later than the end of the 180-day period 
beginning on the date of enactment of this Act, the Secretary of 
Homeland Security, acting through the Under Secretary of the National 
Programs and Protection Directorate and in consultation with 
Administrator of General Services, shall issue and implement a list of 
items, including component parts, that are prohibited from being 
brought into facilities protected by Federal Protective Service, unless 
specifically authorized on a case-by-case basis by the Secretary or the 
Secretary's designee.
    (b) Additional Items.--Nothing in this section prohibits a facility 
security committee from prohibiting items that are not included on such 
list from being brought into the facility of that committee.
    (c) Failure To Issue List.--If the Secretary of Homeland Security 
fails to implement a prohibited items list in accordance with 
subsection (a), then the prohibited items list established by the 
Transportation Security Administration for civilian aviation shall 
apply for facilities protected by Federal Protective Service--
            (1) effective upon expiration of the period referred to in 
        subsection (a); and
            (2) until such time as the Secretary, acting through the 
        Under Secretary of the National Programs and Protection 
        Directorate, issues a prohibited items list described in 
        subsection (a).
    (d) Facility Security Committee Defined.--In this section the term 
``facility security committee'' means a facility security committee 
established pursuant to the report entitled ``Vulnerability Assessment 
of Federal Facilities'', issued by the Interagency Security Committee 
established by Executive Order 12977.

SEC. 10. REPORT REQUIREMENT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall submit to Congress the 
following:
            (1) A strategy for more effectively managing the contract 
        guard program of the Federal Protective Service that ensures 
        there is adequate oversight and monitoring of training for such 
        program.
            (2) A status report on the implementation of the RAMP 
        program, including an estimated date by which it will be fully 
        operational.
            (3) Estimates of the additional manpower, resources, and 
        funding the Federal Protective Service would need in order to 
        provide security for high-profile terror trials in multiple or 
        varying locations.
            (4) A status report on the implementation of the CADIS 
        program, including an estimated date by which it will be fully 
        operational.
            (5) A coordinated strategy for cooperation between the 
        Under Secretary of National Programs and Protection and the 
        Under Secretary for Science and Technology regarding research, 
        development, and deployment of security technology conducted by 
        the Transportation Security Laboratory.
    (b) Definitions.--In this section:
            (1) CADIS program.--The term ``CADIS program'' means the 
        Computer Aided Dispatch Information System of the Federal 
        Protective Service.
            (2) RAMP program.--The term ``RAMP program'' means the Risk 
        Assessment and Management Program of the Federal Protective 
        Service.
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