[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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