Short title

This Act may be cited as the

Federal Protective Service Reform and Enhancement Act of 2010

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.

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.

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.

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.

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.

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.

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.

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.

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.