[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6122 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6122

   To enhance homeland security, including domestic preparedness and 
 collective response to terrorism, by improving the Federal Protective 
                    Service, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2010

Mr. Thompson of Mississippi (for himself, Ms. Jackson Lee of Texas, and 
 Ms. Richardson) introduced the following bill; which was referred to 
the Committee on Transportation and Infrastructure, and in addition to 
  the Committee on Homeland Security, 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 enhance homeland security, including domestic preparedness and 
 collective response to terrorism, by improving the Federal Protective 
                    Service, 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 
Improvement and Accountability Act of 2010''.

SEC. 2. FEDERAL PROTECTIVE SERVICE INSPECTORS AND CONTRACT OVERSIGHT 
              FORCE.

    Section 1315 of title 40, United States Code, is amended by 
redesignating subsections (c) through (e) as subsections (f) through 
(h), and by inserting after subsection (b) the following new 
subsections:
    ``(c) Inspectors.--
            ``(1) In general.--The Secretary shall maintain no fewer 
        than 1,350 full-time equivalent positions in the Federal 
        Protective Service inspector force, who shall be fully trained 
        Federal law enforcement officers.
            ``(2) Classification.--The Secretary shall classify the 
        positions in the inspector force in the following 2 functional 
        categories:
                    ``(A) Facility security assessment.--Federal 
                Facility Security Officers, who shall be responsible 
                for--
                            ``(i) performing facility security 
                        assessments, including contract guard post 
                        inspections;
                            ``(ii) making security countermeasure 
                        recommendations for facilities;
                            ``(iii) participating in security training 
                        and disseminating homeland security 
                        information, consistent with applicable 
                        protocols and protections, to building 
                        occupants and facility security guards, 
                        including contract guards; and
                            ``(iv) assessing, on an ongoing basis, the 
                        security of each facility protected by the 
                        Federal Protective Service and the extent to 
                        which security countermeasure recommendations 
                        have been implemented for each such facility.
                    ``(B) Security enforcement and investigations.--Law 
                enforcement officers, who shall be responsible for--
                            ``(i) patrolling and on-site monitoring of 
                        the physical security, including perimeter 
                        security, of each facility;
                            ``(ii) investigations; and
                            ``(iii) physical law enforcement in the 
                        event of a terrorist attack, security incident, 
                        or other incident.
    ``(d) Contract Oversight.--
            ``(1) In general.--The Secretary shall establish the 
        Federal Protective Service contract oversight force, which 
        shall consist of full-time equivalent positions and who shall 
        be responsible for, in coordination with the Federal Protective 
        Service inspector force--
                    ``(A) monitoring contracts, contractors, and 
                contract guards provided by contractors;
                    ``(B) performing annual evaluations of the persons 
                holding contracts for supplying contract guards to the 
                Federal Protective Service; and
                    ``(C) verifying that contract guards have necessary 
                training and certification.
            ``(2) Limitation on performance of functions.--The contract 
        oversight functions described in paragraph (1) shall not be 
        performed by law enforcement officers or individuals employed 
        pursuant to subsection (c).
    ``(e) Uniform Minimum Standards.--
            ``(1) In general.--Not later than one year after the date 
        of enactment of the Federal Protective Service Improvement and 
        Accountability Act of 2010, the Secretary shall establish 
        minimum training and certification standards for security guard 
        services at facilities protected by the Federal Protective 
        Service.
            ``(2) Limitation.--Upon establishment of minimum training 
        and certification standards, the Secretary, acting through the 
        Director of the Federal Protective Service, shall require that 
        all contracts for security guard services comply with these 
        standards.''.

SEC. 3. COMPLIANCE WITH INTERAGENCY SECURITY COMMITTEE MINIMUM SECURITY 
              STANDARDS.

    It is the sense of Congress that the security standards for Federal 
facilities established by the Interagency Security Committee in the 
document entitled ``Physical Security Criteria for Federal Facilities: 
An Interagency Security Committee Standard'', as approved by 
concurrence of the Committee membership on April 12, 2010, should be 
implemented for all Federal facilities for which they were issued.

SEC. 4. RESEARCH.

    (a) In General.--Within 6 months after the date of enactment of 
this Act, the Secretary of Homeland Security, acting through the 
Director of the Federal Protective Service, shall commence a 1-year 
pilot program to research the advantages of converting guard positions 
at the highest-risk Federal facilities protected by the Federal 
Protective Service from contract guard positions to positions held by 
Federal employees.
    (b) Requirements.--At a minimum, the Secretary shall conduct the 
research pilot program at one level III facility and one level IV 
facility in each of Federal Protective Service regions I, III, V, and 
VII by hiring individuals to fill guard positions at each facility that 
participates in the research pilot in accordance with subsection (c).
    (c) Federal Facility Security Guard Position.--
            (1) In general.--For purposes of this section, and subject 
        to the availability of appropriations, the Secretary, acting 
        through the Director, shall establish and hire individuals for 
        a Federal facility security guard position.
            (2) Training.--The Secretary shall provide to individuals 
        employed in that position training in--
                    (A) performing the physical security for a Federal 
                facility, including access point controls and security 
                countermeasure operations;
                    (B) participating in information sharing and 
                dissemination of homeland security information, 
                consistent with applicable protocols and protections; 
                and
                    (C) responding to specific security incidents, 
                including preparing for and responding to an act of 
                terrorism, that can occur at Federal facilities, 
                including response with force if necessary.
            (3) Law enforcement officers not required.--The Secretary 
        may not require that individuals employed in such position be 
        Federal law enforcement officers.
    (d) Temporary Assignments.--The Secretary may assign, on a 
temporary basis, existing personnel employed by the Federal Protective 
Service, on a temporary basis, to facilities that participate in the 
research pilot program to perform security guard services in 
furtherance of the pilot program, if the Secretary determines that 
individuals cannot be hired and trained pursuant to subsection (c) in a 
timely manner.
    (e)  Maintenance of Law Enforcement Personnel.--Notwithstanding any 
other provision of this section, the Secretary shall maintain at each 
highest-risk Federal facility protected by the Federal Protective 
Service (level III and level IV facilities) such number of Federal law 
enforcement officers as is necessary to provide arrest authority and 
law enforcement support at that facility, including support for the 
Federal facility security guards employed under this section, in the 
event of a terrorist attack, security incident or other incident.
    (f) GAO Reports.--The Comptroller General of the United States 
shall--
            (1) periodically review and report to Congress on the 
        performance by Federal facility security guards under the pilot 
        program; and
            (2) upon completion of the pilot program, submit a final 
        report to the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate evaluating whether or not 
        the performance of individuals in the Federal facility security 
        guard positions was satisfactory, that--
                    (A) evaluates--
                            (i) the extent to which the Federal 
                        Protective Service ensures that individuals 
                        serving in the Federal facility security guard 
                        capacity have the required training and 
                        certifications before being deployed to a 
                        Federal facility;
                            (ii) the extent to which the Federal 
                        Protective Service ensures that individuals in 
                        the Federal facility security guard capacity 
                        comply with post orders once they are deployed 
                        at Federal facilities; and
                            (iii) the extent to which security 
                        vulnerabilities exist that the Comptroller 
                        General determines are related to the 
                        performance of the functions of the Federal 
                        security guard positions; and
                    (B) compares such evaluation results against the 
                results of previous Comptroller General reports 
                evaluating the performance and oversight of the Federal 
                Protective Service's contract guard program.
    (g) Implementation.--If the Comptroller General states in the final 
report under subsection (f)(2) that the Federal facility security 
guards employed in the position established under subsection (c) are 
performing satisfactorily, the Secretary shall replace contract guards 
at all highest risk Federal facilities protected by the Federal 
Protective Service (level III and level IV facilities) with Federal 
employees hired as Federal facility security guards.
    (h) GAO Evaluation of the Federal Protective Service Fee-Based 
Funding System.--The Comptroller General of the United States shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a review the fee-based funding system in use by 
the Federal Protective Service and, as appropriate, issue 
recommendations for alternative approaches to fund the agency in 
furtherance of the agency's operations, including the execution of its 
homeland security and protection missions. The review shall include--
            (1) an assessment of the extent to which the current fee-
        based system fully funds the agency's activities;
            (2) an assessment of the extent to which the system is 
        properly designed to ensure that the fees charged to occupants 
        of facilities guarded by the agency are sufficient and 
        appropriate;
            (3) an assessment of the extent to which the fee-based 
        system impedes the agency from executing its operations and 
        implementing oversight, inspections, and security enhancements; 
        and
            (4) recommendations, as appropriate, for alterations to the 
        current system and alternative funding approaches (including a 
        mix of fees and appropriations).
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal years 2011, 2012, and 2013 such sums as are 
necessary for purposes of this section.
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