[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2658 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2658

 To amend the Homeland Security Act of 2002 to enhance the ability of 
  the Federal Protective Service 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

                             July 26, 2011

  Mr. Daniel E. Lungren of California 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 amend the Homeland Security Act of 2002 to enhance the ability of 
  the Federal Protective Service 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''.

SEC. 2. AUTHORIZATION OF FEDERAL PROTECTIVE SERVICE.

    (a) Authorization.--Title II of the Homeland Security Act of 2002 
(6 U.S.C. 121 et seq.) is amended by adding at the end the following:

                ``Subtitle E--Federal Protective Service

``SEC. 241. AUTHORIZATION OF FEDERAL PROTECTIVE SERVICE.

    ``(a) Authorization.--There shall be in the Department the Federal 
Protective Service.
    ``(b) Director.--There shall be a Director of the Federal 
Protective Service, who shall report to the Under Secretary responsible 
for critical infrastructure protection.
    ``(c) Duties and Authorities of the Director.--
            ``(1) In general.--The Director shall be responsible for 
        the management and administration of the Federal Protective 
        Service and the employees and programs of the Federal 
        Protective Service.
            ``(2) Mission.--The Director shall endeavor to secure all 
        facilities and surrounding Federal property under the 
        protection of the Federal Protective Service, and safeguard all 
        occupants thereof, including Federal employees, officers, and 
        visitors.
            ``(3) Enforcement policy.--The Director shall establish and 
        direct the implementation of the policies of the Federal 
        Protective Service, and advise the Under Secretary responsible 
        for critical infrastructure protection on policy matters 
        relating to the protection of facilities.
            ``(4) Training.--The Director shall establish a training 
        program for all employees of the Federal Protective Service, 
        and all security guards hired by the Federal Protective Service 
        by contract, with responsibilities for carrying out the mission 
        of the Director under paragraph (2).
            ``(5) Personnel.--The Director shall make recommendations 
        for staffing and training necessary to ensure security for 
        Federal facilities protected by the Federal Protective Service.
            ``(6) Information sharing.--The Director shall ensure 
        effective coordination and liaison with other Federal law 
        enforcement agencies and State and local law enforcement 
        agencies regarding threats to facilities protected by the 
        Federal Protective Service and shall share information and 
        intelligence regarding such threats in a timely manner through 
        the Regional Information Sharing Plan and the Homeland Secure 
        Data Network.
            ``(7) Security assessments.--The Director shall--
                    ``(A) conduct a security risk assessment for each 
                Federal facility protected by the Federal Protective 
                Service; and
                    ``(B) inspect and patrol such facilities on a 
                recurring basis for the purpose of detecting and 
                determining terrorist or criminal activity and 
                determining compliance with Federal security standards 
                and making appropriate risk mitigation recommendations 
                to devalue any such facility as a terrorist target.
            ``(8) Emergency preparedness assistance.--The Director 
        shall--
                    ``(A) ensure each facility protected by the Federal 
                Protective Service has adequate plans for emergency 
                situations;
                    ``(B) provide technical assistance to agencies that 
                are the tenant of a facility protected by the Federal 
                Protective Service in developing plans described in 
                subparagraph (A); and
                    ``(C) ensure plans described in subparagraph (A) 
                are carried out using standards established by the 
                Interagency Security Committee.
            ``(9) Security countermeasures.--The Director shall ensure 
        and supervise the effective design, installation, maintenance, 
        and operation of security countermeasures (including contract 
        guards, electronic physical security systems, and weapons and 
        explosives screening devices) for facilities protected by the 
        Federal Protective Service.
            ``(10) Suitability of guards.--The Director shall ensure 
        that--
                    ``(A) background investigations are conducted for 
                contract guards and building service contractors 
                employed at facilities protected by the Federal 
                Protective Service; and
                    ``(B) each contract guard and building service 
                contractor is suitable for work in a facility protected 
                by the Federal Protective Service before being granted 
                unescorted or recurring access.
            ``(11) Terrorism prevention.--The Secretary shall ensure 
        security personnel are provided training in terrorism 
        prevention, including dispatching of canine bomb detection 
        teams.
    ``(d) Risk Management.--The Under Secretary of the Department who 
is responsible for critical infrastructure protection shall manage risk 
by utilizing and maintaining a risk assessment tool and centralized 
database in order to at a minimum--
            ``(1) conduct facility security risk assessments;
            ``(2) track contract guard posts; and
            ``(3) validate contract guard certifications.

``SEC. 242. REPORT ON MINIMUM FULL-TIME EQUIVALENT EMPLOYEE 
              REQUIREMENTS.

    ``The Secretary shall submit an annual report to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate that provides 
estimates of staffing needs of the Federal Protective Service for the 
5-year period beginning on the date of submission of the report, 
including the number of full-time equivalent employees necessary to 
fulfill the mission of the Federal Protective Service.

``SEC. 243. OVERSIGHT OF CONTRACT GUARD SERVICES.

    ``(a) Armed Guard Training Requirements.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment the Federal Protective Service Reform and 
        Enhancement Act the Director shall establish minimum training 
        and annual certification requirements for all contract guards 
        procured by the Federal Protective Service.
            ``(2) Requirements.--Training requirements under this 
        subsection shall include--
                    ``(A) at least 16 hours of instruction dedicated to 
                x-ray and magnetometer training provided by the Federal 
                Protective Service before an armed guard may stand post 
                in a facility employing x-rays or a magnetometer; and
                    ``(B) regular and recurring training in--
                            ``(i) arrest and control procedures;
                            ``(ii) weapons training if necessary;
                            ``(iii) operation of emergency equipment;
                            ``(iv) access control; and
                            ``(v) cardiopulmonary resuscitation and 
                        basic first aid.
    ``(b) Training and Security Assessment Program.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of the Federal Protective Service Reform and 
        Enhancement Act, the Director shall establish a program to 
        periodically assess--
                    ``(A) the training of contract guards for the 
                security and protection of facilities protected by the 
                Federal Protective Service; and
                    ``(B) the security of facilities protected by the 
                Federal Protective Service.
            ``(2) Program.--The program under this subsection shall 
        include an assessment of--
                    ``(A) methods to test the training and 
                certifications of guards;
                    ``(B) procedures for taking personnel actions 
                against, or for providing recommendations regarding, 
                individuals; and
                    ``(C) a covert testing program, that shall be 
                conducted without prior notice to the facility 
                concerned and in a manner that does not affect the 
                security or safety of the property or employees, in 
                order to evaluate--
                            ``(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; 
                        and
                            ``(ii) any weaknesses in the security plan 
                        of a facility.
            ``(3) Reports.--The Secretary shall annually submit a 
        report to the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate, in a classified manner, if 
        necessary, on the results of the assessment of the overt and 
        covert testing program of the Federal Protective Service.

``SEC. 244. STRATEGIC PLAN REQUIREMENT.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Federal Protective Service Reform and Enhancement Act, 
the Secretary 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 
        counterterrorism and homeland 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 assess both quality and cost of individual 
        private contract guard providers 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. 245. PROMOTION OF FEDERAL PROTECTIVE SERVICE TECHNOLOGY AND 
              TRAINING.

    ``(a) In General.--Within 6 months after the date of enactment of 
the Federal Protective Service Reform and Enhancement Act, the Director 
of the Federal Protective Service, in consultation with the 
Administrator for the 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) procedures and requirements for the proper 
        administration of the list of qualified vendors and the list of 
        qualified products as appropriate on a periodic basis, 
        including--
                    ``(A) requirements for qualification for inclusion 
                on a list;
                    ``(B) review of such lists at least annually; and
                    ``(C) addition of new qualified vendors and 
                products to such lists removal of any vendors and 
                products that no longer meet the qualification 
                requirements; 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) Application to Procurements.--
            ``(1) In general.--After 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 is of a class of contracts that is 
                not inherent to the security missions of the Federal 
                Protective Service or otherwise conflicts with Federal 
                or State law.
                    ``(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 determining for purposes 
                of subparagraph (A) any class of contracts that is not 
                inherent to the security missions of the Federal 
                Protective Service.
    ``(c) Cooperative Agreement.--Within 6 months after the date of 
enactment of the Federal Protective Service Reform and Enhancement Act, 
the Secretary of Homeland Security shall require the Assistant 
Secretary of the Transportation Security Administration, the Under 
Secretary for Science and Technology, and the Under Secretary 
responsible for critical infrastructure protection to enter into a 
memorandum of understanding 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. 246. PROHIBITED ITEMS LIST.

    ``(a) In General.--
            ``(1) List of prohibited items.--Not later than the end of 
        the 180-day period beginning on the date of enactment of the 
        Federal Protective Service Reform and Enhancement Act, the 
        Secretary, acting through the Under Secretary responsible for 
        critical infrastructure protection, shall issue and implement a 
        list of items, including component parts, that are prohibited 
        from being brought into facilities protected by the Federal 
        Protective Service, unless an exemption is granted under 
        paragraph (2).
            ``(2) Exemptions and exceptions.--An exemption or exception 
        to the list of prohibited items under paragraph (1) may be 
        granted that is temporary and effective for a specific period 
        of time, or is permanent until rescinded, by--
                    ``(A) the Secretary; or
                    ``(B) the Director of the Federal Protective 
                Service or the Facility Security Committee for the 
                Federal facility, if authorized by the Secretary.
    ``(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 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 the 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 responsible for critical infrastructure 
        protection, 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.''.
    (b) Clerical Amendment.--The table of contents in section 2 of such 
Act is amended by adding at the end of the items relating to title II 
the following:

                ``Subtitle E--Federal Protective Service

``Sec. 241. Authorization of Federal Protective Service.
``Sec. 242. Report on minimum full-time equivalent employee 
                            requirements.
``Sec. 243. Oversight of contract guard services.
``Sec. 244. Strategic plan requirement.
``Sec. 245. Promotion of Federal Protective Service technology and 
                            training.
``Sec. 246. Prohibited items list.''.

SEC. 3. FEDERAL PROTECTIVE SERVICE AUTHORITY TO CARRY OUT 
              COUNTERTERRORISM AND HOMELAND SECURITY FUNCTIONS.

    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 facilities.--For each Federal facility 
        not subject to security requirements under Federal laws or 
        regulations, the Secretary, acting through the Federal 
        Protective Service shall have the primary authority in the 
        executive branch for implementing counterterrorism and homeland 
        security functions to secure any building and all Federal 
        property located in or on a facility, that is owned, occupied, 
        or secured by any component of the Federal Government.
            ``(2) Agreements with other law enforcement authorities.--
        Nothing in this subsection shall prevent 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 owned, occupied, or 
        secured by the Federal Government.''.

SEC. 4. REPORT REQUIREMENT.

    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 coordinated strategy for cooperation between the 
        Under Secretary responsible for critical infrastructure 
        protection and the Under Secretary for Science and Technology 
        regarding research, development, and deployment of security 
        technology conducted by the Transportation Security Laboratory.
            (3) A report on retention rates within the Federal 
        Protective Service contract guard workforce, including an 
        assessment of how the retention rate affects the costs and 
        operations of the Federal Protective Service and the security 
        of facilities.
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