I 112th CONGRESS 1st Session H. R. 2658 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.

1.

Short title

This Act may be cited as the Federal Protective Service Reform and Enhancement Act.

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: E

Federal Protective Service

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.

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.

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.

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.

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.

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. .

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. .

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.