[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3418 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3418

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2015

 Mr. Thompson of Mississippi 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 the 
 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 2015''.

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

    (a) In General.--Section 1315 of title 40, United States Code, is 
amended by--
            (1) redesignating subsections (c) through (g) as 
        subsections (h) through (l), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsections:
    ``(c) Inspectors.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Federal Protective Service, shall maintain not 
        fewer than 1,870 full-time equivalent positions in the Federal 
        Protective Service, with not fewer than 1,350 of such positions 
        designated for fully trained Federal law enforcement officers.
            ``(2) Classification.--Positions in the Federal Protective 
        Service inspector force may be designated as one of two 
        functional categories:
                    ``(A) Facility security assessment.--Federal 
                Facility Security Officers, who shall be responsible 
                for--
                            ``(i) performing facility security 
                        assessments at facilities protected by the 
                        Federal Protective Service, including contract 
                        guard post inspections;
                            ``(ii) making security countermeasure 
                        recommendations for such facilities;
                            ``(iii) participating in security training 
                        and disseminating homeland security 
                        information, consistent with applicable 
                        protocols and protections, to occupants and 
                        security guards, including contract guards, of 
                        such facilities; and
                            ``(iv) assessing, on an ongoing basis, the 
                        security of such facilities and the extent to 
                        which security countermeasure recommendations 
                        have been implemented for such facilities.
                    ``(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 facilities protected by the 
                        Federal Protective Service;
                            ``(ii) investigations at such facilities; 
                        and
                            ``(iii) physical law enforcement at such 
                        facilities in the event of a terrorist attack, 
                        security incident, or other incident.
    ``(d) Contract Oversight.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Federal Protective Service, 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) carrying out annual evaluations of 
                performance by contractors that provide contract guard 
                services 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) may not be 
        performed by law enforcement officers or other individuals 
        employed pursuant to subsection (c).
    ``(e) Uniform Minimum Standards.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this subsection, the Secretary, acting through 
        the Director of the Federal Protective Service, shall establish 
        uniform 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 pursuant to paragraph (1), the 
        Secretary, acting through the Director of the Federal 
        Protective Service, shall require that all contracts for 
        security guard services comply with such standards.
    ``(f) Verification.--Not later than 180 days after the 
establishment of minimum training and certification standards for 
security services pursuant to subsection (e), the Secretary, acting 
through the Director of the Federal Protective Service, shall establish 
a process to verify the accuracy of training and certification data 
maintained by the Federal Protective Service.
    ``(g) Covert Testing.--The Secretary shall develop and implement a 
strategy for using covert-testing data and data on prohibited items to 
improve screening at facilities protected by the Federal Protective 
Service. Such strategy should, at a minimum, require that--
            ``(1) covert-testing data is used to monitor, review, and 
        improve performance nationwide;
            ``(2) covert-testing data is used to determine which 
        testing scenarios will be implemented or reinstated; and
            ``(3) data on prohibited items are analyzed to determine 
        the reasons for wide variations in the number of reported 
        prohibited-items detected across such facilities and to assist 
        with managing the screening process and informing policy.''.
    (b) Screener and Active Shooter Training.--Not later than 120 days 
after the date of the enactment of this Act, the Director of the 
Federal Protective Service shall, on an ongoing basis, determine which 
individuals in guard positions have not successfully completed--
            (1) training on the effective utilization of screening 
        equipment, such as x-ray and magnetometer equipment, and
            (2) active shooter scenario-based training, and
provide such training to such individuals.

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

    (a) Findings.--Congress finds the following:
            (1) On October 19, 1995, six months after the Oklahoma City 
        bombing of the Alfred P. Murrah Federal Building, President 
        Clinton issued Executive Order 12977, creating the Interagency 
        Security Committee to address continuing Government-wide 
        security for Federal facilities. The Committee's mandate is to 
        enhance the quality and effectiveness of physical security in, 
        and the protection of, non-military Federal facilities in the 
        United States, whether Government-owned, -leased, or -managed. 
        Today, the Committee is comprised of chief security officers 
        and other senior executives from 54 Federal agencies and 
        departments.
            (2) On September 7, 2012, the primary members of the 
        Interagency Security Committee approved ``The Risk Management 
        Process: An Interagency Security Committee Standard'', which 
        was issued in August 2013.
            (3) Consistent with Executive Order 12977, ``The Risk 
        Management Process: An Interagency Security Committee 
        Standard'' is intended to be applied to all facilities in the 
        United States occupied by Federal employees for non-military 
        activities. This standard defines the criteria and processes 
        that those individuals responsible for the security of such a 
        facility should use to determine such a facility's security 
        level, and provides an integrated, single source of physical 
        security countermeasures for all such non-military Federal 
        facilities.
    (b) Sense of Congress.--It is the sense of Congress that the 
Interagency Security Committee standards for Federal facilities 
established by the Interagency Security Committee in the document 
entitled ``The Risk Management Process: An Interagency Security 
Committee Standard'' published in August 2013 and successor documents 
should be utilized, as appropriate, to protect all non-military Federal 
facilities.
    (c) Assessment.--The Secretary of Homeland Security 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 an assessment of the degree to which the standards specified in 
the ``The Risk Management Process: An Interagency Security Committee 
Standard'', approved by the Interagency Security Committee, is utilized 
by all non-military Federal facilities and what, if any, barriers exist 
to utilization of such standards.

SEC. 4. RESEARCH.

    (a) In General.--Not later than six months after the date of the 
enactment of this Act, the Secretary of Homeland Security, acting 
through the Director of the Federal Protective Service, shall commence 
a one-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 of Homeland Security 
shall conduct the pilot program described in subsection (a) 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 such pilot 
program 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 for such purpose, the 
        Secretary of Homeland Security, acting through the Director of 
        the Federal Protective Service, shall establish and hire 
        individuals for a Federal facility security guard position.
            (2) Training.--The Secretary of Homeland Security, acting 
        through the Director of the Federal Protective Service, shall 
        provide to individuals hired pursuant to paragraph (1) 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 a Federal facility, 
                including response with force if necessary.
            (3) Limitation.--Individuals hired pursuant to paragraph 
        (1) may not be Federal law enforcement officers.
    (d) Temporary Assignments.--The Secretary of Homeland Security may 
assign, on a temporary basis, existing personnel employed by the 
Federal Protective Service, on a temporary basis, to facilities that 
participate in the pilot program described in subsection (a) to perform 
security guard services under subsection (c) in furtherance of the such 
program, if the Secretary determines that individuals cannot be hired 
and trained pursuant to such subsection in a timely manner.
    (e) Maintenance of Law Enforcement Personnel.--Notwithstanding any 
other provision of this section, the Secretary of Homeland Security, 
acting through the Director of the Federal Protective Service, shall 
maintain at each level III and level IV Federal facility protected by 
the Federal Protective Service such number of Federal law enforcement 
officers as is necessary to provide arrest authority and law 
enforcement support at each such facility, including support for 
Federal facility security guards hired pursuant to subsection (c) at 
each such facility, in the event of a terrorist attack, security 
incident, or other incident.
    (f) Departmental Evaluation.--Not later than 120 days after the 
completion of the pilot program described in subsection (a), the 
Secretary of Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives, the Committee on 
Homeland Security and Governmental Affairs of the Senate, and the 
Comptroller General of the United States a report on such program that 
includes information on performance, including screener performance, of 
individuals participating in such program, and presented in a format 
that is able to be compared to prior covert testing data collected by 
the Comptroller General regarding contract guard performance.
    (g) Comptroller General Report.--Not later than 120 days after the 
receipt of the departmental evaluation under subsection (f), 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 report 
that evaluates how the Department of Homeland Security carried out such 
pilot program, reviews the Secretary of Homeland Security's evaluation 
of performance under such subsection, and, to the degree practicable, 
compares the Secretary's evaluation with the results of previous 
Comptroller General reports evaluating the performance and oversight of 
the Federal Protective Service's contract guard program.
    (h) Implementation.--Unless the Secretary of Homeland Security 
determines in the evaluation required under subsection (f) that overall 
performance was not acceptable of the individuals participating in the 
pilot program described in subsection (a), the Secretary, acting 
through the Director of the Federal Protective Service, shall, to the 
degree practicable, maintain Federal employees as Federal facility 
security guards at all level III and level IV Federal facilities 
protected by the Federal Protective Service.
    (i) Funding Assessment.--The Secretary of Homeland Security 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 an assessment that shall include--
            (1) an assessment of the extent to which the current fee-
        based system adequately funds the Federal Protective Service's 
        programs and activities;
            (2) an assessment of the appropriateness and adaptability 
        of the structure of the fees charged to occupants of Federal 
        facilities protected by the Federal Protective Service, and the 
        degree to which such structure takes into account the actual 
        costs incurred by the Federal Protective Service, particularly 
        with respect to those instances in which the Federal Protective 
        Service provides heightened security in response to information 
        on current threats;
            (3) an assessment of the extent to which such fee-based 
        system impedes the Federal Protective Service from executing 
        its operations and implementing oversight, inspections, and 
        security enhancements;
            (4) recommendations, as appropriate, for alterations to the 
        current system and alternative funding approaches (including a 
        mix of fees and appropriations); and
            (5) options to mitigate challenges in budgeting, such as an 
        alternative account structure to increase flexibility, while 
        maintaining accountability and transparency.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2016, 2017, and 2018 such sums as 
may be necessary to carry out this section.
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