I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Protective 

5 Service Improvement and Accountability Act of 2015’’. 


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1 SEC. 2. FEDERAL PROTECTIVE SERVICE INSPECTORS AND 

2 CONTRACT OVERSIGHT FORCE. 

3 (a) IN GENERAL.—Section 1315 of title 40, United 

4 States Code, is amended by— 

5 (1) redesignating subsections (c) through (g) as 

6 subsections (h) through (l), respectively; and 

7 (2) by inserting after subsection (b) the fol8 lowing new subsections: 

9 ‘‘(c) INSPECTORS.— 

10 ‘‘(1) IN GENERAL.—The Secretary, acting 

11 through the Director of the Federal Protective Serv12 ice, shall maintain not fewer than 1,870 full-time 

13 equivalent positions in the Federal Protective Serv14 ice, with not fewer than 1,350 of such positions des15 ignated for fully trained Federal law enforcement of16 ficers. 

17 ‘‘(2) CLASSIFICATION.—Positions in the Fed18 eral Protective Service inspector force may be des19 ignated as one of two functional categories: 

20 ‘‘(A) FACILITY SECURITY ASSESSMENT.— 

21 Federal Facility Security Officers, who shall be 

22 responsible for— 

23 ‘‘(i) performing facility security as24 sessments at facilities protected by the 

25 Federal Protective Service, including con26 tract guard post inspections; 


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1 ‘‘(ii) making security countermeasure 

2 recommendations for such facilities; 

3 ‘‘(iii) participating in security training 

4 and disseminating homeland security infor5 mation, consistent with applicable protocols 

6 and protections, to occupants and security 

7 guards, including contract guards, of such 

8 facilities; and 

9 ‘‘(iv) assessing, on an ongoing basis, 

10 the security of such facilities and the ex11 tent to which security countermeasure rec12 ommendations have been implemented for 

13 such facilities. 

14 ‘‘(B) SECURITY ENFORCEMENT AND IN15 VESTIGATIONS.—Law enforcement officers, who 

16 shall be responsible for— 

17 ‘‘(i) patrolling and on-site monitoring 

18 of the physical security, including perim19 eter security, of facilities protected by the 

20 Federal Protective Service; 

21 ‘‘(ii) investigations at such facilities; 

22 and 

23 ‘‘(iii) physical law enforcement at 

24 such facilities in the event of a terrorist at25 tack, security incident, or other incident. 


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1 ‘‘(d) CONTRACT OVERSIGHT.— 

2 ‘‘(1) IN GENERAL.—The Secretary, acting 

3 through the Director of the Federal Protective Serv4 ice, shall establish the Federal Protective Service 

5 contract oversight force, which shall consist of full6 time equivalent positions and who shall be respon7 sible for, in coordination with the Federal Protective 

8 Service inspector force— 

9 ‘‘(A) monitoring contracts, contractors, 

10 and contract guards provided by contractors; 

11 ‘‘(B) carrying out annual evaluations of 

12 performance by contractors that provide con13 tract guard services to the Federal Protective 

14 Service; and 

15 ‘‘(C) verifying that contract guards have 

16 necessary training and certification. 

17 ‘‘(2) LIMITATION ON PERFORMANCE OF FUNC18 TIONS.—The contract oversight functions described 

19 in paragraph (1) may not be performed by law en20 forcement officers or other individuals employed pur21 suant to subsection (c). 

22 ‘‘(e) UNIFORM MINIMUM STANDARDS.— 

23 ‘‘(1) IN GENERAL.—Not later than 180 days 

24 after the date of enactment of this subsection, the 

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1 eral Protective Service, shall establish uniform min2 imum training and certification standards for secu3 rity guard services at facilities protected by the Fed4 eral Protective Service. 

5 ‘‘(2) LIMITATION.—Upon establishment of min6 imum training and certification standards pursuant 

7 to paragraph (1), the Secretary, acting through the 

8 Director of the Federal Protective Service, shall re9 quire that all contracts for security guard services 

10 comply with such standards. 

11 ‘‘(f) VERIFICATION.—Not later than 180 days after 

12 the establishment of minimum training and certification 

13 standards for security services pursuant to subsection (e), 

14 the Secretary, acting through the Director of the Federal 

15 Protective Service, shall establish a process to verify the 

16 accuracy of training and certification data maintained by 

17 the Federal Protective Service. 

18 ‘‘(g) COVERT TESTING.—The Secretary shall develop 

19 and implement a strategy for using covert-testing data 

20 and data on prohibited items to improve screening at fa21 cilities protected by the Federal Protective Service. Such 

22 strategy should, at a minimum, require that— 

23 ‘‘(1) covert-testing data is used to monitor, re24 view, and improve performance nationwide; 


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1 ‘‘(2) covert-testing data is used to determine 

2 which testing scenarios will be implemented or rein3 stated; and 

4 ‘‘(3) data on prohibited items are analyzed to 

5 determine the reasons for wide variations in the 

6 number of reported prohibited-items detected across 

7 such facilities and to assist with managing the 

8 screening process and informing policy.’’. 

9 (b) SCREENER AND ACTIVE SHOOTER TRAINING.— 

10 Not later than 120 days after the date of the enactment 

11 of this Act, the Director of the Federal Protective Service 

12 shall, on an ongoing basis, determine which individuals in 

13 guard positions have not successfully completed— 

14 (1) training on the effective utilization of 

15 screening equipment, such as x-ray and magne16 tometer equipment, and 

17 (2) active shooter scenario-based training, and 

18 provide such training to such individuals. 

19 SEC. 3. COMPLIANCE WITH INTERAGENCY SECURITY COM20 MITTEE MINIMUM SECURITY STANDARDS. 

21 (a) FINDINGS.—Congress finds the following: 

22 (1) On October 19, 1995, six months after the 

23 Oklahoma City bombing of the Alfred P. Murrah 

24 Federal Building, President Clinton issued Executive 

25 Order 12977, creating the Interagency Security 


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1 Committee to address continuing Government-wide 

2 security for Federal facilities. The Committee’s man3 date is to enhance the quality and effectiveness of 

4 physical security in, and the protection of, non-mili5 tary Federal facilities in the United States, whether 

6 Government-owned, -leased, or -managed. Today, the 

7 Committee is comprised of chief security officers and 

8 other senior executives from 54 Federal agencies 

9 and departments. 

10 (2) On September 7, 2012, the primary mem11 bers of the Interagency Security Committee ap12 proved ‘‘The Risk Management Process: An Inter13 agency Security Committee Standard’’, which was 

14 issued in August 2013. 

15 (3) Consistent with Executive Order 12977, 

16 ‘‘The Risk Management Process: An Interagency Se17 curity Committee Standard’’ is intended to be ap18 plied to all facilities in the United States occupied 

19 by Federal employees for non-military activities. 

20 This standard defines the criteria and processes that 

21 those individuals responsible for the security of such 

22 a facility should use to determine such a facility’s 

23 security level, and provides an integrated, single 

24 source of physical security countermeasures for all 

25 such non-military Federal facilities. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Interagency Security Committee standards 

3 for Federal facilities established by the Interagency Secu4 rity Committee in the document entitled ‘‘The Risk Man5 agement Process: An Interagency Security Committee 

6 Standard’’ published in August 2013 and successor docu7 ments should be utilized, as appropriate, to protect all 

8 non-military Federal facilities. 

9 (c) ASSESSMENT.—The Secretary of Homeland Secu10 rity shall submit to the Committee on Homeland Security 

11 of the House of Representatives and the Committee on 

12 Homeland Security and Governmental Affairs of the Sen13 ate an assessment of the degree to which the standards 

14 specified in the ‘‘The Risk Management Process: An Inter15 agency Security Committee Standard’’, approved by the 

16 Interagency Security Committee, is utilized by all non17 military Federal facilities and what, if any, barriers exist 

18 to utilization of such standards. 

19 SEC. 4. RESEARCH. 

20 (a) IN GENERAL.—Not later than six months after 

21 the date of the enactment of this Act, the Secretary of 

22 Homeland Security, acting through the Director of the 

23 Federal Protective Service, shall commence a one-year 

24 pilot program to research the advantages of converting 

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1 tected by the Federal Protective Service from contract 

2 guard positions to positions held by Federal employees. 

3 (b) REQUIREMENTS.—At a minimum, the Secretary 

4 of Homeland Security shall conduct the pilot program de5 scribed in subsection (a) at one level III facility and one 

6 level IV facility in each of Federal Protective Service re7 gions I, III, V, and VII, by hiring individuals to fill guard 

8 positions at each facility that participates in such pilot 

9 program in accordance with subsection (c). 

10 (c) FEDERAL FACILITY SECURITY GUARD POSI11 TION.— 

12 (1) IN GENERAL.—For purposes of this section, 

13 and subject to the availability of appropriations for 

14 such purpose, the Secretary of Homeland Security, 

15 acting through the Director of the Federal Protec16 tive Service, shall establish and hire individuals for 

17 a Federal facility security guard position. 

18 (2) TRAINING.—The Secretary of Homeland 

19 Security, acting through the Director of the Federal 

20 Protective Service, shall provide to individuals hired 

21 pursuant to paragraph (1) training in— 

22 (A) performing the physical security for a 

23 Federal facility, including access point controls 

24 and security countermeasure operations; 


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1 (B) participating in information sharing 

2 and dissemination of homeland security infor3 mation, consistent with applicable protocols and 

4 protections; and 

5 (C) responding to specific security inci6 dents, including preparing for and responding 

7 to an act of terrorism, that can occur at a Fed8 eral facility, including response with force if 

9 necessary. 

10 (3) LIMITATION.—Individuals hired pursuant to 

11 paragraph (1) may not be Federal law enforcement 

12 officers. 

13 (d) TEMPORARY ASSIGNMENTS.—The Secretary of 

14 Homeland Security may assign, on a temporary basis, ex15 isting personnel employed by the Federal Protective Serv16 ice, on a temporary basis, to facilities that participate in 

17 the pilot program described in subsection (a) to perform 

18 security guard services under subsection (c) in furtherance 

19 of the such program, if the Secretary determines that indi20 viduals cannot be hired and trained pursuant to such sub21 section in a timely manner. 

22 (e) MAINTENANCE OF LAW ENFORCEMENT PER23 SONNEL.—Notwithstanding any other provision of this 

24 section, the Secretary of Homeland Security, acting 

25 through the Director of the Federal Protective Service, 


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1 shall maintain at each level III and level IV Federal facil2 ity protected by the Federal Protective Service such num3 ber of Federal law enforcement officers as is necessary to 

4 provide arrest authority and law enforcement support at 

5 each such facility, including support for Federal facility 

6 security guards hired pursuant to subsection (c) at each 

7 such facility, in the event of a terrorist attack, security 

8 incident, or other incident. 

9 (f) DEPARTMENTAL EVALUATION.—Not later than 

10 120 days after the completion of the pilot program de11 scribed in subsection (a), the Secretary of Homeland Secu12 rity shall submit to the Committee on Homeland Security 

13 of the House of Representatives, the Committee on Home14 land Security and Governmental Affairs of the Senate, 

15 and the Comptroller General of the United States a report 

16 on such program that includes information on perform17 ance, including screener performance, of individuals par18 ticipating in such program, and presented in a format that 

19 is able to be compared to prior covert testing data col20 lected by the Comptroller General regarding contract 

21 guard performance. 

22 (g) COMPTROLLER GENERAL REPORT.—Not later 

23 than 120 days after the receipt of the departmental eval24 uation under subsection (f), the Comptroller General of 

25 the United States shall submit to the Committee on 


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1 Homeland Security of the House of Representatives and 

2 the Committee on Homeland Security and Governmental 

3 Affairs of the Senate a report that evaluates how the De4 partment of Homeland Security carried out such pilot pro5 gram, reviews the Secretary of Homeland Security’s eval6 uation of performance under such subsection, and, to the 

7 degree practicable, compares the Secretary’s evaluation 

8 with the results of previous Comptroller General reports 

9 evaluating the performance and oversight of the Federal 

10 Protective Service’s contract guard program. 

11 (h) IMPLEMENTATION.—Unless the Secretary of 

12 Homeland Security determines in the evaluation required 

13 under subsection (f) that overall performance was not ac14 ceptable of the individuals participating in the pilot pro15 gram described in subsection (a), the Secretary, acting 

16 through the Director of the Federal Protective Service, 

17 shall, to the degree practicable, maintain Federal employ18 ees as Federal facility security guards at all level III and 

19 level IV Federal facilities protected by the Federal Protec20 tive Service. 

21 (i) FUNDING ASSESSMENT.—The Secretary of Home22 land Security shall submit to the Committee on Homeland 

23 Security of the House of Representatives and the Com24 mittee on Homeland Security and Governmental Affairs 

25 of the Senate an assessment that shall include— 


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1 (1) an assessment of the extent to which the 

2 current fee-based system adequately funds the Fed3 eral Protective Service’s programs and activities; 

4 (2) an assessment of the appropriateness and 

5 adaptability of the structure of the fees charged to 

6 occupants of Federal facilities protected by the Fed7 eral Protective Service, and the degree to which such 

8 structure takes into account the actual costs in9 curred by the Federal Protective Service, particu10 larly with respect to those instances in which the 

11 Federal Protective Service provides heightened secu12 rity in response to information on current threats; 

13 (3) an assessment of the extent to which such 

14 fee-based system impedes the Federal Protective 

15 Service from executing its operations and imple16 menting oversight, inspections, and security en17 hancements; 

18 (4) recommendations, as appropriate, for alter19 ations to the current system and alternative funding 

20 approaches (including a mix of fees and appropria21 tions); and 

22 (5) options to mitigate challenges in budgeting, 

23 such as an alternative account structure to increase 

24 flexibility, while maintaining accountability and 

25 transparency. 


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1 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for each of fiscal years 

3 2016, 2017, and 2018 such sums as may be necessary 

4 to carry out this section. 

Æ 


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