I 

113TH CONGRESS 

2D SESSION H. R. 5864 

To protect Federal employees and visitors, improve the security of Federal 

facilities, authorize and modernize the Federal Protective Service, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 11, 2014 

Mr. CARSON of Indiana introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure 

A BILL 

To protect Federal employees and visitors, improve the security of Federal facilities, authorize and modernize 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 ‘‘FPS Improvement Act 

5 of 2014’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act, the terms ‘‘appropriate congressional 

8 committees’’, ‘‘Federal facility’’, ‘‘Secretary’’, ‘‘Director’’, 

9 ‘‘facility security level’’, ‘‘Federal Protective Service law 


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1 enforcement officer’’, and ‘‘protective service guard’’ have 

2 the meanings given those terms in section 1331 of title 

3 40, United States Code (as added by this Act). 

4 SEC. 3. FEDERAL PROTECTIVE SERVICE. 

5 (a) IN GENERAL.—Chapter 13 of title 40, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘SUBCHAPTER II—FEDERAL PROTECTIVE 

9 SERVICES 

10 ‘‘§ 1331. Definitions 

11 ‘‘In this subchapter: 

12 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘appropriate congressional com14 mittees’ means— 

15 ‘‘(A) the Committee on Homeland Security 

16 and Governmental Affairs of the Senate; 

17 ‘‘(B) the Committee on Appropriations of 

18 the Senate; 

19 ‘‘(C) the Committee on Transportation and 

20 Infrastructure of the House of Representatives; 

21 and 

22 ‘‘(D) the Committee on Appropriations of 

23 the House of Representatives. 

24 ‘‘(2) DIRECTOR.—The term ‘Director’ means 

25 the Director of the Federal Protective Service. 


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1 ‘‘(3) FEDERAL FACILITY.—The term ‘Federal 

2 facility’— 

3 ‘‘(A) means any building and grounds and 

4 all property located in or on that building and 

5 grounds, that are owned, occupied or secured by 

6 the Federal Government, including any agency, 

7 instrumentality or wholly owned or mixed-own8 ership corporation of the Federal Government; 

9 and 

10 ‘‘(B) does not include— 

11 ‘‘(i) any building, grounds, or prop12 erty used for military activities; or 

13 ‘‘(ii) any facility used for activities 

14 covered under the Atomic Energy Act of 

15 1954 (42 U.S.C. 2011 et seq.). 

16 ‘‘(4) FEDERAL PROTECTIVE SERVICE LAW EN17 FORCEMENT OFFICER.—The term ‘Federal Protec18 tive Service law enforcement officer’ means a law en19 forcement officer or agent designated under section 

20 1332. 

21 ‘‘(5) FACILITY SECURITY COMMITTEE.—The 

22 term ‘Facility Security Committee’ means an agency 

23 or an internal agency component responsible for se24 curity policy at a specific Federal facility. 


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1 ‘‘(6) FACILITY SECURITY LEVEL.—The term 

2 ‘facility security level’— 

3 ‘‘(A) means a rating of each Federal facil4 ity based on the analysis of several facility fac5 tors that provides a basis for that facility’s 

6 attractiveness as a target and potential effects 

7 or consequences of an attack, which then serves 

8 as a basis for the implementation of certain lev9 els of security protection by the Interagency Se10 curity Committee; and 

11 ‘‘(B) is determined by the Federal Protec12 tive Service, the United States Marshals Service 

13 under section 566 of title 28, or another agency 

14 authorized to provide all protective services for 

15 a facility and is guided by Interagency Security 

16 Committee standards. 

17 ‘‘(7) IN-SERVICE FIELD STAFF.—The term ‘in18 service field staff’ means— 

19 ‘‘(A) a Federal Protective Service law en20 forcement officer; or 

21 ‘‘(B) a police officer, inspector, area com22 mander or special agent, or such other equiva23 lent positions as designated by the Secretary 

24 who, while working, is directly engaged on a 


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1 daily basis in protecting and enforcing law at 

2 Federal facilities. 

3 ‘‘(8) PROTECTIVE SERVICE GUARD.—The term 

4 ‘protective service guard’ means an employee of a 

5 Federal Protective Service contractor or subcon6 tractor engaged in the protection of a building, 

7 grounds, or property that is owned, occupied, or se8 cured by the Federal Government (including any 

9 agency, instrumentality, or wholly owned or mixed10 ownership corporation thereof) and the persons on 

11 the property. 

12 ‘‘(9) SECRETARY.—The term ‘Secretary’ means 

13 the Secretary of Homeland Security acting through 

14 the Director. 

15 ‘‘§ 1332. Law enforcement authority of Secretary of 

16 Homeland Security for protection of pub17 lic property 

18 ‘‘(a) IN GENERAL.—To the extent provided for by 

19 transfers made pursuant to the Homeland Security Act 

20 of 2002, the Secretary shall protect the buildings, 

21 grounds, and property that are owned, occupied, or se22 cured by the Federal Government (including any agency, 

23 instrumentality, or wholly owned or mixed-ownership cor24 poration thereof) and the persons on the property. 

25 ‘‘(b) OFFICERS AND AGENTS.— 


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1 ‘‘(1) DESIGNATION.—The Secretary may des2 ignate employees of the Department of Homeland 

3 Security, including employees transferred to the De4 partment from the Office of the Federal Protective 

5 Service of the General Services Administration pur6 suant to the Homeland Security Act of 2002, as offi7 cers and agents for duty in connection with the pro8 tection of property owned or occupied by the Federal 

9 Government and persons on the property, including 

10 duty in areas outside the property to the extent nec11 essary to protect the property and persons on the 

12 property. 

13 ‘‘(2) POWERS.—While engaged in the perform14 ance of official duties, an officer or agent designated 

15 under this subsection may— 

16 ‘‘(A) enforce Federal laws and regulations 

17 for the protection of persons and property; 

18 ‘‘(B) make arrests without a warrant for 

19 any offense against the United States com20 mitted in the presence of the officer or agent or 

21 for any felony cognizable under the laws of the 

22 United States if the officer or agent has reason23 able grounds to believe that the person to be ar24 rested has committed or is committing a felony; 


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1 ‘‘(C) serve warrants and subpoenas issued 

2 under the authority of the United States; 

3 ‘‘(D) conduct investigations, on and off the 

4 property in question, of offenses that may have 

5 been committed against property owned or oc6 cupied by the Federal Government or persons 

7 on the property; and 

8 ‘‘(E) carry out such other activities for the 

9 promotion of homeland security as the Sec10 retary may prescribe. 

11 ‘‘(3) ADDITIONAL POWER.—An officer or agent 

12 designated under this subsection may carry a fire13 arm on or off duty. 

14 ‘‘(4) TRAINING.—The Secretary shall determine 

15 the minimum level of training or certification for— 

16 ‘‘(A) employees of the Federal Protective 

17 Service including Federal Protective Service law 

18 enforcement officers; 

19 ‘‘(B) protective service guards; and 

20 ‘‘(C) a reliable system will be developed to 

21 track the compliance of protective service 

22 guards with the certifications deemed necessary 

23 by the Secretary. 

24 ‘‘(c) INSPECTIONS.—The Secretary shall inspect Fed25 eral facilities protected by the Federal Protective Service 


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1 for the purpose of determining compliance with Federal 

2 security standards, as determined by the Interagency Se3 curity Committee, and making appropriate risk mitigation 

4 recommendations. 

5 ‘‘(d) SECURITY COUNTERMEASURES.—The Sec6 retary, in consultation with the Administrator of General 

7 Services, shall ensure and supervise the effective design, 

8 procurement, installation, maintenance, and operation of 

9 security countermeasures, including armed contract 

10 guards, electronic physical security systems, and weapons 

11 and explosives screening devices, for a Federal facility pro12 tected by the Federal Protective Service. 

13 ‘‘§ 1333. Full-time equivalent employee requirements 

14 ‘‘(a) IN GENERAL.—The Secretary shall ensure that 

15 the Federal Protective Service shall maintain at any time 

16 not fewer than 1,870 full-time equivalent employees, in17 cluding not fewer than 1,318 in-service field staff. 

18 ‘‘(b) REPORT.—In any fiscal year after fiscal year 

19 2015 in which the number of full-time equivalent employ20 ees of the Federal Protective Service is fewer than the 

21 number of full-time equivalent employees of the Federal 

22 Protective Service in the previous fiscal year, the Sec23 retary shall submit a report to the appropriate congres24 sional committees that provides— 


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1 ‘‘(1) an explanation of the decrease in full-time 

2 equivalent employees; and 

3 ‘‘(2) a revised model of the number of full-time 

4 equivalent employees projected for future fiscal 

5 years. 

6 ‘‘§ 1334. Protective service guards 

7 ‘‘(a) AUTHORITIES FOR PROTECTIVE SERVICE

8 GUARDS.— 

9 ‘‘(1) CARRYING OF FIREARMS.—The Secretary 

10 may authorize protective service guards engaged in 

11 the protection of buildings and grounds that are 

12 owned, occupied, or secured by the General Services 

13 Administration Public Building Service as the Sec14 retary considers necessary in the interests of the 

15 common defense and security to carry firearms to 

16 carry out their official duties. 

17 ‘‘(2) DETENTION WITHOUT A WARRANT.—A 

18 person authorized to carry firearms under this sub19 section may, while in the performance of, and in 

20 connection with, official duties, detain an individual 

21 without a warrant for any offense against the 

22 United States committed in that person’s presence 

23 or for any felony cognizable under the laws of the 

24 United States if that person has reasonable grounds 

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1 mitted or is committing such felony. The detention 

2 authority conferred by this paragraph is in addition 

3 to any detention authority under other laws. 

4 ‘‘(b) LIMITATIONS.—The following limitations apply: 

5 ‘‘(1) A protective service guard authorized to 

6 carry firearms under this section may detain an in7 dividual only when the individual to be detained is 

8 within, or in direct flight from, the area of such of9 fense. 

10 ‘‘(2) A person granted authority to make ar11 rests by this section may exercise that authority only 

12 in the enforcement of laws regarding any building 

13 and grounds and all property located in or on that 

14 building and grounds that are owned, occupied, or 

15 secured by the General Services Administration Pub16 lic Building Service. 

17 ‘‘(c) GUIDANCE.—The Secretary, with the approval 

18 of the Attorney General, shall issue guidelines to imple19 ment this section. 

20 ‘‘§ 1335. Compliance of Federal facilities with Federal 

21 security standards 

22 ‘‘(a) IN GENERAL.—The Secretary may assess secu23 rity charges to an agency that is the owner or the tenant 

24 of a Federal facility protected by the Federal Protective 


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1 Service in addition to any security charge assessed for the 

2 costs of necessary security countermeasures if— 

3 ‘‘(1) the Secretary, in coordination with the 

4 Interagency Security Committee, determines a Fed5 eral facility to be in noncompliance with Federal se6 curity standards established by the Interagency Se7 curity Committee or a final determination regarding 

8 countermeasures made by the appeals board estab9 lished under section 1336(h); and 

10 ‘‘(2) the Interagency Security Committee or the 

11 Secretary— 

12 ‘‘(A) provided notice to that agency and 

13 the Facility Security Committee of— 

14 ‘‘(i) the noncompliance; 

15 ‘‘(ii) the actions necessary to be in 

16 compliance; and 

17 ‘‘(iii) the latest date on which such ac18 tions need to be taken; and 

19 ‘‘(B) the agency is not in compliance by 

20 that date. 

21 ‘‘(b) REPORT ON NONCOMPLIANT FACILITIES.—The 

22 Secretary shall submit a report to the appropriate congres23 sional committees, in a classified manner if necessary, of 

24 any facility determined to be in noncompliance with stand25 ards established by the Interagency Security Committee. 


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1 ‘‘§ 1336. Interagency security committee 

2 ‘‘(a) ESTABLISHMENT.—There is established within 

3 the executive branch the Interagency Security Committee 

4 (in this section referred to as the ‘Committee’) responsible 

5 for the development of safety and security standards and 

6 best practices to mitigate the effects of natural and man7 made hazards in Federal facilities. 

8 ‘‘(b) CHAIRPERSON.—The Committee shall be 

9 chaired by the Secretary or a designee of the Secretary. 

10 The chairpersons shall be responsible for the daily oper11 ations of the Committee and appeals board, final approval 

12 and enforcement of Committee standards, and the promul13 gation of regulations related to Federal facility security 

14 prescribed by the Committee. 

15 ‘‘(c) MEMBERSHIP.— 

16 ‘‘(1) VOTING MEMBERS.—The Committee shall 

17 consist of the following voting members: 

18 ‘‘(A) AGENCY REPRESENTATIVES.—Rep19 resentatives from the following agencies, ap20 pointed by the agency heads: 

21 ‘‘(i) Department of Homeland Secu22 rity. 

23 ‘‘(ii) Department of State. 

24 ‘‘(iii) Department of the Treasury. 

25 ‘‘(iv) Department of Defense. 

26 ‘‘(v) Department of Justice. 


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1 ‘‘(vi) Department of the Interior. 

2 ‘‘(vii) Department of Agriculture. 

3 ‘‘(viii) Department of Commerce. 

4 ‘‘(ix) Department of Labor. 

5 ‘‘(x) Department of Health and 

6 Human Services. 

7 ‘‘(xi) Department of Housing and 

8 Urban Development. 

9 ‘‘(xii) Department of Transportation. 

10 ‘‘(xiii) Department of Energy. 

11 ‘‘(xiv) Department of Education. 

12 ‘‘(xv) Department of Veterans Affairs. 

13 ‘‘(xvi) Environmental Protection 

14 Agency. 

15 ‘‘(xvii) Central Intelligence Agency. 

16 ‘‘(xviii) Office of Management and 

17 Budget. 

18 ‘‘(xix) General Services Administra19 tion. 

20 ‘‘(B) OTHER OFFICERS.—The following 

21 Federal officers or the designees of those offi22 cers: 

23 ‘‘(i) The Director of the United States 

24 Marshals Service. 


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1 ‘‘(ii) The Assistant to the President 

2 for National Security Affairs. 

3 ‘‘(C) JUDICIAL BRANCH REPRESENTA4 TIVES.—A representative from the judicial 

5 branch appointed by the Chief Justice of the 

6 United States. 

7 ‘‘(2) ASSOCIATE MEMBERS.—The Committee 

8 shall include, as associate members who shall be 

9 nonvoting members, representatives from the fol10 lowing agencies, appointed by the agency heads: 

11 ‘‘(A) Federal Aviation Administration. 

12 ‘‘(B) Federal Bureau of Investigation. 

13 ‘‘(C) Federal Deposit Insurance Corpora14 tion. 

15 ‘‘(D) Federal Emergency Management 

16 Agency. 

17 ‘‘(E) Federal Reserve Board. 

18 ‘‘(F) Internal Revenue Service. 

19 ‘‘(G) National Aeronautics and Space Ad20 ministration. 

21 ‘‘(H) National Capital Planning Commis22 sion. 

23 ‘‘(I) National Institute of Standards & 

24 Technology. 

25 ‘‘(J) Nuclear Regulatory Commission. 


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1 ‘‘(K) Office of Personnel Management. 

2 ‘‘(L) Securities and Exchange Commission. 

3 ‘‘(M) Social Security Administration. 

4 ‘‘(N) United States Coast Guard. 

5 ‘‘(O) United States Postal Service. 

6 ‘‘(P) United States Army Corps of Engi7 neers. 

8 ‘‘(Q) Court Services and Offender Super9 vision Agency. 

10 ‘‘(R) Any other Federal officers as the 

11 President shall appoint. 

12 ‘‘(d) WORKING GROUPS.—The Committee may estab13 lish interagency working groups to perform such tasks as 

14 may be directed by the Committee. 

15 ‘‘(e) CONSULTATION.—The Committee shall consult 

16 with other parties, including the Administrative Office of 

17 the United States Courts, to perform its responsibilities. 

18 At the discretion of the Chairperson of the Committee, 

19 such other parties may participate in the working groups. 

20 ‘‘(f) MEETINGS.—The Committee shall, at a min21 imum, meet quarterly. 

22 ‘‘(g) RESPONSIBILITIES.—The Committee shall— 

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1 pose regulations to the Secretary for promulgation 

2 under section 1332(c)(1)— 

3 ‘‘(A) for determining facility security lev4 els, unless the Committee determines that simi5 lar regulations are issued by the Secretary be6 fore the end of that 1-year period; and 

7 ‘‘(B) to establish risk-based performance 

8 standards for the security of Federal facilities, 

9 unless the Committee determines that similar 

10 regulations are issued by the Secretary before 

11 the end of that 1-year period; 

12 ‘‘(2) establish protocols for the testing of the 

13 compliance of Federal facilities with Federal security 

14 standards, including a mechanism for the initial and 

15 recurrent testing of Federal facilities; 

16 ‘‘(3) prescribe regulations to determine min17 imum levels of training and certification of contract 

18 guards; 

19 ‘‘(4) prescribe regulations to establish a list of 

20 prohibited items for entry into Federal facilities; 

21 ‘‘(5) establish minimum requirements and a 

22 process for providing security training for members 

23 of Facility Security Committees (as described in sec24 tion 1337); and 


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1 ‘‘(6) take such actions as may be necessary to 

2 enhance the quality and effectiveness of security and 

3 protection of Federal facilities, including— 

4 ‘‘(A) encouraging agencies with security 

5 responsibilities to share security-related intel6 ligence in a timely and cooperative manner; 

7 ‘‘(B) assessing technology and information 

8 systems as a means of providing cost-effective 

9 improvements to security in Federal facilities; 

10 ‘‘(C) developing construction standards for 

11 those locations with threat levels or missions 

12 that require blast resistant structures or other 

13 specialized security requirements; 

14 ‘‘(D) evaluating standards for the location 

15 of, and special security related to, day care cen16 ters in Federal facilities; and 

17 ‘‘(E) assisting the Secretary in developing 

18 and maintaining a secure centralized security 

19 database of all Federal facilities; and 

20 ‘‘(7) carry out such other duties as assigned by 

21 the President. 

22 ‘‘(h) APPEALS BOARD.— 

23 ‘‘(1) ESTABLISHMENT.—The Committee shall 

24 establish an appeals board to consider appeals from 


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1 any Facility Security Committee, or the Secretary, 

2 of a— 

3 ‘‘(A) facility security level determination; 

4 ‘‘(B) Facility Security Committee decision 

5 to overturn a determination of necessary coun6 termeasures or physical security improvements 

7 if the Secretary considered such a decision a 

8 grave risk to the facility or its occupants; or 

9 ‘‘(C) determination of noncompliance with 

10 Federal facility security standards. 

11 ‘‘(2) FINAL APPEAL.—A decision of the appeals 

12 board is final and shall not be subject to administra13 tive or judicial review. 

14 ‘‘(i) AGENCY SUPPORT AND COOPERATION.— 

15 ‘‘(1) IN GENERAL.—To the extent permitted by 

16 law and subject to the availability of appropriations, 

17 the Secretary shall provide the Committee such ad18 ministrative services, funds, facilities, staff, and 

19 other support services as may be necessary for the 

20 performance of the functions of the Committee 

21 under this subtitle. 

22 ‘‘(2) COOPERATION AND COMPLIANCE.— 

23 ‘‘(A) IN GENERAL.—Each agency shall co24 operate and comply with the policies, standards, 

25 and determinations of the Committee. 


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1 ‘‘(B) SUPPORT.—To the extent permitted 

2 by law and subject to the availability of appro3 priations, agencies shall provide such support as 

4 may be necessary to enable the Committee to 

5 perform the duties and responsibilities of the 

6 Committee. 

7 ‘‘(3) COMPLIANCE.—The Secretary shall be re8 sponsible for monitoring agency compliance with the 

9 policies and determinations of the Committee. 

10 ‘‘(j) AUTHORIZATION.—There are authorized to be 

11 appropriated to the Department such sums as necessary 

12 to carry out the provisions of this section. 

13 ‘‘§ 1337. Facility security committees 

14 ‘‘(a) MAINTENANCE OF FACILITY SECURITY COM15 MITTEES.—Agencies that are tenants at each Federal fa16 cility shall maintain a Facility Security Committee for 

17 that Federal facility. Each agency that is a tenant at a 

18 Federal facility shall provide one employee to serve as a 

19 member of the Facility Security Committee. 

20 ‘‘(b) CHAIRPERSON.— 

21 ‘‘(1) IN GENERAL.—Each Facility Security 

22 Committee shall be headed by a chairperson, elected 

23 by a majority of the members of the Facility Secu24 rity Committee. 


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1 ‘‘(2) RESPONSIBILITIES.—The chairperson shall 

2 be responsible for— 

3 ‘‘(A) maintaining accurate contact infor4 mation for agency tenants and providing that 

5 information, including any updates, to the Fed6 eral Protective Service; 

7 ‘‘(B) setting the agenda for Facility Secu8 rity Committee meetings; 

9 ‘‘(C) referring Facility Security Committee 

10 member questions to Federal Protective Service 

11 for response; 

12 ‘‘(D) reviewing a security assessment com13 pleted by the Federal Protective Service or des14 ignated security organization representatives 

15 and, if requested by the Federal Protective 

16 Service, accompanying the representatives dur17 ing on-site facility security assessments; 

18 ‘‘(E) maintaining an official record of each 

19 meeting; 

20 ‘‘(F) acknowledging receipt of the facility 

21 security assessment from Federal Protective 

22 Service; 

23 ‘‘(G) maintaining records of training of or 

24 waivers for members of the Facility Security 

25 Committee; and 


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1 ‘‘(H) any other duties as determined by 

2 the Interagency Security Committee. 

3 ‘‘(c) TRAINING FOR MEMBERS.— 

4 ‘‘(1) IN GENERAL.—Except as provided under 

5 paragraphs (3) and (4), before serving as a member 

6 of a Facility Security Committee, an employee shall 

7 successfully complete a training course that meets a 

8 minimum standard of training as established by the 

9 Interagency Security Committee. 

10 ‘‘(2) TRAINING.—Training under this sub11 section shall— 

12 ‘‘(A) be provided by the Federal Protective 

13 Service in accordance with standards estab14 lished by the Interagency Security Committee; 

15 ‘‘(B) be commensurate with the facility se16 curity level; and 

17 ‘‘(C) include training relating to— 

18 ‘‘(i) familiarity with published stand19 ards of the Interagency Security Com20 mittee; 

21 ‘‘(ii) physical security criteria for Fed22 eral facilities; 

23 ‘‘(iii) use of physical security perform24 ance measures; 


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1 ‘‘(iv) facility security levels determina2 tions; 

3 ‘‘(v) best practices for safe mail han4 dling; 

5 ‘‘(vi) knowledge of an occupant emer6 gency plan, the facility security assessment 

7 process, and the facility countermeasures 

8 plan; and 

9 ‘‘(vii) the role of the Federal Protec10 tive Service and the General Services Ad11 ministration. 

12 ‘‘(3) WAIVERS.—The training requirement 

13 under this subsection may be waived by the Sec14 retary, the head of a Facility Security Committee, or 

15 the Chairperson of the Interagency Security Com16 mittee if the Secretary, the head of a Facility Secu17 rity Committee, or the Chairperson determines that 

18 an employee has related experience in physical secu19 rity, law enforcement, or infrastructure security dis20 ciplines. 

21 ‘‘(4) INCUMBENT MEMBERS.— 

22 ‘‘(A) IN GENERAL.—This subsection shall 

23 apply to any Facility Security Committee estab24 lished before, on, or after the date of enactment 

25 of FPS Improvement Act of 2014, except that 


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1 any member of a Facility Security Committee 

2 serving on that date shall, during the 1-year pe3 riod following that date— 

4 ‘‘(i) successfully complete a training 

5 course as required under paragraph (1); or 

6 ‘‘(ii) obtain a waiver under paragraph 

7 (3). 

8 ‘‘(d) MEETINGS AND QUORUM.— 

9 ‘‘(1) MEETINGS.—Each Facility Security Com10 mittee shall meet on a quarterly basis, or more fre11 quently if determined appropriate by the chair12 person. 

13 ‘‘(2) QUORUM.—A majority of the members of 

14 a Facility Security Committee shall be present for a 

15 quorum to conduct business. 

16 ‘‘(e) APPEAL.— 

17 ‘‘(1) IN GENERAL.—If a Facility Security Com18 mittee disagrees with a determination of a facility 

19 security level or a determination of noncompliance 

20 with Federal security standards, the Chairperson of 

21 a Facility Security Committee may file an appeal of 

22 the determination with the Interagency Security 

23 Committee appeals board. 


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1 ‘‘(2) DECISION TO APPEAL.—The decision to 

2 file an appeal shall be agreed to by a majority of the 

3 members of a Facility Security Committee. 

4 ‘‘(3) MATTERS SUBJECT TO APPEAL.—A deter5 mination of the Federal Protective Service may be 

6 appealed under this subsection, including any deter7 mination relating to— 

8 ‘‘(A) countermeasure improvements; 

9 ‘‘(B) facility security assessment findings; 

10 and 

11 ‘‘(C) facility security levels.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) REPEAL.—Section 1315 of title 40, United 

14 States Code, is repealed. 

15 (2) TABLE OF SECTIONS.—The table of sections 

16 relating to chapter 13 of title 40, United States 

17 Code, is amended— 

18 (A) by inserting before the item relating to 

19 section 1301 the following: 

‘‘SUBCHAPTER I—GENERAL AUTHORITIES’’; 

20 and 

21 (B) by striking the item relating to section 

22 1315 and adding at the end the following: 

‘‘SUBCHAPTER II—FEDERAL PROTECTIVE SERVICES

‘‘Sec. 

‘‘1331. Definitions. 

‘‘1332. Law enforcement authority of Secretary of Homeland Security for protection of public property. 


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‘‘1333. Full-time equivalent employee requirements. 

‘‘1334. Protective service guards. 

‘‘1335. Compliance of Federal facilities with Federal security standards. 

‘‘1336. Interagency security committee. 

‘‘1337. Facility security committees.’’. 

1 (3) SUBCHAPTER I OF CHAPTER 13.—Chapter 

2 13 of title 40, United States Code, is amended by 

3 inserting before section 1301 the following: 

4 ‘‘SUBCHAPTER I—GENERAL AUTHORITIES’’. 

5 (4) CARRYING CONCEALED FIREARMS.—Section 

6 926B(f) of title 18, United States Code, is amended 

7 by inserting ‘‘a Federal Protective Service law en8 forcement officer,’’ after ‘‘Federal Reserve,’’. 

9 (5) REGULATORY AUTHORITY.—Section 877(a) 

10 of the Homeland Security Act of 2002 (6 U.S.C. 

11 457(a)) is amended by striking ‘‘1706(b)’’ and in12 serting ‘‘1332(b) of title 40, United States Code’’. 

13 (6) CENTRAL INTELLIGENCE AGENCY ACT

14 AMENDMENT.—Section 15 of the Central Intel15 ligence Agency Act of 1949 (50 U.S.C. 3515) is 

16 amended— 

17 (A) in subsection (a)(1) by striking 

18 ‘‘1315(b)(2) of title 40’’ and inserting 

19 ‘‘1332(b)(2) of title 40’’; and 

20 (B) in subsection (b) by striking 

21 ‘‘1315(c)(2) of title 40’’ and inserting 

22 ‘‘1332(c)(2) of title 40’’. 


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1 (7) NATIONAL SECURITY AGENCY ACT AMEND2 MENT.—Section 11 of the National Security Agency 

3 Act of 1959 (50 U.S.C. 3609) is amended— 

4 (A) in subsection (a)(1) by striking 

5 ‘‘1315(b)(2) of title 40’’ and inserting 

6 ‘‘1332(b)(2) of title 40’’; and 

7 (B) in subsection (b) by striking 

8 ‘‘1315(c)(2) of title 40’’ and inserting 

9 ‘‘1332(c)(2) of title 40’’. 

10 SEC. 4. REPORT ON FEDERAL PROTECTIVE SERVICE PER11 SONNEL NEEDS. 

12 Not later than 90 days after the date of enactment 

13 of this Act, the Secretary shall submit a report to the ap14 propriate congressional committees on the personnel needs 

15 of the Federal Protective Service that includes rec16 ommendations on the numbers of Federal Protective Serv17 ice law enforcement officers and the workforce composi18 tion of the Federal Protective Service needed to carry out 

19 the mission of the Federal Protective Service during the 

20 10-fiscal year period beginning after the date of enactment 

21 of this Act. 


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1 SEC. 5. REPORT ON THE FEASIBILITY OF FEDERALIZING 

2 THE PROTECTIVE SERVICE GUARD WORK3 FORCE. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this Act, the Secretary shall submit 

6 to the appropriate congressional committees a report on 

7 the feasibility of federalizing the protective service guard 

8 workforce. 

9 (b) REVIEW AND COMMENT.—The Secretary shall 

10 provide the report prepared under this section to a quali11 fied consultant for review and comment before submitting 

12 the report to the appropriate congressional committees. 

13 The Secretary shall provide the comments of the qualified 

14 consultant to the appropriate congressional committee 

15 with the report. 

16 (c) CONTENTS.—The report under this section shall 

17 include an evaluation of— 

18 (1) converting in its entirety, or in part, the 

19 protective service guard workforce into full-time 

20 Federal employees; 

21 (2) the option of posting a full-time equivalent 

22 Federal protective service law enforcement officer at 

23 each level 3 or 4 Federal facility, as determined by 

24 the Interagency Security Committee, that on the 

25 date of enactment of this Act has a protective serv26 ice guard stationed at the facility; 


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1 (3) the potential increase in security of any op2 tion evaluated under paragraph (1) and (2); 

3 (4) the immediate and projected costs of any 

4 option evaluated under paragraph (1) and (2); 

5 (5) the immediate and projected costs of main6 taining the current level of protective service guards 

7 and full-time Federal Protective Service law enforce8 ment officers; 

9 (6) a comparison of similar conversions of large 

10 groups of contracted workers and potential benefits 

11 and challenges. 

12 SEC. 6. REPORT ON AGENCY FUNDING. 

13 Not later than 180 days after the date of enactment 

14 of this Act, the Secretary shall submit to the appropriate 

15 congressional committees a report on the method of fund16 ing for the Federal Protective Service, which shall include 

17 recommendations regarding whether the Federal Protec18 tive Service should— 

19 (1) continue to be funded by a collection of fees 

20 and security charges; 

21 (2) be funded by appropriations; or 

22 (3) be funded by a combination of fees, security 

23 charges, and appropriations. 


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1 SEC. 7. REPORT ON PREVENTING EXPLOSIVES FROM EN2 TERING FEDERAL FACILITIES. 

3 Not later than one year after the date of enactment 

4 of this Act, the Secretary shall submit a report to the ap5 propriate congressional committees on the feasibility, ef6 fectiveness, safety and privacy implications of the use or 

7 potential use of available methods to detect or prevent ex8 plosives from entering Federal facilities, including the use 

9 of additional canine teams, advanced imaging technology, 

10 or other technology or methods for detecting explosives. 

11 SEC. 8. SAVINGS CLAUSE. 

12 Nothing in this Act, including the amendments made 

13 by this Act, shall be construed to affect— 

14 (1) the authorities under section 566 of title 28, 

15 United States Code; 

16 (2) the authority of any Federal law enforce17 ment agency other than the Federal Protective Serv18 ice; or 

19 (3) any authority of the Federal Protective 

20 Service not specifically enumerated by this Act that 

21 is in effect on the day before the date of enactment 

22 of this Act. 

Æ 


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