I 

111TH CONGRESS 

2D SESSION H. R. 6122 

To enhance homeland security, including domestic preparedness and collective 

response to terrorism, by improving the Federal Protective Service, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2010 

Mr. THOMPSON of Mississippi (for himself, Ms. JACKSON LEE of Texas, and 

Ms. RICHARDSON) 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 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 2010’’. 


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1 SEC. 2. FEDERAL PROTECTIVE SERVICE INSPECTORS AND 

2 CONTRACT OVERSIGHT FORCE. 

3 Section 1315 of title 40, United States Code, is 

4 amended by redesignating subsections (c) through (e) as 

5 subsections (f) through (h), and by inserting after sub6 section (b) the following new subsections: 

7 ‘‘(c) INSPECTORS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall main9 tain no fewer than 1,350 full-time equivalent posi10 tions in the Federal Protective Service inspector 

11 force, who shall be fully trained Federal law enforce12 ment officers. 

13 ‘‘(2) CLASSIFICATION.—The Secretary shall 

14 classify the positions in the inspector force in the 

15 following 2 functional categories: 

16 ‘‘(A) FACILITY SECURITY ASSESSMENT.— 

17 Federal Facility Security Officers, who shall be 

18 responsible for— 

19 ‘‘(i) performing facility security as20 sessments, including contract guard post 

21 inspections; 

22 ‘‘(ii) making security countermeasure 

23 recommendations for facilities; 

24 ‘‘(iii) participating in security training 

25 and disseminating homeland security infor26 mation, consistent with applicable protocols 


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1 and protections, to building occupants and 

2 facility security guards, including contract 

3 guards; and 

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

5 the security of each facility protected by 

6 the Federal Protective Service and the ex7 tent to which security countermeasure rec8 ommendations have been implemented for 

9 each such facility. 

10 ‘‘(B) SECURITY ENFORCEMENT AND IN11 VESTIGATIONS.—Law enforcement officers, who 

12 shall be responsible for— 

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

14 of the physical security, including perim15 eter security, of each facility; 

16 ‘‘(ii) investigations; and 

17 ‘‘(iii) physical law enforcement in the 

18 event of a terrorist attack, security inci19 dent, or other incident. 

20 ‘‘(d) CONTRACT OVERSIGHT.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall estab22 lish the Federal Protective Service contract oversight 

23 force, which shall consist of full-time equivalent posi24 tions and who shall be responsible for, in coordinaVerDate Mar 15 2010 22:24 Sep 15, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6122.IH H6122

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1 tion with the Federal Protective Service inspector 

2 force— 

3 ‘‘(A) monitoring contracts, contractors, 

4 and contract guards provided by contractors; 

5 ‘‘(B) performing annual evaluations of the 

6 persons holding contracts for supplying contract 

7 guards to the Federal Protective Service; and 

8 ‘‘(C) verifying that contract guards have 

9 necessary training and certification. 

10 ‘‘(2) LIMITATION ON PERFORMANCE OF FUNC11 TIONS.—The contract oversight functions described 

12 in paragraph (1) shall not be performed by law en13 forcement officers or individuals employed pursuant 

14 to subsection (c). 

15 ‘‘(e) UNIFORM MINIMUM STANDARDS.— 

16 ‘‘(1) IN GENERAL.—Not later than one year 

17 after the date of enactment of the Federal Protective 

18 Service Improvement and Accountability Act of 

19 2010, the Secretary shall establish minimum train20 ing and certification standards for security guard 

21 services at facilities protected by the Federal Protec22 tive Service. 

23 ‘‘(2) LIMITATION.—Upon establishment of min24 imum training and certification standards, the Sec25 retary, acting through the Director of the Federal 


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1 Protective Service, shall require that all contracts 

2 for security guard services comply with these stand3 ards.’’. 

4 SEC. 3. COMPLIANCE WITH INTERAGENCY SECURITY COM5 MITTEE MINIMUM SECURITY STANDARDS. 

6 It is the sense of Congress that the security standards 

7 for Federal facilities established by the Interagency Secu8 rity Committee in the document entitled ‘‘Physical Secu9 rity Criteria for Federal Facilities: An Interagency Secu10 rity Committee Standard’’, as approved by concurrence of 

11 the Committee membership on April 12, 2010, should be 

12 implemented for all Federal facilities for which they were 

13 issued. 

14 SEC. 4. RESEARCH. 

15 (a) IN GENERAL.—Within 6 months after the date 

16 of enactment of this Act, the Secretary of Homeland Secu17 rity, acting through the Director of the Federal Protective 

18 Service, shall commence a 1-year pilot program to re19 search the advantages of converting guard positions at the 

20 highest-risk Federal facilities protected by the Federal 

21 Protective Service from contract guard positions to posi22 tions held by Federal employees. 

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

24 shall conduct the research pilot program at one level III 

25 facility and one level IV facility in each of Federal ProtecVerDate Mar 15 2010 22:24 Sep 15, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6122.IH H6122

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1 tive Service regions I, III, V, and VII by hiring individuals 

2 to fill guard positions at each facility that participates in 

3 the research pilot in accordance with subsection (c). 

4 (c) FEDERAL FACILITY SECURITY GUARD POSI5 TION.— 

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

7 and subject to the availability of appropriations, the 

8 Secretary, acting through the Director, shall estab9 lish and hire individuals for a Federal facility secu10 rity guard position. 

11 (2) TRAINING.—The Secretary shall provide to 

12 individuals employed in that position training in— 

13 (A) performing the physical security for a 

14 Federal facility, including access point controls 

15 and security countermeasure operations; 

16 (B) participating in information sharing 

17 and dissemination of homeland security infor18 mation, consistent with applicable protocols and 

19 protections; and 

20 (C) responding to specific security inci21 dents, including preparing for and responding 

22 to an act of terrorism, that can occur at Fed23 eral facilities, including response with force if 

24 necessary. 


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1 (3) LAW ENFORCEMENT OFFICERS NOT RE2 QUIRED.—The Secretary may not require that indi3 viduals employed in such position be Federal law en4 forcement officers. 

5 (d) TEMPORARY ASSIGNMENTS.—The Secretary may 

6 assign, on a temporary basis, existing personnel employed 

7 by the Federal Protective Service, on a temporary basis, 

8 to facilities that participate in the research pilot program 

9 to perform security guard services in furtherance of the 

10 pilot program, if the Secretary determines that individuals 

11 cannot be hired and trained pursuant to subsection (c) in 

12 a timely manner. 

13 (e) MAINTENANCE OF LAW ENFORCEMENT PER14 SONNEL.—Notwithstanding any other provision of this 

15 section, the Secretary shall maintain at each highest-risk 

16 Federal facility protected by the Federal Protective Serv17 ice (level III and level IV facilities) such number of Fed18 eral law enforcement officers as is necessary to provide 

19 arrest authority and law enforcement support at that facil20 ity, including support for the Federal facility security 

21 guards employed under this section, in the event of a ter22 rorist attack, security incident or other incident. 

23 (f) GAO REPORTS.—The Comptroller General of the 

24 United States shall— 


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1 (1) periodically review and report to Congress 

2 on the performance by Federal facility security 

3 guards under the pilot program; and 

4 (2) upon completion of the pilot program, sub5 mit a final report to the Committee on Homeland 

6 Security of the House of Representatives and the 

7 Committee on Homeland Security and Governmental 

8 Affairs of the Senate evaluating whether or not the 

9 performance of individuals in the Federal facility se10 curity guard positions was satisfactory, that— 

11 (A) evaluates— 

12 (i) the extent to which the Federal 

13 Protective Service ensures that individuals 

14 serving in the Federal facility security 

15 guard capacity have the required training 

16 and certifications before being deployed to 

17 a Federal facility; 

18 (ii) the extent to which the Federal 

19 Protective Service ensures that individuals 

20 in the Federal facility security guard ca21 pacity comply with post orders once they 

22 are deployed at Federal facilities; and 

23 (iii) the extent to which security 

24 vulnerabilities exist that the Comptroller 

25 General determines are related to the perVerDate Mar 15 2010 22:24 Sep 15, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6122.IH H6122

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1 formance of the functions of the Federal 

2 security guard positions; and 

3 (B) compares such evaluation results 

4 against the results of previous Comptroller Gen5 eral reports evaluating the performance and 

6 oversight of the Federal Protective Service’s 

7 contract guard program. 

8 (g) IMPLEMENTATION.—If the Comptroller General 

9 states in the final report under subsection (f)(2) that the 

10 Federal facility security guards employed in the position 

11 established under subsection (c) are performing satisfac12 torily, the Secretary shall replace contract guards at all 

13 highest risk Federal facilities protected by the Federal 

14 Protective Service (level III and level IV facilities) with 

15 Federal employees hired as Federal facility security 

16 guards. 

17 (h) GAO EVALUATION OF THE FEDERAL PROTEC18 TIVE SERVICE FEE-BASED FUNDING SYSTEM.—The 

19 Comptroller General of the United States shall submit to 

20 the Committee on Homeland Security of the House of 

21 Representatives and the Committee on Homeland Security 

22 and Governmental Affairs of the Senate a review the fee23 based funding system in use by the Federal Protective 

24 Service and, as appropriate, issue recommendations for al25 ternative approaches to fund the agency in furtherance of 


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1 the agency’s operations, including the execution of its 

2 homeland security and protection missions. The review 

3 shall include— 

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

5 current fee-based system fully funds the agency’s ac6 tivities; 

7 (2) an assessment of the extent to which the 

8 system is properly designed to ensure that the fees 

9 charged to occupants of facilities guarded by the 

10 agency are sufficient and appropriate; 

11 (3) an assessment of the extent to which the 

12 fee-based system impedes the agency from executing 

13 its operations and implementing oversight, inspec14 tions, and security enhancements; and 

15 (4) recommendations, as appropriate, for alter16 ations to the current system and alternative funding 

17 approaches (including a mix of fees and appropria18 tions). 

19 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated for fiscal years 2011, 

21 2012, and 2013 such sums as are necessary for purposes 

22 of this section. 

Æ 


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