I 

111TH CONGRESS 

2D SESSION H. R. 5053 

To amend the Homeland Security Act of 2002 to enhance the Federal 

Protective Service’s ability to provide adequate security for the prevention 

of terrorist activities and for the promotion of homeland security, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2010 

Mr. DENT (for himself, Mr. KING of New York, Mr. MCCAUL, Mr. AUSTRIA, 

and Mr. OLSON) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To amend the Homeland Security Act of 2002 to enhance 

the Federal Protective Service’s ability to provide adequate security for the prevention of terrorist activities 

and for the promotion of homeland security, 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 Reform and Enhancement Act of 2010’’. 


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1 SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FED2 ERAL PROTECTIVE SERVICE. 

3 (a) IN GENERAL.—There is authorized to be appro4 priated to the Director of the Federal Protective Service 

5 $246,000,000 for fiscal year 2011 to carry out Federal 

6 Protective Service counterterrorism functions, including— 

7 (1) law enforcement on federally controlled 

8 property; 

9 (2) incident investigations; 

10 (3) suspect capture and detention; 

11 (4) 24-hour security alarm monitoring; 

12 (5) nationwide dispatch services; 

13 (6) facility security assessments; and 

14 (7) terrorism prevention. 

15 (b) SUFFICIENT FUNDING TO EFFECTIVELY DOU16 BLE THE SIZE OF THE FEDERAL PROTECTIVE SERVICE

17 INSPECTOR FORCE.—In addition to amounts authorized 

18 under subsection (a), the Federal Protective Service is au19 thorized 1,200 full-time equivalent positions in the Fed20 eral Protective Service inspector force that monitor per21 formance of security personal services procured by con22 tract. 

23 SEC. 3. FEDERAL PROTECTIVE SERVICE AUTHORITY TO 

24 CARRY OUT BASIC SECURITY FUNCTIONS. 

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

26 United States Code, is amended by— 


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1 (1) striking ‘‘(a) IN GENERAL.—’’ and insert2 ing the following: 

3 ‘‘(a) IN GENERAL.— 

4 ‘‘(1) PROTECTION OF FEDERAL PROPERTY.—’’; 

5 and 

6 (2) by adding at the end the following new 

7 paragraph: 

8 ‘‘(2) AUTHORITY OVER GSA PROPERTIES.—The 

9 Secretary, acting through the Federal Protective 

10 Service, shall have the lead authority in the execu11 tive branch to carry out counterterrorism functions 

12 on Federal property managed by the General Serv13 ices Administration (including property leased by the 

14 General Services Administration), including— 

15 ‘‘(A) law enforcement on federally con16 trolled property; 

17 ‘‘(B) incident investigations; 

18 ‘‘(C) suspect capture and detention; 

19 ‘‘(D) 24-hour security alarm monitoring; 

20 ‘‘(E) nationwide dispatch services; 

21 ‘‘(F) facility security assessments; and 

22 ‘‘(G) terrorism prevention. 

23 ‘‘(3) AGREEMENTS WITH OTHER LAW EN24 FORCEMENT AUTHORITIES.—Nothing in this sub25 section shall preempt the Federal Protective Service 


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1 from entering into agreements with other Federal, 

2 State, or local law enforcement authorities to provide 

3 security or respond to incidents on property that is 

4 under the jurisdiction and control of the Adminis5 trator of General Services.’’. 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) Section 1315(g) of title 40, United States 

8 Code, is amended by striking ‘‘Nothing’’ and insert9 ing ‘‘Subject to subsection (a)(2), nothing’’. 

10 (2) Section 1706(b)(2) of the Homeland Secu11 rity Act of 2002 (40 U.S.C. 1315 note) is amended 

12 by striking ‘‘The Secretary’’ and inserting ‘‘Subject 

13 to subsection (a)(2), the Secretary’’. 

14 SEC. 4. STRATEGIC PLAN REQUIREMENT. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 date of enactment of this Act, the Secretary of Homeland 

17 Security shall submit to Congress a 5-year budget outlook 

18 and strategic plan for the Federal Protective Service that 

19 includes the following: 

20 (1) Estimates of staffing and associated costs 

21 the Federal Protective Service requires in order to 

22 provide basic security functions. 

23 (2) Estimates of staffing and associated costs 

24 the Federal Protective Service requires in order to 


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1 assess the need for and, as appropriate, provide 

2 building specific security countermeasures. 

3 (3) Estimates of staffing and associated cost 

4 the Federal Protective Service requires for reimburs5 able agency-specific security work authorization 

6 functions. 

7 (4) Reviews of the performance of contractor8 provided security guards that assesses both quality 

9 and cost of individual private contract guard compa10 nies performing Federal Protective Service guard 

11 functions under contract. 

12 (b) UPDATES.—The Secretary shall include an an13 nual update of such plan with the President’s annual 

14 budget submission to the Congress. 

15 SEC. 5. FACILITY SECURITY RISK ASSESSMENTS. 

16 (a) IN GENERAL.—The Secretary of Homeland Secu17 rity, acting through the Director of Federal Protective 

18 Service, shall— 

19 (1) conduct facility security assessments in con20 sultation with the facility security committee estab21 lished for a facility; 

22 (2) prepare a report on each assessment, in23 cluding recommendations of countermeasures 

24 against a terrorist attack to ensure the security of 

25 the facility concerned; and 


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1 (3) give the facility security committee estab2 lished for such a facility a 60-day period to review 

3 and comment on each report. 

4 (b) SELECTION OF RECOMMENDATIONS FOR IMPLE5 MENTATION.— 

6 (1) SELECTION BY GSA.—Upon the completion 

7 of the period for review and comment under sub8 section (a)(3)— 

9 (A) the Director shall submit the assess10 ment report to the Administrator of General 

11 Services; and 

12 (B) the Administrator may select for im13 plementation any of the recommendations of 

14 countermeasures in the report for implementa15 tion. 

16 (2) NOTIFICATION OF NONSELECTION.—If the 

17 Administrator determines that any of the rec18 ommendations of countermeasures in a report sub19 mitted under paragraph (1) should not be imple20 mented for a facility, the Administrator shall notify 

21 the head of each Federal agency in the facility and 

22 the facility security committee for the facility that 

23 the recommendation will not be implemented, includ24 ing the reasons why. 


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1 (3) SELECTION BY FACILITY SECURITY COM2 MITTEE.—If a facility security committee receives 

3 notice under paragraph (2) regarding any rec4 ommendations, it may select any of the rec5 ommendations for implementation. 

6 (c) REIMBURSEMENT.—If any of the recommenda7 tions in a report submitted under subsection (a) is selected 

8 by the Administrator or a facility security committee 

9 under subsection (c) for implementation— 

10 (1) the Director shall implement the rec11 ommendation; 

12 (2) the Administrator shall allocate to the Fed13 eral agencies in that facility the costs incurred by 

14 the Federal Protective Service for such implementa15 tion; and 

16 (3) each such agency shall reimburse the Fed17 eral Protective Service for the costs allocated to the 

18 agency by the Administrator. 

19 (d) ANNUAL REPORT.—The Director shall submit an 

20 annual report to Congress on the disposition of rec21 ommendations included in reports under this section that 

22 the Administrator did not select for implementation. 

23 (e) FACILITY SECURITY COMMITTEE DEFINED.—In 

24 this section the term ‘‘facility security committee’’ means 

25 a facilities facility security committee established pursuant 


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1 to the report entitled ‘‘Vulnerability Assessment of Fed2 eral Facilities’’, issued by the Interagency Security Com3 mittee established by Executive Order 12977. 

4 SEC. 6. CONTRACT GUARD STAFF. 

5 (a) MINIMUM STANDARDS FOR TRAINING AND AN6 NUAL RECERTIFICATION.—The Secretary of Homeland 

7 Security shall develop minimum standards for training 

8 and annual recertification for the Federal Protective Serv9 ice’s contract guards including— 

10 (1) minimum fitness standards; 

11 (2) annual recertification on access control poli12 cies and control equipment, including x-ray and 

13 magnetometer training; 

14 (3) training in arrest and control procedures; 

15 (4) training in operation of emergency equip16 ment; 

17 (5) basic first aid and CPR training and certifi18 cation; 

19 (6) weapons training, as applicable; and 

20 (7) behavior detection training. 

21 (b) PILOT PROGRAM.— 

22 (1) IN GENERAL.—Within 1 year after the date 

23 of enactment of this Act, the Director shall establish 

24 a 3-year pilot program in not less than 3 level IV 

25 facilities to test and evaluate— 


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1 (A) to what extent efficiencies exist in hav2 ing a federalized guard staff; and 

3 (B) to what extent such a federalized 

4 guard staff provides a measurable improvement 

5 in facility or personnel security. 

6 (2) REPORT.—Not later than 120 days before 

7 the commencement of the program, the Director 

8 shall report to Congress regarding what performance 

9 metrics will be considered in measuring improvement 

10 in efficiencies and security provided by such a fed11 eralized guard staff. 

12 (3) MONITORING BY GAO.—The Comptroller 

13 General of the United States— 

14 (A) shall monitor and review the conduct 

15 of the pilot program; and 

16 (B) shall submit to Congress and the Sec17 retary of Homeland Security an interim report 

18 6 months after the commencement of the pilot 

19 program, and a final report within 120 days 

20 after the conclusion of the pilot program, that 

21 each addresses whether— 

22 (i) the Secretary has established suffi23 cient mechanisms to determine whether the 

24 pilot program provides efficiencies in pro25 tecting Federal facilities; 


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1 (ii) the pilot program consists of an 

2 adequate sample of level IV facilities; and 

3 (iii) there are cost savings and secu4 rity enhancements realized by having a 

5 federalized guard force. 

6 SEC. 7. SITE INSPECTIONS. 

7 (a) RIGHT OF ENTRY.—For purposes of carrying out 

8 this Act, the Secretary of Homeland Security shall have, 

9 on presentation of credentials, a right of entry to, on, or 

10 through any property for which security is provided by the 

11 Federal Protective Service. 

12 (b) INSPECTIONS AND VERIFICATIONS.— 

13 (1) IN GENERAL.—The Secretary shall, at such 

14 time and place as the Secretary determines to be 

15 reasonable and appropriate, conduct security inspec16 tions and verifications for property for which secu17 rity is provided by the Federal Protective Service. 

18 (2) UNANNOUNCED INSPECTIONS.—In addition 

19 to any inspection conducted pursuant to paragraph 

20 (1), the Secretary shall require such properties to 

21 undergo unannounced security inspections. The in22 spections required under this paragraph shall be— 

23 (A) conducted without prior notice to the 

24 facility; 


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1 (B) designed to evaluate undergoing in2 spection— 

3 (i) the ability of the Federal Protec4 tive Service security and contract guards 

5 to prevent an incident that applicable secu6 rity performance standards are intended to 

7 prevent; 

8 (ii) the ability of the Federal Protec9 tive Service security and contract guards 

10 to protect against terrorist threats that are 

11 required to be addressed by applicable per12 formance standards; and 

13 (iii) any weaknesses in the security 

14 plan of the facility; 

15 (C) conducted so as not to affect the ac16 tual security, physical integrity, or safety of the 

17 property or its employees while the inspection is 

18 conducted; and 

19 (D) conducted at least— 

20 (i) every year in the case of a level IV 

21 facility; 

22 (ii) every 2 years in the case of a level 

23 III facility; 

24 (iii) every 3 years in the case of a 

25 level II facility; and 


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1 (iv) every four years in the case of a 

2 level I facility. 

3 (c) REPORT.—The Secretary shall report annually 

4 with the President’s budget submission to Congress on 

5 covert testing strategy and results of unannounced inspec6 tions under this section. 

7 SEC. 8. PROMOTION OF FEDERAL PROTECTIVE SERVICE 

8 TECHNOLOGY AND TRAINING. 

9 (a) IN GENERAL.—Within 6 months of the date of 

10 enactment of this Act, the Director of the Federal Protec11 tive Service, in consultation with the Assistant Secretary, 

12 Transportation Security Administration, shall publish— 

13 (1) a list of qualified vendors and a list of 

14 qualified products that would promote common 

15 standards of deployment of personnel and tech16 nology; 

17 (2) standards for training personnel, among all 

18 Federal Protective Service protected properties; and 

19 (3) best practices for utilizing items on the 

20 qualified products list so they are utilized in the 

21 most effective manner, including a process to best 

22 utilize existing products currently deployed. 

23 (b) REQUIREMENT TO USE LISTS.— 

24 (1) IN GENERAL.—Following the publication of 

25 the qualified vendors list and the qualified products 


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1 list under subsection (a), the Federal Protective 

2 Service may not enter into any contractual arrange3 ment for services or products covered by such lists— 

4 (A) with any person that is not included on 

5 the qualified vendors list; 

6 (B) for procurement of any product that is 

7 not included on the qualified products list; or 

8 (C) under which a subcontract may be 

9 awarded to a person that is not included on the 

10 qualified vendors list. 

11 (2) LIMITATION ON APPLICATION.— 

12 (A) IN GENERAL.—Paragraph (1) shall not 

13 apply to any contract the Director of the Fed14 eral Protective Service determines to be nec15 essary to carry out the security missions of the 

16 Federal Protective Service. 

17 (B) NOTIFICATION TO CONGRESS.—The 

18 Director shall notify the Committee on Home19 land Security of the House of Representatives 

20 and the Committee on Homeland Security and 

21 Governmental Affairs of the Senate in writing 

22 within 30 days after entering any contract 

23 under this paragraph, setting forth the deter24 mination under subparagraph (A) and the basis 

25 for that determination. 


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1 (c) COOPERATIVE AGREEMENT.—Within 6 months 

2 after the date of enactment of this Act, the Secretary of 

3 Homeland Security shall require the Assistant Secretary, 

4 Transportation Security Administration, the Under Sec5 retary for Science and Technology, and the Under Sec6 retary for National Protection and Programs to enter into 

7 a memorandum of understanding, or similar cooperative 

8 agreement, pursuant to which the Transportation Security 

9 Laboratory will provide the Federal Protective Service 

10 with expertise, consultation, exchange of information, and 

11 testing for technology covered by the qualified vendors list 

12 and the qualified products list required by this section. 

13 SEC. 9. PROHIBITED ITEMS LIST. 

14 (a) IN GENERAL.—Not later than the end of the 180- 

15 day period beginning on the date of enactment of this Act, 

16 the Secretary of Homeland Security, acting through the 

17 Under Secretary of the National Programs and Protection 

18 Directorate and in consultation with Administrator of 

19 General Services, shall issue and implement a list of items, 

20 including component parts, that are prohibited from being 

21 brought into facilities protected by Federal Protective 

22 Service, unless specifically authorized on a case-by-case 

23 basis by the Secretary or the Secretary’s designee. 

24 (b) ADDITIONAL ITEMS.—Nothing in this section 

25 prohibits a facility security committee from prohibiting 


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1 items that are not included on such list from being 

2 brought into the facility of that committee. 

3 (c) FAILURE TO ISSUE LIST.—If the Secretary of 

4 Homeland Security fails to implement a prohibited items 

5 list in accordance with subsection (a), then the prohibited 

6 items list established by the Transportation Security Ad7 ministration for civilian aviation shall apply for facilities 

8 protected by Federal Protective Service— 

9 (1) effective upon expiration of the period re10 ferred to in subsection (a); and 

11 (2) until such time as the Secretary, acting 

12 through the Under Secretary of the National Pro13 grams and Protection Directorate, issues a prohib14 ited items list described in subsection (a). 

15 (d) FACILITY SECURITY COMMITTEE DEFINED.—In 

16 this section the term ‘‘facility security committee’’ means 

17 a facility security committee established pursuant to the 

18 report entitled ‘‘Vulnerability Assessment of Federal Fa19 cilities’’, issued by the Interagency Security Committee es20 tablished by Executive Order 12977. 

21 SEC. 10. REPORT REQUIREMENT. 

22 (a) IN GENERAL.—Not later than 180 days after the 

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

24 to Congress the following: 


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1 (1) A strategy for more effectively managing 

2 the contract guard program of the Federal Protec3 tive Service that ensures there is adequate oversight 

4 and monitoring of training for such program. 

5 (2) A status report on the implementation of 

6 the RAMP program, including an estimated date by 

7 which it will be fully operational. 

8 (3) Estimates of the additional manpower, re9 sources, and funding the Federal Protective Service 

10 would need in order to provide security for high-pro11 file terror trials in multiple or varying locations. 

12 (4) A status report on the implementation of 

13 the CADIS program, including an estimated date by 

14 which it will be fully operational. 

15 (5) A coordinated strategy for cooperation be16 tween the Under Secretary of National Programs 

17 and Protection and the Under Secretary for Science 

18 and Technology regarding research, development, 

19 and deployment of security technology conducted by 

20 the Transportation Security Laboratory. 

21 (b) DEFINITIONS.—In this section: 

22 (1) CADIS PROGRAM.—The term ‘‘CADIS pro23 gram’’ means the Computer Aided Dispatch Infor24 mation System of the Federal Protective Service. 


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1 (2) RAMP PROGRAM.—The term ‘‘RAMP pro2 gram’’ means the Risk Assessment and Management 

3 Program of the Federal Protective Service. 

Æ 


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