I 

112TH CONGRESS 

1ST SESSION H. R. 2658 

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

the Federal Protective Service 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 

JULY 26, 2011 

Mr. DANIEL E. LUNGREN of California 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 amend the Homeland Security Act of 2002 to enhance 

the ability of the Federal Protective Service 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’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 2658 IH

1 SEC. 2. AUTHORIZATION OF FEDERAL PROTECTIVE SERV2 ICE. 

3 (a) AUTHORIZATION.—Title II of the Homeland Se4 curity Act of 2002 (6 U.S.C. 121 et seq.) is amended by 

5 adding at the end the following: 

6 ‘‘Subtitle E—Federal Protective 

7 Service 

8 ‘‘SEC. 241. AUTHORIZATION OF FEDERAL PROTECTIVE 

9 SERVICE. 

10 ‘‘(a) AUTHORIZATION.—There shall be in the Depart11 ment the Federal Protective Service. 

12 ‘‘(b) DIRECTOR.—There shall be a Director of the 

13 Federal Protective Service, who shall report to the Under 

14 Secretary responsible for critical infrastructure protection. 

15 ‘‘(c) DUTIES AND AUTHORITIES OF THE DIREC16 TOR.— 

17 ‘‘(1) IN GENERAL.—The Director shall be re18 sponsible for the management and administration of 

19 the Federal Protective Service and the employees 

20 and programs of the Federal Protective Service. 

21 ‘‘(2) MISSION.—The Director shall endeavor to 

22 secure all facilities and surrounding Federal prop23 erty under the protection of the Federal Protective 

24 Service, and safeguard all occupants thereof, includ25 ing Federal employees, officers, and visitors. 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 2658 IH

1 ‘‘(3) ENFORCEMENT POLICY.—The Director 

2 shall establish and direct the implementation of the 

3 policies of the Federal Protective Service, and advise 

4 the Under Secretary responsible for critical infra5 structure protection on policy matters relating to the 

6 protection of facilities. 

7 ‘‘(4) TRAINING.—The Director shall establish a 

8 training program for all employees of the Federal 

9 Protective Service, and all security guards hired by 

10 the Federal Protective Service by contract, with re11 sponsibilities for carrying out the mission of the Di12 rector under paragraph (2). 

13 ‘‘(5) PERSONNEL.—The Director shall make 

14 recommendations for staffing and training necessary 

15 to ensure security for Federal facilities protected by 

16 the Federal Protective Service. 

17 ‘‘(6) INFORMATION SHARING.—The Director 

18 shall ensure effective coordination and liaison with 

19 other Federal law enforcement agencies and State 

20 and local law enforcement agencies regarding threats 

21 to facilities protected by the Federal Protective Serv22 ice and shall share information and intelligence re23 garding such threats in a timely manner through the 

24 Regional Information Sharing Plan and the Home25 land Secure Data Network. 


tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 2658 IH

1 ‘‘(7) SECURITY ASSESSMENTS.—The Director 

2 shall— 

3 ‘‘(A) conduct a security risk assessment 

4 for each Federal facility protected by the Fed5 eral Protective Service; and 

6 ‘‘(B) inspect and patrol such facilities on a 

7 recurring basis for the purpose of detecting and 

8 determining terrorist or criminal activity and 

9 determining compliance with Federal security 

10 standards and making appropriate risk mitiga11 tion recommendations to devalue any such facil12 ity as a terrorist target. 

13 ‘‘(8) EMERGENCY PREPAREDNESS ASSIST14 ANCE.—The Director shall— 

15 ‘‘(A) ensure each facility protected by the 

16 Federal Protective Service has adequate plans 

17 for emergency situations; 

18 ‘‘(B) provide technical assistance to agen19 cies that are the tenant of a facility protected 

20 by the Federal Protective Service in developing 

21 plans described in subparagraph (A); and 

22 ‘‘(C) ensure plans described in subpara23 graph (A) are carried out using standards es24 tablished by the Interagency Security Com25 mittee. 


tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 2658 IH

1 ‘‘(9) SECURITY COUNTERMEASURES.—The Di2 rector shall ensure and supervise the effective de3 sign, installation, maintenance, and operation of se4 curity countermeasures (including contract guards, 

5 electronic physical security systems, and weapons 

6 and explosives screening devices) for facilities pro7 tected by the Federal Protective Service. 

8 ‘‘(10) SUITABILITY OF GUARDS.—The Director 

9 shall ensure that— 

10 ‘‘(A) background investigations are con11 ducted for contract guards and building service 

12 contractors employed at facilities protected by 

13 the Federal Protective Service; and 

14 ‘‘(B) each contract guard and building 

15 service contractor is suitable for work in a facil16 ity protected by the Federal Protective Service 

17 before being granted unescorted or recurring 

18 access. 

19 ‘‘(11) TERRORISM PREVENTION.—The Sec20 retary shall ensure security personnel are provided 

21 training in terrorism prevention, including dis22 patching of canine bomb detection teams. 

23 ‘‘(d) RISK MANAGEMENT.—The Under Secretary of 

24 the Department who is responsible for critical infrastruc25 ture protection shall manage risk by utilizing and mainVerDate Mar 15 2010 04:43 Jul 27, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2658.IH H2658

tjames on DSKG8SOYB1PROD with BILLS
6 

•HR 2658 IH

1 taining a risk assessment tool and centralized database in 

2 order to at a minimum— 

3 ‘‘(1) conduct facility security risk assessments; 

4 ‘‘(2) track contract guard posts; and 

5 ‘‘(3) validate contract guard certifications. 

6 ‘‘SEC. 242. REPORT ON MINIMUM FULL-TIME EQUIVALENT 

7 EMPLOYEE REQUIREMENTS. 

8 ‘‘The Secretary shall submit an annual report to the 

9 Committee on Homeland Security of the House of Rep10 resentatives and the Committee on Homeland Security 

11 and Governmental Affairs of the Senate that provides esti12 mates of staffing needs of the Federal Protective Service 

13 for the 5-year period beginning on the date of submission 

14 of the report, including the number of full-time equivalent 

15 employees necessary to fulfill the mission of the Federal 

16 Protective Service. 

17 ‘‘SEC. 243. OVERSIGHT OF CONTRACT GUARD SERVICES. 

18 ‘‘(a) ARMED GUARD TRAINING REQUIREMENTS.— 

19 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

20 after the date of enactment the Federal Protective 

21 Service Reform and Enhancement Act the Director 

22 shall establish minimum training and annual certifi23 cation requirements for all contract guards procured 

24 by the Federal Protective Service. 


tjames on DSKG8SOYB1PROD with BILLS
7 

•HR 2658 IH

1 ‘‘(2) REQUIREMENTS.—Training requirements 

2 under this subsection shall include— 

3 ‘‘(A) at least 16 hours of instruction dedi4 cated to x-ray and magnetometer training pro5 vided by the Federal Protective Service before 

6 an armed guard may stand post in a facility 

7 employing x-rays or a magnetometer; and 

8 ‘‘(B) regular and recurring training in— 

9 ‘‘(i) arrest and control procedures; 

10 ‘‘(ii) weapons training if necessary; 

11 ‘‘(iii) operation of emergency equip12 ment; 

13 ‘‘(iv) access control; and 

14 ‘‘(v) cardiopulmonary resuscitation 

15 and basic first aid. 

16 ‘‘(b) TRAINING AND SECURITY ASSESSMENT PRO17 GRAM.— 

18 ‘‘(1) ESTABLISHMENT.—Not later than 180 

19 days after the date of enactment of the Federal Pro20 tective Service Reform and Enhancement Act, the 

21 Director shall establish a program to periodically as22 sess— 

23 ‘‘(A) the training of contract guards for 

24 the security and protection of facilities pro25 tected by the Federal Protective Service; and 


tjames on DSKG8SOYB1PROD with BILLS
8 

•HR 2658 IH

1 ‘‘(B) the security of facilities protected by 

2 the Federal Protective Service. 

3 ‘‘(2) PROGRAM.—The program under this sub4 section shall include an assessment of— 

5 ‘‘(A) methods to test the training and cer6 tifications of guards; 

7 ‘‘(B) procedures for taking personnel ac8 tions against, or for providing recommendations 

9 regarding, individuals; and 

10 ‘‘(C) a covert testing program, that shall 

11 be conducted without prior notice to the facility 

12 concerned and in a manner that does not affect 

13 the security or safety of the property or employ14 ees, in order to evaluate— 

15 ‘‘(i) the ability of the Federal Protec16 tive Service security and contract guards 

17 to prevent an incident that applicable secu18 rity performance standards are intended to 

19 prevent; and 

20 ‘‘(ii) any weaknesses in the security 

21 plan of a facility. 

22 ‘‘(3) REPORTS.—The Secretary shall annually 

23 submit a report to the Committee on Homeland Se24 curity of the House of Representatives and the Com25 mittee on Homeland Security and Governmental AfVerDate Mar 15 2010 04:43 Jul 27, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2658.IH H2658

tjames on DSKG8SOYB1PROD with BILLS
9 

•HR 2658 IH

1 fairs of the Senate, in a classified manner, if nec2 essary, on the results of the assessment of the overt 

3 and covert testing program of the Federal Protective 

4 Service. 

5 ‘‘SEC. 244. STRATEGIC PLAN REQUIREMENT. 

6 ‘‘(a) IN GENERAL.—Not later than 180 days after 

7 the date of enactment of the Federal Protective Service 

8 Reform and Enhancement Act, the Secretary shall submit 

9 to Congress a 5-year budget outlook and strategic plan 

10 for the Federal Protective Service that includes the fol11 lowing: 

12 ‘‘(1) Estimates of staffing and associated costs 

13 the Federal Protective Service requires in order to 

14 provide counterterrorism and homeland security 

15 functions. 

16 ‘‘(2) Estimates of staffing and associated costs 

17 the Federal Protective Service requires in order to 

18 assess the need for and, as appropriate, provide 

19 building-specific security countermeasures. 

20 ‘‘(3) Estimates of staffing and associated cost 

21 the Federal Protective Service requires for reimburs22 able agency-specific security work authorization 

23 functions. 

24 ‘‘(4) Reviews of the performance of contractor25 provided security guards that assess both quality 


tjames on DSKG8SOYB1PROD with BILLS
10 

•HR 2658 IH

1 and cost of individual private contract guard pro2 viders performing Federal Protective Service guard 

3 functions under contract. 

4 ‘‘(b) UPDATES.—The Secretary shall include an an5 nual update of such plan with the President’s annual 

6 budget submission to the Congress. 

7 ‘‘SEC. 245. PROMOTION OF FEDERAL PROTECTIVE SERVICE 

8 TECHNOLOGY AND TRAINING. 

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

10 of enactment of the Federal Protective Service Reform 

11 and Enhancement Act, the Director of the Federal Protec12 tive Service, in consultation with the Administrator for the 

13 Transportation Security Administration, shall publish— 

14 ‘‘(1) a list of qualified vendors and a list of 

15 qualified products that would promote common 

16 standards of deployment of personnel and tech17 nology; 

18 ‘‘(2) procedures and requirements for the prop19 er administration of the list of qualified vendors and 

20 the list of qualified products as appropriate on a 

21 periodic basis, including— 

22 ‘‘(A) requirements for qualification for in23 clusion on a list; 

24 ‘‘(B) review of such lists at least annually; 

25 and 


tjames on DSKG8SOYB1PROD with BILLS
11 

•HR 2658 IH

1 ‘‘(C) addition of new qualified vendors and 

2 products to such lists removal of any vendors 

3 and products that no longer meet the qualifica4 tion requirements; and 

5 ‘‘(3) best practices for utilizing items on the 

6 qualified products list so they are utilized in the 

7 most effective manner, including a process to best 

8 utilize existing products currently deployed. 

9 ‘‘(b) APPLICATION TO PROCUREMENTS.— 

10 ‘‘(1) IN GENERAL.—After the publication of the 

11 qualified vendors list and the qualified products list 

12 under subsection (a), the Federal Protective Service 

13 may not enter into any contractual arrangement for 

14 services or products covered by such lists— 

15 ‘‘(A) with any person that is not included 

16 on the qualified vendors list; 

17 ‘‘(B) for procurement of any product that 

18 is not included on the qualified products list; or 

19 ‘‘(C) under which a subcontract may be 

20 awarded to a person that is not included on the 

21 qualified vendors list. 

22 ‘‘(2) LIMITATION ON APPLICATION.— 

23 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

24 not apply to any contract the Director of the 

25 Federal Protective Service determines is of a 


tjames on DSKG8SOYB1PROD with BILLS
12 

•HR 2658 IH

1 class of contracts that is not inherent to the se2 curity missions of the Federal Protective Serv3 ice or otherwise conflicts with Federal or State 

4 law. 

5 ‘‘(B) NOTIFICATION TO CONGRESS.—The 

6 Director shall notify the Committee on Home7 land Security of the House of Representatives 

8 and the Committee on Homeland Security and 

9 Governmental Affairs of the Senate in writing 

10 within 30 days after determining for purposes 

11 of subparagraph (A) any class of contracts that 

12 is not inherent to the security missions of the 

13 Federal Protective Service. 

14 ‘‘(c) COOPERATIVE AGREEMENT.—Within 6 months 

15 after the date of enactment of the Federal Protective Serv16 ice Reform and Enhancement Act, the Secretary of Home17 land Security shall require the Assistant Secretary of the 

18 Transportation Security Administration, the Under Sec19 retary for Science and Technology, and the Under Sec20 retary responsible for critical infrastructure protection to 

21 enter into a memorandum of understanding pursuant to 

22 which the Transportation Security Laboratory will provide 

23 the Federal Protective Service with expertise, consultation, 

24 exchange of information, and testing for technology covVerDate Mar 15 2010 04:43 Jul 27, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2658.IH H2658

tjames on DSKG8SOYB1PROD with BILLS
13 

•HR 2658 IH

1 ered by the qualified vendors list and the qualified prod2 ucts list required by this section. 

3 ‘‘SEC. 246. PROHIBITED ITEMS LIST. 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) LIST OF PROHIBITED ITEMS.—Not later 

6 than the end of the 180-day period beginning on the 

7 date of enactment of the Federal Protective Service 

8 Reform and Enhancement Act, the Secretary, acting 

9 through the Under Secretary responsible for critical 

10 infrastructure protection, shall issue and implement 

11 a list of items, including component parts, that are 

12 prohibited from being brought into facilities pro13 tected by the Federal Protective Service, unless an 

14 exemption is granted under paragraph (2). 

15 ‘‘(2) EXEMPTIONS AND EXCEPTIONS.—An ex16 emption or exception to the list of prohibited items 

17 under paragraph (1) may be granted that is tem18 porary and effective for a specific period of time, or 

19 is permanent until rescinded, by— 

20 ‘‘(A) the Secretary; or 

21 ‘‘(B) the Director of the Federal Protective 

22 Service or the Facility Security Committee for 

23 the Federal facility, if authorized by the Sec24 retary. 


tjames on DSKG8SOYB1PROD with BILLS
14 

•HR 2658 IH

1 ‘‘(b) ADDITIONAL ITEMS.—Nothing in this section 

2 prohibits a facility security committee from prohibiting 

3 items that are not included on such list from being 

4 brought into the facility of that committee. 

5 ‘‘(c) FAILURE TO ISSUE LIST.—If the Secretary fails 

6 to implement a prohibited items list in accordance with 

7 subsection (a), then the prohibited items list established 

8 by the Transportation Security Administration for civilian 

9 aviation shall apply for facilities protected by the Federal 

10 Protective Service— 

11 ‘‘(1) effective upon expiration of the period re12 ferred to in subsection (a); and 

13 ‘‘(2) until such time as the Secretary, acting 

14 through the Under Secretary responsible for critical 

15 infrastructure protection, issues a prohibited items 

16 list described in subsection (a). 

17 ‘‘(d) FACILITY SECURITY COMMITTEE DEFINED.—In 

18 this section the term ‘facility security committee’ means 

19 a facility security committee established pursuant to the 

20 report entitled ‘Vulnerability Assessment of Federal Fa21 cilities’, issued by the Interagency Security Committee es22 tablished by Executive Order 12977.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 in section 2 of such Act is amended by adding at the end 

25 of the items relating to title II the following: 

‘‘Subtitle E—Federal Protective Service 


tjames on DSKG8SOYB1PROD with BILLS
15 

•HR 2658 IH

‘‘Sec. 241. Authorization of Federal Protective Service. 

‘‘Sec. 242. Report on minimum full-time equivalent employee requirements. 

‘‘Sec. 243. Oversight of contract guard services. 

‘‘Sec. 244. Strategic plan requirement. 

‘‘Sec. 245. Promotion of Federal Protective Service technology and training. 

‘‘Sec. 246. Prohibited items list.’’. 

1 SEC. 3. FEDERAL PROTECTIVE SERVICE AUTHORITY TO 

2 CARRY OUT COUNTERTERRORISM AND 

3 HOMELAND SECURITY FUNCTIONS. 

4 Section 1315(a) of title 40, United States Code, is 

5 amended by— 

6 (1) striking ‘‘(a) IN GENERAL.—’’ and insert7 ing the following: 

8 ‘‘(a) IN GENERAL.— 

9 ‘‘(1) PROTECTION OF FACILITIES.—For each 

10 Federal facility not subject to security requirements 

11 under Federal laws or regulations, the Secretary, 

12 acting through the Federal Protective Service shall 

13 have the primary authority in the executive branch 

14 for implementing counterterrorism and homeland se15 curity functions to secure any building and all Fed16 eral property located in or on a facility, that is 

17 owned, occupied, or secured by any component of 

18 the Federal Government. 

19 ‘‘(2) AGREEMENTS WITH OTHER LAW EN20 FORCEMENT AUTHORITIES.—Nothing in this sub21 section shall prevent the Federal Protective Service 

22 from entering into agreements with other Federal, 


tjames on DSKG8SOYB1PROD with BILLS
16 

•HR 2658 IH

1 State, or local law enforcement authorities to provide 

2 security or respond to incidents on property that is 

3 owned, occupied, or secured by the Federal Govern4 ment.’’. 

5 SEC. 4. REPORT REQUIREMENT. 

6 Not later than 180 days after the date of enactment 

7 of this Act, the Secretary shall submit to Congress the 

8 following: 

9 (1) A strategy for more effectively managing 

10 the contract guard program of the Federal Protec11 tive Service that ensures there is adequate oversight 

12 and monitoring of training for such program. 

13 (2) A coordinated strategy for cooperation be14 tween the Under Secretary responsible for critical 

15 infrastructure protection and the Under Secretary 

16 for Science and Technology regarding research, de17 velopment, and deployment of security technology 

18 conducted by the Transportation Security Labora19 tory. 

20 (3) A report on retention rates within the Fed21 eral Protective Service contract guard workforce, in22 cluding an assessment of how the retention rate af23 fects the costs and operations of the Federal Protec24 tive Service and the security of facilities. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS