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 deter-
mined 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 prepared-
ness and collective response to terrorism, by improving 
the Federal Protective Service, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Protective 
Service Improvement and Accountability Act of 2010’’. 
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SEC. 2. FEDERAL PROTECTIVE SERVICE INSPECTORS AND 
CONTRACT OVERSIGHT FORCE. 
Section 1315 of title 40, United States Code, is 
amended by redesignating subsections (c) through (e) as 
subsections (f) through (h), and by inserting after sub-
section (b) the following new subsections: 
‘‘(c) INSPECTORS.— 
‘‘(1) IN GENERAL.—The Secretary shall main-
tain no fewer than 1,350 full-time equivalent posi-
tions in the Federal Protective Service inspector 
force, who shall be fully trained Federal law enforce-
ment officers. 
‘‘(2) CLASSIFICATION.—The Secretary shall 
classify the positions in the inspector force in the 
following 2 functional categories: 
‘‘(A) FACILITY SECURITY ASSESSMENT.— 
Federal Facility Security Officers, who shall be 
responsible for— 
‘‘(i) performing facility security as-
sessments, including contract guard post 
inspections; 
‘‘(ii) making security countermeasure 
recommendations for facilities; 
‘‘(iii) participating in security training 
and disseminating homeland security infor-
mation, consistent with applicable protocols 
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and protections, to building occupants and 
facility security guards, including contract 
guards; and 
‘‘(iv) assessing, on an ongoing basis, 
the security of each facility protected by 
the Federal Protective Service and the ex-
tent to which security countermeasure rec-
ommendations have been implemented for 
each such facility. 
‘‘(B) SECURITY
ENFORCEMENT
AND
IN-
VESTIGATIONS.—Law enforcement officers, who 
shall be responsible for— 
‘‘(i) patrolling and on-site monitoring 
of the physical security, including perim-
eter security, of each facility; 
‘‘(ii) investigations; and 
‘‘(iii) physical law enforcement in the 
event of a terrorist attack, security inci-
dent, or other incident. 
‘‘(d) CONTRACT OVERSIGHT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish the Federal Protective Service contract oversight 
force, which shall consist of full-time equivalent posi-
tions and who shall be responsible for, in coordina-
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tion with the Federal Protective Service inspector 
force— 
‘‘(A) monitoring contracts, contractors, 
and contract guards provided by contractors; 
‘‘(B) performing annual evaluations of the 
persons holding contracts for supplying contract 
guards to the Federal Protective Service; and 
‘‘(C) verifying that contract guards have 
necessary training and certification. 
‘‘(2) LIMITATION ON PERFORMANCE OF FUNC-
TIONS.—The contract oversight functions described 
in paragraph (1) shall not be performed by law en-
forcement officers or individuals employed pursuant 
to subsection (c). 
‘‘(e) UNIFORM MINIMUM STANDARDS.— 
‘‘(1) IN GENERAL.—Not later than one year 
after the date of enactment of the Federal Protective 
Service Improvement and Accountability Act of 
2010, the Secretary shall establish minimum train-
ing and certification standards for security guard 
services at facilities protected by the Federal Protec-
tive Service. 
‘‘(2) LIMITATION.—Upon establishment of min-
imum training and certification standards, the Sec-
retary, acting through the Director of the Federal 
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Protective Service, shall require that all contracts 
for security guard services comply with these stand-
ards.’’. 
SEC. 3. COMPLIANCE WITH INTERAGENCY SECURITY COM-
MITTEE MINIMUM SECURITY STANDARDS. 
It is the sense of Congress that the security standards 
for Federal facilities established by the Interagency Secu-
rity Committee in the document entitled ‘‘Physical Secu-
rity Criteria for Federal Facilities: An Interagency Secu-
rity Committee Standard’’, as approved by concurrence of 
the Committee membership on April 12, 2010, should be 
implemented for all Federal facilities for which they were 
issued. 
SEC. 4. RESEARCH. 
(a) IN GENERAL.—Within 6 months after the date 
of enactment of this Act, the Secretary of Homeland Secu-
rity, acting through the Director of the Federal Protective 
Service, shall commence a 1-year pilot program to re-
search the advantages of converting guard positions at the 
highest-risk Federal facilities protected by the Federal 
Protective Service from contract guard positions to posi-
tions held by Federal employees. 
(b) REQUIREMENTS.—At a minimum, the Secretary 
shall conduct the research pilot program at one level III 
facility and one level IV facility in each of Federal Protec-
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tive Service regions I, III, V, and VII by hiring individuals 
to fill guard positions at each facility that participates in 
the research pilot in accordance with subsection (c). 
(c) FEDERAL FACILITY SECURITY GUARD POSI-
TION.— 
(1) IN GENERAL.—For purposes of this section, 
and subject to the availability of appropriations, the 
Secretary, acting through the Director, shall estab-
lish and hire individuals for a Federal facility secu-
rity guard position. 
(2) TRAINING.—The Secretary shall provide to 
individuals employed in that position training in— 
(A) performing the physical security for a 
Federal facility, including access point controls 
and security countermeasure operations; 
(B) participating in information sharing 
and dissemination of homeland security infor-
mation, consistent with applicable protocols and 
protections; and 
(C) responding to specific security inci-
dents, including preparing for and responding 
to an act of terrorism, that can occur at Fed-
eral facilities, including response with force if 
necessary. 
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(3) LAW
ENFORCEMENT
OFFICERS
NOT
RE-
QUIRED.—The Secretary may not require that indi-
viduals employed in such position be Federal law en-
forcement officers. 
(d) TEMPORARY ASSIGNMENTS.—The Secretary may 
assign, on a temporary basis, existing personnel employed 
by the Federal Protective Service, on a temporary basis, 
to facilities that participate in the research pilot program 
to perform security guard services in furtherance of the 
pilot program, if the Secretary determines that individuals 
cannot be hired and trained pursuant to subsection (c) in 
a timely manner. 
(e) MAINTENANCE
OF LAW ENFORCEMENT PER-
SONNEL.—Notwithstanding any other provision of this 
section, the Secretary shall maintain at each highest-risk 
Federal facility protected by the Federal Protective Serv-
ice (level III and level IV facilities) such number of Fed-
eral law enforcement officers as is necessary to provide 
arrest authority and law enforcement support at that facil-
ity, including support for the Federal facility security 
guards employed under this section, in the event of a ter-
rorist attack, security incident or other incident. 
(f) GAO REPORTS.—The Comptroller General of the 
United States shall— 
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(1) periodically review and report to Congress 
on the performance by Federal facility security 
guards under the pilot program; and 
(2) upon completion of the pilot program, sub-
mit a final report to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate evaluating whether or not the 
performance of individuals in the Federal facility se-
curity guard positions was satisfactory, that— 
(A) evaluates— 
(i) the extent to which the Federal 
Protective Service ensures that individuals 
serving in the Federal facility security 
guard capacity have the required training 
and certifications before being deployed to 
a Federal facility; 
(ii) the extent to which the Federal 
Protective Service ensures that individuals 
in the Federal facility security guard ca-
pacity comply with post orders once they 
are deployed at Federal facilities; and 
(iii) the extent to which security 
vulnerabilities exist that the Comptroller 
General determines are related to the per-
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formance of the functions of the Federal 
security guard positions; and 
(B) compares such evaluation results 
against the results of previous Comptroller Gen-
eral reports evaluating the performance and 
oversight of the Federal Protective Service’s 
contract guard program. 
(g) IMPLEMENTATION.—If the Comptroller General 
states in the final report under subsection (f)(2) that the 
Federal facility security guards employed in the position 
established under subsection (c) are performing satisfac-
torily, the Secretary shall replace contract guards at all 
highest risk Federal facilities protected by the Federal 
Protective Service (level III and level IV facilities) with 
Federal employees hired as Federal facility security 
guards. 
(h) GAO EVALUATION OF THE FEDERAL PROTEC-
TIVE
SERVICE
FEE-BASED
FUNDING
SYSTEM.—The 
Comptroller General of the United States shall submit to 
the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a review the fee- 
based funding system in use by the Federal Protective 
Service and, as appropriate, issue recommendations for al-
ternative approaches to fund the agency in furtherance of 
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the agency’s operations, including the execution of its 
homeland security and protection missions. The review 
shall include— 
(1) an assessment of the extent to which the 
current fee-based system fully funds the agency’s ac-
tivities; 
(2) an assessment of the extent to which the 
system is properly designed to ensure that the fees 
charged to occupants of facilities guarded by the 
agency are sufficient and appropriate; 
(3) an assessment of the extent to which the 
fee-based system impedes the agency from executing 
its operations and implementing oversight, inspec-
tions, and security enhancements; and 
(4) recommendations, as appropriate, for alter-
ations to the current system and alternative funding 
approaches (including a mix of fees and appropria-
tions). 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for fiscal years 2011, 
2012, and 2013 such sums as are necessary for purposes 
of this section. 
Æ 
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