,i #aadth ,,congress #ast ,session ,h4 ,r4 #cdah ,,in ,,the ,,house ,,of ,,representatives ,july #bi1 #bjae ,mr4 ,thompson of ,mississippi introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to enhance homeland security1 including domestic preparedness and the collective response to terrorism1 by improving the ,federal ,protective ,service1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,protective ,service ,improvement and ,accountability ,act of #bjae4 #b4 ,federal ,protective ,service inspectors and contract oversight force 7a7 ,in general ,section #acae of title #dj1 ,united ,states ,code1 is amended by-- 7#a7 redesignating subsections 7c7 through 7g7 as subsections 7h7 through 7l71 respectively2 and 7#b7 by inserting after subsection 7b7 the following new subsections3 7c7 ,inspectors 7#a7 ,in general ,the ,secretary1 acting through the ,director of the ,federal ,protective ,service1 shall maintain not fewer than #a1hgj full-time equivalent positions in the ,federal ,protective ,service1 with not fewer than #a1cej of such positions designated for fully trained ,federal law enforcement officers4 7#b7 ,classification ,positions in the ,federal ,protective ,service inspector force may be designated as one of two functional categories3 7,a7 ,facility security assessment ,federal ,facility ,security ,officers1 who shall be responsible for-- 7i7 performing facility security assessments at facilities protected by the ,federal ,protective ,service1 including contract guard post inspections2 7ii7 making security countermeasure recommendations for such facilities2 7iii7 participating in security training and disseminating homeland security information1 consistent with applicable protocols and protections1 to occupants and security guards1 including contract guards1 of such facilities2 and 7iv7 assessing1 on an ongoing basis1 the security of such facilities and the extent to which security countermeasure recommendations have been implemented for such facilities4 7,b7 ,security enforcement and investigations ,law enforcement officers1 who shall be responsible for-- 7i7 patrolling and on-site monitoring of the physical security1 including perimeter security1 of facilities protected by the ,federal ,protective ,service2 7ii7 investigations at such facilities2 and 7iii7 physical law enforcement at such facilities in the event of a terrorist attack1 security incident1 or other incident4 7d7 ,contract oversight 7#a7 ,in general ,the ,secretary1 acting through the ,director of the ,federal ,protective ,service1 shall establish the ,federal ,protective ,service contract oversight force1 which shall consist of full-time equivalent positions and who shall be responsible for1 in coordination with the ,federal ,protective ,service inspector force-- 7,a7 monitoring contracts1 contractors1 and contract guards provided by contractors2 7,b7 carrying out annual evaluations of performance by contractors that provide contract guard services to the ,federal ,protective ,service2 and 7,c7 verifying that contract guards have necessary training and certification4 7#b7 ,limitation on performance of functions ,the contract oversight functions described in paragraph 7#a7 may not be performed by law enforcement officers or other individuals employed pursuant to subsection 7c74 7e7 ,uniform minimum standards 7#a7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary1 acting through the ,director of the ,federal ,protective ,service1 shall establish uniform minimum training and certification standards for security guard services at facilities protected by the ,federal ,protective ,service4 7#b7 ,limitation ,upon establishment of minimum training and certification standards pursuant to paragraph 7#a71 the ,secretary1 acting through the ,director of the ,federal ,protective ,service1 shall require that all contracts for security guard services comply with such standards4 7f7 ,verification ,not later than #ahj days after the establishment of minimum training and certification standards for security services pursuant to subsection 7e71 the ,secretary1 acting through the ,director of the ,federal ,protective ,service1 shall establish a process to verify the accuracy of training and certification data maintained by the ,federal ,protective ,service4 7g7 ,covert testing ,the ,secretary shall develop and implement a strategy for using covert-testing data and data on prohibited items to improve screening at facilities protected by the ,federal ,protective ,service4 ,such strategy should1 at a minimum1 require that-- 7#a7 covert-testing data is used to monitor1 review1 and improve performance nationwide2 7#b7 covert-testing data is used to determine which testing scenarios will be implemented or reinstated2 and 7#c7 data on prohibited items are analyzed to determine the reasons for wide variations in the number of reported prohibited-items detected across such facilities and to assist with managing the screening process and informing policy4 4 7b7 ,screener and active shooter training ,not later than #abj days after the date of the enactment of this ,act1 the ,director of the ,federal ,protective ,service shall1 on an ongoing basis1 determine which individuals in guard positions have not successfully completed-- 7#a7 training on the effective utilization of screening equipment1 such as x-ray and magnetometer equipment1 and 7#b7 active shooter scenario-based training1 and provide such training to such individuals4 #c4 ,compliance with ,interagency ,security ,committee minimum security standards 7a7 ,findings ,congress finds the following3 7#a7 ,on ,october #ai1 #aiie1 six months after the ,oklahoma ,city bombing of the ,alfred ,p4 ,murrah ,federal ,building1 ,president ,clinton issued ,executive ,order #abigg1 creating the ,interagency ,security ,committee to address continuing ,government-wide security for ,federal facilities4 ,the ,committee's mandate is to enhance the quality and effectiveness of physical security in1 and the protection of1 non-military ,federal facilities in the ,united ,states1 whether ,government-owned1 -leased1 or -managed4 ,today1 the ,committee is comprised of chief security officers and other senior executives from #ed ,federal agencies and departments4 7#b7 ,on ,september #g1 #bjab1 the primary members of the ,interagency ,security ,committee approved ,the ,risk ,management ,process3 ,an ,interagency ,security ,committee ,standard1 which was issued in ,august #bjac4 7#c7 ,consistent with ,executive ,order #abigg1 ,the ,risk ,management ,process3 ,an ,interagency ,security ,committee ,standard is intended to be applied to all facilities in the ,united ,states occupied by ,federal employees for non-military activities4 ,this standard defines the criteria and processes that those individuals responsible for the security of such a facility should use to determine such a facility's security level1 and provides an integrated1 single source of physical security countermeasures for all such non-military ,federal facilities4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,interagency ,security ,committee standards for ,federal facilities established by the ,interagency ,security ,committee in the document entitled ,the ,risk ,management ,process3 ,an ,interagency ,security ,committee ,standard published in ,august #bjac and successor documents should be utilized1 as appropriate1 to protect all non-military ,federal facilities4 7c7 ,assessment ,the ,secretary of ,homeland ,security 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 an assessment of the degree to which the standards specified in the ,the ,risk ,management ,process3 ,an ,interagency ,security ,committee ,standard1 approved by the ,interagency ,security ,committee1 is utilized by all non-military ,federal facilities and what1 if any1 barriers exist to utilization of such standards4 #d4 ,research 7a7 ,in general ,not later than six months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,director of the ,federal ,protective ,service1 shall commence a one-year pilot program to research the advantages of converting guard positions at the highest-risk ,federal facilities protected by the ,federal ,protective ,service from contract guard positions to positions held by ,federal employees4 7b7 ,requirements ,at a minimum1 the ,secretary of ,homeland ,security shall conduct the pilot program described in subsection 7a7 at one level ,,iii facility and one level ,,iv facility in each of ,federal ,protective ,service regions ,i1 ,,iii1 ,v1 and ,,vii1 by hiring individuals to fill guard positions at each facility that participates in such pilot program in accordance with subsection 7c74 7c7 ,federal facility security guard position 7#a7 ,in general ,for purposes of this section1 and subject to the availability of appropriations for such purpose1 the ,secretary of ,homeland ,security1 acting through the ,director of the ,federal ,protective ,service1 shall establish and hire individuals for a ,federal facility security guard position4 7#b7 ,training ,the ,secretary of ,homeland ,security1 acting through the ,director of the ,federal ,protective ,service1 shall provide to individuals hired pursuant to paragraph 7#a7 training in-- 7,a7 performing the physical security for a ,federal facility1 including access point controls and security countermeasure operations2 7,b7 participating in information sharing and dissemination of homeland security information1 consistent with applicable protocols and protections2 and 7,c7 responding to specific security incidents1 including preparing for and responding to an act of terrorism1 that can occur at a ,federal facility1 including response with force if necessary4 7#c7 ,limitation ,individuals hired pursuant to paragraph 7#a7 may not be ,federal law enforcement officers4 7d7 ,temporary assignments ,the ,secretary of ,homeland ,security may assign1 on a temporary basis1 existing personnel employed by the ,federal ,protective ,service1 on a temporary basis1 to facilities that participate in the pilot program described in subsection 7a7 to perform security guard services under subsection 7c7 in furtherance of the such program1 if the ,secretary determines that individuals cannot be hired and trained pursuant to such subsection in a timely manner4 7e7 ,maintenance of law enforcement personnel ,notwithstanding any other provision of this section1 the ,secretary of ,homeland ,security1 acting through the ,director of the ,federal ,protective ,service1 shall maintain at each level ,,iii and level ,,iv ,federal facility protected by the ,federal ,protective ,service such number of ,federal law enforcement officers as is necessary to provide arrest authority and law enforcement support at each such facility1 including support for ,federal facility security guards hired pursuant to subsection 7c7 at each such facility1 in the event of a terrorist attack1 security incident1 or other incident4 7f7 ,departmental evaluation ,not later than #abj days after the completion of the pilot program described in subsection 7a71 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,comptroller ,general of the ,united ,states a report on such program that includes information on performance1 including screener performance1 of individuals participating in such program1 and presented in a format that is able to be compared to prior covert testing data collected by the ,comptroller ,general regarding contract guard performance4 7g7 ,comptroller ,general report ,not later than #abj days after the receipt of the departmental evaluation under subsection 7f71 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 report that evaluates how the ,department of ,homeland ,security carried out such pilot program1 reviews the ,secretary of ,homeland ,security's evaluation of performance under such subsection1 and1 to the degree practicable1 compares the ,secretary's evaluation with the results of previous ,comptroller ,general reports evaluating the performance and oversight of the ,federal ,protective ,service's contract guard program4 7h7 ,implementation ,unless the ,secretary of ,homeland ,security determines in the evaluation required under subsection 7f7 that overall performance was not acceptable of the individuals participating in the pilot program described in subsection 7a71 the ,secretary1 acting through the ,director of the ,federal ,protective ,service1 shall1 to the degree practicable1 maintain ,federal employees as ,federal facility security guards at all level ,,iii and level ,,iv ,federal facilities protected by the ,federal ,protective ,service4 7i7 ,funding assessment ,the ,secretary of ,homeland ,security 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 an assessment that shall include-- 7#a7 an assessment of the extent to which the current fee-based system adequately funds the ,federal ,protective ,service's programs and activities2 7#b7 an assessment of the appropriateness and adaptability of the structure of the fees charged to occupants of ,federal facilities protected by the ,federal ,protective ,service1 and the degree to which such structure takes into account the actual costs incurred by the ,federal ,protective ,service1 particularly with respect to those instances in which the ,federal ,protective ,service provides heightened security in response to information on current threats2 7#c7 an assessment of the extent to which such fee-based system impedes the ,federal ,protective ,service from executing its operations and implementing oversight1 inspections1 and security enhancements2 7#d7 recommendations1 as appropriate1 for alterations to the current system and alternative funding approaches 7including a mix of fees and appropriations72 and 7#e7 options to mitigate challenges in budgeting1 such as an alternative account structure to increase flexibility1 while maintaining accountability and transparency4 7j7 ,authorization of appropriations ,there are authorized to be appropriated for each of fiscal years #bjaf1 #bjag1 and #bjah such sums as may be necessary to carry out this section4