text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Federal Protective Service Reform 
  and Enhancement Act of 2010''.
  
  SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL PROTECTIVE SERVICE.
  
      (a) In General.--There is authorized to be appropriated to the 
  Director of the Federal Protective Service $246,000,000 for fiscal year 
  2011 to carry out Federal Protective Service counterterrorism 
  functions, including--
              (1) law enforcement on federally controlled property;
              (2) incident investigations;
              (3) suspect capture and detention;
              (4) 24-hour security alarm monitoring;
              (5) nationwide dispatch services;
              (6) facility security assessments; and
              (7) terrorism prevention.
      (b) Sufficient Funding to Effectively Double the Size of the 
  Federal Protective Service Inspector Force.--In addition to amounts 
  authorized under subsection (a), the Federal Protective Service is 
  authorized 1,200 full-time equivalent positions in the Federal 
  Protective Service inspector force that monitor performance of security 
  personal services procured by contract.
  
  SEC. 3. FEDERAL PROTECTIVE SERVICE AUTHORITY TO CARRY OUT BASIC 
                SECURITY FUNCTIONS.
  
      (a) In General.--Section 1315(a) of title 40, United States Code, 
  is amended by--
              (1) striking ``(a) In General.--'' and inserting the 
          following:
      ``(a) In General.--
              ``(1) Protection of federal property.--''; and
              (2) by adding at the end the following new paragraph:
              ``(2) Authority over gsa properties.--The Secretary, acting 
          through the Federal Protective Service, shall have the lead 
          authority in the executive branch to carry out counterterrorism 
          functions on Federal property managed by the General Services 
          Administration (including property leased by the General 
          Services Administration), including--
                      ``(A) law enforcement on federally controlled 
                  property;
                      ``(B) incident investigations;
                      ``(C) suspect capture and detention;
                      ``(D) 24-hour security alarm monitoring;
                      ``(E) nationwide dispatch services;
                      ``(F) facility security assessments; and
                      ``(G) terrorism prevention.
              ``(3) Agreements with other law enforcement authorities.--
          Nothing in this subsection shall preempt the Federal Protective 
          Service from entering into agreements with other Federal, 
          State, or local law enforcement authorities to provide security 
          or respond to incidents on property that is under the 
          jurisdiction and control of the Administrator of General 
          Services.''.
      (b) Conforming Amendments.--
              (1) Section 1315(g) of title 40, United States Code, is 
          amended by striking ``Nothing'' and inserting ``Subject to 
          subsection (a)(2), nothing''.
              (2) Section 1706(b)(2) of the Homeland Security Act of 2002 
          (40 U.S.C. 1315 note) is amended by striking ``The Secretary'' 
          and inserting ``Subject to subsection (a)(2), the Secretary''.
  
  SEC. 4. STRATEGIC PLAN REQUIREMENT.
  
      (a) In General.--Not later than 180 days after the date of 
  enactment of this Act, the Secretary of Homeland Security shall submit 
  to Congress a 5-year budget outlook and strategic plan for the Federal 
  Protective Service that includes the following:
              (1) Estimates of staffing and associated costs the Federal 
          Protective Service requires in order to provide basic security 
          functions.
              (2) Estimates of staffing and associated costs the Federal 
          Protective Service requires in order to assess the need for 
          and, as appropriate, provide building specific security 
          countermeasures.
              (3) Estimates of staffing and associated cost the Federal 
          Protective Service requires for reimbursable agency-specific 
          security work authorization functions.
              (4) Reviews of the performance of contractor-provided 
          security guards that assesses both quality and cost of 
          individual private contract guard companies performing Federal 
          Protective Service guard functions under contract.
      (b) Updates.--The Secretary shall include an annual update of such 
  plan with the President's annual budget submission to the Congress.
  
  SEC. 5. FACILITY SECURITY RISK ASSESSMENTS.
  
      (a) In General.--The Secretary of Homeland Security, acting through 
  the Director of Federal Protective Service, shall--
              (1) conduct facility security assessments in consultation 
          with the facility security committee established for a 
          facility;
              (2) prepare a report on each assessment, including 
          recommendations of countermeasures against a terrorist attack 
          to ensure the security of the facility concerned; and
              (3) give the facility security committee established for 
          such a facility a 60-day period to review and comment on each 
          report.
      (b) Selection of Recommendations for Implementation.--
              (1) Selection by gsa.--Upon the completion of the period 
          for review and comment under subsection (a)(3)--
                      (A) the Director shall submit the assessment report 
                  to the Administrator of General Services; and
                      (B) the Administrator may select for implementation 
                  any of the recommendations of countermeasures in the 
                  report for implementation.
              (2) Notification of nonselection.--If the Administrator 
          determines that any of the recommendations of countermeasures 
          in a report submitted under paragraph (1) should not be 
          implemented for a facility, the Administrator shall notify the 
          head of each Federal agency in the facility and the facility 
          security committee for the facility that the recommendation 
          will not be implemented, including the reasons why.
              (3) Selection by facility security committee.--If a 
          facility security committee receives notice under paragraph (2) 
          regarding any recommendations, it may select any of the 
          recommendations for implementation.
      (c) Reimbursement.--If any of the recommendations in a report 
  submitted under subsection (a) is selected by the Administrator or a 
  facility security committee under subsection (c) for implementation--
              (1) the Director shall implement the recommendation;
              (2) the Administrator shall allocate to the Federal 
          agencies in that facility the costs incurred by the Federal 
          Protective Service for such implementation; and
              (3) each such agency shall reimburse the Federal Protective 
          Service for the costs allocated to the agency by the 
          Administrator.
      (d) Annual Report.--The Director shall submit an annual report to 
  Congress on the disposition of recommendations included in reports 
  under this section that the Administrator did not select for 
  implementation.
      (e) Facility Security Committee Defined.--In this section the term 
  ``facility security committee'' means a facilities facility security 
  committee established pursuant to the report entitled ``Vulnerability 
  Assessment of Federal Facilities'', issued by the Interagency Security 
  Committee established by Executive Order 12977.
  
  SEC. 6. CONTRACT GUARD STAFF.
  
      (a) Minimum Standards for Training and Annual Recertification.--The 
  Secretary of Homeland Security shall develop minimum standards for 
  training and annual recertification for the Federal Protective 
  Service's contract guards including--
              (1) minimum fitness standards;
              (2) annual recertification on access control policies and 
          control equipment, including x-ray and magnetometer training;
              (3) training in arrest and control procedures;
              (4) training in operation of emergency equipment;
              (5) basic first aid and CPR training and certification;
              (6) weapons training, as applicable; and
              (7) behavior detection training.
      (b) Pilot Program.--
              (1) In general.--Within 1 year after the date of enactment 
          of this Act, the Director shall establish a 3-year pilot 
          program in not less than 3 level IV facilities to test and 
          evaluate--
                      (A) to what extent efficiencies exist in having a 
                  federalized guard staff; and
                      (B) to what extent such a federalized guard staff 
                  provides a measurable improvement in facility or 
                  personnel security.
              (2) Report.--Not later than 120 days before the 
          commencement of the program, the Director shall report to 
          Congress regarding what performance metrics will be considered 
          in measuring improvement in efficiencies and security provided 
          by such a federalized guard staff.
              (3) Monitoring by gao.--The Comptroller General of the 
          United States--
                      (A) shall monitor and review the conduct of the 
                  pilot program; and
                      (B) shall submit to Congress and the Secretary of 
                  Homeland Security an interim report 6 months after the 
                  commencement of the pilot program, and a final report 
                  within 120 days after the conclusion of the pilot 
                  program, that each addresses whether--
                              (i) the Secretary has established 
                          sufficient mechanisms to determine whether the 
                          pilot program provides efficiencies in 
                          protecting Federal facilities;
                              (ii) the pilot program consists of an 
                          adequate sample of level IV facilities; and
                              (iii) there are cost savings and security 
                          enhancements realized by having a federalized 
                          guard force.
  
  SEC. 7. SITE INSPECTIONS.
  
      (a) Right of Entry.--For purposes of carrying out this Act, the 
  Secretary of Homeland Security shall have, on presentation of 
  credentials, a right of entry to, on, or through any property for which 
  security is provided by the Federal Protective Service.
      (b) Inspections and Verifications.--
              (1) In general.--The Secretary shall, at such time and 
          place as the Secretary determines to be reasonable and 
          appropriate, conduct security inspections and verifications for 
          property for which security is provided by the Federal 
          Protective Service.
              (2) Unannounced inspections.--In addition to any inspection 
          conducted pursuant to paragraph (1), the Secretary shall 
          require such properties to undergo unannounced security 
          inspections. The inspections required under this paragraph 
          shall be--
                      (A) conducted without prior notice to the facility;
                      (B) designed to evaluate undergoing inspection--
                              (i) the ability of the Federal Protective 
                          Service security and contract guards to prevent 
                          an incident that applicable security 
                          performance standards are intended to prevent;
                              (ii) the ability of the Federal Protective 
                          Service security and contract guards to protect 
                          against terrorist threats that are required to 
                          be addressed by applicable performance 
                          standards; and
                              (iii) any weaknesses in the security plan 
                          of the facility;
                      (C) conducted so as not to affect the actual 
                  security, physical integrity, or safety of the property 
                  or its employees while the inspection is conducted; and
                      (D) conducted at least--
                              (i) every year in the case of a level IV 
                          facility;
                              (ii) every 2 years in the case of a level 
                          III facility;
                              (iii) every 3 years in the case of a level 
                          II facility; and
                              (iv) every four years in the case of a 
                          level I facility.
      (c) Report.--The Secretary shall report annually with the 
  President's budget submission to Congress on covert testing strategy 
  and results of unannounced inspections under this section.
  
  SEC. 8. PROMOTION OF FEDERAL PROTECTIVE SERVICE TECHNOLOGY AND 
                TRAINING.
  
      (a) In General.--Within 6 months of the date of enactment of this 
  Act, the Director of the Federal Protective Service, in consultation 
  with the Assistant Secretary, Transportation Security Administration, 
  shall publish--
              (1) a list of qualified vendors and a list of qualified 
          products that would promote common standards of deployment of 
          personnel and technology;
              (2) standards for training personnel, among all Federal 
          Protective Service protected properties; and
              (3) best practices for utilizing items on the qualified 
          products list so they are utilized in the most effective 
          manner, including a process to best utilize existing products 
          currently deployed.
      (b) Requirement To Use Lists.--
              (1) In general.--Following the publication of the qualified 
          vendors list and the qualified products list under subsection 
          (a), the Federal Protective Service may not enter into any 
          contractual arrangement for services or products covered by 
          such lists--
                      (A) with any person that is not included on the 
                  qualified vendors list;
                      (B) for procurement of any product that is not 
                  included on the qualified products list; or
                      (C) under which a subcontract may be awarded to a 
                  person that is not included on the qualified vendors 
                  list.
              (2) Limitation on application.--
                      (A) In general.--Paragraph (1) shall not apply to 
                  any contract the Director of the Federal Protective 
                  Service determines to be necessary to carry out the 
                  security missions of the Federal Protective Service.
                      (B) Notification to congress.--The Director shall 
                  notify the Committee on Homeland Security of the House 
                  of Representatives and the Committee on Homeland 
                  Security and Governmental Affairs of the Senate in 
                  writing within 30 days after entering any contract 
                  under this paragraph, setting forth the determination 
                  under subparagraph (A) and the basis for that 
                  determination.
      (c) Cooperative Agreement.--Within 6 months after the date of 
  enactment of this Act, the Secretary of Homeland Security shall require 
  the Assistant Secretary, Transportation Security Administration, the 
  Under Secretary for Science and Technology, and the Under Secretary for 
  National Protection and Programs to enter into a memorandum of 
  understanding, or similar cooperative agreement, pursuant to which the 
  Transportation Security Laboratory will provide the Federal Protective 
  Service with expertise, consultation, exchange of information, and 
  testing for technology covered by the qualified vendors list and the 
  qualified products list required by this section.
  
  SEC. 9. PROHIBITED ITEMS LIST.
  
      (a) In General.--Not later than the end of the 180-day period 
  beginning on the date of enactment of this Act, the Secretary of 
  Homeland Security, acting through the Under Secretary of the National 
  Programs and Protection Directorate and in consultation with 
  Administrator of General Services, shall issue and implement a list of 
  items, including component parts, that are prohibited from being 
  brought into facilities protected by Federal Protective Service, unless 
  specifically authorized on a case-by-case basis by the Secretary or the 
  Secretary's designee.
      (b) Additional Items.--Nothing in this section prohibits a facility 
  security committee from prohibiting items that are not included on such 
  list from being brought into the facility of that committee.
      (c) Failure To Issue List.--If the Secretary of Homeland Security 
  fails to implement a prohibited items list in accordance with 
  subsection (a), then the prohibited items list established by the 
  Transportation Security Administration for civilian aviation shall 
  apply for facilities protected by Federal Protective Service--
              (1) effective upon expiration of the period referred to in 
          subsection (a); and
              (2) until such time as the Secretary, acting through the 
          Under Secretary of the National Programs and Protection 
          Directorate, issues a prohibited items list described in 
          subsection (a).
      (d) Facility Security Committee Defined.--In this section the term 
  ``facility security committee'' means a facility security committee 
  established pursuant to the report entitled ``Vulnerability Assessment 
  of Federal Facilities'', issued by the Interagency Security Committee 
  established by Executive Order 12977.
  
  SEC. 10. REPORT REQUIREMENT.
  
      (a) In General.--Not later than 180 days after the date of 
  enactment of this Act, the Secretary shall submit to Congress the 
  following:
              (1) A strategy for more effectively managing the contract 
          guard program of the Federal Protective Service that ensures 
          there is adequate oversight and monitoring of training for such 
          program.
              (2) A status report on the implementation of the RAMP 
          program, including an estimated date by which it will be fully 
          operational.
              (3) Estimates of the additional manpower, resources, and 
          funding the Federal Protective Service would need in order to 
          provide security for high-profile terror trials in multiple or 
          varying locations.
              (4) A status report on the implementation of the CADIS 
          program, including an estimated date by which it will be fully 
          operational.
              (5) A coordinated strategy for cooperation between the 
          Under Secretary of National Programs and Protection and the 
          Under Secretary for Science and Technology regarding research, 
          development, and deployment of security technology conducted by 
          the Transportation Security Laboratory.
      (b) Definitions.--In this section:
              (1) CADIS program.--The term ``CADIS program'' means the 
          Computer Aided Dispatch Information System of the Federal 
          Protective Service.
              (2) RAMP program.--The term ``RAMP program'' means the Risk 
          Assessment and Management Program of the Federal Protective 
          Service.
target: Federal Protective Service Reform and Enhancement Act of 2010 - Authorizes: (1) appropriations to the Director of the Federal Protective Service (FPS) for FY2011 to carry out counterterrorism functions; and (2) 1,200 full-time equivalent positions in the inspector force that monitor performance of security personal services procured by contract. Grants the Secretary of the Department of Homeland Security (DHS), acting through FPS, lead authority in the executive branch to carry out counterterrorism functions on federal property managed by the General Services Administration (GSA).
  
  Requires the Secretary to submit to Congress a five-year budget outlook and strategic plan for FPS. Requires annual updates. Directs the Secretary, through the Director, to: (1) conduct facility security assessments; (2) prepare a report on each assessment; and (3) give the facility security committee established for such a facility a 60-day period to review and comment on each report. Provides for the selection by GSA of recommendations for implementation.
  
  Requires: (1) the Secretary to develop minimum standards for training and annual recertification for FPS's contract guards; (2) the Director to establish a three-year pilot program in not less than three level IV facilities to test and evaluate to what extent efficiencies exist in having a federalized guard staff and to what extent such a staff provides a measurable improvement in security; and (3) the Comptroller General to monitor and review the program.
  
  Grants the Secretary a right of entry to property for which security is provided by FPS for unannounced inspections. Requires the Secretary to conduct security inspections, including unannounced inspections, of such properties.
  
  Directs the Director to publish: (1) a list of qualified vendors and products that would promote common standards of deployment of personnel and technology; (2) standards for training personnel among all FPS protected properties; and (3) best practices for utilizing items on the qualified products list. Directs the Secretary to issue and implement a list of items that are prohibited from being brought into facilities protected by FPS unless specifically authorized on a case-by-case basis.
feat_title: 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.