Sec. 4. Research
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/bill/114/hr/3418/ih/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than six months after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Director of the Federal Protective Service, 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 employees. At a minimum, the Secretary of Homeland Security shall conduct the pilot program described in subsection
(a)at one level III facility and one level IV facility in each of Federal Protective Service regions I, III, V, and VII, by hiring individuals to fill guard positions at each facility that participates in such pilot program in accordance with subsection (c). For purposes of this section, and subject to the availability of appropriations for such purpose, the Secretary of Homeland Security, acting through the Director of the Federal Protective Service, shall establish and hire individuals for a Federal facility security guard position. The Secretary of Homeland Security, acting through the Director of the Federal Protective Service, shall provide to individuals hired pursuant to paragraph
(1)training in— performing the physical security for a Federal facility, including access point controls and security countermeasure operations; participating in information sharing and dissemination of homeland security information, consistent with applicable protocols and protections; and responding to specific security incidents, including preparing for and responding to an act of terrorism, that can occur at a Federal facility, including response with force if necessary. Individuals hired pursuant to paragraph
(1)may not be Federal law enforcement officers. The Secretary of Homeland Security may assign, on a temporary basis, existing personnel employed by the Federal Protective Service, on a temporary basis, to facilities that participate in the pilot program described in subsection
(a)to perform security guard services under subsection
(c)in furtherance of the such program, if the Secretary determines that individuals cannot be hired and trained pursuant to such subsection in a timely manner. Notwithstanding any other provision of this section, the Secretary of Homeland Security, acting through the Director of the Federal Protective Service, 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 facility, including support for Federal facility security guards hired pursuant to subsection
(c)at each such facility, in the event of a terrorist attack, security incident, or other incident. Not later than 120 days after the completion of the pilot program described in subsection (a), the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Comptroller General of the United States a report on such program that includes information on performance, including screener performance, of individuals participating in such program, and presented in a format that is able to be compared to prior covert testing data collected by the Comptroller General regarding contract guard performance. Not later than 120 days after the receipt of the departmental evaluation under subsection (f), 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 program, reviews the Secretary of Homeland Security’s evaluation of performance under such subsection, and, to the degree practicable, 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 program. Unless the Secretary of Homeland Security determines in the evaluation required under subsection
(f)that overall performance was not acceptable of the individuals participating in the pilot program described in subsection (a), the Secretary, acting through the Director of the Federal Protective Service, shall, to the degree practicable, maintain Federal employees as Federal facility security guards at all level III and level IV Federal facilities protected by the Federal Protective Service. 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— an assessment of the extent to which the current fee-based system adequately funds the Federal Protective Service’s programs and activities; an assessment of the appropriateness and adaptability of the structure of the fees charged to occupants of Federal facilities protected by the Federal Protective Service, and the degree to which such structure takes into account the actual costs incurred by the Federal Protective Service, particularly with respect to those instances in which the Federal Protective Service provides heightened security in response to information on current threats; an assessment of the extent to which such fee-based system impedes the Federal Protective Service from executing its operations and implementing oversight, inspections, and security enhancements; recommendations, as appropriate, for alterations to the current system and alternative funding approaches (including a mix of fees and appropriations); and options to mitigate challenges in budgeting, such as an alternative account structure to increase flexibility, while maintaining accountability and transparency. There are authorized to be appropriated for each of fiscal years 2016, 2017, and 2018 such sums as may be necessary to carry out this section.