The Federal Protective Service and Contract Security Guards: A Statutory History and Current Status

^Pr^ep^ar^{ed f}^o^r^M^e^m^b^ers^an^d^Com^mⁱ^t^t^ees^of^C^ong^r^e^ss

The Federal Protective Service (FPS)—within U.S. Immigration Customs Enforcement (ICE) in
the Department of Homeland Security (DHS)—is responsible for protecting federal government
property, personnel, visitors, and customers, including property leased by the General Services
Administration (GSA). FPS currently employs over 15,000 contract security guards to protect
federal property. DHS intends, according to its FY2009 budget justification, to continue the use
of contract security guards to focus FPS activities on maintaining security policy and standards,
conducting building security assessments, and monitoring federal agency compliance with
security standards. P.L. 110-329 (the Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act of 2009) included provisions on FPS maintaining a certain number of police ^th
officers. The 110 Congress also enacted P.L. 110-356 (the Federal Protective Service Guard
Contracting Reform Act of 2008) which addressed the issue of awarding federal contracts to ^th
privately owned contract security guard businesses. The 111 Congress has yet to take any
legislative action on FPS. This report will be updated as developments warrant.

Federal Protective Service Statutory History..................................................................................1
Federal Protective Service Contract Security Guards.....................................................................2
Department of Homeland Security Intended Changes....................................................................4
Author Contact Information............................................................................................................5

The responsibility to protect federal buildings was established in the Federal Works Agency in ¹
June 1948. Specifically, Congress authorized the Federal Works Administrator to appoint
uniformed guards as special policemen with the responsibility of “the policing of public buildings ²
and other areas under the jurisdiction of the Federal Works Agency.” The special policemen were
given the same responsibility as sheriffs and constables on federal property to enforce the laws
enacted for the protection of persons and property, and to prevent “breaches of peace, suppress ³
affrays or unlawful assemblies.”
On June 30, 1949, the Federal Works Agency was abolished, and all of its functions, including the ⁴
protection of federal buildings, were transferred to the General Services Administration (GSA).
In September 1961, Congress authorized the GSA Administrator to appoint non-uniformed
special policemen to: conduct investigations in order to protect property under the control of
GSA; enforce federal law to protect persons and property; and make an arrest without a warrant
for any offense committed upon federal property if a policeman had reason to believe the offense ⁵
was a felony and the person to be arrested was guilty of the felony.
The GSA Administrator formally established the Federal Protective Service (FPS) in January
1971 through GSA Administrative Order 5440.46. FPS, as an official GSA agency, continued to
protect federal property and buildings with both uniformed and non-uniformed policemen.
FPS was transferred to the Department of Homeland Security (DHS), and placed within the U.S.
Immigration and Customs Enforcement (ICE), with enactment of the Homeland Security Act of
2002 (P.L. 107-296). The act required the DHS Secretary to “protect the buildings, grounds, and
property that are owned, occupied, or secured by the Federal Government (including any agency,
instrumentality, or wholly owned or mixed ownership corporation thereof) and persons on the ⁶
property.”
Under current statutory provisions FPS officers are authorized to:
• enforce federal laws and regulations to protect persons and federal property;
• carry firearms;
• make arrests without a warrant for any offense against the United States
committed in the presence of an officer or for any federal felony;
• serve warrants and subpoenas issued under the authority of the United States;

¹^{62 Sta}^t^{. 28}^1.
²^Ibid^.
³^Ibid^.
⁴^{63 Sta}^t^{. 38}^0.
⁵^P^.^L^.^87-²⁷^5,^Se^c^.^5,⁴⁰^U^.^S^.^C^.^§³^18.
⁶⁴⁰^U^.^S^.^C.^§1³¹⁵⁽^a).^T^h^{e DHS}^S^e^cret^ar^y^w^a^{s au}^t^h^o^rⁱ^zed^t^o^d^e^si^gn^at^{e DHS}^em^p^l^o^y^ees,ⁱⁿ^cl^u^dⁱⁿ^g^t^h^{ose t}^r^an^sf^err^e^d
^f^r^o^m^FP^S^,^a^s^of^fⁱ^c^e^r^s^w^{ith re}^spon^sibility^f^o^{r prote}^c^ting^f^e^de^ra^{l prop}^e^r^t^y^{. Som}^e^f^e^de^ra^{l buildi}ⁿ^g^s^{, h}^o^we^v^e^{r, a}^r^e
^prote^c^t^e^d^by^g^u^a^r^ds^w^{ho a}^r^e^{not p}^a^{rt of}^{FPS, s}^u^c^h^a^s^the^bu^ildiⁿ^g^s^of^the^U^.^S.^Sta^t^e^D^e^pa^rtm^e^{nt, w}^hⁱ^c^{h ha}^s^its^owⁿ
^uⁿⁱ^fo^r^m^e^d^l^a^w^eⁿ^fo^r^c^e^m^eⁿ^t^o^ffi^c^e^r^s^.

• conduct investigations, on and off federal property, of offenses that may have
been committed against the federal property or persons on the property; and
• carry out other activities for the promotion of homeland security as the DHS ⁷
Secretary may prescribe.

According to the DHS Inspector General (DHS IG), contract guard services “represent the single ⁸
largest item in the FPS operating budget, with an estimated FY2006 budget of $487 million.”
FPS currently uses approximately 15,000 contract security guards who, along with approximately

950 FPS law enforcement officers, provide security and law enforcement coverage to all GSA ⁹

owned and operated federal property.
FPS contract security guard responsibilities include federal building access control, employee and
visitor identification checks, security equipment monitoring, and roving patrols of the interior and ¹⁰
exterior of federal property. Within the National Capital Region (NCR), contracts with 54
private security guard companies provide approximately 5,700 guards to protect 125 federal
facilities. FPS issues task orders to contract security guard services that detail terms and
conditions under which the contract security guard services are to be provided. Some of these task
orders include the identification of buildings requiring protection, specific guard post locations,
the hours and days of the week each post is to be staffed, whether security guards are to be armed,
and the number of guards at each post.
FPS requires that security guard contractors ensure that their guards are qualified by undergoing
background checks. They must possess required licenses, certifications, and permits. Additionally,
companies that employ contract security guards must comply with performance requirements that
include items such as guard appearance, work hours, supervision, equipment, and record ¹¹
keeping. Contract security guards are also required to undergo training and pass an FPS
administered written examination. The required training, licenses, certification, and permits
include but are not limited to the following tasks and skills:
• background investigation;
• contractor provided basic training;
• contractor provided refresher training;
• Cardiopulmonary Resuscitation (CPR) training and certification;
• domestic violence prevention certification;

⁷^{40 U}^.^S.C^.^§¹³¹⁵⁽^b)⁽²⁾^.
⁸^U^.^{S. D}^e^pa^r^t^m^e^{nt of}^H^o^m^e^la^{nd Se}^c^u^r^ity^{, Of}^fⁱ^c^e^o^f^Iⁿ^s^p^e^c^t^or^G^e^ne^r^a^l,^F^e^d^e^ra^l^P^r^o^t^ectⁱ^{ve S}^e^rvi^{ce Ne}^ed^{s t}^o^Im^p^r^o^{ve i}^t^s
^O^v^e^r^sⁱ^{ght of}^the^C^o^ntr^a^c^t^G^uar^d^Pr^ogr^am^,^O^I^G^-^07-⁰⁵^{, O}^c^to^be^r²⁰^06,^p.^2.
⁹^U^.^{S. D}^e^pa^r^t^m^e^{nt of}^H^o^m^e^la^{nd Se}^c^u^r^ity^{, U}^.^{S. I}^m^mⁱ^g^r^a^{tion a}^{nd C}^u^s^t^om^s^Enf^o^r^c^em^eⁿ^{t, Fe}^de^r^a^l^P^r^o^t^e^c^tiv^e^Se^r^v^ic^e^,
^“^F^is^c^a^l^Y^e^a^r²⁰⁰⁹^C^o^ng^r^e^s^sⁱ^ona^l^J^u^s^tif^ic^a^tion,”^Fe^br^ua^r^y^2008,^p.^3.
¹⁰^U^.^{S. D}^e^pa^r^t^m^e^{nt of}^H^o^m^e^la^{nd Se}^c^u^r^ity^{, Of}^fⁱ^c^e^o^f^Iⁿ^s^p^e^c^t^or^G^e^ne^r^a^l,^F^e^d^e^ra^l^P^r^o^t^ectⁱ^{ve S}^e^rvi^{ce Ne}^ed^{s t}^o^Im^p^r^o^{ve i}^t^s
^O^v^e^r^sⁱ^{ght of}^the^C^o^ntr^a^c^t^G^uar^d^Pr^ogr^am^,^O^I^G^-^07-⁰⁵^{, O}^c^to^be^r²⁰^06,^p.^2.
¹¹^Ibid^.

• FPS provided orientation training;
• contractor provided firearms training;
• firearms qualification;
• annual firearms re-qualification;
• medical screening;
• first aid certification;
• drug screening;
• written exam;
• state weapons permit;
• expandable baton certification; and
• use of magnetometers and X-ray machine.¹²
Following an audit of the NCR’s FPS security guard contracts, the DHS IG concluded that FPS
has become increasingly reliant on its contract guard force, is not adequately monitoring its
security guard contracts, and that contract violations in the NCR exist. Some of the contract
violations included unarmed guards working at armed posts, a guard with felony convictions
being employed by one contractor, and guards without the required security clearances.
Additionally, the DHS IG reported that “these lapses in contractor oversight can result in the
government paying for services it did not receive, loss of monies resulting from contract
deductions due to nonperformance, and placing FPS-protected facilities, employees, and facility ¹³
visitors at risk.”
The ICE Assistant Secretary, Julie L. Myers, received the DHS IG audit prior to its release in
October 2006, and formally responded to the audit’s findings and recommendations. She asserted,
for example, that ICE and FPS will improve their monitoring of the contract security guard
program by increasing the number of ICE and FPS employees trained to oversee the program,
will provide them with better training, and will use the tracking mechanisms to ensure contract ¹⁴
security guard quality assurance.
To address issues associated with the management of FPS security guard contracts, Congress
enacted P.L. 110-356 (the Federal Protective Service Guard Contracting Reform Act of 2008)
which requires the DHS Secretary, acting through the Assistant Secretary of U.S. Immigration
and Customs Enforcement, to establish guidelines that prohibit convicted felons—who own ¹⁵
contract security guard businesses—from being awarded federal security guard contracts.
Additionally, 18 months after the enactment of these ICE guidelines, the Administrator for
Federal Procurement Policy is to report to Congress on establishing similar guidelines for all of ¹⁶
the federal government.

¹²^I^b^id^{., p. 33.}
¹³^I^b^id^{., p. 14.}
¹⁴^I^b^id^{., p. 30.}
¹⁵^P^.^L^.¹¹⁰^-³⁵⁶^,^Sec.²⁽^a)(1^)(A^).
¹⁶^P^.^L^.¹¹^0-³⁵⁶^,^Se^c^.^3.

In FY2009 FPS intends for the physical security of federal property being maintained solely by
contract security guards. DHS intends for FPS to continue maintaining security policy and
standards, conduct building security assessments, and monitor federal agency compliance with ¹⁷
security standards. Also, in FY2009, DHS plans for FPS to continue providing law enforcement ¹⁸
and security services at National Security Special Events (NSSE) that may increase threats at or
in the vicinity of federal facilities. Such events included the 2008 Democratic and Republican ¹⁹
National Nominating Conventions, and the recent inauguration of President Barack Obama.
In FY2007, the Administration realigned its workforce and reduced the number of FPS law
enforcement officers and investigators. A Government Accountability Office (GAO) report,
issued in June 2008, stated that FPS’s staff decreased by approximately 20%, from about 1,400 ²⁰
employees at the end of FY2004 to approximately 1,100 employees at the end of FY2007.
According to the GAO, this reduction in FPS’s staff resulted in the reduction of security at federal ²¹
facilities and increased the risk of crime or terrorist attacks. Finally, GAO stated that the
decision by FPS to eliminate proactive security patrols at federal facilities resulted in FPS law
enforcement personnel not being able to conduct security operation. Such operations involve
inspecting suspicious vehicles, monitoring suspicious individuals, or detecting and deterring ²²
criminal activity in and around federal buildings. The FY2009 justification does not mention a
realignment or reduction of the FPS workforce.
On January 3, 2007, the National Association of Security Companies (NASCO) established and
hosted the first meeting of its Federal Protective Service Working Group. NASCO reportedly
established this working group in response to the increased use of contract security guards by
DHS for the physical security of federal property. This working group is to begin the task-
analysis process for security guards and law enforcement officers for federal and commercial
markets to provide basic “best practices” guidelines for security. NASCO states that the three
primary goals of the working group are to establish the security guard definition, to identify
security functions and tasks, and to validate these functions for contract and training ²³
requirements.

¹⁷^U^.^{S. D}^e^pa^r^t^m^e^{nt of}^H^o^m^e^la^{nd Se}^c^u^r^ity^{, U}^.^{S. I}^m^mⁱ^g^r^a^{tion a}^{nd C}^u^s^t^om^s^Enf^o^r^c^em^eⁿ^{t, Fe}^de^r^a^l^P^r^o^t^e^c^tiv^e^Se^r^v^ic^e^,
^“^F^is^c^a^l^Y^e^a^r²⁰⁰⁹^C^o^ng^r^e^s^sⁱ^ona^l^J^u^s^tif^ic^a^tion,”^p.^4.
¹⁸^Fo^{r i}ⁿ^f^o^rm^atioⁿ^oⁿ^NSSEs,^{see h}^ttp^://w^ww^.u^streas.g^o^v^/^u^sss/ⁿ^sse.sh^t^m^l^{. ICE law}^en^f^o^rce^m^en^{t o}^f^fⁱ^ce^{rs g}^eⁿ^e^rall^y^,^an^d
^F^P^S^o^f^fⁱ^c^e^{rs sp}^eci^fⁱ^cal^l^y^p^a^rtⁱ^cⁱ^p^a^t^edⁱⁿ^p^r^o^vⁱ^dⁱⁿ^{g secu}^ri^t^y^at^t^h^{e recen}^tⁱⁿ^au^gu^ral^cerem^oⁿⁱ^{es i}ⁿ^W^a^shⁱⁿ^gt^on^,^DC,^on
^J^a^nua^r^y^{20, 20}⁰⁹^.
¹⁹^U^.^{S. D}^e^pa^r^t^m^e^{nt of}^H^o^m^e^la^{nd Se}^c^u^r^ity^{, U}^.^{S. I}^m^mⁱ^g^r^a^{tion a}^{nd C}^u^s^t^om^s^Enf^o^r^c^em^eⁿ^{t, Fe}^de^r^a^l^P^r^o^t^e^c^tiv^e^Se^r^v^ic^e^,
^“^F^is^c^a^l^Y^e^a^r²⁰⁰⁹^C^o^ng^r^e^s^sⁱ^ona^l^J^u^s^tif^ic^a^tion,”^p.^5.
²⁰^U^.^{S. G}^o^v^e^rnm^e^nt^A^c^c^ounta^b^ility^O^f^fⁱ^c^e^,^H^o^m^e^{land Se}^c^u^rⁱ^ty^:^The^Fe^de^r^a^{l Pr}^ote^c^tiv^e^Se^r^v^ic^e^Fac^e^s^S^evera^l
^Challeⁿ^g^e^s^T^{hat H}^a^mpe^r^{Its A}^b^ili^ty^{to Pr}^ote^c^t^Fe^de^ral^Fac^ilit^ie^s⁽^W^a^s^hing^{ton: J}^u^ne²⁰⁰⁸⁾^,^p.^12.
²¹^Ibid^.
²²^I^b^id^{., p. 14.}
²³^N^a^tiona^{l A}^s^s^o^cⁱ^a^tion^of^Se^c^u^r^ity^C^o^m^p^aⁿ^ie^s^,^“^N^A^S^C^O^C^r^e^a^t^e^s^Fede^r^a^l^P^r^ote^c^tiv^e^Se^r^v^ic^e^W^o^r^k^ing^G^r^oup,”^pr^e^s^s
^r^e^le^a^s^e^,^J^a^nua^r^y^{3, 20}⁰⁷^.

To address the issues identified by GAO and FPS’s reduction in its workforce, the 110^th Congress
enacted P.L. 110-329 (the Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act of 2009) which requires the Office of Management and Budget and DHS to
fully fund FPS operations through revenue and collections of security fees paid by federal ²⁴
departments and agencies. This security fee collection is intended to ensure that FPS maintains
not fewer than 1,200 full-time equivalent staff and 900 full-time equivalent police officers,
inspectors, area commanders, and special agents.
^S^h^awⁿ^R^e^es^e
^Aⁿ^a^l^ystⁱⁿ^E^m^e^r^ge^nc^y^M^a^na^g^e^m^eⁿ^t^aⁿ^d^H^o^m^e^l^a^nd^Se^c^u^rⁱ^t^y^P^o^lⁱ^c^y
^s^r^ees^e@^cr^s^.^l^o^c.g^o^v^,^7-⁰⁶³⁵

²⁴^P^.^L^.¹¹⁰^-³²⁹^,^T^{itle II, m}^aⁿ^d^a^{tes th}^{at OM}^{B “certify}ⁱⁿ^w^r^itin^g^”^to^th^{e Co}^mm^{ittees o}^f^A^p^p^r^o^p^r^iati^oⁿ^s^o^f^th^{e Sen}^a^te
^a^{nd t}^h^e^H^ous^e^of^Re^pre^s^eⁿ^ta^tiv^e^s^tha^t^F^{PS w}^{ill be}^f^u^lly^f^unde^{d in}^F^Y²⁰⁰^9.