[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 216 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 216

  To authorize the National Institute of Standards and Technology to 
    develop improvements in building and fire codes, standards, and 
 practices to reduce the impact of terrorist and other extreme threats 
to the safety of buildings, their occupants, and emergency responders, 
  and to authorize the Department of Homeland Security to form a task 
force to recommend ways to strengthen standards in the private security 
 industry, stabilize the workforce, and create a safer environment for 
         commercial building and industrial facility occupants.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 23, 2003

  Mr. Edwards introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To authorize the National Institute of Standards and Technology to 
    develop improvements in building and fire codes, standards, and 
 practices to reduce the impact of terrorist and other extreme threats 
to the safety of buildings, their occupants, and emergency responders, 
  and to authorize the Department of Homeland Security to form a task 
force to recommend ways to strengthen standards in the private security 
 industry, stabilize the workforce, and create a safer environment for 
         commercial building and industrial facility occupants.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building Security Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) The terrorist attacks of September 11, 2001, resulted 
        in unprecedented death and destruction, and 2 of the worst 
        building disasters in human history;
            (2) the war on terror is ongoing, and threats to American 
        targets, such as large buildings in the United States, are 
        substantial;
            (3) there are approximately 500 skyscrapers in the United 
        States that are regularly occupied by at least 5000 people, in 
        addition to millions of smaller buildings that see high levels 
        of traffic;
            (4) most buildings have not been built to the standard 
        needed to meet extreme threats, necessitating technological 
        improvements in every aspect of construction, including 
        structural elements, fireproofing, and facade integrity;
            (5) to advance homeland security, the Federal Government is 
        obligated to ensure that building and construction standards 
        are as high as practicable, and that building owners have the 
        resources needed to meet these standards;
            (6) the Federal Government, in its efforts to protect the 
        American people, is responsible for promoting research and 
        development by the public and private sectors that will provide 
        the technical basis for improved building and fire codes, 
        standards, practices, and materials;
            (7) the National Institute of Standards and Technology is 
        in a unique position to work with the appropriate standards-
        developing organizations to help the United States respond to 
        these new challenges, due to--
                    (A) the building and fire expertise in its 
                laboratories and quality program;
                    (B) its long history of working cooperatively with 
                the construction and standards industries;
                    (C) its strong influence on national standards; and
                    (D) its involvement in the assessment of the World 
                Trade Center collapse;
            (8) efforts to pursue innovation and provide practical 
        guidance and tools to building owners, designers, and 
        contractors are necessary to ensure that new materials and 
        practices are widely accepted and used;
            (9) it is in the national interest for the National 
        Institute of Standards and Technology to--
                    (A) accelerate its efforts in helping industry 
                develop the higher building and construction standards 
                that are necessary to heighten the safety of all 
                Americans; and
                    (B) identify the most effective ways to ensure that 
                these new standards are implemented in both existing 
                and new structures;
            (10) as of January 2003, 2,000,000 private security 
        officers throughout the Nation are responsible for ensuring the 
        security of building occupants and must be able to effectively 
        respond to evacuations, crime, terrorist threats, emergencies, 
        and accidents;
            (11) many of these private security officers are not 
        adequately prepared to best assist uniformed services, building 
        tenants, workers, and the public in the event of a natural 
        disaster or terrorism;
            (12) the job turnover rate within the private security 
        industry is as high as 300 percent per year;
            (13) a recent study found that more than \1/2\ of the 
        States are--
                    (A) failing to set standards for the training and 
                screening of private security officers; and
                    (B) not providing adequate oversight of the private 
                security industry;
            (14) without proper guidelines and standards, the private 
        security industry cannot adequately provide the security 
        necessary in the current global environment;
            (15) the Federal Government, in its efforts to protect the 
        American people, is responsible for enabling a proper review of 
        the private security industry and developing a means of 
        ensuring the industry's improvement; and
            (16) it is in the national interest for the Department of 
        Homeland Security to create a private security review task 
        force, comprised of industry, union, government, and law 
        enforcement leaders, to help establish strong guidelines and 
        incentives for States, and to provide the needed structure for 
        training and workforce stability.

SEC. 3. HOMELAND SECURITY BUILDING AND FIRE RESEARCH AND DEVELOPMENT 
              PROGRAM.

    (a) Establishment.--
            (1) In general.--The Director of the National Institute of 
        Standards and Technology (referred to in this section as the 
        ``Director'') shall establish a research and development 
        program to--
                    (A) provide the measurements and analysis for 
                improved building and fire codes, standards, and 
                practices; and
                    (B) generate findings and recommendations that can 
                be used to develop improved building and fire codes, 
                and higher construction standards in the United States.
            (2) Consultation.--In carrying out this section, the 
        Director shall--
                    (A) consult, as appropriate, with the various units 
                of the National Institute of Standards and Technology 
                (referred to in this section as the ``Institute''), 
                including the Building and Fire Research Laboratory;
                    (B) build upon ongoing efforts of the Institute and 
                of the private sector; and
                    (C) involve consortia that include government and 
                industry.
    (b) Research Activities.--
            (1) Scientific research.--The Director shall work with 
        industry, trade associations, professional societies, and 
        others to conduct experimentation, analysis, testing, 
        verification, and demonstration of improved tools and practices 
        that identify--
                    (A) improved construction methods and materials 
                relevant to structural fire safety;
                    (B) mitigation of progressive collapse;
                    (C) building and ventilation vulnerability 
                reduction tools;
                    (D) equipment standards for first responders; and
                    (E) other ways to reduce the impact of extreme 
                threats to the safety of buildings, their occupants, 
                and emergency responders.
            (2) Policy research.--The Director shall work with 
        industry, trade associations, professional societies, and 
        others to complete a study of the best methods to ensure full 
        implementation and encourage full compliance with the standards 
        developed in paragraph (1), including--
                    (A) tax incentives;
                    (B) grants to States that adopt those standards; 
                and
                    (C) other appropriate means.
    (c) Dissemination and Technical Assistance Program.--The Director 
shall oversee a dissemination and technical assistance program 
(referred to in this section as the ``DTAP'') to assist with the 
immediate dissemination and implementation of the practices, standards, 
and codes developed by the Institute under subsection (b)(1).
    (d) Publication of Studies.--The Director shall ensure that the 
results and recommendations of the Institute under subsection (b) are 
promptly published for use by the public and private sectors.
    (e) Reports.--
            (1) Initial report.--Not later than 60 days after the date 
        of enactment of this Act, the Director shall submit, to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Science of the House of 
        Representatives, a report detailing the Institute's proposed 
        schedule of studies and results, with anticipated dates of 
        implementation.
            (2) Annual progress reports.--Not later than 1 year after 
        the date of enactment of this Act, and annually thereafter, the 
        Director shall submit a progress report to the committees 
        described under paragraph (1), which summarizes the Institute's 
        activities and determinations under subsection (b).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, the following sums:
            (1) $13,000,000 for fiscal year 2004.
            (2) $9,000,000 for fiscal year 2005.
            (3) $9,000,000 for fiscal year 2006.
            (4) $9,000,000 for fiscal year 2007.

SEC. 4. PRIVATE SECURITY INDUSTRY TASK FORCE.

    (a) Establishment.--The Secretary of the Department of Homeland 
Security (referred to in this section as the ``Secretary'') shall 
establish a Private Security Industry Task Force (referred to in this 
section as the ``Task Force'') to--
            (1) examine the limitations in training, screening, 
        standard-setting, retention, and oversight practice in the 
        private security industry;
            (2) develop structural guidelines and standards of quality 
        for the private security industry; and
            (3) determine the best way to help States to implement such 
        standards and guidelines in a timely and efficient manner.
    (b) Membership.--The Task Force shall be composed of 25 members, 
including members representing--
            (1) private security employers;
            (2) private security employees;
            (3) the private insurance industry;
            (4) the risk consulting industry;
            (5) institutional investors;
            (6) public safety and emergency management professionals;
            (7) building owners and managers;
            (8) commercial building tenants;
            (9) trainers of private security officers;
            (10) police officers;
            (11) firefighters;
            (12) the Office of Employment and Training Administration 
        of the Department of Labor;
            (13) the Office of Justice Programs of the Department of 
        Justice;
            (14) the Department of Homeland Security; and
            (15) State agencies involved in homeland security from 
        different regions of the United States.
    (c) Chair.--
            (1) Appointment.--The Secretary shall appoint a Chair for 
        the Task Force from within the Department of Homeland Security.
            (2) Responsibilities.--The Chair shall oversee all meetings 
        of, and communications from, the Task Force.
    (d) Authorized Activities.--In carrying out the provisions of this 
Act, the Chair and other members of the Task Force may conduct research 
and coordinate and consult with industry, trade associations, 
professional societies, and institutions of higher learning, and other 
appropriate organizations to--
            (1) examine the limitations in training, screening, 
        standard-setting, retention, and oversight practice in the 
        private security industry;
            (2) develop structural guidelines and standards of quality 
        for the private security industry; and
            (3) determine the best way to help States to implement such 
        standards and guidelines in a timely and efficient manner.
    (e) Semi-Annual Reports.--Not later than 180 days after the date of 
enactment of this Act, and every 180 days thereafter, the Chair shall 
submit a report on the Task Force's activities and determinations under 
subsection (c)(2) to--
            (1) the Committee on Health, Education, Labor, and Pensions 
        of the Senate;
            (2) the Committee on the Judiciary of the Senate;
            (3) the Committee on Education and the Workforce of the 
        House of Representatives; and
            (4) the Committee on the Judiciary of the House of 
        Representatives.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated $500,000 for each of the fiscal years 2004 and 2005 to 
carry out this section.
                                 <all>