[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3806 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3806

  To protect Federal employees and visitors, improve the security of 
 Federal facilities and authorize and modernize the Federal Protective 
                                Service.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2010

Mr. Lieberman (for himself, Ms. Collins, Mr. Akaka, and Mr. Voinovich) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To protect Federal employees and visitors, improve the security of 
 Federal facilities and authorize and modernize the Federal Protective 
                                Service.

    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 ``Supporting Employee Competency and 
Updating Readiness Enhancements for Facilities Act of 2010'' or the 
``SECURE Facilities Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Homeland Security of the House 
                of Representatives;
                    (D) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    (E) the Committee on Appropriations of the House of 
                Representatives.
            (2) Director.--The term ``Director'' means the Director of 
        the Federal Protective Service.
            (3) Federal facility.--The term ``Federal facility''--
                    (A) means any building and grounds and all property 
                located in or on that building and grounds, that are 
                owned, occupied or secured by the Federal Government, 
                including any agency, instrumentality or wholly owned 
                or mixed-ownership corporation of the Federal 
                Government; and
                    (B) does not include any building, grounds, or 
                property used for military activities.
            (4) Federal protective service officer.--The term ``Federal 
        protective service officer''--
                    (A) has the meaning given under sections 8331 and 
                8401 of title 5, United States Code; and
                    (B) includes any other employee of the Federal 
                Protective Service designated as a Federal protective 
                service officer by the Secretary.
            (5) Qualified consultant.--The term ``qualified 
        consultant'' means an non-Federal entity with experience in 
        homeland security, infrastructure protection and physical 
        security, Government workforce issues, and Federal human 
        capital policies.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. FEDERAL PROTECTIVE SERVICE.

    (a) In General.--Title II of the Homeland Security Act of 2002 (6 
U.S.C. 121 et seq.) is amended by adding at the end the following:

                ``Subtitle E--Federal Protective Service

``SEC. 241. DEFINITIONS.

    ``In this subtitle:
            ``(1) Agency.--The term `agency' means an executive agency.
            ``(2) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    ``(B) the Committee on Appropriations of the 
                Senate;
                    ``(C) the Committee on Homeland Security of the 
                House of Representatives;
                    ``(D) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    ``(E) the Committee on Appropriations of the House 
                of Representatives.
            ``(3) Director.--The term `Director' means the Director of 
        the Federal Protective Service.
            ``(4) Facility security level.--The term `facility security 
        level'--
                    ``(A) means a rating of each Federal facility based 
                on the analysis of several facility factors that 
                provides a basis for that facility's attractiveness as 
                a target and potential affects or consequences of a 
                criminal or terrorist attack, which then serves as a 
                basis for the implementation of certain levels of 
                security protection; and
                    ``(B) is determined by the Federal Protective 
                Service, or agency authorized to provide all protective 
                services for a facility under the provisions of section 
                263 and guided by Interagency Security Committee 
                standards.
            ``(5) Federal facility.--The term `Federal facility'--
                    ``(A) means any building and grounds and all 
                property located in or on that building and grounds, 
                that are owned, occupied or secured by the Federal 
                Government, including any agency, instrumentality or 
                wholly owned or mixed-ownership corporation of the 
                Federal Government; and
                    ``(B) does not include any building, grounds, or 
                property used for military activities.
            ``(6) Federal facility protected by the federal protective 
        service.--The term `Federal facility protected by the Federal 
        Protective Service'--
                    ``(A) means those facilities owned or leased by the 
                General Services Administration, and other facilities 
                at the discretion of the Secretary; and
                    ``(B) does not include any facility, or portion 
                thereof, which the United States Marshals Service is 
                responsible for under section 566 of title 28, United 
                States Code.
            ``(7) Federal protective service officer.--The term 
        `Federal protective service officer'--
                    ``(A) has the meaning given under sections 8331 and 
                8401 of title 5, United States Code; and
                    ``(B) includes any other employee of the Federal 
                Protective Service designated as a Federal protective 
                service officer by the Secretary.
            ``(8) Infrastructure security canine team.--The term 
        `infrastructure security canine team' means a canine and a 
        Federal protective service officer that are trained to detect 
        explosives or other threats as defined by the Secretary.
            ``(9) In-service field staff.--The term `in-service field 
        staff' means Federal Protective Service law enforcement 
        officers who, while working, are directly engaged on a daily 
        basis protecting and enforcing law at Federal facilities, 
        including police officers, inspectors, area commanders and 
        special agents, and such other equivalent positions as 
        designated by the Secretary.
            ``(10) Security organization.--The term `security 
        organization' means an agency or an internal agency component 
        responsible for security at a specific Federal facility.

``SEC. 242. ESTABLISHMENT.

    ``(a) Establishment.--There is established the Federal Protective 
Service within the Department of Homeland Security.
    ``(b) Mission.--The mission of the Federal Protective Service is to 
render Federal facilities protected by the Federal Protective Service 
safe and secure for Federal employees, officials, and visitors in a 
professional manner.
    ``(c) Director.--The head of the Federal Protective Service shall 
be the Director of the Federal Protective Service. The Director shall 
report to the Under Secretary for the National Protection and Programs 
Directorate.
    ``(d) Duties and Powers of the Director.--
            ``(1) In general.--Subject to the supervision and direction 
        of the Secretary, the Director shall be responsible for the 
        management and administration of the Federal Protective Service 
        and the employees and programs of the Federal Protective 
        Service.
            ``(2) Protection.--The Director shall secure Federal 
        facilities which are protected by the Federal Protective 
        Service, and safeguard all occupants, including Federal 
        employees, officers, and visitors.
            ``(3) Enforcement policy.--The Director shall establish and 
        direct the policies of the Federal Protective Service, and 
        advise the Under Secretary for the National Protection and 
        Programs Directorate on policy matters relating to the Federal 
        Protective Service.
            ``(4) Training.--The Director shall--
                    ``(A) determine the minimum level of training or 
                certification for--
                            ``(i) employees of the Federal Protective 
                        Service; and
                            ``(ii) armed contract security guards; and
                    ``(B) provide training, in coordination with the 
                Interagency Security Committee, to members of a 
                Facility Security Committee.
            ``(5) Investigations.--The Director shall investigate and 
        refer for prosecution the violation of any Federal law relating 
        to the security of Federal facilities protected by the Federal 
        Protective Service.
            ``(6) Inspections.--The Director shall inspect Federal 
        facilities protected by the Federal Protective Service for the 
        purpose of determining compliance with Federal security 
        standards.
            ``(7) Personnel.--The Director shall provide adequate 
        numbers of trained personnel to ensure Federal security 
        standards are met.
            ``(8) Information sharing.--The Director shall provide 
        crime prevention and threat awareness training to tenants of 
        Federal facilities.
            ``(9) Patrol.--The Director shall ensure areas in and 
        around Federal facilities protected by the Federal Protective 
        Service are regularly patrolled by Federal Protective Service 
        officers.

``SEC. 243. FULL-TIME EQUIVALENT EMPLOYEE REQUIREMENTS.

    ``(a) In General.--The Director shall ensure that the Federal 
Protective Service maintains not fewer than--
            ``(1) 1,350 full-time equivalent employees, including not 
        fewer than 950 in-service field staff in fiscal year 2011;
            ``(2) 1,500 full-time equivalent employees, including not 
        fewer than 1,025 in-service field staff in fiscal year 2012;
            ``(3) 1,600 full-time equivalent employees, including not 
        fewer than 1,075 in-service field staff in fiscal year 2013; 
        and
            ``(4) 1,700 full-time equivalent employees, including not 
        fewer than 1,125 in-service field staff in fiscal year 2014.
    ``(b) Minimum Full-Time Equivalent Employee Level.--
            ``(1) In general.--The Director shall ensure that the 
        Federal Protective Service shall maintain at any time not fewer 
        than 1,200 full-time equivalent employees, including not fewer 
        than 900 in-service field staff.
            ``(2) Report.--In any fiscal year after fiscal year 2014 in 
        which the number of full-time equivalent employees of the 
        Federal Protective Service is fewer than the number of full-
        time equivalent employees of the Federal Protective Service in 
        the previous fiscal year, the Director shall submit a report to 
        the appropriate congressional committees that provides--
                    ``(A) an explanation of the decrease in full-time 
                equivalent employees; and
                    ``(B) a revised model of the number of full-time 
                equivalent employees projected for future fiscal years.

``SEC. 244. OVERSIGHT OF CONTRACT GUARD SERVICES.

    ``(a) Armed Guard Training Requirements.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of the Supporting Employee Competency and Updating 
        Readiness Enhancements for Facilities Act of 2010, the Director 
        shall establish minimum training requirements for all armed 
        guards procured by the Federal Protective Service.
            ``(2) Requirements.--Training requirements under this 
        subsection shall include--
                    ``(A) at least 80 hours of instruction before a 
                guard may be deployed, and at least 16 hours of 
                recurrent training on an annual basis thereafter; and
                    ``(B) Federal Protective Service monitoring or 
                provision of the initial training of armed guards 
                procured by the Federal Protective Service of--
                            ``(i) at least 10 percent of the hours of 
                        required instruction in fiscal year 2011;
                            ``(ii) at least 15 percent of the hours of 
                        required instruction in fiscal year 2012;
                            ``(iii) at least 20 percent of the hours of 
                        required instruction in fiscal year 2013; and
                            ``(iv) at least 25 percent of the hours of 
                        required instruction in fiscal year 2014 and 
                        each fiscal year thereafter.
    ``(b) Training and Security Assessment Program.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of the Supporting Employee Competency and 
        Updating Readiness Enhancements for Facilities Act of 2010, the 
        Director shall establish a program to periodically assess--
                    ``(A) the training of guards procured by the 
                Federal Protective Service for the protection of 
                Federal facilities; and
                    ``(B) the security of Federal facilities.
            ``(2) Program.--The program under this subsection shall 
        include an assessment of--
                    ``(A) methods to test the training and 
                certifications of guards;
                    ``(B) a remedial training program for guards;
                    ``(C) procedures for taking personnel actions, 
                including processes for removing individuals who fail 
                to conform to the training or performance requirements 
                of the contract; and
                    ``(D) an overt and covert testing program for the 
                purposes of assessing guard performance and other 
                facility security countermeasures.
            ``(3) Reports.--The Director shall annually submit a report 
        to the appropriate congressional committees, in a classified 
        manner, if necessary, on the results of the assessment of the 
        overt and covert testing program of the Federal Protective 
        Service.
    ``(c) Revision of Guard Manual and Post Orders.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Supporting Employee Competency and Updating 
        Readiness Enhancements for Facilities Act of 2010, the Director 
        shall--
                    ``(A) update the Security Guard Information Manual 
                and post orders for each guard post overseen by the 
                Federal Protective Service; or
                    ``(B) certify to the Secretary that the Security 
                Guard Information Manual and post orders described 
                under subparagraph (A) have been updated during the 1-
                year period preceding the date of enactment of the 
                Supporting Employee Competency and Updating Readiness 
                Enhancements for Facilities Act of 2010.
            ``(2) Review and update.--Beginning with the first calendar 
        year following the date of enactment of the Supporting Employee 
        Competency and Updating Readiness Enhancements for Facilities 
        Act of 2010, and every 2 years thereafter, the Director shall 
        review and update the Security Guard Information Manual and 
        post orders for each guard post overseen by the Federal 
        Protective Service.
    ``(d) Database of Guard Service Contracts.--The Director shall 
establish a database to monitor all contracts for guard services. The 
database shall include information relating to contract performance.

``SEC. 245. INFRASTRUCTURE SECURITY CANINE TEAMS.

    ``(a) In General.--
            ``(1) Increased capacity.--Not later than 180 days after 
        the date of enactment of the Supporting Employee Competency and 
        Updating Readiness Enhancements for Facilities Act of 2010, the 
        Director shall--
                    ``(A) begin to increase the number of 
                infrastructure security canine teams certified by the 
                Federal Protective Service for the purposes of 
                infrastructure-related security by up to 10 canine 
                teams in each of fiscal years 2011 through 2014; and
                    ``(B) encourage State and local governments and 
                private owners of high-risk facilities to strengthen 
                security through the use of highly trained 
                infrastructure security canine teams.
            ``(2) Infrastructure security canine teams.--To the extent 
        practicable, the Director shall increase the number of 
        infrastructure security canine teams by--
                    ``(A) partnering with the Customs and Border 
                Protection Canine Enforcement Program and the Canine 
                Training Center Front Royal, the Transportation 
                Security Administration's National Explosives Detection 
                Canine Team Training Center, or other offices or 
                agencies within the Department with established canine 
                training programs;
                    ``(B) partnering with agencies, State or local 
                government agencies, nonprofit organizations, 
                universities, or the private sector to increase the 
                training capacity for canine detection teams; or
                    ``(C) procuring explosives detection canines 
                trained by nonprofit organizations, universities, or 
                the private sector, if the canines are trained in a 
                manner consistent with the standards and requirements 
                developed under subsection (b) or other criteria 
                developed by the Secretary.
    ``(b) Standards for Infrastructure Security Canine Teams.--
            ``(1) In general.--The Director shall establish criteria, 
        including canine training curricula, performance standards, and 
        other requirements, necessary to ensure that infrastructure 
        security canine teams trained by nonprofit organizations, 
        universities, and private sector entities are adequately 
        trained and maintained.
            ``(2) Expansion.--In developing and implementing the 
        criteria, the Director shall--
                    ``(A) coordinate with key stakeholders, including 
                international, Federal, State, and local government 
                officials, and private sector and academic entities to 
                develop best practice guidelines;
                    ``(B) require that canine teams trained by 
                nonprofit organizations, universities, or private 
                sector entities that are used or made available by the 
                Secretary be trained consistent with the criteria; and
                    ``(C) review the status of the private sector 
                programs on at least an annual basis to ensure 
                compliance with the criteria.
    ``(c) Deployment.--The Director--
            ``(1) shall use the additional canine teams increased under 
        subsection (a) to enhance security at Federal facilities;
            ``(2) may use the additional canine teams increased under 
        subsection (a) on a more limited basis to support other 
        homeland security missions;
            ``(3) may make available canine teams from other agencies 
        within the Department--
                    ``(A) for high-risk areas;
                    ``(B) to address specific threats; or
                    ``(C) on an as-needed basis; and
            ``(4) shall encourage, but not require, any Federal 
        facility under the purview of Federal Protective Service to 
        deploy Federal Protective Service-certified infrastructure 
        security canine teams developed under this section.
    ``(d) Canine Procurement.--The Director, shall ensure that 
infrastructure security canine teams are procured as efficiently as 
possible and at the lowest cost, while maintaining the needed level of 
quality.

``SEC. 246. ADVANCED IMAGING TECHNOLOGY.

    ``(a) In General.--The Secretary, acting through the Director of 
the Federal Protective Service, shall designate 3 Federal facilities 
protected by the Federal Protective Service for the deployment of 
advanced imaging technology.
    ``(b) Privacy Protection.--
            ``(1) Procedures.--The Secretary shall establish procedures 
        that protect the privacy of individuals who are screened with 
        advanced imaging technology.
            ``(2) Prohibition on stored images.--An agency may not 
        store images of individuals screened by advanced imaging 
        technology.
            ``(3) Regulations.--Before the deployment of any advanced 
        imaging technology which generates images of individuals that 
        are viewed by a human operator, the Secretary shall prescribe 
        regulations to protect the privacy of individuals who are 
        screened using that advanced imaging technology.
    ``(c) Coordination.--The Secretary shall coordinate with the 
Administrator of the General Services Administration and the head of 
the relevant agencies in the deployment under subsection (a).
    ``(d) Report.--Not later than 1 year after the implementation of 
this section, the Secretary shall submit a report to the appropriate 
congressional committees that includes--
            ``(1) an analysis of the readiness or use of automatic 
        detection technology for building security;
            ``(2) an evaluation of the lessons learned from the 
        advanced imaging technology implemented under this section;
            ``(3) an analysis of the effect of such implementation on 
        entry into Federal facilities;
            ``(4) an analysis for requirements, including costs, to 
        install and maintain advanced imaging technology; and
            ``(5) an analysis of the privacy protections used under the 
        program.

``SEC. 247. CHECKPOINT DETECTION TECHNOLOGY STANDARDS.

    ``The Under Secretary for the National Protection and Programs 
Directorate, in coordination with the Under Secretary for Science and 
Technology, and in consultation with the Interagency Security 
Committee, shall develop performance-based standards for checkpoint 
detection technologies for explosives and other threats at Federal 
facilities.

``SEC. 248. COMPLIANCE OF FEDERAL FACILITIES WITH FEDERAL SECURITY 
              STANDARDS.

    ``(a) In General.--The Director may assess security charges to an 
agency that is the owner or the tenant of a Federal facility protected 
by the Federal Protective Service in addition to any security charge 
assessed under section 249 for the costs of necessary security 
countermeasures if--
            ``(1) the Director, in coordination with the Interagency 
        Security Committee, determines a Federal facility to be in 
        noncompliance with Federal security standards established by 
        the Interagency Security Committee; and
            ``(2) the Interagency Security Committee or the Director of 
        the Federal Protective Service--
                    ``(A) provided notice to that agency and the 
                Facility Security Committee of--
                            ``(i) the noncompliance;
                            ``(ii) the actions necessary to be in 
                        compliance; and
                            ``(iii) the latest date on which such 
                        actions need to be taken; and
                    ``(B) the agency is not in compliance by that date.
    ``(b) Report on Noncompliant Facilities.--The Director shall submit 
a report to the appropriate congressional committees, in a classified 
manner if necessary, of any facility determined to be in noncompliance 
with the Federal security standards established by the Interagency 
Security Committee.

``SEC. 249. FEES FOR PROTECTIVE SERVICES.

    ``(a) In General.--The Director of the Federal Protective Service 
may assess and collect fees and security charges from agencies for the 
costs of providing protective services.
    ``(b) Deposit of Fees.--Any fees or security charges paid under 
this section shall be deposited in the appropriations account under the 
heading `federal protection services' under the heading `National 
Protection and Programs Directorate' of the Department of Homeland 
Security.
    ``(c) Adjustment of Fees.--The Director of the Office of Management 
and Budget shall adjust fees as necessary to carry out this subtitle.

              ``Subtitle F--Interagency Security Committee

``SEC. 261. DEFINITIONS.

    ``In this subtitle, the definitions under section 241 shall apply.

``SEC. 262. INTERAGENCY SECURITY COMMITTEE.

    ``(a) Establishment.--There is established within the executive 
branch the Interagency Security Committee (in this subtitle referred to 
as the `Committee').
    ``(b) Chairperson.--The Committee shall be chaired by the 
Secretary, or the designee of the Secretary. The chairperson shall be 
responsible for the daily operations of the Committee and appeals 
board, final approval and enforcement of Committee standards, and the 
promulgation of regulations related to Federal facility security 
prescribed by the Committee.
    ``(c) Membership.--
            ``(1) Voting members.--The Committee shall consist of the 
        following voting members:
                    ``(A) Agency representatives.--Representatives from 
                the following agencies, appointed by the agency heads:
                            ``(i) Department of Homeland Security.
                            ``(ii) Department of State.
                            ``(iii) Department of the Treasury.
                            ``(iv) Department of Defense.
                            ``(v) Department of Justice.
                            ``(vi) Department of the Interior.
                            ``(vii) Department of Agriculture.
                            ``(viii) Department of Commerce.
                            ``(ix) Department of Labor.
                            ``(x) Department of Health and Human 
                        Services.
                            ``(xi) Department of Housing and Urban 
                        Development.
                            ``(xii) Department of Transportation.
                            ``(xiii) Department of Energy.
                            ``(xiv) Department of Education.
                            ``(xv) Department of Veterans Affairs.
                            ``(xvi) Environmental Protection Agency.
                            ``(xvii) Central Intelligence Agency.
                            ``(xviii) Office of Management and Budget.
                            ``(xix) General Services Administration.
                    ``(B) Other officers.--The following Federal 
                officers or the designees of those officers:
                            ``(i) The Director of the United States 
                        Marshals Service.
                            ``(ii) The Director of the Federal 
                        Protective Service.
                            ``(iii) The Assistant to the President for 
                        National Security Affairs.
                    ``(C) Judicial branch representatives.--A 
                representative from the judicial branch appointed by 
                the Chief Justice of the United States.
            ``(2) Associate members.--The Committee shall include the 
        following associate members who shall be nonvoting members:
            ``(3) Agency representatives.--Representatives from the 
        following agencies, appointed by the agency heads:
                    ``(A) Federal Aviation Administration.
                    ``(B) Federal Bureau of Investigation.
                    ``(C) Federal Deposit Insurance Corporation.
                    ``(D) Federal Emergency Management Agency.
                    ``(E) Federal Reserve Board.
                    ``(F) Government Accountability Office.
                    ``(G) Internal Revenue Service.
                    ``(H) National Aeronautics and Space 
                Administration.
                    ``(I) National Capital Planning Commission.
                    ``(J) National Institute of Standards & Technology.
                    ``(K) Nuclear Regulatory Commission.
                    ``(L) Office of Personnel Management.
                    ``(M) Securities and Exchange Commission.
                    ``(N) Smithsonian Institution.
                    ``(O) Social Security Administration.
                    ``(P) United States Coast Guard.
                    ``(Q) United States Postal Service.
                    ``(R) United States Army Corps of Engineers.
                    ``(S) Court Services and Offender Supervision 
                Agency.
                    ``(T) Any other Federal officers as the President 
                shall appoint.
    ``(d) Working Groups.--The Committee may establish interagency 
working groups to perform such tasks as may be directed by the 
Committee.
    ``(e) Consultation.--The Committee may consult with other parties, 
including the Administrative Office of the United States Courts, to 
perform its responsibilities, and, at the discretion of the Committee, 
such other parties may participate in the working groups.
    ``(f) Meetings.--The Committee shall at minimum meet quarterly.
    ``(g) Responsibilities.--The Committee shall--
            ``(1) not later than 180 days after the date of enactment 
        of the Supporting Employee Competency and Updating Readiness 
        Enhancements for Facilities Act of 2010, prescribe 
        regulations--
                    ``(A) for determining facility security levels, 
                unless the Committee determines that similar 
                regulations are issued by the Secretary before the end 
                of that 90-day period; and
                    ``(B) to establish risk-based performance standards 
                for the security of Federal facilities, unless the 
                Committee determines that similar regulations are 
                issued by the Secretary before the end of that 90-day 
                period;
            ``(2) establish protocols for the testing of the compliance 
        of Federal facilities with Federal security standards, 
        including a mechanism for the initial and recurrent testing of 
        Federal facilities;
            ``(3) prescribe regulations to determine minimum levels of 
        training and certification of contract guards;
            ``(4) prescribe regulations to establish a list of 
        prohibited items for entry into Federal facilities;
            ``(5) establish minimum requirements and a process for 
        providing basic security training for members of Facility 
        Security Committees; and
            ``(6) take such actions as may be necessary to enhance the 
        quality and effectiveness of security and protection of Federal 
        facilities, including--
                    ``(A) encouraging agencies with security 
                responsibilities to share security-related intelligence 
                in a timely and cooperative manner;
                    ``(B) assessing technology and information systems 
                as a means of providing cost-effective improvements to 
                security in Federal facilities;
                    ``(C) developing long-term construction standards 
                for those locations with threat levels or missions that 
                require blast resistant structures or other specialized 
                security requirements;
                    ``(D) evaluating standards for the location of, and 
                special security related to, day care centers in 
                Federal facilities; and
                    ``(E) assisting the Secretary in developing and 
                maintaining a centralized security database of all 
                Federal facilities; and
            ``(7) carry out such other duties as assigned by the 
        President.
    ``(h) Appeals Board.--
            ``(1) Establishment.--The Committee shall establish an 
        appeals board to consider appeals from any Facility Security 
        Committee of--
                    ``(A) a facility security level determination;
                    ``(B) Federal Protective Service or designated 
                security organization recommendations for 
                countermeasures for a facility; or
                    ``(C) a determination of noncompliance with Federal 
                facility security standards.
            ``(2) Membership.--
                    ``(A) In general.--The appeals board shall consist 
                of 7 voting members of the Committee, of whom--
                            ``(i) 1 shall be designated by the 
                        Secretary;
                            ``(ii) 4 shall be selected by the voting 
                        members of the Committee; and
                            ``(iii) 2 shall be selected by the voting 
                        members of the Committee to serve as alternates 
                        in the case of recusal by a member of the 
                        appeals board.
                    ``(B) Recusal.--An appeals board member shall 
                recuse himself or herself from any appeal from an 
                agency which that member represents.
            ``(3) Final appeal.--A decision of the appeals board is 
        final and shall not be subject to administrative or judicial 
        review.
    ``(i) Agency Support and Cooperation.--
            ``(1) Administrative support.--To the extent permitted by 
        law and subject to the availability of appropriations, the 
        Secretary shall provide the Committee such administrative 
        services, funds, facilities, staff and other support services 
        as may be necessary for the performance of the functions of the 
        Committee.
            ``(2) Cooperation and compliance.--
                    ``(A) In general.--Each agency shall cooperate and 
                comply with the policies and recommendations of the 
                Committee.
                    ``(B) Support.--To the extent permitted by law and 
                subject to the availability of appropriations, agencies 
                shall provide such support as may be necessary to 
                enable the Committee to perform the duties and 
                responsibilities of the Committee.
            ``(3) Compliance.--The Secretary shall be responsible for 
        monitoring agency compliance with the policies and 
        recommendations of the Committee.
    ``(j) Authorization.--There are authorized to be appropriated to 
the Department of Homeland Security such sums as necessary to carry out 
the provisions of this section.

``SEC. 263. AUTHORIZATION OF AGENCIES TO PROVIDE PROTECTIVE SERVICES.

    ``(a) In General.--The Committee shall establish a process under 
which the Secretary may authorize an agency to provide protective 
services for a Federal facility instead of the Federal Protective 
Services.
    ``(b) Requirements.--The process under subsection (a) shall--
            ``(1) provide that--
                    ``(A) an agency may submit an application to the 
                Secretary for an authorization;
                    ``(B) an authorization shall be for a 1-year 
                period; and
                    ``(C) an authorization may be renewed on an annual 
                basis; and
            ``(2) require an agency to--
                    ``(A) demonstrate security expertise; and
                    ``(B) provide sufficient information through a 
                security plan that the agency shall be in compliance 
                with the Federal security standards of the Committee.

``SEC. 264. FACILITY SECURITY COMMITTEES.

    ``(a) In General.--
            ``(1) Maintenance of facility security committees.--Except 
        as provided under paragraph (2), the agencies that are tenants 
        at each Federal facility shall maintain a Facility Security 
        Committee for that Federal facility. Each agency that is a 
        tenant at a Federal facility shall provide 1 employee to serve 
        as a member of the Facility Security Committee.
            ``(2) Exemptions.--The Secretary may exempt a Federal 
        facility from the requirement under paragraph (1), if that 
        Federal facility is authorized under section 263 to provide 
        protective services.
    ``(b) Chairperson.--
            ``(1) In general.--Each Facility Security Committee shall 
        be headed by a chairperson, elected by a majority of the 
        members of the Facility Security Committee.
            ``(2) Responsibilities.--The chairperson shall be 
        responsible for--
                    ``(A) maintaining accurate contact information for 
                agency tenants and providing that information, 
                including any updates, to the Federal Protective 
                Service or designated security organization;
                    ``(B) setting the agenda for Facility Security 
                Committee meetings;
                    ``(C) referring Facility Security Committee member 
                questions to Federal Protective Service or designated 
                security organization for response;
                    ``(D) accompanying Federal Protective Service or 
                designated security organization representatives during 
                on-site building security assessments;
                    ``(E) maintaining an official record of each 
                meeting;
                    ``(F) acknowledging receipt of the building 
                security assessment from Federal Protective Service or 
                designated security organization; and
                    ``(G) any other duties as determined by the 
                Interagency Security Committee.
    ``(c) Training for Members.--
            ``(1) In general.--Except as provided under paragraphs (3) 
        and (4), before serving as a member of a Facility Security 
        Committee, an employee shall successfully complete a training 
        course that meets a minimum standard of training as established 
        by the Interagency Security Committee.
            ``(2) Training.--Training under this subsection shall--
                    ``(A) be provided by the Federal Protective Service 
                or designated security organization, in coordination 
                with the Interagency Security Committee;
                    ``(B) be commensurate with the security level of 
                the facility; and
                    ``(C) include training relating to--
                            ``(i) familiarity with published standards 
                        of the Interagency Security Committee;
                            ``(ii) physical security criteria for 
                        Federal facilities;
                            ``(iii) use of physical security 
                        performance measures;
                            ``(iv) facility security levels 
                        determinations; and
                            ``(v) best practices for safe mail 
                        handling.
            ``(3) Waivers.--The training requirement under this 
        subsection may be waived by the Director or the Chairperson of 
        the Interagency Security Committee if the Director or the 
        Chairperson determines that an employee has related experience 
        in physical security, law enforcement, or infrastructure 
        security disciplines.
            ``(4) Incumbent members.--
                    ``(A) In general.--This subsection shall apply to 
                any Facility Security Committee established before, on, 
                or after the date of enactment of the Supporting 
                Employee Competency and Updating Readiness Enhancements 
                for Facilities Act of 2010, except that any member of a 
                Facility Security Committee serving on that date shall 
                during the 1-year period following that date--
                            ``(i) successfully complete a training 
                        course as required under paragraph (1); or
                            ``(ii) obtain a waiver under paragraph (3).
                    ``(B) Compliance.--Any member of a Facility 
                Security Committee described under subparagraph (A) who 
                does not comply with that subparagraph may not serve on 
                that Facility Security Committee.
    ``(d) Meetings and Quorum.--
            ``(1) Meetings.--Each Facility Security Committee shall 
        meet on a quarterly basis.
            ``(2) Quorum.--A majority of the members of a Facility 
        Security Committee shall be present for a quorum to conduct 
        business.
    ``(e) Appeal.--
            ``(1) In general.--If a Facility Security Committee 
        disagrees with a recommendation of the Federal Protective 
        Service for necessary countermeasures or physical security 
        improvements, the Chairperson of a Facility Security Committee 
        may file an appeal of the recommendation with the Interagency 
        Security Committee appeals board.
            ``(2) Decision to appeal.--The decision to file an appeal 
        shall be agreed to by a majority of the members of a Facility 
        Security Committee.
            ``(3) Matters subject to appeal.--A recommendation of the 
        Federal Protective Service may be appealed under this 
        subsection, including recommendations relating to--
                    ``(A) prohibited items lists determined for Federal 
                buildings by the Federal Protective Service and how 
                those lists apply to employees and visitors;
                    ``(B) countermeasure improvements;
                    ``(C) building security assessment findings; and
                    ``(D) building security levels.''.
    (b) Technical and Conforming Amendment.--The table of contents for 
the Homeland Security Act of 2002 is amended by inserting after the 
matter relating to title II the following:

                ``Subtitle E--Federal Protective Service

``Sec. 241. Definitions.
``Sec. 242. Establishment.
``Sec. 243. Full-time equivalent employee requirements.
``Sec. 244. Oversight of contract guard services.
``Sec. 245. Infrastructure security canine teams.
``Sec. 246. Advanced imaging technology.
``Sec. 247. Checkpoint detection technology standards.
``Sec. 248. Compliance of Federal facilities with Federal security 
                            standards.
``Sec. 249. Fees for protective services.
              ``Subtitle F--Interagency Security Committee

``Sec. 261. Definitions.
``Sec. 262. Interagency Security Committee.
``Sec. 263. Authorization of agencies to provide protective services.
``Sec. 264. Facility security committees.''.

SEC. 4. FEDERAL PROTECTIVE SERVICE OFFICERS OFF-DUTY CARRYING OF 
              FIREARMS.

    Section 1315(b)(2) of title 40, United States Code, is amended--
            (1) in subsection (b)(2), by striking ``While engaged in 
        the performance of official duties, an'' and inserting ``An''; 
        and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Regulations.--
            ``(1) In general.--
                    ``(A) Protection and administration.--The Secretary 
                may prescribe regulations necessary for the protection 
                and administration of property owned or occupied by the 
                Federal Government and persons on the property. The 
                regulations may include reasonable penalties, within 
                the limits prescribed in subparagraph (B), for 
                violations of the regulations. The regulations shall be 
                posted and remain posted in a conspicuous place on the 
                property.
                    ``(B) Penalty.--A person violating a regulation 
                prescribed under this paragraph shall be fined under 
                title 18, United States Code, imprisoned for not more 
                than 30 days, or both.
            ``(2) Off-duty firearms.--The Secretary may prescribe 
        regulations relating to the carrying of firearms while off-
        duty, including a list of firearms which may be carried while 
        off-duty.''.

SEC. 5. CIVIL SERVICE RETIREMENT SYSTEM AND FEDERAL EMPLOYEES 
              RETIREMENT SYSTEM.

    (a) Civil Service Retirement System.--
            (1) Definition.--Section 8331 of title 5, United States 
        Code is amended--
                    (A) in paragraph (30), by striking ``and'' at the 
                end;
                    (B) in paragraph (31), by striking the period and 
                inserting ``and''; and
                    (C) by adding at the end the following:
            ``(32) `Federal protective service officer' means an 
        employee in the Federal Protective Service of the Department of 
        Homeland Security--
                    ``(A) who holds a position within the GS-0083, GS-
                0080, GS-1801, or GS-1811 job series (determined 
                applying the criteria in effect as of September 1, 2007 
                or any successor position; and
                    ``(B) who are authorized to carry firearms and 
                empowered to make arrests in the performance of duties 
                related to the protection of 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 the persons on the property, 
                including any such employee who is transferred directly 
                to a supervisory or administrative position in the 
                Department of Homeland Security after performing such 
                duties in 1 or more positions (as described under 
                subparagraph (A)) for at least 3 years.''.
            (2) Deductions, contributions, and deposits.--Section 8334 
        of title 5, United States Code, is amended--
                    (A) in subsection (a)(1)(A), by inserting ``Federal 
                protective service officer,'' before ``or customs and 
                border protection officer,''; and
                    (B) in the table contained in subsection (c), by 
                adding at the end the following:


``Federal Protective Service Officer.                     7.5   After June 29, 2011.''.
 

            (3) Mandatory separation.--The first sentence of section 
        8335(b)(1) of title 5, United States Code, is amended by 
        inserting ``Federal protective service officer,'' before ``or 
        customs and border protection officer,''.
            (4) Immediate retirement.--Section 8336 of title 5, United 
        States Code, is amended--
                    (A) in subsection (c)(1), by inserting ``Federal 
                protective service officer,'' before ``or customs and 
                border protection officer,''; and
                    (B) in subsections (m) and (n), by inserting ``as a 
                Federal protective service officer,'' before ``or as a 
                customs and border protection officer,''.
    (b) Federal Employees Retirement System.--
            (1) Definition.--Section 8401 of title 5, United States 
        Code, is amended--
                    (A) in paragraph (35), by striking ``and'' at the 
                end;
                    (B) in paragraph (36), by striking the period and 
                inserting ``and''; and
                    (C) by adding at the end the following:
            ``(37) `Federal protective service officer' means an 
        employee in the Federal Protective Service of the Department of 
        Homeland Security--
                    ``(A) who holds a position within the GS-0083, GS-
                0080, GS-1801, or GS-1811 job series (determined 
                applying the criteria in effect as of September 1, 
                2007) or any successor position; and
                    ``(B) who are authorized to carry firearms and 
                empowered to make arrests in the performance of duties 
                related to the protection of 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 the persons on the property, 
                including any such employee who is transferred directly 
                to a supervisory or administrative position in the 
                Department of Homeland Security after performing such 
                duties in 1 or more positions (as described under 
                subparagraph (A)) for at least 3 years.''.
            (2) Immediate retirement.--Paragraphs (1) and (2) of 
        section 8412(d) of title 5, United States Code, are amended by 
        inserting ``Federal protective service officer,'' before ``or 
        customs and border protection officer,''.
            (3) Computation of basic annuity.--Section 8415(h)(2) of 
        title 5, United States Code, is amended by inserting ``Federal 
        protective service officer,'' before ``or customs and border 
        protection officer,''.
            (4) Deductions from pay.--The table contained in section 
        8422(a)(3) of title 5, United States Code, is amended by adding 
        at the end the following:


``Federal Protective Service Officer.                     7.5   After June 29, 2011.''.
 

            (5) Government contributions.--Paragraphs (1)(B)(i) and (3) 
        of section 8423(a) of title 5, United States Code, are amended 
        by inserting ``Federal protective service officer,'' before 
        ``customs and border protection officer,'' each place that term 
        appears.
            (6) Mandatory separation.--Section 8425(b)(1) of title 5, 
        United States Code, is amended--
                    (A) by inserting ``Federal protective service 
                officer,'' before ``or customs and border protection 
                officer,'' the first place that term appears; and
                    (B) inserting ``Federal protective service 
                officer,'' before ``or customs and border protection 
                officer,'' the second place that term appears.
    (c) Maximum Age for Original Appointment.--Section 3307 of title 5, 
United States Code, is amended by adding at the end the following:
    ``(h) The Secretary of Homeland Security may determine and fix the 
maximum age limit for an original appointment to a position as a 
Federal protective service officer, as defined by section 8401(37).''.
    (d) Regulations.--Any regulations necessary to carry out the 
amendments made by this section shall be prescribed by the Director of 
the Office of Personnel Management in consultation with the Secretary.
    (e) Effective Date; Transition Rules; Funding.--
            (1) Effective date.--The amendments made by this section 
        shall become effective on the later of June 30, 2011, or the 
        first day of the first pay period beginning at least 6 months 
        after the date of enactment of this Act.
            (2) Transition rules.--
                    (A) Nonapplicability of mandatory separation 
                provisions to certain individuals.--The amendments made 
                by subsections (a)(3) and (b)(6), respectively, shall 
                not apply to an individual first appointed as a Federal 
                protective service officer before the effective date 
                under paragraph (1).
                    (B) Treatment of prior federal protective service 
                officer service.--
                            (i) General rule.--Except as provided in 
                        clause (ii), nothing in this section shall be 
                        considered to apply with respect to any service 
                        performed as a Federal protective service 
                        officer before the effective date under 
                        paragraph (1).
                            (ii) Exception.--Service described in 
                        section 8331(32) and 8401(37) of title 5, 
                        United States Code (as amended by this section) 
                        rendered before the effective date under 
                        paragraph (1) may be taken into account to 
                        determine if an individual who is serving on or 
                        after such effective date then qualifies as a 
                        Federal protective service officer by virtue of 
                        holding a supervisory or administrative 
                        position in the Department of Homeland 
                        Security.
                    (C) Minimum annuity amount.--The annuity of an 
                individual serving as a Federal protective service 
                officer on the effective date under paragraph (1) 
                pursuant to an appointment made before that date shall, 
                to the extent that its computation is based on service 
                rendered as a Federal protective service officer on or 
                after that date, be at least equal to the amount that 
                would be payable to the extent that such service is 
                subject to the Civil Service Retirement System or 
                Federal Employees Retirement System, as appropriate, by 
                applying section 8339(d) of title 5, United States 
                Code, with respect to such service.
                    (D) Rule of construction.--Nothing in the amendment 
                made by subsection (c) shall be considered to apply 
                with respect to any appointment made before the 
                effective date under paragraph (1).
            (3) Fees and authorizations of appropriations.--
                    (A) Fees.--The Federal Protective Service shall 
                adjust fees as necessary to ensure collections are 
                sufficient to carry out amendments made in this 
                section.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as are 
                necessary to carry out this section.
            (4) Election.--
                    (A) Incumbent defined.--For purposes of this 
                paragraph, the term ``incumbent'' means an individual 
                who is serving as a Federal protective service officer 
                on the date of the enactment of this Act.
                    (B) Notice requirement.--Not later than 30 days 
                after the date of enactment of this Act, the Director 
                of the Office of Personnel Management shall take 
                measures reasonably designed to ensure that incumbents 
                are notified as to their election rights under this 
                paragraph, and the effect of making or not making a 
                timely election.
                    (C) Election available to incumbents.--
                            (i) In general.--An incumbent may elect, 
                        for all purposes, either--
                                    (I) to be treated in accordance 
                                with the amendments made by subsection 
                                (a) or (b), as applicable; or
                                    (II) to be treated as if 
                                subsections (a) and (b) had never been 
                                enacted.
                            (ii) Failure to make a timely election.--
                        Failure to make a timely election under clause 
                        (i) shall be treated in the same way as an 
                        election made under clause (i)(I) on the last 
                        day allowable under clause (iii).
                            (iii) Deadline.--An election under this 
                        subparagraph shall not be effective unless it 
                        is made at least 14 days before the effective 
                        date under paragraph (1).
            (5) Definition.--For the purposes of this subsection, the 
        term ``Federal protective service officer'' has the meaning 
        given such term by section 8331(32) or 8401(37) of title 5, 
        United States Code (as amended by this section).
            (6) Exclusion.--Nothing in this section or any amendment 
        made by this section shall be considered to afford any election 
        or to otherwise apply with respect to any individual who, as of 
        the day before the date of the enactment of this Act--
                    (A) holds a positions within the Federal Protective 
                Service; and
                    (B) is considered a law enforcement officers for 
                purposes of subchapter III of chapter 83 or chapter 84 
                of title 5, United States Code, by virtue of such 
                position.

SEC. 6. REPORT ON FEDERAL PROTECTION SERVICE PERSONNEL NEEDS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall submit a report to the appropriate 
congressional committees on the personnel needs of the Federal 
Protection Service that includes recommendations on the numbers of 
Federal protective service officers and the workforce composition of 
the Federal Protection Service needed to carry out the mission of the 
Federal Protective Service during the 10-fiscal year period beginning 
after the date of enactment of this Act.
    (b) Preparation.--The Secretary shall enter into a contract with a 
qualified consultant to prepare the report submitted under this 
section.

SEC. 7. REPORT ON RETENTION RATE FEDERAL PROTECTIVE SERVICE CONTRACT 
              GUARD WORKFORCE.

    Not later than 45 days after the date of enactment of this Act, the 
Director shall submit a report to the appropriate congressional 
committees on--
            (1) retention rates within the Federal Protective Service 
        contract guard workforce; and
            (2) how the retention rate affects operations of the 
        Federal Protective Service and the security of Federal 
        facilities.

SEC. 8. REPORT ON THE FEASIBILITY OF FEDERALIZING THE FEDERAL 
              PROTECTIVE SERVICE CONTRACT GUARD WORKFORCE.

    (a) Contract With Consultant.--The Director shall enter into a 
contract with a qualified consultant to prepare the report submitted 
under this section.
    (b) Submissions.--Not later than 1 year after the date of enactment 
of this Act, the qualified consultant shall concurrently submit the 
report to the Secretary and the appropriate congressional committees.
    (c) Contents.--The report under this section shall include an 
evaluation of--
            (1) converting in its entirety, or in part, the Federal 
        Protective Service contract workforce into full-time Federal 
        employees, including an option to post a full-time equivalent 
        Federal protective service officer at each Federal facility 
        that on the date of enactment of this Act has a contract guard 
        stationed at that facility;
            (2) the immediate and projected costs of the conversion;
            (3) the immediate and projected costs of maintaining guards 
        under contract status and of maintaining full-time Federal 
        employee guards;
            (4) the potential increase in security if converted, 
        including an analysis of using either a Federal security guard, 
        police officer, or Federal protective service officer instead 
        of a contract guard;
            (5) the hourly and annual costs of contract guards and the 
        Federal counterparts of those guards; and
            (6) a comparison of similar conversions of large groups of 
        contracted workers and potential benefits and challenges.

SEC. 9. SAVINGS CLAUSE.

    Nothing in this Act, including the amendments made by this Act, 
shall be construed to affect--
            (1) the authorities under section 566 of title 28, United 
        States Code;
            (2) the authority of any Federal law enforcement agency 
        other than the Federal Protective Service; or
            (3) any authority of the Federal Protective Service not 
        specifically enumerated by this Act that is in effect on the 
        day before the date of enactment of this Act.
                                 <all>