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

                                                       Calendar No. 684
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

                           December 10, 2010

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;</DELETED>
                <DELETED>    (B) the Committee on Appropriations of the 
                Senate;</DELETED>
                <DELETED>    (C) the Committee on Homeland Security of 
                the House of Representatives;</DELETED>
                <DELETED>    (D) the Committee on Transportation and 
                Infrastructure of the House of Representatives; 
                and</DELETED>
                <DELETED>    (E) the Committee on Appropriations of the 
                House of Representatives.</DELETED>
        <DELETED>    (2) Director.--The term ``Director'' means the 
        Director of the Federal Protective Service.</DELETED>
        <DELETED>    (3) Federal facility.--The term ``Federal 
        facility''--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) does not include any building, 
                grounds, or property used for military 
                activities.</DELETED>
        <DELETED>    (4) Federal protective service officer.--The term 
        ``Federal protective service officer''--</DELETED>
                <DELETED>    (A) has the meaning given under sections 
                8331 and 8401 of title 5, United States Code; 
                and</DELETED>
                <DELETED>    (B) includes any other employee of the 
                Federal Protective Service designated as a Federal 
                protective service officer by the Secretary.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.</DELETED>

<DELETED>SEC. 3. FEDERAL PROTECTIVE SERVICE.</DELETED>

<DELETED>    (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:</DELETED>

      <DELETED>``Subtitle E--Federal Protective Service</DELETED>

<DELETED>``SEC. 241. DEFINITIONS.</DELETED>

<DELETED>    ``In this subtitle:</DELETED>
        <DELETED>    ``(1) Agency.--The term `agency' means an 
        executive agency.</DELETED>
        <DELETED>    ``(2) Appropriate congressional committees.--The 
        term `appropriate congressional committees' means--</DELETED>
                <DELETED>    ``(A) the Committee on Homeland Security 
                and Governmental Affairs of the Senate;</DELETED>
                <DELETED>    ``(B) the Committee on Appropriations of 
                the Senate;</DELETED>
                <DELETED>    ``(C) the Committee on Homeland Security 
                of the House of Representatives;</DELETED>
                <DELETED>    ``(D) the Committee on Transportation and 
                Infrastructure of the House of Representatives; 
                and</DELETED>
                <DELETED>    ``(E) the Committee on Appropriations of 
                the House of Representatives.</DELETED>
        <DELETED>    ``(3) Director.--The term `Director' means the 
        Director of the Federal Protective Service.</DELETED>
        <DELETED>    ``(4) Facility security level.--The term `facility 
        security level'--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Federal facility.--The term `Federal 
        facility'--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) does not include any building, 
                grounds, or property used for military 
                activities.</DELETED>
        <DELETED>    ``(6) Federal facility protected by the federal 
        protective service.--The term `Federal facility protected by 
        the Federal Protective Service'--</DELETED>
                <DELETED>    ``(A) means those facilities owned or 
                leased by the General Services Administration, and 
                other facilities at the discretion of the Secretary; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(7) Federal protective service officer.--The 
        term `Federal protective service officer'--</DELETED>
                <DELETED>    ``(A) has the meaning given under sections 
                8331 and 8401 of title 5, United States Code; 
                and</DELETED>
                <DELETED>    ``(B) includes any other employee of the 
                Federal Protective Service designated as a Federal 
                protective service officer by the Secretary.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(10) Security organization.--The term `security 
        organization' means an agency or an internal agency component 
        responsible for security at a specific Federal 
        facility.</DELETED>

<DELETED>``SEC. 242. ESTABLISHMENT.</DELETED>

<DELETED>    ``(a) Establishment.--There is established the Federal 
Protective Service within the Department of Homeland 
Security.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Duties and Powers of the Director.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Training.--The Director shall--</DELETED>
                <DELETED>    ``(A) determine the minimum level of 
                training or certification for--</DELETED>
                        <DELETED>    ``(i) employees of the Federal 
                        Protective Service; and</DELETED>
                        <DELETED>    ``(ii) armed contract security 
                        guards; and</DELETED>
                <DELETED>    ``(B) provide training, in coordination 
                with the Interagency Security Committee, to members of 
                a Facility Security Committee.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Inspections.--The Director shall inspect 
        Federal facilities protected by the Federal Protective Service 
        for the purpose of determining compliance with Federal security 
        standards.</DELETED>
        <DELETED>    ``(7) Personnel.--The Director shall provide 
        adequate numbers of trained personnel to ensure Federal 
        security standards are met.</DELETED>
        <DELETED>    ``(8) Information sharing.--The Director shall 
        provide crime prevention and threat awareness training to 
        tenants of Federal facilities.</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 243. FULL-TIME EQUIVALENT EMPLOYEE 
              REQUIREMENTS.</DELETED>

<DELETED>    ``(a) In General.--The Director shall ensure that the 
Federal Protective Service maintains not fewer than--</DELETED>
        <DELETED>    ``(1) 1,350 full-time equivalent employees, 
        including not fewer than 950 in-service field staff in fiscal 
        year 2011;</DELETED>
        <DELETED>    ``(2) 1,500 full-time equivalent employees, 
        including not fewer than 1,025 in-service field staff in fiscal 
        year 2012;</DELETED>
        <DELETED>    ``(3) 1,600 full-time equivalent employees, 
        including not fewer than 1,075 in-service field staff in fiscal 
        year 2013; and</DELETED>
        <DELETED>    ``(4) 1,700 full-time equivalent employees, 
        including not fewer than 1,125 in-service field staff in fiscal 
        year 2014.</DELETED>
<DELETED>    ``(b) Minimum Full-Time Equivalent Employee Level.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) an explanation of the decrease in 
                full-time equivalent employees; and</DELETED>
                <DELETED>    ``(B) a revised model of the number of 
                full-time equivalent employees projected for future 
                fiscal years.</DELETED>

<DELETED>``SEC. 244. OVERSIGHT OF CONTRACT GUARD SERVICES.</DELETED>

<DELETED>    ``(a) Armed Guard Training Requirements.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Requirements.--Training requirements under 
        this subsection shall include--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) Federal Protective Service 
                monitoring or provision of the initial training of 
                armed guards procured by the Federal Protective Service 
                of--</DELETED>
                        <DELETED>    ``(i) at least 10 percent of the 
                        hours of required instruction in fiscal year 
                        2011;</DELETED>
                        <DELETED>    ``(ii) at least 15 percent of the 
                        hours of required instruction in fiscal year 
                        2012;</DELETED>
                        <DELETED>    ``(iii) at least 20 percent of the 
                        hours of required instruction in fiscal year 
                        2013; and</DELETED>
                        <DELETED>    ``(iv) at least 25 percent of the 
                        hours of required instruction in fiscal year 
                        2014 and each fiscal year thereafter.</DELETED>
<DELETED>    ``(b) Training and Security Assessment Program.--
</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the training of guards procured by 
                the Federal Protective Service for the protection of 
                Federal facilities; and</DELETED>
                <DELETED>    ``(B) the security of Federal 
                facilities.</DELETED>
        <DELETED>    ``(2) Program.--The program under this subsection 
        shall include an assessment of--</DELETED>
                <DELETED>    ``(A) methods to test the training and 
                certifications of guards;</DELETED>
                <DELETED>    ``(B) a remedial training program for 
                guards;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(D) an overt and covert testing program 
                for the purposes of assessing guard performance and 
                other facility security countermeasures.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Revision of Guard Manual and Post Orders.--
</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) update the Security Guard 
                Information Manual and post orders for each guard post 
                overseen by the Federal Protective Service; 
                or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 245. INFRASTRUCTURE SECURITY CANINE TEAMS.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Infrastructure security canine teams.--To 
        the extent practicable, the Director shall increase the number 
        of infrastructure security canine teams by--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Standards for Infrastructure Security Canine 
Teams.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Expansion.--In developing and implementing 
        the criteria, the Director shall--</DELETED>
                <DELETED>    ``(A) coordinate with key stakeholders, 
                including international, Federal, State, and local 
                government officials, and private sector and academic 
                entities to develop best practice guidelines;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) review the status of the private 
                sector programs on at least an annual basis to ensure 
                compliance with the criteria.</DELETED>
<DELETED>    ``(c) Deployment.--The Director--</DELETED>
        <DELETED>    ``(1) shall use the additional canine teams 
        increased under subsection (a) to enhance security at Federal 
        facilities;</DELETED>
        <DELETED>    ``(2) may use the additional canine teams 
        increased under subsection (a) on a more limited basis to 
        support other homeland security missions;</DELETED>
        <DELETED>    ``(3) may make available canine teams from other 
        agencies within the Department--</DELETED>
                <DELETED>    ``(A) for high-risk areas;</DELETED>
                <DELETED>    ``(B) to address specific threats; 
                or</DELETED>
                <DELETED>    ``(C) on an as-needed basis; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 246. ADVANCED IMAGING TECHNOLOGY.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Privacy Protection.--</DELETED>
        <DELETED>    ``(1) Procedures.--The Secretary shall establish 
        procedures that protect the privacy of individuals who are 
        screened with advanced imaging technology.</DELETED>
        <DELETED>    ``(2) Prohibition on stored images.--An agency may 
        not store images of individuals screened by advanced imaging 
        technology.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) an analysis of the readiness or use of 
        automatic detection technology for building security;</DELETED>
        <DELETED>    ``(2) an evaluation of the lessons learned from 
        the advanced imaging technology implemented under this 
        section;</DELETED>
        <DELETED>    ``(3) an analysis of the effect of such 
        implementation on entry into Federal facilities;</DELETED>
        <DELETED>    ``(4) an analysis for requirements, including 
        costs, to install and maintain advanced imaging technology; 
        and</DELETED>
        <DELETED>    ``(5) an analysis of the privacy protections used 
        under the program.</DELETED>

<DELETED>``SEC. 247. CHECKPOINT DETECTION TECHNOLOGY 
              STANDARDS.</DELETED>

<DELETED>    ``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.</DELETED>

<DELETED>``SEC. 248. COMPLIANCE OF FEDERAL FACILITIES WITH FEDERAL 
              SECURITY STANDARDS.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) the Interagency Security Committee or the 
        Director of the Federal Protective Service--</DELETED>
                <DELETED>    ``(A) provided notice to that agency and 
                the Facility Security Committee of--</DELETED>
                        <DELETED>    ``(i) the noncompliance;</DELETED>
                        <DELETED>    ``(ii) the actions necessary to be 
                        in compliance; and</DELETED>
                        <DELETED>    ``(iii) the latest date on which 
                        such actions need to be taken; and</DELETED>
                <DELETED>    ``(B) the agency is not in compliance by 
                that date.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 249. FEES FOR PROTECTIVE SERVICES.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Adjustment of Fees.--The Director of the Office of 
Management and Budget shall adjust fees as necessary to carry out this 
subtitle.</DELETED>

    <DELETED>``Subtitle F--Interagency Security Committee</DELETED>

<DELETED>``SEC. 261. DEFINITIONS.</DELETED>

<DELETED>    ``In this subtitle, the definitions under section 241 
shall apply.</DELETED>

<DELETED>``SEC. 262. INTERAGENCY SECURITY COMMITTEE.</DELETED>

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

<DELETED>``SEC. 263. AUTHORIZATION OF AGENCIES TO PROVIDE PROTECTIVE 
              SERVICES.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Requirements.--The process under subsection (a) 
shall--</DELETED>
        <DELETED>    ``(1) provide that--</DELETED>
                <DELETED>    ``(A) an agency may submit an application 
                to the Secretary for an authorization;</DELETED>
                <DELETED>    ``(B) an authorization shall be for a 1-
                year period; and</DELETED>
                <DELETED>    ``(C) an authorization may be renewed on 
                an annual basis; and</DELETED>
        <DELETED>    ``(2) require an agency to--</DELETED>
                <DELETED>    ``(A) demonstrate security expertise; 
                and</DELETED>
                <DELETED>    ``(B) provide sufficient information 
                through a security plan that the agency shall be in 
                compliance with the Federal security standards of the 
                Committee.</DELETED>

<DELETED>``SEC. 264. FACILITY SECURITY COMMITTEES.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Chairperson.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Responsibilities.--The chairperson shall be 
        responsible for--</DELETED>
                <DELETED>    ``(A) maintaining accurate contact 
                information for agency tenants and providing that 
                information, including any updates, to the Federal 
                Protective Service or designated security 
                organization;</DELETED>
                <DELETED>    ``(B) setting the agenda for Facility 
                Security Committee meetings;</DELETED>
                <DELETED>    ``(C) referring Facility Security 
                Committee member questions to Federal Protective 
                Service or designated security organization for 
                response;</DELETED>
                <DELETED>    ``(D) accompanying Federal Protective 
                Service or designated security organization 
                representatives during on-site building security 
                assessments;</DELETED>
                <DELETED>    ``(E) maintaining an official record of 
                each meeting;</DELETED>
                <DELETED>    ``(F) acknowledging receipt of the 
                building security assessment from Federal Protective 
                Service or designated security organization; 
                and</DELETED>
                <DELETED>    ``(G) any other duties as determined by 
                the Interagency Security Committee.</DELETED>
<DELETED>    ``(c) Training for Members.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Training.--Training under this subsection 
        shall--</DELETED>
                <DELETED>    ``(A) be provided by the Federal 
                Protective Service or designated security organization, 
                in coordination with the Interagency Security 
                Committee;</DELETED>
                <DELETED>    ``(B) be commensurate with the security 
                level of the facility; and</DELETED>
                <DELETED>    ``(C) include training relating to--
                </DELETED>
                        <DELETED>    ``(i) familiarity with published 
                        standards of the Interagency Security 
                        Committee;</DELETED>
                        <DELETED>    ``(ii) physical security criteria 
                        for Federal facilities;</DELETED>
                        <DELETED>    ``(iii) use of physical security 
                        performance measures;</DELETED>
                        <DELETED>    ``(iv) facility security levels 
                        determinations; and</DELETED>
                        <DELETED>    ``(v) best practices for safe mail 
                        handling.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Incumbent members.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) successfully complete a 
                        training course as required under paragraph 
                        (1); or</DELETED>
                        <DELETED>    ``(ii) obtain a waiver under 
                        paragraph (3).</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Meetings and Quorum.--</DELETED>
        <DELETED>    ``(1) Meetings.--Each Facility Security Committee 
        shall meet on a quarterly basis.</DELETED>
        <DELETED>    ``(2) Quorum.--A majority of the members of a 
        Facility Security Committee shall be present for a quorum to 
        conduct business.</DELETED>
<DELETED>    ``(e) Appeal.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Matters subject to appeal.--A recommendation 
        of the Federal Protective Service may be appealed under this 
        subsection, including recommendations relating to--</DELETED>
                <DELETED>    ``(A) prohibited items lists determined 
                for Federal buildings by the Federal Protective Service 
                and how those lists apply to employees and 
                visitors;</DELETED>
                <DELETED>    ``(B) countermeasure 
                improvements;</DELETED>
                <DELETED>    ``(C) building security assessment 
                findings; and</DELETED>
                <DELETED>    ``(D) building security 
                levels.''.</DELETED>
<DELETED>    (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:</DELETED>

           <DELETED>``Subtitle E--Federal Protective Service

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

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

<DELETED>SEC. 4. FEDERAL PROTECTIVE SERVICE OFFICERS OFF-DUTY CARRYING 
              OF FIREARMS.</DELETED>

<DELETED>    Section 1315(b)(2) of title 40, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in subsection (b)(2), by striking ``While 
        engaged in the performance of official duties, an'' and 
        inserting ``An''; and</DELETED>
        <DELETED>    (2) by striking subsection (c) and inserting the 
        following:</DELETED>
<DELETED>    ``(c) Regulations.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 5. CIVIL SERVICE RETIREMENT SYSTEM AND FEDERAL EMPLOYEES 
              RETIREMENT SYSTEM.</DELETED>

<DELETED>    (a) Civil Service Retirement System.--</DELETED>
        <DELETED>    (1) Definition.--Section 8331 of title 5, United 
        States Code is amended--</DELETED>
                <DELETED>    (A) in paragraph (30), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (B) in paragraph (31), by striking the 
                period and inserting ``and''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(32) `Federal protective service officer' means 
        an employee in the Federal Protective Service of the Department 
        of Homeland Security--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (2) Deductions, contributions, and deposits.--
        Section 8334 of title 5, United States Code, is amended--
        </DELETED>
                <DELETED>    (A) in subsection (a)(1)(A), by inserting 
                ``Federal protective service officer,'' before ``or 
                customs and border protection officer,''; and</DELETED>
                <DELETED>    (B) in the table contained in subsection 
                (c), by adding at the end the following:</DELETED>


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

        <DELETED>    (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,''.</DELETED>
        <DELETED>    (4) Immediate retirement.--Section 8336 of title 
        5, United States Code, is amended--</DELETED>
                <DELETED>    (A) in subsection (c)(1), by inserting 
                ``Federal protective service officer,'' before ``or 
                customs and border protection officer,''; and</DELETED>
                <DELETED>    (B) in subsections (m) and (n), by 
                inserting ``as a Federal protective service officer,'' 
                before ``or as a customs and border protection 
                officer,''.</DELETED>
<DELETED>    (b) Federal Employees Retirement System.--</DELETED>
        <DELETED>    (1) Definition.--Section 8401 of title 5, United 
        States Code, is amended--</DELETED>
                <DELETED>    (A) in paragraph (35), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (B) in paragraph (36), by striking the 
                period and inserting ``and''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(37) `Federal protective service officer' means 
        an employee in the Federal Protective Service of the Department 
        of Homeland Security--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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,''.</DELETED>
        <DELETED>    (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,''.</DELETED>
        <DELETED>    (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:</DELETED>


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

        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Mandatory separation.--Section 8425(b)(1) of 
        title 5, United States Code, is amended--</DELETED>
                <DELETED>    (A) by inserting ``Federal protective 
                service officer,'' before ``or customs and border 
                protection officer,'' the first place that term 
                appears; and</DELETED>
                <DELETED>    (B) inserting ``Federal protective service 
                officer,'' before ``or customs and border protection 
                officer,'' the second place that term 
                appears.</DELETED>
<DELETED>    (c) Maximum Age for Original Appointment.--Section 3307 of 
title 5, United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Effective Date; Transition Rules; Funding.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Transition rules.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (B) Treatment of prior federal protective 
                service officer service.--</DELETED>
                        <DELETED>    (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).</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (3) Fees and authorizations of appropriations.--
        </DELETED>
                <DELETED>    (A) Fees.--The Federal Protective Service 
                shall adjust fees as necessary to ensure collections 
                are sufficient to carry out amendments made in this 
                section.</DELETED>
                <DELETED>    (B) Authorization of appropriations.--
                There are authorized to be appropriated such sums as 
                are necessary to carry out this section.</DELETED>
        <DELETED>    (4) Election.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Election available to incumbents.--
                </DELETED>
                        <DELETED>    (i) In general.--An incumbent may 
                        elect, for all purposes, either--</DELETED>
                                <DELETED>    (I) to be treated in 
                                accordance with the amendments made by 
                                subsection (a) or (b), as applicable; 
                                or</DELETED>
                                <DELETED>    (II) to be treated as if 
                                subsections (a) and (b) had never been 
                                enacted.</DELETED>
                        <DELETED>    (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).</DELETED>
                        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) holds a positions within the Federal 
                Protective Service; and</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. REPORT ON FEDERAL PROTECTION SERVICE PERSONNEL 
              NEEDS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Preparation.--The Secretary shall enter into a 
contract with a qualified consultant to prepare the report submitted 
under this section.</DELETED>

<DELETED>SEC. 7. REPORT ON RETENTION RATE FEDERAL PROTECTIVE SERVICE 
              CONTRACT GUARD WORKFORCE.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) retention rates within the Federal Protective 
        Service contract guard workforce; and</DELETED>
        <DELETED>    (2) how the retention rate affects operations of 
        the Federal Protective Service and the security of Federal 
        facilities.</DELETED>

<DELETED>SEC. 8. REPORT ON THE FEASIBILITY OF FEDERALIZING THE FEDERAL 
              PROTECTIVE SERVICE CONTRACT GUARD WORKFORCE.</DELETED>

<DELETED>    (a) Contract With Consultant.--The Director shall enter 
into a contract with a qualified consultant to prepare the report 
submitted under this section.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Contents.--The report under this section shall include 
an evaluation of--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the immediate and projected costs of the 
        conversion;</DELETED>
        <DELETED>    (3) the immediate and projected costs of 
        maintaining guards under contract status and of maintaining 
        full-time Federal employee guards;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) the hourly and annual costs of contract guards 
        and the Federal counterparts of those guards; and</DELETED>
        <DELETED>    (6) a comparison of similar conversions of large 
        groups of contracted workers and potential benefits and 
        challenges.</DELETED>

<DELETED>SEC. 9. SAVINGS CLAUSE.</DELETED>

<DELETED>    Nothing in this Act, including the amendments made by this 
Act, shall be construed to affect--</DELETED>
        <DELETED>    (1) the authorities under section 566 of title 28, 
        United States Code;</DELETED>
        <DELETED>    (2) the authority of any Federal law enforcement 
        agency other than the Federal Protective Service; or</DELETED>
        <DELETED>    (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.</DELETED>

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 authorized to carry firearms and make 
                arrests by the Secretary.
            (5) Qualified consultant.--The term ``qualified 
        consultant'' means a 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 effects 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, the United States Marshals Service under 
                section 566 of title 28, United States Code, or another 
                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 authorized to carry firearms and make 
                arrests 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.
    ``(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.
    ``(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 
        protection of Federal facilities.
            ``(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, to members of a Facility 
                Security Committee that meets the standards established 
                by the Interagency Security Committee.
            ``(5) Investigations.--The Director shall ensure violations 
        of any Federal law affecting the security of Federal facilities 
        protected by the Federal Protective Service are investigated 
        and referred for prosecution as appropriate.
            ``(6) Inspections.--The Director shall inspect Federal 
        facilities protected by the Federal Protective Service for the 
        purpose of determining compliance with Federal security 
        standards and making appropriate risk mitigation 
        recommendations.
            ``(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, threat awareness, and intelligence 
        information to the Administrator of General Services and 
        tenants of Federal facilities. The Director shall ensure 
        effective coordination and liaison with other Federal law 
        enforcement agencies and State and local law enforcement 
        agencies.
            ``(9) Patrol.--The Director shall ensure areas in and 
        around Federal facilities protected by the Federal Protective 
        Service are patrolled by Federal Protective Service officers.
            ``(10) Security assessment.--The Director shall ensure a 
        security risk assessment is conducted for each Federal facility 
        protected by the Federal Protective Service on a recurring 
        basis and in accordance with standards established by the 
        Interagency Security Committee.
            ``(11) Emergency plan assistance.--The Director shall--
                    ``(A) ensure each Federal facility protected by the 
                Federal Protective Service has adequate plans for 
                emergency situations;
                    ``(B) provide technical assistance to agencies that 
                are the tenant of a Federal facility protected by the 
                Federal Protective Service in developing plans 
                described in subparagraph (A); and
                    ``(C) ensure plans described in subparagraph (A) 
                are exercised in accordance with standards established 
                by the Interagency Security Committee.
            ``(12) Security countermeasures.--The Director shall ensure 
        and supervise the effective design, procurement, installation, 
        maintenance, and operation of security countermeasures 
        (including armed contract guards, electronic physical security 
        systems, and weapons and explosives screening devices) for 
        Federal facilities protected by the Federal Protective Service.
            ``(13) Suitability adjudication of guards and building 
        service contractors.--The Director shall ensure that--
                    ``(A) background investigations are conducted for 
                contract guards and building service contractors; and
                    ``(B) each contract guard and building service 
                contractor is suitable for work in a Federal facility 
                protected by the Federal Protective Service before 
                being granted unescorted or recurring access.
            ``(14) Assistance to facility security committees.--The 
        Director shall ensure coordination with and provide assistance 
        to Facility Security Committees on matters relating to 
        facilities, facility vulnerabilities, and potential 
        consequences of an incident.

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

    ``(a) In General.--The Secretary 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 Secretary 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 Secretary 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 for the security and 
                protection of Federal facilities protected by the 
                Federal Protective Service; and
                    ``(B) the security of Federal facilities protected 
                by the Federal Protective Service.
            ``(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 Secretary 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, in consultation with the Administrator of General 
        Services, 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 15 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, in coordination with the 
        Office of Infrastructure Protection, 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 and Health Protections.--
            ``(1) Procedures.--The Secretary shall establish procedures 
        that protect the privacy of individuals who are screened with 
        advanced imaging technology and ensure that individuals 
        screened or working with the technology suffer no adverse 
        health effects, including establishing penalties for 
        noncompliance with or violation of the procedures or the 
        regulations issued under paragraph (3).
            ``(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 and health 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 and the Administrator of General Services 
shall jointly submit a report to the appropriate congressional 
committees that includes--
            ``(1) an analysis of the readiness or use of automatic 
        detection technology for facility 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;
            ``(5) an analysis of the privacy protections used under the 
        program; and
            ``(6) an analysis of how the Federal Protective Service and 
        the General Services Administration identified and resolved 
        health and safety issues associated with the use of advanced 
        imaging technology in Federal facilities.

``SEC. 247. CHECKPOINT DETECTION TECHNOLOGY STANDARDS.

    ``The Secretary, in coordination with the Interagency Security 
Committee, shall develop performance-based standards for checkpoint 
detection technologies for explosives and other threats at Federal 
facilities protected by the Federal Protective Service.

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

    ``(a) In General.--The Secretary 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 Secretary, 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 or a final determination 
        regarding countermeasures made by the appeals board established 
        under section 262(h); 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 Secretary 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 Secretary 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 protective services' under the heading `National 
Protection and Programs Directorate' of the Department.
    ``(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') responsible for the development of safety and 
security standards and best practices to mitigate the effects of 
natural and manmade hazards in Federal facilities.
    ``(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.
                            ``(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 as 
        associate members who shall be nonvoting members, 
        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 shall consult with other 
parties, including the Administrative Office of the United States 
Courts, to perform its responsibilities, and, at the discretion of the 
Chairperson 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 
        under the authority granted to the Secretary under section 
        1315(c)(1) of title 40, United States Code--
                    ``(A) for determining facility security levels, 
                unless the Committee determines that similar 
                regulations are issued by the Secretary before the end 
                of that 180-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 180-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 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.--
                    ``(A) In general.--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.
                    ``(B) Authorization of appropriations.--There are 
                authorized to be appropriated to the Department such 
                sums as necessary to carry out the provisions of this 
                paragraph.
            ``(2) Cooperation and compliance.--
                    ``(A) In general.--Each agency shall cooperate and 
                comply with the policies, standards, 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 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 Secretary, in consultation with the 
Committee, shall establish a process to authorize an agency to provide 
protective services for a Federal facility instead of the Federal 
Protective Service.
    ``(b) Law Enforcement Authority.--The Federal Protective Service 
shall retain the law enforcement authorities of the Federal Protective 
Service at any Federal facilities where an exemption is approved under 
subsection (a).
    ``(c) 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;
                    ``(B) possess law enforcement authority;
                    ``(C) provide sufficient information through a 
                security plan that the agency shall be in compliance 
                with the Federal security standards of the Committee; 
                and
                    ``(D) submit a cost benefit analysis demonstrating 
                savings to be realized.

``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) reviewing a security assessment completed by 
                the Federal Protective Service or designated security 
                organization representatives and, if requested by the 
                Federal Protective Service or designated security 
                organization, accompanying the representatives during 
                on-site facility security assessments;
                    ``(E) maintaining an official record of each 
                meeting;
                    ``(F) acknowledging receipt of the facility 
                security assessment from Federal Protective Service or 
                designated security organization;
                    ``(G) maintaining records of training of or waivers 
                for members of the Facility Security Committee; and
                    ``(H) 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 accordance with 
                standards established by 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;
                            ``(v) best practices for safe mail 
                        handling;
                            ``(vi) knowledge of an occupant emergency 
                        plan, the facility security assessment process, 
                        and the facility countermeasures plan; and
                            ``(vii) the role of the Federal Protective 
                        Service or designated security organization and 
                        the General Services Administration.
            ``(3) Waivers.--The training requirement under this 
        subsection may be waived by the Director, the head of a 
        designated security organization, or the Chairperson of the 
        Interagency Security Committee if the Director, the head of the 
        designated security organization, 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, or more frequently if determined 
        appropriate by the chairperson.
            ``(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) countermeasure improvements;
                    ``(B) facility security assessment findings; and
                    ``(C) facility 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 the matter preceding subparagraph (A), by striking 
        ``While engaged in the performance of official duties, an'' and 
        inserting ``An''; and
            (2) in subparagraph (B), by striking ``carry firearms;'' 
        and inserting ``carry firearms on or 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 PROTECTIVE 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 
Protective Service that includes recommendations on the numbers of 
Federal protective service officers and the workforce composition of 
the Federal Protective 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) Review and Comment.--The Secretary shall provide the report 
prepared under this section to a qualified consultant for review and 
comment, before submitting the report to the appropriate congressional 
committees. The Secretary shall provide the comments of the qualified 
consultant to the appropriate congressional committee with the report.

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

    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--
            (1) retention rates within the Federal Protective Service 
        contract guard workforce; and
            (2) how the retention rate affects the costs and 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) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees a report on the feasibility of federalizing 
the Federal Protective Service contract guard workforce.
    (b) Review and Comment.--The Secretary shall provide the report 
prepared under this section to a qualified consultant for review and 
comment, before submitting the report to the appropriate congressional 
committees. The Secretary shall provide the comments of the qualified 
consultant to the appropriate congressional committee with the report.
    (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, 
        Federal 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, including an assessment 
        of costs associated with all benefits provided to the Federal 
        counterparts; and
            (6) a comparison of similar conversions of large groups of 
        contracted workers and potential benefits and challenges.

SEC. 9. REPORT ON AGENCY FUNDING.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall submit to the appropriate congressional committees 
a report on the method of funding for the Federal Protective Service, 
which shall include recommendations regarding whether the Federal 
Protective Service should continue to be funded by a collection of fees 
and security charges, be funded by appropriations, or be funded by a 
combination of fees, security charges, and appropriations.

SEC. 10. 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.
                                                       Calendar No. 684

111th CONGRESS

  2d Session

                                S. 3806

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 10, 2010

                       Reported with an amendment