[Congressional Record Volume 157, Number 51 (Friday, April 8, 2011)]
[Senate]
[Pages S2350-S2360]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. HARKIN (for himself and Mr. Isakson):
S. 769. A bill amend title 38, United States Code, to prevent the
Secretary of Veterans Affairs from prohibiting the use of service dogs
on Department of Veterans Affairs property; to the Committee on
Veterans' Affairs.
Mr. HARKIN. Mr. President, along with Senator Isakson, today I am
introducing a bill to allow veterans with disabilities who utilize
service dogs the same access to VA health care and facilities as those
using guide dogs. Right now, a vet who has a seeing-eye dog can go into
any VA hospital to get services, but it is at the discretion of each
facility whether or not to allow a vet to bring a service dog, which
they use for mobility, assistance with living with hearing loss,
comfort for those experiencing PTSD, and to alert others if they have a
seizure.
This bill will provide for full access to all veterans at every VA
facility, without exception. There should not be a variation in policy
from one VA facility to another. It is a small but laudable goal to
promote the access of persons with disabilities at VA facilities and
guarantee all veterans, regardless of their disability, receive the
care and services they need and are entitled to through their selfless
service to our Nation.
______
By Mrs. FEINSTEIN (for herself and Mr. Kyl):
S. 771. A bill to amend the Indian Gaming Regulatory Act to modify a
provision relating to gaming on land acquired after October 17, 1988;
to the Committee on Indian Affairs.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Tribal
Gaming Eligibility Act with my friend and colleague from Arizona,
Senator Jon Kyl.
This bill requires that Indian tribes demonstrate both an aboriginal
and a modern connection to the land before it can be used for gaming.
The bill responds to growing concerns and frustrations about the
number of ``off-reservation'' casinos proposals in California and
across the nation.
As of May 2010, the U.S. Department of Interior was considering 35 of
these proposals. Eleven of them are in my home State.
Casinos strain local governments, increase violent crime, and
increase bankruptcies. Gambling regulations are poorly enforced,
largely because deficit-plagued state governments have cut enforcement
staff down to the bone. Even when enforcement officials are present,
highly protective ``State Compacts,'' protect tribal casinos from true
scrutiny and legitimate oversight.
The fact is that some tribes have abused their unique right to
operate casinos by taking land into trust miles away from their
historical lands and miles away from where any tribal member resides.
This is done to produce the most profitable casino, often with little
regard to what is most beneficial to tribal members.
This unbridled reservation shopping is occurring with little to no
input from local governments or neighboring tribes.
The result: 58 casinos in California; 11 more in the approval
process; and a very real potential for an additional 50 casinos in the
coming years.
That is why I am introducing the Tribal Gaming Eligibility Act. This
legislation addresses the problems that arise from off-reservation
casinos by requiring that tribes meet two simple conditions if they
wish to game on lands acquired after the passage of the 1988 Indian
Gaming Regulatory Act.
First the tribe must demonstrate a ``substantial direct modern
connection to the land.''
Second, the tribe must demonstrate a ``substantial direct aboriginal
connection to the land.''
Simply put, tribes must demonstrate that both they and their
ancestors have a connection to the land in question.
In 2000, California voters thought they settled the question of
casino gaming when they passed Proposition 1A. This proposition
authorized the governor to negotiate gambling compacts that would make
Nevada-style casinos possible for ``federally recognized Indian tribes
on Indian lands.''
The words ``on Indian lands'' were key to Proposition 1A. This made
it clear that gaming is appropriate only on a tribe's historical lands,
and voters endorsed this bargain with 65 percent of the vote.
But fast-forward 10 years and this agreement is being put to the
test. In the last decade, the Department of the Interior has received
dozens of gaming applications; some for casinos nowhere near a tribe's
historic lands. Many of these requests have been granted and California
has become ground zero for tribal casinos. We have 58 Las Vegas style
casinos all across the State--from within miles of the Mexican border,
to within miles of the Oregon border.
The problem is only going to get worse. There are 67 tribes currently
seeking Federal recognition in California who will have the ability to
take ``initial lands'' into trust for gaming. This ``initial lands''
exemption gives landless tribes carte blanche when it comes to picking
a spot for their casino--urban areas, environmentally sensitive areas,
you name it! That is a real concern to me and my constituents.
As of May 2010, there were 11 applications for off-reservation or
restored lands casinos in California pending at the Department of the
Interior. These include projects near San Francisco, Barstow, and
Sacramento.
It also includes applications for casinos in San Diego and Riverside
Counties, where there are already 21 existing casinos.
By seeking to open casinos in urban areas close to the greatest
number of potential gamblers, instead of on historical lands, these
tribes are ignoring the will of California voters and the intent of
Congress when it passed the Indian Gaming Regulatory Act.
Unfortunately, without a legislative fix such as the Tribal Gaming
Eligibility Act, Californians have no power to stop these tribes from
opening unwanted casinos in their back yards.
But voters are still trying to make their voices heard, rejecting the
idea of reservation shopping. At one location, in Richmond, CA, a city
of nearly 100,000 in the middle of the Bay Area--a tribe proposed
taking land into trust to open a 4,000-slot-machine casino. Proponents
tout it as a major economic engine for a depressed area.
On November 2, Richmond voters made it clear how they feel: by a
margin of 58 to 42 percent, voters overwhelmingly rejected the advisory
Measure U on the Richmond casino and they elected two new city council
members who strongly oppose the casino. It was an unambiguous rejection
of this off-reservation gaming proposal.
Some people have tried to tell me that this is just a California
problem, and that we just need a California-solution. I am afraid this
is not the case.
The Department of the Interior is considering gaming applications for
tribes in Washington, Oregon, Mississippi, Nevada, and Massachusetts
just to name a few. I urge my colleagues to ask your constituents and
your community leaders if they have were consulted about these
proposals. Did they have any input? Were the needs of the cities,
counties, and neighboring tribes considered?
As a former mayor, I know the financial pressures that local
governments face, especially in these tough times. The temptation to
support large casinos can be strong. But I also know the heavy price
that society pays for the siren song of gambling. This price includes
addiction and crime, strained public services and increased traffic
congestion.
Some Indian gaming proponents, often backed by rich out-of-state
investors and gambling syndicates, would have us believe that these
off-reservation gaming establishments are a sign of growth and economic
development.
In 2006 the California Research Bureau compiled research on the
effects of casinos on communities, and they released a report entitled
Gambling in the Golden State. The results were staggering.
The development of new casinos is associated with a 10 percent
increase in violent crime and a 10 percent increase in bankruptcy
rates.
[[Page S2351]]
New casinos are also associated with an increase in law enforcement
expenditures of $15.34 per person.
California already spends an estimated $1 billion to deal with
problem-gamblers and pathological-gamblers, 75 percent of which
identify Indian casinos as their primary gambling preference.
This report confirmed what many local elected officials and community
activists already knew: casinos may create a few jobs, but they come
with a tremendous cost.
One reason for the high costs casinos is the woefully inadequate
oversight at Indian gambling facilities.
In California, gaming oversight officials are responsible for over
twice as much economic activity per inspector compared to their
counterparts in states with legalized commercial gambling. Using the
most recent data available from 2006:
California employed 180 gambling oversight officials to regulate $5.2
billion dollars in economic activity.
This means the State only employed 1 official for every $28.9 million
dollars of economic activity in the gambling industry.
By comparison, the 11 States that had legalized commercial gambling
averaged 1 oversight official per $12.1 million dollars of activity.
Furthermore, closed-door gaming compacts limit what little power
these investigators actually have. They cannot conduct unannounced
visits, they have little discretion on what penalties to enact, and
they cannot enforce their punishments when they are handed down. Quite
simply, it is a broken system.
I know that some may try to mischaracterize my legislation and say
that I am trying to limit the sovereignty of Native American tribes or
destroy their ability to undertake much needed economic development.
But I am here today to say that nothing could be farther from the
truth.
The fact of the matter is that most casinos are appropriately
placed--on historical tribal lands--and there is no need to argue about
the legitimacy of these establishments.
My legislation only deals with those proposals that are truly beyond
the scope of Congressional intent when the Indian Gaming Regulatory Act
was passed in 1988.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 771
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Gaming Eligibility
Act''.
SEC. 2. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 1988.
Section 20 of the Indian Gaming Regulatory Act (25 U.S.C.
2719) is amended--
(1) by striking the section designation and heading and all
that follows through ``(a) Except'' and inserting the
following:
``SEC. 20. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 1988.
``(a) In General.--Except''; and
(2) in subsection (b)--
(A) in paragraph (1)(B), in the matter preceding clause
(i), by inserting ``subject to paragraph (2),'' before
``lands are taken'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Applicability to certain land.--
``(A) In general.--Except as provided in subparagraph (D),
effective beginning on the date of enactment of the Tribal
Gaming Eligibility Act, in addition to any other requirements
under applicable Federal law, gaming conducted pursuant to an
exception under paragraph (1)(B) shall not be conducted on
land taken into trust after October 17, 1988, by the United
States for the benefit of an Indian tribe unless the
Secretary determines, on the date the land is taken into
trust, that the Indian tribe--
``(i) has received a written determination by the Secretary
that the land is eligible to be used for gaming under this
section; and
``(ii) demonstrates--
``(I) in accordance with subparagraph (B), a substantial,
direct, modern connection to the land taken into trust, as of
October 17, 1988; and
``(II) in accordance with subparagraph (C), a substantial,
direct, aboriginal connection to the land taken into trust.
``(B) Substantial, direct, modern connection.--In making a
determination under subparagraph (A)(ii)(I) that an Indian
tribe demonstrates a substantial, direct, modern connection
to land taken into trust as of October 17, 1988, the
Secretary shall certify that--
``(i) if the Indian tribe has a reservation--
``(I) the land is located within a 25-mile radius of the
tribal headquarters or other tribal governmental facilities
of the Indian tribe on the reservation;
``(II) the Indian tribe has demonstrated a temporal
connection to, or routine presence on, the land during the
period beginning on October 17, 1988, and ending on the date
of the certification; and
``(III) the Indian tribe has not been recognized or
restored to Federal recognition status during the 5-year
period preceding the date of the certification; or
``(ii) if the Indian tribe does not have a reservation--
``(I) the land is located within a 25-mile radius of an
area in which a significant number of members of the Indian
tribe reside;
``(II) the Indian tribe has demonstrated a temporal
connection to, or routine presence on, the land during the
period beginning on October 17, 1988, and ending on the date
of the certification; and
``(III)(aa) the land was included in the first-submitted
request of the Indian tribe for newly acquired land since the
date on which the Indian tribe was recognized or restored to
Federal recognition; or
``(bb)(AA) the application to take the land into trust was
received by the Secretary during the 5-year period beginning
on the date on which the Indian tribe was recognized or
restored to Federal recognition; and
``(BB) the Indian tribe is not conducting any gaming
activity on any other land.
``(C) Substantial, direct, aboriginal connection.--In
making a determination under subparagraph (A)(ii)(II) that an
Indian tribe demonstrates a substantial, direct, aboriginal
connection to land, the Secretary shall take into
consideration some or all of the following factors:
``(i) The historical presence of the Indian tribe on the
land, including any land to which the Indian tribe was
relocated pursuant to the forcible removal of tribal members
from land as a result of acts of violence, an Act of
Congress, a Federal or State administrative action, or a
judicial order.
``(ii) Whether the membership of the tribe can demonstrate
lineal descendent or cultural affiliation, in accordance with
section 10.14 of title 43, Code of Federal Regulations (or a
successor regulation).
``(iii) The area in which the unique language of the Indian
tribe has been used.
``(iv) The proximity of the land to culturally significant
sites of the Indian tribe.
``(v) The forcible removal of tribal members from land as a
result of acts of violence, an Act of Congress, a Federal or
State administrative action, or a judicial order.
``(vi) Other factors that demonstrate a temporal presence
of the Indian tribe on the land prior to the first
interactions of the Indian tribe with nonnative individuals,
the Federal Government, or any other sovereign entity.
``(D) Exceptions.--
``(i) In general.--Subparagraphs (A) through (C) shall not
apply--
``(I) to any land on which gaming regulated by this Act
will not take place;
``(II) to any land located within, or contiguous to, the
boundaries of the reservation of an Indian tribe, as of
October 17, 1988;
``(III) if--
``(aa) the relevant Indian tribe did not have a reservation
on October 17, 1988; and
``(bb) the land is located--
``(AA) in the State of Oklahoma and within the boundaries
of the former reservation of the Indian tribe, as defined by
the Secretary, or contiguous to other land held in trust or
restricted status by the United States for the Indian tribe
in the State of Oklahoma; or
``(BB) in a State other than Oklahoma and within the last
recognized reservation of the Indian tribe in any State in
which the Indian tribe is presently located; or
``(IV) if the relevant Indian tribe has--
``(aa) taken land into trust during the period beginning on
October 17, 1988, and ending on the date of enactment of the
Tribal Gaming Eligibility Act; and
``(bb) has received a written determination by the
Secretary that the land is eligible to be used for gaming
under this section.
``(ii) Certain decisions.--
``(I) In general.--Subject to subclause (II), subparagraphs
(A) through (C) shall not apply to a final agency decision
issued before the date of enactment of the Tribal Gaming
Eligibility Act.
``(II) Pending applications.--Subparagraphs (A) through (C)
shall apply to an application that is pending, but for which
a final agency decision has not been made, as of the date of
enactment of the Tribal Gaming Eligibility Act.
``(E) Administration.--An action under this paragraph shall
be considered a final administrative action for purposes of
subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the `Administrative Procedure
Act').''; and
(D) in paragraph (4) (as redesignated by subparagraph (B)),
by striking ``paragraph (2)(B)'' and inserting ``paragraph
(3)(B),''.
______
By Mr. LIEBERMAN (for himself, Ms. Collins, and Mr. Akaka):
S. 772. A bill to protect Federal employees and visitors, improve the
security of Federal facilities and authorize and modernize the Federal
Protective Service; to the Committee on Homeland Security and
Governmental Affairs.
[[Page S2352]]
Mr. LIEBERMAN. Mr. President, I am pleased to join with Senators
Collins and Akaka today to introduce the bipartisan SECURE Facilities
Act of 2011 to modernize and transform an important but often
overlooked agency within the Department of Homeland Security, DHS,
responsible for protecting 9,000 Federal buildings across the country.
The agency I refer to is the Federal Protective Service, FPS, where
1,200 full time employees and about 15,000 contract guards safeguard
not just the buildings, but the one million people who work at and
visit these buildings each year.
Unfortunately, the threat to government workers and property is all
too real. In 1995, a massive bomb decimated the Alfred P. Murrah
Federal Building in Oklahoma City, killing 168 people. The Pentagon was
one of the targets of the 9/11 terrorists. A wing of the building was
leveled and 184 people died. Last year, a man flew a small plane into a
building in Austin, TX, that housed an IRS and other government
offices. An IRS manager was killed. Earlier this year, our friend and
colleague, Congresswoman Gabrielle Giffords was critically shot at a
public forum. Most recently, a man planted an improvised explosive
device outside the McNamara Federal building in Detroit. A dozen or so
other violent incidents have occurred at federal buildings in the last
3 years. Protecting the people who work and visit federal buildings is
critical to maintaining the integrity of our democracy.
Security at these buildings, however, is not where it should be. Poor
management, serious budget shortfalls, and operational challenges have
diminished FPS' effectiveness and undermined public trust. FPS guards
were famously caught sleeping on the job, putting an infant in its
carrier through an X-ray machine, and failing to detect bomb-making
materials on investigators who passed through security.
The Federal Protective Service must be turned around, which is why we
are introducing this legislation to strengthen the agency's management,
provide it with the necessary resources to fulfill its mission, and
help it function at a higher level.
I want to single out for praise the Government Accountability Office,
GAO, whose excellent work has significantly informed our legislation.
At a July 8, 2009, hearing before the Homeland Security and
Governmental Affairs Committee, GAO unveiled the results of a year-long
investigation conducted at the Committee's request. GAO visited 6 of 11
FPS regions throughout the country and observed the guard inspection
process; interviewed managers, inspectors, and guards; analyzed guard
contracts, training and certification requirements, and instruction
documents. GAO's special investigations unit conducted its own covert
tests at 10 high security Federal facilities in several different
cities, some of which house district offices of our House and Senate
colleagues.
What did GAO find? A seriously dysfunctional agency. FPS lacks focus
and strategies for accomplishing its mission; contract guards don't
have adequate training; FPS personnel suffer from low morale; oversight
of contract guards is poor; and many standards that guide federal
building security are outdated.
GAO revealed that some guards lacked basic security or x-ray machine
training. The FPS was hard pressed to identify which guards were
qualified or effective. One guard used a government computer to run an
adult website during his shift, while another allowed a baby in a
carrier to pass through an x-ray machine. A third guard was
photographed asleep at his station.
GAO investigators smuggled through security at one building readily
available components to make a liquid-based improvised explosive
device. The investigators then made a bomb in a public restroom and
moved throughout the federal building undetected. I note that while the
components of the IED were real, the actual explosive liquids were
diluted to ensure the bomb was not functional.
FPS didn't come to this point overnight. In fact, its problems
multiplied when it was folded into DHS in 2003. At that point, the
agency lost access to supplemental funding from its previous parent
agency--the General Services Administration, GSA, and because of that,
immediately ran into trouble. FPS fell behind in paying its bills,
budget cuts hurt employee training and other functions, and personnel
cuts diminished the agency's overall performance. At the same time, FPS
was given more responsibilities, and the previous administration was
working to downsize the agency workforce by 1/3.
Reform legislation is very clearly needed, and the SECURE Facilities
Act of 2011 addresses many of the shortcomings detailed by GAO.
In particular, our legislation addresses four major challenges:
First, the bill would help the FPS carry out its mission by adding
almost 150 law enforcements and support personnel. The agency has
assumed increased responsibilities since it joined DHS but has done so
with fewer personnel, and that is unsustainable.
Second, our legislation would tackle deficiencies within the contract
guard program. FPS contract guards are the first line of defense at
Federal facilities, so we must ensure they are held to high standards
and are prepared and equipped to face the varied threats to which
federal buildings are vulnerable.
Third, the bill would ensure the FPS is prepared to address the
threat of explosives. The bombing of the Alfred P. Murrah Federal
Building in Oklahoma City occurred 16 years ago, but FPS has been slow
to deploy sufficient countermeasures to detect and deter that type of
attack.
Fourth, our bill would recognize the delicate balance between public
access and security. We have worked to put the emphasis on securing
Federal facilities but we also support avenues of appeal if a building
tenant believes a security measure unduly hinders public access. If the
Federal Protective Service is to be held accountable--by Congress, the
administration, and the American people--it should no longer be forced
to defend federal agencies that choose less costly and potentially less
effective security for their buildings.
On the question of resources, our bill, for the first time, would
formally authorize the FPS and the interagency government body
responsible for establishing security standards for all federal
facilities, the Interagency Security Committee. We would provide
additional funding for the agency by directing OMB to increase the
building security fees paid by other agencies. We would provide
resources for FPS to hire 146 full time employees. We would ensure that
FPS employs 1,200 full time employees or more at all times--a
conservative number that may require future increases.
Many of the additional employees would be law enforcement officers,
but FPS would also have the flexibility to hire administrative and
support personnel to improve its overall management, strengthen its
oversight of contract guards, monitor contractor performance, and share
contract assessments throughout the agency. The legislation also would
provide retirement benefits to FPS officers to help the agency recruit
and retain quality personnel.
Recognizing that the nation's fiscal health and our unsustainable
deficits demand budget tightening, it is especially critical that we
make wise budget decisions. I believe the evidence clearly demonstrates
the need for additional spending for FPS.
With regard to improved standards, our legislation would require FPS
to conduct overt and covert testing to assess guard training, test the
security of Federal facilities, and establish procedures for retraining
or terminating poor performing guards. The bill would also require that
basic documents and manuals describing the responsibilities of security
guards are up to date and periodically reviewed.
On explosives, we would require DHS to establish performance-based
standards for checkpoint detection technologies for explosives and
other threats at Federal facilities. Our bill would also allow FPS
officers to carry firearms off duty, as most other Federal law
enforcement officers can, allowing them to respond to incidents more
quickly. And, finally, the bill includes several reporting
requirements--on agency personnel needs, retention rates of contract
guards, the feasibility of federalizing the contract guard workforce,
and additional methods for preventing and detecting explosives in
federal facilities.
[[Page S2353]]
Based on the Committee's and GAO's oversight work over the past
several years, it is clear that Congress must move quickly to address
the remaining security vulnerabilities associated with our Federal
buildings.
I am confident that this comprehensive, bipartisan legislation will
foster meaningful reform, modernize the Federal Protective Service, and
improve the security of our Federal facilities across the country. I
urge my colleagues to support the bill and I thank Senator Collins,
Senator Akaka, former Senator Voinovich, and their dedicated staffs for
helping to get this bill introduced today.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 772
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Employee
Competency and Updating Readiness Enhancements for Facilities
Act of 2011'' or the ``SECURE Facilities Act of 2011''.
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) Facility used for activities covered under the atomic
energy act of 1954.--The term ``facility used for activities
covered under the Atomic Energy Act of 1954'' means--
(A) the Albuquerque National Nuclear Security
Administration Service Center;
(B) the Brookhaven National Laboratory and Brookhaven Site
Office;
(C) the Argonne National Laboratory, the Argonne Site
Office and the Chicago Service Center;
(D) the Department of Energy Office of Secure
Transportation, and associated field locations;
(E) the Idaho National Laboratory and the Idaho Site
Office;
(F) the Kansas City Plant and the Kansas City Site Office;
(G) the Pittsburgh Naval Reactors Office, Bettis Atomic
Power Laboratory, Idaho Naval Reactors Facility, and the
Knolls Atomic Power Laboratory;
(H) the Nevada Site Office and the Nevada National Security
Site;
(I) the Los Alamos National Laboratory and the Los Alamos
Site Office;
(J) the Lawrence Livermore National Laboratory and Lawrence
Livermore Site Office;
(K) the National Energy Technology Laboratory;
(L) the Oak Ridge National Laboratory, Department of Energy
Oak Ridge Office, and the Department of Energy East Tennessee
Technology Park;
(M) the Pantex Plant and Pantex Site Office;
(N) the Portsmouth Gaseous Diffusion Plant and Paducah
Gaseous Diffusion Plant;
(O) the Richland Operations Office and Hanford Site;
(P) the Sandia National Laboratories and Sandia Site
Office;
(Q) the Strategic Petroleum Reserve Project Office and the
Strategic Petroleum Reserve Sites;
(R) the Savannah River Plant and the Department of Energy
Office of Environmental Management's Savannah River Site
Office;
(S) the Savannah River National Laboratory;
(T) the National Nuclear Security Administration's National
Savannah River Site Office, the Tritium Extraction Facility
and Mixed Oxide Fuel Fabrication Facility;
(U) the Waste Isolation Pilot Plant; and
(V) the National Nuclear Security Administration's Y-12
Site Office and the Y-12 National Security Complex.
(4) 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--
(i) any building, grounds, or property used for military
activities; or
(ii) any facility used for activities covered under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
(5) 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.
(6) 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.
(7) 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) Facility used for activities covered under the atomic
energy act of 1954.--The term `facility used for activities
covered under the Atomic Energy Act of 1954' means--
``(A) the Albuquerque National Nuclear Security
Administration Service Center;
``(B) the Brookhaven National Laboratory and Brookhaven
Site Office;
``(C) the Argonne National Laboratory, the Argonne Site
Office and the Chicago Service Center;
``(D) the Department of Energy Office of Secure
Transportation, and associated field locations;
``(E) the Idaho National Laboratory and the Idaho Site
Office;
``(F) the Kansas City Plant and the Kansas City Site
Office;
``(G) the Pittsburgh Naval Reactors Office, Bettis Atomic
Power Laboratory, Idaho Naval Reactors Facility, and the
Knolls Atomic Power Laboratory;
``(H) the Nevada Site Office and the Nevada National
Security Site;
``(I) the Los Alamos National Laboratory and the Los Alamos
Site Office;
``(J) the Lawrence Livermore National Laboratory and
Lawrence Livermore Site Office;
``(K) the National Energy Technology Laboratory;
``(L) the Oak Ridge National Laboratory, Department of
Energy Oak Ridge Office, and the Department of Energy East
Tennessee Technology Park;
``(M) the Pantex Plant and Pantex Site Office;
``(N) the Portsmouth Gaseous Diffusion Plant and Paducah
Gaseous Diffusion Plant;
``(O) the Richland Operations Office and Hanford Site;
``(P) the Sandia National Laboratories and Sandia Site
Office;
``(Q) the Strategic Petroleum Reserve Project Office and
the Strategic Petroleum Reserve Sites;
``(R) the Savannah River Plant and the Department of Energy
Office of Environmental Management's Savannah River Site
Office;
``(S) the Savannah River National Laboratory;
``(T) the National Nuclear Security Administration's
National Savannah River Site Office, the Tritium Extraction
Facility and Mixed Oxide Fuel Fabrication Facility;
``(U) the Waste Isolation Pilot Plant; and
``(V) the National Nuclear Security Administration's Y-12
Site Office and the Y-12 National Security Complex.
``(6) 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--
``(i) any building, grounds, or property used for military
activities; or
[[Page S2354]]
``(ii) any facility used for activities covered under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
``(7) 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.
``(8) 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.
``(9) Infrastructure security canine team.--The term
`infrastructure security canine team' means a certified
canine and a Federal protective service officer that are
trained to detect explosives or other threats as defined by
the Secretary.
``(10) 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.
``(11) 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, contract employees, officers, 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, contract 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 at Federal facilities
protected by the Federal Protective Service; 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) Protective service guard contracting.--The Director
shall be responsible for all protective service guard
contracting requirements for those facilities owned or leased
by the General Services Administration, and other facilities
at the discretion of the Secretary.
``(15) 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 1,371
full-time equivalent employees, including not fewer than 950
in-service field staff in fiscal year 2012.
``(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 2012 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 180 days after the
date of enactment of the Supporting Employee Competency and
Updating Readiness Enhancements for Facilities Act of 2011,
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 2011,
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
[[Page S2355]]
``(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 2011,
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 2011.
``(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 2011, 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
2011, 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 2012 through
2015; 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; and
``(3) may request 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.
``(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. 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. 247. 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 248
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--
``(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. 248. 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.
[[Page S2356]]
``(D) Federal Emergency Management Agency.
``(E) Federal Reserve Board.
``(F) Internal Revenue Service.
``(G) National Aeronautics and Space Administration.
``(H) National Capital Planning Commission.
``(I) National Institute of Standards & Technology.
``(J) Nuclear Regulatory Commission.
``(K) Office of Personnel Management.
``(L) Securities and Exchange Commission.
``(M) Social Security Administration.
``(N) United States Coast Guard.
``(O) United States Postal Service.
``(P) United States Army Corps of Engineers.
``(Q) Court Services and Offender Supervision Agency.
``(R) Any other Federal officers as the President shall
appoint.
``(3) Government accountability office.--The Comptroller
General shall designate a representative to act as a liaison
to the Committee.
``(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 a minimum meet
quarterly.
``(g) Responsibilities.--The Committee shall--
``(1) not later than 1 year after the date of enactment of
the Supporting Employee Competency and Updating Readiness
Enhancements for Facilities Act of 2011, propose regulations
to the Secretary for promulgation 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 1-year 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 secure 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 or the Director of a--
``(A) facility security level determination;
``(B) Facility Security Committee decision to disapprove a
determination for necessary countermeasures or physical
security improvements if the Director considered such a
decision a grave risk to the facility or its occupants; or
``(C) 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 under this subtitle.
``(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 determinations 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
determinations 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.--Except as provided under subsection
(d), 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 2-year period;
``(C) an authorization may be renewed; and
``(D) not later than 60 days after an agency submits an
application to the Secretary for an authorization, the
Secretary shall respond to the agency; 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.
``(d) Authorization for Certain Department of Energy
Facilities.--Nothing in this section shall--
``(1) alter authorizations in effect as of the date of
enactment of the Supporting Employee Competency and Updating
Readiness Enhancements for Facilities Act of 2011 that have
been provided to the Department of Energy for headquarters
facilities located in Washington, D.C. and Germantown,
Maryland; or
``(2) preclude the Secretary and the Secretary of Energy
from renegotiating the terms of the authorizations for the
Department of Energy headquarters facilities located in
Washington, D.C. and Germantown, Maryland without regard to
the requirements of subsection (c).
``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;
[[Page S2357]]
``(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
2011, 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 determination of a facility security level
or a determination of noncompliance with Federal security
standards, the Chairperson of a Facility Security Committee
may file an appeal of the determination 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 determination of the
Federal Protective Service may be appealed under this
subsection, including any determination 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. Checkpoint detection technology standards.
``Sec. 247. Compliance of Federal facilities with Federal security
standards.
``Sec. 248. 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.
(a) Law Enforcement Authority of Secretary of Homeland
Security.--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;''.
(b) Carrying Concealed Firearms.--Section 926B(f) of title
18, United States Code, is amended by inserting ``, a law
enforcement officer of the Federal Protective Service'' after
``Federal Reserve,''.
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--
[[Page S2358]]
(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 Director of the Office of Management and
Budget 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. REPORT ON PREVENTING EXPLOSIVES FROM ENTERING
FEDERAL FACILITIES.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall submit a report to the appropriate
congressional committees on the feasibility, effectiveness,
safety and privacy implications of the use or potential use
of available methods to detect or prevent explosives from
entering Federal facilities, including the use of additional
canine teams, advanced imaging technology, or other
technology or methods for detecting explosives.
SEC. 11. 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.
Ms. COLLINS. Mr. President, I rise today to join Senator Lieberman
and
[[Page S2359]]
Senator Akaka in introducing the SECURE Facilities Act of 2011--
Supporting Employee Competency and Updating Readiness Enhancements.
This bill would help to improve inadequate security at too many of our
Federal buildings.
As a Nation, we have learned several hard truths. Terrorists are
intent on attacking the United States, and their tactics continue to
evolve. The early identification of a security gap can save countless
lives if we act promptly to close it. There is no substitute for pre-
emptive action to detect, disrupt, and defend against terrorist plots.
As we remember the lives lost when terrorists attacked the United
States in 2001, we must avoid complacency. Our country's defenses must
be nimble, multi-layered, informed by timely intelligence and
coordinated across multiple agencies.
This is difficult work, requiring painstaking attention to detail and
an unwavering focus. We must remain vigilant about the threats we face.
Unfortunately, the evidence indicates there are significant security
problems at Federal buildings where thousands of employees serve
thousands more of our citizens every work day.
The Federal Protective Service, FPS, is charged with securing nearly
9,000 Federal facilities and protecting the government employees who
work in them, and the Americans who use them to access vital services.
But, independent investigations by the Government Accountability
Office, at the request of our Committee, and the Department of Homeland
Security Inspector General have documented serious and systemic
security flaws within the operations of the FPS. These lapses place
Federal employees and private citizens at risk.
In April and May of 2009, for example, GAO's undercover investigators
smuggled bomb-making materials into 10 Federal office buildings. Every
single building GAO targeted was breached--a perfect record of security
failure. At each facility, concealed bomb components passed through
checkpoints monitored by FPS guards. Once inside, the covert GAO
investigators were able to assemble the simulated explosive devices
without interruption.
A July 2009 GAO report documented training flaws for FPS contract
guards, some of whom failed to receive mandatory training on the
operation of metal detectors and x-ray equipment. Other contract guards
were deficient in key certifications such as CPR, First Aid, and
firearms training. All told, GAO found that 62 percent of the FPS
contract guards it reviewed lacked valid certifications in one or more
of these areas.
This review also found that FPS did little to ensure compliance with
rules and regulations and failed to conduct inspections of guard posts
after regular business hours. When GAO investigators tested these
posts, they found some guards sleeping on an overnight shift.
In another example, an inattentive guard allowed a baby in a carrier
to pass through an x-ray machine on its conveyor belt. That guard was
fired, but he ultimately won a lawsuit against the FPS because the
agency could not document that he had received required training on the
machine.
A few months earlier, in April 2009, the Department of Homeland
Security's Inspector General also found critical failings in the FPS
contract guard program. The Inspector General's recommendations
included many concrete steps to strengthen contract guard performance,
such as improving the award and management of contracts and increasing
the amount of training and number of compliance inspections.
These reports demonstrate that American taxpayers are simply not
receiving the security they have paid for and that they expect FPS to
provide. The reports also show the vulnerabilities facing Federal
employees and federal infrastructure because of lax security.
While shining a light on these failings in multiple hearings, our
Committee pressed FPS to take action to close these security gaps.
Although some tentative steps have been taken by FPS, we can no longer
wait for OMB and DHS to implement the absolutely critical security
measures necessary to help protect our Federal buildings, our Federal
employees, and the American public.
The legislation that I introduce today, with Senators Lieberman and
Akaka, would help close these security gaps at our Federal buildings.
First, the bill would codify the Interagency Security Committee,
which was established by Executive Order 6 months after the Oklahoma
City bombing, to increase security standards at Federal facilities. The
ISC, comprised of representatives from agencies across the government,
would establish risk-based performance standards for the security of
Federal buildings. FPS would then enforce these requirements based on
the risk tier assigned the facility by the ISC.
Prior reports clearly demonstrate that FPS lacks authority to require
tenant agencies of a Federal facility to comply with recommended
security countermeasures.
For example, although FPS may ask tenant agencies to purchase or
repair security equipment like cameras and x-ray machines, these tenant
agencies can refuse to purchase or repair the equipment based on cost.
Since FPS has no enforcement mechanism, these machines are not
upgraded, or remain inoperable, and security suffers. With so much at
stake, tenant agencies should not be able to effectively overrule the
security experts on the ISC and at FPS.
To address this problem, our legislation would provide FPS the
authority needed to mandate the implementation of security measures at
a facility. FPS also would have the authority to inspect Federal
facilities to enforce compliance.
The bill would allow the FPS Director to charge additional fees if
tenant agencies fail to comply with applicable security standards. In
such cases, the Secretary also must notify Congress of the non-
compliant facilities.
Our bill also would require an independent analysis of FPS's long-
term staffing needs.
The government has an obligation to protect our Nation's security,
and our Federal buildings are targets for violence. This legislation
would provide FPS with stronger authority to improve security at our
Federal buildings.
The American public that relies on these facilities and the Federal
employees who work in them deserve better and more reliable protection.
______
By Mr. BAUCUS:
S. 774. A bill to appropriate funds for pay and allowances and
support for members of the Armed Forces, their families, and other
personnel critical to national security during a funding gap; to the
Committee on Appropriations.
Mr. BAUCUS. Mr. President, this is a bill to appropriate funds for
pay and allowances and support for members of the Armed Forced, their
families, and other personnel critical to national security during a
funding gap.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 774
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enduring Support for
Defenders of Freedom and Their Families Act''.
SEC. 2. APPROPRIATIONS FOR PAY AND ALLOWANCES AND SUPPORT FOR
MEMBERS OF THE ARMED FORCES, THEIR FAMILIES,
AND CERTAIN OTHER PERSONNEL CRITICAL TO
NATIONAL SECURITY DURING A FUNDING GAP.
(a) In General.--During a funding gap impacting the Armed
Forces and the Department of Homeland Security, the Secretary
of the Treasury shall make available to the Secretary of
Defense and the Secretary of Homeland Security, out of any
amounts in the general fund of the Treasury not otherwise
appropriated, amounts as follows:
(1) Such amounts as the Secretary of Defense and the
Secretary of Homeland Security determine to be necessary to
continue to provide pay and allowances (without interruption)
to the following:
(A) Members and dependents of the Army, the Navy, the Air
Force, the Marine Corps, the Coast Guard, including reserve
components thereof, and the U.S. Customs and Border
Protection, who perform active service during the funding
gap.
(B) At the discretion of the Secretary of Defense and the
Secretary of Homeland Security, such civilian personnel of
the Department of Defense and the Department of
[[Page S2360]]
Homeland Security who are providing support to the personnel
referred to in paragraph (1) as the Secretaries consider
appropriate.
(C) At the discretion of the Secretary of Defense and the
Secretary of Homeland Security, such personnel of contractors
of the Department of Defense and the Department of Homeland
Security who are providing direct support to the personnel
referred to in paragraph (1) as the Secretaries consider
appropriate.
(2) At the discretion of the Secretary of Defense and the
Secretary of Homeland Security, such amounts as the
Secretaries determine to be necessary to continue carrying
out programs (and the pay and allowances of personnel
carrying out such programs) that provide direct support to
the members of the Armed Forces and the Department of
Homeland Security, including programs as follows:
(A) Programs for the support of families, including child
care and family support services.
(B) Such programs of the Department of Defense for the
provision of medical treatment as the Secretary of Defense
considers appropriate, including programs for the provision
of rehabilitative services and counseling for combat injuries
(including, but not limited to, Post Traumatic Stress
Disorder (PTSD) and Traumatic Brain Injury (TBI)).
(b) Funding Gap Defined.--In this section, the term
``funding gap'' means any period of time after the beginning
of a fiscal year for which interim or full-year
appropriations for the personnel and other applicable
accounts of the Armed Forces and the Department of Homeland
Security for that fiscal year have not been enacted.
______
By Mr. UDALL of Colorado:
S. 784. A bill to prevent the shutdown of the Federal Government; to
the Committee on Appropriations.
Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that
the text of the bill be printed in the Record.
There being no objeciton, the text of the bill was ordered to be
printed in the Record, as follows:
S. 784
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing a Government
Shutdown Act''.
SEC. 2. AMENDMENT TO TITLE 31.
(a) In General.--Chapter 13 of title 31, United States
Code, is amended by inserting after section 1310 the
following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal
year (or, if applicable, for each fiscal year in a biennium)
does not become law before the beginning of such fiscal year
or a joint resolution making continuing appropriations is not
in effect, there are appropriated, out of any money in the
Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, excluding
any budget authority designated as an emergency or temporary
funding for projects or activities that are not part of
ongoing operations, to such sums as may be necessary to
continue any project or activity for which funds were
provided in the preceding fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, then in a
joint resolution making continuing appropriations for such
preceding fiscal year.
``(2) Appropriations and funds made available, and
authority granted, for a project or activity for any fiscal
year pursuant to this section shall be at a rate of
operations not in excess of the lower of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year; or
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to a joint
resolution making continuing appropriations for such
preceding fiscal year.
``(3) Appropriations and funds made available, and
authority granted, for any fiscal year pursuant to this
section for a project or activity shall be available for the
period beginning with the first day of a lapse in
appropriations and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether
or not such law provides for such project or activity) or a
continuing resolution making appropriations becomes law, as
the case may be; or
``(B) the last day of such fiscal year.
``(4) This section shall not provide funding for a new
fiscal year to continue any project or activity which is
funded under the provisions of this section at the end of the
preceding fiscal year until the enactment of a regular
appropriation Act or joint resolution making continuing
appropriations for such project or activity during such new
fiscal year.
``(b) An appropriation or funds made available, or
authority granted, for a project or activity for any fiscal
year pursuant to this section shall be subject to the terms
and conditions imposed with respect to the appropriation made
or funds made available for the preceding fiscal year, or
authority granted for such project or activity under current
law.
``(c) Appropriations and funds made available, and
authority granted, for any project or activity for any fiscal
year pursuant to this section shall cover all obligations or
expenditures incurred for such project or activity during the
portion of such fiscal year for which this section applies to
such project or activity.
``(d) Expenditures made for a project or activity for any
fiscal year pursuant to this section shall be charged to the
applicable appropriation, fund, or authorization whenever a
regular appropriation bill or a joint resolution making
continuing appropriations until the end of a fiscal year
providing for such project or activity for such period
becomes law.
``(e) This section shall not apply to a project or activity
during a fiscal year if any other provision of law (other
than an authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(f) For purposes of this section, the term `regular
appropriation bill' means any annual appropriation bill
making appropriations, otherwise making funds available, or
granting authority, for any of the following categories of
projects and activities:
``(1) Agriculture, rural development, Food and Drug
Administration, and related agencies programs.
``(2) The Department of Defense.
``(3) Energy and water development, and related agencies.
``(4) State, foreign operations, and related programs.
``(5) The Department of Homeland Security.
``(6) The Department of the Interior, Environmental
Protection Agency, and related agencies.
``(7) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
``(8) Military construction, veterans affairs, and related
agencies.
``(9) Science, the Departments of State, Justice, and
Commerce, and related agencies.
``(10) The Departments of Transportation, Housing and Urban
Development, and related agencies.
``(11) The Legislative Branch.
``(12) Financial services and general government.''.
(b) Clerical Amendment.--The analysis of chapter 13 of
title 31, United States Code, is amended by inserting after
the item relating to section 1310 the following new item:
``1311. Continuing appropriations.''.
(c) Effective Date.--The amendment made by this section
shall apply to fiscal years beginning fiscal year 2011.
____________________