[Congressional Record (Bound Edition), Volume 156 (2010), Part 11]
[Senate]
[Pages 16012-16023]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

  By Ms. MURKOWSKI:
  S. 3802. A bill to designate a mountain and icefield in the State of 
Alaska as the ``Mount Stevens'' and ``Ted Stevens Icefield'', 
respectively; to the Committee on Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, I rise today to introduce legislation 
that is very near to my heart, a bill to provide a lasting permanent 
tribute to former Alaska U.S. Senator Ted Stevens, who died Aug. 9th in 
a plane crash in southwest Alaska during a fishing trip. The bill 
actually calls for creation of two permanent tributes to the Senator, 
the naming of Alaska's currently highest unnamed mountain peak in honor 
of the Senator, calling the 13,895-foot peak in southern Denali 
National Park, Mount Stevens, and the naming of part of the State's 
largest ice field in the Chugach Mountains as the Ted Stevens Icefield.
  Ted Stevens, a colleague of most of us in this body, and a lawmaker 
that I interned for more than 30 years ago, truly was Alaska. He was 
the State's senator for all but 11 years of its current existence as a 
State. During his more than 40 years in the Senate he played a 
significant role in the transformation of Alaska from an impoverished 
territory to a full-fledged State. Senator Stevens, a pilot during 
World War II, came to Alaska as a U.S. Attorney in the then territory 
of Alaska in 1956. He later served in the Eisenhower Administration 
where he was a leading force in writing the legislation that led to the 
admission of Alaska as the 49th State in the Union on Jan. 3, 1959.
  In 1961, he moved back from Washington, D.C. to Alaska where he was 
elected to the Alaska House of Representatives just after the state's 
great earthquake in 1964. He was subsequently elected as Speaker pro 
tempore and majority leader until his appointment to the U.S. Senate on 
Christmas Eve of 1968 upon the death of one of the State's two original 
senators, E.L. ``Bob'' Bartlett. He was elected in his own right 7 
times over the next 40 years, becoming the longest-serving Republican 
Senator in U.S. history. Stevens was third in line for the Presidency 
from 2003 through 2007.
  While he is remembered by all in Alaska for his tireless efforts to 
win Federal support to develop the young State's largely 19th Century 
frontier infrastructure, he did so much more for all Alaskans. He 
worked tirelessly to enact the Alaska Native Claims Settlement Act that 
settled aboriginal land claims and gave Alaska Natives the right to 
select about 44 million acres of Alaska's 365-million acres to protect 
their long-term economic, cultural and political future.
  Ted helped the State develop an economy by authoring the Trans-Alaska 
Pipeline Authorization Act, which permitted oil to flow to market from 
the State's North Slope. He authored the Magnuson-Stevens Fishery 
Conservation and Management Act and the High Seas Driftnet Fisheries 
Enforcement Act that ended the foreign domination of fishing fleets in 
Alaskan and American waters, allowing the State's commercial fishing 
industry to rebound. He was a leader in telecommunication policies, 
leading efforts to pass the Telecommunications Act of 1996 that paved 
the way to an era of digital television and communications in this 
country and also launched telemedicine and distance learning. And he

[[Page 16013]]

attempted to make the Alaska National Interest Lands Conservation Act 
as workable as possible for the State, while protecting more than 100 
million acres of Alaska in parks and refuges--the largest single 
conservation bill in the Nation's history.
  Ted was a committed sportsman, who loved outdoor pursuits such as 
fishing and hunting, and also amateur sports, authoring the Ted Stevens 
Amateur and Olympic Sports Act, Title IX amendments to encourage 
women's sports, and the Carol M. White Physical Education Program that 
did so much to improve physical education in schools and colleges 
nationwide. He also became a true expert on defense issues, providing 
unconditional support to the Armed Forces of the United States in his 
role as chairman and ranking member of the Subcommittee on Defense 
Appropriations for more than two decades.
  Ted Stevens truly was a mountain of a man in policy development for 
the State of Alaska and thus it is a pleasure to seek to name both a 
mountain and an ice field in his honor. The peak proposed for naming is 
the peak referred to as South Hunter peak in the climbing community. It 
is located on the southern side of Denali National Park. At 13,895 feet 
it is the largest peak still unnamed in the State and also a peak 
visible on a clear day from the Parks Highway, the main north-south 
road for travelers between Fairbanks and Anchorage, two cities in 
Alaska that Ted is most associated with helping develop.
  The ice field in the uplands of the Chugach Mountains is the base for 
the Harvard, Yale, Columbia, Matanuska, Nelchina, Tazlina, Valdez and 
Shoup Glaciers--the Harvard being particularly appropriate to be 
associated with a man who graduated from Harvard Law School in 1950. 
The entire Chugach Icefield, at 8,340 square miles, the largest in 
Alaska, will provide a fitting tribute for a senator whose breadth of 
knowledge covered all of Alaska's 586,000 square miles and whose love 
of the State and its residents was even larger.
  This bill follows proper procedure by directing the U.S. Geographical 
Place Names Board to name the peak and ice field for the State's former 
senior senator, it not being done directly by Congress. But to 
guarantee timely action, it requires the board to act within 30 days of 
the bill's enactment.
  While there are a number of facilities in Alaska that bear the name 
of Senator Stevens, this bill will guarantee that future generations of 
Alaskans will remember him when they engage in the outdoor pursuits 
that all Alaskans love, from mountain climbing to fishing in the waters 
of Prince William Sound and the rivers of South central Alaska, all 
fueled by the meltwater from the huge ice field that dominates the 
South central landscape.
  This is a fitting tribute for a mentor and friend, to whom Alaskans 
owe so much. I hope for quick passage of this act by this Congress to 
provide another lasting legacy for Senator Ted Stevens.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Hatch, Ms. Klobuchar, Mr. 
        Whitehouse, Mr. Schumer, Mr. Kohl, Mr. Specter, Mr. Durbin, Mr. 
        Bayh, Mr. Voinovich, and Mrs. Feinstein):
  S. 3804. A bill to combat online infringement, and for other 
purposes; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, few things are more important to the future 
of the American economy and job creation than protecting our 
intellectual property. The Chamber of Commerce estimates that American 
intellectual property accounts for more than $5 trillion of the 
country's gross domestic product, and IP-intensive industries employ 
more than 18 million workers. Each year, online piracy and the sale of 
counterfeit goods cost American businesses billions of dollars, and 
result in hundreds of thousands of lost jobs. Studies recently cited by 
the AFL-CIO estimate that digital theft of movies and music alone costs 
more than 200,000 jobs. This is unacceptable in any economic climate. 
It is devastating today.
  The severity of the problem continues to increase and businesses of 
all types and sizes--and their employees--are the victims. In Vermont, 
companies like Burton Snowboards and the Vermont Teddy Bear Company are 
well recognized brands that depend on the enforcement of our 
intellectual property laws to keep their businesses thriving.
  The growth of the digital marketplace is extraordinary and it gives 
creators and producers new opportunities to reach consumers. But it 
also brings with it the perils of piracy and counterfeiting. The 
increased usage and accessibility of the Internet has transformed it 
into the new Main Street. Internet purchases have become so commonplace 
that consumers are less wary of online shopping and therefore more 
easily victimized by online products that may have health, safety or 
other quality concerns when they are counterfeit.
  Today, I am introducing the bipartisan Combating Online Infringement 
and Counterfeits Act, which will provide the Justice Department with an 
important tool to crack down on Web sites dedicated to online 
infringement. This legislation will protect the investment American 
companies make in developing brands and creating content and will 
protect the jobs associated with those investments. Protecting 
intellectual property is not uniquely a Democratic or Republican 
priority--it is a bipartisan priority.
  The Justice Department is currently limited in the remedies available 
to prevent Web sites dedicated to offering infringing content. These 
Web sites are often based overseas yet target American consumers. 
American consumers are too often deceived into thinking the products 
they are purchasing are legitimate because the Web sites reside at 
familiar-sounding domain names and are complete with corporate 
advertising, credit card acceptance, and advertising links that make 
them appear legitimate.
  The Combating Online Infringement and Counterfeits Act will give the 
Department of Justice an expedited process for cracking down on these 
rogue Web sites, regardless of whether the Web site's owner is located 
inside or outside of the United States. This legislation authorizes the 
Justice Department to file an in rem civil action against the domain 
name, and to seek an order from the court that the domain name is used 
to access a Web site that is dedicated to infringing activities. Once 
the court issues an order against the domain name, the Attorney General 
would have the authority to serve the domain name's U.S. based registry 
or registrar with that order, which would then be required to suspend 
the infringing domain name.
  Where the registry or registrar is not located in the United States, 
the Act would provide the Attorney General the authority to serve the 
order on other specified third parties at its discretion, including 
Internet service providers, payment processors, and online ad network 
providers. These third parties, which are critical to the financial 
viability of the infringing Web site's business, would then be required 
to stop doing business with that Web site by, for example, blocking 
online access to the rogue site or not processing the Web site's 
purchases.
  This legislation will provide the Department of Justice with an 
important tool to protect American consumers, American businesses, and 
American jobs. We should not expect that enactment of the legislation 
will completely solve the problem of online infringement, but it will 
make it more difficult for foreign entities to profit off American hard 
work and ingenuity. This bill targets the most egregious actors, and is 
an important first step to putting a stop to online piracy and sale of 
counterfeit goods.
  I look forward to working with all Senators to pass this important, 
bipartisan legislation.
  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. 3804

       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 ``Combating Online 
     Infringement and Counterfeits Act''.

[[Page 16014]]



     SEC. 2. INTERNET SITES DEDICATED TO INFRINGING ACTIVITIES.

       Chapter 113 of title 18, United States Code, is amended by 
     adding at the end the following:

     ``Sec. 2324. Internet sites dedicated to infringing 
       activities

       ``(a) Definition.--For purposes of this section, an 
     Internet site is `dedicated to infringing activities' if such 
     site--
       ``(1) is otherwise subject to civil forfeiture to the 
     United States Government under section 2323; or
       ``(2) is--
       ``(A) primarily designed, has no demonstrable, commercially 
     significant purpose or use other than, or is marketed by its 
     operator, or by a person acting in concert with the operator, 
     to offer--
       ``(i) goods or services in violation of title 17, United 
     States Code, or enable or facilitate a violation of title 17, 
     United States Code, including by offering or providing access 
     to, without the authorization of the copyright owner or 
     otherwise by operation of law, copies of, or public 
     performance or display of, works protected by title 17, in 
     complete or substantially complete form, by any means, 
     including by means of download, transmission, or otherwise, 
     including the provision of a link or aggregated links to 
     other sites or Internet resources for obtaining such copies 
     for accessing such performance or displays; or
       ``(ii) to sell or distribute goods, services, or materials 
     bearing a counterfeit mark, as that term is defined in 
     section 34(d) of the Act entitled `An Act to provide for the 
     registration and protection of trademarks used in commerce, 
     to carry out the provisions of certain international 
     conventions, and for other purposes', approved July 5, 1946 
     (commonly referred to as the `Trademark Act of 1946' or the 
     `Lanham Act'; 15 U.S.C. 1116(d)); and
       ``(B) engaged in the activities described in subparagraph 
     (A), and when taken together, such activities are central to 
     the activity of the Internet site or sites accessed through a 
     specific domain name.
       ``(b) Injunctive Relief.--On application of the Attorney 
     General following the commencement of an action pursuant to 
     subsection (c), the court may issue a temporary restraining 
     order, a preliminary injunction, or an injunction against the 
     domain name used by an Internet site dedicated to infringing 
     activities to cease and desist from undertaking any 
     infringing activity in violation of this section, in 
     accordance with rule 65 of the Federal Rules of Civil 
     Procedure. A party described in subsection (e) receiving an 
     order issued pursuant to this section shall take the 
     appropriate actions described in subsection (e).
       ``(c) In Rem Action.--
       ``(1) In general.--The Attorney General may commence an in 
     rem action against any domain name used by an Internet site 
     in the judicial district in which the domain name registrar 
     or domain name registry is located, or, if pursuant to 
     subsection (d)(2), in the District of Columbia, if--
       ``(A) the domain name is dedicated to infringing 
     activities; and
       ``(B) the Attorney General simultaneously--
       ``(i) sends a notice of the alleged violation and intent to 
     proceed under this subsection to the registrant of the domain 
     name at the postal and e-mail address provided by the 
     registrant to the registrar, if available; and
       ``(ii) publishes notice of the action as the court may 
     direct promptly after filing the action.
       ``(2) Service of process.--For purposes of this section, 
     the actions described under paragraph (1)(B) shall constitute 
     service of process.
       ``(d) Situs.--
       ``(1) Domains for which the registry or registrar is 
     located domestically.--In an in rem action commenced under 
     subsection (c), a domain name shall be deemed to have its 
     situs in the judicial district in which--
       ``(A) the domain name registrar or registry is located, 
     provided that for a registry that is located in more than 1 
     judicial district, venue shall be appropriate at the 
     principal place where the registry operations are performed; 
     or
       ``(B) documents sufficient to establish control and 
     authority regarding the disposition of the registration and 
     use of the domain name are deposited with the court.
       ``(2) Domains for which the registry or registrar is not 
     located domestically.--
       ``(A) Action brought in district of columbia.--If the 
     provisions of paragraph (1) do not apply to a particular 
     domain name, the in rem action may be brought in the District 
     of Columbia to prevent the importation into the United States 
     of goods and services offered by an Internet site dedicated 
     to infringing activities if--
       ``(i) the domain name is used to access such Internet site 
     in the United States; and
       ``(ii) the Internet site--

       ``(I) conducts business directed to residents of the United 
     States; and
       ``(II) harms intellectual property rights holders that are 
     residents of the United States.

       ``(B) Determination by the court.--For purposes of 
     determining whether an Internet site conducts business 
     directed to residents of the United States under subparagraph 
     (A)(ii)(I), a court shall consider, among other indicia 
     whether--
       ``(i) the Internet site is actually providing goods or 
     services to subscribers located in the United States;
       ``(ii) the Internet site states that it is not intended, 
     and has measures to prevent, infringing material from being 
     accessed in or delivered to the United States;
       ``(iii) the Internet site offers services accessible in the 
     United States; and
       ``(iv) any prices for goods and services are indicated in 
     the currency of the United States.
       ``(e) Service of Court Order.--
       ``(1) Domestic domains.--In an in rem action to which 
     subsection (d)(1) applies, the Attorney General shall serve 
     any court order issued pursuant to this section on the domain 
     name registrar or, if the domain name registrar is not 
     located within the United States, upon the registry. Upon 
     receipt of such order, the domain name registrar or domain 
     name registry shall suspend operation of, and lock, the 
     domain name.
       ``(2) Nondomestic domains.--
       ``(A) Entity to be served.--In an in rem action to which 
     subsection (d)(2) applies, the Attorney General may serve any 
     court order issued pursuant to this section on any entity 
     listed in clauses (i) through (iii) of subparagraph (B).
       ``(B) Required actions.--Upon receipt of a court order 
     issued pursuant to this section--
       ``(i) a service provider, as that term is defined in 
     section 512(k)(1) of title 17, United States Code, or other 
     operator of a domain name system server shall take reasonable 
     steps that will prevent a domain name from resolving to that 
     domain name's Internet protocol address;
       ``(ii) a financial transaction provider, as that term is 
     defined in section 5362(4) of title 31, United States Code, 
     shall take reasonable measures, as expeditiously as 
     practical, to prevent--

       ``(I) its service from processing transactions for 
     customers located within the United States based on purchases 
     associated with the domain name; and
       ``(II) its trademarks from being authorized for use on 
     Internet sites associated with such domain name; and

       ``(iii) a service that serves contextual or display 
     advertisements to Internet sites shall take reasonable 
     measures, as expeditiously as practical, to prevent its 
     network from serving advertisements to an Internet site 
     accessed through such domain name.
       ``(3) Immunity.--No cause of action shall lie in any 
     Federal or State court or administrative agency against any 
     entity receiving a court order issued under this section, or 
     against any director, officer, employee, or agent thereof, 
     for any action reasonably calculated to comply with this 
     section or arising from such order.
       ``(f) Publication of Orders.--The Attorney General shall 
     inform the Intellectual Property Enforcement Coordinator of 
     all court orders issued under this section directed to 
     specific domain names associated with Internet sites 
     dedicated to infringing activities. The Intellectual Property 
     Enforcement Coordinator shall post such domain names on a 
     publicly available Internet site, together with other 
     relevant information, in order to inform the public.
       ``(g) Enforcement of Orders.--In order to compel compliance 
     with this section, the Attorney General may bring an action 
     against any party receiving a court order issued pursuant to 
     this section that willfully or persistently fails to comply 
     with such order. A showing by the defending party in such 
     action that it does not have the technical means to comply 
     with this section shall serve as a complete defense to such 
     action.
       ``(h) Modification or Vacation of Orders; Dismissal.--
       ``(1) Modification or vacation of order.--At any time after 
     the issuance of a court order constituting injunctive relief 
     under this section--
       ``(A) the Attorney General may apply for a modification of 
     the order--
       ``(i) to expand the order to apply to a domain name that is 
     reconstituted using a different domain name subsequent to the 
     original order, and
       ``(ii) to include additional domain names that are used in 
     substantially the same manner as the Internet site against 
     which the action was brought,

     by providing the court with clear indicia of joint control, 
     ownership, or operation of the Internet site associated with 
     the domain name subject to the order and the Internet site 
     associated with the requested modification; and
       ``(B) a defendant or owner or operator of a domain name 
     subject to the order, or any party required to take action 
     based on the order, may petition the court to modify, 
     suspend, or vacate the order, based on evidence that--
       ``(i) the Internet site associated with the domain name 
     subject to the order is no longer dedicated to infringing 
     activities; or
       ``(ii) the interests of justice require that the order be 
     modified, suspended, or vacated.
       ``(2) Dismissal of order.--A court order constituting 
     injunctive relief under this section issued against a domain 
     name used by an Internet site dedicated to infringing 
     activities shall automatically cease to have any force or 
     effect upon expiration of the

[[Page 16015]]

     registration of the domain name. It shall be the 
     responsibility of the domain name registrar to notify the 
     court of such expiration.
       ``(i) Savings Clause.--Nothing in this section shall be 
     construed to limit civil or criminal remedies available to 
     any person (including the United States) for infringing 
     activities on the Internet pursuant to any other Federal or 
     State law.
       ``(j) Internet Sites Alleged by the Department of Justice 
     to Be Dedicated to Infringing Activities.--
       ``(1) In general.--The Attorney General shall maintain a 
     public listing of domain names that, upon information and 
     reasonable belief, the Department of Justice determines are 
     dedicated to infringing activities but for which the Attorney 
     General has not filed an action under this section.
       ``(2) Protection for undertaking corrective measures.--If 
     an entity described under subsection (e) takes any action 
     specified in such subsection with respect to a domain name 
     that appears on the list established under paragraph (1), 
     then such entity shall receive the immunity protections 
     described under subsection (e)(3).
       ``(3) Removal from list.--The Attorney General shall 
     establish and publish procedures for the owner or operator of 
     a domain name appearing on the list established under 
     paragraph (1) to petition the Attorney General to remove such 
     domain name from the list based on any of the factors 
     described under subsection (h)(1)(B).
       ``(4) Judicial review.--
       ``(A) In general.--After the Attorney General makes a final 
     determination on a petition to remove a domain name appearing 
     on the list established under paragraph (1) filed by an 
     individual pursuant to the procedures referred to in 
     paragraph (3), the individual may obtain judicial review of 
     such determination in a civil action commenced not later than 
     90 days after notice of such decision, or such further time 
     as the Attorney General may allow.
       ``(B) Jurisdiction.--A civil action for such judicial 
     review shall be brought in the district court of the United 
     States for the judicial district in which the plaintiff 
     resides, or has a principal place of business, or, if the 
     plaintiff does not reside or have a principal place of 
     business within any such judicial district, in the District 
     Court of the United States for the District of Columbia.
       ``(C) Answer.--As part of the Attorney General's answer to 
     a complaint for such judicial review, the Attorney General 
     shall file a certified copy of the administrative record 
     compiled pursuant to the petition to remove, including the 
     evidence upon which the findings and decision complained of 
     are based.
       ``(D) Judgment.--The court shall have power to enter, upon 
     the pleadings and transcript of the record, a judgment 
     affirming or reversing the result of the Attorney General's 
     determination on the petition to remove, with or without 
     remanding the cause for a rehearing.''.

     SEC. 3. REQUIRED ACTIONS BY THE ATTORNEY GENERAL.

       The Attorney General shall--
       (1) publish procedures to receive information from the 
     public about Internet sites that are dedicated to infringing 
     activities, as that term is defined under section 2324 of 
     title 18, United States Code;
       (2) provide guidance to intellectual property rights 
     holders about what information such rights holders should 
     provide the Department of Justice to initiate an 
     investigation pursuant to such section 2324;
       (3) provide guidance to intellectual property rights 
     holders about how to supplement an ongoing investigation 
     initiated pursuant to such section 2324;
       (4) establish standards for prioritization of actions 
     brought under such section 2324; and
       (5) provide appropriate resources and procedures for case 
     management and development to affect timely disposition of 
     actions brought under such section 2324.

  Mr. HATCH. Mr. President, I rise to express my support for S. 3804, 
the Combating Online Infringement and Counterfeits Act, as introduced 
by Senator Patrick Leahy of Vermont. Over the years, Senator Leahy and 
I have tackled some of the most complex issues related to intellectual 
property enforcement. With the introduction of today's bill, we narrow 
our focus on the pervasive practice of online piracy and 
counterfeiting.
  In our global economy the Internet has become the glue of 
international commerce--connecting consumers with a wide-array of 
products and services worldwide. But it has also become a tool for 
online thieves to sell counterfeit and pirated goods. These online 
thieves are making hundreds of millions of dollars by luring consumers 
to what appear to be legitimate websites, where unauthorized downloads, 
streaming or downloaded copyrighted content and counterfeit goods are 
sold. Not only do these websites facilitate massive theft of American 
IP, but they undermine legitimate commerce.
  We cannot afford to not act, especially when, by some estimates, IP 
accounts for a third of the market value of all U.S. stocks--
approximately five trillion dollars or more. That accounts for more 
than 40 percent of the U.S. gross domestic product, and is greater than 
the entire GDP of any other nation in the world.
  Utah is considered a very popular state for film and television 
production activity. Nothing compares to the red rock of Southern Utah 
or the sweeping grandeur of the Wasatch Mountains. Not to mention 
Utah's workforce is one of the most highly educated and hardworking 
around. It is estimated that the motion picture and television 
industries are responsible for over 6,930 direct jobs and $180.8 
million in wages in Utah. That is why we must combat online piracy and 
counterfeiting, for they threaten the vitality of the U.S. economy and 
its workforce.
  Just recently the Congressional International Anti-Piracy Caucus, on 
which I serve as cochairman, introduced the 2010 International Piracy 
Watch List, a report of those nations where copyright piracy has 
reached alarming levels. For the first time the Caucus also highlighted 
the problem of websites that provide unauthorized access to copyrighted 
works made by U.S. creators. The websites singled out were China's 
Baidu, Canada's isoHunt, Ukraine's MP3fiesta, Sweden's Pirate Bay, 
Germany's Rapidshare and Luxembourg's RMX4U. This is a sobering 
reminder of just how organized and sophisticated these websites have 
become in perpetrating online criminal activity.
  There is no quick fix to this problem, unfortunately. But one thing 
is for certain: doing nothing is not an option. We must explore ways, 
albeit in incremental steps, to take down offending websites. For this 
reason, I believe the Combating Online Infringement and Counterfeits 
Act is a critical step forward in our ongoing fight against online 
piracy and counterfeiting.
  If enacted, the Combating Online Infringement and Counterfeits Act 
would provide the Department of Justice, DOJ, an expedited process for 
cracking down on websites that traffic in pirated goods or services.
  The bill would also authorize the DOJ to file an in rem civil action 
against a domain name, and seek a preliminary order from the court that 
the domain name is being used to sell infringing material.
  If this legislation is enacted, the DOJ will be required to publish 
notice of the action promptly after filing, and it would have to 
demonstrate that the owners of the site engaged in substantial and 
repeated online piracy or counterfeiting. The bill also includes 
substantial safeguards to prevent abuse by the DOJ. For example, a 
Federal court would have the final say as to whether a particular site 
would be cut off from supportive services. In addition, the bill would 
allow owners or site operators to petition the court to lift the order.
  I am pleased with the progress that we have made so far on this bill 
and look forward to working with my colleagues on further refinements 
as it moves through the legislative process. We must take steps to 
combat those websites that are profiting from stolen American 
intellectual property.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Udall of New Mexico, Mr. 
        Schumer, and Mr. Bennet):
  S. 3805. A bill to authorize the Attorney General to award grants for 
States to implement minimum and enhanced DNA collection processes; to 
the Committee on the Judiciary.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the Katie 
Sepich Enhanced DNA Collection Act of 2010. I am pleased that Senators 
Udall of New Mexico, Schumer, and Bennet of Colorado, are joining me 
today in sponsoring this important piece of legislation.
  Similar legislation, which was championed in the House of 
Representatives by Congressman Teague, overwhelmingly passed that body 
with a bipartisan vote of 357 to 32. The bill is named after Katie 
Sepich, a promising graduate student attending New Mexico State 
University who was tragically murdered in 2003.
  The man who killed Katie was arrested for aggravated assault about

[[Page 16016]]

three months after the murder. Although police had collected the 
killer's DNA from the crime scene, because there was no requirement 
that DNA be taken from individuals arrested for serious felonies, 
police weren't able to get a match until about three years after the 
murder when the man was sent to prison after being convicted of 
unrelated crimes.
  If New Mexico had the arrestee law then that it has today it would 
have taken three months, not three years, to solve the crime. Katie's 
mother, Jayann, has worked tirelessly at the state and Federal level to 
give law enforcement the tools they need to promptly solve crimes and 
ensure that other mothers don't have to suffer the same horrible ordeal 
that her family has. I commend Congressman Teague for taking up this 
cause in the House, and I look forward to helping with this effort in 
the Senate.
  We can't get Katie back, or the other lives that have been lost to 
these senseless crimes, but we can do something to help solve cases and 
prevent similar crimes from occurring in the future. One such step is 
to enhance the capacity of states to collect the DNA of individuals 
arrested for certain felony crimes, which would substantially increase 
the ability of law enforcement to match DNA found at crimes scenes with 
that of suspects and individuals who have been previously arrested, 
charged, or convicted of crimes.
  The Federal Government and about half the states, including New 
Mexico, currently collect arrestee DNA for serious offenses. This has 
proven to be a very effective tool in solving cases, and it makes sense 
to incentivize states to continue and to expand this effort. Since New 
Mexico implemented ``Katie's Law'' in 2007, there have been about 100 
matches of arrestees. It is also important to note that DNA collection 
has not only demonstrated its effectiveness in terms of saving lives 
and preventing crimes, but it has also proved to be an important means 
of ensuring that innocent individuals are not mistakenly jailed for 
crimes they did not commit.
  Let me take a moment to specifically describe what this legislation 
would, and would not, do. First, this legislation is aimed at creating 
an incentive for states to enact arrestee DNA collection programs. It 
is not a mandate. States that meet minimum collection guidelines could 
apply for DOJ grant assistance in covering the first-year costs that 
they have incurred or will incur in implementing the standards. If they 
enact laws in accordance with the enhanced guidelines, States would be 
eligible for an additional bonus payment.
  Second, the bill encourages DNA testing for serious felonies, such as 
murder, sex crimes, aggravated assault, and burglary. It is narrowly 
tailored to apply to the most serious crimes. Third, the legislation 
provides that all of the expungement provisions under federal law are 
applicable. Arrestees who have their DNA included in the federal 
database may have their records expunged if their conviction is 
overturned, they are acquitted, or charges are dismissed or not filed 
within the applicable time period. Furthermore, the bill provides that 
as a condition of receiving a grant states must notify individuals who 
submit samples of the relevant expungement procedures and post the 
information on a public Web site.
  Lastly, I would like to address the concerns some have raised about 
the constitutionality of collecting arrestee DNA. Although courts have 
upheld the collection of arrestee DNA, I recognize that the question of 
whether the collection of a DNA sample from an arrestee is consistent 
with the Fourth Amendment isn't a completely settled question of law. 
Some courts have viewed the collection as something akin to 
fingerprinting and other courts have viewed it as a more intrusive 
search, such as the taking of a blood sample. However, the Department 
of Justice has stated that it believes that this legislation is 
constitutional and is supportive of encouraging states to pass DNA 
arrestee laws. I believe that such programs, with appropriate 
safeguards in place, have demonstrated that they can be a very 
effective mechanism to save lives, solve crimes, and prevent wrongful 
convictions.
  For these reasons, I urge my colleagues to support this important 
legislation.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, and Mr. 
        Voinovich):
  S. 3806. 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.
  Mr. LIEBERMAN. Mr. President, I am pleased to join with Senators 
Collins, Akaka, and Voinovich today to introduce the bipartisan SECURE 
Facilities Act of 2010--legislation that would modernize and reform an 
important but often overlooked agency within the Department of Homeland 
Security, DHS: the Federal Protective Service, FPS.
  FPS--with just 1,200 full time employees and approximately 15,000 
contract guards--is responsible for security at 9,000 Federal buildings 
across the land. That mission, unfortunately, is in grave peril--due to 
severe budget shortfalls, mismanagement, and multiple operational 
challenges. That is why we are introducing legislation today to reform 
the agency, provide it with adequate resources, strengthen its 
management capabilities, and help it function at a higher level so it 
can protect visitors and employees at Federal buildings across this 
country more effectively.
  Let me provide some background. When FPS was folded into DHS in 2003, 
it lost access to supplemental funding from its previous parent 
agency--the General Services Administration. FPS immediately ran into 
trouble. It had difficulty paying its bills, budget cuts hurt employee 
training and other important functions, and personnel cuts negatively 
affected the agency's performance. All this occurred even as the agency 
was given more responsibilities, and the Administration was trying to 
downsize the FPS workforce by one-third.
  To assist us in our oversight of the agency, Senators Collins, Akaka, 
Voinovich, and I asked the Government Accountability Office, GAO, in 
February 2007 to initiate a comprehensive review of the FPS. GAO 
reported to Congress 8 times between 2004 and 2010 on the financial and 
management challenges at FPS, and made 32 recommendations for 
improvement, some of which FPS adopted.
  What did GAO find? Unfortunately, it found a seriously dysfunctional 
agency that lacked much, if any, focus or strategy for accomplishing 
its mission--where guards were caught sleeping on the job, and GAO 
investigators were able to successfully smuggle bomb-making ingredients 
past security to build an explosive device in a restroom and then 
stroll around the building undetected. GAO's review concluded that 
contract guards lacked adequate training, FPS personnel suffered from 
low morale, oversight of the contract guards was poor, and that many of 
the standards that guide Federal building security and guard behavior 
are outdated.
  The SECURE Facilities Act of 2010 addresses these shortcomings and 
incorporates recommendations from GAO. For the first time, we would 
formally authorize the Federal Protective Service and the interagency 
government body responsible for establishing security standards for all 
Federal facilities, the Interagency Security Committee. Our legislation 
also addresses four major challenges.
  First, the bill ensures that FPS has sufficient personnel to carry 
out its mission. Though the agency has assumed increased 
responsibilities since it joined DHS, it has done so with fewer 
personnel.
  Second, our legislation tackles 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 a high standard 
and are prepared and equipped to face the many different kinds of 
threats Federal buildings are vulnerable to.

[[Page 16017]]

  Third, the bill ensures the FPS is focused and prepared to address 
the threat of explosives. The 1995 bombing of the Alfred P. Murrah 
Federal Building in Oklahoma City drew our attention to this threat, 
but FPS has been slow to deploy sufficient countermeasures to detect 
and deter this type of attack.
  Fourth, our bill is mindful of the delicate balance between public 
access and security. We have worked to ensure that the emphasis on 
securing Federal facilities remains on security but we also support 
avenues of appeal if a building tenant believes a security 
countermeasure 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 to implement less costly and potentially less 
effective security countermeasures for buildings.
  Our bill would provide additional funding for the agency by directing 
OMB to adjust the building security fees paid by other agencies to 
ensure adequate funding for FPS. We would provide sufficient resources 
so that FPS can hire 500 full time employees over the next 4 years. We 
would also ensure that FPS never employs fewer than 1,200 full time 
employees at any point--a conservative number that may well require an 
increase over time.
  While many of those additional 500 new employees will be law 
enforcement officers, the legislation also provides FPS with the 
flexibility to hire additional administrative and support personnel, 
allowing it to improve its overall management, strengthen its oversight 
of contract guards, monitor contractor performance, and share contract 
assessments throughout the agency. The legislation also provides 
Federal law enforcement retirement benefits to FPS officers, to help 
the agency recruit and retain quality personnel.
  The bill further would require the FPS to maintain overt and covert 
testing programs to assess the training of guards, the security of 
Federal facilities, and to establish procedures for retraining or 
terminating ineffective guards. The bill ensures the basic documents 
outlining a security guard's general and specific responsibilities, the 
Security Guard Information Manual, and their post orders, are up to 
date and periodically reviewed.
  We would require DHS to establish performance-based standards for 
checkpoint detection technologies for explosives and other threats at 
Federal facilities. It would allow FPS officers to carry firearms off 
duty, as most other Federal law enforcement officers can, allowing them 
to respond to incidents more quickly. Finally, the bill includes 
several reporting requirements, including one on agency personnel 
needs, one on retention rates of contract guards, and another looking 
at the feasibility of federalizing the contract guard workforce.
  We are deeply indebted to the excellent work of GAO which we 
highlighted in a July 8, 2009, Homeland Security and Governmental 
Affairs Committee hearing. At the hearing, GAO unveiled the results of 
its 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 regional managers, inspectors, 
guards and contract guard managers; met with representatives from 
security guard companies; analyzed guard contract requirements, guard 
training and certification requirements, and guard instruction 
documents.
  GAO found that the security provided at Federal buildings by FPS 
personnel and contract security guards fell well short of what we 
expect of them. Some guards lacked basic security or x-ray machine 
training. The FPS was hard pressed to identify which guards were 
qualified or effective, leading to several embarrassing incidents. One 
guard used a government computer to run an adult website during his 
shift, while another inattentive guard allowed a baby in a carrier to 
pass through an X-ray machine. A third guard was photographed asleep at 
his station.
  GAO's special investigations unit conducted its own covert tests at 
ten high security Federal facilities in several different cities. Using 
readily available components to make a liquid-based improvised 
explosive device, they smuggled the components through security, 
manufactured a bomb in a public restroom, and then moved throughout the 
Federal building undetected. Some of the buildings tested by GAO 
investigators house district offices for our colleagues right here in 
the House and Senate. I note, however, that while the components were 
real, the actual explosive liquids were diluted to ensure the bomb was 
not functional.
  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, Senator Voinovich and their hardworking staffs for all 
that they have done on this issue so we could introduce this bill 
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. 3806

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Supporting Employee 
     Competency and Updating Readiness Enhancements for Facilities 
     Act of 2010'' or the ``SECURE Facilities Act of 2010''.

     SEC. 2. DEFINITIONS.

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

     SEC. 3. FEDERAL PROTECTIVE SERVICE.

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

                ``Subtitle E--Federal Protective Service

     ``SEC. 241. DEFINITIONS.

       ``In this subtitle:
       ``(1) Agency.--The term `agency' means an executive agency.
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on Appropriations of the Senate;
       ``(C) the Committee on Homeland Security of the House of 
     Representatives;
       ``(D) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and

[[Page 16018]]

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

     ``SEC. 242. ESTABLISHMENT.

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

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

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

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

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

[[Page 16019]]

     orders described under subparagraph (A) have been updated 
     during the 1-year period preceding the date of enactment of 
     the Supporting Employee Competency and Updating Readiness 
     Enhancements for Facilities Act of 2010.
       ``(2) Review and update.--Beginning with the first calendar 
     year following the date of enactment of the Supporting 
     Employee Competency and Updating Readiness Enhancements for 
     Facilities Act of 2010, and every 2 years thereafter, the 
     Director shall review and update the Security Guard 
     Information Manual and post orders for each guard post 
     overseen by the Federal Protective Service.
       ``(d) Database of Guard Service Contracts.--The Director 
     shall establish a database to monitor all contracts for guard 
     services. The database shall include information relating to 
     contract performance.

     ``SEC. 245. INFRASTRUCTURE SECURITY CANINE TEAMS.

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

     ``SEC. 246. ADVANCED IMAGING TECHNOLOGY.

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

     ``SEC. 247. CHECKPOINT DETECTION TECHNOLOGY STANDARDS.

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

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

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

     ``SEC. 249. FEES FOR PROTECTIVE SERVICES.

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

              ``Subtitle F--Interagency Security Committee

     ``SEC. 261. DEFINITIONS.

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

     ``SEC. 262. INTERAGENCY SECURITY COMMITTEE.

       ``(a) Establishment.--There is established within the 
     executive branch the Interagency Security Committee (in this 
     subtitle referred to as the `Committee').
       ``(b) Chairperson.--The Committee shall be chaired by the 
     Secretary, or the designee of the Secretary. The chairperson 
     shall be responsible for the daily operations of the 
     Committee and appeals board, final approval and enforcement 
     of Committee standards, and the promulgation of regulations 
     related to Federal facility security prescribed by the 
     Committee.
       ``(c) Membership.--
       ``(1) Voting members.--The Committee shall consist of the 
     following voting members:
       ``(A) Agency representatives.--Representatives from the 
     following agencies, appointed by the agency heads:
       ``(i) Department of Homeland Security.
       ``(ii) Department of State.
       ``(iii) Department of the Treasury.
       ``(iv) Department of Defense.
       ``(v) Department of Justice.
       ``(vi) Department of the Interior.
       ``(vii) Department of Agriculture.

[[Page 16020]]

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

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

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

     ``SEC. 264. FACILITY SECURITY COMMITTEES.

       ``(a) In General.--
       ``(1) Maintenance of facility security committees.--Except 
     as provided under paragraph (2), the agencies that are 
     tenants at each Federal facility shall maintain a Facility 
     Security Committee for that Federal facility. Each agency 
     that is a tenant at a Federal facility shall provide 1 
     employee to serve as a member of the Facility Security 
     Committee.
       ``(2) Exemptions.--The Secretary may exempt a Federal 
     facility from the requirement under paragraph (1), if that 
     Federal facility is authorized under section 263 to provide 
     protective services.
       ``(b) Chairperson.--
       ``(1) In general.--Each Facility Security Committee shall 
     be headed by a chairperson, elected by a majority of the 
     members of the Facility Security Committee.
       ``(2) Responsibilities.--The chairperson shall be 
     responsible for--
       ``(A) maintaining accurate contact information for agency 
     tenants and providing that information, including any 
     updates, to the Federal Protective Service or designated 
     security organization;
       ``(B) setting the agenda for Facility Security Committee 
     meetings;
       ``(C) referring Facility Security Committee member 
     questions to Federal Protective Service or designated 
     security organization for response;
       ``(D) accompanying Federal Protective Service or designated 
     security organization representatives during on-site building 
     security assessments;
       ``(E) maintaining an official record of each meeting;
       ``(F) acknowledging receipt of the building security 
     assessment from Federal Protective

[[Page 16021]]

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

                ``Subtitle E--Federal Protective Service

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

              ``Subtitle F--Interagency Security Committee

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

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

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

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

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

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


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

[[Page 16022]]

     is amended by inserting ``Federal protective service 
     officer,'' before ``or customs and border protection 
     officer,''.
       (4) Deductions from pay.--The table contained in section 
     8422(a)(3) of title 5, United States Code, is amended by 
     adding at the end the following:

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

       (5) Government contributions.--Paragraphs (1)(B)(i) and (3) 
     of section 8423(a) of title 5, United States Code, are 
     amended by inserting ``Federal protective service officer,'' 
     before ``customs and border protection officer,'' each place 
     that term appears.
       (6) Mandatory separation.--Section 8425(b)(1) of title 5, 
     United States Code, is amended--
       (A) by inserting ``Federal protective service officer,'' 
     before ``or customs and border protection officer,'' the 
     first place that term appears; and
       (B) inserting ``Federal protective service officer,'' 
     before ``or customs and border protection officer,'' the 
     second place that term appears.
       (c) Maximum Age for Original Appointment.--Section 3307 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``(h) The Secretary of Homeland Security may determine and 
     fix the maximum age limit for an original appointment to a 
     position as a Federal protective service officer, as defined 
     by section 8401(37).''.
       (d) Regulations.--Any regulations necessary to carry out 
     the amendments made by this section shall be prescribed by 
     the Director of the Office of Personnel Management in 
     consultation with the Secretary.
       (e) Effective Date; Transition Rules; Funding.--
       (1) Effective date.--The amendments made by this section 
     shall become effective on the later of June 30, 2011 or the 
     first day of the first pay period beginning at least 6 months 
     after the date of enactment of this Act.
       (2) Transition rules.--
       (A) Nonapplicability of mandatory separation provisions to 
     certain individuals.--The amendments made by subsections 
     (a)(3) and (b)(6), respectively, shall not apply to an 
     individual first appointed as a Federal protective service 
     officer before the effective date under paragraph (1).
       (B) Treatment of prior federal protective service officer 
     service.--
       (i) General rule.--Except as provided in clause (ii), 
     nothing in this section shall be considered to apply with 
     respect to any service performed as a Federal protective 
     service officer before the effective date under paragraph 
     (1).
       (ii) Exception.--Service described in section 8331(32) and 
     8401(37) of title 5, United States Code (as amended by this 
     section) rendered before the effective date under paragraph 
     (1) may be taken into account to determine if an individual 
     who is serving on or after such effective date then qualifies 
     as a Federal protective service officer by virtue of holding 
     a supervisory or administrative position in the Department of 
     Homeland Security.
       (C) Minimum annuity amount.--The annuity of an individual 
     serving as a Federal protective service officer on the 
     effective date under paragraph (1) pursuant to an appointment 
     made before that date shall, to the extent that its 
     computation is based on service rendered as a Federal 
     protective service officer on or after that date, be at least 
     equal to the amount that would be payable to the extent that 
     such service is subject to the Civil Service Retirement 
     System or Federal Employees Retirement System, as 
     appropriate, by applying section 8339(d) of title 5, United 
     States Code, with respect to such service.
       (D) Rule of construction.--Nothing in the amendment made by 
     subsection (c) shall be considered to apply with respect to 
     any appointment made before the effective date under 
     paragraph (1).
       (3) Fees and authorizations of appropriations.--
       (A) Fees.--The Federal Protective Service shall adjust fees 
     as necessary to ensure collections are sufficient to carry 
     out amendments made in this section.
       (B) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
       (4) Election.--
       (A) Incumbent defined.--For purposes of this paragraph, the 
     term ``incumbent'' means an individual who is serving as a 
     Federal protective service officer on the date of the 
     enactment of this Act.
       (B) Notice requirement.--Not later than 30 days after the 
     date of enactment of this Act, the Director of the Office of 
     Personnel Management shall take measures reasonably designed 
     to ensure that incumbents are notified as to their election 
     rights under this paragraph, and the effect of making or not 
     making a timely election.
       (C) Election available to incumbents.--
       (i) In general.--An incumbent may elect, for all purposes, 
     either--

       (I) to be treated in accordance with the amendments made by 
     subsection (a) or (b), as applicable; or
       (II) to be treated as if subsections (a) and (b) had never 
     been enacted.

       (ii) Failure to make a timely election.--Failure to make a 
     timely election under clause (i) shall be treated in the same 
     way as an election made under clause (i)(I) on the last day 
     allowable under clause (iii).
       (iii) Deadline.--An election under this subparagraph shall 
     not be effective unless it is made at least 14 days before 
     the effective date under paragraph (1).
       (5) Definition.--For the purposes of this subsection, the 
     term ``Federal protective service officer'' has the meaning 
     given such term by section 8331(32) or 8401(37) of title 5, 
     United States Code (as amended by this section).
       (6) Exclusion.--Nothing in this section or any amendment 
     made by this section shall be considered to afford any 
     election or to otherwise apply with respect to any individual 
     who, as of the day before the date of the enactment of this 
     Act--
       (A) holds a positions within the Federal Protective 
     Service; and
       (B) is considered a law enforcement officers for purposes 
     of subchapter III of chapter 83 or chapter 84 of title 5, 
     United States Code, by virtue of such position.

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

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

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

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

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

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

     SEC. 9. SAVINGS CLAUSE.

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

  Ms. COLLINS. Mr. President, I rise today to introduce the SECURE Act 
of 2010--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

[[Page 16023]]

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 9 years ago, 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 to the threats we face. 
Unfortunately, the evidence indicates that 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 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 June of last year, 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 the 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, 
Akaka, and Voinovich, would help close these security gaps at our 
Federal buildings.
  First, the bill would mandate 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, based on the 
ISC's recommended security countermeasures, 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.

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