[Congressional Record (Bound Edition), Volume 157 (2011), Part 4]
[Senate]
[Pages 5647-5658]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HARKIN (for himself and Mr. Isakson):
  S. 769. A bill amend title 38, United States Code, to prevent the 
Secretary of Veterans Affairs from prohibiting the use of service dogs 
on Department of Veterans Affairs property; to the Committee on 
Veterans' Affairs.
  Mr. HARKIN. Mr. President, along with Senator Isakson, today I am 
introducing a bill to allow veterans with disabilities who utilize 
service dogs the same access to VA health care and facilities as those 
using guide dogs. Right now, a vet who has a seeing-eye dog can go into 
any VA hospital to get services, but it is at the discretion of each 
facility whether or not to allow a vet to bring a service dog, which 
they use for mobility, assistance with living with hearing loss, 
comfort for those experiencing PTSD, and to alert others if they have a 
seizure.
  This bill will provide for full access to all veterans at every VA 
facility, without exception. There should not be a variation in policy 
from one VA facility to another. It is a small but laudable goal to 
promote the access of persons with disabilities at VA facilities and 
guarantee all veterans, regardless of their disability, receive the 
care and services they need and are entitled to through their selfless 
service to our Nation.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mr. Kyl):
  S. 771. A bill to amend the Indian Gaming Regulatory Act to modify a 
provision relating to gaming on land acquired after October 17, 1988; 
to the Committee on Indian Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Tribal 
Gaming Eligibility Act with my friend and colleague from Arizona, 
Senator Jon Kyl.
  This bill requires that Indian tribes demonstrate both an aboriginal 
and a modern connection to the land before it can be used for gaming.
  The bill responds to growing concerns and frustrations about the 
number of ``off-reservation'' casinos proposals in California and 
across the nation.
  As of May 2010, the U.S. Department of Interior was considering 35 of 
these proposals. Eleven of them are in my home State.
  Casinos strain local governments, increase violent crime, and 
increase bankruptcies. Gambling regulations are poorly enforced, 
largely because deficit-plagued state governments have cut enforcement 
staff down to the bone. Even when enforcement officials are present, 
highly protective ``State Compacts,'' protect tribal casinos from true 
scrutiny and legitimate oversight.
  The fact is that some tribes have abused their unique right to 
operate casinos by taking land into trust miles away from their 
historical lands and miles away from where any tribal member resides. 
This is done to produce the most profitable casino, often with little 
regard to what is most beneficial to tribal members.
  This unbridled reservation shopping is occurring with little to no 
input from local governments or neighboring tribes.
  The result: 58 casinos in California; 11 more in the approval 
process; and a very real potential for an additional 50 casinos in the 
coming years.
  That is why I am introducing the Tribal Gaming Eligibility Act. This 
legislation addresses the problems that arise from off-reservation 
casinos by requiring that tribes meet two simple conditions if they 
wish to game on lands acquired after the passage of the 1988 Indian 
Gaming Regulatory Act.
  First the tribe must demonstrate a ``substantial direct modern 
connection to the land.''
  Second, the tribe must demonstrate a ``substantial direct aboriginal 
connection to the land.''
  Simply put, tribes must demonstrate that both they and their 
ancestors have a connection to the land in question.
  In 2000, California voters thought they settled the question of 
casino gaming when they passed Proposition 1A. This proposition 
authorized the governor to negotiate gambling compacts that would make 
Nevada-style casinos possible for ``federally recognized Indian tribes 
on Indian lands.''
  The words ``on Indian lands'' were key to Proposition 1A. This made 
it clear that gaming is appropriate only on a tribe's historical lands, 
and voters endorsed this bargain with 65 percent of the vote.
  But fast-forward 10 years and this agreement is being put to the 
test. In the last decade, the Department of the Interior has received 
dozens of gaming applications; some for casinos nowhere near a tribe's 
historic lands. Many of these requests have been granted and California 
has become ground zero for tribal casinos. We have 58 Las Vegas style 
casinos all across the State--from within miles of the Mexican border, 
to within miles of the Oregon border.
  The problem is only going to get worse. There are 67 tribes currently 
seeking Federal recognition in California who will have the ability to 
take ``initial lands'' into trust for gaming. This ``initial lands'' 
exemption gives landless tribes carte blanche when it comes to picking 
a spot for their casino--urban areas, environmentally sensitive areas, 
you name it! That is a real concern to me and my constituents.
  As of May 2010, there were 11 applications for off-reservation or 
restored lands casinos in California pending at the Department of the 
Interior. These include projects near San Francisco, Barstow, and 
Sacramento.
  It also includes applications for casinos in San Diego and Riverside 
Counties, where there are already 21 existing casinos.
  By seeking to open casinos in urban areas close to the greatest 
number of potential gamblers, instead of on historical lands, these 
tribes are ignoring the will of California voters and the intent of 
Congress when it passed the Indian Gaming Regulatory Act.

[[Page 5648]]

  Unfortunately, without a legislative fix such as the Tribal Gaming 
Eligibility Act, Californians have no power to stop these tribes from 
opening unwanted casinos in their back yards.
  But voters are still trying to make their voices heard, rejecting the 
idea of reservation shopping. At one location, in Richmond, CA, a city 
of nearly 100,000 in the middle of the Bay Area--a tribe proposed 
taking land into trust to open a 4,000-slot-machine casino. Proponents 
tout it as a major economic engine for a depressed area.
  On November 2, Richmond voters made it clear how they feel: by a 
margin of 58 to 42 percent, voters overwhelmingly rejected the advisory 
Measure U on the Richmond casino and they elected two new city council 
members who strongly oppose the casino. It was an unambiguous rejection 
of this off-reservation gaming proposal.
  Some people have tried to tell me that this is just a California 
problem, and that we just need a California-solution. I am afraid this 
is not the case.
  The Department of the Interior is considering gaming applications for 
tribes in Washington, Oregon, Mississippi, Nevada, and Massachusetts 
just to name a few. I urge my colleagues to ask your constituents and 
your community leaders if they have were consulted about these 
proposals. Did they have any input? Were the needs of the cities, 
counties, and neighboring tribes considered?
  As a former mayor, I know the financial pressures that local 
governments face, especially in these tough times. The temptation to 
support large casinos can be strong. But I also know the heavy price 
that society pays for the siren song of gambling. This price includes 
addiction and crime, strained public services and increased traffic 
congestion.
  Some Indian gaming proponents, often backed by rich out-of-state 
investors and gambling syndicates, would have us believe that these 
off-reservation gaming establishments are a sign of growth and economic 
development.
  In 2006 the California Research Bureau compiled research on the 
effects of casinos on communities, and they released a report entitled 
Gambling in the Golden State. The results were staggering.
  The development of new casinos is associated with a 10 percent 
increase in violent crime and a 10 percent increase in bankruptcy 
rates.
  New casinos are also associated with an increase in law enforcement 
expenditures of $15.34 per person.
  California already spends an estimated $1 billion to deal with 
problem-gamblers and pathological-gamblers, 75 percent of which 
identify Indian casinos as their primary gambling preference.
  This report confirmed what many local elected officials and community 
activists already knew: casinos may create a few jobs, but they come 
with a tremendous cost.
  One reason for the high costs casinos is the woefully inadequate 
oversight at Indian gambling facilities.
  In California, gaming oversight officials are responsible for over 
twice as much economic activity per inspector compared to their 
counterparts in states with legalized commercial gambling. Using the 
most recent data available from 2006:
  California employed 180 gambling oversight officials to regulate $5.2 
billion dollars in economic activity.
  This means the State only employed 1 official for every $28.9 million 
dollars of economic activity in the gambling industry.
  By comparison, the 11 States that had legalized commercial gambling 
averaged 1 oversight official per $12.1 million dollars of activity.
  Furthermore, closed-door gaming compacts limit what little power 
these investigators actually have. They cannot conduct unannounced 
visits, they have little discretion on what penalties to enact, and 
they cannot enforce their punishments when they are handed down. Quite 
simply, it is a broken system.
  I know that some may try to mischaracterize my legislation and say 
that I am trying to limit the sovereignty of Native American tribes or 
destroy their ability to undertake much needed economic development.
  But I am here today to say that nothing could be farther from the 
truth.
  The fact of the matter is that most casinos are appropriately 
placed--on historical tribal lands--and there is no need to argue about 
the legitimacy of these establishments.
  My legislation only deals with those proposals that are truly beyond 
the scope of Congressional intent when the Indian Gaming Regulatory Act 
was passed in 1988.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 771

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Tribal Gaming Eligibility 
     Act''.

     SEC. 2. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 1988.

       Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 
     2719) is amended--
       (1) by striking the section designation and heading and all 
     that follows through ``(a) Except'' and inserting the 
     following:

     ``SEC. 20. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 1988.

       ``(a) In General.--Except''; and
       (2) in subsection (b)--
       (A) in paragraph (1)(B), in the matter preceding clause 
     (i), by inserting ``subject to paragraph (2),'' before 
     ``lands are taken'';
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (C) by inserting after paragraph (1) the following:
       ``(2) Applicability to certain land.--
       ``(A) In general.--Except as provided in subparagraph (D), 
     effective beginning on the date of enactment of the Tribal 
     Gaming Eligibility Act, in addition to any other requirements 
     under applicable Federal law, gaming conducted pursuant to an 
     exception under paragraph (1)(B) shall not be conducted on 
     land taken into trust after October 17, 1988, by the United 
     States for the benefit of an Indian tribe unless the 
     Secretary determines, on the date the land is taken into 
     trust, that the Indian tribe--
       ``(i) has received a written determination by the Secretary 
     that the land is eligible to be used for gaming under this 
     section; and
       ``(ii) demonstrates--

       ``(I) in accordance with subparagraph (B), a substantial, 
     direct, modern connection to the land taken into trust, as of 
     October 17, 1988; and
       ``(II) in accordance with subparagraph (C), a substantial, 
     direct, aboriginal connection to the land taken into trust.

       ``(B) Substantial, direct, modern connection.--In making a 
     determination under subparagraph (A)(ii)(I) that an Indian 
     tribe demonstrates a substantial, direct, modern connection 
     to land taken into trust as of October 17, 1988, the 
     Secretary shall certify that--
       ``(i) if the Indian tribe has a reservation--

       ``(I) the land is located within a 25-mile radius of the 
     tribal headquarters or other tribal governmental facilities 
     of the Indian tribe on the reservation;
       ``(II) the Indian tribe has demonstrated a temporal 
     connection to, or routine presence on, the land during the 
     period beginning on October 17, 1988, and ending on the date 
     of the certification; and
       ``(III) the Indian tribe has not been recognized or 
     restored to Federal recognition status during the 5-year 
     period preceding the date of the certification; or

       ``(ii) if the Indian tribe does not have a reservation--

       ``(I) the land is located within a 25-mile radius of an 
     area in which a significant number of members of the Indian 
     tribe reside;
       ``(II) the Indian tribe has demonstrated a temporal 
     connection to, or routine presence on, the land during the 
     period beginning on October 17, 1988, and ending on the date 
     of the certification; and
       ``(III)(aa) the land was included in the first-submitted 
     request of the Indian tribe for newly acquired land since the 
     date on which the Indian tribe was recognized or restored to 
     Federal recognition; or
       ``(bb)(AA) the application to take the land into trust was 
     received by the Secretary during the 5-year period beginning 
     on the date on which the Indian tribe was recognized or 
     restored to Federal recognition; and
       ``(BB) the Indian tribe is not conducting any gaming 
     activity on any other land.

       ``(C) Substantial, direct, aboriginal connection.--In 
     making a determination under subparagraph (A)(ii)(II) that an 
     Indian tribe demonstrates a substantial, direct, aboriginal 
     connection to land, the Secretary shall take into 
     consideration some or all of the following factors:
       ``(i) The historical presence of the Indian tribe on the 
     land, including any land to which the Indian tribe was 
     relocated pursuant to the forcible removal of tribal members 
     from land as a result of acts of violence, an Act of 
     Congress, a Federal or State administrative action, or a 
     judicial order.

[[Page 5649]]

       ``(ii) Whether the membership of the tribe can demonstrate 
     lineal descendent or cultural affiliation, in accordance with 
     section 10.14 of title 43, Code of Federal Regulations (or a 
     successor regulation).
       ``(iii) The area in which the unique language of the Indian 
     tribe has been used.
       ``(iv) The proximity of the land to culturally significant 
     sites of the Indian tribe.
       ``(v) The forcible removal of tribal members from land as a 
     result of acts of violence, an Act of Congress, a Federal or 
     State administrative action, or a judicial order.
       ``(vi) Other factors that demonstrate a temporal presence 
     of the Indian tribe on the land prior to the first 
     interactions of the Indian tribe with nonnative individuals, 
     the Federal Government, or any other sovereign entity.
       ``(D) Exceptions.--
       ``(i) In general.--Subparagraphs (A) through (C) shall not 
     apply--

       ``(I) to any land on which gaming regulated by this Act 
     will not take place;
       ``(II) to any land located within, or contiguous to, the 
     boundaries of the reservation of an Indian tribe, as of 
     October 17, 1988;
       ``(III) if--

       ``(aa) the relevant Indian tribe did not have a reservation 
     on October 17, 1988; and
       ``(bb) the land is located--
       ``(AA) in the State of Oklahoma and within the boundaries 
     of the former reservation of the Indian tribe, as defined by 
     the Secretary, or contiguous to other land held in trust or 
     restricted status by the United States for the Indian tribe 
     in the State of Oklahoma; or
       ``(BB) in a State other than Oklahoma and within the last 
     recognized reservation of the Indian tribe in any State in 
     which the Indian tribe is presently located; or

       ``(IV) if the relevant Indian tribe has--

       ``(aa) taken land into trust during the period beginning on 
     October 17, 1988, and ending on the date of enactment of the 
     Tribal Gaming Eligibility Act; and
       ``(bb) has received a written determination by the 
     Secretary that the land is eligible to be used for gaming 
     under this section.
       ``(ii) Certain decisions.--

       ``(I) In general.--Subject to subclause (II), subparagraphs 
     (A) through (C) shall not apply to a final agency decision 
     issued before the date of enactment of the Tribal Gaming 
     Eligibility Act.
       ``(II) Pending applications.--Subparagraphs (A) through (C) 
     shall apply to an application that is pending, but for which 
     a final agency decision has not been made, as of the date of 
     enactment of the Tribal Gaming Eligibility Act.

       ``(E) Administration.--An action under this paragraph shall 
     be considered a final administrative action for purposes of 
     subchapter II of chapter 5, and chapter 7, of title 5, United 
     States Code (commonly known as the `Administrative Procedure 
     Act').''; and
       (D) in paragraph (4) (as redesignated by subparagraph (B)), 
     by striking ``paragraph (2)(B)'' and inserting ``paragraph 
     (3)(B),''.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Ms. Collins, and Mr. Akaka):
  S. 772. A bill to protect Federal employees and visitors, improve the 
security of Federal facilities and authorize and modernize the Federal 
Protective Service; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. LIEBERMAN. Mr. President, I am pleased to join with Senators 
Collins and Akaka today to introduce the bipartisan SECURE Facilities 
Act of 2011 to modernize and transform an important but often 
overlooked agency within the Department of Homeland Security, DHS, 
responsible for protecting 9,000 Federal buildings across the country.
  The agency I refer to is the Federal Protective Service, FPS, where 
1,200 full time employees and about 15,000 contract guards safeguard 
not just the buildings, but the one million people who work at and 
visit these buildings each year.
  Unfortunately, the threat to government workers and property is all 
too real. In 1995, a massive bomb decimated the Alfred P. Murrah 
Federal Building in Oklahoma City, killing 168 people. The Pentagon was 
one of the targets of the 9/11 terrorists. A wing of the building was 
leveled and 184 people died. Last year, a man flew a small plane into a 
building in Austin, TX, that housed an IRS and other government 
offices. An IRS manager was killed. Earlier this year, our friend and 
colleague, Congresswoman Gabrielle Giffords was critically shot at a 
public forum. Most recently, a man planted an improvised explosive 
device outside the McNamara Federal building in Detroit. A dozen or so 
other violent incidents have occurred at federal buildings in the last 
3 years. Protecting the people who work and visit federal buildings is 
critical to maintaining the integrity of our democracy.
  Security at these buildings, however, is not where it should be. Poor 
management, serious budget shortfalls, and operational challenges have 
diminished FPS' effectiveness and undermined public trust. FPS guards 
were famously caught sleeping on the job, putting an infant in its 
carrier through an X-ray machine, and failing to detect bomb-making 
materials on investigators who passed through security.
  The Federal Protective Service must be turned around, which is why we 
are introducing this legislation to strengthen the agency's management, 
provide it with the necessary resources to fulfill its mission, and 
help it function at a higher level.
  I want to single out for praise the Government Accountability Office, 
GAO, whose excellent work has significantly informed our legislation.
  At a July 8, 2009, hearing before the Homeland Security and 
Governmental Affairs Committee, GAO unveiled the results of a year-long 
investigation conducted at the Committee's request. GAO visited 6 of 11 
FPS regions throughout the country and observed the guard inspection 
process; interviewed managers, inspectors, and guards; analyzed guard 
contracts, training and certification requirements, and instruction 
documents. GAO's special investigations unit conducted its own covert 
tests at 10 high security Federal facilities in several different 
cities, some of which house district offices of our House and Senate 
colleagues.
  What did GAO find? A seriously dysfunctional agency. FPS lacks focus 
and strategies for accomplishing its mission; contract guards don't 
have adequate training; FPS personnel suffer from low morale; oversight 
of contract guards is poor; and many standards that guide federal 
building security are outdated.
  GAO revealed that some guards lacked basic security or x-ray machine 
training. The FPS was hard pressed to identify which guards were 
qualified or effective. One guard used a government computer to run an 
adult website during his shift, while another allowed a baby in a 
carrier to pass through an x-ray machine. A third guard was 
photographed asleep at his station.
  GAO investigators smuggled through security at one building readily 
available components to make a liquid-based improvised explosive 
device. The investigators then made a bomb in a public restroom and 
moved throughout the federal building undetected. I note that while the 
components of the IED were real, the actual explosive liquids were 
diluted to ensure the bomb was not functional.
  FPS didn't come to this point overnight. In fact, its problems 
multiplied when it was folded into DHS in 2003. At that point, the 
agency lost access to supplemental funding from its previous parent 
agency--the General Services Administration, GSA, and because of that, 
immediately ran into trouble. FPS fell behind in paying its bills, 
budget cuts hurt employee training and other functions, and personnel 
cuts diminished the agency's overall performance. At the same time, FPS 
was given more responsibilities, and the previous administration was 
working to downsize the agency workforce by 1/3.
  Reform legislation is very clearly needed, and the SECURE Facilities 
Act of 2011 addresses many of the shortcomings detailed by GAO.
  In particular, our legislation addresses four major challenges:
  First, the bill would help the FPS carry out its mission by adding 
almost 150 law enforcements and support personnel. The agency has 
assumed increased responsibilities since it joined DHS but has done so 
with fewer personnel, and that is unsustainable.
  Second, our legislation would tackle deficiencies within the contract 
guard program. FPS contract guards are the first line of defense at 
Federal facilities, so we must ensure they are held to high standards 
and are prepared and equipped to face the varied threats to which 
federal buildings are vulnerable.
  Third, the bill would ensure the FPS is prepared to address the 
threat of explosives. The bombing of the Alfred P. Murrah Federal 
Building in Oklahoma

[[Page 5650]]

City occurred 16 years ago, but FPS has been slow to deploy sufficient 
countermeasures to detect and deter that type of attack.
  Fourth, our bill would recognize the delicate balance between public 
access and security. We have worked to put the emphasis on securing 
Federal facilities but we also support avenues of appeal if a building 
tenant believes a security measure unduly hinders public access. If the 
Federal Protective Service is to be held accountable--by Congress, the 
administration, and the American people--it should no longer be forced 
to defend federal agencies that choose less costly and potentially less 
effective security for their buildings.
  On the question of resources, our bill, for the first time, would 
formally authorize the FPS and the interagency government body 
responsible for establishing security standards for all federal 
facilities, the Interagency Security Committee. We would provide 
additional funding for the agency by directing OMB to increase the 
building security fees paid by other agencies. We would provide 
resources for FPS to hire 146 full time employees. We would ensure that 
FPS employs 1,200 full time employees or more at all times--a 
conservative number that may require future increases.
  Many of the additional employees would be law enforcement officers, 
but FPS would also have the flexibility to hire administrative and 
support personnel to improve its overall management, strengthen its 
oversight of contract guards, monitor contractor performance, and share 
contract assessments throughout the agency. The legislation also would 
provide retirement benefits to FPS officers to help the agency recruit 
and retain quality personnel.
  Recognizing that the nation's fiscal health and our unsustainable 
deficits demand budget tightening, it is especially critical that we 
make wise budget decisions. I believe the evidence clearly demonstrates 
the need for additional spending for FPS.
  With regard to improved standards, our legislation would require FPS 
to conduct overt and covert testing to assess guard training, test the 
security of Federal facilities, and establish procedures for retraining 
or terminating poor performing guards. The bill would also require that 
basic documents and manuals describing the responsibilities of security 
guards are up to date and periodically reviewed.
  On explosives, we would require DHS to establish performance-based 
standards for checkpoint detection technologies for explosives and 
other threats at Federal facilities. Our bill would also allow FPS 
officers to carry firearms off duty, as most other Federal law 
enforcement officers can, allowing them to respond to incidents more 
quickly. And, finally, the bill includes several reporting 
requirements--on agency personnel needs, retention rates of contract 
guards, the feasibility of federalizing the contract guard workforce, 
and additional methods for preventing and detecting explosives in 
federal facilities.
  Based on the Committee's and GAO's oversight work over the past 
several years, it is clear that Congress must move quickly to address 
the remaining security vulnerabilities associated with our Federal 
buildings.
  I am confident that this comprehensive, bipartisan legislation will 
foster meaningful reform, modernize the Federal Protective Service, and 
improve the security of our Federal facilities across the country. I 
urge my colleagues to support the bill and I thank Senator Collins, 
Senator Akaka, former Senator Voinovich, and their dedicated staffs for 
helping to get this bill introduced today.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 772

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Supporting Employee 
     Competency and Updating Readiness Enhancements for Facilities 
     Act of 2011'' or the ``SECURE Facilities Act of 2011''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Homeland Security of the House of 
     Representatives;
       (D) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (E) the Committee on Appropriations of the House of 
     Representatives.
       (2) Director.--The term ``Director'' means the Director of 
     the Federal Protective Service.
       (3) Facility used for activities covered under the atomic 
     energy act of 1954.--The term ``facility used for activities 
     covered under the Atomic Energy Act of 1954'' means--
       (A) the Albuquerque National Nuclear Security 
     Administration Service Center;
       (B) the Brookhaven National Laboratory and Brookhaven Site 
     Office;
       (C) the Argonne National Laboratory, the Argonne Site 
     Office and the Chicago Service Center;
       (D) the Department of Energy Office of Secure 
     Transportation, and associated field locations;
       (E) the Idaho National Laboratory and the Idaho Site 
     Office;
       (F) the Kansas City Plant and the Kansas City Site Office;
       (G) the Pittsburgh Naval Reactors Office, Bettis Atomic 
     Power Laboratory, Idaho Naval Reactors Facility, and the 
     Knolls Atomic Power Laboratory;
       (H) the Nevada Site Office and the Nevada National Security 
     Site;
       (I) the Los Alamos National Laboratory and the Los Alamos 
     Site Office;
       (J) the Lawrence Livermore National Laboratory and Lawrence 
     Livermore Site Office;
       (K) the National Energy Technology Laboratory;
       (L) the Oak Ridge National Laboratory, Department of Energy 
     Oak Ridge Office, and the Department of Energy East Tennessee 
     Technology Park;
       (M) the Pantex Plant and Pantex Site Office;
       (N) the Portsmouth Gaseous Diffusion Plant and Paducah 
     Gaseous Diffusion Plant;
       (O) the Richland Operations Office and Hanford Site;
       (P) the Sandia National Laboratories and Sandia Site 
     Office;
       (Q) the Strategic Petroleum Reserve Project Office and the 
     Strategic Petroleum Reserve Sites;
       (R) the Savannah River Plant and the Department of Energy 
     Office of Environmental Management's Savannah River Site 
     Office;
       (S) the Savannah River National Laboratory;
       (T) the National Nuclear Security Administration's National 
     Savannah River Site Office, the Tritium Extraction Facility 
     and Mixed Oxide Fuel Fabrication Facility;
       (U) the Waste Isolation Pilot Plant; and
       (V) the National Nuclear Security Administration's Y-12 
     Site Office and the Y-12 National Security Complex.
       (4) Federal facility.--The term ``Federal facility''--
       (A) means any building and grounds and all property located 
     in or on that building and grounds, that are owned, occupied 
     or secured by the Federal Government, including any agency, 
     instrumentality or wholly owned or mixed-ownership 
     corporation of the Federal Government; and
       (B) does not include--
       (i) any building, grounds, or property used for military 
     activities; or
       (ii) any facility used for activities covered under the 
     Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
       (5) Federal protective service officer.--The term ``Federal 
     protective service officer''--
       (A) has the meaning given under sections 8331 and 8401 of 
     title 5, United States Code; and
       (B) includes any other employee of the Federal Protective 
     Service designated as a Federal protective service officer 
     authorized to carry firearms and make arrests by the 
     Secretary.
       (6) Qualified consultant.--The term ``qualified 
     consultant'' means a non-Federal entity with experience in 
     homeland security, infrastructure protection and physical 
     security, Government workforce issues, and Federal human 
     capital policies.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

     SEC. 3. FEDERAL PROTECTIVE SERVICE.

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

                ``Subtitle E--Federal Protective Service

     ``SEC. 241. DEFINITIONS.

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

[[Page 5651]]

       ``(B) the Committee on Appropriations of the Senate;
       ``(C) the Committee on Homeland Security of the House of 
     Representatives;
       ``(D) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       ``(E) the Committee on Appropriations of the House of 
     Representatives.
       ``(3) Director.--The term `Director' means the Director of 
     the Federal Protective Service.
       ``(4) Facility security level.--The term `facility security 
     level'--
       ``(A) means a rating of each Federal facility based on the 
     analysis of several facility factors that provides a basis 
     for that facility's attractiveness as a target and potential 
     effects or consequences of a criminal or terrorist attack, 
     which then serves as a basis for the implementation of 
     certain levels of security protection; and
       ``(B) is determined by the Federal Protective Service, the 
     United States Marshals Service under section 566 of title 28, 
     United States Code, or another agency authorized to provide 
     all protective services for a facility under the provisions 
     of section 263 and guided by Interagency Security Committee 
     standards.
       ``(5) Facility used for activities covered under the atomic 
     energy act of 1954.--The term `facility used for activities 
     covered under the Atomic Energy Act of 1954' means--
       ``(A) the Albuquerque National Nuclear Security 
     Administration Service Center;
       ``(B) the Brookhaven National Laboratory and Brookhaven 
     Site Office;
       ``(C) the Argonne National Laboratory, the Argonne Site 
     Office and the Chicago Service Center;
       ``(D) the Department of Energy Office of Secure 
     Transportation, and associated field locations;
       ``(E) the Idaho National Laboratory and the Idaho Site 
     Office;
       ``(F) the Kansas City Plant and the Kansas City Site 
     Office;
       ``(G) the Pittsburgh Naval Reactors Office, Bettis Atomic 
     Power Laboratory, Idaho Naval Reactors Facility, and the 
     Knolls Atomic Power Laboratory;
       ``(H) the Nevada Site Office and the Nevada National 
     Security Site;
       ``(I) the Los Alamos National Laboratory and the Los Alamos 
     Site Office;
       ``(J) the Lawrence Livermore National Laboratory and 
     Lawrence Livermore Site Office;
       ``(K) the National Energy Technology Laboratory;
       ``(L) the Oak Ridge National Laboratory, Department of 
     Energy Oak Ridge Office, and the Department of Energy East 
     Tennessee Technology Park;
       ``(M) the Pantex Plant and Pantex Site Office;
       ``(N) the Portsmouth Gaseous Diffusion Plant and Paducah 
     Gaseous Diffusion Plant;
       ``(O) the Richland Operations Office and Hanford Site;
       ``(P) the Sandia National Laboratories and Sandia Site 
     Office;
       ``(Q) the Strategic Petroleum Reserve Project Office and 
     the Strategic Petroleum Reserve Sites;
       ``(R) the Savannah River Plant and the Department of Energy 
     Office of Environmental Management's Savannah River Site 
     Office;
       ``(S) the Savannah River National Laboratory;
       ``(T) the National Nuclear Security Administration's 
     National Savannah River Site Office, the Tritium Extraction 
     Facility and Mixed Oxide Fuel Fabrication Facility;
       ``(U) the Waste Isolation Pilot Plant; and
       ``(V) the National Nuclear Security Administration's Y-12 
     Site Office and the Y-12 National Security Complex.
       ``(6) Federal facility.--The term `Federal facility'--
       ``(A) means any building and grounds and all property 
     located in or on that building and grounds, that are owned, 
     occupied or secured by the Federal Government, including any 
     agency, instrumentality or wholly owned or mixed-ownership 
     corporation of the Federal Government; and
       ``(B) does not include--
       ``(i) any building, grounds, or property used for military 
     activities; or
       ``(ii) any facility used for activities covered under the 
     Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
       ``(7) Federal facility protected by the federal protective 
     service.--The term `Federal facility protected by the Federal 
     Protective Service'--
       ``(A) means those facilities owned or leased by the General 
     Services Administration, and other facilities at the 
     discretion of the Secretary; and
       ``(B) does not include any facility, or portion thereof, 
     which the United States Marshals Service is responsible for 
     under section 566 of title 28, United States Code.
       ``(8) Federal protective service officer.--The term 
     `Federal protective service officer'--
       ``(A) has the meaning given under sections 8331 and 8401 of 
     title 5, United States Code; and
       ``(B) includes any other employee of the Federal Protective 
     Service designated as a Federal protective service officer 
     authorized to carry firearms and make arrests by the 
     Secretary.
       ``(9) Infrastructure security canine team.--The term 
     `infrastructure security canine team' means a certified 
     canine and a Federal protective service officer that are 
     trained to detect explosives or other threats as defined by 
     the Secretary.
       ``(10) In-service field staff.--The term `in-service field 
     staff' means Federal Protective Service law enforcement 
     officers who, while working, are directly engaged on a daily 
     basis protecting and enforcing law at Federal facilities, 
     including police officers, inspectors, area commanders and 
     special agents, and such other equivalent positions as 
     designated by the Secretary.
       ``(11) Security organization.--The term `security 
     organization' means an agency or an internal agency component 
     responsible for security at a specific Federal facility.

     ``SEC. 242. ESTABLISHMENT.

       ``(a) Establishment.--There is established the Federal 
     Protective Service within the Department.
       ``(b) Mission.--The mission of the Federal Protective 
     Service is to render Federal facilities protected by the 
     Federal Protective Service safe and secure for Federal 
     employees, contract employees, officers, and visitors.
       ``(c) Director.--The head of the Federal Protective Service 
     shall be the Director of the Federal Protective Service. The 
     Director shall report to the Under Secretary for the National 
     Protection and Programs Directorate.
       ``(d) Duties and Powers of the Director.--
       ``(1) In general.--Subject to the supervision and direction 
     of the Secretary, the Director shall be responsible for the 
     management and administration of the Federal Protective 
     Service and the employees and programs of the Federal 
     Protective Service.
       ``(2) Protection.--The Director shall secure Federal 
     facilities which are protected by the Federal Protective 
     Service, and safeguard all occupants, including Federal 
     employees, contract employees, officers, and visitors.
       ``(3) Enforcement policy.--The Director shall establish and 
     direct the policies of the Federal Protective Service, and 
     advise the Under Secretary for the National Protection and 
     Programs Directorate on policy matters relating to the 
     protection of Federal facilities.
       ``(4) Training.--The Director shall--
       ``(A) determine the minimum level of training or 
     certification for--
       ``(i) employees of the Federal Protective Service; and
       ``(ii) armed contract security guards at Federal facilities 
     protected by the Federal Protective Service; and
       ``(B) provide training, to members of a Facility Security 
     Committee that meets the standards established by the 
     Interagency Security Committee.
       ``(5) Investigations.--The Director shall ensure violations 
     of any Federal law affecting the security of Federal 
     facilities protected by the Federal Protective Service are 
     investigated and referred for prosecution as appropriate.
       ``(6) Inspections.--The Director shall inspect Federal 
     facilities protected by the Federal Protective Service for 
     the purpose of determining compliance with Federal security 
     standards and making appropriate risk mitigation 
     recommendations.
       ``(7) Personnel.--The Director shall provide adequate 
     numbers of trained personnel to ensure Federal security 
     standards are met.
       ``(8) Information sharing.--The Director shall provide 
     crime prevention, threat awareness, and intelligence 
     information to the Administrator of General Services and 
     tenants of Federal facilities. The Director shall ensure 
     effective coordination and liaison with other Federal law 
     enforcement agencies and State and local law enforcement 
     agencies.
       ``(9) Patrol.--The Director shall ensure areas in and 
     around Federal facilities protected by the Federal Protective 
     Service are patrolled by Federal Protective Service officers.
       ``(10) Security assessment.--The Director shall ensure a 
     security risk assessment is conducted for each Federal 
     facility protected by the Federal Protective Service on a 
     recurring basis and in accordance with standards established 
     by the Interagency Security Committee.
       ``(11) Emergency plan assistance.--The Director shall--
       ``(A) ensure each Federal facility protected by the Federal 
     Protective Service has adequate plans for emergency 
     situations;
       ``(B) provide technical assistance to agencies that are the 
     tenant of a Federal facility protected by the Federal 
     Protective Service in developing plans described in 
     subparagraph (A); and
       ``(C) ensure plans described in subparagraph (A) are 
     exercised in accordance with standards established by the 
     Interagency Security Committee.
       ``(12) Security countermeasures.--The Director shall ensure 
     and supervise the effective design, procurement, 
     installation, maintenance, and operation of security 
     countermeasures (including armed contract guards,

[[Page 5652]]

     electronic physical security systems, and weapons and 
     explosives screening devices) for Federal facilities 
     protected by the Federal Protective Service.
       ``(13) Suitability adjudication of guards and building 
     service contractors.--The Director shall ensure that--
       ``(A) background investigations are conducted for contract 
     guards and building service contractors; and
       ``(B) each contract guard and building service contractor 
     is suitable for work in a Federal facility protected by the 
     Federal Protective Service before being granted unescorted or 
     recurring access.
       ``(14) Protective service guard contracting.--The Director 
     shall be responsible for all protective service guard 
     contracting requirements for those facilities owned or leased 
     by the General Services Administration, and other facilities 
     at the discretion of the Secretary.
       ``(15) Assistance to facility security committees.--The 
     Director shall ensure coordination with and provide 
     assistance to Facility Security Committees on matters 
     relating to facilities, facility vulnerabilities, and 
     potential consequences of an incident.

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

       ``(a) In General.--The Secretary shall ensure that the 
     Federal Protective Service maintains not fewer than 1,371 
     full-time equivalent employees, including not fewer than 950 
     in-service field staff in fiscal year 2012.
       ``(b) Minimum Full-time Equivalent Employee Level.--
       ``(1) In general.--The Secretary shall ensure that the 
     Federal Protective Service shall maintain at any time not 
     fewer than 1,200 full-time equivalent employees, including 
     not fewer than 900 in-service field staff.
       ``(2) Report.--In any fiscal year after fiscal year 2012 in 
     which the number of full-time equivalent employees of the 
     Federal Protective Service is fewer than the number of full-
     time equivalent employees of the Federal Protective Service 
     in the previous fiscal year, the Secretary shall submit a 
     report to the appropriate congressional committees that 
     provides--
       ``(A) an explanation of the decrease in full-time 
     equivalent employees; and
       ``(B) a revised model of the number of full-time equivalent 
     employees projected for future fiscal years.

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

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

     ``SEC. 245. INFRASTRUCTURE SECURITY CANINE TEAMS.

       ``(a) In General.--
       ``(1) Increased capacity.--Not later than 180 days after 
     the date of enactment of the Supporting Employee Competency 
     and Updating Readiness Enhancements for Facilities Act of 
     2011, the Director shall--
       ``(A) begin to increase the number of infrastructure 
     security canine teams certified by the Federal Protective 
     Service for the purposes of infrastructure-related security 
     by up to 15 canine teams in each of fiscal years 2012 through 
     2015; and
       ``(B) encourage State and local governments and private 
     owners of high-risk facilities to strengthen security through 
     the use of highly trained infrastructure security canine 
     teams.
       ``(2) Infrastructure security canine teams.--To the extent 
     practicable, the Director shall increase the number of 
     infrastructure security canine teams by--
       ``(A) partnering with the Customs and Border Protection 
     Canine Enforcement Program and the Canine Training Center 
     Front Royal, the Transportation Security Administration's 
     National Explosives Detection Canine Team Training Center, or 
     other offices or agencies within the Department with 
     established canine training programs;
       ``(B) partnering with agencies, State or local government 
     agencies, nonprofit organizations, universities, or the 
     private sector to increase the training capacity for canine 
     detection teams; or
       ``(C) procuring explosives detection canines trained by 
     nonprofit organizations, universities, or the private sector, 
     if the canines are trained in a manner consistent with the 
     standards and requirements developed under subsection (b) or 
     other criteria developed by the Secretary.
       ``(b) Standards for Infrastructure Security Canine Teams.--
       ``(1) In general.--The Director, in coordination with the 
     Office of Infrastructure Protection, shall establish 
     criteria, including canine training curricula, performance 
     standards, and other requirements, necessary to ensure that 
     infrastructure security canine teams trained by nonprofit 
     organizations, universities, and private sector entities are 
     adequately trained and maintained.
       ``(2) Expansion.--In developing and implementing the 
     criteria, the Director shall--
       ``(A) coordinate with key stakeholders, including 
     international, Federal, State, and local government 
     officials, and private sector and academic entities to 
     develop best practice guidelines;
       ``(B) require that canine teams trained by nonprofit 
     organizations, universities, or private sector entities that 
     are used or made available by the Secretary be trained 
     consistent with the criteria; and
       ``(C) review the status of the private sector programs on 
     at least an annual basis to ensure compliance with the 
     criteria.
       ``(c) Deployment.--The Director--
       ``(1) shall use the additional canine teams increased under 
     subsection (a) to enhance security at Federal facilities;
       ``(2) may use the additional canine teams increased under 
     subsection (a) on a more limited basis to support other 
     homeland security missions; and
       ``(3) may request canine teams from other agencies within 
     the Department--
       ``(A) for high-risk areas;
       ``(B) to address specific threats; or
       ``(C) on an as-needed basis.
       ``(d) Canine Procurement.--The Director, shall ensure that 
     infrastructure security canine teams are procured as 
     efficiently as possible and at the lowest cost, while 
     maintaining the needed level of quality.

     ``SEC. 246. CHECKPOINT DETECTION TECHNOLOGY STANDARDS.

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

[[Page 5653]]



     ``SEC. 247. COMPLIANCE OF FEDERAL FACILITIES WITH FEDERAL 
                   SECURITY STANDARDS.

       ``(a) In General.--The Secretary may assess security 
     charges to an agency that is the owner or the tenant of a 
     Federal facility protected by the Federal Protective Service 
     in addition to any security charge assessed under section 248 
     for the costs of necessary security countermeasures if--
       ``(1) the Secretary, in coordination with the Interagency 
     Security Committee, determines a Federal facility to be in 
     noncompliance with Federal security standards established by 
     the Interagency Security Committee or a final determination 
     regarding countermeasures made by the appeals board 
     established under section 262(h); and
       ``(2) the Interagency Security Committee or the Director--
       ``(A) provided notice to that agency and the Facility 
     Security Committee of--
       ``(i) the noncompliance;
       ``(ii) the actions necessary to be in compliance; and
       ``(iii) the latest date on which such actions need to be 
     taken; and
       ``(B) the agency is not in compliance by that date.
       ``(b) Report on Noncompliant Facilities.--The Secretary 
     shall submit a report to the appropriate congressional 
     committees, in a classified manner if necessary, of any 
     facility determined to be in noncompliance with the Federal 
     security standards established by the Interagency Security 
     Committee.

     ``SEC. 248. FEES FOR PROTECTIVE SERVICES.

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

              ``Subtitle F--Interagency Security Committee

     ``SEC. 261. DEFINITIONS.

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

     ``SEC. 262. INTERAGENCY SECURITY COMMITTEE.

       ``(a) Establishment.--There is established within the 
     executive branch the Interagency Security Committee (in this 
     subtitle referred to as the `Committee') responsible for the 
     development of safety and security standards and best 
     practices to mitigate the effects of natural and manmade 
     hazards in Federal facilities.
       ``(b) Chairperson.--The Committee shall be chaired by the 
     Secretary, or the designee of the Secretary. The chairperson 
     shall be responsible for the daily operations of the 
     Committee and appeals board, final approval and enforcement 
     of Committee standards, and the promulgation of regulations 
     related to Federal facility security prescribed by the 
     Committee.
       ``(c) Membership.--
       ``(1) Voting members.--The Committee shall consist of the 
     following voting members:
       ``(A) Agency representatives.--Representatives from the 
     following agencies, appointed by the agency heads:
       ``(i) Department of Homeland Security.
       ``(ii) Department of State.
       ``(iii) Department of the Treasury.
       ``(iv) Department of Defense.
       ``(v) Department of Justice.
       ``(vi) Department of the Interior.
       ``(vii) Department of Agriculture.
       ``(viii) Department of Commerce.
       ``(ix) Department of Labor.
       ``(x) Department of Health and Human Services.
       ``(xi) Department of Housing and Urban Development.
       ``(xii) Department of Transportation.
       ``(xiii) Department of Energy.
       ``(xiv) Department of Education.
       ``(xv) Department of Veterans Affairs.
       ``(xvi) Environmental Protection Agency.
       ``(xvii) Central Intelligence Agency.
       ``(xviii) Office of Management and Budget.
       ``(xix) General Services Administration.
       ``(B) Other officers.--The following Federal officers or 
     the designees of those officers:
       ``(i) The Director of the United States Marshals Service.
       ``(ii) The Director.
       ``(iii) The Assistant to the President for National 
     Security Affairs.
       ``(C) Judicial branch representatives.--A representative 
     from the judicial branch appointed by the Chief Justice of 
     the United States.
       ``(2) Associate members.--The Committee shall include as 
     associate members who shall be nonvoting members, 
     representatives from the following agencies, appointed by the 
     agency heads:
       ``(A) Federal Aviation Administration.
       ``(B) Federal Bureau of Investigation.
       ``(C) Federal Deposit Insurance Corporation.
       ``(D) Federal Emergency Management Agency.
       ``(E) Federal Reserve Board.
       ``(F) Internal Revenue Service.
       ``(G) National Aeronautics and Space Administration.
       ``(H) National Capital Planning Commission.
       ``(I) National Institute of Standards & Technology.
       ``(J) Nuclear Regulatory Commission.
       ``(K) Office of Personnel Management.
       ``(L) Securities and Exchange Commission.
       ``(M) Social Security Administration.
       ``(N) United States Coast Guard.
       ``(O) United States Postal Service.
       ``(P) United States Army Corps of Engineers.
       ``(Q) Court Services and Offender Supervision Agency.
       ``(R) Any other Federal officers as the President shall 
     appoint.
       ``(3) Government accountability office.--The Comptroller 
     General shall designate a representative to act as a liaison 
     to the Committee.
       ``(d) Working Groups.--The Committee may establish 
     interagency working groups to perform such tasks as may be 
     directed by the Committee.
       ``(e) Consultation.--The Committee shall consult with other 
     parties, including the Administrative Office of the United 
     States Courts, to perform its responsibilities, and, at the 
     discretion of the Chairperson of the Committee, such other 
     parties may participate in the working groups.
       ``(f) Meetings.--The Committee shall at a minimum meet 
     quarterly.
       ``(g) Responsibilities.--The Committee shall--
       ``(1) not later than 1 year after the date of enactment of 
     the Supporting Employee Competency and Updating Readiness 
     Enhancements for Facilities Act of 2011, propose regulations 
     to the Secretary for promulgation under section 1315(c)(1) of 
     title 40, United States Code--
       ``(A) for determining facility security levels, unless the 
     Committee determines that similar regulations are issued by 
     the Secretary before the end of that 180-day period; and
       ``(B) to establish risk-based performance standards for the 
     security of Federal facilities, unless the Committee 
     determines that similar regulations are issued by the 
     Secretary before the end of that 1-year period;
       ``(2) establish protocols for the testing of the compliance 
     of Federal facilities with Federal security standards, 
     including a mechanism for the initial and recurrent testing 
     of Federal facilities;
       ``(3) prescribe regulations to determine minimum levels of 
     training and certification of contract guards;
       ``(4) prescribe regulations to establish a list of 
     prohibited items for entry into Federal facilities;
       ``(5) establish minimum requirements and a process for 
     providing basic security training for members of Facility 
     Security Committees; and
       ``(6) take such actions as may be necessary to enhance the 
     quality and effectiveness of security and protection of 
     Federal facilities, including--
       ``(A) encouraging agencies with security responsibilities 
     to share security-related intelligence in a timely and 
     cooperative manner;
       ``(B) assessing technology and information systems as a 
     means of providing cost-effective improvements to security in 
     Federal facilities;
       ``(C) developing long-term construction standards for those 
     locations with threat levels or missions that require blast 
     resistant structures or other specialized security 
     requirements;
       ``(D) evaluating standards for the location of, and special 
     security related to, day care centers in Federal facilities; 
     and
       ``(E) assisting the Secretary in developing and maintaining 
     a secure centralized security database of all Federal 
     facilities; and
       ``(7) carry out such other duties as assigned by the 
     President.
       ``(h) Appeals Board.--
       ``(1) Establishment.--The Committee shall establish an 
     appeals board to consider appeals from any Facility Security 
     Committee or the Director of a--
       ``(A) facility security level determination;
       ``(B) Facility Security Committee decision to disapprove a 
     determination for necessary countermeasures or physical 
     security improvements if the Director considered such a 
     decision a grave risk to the facility or its occupants; or
       ``(C) determination of noncompliance with Federal facility 
     security standards.
       ``(2) Membership.--
       ``(A) In general.--The appeals board shall consist of 7 
     members of the Committee, of whom--
       ``(i) 1 shall be designated by the Secretary;
       ``(ii) 4 shall be selected by the voting members of the 
     Committee; and
       ``(iii) 2 shall be selected by the voting members of the 
     Committee to serve as alternates in the case of recusal by a 
     member of the appeals board.
       ``(B) Recusal.--An appeals board member shall recuse 
     himself or herself from any appeal from an agency which that 
     member represents.

[[Page 5654]]

       ``(3) Final appeal.--A decision of the appeals board is 
     final and shall not be subject to administrative or judicial 
     review.
       ``(i) Agency Support and Cooperation.--
       ``(1) Administrative support.--
       ``(A) In general.--To the extent permitted by law and 
     subject to the availability of appropriations, the Secretary 
     shall provide the Committee such administrative services, 
     funds, facilities, staff and other support services as may be 
     necessary for the performance of the functions of the 
     Committee under this subtitle.
       ``(B) Authorization of appropriations.--There are 
     authorized to be appropriated to the Department such sums as 
     necessary to carry out the provisions of this paragraph.
       ``(2) Cooperation and compliance.--
       ``(A) In general.--Each agency shall cooperate and comply 
     with the policies, standards, and determinations of the 
     Committee.
       ``(B) Support.--To the extent permitted by law and subject 
     to the availability of appropriations, agencies shall provide 
     such support as may be necessary to enable the Committee to 
     perform the duties and responsibilities of the Committee.
       ``(3) Compliance.--The Secretary shall be responsible for 
     monitoring agency compliance with the policies and 
     determinations of the Committee.
       ``(j) Authorization.--There are authorized to be 
     appropriated to the Department such sums as necessary to 
     carry out the provisions of this section.

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

       ``(a) In General.--The Secretary, in consultation with the 
     Committee, shall establish a process to authorize an agency 
     to provide protective services for a Federal facility instead 
     of the Federal Protective Service.
       ``(b) Law Enforcement Authority.--The Federal Protective 
     Service shall retain the law enforcement authorities of the 
     Federal Protective Service at any Federal facilities where an 
     exemption is approved under subsection (a).
       ``(c) Requirements.--Except as provided under subsection 
     (d), the process under subsection (a) shall--
       ``(1) provide that--
       ``(A) an agency may submit an application to the Secretary 
     for an authorization;
       ``(B) an authorization shall be for a 2-year period;
       ``(C) an authorization may be renewed; and
       ``(D) not later than 60 days after an agency submits an 
     application to the Secretary for an authorization, the 
     Secretary shall respond to the agency; and
       ``(2) require an agency to--
       ``(A) demonstrate security expertise;
       ``(B) possess law enforcement authority;
       ``(C) provide sufficient information through a security 
     plan that the agency shall be in compliance with the Federal 
     security standards of the Committee; and
       ``(D) submit a cost benefit analysis demonstrating savings 
     to be realized.
       ``(d) Authorization for Certain Department of Energy 
     Facilities.--Nothing in this section shall--
       ``(1) alter authorizations in effect as of the date of 
     enactment of the Supporting Employee Competency and Updating 
     Readiness Enhancements for Facilities Act of 2011 that have 
     been provided to the Department of Energy for headquarters 
     facilities located in Washington, D.C. and Germantown, 
     Maryland; or
       ``(2) preclude the Secretary and the Secretary of Energy 
     from renegotiating the terms of the authorizations for the 
     Department of Energy headquarters facilities located in 
     Washington, D.C. and Germantown, Maryland without regard to 
     the requirements of subsection (c).

     ``SEC. 264. FACILITY SECURITY COMMITTEES.

       ``(a) In General.--
       ``(1) Maintenance of facility security committees.--Except 
     as provided under paragraph (2), the agencies that are 
     tenants at each Federal facility shall maintain a Facility 
     Security Committee for that Federal facility. Each agency 
     that is a tenant at a Federal facility shall provide 1 
     employee to serve as a member of the Facility Security 
     Committee.
       ``(2) Exemptions.--The Secretary may exempt a Federal 
     facility from the requirement under paragraph (1), if that 
     Federal facility is authorized under section 263 to provide 
     protective services.
       ``(b) Chairperson.--
       ``(1) In general.--Each Facility Security Committee shall 
     be headed by a chairperson, elected by a majority of the 
     members of the Facility Security Committee.
       ``(2) Responsibilities.--The chairperson shall be 
     responsible for--
       ``(A) maintaining accurate contact information for agency 
     tenants and providing that information, including any 
     updates, to the Federal Protective Service or designated 
     security organization;
       ``(B) setting the agenda for Facility Security Committee 
     meetings;
       ``(C) referring Facility Security Committee member 
     questions to Federal Protective Service or designated 
     security organization for response;
       ``(D) reviewing a security assessment completed by the 
     Federal Protective Service or designated security 
     organization representatives and, if requested by the Federal 
     Protective Service or designated security organization, 
     accompanying the representatives during on-site facility 
     security assessments;
       ``(E) maintaining an official record of each meeting;
       ``(F) acknowledging receipt of the facility security 
     assessment from Federal Protective Service or designated 
     security organization;
       ``(G) maintaining records of training of or waivers for 
     members of the Facility Security Committee; and
       ``(H) any other duties as determined by the Interagency 
     Security Committee.
       ``(c) Training for Members.--
       ``(1) In general.--Except as provided under paragraphs (3) 
     and (4), before serving as a member of a Facility Security 
     Committee, an employee shall successfully complete a training 
     course that meets a minimum standard of training as 
     established by the Interagency Security Committee.
       ``(2) Training.--Training under this subsection shall--
       ``(A) be provided by the Federal Protective Service or 
     designated security organization, in accordance with 
     standards established by the Interagency Security Committee;
       ``(B) be commensurate with the security level of the 
     facility; and
       ``(C) include training relating to--
       ``(i) familiarity with published standards of the 
     Interagency Security Committee;
       ``(ii) physical security criteria for Federal facilities;
       ``(iii) use of physical security performance measures;
       ``(iv) facility security levels determinations;
       ``(v) best practices for safe mail handling;
       ``(vi) knowledge of an occupant emergency plan, the 
     facility security assessment process, and the facility 
     countermeasures plan; and
       ``(vii) the role of the Federal Protective Service or 
     designated security organization and the General Services 
     Administration.
       ``(3) Waivers.--The training requirement under this 
     subsection may be waived by the Director, the head of a 
     designated security organization, or the Chairperson of the 
     Interagency Security Committee if the Director, the head of 
     the designated security organization, or the Chairperson 
     determines that an employee has related experience in 
     physical security, law enforcement, or infrastructure 
     security disciplines.
       ``(4) Incumbent members.--
       ``(A) In general.--This subsection shall apply to any 
     Facility Security Committee established before, on, or after 
     the date of enactment of the Supporting Employee Competency 
     and Updating Readiness Enhancements for Facilities Act of 
     2011, except that any member of a Facility Security Committee 
     serving on that date shall during the 1-year period following 
     that date--
       ``(i) successfully complete a training course as required 
     under paragraph (1); or
       ``(ii) obtain a waiver under paragraph (3).
       ``(B) Compliance.--Any member of a Facility Security 
     Committee described under subparagraph (A) who does not 
     comply with that subparagraph may not serve on that Facility 
     Security Committee.
       ``(d) Meetings and Quorum.--
       ``(1) Meetings.--Each Facility Security Committee shall 
     meet on a quarterly basis, or more frequently if determined 
     appropriate by the chairperson.
       ``(2) Quorum.--A majority of the members of a Facility 
     Security Committee shall be present for a quorum to conduct 
     business.
       ``(e) Appeal.--
       ``(1) In general.--If a Facility Security Committee 
     disagrees with a determination of a facility security level 
     or a determination of noncompliance with Federal security 
     standards, the Chairperson of a Facility Security Committee 
     may file an appeal of the determination with the Interagency 
     Security Committee appeals board.
       ``(2) Decision to appeal.--The decision to file an appeal 
     shall be agreed to by a majority of the members of a Facility 
     Security Committee
       ``(3) Matters subject to appeal.--A determination of the 
     Federal Protective Service may be appealed under this 
     subsection, including any determination relating to--
       ``(A) countermeasure improvements;
       ``(B) facility security assessment findings; and
       ``(C) facility security levels.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents for the Homeland Security Act of 2002 is amended by 
     inserting after the matter relating to title II the 
     following:

                ``Subtitle E--Federal Protective Service

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

              ``Subtitle F--Interagency Security Committee

``Sec. 261. Definitions.

[[Page 5655]]

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

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

       (a) Law Enforcement Authority of Secretary of Homeland 
     Security.--Section 1315(b)(2) of title 40, United States 
     Code, is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``While engaged in the performance of official duties, an'' 
     and inserting ``An''; and
       (2) in subparagraph (B), by striking ``carry firearms;'' 
     and inserting ``carry firearms on or off duty;''.
       (b) Carrying Concealed Firearms.--Section 926B(f) of title 
     18, United States Code, is amended by inserting ``, a law 
     enforcement officer of the Federal Protective Service'' after 
     ``Federal Reserve,''.

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

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


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


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


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


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

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

       (ii) Failure to make a timely election.--Failure to make a 
     timely election under

[[Page 5656]]

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

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

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate congressional committees on the personnel 
     needs of the Federal Protective Service that includes 
     recommendations on the numbers of Federal protective service 
     officers and the workforce composition of the Federal 
     Protective Service needed to carry out the mission of the 
     Federal Protective Service during the 10-fiscal year period 
     beginning after the date of enactment of this Act.
       (b) Review and Comment.--The Secretary shall provide the 
     report prepared under this section to a qualified consultant 
     for review and comment, before submitting the report to the 
     appropriate congressional committees. The Secretary shall 
     provide the comments of the qualified consultant to the 
     appropriate congressional committee with the report.

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

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary shall submit a report to the appropriate 
     congressional committees on--
       (1) retention rates within the Federal Protective Service 
     contract guard workforce; and
       (2) how the retention rate affects the costs and operations 
     of the Federal Protective Service and the security of Federal 
     facilities.

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

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a report on the 
     feasibility of federalizing the Federal Protective Service 
     contract guard workforce.
       (b) Review and Comment.--The Secretary shall provide the 
     report prepared under this section to a qualified consultant 
     for review and comment, before submitting the report to the 
     appropriate congressional committees. The Secretary shall 
     provide the comments of the qualified consultant to the 
     appropriate congressional committee with the report.
       (c) Contents.--The report under this section shall include 
     an evaluation of--
       (1) converting in its entirety, or in part, the Federal 
     Protective Service contract workforce into full-time Federal 
     employees, including an option to post a full-time equivalent 
     Federal protective service officer at each Federal facility 
     that on the date of enactment of this Act has a contract 
     guard stationed at that facility;
       (2) the immediate and projected costs of the conversion;
       (3) the immediate and projected costs of maintaining guards 
     under contract status and of maintaining full-time Federal 
     employee guards;
       (4) the potential increase in security if converted, 
     including an analysis of using either a Federal security 
     guard, Federal police officer, or Federal protective service 
     officer instead of a contract guard;
       (5) the hourly and annual costs of contract guards and the 
     Federal counterparts of those guards, including an assessment 
     of costs associated with all benefits provided to the Federal 
     counterparts; and
       (6) a comparison of similar conversions of large groups of 
     contracted workers and potential benefits and challenges.

     SEC. 9. REPORT ON AGENCY FUNDING.

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

     SEC. 10. REPORT ON PREVENTING EXPLOSIVES FROM ENTERING 
                   FEDERAL FACILITIES.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall submit a report to the appropriate 
     congressional committees on the feasibility, effectiveness, 
     safety and privacy implications of the use or potential use 
     of available methods to detect or prevent explosives from 
     entering Federal facilities, including the use of additional 
     canine teams, advanced imaging technology, or other 
     technology or methods for detecting explosives.

     SEC. 11. SAVINGS CLAUSE.

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

  Ms. COLLINS. Mr. President, I rise today to join Senator Lieberman 
and Senator Akaka in introducing the SECURE Facilities Act of 2011--
Supporting Employee Competency and Updating Readiness Enhancements. 
This bill would help to improve inadequate security at too many of our 
Federal buildings.
  As a Nation, we have learned several hard truths. Terrorists are 
intent on attacking the United States, and their tactics continue to 
evolve. The early identification of a security gap can save countless 
lives if we act promptly to close it. There is no substitute for pre-
emptive action to detect, disrupt, and defend against terrorist plots.
  As we remember the lives lost when terrorists attacked the United 
States in 2001, we must avoid complacency. Our country's defenses must 
be nimble, multi-layered, informed by timely intelligence and 
coordinated across multiple agencies.
  This is difficult work, requiring painstaking attention to detail and 
an unwavering focus. We must remain vigilant about the threats we face. 
Unfortunately, the evidence indicates there are significant security 
problems at Federal buildings where thousands of employees serve 
thousands more of our citizens every work day.
  The Federal Protective Service, FPS, is charged with securing nearly 
9,000 Federal facilities and protecting the government employees who 
work in them, and the Americans who use them to access vital services.
  But, independent investigations by the Government Accountability 
Office, at the request of our Committee, and the Department of Homeland 
Security Inspector General have documented serious and systemic 
security flaws within the operations of the FPS. These lapses place 
Federal employees and private citizens at risk.
  In April and May of 2009, for example, GAO's undercover investigators 
smuggled bomb-making materials into 10 Federal office buildings. Every 
single building GAO targeted was breached--a perfect record of security 
failure. At each facility, concealed bomb components passed through 
checkpoints monitored by FPS guards. Once inside, the covert GAO 
investigators were able to assemble the simulated explosive devices 
without interruption.
  A July 2009 GAO report documented training flaws for FPS contract 
guards, some of whom failed to receive mandatory training on the 
operation of metal detectors and x-ray equipment. Other contract guards 
were deficient in key certifications such as CPR, First Aid, and 
firearms training. All told, GAO found that 62 percent of the FPS 
contract guards it reviewed lacked valid certifications in one or more 
of these areas.
  This review also found that FPS did little to ensure compliance with 
rules and regulations and failed to conduct inspections of guard posts 
after regular business hours. When GAO investigators tested these 
posts, they found some guards sleeping on an overnight shift.
  In another example, an inattentive guard allowed a baby in a carrier 
to pass through an x-ray machine on its conveyor belt. That guard was 
fired, but he ultimately won a lawsuit against the FPS because the 
agency could not document that he had received required training on the 
machine.
  A few months earlier, in April 2009, the Department of Homeland 
Security's Inspector General also found

[[Page 5657]]

critical failings in the FPS contract guard program. The Inspector 
General's recommendations included many concrete steps to strengthen 
contract guard performance, such as improving the award and management 
of contracts and increasing the amount of training and number of 
compliance inspections.
  These reports demonstrate that American taxpayers are simply not 
receiving the security they have paid for and that they expect FPS to 
provide. The reports also show the vulnerabilities facing Federal 
employees and federal infrastructure because of lax security.
  While shining a light on these failings in multiple hearings, our 
Committee pressed FPS to take action to close these security gaps. 
Although some tentative steps have been taken by FPS, we can no longer 
wait for OMB and DHS to implement the absolutely critical security 
measures necessary to help protect our Federal buildings, our Federal 
employees, and the American public.
  The legislation that I introduce today, with Senators Lieberman and 
Akaka, would help close these security gaps at our Federal buildings.
  First, the bill would codify the Interagency Security Committee, 
which was established by Executive Order 6 months after the Oklahoma 
City bombing, to increase security standards at Federal facilities. The 
ISC, comprised of representatives from agencies across the government, 
would establish risk-based performance standards for the security of 
Federal buildings. FPS would then enforce these requirements based on 
the risk tier assigned the facility by the ISC.
  Prior reports clearly demonstrate that FPS lacks authority to require 
tenant agencies of a Federal facility to comply with recommended 
security countermeasures.
  For example, although FPS may ask tenant agencies to purchase or 
repair security equipment like cameras and x-ray machines, these tenant 
agencies can refuse to purchase or repair the equipment based on cost. 
Since FPS has no enforcement mechanism, these machines are not 
upgraded, or remain inoperable, and security suffers. With so much at 
stake, tenant agencies should not be able to effectively overrule the 
security experts on the ISC and at FPS.
  To address this problem, our legislation would provide FPS the 
authority needed to mandate the implementation of security measures at 
a facility. FPS also would have the authority to inspect Federal 
facilities to enforce compliance.
  The bill would allow the FPS Director to charge additional fees if 
tenant agencies fail to comply with applicable security standards. In 
such cases, the Secretary also must notify Congress of the non-
compliant facilities.
  Our bill also would require an independent analysis of FPS's long-
term staffing needs.
  The government has an obligation to protect our Nation's security, 
and our Federal buildings are targets for violence. This legislation 
would provide FPS with stronger authority to improve security at our 
Federal buildings.
  The American public that relies on these facilities and the Federal 
employees who work in them deserve better and more reliable protection.
                                 ______
                                 
      By Mr. BAUCUS:
  S. 774. A bill to appropriate funds for pay and allowances and 
support for members of the Armed Forces, their families, and other 
personnel critical to national security during a funding gap; to the 
Committee on Appropriations.
  Mr. BAUCUS. Mr. President, this is a bill to appropriate funds for 
pay and allowances and support for members of the Armed Forced, their 
families, and other personnel critical to national security during a 
funding gap.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 774

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Enduring Support for 
     Defenders of Freedom and Their Families Act''.

     SEC. 2. APPROPRIATIONS FOR PAY AND ALLOWANCES AND SUPPORT FOR 
                   MEMBERS OF THE ARMED FORCES, THEIR FAMILIES, 
                   AND CERTAIN OTHER PERSONNEL CRITICAL TO 
                   NATIONAL SECURITY DURING A FUNDING GAP.

       (a) In General.--During a funding gap impacting the Armed 
     Forces and the Department of Homeland Security, the Secretary 
     of the Treasury shall make available to the Secretary of 
     Defense and the Secretary of Homeland Security, out of any 
     amounts in the general fund of the Treasury not otherwise 
     appropriated, amounts as follows:
       (1) Such amounts as the Secretary of Defense and the 
     Secretary of Homeland Security determine to be necessary to 
     continue to provide pay and allowances (without interruption) 
     to the following:
       (A) Members and dependents of the Army, the Navy, the Air 
     Force, the Marine Corps, the Coast Guard, including reserve 
     components thereof, and the U.S. Customs and Border 
     Protection, who perform active service during the funding 
     gap.
       (B) At the discretion of the Secretary of Defense and the 
     Secretary of Homeland Security, such civilian personnel of 
     the Department of Defense and the Department of Homeland 
     Security who are providing support to the personnel referred 
     to in paragraph (1) as the Secretaries consider appropriate.
       (C) At the discretion of the Secretary of Defense and the 
     Secretary of Homeland Security, such personnel of contractors 
     of the Department of Defense and the Department of Homeland 
     Security who are providing direct support to the personnel 
     referred to in paragraph (1) as the Secretaries consider 
     appropriate.
       (2) At the discretion of the Secretary of Defense and the 
     Secretary of Homeland Security, such amounts as the 
     Secretaries determine to be necessary to continue carrying 
     out programs (and the pay and allowances of personnel 
     carrying out such programs) that provide direct support to 
     the members of the Armed Forces and the Department of 
     Homeland Security, including programs as follows:
       (A) Programs for the support of families, including child 
     care and family support services.
       (B) Such programs of the Department of Defense for the 
     provision of medical treatment as the Secretary of Defense 
     considers appropriate, including programs for the provision 
     of rehabilitative services and counseling for combat injuries 
     (including, but not limited to, Post Traumatic Stress 
     Disorder (PTSD) and Traumatic Brain Injury (TBI)).
       (b) Funding Gap Defined.--In this section, the term 
     ``funding gap'' means any period of time after the beginning 
     of a fiscal year for which interim or full-year 
     appropriations for the personnel and other applicable 
     accounts of the Armed Forces and the Department of Homeland 
     Security for that fiscal year have not been enacted.
                                 ______
                                 
      By Mr. UDALL of Colorado:
  S. 784. A bill to prevent the shutdown of the Federal Government; to 
the Committee on Appropriations.
  Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that 
the text of the bill be printed in the Record.
  There being no objeciton, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 784

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Preventing a Government 
     Shutdown Act''.

     SEC. 2. AMENDMENT TO TITLE 31.

       (a) In General.--Chapter 13 of title 31, United States 
     Code, is amended by inserting after section 1310 the 
     following new section:

     ``Sec. 1311. Continuing appropriations

       ``(a)(1) If any regular appropriation bill for a fiscal 
     year (or, if applicable, for each fiscal year in a biennium) 
     does not become law before the beginning of such fiscal year 
     or a joint resolution making continuing appropriations is not 
     in effect, there are appropriated, out of any money in the 
     Treasury not otherwise appropriated, and out of applicable 
     corporate or other revenues, receipts, and funds, excluding 
     any budget authority designated as an emergency or temporary 
     funding for projects or activities that are not part of 
     ongoing operations, to such sums as may be necessary to 
     continue any project or activity for which funds were 
     provided in the preceding fiscal year--
       ``(A) in the corresponding regular appropriation Act for 
     such preceding fiscal year; or
       ``(B) if the corresponding regular appropriation bill for 
     such preceding fiscal year did not become law, then in a 
     joint resolution making continuing appropriations for such 
     preceding fiscal year.
       ``(2) Appropriations and funds made available, and 
     authority granted, for a project or

[[Page 5658]]

     activity for any fiscal year pursuant to this section shall 
     be at a rate of operations not in excess of the lower of--
       ``(A) the rate of operations provided for in the regular 
     appropriation Act providing for such project or activity for 
     the preceding fiscal year; or
       ``(B) in the absence of such an Act, the rate of operations 
     provided for such project or activity pursuant to a joint 
     resolution making continuing appropriations for such 
     preceding fiscal year.
       ``(3) Appropriations and funds made available, and 
     authority granted, for any fiscal year pursuant to this 
     section for a project or activity shall be available for the 
     period beginning with the first day of a lapse in 
     appropriations and ending with the earlier of--
       ``(A) the date on which the applicable regular 
     appropriation bill for such fiscal year becomes law (whether 
     or not such law provides for such project or activity) or a 
     continuing resolution making appropriations becomes law, as 
     the case may be; or
       ``(B) the last day of such fiscal year.
       ``(4) This section shall not provide funding for a new 
     fiscal year to continue any project or activity which is 
     funded under the provisions of this section at the end of the 
     preceding fiscal year until the enactment of a regular 
     appropriation Act or joint resolution making continuing 
     appropriations for such project or activity during such new 
     fiscal year.
       ``(b) An appropriation or funds made available, or 
     authority granted, for a project or activity for any fiscal 
     year pursuant to this section shall be subject to the terms 
     and conditions imposed with respect to the appropriation made 
     or funds made available for the preceding fiscal year, or 
     authority granted for such project or activity under current 
     law.
       ``(c) Appropriations and funds made available, and 
     authority granted, for any project or activity for any fiscal 
     year pursuant to this section shall cover all obligations or 
     expenditures incurred for such project or activity during the 
     portion of such fiscal year for which this section applies to 
     such project or activity.
       ``(d) Expenditures made for a project or activity for any 
     fiscal year pursuant to this section shall be charged to the 
     applicable appropriation, fund, or authorization whenever a 
     regular appropriation bill or a joint resolution making 
     continuing appropriations until the end of a fiscal year 
     providing for such project or activity for such period 
     becomes law.
       ``(e) This section shall not apply to a project or activity 
     during a fiscal year if any other provision of law (other 
     than an authorization of appropriations)--
       ``(1) makes an appropriation, makes funds available, or 
     grants authority for such project or activity to continue for 
     such period; or
       ``(2) specifically provides that no appropriation shall be 
     made, no funds shall be made available, or no authority shall 
     be granted for such project or activity to continue for such 
     period.
       ``(f) For purposes of this section, the term `regular 
     appropriation bill' means any annual appropriation bill 
     making appropriations, otherwise making funds available, or 
     granting authority, for any of the following categories of 
     projects and activities:
       ``(1) Agriculture, rural development, Food and Drug 
     Administration, and related agencies programs.
       ``(2) The Department of Defense.
       ``(3) Energy and water development, and related agencies.
       ``(4) State, foreign operations, and related programs.
       ``(5) The Department of Homeland Security.
       ``(6) The Department of the Interior, Environmental 
     Protection Agency, and related agencies.
       ``(7) The Departments of Labor, Health and Human Services, 
     and Education, and related agencies.
       ``(8) Military construction, veterans affairs, and related 
     agencies.
       ``(9) Science, the Departments of State, Justice, and 
     Commerce, and related agencies.
       ``(10) The Departments of Transportation, Housing and Urban 
     Development, and related agencies.
       ``(11) The Legislative Branch.
       ``(12) Financial services and general government.''.
       (b) Clerical Amendment.--The analysis of chapter 13 of 
     title 31, United States Code, is amended by inserting after 
     the item relating to section 1310 the following new item:

``1311. Continuing appropriations.''.

       (c) Effective Date.--The amendment made by this section 
     shall apply to fiscal years beginning fiscal year 2011.

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