[Senate Report 112-202]
[From the U.S. Government Publishing Office]
112th Congress
2d Session SENATE Report
112-202
_______________________________________________________________________
Calendar No. 492
SECURE FACILITIES ACT OF 2012
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 772
TO PROTECT FEDERAL EMPLOYEES AND VISITORS, IMPROVE THE SECURITY OF
FEDERAL FACILITIES AND AUTHORIZE AND MODERNIZE THE FEDERAL PROTECTIVE
SERVICE
August 2, 2012.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri ROB PORTMAN, Ohio
JON TESTER, Montana RAND PAUL, Kentucky
MARK BEGICH, Alaska JERRY MORAN, Kansas
Michael L. Alexander, Staff Director
Beth M. Grossman, Deputy Staff Director and Chief Counsel
Jason M. Yanussi, Senior Professional Staff Member
Jason T. Barnosky, Professional Staff Member
Nicholas A. Rossi, Minority Staff Director
Mark B. LeDuc, Minority General Counsel
Jennifer L. Tarr, Minority Counsel
John A. Kane, Minority Professional Staff Member
Trina Driessnack Tyrer, Chief Clerk
Calendar No. 492
112th Congress
SENATE
Report
2d Session 112-202
======================================================================
SECURE FACILITIES ACT OF 2012
_______
August 2, 2012.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 772]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 772) to protect
Federal employees and visitors, improve the security of Federal
facilities and authorize and modernize the Federal Protective
Service, having considered the same, reports favorably thereon
with an amendment and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................5
IV. Section-by-Section Analysis......................................6
V. Evaluation of Regulatory Impact..................................9
VI. Congressional Budget Office Cost Estimate.......................10
VII. Changes in Existing Law Made by the Bill, as Reported...........12
I. Purpose and Summary
The purpose of the Supporting Employee Competency and
Updating Readiness Enhancements for Facilities Act of 2012--the
SECURE Facilities Act of 2012--is to protect federal employees
and visitors within federal facilities from threats to their
safety and security by improving the security of federal
facilities and modernizing the Federal Protective Service, the
federal law enforcement agency charged with protecting many
federal buildings and facilities. The bill does so by
strengthening the training and oversight requirements for law
enforcement and contract security guard personnel, modernizing
the agency's workforce, and augmenting the Federal Protective
Service's ability to detect explosives.
II. Background and Need for the Legislation
The Federal Protective Service (FPS) traces its origins to
early American history, when President George Washington
recognized that government facilities in a newly designated
capitol city should be protected. President Washington
appointed three Commissioners to establish a site for the
permanent seat of the federal government. In turn, the
Commissioners hired six night watchmen to protect our first
government buildings.\1\
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\1\FPS, ``FPS 101'' (Briefing Material Provided to Committee
Staff).
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The agency as we know it today was formed in 1971 when the
Administrator of the General Services Administration (GSA)
signed an order establishing the Federal Protective Force,
which would later be renamed the Federal Protective Service.
FPS resided in GSA until 2002 when it was transferred to the
newly formed Department of Homeland Security (DHS).\2\ Today,
FPS is responsible for safeguarding more than one million
visitors and federal workers who enter one of more than 9,000
protected federal facilities each day.\3\ However, the agency's
small size--it employs just over 1,200 full-time equivalent
employees--means that it must use almost 15,000 contract
security guards to augment security at most protected
facilities.\4\
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\2\Lorraine H. Tong and Shawn Reese, Federal Building, Courthouse,
and Facility Security (Congressional Research Service: December 9,
2011) p. 6.
\3\GAO, Homeland Security: Federal Protective Service's Contract
Guard Program Requires More Oversight and Reassessment of Use of
Contract Guards, GAO-10-341, April 2010, p. 1.
\4\Tong and Reese p. 7.
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In the course of its own oversight of FPS and as a result
of a series of Committee-requested Government Accountability
Office (GAO) reports and reports by the DHS Inspector General,
the Committee has identified a number of significant management
and operational challenges facing FPS. GAO, for example, found
shortcomings in the agency's management and oversight of the
contract guards, who are stationed on-site to protect federal
buildings. In one example, an inattentive guard allowed a baby
in a carrier to pass through an X-ray machine on its conveyor
belt. This guard would later win a lawsuit against FPS because
the agency could not document that he had received required
training on the machine.\5\
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\5\GAO, Homeland Security: Preliminary Results Show Federal
Protective Service's Ability to Protect Federal Facilities Is Hampered
By Weaknesses in Its Contract Security Guard Program, GAO-09-859T, July
8, 2009, p. 10.
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GAO also uncovered alarming security gaps that allowed
covert investigators to smuggle improvised explosive devices
into ten high profile federal buildings housing significant
numbers of federal employees.\6\ Every single building GAO
targeted was breached--a perfect record of security failure.
The SECURE Facilities Act responds to these findings by making
a number of changes to FPS's authority to manage its workforce
and address threats to the facilities it protects.
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\6\GAO, Homeland Security: The Federal Protective Service Faces
Several Challenges That Hamper Its Ability to Protect Federal
Facilities, GAO-08-683, June 2008, passim; GAO, Homeland Security:
Preliminary Results Show Federal Protective Services Ability to Protect
Federal Facilities is Hampered by Weaknesses in Its Contract Security
Guard Program,, GAO-09-859T, July 2009, passim; GAO, Homeland Security:
Greater Attention to Key Practices Would Improve the Federal Protective
Service's Approach to Facility Protection, GAO-10-142, October 2009,
passim; and GAO, April 2010, passim.
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Although the legislation thus enhances the ability of FPS
to safeguard the facilities under its protection, it does not
add any new facilities to the agency's jurisdiction. FPS's
responsibility is to protect the more than 9,000 federal
facilities owned or leased by GSA. Under existing law, the U.S.
Marshals are responsible for protecting federal courthouses and
the people within them, while the FPS is responsible for the
security of the grounds around courthouses. Also, the
Departments of Defense and Energy are, and will remain,
responsible for protecting most of their own facilities, though
a few facilities housing administrative offices do fall under
the FPS's authority. The bill does not in any way affect those
existing arrangements.
Ensuring FPS has a modern workforce
S. 772 contains a number of provisions designed to
strengthen FPS's workforce. First, it ensures that FPS has
sufficient personnel. When FPS was transferred to DHS, the
agency lost access to supplemental funding it received through
its previous parent agency (GSA). This led to cuts in training
and equipment, as well as proposals to cut the workforce by
one-third, even after the agency assumed new responsibilities
in the wake of September 11, 2001. As such, S. 772 requires
that no fewer than 1,200 full-time equivalent employees (FTEs),
including no fewer than 900 law enforcement officers, are
maintained by the agency and if the agency plans to reduce its
personnel level below the previous year's level, FPS must
provide appropriate justification to Congress.
The bill also ensures that FPS officers have the authority
they need to meet their professional responsibilities.
Currently, the vast majority of FPS officers are not empowered
to carry firearms while off duty, in contrast to most other
federal law enforcement officers. As a result, FPS officers who
are required to respond to incidents while officially off duty
will frequently have to pick up their firearms and other
equipment before responding, further delaying response. To
address this problem, the legislation authorizes all FPS
officers to carry their firearms while off duty, the same as
other federal law enforcement officers.
Finally, S. 772 provides FPS officers with retirement
benefits comparable to other federal law enforcement officials.
In order to better compete in recruitment and retention with
other federal, state and local law enforcement organizations,
the legislation provides federal law enforcement retirement
benefits to all FPS officers.
Strengthening the contract guard program
S. 772 also tackles deficiencies in the contract guard
program. FPS relies on almost 15,000 contract security guards
to stand post at protected federal facilities and serve as the
first physical line of defense against anyone with bad
intentions. In 2010, the GAO found that management of the
contract guard program was poor and undermined the goals and
effectiveness of the program.\7\ This legislation ensures that
contract guards will be held to high standards and prepared and
equipped to address the threats facing federal facilities
today.
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\7\GAO, April 2010, passim.
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One of GAO's key findings was that a significant number of
contract guards did not meet FPS's training and certification
requirements and that FPS did not take enforcement actions
against contractors for their failure to comply with these
rules.\8\ FPS recently raised training and oversight
requirements, but these could be reduced in the future. To
ensure they remain high, S. 772 requires FPS to set security
guard training requirements at a minimum of 80 hours of initial
instruction and 16 hours for annual, recurrent training. It
also requires FPS to increase the portion of the training it
monitors or provides from 10% to at least 25% by fiscal year
2014.
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\8\GAO, April 2010, pp. 9-11.
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To ensure that FPS can take appropriate action against
contract guard service providers who do not meet these
strengthened requirements--and also to ensure that FPS can
properly evaluate proposals for contracts for guard services
based on the best value--S. 772 requires FPS to maintain a
database of contracts for guard services that includes
information related to contract performance. The Committee
expects this database will be electronic and nationally
accessible to all appropriate agency personnel involved in
contract oversight and awards. This will give FPS contracting
officers in regional offices access to contract performance
information from other offices, allowing them to make better
informed decisions.
S. 772 also takes steps to ensure that the responsibilities
of contract guards are clear and current. In 2009 GAO reported
that the assigned responsibilities of guards, known as post
orders, are sometimes outdated.\9\ S. 772 requires FPS to
immediately update all post orders and the Security Guard
Information Manual and to then review and update them every two
years thereafter.
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\9\GAO, July 2009, p. 12.
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Addressing the threat of explosives
The bill ensures that FPS focuses on and prepares to
address the critical threat of explosives to federal buildings
and those who visit and work in them. While the Oklahoma City
bombing in 1995 drew attention to this threat, FPS has been
slow to adopt methods that can detect and deter this type of
attack. In 2009, GAO revealed the breadth of this shortcoming
when it passed the components of an improvised explosive device
(IED) through security checkpoints without detection at several
facilities monitored by FPS.\10\
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\10\GAO, April 2010, p. 16.
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To address these deficiencies, S. 772 authorizes an
increase in the number of canine detection teams available for
security at federal facilities and the development of
checkpoint detections technology standards. It also requires a
report by the Secretary of DHS (Secretary) on methods to detect
and prevent explosives from entering federal facilities,
including the possible use of advanced imaging and other
technologies.
Additional changes
S. 772 formally authorizes the Secretary of DHS to collect
fees and security charges on behalf of FPS from agencies for
the costs of providing protective services.\11\ The legislation
also clarifies that FPS may assess security charges to an
agency in order to provide necessary countermeasures to ensure
a facility is in compliance with the federal security standards
S. 772 requires be established.
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\11\The Administrator of the General Services Administration has
broad authority to impose and collect charges for ``space and
services'' under 40 U.S.C. Sec. 586. Section 403(3) of the Homeland
Security Act of 2002 (P.L. 107-296) authorized the transfer of FPS to
the Department of Homeland Security, ``including the functions of the
Administrator of General Services relating thereto.'' This legislation
clarifies that the Secretary of Homeland Security is explicitly
authorized to collect both fees and security charges for the costs of
providing protective services.
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The legislation also codifies the establishment of the
Interagency Security Committee (ISC), which President Clinton
originally created via Executive Order 12977 following the 1995
attack on the Alfred P. Murrah Federal Building in Oklahoma
City.\12\ The ISC was established to develop standards for the
security of all federal facilities nationwide, not just those
protected by FPS. S. 772 codifies the duties and
responsibilities of the ISC. It also requires the establishment
of a new appeals board within the ISC to issue a final
determination when a local Facility Security Committee and a
security provider do not agree on a security level or security
countermeasures recommendation. This will ensure a proper
balance between security and public access when Facility
Security Committees are concerned that the recommendation will
unduly hinder public access to the facility. S. 772 designates
FPS and the judicial branch as voting representatives on the
ISC, which differs from current practice.\13\ As the primary
security agency for most civilian federal facilities, it is
important for FPS to have a voting representative on the ISC,
and since the judicial branch shares responsibility for the
safety of people in courthouses all across the nation it should
have a voting representative as well.
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\12\Tong and Reese p. 2.
\13\According to the ISC staff, there are over 100 senior
executives representing the 51 federal departments and agencies
constituting the ISC. Currently, there are 21 Primary Members with
voting rights, as a result of their enumeration in the Executive Order.
Additional agencies and entities have been permitted to join the ISC
and serve as Associate Members, but they do not possess voting rights.
FPS and a judicial branch representative are currently designated as
Associate Members.
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S. 772 permits the Secretary of DHS to delegate security
responsibilities for particular facilities to agencies other
than FPS. However, it establishes requirements for doing so--
limiting such authorizations to a two-year period, which may be
renewed, and requiring that agencies receiving such delegations
demonstrate security expertise and have law enforcement
authority. The bill preserves existing agreements between FPS
and the Department of Energy (DOE) concerning the protection of
DOE facilities.
To assist the Committee in its oversight efforts, S. 772
requires several reports on workforce composition. These
include a report on workforce needs, another on retention rates
for the contract guard workforce, and a report on the
feasibility of federalizing the contract security guard
workforce.
III. Legislative History
Senators Lieberman, Collins and Akaka introduced S. 772 on
April 8, 2011. The bill was referred to the Senate Committee on
Homeland Security and Governmental Affairs. As introduced, S.
772 was similar to S. 3806, which Senators Lieberman, Collins,
Akaka and Voinovich introduced in the 111th Congress and which
was favorably reported by the Committee at the end of that
Congress. The Committee began consideration of S. 772 at a May
11, 2011 business meeting and continued its consideration of
the bill on May 18, 2011.
On May 11, 2011, the Committee adopted one amendment,
offered by Senators Coburn and McCain. The amendment requires
the Secretary of DHS to offset the hiring of each additional
full-time equivalent employee hired by the Federal Protective
Service with a reduction of a full-time equivalent employment
elsewhere in the Department. The Committee adopted the
amendment by roll call vote of 10-5. Senators Carper, Pryor,
Begich, Collins, Coburn, Brown, Johnson and Portman were
present and voted for the amendment, and Senator Lieberman was
present and voted against the amendment. Senators McCain and
Paul voted for the amendment by proxy. Senators Levin, Akaka,
Landrieu and Tester voted against the amendment by proxy.
On May 11, 2011, the Committee rejected two amendments. One
amendment, offered by Senator Coburn, would have struck the
section of the bill requiring a report on the feasibility of
federalizing the Federal Protective Service contract guard
workforce. That amendment was not adopted, by voice vote.
Senators Lieberman, Carper, Pryor, Begich, Collins, Coburn,
Brown, McCain, and Johnson were present. Another amendment was
offered by Senator McCain, and would have prohibited the
Department of Homeland Security from awarding sole-source
contracts for services over $4 million and for goods over $6.5
million to Alaska Native Corporations, Indian Tribes, or Native
Hawaiian Organizations without written justification. Senator
McCain's amendment was not adopted, by roll call vote of 7-7.
Senators Collins, Coburn, Brown, McCain and Johnson were
present and voted for the amendment, and Senators Lieberman,
Carper, Pryor and Begich were present and voted against the
amendment. Senators Portman and Paul voted for the amendment by
proxy, and Senators Akaka, Landrieu and Tester voted against
the amendment by proxy.
On May 18, 2011, the Committee, by voice vote, voted to
report the bill. Members present for the vote on the bill were
Senators Lieberman, Levin, Akaka, Pryor, Collins, Coburn,
Brown, Johnson, and Moran. Senators Coburn (who was present)
and Paul (by proxy) asked to be recorded as voting against the
bill.
IV. Section-by-Section Analysis
Section 1. Short title
This section states that the short titles of the bill are
the ``Supporting Employee Competency and Updating Readiness
Enhancements for Facilities Act of 2012,'' and the ``SECURE
Facilities Act of 2012.''
Section 2. Definitions
This section defines several terms used in the bill.
Section 3. Federal Protective Service
This section amends the Homeland Security Act of 2002 (P.L.
107-296; 6 U.S.C. Sec. 121 et seq.) by adding new Subtitles E
and F, which authorize the Federal Protective Service, require
the agency to implement program enhancements to improve the
security of federal facilities, and codify the establishment
and authorities of the Interagency Security Committee.
New section 241 of the Homeland Security Act defines
several terms used in Subtitle E.
New section 242 authorizes the establishment of the Federal
Protective Service as an agency within the Department of
Homeland Security, headed by a Director, who is a civil servant
and reports to the Under Secretary of the National Protection
and Programs Directorate. It codifies the agency's mission as
securing federal facilities and safeguarding federal employees,
officials and visitors. This section also outlines the duties
and powers of the Director.
New section 243 requires the Secretary to increase the
number of FTEs the FPS maintains by 146 in FY 2012, for a total
of 1371 FTEs (including no fewer than 950 law enforcement
officers). It states that the FPS may never maintain fewer than
1200 FTEs after FY2012 (including no fewer than 900 law
enforcement officers), and requires the Secretary to submit a
report to Congress in any year in which the FPS proposes
decreasing its full-time equivalent staff from its then-current
amount. As amended in Committee, this provision also states
that the Secretary shall offset the hiring of each additional
full-time equivalent employee hired by the Federal Protective
Service with a reduction of a full-time equivalent employment
elsewhere in the Department.
New section 244 requires the FPS to increase the minimum
training requirements for armed security guards to at least 80
hours, and gradually increase the amount of training the FPS
monitors, from 10 percent in FY2011 to 25 percent by FY2014.
This section also requires the FPS to establish a program to
assess guard training and the security of federal facilities
(including a covert testing program), update the Security Guard
Information Manual and all individual Post Orders, and
establish a database of guard service contracts, which shall
include information relating to contract performance.
New section 245 requires the FPS to increase the number of
certified canine teams by up to 15 teams annually, between FY
2011 and FY2014, and directs the Secretary to use existing
methods of procurement in doing so to the greatest extent
practicable. It also requires the Director to establish minimum
standards for training and performance of any canine units
trained by non-governmental entities.
New section 246 directs the Secretary, in coordination with
the Interagency Security Committee, to develop performance-
based standards for checkpoint detection technology for use at
federal facilities.
New section 247 authorizes the Secretary to collect
security charges from an agency to cover the costs of deploying
security countermeasures which FPS determines are necessary to
ensure compliance with the federal security standards if the
Director has provided sufficient notice to that agency. It also
requires the Secretary submit a report to Congress, in a
classified manner if necessary, on any facility FPS determines
to be in noncompliance with federal security standards.
New section 248 explicitly provides the Secretary with the
authority to collect fees and security charges for protective
services, and it directs the Office of Management and Budget to
adjust fees as necessary to carry out the provisions of this
subtitle.
New section 261, the first section in the new Subtitle F,
indicates that the terms defined in section 241 are also
applicable to subtitle F.
New section 262 codifies the establishment, membership and
authorities of the Interagency Security Committee (ISC). It
makes the Federal Protective Service and a representative of
the Judicial Branch voting members of the Committee, and
establishes an appeals board with authority to reconsider a
security level determination for a federal facility, an FPS
recommendation for countermeasures for a federal facility, or a
determination that a federal facility is in noncompliance with
federal security standards. It also authorizes such sums as
necessary for the operations of the ISC.
New section 263 requires the Secretary, in consultation
with the ISC, to establish a process for an agency to provide
protective services for its facilities, in lieu of the FPS
providing that service. It states that FPS personnel shall
retain the law enforcement authorities they possess at any
facility exempted from FPS protection under this section, so
that they may respond to an incident if necessary. It
establishes certain minimum requirements for the process the
Secretary may use to grant this security waiver authority. It
states that waiver authority shall be provided on a biennial
basis, which may be renewed, and that the Secretary shall
respond to an application within 60 days of its submission. The
section requires the agency seeking this authority to
demonstrate security expertise, possess law enforcement
authority, demonstrate that it has an ability to comply with
the federal security standards established by the ISC, and
submit a cost-benefit analysis demonstrating that the proposed
arrangement would save the government money. It also preserves
the Department of Energy's current authorization for its
headquarters facilities in Washington, DC and Germantown,
Maryland, and allows the Secretary of Homeland Security and the
Secretary of Energy to renegotiate the terms of those
authorizations, without regard for the minimum requirements in
the bill, due to the Energy Department's unique role in
safeguarding nuclear materials.
New section 264 requires the establishment of a Facility
Security Committee (FSC) at each federal facility housing more
than one federal agency. It requires that basic security
training be provided by FPS (or a designated security
organization) to all members on the FSC and that these
Committees meet on a quarterly basis. It also outlines the
FSC's responsibilities and provides the FSC the authority to
appeal certain determinations by the Federal Protective Service
to the ISC appeals board.
Section 4. Federal Protective Service officers off-duty carrying of
firearms
This section provides FPS law enforcement officers with the
authority to carry a weapon during off-duty times, as other
federal law enforcement officers are permitted to do.
Section 5. Civil Service retirement system and Federal employees
retirement system
This section provides federal law enforcement retirement
benefits to all FPS law enforcement officers.
Section 6. Report on Federal Protective Service personnel needs
This section requires the Secretary to provide a report to
Congress on the personnel needs of the FPS for the next ten
years and to include in the report a workforce composition
recommendation.
Section 7. Report on retention rate of Federal Protective Service
contract guard workforce
This section requires the Secretary to report to Congress
on the retention rate of FPS's contract guard workforce and how
that retention rate affects agency operations and the security
of federal facilities.
Section 8. Report on the feasibility of federalizing the Federal
Protective Service contract guard workforce
This section requires the Secretary report to Congress
within one year on the feasibility of converting all or part of
the FPS's contract guard workforce into full-time equivalent
employees, the costs associated with such a conversion, and any
increase in security which could be realized. It requires the
Secretary submit the report for review by a qualified
consultant before giving the report to Congress.
Section 9. Report on agency funding
This section requires the Secretary to report to Congress
on the alternatives for funding the Federal Protective Service,
including the possibility of receiving direct appropriations
for all or part of the agency's budget (currently, FPS receives
all of its funding through security charges and fees assessed
to tenant agencies).
Section 10. Report on preventing explosives from entering federal
facilities
This section requires the Secretary to report to Congress
on the Department's plans to detect or prevent explosives from
entering federal facilities.
Section 11. Savings clause
This section notes that nothing in this Act shall be
construed to affect the authority of the U.S. Marshals Service
to protect federal judicial personnel and courthouses, as
authorized under Section 566 of Title 28, U.S.C., the authority
of any other federal law enforcement agency other than the FPS,
or the authorities of the FPS not specifically enumerated by
this Act.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact. The Committee
agrees with the Congressional Budget Office's statement that
the bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
VI. Estimated Cost of Legislation
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 7, 2011.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 772, the SECURE
Facilities Act of 2011.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Robert A. Sunshine,
(For Douglas W. Elmendorf, Director).
Enclosure.
S. 772--SECURE Facilities Act of 2011
Summary: S. 772 would modify provisions of current law that
govern security at federal facilities as well as activities of
the Federal Protective Service (FPS) and the Interagency
Security Committee (ISC). CBO estimates that implementing S.
772 would cost $176 million over the 2012-2016 period, assuming
appropriation of the necessary funds.
Because CBO estimates that the legislation would increase
revenues by $1 million over the 2012-2021 period, pay-as-you-go
procedures apply. Enacting the bill would not affect direct
spending until after 2021.
S. 772 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 772 is shown in the following table. The
costs of this legislation fall within budget functions 800
(general government), 950 (undistributed offsetting receipts),
and all functions that include government agencies that use the
services of the FPS.
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By fiscal year, in millions of dollars--
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2012 2013 2014 2015 2016 2012-2016
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CHANGES IN SPENDING SUBJECT TO APPROPRIATIONa
Federal Protective Service:
Estimated Authorization Level....................... 33 21 25 29 30 138
Estimated Outlays................................... 33 21 25 29 30 138
FPS Retirement Contributions (Employer Share):b
Estimated Authorization Level....................... 1 2 2 3 3 11
Estimated Outlays................................... 1 2 2 3 3 11
Other Provisions:
Estimated Authorization Level....................... 6 6 5 5 5 27
Estimated Outlays................................... 6 6 5 5 5 27
Total Changes:
Estimated Authorization Level................... 40 29 32 37 38 176
Estimated Outlays............................... 40 29 32 37 38 176
Memorandum:
Intragovernmental Collections from Retirement -1 -2 -2 -3 -3 -11
Contributions (Employer Share)b........................
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Notes: FPS = Federal Protective Service. Amounts may not sum to totals because of rounding.
aCBO estimates that enacting S. 772 would increase revenue collections by less than $500,000 over the 2012-2016
period and by about $1 million over the 2012-2021 period because of increased employee retirement
contributions.
bEmployer contributions are intragovernmental transactions that do not affect the deficit. Thus, the amounts
shown under changes in spending subject to appropriation would be offset by collections, as shown in the
memorandum.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted by the end of 2011, that the
necessary amounts will be appropriated near the start of each
fiscal year, and that spending will follow historical patterns
for similar activities. CBO estimates that implementing S. 772
would have a discretionary cost of $176 million over the 2012-
2016 period. (Assuming the appropriation of the necessary
amounts, intragovernmental collections would rise by $11
million over that period.) Key components of that estimate are
described below.
Federal protective service
The FPS is a federal agency that provides integrated
security and law enforcement services to federally owned and
leased properties. Using a fee-based system to charge federal
agencies for its services, FPS currently employs 1,225 federal
security officers, criminal investigators, police officers, and
support personnel and contracts with 13,000 other guards to
secure approximately 9,000 federal buildings. The bill would
specify staffing levels for law enforcement and administrative
personnel at the FPS in 2012 and establish permanent minimum
staffing levels. In addition, S. 722 would require that any new
hiring be conditioned on reducing an equivalent number of
current employees. Finally, the legislation also would
standardize the oversight and training of FPS's contract guards
and increase the number of canine teams assigned to
infrastructure security.
Based on information from the Department of Homeland
Security (DHS) about the cost of similar efforts by other
agencies, CBO estimates that implementing those provisions
would cost $138 million over the 2012-2016 period. Those
amounts would cover the costs to hire new security personnel
(primarily contractors), purchase security equipment, provide
training for agency staff and contract officers, and oversee
those activities.
FPS retirement contribution
Under S. 772, FPS officers would be considered law
enforcement officers for retirement purposes. That change,
which would apply only to years of service earned after
enactment of S. 772, would provide greater retirement benefits
to eligible employees after 20 years of law enforcement
service. CBO estimates that any increases in federal spending
for retirement benefits (which would be considered direct
spending) would not occur until after 2021. However, in order
to receive the retirement benefit for law enforcement officers,
both FPS and the eligible officers would be required to make
larger contributions toward that benefit during the officers'
employment. As a result, CBO estimates that FPS would be
required to pay an additional $11 million in retirement
contributions over the 2012-2016 period. (Such contributions
are intragovernmental and do not affect the deficit.) CBO
estimates that additional employee contributions (recorded as
revenues in the budget) would total about $1 million through
2021.
Other provisions
Under an existing executive order, the Interagency Security
Committee sets certain parameters related to security for all
federal buildings. The legislation would codify and expand the
committee's size and responsibilities and create an appeals
process for affected agencies. S. 772 also would require DHS to
report to the Congress on the FPS's personnel needs, use of
contract guards, and overall funding requirements. Based on
information from the FPS and the ISC about the cost of similar
activities and reports, CBO estimates that implementing all of
those provisions would cost $5 million to $6 million annually
over the 2012-2016 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. Enacting S. 772 would increase revenues from employee
contributions to retirement accounts by about $1 million
through 2021. The changes in revenues that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 772 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
ON MAY 18, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2011-2016 2011-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 0 0 0 0 0 0 0 0 0 0 0 -1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: S. 772
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Spending: Matthew Pickford
and Amber G. Marcellino; Impact on State, Local, and Tribal
Governments: Melissa Merrell; Impact on the Private Sector:
Paige Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the following changes in existing
law made by the bill, as reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
UNITED STATES CODE
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart B--Employment and Retention
* * * * * * *
CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
* * * * * * *
Subchapter I--Examination, Certification, and Appointment
* * * * * * *
Sec. 3307. Competitive service; maximum-age entrance requirements;
exceptions
(a) * * *
* * * * * * *
(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(38).
* * * * * * *
Subpart G--Insurance and Annuities
* * * * * * *
CHAPTER 83--RETIREMENT
* * * * * * *
Subchapter III--Civil Service Retirement
* * * * * * *
Sec. 8331. Definitions
* * * * * * *
(1) * * *
* * * * * * *
(30) the term ``air traffic controller'' or
``controller'' means--
(A) a controller within the meaning of
section 2109(1); and
(B) a civilian employee of the Department of
Transportation or the Department of Defense who
is the immediate supervisor of a person
described in section 2019(1)(B); [and]
(31) ``customs and border protection officer'' means
an employee in the Department of Homeland Security
(A) who holds a position within the GS-1895
job series (determined applying the criteria in
effect as of September 1, 2007) or any
successor position, and
(B) whose duties include activities relating
to the arrival and departure of persons,
conveyances, and merchandise at ports of entry,
including any such employee who is transferred
directly to a supervisory or administrative
position in the Department of Homeland Security
after performing such duties (as described in
subparagraph (B)) in 1 or more positions (as
described in subparagraph (A)) for at least 3
years[.]; and
(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.
* * * * * * *
Sec. 8334. Deductions, contributions, and deposits
(a) * * *
(1) * * *
(A) The employing agency shall deduct and
withhold from the basic pay of an employee,
Member, Congressional employee, law enforcement
officer, firefighter, bankruptcy judge, judge
of the United States Court of Appeals for the
Armed Forces, United States magistrate, Court
of Federal Claims judge, member of the Capital
Police, member of the Supreme Court Police,
nuclear materials courier, Federal protective
service officer, or customs and border
protections officer, as the case may be, the
percentage of basic pay applicable under
subsection (c).
(B) * * *
* * * * * * *
(c) Each employee of Member credited with civilian service
after July 31, 1920, for which retirement deductions or
deposits have not been made, may deposit with interest an
amount equal to the following percentages of his basic pay
received for that service:
------------------------------------------------------------------------
Percentage
of basic Service period
pay
------------------------------------------------------------------------
Employee........................... 2.5 August 1, 1920 to June
30, 1926.
* * *..............................
Customs and border protection 7.5 After June 29, 2008.
officer.
Federal Protective Service Officer. 7.5 On or after the
effective date under
section 5(e)(1) of
the SECURE Facilities
Act of 2012.
------------------------------------------------------------------------
* * * * * * *
Sec. 8335. Mandatory separation
(a) * * *
(b) * * *
(1) A law enforcement officer, firefighter, nuclear
materials courier, Federal protective service officer,
or customs and border protection officer who is
otherwise eligible for immediate retirement under
section 8336(c) shall be separated from the service on
the last day of the month in which the officer,
firefighter, or courier, as the case may be, becomes 57
years of age or completes 20 years of service if then
over that age. The head of the agency, when in his
judgment the public interest so requires, may exempt
such an employee from automatic separation under this
subsection until that employee becomes 60 years of age.
The employing office shall notify the employee in
writing of the date of separation at least 60 days in
advance thereof. Action to separate the employee is not
effective, without the consent of the employee, until
the last day of the month in which the 60-day notice
expires.
* * * * * * *
Sec. 8336. Immediate retirement
(a) * * *
* * * * * * *
(c) * * *
(1) An employee who is separated from the service
after becoming 50 years of age and completing 20 years
of service as a law enforcement officer, firefighter,
nuclear materials courier, Federal protective service
officer, or customs and border protection officer, or
any combination of such service totaling at least 20
years, is entitled to an annuity.
(2) * * *
* * * * * * *
(m) A member of the Capitol Police who is separated from
the service after becoming 50 years of age and completing 20
years of service as a member of the Capitol Police as a law
enforcement officer, as a Federal protective service officer,
or as a customs and border protection officer, or any
combination of such service totaling at least 20 years, is
entitled to an annuity.
(n) A member of the Supreme Court Police who is separated
from the service after becoming 50 years of age and completing
20 years of service as a member of the Supreme Court Police as
a law enforcement officer, as a Federal protective service
officer, or as a customs and border protection officer, or any
combination of such service totaling at least 20 years, is
entitled to an annuity.
* * * * * * *
CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
* * * * * * *
Subchapter I--General Provisions
* * * * * * *
Sec. 8401. Definitions
(1) * * *
* * * * * * *
(36) the term ``customs and border protection
officer'' means an employee in the Department of
Homeland Security
(A) who holds a position within the GS-1895
job series (determined applying the criteria in
effect as of September 1, 2007) or any
successor position, and
(B) whose duties include activities relating
to the arrival and departure of persons,
conveyances, and merchandise at ports of entry,
including any such employee who is transferred
directly to a supervisory or administrative
position in the Department of Homeland Security
after performing such duties (as described in
subparagraph (B)) in 1 or more positions (as
described in subparagraph (A)) for at least 3
years; [and]
(37) the term ``revised annuity employee'' means any
individual who--
(A) on December 31, 2012--
(i) is not an employee or Member
covered under this chapter;
(ii) is not performing civilian
service which is creditable service
under section 8411; and
(iii) has less than 5 years of
creditable civilian service under
section 8411; and
(B) after December 31, 2012, becomes employed
as an employee or becomes a Member covered
under this chapter performing service which is
creditable service under section 8411[.]; and
(38) `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.
* * * * * * *
Subchapter II--Basic Annuity
* * * * * * *
Sec. 8412. Immediate Retirement
(a) * * *
* * * * * * *
(d) An employee who is separated from the service, except
by removal for cause on charges of misconduct or delinquency--
(1) after completing 25 years of service as a law
enforcement officer, member of the Capitol Police or
Supreme Court Police, firefighter, nuclear materials
courier, Federal protective service officer, or customs
and border protection officer, or any combination of
such service totaling at least 25 years, or
(2) after becoming 50 years of age and completing 20
years of service as a law enforcement officer, member
of the Capitol Police or Supreme Court Police,
firefighter, nuclear materials courier, Federal
protective service officer, or customs and border
protection officer, or any combination of such service
totaling at least 20 years,
* * * * * * *
Sec. 8415. Computation of basic annuity
(a) * * *
* * * * * * *
(i) * * *
(1) * * *
(2) This subsection applies in the case of an
employee who--
(A) retires entitles to an annuity under
section 8412; and
(B) at the time of the separation on which
entitlement to the annuity is based, is at
least 62 years of age and has completed at
least 20 years of service; but does not apply
in the case of a Congressional employee,
military technician (dual status), law
enforcement officer, member of the Supreme
Court Police, firefighter, nuclear materials
courier, air traffic controller, Federal
protective service officer, or customs and
border protection officer
* * * * * * *
Sec. 8422. Deductions from pay; contributions for other service;
deposits
(a) * * *
(1) * * *
* * * * * * *
(3) * * *
(A) The applicable percentage under this
paragraph for civilian service by employees of
Members other than revised annuity employees
shall be as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Employee........................... 7 January 2, 1987, to
December 31, 1998
* * *
Customs and border protection 7.5 After June 29, 2008.''
officer.
Federal protective service officer. 7.5 On or after the
effective date under
section 5(e)(1) of
the SECURE Facilities
Act of 2012.''
------------------------------------------------------------------------
(B) The applicable percentage under this
paragraph for civilian service by revised
annuity employees shall be as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Employee........................... 9.3 After December 31,
2012.
* * *
Customs and border protection 9.8 After December 31,
officer. 2012.
Federal protective service officer. 9.8 On or after the
effective date under
section 5(e)(1) of
the SECURE Facilities
Act of 2012.
------------------------------------------------------------------------
* * * * * * *
Sec. 8423. Government contributions
(a) * * *
(1) * * *
(A) * * *
(B) the product of--
(i) the normal-cost percentage, as
determined for Member, Congressional
employees, law enforcement officers,
members of the Supreme Court Police,
firefighters, nuclear materials
couriers, Federal protective service
officers, customs and border protection
officers, air traffic controllers,
military reserve technicians, and
employees under section 302 and 303 of
the Central Intelligence Agency
Retirement Act, multiplied by
(ii) * * *
(3) Contributions under this subsection shall be
paid--
(A) in the case of law enforcement officers,
members of the Supreme Court Police,
firefighters, nuclear materials couriers,
Federal protective service officer, customs and
border protection officers, air traffic
controllers, military reserve technicians, and
other employees, from the appropriation or fund
used to pay such law enforcement officers,
members of the Supreme Court Police,
firefighters, nuclear materials couriers,
Federal protective service officers, customs
and border protection officers, air traffic
controllers, military reserve technicians, or
other employees, respectively;
* * * * * * *
Sec. 8425. Mandatory separation
(a) * * *
(b) * * *
(1) A law enforcement officer, firefighter, nuclear
materials courier, Federal protective service officer,
or customs and border protection officer who is
otherwise eligible for immediate retirement under
section 8412(d) shall be separated from the service on
the last day of the month in which that law enforcement
officer, firefighter, nuclear materials courier,
Federal protective service officer, or customs and
border protection officer as the case may be, becomes
57 years of age or completes 20 years of service if
then over that age. If the head of the agency judges
that the public interest so requires, that agency head
may exempt such an employee from automatic separation
under this subsection until that employee becomes 60
years of age. The employing office shall notify the
employee in writing of the date of separation at least
60 days before that date. Action to separate the
employee is not effective, without the consent of the
employee, until the last day of the month in which the
60-day notice expires.
* * * * * * *
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
* * * * * * *
CHAPTER 44--FIREARMS
* * * * * * *
Sec. 926B. Carrying of concealed firearms by qualified law enforcement
officers
(a) * * *
* * * * * * *
(f) For the purposes of this section, a law enforcement
officer of the Amtrak Police Department, a law enforcement
officer of the Federal Reserve, a law enforcement officer of
the Federal Protective Service, or a law enforcement or police
officer of the executive branch of the Federal Government
qualifies as an employee of a governmental agency who is
authorized by law to engage in or supervise the prevention,
detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law, and has
statutory powers of arrest.
* * * * * * *
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
* * * * * * *
Subtitle I--Federal Property and Administrative Services
* * * * * * *
CHAPTER 13--PUBLIC PROPERTY
* * * * * * *
Sec. 1315. Law enforcement authority of Secretary of Homeland Security
for protection of public property
(a) * * *
(b) Officers and Agents.--
(1) * * *
(2) Powers.--[While engaged in the performance of
official duties, an] An officer or agent designated
under this subsection may--
(A) * * *
(B) [carry firearms;] carry firearms on or
off duty;
* * * * * * *