[Pages S7207-S7217]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Ms. MURKOWSKI:
S. 3802. A bill to designate a mountain and icefield in the State of
Alaska as the ``Mount Stevens'' and ``Ted Stevens Icefield'',
respectively; to the Committee on Energy and Natural Resources.
Ms. MURKOWSKI. Mr. President, I rise today to introduce legislation
that is very near to my heart, a bill to provide a lasting permanent
tribute to former Alaska U.S. Senator Ted Stevens, who died Aug. 9th in
a plane crash in southwest Alaska during a fishing trip. The bill
actually calls for creation of two permanent tributes to the Senator,
the naming of Alaska's currently highest unnamed mountain peak in honor
of the Senator, calling the 13,895-foot peak in southern Denali
National Park, Mount Stevens, and the naming of part of the State's
largest ice field in the Chugach Mountains as the Ted Stevens Icefield.
Ted Stevens, a colleague of most of us in this body, and a lawmaker
that I interned for more than 30 years ago, truly was Alaska. He was
the State's senator for all but 11 years of its current existence as a
State. During his more than 40 years in the Senate he played a
significant role in the transformation of Alaska from an impoverished
territory to a full-fledged State. Senator Stevens, a pilot during
World War II, came to Alaska as a U.S. Attorney in the then territory
of Alaska in 1956. He later served in the Eisenhower Administration
where he was a leading force in writing the legislation that led to the
admission of Alaska as the 49th State in the Union on Jan. 3, 1959.
In 1961, he moved back from Washington, D.C. to Alaska where he was
elected to the Alaska House of Representatives just after the state's
great earthquake in 1964. He was subsequently elected as Speaker pro
tempore and majority leader until his appointment to the U.S. Senate on
Christmas Eve of 1968 upon the death of one of the State's two original
senators, E.L. ``Bob'' Bartlett. He was elected in his own right 7
times over the next 40 years, becoming the longest-serving Republican
Senator in U.S. history. Stevens was third in line for the Presidency
from 2003 through 2007.
While he is remembered by all in Alaska for his tireless efforts to
win Federal support to develop the young State's largely 19th Century
frontier infrastructure, he did so much more for all Alaskans. He
worked tirelessly to enact the Alaska Native Claims Settlement Act that
settled aboriginal land claims and gave Alaska Natives the right to
select about 44 million acres of Alaska's 365-million acres to protect
their long-term economic, cultural and political future.
Ted helped the State develop an economy by authoring the Trans-Alaska
Pipeline Authorization Act, which permitted oil to flow to market from
the State's North Slope. He authored the Magnuson-Stevens Fishery
Conservation and Management Act and the High Seas Driftnet Fisheries
Enforcement Act that ended the foreign domination of fishing fleets in
Alaskan and American waters, allowing the State's commercial fishing
industry to rebound. He was a leader in telecommunication policies,
leading efforts to pass the Telecommunications Act of 1996 that paved
the way to an era of digital television and communications in this
country and also launched telemedicine and distance learning. And he
attempted to make the Alaska National Interest Lands Conservation Act
as workable as possible for the State, while protecting more than 100
million acres of Alaska in parks and refuges--the largest single
conservation bill in the Nation's history.
Ted was a committed sportsman, who loved outdoor pursuits such as
fishing and hunting, and also amateur sports, authoring the Ted Stevens
Amateur and Olympic Sports Act, Title IX amendments to encourage
women's sports, and the Carol M. White Physical Education Program that
did so much to improve physical education in schools and colleges
nationwide. He also became a true expert on defense issues, providing
unconditional support to the Armed Forces of the United States in his
role as chairman and ranking member of the Subcommittee on Defense
Appropriations for more than two decades.
Ted Stevens truly was a mountain of a man in policy development for
the State of Alaska and thus it is a pleasure to seek to name both a
mountain and an ice field in his honor. The peak proposed for naming is
the peak referred to as South Hunter peak in the climbing community. It
is located on the southern side of Denali National Park. At 13,895 feet
it is the largest peak still unnamed in the State and also a peak
visible on a clear day from the Parks Highway, the main north-south
road for travelers between Fairbanks and Anchorage, two cities in
Alaska that Ted is most associated with helping develop.
The ice field in the uplands of the Chugach Mountains is the base for
the Harvard, Yale, Columbia, Matanuska, Nelchina, Tazlina, Valdez and
Shoup Glaciers--the Harvard being particularly appropriate to be
associated with a man who graduated from Harvard Law School in 1950.
The entire Chugach Icefield, at 8,340 square miles, the largest in
Alaska, will provide a fitting tribute for a senator whose breadth of
knowledge covered all of Alaska's 586,000 square miles and whose love
of the State and its residents was even larger.
This bill follows proper procedure by directing the U.S. Geographical
Place Names Board to name the peak and ice field for the State's former
senior senator, it not being done directly by Congress. But to
guarantee timely action, it requires the board to act within 30 days of
the bill's enactment.
While there are a number of facilities in Alaska that bear the name
of Senator Stevens, this bill will guarantee that future generations of
Alaskans will remember him when they engage in the outdoor pursuits
that all Alaskans love, from mountain climbing to fishing in the waters
of Prince William Sound and the rivers of South central Alaska, all
fueled by the meltwater from the huge ice field that dominates the
South central landscape.
This is a fitting tribute for a mentor and friend, to whom Alaskans
owe so much. I hope for quick passage of this act by this Congress to
provide another lasting legacy for Senator Ted Stevens.
______

By Mr. LEAHY (for himself, Mr. Hatch, Ms. Klobuchar, Mr.
Whitehouse, Mr. Schumer, Mr. Kohl, Mr. Specter, Mr. Durbin, Mr.
Bayh, Mr. Voinovich, and Mrs. Feinstein):
S. 3804. A bill to combat online infringement, and for other
purposes; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, few things are more important to the future
of the American economy and job creation than protecting our
intellectual property. The Chamber of Commerce estimates that American
intellectual property accounts for more than $5 trillion of the
country's gross domestic product, and IP-intensive industries employ
more than 18 million workers. Each year, online piracy and the sale of
counterfeit goods cost American businesses billions of dollars, and
result in hundreds of thousands of lost jobs. Studies recently cited by
the AFL-CIO estimate that digital theft of movies and music alone costs
more than 200,000 jobs. This is unacceptable in any economic climate.
It is devastating today.
The severity of the problem continues to increase and businesses of
all types and sizes--and their employees--are the victims. In Vermont,
companies like Burton Snowboards and the Vermont Teddy Bear Company are
well recognized brands that depend on the enforcement of our
intellectual property laws to keep their businesses thriving.
The growth of the digital marketplace is extraordinary and it gives
creators and producers new opportunities to reach consumers. But it
also brings with it the perils of piracy and counterfeiting. The
increased usage and accessibility of the Internet has transformed it
into the new Main Street. Internet purchases have become so commonplace
that consumers are less wary of online shopping and therefore more
easily victimized by online products that may have health, safety or
other quality concerns when they are counterfeit.
Today, I am introducing the bipartisan Combating Online Infringement
and Counterfeits Act, which will provide the Justice Department with an
important tool to crack down on Web sites dedicated to online
infringement.

[[Page S7208]]

This legislation will protect the investment American companies make in
developing brands and creating content and will protect the jobs
associated with those investments. Protecting intellectual property is
not uniquely a Democratic or Republican priority--it is a bipartisan
priority.
The Justice Department is currently limited in the remedies available
to prevent Web sites dedicated to offering infringing content. These
Web sites are often based overseas yet target American consumers.
American consumers are too often deceived into thinking the products
they are purchasing are legitimate because the Web sites reside at
familiar-sounding domain names and are complete with corporate
advertising, credit card acceptance, and advertising links that make
them appear legitimate.
The Combating Online Infringement and Counterfeits Act will give the
Department of Justice an expedited process for cracking down on these
rogue Web sites, regardless of whether the Web site's owner is located
inside or outside of the United States. This legislation authorizes the
Justice Department to file an in rem civil action against the domain
name, and to seek an order from the court that the domain name is used
to access a Web site that is dedicated to infringing activities. Once
the court issues an order against the domain name, the Attorney General
would have the authority to serve the domain name's U.S. based registry
or registrar with that order, which would then be required to suspend
the infringing domain name.
Where the registry or registrar is not located in the United States,
the Act would provide the Attorney General the authority to serve the
order on other specified third parties at its discretion, including
Internet service providers, payment processors, and online ad network
providers. These third parties, which are critical to the financial
viability of the infringing Web site's business, would then be required
to stop doing business with that Web site by, for example, blocking
online access to the rogue site or not processing the Web site's
purchases.
This legislation will provide the Department of Justice with an
important tool to protect American consumers, American businesses, and
American jobs. We should not expect that enactment of the legislation
will completely solve the problem of online infringement, but it will
make it more difficult for foreign entities to profit off American hard
work and ingenuity. This bill targets the most egregious actors, and is
an important first step to putting a stop to online piracy and sale of
counterfeit goods.
I look forward to working with all Senators to pass this important,
bipartisan legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 3804

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Combating Online
Infringement and Counterfeits Act''.

SEC. 2. INTERNET SITES DEDICATED TO INFRINGING ACTIVITIES.

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

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

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

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

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

[[Page S7209]]

steps that will prevent a domain name from resolving to that
domain name's Internet protocol address;
``(ii) a financial transaction provider, as that term is
defined in section 5362(4) of title 31, United States Code,
shall take reasonable measures, as expeditiously as
practical, to prevent--

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

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

by providing the court with clear indicia of joint control,
ownership, or operation of the Internet site associated with
the domain name subject to the order and the Internet site
associated with the requested modification; and
``(B) a defendant or owner or operator of a domain name
subject to the order, or any party required to take action
based on the order, may petition the court to modify,
suspend, or vacate the order, based on evidence that--
``(i) the Internet site associated with the domain name
subject to the order is no longer dedicated to infringing
activities; or
``(ii) the interests of justice require that the order be
modified, suspended, or vacated.
``(2) Dismissal of order.--A court order constituting
injunctive relief under this section issued against a domain
name used by an Internet site dedicated to infringing
activities shall automatically cease to have any force or
effect upon expiration of the registration of the domain
name. It shall be the responsibility of the domain name
registrar to notify the court of such expiration.
``(i) Savings Clause.--Nothing in this section shall be
construed to limit civil or criminal remedies available to
any person (including the United States) for infringing
activities on the Internet pursuant to any other Federal or
State law.
``(j) Internet Sites Alleged by the Department of Justice
to Be Dedicated to Infringing Activities.--
``(1) In general.--The Attorney General shall maintain a
public listing of domain names that, upon information and
reasonable belief, the Department of Justice determines are
dedicated to infringing activities but for which the Attorney
General has not filed an action under this section.
``(2) Protection for undertaking corrective measures.--If
an entity described under subsection (e) takes any action
specified in such subsection with respect to a domain name
that appears on the list established under paragraph (1),
then such entity shall receive the immunity protections
described under subsection (e)(3).
``(3) Removal from list.--The Attorney General shall
establish and publish procedures for the owner or operator of
a domain name appearing on the list established under
paragraph (1) to petition the Attorney General to remove such
domain name from the list based on any of the factors
described under subsection (h)(1)(B).
``(4) Judicial review.--
``(A) In general.--After the Attorney General makes a final
determination on a petition to remove a domain name appearing
on the list established under paragraph (1) filed by an
individual pursuant to the procedures referred to in
paragraph (3), the individual may obtain judicial review of
such determination in a civil action commenced not later than
90 days after notice of such decision, or such further time
as the Attorney General may allow.
``(B) Jurisdiction.--A civil action for such judicial
review shall be brought in the district court of the United
States for the judicial district in which the plaintiff
resides, or has a principal place of business, or, if the
plaintiff does not reside or have a principal place of
business within any such judicial district, in the District
Court of the United States for the District of Columbia.
``(C) Answer.--As part of the Attorney General's answer to
a complaint for such judicial review, the Attorney General
shall file a certified copy of the administrative record
compiled pursuant to the petition to remove, including the
evidence upon which the findings and decision complained of
are based.
``(D) Judgment.--The court shall have power to enter, upon
the pleadings and transcript of the record, a judgment
affirming or reversing the result of the Attorney General's
determination on the petition to remove, with or without
remanding the cause for a rehearing.''.

SEC. 3. REQUIRED ACTIONS BY THE ATTORNEY GENERAL.

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

Mr. HATCH. Mr. President, I rise to express my support for S. 3804,
the Combating Online Infringement and Counterfeits Act, as introduced
by Senator Patrick Leahy of Vermont. Over the years, Senator Leahy and
I have tackled some of the most complex issues related to intellectual
property enforcement. With the introduction of today's bill, we narrow
our focus on the pervasive practice of online piracy and
counterfeiting.
In our global economy the Internet has become the glue of
international commerce--connecting consumers with a wide-array of
products and services worldwide. But it has also become a tool for
online thieves to sell counterfeit and pirated goods. These online
thieves are making hundreds of millions of dollars by luring consumers
to what appear to be legitimate websites, where unauthorized downloads,
streaming or downloaded copyrighted content and counterfeit goods are
sold. Not only do these websites facilitate massive theft of American
IP, but they undermine legitimate commerce.
We cannot afford to not act, especially when, by some estimates, IP
accounts for a third of the market value of all U.S. stocks--
approximately five trillion dollars or more. That accounts for more
than 40 percent of the U.S. gross domestic product, and is greater than
the entire GDP of any other nation in the world.
Utah is considered a very popular state for film and television
production activity. Nothing compares to the red rock of Southern Utah
or the sweeping grandeur of the Wasatch Mountains. Not to mention
Utah's workforce is one of the most highly educated and hardworking
around. It is estimated that the motion picture and television
industries are responsible for over 6,930 direct jobs and $180.8
million in wages in Utah. That is why we must combat online piracy and
counterfeiting, for they threaten the vitality of the U.S. economy and
its workforce.
Just recently the Congressional International Anti-Piracy Caucus, on
which I serve as cochairman, introduced the 2010 International Piracy
Watch List, a report of those nations where copyright piracy has
reached alarming levels. For the first time the Caucus also highlighted
the problem of websites that provide unauthorized access to copyrighted
works made by U.S. creators. The websites singled out were China's
Baidu, Canada's isoHunt, Ukraine's MP3fiesta, Sweden's Pirate Bay,
Germany's Rapidshare and Luxembourg's RMX4U. This is a sobering
reminder of just how organized and sophisticated these websites have
become in perpetrating online criminal activity.

[[Page S7210]]

There is no quick fix to this problem, unfortunately. But one thing
is for certain: doing nothing is not an option. We must explore ways,
albeit in incremental steps, to take down offending websites. For this
reason, I believe the Combating Online Infringement and Counterfeits
Act is a critical step forward in our ongoing fight against online
piracy and counterfeiting.
If enacted, the Combating Online Infringement and Counterfeits Act
would provide the Department of Justice, DOJ, an expedited process for
cracking down on websites that traffic in pirated goods or services.
The bill would also authorize the DOJ to file an in rem civil action
against a domain name, and seek a preliminary order from the court that
the domain name is being used to sell infringing material.
If this legislation is enacted, the DOJ will be required to publish
notice of the action promptly after filing, and it would have to
demonstrate that the owners of the site engaged in substantial and
repeated online piracy or counterfeiting. The bill also includes
substantial safeguards to prevent abuse by the DOJ. For example, a
Federal court would have the final say as to whether a particular site
would be cut off from supportive services. In addition, the bill would
allow owners or site operators to petition the court to lift the order.
I am pleased with the progress that we have made so far on this bill
and look forward to working with my colleagues on further refinements
as it moves through the legislative process. We must take steps to
combat those websites that are profiting from stolen American
intellectual property.
______

By Mr. BINGAMAN (for himself, Mr. Udall of New Mexico, Mr.
Schumer, and Mr. Bennet):
S. 3805. A bill to authorize the Attorney General to award grants for
States to implement minimum and enhanced DNA collection processes; to
the Committee on the Judiciary.
Mr. BINGAMAN. Mr. President, I rise today to introduce the Katie
Sepich Enhanced DNA Collection Act of 2010. I am pleased that Senators
Udall of New Mexico, Schumer, and Bennet of Colorado, are joining me
today in sponsoring this important piece of legislation.
Similar legislation, which was championed in the House of
Representatives by Congressman Teague, overwhelmingly passed that body
with a bipartisan vote of 357 to 32. The bill is named after Katie
Sepich, a promising graduate student attending New Mexico State
University who was tragically murdered in 2003.
The man who killed Katie was arrested for aggravated assault about
three months after the murder. Although police had collected the
killer's DNA from the crime scene, because there was no requirement
that DNA be taken from individuals arrested for serious felonies,
police weren't able to get a match until about three years after the
murder when the man was sent to prison after being convicted of
unrelated crimes.
If New Mexico had the arrestee law then that it has today it would
have taken three months, not three years, to solve the crime. Katie's
mother, Jayann, has worked tirelessly at the state and Federal level to
give law enforcement the tools they need to promptly solve crimes and
ensure that other mothers don't have to suffer the same horrible ordeal
that her family has. I commend Congressman Teague for taking up this
cause in the House, and I look forward to helping with this effort in
the Senate.
We can't get Katie back, or the other lives that have been lost to
these senseless crimes, but we can do something to help solve cases and
prevent similar crimes from occurring in the future. One such step is
to enhance the capacity of states to collect the DNA of individuals
arrested for certain felony crimes, which would substantially increase
the ability of law enforcement to match DNA found at crimes scenes with
that of suspects and individuals who have been previously arrested,
charged, or convicted of crimes.
The Federal Government and about half the states, including New
Mexico, currently collect arrestee DNA for serious offenses. This has
proven to be a very effective tool in solving cases, and it makes sense
to incentivize states to continue and to expand this effort. Since New
Mexico implemented ``Katie's Law'' in 2007, there have been about 100
matches of arrestees. It is also important to note that DNA collection
has not only demonstrated its effectiveness in terms of saving lives
and preventing crimes, but it has also proved to be an important means
of ensuring that innocent individuals are not mistakenly jailed for
crimes they did not commit.
Let me take a moment to specifically describe what this legislation
would, and would not, do. First, this legislation is aimed at creating
an incentive for states to enact arrestee DNA collection programs. It
is not a mandate. States that meet minimum collection guidelines could
apply for DOJ grant assistance in covering the first-year costs that
they have incurred or will incur in implementing the standards. If they
enact laws in accordance with the enhanced guidelines, States would be
eligible for an additional bonus payment.
Second, the bill encourages DNA testing for serious felonies, such as
murder, sex crimes, aggravated assault, and burglary. It is narrowly
tailored to apply to the most serious crimes. Third, the legislation
provides that all of the expungement provisions under federal law are
applicable. Arrestees who have their DNA included in the federal
database may have their records expunged if their conviction is
overturned, they are acquitted, or charges are dismissed or not filed
within the applicable time period. Furthermore, the bill provides that
as a condition of receiving a grant states must notify individuals who
submit samples of the relevant expungement procedures and post the
information on a public Web site.
Lastly, I would like to address the concerns some have raised about
the constitutionality of collecting arrestee DNA. Although courts have
upheld the collection of arrestee DNA, I recognize that the question of
whether the collection of a DNA sample from an arrestee is consistent
with the Fourth Amendment isn't a completely settled question of law.
Some courts have viewed the collection as something akin to
fingerprinting and other courts have viewed it as a more intrusive
search, such as the taking of a blood sample. However, the Department
of Justice has stated that it believes that this legislation is
constitutional and is supportive of encouraging states to pass DNA
arrestee laws. I believe that such programs, with appropriate
safeguards in place, have demonstrated that they can be a very
effective mechanism to save lives, solve crimes, and prevent wrongful
convictions.
For these reasons, I urge my colleagues to support this important
legislation.
______

By Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, and Mr.
Voinovich):
S. 3806. A bill to protect Federal employees and visitors, improve
the security of Federal facilities and authorize and modernize the
Federal Protective Service; to the Committee on Homeland Security and
Governmental Affairs.
Mr. LIEBERMAN. Mr. President, I am pleased to join with Senators
Collins, Akaka, and Voinovich today to introduce the bipartisan SECURE
Facilities Act of 2010--legislation that would modernize and reform an
important but often overlooked agency within the Department of Homeland
Security, DHS: the Federal Protective Service, FPS.
FPS--with just 1,200 full time employees and approximately 15,000
contract guards--is responsible for security at 9,000 Federal buildings
across the land. That mission, unfortunately, is in grave peril--due to
severe budget shortfalls, mismanagement, and multiple operational
challenges. That is why we are introducing legislation today to reform
the agency, provide it with adequate resources, strengthen its
management capabilities, and help it function at a higher level so it
can protect visitors and employees at Federal buildings across this
country more effectively.
Let me provide some background. When FPS was folded into DHS in 2003,
it lost access to supplemental funding from its previous parent
agency--the General Services Administration. FPS immediately ran into
trouble. It had

[[Page S7211]]

difficulty paying its bills, budget cuts hurt employee training and
other important functions, and personnel cuts negatively affected the
agency's performance. All this occurred even as the agency was given
more responsibilities, and the Administration was trying to downsize
the FPS workforce by one-third.
To assist us in our oversight of the agency, Senators Collins, Akaka,
Voinovich, and I asked the Government Accountability Office, GAO, in
February 2007 to initiate a comprehensive review of the FPS. GAO
reported to Congress 8 times between 2004 and 2010 on the financial and
management challenges at FPS, and made 32 recommendations for
improvement, some of which FPS adopted.
What did GAO find? Unfortunately, it found a seriously dysfunctional
agency that lacked much, if any, focus or strategy for accomplishing
its mission--where guards were caught sleeping on the job, and GAO
investigators were able to successfully smuggle bomb-making ingredients
past security to build an explosive device in a restroom and then
stroll around the building undetected. GAO's review concluded that
contract guards lacked adequate training, FPS personnel suffered from
low morale, oversight of the contract guards was poor, and that many of
the standards that guide Federal building security and guard behavior
are outdated.
The SECURE Facilities Act of 2010 addresses these shortcomings and
incorporates recommendations from GAO. For the first time, we would
formally authorize the Federal Protective Service and the interagency
government body responsible for establishing security standards for all
Federal facilities, the Interagency Security Committee. Our legislation
also addresses four major challenges.
First, the bill ensures that FPS has sufficient personnel to carry
out its mission. Though the agency has assumed increased
responsibilities since it joined DHS, it has done so with fewer
personnel.
Second, our legislation tackles deficiencies within the contract
guard program. FPS contract guards are the first line of defense at
Federal facilities, so we must ensure they are held to a high standard
and are prepared and equipped to face the many different kinds of
threats Federal buildings are vulnerable to.
Third, the bill ensures the FPS is focused and prepared to address
the threat of explosives. The 1995 bombing of the Alfred P. Murrah
Federal Building in Oklahoma City drew our attention to this threat,
but FPS has been slow to deploy sufficient countermeasures to detect
and deter this type of attack.

Fourth, our bill is mindful of the delicate balance between public
access and security. We have worked to ensure that the emphasis on
securing Federal facilities remains on security but we also support
avenues of appeal if a building tenant believes a security
countermeasure unduly hinders public access. If the Federal Protective
Service is to be held accountable--by Congress, the administration, and
the American people--it should no longer be forced to defend Federal
agencies that choose to implement less costly and potentially less
effective security countermeasures for buildings.
Our bill would provide additional funding for the agency by directing
OMB to adjust the building security fees paid by other agencies to
ensure adequate funding for FPS. We would provide sufficient resources
so that FPS can hire 500 full time employees over the next 4 years. We
would also ensure that FPS never employs fewer than 1,200 full time
employees at any point--a conservative number that may well require an
increase over time.
While many of those additional 500 new employees will be law
enforcement officers, the legislation also provides FPS with the
flexibility to hire additional administrative and support personnel,
allowing it to improve its overall management, strengthen its oversight
of contract guards, monitor contractor performance, and share contract
assessments throughout the agency. The legislation also provides
Federal law enforcement retirement benefits to FPS officers, to help
the agency recruit and retain quality personnel.
The bill further would require the FPS to maintain overt and covert
testing programs to assess the training of guards, the security of
Federal facilities, and to establish procedures for retraining or
terminating ineffective guards. The bill ensures the basic documents
outlining a security guard's general and specific responsibilities, the
Security Guard Information Manual, and their post orders, are up to
date and periodically reviewed.
We would require DHS to establish performance-based standards for
checkpoint detection technologies for explosives and other threats at
Federal facilities. It would allow FPS officers to carry firearms off
duty, as most other Federal law enforcement officers can, allowing them
to respond to incidents more quickly. Finally, the bill includes
several reporting requirements, including one on agency personnel
needs, one on retention rates of contract guards, and another looking
at the feasibility of federalizing the contract guard workforce.
We are deeply indebted to the excellent work of GAO which we
highlighted in a July 8, 2009, Homeland Security and Governmental
Affairs Committee hearing. At the hearing, GAO unveiled the results of
its year-long investigation conducted at the Committee's request. GAO
visited 6 of 11 FPS regions throughout the country and observed the
guard inspection process; interviewed regional managers, inspectors,
guards and contract guard managers; met with representatives from
security guard companies; analyzed guard contract requirements, guard
training and certification requirements, and guard instruction
documents.
GAO found that the security provided at Federal buildings by FPS
personnel and contract security guards fell well short of what we
expect of them. Some guards lacked basic security or x-ray machine
training. The FPS was hard pressed to identify which guards were
qualified or effective, leading to several embarrassing incidents. One
guard used a government computer to run an adult website during his
shift, while another inattentive guard allowed a baby in a carrier to
pass through an X-ray machine. A third guard was photographed asleep at
his station.
GAO's special investigations unit conducted its own covert tests at
ten high security Federal facilities in several different cities. Using
readily available components to make a liquid-based improvised
explosive device, they smuggled the components through security,
manufactured a bomb in a public restroom, and then moved throughout the
Federal building undetected. Some of the buildings tested by GAO
investigators house district offices for our colleagues right here in
the House and Senate. I note, however, that while the components were
real, the actual explosive liquids were diluted to ensure the bomb was
not functional.
Based on the Committee's and GAO's oversight work over the past
several years, it is clear that Congress must move quickly to address
the remaining security vulnerabilities associated with our Federal
buildings.
I am confident that this comprehensive, bipartisan legislation will
foster meaningful reform, modernize the Federal Protective Service, and
improve the security of our Federal facilities across the country. I
urge my colleagues to support the bill and I thank Senator Collins,
Senator Akaka, Senator Voinovich and their hardworking staffs for all
that they have done on this issue so we could introduce this bill
today.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 3806

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

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Appropriations of the Senate;

[[Page S7212]]

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

SEC. 3. FEDERAL PROTECTIVE SERVICE.

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

``Subtitle E--Federal Protective Service

``SEC. 241. DEFINITIONS.

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

``SEC. 242. ESTABLISHMENT.

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

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

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

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

``(a) Armed Guard Training Requirements.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of the Supporting Employee Competency and
Updating Readiness Enhancements for Facilities Act of 2010,
the Director shall establish minimum training requirements
for all armed guards procured by the Federal Protective
Service.
``(2) Requirements.--Training requirements under this
subsection shall include--
``(A) at least 80 hours of instruction before a guard may
be deployed, and at least 16 hours of recurrent training on
an annual basis thereafter; and
``(B) Federal Protective Service monitoring or provision of
the initial training of armed guards procured by the Federal
Protective Service of --
``(i) at least 10 percent of the hours of required
instruction in fiscal year 2011;

[[Page S7213]]

``(ii) at least 15 percent of the hours of required
instruction in fiscal year 2012;
``(iii) at least 20 percent of the hours of required
instruction in fiscal year 2013; and
``(iv) at least 25 percent of the hours of required
instruction in fiscal year 2014 and each fiscal year
thereafter.
``(b) Training and Security Assessment Program.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Supporting Employee Competency and
Updating Readiness Enhancements for Facilities Act of 2010,
the Director shall establish a program to periodically
assess--
``(A) the training of guards procured by the Federal
Protective Service for the protection of Federal facilities;
and
``(B) the security of Federal facilities.
``(2) Program.--The program under this subsection shall
include an assessment of--
``(A) methods to test the training and certifications of
guards;
``(B) a remedial training program for guards;
``(C) procedures for taking personnel actions, including
processes for removing individuals who fail to conform to the
training or performance requirements of the contract; and
``(D) an overt and covert testing program for the purposes
of assessing guard performance and other facility security
countermeasures.
``(3) Reports.--The Director shall annually submit a report
to the appropriate congressional committees, in a classified
manner, if necessary, on the results of the assessment of the
overt and covert testing program of the Federal Protective
Service.
``(c) Revision of Guard Manual and Post Orders.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Supporting Employee Competency and
Updating Readiness Enhancements for Facilities Act of 2010,
the Director shall--
``(A) update the Security Guard Information Manual and post
orders for each guard post overseen by the Federal Protective
Service; or
``(B) certify to the Secretary that the Security Guard
Information Manual and post orders described under
subparagraph (A) have been updated during the 1-year period
preceding the date of enactment of the Supporting Employee
Competency and Updating Readiness Enhancements for Facilities
Act of 2010.
``(2) Review and update.--Beginning with the first calendar
year following the date of enactment of the Supporting
Employee Competency and Updating Readiness Enhancements for
Facilities Act of 2010, and every 2 years thereafter, the
Director shall review and update the Security Guard
Information Manual and post orders for each guard post
overseen by the Federal Protective Service.
``(d) Database of Guard Service Contracts.--The Director
shall establish a database to monitor all contracts for guard
services. The database shall include information relating to
contract performance.

``SEC. 245. INFRASTRUCTURE SECURITY CANINE TEAMS.

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

``SEC. 246. ADVANCED IMAGING TECHNOLOGY.

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

``SEC. 247. CHECKPOINT DETECTION TECHNOLOGY STANDARDS.

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

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

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

``SEC. 249. FEES FOR PROTECTIVE SERVICES.

``(a) In General.--The Director of the Federal Protective
Service may assess and collect fees and security charges from
agencies for the costs of providing protective services.

[[Page S7214]]

``(b) Deposit of Fees.--Any fees or security charges paid
under this section shall be deposited in the appropriations
account under the heading `federal protection services' under
the heading `National Protection and Programs Directorate' of
the Department of Homeland Security.
``(c) Adjustment of Fees.--The Director of the Office of
Management and Budget shall adjust fees as necessary to carry
out this subtitle.

``Subtitle F--Interagency Security Committee

``SEC. 261. DEFINITIONS.

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

``SEC. 262. INTERAGENCY SECURITY COMMITTEE.

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

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

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

``SEC. 264. FACILITY SECURITY COMMITTEES.

``(a) In General.--
``(1) Maintenance of facility security committees.--Except
as provided under paragraph (2), the agencies that are
tenants at each Federal facility shall maintain a Facility
Security Committee for that Federal facility. Each agency
that is a tenant at a Federal facility shall provide 1
employee to

[[Page S7215]]

serve as a member of the Facility Security Committee.
``(2) Exemptions.--The Secretary may exempt a Federal
facility from the requirement under paragraph (1), if that
Federal facility is authorized under section 263 to provide
protective services.
``(b) Chairperson.--
``(1) In general.--Each Facility Security Committee shall
be headed by a chairperson, elected by a majority of the
members of the Facility Security Committee.
``(2) Responsibilities.--The chairperson shall be
responsible for--
``(A) maintaining accurate contact information for agency
tenants and providing that information, including any
updates, to the Federal Protective Service or designated
security organization;
``(B) setting the agenda for Facility Security Committee
meetings;
``(C) referring Facility Security Committee member
questions to Federal Protective Service or designated
security organization for response;
``(D) accompanying Federal Protective Service or designated
security organization representatives during on-site building
security assessments;
``(E) maintaining an official record of each meeting;
``(F) acknowledging receipt of the building security
assessment from Federal Protective Service or designated
security organization; and
``(G) any other duties as determined by the Interagency
Security Committee.
``(c) Training for Members.--
``(1) In general.--Except as provided under paragraphs (3)
and (4), before serving as a member of a Facility Security
Committee, an employee shall successfully complete a training
course that meets a minimum standard of training as
established by the Interagency Security Committee.
``(2) Training.--Training under this subsection shall--
``(A) be provided by the Federal Protective Service or
designated security organization, in coordination with the
Interagency Security Committee;
``(B) be commensurate with the security level of the
facility; and
``(C) include training relating to--
``(i) familiarity with published standards of the
Interagency Security Committee;
``(ii) physical security criteria for Federal facilities;
``(iii) use of physical security performance measures;
``(iv) facility security levels determinations; and
``(v) best practices for safe mail handling.
``(3) Waivers.--The training requirement under this
subsection may be waived by the Director or the Chairperson
of the Interagency Security Committee if the Director or the
Chairperson determines that an employee has related
experience in physical security, law enforcement, or
infrastructure security disciplines.
``(4) Incumbent members.--
``(A) In general.--This subsection shall apply to any
Facility Security Committee established before, on, or after
the date of enactment of the Supporting Employee Competency
and Updating Readiness Enhancements for Facilities Act of
2010, except that any member of a Facility Security Committee
serving on that date shall during the 1-year period following
that date--
``(i) successfully complete a training course as required
under paragraph (1); or
``(ii) obtain a waiver under paragraph (3).
``(B) Compliance.--Any member of a Facility Security
Committee described under subparagraph (A) who does not
comply with that subparagraph may not serve on that Facility
Security Committee.
``(d) Meetings and Quorum.--
``(1) Meetings.--Each Facility Security Committee shall
meet on a quarterly basis.
``(2) Quorum.--A majority of the members of a Facility
Security Committee shall be present for a quorum to conduct
business.
``(e) Appeal.--
``(1) In general.--If a Facility Security Committee
disagrees with a recommendation of the Federal Protective
Service for necessary countermeasures or physical security
improvements, the Chairperson of a Facility Security
Committee may file an appeal of the recommendation with the
Interagency Security Committee appeals board.
``(2) Decision to appeal.--The decision to file an appeal
shall be agreed to by a majority of the members of a Facility
Security Committee
``(3) Matters subject to appeal.--A recommendation of the
Federal Protective Service may be appealed under this
subsection, including recommendations relating to--
``(A) prohibited items lists determined for Federal
buildings by the Federal Protective Service and how those
lists apply to employees and visitors;
``(B) countermeasure improvements;
``(C) building security assessment findings; and
``(D) building security levels.''.
(b) Technical and Conforming Amendment.--The table of
contents for the Homeland Security Act of 2002 is amended by
inserting after the matter relating to title II the
following:

``Subtitle E--Federal Protective Service

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

``Subtitle F--Interagency Security Committee

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

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

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

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

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

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

(3) Mandatory separation.--The first sentence of section
8335(b)(1) of title 5, United States Code, is amended by
inserting ``Federal protective service officer,'' before ``or
customs and border protection officer,''.
(4) Immediate retirement.--Section 8336 of title 5, United
States Code, is amended--
(A) in subsection (c)(1), by inserting ``Federal protective
service officer,'' before ``or customs and border protection
officer,''; and
(B) in subsections (m) and (n), by inserting ``as a Federal
protective service officer,'' before ``or as a customs and
border protection officer,''.
(b) Federal Employees Retirement System.--
(1) Definition.--Section 8401 of title 5, United States
Code, is amended--
(A) in paragraph (35), by striking ``and'' at the end;
(B) in paragraph (36), by striking the period and inserting
``and''; and
(C) by adding at the end the following:
``(37) `Federal protective service officer' means an
employee in the Federal Protective Service of the Department
of Homeland Security--
``(A) who holds a position within the GS-0083, GS-0080, GS-
1801, or GS-1811 job series (determined applying the criteria
in effect as of September 1, 2007) or any successor position;
and

[[Page S7216]]

``(B) who are authorized to carry firearms and empowered to
make arrests in the performance of duties related to the
protection of buildings, grounds and property that are owned,
occupied, or secured by the Federal Government (including any
agency, instrumentality or wholly owned or mixed-ownership
corporation thereof) and the persons on the property,
including any such employee who is transferred directly to a
supervisory or administrative position in the Department of
Homeland Security after performing such duties in 1 or more
positions (as described under subparagraph (A)) for at least
3 years.''.
(2) Immediate retirement.--Paragraphs (1) and (2) of
section 8412(d) of title 5, United States Code, are amended
by inserting ``Federal protective service officer,'' before
``or customs and border protection officer,''.
(3) Computation of basic annuity.--Section 8415(h)(2) of
title 5, United States Code, is amended by inserting
``Federal protective service officer,'' before ``or customs
and border protection officer,''.
(4) Deductions from pay.--The table contained in section
8422(a)(3) of title 5, United States Code, is amended by
adding at the end the following:

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

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

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

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

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

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

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

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

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

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

SEC. 9. SAVINGS CLAUSE.

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

[[Page S7217]]

Ms. COLLINS. Mr. President, I rise today to introduce the SECURE Act
of 2010--Supporting Employee Competency and Updating Readiness
Enhancements. This bill would help to improve inadequate security at
too many of our Federal buildings.
As a Nation, we have learned several hard truths: Terrorists are
intent on attacking the United States, and their tactics continue to
evolve. The early identification of a security gap can save countless
lives if we act promptly to close it. There is no substitute for pre-
emptive action to detect, disrupt, and defend against terrorist plots.
As we remember the lives lost when terrorists attacked the United
States 9 years ago, we must avoid complacency. Our country's defenses
must be nimble, multi-layered, informed by timely intelligence, and
coordinated across multiple agencies.
This is difficult work, requiring painstaking attention to detail and
an unwavering focus. We must remain vigilant to the threats we face.
Unfortunately, the evidence indicates that there are significant
security problems at Federal buildings, where thousands of employees
serve thousands more of our citizens every work day.
The Federal Protective Service, FPS, is charged with securing nearly
9,000 Federal facilities and protecting the government employees who
work in them, and the Americans who use them to access vital services.
But, independent investigations by the Government Accountability
Office and the Department of Homeland Security Inspector General have
documented serious and systemic security flaws within the operations of
the FPS. These lapses place Federal employees and private citizens at
risk.
In June of last year, for example, GAO's undercover investigators
smuggled bomb-making materials into 10 Federal office buildings. Every
single building GAO targeted was breached--a perfect record of security
failure. At each facility, concealed bomb components passed through
checkpoints monitored by FPS guards. Once inside, the covert GAO
investigators were able to assemble the simulated explosive devices
without interruption.

A July 2009 GAO report documented training flaws for FPS contract
guards, some of whom failed to receive mandatory training on the
operation of metal detectors and x-ray equipment. Other contract guards
were deficient in key certifications such as CPR, First Aid, and
firearms training. All told, GAO found that 62 percent of the FPS
contract guards it reviewed lacked valid certifications in one or more
of these areas.
This review also found that FPS did little to ensure compliance with
rules and regulations and failed to conduct inspections of guard posts
after regular business hours. When GAO investigators tested these
posts, they found some guards sleeping on an overnight shift.
In another example, an inattentive guard allowed a baby in a carrier
to pass through an x-ray machine on its conveyor belt. That guard was
fired, but he ultimately won a lawsuit against the FPS because the
agency could not document that he had received required training on the
machine.
A few months earlier, in April 2009, the Department of Homeland
Security's Inspector General also found critical failings in the FPS
contract guard program. The Inspector General's recommendations
included many concrete steps to strengthen contract guard performance,
such as improving the award and management of contracts and increasing
the amount of training and number of compliance inspections.
These reports demonstrate that American taxpayers are simply not
receiving the security they have paid for and that they expect FPS to
provide. The reports also show the vulnerabilities facing Federal
employees and Federal infrastructure because of lax security.
While shining a light on these failings in multiple hearings, our
Committee pressed the FPS to take action to close these security gaps.
Although some tentative steps have been taken by FPS, we can no longer
wait for OMB and DHS to implement the absolutely critical security
measures necessary to help protect our Federal buildings, our Federal
employees, and the American public.
The legislation that I introduce today, with Senators Lieberman,
Akaka, and Voinovich, would help close these security gaps at our
Federal buildings.
First, the bill would mandate the Interagency Security Committee,
which was established by Executive Order 6 months after the Oklahoma
City bombing, to increase security standards at Federal facilities. The
ISC, comprised of representatives from agencies across the government,
would establish risk-based performance standards for the security of
federal buildings. FPS would then enforce these requirements based on
the risk tier assigned the facility by the ISC.

Prior reports clearly demonstrate that FPS lacks authority to require
tenant agencies of a Federal facility to comply with recommended
security countermeasures.
For example, although FPS may ask tenant agencies to purchase or
repair security equipment like cameras and x-ray machines, based on the
ISC's recommended security countermeasures, these tenant agencies can
refuse to purchase or repair the equipment based on cost.
Since FPS has no enforcement mechanism, these machines are not
upgraded, or remain inoperable, and security suffers. With so much at
stake, tenant agencies should not be able to effectively overrule the
security experts on the ISC and at FPS.
To address this problem, our legislation would provide FPS the
authority needed to mandate the implementation of security measures at
a facility. FPS also would have the authority to inspect federal
facilities to enforce compliance.
The bill would allow the FPS Director to charge additional fees if
tenant agencies fail to comply with applicable security standards. In
such cases, the Secretary also must notify Congress of the non-
compliant facilities.
Our bill also would require an independent analysis of FPS's long-
term staffing needs.
The Government has an obligation to protect our Nation's security,
and our Federal buildings are targets for violence. This legislation
would provide FPS with stronger authority to improve security at our
Federal buildings. The American public that relies on these facilities
and the Federal employees who work in them deserve better and more
reliable protection.

____________________