```

[Senate Report 112-202]
[From the U.S. Government Publishing Office]

112th Congress 
 2d Session                      SENATE                          Report
                                                                112-202
_______________________________________________________________________

                                     

                                                       Calendar No. 492

                     SECURE FACILITIES ACT OF 2012

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 772

  TO PROTECT FEDERAL EMPLOYEES AND VISITORS, IMPROVE THE SECURITY OF 
 FEDERAL FACILITIES AND AUTHORIZE AND MODERNIZE THE FEDERAL PROTECTIVE 
                                SERVICE

                 August 2, 2012.--Ordered to be printed

        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

               JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan                 SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii              TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware           SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas              JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana          RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri           ROB PORTMAN, Ohio
JON TESTER, Montana                  RAND PAUL, Kentucky
MARK BEGICH, Alaska                  JERRY MORAN, Kansas

                  Michael L. Alexander, Staff Director
       Beth M. Grossman, Deputy Staff Director and Chief Counsel
           Jason M. Yanussi, Senior Professional Staff Member
              Jason T. Barnosky, Professional Staff Member
               Nicholas A. Rossi, Minority Staff Director
                Mark B. LeDuc, Minority General Counsel
                   Jennifer L. Tarr, Minority Counsel
            John A. Kane, Minority Professional Staff Member
                  Trina Driessnack Tyrer, Chief Clerk

                                                       Calendar No. 492
112th Congress
                                 SENATE
                                                                 Report
 2d Session                                                     112-202

======================================================================

 
                     SECURE FACILITIES ACT OF 2012

                                _______
                                

                 August 2, 2012.--Ordered to be printed

                                _______
                                

Mr. Lieberman, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 772]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 772) to protect 
Federal employees and visitors, improve the security of Federal 
facilities and authorize and modernize the Federal Protective 
Service, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................5
 IV. Section-by-Section Analysis......................................6
  V. Evaluation of Regulatory Impact..................................9
 VI. Congressional Budget Office Cost Estimate.......................10
VII. Changes in Existing Law Made by the Bill, as Reported...........12

                         I. Purpose and Summary

    The purpose of the Supporting Employee Competency and 
Updating Readiness Enhancements for Facilities Act of 2012--the 
SECURE Facilities Act of 2012--is to protect federal employees 
and visitors within federal facilities from threats to their 
safety and security by improving the security of federal 
facilities and modernizing the Federal Protective Service, the 
federal law enforcement agency charged with protecting many 
federal buildings and facilities. The bill does so by 
strengthening the training and oversight requirements for law 
enforcement and contract security guard personnel, modernizing 
the agency's workforce, and augmenting the Federal Protective 
Service's ability to detect explosives.

              II. Background and Need for the Legislation

    The Federal Protective Service (FPS) traces its origins to 
early American history, when President George Washington 
recognized that government facilities in a newly designated 
capitol city should be protected. President Washington 
appointed three Commissioners to establish a site for the 
permanent seat of the federal government. In turn, the 
Commissioners hired six night watchmen to protect our first 
government buildings.\1\
---------------------------------------------------------------------------
    \1\FPS, ``FPS 101'' (Briefing Material Provided to Committee 
Staff).
---------------------------------------------------------------------------
    The agency as we know it today was formed in 1971 when the 
Administrator of the General Services Administration (GSA) 
signed an order establishing the Federal Protective Force, 
which would later be renamed the Federal Protective Service. 
FPS resided in GSA until 2002 when it was transferred to the 
newly formed Department of Homeland Security (DHS).\2\ Today, 
FPS is responsible for safeguarding more than one million 
visitors and federal workers who enter one of more than 9,000 
protected federal facilities each day.\3\ However, the agency's 
small size--it employs just over 1,200 full-time equivalent 
employees--means that it must use almost 15,000 contract 
security guards to augment security at most protected 
facilities.\4\
---------------------------------------------------------------------------
    \2\Lorraine H. Tong and Shawn Reese, Federal Building, Courthouse, 
and Facility Security (Congressional Research Service: December 9, 
2011) p. 6.
    \3\GAO, Homeland Security: Federal Protective Service's Contract 
Guard Program Requires More Oversight and Reassessment of Use of 
Contract Guards, GAO-10-341, April 2010, p. 1.
    \4\Tong and Reese p. 7.
---------------------------------------------------------------------------
    In the course of its own oversight of FPS and as a result 
of a series of Committee-requested Government Accountability 
Office (GAO) reports and reports by the DHS Inspector General, 
the Committee has identified a number of significant management 
and operational challenges facing FPS. GAO, for example, found 
shortcomings in the agency's management and oversight of the 
contract guards, who are stationed on-site to protect federal 
buildings. In one example, an inattentive guard allowed a baby 
in a carrier to pass through an X-ray machine on its conveyor 
belt. This guard would later win a lawsuit against FPS because 
the agency could not document that he had received required 
training on the machine.\5\
---------------------------------------------------------------------------
    \5\GAO, Homeland Security: Preliminary Results Show Federal 
Protective Service's Ability to Protect Federal Facilities Is Hampered 
By Weaknesses in Its Contract Security Guard Program, GAO-09-859T, July 
8, 2009, p. 10.
---------------------------------------------------------------------------
    GAO also uncovered alarming security gaps that allowed 
covert investigators to smuggle improvised explosive devices 
into ten high profile federal buildings housing significant 
numbers of federal employees.\6\ Every single building GAO 
targeted was breached--a perfect record of security failure. 
The SECURE Facilities Act responds to these findings by making 
a number of changes to FPS's authority to manage its workforce 
and address threats to the facilities it protects.
---------------------------------------------------------------------------
    \6\GAO, Homeland Security: The Federal Protective Service Faces 
Several Challenges That Hamper Its Ability to Protect Federal 
Facilities, GAO-08-683, June 2008, passim; GAO, Homeland Security: 
Preliminary Results Show Federal Protective Services Ability to Protect 
Federal Facilities is Hampered by Weaknesses in Its Contract Security 
Guard Program,, GAO-09-859T, July 2009, passim; GAO, Homeland Security: 
Greater Attention to Key Practices Would Improve the Federal Protective 
Service's Approach to Facility Protection, GAO-10-142, October 2009, 
passim; and GAO, April 2010, passim.
---------------------------------------------------------------------------
    Although the legislation thus enhances the ability of FPS 
to safeguard the facilities under its protection, it does not 
add any new facilities to the agency's jurisdiction. FPS's 
responsibility is to protect the more than 9,000 federal 
facilities owned or leased by GSA. Under existing law, the U.S. 
Marshals are responsible for protecting federal courthouses and 
the people within them, while the FPS is responsible for the 
security of the grounds around courthouses. Also, the 
Departments of Defense and Energy are, and will remain, 
responsible for protecting most of their own facilities, though 
a few facilities housing administrative offices do fall under 
the FPS's authority. The bill does not in any way affect those 
existing arrangements.

Ensuring FPS has a modern workforce

    S. 772 contains a number of provisions designed to 
strengthen FPS's workforce. First, it ensures that FPS has 
sufficient personnel. When FPS was transferred to DHS, the 
agency lost access to supplemental funding it received through 
its previous parent agency (GSA). This led to cuts in training 
and equipment, as well as proposals to cut the workforce by 
one-third, even after the agency assumed new responsibilities 
in the wake of September 11, 2001. As such, S. 772 requires 
that no fewer than 1,200 full-time equivalent employees (FTEs), 
including no fewer than 900 law enforcement officers, are 
maintained by the agency and if the agency plans to reduce its 
personnel level below the previous year's level, FPS must 
provide appropriate justification to Congress.
    The bill also ensures that FPS officers have the authority 
they need to meet their professional responsibilities. 
Currently, the vast majority of FPS officers are not empowered 
to carry firearms while off duty, in contrast to most other 
federal law enforcement officers. As a result, FPS officers who 
are required to respond to incidents while officially off duty 
will frequently have to pick up their firearms and other 
equipment before responding, further delaying response. To 
address this problem, the legislation authorizes all FPS 
officers to carry their firearms while off duty, the same as 
other federal law enforcement officers.
    Finally, S. 772 provides FPS officers with retirement 
benefits comparable to other federal law enforcement officials. 
In order to better compete in recruitment and retention with 
other federal, state and local law enforcement organizations, 
the legislation provides federal law enforcement retirement 
benefits to all FPS officers.

Strengthening the contract guard program

    S. 772 also tackles deficiencies in the contract guard 
program. FPS relies on almost 15,000 contract security guards 
to stand post at protected federal facilities and serve as the 
first physical line of defense against anyone with bad 
intentions. In 2010, the GAO found that management of the 
contract guard program was poor and undermined the goals and 
effectiveness of the program.\7\ This legislation ensures that 
contract guards will be held to high standards and prepared and 
equipped to address the threats facing federal facilities 
today.
---------------------------------------------------------------------------
    \7\GAO, April 2010, passim.
---------------------------------------------------------------------------
    One of GAO's key findings was that a significant number of 
contract guards did not meet FPS's training and certification 
requirements and that FPS did not take enforcement actions 
against contractors for their failure to comply with these 
rules.\8\ FPS recently raised training and oversight 
requirements, but these could be reduced in the future. To 
ensure they remain high, S. 772 requires FPS to set security 
guard training requirements at a minimum of 80 hours of initial 
instruction and 16 hours for annual, recurrent training. It 
also requires FPS to increase the portion of the training it 
monitors or provides from 10% to at least 25% by fiscal year 
2014.
---------------------------------------------------------------------------
    \8\GAO, April 2010, pp. 9-11.
---------------------------------------------------------------------------
    To ensure that FPS can take appropriate action against 
contract guard service providers who do not meet these 
strengthened requirements--and also to ensure that FPS can 
properly evaluate proposals for contracts for guard services 
based on the best value--S. 772 requires FPS to maintain a 
database of contracts for guard services that includes 
information related to contract performance. The Committee 
expects this database will be electronic and nationally 
accessible to all appropriate agency personnel involved in 
contract oversight and awards. This will give FPS contracting 
officers in regional offices access to contract performance 
information from other offices, allowing them to make better 
informed decisions.
    S. 772 also takes steps to ensure that the responsibilities 
of contract guards are clear and current. In 2009 GAO reported 
that the assigned responsibilities of guards, known as post 
orders, are sometimes outdated.\9\ S. 772 requires FPS to 
immediately update all post orders and the Security Guard 
Information Manual and to then review and update them every two 
years thereafter.
---------------------------------------------------------------------------
    \9\GAO, July 2009, p. 12.
---------------------------------------------------------------------------

Addressing the threat of explosives

    The bill ensures that FPS focuses on and prepares to 
address the critical threat of explosives to federal buildings 
and those who visit and work in them. While the Oklahoma City 
bombing in 1995 drew attention to this threat, FPS has been 
slow to adopt methods that can detect and deter this type of 
attack. In 2009, GAO revealed the breadth of this shortcoming 
when it passed the components of an improvised explosive device 
(IED) through security checkpoints without detection at several 
facilities monitored by FPS.\10\
---------------------------------------------------------------------------
    \10\GAO, April 2010, p. 16.
---------------------------------------------------------------------------
    To address these deficiencies, S. 772 authorizes an 
increase in the number of canine detection teams available for 
security at federal facilities and the development of 
checkpoint detections technology standards. It also requires a 
report by the Secretary of DHS (Secretary) on methods to detect 
and prevent explosives from entering federal facilities, 
including the possible use of advanced imaging and other 
technologies.

Additional changes

    S. 772 formally authorizes the Secretary of DHS to collect 
fees and security charges on behalf of FPS from agencies for 
the costs of providing protective services.\11\ The legislation 
also clarifies that FPS may assess security charges to an 
agency in order to provide necessary countermeasures to ensure 
a facility is in compliance with the federal security standards 
S. 772 requires be established.
---------------------------------------------------------------------------
    \11\The Administrator of the General Services Administration has 
broad authority to impose and collect charges for ``space and 
services'' under 40 U.S.C. Sec. 586. Section 403(3) of the Homeland 
Security Act of 2002 (P.L. 107-296) authorized the transfer of FPS to 
the Department of Homeland Security, ``including the functions of the 
Administrator of General Services relating thereto.'' This legislation 
clarifies that the Secretary of Homeland Security is explicitly 
authorized to collect both fees and security charges for the costs of 
providing protective services.
---------------------------------------------------------------------------
    The legislation also codifies the establishment of the 
Interagency Security Committee (ISC), which President Clinton 
originally created via Executive Order 12977 following the 1995 
attack on the Alfred P. Murrah Federal Building in Oklahoma 
City.\12\ The ISC was established to develop standards for the 
security of all federal facilities nationwide, not just those 
protected by FPS. S. 772 codifies the duties and 
responsibilities of the ISC. It also requires the establishment 
of a new appeals board within the ISC to issue a final 
determination when a local Facility Security Committee and a 
security provider do not agree on a security level or security 
countermeasures recommendation. This will ensure a proper 
balance between security and public access when Facility 
Security Committees are concerned that the recommendation will 
unduly hinder public access to the facility. S. 772 designates 
FPS and the judicial branch as voting representatives on the 
ISC, which differs from current practice.\13\ As the primary 
security agency for most civilian federal facilities, it is 
important for FPS to have a voting representative on the ISC, 
and since the judicial branch shares responsibility for the 
safety of people in courthouses all across the nation it should 
have a voting representative as well.
---------------------------------------------------------------------------
    \12\Tong and Reese p. 2.
    \13\According to the ISC staff, there are over 100 senior 
executives representing the 51 federal departments and agencies 
constituting the ISC. Currently, there are 21 Primary Members with 
voting rights, as a result of their enumeration in the Executive Order. 
Additional agencies and entities have been permitted to join the ISC 
and serve as Associate Members, but they do not possess voting rights. 
FPS and a judicial branch representative are currently designated as 
Associate Members.
---------------------------------------------------------------------------
    S. 772 permits the Secretary of DHS to delegate security 
responsibilities for particular facilities to agencies other 
than FPS. However, it establishes requirements for doing so--
limiting such authorizations to a two-year period, which may be 
renewed, and requiring that agencies receiving such delegations 
demonstrate security expertise and have law enforcement 
authority. The bill preserves existing agreements between FPS 
and the Department of Energy (DOE) concerning the protection of 
DOE facilities.
    To assist the Committee in its oversight efforts, S. 772 
requires several reports on workforce composition. These 
include a report on workforce needs, another on retention rates 
for the contract guard workforce, and a report on the 
feasibility of federalizing the contract security guard 
workforce.

                        III. Legislative History

    Senators Lieberman, Collins and Akaka introduced S. 772 on 
April 8, 2011. The bill was referred to the Senate Committee on 
Homeland Security and Governmental Affairs. As introduced, S. 
772 was similar to S. 3806, which Senators Lieberman, Collins, 
Akaka and Voinovich introduced in the 111th Congress and which 
was favorably reported by the Committee at the end of that 
Congress. The Committee began consideration of S. 772 at a May 
11, 2011 business meeting and continued its consideration of 
the bill on May 18, 2011.
    On May 11, 2011, the Committee adopted one amendment, 
offered by Senators Coburn and McCain. The amendment requires 
the Secretary of DHS to offset the hiring of each additional 
full-time equivalent employee hired by the Federal Protective 
Service with a reduction of a full-time equivalent employment 
elsewhere in the Department. The Committee adopted the 
amendment by roll call vote of 10-5. Senators Carper, Pryor, 
Begich, Collins, Coburn, Brown, Johnson and Portman were 
present and voted for the amendment, and Senator Lieberman was 
present and voted against the amendment. Senators McCain and 
Paul voted for the amendment by proxy. Senators Levin, Akaka, 
Landrieu and Tester voted against the amendment by proxy.
    On May 11, 2011, the Committee rejected two amendments. One 
amendment, offered by Senator Coburn, would have struck the 
section of the bill requiring a report on the feasibility of 
federalizing the Federal Protective Service contract guard 
workforce. That amendment was not adopted, by voice vote. 
Senators Lieberman, Carper, Pryor, Begich, Collins, Coburn, 
Brown, McCain, and Johnson were present. Another amendment was 
offered by Senator McCain, and would have prohibited the 
Department of Homeland Security from awarding sole-source 
contracts for services over $4 million and for goods over $6.5 
million to Alaska Native Corporations, Indian Tribes, or Native 
Hawaiian Organizations without written justification. Senator 
McCain's amendment was not adopted, by roll call vote of 7-7. 
Senators Collins, Coburn, Brown, McCain and Johnson were 
present and voted for the amendment, and Senators Lieberman, 
Carper, Pryor and Begich were present and voted against the 
amendment. Senators Portman and Paul voted for the amendment by 
proxy, and Senators Akaka, Landrieu and Tester voted against 
the amendment by proxy.
    On May 18, 2011, the Committee, by voice vote, voted to 
report the bill. Members present for the vote on the bill were 
Senators Lieberman, Levin, Akaka, Pryor, Collins, Coburn, 
Brown, Johnson, and Moran. Senators Coburn (who was present) 
and Paul (by proxy) asked to be recorded as voting against the 
bill.

                    IV. Section-by-Section Analysis

Section 1. Short title

    This section states that the short titles of the bill are 
the ``Supporting Employee Competency and Updating Readiness 
Enhancements for Facilities Act of 2012,'' and the ``SECURE 
Facilities Act of 2012.''

Section 2. Definitions

    This section defines several terms used in the bill.

Section 3. Federal Protective Service

    This section amends the Homeland Security Act of 2002 (P.L. 
107-296; 6 U.S.C. Sec. 121 et seq.) by adding new Subtitles E 
and F, which authorize the Federal Protective Service, require 
the agency to implement program enhancements to improve the 
security of federal facilities, and codify the establishment 
and authorities of the Interagency Security Committee.
    New section 241 of the Homeland Security Act defines 
several terms used in Subtitle E.
    New section 242 authorizes the establishment of the Federal 
Protective Service as an agency within the Department of 
Homeland Security, headed by a Director, who is a civil servant 
and reports to the Under Secretary of the National Protection 
and Programs Directorate. It codifies the agency's mission as 
securing federal facilities and safeguarding federal employees, 
officials and visitors. This section also outlines the duties 
and powers of the Director.
    New section 243 requires the Secretary to increase the 
number of FTEs the FPS maintains by 146 in FY 2012, for a total 
of 1371 FTEs (including no fewer than 950 law enforcement 
officers). It states that the FPS may never maintain fewer than 
1200 FTEs after FY2012 (including no fewer than 900 law 
enforcement officers), and requires the Secretary to submit a 
report to Congress in any year in which the FPS proposes 
decreasing its full-time equivalent staff from its then-current 
amount. As amended in Committee, this provision also states 
that the Secretary shall offset the hiring of each additional 
full-time equivalent employee hired by the Federal Protective 
Service with a reduction of a full-time equivalent employment 
elsewhere in the Department.
    New section 244 requires the FPS to increase the minimum 
training requirements for armed security guards to at least 80 
hours, and gradually increase the amount of training the FPS 
monitors, from 10 percent in FY2011 to 25 percent by FY2014. 
This section also requires the FPS to establish a program to 
assess guard training and the security of federal facilities 
(including a covert testing program), update the Security Guard 
Information Manual and all individual Post Orders, and 
establish a database of guard service contracts, which shall 
include information relating to contract performance.
    New section 245 requires the FPS to increase the number of 
certified canine teams by up to 15 teams annually, between FY 
2011 and FY2014, and directs the Secretary to use existing 
methods of procurement in doing so to the greatest extent 
practicable. It also requires the Director to establish minimum 
standards for training and performance of any canine units 
trained by non-governmental entities.
    New section 246 directs the Secretary, in coordination with 
the Interagency Security Committee, to develop performance-
based standards for checkpoint detection technology for use at 
federal facilities.
    New section 247 authorizes the Secretary to collect 
security charges from an agency to cover the costs of deploying 
security countermeasures which FPS determines are necessary to 
ensure compliance with the federal security standards if the 
Director has provided sufficient notice to that agency. It also 
requires the Secretary submit a report to Congress, in a 
classified manner if necessary, on any facility FPS determines 
to be in noncompliance with federal security standards.
    New section 248 explicitly provides the Secretary with the 
authority to collect fees and security charges for protective 
services, and it directs the Office of Management and Budget to 
adjust fees as necessary to carry out the provisions of this 
subtitle.
    New section 261, the first section in the new Subtitle F, 
indicates that the terms defined in section 241 are also 
applicable to subtitle F.
    New section 262 codifies the establishment, membership and 
authorities of the Interagency Security Committee (ISC). It 
makes the Federal Protective Service and a representative of 
the Judicial Branch voting members of the Committee, and 
establishes an appeals board with authority to reconsider a 
security level determination for a federal facility, an FPS 
recommendation for countermeasures for a federal facility, or a 
determination that a federal facility is in noncompliance with 
federal security standards. It also authorizes such sums as 
necessary for the operations of the ISC.
    New section 263 requires the Secretary, in consultation 
with the ISC, to establish a process for an agency to provide 
protective services for its facilities, in lieu of the FPS 
providing that service. It states that FPS personnel shall 
retain the law enforcement authorities they possess at any 
facility exempted from FPS protection under this section, so 
that they may respond to an incident if necessary. It 
establishes certain minimum requirements for the process the 
Secretary may use to grant this security waiver authority. It 
states that waiver authority shall be provided on a biennial 
basis, which may be renewed, and that the Secretary shall 
respond to an application within 60 days of its submission. The 
section requires the agency seeking this authority to 
demonstrate security expertise, possess law enforcement 
authority, demonstrate that it has an ability to comply with 
the federal security standards established by the ISC, and 
submit a cost-benefit analysis demonstrating that the proposed 
arrangement would save the government money. It also preserves 
the Department of Energy's current authorization for its 
headquarters facilities in Washington, DC and Germantown, 
Maryland, and allows the Secretary of Homeland Security and the 
Secretary of Energy to renegotiate the terms of those 
authorizations, without regard for the minimum requirements in 
the bill, due to the Energy Department's unique role in 
safeguarding nuclear materials.
    New section 264 requires the establishment of a Facility 
Security Committee (FSC) at each federal facility housing more 
than one federal agency. It requires that basic security 
training be provided by FPS (or a designated security 
organization) to all members on the FSC and that these 
Committees meet on a quarterly basis. It also outlines the 
FSC's responsibilities and provides the FSC the authority to 
appeal certain determinations by the Federal Protective Service 
to the ISC appeals board.

Section 4. Federal Protective Service officers off-duty carrying of 
        firearms

    This section provides FPS law enforcement officers with the 
authority to carry a weapon during off-duty times, as other 
federal law enforcement officers are permitted to do.

Section 5. Civil Service retirement system and Federal employees 
        retirement system

    This section provides federal law enforcement retirement 
benefits to all FPS law enforcement officers.

Section 6. Report on Federal Protective Service personnel needs

    This section requires the Secretary to provide a report to 
Congress on the personnel needs of the FPS for the next ten 
years and to include in the report a workforce composition 
recommendation.

Section 7. Report on retention rate of Federal Protective Service 
        contract guard workforce

    This section requires the Secretary to report to Congress 
on the retention rate of FPS's contract guard workforce and how 
that retention rate affects agency operations and the security 
of federal facilities.

Section 8. Report on the feasibility of federalizing the Federal 
        Protective Service contract guard workforce

    This section requires the Secretary report to Congress 
within one year on the feasibility of converting all or part of 
the FPS's contract guard workforce into full-time equivalent 
employees, the costs associated with such a conversion, and any 
increase in security which could be realized. It requires the 
Secretary submit the report for review by a qualified 
consultant before giving the report to Congress.

Section 9. Report on agency funding

    This section requires the Secretary to report to Congress 
on the alternatives for funding the Federal Protective Service, 
including the possibility of receiving direct appropriations 
for all or part of the agency's budget (currently, FPS receives 
all of its funding through security charges and fees assessed 
to tenant agencies).

Section 10. Report on preventing explosives from entering federal 
        facilities

    This section requires the Secretary to report to Congress 
on the Department's plans to detect or prevent explosives from 
entering federal facilities.

Section 11. Savings clause

    This section notes that nothing in this Act shall be 
construed to affect the authority of the U.S. Marshals Service 
to protect federal judicial personnel and courthouses, as 
authorized under Section 566 of Title 28, U.S.C., the authority 
of any other federal law enforcement agency other than the FPS, 
or the authorities of the FPS not specifically enumerated by 
this Act.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact. The Committee 
agrees with the Congressional Budget Office's statement that 
the bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.

                   VI. Estimated Cost of Legislation

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 7, 2011.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 772, the SECURE 
Facilities Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                        Robert A. Sunshine,
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

S. 772--SECURE Facilities Act of 2011

    Summary: S. 772 would modify provisions of current law that 
govern security at federal facilities as well as activities of 
the Federal Protective Service (FPS) and the Interagency 
Security Committee (ISC). CBO estimates that implementing S. 
772 would cost $176 million over the 2012-2016 period, assuming 
appropriation of the necessary funds.
    Because CBO estimates that the legislation would increase 
revenues by $1 million over the 2012-2021 period, pay-as-you-go 
procedures apply. Enacting the bill would not affect direct 
spending until after 2021.
    S. 772 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on State, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 772 is shown in the following table. The 
costs of this legislation fall within budget functions 800 
(general government), 950 (undistributed offsetting receipts), 
and all functions that include government agencies that use the 
services of the FPS.

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2012     2013     2014     2015     2016   2012-2016
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONa

Federal Protective Service:
    Estimated Authorization Level.......................       33       21       25       29       30       138
    Estimated Outlays...................................       33       21       25       29       30       138
FPS Retirement Contributions (Employer Share):b
    Estimated Authorization Level.......................        1        2        2        3        3        11
    Estimated Outlays...................................        1        2        2        3        3        11
Other Provisions:
    Estimated Authorization Level.......................        6        6        5        5        5        27
    Estimated Outlays...................................        6        6        5        5        5        27
    Total Changes:
        Estimated Authorization Level...................       40       29       32       37       38       176
        Estimated Outlays...............................       40       29       32       37       38       176

Memorandum:
Intragovernmental Collections from Retirement                  -1       -2       -2       -3       -3      -11
 Contributions (Employer Share)b........................
----------------------------------------------------------------------------------------------------------------
Notes: FPS = Federal Protective Service. Amounts may not sum to totals because of rounding.
aCBO estimates that enacting S. 772 would increase revenue collections by less than $500,000 over the 2012-2016
  period and by about $1 million over the 2012-2021 period because of increased employee retirement
  contributions.
bEmployer contributions are intragovernmental transactions that do not affect the deficit. Thus, the amounts
  shown under changes in spending subject to appropriation would be offset by collections, as shown in the
  memorandum.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted by the end of 2011, that the 
necessary amounts will be appropriated near the start of each 
fiscal year, and that spending will follow historical patterns 
for similar activities. CBO estimates that implementing S. 772 
would have a discretionary cost of $176 million over the 2012-
2016 period. (Assuming the appropriation of the necessary 
amounts, intragovernmental collections would rise by $11 
million over that period.) Key components of that estimate are 
described below.

Federal protective service

    The FPS is a federal agency that provides integrated 
security and law enforcement services to federally owned and 
leased properties. Using a fee-based system to charge federal 
agencies for its services, FPS currently employs 1,225 federal 
security officers, criminal investigators, police officers, and 
support personnel and contracts with 13,000 other guards to 
secure approximately 9,000 federal buildings. The bill would 
specify staffing levels for law enforcement and administrative 
personnel at the FPS in 2012 and establish permanent minimum 
staffing levels. In addition, S. 722 would require that any new 
hiring be conditioned on reducing an equivalent number of 
current employees. Finally, the legislation also would 
standardize the oversight and training of FPS's contract guards 
and increase the number of canine teams assigned to 
infrastructure security.
    Based on information from the Department of Homeland 
Security (DHS) about the cost of similar efforts by other 
agencies, CBO estimates that implementing those provisions 
would cost $138 million over the 2012-2016 period. Those 
amounts would cover the costs to hire new security personnel 
(primarily contractors), purchase security equipment, provide 
training for agency staff and contract officers, and oversee 
those activities.

FPS retirement contribution

    Under S. 772, FPS officers would be considered law 
enforcement officers for retirement purposes. That change, 
which would apply only to years of service earned after 
enactment of S. 772, would provide greater retirement benefits 
to eligible employees after 20 years of law enforcement 
service. CBO estimates that any increases in federal spending 
for retirement benefits (which would be considered direct 
spending) would not occur until after 2021. However, in order 
to receive the retirement benefit for law enforcement officers, 
both FPS and the eligible officers would be required to make 
larger contributions toward that benefit during the officers' 
employment. As a result, CBO estimates that FPS would be 
required to pay an additional $11 million in retirement 
contributions over the 2012-2016 period. (Such contributions 
are intragovernmental and do not affect the deficit.) CBO 
estimates that additional employee contributions (recorded as 
revenues in the budget) would total about $1 million through 
2021.

Other provisions

    Under an existing executive order, the Interagency Security 
Committee sets certain parameters related to security for all 
federal buildings. The legislation would codify and expand the 
committee's size and responsibilities and create an appeals 
process for affected agencies. S. 772 also would require DHS to 
report to the Congress on the FPS's personnel needs, use of 
contract guards, and overall funding requirements. Based on 
information from the FPS and the ISC about the cost of similar 
activities and reports, CBO estimates that implementing all of 
those provisions would cost $5 million to $6 million annually 
over the 2012-2016 period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. Enacting S. 772 would increase revenues from employee 
contributions to retirement accounts by about $1 million 
through 2021. The changes in revenues that are subject to those 
pay-as-you-go procedures are shown in the following table.

CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 772 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
                                                                     ON MAY 18, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2011   2012   2013   2014   2015   2016   2017   2018   2019   2020   2021  2011-2016  2011-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact.......................      0      0      0      0      0      0      0      0      0      0      0         0         -1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 772 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Spending: Matthew Pickford 
and Amber G. Marcellino; Impact on State, Local, and Tribal 
Governments: Melissa Merrell; Impact on the Private Sector: 
Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the following changes in existing 
law made by the bill, as reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                           UNITED STATES CODE

TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *

PART III--EMPLOYEES

           *       *       *       *       *       *       *

Subpart B--Employment and Retention

           *       *       *       *       *       *       *

CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT

           *       *       *       *       *       *       *

Subchapter I--Examination, Certification, and Appointment

           *       *       *       *       *       *       *

Sec. 3307. Competitive service; maximum-age entrance requirements; 
                    exceptions

    (a) * * *

           *       *       *       *       *       *       *

    (h) The Secretary of Homeland Security may determine and 
fix the maximum age limit for an original appointment to a 
position as a Federal protective service officer, as defined by 
section 8401(38).

           *       *       *       *       *       *       *

Subpart G--Insurance and Annuities

           *       *       *       *       *       *       *

CHAPTER 83--RETIREMENT

           *       *       *       *       *       *       *

Subchapter III--Civil Service Retirement

           *       *       *       *       *       *       *

Sec. 8331. Definitions

           *       *       *       *       *       *       *

          (1) * * *

           *       *       *       *       *       *       *

          (30) the term ``air traffic controller'' or 
        ``controller'' means--
                  (A) a controller within the meaning of 
                section 2109(1); and
                  (B) a civilian employee of the Department of 
                Transportation or the Department of Defense who 
                is the immediate supervisor of a person 
                described in section 2019(1)(B); [and]
          (31) ``customs and border protection officer'' means 
        an employee in the Department of Homeland Security
                  (A) who holds a position within the GS-1895 
                job series (determined applying the criteria in 
                effect as of September 1, 2007) or any 
                successor position, and
                  (B) whose duties include activities relating 
                to the arrival and departure of persons, 
                conveyances, and merchandise at ports of entry, 
                including any such employee who is transferred 
                directly to a supervisory or administrative 
                position in the Department of Homeland Security 
                after performing such duties (as described in 
                subparagraph (B)) in 1 or more positions (as 
                described in subparagraph (A)) for at least 3 
                years[.]; and
          (32) `Federal protective service officer' means an 
        employee in the Federal Protective Service of the 
        Department of Homeland Security--
                  (A) who holds a position within the GS-0083, 
                GS-0080, GS-1801, or GS-1811 job series 
                (determined applying the criteria in effect as 
                of September 1, 2007) or any successor 
                position; and
                  (B) who are authorized to carry firearms and 
                empowered to make arrests in the performance of 
                duties related to the protection of buildings, 
                grounds and property that are owned, occupied, 
                or secured by the Federal Government (including 
                any agency, instrumentality or wholly owned or 
                mixed-ownership corporation thereof) and the 
                persons on the property, including any such 
                employee who is transferred directly to a 
                supervisory or administrative position in the 
                Department of Homeland Security after 
                performing such duties in 1 or more positions 
                (as described under subparagraph (A)) for at 
                least 3 years.

           *       *       *       *       *       *       *

Sec. 8334. Deductions, contributions, and deposits

    (a) * * *
          (1) * * *
                  (A) The employing agency shall deduct and 
                withhold from the basic pay of an employee, 
                Member, Congressional employee, law enforcement 
                officer, firefighter, bankruptcy judge, judge 
                of the United States Court of Appeals for the 
                Armed Forces, United States magistrate, Court 
                of Federal Claims judge, member of the Capital 
                Police, member of the Supreme Court Police, 
                nuclear materials courier, Federal protective 
                service officer, or customs and border 
                protections officer, as the case may be, the 
                percentage of basic pay applicable under 
                subsection (c).
                  (B) * * *

           *       *       *       *       *       *       *

    (c) Each employee of Member credited with civilian service 
after July 31, 1920, for which retirement deductions or 
deposits have not been made, may deposit with interest an 
amount equal to the following percentages of his basic pay 
received for that service:

------------------------------------------------------------------------
                                      Percentage
                                       of basic       Service period
                                         pay
------------------------------------------------------------------------
Employee...........................          2.5  August 1, 1920 to June
                                                   30, 1926.
* * *..............................
Customs and border protection                7.5  After June 29, 2008.
 officer.
Federal Protective Service Officer.          7.5  On or after the
                                                   effective date under
                                                   section 5(e)(1) of
                                                   the SECURE Facilities
                                                   Act of 2012.
------------------------------------------------------------------------

                                                   

           *       *       *       *       *       *       *
Sec. 8335. Mandatory separation

    (a) * * *
    (b) * * *
          (1) A law enforcement officer, firefighter, nuclear 
        materials courier, Federal protective service officer, 
        or customs and border protection officer who is 
        otherwise eligible for immediate retirement under 
        section 8336(c) shall be separated from the service on 
        the last day of the month in which the officer, 
        firefighter, or courier, as the case may be, becomes 57 
        years of age or completes 20 years of service if then 
        over that age. The head of the agency, when in his 
        judgment the public interest so requires, may exempt 
        such an employee from automatic separation under this 
        subsection until that employee becomes 60 years of age. 
        The employing office shall notify the employee in 
        writing of the date of separation at least 60 days in 
        advance thereof. Action to separate the employee is not 
        effective, without the consent of the employee, until 
        the last day of the month in which the 60-day notice 
        expires.

           *       *       *       *       *       *       *

Sec. 8336. Immediate retirement

    (a) * * *

           *       *       *       *       *       *       *

    (c) * * *
          (1) An employee who is separated from the service 
        after becoming 50 years of age and completing 20 years 
        of service as a law enforcement officer, firefighter, 
        nuclear materials courier, Federal protective service 
        officer, or customs and border protection officer, or 
        any combination of such service totaling at least 20 
        years, is entitled to an annuity.
          (2) * * *

           *       *       *       *       *       *       *

    (m) A member of the Capitol Police who is separated from 
the service after becoming 50 years of age and completing 20 
years of service as a member of the Capitol Police as a law 
enforcement officer, as a Federal protective service officer, 
or as a customs and border protection officer, or any 
combination of such service totaling at least 20 years, is 
entitled to an annuity.
    (n) A member of the Supreme Court Police who is separated 
from the service after becoming 50 years of age and completing 
20 years of service as a member of the Supreme Court Police as 
a law enforcement officer, as a Federal protective service 
officer, or as a customs and border protection officer, or any 
combination of such service totaling at least 20 years, is 
entitled to an annuity.

           *       *       *       *       *       *       *

CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM

           *       *       *       *       *       *       *

Subchapter I--General Provisions

           *       *       *       *       *       *       *

Sec. 8401. Definitions

          (1) * * *

           *       *       *       *       *       *       *

          (36) the term ``customs and border protection 
        officer'' means an employee in the Department of 
        Homeland Security
                  (A) who holds a position within the GS-1895 
                job series (determined applying the criteria in 
                effect as of September 1, 2007) or any 
                successor position, and
                  (B) whose duties include activities relating 
                to the arrival and departure of persons, 
                conveyances, and merchandise at ports of entry, 
                including any such employee who is transferred 
                directly to a supervisory or administrative 
                position in the Department of Homeland Security 
                after performing such duties (as described in 
                subparagraph (B)) in 1 or more positions (as 
                described in subparagraph (A)) for at least 3 
                years; [and]
          (37) the term ``revised annuity employee'' means any 
        individual who--
                  (A) on December 31, 2012--
                          (i) is not an employee or Member 
                        covered under this chapter;
                          (ii) is not performing civilian 
                        service which is creditable service 
                        under section 8411; and
                          (iii) has less than 5 years of 
                        creditable civilian service under 
                        section 8411; and
                  (B) after December 31, 2012, becomes employed 
                as an employee or becomes a Member covered 
                under this chapter performing service which is 
                creditable service under section 8411[.]; and
          (38) `Federal protective service officer' means an 
        employee in the Federal Protective Service of the 
        Department of Homeland Security--
                  (A) who holds a position within the GS-0083, 
                GS-0080, GS-1801, or GS-1811 job series 
                (determined applying the criteria in effect as 
                of September 1, 2007) or any successor 
                position; and
                  (B) who are authorized to carry firearms and 
                empowered to make arrests in the performance of 
                duties related to the protection of buildings, 
                grounds and property that are owned, occupied, 
                or secured by the Federal Government (including 
                any agency, instrumentality or wholly owned or 
                mixed-ownership corporation thereof) and the 
                persons on the property, including any such 
                employee who is transferred directly to a 
                supervisory or administrative position in the 
                Department of Homeland Security after 
                performing such duties in 1 or more positions 
                (as described under subparagraph (A)) for at 
                least 3 years.

           *       *       *       *       *       *       *

Subchapter II--Basic Annuity

           *       *       *       *       *       *       *

Sec. 8412. Immediate Retirement

    (a) * * *

           *       *       *       *       *       *       *

    (d) An employee who is separated from the service, except 
by removal for cause on charges of misconduct or delinquency--
          (1) after completing 25 years of service as a law 
        enforcement officer, member of the Capitol Police or 
        Supreme Court Police, firefighter, nuclear materials 
        courier, Federal protective service officer, or customs 
        and border protection officer, or any combination of 
        such service totaling at least 25 years, or
          (2) after becoming 50 years of age and completing 20 
        years of service as a law enforcement officer, member 
        of the Capitol Police or Supreme Court Police, 
        firefighter, nuclear materials courier, Federal 
        protective service officer, or customs and border 
        protection officer, or any combination of such service 
        totaling at least 20 years,

           *       *       *       *       *       *       *

Sec. 8415. Computation of basic annuity

    (a) * * *

           *       *       *       *       *       *       *

    (i) * * *
          (1) * * *
          (2) This subsection applies in the case of an 
        employee who--
                  (A) retires entitles to an annuity under 
                section 8412; and
                  (B) at the time of the separation on which 
                entitlement to the annuity is based, is at 
                least 62 years of age and has completed at 
                least 20 years of service; but does not apply 
                in the case of a Congressional employee, 
                military technician (dual status), law 
                enforcement officer, member of the Supreme 
                Court Police, firefighter, nuclear materials 
                courier, air traffic controller, Federal 
                protective service officer, or customs and 
                border protection officer

           *       *       *       *       *       *       *

Sec. 8422. Deductions from pay; contributions for other service; 
                    deposits

    (a) * * *
    (1) * * *

           *       *       *       *       *       *       *

          (3) * * *
                  (A) The applicable percentage under this 
                paragraph for civilian service by employees of 
                Members other than revised annuity employees 
                shall be as follows:

------------------------------------------------------------------------

------------------------------------------------------------------------
Employee...........................        7      January 2, 1987, to
                                                   December 31, 1998
* * *
Customs and border protection              7.5    After June 29, 2008.''
 officer.
Federal protective service officer.        7.5    On or after the
                                                   effective date under
                                                   section 5(e)(1) of
                                                   the SECURE Facilities
                                                   Act of 2012.''
------------------------------------------------------------------------

                  (B) The applicable percentage under this 
                paragraph for civilian service by revised 
                annuity employees shall be as follows:

------------------------------------------------------------------------

------------------------------------------------------------------------
Employee...........................        9.3    After December 31,
                                                   2012.
* * *
Customs and border protection              9.8    After December 31,
 officer.                                          2012.
Federal protective service officer.        9.8    On or after the
                                                   effective date under
                                                   section 5(e)(1) of
                                                   the SECURE Facilities
                                                   Act of 2012.
------------------------------------------------------------------------

                                                   

           *       *       *       *       *       *       *
Sec. 8423. Government contributions

    (a) * * *
          (1) * * *
                  (A) * * *
                  (B) the product of--
                          (i) the normal-cost percentage, as 
                        determined for Member, Congressional 
                        employees, law enforcement officers, 
                        members of the Supreme Court Police, 
                        firefighters, nuclear materials 
                        couriers, Federal protective service 
                        officers, customs and border protection 
                        officers, air traffic controllers, 
                        military reserve technicians, and 
                        employees under section 302 and 303 of 
                        the Central Intelligence Agency 
                        Retirement Act, multiplied by
                          (ii) * * *
         (3) Contributions under this subsection shall be 
        paid--
                  (A) in the case of law enforcement officers, 
                members of the Supreme Court Police, 
                firefighters, nuclear materials couriers, 
                Federal protective service officer, customs and 
                border protection officers, air traffic 
                controllers, military reserve technicians, and 
                other employees, from the appropriation or fund 
                used to pay such law enforcement officers, 
                members of the Supreme Court Police, 
                firefighters, nuclear materials couriers, 
                Federal protective service officers, customs 
                and border protection officers, air traffic 
                controllers, military reserve technicians, or 
                other employees, respectively;

           *       *       *       *       *       *       *

Sec. 8425. Mandatory separation

    (a) * * *
    (b) * * *
          (1) A law enforcement officer, firefighter, nuclear 
        materials courier, Federal protective service officer, 
        or customs and border protection officer who is 
        otherwise eligible for immediate retirement under 
        section 8412(d) shall be separated from the service on 
        the last day of the month in which that law enforcement 
        officer, firefighter, nuclear materials courier, 
        Federal protective service officer, or customs and 
        border protection officer as the case may be, becomes 
        57 years of age or completes 20 years of service if 
        then over that age. If the head of the agency judges 
        that the public interest so requires, that agency head 
        may exempt such an employee from automatic separation 
        under this subsection until that employee becomes 60 
        years of age. The employing office shall notify the 
        employee in writing of the date of separation at least 
        60 days before that date. Action to separate the 
        employee is not effective, without the consent of the 
        employee, until the last day of the month in which the 
        60-day notice expires.

           *       *       *       *       *       *       *

                TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

           *       *       *       *       *       *       *

CHAPTER 44--FIREARMS

           *       *       *       *       *       *       *

Sec. 926B. Carrying of concealed firearms by qualified law enforcement 
                    officers

    (a) * * *

           *       *       *       *       *       *       *

    (f) For the purposes of this section, a law enforcement 
officer of the Amtrak Police Department, a law enforcement 
officer of the Federal Reserve, a law enforcement officer of 
the Federal Protective Service, or a law enforcement or police 
officer of the executive branch of the Federal Government 
qualifies as an employee of a governmental agency who is 
authorized by law to engage in or supervise the prevention, 
detection, investigation, or prosecution of, or the 
incarceration of any person for, any violation of law, and has 
statutory powers of arrest.

           *       *       *       *       *       *       *

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

           *       *       *       *       *       *       *

Subtitle I--Federal Property and Administrative Services

           *       *       *       *       *       *       *

CHAPTER 13--PUBLIC PROPERTY

           *       *       *       *       *       *       *

Sec. 1315. Law enforcement authority of Secretary of Homeland Security 
                    for protection of public property

    (a) * * *
    (b) Officers and Agents.--
          (1) * * *
          (2) Powers.--[While engaged in the performance of 
        official duties, an] An officer or agent designated 
        under this subsection may--
                  (A) * * *
                  (B) [carry firearms;] carry firearms on or 
                off duty;

           *       *       *       *       *       *       *

                                  

```