II 

Calendar No. 492 

112TH CONGRESS 

2D SESSION S. 772 

[Report No. 112–202] 

To protect Federal employees and visitors, improve the security of Federal 

facilities and authorize and modernize the Federal Protective Service. 

IN THE SENATE OF THE UNITED STATES 

APRIL 8, 2011 

Mr. LIEBERMAN (for himself, Ms. COLLINS, and Mr. AKAKA) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

AUGUST 2, 2012 

Reported by Mr. LIEBERMAN, with an amendment 

[Insert the part printed in italic] 

A BILL 

To protect Federal employees and visitors, improve the security of Federal facilities and authorize and modernize 

the Federal Protective Service. 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Supporting Employee 

3 Competency and Updating Readiness Enhancements for 

4 Facilities Act of 2012’’ or the ‘‘SECURE Facilities Act 

5 of 2012’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Homeland Security 

7 and Governmental Affairs of the Senate; 

8 (B) the Committee on Appropriations of 

9 the Senate; 

10 (C) the Committee on Homeland Security 

11 of the House of Representatives; 

12 (D) the Committee on Transportation and 

13 Infrastructure of the House of Representatives; 

14 and 

15 (E) the Committee on Appropriations of 

16 the House of Representatives. 

17 (2) DIRECTOR.—The term ‘‘Director’’ means 

18 the Director of the Federal Protective Service. 

19 (3) FACILITY USED FOR ACTIVITIES COVERED

20 UNDER THE ATOMIC ENERGY ACT OF 1954.—The 

21 term ‘‘facility used for activities covered under the 

22 Atomic Energy Act of 1954’’ means— 

23 (A) the Albuquerque National Nuclear Se24 curity Administration Service Center; 

25 (B) the Brookhaven National Laboratory 

26 and Brookhaven Site Office; 


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1 (C) the Argonne National Laboratory, the 

2 Argonne Site Office and the Chicago Service 

3 Center; 

4 (D) the Department of Energy Office of 

5 Secure Transportation, and associated field lo6 cations; 

7 (E) the Idaho National Laboratory and the 

8 Idaho Site Office; 

9 (F) the Kansas City Plant and the Kansas 

10 City Site Office; 

11 (G) the Pittsburgh Naval Reactors Office, 

12 Bettis Atomic Power Laboratory, Idaho Naval 

13 Reactors Facility, and the Knolls Atomic Power 

14 Laboratory; 

15 (H) the Nevada Site Office and the Ne16 vada National Security Site; 

17 (I) the Los Alamos National Laboratory 

18 and the Los Alamos Site Office; 

19 (J) the Lawrence Livermore National Lab20 oratory and Lawrence Livermore Site Office; 

21 (K) the National Energy Technology Lab22 oratory; 

23 (L) the Oak Ridge National Laboratory, 

24 Department of Energy Oak Ridge Office, and 


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1 the Department of Energy East Tennessee 

2 Technology Park; 

3 (M) the Pantex Plant and Pantex Site Of4 fice; 

5 (N) the Portsmouth Gaseous Diffusion 

6 Plant and Paducah Gaseous Diffusion Plant; 

7 (O) the Richland Operations Office and 

8 Hanford Site; 

9 (P) the Sandia National Laboratories and 

10 Sandia Site Office; 

11 (Q) the Strategic Petroleum Reserve 

12 Project Office and the Strategic Petroleum Re13 serve Sites; 

14 (R) the Savannah River Plant and the De15 partment of Energy Office of Environmental 

16 Management’s Savannah River Site Office; 

17 (S) the Savannah River National Labora18 tory; 

19 (T) the National Nuclear Security Admin20 istration’s National Savannah River Site Office, 

21 the Tritium Extraction Facility and Mixed 

22 Oxide Fuel Fabrication Facility; 

23 (U) the Waste Isolation Pilot Plant; and 


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1 (V) the National Nuclear Security Admin2 istration’s Y–12 Site Office and the Y–12 Na3 tional Security Complex. 

4 (4) FEDERAL FACILITY.—The term ‘‘Federal 

5 facility’’— 

6 (A) means any building and grounds and 

7 all property located in or on that building and 

8 grounds, that are owned, occupied or secured by 

9 the Federal Government, including any agency, 

10 instrumentality or wholly owned or mixed-own11 ership corporation of the Federal Government; 

12 and 

13 (B) does not include— 

14 (i) any building, grounds, or property 

15 used for military activities; or 

16 (ii) any facility used for activities cov17 ered under the Atomic Energy Act of 1954 

18 (42 U.S.C. 2011 et seq.). 

19 (5) FEDERAL PROTECTIVE SERVICE OFFICER.— 

20 The term ‘‘Federal protective service officer’’— 

21 (A) has the meaning given under sections 

22 8331 and 8401 of title 5, United States Code; 

23 and 

24 (B) includes any other employee of the 

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1 eral protective service officer authorized to 

2 carry firearms and make arrests by the Sec3 retary. 

4 (6) QUALIFIED CONSULTANT.—The term 

5 ‘‘qualified consultant’’ means a non-Federal entity 

6 with experience in homeland security, infrastructure 

7 protection and physical security, Government work8 force issues, and Federal human capital policies. 

9 (7) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Homeland Security. 

11 SEC. 3. FEDERAL PROTECTIVE SERVICE. 

12 (a) IN GENERAL.—Title II of the Homeland Security 

13 Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding 

14 at the end the following: 

15 ‘‘Subtitle E—Federal Protective 

16 Service 

17 ‘‘SEC. 241. DEFINITIONS. 

18 ‘‘In this subtitle: 

19 ‘‘(1) AGENCY.—The term ‘agency’ means an 

20 executive agency. 

21 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘appropriate congressional com23 mittees’ means— 

24 ‘‘(A) the Committee on Homeland Security 

25 and Governmental Affairs of the Senate; 


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1 ‘‘(B) the Committee on Appropriations of 

2 the Senate; 

3 ‘‘(C) the Committee on Homeland Security 

4 of the House of Representatives; 

5 ‘‘(D) the Committee on Transportation 

6 and Infrastructure of the House of Representa7 tives; and 

8 ‘‘(E) the Committee on Appropriations of 

9 the House of Representatives. 

10 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

11 the Director of the Federal Protective Service. 

12 ‘‘(4) FACILITY SECURITY LEVEL.—The term 

13 ‘facility security level’— 

14 ‘‘(A) means a rating of each Federal facil15 ity based on the analysis of several facility fac16 tors that provides a basis for that facility’s 

17 attractiveness as a target and potential effects 

18 or consequences of a criminal or terrorist at19 tack, which then serves as a basis for the imple20 mentation of certain levels of security protec21 tion; and 

22 ‘‘(B) is determined by the Federal Protec23 tive Service, the United States Marshals Service 

24 under section 566 of title 28, United States 

25 Code, or another agency authorized to provide 


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1 all protective services for a facility under the 

2 provisions of section 263 and guided by Inter3 agency Security Committee standards. 

4 ‘‘(5) FACILITY USED FOR ACTIVITIES COVERED

5 UNDER THE ATOMIC ENERGY ACT OF 1954.—The 

6 term ‘facility used for activities covered under the 

7 Atomic Energy Act of 1954’ means— 

8 ‘‘(A) the Albuquerque National Nuclear 

9 Security Administration Service Center; 

10 ‘‘(B) the Brookhaven National Laboratory 

11 and Brookhaven Site Office; 

12 ‘‘(C) the Argonne National Laboratory, the 

13 Argonne Site Office and the Chicago Service 

14 Center; 

15 ‘‘(D) the Department of Energy Office of 

16 Secure Transportation, and associated field lo17 cations; 

18 ‘‘(E) the Idaho National Laboratory and 

19 the Idaho Site Office; 

20 ‘‘(F) the Kansas City Plant and the Kan21 sas City Site Office; 

22 ‘‘(G) the Pittsburgh Naval Reactors Office, 

23 Bettis Atomic Power Laboratory, Idaho Naval 

24 Reactors Facility, and the Knolls Atomic Power 

25 Laboratory; 


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1 ‘‘(H) the Nevada Site Office and the Ne2 vada National Security Site; 

3 ‘‘(I) the Los Alamos National Laboratory 

4 and the Los Alamos Site Office; 

5 ‘‘(J) the Lawrence Livermore National 

6 Laboratory and Lawrence Livermore Site Of7 fice; 

8 ‘‘(K) the National Energy Technology 

9 Laboratory; 

10 ‘‘(L) the Oak Ridge National Laboratory, 

11 Department of Energy Oak Ridge Office, and 

12 the Department of Energy East Tennessee 

13 Technology Park; 

14 ‘‘(M) the Pantex Plant and Pantex Site 

15 Office; 

16 ‘‘(N) the Portsmouth Gaseous Diffusion 

17 Plant and Paducah Gaseous Diffusion Plant; 

18 ‘‘(O) the Richland Operations Office and 

19 Hanford Site; 

20 ‘‘(P) the Sandia National Laboratories and 

21 Sandia Site Office; 

22 ‘‘(Q) the Strategic Petroleum Reserve 

23 Project Office and the Strategic Petroleum Re24 serve Sites; 


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1 ‘‘(R) the Savannah River Plant and the 

2 Department of Energy Office of Environmental 

3 Management’s Savannah River Site Office; 

4 ‘‘(S) the Savannah River National Labora5 tory; 

6 ‘‘(T) the National Nuclear Security Ad7 ministration’s National Savannah River Site 

8 Office, the Tritium Extraction Facility and 

9 Mixed Oxide Fuel Fabrication Facility; 

10 ‘‘(U) the Waste Isolation Pilot Plant; and 

11 ‘‘(V) the National Nuclear Security Ad12 ministration’s Y–12 Site Office and the Y–12 

13 National Security Complex. 

14 ‘‘(6) FEDERAL FACILITY.—The term ‘Federal 

15 facility’— 

16 ‘‘(A) means any building and grounds and 

17 all property located in or on that building and 

18 grounds, that are owned, occupied or secured by 

19 the Federal Government, including any agency, 

20 instrumentality or wholly owned or mixed-own21 ership corporation of the Federal Government; 

22 and 

23 ‘‘(B) does not include— 

24 ‘‘(i) any building, grounds, or prop25 erty used for military activities; or 


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1 ‘‘(ii) any facility used for activities 

2 covered under the Atomic Energy Act of 

3 1954 (42 U.S.C. 2011 et seq.). 

4 ‘‘(7) FEDERAL FACILITY PROTECTED BY THE

5 FEDERAL PROTECTIVE SERVICE.—The term ‘Federal 

6 facility protected by the Federal Protective Serv7 ice’— 

8 ‘‘(A) means those facilities owned or leased 

9 by the General Services Administration, and 

10 other facilities at the discretion of the Sec11 retary; and 

12 ‘‘(B) does not include any facility, or por13 tion thereof, which the United States Marshals 

14 Service is responsible for under section 566 of 

15 title 28, United States Code. 

16 ‘‘(8) FEDERAL PROTECTIVE SERVICE OFFI17 CER.—The term ‘Federal protective service offi18 cer’— 

19 ‘‘(A) has the meaning given under sections 

20 8331 and 8401 of title 5, United States Code; 

21 and 

22 ‘‘(B) includes any other employee of the 

23 Federal Protective Service designated as a Fed24 eral protective service officer authorized to 


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1 carry firearms and make arrests by the Sec2 retary. 

3 ‘‘(9) INFRASTRUCTURE SECURITY CANINE

4 TEAM.—The term ‘infrastructure security canine 

5 team’ means a certified canine and a Federal protec6 tive service officer that are trained to detect explo7 sives or other threats as defined by the Secretary. 

8 ‘‘(10) IN-SERVICE FIELD STAFF.—The term ‘in9 service field staff’ means Federal Protective Service 

10 law enforcement officers who, while working, are di11 rectly engaged on a daily basis protecting and en12 forcing law at Federal facilities, including police offi13 cers, inspectors, area commanders and special 

14 agents, and such other equivalent positions as des15 ignated by the Secretary. 

16 ‘‘(11) SECURITY ORGANIZATION.—The term 

17 ‘security organization’ means an agency or an inter18 nal agency component responsible for security at a 

19 specific Federal facility. 

20 ‘‘SEC. 242. ESTABLISHMENT. 

21 ‘‘(a) ESTABLISHMENT.—There is established the 

22 Federal Protective Service within the Department. 

23 ‘‘(b) MISSION.—The mission of the Federal Protec24 tive Service is to render Federal facilities protected by the 


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1 Federal Protective Service safe and secure for Federal em2 ployees, contract employees, officers, and visitors. 

3 ‘‘(c) DIRECTOR.—The head of the Federal Protective 

4 Service shall be the Director of the Federal Protective 

5 Service. The Director shall report to the Under Secretary 

6 for the National Protection and Programs Directorate. 

7 ‘‘(d) DUTIES AND POWERS OF THE DIRECTOR.— 

8 ‘‘(1) IN GENERAL.—Subject to the supervision 

9 and direction of the Secretary, the Director shall be 

10 responsible for the management and administration 

11 of the Federal Protective Service and the employees 

12 and programs of the Federal Protective Service. 

13 ‘‘(2) PROTECTION.—The Director shall secure 

14 Federal facilities which are protected by the Federal 

15 Protective Service, and safeguard all occupants, in16 cluding Federal employees, contract employees, offi17 cers, and visitors. 

18 ‘‘(3) ENFORCEMENT POLICY.—The Director 

19 shall establish and direct the policies of the Federal 

20 Protective Service, and advise the Under Secretary 

21 for the National Protection and Programs Direc22 torate on policy matters relating to the protection of 

23 Federal facilities. 

24 ‘‘(4) TRAINING.—The Director shall— 


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1 ‘‘(A) determine the minimum level of train2 ing or certification for— 

3 ‘‘(i) employees of the Federal Protec4 tive Service; and 

5 ‘‘(ii) armed contract security guards 

6 at Federal facilities protected by the Fed7 eral Protective Service; and 

8 ‘‘(B) provide training, to members of a Fa9 cility Security Committee that meets the stand10 ards established by the Interagency Security 

11 Committee. 

12 ‘‘(5) INVESTIGATIONS.—The Director shall en13 sure violations of any Federal law affecting the secu14 rity of Federal facilities protected by the Federal 

15 Protective Service are investigated and referred for 

16 prosecution as appropriate. 

17 ‘‘(6) INSPECTIONS.—The Director shall inspect 

18 Federal facilities protected by the Federal Protective 

19 Service for the purpose of determining compliance 

20 with Federal security standards and making appro21 priate risk mitigation recommendations. 

22 ‘‘(7) PERSONNEL.—The Director shall provide 

23 adequate numbers of trained personnel to ensure 

24 Federal security standards are met. 


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1 ‘‘(8) INFORMATION SHARING.—The Director 

2 shall provide crime prevention, threat awareness, 

3 and intelligence information to the Administrator of 

4 General Services and tenants of Federal facilities. 

5 The Director shall ensure effective coordination and 

6 liaison with other Federal law enforcement agencies 

7 and State and local law enforcement agencies. 

8 ‘‘(9) PATROL.—The Director shall ensure areas 

9 in and around Federal facilities protected by the 

10 Federal Protective Service are patrolled by Federal 

11 Protective Service officers. 

12 ‘‘(10) SECURITY ASSESSMENT.—The Director 

13 shall ensure a security risk assessment is conducted 

14 for each Federal facility protected by the Federal 

15 Protective Service on a recurring basis and in ac16 cordance with standards established by the Inter17 agency Security Committee. 

18 ‘‘(11) EMERGENCY PLAN ASSISTANCE.—The 

19 Director shall— 

20 ‘‘(A) ensure each Federal facility protected 

21 by the Federal Protective Service has adequate 

22 plans for emergency situations; 

23 ‘‘(B) provide technical assistance to agen24 cies that are the tenant of a Federal facility 

25 protected by the Federal Protective Service in 


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1 developing plans described in subparagraph (A); 

2 and 

3 ‘‘(C) ensure plans described in subpara4 graph (A) are exercised in accordance with 

5 standards established by the Interagency Secu6 rity Committee. 

7 ‘‘(12) SECURITY COUNTERMEASURES.—The Di8 rector shall ensure and supervise the effective de9 sign, procurement, installation, maintenance, and 

10 operation of security countermeasures (including 

11 armed contract guards, electronic physical security 

12 systems, and weapons and explosives screening de13 vices) for Federal facilities protected by the Federal 

14 Protective Service. 

15 ‘‘(13) SUITABILITY ADJUDICATION OF GUARDS

16 AND BUILDING SERVICE CONTRACTORS.—The Direc17 tor shall ensure that— 

18 ‘‘(A) background investigations are con19 ducted for contract guards and building service 

20 contractors; and 

21 ‘‘(B) each contract guard and building 

22 service contractor is suitable for work in a Fed23 eral facility protected by the Federal Protective 

24 Service before being granted unescorted or re25 curring access. 


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1 ‘‘(14) PROTECTIVE SERVICE GUARD CON2 TRACTING.—The Director shall be responsible for all 

3 protective service guard contracting requirements for 

4 those facilities owned or leased by the General Serv5 ices Administration, and other facilities at the dis6 cretion of the Secretary. 

7 ‘‘(15) ASSISTANCE TO FACILITY SECURITY COM8 MITTEES.—The Director shall ensure coordination 

9 with and provide assistance to Facility Security 

10 Committees on matters relating to facilities, facility 

11 vulnerabilities, and potential consequences of an in12 cident. 

13 ‘‘SEC. 243. FULL-TIME EQUIVALENT EMPLOYEE REQUIRE14 MENTS. 

15 ‘‘(a) IN GENERAL.—The Secretary shall ensure that 

16 the Federal Protective Service maintains not fewer than 

17 1,371 full-time equivalent employees, including not fewer 

18 than 950 in-service field staff in fiscal year 2012. 

19 ‘‘(b) MINIMUM FULL-TIME EQUIVALENT EMPLOYEE

20 LEVEL.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

22 that the Federal Protective Service shall maintain at 

23 any time not fewer than 1,200 full-time equivalent 

24 employees, including not fewer than 900 in-service 

25 field staff. 


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1 ‘‘(2) REPORT.—In any fiscal year after fiscal 

2 year 2012 in which the number of full-time equiva3 lent employees of the Federal Protective Service is 

4 fewer than the number of full-time equivalent em5 ployees of the Federal Protective Service in the pre6 vious fiscal year, the Secretary shall submit a report 

7 to the appropriate congressional committees that 

8 provides— 

9 ‘‘(A) an explanation of the decrease in full10 time equivalent employees; and 

11 ‘‘(B) a revised model of the number of full12 time equivalent employees projected for future 

13 fiscal years. 

14 ‘‘(c) OFFSET REDUCTIONS.—In carrying out this sec15 tion, the Secretary shall ensure that the hiring of each full16 time equivalent employee is offset by a reduction of 1 full17 time equivalent employee in the Department. 

18 ‘‘SEC. 244. OVERSIGHT OF CONTRACT GUARD SERVICES. 

19 ‘‘(a) ARMED GUARD TRAINING REQUIREMENTS.— 

20 ‘‘(1) ESTABLISHMENT.—Not later than 180 

21 days after the date of enactment of the Supporting 

22 Employee Competency and Updating Readiness En23 hancements for Facilities Act of 2012, the Director 

24 shall establish minimum training requirements for 


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1 all armed guards procured by the Federal Protective 

2 Service. 

3 ‘‘(2) REQUIREMENTS.—Training requirements 

4 under this subsection shall include— 

5 ‘‘(A) at least 80 hours of instruction before 

6 a guard may be deployed, and at least 16 hours 

7 of recurrent training on an annual basis there8 after; and 

9 ‘‘(B) Federal Protective Service monitoring 

10 or provision of the initial training of armed 

11 guards procured by the Federal Protective 

12 Service of— 

13 ‘‘(i) at least 10 percent of the hours 

14 of required instruction in fiscal year 2011; 

15 ‘‘(ii) at least 15 percent of the hours 

16 of required instruction in fiscal year 2012; 

17 ‘‘(iii) at least 20 percent of the hours 

18 of required instruction in fiscal year 2013; 

19 and 

20 ‘‘(iv) at least 25 percent of the hours 

21 of required instruction in fiscal year 2014 

22 and each fiscal year thereafter. 

23 ‘‘(b) TRAINING AND SECURITY ASSESSMENT PRO24 GRAM.— 


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1 ‘‘(1) ESTABLISHMENT.—Not later than 180 

2 days after the date of enactment of the Supporting 

3 Employee Competency and Updating Readiness En4 hancements for Facilities Act of 2012, the Director 

5 shall establish a program to periodically assess— 

6 ‘‘(A) the training of guards for the security 

7 and protection of Federal facilities protected by 

8 the Federal Protective Service; and 

9 ‘‘(B) the security of Federal facilities pro10 tected by the Federal Protective Service. 

11 ‘‘(2) PROGRAM.—The program under this sub12 section shall include an assessment of— 

13 ‘‘(A) methods to test the training and cer14 tifications of guards; 

15 ‘‘(B) a remedial training program for 

16 guards; 

17 ‘‘(C) procedures for taking personnel ac18 tions, including processes for removing individ19 uals who fail to conform to the training or per20 formance requirements of the contract; and 

21 ‘‘(D) an overt and covert testing program 

22 for the purposes of assessing guard perform23 ance and other facility security counter24 measures. 


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1 ‘‘(3) REPORTS.—The Secretary shall annually 

2 submit a report to the appropriate congressional 

3 committees, in a classified manner, if necessary, on 

4 the results of the assessment of the overt and covert 

5 testing program of the Federal Protective Service. 

6 ‘‘(c) REVISION OF GUARD MANUAL AND POST OR7 DERS.— 

8 ‘‘(1) IN GENERAL.—Not later than 180 days 

9 after the date of enactment of the Supporting Em10 ployee Competency and Updating Readiness En11 hancements for Facilities Act of 2012, the Director, 

12 in consultation with the Administrator of General 

13 Services, shall— 

14 ‘‘(A) update the Security Guard Informa15 tion Manual and post orders for each guard 

16 post overseen by the Federal Protective Service; 

17 or 

18 ‘‘(B) certify to the Secretary that the Se19 curity Guard Information Manual and post or20 ders described under subparagraph (A) have 

21 been updated during the 1-year period pre22 ceding the date of enactment of the Supporting 

23 Employee Competency and Updating Readiness 

24 Enhancements for Facilities Act of 2012. 


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1 ‘‘(2) REVIEW AND UPDATE.—Beginning with 

2 the first calendar year following the date of enact3 ment of the Supporting Employee Competency and 

4 Updating Readiness Enhancements for Facilities Act 

5 of 2012, and every 2 years thereafter, the Director 

6 shall review and update the Security Guard Informa7 tion Manual and post orders for each guard post 

8 overseen by the Federal Protective Service. 

9 ‘‘(d) DATABASE OF GUARD SERVICE CONTRACTS.— 

10 The Director shall establish a database to monitor all con11 tracts for guard services. The database shall include infor12 mation relating to contract performance. 

13 ‘‘SEC. 245. INFRASTRUCTURE SECURITY CANINE TEAMS. 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) INCREASED CAPACITY.—Not later than 

16 180 days after the date of enactment of the Sup17 porting Employee Competency and Updating Readi18 ness Enhancements for Facilities Act of 2012, the 

19 Director shall— 

20 ‘‘(A) begin to increase the number of infra21 structure security canine teams certified by the 

22 Federal Protective Service for the purposes of 

23 infrastructure-related security by up to 15 ca24 nine teams in each of fiscal years 2012 through 

25 2015; and 


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1 ‘‘(B) encourage State and local govern2 ments and private owners of high-risk facilities 

3 to strengthen security through the use of highly 

4 trained infrastructure security canine teams. 

5 ‘‘(2) INFRASTRUCTURE SECURITY CANINE

6 TEAMS.—To the extent practicable, the Director 

7 shall increase the number of infrastructure security 

8 canine teams by— 

9 ‘‘(A) partnering with the Customs and 

10 Border Protection Canine Enforcement Pro11 gram and the Canine Training Center Front 

12 Royal, the Transportation Security Administra13 tion’s National Explosives Detection Canine 

14 Team Training Center, or other offices or agen15 cies within the Department with established ca16 nine training programs; 

17 ‘‘(B) partnering with agencies, State or 

18 local government agencies, nonprofit organiza19 tions, universities, or the private sector to in20 crease the training capacity for canine detection 

21 teams; or 

22 ‘‘(C) procuring explosives detection canines 

23 trained by nonprofit organizations, universities, 

24 or the private sector, if the canines are trained 

25 in a manner consistent with the standards and 


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1 requirements developed under subsection (b) or 

2 other criteria developed by the Secretary. 

3 ‘‘(b) STANDARDS FOR INFRASTRUCTURE SECURITY

4 CANINE TEAMS.— 

5 ‘‘(1) IN GENERAL.—The Director, in coordina6 tion with the Office of Infrastructure Protection, 

7 shall establish criteria, including canine training cur8 ricula, performance standards, and other require9 ments, necessary to ensure that infrastructure secu10 rity canine teams trained by nonprofit organizations, 

11 universities, and private sector entities are ade12 quately trained and maintained. 

13 ‘‘(2) EXPANSION.—In developing and imple14 menting the criteria, the Director shall— 

15 ‘‘(A) coordinate with key stakeholders, in16 cluding international, Federal, State, and local 

17 government officials, and private sector and 

18 academic entities to develop best practice guide19 lines; 

20 ‘‘(B) require that canine teams trained by 

21 nonprofit organizations, universities, or private 

22 sector entities that are used or made available 

23 by the Secretary be trained consistent with the 

24 criteria; and 


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1 ‘‘(C) review the status of the private sector 

2 programs on at least an annual basis to ensure 

3 compliance with the criteria. 

4 ‘‘(c) DEPLOYMENT.—The Director— 

5 ‘‘(1) shall use the additional canine teams in6 creased under subsection (a) to enhance security at 

7 Federal facilities; 

8 ‘‘(2) may use the additional canine teams in9 creased under subsection (a) on a more limited basis 

10 to support other homeland security missions; and 

11 ‘‘(3) may request canine teams from other 

12 agencies within the Department— 

13 ‘‘(A) for high-risk areas; 

14 ‘‘(B) to address specific threats; or 

15 ‘‘(C) on an as-needed basis. 

16 ‘‘(d) CANINE PROCUREMENT.—The Director, shall 

17 ensure that infrastructure security canine teams are pro18 cured as efficiently as possible and at the lowest cost, 

19 while maintaining the needed level of quality. 

20 ‘‘SEC. 246. CHECKPOINT DETECTION TECHNOLOGY STAND21 ARDS. 

22 ‘‘The Secretary, in coordination with the Interagency 

23 Security Committee, shall develop performance-based 

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1 sives and other threats at Federal facilities protected by 

2 the Federal Protective Service. 

3 ‘‘SEC. 247. COMPLIANCE OF FEDERAL FACILITIES WITH 

4 FEDERAL SECURITY STANDARDS. 

5 ‘‘(a) IN GENERAL.—The Secretary may assess secu6 rity charges to an agency that is the owner or the tenant 

7 of a Federal facility protected by the Federal Protective 

8 Service in addition to any security charge assessed under 

9 section 248 for the costs of necessary security counter10 measures if— 

11 ‘‘(1) the Secretary, in coordination with the 

12 Interagency Security Committee, determines a Fed13 eral facility to be in noncompliance with Federal se14 curity standards established by the Interagency Se15 curity Committee or a final determination regarding 

16 countermeasures made by the appeals board estab17 lished under section 262(h); and 

18 ‘‘(2) the Interagency Security Committee or the 

19 Director— 

20 ‘‘(A) provided notice to that agency and 

21 the Facility Security Committee of— 

22 ‘‘(i) the noncompliance; 

23 ‘‘(ii) the actions necessary to be in 

24 compliance; and 


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1 ‘‘(iii) the latest date on which such ac2 tions need to be taken; and 

3 ‘‘(B) the agency is not in compliance by 

4 that date. 

5 ‘‘(b) REPORT ON NONCOMPLIANT FACILITIES.—The 

6 Secretary shall submit a report to the appropriate congres7 sional committees, in a classified manner if necessary, of 

8 any facility determined to be in noncompliance with the 

9 Federal security standards established by the Interagency 

10 Security Committee. 

11 ‘‘SEC. 248. FEES FOR PROTECTIVE SERVICES. 

12 ‘‘(a) IN GENERAL.—The Secretary may assess and 

13 collect fees and security charges from agencies for the 

14 costs of providing protective services. 

15 ‘‘(b) DEPOSIT OF FEES.—Any fees or security 

16 charges paid under this section shall be deposited in the 

17 appropriations account under the heading ‘FEDERAL PRO18 TECTIVE SERVICES’ under the heading ‘NATIONAL PRO19 TECTION AND PROGRAMS DIRECTORATE’ of the Depart20 ment. 

21 ‘‘(c) ADJUSTMENT OF FEES.—The Director of the 

22 Office of Management and Budget shall adjust fees as 

23 necessary to carry out this subtitle. 


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1 ‘‘Subtitle F—Interagency Security 

2 Committee 

3 ‘‘SEC. 261. DEFINITIONS. 

4 ‘‘In this subtitle, the definitions under section 241 

5 shall apply. 

6 ‘‘SEC. 262. INTERAGENCY SECURITY COMMITTEE. 

7 ‘‘(a) ESTABLISHMENT.—There is established within 

8 the executive branch the Interagency Security Committee 

9 (in this subtitle referred to as the ‘Committee’) responsible 

10 for the development of safety and security standards and 

11 best practices to mitigate the effects of natural and man12 made hazards in Federal facilities. 

13 ‘‘(b) CHAIRPERSON.—The Committee shall be 

14 chaired by the Secretary, or the designee of the Secretary. 

15 The chairperson shall be responsible for the daily oper16 ations of the Committee and appeals board, final approval 

17 and enforcement of Committee standards, and the promul18 gation of regulations related to Federal facility security 

19 prescribed by the Committee. 

20 ‘‘(c) MEMBERSHIP.— 

21 ‘‘(1) VOTING MEMBERS.—The Committee shall 

22 consist of the following voting members: 

23 ‘‘(A) AGENCY REPRESENTATIVES.—Rep24 resentatives from the following agencies, ap25 pointed by the agency heads: 


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1 ‘‘(i) Department of Homeland Secu2 rity. 

3 ‘‘(ii) Department of State. 

4 ‘‘(iii) Department of the Treasury. 

5 ‘‘(iv) Department of Defense. 

6 ‘‘(v) Department of Justice. 

7 ‘‘(vi) Department of the Interior. 

8 ‘‘(vii) Department of Agriculture. 

9 ‘‘(viii) Department of Commerce. 

10 ‘‘(ix) Department of Labor. 

11 ‘‘(x) Department of Health and 

12 Human Services. 

13 ‘‘(xi) Department of Housing and 

14 Urban Development. 

15 ‘‘(xii) Department of Transportation. 

16 ‘‘(xiii) Department of Energy. 

17 ‘‘(xiv) Department of Education. 

18 ‘‘(xv) Department of Veterans Affairs. 

19 ‘‘(xvi) Environmental Protection 

20 Agency. 

21 ‘‘(xvii) Central Intelligence Agency. 

22 ‘‘(xviii) Office of Management and 

23 Budget. 

24 ‘‘(xix) General Services Administra25 tion. 


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1 ‘‘(B) OTHER OFFICERS.—The following 

2 Federal officers or the designees of those offi3 cers: 

4 ‘‘(i) The Director of the United States 

5 Marshals Service. 

6 ‘‘(ii) The Director. 

7 ‘‘(iii) The Assistant to the President 

8 for National Security Affairs. 

9 ‘‘(C) JUDICIAL BRANCH REPRESENTA10 TIVES.—A representative from the judicial 

11 branch appointed by the Chief Justice of the 

12 United States. 

13 ‘‘(2) ASSOCIATE MEMBERS.—The Committee 

14 shall include as associate members who shall be non15 voting members, representatives from the following 

16 agencies, appointed by the agency heads: 

17 ‘‘(A) Federal Aviation Administration. 

18 ‘‘(B) Federal Bureau of Investigation. 

19 ‘‘(C) Federal Deposit Insurance Corpora20 tion. 

21 ‘‘(D) Federal Emergency Management 

22 Agency. 

23 ‘‘(E) Federal Reserve Board. 

24 ‘‘(F) Internal Revenue Service. 


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1 ‘‘(G) National Aeronautics and Space Ad2 ministration. 

3 ‘‘(H) National Capital Planning Commis4 sion. 

5 ‘‘(I) National Institute of Standards & 

6 Technology. 

7 ‘‘(J) Nuclear Regulatory Commission. 

8 ‘‘(K) Office of Personnel Management. 

9 ‘‘(L) Securities and Exchange Commission. 

10 ‘‘(M) Social Security Administration. 

11 ‘‘(N) United States Coast Guard. 

12 ‘‘(O) United States Postal Service. 

13 ‘‘(P) United States Army Corps of Engi14 neers. 

15 ‘‘(Q) Court Services and Offender Super16 vision Agency. 

17 ‘‘(R) Any other Federal officers as the 

18 President shall appoint. 

19 ‘‘(3) GOVERNMENT ACCOUNTABILITY OFFICE.— 

20 The Comptroller General shall designate a represent21 ative to act as a liaison to the Committee. 

22 ‘‘(d) WORKING GROUPS.—The Committee may estab23 lish interagency working groups to perform such tasks as 

24 may be directed by the Committee. 


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1 ‘‘(e) CONSULTATION.—The Committee shall consult 

2 with other parties, including the Administrative Office of 

3 the United States Courts, to perform its responsibilities, 

4 and, at the discretion of the Chairperson of the Com5 mittee, such other parties may participate in the working 

6 groups. 

7 ‘‘(f) MEETINGS.—The Committee shall at a minimum 

8 meet quarterly. 

9 ‘‘(g) RESPONSIBILITIES.—The Committee shall— 

10 ‘‘(1) not later than 1 year after the date of en11 actment of the Supporting Employee Competency 

12 and Updating Readiness Enhancements for Facili13 ties Act of 2012, propose regulations to the Sec14 retary for promulgation under section 1315(c)(1) of 

15 title 40, United States Code— 

16 ‘‘(A) for determining facility security lev17 els, unless the Committee determines that simi18 lar regulations are issued by the Secretary be19 fore the end of that 180-day period; and 

20 ‘‘(B) to establish risk-based performance 

21 standards for the security of Federal facilities, 

22 unless the Committee determines that similar 

23 regulations are issued by the Secretary before 

24 the end of that 1-year period; 


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1 ‘‘(2) establish protocols for the testing of the 

2 compliance of Federal facilities with Federal security 

3 standards, including a mechanism for the initial and 

4 recurrent testing of Federal facilities; 

5 ‘‘(3) prescribe regulations to determine min6 imum levels of training and certification of contract 

7 guards; 

8 ‘‘(4) prescribe regulations to establish a list of 

9 prohibited items for entry into Federal facilities; 

10 ‘‘(5) establish minimum requirements and a 

11 process for providing basic security training for 

12 members of Facility Security Committees; and 

13 ‘‘(6) take such actions as may be necessary to 

14 enhance the quality and effectiveness of security and 

15 protection of Federal facilities, including— 

16 ‘‘(A) encouraging agencies with security 

17 responsibilities to share security-related intel18 ligence in a timely and cooperative manner; 

19 ‘‘(B) assessing technology and information 

20 systems as a means of providing cost-effective 

21 improvements to security in Federal facilities; 

22 ‘‘(C) developing long-term construction 

23 standards for those locations with threat levels 

24 or missions that require blast resistant struc25 tures or other specialized security requirements; 


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1 ‘‘(D) evaluating standards for the location 

2 of, and special security related to, day care cen3 ters in Federal facilities; and 

4 ‘‘(E) assisting the Secretary in developing 

5 and maintaining a secure centralized security 

6 database of all Federal facilities; and 

7 ‘‘(7) carry out such other duties as assigned by 

8 the President. 

9 ‘‘(h) APPEALS BOARD.— 

10 ‘‘(1) ESTABLISHMENT.—The Committee shall 

11 establish an appeals board to consider appeals from 

12 any Facility Security Committee or the Director of 

13 a— 

14 ‘‘(A) facility security level determination; 

15 ‘‘(B) Facility Security Committee decision 

16 to disapprove a determination for necessary 

17 countermeasures or physical security improve18 ments if the Director considered such a decision 

19 a grave risk to the facility or its occupants; or 

20 ‘‘(C) determination of noncompliance with 

21 Federal facility security standards. 

22 ‘‘(2) MEMBERSHIP.— 

23 ‘‘(A) IN GENERAL.—The appeals board 

24 shall consist of 7 members of the Committee, of 

25 whom— 


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1 ‘‘(i) 1 shall be designated by the Sec2 retary; 

3 ‘‘(ii) 4 shall be selected by the voting 

4 members of the Committee; and 

5 ‘‘(iii) 2 shall be selected by the voting 

6 members of the Committee to serve as al7 ternates in the case of recusal by a mem8 ber of the appeals board. 

9 ‘‘(B) RECUSAL.—An appeals board mem10 ber shall recuse himself or herself from any ap11 peal from an agency which that member rep12 resents. 

13 ‘‘(3) FINAL APPEAL.—A decision of the appeals 

14 board is final and shall not be subject to administra15 tive or judicial review. 

16 ‘‘(i) AGENCY SUPPORT AND COOPERATION.— 

17 ‘‘(1) ADMINISTRATIVE SUPPORT.— 

18 ‘‘(A) IN GENERAL.—To the extent per19 mitted by law and subject to the availability of 

20 appropriations, the Secretary shall provide the 

21 Committee such administrative services, funds, 

22 facilities, staff and other support services as 

23 may be necessary for the performance of the 

24 functions of the Committee under this subtitle. 


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1 ‘‘(B) AUTHORIZATION OF APPROPRIA2 TIONS.—There are authorized to be appro3 priated to the Department such sums as nec4 essary to carry out the provisions of this para5 graph. 

6 ‘‘(2) COOPERATION AND COMPLIANCE.— 

7 ‘‘(A) IN GENERAL.—Each agency shall co8 operate and comply with the policies, standards, 

9 and determinations of the Committee. 

10 ‘‘(B) SUPPORT.—To the extent permitted 

11 by law and subject to the availability of appro12 priations, agencies shall provide such support as 

13 may be necessary to enable the Committee to 

14 perform the duties and responsibilities of the 

15 Committee. 

16 ‘‘(3) COMPLIANCE.—The Secretary shall be re17 sponsible for monitoring agency compliance with the 

18 policies and determinations of the Committee. 

19 ‘‘(j) AUTHORIZATION.—There are authorized to be 

20 appropriated to the Department such sums as necessary 

21 to carry out the provisions of this section. 

22 ‘‘SEC. 263. AUTHORIZATION OF AGENCIES TO PROVIDE 

23 PROTECTIVE SERVICES. 

24 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

25 with the Committee, shall establish a process to authorize 


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1 an agency to provide protective services for a Federal facil2 ity instead of the Federal Protective Service. 

3 ‘‘(b) LAW ENFORCEMENT AUTHORITY.—The Federal 

4 Protective Service shall retain the law enforcement au5 thorities of the Federal Protective Service at any Federal 

6 facilities where an exemption is approved under subsection 

7 (a). 

8 ‘‘(c) REQUIREMENTS.—Except as provided under 

9 subsection (d), the process under subsection (a) shall— 

10 ‘‘(1) provide that— 

11 ‘‘(A) an agency may submit an application 

12 to the Secretary for an authorization; 

13 ‘‘(B) an authorization shall be for a 2-year 

14 period; 

15 ‘‘(C) an authorization may be renewed; 

16 and 

17 ‘‘(D) not later than 60 days after an agen18 cy submits an application to the Secretary for 

19 an authorization, the Secretary shall respond to 

20 the agency; and 

21 ‘‘(2) require an agency to— 

22 ‘‘(A) demonstrate security expertise; 

23 ‘‘(B) possess law enforcement authority; 

24 ‘‘(C) provide sufficient information through 

25 a security plan that the agency shall be in comVerDate Mar 15 2010 02:33 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S772.RS S772

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1 pliance with the Federal security standards of 

2 the Committee; and 

3 ‘‘(D) submit a cost benefit analysis dem4 onstrating savings to be realized. 

5 ‘‘(d) AUTHORIZATION FOR CERTAIN DEPARTMENT

6 OF ENERGY FACILITIES.—Nothing in this section shall— 

7 ‘‘(1) alter authorizations in effect as of the date 

8 of enactment of the Supporting Employee Com9 petency and Updating Readiness Enhancements for 

10 Facilities Act of 2012 that have been provided to the 

11 Department of Energy for headquarters facilities lo12 cated in Washington, DC, and Germantown, Mary13 land; or 

14 ‘‘(2) preclude the Secretary and the Secretary 

15 of Energy from renegotiating the terms of the au16 thorizations for the Department of Energy head17 quarters facilities located in Washington, DC, and 

18 Germantown, Maryland, without regard to the re19 quirements of subsection (c). 

20 ‘‘SEC. 264. FACILITY SECURITY COMMITTEES. 

21 ‘‘(a) IN GENERAL.— 

22 ‘‘(1) MAINTENANCE OF FACILITY SECURITY

23 COMMITTEES.—Except as provided under paragraph 

24 (2), the agencies that are tenants at each Federal 

25 facility shall maintain a Facility Security Committee 


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1 for that Federal facility. Each agency that is a ten2 ant at a Federal facility shall provide 1 employee to 

3 serve as a member of the Facility Security Com4 mittee. 

5 ‘‘(2) EXEMPTIONS.—The Secretary may exempt 

6 a Federal facility from the requirement under para7 graph (1), if that Federal facility is authorized 

8 under section 263 to provide protective services. 

9 ‘‘(b) CHAIRPERSON.— 

10 ‘‘(1) IN GENERAL.—Each Facility Security 

11 Committee shall be headed by a chairperson, elected 

12 by a majority of the members of the Facility Secu13 rity Committee. 

14 ‘‘(2) RESPONSIBILITIES.—The chairperson shall 

15 be responsible for— 

16 ‘‘(A) maintaining accurate contact infor17 mation for agency tenants and providing that 

18 information, including any updates, to the Fed19 eral Protective Service or designated security 

20 organization; 

21 ‘‘(B) setting the agenda for Facility Secu22 rity Committee meetings; 

23 ‘‘(C) referring Facility Security Committee 

24 member questions to Federal Protective Service 


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1 or designated security organization for re2 sponse; 

3 ‘‘(D) reviewing a security assessment com4 pleted by the Federal Protective Service or des5 ignated security organization representatives 

6 and, if requested by the Federal Protective 

7 Service or designated security organization, ac8 companying the representatives during on-site 

9 facility security assessments; 

10 ‘‘(E) maintaining an official record of each 

11 meeting; 

12 ‘‘(F) acknowledging receipt of the facility 

13 security assessment from Federal Protective 

14 Service or designated security organization; 

15 ‘‘(G) maintaining records of training of or 

16 waivers for members of the Facility Security 

17 Committee; and 

18 ‘‘(H) any other duties as determined by 

19 the Interagency Security Committee. 

20 ‘‘(c) TRAINING FOR MEMBERS.— 

21 ‘‘(1) IN GENERAL.—Except as provided under 

22 paragraphs (3) and (4), before serving as a member 

23 of a Facility Security Committee, an employee shall 

24 successfully complete a training course that meets a 


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1 minimum standard of training as established by the 

2 Interagency Security Committee. 

3 ‘‘(2) TRAINING.—Training under this sub4 section shall— 

5 ‘‘(A) be provided by the Federal Protective 

6 Service or designated security organization, in 

7 accordance with standards established by the 

8 Interagency Security Committee; 

9 ‘‘(B) be commensurate with the security 

10 level of the facility; and 

11 ‘‘(C) include training relating to— 

12 ‘‘(i) familiarity with published stand13 ards of the Interagency Security Com14 mittee; 

15 ‘‘(ii) physical security criteria for Fed16 eral facilities; 

17 ‘‘(iii) use of physical security perform18 ance measures; 

19 ‘‘(iv) facility security levels determina20 tions; 

21 ‘‘(v) best practices for safe mail han22 dling; 

23 ‘‘(vi) knowledge of an occupant emer24 gency plan, the facility security assessment 


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1 process, and the facility countermeasures 

2 plan; and 

3 ‘‘(vii) the role of the Federal Protec4 tive Service or designated security organi5 zation and the General Services Adminis6 tration. 

7 ‘‘(3) WAIVERS.—The training requirement 

8 under this subsection may be waived by the Direc9 tor, the head of a designated security organization, 

10 or the Chairperson of the Interagency Security Com11 mittee if the Director, the head of the designated se12 curity organization, or the Chairperson determines 

13 that an employee has related experience in physical 

14 security, law enforcement, or infrastructure security 

15 disciplines. 

16 ‘‘(4) INCUMBENT MEMBERS.— 

17 ‘‘(A) IN GENERAL.—This subsection shall 

18 apply to any Facility Security Committee estab19 lished before, on, or after the date of enactment 

20 of the Supporting Employee Competency and 

21 Updating Readiness Enhancements for Facili22 ties Act of 2012, except that any member of a 

23 Facility Security Committee serving on that 

24 date shall during the 1-year period following 

25 that date— 


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1 ‘‘(i) successfully complete a training 

2 course as required under paragraph (1); or 

3 ‘‘(ii) obtain a waiver under paragraph 

4 (3). 

5 ‘‘(B) COMPLIANCE.—Any member of a Fa6 cility Security Committee described under sub7 paragraph (A) who does not comply with that 

8 subparagraph may not serve on that Facility 

9 Security Committee. 

10 ‘‘(d) MEETINGS AND QUORUM.— 

11 ‘‘(1) MEETINGS.—Each Facility Security Com12 mittee shall meet on a quarterly basis, or more fre13 quently if determined appropriate by the chair14 person. 

15 ‘‘(2) QUORUM.—A majority of the members of 

16 a Facility Security Committee shall be present for a 

17 quorum to conduct business. 

18 ‘‘(e) APPEAL.— 

19 ‘‘(1) IN GENERAL.—If a Facility Security Com20 mittee disagrees with a determination of a facility 

21 security level or a determination of noncompliance 

22 with Federal security standards, the Chairperson of 

23 a Facility Security Committee may file an appeal of 

24 the determination with the Interagency Security 

25 Committee appeals board. 


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1 ‘‘(2) DECISION TO APPEAL.—The decision to 

2 file an appeal shall be agreed to by a majority of the 

3 members of a Facility Security Committee. 

4 ‘‘(3) MATTERS SUBJECT TO APPEAL.—A deter5 mination of the Federal Protective Service may be 

6 appealed under this subsection, including any deter7 mination relating to— 

8 ‘‘(A) countermeasure improvements; 

9 ‘‘(B) facility security assessment findings; 

10 and 

11 ‘‘(C) facility security levels.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

13 The table of contents for the Homeland Security Act of 

14 2002 is amended by inserting after the matter relating 

15 to title II the following: 

‘‘Subtitle E—Federal Protective Service 

‘‘Sec. 241. Definitions. 

‘‘Sec. 242. Establishment. 

‘‘Sec. 243. Full-time equivalent employee requirements. 

‘‘Sec. 244. Oversight of contract guard services. 

‘‘Sec. 245. Infrastructure Security Canine Teams. 

‘‘Sec. 246. Checkpoint detection technology standards. 

‘‘Sec. 247. Compliance of Federal facilities with Federal security standards. 

‘‘Sec. 248. Fees for protective services. 

‘‘Subtitle F—Interagency Security Committee 

‘‘Sec. 261. Definitions. 

‘‘Sec. 262. Interagency Security Committee. 

‘‘Sec. 263. Authorization of agencies to provide protective services. 

‘‘Sec. 264. Facility security committees.’’. 


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1 SEC. 4. FEDERAL PROTECTIVE SERVICE OFFICERS OFF2 DUTY CARRYING OF FIREARMS. 

3 (a) LAW ENFORCEMENT AUTHORITY OF SECRETARY

4 OF HOMELAND SECURITY.—Section 1315(b)(2) of title 

5 40, United States Code, is amended— 

6 (1) in the matter preceding subparagraph (A), 

7 by striking ‘‘While engaged in the performance of of8 ficial duties, an’’ and inserting ‘‘An’’; and 

9 (2) in subparagraph (B), by striking ‘‘carry 

10 firearms;’’ and inserting ‘‘carry firearms on or off 

11 duty;’’. 

12 (b) CARRYING CONCEALED FIREARMS.—Section 

13 926B(f) of title 18, United States Code, is amended by 

14 inserting ‘‘, a law enforcement officer of the Federal Pro15 tective Service’’ after ‘‘Federal Reserve,’’. 

16 SEC. 5. CIVIL SERVICE RETIREMENT SYSTEM AND FED17 ERAL EMPLOYEES RETIREMENT SYSTEM. 

18 (a) CIVIL SERVICE RETIREMENT SYSTEM.— 

19 (1) DEFINITION.—Section 8331 of title 5, 

20 United States Code is amended— 

21 (A) in paragraph (30), by striking ‘‘and’’ 

22 at the end; 

23 (B) in paragraph (31), by striking the pe24 riod and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(32) ‘Federal protective service officer’ means 

2 an employee in the Federal Protective Service of the 

3 Department of Homeland Security— 

4 ‘‘(A) who holds a position within the GS– 

5 0083, GS–0080, GS–1801, or GS–1811 job se6 ries (determined applying the criteria in effect 

7 as of September 1, 2007) or any successor posi8 tion; and 

9 ‘‘(B) who are authorized to carry firearms 

10 and empowered to make arrests in the perform11 ance of duties related to the protection of build12 ings, grounds and property that are owned, oc13 cupied, or secured by the Federal Government 

14 (including any agency, instrumentality or wholly 

15 owned or mixed-ownership corporation thereof) 

16 and the persons on the property, including any 

17 such employee who is transferred directly to a 

18 supervisory or administrative position in the 

19 Department of Homeland Security after per20 forming such duties in 1 or more positions (as 

21 described under subparagraph (A)) for at least 

22 3 years.’’. 

23 (2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS24 ITS.—Section 8334 of title 5, United States Code, is 

25 amended— 


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1 (A) in subsection (a)(1)(A), by inserting 

2 ‘‘Federal protective service officer,’’ before ‘‘or 

3 customs and border protection officer,’’; and 

4 (B) in the table contained in subsection 

5 (c), by adding at the end the following: 

‘‘Federal Protective Service Officer 7.5 On and after the effective date 

under section 5(e)(1) of the 

SECURE Facilities Act of 

2012.’’. 

6 (3) MANDATORY SEPARATION.—The first sen7 tence of section 8335(b)(1) of title 5, United States 

8 Code, is amended by inserting ‘‘Federal protective 

9 service officer,’’ before ‘‘or customs and border pro10 tection officer,’’. 

11 (4) IMMEDIATE RETIREMENT.—Section 8336 of 

12 title 5, United States Code, is amended— 

13 (A) in subsection (c)(1), by inserting ‘‘Fed14 eral protective service officer,’’ before ‘‘or cus15 toms and border protection officer,’’; and 

16 (B) in subsections (m) and (n), by insert17 ing ‘‘as a Federal protective service officer,’’ be18 fore ‘‘or as a customs and border protection of19 ficer,’’. 

20 (b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.— 

21 (1) DEFINITION.—Section 8401 of title 5, 

22 United States Code, is amended— 


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1 (A) in paragraph (36), by striking ‘‘and’’ 

2 at the end; 

3 (B) in paragraph (37), by striking the pe4 riod and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(38) ‘Federal protective service officer’ means 

7 an employee in the Federal Protective Service of the 

8 Department of Homeland Security— 

9 ‘‘(A) who holds a position within the GS– 

10 0083, GS–0080, GS–1801, or GS–1811 job se11 ries (determined applying the criteria in effect 

12 as of September 1, 2007) or any successor posi13 tion; and 

14 ‘‘(B) who are authorized to carry firearms 

15 and empowered to make arrests in the perform16 ance of duties related to the protection of build17 ings, grounds and property that are owned, oc18 cupied, or secured by the Federal Government 

19 (including any agency, instrumentality or wholly 

20 owned or mixed-ownership corporation thereof) 

21 and the persons on the property, including any 

22 such employee who is transferred directly to a 

23 supervisory or administrative position in the 

24 Department of Homeland Security after per25 forming such duties in 1 or more positions (as 


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1 described under subparagraph (A)) for at least 

2 3 years.’’. 

3 (2) IMMEDIATE RETIREMENT.—Paragraphs (1) 

4 and (2) of section 8412(d) of title 5, United States 

5 Code, are amended by inserting ‘‘Federal protective 

6 service officer,’’ before ‘‘or customs and border pro7 tection officer,’’. 

8 (3) COMPUTATION OF BASIC ANNUITY.—Section 

9 8415(i)(2) of title 5, United States Code, is amend10 ed by inserting ‘‘Federal protective service officer,’’ 

11 before ‘‘or customs and border protection officer,’’. 

12 (4) DEDUCTIONS FROM PAY.—Section 

13 8422(a)(3) of title 5, United States Code, is amend14 ed— 

15 (A) in the table contained in subparagraph 

16 (A), by adding at the end the following: 

‘‘Federal Protective Service Officer 7.5 On and after the effective date 

under section 5(e)(1) of the 

SECURE Facilities Act of 

2012.’’; and 

17 (B) in the table contained in subparagraph 

18 (B), by adding at the end the following: 

‘‘Federal Protective Service Officer 9.8 On and after the effective date 

under section 5(e)(1) of the 

SECURE Facilities Act of 

2012.’’. 

19 (5) GOVERNMENT CONTRIBUTIONS.—Para20 graphs (1)(B)(i) and (3) of section 8423(a) of title 

21 5, United States Code, are amended by inserting 


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1 ‘‘Federal protective service officers,’’ before ‘‘cus2 toms and border protection officers,’’ each place that 

3 term appears. 

4 (6) MANDATORY SEPARATION.—Section 

5 8425(b)(1) of title 5, United States Code, is amend6 ed— 

7 (A) by inserting ‘‘Federal protective service 

8 officer,’’ before ‘‘or customs and border protec9 tion officer,’’ the first place that term appears; 

10 and 

11 (B) inserting ‘‘Federal protective service 

12 officer,’’ before ‘‘or customs and border protec13 tion officer,’’ the second place that term ap14 pears. 

15 (c) MAXIMUM AGE FOR ORIGINAL APPOINTMENT.— 

16 Section 3307 of title 5, United States Code, is amended 

17 by adding at the end the following: 

18 ‘‘(h) The Secretary of Homeland Security may deter19 mine and fix the maximum age limit for an original ap20 pointment to a position as a Federal protective service of21 ficer, as defined by section 8401(38).’’. 

22 (d) REGULATIONS.—Any regulations necessary to 

23 carry out the amendments made by this section shall be 

24 prescribed by the Director of the Office of Personnel Man25 agement in consultation with the Secretary. 


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1 (e) EFFECTIVE DATE; TRANSITION RULES; FUND2 ING.— 

3 (1) EFFECTIVE DATE.—The amendments made 

4 by this section shall become effective on the later of 

5 December 31, 2012 or the first day of the first pay 

6 period beginning at least 6 months after the date of 

7 enactment of this Act. 

8 (2) TRANSITION RULES.— 

9 (A) NONAPPLICABILITY OF MANDATORY

10 SEPARATION PROVISIONS TO CERTAIN INDIVID11 UALS.—The amendments made by subsections 

12 (a)(3) and (b)(6), respectively, shall not apply 

13 to an individual first appointed as a Federal 

14 protective service officer before the effective 

15 date under paragraph (1). 

16 (B) TREATMENT OF PRIOR FEDERAL PRO17 TECTIVE SERVICE OFFICER SERVICE.— 

18 (i) GENERAL RULE.—Except as pro19 vided in clause (ii), nothing in this section 

20 shall be considered to apply with respect to 

21 any service performed as a Federal protec22 tive service officer before the effective date 

23 under paragraph (1). 

24 (ii) EXCEPTION.—Service described in 

25 section 8331(32) and 8401(38) of title 5, 


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1 United States Code (as amended by this 

2 section) rendered before the effective date 

3 under paragraph (1) may be taken into ac4 count to determine if an individual who is 

5 serving on or after such effective date then 

6 qualifies as a Federal protective service of7 ficer by virtue of holding a supervisory or 

8 administrative position in the Department 

9 of Homeland Security. 

10 (C) MINIMUM ANNUITY AMOUNT.—The an11 nuity of an individual serving as a Federal pro12 tective service officer on the effective date 

13 under paragraph (1) pursuant to an appoint14 ment made before that date shall, to the extent 

15 that its computation is based on service ren16 dered as a Federal protective service officer on 

17 or after that date, be at least equal to the 

18 amount that would be payable to the extent 

19 that such service is subject to the Civil Service 

20 Retirement System or Federal Employees Re21 tirement System, as appropriate, by applying 

22 section 8339(d) of title 5, United States Code, 

23 with respect to such service. 

24 (D) RULE OF CONSTRUCTION.—Nothing in 

25 the amendment made by subsection (c) shall be 


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1 considered to apply with respect to any appoint2 ment made before the effective date under para3 graph (1). 

4 (3) FEES AND AUTHORIZATIONS OF APPROPRIA5 TIONS.— 

6 (A) FEES.—The Director of the Office of 

7 Management and Budget shall adjust fees as 

8 necessary to ensure collections are sufficient to 

9 carry out amendments made in this section. 

10 (B) AUTHORIZATION OF APPROPRIA11 TIONS.—There are authorized to be appro12 priated such sums as are necessary to carry out 

13 this section. 

14 (4) ELECTION.— 

15 (A) INCUMBENT DEFINED.—For purposes 

16 of this paragraph, the term ‘‘incumbent’’ means 

17 an individual who is serving as a Federal pro18 tective service officer on the date of the enact19 ment of this Act. 

20 (B) NOTICE REQUIREMENT.—Not later 

21 than 30 days after the date of enactment of 

22 this Act, the Director of the Office of Personnel 

23 Management shall take measures reasonably de24 signed to ensure that incumbents are notified 

25 as to their election rights under this paragraph, 


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1 and the effect of making or not making a time2 ly election. 

3 (C) ELECTION AVAILABLE TO INCUM4 BENTS.— 

5 (i) IN GENERAL.—An incumbent may 

6 elect, for all purposes, either— 

7 (I) to be treated in accordance 

8 with the amendments made by sub9 section (a) or (b), as applicable; or 

10 (II) to be treated as if sub11 sections (a) and (b) had never been 

12 enacted. 

13 (ii) FAILURE TO MAKE A TIMELY

14 ELECTION.—Failure to make a timely elec15 tion under clause (i) shall be treated in the 

16 same way as an election made under clause 

17 (i)(I) on the last day allowable under 

18 clause (iii). 

19 (iii) DEADLINE.—An election under 

20 this subparagraph shall not be effective 

21 unless it is made at least 14 days before 

22 the effective date under paragraph (1). 

23 (5) DEFINITION.—For the purposes of this sub24 section, the term ‘‘Federal protective service officer’’ 

25 has the meaning given such term by section 


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1 8331(32) or 8401(38) of title 5, United States Code 

2 (as amended by this section). 

3 (6) EXCLUSION.—Nothing in this section or 

4 any amendment made by this section shall be consid5 ered to afford any election or to otherwise apply with 

6 respect to any individual who, as of the day before 

7 the date of the enactment of this Act— 

8 (A) holds a position within the Federal 

9 Protective Service; and 

10 (B) is considered a law enforcement officer 

11 for purposes of subchapter III of chapter 83 or 

12 chapter 84 of title 5, United States Code, by 

13 virtue of such position. 

14 SEC. 6. REPORT ON FEDERAL PROTECTIVE SERVICE PER15 SONNEL NEEDS. 

16 (a) IN GENERAL.—Not later than 90 days after the 

17 date of enactment of this Act, the Secretary shall submit 

18 a report to the appropriate congressional committees on 

19 the personnel needs of the Federal Protective Service that 

20 includes recommendations on the numbers of Federal pro21 tective service officers and the workforce composition of 

22 the Federal Protective Service needed to carry out the 

23 mission of the Federal Protective Service during the 10- 

24 fiscal year period beginning after the date of enactment 

25 of this Act. 


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1 (b) REVIEW AND COMMENT.—The Secretary shall 

2 provide the report prepared under this section to a quali3 fied consultant for review and comment, before submitting 

4 the report to the appropriate congressional committees. 

5 The Secretary shall provide the comments of the qualified 

6 consultant to the appropriate congressional committee 

7 with the report. 

8 SEC. 7. REPORT ON RETENTION RATE FEDERAL PROTEC9 TIVE SERVICE CONTRACT GUARD WORK10 FORCE. 

11 Not later than 90 days after the date of enactment 

12 of this Act, the Secretary shall submit a report to the ap13 propriate congressional committees on— 

14 (1) retention rates within the Federal Protec15 tive Service contract guard workforce; and 

16 (2) how the retention rate affects the costs and 

17 operations of the Federal Protective Service and the 

18 security of Federal facilities. 

19 SEC. 8. REPORT ON THE FEASIBILITY OF FEDERALIZING 

20 THE FEDERAL PROTECTIVE SERVICE CON21 TRACT GUARD WORKFORCE. 

22 (a) IN GENERAL.—Not later than 1 year after the 

23 date of enactment of this Act, the Secretary shall submit 

24 to the appropriate congressional committees a report on 


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1 the feasibility of federalizing the Federal Protective Serv2 ice contract guard workforce. 

3 (b) REVIEW AND COMMENT.—The Secretary shall 

4 provide the report prepared under this section to a quali5 fied consultant for review and comment, before submitting 

6 the report to the appropriate congressional committees. 

7 The Secretary shall provide the comments of the qualified 

8 consultant to the appropriate congressional committee 

9 with the report. 

10 (c) CONTENTS.—The report under this section shall 

11 include an evaluation of— 

12 (1) converting in its entirety, or in part, the 

13 Federal Protective Service contract workforce into 

14 full-time Federal employees, including an option to 

15 post a full-time equivalent Federal protective service 

16 officer at each Federal facility that on the date of 

17 enactment of this Act has a contract guard stationed 

18 at that facility; 

19 (2) the immediate and projected costs of the 

20 conversion; 

21 (3) the immediate and projected costs of main22 taining guards under contract status and of main23 taining full-time Federal employee guards; 

24 (4) the potential increase in security if con25 verted, including an analysis of using either a FedVerDate Mar 15 2010 02:33 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S772.RS S772

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1 eral security guard, Federal police officer, or Fed2 eral protective service officer instead of a contract 

3 guard; 

4 (5) the hourly and annual costs of contract 

5 guards and the Federal counterparts of those 

6 guards, including an assessment of costs associated 

7 with all benefits provided to the Federal counter8 parts; and 

9 (6) a comparison of similar conversions of large 

10 groups of contracted workers and potential benefits 

11 and challenges. 

12 SEC. 9. REPORT ON AGENCY FUNDING. 

13 Not later than 180 days after the date of enactment 

14 of this Act, the Secretary shall submit to the appropriate 

15 congressional committees a report on the method of fund16 ing for the Federal Protective Service, which shall include 

17 recommendations regarding whether the Federal Protec18 tive Service should continue to be funded by a collection 

19 of fees and security charges, be funded by appropriations, 

20 or be funded by a combination of fees, security charges, 

21 and appropriations. 

22 SEC. 10. REPORT ON PREVENTING EXPLOSIVES FROM EN23 TERING FEDERAL FACILITIES. 

24 Not later than 1 year after the date of enactment 

25 of this Act, the Secretary shall submit a report to the apVerDate Mar 15 2010 02:33 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S772.RS S772

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1 propriate congressional committees on the feasibility, ef2 fectiveness, safety and privacy implications of the use or 

3 potential use of available methods to detect or prevent ex4 plosives from entering Federal facilities, including the use 

5 of additional canine teams, advanced imaging technology, 

6 or other technology or methods for detecting explosives. 

7 SEC. 11. SAVINGS CLAUSE. 

8 Nothing in this Act, including the amendments made 

9 by this Act, shall be construed to affect— 

10 (1) the authorities under section 566 of title 28, 

11 United States Code; 

12 (2) the authority of any Federal law enforce13 ment agency other than the Federal Protective Serv14 ice; or 

15 (3) any authority of the Federal Protective 

16 Service not specifically enumerated by this Act that 

17 is in effect on the day before the date of enactment 

18 of this Act. 


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Calendar No. 492 

112TH CONGRESS 

2D SESSION S. 772 

[Report No. 112–202] 

A BILL 

To protect Federal employees and visitors, improve 

and modernize the Federal Protective Service. the security of Federal facilities and authorize 

AUGUST 2, 2012 

Reported with an amendment 


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