SECURE Facilities Act of 2012

Bill: 112-s-772
Sponsor: Sen. Lieberman, Joseph I. [ID-CT]
Introduced: 2011-04-08 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative remedies
Congressional oversight
Criminal investigation, prosecution, interrogation
Department of Homeland Security
Energy research
Executive agency funding and structure
Firearms and explosives
Government buildings, facilities, and property
Government employee pay, benefits, personnel management
Law enforcement officers
Nuclear weapons
Performance measurement
Service animals
User charges and fees

Summary:
action_date: 2011-04-08
text: 
Supporting Employee Competency and Updating Readiness Enhancements for Facilities Act of 2011 or the SECURE Facilities Act of 2011 - Amends the Homeland Security Act of 2002 to modify requirements relating to the Federal Protective Service (FPS) and the Interagency Security Committee (ISC) and to provide for the security of federal facilities, including facilities used for activities covered under the Atomic Energy Act of 1954.
 
Requires the Director of FPS to: (1) secure federal facilities protected by FPS and safeguard all occupants, (2) provide adequate numbers of trained personnel to ensure that federal security standards are met, and (3) ensure that areas in and around such facilities are regularly patrolled by FPS officers.
 
Requires the Secretary of Homeland Security to ensure that FPS maintains not fewer than 1,371 full-time equivalent employees in FY 2012, including not fewer than 950 in-service field staff.
 
Requires the Director to: (1) establish minimum training requirements for all armed contract security guards procured by FPS, (2) establish a program to periodically assess the training of guards and the security of federal facilities, (3) update the Security Guard Information Manual and post orders within 180 days and every 2 years thereafter, (4) establish a database to monitor all contracts for guard services, and (5) increase the number of infrastructure security canine teams by up to 15 teams in each of FY2012-FY2015.
 
Directs the Secretary to develop performance-based standards for checkpoint detection technologies for explosives and other threats at facilities protected by FPS.
 
Authorizes the Secretary to assess and collect: (1) fees and security charges from agencies for the costs of providing protective services, and (2) additional charges for the costs of necessary security countermeasures for facilities determined to be noncompliant with ISC security standards.
 
Directs ISC to: (1) prescribe regulations for determining federal facility security levels and to establish risk-based performance standards for facility security, (2) establish protocols for testing facility compliance with such standards, (3) prescribe regulations to determine minimum levels of training and certification of armed contract security guards and to establish a list of prohibited items for entry into federal facilities, (4) establish minimum requirements and a process for providing basic security training for members of Facility Security Committees (FSCs), (5) take necessary actions to enhance the quality and effectiveness of security and protection of federal facilites, and (6) establish an appeals board to consider appeals relating to facility security level and noncompliance determinations.
 
Directs the Secretary to establish a process to authorize an agency to provide protective services for a federal facility instead of FPS.
 
Authorizes the Secretary to prescribe regulations on the carrying of firearms by FPS law enforcement officers while off-duty. Includes such FPS officers as federal employees for purposes of civil service retirement provisions.
 
Requires reports on FPS personnel needs, retention rates within FPS, the feasibility of federalizing the FPS contract guard workforce, methods of funding for FPS, and detecting or preventing explosives from entering federal facilities.

action_date: 2012-08-02
text: 
Supporting Employee Competency and Updating Readiness Enhancements for Facilities Act of 2012 or the SECURE Facilities Act of 2012 - (Sec. 2) Defines &quot;appropriate congressional committees&quot; for purposes of this Act as: (1) the Senate Committees on Homeland Security and Governmental Affairs and Appropriations; and (2) the House Committees on Homeland Security, Transportation and Infrastructure, and Appropriations. 
 
(Sec. 3) Amends the Homeland Security Act of 2002 to modify requirements relating to the Federal Protective Service (FPS) and the Interagency Security Committee (ISC) and to provide for the security of federal facilities (i.e., buildings and grounds owned, occupied, or secured by the federal government), including facilities used for activities covered under the Atomic Energy Act of 1954.
 
Requires the Director of FPS to: (1) secure federal facilities protected by FPS and safeguard all occupants, (2) provide adequate numbers of trained personnel to ensure that federal security standards are met, and (3) ensure that areas in and around such facilities are regularly patrolled by FPS officers.
 
Requires the Secretary of Homeland Security (DHS) to ensure that FPS maintains not fewer than 1,371 full-time equivalent employees in FY2012, including not fewer than 950 in-service field staff. Establishes a minimum level for full-time equivalent employees of 1,200, including not fewer than 900 in-service field staff. Requires the Secretary to ensure that the hiring of each full-time equivalent employee is offset by a reduction of 1 full-time equivalent employee in DHS.
 
Requires the Director to: (1) establish minimum training requirements for all armed contract security guards procured by FPS of least 80 hours of instruction and increase FPS monitoring of the initial training of armed contract security guards, (2) establish a program to periodically assess the training of guards and the security of federal facilities, (3) update the Security Guard Information Manual and post orders within 180 days and every 2 years thereafter, (4) establish a database to monitor all contracts for guard services, and (5) increase the number of infrastructure security canine teams by up to 15 teams in each of FY2012-FY2015.
 
Directs the Secretary to develop performance-based standards for checkpoint detection technologies for explosives and other threats at facilities protected by FPS.
 
Authorizes the Secretary to assess and collect: (1) fees and security charges from agencies for the costs of providing protective services, and (2) additional charges for the costs of necessary security countermeasures for facilities determined to be noncompliant with ISC security standards.
 
Directs ISC to: (1) prescribe regulations for determining federal facility security levels and to establish risk-based performance standards for facility security, (2) establish protocols for testing facility compliance with such standards, (3) prescribe regulations to determine minimum levels of training and certification of armed contract security guards and to establish a list of prohibited items for entry into federal facilities, (4) establish minimum requirements and a process for providing basic security training for members of Facility Security Committees, (5) take necessary actions to enhance the quality and effectiveness of security and protection of federal facilities, and (6) establish an appeals board to consider appeals relating to facility security level and noncompliance determinations.
 
Directs the Secretary to establish a process to authorize an agency to provide protective services for a federal facility instead of FPS.
 
Requires agencies that are tenants at each federal facility to maintain a Facility Security Committee for such facility. Requires basic security training to be provided to all members of the Committee.
 
(Sec. 4) Authorizes FPS law enforcement officers to carry firearms on or off duty. Amends the federal criminal code to allow FPS law enforcement officers to carry concealed firearms.
 
(Sec. 5) Extends retirement benefits to FPS employees under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS). 
 
(Sec. 6) Requires the Secretary to report to the appropriate congressional committees on: (1) FPS personnel needs, (2) retention rates within the FPS contract guard workforce, (3) the feasibility of federalizing the FPS contract guard workforce, (4) methods for funding FPS, and (5) available methods to detect or prevent explosives from entering federal facilities.
 
(Sec. 11) States that nothing in this Act shall be construed to affect the authority of: (1) the U.S. Marshals Service to protect and serve federal judicial personnel, (2) any federal law enforcement agency other than FPS, or (3) any authority of FPS not specifically enumerated by this Act prior to the enactment date of this Act. 


Legislative actions:
action_date: 2012-08-02
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 492.
action_date: 2012-08-02
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment. With written report No. 112-202.
action_date: 2012-08-02
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment. With written report No. 112-202.
action_date: 2011-05-18
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.
action_date: 2011-04-08
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S2353-2358)
action_date: 2011-04-08
text: Sponsor introductory remarks on measure. (CR S2351-2353)
action_date: 2011-04-08
text: Introduced in Senate