To authorize the National Institute of Standards and Technology to develop improvements in building and fire codes, standards, and practices to reduce the impact of terrorist and other extreme threats to the safety of buildings, their occupants, and emergency responders, and to authorize the Department of Homeland Security to form a task force to recommend ways to strengthen standards in the private security industry, stabilize the workforce, and create a safer environment for commercial building and industrial facility occupants.

January 23, 2003

Mr. EDWARDS introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To authorize the National Institute of Standards and Technology to develop improvements in building and fire codes, standards, and practices to reduce the impact of terrorist and other extreme threats to the safety of buildings, their occupants, and emergency responders, and to authorize the Department of Homeland Security to form a task force to recommend ways to strengthen standards in the private security industry, stabilize the workforce, and create a safer environment for commercial building and industrial facility occupants.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Building Security Act of 2003'.

SEC. 2. FINDINGS.

Congress finds that--

(1) The terrorist attacks of September 11, 2001, resulted in unprecedented death and destruction, and 2 of the worst building disasters in human history;

(2) the war on terror is ongoing, and threats to American targets, such as large buildings in the United States, are substantial;

(3) there are approximately 500 skyscrapers in the United States that are regularly occupied by at least 5000 people, in addition to millions of smaller buildings that see high levels of traffic;

(4) most buildings have not been built to the standard needed to meet extreme threats, necessitating technological improvements in every aspect of construction, including structural elements, fireproofing, and facade integrity;

(5) to advance homeland security, the Federal Government is obligated to ensure that building and construction standards are as high as practicable, and that building owners have the resources needed to meet these standards;

(6) the Federal Government, in its efforts to protect the American people, is responsible for promoting research and development by the public and private sectors that will provide the technical basis for improved building and fire codes, standards, practices, and materials;

(7) the National Institute of Standards and Technology is in a unique position to work with the appropriate standards-developing organizations to help the United States respond to these new challenges, due to--

(A) the building and fire expertise in its laboratories and quality program;

(B) its long history of working cooperatively with the construction and standards industries;

(C) its strong influence on national standards; and

(D) its involvement in the assessment of the World Trade Center collapse;

(8) efforts to pursue innovation and provide practical guidance and tools to building owners, designers, and contractors are necessary to ensure that new materials and practices are widely accepted and used;

(9) it is in the national interest for the National Institute of Standards and Technology to--

(A) accelerate its efforts in helping industry develop the higher building and construction standards that are necessary to heighten the safety of all Americans; and

(B) identify the most effective ways to ensure that these new standards are implemented in both existing and new structures;

(10) as of January 2003, 2,000,000 private security officers throughout the Nation are responsible for ensuring the security of building occupants and must be able to effectively respond to evacuations, crime, terrorist threats, emergencies, and accidents;

(11) many of these private security officers are not adequately prepared to best assist uniformed services, building tenants, workers, and the public in the event of a natural disaster or terrorism;

(12) the job turnover rate within the private security industry is as high as 300 percent per year;

(13) a recent study found that more than 1/2 of the States are--

(A) failing to set standards for the training and screening of private security officers; and

(B) not providing adequate oversight of the private security industry;

(14) without proper guidelines and standards, the private security industry cannot adequately provide the security necessary in the current global environment;

(15) the Federal Government, in its efforts to protect the American people, is responsible for enabling a proper review of the private security industry and developing a means of ensuring the industry's improvement; and

(16) it is in the national interest for the Department of Homeland Security to create a private security review task force, comprised of industry, union, government, and law enforcement leaders, to help establish strong guidelines and incentives for States, and to provide the needed structure for training and workforce stability.

SEC. 3. HOMELAND SECURITY BUILDING AND FIRE RESEARCH AND DEVELOPMENT PROGRAM.

(a) ESTABLISHMENT-

(1) IN GENERAL- The Director of the National Institute of Standards and Technology (referred to in this section as the `Director') shall establish a research and development program to--

(A) provide the measurements and analysis for improved building and fire codes, standards, and practices; and

(B) generate findings and recommendations that can be used to develop improved building and fire codes, and higher construction standards in the United States.

(2) CONSULTATION- In carrying out this section, the Director shall--

(A) consult, as appropriate, with the various units of the National Institute of Standards and Technology (referred to in this section as the `Institute'), including the Building and Fire Research Laboratory;

(B) build upon ongoing efforts of the Institute and of the private sector; and

(C) involve consortia that include government and industry.

(b) RESEARCH ACTIVITIES-

(1) SCIENTIFIC RESEARCH- The Director shall work with industry, trade associations, professional societies, and others to conduct experimentation, analysis, testing, verification, and demonstration of improved tools and practices that identify--

(A) improved construction methods and materials relevant to structural fire safety;

(B) mitigation of progressive collapse;

(C) building and ventilation vulnerability reduction tools;

(D) equipment standards for first responders; and

(E) other ways to reduce the impact of extreme threats to the safety of buildings, their occupants, and emergency responders.

(2) POLICY RESEARCH- The Director shall work with industry, trade associations, professional societies, and others to complete a study of the best methods to ensure full implementation and encourage full compliance with the standards developed in paragraph (1), including--

(A) tax incentives;

(B) grants to States that adopt those standards; and

(C) other appropriate means.

(c) DISSEMINATION AND TECHNICAL ASSISTANCE PROGRAM- The Director shall oversee a dissemination and technical assistance program (referred to in this section as the `DTAP') to assist with the immediate dissemination and implementation of the practices, standards, and codes developed by the Institute under subsection (b)(1).

(d) PUBLICATION OF STUDIES- The Director shall ensure that the results and recommendations of the Institute under subsection (b) are promptly published for use by the public and private sectors.

(e) REPORTS-

(1) INITIAL REPORT- Not later than 60 days after the date of enactment of this Act, the Director shall submit, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives, a report detailing the Institute's proposed schedule of studies and results, with anticipated dates of implementation.

(2) ANNUAL PROGRESS REPORTS- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director shall submit a progress report to the committees described under paragraph (1), which summarizes the Institute's activities and determinations under subsection (b).

(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section, the following sums:

(1) $13,000,000 for fiscal year 2004.

(2) $9,000,000 for fiscal year 2005.

(3) $9,000,000 for fiscal year 2006.

(4) $9,000,000 for fiscal year 2007.

SEC. 4. PRIVATE SECURITY INDUSTRY TASK FORCE.

(a) ESTABLISHMENT- The Secretary of the Department of Homeland Security (referred to in this section as the `Secretary') shall establish a Private Security Industry Task Force (referred to in this section as the `Task Force') to--

(1) examine the limitations in training, screening, standard-setting, retention, and oversight practice in the private security industry;

(2) develop structural guidelines and standards of quality for the private security industry; and

(3) determine the best way to help States to implement such standards and guidelines in a timely and efficient manner.

(b) MEMBERSHIP- The Task Force shall be composed of 25 members, including members representing--

(1) private security employers;

(2) private security employees;

(3) the private insurance industry;

(4) the risk consulting industry;

(5) institutional investors;

(6) public safety and emergency management professionals;

(7) building owners and managers;

(8) commercial building tenants;

(9) trainers of private security officers;

(10) police officers;

(11) firefighters;

(12) the Office of Employment and Training Administration of the Department of Labor;

(13) the Office of Justice Programs of the Department of Justice;

(14) the Department of Homeland Security; and

(15) State agencies involved in homeland security from different regions of the United States.

(c) CHAIR-

(1) APPOINTMENT- The Secretary shall appoint a Chair for the Task Force from within the Department of Homeland Security.

(2) RESPONSIBILITIES- The Chair shall oversee all meetings of, and communications from, the Task Force.

(d) AUTHORIZED ACTIVITIES- In carrying out the provisions of this Act, the Chair and other members of the Task Force may conduct research and coordinate and consult with industry, trade associations, professional societies, and institutions of higher learning, and other appropriate organizations to--

(1) examine the limitations in training, screening, standard-setting, retention, and oversight practice in the private security industry;

(2) develop structural guidelines and standards of quality for the private security industry; and

(3) determine the best way to help States to implement such standards and guidelines in a timely and efficient manner.

(e) SEMI-ANNUAL REPORTS- Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Chair shall submit a report on the Task Force's activities and determinations under subsection (c)(2) to--

(1) the Committee on Health, Education, Labor, and Pensions of the Senate;

(2) the Committee on the Judiciary of the Senate;

(3) the Committee on Education and the Workforce of the House of Representatives; and

(4) the Committee on the Judiciary of the House of Representatives.

(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $500,000 for each of the fiscal years 2004 and 2005 to carry out this section.

END