[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3068 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                    September 23 (legislative day, September 17), 2008.
    Resolved, That the bill from the House of Representatives (H.R. 
3068) entitled ``An Act to prohibit the award of contracts to provide 
guard services under the contract security guard program of the Federal 
Protective Service to a business concern that is owned, controlled, or 
operated by an individual who has been convicted of a felony.'', do 
pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Protective Service Guard 
Contracting Reform Act of 2008''.

SEC. 2. FEDERAL PROTECTIVE SERVICE CONTRACTS.

    (a) Prohibition on Award of Contracts to Any Business Concern 
Owned, Controlled, or Operated by an Individual Convicted of a 
Felony.--
            (1) In general.--The Secretary of Homeland Security, acting 
        through the Assistant Secretary of U.S. Immigration and Customs 
        Enforcement--
                    (A) shall promulgate regulations establishing 
                guidelines for the prohibition of contract awards for 
                the provision of guard services under the contract 
                security guard program of the Federal Protective 
                Service to any business concern that is owned, 
                controlled, or operated by an individual who has been 
                convicted of a felony; and
                    (B) may consider permanent or interim prohibitions 
                when promulgating the regulations.
            (2) Contents.--The regulations under this subsection 
        shall--
                    (A) identify which serious felonies may prohibit a 
                contractor from being awarded a contract;
                    (B) require contractors to provide information 
                regarding any relevant felony convictions when 
                submitting bids or proposals; and
                    (C) provide guidelines for the contracting officer 
                to assess present responsibility, mitigating factors, 
                and the risk associated with the previous conviction, 
                and allow the contracting officer to award a contract 
                under certain circumstances.
    (b) Regulations.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall issue regulations to carry 
out this section.

SEC. 3. REPORT ON GOVERNMENT-WIDE APPLICABILITY.

    Not later than 18 months after the date of enactment of the Act, 
the Administrator for Federal Procurement Policy shall submit a report 
on establishing similar guidelines government-wide to the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Oversight and Government Reform of the House of Representatives.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                               H.R. 3068

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                               AMENDMENT