[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3068 Enrolled Bill (ENR)]
H.R.3068
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
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.
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 ``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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.