[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3068 Reported in Senate (RS)]






                                                       Calendar No. 953
110th CONGRESS
  2d Session
                                H. R. 3068

                          [Report No. 110-455]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2007

     Received; read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

                           September 11, 2008

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Protective Service 
Guard Contracting Reform Act of 2007''.</DELETED>

<DELETED>SEC. 2. FEDERAL PROTECTIVE SERVICE CONTRACTS.</DELETED>

<DELETED>    (a) Prohibition on Award of Contracts to Any Business 
Concern Owned, Controlled, or Operated by an Individual Convicted of a 
Felony.--The Secretary of Homeland Security may not award a contract 
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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Implementation.--In this section, the term 
``Secretary'' means the Secretary of Homeland Security acting through 
the Assistant Secretary of U.S. Immigration and Customs 
Enforcement.</DELETED>

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.
                                                       Calendar No. 953

110th CONGRESS

  2d Session

                               H. R. 3068

                          [Report No. 110-455]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 11, 2008

                       Reported with an amendment