[Congressional Record Volume 154, Number 151 (Tuesday, September 23, 2008)]
[Senate]
[Page S9336]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    FEDERAL PROTECTIVE SERVICE GUARD CONTRACTING REFORM ACT OF 2007

  Mr. MENENDEZ. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 953, H.R. 3068.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 3068) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

                               H.R. 3068

       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.
  Mr. MENENDEZ. I ask unanimous consent that the committee-reported 
substitute be agreed to; the bill, as amended, be read a third time and 
passed; the motions to reconsider be laid upon the table, with no 
intervening action or debate; and that any statements related thereto 
be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 3068), as amended, was read the third time and passed.

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