[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

122 STAT. 3996

Public Law 110-356
110th Congress

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. [NOTE: Oct. 8, 2008 -  [H.R.
3068]]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress
assembled, [NOTE: Federal Protective Service Guard Contracting Reform
Act of 2008. 40 USC 1315 note. Regulations. 40 USC 1315 note.]
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.

[[Page 3997]]
122 STAT. 3997

SEC. 3. [NOTE: 40 USC 1315 note.] 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.

Approved October 8, 2008.

LEGISLATIVE HISTORY--H.R. 3068:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-328 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 110-455 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 153 (2007):
Oct. 2, considered and passed House.
Vol. 154 (2008):
Sept. 23, considered and passed
Senate, amended.
Sept. 27, House concurred in Senate
amendment.