59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–328 

FEDERAL PROTECTIVE SERVICE GUARD CONTRACTING 

REFORM ACT OF 2007 

SEPTEMBER 14, 2007.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 3068] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the 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, having considered the same, report favorably 

thereon with an amendment and recommend that the bill as 

amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Federal Protective Service Guard Contracting Reform Act of 2007’’. 

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.—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. 

(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. 

(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. 

PURPOSE OF THE LEGISLATION

H.R. 3068, as amended, prohibits the Secretary of Homeland Security from awarding contracts to provide guard services under the 

contract security guard program of the Federal Protective Service 


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(‘‘FPS’’) to a business concern that is owned, controlled, or operated 

by an individual who has been convicted of a felony. 

BACKGROUND AND NEED FOR LEGISLATION

The bill directs the Secretary of Homeland Security, acting 

through the Assistant Secretary of United States Immigration and 

Customs Enforcement, to prohibit the award of contracts for guard 

services under the contract security program of the Federal Protective Service to any business that is owned, controlled, or operated 

by an individual who has been convicted of a felony. This legislation was developed based on the findings of two oversight hearings 

conducted by the Committee on Transportation and Infrastructure. 

On April 18, 2007, the Committee held a hearing entitled ‘‘Proposals to Downsize the Federal Protective Service and Effects on 

the Protection of Federal Buildings’’. On June 21, 2007, the Committee held a hearing entitled ‘‘The Responsibility of the Department of Homeland Security and the Federal Protective Service to 

Ensure Contract Guards Protect Federal Employees and Their 

Workplaces’’. 

The first hearing focused on Department of Homeland Security 

(‘‘DHS’’) proposals to cut the presence of Federal Protective Service 

officers nationally. The hearing examined FPS’ core capabilities 

since being moved into DHS, its ability to deal with the threats in 

cities in which the DHS proposal indicated the city would lose FPS 

officer presence, and its new proposed core mission. The hearing 

also highlighted DHS’s increased reliance on contract security 

guards to protect and respond to threats to Federal buildings as 

the number of FPS officers is reduced. 

The second hearing focused on the role that contract guard services play in assisting FPS officers in protecting Federal buildings. 

The hearing also highlighted a company, run by an individual convicted of fraud, which had not paid its security guards and, as a 

result, potentially created a security risk in Federal buildings. 

SUMMARY OF THE LEGISLATION

Section 1. Short title 

This Act may be cited as ‘‘Federal Protective Service Guard Contracting Reform Act of 2007’’. 

Section 2. Federal Protective Service contracts 

Subsection (a) directs the Secretary of Homeland Security to prohibit the awarding of 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. 

Subsection (b) directs the Secretary to promulgate regulations to 

enact the provisions of this bill not later than six months after the 

date of enactment of this Act. 

Subsection (c) specifies that, in this section, the Secretary means 

the Assistant Secretary of U.S. Immigration and Customs Enforcement. 


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LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

On July 17, 2007, Delegate Norton introduced H.R. 3068, the 

‘‘Federal Protective Service Guard Contracting Reform Act of 

2007’’. 

On August 1, 2007, the Subcommittee on Economic Development, 

Public Buildings, and Emergency Management met in open session 

to consider H.R. 3068. The Subcommittee favorably recommended 

the bill to the Committee on Transportation and Infrastructure by 

voice vote. 

On August 2, 2007, the Committee on Transportation and Infrastructure met in open session to consider H.R. 3068. An amendment to strike section 2(c) of the introduced bill was adopted by 

voice vote. The Committee on Transportation and Infrastructure ordered the bill, as amended, reported favorably to the House by 

voice vote. 

RECORD VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each record vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no recorded 

votes taken on the amendment offered to the bill or ordering H.R. 

3068, as amended, reported. A motion to order H.R. 3068, as 

amended, reported favorably to the House was agreed to by voice 

vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and 308(a) of the 

Congressional Budget Act of 1974, the Committee references the 

report of the Congressional Budget Office included in the report. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objectives of this legislation are to bar convicted felons from 

being awarded a contract for guard services provided by the Federal Protective Service. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 


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enclosed cost estimate for H.R. 3068, as amended, from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 27, 2007. 

Hon. JAMES L. OBERSTAR, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3068, the Federal Protective Service Guard Contracting Reform Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

PETER R. ORSZAG, 

Director. 

Enclosure. 

H.R. 3068—Federal Protective Service Guard Contracting Reform 

Act of 2007 

H.R. 3068 would prevent convicted felons who own, operate, or 

control security firms from receiving contracts to provide guard 

services through the Federal Protective Service. The legislation 

would require the Department of Homeland Security to issue regulations to implement this requirement within six months of enactment. 

CBO estimates that implementing this legislation would have no 

significant cost and would not affect direct spending or revenues. 

H.R. 3068 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. 

This estimate was approved by Theresa A. Gullo, Chief, State and 

Local Government Cost Estimates Unit. 

COMPLIANCE WITH HOUSE RULE XXI

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, H.R. 3068, does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of the House of 

Representatives. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause (3)(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 


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FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 3068, as amended, does not preempt any state, local, or 

tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

H.R. 3068 makes no changes in existing law. 

Æ 


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