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[110th Congress Public Law 356]
[From the U.S. Government Printing Office]

[DOCID: f:publ356.110]

[[Page 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 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.

                                  <all>
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