Federal Protective Service Guard Contracting Reform Act of 2008
PL 110-356 (H.R.3068), enacted 10/08/2008

122 STAT. 3996 
PUBLIC LAW 110–356—OCT. 8, 2008 
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. 
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 guide-
lines 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 con-
tractor 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. 
Federal 
Protective 
Service Guard 
Contracting 
Reform Act 
of 2008. 
40 USC 1315 
note. 
Regulations. 
40 USC 1315 
note. 
Oct. 8, 2008 
[H.R. 3068] 
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122 STAT. 3997 
PUBLIC LAW 110–356—OCT. 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. 
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. 
Approved October 8, 2008. 
40 USC 1315 
note. 
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