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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 (``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.

            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 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.

                       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.