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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-328
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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.
