Federal Protective Service Guard Contracting Reform Act of 2008

Mr. Speaker, I thank the gentleman from Missouri, and particularly thank the gentleman from Pennsylvania in my absence for assuming the responsibility because I was at a hearing on Blackwater.

H.R. 3068, as amended, the Federal Protective Service Guard Contracting Reform Act of 2007, ensures that Federal Protective Service guard contractors are ``capable, responsible, and ethical,'' and those are the words of the regulation. I want to thank Chairman Oberstar for facilitating early consideration of this bill, and for the leadership on both sides, including the Subcommittee on Economic Development, Public Buildings, and Emergency Management Ranking Member Graves for understanding its importance and for their efforts in support of the bill.

The Federal Protective Service Guard Contracting Reform Act prohibits the Secretary of the Department of Homeland Security from contracting with any security guard service that is owned, controlled or operated by an individual who has been convicted of a felony. The bill would eliminate proxy operation by felons who are relatives, spouses or others.

H.R. 3068, as amended, is a result of two oversight hearings Mr. Graves and I held that examined the role of the Federal Protective Service in providing security for the Nation's public buildings. There was evidence of serious allegations of wrongdoing, chaos and irregularities in the contracting and employment of private security guards whose mission it is to protect Federal employees and facilities.

Our subcommittee worked closely with appropriate Department of Homeland Security officials to eliminate the backlog in payments to guards and to correct FPS mismanagement that risked the security of Federal employees and visitors. FPS guards, like guards employed by the Federal Government, these security guards are used on our most sensitive buildings, including here in the Nation's Capital and the National Capital region where your most secure facilities are located.

Therefore, it was surprising to learn that an individual with a felony conviction would hold a contract for security services in a Federal building, especially here, but frankly anywhere in the United States in the post-9/11 climate.

It was clear that this bill was necessary when our subcommittee learned at a hearing in June that an FPS security guard contractor had failed to pay 600 D.C. area Federal security officers and to make other important benefit payments to pensions, health benefits and the like. Our subcommittee intervened when an action by the FPS and the Immigration and Customs Enforcement, a division of DHS where FPS is placed, was reported to us.

The effects on the security of employees, visitors and the Federal agencies alike could not be ignored in today's post-9/11 climate.

We are indebted to the contract security officers who continue to work to protect Federal workers, the visiting public and the work sites, as well as to their unions. As a result of the subcommittee's June hearing, we learned that an individual who had served 5 years in prison for money laundering and fraud was a de facto owner of a private security business despite Federal law barring felons from owning companies that do business with the Federal Government. In fact, it was the felon, not his wife, who came forward to defend the company after it failed to pay the 600 D.C.-based guards despite receipt of funds for payment from the FPS. His testimony concerning his operational control of the company was nothing short of a case study in evasion of existing law by taking advantage of obvious loopholes.

His company has, of course, since been dismissed. H.R. 3068, as amended, strengthens existing requirements and prohibits all proxy ownerships by felons, including control or operation by an individual who has been convicted of a felony.

H.R. 3068, as amended, reminds us that we must not lose sight of the mission of private contract guards who serve the Federal Government to guard Federal employees and sites as vital as nuclear plants and military posts against terrorism and crime. The example of unpaid contract guards and apparent misuse of Federal funds that had been directed to pay them demonstrated why these contractors must be required to have a satisfactory record of integrity and business ethics. H.R. 3068, as amended, codifies this important requirement.

I urge my colleagues to support this bill.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I thank the gentleman for his kind words to me and for his work with me on the committee.

I have no further speakers, and I yield back the balance of my time, Mr. Speaker.

Mr. Speaker, I move to suspend the rules and concur in the Senate amendment to 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.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 3068.

Mr. Speaker, I yield myself such time as I may consume.

I rise in support of the Senate amendment to H.R. 3068. The bill is the result of two oversight hearings held by the Transportation and Infrastructure Committee Subcommittee on Economic Development, Public Buildings and Emergency Management that examined the role of the Federal Protective Service in providing security to our Nation's public buildings.

There was evidence and serious allegations of wrongdoings, chaos and irregularities in the contracting and employment of private security guards who protect Federal employees and facilities. This legislation intends to preserve the security of the country's most sensitive buildings.

The Senate amendment supports the principles of the House bill and authorizes the Secretary of Homeland Security to devise regulations that prohibit contracts for the provision of guard services to any business owned or controlled by a convicted felon. In addition, the Senate amendment provides some limited flexibility for the contract officer to identify serious felons and create guidelines for the contracting officer to assess mitigating factors and the risks associated with previous convictions.

I urge all Members to vote for the Senate amendment to H.R. 3068, the Federal Protective Service Guard Contracting Reform Act of 2008.

I reserve the balance of my time.

Mr. Speaker, we very much appreciate that the House has gotten to this bill before we adjourn. This bill arose from oversight, and I think emphasizes the importance of oversight. Essentially it eliminates proxy ownership of vital FPS contracting operations. As a result of oversight and reports from workers and sometimes from unions, we learned that there were unpaid contract guards. As a result of the hearings, upon learning of these reports, we found that there was a contractor who was a felon, had spent 5 years in jail for money laundering and fraud.

What we discovered was sometimes there were unpaid guards working out of, of all places, the Department of Homeland Security, and that at other times the money had been received, as in the case of the proxy ownership, and had not been paid.

Security guards have grown to overwhelm the Federal Protective Service which is the official service that guards these buildings. The decrease in the Federal Protective Service is itself a hazard. But with 15,000 Federal security guards, that means hundreds probably of contractors, because many of them are small businesses. As the number of security guards and therefore contractors has grown, it is important that our vigilance of the contract operations also increases.

I was particularly concerned because these reports came in, from all places, the Nation's capital and the national capital region. This is the region at the top of the list of places where we are always on the alert against terrorism.

We want to particularly compliment the workers who continued to work even though they were unpaid. I want to give some credit to ICE because in the hearings where we followed up to see that this matter was corrected while this bill was pending, we worked closely with ICE which had jurisdiction over the Federal Protective Service and now has an ombudsman for security guard contracts; it centralized contracting operations so that prompt payment and monitoring of the invoices can occur. We gave them a deadline to cure that backlog, and they cured that backlog by August of last year.

What this bill does is to now shut the door with legislation that was clearly required after the discovery of proxy ownership by a felon who had, essentially, the responsibility for guards' guarding vital buildings in the Nation's capital and perhaps elsewhere.

I reserve the balance of my time.

I thank the gentleman, and I thank the entire committee and subcommittee for the strong bipartisan support that this bill and the work that uncovered it have had throughout.

Mr. Speaker, I rise in support of the Senate amendment to H.R. 3068. This bill, as amended by the Senate, represents an important step in ensuring the safety of Federal employees and all those who work in and visit our Federal buildings.

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''. The hearing probed the Department of Homeland Security's plans to cut the presence of Federal Protective Service (``FPS'') officers nationally. The reliance on contract security guards to protect Federal buildings is a troubling trend.

On October 2, 2007, the House passed H.R. 3068 to prohibit the Secretary of Homeland Security from awarding security guard contracts to businesses owned, controlled, or operated by convicted felons.

H.R. 3068, as amended by the Senate, continues to support the central concept of the legislation as enacted by the House. The Senate amendment authorizes the Secretary of Homeland Security to establish guidelines that prohibit contracts for the provision of guard services to any business owned or controlled by individuals convicted of serious felonies, as determined by the Secretary. Further, the amendment allows discretion to contracting officers assess mitigating factors and the risks associated with a particular conviction.

This bill, as amended, offers a common sense w y to ensure that security contracts that provide an essential service are awarded only to contractors who are, ``capable, responsible, and ethical'', as required by the Federal Acquisition Regulations.

I support H.R. 3068, as amended, and urge its passage.

Finally, I insert in the Congressional Record an exchange of letters between Chairman Henry Waxman, Chairman of the Committee on Oversight and Government Reform, and me.

House of Representatives, Committee on Transportation and

Infrastructure,

Washington, DC, September 25, 2008.

Hon. Henry A. Waxman,

Chairman, Committee on Oversight and Government Reform, House

of Representatives, Washington, DC.

Dear Chairman Waxman: I write to you regarding H.R. 3068,

the ``Federal Protective Service Guard Contracting Reform Act

of 2007''.

I agree that provisions in H.R. 3068, as amended by the

Senate, are of jurisdictional interest to the Committee on

Oversight and Government Reform. I appreciate your

willingness to waive rights to further consideration of H.R.

3068, and I acknowledge that through this waiver, your

Committee is not relinquishing its jurisdiction over the

relevant provisions of H.R. 3068.

This exchange of letters will be placed in the

Congressional Record as part of the consideration of H.R.

3068, as amended by the Senate, in the House. Thank you for

the cooperative spirit in which you have worked regarding

this matter and others between our respective committees.

I look forward to working with you as we prepare to pass

this important legislation.

Sincerely,

James L. Oberstar, M.C.,

Chairman.

Mr. Speaker, I move to suspend the rules and pass 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, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 3068.

Mr. Speaker, I yield myself such time as I may consume, and I would like to note that I am here for the gentlewoman from the District of Columbia (Ms. Norton) and if she does come in, I will relinquish my duties.

But in the meantime, Mr. Speaker, this bill, H.R. 3068, as amended, is the result of two oversight hearings held by the Transportation and Infrastructure Committee that examined the role of Federal Protective Service, FPS, in providing security for our Nation's public buildings. There was evidence of serious allegations of wrongdoing, chaos, and irregularities in contracting employment of private security guards who protect Federal employees and facilities.

This legislation intends to preserve the security of the country's most sensitive buildings. Due to the security needs of a Federal building, it is surprising that an individual with a felony conviction would hold a contract for security services in a Federal building.

This bill codifies the commonsense approach to providing security for Federal buildings. Specifically, this bill directs the Secretary of Homeland Security not to award any security guard contracts through the Federal Protective Service to any company that is owned, controlled, or operated by a convicted felon. The bill would ensure that contractors are capable, responsible and ethical as required by the Federal Acquisition Regulations.

Contract security officers are a critical component of Federal strategies to protect the safety and security of Federal employees, visitors to Federal buildings and the surrounding community. Given the critical role these guards play in Federal security, this bill will hold owners of companies who provide security to Federal buildings to the highest standards. I urge all Members to vote for H.R. 3068, as amended.

Mr. Speaker, I reserve the balance of my time.

I ask unanimous consent to relinquish control of the time to the gentlewoman from the District of Columbia (Ms. Norton).

Mr. Speaker, I don't have any other speakers and I am going to talk about the bill, but I know it is Ms. Norton's bill and she may want to say something before I do. I would reserve the balance of my time and would like to speak after her if that is all right.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, H.R. 3068, introduced by Subcommittee Chairwoman Norton, adds an additional level of security to our Federal buildings by prohibiting the Federal Protective Services from awarding contracts to convicted felons.

I would like to commend Chairwoman Norton for her commitment to the security of Federal buildings, government employees and visitors. She probably has more than anybody else in the House.

The protection of the employees and visitors at Federal buildings remains a high priority. This legislation will increase the standards of safety and security for Federal properties across this country.

The Federal Protective Service serves as one of the first lines of defense for our Federal buildings. We entrust the security of Federal courthouses and buildings and their employees and visitors to FPS personnel. From day-to-day security screening, to protection from riots and terrorist attacks, the FPS force plays a vital role in facilitating the work of the Federal Government.

The Federal Protective Service employs more than 1,000 trained employees and more than 15,000 contract security guards. H.R. 3068 prohibits FPS from contracting with security firms that are owned or operated by convicted felons. It's a very simple measure. The security of Federal buildings must be managed by those that have the best interests of the American people in mind.

This legislation will ensure the integrity of the forces protecting our Federal buildings, and I urge my colleagues to join me in supporting H.R. 3068.

Mr. Speaker, I think this is a fantastic idea, and again, I want to applaud Chairwoman Norton for the work that she's done on this, again, to push it through.

Mr. Speaker, I yield back the balance of my time.