I 

108TH CONGRESS 

1ST SESSION H. R. 2463

To amend title 10, United States Code, to require certain contractors with 

the Department of Defense to perform background investigations, psychological assessments, and behavioral observations, and provide fingerprint 

cards, with respect to individuals who perform work on military installations or facilities. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2003

Mr. SAXTON (for himself, Mr. SMITH of New Jersey, Mr. ANDREWS, and Mr. 

LOBIONDO) introduced the following bill; which was referred to the Committee on Armed Services 

A BILL

To amend title 10, United States Code, to require certain 

contractors with the Department of Defense to perform 

background investigations, psychological assessments, 

and behavioral observations, and provide fingerprint 

cards, with respect to individuals who perform work on 

military installations or facilities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SECURITY REQUIREMENTS REGARDING CER2 TAIN INDIVIDUALS PERFORMING WORK 

3 UNDER DOD CONTRACTS. 

4 (a) IN GENERAL.—(1) Chapter 137 of title 10, 

5 United States Code, is amended by inserting after section 

6 2305a the following new section: 

7 ‘‘§ 2305b. Contracts to perform work at military facili8 ties and installations: security proce9 dures required 

10 ‘‘(a) IN GENERAL.—No contract, for which the dura11 tion for the time of performance exceeds 3 days, may be 

12 awarded to perform work at a facility or installation of 

13 the Department of Defense unless the potential contractor 

14 implements procedures under which a background inves15 tigation, psychological assessment, and behavioral obser16 vation is conducted, and fingerprint cards are provided, 

17 with respect to any individual who will perform such work. 

18 ‘‘(b) BACKGROUND INVESTIGATION.—A background 

19 investigation required under this section shall—

20 ‘‘(1) be designed to identify past actions that 

21 are indicative of an individual’s future reliability 

22 with respect to performing work at a facility or in23 stallation of the Department of Defense; 

24 ‘‘(2) verify the individual’s true identity; 
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1 ‘‘(3) develop information concerning the individ2 ual’s employment history, education history, credit 

3 history, criminal history, and military service; and 

4 ‘‘(4) verify the individual’s character and rep5 utation. 

6 ‘‘(c) PSYCHOLOGICAL ASSESSMENT.—A psychological 

7 assessment required under this section shall be designed 

8 to evaluate the possible impact of any noted psychological 

9 characteristics that may have a bearing on trustworthiness 

10 and reliability. 

11 ‘‘(d) BEHAVIORAL OBSERVATION.—A behavioral ob12 servation required under this section shall be conducted 

13 by supervisors and shall be designed to detect individual 

14 behavioral changes that, if left unattended, could lead to 

15 acts detrimental to the public health and safety.’’. 

16 (2) The table of sections at the beginning of such 

17 chapter is amended by inserting after the item relating 

18 to section 2305a the following new item:

‘‘2305b. Contracts to perform work at military facilities and installations: security procedures required.’’.

19 (b) APPLICABILITY.—Section 2305b of title 10, 

20 United States Code, as added by subsection (a), shall 

21 apply with respect to contracts under which work is com22 menced on or after the date that is one year after the 

23 date of the enactment of this Act.

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