(C) Sub-contracts between any non-Federal 
entity and another non-Federal entity to perform 
work related to the primary contract with the 
Department. 
(3) CONTRACTOR
REPRESENTATIVE.—The term 
‘‘contractor representative’’ means a person employed 
by a contractor who is designated in writing by an 
authorized official of a contractor as responsible for 
managing and communicating with the Department 
of Homeland Security or its components on behalf of 
such contractor on matters relating to fitness deter-
minations, and is certified pursuant to subsection 
(e)(1) regarding the adequate protection of personally 
identifiable information. 
(4) EXCEPTED
SERVICE.—The term ‘‘excepted 
service’’ has the meaning given such term in section 
2103 of title 5, United States Code. 
(5) FITNESS.—The term ‘‘fitness’’ means the 
level of character and conduct necessary for an indi-
vidual to perform work for or on behalf of a Federal 
agency in the excepted service, other than a position 
subject to a suitability determination or as a non-
appropriated fund instrumentality employee. 
(6) FITNESS
DETERMINATION.—The term ‘‘fit-
ness determination’’ means a decision by a Federal 
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agency that an individual does or does not have the 
required level of character and conduct necessary to 
perform work for or on behalf of a Federal agency in 
the excepted service, other than a position subject to 
a suitability determination, as a contractor employee, 
or as a nonappropriated fund instrumentality em-
ployee. 
(7) INFORMATION TECHNOLOGY.—The term ‘‘in-
formation technology’’ has the meaning given such 
term in section 11101 of title 40, United States Code. 
(8) NONAPPROPRIATED FUND INSTRUMENTALITY 
EMPLOYEE.—The term ‘‘nonappropriated fund in-
strumentality employee’’ has the meaning given such 
term in section 1587(a)(1) of title 10, United States 
Code. 
(9) PERSONNEL SECURITY INVESTIGATION.—The 
term ‘‘personnel security investigation’’ has the mean-
ing given such term in subsection (a) of section 3001 
of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (50 U.S.C. 3341). 
(10) SUITABILITY
DETERMINATION.—The term 
‘‘suitability determination’’ has the meaning given 
such term in section 731.101 of title 5, Code of Fed-
eral Regulations. 
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(11) TERRORISM.—The term ‘‘terrorism’’ means 
any criminal acts that involve violence or are dan-
gerous to human life and appear to be intended to in-
timidate or coerce a civilian population to influence 
the policy of a government by intimidation or coer-
cion, or to affect the conduct of a government by mass 
destruction, assassination, or kidnapping. 
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Union Calendar No. 709 
115TH CONGRESS 
2D SESSION 
H. R. 6374 
[Report No. 115–913] 
A BILL 
To require the Department of Homeland Security 
to streamline Federal contractor fitness deter-
minations, and for other purposes. 
SEPTEMBER 4, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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