I
107TH CONGRESS
1ST SESSION
H. R. 3367
To amend title 10, United States Code, to require certain contractors with
the Department of Defense to perform background investigations, psycho-
logical assessments, and behavioral observations, and provide fingerprint
cards, with respect to individuals who perform work on military installa-
tions or facilities.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 28, 2001
Mr. SAXTON (for himself, Ms. HARMAN, Mr. LOBIONDO, and Mr. ANDREWS)
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SECURITY REQUIREMENTS REGARDING CER-
TAIN 
INDIVIDUALS 
PERFORMING 
WORK
UNDER DOD CONTRACTS.
(a) IN GENERAL.—(1) Chapter 137 of title 10,
United States Code, is amended by inserting after section
2305a the following new section:
‘‘§ 2305b. Contracts to perform work at military facili-
ties and installations: security proce-
dures required
‘‘(a) IN GENERAL.—No contract, for which the dura-
tion for the time of performance exceeds 3 days, may be
awarded to perform work at a facility or installation of
the Department of Defense unless the potential contractor
implements procedures under which a background inves-
tigation, psychological assessment, and behavioral obser-
vation is conducted, and fingerprint cards are provided,
with respect to any individual who will perform such work.
‘‘(b) BACKGROUND INVESTIGATION.—A background
investigation required under this section shall—
‘‘(1) be designed to identify past actions that
are indicative of an individual’s future reliability
with respect to performing work at a facility or in-
stallation of the Department of Defense;
‘‘(2) verify the individual’s true identity;
‘‘(3) develop information concerning the individ-
ual’s employment history, education history, credit
history, criminal history, and military service; and
‘‘(4) verify the individual’s character and rep-
utation.
‘‘(c) PSYCHOLOGICAL ASSESSMENT.—A psychological
assessment required under this section shall be designed
to evaluate the possible impact of any noted psychological
characteristics that may have a bearing on trustworthiness
and reliability.
‘‘(d) BEHAVIORAL OBSERVATION.—A behavioral ob-
servation required under this section shall be conducted
by supervisors and shall be designed to detect individual
behavioral changes that, if left unattended, could lead to
acts detrimental to the public health and safety.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 2305a the following new item:
‘‘2305b. Contracts to perform work at military facilities and installations: secu-
rity procedures required.’’.
(b) APPLICABILITY.—Section 2305b of title 10,
United States Code, as added by subsection (a), shall
apply with respect to contracts under which work is com-
menced on or after the date that is one year after the
date of the enactment of this Act.
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