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, 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 
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 Com-
mittee 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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