S.Amdt. 3410

1. Adds SEC. 2. DEMONSTRATION PROGRAM FOR MILITARY INSTALLATIONS IN NEW JERSEY on page 280, line 22

   Adds a sectionPrinted page

   Inserted: SEC. 2. DEMONSTRATION PROGRAM FOR MILITARY INSTALLATIONS IN NEW JERSEY.

   Inserted: (a) Requirement for Program.--The Secretary of Defense shall carry out a demonstration program in the State of New Jersey, and in one or more additional States or regions selected by the Secretary, to develop and test policies, procedures, and practices that improve the level of security, reliability, quality, and economic efficiency of defense contractors and subcontractors used for construction, renovation, maintenance, and repair services on military installations.

   Inserted: (b) Program Goals and Requirements.--The goals of the demonstration program under subsection (a) are to identify, develop, and implement strategies that--

   Inserted: (1) minimize risks to national security caused by failures to conduct full background checks on contractor personnel working on military installations;

   Inserted: (2) ensure that all necessary and reasonable precautions are taken by the Department of Defense and its contractors and subcontractors to conduct effective background checks and follow other appropriate security clearance procedures regarding contractor personnel (including management employees, professionals, craft labor personnel, and administrative personnel) to avoid the employment of persons who may pose a risk to military installations or otherwise present a threat to national security; and

   Inserted: (3) promote increased contracting opportunities for contractors and subcontractors offering effective, reliable staffing plans to perform Department of Defense contracts that ensure all contractor personnel employed for such projects (including management employees, professional employees, craft labor personnel, and administrative personnel) undergo effective background checks, are subjected to other appropriate security clearance procedures, and are properly qualified to perform services required under the contract.

   Inserted: (c) Requirements for Security Procedures.--In developing and carrying out the demonstration program under subsection (a), the Secretary of Defense shall--

   Inserted: (1) review existing policies, procedures, and practices pertaining to security clearances required for access to military installations, including national agency checks, background investigations and other security clearance procedures;

   Inserted: (2) identify potential weaknesses and areas for improvement in existing security policies, procedures, and practices;

   Inserted: (3) develop and implement reforms to strengthen, upgrade, and improve security clearance policies, procedures, and practices of the Department of Defense and its contractors and subcontractors;

   Inserted: (4) utilize the social security number verification service of the Social Security Administration to review social security numbers of contractor and subcontractor personnel employed on military installations and to detect the use of false or fraudulent identification documents used by contract employees;

   Inserted: (5) cooperate with appropriate Federal, State and local agencies and authorities, including the Secretary of Homeland Security, the United States Attorney for New Jersey, the New Jersey Motor Vehicles Commission, and the New Jersey State Police, as well as local communities, to detect and prosecute the use of false or fraudulent identification documents by contractor personnel employed on military installations;

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   Inserted: (6) provide for the imposition of available sanctions (including criminal prosecution, civil penalties, and debarment) against any contractor who willfully or recklessly fails to conduct full background checks regarding contractor personnel who work at military installations; and

   Inserted: (7) provide for a review and analysis of reforms developed pursuant to this subsection in order to identify for purposes of national implementation those reforms that are most efficient and effective.

   Inserted: (d) Requirements for Contracting and Procurement Procedures.--In developing and carrying out the demonstration program, the Secretary of Defense shall--

   Inserted: (1) review existing policies, procedures, and practices pertaining to the manner in which it procures and contracts for construction, renovation, maintenance, and repair services for military installations;

   Inserted: (2) provide for expansion, to the maximum extent practicable, of the use by the Department of Defense of contracting by competitive proposals, regulated under part 15 of the Federal Acquisition Regulation, for construction, renovation, maintenance, and repair services for military installations;

   Inserted: (3) identify, develop, and implement reforms in the competitive proposal contracting process of the Department of Defense to improve the level of security, reliability, and economic efficiency of contractors and subcontractors used for construction, renovation, maintenance, and repair services on military installations, including--

   Inserted: (A) providing in contract solicitations and requests for proposal documents for significant weight or credit to be allocated to reliable, effective workforce security programs that are offered by prospective contractors and subcontractors, provide security clearance procedures, background checks, and other measures for contractor employees beyond the minimum security requirements imposed by the Secretary of Defense, and promote security on military installations; and

   Inserted: (B) providing in contract solicitations and requests for proposal documents for significant weight or credit to be allocated to reliable, effective project staffing plans that are offered by prospective contractors and subcontractors, specify for all contractor employees (including management employees, professionals, and craft labor personnel) the skills, training, and qualifications of such persons and the labor supply sources and hiring plans or procedures used for employing such personnel; and

   Inserted: (4) provide for a review and analysis of reforms developed pursuant to this subsection in order to identify for purposes of national implementation those reforms that are most efficient and effective.

   Inserted: (e) Implementation.--The Secretary of Defense shall commence the demonstration program under this section not later than 90 days after the date of the enactment of this Act.

   Inserted: (f) Reporting Requirements.--For the monitoring and evaluation of the progress of the demonstration program required under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--

   Inserted: (1) not later than 90 days after the commencement of the demonstration program, an initial report setting forth the reforms instituted and other progress made in the implementation of the demonstration program;

   Inserted: (2) semiannual reports setting forth in detail the reforms instituted and other progress made in the implementation of the program; and

   Inserted: (3) not later than 2 years after the commencement of the demonstration program, a final report setting forth a review of the demonstration program together with recommendations regarding nationwide implementation of the program.

   Inserted: (g) Definition.--In this section, the term "military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, or Guam. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

   Original wording

   On page 280, after line 22, insert the following:

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As printed