Federal Investigative Services

Presented by
Jim Green, OPM Office of General Counsel
Security Professional Seminar, November 13, 2000

1. Pending Bills That Did Not Pass the Congress

   • HR 1348. . . Department of Energy Foreign Visitors Program Moratorium Act of 1999
     Would have required a security clearance investigation on any foreign national prior to admission to a DOE nuclear lab.

   • HR 809. . . Federal Protective Service Reform Act of 1999 Would have reformed the FPS, designating building security personnel as FPS Police Officers or Special Agents, and require that the same background checks that are performed on FPS employees be performed on contract security personnel.

2. Bills That Have Passed the Congress and Have Been Signed Into Law

   • HR 357, now Public Law 106-386 (October 2000). . . Violence Against Women Act of 1999
     Provides for a national database of individuals convicted in criminal cases or found liable in civil cases for custodial sexual misconduct. The database must be checked before hiring correctional personnel. The database is also to be available to government agencies conducting confidential background checks.

   • S 82, now Public Law 106-181 (March 2000). . . Air Transportation Improvement Act
     Expands criminal history background checks to airport personnel, including passenger screening personnel and supervisors, as well as baggage and cargo handlers.

   • Public Law 106-389 (October 2000). . . National Defense Authorization Act for Fiscal Year 2001

     1. Subtitle H- Officers and employees of DOD, active duty members of armed forces, and employees of DOD contractors cannot be granted security clearance if:

        1. Person has been convicted in any U.S. court of any crime and sentenced to a term exceeding 1 year; or
        2. Person is an unlawful user of, or addicted to a drug under 21 U.S.C. §802; or
        3. Person is mentally incompetent, as determined by a DOD-approved health professional.

     2. Section 1072- Setting priorities for background investigations for security clearances This section provides for establishment of an expedited procedure for completing background investigations for personnel involved in national security issues. The procedure must include quantification of requirements by degree of sensitivity of position and extent to which the duties are critical to national security. It also establishes priorities for processing investigations.

     3. Section 1076- enhanced access to criminal history record information. Clarifies what agencies are covered by 5 U.S.C. § 9101, and adds new areas of coverage, such as acceptance into the armed forces and appointment, retention, or assignment to a position of public trust or a critical or sensitive position as a Federal employee or performing a government contract.

     4. Sections in the Fiscal Year 2001 Treasury-Postal Appropriations Bill expected to pass before the end of the year.

        • Section 639. . . Allows the removal from employment of any law enforcement officer convicted of a felony, without regard to the adverse action procedures of Title 5, Chapter 75.
        • Section 646. . . Requires all existing and newly hired workers in any childcare center located within the executive branch facility undergo a criminal history background check.

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