[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2061 Reported in Senate (RS)]

                                                       Calendar No. 565
113th CONGRESS
  2d Session
                                S. 2061

                          [Report No. 113-257]

  To prevent conflicts of interest relating to contractors providing 
 background investigation fieldwork services and investigative support 
                               services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2014

Mr. Tester (for himself, Mrs. McCaskill, and Mr. Begich) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                           September 16, 2014

               Reported by Mr. Carper, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To prevent conflicts of interest relating to contractors providing 
 background investigation fieldwork services and investigative support 
                               services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Preventing Conflicts of 
Interest with Contractors Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act--</DELETED>
        <DELETED>    (1) the term ``agency'' means--</DELETED>
                <DELETED>    (A) an Executive agency (as defined in 
                section 105 of title 5, United States Code);</DELETED>
                <DELETED>    (B) a military department (as defined in 
                section 102 of title 5, United States Code);</DELETED>
                <DELETED>    (C) an element of the intelligence 
                community (as that term is defined in section 3 of the 
                National Security Act of 1947 (50 U.S.C. 
                3003));</DELETED>
                <DELETED>    (D) the United States Postal Service; 
                and</DELETED>
                <DELETED>    (E) the Postal Regulatory 
                Commission;</DELETED>
        <DELETED>    (2) the term ``background investigation fieldwork 
        services'' means the investigatory fieldwork conducted to 
        determine the eligibility of an individual for a security 
        clearance or suitability for Federal employment, including--
        </DELETED>
                <DELETED>    (A) interviews of the individual or 
                friends, family, or other sources who might have 
                relevant knowledge of the individual; and</DELETED>
                <DELETED>    (B) reviews of--</DELETED>
                        <DELETED>    (i) educational and employment 
                        records;</DELETED>
                        <DELETED>    (ii) criminal and other legal 
                        records; and</DELETED>
                        <DELETED>    (iii) credit history;</DELETED>
        <DELETED>    (3) the term ``background investigation support 
        services'' means the clerical, administrative, and technical 
        support services provided to various functions critical to the 
        background investigation process, including--</DELETED>
                <DELETED>    (A) initial processing and scheduling of 
                investigative requests;</DELETED>
                <DELETED>    (B) information technology and information 
                technology support;</DELETED>
                <DELETED>    (C) file maintenance;</DELETED>
                <DELETED>    (D) imaging or copying of investigation 
                documents; and</DELETED>
                <DELETED>    (E) mail processing; and</DELETED>
        <DELETED>    (4) the term ``quality review process'' means 
        performing the final quality review of a background 
        investigation, or assisting or facilitating the quality review 
        or another quality assurance process, to ensure investigative, 
        administrative, and other required standards have been met 
        before the completed background investigation is delivered to 
        the adjudicating agency.</DELETED>

<DELETED>SEC. 3. ORGANIZATIONAL CONFLICTS OF INTEREST.</DELETED>

<DELETED>    After the date of enactment of this Act, the Director of 
the Office of Personnel Management may not award a contract to an 
entity under which the entity will conduct quality review processes for 
background investigation fieldwork services or background investigation 
support services that, as of the date of the award of the contract, are 
being conducted by that entity.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Conflicts of Interest 
with Contractors Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``agency'' means--
                    (A) an Executive agency (as defined in section 105 
                of title 5, United States Code);
                    (B) a military department (as defined in section 
                102 of title 5, United States Code);
                    (C) an element of the intelligence community (as 
                that term is defined in section 3 of the National 
                Security Act of 1947 (50 U.S.C. 3003));
                    (D) the United States Postal Service; and
                    (E) the Postal Regulatory Commission;
            (2) the term ``background investigation fieldwork 
        services'' means the investigatory fieldwork conducted to 
        determine the eligibility of an individual for logical and 
        physical access to Federally-controlled facilities or 
        information systems, suitability or fitness for Federal 
        employment, eligibility for access to classified information or 
        to hold a national security sensitive position, or fitness to 
        perform work for or on behalf of the Federal Government as a 
        contractor or employee, including--
                    (A) interviews of the individual, the employer of 
                the individual, former employers of the individual, and 
                friends, family, and other sources who might have 
                relevant knowledge of the individual; and
                    (B) reviews of--
                            (i) educational and employment records;
                            (ii) criminal and other legal records; and
                            (iii) credit history;
            (3) the term ``background investigation support services'' 
        means the clerical, administrative, and technical support 
        services provided to various functions critical to the 
        background investigation process, including--
                    (A) initial processing and scheduling of 
                investigative requests;
                    (B) information technology and information 
                technology support;
                    (C) file maintenance;
                    (D) imaging or copying of investigation documents; 
                and
                    (E) mail processing; and
            (4) the term ``quality review process'' means performing 
        the final quality review of a background investigation to 
        ensure investigative, administrative, and other required 
        standards have been met before the completed background 
        investigation is delivered to the adjudicating agency.

SEC. 3. LIMITATION ON CONTRACTING TO PREVENT ORGANIZATIONAL CONFLICTS 
              OF INTEREST.

    Notwithstanding any other provision of law, after the date of 
enactment of this Act, a contract may not be entered into, and an 
extension of or option on a contract may not be exercised, with a 
contractor to conduct a quality review process relating to background 
investigation fieldwork services or background investigation support 
services if the contractor is performing the services to be reviewed.
                                                       Calendar No. 565

113th CONGRESS

  2d Session

                                S. 2061

                          [Report No. 113-257]

_______________________________________________________________________

                                 A BILL

  To prevent conflicts of interest relating to contractors providing 
 background investigation fieldwork services and investigative support 
                               services.

_______________________________________________________________________

                           September 16, 2014

                       Reported with an amendment