[Congressional Record (Bound Edition), Volume 160 (2014), Part 11]
[Senate]
[Page 15402]
[From the U.S. Government Publishing Office, www.gpo.gov]




         PREVENTING CONFLICTS OF INTEREST WITH CONTRACTORS ACT

  Mr. PRYOR. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 565, S. 2061.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2061) to prevent conflicts of interest relating 
     to contractors providing background investigation fieldwork 
     services and investigative support services.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

                                S. 2061

     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.

  Mr. PRYOR. Mr. President, I ask unanimous consent that the committee-
reported substitute amendment be agreed to; the bill, as amended, be 
read a third time; and the Senate proceed to a vote on passage.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The PRESIDING OFFICER. Is there further debate?
  If not, the bill having been read the third time, the question is, 
Shall it pass?
  The bill (S. 2061), as amended, was passed.
  Mr. PRYOR. I ask unanimous consent that the motion to reconsider be 
considered made and laid upon the table, with no intervening action or 
debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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