113 S2061 RS: Preventing Conflicts of Interest with Contractors Act
U.S. Senate
2014-02-27
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EN
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1.This Act may be cited as the
Preventing Conflicts of Interest with Contractors Act
.2.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 a security clearance or suitability for Federal employment, including—(A)interviews of the individual or friends, family, or 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, 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.3.Organizational conflicts of interestAfter 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.1.This Act may be cited as the
Preventing Conflicts of Interest with Contractors Act
.2.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.3.Limitation on contracting to prevent organizational conflicts of interestNotwithstanding 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.September 16, 2014Reported with an amendment