II 

113TH CONGRESS 

2D SESSION S. 2061 

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 

A BILL 

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

investigative support services. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Conflicts 

5 of Interest with Contractors Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘agency’’ means— 


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•S 2061 IS

1 (A) an Executive agency (as defined in sec2 tion 105 of title 5, United States Code); 

3 (B) a military department (as defined in 

4 section 102 of title 5, United States Code); 

5 (C) an element of the intelligence commu6 nity (as that term is defined in section 3 of the 

7 National Security Act of 1947 (50 U.S.C. 

8 3003)); 

9 (D) the United States Postal Service; and 

10 (E) the Postal Regulatory Commission; 

11 (2) the term ‘‘background investigation 

12 fieldwork services’’ means the investigatory fieldwork 

13 conducted to determine the eligibility of an indi14 vidual for a security clearance or suitability for Fed15 eral employment, including— 

16 (A) interviews of the individual or friends, 

17 family, or other sources who might have rel18 evant knowledge of the individual; and 

19 (B) reviews of— 

20 (i) educational and employment 

21 records; 

22 (ii) criminal and other legal records; 

23 and 

24 (iii) credit history; 


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1 (3) the term ‘‘background investigation support 

2 services’’ means the clerical, administrative, and 

3 technical support services provided to various func4 tions critical to the background investigation proc5 ess, including— 

6 (A) initial processing and scheduling of in7 vestigative requests; 

8 (B) information technology and informa9 tion technology support; 

10 (C) file maintenance; 

11 (D) imaging or copying of investigation 

12 documents; and 

13 (E) mail processing; and 

14 (4) the term ‘‘quality review process’’ means 

15 performing the final quality review of a background 

16 investigation, or assisting or facilitating the quality 

17 review or another quality assurance process, to en18 sure investigative, administrative, and other required 

19 standards have been met before the completed back20 ground investigation is delivered to the adjudicating 

21 agency. 

22 SEC. 3. ORGANIZATIONAL CONFLICTS OF INTEREST. 

23 After the date of enactment of this Act, the Director 

24 of the Office of Personnel Management may not award 

25 a contract to an entity under which the entity will conduct 


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1 quality review processes for background investigation 

2 fieldwork services or background investigation support 

3 services that, as of the date of the award of the contract, 

4 are being conducted by that entity. 

Æ 


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