Preventing Conflicts of Interest with Contractors Act

Bill: 113-s-2061
Sponsor: full_name: Sen. Tester, Jon [D-MT]
Introduced: 2014-02-27
Policy area: Government Operations and Politics
Subjects: Government employee pay, benefits, personnel management

Government ethics and transparency, public corruption

Office of Personnel Management (OPM)

Performance measurement

Personnel records

Public contracts and procurement
Latest action: action_date: 2014-09-19
text: Referred to the House Committee on Oversight and Government Reform.

Summaries:
action_date: 2014-02-27
action_desc: Introduced in Senate
text: <p>Preventing Conflicts of Interest with Contractors Act - Prohibits the Director of the Office of Personnel Management (OPM) from awarding a contract to an entity to conduct quality review processes for background investigation fieldwork services or background investigation support services that are being conducted by such entity as of the date of the contract.</p>

action_date: 2014-09-16
action_desc: Reported to Senate with amendment(s)
text: <p>Preventing Conflicts of Interest with Contractors Act - Provides that 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. </p> <p>Defines, for purposes of this Act: </p> <UL> <LI>"agency" as an executive agency, a military department, an element of the intelligence community, the U.S. Postal Service (USPS), or the Postal Regulatory Commission; </LI> <LI>"background investigation fieldwork services" as 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 interviews with individuals who might have relevant knowledge of the individual and reviews of educational and employment records, criminal and other legal records, and credit history; and </LI> <LI>"quality review process" as performing the final quality review of a background investigation to ensure that investigative, administrative, and other required standards have been met before the completed background investigation is delivered to the adjudicating agency (i.e., the agency that requested the background check and that has final decision-making authority).</LI> </UL>

action_date: 2014-09-18
action_desc: Passed Senate amended
text: <p>Preventing Conflicts of Interest with Contractors Act - Provides that 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. </p> <p>Defines, for purposes of this Act: </p> <ul> <li>"agency" as an executive agency, a military department, an element of the intelligence community, the U.S. Postal Service (USPS), or the Postal Regulatory Commission; </li> <li>"background investigation fieldwork services" as 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 interviews with individuals who might have relevant knowledge of the individual and reviews of educational and employment records, criminal and other legal records, and credit history; and </li> <li>"quality review process" as performing the final quality review of a background investigation to ensure that investigative, administrative, and other required standards have been met before the completed background investigation is delivered to the adjudicating agency (i.e., the agency that requested the background check and that has final decision-making authority).</li> </ul>

tv_txt: II 113th CONGRESS 2d Session S. 2061 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. Short title This Act may be cited as the Preventing Conflicts of Interest with Contractors Act . 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 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 interest 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.

tv_txt: IC 113th CONGRESS 2d Session S. 2061 IN THE HOUSE OF REPRESENTATIVES September 19, 2014 Referred to the Committee on Oversight and Government Reform AN ACT To prevent conflicts of interest relating to contractors providing background investigation fieldwork services and investigative support services.

1. Short title This Act may be cited as the Preventing Conflicts of Interest with Contractors Act . 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. 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.

Passed the Senate September 18, 2014. Nancy Erickson, Secretary

tv_txt: 113th CONGRESS 2d Session S. 2061 IN THE SENATE OF THE UNITED STATES AN ACT To prevent conflicts of interest relating to contractors providing background investigation fieldwork services and investigative support services.

1. Short title This Act may be cited as the Preventing Conflicts of Interest with Contractors Act . 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. 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.

Passed the Senate September 18, 2014. Secretary

tv_txt: II Calendar No. 565 113th CONGRESS 2d Session S. 2061 [Report No. 113–257] 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.

1. Short title This Act may be cited as the Preventing Conflicts of Interest with Contractors Act . 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 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 interest 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.

1. Short title This Act may be cited as the Preventing Conflicts of Interest with Contractors Act . 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. 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.

September 16, 2014 Reported with an amendment