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Tester, McCaskill and Begich’s Preventing Conflicts of Interest with Contractors Act

Tester, McCaskill and Begich’s Preventing Conflicts of Interest with Contractors Act

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Published by Dan Malessa

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Published by: Dan Malessa on Feb 27, 2014
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06/23/2014

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HEN14129
Discussion Draft
S.L.C.
113
TH
CONGRESS 2
D
S
ESSION
 
S.
 ll
To prevent conflicts of interest relating to contractors providing background investigation fieldwork services and investigative support services.
IN THE SENATE OF THE UNITED STATES
 llllllllll
Mr. T
ESTER
introduced the following bill; which was read twice and referred to the Committee on
 llllllllll
A BILL
To prevent conflicts of interest relating to contractors pro- viding background investigation fieldwork services and investigative support services.
 Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Preventing Conflicts
4
of Interest with Contractors Act’’.
5
SEC. 2. DEFINITIONS.
6
In this Act—
7
(1) the term ‘‘agency’’ means—
8
(A) an Executive agency (as defined in sec-
9
tion 105 of title 5, United States Code);
10
 
2
HEN14129
Discussion Draft
S.L.C.
(B) a military department (as defined in
1
section 102 of title 5, United States Code);
2
(C) an element of the intelligence commu-
3
nity (as that term is defined in section 3 of the
4
National Security Act of 1947 (50 U.S.C.
5
3003));
6
(D) the United States Postal Service; and
7
(E) the Postal Regulatory Commission;
8
(2) the term ‘‘background investigation
9
fieldwork services’’ means the investigatory fieldwork
10
conducted to determine the eligibility of an indi-
11
 vidual for a security clearance or suitability for Fed-
12
eral employment, including—
13
(A) interviews of the individual or friends,
14
family, or other sources who might have rel-
15
evant knowledge of the individual; and
16
(B) reviews of—
17
(i) educational and employment
18
records;
19
(ii) criminal and other legal records;
20
and
21
(iii) credit history;
22
(3) the term ‘‘background investigation support
23
services’’ means the clerical, administrative, and
24
technical support services provided to various func-
25
 
3
HEN14129
Discussion Draft
S.L.C.
tions critical to the background investigation proc-
1
ess, including—
2
(A) initial processing and scheduling of in-
3
 vestigative requests;
4
(B) information technology and informa-
5
tion technology support;
6
(C) file maintenance;
7
(D) imaging or copying of investigation
8
documents; and
9
(E) mail processing; and
10
(4) the term ‘‘quality review process’’ means
11
performing the final quality review of a background
12
investigation, or assisting or facilitating the quality
13
review or another quality assurance process, to en-
14
sure investigative, administrative, and other required
15
standards have been met before the completed back-
16
ground investigation is delivered to the adjudicating
17
agency.
18
SEC. 3. ORGANIZATIONAL CONFLICTS OF INTEREST.
19
 After the date of enactment of this Act, the Director
20
of the Office of Personnel Management may not award
21
a contract to an entity under which the entity will conduct
22
quality review processes for background investigation
23
fieldwork services or background investigation support
24

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