1. Short title
This Act may be cited as the “Preventing Conflicts of Interest with Contractors Act”.
Preventing Conflicts of Interest with Contractors Act
AN ACT
To prevent conflicts of interest relating to contractors providing background investigation fieldwork services and investigative support services.
2. Definitions
In this Act—
the term agency means—
an Executive agency (as defined in section 105 of title 5, United States Code);
a military department (as defined in section 102 of title 5, United States Code);
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));
the United States Postal Service; and
the Postal Regulatory Commission;
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—
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
reviews of—
educational and employment records;
criminal and other legal records; and
credit history;
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—
initial processing and scheduling of investigative requests;
information technology and information technology support;
file maintenance;
imaging or copying of investigation documents; and
mail processing; and
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.