[Congressional Record Volume 160, Number 154 (Monday, December 15, 2014)]
[Senate]
[Pages S6866-S6867]
SECURITY CLEARANCE ACCOUNTABILITY, REFORM, AND ENHANCEMENT ACT
Mr. WALSH. I ask unanimous consent that the Senate proceed to the
consideration of Calendar No. 606, S. 1744.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1744) to strengthen the accountability of
individuals involved in misconduct affecting the integrity of
background investigations, to update guidelines for security
clearances, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Homeland Security and
Governmental Affairs, with an amendment and an amendment to the title.
(Strike out all after the enacting clause and insert the part printed
in italic.)
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Clearance
Accountability, Reform, and Enhancement Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``agency'' has the meaning given the term in
Executive Order 13467 (73 Fed. Reg. 38103);
(2) the term ``appropriate agency'' means--
(A) in the case of a prime contractor for a covered
contract, the agency with which the prime contractor entered
the covered contract; or
(B) in the case of a subcontractor for a covered contract,
any agency on whose behalf the subcontractor is performing
work under the covered contract;
(3) the term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Oversight and Government Reform and
the Permanent Select Committee on Intelligence of the House
of Representatives;
(4) the term ``background investigation'' means any
investigation required for the purpose of determining the--
(A) eligibility of a covered individual for logical and
physical access to federally controlled facilities or
information systems;
(B) suitability or fitness of a covered individual for
Federal employment;
(C) eligibility of a covered individual for access to
classified information or to hold a national security
sensitive position; or
(D) fitness of a covered individual to perform work for or
on behalf of the United States Government as a contractor
employee;
(5) the term ``covered contract'' means a contract to
conduct background investigations--
(A) between an agency and a prime contractor;
(B) between a prime contractor and a subcontractor, if the
prime contractor has a contract with an agency; or
(C) between subcontractors, if one of the subcontractors
has a contract with a prime contractor that has a contract
with an agency;
(6) the term ``covered individual'' means an individual
who--
(A) performs work for or on behalf of an agency; or
(B) seeks to perform work for or on behalf of an agency;
(7) the term ``covered misconduct'' means misconduct
affecting the integrity of a background investigation
conducted by or for an agency with investigative authority to
conduct background investigations, including--
(A) falsification of any information relating to a
background investigation; or
(B) other serious misconduct that compromises the integrity
of a background investigation;
(8) the term ``prime contractor'' means an individual who
enters into a contract with an agency; and
(9) the term ``subcontractor'' means an individual who has
contracted with a prime contractor or with another
subcontractor to perform a contract on behalf of an agency.
SEC. 3. ACCOUNTABILITY OF INDIVIDUALS INVOLVED IN MISCONDUCT
AFFECTING THE INTEGRITY OF AGENCY BACKGROUND
INVESTIGATIONS.
(a) Misconduct by Federal Employees.--
(1) Unfit for federal employment.--If an agency determines
that an employee of the agency has engaged in covered
misconduct, the employee shall be found unfit for Federal
employment.
(2) Fitness determinations.--An agency shall make a
determination under paragraph (1) in accordance with any
statutory, regulatory, or internal agency procedures
applicable to investigating alleged misconduct by employees
of the agency.
(3) Prohibition on reemployment to conduct background
investigations.--If an agency determines under paragraph (1)
that an individual is unfit for Federal employment, the
individual shall not be appointed to or continue to occupy a
position, as an employee of any agency, that requires its
occupant to perform background investigations.
(b) Misconduct by Employees Under Contract.--
(1) Ineligibility for performance of work under a covered
contract.--If an appropriate agency, prime contractor, or
subcontractor determines that an individual performing work
under a covered contract has engaged in covered misconduct,
the individual shall be ineligible to perform background
investigations under a covered contract.
(2) Mandatory disclosure.--A covered contract shall include
a provision requiring a prime contractor or subcontractor to
disclose to each appropriate agency any allegation of covered
misconduct by an employee of the prime contractor or
subcontractor not later than 24 hours after the prime
contractor or subcontractor discovers the alleged covered
misconduct.
(3) Investigation of covered misconduct.--
(A) Contractor investigation.--A covered contract shall
include a provision requiring that, not later than 5 business
days after the date on which a prime contractor or
subcontractor discloses an allegation under paragraph (2),
the prime contractor or subcontractor shall refer the
allegation of covered misconduct to the agency for
investigation.
(B) Agency investigation.--Nothing in subparagraph (A)
shall be construed to prohibit an appropriate agency from
conducting its own investigation into an allegation of
covered misconduct.
(4) Prohibition on reemployment to conduct background
investigations.--If an appropriate agency determines, based
on an investigation conducted under paragraph (3), that an
individual is ineligible to perform work under a covered
contract under paragraph (1), the individual shall be
prohibited from performing background investigations under
any covered contract.
(5) Modification of existing contracts.--Not later than 30
days after the date of enactment of this Act, any covered
contract that is in effect and was entered into before the
date of enactment of this Act shall be modified to include
the provisions required under paragraphs (2) and (3).
(c) Reporting.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the President
shall submit to the appropriate congressional committees a
report providing--
(1) the number of individuals determined to be--
(A) unfit for Federal employment under subsection (a); or
(B) ineligible to perform work under a covered contract
under subsection (b); and
(2) details of the covered misconduct that resulted in each
determination described in paragraph (1).
SEC. 4. REVIEW AND UPDATE OF POSITION DESIGNATION GUIDANCE.
(a) Guidelines.--
(1) Initial review and update of guidance.--Not later than
180 days after the date of enactment of this Act, the
President shall review and, if appropriate, update the
guidance the President issues to assist agencies in
determining--
(A) position sensitivity designation; and
(B) the appropriate background investigation to initiate
for each position designation.
(2) Reviews and revisions of position designations.--Not
less frequently than every 5 years, the President, acting
through relevant agencies (as determined by the President)
and in accordance with the guidance described in paragraph
(1), shall review and, if necessary, revise the position
designation of positions within agencies.
(b) Reports to Congress.--Not later than 30 days after
completing a review under subsection (a)(2), the President
shall submit to the appropriate congressional committees a
report on--
(1) any issues identified in the review; and
(2) the number of position designations revised as a result
of the review.
(c) No Change in Authority.--Nothing in this section limits
or expands the authority of any agency to designate a
position as sensitive or as requiring its occupant to have
access to classified information.
[[Page S6867]]
Mr. WALSH. I ask unanimous consent that the committee-reported
substitute amendment be agreed to, the bill, as amended, be read a
third time, and the Senate proceed to vote on passage of the bill, as
amended.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall it pass?
The bill (S. 1744), as amended, was passed.
Mr. WALSH. I ask unanimous consent that the committee-reported title
amendment be agreed to and the motions to reconsider be considered made
and laid upon the table with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported title amendment was agreed to, as follows:
Amend the title so as to read: ``A bill to strengthen the
accountability of individuals involved in misconduct
affecting the integrity of background investigations, to
update guidelines for position designation, and for other
purposes.''.
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