[Congressional Record Volume 162, Number 165 (Thursday, November 17, 2016)]
[Senate]
[Pages S6493-S6495]
SECURITY CLEARANCE ACCOUNTABILITY, REFORM, AND ENHANCEMENT ACT OF 2015
Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 453, S. 434.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 434) to strengthen the accountability of
individuals involved in misconduct affecting the integrity of
background investigations, to update guidelines for security
clearances, to prevent conflicts of interest relating to
contractors providing background investigation fieldwork
services and investigative support services, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. McCONNELL. Mr. President, I further ask unanimous consent that
the bill be read a third time and passed and the motion 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 bill (S. 434) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 434
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Clearance
Accountability, Reform, and Enhancement Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--SECURITY CLEARANCE ACCOUNTABILITY, REFORM, AND ENHANCEMENT
Sec. 101. Definitions.
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Sec. 102. Accountability of individuals involved in misconduct
affecting the integrity of agency background
investigations.
Sec. 103. Review and update of position designation guidance.
TITLE II--PREVENTING CONFLICTS OF INTEREST WITH CONTRACTORS
Sec. 201. Definitions.
Sec. 202. Limitation on contracting to prevent organizational conflicts
of interest.
TITLE I--SECURITY CLEARANCE ACCOUNTABILITY, REFORM, AND ENHANCEMENT
SEC. 101. DEFINITIONS.
In this title--
(1) the term ``agency'' has the meaning given the term in
Executive Order 13467 (73 Fed. Reg. 38103), or any successor
thereto;
(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. 102. 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. 103. 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.
TITLE II--PREVENTING CONFLICTS OF INTEREST WITH CONTRACTORS
SEC. 201. DEFINITIONS.
In this title--
(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
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(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.
SEC. 202. 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.
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