[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1744 Engrossed in Senate (ES)]
113th CONGRESS
2d Session
S. 1744
_______________________________________________________________________
AN ACT
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.
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''.
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.
Passed the Senate December 15, 2014.
Attest:
Secretary.
113th CONGRESS
2d Session
S. 1744
_______________________________________________________________________
AN ACT
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.