[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1744 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2013

 Mr. Tester (for himself, Mr. Portman, Mrs. McCaskill, Mr. Begich, Mr. 
   Baucus, Mr. Nelson, and Mr. Johnson of Wisconsin) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
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.

    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 ``administrative leave''--
                    (A) means a period of administratively authorized 
                absence from official duties by an employee of an 
                agency without loss of pay or charge to the leave 
                account of the employee; and
                    (B) does not include the absence of an employee of 
                an agency who is performing officially sanctioned 
                duties away from the usual work site or that are 
                different from the regular duties of the employee;
            (2) the term ``agency'' has the meaning given that term in 
        section 3001 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (50 U.S.C. 3341);
            (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 whether 
        an individual may be appointed to, or continue to occupy, a 
        position, as an employee or contractor of an agency, that 
        requires its occupant to have access to classified information 
        or secure government facilities;
            (5) the term ``covered contract'' means a contract--
                    (A) between an agency and a prime contractor;
                    (B) between a prime contractor and a subcontractor; 
                and
                    (C) between subcontractors;
            (6) the term ``debar''--
                    (A) means to prohibit an individual from being 
                appointed to, or continuing to occupy, a position, as a 
                contractor of an agency, that requires its occupant to 
                supervise, conduct, or otherwise administer background 
                investigations; and
                    (B) shall be construed within the parameters and 
                scope of debarment under subpart 9.4 of part 9 of title 
                48, Code of Federal Regulations, or any successor 
                thereto;
            (7) the term ``Director'' means the Director of the Office 
        of Personnel Management;
            (8) the term ``prime contractor'' means a person who enters 
        into a contract with an agency;
            (9) the term ``subcontractor'' means a person who has 
        contracted with a prime contractor or with another 
        subcontractor to perform a contract with an agency; and
            (10) the term ``terminate'' means to prohibit an individual 
        from being appointed to, or continuing to occupy, a position, 
        as an employee of an agency, that requires its occupant to 
        supervise, conduct, or otherwise administer background 
        investigations.

SEC. 3. TERMINATION AND DEBARMENT OF INDIVIDUALS INVOLVED IN MISCONDUCT 
              AFFECTING THE INTEGRITY OF THE BACKGROUND INVESTIGATIONS 
              PROGRAM OF THE OFFICE OF PERSONNEL MANAGEMENT.

    (a) Termination.--The Director shall terminate an individual 
employed by the Office of Personnel Management if the Director 
determines, based upon a preponderance of the evidence, that the 
individual was intentionally involved in misconduct affecting the 
integrity of the background investigations program of the Office of 
Personnel Management, including--
            (1) falsification of a background investigation report;
            (2) fraud relating to a background investigation report; or
            (3) other serious misconduct that compromises the integrity 
        of a background investigation report.
    (b) Debarment.--The Director shall debar an individual employed or 
contracted by a person under contract with the Office of Personnel 
Management if the Director determines, based upon a preponderance of 
the evidence, that the individual was intentionally involved in 
misconduct that has the potential to affect the integrity of the 
background investigations program of the Office of Personnel 
Management, including--
            (1) falsification of a background investigation report;
            (2) fraud relating to a background investigation report; or
            (3) other serious misconduct that compromises the integrity 
        of a background investigation report.
    (c) Suspension.--
            (1) In general.--The Director shall suspend an individual 
        employed or contracted by a person under contract with the 
        Office of Personnel Management if the Director determines, 
        based upon a preponderance of the evidence, that an 
        investigation is required to determine whether the individual 
        was intentionally involved in misconduct affecting the 
        integrity of the background investigations program of the 
        Office of Personnel Management, including--
                    (A) falsification of a background investigation 
                report;
                    (B) fraud relating to a background investigation 
                report; or
                    (C) other serious misconduct that compromises the 
                integrity of a background investigation report.
            (2) Duration of suspension.--An individual suspended under 
        paragraph (1) shall remain suspended until such time that the 
        Director determines that the individual was not intentionally 
        involved in misconduct affecting the integrity of the 
        background investigations program of the Office of Personnel 
        Management.
    (d) Administrative Leave.--
            (1) In general.--The Director shall place on administrative 
        leave an individual employed by the Office of Personnel 
        Management if the Director determines, based upon a 
        preponderance of the evidence, that an investigation is 
        required to determine whether the individual was intentionally 
        involved in misconduct affecting the integrity of the 
        background investigations program of the Office of Personnel 
        Management, including--
                    (A) falsification of a background investigation 
                report;
                    (B) fraud relating to a background investigation 
                report; or
                    (C) other serious misconduct that compromises the 
                integrity of a background investigation report.
            (2) Period of administrative leave.--An individual placed 
        on administrative leave under paragraph (1) shall remain on 
        administrative leave until such time that the Director 
        determines that the individual was not intentionally involved 
        in misconduct affecting the integrity of the background 
        investigations program of the Office of Personnel Management.
    (e) Procedures.--The Director shall establish procedures under 
which subsections (a) through (d) shall be carried out, which shall--
            (1) with respect to employees--
                    (A) ensure that--
                            (i) the employee is provided with notice 
                        and opportunity to be heard; and
                            (ii) the determination whether to terminate 
                        or reinstate the employee is made 
                        expeditiously; and
                    (B) be in accordance with chapters 5 and 75 of 
                title 5, United States Code; and
            (2) with respect to individuals employed or contracted by 
        persons under contract with the Office of Personnel Management, 
        shall be carried out in accordance with section 9.406-3 of 
        title 48, Code of Federal Regulations, or any successor 
        thereto.
    (f) Mandatory Disclosure.--Any covered contract shall include a 
provision requiring the prime contractor or subcontractor to disclose 
any misconduct of the type described under subsections (a) through (d) 
and any violation of Federal law to the agency in a timely manner, and 
in no event later than 90 days after the date that the misconduct is 
discovered by the prime contractor or subcontractor.
    (g) Reporting.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Director shall submit to the 
appropriate congressional committees a report providing--
            (1) the number of individuals terminated under subsection 
        (a);
            (2) the number of individuals debarred under subsection 
        (b);
            (3) the number of individuals suspended under subsection 
        (c);
            (4) the number of individuals placed on administrative 
        leave under subsection (d); and
            (5) details of the misconduct that resulted in each 
        termination under subsection (a), debarment under subsection 
        (b), suspension under subsection (c), and placement on 
        administrative leave under subsection (d).

SEC. 4. REVIEW AND UPDATE OF CLASSIFIED INFORMATION GUIDANCE.

    (a) Guidelines.--Not later than 180 days after the date of 
enactment of this Act, the President shall review and update guidance 
for agencies that shall be used to--
            (1) determine whether a position requires its occupant to 
        have a security clearance;
            (2) implement the guidance provided in paragraph (1), 
        including quality controls; and
            (3) not less frequent than every 5 years, review and, if 
        necessary, revise the designation of a position as requiring 
        its occupant to have access to classified information or secure 
        government facilities.
    (b) Reports to Congress.--Not later than 30 days after a review 
under subsection (a)(2), the President shall submit to the appropriate 
congressional committees a report on any issues identified in the 
review, and any updates made, under subsection (a)(2).
    (c) No Change in Authority.--Nothing in this section limits or 
expands the authority of any agency to designate a position as 
requiring its occupant to have access to classified information or 
secure government facilities.
                                 <all>