S. 1276 — what changed

Security Clearance Oversight and Reform Enhancement Act

From Reported in Senate to Engrossed in Senate. 2 removed between Reported in Senate and Engrossed in Senate.

Sec. 3 Termination and debarment of individuals involved in misconduct affecting the integrity of the background investigations program of the Office of Personnel Management

removed

(a)

removed Termination and Debarment— The Office of Personnel Management shall terminate or debar an individual employed or contracted by the Office of Personnel Management if the Office of Personnel Management determines, based upon a preponderance of the evidence, that the individual was involved in misconduct affecting the integrity of the background investigations program of the Office of Personnel Management, including, but not limited to—

(1)

removed falsification of a background investigation report;

(2)

removed fraud relating to a background investigation report;

(3)

removed failure to review a background investigation report;

(4)

removed impersonation of a Federal law enforcement officer; or

(5)

removed abuse of authority relating to the employment or contract by the Office of Personnel Management.

(b)

removed Procedures for determination of termination and debarment—

(1)

removed Establishment of procedures— The Office of Personnel Management shall establish procedures under which the Office of Personnel Management shall determine whether an employee or contractor should be terminated or debarred under subsection (a).

(2)

removed Due process— Notwithstanding chapters 5 and 75 of title 5, United States Code, the procedures established under paragraph (1) shall ensure that—

(A)

removed the employee or contractor is provided with notice and opportunity to be heard; and

(B)

removed the determination whether to terminate, debar, or reinstate the employee or contractor is made expeditiously.

Sec. 4 Director of National Intelligence guidance on determinations of positions requiring a security clearance

removed

(a)

removed Guidance— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall issue guidance for the departments and agencies of the Federal Government to be used by such departments and agencies to—

(1)

removed determine whether the occupant of a position requires a security clearance for the performance of the duties of such position; and

(2)

removed periodically review and, if necessary, revise the designation of a position as requiring a security clearance for the performance of the duties of such position.

(b)

removed Procedures— The guidance described under subsection (a) shall include such procedures for the discharge of the guidance as the Director of National Intelligence considers appropriate.