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S. 1744 — what changed

Security Clearance Accountability, Reform, and Enhancement Act

From Reported in Senate to Engrossed in Senate. 3 sections amended between Reported in Senate and Engrossed in Senate.

Sec. 2 Definitions

In this Act—

(1)
changed the term administrative leave—agency has the meaning given the term in Executive Order 13467 (73 Fed. Reg. 38103);
(A)
removed 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)
removed 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)
changed the term appropriate 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);means—
(A)
added in the case of a prime contractor for a covered contract, the agency with which the prime contractor entered the covered contract; or
(B)
added 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)
changed 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;the—
(A)
added eligibility of a covered individual for logical and physical access to federally controlled facilities or information systems;
(B)
added suitability or fitness of a covered individual for Federal employment;
(C)
added eligibility of a covered individual for access to classified information or to hold a national security sensitive position; or
(D)
added fitness of a covered individual to perform work for or on behalf of the United States Government as a contractor employee;
(5)
changed the term covered contract means a contract—contract to conduct background investigations—
(A)
between an agency and a prime contractor;
(B)
changed between a prime contractor and a subcontractor; andsubcontractor, if the prime contractor has a contract with an agency; or
(C)
changed between subcontractors;subcontractors, if one of the subcontractors has a contract with a prime contractor that has a contract with an agency;
(6)
changed the term debar—covered individual means an individual who—
(A)
changed means to prohibit an individual from being appointed to, performs work for or continuing to occupy, a position, as a contractor on behalf of an agency, that requires its occupant to supervise, conduct, or otherwise administer background investigations; andagency; or
(B)
changed shall be construed within the parameters and scope of debarment under subpart 9.4 of part 9 of title 48, Code of Federal Regulations, seeks to perform work for or any successor thereto;on behalf of an agency;
(7)
changed the term Director covered misconduct means the Director of misconduct affecting the Office integrity of Personnel Management;a background investigation conducted by or for an agency with investigative authority to conduct background investigations, including—
(A)
added falsification of any information relating to a background investigation; or
(B)
added other serious misconduct that compromises the integrity of a background investigation;
(8)
changed the term prime contractor means a person an individual who enters into a contract with an agency;agency; and
(9)
changed the term subcontractor means a person an individual who has contracted with a prime contractor or with another subcontractor to perform a contract with on behalf of an agency; andagency.
(10)
removed 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 Accountability of individuals involved in misconduct affecting the integrity of agency background investigations

(a)
added Misconduct by Federal employees—
(1)
added 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.
(a)
removed 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—
(2)
changed Fitness determinations— falsification of An agency shall make a background investigation report;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)
changed Prohibition on reemployment to conduct background investigations— fraud relating 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 investigation report; orinvestigations.
(b)
added Misconduct by employees under contract—
(1)
added 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.
(3)
removed other serious misconduct that compromises the integrity of a background investigation report.
(b)
removed 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—
(2)
changed Mandatory disclosure— falsification of A covered contract shall include a background investigation report;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)
added Investigation of covered misconduct—
(A)
added 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)
added 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.
(2)
removed fraud relating to a background investigation report; or
(4)
changed Prohibition on reemployment to conduct background investigations— other serious misconduct If an appropriate agency determines, based on an investigation conducted under paragraph (3), that compromises the integrity of an individual is ineligible to perform work under a covered contract under paragraph (1), the individual shall be prohibited from performing background investigation report.investigations under any covered contract.
(5)
added 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)
added 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—
(c)
removed Suspension—
(1)
removed 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)
removed falsification of a background investigation report;
(B)
removed fraud relating to a background investigation report; or
(C)
removed other serious misconduct that compromises the integrity of a background investigation report.
(1)
changed 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 number of Personnel Management.individuals determined to be—
(A)
added unfit for Federal employment under subsection (a); or
(B)
added ineligible to perform work under a covered contract under subsection (b); and
(2)
added details of the covered misconduct that resulted in each determination described in paragraph (1).
(d)
removed Administrative leave—
(1)
removed 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)
removed falsification of a background investigation report;
(B)
removed fraud relating to a background investigation report; or
(C)
removed other serious misconduct that compromises the integrity of a background investigation report.
(2)
removed 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)
removed Procedures— The Director shall establish procedures under which subsections (a) through (d) shall be carried out, which shall—
(1)
removed with respect to employees—
(A)
removed ensure that—
(i)
removed the employee is provided with notice and opportunity to be heard; and
(ii)
removed the determination whether to terminate or reinstate the employee is made expeditiously; and
(B)
removed be in accordance with chapters 5 and 75 of title 5, United States Code; and
(2)
removed 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)
removed 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)
removed 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)
removed the number of individuals terminated under subsection (a);
(2)
removed the number of individuals debarred under subsection (b);
(3)
removed the number of individuals suspended under subsection (c);
(4)
removed the number of individuals placed on administrative leave under subsection (d); and
(5)
removed 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 position designation guidance

(a)
added Guidelines—
(1)
added 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)
added position sensitivity designation; and
(B)
added the appropriate background investigation to initiate for each position designation.
(a)
removed 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—
(2)
changed Reviews and revisions of position designations— determine whether a 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 requires its occupant to have a security clearance;designation of positions within agencies.
(2)
removed implement the guidance provided in paragraph (1), including quality controls; and
(3)
removed 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)
changed 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 any issues identified in the review, and any updates made, under subsection (a)(2).on—
(1)
added any issues identified in the review; and
(2)
added the number of position designations revised as a result of the review.
(c)
changed 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 or secure government facilities.information.