```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1276 Reported in Senate (RS)]

                                                       Calendar No. 199
113th CONGRESS
  1st Session
                                S. 1276

                          [Report No. 113-111]

To increase oversight of the Revolving Fund of the Office of Personnel 
 Management, strengthen the authority to terminate or debar employees 
   and contractors involved in misconduct affecting the integrity of 
  security clearance background investigations, enhance transparency 
regarding the criteria utilized by Federal departments and agencies to 
    determine when a security clearance is required, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2013

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

           September 25 (legislative day, September 24), 2013

               Reported by Mr. Carper, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To increase oversight of the Revolving Fund of the Office of Personnel 
 Management, strengthen the authority to terminate or debar employees 
   and contractors involved in misconduct affecting the integrity of 
  security clearance background investigations, enhance transparency 
regarding the criteria utilized by Federal departments and agencies to 
    determine when a security clearance is required, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Security Clearance 
Oversight and Reform Enhancement Act''.</DELETED>

<DELETED>SEC. 2. OVERSIGHT OF THE REVOLVING FUND OF THE OFFICE OF 
              PERSONNEL MANAGEMENT.</DELETED>

<DELETED>    Section 1304(e) of title 5, United States Code, is 
amended--</DELETED>
<DELETED>     (a) in paragraph (1), in the first sentence, by inserting 
before the period the following: ``, and for the cost of audits, 
investigations, and oversight activities relating to the fund and the 
functions financed by the fund, conducted by the Inspector General of 
the Office''; and</DELETED>
<DELETED>    (b) in paragraph (5), by adding at the end the following: 
``Each budget submitted under this paragraph shall include an estimate 
from the Inspector General of the Office of the amount required to pay 
the reasonable expenses to adequately audit, investigate, and perform 
other oversight activities relating to the fund and the functions 
financed by the fund for the applicable fiscal year, which shall not 
exceed 0.33 percent of the total budgetary authority requested in the 
budget estimates submitted to Congress by the Office for that fiscal 
year.''.</DELETED>

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

<DELETED>    (a) 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--</DELETED>
        <DELETED>    (1) falsification of a background investigation 
        report;</DELETED>
        <DELETED>    (2) fraud relating to a background investigation 
        report;</DELETED>
        <DELETED>    (3) failure to review a background investigation 
        report;</DELETED>
        <DELETED>    (4) impersonation of a Federal law enforcement 
        officer; or</DELETED>
        <DELETED>    (5) abuse of authority relating to the employment 
        or contract by the Office of Personnel Management.</DELETED>
<DELETED>    (b) Procedures for Determination of Termination and 
Debarment.--</DELETED>
        <DELETED>    (1) 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).</DELETED>
        <DELETED>    (2) Due process.--Notwithstanding chapters 5 and 
        75 of title 5, United States Code, the procedures established 
        under paragraph (1) shall ensure that--</DELETED>
                <DELETED>    (A) the employee or contractor is provided 
                with notice and opportunity to be heard; and</DELETED>
                <DELETED>    (B) the determination whether to 
                terminate, debar, or reinstate the employee or 
                contractor is made expeditiously.</DELETED>

<DELETED>SEC. 4. DIRECTOR OF NATIONAL INTELLIGENCE GUIDANCE ON 
              DETERMINATIONS OF POSITIONS REQUIRING A SECURITY 
              CLEARANCE.</DELETED>

<DELETED>    (a) 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--</DELETED>
        <DELETED>    (1) determine whether the occupant of a position 
        requires a security clearance for the performance of the duties 
        of such position; and</DELETED>
        <DELETED>    (2) 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.</DELETED>
<DELETED>    (b) 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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Security Clearance Oversight and 
Reform Enhancement Act''.

SEC. 2. OVERSIGHT OF THE REVOLVING FUND OF THE OFFICE OF PERSONNEL 
              MANAGEMENT.

    Section 1304(e) of title 5, United States Code, is amended--
            (1) in paragraph (1), in the first sentence, by inserting 
        before the period the following: ``, and for the cost of 
        audits, investigations, and oversight activities relating to 
        the fund and the functions financed by the fund, conducted by 
        the Inspector General of the Office''; and
            (2) in paragraph (5), by adding at the end the following: 
        ``Each budget submitted under this paragraph shall include an 
        estimate from the Inspector General of the Office of the amount 
        required to pay the reasonable expenses to adequately audit, 
        investigate, and perform other oversight activities relating to 
        the fund and the functions financed by the fund for the 
        applicable fiscal year, which shall not exceed 0.33 percent of 
        the total budgetary authority requested in the budget estimates 
        submitted to Congress by the Office for that fiscal year.''.
                                                       Calendar No. 199

113th CONGRESS

  1st Session

                                S. 1276

                          [Report No. 113-111]

_______________________________________________________________________

                                 A BILL

To increase oversight of the Revolving Fund of the Office of Personnel 
 Management, strengthen the authority to terminate or debar employees 
   and contractors involved in misconduct affecting the integrity of 
  security clearance background investigations, enhance transparency 
regarding the criteria utilized by Federal departments and agencies to 
    determine when a security clearance is required, and for other 
                               purposes.

_______________________________________________________________________

           September 25 (legislative day, September 24), 2013

                       Reported with an amendment
```