Security Clearance Accountability, Reform, and Enhancement Act

Bill: 113-s-1744
Sponsor: Sen. Tester, Jon [D-MT]
Introduced: 2013-11-20 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Administrative remedies
Congressional oversight
Employee leave
Fraud offenses and financial crimes
Government employee pay, benefits, personnel management
Government ethics and transparency, public corruption
Intelligence activities, surveillance, classified information
Office of Personnel Management (OPM)
Public contracts and procurement

Summary:
action_date: 2013-11-20
text: 
Security Clearance Accountability, Reform, and Enhancement Act - Requires the Director of the Office of Personnel Management (OPM) to: (1) terminate or place on administrative leave an OPM employee if the Director determines that such employee was intentionally involved in misconduct affecting the integrity of the background investigations of OPM, including falsification of a background investigation report, fraud relating to such report, or other serious misconduct that compromises the integrity of a background investigation report; and (2) debar or suspend an individual employed or contracted by a person under contract with OPM if the Director determines that such individual was intentionally involved in similar misconduct.
 
Directs the President to 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 such guidance, including quality controls; and (3) review (at least every five years) and, if necessary, revise the designation of a position as requiring its occupant to have access to classified information or secure government facilities. 

action_date: 2014-11-20
text: 
Security Clearance Accountability, Reform, and Enhancement Act - (Sec. 3) Deems a federal agency employee to be unfit for federal employment if the agency determines that such employee has engaged in misconduct affecting the integrity of a background investigation, including falsification of any information relating to such an investigation (covered misconduct). Prohibits an individual who has engaged in covered misconduct from being appointed to or continuing to occupy a position that requires the performance of background investigations. 
 
Extends such sanctions to employees performing background investigations under a contract between an agency and a prime contractor and subcontractors (covered contract). Requires a covered contract to include provisions requiring mandatory disclosure of covered misconduct within 24 hours after the contractor discovers such misconduct and referral to the agency for investigation. 
 
Requires the President to report to specified congressional committees on: (1) the number of individuals determined to be unfit for federal employment due to covered misconduct or ineligible to perform work under a covered contract; and (2) the details of such misconduct. 
 
(Sec. 4) Requires the President to: (1) review and update guidance to assist agencies in determining position sensitivity designation and the appropriate background investigation to initiate for each position designation; (2) review, not less frequently than every five years, and revise the position designation of positions within federal agencies; and (3) report on any issues identified and the number of position designations revised as a result of the review.

action_date: 2014-12-15
text: 
Security Clearance Accountability, Reform, and Enhancement Act - (Sec. 3) Deems a federal agency employee to be unfit for federal employment if the agency determines that such employee has engaged in misconduct affecting the integrity of a background investigation, including falsification of any information relating to such an investigation (covered misconduct). Prohibits an individual who has engaged in covered misconduct from being appointed to or continuing to occupy a position that requires the performance of background investigations. 
 
Extends such sanctions to employees performing background investigations under a contract between an agency and a prime contractor and subcontractors (covered contract). Requires a covered contract to include provisions requiring mandatory disclosure of covered misconduct within 24 hours after the contractor discovers such misconduct and referral to the agency for investigation. 
 
Requires the President to report to specified congressional committees on: (1) the number of individuals determined to be unfit for federal employment due to covered misconduct or ineligible to perform work under a covered contract; and (2) the details of such misconduct. 
 
(Sec. 4) Requires the President to: (1) review and update guidance to assist agencies in determining position sensitivity designation and the appropriate background investigation to initiate for each position designation; (2) review, not less frequently than every five years, and revise the position designation of positions within federal agencies; and (3) report on any issues identified and the number of position designations revised as a result of the review.


Legislative actions:
action_date: 2014-12-16
text: Held at the desk.
action_date: 2014-12-16
text: Received in the House.
action_date: 2014-12-16
text: Message on Senate action sent to the House.
action_date: 2014-12-15
text: Passed Senate with an amendment and an amendment to the Title by Voice Vote. (consideration: CR S6866-6867; text as passed Senate: CR S6866)
action_date: 2014-12-15
text: Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Voice Vote.(consideration: CR S6866-6867; text as passed Senate: CR S6866)
action_date: 2014-12-01
text: By Senator Carper from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 113-276.
action_date: 2014-12-01
text: By Senator Carper from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 113-276.
action_date: 2014-11-20
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 606.
action_date: 2014-11-20
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Carper with an amendment in the nature of a substitute and an amendment to the title. Without written report.
action_date: 2014-11-20
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Carper with an amendment in the nature of a substitute and an amendment to the title. Without written report.
action_date: 2014-05-21
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2013-11-20
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2013-11-20
text: Introduced in Senate