Security Clearance Accountability, Reform, and Enhancement Act of 2015

Bill: 114-s-434
Sponsor: Sen. Tester, Jon [D-MT]
Introduced: 2015-02-10 in the Senate
Policy area: Government Operations and Politics
Subjects: Congressional oversight
Consumer credit
Fraud offenses and financial crimes
Government employee pay, benefits, personnel management
Government ethics and transparency, public corruption
Government studies and investigations
Intelligence activities, surveillance, classified information
Personnel records
Public contracts and procurement
Student records

Summary:
action_date: 2015-02-10
text: 

Security Clearance Accountability, Reform, and Enhancement Act of 2015
 
 
Deems a federal agency employee to be unfit for federal employment if the agency determines that the 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 annually to Congress 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. 
 
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.
 
 Provides that a contract may not be entered into, and an extension of or option on a contract may not be exercised, with a contractor to conduct a quality review process relating to background investigation fieldwork or support services if the contractor is performing the services to be reviewed.
 
Defines: 
 
 
"background investigation fieldwork services" as the investigatory fieldwork conducted to determine the eligibility of an individual for logical and physical access to federally-controlled facilities or information systems, suitability or fitness for federal employment, eligibility for access to classified information or to hold a national security sensitive position, or fitness to perform work for or on behalf of the federal government as a contractor or employee, including interviews with individuals who might have relevant knowledge of the individual and reviews of educational and employment records, criminal and other legal records, and credit history; and 
"quality review process" as performing the final quality review of a background investigation to ensure that investigative, administrative, and other required standards have been met before the completed background investigation is delivered to the adjudicating agency (i.e., the agency that requested the background check and that has final decision-making authority). 
 

action_date: 2016-04-28
text: 
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
 

Security Clearance Accountability, Reform, and Enhancement Act of 2015
 
 
TITLE I--SECURITY CLEARANCE ACCOUNTABILITY, REFORM, AND ENHANCEMENT
 
(Sec. 102) This bill: (1) deems a federal agency employee to be unfit for federal employment if the agency determines that the employee has engaged in misconduct affecting the integrity of a background investigation, including falsification of any information relating to such an investigation (covered misconduct); (2) 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; (3) extends such sanctions to employees performing background investigations under a contract between an agency and a prime contractor and subcontractors (covered contract); and (4) 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. 
 
The President must report annually to Congress 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. 103) The President must: (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.
 
TITLE II--PREVENTING CONFLICTS OF INTEREST WITH CONTRACTORS
 
 (Sec. 202) The bill provides that a contract may not be entered into, and an extension of or option on a contract may not be exercised, with a contractor to conduct a quality review process relating to background investigation fieldwork or support services if the contractor is performing the services to be reviewed.
 
The bill defines: 
 
 
"background investigation fieldwork services" as the investigatory fieldwork conducted to determine the eligibility of an individual for logical and physical access to federally-controlled facilities or information systems, suitability or fitness for federal employment, eligibility for access to classified information or to hold a national security sensitive position, or fitness to perform work for or on behalf of the federal government as a contractor or employee, including interviews with individuals who might have relevant knowledge of the individual and reviews of educational and employment records, criminal and other legal records, and credit history; and 
"quality review process" as performing the final quality review of a background investigation to ensure that investigative, administrative, and other required standards have been met before the completed background investigation is delivered to the adjudicating agency (i.e., the agency that requested the background check and that has final decision-making authority). 
 

action_date: 2016-11-17
text: 
(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.)
 

Security Clearance Accountability, Reform, and Enhancement Act of 2015
 
 
TITLE I--SECURITY CLEARANCE ACCOUNTABILITY, REFORM, AND ENHANCEMENT
 
(Sec. 102) This bill: (1) deems a federal agency employee to be unfit for federal employment if the agency determines that the employee has engaged in misconduct affecting the integrity of a background investigation, including falsification of any information relating to such an investigation (covered misconduct); (2) 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; (3) extends such sanctions to employees performing background investigations under a contract between an agency and a prime contractor and subcontractors (covered contract); and (4) 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. 
 
The President must report annually to Congress 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. 103) The President must: (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.
 
TITLE II--PREVENTING CONFLICTS OF INTEREST WITH CONTRACTORS
 
 (Sec. 202) The bill provides that a contract may not be entered into, and an extension of or option on a contract may not be exercised, with a contractor to conduct a quality review process relating to background investigation fieldwork or support services if the contractor is performing the services to be reviewed.
 
The bill defines: 
 
 
"background investigation fieldwork services" as the investigatory fieldwork conducted to determine the eligibility of an individual for logical and physical access to federally-controlled facilities or information systems, suitability or fitness for federal employment, eligibility for access to classified information or to hold a national security sensitive position, or fitness to perform work for or on behalf of the federal government as a contractor or employee, including interviews with individuals who might have relevant knowledge of the individual and reviews of educational and employment records, criminal and other legal records, and credit history; and 
"quality review process" as performing the final quality review of a background investigation to ensure that investigative, administrative, and other required standards have been met before the completed background investigation is delivered to the adjudicating agency (i.e., the agency that requested the background check and that has final decision-making authority). 
 


Legislative actions:
action_date: 2016-11-18
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2016-11-18
text: Received in the House.
action_date: 2016-11-18
text: Message on Senate action sent to the House.
action_date: 2016-11-17
text: Passed Senate without amendment by Unanimous Consent. (consideration: CR S6493-6495; text as passed Senate: CR S6493-6495)
action_date: 2016-11-17
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S6493-6495; text as passed Senate: CR S6493-6495)
action_date: 2016-04-28
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 453.
action_date: 2016-04-28
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson without amendment. With written report No. 114-246.
action_date: 2016-04-28
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson without amendment. With written report No. 114-246.
action_date: 2015-05-06
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.
action_date: 2015-02-10
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2015-02-10
text: Introduced in Senate