,,ii #aacth ,,congress #ast ,session ,s4 #agdd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bj1 #bjac,mr4 ,tester 7for himself1 ,mr4 ,portman1 ,mrs4 ,mc,caskill1 ,mr4 ,begich1 ,mr4 ,baucus1 ,mr4 ,nelson1 and ,mr4 ,johnson of ,wisconsin7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to strengthen the accountability of individuals involved in misconduct affecting the integrity of background investigations1 to update guidelines for security clearances1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,security ,clearance ,accountability1 ,reform1 and ,enhancement ,act4 #b4 ,definitions ,in this ,act-- 7#a7 the term administrative leave-- 7,a7 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 employee2 and 7,b7 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 employee2 7#b7 the term agency has the meaning given that term in section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda72 7#c7 the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on ,oversight and ,government ,reform and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 7#d7 the term background investigation means any investigation required for the purpose of determining whether an individual may be appointed to1 or continue to occupy1 a position1 as an employee or contractor of an agency1 that requires its occupant to have access to classified information or secure government facilities2 7#e7 the term covered contract means a contract-- 7,a7 between an agency and a prime contractor2 7,b7 between a prime contractor and a subcontractor2 and 7,c7 between subcontractors2 7#f7 the term debar-- 7,a7 means to prohibit an individual from being appointed to1 or continuing to occupy1 a position1 as a contractor of an agency1 that requires its occupant to supervise1 conduct1 or otherwise administer background investigations2 and 7,b7 shall be construed within the parameters and scope of debarment under subpart #i4d of part #i of title #dh1 ,code of ,federal ,regulations1 or any successor thereto2 7#g7 the term ,director means the ,director of the ,office of ,personnel ,management2 7#h7 the term prime contractor means a person who enters into a contract with an agency2 7#i7 the term subcontractor means a person who has contracted with a prime contractor or with another subcontractor to perform a contract with an agency2 and 7#aj7 the term terminate means to prohibit an individual from being appointed to1 or continuing to occupy1 a position1 as an employee of an agency1 that requires its occupant to supervise1 conduct1 or otherwise administer background investigations4 #c4 ,termination and debarment of individuals involved in misconduct affecting the integrity of the background investigations program of the ,office of ,personnel ,management 7a7 ,termination ,the ,director shall terminate an individual employed by the ,office of ,personnel ,management if the ,director determines1 based upon a preponderance of the evidence1 that the individual was intentionally involved in misconduct affecting the integrity of the background investigations program of the ,office of ,personnel ,management1 including-- 7#a7 falsification of a background investigation report2 7#b7 fraud relating to a background investigation report2 or 7#c7 other serious misconduct that compromises the integrity of a background investigation report4 7b7 ,debarment ,the ,director shall debar an individual employed or contracted by a person under contract with the ,office of ,personnel ,management if the ,director determines1 based upon a preponderance of the evidence1 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 ,management1 including-- 7#a7 falsification of a background investigation report2 7#b7 fraud relating to a background investigation report2 or 7#c7 other serious misconduct that compromises the integrity of a background investigation report4 7c7 ,suspension 7#a7 ,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 determines1 based upon a preponderance of the evidence1 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 ,management1 including-- 7,a7 falsification of a background investigation report2 7,b7 fraud relating to a background investigation report2 or 7,c7 other serious misconduct that compromises the integrity of a background investigation report4 7#b7 ,duration of suspension ,an individual suspended under paragraph 7#a7 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 of ,personnel ,management4 7d7 ,administrative leave 7#a7 ,in general ,the ,director shall place on administrative leave an individual employed by the ,office of ,personnel ,management if the ,director determines1 based upon a preponderance of the evidence1 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 ,management1 including-- 7,a7 falsification of a background investigation report2 7,b7 fraud relating to a background investigation report2 or 7,c7 other serious misconduct that compromises the integrity of a background investigation report4 7#b7 ,period of administrative leave ,an individual placed on administrative leave under paragraph 7#a7 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 ,management4 7e7 ,procedures ,the ,director shall establish procedures under which subsections 7a7 through 7d7 shall be carried out1 which shall-- 7#a7 with respect to employees-- 7,a7 ensure that-- 7i7 the employee is provided with notice and opportunity to be heard2 and 7ii7 the determination whether to terminate or reinstate the employee is made expeditiously2 and 7,b7 be in accordance with chapters #e and #ge of title #e1 ,united ,states ,code2 and 7#b7 with respect to individuals employed or contracted by persons under contract with the ,office of ,personnel ,management1 shall be carried out in accordance with section #i4djf-c of title #dh1 ,code of ,federal ,regulations1 or any successor thereto4 7f7 ,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 7a7 through 7d7 and any violation of ,federal law to the agency in a timely manner1 and in no event later than #ij days after the date that the misconduct is discovered by the prime contractor or subcontractor4 7g7 ,reporting ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,director shall submit to the appropriate congressional committees a report providing-- 7#a7 the number of individuals terminated under subsection 7a72 7#b7 the number of individuals debarred under subsection 7b72 7#c7 the number of individuals suspended under subsection 7c72 7#d7 the number of individuals placed on administrative leave under subsection 7d72 and 7#e7 details of the misconduct that resulted in each termination under subsection 7a71 debarment under subsection 7b71 suspension under subsection 7c71 and placement on administrative leave under subsection 7d74 #d4 ,review and update of classified information guidance 7a7 ,guidelines ,not later than #ahj days after the date of enactment of this ,act1 the ,president shall review and update guidance for agencies that shall be used to-- 7#a7 determine whether a position requires its occupant to have a security clearance2 7#b7 implement the guidance provided in paragraph 7#a71 including quality controls2 and 7#c7 not less frequent than every #e years1 review and1 if necessary1 revise the designation of a position as requiring its occupant to have access to classified information or secure government facilities4 7b7 ,reports to ,congress ,not later than #cj days after a review under subsection 7a77#b71 the ,president shall submit to the appropriate congressional committees a report on any issues identified in the review1 and any updates made1 under subsection 7a77#b74 7c7 ,no change in authority ,nothing in this section limits or expands the authority of any agency to designate a position as requiring its occupant to have access to classified information or secure government facilities4