S. 1744Senate113th Congress (2013-2015)Passed Senate

Security Clearance Accountability, Reform, and Enhancement Act

Legislative Activity

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9 earlier actions

HouseFloor Latest Action

Held at the desk.

December 16, 2014 • 1:24 PM

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SenateIntro Referral

Introduced in Senate

November 20, 2013

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Homeland Security and Governmental Affairs Committee

November 20, 2013

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

Homeland Security and Governmental Affairs Committee

May 21, 2014

SenateCommittee

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.

Homeland Security and Governmental Affairs Committee

November 20, 2014

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 606.

November 20, 2014

SenateCommittee

By Senator Carper from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 113-276.

Homeland Security and Governmental Affairs Committee

December 1, 2014

SenateFloor

Passed Senate with an amendment and an amendment to the Title by Voice Vote. (consideration: CR S6866-6867; text as passed Senate: CR S6866)

December 15, 2014

SenateFloor

Message on Senate action sent to the House.

December 16, 2014

HouseFloor

Received in the House.

December 16, 2014 • 12:11 PM

HouseFloor

Held at the desk.

December 16, 2014 • 1:24 PM

Floor Debate

2 members

What members said about S. 1744 on the floor

2 Democrats

Rep. Carolyn B. MaloneyD-NY-12 · May 9, 2013

Mr. Speaker, today I am introducing an important piece of legislation, the Breastfeeding Promotion Act with my colleagues Ms. Moore, Mr. Levin, Mr. Rangel, Mr. Grijalva, Mr. Cicilline, Ms. Lee, Mr.…

The health benefits of breastfeeding, to both mother and child, are significant. Scientific studies show babies who are breastfed the first six months of life have a greatly reduced risk for acute and chronic disease, yet only ten percent of all infants in the U.S. are breastfed.

A 2001 USDA study found that if just half of the babies in the U.S. were exclusively breastfed for six months (as recommended by the United States Surgeon General), our nation would realize a savings of $3.6 billion in health care costs for the three leading childhood illnesses alone. According to the United States Breastfeeding Committee, if we replicate that study based on current breastfeeding statistics, the savings could reach nearly $11 billion in health care costs for all childhood illnesses in a single year.

I was so proud to partner with Senator Jeff Merkley (D-OR) to pass into law a provision of our bill, the Breastfeeding Promotion Act of 2009 (H.R. 2819, S. 1744), in comprehensive health care reform legislation signed by President Obama on March 23, 2010. The provision requires that employers provide breastfeeding employees, who are hourly workers, with ``reasonable break time'' and a private, non-bathroom place to express breast milk during the workday, up until the child's first birthday.

This was a great success but more work needs to be done. Our bill will further encourage and promote breastfeeding by removing common obstacles to breastfeeding and expressing milk in the workplace that many women face. This bill expands the requirement under current law for employers to provide break time to express breast milk, as well as make reasonable efforts to provide a private place for them to do so, to salaried workers in traditional work or office environments.

Public opinion and awareness of the benefits of breastfeeding continue to grow, and the momentum we've recently gained presents the perfect opportunity to build on that progress in achieving our goals.

We urge all of our colleagues to support this important legislation. The health and economic benefits of breastfeeding are overwhelming and public opinion and awareness of these benefits continue to grow. We must ensure that working moms who choose to breastfeed have the support they need to do so.

We urge all of our colleagues to support this important legislation.

Sen. John E. WalshD-MT · Dec 15, 2014

I ask unanimous consent that the Senate proceed to the consideration of Calendar No. 606, S. 1744. I ask unanimous consent that the committee-reported substitute amendment be agreed to, the bill, as…

Bill Text

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Engrossed in SenateIssued December 15, 2014

113th CONGRESS

2d Session

S. 1744

AN ACT

To strengthen the accountability of individuals involved in misconduct affecting the integrity of background investigations, to update guidelines for position designation, and for other purposes.

Short title

This Act may be cited as the Security Clearance Accountability, Reform, and Enhancement Act.

Definitions

In this Act—

(1)

the term agency has the meaning given the term in Executive Order 13467 (73 Fed. Reg. 38103);

(2)

the term appropriate agency means—

(A)

in the case of a prime contractor for a covered contract, the agency with which the prime contractor entered the covered contract; or

(B)

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)

the term background investigation means any investigation required for the purpose of determining the—

(A)

eligibility of a covered individual for logical and physical access to federally controlled facilities or information systems;

(B)

suitability or fitness of a covered individual for Federal employment;

(C)

eligibility of a covered individual for access to classified information or to hold a national security sensitive position; or

(D)

fitness of a covered individual to perform work for or on behalf of the United States Government as a contractor employee;

(5)

the term covered contract means a contract to conduct background investigations—

(A)

between an agency and a prime contractor;

(B)

between a prime contractor and a subcontractor, if the prime contractor has a contract with an agency; or

(C)

between subcontractors, if one of the subcontractors has a contract with a prime contractor that has a contract with an agency;

(6)

the term covered individual means an individual who—

(A)

performs work for or on behalf of an agency; or

(B)

seeks to perform work for or on behalf of an agency;

(7)

the term covered misconduct means misconduct affecting the integrity of a background investigation conducted by or for an agency with investigative authority to conduct background investigations, including—

(A)

falsification of any information relating to a background investigation; or

(B)

other serious misconduct that compromises the integrity of a background investigation;

(8)

the term prime contractor means an individual who enters into a contract with an agency; and

(9)

the term subcontractor means an individual who has contracted with a prime contractor or with another subcontractor to perform a contract on behalf of an agency.

Accountability of individuals involved in misconduct affecting the integrity of agency background investigations

(a)

Misconduct by Federal employees

(1)

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.

(2)

Fitness determinations

An agency shall make a 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)

Prohibition on reemployment to conduct background investigations

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 investigations.

(b)

Misconduct by employees under contract

(1)

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.

(2)

Mandatory disclosure

A covered contract shall include a 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)

Investigation of covered misconduct

(A)

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)

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.

(4)

Prohibition on reemployment to conduct background investigations

If an appropriate agency determines, based on an investigation conducted under paragraph (3), that an individual is ineligible to perform work under a covered contract under paragraph (1), the individual shall be prohibited from performing background investigations under any covered contract.

(5)

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)

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—

(1)

the number of individuals determined to be—

(A)

unfit for Federal employment under subsection (a); or

(B)

ineligible to perform work under a covered contract under subsection (b); and

(2)

details of the covered misconduct that resulted in each determination described in paragraph (1).

Review and update of position designation guidance

(a)

Guidelines

(1)

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)

position sensitivity designation; and

(B)

the appropriate background investigation to initiate for each position designation.

(2)

Reviews and revisions of position designations

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 designation of positions within agencies.

(b)

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—

(1)

any issues identified in the review; and

(2)

the number of position designations revised as a result of the review.

(c)

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.

Passed the Senate December 15, 2014.

Secretary