Sec. 3. Termination and debarment of individuals involved in misconduct affecting the integrity of the background investigations program of the Office of Personnel Management
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The Director shall terminate an individual employed by the Office of Personnel Management if the Director determines, based upon a preponderance of the evidence, that the individual was intentionally involved in misconduct affecting the integrity of the background investigations program of the Office of Personnel Management, including— falsification of a background investigation report; fraud relating to a background investigation report; or other serious misconduct that compromises the integrity of a background investigation report.
The Director shall debar an individual employed or contracted by a person under contract with the Office of Personnel Management if the Director determines, based upon a preponderance of the evidence, 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 Management, including— falsification of a background investigation report; fraud relating to a background investigation report; or other serious misconduct that compromises the integrity of a background investigation report.
The Director shall suspend an individual employed or contracted by a person under contract with the Office of Personnel Management if the Director determines, based upon a preponderance of the evidence, 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 Management, including— falsification of a background investigation report; fraud relating to a background investigation report; or other serious misconduct that compromises the integrity of a background investigation report.
An individual suspended under paragraph
(1)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 Management. The Director shall place on administrative leave an individual employed by the Office of Personnel Management if the Director determines, based upon a preponderance of the evidence, 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 Management, including— falsification of a background investigation report; fraud relating to a background investigation report; or other serious misconduct that compromises the integrity of a background investigation report. An individual placed on administrative leave under paragraph
(1)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 Management. The Director shall establish procedures under which subsections
(a)through
(d)shall be carried out, which shall— with respect to employees— ensure that— the employee is provided with notice and opportunity to be heard; and the determination whether to terminate or reinstate the employee is made expeditiously; and be in accordance with chapters 5 and 75 of title 5, United States Code; and with respect to individuals employed or contracted by persons under contract with the Office of Personnel Management, shall be carried out in accordance with section 9.406–3 of title 48, Code of Federal Regulations, or any successor thereto. Any covered contract shall include a provision requiring the prime contractor or subcontractor to disclose any misconduct of the type described under subsections
(a)through
(d)and any violation of Federal law to the agency in a timely manner, and in no event later than 90 days after the date that the misconduct is discovered by the prime contractor or subcontractor. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director shall submit to the appropriate congressional committees a report providing— the number of individuals terminated under subsection (a); the number of individuals debarred under subsection (b); the number of individuals suspended under subsection (c); the number of individuals placed on administrative leave under subsection (d); and details of the misconduct that resulted in each termination under subsection (a), debarment under subsection (b), suspension under subsection (c), and placement on administrative leave under subsection (d).