[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5482 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5482

 To enhance the Office of Personnel Management background check system 
   for the granting, denial, or revocation of security clearances or 
 access to classified information of employees and contractors of the 
                          Federal Government.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 16, 2014

  Mr. Kelly of Pennsylvania introduced the following bill; which was 
 referred to the Select Committee on Intelligence (Permanent Select), 
 and in addition to the Committee on Oversight and Government Reform, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To enhance the Office of Personnel Management background check system 
   for the granting, denial, or revocation of security clearances or 
 access to classified information of employees and contractors of the 
                          Federal Government.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhanced Security Clearance Act of 
2014''.

SEC. 2. ENHANCING GOVERNMENT PERSONNEL SECURITY PROGRAMS.

    (a) Definitions.--In this section--
            (1) the term ``covered individual'' means an individual who 
        has been determined eligible for access to classified 
        information or eligible to hold a sensitive position; and
            (2) the term ``periodic reinvestigations'' means 
        investigations conducted for the purpose of updating a 
        previously completed background investigation--
                    (A) every 5 years in the case of--
                            (i) eligibility for access to top secret 
                        information or access to a highly sensitive 
                        program; or
                            (ii) eligibility to hold a special 
                        sensitive or critical sensitive position;
                    (B) every 10 years in the case of--
                            (i) eligibility for access to secret 
                        information; or
                            (ii) eligibility to hold a noncritical 
                        sensitive position; or
                    (C) every 15 years in the case of eligibility for 
                access to confidential information.
    (b) Resolution of Backlog of Overdue Periodic Reinvestigations.--
            (1) In general.--The Director of National Intelligence 
        shall develop and implement a plan to eliminate the backlog of 
        overdue periodic reinvestigations of covered individuals.
            (2) Requirements.--The plan developed under paragraph (1) 
        shall--
                    (A) use a risk-based approach to--
                            (i) identify high-risk populations; and
                            (ii) prioritize reinvestigations that are 
                        due or overdue to be conducted; and
                    (B) use random automated record checks (consistent 
                with the requirements of paragraph (3)) of covered 
                individuals that shall include all covered individuals 
                in the pool of individuals subject to a one-time check.
            (3) Automated record checks.--An automated record check 
        with respect to a covered individual shall use and examine 
        comprehensive sources of information, including--
                    (A) publicly available online electronic 
                information regarding such individual, including blogs, 
                microblogs, forums, news Web sites, and picture and 
                video sharing Web sites;
                    (B) publicly available social media data regarding 
                such individual, including pictures, videos, posts, or 
                comments;
                    (C) information relating to criminal or civil legal 
                proceedings applicable to such individual;
                    (D) public news article, press reports, or media 
                clippings which detail relevant security or 
                counterintelligence information; and
                    (E) financial information relating to the covered 
                individual, including the credit worthiness of the 
                covered individual.
    (c) Enhanced Security Clearance Programs.--Part III of title 5, 
United States Code, is amended by adding at the end the following:

           ``Subpart J--Enhanced Personnel Security Programs

          ``CHAPTER 110--ENHANCED PERSONNEL SECURITY PROGRAMS

``Sec.
``11001. Enhanced personnel security programs.
``Sec. 11001. Enhanced personnel security programs
    ``(a) Definitions.--In this section--
            ``(1) the term `agency' has the meaning given that term in 
        section 3001 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (50 U.S.C. 3341);
            ``(2) the term `consumer reporting agency' has the meaning 
        given that term in section 603 of the Fair Credit Reporting Act 
        (15 U.S.C. 1681a);
            ``(3) the term `covered individual' means an individual who 
        has been determined eligible for access to classified 
        information or eligible to hold a sensitive position;
            ``(4) the term `enhanced personnel security program' means 
        a program implemented by an agency at the direction of the 
        Director of National Intelligence under subsection (b); and
            ``(5) the term `periodic reinvestigations' means 
        investigations conducted for the purpose of updating a 
        previously completed background investigation--
                    ``(A) every 5 years in the case of--
                            ``(i) eligibility for access to top secret 
                        information or access to a highly sensitive 
                        program; or
                            ``(ii) eligibility to hold a special 
                        sensitive or critical sensitive position;
                    ``(B) every 10 years in the case of--
                            ``(i) eligibility for access to secret 
                        information; or
                            ``(ii) eligibility to hold a noncritical 
                        sensitive position; or
                    ``(C) every 15 years in the case of eligibility for 
                access to confidential information.
    ``(b) Enhanced Personnel Security Program.--The Director of 
National Intelligence shall direct each agency to implement a program 
to provide enhanced security review of covered individuals--
            ``(1) in accordance with this section; and
            ``(2) not later than the earlier of--
                    ``(A) the date that is 5 years after the date of 
                enactment of the Enhanced Security Clearance Act of 
                2014; or
                    ``(B) the date on which the backlog of overdue 
                periodic reinvestigations of covered individuals is 
                eliminated, as determined by the Director of National 
                Intelligence.
    ``(c) Comprehensiveness.--
            ``(1) Sources of information.--The enhanced personnel 
        security program of an agency shall integrate relevant 
        information from various sources, including government, 
        publicly available, and commercial data sources, consumer 
        reporting agencies, social media, and such other sources as 
        determined by the Director of National Intelligence. 
            ``(2) Types of information.--Information obtained and 
        integrated from sources described in paragraph (1) may 
        include--
                    ``(A) information relating to any criminal or civil 
                legal proceeding;
                    ``(B) financial information relating to the covered 
                individual, including the credit worthiness of the 
                covered individual;
                    ``(C) public information, including news articles 
                or reports, that includes relevant security or 
                counterintelligence information about the covered 
                individual;
                    ``(D) publicly available electronic information, to 
                include relevant security or counterintelligence 
                information on any social media Web site or forum, 
                blog, microblog, picture or video sharing Web site and 
                other public online content that may suggest ill 
                intent, vulnerability to blackmail, compulsive 
                behavior, allegiance to another country, illegal drug 
                use, criminal activity, material falsification, change 
                in ideology, or any other information that may suggest 
                the covered individual lacks good judgment, reliability 
                or trustworthiness; and
                    ``(E) data maintained on any terrorist or criminal 
                watch list maintained by any agency, State or local 
                government, or international organization.
    ``(d) Reviews of Covered Individuals.--
            ``(1) Reviews.--
                    ``(A) In general.--The enhanced personnel security 
                program of an agency shall require that, not less than 
                2 times every 5 years, the head of the agency shall 
                conduct or request the conduct of automated record 
                checks and checks of information from sources under 
                subsection (c) to ensure the continued eligibility of 
                each covered individual employed or contracted with by 
                the agency, unless more frequent reviews of automated 
                record checks and checks of information from sources 
                under subsection (c) are conducted on the covered 
                individual.
                    ``(B) Scope of reviews.--Except for a covered 
                individual who is subject to more frequent reviews to 
                ensure the continued eligibility of the covered 
                individual, the reviews under subparagraph (A) shall 
                consist of random or aperiodic checks of covered 
                individuals, such that each covered individual is 
                subject to at least 2 reviews during the 5-year period 
                beginning on the date on which the agency implements 
                the enhanced personnel security program of an agency, 
                and during each 5-year period thereafter.
                    ``(C) Individual reviews.--A review of the 
                information relating to the continued eligibility of a 
                covered individual under subparagraph (A) may not be 
                conducted until after the end of the 120-day period 
                beginning on the date the covered individual receives 
                the notification required under paragraph (3).
            ``(2) Results.--The head of an agency shall take 
        appropriate action if a review under paragraph (1) finds 
        relevant information that may affect the continued eligibility 
        of a covered individual.
            ``(3) Information for covered individuals.--The head of an 
        agency shall ensure that each covered individual employed by 
        the agency or a contractor of the agency is adequately advised 
        of the types of relevant security or counterintelligence 
        information the covered individual is required to report to the 
        head of the agency.
            ``(4) Limitation.--Nothing in this subsection shall be 
        construed to affect the authority of an agency to determine the 
        appropriate weight to be given to information relating to a 
        covered individual in evaluating the continued eligibility of 
        the covered individual.
            ``(5) Guidance for minor financial or mental health 
        issues.--The Director of National Intelligence shall issue 
        guidance defining minor financial or mental health issues, in 
        accordance with this section and any direction from the 
        President.
            ``(6) Authority of the president.--Nothing in this 
        subsection shall be construed as limiting the authority of the 
        President to direct or perpetuate periodic reinvestigations of 
        a more comprehensive nature or to delegate the authority to 
        direct or perpetuate such reinvestigations.
    ``(e) Audit.--
            ``(1) In general.--Beginning 2 years after the date of 
        implementation of the enhanced personnel security program of an 
        agency under subsection (b), the Inspector General of the 
        agency shall conduct at least 1 audit to assess the 
        effectiveness and fairness, which shall be determined in 
        accordance with performance measures and standards established 
        by the Director of National Intelligence, to covered 
        individuals of the enhanced personnel security program of the 
        agency.
            ``(2) Submissions to the dni.--The results of each audit 
        conducted under paragraph (1) shall be submitted to the 
        Director of National Intelligence to assess the effectiveness 
        and fairness of the enhanced personnel security programs across 
        the Federal Government.''.
    (d) Technical and Conforming Amendment.--The table of chapters for 
part III of title 5, United States Code, is amended by adding at the 
end following:

           ``Subpart J--Enhanced Personnel Security Programs

``110.  Enhanced personnel security programs................   11001''.
                                 <all>