[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1618 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1618

 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 SENATE OF THE UNITED STATES

                            October 30, 2013

Ms. Collins (for herself, Mrs. McCaskill, Ms. Ayotte, and Ms. Heitkamp) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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 
2013''.

SEC. 2. OFFICE OF PERSONNEL MANAGEMENT ENHANCED SECURITY CLEARANCE 
              SYSTEM.

    (a) In General.--Part III of title 5, United States Code, is 
amended by adding at the end the following:

``Subpart J--Office of Personnel Management Enhanced Security Clearance 
                                 System

    ``CHAPTER 110--OFFICE OF PERSONNEL MANAGEMENT ENHANCED SECURITY 
                            CLEARANCE SYSTEM

``Sec.
``11001. Office of Personnel Management enhanced security clearance 
                            system.
``Sec. 11001. Office of Personnel Management enhanced security 
              clearance system.
    ``(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 same 
        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 
        is being considered for, or has been, appointed to a position 
        as an employee or contractor of an agency that requires its 
        occupant to have access to classified information;
            ``(4) the term `enhanced security clearance system' means 
        the database established by the Director of the Office of 
        Personnel Management under section 3001(e) of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
        3341(e)), including the enhancements thereto required under 
        this section; and
            ``(5) the term `major consumer reporting agency' means a 
        major consumer reporting agency as determined by the Director 
        of the Office of Personnel Management.
    ``(b) Enhanced Security Clearance System.--Not later than 1 year 
after the date of enactment of the Enhanced Security Clearance Act of 
2013, the Director of the Office of Personnel Management shall 
implement the enhanced security clearance system.
    ``(c) Comprehensiveness.--
            ``(1) Sources of information.--The enhanced security 
        clearance system shall integrate information obtained from 
        various sources, including government, publically available, 
        and commercial data sources, the major consumer reporting 
        agencies, and social media.
            ``(2) Types of information.--Information obtained and 
        integrated from sources described in paragraph (1) shall 
        include--
                    ``(A) information relating to any criminal or civil 
                legal proceeding to which the covered individual is or 
                becomes a party or witness;
                    ``(B) financial information relating to the covered 
                individual, including information relating to--
                            ``(i) any bankruptcy proceeding of the 
                        covered individual;
                            ``(ii) any lien against property of the 
                        covered individual;
                            ``(iii) credit reports from the major 
                        consumer reporting agencies relating to the 
                        covered individual;
                            ``(iv) mortgage fraud engaged in by the 
                        covered individual;
                            ``(v) high-value assets, including 
                        financial assets, obtained by the covered 
                        individual from an unknown source; and
                            ``(vi) bank accounts and the bank account 
                        balances of the covered individual;
                    ``(C) associations, past or present, of the covered 
                individual with any individual or group that may 
                suggest ill intent, vulnerability to blackmail, 
                compulsive behavior, allegiance to another country, or 
                change in ideology of the covered individual;
                    ``(D) public information, including news articles 
                or reports, that includes derogatory information about 
                the covered individual;
                    ``(E) information posted on any social media 
                website or forum that may suggest ill intent, 
                vulnerability to blackmail, compulsive behavior, 
                allegiance to another country, or change in ideology of 
                the covered individual; and
                    ``(F) data maintained on any terrorist or criminal 
                watch list maintained by any agency, State or local 
                government, or international organization, including 
                any such list maintained by--
                            ``(i) the Office of Foreign Assets Control 
                        of the Department of the Treasury;
                            ``(ii) the Federal Bureau of Investigation; 
                        and
                            ``(iii) the International Criminal Police 
                        Organization.
            ``(3) Wealth indicator.--The enhanced security clearance 
        system shall have the ability to provide a wealth indicator for 
        a covered individual about whom the major credit reporting 
        agencies have little or no information.
            ``(4) Past contacts.--The enhanced security clearance 
        system shall have the ability to provide the contact 
        information of family members and present and former 
        associates, co-habitants, and neighbors of the covered 
        individual that has not been provided by the covered 
        individual.
    ``(d) Reviews of Security Clearances and Access.--
            ``(1) Reviews.--
                    ``(A) In general.--Not less than 2 times every 5 
                years, the Director of the Office of Personnel 
                Management, using the enhanced security clearance 
                system, shall review the accuracy and comprehensiveness 
                of information relating to the security clearance or 
                access to classified information of each covered 
                individual who is appointed to a position that requires 
                its occupant to have such security clearance or access.
                    ``(B) Individual reviews.--A review of the 
                information relating to the security clearance or 
                access to classified information of a covered 
                individual under subparagraph (A) may not be conducted 
                until after the end of the 120-day period beginning on 
                the date such covered individual receives the required 
                notification under paragraph (4).
            ``(2) Reporting results.--The Director of the Office of 
        Personnel Management shall--
                    ``(A) notify the agency that employs or contracts a 
                covered individual if a review under paragraph (1) 
                finds information pertinent to the revocation of the 
                security clearance or access to classified information 
                of the covered individual; and
                    ``(B) provide such information to the agency.
            ``(3) Active security clearances and access.--Each agency 
        that employs or contracts a covered individual who has an 
        active security clearance or access to classified information 
        shall provide the names of such individuals to the Director of 
        the Office of Personnel Management at intervals determined 
        appropriate by the Director of the Office of Personnel 
        Management.
            ``(4) Information for covered individuals.--The Director of 
        the Office of Personnel Management, in consultation with the 
        head of each agency that employs or contracts with covered 
        individuals who have an active security clearance or access to 
        classified information, shall ensure that each such individual 
        is adequately advised of what types of information the 
        individual is required to report to the head of the agency that 
        may be pertinent to the continuation of the security clearance 
        or access to classified information of the individual.
            ``(5) Limitation.--Nothing in this subsection shall be 
        construed as requiring increased consideration of information 
        relating to minor financial or mental health issues of a 
        covered individual in evaluating the security clearance or 
        access to classified information of such individual.
    ``(e) Customization.--An agency may provide to the Director of the 
Office of Personnel Management specific parameters, including 
specifications relating to the types of information to be monitored by 
the enhanced security clearance system, to create a method for 
evaluating the potential risk posed by a covered individual based on 
the position to which the covered individual is being considered for 
appointment or has been appointed.
    ``(f) Individuals Under Investigation.--
            ``(1) Requirements for inspector general.--The Inspector 
        General of each agency shall--
                    ``(A) maintain a list of each individual employed 
                by or contracted with the agency who--
                            ``(i) has an active security clearance or 
                        access to classified information; and
                            ``(ii) is the subject of a completed 
                        investigation by the Director of the Office of 
                        Personnel Management or such Inspector General; 
                        and
                    ``(B) provide the list required under subparagraph 
                (A) to the Director of the Office of Personnel 
                Management upon request.
            ``(2) Requirements for director of the office of personnel 
        management.--The Director of the Office of Personnel Management 
        shall--
                    ``(A) request the list required under paragraph 
                (1)(A) before any notification under subsection 
                (d)(2)(A); and
                    ``(B) include in any notification regarding a 
                covered individual under subsection (d)(2)(A) 
                information indicating that the covered individual is 
                included on a list maintained under paragraph (1)(A).
    ``(g) Audit.--Beginning 2 years after the date of implementation of 
the enhanced security clearance system under subsection (b), the 
Inspector General of the Office of Personnel Management shall conduct 
an audit of the enhanced security clearance system to assess the 
effectiveness of the enhanced security clearance system, and its 
fairness to covered individuals.''.
    (b) Funding From the Revolving Fund of the Office of Personnel 
Management.--Section 1304(e)(1) of title 5, United States Code, is 
amended by inserting ``implementation of the enhanced security 
clearance system under section 11001 and'' after ``including''.
    (c) Amendment to the Fair Credit Reporting Act.--Section 603(d) of 
the Fair Credit Reporting Act (15 U.S.C. 1681a(d)) is amended--
            (1) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``paragraph (3)'' and inserting ``paragraphs 
                (3) and (4)'';
                    (B) in subparagraph (C), by striking ``or'' at the 
                end;
                    (C) in subparagraph (D), by striking the period and 
                inserting ``; or''; and
                    (D) by adding at the end the following:
                    ``(E) any communication made in connection with the 
                granting, denial, review, or revocation of a Federal 
                security clearance or access to classified information 
                of a covered individual (as that term is defined in 
                section 11001 of title 5, United States Code), if that 
                communication is made to--
                            ``(i) an agency (as that term is defined in 
                        section 3001 of the Intelligence Reform and 
                        Terrorism Prevention Act of 2004 (50 U.S.C. 
                        3341)); or
                            ``(ii) an authorized contractor or 
                        subcontractor of the Federal Government.''; and
            (2) by adding at the end the following:
            ``(4) Communications relating to federal security 
        clearances and access to classified information.--The exclusion 
        under paragraph (2)(E) shall not apply with respect to 
        information originating from a major consumer reporting agency 
        (as that term is defined in section 11001 of title 5, United 
        States Code) relating to a credit account or the credit history 
        of a covered individual (as that term is defined in section 
        11001 of title 5, United States Code).''.
    (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--Office of Personnel Management Enhanced Security Clearance 
                                 System

``110. Office of Personnel Management Enhanced Security        11001''.
                            Clearance System.
                                 <all>