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

                                                       Calendar No. 610
113th CONGRESS
  2d Session
                                S. 1618

                          [Report No. 113-283]

 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, Ms. Heitkamp, 
Mrs. Boxer, Mrs. Shaheen, Ms. Landrieu, and Mrs. Gillibrand) introduced 
the following bill; which was read twice and referred to the Committee 
             on Homeland Security and Governmental Affairs

                            December 2, 2014

Reported by Mr. Carper, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Enhanced Security Clearance 
Act of 2013''.</DELETED>

<DELETED>SEC. 2. OFFICE OF PERSONNEL MANAGEMENT ENHANCED SECURITY 
              CLEARANCE SYSTEM.</DELETED>

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

<DELETED>``Subpart J--Office of Personnel Management Enhanced Security 
                       Clearance System</DELETED>

    <DELETED>``CHAPTER 110--OFFICE OF PERSONNEL MANAGEMENT ENHANCED 
                  SECURITY CLEARANCE SYSTEM</DELETED>

<DELETED>``Sec.
<DELETED>``11001. Office of Personnel Management enhanced security 
                            clearance system.
<DELETED>``Sec. 11001. Office of Personnel Management enhanced security 
              clearance system.</DELETED>
<DELETED>    ``(a) Definitions.--In this section--</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(5) the term `major consumer reporting agency' 
        means a major consumer reporting agency as determined by the 
        Director of the Office of Personnel Management.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Comprehensiveness.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Types of information.--Information obtained 
        and integrated from sources described in paragraph (1) shall 
        include--</DELETED>
                <DELETED>    ``(A) information relating to any criminal 
                or civil legal proceeding to which the covered 
                individual is or becomes a party or witness;</DELETED>
                <DELETED>    ``(B) financial information relating to 
                the covered individual, including information relating 
                to--</DELETED>
                        <DELETED>    ``(i) any bankruptcy proceeding of 
                        the covered individual;</DELETED>
                        <DELETED>    ``(ii) any lien against property 
                        of the covered individual;</DELETED>
                        <DELETED>    ``(iii) credit reports from the 
                        major consumer reporting agencies relating to 
                        the covered individual;</DELETED>
                        <DELETED>    ``(iv) mortgage fraud engaged in 
                        by the covered individual;</DELETED>
                        <DELETED>    ``(v) high-value assets, including 
                        financial assets, obtained by the covered 
                        individual from an unknown source; 
                        and</DELETED>
                        <DELETED>    ``(vi) bank accounts and the bank 
                        account balances of the covered 
                        individual;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(D) public information, including news 
                articles or reports, that includes derogatory 
                information about the covered individual;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the Office of Foreign Assets 
                        Control of the Department of the 
                        Treasury;</DELETED>
                        <DELETED>    ``(ii) the Federal Bureau of 
                        Investigation; and</DELETED>
                        <DELETED>    ``(iii) the International Criminal 
                        Police Organization.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Reviews of Security Clearances and Access.--
</DELETED>
        <DELETED>    ``(1) Reviews.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Reporting results.--The Director of the 
        Office of Personnel Management shall--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) provide such information to the 
                agency.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Individuals Under Investigation.--</DELETED>
        <DELETED>    ``(1) Requirements for inspector general.--The 
        Inspector General of each agency shall--</DELETED>
                <DELETED>    ``(A) maintain a list of each individual 
                employed by or contracted with the agency who--
                </DELETED>
                        <DELETED>    ``(i) has an active security 
                        clearance or access to classified information; 
                        and</DELETED>
                        <DELETED>    ``(ii) is the subject of a 
                        completed investigation by the Director of the 
                        Office of Personnel Management or such 
                        Inspector General; and</DELETED>
                <DELETED>    ``(B) provide the list required under 
                subparagraph (A) to the Director of the Office of 
                Personnel Management upon request.</DELETED>
        <DELETED>    ``(2) Requirements for director of the office of 
        personnel management.--The Director of the Office of Personnel 
        Management shall--</DELETED>
                <DELETED>    ``(A) request the list required under 
                paragraph (1)(A) before any notification under 
                subsection (d)(2)(A); and</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in paragraph (2)--</DELETED>
                <DELETED>    (A) in the matter preceding subparagraph 
                (A), by striking ``paragraph (3)'' and inserting 
                ``paragraphs (3) and (4)'';</DELETED>
                <DELETED>    (B) in subparagraph (C), by striking 
                ``or'' at the end;</DELETED>
                <DELETED>    (C) in subparagraph (D), by striking the 
                period and inserting ``; or''; and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) an authorized contractor or 
                        subcontractor of the Federal Government.''; 
                        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (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:</DELETED>

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

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

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 periodically, with a frequency as 
        required by the Director of National Intelligence, for the 
        purpose of updating a previously completed background 
        investigation.
    (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 of covered 
                individuals that shall include all covered individuals 
                in the pool of individuals subject to a one-time check.
    (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 periodically, with a frequency as 
        required by the Director of National Intelligence, for the 
        purpose of updating a previously completed background 
        investigation.
    ``(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 website or forum, that 
                may suggest ill intent, vulnerability to blackmail, 
                compulsive behavior, allegiance to another country, 
                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 by the agency or a 
                contractor of 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''.
            Amend the title so as to read: ``A bill to enhance 
        background checks for the granting, denial, or revocation of 
        eligibility for access to classified information for employees 
        and contractors of the Federal Government, or eligibility to 
        hold a sensitive position for Federal employees.''.
                                                       Calendar No. 610

113th CONGRESS

  2d Session

                                S. 1618

                          [Report No. 113-283]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 2, 2014

        Reported with an amendment and an amendment to the title