[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 464 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 23
116th CONGRESS
1st Session
S. 464
To require the treatment of a lapse in appropriations as a mitigating
condition when assessing financial considerations for security
clearances, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2019
Mr. Cardin (for himself, Mr. Leahy, Mr. Jones, Ms. Baldwin, Mr. Kaine,
Mrs. Feinstein, Ms. Hirono, Ms. Klobuchar, Mr. Durbin, Mrs. Shaheen,
Ms. Cortez Masto, Ms. Hassan, and Mr. Van Hollen) introduced the
following bill; which was read the first time
February 13, 2019
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To require the treatment of a lapse in appropriations as a mitigating
condition when assessing financial considerations for security
clearances, and for other purposes.
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 ``Protecting Employees' Security
Clearances Act of 2019''.
SEC. 2. TREATMENT OF LAPSE IN APPROPRIATIONS AS MITIGATING CONDITION IN
FINANCIAL CONSIDERATION FOR SECURITY CLEARANCES.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(2) Covered employee.--the term ``covered employee''--
(A) means--
(i) an officer or employee of the United
States Government furloughed during a lapse in
appropriations; and
(ii) an excepted employee or an employee
performing emergency work, as such terms are
defined by the Office of Personnel Management;
and
(B) includes a contractor of an agency subject to a
lapse in appropriations.
(3) National security eligibility.--The term ``national
security eligibility'' has the meaning given such term in
Security Executive Agent Directive 4 (relating to National
Security Adjudicative Guidelines), as in effect on the day
before the date of the enactment of this Act.
(4) Security executive agent.--The term ``Security
Executive Agent'' means the official acting as the Security
Executive Agent in accordance with Executive Order 13467 (73
Fed. Reg. 38103; 50 U.S.C. 3161 note; relating to reforming
processes related to suitability for government employment,
fitness for contractor employees, and eligibility for access to
classified national security information), or successor order.
(b) In General.--Whenever the head of an agency determines whether
to grant a covered employee national security eligibility or continue a
covered employee's national security eligibility, the head shall
consider a lapse in appropriations a condition that could mitigate a
security concern with respect to financial considerations.
(c) Credit Scores or Negative Information in a Consumer Credit
File.--No head of an agency may revoke the national security
eligibility of a covered employee because of a reduction in the credit
score or negative information in a consumer credit file of the covered
employee that is attributable to disrupted income payments as a result
of a lapse in appropriations.
(d) Modification of Policies, Guidelines, and Directives.--Not
later than 60 days after the date of the enactment of this Act, the
Security Executive Agent shall revise such policies, guidelines, and
directives, including the Security Executive Agent Directive 4
(relating to National Security Adjudicative Guidelines), or successor
directive, as may be necessary to carry out this section.
Calendar No. 23
116th CONGRESS
1st Session
S. 464
_______________________________________________________________________
A BILL
To require the treatment of a lapse in appropriations as a mitigating
condition when assessing financial considerations for security
clearances, and for other purposes.
_______________________________________________________________________
February 13, 2019
Read the second time and placed on the calendar