Enhanced Security Clearance Act of 2014 - Requires the Director of National Intelligence to develop and implement a plan to eliminate the backlog of overdue periodic reinvestigations of individuals determined eligible for access to classified information or eligible to hold a sensitive position (covered individuals). Requires such plan to: (1) use a risk-based approach to identify high-risk populations and prioritize reinvestigations that are due or overdue to be conducted, and (2) 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.
Requires the Director to direct each executive agency, military department, and element of the intelligence community to implement a program to provide enhanced security review of covered individuals not later than the earlier of five years after the enactment date of this Act or the date on which the backlog of overdue periodic reinvestigations of covered individuals is eliminated. Requires such agency program to integrate relevant information from various sources to obtain information relating to any criminal or civil legal proceeding, financial and credit information, public information, publicly available electronic information on social media, and data maintained on any terrorist or criminal watch list.
Requires an agency enhanced personnel security program to conduct periodic reviews, not less than two times every five years, of information to ensure the continued eligibility of covered individuals or agency contractors for a security clearance or access to classified information.
Requires the head of each agency to ensure that each covered individual is adequately advised of the types of relevant security or counterintelligence information he or she is required to report.
Requires the Director to issue guidance defining minor financial or mental health issues.
Requires an Inspector General of an agency implementing an enhanced personnel security program to conduct at least one audit to assess the effectiveness and fairness of the program and to submit the results of the audit to the Director.
[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>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7677-7678)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Carper with an amendment in the nature of a substitute and an amendment to the title. With written report No. 113-283.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Carper with an amendment in the nature of a substitute and an amendment to the title. With written report No. 113-283.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 610.
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