,i #aacth ,,congress #b;d ,session ,h4 ,r4 #edhb ,,in ,,the ,,house ,,of ,,representatives ,september #af1 #bjad ,mr4 ,kelly of ,pennsylvania introduced the following bill2 which was referred to the ,select ,committee on ,intelligence 7,permanent ,select71 and in addition to the ,committee on ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 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 granting1 denial1 or revocation of security clearances or access to classified information of employees and contractors of the ,federal ,government4 #a4 ,short title ,this ,act may be cited as the ,enhanced ,security ,clearance ,act of #bjad4 #b4 ,enhancing government personnel security programs 7a7 ,definitions ,in this section-- 7#a7 the term covered individual means an individual who has been determined eligible for access to classified information or eligible to hold a sensitive position2 and 7#b7 the term periodic reinvestigations means investigations conducted for the purpose of updating a previously completed background investigation-- 7,a7 every #e years in the case of-- 7i7 eligibility for access to top secret information or access to a highly sensitive program2 or 7ii7 eligibility to hold a special sensitive or critical sensitive position2 7,b7 every #aj years in the case of-- 7i7 eligibility for access to secret information2 or 7ii7 eligibility to hold a noncritical sensitive position2 or 7,c7 every #ae years in the case of eligibility for access to confidential information4 7b7 ,resolution of backlog of overdue periodic reinvestigations 7#a7 ,in general ,the ,director of ,national ,intelligence shall develop and implement a plan to eliminate the backlog of overdue periodic reinvestigations of covered individuals4 7#b7 ,requirements ,the plan developed under paragraph 7#a7 shall-- 7,a7 use a risk-based approach to-- 7i7 identify high-risk populations2 and 7ii7 prioritize reinvestigations that are due or overdue to be conducted2 and 7,b7 use random automated record checks 7consistent with the requirements of paragraph 7#c77 of covered individuals that shall include all covered individuals in the pool of individuals subject to a one-time check4 7#c7 ,automated record checks ,an automated record check with respect to a covered individual shall use and examine comprehensive sources of information1 including-- 7,a7 publicly available online electronic information regarding such individual1 including blogs1 microblogs1 forums1 news ,web sites1 and picture and video sharing ,web sites2 7,b7 publicly available social media data regarding such individual1 including pictures1 videos1 posts1 or comments2 7,c7 information relating to criminal or civil legal proceedings applicable to such individual2 7,d7 public news article1 press reports1 or media clippings which detail relevant security or counterintelligence information2 and 7,e7 financial information relating to the covered individual1 including the credit worthiness of the covered individual4 7c7 ,enhanced security clearance programs ,part ,,iii of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,j ,enhanced personnel security programs #aaj ,enhanced personnel security programs ,sec4 #aajja4 ,enhanced personnel security programs4 #aajja4 ,enhanced personnel security programs 7a7 ,definitions ,in this section-- 7#a7 the term agency has the meaning given that term in section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda72 7#b7 the term consumer reporting agency has the meaning given that term in section #fjc of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;a72 7#c7 the term covered individual means an individual who has been determined eligible for access to classified information or eligible to hold a sensitive position2 7#d7 the term enhanced personnel security program means a program implemented by an agency at the direction of the ,director of ,national ,intelligence under subsection 7b72 and 7#e7 the term periodic reinvestigations means investigations conducted for the purpose of updating a previously completed background investigation-- 7,a7 every #e years in the case of-- 7i7 eligibility for access to top secret information or access to a highly sensitive program2 or 7ii7 eligibility to hold a special sensitive or critical sensitive position2 7,b7 every #aj years in the case of-- 7i7 eligibility for access to secret information2 or 7ii7 eligibility to hold a noncritical sensitive position2 or 7,c7 every #ae years in the case of eligibility for access to confidential information4 7b7 ,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-- 7#a7 in accordance with this section2 and 7#b7 not later than the earlier of-- 7,a7 the date that is #e years after the date of enactment of the ,enhanced ,security ,clearance ,act of #bjad2 or 7,b7 the date on which the backlog of overdue periodic reinvestigations of covered individuals is eliminated1 as determined by the ,director of ,national ,intelligence4 7c7 ,comprehensiveness 7#a7 ,sources of information ,the enhanced personnel security program of an agency shall integrate relevant information from various sources1 including government1 publicly available1 and commercial data sources1 consumer reporting agencies1 social media1 and such other sources as determined by the ,director of ,national ,intelligence4 7#b7 ,types of information ,information obtained and integrated from sources described in paragraph 7#a7 may include-- 7,a7 information relating to any criminal or civil legal proceeding2 7,b7 financial information relating to the covered individual1 including the credit worthiness of the covered individual2 7,c7 public information1 including news articles or reports1 that includes relevant security or counterintelligence information about the covered individual2 7,d7 publicly available electronic information1 to include relevant security or counterintelligence information on any social media ,web site or forum1 blog1 microblog1 picture or video sharing ,web site and other public online content that may suggest ill intent1 vulnerability to blackmail1 compulsive behavior1 allegiance to another country1 illegal drug use1 criminal activity1 material falsification1 change in ideology1 or any other information that may suggest the covered individual lacks good judgment1 reliability or trustworthiness2 and 7,e7 data maintained on any terrorist or criminal watch list maintained by any agency1 ,state or local government1 or international organization4 7d7 ,reviews of covered individuals 7#a7 ,reviews 7,a7 ,in general ,the enhanced personnel security program of an agency shall require that1 not less than #b times every #e years1 the head of the agency shall conduct or request the conduct of automated record checks and checks of information from sources under subsection 7c7 to ensure the continued eligibility of each covered individual employed or contracted with by the agency1 unless more frequent reviews of automated record checks and checks of information from sources under subsection 7c7 are conducted on the covered individual4 7,b7 ,scope of reviews ,except for a covered individual who is subject to more frequent reviews to ensure the continued eligibility of the covered individual1 the reviews under subparagraph 7,a7 shall consist of random or aperiodic checks of covered individuals1 such that each covered individual is subject to at least #b reviews during the #e-year period beginning on the date on which the agency implements the enhanced personnel security program of an agency1 and during each #e-year period thereafter4 7,c7 ,individual reviews ,a review of the information relating to the continued eligibility of a covered individual under subparagraph 7,a7 may not be conducted until after the end of the #abj-;day period beginning on the date the covered individual receives the notification required under paragraph 7#c74 7#b7 ,results ,the head of an agency shall take appropriate action if a review under paragraph 7#a7 finds relevant information that may affect the continued eligibility of a covered individual4 7#c7 ,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 agency4 7#d7 ,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 individual4 7#e7 ,guidance for minor financial or mental health issues ,the ,director of ,national ,intelligence shall issue guidance defining minor financial or mental health issues1 in accordance with this section and any direction from the ,president4 7#f7 ,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 reinvestigations4 7e7 ,audit 7#a7 ,in general ,beginning #b years after the date of implementation of the enhanced personnel security program of an agency under subsection 7b71 the ,inspector ,general of the agency shall conduct at least #a audit to assess the effectiveness and fairness1 which shall be determined in accordance with performance measures and standards established by the ,director of ,national ,intelligence1 to covered individuals of the enhanced personnel security program of the agency4 7#b7 ,submissions to the ,,dni ,the results of each audit conducted under paragraph 7#a7 shall be submitted to the ,director of ,national ,intelligence to assess the effectiveness and fairness of the enhanced personnel security programs across the ,federal ,government4 4 7d7 ,technical and conforming amendment ,the table of chapters for part ,,iii of title #e1 ,united ,states ,code1 is amended by adding at the end following3 ,subpart ,j--,enhanced personnel security programs #aaj4 ,enhanced personnel security programs#aajja 4