,,ii ,calendar ,no4 #faj #aacth ,,congress #b;d ,session ,s4 #afah ,report ,no4 #aac-bhc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #cj1 #bjac,ms4 ,collins 7for herself1 ,mrs4 ,mc,caskill1 ,ms4 ,ayotte1 ,ms4 ,heitkamp1 ,mrs4 ,boxer1 ,mrs4 ,shaheen1 ,ms4 ,landrieu1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,december #b1 #bjad,reported by ,mr4 ,carper1 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 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 #bjac4 #b4 ,office of ,personnel ,management enhanced security clearance system 7a7 ,in general ,part ,,iii of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,j ,office of ,personnel ,management enhanced security clearance system #aaj ,office of ,personnel ,management enhanced security clearance system ,sec4 #aajja4 ,office of ,personnel ,management enhanced security clearance system4 #aajja4 ,office of ,personnel ,management enhanced security clearance system4 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 same 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 is being considered for1 or has been1 appointed to a position as an employee or contractor of an agency that requires its occupant to have access to classified information2 7#d7 the term enhanced security clearance system means the database established by the ,director of the ,office of ,personnel ,management under section #cjja7;e7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7;e771 including the enhancements thereto required under this section2 and 7#e7 the term major consumer reporting agency means a major consumer reporting agency as determined by the ,director of the ,office of ,personnel ,management4 7b7 ,enhanced security clearance system ,not later than #a year after the date of enactment of the ,enhanced ,security ,clearance ,act of #bjac1 the ,director of the ,office of ,personnel ,management shall implement the enhanced security clearance system4 7c7 ,comprehensiveness 7#a7 ,sources of information ,the enhanced security clearance system shall integrate information obtained from various sources1 including government1 publically available1 and commercial data sources1 the major consumer reporting agencies1 and social media4 7#b7 ,types of information ,information obtained and integrated from sources described in paragraph 7#a7 shall include-- 7,a7 information relating to any criminal or civil legal proceeding to which the covered individual is or becomes a party or witness2 7,b7 financial information relating to the covered individual1 including information relating to-- 7i7 any bankruptcy proceeding of the covered individual2 7ii7 any lien against property of the covered individual2 7iii7 credit reports from the major consumer reporting agencies relating to the covered individual2 7iv7 mortgage fraud engaged in by the covered individual2 7v7 high-value assets1 including financial assets1 obtained by the covered individual from an unknown source2 and 7vi7 bank accounts and the bank account balances of the covered individual2 7,c7 associations1 past or present1 of the covered individual with any individual or group that may suggest ill intent1 vulnerability to blackmail1 compulsive behavior1 allegiance to another country1 or change in ideology of the covered individual2 7,d7 public information1 including news articles or reports1 that includes derogatory information about the covered individual2 7,e7 information posted on any social media website or forum that may suggest ill intent1 vulnerability to blackmail1 compulsive behavior1 allegiance to another country1 or change in ideology of the covered individual2 and 7,f7 data maintained on any terrorist or criminal watch list maintained by any agency1 ,state or local government1 or international organization1 including any such list maintained by-- 7i7 the ,office of ,foreign ,assets ,control of the ,department of the ,treasury2 7ii7 the ,federal ,bureau of ,investigation2 and 7iii7 the ,international ,criminal ,police ,organization4 7#c7 ,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 information4 7#d7 ,past contacts ,the enhanced security clearance system shall have the ability to provide the contact information of family members and present and former associates1 co-habitants1 and neighbors of the covered individual that has not been provided by the covered individual4 7d7 ,reviews of security clearances and access 7#a7 ,reviews 7,a7 ,in general ,not less than #b times every #e years1 the ,director of the ,office of ,personnel ,management1 using the enhanced security clearance system1 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 access4 7,b7 ,individual reviews ,a review of the information relating to the security clearance or access to classified information 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 such covered individual receives the required notification under paragraph 7#d74 7#b7 ,reporting results ,the ,director of the ,office of ,personnel ,management shall-- 7,a7 notify the agency that employs or contracts a covered individual if a review under paragraph 7#a7 finds information pertinent to the revocation of the security clearance or access to classified information of the covered individual2 and 7,b7 provide such information to the agency4 7#c7 ,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 ,management4 7#d7 ,information for covered individuals ,the ,director of the ,office of ,personnel ,management1 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 information1 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 individual4 7#e7 ,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 individual4 7e7 ,customization ,an agency may provide to the ,director of the ,office of ,personnel ,management specific parameters1 including specifications relating to the types of information to be monitored by the enhanced security clearance system1 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 appointed4 7f7 ,individuals under investigation 7#a7 ,requirements for ,inspector ,general ,the ,inspector ,general of each agency shall-- 7,a7 maintain a list of each individual employed by or contracted with the agency who-- 7i7 has an active security clearance or access to classified information2 and 7ii7 is the subject of a completed investigation by the ,director of the ,office of ,personnel ,management or such ,inspector ,general2 and 7,b7 provide the list required under subparagraph 7,a7 to the ,director of the ,office of ,personnel ,management upon request4 7#b7 ,requirements for ,director of the ,office of ,personnel ,management ,the ,director of the ,office of ,personnel ,management shall-- 7,a7 request the list required under paragraph 7#a77;,a7 before any notification under subsection 7d77#b77;,a72 and 7,b7 include in any notification regarding a covered individual under subsection 7d77#b77;,a7 information indicating that the covered individual is included on a list maintained under paragraph 7#a77;,a74 7g7 ,audit ,beginning #b years after the date of implementation of the enhanced security clearance system under subsection 7b71 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 system1 and its fairness to covered individuals4 4 7b7 ,funding from the revolving fund of the ,office of ,personnel ,management ,section #acjd7;e77#a7 of title #e1 ,united ,states ,code1 is amended by inserting implementation of the enhanced security clearance system under section #aajja and after including4 7c7 ,amendment to the ,fair ,credit ,reporting ,act ,section #fjc7;d7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;a7d77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking paragraph 7#c7 and inserting paragraphs 7#c7 and 7#d72 7,b7 in subparagraph 7,c71 by striking or at the end2 7,c7 in subparagraph 7,d71 by striking the period and inserting 2 or2 and 7,d7 by adding at the end the following3 7,e7 any communication made in connection with the granting1 denial1 review1 or revocation of a ,federal security clearance or access to classified information of a covered individual 7as that term is defined in section #aajja of title #e1 ,united ,states ,code71 if that communication is made to-- 7i7 an agency 7as that term is defined in section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda772 or 7ii7 an authorized contractor or subcontractor of the ,federal ,government4 2 and 7#b7 by adding at the end the following3 7#d7 ,communications relating to ,federal security clearances and access to classified information ,the exclusion under paragraph 7#b77;,e7 shall not apply with respect to information originating from a major consumer reporting agency 7as that term is defined in section #aajja of title #e1 ,united ,states ,code7 relating to a credit account or the credit history of a covered individual 7as that term is defined in section #aajja of title #e1 ,united ,states ,code74 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--,office of ,personnel ,management ,enhanced ,security ,clearance ,system #aaj4,office of ,personnel ,management ,enhanced ,security ,clearance ,system #aajja 4 #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 periodically1 with a frequency as required by the ,director of ,national ,intelligence1 for the purpose of updating a previously completed background investigation4 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 of covered individuals that shall include all covered individuals in the pool of individuals subject to a one-time check4 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 periodically1 with a frequency as required by the ,director of ,national ,intelligence1 for the purpose of updating a previously completed background investigation4 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 website or forum1 that may suggest ill intent1 vulnerability to blackmail1 compulsive behavior1 allegiance to another country1 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 by the agency or a contractor of 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 ,amend the title so as to read3 ,a bill to enhance background checks for the granting1 denial1 or revocation of eligibility for access to classified information for employees and contractors of the ,federal ,government1 or eligibility to hold a sensitive position for ,federal employees44 ,december #b1 #bjad,reported with an amendment and an amendment to the title