II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Employees’ 

5 Security Clearances Act of 2019’’. 


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•S 464 PCS

1 SEC. 2. TREATMENT OF LAPSE IN APPROPRIATIONS AS 

2 MITIGATING CONDITION IN FINANCIAL CON3 SIDERATION FOR SECURITY CLEARANCES. 

4 (a) DEFINITIONS.—In this section: 

5 (1) AGENCY.—The term ‘‘agency’’ has the 

6 meaning given the term ‘‘Executive agency’’ in sec7 tion 105 of title 5, United States Code. 

8 (2) COVERED EMPLOYEE.—the term ‘‘covered 

9 employee’’— 

10 (A) means— 

11 (i) an officer or employee of the 

12 United States Government furloughed dur13 ing a lapse in appropriations; and 

14 (ii) an excepted employee or an em15 ployee performing emergency work, as such 

16 terms are defined by the Office of Per17 sonnel Management; and 

18 (B) includes a contractor of an agency 

19 subject to a lapse in appropriations. 

20 (3) NATIONAL SECURITY ELIGIBILITY.—The 

21 term ‘‘national security eligibility’’ has the meaning 

22 given such term in Security Executive Agent Direc23 tive 4 (relating to National Security Adjudicative 

24 Guidelines), as in effect on the day before the date 

25 of the enactment of this Act. 


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•S 464 PCS

1 (4) SECURITY EXECUTIVE AGENT.—The term 

2 ‘‘Security Executive Agent’’ means the official acting 

3 as the Security Executive Agent in accordance with 

4 Executive Order 13467 (73 Fed. Reg. 38103; 50 

5 U.S.C. 3161 note; relating to reforming processes 

6 related to suitability for government employment, 

7 fitness for contractor employees, and eligibility for 

8 access to classified national security information), or 

9 successor order. 

10 (b) IN GENERAL.—Whenever the head of an agency 

11 determines whether to grant a covered employee national 

12 security eligibility or continue a covered employee’s na13 tional security eligibility, the head shall consider a lapse 

14 in appropriations a condition that could mitigate a secu15 rity concern with respect to financial considerations. 

16 (c) CREDIT SCORES OR NEGATIVE INFORMATION IN

17 A CONSUMER CREDIT FILE.—No head of an agency may 

18 revoke the national security eligibility of a covered em19 ployee because of a reduction in the credit score or nega20 tive information in a consumer credit file of the covered 

21 employee that is attributable to disrupted income pay22 ments as a result of a lapse in appropriations. 

23 (d) MODIFICATION OF POLICIES, GUIDELINES, AND

24 DIRECTIVES.—Not later than 60 days after the date of 

25 the enactment of this Act, the Security Executive Agent 


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•S 464 PCS

1 shall revise such policies, guidelines, and directives, includ2 ing the Security Executive Agent Directive 4 (relating to 

3 National Security Adjudicative Guidelines), or successor 

4 directive, as may be necessary to carry out this section. 


kjohnson on DSK79L0C42 with BILLS

kjohnson on DSK79L0C42 with BILLS
Calendar No. 23 

116TH CONGRESS 

1ST SESSION S. 464 

A BILL 

To require the treatment of a lapse in appropriaand for other purposes. nancial considerations for security clearances, tions as a mitigating condition when assessing fiFEBRUARY 13, 2019 

Read the second time and placed on the calendar 


kjohnson on DSK79L0C42 with BILLS