II 

Calendar No. 610 

113TH CONGRESS 

2D SESSION S. 1618 

[Report No. 113–283] 

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, Ms. HEITKAMP, 

Mrs. BOXER, Mrs. SHAHEEN, Ms. LANDRIEU, and Mrs. GILLIBRAND) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

DECEMBER 2, 2014 

Reported by Mr. CARPER, 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 granting, denial, or revocation of 

security clearances or access to classified information 

of employees and contractors of the Federal Government. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Enhanced Security 

3 Clearance Act of 2013’’. 

4 SEC. 2. OFFICE OF PERSONNEL MANAGEMENT ENHANCED 

5 SECURITY CLEARANCE SYSTEM. 

6 (a) IN GENERAL.—Part III of title 5, United States 

7 Code, is amended by adding at the end the following: 

8 ‘‘Subpart J—Office of Personnel Management 

9 Enhanced Security Clearance System 

10 ‘‘CHAPTER 110—OFFICE OF PERSONNEL 

11 MANAGEMENT ENHANCED SECURITY 

12 CLEARANCE SYSTEM 

‘‘Sec. 

‘‘11001. Office of Personnel Management enhanced security clearance system. 

13 ‘‘§ 11001. Office of Personnel Management enhanced 

14 security clearance system. 

15 ‘‘(a) DEFINITIONS.—In this section— 

16 ‘‘(1) the term ‘agency’ has the meaning given 

17 that term in section 3001 of the Intelligence Reform 

18 and Terrorism Prevention Act of 2004 (50 U.S.C. 

19 3341); 

20 ‘‘(2) the term ‘consumer reporting agency’ has 

21 the same meaning given that term in section 603 of 

22 the Fair Credit Reporting Act (15 U.S.C. 1681a); 

23 ‘‘(3) the term ‘covered individual’ means an in24 dividual who is being considered for, or has been, 


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1 appointed to a position as an employee or contractor 

2 of an agency that requires its occupant to have ac3 cess to classified information; 

4 ‘‘(4) the term ‘enhanced security clearance sys5 tem’ means the database established by the Director 

6 of the Office of Personnel Management under sec7 tion 3001(e) of the Intelligence Reform and Ter8 rorism Prevention Act of 2004 (50 U.S.C. 3341(e)), 

9 including the enhancements thereto required under 

10 this section; and 

11 ‘‘(5) the term ‘major consumer reporting agen12 cy’ means a major consumer reporting agency as de13 termined by the Director of the Office of Personnel 

14 Management. 

15 ‘‘(b) ENHANCED SECURITY CLEARANCE SYSTEM.— 

16 Not later than 1 year after the date of enactment of the 

17 Enhanced Security Clearance Act of 2013, the Director 

18 of the Office of Personnel Management shall implement 

19 the enhanced security clearance system. 

20 ‘‘(c) COMPREHENSIVENESS.— 

21 ‘‘(1) SOURCES OF INFORMATION.—The en22 hanced security clearance system shall integrate in23 formation obtained from various sources, including 

24 government, publically available, and commercial 


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1 data sources, the major consumer reporting agen2 cies, and social media. 

3 ‘‘(2) TYPES OF INFORMATION.—Information 

4 obtained and integrated from sources described in 

5 paragraph (1) shall include— 

6 ‘‘(A) information relating to any criminal 

7 or civil legal proceeding to which the covered in8 dividual is or becomes a party or witness; 

9 ‘‘(B) financial information relating to the 

10 covered individual, including information relat11 ing to— 

12 ‘‘(i) any bankruptcy proceeding of the 

13 covered individual; 

14 ‘‘(ii) any lien against property of the 

15 covered individual; 

16 ‘‘(iii) credit reports from the major 

17 consumer reporting agencies relating to the 

18 covered individual; 

19 ‘‘(iv) mortgage fraud engaged in by 

20 the covered individual; 

21 ‘‘(v) high-value assets, including fi22 nancial assets, obtained by the covered in23 dividual from an unknown source; and 

24 ‘‘(vi) bank accounts and the bank ac25 count balances of the covered individual; 


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1 ‘‘(C) associations, past or present, of the 

2 covered individual with any individual or group 

3 that may suggest ill intent, vulnerability to 

4 blackmail, compulsive behavior, allegiance to 

5 another country, or change in ideology of the 

6 covered individual; 

7 ‘‘(D) public information, including news 

8 articles or reports, that includes derogatory in9 formation about the covered individual; 

10 ‘‘(E) information posted on any social 

11 media website or forum that may suggest ill in12 tent, vulnerability to blackmail, compulsive be13 havior, allegiance to another country, or change 

14 in ideology of the covered individual; and 

15 ‘‘(F) data maintained on any terrorist or 

16 criminal watch list maintained by any agency, 

17 State or local government, or international or18 ganization, including any such list maintained 

19 by— 

20 ‘‘(i) the Office of Foreign Assets Con21 trol of the Department of the Treasury; 

22 ‘‘(ii) the Federal Bureau of Investiga23 tion; and 

24 ‘‘(iii) the International Criminal Po25 lice Organization. 


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1 ‘‘(3) WEALTH INDICATOR.—The enhanced secu2 rity clearance system shall have the ability to pro3 vide a wealth indicator for a covered individual 

4 about whom the major credit reporting agencies 

5 have little or no information. 

6 ‘‘(4) PAST CONTACTS.—The enhanced security 

7 clearance system shall have the ability to provide the 

8 contact information of family members and present 

9 and former associates, co-habitants, and neighbors 

10 of the covered individual that has not been provided 

11 by the covered individual. 

12 ‘‘(d) REVIEWS OF SECURITY CLEARANCES AND AC13 CESS.— 

14 ‘‘(1) REVIEWS.— 

15 ‘‘(A) IN GENERAL.—Not less than 2 times 

16 every 5 years, the Director of the Office of Per17 sonnel Management, using the enhanced secu18 rity clearance system, shall review the accuracy 

19 and comprehensiveness of information relating 

20 to the security clearance or access to classified 

21 information of each covered individual who is 

22 appointed to a position that requires its occu23 pant to have such security clearance or access. 

24 ‘‘(B) INDIVIDUAL REVIEWS.—A review of 

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1 ance or access to classified information of a 

2 covered individual under subparagraph (A) may 

3 not be conducted until after the end of the 120- 

4 day period beginning on the date such covered 

5 individual receives the required notification 

6 under paragraph (4). 

7 ‘‘(2) REPORTING RESULTS.—The Director of 

8 the Office of Personnel Management shall— 

9 ‘‘(A) notify the agency that employs or 

10 contracts a covered individual if a review under 

11 paragraph (1) finds information pertinent to 

12 the revocation of the security clearance or ac13 cess to classified information of the covered in14 dividual; and 

15 ‘‘(B) provide such information to the agen16 cy. 

17 ‘‘(3) ACTIVE SECURITY CLEARANCES AND AC18 CESS.—Each agency that employs or contracts a 

19 covered individual who has an active security clear20 ance or access to classified information shall provide 

21 the names of such individuals to the Director of the 

22 Office of Personnel Management at intervals deter23 mined appropriate by the Director of the Office of 

24 Personnel Management. 


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1 ‘‘(4) INFORMATION FOR COVERED INDIVID2 UALS.—The Director of the Office of Personnel 

3 Management, in consultation with the head of each 

4 agency that employs or contracts with covered indi5 viduals who have an active security clearance or ac6 cess to classified information, shall ensure that each 

7 such individual is adequately advised of what types 

8 of information the individual is required to report to 

9 the head of the agency that may be pertinent to the 

10 continuation of the security clearance or access to 

11 classified information of the individual. 

12 ‘‘(5) LIMITATION.—Nothing in this subsection 

13 shall be construed as requiring increased consider14 ation of information relating to minor financial or 

15 mental health issues of a covered individual in evalu16 ating the security clearance or access to classified in17 formation of such individual. 

18 ‘‘(e) CUSTOMIZATION.—An agency may provide to 

19 the Director of the Office of Personnel Management spe20 cific parameters, including specifications relating to the 

21 types of information to be monitored by the enhanced se22 curity clearance system, to create a method for evaluating 

23 the potential risk posed by a covered individual based on 

24 the position to which the covered individual is being con25 sidered for appointment or has been appointed. 


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1 ‘‘(f) INDIVIDUALS UNDER INVESTIGATION.— 

2 ‘‘(1) REQUIREMENTS FOR INSPECTOR GEN3 ERAL.—The Inspector General of each agency 

4 shall— 

5 ‘‘(A) maintain a list of each individual em6 ployed by or contracted with the agency who— 

7 ‘‘(i) has an active security clearance 

8 or access to classified information; and 

9 ‘‘(ii) is the subject of a completed in10 vestigation by the Director of the Office of 

11 Personnel Management or such Inspector 

12 General; and 

13 ‘‘(B) provide the list required under sub14 paragraph (A) to the Director of the Office of 

15 Personnel Management upon request. 

16 ‘‘(2) REQUIREMENTS FOR DIRECTOR OF THE

17 OFFICE OF PERSONNEL MANAGEMENT.—The Direc18 tor of the Office of Personnel Management shall— 

19 ‘‘(A) request the list required under para20 graph (1)(A) before any notification under sub21 section (d)(2)(A); and 

22 ‘‘(B) include in any notification regarding 

23 a covered individual under subsection (d)(2)(A) 

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1 vidual is included on a list maintained under 

2 paragraph (1)(A). 

3 ‘‘(g) AUDIT.—Beginning 2 years after the date of im4 plementation of the enhanced security clearance system 

5 under subsection (b), the Inspector General of the Office 

6 of Personnel Management shall conduct an audit of the 

7 enhanced security clearance system to assess the effective8 ness of the enhanced security clearance system, and its 

9 fairness to covered individuals.’’. 

10 (b) FUNDING FROM THE REVOLVING FUND OF THE

11 OFFICE OF PERSONNEL MANAGEMENT.—Section 

12 1304(e)(1) of title 5, United States Code, is amended by 

13 inserting ‘‘implementation of the enhanced security clear14 ance system under section 11001 and’’ after ‘‘including’’. 

15 (c) AMENDMENT TO THE FAIR CREDIT REPORTING

16 ACT.—Section 603(d) of the Fair Credit Reporting Act 

17 (15 U.S.C. 1681a(d)) is amended— 

18 (1) in paragraph (2)— 

19 (A) in the matter preceding subparagraph 

20 (A), by striking ‘‘paragraph (3)’’ and inserting 

21 ‘‘paragraphs (3) and (4)’’; 

22 (B) in subparagraph (C), by striking ‘‘or’’ 

23 at the end; 

24 (C) in subparagraph (D), by striking the 

25 period and inserting ‘‘; or’’; and 


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1 (D) by adding at the end the following: 

2 ‘‘(E) any communication made in connec3 tion with the granting, denial, review, or revoca4 tion of a Federal security clearance or access to 

5 classified information of a covered individual 

6 (as that term is defined in section 11001 of 

7 title 5, United States Code), if that communica8 tion is made to— 

9 ‘‘(i) an agency (as that term is de10 fined in section 3001 of the Intelligence 

11 Reform and Terrorism Prevention Act of 

12 2004 (50 U.S.C. 3341)); or 

13 ‘‘(ii) an authorized contractor or sub14 contractor of the Federal Government.’’; 

15 and 

16 (2) by adding at the end the following: 

17 ‘‘(4) COMMUNICATIONS RELATING TO FEDERAL

18 SECURITY CLEARANCES AND ACCESS TO CLASSIFIED

19 INFORMATION.—The exclusion under paragraph 

20 (2)(E) shall not apply with respect to information 

21 originating from a major consumer reporting agency 

22 (as that term is defined in section 11001 of title 5, 

23 United States Code) relating to a credit account or 

24 the credit history of a covered individual (as that 


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1 term is defined in section 11001 of title 5, United 

2 States Code).’’. 

3 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

4 The table of chapters for part III of title 5, United States 

5 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 Clearance System .........................................11001’’. 

6 SECTION 1. SHORT TITLE. 

7 This Act may be cited as the ‘‘Enhanced Security 

8 Clearance Act of 2014’’. 

9 SEC. 2. ENHANCING GOVERNMENT PERSONNEL SECURITY 

10 PROGRAMS. 

11 (a) DEFINITIONS.—In this section— 

12 (1) the term ‘‘covered individual’’ means an in13 dividual who has been determined eligible for access 

14 to classified information or eligible to hold a sensitive 

15 position; and 

16 (2) the term ‘‘periodic reinvestigations’’ means 

17 investigations conducted periodically, with a fre18 quency as required by the Director of National Intel19 ligence, for the purpose of updating a previously com20 pleted background investigation. 

21 (b) RESOLUTION OF BACKLOG OF OVERDUE PERIODIC

22 REINVESTIGATIONS.— 


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1 (1) IN GENERAL.—The Director of National In2 telligence shall develop and implement a plan to 

3 eliminate the backlog of overdue periodic reinvestiga4 tions of covered individuals. 

5 (2) REQUIREMENTS.—The plan developed under 

6 paragraph (1) shall— 

7 (A) use a risk-based approach to— 

8 (i) identify high-risk populations; and 

9 (ii) prioritize reinvestigations that are 

10 due or overdue to be conducted; and 

11 (B) use random automated record checks of 

12 covered individuals that shall include all covered 

13 individuals in the pool of individuals subject to 

14 a one-time check. 

15 (c) ENHANCED SECURITY CLEARANCE PROGRAMS.— 

16 Part III of title 5, United States Code, is amended by add17 ing at the end the following: 

18 ‘‘Subpart J—Enhanced Personnel Security Programs 

19 ‘‘CHAPTER 110—ENHANCED PERSONNEL 

20 SECURITY PROGRAMS 

‘‘Sec. 

‘‘11001. Enhanced personnel security programs. 

21 ‘‘§ 11001. Enhanced personnel security programs 

22 ‘‘(a) DEFINITIONS.—In this section— 

23 ‘‘(1) the term ‘agency’ has the meaning given 

24 that term in section 3001 of the Intelligence Reform 


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1 and Terrorism Prevention Act of 2004 (50 U.S.C. 

2 3341); 

3 ‘‘(2) the term ‘consumer reporting agency’ has 

4 the meaning given that term in section 603 of the 

5 Fair Credit Reporting Act (15 U.S.C. 1681a); 

6 ‘‘(3) the term ‘covered individual’ means an in7 dividual who has been determined eligible for access 

8 to classified information or eligible to hold a sensitive 

9 position; 

10 ‘‘(4) the term ‘enhanced personnel security pro11 gram’ means a program implemented by an agency 

12 at the direction of the Director of National Intel13 ligence under subsection (b); and 

14 ‘‘(5) the term ‘periodic reinvestigations’ means 

15 investigations conducted periodically, with a fre16 quency as required by the Director of National Intel17 ligence, for the purpose of updating a previously com18 pleted background investigation. 

19 ‘‘(b) ENHANCED PERSONNEL SECURITY PROGRAM.— 

20 The Director of National Intelligence shall direct each agen21 cy to implement a program to provide enhanced security 

22 review of covered individuals— 

23 ‘‘(1) in accordance with this section; and 

24 ‘‘(2) not later than the earlier of— 


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1 ‘‘(A) the date that is 5 years after the date 

2 of enactment of the Enhanced Security Clearance 

3 Act of 2014; or 

4 ‘‘(B) the date on which the backlog of over5 due periodic reinvestigations of covered individ6 uals is eliminated, as determined by the Director 

7 of National Intelligence. 

8 ‘‘(c) COMPREHENSIVENESS.— 

9 ‘‘(1) SOURCES OF INFORMATION.—The enhanced 

10 personnel security program of an agency shall inte11 grate relevant information from various sources, in12 cluding government, publicly available, and commer13 cial data sources, consumer reporting agencies, social 

14 media, and such other sources as determined by the 

15 Director of National Intelligence. 

16 ‘‘(2) TYPES OF INFORMATION.—Information ob17 tained and integrated from sources described in para18 graph (1) may include— 

19 ‘‘(A) information relating to any criminal 

20 or civil legal proceeding; 

21 ‘‘(B) financial information relating to the 

22 covered individual, including the credit worthi23 ness of the covered individual; 

24 ‘‘(C) public information, including news ar25 ticles or reports, that includes relevant security 


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1 or counterintelligence information about the cov2 ered individual; 

3 ‘‘(D) publicly available electronic informa4 tion, to include relevant security or counterintel5 ligence information on any social media website 

6 or forum, that may suggest ill intent, vulner7 ability to blackmail, compulsive behavior, alle8 giance to another country, change in ideology, or 

9 any other information that may suggest the cov10 ered individual lacks good judgment, reliability 

11 or trustworthiness; and 

12 ‘‘(E) data maintained on any terrorist or 

13 criminal watch list maintained by any agency, 

14 State or local government, or international orga15 nization. 

16 ‘‘(d) REVIEWS OF COVERED INDIVIDUALS.— 

17 ‘‘(1) REVIEWS.— 

18 ‘‘(A) IN GENERAL.—The enhanced personnel 

19 security program of an agency shall require that, 

20 not less than 2 times every 5 years, the head of 

21 the agency shall conduct or request the conduct 

22 of automated record checks and checks of infor23 mation from sources under subsection (c) to en24 sure the continued eligibility of each covered in25 dividual employed by the agency or a contractor 


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1 of the agency, unless more frequent reviews of 

2 automated record checks and checks of informa3 tion from sources under subsection (c) are con4 ducted on the covered individual. 

5 ‘‘(B) SCOPE OF REVIEWS.—Except for a 

6 covered individual who is subject to more fre7 quent reviews to ensure the continued eligibility 

8 of the covered individual, the reviews under sub9 paragraph (A) shall consist of random or aperi10 odic checks of covered individuals, such that each 

11 covered individual is subject to at least 2 reviews 

12 during the 5-year period beginning on the date 

13 on which the agency implements the enhanced 

14 personnel security program of an agency, and 

15 during each 5-year period thereafter. 

16 ‘‘(C) INDIVIDUAL REVIEWS.—A review of 

17 the information relating to the continued eligi18 bility of a covered individual under subpara19 graph (A) may not be conducted until after the 

20 end of the 120-day period beginning on the date 

21 the covered individual receives the notification 

22 required under paragraph (3). 

23 ‘‘(2) RESULTS.—The head of an agency shall 

24 take appropriate action if a review under paragraph 


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1 (1) finds relevant information that may affect the 

2 continued eligibility of a covered individual. 

3 ‘‘(3) INFORMATION FOR COVERED INDIVID4 UALS.—The head of an agency shall ensure that each 

5 covered individual employed by the agency or a con6 tractor of the agency is adequately advised of the 

7 types of relevant security or counterintelligence infor8 mation the covered individual is required to report to 

9 the head of the agency. 

10 ‘‘(4) LIMITATION.—Nothing in this subsection 

11 shall be construed to affect the authority of an agency 

12 to determine the appropriate weight to be given to in13 formation relating to a covered individual in evalu14 ating the continued eligibility of the covered indi15 vidual. 

16 ‘‘(5) GUIDANCE FOR MINOR FINANCIAL OR MEN17 TAL HEALTH ISSUES.—The Director of National In18 telligence shall issue guidance defining minor finan19 cial or mental health issues, in accordance with this 

20 section and any direction from the President. 

21 ‘‘(6) AUTHORITY OF THE PRESIDENT.—Nothing 

22 in this subsection shall be construed as limiting the 

23 authority of the President to direct or perpetuate 

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1 ture or to delegate the authority to direct or perpet2 uate such reinvestigations. 

3 ‘‘(e) AUDIT.— 

4 ‘‘(1) IN GENERAL.—Beginning 2 years after the 

5 date of implementation of the enhanced personnel se6 curity program of an agency under subsection (b), the 

7 Inspector General of the agency shall conduct at least 

8 1 audit to assess the effectiveness and fairness, which 

9 shall be determined in accordance with performance 

10 measures and standards established by the Director of 

11 National Intelligence, to covered individuals of the en12 hanced personnel security program of the agency. 

13 ‘‘(2) SUBMISSIONS TO THE DNI.—The results of 

14 each audit conducted under paragraph (1) shall be 

15 submitted to the Director of National Intelligence to 

16 assess the effectiveness and fairness of the enhanced 

17 personnel security programs across the Federal Gov18 ernment.’’. 

19 (d) TECHNICAL AND CONFORMING AMENDMENT.—The 

20 table of chapters for part III of title 5, United States Code, 

21 is amended by adding at the end following: 

‘‘Subpart J—Enhanced Personnel Security Programs 

‘‘110. Enhanced personnel security programs ............................................. 11001’’. 

Amend the title so as to read: ‘‘A bill to enhance 

background checks for the granting, denial, or revocation 

of eligibility for access to classified information for employees and contractors of the Federal Government, or 


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eligibility to hold a sensitive position for Federal employees.’’. 


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Calendar No. 610 

113TH CONGRESS 

2D SESSION S. 1618 

[Report No. 113–283] 

A BILL 

To enhance the Office of Personnel Management 

contractors of the Federal Government. cess to classified information of employees and nial, or revocation of security clearances or acbackground check system for the granting, deDECEMBER 2, 2014 

Reported with an amendment and an amendment to the 

title 


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