II 

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. 

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 ‘‘Enhanced Security 

5 Clearance Act of 2013’’. 


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1 SEC. 2. OFFICE OF PERSONNEL MANAGEMENT ENHANCED 

2 SECURITY CLEARANCE SYSTEM. 

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

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

5 ‘‘Subpart J—Office of Personnel Management 

6 Enhanced Security Clearance System 

7 ‘‘CHAPTER 110—OFFICE OF PERSONNEL 

8 MANAGEMENT ENHANCED SECURITY 

9 CLEARANCE SYSTEM 

‘‘Sec. 

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

10 ‘‘§ 11001. Office of Personnel Management enhanced 

11 security clearance system. 

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

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

14 that term in section 3001 of the Intelligence Reform 

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

16 3341); 

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

18 the same meaning given that term in section 603 of 

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

20 ‘‘(3) the term ‘covered individual’ means an in21 dividual who is being considered for, or has been, 

22 appointed to a position as an employee or contractor 

23 of an agency that requires its occupant to have ac24 cess to classified information; 


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1 ‘‘(4) the term ‘enhanced security clearance sys2 tem’ means the database established by the Director 

3 of the Office of Personnel Management under sec4 tion 3001(e) of the Intelligence Reform and Ter5 rorism Prevention Act of 2004 (50 U.S.C. 3341(e)), 

6 including the enhancements thereto required under 

7 this section; and 

8 ‘‘(5) the term ‘major consumer reporting agen9 cy’ means a major consumer reporting agency as de10 termined by the Director of the Office of Personnel 

11 Management. 

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

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

14 Enhanced Security Clearance Act of 2013, the Director 

15 of the Office of Personnel Management shall implement 

16 the enhanced security clearance system. 

17 ‘‘(c) COMPREHENSIVENESS.— 

18 ‘‘(1) SOURCES OF INFORMATION.—The en19 hanced security clearance system shall integrate in20 formation obtained from various sources, including 

21 government, publically available, and commercial 

22 data sources, the major consumer reporting agen23 cies, and social media. 


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

2 obtained and integrated from sources described in 

3 paragraph (1) shall include— 

4 ‘‘(A) information relating to any criminal 

5 or civil legal proceeding to which the covered in6 dividual is or becomes a party or witness; 

7 ‘‘(B) financial information relating to the 

8 covered individual, including information relat9 ing to— 

10 ‘‘(i) any bankruptcy proceeding of the 

11 covered individual; 

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

13 covered individual; 

14 ‘‘(iii) credit reports from the major 

15 consumer reporting agencies relating to the 

16 covered individual; 

17 ‘‘(iv) mortgage fraud engaged in by 

18 the covered individual; 

19 ‘‘(v) high-value assets, including fi20 nancial assets, obtained by the covered in21 dividual from an unknown source; and 

22 ‘‘(vi) bank accounts and the bank ac23 count balances of the covered individual; 

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

25 covered individual with any individual or group 


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1 that may suggest ill intent, vulnerability to 

2 blackmail, compulsive behavior, allegiance to 

3 another country, or change in ideology of the 

4 covered individual; 

5 ‘‘(D) public information, including news 

6 articles or reports, that includes derogatory in7 formation about the covered individual; 

8 ‘‘(E) information posted on any social 

9 media website or forum that may suggest ill in10 tent, vulnerability to blackmail, compulsive be11 havior, allegiance to another country, or change 

12 in ideology of the covered individual; and 

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

14 criminal watch list maintained by any agency, 

15 State or local government, or international or16 ganization, including any such list maintained 

17 by— 

18 ‘‘(i) the Office of Foreign Assets Con19 trol of the Department of the Treasury; 

20 ‘‘(ii) the Federal Bureau of Investiga21 tion; and 

22 ‘‘(iii) the International Criminal Po23 lice Organization. 

24 ‘‘(3) WEALTH INDICATOR.—The enhanced secu25 rity clearance system shall have the ability to proVerDate Mar 15 2010 23:37 Nov 01, 2013 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1618.IS S1618

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1 vide a wealth indicator for a covered individual 

2 about whom the major credit reporting agencies 

3 have little or no information. 

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

5 clearance system shall have the ability to provide the 

6 contact information of family members and present 

7 and former associates, co-habitants, and neighbors 

8 of the covered individual that has not been provided 

9 by the covered individual. 

10 ‘‘(d) REVIEWS OF SECURITY CLEARANCES AND AC11 CESS.— 

12 ‘‘(1) REVIEWS.— 

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

14 every 5 years, the Director of the Office of Per15 sonnel Management, using the enhanced secu16 rity clearance system, shall review the accuracy 

17 and comprehensiveness of information relating 

18 to the security clearance or access to classified 

19 information of each covered individual who is 

20 appointed to a position that requires its occu21 pant to have such security clearance or access. 

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

23 the information relating to the security clear24 ance or access to classified information of a 

25 covered individual under subparagraph (A) may 


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

2 day period beginning on the date such covered 

3 individual receives the required notification 

4 under paragraph (4). 

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

6 the Office of Personnel Management shall— 

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

8 contracts a covered individual if a review under 

9 paragraph (1) finds information pertinent to 

10 the revocation of the security clearance or ac11 cess to classified information of the covered in12 dividual; and 

13 ‘‘(B) provide such information to the agen14 cy. 

15 ‘‘(3) ACTIVE SECURITY CLEARANCES AND AC16 CESS.—Each agency that employs or contracts a 

17 covered individual who has an active security clear18 ance or access to classified information shall provide 

19 the names of such individuals to the Director of the 

20 Office of Personnel Management at intervals deter21 mined appropriate by the Director of the Office of 

22 Personnel Management. 

23 ‘‘(4) INFORMATION FOR COVERED INDIVID24 UALS.—The Director of the Office of Personnel 

25 Management, in consultation with the head of each 


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1 agency that employs or contracts with covered indi2 viduals who have an active security clearance or ac3 cess to classified information, shall ensure that each 

4 such individual is adequately advised of what types 

5 of information the individual is required to report to 

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

7 continuation of the security clearance or access to 

8 classified information of the individual. 

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

10 shall be construed as requiring increased consider11 ation of information relating to minor financial or 

12 mental health issues of a covered individual in evalu13 ating the security clearance or access to classified in14 formation of such individual. 

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

16 the Director of the Office of Personnel Management spe17 cific parameters, including specifications relating to the 

18 types of information to be monitored by the enhanced se19 curity clearance system, to create a method for evaluating 

20 the potential risk posed by a covered individual based on 

21 the position to which the covered individual is being con22 sidered for appointment or has been appointed. 

23 ‘‘(f) INDIVIDUALS UNDER INVESTIGATION.— 


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1 ‘‘(1) REQUIREMENTS FOR INSPECTOR GEN2 ERAL.—The Inspector General of each agency 

3 shall— 

4 ‘‘(A) maintain a list of each individual em5 ployed by or contracted with the agency who— 

6 ‘‘(i) has an active security clearance 

7 or access to classified information; and 

8 ‘‘(ii) is the subject of a completed in9 vestigation by the Director of the Office of 

10 Personnel Management or such Inspector 

11 General; and 

12 ‘‘(B) provide the list required under sub13 paragraph (A) to the Director of the Office of 

14 Personnel Management upon request. 

15 ‘‘(2) REQUIREMENTS FOR DIRECTOR OF THE

16 OFFICE OF PERSONNEL MANAGEMENT.—The Direc17 tor of the Office of Personnel Management shall— 

18 ‘‘(A) request the list required under para19 graph (1)(A) before any notification under sub20 section (d)(2)(A); and 

21 ‘‘(B) include in any notification regarding 

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

23 information indicating that the covered indi24 vidual is included on a list maintained under 

25 paragraph (1)(A). 


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1 ‘‘(g) AUDIT.—Beginning 2 years after the date of im2 plementation of the enhanced security clearance system 

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

4 of Personnel Management shall conduct an audit of the 

5 enhanced security clearance system to assess the effective6 ness of the enhanced security clearance system, and its 

7 fairness to covered individuals.’’. 

8 (b) FUNDING FROM THE REVOLVING FUND OF THE

9 OFFICE OF PERSONNEL MANAGEMENT.—Section 

10 1304(e)(1) of title 5, United States Code, is amended by 

11 inserting ‘‘implementation of the enhanced security clear12 ance system under section 11001 and’’ after ‘‘including’’. 

13 (c) AMENDMENT TO THE FAIR CREDIT REPORTING

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

15 (15 U.S.C. 1681a(d)) is amended— 

16 (1) in paragraph (2)— 

17 (A) in the matter preceding subparagraph 

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

19 ‘‘paragraphs (3) and (4)’’; 

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

21 at the end; 

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

23 period and inserting ‘‘; or’’; and 

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


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1 ‘‘(E) any communication made in connec2 tion with the granting, denial, review, or revoca3 tion of a Federal security clearance or access to 

4 classified information of a covered individual 

5 (as that term is defined in section 11001 of 

6 title 5, United States Code), if that communica7 tion is made to— 

8 ‘‘(i) an agency (as that term is de9 fined in section 3001 of the Intelligence 

10 Reform and Terrorism Prevention Act of 

11 2004 (50 U.S.C. 3341)); or 

12 ‘‘(ii) an authorized contractor or sub13 contractor of the Federal Government.’’; 

14 and 

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

16 ‘‘(4) COMMUNICATIONS RELATING TO FEDERAL

17 SECURITY CLEARANCES AND ACCESS TO CLASSIFIED

18 INFORMATION.—The exclusion under paragraph 

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

20 originating from a major consumer reporting agency 

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

22 United States Code) relating to a credit account or 

23 the credit history of a covered individual (as that 

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

25 States Code).’’. 


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1 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

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

3 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’’. 

Æ 


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