I 
113TH CONGRESS 
2D SESSION 
H. R. 5482 
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 HOUSE OF REPRESENTATIVES 
SEPTEMBER 16, 2014 
Mr. KELLY of Pennsylvania introduced the following bill; which was referred 
to the Select Committee on Intelligence (Permanent Select), and in addi-
tion to the Committee on Oversight and Government Reform, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation 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 granting, denial, or revocation of 
security clearances or access to classified information 
of employees and contractors of the Federal Government. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enhanced Security 
Clearance Act of 2014’’. 
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SEC. 2. ENHANCING GOVERNMENT PERSONNEL SECURITY 
PROGRAMS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘covered individual’’ means an in-
dividual who has been determined eligible for access 
to classified information or eligible to hold a sen-
sitive position; and 
(2) the term ‘‘periodic reinvestigations’’ means 
investigations conducted for the purpose of updating 
a previously completed background investigation— 
(A) every 5 years in the case of— 
(i) eligibility for access to top secret 
information or access to a highly sensitive 
program; or 
(ii) eligibility to hold a special sen-
sitive or critical sensitive position; 
(B) every 10 years in the case of— 
(i) eligibility for access to secret infor-
mation; or 
(ii) eligibility to hold a noncritical sen-
sitive position; or 
(C) every 15 years in the case of eligibility 
for access to confidential information. 
(b) RESOLUTION OF BACKLOG OF OVERDUE PERI-
ODIC REINVESTIGATIONS.— 
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(1) IN GENERAL.—The Director of National In-
telligence shall develop and implement a plan to 
eliminate the backlog of overdue periodic reinvestiga-
tions of covered individuals. 
(2) 
REQUIREMENTS.—The 
plan 
developed 
under paragraph (1) shall— 
(A) use a risk-based approach to— 
(i) identify high-risk populations; and 
(ii) prioritize reinvestigations that are 
due or overdue to be conducted; and 
(B) use random automated record checks 
(consistent with the requirements of paragraph 
(3)) of covered individuals that shall include all 
covered individuals in the pool of individuals 
subject to a one-time check. 
(3) AUTOMATED RECORD CHECKS.—An auto-
mated record check with respect to a covered indi-
vidual shall use and examine comprehensive sources 
of information, including— 
(A) publicly available online electronic in-
formation regarding such individual, including 
blogs, microblogs, forums, news Web sites, and 
picture and video sharing Web sites; 
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(B) publicly available social media data re-
garding such individual, including pictures, vid-
eos, posts, or comments; 
(C) information relating to criminal or civil 
legal proceedings applicable to such individual; 
(D) public news article, press reports, or 
media clippings which detail relevant security or 
counterintelligence information; and 
(E) financial information relating to the 
covered individual, including the credit worthi-
ness of the covered individual. 
(c) ENHANCED SECURITY CLEARANCE PROGRAMS.— 
Part III of title 5, United States Code, is amended by 
adding at the end the following: 
‘‘Subpart J—Enhanced Personnel Security Programs 
‘‘CHAPTER 110—ENHANCED PERSONNEL 
SECURITY PROGRAMS 
‘‘Sec. 
‘‘11001. Enhanced personnel security programs. 
‘‘§ 11001. Enhanced personnel security programs 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘agency’ has the meaning given 
that term in section 3001 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (50 U.S.C. 
3341); 
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‘‘(2) the term ‘consumer reporting agency’ has 
the meaning given that term in section 603 of the 
Fair Credit Reporting Act (15 U.S.C. 1681a); 
‘‘(3) the term ‘covered individual’ means an in-
dividual who has been determined eligible for access 
to classified information or eligible to hold a sen-
sitive position; 
‘‘(4) the term ‘enhanced personnel security pro-
gram’ means a program implemented by an agency 
at the direction of the Director of National Intel-
ligence under subsection (b); and 
‘‘(5) the term ‘periodic reinvestigations’ means 
investigations conducted for the purpose of updating 
a previously completed background investigation— 
‘‘(A) every 5 years in the case of— 
‘‘(i) eligibility for access to top secret 
information or access to a highly sensitive 
program; or 
‘‘(ii) eligibility to hold a special sen-
sitive or critical sensitive position; 
‘‘(B) every 10 years in the case of— 
‘‘(i) eligibility for access to secret in-
formation; or 
‘‘(ii) eligibility to hold a noncritical 
sensitive position; or 
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‘‘(C) every 15 years in the case of eligi-
bility for access to confidential information. 
‘‘(b) 
ENHANCED
PERSONNEL
SECURITY
PRO-
GRAM.—The Director of National Intelligence shall direct 
each agency to implement a program to provide enhanced 
security review of covered individuals— 
‘‘(1) in accordance with this section; and 
‘‘(2) not later than the earlier of— 
‘‘(A) the date that is 5 years after the date 
of enactment of the Enhanced Security Clear-
ance Act of 2014; or 
‘‘(B) the date on which the backlog of 
overdue periodic reinvestigations of covered in-
dividuals is eliminated, as determined by the 
Director of National Intelligence. 
‘‘(c) COMPREHENSIVENESS.— 
‘‘(1) SOURCES
OF
INFORMATION.—The en-
hanced personnel security program of an agency 
shall integrate relevant information from various 
sources, including government, publicly available, 
and commercial data sources, consumer reporting 
agencies, social media, and such other sources as de-
termined by the Director of National Intelligence. 
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‘‘(2) TYPES
OF
INFORMATION.—Information 
obtained and integrated from sources described in 
paragraph (1) may include— 
‘‘(A) information relating to any criminal 
or civil legal proceeding; 
‘‘(B) financial information relating to the 
covered individual, including the credit worthi-
ness of the covered individual; 
‘‘(C) public information, including news ar-
ticles or reports, that includes relevant security 
or counterintelligence information about the 
covered individual; 
‘‘(D) publicly available electronic informa-
tion, to include relevant security or counter-
intelligence information on any social media 
Web site or forum, blog, microblog, picture or 
video sharing Web site and other public online 
content that may suggest ill intent, vulner-
ability to blackmail, compulsive behavior, alle-
giance to another country, illegal drug use, 
criminal activity, material falsification, change 
in ideology, or any other information that may 
suggest the covered individual lacks good judg-
ment, reliability or trustworthiness; and 
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‘‘(E) data maintained on any terrorist or 
criminal watch list maintained by any agency, 
State or local government, or international or-
ganization. 
‘‘(d) REVIEWS OF COVERED INDIVIDUALS.— 
‘‘(1) REVIEWS.— 
‘‘(A) IN
GENERAL.—The enhanced per-
sonnel security program of an agency shall re-
quire that, not less than 2 times every 5 years, 
the head of the agency shall conduct or request 
the conduct of automated record checks and 
checks of information from sources under sub-
section (c) to ensure the continued eligibility of 
each covered individual employed or contracted 
with by the agency, unless more frequent re-
views of automated record checks and checks of 
information from sources under subsection (c) 
are conducted on the covered individual. 
‘‘(B) SCOPE OF REVIEWS.—Except for a 
covered individual who is subject to more fre-
quent reviews to ensure the continued eligibility 
of the covered individual, the reviews under 
subparagraph (A) shall consist of random or 
aperiodic checks of covered individuals, such 
that each covered individual is subject to at 
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least 2 reviews during the 5-year period begin-
ning on the date on which the agency imple-
ments the enhanced personnel security program 
of an agency, and during each 5-year period 
thereafter. 
‘‘(C) INDIVIDUAL REVIEWS.—A review of 
the information relating to the continued eligi-
bility of a covered individual under subpara-
graph (A) may not be conducted until after the 
end of the 120-day period beginning on the 
date the covered individual receives the notifica-
tion required under paragraph (3). 
‘‘(2) RESULTS.—The head of an agency shall 
take appropriate action if a review under paragraph 
(1) finds relevant information that may affect the 
continued eligibility of a covered individual. 
‘‘(3) INFORMATION
FOR
COVERED
INDIVID-
UALS.—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 in-
formation the covered individual is required to re-
port to the head of the agency. 
‘‘(4) LIMITATION.—Nothing in this subsection 
shall be construed to affect the authority of an agen-
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cy to determine the appropriate weight to be given 
to information relating to a covered individual in 
evaluating the continued eligibility of the covered in-
dividual. 
‘‘(5) GUIDANCE
FOR
MINOR
FINANCIAL
OR 
MENTAL HEALTH ISSUES.—The Director of National 
Intelligence shall issue guidance defining minor fi-
nancial or mental health issues, in accordance with 
this section and any direction from the President. 
‘‘(6) AUTHORITY OF THE PRESIDENT.—Noth-
ing in this subsection shall be construed as limiting 
the authority of the President to direct or perpet-
uate periodic reinvestigations of a more comprehen-
sive nature or to delegate the authority to direct or 
perpetuate such reinvestigations. 
‘‘(e) AUDIT.— 
‘‘(1) IN GENERAL.—Beginning 2 years after the 
date of implementation of the enhanced personnel 
security program of an agency under subsection (b), 
the Inspector General of the agency shall conduct at 
least 1 audit to assess the effectiveness and fairness, 
which shall be determined in accordance with per-
formance measures and standards established by the 
Director of National Intelligence, to covered individ-
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uals of the enhanced personnel security program of 
the agency. 
‘‘(2) SUBMISSIONS TO THE DNI.—The results of 
each audit conducted under paragraph (1) shall be 
submitted to the Director of National Intelligence to 
assess the effectiveness and fairness of the enhanced 
personnel security programs across the Federal Gov-
ernment.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of chapters for part III of title 5, United States 
Code, is amended by adding at the end following: 
‘‘Subpart J—Enhanced Personnel Security Programs 
‘‘110. Enhanced personnel security programs ........................................ 11001’’. 
Æ 
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