Title: 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.
Policy area: Government Operations and Politics

Summary:
Protecting Employees' Security Clearances Act of 2019
This bill requires an agency, when determining whether to grant or continue a security clearance, to consider a lapse in appropriations (i.e., government shutdown) as a condition that could mitigate a security concern related to financial considerations.
An agency is prohibited from revoking a security clearance because of a reduction in credit score or negative information in a consumer credit file due to disrupted income payments arising from a lapse in appropriations.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 464 Placed on Calendar Senate (PCS)]

<DOC>





                                                        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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Employees' Security 
Clearances Act of 2019''.

SEC. 2. TREATMENT OF LAPSE IN APPROPRIATIONS AS MITIGATING CONDITION IN 
              FINANCIAL CONSIDERATION FOR SECURITY CLEARANCES.

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term ``Executive agency'' in section 105 of title 5, United 
        States Code.
            (2) Covered employee.--the term ``covered employee''--
                    (A) means--
                            (i) an officer or employee of the United 
                        States Government furloughed during a lapse in 
                        appropriations; and
                            (ii) an excepted employee or an employee 
                        performing emergency work, as such terms are 
                        defined by the Office of Personnel Management; 
                        and
                    (B) includes a contractor of an agency subject to a 
                lapse in appropriations.
            (3) National security eligibility.--The term ``national 
        security eligibility'' has the meaning given such term in 
        Security Executive Agent Directive 4 (relating to National 
        Security Adjudicative Guidelines), as in effect on the day 
        before the date of the enactment of this Act.
            (4) Security executive agent.--The term ``Security 
        Executive Agent'' means the official acting as the Security 
        Executive Agent in accordance with Executive Order 13467 (73 
        Fed. Reg. 38103; 50 U.S.C. 3161 note; relating to reforming 
        processes related to suitability for government employment, 
        fitness for contractor employees, and eligibility for access to 
        classified national security information), or successor order.
    (b) In General.--Whenever the head of an agency determines whether 
to grant a covered employee national security eligibility or continue a 
covered employee's national security eligibility, the head shall 
consider a lapse in appropriations a condition that could mitigate a 
security concern with respect to financial considerations.
    (c) Credit Scores or Negative Information in a Consumer Credit 
File.--No head of an agency may revoke the national security 
eligibility of a covered employee because of a reduction in the credit 
score or negative information in a consumer credit file of the covered 
employee that is attributable to disrupted income payments as a result 
of a lapse in appropriations.
    (d) Modification of Policies, Guidelines, and Directives.--Not 
later than 60 days after the date of the enactment of this Act, the 
Security Executive Agent shall revise such policies, guidelines, and 
directives, including the Security Executive Agent Directive 4 
(relating to National Security Adjudicative Guidelines), or successor 
directive, as may be necessary to carry out this section.
                                                        Calendar No. 23

116th CONGRESS

  1st Session

                                 S. 464

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           February 13, 2019

            Read the second time and placed on the calendar