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.

Bill: 116-s-464
Sponsor: full_name: Sen. Cardin, Benjamin L. [D-MD]
Introduced: 2019-02-12
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Appropriations

Consumer credit

Executive agency funding and structure

Government employee pay, benefits, personnel management

Intelligence activities, surveillance, classified information

Public contracts and procurement
Latest action: action_date: 2019-02-13
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 23.

Summaries:
action_date: 2019-02-12
action_desc: Introduced in Senate
text: <p><b>Protecting Employees' Security Clearances Act of 2019</b></p> <p>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.</p> <p>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. </p>

tv_txt: II Calendar No. 23 116th CONGRESS 1st Session S. 464 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. Short title This Act may be cited as the Protecting Employees’ Security Clearances Act of 2019 . 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.

February 13, 2019 Read the second time and placed on the calendar