Protecting Employees’ Security Clearances Act of 2019

II 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) in- troduced 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 consider- ations for security clearances, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Employees’ 4 Security Clearances Act of 2019’’. 5 VerDate Sep 11 2014 22:16 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S464.PCS S464 kjohnson on DSK79L0C42 with BILLS 2 •S 464 PCS SEC. 2. TREATMENT OF LAPSE IN APPROPRIATIONS AS 1 MITIGATING CONDITION IN FINANCIAL CON- 2 SIDERATION FOR SECURITY CLEARANCES. 3 (a) DEFINITIONS.—In this section: 4 (1) AGENCY.—The term ‘‘agency’’ has the 5 meaning given the term ‘‘Executive agency’’ in sec- 6 tion 105 of title 5, United States Code. 7 (2) COVERED EMPLOYEE.—the term ‘‘covered 8 employee’’— 9 (A) means— 10 (i) an officer or employee of the 11 United States Government furloughed dur- 12 ing a lapse in appropriations; and 13 (ii) an excepted employee or an em- 14 ployee performing emergency work, as such 15 terms are defined by the Office of Per- 16 sonnel Management; and 17 (B) includes a contractor of an agency 18 subject to a lapse in appropriations. 19 (3) NATIONAL SECURITY ELIGIBILITY.—The 20 term ‘‘national security eligibility’’ has the meaning 21 given such term in Security Executive Agent Direc- 22 tive 4 (relating to National Security Adjudicative 23 Guidelines), as in effect on the day before the date 24 of the enactment of this Act. 25 VerDate Sep 11 2014 22:16 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S464.PCS S464 kjohnson on DSK79L0C42 with BILLS 3 •S 464 PCS (4) SECURITY EXECUTIVE AGENT.—The term 1 ‘‘Security Executive Agent’’ means the official acting 2 as the Security Executive Agent in accordance with 3 Executive Order 13467 (73 Fed. Reg. 38103; 50 4 U.S.C. 3161 note; relating to reforming processes 5 related to suitability for government employment, 6 fitness for contractor employees, and eligibility for 7 access to classified national security information), or 8 successor order. 9 (b) IN GENERAL.—Whenever the head of an agency 10 determines whether to grant a covered employee national 11 security eligibility or continue a covered employee’s na- 12 tional security eligibility, the head shall consider a lapse 13 in appropriations a condition that could mitigate a secu- 14 rity concern with respect to financial considerations. 15 (c) CREDIT SCORES OR NEGATIVE INFORMATION IN 16 A CONSUMER CREDIT FILE.—No head of an agency may 17 revoke the national security eligibility of a covered em- 18 ployee because of a reduction in the credit score or nega- 19 tive information in a consumer credit file of the covered 20 employee that is attributable to disrupted income pay- 21 ments as a result of a lapse in appropriations. 22 (d) MODIFICATION OF POLICIES, GUIDELINES, AND 23 DIRECTIVES.—Not later than 60 days after the date of 24 the enactment of this Act, the Security Executive Agent 25 VerDate Sep 11 2014 22:16 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S464.PCS S464 kjohnson on DSK79L0C42 with BILLS 4 •S 464 PCS shall revise such policies, guidelines, and directives, includ- 1 ing the Security Executive Agent Directive 4 (relating to 2 National Security Adjudicative Guidelines), or successor 3 directive, as may be necessary to carry out this section. 4 VerDate Sep 11 2014 22:16 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S464.PCS S464 kjohnson on DSK79L0C42 with BILLS VerDate Sep 11 2014 22:16 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S464.PCS S464 kjohnson on DSK79L0C42 with BILLS Calendar No. 23 116TH CONGRESS 1ST SESSION S. 464 A BILL To require the treatment of a lapse in appropria- tions as a mitigating condition when assessing fi- nancial considerations for security clearances, and for other purposes. FEBRUARY 13, 2019 Read the second time and placed on the calendar VerDate Sep 11 2014 22:16 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\S464.PCS S464 kjohnson on DSK79L0C42 with BILLS