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.
Short title
This Act may be cited as the Protecting Employees’ Security Clearances Act of 2019
.
Treatment of lapse in appropriations as mitigating condition in financial consideration for security clearances
Definitions
In this section:
Agency
The term agency has the meaning given the term Executive agency
in section 105 of title 5, United States Code.
Covered employee
the term covered employee—
means—
an officer or employee of the United States Government furloughed during a lapse in appropriations; and
an excepted employee or an employee performing emergency work, as such terms are defined by the Office of Personnel Management; and
includes a contractor of an agency subject to a lapse in appropriations.
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.
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.
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.
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.
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