Bills
| 3.23.22

Should Cheating on a Background Check Disqualify a Person From Federal Employment? (S. 434)

Do you support or oppose this bill?

What is S. 434?

(Updated March 15, 2018)

This bill would make people who have attempted to falsify information used in background checks ineligible to be federal employees, thus protecting government information which requires a security clearance. A person who attempts to falsify such information would be prohibited from continuing to occupy a position that requires the performance of background checks, or would be prevented from obtaining such a position.

These penalties would be extended to contractors or subcontractors who perform background checks for the federal government. In the event that a contractor engages in misconduct affecting a background check, the information must be disclosed within 24 hours to the federal agency and an investigation would begin.

The President and the Administration would be required to provide an annual report to Congress that details the number of people deemed unfit for federal employment or work as federal contractors. Policies related to the sensitivity of jobs requiring background checks, and whether the background check is sufficient for the nature of the job would be reviewed at least every five years.

Argument in favor

Security clearances and privileged government information is only as secure as the background checks screening the people who can access them. This bill makes the process more secure.

Argument opposed

The people who’ve risen through the ranks of a federal agency to a position enabling them to conduct background checks can be trusted not to falsify information.

Impact

Current and prospective federal employees, or contractors that require background checks, federal agencies, Congress, the President.

Cost of S. 434

A CBO cost estimate is unavailable.

Additional Info

In-Depth: This bill’s sponsor, Sen. Jon Tester (D-MT), summed up the bill’s purpose by saying that:

“Folks with security clearances have access to our nation’s most sensitive information, and that’s why folks who conduct clearance investigations need to be held to the highest standards.”

A similar version of this bill passed the Senate by voice vote in December 2014, but it did not receive a vote in the House before the 113th Congress concluded.


Of Note: The federal background check process was brought into the spotlight after NSA whistleblower Edward Snowden and Washington Navy Yard shooter Aaron Alexis were both revealed to have passed their background checks to access secure information and facilities, respectively.

Incidentally, the same company that provided Aaron Alexis with his security clearance also was responsible for the follow-up investigation on Edward Snowden.

According to a report by the Department of Defense, 70 percent of U.S. naval bases provided felons clearance to access base facilities.


Media:

Summary by Eric Revell
(Photo Credit: National Archives / Creative Commons)