Protection of privacy in investigating and adjudicating security clearances

(a) Security clearances Section 801 of the National Security Act of 1947 (50 U.S.C. 3161) is amended by adding at the end the following new subsection: (c) The procedures under subsection (a) and the adjudicative guidelines under section 3002(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3343(d)) shall ensure that, with respect to determining whether an individual may access classified information, the following information is not requested, investigated, or considered: (1) Whether the individual used abortion services. (2) Whether the individual traveled to obtain abortion services. (3) Whether the individual provided material support to a spouse, partner, dependent, or other individual for purposes of obtaining abortion care.. (b) Personnel actions (1) In general Except as provided by paragraph (1), no Executive agency may, for the purposes of any personnel action, request, investigate, or consider— (A) whether an individual used abortion services; (B) whether an individual traveled to obtain abortion services; or (C) whether an individual provided material support to a spouse, partner, dependent, or other individual for purposes of obtaining abortion care. (2) Investigation of misuse permitted Notwithstanding paragraph (1), an Executive agency may request, investigate, and consider the information described in subparagraphs (A), (B), and (C) of such paragraph for the purposes of a personnel action based on the use of an allowance under section 5 or leave under section 6 for a purpose other than the purposes for which such allowance or leave, as applicable, is authorized, except that such Executive agency may request, investigate, and consider such information only to the extent necessary to determine the existence and extent of such misuse. (c) Guidelines Not later than 90 days after the date of the enactment of this Act— (1) the President shall revise the adjudicative guidelines under section 3002(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3343(d)) pursuant to subsection (c) of 801 of the National Security Act of 1947 (50 U.S.C. 3161), as added by subsection (a) of this section; and (2) the Director of the Office of Personnel Management shall issue guidance implementing subsection (b) of this section.