Security Clearance Review Act

I 117TH CONGRESS 1ST SESSION H. R. 686 To amend the Intelligence Reform and Terrorism Prevention Act of 2004 to authorize the Director of the Federal Bureau of Investigation to make security clearance determinations and access determinations for political appointees in the Executive Office of the President, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 2, 2021 Mr. BEYER (for himself and Mr. LIEU) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Intelligence Reform and Terrorism Prevention Act of 2004 to authorize the Director of the Federal Bureau of Investigation to make security clearance deter- minations and access determinations for political ap- pointees in the Executive Office of the President, 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 VerDate Sep 11 2014 23:55 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H686.IH H686 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 686 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Security Clearance Re- 2 view Act’’. 3 SEC. 2. SECURITY CLEARANCE DETERMINATIONS AND AC- 4 CESS DETERMINATIONS BY DIRECTOR OF FBI 5 FOR POLITICAL APPOINTEES IN EXECUTIVE 6 OFFICE OF THE PRESIDENT . 7 Section 3001 of the Intelligence Reform and Ter- 8 rorism Prevention Act of 2004 (50 U.S.C. 3341) is 9 amended by adding at the end the following: 10 ‘‘(k) POLITICAL APPOINTEES IN THE EXECUTIVE 11 OFFICE OF THE PRESIDENT.— 12 ‘‘(1) APPOINTMENT AND ACCESS TO CLASSI- 13 FIED INFORMATION.—Notwithstanding any other 14 provision of law— 15 ‘‘(A) a political appointee may not be em- 16 ployed in, detailed to, or assigned to, the Exec- 17 utive Office of the President unless such em- 18 ployment, detail, or assignment is clearly con- 19 sistent with national security; and 20 ‘‘(B) any political appointee employed in, 21 detailed to, or assigned to, the Executive Office 22 of the President may not have a security clear- 23 ance, or access any classified information, un- 24 less such security clearance is granted, or ac- 25 VerDate Sep 11 2014 23:55 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H686.IH H686 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 686 IH cess determination is made, by the Director of 1 the Federal Bureau of Investigation. 2 ‘‘(2) DETERMINATION AND NOTIFICATION.— 3 ‘‘(A) If the Director of the Federal Bureau 4 of Investigation denies, suspends, or revokes a 5 security clearance or access to classified infor- 6 mation under paragraph (1), the Director shall 7 notify the President and the appropriate com- 8 mittees of Congress of such determination on 9 the date such determination is made. 10 ‘‘(B) If the President nullifies, reverses, 11 modifies, or otherwise fails to recognize any de- 12 nial, suspension, or revocation of a security 13 clearance or access to classified information de- 14 termination made by the Director under para- 15 graph (1), not later than 30 days thereafter, 16 the President shall submit an explanation (in 17 writing) of the reasons for such nullification, re- 18 versal, modification, or failure to recognize to 19 the appropriate committees of Congress. 20 ‘‘(3) POLITICAL APPOINTEE DEFINED.—In this 21 subsection, the term ‘political appointee’ has the 22 meaning given that term in section 4(a)(4) of the 23 Edward ‘Ted’ Kaufman and Michael Leavitt Presi- 24 VerDate Sep 11 2014 23:55 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H686.IH H686 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 686 IH dential Transitions Improvements Act of 2015 (Pub- 1 lic Law 114–136).’’. 2 Æ VerDate Sep 11 2014 23:55 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H686.IH H686 pbinns on DSKJLVW7X2PROD with BILLS