I 

116TH CONGRESS 

1ST SESSION H. R. 538 

To amend title 5, United States Code, to require a quarterly report on 

security clearances for individuals working in the White House or the 

Executive Office of the President, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 14, 2019 

Mr. TED LIEU of California (for himself, Mr. NADLER, Mr. CUMMINGS, Mr. 

THOMPSON of Mississippi, Mr. COOPER, Mr. COHEN, Miss RICE of New 

York, Ms. NORTON, Mrs. DEMINGS, Mr. RASKIN, Mrs. WATSON COLEMAN, Mr. CICILLINE, Mr. RYAN, Mr. BEYER, Ms. LOFGREN, Mr. CLAY, 

Mr. KRISHNAMOORTHI, and Mr. WELCH) introduced the following bill; 

which was referred to the Committee on Oversight and Reform 

A BILL 

To amend title 5, United States Code, to require a quarterly 

report on security clearances for individuals working in 

the White House or the Executive Office of the President, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commonsense Legisla5 tion Ensuring Accountability by Reporting Access of NonVerDate Sep 11 2014 19:56 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H538.IH H538

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1 Cleared Employees to Secrets Act’’ or the ‘‘CLEAR2 ANCES Act’’. 

3 SEC. 2. REPORT ON SECURITY CLEARANCES FOR INDIVID4 UALS WORKING IN THE WHITE HOUSE AND 

5 EXECUTIVE OFFICE OF THE PRESIDENT. 

6 (a) IN GENERAL.—Subpart I of part III of title 5, 

7 United States Code, is amended by adding after section 

8 10106 the following: 

9 ‘‘CHAPTER 102—SECURITY CLEARANCES 

‘‘Sec. 

‘‘10201. Report on individuals working in the White House and Executive Office of the President. 

10 ‘‘§ 10201. Report on individuals working in the White 

11 House and Executive Office of the Presi12 dent 

13 ‘‘(a) IN GENERAL.—Not later than 3 months after 

14 the date of enactment of this section and every 3 months 

15 thereafter, the President shall submit a report to the ap16 propriate congressional committees on security clearance 

17 information on any individual working in the White House 

18 or the Executive Office of the President, including— 

19 ‘‘(1) the President’s staff or any other indi20 vidual in the White House or Office whose function 

21 is to advise or assist the President; and 

22 ‘‘(2) any individual who is detailed from the 

23 Government, a university, a think tank, or the pri24 vate sector to the White House or the Office. 


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1 ‘‘(b) REPORT REQUIREMENTS.—A report submitted 

2 under subsection (a) shall include the following: 

3 ‘‘(1) The name and position of any individual 

4 working in the White House or the Office and who 

5 holds a security clearance. 

6 ‘‘(2) With respect to any detailee, the entity or 

7 agency from which the individual was detailed. 

8 ‘‘(3) With respect to any clearance listed pursu9 ant to paragraph (1)— 

10 ‘‘(A) whether the clearance is temporary or 

11 permanent and level of the clearance; 

12 ‘‘(B) the date the background investigation 

13 was initiated and the date of adjudication (if 

14 any); and 

15 ‘‘(C) the date of any interim reports or no16 tifications from the investigating agency. 

17 ‘‘(4) The name and position of any individual 

18 working in the White House or the Office who was 

19 granted a security clearance by the President or 

20 other authorizing personnel despite an unfavorable 

21 recommendation from the White House Security Of22 fice or an agency, and the date the decision was 

23 made to grant the clearance. 

24 ‘‘(5) The name and position of any individual 

25 not contained in any list above whom the President 


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1 has provided access to classified information, the 

2 date the information was so provided, and the level 

3 of classification of the information. 

4 ‘‘(6) The name and position of any individual 

5 working in the White House or Office— 

6 ‘‘(A) whose security clearance has been re7 voked or suspended and the date of such rev8 ocation or suspension; or 

9 ‘‘(B) who held an interim security clear10 ance for a period longer than one year, and a 

11 justification from the White House Counsel as 

12 to why it is in the national security interest of 

13 the United States to keep the employee in the 

14 position without a permanent security clear15 ance. 

16 ‘‘(c) DEFINITIONS.—In this section— 

17 ‘‘(1) the term ‘appropriate congressional com18 mittees’ means— 

19 ‘‘(A) the Permanent Select Committee on 

20 Intelligence and the Committees on Oversight 

21 and Reform and the Judiciary of the House of 

22 Representatives; and 

23 ‘‘(B) the Select Committee on Intelligence 

24 and the Committees on Homeland Security and 


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1 Governmental Affairs and the Judiciary of the 

2 Senate; and 

3 ‘‘(2) the term ‘Office’ means the Executive Of4 fice of the President.’’. 

5 (b) CLERICAL AMENDMENT.—The table of chapters 

6 for such title is amended by adding after the item relating 

7 to chapter 101 the following: 

‘‘102. Security Clearances ..............................................................10201’’. 

Æ 


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