I 

116TH CONGRESS 

1ST SESSION H. R. 1187 

To amend the Intelligence Reform and Terrorism Prevention Act of 2004 

to require congressional notification if relatives or financial associates 

of the President are granted security clearances contrary to the advice 

or recommendation of a background investigation or determination of 

an adjudicating agency, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2019 

Mr. ESPAILLAT introduced the following bill; which was referred to the 

Committee on Oversight and Reform 

A BILL 

To amend the Intelligence Reform and Terrorism Prevention 

Act of 2004 to require congressional notification if relatives or financial associates of the President are granted 

security clearances contrary to the advice or recommendation of a background investigation or determination of an adjudicating agency, 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 ‘‘Judgment And Re5 sponsibility in Executing Determinations for Security 


pbinns on DSK79D2C42PROD with BILLS
2 

•HR 1187 IH

1 Clearance Act’’ or the ‘‘JARED Security Clearance Act 

2 of 2019’’. 

3 SEC. 2. NOTIFICATION TO CONGRESS FOR CERTAIN SECU4 RITY CLEARANCE DETERMINATIONS FOR 

5 RELATIVES OR FINANCIAL ASSOCIATES OF 

6 THE PRESIDENT. 

7 (a) IN GENERAL.—Section 3001 of the Intelligence 

8 Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 

9 3341) is amended by adding at the end the following: 

10 ‘‘(k) RELATIVES AND FINANCIAL ASSOCIATES OF

11 THE PRESIDENT.— 

12 ‘‘(1) IN GENERAL.—The Chief of Staff of the 

13 White House shall notify (in writing) the Members 

14 of Congress specified in section 503(c)(2) of the Na15 tional Security Act of 1947 if the President or any 

16 other individual grants a security clearance or access 

17 determination with respect to a covered individual 

18 contrary to— 

19 ‘‘(A) the recommendations of the Federal 

20 Bureau of Investigation with respect to any 

21 background investigation for a covered indi22 vidual who is an employee of the White House 

23 or the Executive Office of the President; or 

24 ‘‘(B) the determination of any agency. 


pbinns on DSK79D2C42PROD with BILLS
3 

•HR 1187 IH

1 ‘‘(2) DEADLINE.—The notification under para2 graph (1) shall occur not later than 5 days after the 

3 President or other such individual makes the con4 trary determination. 

5 ‘‘(3) DEFINITION OF COVERED INDIVIDUAL.— 

6 In this subsection, the term ‘covered individual’ 

7 means— 

8 ‘‘(A) any relative (as that term is defined 

9 in section 3110(a)(3) of title 5, United States 

10 Code) of the President; and 

11 ‘‘(B) any individual who has entered into a 

12 contract, or is currently in contract negotiations 

13 with, the President or an entity in which the 

14 President has a financial interest.’’. 

15 (b) APPLICATION.— 

16 (1) IN GENERAL.—The amendment made by 

17 subsection (a) shall apply to any contrary determina18 tion described in paragraph (1) of subsection (k) of 

19 section 3001 of the Intelligence Reform and Ter20 rorism Prevention Act of 2004 (50 U.S.C. 3341), as 

21 added by subsection (a), made before, on, or after 

22 the date of enactment of this Act. 

23 (2) RETROACTIVE DETERMINATION.—With re24 spect to any contrary determination under such 

25 paragraph (1) made before the date of enactment of 


pbinns on DSK79D2C42PROD with BILLS
4 

•HR 1187 IH

1 this Act, the notification required under such para2 graph shall be made not later than 5 days after the 

3 date of enactment of this Act. 

4 (3) READJUDICATION.— 

5 (A) IN GENERAL.—The security clearance 

6 or access determination of any covered indi7 vidual (as that term is defined in subsection (k) 

8 of the Intelligence Reform and Terrorism Pre9 vention Act of 2004 (50 U.S.C. 3341), as added 

10 by subsection (a)) subject to notification under 

11 paragraph (2) shall be revoked. 

12 (B) READJUDICATION.—A subsequent 

13 background investigation and agency adjudica14 tion is required before a security clearance or 

15 access determination may be granted to such 

16 covered individual. 

Æ 


pbinns on DSK79D2C42PROD with BILLS