I 

116TH CONGRESS 

1ST SESSION H. R. 1561 

To amend title 5, United States Code, to prohibit certain acts of nepotism, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 6, 2019 

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

Committee on Oversight and Reform 

A BILL 

To amend title 5, United States Code, to prohibit certain 

acts of nepotism, 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 ‘‘Security Clearance 

5 Family Review Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Chapter 31 of title 5, United States Code, 

9 establishes anti-nepotism laws. 


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1 (2) The specific purpose of the statute was to 

2 prevent nepotism and unfair conduct in Federal hir3 ing practices. 

4 (3) The White House announced Jared 

5 Kushner’s Federal employment appointment as sen6 ior White House adviser on January 9, 2017. 

7 (4) The White House announced Ivanka 

8 Trump’s appointment as an official government em9 ployee as assistant to the President on March 29, 

10 2017. 

11 (5) Under section 3110(a)(3) of title 5, United 

12 States Code, a daughter or son-in-law constitute a 

13 ‘‘relative’’ for purposes of a public official. 

14 (6) According to recent reporting by the New 

15 York Times, both Mr. Kushner and Ms. Trump re16 tain substantial holdings, totaling as much as $740 

17 million, that would be impacted based on a decision 

18 made by the Government. 

19 (7) Question 20A.1 on United States Govern20 ment Standard Form 86 (SF 86), which all appli21 cants seeking a security clearance must submit, 

22 asks: ‘‘Have you, your spouse, or cohabitant ever 

23 had any foreign financial interests (such as stocks, 

24 property, financial investments, bank accounts, own25 ership of corporate entities, corporate interests, or 


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1 businesses) in which you or they have direct control 

2 or direct ownership?’’. 

3 (8) Question 20A.2 on such Form asks: ‘‘Have 

4 you, your spouse, cohabitant, or dependent children 

5 ever had any foreign financial interests that someone 

6 controlled on your behalf?’’. 

7 (9) Question 20A.3 on such Form asks: ‘‘Have 

8 you, your spouse, cohabitant, or dependent children 

9 ever owned, or do you anticipate owning, or plan to 

10 purchase real estate in a foreign country?’’. 

11 (10) Financial disclosures released on March 

12 31, 2017, indicate that while both Mr. Kushner and 

13 Ms. Trump have divested from direct leadership 

14 roles in their previous businesses and real estate in15 terests, their financial wealth remains tied to the 

16 success of those ventures by way of various trusts 

17 and company holdings. 

18 (11) President Trump has repeatedly declined 

19 to disclose personal or commercial tax returns or 

20 divesture agreements. 

21 (12) Given President Trump’s refusal to dis22 close tax returns or divesture agreements, it is dif23 ficult to assess whether Mr. Trump’s relatives suffi24 ciently divested in holdings or are subject to foreign 

25 financial influence, including possible loans to the 


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1 Trump Organization or to Mr. Kushner’s businesses 

2 from state-owned foreign financial entities, including 

3 China’s Anbang Insurance Group and Russia’s 

4 VneshEconomBank. 

5 SEC. 3. LIMITATION ON PROVISION OF SECURITY CLEAR6 ANCES TO RELATIVES OF THE PRESIDENT. 

7 (a) LIMITATION ON SECURITY CLEARANCES.—Sec8 tion 3110(a)(1) of title 5, United States Code, is amend9 ed— 

10 (1) in subparagraph (C) by striking ‘‘and’’; 

11 (2) in subparagraph (D) by striking the semi12 colon and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(E) for purposes of subsection (f), an of15 fice, agency, or other establishment within the 

16 White House or the Executive Office of the 

17 President;’’. 

18 (b) PROHIBITION ON SECURITY CLEARANCES TO

19 RELATIVES OF THE PRESIDENT.—Section 3110 of title 

20 5, United States Code, is amended by adding at the end 

21 the following: 

22 ‘‘(f) PROHIBITION ON SECURITY CLEARANCES TO

23 RELATIVES OF THE PRESIDENT.— 

24 ‘‘(1) IN GENERAL.—Except as provided for 

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1 partment of Defense, may not grant eligibility for 

2 access to classified information to a relative of the 

3 President for the purposes of Federal employment 

4 unless a favorable determination is submitted to the 

5 head of the agency pursuant to paragraph (2)(C). 

6 ‘‘(2) REVIEW PROCESS.— 

7 ‘‘(A) REQUEST FOR DETERMINATION.—If 

8 the President determines that a relative of the 

9 President requires access to classified informa10 tion for Federal employment, the President 

11 shall submit a letter to the Director of the Of12 fice of Government Ethics requesting a deter13 mination regarding the relative’s suitability for 

14 such access. 

15 ‘‘(B) OGE REVIEW.—The Director shall 

16 conduct a review to determine whether the ap17 plicable relative has any ongoing and substan18 tial commercial relationships with state-owned 

19 or privately owned foreign enterprises or finan20 cial institutions and, if so, whether the relative 

21 is ineligible for access to security clearance be22 cause of such relationships. 

23 ‘‘(C) SUBMISSION.—Not later than 60 

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1 graph (A), the Director shall submit the deter2 mination made under subparagraph (B) to— 

3 ‘‘(i) the President; 

4 ‘‘(ii) the head of the employing agency 

5 of the relative; 

6 ‘‘(iii) the Committee on Foreign Af7 fairs, the Committee on Armed Services, 

8 and the Permanent Select Committee on 

9 Intelligence of the House of Representa10 tives; and 

11 ‘‘(iv) the Committee on Foreign Rela12 tions, the Committee on Armed Services, 

13 and the Select Committee on Intelligence 

14 of the Senate.’’. 

Æ 


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