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 determined 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 determinations and access determinations for political appointees in 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Security Clearance Re3 view Act’’. 

4 SEC. 2. SECURITY CLEARANCE DETERMINATIONS AND AC5 CESS DETERMINATIONS BY DIRECTOR OF FBI 

6 FOR POLITICAL APPOINTEES IN EXECUTIVE 

7 OFFICE OF THE PRESIDENT . 

8 Section 3001 of the Intelligence Reform and Ter9 rorism Prevention Act of 2004 (50 U.S.C. 3341) is 

10 amended by adding at the end the following: 

11 ‘‘(k) POLITICAL APPOINTEES IN THE EXECUTIVE

12 OFFICE OF THE PRESIDENT.— 

13 ‘‘(1) APPOINTMENT AND ACCESS TO CLASSI14 FIED INFORMATION.—Notwithstanding any other 

15 provision of law— 

16 ‘‘(A) a political appointee may not be em17 ployed in, detailed to, or assigned to, the Exec18 utive Office of the President unless such em19 ployment, detail, or assignment is clearly con20 sistent with national security; and 

21 ‘‘(B) any political appointee employed in, 

22 detailed to, or assigned to, the Executive Office 

23 of the President may not have a security clear24 ance, or access any classified information, un25 less such security clearance is granted, or acVerDate Sep 11 2014 23:55 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H686.IH H686

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1 cess determination is made, by the Director of 

2 the Federal Bureau of Investigation. 

3 ‘‘(2) DETERMINATION AND NOTIFICATION.— 

4 ‘‘(A) If the Director of the Federal Bureau 

5 of Investigation denies, suspends, or revokes a 

6 security clearance or access to classified infor7 mation under paragraph (1), the Director shall 

8 notify the President and the appropriate com9 mittees of Congress of such determination on 

10 the date such determination is made. 

11 ‘‘(B) If the President nullifies, reverses, 

12 modifies, or otherwise fails to recognize any de13 nial, suspension, or revocation of a security 

14 clearance or access to classified information de15 termination made by the Director under para16 graph (1), not later than 30 days thereafter, 

17 the President shall submit an explanation (in 

18 writing) of the reasons for such nullification, re19 versal, modification, or failure to recognize to 

20 the appropriate committees of Congress. 

21 ‘‘(3) POLITICAL APPOINTEE DEFINED.—In this 

22 subsection, the term ‘political appointee’ has the 

23 meaning given that term in section 4(a)(4) of the 

24 Edward ‘Ted’ Kaufman and Michael Leavitt PresiVerDate Sep 11 2014 23:55 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H686.IH H686

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1 dential Transitions Improvements Act of 2015 (Pub2 lic Law 114–136).’’. 

Æ 


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