information be maintained in confidence through a 
system of classification in order to protect our citi-
zens, our democratic institutions, and our participa-
tion within the community of nations.’’. 
(2) Executive Order 12968 states that ‘‘no em-
ployee shall be granted access to classified informa-
tion unless that employee has been determined to be 
eligible in accordance with this order and to possess 
a need-to-know.’’. 
(3) Executive Order 12968 further provides 
that employees shall not be granted access to classi-
fied information unless they— 
(A) have been determined to be eligible for 
access by agency heads or designated officials 
based upon a favorable adjudication of an ap-
propriate investigation of the employee’s back-
ground; 
(B) have a demonstrated need-to-know; 
and 
(C) have signed an approved nondisclosure 
agreement. 
(4) Intelligence Community Directive 704 of 
2008 states that ‘‘Heads of IC Elements or des-
ignees may determine that it is in the national inter-
est to authorize temporary access to SCI [Sensitive 
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Compartmented Information] and other controlled 
access program information, subject to the following 
requirements—temporary access approvals shall be 
granted only during national emergencies, hostilities 
involving United States personnel, or in exceptional 
circumstances when official functions must be per-
formed . . . . In any case, temporary access shall 
not exceed one year.’’. 
(5) Public reports indicate that members of the 
President’s staff have been granted access to highly 
sensitive information without favorably adjudicated 
security clearances, and that interim access has been 
granted such clearances have been extended for 
more than a year while the investigations continue. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) no employee of the Federal Government, in-
cluding those in the Executive Office of the Presi-
dent, should be granted access to highly sensitive in-
formation without a favorably adjudicated clearance; 
and 
(2) the fact that members of the President’s 
staff had access to the President’s Daily Brief and 
the most highly sensitive information in the United 
States Government, without a fully adjudicated 
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clearance, creates a double standard in the Federal 
branch; undermines the integrity of the clearance 
system; and potentially threatens United States na-
tional security. 
SEC. 4. REQUIREMENT. 
Section 3001 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458) is 
amended— 
(1) in subsection (a)(1)(A), by inserting before 
the semi-colon at the end the following: ‘‘, including 
the Executive Office of the President’’; and 
(2) by adding at the end the following: 
‘‘(k) RESTRICTIONS ON ACCESS TO HIGHLY SEN-
SITIVE PROGRAMS.— 
‘‘(1) REQUIREMENT.—No employee shall be 
granted access to information on any highly sensitive 
program, including information contained in any 
briefing (including the President’s Daily Brief) pro-
vided by any element of the intelligence community 
to the President, unless the employee has— 
‘‘(A) been determined to be eligible for ac-
cess by the head of an agency or designated of-
ficial based upon a full personnel security inves-
tigation and a favorable adjudication; 
‘‘(B) a demonstrated need-to-know; and 
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‘‘(C) signed an approved nondisclosure 
agreement. 
‘‘(2) APPLICATION.—Paragraph (1) shall be ap-
plied so as to prohibit any employee with an interim 
security clearance and for whom the applicable adju-
dicating agency has not made a final determination 
from gaining access to information on any highly 
sensitive program. 
‘‘(3) TEMPORARY
ACCESS
NOT
EFFECTED.— 
Notwithstanding the requirements of this subsection, 
temporary access to higher classification levels may 
be granted as outlined in section 2.3 of Executive 
Order 12986 (or any successor Executive order). 
‘‘(4) DEFINITION
OF
EMPLOYEE.—For pur-
poses of this subsection, the term ‘employee’ means 
an individual, other than the President and Vice 
President— 
‘‘(A) employed by, detailed or assigned to, 
an agency, including members of the Armed 
Forces; 
‘‘(B) an expert or consultant to an agency; 
‘‘(C) an industrial or commercial con-
tractor, licensee, certificate holder, or grantee of 
an agency, including all subcontractors; 
‘‘(D) a personal services contractor; or 
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‘‘(E) any other category of person who acts 
for or on behalf of an agency as determined by 
the appropriate agency head.’’. 
Æ 
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