RISC Act
Bill: H.R.9425 | Sponsor: Rep. Espaillat, Adriano (D-NY)
Policy area: Armed Forces and National Security

Summary:
Responsibility and Integrity in Security Clearance Act or the RISC Act
This bill revokes the security clearance of a family member or financial associate of the President that was granted contrary to the determination or recommendation of an agency, including the Federal Bureau of Investigation. A subsequent background investigation and agency adjudication is required before such an individual may be granted a security clearance.
In addition, the White House Chief of Staff must notify Congress if the President or any other individual grants a security clearance to a family member or financial associate of the President contrary to the determination or recommendation of an agency. The notification must be made in writing no later than five days after the decision to grant the clearance.

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Responsibility and Integrity in 
Security Clearance Act'' or the ``RISC Act''.

SEC. 2. NOTIFICATION TO CONGRESS FOR CERTAIN SECURITY CLEARANCE 
              DETERMINATIONS FOR RELATIVES OR FINANCIAL ASSOCIATES OF 
              THE PRESIDENT.

    (a) In General.--Section 3001 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is amended by adding 
at the end the following:
    ``(k) Relatives and Financial Associates of the President.--
            ``(1) In general.--The Chief of Staff of the White House 
        shall notify (in writing) the Members of Congress specified in 
        section 503(c)(2) of the National Security Act of 1947 if the 
        President or any other individual grants a security clearance 
        or access determination with respect to a covered individual 
        contrary to--
                    ``(A) the recommendations of the Federal Bureau of 
                Investigation with respect to any background 
                investigation for a covered individual who is an 
                employee of the White House or the Executive Office of 
                the President; or
                    ``(B) the determination of any agency.
            ``(2) Deadline.--The notification under paragraph (1) shall 
        occur not later than 5 days after the President or other such 
        individual makes the contrary determination.
            ``(3) Definition of covered individual.--In this 
        subsection, the term `covered individual' means--
                    ``(A) any relative (as that term is defined in 
                section 3110(a)(3) of title 5, United States Code) of 
                the President; and
                    ``(B) any individual who has entered into a 
                contract, or is currently in contract negotiations 
                with, the President or an entity in which the President 
                has a financial interest.''.
    (b) Application.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to any contrary determination described in paragraph (1) 
        of subsection (k) of section 3001 of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as added 
        by subsection (a), made before, on, or after the date of 
        enactment of this Act.
            (2) Retroactive determination.--With respect to any 
        contrary determination under such paragraph (1) made before the 
        date of enactment of this Act, the notification required under 
        such paragraph shall be made not later than 5 days after the 
        date of enactment of this Act.
            (3) Readjudication.--
                    (A) In general.--The security clearance or access 
                determination of any covered individual (as that term 
                is defined in subsection (k) of the Intelligence Reform 
                and Terrorism Prevention Act of 2004 (50 U.S.C. 3341), 
                as added by subsection (a)) subject to notification 
                under paragraph (2) shall be revoked.
                    (B) Readjudication.--A subsequent background 
                investigation and agency adjudication is required 
                before a security clearance or access determination may 
                be granted to such covered individual.
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