Title: Security Clearance Review Act
Policy area: Armed Forces and National Security

Summary:
Security Clearance Review Act
This bill imposes security-related requirements with respect to political appointees in the Executive Office of the President.
Under this bill, such a political appointee (1) may be employed in the office only if the appointment is clearly consistent with national security; and (2) may not have a security clearance or access to classified information unless the Federal Bureau of Investigation (FBI) grants such clearance or access, unless the President nullifies the FBI's decision to deny clearance or access.
If the President nullifies the FBI's decision to deny clearance or access to such an appointee, the President must report to Congress within 30 days explaining the reasons for the nullification.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 686 Introduced in House (IH)]

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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.

    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 ``Security Clearance Review Act''.

SEC. 2. SECURITY CLEARANCE DETERMINATIONS AND ACCESS DETERMINATIONS BY 
              DIRECTOR OF FBI FOR POLITICAL APPOINTEES IN EXECUTIVE 
              OFFICE OF THE PRESIDENT .

    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) Political Appointees in the Executive Office of the 
President.--
            ``(1) Appointment and access to classified information.--
        Notwithstanding any other provision of law--
                    ``(A) a political appointee may not be employed in, 
                detailed to, or assigned to, the Executive Office of 
                the President unless such employment, detail, or 
                assignment is clearly consistent with national 
                security; and
                    ``(B) any political appointee employed in, detailed 
                to, or assigned to, the Executive Office of the 
                President may not have a security clearance, or access 
                any classified information, unless such security 
                clearance is granted, or access determination is made, 
                by the Director of the Federal Bureau of Investigation.
            ``(2) Determination and notification.--
                    ``(A) If the Director of the Federal Bureau of 
                Investigation denies, suspends, or revokes a security 
                clearance or access to classified information under 
                paragraph (1), the Director shall notify the President 
                and the appropriate committees of Congress of such 
                determination on the date such determination is made.
                    ``(B) If the President nullifies, reverses, 
                modifies, or otherwise fails to recognize any denial, 
                suspension, or revocation of a security clearance or 
                access to classified information determination made by 
                the Director under paragraph (1), not later than 30 
                days thereafter, the President shall submit an 
                explanation (in writing) of the reasons for such 
                nullification, reversal, modification, or failure to 
                recognize to the appropriate committees of Congress.
            ``(3) Political appointee defined.--In this subsection, the 
        term `political appointee' has the meaning given that term in 
        section 4(a)(4) of the Edward `Ted' Kaufman and Michael Leavitt 
        Presidential Transitions Improvements Act of 2015 (Public Law 
        114-136).''.
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