Security Clearance Review Act

Bill: 117-hr-686
Sponsor: full_name: Rep. Beyer, Donald S., Jr. [D-VA-8]
Introduced: 2021-02-02
Policy area: Armed Forces and National Security
Subjects: Congressional oversight

Executive Office of the President

Federal officials

Government employee pay, benefits, personnel management

Intelligence activities, surveillance, classified information

Presidents and presidential powers, Vice Presidents
Latest action: action_date: 2021-03-22
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Summaries:
action_date: 2021-02-02
action_desc: Introduced in House
text: <p><b>Security Clearance Review Act</b></p> <p>This bill imposes security-related requirements with respect to political appointees in the Executive Office of the President.</p> <p>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.</p> <p>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.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 686 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. Short title This Act may be cited as the Security Clearance Review Act . 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 ). .