Security Clearance Review Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10165 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                               H. R. 10165

 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

                           November 19, 2024

 Mr. Beyer (for himself, Mr. Lieu, Mr. Carson, Mr. Casten, Mr. Correa, 
   Ms. DeGette, Mr. Goldman of New York, Mr. Huffman, Mr. Jackson of 
   Illinois, Mr. McGovern, Ms. Norton, Mr. Quigley, Ms. Salinas, Mr. 
Schneider, Ms. Titus, Ms. Tokuda, Mrs. Torres of California, Mr. Tonko, 
 and Ms. Lofgren) introduced the following bill; which was referred to 
 the Committee on Oversight and Accountability, 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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