February 26, 2025
Mr. Beyer (for himself, Mr. Lieu, Mr. Huffman, Mr. Magaziner, Ms. Norton, Mr. Goldman of New York, Ms. Tokuda, Mr. Quigley, Ms. Sánchez, Mr. Lynch, Mr. Takano, Mr. Correa, Mr. Carson, Ms. Jayapal, Mr. Subramanyam, Mr. Grijalva, Ms. Schakowsky, Mr. Tonko, Ms. Scholten, and Mr. Peters) introduced the following bill; which was referred to the Committee on Oversight and Government 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
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 and special Government employees in the Executive Office of the President, and for other purposes.
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 and special Government employees 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 and special Government employees in the Executive Office of the President
(1) Appointment and access to classified information
Notwithstanding any other provision of law—
(A)
a political appointee or special Government employee 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 or special Government employee 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) Director
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) President
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) Definitions
In this subsection:
(A) Political appointee
The term political appointee has the meaning given that term in section 4(a)(4) of the Edward
TedKaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015 (Public Law 114–136; 5 U.S.C. 3101 note).(B) Special government employee
The term special Government employee has the meaning given that term in section 202 of title 18, United States Code.