HR1591-119

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: Notwithstanding any other provision of law— 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 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. 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. 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. 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; 5 U.S.C. 3101 note). The term special Government employee has the meaning given that term in section 202 of title 18, United States Code. (k)Political appointees and special Government employees in the Executive Office of the President (1)Appointment and access to classified informationNotwithstanding 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)DirectorIf 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)PresidentIf 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)DefinitionsIn this subsection: (A)Political appointeeThe 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; 5 U.S.C. 3101 note). (B)Special government employeeThe term special Government employee has the meaning given that term in section 202 of title 18, United States Code..