JARED Security Clearance Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1187 To amend the Intelligence Reform and Terrorism Prevention Act of 2004 to require congressional notification if relatives or financial associates of the President are granted security clearances contrary to the advice or recommendation of a background investigation or determination of an adjudicating agency, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 2019 Mr. ESPAILLAT introduced the following bill; which was referred to the Committee on Oversight and Reform A BILL To amend the Intelligence Reform and Terrorism Prevention Act of 2004 to require congressional notification if rel- atives or financial associates of the President are granted security clearances contrary to the advice or rec- ommendation of a background investigation or deter- mination of an adjudicating agency, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Judgment And Re- 4 sponsibility in Executing Determinations for Security 5 VerDate Sep 11 2014 02:14 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1187.IH H1187 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1187 IH Clearance Act’’ or the ‘‘JARED Security Clearance Act 1 of 2019’’. 2 SEC. 2. NOTIFICATION TO CONGRESS FOR CERTAIN SECU- 3 RITY CLEARANCE DETERMINATIONS FOR 4 RELATIVES OR FINANCIAL ASSOCIATES OF 5 THE PRESIDENT. 6 (a) IN GENERAL.—Section 3001 of the Intelligence 7 Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 8 3341) is amended by adding at the end the following: 9 ‘‘(k) RELATIVES AND FINANCIAL ASSOCIATES OF 10 THE PRESIDENT.— 11 ‘‘(1) IN GENERAL.—The Chief of Staff of the 12 White House shall notify (in writing) the Members 13 of Congress specified in section 503(c)(2) of the Na- 14 tional Security Act of 1947 if the President or any 15 other individual grants a security clearance or access 16 determination with respect to a covered individual 17 contrary to— 18 ‘‘(A) the recommendations of the Federal 19 Bureau of Investigation with respect to any 20 background investigation for a covered indi- 21 vidual who is an employee of the White House 22 or the Executive Office of the President; or 23 ‘‘(B) the determination of any agency. 24 VerDate Sep 11 2014 02:14 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1187.IH H1187 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1187 IH ‘‘(2) DEADLINE.—The notification under para- 1 graph (1) shall occur not later than 5 days after the 2 President or other such individual makes the con- 3 trary determination. 4 ‘‘(3) DEFINITION OF COVERED INDIVIDUAL.— 5 In this subsection, the term ‘covered individual’ 6 means— 7 ‘‘(A) any relative (as that term is defined 8 in section 3110(a)(3) of title 5, United States 9 Code) of the President; and 10 ‘‘(B) any individual who has entered into a 11 contract, or is currently in contract negotiations 12 with, the President or an entity in which the 13 President has a financial interest.’’. 14 (b) APPLICATION.— 15 (1) IN GENERAL.—The amendment made by 16 subsection (a) shall apply to any contrary determina- 17 tion described in paragraph (1) of subsection (k) of 18 section 3001 of the Intelligence Reform and Ter- 19 rorism Prevention Act of 2004 (50 U.S.C. 3341), as 20 added by subsection (a), made before, on, or after 21 the date of enactment of this Act. 22 (2) RETROACTIVE DETERMINATION.—With re- 23 spect to any contrary determination under such 24 paragraph (1) made before the date of enactment of 25 VerDate Sep 11 2014 02:14 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1187.IH H1187 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1187 IH this Act, the notification required under such para- 1 graph shall be made not later than 5 days after the 2 date of enactment of this Act. 3 (3) READJUDICATION.— 4 (A) IN GENERAL.—The security clearance 5 or access determination of any covered indi- 6 vidual (as that term is defined in subsection (k) 7 of the Intelligence Reform and Terrorism Pre- 8 vention Act of 2004 (50 U.S.C. 3341), as added 9 by subsection (a)) subject to notification under 10 paragraph (2) shall be revoked. 11 (B) READJUDICATION.—A subsequent 12 background investigation and agency adjudica- 13 tion is required before a security clearance or 14 access determination may be granted to such 15 covered individual. 16 Æ VerDate Sep 11 2014 02:14 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1187.IH H1187 pbinns on DSK79D2C42PROD with BILLS