Security Clearance Review Act
- Bill Number
- H.R. 1591
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2025-02-26: 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.
- Last Updated
- 2025-05-13T15:17:21Z
AI-Generated Summary
Purpose
The Security Clearance Review Act (H.R. 1591) aims to enhance national security by requiring the Director of the Federal Bureau of Investigation (FBI) to conduct security clearance and access determinations for political appointees and special government employees in the Executive Office of the President (EOP). This ensures that individuals in these roles are vetted independently to prevent access to classified information if they pose a risk.
Key Provisions
- Eligibility Restrictions: Political appointees (high-level positions filled based on political affiliation) and special government employees (temporary or intermittent federal workers serving less than 130 days per year) cannot be hired, detailed (temporarily assigned), or placed in the EOP unless their role is clearly aligned with national security interests.
- FBI Authority Over Clearances: These individuals cannot receive a security clearance (permission to access classified information) or access any classified materials unless approved by the FBI Director. This overrides other laws that might allow different processes.
- Notification Requirements:
- If the FBI Director denies, suspends, or revokes a clearance or access, they must immediately notify the President and relevant congressional committees (such as those overseeing intelligence and government operations).
- If the President overrides the FBI's decision (by nullifying, reversing, modifying it, or ignoring it), the President must provide a written explanation to the same congressional committees within 30 days.
- Definitions:
- Political appointee: Defined under existing law as a position requiring Senate confirmation or appointed by the President without confirmation.
- Special government employee: Defined in federal criminal law as a part-time or temporary employee.
Significant Changes to Existing Law
This bill amends Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (which generally governs security clearances for federal employees) by adding a new subsection (k). Previously, security clearances for EOP personnel, including political appointees, were often handled by the White House or other executive branch offices without mandatory FBI involvement or congressional oversight for overrides. This introduces FBI as the sole authority for these specific roles and mandates transparency for presidential interventions.
Potential Impacts
- On Government Agencies: The FBI gains expanded responsibility in vetting EOP personnel, potentially streamlining but also complicating hiring processes in the White House. The EOP may face delays in staffing if clearances are denied, affecting operations.
- On Citizens: Indirectly benefits the public by reducing risks of unauthorized access to sensitive national security information, promoting accountability in government appointments.
- On International Relations: Minimal direct impact, but could enhance U.S. credibility in handling classified information shared with allies, as stricter vetting might prevent leaks or security breaches involving foreign policy roles.
Main Stakeholders Affected
- Political Appointees and Special Government Employees: Face stricter FBI scrutiny, which could limit their employment opportunities in the EOP.
- Executive Office of the President: Experiences changes in hiring and access protocols, with added oversight on presidential decisions.
- FBI and Director: Assumes new authority and notification duties, increasing its role in executive branch security.
- Congress: Gains visibility into clearance decisions and presidential overrides, allowing for potential legislative or investigative responses.
- The President: Retains ultimate authority but must justify any overrides, introducing accountability.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Reinforces federal laws on classified information handling (e.g., under Title 50 of the U.S. Code) by centralizing FBI authority, but could lead to legal challenges if seen as conflicting with executive hiring powers.
- Constitutional Implications: Touches on separation of powers by balancing executive discretion (presidential appointments) with congressional oversight and independent agency (FBI) input, without directly violating Article II (executive authority) but potentially testing its boundaries through required notifications.
- Political Implications: May politicize security clearances by involving Congress in executive personnel matters, possibly leading to partisan debates over appointments, while aiming to depoliticize vetting through FBI neutrality.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Beyer, Donald S. [D-VA-8]
Cosponsors (22)
Rep. Lieu, Ted [D-CA-36], Rep. Huffman, Jared [D-CA-2], Rep. Magaziner, Seth [D-RI-2], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Goldman, Daniel S. [D-NY-10], Rep. Tokuda, Jill N. [D-HI-2], Rep. Quigley, Mike [D-IL-5], Rep. Sánchez, Linda T. [D-CA-38], Rep. Lynch, Stephen F. [D-MA-8], Rep. Takano, Mark [D-CA-39], Rep. Correa, J. Luis [D-CA-46], Rep. Carson, André [D-IN-7], Rep. Jayapal, Pramila [D-WA-7], Rep. Subramanyam, Suhas [D-VA-10], Rep. Grijalva, Raúl M. [D-AZ-7], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Tonko, Paul [D-NY-20], Rep. Scholten, Hillary J. [D-MI-3], Rep. Peters, Scott H. [D-CA-50], Rep. Titus, Dina [D-NV-1], Rep. Chu, Judy [D-CA-28], Rep. Davids, Sharice [D-KS-3]
Recent Actions
- 2025-02-26: 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.
- 2025-02-26: 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.
- 2025-02-26: Introduced in House
- 2025-02-26: Introduced in House
Bill Versions
- Security Clearance Review Act — issued 2025-02-26 — PDF (4 pages)