Drain the Intelligence Community Swamp Act of 2025
- Bill Number
- H.R. 80
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2025-01-03: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, and Armed Services, 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
- 2025-06-06T14:17:56Z
AI-Generated Summary
Purpose
The legislation, titled the "Drain the Intelligence Community Swamp Act of 2025," aims to revoke security clearances (permissions to access classified government information) for specific former members of the U.S. intelligence community. It targets individuals accused of involvement in misleading statements about the 2020 Hunter Biden laptop story, with the goal of holding them accountable and preventing future access to sensitive information.
Key Provisions
- Immediate Revocation of Clearances: Within 24 hours of the bill becoming law, security clearances are automatically revoked for:
- The 51 named individuals (former intelligence officials, listed in Section 2(c), including figures like Jim Clapper, John Brennan, and Michael Morell).
- All signatories of the "Public Statement on the Hunter Biden Emails" dated October 19, 2020 (a letter from former intelligence officials suggesting the laptop story had hallmarks of Russian disinformation).
- Prohibition on Future Clearances: No new security clearances can be granted or renewed for these individuals.
- Required Investigations: The Secretary of Defense and the Attorney General must investigate the named individuals and signatories for:
- Their roles in the "Hunter Biden laptop scandal" (referring to events surrounding the laptop's contents and public reporting in 2020).
- Their level of engagement with the Biden presidential campaign.
Significant Changes to Existing Law
- This bill introduces a mandatory, targeted revocation of security clearances for specific individuals without individual hearings or standard review processes, which typically involve agency discretion (e.g., through the Director of National Intelligence or Department of Defense).
- It mandates investigations by executive branch officials into political activities, potentially expanding the scope of what constitutes misuse of intelligence roles beyond current guidelines under laws like the Intelligence Authorization Acts.
- Unlike general laws on clearances (e.g., Executive Order 12968), this creates a precedent for Congress to directly intervene in post-employment clearances for named persons.
Potential Impacts
- On Government Agencies: The Department of Defense and Department of Justice will face new investigative burdens, potentially straining resources. The intelligence community may lose access to expertise from these former officials, who often serve as consultants or briefers, affecting operations or policy advice.
- On Citizens: Minimal direct impact, but it could influence public trust in intelligence agencies by addressing perceived biases in election-related matters. It might also set a tone for politicized handling of national security.
- On International Relations: Limited, though revoked clearances could hinder these individuals' roles in private-sector international consulting or think tanks, indirectly affecting U.S. soft power or alliances if they were involved in global security discussions.
Main Stakeholders Affected
- Primary: The 51 named former intelligence officials and other signatories of the 2020 statement, who lose access to classified information and may face professional repercussions (e.g., in consulting or media roles).
- Secondary: U.S. intelligence agencies (e.g., CIA, NSA), the Department of Defense, and Department of Justice, which must implement revocations and conduct investigations.
- Broader: Political figures and campaigns (e.g., references to the Biden campaign), as well as the public discourse on election integrity and intelligence impartiality.
Notable Legal, Constitutional, or Political Implications
- Legal: The bill's automatic revocation without due process (e.g., no appeals mechanism) could invite lawsuits challenging it as arbitrary or violating administrative procedures under the Administrative Procedure Act. Investigations into political engagement might raise First Amendment concerns over free speech.
- Constitutional: It tests separation of powers, as Congress directs executive actions (revocations and probes) that traditionally fall under presidential authority over national security. This could prompt veto or judicial review.
- Political: The targeted nature, linking to a specific 2020 election controversy, highlights partisan divisions, potentially eroding bipartisanship in intelligence oversight and fueling debates on "deep state" accountability versus politicization of security tools.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Rep. Davidson, Warren [R-OH-8]
Recent Actions
- 2025-01-03: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, and Armed Services, 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.
- 2025-01-03: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, and Armed Services, 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.
- 2025-01-03: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, and Armed Services, 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.
- 2025-01-03: Introduced in House
- 2025-01-03: Introduced in House
Bill Versions
- Drain the Intelligence Community Swamp Act of 2025 — issued 2025-01-03 — PDF (4 pages)