United States HR 9425: RISC Act

Bill Text

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117TH CONGRESS
2D SESSION H. R. 9425
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
DECEMBER 5, 2022
Mr. ESPAILLAT (for himself, Ms. CLARKE of New York, and Mr. CARSON) in-
troduced the following bill; which was referred to the Committee on Over-
sight 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
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SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Responsibility and In-2
tegrity in Security Clearance Act’’ or the ‘‘RISC Act’’. 3
SEC. 2. NOTIFICATION TO CONGRESS FOR CERTAIN SECU-4
RITY CLEARANCE DETERMINATIONS FOR 5
RELATIVES OR FINANCIAL ASSOCIATES OF 6
THE PRESIDENT. 7
(a) IN GENERAL.—Section 3001 of the Intelligence 8
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 9
3341) is amended by adding at the end the following: 10
‘‘(k) RELATIVES AND FINANCIAL ASSOCIATES OF 11
THE PRESIDENT.— 12
‘‘(1) IN GENERAL.—The Chief of Staff of the 13
White House shall notify (in writing) the Members 14
of Congress specified in section 503(c)(2) of the Na-15
tional Security Act of 1947 if the President or any 16
other individual grants a security clearance or access 17
determination with respect to a covered individual 18
contrary to— 19
‘‘(A) the recommendations of the Federal 20
Bureau of Investigation with respect to any 21
background investigation for a covered indi-22
vidual who is an employee of the White House 23
or the Executive Office of the President; or 24
‘‘(B) the determination of any agency. 25
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‘‘(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
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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
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