text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Security Clearance Family Review 
  Act''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) Chapter 31 of title 5, United States Code, establishes 
          anti-nepotism laws.
              (2) The specific purpose of the statute was to prevent 
          nepotism and unfair conduct in Federal hiring practices.
              (3) The White House announced Jared Kushner's Federal 
          employment appointment as senior White House adviser on January 
          9, 2017.
              (4) The White House announced Ivanka Trump's appointment as 
          an official government employee as assistant to the President 
          on March 29, 2017.
              (5) Under section 3110(a)(3) of title 5, United States 
          Code, a daughter or son-in-law constitute a ``relative'' for 
          purposes of a public official.
              (6) According to recent reporting by the New York Times, 
          both Mr. Kushner and Ms. Trump retain substantial holdings, 
          totaling as much as $740 million, that would be impacted based 
          on a decision made by the Government.
              (7) Question 20A.1 on United States Government Standard 
          Form 86 (SF 86), which all applicants seeking a security 
          clearance must submit, asks: ``Have you, your spouse, or 
          cohabitant ever had any foreign financial interests (such as 
          stocks, property, financial investments, bank accounts, 
          ownership of corporate entities, corporate interests, or 
          businesses) in which you or they have direct control or direct 
          ownership?''.
              (8) Question 20A.2 on such Form asks: ``Have you, your 
          spouse, cohabitant, or dependent children ever had any foreign 
          financial interests that someone controlled on your behalf?''.
              (9) Question 20A.3 on such Form asks: ``Have you, your 
          spouse, cohabitant, or dependent children ever owned, or do you 
          anticipate owning, or plan to purchase real estate in a foreign 
          country?''.
              (10) Financial disclosures released on March 31, 2017, 
          indicate that while both Mr. Kushner and Ms. Trump have 
          divested from direct leadership roles in their previous 
          businesses and real estate interests, their financial wealth 
          remains tied to the success of those ventures by way of various 
          trusts and company holdings.
              (11) President Trump has repeatedly declined to disclose 
          personal or commercial tax returns or divesture agreements.
              (12) Given President Trump's refusal to disclose tax 
          returns or divesture agreements, it is difficult to assess 
          whether Mr. Trump's relatives sufficiently divested in holdings 
          or are subject to foreign financial influence, including 
          possible loans to the Trump Organization or to Mr. Kushner's 
          businesses from state-owned foreign financial entities, 
          including China's Anbang Insurance Group and Russia's 
          VneshEconomBank.
  
  SEC. 3. LIMITATION ON PROVISION OF SECURITY CLEARANCES TO RELATIVES OF 
                THE PRESIDENT.
  
      (a) Limitation on Security Clearances.--Section 3110(a)(1) of title 
  5, United States Code, is amended--
              (1) in subparagraph (C) by striking ``and'';
              (2) in subparagraph (D) by striking the semicolon and 
          inserting ``; and''; and
              (3) by adding at the end the following:
                      ``(E) for purposes of subsection (f), an office, 
                  agency, or other establishment within the White House 
                  or the Executive Office of the President;''.
      (b) Prohibition on Security Clearances to Relatives of the 
  President.--Section 3110 of title 5, United States Code, is amended by 
  adding at the end the following:
      ``(f) Prohibition on Security Clearances to Relatives of the 
  President.--
              ``(1) In general.--Except as provided for under paragraph 
          (2), an agency, including the Department of Defense, may not 
          grant eligibility for access to classified information to a 
          relative of the President for the purposes of Federal 
          employment unless a favorable determination is submitted to the 
          head of the agency pursuant to paragraph (2)(C).
              ``(2) Review process.--
                      ``(A) Request for determination.--If the President 
                  determines that a relative of the President requires 
                  access to classified information for Federal 
                  employment, the President shall submit a letter to the 
                  Director of the Office of Government Ethics requesting 
                  a determination regarding the relative's suitability 
                  for such access.
                      ``(B) OGE review.--The Director shall conduct a 
                  review to determine whether the applicable relative has 
                  any ongoing and substantial commercial relationships 
                  with state-owned or privately owned foreign enterprises 
                  or financial institutions and, if so, whether the 
                  relative is ineligible for access to security clearance 
                  because of such relationships.
                      ``(C) Submission.--Not later than 60 days after 
                  receipt of a letter under subparagraph (A), the 
                  Director shall submit the determination made under 
                  subparagraph (B) to--
                              ``(i) the President;
                              ``(ii) the head of the employing agency of 
                          the relative; and
                              ``(iii) the Committee on Foreign Affairs, 
                          the Committee on Armed Services, and the 
                          Permanent Select Committee on Intelligence of 
                          the House of Representatives.''.
target: Security Clearance Family Review Act This bill prohibits specified federal agencies, including the Department of Defense, from granting access to classified information to a relative of the President for purposes of federal employment unless the Office of Government Ethics makes a favorable determination during a review process regarding the relative's suitability for such access. In conducting a review, the Office of Government Ethics must determine whether the relative of the President has any ongoing and substantial commercial relationships with state-owned or privately owned foreign enterprises or financial institutions, and, if so, whether the relative is ineligible for access to classified information because of such relationships.
feat_title: Security Clearance Family Review Act