Congress' Power: Law And Security Clearance

Members of Congress do not have security clearances. In 2011, a report proposed mandating security clearances for all members of Congress, but this was never passed. The topic of security clearances for elected officials is a complex one, and there are arguments for and against requiring them. Security clearances are generally granted by federal agencies following a background investigation.

Security clearances for members of Congress

Members of Congress do not have security clearances. They hold Constitutional offices in a different branch of government and are not in the executive branch.

An August 2011 CRS report proposed mandating security clearances for all members of Congress. Despite several proposals and wrangling on both the legislative and executive sides, requirements for members of Congress or elected officials to obtain security clearances have never been passed. Opponents of requiring security clearances argue the process could compromise the independence of legislators and add increased scrutiny on members that may prove politically, if not personally, harmful.

Through the process of election and selection to a seat in the House of Representatives or Senate comes with it a certain public seal of access to information of a sensitive nature. Trustworthiness often plays a major role in politicking.

A security clearance may be granted only by a federal agency, and generally only upon completion of a background investigation. Most background investigations are overseen by OPM's Federal Investigative Services.

The independence of legislators

Members of Congress do not have security clearances. They are not in the executive branch, but hold constitutional offices in a different branch of government.

The topic of security clearances for elected officials has long been a complex one. An August 2011 CRS report proposed mandating security clearances for all members of Congress. Despite several proposals and wrangling on both the legislative and executive sides, requirements for members of Congress or elected officials to obtain security clearances have never been passed. Opponents of requiring security clearances argue the process could compromise the independence of legislators. This is because it would add increased scrutiny on members that may prove politically, if not personally, harmful. Given the number of sex scandals and other congressional debauchery, one could argue that many members of Congress may have blackmail problems, and a lot to lose in the event of an unfavourable clearance decision.

Through the process of election and selection to a seat in the House of Representatives or Senate comes a certain public seal of access to information of a sensitive nature. Trustworthiness often plays a major role in politicking.

A security clearance may be granted only by a federal agency, and generally only upon completion of a background investigation. Most background investigations are overseen by OPM's Federal Investigative Services.

Congressional debauchery and blackmail

Members of Congress do not have security clearances. They hold Constitutional offices in a different branch of government to the executive branch, and are not subject to the same rules.

An August 2011 CRS report proposed mandating security clearances for all members of Congress. However, this was never passed. Opponents of the idea argued that the process could compromise the independence of legislators and add increased scrutiny on members that may prove politically, if not personally, harmful. Given the number of sex scandals and other congressional debauchery, it's possible that a fair number of members of Congress may have blackmail problems, and a lot to lose in the event of an unfavorable clearance decision.

Security clearances are generally granted by federal agencies, and only upon completion of a background investigation. However, members of Congress are not subject to the same rules as the public when it comes to obtaining security clearances. Through the process of election and selection to a seat in the House of Representatives or Senate comes with it a certain public seal of access to information of a sensitive nature.

The public seal of access to information

The topic of security clearance for elected officials has long been a complex one. Members of Congress do not receive security clearances in the same way that a member of the public would. However, through the process of election and selection to a seat in the House of Representatives or Senate, there is a certain public seal of access to information of a sensitive nature. Trustworthiness often plays a major role in politicking, as voters may not trust an elected official with access to sensitive information if they are deemed untrustworthy.

Despite several proposals and wrangling on both the legislative and executive sides, requirements for members of Congress or elected officials to obtain security clearances have never been passed. Opponents of requiring security clearances argue the process could compromise the independence of legislators and add increased scrutiny on members that may prove politically, if not personally, harmful.

A security clearance may be granted only by a federal agency, and generally only upon completion of a background investigation. EO 12968 spells out who needs clearances and who doesn't.

Background investigations

Members of Congress do not have security clearances. They are not in the executive branch, but hold constitutional offices in a different branch of government.

An August 2011 report proposed mandating security clearances for all members of Congress. However, this was never passed. Opponents of this idea argue that the process could compromise the independence of legislators and add increased scrutiny on members that may prove politically harmful.

Security clearances are granted by federal agencies, and generally only upon completion of a background investigation. Most background investigations are overseen by OPM's Federal Investigative Services, although the actual investigations may be conducted by private investigative firms.

Through the process of election and selection to a seat in the House of Representatives or Senate comes with it a certain public seal of access to information of a sensitive nature. Trustworthiness often plays a major role in politicking.

Frequently asked questions