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1 1 (December 3, 2024)

handle is hein.crs/goverly0001 and id is 1 raw text is: Congressional Research Service Informing 11w legislative debate since 1914 0 December 3, 2024 Presidential Transitions: Security Clearance Background Investigations The security clearance process is designed to determine the trustworthiness of an individual prior to granting him or her access to classified national security information. Only federal entities may issue security clearances-and generally only upon a favorable determination following completion of a background investigation. To facilitate the presidential transition and minimize gaps in national security personnel, expedited security clearance processes are available before and after each presidential election. Before the election, eligible presidential candidates may initiate clearances for prospective transition team members whose duties will require access to classified information. Post-election, an apparent successful presidential candidate may initiate expedited background investigations for proposed nominees for high-level Cabinet positions. This helps to ensure that these individuals have the appropriate clearances to perform their duties as soon as practicable. This In Focus covers the expedited security clearance processes that are available to presidential candidates prior to inauguration, both pre- and post-election, and provides answers to frequently asked questions. For further discussion of the security clearance process, see CRS Report R43216, Security Clearance Process: Answers to Frequently Asked Questions. oA Postons Require Background Investgations In general, all individuals working for or on behalf of the federal government are subject to background investigations to ensure that they are and continue to be loyal to the United States, reliable, trustworthy, and of good conduct and character according to investigative and adjudicative standards (Executive Order 13764). Though all positions require some form of background investigation, not all require security clearances. A security clearance, as noted above, is designed to determine eligibility for access to classified information. For positions that do not require access to classified information, a background investigation is conducted to determine the applicant's suitability for federal employment. A background investigation to determine suitability may involve many of the same investigative elements as a background investigation for a security clearance. Unlike a security clearance, a suitability determination does not confer access to classified information. Additionally, many, but not all, Senate committees have formal or informal rules that require pending political appointees to complete questionnaires and undergo some form of background investigation prior to their nomination hearings. Committee requirements are separate and distinct from security clearance requirements. Personal information obtained as part of a security clearance background investigation may be made available to committees upon request to the Administration and in accordance with applicable provisions of the Privacy Act (5 U.S.C. §552a) or other use restrictions. Transition Team Cearances (Pre- ection) The Intelligence Reform and Terrorism Prevention Act (IRTPA, P.L. 108-458) expedites security clearance processing for members of each eligible candidate's transition team who will require access to classified materials. IRTPA allows each eligible candidate, as defined by the Pre-Election Presidential Transition Act of 2010, to initiate the transition team's security clearance investigations prior to the election (50 U.S.C. §3342). The Pre-Election Presidential Transition Act of 2010 defines an eligible candidate as a candidate of a major party for President or Vice President and any other candidate the administrator of the General Services Administration has determined to be a principal contender (3 U.S.C. §102 note). To the extent practicable, the background investigations and security clearance adjudications for transition team members are to be completed by the day after the general election. This helps to ensure that the transition team members of an incoming presidential Administration have the appropriate clearances during the transition period between election and inauguration. While IRTPA provides for expedited processing of transition team clearance investigations, it does not loosen or waive applicable investigative requirements or adjudicative standards. Further, presidential candidates are not statutorily required to initiate clearances for transition team members. Failure to do so may limit or delay transition team members' access to classified materials. Presidentia Nominee C earances (Post- ection) After the presidential election, the Presidential Transition Act (PTA, 3 U.S.C. §102 note) allows apparent successful

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