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Reps. Don Beyer (D-VA) and Ted Lieu (D-CA) today announced the introduction of the Security Clearance Review Act, updated legislation to reform the process by which security clearances are approved for political appointees in the Executive Office of the President (EOP). Their bill is revised from previous version to include special government employees (SGEs), amid reports that Elon Musk and employees of the so-called ‘Department of Government Efficiency’ have extensive access to sensitive government data, systems, and classified information without the necessary background security vetting. The bill would codify the FBI’s role in conducting background check investigations for EOP employees, and require congressional notifications in cases where the President overrules the FBI on granting such employees access to classified information.

“My constituents who help keep the country safe could never earn a security clearance if they had the kinds of foreign entanglements, financial conflicts of interest, and alleged history of using hard drugs that Elon Musk has, which previously prevented him from receiving the highest-level government security clearance. But because Musk donated hundreds of millions of dollars to Donald Trump, he now has widespread access to Americans’ most sensitive personal data,” said Rep. Beyer. “Our national security should never be compromised by corruption, and Congress must close loopholes that allow individuals with clear vulnerabilities to bypass the rigorous and necessary vetting process required of public servants. The Security Clearance Review Act would prevent untrustworthy people with major security concerns from secretly being given access to our most sensitive intelligence ever again, adding crucial congressional oversight to the process.”

“Advisors to the President of the United States should be trustworthy and properly vetted,” said Rep. Lieu. “President Trump won’t say whether members of his own Administration have received proper security reviews to access our nation’s most sensitive intelligence. Trump has previously ignored security concerns to appoint members of his family to senior staff positions. This has created serious risks to our national security. The Security Clearance Review Act safeguards sensitive information and ensures the President cannot override crucial security clearance processes without congressional oversight.” 

The Security Clearance Review Act would require the Federal Bureau of Investigations (FBI) to make a written recommendation to the President that an individual flagged by the White House security office be denied final approval to receive a security clearance. Such a recommendation would be accompanied by notifications to the Chair and Ranking Member of House and Senate Intelligence, Oversight, and Judiciary Committees. In compliance with Article II of the Constitution, the President would have the ability to overrule such a recommendation and grant approval to persons so flagged, but the legislation would require that such a decision be justified to Congress in writing.

Original cosponsors of the Security Clearance Review Act include Reps. Andre Carson (D-IN), Lou Correa (D-CA), Dan Goldman (D-NY), Raúl Grijalva (D-AZ), Jared Huffman (D-CA), Pramila Jayapal (D-WA), Stephen Lynch (D-MA), Seth Magaziner (D-RI), Mike Quigley (D-IL), Linda Sanchez (D-CA), Jan Schakowsky (D-IL), Suhas Subramanyam (D-VA), Mark Takano (D-CA), Jill Tokuda (D-HI), Paul Tonko (D-NY), and Congresswoman Eleanor Holmes Norton (D-DC).

Full text of the Security Clearance Review Act is available here.

Reps. Beyer and Lieu were the first Members of Congress to raise questions in early 2017 about discrepancies in the security clearance paperwork filed by Jared Kushner, and later by Ivanka Trump. A whistleblower ultimately revealed they had been secretly approved by President Trump over the objections of White House Chief of Staff John Kelly, following serious issues raised by career staff in the office responsible for vetting new employees.