FAS

Security Clearances and Presidential Authority

11.18.16 | 2 min read | Text by Steven Aftergood

“Security clearances are not mandated for the President, Vice President, Members of Congress, Supreme Court Justices, or other constitutional officers,” a recent Congressional Research Service report explains. “The criteria for election or appointment to these positions are specified in the U.S. Constitution, and except by constitutional amendment, no additional criteria (e.g., holding a security clearance) may be required.”

In fact, the security clearance system itself is an expression of presidential authority. Its scope and operation are defined in an executive order (EO 12968), and its terms can be modified by the President at will.

And if the President wished to grant access to classified information to a family member, for example, there would be no legal barrier to doing so. See “Trump Will Have Wide Latitude to Let Family Into Government’s Secret Circles” by Mark Landler, New York Times, November 16.

*

Americans with relatives in China have a vanishingly small chance of getting a security clearance, according to a new analysis by attorney Sheldon I. Cohen.

“Every year American citizens with family ties in China apply for security clearances, but for them the chances of getting a security clearance are remote. Winning the lottery has better odds. After an applicant spends the time, effort, and frequently the money to hire legal counsel, the result is virtually always the same — clearance denied.”

Given current realities, Cohen wrote, the government might as well “just issue a blanket policy statement that applicants with family ties in China will not be granted a security clearance. That would save not only the applicants, but also the American taxpayers the money wasted on hearings which virtually always have a predictable outcome.” See If You Have A Family Member in China — Chances of Getting a Security Clearance Are Remote by Sheldon I. Cohen, Fall 2016.

publications
See all publications
FAS
Policy Memo
Agenda for an American Renewal

There is no better time to re-invigorate America’s innovation edge by investing in R&D to create and capture “industries of the future,” re-shoring capital and expertise, and working closely with allies to expand our capabilities while safeguarding those technologies that are critical to our security.

05.15.25 | 13 min read
read more
Global Risk
Press release
Nuclear Notebook: Russian Nuclear Weapons 2025 Federation of American Scientists Unveils Comprehensive Analysis of Russia’s Nuclear Arsenal

Russia currently maintains nearly 5,460 nuclear warheads, with an estimated 1,718 deployed. This represents a slight decrease in total warheads from previous years but still positions Russia as the world’s largest nuclear power alongside the United States.

05.13.25 | 3 min read
read more
Clean Energy
Blog
AI, Energy, and Climate: What’s at Stake? Hint: A lot.

The stakes are high: how we manage this convergence will influence not only the pace of technological innovation but also the equity and sustainability of our energy future.

05.12.25 | 6 min read
read more
Government Capacity
Blog
Bridging Innovation and Expertise: Connecting Federal Talent to America’s Tech Ecosystems

We’re launching an initiative to connect scientists, engineers, technologists, and other professionals who recently departed federal service with emerging innovation ecosystems across the country that need their expertise.

05.09.25 | 5 min read
read more