Security Clearances: Due Process for Denials and Revocations by Defense, Energy, and State: Nsiad-92-99 - Paperback

by U. S. Government Accountability Office ( (Created by)

Pursuant to a congressional request, GAO reviewed the due process practices at the Departments of Defense (DOD), Energy (DOE), and State for individuals that have security clearances denied or revoked, focusing on: (1) the agencies' practices for suspending individuals' security clearances; (2) whether the agencies give individuals access to their investigative records; and (3) whether appeals of unfavorable decisions are heard by independent decisionmakers who document their decisions.
GAO found that: (1) the three agencies do not require that letters be sent to individuals to advise them when and why their clearances are suspended; (2) 70 percent of the individuals in the Army, Navy, and Air Force whose access or clearances were suspended for security reasons did not get their cases adjudicated by the services' central clearance offices and, as a result, their clearances were never formally revoked but were left indefinitely suspended; (4) the annual DOD report on clearance activity did not accurately show the number of clearances revoked or indefinitely suspended for security reasons; (5) State letters to individuals informing them of unfavorable security clearance actions also included information regarding procedures for gaining access to investigative material about themselves; (6) DOD and DOE regulations do not require that letters to individuals contain guidance to gain access to investigative material; (7) the three agencies have established procedures for employees to appeal unfavorable security clearance determinations; (8) DOE uses independent individuals to hear appeals and make recommendations; and (9) DOD and State use officials with administrative ties to the organizations responsible for clearance determinations, so their appeal boards do not appear to be administratively independent.