DOD Special Access Programs

The Departments of Defense (DOD), Energy (DOE), and State use a wide range of procedures when denying or revoking clearances for classified information. This is also the case when DOD revokes access to special access programs and sensitive compartmented information. For example, DOD and State suspend clearances for long periods without telling employees why. DOD also suspends many clearances indefinitely, never revoking them, even though the individuals may have either been discharged or imprisoned. DOD and DOE did not tell people how they could obtain information on the investigations. Furthermore, the appeal procedures at DOD and State could be perceived as lacking independence because the officials hearing the appeals were either involved in the unfavorable determinations or were in the same chain of command. In reviewing administrative due process for DOD's special access program, GAO discovered that the Navy and the Air Force skirted the process for government and contractor employees. All three military services did provide due process, however, when access to sensitive compartmented information was initially denied or revoked. The Navy and Air Force appeal procedures for sensitive compartmented information could also be perceived as lacking independence. GAO is particularly concerned about the special access program administrative due process procedures proposed for contractor employees in the recently authorized National Industrial Security Program. If these procedures are adopted, contractor employees could be denied due process because the procedures can be waived. GAO summarized this report in testimony before Congress; see: Administrative Due Process: Denials and Revocations of Security Clearances and Access to Special Programs, by Donna M. Heivilin, Director of Defense Management and NASA Issues, before the Subcommittee on Civil and Constitutional Rights, House Committee on the Judiciary, and before the Subcommittee on the Civil Service, House Committee on Post Office and Civil Service. GAO/T-NSIAD-93-14, May 5, 1993 (19 pages).

GAO found that: (1) although the Department of Defense's (DOD) personnel security program regulation requires that administrative due process be given to DOD personnel whose access to SAP is denied, the Navy and Air Force did not provide due process in SAP; (2) the Army provides due process to personnel whose access to SAP is denied; (3) the DOD regulation applies to contractor personnel except for the unfavorable administrative action procedures; (4) in randomly selected cases, DOD and contractor personnel involved with SAP do not receive administrative due process from the Navy and Air Force; (5) DOD support for SCI-type procedures in the National Industrial Security Program may by the first step in its efforts to continue denying contractor and DOD employees administrative due process; (6) under SCI procedures, the official who denies or revokes an SCI access also determines if the reasons for the action will be provided upon request and if the individual will be allowed to appeal the denial; and (7) the services provide administrative due process to government and contractor personnel whose access to SCI is initially denied or revoked.

Recommendations

Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.

Director: Team: Phone: