Administrative Due Process

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.