Security Clearances

Due Process for Denials and Revocations by Defense, Energy, and State Gao ID: NSIAD-92-99 May 6, 1992

Regulations at the Departments of Defense (DOD), Energy (DOE), and State do not require that letters be sent to individuals advising them of revoked security clearances and the reasons for it. About 11,500--or 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 heard by the services' central clearance offices, meaning that their clearances remained indefinitely suspended rather than formally revoked. Because of security reasons, DOD's annual report on clearance activity does not accurately reflect the number of clearances revoked or indefinitely suspended. When State sends letters alerting individuals to their unfavorable security clearance, it also tells them how to access investigative material about themselves; DOD and DOE regulations do not require that such letters contain similar guidance. Although not specifically required by governmentwide regulation, the three agencies have established procedures for employees to appeal unfavorable security clearance determinations. In some cases, however, DOD and State use officials linked to the organizations responsible for the unfavorable security decisions, raising questions about the independence of these appeals boards.

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.

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:


The Justia Government Accountability Office site republishes public reports retrieved from the U.S. GAO These reports should not be considered official, and do not necessarily reflect the views of Justia.