Administrative Due Process:

Denials and Revocations of Security Clearances and Access to Special Programs

T-NSIAD-93-14: Published: May 5, 1993. Publicly Released: May 5, 1993.

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GAO discussed the administrative due process procedures that are in place for individuals who are denied security clearances and access to special programs. GAO noted that: (1) the Departments of Defense (DOD), Energy (DOE), and State do not require that individuals be formally notified when their access or clearances are suspended; (2) DOE considers suspensions to be the first step in its administrative due process procedures; (3) DOD regulations require commanders to suspend individuals' access when derogatory information surfaces; (4) DOD and DOE are not required to inform individuals on how to obtain investigative records about themselves; (5) individual hearing appeals are not part of the adjudicative process; (6) the Navy and Air Force are not providing administrative due process to government personnel who are denied access to special programs; (7) DOD, Navy, and the Air Force have provided administrative due process to government and contractor employees that are denied access to sensitive compartmented information (SCI), but they followed different procedures; and (8) some officials handling SCI appeals are in the same chain of command as the individuals involved in the adjudication process or are higher officials in the same command.

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