Security Clearances: Due Process for Denials and Revocations by Defense, Energy, and State
NSIAD-92-99
Published: May 06, 1992. Publicly Released: Jun 08, 1992.
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Highlights
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.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Defense | The Secretary of Defense should revise suspension procedures to require detailed notification letters to individuals. |
Changes were made to DOD Regulation 5200.2-R, issued July 14, 1993.
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| Department of Defense | The Secretary of Defense should revise suspension procedures to require prompt reporting of actions to central clearance offices. |
DOD issued changes to DOD Regulation 5200.2-R.
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| Department of Defense | The Secretary of Defense should revise suspension procedures to require time limits for subsequent actions. |
Pen and ink changes were made to DOD Regulation 5200.2-R on July 14, 1993.
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| Department of Defense | The Secretary of Defense should revise suspension procedures to require final resolution of all clearance suspension actions. |
DOD has incorporated this change in DOD 5200.2-R dated July 14, 1993.
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| Department of Defense | The Secretary of Defense should require that individuals be told by letter of procedures for requesting access to investigative records about themselves. |
On July 14, 1993, changes were made to DOD Regulation 5200.2-R.
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| Department of Defense | The Secretary of Defense should consider establishing an independent board or boards to hear appeals from DOD and contractor employees. |
The President issued Executive Order 12968, "Access to Classified Information," which required an independent panel to hear the appeals, on August 4, 1995.
|
| Department of Energy | The Secretary of Energy should require that letters be used to tell individuals: (1) when their clearances are suspended, including the reasons; and (2) the procedures for getting access to investigative records about themselves. |
DOE is developing a memo to the field. DOE met with field staff and the recommendation is already in practice. Action was completed on September 24, 1992, when DOE issued an administrative letter.
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| Department of State | The Secretary of State should revise the Foreign Affairs Manual (FAM) to require the use of clearance suspension letters and that the letters contain the reasons for the action. |
The Department of State will revise FAM to clarify its requirement to use clearance suspension letters, but the revision will also clarify that reasons for suspension will be furnished only where appropriate and will be consistent with the interests of national security. The Department revised FAM on August 5, 1993, to use clearance suspension letters.
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| Department of State | The Secretary of State should consider establishing an appeal board independent of the organizations involved in unfavorable clearance decisions. |
The Department of State revised FAM issued on August 5, 1993, establishing an independent appeal process.
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Topics
Confidential communicationsDepartment of Defense contractorsFederal employeesInvestigations by federal agenciesPersonnel managementPersonnel recordsRight to due processSecurity clearancesMilitary forcesAppeals