§986. Security clearances: limitations

(a) Prohibition.-After October 30, 2000, the Department of Defense may not grant or renew a security clearance for a person to whom this section applies who is described in subsection (c).

(b) Covered Persons.-This section applies to the following persons:

(1) An officer or employee of the Department of Defense.

(2) A member of the Army, Navy, Air Force, or Marine Corps who is on active duty or is in an active status.

(3) An officer or employee of a contractor of the Department of Defense.

(c) Persons Disqualified From Being Granted Security Clearances.-A person is described in this subsection if any of the following applies to that person:

(1) The person has been convicted in any court of the United States of a crime, was sentenced to imprisonment for a term exceeding one year, and was incarcerated as a result of that sentence for not less than one year.

(2) The person is an unlawful user of, or is addicted to, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

(3) The person is mentally incompetent, as determined by a mental health professional approved by the Department of Defense.

(4) The person has been discharged or dismissed from the Armed Forces under dishonorable conditions.

(d) Waiver Authority.-In a meritorious case, an exception to the prohibition in subsection (a) may be authorized for a person described in paragraph (1) or (4) of subsection (c) if there are mitigating factors. Any such waiver may be authorized only in accordance with standards and procedures prescribed by, or under the authority of, an Executive order or other guidance issued by the President.

(e) Annual Report.-Not later than February 1 each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report identifying each waiver issued under subsection (d) during the preceding year with an explanation for each case of the disqualifying factor in subsection (c) that applied, and the reason for the waiver of the disqualification.

(Added Pub. L. 106–398, §1 [[div. A], title X, §1071(a)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-275; amended Pub. L. 107–107, div. A, title X, §1048(c)(3), Dec. 28, 2001, 115 Stat. 1226 ; Pub. L. 108–375, div. A, title X, §1062, Oct. 28, 2004, 118 Stat. 2056 .)

Amendments

2004-Subsec. (c)(1). Pub. L. 108–375, §1062(a), substituted ", was sentenced" for "and sentenced" and inserted before period at end ", and was incarcerated as a result of that sentence for not less than one year".

Subsec. (d). Pub. L. 108–375, §1062(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "In a meritorious case, the Secretary of Defense or the Secretary of the military department concerned may authorize an exception to the prohibition in subsection (a) for a person described in paragraph (1) or (4) of subsection (c). The authority under the preceding sentence may not be delegated."

2001-Subsec. (a). Pub. L. 107–107 substituted "October 30, 2000," for "the date of the enactment of this section,".