10 U.S.C. § 986 : US Code - Section 986: Security clearances: limitations

Search 10 U.S.C. § 986 : US Code - Section 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.