Page:United States Statutes at Large Volume 122.djvu/351

 12 2 STA T .3 2 8PUBLIC LA W 11 0– 181 —J A N .28, 2008 SEC.107 1. T E RMINA TI O NO F COMMISSION ON T H EIM PL EMENTATION OF THE NE W STRATE G IC POST U RE OF THE UNITE D STATES. Section105 1o f t h e Na tiona lD efen s e Au tho r i z ation Act for F iscal Y ear 2 00 6(P u b lic L a w 10 9– 16 3; 119 Stat . 3 4 31 ) is re p eale d . SEC. 107 2 . SECURIT Y CLEARANCES LIMITATIONS. (a) INGE NE RAL . —T itle III of the Intelli g ence R efor m and Ter - rorism Pre v ention Act of 2004 (50 U .S. C . 435b) is amended b y adding at the end the following new section

‘SEC. 3 002. SECURITY CLEARANCES; LIMITATIONS. ‘ ‘(a) DE FI NI T I O N S .—In this section: ‘‘(1) CONTROLLE D S UB STAN C E.—The term ‘controlled sub- stance ’ has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 8 02). ‘‘(2) CO V ERED P ERSON.—The term ‘covered person’ means— ‘‘(A) an officer or employee of a Federal agency; ‘‘( B ) a member of the Army , Navy, Air Force, or M arine Corps who is on active duty or is in an active status; and ‘‘(C) an officer or employee of a contractor of a Federal agency. ‘‘(3) RESTRICTED DATA.—The term ‘Restricted Data’ has the meaning given that term in section 11 of the Atomic E nergy Act of 1954 (42 U.S.C. 2014). ‘‘(4) SPECIAL ACCESS PRO G RA M .—The term ‘special access program’ has the meaning given that term in section 4.1 of E x ecutive O rder No. 12958 (60 Fed. Reg. 19825). ‘‘(b) PRO H IBITION.—After J anuary 1, 2008, the head of a Federal agency may not grant or renew a security clearance for a covered person who is an unlawful user of a controlled substance or an addict (as defined in section 102(1) of the Controlled Substances Act (21 U.S.C. 802)). ‘‘(c) DIS Q UALIFICATION.— ‘‘(1) IN GENERAL.—After January 1, 2008, absent an express written waiver granted in accordance with paragraph (2), the head of a Federal agency may not grant or renew a security clearance described in paragraph (3) for a covered person who— ‘‘(A) has been convicted in any court of the United States of a crime, was sentenced to imprisonment for a term exceeding 1 year, and was incarcerated as a result of that sentence for not less than 1 year; ‘‘(B) has been discharged or dismissed from the Armed Forces under dishonorable conditions; or ‘‘(C) is mentally incompetent, as determined by an ad j udicating authority, based on an evaluation by a duly q ualified mental health professional employed by, or accept- able to and approved by, the United States Government and in accordance with the adjudicative guidelines required by subsection (d). ‘‘(2) W AIVER AUTHORIT Y .—In a meritorious case, an excep- tion to the disqualification in this subsection may be authorized if there are mitigating factors. Any such waiver may be author- ized only in accordance with—

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