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Bond Amendment, Security Clearances - January 1, 2008

January 1, 2008

In General.-Title III of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b) is amended by adding at the end the following new section: "SEC. 3002. SECURITY CLEARANCES; LIMITATIONS

SEC. 1072. SECURITY CLEARANCES; LIMITATIONS. (a) In General.-Title III of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b) is amended by adding at the end the following new section: "SEC. 3002. SECURITY CLEARANCES; LIMITATIONS. "(a) Definitions.-In this section: "(1) Controlled substance.-The term `controlled substance' has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802). "(2) Covered person.-The term `covered person' means- "(A) an officer or employee of a Federal agency; "(B) a member of the Army, Navy, Air Force, or Marine 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 Energy Act of 1954 (42 U.S.C. 2014). "(4) Special access program.-The term `special access program' has the meaning given that term in section 4.1 of Executive Order No. 12958 (60 Fed. Reg. 19825). "(b) Prohibition.-After January 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) Disqualification.- "(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 adjudicating authority, based on an evaluation by a duly qualified mental health professional employed by, or acceptable to and approved by, the United States Government and in accordance with the adjudicative guidelines required by subsection (d).