
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(c)(3)]
[CITE: 10USC986]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
          CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES
 
Sec. 986. Security clearances: limitations

    (a) Prohibition.--After the date of the enactment of this section, 
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 and sentenced to imprisonment for a term exceeding 
    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, 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.
    (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, Sec. 1 [[div. A], title X, Sec. 1071(a)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-275.)

                       References in Text

    The date of the enactment of this section, referred to in subsec. 
(a), is the date of enactment of Pub. L. 106-398, which was approved 
Oct. 30, 2000.
