S.Amdt. 2298

1. Rewrites section 1064

   Replaces

   Removes section 1064.

   Inserted: SEC. 1064. SECURITY CLEARANCES; LIMITATIONS.

   Inserted: (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:

   Inserted: "SEC. 3002. SECURITY CLEARANCES; LIMITATIONS.

   Inserted: "(a) Definitions.--In this section:

   Inserted: "(1) Congressional intelligence committees.--The term 'congressional intelligence committees' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a).

   Inserted: "(2) 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).

   Inserted: "(3) Covered person.--The term 'covered person' means--

   Inserted: "(A) an officer or employee of a Federal agency;

   Inserted: "(B) a member of the Army, Navy, Air Force, or Marine Corps who is on active duty or is in an active status; and

   Inserted: "(C) an officer or employee of a contractor of a Federal agency.

   Inserted: "(4) 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).

   Inserted: "(5) Special access program.--The term 'special access program' has the meaning given that term in section 4.1 of Executive Order 12958 (60 Fed. Reg. 19825).

   Show 17 more inserted paragraphsShow less

   Inserted: "(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--

   Inserted: "(1) an unlawful user of, or is addicted to, a controlled substance; or

   Inserted: "(2) mentally incompetent, as determined by a mental health professional approved by the applicable Federal agency.

   Inserted: "(c) Disqualification.--

   Inserted: "(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 has been--

   Inserted: "(A) 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; or

   Inserted: "(B) discharged or dismissed from the Armed Forces under dishonorable conditions.

   Inserted: "(2) Waiver authority.--In a meritorious case, an exception to the disqualification in this subsection may be authorized 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.

   Inserted: "(3) Covered security clearances.--This subsection applies to security clearances that provide for access to--

   Inserted: "(A) special access programs;

   Inserted: "(B) Restricted Data; or

   Inserted: "(C) any other information commonly referred to as 'sensitive compartmented information'.

   Inserted: "(4) Annual report.--Not later than February 1 of each year, the head of a Federal agency shall submit a report to the congressional intelligence committees and to each Committee of the Senate or the House of Representatives with oversight authority over such Federal agency, if such agency employs or employed a person for whom a waiver was granted in accordance with paragraph (2) during the preceding year. Such annual report shall not reveal the identity of such person, but shall include for each waiver issued the disqualifying factor under paragraph (1) and the reasons for the waiver of the disqualifying factor.".

   Inserted: (b) Conforming Amendments.--

   Inserted: (1) Repeal.--Section 986 of title 10, United States Code, is repealed.

   Inserted: (2) Clerical amendment.--The table of sections at th beginning of chapter 49 of such title is amended by striking the item relating to section 986.

   Inserted: (3) Effective date.--The amendments made by this subsection shall take effect on January 1, 2008.

   Original wording

   Strike section 1064 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed