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news and resources for acquiring, maintaining, and retaining government-issued security clearances

Bill Seeks to Broaden DoD Clearance Authority

H.R. 2615 , a bill introduced by U.S. Representative Elijah Cummings (D-MD) seeks to revoke U.S. law prohibiting the Department of Defense from granting or renewing the security clearance of any individual who: 1) has been found guilt of a crime and served more than one year in prison, 2) unlawfully uses a controlled substance, 3) suffers from mental incompetence, or 4) was dishonorably discharged from the U.S. military. The existing law allows for a waiver based upon mitigating circumstances.

The Hill, a newspaper covering Congress, reported on the bill here.

Filed Under: Reform, Laws & Regulations

Posted by The Editors on Jun 13, 2007 at 09:40AM | Comments (2)

Comments

Does anyone know if a General (Other than Honorable) discharge would be considered “dishonorable” under the Smith Amendment?

Posted by Diego Velasco on Jun 25, 2007 at 02:25PM

No, a General Discharge is not considered “Has been discharge or dismissed from the Armed Forces under dishonorable conditions” under the Smith Act.

The Smith Act is worded the way it is so that it will apply to both former officers and enlisted personnel. DOHA has interpreted to Smith Act as applying to any former military officer who was involuntarily dismissed from the Armed Forces under adverse circumstances.

Posted by on Aug 13, 2007 at 02:02AM

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