Sec. 1042. Security clearances for recently separated members of the Armed Forces and civilian employees of the Department of Defense
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/bill/117/hr/7900/rh/section-1042·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (b), beginning on the date on which a covered individual separates from the Armed Forces or the Department of Defense (as the case may be), if the Secretary of Defense determines that the covered individual held a security clearance immediately prior to such separation and requires a security clearance of an equal or lower level for employment as a covered contractor, the Secretary shall— during the one-year period following such date, treat the previously held security clearance as an active security clearance for purposes of such employment; and during the two-year period following the conclusion of the period specified in subparagraph (A), ensure that the adjudication of any request submitted by the covered employee for the reactivation of the previously held security clearance for purposes of such employment is completed by not later than 180 days after the date of such submission.
In the case of a member of the Armed Forces who is a member of the Coast Guard, the Secretary of Defense shall carry out paragraph
(1)in consultation with the Secretary of the Department in which the Coast Guard is operating. Subsection
(a)shall not apply with respect to a covered individual— whose previously held security clearance is, or was as of the date of separation of the covered individual, under review as a result of one or more potentially disqualifying factors or conditions that have not been fully investigated or mitigated; or in the case of a member of the Armed Forces, who separated from the Armed Forces under other than honorable conditions. The exception specified in paragraph (1)(A) shall not apply with respect to a routine periodic reinvestigation or a continuous vetting investigation in which no potentially disqualifying factors or conditions have been found. In this section: The term covered contractor means an individual who is employed by an entity that carries out work under a contract with the Department of Defense or an element of the intelligence community. The term covered individual means a former member of the Armed Forces or a former civilian employee of the Department of Defense. The term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ).
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Sec. 1042
Security clearances for recently separated members of the Armed Forces and civilian employees of the Department of Defense
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