BOND AMENDMENT

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0005586170
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 1
• Document Creation Date: June 24, 2015
• Document Release Date: November 29, 2010
• Case Number: F-2010-01175
• Publication Date: January 1, 2008

On January 1, 2008, Public Law 110-181 (The Bond Amendment) repealed Title 10 U.S.C. 986 (Smith
Amendment).
The Bond Amendment repealed 10 U.S.C. section 996 formerly known as the Smith Amendment, and
places restrictions that are similar to the Smith Amendment, but which apply to all Federal
Government Agencies. The Bond Amendment bars persons from holding a security clearance for
access to SAPs, Restricted Data and SCI if they have been:
? convicted of a crime and served more than one year of incarceration.
? discharged from the Armed Forces under dishonorable conditions.
? determined to be mentally incompetent by a court or administrative agency.
The Bond amendment also prohibits all Federal Agencies from granting or renewing a security
clearance- for any covered person who is an unlawful user of a controlled substance or is an addict; this
prohibition applies to all clearances. For the purposes of this prohibition:,
? an unlawful user of a controlled substance is a person who uses a controlled substance and who
has lost the power of self-control with reference to the use of the controlled substance, and any
person who is a current user of the controlled substance in a manner other than as prescribed by
a licensed physician.
? "use" includes any use recent enough to indicate that the individual is actively engaged in such
conduct and is an addict (lost the power of self-control or habitual user).
? An "addict" of a controlled substance is any individual who habitually uses any narcotic drug
so as to endanger the public moral, health, safety, or welfare; or
? is so far addicted to the use of narcotic drugs as to have lost the power of self-control with
reference to his or her addiction.
Reconsideration of clearance eligibility if employee was denied or revoked under the Smith
Amendment
Personnel whose eligibility was previously denied or revoked under the Smith Amendment may only
be reconsidered for eligibility if the original denial or revocation was based on a criminal conviction
with incarceration for not less one-year; discharge or dismissal from the Armed Forces under
dishonorable conditions; or a determination of mental incompetence. The individual's employer or
Government sponsor MUST nominate him/her for a position requiring a security clearance.
APPROVED FOR RELEASE[]
DATE: 10-25-2010