118 STAT. 2056 PUBLIC LAW 108–375—OCT. 28, 2004 Subtitle G—Personnel Security Matters SEC. 1061. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL SECURITY INVESTIGATIONS AND DETERMINATIONS. Section 30305(b) of title 49, United States Code, is amended— (1) by redesignating paragraphs (9) through (11) as para graphs (10) through (12), respectively; and (2) by inserting after paragraph (8) the following new para graph: ‘‘(9) An individual who has or is seeking access to national security information for purposes of Executive Order No. 12968, or any successor Executive order, or an individual who is being investigated for Federal employment under authority of Executive Order No. 10450, or any successor Executive order, may request the chief driver licensing official of a State to provide information about the individual pursuant to subsection (a) of this section to a Federal department or agency that is authorized to investigate the individual for the purpose of assisting in the determination of the eligibility of the individual for access to national security information or for Federal employment in a position requiring access to national security information. A Federal department or agency that receives information about an individual under the preceding sentence may use such information only for purposes of the author ized investigation and only in accordance with applicable law.’’. SEC. 1062. STANDARDS FOR DISQUALIFICATION FROM ELIGIBILITY FOR DEPARTMENT OF DEFENSE SECURITY CLEARANCE. (a) DISQUALIFIED PERSONS.—Subsection (c)(1) of section 986 of title 10, United States Code, is amended— (1) by striking ‘‘and’’ and inserting ‘‘, was’’; and (2) by inserting before the period at the end the following: ‘‘, and was incarcerated as a result of that sentence for not less than one year’’. (b) WAIVER AUTHORITY.—Subsection (d) of such section is amended to read as follows: ‘‘(d) WAIVER AUTHORITY.—In a meritorious case, an exception to the prohibition in subsection (a) may be authorized for a person described in paragraph (1) or (4) of subsection (c) 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.’’. Subtitle H—Transportation Related Matters SEC. 1071. USE OF MILITARY AIRCRAFT TO TRANSPORT MAIL TO AND FROM OVERSEAS LOCATIONS. (a) AUTHORITY FOR USE OF MILITARY AIRCRAFT.—Section 3401 of title 39, United States Code, is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1)(A), by striking ‘‘title 49,’’ and inserting ‘‘title 49, or on military aircraft at rates not to exceed those so fixed and determined for scheduled United States air carriers,’’; and
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