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(iii) Potential changes in lift require-
ments, including the deployment of the Fu-
ture Combat Systems by the Army.
(iv) New capability in strategic airlift
to be provided by the KC(X) aircraft and
the expected utilization of such capability,
including its use in intratheater lift.
(v) The utilization of the heavy lift
aircraft in intratheater combat missions.
(vi) The availability and application
of Civil Reserve Air Fleet assets in future
military scenarios.
(vii) Air mobility requirements associ-
ated with the Global Rebasing Initiative of
the Department of Defense.
(viii) Air mobility requirements in
support of peacekeeping and humanitarian
missions around the globe.
(ix) Potential changes in lift require-
ments based on equipment procured for Iraq
and Afghanistan.
(B) A description of the assumptions uti-
lized in the study regarding aircraft perform-
ances and loading factors.
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(C) A comprehensive statement of the data
and assumptions utilized in making program
life cycle cost estimates.
(D) A comparison of cost and risk associ-
ated with optimal mix airlift fleet versus pro-
gram of record airlift fleet.
(3) FORM.—The report shall be submitted in un-
classified form, but may include a classified annex.
SEC. 1050. REPORT AND MASTER INFRASTRUCTURE RE-
CAPITALIZATION PLAN REGARDING CHEY-
ENNE MOUNTAIN AIR STATION, COLORADO.
(a) REPORT ON RELOCATION OF NORTH AMERICAN
AEROSPACE DEFENSE COMMAND CENTER.—
(1) IN GENERAL.—Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report on the relo-
cation of the North American Aerospace Defense com-
mand center and related functions from Cheyenne
Mountain Air Station, Colorado, to Peterson Air
Force Base, Colorado.
(2) CONTENT.—The report required under para-
graph (1) shall include—
(A) an analysis comparing the total costs
associated with the relocation, including costs de-
termined as part of ongoing security-related
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studies of the relocation, to anticipated oper-
ational benefits from the relocation; and
(B) a detailed explanation of those backup
functions that will remain located at Cheyenne
Mountain Air Station, and how those functions
planned to be transferred out of Cheyenne Moun-
tain Air Station, including the Space Oper-
ations 
Center, 
will 
maintain 
operational
connectivity with their related commands and
relevant communications centers.
(b) MASTER
INFRASTRUCTURE
RECAPITALIZATION
PLAN.—
(1) IN
GENERAL.—Not later than March 16,
2008, the Secretary of the Air Force shall submit to
Congress a master infrastructure recapitalization
plan for Cheyenne Mountain Air Station.
(2) CONTENT.—The plan required under para-
graph (1) shall include—
(A) A description of the projects that are
needed to improve the infrastructure required for
supporting missions associated with Cheyenne
Mountain Air Station; and
(B) a funding plan explaining the expected
timetable for the Air Force to support such
projects.
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Subtitle E—Other Matters
SEC. 1061. REVISED NUCLEAR POSTURE REVIEW.
(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—
In order to clarify United States nuclear deterrence policy
and strategy for the near term, the Secretary of Defense
shall conduct a comprehensive review of the nuclear posture
of the United States for the next 5 to 10 years. The Sec-
retary shall conduct the review in consultation with the Sec-
retary of Energy and the Secretary of State.
(b) ELEMENTS OF REVIEW.—The nuclear posture re-
view shall include the following elements:
(1) The role of nuclear forces in United States
military strategy, planning, and programming.
(2) The policy requirements and objectives for
the United States to maintain a safe, reliable, and
credible nuclear deterrence posture.
(3) The relationship among United States nu-
clear deterrence policy, targeting strategy, and arms
control objectives.
(4) The role that missile defense capabilities and
conventional strike forces play in determining the role
and size of nuclear forces.
(5) The levels and composition of the nuclear de-
livery systems that will be required for implementing
the United States national and military strategy, in-
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cluding any plans for replacing or modifying existing
systems.
(6) The nuclear weapons complex that will be re-
quired for implementing the United States national
and military strategy, including any plans to mod-
ernize or modify the complex.
(7) The active and inactive nuclear weapons
stockpile that will be required for implementing the
United States national and military strategy, includ-
ing any plans for replacing or modifying warheads.
(c) REPORT TO CONGRESS.—The Secretary of Defense
shall submit to Congress, in unclassified and classified
forms as necessary, a report on the results of the nuclear
posture review conducted under this section. The report
shall be submitted concurrently with the quadrennial de-
fense review required to be submitted under section 118 of
title 10, United States Code, in 2009.
(d) SENSE OF CONGRESS.—It is the sense of Congress
that the nuclear posture review conducted under this section
should be used as a basis for establishing future United
States arms control objectives and negotiating positions.
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SEC. 1062. TERMINATION OF COMMISSION ON THE IMPLE-
MENTATION OF THE NEW STRATEGIC POS-
TURE OF THE UNITED STATES.
Section 1051 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat.
3431) is repealed.
SEC. 1063. COMMUNICATIONS WITH THE COMMITTEES ON
ARMED SERVICES OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES.
(a) REQUESTS OF COMMITTEES.—The Director of the
National Counterterrorism Center, the Director of a na-
tional intelligence center, or the head of any department,
agency, or element of the intelligence community shall, not
later than 15 days after receiving a request from the Com-
mittee on Armed Services of the Senate or the Committee
on Armed Services of the House of Representatives for any
intelligence assessment, report, estimate, legal opinion, or
other intelligence information relating to matters within the
jurisdiction of such Committee, make available to such com-
mittee such assessment, report, estimate, legal opinion, or
other information, as the case may be.
(b) ASSERTION OF PRIVILEGE.—In response to a re-
quest covered by subsection (a), the Director of the National
Counterterrorism Center, the Director of a national intel-
ligence center, or the head of any department, agency, or
element of the intelligence community shall provide the doc-
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ument or information covered by such request unless the
President certifies that such document or information is not
being provided because the President is asserting a privilege
pursuant to the Constitution of the United States.
(c) INDEPENDENT TESTIMONY OF INTELLIGENCE OF-
FICIALS.—No officer, department, agency, or element with-
in the Executive branch shall have any authority to require
the head of any department, agency, or element of the intel-
ligence community, or any designate of such a head—
(1) to receive permission to testify before the
Committee on Armed Services of the Senate or the
Committee on Armed Services of the House of Rep-
resentatives; or
(2) to submit testimony, legislative recommenda-
tions, or comments to any officer or agency of the Ex-
ecutive branch for approval, comments, or review
prior to the submission of such recommendations, tes-
timony, or comments to the Committee on Armed
Services of the Senate or the Committee on Armed
Services of the House of Representatives if such testi-
mony, legislative recommendations, or comments in-
clude a statement indicating that the views expressed
therein are those of the head of the department, agen-
cy, or element of the intelligence community that is
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making the submission and do not necessarily rep-
resent the views of the Administration.
SEC. 1064. SECURITY CLEARANCES; LIMITATIONS.
(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:
‘‘SEC. 3002. SECURITY CLEARANCES; LIMITATIONS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CONTROLLED SUBSTANCE.—The term ‘con-
trolled substance’ has the meaning given that term in
section 102 of the Controlled Substances Act (21
U.S.C. 802).
‘‘(2) COVERED PERSON.—The term ‘covered per-
son’ means—
‘‘(A) an officer or employee of a Federal
agency;
‘‘(B) a member of the Army, Navy, Air
Force, or Marine Corps who is on active duty or
is in an active status; and
‘‘(C) an officer or employee of a contractor
of a Federal agency.
‘‘(3) 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).
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‘‘(4) SPECIAL ACCESS PROGRAM.—The term ‘spe-
cial access program’ has the meaning given that term
in section 4.1 of Executive Order 12958 (60 Fed. Reg.
19825).
‘‘(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—
‘‘(1) an unlawful user of, or is addicted to, a
controlled substance; or
‘‘(2) mentally incompetent, as determined by an
adjudicating authority, based on an evaluation by a
duly qualified mental health professional employed
by, or acceptable to and approved by, the United
States government and in accordance with the adju-
dicative guidelines required by subsection (d).
‘‘(c) DISQUALIFICATION.—
‘‘(1) IN GENERAL.—After January 1, 2008, ab-
sent 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—
‘‘(A) convicted in any court of the United
States of a crime, was sentenced to imprison-
ment for a term exceeding 1 year, and was in-
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carcerated as a result of that sentence for not less
than 1 year; or
‘‘(B) discharged or dismissed from the
Armed Forces under dishonorable conditions.
‘‘(2) WAIVER
AUTHORITY.—In a meritorious
case, an exception to the disqualification in this sub-
section may be authorized if there are mitigating fac-
tors. Any such waiver may be authorized only in ac-
cordance with standards and procedures prescribed
by, or under the authority of, an Executive Order or
other guidance issued by the President.
‘‘(3) COVERED
SECURITY
CLEARANCES.—This
subsection applies to security clearances that provide
for access to—
‘‘(A) special access programs;
‘‘(B) Restricted Data; or
‘‘(C) any other information commonly re-
ferred to as ‘sensitive compartmented informa-
tion’.
‘‘(4) ANNUAL REPORT.—
‘‘(A) REQUIREMENT
FOR
REPORT.—Not
later than February 1 of each year, the head of
a Federal agency shall submit a report to the ap-
propriate committees of Congress if such agency
employs or employed a person for whom a waiv-
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er was granted in accordance with paragraph
(2) during the preceding year. Such annual re-
port shall not reveal the identity of such person,
but shall include for each waiver issued the dis-
qualifying factor under paragraph (1) and the
reasons for the waiver of the disqualifying factor.
‘‘(B) DEFINITIONS.—In this paragraph:
‘‘(i) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term ‘appropriate com-
mittees of Congress’ means, with respect to
a report submitted under subparagraph (A)
by the head of a Federal agency—
‘‘(I) the congressional intelligence
committees;
‘‘(II) the Committee on Homeland
Security and Governmental Affairs of
the Senate;
‘‘(III) the Committee on Oversight
and Government Reform of the House
of Representatives; and
‘‘(IV) each Committee of the Sen-
ate or the House of Representatives
with oversight authority over such Fed-
eral agency.
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‘‘(ii) CONGRESSIONAL
INTELLIGENCE
COMMITTEES.—The term ‘congressional in-
telligence committees’ has the meaning
given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a).
‘‘(d) ADJUDICATIVE GUIDELINES.—
‘‘(1) REQUIREMENT TO ESTABLISH.—The Presi-
dent shall establish adjudicative guidelines for deter-
mining eligibility for access to classified information.
‘‘(2) REQUIREMENTS
RELATED
TO
MENTAL
HEALTH.—The guidelines required by paragraph (1)
shall—
‘‘(A) include procedures and standards
under which a covered person is determined to be
mentally incompetent and provide a means to
appeal such a determination; and
‘‘(B) require that no negative inference con-
cerning the standards in the guidelines may be
raised solely on the basis of seeking mental
health counseling.’’.
(b) CONFORMING AMENDMENTS.—
(1) REPEAL.—Section 986 of title 10, United
States Code, is repealed.
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 49 of such title is
amended by striking the item relating to section 986.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on January 1,
2008.
SEC. 1065. IMPROVEMENTS IN THE PROCESS FOR THE
ISSUANCE OF SECURITY CLEARANCES.
(a) DEMONSTRATION PROJECT.—Not later than 6
months after the date of the enactment of this Act, the Sec-
retary of Defense and the Director of National Intelligence
shall implement a demonstration project that applies new
and innovative approaches to improve the processing of re-
quests for security clearances.
(b) EVALUATION.—Not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense and
the Director of National Intelligence shall carry out an eval-
uation of the process for issuing security clearances and de-
velop a specific plan and schedule for replacing such process
with an improved process.
(c) REPORT.—Not later than 30 days after the date
of the completion of the evaluation required by subsection
(b), the Secretary of Defense and the Director of National
Intelligence shall submit to Congress a report on—
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(1) the results of the demonstration project car-
ried out pursuant to subsection (a);
(2) the results of the evaluation carried out
under subsection (b); and
(3) the specific plan and schedule for replacing
the existing process for issuing security clearances
with an improved process.
SEC. 1066. ADVISORY PANEL ON DEPARTMENT OF DEFENSE
CAPABILITIES FOR SUPPORT OF CIVIL AU-
THORITIES AFTER CERTAIN INCIDENTS.
(a) IN GENERAL.—The Secretary of Defense shall es-
tablish an advisory panel to carry out an assessment of the
capabilities of the Department of Defense to provide support
to United States civil authorities in the event of a chemical,
biological, radiological, nuclear, or high-yield explosive
(CBRNE) incident.
(b) PANEL MATTERS.—
(1) IN GENERAL.—The advisory panel required
by subsection (a) shall consist of individuals ap-
pointed by the Secretary of Defense (in consultation
with the Chairmen and Ranking Members of the
Committees on Armed Services of the Senate and the
House of Representatives) from among private citi-
zens of the United States with expertise in the legal,
operational, and organizational aspects of the man-
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agement of the consequences of a chemical, biological,
radiological, nuclear, or high-yield explosive incident.
(2) DEADLINE FOR APPOINTMENT.—All members
of the advisory panel shall be appointed under this
subsection not later than 30 days after the date on
which the Secretary enters into the contract required
by subsection (c).
(3) INITIAL MEETING.—The advisory panel shall
conduct its first meeting not later than 30 days after
the date that all appointments to the panel have been
made under this subsection.
(4) PROCEDURES.—The advisory panel shall
carry out its duties under this section under proce-
dures established under subsection (c) by the federally
funded research and development center with which
the Secretary contracts under that subsection. Such
procedures shall include procedures for the selection of
a chairman of the advisory panel from among its
members.
(c) SUPPORT OF FEDERALLY FUNDED RESEARCH AND
DEVELOPMENT CENTER.—
(1) IN GENERAL.—The Secretary of Defense shall
enter into a contract with a federally funded research
and development center for the provision of support
and assistance to the advisory panel required by sub-
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section (a) in carrying out its duties under this sec-
tion. Such support and assistance shall include the es-
tablishment of the procedures of the advisory panel
under subsection (b)(4).
(2) DEADLINE FOR CONTRACT.—The Secretary
shall enter into the contract required by this sub-
section not later than 60 days after the date of the en-
actment of this Act.
(d) DUTIES OF PANEL.—The advisory panel required
by subsection (a) shall—
(1) evaluate the authorities and capabilities of
the Department of Defense to conduct operations in
support to United States civil authorities in the event
of a chemical, biological, radiological, nuclear, or
high-yield explosive incident, including the authori-
ties and capabilities of the military departments, the
Defense Agencies, the combatant commands, any sup-
porting commands, and the reserve components of the
Armed Forces (including the National Guard in a
Federal and non-Federal status);
(2) assess the adequacy of existing plans and
programs of the Department of Defense for training
and equipping dedicated, special, and general pur-
poses forces for conducting operations described in
paragraph (1) across a broad spectrum of scenarios,
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including current National Planning Scenarios as
applicable;
(3) assess policies, directives, and plans of the
Department of Defense in support of civilian authori-
ties in managing the consequences of a chemical, bio-
logical, radiological, nuclear, or high-yield explosive
incident.
(4) assess the adequacy of policies and structures
of the Department of Defense for coordination with
other department and agencies of the Federal Govern-
ment, especially the Department of Homeland Secu-
rity, the Department of Energy, the Department of
Justice, and the Department of Health and Human
Services, in the provision of support described in
paragraph (1);
(5) assess the adequacy and currency of informa-
tion available to the Department of Defense, whether
directly or through other departments and agencies of
the Federal Government, from State and local govern-
ments in circumstances where the Department pro-
vides support described in paragraph (1) because
State and local response capabilities are not fully
adequate for a comprehensive response;
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(6) assess the equipment capabilities and needs
of the Department of Defense to provide support de-
scribed in paragraph (1); and
(7) develop recommendations for modifying the
capabilities, plans, policies, equipment, and struc-
tures evaluated or assessed under this subsection in
order to improve the provision by the Department of
Defense of the support described in paragraph (1).
(e) COOPERATION OF OTHER AGENCIES.—
(1) IN GENERAL.—The advisory panel required
by subsection (a) may secure directly from the De-
partment of Defense, the Department of Homeland
Security, the Department of Energy, the Department
of Justice, the Department of Health and Human
Services, and any other department or agency of the
Federal Government information that the panel con-
siders necessary for the panel to carry out its duties.
(2) COOPERATION.—The Secretary of Defense,
the Secretary of Homeland Secretary, the Secretary of
Energy, the Attorney General, the Secretary of Health
and Human Services, and any other official of the
United States shall provide the advisory panel with
full and timely cooperation in carrying out its duties
under this section.
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(f) REPORT.—Not later than 12 months after the date
of the initial meeting of the advisory panel required by sub-
section (a), the advisory panel shall submit to the Secretary
of Defense, and to the Committees on Armed Services of the
Senate and the House of Representatives, a report on activi-
ties under this section. The report shall set forth—
(1) the findings, conclusions, and recommenda-
tions of the advisory panel for improving the capa-
bilities of the Department of Defense to provide sup-
port to United States civil authorities in the event of
a chemical, biological, radiological, nuclear, or high-
yield explosive incident; and
(2) such other findings, conclusions, and rec-
ommendations for improving the capabilities of the
Department for homeland defense as the advisory
panel considers appropriate.
SEC. 1067. SENSE OF CONGRESS ON THE WESTERN HEMI-
SPHERE INSTITUTE FOR SECURITY COOPERA-
TION.
It is the sense of Congress that—
(1) the education and training facility of the De-
partment of Defense known as the Western Hemi-
sphere Institute for Security Cooperation has the mis-
sion of providing professional education and training
to eligible military personnel, law enforcement offi-
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cials, and civilians of nations of the Western Hemi-
sphere that support the democratic principles set forth
in the Charter of the Organization of American
States, while fostering mutual knowledge, trans-
parency, confidence, and cooperation among the par-
ticipating nations and promoting democratic values
and respect for human rights; and
(2) therefore, the Institute is an invaluable edu-
cation and training facility which continues to foster
a spirit of partnership and interoperability among
the United States military and the militaries of par-
ticipating nations.
SEC. 1068. TECHNICAL AMENDMENTS TO TITLE 10, UNITED
STATES CODE, ARISING FROM ENACTMENT
OF THE INTELLIGENCE REFORM AND TER-
RORISM PREVENTION ACT OF 2004.
(a) REFERENCES TO HEAD OF INTELLIGENCE COMMU-
NITY.—
(1) REFERENCES.—Title 10, United States Code,
is amended by striking ‘‘Director of Central Intel-
ligence’’ each place it appears in the following provi-
sions and inserting ‘‘Director of National Intel-
ligence’’:
(A) Section 192(c)(2).
(B) Section 193.
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(C) Section 201(a).
(D) Section 201(c)(1).
(E) Section 425(a).
(F) Section 426.
(G) Section 441.
(H) Section 443(d).
(I) Section 2273(b)(1).
(J) Section 2723(a).
(2) CAPTION
AMENDMENTS.—Title 10, United
States Code, is further amended by striking ‘‘DIREC-
TOR OF CENTRAL INTELLIGENCE’’ each place it ap-
pears in the heading of the following provisions and
inserting ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’:
(A) Section 441(c).
(B) Section 443(d).
(b) REFERENCES
TO HEAD
OF CENTRAL INTEL-
LIGENCE AGENCY.—Title 10, United States Code, is further
amended by striking ‘‘Director of Central Intelligence’’ each
place it appears in the following provisions and inserting
‘‘Director of the Central Intelligence Agency’’:
(1) Section 431(b)(1).
(2) Section 444.
(3) Section 1089(g)(1).
(c) OTHER AMENDMENTS.—Section 201 of title 10,
United States Code, is further amended—
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(1) in paragraph (1) of subsection (b), by strik-
ing ‘‘Before submitting’’ and all that follows and in-
serting ‘‘In the event of a vacancy in a position re-
ferred to in paragraph (2), the making by the Sec-
retary of Defense of a recommendation to the Presi-
dent regarding the appointment of an individual to
such position shall be governed by the provisions of
section 106(b) of the National Security Act of 1947
(50 U.S.C. 403–6(b)), relating to the concurrence of
the Director of National Intelligence in appointments
to positions in the intelligence community.’’; and
(2) in subsection (c), by striking ‘‘National For-
eign Intelligence Program’’ and inserting ‘‘National
Intelligence Program’’.
SEC. 1069. ESTABLISHMENT OF NATIONAL FOREIGN LAN-
GUAGE COORDINATION COUNCIL.
(a) ESTABLISHMENT.—There is established in the Ex-
ecutive Office of the President a National Foreign Language
Coordination Council (in this section referred to as the
‘‘Council’’).
(b) MEMBERSHIP.—The Council shall consist of the
following members or their designees:
(1) The National Language Director, who shall
serve as the chairperson of the Council.
(2) The Secretary of Education.