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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-