H. R. 4986—326 
SEC. 1071. TERMINATION OF COMMISSION ON THE IMPLEMENTATION 
OF THE NEW STRATEGIC POSTURE 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Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3431) is repealed.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. 1072. SECURITY CLEARANCES; LIMITATIONS. 
(a) IN GENERAL.—Title III of the Intelligence Reform and Ter-
rorism 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 ‘controlled sub-
stance’ 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 person’ 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). 
‘‘(4) SPECIAL ACCESS PROGRAM.—The term ‘special access 
program’ has the meaning given that term in section 4.1 of 
Executive Order No. 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 an unlawful user of a controlled substance or an 
addict (as defined in section 102(1) of the Controlled Substances 
Act (21 U.S.C. 802)). 
‘‘(c) DISQUALIFICATION.— 
‘‘(1) IN GENERAL.—After January 1, 2008, absent 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— 
‘‘(A) has been convicted in any court of the United 
States of a crime, was sentenced to imprisonment for a 
term exceeding 1 year, and was incarcerated as a result 
of that sentence for not less than 1 year; 
‘‘(B) has been discharged or dismissed from the Armed 
Forces under dishonorable conditions; or 
‘‘(C) is mentally incompetent, as determined by an 
adjudicating authority, based on an evaluation by a duly 
qualified mental health professional employed by, or accept-
able to and approved by, the United States Government 
and in accordance with the adjudicative guidelines required 
by subsection (d). 
‘‘(2) WAIVER AUTHORITY.—In a meritorious case, an excep-
tion to the disqualification in this subsection may be authorized 
if there are mitigating factors. Any such waiver may be author-
ized only in accordance with—
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‘‘(A) standards and procedures prescribed by, or under 
the authority of, an Executive order or other guidance 
issued by the President; or 
‘‘(B) the adjudicative guidelines required by subsection 
(d). 
‘‘(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 referred to as 
‘sensitive compartmented information’. 
‘‘(4) ANNUAL REPORT.— 
‘‘(A) REQUIREMENT FOR REPORT.—Not later than Feb-
ruary 1 of each year, the head of a Federal agency shall 
submit a report to the appropriate committees of Congress 
if such agency employs or employed a person for whom 
a waiver was granted in accordance with paragraph (2) 
during the preceding year. Such annual report shall not 
reveal the identity of such person, but shall include for 
each waiver issued the disqualifying factor under para-
graph (1) and the reasons for the waiver of the disqualifying 
factor. 
‘‘(B) DEFINITIONS.—In this paragraph: 
‘‘(i) APPROPRIATE COMMITTEES OF CONGRESS.—The 
term ‘appropriate committees of Congress’ means, with 
respect to a report submitted under subparagraph (A) 
by the head of a Federal agency— 
‘‘(I) the congressional defense committees; 
‘‘(II) the congressional intelligence committees; 
‘‘(III) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
‘‘(IV) the Committee on Oversight and Govern-
ment Reform of the House of Representatives; and 
‘‘(V) each Committee of the Senate or the 
House of Representatives with oversight authority 
over such Federal agency. 
‘‘(ii) CONGRESSIONAL DEFENSE COMMITTEES.—The 
term ‘congressional defense committees’ has the 
meaning given that term in section 101(a)(16) of title 
10, United States Code. 
‘‘(iii) 
CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘congressional intelligence commit-
tees’ 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 President shall 
establish adjudicative guidelines for determining 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 concerning the 
standards in the guidelines may be raised solely on the 
basis of seeking mental health counseling.’’. 
(b) CONFORMING AMENDMENTS.—
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(1) REPEAL.—Section 986 of title 10, United States Code, 
is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections 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 sub-
section shall take effect on January 1, 2008. 
SEC. 1073. 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 Secretary of Defense 
and the Director of National Intelligence shall implement a dem-
onstration project that applies new and innovative approaches to 
improve the processing of requests 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 evaluation of the process 
for issuing security clearances and develop 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 Sec-
retary of Defense and the Director of National Intelligence shall 
submit to Congress a report on— 
(1) the results of the demonstration project carried out 
pursuant to subsection (a); 
(2) the results of the evaluation carried out under sub-
section (b); and 
(3) the recommended specific plan and schedule for 
replacing the existing process for issuing security clearances 
with an improved process. 
SEC. 1074. PROTECTION OF CERTAIN INDIVIDUALS. 
(a) PROTECTION FOR DEPARTMENT LEADERSHIP.—The Secretary 
of Defense, under regulations prescribed by the Secretary and in 
accordance with guidelines approved by the Secretary and the 
Attorney General, may authorize qualified members of the Armed 
Forces and qualified civilian employees of the Department of 
Defense to provide physical protection and personal security within 
the United States to the following persons who, by nature of their 
positions, require continuous security and protection: 
(1) Secretary of Defense. 
(2) Deputy Secretary of Defense. 
(3) Chairman of the Joint Chiefs of Staff. 
(4) Vice Chairman of the Joint Chiefs of Staff. 
(5) Secretaries of the military departments. 
(6) Chiefs of the Services. 
(7) Commanders of combatant commands. 
(b) PROTECTION FOR ADDITIONAL PERSONNEL.— 
(1) AUTHORITY
TO
PROVIDE.—The Secretary of Defense, 
under regulations prescribed by the Secretary and in accordance 
with guidelines approved by the Secretary and the Attorney 
General, may authorize qualified members of the Armed Forces 
and qualified civilian employees of the Department of Defense 
to provide physical protection and personal security within 
the United States to individuals other than individuals 
described in paragraphs (1) through (7) of subsection (a) if
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the Secretary determines that such protection and security 
are necessary because— 
(A) there is an imminent and credible threat to the 
safety of the individual for whom protection is to be pro-
vided; or 
(B) compelling operational considerations make such 
protection essential to the conduct of official Department 
of Defense business. 
(2) PERSONNEL.—Individuals authorized to receive physical 
protection and personal security under this subsection include 
the following: 
(A) Any official, military member, or employee of the 
Department of Defense. 
(B) A former or retired official who faces serious and 
credible threats arising from duties performed while 
employed by the Department for a period of up to two 
years beginning on the date on which the official separates 
from the Department. 
(C) A head of a foreign state, an official representative 
of a foreign government, or any other distinguished foreign 
visitor to the United States who is primarily conducting 
official business with the Department of Defense. 
(D) Any member of the immediate family of a person 
authorized to receive physical protection and personal secu-
rity under this section. 
(E) An individual who has been designated by the 
President, and who has received the advice and consent 
of the Senate, to serve as Secretary of Defense, but who 
has not yet been appointed as Secretary of Defense. 
(3) LIMITATION ON DELEGATION.—The authority of the Sec-
retary of Defense to authorize the provision of physical protec-
tion and personal security under this subsection may be dele-
gated only to the Deputy Secretary of Defense. 
(4) REQUIREMENT FOR WRITTEN DETERMINATION.—A deter-
mination of the Secretary of Defense to provide physical protec-
tion and personal security under this subsection shall be in 
writing, shall be based on a threat assessment by an appro-
priate law enforcement, security, or intelligence organization, 
and shall include the name and title of the officer, employee, 
or other individual affected, the reason for such determination, 
the duration of the authorized protection and security for such 
officer, employee, or individual, and the nature of the arrange-
ments for the protection and security. 
(5) DURATION OF PROTECTION.— 
(A) INITIAL PERIOD OF PROTECTION.—After making a 
written determination under paragraph (4), the Secretary 
of Defense may provide protection and security to an indi-
vidual under this subsection for an initial period of not 
more than 90 calendar days. 
(B) SUBSEQUENT PERIOD.—If, at the end of the period 
that protection and security is provided to an individual 
under subsection (A), the Secretary determines that a 
condition described in subparagraph (A) or (B) of paragraph 
(1) continues to exist with respect to the individual, the 
Secretary may extend the period that such protection and 
security is provided for additional 60-day periods. The Sec-
retary shall review such a determination at the end of