12 2 STA T .3 2 9PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 ‘ ‘ (A)stand a r ds and p r oce d u res prescr ib edb y, or under t h e authority o f ,an Ex ecuti v e order or other g uidance issued by the P resident
or ‘‘( B )thead j udicative guide l ines re q uired by subsection (d) . ‘‘( 3 ) COVER E DS E CU R ITY C L E A RA N CES. —T his subsection applies to security clearances that provide for access to— ‘‘(A) special access progra m s; ‘‘(B) R estricted D ata; or ‘‘(C) any other information commonly referred to as ‘sensitive compartmented information ’ . ‘‘( 4 ) ANNUAL RE P ORT.— ‘‘(A) RE Q UIRE M ENT F OR REPORT.— N ot later than F eb - 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 w hom a waiver was granted in accordance with paragraph ( 2 ) during the preceding year. S uch 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.— I n this paragraph
‘‘(i) APPROPRIATE COMMITTEES OF CON G RESS.—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 H omeland Security and G overnmental Affairs of the Senate; ‘‘(I V ) the Committee on O versight 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 1 0 1(a)(1 6 ) of title 10, U nited 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 1 9 4 7 ( 5 0 U.S.C. 401a). ‘‘(d) AD J UDICATIVE GUIDELINES.— ‘‘(1) REQUIREMENT TO ESTA B LIS H .—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 see k ing mental health counseling.’’. (b) CONFORMING AMENDMENTS.— Presid e nt.Ap p l i cab ilit y .
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