Sec. 1042. Senior leaders of the Department of Defense and other specified persons: authority to provide protection
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Section 714 of title 10, United States Code, is amended— by redesignating subsections
(c)through
(e)as subsections
(h)through (j), respectively; by redesignating subsection
(b)as subsection (c); by inserting after subsection
(a)the following new subsection: 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 to a former or retired official who— previously served in a position identified in paragraphs
(1)through (7); and faces serious and credible threats arising from duties performed while employed by the Department of Defense. ; in subsection (c), as redesignated by paragraph (2)— in paragraph (1), by striking paragraphs
(1)through
(7)of subsection
(a)and inserting subsection
(a)or
(b); and by striking paragraphs
(4)through
(6)and redesignating paragraph
(7)as paragraph (4); and by inserting after subsection (c), as redesignated by paragraph (2), the following new subsections: A determination of the Secretary of Defense whether to provide physical protection and personal security under subsection
(b)or (c), or reimbursement under subsection (h), shall be in writing, shall be based on a threat assessment by an appropriate 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 any authorized protection and security for such officer, employee, or individual, and the nature of any arrangements for such protection and security. The Secretary of Defense shall require periodic reviews, not less than once every six months, of the duration of protection provided to individuals under subsection
(b)or (c). Except as provided in paragraph (4), the Secretary of Defense shall submit to the congressional defense committee determinations made pursuant to this section as follows: An initial determination made under subsection (d), not later than 15 days after the date on which the determination is made, including the justification for such determination and a current threat assessment by an appropriate law enforcement, security, or intelligence organization. A determination to deny the renewal of physical protection and security under subsection
(b)or (c), or reimbursement under subsection (j), not later than 15 days after the date on which the determination is made, including— the justification for such determination; a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and a certification that threats to the individual arising from duties performed while employed by the Department of Defense can be sufficiently mitigated without physical protection and security or reimbursement. A determination to terminate physical protection and security under subsection
(b)or (c), or reimbursement under subsection (j), during a previously authorized period of protection, not later than 48 hours after the date on which the determination is made, including— the justification for such determination; a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and a certification that threats to the individual arising from duties performed while employed by the Department of Defense can be sufficiently mitigated without protection and security or reimbursement. A determination to deny a request for reimbursement of an individual described in subsection (b), not later than 15 days after the date on which the determination is made, including— the justification for such determination; a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and a certification that threats to the individual arising from duties performed while employed by the Department of Defense can be sufficiently mitigated without reimbursement. A report submitted under paragraph
(1)may be made in classified form. The Secretary of Defense shall submit to the congressional defense committees the regulations and guidelines prescribed pursuant to subsections
(b)and (c)(1), and a description of any changes to such guidelines, not less than 20 days before the date on which such regulations take effect. Paragraph
(1)does not apply to determinations made with respect to the following individuals: An individual described in subsection (c)(2)(C) who is otherwise sponsored by the Secretary of Defense, the Deputy Secretary of Defense, the Chairman of the Joint Chiefs of Staff, or the Vice Chairman of the Joint Chiefs of Staff. An individual described in subsection (c)(2)(E). The Secretary of Defense shall provide written notification to any individual receiving physical protection and personal security under subsection
(a)or (b), or reimbursement under subsection (j), at least 90 days prior to terminating or denying the renewal of protection and security protection or reimbursement, as the case may be, for such individual. .