Page:United States Statutes at Large Volume 122.djvu/354

 12 2 STA T .3 31 PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 theS e cr et a r yd eter min e s that s u ch p r o tection and security are necessary b ecause —(A) there is an imminent and credib l e threat to the sa f ety of the indi v idual for w hom protection is to be pro - vided or ( B ) compellin g operational considerations ma k e such protection essential to the conduct of official D epartment of Defense business . ( 2 ) PERSON NE L .— I ndividuals authori z ed 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 U nited 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 ) LIM I TA TION ON D ELE G ATION.— T he 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 ) R E QU IREMENT F OR W RITTEN 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 P ROTE C TION.— (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) SU B SEQUENT 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 e x ist with respect to the individual, the Secretary may extend the period that such protection and security is provided for additional 6 0-day periods. The Sec- retary shall review such a determination at the end of

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