could expose confidential Government agents); and the 
statutes which protect against disclosures that could com-
promise national security, including sections 641, 793, 
794, 798, and 952 of title 18, United States Code, and 
section 4(b) of the Subversive Activities Control Act of 
1950 (50 U.S.C. 783(b)). The definitions, requirements, 
obligations, rights, sanctions, and liabilities created by 
such Executive order and such statutory provisions are in-
corporated into this agreement and are controlling.’; or 
‘‘(14) conduct, or cause to be conducted, an in-
vestigation, other than any ministerial or nondis-
cretionary factfinding activities necessary for the 
agency to perform its mission, of an employee or ap-
plicant for employment because of any activity pro-
tected under this section.’’. 
SEC. 6. EXCLUSION OF AGENCIES BY THE PRESIDENT. 
Section 2302(a)(2)(C) of title 5, United States Code, 
is amended by striking clause (ii) and inserting the fol-
lowing: 
‘‘(ii)(I) the Federal Bureau of Investiga-
tion, the Central Intelligence Agency, the De-
fense 
Intelligence 
Agency, 
the 
National 
Geospatial-Intelligence Agency, the National Se-
curity Agency; and
‘‘(II) as determined by the President, any 
executive agency or unit thereof the principal 
function of which is the conduct of foreign in-
telligence or counterintelligence activities, if the 
determination (as that determination relates to 
a personnel action) is made before that per-
sonnel action; or’’. 
SEC. 7. DISCIPLINARY ACTION. 
Section 1215(a)(3) of title 5, United States Code, is 
amended to read as follows: 
‘‘(3)(A) A final order of the Board may impose—
‘‘(i) disciplinary action consisting of removal, 
reduction in grade, debarment from Federal employ-
ment for a period not to exceed 5 years, suspension, 
or reprimand; 
‘‘(ii) an assessment of a civil penalty not to ex-
ceed $1,000; or 
‘‘(iii) any combination of disciplinary actions 
described under clause (i) and an assessment de-
scribed under clause (ii). 
‘‘(B) In any case in which the Board finds that an 
employee has committed a prohibited personnel practice 
under paragraph (8) or (9) of section 2302(b), the Board 
shall impose disciplinary action if the Board finds that the 
activity protected under such paragraph (8) or (9) (as the
case may be) was the primary motivating factor, unless 
that employee demonstrates, by a preponderance of the 
evidence, that the employee would have taken, failed to 
take, or threatened to take or fail to take the same per-
sonnel action, in the absence of such protected activity.’’. 
SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON 
REVOCATION OF SECURITY CLEARANCES. 
(a) REQUIREMENT.—The Comptroller General shall 
conduct a study of security clearance revocations, taking 
effect after 1996, with respect to personnel that filed 
claims under chapter 12 of title 5, United States Code, 
in connection therewith. The study shall consist of an ex-
amination of the number of such clearances revoked, the 
number restored, and the relationship, if any, between the 
resolution of claims filed under such chapter and the res-
toration of such clearances. 
(b) REPORT.—Not later than June 30, 2006, the 
Comptroller General shall submit to the Committee on 
Government Reform of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the results of the study 
required by subsection (a).
SEC. 9. EFFECTIVE DATE. 
This Act shall take effect 30 days after the date of 
enactment of this Act.
Æ