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(c) CLERICAL AMENDMENTS.—(1) The item relating
to chapter 204 in the table of chapters for part II of such
title is amended to read as follows:
‘‘204. Rewards for information concerning terrorist acts
and espionage ......................................................... 3071’’.
(2) The heading for chapter 204 of such title is
amended to read as follows:
‘‘CHAPTER 204—REWARDS FOR INFORMA-
TION CONCERNING TERRORIST ACTS
AND ESPIONAGE’’.
SEC. 803. ESPIONAGE NOT COMMITTED IN ANY DISTRICT.
(a) IN GENERAL.—Chapter 211 of title 18, United
States Code, is amended by inserting after section 3238
the following new section:
‘‘§ 3239. Espionage and related offenses not commit-
ted in any district
‘‘The trial for any offense involving a violation of—
‘‘(1) section 793, 794, 798, 952, or 1030(a)(1)
of this title;
‘‘(2) section 601 of the National Security Act of
1947; or
‘‘(3) subsection (b) or (c) of section 4 of the
Subversive Activities Control Act of 1950,
begun or committed upon the high seas or elsewhere out
of the jurisdiction of any particular State or district, may
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be in the District of Columbia or in any other district au-
thorized by law.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 211 of such title is amended by inserting after
the item relating to section 3238 the following:
‘‘3239. Espionage and related offenses not committed in any district.’’.
SEC. 804. CRIMINAL FORFEITURE FOR VIOLATION OF CER-
TAIN ESPIONAGE LAWS.
(a) IN GENERAL.—Section 798 of title 18, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(d)(1) Any person convicted of a violation of this
section shall forfeit to the United States irrespective of
any provision of State law—
‘‘(A) any property constituting, or derived from,
any proceeds the person obtained, directly or indi-
rectly, as the result of such violation; and
‘‘(B) any of the person’s property used, or in-
tended to be used, in any manner or part, to com-
mit, or to facilitate the commission of, such viola-
tion.
‘‘(2) The court, in imposing sentence on a defendant
for a conviction of a violation of this section, shall order
that the defendant forfeit to the United States all property
described in paragraph (1).
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‘‘(3) Except as provided in paragraph (4), the provi-
sions of subsections (b), (c), and (e) through (p) of section
413 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)),
shall apply to—
‘‘(A) property subject to forfeiture under this
subsection;
‘‘(B) any seizure or disposition of such prop-
erty; and
‘‘(C) any administrative or judicial proceeding
in relation to such property,
if not inconsistent with this subsection.
‘‘(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund in the Treas-
ury all amounts from the forfeiture of property under this
subsection remaining after the payment of expenses for
forfeiture and sale authorized by law.
‘‘(5) As used in this subsection, the term ‘State’
means any State of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Trust Ter-
ritory of the Pacific Islands, and any territory or posses-
sion of the United States.’’.
(b) AMENDMENTS FOR CONSISTENCY IN APPLICA-
TION OF FORFEITURE UNDER TITLE 18.—(1) Section
793(h)(3) of such title is amended in the matter preceding
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subparagraph (A) by striking out ‘‘(o)’’ each place it ap-
pears and inserting in lieu thereof ‘‘(p)’’.
(2) Section 794(d)(3) of such title is amended in the
matter preceding subparagraph (A) by striking out ‘‘(o)’’
each place it appears and inserting in lieu thereof ‘‘(p)’’.
(c) SUBVERSIVE ACTIVITIES CONTROL ACT.—Sec-
tion 4 of the Subversive Activities Control Act of 1950
(50 U.S.C. 783) is amended by adding at the end the fol-
lowing new subsection:
‘‘(e)(1) Any person convicted of a violation of this
section shall forfeit to the United States irrespective of
any provision of State law—
‘‘(A) any property constituting, or derived from,
any proceeds the person obtained, directly or indi-
rectly, as the result of such violation; and
‘‘(B) any of the person’s property used, or in-
tended to be used, in any manner or part, to com-
mit, or to facilitate the commission of, such viola-
tion.
‘‘(2) The court, in imposing sentence on a defendant
for a conviction of a violation of this section, shall order
that the defendant forfeit to the United States all property
described in paragraph (1).
‘‘(3) Except as provided in paragraph (4), the provi-
sions of subsections (b), (c), and (e) through (p) of section
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413 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p))
shall apply to—
‘‘(A) property subject to forfeiture under this
subsection;
‘‘(B) any seizure or disposition of such prop-
erty; and
‘‘(C) any administrative or judicial proceeding
in relation to such property,
if not inconsistent with this subsection.
‘‘(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund in the Treas-
ury all amounts from the forfeiture of property under this
subsection remaining after the payment of expenses for
forfeiture and sale authorized by law.
‘‘(5) As used in this subsection, the term ‘State’
means any State of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Trust Ter-
ritory of the Pacific Islands, and any territory or posses-
sion of the United States.’’.
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SEC. 805. DENIAL OF ANNUITIES OR RETIRED PAY TO PER-
SONS CONVICTED OF ESPIONAGE IN FOR-
EIGN COURTS INVOLVING UNITED STATES IN-
FORMATION.
Section 8312 of title 5, United States Code, is
amended by adding at the end thereof the following new
subsection:
‘‘(d)(1) For purposes of subsections (b)(1) and
(c)(1), an offense within the meaning of such subsections
is established if the Attorney General of the United States
certifies to the agency administering the annuity or retired
pay concerned—
‘‘(A) that an individual subject to this chapter
has been convicted by an impartial court of appro-
priate jurisdiction within a foreign country in cir-
cumstances in which the conduct violates the provi-
sions of law enumerated in subsections (b)(1) and
(c)(1), or would violate such provisions had such
conduct taken place within the United States, and
that such conviction is not being appealed or that
final action has been taken on such appeal;
‘‘(B) that such conviction was obtained in ac-
cordance with procedures that provided the defend-
ant due process rights comparable to such rights
provided by the United States Constitution, and
such conviction was based upon evidence which
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would have been admissible in the courts of the
United States; and
‘‘(C) that such conviction occurred after the
date of enactment of this subsection.
‘‘(2) Any certification made pursuant to this sub-
section shall be subject to review by the United States
Court of Claims based upon the application of the individ-
ual concerned, or his or her attorney, alleging that any
of the conditions set forth in subparagraphs (A), (B), or
(C) of paragraph (1), as certified by the Attorney General,
have not been satisfied in his or her particular cir-
cumstances. Should the court determine that any of these
conditions has not been satisfied in such case, the court
shall order any annuity or retirement benefit to which the
person concerned is entitled to be restored and shall order
that any payments which may have been previously denied
or withheld to be paid by the department or agency con-
cerned.’’.
SEC. 806. POST EMPLOYMENT ASSISTANCE FOR CIVILIAN
PERSONNEL 
WITHIN 
THE 
INTELLIGENCE
COMPONENTS OF THE DEPARTMENT OF DE-
FENSE.
(a) CONSOLIDATION OF AUTHORITY.—
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(1) IN
GENERAL.—Chapter 81 of title 10,
United States Code, is amended by adding at the
end the following:
‘‘§ 1599. Post employment assistance regarding cer-
tain civilian intelligence personnel
‘‘(a) Notwithstanding any other provision of law, the
Secretary of Defense may use appropriated funds to assist
a civilian employee who has been in a sensitive position
in an intelligence agency or component of the Department
of Defense and who is found to be ineligible for continued
access to Sensitive Compartmented Information and em-
ployment with the intelligence agency or component, or
whose employment with the intelligence agency or compo-
nent has been terminated—
‘‘(1) in finding and qualifying for subsequent
employment;
‘‘(2) in receiving treatment of medical or psy-
chological disabilities; and
‘‘(3) in providing necessary financial support
during periods of unemployment.
‘‘(b) Assistance may be provided under subsection (a)
only if the Secretary determines that such assistance is
essential to maintain the judgment and emotional stability
of such employee and avoid circumstances that might lead
to the unlawful disclosure of classified information to
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which such employee had access. Assistance provided
under this section for an employee shall not be provided
any longer than five years after the termination of the em-
ployment of the employee.
‘‘(c) The Secretary may, to the extent and in the
manner determined by the Secretary to appropriate, dele-
gate the authority to provide assistance under this section.
‘‘(d) The Secretary shall report annually to the Com-
mittees on Appropriations of the Senate and House of
Representatives, the Select Committee on Intelligence of
the Senate, and the Permanent Select Committee on Intel-
ligence of the House of Representatives with respect to
any expenditure made pursuant to this section.
‘‘(e) For the purposes of this section, the term ‘intel-
ligence agency or component’ means the National Security
Agency, the Defense Intelligence Agency, the National Re-
connaissance Office, the Central Imagery Office, and the
intelligence components of the military departments.’’.
(2) The table of sections of Chapter 81 of such title
is amended by adding after the item relating to section
1598 the following new item:
‘‘1599. Post employment assistance regarding certain civilian intelligence per-
sonnel.’’.
(b) REPEAL OF DUPLICATIVE AUTHORITY.—
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(1) DEFENSE INTELLIGENCE AGENCY.—Para-
graph (4) of Section 1604(e) of title 10, United
States Code, is repealed.
(2) NATIONAL SECURITY AGENCY.—Section 17
of the National Security Agency Act of 1959 (50
U.S.C. 402 note) is repealed.
(c) SAVINGS PROVISION.—The repeals made by sub-
section (b) do not affect rights and duties that matured
before the date of enactment of this section.
TITLE IX—INTERDICTION OF
AERIAL DRUG TRAFFICKING
SEC. 901. POLICY OF THE UNITED STATES.
It is the policy of the United States to provide intel-
ligence assistance to foreign governments to support ef-
forts by them to interdict aerial drug trafficking. The
United States does not condone the intentional damage
or destruction of aircraft in violation of international law,
and provides assistance to foreign governments for pur-
poses other than facilitating the intentional damage or de-
struction of aircraft in violation of international law.
SEC. 902. SENSE OF CONGRESS.
The Congress urges the President to review in light
of this title all interpretations within the Executive branch
of law relevant to the provision of assistance to foreign
governments for aerial drug interdiction, with an eye to
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affirming that continued provision by the United States
of such assistance conforms fully with United States and
international law.
Passed the House of Representatives July 20, 1994.
Attest:
Clerk.
103D CONGRESS
2D SESSION
H. R. 4299
AN ACT
To authorize appropriations for fiscal year 1995 for
intelligence and intelligence-related activities of
the United States Government, the Community
Management Account, and the Central Intel-
ligence Agency Retirement and Disability Sys-
tem, and for other purposes.