(C) by inserting ‘‘and the Central Imagery
Office’’ after ‘‘Defense Intelligence Agency’’ in
subsection (e).
(3) In section 1602, by inserting ‘‘and Central
Imagery Office’’ after ‘‘Defense Intelligence Agency’’.
(4) In section 1604—
(A) by inserting ‘‘and the Central Imagery
Office,’’ after ‘‘Defense Intelligence Agency’’ in
subsection (a)(1);
(B) by inserting ‘‘or the Central Imagery
Office’’ after ‘‘Defense Intelligence Agency’’ in
both places it occurs in the second sentence of
subsection (b);
(C) by inserting ‘‘or the Central Imagery
Office’’ after ‘‘Defense Intelligence Agency’’ in
subsection (c);
(D) by inserting ‘‘and the Central Imagery
Office’’ after ‘‘Defense Intelligence Agency’’ in
subsection (d);
(E) by inserting ‘‘or the Central Imagery
Office’’ after ‘‘Defense Intelligence Agency’’ in
subsection (e)(1); and
(F) in subsection (e)(3)—
(i) by amending the first sentence to
read as follows: ‘‘The Secretary of Defense
may delegate authority under this sub-
section only to the Deputy Secretary of De-
fense, the Director of the Defense Intel-
ligence Agency, the Director of the Central
Imagery Office, or all three.’’; and
(ii) by striking ‘‘either’’ and inserting
‘‘any’’.
(b) CONFORMING CHANGE TO TITLE 10.—The items
relating to chapter 83 in the tables of chapters at the begin-
ning of subtitle A, and at the beginning of part II of subtitle
A, of title 10, United States Code, are amended to read as
follows:
‘‘83. Defense Intelligence Agency and Central Imagery Office Civil-
ian Personnel .................................................................................. 1601’’.
(c) 
CHAPTER
OF
TITLE
5.—Section
2302(a)(2)(C)(ii) of title 5, United States Code, is amended
by inserting ‘‘the Central Imagery Office,’’ after ‘‘Defense
Intelligence Agency,’’.
(d) CHAPTER 31 OF TITLE 5.—Section 3132(a)(1)(B)
of title 5, United States Code, is amended by inserting ‘‘the
Central Imagery Office,’’ after ‘‘Defense Intelligence
Agency,’’.
(e) CHAPTER 43 OF TITLE 5.—Section 4301(1)(B)(ii)
of title 5, United States Code, is amended by inserting ‘‘the
Central Imagery Office,’’ after ‘‘Defense Intelligence
Agency,’’.
(f) CHAPTER 47 OF TITLE 5.—Section 4701(a)(1)(B)
of title 5, United States Code, is amended by inserting
‘‘the Central Imagery Office,’’ after ‘‘Defense Intelligence
Agency,’’.
(g) CHAPTER 51 OF TITLE 5.—Section 5102(a)(1) of
title 5, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of clause (ix);
(2) by striking the period at the end of clause (x)
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(xi) the Central Imagery Office, Depart-
ment of Defense.’’.
(h) CHAPTER 51 OF TITLE 5.—Section 5342(a)(1) of
title 5, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(J);
(2) by inserting ‘‘or’’ after the semicolon at the
end of subparagraph (K); and
(3) by adding at the end the following:
‘‘(L) the Central Imagery Office, Depart-
ment of Defense;’’.
(i) ADDITIONAL LEAVE TRANSFER PROGRAMS.—(1)
Section 6339(a)(1) of title 5, United States Code, is
amended—
(A) by striking ‘‘and’’ at the end of subpara-
graph (D);
(B) by redesignating subparagraph (E) as sub-
paragraph (F); and
(C) by inserting after subparagraph (D) the fol-
lowing new subparagraph (E):
‘‘(E) the Central Imagery Office; and’’.
(2) Section 6339(a)(2) of such title is amended—
(A) by striking ‘‘and’’ at the end of subpara-
graph (D);
(B) by redesignating subparagraph (E) as sub-
paragraph (F);
(C) by inserting after subparagraph (D) the fol-
lowing new subparagraph (E):
‘‘(E) with respect to the Central Imagery
Office, the Director of the Central Imagery Of-
fice; and’’; and
(D) in subparagraph (F), as redesignated by
subparagraph (B) of this paragraph, by striking
‘‘paragraph 
(1)(E)’’ 
and 
inserting 
‘‘paragraph
(1)(F)’’ both places it appears.
(j) CHAPTER 71 OF TITLE 5.—Section 7103(a)(3) of
title 5, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(F);
(2) by inserting ‘‘or’’ at the end of subparagraph
(G); and
(3) by adding at the end the following:
‘‘(H) the Central Imagery Office;’’.
(k) 
CHAPTER
OF
TITLE
5.—Section
7323(b)(2)(B)(i) of title 5, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of subclause (XI);
and
(2) by adding at the end the following:
‘‘(XIII) the Central Imagery Office; or’’.
(l) CHAPTER 75 OF TITLE 5.—Section 7511(b)(8) of
title 5, United States Code, is amended by inserting ‘‘the
Central Imagery Office,’’ after ‘‘Defense Intelligence
Agency,’’.
(m) ETHICS IN GOVERNMENT ACT OF 1978.—Section
105(a)(1) of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended by inserting ‘‘the Central Imagery
Office,’’ after ‘‘Defense Intelligence Agency,’’.
(n) EMPLOYEE POLYGRAPH PROTECTION ACT
OF
1988.—Section 7(b)(2)(A)(i) of the Employee Polygraph
Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is
amended by inserting ‘‘the Central Imagery Office,’’ after
‘‘Defense Intelligence Agency,’’.
SEC. 502. DISCLOSURE OF GOVERNMENTAL AFFILIATION BY
DEPARTMENT OF DEFENSE INTELLIGENCE
PERSONNEL 
OUTSIDE 
OF 
THE 
UNITED
STATES.
(a) GENERAL PROVISIONS.—Chapter 21 of title 10,
United States Code, is amended by adding at the end there-
of the following new section:
‘‘§ 426. Disclosure of governmental affiliation by De-
partment of Defense intelligence person-
nel outside the United States
‘‘Notwithstanding section 552a(e)(3) of title 5 or any
other provision of law, Department of Defense intelligence
personnel shall not be required, outside the United States,
to give notice of governmental affiliation to potential Unit-
ed States person sources during the initial assessment con-
tact. For the purposes of this section, the term ‘United
States’ includes the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and any
territory or possession of the United States.’’.
(b) CLERICAL AMENDMENT.—The table of sections for
subchapter I of such chapter is amended by adding at the
end thereof the following new item:
‘‘426. Disclosure of governmental affiliation by Department of Defense intelligence
personnel outside the United States.’’.
TITLE VI—INSPECTORS
GENERAL
SEC. 601. INSPECTORS GENERAL FOR DIA, NSA, AND CIA.
(a) DIA.—(1) Chapter 21 of title 10, United States
Code, is amended by inserting after section 426, as added
by section 502 of this Act, the following new section:
‘‘§ 427. Inspector General
‘‘(a) PURPOSE; ESTABLISHMENT.—In order to—
‘‘(1) create an objective and effective office, ap-
propriately accountable to Congress, to initiate and
conduct independently inspections, investigations,
and audits relating to programs and operations of the
Defense Intelligence Agency;
‘‘(2) provide leadership and recommend policies
designed to promote economy, efficiency, and effective-
ness in the administration of such programs and op-
erations, and detect fraud and abuse in such pro-
grams and operations;
‘‘(3) provide a means for keeping the Director
fully and currently informed about problems and de-
ficiencies relating to the administration of such pro-
grams and operations, and the necessity for and the
progress of corrective actions; and
‘‘(4) in the manner prescribed by this section,
ensure that the Senate Select Committee on Intel-
ligence and the House Permanent Select Committee
on Intelligence (hereafter in this section referred to
collectively as the ‘intelligence committees’) are kept
similarly informed of significant problems and defi-
ciencies as well as the necessity for and the progress
of corrective actions,
there is hereby established in the Defense Intelligence Agen-
cy an Office of Inspector General (hereafter in this section
referred to as the ‘Office’).
‘‘(b) APPOINTMENT; SUPERVISION; REMOVAL.—(1)
There shall be at the head of the Office an Inspector General
who shall be appointed by the Director of the Defense Intel-
ligence Agency. This appointment shall be made without
regard to political affiliation and shall be solely on the basis
of integrity, compliance with the security standards of the
Defense Intelligence Agency, and prior experience in the
field of foreign intelligence and in a Federal office of Inspec-
tor General. Such appointment shall also be made on the
basis of demonstrated ability in accounting, financial anal-
ysis, law, management analysis, public administration, or
auditing.
‘‘(2) The Inspector General shall report directly to and
be under the general supervision of the Director.
‘‘(3) The Director may prohibit the Inspector General
from initiating, carrying out, or completing any audit, in-
spection, or investigation if the Director determines that
such prohibition is necessary to protect vital national secu-
rity interests of the United States.
‘‘(4) If the Director exercises any power under para-
graph (3), the Director shall submit an appropriately clas-
sified statement of the reasons for the exercise of such power
within seven days to the intelligence committees. The Direc-
tor shall advise the Inspector General at the time such re-
port is submitted, and, to the extent consistent with the pro-
tection of intelligence sources and methods, provide the In-
spector General with a copy of any such report. In such
cases, the Inspector General may submit such comments to
the intelligence committees that the Director considers ap-
propriate.
‘‘(5) The Director shall report to the Inspector General
of the Department of Defense any information, allegation,
or complaint received from the Inspector General estab-
lished under this section, relating to violations of Federal
criminal law involving any officer or employee of the De-
fense Intelligence Agency, consistent with such guidelines as
may be issued by the Inspector General of the Department
of Defense. A copy of all such reports shall be furnished to
the Inspector General established under this section.
‘‘(6) The Inspector General may be removed from office
only by the Director. The Director shall immediately com-
municate in writing to the intelligence committees the rea-
sons for any such removal.
‘‘(c) DUTIES AND RESPONSIBILITIES.—It shall be the
duty and responsibility of the Inspector General appointed
under this section—
‘‘(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
inspections, investigations, and audits relating to the
programs and operations of the Defense Intelligence
Agency to ensure they are conducted efficiently and in
accordance with applicable law and regulations;
‘‘(2) to keep the Director fully and currently in-
formed concerning violations of law and regulations,
fraud and other serious problems, abuses and defi-
ciencies that may occur in such programs and oper-
ations, and to report the progress made in implement-
ing corrective action;
‘‘(3) to take due regard for the protection of in-
telligence sources and methods in the preparation of
all reports issued by the Office, and, to the extent con-
sistent with the purpose and objective of such reports,
take such measures as may be appropriate to mini-
mize the disclosure of intelligence sources and methods
described in such reports; and
‘‘(4) in the execution of the responsibilities of the
Inspector General, to comply with generally accepted
government auditing standards.
‘‘(d) SEMIANNUAL REPORTS; IMMEDIATE REPORTS OF
SERIOUS OR FLAGRANT PROBLEMS; REPORTS OF FUNC-
TIONAL PROBLEMS.—(1) The Inspector General shall, not
later than January 31 and July 31 of each year, prepare
and submit to the Director a classified semiannual report
summarizing the activities of the Office during the imme-
diately preceding six-month period ending December 31 (of
the preceding year) and June 30, respectively. Within thir-
ty days of receipt of such reports, the Director shall trans-
mit such reports to the intelligence committees with any
comments the Director may deem appropriate. Such reports
shall, at a minimum, include a list of the title or subject
of each inspection, investigation, or audit conducted during
the reporting period and—
‘‘(A) a description of significant problems,
abuses, and deficiencies relating to the administration
of programs and operations of the Defense Intelligence
Agency identified by the Office during the reporting
period;
‘‘(B) a description of the recommendations for
corrective action made by the Office during the re-
aware of particularly serious or flagrant problems, abuses,
or deficiencies relating to the administration of programs
or operations. The Director shall transmit such report to
the intelligence committees within seven calendar days, to-
gether with any comments the Director considers appro-
priate.
‘‘(3) In the event that—
‘‘(A) the Inspector General is unable to resolve
any differences with the Director affecting the execu-
tion of the Inspector General’s duties or responsibil-
ities; or
‘‘(B) the Inspector General, after exhausting all
possible alternatives, is unable to obtain significant
documentary information in the course of an inves-
tigation, inspection, or audit,
the Inspector General shall immediately report such matter
to the intelligence committees.
‘‘(4) Pursuant to title V of the National Security Act
of 1947, the Director shall submit to the intelligence com-
mittees any report or findings and recommendations of an
inspection, investigation, or audit conducted by the Office
which has been requested by the Chairman or Ranking Mi-
nority Member of either committee.
‘‘(e) AUTHORITIES OF THE INSPECTOR GENERAL.—(1)
The Inspector General shall have direct and prompt access
to the Director when necessary for any purpose pertaining
to the performance of the duties of the Inspector General.
‘‘(2) The Inspector General shall have access to any
employee or any employee of a contractor of the Defense
Intelligence Agency whose testimony is needed for the per-
formance of the duties of the Inspector General. In addition,
the Inspector General shall have direct access to all records,
reports, audits, reviews, documents, papers, recommenda-
tions, or other material which relate to the programs and
operations with respect to which the Inspector General has
responsibilities under this section. Failure on the part of
any employee or contractor to cooperate with the Inspector
General shall be grounds for appropriate administrative ac-
tions by the Director, to include loss of employment or the
termination of an existing contractual relationship.
‘‘(3) The Inspector General is authorized to receive and
investigate complaints or information from any person con-
cerning the existence of an activity constituting a violation
of laws, rules, or regulations, or mismanagement, gross
waste of funds, abuse of authority, or a substantial and spe-
cific danger to the public health and safety. Once such com-
plaint or information has been received from an employee
of the Defense Intelligence Agency—
‘‘(A) the Inspector General shall not disclose the
identity of the employee without the consent of the
employee, unless the Inspector General determines
that such disclosure is unavoidable during the course
of the investigation; and
‘‘(B) no action constituting a reprisal, or threat
of reprisal, for making such complaint may be taken
by any employee of the Defense Intelligence Agency in
a position to take such actions, unless the complaint
was made or the information was disclosed with the
knowledge that it was false or with willful disregard
for its truth or falsity.
‘‘(4) The Inspector General shall have authority to ad-
minister to or take from any person an oath, affirmation,
or affidavit, whenever necessary in the performance of the
duties of the Inspector General, which oath, affirmation, or
affidavit when administered or taken by or before an em-
ployee of the Office designated by the Inspector General
shall have the same force and effect as if administered or
taken by or before an officer having a seal.
‘‘(5) The Inspector General shall be provided with ap-
propriate and adequate office space at central and field of-
fice locations, together with such equipment, office supplies,
maintenance services, and communications facilities and
services as may be necessary for the operation of such
offices.
‘‘(6) Subject to applicable law and the policies of the
Director, the Inspector General shall select, appoint and
employ such officers and employees as may be necessary to
carry out the functions of the Inspector General. In making
such selections, the Inspector General shall ensure that such
officers and employees have the requisite training and expe-
rience to enable the Inspector General to carry out the du-
ties of the Inspector General effectively. In this regard, the
Inspector General shall create within the organization of
the Inspector General a career cadre of sufficient size to pro-
vide appropriate continuity and objectivity needed for the
effective performance of the duties of the Inspector General.
‘‘(7) Subject to the concurrence of the Director, the In-
spector General may request such information or assistance
as may be necessary for carrying out the duties and respon-
sibilities of the Inspector General from any Federal agency.
Upon request of the Inspector General for such information
or assistance, the head of the Federal agency involved shall,
insofar as is practicable and not in contravention of any
existing statutory restriction or regulation of the Federal
agency concerned, furnish to the Inspector General, or to
an authorized designee, such information or assistance.
‘‘(f) RELATIONSHIP WITH INSPECTOR GENERAL OF
THE DEPARTMENT OF DEFENSE.—Nothing in this section
shall be construed to affect the authorities and responsibil-
ities of the Inspector General of the Department of Defense.
‘‘(g) SEPARATE BUDGET ACCOUNT.—Beginning with
fiscal year 1996, there shall be included in the National
Foreign Intelligence Program budget a separate account for
the Office of Inspector General established pursuant to this
section.
‘‘(h) TRANSFER.—There shall be transferred to the Of-
fice the office of the Defense Intelligence Agency referred to
as the ‘Office of Inspector General’. The personnel, assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and
other funds employed, held, used, arising from, or available
to such ‘Office of Inspector General’ are hereby transferred
to the Office established pursuant to this section.’’.
(2) The table of sections of chapter 21 of title 10,
United States Code, is amended by inserting after the item
relating to section 426, as added by section 502 of this Act,
the following:
‘‘427. Inspector General.’’.
(b) NSA.—The National Security Agency Act of 1959
(50 U.S.C. 402 note) is amended by adding at the end the
following:
‘‘SEC. 19. INSPECTOR GENERAL.
‘‘(a) PURPOSE; ESTABLISHMENT.—In order to—
‘‘(1) create an objective and effective office, ap-
propriately accountable to Congress, to initiate and
conduct independently inspections, investigations,
and audits relating to programs and operations of the
National Security Agency;
‘‘(2) provide leadership and recommend policies
designed to promote economy, efficiency, and effective-
ness in the administration of such programs and op-
erations, and detect fraud and abuse in such pro-
grams and operations;
‘‘(3) provide a means for keeping the Director
fully and currently informed about problems and de-
ficiencies relating to the administration of such pro-
grams and operations, and the necessity for and the
progress of corrective actions; and
‘‘(4) in the manner prescribed by this section,
ensure that the Senate Select Committee on Intel-
ligence and the House Permanent Select Committee
on Intelligence (hereafter in this section referred to
collectively as the ‘intelligence committees’) are kept
similarly informed of significant problems and defi-
ciencies as well as the necessity for and the progress
of corrective actions,
there is hereby established in the National Security Agency
an Office of Inspector General (hereafter in this section re-
ferred to as the ‘Office’).
‘‘(b) APPOINTMENT; SUPERVISION; REMOVAL.—(1)
There shall be at the head of the Office an Inspector General
who shall be appointed by the Director of the National Secu-
rity Agency. This appointment shall be made without re-
gard to political affiliation and shall be solely on the basis
of integrity, compliance with the security standards of the
National Security Agency, and prior experience in the field
of foreign intelligence and in a Federal office of Inspector
General. Such appointment shall also be made on the basis
of demonstrated ability in accounting, financial analysis,
law, management analysis, public administration, or au-
diting.
‘‘(2) The Inspector General shall report directly to and
be under the general supervision of the Director.
‘‘(3) The Director may prohibit the Inspector General
from initiating, carrying out, or completing any audit, in-
spection, or investigation if the Director determines that
such prohibition is necessary to protect vital national secu-
rity interests of the United States.
‘‘(4) If the Director exercises any power under para-
graph (3), the Director shall submit an appropriately clas-
sified statement of the reasons for the exercise of such power
within seven days to the intelligence committees. The Direc-
tor shall advise the Inspector General at the time such re-
port is submitted, and, to the extent consistent with the pro-
tection of intelligence sources and methods, provide the In-
spector General with a copy of any such report. In such
cases, the Inspector General may submit such comments to
the intelligence committees that the Director considers ap-
propriate.
‘‘(5) The Director shall report to the Inspector General
of the Department of Defense any information, allegation,
or complaint received from the Inspector General estab-
lished under this section, relating to violations of Federal
criminal law involving any officer or employee of the Na-
tional Security Agency, consistent with such guidelines as
may be issued by the Inspector General of the Department
of Defense. A copy of all such reports shall be furnished to
the Inspector General established under this section.
‘‘(6) The Inspector General may be removed from office
only by the Director. The Director shall immediately com-
municate in writing to the intelligence committees the rea-
sons for any such removal.
‘‘(c) DUTIES AND RESPONSIBILITIES.—It shall be the
duty and responsibility of the Inspector General appointed
under this section—
‘‘(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
inspections, investigations, and audits relating to the
programs and operations of the National Security
Agency to ensure they are conducted efficiently and in
accordance with applicable law and regulations;
‘‘(2) to keep the Director fully and currently in-
formed concerning violations of law and regulations,
fraud and other serious problems, abuses and defi-
ciencies that may occur in such programs and oper-
ations, and to report the progress made in implement-
ing corrective action;
‘‘(3) to take due regard for the protection of in-
telligence sources and methods in the preparation of
all reports issued by the Office, and, to the extent con-
sistent with the purpose and objective of such reports,
take such measures as may be appropriate to mini-
mize the disclosure of intelligence sources and methods
described in such reports; and
‘‘(4) in the execution of the responsibilities of the
Inspector General, to comply with generally accepted
government auditing standards.
‘‘(d) SEMIANNUAL REPORTS; IMMEDIATE REPORTS OF
SERIOUS OR FLAGRANT PROBLEMS; REPORTS OF FUNC-
TIONAL PROBLEMS.—(1) The Inspector General shall, not
later than January 31 and July 31 of each year, prepare
and submit to the Director a classified semiannual report
summarizing the activities of the Office during the imme-
diately preceding six-month period ending December 31 (of
the preceding year) and June 30, respectively. Within thir-
ty days, the Director shall transmit such reports to the in-
telligence committees with any comments the Director may
deem appropriate. Such reports shall, at a minimum, in-
clude a list of the title or subject of each inspection, inves-
tigation, or audit conducted during the reporting period
and—
‘‘(A) a description of significant problems,
abuses, and deficiencies relating to the administration
of programs and operations of the National Security
Agency identified by the Office during the reporting
period;
‘‘(B) a description of the recommendations for
corrective action made by the Office during the re-
porting period with respect to significant problems,
abuses, or deficiencies identified in subparagraph (A);
‘‘(C) a statement of whether corrective action has
been completed on each significant recommendation
described in previous semiannual reports, and, in a
case where corrective action has been completed, a de-
scription of such corrective action;
‘‘(D) a certification that the Inspector General
has had full and direct access to all information rel-
evant to the performance of the functions of the In-
spector General;
‘‘(E) a description of all cases occurring during
the reporting period where the Inspector General
could not obtain documentary evidence relevant to
any inspection, audit, or investigation due to the lack
of authority to subpoena such information; and
‘‘(F) such recommendations as the Inspector
General may wish to make concerning legislation to
promote economy and efficiency in the administra-
tion of programs and operations undertaken by the
National Security Agency, and to detect and elimi-
nate fraud and abuse in such programs and oper-
ations.
‘‘(2) The Inspector General shall report immediately
to the Director whenever the Inspector General becomes
aware of particularly serious or flagrant problems, abuses,
or deficiencies relating to the administration of programs
or operations. The Director shall transmit such report to
the intelligence committees within seven calendar days, to-
gether with any comments the Director considers appro-
priate.
‘‘(3) In the event that—
‘‘(A) the Inspector General is unable to resolve
any differences with the Director affecting the execu-
tion of the Inspector General’s duties or responsibil-
ities; or
‘‘(B) the Inspector General, after exhausting all
possible alternatives, is unable to obtain significant
documentary information in the course of an inves-
tigation, inspection, or audit,
the Inspector General shall immediately report such matter
to the intelligence committees.
‘‘(4) Pursuant to title V of the National Security Act
of 1947, the Director shall submit to the intelligence com-
mittees any report or findings and recommendations of an
inspection, investigation, or audit conducted by the Office
which has been requested by the Chairman or Ranking Mi-
nority Member of either committee.
‘‘(e) AUTHORITIES OF THE INSPECTOR GENERAL.—(1)
The Inspector General shall have direct and prompt access
to the Director when necessary for any purpose pertaining
to the performance of the duties of the Inspector General.
‘‘(2) The Inspector General shall have access to any
employee or any employee of a contractor of the National
Security Agency whose testimony is needed for the perform-
ance of the duties of the Inspector General. In addition, the
Inspector General shall have direct access to all records, re-
ports, audits, reviews, documents, papers, recommenda-
tions, or other material which relate to the programs and
operations with respect to which the Inspector General has
responsibilities under this section. Failure on the part of
any employee or contractor to cooperate with the Inspector
General shall be grounds for appropriate administrative ac-
tions by the Director, to include loss of employment or the
termination of an existing contractual relationship.
‘‘(3) The Inspector General is authorized to receive and
investigate complaints or information from any person con-
cerning the existence of an activity constituting a violation
of laws, rules, or regulations, or mismanagement, gross
waste of funds, abuse of authority, or a substantial and spe-
cific danger to the public health and safety. Once such com-
plaint or information has been received from an employee
of the National Security Agency—
‘‘(A) the Inspector General shall not disclose the
identity of the employee without the consent of the
employee, unless the Inspector General determines
that such disclosure is unavoidable during the course
of the investigation; and
‘‘(B) no action constituting a reprisal, or threat
of reprisal, for making such complaint may be taken
by any employee of the National Security Agency in
a position to take such actions, unless the complaint
was made or the information was disclosed with the
knowledge that it was false or with willful disregard
for its truth or falsity.
‘‘(4) The Inspector General shall have authority to ad-
minister to or take from any person an oath, affirmation,
or affidavit, whenever necessary in the performance of du-
ties of the Inspector General, which oath, affirmation, or
affidavit when administered or taken by or before an em-
ployee of the Office designated by the Inspector General
shall have the same force and effect as if administered or
taken by or before an officer having a seal.
‘‘(5) The Inspector General shall be provided with ap-
propriate and adequate office space at central and field of-
fice locations, together with such equipment, office supplies,
maintenance services, and communications facilities and
services as may be necessary for the operation of such of-
fices.
‘‘(6) Subject to applicable law and the policies of the
Director, the Inspector General shall select, appoint and
employ such officers and employees as may be necessary to
carry out the functions of the Inspector General. In making
such selections, the Inspector General shall ensure that such
officers and employees have the requisite training and expe-
rience to enable the Inspector General to carry out the du-
ties of the Inspector General effectively. In this regard, the
Inspector General shall create within the organization of
the Inspector General a career cadre of sufficient size to pro-
vide appropriate continuity and objectivity needed for the
effective performance of the duties of the Inspector General.
‘‘(7) Subject to the concurrence of the Director, the In-
spector General may request such information or assistance
as may be necessary for carrying out the duties and respon-
sibilities of the Inspector General from any Federal agency.
Upon request of the Inspector General for such information
or assistance, the head of the Federal agency involved shall,
insofar as is practicable and not in contravention of any
existing statutory restriction or regulation of the Federal
agency concerned, furnish to the Inspector General, or to
an authorized designee, such information or assistance.
‘‘(f) RELATIONSHIP WITH INSPECTOR GENERAL OF
THE DEPARTMENT OF DEFENSE.—Nothing in this section
shall be construed to affect the authorities and responsibil-
ities of the Inspector General of the Department of Defense.
‘‘(g) SEPARATE BUDGET ACCOUNT.—Beginning with
fiscal year 1996, there shall be included in the National
Foreign Intelligence Program budget a separate account for
the Office of Inspector General established pursuant to this
section.
‘‘(h) TRANSFER.—There shall be transferred to the Of-
fice the office of the National Security Agency referred to
as the ‘Office of Inspector General’. The personnel, assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and
other funds employed, held, used, arising from, or available
to such ‘Office of Inspector General’ are hereby transferred
to the Office established pursuant to this section.’’.
(c) CIA.—Section 17 of the Central Intelligence Agen-
cy Act of 1949 (50 U.S.C. 403q) is amended—
(1) in subsection (b)(1)—
(A) by striking ‘‘foreign intelligence.’’ and
inserting ‘‘foreign intelligence and in a Federal
office of Inspector General.’’;
(B) by striking ‘‘or’’ after ‘‘analysis,’’; and
(C) by striking the period at the end thereof
and inserting ‘‘, or auditing.’’;
(2) in subsection (c)(1), by striking ‘‘to conduct’’
and inserting ‘‘to plan, conduct’’;
(3) in subsection (d)(1)—
(A) by striking ‘‘June 30 and December 31’’
and inserting ‘‘January 31 and July 31’’;
(B) by striking ‘‘period.’’ at the end of the
first sentence and inserting ‘‘periods ending De-
cember 31 (of the preceding year) and June 30,
respectively.’’; and
(C) by inserting ‘‘of receipt of such reports’’
after ‘‘thirty days’’;
(4) in subsection (d)(3)(C), by inserting ‘‘inspec-
tion, or audit,’’ after ‘‘investigation,’’;
(5) in subsection (d)(4), by inserting ‘‘or find-
ings and recommendations’’ after ‘‘report’’; and
(6) in subsection (e)(6)—
(A) by striking ‘‘it is the sense of Congress
that’’; and
(B) by striking ‘‘should’’ and inserting
‘‘shall’’.
TITLE VII—CLASSIFICATION
MANAGEMENT
SEC. 701. DECLASSIFICATION PLAN.
Each agency of the National Foreign Intelligence Pro-
gram to which is appropriated more than $1,000,000 in
the security, countermeasures, and related activities struc-
tural category for fiscal year 1995 shall allocate at least
two percent of their total expenditure in this structural cat-
egory for fiscal year 1995 to the classification management
consolidated expenditure center, to be used for the following
activities:
(1) Development of a phased plan to implement
declassification guidelines contained in the executive
order which replaces Executive Order 12356. Each
such agency shall provide the plan to Congress within
90 days after the beginning of fiscal year 1995 or 90
days after the publication of such replacement execu-
tive order, whichever is later. This plan shall include
an accounting of the amount of archived material,
levels of classification, types of storage media and lo-
cations, review methods to be employed, and estimated
costs of the declassification activity itself; as well as
an assessment by the agency of the appropriate types
and amounts of information to be maintained in the
future, how it will be stored, safeguarded, and re-
viewed, and the projected costs of these classification
management activities for the succeeding five years.
(2) Commencement of the process of declassifica-
tion and reduction of the amount of archived classi-
fied documents maintained by each agency.
(3) Submission of a report to the Permanent Se-
lect Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intelligence
of the Senate within 90 days after the end of fiscal
year 1995 on the progress made in carrying out para-
graph (2), with reference to the plan required by
paragraph (1).
SEC. 702. CLASSIFICATION AND DECLASSIFICATION OF IN-
FORMATION.
(a) PLAN.—Not later than 90 days after the date of
enactment of this Act, the President shall develop a plan,
and issue an executive order for its implementation, which
provides for the classification and declassification of infor-
mation. It is the sense of Congress that the plan should pro-
vide for the following:
(1) A test for the classification of information
which balances the public’s right to know against
identifiable harm to the national security which will
result from public disclosure.
(2) A narrow definition of the categories of infor-
mation subject to classification to avoid excessive clas-
sification.
(3) Classification periods of reasonably short du-
ration, and a determination of the date when or event
upon which declassification of such information shall
occur, with a recognition that extension of such pe-
riod may be required in certain circumstances.
(4) Automatic declassification at the expiration
of the classification period.
(b) SUBMISSION TO CONGRESS; EFFECTIVE DATE.—
The plan and executive order referred to in subsection (a)
may not take effect until after 30 days after the date on
which such plan and proposed regulation is submitted to
the Permanent Select Committee on Intelligence and the
Committee on Government Operations of the House of Rep-
resentatives and the Select Committee on Intelligence and
the Committee on Governmental Affairs of the Senate.
TITLE VIII—
COUNTERINTELLIGENCE
SEC. 801. ACCESS TO CLASSIFIED INFORMATION.
(a) IN GENERAL.—The National Security Act of 1947
(50 U.S.C. 401 et seq.) is amended by adding at the end
thereof the following new title:
‘‘TITLE VIII—ACCESS TO CLASSIFIED
INFORMATION
‘‘RULE OF APPLICATION
‘‘SEC. 801. The President and Vice President, Members
of the Congress (including any Resident Commissioner and
Delegate to the House of Representatives), Justices of the
Supreme Court, and Federal judges appointed by the Presi-
dent shall, by virtue of their elected or appointed positions,
be entitled to access to classified information needed for the
performance of their governmental functions without regard
to the other provisions of this title.
‘‘REGULATIONS
‘‘SEC. 802. (a) The President shall, within 180 days
after enactment of this title, direct the issuance of a regula-
tion to implement this title.
‘‘(b) The regulation issued pursuant to subsection (a)
may not take effect until after 30 days after the date on
which the regulation is submitted to the Congress.
‘‘CONSENT FOR ACCESS TO FINANCIAL INFORMATION
‘‘SEC. 803. Except as may be provided for in the regu-
lation issued under section 802 of this title, after such regu-
lation takes effect, no person shall be given access to classi-
fied information by any department, agency, or office of
the executive branch unless such person has provided con-
sent in accordance with this section. Such consent shall be
provided to the investigative agency responsible for conduct-
ing the security investigation of such person, or in the case
of a person who is an employee of the legislative branch
or the judicial branch, to the employing office of such em-
ployee. Such consent shall be provided during the initial
background investigation, for such times as access to such
information is maintained, and for three years thereafter.
Such consent shall permit access to—
‘‘(1) financial records held by a financial agency
or financial institution;
‘‘(2) consumer reports held by a consumer credit
reporting agency; and
‘‘(3) records maintained by commercial entities
within the United States pertaining to any travel by
the person outside the United States.
‘‘REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES
‘‘SEC. 804. (a)(1) Any authorized investigative agency
may request from any financial agency, financial institu-
tion, or consumer credit reporting agency such financial
records and consumer reports as are necessary in order to
conduct any authorized law enforcement investigation, for-
eign counterintelligence inquiry, or security determination.
Any authorized investigative agency may also request
records maintained by any commercial entity within the
United States pertaining to travel by a person outside the
United States.
‘‘(2) Requests may be made under this section where—
‘‘(A) the records sought pertain to a person who
is or was an employee required, as a condition of ac-
cess to classified information, to provide consent, dur-
ing a background investigation, for such time as ac-
cess to the information is maintained, and for three
years thereafter, permitting access to financial
records, other financial information, consumer re-
ports, and travel records; and
‘‘(B) there are reasonable grounds to believe,
based upon specific and articulable facts available to
it, that the person is, or may be, disclosing classified
information in an unauthorized manner to a foreign
power or agent of a foreign power, or in the course
of any background investigation or reinvestigation,
an issue of otherwise unexplained affluence or exces-
sive indebtedness arises.
‘‘(3) Each such request shall—
‘‘(A) be accompanied by a written certification
signed by the department or agency head or deputy
department or agency head concerned and shall cer-
tify that—
‘‘(i) the person concerned is an employee
within the meaning of paragraph (2)(A);
‘‘(ii) the request is being made pursuant to
an authorized inquiry or investigation and is
authorized under this section; and
‘‘(iii) the records or information to be re-
viewed are records or information which the em-
ployee has previously agreed to make available to
the authorized investigative agency for review;
‘‘(B) contain a copy of the agreement referred to
in subparagraph (A)(iii);
‘‘(C) identify specifically or by category the
records or information to be reviewed; and
‘‘(D) inform the recipient of the request of the
prohibition described in subsection (b).
‘‘(4) The authorized investigative agency shall prompt-
ly notify the person who is the subject of a request under
this section relating to a background investigation or
reinvestigation for records, reports, or other information.
‘‘(b) Notwithstanding any other provision of law and
except as provided in subsection (a)(4), no governmental
or private entity, or officer, employee, or agent of such en-
tity, may disclose to any person, other than those officers,
employees, or agents of such entity necessary to satisfy a
request made under this section, that such entity has re-
ceived or satisfied a request made by an authorized inves-
tigative agency under this section.
‘‘(c)(1) Notwithstanding any other provision of law ex-
cept section 6103 of the Internal Revenue Code of 1986, an
entity receiving a request for records or information under
subsection (a) shall, if the request satisfies the requirements
of this section, make available such records or information
within 30 days for inspection or copying, as may be appro-
priate, by the agency requesting such records or informa-
tion.
‘‘(2) Any entity (including any officer, employee or
agent thereof) that discloses records or information for in-
spection or copying pursuant to this section in good faith
reliance upon the certifications made by an agency pursu-
ant to this section shall not be liable for any such disclosure
to any person under this title, the constitution of any State,
or any law or regulation of any State or any political sub-
division of any State.
‘‘(d) Subject to the availability of appropriations
therefor, any agency requesting records or information
under this section may reimburse a private entity for any
cost reasonably incurred by such entity in responding to
such request, including the cost of identifying, reproducing,
or transporting records or other data.
‘‘(e) An agency receiving records or information pur-
suant to a request under this section may disseminate the
records or information obtained pursuant to such request
outside the agency only to the agency employing the em-
ployee who is the subject of the records or information, to
the Department of Justice for law enforcement or foreign
counterintelligence purposes, or, with respect to dissemina-
tion to an agency of the United States, only if such infor-
mation is clearly relevant to the authorized responsibilities
of such agency relating to security determinations, law en-
forcement, or counterintelligence.
‘‘(f) Any agency that discloses records or information
received pursuant to a request under this section in viola-
tion of subsection (e) shall be liable to the person to whom
the records relate in an amount equal to the sum of—
‘‘(1) $100, without regard to the volume of
records involved;
‘‘(2) any actual damages sustained by the person
as a result of the disclosure;
‘‘(3) if the violation is found to have been willful
or intentional, such punitive damages as the court
may allow; and
‘‘(4) in the case of any successful action to en-
force liability, the costs of the action, together with
reasonable attorney fees, as determined by the court.
‘‘(g) Nothing in this section shall affect the authority
of an investigative agency to obtain information pursuant
to the Right to Financial Privacy Act (12 U.S.C. 3401 et
seq.) or the Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.).
‘‘DEFINITIONS
‘‘SEC. 805. For purposes of this title—
‘‘(1) the term ‘agency of the legislative branch’
means the Office of the Architect of the Capitol, the
Botanic Garden, the General Accounting Office, the
Government Printing Office, the Library of Congress,
the Office of Technology Assessment, the Congressional
Budget Office, and the Copyright Royalty Tribunal;
‘‘(2) the term ‘authorized investigative agency’
means—
‘‘(A) an agency authorized by law or regu-
lation to conduct foreign counterintelligence in-
vestigations or investigations of persons who are
proposed for access to classified information to
ascertain whether such persons satisfy the cri-
teria for obtaining and retaining access to such
information;
‘‘(B) in the case of the House of Representa-
tives, an agency designated by the Speaker of the
House;
‘‘(C) in the case of the Senate, an agency
designated by the President pro tempore of the
Senate;
‘‘(D) in the case of an agency of the legisla-
tive branch, an agency designated by the head of
such agency; and
‘‘(E) in the case of the judiciary, an agency
designated by the Director of the Administrative
Office of the United States Courts, under the di-
rection of the Chief Justice of the United States;
‘‘(3) the term ‘classified information’ means any
information that has been determined pursuant to
Executive Order No. 12356 of April 2, 1982, or suc-
cessor orders, or the Atomic Energy Act of 1954, to
require protection against unauthorized disclosure
and that is so designated;
‘‘(4) the term ‘consumer credit reporting agency’
has the meaning given such term in section 603 of the
Consumer Credit Protection Act (15 U.S.C. 1681a));
‘‘(5) the term ‘employee’ includes any person
who receives a salary or compensation of any kind
from the United States Government, is a contractor
of the United States Government or an employee
thereof, is an unpaid consultant of the United States
Government, or otherwise acts for or on behalf of the
United States Government;
‘‘(6) the term ‘employee of the legislative branch’
means an individual (other than a Member of, and a
Resident Commissioner or Delegate to, the Congress)
whose salary is paid by—
‘‘(A) the Director of Non-legislative and Fi-
nancial Services of the House of Representatives;
‘‘(B) the Secretary of the Senate; or
‘‘(C) an agency of the legislative branch;
‘‘(7) the terms ‘financial agency’ and ‘financial
institution’ have the meaning given such terms in sec-
tion 5312 of title 31, United States Code; and
‘‘(8) the term ‘State’ means any State of the
United States, the District of Columbia, the Common-
wealth of Puerto Rico, the Trust Territory of the Pa-
cific Islands, and any territory or possession of the
United States.
‘‘EFFECTIVE DATE
‘‘SEC. 806. This title shall take effect upon the issuance
of a final regulation pursuant to section 802.’’.
(b) CONFORMING AMENDMENT.—The table of contents
of the National Security Act of 1947 is amended by adding
at the end the following:
‘‘TITLE VIII—ACCESS TO CLASSIFIED INFORMATION
‘‘Sec. 801. Rule of application.
‘‘Sec. 802. Regulations.
‘‘Sec. 803. Consent for access to financial information.
‘‘Sec. 804. Requests by authorized investigative agencies.
‘‘Sec. 805. Definitions.
‘‘Sec. 806. Effective date.’’.
SEC. 802. REWARDS FOR INFORMATION CONCERNING ESPI-
ONAGE.
(a) REWARDS.—Section 3071 of title 18, United States
Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘With respect to’’;
and
(2) by adding at the end the following new sub-
section:
‘‘(b) With respect to acts of espionage involving or di-
rected at the United States, the Attorney General may re-
ward any individual who furnishes information—
‘‘(1) leading to the arrest or conviction, in any
country, of any individual or individuals for commis-
sion of an act of espionage against the United States;
‘‘(2) leading to the arrest or conviction, in any
country, of any individual or individuals for conspir-
ing or attempting to commit an act of espionage
against the United States; or
‘‘(3) leading to the prevention or frustration of
an act of espionage against the United States.’’.
(b) DEFINITIONS.—Section 3077 of such title is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(8) ‘act of espionage’ means an activity that is
a violation of—
‘‘(A) section 793, 794, or 798 of title 18,
United States Code; or
‘‘(B) section 4 of the Subversive Activities
Control Act of 1950.’’.
(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 amend-
ed 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 committed
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 Sub-
versive 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 be
in the District of Columbia or in any other district author-
ized 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 following
new subsection:
‘‘(d)(1) Any person convicted of a violation of this sec-
tion 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 commit,
or to facilitate the commission of, such violation.
‘‘(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
413 of the Comprehensive Drug Abuse Prevention and Con-
trol 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 property;
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 for-
feiture and sale authorized by law.
‘‘(5) As used in this subsection, the term ‘State’ means
any State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Trust Territory of
the Pacific Islands, and any territory or possession of the
United States.’’.
(b) AMENDMENTS FOR CONSISTENCY IN APPLICATION
OF FORFEITURE UNDER TITLE 18.—(1) Section 793(h)(3)
of such title is amended in the matter preceding subpara-
graph (A) by striking out ‘‘(o)’’ each place it appears 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.—Section
4 of the Subversive Activities Control Act of 1950 (50
U.S.C. 783) is amended by adding at the end the following
new subsection:
‘‘(e)(1) Any person convicted of a violation of this sec-
tion 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 commit,
or to facilitate the commission of, such violation.
‘‘(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
413 of the Comprehensive Drug Abuse Prevention and Con-
trol 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 property;
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 for-
feiture and sale authorized by law.
‘‘(5) As used in this subsection, the term ‘State’ means
any State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Trust Territory of
the Pacific Islands, and any territory or possession of the
United States.’’.
SEC. 805. DENIAL OF ANNUITIES OR RETIRED PAY TO PER-
SONS CONVICTED OF ESPIONAGE IN FOREIGN
COURTS INVOLVING UNITED STATES INFOR-
MATION.
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 estab-
lished if the Attorney General of the United States certifies
to the agency administering the annuity or retired pay con-
cerned—
‘‘(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 con-
duct taken place within the United States, and that
such conviction is not being appealed or that final ac-
tion has been taken on such appeal;
‘‘(B) that such conviction was obtained in ac-
cordance with procedures that provided the defendant
due process rights comparable to such rights provided
by the United States Constitution, and such convic-
tion was based upon evidence which 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 individual con-
cerned, or his or her attorney, alleging that any of the con-
ditions set forth in subparagraphs (A), (B), or (C) of para-
graph (1), as certified by the Attorney General, have not
been satisfied in his or her particular circumstances.
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 concerned.’’.
SEC. 806. POST EMPLOYMENT ASSISTANCE FOR CIVILIAN
PERSONNEL 
WITHIN 
THE 
INTELLIGENCE
COMPONENTS OF THE DEPARTMENT OF DE-
FENSE.
(a) CONSOLIDATION OF AUTHORITY.—
(1) IN GENERAL.—Chapter 81 of title 10, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 1599. Post employment assistance regarding certain
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 psycho-
logical 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 es-
sential to maintain the judgment and emotional stability
of such employee and avoid circumstances that might lead
to the unlawful disclosure of classified information to 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 employment of
the employee.
‘‘(c) The Secretary may, to the extent and in the man-
ner determined by the Secretary to appropriate, delegate
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 Rep-
resentatives, 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 in-
telligence 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 person-
nel.’’.
(b) REPEAL OF DUPLICATIVE AUTHORITY.—
(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 be-
fore the date of enactment of this section.
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