Page:United States Statutes at Large Volume 108 Part 4.djvu/807

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PUBLIC LAW 103-359—OCT. 14, 1994 108 STAT. 3441 SEC. 805. DENIAL OF ANNUITIES OR RETIRED PAY TO PERSONS CON- VICTED OF ESPIONAGE IN FOREIGN COURTS INVOLVING UNITED STATES INFORMATION. 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 appropriate jurisdiction within a foreign country in circumstances in which the conduct violates the provisions 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 accordance with procedures that provided the defendant due process rights comparable to such rights provided by the United States Constitution, and such conviction 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 subsection shall be subject to review by the United States Court of Claims based upon the application of the individual 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 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. POSTEMPLOYMENT ASSISTANCE FOR CERTAIN TERMI- NATED INTELLIGENCE EMPLOYEES OF THE DEPARTMENT OF DEFENSE. (a) CONSOLIDATION AND EXTENSION OF AUTHORITY. — (1) IN GENERAL.—Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section:

    • § 1599. Postemployment assistance: certain terminated intelligence employees

"(a) AUTHORITY.— Subject to subsection (c), the Secretary of Defense may, in the case of any individual who is a qualified former intelligence employee, use appropriated funds— "(1) to assist that individual in finding and qualifying for employment other than in an intelligence component of the Department of Defense; "(2) to assist that individual in meeting the expenses of treatment of medical or psychological disabilities of that individual; and