§ 1611. Postemployment assistance: certain terminated intelligence employees

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Counterintelligence and Security Enhancements Act of 1994

   Pub. L. 103–359 title VIII § 806(a)(1) · 108 Stat. 3423

   Enacted · 10 U.S.C. § 1611

   Added Pub. L. 103–359, title VIII, § 806(a)(1), Oct. 14, 1994, 108 Stat. 3441, § 1599

   Source evidence

   Code source credit
   Added Pub. L. 103–359, title VIII, § 806(a)(1), Oct. 14, 1994, 108 Stat. 3441, § 1599

   Enacted provision · exact public law section
   (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 “(3) to provide financial support to that individual during periods of unemployment. “(b) Qualified Former Intelligence Employees.— For purposes of this section, a qualified former intelligence employee is an individual who was employed as a civilian employee of the Department of Defense in a sensitive position in an intelligence component of the Department of Defense— “(1) who has been found to be ineligible for continued access to information designated as ‘Sensitive Compartmented Information’ and employment with the intelligence component; or “(2) whose employment with the intelligence component has been terminated. “(c) Conditions.— Assistance may be provided to a qualified former intelligence employee under subsection (a) only if the Secretary determines that such assistance is essential to— “(1) maintain the judgment and emotional stability of the qualified former intelligence employee; and “(2) avoid circumstances that might lead to the unlawful disclosure of classified information to which the qualified former intelligence employee had access. “(d) Duration of Assistance.— Assistance may not be provided under this section in the case of any individual after the end of the five-year period beginning on the date of the termination of the employment of the individual with an intelligence component of the Department of Defense. “(e) Annual Report.— (1) The Secretary of Defense shall submit to the congressional committees specified in paragraph (2) an annual report with respect to any expenditure made under this section. “(2) The committees referred to in paragraph (1) are the following: “(A) The Committees on Armed Services and Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives. “(B) The Committees on Armed Services and Appropriations and the Select Committee on Intelligence of the Senate. “(f) Definition.— In this section, the term ‘intelligence component of the Department of Defense’ means any of the following: “(1) The National Security Agency. “(2) The Defense Intelligence Agency. “(3) The National Reconnaissance Office. “(4) The Central Imagery Office. “(5) The intelligence components of any of the military departments.”.

2. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1502(a)(11)(A) · 110 Stat. 186

   Substituted · 10 U.S.C. § 1611(e)(2)(A)

   Pub. L. 104–106, § 1502(a)(11)(A), substituted “The Committee on National Security, the Committee on Appropriations,” for “The Committees on Armed Services and Appropriations”

   Source evidence

   Code amendment note
   Subsec. (e)(2)(A). Pub. L. 104–106, § 1502(a)(11)(A), substituted “The Committee on National Security, the Committee on Appropriations,” for “The Committees on Armed Services and Appropriations”.

   Enacted provision · exact public law section
   (A) in subparagraph (A), by striking out “The Committees on Armed Services and Appropriations” and inserting in lieu thereof “The Committee on National Security, the Committee on Appropriations,”; and

3. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1502(a)(11)(B) · 110 Stat. 186

   Substituted · 10 U.S.C. § 1611(e)(2)(B)

   Pub. L. 104–106, § 1502(a)(11)(B), substituted “The Committee on Armed Services, the Committee on Appropriations,” for “The Committees on Armed Services and Appropriations”

   Source evidence

   Code amendment note
   Subsec. (e)(2)(B). Pub. L. 104–106, § 1502(a)(11)(B), substituted “The Committee on Armed Services, the Committee on Appropriations,” for “The Committees on Armed Services and Appropriations”.

   Enacted provision · exact public law section
   (B) in subparagraph (B), by striking out “The Committees on Armed Services and Appropriations” and inserting in lieu thereof “The Committee on Armed Services, the Committee on Appropriations,”.

4. 1996

   Department of Defense Civilian Intelligence Personnel Policy Act of 1996

   Pub. L. 104–201 div. A title XVI § 1632(c) · 110 Stat. 2422

   Changed · 10 U.S.C. § 1611

   Pub. L. 104–201 renumbered section 1599 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 104–201 renumbered section 1599 of this title as this section.

   Enacted provision · exact public law section
   (c) Transfer of Section 1599.— Subtitle A of title 10, United States Code, is amended by transferring section 1599 to chapter 83 of such title, inserting such section after section 1610 (as added by subsection (b)), redesignating such section as section 1611, and in subsection (f) striking out “means” and all that follows and inserting in lieu thereof “includes the National Reconnaissance Office and any intelligence component of a military department.”.

5. 1996

   Department of Defense Civilian Intelligence Personnel Policy Act of 1996

   Pub. L. 104–201 div. A title XVI § 1632(c) · 110 Stat. 2422

   Substituted · 10 U.S.C. § 1611(f)

   Pub. L. 104–201 substituted “includes the National Reconnaissance Office and any intelligence component of a military department.” for “means any of the following:

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 104–201 substituted “includes the National Reconnaissance Office and any intelligence component of a military department.” for “means any of the following:

   “(1) The National Security Agency. “(2) The Defense Intelligence Agency. “(3) The National Reconnaissance Office. “(4) The Central Imagery Office. “(5) The intelligence components of any of the military departments.”

   Enacted provision · exact public law section
   (c) Transfer of Section 1599.— Subtitle A of title 10, United States Code, is amended by transferring section 1599 to chapter 83 of such title, inserting such section after section 1610 (as added by subsection (b)), redesignating such section as section 1611, and in subsection (f) striking out “means” and all that follows and inserting in lieu thereof “includes the National Reconnaissance Office and any intelligence component of a military department.”.

6. 1999

   Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512

   Substituted · 10 U.S.C. § 1611(e)(2)(A)

   Pub. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”

   Source evidence

   Code amendment note
   Subsec. (e)(2)(A). Pub. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”.

   Enacted provision · exact public law section
   (1) Title 10, United States Code.

7. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Substituted · 10 U.S.C. § 1611(a)(1)

   Pub. L. 106–398, § 1 [[div. A], title XI, § 1141(b)(1)], substituted “a defense intelligence position” for “an intelligence component of the Department of Defense”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 106–398, § 1 [[div. A], title XI, § 1141(b)(1)], substituted “a defense intelligence position” for “an intelligence component of the Department of Defense”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

8. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   1. Substituted · 10 U.S.C. § 1611(b)

      Pub. L. 106–398, § 1 [[div. A], title XI, § 1141(b)(2)], substituted “sensitive defense intelligence position” for “sensitive position in an intelligence component of the Department of Defense” in pars. (1) and (2)

   2. Substituted · 10 U.S.C. § 1611(b)

      Pub. L. 106–398, § 1 [[div. A], title XI, § 1141(b)(2)], substituted “in a defense intelligence position” for “with the intelligence component” in pars. (1) and (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title XI, § 1141(b)(2)], substituted “sensitive defense intelligence position” for “sensitive position in an intelligence component of the Department of Defense” in introductory provisions and “in a defense intelligence position” for “with the intelligence component” in pars. (1) and (2).

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

9. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Substituted · 10 U.S.C. § 1611(d)

   Pub. L. 106–398, § 1 [[div. A], title XI, § 1141(b)(3)], substituted “in a defense intelligence position” for “an intelligence component of the Department of Defense”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title XI, § 1141(b)(3)], substituted “in a defense intelligence position” for “an intelligence component of the Department of Defense”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

10. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Struck · 10 U.S.C. § 1611(f)

    Pub. L. 106–398, § 1 [[div. A], title XI, § 1141(b)(4)], struck out heading and text of subsec. (f). Text read as follows: “In this section, the term ‘intelligence component of the Department of Defense’ includes the National Reconnaissance Office and any intelligence component of a military department.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–398, § 1 [[div. A], title XI, § 1141(b)(4)], struck out heading and text of subsec. (f). Text read as follows: “In this section, the term ‘intelligence component of the Department of Defense’ includes the National Reconnaissance Office and any intelligence component of a military department.”

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

11. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title X § 1048(a)(15) · 115 Stat. 1012

    Struck · 10 U.S.C. § 1611(d)

    Pub. L. 107–107 struck out “with” before “in a defense intelligence position”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–107 struck out “with” before “in a defense intelligence position”.

    Enacted provision · exact public law section
    (15) Section 1611(d) is amended by striking “with”.

12. 2002

    Pub. L. 107–306 § 811(b)(4)(B)(i) · 116 Stat. 2383

    Substituted · 10 U.S.C. § 1611(e)(1)

    Pub. L. 107–306, § 811(b)(4)(B)(i), substituted “paragraph (3)” for “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 107–306, § 811(b)(4)(B)(i), substituted “paragraph (3)” for “paragraph (2)”.

    Enacted provision · exact public law section
    (i) in paragraph (1), by striking “paragraph (2)” and inserting “paragraph (3)”;

13. 2002

    Pub. L. 107–306 § 811(b)(4)(B)(ii) · 116 Stat. 2383

    1. Added · 10 U.S.C. § 1611(e)(2); 10 U.S.C. § 1611(e)(3)

       Pub. L. 107–306, § 811(b)(4)(B)(ii), (iii), added par. (2)

    2. Redesignated · 10 U.S.C. § 1611(e)(2); 10 U.S.C. § 1611(e)(3)

       Pub. L. 107–306, § 811(b)(4)(B)(ii), (iii), redesignated former par. (2) as (3)

    Source evidence

    Code amendment note
    Subsec. (e)(2), (3). Pub. L. 107–306, § 811(b)(4)(B)(ii), (iii), added par. (2) and redesignated former par. (2) as (3).

    Enacted provision · exact public law section
    (ii) by redesignating paragraph (2) as paragraph (3); and

14. 2003

    Intelligence Authorization Act for Fiscal Year 2004

    Pub. L. 108–177 title III § 361(h) · 117 Stat. 2599

    Struck · 10 U.S.C. § 1611(e)

    Pub. L. 108–177 struck out heading and text of subsec. (e). Text read as follows:

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–177 struck out heading and text of subsec. (e). Text read as follows:

    “(1) The Secretary of Defense shall submit to the congressional committees specified in paragraph (3) an annual report with respect to any expenditure made under this section. “(2) In the case of a report required to be submitted under paragraph (1) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives, the date for the submittal of such report shall be as provided in section 507 of the National Security Act of 1947. “(3) The committees referred to in paragraph (1) are the following: “(A) The Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. “(B) The Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate.”

    Enacted provision · exact public law section
    (h) Annual Report on Postemployment Assistance for Terminated Intelligence Employees.— Section 1611 of title 10, United States Code, is amended by striking subsection (e).

    Effective date note
    Pub. L. 108–177, title III, § 361(n), Dec. 13, 2003, 117 Stat. 2626, provided that: “The amendments made by this section [amending this section, section 1681b of Title 15, Commerce and Trade, and sections 2366, 3038, 3047, 3050, 3106, and 3381 of Title 50, War and National Defense, repealing section 540C of Title 28, Judiciary and Judicial Procedure, and repealing provisions set out as notes under sections 3036 and 3381 of Title 50] shall take effect on December 31, 2003.”

16 of 16 references resolved to an enrolled provision