[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4548 Enrolled Bill (ENR)]

        H.R.4548

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
 To authorize appropriations for fiscal year 2005 for intelligence and 
  intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
        Retirement and Disability System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This title may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
Sec. 106. Specific authorization of funds for intelligence or 
          intelligence-related activities for which fiscal year 2004 
          appropriations exceed amounts authorized.
Sec. 107. Preparation and submittal of reports, reviews, studies, and 
          plans relating to intelligence activities of Department of 
          Defense and Department of Energy.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                      TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
          law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Chief Information Officer.
Sec. 304. Improvement of authorities relating to National Virtual 
          Translation Center.
Sec. 305. Intelligence assessment on sanctuaries for terrorists.
Sec. 306. Sense of Congress on availability to Congress of information 
          on Iraq Oil-For-Food Program of the United Nations.

                  TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Permanent extension of Central Intelligence Agency voluntary 
          separation incentive program.
Sec. 402. Intelligence operations and cover enhancement authority.

           TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

Sec. 501. National Security Agency Emerging Technologies Panel.
Sec. 502. Use of funds for counterdrug and counterterrorism activities 
          for Colombia.

                           TITLE VI--EDUCATION

             Subtitle A--National Security Education Program

Sec. 601. Annual funding.
Sec. 602. Improvements to National Flagship Language Initiative.
Sec. 603. Scholarship program for English language studies for heritage 
          community citizens of the United States within National 
          Security Education Program.

   Subtitle B--Improvement in Intelligence Community Foreign Language 
                                 Skills

Sec. 611. Foreign language proficiency for certain senior level 
          positions in the Central Intelligence Agency.
Sec. 612. Advancement of foreign languages critical to the intelligence 
          community.
Sec. 613. Pilot project on Civilian Linguist Reserve Corps.
Sec. 614. Report on status, consolidation, and improvement of 
          intelligence education programs.
Sec. 615. Report on recruitment and retention of qualified instructors 
          of the Defense Language Institute.

                      TITLE VII--TERRORISM MATTERS

Sec. 701. Information on terrorist groups that seek weapons of mass 
          destruction and groups that have been designated as foreign 
          terrorist organizations.

                        TITLE VIII--OTHER MATTERS

Sec. 801. Effective date.
Sec. 802. Construction of references to Director of Central 
          Intelligence.
Sec. 803. Savings provisions relating to discharge of certain functions 
          and authorities.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2005 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
        (1) The Central Intelligence Agency.
        (2) The Department of Defense.
        (3) The Defense Intelligence Agency.
        (4) The National Security Agency.
        (5) The Department of the Army, the Department of the Navy, and 
    the Department of the Air Force.
        (6) The Department of State.
        (7) The Department of the Treasury.
        (8) The Department of Energy.
        (9) The Department of Justice.
        (10) The Federal Bureau of Investigation.
        (11) The National Reconnaissance Office.
        (12) The National Geospatial-Intelligence Agency.
        (13) The Coast Guard.
        (14) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 2005, for the conduct of the 
intelligence and intelligence-related activities of the elements listed 
in such section, are those specified in the classified Schedule of 
Authorizations prepared to accompany the conference report on the bill 
H.R. 4548 of the One Hundred Eighth Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director 
of the Office of Management and Budget, the Director of National 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 2005 under section 102 when 
the Director of National Intelligence determines that such action is 
necessary to the performance of important intelligence functions, 
except that the number of personnel employed in excess of the number 
authorized under such section may not, for any element of the 
intelligence community, exceed 2 percent of the number of civilian 
personnel authorized under such section for such element.
    (b) Notice to Intelligence Committees.--The Director of National 
Intelligence shall promptly notify the Select Committee on Intelligence 
of the Senate and the Permanent Select Committee on Intelligence of the 
House of Representatives whenever the Director exercises the authority 
granted by this section.

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2005 the sum of 
$310,466,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2006.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 310 full-time personnel as of September 30, 
2005. Personnel serving in such elements may be permanent employees of 
the Intelligence Community Management Account or personnel detailed 
from other elements of the United States Government.
    (c) Classified Authorizations.--
        (1) Authorization of appropriations.--In addition to amounts 
    authorized to be appropriated for the Intelligence Community 
    Management Account by subsection (a), there are also authorized to 
    be appropriated for the Intelligence Community Management Account 
    for fiscal year 2005 such additional amounts as are specified in 
    the classified Schedule of Authorizations referred to in section 
    102(a). Such additional amounts for research and development shall 
    remain available until September 30, 2006.
        (2) Authorization of personnel.--In addition to the personnel 
    authorized by subsection (b) for elements of the Intelligence 
    Community Management Account as of September 30, 2005, there are 
    also authorized such additional personnel for such elements as of 
    that date as are specified in the classified Schedule of 
    Authorizations.
    (d) Reimbursement.--Except as provided in section 113 of the 
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2005 
any officer or employee of the United States or a member of the Armed 
Forces who is detailed to the staff of the Intelligence Community 
Management Account from another element of the United States Government 
shall be detailed on a reimbursable basis, except that any such 
officer, employee, or member may be detailed on a nonreimbursable basis 
for a period of less than one year for the performance of temporary 
functions as required by the Director of National Intelligence.
    (e) National Drug Intelligence Center.--
        (1) In general.--Of the amount authorized to be appropriated in 
    subsection (a), $42,322,000 shall be available for the National 
    Drug Intelligence Center. Within such amount, funds provided for 
    research, development, testing, and evaluation purposes shall 
    remain available until September 30, 2006, and funds provided for 
    procurement purposes shall remain available until September 30, 
    2007.
        (2) Transfer of funds.--The Director of National Intelligence 
    shall transfer to the Attorney General funds available for the 
    National Drug Intelligence Center under paragraph (1). The Attorney 
    General shall utilize funds so transferred for the activities of 
    the National Drug Intelligence Center.
        (3) Limitation.--Amounts available for the National Drug 
    Intelligence Center may not be used in contravention of the 
    provisions of section 103(d)(1) of the National Security Act of 
    1947 (50 U.S.C. 403-3(d)(1)).
        (4) Authority.--Notwithstanding any other provision of law, the 
    Attorney General shall retain full authority over the operations of 
    the National Drug Intelligence Center.

SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.

    (a) In General.--Each requirement to submit a report to the 
congressional intelligence committees that is included in the joint 
explanatory statement to accompany the conference report on the bill 
H.R. 4548 of the One Hundred Eighth Congress, or in the classified 
annex to this Act, is hereby incorporated into this Act, and is hereby 
made a requirement in law.
    (b) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
        (1) the Select Committee on Intelligence of the Senate; and
        (2) the Permanent Select Committee on Intelligence of the House 
    of Representatives.

SEC. 106. SPECIFIC AUTHORIZATION OF FUNDS FOR INTELLIGENCE OR 
              INTELLIGENCE-RELATED ACTIVITIES FOR WHICH FISCAL YEAR 
              2004 APPROPRIATIONS EXCEED AMOUNTS AUTHORIZED.

    Funds appropriated for an intelligence or intelligence-related 
activity of the United States Government for fiscal year 2004 in excess 
of the amount specified for such activity in the classified Schedule of 
Authorizations prepared to accompany the Intelligence Authorization Act 
for Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2599) shall be 
deemed to be specifically authorized by Congress for purposes of 
section 504(a)(3) of the National Security Act of 1947 (50 U.S.C. 
414(a)(3)). Such funds shall remain available until September 30, 2005.

SEC. 107. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND 
              PLANS RELATING TO INTELLIGENCE ACTIVITIES OF DEPARTMENT 
              OF DEFENSE AND DEPARTMENT OF ENERGY.

    (a) Consultation in Preparation.--(1) The Director of National 
Intelligence shall ensure that any report, review, study, or plan 
required to be prepared or conducted by a provision of this Act, 
including a provision of the classified Schedule of Authorizations 
referred to in section 102(a) or the classified annex to this Act, that 
involves the intelligence or intelligence-related activities of the 
Department of Defense or the Department of Energy is prepared or 
conducted in consultation with the Secretary of Defense or the 
Secretary of Energy, as appropriate.
    (2) The Secretary of Defense or the Secretary of Energy may carry 
out any consultation required by this subsection through an official of 
the Department of Defense or the Department of Energy, as the case may 
be, designated by such Secretary for that purpose.
    (b) Submittal.--Any report, review, study, or plan referred to in 
subsection (a) shall be submitted, in addition to any other committee 
of Congress specified for submittal in the provision concerned, to the 
following committees or subcommittees of Congress, as appropriate:
        (1) The Committee on Armed Services, the Subcommittee on 
    Defense of the Committee on Appropriations, and the Select 
    Committee on Intelligence of the Senate.
        (2) The Committee on Armed Services, the Subcommittee on 
    Defense of the Committee on Appropriations, and the Permanent 
    Select Committee on Intelligence of the House of Representatives.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2005 the sum of 
$239,400,000.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of 
the United States.

SEC. 303. CHIEF INFORMATION OFFICER.

    (a) Establishment.--(1) Title I of the National Security Act of 
1947, as amended by section 1011(a) of the National Security 
Intelligence Reform Act of 2004, is further amended by inserting after 
section 103F the following new section:


                       ``chief information officer

    ``Sec. 103G. (a) Chief Information Officer.--To assist the Director 
of National Intelligence in carrying out the responsibilities of the 
Director under this Act and other applicable provisions of law, there 
shall be within the Office of the Director of National Intelligence a 
Chief Information Officer who shall be appointed by the President, by 
and with the advice and consent of the Senate.
    ``(b) Chief Information Officer of Intelligence Community.--The 
Chief Information Officer shall serve as the chief information officer 
of the intelligence community.
    ``(c) Duties and Responsibilities.--Subject to the direction of the 
Director of National Intelligence, the Chief Information Officer 
shall--
        ``(1) manage activities relating to the information technology 
    infrastructure and enterprise architecture requirements of the 
    intelligence community;
        ``(2) have procurement approval authority over all information 
    technology items related to the enterprise architectures of all 
    intelligence community components;
        ``(3) direct and manage all information technology-related 
    procurement for the intelligence community; and
        ``(4) ensure that all expenditures for information technology 
    and research and development activities are consistent with the 
    intelligence community enterprise architecture and the strategy of 
    the Director for such architecture.
    ``(d) Prohibition on Simultaneous Service as Other Chief 
Information Officer.--An individual serving in the position of Chief 
Information Officer may not, while so serving, serve as the chief 
information officer of any other department or agency, or component 
thereof, of the United States Government.''.
    (2) The table of contents in the first section of the National 
Security Act of 1947, as amended by the National Security Intelligence 
Reform Act of 2004, is further amended by inserting after the item 
relating to section 103F the following new item:
``Sec. 103G. Chief Information Officer.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the effective date of the National Security Intelligence 
Reform Act of 2004, as provided in section 801 of this Act.

SEC. 304. IMPROVEMENT OF AUTHORITIES RELATING TO NATIONAL VIRTUAL 
              TRANSLATION CENTER.

    (a) Function of Center.--Section 313 of the Intelligence 
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 
2391; 50 U.S.C. 404n) is amended--
        (1) by redesignating subsections (c) and (d) as subsections (d) 
    and (e), respectively; and
        (2) by inserting after subsection (b) the following new 
    subsection (c):
    ``(c) Function.--The element established under subsection (a) shall 
provide for timely and accurate translations of foreign intelligence 
for all elements of the intelligence community through--
        ``(1) the integration of the translation capabilities of the 
    intelligence community;
        ``(2) the use of remote-connection capabilities; and
        ``(3) the use of such other capabilities as the Director 
    considers appropriate.''.
    (b) Location of Discharge of Function.--Subsection (d) of such 
section, as so redesignated, is amended by adding at the end the 
following new paragraph:
    ``(3) Personnel of the element established under subsection (a) may 
carry out the duties and functions of the element at any location 
that--
        ``(A) has been certified as a secure facility by a department 
    or agency of the United States Government; or
        ``(B) the Director has otherwise determined to be appropriate 
    for such duties and functions''.

SEC. 305. INTELLIGENCE ASSESSMENT ON SANCTUARIES FOR TERRORISTS.

    (a) Assessment Required.--Not later than the date specified in 
subsection (b), the Director of National Intelligence shall submit to 
Congress an intelligence assessment that identifies and describes each 
country or region that is a sanctuary for terrorists or terrorist 
organizations. The assessment shall be based on current all-source 
intelligence.
    (b) Submittal Date.--The date of the submittal of the intelligence 
assessment required by subsection (a) shall be the earlier of--
        (1) the date that is six months after the date of the enactment 
    of this Act; or
        (2) June 1, 2005.

SEC. 306. SENSE OF CONGRESS ON AVAILABILITY TO CONGRESS OF INFORMATION 
              ON IRAQ OIL-FOR-FOOD PROGRAM OF THE UNITED NATIONS.

    It is the sense of Congress that the head of each element of the 
intelligence community, including the Central Intelligence Agency, the 
Federal Bureau of Investigation, and the intelligence elements of the 
Department of Defense, the Department of State, and the Department of 
the Treasury should make available to any committee of Congress with 
jurisdiction over matters relating to the Office of the Iraq Oil-for-
Food Program of the United Nations, upon the request of such committee, 
any information and documents in the possession or control of such 
element in connection with any investigation of that Office by such 
committee.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. PERMANENT EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY 
              SEPARATION INCENTIVE PROGRAM.

    (a) In General.--Section 2 of the Central Intelligence Agency 
Voluntary Separation Pay Act (50 U.S.C. 403-4 note) is amended--
        (1) by striking subsection (f); and
        (2) by redesignating subsections (g) and (h) as subsections (f) 
    and (g), respectively.
    (b) Termination of Funds Remittance Requirement.--(1) Section 2 of 
such Act is further amended by striking subsection (i).
    (2) Section 4(a)(2)(B)(ii) of the Federal Workforce Restructuring 
Act of 1994 (5 U.S.C. 8331 note) is amended by striking ``, or section 
2 of the Central Intelligence Agency Voluntary Separation Pay Act 
(Public Law 103-36; 107 Stat. 104)''.

SEC. 402. INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT AUTHORITY.

    The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et 
seq.) is amended by adding at the end the following:


        ``intelligence operations and cover enhancement authority

    ``Sec. 23. (a) Definitions.--In this section--
        ``(1) the term `designated employee' means an employee 
    designated by the Director of the Central Intelligence Agency under 
    subsection (b); and
        ``(2) the term `Federal retirement system' includes the Central 
    Intelligence Agency Retirement and Disability System, and the 
    Federal Employees' Retirement System (including the Thrift Savings 
    Plan).
    ``(b) In General.--
        ``(1) Authority.--Notwithstanding any other provision of law, 
    the Director of the Central Intelligence Agency may exercise the 
    authorities under this section in order to--
            ``(A) protect from unauthorized disclosure--
                ``(i) intelligence operations;
                ``(ii) the identities of undercover intelligence 
            officers;
                ``(iii) intelligence sources and methods; or
                ``(iv) intelligence cover mechanisms; or
            ``(B) meet the special requirements of work related to 
        collection of foreign intelligence or other authorized 
        activities of the Agency.
        ``(2) Designation of employees.--The Director of the Central 
    Intelligence Agency may designate any employee of the Agency who is 
    under nonofficial cover to be an employee to whom this section 
    applies. Such designation may be made with respect to any or all 
    authorities exercised under this section.
    ``(c) Compensation.--The Director of the Central Intelligence 
Agency may pay a designated employee salary, allowances, and other 
benefits in an amount and in a manner consistent with the nonofficial 
cover of that employee, without regard to any limitation that is 
otherwise applicable to a Federal employee. A designated employee may 
accept, utilize, and, to the extent authorized by regulations 
prescribed under subsection (i), retain any salary, allowances, and 
other benefits provided under this section.
    ``(d) Retirement Benefits.--
        ``(1) In general.--The Director of the Central Intelligence 
    Agency may establish and administer a nonofficial cover employee 
    retirement system for designated employees (and the spouse, former 
    spouses, and survivors of such designated employees). A designated 
    employee may not participate in the retirement system established 
    under this paragraph and another Federal retirement system at the 
    same time.
        ``(2) Conversion to other federal retirement system.--
            ``(A) In general.--A designated employee participating in 
        the retirement system established under paragraph (1) may 
        convert to coverage under the Federal retirement system which 
        would otherwise apply to that employee at any appropriate time 
        determined by the Director of the Central Intelligence Agency 
        (including at the time of separation of service by reason of 
        retirement), if the Director of the Central Intelligence Agency 
        determines that the employee's participation in the retirement 
        system established under this subsection is no longer necessary 
        to protect from unauthorized disclosure--
                ``(i) intelligence operations;
                ``(ii) the identities of undercover intelligence 
            officers;
                ``(iii) intelligence sources and methods; or
                ``(iv) intelligence cover mechanisms.
            ``(B) Conversion treatment.--Upon a conversion under this 
        paragraph--
                ``(i) all periods of service under the retirement 
            system established under this subsection shall be deemed 
            periods of creditable service under the applicable Federal 
            retirement system;
                ``(ii) the Director of the Central Intelligence Agency 
            shall transmit an amount for deposit in any applicable fund 
            of that Federal retirement system that--

                    ``(I) is necessary to cover all employee and agency 
                contributions including--

                        ``(aa) interest as determined by the head of 
                    the agency administering the Federal retirement 
                    system into which the employee is converting; or
                        ``(bb) in the case of an employee converting 
                    into the Federal Employees' Retirement System, 
                    interest as determined under section 8334(e) of 
                    title 5, United States Code; and

                    ``(II) ensures that such conversion does not result 
                in any unfunded liability to that fund; and

                ``(iii) in the case of a designated employee who 
            participated in an employee investment retirement system 
            established under paragraph (1) and is converted to 
            coverage under subchapter III of chapter 84 of title 5, 
            United States Code, the Director of the Central 
            Intelligence Agency may transmit any or all amounts of that 
            designated employee in that employee investment retirement 
            system (or similar part of that retirement system) to the 
            Thrift Savings Fund.
            ``(C) Transmitted amounts.--
                ``(i) In general.--Amounts described under subparagraph 
            (B)(ii) shall be paid from the fund or appropriation used 
            to pay the designated employee.
                ``(ii) Offset.--The Director of the Central 
            Intelligence Agency may use amounts contributed by the 
            designated employee to a retirement system established 
            under paragraph (1) to offset amounts paid under clause 
            (i).
            ``(D) Records.--The Director of the Central Intelligence 
        Agency shall transmit all necessary records relating to a 
        designated employee who converts to a Federal retirement system 
        under this paragraph (including records relating to periods of 
        service which are deemed to be periods of creditable service 
        under subparagraph (B)) to the head of the agency administering 
        that Federal retirement system.
    ``(e) Health Insurance Benefits.--
        ``(1) In general.--The Director of the Central Intelligence 
    Agency may establish and administer a nonofficial cover employee 
    health insurance program for designated employees (and the family 
    of such designated employees). A designated employee may not 
    participate in the health insurance program established under this 
    paragraph and the program under chapter 89 of title 5, United 
    States Code, at the same time.
        ``(2) Conversion to federal employees health benefits 
    program.--
            ``(A) In general.--A designated employee participating in 
        the health insurance program established under paragraph (1) 
        may convert to coverage under the program under chapter 89 of 
        title 5, United States Code, at any appropriate time determined 
        by the Director of the Central Intelligence Agency (including 
        at the time of separation of service by reason of retirement), 
        if the Director of the Central Intelligence Agency determines 
        that the employee's participation in the health insurance 
        program established under this subsection is no longer 
        necessary to protect from unauthorized disclosure--
                ``(i) intelligence operations;
                ``(ii) the identities of undercover intelligence 
            officers;
                ``(iii) intelligence sources and methods; or
                ``(iv) intelligence cover mechanisms.
            ``(B) Conversion treatment.--Upon a conversion under this 
        paragraph--
                ``(i) the employee (and family, if applicable) shall be 
            entitled to immediate enrollment and coverage under chapter 
            89 of title 5, United States Code;
                ``(ii) any requirement of prior enrollment in a health 
            benefits plan under chapter 89 of that title for 
            continuation of coverage purposes shall not apply;
                ``(iii) the employee shall be deemed to have had 
            coverage under chapter 89 of that title from the first 
            opportunity to enroll for purposes of continuing coverage 
            as an annuitant; and
                ``(iv) the Director of the Central Intelligence Agency 
            shall transmit an amount for deposit in the Employees' 
            Health Benefits Fund that is necessary to cover any costs 
            of such conversion.
            ``(C) Transmitted amounts.--Any amount described under 
        subparagraph (B)(iv) shall be paid from the fund or 
        appropriation used to pay the designated employee.
    ``(f) Life Insurance Benefits.--
        ``(1) In general.--The Director of the Central Intelligence 
    Agency may establish and administer a nonofficial cover employee 
    life insurance program for designated employees (and the family of 
    such designated employees). A designated employee may not 
    participate in the life insurance program established under this 
    paragraph and the program under chapter 87 of title 5, United 
    States Code, at the same time.
        ``(2) Conversion to federal employees group life insurance 
    program.--
            ``(A) In general.--A designated employee participating in 
        the life insurance program established under paragraph (1) may 
        convert to coverage under the program under chapter 87 of title 
        5, United States Code, at any appropriate time determined by 
        the Director of the Central Intelligence Agency (including at 
        the time of separation of service by reason of retirement), if 
        the Director of the Central Intelligence Agency determines that 
        the employee's participation in the life insurance program 
        established under this subsection is no longer necessary to 
        protect from unauthorized disclosure--
                ``(i) intelligence operations;
                ``(ii) the identities of undercover intelligence 
            officers;
                ``(iii) intelligence sources and methods; or
                ``(iv) intelligence cover mechanisms.
            ``(B) Conversion treatment.--Upon a conversion under this 
        paragraph--
                ``(i) the employee (and family, if applicable) shall be 
            entitled to immediate coverage under chapter 87 of title 5, 
            United States Code;
                ``(ii) any requirement of prior enrollment in a life 
            insurance program under chapter 87 of that title for 
            continuation of coverage purposes shall not apply;
                ``(iii) the employee shall be deemed to have had 
            coverage under chapter 87 of that title for the full period 
            of service during which the employee would have been 
            entitled to be insured for purposes of continuing coverage 
            as an annuitant; and
                ``(iv) the Director of the Central Intelligence Agency 
            shall transmit an amount for deposit in the Employees' Life 
            Insurance Fund that is necessary to cover any costs of such 
            conversion.
            ``(C) Transmitted amounts.--Any amount described under 
        subparagraph (B)(iv) shall be paid from the fund or 
        appropriation used to pay the designated employee.
    ``(g) Exemption From Certain Requirements.--The Director of the 
Central Intelligence Agency may exempt a designated employee from 
mandatory compliance with any Federal regulation, rule, standardized 
administrative policy, process, or procedure that the Director of the 
Central Intelligence Agency determines--
        ``(1) would be inconsistent with the nonofficial cover of that 
    employee; and
        ``(2) could expose that employee to detection as a Federal 
    employee.
    ``(h) Taxation and Social Security.--
        ``(1) In general.--Notwithstanding any other provision of law, 
    a designated employee--
            ``(A) shall file a Federal or State tax return as if that 
        employee is not a Federal employee and may claim and receive 
        the benefit of any exclusion, deduction, tax credit, or other 
        tax treatment that would otherwise apply if that employee was 
        not a Federal employee, if the Director of the Central 
        Intelligence Agency determines that taking any action under 
        this paragraph is necessary to--
                ``(i) protect from unauthorized disclosure--

                    ``(I) intelligence operations;
                    ``(II) the identities of undercover intelligence 
                officers;
                    ``(III) intelligence sources and methods; or
                    ``(IV) intelligence cover mechanisms; and

                ``(ii) meet the special requirements of work related to 
            collection of foreign intelligence or other authorized 
            activities of the Agency; and
            ``(B) shall receive social security benefits based on the 
        social security contributions made.
        ``(2) Internal revenue service review.--The Director of the 
    Central Intelligence Agency shall establish procedures to carry out 
    this subsection. The procedures shall be subject to periodic review 
    by the Internal Revenue Service.
    ``(i) Regulations.--The Director of the Central Intelligence Agency 
shall prescribe regulations to carry out this section. The regulations 
shall ensure that the combination of salary, allowances, and benefits 
that an employee designated under this section may retain does not 
significantly exceed, except to the extent determined by the Director 
of the Central Intelligence Agency to be necessary to exercise the 
authority in subsection (b), the combination of salary, allowances, and 
benefits otherwise received by Federal employees not designated under 
this section.
    ``(j) Finality of Decisions.--Any determinations authorized by this 
section to be made by the Director of the Central Intelligence Agency 
or the Director's designee shall be final and conclusive and shall not 
be subject to review by any court.
    ``(k) Subsequently Enacted Laws.--No law enacted after the 
effective date of this section shall affect the authorities and 
provisions of this section unless such law specifically refers to this 
section.''.

          TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SEC. 501. NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES PANEL.

    The National Security Agency Act of 1959 (50 U.S.C. 402 note) is 
amended by adding at the end the following new section:
    ``Sec. 19. (a) There is established the National Security Agency 
Emerging Technologies Panel. The Panel is a standing panel of the 
National Security Agency. The Panel shall be appointed by, and shall 
report directly to, the Director of the National Security Agency.
    ``(b) The Panel shall study and assess, and periodically advise the 
Director on, the research, development, and application of existing and 
emerging science and technology advances, advances in encryption, and 
other topics.
    ``(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply with respect to the Panel.''.

SEC. 502. USE OF FUNDS FOR COUNTERDRUG AND COUNTERTERRORISM ACTIVITIES 
              FOR COLOMBIA.

    (a) Authority.--Funds designated for intelligence or intelligence-
related purposes for assistance to the Government of Colombia for 
counterdrug activities for fiscal year 2005 or 2006, and any 
unobligated funds available to any element of the intelligence 
community for such activities for a prior fiscal year, shall be 
available--
        (1) to support a unified campaign by the Government of Colombia 
    against narcotics trafficking and against activities by 
    organizations designated as terrorist organizations (such as the 
    Revolutionary Armed Forces of Colombia (FARC), the National 
    Liberation Army (ELN), and the United Self-Defense Forces of 
    Colombia (AUC)); and
        (2) to take actions to protect human health and welfare in 
    emergency circumstances, including the undertaking of rescue 
    operations.
    (b) Applicability of Certain Laws and Limitations.--The use of 
funds pursuant to the authority in subsection (a) shall be subject to 
the following:
        (1) Section 556, 567, and 568 of the Foreign Operations, Export 
    Financing, and Related Programs Appropriations Act, 2002 (Public 
    Law 107-115; 115 Stat. 2160, 2165, and 2166).
        (2) Section 8076 of the Department of Defense Appropriations 
    Act, 2005 (Public Law 108-287; 118 Stat. 988).
        (3) The numerical limitations on the number of United States 
    military personnel and United States individual civilian 
    contractors contained in section 1021(c) of the Ronald W. Reagan 
    National Defense Authorization Act for Fiscal Year 2005 (Public Law 
    108-375; 118 Stat. 2042).
    (c) Limitation on Participation of United States Personnel.--No 
United States Armed Forces personnel or United States civilian 
contractor employed by the United States Armed Forces may participate 
in any combat operation in connection with assistance made available 
under this section, except for the purpose of acting in self defense or 
during the course of search and rescue operations for United States 
citizens.

                          TITLE VI--EDUCATION
            Subtitle A--National Security Education Program

SEC. 601. ANNUAL FUNDING.

    (a) In General.--Section 810 of the David L. Boren National 
Security Education Act of 1991 (50 U.S.C. 1910) is amended by adding at 
the end the following new subsection:
    ``(c) Funding From Intelligence Community Management Account for 
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts 
that may be made available to the Secretary under the Fund for a fiscal 
year, the Director of National Intelligence shall transfer to the 
Secretary from amounts appropriated for the Intelligence Community 
Management Account for each fiscal year, beginning with fiscal year 
2005, $8,000,000 to carry out the scholarship, fellowship, and grant 
programs under subparagraphs (A), (B), and (C), respectively, of 
section 802(a)(1).''.
    (b) Conforming Amendment.--Section 802(a)(2) of that Act (50 U.S.C. 
1902(a)(2)) is amended in the matter preceding subparagraph (A) by 
inserting ``or from a transfer under section 810(c)'' after ``National 
Security Education Trust Fund''.

SEC. 602. IMPROVEMENTS TO NATIONAL FLAGSHIP LANGUAGE INITIATIVE.

    (a) Requirement for Employment Agreements.--(1) Section 802(i) of 
the David L. Boren National Security Education Act of 1991 (50 U.S.C. 
1902(i)) is amended by adding at the end the following new paragraphs:
    ``(5) An undergraduate or graduate student who participates in 
training in a program under paragraph (1) and has not already entered 
into a service agreement under subsection (b) shall enter into a 
service agreement under subsection (b) applicable to an undergraduate 
or graduate student, as the case may be, with respect to participation 
in such training in a program under paragraph (1).
    ``(6)(A) An employee of a department or agency of the Federal 
Government who participates in training in a program under paragraph 
(1) shall agree in writing--
        ``(i) to continue in the service of the department or agency of 
    the Federal Government employing the employee for the period of 
    such training;
        ``(ii) to continue in the service of such department or agency, 
    following completion by the employee of such training, for a period 
    of two years for each year, or part of the year, of such training;
        ``(iii) if, before the completion by the employee of such 
    training, the employment of the employee is terminated by such 
    department or agency due to misconduct by the employee, or by the 
    employee voluntarily, to reimburse the United States for the total 
    cost of such training (excluding the employee's pay and allowances) 
    provided to the employee; and
        ``(iv) if, after the completion by the employee of such 
    training but before the completion by the employee of the period of 
    service required by clause (ii), the employment of the employee by 
    such department or agency is terminated either by such department 
    or agency due to misconduct by the employee, or by the employee 
    voluntarily, to reimburse the United States in an amount that bears 
    the same ratio to the total cost of such training (excluding the 
    employee's pay and allowances) provided to the employee as the 
    unserved portion of such period of service bears to the total 
    period of service required by clause (ii).
    ``(C) Subject to subparagraph (D), the obligation to reimburse the 
United States under an agreement under subparagraph (A) is for all 
purposes a debt owing the United States.
    ``(D) The head of the element of the intelligence community 
concerned may release an employee, in whole or in part, from the 
obligation to reimburse the United States under an agreement under 
subparagraph (A) when, in the discretion of the head of the element, 
the head of the element determines that equity or the interests of the 
United States so require.''.
    (2) The amendment made by paragraph (1) shall apply to training 
under section 802(i) of the David L. Boren National Security Act of 
1991 that begins on or after the date that is 90 days after the date of 
the enactment of this Act.
    (b) Increase in Annual Funding.--Section 811 of that Act (50 U.S.C. 
1911) is amended by striking subsection (b) and inserting the following 
new subsections:
    ``(b) Funding From Intelligence Community Management Account for 
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts 
that may be made available to the Secretary under the Fund for a fiscal 
year, the Director of National Intelligence shall transfer to the 
Secretary from amounts appropriated for the Intelligence Community 
Management Account for each fiscal year, beginning with fiscal year 
2005, $6,000,000 to carry out the grant program for the National 
Flagship Language Initiative under section 802(a)(1)(D).
    ``(c) Availability of Appropriated Funds.--Amounts made available 
under this section shall remain available until expended.''.
    (c) Increase in Number of Participating Educational Institutions.--
The Secretary of Defense shall take such actions as the Secretary 
considers appropriate to increase the number of qualified educational 
institutions that receive grants under the National Flagship Language 
Initiative under section 802(i) of the David L. Boren National Security 
Education Act of 1991 to establish, operate, or improve activities 
designed to train students in programs in a range of disciplines to 
achieve advanced levels of proficiency in those foreign languages that 
the Secretary identifies as being the most critical to the national 
security of the United States.
    (d) Clarification of Authority to Support Studies Abroad.--
Educational institutions that receive grants under the National 
Flagship Language Initiative may support students who pursue total 
immersion foreign language studies overseas of foreign languages that 
are critical to the national security of the United States.

SEC. 603. SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE STUDIES FOR HERITAGE 
              COMMUNITY CITIZENS OF THE UNITED STATES WITHIN NATIONAL 
              SECURITY EDUCATION PROGRAM.

    (a) Scholarship Program.--(1) Subsection (a)(1) of section 802 of 
the David L. Boren National Security Education Act of 1991 (50 U.S.C. 
1902) is amended--
        (A) by striking ``and'' at the end of subparagraph (C);
        (B) by striking the period at the end of subparagraph (D) and 
    inserting ``; and''; and
        (C) by adding at the end the following new subparagraph:
            ``(E) awarding scholarships to students who--
                ``(i) are United States citizens who--

                    ``(I) are native speakers (referred to as `heritage 
                community citizens') of a foreign language that is 
                identified as critical to the national security 
                interests of the United States who should be actively 
                recruited for employment by Federal security agencies 
                with a need for linguists; and
                    ``(II) are not proficient at a professional level 
                in the English language with respect to reading, 
                writing, and other skills required to carry out the 
                national security interests of the United States, as 
                determined by the Secretary,

            to enable such students to pursue English language studies 
            at an institution of higher education of the United States 
            to attain proficiency in those skills; and
                ``(ii) enter into an agreement to work in a position in 
            a similar manner (as determined by the Secretary) as 
            agreements entered into pursuant to subsection 
            (b)(2)(A).''.
    (2) The matter following subsection (a)(2) of such section is 
amended--
        (A) in the first sentence, by inserting ``or for the 
    scholarship program under paragraph (1)(E)'' after ``under 
    paragraph (1)(D) for the National Flagship Language Initiative 
    described in subsection (i)''; and
        (B) by adding at the end the following: ``For the authorization 
    of appropriations for the scholarship program under paragraph 
    (1)(E), see section 812.''.
    (3) Section 803(d)(4)(E) of such Act (50 U.S.C. 1903(d)(4)(E)) is 
amended by inserting before the period the following: ``and section 
802(a)(1)(E) (relating to the scholarship program for advanced English 
language studies by heritage community citizens)''.
    (b) Funding.--The David L. Boren National Security Education Act of 
1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the 
following new section:

``SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR ADVANCED ENGLISH 
              LANGUAGE STUDIES BY HERITAGE COMMUNITY CITIZENS.

    ``(a) Funding From Intelligence Community Management Account.--In 
addition to amounts that may be made available to the Secretary under 
the Fund for a fiscal year, the Director of National Intelligence shall 
transfer to the Secretary from amounts appropriated for the 
Intelligence Community Management Account for each fiscal year, 
beginning with fiscal year 2005, $2,000,000 to carry out the 
scholarship programs for English language studies by certain heritage 
community citizens under section 802(a)(1)(E).
    ``(b) Availability of Funds.--Amounts made available under 
subsection (a) shall remain available until expended.''.

  Subtitle B--Improvement in Intelligence Community Foreign Language 
                                 Skills

SEC. 611. FOREIGN LANGUAGE PROFICIENCY FOR CERTAIN SENIOR LEVEL 
              POSITIONS IN THE CENTRAL INTELLIGENCE AGENCY.

    (a) In General.--Section 104A of the National Security Act of 1947, 
amended by section 1011(a) of the National Security Intelligence Reform 
Act of 2004, is further amended by adding at the end the following new 
subsection:
    ``(g) Foreign Language Proficiency for Certain Senior Level 
Positions in Central Intelligence Agency.--(1) Except as provided 
pursuant to paragraph (2), an individual may not be appointed to a 
position in the Senior Intelligence Service in the Directorate of 
Intelligence or the Directorate of Operations of the Central 
Intelligence Agency unless the Director of the Central Intelligence 
Agency determines that the individual--
        ``(A) has been certified as having a professional speaking and 
    reading proficiency in a foreign language, such proficiency being 
    at least level 3 on the Interagency Language Roundtable Language 
    Skills Level or commensurate proficiency level using such other 
    indicator of proficiency as the Director of the Central 
    Intelligence Agency considers appropriate; and
        ``(B) is able to effectively communicate the priorities of the 
    United States and exercise influence in that foreign language.
    ``(2) The Director of the Central Intelligence Agency may, in the 
discretion of the Director, waive the application of paragraph (1) to 
any position or category of positions otherwise covered by that 
paragraph if the Director determines that foreign language proficiency 
is not necessary for the successful performance of the duties and 
responsibilities of such position or category of positions.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to appointments made on or after the date that is 
one year after the date of the enactment of this Act.
    (c) Report on Waivers.--The Director of the Central Intelligence 
Agency shall submit to Congress a report that identifies positions 
within the Senior Intelligence Service in the Directorate of 
Intelligence or the Directorate of Operations of the Central 
Intelligence Agency that are determined by the Director to require 
waiver from the requirements of section 104A(g) of the National 
Security Act of 1947, as added by subsection (a). The report shall 
include a rationale for any waiver granted under section 104A(g)(2), as 
so added, for each position or category of positions so identified.

SEC. 612. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE INTELLIGENCE 
              COMMUNITY.

    (a) In General.--Title X of the National Security Act of 1947 (50 
U.S.C. 441g) is amended--
        (1) by inserting before section 1001 (50 U.S.C. 441g) the 
    following:

                ``Subtitle A--Science and Technology'';

    and
        (2) by adding at the end the following new subtitles:

                ``Subtitle B--Foreign Languages Program


      ``program on advancement of foreign languages critical to the 
                         intelligence community

    ``Sec. 1011. (a) In General.--The Secretary of Defense and the 
Director of National Intelligence may jointly carry out a program to 
advance skills in foreign languages that are critical to the capability 
of the intelligence community to carry out the national security 
activities of the United States (hereinafter in this subtitle referred 
to as the `Foreign Languages Program').
    ``(b) Identification of Requisite Actions.--In order to carry out 
the Foreign Languages Program, the Secretary of Defense and the 
Director of National Intelligence shall jointly identify actions 
required to improve the education of personnel in the intelligence 
community in foreign languages that are critical to the capability of 
the intelligence community to carry out the national security 
activities of the United States and to meet the long-term intelligence 
needs of the United States.


                         ``education partnerships

    ``Sec. 1012. (a) In General.--In carrying out the Foreign Languages 
Program, the head of a covered element of the intelligence community 
may enter into one or more education partnership agreements with 
educational institutions in the United States in order to encourage and 
enhance the study in such educational institutions of foreign languages 
that are critical to the capability of the intelligence community to 
carry out the national security activities of the United States.
    ``(b) Assistance Provided Under Educational Partnership 
Agreements.--Under an educational partnership agreement entered into 
with an educational institution pursuant to this section, the head of a 
covered element of the intelligence community may provide the following 
assistance to the educational institution:
        ``(1) The loan of equipment and instructional materials of the 
    element of the intelligence community to the educational 
    institution for any purpose and duration that the head of the 
    element considers appropriate.
        ``(2) Notwithstanding any other provision of law relating to 
    the transfer of surplus property, the transfer to the educational 
    institution of any computer equipment, or other equipment, that 
    is--
            ``(A) commonly used by educational institutions;
            ``(B) surplus to the needs of the element of the 
        intelligence community; and
            ``(C) determined by the head of the element to be 
        appropriate for support of such agreement.
        ``(3) The provision of dedicated personnel to the educational 
    institution--
            ``(A) to teach courses in foreign languages that are 
        critical to the capability of the intelligence community to 
        carry out the national security activities of the United 
        States; or
            ``(B) to assist in the development for the educational 
        institution of courses and materials on such languages.
        ``(4) The involvement of faculty and students of the 
    educational institution in research projects of the element of the 
    intelligence community.
        ``(5) Cooperation with the educational institution in 
    developing a program under which students receive academic credit 
    at the educational institution for work on research projects of the 
    element of the intelligence community.
        ``(6) The provision of academic and career advice and 
    assistance to students of the educational institution.
        ``(7) The provision of cash awards and other items that the 
    head of the element of the intelligence community considers 
    appropriate.


                           ``voluntary services

    ``Sec. 1013. (a) Authority To Accept Services.--Notwithstanding 
section 1342 of title 31, United States Code, and subject to subsection 
(b), the Foreign Languages Program under section 1011 shall include 
authority for the head of a covered element of the intelligence 
community to accept from any dedicated personnel voluntary services in 
support of the activities authorized by this subtitle.
    ``(b) Requirements and Limitations.--(1) In accepting voluntary 
services from an individual under subsection (a), the head of a covered 
element of the intelligence community shall--
        ``(A) supervise the individual to the same extent as the head 
    of the element would supervise a compensated employee of that 
    element providing similar services; and
        ``(B) ensure that the individual is licensed, privileged, has 
    appropriate educational or experiential credentials, or is 
    otherwise qualified under applicable law or regulations to provide 
    such services.
    ``(2) In accepting voluntary services from an individual under 
subsection (a), the head of a covered element of the intelligence 
community may not--
        ``(A) place the individual in a policymaking position, or other 
    position performing inherently governmental functions; or
        ``(B) compensate the individual for the provision of such 
    services.
    ``(c) Authority To Recruit and Train Individuals Providing 
Services.--The head of a covered element of the intelligence community 
may recruit and train individuals to provide voluntary services under 
subsection (a).
    ``(d) Status of Individuals Providing Services.--(1) Subject to 
paragraph (2), while providing voluntary services under subsection (a) 
or receiving training under subsection (c), an individual shall be 
considered to be an employee of the Federal Government only for 
purposes of the following provisions of law:
        ``(A) Section 552a of title 5, United States Code (relating to 
    maintenance of records on individuals).
        ``(B) Chapter 11 of title 18, United States Code (relating to 
    conflicts of interest).
    ``(2)(A) With respect to voluntary services under paragraph (1) 
provided by an individual that are within the scope of the services 
accepted under that paragraph, the individual shall be deemed to be a 
volunteer of a governmental entity or nonprofit institution for 
purposes of the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et 
seq.).
    ``(B) In the case of any claim against such an individual with 
respect to the provision of such services, section 4(d) of such Act (42 
U.S.C. 14503(d)) shall not apply.
    ``(3) Acceptance of voluntary services under this section shall 
have no bearing on the issuance or renewal of a security clearance.
    ``(e) Reimbursement of Incidental Expenses.--(1) The head of a 
covered element of the intelligence community may reimburse an 
individual for incidental expenses incurred by the individual in 
providing voluntary services under subsection (a). The head of a 
covered element of the intelligence community shall determine which 
expenses are eligible for reimbursement under this subsection.
    ``(2) Reimbursement under paragraph (1) may be made from 
appropriated or nonappropriated funds.
    ``(f) Authority To Install Equipment.--(1) The head of a covered 
element of the intelligence community may install telephone lines and 
any necessary telecommunication equipment in the private residences of 
individuals who provide voluntary services under subsection (a).
    ``(2) The head of a covered element of the intelligence community 
may pay the charges incurred for the use of equipment installed under 
paragraph (1) for authorized purposes.
    ``(3) Notwithstanding section 1348 of title 31, United States Code, 
the head of a covered element of the intelligence community may use 
appropriated funds or nonappropriated funds of the element in carrying 
out this subsection.


                              ``regulations

    ``Sec. 1014. (a) In General.--The Secretary of Defense and the 
Director of National Intelligence shall jointly prescribe regulations 
to carry out the Foreign Languages Program.
    ``(b) Elements of the Intelligence Community.--The head of each 
covered element of the intelligence community shall prescribe 
regulations to carry out sections 1012 and 1013 with respect to that 
element including the following:
        ``(1) Procedures to be utilized for the acceptance of voluntary 
    services under section 1013.
        ``(2) Procedures and requirements relating to the installation 
    of equipment under section 1013(f).


                              ``Definitions

    ``Sec. 1015. In this subtitle:
        ``(1) The term `covered element of the intelligence community' 
    means an agency, office, bureau, or element referred to in 
    subparagraphs (B) through (L) of section 3(4).
        ``(2) The term `educational institution' means--
            ``(A) a local educational agency (as that term is defined 
        in section 9101(26) of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801(26)));
            ``(B) an institution of higher education (as defined in 
        section 102 of the Higher Education Act of 1965 (20 U.S.C. 
        1002) other than institutions referred to in subsection 
        (a)(1)(C) of such section); or
            ``(C) any other nonprofit institution that provides 
        instruction of foreign languages in languages that are critical 
        to the capability of the intelligence community to carry out 
        national security activities of the United States.
        ``(3) The term `dedicated personnel' means employees of the 
    intelligence community and private citizens (including former 
    civilian employees of the Federal Government who have been 
    voluntarily separated, and members of the United States Armed 
    Forces who have been honorably discharged, honorably separated, or 
    generally discharged under honorable circumstances and rehired on a 
    voluntary basis specifically to perform the activities authorized 
    under this subtitle).

             ``Subtitle C--Additional Education Provisions


  ``assignment of intelligence community personnel as language students

    ``Sec. 1021. (a) In General.--The Director of National 
Intelligence, acting through the heads of the elements of the 
intelligence community, may assign employees of such elements in 
analyst positions requiring foreign language expertise as students at 
accredited professional, technical, or other institutions of higher 
education for training at the graduate or undergraduate level in 
foreign languages required for the conduct of duties and 
responsibilities of such positions.
    ``(b) Authority for Reimbursement of Costs of Tuition and 
Training.--(1) The Director of National Intelligence may reimburse an 
employee assigned under subsection (a) for the total cost of the 
training described in that subsection, including costs of educational 
and supplementary reading materials.
    ``(2) The authority under paragraph (1) shall apply to employees 
who are assigned on a full-time or part-time basis.
    ``(3) Reimbursement under paragraph (1) may be made from 
appropriated or nonappropriated funds.
    ``(c) Relationship to Compensation as an Analyst.--Reimbursement 
under this section to an employee who is an analyst is in addition to 
any benefits, allowances, travel expenses, or other compensation the 
employee is entitled to by reason of serving in such an analyst 
position.''.
    (b) Clerical Amendment.--The table of contents for the National 
Security Act of 1947 is amended by striking the item relating to 
section 1001 and inserting the following new items:

                  ``Subtitle A--Science and Technology

``Sec. 1001. Scholarships and work-study for pursuit of graduate degrees 
          in science and technology.

                 ``Subtitle B--Foreign Languages Program

``Sec. 1011. Program on advancement of foreign languages critical to the 
          intelligence community.
``Sec. 1012. Education partnerships.
``Sec. 1013. Voluntary services.
``Sec. 1014. Regulations.
``Sec. 1015. Definitions.

              ``Subtitle C--Additional Education Provisions

``Sec. 1021. Assignment of intelligence community personnel as language 
          students.''.

SEC. 613. PILOT PROJECT ON CIVILIAN LINGUIST RESERVE CORPS.

    (a) Pilot Project.--The Director of National Intelligence shall 
conduct a pilot project to assess the feasibility and advisability of 
establishing a Civilian Linguist Reserve Corps comprised of United 
States citizens with advanced levels of proficiency in foreign 
languages who would be available upon the call of the Director to 
perform such service or duties with respect to such foreign languages 
in the intelligence community as the Director may specify.
    (b) Conduct of Project.--Taking into account the findings and 
recommendations contained in the report required under section 325 of 
the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
107-306; 116 Stat. 2393), in conducting the pilot project under 
subsection (a) the Director of National Intelligence shall--
        (1) identify several foreign languages that are critical for 
    the national security of the United States;
        (2) identify United States citizens with advanced levels of 
    proficiency in the foreign languages identified under paragraph (1) 
    who would be available to perform the services and duties referred 
    to in subsection (a); and
        (3) when considered necessary by the Director, implement a call 
    for the performance of such services and duties.
    (c) Duration of Project.--The pilot project under subsection (a) 
shall be conducted for a three-year period.
    (d) Authority To Enter Into Contracts.--The Director of National 
Intelligence may enter into contracts with appropriate agencies or 
entities to carry out the pilot project under subsection (a).
    (e) Reports.--(1) The Director of National Intelligence shall 
submit to Congress an initial and a final report on the pilot project 
conducted under subsection (a).
    (2) Each report required under paragraph (1) shall contain 
information on the operation of the pilot project, the success of the 
pilot project in carrying out the objectives of the establishment of a 
Civilian Linguist Reserve Corps, and recommendations for the 
continuation or expansion of the pilot project.
    (3) The final report shall be submitted not later than six months 
after the completion of the pilot project.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Director of National Intelligence for each of 
fiscal years 2005, 2006, and 2007 in order to carry out the pilot 
project under subsection (a) such sums as are specified in the 
classified Schedule of Authorizations referred to in section 102.

SEC. 614. REPORT ON STATUS, CONSOLIDATION, AND IMPROVEMENT OF 
              INTELLIGENCE EDUCATION PROGRAMS.

    (a) Report.--Not later than June 1, 2005, the Director of National 
Intelligence shall submit to Congress a report setting forth--
        (1) the status of each intelligence education program, 
    including the statutory, regulatory, or administrative authority 
    under which such program is carried out; and
        (2) such recommendations as the Director considers appropriate 
    for legislative or administrative action to consolidate, enhance 
    the coordination of, or otherwise improve such intelligence 
    education programs.
    (b) Intelligence Education Program Defined.--In this section, the 
term ``intelligence education program'' means any grant, scholarship, 
education, or similar program (whether authorized by statute, 
regulation, or administrative order) that--
        (1) is supported, funded, or carried out by a department, 
    agency, or element of the intelligence community; or
        (2) is otherwise intended to aid in the recruitment, retention, 
    or training of intelligence community personnel.

SEC. 615. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED INSTRUCTORS 
              OF THE DEFENSE LANGUAGE INSTITUTE.

    (a) Study.--The Secretary of Defense shall conduct a study on 
mechanisms to improve the recruitment and retention of qualified 
foreign language instructors at the Foreign Language Center of the 
Defense Language Institute. In conducting the study, the Secretary 
shall consider, in the case of a foreign language instructor who is an 
alien, the appropriateness of expeditious adjustment of the status of 
the alien under applicable immigration law from a temporary status to 
that of an alien lawfully admitted for permanent residence.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
appropriate congressional committees a report on the study conducted 
under subsection (a). The report shall include such recommendations for 
such legislative or administrative action as the Secretary considers 
appropriate.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
        (1) the Select Committee on Intelligence and the Committee on 
    Armed Services of the Senate; and
        (2) the Permanent Select Committee on Intelligence and the 
    Committee on Armed Services of the House of Representatives.

                      TITLE VII--TERRORISM MATTERS

SEC. 701. INFORMATION ON TERRORIST GROUPS THAT SEEK WEAPONS OF MASS 
              DESTRUCTION AND GROUPS THAT HAVE BEEN DESIGNATED AS 
              FOREIGN TERRORIST ORGANIZATIONS.

    (a) Inclusion in Reports.--Section 140 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is 
amended--
        (1) in subsection (a)(2)--
            (A) by inserting ``any terrorist group known to have 
        obtained or developed, or to have attempted to obtain or 
        develop, weapons of mass destruction,'' after ``during the 
        preceding five years,''; and
            (B) by inserting ``any group designated by the Secretary as 
        a foreign terrorist organization under section 219 of the 
        Immigration and Nationality Act (8 U.S.C. 1189),'' after 
        ``Export Administration Act of 1979,'';
        (2) in subsection (b)--
            (A) in paragraph (1)(C)--
                (i) in clause (iii), by striking ``and'' at the end;
                (ii) by redesignating clause (iv) as clause (v); and
                (iii) by inserting after clause (iii) the following new 
            clause (iv):
                ``(iv) providing weapons of mass destruction, or 
            assistance in obtaining or developing such weapons, to 
            terrorists or terrorist groups;'';
            (B) in paragraph (2)--
                (i) by redesignating subparagraphs (C), (D), and (E) as 
            subparagraphs (D), (E), and (F), respectively;
                (ii) by inserting after subparagraph (B) the following 
            new subparagraph (C):
            ``(C) efforts by those groups to obtain or develop weapons 
        of mass destruction;''; and
                (iii) in subparagraph (F), as so redesignated, by 
            striking the period and inserting a semicolon; and
            (C) by adding at the end the following new paragraphs:
        ``(3) to the extent practicable, complete statistical 
    information on the number of individuals, including United States 
    citizens and dual nationals, killed, injured, or kidnapped by each 
    terrorist group during the preceding calendar year; and
        ``(4) an analysis, as appropriate, of trends in international 
    terrorism, including changes in technology used, methods and 
    targets of attack, demographic information on terrorists, and other 
    appropriate information.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply beginning with the first report under section 140 of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 that is 
submitted more than one year after the date of the enactment of this 
Act.

                       TITLE VIII--OTHER MATTERS

SEC. 801. EFFECTIVE DATE.

    Except as otherwise expressly provided in this Act, this Act (and 
the amendments made by this Act) shall take effect on the date of the 
enactment of this Act.

SEC. 802. CONSTRUCTION OF REFERENCES TO DIRECTOR OF CENTRAL 
              INTELLIGENCE.

    Except as otherwise specifically provided or otherwise provided by 
context, any reference in this Act, or in the classified annex to 
accompany this Act, to the Director of Central Intelligence shall be 
deemed to be a reference to the Director of Central Intelligence as 
head of the intelligence community.

SEC. 803. SAVINGS PROVISIONS RELATING TO DISCHARGE OF CERTAIN FUNCTIONS 
              AND AUTHORITIES.

    (a) Head of Intelligence Community.--(1) During the period 
beginning on the date of the enactment of this Act and ending on the 
date of the appointment of the Director of National Intelligence under 
section 102 of the National Security Act of 1947, as amended by section 
1011(a) of the National Security Intelligence Reform Act of 2004, the 
Director of Central Intelligence may, acting as the head of the 
intelligence community, discharge the functions and authorities 
provided in this Act, and the amendments made by this Act, to the 
Director of National Intelligence.
    (2) During the period referred to in paragraph (1) any reference in 
this Act or the amendments made by this Act to the Director of National 
Intelligence shall be considered to be a reference to the Director of 
Central Intelligence, as the head of the intelligence community.
    (3) Upon the appointment of an individual as Director of National 
Intelligence under section 102 of the National Security Act of 1947, as 
so amended, any reference in this Act, or in the classified annex to 
accompany this Act, to the Director of Central Intelligence as head of 
the intelligence community shall be deemed to be a reference to the 
Director of National Intelligence.
    (b) Head of Central Intelligence Agency.--(1) During the period 
beginning on the date of the enactment of this Act and ending on the 
date of the appointment of the Director of the Central Intelligence 
Agency under section 104A of the National Security Act of 1947, as 
amended by section 1011(a) of the National Security Intelligence Reform 
Act of 2004, the Director of Central Intelligence may, acting as the 
head of the Central Intelligence Agency, discharge the functions and 
authorities provided in this Act, and the amendments made by this Act, 
to the Director of the Central Intelligence Agency.
    (2) Upon the appointment of an individual as Director of the 
Central Intelligence Agency under section 104A of the National Security 
Act of 1947, as so amended, any reference in this Act, or in the 
classified annex to accompany this Act, to the Director of Central 
Intelligence as head of the Central Intelligence Agency shall be deemed 
to be a reference to the Director of the Central Intelligence Agency.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.