[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4548 Reported in House (RH)]






                                                 Union Calendar No. 324
108th CONGRESS
  2d Session
                                H. R. 4548

                          [Report No. 108-558]

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2004

   Mr. Goss introduced the following bill; which was referred to the 
          Select Committee on Intelligence (Permanent Select)

                             June 21, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               14, 2004]

_______________________________________________________________________

                                 A BILL


 
 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.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act 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.

 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. Assistant Director of Central Intelligence for Information 
                            Management.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Permanent extension of Central Intelligence Agency voluntary 
                            separation incentive program.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. National Security Agency Emerging Technologies Panel.

                          TITLE VI--EDUCATION

            Subtitle A--National Security Education Program

Sec. 601. Provision for annual funding.
Sec. 602. Modification of obligated service requirements under the 
                            National Security Education Program.
Sec. 603. Improvements to the National Flagship Language Initiative.
Sec. 604. Establishment of scholarship program for English language 
                            studies for heritage community citizens of 
                            the United States within the National 
                            Security Education Program.

  Subtitle B--Improvement in Intelligence Community Foreign Language 
                                 Skills

Sec. 611. Assistant Director of Central Intelligence for Language and 
                            Education.
Sec. 612. Requirement for foreign language proficiency for advancement 
                            to certain senior level positions in the 
                            intelligence community.
Sec. 613. Advancement of foreign languages critical to the intelligence 
                            community.
Sec. 614. Pilot project for Civilian Linguist Reserve Corps.
Sec. 615. Codification of establishment of the National Virtual 
                            Translation Center.
Sec. 616. Report on recruitment and retention of qualified instructors 
                            of the Defense Language Institute.

                    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 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 Central 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 2005 under section 102 when 
the Director of Central Intelligence determines that such action is 
necessary to the performance of important intelligence functions.
    (b) Notice to Intelligence Committees.--The Director of Central 
Intelligence shall notify promptly the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate 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 Central Intelligence for fiscal year 2005 the sum of 
$318,395,000. 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 Central 
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 Central Intelligence.
    (e) National Drug Intelligence Center.--
            (1) In general.--Of the amount authorized to be 
        appropriated in subsection (a), $29,811,000 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 Central 
        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.

 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. ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE FOR INFORMATION 
              MANAGEMENT.

    (a) Establishment of Position Within the Office of the Director of 
Central Intelligence.--Subsection (e)(2) of section 102 of the National 
Security Act of 1947 (50 U.S.C. 403) is amended--
            (1) by striking subparagraph (G); and
            (2) by inserting after subparagraph (F) the following new 
        subparagraph (G):
            ``(G) The Assistant Director of Central Intelligence for 
        Information Management.''.
    (b) Duties.--Section 102 of such Act (50 U.S.C. 403) is amended--
            (1) by striking subsection (h); and
            (2) by inserting after subsection (g) the following new 
        subsection (h):
    ``(h) Assistant Director of Central Intelligence for Information 
Management.--(1) To assist the Director of Central Intelligence in 
carrying out the Director's responsibilities under this Act, there 
shall be an Assistant Director of Central Intelligence for Information 
Management who shall be appointed by the President, by and with the 
advice and consent of the Senate. The Assistant Director of Central 
Intelligence for Information Management is the chief information 
officer of the intelligence community.
    ``(2) Subject to the direction of the Director of Central 
Intelligence, the Assistant Director of Central Intelligence for 
Information Management shall--
            ``(A) manage activities relating to the information 
        technology infrastructure and enterprise architecture 
        requirements of the intelligence community;
            ``(B) have procurement approval authority over all 
        information technology items related to the enterprise 
        architectures of all intelligence community components;
            ``(C) direct and manage all information technology-related 
        procurement for the intelligence community; and
            ``(D) 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 of Central 
        Intelligence for such architecture.
    ``(3) An individual serving in the position of Assistant Director 
of Central Intelligence for Information Management may not, while so 
serving, serve as the chief information officer of any other agency or 
department, or component thereof, of the United States.''.
    (c) References.--Any reference to the Assistant Director of Central 
Intelligence for Administration in any law, regulation, document, 
paper, or other record of the United States shall be deemed to be a 
reference to the Assistant Director of Central Intelligence for 
Information Management.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

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

    (a) Extension of Program.--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 (50 U.S.C. 403-4 note) 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)''.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

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.
    ``(b) The National Security Agency Emerging Technologies 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 on encryption, and other topics.
    ``(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply with respect to the National Security Agency Emerging 
Technologies Panel.''.

                          TITLE VI--EDUCATION

            Subtitle A--National Security Education Program

SEC. 601. PROVISION FOR ANNUAL FUNDING.

    (a) In General.--Title VIII of the Intelligence Authorization Act 
for Fiscal Year 1992 (Public Law 102-183; 105 Stat. 1271), as amended 
by section 311(c) of the Intelligence Authorization Act for Fiscal Year 
1994 (Public Law 103-178; 107 Stat. 2037), is amended by adding at the 
end of section 810 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 Central 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 such 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. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER THE 
              NATIONAL SECURITY EDUCATION PROGRAM.

    (a) In General.--Subsection (b)(2) of section 802 of title VIII of 
the Intelligence Authorization Act for Fiscal Year 1992 (Public Law 
102-183; 105 Stat. 1273), as amended by section 925(a) of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 
Stat. 1578), is amended by striking subparagraphs (A) and (B), and 
inserting the following:
                    ``(A) in the case of a recipient of a scholarship, 
                as soon as practicable but in no case later than three 
                years after the completion by the recipient of the 
                study for which scholarship assistance was provided 
                under the program, the recipient shall work for a 
                period of one year--
                            ``(i) in a national security position that 
                        the Secretary certifies is appropriate to use 
                        the unique language and region expertise 
                        acquired by the recipient pursuant to such 
                        study in the Department of Defense, in any 
                        element of the intelligence community, in the 
                        Department of Homeland Security, or in the 
                        Department of State; or
                            ``(ii) in such a position in any other 
                        Federal department or agency not referred to in 
                        clause (i) if the recipient demonstrates to the 
                        Secretary that no position is available in a 
                        Federal department or agency specified in 
                        clause (i); or
                    ``(B) in the case of a recipient of a fellowship, 
                as soon as practicable but in no case later than two 
                years after the completion by the recipient of the 
                study for which fellowship assistance was provided 
                under the program, the recipient shall work for a 
                period equal to the duration of assistance provided 
                under the program, but in no case less than one year--
                            ``(i) in a position described in 
                        subparagraph (A)(i) that the Secretary 
                        certifies is appropriate to use the unique 
                        language and region expertise acquired by the 
                        recipient pursuant to such study; or
                            ``(ii) in such a position in any other 
                        Federal department or agency not referred to in 
                        clause (i) if the recipient demonstrates to the 
                        Secretary that no position is available in a 
                        Federal department or agency specified in 
                        clause (i); and''.
    (b) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out the amendment made by subsection (a). In 
prescribing such regulations, the Secretary shall establish standards 
that recipients of scholarship and fellowship assistance under the 
program under such section 802 are required to demonstrate to satisfy 
the requirement of a good faith effort to gain employment as required 
under subparagraphs (A) and (B) of subsection (b)(2) of such section.
    (c) Applicability.--(1) The amendment made by subsection (a) shall 
apply with respect to service agreements entered into under the David 
L. Boren National Security Education Act of 1991 on or after the date 
of the enactment of this Act.
    (2) The amendment made by subsection (a) shall not affect the 
force, validity, or terms of any service agreement entered into under 
the David L. Boren National Security Education Act of 1991 before the 
date of the enactment of this Act that is in force as of that date.

SEC. 603. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.

    (a) Increase in Annual Funding.--Title VIII of the Intelligence 
Authorization Act for Fiscal Year 1992 (Public Law 102-183; 105 Stat. 
1271), as amended by section 311(c) of the Intelligence Authorization 
Act for Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2037) and by 
section 333(b) of the Intelligence Authorization Act for Fiscal Year 
2003 (Public Law 107-306; 116 Stat. 2397), is amended by striking 
section 811 and inserting the following new section 811:

``SEC. 811. FUNDING FOR THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.

    ``(a) Authorization of Appropriations for Fiscal Years 2003 and 
2004.--In addition to amounts that may be made available to the 
Secretary under the Fund for a fiscal year, there is authorized to be 
appropriated to the Secretary for each fiscal year, beginning with 
fiscal year 2003, $10,000,000, to carry out the grant program for the 
National Flagship Language Initiative under section 802(a)(1)(D).
    ``(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 Central Intelligence shall transfer to the 
Secretary from amounts appropriated for the Intelligence Community 
Management Account for each fiscal year, beginning with fiscal year 
2005, $12,000,000, 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.''.
    (b) 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 paragraph:
    ``(5)(A) In the case of an undergraduate or graduate student that 
participates in training in programs under paragraph (1), the student 
shall enter into an agreement described in subsection (b), other than 
such a student who has entered into such an agreement pursuant to 
subparagraph (A)(ii) or (B)(ii) of section 802(a)(1).
    ``(B) In the case of an employee of an agency or department of the 
Federal Government that participates in training in programs under 
paragraph (1), the employee shall agree in writing--
            ``(i) to continue in the service of the agency or 
        department of the Federal Government employing the employee for 
        the period of such training;
            ``(ii) to continue in the service of such agency or 
        department employing the employee following completion of such 
        training for a period of two years for each year, or part of 
        the year, of such training;
            ``(iii) to reimburse the United States for the total cost 
        of such training (excluding the employee's pay and allowances) 
        provided to the employee if, before the completion by the 
        employee of the training, the employment of the employee by the 
        agency or department is terminated due to misconduct by the 
        employee or by the employee voluntarily; and
            ``(iv) to reimburse the United States if, after completing 
        such training, the employment of the employee by the agency or 
        department is terminated either by the agency or department due 
        to misconduct by the employee or by the employee voluntarily, 
        before the completion by the employee of the period of service 
        required in clause (ii), in an amount that bears the same ratio 
        to the total cost of the 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 under 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 an element of the intelligence community 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 
that begins on or after the date that is 90 days after the date of the 
enactment of this Act.
    (c) Increase in the Number of Participating Educational 
Institutions.--The Secretary of Defense shall take such steps as the 
Secretary determines will increase the number of qualified educational 
institutions that receive grants under the National Flagship Language 
Initiative 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 in the interests of 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. 604. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE 
              STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED 
              STATES WITHIN THE NATIONAL SECURITY EDUCATION PROGRAM.

    (a) Scholarship Program for English Language Studies for Heritage 
Community Citizens of the United States.--(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 (commonly 
                                referred to as heritage community 
                                residents) 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 interpersonal 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 
                        national security position or work in the field 
                        of education in the area of study for which the 
                        scholarship was awarded 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 scholarship programs for advanced English 
language studies by heritage community residents)''.
    (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 CERTAIN HERITAGE 
              COMMUNITY RESIDENTS.

    ``(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 Central Intelligence shall 
transfer to the Secretary from amounts appropriated for the 
Intelligence Community Management Account for each fiscal year, 
beginning with fiscal year 2005, $4,000,000, to carry out the 
scholarship programs for English language studies by certain heritage 
community residents 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. ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE FOR LANGUAGE AND 
              EDUCATION.

    (a) In General.--Section 102 of the National Security Act of 1947 
(50 U.S.C. 403) is amended--
            (1) by adding at the end the following new subsection:
    ``(i) Assistant Director of Central Intelligence for Language and 
Education.--(1) To assist the Director of Central Intelligence in 
carrying out the Director's responsibilities under this Act, there 
shall be an Assistant Director of Central Intelligence for Language and 
Education who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    ``(2) The Assistant Director of Central Intelligence for Language 
and Education shall carry out the following duties:
            ``(A) Overseeing and coordinating requirements for foreign 
        language education and training of the intelligence community.
            ``(B) Establishing policy, standards, and priorities 
        relating to such requirements.
            ``(C) Identifying languages that are critical to the 
        capability of the intelligence community to carry out national 
        security activities of the United States.
            ``(D) Monitoring the allocation of resources for foreign 
        language education and training in order to ensure the 
        requirements of the intelligence community with respect to 
        foreign language proficiency are met.'';
            (2) in subsection (d)(2) by adding at the end the 
        following:
            ``(E) Through the Assistant Director of Central 
        Intelligence for Language and Education, ensuring the foreign 
        language education and training requirements of the 
        intelligence community are met.''; and
            (3) in subsection (e)(2)--
                    (A) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (B) by inserting after subparagraph (G) the 
                following new subparagraph (H):
            ``(H) The Assistant Director of Central Intelligence for 
        Education and Language.''.
    (b) Reports.--Not later than 1 year after the date on which the 
Assistant Director of Central Intelligence for Language and Education 
is first appointed under section 102(i) of the National Security Act of 
1947, as added by subsection (a), the Assistant Director shall submit 
to Congress the following reports:
            (1) A report that identifies--
                    (A) skills and processes involved in learning a 
                foreign language; and
                    (B) characteristics and teaching techniques that 
                are most effective in teaching foreign languages.
            (2)(A) A report that identifies foreign language heritage 
        communities, particularly such communities that include 
        speakers of languages that are critical to the national 
        security of the United States.
            (B) For purposes of subparagraph (A), the term ``foreign 
        language heritage community'' means a community of residents or 
        citizens of the United States--
                    (i) who are native speakers of, or who have fluency 
                in, a foreign language; and
                    (ii) who should be actively recruited for 
                employment by Federal security agencies with a need for 
                linguists.
            (3) A report on--
                    (A) the estimated cost of establishing a program 
                under which the heads of elements of the intelligence 
                community agree to repay employees of the intelligence 
                community for any student loan taken out by that 
                employee for the study of foreign languages critical 
                for the national security of the United States; and
                    (B) the effectiveness of such a program in 
                recruiting and retaining highly qualified personnel in 
                the intelligence community.

SEC. 612. REQUIREMENT FOR FOREIGN LANGUAGE PROFICIENCY FOR ADVANCEMENT 
              TO CERTAIN SENIOR LEVEL POSITIONS IN THE INTELLIGENCE 
              COMMUNITY.

    (a) In General.--Section 104 of the National Security Act of 1947 
(50 U.S.C. 403-4) is amended by adding at the end the following new 
subsection:
    ``(i) Requirement for Foreign Language Proficiency for Certain 
Senior Level Positions in the Central Intelligence Agency.--(1) 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 Central Intelligence 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 on such 
        other indicator of proficiency as the Director determines to be 
        appropriate; and
            ``(B) is able to effectively communicate the priorities of 
        the United States and exercise influence in that foreign 
        language.
    ``(2) The Director shall carry out this subsection through the 
Assistant Director of Central Intelligence for Language and 
Education.''.
    (b) Conforming Amendment.--Subsection (i) of section 102 of the 
National Security Act of 1947 (50 U.S.C. 403), as added by section 
611(a), is amended in paragraph (2) by adding at the end the following 
new subparagraph:
            ``(E) Making determinations under section 104(i).''.
    (c) Effective Date.--The amendments made by this section 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.
    (d) Report on Exceptions.--The Director of Central Intelligence 
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 
should be exempt from the requirements of section 104(i) of the 
National Security Act of 1947, as added by subsection (a), and that 
includes the rationale for the exemption of each such position 
identified by the Director.

SEC. 613. 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.) 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) Establishment of Program.--The Secretary of 
Defense and the Director of Central Intelligence may jointly establish 
a program to advance foreign languages skills in languages that are 
critical to the capability of the intelligence community to carry out 
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 Central Intelligence shall jointly determine 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 national security activities of 
the United States 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 an element of an intelligence community entity may 
enter into one or more education partnership agreements with 
educational institutions in the United States in order to encourage and 
enhance the study of foreign languages that are critical to the 
capability of the intelligence community to carry out national security 
activities of the United States in educational institutions.
    ``(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 
an element of an intelligence community entity may provide the 
following assistance to the educational institution:
            ``(1) The loan of equipment and instructional materials of 
        the element of the intelligence community entity to the 
        educational institution for any purpose and duration that the 
        head determines to be appropriate.
            ``(2) Notwithstanding any other provision of law relating 
        to transfers 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 entity; 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 national security activities of 
                the United States; or
                    ``(B) to assist in the development of such courses 
                and materials for the institution.
            ``(4) The involvement of faculty and students of the 
        educational institution in research projects of the element of 
        the intelligence community entity.
            ``(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 entity.
            ``(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 entity 
        determines to be 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 an element of an intelligence community 
entity to accept from any individual who is dedicated personnel (as 
defined in section 1016(3)) 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 the 
element 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 an element of the intelligence community 
entity may not--
            ``(A) place the individual in a policymaking position, or 
        other position performing inherently government functions; or
            ``(B) except as provided in subsection (e), compensate the 
        individual for the provision of such services.
    ``(c) Authority To Recruit and Train Individuals Providing 
Services.--The head of an element of an intelligence community entity 
may recruit and train individuals to provide voluntary services 
accepted under subsection (a).
    ``(d) Status of Individuals Providing Services.--(1) Subject to 
paragraph (2), while providing voluntary services accepted 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) Subchapter I of chapter 81 of title 5, United States 
        Code (relating to compensation for work-related injuries).
            ``(B) Section 552a of title 5, United States Code (relating 
        to maintenance of records on individuals).
            ``(C) Chapter 11 of title 18, United States Code (relating 
        to conflicts of interest).
    ``(2)(A) With respect to voluntary services accepted under 
paragraph (1) provided by an individual that are within the scope of 
the services so accepted, the individual is 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) Compensation for Work-Related Injuries.--For purposes of 
determining the compensation for work-related injuries payable under 
chapter 81 of title 5, United States Code, to an individual providing 
voluntary services accepted under subsection (a), the monthly pay of 
the individual for such services is deemed to be equal to the amount 
determined by multiplying--
            ``(1) the average monthly number of hours that the 
        individual provided the services, by
            ``(2) the minimum wage determined in accordance with 
        section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 206(a)(1)).
    ``(f) Reimbursement of Incidental Expenses.--(1) The head of an 
element of the intelligence community entity may reimburse an 
individual for incidental expenses incurred by the individual in 
providing voluntary services accepted under subsection (a). The head of 
an element of the intelligence community entity shall determine which 
expenses are eligible for reimbursement under this subsection.
    ``(2) Reimbursement under paragraph (1) may be made from 
appropriated or nonappropriated funds.
    ``(g) Authority To Install Equipment.--(1) The head of an element 
of the intelligence community may install telephone lines and any 
necessary telecommunication equipment in the private residences of 
individuals who provide voluntary services accepted under subsection 
(a).
    ``(2) The head of an 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 an element of the intelligence community entity 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 Central Intelligence jointly shall promulgate regulations 
necessary to carry out the Foreign Languages Program authorized under 
this subtitle.
    ``(b) Elements of the Intelligence Community.--Each head of an 
element of an intelligence community entity 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(g).

                             ``definitions

    ``Sec. 1015. In this subtitle:
            ``(1) The term `intelligence community entity' means an 
        agency, office, bureau, or element referred to in subparagraphs 
        (B) through (K) 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 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 Central 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 may reimburse an employee assigned under 
subsection (a) for the total cost of the training described in 
subsection (a), 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, travels, 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. 614. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE CORPS.

    (a) Pilot Project.--The Director of Central Intelligence shall 
conduct a pilot project to establish a Civilian Linguist Reserve Corps 
comprised of United States citizens with advanced levels of proficiency 
in foreign languages who would be available upon a call of the 
President to perform such service or duties with respect to such 
foreign languages in the Federal Government as the President 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 Central 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 those foreign languages who would be available 
        to perform the services and duties referred to in subsection 
        (a); and
            (3) 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 Central 
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 Central 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 6 months 
after the completion of the project.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of Central 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 section 102.

SEC. 615. CODIFICATION OF ESTABLISHMENT OF THE NATIONAL VIRTUAL 
              TRANSLATION CENTER.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended by adding at the end the following new 
section:

                 ``national virtual translation center

    ``Sec. 119. (a) In General.--There is an element of the 
intelligence community known as the National Virtual Translation Center 
under the direction of the Director of Central Intelligence.
    ``(b) Function.--The National Virtual Translation Center shall 
provide for timely and accurate translations of foreign intelligence 
for all other elements of the intelligence community.
    ``(c) Facilitating Access to Translations.--In order to minimize 
the need for a central facility for the National Virtual Translation 
Center, the Center shall--
            ``(1) use state-of-the-art communications technology;
            ``(2) integrate existing translation capabilities in the 
        intelligence community; and
            ``(3) use remote-connection capacities.
    ``(d) Use of Secure Facilities.--Personnel of the National Virtual 
Translation Center may carry out duties of the Center at any location 
that--
            ``(1) has been certified as a secure facility by an agency 
        or department of the United States; and
            ``(2) the Director of Central Intelligence determines to be 
        appropriate for such purpose.''.
    (b) Clerical Amendment.--The table of sections for that Act is 
amended by inserting after the item relating to section 118 the 
following new item:

``Sec. 119. National Virtual Translation Center.''.

SEC. 616. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED INSTRUCTORS 
              OF THE DEFENSE LANGUAGE INSTITUTE.

    (a) Study.--The Secretary of Defense shall conduct a study on 
methods 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, 
to expeditiously adjust the status of the alien from a temporary status 
to that of an alien lawfully admitted for permanent residence.
    (b) Report.--(1) 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), and shall include in that report recommendations 
for such changes in legislation and regulation as the Secretary 
determines to be appropriate.
    (2) Definition.--In this subsection, the term ``appropriate 
congressional committees'' means the following:
            (A) The Select Committee on Intelligence and the Committee 
        on Armed Services of the Senate.
            (B) The Permanent Select Committee on Intelligence and the 
        Committee on Armed Services of the House of Representatives.




                                                 Union Calendar No. 324

108th CONGRESS

  2d Session

                               H. R. 4548

                          [Report No. 108-558]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                             June 21, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed