[108th Congress Public Law 487]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ487.108]
[[Page 118 STAT. 3939]]
Public Law 108-487
108th Congress
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. <<NOTE: Dec.
23, 2004 - [H.R. 4548]>>
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) <<NOTE: Intelligence Authorization Act for Fiscal Year
2005.>> 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.
[[Page 118 STAT. 3940]]
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.
[[Page 118 STAT. 3941]]
(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. <<NOTE: 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
[[Page 118 STAT. 3942]]
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.-- <<NOTE: 21 USC 873 note.>>
(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.
[[Page 118 STAT. 3943]]
SEC. 107. <<NOTE: 50 USC 415b note.>> 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.
[[Page 118 STAT. 3944]]
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:
``Sec. 103G. <<NOTE: President. Congress. 50 USC 403-3g.>> (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) <<NOTE: 50 USC 403-3g note.>> 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):
[[Page 118 STAT. 3945]]
``(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--
[[Page 118 STAT. 3946]]
(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:
``Sec. 23. (a) Definitions.--In this section-- <<NOTE: 50 USC
403w.>>
``(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
[[Page 118 STAT. 3947]]
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
[[Page 118 STAT. 3948]]
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.--
[[Page 118 STAT. 3949]]
``(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--
[[Page 118 STAT. 3950]]
``(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) <<NOTE: Procedures.>> 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. <<NOTE: Establishment.>> (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.
[[Page 118 STAT. 3951]]
``(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
[[Page 118 STAT. 3952]]
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
[[Page 118 STAT. 3953]]
the element, the head of the element determines that equity or the
interests of the United States so require.''.
(2) <<NOTE: Applicability. 50 USC 1902 note.>> 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) <<NOTE: 50 USC 1902 note.>> 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) <<NOTE: 50 USC 1902 note.>> 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
[[Page 118 STAT. 3954]]
``(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. <<NOTE: 50 USC 1912.>> 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, <<NOTE: 50 USC 403-4a.>> 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
[[Page 118 STAT. 3955]]
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) <<NOTE: 50 USC 403-4a note.>> 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
``Sec. 1011. <<NOTE: 50 USC 441j.>> (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').
[[Page 118 STAT. 3956]]
``(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.
``Sec. 1012. <<NOTE: 50 USC 441j-1.>> (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.
[[Page 118 STAT. 3957]]
``Sec. 1013. <<NOTE: 50 USC 441j-2.>> (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
[[Page 118 STAT. 3958]]
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.
``Sec. 1014. <<NOTE: 50 USC 441j-3.>> (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).
``Sec. 1015. In this subtitle: <<NOTE: 50 USC 441j-4.>>
``(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).
[[Page 118 STAT. 3959]]
``Subtitle C--Additional Education Provisions
``Sec. 1021. <<NOTE: 50 USC 441m.>> (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) <<NOTE: Applicability.>> 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. <<NOTE: 50 USC 403-1b note.>> 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--
[[Page 118 STAT. 3960]]
(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
[[Page 118 STAT. 3961]]
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:
[[Page 118 STAT. 3962]]
``(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) <<NOTE: 22 USC 2656f note.>> 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. <<NOTE: 22 USC 2656f note.>>
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. <<NOTE: 50 USC 401 note.>> 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. <<NOTE: 50 USC 401 note.>> SAVINGS PROVISIONS RELATING TO
DISCHARGE OF CERTAIN FUNCTIONS AND AUTHORITIES.
(a) <<NOTE: Effective date. Termination date.>> 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) <<NOTE: Effective date. Termination date.>> 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
[[Page 118 STAT. 3963]]
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.
Approved December 23, 2004.
LEGISLATIVE HISTORY--H.R. 4548 (S. 2386):
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HOUSE REPORTS: Nos. 108-558 (Permanent Select Comm. on Intelligence and
108-798 (Comm. of Conference).
SENATE REPORTS: Nos. 108-258 (Select Comm. on Intelligence) and 108-300
(Comm. on Armed Services), both accompanying S. 2386.
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 23, considered and passed House.
Oct. 11, considered and passed Senate, amended, in lieu of
S. 2386.
Dec. 7, House agreed to conference report.
Dec. 8, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Dec. 23, Presidential statement.
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