[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4548 Enrolled Bill (ENR)]
H.R.4548
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To authorize appropriations for fiscal year 2005 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
Sec. 106. Specific authorization of funds for intelligence or
intelligence-related activities for which fiscal year 2004
appropriations exceed amounts authorized.
Sec. 107. Preparation and submittal of reports, reviews, studies, and
plans relating to intelligence activities of Department of
Defense and Department of Energy.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Chief Information Officer.
Sec. 304. Improvement of authorities relating to National Virtual
Translation Center.
Sec. 305. Intelligence assessment on sanctuaries for terrorists.
Sec. 306. Sense of Congress on availability to Congress of information
on Iraq Oil-For-Food Program of the United Nations.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Permanent extension of Central Intelligence Agency voluntary
separation incentive program.
Sec. 402. Intelligence operations and cover enhancement authority.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
Sec. 501. National Security Agency Emerging Technologies Panel.
Sec. 502. Use of funds for counterdrug and counterterrorism activities
for Colombia.
TITLE VI--EDUCATION
Subtitle A--National Security Education Program
Sec. 601. Annual funding.
Sec. 602. Improvements to National Flagship Language Initiative.
Sec. 603. Scholarship program for English language studies for heritage
community citizens of the United States within National
Security Education Program.
Subtitle B--Improvement in Intelligence Community Foreign Language
Skills
Sec. 611. Foreign language proficiency for certain senior level
positions in the Central Intelligence Agency.
Sec. 612. Advancement of foreign languages critical to the intelligence
community.
Sec. 613. Pilot project on Civilian Linguist Reserve Corps.
Sec. 614. Report on status, consolidation, and improvement of
intelligence education programs.
Sec. 615. Report on recruitment and retention of qualified instructors
of the Defense Language Institute.
TITLE VII--TERRORISM MATTERS
Sec. 701. Information on terrorist groups that seek weapons of mass
destruction and groups that have been designated as foreign
terrorist organizations.
TITLE VIII--OTHER MATTERS
Sec. 801. Effective date.
Sec. 802. Construction of references to Director of Central
Intelligence.
Sec. 803. Savings provisions relating to discharge of certain functions
and authorities.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy, and
the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Department of Justice.
(10) The Federal Bureau of Investigation.
(11) The National Reconnaissance Office.
(12) The National Geospatial-Intelligence Agency.
(13) The Coast Guard.
(14) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 2005, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the conference report on the bill
H.R. 4548 of the One Hundred Eighth Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director
of the Office of Management and Budget, the Director of National
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2005 under section 102 when
the Director of National Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 2 percent of the number of civilian
personnel authorized under such section for such element.
(b) Notice to Intelligence Committees.--The Director of National
Intelligence shall promptly notify the Select Committee on Intelligence
of the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives whenever the Director exercises the authority
granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2005 the sum of
$310,466,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2006.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 310 full-time personnel as of September 30,
2005. Personnel serving in such elements may be permanent employees of
the Intelligence Community Management Account or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are also authorized to
be appropriated for the Intelligence Community Management Account
for fiscal year 2005 such additional amounts as are specified in
the classified Schedule of Authorizations referred to in section
102(a). Such additional amounts for research and development shall
remain available until September 30, 2006.
(2) Authorization of personnel.--In addition to the personnel
authorized by subsection (b) for elements of the Intelligence
Community Management Account as of September 30, 2005, there are
also authorized such additional personnel for such elements as of
that date as are specified in the classified Schedule of
Authorizations.
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2005
any officer or employee of the United States or a member of the Armed
Forces who is detailed to the staff of the Intelligence Community
Management Account from another element of the United States Government
shall be detailed on a reimbursable basis, except that any such
officer, employee, or member may be detailed on a nonreimbursable basis
for a period of less than one year for the performance of temporary
functions as required by the Director of National Intelligence.
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be appropriated in
subsection (a), $42,322,000 shall be available for the National
Drug Intelligence Center. Within such amount, funds provided for
research, development, testing, and evaluation purposes shall
remain available until September 30, 2006, and funds provided for
procurement purposes shall remain available until September 30,
2007.
(2) Transfer of funds.--The Director of National Intelligence
shall transfer to the Attorney General funds available for the
National Drug Intelligence Center under paragraph (1). The Attorney
General shall utilize funds so transferred for the activities of
the National Drug Intelligence Center.
(3) Limitation.--Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act of
1947 (50 U.S.C. 403-3(d)(1)).
(4) Authority.--Notwithstanding any other provision of law, the
Attorney General shall retain full authority over the operations of
the National Drug Intelligence Center.
SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.
(a) In General.--Each requirement to submit a report to the
congressional intelligence committees that is included in the joint
explanatory statement to accompany the conference report on the bill
H.R. 4548 of the One Hundred Eighth Congress, or in the classified
annex to this Act, is hereby incorporated into this Act, and is hereby
made a requirement in law.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 106. SPECIFIC AUTHORIZATION OF FUNDS FOR INTELLIGENCE OR
INTELLIGENCE-RELATED ACTIVITIES FOR WHICH FISCAL YEAR
2004 APPROPRIATIONS EXCEED AMOUNTS AUTHORIZED.
Funds appropriated for an intelligence or intelligence-related
activity of the United States Government for fiscal year 2004 in excess
of the amount specified for such activity in the classified Schedule of
Authorizations prepared to accompany the Intelligence Authorization Act
for Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2599) shall be
deemed to be specifically authorized by Congress for purposes of
section 504(a)(3) of the National Security Act of 1947 (50 U.S.C.
414(a)(3)). Such funds shall remain available until September 30, 2005.
SEC. 107. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND
PLANS RELATING TO INTELLIGENCE ACTIVITIES OF DEPARTMENT
OF DEFENSE AND DEPARTMENT OF ENERGY.
(a) Consultation in Preparation.--(1) The Director of National
Intelligence shall ensure that any report, review, study, or plan
required to be prepared or conducted by a provision of this Act,
including a provision of the classified Schedule of Authorizations
referred to in section 102(a) or the classified annex to this Act, that
involves the intelligence or intelligence-related activities of the
Department of Defense or the Department of Energy is prepared or
conducted in consultation with the Secretary of Defense or the
Secretary of Energy, as appropriate.
(2) The Secretary of Defense or the Secretary of Energy may carry
out any consultation required by this subsection through an official of
the Department of Defense or the Department of Energy, as the case may
be, designated by such Secretary for that purpose.
(b) Submittal.--Any report, review, study, or plan referred to in
subsection (a) shall be submitted, in addition to any other committee
of Congress specified for submittal in the provision concerned, to the
following committees or subcommittees of Congress, as appropriate:
(1) The Committee on Armed Services, the Subcommittee on
Defense of the Committee on Appropriations, and the Select
Committee on Intelligence of the Senate.
(2) The Committee on Armed Services, the Subcommittee on
Defense of the Committee on Appropriations, and the Permanent
Select Committee on Intelligence of the House of Representatives.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2005 the sum of
$239,400,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. CHIEF INFORMATION OFFICER.
(a) Establishment.--(1) Title I of the National Security Act of
1947, as amended by section 1011(a) of the National Security
Intelligence Reform Act of 2004, is further amended by inserting after
section 103F the following new section:
``chief information officer
``Sec. 103G. (a) Chief Information Officer.--To assist the Director
of National Intelligence in carrying out the responsibilities of the
Director under this Act and other applicable provisions of law, there
shall be within the Office of the Director of National Intelligence a
Chief Information Officer who shall be appointed by the President, by
and with the advice and consent of the Senate.
``(b) Chief Information Officer of Intelligence Community.--The
Chief Information Officer shall serve as the chief information officer
of the intelligence community.
``(c) Duties and Responsibilities.--Subject to the direction of the
Director of National Intelligence, the Chief Information Officer
shall--
``(1) manage activities relating to the information technology
infrastructure and enterprise architecture requirements of the
intelligence community;
``(2) have procurement approval authority over all information
technology items related to the enterprise architectures of all
intelligence community components;
``(3) direct and manage all information technology-related
procurement for the intelligence community; and
``(4) ensure that all expenditures for information technology
and research and development activities are consistent with the
intelligence community enterprise architecture and the strategy of
the Director for such architecture.
``(d) Prohibition on Simultaneous Service as Other Chief
Information Officer.--An individual serving in the position of Chief
Information Officer may not, while so serving, serve as the chief
information officer of any other department or agency, or component
thereof, of the United States Government.''.
(2) The table of contents in the first section of the National
Security Act of 1947, as amended by the National Security Intelligence
Reform Act of 2004, is further amended by inserting after the item
relating to section 103F the following new item:
``Sec. 103G. Chief Information Officer.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the effective date of the National Security Intelligence
Reform Act of 2004, as provided in section 801 of this Act.
SEC. 304. IMPROVEMENT OF AUTHORITIES RELATING TO NATIONAL VIRTUAL
TRANSLATION CENTER.
(a) Function of Center.--Section 313 of the Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat.
2391; 50 U.S.C. 404n) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Function.--The element established under subsection (a) shall
provide for timely and accurate translations of foreign intelligence
for all elements of the intelligence community through--
``(1) the integration of the translation capabilities of the
intelligence community;
``(2) the use of remote-connection capabilities; and
``(3) the use of such other capabilities as the Director
considers appropriate.''.
(b) Location of Discharge of Function.--Subsection (d) of such
section, as so redesignated, is amended by adding at the end the
following new paragraph:
``(3) Personnel of the element established under subsection (a) may
carry out the duties and functions of the element at any location
that--
``(A) has been certified as a secure facility by a department
or agency of the United States Government; or
``(B) the Director has otherwise determined to be appropriate
for such duties and functions''.
SEC. 305. INTELLIGENCE ASSESSMENT ON SANCTUARIES FOR TERRORISTS.
(a) Assessment Required.--Not later than the date specified in
subsection (b), the Director of National Intelligence shall submit to
Congress an intelligence assessment that identifies and describes each
country or region that is a sanctuary for terrorists or terrorist
organizations. The assessment shall be based on current all-source
intelligence.
(b) Submittal Date.--The date of the submittal of the intelligence
assessment required by subsection (a) shall be the earlier of--
(1) the date that is six months after the date of the enactment
of this Act; or
(2) June 1, 2005.
SEC. 306. SENSE OF CONGRESS ON AVAILABILITY TO CONGRESS OF INFORMATION
ON IRAQ OIL-FOR-FOOD PROGRAM OF THE UNITED NATIONS.
It is the sense of Congress that the head of each element of the
intelligence community, including the Central Intelligence Agency, the
Federal Bureau of Investigation, and the intelligence elements of the
Department of Defense, the Department of State, and the Department of
the Treasury should make available to any committee of Congress with
jurisdiction over matters relating to the Office of the Iraq Oil-for-
Food Program of the United Nations, upon the request of such committee,
any information and documents in the possession or control of such
element in connection with any investigation of that Office by such
committee.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. PERMANENT EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY
SEPARATION INCENTIVE PROGRAM.
(a) In General.--Section 2 of the Central Intelligence Agency
Voluntary Separation Pay Act (50 U.S.C. 403-4 note) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections (f)
and (g), respectively.
(b) Termination of Funds Remittance Requirement.--(1) Section 2 of
such Act is further amended by striking subsection (i).
(2) Section 4(a)(2)(B)(ii) of the Federal Workforce Restructuring
Act of 1994 (5 U.S.C. 8331 note) is amended by striking ``, or section
2 of the Central Intelligence Agency Voluntary Separation Pay Act
(Public Law 103-36; 107 Stat. 104)''.
SEC. 402. INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT AUTHORITY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.) is amended by adding at the end the following:
``intelligence operations and cover enhancement authority
``Sec. 23. (a) Definitions.--In this section--
``(1) the term `designated employee' means an employee
designated by the Director of the Central Intelligence Agency under
subsection (b); and
``(2) the term `Federal retirement system' includes the Central
Intelligence Agency Retirement and Disability System, and the
Federal Employees' Retirement System (including the Thrift Savings
Plan).
``(b) In General.--
``(1) Authority.--Notwithstanding any other provision of law,
the Director of the Central Intelligence Agency may exercise the
authorities under this section in order to--
``(A) protect from unauthorized disclosure--
``(i) intelligence operations;
``(ii) the identities of undercover intelligence
officers;
``(iii) intelligence sources and methods; or
``(iv) intelligence cover mechanisms; or
``(B) meet the special requirements of work related to
collection of foreign intelligence or other authorized
activities of the Agency.
``(2) Designation of employees.--The Director of the Central
Intelligence Agency may designate any employee of the Agency who is
under nonofficial cover to be an employee to whom this section
applies. Such designation may be made with respect to any or all
authorities exercised under this section.
``(c) Compensation.--The Director of the Central Intelligence
Agency may pay a designated employee salary, allowances, and other
benefits in an amount and in a manner consistent with the nonofficial
cover of that employee, without regard to any limitation that is
otherwise applicable to a Federal employee. A designated employee may
accept, utilize, and, to the extent authorized by regulations
prescribed under subsection (i), retain any salary, allowances, and
other benefits provided under this section.
``(d) Retirement Benefits.--
``(1) In general.--The Director of the Central Intelligence
Agency may establish and administer a nonofficial cover employee
retirement system for designated employees (and the spouse, former
spouses, and survivors of such designated employees). A designated
employee may not participate in the retirement system established
under this paragraph and another Federal retirement system at the
same time.
``(2) Conversion to other federal retirement system.--
``(A) In general.--A designated employee participating in
the retirement system established under paragraph (1) may
convert to coverage under the Federal retirement system which
would otherwise apply to that employee at any appropriate time
determined by the Director of the Central Intelligence Agency
(including at the time of separation of service by reason of
retirement), if the Director of the Central Intelligence Agency
determines that the employee's participation in the retirement
system established under this subsection is no longer necessary
to protect from unauthorized disclosure--
``(i) intelligence operations;
``(ii) the identities of undercover intelligence
officers;
``(iii) intelligence sources and methods; or
``(iv) intelligence cover mechanisms.
``(B) Conversion treatment.--Upon a conversion under this
paragraph--
``(i) all periods of service under the retirement
system established under this subsection shall be deemed
periods of creditable service under the applicable Federal
retirement system;
``(ii) the Director of the Central Intelligence Agency
shall transmit an amount for deposit in any applicable fund
of that Federal retirement system that--
``(I) is necessary to cover all employee and agency
contributions including--
``(aa) interest as determined by the head of
the agency administering the Federal retirement
system into which the employee is converting; or
``(bb) in the case of an employee converting
into the Federal Employees' Retirement System,
interest as determined under section 8334(e) of
title 5, United States Code; and
``(II) ensures that such conversion does not result
in any unfunded liability to that fund; and
``(iii) in the case of a designated employee who
participated in an employee investment retirement system
established under paragraph (1) and is converted to
coverage under subchapter III of chapter 84 of title 5,
United States Code, the Director of the Central
Intelligence Agency may transmit any or all amounts of that
designated employee in that employee investment retirement
system (or similar part of that retirement system) to the
Thrift Savings Fund.
``(C) Transmitted amounts.--
``(i) In general.--Amounts described under subparagraph
(B)(ii) shall be paid from the fund or appropriation used
to pay the designated employee.
``(ii) Offset.--The Director of the Central
Intelligence Agency may use amounts contributed by the
designated employee to a retirement system established
under paragraph (1) to offset amounts paid under clause
(i).
``(D) Records.--The Director of the Central Intelligence
Agency shall transmit all necessary records relating to a
designated employee who converts to a Federal retirement system
under this paragraph (including records relating to periods of
service which are deemed to be periods of creditable service
under subparagraph (B)) to the head of the agency administering
that Federal retirement system.
``(e) Health Insurance Benefits.--
``(1) In general.--The Director of the Central Intelligence
Agency may establish and administer a nonofficial cover employee
health insurance program for designated employees (and the family
of such designated employees). A designated employee may not
participate in the health insurance program established under this
paragraph and the program under chapter 89 of title 5, United
States Code, at the same time.
``(2) Conversion to federal employees health benefits
program.--
``(A) In general.--A designated employee participating in
the health insurance program established under paragraph (1)
may convert to coverage under the program under chapter 89 of
title 5, United States Code, at any appropriate time determined
by the Director of the Central Intelligence Agency (including
at the time of separation of service by reason of retirement),
if the Director of the Central Intelligence Agency determines
that the employee's participation in the health insurance
program established under this subsection is no longer
necessary to protect from unauthorized disclosure--
``(i) intelligence operations;
``(ii) the identities of undercover intelligence
officers;
``(iii) intelligence sources and methods; or
``(iv) intelligence cover mechanisms.
``(B) Conversion treatment.--Upon a conversion under this
paragraph--
``(i) the employee (and family, if applicable) shall be
entitled to immediate enrollment and coverage under chapter
89 of title 5, United States Code;
``(ii) any requirement of prior enrollment in a health
benefits plan under chapter 89 of that title for
continuation of coverage purposes shall not apply;
``(iii) the employee shall be deemed to have had
coverage under chapter 89 of that title from the first
opportunity to enroll for purposes of continuing coverage
as an annuitant; and
``(iv) the Director of the Central Intelligence Agency
shall transmit an amount for deposit in the Employees'
Health Benefits Fund that is necessary to cover any costs
of such conversion.
``(C) Transmitted amounts.--Any amount described under
subparagraph (B)(iv) shall be paid from the fund or
appropriation used to pay the designated employee.
``(f) Life Insurance Benefits.--
``(1) In general.--The Director of the Central Intelligence
Agency may establish and administer a nonofficial cover employee
life insurance program for designated employees (and the family of
such designated employees). A designated employee may not
participate in the life insurance program established under this
paragraph and the program under chapter 87 of title 5, United
States Code, at the same time.
``(2) Conversion to federal employees group life insurance
program.--
``(A) In general.--A designated employee participating in
the life insurance program established under paragraph (1) may
convert to coverage under the program under chapter 87 of title
5, United States Code, at any appropriate time determined by
the Director of the Central Intelligence Agency (including at
the time of separation of service by reason of retirement), if
the Director of the Central Intelligence Agency determines that
the employee's participation in the life insurance program
established under this subsection is no longer necessary to
protect from unauthorized disclosure--
``(i) intelligence operations;
``(ii) the identities of undercover intelligence
officers;
``(iii) intelligence sources and methods; or
``(iv) intelligence cover mechanisms.
``(B) Conversion treatment.--Upon a conversion under this
paragraph--
``(i) the employee (and family, if applicable) shall be
entitled to immediate coverage under chapter 87 of title 5,
United States Code;
``(ii) any requirement of prior enrollment in a life
insurance program under chapter 87 of that title for
continuation of coverage purposes shall not apply;
``(iii) the employee shall be deemed to have had
coverage under chapter 87 of that title for the full period
of service during which the employee would have been
entitled to be insured for purposes of continuing coverage
as an annuitant; and
``(iv) the Director of the Central Intelligence Agency
shall transmit an amount for deposit in the Employees' Life
Insurance Fund that is necessary to cover any costs of such
conversion.
``(C) Transmitted amounts.--Any amount described under
subparagraph (B)(iv) shall be paid from the fund or
appropriation used to pay the designated employee.
``(g) Exemption From Certain Requirements.--The Director of the
Central Intelligence Agency may exempt a designated employee from
mandatory compliance with any Federal regulation, rule, standardized
administrative policy, process, or procedure that the Director of the
Central Intelligence Agency determines--
``(1) would be inconsistent with the nonofficial cover of that
employee; and
``(2) could expose that employee to detection as a Federal
employee.
``(h) Taxation and Social Security.--
``(1) In general.--Notwithstanding any other provision of law,
a designated employee--
``(A) shall file a Federal or State tax return as if that
employee is not a Federal employee and may claim and receive
the benefit of any exclusion, deduction, tax credit, or other
tax treatment that would otherwise apply if that employee was
not a Federal employee, if the Director of the Central
Intelligence Agency determines that taking any action under
this paragraph is necessary to--
``(i) protect from unauthorized disclosure--
``(I) intelligence operations;
``(II) the identities of undercover intelligence
officers;
``(III) intelligence sources and methods; or
``(IV) intelligence cover mechanisms; and
``(ii) meet the special requirements of work related to
collection of foreign intelligence or other authorized
activities of the Agency; and
``(B) shall receive social security benefits based on the
social security contributions made.
``(2) Internal revenue service review.--The Director of the
Central Intelligence Agency shall establish procedures to carry out
this subsection. The procedures shall be subject to periodic review
by the Internal Revenue Service.
``(i) Regulations.--The Director of the Central Intelligence Agency
shall prescribe regulations to carry out this section. The regulations
shall ensure that the combination of salary, allowances, and benefits
that an employee designated under this section may retain does not
significantly exceed, except to the extent determined by the Director
of the Central Intelligence Agency to be necessary to exercise the
authority in subsection (b), the combination of salary, allowances, and
benefits otherwise received by Federal employees not designated under
this section.
``(j) Finality of Decisions.--Any determinations authorized by this
section to be made by the Director of the Central Intelligence Agency
or the Director's designee shall be final and conclusive and shall not
be subject to review by any court.
``(k) Subsequently Enacted Laws.--No law enacted after the
effective date of this section shall affect the authorities and
provisions of this section unless such law specifically refers to this
section.''.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
SEC. 501. NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES PANEL.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is
amended by adding at the end the following new section:
``Sec. 19. (a) There is established the National Security Agency
Emerging Technologies Panel. The Panel is a standing panel of the
National Security Agency. The Panel shall be appointed by, and shall
report directly to, the Director of the National Security Agency.
``(b) The Panel shall study and assess, and periodically advise the
Director on, the research, development, and application of existing and
emerging science and technology advances, advances in encryption, and
other topics.
``(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply with respect to the Panel.''.
SEC. 502. USE OF FUNDS FOR COUNTERDRUG AND COUNTERTERRORISM ACTIVITIES
FOR COLOMBIA.
(a) Authority.--Funds designated for intelligence or intelligence-
related purposes for assistance to the Government of Colombia for
counterdrug activities for fiscal year 2005 or 2006, and any
unobligated funds available to any element of the intelligence
community for such activities for a prior fiscal year, shall be
available--
(1) to support a unified campaign by the Government of Colombia
against narcotics trafficking and against activities by
organizations designated as terrorist organizations (such as the
Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), and the United Self-Defense Forces of
Colombia (AUC)); and
(2) to take actions to protect human health and welfare in
emergency circumstances, including the undertaking of rescue
operations.
(b) Applicability of Certain Laws and Limitations.--The use of
funds pursuant to the authority in subsection (a) shall be subject to
the following:
(1) Section 556, 567, and 568 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002 (Public
Law 107-115; 115 Stat. 2160, 2165, and 2166).
(2) Section 8076 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287; 118 Stat. 988).
(3) The numerical limitations on the number of United States
military personnel and United States individual civilian
contractors contained in section 1021(c) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2042).
(c) Limitation on Participation of United States Personnel.--No
United States Armed Forces personnel or United States civilian
contractor employed by the United States Armed Forces may participate
in any combat operation in connection with assistance made available
under this section, except for the purpose of acting in self defense or
during the course of search and rescue operations for United States
citizens.
TITLE VI--EDUCATION
Subtitle A--National Security Education Program
SEC. 601. ANNUAL FUNDING.
(a) In General.--Section 810 of the David L. Boren National
Security Education Act of 1991 (50 U.S.C. 1910) is amended by adding at
the end the following new subsection:
``(c) Funding From Intelligence Community Management Account for
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts
that may be made available to the Secretary under the Fund for a fiscal
year, the Director of National Intelligence shall transfer to the
Secretary from amounts appropriated for the Intelligence Community
Management Account for each fiscal year, beginning with fiscal year
2005, $8,000,000 to carry out the scholarship, fellowship, and grant
programs under subparagraphs (A), (B), and (C), respectively, of
section 802(a)(1).''.
(b) Conforming Amendment.--Section 802(a)(2) of that Act (50 U.S.C.
1902(a)(2)) is amended in the matter preceding subparagraph (A) by
inserting ``or from a transfer under section 810(c)'' after ``National
Security Education Trust Fund''.
SEC. 602. IMPROVEMENTS TO NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
(a) Requirement for Employment Agreements.--(1) Section 802(i) of
the David L. Boren National Security Education Act of 1991 (50 U.S.C.
1902(i)) is amended by adding at the end the following new paragraphs:
``(5) An undergraduate or graduate student who participates in
training in a program under paragraph (1) and has not already entered
into a service agreement under subsection (b) shall enter into a
service agreement under subsection (b) applicable to an undergraduate
or graduate student, as the case may be, with respect to participation
in such training in a program under paragraph (1).
``(6)(A) An employee of a department or agency of the Federal
Government who participates in training in a program under paragraph
(1) shall agree in writing--
``(i) to continue in the service of the department or agency of
the Federal Government employing the employee for the period of
such training;
``(ii) to continue in the service of such department or agency,
following completion by the employee of such training, for a period
of two years for each year, or part of the year, of such training;
``(iii) if, before the completion by the employee of such
training, the employment of the employee is terminated by such
department or agency due to misconduct by the employee, or by the
employee voluntarily, to reimburse the United States for the total
cost of such training (excluding the employee's pay and allowances)
provided to the employee; and
``(iv) if, after the completion by the employee of such
training but before the completion by the employee of the period of
service required by clause (ii), the employment of the employee by
such department or agency is terminated either by such department
or agency due to misconduct by the employee, or by the employee
voluntarily, to reimburse the United States in an amount that bears
the same ratio to the total cost of such training (excluding the
employee's pay and allowances) provided to the employee as the
unserved portion of such period of service bears to the total
period of service required by clause (ii).
``(C) Subject to subparagraph (D), the obligation to reimburse the
United States under an agreement under subparagraph (A) is for all
purposes a debt owing the United States.
``(D) The head of the element of the intelligence community
concerned may release an employee, in whole or in part, from the
obligation to reimburse the United States under an agreement under
subparagraph (A) when, in the discretion of the head of the element,
the head of the element determines that equity or the interests of the
United States so require.''.
(2) The amendment made by paragraph (1) shall apply to training
under section 802(i) of the David L. Boren National Security Act of
1991 that begins on or after the date that is 90 days after the date of
the enactment of this Act.
(b) Increase in Annual Funding.--Section 811 of that Act (50 U.S.C.
1911) is amended by striking subsection (b) and inserting the following
new subsections:
``(b) Funding From Intelligence Community Management Account for
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts
that may be made available to the Secretary under the Fund for a fiscal
year, the Director of National Intelligence shall transfer to the
Secretary from amounts appropriated for the Intelligence Community
Management Account for each fiscal year, beginning with fiscal year
2005, $6,000,000 to carry out the grant program for the National
Flagship Language Initiative under section 802(a)(1)(D).
``(c) Availability of Appropriated Funds.--Amounts made available
under this section shall remain available until expended.''.
(c) Increase in Number of Participating Educational Institutions.--
The Secretary of Defense shall take such actions as the Secretary
considers appropriate to increase the number of qualified educational
institutions that receive grants under the National Flagship Language
Initiative under section 802(i) of the David L. Boren National Security
Education Act of 1991 to establish, operate, or improve activities
designed to train students in programs in a range of disciplines to
achieve advanced levels of proficiency in those foreign languages that
the Secretary identifies as being the most critical to the national
security of the United States.
(d) Clarification of Authority to Support Studies Abroad.--
Educational institutions that receive grants under the National
Flagship Language Initiative may support students who pursue total
immersion foreign language studies overseas of foreign languages that
are critical to the national security of the United States.
SEC. 603. SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE STUDIES FOR HERITAGE
COMMUNITY CITIZENS OF THE UNITED STATES WITHIN NATIONAL
SECURITY EDUCATION PROGRAM.
(a) Scholarship Program.--(1) Subsection (a)(1) of section 802 of
the David L. Boren National Security Education Act of 1991 (50 U.S.C.
1902) is amended--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D) and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) awarding scholarships to students who--
``(i) are United States citizens who--
``(I) are native speakers (referred to as `heritage
community citizens') of a foreign language that is
identified as critical to the national security
interests of the United States who should be actively
recruited for employment by Federal security agencies
with a need for linguists; and
``(II) are not proficient at a professional level
in the English language with respect to reading,
writing, and other skills required to carry out the
national security interests of the United States, as
determined by the Secretary,
to enable such students to pursue English language studies
at an institution of higher education of the United States
to attain proficiency in those skills; and
``(ii) enter into an agreement to work in a position in
a similar manner (as determined by the Secretary) as
agreements entered into pursuant to subsection
(b)(2)(A).''.
(2) The matter following subsection (a)(2) of such section is
amended--
(A) in the first sentence, by inserting ``or for the
scholarship program under paragraph (1)(E)'' after ``under
paragraph (1)(D) for the National Flagship Language Initiative
described in subsection (i)''; and
(B) by adding at the end the following: ``For the authorization
of appropriations for the scholarship program under paragraph
(1)(E), see section 812.''.
(3) Section 803(d)(4)(E) of such Act (50 U.S.C. 1903(d)(4)(E)) is
amended by inserting before the period the following: ``and section
802(a)(1)(E) (relating to the scholarship program for advanced English
language studies by heritage community citizens)''.
(b) Funding.--The David L. Boren National Security Education Act of
1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the
following new section:
``SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR ADVANCED ENGLISH
LANGUAGE STUDIES BY HERITAGE COMMUNITY CITIZENS.
``(a) Funding From Intelligence Community Management Account.--In
addition to amounts that may be made available to the Secretary under
the Fund for a fiscal year, the Director of National Intelligence shall
transfer to the Secretary from amounts appropriated for the
Intelligence Community Management Account for each fiscal year,
beginning with fiscal year 2005, $2,000,000 to carry out the
scholarship programs for English language studies by certain heritage
community citizens under section 802(a)(1)(E).
``(b) Availability of Funds.--Amounts made available under
subsection (a) shall remain available until expended.''.
Subtitle B--Improvement in Intelligence Community Foreign Language
Skills
SEC. 611. FOREIGN LANGUAGE PROFICIENCY FOR CERTAIN SENIOR LEVEL
POSITIONS IN THE CENTRAL INTELLIGENCE AGENCY.
(a) In General.--Section 104A of the National Security Act of 1947,
amended by section 1011(a) of the National Security Intelligence Reform
Act of 2004, is further amended by adding at the end the following new
subsection:
``(g) Foreign Language Proficiency for Certain Senior Level
Positions in Central Intelligence Agency.--(1) Except as provided
pursuant to paragraph (2), an individual may not be appointed to a
position in the Senior Intelligence Service in the Directorate of
Intelligence or the Directorate of Operations of the Central
Intelligence Agency unless the Director of the Central Intelligence
Agency determines that the individual--
``(A) has been certified as having a professional speaking and
reading proficiency in a foreign language, such proficiency being
at least level 3 on the Interagency Language Roundtable Language
Skills Level or commensurate proficiency level using such other
indicator of proficiency as the Director of the Central
Intelligence Agency considers appropriate; and
``(B) is able to effectively communicate the priorities of the
United States and exercise influence in that foreign language.
``(2) The Director of the Central Intelligence Agency may, in the
discretion of the Director, waive the application of paragraph (1) to
any position or category of positions otherwise covered by that
paragraph if the Director determines that foreign language proficiency
is not necessary for the successful performance of the duties and
responsibilities of such position or category of positions.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to appointments made on or after the date that is
one year after the date of the enactment of this Act.
(c) Report on Waivers.--The Director of the Central Intelligence
Agency shall submit to Congress a report that identifies positions
within the Senior Intelligence Service in the Directorate of
Intelligence or the Directorate of Operations of the Central
Intelligence Agency that are determined by the Director to require
waiver from the requirements of section 104A(g) of the National
Security Act of 1947, as added by subsection (a). The report shall
include a rationale for any waiver granted under section 104A(g)(2), as
so added, for each position or category of positions so identified.
SEC. 612. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE INTELLIGENCE
COMMUNITY.
(a) In General.--Title X of the National Security Act of 1947 (50
U.S.C. 441g) is amended--
(1) by inserting before section 1001 (50 U.S.C. 441g) the
following:
``Subtitle A--Science and Technology'';
and
(2) by adding at the end the following new subtitles:
``Subtitle B--Foreign Languages Program
``program on advancement of foreign languages critical to the
intelligence community
``Sec. 1011. (a) In General.--The Secretary of Defense and the
Director of National Intelligence may jointly carry out a program to
advance skills in foreign languages that are critical to the capability
of the intelligence community to carry out the national security
activities of the United States (hereinafter in this subtitle referred
to as the `Foreign Languages Program').
``(b) Identification of Requisite Actions.--In order to carry out
the Foreign Languages Program, the Secretary of Defense and the
Director of National Intelligence shall jointly identify actions
required to improve the education of personnel in the intelligence
community in foreign languages that are critical to the capability of
the intelligence community to carry out the national security
activities of the United States and to meet the long-term intelligence
needs of the United States.
``education partnerships
``Sec. 1012. (a) In General.--In carrying out the Foreign Languages
Program, the head of a covered element of the intelligence community
may enter into one or more education partnership agreements with
educational institutions in the United States in order to encourage and
enhance the study in such educational institutions of foreign languages
that are critical to the capability of the intelligence community to
carry out the national security activities of the United States.
``(b) Assistance Provided Under Educational Partnership
Agreements.--Under an educational partnership agreement entered into
with an educational institution pursuant to this section, the head of a
covered element of the intelligence community may provide the following
assistance to the educational institution:
``(1) The loan of equipment and instructional materials of the
element of the intelligence community to the educational
institution for any purpose and duration that the head of the
element considers appropriate.
``(2) Notwithstanding any other provision of law relating to
the transfer of surplus property, the transfer to the educational
institution of any computer equipment, or other equipment, that
is--
``(A) commonly used by educational institutions;
``(B) surplus to the needs of the element of the
intelligence community; and
``(C) determined by the head of the element to be
appropriate for support of such agreement.
``(3) The provision of dedicated personnel to the educational
institution--
``(A) to teach courses in foreign languages that are
critical to the capability of the intelligence community to
carry out the national security activities of the United
States; or
``(B) to assist in the development for the educational
institution of courses and materials on such languages.
``(4) The involvement of faculty and students of the
educational institution in research projects of the element of the
intelligence community.
``(5) Cooperation with the educational institution in
developing a program under which students receive academic credit
at the educational institution for work on research projects of the
element of the intelligence community.
``(6) The provision of academic and career advice and
assistance to students of the educational institution.
``(7) The provision of cash awards and other items that the
head of the element of the intelligence community considers
appropriate.
``voluntary services
``Sec. 1013. (a) Authority To Accept Services.--Notwithstanding
section 1342 of title 31, United States Code, and subject to subsection
(b), the Foreign Languages Program under section 1011 shall include
authority for the head of a covered element of the intelligence
community to accept from any dedicated personnel voluntary services in
support of the activities authorized by this subtitle.
``(b) Requirements and Limitations.--(1) In accepting voluntary
services from an individual under subsection (a), the head of a covered
element of the intelligence community shall--
``(A) supervise the individual to the same extent as the head
of the element would supervise a compensated employee of that
element providing similar services; and
``(B) ensure that the individual is licensed, privileged, has
appropriate educational or experiential credentials, or is
otherwise qualified under applicable law or regulations to provide
such services.
``(2) In accepting voluntary services from an individual under
subsection (a), the head of a covered element of the intelligence
community may not--
``(A) place the individual in a policymaking position, or other
position performing inherently governmental functions; or
``(B) compensate the individual for the provision of such
services.
``(c) Authority To Recruit and Train Individuals Providing
Services.--The head of a covered element of the intelligence community
may recruit and train individuals to provide voluntary services under
subsection (a).
``(d) Status of Individuals Providing Services.--(1) Subject to
paragraph (2), while providing voluntary services under subsection (a)
or receiving training under subsection (c), an individual shall be
considered to be an employee of the Federal Government only for
purposes of the following provisions of law:
``(A) Section 552a of title 5, United States Code (relating to
maintenance of records on individuals).
``(B) Chapter 11 of title 18, United States Code (relating to
conflicts of interest).
``(2)(A) With respect to voluntary services under paragraph (1)
provided by an individual that are within the scope of the services
accepted under that paragraph, the individual shall be deemed to be a
volunteer of a governmental entity or nonprofit institution for
purposes of the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et
seq.).
``(B) In the case of any claim against such an individual with
respect to the provision of such services, section 4(d) of such Act (42
U.S.C. 14503(d)) shall not apply.
``(3) Acceptance of voluntary services under this section shall
have no bearing on the issuance or renewal of a security clearance.
``(e) Reimbursement of Incidental Expenses.--(1) The head of a
covered element of the intelligence community may reimburse an
individual for incidental expenses incurred by the individual in
providing voluntary services under subsection (a). The head of a
covered element of the intelligence community shall determine which
expenses are eligible for reimbursement under this subsection.
``(2) Reimbursement under paragraph (1) may be made from
appropriated or nonappropriated funds.
``(f) Authority To Install Equipment.--(1) The head of a covered
element of the intelligence community may install telephone lines and
any necessary telecommunication equipment in the private residences of
individuals who provide voluntary services under subsection (a).
``(2) The head of a covered element of the intelligence community
may pay the charges incurred for the use of equipment installed under
paragraph (1) for authorized purposes.
``(3) Notwithstanding section 1348 of title 31, United States Code,
the head of a covered element of the intelligence community may use
appropriated funds or nonappropriated funds of the element in carrying
out this subsection.
``regulations
``Sec. 1014. (a) In General.--The Secretary of Defense and the
Director of National Intelligence shall jointly prescribe regulations
to carry out the Foreign Languages Program.
``(b) Elements of the Intelligence Community.--The head of each
covered element of the intelligence community shall prescribe
regulations to carry out sections 1012 and 1013 with respect to that
element including the following:
``(1) Procedures to be utilized for the acceptance of voluntary
services under section 1013.
``(2) Procedures and requirements relating to the installation
of equipment under section 1013(f).
``Definitions
``Sec. 1015. In this subtitle:
``(1) The term `covered element of the intelligence community'
means an agency, office, bureau, or element referred to in
subparagraphs (B) through (L) of section 3(4).
``(2) The term `educational institution' means--
``(A) a local educational agency (as that term is defined
in section 9101(26) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(26)));
``(B) an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002) other than institutions referred to in subsection
(a)(1)(C) of such section); or
``(C) any other nonprofit institution that provides
instruction of foreign languages in languages that are critical
to the capability of the intelligence community to carry out
national security activities of the United States.
``(3) The term `dedicated personnel' means employees of the
intelligence community and private citizens (including former
civilian employees of the Federal Government who have been
voluntarily separated, and members of the United States Armed
Forces who have been honorably discharged, honorably separated, or
generally discharged under honorable circumstances and rehired on a
voluntary basis specifically to perform the activities authorized
under this subtitle).
``Subtitle C--Additional Education Provisions
``assignment of intelligence community personnel as language students
``Sec. 1021. (a) In General.--The Director of National
Intelligence, acting through the heads of the elements of the
intelligence community, may assign employees of such elements in
analyst positions requiring foreign language expertise as students at
accredited professional, technical, or other institutions of higher
education for training at the graduate or undergraduate level in
foreign languages required for the conduct of duties and
responsibilities of such positions.
``(b) Authority for Reimbursement of Costs of Tuition and
Training.--(1) The Director of National Intelligence may reimburse an
employee assigned under subsection (a) for the total cost of the
training described in that subsection, including costs of educational
and supplementary reading materials.
``(2) The authority under paragraph (1) shall apply to employees
who are assigned on a full-time or part-time basis.
``(3) Reimbursement under paragraph (1) may be made from
appropriated or nonappropriated funds.
``(c) Relationship to Compensation as an Analyst.--Reimbursement
under this section to an employee who is an analyst is in addition to
any benefits, allowances, travel expenses, or other compensation the
employee is entitled to by reason of serving in such an analyst
position.''.
(b) Clerical Amendment.--The table of contents for the National
Security Act of 1947 is amended by striking the item relating to
section 1001 and inserting the following new items:
``Subtitle A--Science and Technology
``Sec. 1001. Scholarships and work-study for pursuit of graduate degrees
in science and technology.
``Subtitle B--Foreign Languages Program
``Sec. 1011. Program on advancement of foreign languages critical to the
intelligence community.
``Sec. 1012. Education partnerships.
``Sec. 1013. Voluntary services.
``Sec. 1014. Regulations.
``Sec. 1015. Definitions.
``Subtitle C--Additional Education Provisions
``Sec. 1021. Assignment of intelligence community personnel as language
students.''.
SEC. 613. PILOT PROJECT ON CIVILIAN LINGUIST RESERVE CORPS.
(a) Pilot Project.--The Director of National Intelligence shall
conduct a pilot project to assess the feasibility and advisability of
establishing a Civilian Linguist Reserve Corps comprised of United
States citizens with advanced levels of proficiency in foreign
languages who would be available upon the call of the Director to
perform such service or duties with respect to such foreign languages
in the intelligence community as the Director may specify.
(b) Conduct of Project.--Taking into account the findings and
recommendations contained in the report required under section 325 of
the Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 116 Stat. 2393), in conducting the pilot project under
subsection (a) the Director of National Intelligence shall--
(1) identify several foreign languages that are critical for
the national security of the United States;
(2) identify United States citizens with advanced levels of
proficiency in the foreign languages identified under paragraph (1)
who would be available to perform the services and duties referred
to in subsection (a); and
(3) when considered necessary by the Director, implement a call
for the performance of such services and duties.
(c) Duration of Project.--The pilot project under subsection (a)
shall be conducted for a three-year period.
(d) Authority To Enter Into Contracts.--The Director of National
Intelligence may enter into contracts with appropriate agencies or
entities to carry out the pilot project under subsection (a).
(e) Reports.--(1) The Director of National Intelligence shall
submit to Congress an initial and a final report on the pilot project
conducted under subsection (a).
(2) Each report required under paragraph (1) shall contain
information on the operation of the pilot project, the success of the
pilot project in carrying out the objectives of the establishment of a
Civilian Linguist Reserve Corps, and recommendations for the
continuation or expansion of the pilot project.
(3) The final report shall be submitted not later than six months
after the completion of the pilot project.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Director of National Intelligence for each of
fiscal years 2005, 2006, and 2007 in order to carry out the pilot
project under subsection (a) such sums as are specified in the
classified Schedule of Authorizations referred to in section 102.
SEC. 614. REPORT ON STATUS, CONSOLIDATION, AND IMPROVEMENT OF
INTELLIGENCE EDUCATION PROGRAMS.
(a) Report.--Not later than June 1, 2005, the Director of National
Intelligence shall submit to Congress a report setting forth--
(1) the status of each intelligence education program,
including the statutory, regulatory, or administrative authority
under which such program is carried out; and
(2) such recommendations as the Director considers appropriate
for legislative or administrative action to consolidate, enhance
the coordination of, or otherwise improve such intelligence
education programs.
(b) Intelligence Education Program Defined.--In this section, the
term ``intelligence education program'' means any grant, scholarship,
education, or similar program (whether authorized by statute,
regulation, or administrative order) that--
(1) is supported, funded, or carried out by a department,
agency, or element of the intelligence community; or
(2) is otherwise intended to aid in the recruitment, retention,
or training of intelligence community personnel.
SEC. 615. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED INSTRUCTORS
OF THE DEFENSE LANGUAGE INSTITUTE.
(a) Study.--The Secretary of Defense shall conduct a study on
mechanisms to improve the recruitment and retention of qualified
foreign language instructors at the Foreign Language Center of the
Defense Language Institute. In conducting the study, the Secretary
shall consider, in the case of a foreign language instructor who is an
alien, the appropriateness of expeditious adjustment of the status of
the alien under applicable immigration law from a temporary status to
that of an alien lawfully admitted for permanent residence.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the study conducted
under subsection (a). The report shall include such recommendations for
such legislative or administrative action as the Secretary considers
appropriate.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Select Committee on Intelligence and the Committee on
Armed Services of the Senate; and
(2) the Permanent Select Committee on Intelligence and the
Committee on Armed Services of the House of Representatives.
TITLE VII--TERRORISM MATTERS
SEC. 701. INFORMATION ON TERRORIST GROUPS THAT SEEK WEAPONS OF MASS
DESTRUCTION AND GROUPS THAT HAVE BEEN DESIGNATED AS
FOREIGN TERRORIST ORGANIZATIONS.
(a) Inclusion in Reports.--Section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is
amended--
(1) in subsection (a)(2)--
(A) by inserting ``any terrorist group known to have
obtained or developed, or to have attempted to obtain or
develop, weapons of mass destruction,'' after ``during the
preceding five years,''; and
(B) by inserting ``any group designated by the Secretary as
a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189),'' after
``Export Administration Act of 1979,'';
(2) in subsection (b)--
(A) in paragraph (1)(C)--
(i) in clause (iii), by striking ``and'' at the end;
(ii) by redesignating clause (iv) as clause (v); and
(iii) by inserting after clause (iii) the following new
clause (iv):
``(iv) providing weapons of mass destruction, or
assistance in obtaining or developing such weapons, to
terrorists or terrorist groups;'';
(B) in paragraph (2)--
(i) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively;
(ii) by inserting after subparagraph (B) the following
new subparagraph (C):
``(C) efforts by those groups to obtain or develop weapons
of mass destruction;''; and
(iii) in subparagraph (F), as so redesignated, by
striking the period and inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(3) to the extent practicable, complete statistical
information on the number of individuals, including United States
citizens and dual nationals, killed, injured, or kidnapped by each
terrorist group during the preceding calendar year; and
``(4) an analysis, as appropriate, of trends in international
terrorism, including changes in technology used, methods and
targets of attack, demographic information on terrorists, and other
appropriate information.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply beginning with the first report under section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 that is
submitted more than one year after the date of the enactment of this
Act.
TITLE VIII--OTHER MATTERS
SEC. 801. EFFECTIVE DATE.
Except as otherwise expressly provided in this Act, this Act (and
the amendments made by this Act) shall take effect on the date of the
enactment of this Act.
SEC. 802. CONSTRUCTION OF REFERENCES TO DIRECTOR OF CENTRAL
INTELLIGENCE.
Except as otherwise specifically provided or otherwise provided by
context, any reference in this Act, or in the classified annex to
accompany this Act, to the Director of Central Intelligence shall be
deemed to be a reference to the Director of Central Intelligence as
head of the intelligence community.
SEC. 803. SAVINGS PROVISIONS RELATING TO DISCHARGE OF CERTAIN FUNCTIONS
AND AUTHORITIES.
(a) Head of Intelligence Community.--(1) During the period
beginning on the date of the enactment of this Act and ending on the
date of the appointment of the Director of National Intelligence under
section 102 of the National Security Act of 1947, as amended by section
1011(a) of the National Security Intelligence Reform Act of 2004, the
Director of Central Intelligence may, acting as the head of the
intelligence community, discharge the functions and authorities
provided in this Act, and the amendments made by this Act, to the
Director of National Intelligence.
(2) During the period referred to in paragraph (1) any reference in
this Act or the amendments made by this Act to the Director of National
Intelligence shall be considered to be a reference to the Director of
Central Intelligence, as the head of the intelligence community.
(3) Upon the appointment of an individual as Director of National
Intelligence under section 102 of the National Security Act of 1947, as
so amended, any reference in this Act, or in the classified annex to
accompany this Act, to the Director of Central Intelligence as head of
the intelligence community shall be deemed to be a reference to the
Director of National Intelligence.
(b) Head of Central Intelligence Agency.--(1) During the period
beginning on the date of the enactment of this Act and ending on the
date of the appointment of the Director of the Central Intelligence
Agency under section 104A of the National Security Act of 1947, as
amended by section 1011(a) of the National Security Intelligence Reform
Act of 2004, the Director of Central Intelligence may, acting as the
head of the Central Intelligence Agency, discharge the functions and
authorities provided in this Act, and the amendments made by this Act,
to the Director of the Central Intelligence Agency.
(2) Upon the appointment of an individual as Director of the
Central Intelligence Agency under section 104A of the National Security
Act of 1947, as so amended, any reference in this Act, or in the
classified annex to accompany this Act, to the Director of Central
Intelligence as head of the Central Intelligence Agency shall be deemed
to be a reference to the Director of the Central Intelligence Agency.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.