[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4573 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4573
To amend the National Security Act of 1947 to provide for enhanced
language education and training for members of the intelligence
community, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2004
Mr. Bereuter (for himself, Mr. Boehlert, Mr. LaHood, Ms. Eshoo, and Mr.
Holt) introduced the following bill; which was referred to the Select
Committee on Intelligence (Permanent Select)
_______________________________________________________________________
A BILL
To amend the National Security Act of 1947 to provide for enhanced
language education and training for members of the intelligence
community, 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 Act may be cited as the ``Intelligence
Community Language Capabilities Enhancement Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Assistant Director of Central Intelligence for Language and
Education.
Sec. 4. Requirement for foreign language proficiency for advancement to
senior level positions in the intelligence
community.
Sec. 5. Advancement of foreign languages critical to the intelligence
community.
Sec. 6. Pilot project for Civilian Linguist Reserve Corps.
Sec. 7. Codification of establishment of the National Virtual
Translation Center.
Sec. 8. Report on recruitment and retention of qualified instructors of
the Defense Language Institute.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) It is essential for the national security of the United
States that the intelligence community attracts and retains
adequate numbers of individuals whose skills include
proficiency in foreign languages.
(2) In order to perform the assigned mission of gathering
and producing foreign intelligence on matters of national
interest, components of the intelligence community have a
pressing need for personnel with highly developed skills in
foreign language and culture.
(3) Numerous commissions, including the Hart-Rudman
Commission on National Security in the 21st Century and the
Select Committee on U.S. National Security on Military/
Commercial Concerns with the People's Republic of China, have
cited the critical national security requirement for greater
foreign language expertise.
(4) The Subcommittee on Terrorism and Homeland Security of
the Permanent Select Committee on Intelligence of the House of
Representatives noted in its Report on Counterterrorism
Intelligence Capability and Performance Prior to 9-11 that less
than one-third of case officer trainees of the Central
Intelligence Agency in a recent class have any language
experience.
(5) The Joint Inquiry of the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives regarding the
terrorist attacks of September 11, 2001, recognized the
critical importance of expanding the pool of personnel with
language capabilities, and recommended the establishment of a
robust Civilian Linguist Reserve Corps and the awarding of
scholarships for the study of foreign language.
(6) Despite the pressing need for linguistic skills, the
American Council on Education found that foreign language
enrollments in United States higher education fell from 16
percent in 1960 to just 8 percent in 2004, and the number of 4-
year colleges with foreign language entrance and graduation
requirements also had declined.
(7) Existing public and private educational programs do not
provide sufficient numbers of linguists qualified in Arabic,
Chinese, Hindi, Japanese, Korean, Persian, Russian, Turkish and
other critical languages.
(8) In addition to renewed emphasis on language instruction
within the intelligence community, new and creative methods
must be found to recruit linguists to serve in a national
security capacity.
(9) The effort to recruit and retain skilled linguists
requires the coordinated effort by the heads of all members of
the intelligence and national security community.
SEC. 3. ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE FOR LANGUAGE AND
EDUCATION.
(a) In General.--Section 102 of the National Security Act of 1947
(50 U.S.C. 403) is amended--
(1) by adding at the end the following new subsection:
``(i) Assistant Director of Central Intelligence for Language and
Education.--(1) To assist the Director of Central Intelligence in
carrying out the Director's responsibilities under this Act, there
shall be an Assistant Director of Central Intelligence for Language and
Education who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) The Assistant Director of Central Intelligence for Language
and Education shall carry out the following duties:
``(A) Overseeing and coordinating requirements for foreign
language education and training of the intelligence community.
``(B) Establishing policy, standards, and priorities
relating to such requirements.
``(C) Identifying languages that are critical to the
capability of the intelligence community to carry out national
security activities of the United States.
``(D) Monitoring the allocation of resources for foreign
language education and training in order to ensure the
requirements of the intelligence community with respect to
foreign language proficiency are met.'';
(2) in subsection (d)(2) by adding at the end the
following:
``(E) Through the Assistant Director of Central
Intelligence for Language and Education, ensuring the foreign
language education and training requirements of the
intelligence community are met.''; and
(3) in subsection (e)(2)--
(A) by redesignating subparagraph (H) as
subparagraph (I); and
(B) by inserting after subparagraph (G) the
following new subparagraph (H):
``(H) The Assistant Director of Central Intelligence for
Education and Language.''.
(b) Reports.--Not later than 1 year after the date on which the
Assistant Director of Central Intelligence for Language and Education
is first appointed under section 102(i) of the National Security Act of
1947, as added by subsection (a), the Assistant Director shall submit
to Congress the following reports:
(1) A report that identifies--
(A) skills and processes involved in learning a
foreign language; and
(B) characteristics and teaching techniques that
are most effective in teaching foreign languages.
(2)(A) A report that identifies foreign language heritage
communities, particularly such communities that include
speakers of languages that are critical to the national
security of the United States.
(B) For purposes of subparagraph (A), the term ``foreign
language heritage community'' means a community of residents or
citizens of the United States--
(i) who are native speakers of, or who have fluency
in, a foreign language; and
(ii) who should be actively recruited for
employment by Federal security agencies with a need for
linguists.
(3) A report on--
(A) the estimated cost of establishing a program
under which the heads of elements of the intelligence
community agree to repay employees of the intelligence
community for any student loan taken out by that
employee for the study of foreign languages critical
for the national security of the United States; and
(B) the effectiveness of such a program in
recruiting and retaining highly qualified personnel in
the intelligence community.
SEC. 4. REQUIREMENT FOR FOREIGN LANGUAGE PROFICIENCY FOR ADVANCEMENT TO
SENIOR LEVEL POSITIONS IN THE INTELLIGENCE COMMUNITY.
(a) In General.--Section 104 of the National Security Act of 1947
(50 U.S.C. 403-4) is amended by adding at the end the following new
subsection:
``(i) Requirement for Foreign Language Proficiency for Certain
Senior Level Positions in the Central Intelligence Agency.--(1) An
individual may not be appointed to a position in the Senior
Intelligence Service in the Directorate of Intelligence or the
Directorate of Operations of the Central Intelligence Agency unless the
Director of Central Intelligence determines that the individual--
``(A) has been certified as having a professional speaking
and reading proficiency in a foreign language, such proficiency
being at least level 3 on the Interagency Language Roundtable
Language Skills Level or commensurate proficiency level on such
other indicator of proficiency as the Director determines to be
appropriate; and
``(B) is able to effectively communicate the priorities of
the United States and exercise influence in that foreign
language.
``(2) The Director shall carry out this subsection through the
Assistant Director of Central Intelligence for Language and
Education.''.
(b) Conforming Amendment.--Subsection (i) of section 102 of the
National Security Act of 1947 (50 U.S.C. 403), as added by section
3(a), is amended in paragraph (2) by adding at the end the following
new subparagraph:
``(E) Making determinations under section 104(i).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to appointments made on or after the date that is
one year after the date of the enactment of this Act.
(d) Report on Exceptions.--The Director of Central Intelligence
shall submit to Congress a report that identifies positions within the
Senior Intelligence Service in the Directorate of Intelligence or the
Directorate of Operations of the Central Intelligence Agency that
should be exempt from the requirements of section 104(i) of the
National Security Act of 1947, as added by subsection (a), and that
includes the rationale for the exemption of each such position
identified by the Director.
SEC. 5. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE INTELLIGENCE
COMMUNITY.
(a) In General.--Title X of the National Security Act of 1947 (50
U.S.C.) is amended--
(1) by inserting before section 1001 (50 U.S.C. 441g) the
following:
``Subtitle A--Science and Technology'';
and
(2) by adding at the end the following new subtitles:
``Subtitle B--Foreign Languages Program
``program on advancement of foreign languages critical to the
intelligence community
``Sec. 1011. (a) Establishment of Program.--The Secretary of
Defense and the Director of Central Intelligence may jointly establish
a program to advance foreign languages skills in languages that are
critical to the capability of the intelligence community to carry out
national security activities of the United States (hereinafter in this
subtitle referred to as the `Foreign Languages Program').
``(b) Identification of Requisite Actions.--In order to carry out
the Foreign Languages Program, the Secretary of Defense and the
Director of Central Intelligence shall jointly determine actions
required to improve the education of personnel in the intelligence
community in foreign languages that are critical to the capability of
the intelligence community to carry out national security activities of
the United States to meet the long-term intelligence needs of the
United States.
``education partnerships
``Sec. 1012. (a) In General.--In carrying out the Foreign Languages
Program, the head of an element of an intelligence community entity may
enter into one or more education partnership agreements with
educational institutions in the United States in order to encourage and
enhance the study of foreign languages that are critical to the
capability of the intelligence community to carry out national security
activities of the United States in educational institutions.
``(b) Assistance Provided Under Educational Partnership
Agreements.--Under an educational partnership agreement entered into
with an educational institution pursuant to this section, the head of
an element of an intelligence community entity may provide the
following assistance to the educational institution:
``(1) The loan of equipment and instructional materials of
the element of the intelligence community entity to the
educational institution for any purpose and duration that the
head determines to be appropriate.
``(2) Notwithstanding any other provision of law relating
to transfers of surplus property, the transfer to the
educational institution of any computer equipment, or other
equipment, that is--
``(A) commonly used by educational institutions;
``(B) surplus to the needs of the entity; and
``(C) determined by the head of the element to be
appropriate for support of such agreement.
``(3) The provision of dedicated personnel to the
educational institution--
``(A) to teach courses in foreign languages that
are critical to the capability of the intelligence
community to carry out national security activities of
the United States; or
``(B) to assist in the development of such courses
and materials for the institution.
``(4) The involvement of faculty and students of the
educational institution in research projects of the element of
the intelligence community entity.
``(5) Cooperation with the educational institution in
developing a program under which students receive academic
credit at the educational institution for work on research
projects of the element of the intelligence community entity.
``(6) The provision of academic and career advice and
assistance to students of the educational institution.
``(7) The provision of cash awards and other items that the
head of the element of the intelligence community entity
determines to be appropriate.
``voluntary services
``Sec. 1013. (a) Authority To Accept Services.--Notwithstanding
section 1342 of title 31, United States Code, and subject to subsection
(b), the Foreign Languages Program under section 1011 shall include
authority for the head of an element of an intelligence community
entity to accept from any individual who is dedicated personnel (as
defined in section 1016(3)) voluntary services in support of the
activities authorized by this subtitle.
``(b) Requirements and Limitations.--(1) In accepting voluntary
services from an individual under subsection (a), the head of the
element shall--
``(A) supervise the individual to the same extent as the
head of the element would supervise a compensated employee of
that element providing similar services; and
``(B) ensure that the individual is licensed, privileged,
has appropriate educational or experiential credentials, or is
otherwise qualified under applicable law or regulations to
provide such services.
``(2) In accepting voluntary services from an individual under
subsection (a), the head of an element of the intelligence community
entity may not--
``(A) place the individual in a policymaking position, or
other position performing inherently government functions; or
``(B) except as provided in subsection (e), compensate the
individual for the provision of such services.
``(c) Authority To Recruit and Train Individuals Providing
Services.--The head of an element of an intelligence community entity
may recruit and train individuals to provide voluntary services
accepted under subsection (a).
``(d) Status of Individuals Providing Services.--(1) Subject to
paragraph (2), while providing voluntary services accepted under
subsection (a) or receiving training under subsection (c), an
individual shall be considered to be an employee of the Federal
Government only for purposes of the following provisions of law:
``(A) Subchapter I of chapter 81 of title 5, United States
Code (relating to compensation for work-related injuries).
``(B) Section 552a of title 5, United States Code (relating
to maintenance of records on individuals).
``(C) Chapter 11 of title 18, United States Code (relating
to conflicts of interest).
``(2)(A) With respect to voluntary services accepted under
paragraph (1) provided by an individual that are within the scope of
the services so accepted, the individual is deemed to be a volunteer of
a governmental entity or nonprofit institution for purposes of the
Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
``(B) In the case of any claim against such an individual with
respect to the provision of such services, section 4(d) of such Act (42
U.S.C. 14503(d)) shall not apply.
``(3) Acceptance of voluntary services under this section shall
have no bearing on the issuance or renewal of a security clearance.
``(e) Compensation for Work-Related Injuries.--For purposes of
determining the compensation for work-related injuries payable under
chapter 81 of title 5, United States Code, to an individual providing
voluntary services accepted under subsection (a), the monthly pay of
the individual for such services is deemed to be equal to the amount
determined by multiplying--
``(1) the average monthly number of hours that the
individual provided the services, by
``(2) the minimum wage determined in accordance with
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)).
``(f) Reimbursement of Incidental Expenses.--(1) The head of an
element of the intelligence community entity may reimburse an
individual for incidental expenses incurred by the individual in
providing voluntary services accepted under subsection (a). The head of
an element of the intelligence community entity shall determine which
expenses are eligible for reimbursement under this subsection.
``(2) Reimbursement under paragraph (1) may be made from
appropriated or nonappropriated funds.
``(g) Authority To Install Equipment.--(1) The head of an element
of the intelligence community may install telephone lines and any
necessary telecommunication equipment in the private residences of
individuals who provide voluntary services accepted under subsection
(a).
``(2) The head of an element of the intelligence community may pay
the charges incurred for the use of equipment installed under paragraph
(1) for authorized purposes.
``(3) Notwithstanding section 1348 of title 31, United States Code,
the head of an element of the intelligence community entity may use
appropriated funds or nonappropriated funds of the element in carrying
out this subsection.
``regulations
``Sec. 1014. (a) In General.--The Secretary of Defense and the
Director of Central Intelligence jointly shall promulgate regulations
necessary to carry out the Foreign Languages Program authorized under
this subtitle.
``(b) Elements of the Intelligence Community.--Each head of an
element of an intelligence community entity shall prescribe regulations
to carry out sections 1012 and 1013 with respect to that element
including the following:
``(1) Procedures to be utilized for the acceptance of
voluntary services under section 1013.
``(2) Procedures and requirements relating to the
installation of equipment under section 1013(g).
``definitions
``Sec. 1015. In this subtitle:
``(1) The term `intelligence community entity' means an
agency, office, bureau, or element referred to in subparagraphs
(B) through (K) of section 3(4).
``(2) The term `educational institution' means--
``(A) a local educational agency (as that term is
defined in section 9101(26) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(26))),
``(B) a college or university, or
``(C) any other nonprofit institution that provides
instruction of foreign languages in languages that are
critical to the capability of the intelligence
community to carry out national security activities of
the United States.
``(3) The term `dedicated personnel' means employees of the
intelligence community and private citizens (including former
civilian employees of the Federal Government who have been
voluntarily separated, and members of the United States Armed
Forces who have been honorably discharged or generally
discharged under honorable circumstances, and rehired on a
voluntary basis specifically to perform the activities
authorized under this subtitle).
``Subtitle C--Additional Education Provisions
``assignment of intelligence community personnel as language students
``Sec. 1021. (a) In General.--The Director of Central Intelligence,
acting through the heads of the elements of the intelligence community,
may assign employees of such elements in analyst positions requiring
foreign language expertise as students at accredited professional,
technical, or other institutions of higher education for training at
the graduate or undergraduate level in foreign languages required for
the conduct of duties and responsibilities of such positions.
``(b) Authority for Reimbursement of Costs of Tuition and
Training.--(1) The Director may reimburse an employee assigned under
subsection (a) for the total cost of the training described in
subsection (a), including costs of educational and supplementary
reading materials.
``(2) The authority under paragraph (1) shall apply to employees
who are assigned on a full-time or part-time basis.
``(3) Reimbursement under paragraph (1) may be made from
appropriated or nonappropriated funds.
``(c) Relationship to Compensation As an Analyst.--Reimbursement
under this section to an employee who is an analyst is in addition to
any benefits, allowances, travels, or other compensation the employee
is entitled to by reason of serving in such an analyst position.''.
(b) Clerical Amendment.--The table of contents for the National
Security Act of 1947 is amended by striking the item relating to
section 1001 and inserting the following new items:
``Subtitle A--Science and Technology
``Sec. 1001. Scholarships and work-study for pursuit of graduate
degrees in science and technology.
``Subtitle B--Foreign Languages Program
``Sec. 1011. Program on advancement of foreign languages critical to
the intelligence community.
``Sec. 1012. Education partnerships.
``Sec. 1013. Voluntary services.
``Sec. 1014. Regulations.
``Sec. 1015. Definitions.
``Subtitle C--Additional Education Provisions
``Sec. 1021. Assignment of intelligence community personnel as language
students.''.
SEC. 6. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE CORPS.
(a) Pilot Project.--The Director of Central Intelligence shall
conduct a pilot project to establish a Civilian Linguist Reserve Corps
comprised of United States citizens with advanced levels of proficiency
in foreign languages who would be available upon a call of the
President to perform such service or duties with respect to such
foreign languages in the Federal Government as the President may
specify.
(b) Conduct of Project.--Taking into account the findings and
recommendations contained in the report required under section 325 of
the Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 116 Stat. 2393), in conducting the pilot project under
subsection (a) the Director of Central Intelligence shall--
(1) identify several foreign languages that are critical
for the national security of the United States;
(2) identify United States citizens with advanced levels of
proficiency in those foreign languages who would be available
to perform the services and duties referred to in subsection
(a); and
(3) implement a call for the performance of such services
and duties.
(c) Duration of Project.--The pilot project under subsection (a)
shall be conducted for a three-year period.
(d) Authority To Enter Into Contracts.--The Director of Central
Intelligence may enter into contracts with appropriate agencies or
entities to carry out the pilot project under subsection (a).
(e) Reports.--(1) The Director of Central Intelligence shall submit
to Congress an initial and a final report on the pilot project
conducted under subsection (a).
(2) Each report required under paragraph (1) shall contain
information on the operation of the pilot project, the success of the
pilot project in carrying out the objectives of the establishment of a
Civilian Linguist Reserve Corps, and recommendations for the
continuation or expansion of the pilot project.
(3) The final report shall be submitted not later than 6 months
after the completion of the project.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of Central Intelligence $9,000,000 for
each of fiscal years 2005, 2006, and 2007 in order to carry out the
pilot project under subsection (a).
SEC. 7. CODIFICATION OF ESTABLISHMENT OF THE NATIONAL VIRTUAL
TRANSLATION CENTER.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by adding at the end the following new
section:
``national virtual translation center
``Sec. 119. (a) In General.--There is an element of the
intelligence community known as the National Virtual Translation Center
under the direction of the Director of Central Intelligence.
``(b) Function.--The National Virtual Translation Center shall
provide for timely and accurate translations of foreign intelligence
for all other elements of the intelligence community.
``(c) Facilitating Access to Translations.--In order to minimize
the need for a central facility for the National Virtual Translation
Center, the Center shall--
``(1) use state-of-the-art communications technology;
``(2) integrate existing translation capabilities in the
intelligence community; and
``(3) use remote-connection capacities.
``(d) Use of Secure Facilities.--Personnel of the National Virtual
Translation Center may carry out duties of the Center at any location
that--
``(1) has been certified as a secure facility by an agency
or department of the United States; and
``(2) the Director of Central Intelligence determines to be
appropriate for such purpose.''.
(b) Clerical Amendment.--The table of sections for that Act is
amended by inserting after the item relating to section 505 the
following new item:
``Sec. 119. National Virtual Translation Center.''.
SEC. 8. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED INSTRUCTORS OF
THE DEFENSE LANGUAGE INSTITUTE.
(a) Study.--The Secretary of Defense shall conduct a study on
methods to improve the recruitment and retention of qualified foreign
language instructors at the Foreign Language Center of the Defense
Language Institute. In conducting the study, the Secretary shall
consider, in the case of foreign language instructors who are aliens,
to expeditiously adjust the status of the alien from a temporary status
to that of an alien lawfully admitted for permanent residence.
(b) Report.--(1) Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the study conducted
under subsection (a), and shall include in that report recommendations
for such changes in legislation and regulation as the Secretary
determines to be appropriate.
(2) Definition.--In this subsection, the term ``appropriate
congressional committees'' means the following:
(A) The Select Committee on Intelligence and the Committee
on Armed Services of the Senate.
(B) The Permanent Select Committee on Intelligence and the
Committee on Armed Services of the House of Representatives.
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