[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4574 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4574
To amend title VIII of the Intelligence Authorization Act for Fiscal
Year 1992, as amended, to revise the funding mechanism for
scholarships, fellowships, and grants to institutions under the
National Security Education Program, 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), and in addition to the
Committees on Armed Services and Education and the Workforce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend title VIII of the Intelligence Authorization Act for Fiscal
Year 1992, as amended, to revise the funding mechanism for
scholarships, fellowships, and grants to institutions under the
National Security Education Program, 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.
This Act may be cited as the ``National Security Education Program
Enhancement Act of 2004''.
SEC. 2. PROVISION FOR ANNUAL AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Title VIII of the Intelligence Authorization Act
for Fiscal Year 1992 (Public Law 102-183; 105 Stat. 1271), as amended
by section 311(c) of the Intelligence Authorization Act for Fiscal Year
1994 (Public Law 103-178; 107 Stat. 2037), is amended by adding at the
end of section 810 the following new subsection:
``(c) Funding From Intelligence Community Management Account for
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts
that may be made available to the Secretary under the Fund for a fiscal
year, the Director of Central Intelligence shall transfer to the
Secretary from amounts appropriated for the Intelligence Community
Management Account for each fiscal year, beginning with fiscal year
2005, $8,000,000, to carry out the scholarship, fellowship, and grant
programs under subparagraphs (A), (B), and (C), respectively, of
section 802(a)(1).''.
(b) Conforming Amendment.--Section 802(a)(2) of such Act (50 U.S.C.
1902(a)(2)) is amended in the matter preceding subparagraph (A) by
inserting ``or from an appropriation pursuant to the authorization
under section 810(c)''.
SEC. 3. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER NATIONAL
SECURITY EDUCATION PROGRAM.
(a) In General.--Subsection (b)(2) of section 802 of title VIII of
the Intelligence Authorization Act for Fiscal Year 1992 (Public Law
102-183; 105 Stat. 1273), as amended by section 925(a) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1578), is amended by striking subparagraphs (A) and (B), and
inserting the following:
``(A) in the case of a recipient of a scholarship,
as soon as practicable but in no case later than three
years after the completion by the recipient of the
study for which scholarship assistance was provided
under the program, the recipient shall work for a
period of one year--
``(i) in a national security position that
the Secretary certifies is appropriate to use
the unique language and region expertise
acquired by the recipient pursuant to such
study in the Department of Defense, in any
element of the intelligence community, in the
Department of Homeland Security, or in the
Department of State; or
``(ii) in such a position in any other
Federal department or agency not referred to in
clause (i) if the recipient demonstrates to the
Secretary that no position is available in a
Federal department or agency specified in
clause (i); or
``(B) in the case of a recipient of a fellowship,
as soon as practicable but in no case later than two
years after the completion by the recipient of the
study for which fellowship assistance was provided
under the program, the recipient shall work for a
period equal to the duration of assistance provided
under the program, but in no case less than one year--
``(i) in a position described in
subparagraph (A)(i) that the Secretary
certifies is appropriate to use the unique
language and region expertise acquired by the
recipient pursuant to such study; or
``(ii) in such a position in any other
Federal department or agency not referred to in
clause (i) if the recipient demonstrates to the
Secretary that no position is available in a
Federal department or agency specified in
clause (i); and''.
(b) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the amendment made by subsection (a). In
prescribing such regulations, the Secretary shall establish standards
that recipients of scholarship and fellowship assistance under the
program under such section 802 are required to demonstrate to satisfy
the requirement of a good faith effort to gain employment as required
under subparagraphs (A) and (B) of subsection (b)(2) of such section.
(c) Applicability.--(1) The amendment made by subsection (a) shall
apply with respect to service agreements entered into under the David
L. Boren National Security Education Act of 1991 on or after the date
of the enactment of this Act.
(2) The amendment made by subsection (a) shall not affect the
force, validity, or terms of any service agreement entered into under
the David L. Boren National Security Education Act of 1991 before the
date of the enactment of this Act that is in force as of that date.
SEC. 4. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
(a) Increase in Annual Funding.--Title VIII of the Intelligence
Authorization Act for Fiscal Year 1992 (Public Law 102-183; 105 Stat.
1271), as amended by section 311(c) of the Intelligence Authorization
Act for Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2037) and by
section 333(b) of the Intelligence Authorization Act for Fiscal Year
2003 (Public Law 107-306; 116 Stat. 2397), is amended by striking
section 811 and inserting the following new section 811:
``SEC. 811. FUNDING FOR THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
``(a) Authorization of Appropriations for Fiscal Years 2003 and
2004.--In addition to amounts that may be made available to the
Secretary under the Fund for a fiscal year, there is authorized to be
appropriated to the Secretary for each fiscal year, beginning with
fiscal year 2003, $10,000,000, to carry out the grant program for the
National Flagship Language Initiative under section 802(a)(1)(D).
``(b) Funding From Intelligence Community Management Account for
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts
that may be made available to the Secretary under the Fund for a fiscal
year, the Director of Central Intelligence shall transfer to the
Secretary from amounts appropriated for the Intelligence Community
Management Account for each fiscal year, beginning with fiscal year
2005, $12,000,000, to carry out the grant program for the National
Flagship Language Initiative under section 802(a)(1)(D).
``(c) Availability of Appropriated Funds.--Amounts made available
under this section shall remain available until expended.''.
(b) Requirement for Employment Agreements.--(1) Section 802(i) of
the David L. Boren National Security Education Act of 1991 (50 U.S.C.
1902(i)) is amended by adding at the end the following new paragraph:
``(5)(A) In the case of an undergraduate or graduate student that
participates in training in programs under paragraph (1), the student
shall enter into an agreement described in subsection (b), other than
such a student who has entered into such an agreement pursuant to
subparagraph (A)(ii) or (B)(ii) of section 802(a)(1).
``(B) In the case of a student who is an employee of an agency or
department of the Federal Government that participates in training in
programs under paragraph (1), the employee shall agree in writing--
``(i) to continue in the service of the agency or
department of the Federal Government employing the student for
the period of such training;
``(ii) to continue in the service of such agency or
department employing the student following completion of such
training for a period of two years for each year, or part of
the year, of such training;
``(iii) to reimburse the United States for the total cost
of such training (excluding the student's pay and allowances)
provided to the student if, before the completion by the
student of the training, the employment of the student by the
agency or department is terminated due to misconduct by the
recipient or by the recipient voluntarily; and
``(iv) to reimburse the United States if, after completing
such training, the employment of the student by the agency or
department is terminated either by the agency or department due
to misconduct by the student or by the student voluntarily,
before the completion by the student of the period of service
required in clause (ii), in an amount that bears the same ratio
to the total cost of the training (excluding the student's pay
and allowances) provided to the student as the unserved portion
of such period of service bears to the total period of service
under clause (ii).
``(C) Subject to subparagraph (D), the obligation to reimburse the
United States under an agreement under subparagraph (A) is for all
purposes a debt owing the United States.
``(D)(i) A discharge in bankruptcy under title 11, United States
Code, shall not release a person from an obligation to reimburse the
United States under an agreement under subparagraph (A) if the final
decree of the discharge in bankruptcy is issued within five years after
the last day of the combined period of service obligation described in
clauses (i) and (ii) of subparagraph (B).
``(ii) The head of an element of the intelligence community may
release a recipient, in whole or in part, from the obligation to
reimburse the United States under an agreement under subparagraph (A)
when, in the discretion of the head of the element, the head of the
element determines that equity or the interests of the United States so
require.''.
(2) The amendment made by paragraph (1) shall apply to training
that begins on or after the date that is 90 days after the date of the
enactment of this Act.
(c) Increase in the Number of Participating Educational
Institutions.--The Secretary of Defense shall take such steps as the
Secretary determines will increase the number of qualified educational
institutions that receive grants under the National Flagship Language
Initiative to establish, operate, or improve activities designed to
train students in programs in a range of disciplines to achieve
advanced levels of proficiency in those foreign languages that the
Secretary identifies as being the most critical in the interests of the
national security of the United States.
(d) Clarification of Authority to Support Studies Abroad.--
Educational institutions that receive grants under the National
Flagship Language Initiative may support students who pursue total
immersion foreign language studies overseas of foreign languages that
are critical to the national security of the United States.
SEC. 5. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE
STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED
STATES WITHIN THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) Scholarship Program for English Language Studies for Heritage
Community Citizens of the United States.--(1) Subsection (a)(1) of
section 802 of the David L. Boren National Security Education Act of
1991 (50 U.S.C. 1902) is amended--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) awarding scholarships to students who--
``(i) are United States citizens who--
``(I) are native speakers (commonly
referred to as heritage community
residents) of a foreign language that
is identified as critical to the
national security interests of the
United States who should be actively
recruited for employment by Federal
security agencies with a need for
linguists; and
``(II) are not proficient at a
professional level in the English
language with respect to reading,
writing, and interpersonal skills
required to carry out the national
security interests of the United
States, as determined by the Secretary,
to enable such students to pursue English
language studies at an institution of higher
education of the United States to attain
proficiency in those skills; and
``(ii) enter into an agreement to work in a
national security position or work in the field
of education in the area of study for which the
scholarship was awarded in a similar manner (as
determined by the Secretary) as agreements
entered into pursuant to subsection
(b)(2)(A).''.
(2) The matter following subsection (a)(2) of such section is
amended--
(A) in the first sentence, by inserting ``or for the
scholarship program under paragraph (1)(E)'' after ``under
paragraph (1)(D) for the National Flagship Language Initiative
described in subsection (i)''; and
(B) by adding at the end the following: ``For the authorization of
appropriations for the scholarship program under paragraph (1)(E), see
section 812.''.
(3) Section 803(d)(4)(E) of such Act (50 U.S.C. 1903(d)(4)(E)) is
amended by inserting before the period the following: ``and section
802(a)(1)(E) (relating to scholarship programs for advanced English
language studies by heritage community residents).''.
(b) Funding.--The David L. Boren National Security Education Act of
1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the
following new section:
``SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR CERTAIN HERITAGE
COMMUNITY RESIDENTS.
``(a) Funding From Intelligence Community Management Account.--In
addition to amounts that may be made available to the Secretary under
the Fund for a fiscal year, the Director of Central Intelligence shall
transfer to the Secretary from amounts appropriated for the
Intelligence Community Management Account for each fiscal year,
beginning with fiscal year 2005, $4,000,000, to carry out the
scholarship programs for English language studies by certain heritage
community residents under section 802(a)(1)(E).
``(b) Availability of Funds.--Amounts made available under
subsection (a) shall remain available until expended.''.
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