Text: H.R.4548 — 108th Congress (2003-2004)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 108-487 (12/23/2004)

 
[108th Congress Public Law 487]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ487.108]


[[Page 118 STAT. 3939]]

Public Law 108-487
108th Congress

                                 An Act


 
 To authorize appropriations for fiscal year 2005 for intelligence and 
  intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
 Retirement and Disability System, and for other purposes. <<NOTE: Dec. 
                       23, 2004 -  [H.R. 4548]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: Intelligence Authorization Act for Fiscal Year 
2005.>> Short Title.--This title may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2005''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
Sec. 106. Specific authorization of funds for intelligence or 
           intelligence-related activities for which fiscal year 2004 
           appropriations exceed amounts authorized.
Sec. 107. Preparation and submittal of reports, reviews, studies, and 
           plans relating to intelligence activities of Department of 
           Defense and Department of Energy.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                      TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
           law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Chief Information Officer.
Sec. 304. Improvement of authorities relating to National Virtual 
           Translation Center.
Sec. 305. Intelligence assessment on sanctuaries for terrorists.
Sec. 306. Sense of Congress on availability to Congress of information 
           on Iraq Oil-For-Food Program of the United Nations.

                  TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Permanent extension of Central Intelligence Agency voluntary 
           separation incentive program.
Sec. 402. Intelligence operations and cover enhancement authority.

           TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

Sec. 501. National Security Agency Emerging Technologies Panel.
Sec. 502. Use of funds for counterdrug and counterterrorism activities 
           for Colombia.

[[Page 118 STAT. 3940]]

                           TITLE VI--EDUCATION

             Subtitle A--National Security Education Program

Sec. 601. Annual funding.
Sec. 602. Improvements to National Flagship Language Initiative.
Sec. 603. Scholarship program for English language studies for heritage 
           community citizens of the United States within National 
           Security Education Program.

   Subtitle B--Improvement in Intelligence Community Foreign Language 
                                 Skills

Sec. 611. Foreign language proficiency for certain senior level 
           positions in the Central Intelligence Agency.
Sec. 612. Advancement of foreign languages critical to the intelligence 
           community.
Sec. 613. Pilot project on Civilian Linguist Reserve Corps.
Sec. 614. Report on status, consolidation, and improvement of 
           intelligence education programs.
Sec. 615. Report on recruitment and retention of qualified instructors 
           of the Defense Language Institute.

                      TITLE VII--TERRORISM MATTERS

Sec. 701. Information on terrorist groups that seek weapons of mass 
           destruction and groups that have been designated as foreign 
           terrorist organizations.

                        TITLE VIII--OTHER MATTERS

Sec. 801. Effective date.
Sec. 802. Construction of references to Director of Central 
           Intelligence.
Sec. 803. Savings provisions relating to discharge of certain functions 
           and authorities.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2005 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Central Intelligence Agency.
            (2) The Department of Defense.
            (3) The Defense Intelligence Agency.
            (4) The National Security Agency.
            (5) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (6) The Department of State.
            (7) The Department of the Treasury.
            (8) The Department of Energy.
            (9) The Department of Justice.
            (10) The Federal Bureau of Investigation.
            (11) The National Reconnaissance Office.
            (12) The National Geospatial-Intelligence Agency.
            (13) The Coast Guard.
            (14) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 2005, for the conduct of the 
intelligence and intelligence-related activities of the elements listed 
in such section, are those specified in the classified Schedule of 
Authorizations prepared to accompany the conference report on the bill 
H.R. 4548 of the One Hundred Eighth Congress.

[[Page 118 STAT. 3941]]

    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. <<NOTE: President.>> The President shall provide for suitable 
distribution of the Schedule, or of appropriate portions of the 
Schedule, within the executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director of 
the Office of Management and Budget, the Director of National 
Intelligence may authorize employment of civilian personnel in excess of 
the number authorized for fiscal year 2005 under section 102 when the 
Director of National Intelligence determines that such action is 
necessary to the performance of important intelligence functions, except 
that the number of personnel employed in excess of the number authorized 
under such section may not, for any element of the intelligence 
community, exceed 2 percent of the number of civilian personnel 
authorized under such section for such element.
    (b) Notice to Intelligence Committees.--The Director of National 
Intelligence shall promptly notify the Select Committee on Intelligence 
of the Senate and the Permanent Select Committee on Intelligence of the 
House of Representatives whenever the Director exercises the authority 
granted by this section.

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2005 the sum of 
$310,466,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2006.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 310 full-time personnel as of September 30, 
2005. Personnel serving in such elements may be permanent employees of 
the Intelligence Community Management Account or personnel detailed from 
other elements of the United States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to amounts 
        authorized to be appropriated for the Intelligence Community 
        Management Account by subsection (a), there are also authorized 
        to be appropriated for the Intelligence Community Management 
        Account for fiscal year 2005 such additional amounts as are 
        specified in the classified Schedule of Authorizations referred 
        to in section 102(a). Such additional amounts for research and 
        development shall remain available until September 30, 2006.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Intelligence Community Management Account as of September 30, 
        2005, there are also authorized such additional personnel for 
        such elements as of that date as are specified in the classified 
        Schedule of Authorizations.

    (d) Reimbursement.--Except as provided in section 113 of the 
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year

[[Page 118 STAT. 3942]]

2005 any officer or employee of the United States or a member of the 
Armed Forces who is detailed to the staff of the Intelligence Community 
Management Account from another element of the United States Government 
shall be detailed on a reimbursable basis, except that any such officer, 
employee, or member may be detailed on a nonreimbursable basis for a 
period of less than one year for the performance of temporary functions 
as required by the Director of National Intelligence.
    (e) National Drug Intelligence Center.-- <<NOTE: 21 USC 873 note.>> 
            (1) In general.--Of the amount authorized to be appropriated 
        in subsection (a), $42,322,000 shall be available for the 
        National Drug Intelligence Center. Within such amount, funds 
        provided for research, development, testing, and evaluation 
        purposes shall remain available until September 30, 2006, and 
        funds provided for procurement purposes shall remain available 
        until September 30, 2007.
            (2) Transfer of funds.--The Director of National 
        Intelligence shall transfer to the Attorney General funds 
        available for the National Drug Intelligence Center under 
        paragraph (1). The Attorney General shall utilize funds so 
        transferred for the activities of the National Drug Intelligence 
        Center.
            (3) Limitation.--Amounts available for the National Drug 
        Intelligence Center may not be used in contravention of the 
        provisions of section 103(d)(1) of the National Security Act of 
        1947 (50 U.S.C. 403-3(d)(1)).
            (4) Authority.--Notwithstanding any other provision of law, 
        the Attorney General shall retain full authority over the 
        operations of the National Drug Intelligence Center.

SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.

    (a) In General.--Each requirement to submit a report to the 
congressional intelligence committees that is included in the joint 
explanatory statement to accompany the conference report on the bill 
H.R. 4548 of the One Hundred Eighth Congress, or in the classified annex 
to this Act, is hereby incorporated into this Act, and is hereby made a 
requirement in law.
    (b) Congressional Intelligence Committees Defined.--In this section, 
the term ``congressional intelligence committees'' means--
            (1) the Select Committee on Intelligence of the Senate; and
            (2) the Permanent Select Committee on Intelligence of the 
        House of Representatives.

SEC. 106. SPECIFIC AUTHORIZATION OF FUNDS FOR INTELLIGENCE OR 
            INTELLIGENCE-RELATED ACTIVITIES FOR WHICH FISCAL YEAR 2004 
            APPROPRIATIONS EXCEED AMOUNTS AUTHORIZED.

    Funds appropriated for an intelligence or intelligence-related 
activity of the United States Government for fiscal year 2004 in excess 
of the amount specified for such activity in the classified Schedule of 
Authorizations prepared to accompany the Intelligence Authorization Act 
for Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2599) shall be 
deemed to be specifically authorized by Congress for purposes of section 
504(a)(3) of the National Security Act of 1947 (50 U.S.C. 414(a)(3)). 
Such funds shall remain available until September 30, 2005.

[[Page 118 STAT. 3943]]

SEC. 107. <<NOTE: 50 USC 415b note.>> PREPARATION AND SUBMITTAL OF 
            REPORTS, REVIEWS, STUDIES, AND PLANS RELATING TO 
            INTELLIGENCE ACTIVITIES OF DEPARTMENT OF DEFENSE AND 
            DEPARTMENT OF ENERGY.

    (a) Consultation in Preparation.--(1) The Director of National 
Intelligence shall ensure that any report, review, study, or plan 
required to be prepared or conducted by a provision of this Act, 
including a provision of the classified Schedule of Authorizations 
referred to in section 102(a) or the classified annex to this Act, that 
involves the intelligence or intelligence-related activities of the 
Department of Defense or the Department of Energy is prepared or 
conducted in consultation with the Secretary of Defense or the Secretary 
of Energy, as appropriate.
    (2) The Secretary of Defense or the Secretary of Energy may carry 
out any consultation required by this subsection through an official of 
the Department of Defense or the Department of Energy, as the case may 
be, designated by such Secretary for that purpose.
    (b) Submittal.--Any report, review, study, or plan referred to in 
subsection (a) shall be submitted, in addition to any other committee of 
Congress specified for submittal in the provision concerned, to the 
following committees or subcommittees of Congress, as appropriate:
            (1) The Committee on Armed Services, the Subcommittee on 
        Defense of the Committee on Appropriations, and the Select 
        Committee on Intelligence of the Senate.
            (2) The Committee on Armed Services, the Subcommittee on 
        Defense of the Committee on Appropriations, and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2005 the sum of 
$239,400,000.

                      TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
            LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of the 
United States.

[[Page 118 STAT. 3944]]

SEC. 303. CHIEF INFORMATION OFFICER.

    (a) Establishment.--(1) Title I of the National Security Act of 
1947, as amended by section 1011(a) of the National Security 
Intelligence Reform Act of 2004, is further amended by inserting after 
                 section 103F the following new section:

    ``Sec. 103G. <<NOTE: President. Congress. 50 USC 403-3g.>> (a) Chief 
Information Officer.--To assist the Director of National Intelligence in 
carrying out the responsibilities of the Director under this Act and 
other applicable provisions of law, there shall be within the Office of 
the Director of National Intelligence a Chief Information Officer who 
shall be appointed by the President, by and with the advice and consent 
of the Senate.

    ``(b) Chief Information Officer of Intelligence Community.--The 
Chief Information Officer shall serve as the chief information officer 
of the intelligence community.
    ``(c) Duties and Responsibilities.--Subject to the direction of the 
Director of National Intelligence, the Chief Information Officer shall--
            ``(1) manage activities relating to the information 
        technology infrastructure and enterprise architecture 
        requirements of the intelligence community;
            ``(2) have procurement approval authority over all 
        information technology items related to the enterprise 
        architectures of all intelligence community components;
            ``(3) direct and manage all information technology-related 
        procurement for the intelligence community; and
            ``(4) ensure that all expenditures for information 
        technology and research and development activities are 
        consistent with the intelligence community enterprise 
        architecture and the strategy of the Director for such 
        architecture.

    ``(d) Prohibition on Simultaneous Service as Other Chief Information 
Officer.--An individual serving in the position of Chief Information 
Officer may not, while so serving, serve as the chief information 
officer of any other department or agency, or component thereof, of the 
United States Government.''.
    (2) The table of contents in the first section of the National 
Security Act of 1947, as amended by the National Security Intelligence 
Reform Act of 2004, is further amended by inserting after the item 
relating to section 103F the following new item:

``Sec. 103G. Chief Information Officer.''.

    (b) <<NOTE: 50 USC 403-3g note.>> Effective Date.--The amendments 
made by this section shall take effect on the effective date of the 
National Security Intelligence Reform Act of 2004, as provided in 
section 801 of this Act.

SEC. 304. IMPROVEMENT OF AUTHORITIES RELATING TO NATIONAL VIRTUAL 
            TRANSLATION CENTER.

    (a) Function of Center.--Section 313 of the Intelligence 
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 
2391; 50 U.S.C. 404n) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection (c):

[[Page 118 STAT. 3945]]

    ``(c) Function.--The element established under subsection (a) shall 
provide for timely and accurate translations of foreign intelligence for 
all elements of the intelligence community through--
            ``(1) the integration of the translation capabilities of the 
        intelligence community;
            ``(2) the use of remote-connection capabilities; and
            ``(3) the use of such other capabilities as the Director 
        considers appropriate.''.

    (b) Location of Discharge of Function.--Subsection (d) of such 
section, as so redesignated, is amended by adding at the end the 
following new paragraph:
    ``(3) Personnel of the element established under subsection (a) may 
carry out the duties and functions of the element at any location that--
            ``(A) has been certified as a secure facility by a 
        department or agency of the United States Government; or
            ``(B) the Director has otherwise determined to be 
        appropriate for such duties and functions''.

SEC. 305. INTELLIGENCE ASSESSMENT ON SANCTUARIES FOR TERRORISTS.

    (a) Assessment Required.--Not later than the date specified in 
subsection (b), the Director of National Intelligence shall submit to 
Congress an intelligence assessment that identifies and describes each 
country or region that is a sanctuary for terrorists or terrorist 
organizations. The assessment shall be based on current all-source 
intelligence.
    (b) Submittal Date.--The date of the submittal of the intelligence 
assessment required by subsection (a) shall be the earlier of--
            (1) the date that is six months after the date of the 
        enactment of this Act; or
            (2) June 1, 2005.

SEC. 306. SENSE OF CONGRESS ON AVAILABILITY TO CONGRESS OF INFORMATION 
            ON IRAQ OIL-FOR-FOOD PROGRAM OF THE UNITED NATIONS.

    It is the sense of Congress that the head of each element of the 
intelligence community, including the Central Intelligence Agency, the 
Federal Bureau of Investigation, and the intelligence elements of the 
Department of Defense, the Department of State, and the Department of 
the Treasury should make available to any committee of Congress with 
jurisdiction over matters relating to the Office of the Iraq Oil-for-
Food Program of the United Nations, upon the request of such committee, 
any information and documents in the possession or control of such 
element in connection with any investigation of that Office by such 
committee.

                  TITLE IV--CENTRAL INTELLIGENCE AGENCY

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

    (a) In General.--Section 2 of the Central Intelligence Agency 
Voluntary Separation Pay Act (50 U.S.C. 403-4 note) is amended--

[[Page 118 STAT. 3946]]

            (1) by striking subsection (f); and
            (2) by redesignating subsections (g) and (h) as subsections 
        (f) and (g), respectively.

    (b) Termination of Funds Remittance Requirement.--(1) Section 2 of 
such Act is further amended by striking subsection (i).
    (2) Section 4(a)(2)(B)(ii) of the Federal Workforce Restructuring 
Act of 1994 (5 U.S.C. 8331 note) is amended by striking ``, or section 2 
of the Central Intelligence Agency Voluntary Separation Pay Act (Public 
Law 103-36; 107 Stat. 104)''.

SEC. 402. INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT AUTHORITY.

    The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) 
             is amended by adding at the end the following:

    ``Sec. 23. (a) Definitions.--In this section-- <<NOTE: 50 USC 
403w.>> 
            ``(1) the term `designated employee' means an employee 
        designated by the Director of the Central Intelligence Agency 
        under subsection (b); and
            ``(2) the term `Federal retirement system' includes the 
        Central Intelligence Agency Retirement and Disability System, 
        and the Federal Employees' Retirement System (including the 
        Thrift Savings Plan).

    ``(b) In General.--
            ``(1) Authority.--Notwithstanding any other provision of 
        law, the Director of the Central Intelligence Agency may 
        exercise the authorities under this section in order to--
                    ``(A) protect from unauthorized disclosure--
                          ``(i) intelligence operations;
                          ``(ii) the identities of undercover 
                      intelligence officers;
                          ``(iii) intelligence sources and methods; or
                          ``(iv) intelligence cover mechanisms; or
                    ``(B) meet the special requirements of work related 
                to collection of foreign intelligence or other 
                authorized activities of the Agency.
            ``(2) Designation of employees.--The Director of the Central 
        Intelligence Agency may designate any employee of the Agency who 
        is under nonofficial cover to be an employee to whom this 
        section applies. Such designation may be made with respect to 
        any or all authorities exercised under this section.

    ``(c) Compensation.--The Director of the Central Intelligence Agency 
may pay a designated employee salary, allowances, and other benefits in 
an amount and in a manner consistent with the nonofficial cover of that 
employee, without regard to any limitation that is otherwise applicable 
to a Federal employee. A designated employee may accept, utilize, and, 
to the extent authorized by regulations prescribed under subsection (i), 
retain any salary, allowances, and other benefits provided under this 
section.
    ``(d) Retirement Benefits.--
            ``(1) In general.--The Director of the Central Intelligence 
        Agency may establish and administer a nonofficial cover employee 
        retirement system for designated employees (and the spouse, 
        former spouses, and survivors of such designated

[[Page 118 STAT. 3947]]

        employees). A designated employee may not participate in the 
        retirement system established under this paragraph and another 
        Federal retirement system at the same time.
            ``(2) Conversion to other federal retirement system.--
                    ``(A) In general.--A designated employee 
                participating in the retirement system established under 
                paragraph (1) may convert to coverage under the Federal 
                retirement system which would otherwise apply to that 
                employee at any appropriate time determined by the 
                Director of the Central Intelligence Agency (including 
                at the time of separation of service by reason of 
                retirement), if the Director of the Central Intelligence 
                Agency determines that the employee's participation in 
                the retirement system established under this subsection 
                is no longer necessary to protect from unauthorized 
                disclosure--
                          ``(i) intelligence operations;
                          ``(ii) the identities of undercover 
                      intelligence officers;
                          ``(iii) intelligence sources and methods; or
                          ``(iv) intelligence cover mechanisms.
                    ``(B) Conversion treatment.--Upon a conversion under 
                this paragraph--
                          ``(i) all periods of service under the 
                      retirement system established under this 
                      subsection shall be deemed periods of creditable 
                      service under the applicable Federal retirement 
                      system;
                          ``(ii) the Director of the Central 
                      Intelligence Agency shall transmit an amount for 
                      deposit in any applicable fund of that Federal 
                      retirement system that--
                                    ``(I) is necessary to cover all 
                                employee and agency contributions 
                                including--
                                            ``(aa) interest as 
                                        determined by the head of the 
                                        agency administering the Federal 
                                        retirement system into which the 
                                        employee is converting; or
                                            ``(bb) in the case of an 
                                        employee converting into the 
                                        Federal Employees' Retirement 
                                        System, interest as determined 
                                        under section 8334(e) of title 
                                        5, United States Code; and
                                    ``(II) ensures that such conversion 
                                does not result in any unfunded 
                                liability to that fund; and
                          ``(iii) in the case of a designated employee 
                      who participated in an employee investment 
                      retirement system established under paragraph (1) 
                      and is converted to coverage under subchapter III 
                      of chapter 84 of title 5, United States Code, the 
                      Director of the Central Intelligence Agency may 
                      transmit any or all amounts of that designated 
                      employee in that employee investment retirement 
                      system (or similar part of that retirement system) 
                      to the Thrift Savings Fund.
                    ``(C) Transmitted amounts.--
                          ``(i) In general.--Amounts described under 
                      subparagraph (B)(ii) shall be paid from the fund 
                      or appropriation used to pay the designated 
                      employee.
                          ``(ii) Offset.--The Director of the Central 
                      Intelligence Agency may use amounts contributed by 
                      the

[[Page 118 STAT. 3948]]

                      designated employee to a retirement system 
                      established under paragraph (1) to offset amounts 
                      paid under clause (i).
                    ``(D) Records.--The Director of the Central 
                Intelligence Agency shall transmit all necessary records 
                relating to a designated employee who converts to a 
                Federal retirement system under this paragraph 
                (including records relating to periods of service which 
                are deemed to be periods of creditable service under 
                subparagraph (B)) to the head of the agency 
                administering that Federal retirement system.

    ``(e) Health Insurance Benefits.--
            ``(1) In general.--The Director of the Central Intelligence 
        Agency may establish and administer a nonofficial cover employee 
        health insurance program for designated employees (and the 
        family of such designated employees). A designated employee may 
        not participate in the health insurance program established 
        under this paragraph and the program under chapter 89 of title 
        5, United States Code, at the same time.
            ``(2) Conversion to federal employees health benefits 
        program.--
                    ``(A) In general.--A designated employee 
                participating in the health insurance program 
                established under paragraph (1) may convert to coverage 
                under the program under chapter 89 of title 5, United 
                States Code, at any appropriate time determined by the 
                Director of the Central Intelligence Agency (including 
                at the time of separation of service by reason of 
                retirement), if the Director of the Central Intelligence 
                Agency determines that the employee's participation in 
                the health insurance program established under this 
                subsection is no longer necessary to protect from 
                unauthorized disclosure--
                          ``(i) intelligence operations;
                          ``(ii) the identities of undercover 
                      intelligence officers;
                          ``(iii) intelligence sources and methods; or
                          ``(iv) intelligence cover mechanisms.
                    ``(B) Conversion treatment.--Upon a conversion under 
                this paragraph--
                          ``(i) the employee (and family, if applicable) 
                      shall be entitled to immediate enrollment and 
                      coverage under chapter 89 of title 5, United 
                      States Code;
                          ``(ii) any requirement of prior enrollment in 
                      a health benefits plan under chapter 89 of that 
                      title for continuation of coverage purposes shall 
                      not apply;
                          ``(iii) the employee shall be deemed to have 
                      had coverage under chapter 89 of that title from 
                      the first opportunity to enroll for purposes of 
                      continuing coverage as an annuitant; and
                          ``(iv) the Director of the Central 
                      Intelligence Agency shall transmit an amount for 
                      deposit in the Employees' Health Benefits Fund 
                      that is necessary to cover any costs of such 
                      conversion.
                    ``(C) Transmitted amounts.--Any amount described 
                under subparagraph (B)(iv) shall be paid from the fund 
                or appropriation used to pay the designated employee.

    ``(f) Life Insurance Benefits.--

[[Page 118 STAT. 3949]]

            ``(1) In general.--The Director of the Central Intelligence 
        Agency may establish and administer a nonofficial cover employee 
        life insurance program for designated employees (and the family 
        of such designated employees). A designated employee may not 
        participate in the life insurance program established under this 
        paragraph and the program under chapter 87 of title 5, United 
        States Code, at the same time.
            ``(2) Conversion to federal employees group life insurance 
        program.--
                    ``(A) In general.--A designated employee 
                participating in the life insurance program established 
                under paragraph (1) may convert to coverage under the 
                program under chapter 87 of title 5, United States Code, 
                at any appropriate time determined by the Director of 
                the Central Intelligence Agency (including at the time 
                of separation of service by reason of retirement), if 
                the Director of the Central Intelligence Agency 
                determines that the employee's participation in the life 
                insurance program established under this subsection is 
                no longer necessary to protect from unauthorized 
                disclosure--
                          ``(i) intelligence operations;
                          ``(ii) the identities of undercover 
                      intelligence officers;
                          ``(iii) intelligence sources and methods; or
                          ``(iv) intelligence cover mechanisms.
                    ``(B) Conversion treatment.--Upon a conversion under 
                this paragraph--
                          ``(i) the employee (and family, if applicable) 
                      shall be entitled to immediate coverage under 
                      chapter 87 of title 5, United States Code;
                          ``(ii) any requirement of prior enrollment in 
                      a life insurance program under chapter 87 of that 
                      title for continuation of coverage purposes shall 
                      not apply;
                          ``(iii) the employee shall be deemed to have 
                      had coverage under chapter 87 of that title for 
                      the full period of service during which the 
                      employee would have been entitled to be insured 
                      for purposes of continuing coverage as an 
                      annuitant; and
                          ``(iv) the Director of the Central 
                      Intelligence Agency shall transmit an amount for 
                      deposit in the Employees' Life Insurance Fund that 
                      is necessary to cover any costs of such 
                      conversion.
                    ``(C) Transmitted amounts.--Any amount described 
                under subparagraph (B)(iv) shall be paid from the fund 
                or appropriation used to pay the designated employee.

    ``(g) Exemption From Certain Requirements.--The Director of the 
Central Intelligence Agency may exempt a designated employee from 
mandatory compliance with any Federal regulation, rule, standardized 
administrative policy, process, or procedure that the Director of the 
Central Intelligence Agency determines--
            ``(1) would be inconsistent with the nonofficial cover of 
        that employee; and
            ``(2) could expose that employee to detection as a Federal 
        employee.

    ``(h) Taxation and Social Security.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, a designated employee--

[[Page 118 STAT. 3950]]

                    ``(A) shall file a Federal or State tax return as if 
                that employee is not a Federal employee and may claim 
                and receive the benefit of any exclusion, deduction, tax 
                credit, or other tax treatment that would otherwise 
                apply if that employee was not a Federal employee, if 
                the Director of the Central Intelligence Agency 
                determines that taking any action under this paragraph 
                is necessary to--
                          ``(i) protect from unauthorized disclosure--
                                    ``(I) intelligence operations;
                                    ``(II) the identities of undercover 
                                intelligence officers;
                                    ``(III) intelligence sources and 
                                methods; or
                                    ``(IV) intelligence cover 
                                mechanisms; and
                          ``(ii) meet the special requirements of work 
                      related to collection of foreign intelligence or 
                      other authorized activities of the Agency; and
                    ``(B) shall receive social security benefits based 
                on the social security contributions made.
            ``(2) <<NOTE: Procedures.>> Internal revenue service 
        review.--The Director of the Central Intelligence Agency shall 
        establish procedures to carry out this subsection. The 
        procedures shall be subject to periodic review by the Internal 
        Revenue Service.

    ``(i) Regulations.--The Director of the Central Intelligence Agency 
shall prescribe regulations to carry out this section. The regulations 
shall ensure that the combination of salary, allowances, and benefits 
that an employee designated under this section may retain does not 
significantly exceed, except to the extent determined by the Director of 
the Central Intelligence Agency to be necessary to exercise the 
authority in subsection (b), the combination of salary, allowances, and 
benefits otherwise received by Federal employees not designated under 
this section.
    ``(j) Finality of Decisions.--Any determinations authorized by this 
section to be made by the Director of the Central Intelligence Agency or 
the Director's designee shall be final and conclusive and shall not be 
subject to review by any court.
    ``(k) Subsequently Enacted Laws.--No law enacted after the effective 
date of this section shall affect the authorities and provisions of this 
section unless such law specifically refers to this section.''.

           TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SEC. 501. NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES PANEL.

    The National Security Agency Act of 1959 (50 U.S.C. 402 note) is 
amended by adding at the end the following new section:
    ``Sec. 19. <<NOTE: Establishment.>> (a) There is established the 
National Security Agency Emerging Technologies Panel. The Panel is a 
standing panel of the National Security Agency. The Panel shall be 
appointed by, and shall report directly to, the Director of the National 
Security Agency.

    ``(b) The Panel shall study and assess, and periodically advise the 
Director on, the research, development, and application of existing and 
emerging science and technology advances, advances in encryption, and 
other topics.

[[Page 118 STAT. 3951]]

    ``(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply with respect to the Panel.''.

SEC. 502. USE OF FUNDS FOR COUNTERDRUG AND COUNTERTERRORISM ACTIVITIES 
            FOR COLOMBIA.

    (a) Authority.--Funds designated for intelligence or intelligence-
related purposes for assistance to the Government of Colombia for 
counterdrug activities for fiscal year 2005 or 2006, and any unobligated 
funds available to any element of the intelligence community for such 
activities for a prior fiscal year, shall be available--
            (1) to support a unified campaign by the Government of 
        Colombia against narcotics trafficking and against activities by 
        organizations designated as terrorist organizations (such as the 
        Revolutionary Armed Forces of Colombia (FARC), the National 
        Liberation Army (ELN), and the United Self-Defense Forces of 
        Colombia (AUC)); and
            (2) to take actions to protect human health and welfare in 
        emergency circumstances, including the undertaking of rescue 
        operations.

    (b) Applicability of Certain Laws and Limitations.--The use of funds 
pursuant to the authority in subsection (a) shall be subject to the 
following:
            (1) Section 556, 567, and 568 of the Foreign Operations, 
        Export Financing, and Related Programs Appropriations Act, 2002 
        (Public Law 107-115; 115 Stat. 2160, 2165, and 2166).
            (2) Section 8076 of the Department of Defense Appropriations 
        Act, 2005 (Public Law 108-287; 118 Stat. 988).
            (3) The numerical limitations on the number of United States 
        military personnel and United States individual civilian 
        contractors contained in section 1021(c) of the Ronald W. Reagan 
        National Defense Authorization Act for Fiscal Year 2005 (Public 
        Law 108-375; 118 Stat. 2042).

    (c) Limitation on Participation of United States Personnel.--No 
United States Armed Forces personnel or United States civilian 
contractor employed by the United States Armed Forces may participate in 
any combat operation in connection with assistance made available under 
this section, except for the purpose of acting in self defense or during 
the course of search and rescue operations for United States citizens.

                           TITLE VI--EDUCATION

             Subtitle A--National Security Education Program

SEC. 601. ANNUAL FUNDING.

    (a) In General.--Section 810 of the David L. Boren National Security 
Education Act of 1991 (50 U.S.C. 1910) is amended by adding at the end 
the following new subsection:
    ``(c) Funding From Intelligence Community Management Account for 
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts 
that may be made available to the Secretary under the Fund for a fiscal 
year, the Director of National Intelligence shall transfer to the 
Secretary from amounts appropriated

[[Page 118 STAT. 3952]]

for the Intelligence Community Management Account for each fiscal year, 
beginning with fiscal year 2005, $8,000,000 to carry out the 
scholarship, fellowship, and grant programs under subparagraphs (A), 
(B), and (C), respectively, of section 802(a)(1).''.
    (b) Conforming Amendment.--Section 802(a)(2) of that Act (50 U.S.C. 
1902(a)(2)) is amended in the matter preceding subparagraph (A) by 
inserting ``or from a transfer under section 810(c)'' after ``National 
Security Education Trust Fund''.

SEC. 602. IMPROVEMENTS TO NATIONAL FLAGSHIP LANGUAGE INITIATIVE.

    (a) Requirement for Employment Agreements.--(1) Section 802(i) of 
the David L. Boren National Security Education Act of 1991 (50 U.S.C. 
1902(i)) is amended by adding at the end the following new paragraphs:
    ``(5) An undergraduate or graduate student who participates in 
training in a program under paragraph (1) and has not already entered 
into a service agreement under subsection (b) shall enter into a service 
agreement under subsection (b) applicable to an undergraduate or 
graduate student, as the case may be, with respect to participation in 
such training in a program under paragraph (1).
    ``(6)(A) An employee of a department or agency of the Federal 
Government who participates in training in a program under paragraph (1) 
shall agree in writing--
            ``(i) to continue in the service of the department or agency 
        of the Federal Government employing the employee for the period 
        of such training;
            ``(ii) to continue in the service of such department or 
        agency, following completion by the employee of such training, 
        for a period of two years for each year, or part of the year, of 
        such training;
            ``(iii) if, before the completion by the employee of such 
        training, the employment of the employee is terminated by such 
        department or agency due to misconduct by the employee, or by 
        the employee voluntarily, to reimburse the United States for the 
        total cost of such training (excluding the employee's pay and 
        allowances) provided to the employee; and
            ``(iv) if, after the completion by the employee of such 
        training but before the completion by the employee of the period 
        of service required by clause (ii), the employment of the 
        employee by such department or agency is terminated either by 
        such department or agency due to misconduct by the employee, or 
        by the employee voluntarily, to reimburse the United States in 
        an amount that bears the same ratio to the total cost of such 
        training (excluding the employee's pay and allowances) provided 
        to the employee as the unserved portion of such period of 
        service bears to the total period of service required by clause 
        (ii).

    ``(C) Subject to subparagraph (D), the obligation to reimburse the 
United States under an agreement under subparagraph (A) is for all 
purposes a debt owing the United States.
    ``(D) The head of the element of the intelligence community 
concerned may release an employee, in whole or in part, from the 
obligation to reimburse the United States under an agreement under 
subparagraph (A) when, in the discretion of the head of

[[Page 118 STAT. 3953]]

the element, the head of the element determines that equity or the 
interests of the United States so require.''.
    (2) <<NOTE: Applicability. 50 USC 1902 note.>> The amendment made by 
paragraph (1) shall apply to training under section 802(i) of the David 
L. Boren National Security Act of 1991 that begins on or after the date 
that is 90 days after the date of the enactment of this Act.

    (b) Increase in Annual Funding.--Section 811 of that Act (50 U.S.C. 
1911) is amended by striking subsection (b) and inserting the following 
new subsections:
    ``(b) Funding From Intelligence Community Management Account for 
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts 
that may be made available to the Secretary under the Fund for a fiscal 
year, the Director of National Intelligence shall transfer to the 
Secretary from amounts appropriated for the Intelligence Community 
Management Account for each fiscal year, beginning with fiscal year 
2005, $6,000,000 to carry out the grant program for the National 
Flagship Language Initiative under section 802(a)(1)(D).
    ``(c) Availability of Appropriated Funds.--Amounts made available 
under this section shall remain available until expended.''.
    (c) <<NOTE: 50 USC 1902 note.>> Increase in Number of Participating 
Educational Institutions.--The Secretary of Defense shall take such 
actions as the Secretary considers appropriate to increase the number of 
qualified educational institutions that receive grants under the 
National Flagship Language Initiative under section 802(i) of the David 
L. Boren National Security Education Act of 1991 to establish, operate, 
or improve activities designed to train students in programs in a range 
of disciplines to achieve advanced levels of proficiency in those 
foreign languages that the Secretary identifies as being the most 
critical to the national security of the United States.

    (d) <<NOTE: 50 USC 1902 note.>> Clarification of Authority to 
Support Studies Abroad.--Educational institutions that receive grants 
under the National Flagship Language Initiative may support students who 
pursue total immersion foreign language studies overseas of foreign 
languages that are critical to the national security of the United 
States.

SEC. 603. SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE STUDIES FOR HERITAGE 
            COMMUNITY CITIZENS OF THE UNITED STATES WITHIN NATIONAL 
            SECURITY EDUCATION PROGRAM.

    (a) Scholarship Program.--(1) Subsection (a)(1) of section 802 of 
the David L. Boren National Security Education Act of 1991 (50 U.S.C. 
1902) is amended--
            (A) by striking ``and'' at the end of subparagraph (C);
            (B) by striking the period at the end of subparagraph (D) 
        and inserting ``; and''; and
            (C) by adding at the end the following new subparagraph:
                    ``(E) awarding scholarships to students who--
                          ``(i) are United States citizens who--
                                    ``(I) are native speakers (referred 
                                to as `heritage community citizens') of 
                                a foreign language that is identified as 
                                critical to the national security 
                                interests of the United States who 
                                should be actively recruited for 
                                employment by Federal security agencies 
                                with a need for linguists; and

[[Page 118 STAT. 3954]]

                                    ``(II) are not proficient at a 
                                professional level in the English 
                                language with respect to reading, 
                                writing, and other skills required to 
                                carry out the national security 
                                interests of the United States, as 
                                determined by the Secretary,
                      to enable such students to pursue English language 
                      studies at an institution of higher education of 
                      the United States to attain proficiency in those 
                      skills; and
                          ``(ii) enter into an agreement to work in a 
                      position in a similar manner (as determined by the 
                      Secretary) as agreements entered into pursuant to 
                      subsection (b)(2)(A).''.

    (2) The matter following subsection (a)(2) of such section is 
amended--
            (A) in the first sentence, by inserting ``or for the 
        scholarship program under paragraph (1)(E)'' after ``under 
        paragraph (1)(D) for the National Flagship Language Initiative 
        described in subsection (i)''; and
            (B) by adding at the end the following: ``For the 
        authorization of appropriations for the scholarship program 
        under paragraph (1)(E), see section 812.''.

    (3) Section 803(d)(4)(E) of such Act (50 U.S.C. 1903(d)(4)(E)) is 
amended by inserting before the period the following: ``and section 
802(a)(1)(E) (relating to the scholarship program for advanced English 
language studies by heritage community citizens)''.
    (b) Funding.--The David L. Boren National Security Education Act of 
1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the 
following new section:

``SEC. 812. <<NOTE: 50 USC 1912.>> FUNDING FOR SCHOLARSHIP PROGRAM FOR 
            ADVANCED ENGLISH LANGUAGE STUDIES BY HERITAGE COMMUNITY 
            CITIZENS.

    ``(a) Funding From Intelligence Community Management Account.--In 
addition to amounts that may be made available to the Secretary under 
the Fund for a fiscal year, the Director of National Intelligence shall 
transfer to the Secretary from amounts appropriated for the Intelligence 
Community Management Account for each fiscal year, beginning with fiscal 
year 2005, $2,000,000 to carry out the scholarship programs for English 
language studies by certain heritage community citizens under section 
802(a)(1)(E).
    ``(b) Availability of Funds.--Amounts made available under 
subsection (a) shall remain available until expended.''.

   Subtitle B--Improvement in Intelligence Community Foreign Language 
                                 Skills

SEC. 611. FOREIGN LANGUAGE PROFICIENCY FOR CERTAIN SENIOR LEVEL 
            POSITIONS IN THE CENTRAL INTELLIGENCE AGENCY.

    (a) In General.--Section 104A of the National Security Act of 1947, 
amended by section 1011(a) of the National Security Intelligence Reform 
Act of 2004, <<NOTE: 50 USC 403-4a.>> is further amended by adding at 
the end the following new subsection:

    ``(g) Foreign Language Proficiency for Certain Senior Level 
Positions in Central Intelligence Agency.--(1) Except

[[Page 118 STAT. 3955]]

as provided pursuant to paragraph (2), an individual may not be 
appointed to a position in the Senior Intelligence Service in the 
Directorate of Intelligence or the Directorate of Operations of the 
Central Intelligence Agency unless the Director of the Central 
Intelligence Agency determines that the individual--
            ``(A) has been certified as having a professional speaking 
        and reading proficiency in a foreign language, such proficiency 
        being at least level 3 on the Interagency Language Roundtable 
        Language Skills Level or commensurate proficiency level using 
        such other indicator of proficiency as the Director of the 
        Central Intelligence Agency considers appropriate; and
            ``(B) is able to effectively communicate the priorities of 
        the United States and exercise influence in that foreign 
        language.

    ``(2) The Director of the Central Intelligence Agency may, in the 
discretion of the Director, waive the application of paragraph (1) to 
any position or category of positions otherwise covered by that 
paragraph if the Director determines that foreign language proficiency 
is not necessary for the successful performance of the duties and 
responsibilities of such position or category of positions.''.
    (b) <<NOTE: 50 USC 403-4a note.>> Effective Date.--The amendment 
made by subsection (a) shall apply with respect to appointments made on 
or after the date that is one year after the date of the enactment of 
this Act.

    (c) Report on Waivers.--The Director of the Central Intelligence 
Agency shall submit to Congress a report that identifies positions 
within the Senior Intelligence Service in the Directorate of 
Intelligence or the Directorate of Operations of the Central 
Intelligence Agency that are determined by the Director to require 
waiver from the requirements of section 104A(g) of the National Security 
Act of 1947, as added by subsection (a). The report shall include a 
rationale for any waiver granted under section 104A(g)(2), as so added, 
for each position or category of positions so identified.

SEC. 612. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE INTELLIGENCE 
            COMMUNITY.

    (a) In General.--Title X of the National Security Act of 1947 (50 
U.S.C. 441g) is amended--
            (1) by inserting before section 1001 (50 U.S.C. 441g) the 
        following:

                 ``Subtitle A--Science and Technology'';

        and
            (2) by adding at the end the following new subtitles:

                 ``Subtitle B--Foreign Languages Program

    ``Sec. 1011. <<NOTE: 50 USC 441j.>> (a) In General.--The Secretary 
of Defense and the Director of National Intelligence may jointly carry 
out a program to advance skills in foreign languages that are critical 
to the capability of the intelligence community to carry out the 
national security activities of the United States (hereinafter in this 
subtitle referred to as the `Foreign Languages Program').

[[Page 118 STAT. 3956]]

    ``(b) Identification of Requisite Actions.--In order to carry out 
the Foreign Languages Program, the Secretary of Defense and the Director 
of National Intelligence shall jointly identify actions required to 
improve the education of personnel in the intelligence community in 
foreign languages that are critical to the capability of the 
intelligence community to carry out the national security activities of 
the United States and to meet the long-term intelligence needs of the 
                             United States.

    ``Sec. 1012. <<NOTE: 50 USC 441j-1.>> (a) In General.--In carrying 
out the Foreign Languages Program, the head of a covered element of the 
intelligence community may enter into one or more education partnership 
agreements with educational institutions in the United States in order 
to encourage and enhance the study in such educational institutions of 
foreign languages that are critical to the capability of the 
intelligence community to carry out the national security activities of 
the United States.

    ``(b) Assistance Provided Under Educational Partnership 
Agreements.--Under an educational partnership agreement entered into 
with an educational institution pursuant to this section, the head of a 
covered element of the intelligence community may provide the following 
assistance to the educational institution:
            ``(1) The loan of equipment and instructional materials of 
        the element of the intelligence community to the educational 
        institution for any purpose and duration that the head of the 
        element considers appropriate.
            ``(2) Notwithstanding any other provision of law relating to 
        the transfer of surplus property, the transfer to the 
        educational institution of any computer equipment, or other 
        equipment, that is--
                    ``(A) commonly used by educational institutions;
                    ``(B) surplus to the needs of the element of the 
                intelligence community; and
                    ``(C) determined by the head of the element to be 
                appropriate for support of such agreement.
            ``(3) The provision of dedicated personnel to the 
        educational institution--
                    ``(A) to teach courses in foreign languages that are 
                critical to the capability of the intelligence community 
                to carry out the national security activities of the 
                United States; or
                    ``(B) to assist in the development for the 
                educational institution of courses and materials on such 
                languages.
            ``(4) The involvement of faculty and students of the 
        educational institution in research projects of the element of 
        the intelligence community.
            ``(5) Cooperation with the educational institution in 
        developing a program under which students receive academic 
        credit at the educational institution for work on research 
        projects of the element of the intelligence community.
            ``(6) The provision of academic and career advice and 
        assistance to students of the educational institution.
            ``(7) The provision of cash awards and other items that the 
        head of the element of the intelligence community considers 
        appropriate.

[[Page 118 STAT. 3957]]

    ``Sec. 1013. <<NOTE: 50 USC 441j-2.>> (a) Authority To Accept 
Services.--Notwithstanding section 1342 of title 31, United States Code, 
and subject to subsection (b), the Foreign Languages Program under 
section 1011 shall include authority for the head of a covered element 
of the intelligence community to accept from any dedicated personnel 
voluntary services in support of the activities authorized by this 
subtitle.

    ``(b) Requirements and Limitations.--(1) In accepting voluntary 
services from an individual under subsection (a), the head of a covered 
element of the intelligence community shall--
            ``(A) supervise the individual to the same extent as the 
        head of the element would supervise a compensated employee of 
        that element providing similar services; and
            ``(B) ensure that the individual is licensed, privileged, 
        has appropriate educational or experiential credentials, or is 
        otherwise qualified under applicable law or regulations to 
        provide such services.

    ``(2) In accepting voluntary services from an individual under 
subsection (a), the head of a covered element of the intelligence 
community may not--
            ``(A) place the individual in a policymaking position, or 
        other position performing inherently governmental functions; or
            ``(B) compensate the individual for the provision of such 
        services.

    ``(c) Authority To Recruit and Train Individuals Providing 
Services.--The head of a covered element of the intelligence community 
may recruit and train individuals to provide voluntary services under 
subsection (a).
    ``(d) Status of Individuals Providing Services.--(1) Subject to 
paragraph (2), while providing voluntary services under subsection (a) 
or receiving training under subsection (c), an individual shall be 
considered to be an employee of the Federal Government only for purposes 
of the following provisions of law:
            ``(A) Section 552a of title 5, United States Code (relating 
        to maintenance of records on individuals).
            ``(B) Chapter 11 of title 18, United States Code (relating 
        to conflicts of interest).

    ``(2)(A) With respect to voluntary services under paragraph (1) 
provided by an individual that are within the scope of the services 
accepted under that paragraph, the individual shall be deemed to be a 
volunteer of a governmental entity or nonprofit institution for purposes 
of the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
    ``(B) In the case of any claim against such an individual with 
respect to the provision of such services, section 4(d) of such Act (42 
U.S.C. 14503(d)) shall not apply.
    ``(3) Acceptance of voluntary services under this section shall have 
no bearing on the issuance or renewal of a security clearance.
    ``(e) Reimbursement of Incidental Expenses.--(1) The head of a 
covered element of the intelligence community may reimburse an 
individual for incidental expenses incurred by the individual in 
providing voluntary services under subsection (a). The head of a covered 
element of the intelligence community shall determine

[[Page 118 STAT. 3958]]

which expenses are eligible for reimbursement under this subsection.
    ``(2) Reimbursement under paragraph (1) may be made from 
appropriated or nonappropriated funds.
    ``(f) Authority To Install Equipment.--(1) The head of a covered 
element of the intelligence community may install telephone lines and 
any necessary telecommunication equipment in the private residences of 
individuals who provide voluntary services under subsection (a).
    ``(2) The head of a covered element of the intelligence community 
may pay the charges incurred for the use of equipment installed under 
paragraph (1) for authorized purposes.
    ``(3) Notwithstanding section 1348 of title 31, United States Code, 
the head of a covered element of the intelligence community may use 
appropriated funds or nonappropriated funds of the element in carrying 
                          out this subsection.

    ``Sec. 1014. <<NOTE: 50 USC 441j-3.>> (a) In General.--The Secretary 
of Defense and the Director of National Intelligence shall jointly 
prescribe regulations to carry out the Foreign Languages Program.

    ``(b) Elements of the Intelligence Community.--The head of each 
covered element of the intelligence community shall prescribe 
regulations to carry out sections 1012 and 1013 with respect to that 
element including the following:
            ``(1) Procedures to be utilized for the acceptance of 
        voluntary services under section 1013.
            ``(2) Procedures and requirements relating to the 
                installation of equipment under section 1013(f).

    ``Sec. 1015. In this subtitle: <<NOTE: 50 USC 441j-4.>> 
            ``(1) The term `covered element of the intelligence 
        community' means an agency, office, bureau, or element referred 
        to in subparagraphs (B) through (L) of section 3(4).
            ``(2) The term `educational institution' means--
                    ``(A) a local educational agency (as that term is 
                defined in section 9101(26) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 7801(26)));
                    ``(B) an institution of higher education (as defined 
                in section 102 of the Higher Education Act of 1965 (20 
                U.S.C. 1002) other than institutions referred to in 
                subsection (a)(1)(C) of such section); or
                    ``(C) any other nonprofit institution that provides 
                instruction of foreign languages in languages that are 
                critical to the capability of the intelligence community 
                to carry out national security activities of the United 
                States.
            ``(3) The term `dedicated personnel' means employees of the 
        intelligence community and private citizens (including former 
        civilian employees of the Federal Government who have been 
        voluntarily separated, and members of the United States Armed 
        Forces who have been honorably discharged, honorably separated, 
        or generally discharged under honorable circumstances and 
        rehired on a voluntary basis specifically to perform the 
        activities authorized under this subtitle).

[[Page 118 STAT. 3959]]

              ``Subtitle C--Additional Education Provisions

    ``Sec. 1021. <<NOTE: 50 USC 441m.>> (a) In General.--The Director of 
National Intelligence, acting through the heads of the elements of the 
intelligence community, may assign employees of such elements in analyst 
positions requiring foreign language expertise as students at accredited 
professional, technical, or other institutions of higher education for 
training at the graduate or undergraduate level in foreign languages 
required for the conduct of duties and responsibilities of such 
positions.

    ``(b) Authority for Reimbursement of Costs of Tuition and 
Training.--(1) The Director of National Intelligence may reimburse an 
employee assigned under subsection (a) for the total cost of the 
training described in that subsection, including costs of educational 
and supplementary reading materials.
    ``(2) <<NOTE: Applicability.>> The authority under paragraph (1) 
shall apply to employees who are assigned on a full-time or part-time 
basis.

    ``(3) Reimbursement under paragraph (1) may be made from 
appropriated or nonappropriated funds.
    ``(c) Relationship to Compensation as an Analyst.--Reimbursement 
under this section to an employee who is an analyst is in addition to 
any benefits, allowances, travel expenses, or other compensation the 
employee is entitled to by reason of serving in such an analyst 
position.''.
    (b) Clerical Amendment.--The table of contents for the National 
Security Act of 1947 is amended by striking the item relating to section 
1001 and inserting the following new items:

                  ``Subtitle A--Science and Technology

``Sec. 1001. Scholarships and work-study for pursuit of graduate degrees 
           in science and technology.

                 ``Subtitle B--Foreign Languages Program

``Sec. 1011. Program on advancement of foreign languages critical to the 
           intelligence community.
``Sec. 1012. Education partnerships.
``Sec. 1013. Voluntary services.
``Sec. 1014. Regulations.
``Sec. 1015. Definitions.

              ``Subtitle C--Additional Education Provisions

``Sec. 1021. Assignment of intelligence community personnel as language 
           students.''.

SEC. 613. <<NOTE: 50 USC 403-1b note.>> PILOT PROJECT ON CIVILIAN 
            LINGUIST RESERVE CORPS.

    (a) Pilot Project.--The Director of National Intelligence shall 
conduct a pilot project to assess the feasibility and advisability of 
establishing a Civilian Linguist Reserve Corps comprised of United 
States citizens with advanced levels of proficiency in foreign languages 
who would be available upon the call of the Director to perform such 
service or duties with respect to such foreign languages in the 
intelligence community as the Director may specify.
    (b) Conduct of Project.--Taking into account the findings and 
recommendations contained in the report required under section 325 of 
the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-
306; 116 Stat. 2393), in conducting the pilot project under subsection 
(a) the Director of National Intelligence shall--

[[Page 118 STAT. 3960]]

            (1) identify several foreign languages that are critical for 
        the national security of the United States;
            (2) identify United States citizens with advanced levels of 
        proficiency in the foreign languages identified under paragraph 
        (1) who would be available to perform the services and duties 
        referred to in subsection (a); and
            (3) when considered necessary by the Director, implement a 
        call for the performance of such services and duties.

    (c) Duration of Project.--The pilot project under subsection (a) 
shall be conducted for a three-year period.
    (d) Authority To Enter Into Contracts.--The Director of National 
Intelligence may enter into contracts with appropriate agencies or 
entities to carry out the pilot project under subsection (a).
    (e) Reports.--(1) The Director of National Intelligence shall submit 
to Congress an initial and a final report on the pilot project conducted 
under subsection (a).
    (2) Each report required under paragraph (1) shall contain 
information on the operation of the pilot project, the success of the 
pilot project in carrying out the objectives of the establishment of a 
Civilian Linguist Reserve Corps, and recommendations for the 
continuation or expansion of the pilot project.
    (3) The final report shall be submitted not later than six months 
after the completion of the pilot project.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Director of National Intelligence for each of fiscal 
years 2005, 2006, and 2007 in order to carry out the pilot project under 
subsection (a) such sums as are specified in the classified Schedule of 
Authorizations referred to in section 102.

SEC. 614. REPORT ON STATUS, CONSOLIDATION, AND IMPROVEMENT OF 
            INTELLIGENCE EDUCATION PROGRAMS.

    (a) Report.--Not later than June 1, 2005, the Director of National 
Intelligence shall submit to Congress a report setting forth--
            (1) the status of each intelligence education program, 
        including the statutory, regulatory, or administrative authority 
        under which such program is carried out; and
            (2) such recommendations as the Director considers 
        appropriate for legislative or administrative action to 
        consolidate, enhance the coordination of, or otherwise improve 
        such intelligence education programs.

    (b) Intelligence Education Program Defined.--In this section, the 
term ``intelligence education program'' means any grant, scholarship, 
education, or similar program (whether authorized by statute, 
regulation, or administrative order) that--
            (1) is supported, funded, or carried out by a department, 
        agency, or element of the intelligence community; or
            (2) is otherwise intended to aid in the recruitment, 
        retention, or training of intelligence community personnel.

SEC. 615. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED INSTRUCTORS 
            OF THE DEFENSE LANGUAGE INSTITUTE.

    (a) Study.--The Secretary of Defense shall conduct a study on 
mechanisms to improve the recruitment and retention of qualified foreign 
language instructors at the Foreign Language Center of the Defense 
Language Institute. In conducting the study, the Secretary shall 
consider, in the case of a foreign language instructor

[[Page 118 STAT. 3961]]

who is an alien, the appropriateness of expeditious adjustment of the 
status of the alien under applicable immigration law from a temporary 
status to that of an alien lawfully admitted for permanent residence.
    (b) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the appropriate 
congressional committees a report on the study conducted under 
subsection (a). The report shall include such recommendations for such 
legislative or administrative action as the Secretary considers 
appropriate.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Select Committee on Intelligence and the Committee 
        on Armed Services of the Senate; and
            (2) the Permanent Select Committee on Intelligence and the 
        Committee on Armed Services of the House of Representatives.

                      TITLE VII--TERRORISM MATTERS

SEC. 701. INFORMATION ON TERRORIST GROUPS THAT SEEK WEAPONS OF MASS 
            DESTRUCTION AND GROUPS THAT HAVE BEEN DESIGNATED AS FOREIGN 
            TERRORIST ORGANIZATIONS.

    (a) Inclusion in Reports.--Section 140 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is 
amended--
            (1) in subsection (a)(2)--
                    (A) by inserting ``any terrorist group known to have 
                obtained or developed, or to have attempted to obtain or 
                develop, weapons of mass destruction,'' after ``during 
                the preceding five years,''; and
                    (B) by inserting ``any group designated by the 
                Secretary as a foreign terrorist organization under 
                section 219 of the Immigration and Nationality Act (8 
                U.S.C. 1189),'' after ``Export Administration Act of 
                1979,'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(C)--
                          (i) in clause (iii), by striking ``and'' at 
                      the end;
                          (ii) by redesignating clause (iv) as clause 
                      (v); and
                          (iii) by inserting after clause (iii) the 
                      following new clause (iv):
                          ``(iv) providing weapons of mass destruction, 
                      or assistance in obtaining or developing such 
                      weapons, to terrorists or terrorist groups;'';
                    (B) in paragraph (2)--
                          (i) by redesignating subparagraphs (C), (D), 
                      and (E) as subparagraphs (D), (E), and (F), 
                      respectively;
                          (ii) by inserting after subparagraph (B) the 
                      following new subparagraph (C):
                    ``(C) efforts by those groups to obtain or develop 
                weapons of mass destruction;''; and
                          (iii) in subparagraph (F), as so redesignated, 
                      by striking the period and inserting a semicolon; 
                      and
                    (C) by adding at the end the following new 
                paragraphs:

[[Page 118 STAT. 3962]]

            ``(3) to the extent practicable, complete statistical 
        information on the number of individuals, including United 
        States citizens and dual nationals, killed, injured, or 
        kidnapped by each terrorist group during the preceding calendar 
        year; and
            ``(4) an analysis, as appropriate, of trends in 
        international terrorism, including changes in technology used, 
        methods and targets of attack, demographic information on 
        terrorists, and other appropriate information.''.

    (b) <<NOTE: 22 USC 2656f note.>> Effective Date.--The amendments 
made by subsection (a) shall apply beginning with the first report under 
section 140 of the Foreign Relations Authorization Act, Fiscal Years 
1988 and 1989 that is submitted more than one year after the date of the 
enactment of this Act.

                        TITLE VIII--OTHER MATTERS

SEC. 801. EFFECTIVE DATE. <<NOTE: 22 USC 2656f note.>> 

    Except as otherwise expressly provided in this Act, this Act (and 
the amendments made by this Act) shall take effect on the date of the 
enactment of this Act.

SEC. 802. <<NOTE: 50 USC 401 note.>> CONSTRUCTION OF REFERENCES TO 
            DIRECTOR OF CENTRAL INTELLIGENCE.

    Except as otherwise specifically provided or otherwise provided by 
context, any reference in this Act, or in the classified annex to 
accompany this Act, to the Director of Central Intelligence shall be 
deemed to be a reference to the Director of Central Intelligence as head 
of the intelligence community.

SEC. 803. <<NOTE: 50 USC 401 note.>> SAVINGS PROVISIONS RELATING TO 
            DISCHARGE OF CERTAIN FUNCTIONS AND AUTHORITIES.

    (a) <<NOTE: Effective date. Termination date.>> Head of Intelligence 
Community.--(1) During the period beginning on the date of the enactment 
of this Act and ending on the date of the appointment of the Director of 
National Intelligence under section 102 of the National Security Act of 
1947, as amended by section 1011(a) of the National Security 
Intelligence Reform Act of 2004, the Director of Central Intelligence 
may, acting as the head of the intelligence community, discharge the 
functions and authorities provided in this Act, and the amendments made 
by this Act, to the Director of National Intelligence.

    (2) During the period referred to in paragraph (1) any reference in 
this Act or the amendments made by this Act to the Director of National 
Intelligence shall be considered to be a reference to the Director of 
Central Intelligence, as the head of the intelligence community.
    (3) Upon the appointment of an individual as Director of National 
Intelligence under section 102 of the National Security Act of 1947, as 
so amended, any reference in this Act, or in the classified annex to 
accompany this Act, to the Director of Central Intelligence as head of 
the intelligence community shall be deemed to be a reference to the 
Director of National Intelligence.
    (b) <<NOTE: Effective date. Termination date.>> Head of Central 
Intelligence Agency.--(1) During the period beginning on the date of the 
enactment of this Act and ending on the date of the appointment of the 
Director of the Central Intelligence Agency under section 104A of the 
National Security Act of 1947, as amended by section 1011(a) of the 
National Security Intelligence Reform Act of 2004, the Director of 
Central Intelligence

[[Page 118 STAT. 3963]]

may, acting as the head of the Central Intelligence Agency, discharge 
the functions and authorities provided in this Act, and the amendments 
made by this Act, to the Director of the Central Intelligence Agency.

    (2) Upon the appointment of an individual as Director of the Central 
Intelligence Agency under section 104A of the National Security Act of 
1947, as so amended, any reference in this Act, or in the classified 
annex to accompany this Act, to the Director of Central Intelligence as 
head of the Central Intelligence Agency shall be deemed to be a 
reference to the Director of the Central Intelligence Agency.

    Approved December 23, 2004.

LEGISLATIVE HISTORY--H.R. 4548 (S. 2386):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 108-558 (Permanent Select Comm. on Intelligence and 
108-798 (Comm. of Conference).
SENATE REPORTS: Nos. 108-258 (Select Comm. on Intelligence) and 108-300 
(Comm. on Armed Services), both accompanying S. 2386.
CONGRESSIONAL RECORD, Vol. 150 (2004):
            June 23, considered and passed House.
            Oct. 11, considered and passed Senate, amended, in lieu of 
                S. 2386.
            Dec. 7, House agreed to conference report.
            Dec. 8, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
            Dec. 23, Presidential statement.

                                  <all>