[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4548 Referred in Senate (RFS)]
2d Session
H. R. 4548
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2004
Received; read twice and referred to the Select Committee on
Intelligence
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2005 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act 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.
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. Assistant Director of Central Intelligence for Information
Management.
Sec. 304. Reports on Pakistani efforts to curb proliferation of weapons
of mass destruction and to fight terrorism.
Sec. 305. Sense of Congress on the dismantling and removal of Libya's
weapons of mass destruction.
Sec. 306. Sense of Congress that the apprehension, detention, and
interrogation of terrorists are fundamental
to the successful prosecution of the global
war on terror.
Sec. 307. Sense of Congress on support for the efforts of the
intelligence community.
Sec. 308. Sense of Congress.
Sec. 309. Inspector general report on evidence of relationship between
Saddam Hussein and al-Qaeda.
Sec. 310. Report on use of open source intelligence.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Permanent extension of Central Intelligence Agency voluntary
separation incentive program.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. National Security Agency Emerging Technologies Panel.
TITLE VI--EDUCATION
Subtitle A--National Security Education Program
Sec. 601. Provision for annual funding.
Sec. 602. Modification of obligated service requirements under the
National Security Education Program.
Sec. 603. Improvements to the National Flagship Language Initiative.
Sec. 604. Establishment of scholarship program for English language
studies for heritage community citizens of
the United States within the National
Security Education Program.
Subtitle B--Improvement in Intelligence Community Foreign Language
Skills
Sec. 611. Assistant Director of Central Intelligence for Language and
Education.
Sec. 612. Requirement for foreign language proficiency for advancement
to certain senior level positions in the
intelligence community.
Sec. 613. Advancement of foreign languages critical to the intelligence
community.
Sec. 614. Pilot project for Civilian Linguist Reserve Corps.
Sec. 615. Codification of establishment of the National Virtual
Translation Center.
Sec. 616. Report on recruitment and retention of qualified instructors
of the Defense Language Institute.
TITLE VII--REFORM OF DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS
Sec. 701. Designation of foreign terrorist organizations.
Sec. 702. Inclusion in annual Department of State country reports on
terrorism of information on terrorist
groups that seek weapons of mass
destruction and groups that have been
designated as foreign terrorist
organizations.
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 bill H.R. 4548 of the One
Hundred Eighth Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director
of the Office of Management and Budget, the Director of Central
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2005 under section 102 when
the Director of Central Intelligence determines that such action is
necessary to the performance of important intelligence functions.
(b) Notice to Intelligence Committees.--The Director of Central
Intelligence shall notify promptly the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate 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 Central Intelligence for fiscal year 2005 the sum of
$318,395,000. 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 Central
Intelligence are authorized 310 full-time personnel as of September 30,
2005. Personnel serving in such elements may be permanent employees of
the Intelligence Community Management Account or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are also
authorized to be appropriated for the Intelligence Community
Management Account for fiscal year 2005 such additional amounts
as are specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
research and development shall remain available until September
30, 2006.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2005, there are also authorized such additional personnel for
such elements as of that date as are specified in the
classified Schedule of Authorizations.
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2005
any officer or employee of the United States or a member of the Armed
Forces who is detailed to the staff of the Intelligence Community
Management Account from another element of the United States Government
shall be detailed on a reimbursable basis, except that any such
officer, employee, or member may be detailed on a nonreimbursable basis
for a period of less than one year for the performance of temporary
functions as required by the Director of Central Intelligence.
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be
appropriated in subsection (a), $37,811,000 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 Central
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.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2005 the sum of
$239,400,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE FOR INFORMATION
MANAGEMENT.
(a) Establishment of Position Within the Office of the Director of
Central Intelligence.--Subsection (e)(2) of section 102 of the National
Security Act of 1947 (50 U.S.C. 403) is amended--
(1) by striking subparagraph (G); and
(2) by inserting after subparagraph (F) the following new
subparagraph (G):
``(G) The Assistant Director of Central Intelligence for
Information Management.''.
(b) Duties.--Section 102 of such Act (50 U.S.C. 403) is amended--
(1) by striking subsection (h); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Assistant Director of Central Intelligence for Information
Management.--(1) To assist the Director of Central Intelligence in
carrying out the Director's responsibilities under this Act, there
shall be an Assistant Director of Central Intelligence for Information
Management who shall be appointed by the President, by and with the
advice and consent of the Senate. The Assistant Director of Central
Intelligence for Information Management is the chief information
officer of the intelligence community.
``(2) Subject to the direction of the Director of Central
Intelligence, the Assistant Director of Central Intelligence for
Information Management shall--
``(A) manage activities relating to the information
technology infrastructure and enterprise architecture
requirements of the intelligence community;
``(B) have procurement approval authority over all
information technology items related to the enterprise
architectures of all intelligence community components;
``(C) direct and manage all information technology-related
procurement for the intelligence community; and
``(D) 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 of Central
Intelligence for such architecture.
``(3) An individual serving in the position of Assistant Director
of Central Intelligence for Information Management may not, while so
serving, serve as the chief information officer of any other agency or
department, or component thereof, of the United States.''.
(c) References.--Any reference to the Assistant Director of Central
Intelligence for Administration in any law, regulation, document,
paper, or other record of the United States shall be deemed to be a
reference to the Assistant Director of Central Intelligence for
Information Management.
SEC. 304. REPORTS ON PAKISTANI EFFORTS TO CURB PROLIFERATION OF WEAPONS
OF MASS DESTRUCTION AND TO FIGHT TERRORISM.
(a) In General.--The Director of Central Intelligence shall submit
to the appropriate committees of Congress classified reports on the
following matters:
(1) The efforts by the Government of Pakistan, or
individuals or entities in Pakistan, to acquire or transfer
weapons of mass destruction and related technologies, or
missile equipment and technology, to any other nation, entity,
or individual.
(2) The steps taken by the Government of Pakistan to combat
proliferation of weapons of mass destruction and related
technologies.
(3) The steps taken by the Government of Pakistan to
safeguard nuclear weapons and related technologies in the
possession of the Government of Pakistan.
(4) The size of the stockpile of fissile material of the
Government of Pakistan and whether any additional fissile
material has been produced.
(5) The efforts by the Government of Pakistan to fight Al
Qaeda and the Taliban as well as to dismantle terrorist
networks operating inside of Pakistan.
(6) The efforts by the Government of Pakistan to establish
and strengthen democratic institutions in Pakistan.
(b) Deadline for Submittal of Reports.--(1) The Director of Central
Intelligence shall submit the first report required under subsection
(a) not later than 90 days after the date of the enactment of this Act.
(2) The Director shall submit subsequent reports required under
subsection (a) on April 1 of 2005, 2006, 2007, 2008, and 2009.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the following:
(A) The Committee on Appropriations, the Committee
on Armed Services, the Select Committee on
Intelligence, and the Committee on Foreign Relations of
the Senate.
(B) The Committee on Appropriations, the Committee
on Armed Services, the Permanent Select Committee on
Intelligence, and the Committee on International
Relations of the House of Representatives.
(2) Weapons of mass destruction.--The term ``weapons of
mass destruction'' has the meaning given such term in section
1403(1) of the Defense Against Weapons of Mass Destruction Act
of 1996. (Public Law 104-201).
(3) Missile equipment and technology.--The term ``missile
equipment and technology'' has the meaning given such term in
section 74(a)(5) of the Arms Export Control Act (22 U.S.C.
2797c(a)(5)).
SEC. 305. SENSE OF CONGRESS ON THE DISMANTLING AND REMOVAL OF LIBYA'S
WEAPONS OF MASS DESTRUCTION.
(a) Findings.--The Congress finds the following:
(1) Libya has been listed as a state sponsor of terrorism
by the Department of State each year since 1979.
(2) A German court found the Libyan Government guilty of
the East Berlin La Belle disco bombing of 1986, in which two US
servicemen were killed.
(3) A Scottish court in January 2001 found a former Libyan
official guilty of the 1988 bombing of Pan Am Flight 103.
(4) Libya received and deserved world's condemnations for
these horrific acts against innocents.
(5) As a result of Libya's support for international
terrorism and its destabilizing role in the international
community, the United States maintained a comprehensive
economic embargo on Libya for more than two decades, which was
aided by multilateral sanctions imposed by United Nations
Security Council Resolutions 731 and 742 in 1992, and which
together hobbled the development of the Libyan economy.
(6) In March 2003, while Coalition Forces were preparing to
liberate Iraq, Libya once again quietly approached members of
the intelligence services of the United States and United
Kingdom and indicted a willingness to discuss Libya's weapons
of mass destruction programs, as it had previously in the
1990's.
(7) On December 19, 2003, after nine months of intense
negotiations, Libya publicly announced that it was prepared to
eliminate all elements of its clandestine nuclear and chemical
weapons programs.
(8) The United States, the United Kingdom, partners in the
Proliferation Security Initiative and key arms control
agencies, including the International Atomic Energy Agency
(IAEA) and the Organization for the Prohibition of Chemical
Weapons (OPCW), have worked in a multilateral and concerted
fashion with Libya in an effort to completely dismantle Libya's
weapons of mass destruction programs and the means to deliver
them.
(9) Because of the hard work by the men and women of the
intelligence community, United States policymakers were able to
work successfully to convince Libya to relinquish its WMD
programs.
(10) On January 27, 2004, a cargo plane flew from Libya to
Knoxville, Tennessee, carrying 55,000 pounds of equipment and
documents relating to Libya's nuclear weapons and missile
programs.
(11) Documents relating to those programs indicate that
Libya had purchased a virtual ``turnkey facility'' to produce
parts for gas centrifuges together with assistance to assemble
and test these centrifuges, and was otherwise attempting to
develop a large uranium enrichment plant which could have
produced enough fuel for several nuclear bombs a year.
(12) On January 24, 2004, Libya announced that it would
accede to the Chemical Weapons Convention (CWC).
(13) On March 4, 2004, Libya submitted its Chemical Weapons
Convention declaration, including a full declaration of its
chemical weapons, an inventory of its production capacity, a
description of any industrial activity that could be involved
in making illegal weapons, and a plan for destroying any banned
materials.
(14) All of Libya's known chemical munitions have since
been destroyed and the country's stocks of mustard gas have
been consolidated within a single secure facility under the
supervision of the OPCW.
(15) On May 6, 2004, a cargo ship departed Libya for the
United States carrying an additional 1,000 tons of weapons of
mass destruction equipment, including centrifuge parts and
components needed to enrich uranium, the Libyan uranium
conversion facility and all associated equipment, five SCUD-C
missiles and launchers, and two partial missiles.
(16) In testimony before the Committee on International
Relations of the House of Representatives on May 10, 2004,
Assistant Secretary of State for Verification and Compliance,
Paula DeSutter, indicated that Libya had signed the additional
protocol for the IAEA in Vienna and announced ``the complete
dismantlement of Libya's longest range and most sophisticated
missiles and the elimination of all of Libya's declared
chemical munitions''.
(17) International inspectors and monitors are expected to
remain on the ground with full cooperation from Libya to ensure
that Libya possesses no biological weapons programs and that
its weapons of mass destruction programs have been fully
dismantled and or converted to civilian use.
(18) The United States and Libya currently are engaged in
talks to enter a third phase of negotiations focused on follow-
up, verification, and long-term monitoring to ensure that
Libya's weapons of mass destruction programs and the means to
deliver them have been completely dismantled, as well as plans
for the retraining of Libyan scientists and technicians for
peaceful work.
(19) Libya's cooperation with international inspectors and
revelations about procurement networks have helped identify
numerous black market suppliers in an ``international
supermarket'' for nuclear parts and weapons designs that also
has aided such countries as Iran, Syria, and North Korea.
(20) Other countries voluntarily have dismantled their
weapons of mass destruction programs, but Libya is the first
and only country on the Department of State's list of State
Sponsors of Terrorism to do so.
(21) Libya's decision to shed it pariah status and divest
itself of its weapons of mass destruction programs can be
directly attributed to decades of United States and
multilateral economic sanctions against Libya, the demonstrated
resolve of the United States in the global war against
terrorism, the liberation of Iraq by United States Armed Forces
and Coalition Forces, and the adoption of policies in targeting
and seizing shipments of such weapons.
(22) It is appropriate to pursue a policy of cautious and
deliberate re-engagement with Libya based upon verifiable
results, but the United States should not restore full
diplomatic relations with Libya unless and until Libya has--
(A) agreed and submitted to comprehensive
monitoring of the full dismantling of its weapons of
mass destruction programs;
(B) severed all links to and support for acts of
international terrorism;
(C) ceased all support for insurgency groups which
have destabilized countries in Africa;
(D) demonstrated respect for human rights and the
rule of law;
(E) implemented its pledge to cooperate in the
further investigation of the destruction of Pan Am
Flight 103; and
(F) settled all legal claims relating to past acts
of international terrorism, including but not limited
to the bombings of Pan Am Flight 103 and the La Belle
Discotheque.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the world has been made safer with the dismantling and
removal of Libya's weapons of mass destruction and the means to
deliver them;
(2) this would not have been possible if not for decades of
United States and multilateral sanctions against Libya, the
demonstrated resolve of the United States in the global war on
terror, and in the liberation of Iraq by United States and
Coalition Forces;
(3) the President and previous Administrations should be
commended for having the courage to undertake those policies
which persuaded Libya to agree to relinquish such weapons; and
(4) other countries such as Iran, Syria, and North Korea,
should follow Libya's example, and voluntarily dismantle their
weapons of mass destruction and submit their programs to
international inspections.
SEC. 306. SENSE OF CONGRESS THAT THE APPREHENSION, DETENTION, AND
INTERROGATION OF TERRORISTS ARE FUNDAMENTAL TO THE
SUCCESSFUL PROSECUTION OF THE GLOBAL WAR ON TERROR.
(a) Findings.--The Congress finds the following:
(1) Throughout the 1980s and 1990s, the people of the
United States were too often brutalized again and again by
deadly terrorist violence, as evidenced by the hundreds of
American deaths in the Beirut and Lockerbie bombings, the
attack on the World Trade Center in 1993, the destruction of
the Khobar Towers military barracks, the bombing of the
American embassies in Kenya and Tanzania, and the vicious
attacks on the USS Cole in 2000.
(2) The terrorist violence targeted against the United
States became more emboldened after each attack, culminating in
the deadly attacks on the World Trade Center and the Pentagon
on September 11, 2001, which killed thousands of innocent
Americans, including innocent women and children.
(3) Since September 11, 2001, the citizens of the United
States have remained the priority target of terrorist violence,
with journalists and employees of non-governmental
organizations being held hostage, tortured, and decapitated in
the name of terror.
(4) Congress has authorized the President to use all
necessary and appropriate means to defeat terrorism ; and on
numerous occasions since September 11, 2001, and throughout the
Global War on Terror, the interrogation of detainees has
yielded valuable intelligence that has saved the lives of
American military personnel and American citizens at home and
abroad.
(5) The interrogation of detainees has also provided highly
valuable insights into the structure of terrorist
organizations, their target selection process, and the
identities of key operational and logistical personnel that
were previously unknown to the Intelligence Community.
(6) The lawful interrogation of detainees is consistent
with the United States Constitution.
(7) The abuses against detainees documented at Abu Ghraib
prison in Iraq were deplorable aberrations that were not part
of United States policy and were not in keeping with the finest
traditions of the United States military and the honorable men
and women who serve.
(8) The loss of interrogation-derived information would
have a disastrous effect on the Nation's intelligence
collection and counterterrorism efforts and would constitute a
damaging reversal in the Global War on Terror during this
critical time.
(9) The apprehension, detention, and interrogation of
terrorists are essential elements to successfully waging the
Global War on Terror.
(10) The interrogation of detainees can and should continue
by the United States within the bounds of the United States
Constitution and the laws of the United States of America.
(b) Sense of Congress.--It is the sense of Congress that the
apprehension, detention, and interrogation of terrorists are
fundamental to the successful prosecution of the Global War on Terror.
SEC. 307. SENSE OF CONGRESS ON SUPPORT FOR THE EFFORTS OF THE
INTELLIGENCE COMMUNITY.
(a) Findings.--The Congress finds the following:
(1) The men and women of the intelligence community are the
backbone of the Nation's efforts to gather and collect the
intelligence which is vital to the national security of the
United States.
(2) The men and women of the intelligence community are
great patriots who perform their jobs without fan fair and all
too often without receiving the proper credit.
(3) The men and women of the intelligence community are
combating vastly different threats to the Nation's security
compared to their Cold War colleagues.
(4) Threats to the United States have evolved through the
use of technology and non-state actions, demanding alternatives
to traditional diplomatic actions.
(5) The 1995 ``Deutch Guidelines'' regarding the
recruitment of foreign assets impeded human intelligence
collection efforts and contributed to the creation of a risk
averse environment. Despite repeated efforts by the
intelligence oversight committees of Congress to convince the
Director of Central Intelligence to drop the guidelines, these
guidelines stood until formally repealed in 2001 by an Act of
Congress.
(6) The President's budget request for the intelligence
community fell by 11 percent from 1993 to 1995.
(7) Congress cut the President's budget request for the
intelligence community each year from 1992 through 1994.
(8) The cutbacks in resources and political support during
the middle of the previous decade has caused nearly
irreversible damage.
(9) Widespread risk aversion in clandestine HUMINT
collection and intelligence analysis resulted from lack of
resources and, more importantly, of political support for the
mission during the middle of the previous decade.
(10) Unnecessarily cumbersome legal impediments to the
clandestine HUMINT collection mission were raised during the
middle of the previous decade, leaving our intelligence
officers unable to penetrate legitimate target organizations,
such as terrorist groups.
(11) Congress and the current President have worked
cooperatively to restore funding, personnel levels, and
political support for intelligence.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the intelligence community should be revitalized by
investing in the missions, people, and capabilities of the
community; and
(2) the efforts of the men and women of the intelligence
community should be recognized and commended.
SEC. 308. SENSE OF CONGRESS.
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 upon a request from a committee of
Congress with jurisdiction over matters relating to the Office of the
Iraq Oil-for-Food Program of the United Nations, any information and
documents in the possession or control of such element in connection
with any investigation of that Office by such a committee.
SEC. 309. INSPECTOR GENERAL REPORT ON EVIDENCE OF RELATIONSHIP BETWEEN
SADDAM HUSSEIN AND AL-QAEDA.
(a) Audit.--The Inspector General of the Central Intelligence
Agency shall conduct an audit of the evidence of any relationship,
existing before September 11, 2001, between the regime of Saddam
Hussein and al-Qaeda, referenced in all intelligence reporting of the
Central Intelligence Agency, including products, briefings and
memoranda, distributed to the White House and Congress.
(b) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Inspector General shall submit to
Congress a report on the audit conducted under subsection (a).
SEC. 310. REPORT ON USE OF OPEN SOURCE INTELLIGENCE.
Not later than 6 months after the date of the enactment of this
Act, the Director of Central Intelligence shall submit to Congress an
unclassified report on progress made by the intelligence community with
respect to the use of Open Source Intelligence (OSINT).
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. PERMANENT EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY
SEPARATION INCENTIVE PROGRAM.
(a) Extension of Program.--Section 2 of the Central Intelligence
Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(b) Termination of Funds Remittance Requirement.--(1) Section 2 of
such Act (50 U.S.C. 403-4 note) 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)''.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES PANEL.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is
amended by adding at the end the following new section:
``Sec. 19. (a) There is established the National Security Agency
Emerging Technologies Panel. The panel is a standing panel of the
National Security Agency. The panel shall be appointed by, and shall
report directly to, the Director.
``(b) The National Security Agency Emerging Technologies 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 on encryption, and other topics.
``(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply with respect to the National Security Agency Emerging
Technologies Panel.''.
TITLE VI--EDUCATION
Subtitle A--National Security Education Program
SEC. 601. PROVISION FOR ANNUAL FUNDING.
(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 a transfer under section 810(c)'' after ``National
Security Education Trust Fund''.
SEC. 602. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER THE
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. 603. 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 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 employee for
the period of such training;
``(ii) to continue in the service of such agency or
department employing the employee 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 employee's pay and allowances)
provided to the employee if, before the completion by the
employee of the training, the employment of the employee by the
agency or department is terminated due to misconduct by the
employee or by the employee voluntarily; and
``(iv) to reimburse the United States if, after completing
such training, the employment of the employee by the agency or
department is terminated either by the agency or department due
to misconduct by the employee or by the employee voluntarily,
before the completion by the employee 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 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 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) The head of an element of the intelligence community may
release an employee, in whole or in part, from the obligation to
reimburse the United States under an agreement under subparagraph (A)
when, in the discretion of the head of the element, the head of the
element determines that equity or the interests of the United States so
require.''.
(2) The amendment made by paragraph (1) shall apply to training
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. 604. 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.''.
Subtitle B--Improvement in Intelligence Community Foreign Language
Skills
SEC. 611. ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE FOR LANGUAGE AND
EDUCATION.
(a) In General.--Section 102 of the National Security Act of 1947
(50 U.S.C. 403) is amended--
(1) by adding at the end the following new subsection:
``(i) Assistant Director of Central Intelligence for Language and
Education.--(1) To assist the Director of Central Intelligence in
carrying out the Director's responsibilities under this Act, there
shall be an Assistant Director of Central Intelligence for Language and
Education who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) The Assistant Director of Central Intelligence for Language
and Education shall carry out the following duties:
``(A) Overseeing and coordinating requirements for foreign
language education and training of the intelligence community.
``(B) Establishing policy, standards, and priorities
relating to such requirements.
``(C) Identifying languages that are critical to the
capability of the intelligence community to carry out national
security activities of the United States.
``(D) Monitoring the allocation of resources for foreign
language education and training in order to ensure the
requirements of the intelligence community with respect to
foreign language proficiency are met.'';
(2) in subsection (d)(2) by adding at the end the
following:
``(E) Through the Assistant Director of Central
Intelligence for Language and Education, ensuring the foreign
language education and training requirements of the
intelligence community are met.''; and
(3) in subsection (e)(2)--
(A) by redesignating subparagraph (H) as
subparagraph (I); and
(B) by inserting after subparagraph (G) the
following new subparagraph (H):
``(H) The Assistant Director of Central Intelligence for
Education and Language.''.
(b) Reports.--Not later than 1 year after the date on which the
Assistant Director of Central Intelligence for Language and Education
is first appointed under section 102(i) of the National Security Act of
1947, as added by subsection (a), the Assistant Director shall submit
to Congress the following reports:
(1) A report that identifies--
(A) skills and processes involved in learning a
foreign language; and
(B) characteristics and teaching techniques that
are most effective in teaching foreign languages.
(2)(A) A report that identifies foreign language heritage
communities, particularly such communities that include
speakers of languages that are critical to the national
security of the United States.
(B) For purposes of subparagraph (A), the term ``foreign
language heritage community'' means a community of residents or
citizens of the United States--
(i) who are native speakers of, or who have fluency
in, a foreign language; and
(ii) who should be actively recruited for
employment by Federal security agencies with a need for
linguists.
(3) A report on--
(A) the estimated cost of establishing a program
under which the heads of elements of the intelligence
community agree to repay employees of the intelligence
community for any student loan taken out by that
employee for the study of foreign languages critical
for the national security of the United States; and
(B) the effectiveness of such a program in
recruiting and retaining highly qualified personnel in
the intelligence community.
SEC. 612. REQUIREMENT FOR FOREIGN LANGUAGE PROFICIENCY FOR ADVANCEMENT
TO CERTAIN SENIOR LEVEL POSITIONS IN THE INTELLIGENCE
COMMUNITY.
(a) In General.--Section 104 of the National Security Act of 1947
(50 U.S.C. 403-4) is amended by adding at the end the following new
subsection:
``(i) Requirement for Foreign Language Proficiency for Certain
Senior Level Positions in the Central Intelligence Agency.--(1) An
individual may not be appointed to a position in the Senior
Intelligence Service in the Directorate of Intelligence or the
Directorate of Operations of the Central Intelligence Agency unless the
Director of Central Intelligence determines that the individual--
``(A) has been certified as having a professional speaking
and reading proficiency in a foreign language, such proficiency
being at least level 3 on the Interagency Language Roundtable
Language Skills Level or commensurate proficiency level on such
other indicator of proficiency as the Director determines to be
appropriate; and
``(B) is able to effectively communicate the priorities of
the United States and exercise influence in that foreign
language.
``(2) The Director shall carry out this subsection through the
Assistant Director of Central Intelligence for Language and
Education.''.
(b) Conforming Amendment.--Subsection (i) of section 102 of the
National Security Act of 1947 (50 U.S.C. 403), as added by section
611(a), is amended in paragraph (2) by adding at the end the following
new subparagraph:
``(E) Making determinations under section 104(i).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to appointments made on or after the date that is
one year after the date of the enactment of this Act.
(d) Report on Exceptions.--The Director of Central Intelligence
shall submit to Congress a report that identifies positions within the
Senior Intelligence Service in the Directorate of Intelligence or the
Directorate of Operations of the Central Intelligence Agency that
should be exempt from the requirements of section 104(i) of the
National Security Act of 1947, as added by subsection (a), and that
includes the rationale for the exemption of each such position
identified by the Director.
SEC. 613. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE INTELLIGENCE
COMMUNITY.
(a) In General.--Title X of the National Security Act of 1947 (50
U.S.C.) is amended--
(1) by inserting before section 1001 (50 U.S.C. 441g) the
following:
``Subtitle A--Science and Technology'';
and
(2) by adding at the end the following new subtitles:
``Subtitle B--Foreign Languages Program
``program on advancement of foreign languages critical to the
intelligence community
``Sec. 1011. (a) Establishment of Program.--The Secretary of
Defense and the Director of Central Intelligence may jointly establish
a program to advance foreign languages skills in languages that are
critical to the capability of the intelligence community to carry out
national security activities of the United States (hereinafter in this
subtitle referred to as the `Foreign Languages Program').
``(b) Identification of Requisite Actions.--In order to carry out
the Foreign Languages Program, the Secretary of Defense and the
Director of Central Intelligence shall jointly determine actions
required to improve the education of personnel in the intelligence
community in foreign languages that are critical to the capability of
the intelligence community to carry out national security activities of
the United States to meet the long-term intelligence needs of the
United States.
``education partnerships
``Sec. 1012. (a) In General.--In carrying out the Foreign Languages
Program, the head of an element of an intelligence community entity may
enter into one or more education partnership agreements with
educational institutions in the United States in order to encourage and
enhance the study of foreign languages that are critical to the
capability of the intelligence community to carry out national security
activities of the United States in educational institutions.
``(b) Assistance Provided Under Educational Partnership
Agreements.--Under an educational partnership agreement entered into
with an educational institution pursuant to this section, the head of
an element of an intelligence community entity may provide the
following assistance to the educational institution:
``(1) The loan of equipment and instructional materials of
the element of the intelligence community entity to the
educational institution for any purpose and duration that the
head determines to be appropriate.
``(2) Notwithstanding any other provision of law relating
to transfers of surplus property, the transfer to the
educational institution of any computer equipment, or other
equipment, that is--
``(A) commonly used by educational institutions;
``(B) surplus to the needs of the entity; and
``(C) determined by the head of the element to be
appropriate for support of such agreement.
``(3) The provision of dedicated personnel to the
educational institution--
``(A) to teach courses in foreign languages that
are critical to the capability of the intelligence
community to carry out national security activities of
the United States; or
``(B) to assist in the development of such courses
and materials for the institution.
``(4) The involvement of faculty and students of the
educational institution in research projects of the element of
the intelligence community entity.
``(5) Cooperation with the educational institution in
developing a program under which students receive academic
credit at the educational institution for work on research
projects of the element of the intelligence community entity.
``(6) The provision of academic and career advice and
assistance to students of the educational institution.
``(7) The provision of cash awards and other items that the
head of the element of the intelligence community entity
determines to be appropriate.
``voluntary services
``Sec. 1013. (a) Authority To Accept Services.--Notwithstanding
section 1342 of title 31, United States Code, and subject to subsection
(b), the Foreign Languages Program under section 1011 shall include
authority for the head of an element of an intelligence community
entity to accept from any individual who is dedicated personnel (as
defined in section 1016(3)) voluntary services in support of the
activities authorized by this subtitle.
``(b) Requirements and Limitations.--(1) In accepting voluntary
services from an individual under subsection (a), the head of the
element shall--
``(A) supervise the individual to the same extent as the
head of the element would supervise a compensated employee of
that element providing similar services; and
``(B) ensure that the individual is licensed, privileged,
has appropriate educational or experiential credentials, or is
otherwise qualified under applicable law or regulations to
provide such services.
``(2) In accepting voluntary services from an individual under
subsection (a), the head of an element of the intelligence community
entity may not--
``(A) place the individual in a policymaking position, or
other position performing inherently government functions; or
``(B) except as provided in subsection (e), compensate the
individual for the provision of such services.
``(c) Authority To Recruit and Train Individuals Providing
Services.--The head of an element of an intelligence community entity
may recruit and train individuals to provide voluntary services
accepted under subsection (a).
``(d) Status of Individuals Providing Services.--(1) Subject to
paragraph (2), while providing voluntary services accepted under
subsection (a) or receiving training under subsection (c), an
individual shall be considered to be an employee of the Federal
Government only for purposes of the following provisions of law:
``(A) Subchapter I of chapter 81 of title 5, United States
Code (relating to compensation for work-related injuries).
``(B) Section 552a of title 5, United States Code (relating
to maintenance of records on individuals).
``(C) Chapter 11 of title 18, United States Code (relating
to conflicts of interest).
``(2)(A) With respect to voluntary services accepted under
paragraph (1) provided by an individual that are within the scope of
the services so accepted, the individual is deemed to be a volunteer of
a governmental entity or nonprofit institution for purposes of the
Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
``(B) In the case of any claim against such an individual with
respect to the provision of such services, section 4(d) of such Act (42
U.S.C. 14503(d)) shall not apply.
``(3) Acceptance of voluntary services under this section shall
have no bearing on the issuance or renewal of a security clearance.
``(e) Compensation for Work-Related Injuries.--For purposes of
determining the compensation for work-related injuries payable under
chapter 81 of title 5, United States Code, to an individual providing
voluntary services accepted under subsection (a), the monthly pay of
the individual for such services is deemed to be equal to the amount
determined by multiplying--
``(1) the average monthly number of hours that the
individual provided the services, by
``(2) the minimum wage determined in accordance with
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)).
``(f) Reimbursement of Incidental Expenses.--(1) The head of an
element of the intelligence community entity may reimburse an
individual for incidental expenses incurred by the individual in
providing voluntary services accepted under subsection (a). The head of
an element of the intelligence community entity shall determine which
expenses are eligible for reimbursement under this subsection.
``(2) Reimbursement under paragraph (1) may be made from
appropriated or nonappropriated funds.
``(g) Authority To Install Equipment.--(1) The head of an element
of the intelligence community may install telephone lines and any
necessary telecommunication equipment in the private residences of
individuals who provide voluntary services accepted under subsection
(a).
``(2) The head of an element of the intelligence community may pay
the charges incurred for the use of equipment installed under paragraph
(1) for authorized purposes.
``(3) Notwithstanding section 1348 of title 31, United States Code,
the head of an element of the intelligence community entity may use
appropriated funds or nonappropriated funds of the element in carrying
out this subsection.
``regulations
``Sec. 1014. (a) In General.--The Secretary of Defense and the
Director of Central Intelligence jointly shall promulgate regulations
necessary to carry out the Foreign Languages Program authorized under
this subtitle.
``(b) Elements of the Intelligence Community.--Each head of an
element of an intelligence community entity shall prescribe regulations
to carry out sections 1012 and 1013 with respect to that element
including the following:
``(1) Procedures to be utilized for the acceptance of
voluntary services under section 1013.
``(2) Procedures and requirements relating to the
installation of equipment under section 1013(g).
``definitions
``Sec. 1015. In this subtitle:
``(1) The term `intelligence community entity' means an
agency, office, bureau, or element referred to in subparagraphs
(B) through (K) of section 3(4).
``(2) The term `educational institution' means--
``(A) a local educational agency (as that term is
defined in section 9101(26) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(26))),
``(B) 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 or generally discharged under honorable
circumstances, and rehired on a voluntary basis specifically to perform
the activities authorized under this subtitle).
``Subtitle C--Additional Education Provisions
``assignment of intelligence community personnel as language students
``Sec. 1021. (a) In General.--The Director of Central Intelligence,
acting through the heads of the elements of the intelligence community,
may assign employees of such elements in analyst positions requiring
foreign language expertise as students at accredited professional,
technical, or other institutions of higher education for training at
the graduate or undergraduate level in foreign languages required for
the conduct of duties and responsibilities of such positions.
``(b) Authority for Reimbursement of Costs of Tuition and
Training.--(1) The Director may reimburse an employee assigned under
subsection (a) for the total cost of the training described in
subsection (a), including costs of educational and supplementary
reading materials.
``(2) The authority under paragraph (1) shall apply to employees
who are assigned on a full-time or part-time basis.
``(3) Reimbursement under paragraph (1) may be made from
appropriated or nonappropriated funds.
``(c) Relationship to Compensation as an Analyst.--Reimbursement
under this section to an employee who is an analyst is in addition to
any benefits, allowances, travels, or other compensation the employee
is entitled to by reason of serving in such an analyst position.''.
(b) Clerical Amendment.--The table of contents for the National
Security Act of 1947 is amended by striking the item relating to
section 1001 and inserting the following new items:
``Subtitle A--Science and Technology
``Sec. 1001. Scholarships and work-study for pursuit of graduate
degrees in science and technology.
``Subtitle B--Foreign Languages Program
``Sec. 1011. Program on advancement of foreign languages critical to
the intelligence community.
``Sec. 1012. Education partnerships.
``Sec. 1013. Voluntary services.
``Sec. 1014. Regulations.
``Sec. 1015. Definitions.
``Subtitle C--Additional Education Provisions
``Sec. 1021. Assignment of intelligence community personnel as language
students.''.
SEC. 614. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE CORPS.
(a) Pilot Project.--The Director of Central Intelligence shall
conduct a pilot project to establish a Civilian Linguist Reserve Corps
comprised of United States citizens with advanced levels of proficiency
in foreign languages who would be available upon a call of the
President to perform such service or duties with respect to such
foreign languages in the Federal Government as the President may
specify.
(b) Conduct of Project.--Taking into account the findings and
recommendations contained in the report required under section 325 of
the Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 116 Stat. 2393), in conducting the pilot project under
subsection (a) the Director of Central Intelligence shall--
(1) identify several foreign languages that are critical
for the national security of the United States;
(2) identify United States citizens with advanced levels of
proficiency in those foreign languages who would be available
to perform the services and duties referred to in subsection
(a); and
(3) implement a call for the performance of such services
and duties.
(c) Duration of Project.--The pilot project under subsection (a)
shall be conducted for a three-year period.
(d) Authority To Enter Into Contracts.--The Director of Central
Intelligence may enter into contracts with appropriate agencies or
entities to carry out the pilot project under subsection (a).
(e) Reports.--(1) The Director of Central Intelligence shall submit
to Congress an initial and a final report on the pilot project
conducted under subsection (a).
(2) Each report required under paragraph (1) shall contain
information on the operation of the pilot project, the success of the
pilot project in carrying out the objectives of the establishment of a
Civilian Linguist Reserve Corps, and recommendations for the
continuation or expansion of the pilot project.
(3) The final report shall be submitted not later than 6 months
after the completion of the project.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of Central Intelligence 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 section 102.
SEC. 615. CODIFICATION OF ESTABLISHMENT OF THE NATIONAL VIRTUAL
TRANSLATION CENTER.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by adding at the end the following new
section:
``national virtual translation center
``Sec. 119. (a) In General.--There is an element of the
intelligence community known as the National Virtual Translation Center
under the direction of the Director of Central Intelligence.
``(b) Function.--The National Virtual Translation Center shall
provide for timely and accurate translations of foreign intelligence
for all other elements of the intelligence community.
``(c) Facilitating Access to Translations.--In order to minimize
the need for a central facility for the National Virtual Translation
Center, the Center shall--
``(1) use state-of-the-art communications technology;
``(2) integrate existing translation capabilities in the
intelligence community; and
``(3) use remote-connection capacities.
``(d) Use of Secure Facilities.--Personnel of the National Virtual
Translation Center may carry out duties of the Center at any location
that--
``(1) has been certified as a secure facility by an agency
or department of the United States; and
``(2) the Director of Central Intelligence determines to be
appropriate for such purpose.''.
(b) Clerical Amendment.--The table of sections for that Act is
amended by inserting after the item relating to section 118 the
following new item:
``Sec. 119. National Virtual Translation Center.''.
SEC. 616. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED INSTRUCTORS
OF THE DEFENSE LANGUAGE INSTITUTE.
(a) Study.--The Secretary of Defense shall conduct a study on
methods to improve the recruitment and retention of qualified foreign
language instructors at the Foreign Language Center of the Defense
Language Institute. In conducting the study, the Secretary shall
consider, in the case of a foreign language instructor who is an alien,
to expeditiously adjust the status of the alien from a temporary status
to that of an alien lawfully admitted for permanent residence.
(b) Report.--(1) Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the study conducted
under subsection (a), and shall include in that report recommendations
for such changes in legislation and regulation as the Secretary
determines to be appropriate.
(2) Definition.--In this subsection, the term ``appropriate
congressional committees'' means the following:
(A) The Select Committee on Intelligence and the Committee
on Armed Services of the Senate.
(B) The Permanent Select Committee on Intelligence and the
Committee on Armed Services of the House of Representatives.
TITLE VII--REFORM OF DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS
SEC. 701. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Period of Designation.--Section 219(a)(4) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``Subject to paragraphs (5) and
(6), a'' and inserting ``A''; and
(B) by striking ``for a period of 2 years beginning
on the effective date of the designation under
paragraph (2)(B)'' and inserting ``until revoked under
paragraph (5) or (6) or set aside pursuant to
subsection (c)'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall
review the designation of a foreign terrorist
organization under the procedures set forth in
clauses (iii) and (iv) if the designated
organization files a petition for revocation
within the petition period described in clause
(ii).
``(ii) Petition period.--For purposes of
clause (i)--
``(I) if the designated
organization has not previously filed a
petition for revocation under this
subparagraph, the petition period
begins 2 years after the date on which
the designation was made; or
``(II) if the designated
organization has previously filed a
petition for revocation under this
subparagraph, the petition period
begins 2 years after the date of the
determination made under clause (iv) on
that petition.
``(iii) Procedures.--Any foreign terrorist
organization that submits a petition for
revocation under this subparagraph must provide
evidence in that petition that the relevant
circumstances described in paragraph (1) have
changed in such a manner as to warrant
revocation with respect to the organization.
``(iv) Determination.--
``(I) In general.--Not later than
180 days after receiving a petition for
revocation submitted under this
subparagraph, the Secretary shall make
a determination as to such revocation.
``(II) Classified information.--The
Secretary may consider classified
information in making a determination
in response to a petition for
revocation. Classified information
shall not be subject to disclosure for
such time as it remains classified,
except that such information may be
disclosed to a court ex parte and in
camera for purposes of judicial review
under subsection (c).
``(III) Publication of
determination.--A determination made by
the Secretary under this clause shall
be published in the Federal Register.
``(IV) Procedures.--Any revocation
by the Secretary shall be made in
accordance with paragraph (6).''; and
(3) by adding at the end the following:
``(C) Other review of designation.--
``(i) In general.--If in a 6-year period no
review has taken place under subparagraph (B),
the Secretary shall review the designation of
the foreign terrorist organization in order to
determine whether such designation should be
revoked pursuant to paragraph (6).
``(ii) Procedures.--If a review does not
take place pursuant to subparagraph (B) in
response to a petition for revocation that is
filed in accordance with that subparagraph,
then the review shall be conducted pursuant to
procedures established by the Secretary. The
results of such review and the applicable
procedures shall not be reviewable in any
court.
``(iii) Publication of results of review.--
The Secretary shall publish any determination
made pursuant to this subparagraph in the
Federal Register.''.
(b) Aliases.--Section 219 of the Immigration and Nationality Act (8
U.S.C. 1189) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a designation
under this subsection if the Secretary finds that the
organization has changed its name, adopted a new alias,
dissolved and then reconstituted itself under a different name
or names, or merged with another organization.
``(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Subparagraphs (B) and (C)
of subsection (a)(2) shall apply to an amended designation upon
such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and
(8) of subsection (a) shall also apply to an amended
designation.
``(3) Administrative record.--The administrative record
shall be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
``(4) Classified information.--The Secretary may consider
classified information in amending a designation in accordance
with this subsection. Classified information shall not be
subject to disclosure for such time as it remains classified,
except that such information may be disclosed to a court ex
parte and in camera for purposes of judicial review under
subsection (c).''.
(c) Technical and Conforming Amendments.--Section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(B), by striking ``subsection
(b)'' and inserting ``subsection (c)'';
(B) in paragraph (6)(A)--
(i) in the matter preceding clause (i), by
striking ``or a redesignation made under
paragraph (4)(B)'' and inserting ``at any time,
and shall revoke a designation upon completion
of a review conducted pursuant to subparagraphs
(B) and (C) of paragraph (4)''; and
(ii) in clause (i), by striking ``or
redesignation'';
(C) in paragraph (7), by striking ``, or the
revocation of a redesignation under paragraph (6),'';
and
(D) in paragraph (8)--
(i) by striking ``, or if a redesignation
under this subsection has become effective
under paragraph (4)(B),''; and
(ii) by striking ``or redesignation''; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (1), by striking ``of the
designation in the Federal Register,'' and all that
follows through ``review of the designation'' and
inserting ``in the Federal Register of a designation,
an amended designation, or a determination in response
to a petition for revocation, the designated
organization may seek judicial review'';
(B) in paragraph (2), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation'';
(C) in paragraph (3), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation''; and
(D) in paragraph (4), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation'' each place that
term appears.
(d) Savings Provision.--For purposes of applying section 219 of the
Immigration and Nationality Act on or after the date of enactment of
this Act, the term ``designation'', as used in that section, includes
all redesignations made pursuant to section 219(a)(4)(B) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to the
date of enactment of this Act, and such redesignations shall continue
to be effective until revoked as provided in paragraph (5) or (6) of
section 219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
SEC. 702. INCLUSION IN ANNUAL DEPARTMENT OF STATE COUNTRY REPORTS ON
TERRORISM OF 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)(1)(C)(iii), by striking ``and'' at
the end;
(3) in subsection (b)(1)(C)--
(A) by redesignating clause (iv) as clause (v); and
(B) by inserting after clause (iii) the following
new clause:
``(iv) providing weapons of mass
destruction, or assistance in obtaining or
developing such weapons, to terrorists or
terrorist groups; and''; and
(4) in subsection (b)(2)--
(A) by redesignating subparagraphs (C), (D), and
(E) as (D), (E), and (F), respectively; and
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) efforts by those groups to obtain or develop
weapons of mass destruction;''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply beginning with the first report under section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f), submitted more than one year after the date of the enactment of
this Act.
Passed the House of Representatives June 23, 2004.
Attest:
JEFF TRANDAHL,
Clerk.