PUBLIC LAW 108–487—DEC. 23, 2004 118 STAT. 3939

Public Law 108–487

108th Congress

An Act

To authorize appropriations for fiscal year 2005 for intelligence and intelligencerelated activities of the United States Government, the Community Management

Account, and the Central Intelligence Agency Retirement and Disability System,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This title may be cited as the ‘‘Intelligence

Authorization Act for Fiscal Year 2005’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Personnel ceiling adjustments.

Sec. 104. Intelligence Community Management Account.

Sec. 105. Incorporation of reporting requirements.

Sec. 106. Specific authorization of funds for intelligence or intelligence-related activities for which fiscal year 2004 appropriations exceed amounts authorized.

Sec. 107. Preparation and submittal of reports, reviews, studies, and plans relating

to intelligence activities of Department of Defense and Department of

Energy.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

TITLE III—GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by law.

Sec. 302. Restriction on conduct of intelligence activities.

Sec. 303. Chief Information Officer.

Sec. 304. Improvement of authorities relating to National Virtual Translation Center.

Sec. 305. Intelligence assessment on sanctuaries for terrorists.

Sec. 306. Sense of Congress on availability to Congress of information on Iraq OilFor-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.

Intelligence

Authorization

Act for Fiscal

Year 2005.

Dec. 23, 2004

[H.R. 4548]

118 STAT. 3940 PUBLIC LAW 108–487—DEC. 23, 2004

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.

PUBLIC LAW 108–487—DEC. 23, 2004 118 STAT. 3941

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZA- TIONS.—The Schedule of Authorizations shall be made available

to the Committees on Appropriations of the Senate and House

of Representatives and to the President. The President shall provide

for suitable distribution of the Schedule, or of appropriate portions

of the Schedule, within the executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

(a) AUTHORITY FOR ADJUSTMENTS.—With the approval of the

Director of the Office of Management and Budget, the Director

of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2005

under section 102 when the Director of National Intelligence determines that such action is necessary to the performance of important

intelligence functions, except that the number of personnel

employed in excess of the number authorized under such section

may not, for any element of the intelligence community, exceed

2 percent of the number of civilian personnel authorized under

such section for such element.

(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Director of

National Intelligence shall promptly notify the Select Committee

on Intelligence of the Senate and the Permanent Select Committee

on Intelligence of the House of Representatives whenever the

Director exercises the authority granted by this section.

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated for the Intelligence Community Management

Account of the Director of National Intelligence for fiscal year

2005 the sum of $310,466,000. Within such amount, funds identified

in the classified Schedule of Authorizations referred to in section

102(a) for advanced research and development shall remain available until September 30, 2006.

(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the

Intelligence Community Management Account of the Director of

National Intelligence are authorized 310 full-time personnel as

of September 30, 2005. Personnel serving in such elements may

be permanent employees of the Intelligence Community Management Account or personnel detailed from other elements of the

United States Government.

(c) CLASSIFIED AUTHORIZATIONS.— (1) AUTHORIZATION OF APPROPRIATIONS.—In addition to

amounts authorized to be appropriated for the Intelligence

Community Management Account by subsection (a), there are

also authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2005 such additional

amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts

for research and development shall remain available until September 30, 2006.

(2) AUTHORIZATION OF PERSONNEL.—In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30,

2005, there are also authorized such additional personnel for

such elements as of that date as are specified in the classified

Schedule of Authorizations.

(d) REIMBURSEMENT.—Except as provided in section 113 of the

National Security Act of 1947 (50 U.S.C. 404h), during fiscal year

President.

118 STAT. 3942 PUBLIC LAW 108–487—DEC. 23, 2004

2005 any officer or employee of the United States or a member

of the Armed Forces who is detailed to the staff of the Intelligence

Community Management Account from another element of the

United States Government shall be detailed on a reimbursable

basis, except that any such officer, employee, or member may be

detailed on a nonreimbursable basis for a period of less than one

year for the performance of temporary functions as required by

the Director of National Intelligence.

(e) NATIONAL DRUG INTELLIGENCE CENTER.— (1) IN GENERAL.—Of the amount authorized to be appro- priated 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.

21 USC 873 note.

PUBLIC LAW 108–487—DEC. 23, 2004 118 STAT. 3943

SEC. 107. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS,

STUDIES, AND PLANS RELATING TO INTELLIGENCE

ACTIVITIES OF DEPARTMENT OF DEFENSE AND DEPARTMENT OF ENERGY.

(a) CONSULTATION IN PREPARATION.—(1) The Director of

National Intelligence shall ensure that any report, review, study,

or plan required to be prepared or conducted by a provision of

this Act, including a provision of the classified Schedule of

Authorizations referred to in section 102(a) or the classified annex

to this Act, that involves the intelligence or intelligence-related

activities of the Department of Defense or the Department of Energy

is prepared or conducted in consultation with the Secretary of

Defense or the Secretary of Energy, as appropriate.

(2) The Secretary of Defense or the Secretary of Energy may

carry out any consultation required by this subsection through

an official of the Department of Defense or the Department of

Energy, as the case may be, designated by such Secretary for

that purpose.

(b) SUBMITTAL.—Any report, review, study, or plan referred

to in subsection (a) shall be submitted, in addition to any other

committee of Congress specified for submittal in the provision concerned, to the following committees or subcommittees of Congress,

as appropriate:

(1) The Committee on Armed Services, the Subcommittee

on Defense of the Committee on Appropriations, and the Select

Committee on Intelligence of the Senate.

(2) The Committee on Armed Services, the Subcommittee

on Defense of the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

TITLE II—CENTRAL INTELLIGENCE

AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2005

the sum of $239,400,000.

TITLE III—GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS

AUTHORIZED BY LAW.

Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased

by such additional or supplemental amounts as may be necessary

for increases in such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by this Act shall not be

deemed to constitute authority for the conduct of any intelligence

activity which is not otherwise authorized by the Constitution or

the laws of the United States.

50 USC 415b

note.

118 STAT. 3944 PUBLIC LAW 108–487—DEC. 23, 2004

SEC. 303. CHIEF INFORMATION OFFICER.

(a) ESTABLISHMENT.—(1) Title I of the National Security Act

of 1947, as amended by section 1011(a) of the National Security

Intelligence Reform Act of 2004, is further amended by inserting

after section 103F the following new section:

‘‘CHIEF INFORMATION OFFICER

‘‘SEC. 103G. (a) CHIEF INFORMATION OFFICER.—To assist the

Director of National Intelligence in carrying out the responsibilities

of the Director under this Act and other applicable provisions of

law, there shall be within the Office of the Director of National

Intelligence a Chief Information Officer who shall be appointed

by the President, by and with the advice and consent of the Senate.

‘‘(b) CHIEF INFORMATION OFFICER OF INTELLIGENCE COMMUNITY.—The Chief Information Officer shall serve as the chief

information officer of the intelligence community.

‘‘(c) DUTIES AND RESPONSIBILITIES.—Subject to the direction

of the Director of National Intelligence, the Chief Information

Officer shall—

‘‘(1) manage activities relating to the information technology infrastructure and enterprise architecture requirements

of the intelligence community;

‘‘(2) have procurement approval authority over all information technology items related to the enterprise architectures

of all intelligence community components;

‘‘(3) direct and manage all information technology-related

procurement for the intelligence community; and

‘‘(4) ensure that all expenditures for information technology

and research and development activities are consistent with

the intelligence community enterprise architecture and the

strategy of the Director for such architecture.

‘‘(d) PROHIBITION ON SIMULTANEOUS SERVICE AS OTHER CHIEF

INFORMATION OFFICER.—An individual serving in the position of

Chief Information Officer may not, while so serving, serve as the

chief information officer of any other department or agency, or

component thereof, of the United States Government.’’.

(2) The table of contents in the first section of the National

Security Act of 1947, as amended by the National Security Intelligence Reform Act of 2004, is further amended by inserting after

the item relating to section 103F the following new item:

‘‘Sec. 103G. Chief Information Officer.’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the effective date of the National Security

Intelligence Reform Act of 2004, as provided in section 801 of

this Act.

SEC. 304. IMPROVEMENT OF AUTHORITIES RELATING TO NATIONAL

VIRTUAL TRANSLATION CENTER.

(a) FUNCTION OF CENTER.—Section 313 of the Intelligence

Authorization Act for Fiscal Year 2003 (Public Law 107–306; 116

Stat. 2391; 50 U.S.C. 404n) is amended—

(1) by redesignating subsections (c) and (d) as subsections

(d) and (e), respectively; and

(2) by inserting after subsection (b) the following new subsection (c):

50 USC 403–3g

note.

President.

Congress.

50 USC 403–3g.

PUBLIC LAW 108–487—DEC. 23, 2004 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—

118 STAT. 3946 PUBLIC LAW 108–487—DEC. 23, 2004

(1) by striking subsection (f); and

(2) by redesignating subsections (g) and (h) as subsections

(f) and (g), respectively.

(b) TERMINATION OF FUNDS REMITTANCE REQUIREMENT.—(1)

Section 2 of such Act is further amended by striking subsection

(i).

(2) Section 4(a)(2)(B)(ii) of the Federal Workforce Restructuring

Act of 1994 (5 U.S.C. 8331 note) is amended by striking ‘‘, or

section 2 of the Central Intelligence Agency Voluntary Separation

Pay Act (Public Law 103–36; 107 Stat. 104)’’.

SEC. 402. INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT

AUTHORITY.

The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a

et seq.) is amended by adding at the end the following:

‘‘INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT AUTHORITY

‘‘SEC. 23. (a) DEFINITIONS.—In this section—

‘‘(1) the term ‘designated employee’ means an employee

designated by the Director of the Central Intelligence Agency

under subsection (b); and

‘‘(2) the term ‘Federal retirement system’ includes the Central Intelligence Agency Retirement and Disability System, and

the Federal Employees’ Retirement System (including the Thrift

Savings Plan).

‘‘(b) IN GENERAL.— ‘‘(1) AUTHORITY.—Notwithstanding any other provision of

law, the Director of the Central Intelligence Agency may exercise the authorities under this section in order to—

‘‘(A) protect from unauthorized disclosure—

‘‘(i) intelligence operations;

‘‘(ii) the identities of undercover intelligence officers;

‘‘(iii) intelligence sources and methods; or

‘‘(iv) intelligence cover mechanisms; or

‘‘(B) meet the special requirements of work related

to collection of foreign intelligence or other authorized

activities of the Agency.

‘‘(2) DESIGNATION OF EMPLOYEES.—The Director of the Central Intelligence Agency may designate any employee of the

Agency who is under nonofficial cover to be an employee to

whom this section applies. Such designation may be made

with respect to any or all authorities exercised under this

section.

‘‘(c) COMPENSATION.—The Director of the Central Intelligence

Agency may pay a designated employee salary, allowances, and

other benefits in an amount and in a manner consistent with

the nonofficial cover of that employee, without regard to any limitation that is otherwise applicable to a Federal employee. A designated employee may accept, utilize, and, to the extent authorized

by regulations prescribed under subsection (i), retain any salary,

allowances, and other benefits provided under this section.

‘‘(d) RETIREMENT BENEFITS.—

‘‘(1) IN GENERAL.—The Director of the Central Intelligence

Agency may establish and administer a nonofficial cover

employee retirement system for designated employees (and the

spouse, former spouses, and survivors of such designated

50 USC 403w.

PUBLIC LAW 108–487—DEC. 23, 2004 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

118 STAT. 3948 PUBLIC LAW 108–487—DEC. 23, 2004

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.—

PUBLIC LAW 108–487—DEC. 23, 2004 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—

118 STAT. 3950 PUBLIC LAW 108–487—DEC. 23, 2004

‘‘(A) shall file a Federal or State tax return as if that

employee is not a Federal employee and may claim and

receive the benefit of any exclusion, deduction, tax credit,

or other tax treatment that would otherwise apply if that

employee was not a Federal employee, if the Director of

the Central Intelligence Agency determines that taking

any action under this paragraph is necessary to—

‘‘(i) protect from unauthorized disclosure—

‘‘(I) intelligence operations;

‘‘(II) the identities of undercover intelligence

officers;

‘‘(III) intelligence sources and methods; or

‘‘(IV) intelligence cover mechanisms; and

‘‘(ii) meet the special requirements of work related

to collection of foreign intelligence or other authorized

activities of the Agency; and

‘‘(B) shall receive social security benefits based on the

social security contributions made.

‘‘(2) INTERNAL REVENUE SERVICE REVIEW.—The Director of

the Central Intelligence Agency shall establish procedures to

carry out this subsection. The procedures shall be subject to

periodic review by the Internal Revenue Service.

‘‘(i) REGULATIONS.—The Director of the Central Intelligence

Agency shall prescribe regulations to carry out this section. The

regulations shall ensure that the combination of salary, allowances,

and benefits that an employee designated under this section may

retain does not significantly exceed, except to the extent determined

by the Director of the Central Intelligence Agency to be necessary

to exercise the authority in subsection (b), the combination of salary,

allowances, and benefits otherwise received by Federal employees

not designated under this section.

‘‘(j) FINALITY OF DECISIONS.—Any determinations authorized

by this section to be made by the Director of the Central Intelligence

Agency or the Director’s designee shall be final and conclusive

and shall not be subject to review by any court.

‘‘(k) SUBSEQUENTLY ENACTED LAWS.—No law enacted after the

effective date of this section shall affect the authorities and provisions of this section unless such law specifically refers to this

section.’’.

TITLE V—DEPARTMENT OF DEFENSE

INTELLIGENCE MATTERS

SEC. 501. NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES

PANEL.

The National Security Agency Act of 1959 (50 U.S.C. 402 note)

is amended by adding at the end the following new section:

‘‘SEC. 19. (a) There is established the National Security Agency

Emerging Technologies Panel. The Panel is a standing panel of

the National Security Agency. The Panel shall be appointed by,

and shall report directly to, the Director of the National Security

Agency.

‘‘(b) The Panel shall study and assess, and periodically advise

the Director on, the research, development, and application of

existing and emerging science and technology advances, advances

in encryption, and other topics.

Establishment.

Procedures.

PUBLIC LAW 108–487—DEC. 23, 2004 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

118 STAT. 3952 PUBLIC LAW 108–487—DEC. 23, 2004

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

PUBLIC LAW 108–487—DEC. 23, 2004 118 STAT. 3953

the element, the head of the element determines that equity or

the interests of the United States so require.’’.

(2) The amendment made by paragraph (1) shall apply to

training under section 802(i) of the David L. Boren National Security Act of 1991 that begins on or after the date that is 90 days

after the date of the enactment of this Act.

(b) INCREASE IN ANNUAL FUNDING.—Section 811 of that Act

(50 U.S.C. 1911) is amended by striking subsection (b) and inserting

the following new subsections:

‘‘(b) FUNDING FROM INTELLIGENCE COMMUNITY MANAGEMENT

ACCOUNT FOR FISCAL YEARS BEGINNING WITH FISCAL YEAR 2005.—

In addition to amounts that may be made available to the Secretary

under the Fund for a fiscal year, the Director of National Intelligence shall transfer to the Secretary from amounts appropriated

for the Intelligence Community Management Account for each fiscal

year, beginning with fiscal year 2005, $6,000,000 to carry out the

grant program for the National Flagship Language Initiative under

section 802(a)(1)(D).

‘‘(c) AVAILABILITY OF APPROPRIATED FUNDS.—Amounts made

available under this section shall remain available until expended.’’.

(c) INCREASE IN NUMBER OF PARTICIPATING EDUCATIONAL

INSTITUTIONS.—The Secretary of Defense shall take such actions

as the Secretary considers appropriate to increase the number

of qualified educational institutions that receive grants under the

National Flagship Language Initiative under section 802(i) of the

David L. Boren National Security Education Act of 1991 to establish, operate, or improve activities designed to train students in

programs in a range of disciplines to achieve advanced levels of

proficiency in those foreign languages that the Secretary identifies

as being the most critical to the national security of the United

States.

(d) CLARIFICATION OF AUTHORITY TO SUPPORT STUDIES

ABROAD.—Educational institutions that receive grants under the

National Flagship Language Initiative may support students who

pursue total immersion foreign language studies overseas of foreign

languages that are critical to the national security of the United

States.

SEC. 603. SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE STUDIES

FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED

STATES WITHIN NATIONAL SECURITY EDUCATION PROGRAM.

(a) SCHOLARSHIP PROGRAM.—(1) Subsection (a)(1) of section

802 of the David L. Boren National Security Education Act of

1991 (50 U.S.C. 1902) is amended—

(A) by striking ‘‘and’’ at the end of subparagraph (C);

(B) by striking the period at the end of subparagraph

(D) and inserting ‘‘; and’’; and

(C) by adding at the end the following new subparagraph:

‘‘(E) awarding scholarships to students who—

‘‘(i) are United States citizens who—

‘‘(I) are native speakers (referred to as ‘heritage community citizens’) of a foreign language that

is identified as critical to the national security

interests of the United States who should be

actively recruited for employment by Federal security agencies with a need for linguists; and

50 USC 1902

note.

50 USC 1902

note.

Applicability.

50 USC 1902

note.

118 STAT. 3954 PUBLIC LAW 108–487—DEC. 23, 2004

‘‘(II) are not proficient at a professional level

in the English language with respect to reading,

writing, and other skills required to carry out the

national security interests of the United States,

as determined by the Secretary,

to enable such students to pursue English language

studies at an institution of higher education of the

United States to attain proficiency in those skills; and

‘‘(ii) enter into an agreement to work in a position

in a similar manner (as determined by the Secretary)

as agreements entered into pursuant to subsection

(b)(2)(A).’’.

(2) The matter following subsection (a)(2) of such section is

amended—

(A) in the first sentence, by inserting ‘‘or for the scholarship

program under paragraph (1)(E)’’ after ‘‘under paragraph (1)(D)

for the National Flagship Language Initiative described in subsection (i)’’; and

(B) by adding at the end the following: ‘‘For the authorization of appropriations for the scholarship program under paragraph (1)(E), see section 812.’’.

(3) Section 803(d)(4)(E) of such Act (50 U.S.C. 1903(d)(4)(E))

is amended by inserting before the period the following: ‘‘and section

802(a)(1)(E) (relating to the scholarship program for advanced

English language studies by heritage community citizens)’’.

(b) FUNDING.—The David L. Boren National Security Education

Act of 1991 (50 U.S.C. 1901 et seq.) is amended by adding at

the end the following new section:

‘‘SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR ADVANCED

ENGLISH LANGUAGE STUDIES BY HERITAGE COMMUNITY

CITIZENS.

‘‘(a) FUNDING FROM INTELLIGENCE COMMUNITY MANAGEMENT

ACCOUNT.—In addition to amounts that may be made available

to the Secretary under the Fund for a fiscal year, the Director

of National Intelligence shall transfer to the Secretary from

amounts appropriated for the Intelligence Community Management

Account for each fiscal year, beginning with fiscal year 2005,

$2,000,000 to carry out the scholarship programs for English language studies by certain heritage community citizens under section

802(a)(1)(E).

‘‘(b) AVAILABILITY OF FUNDS.—Amounts made available under

subsection (a) shall remain available until expended.’’.

Subtitle B—Improvement in Intelligence

Community Foreign Language Skills

SEC. 611. FOREIGN LANGUAGE PROFICIENCY FOR CERTAIN SENIOR

LEVEL POSITIONS IN THE CENTRAL INTELLIGENCE

AGENCY.

(a) IN GENERAL.—Section 104A of the National Security Act

of 1947, amended by section 1011(a) of the National Security Intelligence Reform Act of 2004, is further amended by adding at the

end the following new subsection:

‘‘(g) FOREIGN LANGUAGE PROFICIENCY FOR CERTAIN SENIOR

LEVEL POSITIONS IN CENTRAL INTELLIGENCE AGENCY.—(1) Except

50 USC 403–4a.

50 USC 1912.

PUBLIC LAW 108–487—DEC. 23, 2004 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) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply with respect to appointments made on or after the

date that is one year after the date of the enactment of this

Act.

(c) REPORT ON WAIVERS.—The Director of the Central Intelligence Agency shall submit to Congress a report that identifies

positions within the Senior Intelligence Service in the Directorate

of Intelligence or the Directorate of Operations of the Central Intelligence Agency that are determined by the Director to require

waiver from the requirements of section 104A(g) of the National

Security Act of 1947, as added by subsection (a). The report shall

include a rationale for any waiver granted under section 104A(g)(2),

as so added, for each position or category of positions so identified.

SEC. 612. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE

INTELLIGENCE COMMUNITY.

(a) IN GENERAL.—Title X of the National Security Act of 1947

(50 U.S.C. 441g) is amended—

(1) by inserting before section 1001 (50 U.S.C. 441g) the

following:

‘‘SUBTITLE A—SCIENCE AND TECHNOLOGY’’;

and

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

‘‘SUBTITLE B—FOREIGN LANGUAGES PROGRAM

‘‘PROGRAM ON ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO

THE INTELLIGENCE COMMUNITY

‘‘SEC. 1011. (a) IN GENERAL.—The Secretary of Defense and

the Director of National Intelligence may jointly carry out a program

to advance skills in foreign languages that are critical to the capability of the intelligence community to carry out the national security activities of the United States (hereinafter in this subtitle

referred to as the ‘Foreign Languages Program’).

50 USC 441j.

50 USC 403–4a

note.

118 STAT. 3956 PUBLIC LAW 108–487—DEC. 23, 2004

‘‘(b) IDENTIFICATION OF REQUISITE ACTIONS.—In order to carry

out the Foreign Languages Program, the Secretary of Defense and

the Director of National Intelligence shall jointly identify actions

required to improve the education of personnel in the intelligence

community in foreign languages that are critical to the capability

of the intelligence community to carry out the national security

activities of the United States and to meet the long-term intelligence

needs of the United States.

‘‘EDUCATION PARTNERSHIPS

‘‘SEC. 1012. (a) IN GENERAL.—In carrying out the Foreign Languages Program, the head of a covered element of the intelligence

community may enter into one or more education partnership agreements with educational institutions in the United States in order

to encourage and enhance the study in such educational institutions

of foreign languages that are critical to the capability of the intelligence community to carry out the national security activities of

the United States.

‘‘(b) ASSISTANCE PROVIDED UNDER EDUCATIONAL PARTNERSHIP

AGREEMENTS.—Under an educational partnership agreement

entered into with an educational institution pursuant to this section,

the head of a covered element of the intelligence community may

provide the following assistance to the educational institution:

‘‘(1) The loan of equipment and instructional materials

of the element of the intelligence community to the educational

institution for any purpose and duration that the head of the

element considers appropriate.

‘‘(2) Notwithstanding any other provision of law relating

to the transfer of surplus property, the transfer to the educational institution of any computer equipment, or other equipment, that is—

‘‘(A) commonly used by educational institutions;

‘‘(B) surplus to the needs of the element of the intelligence community; and

‘‘(C) determined by the head of the element to be

appropriate for support of such agreement.

‘‘(3) The provision of dedicated personnel to the educational

institution—

‘‘(A) to teach courses in foreign languages that are

critical to the capability of the intelligence community to

carry out the national security activities of the United

States; or

‘‘(B) to assist in the development for the educational

institution of courses and materials on such languages.

‘‘(4) The involvement of faculty and students of the educational institution in research projects of the element of the

intelligence community.

‘‘(5) Cooperation with the educational institution in developing a program under which students receive academic credit

at the educational institution for work on research projects

of the element of the intelligence community.

‘‘(6) The provision of academic and career advice and assistance to students of the educational institution.

‘‘(7) The provision of cash awards and other items that

the head of the element of the intelligence community considers

appropriate.

50 USC 441j–1.

PUBLIC LAW 108–487—DEC. 23, 2004 118 STAT. 3957

‘‘VOLUNTARY SERVICES

‘‘SEC. 1013. (a) AUTHORITY TO ACCEPT SERVICES.—Notwithstanding section 1342 of title 31, United States Code, and subject

to subsection (b), the Foreign Languages Program under section

1011 shall include authority for the head of a covered element

of the intelligence community to accept from any dedicated personnel voluntary services in support of the activities authorized

by this subtitle.

‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) In accepting voluntary services from an individual under subsection (a), the head

of a covered element of the intelligence community shall—

‘‘(A) supervise the individual to the same extent as the

head of the element would supervise a compensated employee

of that element providing similar services; and

‘‘(B) ensure that the individual is licensed, privileged, has

appropriate educational or experiential credentials, or is otherwise qualified under applicable law or regulations to provide

such services.

‘‘(2) In accepting voluntary services from an individual under

subsection (a), the head of a covered element of the intelligence

community may not—

‘‘(A) place the individual in a policymaking position, or

other position performing inherently governmental functions;

or

‘‘(B) compensate the individual for the provision of such

services.

‘‘(c) AUTHORITY TO RECRUIT AND TRAIN INDIVIDUALS PROVIDING

SERVICES.—The head of a covered element of the intelligence

community may recruit and train individuals to provide voluntary

services under subsection (a).

‘‘(d) STATUS OF INDIVIDUALS PROVIDING SERVICES.—(1) Subject

to paragraph (2), while providing voluntary services under subsection (a) or receiving training under subsection (c), an individual

shall be considered to be an employee of the Federal Government

only for purposes of the following provisions of law:

‘‘(A) Section 552a of title 5, United States Code (relating

to maintenance of records on individuals).

‘‘(B) Chapter 11 of title 18, United States Code (relating

to conflicts of interest).

‘‘(2)(A) With respect to voluntary services under paragraph

(1) provided by an individual that are within the scope of the

services accepted under that paragraph, the individual shall be

deemed to be a volunteer of a governmental entity or nonprofit

institution for purposes of the Volunteer Protection Act of 1997

(42 U.S.C. 14501 et seq.).

‘‘(B) In the case of any claim against such an individual with

respect to the provision of such services, section 4(d) of such Act

(42 U.S.C. 14503(d)) shall not apply.

‘‘(3) Acceptance of voluntary services under this section shall

have no bearing on the issuance or renewal of a security clearance.

‘‘(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—(1) The head

of a covered element of the intelligence community may reimburse

an individual for incidental expenses incurred by the individual

in providing voluntary services under subsection (a). The head

of a covered element of the intelligence community shall determine

50 USC 441j–2.

118 STAT. 3958 PUBLIC LAW 108–487—DEC. 23, 2004

which expenses are eligible for reimbursement under this subsection.

‘‘(2) Reimbursement under paragraph (1) may be made from

appropriated or nonappropriated funds.

‘‘(f) AUTHORITY TO INSTALL EQUIPMENT.—(1) The head of a

covered element of the intelligence community may install telephone

lines and any necessary telecommunication equipment in the private residences of individuals who provide voluntary services under

subsection (a).

‘‘(2) The head of a covered element of the intelligence community may pay the charges incurred for the use of equipment installed

under paragraph (1) for authorized purposes.

‘‘(3) Notwithstanding section 1348 of title 31, United States

Code, the head of a covered element of the intelligence community

may use appropriated funds or nonappropriated funds of the element in carrying out this subsection.

‘‘REGULATIONS

‘‘SEC. 1014. (a) IN GENERAL.—The Secretary of Defense and

the Director of National Intelligence shall jointly prescribe regulations to carry out the Foreign Languages Program.

‘‘(b) ELEMENTS OF THE INTELLIGENCE COMMUNITY.—The head

of each covered element of the intelligence community shall prescribe regulations to carry out sections 1012 and 1013 with respect

to that element including the following:

‘‘(1) Procedures to be utilized for the acceptance of voluntary services under section 1013.

‘‘(2) Procedures and requirements relating to the installation of equipment under section 1013(f).

‘‘DEFINITIONS

‘‘SEC. 1015. In this subtitle:

‘‘(1) The term ‘covered element of the intelligence community’ means an agency, office, bureau, or element referred to

in subparagraphs (B) through (L) of section 3(4).

‘‘(2) The term ‘educational institution’ means—

‘‘(A) a local educational agency (as that term is defined

in section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)));

‘‘(B) an institution of higher education (as defined in

section 102 of the Higher Education Act of 1965 (20 U.S.C.

1002) other than institutions referred to in subsection

(a)(1)(C) of such section); or

‘‘(C) any other nonprofit institution that provides

instruction of foreign languages in languages that are critical to the capability of the intelligence community to carry

out national security activities of the United States.

‘‘(3) The term ‘dedicated personnel’ means employees of

the intelligence community and private citizens (including

former civilian employees of the Federal Government who have

been voluntarily separated, and members of the United States

Armed Forces who have been honorably discharged, honorably

separated, or generally discharged under honorable circumstances and rehired on a voluntary basis specifically to

perform the activities authorized under this subtitle).

50 USC 441j–4.

50 USC 441j–3.

PUBLIC LAW 108–487—DEC. 23, 2004 118 STAT. 3959

‘‘SUBTITLE C—ADDITIONAL EDUCATION PROVISIONS

‘‘ASSIGNMENT OF INTELLIGENCE COMMUNITY PERSONNEL AS

LANGUAGE STUDENTS

‘‘SEC. 1021. (a) IN GENERAL.—The Director of National Intelligence, acting through the heads of the elements of the intelligence

community, may assign employees of such elements in analyst

positions requiring foreign language expertise as students at accredited professional, technical, or other institutions of higher education

for training at the graduate or undergraduate level in foreign languages required for the conduct of duties and responsibilities of

such positions.

‘‘(b) AUTHORITY FOR REIMBURSEMENT OF COSTS OF TUITION

AND TRAINING.—(1) The Director of National Intelligence may

reimburse an employee assigned under subsection (a) for the total

cost of the training described in that subsection, including costs

of educational and supplementary reading materials.

‘‘(2) The authority under paragraph (1) shall apply to employees

who are assigned on a full-time or part-time basis.

‘‘(3) Reimbursement under paragraph (1) may be made from

appropriated or nonappropriated funds.

‘‘(c) RELATIONSHIP TO COMPENSATION AS AN ANALYST.— Reimbursement under this section to an employee who is an analyst

is in addition to any benefits, allowances, travel expenses, or other

compensation the employee is entitled to by reason of serving in

such an analyst position.’’.

(b) CLERICAL AMENDMENT.—The table of contents for the

National Security Act of 1947 is amended by striking the item

relating to section 1001 and inserting the following new items:

‘‘Subtitle A—Science and Technology

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

and technology.

‘‘Subtitle B—Foreign Languages Program

‘‘Sec. 1011. Program on advancement of foreign languages critical to the intelligence community. ‘‘Sec. 1012. Education partnerships.

‘‘Sec. 1013. Voluntary services.

‘‘Sec. 1014. Regulations.

‘‘Sec. 1015. Definitions.

‘‘Subtitle C—Additional Education Provisions

‘‘Sec. 1021. Assignment of intelligence community personnel as language students.’’.

SEC. 613. PILOT PROJECT ON CIVILIAN LINGUIST RESERVE CORPS.

(a) PILOT PROJECT.—The Director of National Intelligence shall

conduct a pilot project to assess the feasibility and advisability

of establishing a Civilian Linguist Reserve Corps comprised of

United States citizens with advanced levels of proficiency in foreign

languages who would be available upon the call of the Director

to perform such service or duties with respect to such foreign

languages in the intelligence community as the Director may

specify.

(b) CONDUCT OF PROJECT.—Taking into account the findings

and recommendations contained in the report required under section

325 of the Intelligence Authorization Act for Fiscal Year 2003

(Public Law 107–306; 116 Stat. 2393), in conducting the pilot project

under subsection (a) the Director of National Intelligence shall—

50 USC 403–1b

note.

Applicability.

50 USC 441m.

118 STAT. 3960 PUBLIC LAW 108–487—DEC. 23, 2004

(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

PUBLIC LAW 108–487—DEC. 23, 2004 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:

118 STAT. 3962 PUBLIC LAW 108–487—DEC. 23, 2004

‘‘(3) to the extent practicable, complete statistical information on the number of individuals, including United States

citizens and dual nationals, killed, injured, or kidnapped by

each terrorist group during the preceding calendar year; and

‘‘(4) an analysis, as appropriate, of trends in international

terrorism, including changes in technology used, methods and

targets of attack, demographic information on terrorists, and

other appropriate information.’’.

(b) EFFECTIVE DATE.—The amendments made by subsection

(a) shall apply beginning with the first report under section 140

of the Foreign Relations Authorization Act, Fiscal Years 1988 and

1989 that is submitted more than one year after the date of the

enactment of this Act.

TITLE VIII—OTHER MATTERS

SEC. 801. EFFECTIVE DATE.

Except as otherwise expressly provided in this Act, this Act

(and the amendments made by this Act) shall take effect on the

date of the enactment of this Act.

SEC. 802. CONSTRUCTION OF REFERENCES TO DIRECTOR OF CENTRAL

INTELLIGENCE.

Except as otherwise specifically provided or otherwise provided

by context, any reference in this Act, or in the classified annex

to accompany this Act, to the Director of Central Intelligence shall

be deemed to be a reference to the Director of Central Intelligence

as head of the intelligence community.

SEC. 803. SAVINGS PROVISIONS RELATING TO DISCHARGE OF CERTAIN

FUNCTIONS AND AUTHORITIES.

(a) HEAD OF INTELLIGENCE COMMUNITY.—(1) During the period

beginning on the date of the enactment of this Act and ending

on the date of the appointment of the Director of National Intelligence under section 102 of the National Security Act of 1947,

as amended by section 1011(a) of the National Security Intelligence

Reform Act of 2004, the Director of Central Intelligence may, acting

as the head of the intelligence community, discharge the functions

and authorities provided in this Act, and the amendments made

by this Act, to the Director of National Intelligence.

(2) During the period referred to in paragraph (1) any reference

in this Act or the amendments made by this Act to the Director

of National Intelligence shall be considered to be a reference to

the Director of Central Intelligence, as the head of the intelligence

community.

(3) Upon the appointment of an individual as Director of

National Intelligence under section 102 of the National Security

Act of 1947, as so amended, any reference in this Act, or in the

classified annex to accompany this Act, to the Director of Central

Intelligence as head of the intelligence community shall be deemed

to be a reference to the Director of National Intelligence.

(b) HEAD OF CENTRAL INTELLIGENCE AGENCY.—(1) During the

period beginning on the date of the enactment of this Act and

ending on the date of the appointment of the Director of the Central

Intelligence Agency under section 104A of the National Security

Act of 1947, as amended by section 1011(a) of the National Security

Intelligence Reform Act of 2004, the Director of Central Intelligence

Effective date.

Termination

date.

Effective date.

Termination

date.

50 USC 401 note.

50 USC 401 note.

22 USC 2656f

note.

22 USC 2656f

note.

PUBLIC LAW 108–487—DEC. 23, 2004 118 STAT. 3963

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.

Æ

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.