108TH CONGRESS

2D SESSION H. R. 4548

AN ACT

To authorize appropriations for fiscal year 2005 for

tem, and for other purposes.ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Communityintelligence and intelligence-related activities of

108TH CONGRESS

2D SESSION H. R. 4548

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Intelligence Authorization Act for Fiscal Year 2005’’.

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

7 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.
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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.

1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 2005 for the conduct of the intelligence and

6 intelligence-related activities of the following elements of

7 the United States Government:

8 (1) The Central Intelligence Agency.

9 (2) The Department of Defense.

10 (3) The Defense Intelligence Agency.
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1 (4) The National Security Agency.

2 (5) The Department of the Army, the Depart3 ment of the Navy, and the Department of the Air

4 Force.

5 (6) The Department of State.

6 (7) The Department of the Treasury.

7 (8) The Department of Energy.

8 (9) The Department of Justice.

9 (10) The Federal Bureau of Investigation.

10 (11) The National Reconnaissance Office.

11 (12) The National Geospatial-Intelligence Agen12 cy.

13 (13) The Coast Guard.

14 (14) The Department of Homeland Security.

15 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

16 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

17 CEILINGS.—The amounts authorized to be appropriated

18 under section 101, and the authorized personnel ceilings

19 as of September 30, 2005, for the conduct of the intel20 ligence and intelligence-related activities of the elements

21 listed in such section, are those specified in the classified

22 Schedule of Authorizations prepared to accompany the bill

23 H.R. 4548 of the One Hundred Eighth Congress.

24 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU25 THORIZATIONS.—The Schedule of Authorizations shall be
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1 made available to the Committees on Appropriations of

2 the Senate and House of Representatives and to the Presi3 dent. The President shall provide for suitable distribution

4 of the Schedule, or of appropriate portions of the Sched5 ule, within the executive branch.

6 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

7 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap8 proval of the Director of the Office of Management and

9 Budget, the Director of Central Intelligence may authorize

10 employment of civilian personnel in excess of the number

11 authorized for fiscal year 2005 under section 102 when

12 the Director of Central Intelligence determines that such

13 action is necessary to the performance of important intel14 ligence functions.

15 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

16 Director of Central Intelligence shall notify promptly the

17 Permanent Select Committee on Intelligence of the House

18 of Representatives and the Select Committee on Intel19 ligence of the Senate whenever the Director exercises the

20 authority granted by this section.

21 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC22 COUNT.

23 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated for the Intelligence Commu25 nity Management Account of the Director of Central Intel-
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1 ligence for fiscal year 2005 the sum of $318,395,000.

2 Within such amount, funds identified in the classified

3 Schedule of Authorizations referred to in section 102(a)

4 for advanced research and development shall remain avail5 able until September 30, 2006.

6 (b) AUTHORIZED PERSONNEL LEVELS.—The ele7 ments within the Intelligence Community Management

8 Account of the Director of Central Intelligence are author9 ized 310 full-time personnel as of September 30, 2005.

10 Personnel serving in such elements may be permanent em11 ployees of the Intelligence Community Management Ac12 count or personnel detailed from other elements of the

13 United States Government.

14 (c) CLASSIFIED AUTHORIZATIONS.—

15 (1) AUTHORIZATION OF APPROPRIATIONS.—In

16 addition to amounts authorized to be appropriated

17 for the Intelligence Community Management Ac18 count by subsection (a), there are also authorized to

19 be appropriated for the Intelligence Community

20 Management Account for fiscal year 2005 such addi21 tional amounts as are specified in the classified

22 Schedule of Authorizations referred to in section

23 102(a). Such additional amounts for research and

24 development shall remain available until September

25 30, 2006.
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1 (2) AUTHORIZATION OF PERSONNEL.—In addi2 tion to the personnel authorized by subsection (b)

3 for elements of the Intelligence Community Manage4 ment Account as of September 30, 2005, there are

5 also authorized such additional personnel for such

6 elements as of that date as are specified in the clas7 sified Schedule of Authorizations.

8 (d) REIMBURSEMENT.—Except as provided in section

9 113 of the National Security Act of 1947 (50 U.S.C.

10 404h), during fiscal year 2005 any officer or employee of

11 the United States or a member of the Armed Forces who

12 is detailed to the staff of the Intelligence Community Man13 agement Account from another element of the United

14 States Government shall be detailed on a reimbursable

15 basis, except that any such officer, employee, or member

16 may be detailed on a nonreimbursable basis for a period

17 of less than one year for the performance of temporary

18 functions as required by the Director of Central Intel19 ligence.

20 (e) NATIONAL DRUG INTELLIGENCE CENTER.—

21 (1) IN GENERAL.—Of the amount authorized to

22 be appropriated in subsection (a), $37,811,000 shall

23 be available for the National Drug Intelligence Cen24 ter. Within such amount, funds provided for re25 search, development, testing, and evaluation pur-
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1 poses shall remain available until September 30,

2 2006, and funds provided for procurement purposes

3 shall remain available until September 30, 2007.

4 (2) TRANSFER OF FUNDS.—The Director of

5 Central Intelligence shall transfer to the Attorney

6 General funds available for the National Drug Intel7 ligence Center under paragraph (1). The Attorney

8 General shall utilize funds so transferred for the ac9 tivities of the National Drug Intelligence Center.

10 (3) LIMITATION.—Amounts available for the

11 National Drug Intelligence Center may not be used

12 in contravention of the provisions of section

13 103(d)(1) of the National Security Act of 1947 (50

14 U.S.C. 403–3(d)(1)).

15 (4) AUTHORITY.—Notwithstanding any other

16 provision of law, the Attorney General shall retain

17 full authority over the operations of the National

18 Drug Intelligence Center.
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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

6 There is authorized to be appropriated for the Cen7 tral Intelligence Agency Retirement and Disability Fund

8 for fiscal year 2005 the sum of $239,400,000.

9 TITLE III—GENERAL

10 PROVISIONS

11 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

12 BENEFITS AUTHORIZED BY LAW.

13 Appropriations authorized by this Act for salary, pay,

14 retirement, and other benefits for Federal employees may

15 be increased by such additional or supplemental amounts

16 as may be necessary for increases in such compensation

17 or benefits authorized by law.

18 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

19 ACTIVITIES.

20 The authorization of appropriations by this Act shall

21 not be deemed to constitute authority for the conduct of

22 any intelligence activity which is not otherwise authorized

23 by the Constitution or the laws of the United States.
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1 SEC. 303. ASSISTANT DIRECTOR OF CENTRAL INTEL2 LIGENCE FOR INFORMATION MANAGEMENT.

3 (a) ESTABLISHMENT OF POSITION WITHIN THE OF4 FICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE.—

5 Subsection (e)(2) of section 102 of the National Security

6 Act of 1947 (50 U.S.C. 403) is amended—

7 (1) by striking subparagraph (G); and

8 (2) by inserting after subparagraph (F) the fol9 lowing new subparagraph (G):

10 ‘‘(G) The Assistant Director of Central Intel11 ligence for Information Management.’’.

12 (b) DUTIES.—Section 102 of such Act (50 U.S.C.

13 403) is amended—

14 (1) by striking subsection (h); and

15 (2) by inserting after subsection (g) the fol16 lowing new subsection (h):

17 ‘‘(h) ASSISTANT DIRECTOR OF CENTRAL INTEL18 LIGENCE FOR INFORMATION MANAGEMENT.—(1) To as19 sist the Director of Central Intelligence in carrying out

20 the Director’s responsibilities under this Act, there shall

21 be an Assistant Director of Central Intelligence for Infor22 mation Management who shall be appointed by the Presi23 dent, by and with the advice and consent of the Senate.

24 The Assistant Director of Central Intelligence for Infor25 mation Management is the chief information officer of the

26 intelligence community.
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1 ‘‘(2) Subject to the direction of the Director of Cen2 tral Intelligence, the Assistant Director of Central Intel3 ligence for Information Management shall—

4 ‘‘(A) manage activities relating to the informa5 tion technology infrastructure and enterprise archi6 tecture requirements of the intelligence community;

7 ‘‘(B) have procurement approval authority over

8 all information technology items related to the enter9 prise architectures of all intelligence community

10 components;

11 ‘‘(C) direct and manage all information tech12 nology-related procurement for the intelligence com13 munity; and

14 ‘‘(D) ensure that all expenditures for informa15 tion technology and research and development activi16 ties are consistent with the intelligence community

17 enterprise architecture and the strategy of the Di18 rector of Central Intelligence for such architecture.

19 ‘‘(3) An individual serving in the position of Assistant

20 Director of Central Intelligence for Information Manage21 ment may not, while so serving, serve as the chief informa22 tion officer of any other agency or department, or compo23 nent thereof, of the United States.’’.

24 (c) REFERENCES.—Any reference to the Assistant

25 Director of Central Intelligence for Administration in any
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1 law, regulation, document, paper, or other record of the

2 United States shall be deemed to be a reference to the

3 Assistant Director of Central Intelligence for Information

4 Management.

5 SEC. 304. REPORTS ON PAKISTANI EFFORTS TO CURB PRO6 LIFERATION OF WEAPONS OF MASS DE7 STRUCTION AND TO FIGHT TERRORISM.

8 (a) IN GENERAL.—The Director of Central Intel9 ligence shall submit to the appropriate committees of Con10 gress classified reports on the following matters:

11 (1) The efforts by the Government of Pakistan,

12 or individuals or entities in Pakistan, to acquire or

13 transfer weapons of mass destruction and related

14 technologies, or missile equipment and technology, to

15 any other nation, entity, or individual.

16 (2) The steps taken by the Government of

17 Pakistan to combat proliferation of weapons of mass

18 destruction and related technologies.

19 (3) The steps taken by the Government of

20 Pakistan to safeguard nuclear weapons and related

21 technologies in the possession of the Government of

22 Pakistan.

23 (4) The size of the stockpile of fissile material

24 of the Government of Pakistan and whether any ad25 ditional fissile material has been produced.
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1 (5) The efforts by the Government of Pakistan

2 to fight Al Qaeda and the Taliban as well as to dis3 mantle terrorist networks operating inside of Paki4 stan.

5 (6) The efforts by the Government of Pakistan

6 to establish and strengthen democratic institutions

7 in Pakistan.

8 (b) DEADLINE FOR SUBMITTAL OF REPORTS.—(1)

9 The Director of Central Intelligence shall submit the first

10 report required under subsection (a) not later than 90

11 days after the date of the enactment of this Act.

12 (2) The Director shall submit subsequent reports re13 quired under subsection (a) on April 1 of 2005, 2006,

14 2007, 2008, and 2009.

15 (c) DEFINITIONS.—In this section:

16 (1) APPROPRIATE COMMITTEES OF CON17 GRESS.—The term ‘‘appropriate committees of Con18 gress’’ means the following:

19 (A) The Committee on Appropriations, the

20 Committee on Armed Services, the Select Com21 mittee on Intelligence, and the Committee on

22 Foreign Relations of the Senate.

23 (B) The Committee on Appropriations, the

24 Committee on Armed Services, the Permanent

25 Select Committee on Intelligence, and the Com-
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1 mittee on International Relations of the House

2 of Representatives.

3 (2) WEAPONS OF MASS DESTRUCTION.—The

4 term ‘‘weapons of mass destruction’’ has the mean5 ing given such term in section 1403(1) of the De6 fense Against Weapons of Mass Destruction Act of

7 1996. (Public Law 104–201).

8 (3) MISSILE EQUIPMENT AND TECHNOLOGY.—

9 The term ‘‘missile equipment and technology’’ has

10 the meaning given such term in section 74(a)(5) of

11 the Arms Export Control Act (22 U.S.C.

12 2797c(a)(5)).

13 SEC. 305. SENSE OF CONGRESS ON THE DISMANTLING AND

14 REMOVAL OF LIBYA’S WEAPONS OF MASS DE15 STRUCTION.

16 (a) FINDINGS.—The Congress finds the following:

17 (1) Libya has been listed as a state sponsor of

18 terrorism by the Department of State each year

19 since 1979.

20 (2) A German court found the Libyan Govern21 ment guilty of the East Berlin La Belle disco bomb22 ing of 1986, in which two US servicemen were

23 killed.
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1 (3) A Scottish court in January 2001 found a

2 former Libyan official guilty of the 1988 bombing of

3 Pan Am Flight 103.

4 (4) Libya received and deserved world’s con5 demnations for these horrific acts against innocents.

6 (5) As a result of Libya’s support for inter7 national terrorism and its destabilizing role in the

8 international community, the United States main9 tained a comprehensive economic embargo on Libya

10 for more than two decades, which was aided by mul11 tilateral sanctions imposed by United Nations Secu12 rity Council Resolutions 731 and 742 in 1992, and

13 which together hobbled the development of the Liby14 an economy.

15 (6) In March 2003, while Coalition Forces were

16 preparing to liberate Iraq, Libya once again quietly

17 approached members of the intelligence services of

18 the United States and United Kingdom and indicted

19 a willingness to discuss Libya’s weapons of mass de20 struction programs, as it had previously in the

21 1990’s.

22 (7) On December 19, 2003, after nine months

23 of intense negotiations, Libya publicly announced

24 that it was prepared to eliminate all elements of its

25 clandestine nuclear and chemical weapons programs.
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1 (8) The United States, the United Kingdom,

2 partners in the Proliferation Security Initiative and

3 key arms control agencies, including the Inter4 national Atomic Energy Agency (IAEA) and the Or5 ganization for the Prohibition of Chemical Weapons

6 (OPCW), have worked in a multilateral and con7 certed fashion with Libya in an effort to completely

8 dismantle Libya’s weapons of mass destruction pro9 grams and the means to deliver them.

10 (9) Because of the hard work by the men and

11 women of the intelligence community, United States

12 policymakers were able to work successfully to con13 vince Libya to relinquish its WMD programs.

14 (10) On January 27, 2004, a cargo plane flew

15 from Libya to Knoxville, Tennessee, carrying 55,000

16 pounds of equipment and documents relating to

17 Libya’s nuclear weapons and missile programs.

18 (11) Documents relating to those programs in19 dicate that Libya had purchased a virtual ‘‘turnkey

20 facility’’ to produce parts for gas centrifuges to21 gether with assistance to assemble and test these

22 centrifuges, and was otherwise attempting to develop

23 a large uranium enrichment plant which could have

24 produced enough fuel for several nuclear bombs a

25 year.
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1 (12) On January 24, 2004, Libya announced

2 that it would accede to the Chemical Weapons Con3 vention (CWC).

4 (13) On March 4, 2004, Libya submitted its

5 Chemical Weapons Convention declaration, including

6 a full declaration of its chemical weapons, an inven7 tory of its production capacity, a description of any

8 industrial activity that could be involved in making

9 illegal weapons, and a plan for destroying any

10 banned materials.

11 (14) All of Libya’s known chemical munitions

12 have since been destroyed and the country’s stocks

13 of mustard gas have been consolidated within a sin14 gle secure facility under the supervision of the

15 OPCW.

16 (15) On May 6, 2004, a cargo ship departed

17 Libya for the United States carrying an additional

18 1,000 tons of weapons of mass destruction equip19 ment, including centrifuge parts and components

20 needed to enrich uranium, the Libyan uranium con21 version facility and all associated equipment, five

22 SCUD-C missiles and launchers, and two partial

23 missiles.

24 (16) In testimony before the Committee on

25 International Relations of the House of Representa-
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1 tives on May 10, 2004, Assistant Secretary of State

2 for Verification and Compliance, Paula DeSutter, in3 dicated that Libya had signed the additional protocol

4 for the IAEA in Vienna and announced ‘‘the com5 plete dismantlement of Libya’s longest range and

6 most sophisticated missiles and the elimination of all

7 of Libya’s declared chemical munitions’’.

8 (17) International inspectors and monitors are

9 expected to remain on the ground with full coopera10 tion from Libya to ensure that Libya possesses no

11 biological weapons programs and that its weapons of

12 mass destruction programs have been fully disman13 tled and or converted to civilian use.

14 (18) The United States and Libya currently are

15 engaged in talks to enter a third phase of negotia16 tions focused on follow-up, verification, and long17 term monitoring to ensure that Libya’s weapons of

18 mass destruction programs and the means to deliver

19 them have been completely dismantled, as well as

20 plans for the retraining of Libyan scientists and

21 technicians for peaceful work.

22 (19) Libya’s cooperation with international in23 spectors and revelations about procurement net24 works have helped identify numerous black market

25 suppliers in an ‘‘international supermarket’’ for nu-
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1 clear parts and weapons designs that also has aided

2 such countries as Iran, Syria, and North Korea.

3 (20) Other countries voluntarily have disman4 tled their weapons of mass destruction programs,

5 but Libya is the first and only country on the De6 partment of State’s list of State Sponsors of Ter7 rorism to do so.

8 (21) Libya’s decision to shed it pariah status

9 and divest itself of its weapons of mass destruction

10 programs can be directly attributed to decades of

11 United States and multilateral economic sanctions

12 against Libya, the demonstrated resolve of the

13 United States in the global war against terrorism,

14 the liberation of Iraq by United States Armed

15 Forces and Coalition Forces, and the adoption of

16 policies in targeting and seizing shipments of such

17 weapons.

18 (22) It is appropriate to pursue a policy of cau19 tious and deliberate re-engagement with Libya based

20 upon verifiable results, but the United States should

21 not restore full diplomatic relations with Libya un22 less and until Libya has—

23 (A) agreed and submitted to comprehen24 sive monitoring of the full dismantling of its

25 weapons of mass destruction programs;
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1 (B) severed all links to and support for

2 acts of international terrorism;

3 (C) ceased all support for insurgency

4 groups which have destabilized countries in Af5 rica;

6 (D) demonstrated respect for human rights

7 and the rule of law;

8 (E) implemented its pledge to cooperate in

9 the further investigation of the destruction of

10 Pan Am Flight 103; and

11 (F) settled all legal claims relating to past

12 acts of international terrorism, including but

13 not limited to the bombings of Pan Am Flight

14 103 and the La Belle Discotheque.

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that—

17 (1) the world has been made safer with the dis18 mantling and removal of Libya’s weapons of mass

19 destruction and the means to deliver them;

20 (2) this would not have been possible if not for

21 decades of United States and multilateral sanctions

22 against Libya, the demonstrated resolve of the

23 United States in the global war on terror, and in the

24 liberation of Iraq by United States and Coalition

25 Forces;
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1 (3) the President and previous Administrations

2 should be commended for having the courage to un3 dertake those policies which persuaded Libya to

4 agree to relinquish such weapons; and

5 (4) other countries such as Iran, Syria, and

6 North Korea, should follow Libya’s example, and

7 voluntarily dismantle their weapons of mass destruc8 tion and submit their programs to international in9 spections.

10 SEC. 306. SENSE OF CONGRESS THAT THE APPREHENSION,

11 DETENTION, AND INTERROGATION OF TER12 RORISTS ARE FUNDAMENTAL TO THE SUC13 CESSFUL PROSECUTION OF THE GLOBAL

14 WAR ON TERROR.

15 (a) FINDINGS.—The Congress finds the following:

16 (1) Throughout the 1980s and 1990s, the peo17 ple of the United States were too often brutalized

18 again and again by deadly terrorist violence, as evi19 denced by the hundreds of American deaths in the

20 Beirut and Lockerbie bombings, the attack on the

21 World Trade Center in 1993, the destruction of the

22 Khobar Towers military barracks, the bombing of

23 the American embassies in Kenya and Tanzania,

24 and the vicious attacks on the USS Cole in 2000.
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1 (2) The terrorist violence targeted against the

2 United States became more emboldened after each

3 attack, culminating in the deadly attacks on the

4 World Trade Center and the Pentagon on Sep5 tember 11, 2001, which killed thousands of innocent

6 Americans, including innocent women and children.

7 (3) Since September 11, 2001, the citizens of

8 the United States have remained the priority target

9 of terrorist violence, with journalists and employees

10 of non-governmental organizations being held hos11 tage, tortured, and decapitated in the name of ter12 ror.

13 (4) Congress has authorized the President to

14 use all necessary and appropriate means to defeat

15 terrorism ; and on numerous occasions since Sep16 tember 11, 2001, and throughout the Global War on

17 Terror, the interrogation of detainees has yielded

18 valuable intelligence that has saved the lives of

19 American military personnel and American citizens

20 at home and abroad.

21 (5) The interrogation of detainees has also pro22 vided highly valuable insights into the structure of

23 terrorist organizations, their target selection process,

24 and the identities of key operational and logistical
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1 personnel that were previously unknown to the Intel2 ligence Community.

3 (6) The lawful interrogation of detainees is con4 sistent with the United States Constitution.

5 (7) The abuses against detainees documented at

6 Abu Ghraib prison in Iraq were deplorable aberra7 tions that were not part of United States policy and

8 were not in keeping with the finest traditions of the

9 United States military and the honorable men and

10 women who serve.

11 (8) The loss of interrogation-derived informa12 tion would have a disastrous effect on the Nation’s

13 intelligence collection and counterterrorism efforts

14 and would constitute a damaging reversal in the

15 Global War on Terror during this critical time.

16 (9) The apprehension, detention, and interroga17 tion of terrorists are essential elements to success18 fully waging the Global War on Terror.

19 (10) The interrogation of detainees can and

20 should continue by the United States within the

21 bounds of the United States Constitution and the

22 laws of the United States of America.

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that the apprehension, detention, and interrogation
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1 of terrorists are fundamental to the successful prosecution

2 of the Global War on Terror.

3 SEC. 307. SENSE OF CONGRESS ON SUPPORT FOR THE EF4 FORTS OF THE INTELLIGENCE COMMUNITY.

5 (a) FINDINGS.—The Congress finds the following:

6 (1) The men and women of the intelligence

7 community are the backbone of the Nation’s efforts

8 to gather and collect the intelligence which is vital

9 to the national security of the United States.

10 (2) The men and women of the intelligence

11 community are great patriots who perform their jobs

12 without fan fair and all too often without receiving

13 the proper credit.

14 (3) The men and women of the intelligence

15 community are combating vastly different threats to

16 the Nation’s security compared to their Cold War

17 colleagues.

18 (4) Threats to the United States have evolved

19 through the use of technology and non-state actions,

20 demanding alternatives to traditional diplomatic ac21 tions.

22 (5) The 1995 ‘‘Deutch Guidelines’’ regarding

23 the recruitment of foreign assets impeded human in24 telligence collection efforts and contributed to the

25 creation of a risk averse environment. Despite re-
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1 peated efforts by the intelligence oversight commit2 tees of Congress to convince the Director of Central

3 Intelligence to drop the guidelines, these guidelines

4 stood until formally repealed in 2001 by an Act of

5 Congress.

6 (6) The President’s budget request for the in7 telligence community fell by 11 percent from 1993

8 to 1995.

9 (7) Congress cut the President’s budget request

10 for the intelligence community each year from 1992

11 through 1994.

12 (8) The cutbacks in resources and political sup13 port during the middle of the previous decade has

14 caused nearly irreversible damage.

15 (9) Widespread risk aversion in clandestine

16 HUMINT collection and intelligence analysis re17 sulted from lack of resources and, more importantly,

18 of political support for the mission during the middle

19 of the previous decade.

20 (10) Unnecessarily cumbersome legal impedi21 ments to the clandestine HUMINT collection mis22 sion were raised during the middle of the previous

23 decade, leaving our intelligence officers unable to

24 penetrate legitimate target organizations, such as

25 terrorist groups.
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1 (11) Congress and the current President have

2 worked cooperatively to restore funding, personnel

3 levels, and political support for intelligence.

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that—

6 (1) the intelligence community should be revi7 talized by investing in the missions, people, and ca8 pabilities of the community; and

9 (2) the efforts of the men and women of the in10 telligence community should be recognized and com11 mended.

12 SEC. 308. SENSE OF CONGRESS.

13 It is the Sense of Congress that the head of each ele14 ment of the intelligence community, including the Central

15 Intelligence Agency, the Federal Bureau of Investigation,

16 and the intelligence elements of the Department of De17 fense, the Department of State, and the Department of

18 the Treasury should make available upon a request from

19 a committee of Congress with jurisdiction over matters re20 lating to the Office of the Iraq Oil-for-Food Program of

21 the United Nations, any information and documents in the

22 possession or control of such element in connection with

23 any investigation of that Office by such a committee.
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1 SEC. 309. INSPECTOR GENERAL REPORT ON EVIDENCE OF

2 RELATIONSHIP BETWEEN SADDAM HUSSEIN

3 AND AL-QAEDA.

4 (a) AUDIT.—The Inspector General of the Central

5 Intelligence Agency shall conduct an audit of the evidence

6 of any relationship, existing before September 11, 2001,

7 between the regime of Saddam Hussein and al-Qaeda, ref8 erenced in all intelligence reporting of the Central Intel9 ligence Agency, including products, briefings and memo10 randa, distributed to the White House and Congress.

11 (b) REPORT TO CONGRESS.—Not later than one year

12 after the date of the enactment of this Act, the Inspector

13 General shall submit to Congress a report on the audit

14 conducted under subsection (a).

15 SEC. 310. REPORT ON USE OF OPEN SOURCE INTEL16 LIGENCE.

17 Not later than 6 months after the date of the enact18 ment of this Act, the Director of Central Intelligence shall

19 submit to Congress an unclassified report on progress

20 made by the intelligence community with respect to the

21 use of Open Source Intelligence (OSINT).
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1 TITLE IV—CENTRAL

2 INTELLIGENCE AGENCY

3 SEC. 401. PERMANENT EXTENSION OF CENTRAL INTEL4 LIGENCE AGENCY VOLUNTARY SEPARATION

5 INCENTIVE PROGRAM.

6 (a) EXTENSION OF PROGRAM.—Section 2 of the Cen7 tral Intelligence Agency Voluntary Separation Pay Act (50

8 U.S.C. 403–4 note) is amended—

9 (1) by striking subsection (f); and

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

11 subsections (f) and (g), respectively.

12 (b) TERMINATION OF FUNDS REMITTANCE RE13 QUIREMENT.—(1) Section 2 of such Act (50 U.S.C. 403–

14 4 note) is further amended by striking subsection (i).

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

16 Restructuring Act of 1994 (5 U.S.C. 8331 note) is amend17 ed by striking ‘‘, or section 2 of the Central Intelligence

18 Agency Voluntary Separation Pay Act (Public Law 103–

19 36; 107 Stat. 104)’’.
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1 TITLE V—DEPARTMENT OF DE2 FENSE INTELLIGENCE AC3 TIVITIES

4 SEC. 501. NATIONAL SECURITY AGENCY EMERGING TECH5 NOLOGIES PANEL.

6 The National Security Agency Act of 1959 (50

7 U.S.C. 402 note) is amended by adding at the end the

8 following new section:

9 ‘‘SEC. 19. (a) There is established the National Secu10 rity Agency Emerging Technologies Panel. The panel is

11 a standing panel of the National Security Agency. The

12 panel shall be appointed by, and shall report directly to,

13 the Director.

14 ‘‘(b) The National Security Agency Emerging Tech15 nologies Panel shall study and assess, and periodically ad16 vise the Director on, the research, development, and appli17 cation of existing and emerging science and technology ad18 vances, advances on encryption, and other topics.

19 ‘‘(c) The Federal Advisory Committee Act (5 U.S.C.

20 App.) shall not apply with respect to the National Security

21 Agency Emerging Technologies Panel.’’.
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1 TITLE VI—EDUCATION

2 Subtitle A—National Security

3 Education Program

4 SEC. 601. PROVISION FOR ANNUAL FUNDING.

5 (a) IN GENERAL.—Title VIII of the Intelligence Au6 thorization Act for Fiscal Year 1992 (Public Law 102–

7 183; 105 Stat. 1271), as amended by section 311(c) of

8 the Intelligence Authorization Act for Fiscal Year 1994

9 (Public Law 103–178; 107 Stat. 2037), is amended by

10 adding at the end of section 810 the following new sub11 section:

12 ‘‘(c) FUNDING FROM INTELLIGENCE COMMUNITY

13 MANAGEMENT ACCOUNT FOR FISCAL YEARS BEGINNING

14 WITH FISCAL YEAR 2005.—In addition to amounts that

15 may be made available to the Secretary under the Fund

16 for a fiscal year, the Director of Central Intelligence shall

17 transfer to the Secretary from amounts appropriated for

18 the Intelligence Community Management Account for each

19 fiscal year, beginning with fiscal year 2005, $8,000,000,

20 to carry out the scholarship, fellowship, and grant pro21 grams under subparagraphs (A), (B), and (C), respec22 tively, of section 802(a)(1).’’.

23 (b) CONFORMING AMENDMENT.—Section 802(a)(2)

24 of such Act (50 U.S.C. 1902(a)(2)) is amended in the

25 matter preceding subparagraph (A) by inserting ‘‘or from
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1 a transfer under section 810(c)’’ after ‘‘National Security

2 Education Trust Fund’’.

3 SEC. 602. MODIFICATION OF OBLIGATED SERVICE RE4 QUIREMENTS UNDER THE NATIONAL SECU5 RITY EDUCATION PROGRAM.

6 (a) IN GENERAL.—Subsection (b)(2) of section 802

7 of title VIII of the Intelligence Authorization Act for Fis8 cal Year 1992 (Public Law 102–183; 105 Stat. 1273), as

9 amended by section 925(a) of the National Defense Au10 thorization Act for Fiscal Year 2004 (Public Law 108–

11 136; 117 Stat. 1578), is amended by striking subpara12 graphs (A) and (B), and inserting the following:

13 ‘‘(A) in the case of a recipient of a scholar14 ship, as soon as practicable but in no case later

15 than three years after the completion by the re16 cipient of the study for which scholarship as17 sistance was provided under the program, the

18 recipient shall work for a period of one year—

19 ‘‘(i) in a national security position

20 that the Secretary certifies is appropriate

21 to use the unique language and region ex22 pertise acquired by the recipient pursuant

23 to such study in the Department of De24 fense, in any element of the intelligence

25 community, in the Department of Home-
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1 land Security, or in the Department of

2 State; or

3 ‘‘(ii) in such a position in any other

4 Federal department or agency not referred

5 to in clause (i) if the recipient dem6 onstrates to the Secretary that no position

7 is available in a Federal department or

8 agency specified in clause (i); or

9 ‘‘(B) in the case of a recipient of a fellow10 ship, as soon as practicable but in no case later

11 than two years after the completion by the re12 cipient of the study for which fellowship assist13 ance was provided under the program, the re14 cipient shall work for a period equal to the du15 ration of assistance provided under the pro16 gram, but in no case less than one year—

17 ‘‘(i) in a position described in sub18 paragraph (A)(i) that the Secretary cer19 tifies is appropriate to use the unique lan20 guage and region expertise acquired by the

21 recipient pursuant to such study; or

22 ‘‘(ii) in such a position in any other

23 Federal department or agency not referred

24 to in clause (i) if the recipient dem25 onstrates to the Secretary that no position
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1 is available in a Federal department or

2 agency specified in clause (i); and’’.

3 (b) REGULATIONS.—The Secretary of Defense shall

4 prescribe regulations to carry out the amendment made

5 by subsection (a). In prescribing such regulations, the Sec6 retary shall establish standards that recipients of scholar7 ship and fellowship assistance under the program under

8 such section 802 are required to demonstrate to satisfy

9 the requirement of a good faith effort to gain employment

10 as required under subparagraphs (A) and (B) of sub11 section (b)(2) of such section.

12 (c) APPLICABILITY.—(1) The amendment made by

13 subsection (a) shall apply with respect to service agree14 ments entered into under the David L. Boren National

15 Security Education Act of 1991 on or after the date of

16 the enactment of this Act.

17 (2) The amendment made by subsection (a) shall not

18 affect the force, validity, or terms of any service agreement

19 entered into under the David L. Boren National Security

20 Education Act of 1991 before the date of the enactment

21 of this Act that is in force as of that date.

22 SEC. 603. IMPROVEMENTS TO THE NATIONAL FLAGSHIP

23 LANGUAGE INITIATIVE.

24 (a) INCREASE IN ANNUAL FUNDING.—Title VIII of

25 the Intelligence Authorization Act for Fiscal Year 1992
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1 (Public Law 102–183; 105 Stat. 1271), as amended by

2 section 311(c) of the Intelligence Authorization Act for

3 Fiscal Year 1994 (Public Law 103–178; 107 Stat. 2037)

4 and by section 333(b) of the Intelligence Authorization

5 Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat.

6 2397), is amended by striking section 811 and inserting

7 the following new section 811:

8 ‘‘SEC. 811. FUNDING FOR THE NATIONAL FLAGSHIP LAN9 GUAGE INITIATIVE.

10 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS FOR FIS11 CAL YEARS 2003 and 2004.—In addition to amounts that

12 may be made available to the Secretary under the Fund

13 for a fiscal year, there is authorized to be appropriated

14 to the Secretary for each fiscal year, beginning with fiscal

15 year 2003, $10,000,000, to carry out the grant program

16 for the National Flagship Language Initiative under sec17 tion 802(a)(1)(D).

18 ‘‘(b) FUNDING FROM INTELLIGENCE COMMUNITY

19 MANAGEMENT ACCOUNT FOR FISCAL YEARS BEGINNING

20 WITH FISCAL YEAR 2005.—In addition to amounts that

21 may be made available to the Secretary under the Fund

22 for a fiscal year, the Director of Central Intelligence shall

23 transfer to the Secretary from amounts appropriated for

24 the Intelligence Community Management Account for each

25 fiscal year, beginning with fiscal year 2005, $12,000,000,
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1 to carry out the grant program for the National Flagship

2 Language Initiative under section 802(a)(1)(D).

3 ‘‘(c) AVAILABILITY OF APPROPRIATED FUNDS.—

4 Amounts made available under this section shall remain

5 available until expended.’’.

6 (b) REQUIREMENT FOR EMPLOYMENT AGREE7 MENTS.—(1) Section 802(i) of the David L. Boren Na8 tional Security Education Act of 1991 (50 U.S.C. 1902(i))

9 is amended by adding at the end the following new para10 graph:

11 ‘‘(5)(A) In the case of an undergraduate or graduate

12 student that participates in training in programs under

13 paragraph (1), the student shall enter into an agreement

14 described in subsection (b), other than such a student who

15 has entered into such an agreement pursuant to subpara16 graph (A)(ii) or (B)(ii) of section 802(a)(1).

17 ‘‘(B) In the case of an employee of an agency or de18 partment of the Federal Government that participates in

19 training in programs under paragraph (1), the employee

20 shall agree in writing—

21 ‘‘(i) to continue in the service of the agency or

22 department of the Federal Government employing

23 the employee for the period of such training;

24 ‘‘(ii) to continue in the service of such agency

25 or department employing the employee following
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1 completion of such training for a period of two years

2 for each year, or part of the year, of such training;

3 ‘‘(iii) to reimburse the United States for the

4 total cost of such training (excluding the employee’s

5 pay and allowances) provided to the employee if, be6 fore the completion by the employee of the training,

7 the employment of the employee by the agency or

8 department is terminated due to misconduct by the

9 employee or by the employee voluntarily; and

10 ‘‘(iv) to reimburse the United States if, after

11 completing such training, the employment of the em12 ployee by the agency or department is terminated ei13 ther by the agency or department due to misconduct

14 by the employee or by the employee voluntarily, be15 fore the completion by the employee of the period of

16 service required in clause (ii), in an amount that

17 bears the same ratio to the total cost of the training

18 (excluding the employee’s pay and allowances) pro19 vided to the employee as the unserved portion of

20 such period of service bears to the total period of

21 service under clause (ii).

22 ‘‘(C) Subject to subparagraph (D), the obligation to

23 reimburse the United States under an agreement under

24 subparagraph (A) is for all purposes a debt owing the

25 United States.
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1 ‘‘(D) The head of an element of the intelligence com2 munity may release an employee, in whole or in part, from

3 the obligation to reimburse the United States under an

4 agreement under subparagraph (A) when, in the discretion

5 of the head of the element, the head of the element deter6 mines that equity or the interests of the United States

7 so require.’’.

8 (2) The amendment made by paragraph (1) shall

9 apply to training that begins on or after the date that is

10 90 days after the date of the enactment of this Act.

11 (c) INCREASE IN THE NUMBER OF PARTICIPATING

12 EDUCATIONAL INSTITUTIONS.—The Secretary of Defense

13 shall take such steps as the Secretary determines will in14 crease the number of qualified educational institutions

15 that receive grants under the National Flagship Language

16 Initiative to establish, operate, or improve activities de17 signed to train students in programs in a range of dis18 ciplines to achieve advanced levels of proficiency in those

19 foreign languages that the Secretary identifies as being

20 the most critical in the interests of the national security

21 of the United States.

22 (d) CLARIFICATION OF AUTHORITY TO SUPPORT

23 STUDIES ABROAD.—Educational institutions that receive

24 grants under the National Flagship Language Initiative

25 may support students who pursue total immersion foreign
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1 language studies overseas of foreign languages that are

2 critical to the national security of the United States.

3 SEC. 604. ESTABLISHMENT OF SCHOLARSHIP PROGRAM

4 FOR ENGLISH LANGUAGE STUDIES FOR HER5 ITAGE COMMUNITY CITIZENS OF THE UNITED

6 STATES WITHIN THE NATIONAL SECURITY

7 EDUCATION PROGRAM.

8 (a) SCHOLARSHIP PROGRAM FOR ENGLISH LAN9 GUAGE STUDIES FOR HERITAGE COMMUNITY CITIZENS

10 OF THE UNITED STATES.—(1) Subsection (a)(1) of sec11 tion 802 of the David L. Boren National Security Edu12 cation Act of 1991 (50 U.S.C. 1902) is amended—

13 (A) by striking ‘‘and’’ at the end of subpara14 graph (C);

15 (B) by striking the period at the end of sub16 paragraph (D) and inserting ‘‘; and’’; and

17 (C) by adding at the end the following new sub18 paragraph:

19 ‘‘(E) awarding scholarships to students

20 who—

21 ‘‘(i) are United States citizens who—

22 ‘‘(I) are native speakers (com23 monly referred to as heritage commu24 nity residents) of a foreign language

25 that is identified as critical to the na-
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1 tional security interests of the United

2 States who should be actively re3 cruited for employment by Federal se4 curity agencies with a need for lin5 guists; and

6 ‘‘(II) are not proficient at a pro7 fessional level in the English language

8 with respect to reading, writing, and

9 interpersonal skills required to carry

10 out the national security interests of

11 the United States, as determined by

12 the Secretary,

13 to enable such students to pursue English

14 language studies at an institution of higher

15 education of the United States to attain

16 proficiency in those skills; and

17 ‘‘(ii) enter into an agreement to work

18 in a national security position or work in

19 the field of education in the area of study

20 for which the scholarship was awarded in

21 a similar manner (as determined by the

22 Secretary) as agreements entered into pur23 suant to subsection (b)(2)(A).’’.

24 (2) The matter following subsection (a)(2) of such

25 section is amended—
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1 (A) in the first sentence, by inserting ‘‘or for

2 the scholarship program under paragraph (1)(E)’’

3 after ‘‘under paragraph (1)(D) for the National

4 Flagship Language Initiative described in subsection

5 (i)’’; and

6 (B) by adding at the end the following: ‘‘For

7 the authorization of appropriations for the scholar8 ship program under paragraph (1)(E), see section

9 812.’’.

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

11 1903(d)(4)(E)) is amended by inserting before the period

12 the following: ‘‘and section 802(a)(1)(E) (relating to

13 scholarship programs for advanced English language stud14 ies by heritage community residents)’’.

15 (b) FUNDING.—The David L. Boren National Secu16 rity Education Act of 1991 (50 U.S.C. 1901 et seq.) is

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

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

19 CERTAIN HERITAGE COMMUNITY RESIDENTS.

20 ‘‘(a) FUNDING FROM INTELLIGENCE COMMUNITY

21 MANAGEMENT ACCOUNT.—In addition to amounts that

22 may be made available to the Secretary under the Fund

23 for a fiscal year, the Director of Central Intelligence shall

24 transfer to the Secretary from amounts appropriated for

25 the Intelligence Community Management Account for each
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1 fiscal year, beginning with fiscal year 2005, $4,000,000,

2 to carry out the scholarship programs for English lan3 guage studies by certain heritage community residents

4 under section 802(a)(1)(E).

5 ‘‘(b) AVAILABILITY OF FUNDS.—Amounts made

6 available under subsection (a) shall remain available until

7 expended.’’.

8 Subtitle B—Improvement in Intel9 ligence Community Foreign

10 Language Skills

11 SEC. 611. ASSISTANT DIRECTOR OF CENTRAL INTEL12 LIGENCE FOR LANGUAGE AND EDUCATION.

13 (a) IN GENERAL.—Section 102 of the National Secu14 rity Act of 1947 (50 U.S.C. 403) is amended—

15 (1) by adding at the end the following new sub16 section:

17 ‘‘(i) ASSISTANT DIRECTOR OF CENTRAL INTEL18 LIGENCE FOR LANGUAGE AND EDUCATION.—(1) To as19 sist the Director of Central Intelligence in carrying out

20 the Director’s responsibilities under this Act, there shall

21 be an Assistant Director of Central Intelligence for Lan22 guage and Education who shall be appointed by the Presi23 dent, by and with the advice and consent of the Senate.
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1 ‘‘(2) The Assistant Director of Central Intelligence

2 for Language and Education shall carry out the following

3 duties:

4 ‘‘(A) Overseeing and coordinating requirements

5 for foreign language education and training of the

6 intelligence community.

7 ‘‘(B) Establishing policy, standards, and prior8 ities relating to such requirements.

9 ‘‘(C) Identifying languages that are critical to

10 the capability of the intelligence community to carry

11 out national security activities of the United States.

12 ‘‘(D) Monitoring the allocation of resources for

13 foreign language education and training in order to

14 ensure the requirements of the intelligence commu15 nity with respect to foreign language proficiency are

16 met.’’;

17 (2) in subsection (d)(2) by adding at the end

18 the following:

19 ‘‘(E) Through the Assistant Director of Central

20 Intelligence for Language and Education, ensuring

21 the foreign language education and training require22 ments of the intelligence community are met.’’; and

23 (3) in subsection (e)(2)—

24 (A) by redesignating subparagraph (H) as

25 subparagraph (I); and
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1 (B) by inserting after subparagraph (G)

2 the following new subparagraph (H):

3 ‘‘(H) The Assistant Director of Central Intel4 ligence for Education and Language.’’.

5 (b) REPORTS.—Not later than 1 year after the date

6 on which the Assistant Director of Central Intelligence for

7 Language and Education is first appointed under section

8 102(i) of the National Security Act of 1947, as added by

9 subsection (a), the Assistant Director shall submit to Con10 gress the following reports:

11 (1) A report that identifies—

12 (A) skills and processes involved in learn13 ing a foreign language; and

14 (B) characteristics and teaching techniques

15 that are most effective in teaching foreign lan16 guages.

17 (2)(A) A report that identifies foreign language

18 heritage communities, particularly such communities

19 that include speakers of languages that are critical

20 to the national security of the United States.

21 (B) For purposes of subparagraph (A), the

22 term ‘‘foreign language heritage community’’ means

23 a community of residents or citizens of the United

24 States—
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1 (i) who are native speakers of, or who have

2 fluency in, a foreign language; and

3 (ii) who should be actively recruited for

4 employment by Federal security agencies with a

5 need for linguists.

6 (3) A report on—

7 (A) the estimated cost of establishing a

8 program under which the heads of elements of

9 the intelligence community agree to repay em10 ployees of the intelligence community for any

11 student loan taken out by that employee for the

12 study of foreign languages critical for the na13 tional security of the United States; and

14 (B) the effectiveness of such a program in

15 recruiting and retaining highly qualified per16 sonnel in the intelligence community.

17 SEC. 612. REQUIREMENT FOR FOREIGN LANGUAGE PRO18 FICIENCY FOR ADVANCEMENT TO CERTAIN

19 SENIOR LEVEL POSITIONS IN THE INTEL20 LIGENCE COMMUNITY.

21 (a) IN GENERAL.—Section 104 of the National Secu22 rity Act of 1947 (50 U.S.C. 403–4) is amended by adding

23 at the end the following new subsection:

24 ‘‘(i) REQUIREMENT FOR FOREIGN LANGUAGE PRO25 FICIENCY FOR CERTAIN SENIOR LEVEL POSITIONS IN
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1 THE CENTRAL INTELLIGENCE AGENCY.—(1) An indi2 vidual may not be appointed to a position in the Senior

3 Intelligence Service in the Directorate of Intelligence or

4 the Directorate of Operations of the Central Intelligence

5 Agency unless the Director of Central Intelligence deter6 mines that the individual—

7 ‘‘(A) has been certified as having a professional

8 speaking and reading proficiency in a foreign lan9 guage, such proficiency being at least level 3 on the

10 Interagency Language Roundtable Language Skills

11 Level or commensurate proficiency level on such

12 other indicator of proficiency as the Director deter13 mines to be appropriate; and

14 ‘‘(B) is able to effectively communicate the pri15 orities of the United States and exercise influence in

16 that foreign language.

17 ‘‘(2) The Director shall carry out this subsection

18 through the Assistant Director of Central Intelligence for

19 Language and Education.’’.

20 (b) CONFORMING AMENDMENT.—Subsection (i) of

21 section 102 of the National Security Act of 1947 (50

22 U.S.C. 403), as added by section 611(a), is amended in

23 paragraph (2) by adding at the end the following new sub24 paragraph:
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1 ‘‘(E) Making determinations under section

2 104(i).’’.

3 (c) EFFECTIVE DATE.—The amendments made by

4 this section shall apply with respect to appointments made

5 on or after the date that is one year after the date of

6 the enactment of this Act.

7 (d) REPORT ON EXCEPTIONS.—The Director of Cen8 tral Intelligence shall submit to Congress a report that

9 identifies positions within the Senior Intelligence Service

10 in the Directorate of Intelligence or the Directorate of Op11 erations of the Central Intelligence Agency that should be

12 exempt from the requirements of section 104(i) of the Na13 tional Security Act of 1947, as added by subsection (a),

14 and that includes the rationale for the exemption of each

15 such position identified by the Director.

16 SEC. 613. ADVANCEMENT OF FOREIGN LANGUAGES CRIT17 ICAL TO THE INTELLIGENCE COMMUNITY.

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

19 Act of 1947 (50 U.S.C.) is amended—

20 (1) by inserting before section 1001 (50 U.S.C.

21 441g) the following:

22 ‘‘Subtitle A—Science and

23 Technology’’;

24 and
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1 (2) by adding at the end the following new sub2 titles:

3 ‘‘Subtitle B—Foreign Languages

4 Program

5 ‘‘PROGRAM ON ADVANCEMENT OF FOREIGN LANGUAGES

6 CRITICAL TO THE INTELLIGENCE COMMUNITY

7 ‘‘SEC. 1011. (a) ESTABLISHMENT OF PROGRAM.—

8 The Secretary of Defense and the Director of Central In9 telligence may jointly establish a program to advance for10 eign languages skills in languages that are critical to the

11 capability of the intelligence community to carry out na12 tional security activities of the United States (hereinafter

13 in this subtitle referred to as the ‘Foreign Languages Pro14 gram’).

15 ‘‘(b) IDENTIFICATION OF REQUISITE ACTIONS.—In

16 order to carry out the Foreign Languages Program, the

17 Secretary of Defense and the Director of Central Intel18 ligence shall jointly determine actions required to improve

19 the education of personnel in the intelligence community

20 in foreign languages that are critical to the capability of

21 the intelligence community to carry out national security

22 activities of the United States to meet the long-term intel23 ligence needs of the United States.

24 ‘‘EDUCATION PARTNERSHIPS

25 ‘‘SEC. 1012. (a) IN GENERAL.—In carrying out the

26 Foreign Languages Program, the head of an element of
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1 an intelligence community entity may enter into one or

2 more education partnership agreements with educational

3 institutions in the United States in order to encourage and

4 enhance the study of foreign languages that are critical

5 to the capability of the intelligence community to carry

6 out national security activities of the United States in edu7 cational institutions.

8 ‘‘(b) ASSISTANCE PROVIDED UNDER EDUCATIONAL

9 PARTNERSHIP AGREEMENTS.—Under an educational

10 partnership agreement entered into with an educational

11 institution pursuant to this section, the head of an element

12 of an intelligence community entity may provide the fol13 lowing assistance to the educational institution:

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

15 materials of the element of the intelligence commu16 nity entity to the educational institution for any pur17 pose and duration that the head determines to be

18 appropriate.

19 ‘‘(2) Notwithstanding any other provision of

20 law relating to transfers of surplus property, the

21 transfer to the educational institution of any com22 puter equipment, or other equipment, that is—

23 ‘‘(A) commonly used by educational insti24 tutions;
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1 ‘‘(B) surplus to the needs of the entity;

2 and

3 ‘‘(C) determined by the head of the ele4 ment to be appropriate for support of such

5 agreement.

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

7 educational institution—

8 ‘‘(A) to teach courses in foreign languages

9 that are critical to the capability of the intel10 ligence community to carry out national secu11 rity activities of the United States; or

12 ‘‘(B) to assist in the development of such

13 courses and materials for the institution.

14 ‘‘(4) The involvement of faculty and students of

15 the educational institution in research projects of the

16 element of the intelligence community entity.

17 ‘‘(5) Cooperation with the educational institu18 tion in developing a program under which students

19 receive academic credit at the educational institution

20 for work on research projects of the element of the

21 intelligence community entity.

22 ‘‘(6) The provision of academic and career ad23 vice and assistance to students of the educational in24 stitution.
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1 ‘‘(7) The provision of cash awards and other

2 items that the head of the element of the intelligence

3 community entity determines to be appropriate.

4 ‘‘VOLUNTARY SERVICES

5 ‘‘SEC. 1013. (a) AUTHORITY TO ACCEPT SERV6 ICES.—Notwithstanding section 1342 of title 31, United

7 States Code, and subject to subsection (b), the Foreign

8 Languages Program under section 1011 shall include au9 thority for the head of an element of an intelligence com10 munity entity to accept from any individual who is dedi11 cated personnel (as defined in section 1016(3)) voluntary

12 services in support of the activities authorized by this sub13 title.

14 ‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) In ac15 cepting voluntary services from an individual under sub16 section (a), the head of the element shall—

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

18 as the head of the element would supervise a com19 pensated employee of that element providing similar

20 services; and

21 ‘‘(B) ensure that the individual is licensed, priv22 ileged, has appropriate educational or experiential

23 credentials, or is otherwise qualified under applicable

24 law or regulations to provide such services.
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1 ‘‘(2) In accepting voluntary services from an indi2 vidual under subsection (a), the head of an element of the

3 intelligence community entity may not—

4 ‘‘(A) place the individual in a policymaking po5 sition, or other position performing inherently gov6 ernment functions; or

7 ‘‘(B) except as provided in subsection (e), com8 pensate the individual for the provision of such serv9 ices.

10 ‘‘(c) AUTHORITY TO RECRUIT AND TRAIN INDIVID11 UALS PROVIDING SERVICES.—The head of an element of

12 an intelligence community entity may recruit and train in13 dividuals to provide voluntary services accepted under sub14 section (a).

15 ‘‘(d) STATUS OF INDIVIDUALS PROVIDING SERV16 ICES.—(1) Subject to paragraph (2), while providing vol17 untary services accepted under subsection (a) or receiving

18 training under subsection (c), an individual shall be con19 sidered to be an employee of the Federal Government only

20 for purposes of the following provisions of law:

21 ‘‘(A) Subchapter I of chapter 81 of title 5,

22 United States Code (relating to compensation for

23 work-related injuries).
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1 ‘‘(B) Section 552a of title 5, United States

2 Code (relating to maintenance of records on individ3 uals).

4 ‘‘(C) Chapter 11 of title 18, United States Code

5 (relating to conflicts of interest).

6 ‘‘(2)(A) With respect to voluntary services accepted

7 under paragraph (1) provided by an individual that are

8 within the scope of the services so accepted, the individual

9 is deemed to be a volunteer of a governmental entity or

10 nonprofit institution for purposes of the Volunteer Protec11 tion Act of 1997 (42 U.S.C. 14501 et seq.).

12 ‘‘(B) In the case of any claim against such an indi13 vidual with respect to the provision of such services, sec14 tion 4(d) of such Act (42 U.S.C. 14503(d)) shall not

15 apply.

16 ‘‘(3) Acceptance of voluntary services under this sec17 tion shall have no bearing on the issuance or renewal of

18 a security clearance.

19 ‘‘(e) COMPENSATION FOR WORK-RELATED INJU20 RIES.—For purposes of determining the compensation for

21 work-related injuries payable under chapter 81 of title 5,

22 United States Code, to an individual providing voluntary

23 services accepted under subsection (a), the monthly pay

24 of the individual for such services is deemed to be equal

25 to the amount determined by multiplying—
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1 ‘‘(1) the average monthly number of hours that

2 the individual provided the services, by

3 ‘‘(2) the minimum wage determined in accord4 ance with section 6(a)(1) of the Fair Labor Stand5 ards Act of 1938 (29 U.S.C. 206(a)(1)).

6 ‘‘(f) REIMBURSEMENT OF INCIDENTAL EXPENSES.—

7 (1) The head of an element of the intelligence community

8 entity may reimburse an individual for incidental expenses

9 incurred by the individual in providing voluntary services

10 accepted under subsection (a). The head of an element of

11 the intelligence community entity shall determine which

12 expenses are eligible for reimbursement under this sub13 section.

14 ‘‘(2) Reimbursement under paragraph (1) may be

15 made from appropriated or nonappropriated funds.

16 ‘‘(g) AUTHORITY TO INSTALL EQUIPMENT.—(1) The

17 head of an element of the intelligence community may in18 stall telephone lines and any necessary telecommunication

19 equipment in the private residences of individuals who pro20 vide voluntary services accepted under subsection (a).

21 ‘‘(2) The head of an element of the intelligence com22 munity may pay the charges incurred for the use of equip23 ment installed under paragraph (1) for authorized pur24 poses.
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1 ‘‘(3) Notwithstanding section 1348 of title 31, United

2 States Code, the head of an element of the intelligence

3 community entity may use appropriated funds or non4 appropriated funds of the element in carrying out this sub5 section.

6 ‘‘REGULATIONS

7 ‘‘SEC. 1014. (a) IN GENERAL.—The Secretary of De8 fense and the Director of Central Intelligence jointly shall

9 promulgate regulations necessary to carry out the Foreign

10 Languages Program authorized under this subtitle.

11 ‘‘(b) ELEMENTS OF THE INTELLIGENCE COMMU12 NITY.—Each head of an element of an intelligence commu13 nity entity shall prescribe regulations to carry out sections

14 1012 and 1013 with respect to that element including the

15 following:

16 ‘‘(1) Procedures to be utilized for the accept17 ance of voluntary services under section 1013.

18 ‘‘(2) Procedures and requirements relating to

19 the installation of equipment under section 1013(g).

20 ‘‘DEFINITIONS

21 ‘‘SEC. 1015. In this subtitle:

22 ‘‘(1) The term ‘intelligence community entity’

23 means an agency, office, bureau, or element referred

24 to in subparagraphs (B) through (K) of section 3(4).

25 ‘‘(2) The term ‘educational institution’ means—
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1 ‘‘(A) a local educational agency (as that

2 term is defined in section 9101(26) of the Ele3 mentary and Secondary Education Act of 1965

4 (20 U.S.C. 7801(26))),

5 ‘‘(B) an institution of higher education (as

6 defined in section 102 of the Higher Education

7 Act of 1965 (20 U.S.C. 1002) other than insti8 tutions referred to in subsection (a)(1)(C) of

9 such section), or

10 ‘‘(C) any other nonprofit institution that

11 provides instruction of foreign languages in lan12 guages that are critical to the capability of the

13 intelligence community to carry out national se14 curity activities of the United States.

15 ‘‘(3) The term ‘dedicated personnel’ means em16 ployees of the intelligence community and private

17 citizens (including former civilian employees of the

18 Federal Government who have been voluntarily sepa19 rated, and members of the United States Armed

20 Forces who have been honorably discharged or gen21 erally discharged under honorable circumstances,

22 and rehired on a voluntary basis specifically to per23 form the activities authorized under this subtitle).
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1 ‘‘Subtitle C—Additional Education

2 Provisions

3 ‘‘ASSIGNMENT OF INTELLIGENCE COMMUNITY

4 PERSONNEL AS LANGUAGE STUDENTS

5 ‘‘SEC. 1021. (a) IN GENERAL.—The Director of Cen6 tral Intelligence, acting through the heads of the elements

7 of the intelligence community, may assign employees of

8 such elements in analyst positions requiring foreign lan9 guage expertise as students at accredited professional,

10 technical, or other institutions of higher education for

11 training at the graduate or undergraduate level in foreign

12 languages required for the conduct of duties and respon13 sibilities of such positions.

14 ‘‘(b) AUTHORITY FOR REIMBURSEMENT OF COSTS

15 OF TUITION AND TRAINING.—(1) The Director may reim16 burse an employee assigned under subsection (a) for the

17 total cost of the training described in subsection (a), in18 cluding costs of educational and supplementary reading

19 materials.

20 ‘‘(2) The authority under paragraph (1) shall apply

21 to employees who are assigned on a full-time or part-time

22 basis.

23 ‘‘(3) Reimbursement under paragraph (1) may be

24 made from appropriated or nonappropriated funds.
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1 ‘‘(c) RELATIONSHIP TO COMPENSATION AS AN ANA2 LYST.—Reimbursement under this section to an employee

3 who is an analyst is in addition to any benefits, allow4 ances, travels, or other compensation the employee is enti5 tled to by reason of serving in such an analyst position.’’.

6 (b) CLERICAL AMENDMENT.—The table of contents

7 for the National Security Act of 1947 is amended by strik8 ing the item relating to section 1001 and inserting the

9 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.’’.

10 SEC. 614. PILOT PROJECT FOR CIVILIAN LINGUIST RE11 SERVE CORPS.

12 (a) PILOT PROJECT.—The Director of Central Intel13 ligence shall conduct a pilot project to establish a Civilian

14 Linguist Reserve Corps comprised of United States citi15 zens with advanced levels of proficiency in foreign lan16 guages who would be available upon a call of the President

17 to perform such service or duties with respect to such for-
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1 eign languages in the Federal Government as the Presi2 dent may specify.

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

4 findings and recommendations contained in the report re5 quired under section 325 of the Intelligence Authorization

6 Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat.

7 2393), in conducting the pilot project under subsection (a)

8 the Director of Central Intelligence shall—

9 (1) identify several foreign languages that are

10 critical for the national security of the United

11 States;

12 (2) identify United States citizens with ad13 vanced levels of proficiency in those foreign lan14 guages who would be available to perform the serv15 ices and duties referred to in subsection (a); and

16 (3) implement a call for the performance of

17 such services and duties.

18 (c) DURATION OF PROJECT.—The pilot project under

19 subsection (a) shall be conducted for a three-year period.

20 (d) AUTHORITY TO ENTER INTO CONTRACTS.—The

21 Director of Central Intelligence may enter into contracts

22 with appropriate agencies or entities to carry out the pilot

23 project under subsection (a).
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1 (e) REPORTS.—(1) The Director of Central Intel2 ligence shall submit to Congress an initial and a final re3 port on the pilot project conducted under subsection (a).

4 (2) Each report required under paragraph (1) shall

5 contain information on the operation of the pilot project,

6 the success of the pilot project in carrying out the objec7 tives of the establishment of a Civilian Linguist Reserve

8 Corps, and recommendations for the continuation or ex9 pansion of the pilot project.

10 (3) The final report shall be submitted not later than

11 6 months after the completion of the project.

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to the Director of Cen14 tral Intelligence for each of fiscal years 2005, 2006, and

15 2007 in order to carry out the pilot project under sub16 section (a) such sums as are specified in the classified

17 Schedule of Authorizations referred to section 102.

18 SEC. 615. CODIFICATION OF ESTABLISHMENT OF THE NA19 TIONAL VIRTUAL TRANSLATION CENTER.

20 (a) IN GENERAL.—Title I of the National Security

21 Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding

22 at the end the following new section:

23 ‘‘NATIONAL VIRTUAL TRANSLATION CENTER

24 ‘‘SEC. 119. (a) IN GENERAL.—There is an element

25 of the intelligence community known as the National Vir-
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1 tual Translation Center under the direction of the Direc2 tor of Central Intelligence.

3 ‘‘(b) FUNCTION.—The National Virtual Translation

4 Center shall provide for timely and accurate translations

5 of foreign intelligence for all other elements of the intel6 ligence community.

7 ‘‘(c) FACILITATING ACCESS TO TRANSLATIONS.—In

8 order to minimize the need for a central facility for the

9 National Virtual Translation Center, the Center shall—

10 ‘‘(1) use state-of-the-art communications tech11 nology;

12 ‘‘(2) integrate existing translation capabilities

13 in the intelligence community; and

14 ‘‘(3) use remote-connection capacities.

15 ‘‘(d) USE OF SECURE FACILITIES.—Personnel of the

16 National Virtual Translation Center may carry out duties

17 of the Center at any location that—

18 ‘‘(1) has been certified as a secure facility by an

19 agency or department of the United States; and

20 ‘‘(2) the Director of Central Intelligence deter21 mines to be appropriate for such purpose.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 for that Act is amended by inserting after the item relat24 ing to section 118 the following new item:

‘‘Sec. 119. National Virtual Translation Center.’’.
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1 SEC. 616. REPORT ON RECRUITMENT AND RETENTION OF

2 QUALIFIED INSTRUCTORS OF THE DEFENSE

3 LANGUAGE INSTITUTE.

4 (a) STUDY.—The Secretary of Defense shall conduct

5 a study on methods to improve the recruitment and reten6 tion of qualified foreign language instructors at the For7 eign Language Center of the Defense Language Institute.

8 In conducting the study, the Secretary shall consider, in

9 the case of a foreign language instructor who is an alien,

10 to expeditiously adjust the status of the alien from a tem11 porary status to that of an alien lawfully admitted for per12 manent residence.

13 (b) REPORT.—(1) Not later than one year after the

14 date of the enactment of this Act, the Secretary of Defense

15 shall submit to the appropriate congressional committees

16 a report on the study conducted under subsection (a), and

17 shall include in that report recommendations for such

18 changes in legislation and regulation as the Secretary de19 termines to be appropriate.

20 (2) DEFINITION.—In this subsection, the term ‘‘ap21 propriate congressional committees’’ means the following:

22 (A) The Select Committee on Intelligence and

23 the Committee on Armed Services of the Senate.

24 (B) The Permanent Select Committee on Intel25 ligence and the Committee on Armed Services of the

26 House of Representatives.
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1 TITLE VII—REFORM OF DES2 IGNATION OF FOREIGN TER3 RORIST ORGANIZATIONS

4 SEC. 701. DESIGNATION OF FOREIGN TERRORIST ORGANI5 ZATIONS.

6 (a) PERIOD OF DESIGNATION.—Section 219(a)(4) of

7 the Immigration and Nationality Act (8 U.S.C.

8 1189(a)(4)) is amended—

9 (1) in subparagraph (A)—

10 (A) by striking ‘‘Subject to paragraphs (5)

11 and (6), a’’ and inserting ‘‘A’’; and

12 (B) by striking ‘‘for a period of 2 years be13 ginning on the effective date of the designation

14 under paragraph (2)(B)’’ and inserting ‘‘until

15 revoked under paragraph (5) or (6) or set aside

16 pursuant to subsection (c)’’;

17 (2) by striking subparagraph (B) and inserting

18 the following:

19 ‘‘(B) REVIEW OF DESIGNATION UPON PE20 TITION.—

21 ‘‘(i) IN GENERAL.—The Secretary

22 shall review the designation of a foreign

23 terrorist organization under the procedures

24 set forth in clauses (iii) and (iv) if the des25 ignated organization files a petition for
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1 revocation within the petition period de2 scribed in clause (ii).

3 ‘‘(ii) PETITION PERIOD.—For pur4 poses of clause (i)—

5 ‘‘(I) if the designated organiza6 tion has not previously filed a petition

7 for revocation under this subpara8 graph, the petition period begins 2

9 years after the date on which the des10 ignation was made; or

11 ‘‘(II) if the designated organiza12 tion has previously filed a petition for

13 revocation under this subparagraph,

14 the petition period begins 2 years

15 after the date of the determination

16 made under clause (iv) on that peti17 tion.

18 ‘‘(iii) PROCEDURES.—Any foreign ter19 rorist organization that submits a petition

20 for revocation under this subparagraph

21 must provide evidence in that petition that

22 the relevant circumstances described in

23 paragraph (1) have changed in such a

24 manner as to warrant revocation with re25 spect to the organization.
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1 ‘‘(iv) DETERMINATION.—

2 ‘‘(I) IN GENERAL.—Not later

3 than 180 days after receiving a peti4 tion for revocation submitted under

5 this subparagraph, the Secretary shall

6 make a determination as to such rev7 ocation.

8 ‘‘(II) CLASSIFIED INFORMA9 TION.—The Secretary may consider

10 classified information in making a de11 termination in response to a petition

12 for revocation. Classified information

13 shall not be subject to disclosure for

14 such time as it remains classified, ex15 cept that such information may be

16 disclosed to a court ex parte and in

17 camera for purposes of judicial review

18 under subsection (c).

19 ‘‘(III) PUBLICATION OF DETER20 MINATION.—A determination made by

21 the Secretary under this clause shall

22 be published in the Federal Register.

23 ‘‘(IV) PROCEDURES.—Any rev24 ocation by the Secretary shall be
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1 made in accordance with paragraph

2 (6).’’; and

3 (3) by adding at the end the following:

4 ‘‘(C) OTHER REVIEW OF DESIGNATION.—

5 ‘‘(i) IN GENERAL.—If in a 6-year pe6 riod no review has taken place under sub7 paragraph (B), the Secretary shall review

8 the designation of the foreign terrorist or9 ganization in order to determine whether

10 such designation should be revoked pursu11 ant to paragraph (6).

12 ‘‘(ii) PROCEDURES.—If a review does

13 not take place pursuant to subparagraph

14 (B) in response to a petition for revocation

15 that is filed in accordance with that sub16 paragraph, then the review shall be con17 ducted pursuant to procedures established

18 by the Secretary. The results of such re19 view and the applicable procedures shall

20 not be reviewable in any court.

21 ‘‘(iii) PUBLICATION OF RESULTS OF

22 REVIEW.—The Secretary shall publish any

23 determination made pursuant to this sub24 paragraph in the Federal Register.’’.
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1 (b) ALIASES.—Section 219 of the Immigration and

2 Nationality Act (8 U.S.C. 1189) is amended—

3 (1) by redesignating subsections (b) and (c) as

4 subsections (c) and (d), respectively; and

5 (2) by inserting after subsection (a) the fol6 lowing new subsection (b):

7 ‘‘(b) AMENDMENTS TO A DESIGNATION.—

8 ‘‘(1) IN GENERAL.—The Secretary may amend

9 a designation under this subsection if the Secretary

10 finds that the organization has changed its name,

11 adopted a new alias, dissolved and then reconsti12 tuted itself under a different name or names, or

13 merged with another organization.

14 ‘‘(2) PROCEDURE.—Amendments made to a

15 designation in accordance with paragraph (1) shall

16 be effective upon publication in the Federal Register.

17 Subparagraphs (B) and (C) of subsection (a)(2)

18 shall apply to an amended designation upon such

19 publication. Paragraphs (2)(A)(i), (4), (5), (6), (7),

20 and (8) of subsection (a) shall also apply to an

21 amended designation.

22 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis23 trative record shall be corrected to include the

24 amendments as well as any additional relevant infor25 mation that supports those amendments.
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1 ‘‘(4) CLASSIFIED INFORMATION.—The Sec2 retary may consider classified information in amend3 ing a designation in accordance with this subsection.

4 Classified information shall not be subject to disclo5 sure for such time as it remains classified, except

6 that such information may be disclosed to a court ex

7 parte and in camera for purposes of judicial review

8 under subsection (c).’’.

9 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

10 Section 219 of the Immigration and Nationality Act (8

11 U.S.C. 1189) is amended—

12 (1) in subsection (a)—

13 (A) in paragraph (3)(B), by striking ‘‘sub14 section (b)’’ and inserting ‘‘subsection (c)’’;

15 (B) in paragraph (6)(A)—

16 (i) in the matter preceding clause (i),

17 by striking ‘‘or a redesignation made under

18 paragraph (4)(B)’’ and inserting ‘‘at any

19 time, and shall revoke a designation upon

20 completion of a review conducted pursuant

21 to subparagraphs (B) and (C) of para22 graph (4)’’; and

23 (ii) in clause (i), by striking ‘‘or redes24 ignation’’;
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1 (C) in paragraph (7), by striking ‘‘, or the

2 revocation of a redesignation under paragraph

3 (6),’’; and

4 (D) in paragraph (8)—

5 (i) by striking ‘‘, or if a redesignation

6 under this subsection has become effective

7 under paragraph (4)(B),’’; and

8 (ii) by striking ‘‘or redesignation’’;

9 and

10 (2) in subsection (c), as so redesignated—

11 (A) in paragraph (1), by striking ‘‘of the

12 designation in the Federal Register,’’ and all

13 that follows through ‘‘review of the designa14 tion’’ and inserting ‘‘in the Federal Register of

15 a designation, an amended designation, or a de16 termination in response to a petition for revoca17 tion, the designated organization may seek judi18 cial review’’;

19 (B) in paragraph (2), by inserting ‘‘,

20 amended designation, or determination in re21 sponse to a petition for revocation’’ after ‘‘des22 ignation’’;

23 (C) in paragraph (3), by inserting ‘‘,

24 amended designation, or determination in re-
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1 sponse to a petition for revocation’’ after ‘‘des2 ignation’’; and

3 (D) in paragraph (4), by inserting ‘‘,

4 amended designation, or determination in re5 sponse to a petition for revocation’’ after ‘‘des6 ignation’’ each place that term appears.

7 (d) SAVINGS PROVISION.—For purposes of applying

8 section 219 of the Immigration and Nationality Act on

9 or after the date of enactment of this Act, the term ‘‘des10 ignation’’, as used in that section, includes all redesigna11 tions made pursuant to section 219(a)(4)(B) of the Immi12 gration and Nationality Act (8 U.S.C. 1189(a)(4)(B))

13 prior to the date of enactment of this Act, and such redes14 ignations shall continue to be effective until revoked as

15 provided in paragraph (5) or (6) of section 219(a) of the

16 Immigration and Nationality Act (8 U.S.C. 1189(a)).

17 SEC. 702. INCLUSION IN ANNUAL DEPARTMENT OF STATE

18 COUNTRY REPORTS ON TERRORISM OF IN19 FORMATION ON TERRORIST GROUPS THAT

20 SEEK WEAPONS OF MASS DESTRUCTION AND

21 GROUPS THAT HAVE BEEN DESIGNATED AS

22 FOREIGN TERRORIST ORGANIZATIONS.

23 (a) INCLUSION IN REPORTS.—Section 140 of the

24 Foreign Relations Authorization Act, Fiscal Years 1988

25 and 1989 (22 U.S.C. 2656f) is amended—
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1 (1) in subsection (a)(2)—

2 (A) by inserting ‘‘any terrorist group

3 known to have obtained or developed, or to have

4 attempted to obtain or develop, weapons of

5 mass destruction,’’ after ‘‘during the preceding

6 five years,’’; and

7 (B) by inserting ‘‘any group designated by

8 the Secretary as a foreign terrorist organization

9 under section 219 of the Immigration and Na10 tionality Act (8 U.S.C. 1189),’’ after ‘‘Export

11 Administration Act of 1979,’’;

12 (2) in subsection (b)(1)(C)(iii), by striking

13 ‘‘and’’ at the end;

14 (3) in subsection (b)(1)(C)—

15 (A) by redesignating clause (iv) as clause

16 (v); and

17 (B) by inserting after clause (iii) the fol18 lowing new clause:

19 ‘‘(iv) providing weapons of mass de20 struction, or assistance in obtaining or de21 veloping such weapons, to terrorists or ter22 rorist groups; and’’; and

23 (4) in subsection (b)(2)—
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1 (A) by redesignating subparagraphs (C),

2 (D), and (E) as (D), (E), and (F), respectively;

3 and

4 (B) by inserting after subparagraph (B)

5 the following new subparagraph:

6 ‘‘(C) efforts by those groups to obtain or

7 develop weapons of mass destruction;’’.

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

9 subsection (a) shall apply beginning with the first report

10 under section 140 of the Foreign Relations Authorization

11 Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), sub12 mitted more than one year after the date of the enactment

13 of this Act.

Passed the House of Representatives June 23, 2004.

Attest:

Clerk.