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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4573 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4573

  To amend the National Security Act of 1947 to provide for enhanced 
    language education and training for members of the intelligence 
                   community, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2004

Mr. Bereuter (for himself, Mr. Boehlert, Mr. LaHood, Ms. Eshoo, and Mr. 
 Holt) introduced the following bill; which was referred to the Select 
              Committee on Intelligence (Permanent Select)

_______________________________________________________________________

                                 A BILL

 
  To amend the National Security Act of 1947 to provide for enhanced 
    language education and training for members of the intelligence 
                   community, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Community Language Capabilities Enhancement Act of 2004''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Assistant Director of Central Intelligence for Language and 
                            Education.
Sec. 4. Requirement for foreign language proficiency for advancement to 
                            senior level positions in the intelligence 
                            community.
Sec. 5. Advancement of foreign languages critical to the intelligence 
                            community.
Sec. 6. Pilot project for Civilian Linguist Reserve Corps.
Sec. 7. Codification of establishment of the National Virtual 
                            Translation Center.
Sec. 8. Report on recruitment and retention of qualified instructors of 
                            the Defense Language Institute.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) It is essential for the national security of the United 
        States that the intelligence community attracts and retains 
        adequate numbers of individuals whose skills include 
        proficiency in foreign languages.
            (2) In order to perform the assigned mission of gathering 
        and producing foreign intelligence on matters of national 
        interest, components of the intelligence community have a 
        pressing need for personnel with highly developed skills in 
        foreign language and culture.
            (3) Numerous commissions, including the Hart-Rudman 
        Commission on National Security in the 21st Century and the 
        Select Committee on U.S. National Security on Military/
        Commercial Concerns with the People's Republic of China, have 
        cited the critical national security requirement for greater 
        foreign language expertise.
            (4) The Subcommittee on Terrorism and Homeland Security of 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives noted in its Report on Counterterrorism 
        Intelligence Capability and Performance Prior to 9-11 that less 
        than one-third of case officer trainees of the Central 
        Intelligence Agency in a recent class have any language 
        experience.
            (5) The Joint Inquiry of the Select Committee on 
        Intelligence of the Senate and the Permanent Select Committee 
        on Intelligence of the House of Representatives regarding the 
        terrorist attacks of September 11, 2001, recognized the 
        critical importance of expanding the pool of personnel with 
        language capabilities, and recommended the establishment of a 
        robust Civilian Linguist Reserve Corps and the awarding of 
        scholarships for the study of foreign language.
            (6) Despite the pressing need for linguistic skills, the 
        American Council on Education found that foreign language 
        enrollments in United States higher education fell from 16 
        percent in 1960 to just 8 percent in 2004, and the number of 4-
        year colleges with foreign language entrance and graduation 
        requirements also had declined.
            (7) Existing public and private educational programs do not 
        provide sufficient numbers of linguists qualified in Arabic, 
        Chinese, Hindi, Japanese, Korean, Persian, Russian, Turkish and 
        other critical languages.
            (8) In addition to renewed emphasis on language instruction 
        within the intelligence community, new and creative methods 
        must be found to recruit linguists to serve in a national 
        security capacity.
            (9) The effort to recruit and retain skilled linguists 
        requires the coordinated effort by the heads of all members of 
        the intelligence and national security community.

SEC. 3. ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE FOR LANGUAGE AND 
              EDUCATION.

    (a) In General.--Section 102 of the National Security Act of 1947 
(50 U.S.C. 403) is amended--
            (1) by adding at the end the following new subsection:
    ``(i) Assistant Director of Central Intelligence for Language and 
Education.--(1) To assist the Director of Central Intelligence in 
carrying out the Director's responsibilities under this Act, there 
shall be an Assistant Director of Central Intelligence for Language and 
Education who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    ``(2) The Assistant Director of Central Intelligence for Language 
and Education shall carry out the following duties:
            ``(A) Overseeing and coordinating requirements for foreign 
        language education and training of the intelligence community.
            ``(B) Establishing policy, standards, and priorities 
        relating to such requirements.
            ``(C) Identifying languages that are critical to the 
        capability of the intelligence community to carry out national 
        security activities of the United States.
            ``(D) Monitoring the allocation of resources for foreign 
        language education and training in order to ensure the 
        requirements of the intelligence community with respect to 
        foreign language proficiency are met.'';
            (2) in subsection (d)(2) by adding at the end the 
        following:
            ``(E) Through the Assistant Director of Central 
        Intelligence for Language and Education, ensuring the foreign 
        language education and training requirements of the 
        intelligence community are met.''; and
            (3) in subsection (e)(2)--
                    (A) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (B) by inserting after subparagraph (G) the 
                following new subparagraph (H):
            ``(H) The Assistant Director of Central Intelligence for 
        Education and Language.''.
    (b) Reports.--Not later than 1 year after the date on which the 
Assistant Director of Central Intelligence for Language and Education 
is first appointed under section 102(i) of the National Security Act of 
1947, as added by subsection (a), the Assistant Director shall submit 
to Congress the following reports:
            (1) A report that identifies--
                    (A) skills and processes involved in learning a 
                foreign language; and
                    (B) characteristics and teaching techniques that 
                are most effective in teaching foreign languages.
            (2)(A) A report that identifies foreign language heritage 
        communities, particularly such communities that include 
        speakers of languages that are critical to the national 
        security of the United States.
            (B) For purposes of subparagraph (A), the term ``foreign 
        language heritage community'' means a community of residents or 
        citizens of the United States--
                    (i) who are native speakers of, or who have fluency 
                in, a foreign language; and
                    (ii) who should be actively recruited for 
                employment by Federal security agencies with a need for 
                linguists.
            (3) A report on--
                    (A) the estimated cost of establishing a program 
                under which the heads of elements of the intelligence 
                community agree to repay employees of the intelligence 
                community for any student loan taken out by that 
                employee for the study of foreign languages critical 
                for the national security of the United States; and
                    (B) the effectiveness of such a program in 
                recruiting and retaining highly qualified personnel in 
                the intelligence community.

SEC. 4. REQUIREMENT FOR FOREIGN LANGUAGE PROFICIENCY FOR ADVANCEMENT TO 
              SENIOR LEVEL POSITIONS IN THE INTELLIGENCE COMMUNITY.

    (a) In General.--Section 104 of the National Security Act of 1947 
(50 U.S.C. 403-4) is amended by adding at the end the following new 
subsection:
    ``(i) Requirement for Foreign Language Proficiency for Certain 
Senior Level Positions in the Central Intelligence Agency.--(1) An 
individual may not be appointed to a position in the Senior 
Intelligence Service in the Directorate of Intelligence or the 
Directorate of Operations of the Central Intelligence Agency unless the 
Director of Central Intelligence determines that the individual--
            ``(A) has been certified as having a professional speaking 
        and reading proficiency in a foreign language, such proficiency 
        being at least level 3 on the Interagency Language Roundtable 
        Language Skills Level or commensurate proficiency level on such 
        other indicator of proficiency as the Director determines to be 
        appropriate; and
            ``(B) is able to effectively communicate the priorities of 
        the United States and exercise influence in that foreign 
        language.
    ``(2) The Director shall carry out this subsection through the 
Assistant Director of Central Intelligence for Language and 
Education.''.
    (b) Conforming Amendment.--Subsection (i) of section 102 of the 
National Security Act of 1947 (50 U.S.C. 403), as added by section 
3(a), is amended in paragraph (2) by adding at the end the following 
new subparagraph:
            ``(E) Making determinations under section 104(i).''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to appointments made on or after the date that is 
one year after the date of the enactment of this Act.
    (d) Report on Exceptions.--The Director of Central Intelligence 
shall submit to Congress a report that identifies positions within the 
Senior Intelligence Service in the Directorate of Intelligence or the 
Directorate of Operations of the Central Intelligence Agency that 
should be exempt from the requirements of section 104(i) of the 
National Security Act of 1947, as added by subsection (a), and that 
includes the rationale for the exemption of each such position 
identified by the Director.

SEC. 5. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE INTELLIGENCE 
              COMMUNITY.

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

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

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

                ``Subtitle B--Foreign Languages Program

     ``program on advancement of foreign languages critical to the 
                         intelligence community

    ``Sec. 1011. (a) Establishment of Program.--The Secretary of 
Defense and the Director of Central Intelligence may jointly establish 
a program to advance foreign languages skills in languages that are 
critical to the capability of the intelligence community to carry out 
national security activities of the United States (hereinafter in this 
subtitle referred to as the `Foreign Languages Program').
    ``(b) Identification of Requisite Actions.--In order to carry out 
the Foreign Languages Program, the Secretary of Defense and the 
Director of Central Intelligence shall jointly determine actions 
required to improve the education of personnel in the intelligence 
community in foreign languages that are critical to the capability of 
the intelligence community to carry out national security activities of 
the United States to meet the long-term intelligence needs of the 
United States.

                        ``education partnerships

    ``Sec. 1012. (a) In General.--In carrying out the Foreign Languages 
Program, the head of an element of an intelligence community entity may 
enter into one or more education partnership agreements with 
educational institutions in the United States in order to encourage and 
enhance the study of foreign languages that are critical to the 
capability of the intelligence community to carry out national security 
activities of the United States in educational institutions.
    ``(b) Assistance Provided Under Educational Partnership 
Agreements.--Under an educational partnership agreement entered into 
with an educational institution pursuant to this section, the head of 
an element of an intelligence community entity may provide the 
following assistance to the educational institution:
            ``(1) The loan of equipment and instructional materials of 
        the element of the intelligence community entity to the 
        educational institution for any purpose and duration that the 
        head determines to be appropriate.
            ``(2) Notwithstanding any other provision of law relating 
        to transfers of surplus property, the transfer to the 
        educational institution of any computer equipment, or other 
        equipment, that is--
                    ``(A) commonly used by educational institutions;
                    ``(B) surplus to the needs of the entity; and
                    ``(C) determined by the head of the element to be 
                appropriate for support of such agreement.
            ``(3) The provision of dedicated personnel to the 
        educational institution--
                    ``(A) to teach courses in foreign languages that 
                are critical to the capability of the intelligence 
                community to carry out national security activities of 
                the United States; or
                    ``(B) to assist in the development of such courses 
                and materials for the institution.
            ``(4) The involvement of faculty and students of the 
        educational institution in research projects of the element of 
        the intelligence community entity.
            ``(5) Cooperation with the educational institution in 
        developing a program under which students receive academic 
        credit at the educational institution for work on research 
        projects of the element of the intelligence community entity.
            ``(6) The provision of academic and career advice and 
        assistance to students of the educational institution.
            ``(7) The provision of cash awards and other items that the 
        head of the element of the intelligence community entity 
        determines to be appropriate.

                          ``voluntary services

    ``Sec. 1013. (a) Authority To Accept Services.--Notwithstanding 
section 1342 of title 31, United States Code, and subject to subsection 
(b), the Foreign Languages Program under section 1011 shall include 
authority for the head of an element of an intelligence community 
entity to accept from any individual who is dedicated personnel (as 
defined in section 1016(3)) voluntary services in support of the 
activities authorized by this subtitle.
    ``(b) Requirements and Limitations.--(1) In accepting voluntary 
services from an individual under subsection (a), the head of the 
element shall--
            ``(A) supervise the individual to the same extent as the 
        head of the element would supervise a compensated employee of 
        that element providing similar services; and
            ``(B) ensure that the individual is licensed, privileged, 
        has appropriate educational or experiential credentials, or is 
        otherwise qualified under applicable law or regulations to 
        provide such services.
    ``(2) In accepting voluntary services from an individual under 
subsection (a), the head of an element of the intelligence community 
entity may not--
            ``(A) place the individual in a policymaking position, or 
        other position performing inherently government functions; or
            ``(B) except as provided in subsection (e), compensate the 
        individual for the provision of such services.
    ``(c) Authority To Recruit and Train Individuals Providing 
Services.--The head of an element of an intelligence community entity 
may recruit and train individuals to provide voluntary services 
accepted under subsection (a).
    ``(d) Status of Individuals Providing Services.--(1) Subject to 
paragraph (2), while providing voluntary services accepted under 
subsection (a) or receiving training under subsection (c), an 
individual shall be considered to be an employee of the Federal 
Government only for purposes of the following provisions of law:
            ``(A) Subchapter I of chapter 81 of title 5, United States 
        Code (relating to compensation for work-related injuries).
            ``(B) Section 552a of title 5, United States Code (relating 
        to maintenance of records on individuals).
            ``(C) Chapter 11 of title 18, United States Code (relating 
        to conflicts of interest).
    ``(2)(A) With respect to voluntary services accepted under 
paragraph (1) provided by an individual that are within the scope of 
the services so accepted, the individual is deemed to be a volunteer of 
a governmental entity or nonprofit institution for purposes of the 
Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
    ``(B) In the case of any claim against such an individual with 
respect to the provision of such services, section 4(d) of such Act (42 
U.S.C. 14503(d)) shall not apply.
    ``(3) Acceptance of voluntary services under this section shall 
have no bearing on the issuance or renewal of a security clearance.
    ``(e) Compensation for Work-Related Injuries.--For purposes of 
determining the compensation for work-related injuries payable under 
chapter 81 of title 5, United States Code, to an individual providing 
voluntary services accepted under subsection (a), the monthly pay of 
the individual for such services is deemed to be equal to the amount 
determined by multiplying--
            ``(1) the average monthly number of hours that the 
        individual provided the services, by
            ``(2) the minimum wage determined in accordance with 
        section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 206(a)(1)).
    ``(f) Reimbursement of Incidental Expenses.--(1) The head of an 
element of the intelligence community entity may reimburse an 
individual for incidental expenses incurred by the individual in 
providing voluntary services accepted under subsection (a). The head of 
an element of the intelligence community entity shall determine which 
expenses are eligible for reimbursement under this subsection.
    ``(2) Reimbursement under paragraph (1) may be made from 
appropriated or nonappropriated funds.
    ``(g) Authority To Install Equipment.--(1) The head of an element 
of the intelligence community may install telephone lines and any 
necessary telecommunication equipment in the private residences of 
individuals who provide voluntary services accepted under subsection 
(a).
    ``(2) The head of an element of the intelligence community may pay 
the charges incurred for the use of equipment installed under paragraph 
(1) for authorized purposes.
    ``(3) Notwithstanding section 1348 of title 31, United States Code, 
the head of an element of the intelligence community entity may use 
appropriated funds or nonappropriated funds of the element in carrying 
out this subsection.

                             ``regulations

    ``Sec. 1014. (a) In General.--The Secretary of Defense and the 
Director of Central Intelligence jointly shall promulgate regulations 
necessary to carry out the Foreign Languages Program authorized under 
this subtitle.
    ``(b) Elements of the Intelligence Community.--Each head of an 
element of an intelligence community entity shall prescribe regulations 
to carry out sections 1012 and 1013 with respect to that element 
including the following:
            ``(1) Procedures to be utilized for the acceptance of 
        voluntary services under section 1013.
            ``(2) Procedures and requirements relating to the 
        installation of equipment under section 1013(g).

                             ``definitions

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

             ``Subtitle C--Additional Education Provisions

 ``assignment of intelligence community personnel as language students

    ``Sec. 1021. (a) In General.--The Director of Central Intelligence, 
acting through the heads of the elements of the intelligence community, 
may assign employees of such elements in analyst positions requiring 
foreign language expertise as students at accredited professional, 
technical, or other institutions of higher education for training at 
the graduate or undergraduate level in foreign languages required for 
the conduct of duties and responsibilities of such positions.
    ``(b) Authority for Reimbursement of Costs of Tuition and 
Training.--(1) The Director may reimburse an employee assigned under 
subsection (a) for the total cost of the training described in 
subsection (a), including costs of educational and supplementary 
reading materials.
    ``(2) The authority under paragraph (1) shall apply to employees 
who are assigned on a full-time or part-time basis.
    ``(3) Reimbursement under paragraph (1) may be made from 
appropriated or nonappropriated funds.
    ``(c) Relationship to Compensation As an Analyst.--Reimbursement 
under this section to an employee who is an analyst is in addition to 
any benefits, allowances, travels, or other compensation the employee 
is entitled to by reason of serving in such an analyst position.''.
    (b) Clerical Amendment.--The table of contents for the National 
Security Act of 1947 is amended by striking the item relating to 
section 1001 and inserting the following new items:

                  ``Subtitle A--Science and Technology

``Sec. 1001. Scholarships and work-study for pursuit of graduate 
                            degrees in science and technology.
                ``Subtitle B--Foreign Languages Program

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

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

SEC. 6. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE CORPS.

    (a) Pilot Project.--The Director of Central Intelligence shall 
conduct a pilot project to establish a Civilian Linguist Reserve Corps 
comprised of United States citizens with advanced levels of proficiency 
in foreign languages who would be available upon a call of the 
President to perform such service or duties with respect to such 
foreign languages in the Federal Government as the President may 
specify.
    (b) Conduct of Project.--Taking into account the findings and 
recommendations contained in the report required under section 325 of 
the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
107-306; 116 Stat. 2393), in conducting the pilot project under 
subsection (a) the Director of Central Intelligence shall--
            (1) identify several foreign languages that are critical 
        for the national security of the United States;
            (2) identify United States citizens with advanced levels of 
        proficiency in those foreign languages who would be available 
        to perform the services and duties referred to in subsection 
        (a); and
            (3) implement a call for the performance of such services 
        and duties.
    (c) Duration of Project.--The pilot project under subsection (a) 
shall be conducted for a three-year period.
    (d) Authority To Enter Into Contracts.--The Director of Central 
Intelligence may enter into contracts with appropriate agencies or 
entities to carry out the pilot project under subsection (a).
    (e) Reports.--(1) The Director of Central Intelligence shall submit 
to Congress an initial and a final report on the pilot project 
conducted under subsection (a).
    (2) Each report required under paragraph (1) shall contain 
information on the operation of the pilot project, the success of the 
pilot project in carrying out the objectives of the establishment of a 
Civilian Linguist Reserve Corps, and recommendations for the 
continuation or expansion of the pilot project.
    (3) The final report shall be submitted not later than 6 months 
after the completion of the project.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of Central Intelligence $9,000,000 for 
each of fiscal years 2005, 2006, and 2007 in order to carry out the 
pilot project under subsection (a).

SEC. 7. CODIFICATION OF ESTABLISHMENT OF THE NATIONAL VIRTUAL 
              TRANSLATION CENTER.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended by adding at the end the following new 
section:

                 ``national virtual translation center

    ``Sec. 119. (a) In General.--There is an element of the 
intelligence community known as the National Virtual Translation Center 
under the direction of the Director of Central Intelligence.
    ``(b) Function.--The National Virtual Translation Center shall 
provide for timely and accurate translations of foreign intelligence 
for all other elements of the intelligence community.
    ``(c) Facilitating Access to Translations.--In order to minimize 
the need for a central facility for the National Virtual Translation 
Center, the Center shall--
            ``(1) use state-of-the-art communications technology;
            ``(2) integrate existing translation capabilities in the 
        intelligence community; and
            ``(3) use remote-connection capacities.
    ``(d) Use of Secure Facilities.--Personnel of the National Virtual 
Translation Center may carry out duties of the Center at any location 
that--
            ``(1) has been certified as a secure facility by an agency 
        or department of the United States; and
            ``(2) the Director of Central Intelligence determines to be 
        appropriate for such purpose.''.
    (b) Clerical Amendment.--The table of sections for that Act is 
amended by inserting after the item relating to section 505 the 
following new item:

``Sec. 119. National Virtual Translation Center.''.

SEC. 8. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED INSTRUCTORS OF 
              THE DEFENSE LANGUAGE INSTITUTE.

    (a) Study.--The Secretary of Defense shall conduct a study on 
methods to improve the recruitment and retention of qualified foreign 
language instructors at the Foreign Language Center of the Defense 
Language Institute. In conducting the study, the Secretary shall 
consider, in the case of foreign language instructors who are aliens, 
to expeditiously adjust the status of the alien from a temporary status 
to that of an alien lawfully admitted for permanent residence.
    (b) Report.--(1) Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
appropriate congressional committees a report on the study conducted 
under subsection (a), and shall include in that report recommendations 
for such changes in legislation and regulation as the Secretary 
determines to be appropriate.
    (2) Definition.--In this subsection, the term ``appropriate 
congressional committees'' means the following:
            (A) The Select Committee on Intelligence and the Committee 
        on Armed Services of the Senate.
            (B) The Permanent Select Committee on Intelligence and the 
        Committee on Armed Services of the House of Representatives.
                                 <all>
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