I 

108TH CONGRESS 

2D SESSION H. R. 4574 

To amend title VIII of the Intelligence Authorization Act for Fiscal Year 

1992, as amended, to revise the funding mechanism for scholarships, 

fellowships, and grants to institutions under the National Security Education Program, 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), and in addition to the 

Committees on Armed Services and Education and the Workforce, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title VIII of the Intelligence Authorization Act 

for Fiscal Year 1992, as amended, to revise the funding 

mechanism for scholarships, fellowships, and grants to 

institutions under the National Security Education Program, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘National Security Edu5 cation Program Enhancement Act of 2004’’. 
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1 SEC. 2. PROVISION FOR ANNUAL AUTHORIZATION OF AP2 PROPRIATIONS. 

3 (a) IN GENERAL.—Title VIII of the Intelligence Au4 thorization Act for Fiscal Year 1992 (Public Law 102– 

5 183; 105 Stat. 1271), as amended by section 311(c) of 

6 the Intelligence Authorization Act for Fiscal Year 1994 

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

8 adding at the end of section 810 the following new sub9 section: 

10 ‘‘(c) FUNDING FROM INTELLIGENCE COMMUNITY

11 MANAGEMENT ACCOUNT FOR FISCAL YEARS BEGINNING

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

13 may be made available to the Secretary under the Fund 

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

15 transfer to the Secretary from amounts appropriated for 

16 the Intelligence Community Management Account for each 

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

18 to carry out the scholarship, fellowship, and grant pro19 grams under subparagraphs (A), (B), and (C), respec20 tively, of section 802(a)(1).’’. 

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

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

23 matter preceding subparagraph (A) by inserting ‘‘or from 

24 an appropriation pursuant to the authorization under sec25 tion 810(c)’’. 
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1 SEC. 3. MODIFICATION OF OBLIGATED SERVICE REQUIRE2 MENTS UNDER NATIONAL SECURITY EDU3 CATION PROGRAM. 

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

5 of title VIII of the Intelligence Authorization Act for Fis6 cal Year 1992 (Public Law 102–183; 105 Stat. 1273), as 

7 amended by section 925(a) of the National Defense Au8 thorization Act for Fiscal Year 2004 (Public Law 108– 

9 136; 117 Stat. 1578), is amended by striking subpara10 graphs (A) and (B), and inserting the following: 

11 ‘‘(A) in the case of a recipient of a scholar12 ship, as soon as practicable but in no case later 

13 than three years after the completion by the re14 cipient of the study for which scholarship as15 sistance was provided under the program, the 

16 recipient shall work for a period of one year— 

17 ‘‘(i) in a national security position 

18 that the Secretary certifies is appropriate 

19 to use the unique language and region ex20 pertise acquired by the recipient pursuant 

21 to such study in the Department of De22 fense, in any element of the intelligence 

23 community, in the Department of Home24 land Security, or in the Department of 

25 State; or 
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1 ‘‘(ii) in such a position in any other 

2 Federal department or agency not referred 

3 to in clause (i) if the recipient dem4 onstrates to the Secretary that no position 

5 is available in a Federal department or 

6 agency specified in clause (i); or 

7 ‘‘(B) in the case of a recipient of a fellow8 ship, as soon as practicable but in no case later 

9 than two years after the completion by the re10 cipient of the study for which fellowship assist11 ance was provided under the program, the re12 cipient shall work for a period equal to the du13 ration of assistance provided under the pro14 gram, but in no case less than one year— 

15 ‘‘(i) in a position described in sub16 paragraph (A)(i) that the Secretary cer17 tifies is appropriate to use the unique lan18 guage and region expertise acquired by the 

19 recipient pursuant to such study; or 

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

21 Federal department or agency not referred 

22 to in clause (i) if the recipient dem23 onstrates to the Secretary that no position 

24 is available in a Federal department or 

25 agency specified in clause (i); and’’. 
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1 (b) REGULATIONS.—The Secretary of Defense shall 

2 prescribe regulations to carry out the amendment made 

3 by subsection (a). In prescribing such regulations, the Sec4 retary shall establish standards that recipients of scholar5 ship and fellowship assistance under the program under 

6 such section 802 are required to demonstrate to satisfy 

7 the requirement of a good faith effort to gain employment 

8 as required under subparagraphs (A) and (B) of sub9 section (b)(2) of such section. 

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

11 subsection (a) shall apply with respect to service agree12 ments entered into under the David L. Boren National 

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

14 the enactment of this Act. 

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

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

17 entered into under the David L. Boren National Security 

18 Education Act of 1991 before the date of the enactment 

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

20 SEC. 4. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LAN21 GUAGE INITIATIVE. 

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

23 the Intelligence Authorization Act for Fiscal Year 1992 

24 (Public Law 102–183; 105 Stat. 1271), as amended by 

25 section 311(c) of the Intelligence Authorization Act for 
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1 Fiscal Year 1994 (Public Law 103–178; 107 Stat. 2037) 

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

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

4 2397), is amended by striking section 811 and inserting 

5 the following new section 811: 

6 ‘‘SEC. 811. FUNDING FOR THE NATIONAL FLAGSHIP LAN7 GUAGE INITIATIVE. 

8 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS FOR FIS9 CAL YEARS 2003 and 2004.—In addition to amounts that 

10 may be made available to the Secretary under the Fund 

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

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

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

14 for the National Flagship Language Initiative under sec15 tion 802(a)(1)(D). 

16 ‘‘(b) FUNDING FROM INTELLIGENCE COMMUNITY

17 MANAGEMENT ACCOUNT FOR FISCAL YEARS BEGINNING

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

19 may be made available to the Secretary under the Fund 

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

21 transfer to the Secretary from amounts appropriated for 

22 the Intelligence Community Management Account for each 

23 fiscal year, beginning with fiscal year 2005, $12,000,000, 

24 to carry out the grant program for the National Flagship 

25 Language Initiative under section 802(a)(1)(D). 
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1 ‘‘(c) AVAILABILITY OF APPROPRIATED FUNDS.— 

2 Amounts made available under this section shall remain 

3 available until expended.’’. 

4 (b) REQUIREMENT FOR EMPLOYMENT AGREE5 MENTS.—(1) Section 802(i) of the David L. Boren Na6 tional Security Education Act of 1991 (50 U.S.C. 1902(i)) 

7 is amended by adding at the end the following new para8 graph: 

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

10 student that participates in training in programs under 

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

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

13 has entered into such an agreement pursuant to subpara14 graph (A)(ii) or (B)(ii) of section 802(a)(1). 

15 ‘‘(B) In the case of a student who is an employee 

16 of an agency or department of the Federal Government 

17 that participates in training in programs under paragraph 

18 (1), the employee shall agree in writing— 

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

20 department of the Federal Government employing 

21 the student for the period of such training; 

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

23 or department employing the student following com24 pletion of such training for a period of two years for 

25 each year, or part of the year, of such training; 
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1 ‘‘(iii) to reimburse the United States for the 

2 total cost of such training (excluding the student’s 

3 pay and allowances) provided to the student if, be4 fore the completion by the student of the training, 

5 the employment of the student by the agency or de6 partment is terminated due to misconduct by the re7 cipient or by the recipient voluntarily; and 

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

9 completing such training, the employment of the stu10 dent by the agency or department is terminated ei11 ther by the agency or department due to misconduct 

12 by the student or by the student voluntarily, before 

13 the completion by the student of the period of serv14 ice required in clause (ii), in an amount that bears 

15 the same ratio to the total cost of the training (ex16 cluding the student’s pay and allowances) provided 

17 to the student as the unserved portion of such pe18 riod of service bears to the total period of service 

19 under clause (ii). 

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

21 reimburse the United States under an agreement under 

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

23 United States. 

24 ‘‘(D)(i) A discharge in bankruptcy under title 11, 

25 United States Code, shall not release a person from an 
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1 obligation to reimburse the United States under an agree2 ment under subparagraph (A) if the final decree of the 

3 discharge in bankruptcy is issued within five years after 

4 the last day of the combined period of service obligation 

5 described in clauses (i) and (ii) of subparagraph (B). 

6 ‘‘(ii) The head of an element of the intelligence com7 munity may release a recipient, in whole or in part, from 

8 the obligation to reimburse the United States under an 

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

10 of the head of the element, the head of the element deter11 mines that equity or the interests of the United States 

12 so require.’’. 

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

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

15 90 days after the date of the enactment of this Act. 

16 (c) INCREASE IN THE NUMBER OF PARTICIPATING

17 EDUCATIONAL INSTITUTIONS.—The Secretary of Defense 

18 shall take such steps as the Secretary determines will in19 crease the number of qualified educational institutions 

20 that receive grants under the National Flagship Language 

21 Initiative to establish, operate, or improve activities de22 signed to train students in programs in a range of dis23 ciplines to achieve advanced levels of proficiency in those 

24 foreign languages that the Secretary identifies as being 
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1 the most critical in the interests of the national security 

2 of the United States. 

3 (d) CLARIFICATION OF AUTHORITY TO SUPPORT

4 STUDIES ABROAD.—Educational institutions that receive 

5 grants under the National Flagship Language Initiative 

6 may support students who pursue total immersion foreign 

7 language studies overseas of foreign languages that are 

8 critical to the national security of the United States. 

9 SEC. 5. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR 

10 ENGLISH LANGUAGE STUDIES FOR HERIT11 AGE COMMUNITY CITIZENS OF THE UNITED 

12 STATES WITHIN THE NATIONAL SECURITY 

13 EDUCATION PROGRAM. 

14 (a) SCHOLARSHIP PROGRAM FOR ENGLISH LAN15 GUAGE STUDIES FOR HERITAGE COMMUNITY CITIZENS

16 OF THE UNITED STATES.—(1) Subsection (a)(1) of sec17 tion 802 of the David L. Boren National Security Edu18 cation Act of 1991 (50 U.S.C. 1902) is amended— 

19 (A) by striking ‘‘and’’ at the end of subpara20 graph (C); 

21 (B) by striking the period at the end of sub22 paragraph (D) and inserting ‘‘; and’’; and 

23 (C) by adding at the end the following new sub24 paragraph: 
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1 ‘‘(E) awarding scholarships to students 

2 who— 

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

4 ‘‘(I) are native speakers (com5 monly referred to as heritage commu6 nity residents) of a foreign language 

7 that is identified as critical to the na8 tional security interests of the United 

9 States who should be actively re10 cruited for employment by Federal se11 curity agencies with a need for lin12 guists; and 

13 ‘‘(II) are not proficient at a pro14 fessional level in the English language 

15 with respect to reading, writing, and 

16 interpersonal skills required to carry 

17 out the national security interests of 

18 the United States, as determined by 

19 the Secretary, 

20 to enable such students to pursue English 

21 language studies at an institution of higher 

22 education of the United States to attain 

23 proficiency in those skills; and 

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

25 in a national security position or work in 
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1 the field of education in the area of study 

2 for which the scholarship was awarded in 

3 a similar manner (as determined by the 

4 Secretary) as agreements entered into pur5 suant to subsection (b)(2)(A).’’. 

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

7 section is amended— 

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

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

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

11 Flagship Language Initiative described in subsection 

12 (i)’’; and 

13 (B) by adding at the end the following: ‘‘For the au14 thorization of appropriations for the scholarship program 

15 under paragraph (1)(E), see section 812.’’. 

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

17 1903(d)(4)(E)) is amended by inserting before the period 

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

19 scholarship programs for advanced English language stud20 ies by heritage community residents).’’. 

21 (b) FUNDING.—The David L. Boren National Secu22 rity Education Act of 1991 (50 U.S.C. 1901 et seq.) is 

23 amended by adding at the end the following new section: 
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1 ‘‘SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR 

2 CERTAIN HERITAGE COMMUNITY RESIDENTS. 

3 ‘‘(a) FUNDING FROM INTELLIGENCE COMMUNITY

4 MANAGEMENT ACCOUNT.—In addition to amounts that 

5 may be made available to the Secretary under the Fund 

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

7 transfer to the Secretary from amounts appropriated for 

8 the Intelligence Community Management Account for each 

9 fiscal year, beginning with fiscal year 2005, $4,000,000, 

10 to carry out the scholarship programs for English lan11 guage studies by certain heritage community residents 

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

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

14 available under subsection (a) shall remain available until 

15 expended.’’. 

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