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 Edu-
cation 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 com-
mittee 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 Pro-
gram, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Security Edu-
cation Program Enhancement Act of 2004’’.
SEC. 2. PROVISION FOR ANNUAL AUTHORIZATION OF AP-
PROPRIATIONS. 
(a) IN GENERAL.—Title VIII of the Intelligence Au-
thorization Act for Fiscal Year 1992 (Public Law 102– 
183; 105 Stat. 1271), as amended by section 311(c) of 
the Intelligence Authorization Act for Fiscal Year 1994 
(Public Law 103–178; 107 Stat. 2037), is amended by 
adding at the end of section 810 the following new sub-
section: 
‘‘(c) FUNDING FROM INTELLIGENCE COMMUNITY 
MANAGEMENT ACCOUNT FOR FISCAL YEARS BEGINNING 
WITH FISCAL YEAR 2005.—In addition to amounts that 
may be made available to the Secretary under the Fund 
for a fiscal year, the Director of Central Intelligence shall 
transfer to the Secretary from amounts appropriated for 
the Intelligence Community Management Account for each 
fiscal year, beginning with fiscal year 2005, $8,000,000, 
to carry out the scholarship, fellowship, and grant pro-
grams under subparagraphs (A), (B), and (C), respec-
tively, of section 802(a)(1).’’. 
(b) CONFORMING AMENDMENT.—Section 802(a)(2) 
of such Act (50 U.S.C. 1902(a)(2)) is amended in the 
matter preceding subparagraph (A) by inserting ‘‘or from 
an appropriation pursuant to the authorization under sec-
tion 810(c)’’.
SEC. 3. MODIFICATION OF OBLIGATED SERVICE REQUIRE-
MENTS UNDER NATIONAL SECURITY EDU-
CATION PROGRAM. 
(a) IN GENERAL.—Subsection (b)(2) of section 802 
of title VIII of the Intelligence Authorization Act for Fis-
cal Year 1992 (Public Law 102–183; 105 Stat. 1273), as 
amended by section 925(a) of the National Defense Au-
thorization Act for Fiscal Year 2004 (Public Law 108– 
136; 117 Stat. 1578), is amended by striking subpara-
graphs (A) and (B), and inserting the following: 
‘‘(A) in the case of a recipient of a scholar-
ship, as soon as practicable but in no case later 
than three years after the completion by the re-
cipient of the study for which scholarship as-
sistance was provided under the program, the 
recipient shall work for a period of one year— 
‘‘(i) in a national security position 
that the Secretary certifies is appropriate 
to use the unique language and region ex-
pertise acquired by the recipient pursuant 
to such study in the Department of De-
fense, in any element of the intelligence 
community, in the Department of Home-
land Security, or in the Department of 
State; or
‘‘(ii) in such a position in any other 
Federal department or agency not referred 
to in clause (i) if the recipient dem-
onstrates to the Secretary that no position 
is available in a Federal department or 
agency specified in clause (i); or 
‘‘(B) in the case of a recipient of a fellow-
ship, as soon as practicable but in no case later 
than two years after the completion by the re-
cipient of the study for which fellowship assist-
ance was provided under the program, the re-
cipient shall work for a period equal to the du-
ration of assistance provided under the pro-
gram, but in no case less than one year— 
‘‘(i) in a position described in sub-
paragraph (A)(i) that the Secretary cer-
tifies is appropriate to use the unique lan-
guage and region expertise acquired by the 
recipient pursuant to such study; or 
‘‘(ii) in such a position in any other 
Federal department or agency not referred 
to in clause (i) if the recipient dem-
onstrates to the Secretary that no position 
is available in a Federal department or 
agency specified in clause (i); and’’.
(b) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out the amendment made 
by subsection (a). In prescribing such regulations, the Sec-
retary shall establish standards that recipients of scholar-
ship and fellowship assistance under the program under 
such section 802 are required to demonstrate to satisfy 
the requirement of a good faith effort to gain employment 
as required under subparagraphs (A) and (B) of sub-
section (b)(2) of such section. 
(c) APPLICABILITY.—(1) The amendment made by 
subsection (a) shall apply with respect to service agree-
ments entered into under the David L. Boren National 
Security Education Act of 1991 on or after the date of 
the enactment of this Act. 
(2) The amendment made by subsection (a) shall not 
affect the force, validity, or terms of any service agreement 
entered into under the David L. Boren National Security 
Education Act of 1991 before the date of the enactment 
of this Act that is in force as of that date. 
SEC. 4. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LAN-
GUAGE INITIATIVE. 
(a) INCREASE IN ANNUAL FUNDING.—Title VIII of 
the Intelligence Authorization Act for Fiscal Year 1992 
(Public Law 102–183; 105 Stat. 1271), as amended by 
section 311(c) of the Intelligence Authorization Act for
Fiscal Year 1994 (Public Law 103–178; 107 Stat. 2037) 
and by section 333(b) of the Intelligence Authorization 
Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat. 
2397), is amended by striking section 811 and inserting 
the following new section 811: 
‘‘SEC. 811. FUNDING FOR THE NATIONAL FLAGSHIP LAN-
GUAGE INITIATIVE. 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEARS 2003 and 2004.—In addition to amounts that 
may be made available to the Secretary under the Fund 
for a fiscal year, there is authorized to be appropriated 
to the Secretary for each fiscal year, beginning with fiscal 
year 2003, $10,000,000, to carry out the grant program 
for the National Flagship Language Initiative under sec-
tion 802(a)(1)(D). 
‘‘(b) FUNDING FROM INTELLIGENCE COMMUNITY 
MANAGEMENT ACCOUNT FOR FISCAL YEARS BEGINNING 
WITH FISCAL YEAR 2005.—In addition to amounts that 
may be made available to the Secretary under the Fund 
for a fiscal year, the Director of Central Intelligence shall 
transfer to the Secretary from amounts appropriated for 
the Intelligence Community Management Account for each 
fiscal year, beginning with fiscal year 2005, $12,000,000, 
to carry out the grant program for the National Flagship 
Language Initiative under section 802(a)(1)(D).
‘‘(c) AVAILABILITY
OF APPROPRIATED FUNDS.— 
Amounts made available under this section shall remain 
available until expended.’’. 
(b) REQUIREMENT
FOR
EMPLOYMENT
AGREE-
MENTS.—(1) Section 802(i) of the David L. Boren Na-
tional Security Education Act of 1991 (50 U.S.C. 1902(i)) 
is amended by adding at the end the following new para-
graph: 
‘‘(5)(A) In the case of an undergraduate or graduate 
student that participates in training in programs under 
paragraph (1), the student shall enter into an agreement 
described in subsection (b), other than such a student who 
has entered into such an agreement pursuant to subpara-
graph (A)(ii) or (B)(ii) of section 802(a)(1). 
‘‘(B) In the case of a student who is an employee 
of an agency or department of the Federal Government 
that participates in training in programs under paragraph 
(1), the employee shall agree in writing— 
‘‘(i) to continue in the service of the agency or 
department of the Federal Government employing 
the student for the period of such training; 
‘‘(ii) to continue in the service of such agency 
or department employing the student following com-
pletion of such training for a period of two years for 
each year, or part of the year, of such training;
‘‘(iii) to reimburse the United States for the 
total cost of such training (excluding the student’s 
pay and allowances) provided to the student if, be-
fore the completion by the student of the training, 
the employment of the student by the agency or de-
partment is terminated due to misconduct by the re-
cipient or by the recipient voluntarily; and 
‘‘(iv) to reimburse the United States if, after 
completing such training, the employment of the stu-
dent by the agency or department is terminated ei-
ther by the agency or department due to misconduct 
by the student or by the student voluntarily, before 
the completion by the student of the period of serv-
ice required in clause (ii), in an amount that bears 
the same ratio to the total cost of the training (ex-
cluding the student’s pay and allowances) provided 
to the student as the unserved portion of such pe-
riod of service bears to the total period of service 
under clause (ii). 
‘‘(C) Subject to subparagraph (D), the obligation to 
reimburse the United States under an agreement under 
subparagraph (A) is for all purposes a debt owing the 
United States. 
‘‘(D)(i) A discharge in bankruptcy under title 11, 
United States Code, shall not release a person from an
obligation to reimburse the United States under an agree-
ment under subparagraph (A) if the final decree of the 
discharge in bankruptcy is issued within five years after 
the last day of the combined period of service obligation 
described in clauses (i) and (ii) of subparagraph (B). 
‘‘(ii) The head of an element of the intelligence com-
munity may release a recipient, in whole or in part, from 
the obligation to reimburse the United States under an 
agreement under subparagraph (A) when, in the discretion 
of the head of the element, the head of the element deter-
mines that equity or the interests of the United States 
so require.’’. 
(2) The amendment made by paragraph (1) shall 
apply to training that begins on or after the date that is 
90 days after the date of the enactment of this Act. 
(c) INCREASE IN THE NUMBER OF PARTICIPATING 
EDUCATIONAL INSTITUTIONS.—The Secretary of Defense 
shall take such steps as the Secretary determines will in-
crease the number of qualified educational institutions 
that receive grants under the National Flagship Language 
Initiative to establish, operate, or improve activities de-
signed to train students in programs in a range of dis-
ciplines to achieve advanced levels of proficiency in those 
foreign languages that the Secretary identifies as being
the most critical in the interests of the national security 
of the United States. 
(d) CLARIFICATION
OF AUTHORITY
TO SUPPORT 
STUDIES ABROAD.—Educational institutions that receive 
grants under the National Flagship Language Initiative 
may support students who pursue total immersion foreign 
language studies overseas of foreign languages that are 
critical to the national security of the United States. 
SEC. 5. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR 
ENGLISH LANGUAGE STUDIES FOR HERIT-
AGE COMMUNITY CITIZENS OF THE UNITED 
STATES WITHIN THE NATIONAL SECURITY 
EDUCATION PROGRAM. 
(a) SCHOLARSHIP PROGRAM
FOR ENGLISH LAN-
GUAGE STUDIES FOR HERITAGE COMMUNITY CITIZENS 
OF THE UNITED STATES.—(1) Subsection (a)(1) of sec-
tion 802 of the David L. Boren National Security Edu-
cation Act of 1991 (50 U.S.C. 1902) is amended— 
(A) by striking ‘‘and’’ at the end of subpara-
graph (C); 
(B) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new sub-
paragraph:
‘‘(E) awarding scholarships to students 
who— 
‘‘(i) are United States citizens who— 
‘‘(I) are native speakers (com-
monly referred to as heritage commu-
nity residents) of a foreign language 
that is identified as critical to the na-
tional security interests of the United 
States who should be actively re-
cruited for employment by Federal se-
curity agencies with a need for lin-
guists; and 
‘‘(II) are not proficient at a pro-
fessional level in the English language 
with respect to reading, writing, and 
interpersonal skills required to carry 
out the national security interests of 
the United States, as determined by 
the Secretary, 
to enable such students to pursue English 
language studies at an institution of higher 
education of the United States to attain 
proficiency in those skills; and 
‘‘(ii) enter into an agreement to work 
in a national security position or work in
‘‘SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR 
CERTAIN HERITAGE COMMUNITY RESIDENTS. 
‘‘(a) FUNDING FROM INTELLIGENCE COMMUNITY 
MANAGEMENT ACCOUNT.—In addition to amounts that 
may be made available to the Secretary under the Fund 
for a fiscal year, the Director of Central Intelligence shall 
transfer to the Secretary from amounts appropriated for 
the Intelligence Community Management Account for each 
fiscal year, beginning with fiscal year 2005, $4,000,000, 
to carry out the scholarship programs for English lan-
guage studies by certain heritage community residents 
under section 802(a)(1)(E). 
‘‘(b) AVAILABILITY
OF
FUNDS.—Amounts made 
available under subsection (a) shall remain available until 
expended.’’. 
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