Intelligence Authorization Act for Fiscal Year 2005
PL 108-487 (H.R.4548), enacted 12/23/2004

118 STAT. 3939
PUBLIC LAW 108–487—DEC. 23, 2004
Public Law 108–487
108th Congress
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This title may be cited as the ‘‘Intelligence
Authorization Act for Fiscal Year 2005’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
Sec. 106. Specific authorization of funds for intelligence or intelligence-related ac-
tivities for which fiscal year 2004 appropriations exceed amounts au-
thorized.
Sec. 107. Preparation and submittal of reports, reviews, studies, and plans relating
to intelligence activities of Department of Defense and Department of
Energy.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Chief Information Officer.
Sec. 304. Improvement of authorities relating to National Virtual Translation Cen-
ter.
Sec. 305. Intelligence assessment on sanctuaries for terrorists.
Sec. 306. Sense of Congress on availability to Congress of information on Iraq Oil-
For-Food Program of the United Nations.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Permanent extension of Central Intelligence Agency voluntary separation
incentive program.
Sec. 402. Intelligence operations and cover enhancement authority.
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
Sec. 501. National Security Agency Emerging Technologies Panel.
Sec. 502. Use of funds for counterdrug and counterterrorism activities for Colom-
bia.
Intelligence
Authorization
Act for Fiscal
Year 2005.
Dec. 23, 2004
[H.R. 4548]
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118 STAT. 3940
PUBLIC LAW 108–487—DEC. 23, 2004
TITLE VI—EDUCATION
Subtitle A—National Security Education Program
Sec. 601. Annual funding.
Sec. 602. Improvements to National Flagship Language Initiative.
Sec. 603. Scholarship program for English language studies for heritage community
citizens of the United States within National Security Education Pro-
gram.
Subtitle B—Improvement in Intelligence Community Foreign Language Skills
Sec. 611. Foreign language proficiency for certain senior level positions in the Cen-
tral Intelligence Agency.
Sec. 612. Advancement of foreign languages critical to the intelligence community.
Sec. 613. Pilot project on Civilian Linguist Reserve Corps.
Sec. 614. Report on status, consolidation, and improvement of intelligence edu-
cation programs.
Sec. 615. Report on recruitment and retention of qualified instructors of the De-
fense Language Institute.
TITLE VII—TERRORISM MATTERS
Sec. 701. Information on terrorist groups that seek weapons of mass destruction
and groups that have been designated as foreign terrorist organizations.
TITLE VIII—OTHER MATTERS
Sec. 801. Effective date.
Sec. 802. Construction of references to Director of Central Intelligence.
Sec. 803. Savings provisions relating to discharge of certain functions and authori-
ties.
TITLE I—INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2005 for the conduct of the intelligence and intelligence-related
activities of the following elements of the United States Govern-
ment:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Department of Justice.
(10) The Federal Bureau of Investigation.
(11) The National Reconnaissance Office.
(12) The National Geospatial-Intelligence Agency.
(13) The Coast Guard.
(14) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.—
The amounts authorized to be appropriated under section 101,
and the authorized personnel ceilings as of September 30, 2005,
for the conduct of the intelligence and intelligence-related activities
of the elements listed in such section, are those specified in the
classified Schedule of Authorizations prepared to accompany the
conference report on the bill H.R. 4548 of the One Hundred Eighth
Congress.
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118 STAT. 3941
PUBLIC LAW 108–487—DEC. 23, 2004
(b) AVAILABILITY
OF CLASSIFIED SCHEDULE
OF AUTHORIZA-
TIONS.—The Schedule of Authorizations shall be made available
to the Committees on Appropriations of the Senate and House
of Representatives and to the President. The President shall provide
for suitable distribution of the Schedule, or of appropriate portions
of the Schedule, within the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) AUTHORITY FOR ADJUSTMENTS.—With the approval of the
Director of the Office of Management and Budget, the Director
of National Intelligence may authorize employment of civilian per-
sonnel in excess of the number authorized for fiscal year 2005
under section 102 when the Director of National Intelligence deter-
mines that such action is necessary to the performance of important
intelligence functions, except that the number of personnel
employed in excess of the number authorized under such section
may not, for any element of the intelligence community, exceed
2 percent of the number of civilian personnel authorized under
such section for such element.
(b) NOTICE
TO INTELLIGENCE COMMITTEES.—The Director of
National Intelligence shall promptly notify the Select Committee
on Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives whenever the
Director exercises the authority granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal year
2005 the sum of $310,466,000. Within such amount, funds identified
in the classified Schedule of Authorizations referred to in section
102(a) for advanced research and development shall remain avail-
able until September 30, 2006.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 310 full-time personnel as
of September 30, 2005. Personnel serving in such elements may
be permanent employees of the Intelligence Community Manage-
ment Account or personnel detailed from other elements of the
United States Government.
(c) CLASSIFIED AUTHORIZATIONS.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
also authorized to be appropriated for the Intelligence Commu-
nity Management Account for fiscal year 2005 such additional
amounts as are specified in the classified Schedule of Authoriza-
tions referred to in section 102(a). Such additional amounts
for research and development shall remain available until Sep-
tember 30, 2006.
(2) AUTHORIZATION OF PERSONNEL.—In addition to the per-
sonnel authorized by subsection (b) for elements of the Intel-
ligence Community Management Account as of September 30,
2005, there are also authorized such additional personnel for
such elements as of that date as are specified in the classified
Schedule of Authorizations.
(d) REIMBURSEMENT.—Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year
President.
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118 STAT. 3942
PUBLIC LAW 108–487—DEC. 23, 2004
2005 any officer or employee of the United States or a member
of the Armed Forces who is detailed to the staff of the Intelligence
Community Management Account from another element of the
United States Government shall be detailed on a reimbursable
basis, except that any such officer, employee, or member may be
detailed on a nonreimbursable basis for a period of less than one
year for the performance of temporary functions as required by
the Director of National Intelligence.
(e) NATIONAL DRUG INTELLIGENCE CENTER.—
(1) IN GENERAL.—Of the amount authorized to be appro-
priated in subsection (a), $42,322,000 shall be available for
the National Drug Intelligence Center. Within such amount,
funds provided for research, development, testing, and evalua-
tion purposes shall remain available until September 30, 2006,
and funds provided for procurement purposes shall remain
available until September 30, 2007.
(2) TRANSFER OF FUNDS.—The Director of National Intel-
ligence shall transfer to the Attorney General funds available
for the National Drug Intelligence Center under paragraph
(1). The Attorney General shall utilize funds so transferred
for the activities of the National Drug Intelligence Center.
(3) LIMITATION.—Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act
of 1947 (50 U.S.C. 403–3(d)(1)).
(4) AUTHORITY.—Notwithstanding any other provision of
law, the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.
(a) IN GENERAL.—Each requirement to submit a report to the
congressional intelligence committees that is included in the joint
explanatory statement to accompany the conference report on the
bill H.R. 4548 of the One Hundred Eighth Congress, or in the
classified annex to this Act, is hereby incorporated into this Act,
and is hereby made a requirement in law.
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘‘congressional intelligence committees’’
means—
(1) the Select Committee on Intelligence of the Senate;
and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 106. SPECIFIC AUTHORIZATION OF FUNDS FOR INTELLIGENCE
OR INTELLIGENCE-RELATED ACTIVITIES FOR WHICH
FISCAL YEAR 2004 APPROPRIATIONS EXCEED AMOUNTS
AUTHORIZED.
Funds appropriated for an intelligence or intelligence-related
activity of the United States Government for fiscal year 2004 in
excess of the amount specified for such activity in the classified
Schedule of Authorizations prepared to accompany the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108–177; 117
Stat. 2599) shall be deemed to be specifically authorized by Congress
for purposes of section 504(a)(3) of the National Security Act of
1947 (50 U.S.C. 414(a)(3)). Such funds shall remain available until
September 30, 2005.
21 USC 873 note.
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118 STAT. 3943
PUBLIC LAW 108–487—DEC. 23, 2004
SEC. 107. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS,
STUDIES, AND PLANS RELATING TO INTELLIGENCE
ACTIVITIES OF DEPARTMENT OF DEFENSE AND DEPART-
MENT OF ENERGY.
(a) CONSULTATION
IN
PREPARATION.—(1) The Director of
National Intelligence shall ensure that any report, review, study,
or plan required to be prepared or conducted by a provision of
this Act, including a provision of the classified Schedule of
Authorizations referred to in section 102(a) or the classified annex
to this Act, that involves the intelligence or intelligence-related
activities of the Department of Defense or the Department of Energy
is prepared or conducted in consultation with the Secretary of
Defense or the Secretary of Energy, as appropriate.
(2) The Secretary of Defense or the Secretary of Energy may
carry out any consultation required by this subsection through
an official of the Department of Defense or the Department of
Energy, as the case may be, designated by such Secretary for
that purpose.
(b) SUBMITTAL.—Any report, review, study, or plan referred
to in subsection (a) shall be submitted, in addition to any other
committee of Congress specified for submittal in the provision con-
cerned, to the following committees or subcommittees of Congress,
as appropriate:
(1) The Committee on Armed Services, the Subcommittee
on Defense of the Committee on Appropriations, and the Select
Committee on Intelligence of the Senate.
(2) The Committee on Armed Services, the Subcommittee
on Defense of the Committee on Appropriations, and the Perma-
nent Select Committee on Intelligence of the House of Rep-
resentatives.
TITLE 
II—CENTRAL 
INTELLIGENCE
AGENCY 
RETIREMENT 
AND 
DIS-
ABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intel-
ligence Agency Retirement and Disability Fund for fiscal year 2005
the sum of $239,400,000.
TITLE III—GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retire-
ment, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary
for increases in such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or
the laws of the United States.
50 USC 415b
note.
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118 STAT. 3944
PUBLIC LAW 108–487—DEC. 23, 2004
SEC. 303. CHIEF INFORMATION OFFICER.
(a) ESTABLISHMENT.—(1) Title I of the National Security Act
of 1947, as amended by section 1011(a) of the National Security
Intelligence Reform Act of 2004, is further amended by inserting
after section 103F the following new section:
‘‘CHIEF INFORMATION OFFICER
‘‘SEC. 103G. (a) CHIEF INFORMATION OFFICER.—To assist the
Director of National Intelligence in carrying out the responsibilities
of the Director under this Act and other applicable provisions of
law, there shall be within the Office of the Director of National
Intelligence a Chief Information Officer who shall be appointed
by the President, by and with the advice and consent of the Senate.
‘‘(b) CHIEF INFORMATION OFFICER OF INTELLIGENCE COMMU-
NITY.—The Chief Information Officer shall serve as the chief
information officer of the intelligence community.
‘‘(c) DUTIES AND RESPONSIBILITIES.—Subject to the direction
of the Director of National Intelligence, the Chief Information
Officer shall—
‘‘(1) manage activities relating to the information tech-
nology infrastructure and enterprise architecture requirements
of the intelligence community;
‘‘(2) have procurement approval authority over all informa-
tion technology items related to the enterprise architectures
of all intelligence community components;
‘‘(3) direct and manage all information technology-related
procurement for the intelligence community; and
‘‘(4) ensure that all expenditures for information technology
and research and development activities are consistent with
the intelligence community enterprise architecture and the
strategy of the Director for such architecture.
‘‘(d) PROHIBITION ON SIMULTANEOUS SERVICE AS OTHER CHIEF
INFORMATION OFFICER.—An individual serving in the position of
Chief Information Officer may not, while so serving, serve as the
chief information officer of any other department or agency, or
component thereof, of the United States Government.’’.
(2) The table of contents in the first section of the National
Security Act of 1947, as amended by the National Security Intel-
ligence Reform Act of 2004, is further amended by inserting after
the item relating to section 103F the following new item:
‘‘Sec. 103G. Chief Information Officer.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the effective date of the National Security
Intelligence Reform Act of 2004, as provided in section 801 of
this Act.
SEC. 304. IMPROVEMENT OF AUTHORITIES RELATING TO NATIONAL
VIRTUAL TRANSLATION CENTER.
(a) FUNCTION
OF CENTER.—Section 313 of the Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107–306; 116
Stat. 2391; 50 U.S.C. 404n) is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new sub-
section (c):
50 USC 403–3g
note.
President.
Congress.
50 USC 403–3g.
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118 STAT. 3945
PUBLIC LAW 108–487—DEC. 23, 2004
‘‘(c) FUNCTION.—The element established under subsection (a)
shall provide for timely and accurate translations of foreign intel-
ligence for all elements of the intelligence community through—
‘‘(1) the integration of the translation capabilities of the
intelligence community;
‘‘(2) the use of remote-connection capabilities; and
‘‘(3) the use of such other capabilities as the Director con-
siders appropriate.’’.
(b) LOCATION OF DISCHARGE OF FUNCTION.—Subsection (d) of
such section, as so redesignated, is amended by adding at the
end the following new paragraph:
‘‘(3) Personnel of the element established under subsection (a)
may carry out the duties and functions of the element at any
location that—
‘‘(A) has been certified as a secure facility by a department
or agency of the United States Government; or
‘‘(B) the Director has otherwise determined to be appro-
priate for such duties and functions’’.
SEC. 305. INTELLIGENCE ASSESSMENT ON SANCTUARIES FOR TERROR-
ISTS.
(a) ASSESSMENT REQUIRED.—Not later than the date specified
in subsection (b), the Director of National Intelligence shall submit
to Congress an intelligence assessment that identifies and describes
each country or region that is a sanctuary for terrorists or terrorist
organizations. The assessment shall be based on current all-source
intelligence.
(b) SUBMITTAL DATE.—The date of the submittal of the intel-
ligence assessment required by subsection (a) shall be the earlier
of—
(1) the date that is six months after the date of the enact-
ment of this Act; or
(2) June 1, 2005.
SEC. 306. SENSE OF CONGRESS ON AVAILABILITY TO CONGRESS OF
INFORMATION ON IRAQ OIL-FOR-FOOD PROGRAM OF THE
UNITED NATIONS.
It is the sense of Congress that the head of each element
of the intelligence community, including the Central Intelligence
Agency, the Federal Bureau of Investigation, and the intelligence
elements of the Department of Defense, the Department of State,
and the Department of the Treasury should make available to
any committee of Congress with jurisdiction over matters relating
to the Office of the Iraq Oil-for-Food Program of the United Nations,
upon the request of such committee, any information and documents
in the possession or control of such element in connection with
any investigation of that Office by such committee.
TITLE IV—CENTRAL INTELLIGENCE
AGENCY
SEC. 401. PERMANENT EXTENSION OF CENTRAL INTELLIGENCE
AGENCY VOLUNTARY SEPARATION INCENTIVE PRO-
GRAM.
(a) IN GENERAL.—Section 2 of the Central Intelligence Agency
Voluntary Separation Pay Act (50 U.S.C. 403–4 note) is amended—
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118 STAT. 3946
PUBLIC LAW 108–487—DEC. 23, 2004
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(b) TERMINATION
OF FUNDS REMITTANCE REQUIREMENT.—(1)
Section 2 of such Act is further amended by striking subsection
(i).
(2) Section 4(a)(2)(B)(ii) of the Federal Workforce Restructuring
Act of 1994 (5 U.S.C. 8331 note) is amended by striking ‘‘, or
section 2 of the Central Intelligence Agency Voluntary Separation
Pay Act (Public Law 103–36; 107 Stat. 104)’’.
SEC. 402. INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT
AUTHORITY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a
et seq.) is amended by adding at the end the following:
‘‘INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT AUTHORITY
‘‘SEC. 23. (a) DEFINITIONS.—In this section—
‘‘(1) the term ‘designated employee’ means an employee
designated by the Director of the Central Intelligence Agency
under subsection (b); and
‘‘(2) the term ‘Federal retirement system’ includes the Cen-
tral Intelligence Agency Retirement and Disability System, and
the Federal Employees’ Retirement System (including the Thrift
Savings Plan).
‘‘(b) IN GENERAL.—
‘‘(1) AUTHORITY.—Notwithstanding any other provision of
law, the Director of the Central Intelligence Agency may exer-
cise the authorities under this section in order to—
‘‘(A) protect from unauthorized disclosure—
‘‘(i) intelligence operations;
‘‘(ii) the identities of undercover intelligence offi-
cers;
‘‘(iii) intelligence sources and methods; or
‘‘(iv) intelligence cover mechanisms; or
‘‘(B) meet the special requirements of work related
to collection of foreign intelligence or other authorized
activities of the Agency.
‘‘(2) DESIGNATION OF EMPLOYEES.—The Director of the Cen-
tral Intelligence Agency may designate any employee of the
Agency who is under nonofficial cover to be an employee to
whom this section applies. Such designation may be made
with respect to any or all authorities exercised under this
section.
‘‘(c) COMPENSATION.—The Director of the Central Intelligence
Agency may pay a designated employee salary, allowances, and
other benefits in an amount and in a manner consistent with
the nonofficial cover of that employee, without regard to any limita-
tion that is otherwise applicable to a Federal employee. A des-
ignated employee may accept, utilize, and, to the extent authorized
by regulations prescribed under subsection (i), retain any salary,
allowances, and other benefits provided under this section.
‘‘(d) RETIREMENT BENEFITS.—
‘‘(1) IN GENERAL.—The Director of the Central Intelligence
Agency may establish and administer a nonofficial cover
employee retirement system for designated employees (and the
spouse, former spouses, and survivors of such designated
50 USC 403w.
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118 STAT. 3947
PUBLIC LAW 108–487—DEC. 23, 2004
employees). A designated employee may not participate in the
retirement system established under this paragraph and
another Federal retirement system at the same time.
‘‘(2) CONVERSION TO OTHER FEDERAL RETIREMENT SYSTEM.—
‘‘(A) IN GENERAL.—A designated employee participating
in the retirement system established under paragraph (1)
may convert to coverage under the Federal retirement
system which would otherwise apply to that employee at
any appropriate time determined by the Director of the
Central Intelligence Agency (including at the time of sepa-
ration of service by reason of retirement), if the Director
of the Central Intelligence Agency determines that the
employee’s participation in the retirement system estab-
lished under this subsection is no longer necessary to pro-
tect from unauthorized disclosure—
‘‘(i) intelligence operations;
‘‘(ii) the identities of undercover intelligence offi-
cers;
‘‘(iii) intelligence sources and methods; or
‘‘(iv) intelligence cover mechanisms.
‘‘(B) CONVERSION
TREATMENT.—Upon a conversion
under this paragraph—
‘‘(i) all periods of service under the retirement
system established under this subsection shall be
deemed periods of creditable service under the
applicable Federal retirement system;
‘‘(ii) the Director of the Central Intelligence Agency
shall transmit an amount for deposit in any applicable
fund of that Federal retirement system that—
‘‘(I) is necessary to cover all employee and
agency contributions including—
‘‘(aa) interest as determined by the head
of the agency administering the Federal retire-
ment system into which the employee is con-
verting; or
‘‘(bb) in the case of an employee converting
into 
the 
Federal 
Employees’ 
Retirement
System, interest as determined under section
8334(e) of title 5, United States Code; and
‘‘(II) ensures that such conversion does not
result in any unfunded liability to that fund; and
‘‘(iii) in the case of a designated employee who
participated in an employee investment retirement
system established under paragraph (1) and is con-
verted to coverage under subchapter III of chapter
84 of title 5, United States Code, the Director of the
Central Intelligence Agency may transmit any or all
amounts of that designated employee in that employee
investment retirement system (or similar part of that
retirement system) to the Thrift Savings Fund.
‘‘(C) TRANSMITTED AMOUNTS.—
‘‘(i) 
IN
GENERAL.—Amounts 
described 
under
subparagraph (B)(ii) shall be paid from the fund or
appropriation used to pay the designated employee.
‘‘(ii) OFFSET.—The Director of the Central Intel-
ligence Agency may use amounts contributed by the
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118 STAT. 3948
PUBLIC LAW 108–487—DEC. 23, 2004
designated employee to a retirement system estab-
lished under paragraph (1) to offset amounts paid
under clause (i).
‘‘(D) RECORDS.—The Director of the Central Intel-
ligence Agency shall transmit all necessary records relating
to a designated employee who converts to a Federal retire-
ment system under this paragraph (including records
relating to periods of service which are deemed to be
periods of creditable service under subparagraph (B)) to
the head of the agency administering that Federal retire-
ment system.
‘‘(e) HEALTH INSURANCE BENEFITS.—
‘‘(1) IN GENERAL.—The Director of the Central Intelligence
Agency may establish and administer a nonofficial cover
employee health insurance program for designated employees
(and the family of such designated employees). A designated
employee may not participate in the health insurance program
established under this paragraph and the program under
chapter 89 of title 5, United States Code, at the same time.
‘‘(2) CONVERSION TO FEDERAL EMPLOYEES HEALTH BENEFITS
PROGRAM.—
‘‘(A) IN GENERAL.—A designated employee participating
in the health insurance program established under para-
graph (1) may convert to coverage under the program under
chapter 89 of title 5, United States Code, at any appropriate
time determined by the Director of the Central Intelligence
Agency (including at the time of separation of service by
reason of retirement), if the Director of the Central Intel-
ligence Agency determines that the employee’s participa-
tion in the health insurance program established under
this subsection is no longer necessary to protect from
unauthorized disclosure—
‘‘(i) intelligence operations;
‘‘(ii) the identities of undercover intelligence offi-
cers;
‘‘(iii) intelligence sources and methods; or
‘‘(iv) intelligence cover mechanisms.
‘‘(B) CONVERSION
TREATMENT.—Upon a conversion
under this paragraph—
‘‘(i) the employee (and family, if applicable) shall
be entitled to immediate enrollment and coverage
under chapter 89 of title 5, United States Code;
‘‘(ii) any requirement of prior enrollment in a
health benefits plan under chapter 89 of that title
for continuation of coverage purposes shall not apply;
‘‘(iii) the employee shall be deemed to have had
coverage under chapter 89 of that title from the first
opportunity to enroll for purposes of continuing cov-
erage as an annuitant; and
‘‘(iv) the Director of the Central Intelligence
Agency shall transmit an amount for deposit in the
Employees’ Health Benefits Fund that is necessary
to cover any costs of such conversion.
‘‘(C) TRANSMITTED AMOUNTS.—Any amount described
under subparagraph (B)(iv) shall be paid from the fund
or appropriation used to pay the designated employee.
‘‘(f) LIFE INSURANCE BENEFITS.—
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118 STAT. 3949
PUBLIC LAW 108–487—DEC. 23, 2004
‘‘(1) IN GENERAL.—The Director of the Central Intelligence
Agency may establish and administer a nonofficial cover
employee life insurance program for designated employees (and
the family of such designated employees). A designated
employee may not participate in the life insurance program
established under this paragraph and the program under
chapter 87 of title 5, United States Code, at the same time.
‘‘(2) CONVERSION
TO
FEDERAL
EMPLOYEES
GROUP
LIFE
INSURANCE PROGRAM.—
‘‘(A) IN GENERAL.—A designated employee participating
in the life insurance program established under paragraph
(1) may convert to coverage under the program under
chapter 87 of title 5, United States Code, at any appropriate
time determined by the Director of the Central Intelligence
Agency (including at the time of separation of service by
reason of retirement), if the Director of the Central Intel-
ligence Agency determines that the employee’s participa-
tion in the life insurance program established under this
subsection is no longer necessary to protect from unauthor-
ized disclosure—
‘‘(i) intelligence operations;
‘‘(ii) the identities of undercover intelligence offi-
cers;
‘‘(iii) intelligence sources and methods; or
‘‘(iv) intelligence cover mechanisms.
‘‘(B) CONVERSION
TREATMENT.—Upon a conversion
under this paragraph—
‘‘(i) the employee (and family, if applicable) shall
be entitled to immediate coverage under chapter 87
of title 5, United States Code;
‘‘(ii) any requirement of prior enrollment in a life
insurance program under chapter 87 of that title for
continuation of coverage purposes shall not apply;
‘‘(iii) the employee shall be deemed to have had
coverage under chapter 87 of that title for the full
period of service during which the employee would
have been entitled to be insured for purposes of con-
tinuing coverage as an annuitant; and
‘‘(iv) the Director of the Central Intelligence
Agency shall transmit an amount for deposit in the
Employees’ Life Insurance Fund that is necessary to
cover any costs of such conversion.
‘‘(C) TRANSMITTED AMOUNTS.—Any amount described
under subparagraph (B)(iv) shall be paid from the fund
or appropriation used to pay the designated employee.
‘‘(g) EXEMPTION FROM CERTAIN REQUIREMENTS.—The Director
of the Central Intelligence Agency may exempt a designated
employee from mandatory compliance with any Federal regulation,
rule, standardized administrative policy, process, or procedure that
the Director of the Central Intelligence Agency determines—
‘‘(1) would be inconsistent with the nonofficial cover of
that employee; and
‘‘(2) could expose that employee to detection as a Federal
employee.
‘‘(h) TAXATION AND SOCIAL SECURITY.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, a designated employee—
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118 STAT. 3950
PUBLIC LAW 108–487—DEC. 23, 2004
‘‘(A) shall file a Federal or State tax return as if that
employee is not a Federal employee and may claim and
receive the benefit of any exclusion, deduction, tax credit,
or other tax treatment that would otherwise apply if that
employee was not a Federal employee, if the Director of
the Central Intelligence Agency determines that taking
any action under this paragraph is necessary to—
‘‘(i) protect from unauthorized disclosure—
‘‘(I) intelligence operations;
‘‘(II) the identities of undercover intelligence
officers;
‘‘(III) intelligence sources and methods; or
‘‘(IV) intelligence cover mechanisms; and
‘‘(ii) meet the special requirements of work related
to collection of foreign intelligence or other authorized
activities of the Agency; and
‘‘(B) shall receive social security benefits based on the
social security contributions made.
‘‘(2) INTERNAL REVENUE SERVICE REVIEW.—The Director of
the Central Intelligence Agency shall establish procedures to
carry out this subsection. The procedures shall be subject to
periodic review by the Internal Revenue Service.
‘‘(i) REGULATIONS.—The Director of the Central Intelligence
Agency shall prescribe regulations to carry out this section. The
regulations shall ensure that the combination of salary, allowances,
and benefits that an employee designated under this section may
retain does not significantly exceed, except to the extent determined
by the Director of the Central Intelligence Agency to be necessary
to exercise the authority in subsection (b), the combination of salary,
allowances, and benefits otherwise received by Federal employees
not designated under this section.
‘‘(j) FINALITY OF DECISIONS.—Any determinations authorized
by this section to be made by the Director of the Central Intelligence
Agency or the Director’s designee shall be final and conclusive
and shall not be subject to review by any court.
‘‘(k) SUBSEQUENTLY ENACTED LAWS.—No law enacted after the
effective date of this section shall affect the authorities and provi-
sions of this section unless such law specifically refers to this
section.’’.
TITLE V—DEPARTMENT OF DEFENSE
INTELLIGENCE MATTERS
SEC. 501. NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES
PANEL.
The National Security Agency Act of 1959 (50 U.S.C. 402 note)
is amended by adding at the end the following new section:
‘‘SEC. 19. (a) There is established the National Security Agency
Emerging Technologies Panel. The Panel is a standing panel of
the National Security Agency. The Panel shall be appointed by,
and shall report directly to, the Director of the National Security
Agency.
‘‘(b) The Panel shall study and assess, and periodically advise
the Director on, the research, development, and application of
existing and emerging science and technology advances, advances
in encryption, and other topics.
Establishment.
Procedures.
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118 STAT. 3951
PUBLIC LAW 108–487—DEC. 23, 2004
‘‘(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply with respect to the Panel.’’.
SEC. 
502. 
USE 
OF 
FUNDS 
FOR 
COUNTERDRUG 
AND
COUNTERTERRORISM ACTIVITIES FOR COLOMBIA.
(a) AUTHORITY.—Funds designated for intelligence or intel-
ligence-related purposes for assistance to the Government of
Colombia for counterdrug activities for fiscal year 2005 or 2006,
and any unobligated funds available to any element of the intel-
ligence community for such activities for a prior fiscal year, shall
be available—
(1) to support a unified campaign by the Government of
Colombia against narcotics trafficking and against activities
by organizations designated as terrorist organizations (such
as the Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), and the United Self-Defense
Forces of Colombia (AUC)); and
(2) to take actions to protect human health and welfare
in emergency circumstances, including the undertaking of
rescue operations.
(b) APPLICABILITY OF CERTAIN LAWS AND LIMITATIONS.—The
use of funds pursuant to the authority in subsection (a) shall
be subject to the following:
(1) Section 556, 567, and 568 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2002 (Public Law 107–115; 115 Stat. 2160, 2165, and 2166).
(2) Section 8076 of the Department of Defense Appropria-
tions Act, 2005 (Public Law 108–287; 118 Stat. 988).
(3) The numerical limitations on the number of United
States military personnel and United States individual civilian
contractors contained in section 1021(c) of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108–375; 118 Stat. 2042).
(c) LIMITATION
ON PARTICIPATION
OF UNITED STATES PER-
SONNEL.—No United States Armed Forces personnel or United
States civilian contractor employed by the United States Armed
Forces may participate in any combat operation in connection with
assistance made available under this section, except for the purpose
of acting in self defense or during the course of search and rescue
operations for United States citizens.
TITLE VI—EDUCATION
Subtitle A—National Security Education
Program
SEC. 601. ANNUAL FUNDING.
(a) IN GENERAL.—Section 810 of the David L. Boren National
Security Education Act of 1991 (50 U.S.C. 1910) is amended by
adding at the end the following new subsection:
‘‘(c) FUNDING FROM INTELLIGENCE COMMUNITY MANAGEMENT
ACCOUNT FOR FISCAL YEARS BEGINNING WITH FISCAL YEAR 2005.—
In addition to amounts that may be made available to the Secretary
under the Fund for a fiscal year, the Director of National Intel-
ligence shall transfer to the Secretary from amounts appropriated
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118 STAT. 3952
PUBLIC LAW 108–487—DEC. 23, 2004
for the Intelligence Community Management Account for each fiscal
year, beginning with fiscal year 2005, $8,000,000 to carry out the
scholarship, fellowship, and grant programs under subparagraphs
(A), (B), and (C), respectively, of section 802(a)(1).’’.
(b) CONFORMING AMENDMENT.—Section 802(a)(2) of that Act
(50 U.S.C. 1902(a)(2)) is amended in the matter preceding subpara-
graph (A) by inserting ‘‘or from a transfer under section 810(c)’’
after ‘‘National Security Education Trust Fund’’.
SEC. 602. IMPROVEMENTS TO NATIONAL FLAGSHIP LANGUAGE INITIA-
TIVE.
(a) REQUIREMENT FOR EMPLOYMENT AGREEMENTS.—(1) Section
802(i) of the David L. Boren National Security Education Act of
1991 (50 U.S.C. 1902(i)) is amended by adding at the end the
following new paragraphs:
‘‘(5) An undergraduate or graduate student who participates
in training in a program under paragraph (1) and has not already
entered into a service agreement under subsection (b) shall enter
into a service agreement under subsection (b) applicable to an
undergraduate or graduate student, as the case may be, with respect
to participation in such training in a program under paragraph
(1).
‘‘(6)(A) An employee of a department or agency of the Federal
Government who participates in training in a program under para-
graph (1) shall agree in writing—
‘‘(i) to continue in the service of the department or agency
of the Federal Government employing the employee for the
period of such training;
‘‘(ii) to continue in the service of such department or agency,
following completion by the employee of such training, for a
period of two years for each year, or part of the year, of
such training;
‘‘(iii) if, before the completion by the employee of such
training, the employment of the employee is terminated by
such department or agency due to misconduct by the employee,
or by the employee voluntarily, to reimburse the United States
for the total cost of such training (excluding the employee’s
pay and allowances) provided to the employee; and
‘‘(iv) if, after the completion by the employee of such
training but before the completion by the employee of the
period of service required by clause (ii), the employment of
the employee by such department or agency is terminated
either by such department or agency due to misconduct by
the employee, or by the employee voluntarily, to reimburse
the United States in an amount that bears the same ratio
to the total cost of such training (excluding the employee’s
pay and allowances) provided to the employee as the unserved
portion of such period of service bears to the total period of
service required by clause (ii).
‘‘(C) Subject to subparagraph (D), the obligation to reimburse
the United States under an agreement under subparagraph (A)
is for all purposes a debt owing the United States.
‘‘(D) The head of the element of the intelligence community
concerned may release an employee, in whole or in part, from
the obligation to reimburse the United States under an agreement
under subparagraph (A) when, in the discretion of the head of
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118 STAT. 3953
PUBLIC LAW 108–487—DEC. 23, 2004
the element, the head of the element determines that equity or
the interests of the United States so require.’’.
(2) The amendment made by paragraph (1) shall apply to
training under section 802(i) of the David L. Boren National Secu-
rity Act of 1991 that begins on or after the date that is 90 days
after the date of the enactment of this Act.
(b) INCREASE IN ANNUAL FUNDING.—Section 811 of that Act
(50 U.S.C. 1911) is amended by striking subsection (b) and inserting
the following new subsections:
‘‘(b) FUNDING FROM INTELLIGENCE COMMUNITY MANAGEMENT
ACCOUNT FOR FISCAL YEARS BEGINNING WITH FISCAL YEAR 2005.—
In addition to amounts that may be made available to the Secretary
under the Fund for a fiscal year, the Director of National Intel-
ligence shall transfer to the Secretary from amounts appropriated
for the Intelligence Community Management Account for each fiscal
year, beginning with fiscal year 2005, $6,000,000 to carry out the
grant program for the National Flagship Language Initiative under
section 802(a)(1)(D).
‘‘(c) AVAILABILITY
OF APPROPRIATED FUNDS.—Amounts made
available under this section shall remain available until expended.’’.
(c) INCREASE
IN
NUMBER
OF
PARTICIPATING
EDUCATIONAL
INSTITUTIONS.—The Secretary of Defense shall take such actions
as the Secretary considers appropriate to increase the number
of qualified educational institutions that receive grants under the
National Flagship Language Initiative under section 802(i) of the
David L. Boren National Security Education Act of 1991 to estab-
lish, operate, or improve activities designed to train students in
programs in a range of disciplines to achieve advanced levels of
proficiency in those foreign languages that the Secretary identifies
as being the most critical to the national security of the United
States.
(d) CLARIFICATION
OF
AUTHORITY
TO
SUPPORT
STUDIES
ABROAD.—Educational institutions that receive grants under the
National Flagship Language Initiative may support students who
pursue total immersion foreign language studies overseas of foreign
languages that are critical to the national security of the United
States.
SEC. 603. SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE STUDIES
FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED
STATES WITHIN NATIONAL SECURITY EDUCATION PRO-
GRAM.
(a) SCHOLARSHIP PROGRAM.—(1) Subsection (a)(1) of section
802 of the David L. Boren National Security Education Act of
1991 (50 U.S.C. 1902) is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph
(D) and inserting ‘‘; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(E) awarding scholarships to students who—
‘‘(i) are United States citizens who—
‘‘(I) are native speakers (referred to as ‘herit-
age community citizens’) of a foreign language that
is identified as critical to the national security
interests of the United States who should be
actively recruited for employment by Federal secu-
rity agencies with a need for linguists; and
50 USC 1902
note.
50 USC 1902
note.
Applicability.
50 USC 1902
note.
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118 STAT. 3954
PUBLIC LAW 108–487—DEC. 23, 2004
‘‘(II) are not proficient at a professional level
in the English language with respect to reading,
writing, and other skills required to carry out the
national security interests of the United States,
as determined by the Secretary,
to enable such students to pursue English language
studies at an institution of higher education of the
United States to attain proficiency in those skills; and
‘‘(ii) enter into an agreement to work in a position
in a similar manner (as determined by the Secretary)
as agreements entered into pursuant to subsection
(b)(2)(A).’’.
(2) The matter following subsection (a)(2) of such section is
amended—
(A) in the first sentence, by inserting ‘‘or for the scholarship
program under paragraph (1)(E)’’ after ‘‘under paragraph (1)(D)
for the National Flagship Language Initiative described in sub-
section (i)’’; and
(B) by adding at the end the following: ‘‘For the authoriza-
tion of appropriations for the scholarship program under para-
graph (1)(E), see section 812.’’.
(3) Section 803(d)(4)(E) of such Act (50 U.S.C. 1903(d)(4)(E))
is amended by inserting before the period the following: ‘‘and section
802(a)(1)(E) (relating to the scholarship program for advanced
English language studies by heritage community citizens)’’.
(b) FUNDING.—The David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1901 et seq.) is amended by adding at
the end the following new section:
‘‘SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR ADVANCED
ENGLISH LANGUAGE STUDIES BY HERITAGE COMMUNITY
CITIZENS.
‘‘(a) FUNDING FROM INTELLIGENCE COMMUNITY MANAGEMENT
ACCOUNT.—In addition to amounts that may be made available
to the Secretary under the Fund for a fiscal year, the Director
of National Intelligence shall transfer to the Secretary from
amounts appropriated for the Intelligence Community Management
Account for each fiscal year, beginning with fiscal year 2005,
$2,000,000 to carry out the scholarship programs for English lan-
guage studies by certain heritage community citizens under section
802(a)(1)(E).
‘‘(b) AVAILABILITY OF FUNDS.—Amounts made available under
subsection (a) shall remain available until expended.’’.
Subtitle B—Improvement in Intelligence
Community Foreign Language Skills
SEC. 611. FOREIGN LANGUAGE PROFICIENCY FOR CERTAIN SENIOR
LEVEL POSITIONS IN THE CENTRAL INTELLIGENCE
AGENCY.
(a) IN GENERAL.—Section 104A of the National Security Act
of 1947, amended by section 1011(a) of the National Security Intel-
ligence Reform Act of 2004, is further amended by adding at the
end the following new subsection:
‘‘(g) FOREIGN LANGUAGE PROFICIENCY
FOR CERTAIN SENIOR
LEVEL POSITIONS IN CENTRAL INTELLIGENCE AGENCY.—(1) Except
50 USC 403–4a.
50 USC 1912.
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118 STAT. 3955
PUBLIC LAW 108–487—DEC. 23, 2004
as provided pursuant to paragraph (2), an individual may not
be appointed to a position in the Senior Intelligence Service in
the Directorate of Intelligence or the Directorate of Operations
of the Central Intelligence Agency unless the Director of the Central
Intelligence Agency determines that the individual—
‘‘(A) has been certified as having a professional speaking
and reading proficiency in a foreign language, such proficiency
being at least level 3 on the Interagency Language Roundtable
Language Skills Level or commensurate proficiency level using
such other indicator of proficiency as the Director of the Central
Intelligence Agency considers appropriate; and
‘‘(B) is able to effectively communicate the priorities of
the United States and exercise influence in that foreign lan-
guage.
‘‘(2) The Director of the Central Intelligence Agency may, in
the discretion of the Director, waive the application of paragraph
(1) to any position or category of positions otherwise covered by
that paragraph if the Director determines that foreign language
proficiency is not necessary for the successful performance of the
duties and responsibilities of such position or category of positions.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to appointments made on or after the
date that is one year after the date of the enactment of this
Act.
(c) REPORT ON WAIVERS.—The Director of the Central Intel-
ligence Agency shall submit to Congress a report that identifies
positions within the Senior Intelligence Service in the Directorate
of Intelligence or the Directorate of Operations of the Central Intel-
ligence Agency that are determined by the Director to require
waiver from the requirements of section 104A(g) of the National
Security Act of 1947, as added by subsection (a). The report shall
include a rationale for any waiver granted under section 104A(g)(2),
as so added, for each position or category of positions so identified.
SEC. 612. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE
INTELLIGENCE COMMUNITY.
(a) IN GENERAL.—Title X of the National Security Act of 1947
(50 U.S.C. 441g) is amended—
(1) by inserting before section 1001 (50 U.S.C. 441g) the
following:
‘‘SUBTITLE A—SCIENCE AND TECHNOLOGY’’;
and
(2) by adding at the end the following new subtitles:
‘‘SUBTITLE B—FOREIGN LANGUAGES PROGRAM
‘‘PROGRAM ON ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO
THE INTELLIGENCE COMMUNITY
‘‘SEC. 1011. (a) IN GENERAL.—The Secretary of Defense and
the Director of National Intelligence may jointly carry out a program
to advance skills in foreign languages that are critical to the capa-
bility of the intelligence community to carry out the national secu-
rity activities of the United States (hereinafter in this subtitle
referred to as the ‘Foreign Languages Program’).
50 USC 441j.
50 USC 403–4a
note.
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118 STAT. 3956
PUBLIC LAW 108–487—DEC. 23, 2004
‘‘(b) IDENTIFICATION OF REQUISITE ACTIONS.—In order to carry
out the Foreign Languages Program, the Secretary of Defense and
the Director of National Intelligence shall jointly identify actions
required to improve the education of personnel in the intelligence
community in foreign languages that are critical to the capability
of the intelligence community to carry out the national security
activities of the United States and to meet the long-term intelligence
needs of the United States.
‘‘EDUCATION PARTNERSHIPS
‘‘SEC. 1012. (a) IN GENERAL.—In carrying out the Foreign Lan-
guages Program, the head of a covered element of the intelligence
community may enter into one or more education partnership agree-
ments with educational institutions in the United States in order
to encourage and enhance the study in such educational institutions
of foreign languages that are critical to the capability of the intel-
ligence community to carry out the national security activities of
the United States.
‘‘(b) ASSISTANCE PROVIDED UNDER EDUCATIONAL PARTNERSHIP
AGREEMENTS.—Under 
an 
educational 
partnership 
agreement
entered into with an educational institution pursuant to this section,
the head of a covered element of the intelligence community may
provide the following assistance to the educational institution:
‘‘(1) The loan of equipment and instructional materials
of the element of the intelligence community to the educational
institution for any purpose and duration that the head of the
element considers appropriate.
‘‘(2) Notwithstanding any other provision of law relating
to the transfer of surplus property, the transfer to the edu-
cational institution of any computer equipment, or other equip-
ment, that is—
‘‘(A) commonly used by educational institutions;
‘‘(B) surplus to the needs of the element of the intel-
ligence community; and
‘‘(C) determined by the head of the element to be
appropriate for support of such agreement.
‘‘(3) The provision of dedicated personnel to the educational
institution—
‘‘(A) to teach courses in foreign languages that are
critical to the capability of the intelligence community to
carry out the national security activities of the United
States; or
‘‘(B) to assist in the development for the educational
institution of courses and materials on such languages.
‘‘(4) The involvement of faculty and students of the edu-
cational institution in research projects of the element of the
intelligence community.
‘‘(5) Cooperation with the educational institution in devel-
oping a program under which students receive academic credit
at the educational institution for work on research projects
of the element of the intelligence community.
‘‘(6) The provision of academic and career advice and assist-
ance to students of the educational institution.
‘‘(7) The provision of cash awards and other items that
the head of the element of the intelligence community considers
appropriate.
50 USC 441j–1.
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118 STAT. 3957
PUBLIC LAW 108–487—DEC. 23, 2004
‘‘VOLUNTARY SERVICES
‘‘SEC. 1013. (a) AUTHORITY TO ACCEPT SERVICES.—Notwith-
standing section 1342 of title 31, United States Code, and subject
to subsection (b), the Foreign Languages Program under section
1011 shall include authority for the head of a covered element
of the intelligence community to accept from any dedicated per-
sonnel voluntary services in support of the activities authorized
by this subtitle.
‘‘(b) REQUIREMENTS
AND LIMITATIONS.—(1) In accepting vol-
untary services from an individual under subsection (a), the head
of a covered element of the intelligence community shall—
‘‘(A) supervise the individual to the same extent as the
head of the element would supervise a compensated employee
of that element providing similar services; and
‘‘(B) ensure that the individual is licensed, privileged, has
appropriate educational or experiential credentials, or is other-
wise qualified under applicable law or regulations to provide
such services.
‘‘(2) In accepting voluntary services from an individual under
subsection (a), the head of a covered element of the intelligence
community may not—
‘‘(A) place the individual in a policymaking position, or
other position performing inherently governmental functions;
or
‘‘(B) compensate the individual for the provision of such
services.
‘‘(c) AUTHORITY TO RECRUIT AND TRAIN INDIVIDUALS PROVIDING
SERVICES.—The head of a covered element of the intelligence
community may recruit and train individuals to provide voluntary
services under subsection (a).
‘‘(d) STATUS OF INDIVIDUALS PROVIDING SERVICES.—(1) Subject
to paragraph (2), while providing voluntary services under sub-
section (a) or receiving training under subsection (c), an individual
shall be considered to be an employee of the Federal Government
only for purposes of the following provisions of law:
‘‘(A) Section 552a of title 5, United States Code (relating
to maintenance of records on individuals).
‘‘(B) Chapter 11 of title 18, United States Code (relating
to conflicts of interest).
‘‘(2)(A) With respect to voluntary services under paragraph
(1) provided by an individual that are within the scope of the
services accepted under that paragraph, the individual shall be
deemed to be a volunteer of a governmental entity or nonprofit
institution for purposes of the Volunteer Protection Act of 1997
(42 U.S.C. 14501 et seq.).
‘‘(B) In the case of any claim against such an individual with
respect to the provision of such services, section 4(d) of such Act
(42 U.S.C. 14503(d)) shall not apply.
‘‘(3) Acceptance of voluntary services under this section shall
have no bearing on the issuance or renewal of a security clearance.
‘‘(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—(1) The head
of a covered element of the intelligence community may reimburse
an individual for incidental expenses incurred by the individual
in providing voluntary services under subsection (a). The head
of a covered element of the intelligence community shall determine
50 USC 441j–2.
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118 STAT. 3958
PUBLIC LAW 108–487—DEC. 23, 2004
which expenses are eligible for reimbursement under this sub-
section.
‘‘(2) Reimbursement under paragraph (1) may be made from
appropriated or nonappropriated funds.
‘‘(f) AUTHORITY TO INSTALL EQUIPMENT.—(1) The head of a
covered element of the intelligence community may install telephone
lines and any necessary telecommunication equipment in the pri-
vate residences of individuals who provide voluntary services under
subsection (a).
‘‘(2) The head of a covered element of the intelligence commu-
nity may pay the charges incurred for the use of equipment installed
under paragraph (1) for authorized purposes.
‘‘(3) Notwithstanding section 1348 of title 31, United States
Code, the head of a covered element of the intelligence community
may use appropriated funds or nonappropriated funds of the ele-
ment in carrying out this subsection.
‘‘REGULATIONS
‘‘SEC. 1014. (a) IN GENERAL.—The Secretary of Defense and
the Director of National Intelligence shall jointly prescribe regula-
tions to carry out the Foreign Languages Program.
‘‘(b) ELEMENTS OF THE INTELLIGENCE COMMUNITY.—The head
of each covered element of the intelligence community shall pre-
scribe 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 vol-
untary services under section 1013.
‘‘(2) Procedures and requirements relating to the installa-
tion of equipment under section 1013(f).
‘‘DEFINITIONS
‘‘SEC. 1015. In this subtitle:
‘‘(1) The term ‘covered element of the intelligence commu-
nity’ means an agency, office, bureau, or element referred to
in subparagraphs (B) through (L) of section 3(4).
‘‘(2) The term ‘educational institution’ means—
‘‘(A) a local educational agency (as that term is defined
in section 9101(26) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801(26)));
‘‘(B) an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002) other than institutions referred to in subsection
(a)(1)(C) of such section); or
‘‘(C) any other nonprofit institution that provides
instruction of foreign languages in languages that are crit-
ical to the capability of the intelligence community to carry
out national security activities of the United States.
‘‘(3) The term ‘dedicated personnel’ means employees of
the intelligence community and private citizens (including
former civilian employees of the Federal Government who have
been voluntarily separated, and members of the United States
Armed Forces who have been honorably discharged, honorably
separated, or generally discharged under honorable cir-
cumstances and rehired on a voluntary basis specifically to
perform the activities authorized under this subtitle).
50 USC 441j–4.
50 USC 441j–3.
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PUBLIC LAW 108–487—DEC. 23, 2004
‘‘SUBTITLE C—ADDITIONAL EDUCATION PROVISIONS
‘‘ASSIGNMENT OF INTELLIGENCE COMMUNITY PERSONNEL AS
LANGUAGE STUDENTS
‘‘SEC. 1021. (a) IN GENERAL.—The Director of National Intel-
ligence, 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 accred-
ited professional, technical, or other institutions of higher education
for training at the graduate or undergraduate level in foreign lan-
guages required for the conduct of duties and responsibilities of
such positions.
‘‘(b) AUTHORITY
FOR REIMBURSEMENT
OF COSTS
OF TUITION
AND TRAINING.—(1) The Director of National Intelligence may
reimburse an employee assigned under subsection (a) for the total
cost of the training described in that subsection, including costs
of educational and supplementary reading materials.
‘‘(2) The authority under paragraph (1) shall apply to employees
who are assigned on a full-time or part-time basis.
‘‘(3) Reimbursement under paragraph (1) may be made from
appropriated or nonappropriated funds.
‘‘(c) RELATIONSHIP
TO
COMPENSATION
AS
AN
ANALYST.—
Reimbursement under this section to an employee who is an analyst
is in addition to any benefits, allowances, travel expenses, or other
compensation the employee is entitled to by reason of serving in
such an analyst position.’’.
(b) CLERICAL AMENDMENT.—The table of contents for the
National Security Act of 1947 is amended by striking the item
relating to section 1001 and inserting the following new items:
‘‘Subtitle A—Science and Technology
‘‘Sec. 1001. Scholarships and work-study for pursuit of graduate degrees in science
and technology.
‘‘Subtitle B—Foreign Languages Program
‘‘Sec. 1011. Program on advancement of foreign languages critical to the intel-
ligence 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 stu-
dents.’’.
SEC. 613. PILOT PROJECT ON CIVILIAN LINGUIST RESERVE CORPS.
(a) PILOT PROJECT.—The Director of National Intelligence shall
conduct a pilot project to assess the feasibility and advisability
of establishing a Civilian Linguist Reserve Corps comprised of
United States citizens with advanced levels of proficiency in foreign
languages who would be available upon the call of the Director
to perform such service or duties with respect to such foreign
languages in the intelligence community as the Director may
specify.
(b) CONDUCT OF PROJECT.—Taking into account the findings
and recommendations contained in the report required under section
325 of the Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107–306; 116 Stat. 2393), in conducting the pilot project
under subsection (a) the Director of National Intelligence shall—
50 USC 403–1b
note.
Applicability.
50 USC 441m.
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118 STAT. 3960
PUBLIC LAW 108–487—DEC. 23, 2004
(1) identify several foreign languages that are critical for
the national security of the United States;
(2) identify United States citizens with advanced levels
of proficiency in the foreign languages identified under para-
graph (1) who would be available to perform the services and
duties referred to in subsection (a); and
(3) when considered necessary by the Director, implement
a call for the performance of such services and duties.
(c) DURATION OF PROJECT.—The pilot project under subsection
(a) shall be conducted for a three-year period.
(d) AUTHORITY TO ENTER INTO CONTRACTS.—The Director of
National Intelligence may enter into contracts with appropriate
agencies or entities to carry out the pilot project under subsection
(a).
(e) REPORTS.—(1) The Director of National Intelligence shall
submit to Congress an initial and a final report on the pilot project
conducted under subsection (a).
(2) Each report required under paragraph (1) shall contain
information on the operation of the pilot project, the success of
the pilot project in carrying out the objectives of the establishment
of a Civilian Linguist Reserve Corps, and recommendations for
the continuation or expansion of the pilot project.
(3) The final report shall be submitted not later than six months
after the completion of the pilot project.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Director of National Intelligence for each
of fiscal years 2005, 2006, and 2007 in order to carry out the
pilot project under subsection (a) such sums as are specified in
the classified Schedule of Authorizations referred to in section 102.
SEC. 614. REPORT ON STATUS, CONSOLIDATION, AND IMPROVEMENT
OF INTELLIGENCE EDUCATION PROGRAMS.
(a) REPORT.—Not later than June 1, 2005, the Director of
National Intelligence shall submit to Congress a report setting
forth—
(1) the status of each intelligence education program,
including the statutory, regulatory, or administrative authority
under which such program is carried out; and
(2) such recommendations as the Director considers appro-
priate for legislative or administrative action to consolidate,
enhance the coordination of, or otherwise improve such intel-
ligence education programs.
(b) INTELLIGENCE EDUCATION PROGRAM DEFINED.—In this sec-
tion, the term ‘‘intelligence education program’’ means any grant,
scholarship, education, or similar program (whether authorized by
statute, regulation, or administrative order) that—
(1) is supported, funded, or carried out by a department,
agency, or element of the intelligence community; or
(2) is otherwise intended to aid in the recruitment, reten-
tion, or training of intelligence community personnel.
SEC. 615. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED
INSTRUCTORS OF THE DEFENSE LANGUAGE INSTITUTE.
(a) STUDY.—The Secretary of Defense shall conduct a study
on mechanisms to improve the recruitment and retention of quali-
fied foreign language instructors at the Foreign Language Center
of the Defense Language Institute. In conducting the study, the
Secretary shall consider, in the case of a foreign language instructor
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118 STAT. 3961
PUBLIC LAW 108–487—DEC. 23, 2004
who is an alien, the appropriateness of expeditious adjustment
of the status of the alien under applicable immigration law from
a temporary status to that of an alien lawfully admitted for perma-
nent residence.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the appropriate congressional committees a report on the study
conducted under subsection (a). The report shall include such rec-
ommendations for such legislative or administrative action as the
Secretary considers appropriate.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Select Committee on Intelligence and the Committee
on Armed Services of the Senate; and
(2) the Permanent Select Committee on Intelligence and
the Committee on Armed Services of the House of Representa-
tives.
TITLE VII—TERRORISM MATTERS
SEC. 701. INFORMATION ON TERRORIST GROUPS THAT SEEK WEAPONS
OF MASS DESTRUCTION AND GROUPS THAT HAVE BEEN
DESIGNATED AS FOREIGN TERRORIST ORGANIZATIONS.
(a) INCLUSION IN REPORTS.—Section 140 of the Foreign Rela-
tions Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f) is amended—
(1) in subsection (a)(2)—
(A) by inserting ‘‘any terrorist group known to have
obtained or developed, or to have attempted to obtain or
develop, weapons of mass destruction,’’ after ‘‘during the
preceding five years,’’; and
(B) by inserting ‘‘any group designated by the Secretary
as a foreign terrorist organization under section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189),’’ after
‘‘Export Administration Act of 1979,’’;
(2) in subsection (b)—
(A) in paragraph (1)(C)—
(i) in clause (iii), by striking ‘‘and’’ at the end;
(ii) by redesignating clause (iv) as clause (v); and
(iii) by inserting after clause (iii) the following
new clause (iv):
‘‘(iv) providing weapons of mass destruction, or
assistance in obtaining or developing such weapons,
to terrorists or terrorist groups;’’;
(B) in paragraph (2)—
(i) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (D), (E), and (F), respectively;
(ii) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C):
‘‘(C) efforts by those groups to obtain or develop
weapons of mass destruction;’’; and
(iii) in subparagraph (F), as so redesignated, by
striking the period and inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
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118 STAT. 3962
PUBLIC LAW 108–487—DEC. 23, 2004
‘‘(3) to the extent practicable, complete statistical informa-
tion on the number of individuals, including United States
citizens and dual nationals, killed, injured, or kidnapped by
each terrorist group during the preceding calendar year; and
‘‘(4) an analysis, as appropriate, of trends in international
terrorism, including changes in technology used, methods and
targets of attack, demographic information on terrorists, and
other appropriate information.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply beginning with the first report under section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988 and
1989 that is submitted more than one year after the date of the
enactment of this Act.
TITLE VIII—OTHER MATTERS
SEC. 801. EFFECTIVE DATE.
Except as otherwise expressly provided in this Act, this Act
(and the amendments made by this Act) shall take effect on the
date of the enactment of this Act.
SEC. 802. CONSTRUCTION OF REFERENCES TO DIRECTOR OF CENTRAL
INTELLIGENCE.
Except as otherwise specifically provided or otherwise provided
by context, any reference in this Act, or in the classified annex
to accompany this Act, to the Director of Central Intelligence shall
be deemed to be a reference to the Director of Central Intelligence
as head of the intelligence community.
SEC. 803. SAVINGS PROVISIONS RELATING TO DISCHARGE OF CERTAIN
FUNCTIONS AND AUTHORITIES.
(a) HEAD OF INTELLIGENCE COMMUNITY.—(1) During the period
beginning on the date of the enactment of this Act and ending
on the date of the appointment of the Director of National Intel-
ligence under section 102 of the National Security Act of 1947,
as amended by section 1011(a) of the National Security Intelligence
Reform Act of 2004, the Director of Central Intelligence may, acting
as the head of the intelligence community, discharge the functions
and authorities provided in this Act, and the amendments made
by this Act, to the Director of National Intelligence.
(2) During the period referred to in paragraph (1) any reference
in this Act or the amendments made by this Act to the Director
of National Intelligence shall be considered to be a reference to
the Director of Central Intelligence, as the head of the intelligence
community.
(3) Upon the appointment of an individual as Director of
National Intelligence under section 102 of the National Security
Act of 1947, as so amended, any reference in this Act, or in the
classified annex to accompany this Act, to the Director of Central
Intelligence as head of the intelligence community shall be deemed
to be a reference to the Director of National Intelligence.
(b) HEAD OF CENTRAL INTELLIGENCE AGENCY.—(1) During the
period beginning on the date of the enactment of this Act and
ending on the date of the appointment of the Director of the Central
Intelligence Agency under section 104A of the National Security
Act of 1947, as amended by section 1011(a) of the National Security
Intelligence Reform Act of 2004, the Director of Central Intelligence
Effective date.
Termination
date.
Effective date.
Termination
date.
50 USC 401 note.
50 USC 401 note.
22 USC 2656f
note.
22 USC 2656f
note.
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118 STAT. 3963
PUBLIC LAW 108–487—DEC. 23, 2004
LEGISLATIVE HISTORY—H.R. 4548 (S. 2386):
HOUSE REPORTS: Nos. 108–558 (Permanent Select Comm. on Intelligence) and
108–798 (Comm. of Conference).
SENATE REPORTS: Nos. 108–258 (Select Comm. on Intelligence) and 108–300
(Comm. on Armed Services), both accompanying S. 2386.
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 23, considered and passed House.
Oct. 11, considered and passed Senate, amended, in lieu of S. 2386.
Dec. 7, House agreed to conference report.
Dec. 8, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Dec. 23, Presidential statement.
may, acting as the head of the Central Intelligence Agency, dis-
charge the functions and authorities provided in this Act, and
the amendments made by this Act, to the Director of the Central
Intelligence Agency.
(2) Upon the appointment of an individual as Director of the
Central Intelligence Agency under section 104A of the National
Security Act of 1947, as so amended, any reference in this Act,
or in the classified annex to accompany this Act, to the Director
of Central Intelligence as head of the Central Intelligence Agency
shall be deemed to be a reference to the Director of the Central
Intelligence Agency.
Approved December 23, 2004.
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