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

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)

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Intelligence Community Language Capabilities Enhancement Act of 2004'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Assistant Director of Central Intelligence for Language and Education.

Sec. 4. Requirement for foreign language proficiency for advancement to senior level positions in the intelligence community.

Sec. 5. Advancement of foreign languages critical to the intelligence community.

Sec. 6. Pilot project for Civilian Linguist Reserve Corps.

Sec. 7. Codification of establishment of the National Virtual Translation Center.

Sec. 8. Report on recruitment and retention of qualified instructors of the Defense Language Institute.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) It is essential for the national security of the United States that the intelligence community attracts and retains adequate numbers of individuals whose skills include proficiency in foreign languages.

(2) In order to perform the assigned mission of gathering and producing foreign intelligence on matters of national interest, components of the intelligence community have a pressing need for personnel with highly developed skills in foreign language and culture.

(3) Numerous commissions, including the Hart-Rudman Commission on National Security in the 21st Century and the Select Committee on U.S. National Security on Military/Commercial Concerns with the People's Republic of China, have cited the critical national security requirement for greater foreign language expertise.

(4) The Subcommittee on Terrorism and Homeland Security of the Permanent Select Committee on Intelligence of the House of Representatives noted in its Report on Counterterrorism Intelligence Capability and Performance Prior to 9-11 that less than one-third of case officer trainees of the Central Intelligence Agency in a recent class have any language experience.

(5) The Joint Inquiry of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives regarding the terrorist attacks of September 11, 2001, recognized the critical importance of expanding the pool of personnel with language capabilities, and recommended the establishment of a robust Civilian Linguist Reserve Corps and the awarding of scholarships for the study of foreign language.

(6) Despite the pressing need for linguistic skills, the American Council on Education found that foreign language enrollments in United States higher education fell from 16 percent in 1960 to just 8 percent in 2004, and the number of 4-year colleges with foreign language entrance and graduation requirements also had declined.

(7) Existing public and private educational programs do not provide sufficient numbers of linguists qualified in Arabic, Chinese, Hindi, Japanese, Korean, Persian, Russian, Turkish and other critical languages.

(8) In addition to renewed emphasis on language instruction within the intelligence community, new and creative methods must be found to recruit linguists to serve in a national security capacity.

(9) The effort to recruit and retain skilled linguists requires the coordinated effort by the heads of all members of the intelligence and national security community.

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

(a) IN GENERAL- Section 102 of the National Security Act of 1947 (50 U.S.C. 403) is amended--

(1) by adding at the end the following new subsection:

`(i) ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE FOR LANGUAGE AND EDUCATION- (1) To assist the Director of Central Intelligence in carrying out the Director's responsibilities under this Act, there shall be an Assistant Director of Central Intelligence for Language and Education who shall be appointed by the President, by and with the advice and consent of the Senate.

`(2) The Assistant Director of Central Intelligence for Language and Education shall carry out the following duties:

`(A) Overseeing and coordinating requirements for foreign language education and training of the intelligence community.

`(B) Establishing policy, standards, and priorities relating to such requirements.

`(C) Identifying languages that are critical to the capability of the intelligence community to carry out national security activities of the United States.

`(D) Monitoring the allocation of resources for foreign language education and training in order to ensure the requirements of the intelligence community with respect to foreign language proficiency are met.';

(2) in subsection (d)(2) by adding at the end the following:

`(E) Through the Assistant Director of Central Intelligence for Language and Education, ensuring the foreign language education and training requirements of the intelligence community are met.'; and

(3) in subsection (e)(2)--

(A) by redesignating subparagraph (H) as subparagraph (I); and

(B) by inserting after subparagraph (G) the following new subparagraph (H):

`(H) The Assistant Director of Central Intelligence for Education and Language.'.

(b) REPORTS- Not later than 1 year after the date on which the Assistant Director of Central Intelligence for Language and Education is first appointed under section 102(i) of the National Security Act of 1947, as added by subsection (a), the Assistant Director shall submit to Congress the following reports:

(1) A report that identifies--

(A) skills and processes involved in learning a foreign language; and

(B) characteristics and teaching techniques that are most effective in teaching foreign languages.

(2)(A) A report that identifies foreign language heritage communities, particularly such communities that include speakers of languages that are critical to the national security of the United States.

(B) For purposes of subparagraph (A), the term `foreign language heritage community' means a community of residents or citizens of the United States--

(i) who are native speakers of, or who have fluency in, a foreign language; and

(ii) who should be actively recruited for employment by Federal security agencies with a need for linguists.

(3) A report on--

(A) the estimated cost of establishing a program under which the heads of elements of the intelligence community agree to repay employees of the intelligence community for any student loan taken out by that employee for the study of foreign languages critical for the national security of the United States; and

(B) the effectiveness of such a program in recruiting and retaining highly qualified personnel in the intelligence community.

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

(a) IN GENERAL- Section 104 of the National Security Act of 1947 (50 U.S.C. 403-4) is amended by adding at the end the following new subsection:

`(i) REQUIREMENT FOR FOREIGN LANGUAGE PROFICIENCY FOR CERTAIN SENIOR LEVEL POSITIONS IN THE CENTRAL INTELLIGENCE AGENCY- (1) An individual may not be appointed to a position in the Senior Intelligence Service in the Directorate of Intelligence or the Directorate of Operations of the Central Intelligence Agency unless the Director of Central Intelligence determines that the individual--

`(A) has been certified as having a professional speaking and reading proficiency in a foreign language, such proficiency being at least level 3 on the Interagency Language Roundtable Language Skills Level or commensurate proficiency level on such other indicator of proficiency as the Director determines to be appropriate; and

`(B) is able to effectively communicate the priorities of the United States and exercise influence in that foreign language.

`(2) The Director shall carry out this subsection through the Assistant Director of Central Intelligence for Language and Education.'.

(b) CONFORMING AMENDMENT- Subsection (i) of section 102 of the National Security Act of 1947 (50 U.S.C. 403), as added by section 3(a), is amended in paragraph (2) by adding at the end the following new subparagraph:

`(E) Making determinations under section 104(i).'.

(c) EFFECTIVE DATE- The amendments made by this section shall apply with respect to appointments made on or after the date that is one year after the date of the enactment of this Act.

(d) REPORT ON EXCEPTIONS- The Director of Central Intelligence shall submit to Congress a report that identifies positions within the Senior Intelligence Service in the Directorate of Intelligence or the Directorate of Operations of the Central Intelligence Agency that should be exempt from the requirements of section 104(i) of the National Security Act of 1947, as added by subsection (a), and that includes the rationale for the exemption of each such position identified by the Director.

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

(a) IN GENERAL- Title X of the National Security Act of 1947 (50 U.S.C.) is amended--

(1) by inserting before section 1001 (50 U.S.C. 441g) the following:

`Subtitle A--Science and Technology';

and

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

`Subtitle B--Foreign Languages Program

`PROGRAM ON ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE INTELLIGENCE COMMUNITY

`SEC. 1011. (a) ESTABLISHMENT OF PROGRAM- The Secretary of Defense and the Director of Central Intelligence may jointly establish a program to advance foreign languages skills in languages that are critical to the capability of the intelligence community to carry out national security activities of the United States (hereinafter in this subtitle referred to as the `Foreign Languages Program').

`(b) IDENTIFICATION OF REQUISITE ACTIONS- In order to carry out the Foreign Languages Program, the Secretary of Defense and the Director of Central Intelligence shall jointly determine actions required to improve

the education of personnel in the intelligence community in foreign languages that are critical to the capability of the intelligence community to carry out national security activities of the United States to meet the long-term intelligence needs of the United States.

`EDUCATION PARTNERSHIPS

`SEC. 1012. (a) IN GENERAL- In carrying out the Foreign Languages Program, the head of an element of an intelligence community entity may enter into one or more education partnership agreements with educational institutions in the United States in order to encourage and enhance the study of foreign languages that are critical to the capability of the intelligence community to carry out national security activities of the United States in educational institutions.

`(b) ASSISTANCE PROVIDED UNDER EDUCATIONAL PARTNERSHIP AGREEMENTS- Under an educational partnership agreement entered into with an educational institution pursuant to this section, the head of an element of an intelligence community entity may provide the following assistance to the educational institution:

`(1) The loan of equipment and instructional materials of the element of the intelligence community entity to the educational institution for any purpose and duration that the head determines to be appropriate.

`(2) Notwithstanding any other provision of law relating to transfers of surplus property, the transfer to the educational institution of any computer equipment, or other equipment, that is--

`(A) commonly used by educational institutions;

`(B) surplus to the needs of the entity; and

`(C) determined by the head of the element to be appropriate for support of such agreement.

`(3) The provision of dedicated personnel to the educational institution--

`(A) to teach courses in foreign languages that are critical to the capability of the intelligence community to carry out national security activities of the United States; or

`(B) to assist in the development of such courses and materials for the institution.

`(4) The involvement of faculty and students of the educational institution in research projects of the element of the intelligence community entity.

`(5) Cooperation with the educational institution in developing a program under which students receive academic credit at the educational institution for work on research projects of the element of the intelligence community entity.

`(6) The provision of academic and career advice and assistance to students of the educational institution.

`(7) The provision of cash awards and other items that the head of the element of the intelligence community entity determines to be appropriate.

`VOLUNTARY SERVICES

`SEC. 1013. (a) AUTHORITY TO ACCEPT SERVICES- Notwithstanding section 1342 of title 31, United States Code, and subject to subsection (b), the Foreign Languages Program under section 1011 shall include authority for the head of an element of an intelligence community entity to accept from any individual who is dedicated personnel (as defined in section 1016(3)) voluntary services in support of the activities authorized by this subtitle.

`(b) REQUIREMENTS AND LIMITATIONS- (1) In accepting voluntary services from an individual under subsection (a), the head of the element shall--

`(A) supervise the individual to the same extent as the head of the element would supervise a compensated employee of that element providing similar services; and

`(B) ensure that the individual is licensed, privileged, has appropriate educational or experiential credentials, or is otherwise qualified under applicable law or regulations to provide such services.

`(2) In accepting voluntary services from an individual under subsection (a), the head of an element of the intelligence community entity may not--

`(A) place the individual in a policymaking position, or other position performing inherently government functions; or

`(B) except as provided in subsection (e), compensate the individual for the provision of such services.

`(c) AUTHORITY TO RECRUIT AND TRAIN INDIVIDUALS PROVIDING SERVICES- The head of an element of an intelligence community entity may recruit and train individuals to provide voluntary services accepted under subsection (a).

`(d) STATUS OF INDIVIDUALS PROVIDING SERVICES- (1) Subject to paragraph (2), while providing voluntary services accepted under subsection (a) or receiving training under subsection (c), an individual shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law:

`(A) Subchapter I of chapter 81 of title 5, United States Code (relating to compensation for work-related injuries).

`(B) Section 552a of title 5, United States Code (relating to maintenance of records on individuals).

`(C) Chapter 11 of title 18, United States Code (relating to conflicts of interest).

`(2)(A) With respect to voluntary services accepted under paragraph (1) provided by an individual that are within the scope of the services so accepted, the individual is deemed to be a volunteer of a governmental entity or nonprofit institution for purposes of the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).

`(B) In the case of any claim against such an individual with respect to the provision of such services, section 4(d) of such Act (42 U.S.C. 14503(d)) shall not apply.

`(3) Acceptance of voluntary services under this section shall have no bearing on the issuance or renewal of a security clearance.

`(e) COMPENSATION FOR WORK-RELATED INJURIES- For purposes of determining the compensation for work-related injuries payable under chapter 81 of title 5, United States Code, to an individual providing voluntary

services accepted under subsection (a), the monthly pay of the individual for such services is deemed to be equal to the amount determined by multiplying--

`(1) the average monthly number of hours that the individual provided the services, by

`(2) the minimum wage determined in accordance with section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).

`(f) REIMBURSEMENT OF INCIDENTAL EXPENSES- (1) The head of an element of the intelligence community entity may reimburse an individual for incidental expenses incurred by the individual in providing voluntary services accepted under subsection (a). The head of an element of the intelligence community entity shall determine which expenses are eligible for reimbursement under this subsection.

`(2) Reimbursement under paragraph (1) may be made from appropriated or nonappropriated funds.

`(g) AUTHORITY TO INSTALL EQUIPMENT- (1) The head of an element of the intelligence community may install telephone lines and any necessary telecommunication equipment in the private residences of individuals who provide voluntary services accepted under subsection (a).

`(2) The head of an element of the intelligence community may pay the charges incurred for the use of equipment installed under paragraph (1) for authorized purposes.

`(3) Notwithstanding section 1348 of title 31, United States Code, the head of an element of the intelligence community entity may use appropriated funds or nonappropriated funds of the element in carrying out this subsection.

`REGULATIONS

`SEC. 1014. (a) IN GENERAL- The Secretary of Defense and the Director of Central Intelligence jointly shall promulgate regulations necessary to carry out the Foreign Languages Program authorized under this subtitle.

`(b) ELEMENTS OF THE INTELLIGENCE COMMUNITY- Each head of an element of an intelligence community entity shall prescribe regulations to carry out sections 1012 and 1013 with respect to that element including the following:

`(1) Procedures to be utilized for the acceptance of voluntary services under section 1013.

`(2) Procedures and requirements relating to the installation of equipment under section 1013(g).

`DEFINITIONS

`SEC. 1015. In this subtitle:

`(1) The term `intelligence community entity' means an agency, office, bureau, or element referred to in subparagraphs (B) through (K) of section 3(4).

`(2) The term `educational institution' means--

`(A) a local educational agency (as that term is defined in section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26))),

`(B) a college or university, or

`(C) any other nonprofit institution that provides instruction of foreign languages in languages that are critical to the capability of the intelligence community to carry out national security activities of the United States.

`(3) The term `dedicated personnel' means employees of the intelligence community and private citizens (including former civilian employees of the Federal Government who have been voluntarily separated, and members of the United States Armed Forces who have been honorably discharged or generally discharged under honorable circumstances, and rehired on a voluntary basis specifically to perform the activities authorized under this subtitle).

`Subtitle C--Additional Education Provisions

`ASSIGNMENT OF INTELLIGENCE COMMUNITY PERSONNEL AS LANGUAGE STUDENTS

`SEC. 1021. (a) IN GENERAL- The Director of Central Intelligence, acting through the heads of the elements of the intelligence community, may assign employees of such elements in analyst positions requiring foreign language expertise as students at accredited professional, technical, or other institutions of higher education for training at the graduate or undergraduate level in foreign languages required for the conduct of duties and responsibilities of such positions.

`(b) AUTHORITY FOR REIMBURSEMENT OF COSTS OF TUITION AND TRAINING- (1) The Director may reimburse an employee assigned under subsection (a) for the total cost of the training described in subsection (a), including costs of educational and supplementary reading materials.

`(2) The authority under paragraph (1) shall apply to employees who are assigned on a full-time or part-time basis.

`(3) Reimbursement under paragraph (1) may be made from appropriated or nonappropriated funds.

`(c) RELATIONSHIP TO COMPENSATION AS AN ANALYST- Reimbursement under this section to an employee who is an analyst is in addition to any benefits, allowances, travels, or other compensation the employee is entitled to by reason of serving in such an analyst position.'.

(b) CLERICAL AMENDMENT- The table of contents for the National Security Act of 1947 is amended by striking the item relating to section 1001 and inserting the following new items:

`Subtitle A--Science and Technology

`Sec. 1001. Scholarships and work-study for pursuit of graduate degrees in science and technology.

`Subtitle B--Foreign Languages Program

`Sec. 1011. Program on advancement of foreign languages critical to the intelligence community.

`Sec. 1012. Education partnerships.

`Sec. 1013. Voluntary services.

`Sec. 1014. Regulations.

`Sec. 1015. Definitions.

`Subtitle C--Additional Education Provisions

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

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

(a) PILOT PROJECT- The Director of Central Intelligence shall conduct a pilot project to establish a Civilian Linguist Reserve Corps comprised of United States citizens with advanced levels of proficiency in foreign languages who would be available upon a call of the President to perform such service or duties with respect to such foreign languages in the Federal Government as the President may specify.

(b) CONDUCT OF PROJECT- Taking into account the findings and recommendations contained in the report required under section 325 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2393), in conducting the pilot project under subsection (a) the Director of Central Intelligence shall--

(1) identify several foreign languages that are critical for the national security of the United States;

(2) identify United States citizens with advanced levels of proficiency in those foreign languages who would be available to perform the services and duties referred to in subsection (a); and

(3) implement a call for the performance of such services and duties.

(c) DURATION OF PROJECT- The pilot project under subsection (a) shall be conducted for a three-year period.

(d) AUTHORITY TO ENTER INTO CONTRACTS- The Director of Central Intelligence may enter into contracts with appropriate agencies or entities to carry out the pilot project under subsection (a).

(e) REPORTS- (1) The Director of Central Intelligence shall submit to Congress an initial and a final report on the pilot project conducted under subsection (a).

(2) Each report required under paragraph (1) shall contain information on the operation of the pilot project, the success of the pilot project in carrying out the objectives of the establishment of a Civilian Linguist Reserve Corps, and recommendations for the continuation or expansion of the pilot project.

(3) The final report shall be submitted not later than 6 months after the completion of the project.

(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Director of Central Intelligence $9,000,000 for each of fiscal years 2005, 2006, and 2007 in order to carry out the pilot project under subsection (a).

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

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

`NATIONAL VIRTUAL TRANSLATION CENTER

`SEC. 119. (a) IN GENERAL- There is an element of the intelligence community known as the National Virtual Translation Center under the direction of the Director of Central Intelligence.

`(b) FUNCTION- The National Virtual Translation Center shall provide for timely and accurate translations of foreign intelligence for all other elements of the intelligence community.

`(c) FACILITATING ACCESS TO TRANSLATIONS- In order to minimize the need for a central facility for the National Virtual Translation Center, the Center shall--

`(1) use state-of-the-art communications technology;

`(2) integrate existing translation capabilities in the intelligence community; and

`(3) use remote-connection capacities.

`(d) USE OF SECURE FACILITIES- Personnel of the National Virtual Translation Center may carry out duties of the Center at any location that--

`(1) has been certified as a secure facility by an agency or department of the United States; and

`(2) the Director of Central Intelligence determines to be appropriate for such purpose.'.

(b) CLERICAL AMENDMENT- The table of sections for that Act is amended by inserting after the item relating to section 505 the following new item:

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

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

(a) STUDY- The Secretary of Defense shall conduct a study on methods to improve the recruitment and retention of qualified foreign language instructors at the Foreign Language Center of the Defense Language Institute. In conducting the study, the Secretary shall consider, in the case of foreign language instructors who are aliens, to expeditiously adjust the status of the alien from a temporary status to that of an alien lawfully admitted for permanent residence.

(b) REPORT- (1) Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the study conducted under subsection (a), and shall include in that report recommendations for such changes in legislation and regulation as the Secretary determines to be appropriate.

(2) DEFINITION- In this subsection, the term `appropriate congressional committees' means the following:

(A) The Select Committee on Intelligence and the Committee on Armed Services of the Senate.

(B) The Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives.

END