Sec. 6551. Transfer of Foreign Languages Program to Department of Defense

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Not later than the effective date set forth in subsection (d), the Director of National Intelligence and the Secretary of Defense shall take such actions as may be necessary for the Secretary of Defense to carry out the Foreign Languages Program, including such transfer of personnel, assets, and facilities from the Director to the Secretary as the Director and the Secretary jointly consider appropriate. Part III of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter:

The Secretary of Defense shall, in coordination with the Director of National Intelligence, carry out a program to advance skills in foreign languages that are critical to the capability of the Defense Intelligence Enterprise to carry out the national security activities of the United States (hereinafter in this chapter referred to as the Foreign Languages Program ). In order to carry out the Foreign Languages Program, the Secretary of Defense shall identify actions required to improve the education of personnel in the Defense Intelligence Enterprise in foreign languages that are critical to the capability of the Defense Intelligence Enterprise to carry out the national security activities of the United States and to meet the long-term intelligence needs of the United States.

In carrying out the Foreign Languages Program, the head of a covered element of the Defense Intelligence Enterprise may enter into one or more education partnership agreements 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 Defense Intelligence Enterprise to carry out the national security activities of the United States. Under an educational partnership agreement entered into with an educational institution pursuant to this section, the head of a covered element of the Defense Intelligence Enterprise may provide the following assistance to the educational institution:

The loan of equipment and instructional materials of the element of the Defense Intelligence Enterprise to the educational institution for any purpose and duration that the head of the element considers appropriate. Notwithstanding any other provision of law relating to the transfer of surplus property, the transfer to the educational institution of any computer equipment, or other equipment, that is— commonly used by educational institutions; surplus to the needs of the element of the Defense Intelligence Enterprise; and determined by the head of the element to be appropriate for support of such agreement.

The provision of dedicated personnel to the educational institution— to teach courses in foreign languages that are critical to the capability of the Defense Intelligence Enterprise to carry out the national security activities of the United States; or to assist in the development for the educational institution of courses and materials on such languages. The involvement of faculty and students of the educational institution in research projects of the element of the Defense Intelligence Enterprise.

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 Defense Intelligence Enterprise. The provision of academic and career advice and assistance to students of the educational institution. The provision of cash awards and other items that the head of the element of the Defense Intelligence Enterprise considers appropriate. Notwithstanding section 1342 of title 31, and subject to subsection (b), the Foreign Languages Program under section 2200m shall include authority for the head of a covered element of the Defense Intelligence Enterprise to accept from any dedicated personnel voluntary services in support of the activities authorized by this subtitle.

In accepting voluntary services from an individual under subsection (a), the head of a covered element of the Defense Intelligence Enterprise shall— 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 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.

In accepting voluntary services from an individual under subsection (a), the head of a covered element of the Defense Intelligence Enterprise may not— place the individual in a policymaking position, or other position performing inherently governmental functions; or compensate the individual for the provision of such services. The head of a covered element of the Defense Intelligence Enterprise may recruit and train individuals to provide voluntary services under subsection (a).

Subject to paragraph (2), while providing voluntary services 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: Section 552a of title 5 (relating to maintenance of records on individuals). Chapter 11 of title 18 (relating to conflicts of interest). 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. ). 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. Acceptance of voluntary services under this section shall have no bearing on the issuance or renewal of a security clearance. The head of a covered element of the Defense Intelligence Enterprise 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 Defense Intelligence Enterprise shall determine which expenses are eligible for reimbursement under this subsection. Reimbursement under paragraph

(1)may be made from appropriated or nonappropriated funds. The head of a covered element of the Defense Intelligence Enterprise may install telephone lines and any necessary telecommunication equipment in the private residences of individuals who provide voluntary services under subsection (a). The head of a covered element of the Defense Intelligence Enterprise may pay the charges incurred for the use of equipment installed under paragraph

(1)for authorized purposes. Notwithstanding section 1348 of title 31, United States Code, the head of a covered element of the Defense Intelligence Enterprise may use appropriated funds or nonappropriated funds of the element in carrying out this subsection. The Secretary of Defense shall, in coordination with the Director of National Intelligence, prescribe regulations to carry out the Foreign Languages Program. The head of each covered element of the Defense Intelligence Enterprise shall prescribe regulations to carry out sections 2200n and 2200o with respect to that element including the following: Procedures to be utilized for the acceptance of voluntary services under section 2200o. Procedures and requirements relating to the installation of equipment under section 2200o(f). In this chapter: The term covered element of the Defense Intelligence Enterprise means an agency, office, bureau, or element referred to in subparagraph

(B)of section 426(b)(4) of this title. The term dedicated personnel means employees of the Defense Intelligence Enterprise 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 circumstances and rehired on a voluntary basis specifically to perform the activities authorized under this subtitle). The term Defense Intelligence Enterprise has the meaning given such term in section 426(b)(4) of this title. The term educational institution means— a local educational agency (as that term is defined in section 8101 of the Elementary and Secondary Education Act of 1965); 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 any other nonprofit institution that provides instruction of foreign languages in languages that are critical to the capability of the Defense Intelligence Enterprise to carry out national security activities of the United States. . Title X of the National Security Act of 1947 ( 50 U.S.C. 3191 et seq. ) is amended by striking subtitle B ( 50 U.S.C. 3201 et seq. ). The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the items relating to subtitle B of title X. The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.

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Sec. 6551

Transfer of Foreign Languages Program to Department of Defense

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