Statutory Law - US Code - Title 50: Chapter 15: National Security: Subchapter II-A: Education in Support of National Intelligence


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Chapter 15: National Security: Subchapter II-A: Education in Support of National Intelligence

*Current through Public Law 112-173, August 16th, 2012.
**Selected Provisions Relevant to U.S. Intelligence Law

SUBCHAPTER VII–A—EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

Part A—Science and Technology

50 USC § 441g. Scholarships and work-study for pursuit of graduate degrees in science and technology

(a) Program authorized
The Director of National Intelligence may carry out a program to provide scholarships and work-study for individuals who are pursuing graduate degrees in fields of study in science and technology that are identified by the Director as appropriate to meet the future needs of the intelligence community for qualified scientists and engineers.
(b) Administration
If the Director of National Intelligence carries out the program under subsection (a) of this section, the Director of National Intelligence shall administer the program through the Office of the Director of National Intelligence.
(c) Identification of fields of study
If the Director of National Intelligence carries out the program under subsection (a) of this section, the Director shall identify fields of study under subsection (a) of this section in consultation with the other heads of the elements of the intelligence community.
(d) Eligibility for participation
An individual eligible to participate in the program is any individual who—
(1) either—
(A) is an employee of the intelligence community; or
(B) meets criteria for eligibility for employment in the intelligence community that are established by the Director of National Intelligence;

(2) is accepted in a graduate degree program in a field of study in science or technology identified under subsection (a) of this section; and
(3) is eligible for a security clearance at the level of Secret or above.
(e) Regulations
If the Director of National Intelligence carries out the program under subsection (a) of this section, the Director shall prescribe regulations for purposes of the administration of this section.
(July 26, 1947, ch. 343, title X, §1001, as added Pub. L. 107–306, title III, §331(a)(3), Nov. 27, 2002, 116 Stat. 2394; amended Pub. L. 108–458, title I, §§1071(a)(1)(MM), (3)(C)–(F), 1072(a)(8), Dec. 17, 2004, 118 Stat. 3689, 3690, 3692.)

50 USC § 441g–1. Framework for cross-disciplinary education and training

The Director of National Intelligence shall establish an integrated framework that brings together the educational components of the intelligence community in order to promote a more effective and productive intelligence community through cross-disciplinary education and joint training.
(July 26, 1947, ch. 343, title X, §1002, as added Pub. L. 108–458, title I, §1042, Dec. 17, 2004, 118 Stat. 3679.)

50 USC § 441g–2. Repealed. Pub. L. 111–259, title III, §313(b)(1)(B), Oct. 7, 2010, 124 Stat. 2666

Section, act July 26, 1947, ch. 343, title X, §1003, as added Pub. L. 108–458, title I, §1043, Dec. 17, 2004, 118 Stat. 3679; amended Pub. L. 111–259, title VIII, §804(8), Oct. 7, 2010, 124 Stat. 2747, related to Intelligence Community Scholarship Program.
Savings Provision
Pub. L. 111–259, title III, §313(b)(2), Oct. 7, 2010, 124 Stat. 2666, provided that: “Notwithstanding the repeals made by paragraph (1) [repealing this section, amending provisions set out as a note under section 403 of this title, and repealing provisions set out as a note under section 402 of this title], nothing in this subsection [repealing this section, amending provisions set out as a note under section 403 of this title, and repealing provisions set out as a note under section 402 of this title] shall be construed to amend, modify, or abrogate any agreement, contract, or employment relationship that was in effect in relation to the provisions repealed under paragraph (1) on the day prior to the date of the enactment of this Act [Oct. 7, 2010].”


Part B—Foreign Languages Program

50 USC § 441j. Program on advancement of foreign languages critical to the intelligence community

(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 capability of the intelligence community to carry out the national security activities of the United States (hereinafter in this part 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 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.
(July 26, 1947, ch. 343, title X, §1011, as added Pub. L. 108–487, title VI, §612(a)(2), Dec. 23, 2004, 118 Stat. 3955.)

50 USC § 441j–1. Education partnerships

(a) In general
In carrying out the Foreign Languages Program, the head of a covered element of the intelligence community 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 intelligence 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 educational institution of any computer equipment, or other equipment, that is—
(A) commonly used by educational institutions;
(B) surplus to the needs of the element of the intelligence 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 educational institution in research projects of the element of the intelligence community.
(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.
(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 considers appropriate.
(July 26, 1947, ch. 343, title X, §1012, as added Pub. L. 108–487, title VI, §612(a)(2), Dec. 23, 2004, 118 Stat. 3956.)

50 USC § 441j–2. Voluntary services

(a) Authority to accept services
Notwithstanding section 1342 of title 31 and subject to subsection (b) of this section, the Foreign Languages Program under section 441j of this title shall include authority for the head of a covered element of the intelligence community to accept from any dedicated personnel voluntary services in support of the activities authorized by this part.
(b) Requirements and limitations
(1) In accepting voluntary services from an individual under subsection (a) of this section, 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 otherwise qualified under applicable law or regulations to provide such services.

(2) In accepting voluntary services from an individual under subsection (a) of this section, 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) of this section.
(d) Status of individuals providing services
(1) Subject to paragraph (2), while providing voluntary services under subsection (a) of this section or receiving training under subsection (c) of this section, 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 (relating to maintenance of records on individuals).
(B) Chapter 11 of title 18 (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) of this section. The head of a covered element of the intelligence community shall determine which expenses are eligible for reimbursement under this subsection.
(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 private residences of individuals who provide voluntary services under subsection (a) of this section.
(2) The head of a covered 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, the head of a covered element of the intelligence community may use appropriated funds or nonappropriated funds of the element in carrying out this subsection.
(July 26, 1947, ch. 343, title X, §1013, as added Pub. L. 108–487, title VI, §612(a)(2), Dec. 23, 2004, 118 Stat. 3957.)

50 USC § 441j–3. Regulations

(a) In general
The Secretary of Defense and the Director of National Intelligence shall jointly prescribe regulations to carry out the Foreign Languages Program.
(b) Elements of the intelligence community
The head of each covered element of the intelligence community shall prescribe regulations to carry out sections 441j–1 and 441j–2 of this title with respect to that element including the following:
(1) Procedures to be utilized for the acceptance of voluntary services under section 441j–2 of this title.
(2) Procedures and requirements relating to the installation of equipment under section 441j–2(f) of this title.
(July 26, 1947, ch. 343, title X, §1014, as added Pub. L. 108–487, title VI, §612(a)(2), Dec. 23, 2004, 118 Stat. 3958.)

50 USC § 441j–4. Definitions

In this part:
(1) The term “covered element of the intelligence community” means an agency, office, bureau, or element referred to in subparagraphs (B) through (L) of section 401a(4) of this title.
(2) The term “educational institution” means—
(A) a local educational agency (as that term is defined in section 7801(26) of title 20);
(B) an institution of higher education (as defined in section 1002 of title 20, 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 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, honorably separated, or generally discharged under honorable circumstances and rehired on a voluntary basis specifically to perform the activities authorized under this part).
(July 26, 1947, ch. 343, title X, §1015, as added Pub. L. 108–487, title VI, §612(a)(2), Dec. 23, 2004, 118 Stat. 3958.)


Part C—Additional Education Provisions

50 USC § 441m. Assignment of intelligence community personnel as language students

(a) In general
The Director of National 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 of National Intelligence may reimburse an employee assigned under subsection (a) of this section 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.
(July 26, 1947, ch. 343, title X, §1021, as added Pub. L. 108–487, title VI, §612(a)(2), Dec. 23, 2004, 118 Stat. 3959.)

50 USC § 441n. Program on recruitment and training

(a) Program
(1) The Director of National Intelligence shall carry out a program to ensure that selected students or former students are provided funds to continue academic training, or are reimbursed for academic training previously obtained, in areas of specialization that the Director, in consultation with the other heads of the elements of the intelligence community, identifies as areas in which the current capabilities of the intelligence community are deficient or in which future capabilities of the intelligence community are likely to be deficient.
(2) A student or former student selected for participation in the program shall commit to employment with an element of the intelligence community, following completion of appropriate academic training, under such terms and conditions as the Director considers appropriate.
(3) The program shall be known as the Pat Roberts Intelligence Scholars Program.
(b) Elements
In carrying out the program under subsection (a), the Director shall—
(1) establish such requirements relating to the academic training of participants as the Director considers appropriate to ensure that participants are prepared for employment as intelligence professionals; and
(2) periodically review the areas of specialization of the elements of the intelligence community to determine the areas in which such elements are, or are likely to be, deficient in capabilities.
(c) Use of funds
Funds made available for the program under subsection (a) shall be used—
(1) to provide a monthly stipend for each month that a student is pursuing a course of study;
(2) to pay the full tuition of a student or former student for the completion of such course of study;
(3) to pay for books and materials that the student or former student requires or required to complete such course of study;
(4) to pay the expenses of the student or former student for travel requested by an element of the intelligence community in relation to such program; or
(5) for such other purposes the Director considers reasonably appropriate to carry out such program.
(July 26, 1947, ch. 343, title X, §1022, as added Pub. L. 111–259, title III, §311(a), Oct. 7, 2010, 124 Stat. 2662.)

50 USC § 441o. Educational scholarship program

The head of a department or agency containing an element of the intelligence community may establish an undergraduate or graduate training program with respect to civilian employees and prospective civilian employees of such element similar in purpose, conditions, content, and administration to the program that the Secretary of Defense is authorized to establish under section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402 note).
(July 26, 1947, ch. 343, title X, §1023, as added Pub. L. 111–259, title III, §312(e)(1), Oct. 7, 2010, 124 Stat. 2664.)

50 USC § 441p. Intelligence officer training program

(a) Programs
(1) The Director of National Intelligence may carry out grant programs in accordance with subsections (b) and (c) to enhance the recruitment and retention of an ethnically and culturally diverse intelligence community workforce with capabilities critical to the national security interests of the United States.
(2) In carrying out paragraph (1), the Director shall identify the skills necessary to meet current or emergent needs of the intelligence community and the educational disciplines that will provide individuals with such skills.
(b) Institutional grant program
(1) The Director may provide grants to institutions of higher education to support the establishment or continued development of programs of study in educational disciplines identified under subsection (a)(2).
(2) A grant provided under paragraph (1) may, with respect to the educational disciplines identified under subsection (a)(2), be used for the following purposes:
(A) Curriculum or program development.
(B) Faculty development.
(C) Laboratory equipment or improvements.
(D) Faculty research.
(c) Grant program for historically black colleges and universities
(1) The Director may provide grants to historically black colleges and universities to provide programs of study in educational disciplines identified under subsection (a)(2) or described in paragraph (2).
(2) A grant provided under paragraph (1) may be used to provide programs of study in the following educational disciplines:
(A) Intermediate and advanced foreign languages deemed in the immediate interest of the intelligence community, including Farsi, Pashto, Middle Eastern, African, and South Asian dialects.
(B) Study abroad programs and cultural immersion programs.
(d) Application
An institution of higher education seeking a grant under this section shall submit an application describing the proposed use of the grant at such time and in such manner as the Director may require.
(e) Reports
An institution of higher education that receives a grant under this section shall submit to the Director regular reports regarding the use of such grant, including—
(1) a description of the benefits to students who participate in the course of study funded by such grant;
(2) a description of the results and accomplishments related to such course of study; and
(3) any other information that the Director may require.
(f) Regulations
The Director shall prescribe such regulations as may be necessary to carry out this section.
(g) Definitions
In this section:
(1) The term “Director” means the Director of National Intelligence.
(2) Historically black college and university.—The term “historically black college and university” has the meaning given the term “part B institution” in section 1061 of title 20.
(3) The term “institution of higher education” has the meaning given the term in section 1001 of title 20.
(4) Study abroad program.—The term “study abroad program” means a program of study that—
(A) takes places outside the geographical boundaries of the United States;
(B) focuses on areas of the world that are critical to the national security interests of the United States and are generally underrepresented in study abroad programs at institutions of higher education, including Africa, Asia, Central and Eastern Europe, Eurasia, Latin America, and the Middle East; and
(C) is a credit or noncredit program.
(July 26, 1947, ch. 343, title X, §1024, as added Pub. L. 111–259, title III, §313(a), Oct. 7, 2010, 124 Stat. 2665; amended Pub. L. 112–18, title III, §304, June 8, 2011, 125 Stat. 226.)