§ 3205. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1947

   Intelligence Authorization Act for Fiscal Year 2005

   Pub. L. 108–487 title VI § 612(a)(2) · 118 Stat. 3939

   Enacted · 50 U.S.C. § 3205

   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

   Source evidence

   Code source credit
   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

   Enacted provision · exact public law section
   (2) by adding at the end the following new subtitles: “Subtitle B— Foreign Languages Program “Sec. 1011. “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 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 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. “Sec. 1012. “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. “Sec. 1013. “voluntary services (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 a covered element of the intelligence community to accept from any dedicated personnel 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 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), 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 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) 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 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). “(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, United States Code, 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. “Sec. 1014. “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 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(f). “Sec. 1015. “Definitions In this subtitle: 50 USC 441j–4. “(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 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) 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 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 subtitle). “Subtitle C— Additional Education Provisions “Sec. 1021. “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) for the total cost of the training described in that subsection, including costs of educational and supplementary reading materials. “(2) Applicability. 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.” .

2. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 9215(tt) · 129 Stat. 1802

   Substituted · 50 U.S.C. § 3205(2)(A)

   Pub. L. 114–95, § 9215(tt), (hhh), made similar amendments, resulting in the substitution of “section 7801 of title 20)” for “section 7801(26) of title 20)”

   Source evidence

   Code amendment note
   Par. (2)(A). Pub. L. 114–95, § 9215(tt), (hhh), made similar amendments, resulting in the substitution of “section 7801 of title 20)” for “section 7801(26) of title 20)”.

   Enacted provision · exact public law section
   (tt) National Security Act of 1947.— Section 1015(2)(A) of the National Security Act of 1947 (50 U.S.C. 441j-4(2)(A)) is amended by striking “section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)));” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965);”.

   Effective date note
   Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

2 of 2 references resolved to an enrolled provision