Bill Summary
This legislation authorizes funds for intelligence activities and outlines requirements for the intelligence community. It also establishes temporary restrictions for employees, expands personnel management authority, and sets guidelines for congressional oversight. Additionally, it addresses the independence of Inspectors General, creates a Director of Science and Technology position, and includes a program to improve education in STEM fields. It also addresses cybersecurity policies for federal contractors and foreign influence in elections. This legislation also clarifies regulations on providing non-public information to influence elections and increases penalties for violations involving foreign entities. Furthermore, it outlines a grant program to promote the deployment and use of Open RAN 5G networks in the US, including a grant program and an Advisory Committee.
Possible Impacts
1. Covered recipients and former intelligence officers and employees may be affected by the legislation through the establishment of requirements for seeking employment opportunities and restrictions and reporting requirements for employees of the intelligence community.
2. The grant program for Open RAN 5G networks may impact technology and security developments, potentially affecting the deployment and use of these networks for individuals and businesses.
3. Political committees and candidates may be affected by the legislation through the increased penalties for violations involving foreign governments or political parties and the requirement to report any contact with foreign entities to the Federal Bureau of Investigation and the Commission.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7856 Reported in House (RH)]
<DOC>
Union Calendar No. 463
116th CONGRESS
2d Session
H. R. 7856
[Report No. 116-565]
To authorize appropriations for fiscal year 2021 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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2020
Mr. Schiff introduced the following bill; which was referred to the
Permanent Select Committee on Intelligence
October 30, 2020
Reported from the Committee on Intelligence; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2021 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 Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Intelligence community management account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Notice of intelligence community provision of support for
Federal, State, local, or tribal government
response to civil disobedience or domestic
civil disturbances.
Sec. 304. Notice of intelligence community engagement in activities
pursuant to presidential emergency action
documents.
Sec. 305. Requirement to buy certain satellite component from American
sources.
Sec. 306. Limitation on construction of facilities to be used primarily
by intelligence community.
Sec. 307. Intelligence community student loan repayment programs.
Sec. 308. Paid leave for a serious health condition.
Sec. 309. Requirements for certain employment activities by former
intelligence officers and employees.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Sec. 401. Clarification of authority of National Reconnaissance Office.
Sec. 402. Establishment of Office of the Ombudsman for Analytic
Objectivity.
Sec. 403. Placement on the Executive Schedule for Department of Defense
directors of the National Security Agency
and the National Reconnaissance Office.
Sec. 404. Expansion of personnel management authority to attract
experts in science and engineering.
Sec. 405. Special access programs: congressional oversight.
Sec. 406. Senior Chief Petty Officer Shannon Kent Award for
distinguished female personnel of the
National Security Agency.
Sec. 407. Department of Homeland Security intelligence and
cybersecurity diversity fellowship program.
Sec. 408. Climate Security Advisory Council and Climate Security
Intelligence Center.
TITLE V--INSPECTORS GENERAL OF ELEMENTS OF THE INTELLIGENCE COMMUNITY
AND PROTECTION OF WHISTLEBLOWERS
Sec. 501. Independence of Inspectors General of the intelligence
community.
Sec. 502. Designation of acting inspectors general of the intelligence
community in cases of vacancies.
Sec. 503. Authority of inspectors general of the intelligence community
to determine matters of urgent concern.
Sec. 504. Limitation on sharing of intelligence community whistleblower
complaints with persons named in such
complaints.
Sec. 505. Disclosures to Congress.
Sec. 506. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure
by employees and contractors in
intelligence community.
Sec. 507. Conforming amendments and coordination with other provisions
of law.
Sec. 508. Severability.
TITLE VI--MATTERS RELATING TO EMERGING TECHNOLOGIES
Sec. 601. Modifications to duties of Director of Science and
Technology.
Sec. 602. Annual reports on research and development for scientific and
technological advancements.
Sec. 603. Improvement of education in science, technology, engineering,
arts, and mathematics.
Sec. 604. Quarterly reports on cyber intelligence, surveillance, and
reconnaissance activities of the Department
of Defense.
Sec. 605. Process for identifying cyber threat intelligence needs and
priorities.
Sec. 606. Reviews of intelligence community cyber threat sharing
posture and National Security Directive 42.
Sec. 607. Feasibility study on cybersecurity policies of contractors of
owner or operators of national security
systems .
Sec. 608. Artificial intelligence research and development.
Sec. 609. Seedling investment in next-generation microelectronics in
support of artificial intelligence.
TITLE VII--PROTECTION OF ELECTIONS FROM FOREIGN INFLUENCE
Subtitle A--Foreign Influence Reporting in Elections
Sec. 701. Federal campaign reporting of foreign contacts.
Sec. 702. Federal campaign foreign contact reporting compliance system.
Sec. 703. Criminal penalties.
Sec. 704. Report to congressional intelligence committees.
Sec. 705. Rule of construction.
Subtitle B--Foreign Influence Reporting in Elections
Sec. 711. Clarification of application of foreign money ban.
Sec. 712. Requiring acknowledgment of foreign money ban by political
committees.
TITLE VIII--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Saudi Arabia and the Middle East
Sec. 801. Limitation on availability of funds until submission of
required report on murder of Jamal
Khashoggi.
Sec. 802. Prohibition on availability of funds for intelligence sharing
relating to certain air strikes in Yemen.
Sec. 803. Report on understanding and mitigating civilian harm from use
of certain weapons systems in Yemen.
Sec. 804. Report on prevention of proliferation of sensitive unmanned
aerial vehicles and related technology.
Sec. 805. Report on understanding potential for and preventing nuclear
proliferation in the middle east.
Sec. 806. Report on propagation of extremist ideologies from Saudi
Arabia.
Sec. 807. Report on financial influence operations of Saudi Arabia, the
United Arab Emirates, and Qatar.
Subtitle B--People's Republic of China
Sec. 811. Annual reports on security services of the People's Republic
of China in the Hong Kong Special
Administrative Region.
Sec. 812. Research partnership on activities of People's Republic of
China.
Sec. 813. Report on the pharmaceutical and personal protective
equipment regulatory practices of the
People's Republic of China.
Subtitle C--Matters Relating to Other Countries
Sec. 821. National Intelligence Estimate on situation in Afghanistan.
Sec. 822. Assessment regarding tensions between Armenia and Azerbaijan.
TITLE IX--REPORTS AND OTHER MATTERS
Sec. 901. Annual reports on worldwide threats.
Sec. 902. Annual intelligence assessments on relationship between women
and violent extremism.
Sec. 903. Annual report on Climate Security Advisory Council.
Sec. 904. Improvements to funding for National Security Education
program.
Sec. 905. Report on best practices to protect privacy, civil liberties,
and civil rights of Chinese Americans.
Sec. 906. National Intelligence Estimate on threat of global pandemic
disease.
Sec. 907. Modification of requirement for briefings on national
security effects of emerging infectious
disease and pandemics.
Sec. 908. Report on open-source science and technology intelligence
collection and analysis within the
intelligence community.
Sec. 909. Independent study on open-source intelligence.
Sec. 910. Survey on Open Source Enterprise.
Sec. 911. Intelligence assessment and reports on violent transnational
White supremacist extremism.
Sec. 912. Wireless supply chain innovation grant program.
Sec. 913. Sense of Congress regarding Third Option Foundation.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (16) of
section 101, are those specified in the classified Schedule of
Authorizations prepared to accompany this Act.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
SEC. 103. 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 2021 the sum of
$683,000,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2021 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2021.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. 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.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
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. 303. NOTICE OF INTELLIGENCE COMMUNITY PROVISION OF SUPPORT FOR
FEDERAL, STATE, LOCAL, OR TRIBAL GOVERNMENT RESPONSE TO
CIVIL DISOBEDIENCE OR DOMESTIC CIVIL DISTURBANCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is essential that the people of the United States
have trust and confidence in the legitimacy of the Armed Forces
and the intelligence community, which are obligated to protect
the rights of all the people of the United States;
(2) in a democracy, intelligence activities must not only
be legitimate, they must also be perceived as legitimate;
(3) intelligence support to domestic-focused activities by
the Armed Forces or Federal law enforcement components involved
in responding to protests, including to monitor, assess, or
otherwise track Americans who are taking to the streets or
otherwise engaging in constitutionally protected activity
within the United States, is inappropriate in all but the most
extreme circumstances;
(4) although all elements of the intelligence community are
authorized under Executive Order 12333 to provide assistance to
law enforcement that is ``not precluded by applicable law'',
activities that may be appropriate in the context of routine
criminal investigations may nevertheless be inappropriate in
the context of law enforcement response to protest or civil
disturbances.
(b) Notice Requirement.--Title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.) is amended by adding at the end the
following new section:
``SEC. 513. NOTICE OF PROVISION OF SUPPORT FOR FEDERAL, STATE, LOCAL,
OR TRIBAL GOVERNMENT RESPONSE TO CIVIL DISOBEDIENCE OR
DOMESTIC CIVIL DISTURBANCES.
``(a) Notice Required.--Not later than 72 hours before a covered
agency provides support for any Federal, State, local, or Tribal
government response to a civil disobedience or domestic civil
disturbance, the head of the agency shall submit to the appropriate
congressional committees and the covered recipients notice of the
provision of such support.
``(b) Content of Notice.--Notice provided under subsection (a) with
respect to the provision of support shall include each of the
following:
``(1) The date on which the requested support was approved.
``(2) The entity requesting the support.
``(3) The type of support requested.
``(4) A detailed description of the support that the select
agency intends to provide.
``(5) A brief description of the legal basis for providing
the support.
``(6) If the provision of such support requires notice to
be provided under section 1055(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328),
all the content of such notice.
``(7) Any other facts or circumstances that the head of the
covered agency determines are relevant.
``(c) Public Availability of Notice.--Not later than 72 hours after
the date on which any notice is provided under subsection (a), the
Director of National Intelligence shall make the notice publicly
available on the internet website of the Director of National
Intelligence and the internet website of the agency or agencies making
the notification. If the notice is classified as provided under
subsection (d), a redacted unclassified notice shall be made publicly
available under this subsection.
``(d) Form of Notice.--
``(1) In general.--Except as provided in paragraph (2), a
notice under subsection (a) shall be submitted in unclassified
form.
``(2) Exception.--If the Director of National Intelligence
makes a determination in writing that the protection of sources
and methods requires that a notice under subsection (a) be
classified, the notice may be submitted in classified form but
shall be accompanied by a notice redacted to remove classified
information. The authority to make a determination under this
paragraph may not be delegated.
``(e) Emergency Waiver Authority.--
``(1) In general.--The Director of National Intelligence
may waive the requirement to submit advance notice under
subsection (a) if the Director determines that the support is
to be provided in association with any Federal, State, local,
or Tribal government response to--
``(A) armed insurrection;
``(B) an act of foreign terrorism;
``(C) an act of domestic terrorism;
``(D) a response to a natural disaster; or
``(E) another extreme circumstance constituting a
grave threat.
``(2) Notice.--If the Director issues a waiver under
paragraph (1), notice under subsection (a) shall be provided as
soon as practicable after the provision of support and, in any
event, no later than 48 hours after the provision of such
support.
``(3) Nondelegation.--The authority to issue a waiver and
the authority to make a determination under paragraph (1) may
not be delegated.
``(f) Quarterly Reports.--
``(1) In general.--The Director of National Intelligence
shall submit to the appropriate congressional committees
quarterly reports that include a description of any assistance
provided by a covered agency to law enforcement authorities.
``(2) Contents of reports.--Each report required under this
subsection shall include, for each instance in which assistance
was provided--
``(A) the date on which the assistance was
requested;
``(B) the entity requesting the assistance;
``(C) the type of assistance requested;
``(D) detailed description of the assistance that
the covered agency intends to or did provide;
``(E) a brief description of the legal basis for
providing the assistance;
``(F) the date on which notice for such assistance
was provided under subsection (a) and the date on which
such notice was made publicly available under
subsection (c); and
``(G) any other facts or circumstances that the
Director determines are relevant.
``(3) Form of report.--Each report required under this
subsection shall be submitted in unclassified form, but may
include a classified annex.
``(g) Definitions.--In this section:
``(1) The term `covered agency' means any element of the
intelligence community.
``(2) The term `civil disobedience' means--
``(A) a protest, rally, march, demonstration; or
``(B) an active, professed refusal of a citizen to
obey a law, demand, order, or command of a government.
``(3) The term `domestic civil disturbance' means any
activity arising from a mass act (including a protest,
demonstration, riot, or strike) in which the participants
become hostile toward authority, including--
``(A) the exercise of first amendment rights by
protesters;
``(B) violence or property destruction incident to
protests; and
``(C) obstruction of publicly available spaces,
including obstruction of roads or camping symbolically
in public places.
``(4) The term `support' includes pre-deployment
intelligence support provided to members of the Armed Forces
responding or preparing to respond to a civil disobedience or
domestic civil disturbance.
``(5) The term `appropriate committees of Congress' means--
``(A) the Permanent Select Committee on
Intelligence and the Subcommittee on Defense of the
Committee on Appropriations;
``(B) the Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
``(C) in the case of support provided by a select
agency within the Department of Defense, the Committees
on Armed Services of the Senate and House of
Representatives.
``(6) The term `covered recipient' means--
``(A) the Inspector General of the Intelligence
Community;
``(B) the inspector general of the agency providing
support; and
``(C) the Attorney General.''.
(c) Clerical Amendment.--The table of contents for the National
Security Act of 1947 is amended by inserting after the item relating to
section 512 the following new item:
``513. Notice of provision of support for Federal, State, local, or
Tribal government response to civil
disobedience or domestic civil
disturbances.''.
SEC. 304. NOTICE OF INTELLIGENCE COMMUNITY ENGAGEMENT IN ACTIVITIES
PURSUANT TO PRESIDENTIAL EMERGENCY ACTION DOCUMENTS.
(a) In General.--If any element of the intelligence community
receives direction from the President to engage in any activity
pursuant to a presidential emergency action document or an equivalent
or successor document, the head of such element shall, not later than
72 hours before engaging in such activity, submit to the congressional
intelligence committees a written notice under this section.
(b) Contents of Notice.--A notice under subsection (a) with respect
to any direction to engage in an activity, shall include each of the
following:
(1) A summary of the presidential emergency action document
or equivalent document pursuant to which the activity is
directed.
(2) A detailed description of the activity or activities
that the element of the intelligence community has been
directed to undertake.
(3) The date on which the President directed the element to
undertake such activity.
(4) An identification of any other government departments
or agencies involved in the activity and a description of the
roles of any such department or agency with respect to such
activity.
(c) Form of Notice.--A notice under this section shall be submitted
in unclassified form, but may include a classified annex only to the
extent necessary to protect against identified, specific threats to the
national security of the United States.
(d) Delay of Notice.--If the head of an element of the intelligence
community that is required to provide notice under subsection (a)
determines it is necessary, and in the event of a specific threat to
the national security of the United States caused by a national
emergency, the head of the element may delay the submittal of such
notice by a period not to exceed five days. If the head of an element
delays the submittal of such notice under this subsection, the head
shall advise the chair and ranking members of the congressional
intelligence committees of the activity covered by the notice as soon
as possible but not later than 24 hours after the element has commenced
the activity.
(e) Presidential Emergency Action Document.--In this section, the
term ``presidential emergency action document'' means--
(1) each of the approximately 56 documents described as
presidential emergency action documents in the budget
justification materials for the Office of Legal Counsel of the
Department of Justice submitted to Congress in support of the
budget of the President for fiscal year 2018; and
(2) any other pre-coordinated legal document in existence
before, on, or after the date of the enactment of this Act
that--
(A) is designated as a presidential emergency
action document; or
(B) is designed to implement a presidential
decision or transmit a presidential request when an
emergency disrupts normal governmental or legislative
processes.
SEC. 305. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM AMERICAN
SOURCES.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.) is amended by adding at the end the following new
section:
``SEC. 1109. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM
AMERICAN SOURCES.
``(a) Requirement.--Beginning January 1, 2021, except as provided
in subsection (b), a covered element of the intelligence community may
not award a contract for a national security satellite if the satellite
uses a star tracker that is not produced in the United States,
including with respect to both the software and the hardware of the
star tracker.
``(b) Exception.--The head of a covered element of the intelligence
community may waive the requirement under subsection (a) if, on a case-
by-case basis, the head certifies in writing to the congressional
intelligence committees that--
``(1) there is no available star tracker produced in the
United States that meets the mission and design requirements of
the national security satellite for which the star tracker will
be used;
``(2) the cost of a star tracker produced in the United
States is unreasonable, based on a market survey; or
``(3) such waiver is necessary for the national security
interests of the United States based on an urgent and
compelling need.
``(c) Definitions.--In this section:
``(1) Covered element of the intelligence community.--The
term `covered element of the intelligence community' means an
element of the intelligence community that is not an element of
the Department of Defense.
``(2) National security satellite.--The term `national
security satellite' means a satellite weighing over 400 pounds
whose principle purpose is to support the national security or
intelligence needs of the United States Government.
``(3) United states.--The term `United States' means the
several States, the District of Columbia, and the territories
and possessions of the United States.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after the
item relating to section 1108 the following new item:
``Sec. 1109. Requirement to buy certain satellite component from
American sources.''.
SEC. 306. LIMITATION ON CONSTRUCTION OF FACILITIES TO BE USED PRIMARILY
BY INTELLIGENCE COMMUNITY.
Section 602(a)(2) of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. 3304(a)(2)) is amended--
(1) by striking ``$1,000,000'' both places it appears and
inserting ``$2,000,000''; and
(2) by striking ``the Director of National Intelligence
shall submit a notification'' and inserting ``the head of such
component, in coordination with and subject to the approval of
the Director of National Intelligence, shall submit a
notification''.
SEC. 307. INTELLIGENCE COMMUNITY STUDENT LOAN REPAYMENT PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) student loan repayment programs are a crucial tool in
attracting and retaining talented individuals to the
intelligence community, particularly individuals from diverse
backgrounds;
(2) generous student loan repayment programs help the
intelligence community compete with the private sector for
talented employees;
(3) departments and agencies containing elements of the
intelligence community have authority to establish student loan
repayment programs either under section 5379 of title 5, United
States Code, or under the delegable authority of the Director
of National Intelligence under section 102A(n)(1) of the
National Security Act of 1947 (50 U.S.C. 3024(n)(1));
(4) although the Director should use the authority under
such section 102A(n)(1) sparingly, and should be exceedingly
sparing in delegating such authority to an element of the
intelligence community, the Director should approve well-
predicated requests for such authority in the student loan
repayment context if an element of the intelligence community
can articulate an impediment to establishing or enhancing a
program under section 5379 of title 5, United States Code; and
(5) student loan repayment programs established by an
element of the intelligence community should provide
flexibility to intelligence community employees, including
employees who pursue loan-financed education in the middle of
their careers or after the day on which they first become
intelligence community employees.
(b) Student Loan Repayment Program Standards.--Not later than 180
days after the date of the enactment of this Act, the Director of
National Intelligence, or a designee of the Director who is an employee
of the Office of the Director of National Intelligence, shall establish
minimum standards for the repayment of student loans of employees of
elements of the intelligence community by such elements of the
intelligence community.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the appropriate
congressional committees a report on the standards established under
subsection (b). Such report shall include--
(1) an explanation of why such minimum standards were
established; and
(2) how such standards advance the goals of--
(A) attracting and retaining a talented
intelligence community workforce;
(B) competing with private sector companies for
talented employees; and
(C) promoting the development of a diverse
workforce.
(d) Failure To Meet Standards.--Not later than 180 days after the
date on which the standards required under subsection (b) are
established, the head of an element of the intelligence community that
does not meet such standards shall submit to the appropriate
congressional committees a report containing an explanation for why
such element does not meet such standards and an identification of any
additional authority or appropriations required to for the element to
meet such standards.
(e) Submittal of Regulations and Policies to Congress.--Not later
than 180 days after the date on which the standards required under
subsection (b) are established, the head of an element of the
intelligence community shall submit to the appropriate congressional
committees a copy of all internal regulations and policies governing
the student loan repayment program of that element as well as copies of
such policies redacted to remove classified information.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Permanent Select Committee on Intelligence of the
House of Representatives;
(2) the Select Committee on Intelligence of the Senate;
(3) with respect to an element of the intelligence
community within the Department of Defense, the Committees on
Armed Services of the Senate and House of Representatives;
(4) with respect to an element of the intelligence
community within the Department of Justice, the Committees on
the Judiciary of the Senate and House of Representatives;
(5) with respect to an element of the intelligence
community within the Department of Homeland Security, the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives;
(6) with respect to an element of the intelligence
community within the Department of State, the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives;
(7) with respect to an element of the intelligence
community within the Department of Energy, the Committee on
Energy and Natural Resources of the Senate and the Committee on
Energy and Commerce of the House of Representatives; and
(8) with respect to an element of the intelligence
community within the Department of the Treasury, the Committee
on Finance of the Senate and the Committee on Financial
Services of the House of Representatives.
(g) Form of Reports.--Each of the reports required under
subsections (c) and (d) shall be submitted in unclassified form, but
may contain a classified annex.
SEC. 308. PAID LEAVE FOR A SERIOUS HEALTH CONDITION.
(a) Purpose.--The purpose of this section is to--
(1) help the intelligence community recruit and retain a
dynamic, multi-talented, and diverse workforce capable of
meeting the security goals of the United States; and
(2) establish best practices and processes for other
elements of the Federal Government seeking to pursue similar
policies.
(b) Authorization of Paid Leave for a Serious Health Condition for
Employees of Elements of the Intelligence Community.--
(1) In general.--Title III of the National Security Act of
1947 (50 U.S.C. 3071 et seq.) is amended by inserting after
section 304 the following:
``SEC. 305. PAID LEAVE FOR A SERIOUS HEALTH CONDITION.
``(a) Definitions.--In this section:
``(1) Paid serious health condition leave.--The term `paid
serious health condition leave' means paid leave taken under
subsection (b).
``(2) Serious health condition.--The term `serious health
condition' has the meaning given the term in section 6381 of
title 5, United States Code.
``(3) Son or daughter.--The term `son or daughter' has the
meaning given the term in section 6381 of title 5, United
States Code.
``(b) Paid Serious Health Condition Leave.--Notwithstanding any
other provision of law, a civilian employee of an element of the
intelligence community shall have available a total of 12
administrative workweeks of paid leave during any 12-month period for
one or more of the following:
``(1) In order to care for the spouse, or a son, daughter,
or parent, of the employee, if such spouse, son, daughter, or
parent has a serious health condition.
``(2) Because of a serious health condition that makes the
employee unable to perform the functions of the employee's
position.
``(c) Treatment of Serious Health Condition Leave Request.--
Notwithstanding any other provision of law, an element of the
intelligence community shall accommodate an employee's leave schedule
request under subsection (b), including a request to use such leave
intermittently or on a reduced leave schedule, to the extent that the
requested leave schedule does not unduly disrupt agency operations.
``(d) Rules Relating to Paid Leave.--Notwithstanding any other
provision of law--
``(1) an employee of an element of the intelligence
community may not be required to first use all or any portion
of any unpaid leave available to the employee before being
allowed to use paid serious health condition leave; and
``(2) paid serious health condition leave--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing element;
``(B) may not be considered to be annual or
vacation leave for purposes of section 5551 or 5552 of
title 5, United States Code, or for any other purpose;
``(C) if not used by the employee before the end of
the 12-month period described in subsection (b) to
which the leave relates, may not be available for any
subsequent use and may not be converted into a cash
payment;
``(D) may be granted only to the extent that the
employee does not receive a total of more than 12 weeks
of paid serious health condition leave in any 12-month
period;
``(E) shall be used in increments of hours (or
fractions thereof), with 12 administrative workweeks
equal to 480 hours for employees of elements of the
intelligence community with a regular full-time work
schedule and converted to a proportional number of
hours for employees of such elements with part-time,
seasonal, or uncommon tours of duty; and
``(F) may not be used during off-season (nonpay
status) periods for employees of such elements with
seasonal work schedules.
``(e) Implementation.--
``(1) Consistency with serious health condition leave under
title 5.--The Director of National Intelligence shall carry out
this section in a manner consistent, to the extent appropriate,
with the administration of leave taken under section 6382 of
title 5, United States Code, for a reason described in
subparagraph (C) or (D) of subsection (a)(1) of that section.
``(2) Implementation plan.--Not later than 1 year after the
date of enactment of this section, the Director of National
Intelligence shall submit to the congressional intelligence
committees an implementation plan that includes--
``(A) processes and procedures for implementing the
paid serious health condition leave policies under
subsections (b) through (d);
``(B) an explanation of how the implementation of
subsections (b) through (d) will be reconciled with
policies of other elements of the Federal Government,
including the impact on elements funded by the National
Intelligence Program that are housed within agencies
outside the intelligence community;
``(C) the projected impact of the implementation of
subsections (b) through (d) on the workforce of the
intelligence community, including take rates,
retention, recruiting, and morale, broken down by each
element of the intelligence community; and
``(D) all costs or operational expenses associated
with the implementation of subsections (b) through (d).
``(3) Directive.--Not later than 90 days after the Director
of National Intelligence submits the implementation plan under
paragraph (2), the Director of National Intelligence shall
issue a written directive to implement this section, which
directive shall take effect on the date of issuance.
``(f) Annual Report.--The Director of National Intelligence shall
submit to the congressional intelligence committees an annual report
that--
``(1) details the number of employees of each element of
the intelligence community who applied for and took paid
serious health condition leave during the year covered by the
report; and
``(2) includes updates on major implementation challenges
or costs associated with paid serious health condition
leave.''.
(2) Clerical amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 304 the following:
``Sec. 305. Paid serious health condition leave.''.
(c) Applicability.--Section 305 of the National Security Act of
1947, as added by subsection (b), shall apply with respect to leave
taken in connection with a serious health condition (as defined in
subsection (a) of such section 305) that occurs or continues to exist
on or after the date on which the Director of National Intelligence
issues the written directive under subsection (e)(3) of such section
305.
SEC. 309. REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY FORMER
INTELLIGENCE OFFICERS AND EMPLOYEES.
(a) Modifications to Requirement.--
(1) In general.--Section 304 of the National Security Act
of 1947 (50 U.S.C. 3073a) is amended to read as follows:
``SEC. 304. REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY FORMER
INTELLIGENCE OFFICERS AND EMPLOYEES.
``(a) Temporary Restriction.--An employee of an element of the
intelligence community who occupies a covered intelligence position may
not occupy a covered post-service position during the 30-month period
following the date on which the employee ceases to occupy a covered
intelligence position.
``(b) Covered Post-Service Employment Reporting.--
``(1) Requirement.--The head of each element of the
intelligence community shall issue regulations requiring, as a
condition of employment, each employee of such element
occupying a covered intelligence position to sign a written
agreement requiring the regular reporting of covered post-
service employment to the head of such element.
``(2) Agreement elements.--
``(A) Reporting covered post-service employment.--
The regulations required under paragraph (1) shall
provide that an agreement contain provisions requiring
each employee occupying a covered intelligence position
to, during the 5-year period beginning on the date on
which such employee ceases to occupy such covered
intelligence position--
``(i) report covered post-service
employment to the head of the element of the
intelligence community that employed such
employee in such covered intelligence position
upon accepting such covered post-service
employment; and
``(ii) annually (or more frequently if the
head of such element considers it appropriate)
report covered post-service employment to the
head of such element.
``(B) Information included.--Each report by an
employee under subparagraph (A) shall include the
following information:
``(i) The name of the employer.
``(ii) The foreign government, including
the specific foreign individual, agency, or
entity, for whom the covered post-service
employment is being performed.
``(iii) The title and role of the covered
post-service position.
``(iv) The nature of the services provided
as part of the covered post-service employment.
``(v) All financial compensation and
benefits received or promised for the covered
post-service employment.
``(vi) A self-certification that none of
the services provided as part of the covered
post-service employment violate Federal law,
infringe upon the privacy rights of United
States persons, or constitute abuses of human
rights.
``(c) Penalties.--
``(1) Criminal penalties.--A former employee who knowingly
and willfully violates subsection (a) or who knowingly and
willfully fails to make a required report under subsection (b)
shall be fined under title 18, United States Code, or
imprisoned for not more than 5 years, or both. Each report
under subsection (b) shall be subject to section 1001 of title
18, United States Code.
``(2) Security clearances.--The head of an element of the
intelligence community shall revoke the security clearance of a
former employee if the former employee knowingly and willfully
fails to make a required report under subsection (b) or
knowingly and willfully makes a false report under subsection.
``(d) Training.--The head of each element of the intelligence
community shall provide training on the reporting requirements under
subsection (b) to each employee who ceases to occupy a covered
intelligence position.
``(e) Annual Reports.--
``(1) Requirement.--Not later than March 31 of each year,
the Director of National Intelligence shall submit to the
congressional intelligence committees a report on covered post-
service employment occurring during the year covered by the
report.
``(2) Elements.--Each report under paragraph (1) shall
include the following:
``(A) The number of former employees who occupy a
covered post-service position, broken down by--
``(i) the name of the employer;
``(ii) the foreign government, including by
the specific foreign individual, agency, or
entity, for whom the covered post-service
employment is being performed; and
``(iii) the nature of the services provided
as part of the covered post-service employment.
``(B) A certification by the Director that--
``(i) each element of the intelligence
community maintains adequate systems and
processes for ensuring that former employees
are submitting reports required under
subsection (b);
``(ii) to the knowledge of the heads of the
elements of the intelligence community, all
former employees who occupy a covered post-
service position are in compliance with this
section;
``(iii) the services provided by former
employees who occupy a covered post-service
position do not--
``(I) pose a current or future
threat to the national security of the
United States; or
``(II) pose a counterintelligence
risk; and
``(iv) the Director and the heads of such
elements are not aware of any credible
information or reporting that any individual
described in clause (iii) has engaged in
activities that violate Federal law, infringe
upon the privacy rights of United States
persons, or constitute abuses of human rights.
``(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
``(f) Notification.--In addition to the annual reports under
subsection (e), if a head of an element of the intelligence community
determines that the circumstances described in either clause (iii) or
(iv) of paragraph (2) of such subsection occur with respect to a former
employee described in those clauses, the head shall notify the
congressional intelligence committees of such determination by not
later than 7 days after making such determination. The notification
shall include the following:
``(1) The name of the former employee.
``(2) The name of the employer.
``(3) The foreign government, including the specific
foreign individual, agency, or entity, for whom the covered
post-service employment is being performed.
``(4) As applicable, a description of--
``(A) the risk to national security, the
counterintelligence risk, or both; and
``(B) the activities that may violate Federal law,
infringe upon the privacy rights of United States
persons, or constitute abuses of human rights.
``(g) Definitions.--In this section:
``(1) Covered intelligence position.--The term `covered
intelligence position' means a position within an element of
the intelligence community that, based on the level of access
of a person occupying such position to information regarding
sensitive intelligence sources or methods or other
exceptionally sensitive matters, the head of such element
determines should be subject to the requirements of this
section.
``(2) Covered post-service employment.--The term `covered
post-service employment' means direct or indirect employment
by, representation of, or any provision of advice or services
relating to national security, intelligence, the military, or
internal security to the government of a foreign country or any
company, entity, or other person whose activities are directly
or indirectly supervised, directed, controlled, financed, or
subsidized, in whole or in major part, by any government of a
foreign country.
``(3) Covered post-service position.--The term `covered
post-service position' means a position of employment described
in paragraph (2).
``(4) Employee.--The term `employee', with respect to an
employee occupying a covered intelligence position, includes an
officer or official of an element of the intelligence
community, a contractor of such an element, a detailee to such
an element, or a member of the Armed Forces assigned to such an
element.
``(5) Former employee.--The term `former employee' means an
individual--
``(A) who was an employee occupying a covered
intelligence position; and
``(B) who is subject to the requirements under
subsections (a) or (b).
``(6) Government of a foreign country.--The term
`government of a foreign country' has the meaning given the
term in section 1(e) of the Foreign Agents Registration Act of
1938 (22 U.S.C. 611(e)).''.
(2) Revised regulations.--
(A) Submission.--Not later than 90 days after the
date of the enactment of this Act, the head of each
element of the intelligence community shall submit to
the congressional intelligence committees updated
regulations issued under such section 304, as amended
by paragraph (1).
(B) Certification.--Not later than 180 days after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees--
(i) a written certification for each head
of an element of the intelligence community who
has issued the updated regulations under such
section 304, as amended by paragraph (1); and
(ii) for each head of an element of the
intelligence community who has not issued such
updated regulations, an explanation for the
failure to issue such updated regulations.
(3) Initial report.--In the first report submitted by the
Director of National Intelligence under subsection (e) of such
section 304, as amended by paragraph (1), the Director shall
include an assessment of the licensing requirements under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) and
recommendations with respect to strengthening the activities
regulated under such section 304.
(b) Clerical Amendment.--The table of sections at the beginning of
such Act is amended by striking the item relating to section 304 and
inserting the following new item:
``Sec. 304. Requirements for certain employment activities by former
intelligence officers and employees.''.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
SEC. 401. CLARIFICATION OF AUTHORITY OF NATIONAL RECONNAISSANCE OFFICE.
Section 106A of the National Security Act of 1947 (50 U.S.C. 3041a)
is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Clarification of Authority.--The Director of National
Intelligence may not transfer any element of the National
Reconnaissance Office to the Space Force. Nothing in chapter 908 of
title 10, United States Code, shall affect the authorities, duties, or
responsibilities of the Director of the National Reconnaissance Office,
including with respect to the authority of the Director to operate a
unified organization to carry out the research, development, test,
evaluation, acquisition, launch, deployment, and operations of overhead
reconnaissance systems and related data processing facilities of the
National Reconnaissance Office.''.
SEC. 402. ESTABLISHMENT OF OFFICE OF THE OMBUDSMAN FOR ANALYTIC
OBJECTIVITY.
(a) Office of the Ombudsman for Analytic Objectivity.--The Central
Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended by
adding at the end the following:
``SEC. 24. OFFICE OF THE OMBUDSMAN FOR ANALYTIC OBJECTIVITY.
``(a) Establishment.--There is established in the Agency an Office
of the Ombudsman for Analytic Objectivity (in this section referred to
as the `Office'), which shall be headed by an Ombudsman. The Ombudsman
shall be appointed by the Director from among the senior staff officers
of the Agency.
``(b) Duties and Responsibilities.--The Ombudsman shall--
``(1) on an annual basis, conduct a survey of analytic
objectivity among officers and employees of the Agency;
``(2) implement a procedure by which any officer or
employee of the Agency may submit to the Office a complaint
alleging politicization, bias, lack of objectivity, or other
issues relating to a failure of tradecraft in analysis
conducted by the Agency;
``(3) except as provided in paragraph (4), upon receiving a
complaint submitted pursuant to paragraph (2), take reasonable
action to investigate the complaint, make a determination as to
whether the incident described in the complaint involved
politicization, bias, or lack of objectivity, and prepare a
report that--
``(A) summarizes the facts relevant to the
complaint;
``(B) documents the determination of the Ombudsman
with respect to the complaint; and
``(C) contains a recommendation for remedial
action;
``(4) if a complaint submitted pursuant to paragraph (2)
alleges politicization, bias, or lack of objectivity in the
collection of intelligence information, refer the complaint to
the official responsible for supervising collection operations
of the Agency; and
``(5) continuously monitor changes in areas of analysis
that the Ombudsman determines involve a heightened risk of
politicization, bias, or lack of objectivity, to ensure that
any change in the analytic line arises from proper application
of analytic tradecraft and not as a result of politicization,
bias, or lack of objectivity.
``(c) Reports.--(1) On an annual basis, the Ombudsman shall submit
to the intelligence committees a report on the results of the survey
conducted pursuant to subsection (b)(1) with respect to the most recent
fiscal year.
``(2) On an annual basis, the Ombudsman shall submit to the
intelligence committees a report that includes--
``(A) the number of complaints of submitted pursuant to
subsection (b)(2) during the most recent fiscal year; and
``(B) a description of the nature of such complaints, the
actions taken by the Office or any other relevant element or
component of the Agency with respect to such complaints, and
the resolution of such complaints.
``(3) On a quarterly basis, the Ombudsman shall submit to the
intelligence committees a report that includes--
``(A) a list of the areas of analysis monitored during the
most recent calendar quarter pursuant to subsection (b)(5); and
``(B) a brief description of the methods by which the
Office has conducted such monitoring.
``(d) Intelligence Committees Defined.--In this section, the term
`intelligence committees' means the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate.''.
(b) Reference.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the Ombudsman
for Analytic and Collection Objectivity of the Central Intelligence
Agency shall be deemed to be a reference to the Office of the Ombudsman
for Analytic Objectivity of the Central Intelligence Agency established
by section 24(a) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3501 et seq.), as added by subsection (a).
(c) Report on Surveys for Fiscal Years 2018 and 2019.--Not later
than 10 days after the date of the enactment of this Act, the Director
of the Central Intelligence Agency shall submit to the congressional
intelligence committees any reports previously prepared by the
Ombudsman for Analytic and Collection Objectivity with respect to the
surveys of analytic objectivity conducted for fiscal years 2018 and
2019.
SEC. 403. PLACEMENT ON THE EXECUTIVE SCHEDULE FOR DEPARTMENT OF DEFENSE
DIRECTORS OF THE NATIONAL SECURITY AGENCY AND THE
NATIONAL RECONNAISSANCE OFFICE.
(a) In General.--Section 5314 of title 5, United States Code, is
amended by inserting after the item relating to the Executive
Secretary, National Space Council the following new items:
``Director of the National Security Agency.
``Director of the National Reconnaissance Office.''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to--
(1) any individual who is appointed to serve as the
Director of the National Security Agency on or after the date
of the enactment of this Act; and
(2) any individual who is appointed to serve as the
Director of the National Reconnaissance Office on or after the
date of the enactment of this Act.
SEC. 404. EXPANSION OF PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT
EXPERTS IN SCIENCE AND ENGINEERING.
Section 1599h of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(7) NGA.--The Director of the National Geospatial-
Intelligence Agency may carry out a program of personnel
management authority provided in subsection (b) in order to
facilitate recruitment of eminent experts in science or
engineering for research and development projects and to
enhance the administration and management of the Agency.'';
(2) in subsection (b)(1)--
(A) in subparagraph (E), by striking ``; and'';
(B) in subparagraph (F), by striking the semicolon
and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(G) in the case of the National Geospatial-
Intelligence Agency, appoint individuals to a total of
not more than 7 positions in the Agency, of which not
more than 2 such positions may be positions of
administration or management in the Agency;''; and
(3) in subsection (c)(2), by striking ``or the Joint
Artificial Intelligence Center'' and inserting ``the Joint
Artificial Intelligence Center, or the National Geospatial-
Intelligence Agency''.
SEC. 405. SPECIAL ACCESS PROGRAMS: CONGRESSIONAL OVERSIGHT.
Section 119 of title 10, United States Code, is amended--
(1) by striking subsection (g) and inserting the following
new subsection:
``(g) In this section, the term `appropriate congressional
committees' means the following:
``(1) The Committee on Armed Services and the Committee on
Appropriations, and the Defense Subcommittee of the Committee
on Appropriations, of the Senate.
``(2) The Committee on Armed Services and the Committee on
Appropriations, and the Subcommittee on Defense of the
Committee on Appropriations, of the House of Representatives.
``(3) With respect to a special access program or a new
special access program covered by a report or notification
under this section that the Secretary of Defense determines to
be an intelligence or intelligence-related special access
program, and with respect to any other special access program
or new special access program covered by a report or
notification under this section or any other matters that the
Secretary determines appropriate, the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate.''; and
(2) by striking ``defense committees'' each place it
appears and inserting ``appropriate congressional committees''.
SEC. 406. SENIOR CHIEF PETTY OFFICER SHANNON KENT AWARD FOR
DISTINGUISHED FEMALE PERSONNEL OF THE NATIONAL SECURITY
AGENCY.
The National Security Agency Act of 1959 (50 U.S.C. 3601 et seq.)
is amended by adding at the end the following new section:
``SEC. 21. SENIOR CHIEF PETTY OFFICER SHANNON KENT AWARD FOR
DISTINGUISHED FEMALE PERSONNEL.
``(a) Establishment.--The Director of the National Security Agency
shall establish an honorary award for the recognition of female
personnel of the National Security Agency for distinguished career
contributions in support of the mission of the Agency as civilian
employees or members of the Armed Forces assigned to the Agency. The
award shall be known as the `Senior Chief Petty Officer Shannon Kent
Award' and shall consist of a design determined appropriate by the
Director.
``(b) Award.--The Director shall award the Senior Chief Petty
Officer Shannon Kent Award to female civilian employees, members of the
Armed Forces, or former civilian employees or members, whom the
Director determines meet the criteria under subsection (a).''.
SEC. 407. DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE AND
CYBERSECURITY DIVERSITY FELLOWSHIP PROGRAM.
(a) Program.--Subtitle D of title XIII of the Homeland Security Act
of 2002 (5 U.S.C. 3301 note et seq.) is amended by adding at the end
the following new section:
``SEC. 1333. INTELLIGENCE AND CYBERSECURITY DIVERSITY FELLOWSHIP
PROGRAM.
``(a) Program.--The Secretary shall carry out an intelligence and
cybersecurity diversity fellowship program (in this section referred to
as the `Program') under which an eligible individual may--
``(1) participate in a paid internship at the Department
that relates to intelligence, cybersecurity, or some
combination thereof;
``(2) receive tuition assistance from the Secretary; and
``(3) upon graduation from an institution of higher
education and successful completion of the Program (as defined
by the Secretary), receive an offer of employment to work in an
intelligence or cybersecurity position of the Department that
is in the excepted service.
``(b) Eligibility.--To be eligible to participate in the Program,
an individual shall--
``(1) be a citizen of the United States; and
``(2) as of the date of submitting the application to
participate in the Program--
``(A) have a cumulative grade point average of at
least 3.2 on a 4.0 scale; and
``(B) be a sophomore, junior, or senior at--
``(i) a historically Black college or
university or a minority-serving institution;
or
``(ii) an institution of higher education
that is not a historically Black college or
university or a minority-serving institution
and be an active participant in a minority-
serving organization of such institution.
``(c) Direct Hire Authority.--If an individual who receives an
offer of employment under subsection (a)(3) accepts such offer, the
Secretary shall appoint, without regard to provisions of subchapter I
of chapter 33 of title 5, United States Code, (except for section 3328
of such title) such individual to the position specified in such offer.
``(d) Reports.--
``(1) Reports.--Not later than 1 year after the date of the
enactment of this section, and on an annual basis thereafter,
the Secretary shall submit to the appropriate committees of
Congress a report on the Program.
``(2) Matters.--Each report under paragraph (1) shall
include, with respect to the most recent year, the following:
``(A) A description of outreach efforts by the
Secretary to raise awareness of the Program among
institutions of higher education in which eligible
individuals are enrolled.
``(B) Information on specific recruiting efforts
conducted by the Secretary to increase participation in
the Program.
``(C) The number of individuals participating in
the Program, listed by the institution of higher
education in which the individual is enrolled at the
time of participation, and information on the nature of
such participation, including on whether the duties of
the individual under the Program relate primarily to
intelligence or to cybersecurity.
``(D) The number of individuals who accepted an
offer of employment under the Program and an
identification of the element within the Department to
which each individual was appointed.
``(e) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
``(B) the Committee on Homeland Security and
Governmental Affairs and the Select Committee on
Intelligence of the Senate.
``(2) Excepted service.--The term `excepted service' has
the meaning given that term in section 2103 of title 5, United
States Code.
``(3) Historically black college or university.--The term
`historically Black college or university' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(5) Minority-serving institution.--The term `minority-
serving institution' means an institution of higher education
described in section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 1332 the
following new item:
``Sec. 1333. Intelligence and cybersecurity diversity fellowship
program.''.
SEC. 408. CLIMATE SECURITY ADVISORY COUNCIL AND CLIMATE SECURITY
INTELLIGENCE CENTER.
(a) Climate Security Advisory Council.--
(1) Repeal of sunset.--Section 120 of the National Security
Act of 1947 (50 U.S.C. 3060) is amended by striking subsection
(d) and redesignating subsection (e) as subsection (d).
(2) Technical amendment.--Subsection (c)(4) of such section
is amended by striking ``security indicators'' and inserting
``intelligence indications''.
(b) Plan for Climate Security Intelligence Center.--Not later than
180 days after the date of the enactment of this Act, the chair of the
Climate Security Advisory Council established under section 120 of the
National Security Act of 1947 (50 U.S.C. 3060) shall submit to the
congressional intelligence committees a written plan to permanently
establish within the Office of the Director of National Intelligence a
Climate Security Intelligence Center (to be headed by a Director
appointed by the Director of National Intelligence) to fulfil each of
the duties described in subsection (c). Such plan shall include the
following:
(1) Recommendations for the Center, developed based on
findings by the Climate Security Advisory Council in carrying
out its duties and responsibilities, that relate to--
(A) the scope of the mission, duties,
responsibilities, and functions of the Center;
(B) the composition and staffing of the Center with
personnel from agencies of the Federal Government,
including through the detail of nonintelligence
community personnel to the Center; and
(C) approaches to data-sharing, information
exchanges, and other types of collaboration (at the
appropriate level of classification), on matters
relating to climate security and environmental science
between the Center and--
(i) elements of the Federal Government that
are not elements of the intelligence community;
and
(ii) other key stakeholders in the
scientific enterprise of the United States,
including institutions of higher education,
Federal research laboratories (including the
national security laboratories), private
industry, and nonprofit research organizations.
(2) A proposed process for transferring from the Climate
Security Advisory Council to the Center the functions currently
carried out by such Council, including a timeline for the
transfer and a statement on the feasibility of establishing the
Center and completing the transfer by the end of 2022.
(3) A request for any resources, facilities, personnel, or
authorities that the Climate Security Advisory Council
determines necessary to ensure that, upon establishment, the
Center and its Director may fulfil the duties described in
subsection (c).
(c) Duties.--The duties described in this subsection are the
following:
(1) To serve as the primary organization within the
intelligence community for--
(A) analyzing climate security threats and the
climate influence of the United States; and
(B) identifying and disseminating climate
intelligence indications and warnings.
(2) To assess and identify best practices in the analysis
of climate security, including identifying publicly available
information and clandestinely collected intelligence that
enables such analysis.
(3) To assess and identify best practices with respect to
prior efforts of the intelligence community to analyze climate
security, including--
(A) the Measurements of Earth Data for
Environmental Analysis program of the Central
Intelligence Agency;
(B) the Center on Climate Change and National
Security of the Central Intelligence Agency; and
(C) climate security-related activities of the
Director of National Intelligence.
(4) To use the best practices identified under paragraphs
(2) and (3) to inform the work of the Climate Security
Intelligence Center.
(5) To consult, as appropriate, with other elements of the
intelligence community and Federal agencies to avoid
duplication of existing efforts.
(6) To carry out any functions transferred pursuant to the
process proposed in subsection (b)(2).
(7) To perform such other duties as the Director of
National Intelligence shall specify.
(d) Study on Advisory Council Model for Strategic or Transnational
Threats.--
(1) Study.--The Director of National Intelligence, in
coordination with the heads of other elements of the
intelligence community determined appropriate by the Director,
shall conduct a study on the effectiveness of the Climate
Security Advisory Council as a potential model for future
advisory councils that--
(A) focus on optimizing the collection and analysis
of intelligence relating to strategic or transnational
threats to the national security of the United States
(including threats posed by disease outbreaks,
pandemics, or other global health threats); and
(B) are composed of elements of the intelligence
community and relevant elements of the Federal
Government that are not elements of the intelligence
community.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees a report containing the
findings of the study under paragraph (1).
(e) Definitions.--In this section:
(1) Climate security.--The term ``climate security'' means
the effects of climate change on the following:
(A) The national security of the United States.
(B) Infrastructure that enhances the national
security of the United States, including--
(i) military installations, Department of
Defense facilities, intelligence community
facilities, and other physical facilities that
contribute to or otherwise support operations
of the intelligence community or the Department
of Defense; and
(ii) critical infrastructure of the United
States (as defined in subsection (e) of the
Critical Infrastructures Protection Act of 2001
(42 U.S.C. 5195c(e))).
(C) Subnational, national, regional, and global
politics, governance, and political stability.
(D) The security of allies and partners of the
United States.
(E) Ongoing or potential political violence,
including unrest, rioting, guerrilla warfare,
insurgency, terrorism, rebellion, revolution, civil
war, and interstate war.
(2) Climate influence of the united states.--The term
``climate influence of the United States'' means the global
influence and leadership of the United States with respect to
the climate policies of other countries, international
organizations, and transnational groups.
(3) Climate intelligence indications and warnings.--The
term ``climate intelligence indications and warnings'' means
climate security developments with the potential to--
(A) imminently and substantially alter the
political stability or degree of human security in a
state or region; or
(B) threaten the United States, the military,
political, or economic interests of allies or coalition
partners of the United States, or citizens of the
United States abroad.
TITLE V--INSPECTORS GENERAL OF ELEMENTS OF THE INTELLIGENCE COMMUNITY
AND PROTECTION OF WHISTLEBLOWERS
SEC. 501. INDEPENDENCE OF INSPECTORS GENERAL OF THE INTELLIGENCE
COMMUNITY.
(a) In General.--The National Security Act of 1947 (50 U.S.C. 3001
et seq.) is amended by adding at the end the following new title:
``TITLE XII--MATTERS REGARDING INSPECTORS GENERAL OF ELEMENTS OF THE
INTELLIGENCE COMMUNITY
``Subtitle A--Inspectors General
``SEC. 1201. INDEPENDENCE OF INSPECTORS GENERAL.
``(a) Removal.--A covered Inspector General may be removed from
office only by the President. The President may remove a covered
Inspector General only for any of the following grounds:
``(1) Permanent incapacity.
``(2) Inefficiency.
``(3) Neglect of duty.
``(4) Malfeasance.
``(5) Conviction of a felony or conduct involving moral
turpitude.
``(6) Substantial violations of laws, rules, or
regulations.
``(7) Gross mismanagement.
``(8) Gross waste of funds.
``(9) Abuse of authority.
``(b) Administrative Leave.--A covered Inspector General may be
placed on administrative leave only by the President. The President may
place a covered Inspector General on administrative leave only for any
of the grounds specified in subsection (a).
``(c) Notification.--The President may not remove a covered
Inspector General under subsection (a) or place a covered Inspector
General on administrative leave under subsection (b) unless--
``(1) the President transmits in writing to the
congressional intelligence committees a notification of such
removal or placement, including a detailed explanation of the
grounds for such removal or placement and the evidence
supporting such grounds; and
``(2) with respect to the removal of a covered Inspector
General, a period of 30 days elapses following the date of such
transmittal.
``(d) Report.--Not later than 30 days after the date on which the
President notifies a covered Inspector General of being removed under
subsection (a) or placed on administrative leave under subsection (b),
the office of that Inspector General shall submit to the congressional
intelligence committees a report identifying--
``(1) each complaint, investigation, inspection, audit, or
other review or inquiry, including any information, allegation,
or complaint reported to the Attorney General in accordance
with section 535 of title 28, United States Code, that the
Inspector General was working on as of the date of such removal
or placement; and
``(2) the status of each such complaint, investigation,
inspection, audit, or other review or inquiry.
``(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit a personnel action of a covered Inspector General
otherwise authorized by law, other than transfer or removal.
``(f) Definitions.--In this section:
``(1) Administrative leave.--The term `administrative
leave' includes any other type of paid or unpaid non-duty
status.
``(2) Covered inspector general.--The term `covered
Inspector General' includes an individual performing the
functions and duties of a covered Inspector General in an
acting capacity.''.
(b) Definition.--Section 3 of such Act (50 U.S.C. 3003) is amended
by adding at the end the following new paragraph:
``(8) The term `covered Inspector General' means each
Inspector General of an element of the intelligence community,
including the Inspector General of the Intelligence
Community.''.
(c) Clerical Amendments.--The table of sections at the beginning of
the National Security Act of 1947 is amended by adding after the items
relating to title XI the end the following new items:
``TITLE XII--MATTERS REGARDING INSPECTORS GENERAL OF ELEMENTS OF THE
INTELLIGENCE COMMUNITY
``SUBTITLE A--INSPECTORS GENERAL
``Sec. 1201. Independence of inspectors general.''.
SEC. 502. DESIGNATION OF ACTING INSPECTORS GENERAL OF THE INTELLIGENCE
COMMUNITY IN CASES OF VACANCIES.
(a) In General.--Title XII of the National Security Act of 1947, as
added by section 501, is amended by inserting after section 1201 the
following new section:
``SEC. 1203. DESIGNATION OF ACTING INSPECTORS GENERAL OF THE
INTELLIGENCE COMMUNITY IN CASES OF VACANCIES.
``(a) Designation.--If a covered Inspector General dies, resigns,
is removed from office, or is otherwise unable to perform the functions
and duties of the office of that Inspector General, the President may
only direct an individual specified in subsection (b) to perform the
functions and duties of that Inspector General in an acting capacity
until an individual is appointed by the President, by and with the
advice and consent of the Senate, to serve as Inspector General.
``(b) Individuals Who Can Serve in Acting Capacity.--The following
individuals may serve as an acting Inspector General pursuant to
subsection (a):
``(1) The individual who holds the most senior position in
that Office of the Inspector General as a career appointee in
the Senior Intelligence Service, the Senior National
Intelligence Service, or other applicable senior executive
service.
``(2) An individual who is serving as an inspector general
of another department, agency, or other element of the Federal
Government whose appointment to that position was made by the
President, by and with the advice and consent of the Senate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the National Security Act of 1947 is amended by inserting after the
item relating to section 1201, as added by section 501, the following
new item:
``Sec. 1203. Designation of acting Inspectors General of the
intelligence community in cases of
vacancies.''.
SEC. 503. AUTHORITY OF INSPECTORS GENERAL OF THE INTELLIGENCE COMMUNITY
TO DETERMINE MATTERS OF URGENT CONCERN.
(a) Determination.--
(1) In general.--Title XII of the National Security Act of
1947, as added by section 501, is amended by inserting after
section 1203, as added by section 502, the following new
section:
``SEC. 1205. DETERMINATION OF MATTERS OF URGENT CONCERN.
``(a) Determination.--Each covered Inspector General shall have
sole authority to determine whether any complaint or information
reported to the Inspector General is a matter of urgent concern. Such
determination is final and conclusive.
``(b) Foreign Interference in Elections.--In addition to any other
matter which is considered an urgent concern pursuant to section
103H(k)(5)(G), section 17(d)(5)(G) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 3517(d)(5)(G)), or other applicable provision of
law, the term `urgent concern' includes a serious or flagrant problem,
abuse, violation of law or Executive order, or deficiency relating to
foreign interference in elections in the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of the National Security Act of 1947 is amended by
inserting after the item relating to section 1203, as added by
section 502, the following new item:
``Sec. 1205. Determination of matters of urgent concern.''.
(b) Conforming Amendments.--
(1) Intelligence community.--Section 103H(k)(5)(G) of the
National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)) is
amended by striking ``In this paragraph'' and inserting ``In
accordance with section 1205, in this paragraph''.
(2) Central intelligence agency.--Section 17(d)(5)(G) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)(G)) is amended by striking ``In this paragraph'' and
inserting ``In accordance with section 1205 of the National
Security Act of 1947, in this paragraph''.
(c) Reports on Unresolved Differences.--Paragraph (3) of section
103H(k) of the National Security Act of 1947 (50 U.S.C. 3033(k)) is
amended by adding at the end the following new subparagraph:
``(C) With respect to each report submitted pursuant to paragraph
(A)(i), the Inspector General shall include in the report, at a
minimum--
``(i) a general description of the unresolved differences,
the particular duties or responsibilities of the Inspector
General involved, and, if such differences relate to a
complaint or information under paragraph (5), a description of
the complaint or information and the entities or individuals
identified in the complaint or information; and
``(ii) to the extent such differences can be attributed not
only to the Director but also to any other official,
department, agency, or office within the executive branch, or a
component thereof, the titles of such official, department,
agency, or office.''.
(d) Clarification of Role of Director of National Intelligence.--
Section 102A(f)(1) of (50 U.S.C. 3024(f)(1)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) The authority of the Director of National
Intelligence under subparagraph (A) includes coordinating and
supervising activities undertaken by elements of the
intelligence community for the purpose of protecting the United
States from any foreign interference in elections in the United
States.''.
SEC. 504. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY WHISTLEBLOWER
COMPLAINTS WITH PERSONS NAMED IN SUCH COMPLAINTS.
(a) In General.--Title XII of the National Security Act of 1947, as
added by section 501, is further amended by inserting after section
1205, as added by section 503, the following new subtitle:
``Subtitle B--Protections for Whistleblowers
``SEC. 1223. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY
WHISTLEBLOWER COMPLAINTS WITH PERSONS NAMED IN SUCH
COMPLAINTS.
``(a) In General.--It shall be unlawful for any employee or officer
of the Federal Government to knowingly and willfully share any
whistleblower disclosure information with any individual named as a
subject of the whistleblower disclosure and alleged in the disclosure
to have engaged in misconduct, unless--
``(1) the whistleblower consented, in writing, to such
sharing before the sharing occurs;
``(2) a covered Inspector General to whom such disclosure
is made--
``(A) determines that such sharing is unavoidable
and necessary to advance an investigation, audit,
inspection, or evaluation by the Inspector General; and
``(B) notifies the whistleblower of such sharing
before the sharing occurs; or
``(3) an attorney for the Government--
``(A) determines that such sharing is unavoidable
and necessary to advance an investigation by the
attorney; and
``(B) notifies the whistleblower of such sharing
before the sharing occurs.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined in accordance with title 18, United States Code, imprisoned for
not more than 2 years, or both.
``(c) Whistleblower Disclosure Information Defined.--In this
section, the term `whistleblower disclosure information' means, with
respect to a whistleblower disclosure--
``(1) the disclosure;
``(2) confirmation of the fact of the existence of the
disclosure; or
``(3) the identity, or other identifying information, of
the whistleblower who made the disclosure.''.
(b) Technical and Clerical Amendments.--
(1) Transfer.--The National Security Act of 1947 (50 U.S.C.
3001 et seq.) is amended as follows:
(A) Section 1104 is--
(i) transferred to title XII of such Act,
as added by section 501;
(ii) inserted before section 1223 of such
Act, as added by this section; and
(iii) redesignated as section 1221.
(B) Section 1106 is--
(i) amended by striking ``section 1104''
each place it appears and inserting ``section
1221'';
(ii) transferred to title XII of such Act,
as added by section 501;
(iii) inserted after section 1223 of such
Act, as added by this section; and
(iv) redesignated as section 1225.
(2) Clerical amendments.--The table of sections at the
beginning of the National Security Act of 1947 is amended--
(A) by striking the items relating to section 1104
and section 1106; and
(B) by inserting after the item relating to section
1205 the following new items:
``SUBTITLE B--PROTECTIONS FOR WHISTLEBLOWERS
``Sec. 1221. Prohibited personnel practices in the intelligence
community.
``Sec. 1223. Limitation on sharing of intelligence community
whistleblower complaints with persons named
in such complaints.
``Sec. 1225. Inspector General external review panel.''.
(c) Definitions.--Section 3 of such Act (50 U.S.C. 3003), as
amended by section 501, is further amended by adding at the end the
following new paragraphs:
``(9) The term `whistleblower' means a person who makes a
whistleblower disclosure.
``(10) The term `whistleblower disclosure' means a
disclosure that is protected under section 1221 of this Act or
section 3001(j)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)).''.
(d) Conforming Amendment.--Section 5331 of the Damon Paul Nelson
and Matthew Young Pollard Intelligence Authorization Act for Fiscal
Years 2018, 2019, and 2020 (division E of Public Law 116-92; 50 U.S.C.
3033 note) is amended by striking ``section 1104 of the National
Security Act of 1947 (50 U.S.C. 3234)'' and inserting ``section 1221 of
the National Security Act of 1947''.
SEC. 505. DISCLOSURES TO CONGRESS.
(a) In General.--Title XII of the National Security Act of 1947, as
added by section 501, is further amended by inserting after section
1225, as designated by section 504(b), the following new section:
``SEC. 1227. PROCEDURES REGARDING DISCLOSURES TO CONGRESS.
``(a) Guidance.--
``(1) Obligation to provide security direction upon
request.--Upon the request of a whistleblower, the head of the
relevant element of the intelligence community, acting through
the covered Inspector General for that element, shall furnish
on a confidential basis to the whistleblower information
regarding how the whistleblower may directly contact the
congressional intelligence committees, in accordance with
appropriate security practices, regarding a complaint or
information of the whistleblower pursuant to section
103H(k)(5)(D) or other appropriate provision of law.
``(2) Nondisclosure.--Unless a whistleblower who makes a
request under paragraph (1) provides prior consent, a covered
Inspector General may not disclose to the head of the relevant
element of the intelligence community--
``(A) the identity of the whistleblower; or
``(B) the element at which such whistleblower is
employed, detailed, or assigned as a contractor
employee.
``(b) Oversight of Obligation.--If a covered Inspector General
determines that the head of an element of the intelligence community
denied a request by a whistleblower under subsection (a), directed the
whistleblower not to contact the congressional intelligence committees,
or unreasonably delayed in providing information under such subsection,
the covered Inspector General shall notify the congressional
intelligence committees of such denial, direction, or unreasonable
delay.
``(c) Permanent Security Officer.--The head of each element of the
intelligence community may designate a permanent security officer in
the element to provide to whistleblowers the information under
subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
the National Security Act of 1947 is amended by inserting after the
item relating to section 1225, as added by section 504(b), the
following new item:
``Sec. 1227. Procedures regarding disclosures to Congress.''.
(c) Conforming Amendment.--Section 103H(k)(5)(D)(i) of the National
Security Act of 1947 (50 U.S.C. 3033(k)(5)(D)(i)) is amended by adding
at the end the following: ``The employee may request information
pursuant to section 1227 with respect to contacting such committees.''.
SEC. 506. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER IDENTITY AS
REPRISAL AGAINST WHISTLEBLOWER DISCLOSURE BY EMPLOYEES
AND CONTRACTORS IN INTELLIGENCE COMMUNITY.
(a) In General.--Paragraph (3) of subsection (a) of section 1221 of
the National Security Act of 1947, as designated by section
504(b)(1)(A), is amended--
(1) in subparagraph (I), by striking ``; or'' and inserting
a semicolon;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following:
``(J) a knowing and willful disclosure revealing
the identity or other personally identifiable
information of such employee or such contractor
employee without the express written consent of such
employee or such contractor employee or if the
Inspector General determines it is necessary for the
exclusive purpose of investigating a complaint or
information received under section 8H of the Inspector
General Act of 1978 (5 U.S.C. App. 8H); or''.
(b) Applicability to Detailees.--Such subsection is amended by
adding at the end the following:
``(5) Employee.--The term `employee', with respect to an
agency or a covered intelligence community element, includes an
individual who has been detailed to such agency or covered
intelligence community element.''.
(c) Private Right of Action for Unlawful Disclosure of
Whistleblower Identity.--Subsection (d) of such section is amended to
read as follows:
``(d) Enforcement.--
``(1) In general.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement of
this section.
``(2) Private right of action for unlawful, willful
disclosure of whistleblower identity.--In a case in which an
employee of an agency, or other employee or officer of the
Federal Government, takes a personnel action described in
subsection (a)(3)(J) against an employee of a covered
intelligence community element as a reprisal in violation of
subsection (b) or in a case in which a contractor employee
takes a personnel action described in such subsection against
another contractor employee as a reprisal in violation of
subsection (c), the employee or contractor employee against
whom the personnel action was taken may bring a private action
for all appropriate remedies, including injunctive relief and
compensatory and punitive damages, against the employee or
contractor employee who took the personnel action, in a Federal
district court of competent jurisdiction within 180 days of
when the employee or contractor employee first learned of or
should have learned of the violation.''.
SEC. 507. CONFORMING AMENDMENTS AND COORDINATION WITH OTHER PROVISIONS
OF LAW.
(a) Intelligence Community.--Paragraph (4) of section 103H(c) of
the National Security Act of 1947 (50 U.S.C. 3033(c)) is amended to
read as follows:
``(4) The provisions of title XII shall apply to the Inspector
General with respect to the removal of the Inspector General, a vacancy
in the position of the Inspector General, and any other matter relating
to the Inspector General as specifically provided for in such title.''.
(b) Central Intelligence Agency.--Paragraph (6) of section 17(b) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)) is
amended to read as follows:
``(6) The provisions of title XII of the National Security Act of
1947 shall apply to the Inspector General with respect to the removal
of the Inspector General, a vacancy in the position of the Inspector
General, and any other matter relating to the Inspector General as
specifically provided for in such title.''.
(c) Other Elements.--
(1) In general.--Title XII of the National Security Act of
1947, as added by section 501, is further amended by inserting
after section 1205, as added by section 503, the following new
section:
``SEC. 1207. COORDINATION WITH OTHER PROVISIONS OF LAW.
``No provision of law that is inconsistent with any provision of
this title shall be considered to supersede, repeal, or otherwise
modify a provision of this title unless such other provision of law
specifically cites a provision of this title in order to supersede,
repeal, or otherwise modify that provision of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of the National Security Act of 1947 is amended by
inserting after the item relating to section 1205, as added by
section 503, the following new item:
``Sec. 1207. Coordination with other provisions of law.''.
SEC. 508. SEVERABILITY.
If any provision of this title, any amendment made by this title,
or the application thereof to any person or circumstances is held
invalid, the validity of the remainder of the title, of any such
amendments, and of the application of such provisions to other persons
and circumstances shall not be affected thereby.
TITLE VI--MATTERS RELATING TO EMERGING TECHNOLOGIES
SEC. 601. MODIFICATIONS TO DUTIES OF DIRECTOR OF SCIENCE AND
TECHNOLOGY.
(a) Modifications.--Section 103E of the National Security Act of
1947 (50 U.S.C. 3030) is amended to read as follows:
``SEC. 103E. DIRECTOR OF SCIENCE AND TECHNOLOGY.
``(a) Director of Science and Technology.--
``(1) Director of science and technology.--There is a
Director of Science and Technology within the Office of the
Director of National Intelligence who shall be appointed by and
shall report directly to the Director of National Intelligence.
``(2) Qualifications for appointment.--The Director of
Science and Technology shall be appointed from among Federal
employees and shall have a professional background and
experience appropriate for the duties of the Director of
Science and Technology.
``(3) Responsibilities.--The Director of Science and
Technology shall be responsible for--
``(A) leading the strategic vision for and
prioritization of covered activities of the
intelligence community; and
``(B) providing science and technological expertise
for intelligence analyses conducted by the intelligence
community with respect to covered activities of foreign
adversaries, as requested.
``(b) Duties.--The Director of Science and Technology shall--
``(1) act as the primary advisor to the Director of
National Intelligence regarding the science and technology of
the intelligence community;
``(2) chair the National Intelligence Science and
Technology Committee under subsection (c);
``(3) have access to any information relating to covered
activities of the intelligence community;
``(4) assist the Director of National Intelligence in
developing elements of the budget of the Office of the Director
of National Intelligence and the intelligence community that
relate to--
``(A) covered activities of the intelligence
community; or
``(B) covered activities of foreign adversaries;
``(5) on behalf of the Director of National Intelligence--
``(A) lead the development and oversee the planning
of a long-term strategy for covered activities of the
intelligence community; and
``(B) lead the prioritization of such activities;
``(6) share knowledge to help ensure that the intelligence
community has the scientific and technological expertise
necessary to fulfill national and military intelligence
priorities relating to the progress of foreign adversaries in
covered activities; and
``(7) perform other such duties as may be assigned by the
Director of National Intelligence or specified by law.
``(c) National Intelligence Science and Technology Committee.--
``(1) Committee.--There is within the Office of the
Director of Science and Technology a National Intelligence
Science and Technology Committee, which shall be chaired by the
Director of Science and Technology.
``(2) Composition.--The Committee shall be composed of one
representative from each element of the intelligence community,
who is--
``(A) the principal science and technology advisor
to the head of the element; or
``(B) an appropriate senior official designated by
the head of the element.
``(3) Coordination.--The Committee shall coordinate the
covered activities of the intelligence community, including
by--
``(A) identifying gaps in authorities or resources
that impact the ability of the intelligence community
to advance such activities;
``(B) assisting the Director of Science and
Technology in developing recommendations for the
Director of National Intelligence on the prioritization
of such activities;
``(C) assisting the Director of Science and
Technology in identifying changes to existing programs
and resources necessary for the advancement of such
activities;
``(D) developing and maintaining a centralized
process by which the Committee may--
``(i) document the scientific and
technological needs of each element of the
intelligence community;
``(ii) document any anticipated or planned
projects, programs, or related activities to
address such needs; and
``(iii) provide information and regular
updates to other members of the Committee on
ongoing covered activities of the intelligence
community and related projects and programs
(including information and updates on work
sponsored at federally funded research and
development centers), in order to avoid
duplicative efforts among the elements of the
intelligence community; and
``(E) maintaining comprehensive and persistent
visibility into capabilities, assets, and talents in
science, technology, or engineering that--
``(i) are available to the intelligence
community at federally funded research and
development centers; and
``(ii) may address the needs documented
pursuant to subparagraph (D)(i).
``(4) Intelligence analyses.--The Committee may provide
scientific and technological expertise and advice on analyses
conducted by the intelligence community on scientific and
technological research and development achievements of foreign
adversaries that affect the national security of the United
States, including by--
``(A) coordinating with (and deconflicting with as
appropriate) the National Intelligence Officer for
Science and Technology of the Office of the Director of
National Intelligence with respect to threats posed by
such achievements;
``(B) identifying investments and advancements made
by foreign adversaries in pursuit of such achievements
and communicating the identifications to policymakers
and the Armed Forces of the United States;
``(C) providing intelligence to assist national and
military customers in identifying and prioritizing
technically and operationally feasible applications of
such achievements;
``(D) advising policymakers and the Armed Forces of
the United States on vulnerabilities of the United
States that may be revealed, exploited, or otherwise
implicated by foreign adversaries through such
achievements; and
``(E) collaborating with the heads of components of
elements of the intelligence community, including the
Open Source Enterprise and the Department of Defense
Open Source Council (or any related successor
component) and other appropriate entities, to analyze
and exploit open-source science and technology
intelligence.
``(d) Reports.--
``(1) Submission.--On an annual basis, the Director of
National Intelligence shall submit to the congressional
intelligence committees--
``(A) a report on the efforts of the National
Intelligence Science and Technology Committee; and
``(B) a report that--
``(i) addresses the status of covered
activities of the intelligence community,
including any advancements made with respect to
such activities; and
``(ii) includes a submission from the head
of each element of the intelligence community
describing any covered activities sponsored by
that element at a federally funded research and
development center during the most recent
calendar year.
``(2) Form.--The report under paragraph (1)(C) shall be
submitted in classified form.
``(e) Definitions.--In this section:
``(1) Covered activities.--The term `covered activities'
means scientific and technological research and development
activities.
``(2) Open-source science and technology intelligence.--The
term `open-source science and technology intelligence' means
information of intelligence value regarding scientific and
technological developments that appears in print or electronic
form, including radio, television, newspapers, journals, the
internet, commercial databases, videos, graphics, drawings, or
any other publicly available source.''.
(b) Initial Reports.--
(1) Report on efforts.--Not later than 1 year after the
date of the enactment of this Act, the Director of National
Intelligence shall submit the first report under section
103E(d)(1)(A) of the National Security Act of 1947, as amended
by subsection (a).
(2) Reports on assessment and covered activities.--Not
later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit the
first reports under subparagraphs (B) and (C) of section
103E(d)(1) of the National Security Act of 1947, as amended by
subsection (a).
SEC. 602. ANNUAL REPORTS ON RESEARCH AND DEVELOPMENT FOR SCIENTIFIC AND
TECHNOLOGICAL ADVANCEMENTS.
(a) Reports.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), as amended by section 305, is amended by adding
at the end the following new section:
``SEC. 1110. ANNUAL REPORTS ON RESEARCH AND DEVELOPMENT FOR SCIENTIFIC
AND TECHNOLOGICAL ADVANCEMENTS.
``(a) Requirement.--On an annual basis, the Director of National
Intelligence shall submit to the appropriate congressional committees a
report on research and development activities conducted by adversaries
of the United States regarding scientific and technological
advancements.
``(b) Form.--The report under subsection (a) shall be submitted in
classified form.
``(c) Appropriate Congressional Committee Defined.--In this
section, the term `appropriate congressional committees' means the
following:
``(1) The Permanent Select Committee on Intelligence and
the Committee on Armed Services of the House of
Representatives.
``(2) The Select Committee on Intelligence and the
Committee on Armed Services of the Senate.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the National Security Act of 1947 is amended by inserting after the
item relating to section 1109, as added by section 305, the following
new item:
``Sec. 1110. Annual reports on research and development for scientific
and technological advancements.''.
(c) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit the first report under section 1109 of the National Security Act
of 1947, as added by subsection (a).
SEC. 603. IMPROVEMENT OF EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEERING,
ARTS, AND MATHEMATICS.
(a) Program.--Subtitle A of title X of the National Security Act of
1947 (50 U.S.C. 3191 et seq.) is amended by adding at the end the
following new section:
``SEC. 1003. IMPROVEMENT OF EDUCATION IN SCIENCE, TECHNOLOGY,
ENGINEERING, ARTS, AND MATHEMATICS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' includes
a department or agency of the Federal Government, a State, a
political subdivision of a State, an individual, and a not-for-
profit or other organization in the private sector.
``(2) Educational institution.--The term `educational
institution' includes any public or private elementary school
or secondary school, institution of higher education, college,
university, or any other profit or nonprofit institution that
is dedicated to improving science, technology, engineering, the
arts, mathematics, business, law, medicine, or other fields
that promote development and education relating to science,
technology, engineering, the arts, mathematics, business, law,
and medicine.
``(3) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, and any
other territory or possession of the United States.
``(b) Requirements.--Each head of an element of the intelligence
community shall, on a continuing basis--
``(1) identify actions that the head may take to improve
education in the scientific, technology, engineering, the arts,
and mathematics (known as `STEAM') skills necessary to meet the
long-term national security needs of the United States for
personnel proficient in such skills; and
``(2) establish and conduct programs to carry out such
actions.
``(c) Authorities.--
``(1) In general.--The head of an element of the
intelligence community, in support of educational programs in
science, technology, engineering, the arts, and mathematics,
may--
``(A) award grants to eligible entities;
``(B) provide cash awards and other items to
eligible entities;
``(C) accept voluntary services from eligible
entities;
``(D) support national competition judging, other
educational event activities, and associated award
ceremonies in connection with such educational
programs; and
``(E) enter into one or more education partnership
agreements with educational institutions in the United
States for the purpose of encouraging and enhancing
study in science, technology, engineering, the arts,
and mathematics disciplines at all levels of education.
``(2) Education partnership agreements.--
``(A) Nature of assistance provided.--Under an
education partnership agreement entered into with an
educational institution under paragraph (1)(E), the
head of an element of the intelligence community may
provide assistance to the educational institution by--
``(i) loaning equipment to the educational
institution for any purpose and duration in
support of such agreement that the head
considers appropriate;
``(ii) making personnel available to teach
science courses or to assist in the development
of science courses and materials for the
educational institution;
``(iii) providing sabbatical opportunities
for faculty and internship opportunities for
students;
``(iv) involving faculty and students of
the educational institution in projects of that
element of the intelligence community,
including research and technology transfer or
transition projects;
``(v) cooperating with the educational
institution in developing a program under which
students may be given academic credit for work
on projects of that element of the intelligence
community, including research and technology
transfer for transition projects; and
``(vi) providing academic and career advice
and assistance to students of the educational
institution.
``(B) Priorities.--In entering into education
partnership agreements under paragraph (1)(E), the head
of an element of the intelligence community shall
prioritize entering into education partnership
agreements with the following:
``(i) Historically Black colleges and
universities and other minority-serving
institutions, as described in section 371(a) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
``(ii) Educational institutions serving
women, members of minority groups, and other
groups of individuals who traditionally are
involved in the science, technology,
engineering, arts, and mathematics professions
in disproportionately low numbers.
``(d) Designation of Advisor.--Each head of an element of the
intelligence community shall designate one or more individuals within
that element to advise and assist the head regarding matters relating
to science, technology, engineering, the arts, and mathematics
education and training.
``(e) Coordination.--Each head of an element of the intelligence
community (other than the Director of National Intelligence) shall
carry out this section in coordination with the Director of National
Intelligence.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the National Security Act is amended by inserting after the item
relating to section 1002 the following new item:
``Sec. 1003. Improvement of education in science, technology,
engineering, arts, and mathematics.''.
SEC. 604. QUARTERLY REPORTS ON CYBER INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.), is amended by inserting after section 503 the
following new section:
``SEC. 503A. QUARTERLY REPORTS ON CYBER INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
``On a quarterly basis, the Secretary of Defense shall submit to
the congressional intelligence committees and the congressional defense
committees (as defined in section 101(a) of title 10, United States
Code) a report on the cyber intelligence, surveillance, and
reconnaissance activities of the Department of Defense, and any other
matters the Secretary determines appropriate, that occurred during the
quarter preceding the date of the submission of the report.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section 503
the following new item:
``Sec. 503A. Quarterly reports on cyber intelligence, surveillance, and
reconnaissance activities of the Department
of Defense.''.
SEC. 605. PROCESS FOR IDENTIFYING CYBER THREAT INTELLIGENCE NEEDS AND
PRIORITIES.
(a) Solicitation and Compilation of Information.--
(1) Process.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
in coordination with the Secretary of Homeland Security and
Sector-Specific Agencies the Director determines appropriate,
shall establish a formal process to solicit and compile
information needs of covered entities to improve the defenses
of such entities against foreign cybersecurity threats.
(2) Recurrent input.--The Director shall ensure that the
information compiled under paragraph (1) is current by
continuing to solicit and compile information under such
paragraph as follows:
(A) By not later than 30 days after the date on
which the Director first establishes the process under
such paragraph.
(B) On a biennial basis thereafter.
(b) Evaluation.--Using the information solicited and compiled under
subsection (a), and using any other intelligence information and
processes, the Director, in coordination with the Secretary, shall
conduct an evaluation with respect to the intelligence needs relating
to foreign cybersecurity threats. Such evaluation shall--
(1) identify common technologies or interdependencies that
are likely to be targeted by nation-state adversaries;
(2) identify foreign intelligence gaps regarding foreign
cybersecurity threats to covered entities;
(3) identify and execute methods of empowering Sector-
Specific Agencies to--
(A) identify specific critical lines of businesses,
technologies, and processes within their respective
sectors; and
(B) coordinate directly with the intelligence
community regarding sector-specific cybersecurity
threat; and
(4) consider whether to enhance or adjust national
intelligence collection and analysis priorities.
(c) Annual Reports.--Not later than 90 days after the date on which
the Director conducts the evaluation under subsection (b), and annually
thereafter, the Director and the Secretary shall jointly submit to the
appropriate congressional committees a report that--
(1) assesses how the cybersecurity threat information
obtained from covered entities is shaping intelligence
collection and dissemination activities;
(2) evaluates the success of the intelligence community in
sharing relevant, actionable cybersecurity threat intelligence
with such entities; and
(3) addresses any legislative or policy changes necessary
to enhance the cybersecurity of such entities.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Homeland Security and the
Committee on Armed Services of the House of
Representatives.
(C) The Committee on Homeland Security and
Governmental Affairs and the Committee on Armed
Services of the Senate.
(2) Covered entities.--The term ``covered entities'' means
owners and operators of critical infrastructure.
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)).
(4) Cybersecurity threat.--The term ``cybersecurity
threat'' has the meaning given that term in section 2201(3) of
the Homeland Security Act of 2002 (6 U.S.C. 651(3)).
(5) Sector-specific agency.--The term ``Sector-Specific
Agency'' has the meaning given that term in section 2201(5) of
the Homeland Security Act of 2002 (6 U.S.C. 651(5)).
SEC. 606. REVIEWS OF INTELLIGENCE COMMUNITY CYBER THREAT SHARING
POSTURE AND NATIONAL SECURITY DIRECTIVE 42.
(a) Review of Cybersecurity Threats.--
(1) In general.--The Director of National Intelligence,
after coordinating with the Secretary of Homeland Security,
shall conduct a review of applicable laws, policies,
procedures, and resources of the intelligence community that
apply to the intelligence community's understanding of
cybersecurity threats to covered entities. Such review shall
address the ability of the intelligence community to share
cyber threat information with the Federal departments and
agencies responsible for providing warning and indicators to
covered entities to enable them to defend against such threats.
(2) Contents of review.--The review required under
subsection (a) shall include a consideration of each of the
following:
(A) The capabilities and limitations of the
intelligence community in collection on foreign
adversary malicious cyber activity targeting covered
entities.
(B) The ability of the intelligence community to
share cyber threat intelligence information with
covered entities.
(C) Procedures for the sanitization and
declassification of intelligence, including the
efficiency of such procedures.
(D) Which criteria and procedures should be
implemented to identify intelligence community products
for expedited sharing.
(E) Current and projected national intelligence
requirements that relate to cybersecurity threats to
covered entities.
(F) Budgetary changes to ensure that the
intelligence community is postured to provide adequate
indicators and warning of cybersecurity threats to
covered entities.
(3) Report to congress.--
(A) In general.--Not later than December 31, 2021,
the Director of National Intelligence shall submit to
the appropriate congressional committees a report on
the review required under this subsection.
(B) Form of report.--The report required under
subparagraph (A) may be submitted in classified or
unclassified form. If such report is submitted in
unclassified form, it may include a classified annex.
(b) Review of National Security Directive 42.--Not later than
December 31, 2021, the Secretary of Defense and the Director of
National Intelligence shall submit to the appropriate congressional
committees a report containing the results of a review of the
implementation and effectiveness of National Security Directive 42,
with a specific focus on the role of the National Manager for National
Security Systems. Such review shall include--
(1) an appraisal of the National Manager's authorities and
resources;
(2) consideration of the definition of ``national security
system''; and
(3) recommendations to improve the cybersecurity posture of
national security assets, including such assets controlled or
accessed by covered entities.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Select Committee on Intelligence and the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Permanent Select Committee on Intelligence
and the Committee on Homeland Security of the House of
Representatives.
(2) Covered entities.--The term ``covered entities''
means--
(A) owners and operators of critical
infrastructure; and
(B) academic institutions in the United States,
corporations incorporated in the United States, and
corporations operating inside the United States.
SEC. 607. FEASIBILITY STUDY ON CYBERSECURITY POLICIES OF CONTRACTORS OF
OWNER OR OPERATORS OF NATIONAL SECURITY SYSTEMS .
(a) Study.--Not later than one year after the date of the enactment
of this Act, the Director of the National Security Agency shall conduct
a feasibility study with respect to requiring contractors (including
subcontractors) of departments or agencies of the Federal Government
that own or operate national security systems to implement mandatory
cybersecurity policies or defensive measures. The study shall include--
(1) the estimated cost to the Federal Government of
deploying such mandatory cybersecurity policies or defensive
measures;
(2) whether there are sufficient legal and policy
authorities in place to implement such mandatory cybersecurity
policies or defensive measures;
(3) a description of enforcement mechanisms for such
mandatory cybersecurity policies or defensive measures; and
(4) the timeline for implementation of such mandatory
cybersecurity policies or defensive measures.
(b) Briefings.--Not later than 90 days after the date of the
enactment of this Act, and quarterly thereafter during the one-year
period following the date of such enactment, the Director shall provide
to the congressional intelligence committees and the Committees on
Armed Services of the House of Representatives and the Senate a
briefing on the study.
(c) Definitions.--In this section:
(1) Defensive measures.--The term ``defensive measures''
has the meaning given that term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).
(2) National security system.--The term ``national security
system'' has the meaning given that term in section 3542 of
title 44, United States Code.
SEC. 608. ARTIFICIAL INTELLIGENCE RESEARCH AND DEVELOPMENT.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) All elements of the intelligence community
employ artificial intelligence in some form, and the
artificial intelligence research and development
efforts of many of the elements overlap;
(B) the elements do not adequately share resources,
expertise, and data and often fail to make even closely
related systems interoperate;
(C) siloed artificial intelligence research and
development inefficiently splits resources across the
intelligence community leading to duplicative and less
effective capabilities;
(D) developing state-of-the-art artificial
intelligence capabilities requires large quantities of
training data, computing power, and subject matter
expertise;
(E) research and development is the largest cost
driver for artificial intelligence capabilities but
once developed, artificial intelligence capabilities
are generally inexpensive to provide to more users;
(F) the Director of National Intelligence has
addressed similar challenges in the realm of
information technology through the IC IT Enterprise
initiative;
(G) the IC IT Enterprise initiative has
successfully consolidated capabilities like cloud
computing and identity management into intelligence
community-wide capabilities, primarily by selecting
executive agents from within the intelligence community
to take the lead in their respective areas of interest
and excellence; and
(H) the Augmenting Intelligence through Machines
initiative of the Office of the Director of National
Intelligence has centralized strategic thinking in its
strategy for augmenting intelligence using machines but
has not sufficiently coordinated the artificial
intelligence and machine learning research programs of
the intelligence community to encourage efficiency and
avoid duplication of effort.
(2) Sense of congress.--It is the sense of Congress that--
(A) consolidating the resources of the intelligence
community regarding artificial intelligence research
and development to carry out intelligence community-
wide efforts would yield economies of scale and improve
mission outcomes; and
(B) the Augmenting Intelligence through Machines
initiative of the Office of the Director of National
Intelligence should lead such efforts.
(b) AI Project Identification.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with the Chief Information Officer of the
Intelligence Community, the Chief Data Officer of the Intelligence
Community, the Director of Science and Technology of the Office of the
Director of National Intelligence, and the heads of elements of the
intelligence community the Director determines appropriate, shall
identify research areas, applications, supporting technologies, and
infrastructure regarding artificial intelligence that--
(1) would advance the mission of multiple elements of the
intelligence community, with an emphasis in areas that are
already being worked on by multiple elements;
(2) can be either assigned to an executive agent or
addressed by a joint research and development effort; and
(3) have the potential to significantly impact intelligence
outcomes or the efficiency of the intelligence community.
(c) Implementation Plan.--
(1) Development.--With respect to each research area,
application, supporting technology, or infrastructure
identified under subsection (b), the Director shall develop an
implementation plan to consolidate research and development,
program management, acquisition, and sustainment into an
intelligence community-wide effort that results in intelligence
community-wide capabilities. Each such plan shall include--
(A) an outline of the most significant barriers to
creating effective, intelligence community-wide
artificial intelligence capabilities; and
(B) recommendations to overcome such barriers.
(2) Submission.--Not later than 180 days after the date on
which the Director identifies a research area, application,
supporting technology, or infrastructure under subsection (b),
the Director shall submit to the congressional intelligence
committees the plan under paragraph (1).
SEC. 609. SEEDLING INVESTMENT IN NEXT-GENERATION MICROELECTRONICS IN
SUPPORT OF ARTIFICIAL INTELLIGENCE.
(a) Findings.--Congress finds that--
(1) developing faster, more energy efficient, and more
resilient computing is important to the future of the national
security of the United States and the leadership by the United
States in artificial intelligence; and
(2) multidisciplinary teams co-designing microelectronics
for artificial intelligence will lead to unprecedented
capabilities that will help ensure that the United States
maintains its superiority in this worldwide competition for
economic and national security.
(b) Awards for Research and Development.--The Director of National
Intelligence, acting through the Director of the Intelligence Advanced
Research Projects Activity, shall award contracts or grants, or enter
into transactions other than contracts, to encourage microelectronics
research.
(c) Use of Funds.--The Director shall award contracts or grants to,
or enter into transactions other than contracts with, entities under
subsection (b) to carry out any of the following:
(1) Advanced engineering and applied research into novel
computing models, materials, devices, architectures, or
algorithms to enable the advancement of artificial intelligence
and machine learning.
(2) Research efforts to--
(A) overcome challenges with engineering and
applied research of microelectronics, including with
respect to the physical limits on transistors,
electrical interconnects, and memory elements; or
(B) promote long-term advancements in computing
technologies, including by fostering a unified and
multidisciplinary approach encompassing research and
development into algorithm design, computing
architectures, microelectronic devices and circuits,
and the chemistry and physics of new materials.
(3) Any other activity the Director determines would
promote the development of microelectronics research.
(d) Award Amounts.--In awarding contracts or grants, or entering
into transactions other than contracts, under subsection (b), the
Director may award not more than a total of $15,000,000.
TITLE VII--PROTECTION OF ELECTIONS FROM FOREIGN INFLUENCE
Subtitle A--Foreign Influence Reporting in Elections
SEC. 701. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.
(a) Initial Notice.--
(1) In general.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at
the end the following new subsection:
``(j) Disclosure of Reportable Foreign Contacts.--
``(1) Committee obligation to notify.--Not later than 1
week after a reportable foreign contact, each political
committee shall notify the Federal Bureau of Investigation and
the Commission of the reportable foreign contact and provide a
summary of the circumstances with respect to such reportable
foreign contact. The Federal Bureau of Investigation, not later
than 1 week after receiving a notification from a political
committee under this paragraph, shall submit to the political
committee, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on
Intelligence of the Senate written or electronic confirmation
of receipt of the notification.
``(2) Individual obligation to notify.--Not later than 3
days after a reportable foreign contact--
``(A) each candidate and each immediate family
member of a candidate shall notify the treasurer or
other designated official of the principal campaign
committee of such candidate of the reportable foreign
contact and provide a summary of the circumstances with
respect to such reportable foreign contact; and
``(B) each official, employee, or agent of a
political committee shall notify the treasurer or other
designated official of the committee of the reportable
foreign contact and provide a summary of the
circumstances with respect to such reportable foreign
contact.
``(3) Reportable foreign contact.--In this subsection:
``(A) In general.--The term `reportable foreign
contact' means any direct or indirect contact or
communication that--
``(i) is between--
``(I) a candidate, an immediate
family member of the candidate, a
political committee, or any official,
employee, or agent of such committee;
and
``(II) an individual that the
person described in subclause (I)
knows, has reason to know, or
reasonably believes is a covered
foreign national; and
``(ii) the person described in clause
(i)(I) knows, has reason to know, or reasonably
believes involves--
``(I) an offer or other proposal
for a contribution, donation,
expenditure, disbursement, or
solicitation described in section 319;
or
``(II) coordination or
collaboration with, an offer or
provision of information or services to
or from, or persistent and repeated
contact with, a covered foreign
national in connection with an
election.
``(B) Exceptions.--
``(i) Contacts in official capacity as
elected official.--The term `reportable foreign
contact' shall not include any contact or
communication with a covered foreign national
by an elected official or an employee of an
elected official solely in an official capacity
as such an official or employee.
``(ii) Contacts for purposes of enabling
observation of elections by international
observers.--The term `reportable foreign
contact' shall not include any contact or
communication with a covered foreign national
by any person which is made for purposes of
enabling the observation of elections in the
United States by a foreign national or the
observation of elections outside of the United
States by a candidate, political committee, or
any official, employee, or agent of such
committee.
``(iii) Exceptions not applicable if
contacts or communications involve prohibited
disbursements.--A contact or communication by
an elected official or an employee of an
elected official shall not be considered to be
made solely in an official capacity for
purposes of clause (i), and a contact or
communication shall not be considered to be
made for purposes of enabling the observation
of elections for purposes of clause (ii), if
the contact or communication involves a
contribution, donation, expenditure,
disbursement, or solicitation described in
section 319.
``(C) Covered foreign national defined.--
``(i) In general.--In this paragraph, the
term `covered foreign national' means--
``(I) a foreign principal (as
defined in section 1(b) of the Foreign
Agents Registration Act of 1938 (22
U.S.C. 611(b))) that is a government of
a foreign country or a foreign
political party;
``(II) any person who acts as an
agent, representative, employee, or
servant, or any person who acts in any
other capacity at the order, request,
or under the direction or control, of a
foreign principal described in
subclause (I) or of a person any of
whose activities are directly or
indirectly supervised, directed,
controlled, financed, or subsidized in
whole or in major part by a foreign
principal described in subclause (I);
or
``(III) any person included in the
list of specially designated nationals
and blocked persons maintained by the
Office of Foreign Assets Control of the
Department of the Treasury pursuant to
authorities relating to the imposition
of sanctions relating to the conduct of
a foreign principal described in
subclause (I).
``(ii) Clarification regarding application
to citizens of the united states.--In the case
of a citizen of the United States, subclause
(II) of clause (i) applies only to the extent
that the person involved acts within the scope
of that person's status as the agent of a
foreign principal described in subclause (I) of
clause (i).
``(4) Immediate family member.--In this subsection, the
term `immediate family member' means, with respect to a
candidate, a parent, parent-in-law, spouse, adult child, or
sibling.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reportable foreign contacts which
occur on or after the date of the enactment of this Act.
(b) Information Included on Report.--
(1) In general.--Section 304(b) of such Act (52 U.S.C.
30104(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(9) for any reportable foreign contact (as defined in
subsection (j)(3))--
``(A) the date, time, and location of the contact;
``(B) the date and time of when a designated
official of the committee was notified of the contact;
``(C) the identity of individuals involved; and
``(D) a description of the contact, including the
nature of any contribution, donation, expenditure,
disbursement, or solicitation involved and the nature
of any activity described in subsection
(j)(3)(A)(ii)(II) involved.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reports filed on or after the
expiration of the 60-day period which begins on the date of the
enactment of this Act.
SEC. 702. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE SYSTEM.
(a) In General.--Section 302 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30102) is amended by adding at the end the following
new subsection:
``(j) Reportable Foreign Contacts Compliance Policy.--
``(1) Reporting.--Each political committee shall establish
a policy that requires all officials, employees, and agents of
such committee to notify the treasurer or other appropriate
designated official of the committee of any reportable foreign
contact (as defined in section 304(j)) not later than 3 days
after such contact was made.
``(2) Retention and preservation of records.--Each
political committee shall establish a policy that provides for
the retention and preservation of records and information
related to reportable foreign contacts (as so defined) for a
period of not less than 3 years.
``(3) Certification.--
``(A) In general.--Upon filing its statement of
organization under section 303(a), and with each report
filed under section 304(a), the treasurer of each
political committee (other than an authorized
committee) shall certify that--
``(i) the committee has in place policies
that meet the requirements of paragraphs (1)
and (2);
``(ii) the committee has designated an
official to monitor compliance with such
policies; and
``(iii) not later than 1 week after the
beginning of any formal or informal affiliation
with the committee, all officials, employees,
and agents of such committee will--
``(I) receive notice of such
policies;
``(II) be informed of the
prohibitions under section 319; and
``(III) sign a certification
affirming their understanding of such
policies and prohibitions.
``(B) Authorized committees.--With respect to an
authorized committee, the candidate shall make the
certification required under subparagraph (A).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to political committees which file a
statement of organization under section 303(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after
the date of the enactment of this Act.
(2) Transition rule for existing committees.--Not later
than 30 days after the date of the enactment of this Act, each
political committee under the Federal Election Campaign Act of
1971 shall file a certification with the Federal Election
Commission that the committee is in compliance with the
requirements of section 302(j) of such Act (as added by
subsection (a)).
SEC. 703. CRIMINAL PENALTIES.
Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30109(d)(1)) is amended by adding at the end the following new
subparagraphs:
``(E) Any person who knowingly and willfully commits a violation of
subsection (j) or (b)(9) of section 304 or section 302(j) shall be
fined not more than $500,000, imprisoned not more than 5 years, or
both.
``(F) Any person who knowingly and willfully conceals or destroys
any materials relating to a reportable foreign contact (as defined in
section 304(j)) shall be fined not more than $1,000,000, imprisoned not
more than 5 years, or both.''.
SEC. 704. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Director of the Federal
Bureau of Investigation shall submit to the congressional intelligence
committees a report relating to notifications received by the Federal
Bureau of Investigation under section 304(j)(1) of the Federal Election
Campaign Act of 1971 (as added by section 701(a) of this Act).
(b) Elements.--Each report under subsection (a) shall include, at a
minimum, the following with respect to notifications described in
subsection (a):
(1) The number of such notifications received from
political committees during the year covered by the report.
(2) A description of protocols and procedures developed by
the Federal Bureau of Investigation relating to receipt and
maintenance of records relating to such notifications.
(3) With respect to such notifications received during the
year covered by the report, a description of any subsequent
actions taken by the Director resulting from the receipt of
such notifications.
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' has the
meaning given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 705. RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this subtitle
shall be construed--
(1) to impede legitimate journalistic activities; or
(2) to impose any additional limitation on the right to
express political views or to participate in public discourse
of any individual who--
(A) resides in the United States;
(B) is not a citizen of the United States or a
national of the United States, as defined in section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)); and
(C) is not lawfully admitted for permanent
residence, as defined by section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
Subtitle B--Foreign Influence Reporting in Elections
SEC. 711. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN.
(a) Clarification of Treatment of Provision of Certain Information
as Contribution or Donation of a Thing of Value.--Section 319 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended by
adding at the end the following new subsection:
``(c) Clarification of Treatment of Provision of Certain
Information as Contribution or Donation of a Thing of Value.--For
purposes of this section, a `contribution or donation of money or other
thing of value' includes the provision of opposition research, polling,
or other non-public information relating to a candidate for election
for a Federal, State, or local office for the purpose of influencing
the election, regardless of whether such research, polling, or
information has monetary value, except that nothing in this subsection
shall be construed to treat the mere provision of an opinion about a
candidate as a thing of value for purposes of this section.''.
(b) Clarification of Application of Foreign Money Ban to All
Contributions and Donations of Things of Value and to All Solicitations
of Contributions and Donations of Things of Value.--Section 319(a) of
such Act (52 U.S.C. 30121(a)) is amended--
(1) in paragraph (1)(A), by striking ``promise to make a
contribution or donation'' and inserting ``promise to make such
a contribution or donation'';
(2) in paragraph (1)(B), by striking ``donation'' and
inserting ``donation of money or other thing of value, or to
make an express or implied promise to make such a contribution
or donation,''; and
(3) by amending paragraph (2) to read as follows:
``(2) a person to solicit, accept, or receive (directly or
indirectly) a contribution or donation described in
subparagraph (A) or (B) of paragraph (1), or to solicit,
accept, or receive (directly or indirectly) an express or
implied promise to make such a contribution or donation, from a
foreign national.''.
(c) Enhanced Penalty for Certain Violations.--
(1) In general.--Section 309(d)(1) of such Act (52 U.S.C.
30109(d)(1)), as amended by section 703, is further amended by
adding at the end the following new subparagraph:
``(G)(i) Any person who knowingly and willfully commits a violation
of section 319 which involves a foreign national which is a government
of a foreign country or a foreign political party, or which involves a
thing of value consisting of the provision of opposition research,
polling, or other non-public information relating to a candidate for
election for a Federal, State, or local office for the purpose of
influencing the election, shall be fined under title 18, United States
Code, or imprisoned for not more than 5 years, or both.
``(ii) In clause (i), each of the terms `government of a foreign
country' and `foreign political party' has the meaning given such term
in section 1 of the Foreign Agents Registration Act of 1938, as Amended
(22 U.S.C. 611).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to violations committed on or after
the date of the enactment of this Act.
SEC. 712. REQUIRING ACKNOWLEDGMENT OF FOREIGN MONEY BAN BY POLITICAL
COMMITTEES.
(a) Provision of Information by Federal Election Commission.--
Section 303 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30103) is amended by adding at the end the following new subsection:
``(e) Acknowledgment of Foreign Money Ban.--
``(1) Notification by commission.--Not later than 30 days
after a political committee files its statement of organization
under subsection (a), and biennially thereafter until the
committee terminates, the Commission shall provide the
committee with a written explanation of section 319.
``(2) Acknowledgment by committee.--
``(A) In general.--Not later than 30 days after
receiving the written explanation of section 319 under
paragraph (1), the committee shall transmit to the
Commission a signed certification that the committee
has received such written explanation and has provided
a copy of the explanation to all members, employees,
contractors, and volunteers of the committee.
``(B) Person responsible for signature.--The
certification required under subparagraph (A) shall be
signed--
``(i) in the case of an authorized
committee of a candidate, by the candidate; or
``(ii) in the case of any other political
committee, by the treasurer of the
committee.''.
(b) Effective Date; Transition for Existing Committees.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to political committees which file
statements of organization under section 303 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30103) on or after the
date of the enactment of this Act.
(2) Transition for existing committees.--
(A) Notification by federal election commission.--
Not later than 90 days after the date of the enactment
of this Act, the Federal Election Commission shall
provide each political committee under such Act with
the written explanation of section 319 of such Act, as
required under section 303(e)(1) of such Act (as added
by subsection (a)).
(B) Acknowledgment by committee.--Not later than 30
days after receiving the written explanation under
subparagraph (A), each political committee under such
Act shall transmit to the Federal Election Commission
the signed certification, as required under section
303(e)(2) of such Act (as added by subsection (a)).
TITLE VIII--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Saudi Arabia and the Middle East
SEC. 801. LIMITATION ON AVAILABILITY OF FUNDS UNTIL SUBMISSION OF
REQUIRED REPORT ON MURDER OF JAMAL KHASHOGGI.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) There is a strong bipartisan conviction, shared
widely throughout the legislative and executive
branches of the United States Government and elsewhere,
that ensuring full accountability for the brutal murder
on October 2, 2018, of Jamal Khashoggi, a former
Washington Post columnist and resident of the United
States, is in the public interest and also the national
interest of the United States.
(B) Section 5714 of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act
for Fiscal Years 2018, 2019, and 2020 (division E of
Public Law 116-92; 133 Stat. 2173) required the
Director of National Intelligence to submit to Congress
a written report in ``unclassified form'' that includes
``identification of those who carried out, participated
in, ordered, or were otherwise complicit in or
responsible for the death of Jamal Khashoggi.''.
(C) Section 1277 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1701) likewise obligated the Director to
submit to the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on Foreign
Relations and the Select Committee on Intelligence of
the Senate a written report on the assessment of the
intelligence community regarding Mr. Khashoggi's brutal
murder.
(D) Such section 1277 specifically called, among
other things, for a determination and presentation of
evidence with respect to the advance knowledge and role
of any current or former official of the Government of
Saudi Arabia or any current or former senior Saudi
political figure over the directing, ordering, or
tampering of evidence in relation to Mr. Khashoggi's
murder.
(E) Such section 1277 also required the Director to
submit a list of foreign persons whom the Director has
high confidence were responsible for, complicit in, or
otherwise knowingly and materially assisted the murder,
or impeded its impartial investigation, or who ordered
or otherwise directed an act or acts contributing to or
causing the murder.
(F) Contrary to the unambiguous and lawful command
of Congress under such sections 5714 and 1277, the
Director did not produce any unclassified report as
required by either such section, and instead, on
February 20, 2020, the Director submitted to such
committees a classified report, which the Director
referred to as an ``annex''.
(G) The evident belief of the Director that no
unclassified information can be produced in accordance
with the directives of Congress is dubious, in light of
the extensive body of credible, unclassified reporting
available regarding the murder of Mr. Khashoggi, and
the roles and culpability of officials at the highest
levels of the Government of Saudi Arabia.
(2) Sense of congress.--It is the sense of Congress that
the Director of National Intelligence should reasonably have
been able to produce an unclassified report pursuant to section
5714 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020 and section 1277 of the National Defense Authorization Act
for Fiscal Year 2020 that did not alter or obscure, in any way,
the intelligence community's core determinations, its
presentation of evidence, or identification of relevant
persons, as required, without putting sources and methods at
risk.
(b) Limitation.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2021 for any element of the intelligence community may be
obligated or expended for the purposes described in paragraph
(2) until the date on which the Director of National
Intelligence makes public the covered annex pursuant to
subsection (d).
(2) Purposes described.--The purposes described in this
paragraph are any engagement or interaction of any kind with
the General Intelligence Presidency of the Government of Saudi
Arabia, or any other intelligence or security service of the
Government of Saudi Arabia, including with respect to
supporting, partnering, assisting, or otherwise cooperating,
directly or indirectly with the General Intelligence Presidency
or such services.
(3) Exception.--The limitation in paragraph (1) shall not
apply to sharing information with or receiving from the
Government of Saudi Arabia regarding--
(A) a threat of death or serious bodily harm to any
person; or
(B) law enforcement activities, including with
respect to cooperation between the Federal Bureau of
Investigation and the Government of Saudi Arabia.
(c) Declassification Review.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Director, acting through the
National Intelligence Council, shall complete a
declassification review of the covered annex.
(2) Conduct of review.--The declassification review under
paragraph (1) shall--
(A) be conducted in accordance with section 1.7 of
Executive Order No. 13526 (75 Fed. Reg. 707; relating
to classified national security information) with
respect to requiring that in no case shall information
be classified, continue to be maintained as classified,
or fail to be declassified in order to--
(i) conceal violations of law;
(ii) prevent embarrassment to a person,
organization, or agency; or
(iii) prevent or delay the release of
information that does not require protecting in
the interest of the national security;
(B) evaluate and take into consideration the full
body of credible, open-source reporting available to
the intelligence community regarding the murder of
Jamal Khashoggi; and
(C) make public as much information contained in
the covered annex as possible.
(d) Publication and Submission.--
(1) Publication.--Following the declassification review of
the covered annex under subsection (c), the Director shall make
public on the internet website of the Director the covered
annex. If the declassification review determines that any
information in the covered annex should remain classified, the
Director may redact such information in a manner that--
(A) prevents public release of information only to
the extent necessary to protect specific, identified
harms to the national security of the United States;
and
(B) does not alter or obscure the determinations
of, presentation of evidence by, or identification of
relevant persons by, the intelligence community with
respect to the murder of Jamal Khashoggi.
(2) Submission.--Not later than 15 days before the date on
which the Director makes the covered annex public under
paragraph (1), the Director shall submit to the congressional
intelligence committees a report on the redactions made by the
Director under such paragraph, including, for each such
redaction, an explanation of how the redacted information would
harm the national security of the United States despite the
robust body of available open-source reporting on the murder of
Jamal Khashoggi.
(3) Form.--The report under paragraph (2) shall be in
unclassified form to the extent practicable, but may include a
classified annex.
(e) Covered Annex Defined.--In this section, the term ``covered
annex'' means the report regarding the murder of Jamal Khashoggi
submitted on February 20, 2020, by the Director of National
Intelligence to the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of Representatives and
the Committee on Foreign Relations and the Select Committee on
Intelligence of the Senate.
SEC. 802. PROHIBITION ON AVAILABILITY OF FUNDS FOR INTELLIGENCE SHARING
RELATING TO CERTAIN AIR STRIKES IN YEMEN.
(a) Prohibition.--Except as provided by subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2021 for any element of the intelligence
community may be obligated or expended to share intelligence for the
purpose of enabling or assisting air strikes in Yemen by the Saudi
Arabia-led coalition.
(b) Exception.--The prohibition under subsection (a) shall not
apply with respect to the sharing of intelligence with Saudi Arabia for
the purposes of countering al-Qaeda, the Islamic State in Yemen, or
other terrorist groups that the intelligence community assesses to be
operating in Yemen and to pose a threat to the United States.
SEC. 803. REPORT ON UNDERSTANDING AND MITIGATING CIVILIAN HARM FROM USE
OF CERTAIN WEAPONS SYSTEMS IN YEMEN.
(a) Sense of Congress; Policy.--
(1) Sense of congress.--It is the sense of Congress that it
is in the national interest of the United States that the
United States that all parties to the Yemen conflict comply
with the law of armed conflict.
(2) Statement of policy.--It is the policy of the United
States that credible evidence of gross violations of
internationally recognized human rights by the coalition led by
Saudi Arabia in Yemen should be a principal factor in United
States decisions to authorize the sale, transfer, or delivery
of offensive weapons and equipment to the Kingdom of Saudi
Arabia.
(b) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the heads of relevant
intelligence community entities, shall submit to the
appropriate congressional committees a report containing--
(A) a detailed description of any incident that has
occurred since 2015 in which Saudi Arabia or one of its
coalition partners has been determined to have used
United States weapons against civilians or civilian
objects in Yemen;
(B) for each such incident, the assessment of the
intelligence community as to whether the leadership of
Saudi Arabia took credible steps following the incident
to alter the conduct of its armed forces; and
(C) an assessment of--
(i) efforts by the Government of Saudi
Arabia since 2015 to avoid disproportionate
harm to civilians and civilian objects in
Yemen;
(ii) whether United States assistance to
the Saudi-led coalition has led to a
demonstrable decrease in civilians killed or
injured by Saudi-led airstrikes and damage to
civilian infrastructure;
(iii) the humanitarian and strategic
consequences of strikes against civilians in
Yemen for the broader Middle East region and
United States interests; and
(iv) the credibility of written assurances
officials of Saudi Arabia provided to the
United States Government in 2017, including
whether Saudi Arabia has taken substantial and
meaningful steps to adhere to such assurances.
(2) Sources.--The report required under this subsection
shall be based on all available sources.
(3) Delay of submittal.--If the Director determines that
the report cannot be submitted by the date that is 30 days
after the date of the enactment of this Act, the Director
shall, before such date--
(A) submit to the appropriate congressional
committees a report setting forth the reasons why the
report cannot be submitted by such date and an
estimated date for the submission of the report; and
(B) together with the relevant experts from the
National Intelligence Council and other relevant
elements of the intelligence community, testify before
the appropriate congressional committees with respect
to the issues to be covered by the report.
(4) Form of report.--The report required under this
subsection shall be submitted in unclassified form, but may
contain a classified annex.
(c) Rule of Construction.--Nothing in this section may be construed
as authorizing the use of military force or sharing of intelligence
with the Government of Saudi Arabia.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
(2) The term ``offensive weapons'' means precision-guided
munitions, other bombs, anti-tank missiles, small-diameter
rockets, and large mortars.
SEC. 804. REPORT ON PREVENTION OF PROLIFERATION OF SENSITIVE UNMANNED
AERIAL VEHICLES AND RELATED TECHNOLOGY.
(a) Sense of Congress; Policy.--
(1) Sense of congress.--It is the sense of Congress that it
is in the national interest of the United States to prevent the
proliferation of sensitive unmanned aerial vehicles (in this
section referred to as ``UAV'') and related technology,
especially to China, Russia, and other countries that the
National Defense Strategy identifies as peer or near-peer
competitors.
(2) Statement of policy.--It is the policy of the United
States that actions to prevent the proliferation of sensitive
UAV technology to China, Russia, and other countries shall be a
principal factor in decisions of the United States to authorize
the sale, transfer, or delivery of category 1 UAV systems to
the United Arab Emirates.
(b) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the heads of relevant
intelligence community elements, shall submit to the
appropriate congressional committees a report containing--
(A) an assessment of efforts by the United Arab
Emirates (in this section referred to as ``UAE'') since
2014 to prevent the proliferation of UAV and related
technology, including category 1 UAV systems;
(B) a description of any cooperation between UAE-
based entities and entities in China, Russia, or any
other country that the National Defense Strategy
identifies as a peer competitor;
(C) a description of any effort by the government
of the UAE and UAE-based entities to conceal such
cooperation from the United States;
(D) a detailed inventory of all instances in which
the government of the UAE and UAE-based entities have
promoted the transfer and sale of armed and unarmed UAV
technology, including details regarding to which
countries the government of the UAE and UAE-based
entities transferred or proposed transferring the
technology;
(E) a description of the attitude and willingness
of the leadership of the UAE to take steps to comply
with the standards of the Missile Technology Control
Regime (in this section referred to as the ``MTCR'')
for the export of UAVs and category 1 UAV systems; and
(F) a description of the technological and defense
benefits that Russia, China, and other countries are
assessed to have accrued as a result of cooperation,
research and development, and related activities with
UAE-based entities.
(2) Sources.--The report required under this subsection
shall be based on all available sources.
(3) Delay of submittal.--If the Director determines that
the report cannot be submitted by the date that is 30 days
after the date of the enactment of this Act, the Director
shall, before such date--
(A) submit to the appropriate congressional
committees a report setting forth the reasons why the
report cannot be submitted by such date and an
estimated date for the submission of the report; and
(B) together with the relevant experts from the
National Intelligence Council and other relevant
elements of the intelligence community, testify before
the appropriate congressional committees with respect
to the issues to be covered by the report.
(4) Form of report.--The report required under this
subsection shall be submitted in unclassified form, but may
contain a classified annex.
(c) Rule of Construction.--Nothing in this section may be construed
as authorizing the sharing of intelligence with the government of the
UAE.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
(2) The term ``UAV technology'' means armed and unarmed
unmanned aerial vehicles capable of carrying 500 kilogram
payloads for more than 300 kilometers, including those that fly
under 650 kilometers per hour.
(3) The term ``category 1 UAV system'' means a complete
rocket and all unmanned aerial vehicle systems (including
ballistic missiles, space launch vehicles, sounding rockets,
cruise missiles, target drones, and reconnaissance drones),
capable of delivering a payload of at least 500 kilograms to a
range of at least 300 kilometers, and the major complete
subsystems (including rocket stages, engines, guidance sets,
and re-entry vehicles), related software and technology, and
specially designed production facilities for such rockets and
systems.
SEC. 805. REPORT ON UNDERSTANDING POTENTIAL FOR AND PREVENTING NUCLEAR
PROLIFERATION IN THE MIDDLE EAST.
(a) Sense of Congress; Statement of Policy.--
(1) Sense of congress.--It is the sense of Congress that--
(A) it is in the vital national interest of the
United States to prevent the onward proliferation of
nuclear weapons technology in the Middle East;
(B) Saudi Crown Prince Mohammed bin Salman's public
declaration in March 2018 that Saudi Arabia would
pursue a nuclear bomb if Iran developed a nuclear bomb,
and Iran's separate decision to expand nuclear
enrichment activities following the withdrawal of the
United States from the Joint Comprehensive Plan of
Action in May 2018, both increase the threat of a
regional nuclear arms race; and
(C) the Comptroller General of the United States
concluded in May 2020 that--
(i) it is unclear whether the Department of
State and the Department of Energy kept
Congress ``fully and currently informed'' of
nuclear cooperation negotiations with Saudi
Arabia, as required by section 123 of the
Atomic Energy Act of 1954 (42 U.S.C. 2153); and
(ii) these negotiations are stalled over
nonproliferation conditions.
(2) Statement of policy.--It is the policy of the United
States that any civil nuclear cooperation agreement by the
United States with Saudi Arabia should include strong
safeguards, including the nonproliferation criteria established
under section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153), to prevent the proliferation of nuclear weapons.
(b) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the heads of elements of the
intelligence community that the Director determines
appropriate, shall submit to the appropriate congressional
committees a report containing an assessment of the efforts by
the Government of the Kingdom of Saudi Arabia since 2015 to
develop a nuclear program.
(2) Elements.--The report under paragraph (1) shall include
an assessment of the following:
(A) The state of nuclear cooperation between Saudi
Arabia and any other country other than the United
States, such as the People's Republic of China or the
Russian Federation.
(B) Efforts by Saudi Arabia to modernize and
further develop the missile capabilities and program of
Saudi Arabia, including with other countries other than
the United States, such as China.
(C) The willingness of Saudi Arabia to accede to
and abide by a civil nuclear cooperation agreement with
the United States under section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153) that would include
the prohibition on domestic uranium enrichment.
(D) The willingness of Saudi Arabia to sign,
implement, and abide by an Additional Protocol with the
International Atomic Energy Agency.
(E) The willingness of Saudi Arabia to accept
international monitoring and inspections of the nuclear
activities of Saudi Arabia, similar in scope to such
monitoring and inspections that Iran agreed to under
the Joint Comprehensive Plan of Action.
(F) If the United States and Saudi Arabia were to
enter into a civil nuclear cooperation agreement under
such section 123 that does not contain the prohibitions
and criteria described in subparagraphs (C) and (D),
the likelihood that the United Arab Emirates would seek
to remove restrictions on its peaceful nuclear program
and renegotiate its civil nuclear cooperation agreement
with the United States.
(3) Sources.--The report under paragraph (1) shall be based
on all available credible sources.
(4) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(5) Extension.--If the Director of National Intelligence
determines that the Director cannot submit the report under
paragraph (1) by the date required by such paragraph, the
Director shall, before such date--
(A) submit to the appropriate congressional
committees a report setting forth the reasons why the
report cannot be submitted by such date and an
estimated date for the submission of the report; and
(B) along with the relevant experts from the
National Intelligence Council and other relevant
elements of the intelligence community, testify before
the appropriate congressional committees on the issues
that will be covered by the report.
(c) Rule of Construction.--Nothing in this section may be construed
as authorizing----
(1) the sharing of intelligence with the Government of
Saudi Arabia; or
(2) any nuclear cooperation with the Government of Saudi
Arabia.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees; and
(B) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
(2) Joint comprehensive plan of action.--The term ``Joint
Comprehensive Plan of Action'' means the Joint Comprehensive
Plan of Action, signed at Vienna on July 14, 2015, by Iran and
by the People's Republic of China, France, Germany, the Russian
Federation, the United Kingdom and the United States, with the
High Representative of the European Union for Foreign Affairs
and Security Policy, and all implementing materials and
agreements related to the Joint Comprehensive Plan of Action.
(3) Prohibition on domestic uranium enrichment.--The term
``prohibition on domestic uranium enrichment'' means, with
respect to a civil nuclear cooperation agreement under section
123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153),
provisions in the agreement that prohibit domestic uranium
enrichment in the same manner as the agreement entered into by
the United States and the United Arab Emirates under such
section.
SEC. 806. REPORT ON PROPAGATION OF EXTREMIST IDEOLOGIES FROM SAUDI
ARABIA.
(a) Report.--Not later than February 1, 2021, the Director of
National Intelligence, acting through the National Intelligence
Council, shall submit to the congressional intelligence committees a
report that includes a detailed description of--
(1) the role of governmental and nongovernmental entities
and individuals of Saudi Arabia in promoting, funding, and
exporting ideologies, including so-called ``Wahhabist
ideology'', that inspire extremism or extremist groups in other
countries; and
(2) the strategic consequences for vital national security
interests of the United States as a result of such promotion,
funding, or export.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 807. REPORT ON FINANCIAL INFLUENCE OPERATIONS OF SAUDI ARABIA, THE
UNITED ARAB EMIRATES, AND QATAR.
(a) Report.--Not later than February 1, 2021, the Director of
National Intelligence, acting through the National Intelligence
Council, shall submit to the congressional intelligence committees a
report that includes an assessment of any efforts, including the use of
financial resources, by the Governments of Saudi Arabia, the United
Arab Emirates, or Qatar to influence political processes, policies,
policymakers, or public debate in the United States (without regard to
the legality of such efforts).
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
Subtitle B--People's Republic of China
SEC. 811. ANNUAL REPORTS ON SECURITY SERVICES OF THE PEOPLE'S REPUBLIC
OF CHINA IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION.
(a) Finding; Sense of Congress.--
(1) Finding.--Congress finds that the National People's
Congress of the People's Republic of China promulgated the Law
of the People's Republic of China on Safeguarding National
Security in the Hong Kong Special Administrative Region on June
30, 2020.
(2) Sense of congress.--It is the sense of Congress that--
(A) the People's Republic of China is legally bound
to guarantee the civil liberties of the people of Hong
Kong through 2047 under the Basic Law and the ``Joint
Declaration of the Government of the United Kingdom of
Great Britain and Northern Ireland and the Government
of the People's Republic of China on the Question of
Hong Kong'' (hereafter the Joint Declaration), in which
China committed that for 50 years, the ``social and
economic systems in Hong Kong will remain unchanged,
and so will the life-style'';
(B) the Joint Declaration states that ``Rights and
freedoms, including those of the person, of speech, of
the press, of assembly, of association, of travel, of
movement, of correspondence, of strike, of choice of
occupation, of academic research and of religious
belief will be ensured by law in the Hong Kong Special
Administrative Region'', and such rights are reiterated
in Chapter III of the Basic Law;
(C) the Law of the People's Republic of China on
Safeguarding National Security in the Hong Kong Special
Administrative Region violates China's commitments
under the Joint Declaration, constituting a violation
of international law;
(D) the United States of America has a continued
interest in the autonomy of the Hong Kong Special
Administrative Region, particularly as it relates to
the continued viability of the freedom of speech, of
the press, and of publication; the freedom of
association, or assembly; the freedom from arbitrary or
unlawful arrest, detention, or imprisonment; the
freedom from arbitrary or unlawful search of, or
intrusion into, a Hong Kong resident's home or other
premises; the freedom and privacy of communication; the
freedom of conscience; judicial independence; and the
right to initiate legal proceedings in the courts to
hold authorities accountable for unlawful acts; and
(E) the introduction of the Committee for
Safeguarding National Security and a national security
division of the Hong Kong Police Force that operates
outside of the judicial oversight of the courts of Hong
Kong further extends the reach of China's security
apparatus, undermining the integrity and independence
of the judicial system of Hong Kong.
(b) Reports.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), is amended by inserting after section 1107 the
following new section:
``SEC. 1107A. ANNUAL REPORTS ON SECURITY SERVICES OF THE PEOPLE'S
REPUBLIC OF CHINA IN THE HONG KONG SPECIAL ADMINISTRATIVE
REGION.
``(a) Requirement.--On an annual basis through 2047, the Director
of National Intelligence shall submit to the appropriate congressional
committees, and make publicly available on the internet website of the
Director, a report on the presence and activities of Chinese security
services operating within the Hong Kong Special Administrative Region.
``(b) Contents.--Each report under subsection (a) shall include,
with respect to the year covered by the report, the following:
``(1) Identification of the approximate number of personnel
affiliated with Chinese security services operating within the
Hong Kong Special Administrative Region, including a breakdown
of such personnel by the specific security service and the
division of the security service, and (to the extent possible)
an identification of any such personnel associated with the
national security division of the Hong Kong Police Force.
``(2) A description of the command and control structures
of such security services, including information regarding the
extent to which such security services are controlled by the
Government of the Hong Kong Special Administrative Region or
the Government of the People's Republic of China.
``(3) A description of the working relationship and
coordination mechanisms of the Chinese security services with
the police force of the Hong Kong Special Administrative
Region.
``(4) A description of the activities conducted by Chinese
security services operating within the Hong Kong Special
Administrative Region, including--
``(A) information regarding the extent to which
such security services, and officers associated with
the national security division of the Hong Kong Police
Force, are engaged in frontline policing, serving in
advisory and assistance roles, or both;
``(B) an assessment of the likelihood of such
security services conducting renditions of individuals
from the Hong Kong Special Administrative Region to
China and a listing of every known individual subject
to such rendition during the year covered by the
report; and
``(C) an assessment of how such activities
conducted by Chinese security services contribute to
self-censorship and corruption within the Hong Kong
Special Administrative Region.
``(5) A discussion of the doctrine and tactics employed by
Chinese security services operating within the Hong Kong
Special Administrative Region, including an overview of the
extent to which such security services employ surveillance,
detection, and control methods, including `high-tech' policing
models and `preventative policing tactics', that are consistent
with the rise of digital authoritarianism, and used in a manner
similar to methods used in the Xinjiang region of China.
``(6) An overview of the funding for Chinese security
services operating within the Hong Kong Special Administrative
Region, including an assessment of the extent to which funding
is drawn locally from the Hong Kong Special Administrative
Region Government or from the Government of China.
``(7) A discussion of the various surveillance technologies
used by security services operating within the Hong Kong
Special Administrative Region, including--
``(A) a list of the key companies that provide such
technologies; and
``(B) an assessment of the degree to which such
technologies can be accessed by Chinese security
services operating within the Hong Kong Special
Administrative Region.
``(c) Coordination.--In carrying out subsection (a), the Director
shall coordinate with the Director of the Central Intelligence Agency,
the Director of the National Security Agency, the Director of the
Defense Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency, the Assistant Secretary of State for the Bureau of
Intelligence and Research, and any other relevant head of an element of
the intelligence community.
``(d) Form.--Each report submitted to the appropriate congressional
committees under subsection (a) shall be submitted in unclassified
form, but may include a classified annex.
``(e) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the congressional intelligence committees;
``(B) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
``(C) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
``(2) Chinese security services.--The term `Chinese
security services' means--
``(A) the security services of the Government of
the People's Republic of China, including the Ministry
of State Security and the Ministry of Public Security;
and
``(B) any known front organizations or aliases
associated with such security services, including
officers associated with the national security division
of the Hong Kong Police Force and other officers of the
Hong Kong Police Force selected by the Committee for
Safeguarding National Security to work on matters
relating to national security.''.
(c) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after the
item relating to section 1107 the following new item:
``Sec. 1107A. Annual reports on security services of the People's
Republic of China in the Hong Kong Special
Administrative Region.''.
SEC. 812. RESEARCH PARTNERSHIP ON ACTIVITIES OF PEOPLE'S REPUBLIC OF
CHINA.
(a) Research Partnership.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Director of the National
Geospatial-Intelligence Agency shall seek to enter into a
partnership with an academic or non-profit research institution
to--
(A) carry out joint unclassified geospatial
intelligence analyses of the activities of the People's
Republic of China that pose risks to the national
security interests of the United States; and
(B) make available on a publicly available internet
website unclassified geospatial intelligence products
relating to such analyses.
(2) Elements.--The Director shall ensure that the
activities of China analyzed under paragraph (1)(A) include the
following:
(A) Any notable developments relating to the global
activities of the People's Liberation Army Ground
Force, the People's Liberation Army Navy, the People's
Liberation Army Air Force, the People's Liberation Army
Rocket Force, the People's Liberation Army Strategic
Support Force, and the Chinese People's Armed Police
Force Coast Guard Corps.
(B) Infrastructure projects associated with the
``One Belt, One Road'' Initiative.
(C) Maritime land reclamation activities conducted
by China in the South China Sea, the Indian Ocean
region, and the broader maritime commons.
(D) Matters relevant to global public health and
climate security, including--
(i) indications and warnings of disease
outbreaks with pandemic potential;
(ii) the activities of China likely
contributing to climate change; and
(iii) any environmental degradation
directly resulting from the practices of China.
(3) Consortium.--In carrying out paragraph (1), the
Director may enter into a partnership with--
(A) one research institution; or
(B) a consortium of research institutions if the
Director determines that the inclusion of multiple
institutions will result in more effective research
conducted pursuant to this section or improve the
outcomes of such research.
(4) Duration.--The Director shall carry out a partnership
under this section for a period that is not less than 10 years
following the date of the enactment of this Act.
(5) Improvements to partnership.--The Director may modify
the partnership under paragraph (1) or select a new research
institution with which to enter into such a partnership if--
(A) the Director consults with the congressional
intelligence committees with respect to the proposed
modified or new partnership;
(B) the modified or new partnership is carried out
in accordance with this section; and
(C) the Director determines that the modified or
new partnership will result in more effective research
conducted pursuant to this section or improve the
outcomes of such research.
(b) Open-Source Data.--
(1) Identification and publication.--During the life of the
partnership under subsection (a), the Director shall
regularly--
(A) identify raw, unclassified geospatial data that
could improve the research conducted under the
partnership if the data was made publicly available;
and
(B) make such data publicly available.
(2) Consultation.--The Director shall carry out paragraph
(1) in consultation with the research institution or consortium
of research institutions involved with the partnership under
subsection (a).
(c) Briefings.--Not later than 270 days after the date of the
enactment of this Act, and annually thereafter during the life of the
partnership under subsection (a), the Director shall provide to the
appropriate congressional committees a briefing on the partnership.
Each such briefing shall include the following:
(1) The outcomes of research conducted under the
partnership.
(2) Identification of the actions that have been taken to
increase the quantity and quality of unclassified geospatial
analysis products made publicly available under the
partnership, including the quantity and types of raw data the
partnership has made publicly available.
(3) Identification of actual and projected costs to carry
out the partnership.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the Subcommittees on Defense of the Committees on
Appropriations of the House of Representatives and the Senate.
SEC. 813. REPORT ON THE PHARMACEUTICAL AND PERSONAL PROTECTIVE
EQUIPMENT REGULATORY PRACTICES OF THE PEOPLE'S REPUBLIC
OF CHINA.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees, and make publicly
available on the internet website of the Director, a report on the
pharmaceutical and personal protective equipment regulatory practices
of the People's Republic of China.
(b) Contents.--The report under subsection (a) shall include the
following:
(1) An assessment of the quantity of active pharmaceutical
ingredients produced annually within China.
(2) An estimate of the percentage of active pharmaceutical
ingredients produced globally that originate in China.
(3) A description of the National Medical Products
Administration of China, including with respect to--
(A) the roles and responsibilities of the
Administration;
(B) the organizational structure of the
Administration; and
(C) any affiliated institutions of the National
Medical Products Administration.
(4) An assessment of the capacity of the National Medical
Products Administration to effectively develop safety
standards, efficacy standards, and any other relevant standards
concerning the production of active pharmaceutical ingredients
and pharmaceutical drugs.
(5) An assessment of the capacity of the National Medical
Products Administration to enforce standards on the production
and distribution of active pharmaceutical ingredients and
pharmaceutical drugs.
(6) An overview of qualitative disparities between active
pharmaceutical ingredients and pharmaceutical drugs approved by
the National Medical Products Administration and similar drugs
subject to regulatory oversight and approval in the markets of
the member states of the Organisation for Economic Co-operation
and Development.
(7) An assessment of the qualitative disparities between
the standards and enforcement practices of the National Medical
Products Administration on the production and distribution of
active pharmaceutical ingredients and pharmaceutical drugs and
the good manufacturing practice guidelines issued by the
International Council for Harmonization of Technical
Requirements for Pharmaceuticals for Human Use.
(8) An assessment of the susceptibility of the National
Medical Products Administration, the subordinate organizations
of the National Medical Products Administration, and other
associated personnel to engage in corrupt practices,
particularly practices that relate to assessing the safety of
pharmaceutical ingredients and other pharmaceutical drugs
within the authority of the National Medical Products
Administration.
(9) An assessment of the national security risks associated
with the reliance by the United States on pharmaceutical
ingredients and pharmaceutical drugs originating in China,
including an assessment of how and whether China could leverage
its production of certain pharmaceutical ingredients as a means
to coerce the United States or the partners and allies of the
United States.
(10) An assessment of the percentage of personal protective
equipment produced globally that originates in China.
(11) An assessment of the national security risks
associated with any reliance by the United States on personal
protective equipment originating in China, including an
assessment of how and whether China could leverage its
production of personal protective equipment as a means to
coerce the United States or the partners and allies of the
United States.
(c) Coordination.--In carrying out subsection (a), the Director
shall coordinate with the Director of the Central Intelligence Agency,
the Director of the National Security Agency, the Director of the
Defense Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency, and any other relevant head of an element of the
intelligence community.
(d) Form.--The report submitted to the appropriate congressional
committees under subsection (a) shall be submitted in unclassified
form, but may include a classified annex.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives; and
(3) the Committee on Foreign Relations and the Committee on
Finance of the Senate.
Subtitle C--Matters Relating to Other Countries
SEC. 821. NATIONAL INTELLIGENCE ESTIMATE ON SITUATION IN AFGHANISTAN.
(a) Requirement.--The Director of National Intelligence, acting
through the National Intelligence Council, shall produce a National
Intelligence Estimate on the situation in Afghanistan.
(b) Matters.--The National Intelligence Estimate produced under
subsection (a) shall include an assessment of the prospects of a
durable intra-Afghan settlement of the conflict in Afghanistan that
leads to--
(1) a permanent ceasefire and sustained reduction in
violence;
(2) a verifiable break between the Taliban and al-Qaeda;
(3) verifiable cooperation by the Taliban in efforts
against al-Qaeda, the Islamic State of Iraq and the Levant
Khorasan, and associated international terrorists the
intelligence community determines are active in Afghanistan and
pose a threat to the United States homeland or United States
interests abroad; and
(4) sustainment of the social and human rights progress
achieved by Afghan women and girls since 2001.
(c) Submission to Congress.--
(1) Submission.--Not later than February 1, 2021, the
Director shall submit to the congressional intelligence
committees the National Intelligence Estimate produced under
subsection (a), including all intelligence reporting underlying
the Estimate.
(2) Notice regarding submission.--If before February 1,
2021, the Director determines that the National Intelligence
Estimate produced under subsection (a) cannot be submitted by
such date, the Director shall (before such date)--
(A) submit to the congressional intelligence
committees a report setting forth the reasons why the
National Intelligence Estimate cannot be submitted by
such date and an estimated date for the submission of
the National Intelligence Estimate; and
(B) testify before the congressional intelligence
committees on the issues that will be covered by the
National Intelligence Estimate.
(3) Form.--The National Intelligence Estimate shall be
submitted under paragraph (1) in classified form.
(d) Public Version.--Consistent with the protection of intelligence
sources and methods, at the same time as the Director submits to the
congressional intelligence committees the National Intelligence
Estimate under subsection (c), the Director shall make publicly
available on the internet website of the Director an unclassified
version of the key findings of the National Intelligence Estimate.
SEC. 822. ASSESSMENT REGARDING TENSIONS BETWEEN ARMENIA AND AZERBAIJAN.
(a) Assessment Required.--Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a written
assessment regarding tensions between the governments of Armenia and
Azerbaijan, including with respect to the status of the Nagorno-
Karabakh region. Such assessment shall include each of the following:
(1) An identification of the strategic interests of the
United States and its partners in the Armenia-Azerbaijan
region.
(2) A description of all significant uses of force in and
around the Nagorno-Karabakh region and the border between
Armenia and Azerbaijan during calendar year 2020, including a
description of each significant use of force and an assessment
of who initiated the use of such force.
(3) An assessment of the effect of United States military
assistance to Azerbaijan and Armenia on the regional balance of
power and the likelihood of further use of military force.
(4) An assessment of the likelihood of any further uses of
force or potentially destabilizing activities in the region in
the near- to medium-term.
(b) Form of Assessment.--The assessment required under this section
shall be submitted in unclassified form, but may contain a classified
annex.
TITLE IX--REPORTS AND OTHER MATTERS
SEC. 901. ANNUAL REPORTS ON WORLDWIDE THREATS.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 3021 et seq.) is amended by inserting after section 108A the
following new section:
``SEC. 108B. ANNUAL REPORTS ON WORLDWIDE THREATS.
``(a) Annual Reports.--Not later than the first Monday in February
2021, and each year thereafter, the Director of National Intelligence,
in coordination with the heads of the elements of the intelligence
community, shall submit to the appropriate congressional committees a
report containing an assessment of the intelligence community with
respect to worldwide threats to the national security of the United
States.
``(b) Form.--Each report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex only for the
protection of intelligence sources and methods relating to the matters
contained in the report.
``(c) Hearings.--
``(1) Open hearings.--Upon request by the appropriate
congressional committees, the Director (and any other head of
an element of the intelligence community determined appropriate
by the committees in consultation with the Director) shall
testify before such committees in an open setting regarding a
report under subsection (a).
``(2) Closed hearings.--Any information that may not be
disclosed during an open hearing under paragraph (1) in order
to protect intelligence sources and methods may instead be
discussed in a closed hearing that immediately follows such
open hearing.
``(d) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the congressional intelligence committees; and
``(2) the Committees on Armed Services of the House of
Representatives and the Senate.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section
108A the following new item:
``Sec. 108B. Annual reports on world-wide threats.''.
SEC. 902. ANNUAL INTELLIGENCE ASSESSMENTS ON RELATIONSHIP BETWEEN WOMEN
AND VIOLENT EXTREMISM.
(a) Reports.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), as amended by section 602, is further amended by
inserting after section 1110 the following new section:
``SEC. 1111. ANNUAL INTELLIGENCE ASSESSMENTS ON RELATIONSHIP BETWEEN
WOMEN AND VIOLENT EXTREMISM.
``(a) Requirement.--Not later than 180 days after the date of the
enactment of this section, the Director of National Intelligence, in
consultation with the Secretary of Defense, the Secretary of State, and
the head of any element of the intelligence community the Director
determines appropriate, shall submit to the appropriate congressional
committees an intelligence assessment on the relationship between women
and violent extremism and terrorism.
``(b) Contents.--The intelligence assessment under subsection (a)
shall address the following:
``(1) The historical trends and current state of the roles
of women in all aspects of violent extremism and terrorism,
including as recruiters, sympathizers, perpetrators, and
combatants, as well as peace-builders and preventers of violent
extremism and terrorism.
``(2) How the roles of women in all aspects of violent
extremism and terrorism are likely to change in the near- and
medium-term.
``(3) The extent to which the unequal status of women
affects the ability of armed combatants and terrorist groups to
enlist or conscript women and men as combatants and
perpetrators of violence.
``(4) How terrorist groups violate the rights of women and
girls, including through child, early, and forced marriage,
abduction, sexual violence, and human trafficking, and the
extent to which such violations contribute to the spread of
conflict and terrorist activities.
``(5) Opportunities to address the security risk posed by
female extremists and leverage the roles of women in
counterterrorism efforts.
``(6) Approaches and challenges to identify, repatriate,
and reintegrate women affiliated with violent extremist or
terrorist groups, including through disarmament,
demobilization, and reintegration programs.
``(c) Annual Updates.--On an annual basis, the Director shall
submit to the appropriate congressional committees an update to the
intelligence assessment under subsection (a).
``(d) Form.--The assessment submitted to the appropriate
congressional committees under subsection (a), and each update
submitted under subsection (c), shall be submitted in unclassified
form, but may include a classified annex.
``(e) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the congressional intelligence committees;
``(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
``(3) the Committee on Foreign Relations and the Committee
on Armed Services of the Senate.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after the
item relating to section 1110, as added by section 602, the following
new item:
``Sec. 1111. Annual intelligence assessments on relationship between
women and violent extremism.''.
SEC. 903. ANNUAL REPORT ON CLIMATE SECURITY ADVISORY COUNCIL.
Section 120 of the National Security Act of 1947 (50 U.S.C. 3060)
is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Annual Report.--Not later than January 31, 2021, and not less
frequently than annually thereafter, the chair of the Council shall
submit, on behalf of the Council, to the congressional intelligence
committees a report describing the activities of the Council as
described in subsection (c) during the year preceding the year during
which the report is submitted.''.
SEC. 904. IMPROVEMENTS TO FUNDING FOR NATIONAL SECURITY EDUCATION
PROGRAM.
(a) Funding for Scholarship, Fellowship, and Grant Programs.--
Section 810 of the David L. Boren National Security Education Act of
1991 (50 U.S.C. 1910) is amended--
(1) in subsection (c), by striking ``for each fiscal year,
beginning with fiscal year 2005,'' and inserting ``for each of
fiscal years 2005 through 2021''; and
(2) by adding at the end the following new subsection:
``(d) Fiscal Years Beginning With Fiscal Year 2022.--In addition to
amounts that may be made available to the Secretary under the Fund for
a fiscal year, there is authorized to be appropriated to the Secretary
for each fiscal year, beginning with fiscal year 2022, $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) Funding for National Flagship Language Initiative.--Section 811
of such Act (50 U.S.C. 1911) is amended--
(1) in subsection (a), by striking ``$10,000,000'' and
inserting ``$16,000,000''; and
(2) in subsection (b), by striking ``for each fiscal year,
beginning with fiscal year 2005,'' and inserting ``for each of
fiscal years 2005 through 2021''.
(c) Funding for Scholarship Program for Advanced English Language
Studies.--Section 812 of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1912) is amended--
(1) in subsection (a), by striking ``for each fiscal year,
beginning with fiscal year 2005,'' and inserting ``for each of
fiscal years 2005 through 2021'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Fiscal Years Beginning With Fiscal Year 2022.--In addition to
amounts that may be made available to the Secretary under the Fund for
a fiscal year, there is authorized to be appropriated to the Secretary
for each fiscal year, beginning with fiscal year 2022, $2,000,000, to
carry out the scholarship programs for English language studies by
certain heritage community citizens under section 802(a)(1)(E).''; and
(4) in subsection (c), as so redesignated, by striking
``subsection (a)'' and inserting ``this section''.
SEC. 905. REPORT ON BEST PRACTICES TO PROTECT PRIVACY, CIVIL LIBERTIES,
AND CIVIL RIGHTS OF CHINESE AMERICANS.
(a) Report.--Section 5712 of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (Public Law 116-92; 133 Stat. 2171) is--
(1) transferred to title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.);
(2) inserted after section 1112 of such title, as added by
section 902;
(3) redesignated as section 1112; and
(4) amended--
(A) in the heading, by striking ``and civil
liberties'' and inserting ``, civil liberties, and
civil rights''; and
(B) in subsection (b)--
(i) in the matter preceding paragraph (1)
by striking ``Not later than 180 days after the
date of the enactment of this Act,'' and
inserting ``On an annual basis,''; and
(ii) by striking ``and civil liberties'',
each place it appears and inserting ``, civil
liberties, and civil rights''.
(b) Clerical Amendment.--The table of contents at the beginning of
the National Security Act of 1947 is amended by inserting after the
item relating to section 1111, as added by section 902, the following
new item:
``Sec. 1112. Report on best practices to protect privacy, civil
liberties, and civil rights of Chinese
Americans.''.
SEC. 906. NATIONAL INTELLIGENCE ESTIMATE ON THREAT OF GLOBAL PANDEMIC
DISEASE.
(a) National Intelligence Estimate.--
(1) Requirement.--The Director of National Intelligence,
acting through the National Intelligence Council, shall produce
a National Intelligence Estimate on the threat of global
pandemic disease, including with respect to the following:
(A) An assessment of the possible courses of the
COVID-19 pandemic during the 18 months following the
date of the Estimate, including--
(i) the projected spread of COVID-19
outside the United States and the likelihood of
subsequent major outbreaks;
(ii) the capacity of countries and
international organizations to combat the
further spread of COVID-19, including risks and
opportunities for further global cooperation;
and
(iii) the risks to the national security
and health security of the United States if
COVID-19 is not contained abroad.
(B) An assessment of the global public health
system and the responses of the system to the COVID-19
pandemic, including--
(i) prospects for an effective global
disease surveillance and response system,
opportunities to advance the development of
such a system, and signposts for evaluating
whether or not an effective system has been
developed before a disease outbreak occurs; and
(ii) an assessment of global health system
capacity.
(C) An assessment of--
(i) the humanitarian and economic
implications of the COVID-19 pandemic; and
(ii) the consequences of the COVID-19
pandemic with respect to political stability,
armed conflict, democratization, and the global
leadership by the United States of the post-
World War II international system.
(D) An assessment of--
(i) likely threats by global pandemic
diseases during the 10-year period following
the date of the Estimate;
(ii) global readiness to avert a future
global pandemic;
(iii) challenges and opportunities for the
policy of the United States to advance global
pandemic preparedness; and
(iv) the potential role of non-state and
state-backed global influence activities or
disinformation campaigns involving COVID-19 or
future potential global pandemics.
(E) Any other matters the Director determines
appropriate.
(2) Submission to congress.--
(A) Submission.--Not later than 90 days after the
date of the enactment of this Act, the Director shall
submit to the Permanent Select Committee on
Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate the
National Intelligence Estimate produced under paragraph
(1), including all intelligence reporting underlying
the Estimate.
(B) Notice regarding submission.--If before the end
of the 90-day period specified in subparagraph (A) the
Director determines that the National Intelligence
Estimate under paragraph (1) cannot be submitted by the
end of that period, the Director shall (before the end
of that period)--
(i) submit to the Permanent Select
Committee on Intelligence of the House of
Representatives and the Select Committee on
Intelligence of the Senate a report setting
forth--
(I) the reasons why the National
Intelligence Estimate cannot be
submitted by the end of that period;
and
(II) an estimated date for the
submission of the National Intelligence
Estimate; and
(ii) testify before such committees on the
issues that will be covered by the National
Intelligence Estimate.
(C) Form.--The National Intelligence Estimate shall
be submitted under subparagraph (A) in classified form.
(3) Public version.--Consistent with the protection of
intelligence sources and methods, at the same time as the
Director submits to the congressional intelligence committees
the National Intelligence Estimate under paragraph (2), the
Director shall submit to the congressional committees specified
in paragraph (4), and make publicly available on the internet
website of the Director, an unclassified version of the
National Intelligence Estimate.
(4) Congressional committees specified.--The congressional
committees specified in this paragraph are the following:
(A) The Committee on Appropriations, the Committee
on Armed Services, the Committee on Energy and
Commerce, the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Homeland
Security, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(B) The Committee on Appropriations, the Committee
on Armed Services, the Committee on Finance, the
Committee on Foreign Relations, the Committee on
Health, Education, Labor, and Pensions, the Committee
on Homeland Security and Governmental Affairs, and the
Select Committee on Intelligence of the Senate.
(5) Consultation.--The Director shall prepare the National
Intelligence Estimate under paragraph (1) in consultation with
the Secretary of Health and Human Services, the Director of the
Centers for Disease Control and Prevention, the Secretary of
State, and any other head of an element of the Federal
Government the Director of National Intelligence determines
appropriate.
(b) Future Pandemic Plan.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the President shall transmit to the
congressional committees specified in paragraph (3), and make
publicly available on the internet website of the President, a
report containing a whole-of-government plan for an effective
response to subsequent major outbreaks of the COVID-19 pandemic
and for other future global pandemic diseases.
(2) Matters included.--The plan under paragraph (1) shall
address how to improve the following:
(A) Pandemic planning.
(B) Homeland preparedness.
(C) International disease surveillance.
(D) Diagnostic testing.
(E) Contact tracing.
(F) The role of the Federal Government with respect
to the regulation, acquisition, and disbursement, of
medical supplies and other public health resources
necessary to respond to COVID-19 or other diseases with
pandemic potential (including diagnostic testing
equipment, biomedical equipment, drugs and medicines,
and hygiene equipment).
(G) The procurement and distribution of personal
protective equipment.
(H) Early domestic response to future global
pandemic diseases in the United States.
(3) Congressional committees specified.--The congressional
committees specified in this paragraph are the following:
(A) The Committee on Appropriations, the Committee
on Energy and Commerce, the Committee on Foreign
Affairs, the Committee on Homeland Security, and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(B) The Committee on Appropriations, the Committee
on Foreign Relations, the Committee on Health,
Education, Labor, and Pensions, the Committee on
Homeland Security and Governmental Affairs, and the
Select Committee on Intelligence of the Senate.
(c) Global Strategy.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the President, in coordination with
the Director of National Intelligence, shall transmit to the
congressional committees specified in paragraph (2), and make
publicly available on the internet website of the President, a
report containing a global strategy for mobilizing
international institutions to combat the COVID-19 pandemic.
(2) Congressional committees specified.--The congressional
committees specified in this paragraph are the following:
(A) The Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Affairs,
and the Permanent Select Committee on Intelligence of
the House of Representatives.
(B) The Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate.
SEC. 907. MODIFICATION OF REQUIREMENT FOR BRIEFINGS ON NATIONAL
SECURITY EFFECTS OF EMERGING INFECTIOUS DISEASE AND
PANDEMICS.
Section 6722(b)(2) of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020 (division E of Public Law 116-98) is amended--
(1) in the paragraph heading, by striking ``Quinquennial''
and inserting ``Annual'';
(2) by striking ``beginning on the date that is 5 years
after the date on which the Director submits the report under
paragraph (1), and every 5 years thereafter'' and inserting
``not later than January 31, 2021, and annually thereafter'';
and
(3) by inserting ``required under paragraph (1)'' before
the period at the end.
SEC. 908. REPORT ON OPEN-SOURCE SCIENCE AND TECHNOLOGY INTELLIGENCE
COLLECTION AND ANALYSIS WITHIN THE INTELLIGENCE
COMMUNITY.
(a) Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees, and publish on the internet website of the Office
of the Director of National Intelligence, a report assessing
the past and present efforts by the United States Government to
collect and analyze open-source science and technology
intelligence.
(2) Matters included.--The report under paragraph (1) shall
include a description of each of the following:
(A) Current efforts by the intelligence community
to collect and analyze open-source science and
technology intelligence.
(B) Current efforts by the People's Republic of
China to collect, analyze, and exploit open-source
science and technology intelligence.
(C) Historical funding and human resourcing trends
with respect to efforts by the United States Government
to collect and analyze open-source science and
technology intelligence.
(D) The rationale for previous reductions by the
United States Government in funding or staffing for
efforts to collect and analyze open-source science and
technology intelligence.
(E) Any lack of authorities or statutory
limitations that impede efforts of the United States
Government to collect and analyze open-source science
and technology intelligence.
(F) The resources required for the United States
Government to initiate new, or expand existing,
operations to collect and analyze open-source science
and technology intelligence.
(G) Recommendations for expanding operations by the
United States Government to collect and analyze open-
source science and technology, including an assessment
of the feasibility of--
(i) establishing a funding program of
record dedicated to open-source science and
technology intelligence;
(ii) co-locating open source-trained
intelligence officers, intelligence officers
with technical capabilities, and associated
staff from different entities within and
outside of the intelligence community; and
(iii) training a dedicated open-source
intelligence officer cadre composed of language
experts and science and technology experts.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but the report submitted to the
congressional intelligence committees may include a classified
annex.
(b) Interagency Working Group.--
(1) Preparation of report.--The Director of National
Intelligence shall convene an interagency working group (in
this section referred to as the ``working group'') to prepare
the report under subsection (a) and to provide the briefing
under subsection (c).
(2) Members.--The working group shall be composed of
representatives from the following:
(A) The Scientific and Technical Intelligence
Committee of the Office of the Director of National
Intelligence.
(B) The National Intelligence Officer for Science
and Technology of the Office of the Director of
National Intelligence.
(C) The Central Intelligence Agency.
(D) The Defense Intelligence Agency.
(E) The Department of Defense.
(F) The National Geospatial-Intelligence Agency.
(G) The National Security Agency.
(H) The Office of Intelligence and Analysis of the
Department of Homeland Security.
(I) The Federal Bureau of Investigation.
(J) The Bureau for Intelligence and Research of the
Department of State.
(K) The Office of Intelligence and
Counterintelligence of the Department of Energy.
(L) Any other component of the United States
Government, regardless of whether the component is an
element of the intelligence community, that the
Director determines--
(i) collects open-source science and
technology intelligence; and
(ii) would materially assist in the
activities of the working group.
(c) Interim Briefing.--Not later than 120 days after the date of
the enactment of this Act, the working group shall provide to the
congressional intelligence committees a briefing on the initial
findings of the working group under subsection (a).
(d) Open-Source Science and Technology Intelligence Defined.--In
this section, the term ``open-source science and technology
intelligence'' means information of intelligence value regarding
scientific and technological developments that appears in print or
electronic form, including radio, television, newspapers, journals, the
internet, commercial databases, videos, graphics, drawings, or any
other publicly available source.
SEC. 909. INDEPENDENT STUDY ON OPEN-SOURCE INTELLIGENCE.
(a) Study.--The Director of National Intelligence shall seek to
enter into an agreement with a federally funded research and
development center or a nongovernmental entity to conduct a
comprehensive study on the future of the collection, processing,
exploitation, analysis, dissemination, and evaluation of open-source
intelligence by the intelligence community. The Director shall select
such entity in consultation with the congressional intelligence
committees.
(b) Matters Included.--The study under subsection (a) shall include
the following:
(1) Recommendations with respect to the governance of open-
source intelligence within the intelligence community,
including regarding--
(A) whether such governance of open-source
intelligence should be assigned to a functional manager
or an executive agent, or use another governance
structure;
(B) which official of the intelligence community
should serve as such a functional manager, executive
agent, or the leader of such other governance
structure, and what authorities the official should
have in serving in such role;
(C) which official of the intelligence community
should be responsible for conducting oversight by the
executive branch for open-source intelligence;
(D) which elements of the intelligence community
should retain capabilities to collect, process,
exploit, and disseminate open-source intelligence;
(E) how to effectively integrate such collection
capabilities among the elements of the intelligence
community; and
(F) whether to establish a new agency as an element
of the intelligence community dedicated to open-source
intelligence or to establish a fusion center to co-
locate open-source intelligence capabilities of the
elements of the intelligence community, including a
discussion of the advantages and disadvantages of each
such approach.
(2) Recommendations regarding the requirements processes
for open-source intelligence, including with respect to--
(A) the utility (or disutility) of a unified
collection management process for open-source
intelligence for all of the intelligence community;
(B) what such a process might look like;
(C) ways to integrate an open-source requirements
process into all-source collection management; and
(D) ways that automation might be leveraged to
facilitate open-source requirements and collection
management.
(3) An assessment of the value of rejuvenating a career
service for a professional cadre of the intelligence community
that focuses on collecting and disseminating open-source
intelligence and recommendations for such a rejuvenation.
(4) Recommendations regarding the need to adjust any legal
and policy frameworks (including any applicable guidelines of
the Attorney General) that would facilitate the collection,
retention, and dissemination of open-source intelligence while
balancing customer needs with the privacy interests of United
States persons.
(5) An assessment of methods to use open-source
intelligence to support the operations of the intelligence
community, including recommendations on when and how open-
source intelligence should support such operations.
(6) With respect to the data management of open-source
intelligence, recommendations on proposed data ingestion tools,
scraping capabilities, and other tools and capabilities to
collect, process, exploit, and analyze the volume of open-
source intelligence, including recommendations on how the
intelligence community can increase the speed and security with
which the intelligence community adopts open-source technology
and unclassified commercial products.
(7) Any other matters the Director or the entity selected
to conduct the study determines appropriate.
(c) Cooperation.--The Director shall make available to the entity
selected to conduct the study under subsection (a) the necessary
information and materials to conduct the study, including with respect
to--
(1) accessing secure workspaces;
(2) accessing directives and policy guidance of the
intelligence community and other policy documents regarding the
governance and execution of open-source intelligence;
(3) reviewing technological systems used to conduct open-
source intelligence collection;
(4) interviewing senior personnel of the intelligence
community, including such personnel with responsibility for the
open-source intelligence mission of the intelligence community;
and
(5) ensuring that each head of an element of the
intelligence community provides the cooperation described in
this subsection.
(d) Consultation.--The entity selected to conduct the study under
subsection (a) shall consult with the congressional intelligence
committees before beginning to conduct such study.
(e) Report.--Not later than 270 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees a report containing the study under subsection
(a), without change. The report shall be unclassified, but may include
a classified annex.
SEC. 910. SURVEY ON OPEN SOURCE ENTERPRISE.
(a) Survey.--The Director of the Central Intelligence Agency (as
the open source functional manager for the intelligence community), in
consultation with the Director of National Intelligence and any other
head of an element of the intelligence community that the Director of
the Central Intelligence Agency determines appropriate, shall conduct a
survey to measure the satisfaction of customers of open-source
intelligence with the Open Source Enterprise of the Central
Intelligence Agency.
(b) Purpose.--The Director shall ensure that the survey under
subsection (a)--
(1) evaluates which types of open-source intelligence
supports the missions of the customers of such intelligence,
regardless of whether the customers are elements of the
intelligence community and regardless of whether the customers
are receiving such intelligence from the Open Source
Enterprise;
(2) evaluates how responsive the Open Source Enterprise is
to the missions of the elements of the intelligence community
and the other customers of the Open Source Enterprise;
(3) enables the Open Source Enterprise to set strategic
priorities; and
(4) enables Congress to better oversee the strategic
direction of the Open Source Enterprise and to provide support
to the collection and analysis of open-source intelligence.
(c) Contents.--
(1) Assessment.--The survey under subsection (a) shall
include qualitative and quantitative questions designed to
assess the following:
(A) The value of support provided by the Open
Source Enterprise to the mission of the customer taking
the survey.
(B) The accessibility of the products of the Open
Source Enterprise.
(C) The frequency that such products are used in
accomplishing the mission of the customer.
(D) The responsiveness of the Open Source
Enterprise to tasking requests.
(E) Areas in which the Open Source Enterprise could
improve.
(F) The in-house open-source intelligence
capabilities of the customer taking the survey,
including--
(i) a description of such capabilities;
(ii) how such capabilities are tailored to
the mission of the customer;
(iii) when such capabilities were
established; and
(iv) whether and to what extent the
customer coordinates with the Open Source
Enterprise regarding such capabilities.
(2) Survey answers.--A customer who receives the survey
under subsection (a) shall make all reasonable efforts to
respond fully and frankly to the survey.
(d) Design Methodology.--In carrying out subsection (a), the
Director of Central Intelligence shall seek advice regarding design
methodology for customer satisfaction surveys from--
(1) experts in survey design of the Central Intelligence
Agency and the Office of the Director of National Intelligence;
and
(2) senior executives of the Bureau of Intelligence and
Research of the Department of State who conduct a survey
similar to the survey under subsection (a).
(e) Report.--
(1) Strategy.--Not later than 180 days after the date on
which the survey is completed under subsection (a), the
Director shall submit to the congressional intelligence
committees a report on the strategic direction of the Open
Source Enterprise based on the results of the survey, including
explanations of how the Open Source Enterprise will--
(A) build off the successes of the Open Source
Enterprise; and
(B) fill gaps in the collection, production,
analysis, or dissemination of open-source intelligence.
(2) Form.--The report under paragraph (1) shall be
submitted in classified form.
(3) Briefing.--Not later than 30 days after the date on
which the Director submits to the congressional intelligence
committees the report under paragraph (1), the Director shall
provide to such committees a briefing on the strategic
direction of the Open Source Enterprise.
SEC. 911. INTELLIGENCE ASSESSMENT AND REPORTS ON VIOLENT TRANSNATIONAL
WHITE SUPREMACIST EXTREMISM.
(a) Intelligence Assessment.--
(1) Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence, acting through the Director of the National
Counterterrorism Center, in coordination with the Director of
the Federal Bureau of Investigation and the Under Secretary of
Homeland Security for Intelligence and Analysis, and in
consultation with other relevant Federal departments and
agencies, shall submit to the appropriate congressional
committees an intelligence assessment on threats to the United
States associated with foreign violent White supremacist
extremist organizations.
(2) Elements.--The assessment under paragraph (1) shall
include the following:
(A) A list of foreign violent White supremacist
extremist organizations.
(B) With respect to each such organization--
(i) an overview of the membership,
ideology, and activities;
(ii) a description of any transnational
links to the United States or United States
persons;
(iii) a description of the leadership,
plans, intentions, and capabilities;
(iv) whether (and if so, to what extent)
foreign governments or their proxies provide
any manner of support to such organizations,
including a list of each such foreign
government or proxy;
(v) a description of the composition and
characteristics of the members and support
networks, including whether (and if so, to what
extent) the members are also a part of a
military, security service, or police;
(vi) a description of financing and other
forms of material support;
(vii) an assessment of trends and patterns
relative to communications, travel, and
training (including whether and to what extent
the organization is engaged in or facilitating
military or paramilitary training);
(viii) an assessment of the radicalization
and recruitment, including an analysis of the
extremist messaging motivating members and
supporters; and
(ix) whether (and if so, to what extent)
foreign governments have sufficient laws and
policies to counter threats to the United
States associated with the organization,
including best practices and gaps.
(C) An assessment of the status and extent of
information sharing, intelligence partnerships, foreign
police cooperation, and mutual legal assistance between
the United States and foreign governments relative to
countering threats to the United States associated with
foreign violent White supremacist extremist
organizations.
(D) An assessment of intelligence gaps and
recommendations on how to remedy such gaps.
(E) An opportunity analysis regarding countering
such threats, including, at a minimum, with respect to
mitigating and disrupting the transnational nexus.
(3) Standards.--The intelligence assessment under paragraph
(1) shall be conducted in a manner that meets the analytic
integrity and tradecraft standards of the intelligence
community.
(4) Form and public release.--The intelligence assessment
under paragraph (1) shall be submitted in unclassified form,
but may include a classified annex in electronic form that is
fully indexed and searchable. In carrying out this paragraph,
the officials specified in paragraph (1) shall--
(A) ensure that the assessment is unclassified to
the extent possible;
(B) make the unclassified assessment publicly
available on the internet websites of the officials--
(i) by not later than 30 days after
submission to the appropriate congressional
committees; and
(ii) in an electronic format that is fully
indexed and searchable; and
(C) ensure that the assessment is drafted in a way
to maximize the ability to share the assessment,
including the classified annex, with the entities under
paragraph (5).
(5) Sharing.--Consistent with the protection of classified
information, the Director of National Intelligence, acting
through the Director of the National Counterterrorism Center,
in coordination with the Director of the Federal Bureau of
Investigation and the Under Secretary of Homeland Security for
Intelligence and Analysis, shall share the intelligence
assessment under paragraph (1) with--
(A) appropriate Federal departments and agencies;
(B) Joint Terrorism Task Forces and the Domestic
Terrorism-Hate Crimes Fusion Cell of the Federal Bureau
of Investigation;
(C) State, local, and Tribal law enforcement
officials, including officials who operate within
State, local, and regional fusion centers through the
Department of Homeland Security State, Local, and
Regional Fusion Center Initiative established in
accordance with section 210A of the Homeland Security
Act of 2002 (6 U.S.C. 124h); and
(D) appropriate foreign governments, including
foreign intelligence services and foreign police, and
international institutions, that partner with the
United States on countering threats associated with
foreign violent White supremacist extremist
organizations.
(b) Report.--
(1) Requirement.--Not later than 150 days after the date of
the enactment of this Act, the Director of National
Intelligence (acting through the Director of the National
Counterterrorism Center), in coordination with the Secretary of
State, the Secretary of the Treasury, the Attorney General, the
Secretary of Homeland Security, and in a manner consistent with
the authorities and responsibilities of such Secretary or
Director, shall submit to the appropriate congressional
committees a report on the use of Federal laws, regulations,
and policies by the Federal Government to counter threats to
the United States and United States persons associated with
foreign violent White supremacist extremist organizations.
(2) Elements.--The report under paragraph shall include the
following:
(A) An identification, description, and assessment
of the use and efficacy of, Federal laws, regulations,
and policies used by the Federal Government to address
threats to the United States and United States persons
associated with foreign violent White supremacist
extremist organizations, including pursuant to--
(i) section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
485) and section 119 of the National Security
Act of 1949 (50 U.S.C. 3056), particularly with
respect to the coordination and integration of
all instruments of national power;
(ii) Executive Order 12333 (50 U.S.C. 3001
note), as amended;
(iii) the designation of foreign terrorist
organizations under section 219 of the
Immigration and Nationality Act (8 U.S.C.
1189);
(iv) the designation of specially
designated terrorists, specially designated
global terrorists, or specially designated
nationals and blocked persons, pursuant to
Executive Orders 13886, 13372, and 13224 and
parts 594, 595, 596, and 597 of title 31, Code
of Federal Regulations;
(v) National Security Presidential
Memorandums 7 and 9, particularly with respect
to the sharing of terrorism information and
screening and vetting activities; and
(vi) any other applicable Federal laws,
regulations, or policies.
(B) An assessment of whether (and if so, to what
extent and why) such Federal laws, regulations, and
policies are sufficient to counter such threats,
including a description of any gaps and specific
examples to illustrate such gaps.
(C) Recommendations regarding how to remedy the
gaps under subparagraph (B).
(3) Privacy and civil liberties assessment.--Not later than
180 days after the date of the enactment of this Act, the
Privacy and Civil Liberties Oversight Board, in consultation
with the civil liberties and privacy officers of the Federal
departments and agencies the Board determines appropriate,
shall submit to the appropriate congressional committees a
report containing--
(A) an assessment of the impacts on the privacy and
civil liberties of United States persons concerning the
use or recommended use of any Federal laws,
regulations, and policies specified in paragraph (2);
and
(B) recommendations on options to develop
protections to mitigate such impacts.
(4) Form and public release.--The reports under paragraphs
(1) and (2) shall be submitted in unclassified form, but may
include a classified annex in electronic form that is fully
indexed and searchable. In carrying out this paragraph, the
officials responsible for submitting such reports shall--
(A) ensure that the reports are unclassified to the
extent possible;
(B) make the unclassified reports publicly
available on the internet websites of the officials--
(i) by not later than 30 days after
submission to the appropriate congressional
committees; and
(ii) in an electronic format that is fully
indexed and searchable.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence,
the Committee on Homeland Security, the Committee on
Foreign Affairs, and the Committee on the Judiciary of
the House of Representatives; and
(B) the Select Committee on Intelligence, the
Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Affairs, and the
Committee on the Judiciary of the Senate.
(2) Foreign violent white supremacist extremist
organization.--The term ``foreign violent White supremacist
extremist organization'' means an organization, such as a neo-
Nazi or racist skinhead group or militia, with a substantial
component based outside the United States, that is engaged in
the planning or execution of racially or ethnically motivated
acts of terrorism or other targeted violence motivated by White
supremacist extremism, particularly against immigrants or
individuals perceived to be immigrants, African Americans or
other people of African descent, Jews, Muslims, or other people
perceived to be ethnic minorities or otherwise not perceived to
be White.
(3) Terrorism information.--The term ``terrorism
information'' has the meaning given that term in section
1016(a) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 485(a)).
(4) United states person.--The term ``United States
person'' has the meaning given that term in section 105A(c) of
the National Security Act of 1947 (50 U.S.C. 3039).
SEC. 912. WIRELESS SUPPLY CHAIN INNOVATION GRANT PROGRAM.
(a) In General.--From amounts made available under subsection (e),
the Assistant Secretary shall, beginning not later than 18 months after
the date of the enactment of this Act, make grants on a competitive
basis to support the deployment and use of Open RAN 5G Networks
throughout the United States by--
(1) promoting the use of technology, including software,
hardware, and microprocessing technology, that will enhance
competitiveness in the supply chains of Open RAN 5G Networks;
(2) accelerating the deployment of Open Network Equipment;
(3) promoting the use of Open Network Equipment;
(4) establishing objective criteria that can be used to
determine if equipment meets the definition of Open Network
Equipment;
(5) promoting the inclusion of security features that
enhance the integrity and availability of Open Network
Equipment; or
(6) promoting the application of network function
virtualization to facilitate the deployment of Open RAN 5G
Networks and a more diverse vendor market.
(b) Grant Criteria.--The Assistant Secretary, in consultation with
the Commission, the Director of the National Institute of Standards and
Technology, the Secretary of Homeland Security, the Director of the
Defense Advanced Research Projects Agency, and the Director of the
Intelligence Advanced Research Projects Activity of the Office of the
Director of National Intelligence, shall establish the criteria under
which the Assistant Secretary shall award a grant under subsection (a).
(c) Reports to Congress.--
(1) Annual report on grants made.--For each fiscal year for
which amounts are available to make grants under subsection
(a), the Assistant Secretary shall submit to the relevant
committees of Congress a report that includes, with respect to
that fiscal year--
(A) a description of--
(i) to whom grants under subsection (a)
were made, the amount thereof, and criteria
used to award such grants; and
(ii) the progress the Assistant Secretary
has made in meeting the objectives described in
subsection (a) of the grant program under this
section; and
(B) any additional information that the Assistant
Secretary determines appropriate.
(2) Report on 5g network supply chain.--Not later than 180
days after the date of the enactment of this Act, the Assistant
Secretary shall submit to the relevant committees of Congress a
written report--
(A) that includes recommendations on promoting the
competitiveness and sustainability of trusted Open RAN
5G Networks; and
(B) identifying whether any additional authorities
are needed by the Assistant Secretary to facilitate the
timely adoption of Open Network Equipment, including
the authority to provide loans, loan guarantees, and
other forms of credit extension that would maximize the
use of grant amounts awarded under this section.
(d) Advisory Committee.--
(1) Establishment.--The Assistant Secretary shall establish
an Advisory Committee to advise the Assistant Secretary in the
manner described in paragraph (3).
(2) Composition.--The Advisory Committee established under
paragraph (1) shall be composed of--
(A) representatives from--
(i) the Commission;
(ii) the Defense Advanced Research Projects
Agency;
(iii) the Intelligence Advanced Research
Projects Activity of the Office of the Director
of National Intelligence;
(iv) the National Institute of Standards
and Technology;
(v) the Department of State;
(vi) the National Science Foundation; and
(vii) the Department of Homeland Security;
and
(B) other representatives from the private and
public sectors, at the discretion of the Assistant
Secretary.
(3) Duties.--The Advisory Committee established under
paragraph (1) shall be used to advise the Assistant Secretary
on technology developments to help inform--
(A) the strategic direction of the grant program
established under subsection (a); and
(B) efforts of the Federal Government to promote a
more secure, diverse, sustainable, and competitive
supply chain for Open RAN 5G Networks.
(e) Authorization of Appropriations.--
(1) Amount authorized.--There is authorized to be
appropriated to make grants under subsection (a) $750,000,000
for fiscal years 2021 through 2031.
(2) Availability.--Amounts made available under paragraph
(1) shall remain available through fiscal year 2031.
(f) Definitions.--In this section:
(1) 3gpp.--The term ``3GPP'' means the Third Generation
Partnership Project.
(2) 5g network.--The term ``5G network'' means a radio
network as described by 3GPP Release 15 or higher, or any
successor network.
(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(5) Open network equipment.--The term ``Open Network
Equipment'' means equipment that follows a set of open
standards (such as O-RAN standards or the Open Radio Access
Network approach to standardization, adopted by the O-RAN
Alliance, 3GPP, or other organizations) and open interfaces for
multi-vendor network equipment interoperability, such that the
equipment may be integrated into the Radio Access Networks of
an Open RAN 5G Network.
(6) Open ran 5g network.--The term ``Open RAN 5G Network''
means a 5G network that follows a set of open standards (such
as O-RAN standards or the Open Radio Access Network approach to
standardization, adopted by the O-RAN Alliance, 3GPP, or other
organizations) and open interfaces for multi-vendor network
equipment interoperability.
(7) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Energy and Commerce of the
House of Representatives;
(B) the Permanent Select Committee on Intelligence
of the House of Representatives;
(C) the Committee on Foreign Affairs of the House
of Representatives;
(D) the Committee on Homeland Security of the House
of Representatives;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Commerce, Science, and
Transportation of the Senate;
(G) the Select Committee on Intelligence of the
Senate;
(H) the Committee on Foreign Relations of the
Senate;
(I) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(J) the Committee on Armed Services of the Senate.
SEC. 913. SENSE OF CONGRESS REGARDING THIRD OPTION FOUNDATION.
It is the sense of the Congress that the work of the Third Option
Foundation to heal, help, and honor members of the special operations
community of the Central Intelligence Agency and their families is
invaluable.
Union Calendar No. 463
116th CONGRESS
2d Session
H. R. 7856
[Report No. 116-565]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2021 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.
_______________________________________________________________________
October 30, 2020
Reported from the Committee on Intelligence; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed