[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2493 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2493
To establish the Malign Foreign Influence Response Center in the Office
of the Director of National Intelligence, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 17, 2019
Ms. Klobuchar (for herself and Mr. Reed) introduced the following bill;
which was read twice and referred to the Select Committee on
Intelligence
_______________________________________________________________________
A BILL
To establish the Malign Foreign Influence Response Center in the Office
of the Director of National Intelligence, 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.
This Act may be cited as the ``Combatting Foreign Influence Act of
2019''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) Foreign powers and agents are increasingly targeting
the United States with malign foreign influence operations and
campaigns.
(2) In 2016, Kremlin and Kremlin-linked actors interfered
in the presidential election and in response the intelligence
community, including the Director of National Intelligence in
the 2019 World Wide Threat Assessment, has repeatedly warned
that such malign foreign influence operations and campaigns
pose a growing threat to the national security of the United
States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the operations of the Malign Foreign Influence Response
Center should be integrated with existing task forces at
individual agencies that have mandates and resources which are
limited by their particular mission and budget in order to have
an effective whole of government approach to countering malign
foreign influence operations and campaigns;
(2) the intelligence community and Congress should work
together to resolve existing legal limitations on elements of
the intelligence community to monitor malign foreign influence
operations and campaigns;
(3) the intelligence community and Congress should ensure
that appropriate legal authorities are in place to protect the
privacy and civil liberties of citizens of the United States;
and
(4) lessons learned from post-9/11 counterterrorism
experiences should be applied to countering threats from malign
foreign influence operations and campaigns.
SEC. 3. MALIGN FOREIGN INFLUENCE RESPONSE CENTER.
(a) Establishment.--The National Security Act of 1947 (50 U.S.C.
3001 et seq.) is amended by inserting after section 119B the following
new section:
``SEC. 119C. MALIGN FOREIGN INFLUENCE RESPONSE CENTER.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the congressional intelligence committees;
``(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on Rules
and Administration of the Senate; and
``(C) the Committee on Foreign Affairs, the
Committee on Armed Services, and the Committee on House
Administration of the House of Representatives.
``(2) Malign foreign influence operations and campaigns.--
The term `malign foreign influence operations and campaigns'
means the coordinated direct or indirect application of
national diplomatic, informational, military, economic,
business, corruption, educational, and other capability by
hostile foreign powers to affect attitudes, behaviors,
decisions, or outcomes within the United States.
``(b) Establishment.--There is within the Office of the Director of
National Intelligence a Malign Foreign Influence Response Center (in
this section referred to as the `Center').
``(c) Missions.--
``(1) In general.--The primary missions of the Center shall
be as follows:
``(A) To serve as the primary organization in the
United States Government for analyzing and integrating
all intelligence possessed or acquired by the United
States Government pertaining to malign foreign
influence operations and campaigns.
``(B) To synchronize the efforts of the
intelligence community with respect to countering
malign foreign influence operations and campaigns to
undermine the national security, political sovereignty,
and economies of the United States and the allies of
the United States, including by--
``(i) ensuring that each such element is
aware of and coordinating on such efforts; and
``(ii) overseeing the development and
implementation of comprehensive and integrated
policy responses to such efforts.
``(C) In coordination with the relevant elements of
the Department of State, the Department of Defense, the
Federal Bureau of Investigation, the intelligence
community, and other departments and agencies of the
United States--
``(i) to develop, in consultation with the
employee of the National Security Council
designated under section 101(g)(1), policy
recommendations for the President to detect,
deter, and respond to malign foreign influence
operations and campaigns including with respect
to covert activities pursuant to section 503;
and
``(ii) to monitor and assess foreign
efforts to carry out such operations and
campaigns.
``(D) In coordination with the head of the Global
Engagement Center established by section 1287 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 22 U.S.C. 2656 note), to examine
current and emerging foreign efforts to use
disinformation and information operations relating to
the threats described in paragraph (1).
``(E) To identify and close gaps across the
departments and agencies of the Federal Government with
respect to expertise, readiness, and planning to
address malign foreign influence operations and
campaigns.
``(F) To make information available to the public,
as the Director of National Intelligence considers
appropriate, regarding trends, threats, and tactics
deployed by malign foreign influence operations and
campaigns.
``(G) To share information, as the Director of
National Intelligence considers appropriate, with
allied intelligence partners on malign foreign
influence operations and campaigns and in so doing
establish a two-way exchange of information about
malign foreign influence operations and campaigns.
``(2) Scope.--The primary missions of the Center shall
apply to malign foreign influence operations and campaigns
conducted by, at the direction of, on behalf of, conspiring
with, aiding or abetting the efforts, or acting with
substantial support of the following countries:
``(A) Russia.
``(B) Iran.
``(C) North Korea.
``(D) China.
``(E) Such other countries as the Director of
National Intelligence determines appropriate for
purposes of this section.
``(3) Limitations and requirements.--
``(A) Other provisions of law.--The Center shall
ensure that any actions taken pursuant to this
subsection are consistent with other applicable
limitations, including applicable limitations on the
collection, retention, dissemination, and processing of
intelligence, under Federal law, including court orders
and Executive orders, and any relevant agency
guidelines or procedures.
``(B) Constitution.--
``(i) Consistency.--The Center shall ensure
that activities undertaken pursuant to this
section are conducted consistent with
protections under the Constitution.
``(ii) Collection and maintenance.--The
Center may not directly collect information or
maintain information about a United States
person solely for the purpose of monitoring
activities protected by the First Amendment of
the Constitution or the lawful exercise of
other rights secured by the Constitution or
laws of the United States.
``(C) Articulation of foreign connections and
threats.--In receiving information arising out of an
information collection effort in which the collection
target is a United States person and such information
is received from a relevant department or agency of the
Federal Government participating in the mission of the
Center, the Center shall take such steps as may be
necessary to ensure that such department or agency
articulates a reasonable belief that the person is
connected to a foreign power and such person and
connection pose a threat to the United States.
``(d) Director.--
``(1) Appointment.--There is a Director, who shall be the
head of the Center, and who shall be appointed by the Director
of National Intelligence, with the concurrence of the Secretary
of State. The Director of the Center may not simultaneously
serve in any other capacity in the executive branch.
``(2) Reporting.--The Director of the Center shall directly
report to the Director of National Intelligence.
``(3) Responsibilities.--The Director of the Center shall--
``(A) ensure that the relevant departments and
agencies of the Federal Government participate in the
mission of the Center, including by recruiting
detailees from such departments and agencies in
accordance with subsection (g)(1); and
``(B) have primary responsibility within the United
States Government, in coordination with the Director of
National Intelligence, for establishing requirements
for the collection of intelligence related to, or
regarding, malign foreign influence operations and
campaigns, in accordance with applicable provisions of
law and Executive orders.
``(e) Annual Reports.--
``(1) In general.--At the direction of the Director of
National Intelligence, but not less than once each year, the
Director of the Center shall submit to the appropriate
congressional committees a report on malign foreign influence
operations and campaigns.
``(2) Matters included.--Each report under paragraph (1)
shall include, with respect to the period covered by the
report, a discussion of the following:
``(A) The nature of the malign foreign influence
operations and campaigns.
``(B) The ability of the United States Government
to counter and deter such operations and campaigns.
``(C) The progress of the Center in achieving the
missions of the Center.
``(D) Such recommendations as the Director may
determine necessary for legislative action to improve
the ability of the Center to achieve the missions of
the Center.
``(E) Any implications of the activities of the
Center as may regard the privacy and civil liberties of
the people of the United States.
``(F) Recommendations--
``(i) to improve on the activities of the
Center with respect to privacy and civil
liberties; and
``(ii) to improve privacy and civil
liberties safeguards of the intelligence
community for the people of the United States.
``(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
``(f) Annual Independent Review.--
``(1) In general.--Not less frequently than once each year,
the Inspector General of the Intelligence Community shall
conduct an independent review of the programs and activities of
the Center and submit to Congress a report on the findings of
the Inspector General with respect to the review.
``(2) Matters included.--Each report submitted under
paragraph (1) shall include, with respect to the period covered
by the report, the following:
``(A) Discussion of the progress of the Center in
achieving the missions of the Center.
``(B) The effectiveness of integrating activities
from agencies across the Federal Government into the
operations of the Center.
``(C) Such recommendations for legislative action
as the Inspector General may have to improve the
ability of the Center to achieve the missions of the
Center.
``(D) Such recommendations as the Inspector General
may have for improving intelligence gathering and
sharing practices across the intelligence community
relating to the mission and activities of the Center.
``(E) An assessment of the effect of the activities
of the Center on the privacy and civil liberties of the
people of the United States and such recommendations as
the Inspector General may have to improve safeguards to
privacy and civil liberties of the people of the United
States.
``(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
``(g) Employees.--
``(1) Detailees.--Any Federal Government employee may be
detailed to the Center on a reimbursable or nonreimbursable
basis, and such detail shall be without interruption or loss of
civil service status or privilege for a period of not more than
8 years.
``(2) Personal service contractors.--The Director of
National Intelligence, in consultation with the Secretary of
State, may hire United States citizens or aliens as personal
services contractors for purposes of personnel resources of the
Center, if--
``(A) the Director of National Intelligence
determines that existing personnel resources are
insufficient;
``(B) the period in which services are provided by
a personal services contractor, including options, does
not exceed 3 years, unless the Director of National
Intelligence determines that exceptional circumstances
justify an extension of up to 1 additional year;
``(C) not more than 10 United States citizens or
aliens are employed as personal services contractors
under the authority of this paragraph at any time; and
``(D) the authority of this paragraph is only used
to obtain specialized skills or experience or to
respond to urgent needs.
``(3) Security clearances.--Each employee detailed to the
Center and contractor of the Center shall have the security
clearance appropriate for the assigned duties of the employee
or contractor.
``(h) Board.--
``(1) Establishment.--There is established a Board of the
Malign Foreign Influence Response Center (in this section
referred to as the `Board').
``(2) Functions.--The Board shall conduct oversight to
ensure the Center is achieving the missions of the Center.
``(3) Membership.--
``(A) Appointment.--The Board shall consist of 8
members as follows:
``(i) One senior official of the Department
of State appointed by the Secretary of State.
``(ii) One senior official of the
Department of Defense appointed by the
Secretary of Defense.
``(iii) One senior official of the
Department of Justice appointed by the Attorney
General.
``(iv) One senior official of the
Department of the Treasury appointed by the
Secretary of the Treasury.
``(v) One senior official of the Department
of Homeland Security appointed by the Secretary
of Homeland Security.
``(vi) One senior official of the Central
Intelligence Agency appointed by the Director
of the Central Intelligence Agency.
``(vii) One senior official of the Federal
Bureau of Investigation appointed by the
Director of the Federal Bureau of
Investigation.
``(viii) The Chief of the Office of Civil
Liberties, Privacy and Transparency of the
Office of the Director of National
Intelligence, who shall serve as a member of
the Board without delegation to any other
person.
``(B) Requirement.--Each person appointed under
clauses (i) through (vii) of subparagraph (A) shall be
appointed from among members of the Senior Executive
Service.
``(4) Meetings.--The Board shall meet not less than
semiannually and shall be convened by the member appointed by
the Secretary of State.
``(5) Outside experts.--The board may confer with
appropriate outside experts with regard to improving the
ability of the Center to safeguard the privacy and civil
liberties of the people of the United States.
``(i) International Engagement.--The Director of the Center may
convene semiannual conferences to coordinate international efforts to
counter and deter malign foreign influence operations and campaigns.
``(j) Rule of Construction.--Nothing in this section shall be
construed to authorize any activity, including the collection,
retention, or dissemination of intelligence information, that was not
already delegated to the Director of National Intelligence before the
date of the enactment of the Combatting Foreign Influence Act of 2019.
``(k) Termination.--The Center shall terminate on the date that is
8 years after the date of the enactment of the Combatting Foreign
Influence Act of 2019.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section
119B the following new item:
``Sec. 119C. Malign Foreign Influence Response Center.''.
(c) Conforming Amendment.--Section 507(a) of such Act (50 U.S.C.
3106) is amended by adding at the end the following new paragraph:
``(6) An annual report submitted under section
119C(e)(1).''.
<all>
Combatting Foreign Influence Act of 2019
#2493 | S Congress #116
Policy Area: Armed Forces and National Security
Subjects: AlliancesAsiaChinaCongressional oversightDiplomacy, foreign officials, Americans abroadDirector of National IntelligenceElections, voting, political campaign regulationExecutive agency funding and structureGovernment employee pay, benefits, personnel managementGovernment ethics and transparency, public corruptionGovernment studies and investigationsIntelligence activities, surveillance, classified informationInternational organizations and cooperationIranMiddle EastNorth KoreaRight of privacyRussiaSovereignty, recognition, national governance and status
Last Action: Read twice and referred to the Select Committee on Intelligence. (9/17/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text