[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3905 Reported in Senate (RS)]
<DOC>
Calendar No. 477
116th CONGRESS
2d Session
S. 3905
To authorize appropriations for fiscal year 2021 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2020
Mr. Rubio, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2021 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence 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--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--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. Clarification of authorities and responsibilities of National
Manager for National Security
Telecommunications and Information Systems
Security.
Sec. 304. Continuity of operations plans for certain elements of the
intelligence community in the case of a
national emergency.
Sec. 305. Application of Executive Schedule level III to positions of
Director of National Security Agency and
Director of National Reconnaissance Office.
Sec. 306. National Intelligence University.
Sec. 307. Requiring facilitation of establishment of Social Media Data
and Threat Analysis Center.
Sec. 308. Data collection on attrition in intelligence community.
Sec. 309. Limitation on delegation of responsibility for program
management of information-sharing
environment.
Sec. 310. Improvements to provisions relating to intelligence community
information technology environment.
Sec. 311. Requirements and authorities for Director of the Central
Intelligence Agency to improve education in
science, technology, engineering, arts, and
mathematics.
Subtitle B--Inspector General of the Intelligence Community
Sec. 321. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure
by employees and contractors in
intelligence community.
Sec. 322. Clarification of standards regarding whistleblower complaints
and information of urgent concern received
by Inspector General of the Intelligence
Community.
Sec. 323. Clarification regarding submittal of complaints and
information by whistleblowers in the
intelligence community to Congress.
Sec. 324. Limitation on sharing of intelligence community whistleblower
complaints with persons named in such
complaints.
Subtitle C--Reports and Assessments Pertaining to Intelligence
Community
Sec. 331. Assessment by the Comptroller General of the United States on
efforts of the intelligence community and
the Department of Defense to identify and
mitigate risks posed to the intelligence
community and the Department by the use of
direct-to-consumer genetic testing by the
Government of the People's Republic of
China.
Sec. 332. Report on use by intelligence community of hiring
flexibilities and expedited human resources
practices to assure quality and diversity
in the workforce of the intelligence
community.
Sec. 333. Report on signals intelligence priorities and requirements.
Sec. 334. Assessment of demand for student loan repayment program
benefit.
Sec. 335. Assessment of intelligence community demand for child care.
Sec. 336. Open source intelligence strategies and plans for the
intelligence community.
Sec. 337. Plan for establishing an element of the intelligence
community within the United States Space
Force.
TITLE IV--SECURITY CLEARANCES AND TRUSTED WORKFORCE
Sec. 401. Exclusivity, consistency, and transparency in security
clearance procedures, and right to appeal.
Sec. 402. Establishing process parity for security clearance
revocations.
Sec. 403. Federal policy on sharing of derogatory information
pertaining to contractor employees in the
trusted workforce.
TITLE V--REPORTS AND OTHER MATTERS
Sec. 501. Secure and trusted technology.
Sec. 502. Report on attempts by foreign adversaries to build
telecommunications and cybersecurity
equipment and services for, or to provide
such equipment and services to, certain
allies of the United States.
Sec. 503. Report on threats posed by use by foreign governments and
entities of commercially available cyber
intrusion and surveillance technology.
Sec. 504. Reports on recommendations of the Cyberspace Solarium
Commission.
Sec. 505. Assessment of critical technology trends relating to
artificial intelligence, microchips, and
semiconductors and related supply chains.
Sec. 506. Duty to report couterintelligence threats to campaigns.
Sec. 507. Combating Chinese influence operations in the United States
and strengthening civil liberties
protections.
Sec. 508. Annual report on corrupt activities of senior officials of
the Chinese Communist Party.
Sec. 509. Report on corrupt activities of Russian and other Eastern
European oligarchs.
Sec. 510. Report on biosecurity risk and disinformation by the Chinese
Communist Party and the Government of the
People's Republic of China.
Sec. 511. Report on effect of lifting of United Nations arms embargo on
Islamic Republic of Iran.
Sec. 512. Report on Iranian activities relating to nuclear
nonproliferation.
Sec. 513. Sense of Congress on 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 such section.
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 of the Federal Government.
(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
$731,200,000.
(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--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--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. CLARIFICATION OF AUTHORITIES AND RESPONSIBILITIES OF NATIONAL
MANAGER FOR NATIONAL SECURITY TELECOMMUNICATIONS AND
INFORMATION SYSTEMS SECURITY.
(a) Delegation of Authorities and Responsibilities.--
(1) In general.--The National Manager for National Security
Telecommunications and Information Systems Security, as
designated by National Security Directive 42 (signed by the
President on July 5, 1990), may delegate the authorities and
responsibilities assigned the National Manager under such
Directive to a Deputy National Manager for National Security
Telecommunications and Information Systems Security.
(2) Limitation.--The authority to delegate under paragraph
(1) may not be further delegated below the Deputy National
Manager.
(b) Scope of Responsibilities.--
(1) National manager.--
(A) In general.--In carrying out the authorities
and responsibilities of the National Manager under
National Security Directive 42, the National Manager
may supervise, oversee, or execute, either directly or
indirectly, the Information Systems Security Program.
(B) Limitation.--In carrying out the authorities
and responsibilities of the National Manager under
National Security Directive 42, the National Manager
shall not supervise, oversee, or execute, either
directly or indirectly, any aspect of the National
Intelligence Program or the Military Intelligence
Program, except to the degree that doing so is
necessary to supervise, oversee, or execute the
Information Systems Security Program as described in
subparagraph (A).
(2) Deputy national manager.--
(A) In general.--In a case in which the National
Manager delegates authorities and responsibilities to a
Deputy National Manager under subsection (a)(1), the
Deputy National Manager may supervise, oversee, or
execute, either directly or indirectly, the Information
Systems Security Program.
(B) Limitation.--In a case described in
subparagraph (A), the Deputy National Manager shall not
supervise, oversee, or execute, either directly or
indirectly, any aspect of the National Intelligence
Program or the Military Intelligence Program, except to
the degree that doing so is necessary to supervise,
oversee, or execute the Information Systems Security
Program as described in subparagraph (A).
SEC. 304. CONTINUITY OF OPERATIONS PLANS FOR CERTAIN ELEMENTS OF THE
INTELLIGENCE COMMUNITY IN THE CASE OF A NATIONAL
EMERGENCY.
(a) Definition of Covered National Emergency.--In this section, the
term ``covered national emergency'' means the following:
(1) A major disaster declared by the President under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170).
(2) An emergency declared by the President under section
501 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191).
(3) A national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.).
(4) A public health emergency declared under section 319 of
the Public Health Service Act (42 U.S.C. 247d).
(b) In General.--The Director of National Intelligence, the
Director of the Central Intelligence Agency, the Director of the
National Reconnaissance Office, the Director of the Defense
Intelligence Agency, the Director of the National Security Agency, and
the Director of the National Geospatial-Intelligence Agency shall each
establish continuity of operations plans for use in the case of covered
national emergencies for the element of the intelligence community
concerned.
(c) Submission to Congress.--
(1) Director of national intelligence and director of the
central intelligence agency.--Not later than 7 days after the
date on which a covered national emergency is declared, the
Director of National Intelligence and the Director of the
Central Intelligence Agency shall each submit to the
congressional intelligence committees the plan established
under subsection (b) for that emergency for the element of the
intelligence community concerned.
(2) Director of national reconnaissance office, director of
defense intelligence agency, director of national security
agency, and director of national geospatial-intelligence
agency.--Not later than 7 days after the date on which a
covered national emergency is declared, the Director of the
National Reconnaissance Office, the Director of the Defense
Intelligence Agency, the Director of the National Security
Agency, and the Director of the National Geospatial-
Intelligence Agency shall each submit the plan established
under subsection (b) for that emergency for the element of the
intelligence community concerned to the following:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Armed Services of the House of
Representatives.
(d) Updates.--During a covered national emergency, the Director of
National Intelligence, the Director of the Central Intelligence Agency,
the Director of the National Reconnaissance Office, the Director of the
Defense Intelligence Agency, the Director of the National Security
Agency, and the Director of the National Geospatial-Intelligence Agency
shall each submit any updates to the plans submitted under subsection
(c)--
(1) in accordance with that subsection; and
(2) in a timely manner consistent with section 501 of the
National Security Act of 1947 (50 U.S.C. 3091).
SEC. 305. APPLICATION OF EXECUTIVE SCHEDULE LEVEL III TO POSITIONS OF
DIRECTOR OF NATIONAL SECURITY AGENCY AND DIRECTOR OF
NATIONAL RECONNAISSANCE OFFICE.
Section 5314 of title 5, United States Code, is amended by adding
at the end the following:
``Director of the National Security Agency/Central Security
Service.
``Director of the National Reconnaissance Office.''.
SEC. 306. NATIONAL INTELLIGENCE UNIVERSITY.
(a) In General.--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:
``Subtitle D--National Intelligence University
``SEC. 1031. TRANSFER DATE.
``In this subtitle, the term `transfer date' means the date on
which the National Intelligence University is transferred from the
Defense Intelligence Agency to the Director of National Intelligence
under section 5324(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92).
``SEC. 1032. DEGREE-GRANTING AUTHORITY.
``(a) In General.--Beginning on the transfer date, under
regulations prescribed by the Director of National Intelligence, the
President of the National Intelligence University may, upon the
recommendation of the faculty of the University, confer appropriate
degrees upon graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the University is accredited by the appropriate
academic accrediting agency or organization to award the
degree, as determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--
``(1) Actions on nonaccreditation.--Beginning on the
transfer date, the Director shall promptly--
``(A) notify the congressional intelligence
committees of any action by the Middle States
Commission on Higher Education, or other appropriate
academic accrediting agency or organization, to not
accredit the University to award any new or existing
degree; and
``(B) submit to such committees a report containing
an explanation of any such action.
``(2) Modification or redesignation of degree-granting
authority.--Beginning on the transfer date, upon any
modification or redesignation of existing degree-granting
authority, the Director shall submit to the congressional
intelligence committees a report containing--
``(A) the rationale for the proposed modification
or redesignation; and
``(B) any subsequent recommendation of the
Secretary of Education with respect to the proposed
modification or redesignation.
``SEC. 1033. FACULTY MEMBERS; EMPLOYMENT AND COMPENSATION.
``(a) Authority of Director.--Beginning on the transfer date, the
Director of National Intelligence may employ as many professors,
instructors, and lecturers at the National Intelligence University as
the Director considers necessary.
``(b) Compensation of Faculty Members.--The compensation of persons
employed under this section shall be as prescribed by the Director.
``(c) Compensation Plan.--The Director shall provide each person
employed as a professor, instructor, or lecturer at the University on
the transfer date an opportunity to elect to be paid under the
compensation plan in effect on the day before the transfer date (with
no reduction in pay) or under the authority of this section.
``SEC. 1034. ACCEPTANCE OF FACULTY RESEARCH GRANTS.
``The Director of National Intelligence may authorize the President
of the National Intelligence University to accept qualifying research
grants in the same manner and to the same degree as the President of
the National Defense University under section 2165(e) of title 10,
United States Code.
``SEC. 1035. CONTINUED APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE
ACT TO THE BOARD OF VISITORS.
``The Federal Advisory Committee Act (5 U.S.C. App.) shall continue
to apply to the Board of Visitors of the National Intelligence
University on and after the transfer date.''.
(b) Conforming Amendments.--Section 5324 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended--
(1) in subsection (b)(1)(C), by striking ``subsection
(e)(2)'' and inserting ``section 1032(b) of the National
Security Act of 1947'';
(2) by striking subsections (e) and (f); and
(3) by redesignating subsections (g) and (h) as subsections
(e) and (f), respectively.
(c) Clerical Amendment.--The table of contents of the National
Security Act of 1947 is amended by inserting after the item relating to
section 1024 the following:
``Subtitle D--National Intelligence University
``Sec. 1031. Transfer date.
``Sec. 1032. Degree-granting authority.
``Sec. 1033. Faculty members; employment and compensation.
``Sec. 1034. Acceptance of faculty research grants.
``Sec. 1035. Continued applicability of the Federal Advisory Committee
Act to the Board of Visitors.''.
SEC. 307. REQUIRING FACILITATION OF ESTABLISHMENT OF SOCIAL MEDIA DATA
AND THREAT ANALYSIS CENTER.
(a) Requirement to Facilitate Establishment.--Subsection (c)(1) of
section 5323 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92) is amended, by striking ``may'' and inserting
``shall''.
(b) Deadline to Facilitate Establishment.--Such subsection is
further amended by striking ``The Director'' and inserting ``Not later
than 180 days after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2021, the Director''.
(c) Conforming Amendments.--
(1) Reporting.--Subsection (d) of such section is amended--
(A) in the matter before paragraph (1), by striking
``If the Director'' and all that follows through ``the
Center, the'' and inserting ``The''; and
(B) in paragraph (1), by striking ``180 days after
the date of the enactment of this Act'' and inserting
``180 days after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2021''.
(2) Funding.--Subsection (f) of such section is amended by
striking ``fiscal year 2020 and 2021'' and inserting ``fiscal
year 2021 and 2022''.
(3) Clerical.--Subsection (c) of such section is amended--
(A) in the subsection heading, by striking
``Authority'' and inserting ``Requirement''; and
(B) in paragraph (1), in the paragraph heading, by
striking ``Authority'' and inserting ``Requirement''.
SEC. 308. DATA COLLECTION ON ATTRITION IN INTELLIGENCE COMMUNITY.
(a) Standards for Data Collection.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall establish standards for collecting data
relating to attrition in the intelligence community workforce
across demographics, specialities, and length of service.
(2) Inclusion of certain candidates.--The Director shall
include, in the standards established under paragraph (1),
standards for collecting data from candidates who accepted
conditional offers of employment but chose to withdraw from the
hiring process before entering into service, including data
with respect to the reasons such candidates chose to withdraw.
(b) Collection of Data.--Not later than 120 days after the date of
the enactment of this Act, each element of the intelligence community
shall begin collecting data on workforce and candidate attrition in
accordance with the standards established under subsection (a).
(c) Annual Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Director shall
submit to the congressional intelligence committees a report on
workforce and candidate attrition in the intelligence community that
includes--
(1) the findings of the Director based on the data
collected under subsection (b);
(2) recommendations for addressing any issues identified in
those findings; and
(3) an assessment of timeliness in processing hiring
applications of individuals previously employed by an element
of the intelligence community, consistent with the Trusted
Workforce 2.0 initiative sponsored by the Security Clearance,
Suitability, and Credentialing Performance Accountability
Council.
SEC. 309. LIMITATION ON DELEGATION OF RESPONSIBILITY FOR PROGRAM
MANAGEMENT OF INFORMATION-SHARING ENVIRONMENT.
(a) In General.--Section 1016(b) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485(b)), as amended by
section 6402(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92), is further amended--
(1) in paragraph (1), in the matter before subparagraph
(A), by striking ``Director of National Intelligence'' and
inserting ``President'';
(2) in paragraph (2), by striking ``Director of National
Intelligence'' both places it appears and inserting
``President''; and
(3) by adding at the end the following:
``(3) Delegation.--
``(A) In general.--Subject to subparagraph (B), the
President may delegate responsibility for carrying out
this subsection.
``(B) Limitation.--The President may not delegate
responsibility for carrying out this subsection to the
Director of National Intelligence.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2020.
SEC. 310. IMPROVEMENTS TO PROVISIONS RELATING TO INTELLIGENCE COMMUNITY
INFORMATION TECHNOLOGY ENVIRONMENT.
Section 6312 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended by striking subsections (e)
through (i) and inserting the following:
``(e) Long-term Roadmap.--Not later than 180 days after the date of
the enactment of the Intelligence Authorization Act for Fiscal Year
2021, the Director of National Intelligence shall develop and maintain
a long-term roadmap for the intelligence community information
technology environment.
``(f) Business Plan.--Not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year 2021,
the Director of National Intelligence shall develop and maintain a
business plan to implement the long-term roadmap required by subsection
(e).''.
SEC. 311. REQUIREMENTS AND AUTHORITIES FOR DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY TO IMPROVE EDUCATION IN SCIENCE,
TECHNOLOGY, ENGINEERING, ARTS, AND MATHEMATICS.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
seq.) is amended by adding the following:
``SEC. 24. 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, or mathematics.
``(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.--The Director shall, on a continuing basis--
``(1) identify actions that the Director may take to
improve education in the scientific, technology, engineering,
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 Director, 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
Director 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 Director
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 Agency projects,
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 Agency projects, 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
Director 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.--The Director shall designate one or
more individuals within the Agency to advise and assist the Director
regarding matters relating to science, technology, engineering, the
arts, and mathematics education and training.''.
Subtitle B--Inspector General of the Intelligence Community
SEC. 321. 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 1104 of
the National Security Act of 1947 (50 U.S.C. 3234) 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 or negligent disclosure
revealing the identity or other personally identifiable
information of an employee or contractor employee
without the express written consent of the employee or
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 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. 322. CLARIFICATION OF STANDARDS REGARDING WHISTLEBLOWER COMPLAINTS
AND INFORMATION OF URGENT CONCERN RECEIVED BY INSPECTOR
GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Clarification Regarding Definitions of Urgent Concern.--Clause
(i) of section 103H(k)(5)(G) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)(G)) is amended to read as follows:
``(i) A serious or flagrant--
``(I) problem;
``(II) abuse;
``(III) violation of law;
``(IV) violation of an Executive order; or
``(V) deficiency--
``(aa) relating to the funding,
administration, or operation of the Federal
Government; and
``(bb) that is a matter of national
security and not a difference of opinion
concerning public policy matters.''.
(b) Authority to Determine Matters of Urgent Concern.--Section
103H(k)(5)(G) of such Act (50 U.S.C. 3033(k)(5)(G)) is amended--
(1) in clause (i), as amended by subsection (a)--
(A) in subclause (V), by resdesignating items (aa)
and (bb) as subitems (AA) and (BB), respectively; and
(B) by redesignating subclauses (I) through (V) as
items (aa) through (ee), respectively;
(2) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively;
(3) in the matter before subclause (I), as redesignated by
paragraph (2), by inserting ``(i)'' before ``In this''; and
(4) by adding at the end the following:
``(ii) The Inspector General shall have sole authority to determine
whether any complaint or information reported to the Inspector General
is a matter of urgent concern under this paragraph.''.
(c) Scope of Authority of Inspector General of the Intelligence
Community.--Section 103H(k)(5) of such Act (50 U.S.C. 3033(k)(5)) is
amended by adding at the end the following:
``(J) The Inspector General shall have authority over any complaint
or information submitted to the Inspector General from an employee,
detailee, or contractor of the intelligence community.''.
(d) Requirements Relating to Basis and Derivation of Complaints and
Information Reported.--
(1) In report to inspector general.--Subparagraph (A) of
section 103H(k)(5) of such Act (50 U.S.C. 3033(k)(5)) is
amended--
(A) by inserting ``(i)'' before ``An employee'';
and
(B) by adding at the end the following:
``(ii) An employee who reports a complaint or information under
clause (i) shall include in such report a statement of the following:
``(I) The basis upon which such complaint or information is
derived.
``(II) How such complaint or information was discovered.''.
(2) Transmittal to director.--Subparagraph (B) of such
section is amended by inserting before the period the
following: ``and the statement included under subparagraph
(A)(ii), except that the Inspector General shall modify such
statement as the Inspector General considers appropriate and in
accordance with applicable provisions of law to protect the
anonymity of the employee if the employee chooses to maintain
the employee's anonymity''.
SEC. 323. CLARIFICATION REGARDING SUBMITTAL OF COMPLAINTS AND
INFORMATION BY WHISTLEBLOWERS IN THE INTELLIGENCE
COMMUNITY TO CONGRESS.
(a) Clarification of Right to Report Directly to Congress.--
Subsection (a) of section 8H of the Inspector General Act of 1978 (5
U.S.C. App. 8H) is amended by adding at the end the following:
``(4)(A) Subject to subparagraph (C), an employee of an element of
the intelligence community, an employee assigned or detailed to an
element of the intelligence community, or an employee of a contractor
to the intelligence community who intends to report to Congress a
complaint or information may report such complaint or information
directly to Congress, regardless of whether the complaint or
information is with respect to an urgent concern, by contacting
directly--
``(i) the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate, or a nonpartisan
member of the staff of such Committee who has been designated
by the Committee for purposes of receiving complaints or
information under this paragraph; or
``(ii) the Chairman and Ranking Member of the Permanent
Select Committee on Intelligence of the House of
Representatives, or a nonpartisan member of the staff of such
Committee who has been designated by the Committee for purposes
of receiving complaints or information under this paragraph;
and
``(B) In the case of a complaint or information that is with
respect to an urgent concern, the employee may report such complaint or
information directly to Congress as described in subparagraph (A)--
``(i) in lieu of reporting such complaint or information
under paragraph (1); or
``(ii) in addition to reporting such complaint or
information under paragraph (1).
``(C)(i) In the case of a complaint or information containing
classified information, an employee may contact Congress directly as
described in subparagraph (A) of this paragraph only if the employee
contacts designated nonpartisan staff of an intelligence committee and
obtains and follows from the Director of National Intelligence, through
the Inspector General, or from a security officer appointed under
section 103H(j)(5) of the National Security Act of 1947 (50 U.S.C.
3033(j)(5)) guidance and direction on how to report to Congress under
subparagraph (A) of this paragraph in accordance with appropriate
security practices.
``(ii) If an employee contacts designated nonpartisan staff and
seeks guidance and direction under clause (i) and does not receive the
guidance and direction sought within 30 calendar days or fewer, the
employee may contact Congress directly as described in subparagraph (A)
without obtaining and following guidance and direction under clause (i)
of this subparagraph.
``(D) If an employee described in subparagraph (A) reports a
complaint or information to Congress as described in such subparagraph,
such employee shall provide testimony or an interview to an
intelligence committee if--
``(i) such testimony or interview is requested by the
Chairman, Vice Chairman, or Ranking Member of such intelligence
committee;
``(ii) not later than 48 hours after making the request
described in clause (i) and not fewer than 7 days before the
testimony or interview is provided, the Chairman, Vice
Chairman, or Ranking Member who made the request notifies the
Chairman, Vice Chairman, or Ranking Member of such committee
who did not make the request; and
``(iii) such testimony or interview is held in a closed
session in accordance with appropriate classification
guidelines and requisite protections for individual safety.''.
(b) Appointment of Permanent Security Officers.--Section 103H(j) of
the National Security Act of 1947 (50 U.S.C. 3033(j)) is amended by
adding at the end the following:
``(5) The Inspector General shall appoint within the office of the
Inspector General security officers to provide, on a permanent basis,
confidential, security-related guidance and direction to an employee of
an element of the intelligence community, an employee assigned or
detailed to an element of the intelligence community, or an employee of
a contractor of an element of the intelligence community who intends to
report to Congress a complaint or information so that such employee can
obtain direction on how to report to Congress in accordance with
appropriate security practices.''.
(c) Conforming Amendments.--
(1) National security act of 1947.--Section 103H(k)(5)(D)
of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)(D))
is amended--
(A) in clause (i), by striking ``by contacting''
and all that follows and inserting the following: ``by
contacting, directly--
``(I) the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate, or a nonpartisan
member of the staff of such Committee who has been designated
by the Committee for purposes of receiving complaints or
information under this subparagraph; or
``(II) the Chairman and Ranking Member of the Permanent
Select Committee on Intelligence of the House of
Representatives, or a nonpartisan member of the staff of such
Committee who has been designated by the Committee for purposes
of receiving complaints or information under this
subparagraph.'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) In the case of a complaint or information containing
classified information, an employee may contact Congress as described
in clause (i) of this paragraph only if the employee contacts
designated nonpartisan staff of a congressional intelligence committee
and obtains and follows from the Director of National Intelligence,
through the Inspector General, or from a security officer appointed
under subsection (j)(5) guidance and direction on how to report to
Congress under clause (i) of this subparagraph in accordance with
appropriate security practices.
``(II) If an employee contacts designated nonpartisan staff and
seeks guidance and direction under subclause (I) and does not receive
the guidance and direction sought within 30 calendar days or fewer, the
employee may contact Congress directly as described in clause (i)
without obtaining and following guidance and direction under subclause
(I) of this clause.''; and
(C) by adding at the end the following:
``(iv) If an employee described in clause (i) reports a complaint
or information to Congress as described in such clause, such employee
shall provide testimony or an interview to a congressional intelligence
committee if--
``(I) such testimony or interview is requested by the
Chairman, Vice Chairman, or Ranking Member of such
congressional intelligence committee;
``(II) not later than 48 hours after making the request
described in subclause (I) and not fewer than 7 days before the
testimony or interview is provided, the Chairman, Vice
Chairman, or Ranking Member who made the request notifies the
Chairman, Vice Chairman, or Ranking Member of such committee
who did not make the request; and
``(III) such testimony or interview is held in a closed
session in accordance with appropriate classification
guidelines and requisite protections for individual safety.''.
(2) Central intelligence agency act of 1949.--Section
17(d)(5)(D) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3517(d)(5)(D)) is amended--
(A) in clause (i), by striking ``by contacting''
and all that follows and inserting the following: ``by
contacting, directly--
``(I) the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate, or a nonpartisan
member of the staff of such Committee who has been designated
by the Committee for purposes of receiving complaints or
information under this subparagraph; or
``(II) the Chairman and Ranking Member of the Permanent
Select Committee on Intelligence of the House of
Representatives, or a nonpartisan member of the staff of such
Committee who has been designated by the Committee for purposes
of receiving complaints or information under this
subparagraph.'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) In the case of a complaint or information containing
classified information, the employee may contact Congress as described
in clause (i) of this paragraph only if the employee contacts
designated nonpartisan staff of an intelligence committee and obtains
and follows from the Director, through the Inspector General, or from a
security officer appointed under section 103H(j)(5) of the National
Security Act of 1947 (50 U.S.C. 3033(j)(5)) guidance and direction on
how to report to Congress under clause (i) of this subparagraph in
accordance with appropriate security practices.
``(II) If an employee contacts designated nonpartisan staff and
seeks guidance and direction under subclause (I) and does not receive
the guidance and direction sought within 30 calendar days or fewer, the
employee may contact Congress directly as described in clause (i)
without obtaining and following guidance and direction under subclause
(I) of this clause.''; and
(C) by adding at the end the following:
``(iv) If an employee described in clause (i) reports a complaint
or information to Congress as described in such clause, such employee
shall provide testimony or an interview to an intelligence committee
if--
``(I) such testimony or interview is requested by the
Chairman, Vice Chairman, or Ranking Member of such intelligence
committee;
``(II) not later than 48 hours after making the request
described in subclause (I) and not fewer than 7 days before the
testimony or interview is provided, the Chairman, Vice
Chairman, or Ranking Member who made the request notifies the
Chairman, Vice Chairman, or Ranking Member of such committee
who did not make the request; and
``(III) such testimony or interview is held in a closed
session in accordance with appropriate classification
guidelines and requisite protections for individual safety.''.
(3) Inspector general act of 1978.--Section 8H(d) of the
Inspector General Act of 1978 (5 U.S.C. App. 8H(d)) is
amended--
(A) in paragraph (1), by striking ``by contacting''
and all that follows and inserting the following: ``by
contacting, directly--
``(A) the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate, or a nonpartisan
member of the staff of such Committee who has been designated
by the Committee for purposes of receiving complaints or
information under this paragraph; or
``(B) the Chairman and Ranking Member of the Permanent
Select Committee on Intelligence of the House of
Representatives, or a nonpartisan member of the staff of such
Committee who has been designated by the Committee for purposes
of receiving complaints or information under this paragraph.'';
(B) by amending paragraph (2) to read as follows:
``(2)(A) Subject to subparagraph (B), the employee may contact
Congress directly as described in paragraph (1) of this subsection only
if the employee contacts designated nonpartisan staff of an
intelligence committee and obtains and follows from the head of the
establishment, through the Inspector General, or from a security
officer appointed under section 103H(j)(5) of the National Security Act
of 1947 (50 U.S.C. 3033(j)(5)) guidance and direction on how to report
to Congress in accordance with appropriate security practices.
``(B) If an employee contacts designated nonpartisan staff and
seeks guidance and direction under subparagraph (A) and does not
receive the guidance and direction sought within 30 days or fewer, the
employee may contact Congress directly as described in paragraph (1)
without obtaining and following guidance and direction under
subparagraph (A) of this paragraph.''; and
(C) by adding at the end the following:
``(4) If an employee described in paragraph (1) reports a complaint
or information to Congress as described in such paragraph, such
employee shall provide testimony or an interview to an intelligence
committee if--
``(A) such testimony or interview is requested by the
Chairman, Vice Chairman, or Ranking Member of such intelligence
committee;
``(B) not later than 48 hours after making the request
described in subparagraph (A) and not fewer than 7 days before
the testimony or interview is provided, the Chairman, Vice
Chairman, or Ranking Member who made the request notifies the
Chairman, Vice Chairman, or Ranking Member of such committee
who did not make the request; and
``(C) such testimony or interview is held in a closed
session in accordance with appropriate classification
guidelines and requisite protections for individual safety.''.
SEC. 324. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY WHISTLEBLOWER
COMPLAINTS WITH PERSONS NAMED IN SUCH COMPLAINTS.
Section 8H of the Inspector General Act of 1978 (5 U.S.C. App. 8H)
is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h)(1) It shall be unlawful for an employee or agent of the
Federal Government to share any complaint or information submitted to
an Inspector General under this section with any person named as a
subject of the complaint or information, unless--
``(A) the person who submitted the complaint or information
consents, in writing, to such sharing; and
``(B) such sharing is part of an investigation of an
alleged violation of section 1104 of the National Security Act
of 1947 (50 U.S.C. 3234) that involves a personnel action
described in subsection (a)(3)(J) of such section.
``(2) Any person who violates paragraph (1) shall be fined in
accordance with title 18, United States Code, imprisoned for not more
than 2 years, or both.
``(3) In any case in which an Inspector General under this section
learns of a violation of paragraph (1), such Inspector General shall
notify the congressional intelligence committees of such violation.''.
Subtitle C--Reports and Assessments Pertaining to Intelligence
Community
SEC. 331. ASSESSMENT BY THE COMPTROLLER GENERAL OF THE UNITED STATES ON
EFFORTS OF THE INTELLIGENCE COMMUNITY AND THE DEPARTMENT
OF DEFENSE TO IDENTIFY AND MITIGATE RISKS POSED TO THE
INTELLIGENCE COMMUNITY AND THE DEPARTMENT BY THE USE OF
DIRECT-TO-CONSUMER GENETIC TESTING BY THE GOVERNMENT OF
THE PEOPLE'S REPUBLIC OF CHINA.
(a) Assessment Required.--The Comptroller General of the United
States shall assess the efforts of the intelligence community and the
Department of Defense to identify and mitigate the risks posed to the
intelligence community and the Department by the use of direct-to-
consumer genetic testing by the Government of the People's Republic of
China.
(b) Report Required.--
(1) Definition of united states direct-to-consumer genetic
testing company.--In this subsection, the term ``United States
direct-to-consumer genetic testing company'' means a private
entity that--
(A) carries out direct-to-consumer genetic testing;
and
(B) is organized under the laws of the United
States or any jurisdiction within the United States.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall submit
to Congress a report on the assessment required by subsection
(a).
(3) Elements.--The report required by paragraph (2) shall
include the following:
(A) A description of key national security risks
and vulnerabilities associated with direct-to-consumer
genetic testing, including--
(i) how the Government of the People's
Republic of China may be using data provided by
personnel of the intelligence community and the
Department through direct-to-consumer genetic
tests; and
(ii) how ubiquitous technical surveillance
may amplify those risks.
(B) An assessment of the extent to which the
intelligence community and the Department have
identified risks and vulnerabilities posed by direct-
to-consumer genetic testing and have sought to mitigate
such risks and vulnerabilities, or have plans for such
mitigation, including the extent to which the
intelligence community has determined--
(i) in which United States direct-to-
consumer genetic testing companies the
Government of the People's Republic of China or
entities owned or controlled by the Government
of the People's Republic of China have an
ownership interest; and
(ii) which United States direct-to-consumer
genetic testing companies may have sold data to
the Government of the People's Republic of
China or entities owned or controlled by the
Government of the People's Republic of China.
(C) Such recommendations as the Comptroller General
may have for action by the intelligence community and
the Department to improve the identification and
mitigation of risks and vulnerabilities posed by the
use of direct-to-consumer genetic testing by the
Government of the People's Republic of China.
(4) Form.--The report required by paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Cooperation.--The heads of relevant elements of the
intelligence community and components of the Department shall--
(1) fully cooperate with the Comptroller General in
conducting the assessment required by subsection (a); and
(2) provide any information and data required by the
Comptroller General to conduct the assessment.
SEC. 332. REPORT ON USE BY INTELLIGENCE COMMUNITY OF HIRING
FLEXIBILITIES AND EXPEDITED HUMAN RESOURCES PRACTICES TO
ASSURE QUALITY AND DIVERSITY IN THE WORKFORCE OF THE
INTELLIGENCE COMMUNITY.
(a) In General.--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 a report on how
elements of the intelligence community are exercising hiring
flexibilities and expedited human resources practices afforded under
section 3326 of title 5, United States Code, and subpart D of part 315
of title 5, Code of Federal Regulations, or successor regulation, to
assure quality and diversity in the workforce of the intelligence
community.
(b) Obstacles.--The report submitted under subsection (a) shall
include identification of any obstacles encountered by the intelligence
community in exercising the authorities described in such subsection.
SEC. 333. REPORT ON SIGNALS INTELLIGENCE PRIORITIES AND REQUIREMENTS.
(a) Report Required.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on signals
intelligence priorities and requirements subject to Presidential Policy
Directive 28.
(b) Elements.--The report required by subsection (a) shall cover
the following:
(1) The implementation of the annual process for advising
the Director on signals intelligence priorities and
requirements described in section 3 of Presidential Policy
Directive 28.
(2) The signals intelligence priorities and requirements as
of the most recent annual process.
(3) The application of such priorities and requirements to
the signals intelligence collection efforts of the intelligence
community.
(4) The contents of the classified annex referenced in
section 3 of Presidential Policy Directive 28.
(c) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 334. ASSESSMENT OF DEMAND FOR STUDENT LOAN REPAYMENT PROGRAM
BENEFIT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the head of each element of the intelligence
community shall--
(1) calculate the number of personnel of that element who
qualify for a student loan repayment program benefit;
(2) compare the number calculated under paragraph (1) to
the number of personnel who apply for such a benefit;
(3) provide recommendations for how to structure such a
program to optimize participation and enhance the effectiveness
of the benefit as a retention tool, including with respect to
the amount of the benefit offered and the length of time an
employee receiving a benefit is required to serve under a
continuing service agreement; and
(4) identify any shortfall in funds or authorities needed
to provide such a benefit.
(b) Inclusion in Fiscal Year 2022 Budget Submission.--The Director
of National Intelligence shall include in the budget justification
materials submitted to Congress in support of the budget for the
intelligence community for fiscal year 2022 (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code) a report on the findings of the elements of the
intelligence community under subsection (a).
SEC. 335. ASSESSMENT OF INTELLIGENCE COMMUNITY DEMAND FOR CHILD CARE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the heads of the elements of the intelligence
community specified in subsection (b), shall submit to the
congressional intelligence committees a report that includes--
(1) a calculation of the total annual demand for child care
by employees of such elements, at or near the workplaces of
such employees, including a calculation of the demand for early
morning and evening child care;
(2) an identification of any shortfall between the demand
calculated under paragraph (1) and the child care supported by
such elements as of the date of the report;
(3) an assessment of options for addressing any such
shortfall, including options for providing child care at or
near the workplaces of employees of such elements;
(4) an identification of the advantages, disadvantages,
security requirements, and costs associated with each such
option;
(5) a plan to meet, by the date that is 5 years after the
date of the report--
(A) the demand calculated under paragraph (1); or
(B) an alternative standard established by the
Director for child care available to employees of such
elements; and
(6) an assessment of needs of specific elements of the
intelligence community, including any Government-provided child
care that could be collocated with a workplace of employees of
such an element and any available child care providers in the
proximity of such a workplace.
(b) Elements Specified.--The elements of the intelligence community
specified in this subsection are the following:
(1) The Central Intelligence Agency.
(2) The National Security Agency.
(3) The Defense Intelligence Agency.
(4) The National Geospatial-Intelligence Agency.
(5) The National Reconnaissance Office.
(6) The Office of the Director of National Intelligence.
SEC. 336. OPEN SOURCE INTELLIGENCE STRATEGIES AND PLANS FOR THE
INTELLIGENCE COMMUNITY.
(a) Requirement for Survey and Evaluation of Customer Feedback.--
Not later than 90 days after the date of the enactment of this Act, the
Director of National Intelligence, in coordination with the head of
each element of the intelligence community, shall--
(1) conduct a survey of the open source intelligence
requirements, goals, monetary and property investments, and
capabilities for each element of the intelligence community;
and
(2) evaluate the usability and utility of the Open Source
Enterprise by soliciting customer feedback and evaluating such
feedback.
(b) Requirement for Overall Strategy and for Intelligence
Community, Plan for Improving Usability of Open Source Enterprise, and
Risk Analysis of Creating Open Source Center.--Not later than 180 days
after the date of the enactment of this Act, the Director, in
coordination with the head of each element of the intelligence
community and using the findings of the Director with respect to the
survey conducted under subsection (a), shall--
(1) develop a strategy for open source intelligence
collection, analysis, and production that defines the
overarching goals, roles, responsibilities, and processes for
such collection, analysis, and production for the intelligence
community;
(2) develop a plan for improving usability and utility of
the Open Source Enterprise based on the customer feedback
solicited under subsection (a)(2); and
(3) conduct a risk and benefit analysis of creating an open
source center independent of any current intelligence community
element.
(c) Requirement for Plan for Centralized Data Repository.--Not
later than 270 days after the date of the enactment of this Act and
using the findings of the Director with respect to the survey and
evaluation conducted under subsection (a), the strategy and plan
developed under subsection (b), and the risk and benefit analysis
conducted under such subsection, the Director shall develop a plan for
a centralized data repository of open source intelligence that enables
all elements of the intelligence community--
(1) to use such repository for their specific requirements;
and
(2) to derive open source intelligence advantages.
(d) Requirement for Cost-sharing Model.--Not later than 1 year
after the date of the enactment of this Act and using the findings of
the Director with respect to the survey and evaluation conducted under
subsection (a), the strategy and plan developed under subsection (b),
the risk and benefit analysis conducted under such subsection, and the
plan developed under subsection (c), the Director shall develop a cost-
sharing model that leverages the open source intelligence investments
of each element of the intelligence community for the beneficial use of
the entire intelligence community.
(e) Congressional Briefing.--Not later than 1 year after the date
of the enactment of this Act, the Director of National Intelligence,
the Director of the Central Intelligence Agency, the Director of the
Defense Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency, and the Director of the National Security Agency
shall jointly brief the congressional intelligence committees on--
(1) the strategy developed under paragraph (1) of
subsection (b);
(2) the plan developed under paragraph (2) of such
subsection;
(3) the plan developed under subsection (c); and
(4) the cost-sharing model developed under subsection (d).
SEC. 337. PLAN FOR ESTABLISHING AN ELEMENT OF THE INTELLIGENCE
COMMUNITY WITHIN THE UNITED STATES SPACE FORCE.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence and the Under Secretary of
Defense for Intelligence and Security, in coordination with the
Secretary of the Air Force and the Chief of Space Operations, shall
submit to the congressional intelligence committees, the Committee on
Armed Services of the Senate, and the Committee on Armed Services of
the House of Representatives a plan for establishing an element of the
intelligence community within the United States Space Force.
TITLE IV--SECURITY CLEARANCES AND TRUSTED WORKFORCE
SEC. 401. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN SECURITY
CLEARANCE PROCEDURES, AND RIGHT TO APPEAL.
(a) Exclusivity of Procedures.--Section 801 of the National
Security Act of 1947 (50 U.S.C. 3161) is amended by adding at the end
the following:
``(c) Exclusivity.--Except as provided in subsection (b) and
subject to sections 801A and 801B, the procedures established pursuant
to subsection (a) and promulgated and set forth under subpart A of
title 32, Code of Federal Regulations, or successor regulations, shall
be the exclusive procedures by which decisions about eligibility for
access to classified information are governed.''.
(b) Transparency.--Such section is further amended by adding at the
end the following:
``(d) Publication.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the President shall--
``(A) publish in the Federal Register the
procedures established pursuant to subsection (a); or
``(B) submit to Congress a certification that the
procedures currently in effect that govern access to
classified information as described in subsection (a)--
``(i) are published in the Federal
Register; and
``(ii) comply with the requirements of
subsection (a).
``(2) Updates.--Whenever the President makes a revision to
a procedure established pursuant to subsection (a), the
President shall publish such revision in the Federal Register
not later than 30 days before the date on which the revision
becomes effective.''.
(c) Consistency.--
(1) In general.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended by inserting after
section 801 the following:
``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED INFORMATION.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Classified information.--The term `classified
information' includes sensitive compartmented information,
restricted data, restricted handling information, and other
compartmented information.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information' has
the meaning given such term in the procedures established
pursuant to section 801(a).
``(b) In General.--Each head of an agency that makes a
determination regarding eligibility for access to classified
information shall ensure that in making the determination, the head of
the agency or any person acting on behalf of the head of the agency--
``(1) does not violate any right or protection enshrined in
the Constitution of the United States, including rights
articulated in the First, Fifth, and Fourteenth Amendments;
``(2) does not discriminate for or against an individual on
the basis of race, ethnicity, color, religion, sex, national
origin, age, or handicap;
``(3) is not carrying out--
``(A) retaliation for political activities or
beliefs; or
``(B) a coercion or reprisal described in section
2302(b)(3) of title 5, United States Code; and
``(4) does not violate section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of 1947
(50 U.S.C. 3002) is amended by inserting after the item
relating to section 801 the following:
``Sec. 801A. Decisions relating to access to classified information.''.
(d) Right to Appeal.--
(1) In general.--Such title, as amended by subsection (c),
is further amended by inserting after section 801A the
following:
``SEC. 801B. RIGHT TO APPEAL.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Covered person.--The term `covered person' means a
person, other than the President and Vice President, currently
or formerly employed in, detailed to, assigned to, or issued an
authorized conditional offer of employment for a position that
requires access to classified information by an agency,
including the following:
``(A) A member of the Armed Forces.
``(B) A civilian.
``(C) An expert or consultant with a contractual or
personnel obligation to an agency.
``(D) Any other category of person who acts for or
on behalf of an agency as determined by the head of the
agency.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information' has
the meaning given such term in the procedures established
pursuant to section 801(a).
``(4) Need for access.--The term `need for access' has such
meaning as the President may define in the procedures
established pursuant to section 801(a).
``(5) Reciprocity of clearance.--The term `reciprocity of
clearance', with respect to a denial by an agency, means that
the agency, with respect to a covered person--
``(A) failed to accept a security clearance
background investigation as required by paragraph (1)
of section 3001(d) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(d));
``(B) failed to accept a transferred security
clearance background investigation required by
paragraph (2) of such section;
``(C) subjected the covered person to an additional
investigative or adjudicative requirement in violation
of paragraph (3) of such section; or
``(D) conducted an investigation in violation of
paragraph (4) of such section.
``(6) Security executive agent.--The term `Security
Executive Agent' means the officer serving as the Security
Executive Agent pursuant to section 803.
``(b) Agency Review.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2021, each head of an agency shall, consistent with
the interest of national security, establish and publish in the
Federal Register a process by which a covered person to whom
eligibility for access to classified information was denied or
revoked by the agency or for whom reciprocity of clearance was
denied by the agency can appeal that denial or revocation
within the agency.
``(2) Elements.--The process required by paragraph (1)
shall include the following:
``(A) In the case of a covered person to whom
eligibility for access to classified information or
reciprocity of clearance is denied or revoked by an
agency, the following:
``(i) The head of the agency shall provide
the covered person with a written--
``(I) detailed explanation of the
basis for the denial or revocation as
the head of the agency determines is
consistent with the interests of
national security and as permitted by
other applicable provisions of law; and
``(II) notice of the right of the
covered person to a hearing and appeal
under this subsection.
``(ii) Not later than 30 days after
receiving a request from the covered person for
copies of the documents that formed the basis
of the agency's decision to revoke or deny,
including the investigative file, the head of
the agency shall provide to the covered person
copies of such documents as--
``(I) the head of the agency
determines is consistent with the
interests of national security; and
``(II) permitted by other
applicable provisions of law,
including--
``(aa) section 552 of title
5, United States Code (commonly
known as the `Freedom of
Information Act');
``(bb) section 552a of such
title (commonly known as the
`Privacy Act of 1974'); and
``(cc) such other
provisions of law relating to
the protection of confidential
sources and privacy of
individuals.
``(iii)(I) The covered person shall have
the opportunity to retain counsel or other
representation at the covered person's expense.
``(II) Upon the request of the covered
person, and a showing that the ability to
review classified information is essential to
the resolution of an appeal under this
subsection, counsel or other representation
retained under this clause shall be considered
for access to classified information for the
limited purposes of such appeal.
``(iv)(I) The head of the agency shall
provide the covered person an opportunity, at a
point in the process determined by the agency
head--
``(aa) to appear personally before
an adjudicative or other authority,
other than the investigating entity,
and to present to such authority
relevant documents, materials, and
information, including evidence that
past problems relating to the denial or
revocation have been overcome or
sufficiently mitigated; and
``(bb) to call and cross-examine
witnesses before such authority, unless
the head of the agency determines that
calling and cross-examining witnesses
is not consistent with the interests of
national security.
``(II) The head of the agency shall make,
as part of the security record of the covered
person, a written summary, transcript, or
recording of any appearance under item (aa) of
subclause (I) or of any calling or cross-
examining of witnesses under item (bb) of such
subclause.
``(v) On or before the date that is 30 days
after the date on which the covered person
receives copies of documents under clause (ii),
the covered person may request a hearing of the
decision to deny or revoke by filing a written
appeal with the head of the agency.
``(B) A requirement that each review of a decision
under this subsection is completed on average not later
than 180 days after the date on which a hearing is
requested under subparagraph (A)(v).
``(3) Agency review panels.--
``(A) In general.--Each head of an agency shall
establish a panel to hear and review appeals under this
subsection.
``(B) Membership.--
``(i) Composition.--Each panel established
by the head of an agency under subparagraph (A)
shall be composed of at least three employees
of the agency selected by the agency head, two
of whom shall not be members of the security
field.
``(ii) Terms.--A term of service on a panel
established by the head of an agency under
subparagraph (A) shall not exceed 2 years.
``(C) Decisions.--
``(i) Written.--Each decision of a panel
established under subparagraph (A) shall be in
writing and contain a justification of the
decision.
``(ii) Consistency.--Each head of an agency
that establishes a panel under subparagraph (A)
shall ensure that each decision of the panel is
consistent with the interests of national
security and applicable provisions of law.
``(iii) Overturn.--The head of an agency
may overturn a decision of the panel if, not
later than 30 days after the date on which the
panel issues the decision, the agency head
personally exercises the authority granted by
this clause to overturn such decision.
``(iv) Finality.--Each decision of a panel
established under subparagraph (A) or
overturned pursuant to clause (iii) of this
subparagraph shall be final but subject to
appeal and review under subsection (c).
``(D) Access to classified information.--The head
of an agency that establishes a panel under
subparagraph (A) shall afford access to classified
information to the members of the panel as the agency
head determines--
``(i) necessary for the panel to hear and
review an appeal under this subsection; and
``(ii) consistent with the interests of
national security.
``(4) Representation by counsel.--
``(A) In general.--Each head of an agency shall
ensure that, under this subsection, a covered person
appealing a decision of the head's agency under this
subsection has an opportunity to retain counsel or
other representation at the covered person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of a
covered person appealing a decision of an
agency under this subsection and a showing that
the ability to review classified information is
essential to the resolution of the appeal under
this subsection, the head of the agency shall
sponsor an application by the counsel or other
representation retained under this paragraph
for access to classified information for the
limited purposes of such appeal.
``(ii) Extent of access.--Counsel or
another representative who is cleared for
access under this subparagraph may be afforded
access to relevant classified materials to the
extent consistent with the interests of
national security.
``(5) Corrective action.--
``(A) In general.--If, in the course of proceedings
under this subsection, the head of an agency or a panel
established by the agency head under paragraph (3)
decides that a covered person's eligibility for access
to classified information was improperly denied or
revoked by the agency, the agency shall take corrective
action to return the covered person, as nearly as
practicable and reasonable, to the position such
covered person would have held had the improper denial
or revocation not occurred.
``(B) Compensation.--Corrective action under
subparagraph (A) may include compensation, in an amount
not to exceed $300,000, for any loss of wages or
benefits suffered, or expenses otherwise incurred, by
reason of such improper denial or revocation.
``(6) Publication of decisions.--
``(A) In general.--Each head of an agency shall
publish each final decision on an appeal under this
subsection.
``(B) Requirements.--In order to ensure
transparency, oversight by Congress, and meaningful
information for those who need to understand how the
clearance process works, each publication under
subparagraph (A) shall be--
``(i) made in a manner that is consistent
with section 552 of title 5, United States
Code, as amended by the Electronic Freedom of
Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of
the case, redacting personally identifiable
information and sensitive program information;
and
``(iii) made available on a website that is
searchable by members of the public.
``(c) Higher Level Review.--
``(1) Panel.--
``(A) Establishment.--Not later than 180 days after
the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2021, the Security
Executive Agent shall establish a panel to review
decisions made on appeals pursuant to the processes
established under subsection (b).
``(B) Scope of review and jurisdiction.--After the
initial review to verify grounds for appeal, the panel
established under subparagraph (A) shall review such
decisions only--
``(i) as they relate to violations of
section 801A(b); or
``(ii) to the extent to which an agency
properly conducted a review of an appeal under
subsection (b).
``(C) Composition.--The panel established pursuant
to subparagraph (A) shall be composed of three
individuals selected by the Security Executive Agent
for purposes of the panel, of whom at least one shall
be an attorney.
``(2) Appeals and timeliness.--
``(A) Appeals.--
``(i) Initiation.--On or before the date
that is 30 days after the date on which a
covered person receives a written decision on
an appeal under subsection (b), the covered
person may initiate oversight of that decision
by filing a written appeal with the Security
Executive Agent.
``(ii) Filing.--A written appeal filed
under clause (i) relating to a decision of an
agency shall be filed in such form, in such
manner, and containing such information as the
Security Executive Agent may require,
including--
``(I) a description of--
``(aa) any alleged
violations of section 801A(b)
relating to the denial or
revocation of the covered
person's eligibility for access
to classified information; and
``(bb) any allegations of
how the decision may have been
the result of the agency
failing to properly conduct a
review under subsection (b);
and
``(II) supporting materials and
information for the allegations
described under subclause (I).
``(B) Timeliness.--The Security Executive Agent
shall ensure that, on average, review of each appeal
filed under this subsection is completed not later than
180 days after the date on which the appeal is filed.
``(3) Decisions and remands.--
``(A) In general.--If, in the course of reviewing
under this subsection a decision of an agency under
subsection (b), the panel established under paragraph
(1) decides that there is sufficient evidence of a
violation of section 801A(b) to merit a new hearing or
decides that the decision of the agency was the result
of an improperly conducted review under subsection (b),
the panel shall vacate the decision made under
subsection (b) and remand to the agency by which the
covered person shall be eligible for a new appeal under
subsection (b).
``(B) Written decisions.--Each decision of the
panel established under paragraph (1) shall be in
writing and contain a justification of the decision.
``(C) Consistency.--The panel under paragraph (1)
shall ensure that each decision of the panel is
consistent with the interests of national security and
applicable provisions of law.
``(D) Finality.--
``(i) In general.--Except as provided in
clause (ii), each decision of the panel
established under paragraph (1) shall be final.
``(ii) Overturn.--The Security Executive
Agent may overturn a decision of the panel if,
not later than 30 days after the date on which
the panel issues the decision, the Security
Executive Agent personally exercises the
authority granted by this clause to overturn
such decision.
``(E) Nature of remands.--In remanding a decision
under subparagraph (A), the panel established under
paragraph (1) may not direct the outcome of any further
appeal under subsection (b).
``(F) Notice of decisions.--For each decision of
the panel established under paragraph (1) regarding a
covered person, the Security Executive Agent shall
provide the covered person with a written notice of the
decision that includes a detailed description of the
reasons for the decision, consistent with the interests
of national security and applicable provisions of law.
``(4) Representation by counsel.--
``(A) In general.--The Security Executive Agent
shall ensure that, under this subsection, a covered
person appealing a decision under subsection (b) has an
opportunity to retain counsel or other representation
at the covered person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of the
covered person and a showing that the ability
to review classified information is essential
to the resolution of an appeal under this
subsection, the Security Executive Agent shall
sponsor an application by the counsel or other
representation retained under this paragraph
for access to classified information for the
limited purposes of such appeal.
``(ii) Extent of access.--Counsel or
another representative who is cleared for
access under this subparagraph may be afforded
access to relevant classified materials to the
extent consistent with the interests of
national security.
``(5) Access to documents and employees.--
``(A) Affording access to members of panel.--The
Security Executive Agent shall afford access to
classified information to the members of the panel
established under paragraph (1)(A) as the Security
Executive Agent determines--
``(i) necessary for the panel to review a
decision described in such paragraph; and
``(ii) consistent with the interests of
national security.
``(B) Agency compliance with requests of panel.--
Each head of an agency shall comply with each request
by the panel for a document and each request by the
panel for access to employees of the agency necessary
for the review of an appeal under this subsection, to
the degree that doing so is, as determined by the head
of the agency and permitted by applicable provisions of
law, consistent with the interests of national
security.
``(6) Publication of decisions.--
``(A) In general.--For each final decision on an
appeal under this subsection, the head of the agency
with respect to which the appeal pertains and the
Security Executive Agent shall each publish the
decision, consistent with the interests of national
security.
``(B) Requirements.--In order to ensure
transparency, oversight by Congress, and meaningful
information for those who need to understand how the
clearance process works, each publication under
subparagraph (A) shall be--
``(i) made in a manner that is consistent
with section 552 of title 5, United States
Code, as amended by the Electronic Freedom of
Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of
the case, redacting personally identifiable
information and sensitive program information;
and
``(iii) made available on a website that is
searchable by members of the public.
``(d) Period of Time for the Right to Appeal.--
``(1) In general.--Except as provided in paragraph (2), any
covered person who has been the subject of a decision made by
the head of an agency to deny or revoke eligibility for access
to classified information shall retain all rights to appeal
under this section until the conclusion of the appeals process
under this section.
``(2) Waiver of rights.--
``(A) Persons.--Any covered person may voluntarily
waive the covered person's right to appeal under this
section and such waiver shall be conclusive.
``(B) Agencies.--The head of an agency may not
require a covered person to waive the covered person's
right to appeal under this section for any reason.
``(e) Waiver of Availability of Procedures for National Security
Interest.--
``(1) In general.--If the head of an agency determines that
a procedure established under subsection (b) cannot be made
available to a covered person in an exceptional case without
damaging a national security interest of the United States by
revealing classified information, such procedure shall not be
made available to such covered person.
``(2) Finality.--A determination under paragraph (1) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(3) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which
the head of an agency determines under
paragraph (1) that a procedure established
under subsection (b) cannot be made available
to a covered person, the agency head shall, not
later than 30 days after the date on which the
agency head makes such determination, submit to
the Security Executive Agent and to the
congressional intelligence committees a report
stating the reasons for the determination.
``(ii) Form.--A report submitted under
clause (i) may be submitted in classified form
as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than
once each fiscal year, the Security Executive
Agent shall submit to the congressional
intelligence committees a report on the
determinations made under paragraph (1) during
the previous fiscal year.
``(ii) Contents.--Each report submitted
under clause (i) shall include, for the period
covered by the report, the following:
``(I) The number of cases and
reasons for determinations made under
paragraph (1), disaggregated by agency.
``(II) Such other matters as the
Security Executive Agent considers
appropriate.
``(f) Denials and Revocations Under Other Provisions of Law.--
``(1) Rule of construction.--Nothing in this section shall
be construed to limit or affect the responsibility and power of
the head of an agency to deny or revoke eligibility for access
to classified information or to deny reciprocity of clearance
in the interest of national security.
``(2) Denials and revocation.--The power and responsibility
to deny or revoke eligibility for access to classified
information or to deny reciprocity of clearance pursuant to any
other provision of law or Executive order may be exercised only
when the head of an agency determines that an applicable
process established under this section cannot be invoked in a
manner that is consistent with national security.
``(3) Finality.--A determination under paragraph (2) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(4) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which
the head of an agency determines under
paragraph (2) that a determination relating to
a denial or revocation of eligibility for
access to classified information or denial of
reciprocity of clearance could not be made
pursuant to a process established under this
section, the agency head shall, not later than
30 days after the date on which the agency head
makes such a determination under paragraph (2),
submit to the Security Executive Agent and to
the congressional intelligence committees a
report stating the reasons for the
determination.
``(ii) Form.--A report submitted under
clause (i) may be submitted in classified form
as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than
once each fiscal year, the Security Executive
Agent shall submit to the congressional
intelligence committees a report on the
determinations made under paragraph (2) during
the previous fiscal year.
``(ii) Contents.--Each report submitted
under clause (i) shall include, for the period
covered by the report, the following:
``(I) The number of cases and
reasons for determinations made under
paragraph (2), disaggregated by agency.
``(II) Such other matters as the
Security Executive Agent considers
appropriate.
``(g) Relationship to Suitability.--No person may use a
determination of suitability under part 731 of title 5, Code of Federal
Regulations, or successor regulation, for the purpose of denying a
covered person the review proceedings of this section where there has
been a denial or revocation of eligibility for access to classified
information or a denial of reciprocity of clearance.
``(h) Preservation of Roles and Responsibilities Under Executive
Order 10865 and of the Defense Office of Hearings and Appeals.--Nothing
in this section shall be construed to diminish or otherwise affect the
procedures in effect on the day before the date of the enactment of
this Act for denial and revocation procedures provided to individuals
by Executive Order 10865 (50 U.S.C. 3161 note; relating to safeguarding
classified information within industry), or successor order, including
those administered through the Defense Office of Hearings and Appeals
of the Department of Defense under Department of Defense Directive
5220.6, or successor directive.
``(i) Rule of Construction Relating to Certain Other Provisions of
Law.--This section and the processes and procedures established under
this section shall not be construed to apply to paragraphs (6) and (7)
of section 3001(j) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of 1947
(50 U.S.C. 3002), as amended by subsection (c), is further
amended by inserting after the item relating to section 801A
the following:
``Sec. 801B. Right to appeal.''.
SEC. 402. ESTABLISHING PROCESS PARITY FOR SECURITY CLEARANCE
REVOCATIONS.
Subparagraph (C) of section 3001(j)(4) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)) is amended
to read as follows:
``(C) Burdens of proof.--
``(i) In general.--Subject to clause (iii),
in determining whether the adverse security
clearance or access determination violated
paragraph (1), the agency shall find that
paragraph (1) was violated if the individual
has demonstrated that a disclosure described in
paragraph (1) was a contributing factor in the
adverse security clearance or access
determination taken against the individual.
``(ii) Circumstantial evidence.--An
individual under clause (i) may demonstrate
that the disclosure was a contributing factor
in the adverse security clearance or access
determination taken against the individual
through circumstantial evidence, such as
evidence that--
``(I) the official making the
determination knew of the disclosure;
and
``(II) the determination occurred
within a period such that a reasonable
person could conclude that the
disclosure was a contributing factor in
the determination.
``(iii) Defense.--In determining whether
the adverse security clearance or access
determination violated paragraph (1), the
agency shall not find that paragraph (1) was
violated if, after a finding that a disclosure
was a contributing factor, the agency
demonstrates by clear and convincing evidence
that it would have made the same security
clearance or access determination in the
absence of such disclosure.''.
SEC. 403. FEDERAL POLICY ON SHARING OF DEROGATORY INFORMATION
PERTAINING TO CONTRACTOR EMPLOYEES IN THE TRUSTED
WORKFORCE.
(a) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Security Executive Agent, in coordination
with the principal members of the Performance Accountability Council
and the Attorney General, shall issue a policy for the Federal
Government on sharing of derogatory information pertaining to
contractor employees engaged by the Federal Government.
(b) Consent Requirement.--
(1) In general.--The policy issued under subsection (a)
shall require, as a condition of accepting a security clearance
with the Federal Government, that a contractor employee provide
prior written consent for the Federal Government to share
covered derogatory information with the chief security officer
of the contractor employer that employs the contractor
employee.
(2) Covered derogatory information.--For purposes of this
section, covered derogatory information--
(A) is information that--
(i) contravenes National Security
Adjudicative Guidelines as specified in
Security Executive Agent Directive 4 (10 C.F.R.
710 app. A), or any successor Federal policy;
(ii) a Federal Government agency certifies
is accurate and reliable;
(iii) is relevant to a contractor's ability
to protect against insider threats as required
by section 1-202 of the National Industrial
Security Program Operating Manual (NISPOM), or
successor manual; and
(iv) may have a bearing on the contractor
employee's suitability for a position of public
trust or to receive credentials to access
certain facilities of the Federal Government;
and
(B) shall include any negative information
considered in the adjudicative process, including
information provided by the contractor employee on
forms submitted for the processing of the contractor
employee's security clearance.
(c) Elements.--The policy issued under subsection (a) shall--
(1) require Federal agencies, except under exceptional
circumstances specified by the Security Executive Agent, to
share with the contractor employer of a contractor employee
engaged with the Federal Government the existence of
potentially derogatory information and which National Security
Adjudicative Guideline it falls under, with the exception that
the Security Executive Agent may waive such requirement in
circumstances the Security Executive Agent considers
extraordinary;
(2) require that covered derogatory information shared with
a contractor employer as described in subsection (b)(1) be used
by the contractor employer exclusively for risk mitigation
purposes under section 1-202 of the National Industrial
Security Program Operating Manual, or successor manual;
(3) require Federal agencies to share any mitigation
measures in place to address the derogatory information;
(4) establish standards for timeliness for sharing the
derogatory information;
(5) specify the methods by which covered derogatory
information will be shared with the contractor employer of the
contractor employee;
(6) allow the contractor employee, within a specified
timeframe, the right--
(A) to contest the accuracy and reliability of
covered derogatory information;
(B) to address or remedy any concerns raised by the
covered derogatory information; and
(C) to provide documentation pertinent to
subparagraph (A) or (B) for an agency to place in
relevant security clearance databases;
(7) establish a procedure by which the contractor employer
of the contractor employee may consult with the Federal
Government prior to taking any remedial action under section 1-
202 of the National Industrial Security Program Operating
Manual, or successor manual, to address the derogatory
information the Federal agency has provided;
(8) stipulate that the chief security officer of the
contractor employer is prohibited from sharing or discussing
covered derogatory information with other parties, including
nonsecurity professionals at the contractor employer; and
(9) require companies in the National Industrial Security
Program to comply with the policy.
(d) Consideration of Lessons Learned From Information-sharing
Program for Positions of Trust and Security Clearances.--In developing
the policy issued under subsection (a), the Director shall consider, to
the extent available, lessons learned from actions taken to carry out
section 6611(f) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92).
TITLE V--REPORTS AND OTHER MATTERS
SEC. 501. SECURE AND TRUSTED TECHNOLOGY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence of the
Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Commerce, Science, and
Transportation of the Senate;
(F) the Permanent Select Committee on Intelligence
of the House of Representatives;
(G) the Committee on Foreign Affairs of the House
of Representatives;
(H) the Committee on Homeland Security of the House
of Representatives;
(I) the Committee on Armed Services of the House of
Representatives; and
(J) the Committee on Energy and Commerce of the
House of Representatives.
(2) Fifth-generation wireless network.--The term ``fifth-
generation wireless network'' means a radio network as
described by the 3rd Generation Partnership Project (3GPP)
Release 15 or higher.
(b) Supporting the Development and Adoption of Secure and Trusted
Technologies Among Intelligence Allies and Partners.--
(1) Communications technology security and innovation
fund.--
(A) Establishment of fund.--
(i) In general.--There is established in
the Treasury of the United States a fund to be
known as the ``Communications Technology
Security and Innovation Fund'' (referred to in
this paragraph as the ``Security Fund'').
(ii) Administration.--The Director of the
Defense Advanced Research Projects Agency and
the Director of the Intelligence Advanced
Research Projects Activity shall jointly
administer the Security Fund.
(iii) Contents of fund.--
(I) In general.--The fund shall
consist of--
(aa) amounts appropriated
pursuant to the authorization
of appropriations under
paragraph (3)(A); and
(bb) such other amounts as
may be appropriated or
otherwise made available to the
Director of the Defense
Advanced Research Projects
Agency and the Director of the
Intelligence Advanced Research
Projects Activity to be
deposited in the Security Fund.
(II) Availability.--
(aa) In general.--Amounts
deposited in the Security Fund
shall remain available through
the end of the tenth fiscal
year beginning after the date
of the enactment of this Act.
(bb) Remainder to
treasury.--Any amounts
remaining in the Security Fund
after the end of the tenth
fiscal year beginning after the
date of the enactment of this
Act shall be deposited in the
general fund of the Treasury.
(iv) Use of amounts.--Amounts deposited in
the Security Fund shall be available to the
Director of the Defense Advanced Research
Projects Agency and the Director of the
Intelligence Advanced Research Projects
Activity to award grants under subparagraph
(B).
(B) Grants.--
(i) In general.--The Director of the
Defense Advanced Research Projects Agency and
the Director of the Intelligence Advanced
Research Projects Activity shall award grants
to support research and the commercial
application of such research, including in the
following areas:
(I) Promoting the development of
technology, including software,
hardware, and microprocessing
technology, that will enhance
competitiveness in fifth-generation
(commonly known as ``5G'') and
successor wireless technology supply
chains.
(II) Accelerating development and
deployment of open interface,
standards-based compatible
interoperable equipment, such as
equipment developed pursuant to the
standards set forth by organizations
such as the O-RAN Alliance, the Telecom
Infra Project, 3GPP, the O-RAN Software
Community, or any successor
organizations.
(III) Promoting compatibility of
new fifth-generation wireless network
equipment with future open standards-
based interoperable equipment.
(IV) Managing integration of
multivendor network environments.
(V) Objective criteria to define
equipment as compliant with open
standards for multivendor network
equipment interoperability.
(VI) Promoting development and
inclusion of security features
enhancing the integrity and
availability of equipment in
multivendor networks.
(VII) Promoting the application of
network function virtualization to
facilitate multivendor interoperability
and a more diverse vendor market.
(ii) Amount.--
(I) In general.--Subject to
subclause (II), a grant awarded under
clause (i) shall be in such amount as
the Director of the Defense Advanced
Research Projects Agency and the
Director of the Intelligence Advanced
Research Projects Activity consider
appropriate.
(II) Limitation on grant amounts.--
The amount of a grant awarded under
this paragraph to a recipient for a
specific research focus area may not
exceed $100,000,000.
(iii) Criteria.--The Director of the
Defense Advanced Research Projects Agency and
the Director of the Intelligence Advanced
Research Projects Activity, in consultation
with the Assistant Secretary of Commerce for
Communications and Information, the Director of
the National Institute of Standards and
Technology, and the Secretary of Homeland
Security, shall jointly establish criteria for
grants awarded under clause (i).
(iv) Timing.--Not later than 1 year after
the date of the enactment of this Act, the
Director of the Defense Advanced Research
Projects Agency and the Director of the
Intelligence Advanced Research Projects
Activity shall begin awarding grants under
clause (i).
(C) Federal advisory body.--
(i) Establishment.--The Director of the
Defense Advanced Research Projects Agency and
the Director of the Intelligence Advanced
Research Projects Activity shall establish a
Federal advisory committee, in accordance with
the Federal Advisory Committee Act (5 U.S.C.
App.), composed of government and private
sector experts, to advise the Director of the
Defense Advanced Research Projects Agency and
the Director of the Intelligence Advanced
Research Projects Activity on the
administration of the Security Fund.
(ii) Composition.--The advisory committee
established under clause (i) shall be composed
of--
(I) representatives from--
(aa) the Federal
Communications Commission;
(bb) the National Institute
of Standards and Technology;
(cc) the Department of
State;
(dd) the National Science
Foundation; and
(ee) the Department of
Homeland Security; and
(II) other representatives from the
private and public sectors, at the
discretion of the Security Fund.
(iii) Duties.--The advisory committee
established under clause (i) shall advise the
Director of the Defense Advanced Research
Projects Agency and the Director of the
Intelligence Advanced Research Projects
Activity on technology developments to help
inform--
(I) the strategic direction of the
Security Fund; and
(II) efforts of the Federal
Government to promote a more secure,
diverse, sustainable, and competitive
supply chain.
(D) Reports to congress.--
(i) Initial report.--Not later than 180
days after the date of the enactment of this
Act, the Director of the Defense Advanced
Research Projects Agency and the Director of
the Intelligence Advanced Research Projects
Activity shall jointly submit to the
appropriate committees of Congress a report
with--
(I) additional recommendations on
promoting the competitiveness and
sustainability of trusted suppliers in
the wireless supply chain; and
(II) any additional authorities
needed to facilitate the timely
adoption of open standards-based
equipment, including authority to
provide loans, loan guarantees, and
other forms of credit extension that
would maximize the use of designated
funds.
(ii) Annual report.--For each fiscal year
for which amounts in the Security Fund are
available under this paragraph, the Director of
the Defense Advanced Research Projects Agency
and the Director of the Intelligence Advanced
Research Projects Activity shall submit to
Congress a report that--
(I) describes how, and to whom,
grants have been awarded under
subparagraph (B);
(II) details the progress of the
Director of the Defense Advanced
Research Projects Agency and the
Director of the Intelligence Advanced
Research Projects Activity in meeting
the objectives described in
subparagraph (B)(i); and
(III) includes such other
information as the Director of the
Defense Advanced Research Projects
Agency and the Director of the
Intelligence Advanced Research Projects
Activity determine appropriate.
(2) Multilateral telecommunications security fund.--
(A) Establishment of fund.--
(i) In general.--There is established in
the Treasury of the United States a fund to be
known as the ``Multilateral Telecommunications
Security Fund'' (in this section referred to as
the ``Multilateral Fund'').
(ii) Administration.--The Director of
National Intelligence and the Secretary of
Defense shall jointly administer the
Multilateral Fund.
(iii) Use of amounts.--Amounts in the
Multilateral Fund shall be used to establish
the common funding mechanism required by
subparagraph (B).
(iv) Contents of fund.--
(I) In general.--The Multilateral
Fund shall consist of amounts
appropriated pursuant to the
authorization of appropriations under
paragraph (3)(B) and such other amounts
as may be appropriated or otherwise
made available to the Director and the
Secretary to be deposited in the
Multilateral Fund.
(II) Availability.--
(aa) In general.--Amounts
deposited in the Multilateral
Fund shall remain available
through fiscal year 2031.
(bb) Remainder to
treasury.--Any amounts
remaining in the Fund after
fiscal year 2031 shall be
deposited in the General Fund
of the Treasury.
(B) Multilateral common funding mechanism.--
(i) In general.--The Director and the
Secretary shall jointly, in coordination with
foreign partners, establish a common funding
mechanism that uses amounts from the
Multilateral Fund to support the development
and adoption of secure and trusted
telecommunications technologies in key markets
globally.
(ii) Consultation required.--The Director
and the Secretary shall carry out clause (i) in
consultation with the following:
(I) The Federal Communications
Commission.
(II) The Secretary of State.
(III) The Assistant Secretary of
Commerce for Communications and
Information.
(IV) The Director of the Defense
Advanced Research Projects Agency.
(V) The Director of the
Intelligence Advanced Research Projects
Activity.
(VI) The Under Secretary of
Commerce for Standards and Technology.
(C) Annual report to congress.--
(i) In general.--Not later than 1 year
after the date of the enactment of this Act and
not less frequently than once each fiscal year
thereafter until fiscal year 2031, the Director
and the Secretary shall jointly submit to the
appropriate committees of Congress an annual
report on the Multilateral Fund and the use of
amounts under subparagraph (B).
(ii) Contents.--Each report submitted under
clause (i) shall include, for the fiscal year
covered by the report, the following:
(I) Any funding commitments from
foreign partners, including each
specific amount committed.
(II) Governing criteria for use of
the amounts in the Multilateral Fund.
(III) An account of--
(aa) how, and to whom,
funds have been deployed;
(bb) amounts remaining in
the Multilateral Fund; and
(cc) the progress of the
Director and the Secretary in
meeting the objective described
in subparagraph (B)(i).
(IV) Such recommendations for
legislative or administrative action as
the Director and the Secretary may have
to enhance the effectiveness of the
Multilateral Fund in achieving the
security goals of the United States.
(3) Authorization of appropriations.--
(A) Communications technology security and
innovation fund.--There is authorized to be
appropriated to carry out paragraph (1) $750,000,000
for the period of fiscal years 2021 through 2031.
(B) Multilateral telecommunications security
fund.--There is authorized to be appropriated to carry
out paragraph (2) $750,000,000 for the period of fiscal
years 2021 through 2031.
(c) Exposing Political Pressure in International Standards-setting
Bodies That Set Standards for Fifth-generation Wireless Networks.--
(1) Report required.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, the Director of
National Intelligence shall submit to the appropriate
committees of Congress a report on political pressure
within international forums that set standards for
fifth-generation wireless networks and for future
generations of wireless networks, including--
(i) the International Telecommunication
Union (ITU);
(ii) the International Organization for
Standardization (ISO);
(iii) the Inter-American Telecommunication
Commission (CITEL); and
(iv) the voluntary standards organizations
that develop protocols for wireless devices and
other equipment, such as the 3rd Generation
Partnership Project (3GPP) and the Institute of
Electrical and Electronics Engineers (IEEE).
(B) Form.--The report submitted under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
(2) Consultation required.--The Director and the Secretary
shall carry out paragraph (1) in consultation with the
following:
(A) The Federal Communications Commission.
(B) The Secretary of State.
(C) The Assistant Secretary of Commerce for
Communications and Information.
(D) The Director of the Defense Advanced Research
Projects Agency.
(E) The Director of the Intelligence Advanced
Research Projects Activity.
(F) The Under Secretary of Commerce for Standards
and Technology.
(d) Expanding Fifth-generation Wireless Network Testbeds to
Increase Supplier Diversity and Security Using Open-architecture
Standards.--
(1) Report required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence and the Secretary of Defense shall jointly submit
to the appropriate committees of Congress a report on
developing fifth-generation wireless network testbeds for
development of military and dual-use applications that use open
interface, standards-based compatible interoperable equipment,
such as equipment developed pursuant to the standards set forth
by organizations such as the O-RAN Alliance, the Telecom Infra
Project, the 3rd Generation Partnership Project (3GPP), the O-
RAN Software Community, or any successor organizations.
(2) Foreign efforts.--The report submitted under paragraph
(1) shall include information about ongoing efforts by China
and the United Kingdom to build similar testbeds for
virtualized telecommunications technologies.
SEC. 502. REPORT ON ATTEMPTS BY FOREIGN ADVERSARIES TO BUILD
TELECOMMUNICATIONS AND CYBERSECURITY EQUIPMENT AND
SERVICES FOR, OR TO PROVIDE SUCH EQUIPMENT AND SERVICES
TO, CERTAIN ALLIES OF THE UNITED STATES.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) Five eyes country.--The term ``Five Eyes country''
means any of the following:
(A) Australia.
(B) Canada.
(C) New Zealand.
(D) The United Kingdom.
(E) The United States.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency,
the Director of the National Security Agency, and the Director of the
Defense Intelligence Agency shall jointly submit to the appropriate
committees of Congress a report on attempts by foreign adversaries to
build telecommunications and cybersecurity equipment and services for,
or to provide such equipment and services to, Five Eyes countries.
(c) Elements.--The report submitted under subsection (b) shall
include the following:
(1) An assessment of United States intelligence sharing and
intelligence and military force posture in any Five Eyes
country that currently uses or intends to use
telecommunications or cybersecurity equipment or services
provided by a foreign adversary of the United States, including
China and Russia.
(2) A description and assessment of mitigation of any
potential compromises or risks for any circumstance described
in paragraph (1).
(d) Form.--The report required by subsection (b) shall include an
unclassified executive summary, and may include a classified annex.
SEC. 503. REPORT ON THREATS POSED BY USE BY FOREIGN GOVERNMENTS AND
ENTITIES OF COMMERCIALLY AVAILABLE CYBER INTRUSION AND
SURVEILLANCE TECHNOLOGY.
(a) Report Required.--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 a report on the
threats posed by the use by foreign governments and entities of
commercially available cyber intrusion and other surveillance
technology.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) Matters relating to threats described in subsection (a)
as they pertain to the following:
(A) The threat posed to United States persons and
persons inside the United States.
(B) The threat posed to United States personnel
overseas.
(C) The threat posed to employees of the Federal
Government, including through both official and
personal accounts and devices.
(2) A description of which foreign governments and entities
pose the greatest threats from the use of technology described
in subsection (a) and the nature of those threats.
(3) An assessment of the source of the commercially
available cyber intrusion and other surveillance technology
that poses the threats described in subsection (a), including
whether such technology is made by United States companies or
companies in the United States or by foreign companies.
(4) An assessment of actions taken, as of the date of the
enactment of this Act, by the Federal Government and foreign
governments to limit the export of technology described in
subsection (a) from the United States or foreign countries to
foreign governments and entities in ways that pose the threats
described in such subsection.
(5) Matters relating to how the Federal Government,
Congress, and foreign governments can most effectively mitigate
the threats described in subsection (a), including matters
relating to the following:
(A) Working with the technology and
telecommunications industry to identify and improve the
security of consumer software and hardware used by
United States persons and persons inside the United
States that is targeted by commercial cyber intrusion
and surveillance software.
(B) Export controls.
(C) Diplomatic pressure.
(D) Trade agreements.
(c) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 504. REPORTS ON RECOMMENDATIONS OF THE CYBERSPACE SOLARIUM
COMMISSION.
(a) Findings.--Congress makes the following findings:
(1) The report issued by the Cyberspace Solarium Commission
under section 1652(k) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
an important contribution toward better defending the United
States against cyber attacks of catastrophic consequence.
(2) The recommendations in such report provide potentially
important opportunities for the private and public sectors to
implement critical changes that could harden United States
defenses against cyber attacks.
(b) Reports Required.--Not later than 180 days after the date of
the enactment of this Act, each head of an agency described in
subsection (c) shall submit to Congress a report on the recommendations
included in the report issued by the Cyberspace Solarium Commission
under section 1652(k) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232).
(c) Agencies Described.--The agencies described in this subsection
are the following:
(1) The Office of the Director of National Intelligence.
(2) The Department of Homeland Security.
(3) The Department of Energy.
(4) The Department of Commerce.
(5) The Department of Defense.
(d) Contents.--Each report submitted under subsection (b) by the
head of an agency described in subsection (c) shall include the
following:
(1) An evaluation of the recommendations in the report
described in subsection (b) that pertain to the agency.
(2) A description of the actions taken, or the actions that
the head of the agency expects to take, to implement any of the
recommendations included in such report.
(e) Actions Through Officers.--
(1) Under secretary of homeland security for intelligence
and analysis.--In submitting a report under subsection (b), the
Secretary of Homeland Security shall do so by acting through
the Under Secretary of Homeland Security for Intelligence and
Analysis.
(2) Director of intelligence and counterintelligence of
department of energy.--In submitting a report under subsection
(b), the Secretary of Energy shall do so by acting through the
Director of Intelligence and Counterintelligence of the
Department of Energy.
SEC. 505. ASSESSMENT OF CRITICAL TECHNOLOGY TRENDS RELATING TO
ARTIFICIAL INTELLIGENCE, MICROCHIPS, AND SEMICONDUCTORS
AND RELATED SUPPLY CHAINS.
(a) Assessment Required.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence shall
complete a detailed assessment of critical technology trends relating
to artificial intelligence, microchips, and semiconductors and related
supply chains.
(b) Elements.--The assessment required by subsection (a) shall
include the following:
(1) Export controls.--
(A) In general.--An assessment of efforts by
partner countries to enact and implement export
controls and other technology transfer measures with
respect to artificial intelligence, microchips,
advanced manufacturing equipment, and other artificial
intelligence enabled technologies critical to United
States supply chains.
(B) Identification of opportunities for
cooperation.--The assessment under subparagraph (A)
shall identify opportunities for further cooperation
with international partners on a multilateral and
bilateral basis to strengthen export control regimes
and address technology transfer threats.
(2) Semiconductor supply chains.--
(A) In general.--An assessment of global
semiconductor supply chains, including areas to reduce
United States vulnerabilities and maximize points of
leverage.
(B) Analysis of potential effects.--The assessment
under subparagraph (A) shall include an analysis of the
potential effects of significant geopolitical shifts,
including those related to Taiwan.
(C) Identification of opportunities for
diversification.--The assessment under subparagraph (A)
shall also identify opportunities for diversification
of United States supply chains, including an assessment
of cost, challenges, and opportunities to diversify
manufacturing capabilities on a multinational basis.
(3) Computing power.--An assessment of trends relating to
computing power and the effect of such trends on global
artificial intelligence development and implementation, in
consultation with the Director of the Intelligence Advanced
Research Projects Activity, the Director of the Defense
Advanced Research Projects Agency, and the Director of the
National Institute of Standards and Technology, including
forward-looking assessments of how computing resources may
affect United States national security, innovation, and
implementation relating to artificial intelligence.
(c) Report.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on
Foreign Relations of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Armed Services, the Committee on
Financial Services, and the Committee on Foreign
Affairs of the House of Representatives.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
appropriate committees of Congress a report on the findings of
the Director with respect to the assessment completed under
subsection (a).
(3) Form.--The report submitted under paragraph (2) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 506. DUTY TO REPORT COUTERINTELLIGENCE THREATS TO CAMPAIGNS.
(a) 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.--Not later than 1 week after a
reportable foreign contact, each authorized committee of a
candidate for President shall notify the Federal Bureau of
Investigation of the reportable foreign contact and provide a
summary of the circumstances with respect to such reportable
foreign contact.
``(2) Individual obligation.--Not later than 1 week after a
reportable foreign contact--
``(A) each candidate for the office of President
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 an
authorized committee of a candidate for the office of
President shall notify the treasurer or other
designated official of the authorized 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 for the office of
President, an authorized committee of
such a candidate, or any official,
employee, or agent of such authorized
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) 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) Exception.--Such term 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.
``(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) Clarification regarding volunteers.--For purposes of
paragraphs (2)(B) and (3)(A)(i)(I), an unpaid volunteer shall
not be treated as an official, employee, or agent of an
authorized committee unless such unpaid volunteer has a
significant supervisory role or provides advice or input to the
candidate or to senior officials of the authorized
committee.''.
(b) Federal Campaign Foreign Contact Reporting Compliance System.--
Section 302(e) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30102(e)) is amended by adding at the end the following new paragraph:
``(6) Reportable foreign contacts compliance policy.--
``(A) Reporting.--Each authorized committee of a
candidate for the office of President 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 1 week after such
contact was made.
``(B) Retention and preservation of records.--Each
authorized committee of a candidate for the office of
President 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.
``(C) Certification.--Upon designation of a
political committee as an authorized committee by a
candidate for the office of President, and with each
report filed by such committee under section 304(a),
the candidate shall certify that--
``(i) the committee has in place policies
that meet the requirements of subparagraphs (A)
and (B);
``(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.''.
(c) 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 section 304(j) or section
302(e)(6) shall be fined under title 18, United States
Code, imprisoned for not more than 3 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 under title 18, United States
Code, imprisoned for not more than 3 years, or both.''.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed--
(1) to impede legitimate journalistic activities; or
(2) to impose any additional limitation on the right of any
individual who 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) and who 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)) to express political views or to participate in
public discourse.
SEC. 507. COMBATING CHINESE INFLUENCE OPERATIONS IN THE UNITED STATES
AND STRENGTHENING CIVIL LIBERTIES PROTECTIONS.
(a) Updates to Annual Reports on Influence Operations and Campaigns
in the United States by the Chinese Communist Party.--Section 1107(b)
of the National Security Act of 1947 (50 U.S.C. 3237(b)) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following:
``(8) An identification of influence activities and
operations employed by the Chinese Communist Party against the
United States science and technology sectors, specifically
employees of the United States Government, researchers,
scientists, and students in the science and technology sector
in the United States.''.
(b) Plan for Federal Bureau of Investigation to Increase Public
Awareness and Detection of Influence Activities by the Government of
the People's Republic of China.--
(1) Plan required.--Not later than 90 days after the date
of the enactment of this Act, the Director of the Federal
Bureau of Investigation shall submit to the congressional
intelligence committees a plan--
(A) to increase public awareness of influence
activities by the Government of the People's Republic
of China; and
(B) to publicize mechanisms that members of the
public can use--
(i) to detect such activities; and
(ii) to report such activities to the
Bureau.
(2) Consultation.--In carrying out paragraph (1), the
Director shall consult with the following:
(A) The Director of the Office of Science and
Technology Policy.
(B) Such other stakeholders outside the
intelligence community, including professional
associations, institutions of higher education,
businesses, and civil rights and multicultural
organizations, as the Director determines relevant.
(c) Recommendations of the Federal Bureau of Investigation to
Strengthen Relationships and Build Trust With Communities of
Interest.--
(1) In general.--The Director of the Federal Bureau of
Investigation, in consultation with the Assistant Attorney
General for the Civil Rights Division and the Chief Privacy and
Civil Liberties Officer of the Department of Justice, shall
develop recommendations to strengthen relationships with
communities targeted by influence activities of the Government
of the People's Republic of China and build trust with such
communities through local and regional grassroots outreach.
(2) Submittal to congress.--Not later than 1 year after the
date of the enactment of this Act, the Director shall submit to
Congress the recommendations developed under paragraph (1).
(d) Technical Corrections.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended--
(1) in section 1107 (50 U.S.C. 3237)--
(A) in the section heading, by striking ``communist
party of china'' and inserting ``chinese communist
party''; and
(B) by striking ``Communist Party of China'' both
places it appears and inserting ``Chinese Communist
Party''; and
(2) in the table of contents before section 2 (50 U.S.C.
3002), by striking the item relating to section 1107 and
inserting the following new item:
``Sec. 1107. Annual reports on influence operations and campaigns in
the United States by the Chinese Communist
Party.''.
SEC. 508. ANNUAL REPORT ON CORRUPT ACTIVITIES OF SENIOR OFFICIALS OF
THE CHINESE COMMUNIST PARTY.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Finance, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Ways and Means, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(b) Annual Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter through
2025, the Director of the Central Intelligence Agency shall
submit to the appropriate committees of Congress a report on
the corruption and corrupt activities of senior officials of
the Chinese Communist Party.
(2) Elements.--
(A) In general.--Each report under paragraph (1)
shall include the following:
(i) A description of the wealth of, and
corruption and corrupt activities among, senior
officials of the Chinese Communist Party.
(ii) A description of any recent actions of
the officials described in clause (i) that
could be considered a violation, or potential
violation, of United States law.
(iii) A description and assessment of
targeted financial measures, including
potential targets for designation of the
officials described in clause (i) for the
corruption and corrupt activities described in
that clause and for the actions described in
clause (ii).
(B) Scope of reports.--The first report under
paragraph (1) shall include comprehensive information
on the matters described in subparagraph (A). Any
succeeding report under paragraph (1) may consist of an
update or supplement to the preceding report under that
subsection.
(3) Coordination.--In preparing each report, update, or
supplement under this subsection, the Director of the Central
Intelligence Agency shall coordinate as follows:
(A) In preparing the description required by clause
(i) of paragraph (2)(A), the Director of the Central
Intelligence Agency shall coordinate with the head of
the Office of Intelligence and Analysis of the
Department of the Treasury and the Director of the
Federal Bureau of Investigation.
(B) In preparing the descriptions required by
clauses (ii) and (iii) of such paragraph, the Director
of the Central Intelligence Agency shall coordinate
with the head of the Office of Intelligence and
Analysis of the Department of the Treasury.
(4) Form.--Each report under paragraph (1) shall include an
unclassified executive summary, and may include a classified
annex.
(c) Sense of Congress.--It is the sense of Congress that the United
States should undertake every effort and pursue every opportunity to
expose the corruption and illicit practices of senior officials of the
Chinese Communist Party, including President Xi Jinping.
SEC. 509. REPORT ON CORRUPT ACTIVITIES OF RUSSIAN AND OTHER EASTERN
EUROPEAN OLIGARCHS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Finance, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Ways and Means, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(b) Report Required.--Not later than 100 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall submit to the appropriate committees of Congress and the
Undersecretary of State for Public Diplomacy and Public Affairs a
report on the corruption and corrupt activities of Russian and other
Eastern European oligarchs.
(c) Elements.--
(1) In general.--Each report under subsection (b) shall
include the following:
(A) A description of corruption and corrupt
activities among Russian and other Eastern European
oligarchs who support the Government of the Russian
Federation, including estimates of the total assets of
such oligarchs.
(B) An assessment of the impact of the corruption
and corrupt activities described pursuant to
subparagraph (A) on the economy and citizens of Russia.
(C) A description of any connections to, or support
of, organized crime, drug smuggling, or human
trafficking by an oligarch covered by subparagraph (A).
(D) A description of any information that reveals
corruption and corrupt activities in Russia among
oligarchs covered by subparagraph (A).
(E) A description and assessment of potential
sanctions actions that could be imposed upon oligarchs
covered by subparagraph (A) who support the leadership
of the Government of Russia, including President
Vladimir Putin.
(2) Scope of reports.--The first report under subsection
(a) shall include comprehensive information on the matters
described in paragraph (1). Any succeeding report under
subsection (a) may consist of an update or supplement to the
preceding report under that subsection.
(d) Coordination.--In preparing each report, update, or supplement
under this section, the Director of the Central Intelligence Agency
shall coordinate as follows:
(1) In preparing the assessment and descriptions required
by subparagraphs (A) through (D) of subsection (c)(1), the
Director of the Central Intelligence Agency shall coordinate
with the head of the Office of Intelligence and Analysis of the
Department of the Treasury and the Director of the Federal
Bureau of Investigation.
(2) In preparing the description and assessment required by
subparagraph (E) of such subsection, the Director of the
Central Intelligence Agency shall coordinate with the head of
the Office of Intelligence and Analysis of the Department of
the Treasury.
(e) Form.--
(1) In general.--Subject to paragraph (2), each report
under subsection (b) shall include an unclassified executive
summary, and may include a classified annex.
(2) Unclassified form of certain information.--The
information described in subsection (c)(1)(D) in each report
under subsection (b) shall be submitted in unclassified form.
SEC. 510. REPORT ON BIOSECURITY RISK AND DISINFORMATION BY THE CHINESE
COMMUNIST PARTY AND THE GOVERNMENT OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Armed Services, the Committee on Foreign
Relations, the Committee on Health, Education, Labor,
and Pensions, and the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Foreign Affairs,
and the Committee on Homeland Security of the House of
Representatives.
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report identifying
whether and how officials of the Chinese Communist Party and the
Government of the People's Republic of China may have sought--
(1) to suppress information about--
(A) the outbreak of the novel coronavirus in Wuhan;
(B) the spread of the virus through China; and
(C) the transmission of the virus to other
countries;
(2) to spread disinformation relating to the pandemic; or
(3) to exploit the pandemic to advance their national
security interests.
(c) Assessments.--The report required by subsection (b) shall
include assessments of reported actions and the effect of those actions
on efforts to contain the novel coronavirus pandemic, including each of
the following:
(1) The origins of the novel coronavirus outbreak, the time
and location of initial infections, and the mode and speed of
early viral spread.
(2) Actions taken by the Government of China to suppress,
conceal, or misinform the people of China and those of other
countries about the novel coronavirus outbreak in Wuhan.
(3) The effect of disinformation or the failure of the
Government of China to fully disclose details of the outbreak
on response efforts of local governments in China and other
countries.
(4) Diplomatic, political, economic, intelligence, or other
pressure on other countries and international organizations to
conceal information about the spread of the novel coronavirus
and the response of the Government of China to the contagion,
as well as to influence or coerce early responses to the
pandemic by other countries.
(5) Efforts by officials of the Government of China to deny
access to health experts and international health organizations
to afflicted individuals in Wuhan, pertinent areas of the city,
or laboratories of interest in China, including the Wuhan
Institute of Virology.
(6) Efforts by the Government of China, or those acting at
its direction or with its assistance, to conduct cyber
operations against international, national, or private health
organizations conducting research relating to the novel
coronavirus or operating in response to the pandemic.
(7) Efforts to control, restrict, or manipulate relevant
segments of global supply chains, particularly in the sale,
trade, or provision of relevant medicines, medical supplies, or
medical equipment as a result of the pandemic.
(8) Efforts to advance the economic, intelligence, national
security, and political objectives of the Government of China
by exploiting vulnerabilities of foreign governments,
economies, and companies under financial duress as a result of
the pandemic or to accelerate economic espionage and
intellectual property theft.
(9) Efforts to exploit the disruption of the pharmaceutical
and telecommunications industries as well as other industries
tied to critical infrastructure and bilateral trade between
China and the United States and between China and allies and
partners of the United States in order to advance the economic
and political objectives of the Government of China following
the pandemic.
(d) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 511. REPORT ON EFFECT OF LIFTING OF UNITED NATIONS ARMS EMBARGO ON
ISLAMIC REPUBLIC OF IRAN.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Select Committee on Intelligence, the Committee on
Armed Services, and the Committee on Foreign Relations of the
Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on Foreign
Affairs of the House of Representatives.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Defense Intelligence Agency,
in consultation with such heads of other elements of the intelligence
community as the Director considers appropriate, shall submit to the
appropriate committees of Congress a report on--
(1) the plans of the Government of the Islamic Republic of
Iran to acquire military arms if the ban on arms transfers to
or from such government under United Nations Security Council
resolutions are lifted; and
(2) the effect such arms acquisitions may have on regional
security and stability.
(c) Contents.--The report submitted under subsection (b) shall
include assessments relating to plans of the Government of the Islamic
Republic of Iran to acquire additional weapons, the intention of other
countries to provide such weapons, and the effect such acquisition and
provision would have on regional stability, including with respect to
each of the following:
(1) The type and quantity of weapon systems under
consideration for acquisition.
(2) The countries of origin of such systems.
(3) Likely reactions of other countries in the region to
such acquisition, including the potential for proliferation by
other countries in response.
(4) The threat that such acquisition could present to
international commerce and energy supplies in the region, and
the potential implications for the national security of the
United States.
(5) The threat that such acquisition could present to the
Armed Forces of the United States, of countries allied with the
United States, and of countries partnered with the United
States stationed in or deployed in the region.
(6) The potential that such acquisition could be used to
deliver chemical, biological, or nuclear weapons.
(7) The potential for the Government of the Islamic
Republic of Iran to proliferate weapons acquired in the absence
of an arms embargo to regional groups, including Shi'a militia
groups backed by such government.
(d) Form.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 512. REPORT ON IRANIAN ACTIVITIES RELATING TO NUCLEAR
NONPROLIFERATION.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Select Committee on Intelligence, the Committee on
Armed Services, and the Committee on Foreign Relations of the
Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on Foreign
Affairs of the House of Representatives.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report assessing--
(1) any relevant activities potentially relating to nuclear
weapons research and development by the Islamic Republic of
Iran; and
(2) any relevant efforts to afford or deny international
access in accordance with international nonproliferation
agreements.
(c) Assessments.--The report required by subsection (b) shall
include assessments, for the period beginning on January 1, 2018, and
ending on the date of the submittal of the report, of the following:
(1) Activities to research, develop, or enrich uranium or
reprocess plutonium with the intent or capability of creating
weapons-grade nuclear material.
(2) Research, development, testing, or design activities
that could contribute to or inform construction of a device
intended to initiate or capable of initiating a nuclear
explosion.
(3) Efforts to receive, transmit, store, destroy, relocate,
archive, or otherwise preserve research, processes, products,
or enabling materials relevant or relating to any efforts
assessed under paragraph (1) or (2).
(4) Efforts to afford or deny international access, in
accordance with international nonproliferation agreements, to
locations, individuals, and materials relating to activities
described in paragraph (1), (2), or (3).
(d) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 513. SENSE OF CONGRESS ON THIRD OPTION FOUNDATION.
It is the sense of the Congress that--
(1) 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;
and
(2) the Director of the Central Intelligence Agency should
work closely with the Third Option Foundation in implementing
section 19A of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3519b), as added by section 6412 of the Damon Paul
Nelson and Matthew Young Pollard Intelligence Authorization Act
for Fiscal Years 2018, 2019, and 2020 (Public Law 116-92).
Calendar No. 477
116th CONGRESS
2d Session
S. 3905
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2021 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
_______________________________________________________________________
June 8, 2020
Read twice and placed on the calendar
