Combatting Foreign Influence Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2493 To establish the Malign Foreign Influence Response Center in the Office of the Director of National Intelligence, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 17, 2019 Ms. KLOBUCHAR (for herself and Mr. REED) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence A BILL To establish the Malign Foreign Influence Response Center in the Office of the Director of National Intelligence, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Combatting Foreign 4 Influence Act of 2019’’. 5 SEC. 2. FINDINGS; SENSE OF CONGRESS. 6 (a) FINDINGS.—Congress makes the following find- 7 ings: 8 VerDate Sep 11 2014 20:55 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2493.IS S2493 kjohnson on DSK79L0C42 with BILLS 2 •S 2493 IS (1) Foreign powers and agents are increasingly 1 targeting the United States with malign foreign in- 2 fluence operations and campaigns. 3 (2) In 2016, Kremlin and Kremlin-linked actors 4 interfered in the presidential election and in re- 5 sponse the intelligence community, including the Di- 6 rector of National Intelligence in the 2019 World 7 Wide Threat Assessment, has repeatedly warned 8 that such malign foreign influence operations and 9 campaigns pose a growing threat to the national se- 10 curity of the United States. 11 (b) SENSE OF CONGRESS.—It is the sense of Con- 12 gress that— 13 (1) the operations of the Malign Foreign Influ- 14 ence Response Center should be integrated with ex- 15 isting task forces at individual agencies that have 16 mandates and resources which are limited by their 17 particular mission and budget in order to have an 18 effective whole of government approach to coun- 19 tering malign foreign influence operations and cam- 20 paigns; 21 (2) the intelligence community and Congress 22 should work together to resolve existing legal limita- 23 tions on elements of the intelligence community to 24 VerDate Sep 11 2014 20:55 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2493.IS S2493 kjohnson on DSK79L0C42 with BILLS 3 •S 2493 IS monitor malign foreign influence operations and 1 campaigns; 2 (3) the intelligence community and Congress 3 should ensure that appropriate legal authorities are 4 in place to protect the privacy and civil liberties of 5 citizens of the United States; and 6 (4) lessons learned from post-9/11 counterter- 7 rorism experiences should be applied to countering 8 threats from malign foreign influence operations and 9 campaigns. 10 SEC. 3. MALIGN FOREIGN INFLUENCE RESPONSE CENTER. 11 (a) ESTABLISHMENT.—The National Security Act of 12 1947 (50 U.S.C. 3001 et seq.) is amended by inserting 13 after section 119B the following new section: 14 ‘‘SEC. 119C. MALIGN FOREIGN INFLUENCE RESPONSE CEN- 15 TER. 16 ‘‘(a) DEFINITIONS.—In this section: 17 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- 18 TEES.—The term ‘appropriate congressional com- 19 mittees’ means— 20 ‘‘(A) the congressional intelligence commit- 21 tees; 22 ‘‘(B) the Committee on Foreign Relations, 23 the Committee on Armed Services, and the 24 VerDate Sep 11 2014 20:55 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2493.IS S2493 kjohnson on DSK79L0C42 with BILLS 4 •S 2493 IS Committee on Rules and Administration of the 1 Senate; and 2 ‘‘(C) the Committee on Foreign Affairs, 3 the Committee on Armed Services, and the 4 Committee on House Administration of the 5 House of Representatives. 6 ‘‘(2) MALIGN FOREIGN INFLUENCE OPER- 7 ATIONS AND CAMPAIGNS.—The term ‘malign foreign 8 influence operations and campaigns’ means the co- 9 ordinated direct or indirect application of national 10 diplomatic, informational, military, economic, busi- 11 ness, corruption, educational, and other capability by 12 hostile foreign powers to affect attitudes, behaviors, 13 decisions, or outcomes within the United States. 14 ‘‘(b) ESTABLISHMENT.—There is within the Office of 15 the Director of National Intelligence a Malign Foreign In- 16 fluence Response Center (in this section referred to as the 17 ‘Center’). 18 ‘‘(c) MISSIONS.— 19 ‘‘(1) IN GENERAL.—The primary missions of 20 the Center shall be as follows: 21 ‘‘(A) To serve as the primary organization 22 in the United States Government for analyzing 23 and integrating all intelligence possessed or ac- 24 quired by the United States Government per- 25 VerDate Sep 11 2014 20:55 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2493.IS S2493 kjohnson on DSK79L0C42 with BILLS 5 •S 2493 IS taining to malign foreign influence operations 1 and campaigns. 2 ‘‘(B) To synchronize the efforts of the in- 3 telligence community with respect to countering 4 malign foreign influence operations and cam- 5 paigns to undermine the national security, polit- 6 ical sovereignty, and economies of the United 7 States and the allies of the United States, in- 8 cluding by— 9 ‘‘(i) ensuring that each such element 10 is aware of and coordinating on such ef- 11 forts; and 12 ‘‘(ii) overseeing the development and 13 implementation of comprehensive and inte- 14 grated policy responses to such efforts. 15 ‘‘(C) In coordination with the relevant ele- 16 ments of the Department of State, the Depart- 17 ment of Defense, the Federal Bureau of Inves- 18 tigation, the intelligence community, and other 19 departments and agencies of the United 20 States— 21 ‘‘(i) to develop, in consultation with 22 the employee of the National Security 23 Council designated under section 24 101(g)(1), policy recommendations for the 25 VerDate Sep 11 2014 20:55 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2493.IS S2493 kjohnson on DSK79L0C42 with BILLS 6 •S 2493 IS President to detect, deter, and respond to 1 malign foreign influence operations and 2 campaigns including with respect to covert 3 activities pursuant to section 503; and 4 ‘‘(ii) to monitor and assess foreign ef- 5 forts to carry out such operations and 6 campaigns. 7 ‘‘(D) In coordination with the head of the 8 Global Engagement Center established by sec- 9 tion 1287 of the National Defense Authoriza- 10 tion Act for Fiscal Year 2017 (Public Law 11 114–328; 22 U.S.C. 2656 note), to examine 12 current and emerging foreign efforts to use 13 disinformation and information operations re- 14 lating to the threats described in paragraph (1). 15 ‘‘(E) To identify and close gaps across the 16 departments and agencies of the Federal Gov- 17 ernment with respect to expertise, readiness, 18 and planning to address malign foreign influ- 19 ence operations and campaigns. 20 ‘‘(F) To make information available to the 21 public, as the Director of National Intelligence 22 considers appropriate, regarding trends, 23 threats, and tactics deployed by malign foreign 24 influence operations and campaigns. 25 VerDate Sep 11 2014 20:55 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2493.IS S2493 kjohnson on DSK79L0C42 with BILLS 7 •S 2493 IS ‘‘(G) To share information, as the Director 1 of National Intelligence considers appropriate, 2 with allied intelligence partners on malign for- 3 eign influence operations and campaigns and in 4 so doing establish a two-way exchange of infor- 5 mation about malign foreign influence oper- 6 ations and campaigns. 7 ‘‘(2) SCOPE.—The primary missions of the Cen- 8 ter shall apply to malign foreign influence operations 9 and campaigns conducted by, at the direction of, on 10 behalf of, conspiring with, aiding or abetting the ef- 11 forts, or acting with substantial support of the fol- 12 lowing countries: 13 ‘‘(A) Russia. 14 ‘‘(B) Iran. 15 ‘‘(C) North Korea. 16 ‘‘(D) China. 17 ‘‘(E) Such other countries as the Director 18 of National Intelligence determines appropriate 19 for purposes of this section. 20 ‘‘(3) LIMITATIONS AND REQUIREMENTS.— 21 ‘‘(A) OTHER PROVISIONS OF LAW.—The 22 Center shall ensure that any actions taken pur- 23 suant to this subsection are consistent with 24 other applicable limitations, including applicable 25 VerDate Sep 11 2014 20:55 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2493.IS S2493 kjohnson on DSK79L0C42 with BILLS 8 •S 2493 IS limitations on the collection, retention, dissemi- 1 nation, and processing of intelligence, under 2 Federal law, including court orders and Execu- 3 tive orders, and any relevant agency guidelines 4 or procedures. 5 ‘‘(B) CONSTITUTION.— 6 ‘‘(i) CONSISTENCY.—The Center shall 7 ensure that activities undertaken pursuant 8 to this section are conducted consistent 9 with protections under the Constitution. 10 ‘‘(ii) COLLECTION AND MAINTE- 11 NANCE.—The Center may not directly col- 12 lect information or maintain information 13 about a United States person solely for the 14 purpose of monitoring activities protected 15 by the First Amendment of the Constitu- 16 tion or the lawful exercise of other rights 17 secured by the Constitution or laws of the 18 United States. 19 ‘‘(C) ARTICULATION OF FOREIGN CONNEC- 20 TIONS AND THREATS.—In receiving information 21 arising out of an information collection effort in 22 which the collection target is a United States 23 person and such information is received from a 24 relevant department or agency of the Federal 25 VerDate Sep 11 2014 20:55 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2493.IS S2493 kjohnson on DSK79L0C42 with BILLS 9 •S 2493 IS Government participating in the mission of the 1 Center, the Center shall take such steps as may 2 be necessary to ensure that such department or 3 agency articulates a reasonable belief that the 4 person is connected to a foreign power and such 5 person and connection pose a threat to the 6 United States. 7 ‘‘(d) DIRECTOR.— 8 ‘‘(1) APPOINTMENT.—There is a Director, who 9 shall be the head of the Center, and who shall be ap- 10 pointed by the Director of National Intelligence, 11 with the concurrence of the Secretary of State. The 12 Director of the Center may not simultaneously serve 13 in any other capacity in the executive branch. 14 ‘‘(2) REPORTING.—The Director of the Center 15 shall directly report to the Director of National In- 16 telligence. 17 ‘‘(3) RESPONSIBILITIES.—The Director of the 18 Center shall— 19 ‘‘(A) ensure that the relevant departments 20 and agencies of the Federal Government par- 21 ticipate in the mission of the Center, including 22 by recruiting detailees from such departments 23 and agencies in accordance with subsection 24 (g)(1); and 25 VerDate Sep 11 2014 20:55 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2493.IS S2493 kjohnson on DSK79L0C42 with BILLS 10 •S 2493 IS ‘‘(B) have primary responsibility within the 1 United States Government, in coordination with 2 the Director of National Intelligence, for estab- 3 lishing requirements for the collection of intel- 4 ligence related to, or regarding, malign foreign 5 influence operations and campaigns, in accord- 6 ance with applicable provisions of law and Ex- 7 ecutive orders. 8 ‘‘(e) ANNUAL REPORTS.— 9 ‘‘(1) IN GENERAL.—At the direction of the Di- 10 rector of National Intelligence, but not less than 11 once each year, the Director of the Center shall sub- 12 mit to the appropriate congressional committees a 13 report on malign foreign influence operations and 14 campaigns. 15 ‘‘(2) MATTERS INCLUDED.—Each report under 16 paragraph (1) shall include, with respect to the pe- 17 riod covered by the report, a discussion of the fol- 18 lowing: 19 ‘‘(A) The nature of the malign foreign in- 20 fluence operations and campaigns. 21 ‘‘(B) The ability of the United States Gov- 22 ernment to counter and deter such operations 23 and campaigns. 24 VerDate Sep 11 2014 20:55 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2493.IS S2493 kjohnson on DSK79L0C42 with BILLS 11 •S 2493 IS ‘‘(C) The progress of the Center in achiev- 1 ing the missions of the Center. 2 ‘‘(D) Such recommendations as the Direc- 3 tor may determine necessary for legislative ac- 4 tion to improve the ability of the Center to 5 achieve the missions of the Center. 6 ‘‘(E) Any implications of the activities of 7 the Center as may regard the privacy and civil 8 liberties of the people of the United States. 9 ‘‘(F) Recommendations— 10 ‘‘(i) to improve on the activities of the 11 Center with respect to privacy and civil lib- 12 erties; and 13 ‘‘(ii) to improve privacy and civil lib- 14 erties safeguards of the intelligence com- 15 munity for the people of the United States. 16 ‘‘(3) FORM.—Each report under paragraph (1) 17 shall be submitted in unclassified form, but may in- 18 clude a classified annex. 19 ‘‘(f) ANNUAL INDEPENDENT REVIEW.— 20 ‘‘(1) IN GENERAL.—Not less frequently than 21 once each year, the Inspector General of the Intel- 22 ligence Community shall conduct an independent re- 23 view of the programs and activities of the Center 24 VerDate Sep 11 2014 20:55 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2493.IS S2493 kjohnson on DSK79L0C42 with BILLS 12 •S 2493 IS and submit to Congress a report on the findings of 1 the Inspector General with respect to the review. 2 ‘‘(2) MATTERS INCLUDED.—Each report sub- 3 mitted under paragraph (1) shall include, with re- 4 spect to the period covered by the report, the fol- 5 lowing: 6 ‘‘(A) Discussion of the progress of the 7 Center in achieving the missions of the Center. 8 ‘‘(B) The effectiveness of integrating ac- 9 tivities from agencies across the Federal Gov- 10 ernment into the operations of the Center. 11 ‘‘(C) Such recommendations for legislative 12 action as the Inspector General may have to im- 13 prove the ability of the Center to achieve the 14 missions of the Center. 15 ‘‘(D) Such recommendations as the Inspec- 16 tor General may have for improving intelligence 17 gathering and sharing practices across the in- 18 telligence community relating to the mission 19 and activities of the Center. 20 ‘‘(E) An assessment of the effect of the ac- 21 tivities of the Center on the privacy and civil 22 liberties of the people of the United States and 23 such recommendations as the Inspector General 24 VerDate Sep 11 2014 20:55 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2493.IS S2493 kjohnson on DSK79L0C42 with BILLS 13 •S 2493 IS may have to improve safeguards to privacy and 1 civil liberties of the people of the United States. 2 ‘‘(3) FORM.—Each report under paragraph (1) 3 shall be submitted in unclassified form, but may in- 4 clude a classified annex. 5 ‘ [Text truncated for display. 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