Intelligence Authorization Act for Fiscal Year 2021

II Calendar No. 477 116TH CONGRESS 2D SESSION S. 3905 To authorize appropriations for fiscal year 2021 for intelligence and intel- ligence-related activities of the United States Government, the Intel- ligence 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 intel- ligence and intelligence-related activities of the United States Government, the Intelligence Community Manage- ment Account, and the Central Intelligence Agency Re- tirement and Disability System, 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Intelligence Authorization Act for Fiscal Year 2021’’. 5 VerDate Sep 11 2014 00:27 Jun 09, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3905.RS S3905 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3905 RS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 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 Reconnais- sance 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 infor- mation technology environment. Sec. 311. Requirements and authorities for Director of the Central Intelligence Agency to improve education in science, technology, engineer- ing, 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 in- formation 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 com- plaints with persons named in such complaints. VerDate Sep 11 2014 00:27 Jun 09, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S3905.RS S3905 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3905 RS Subtitle C—Reports and Assessments Pertaining to Intelligence Community Sec. 331. Assessment by the Comptroller General of the United States on ef- forts of the intelligence community and the Department of De- fense to identify and mitigate risks posed to the intelligence community and the Department by the use of direct-to-con- sumer genetic testing by the Government of the People’s Re- public of China. Sec. 332. Report on use by intelligence community of hiring flexibilities and ex- pedited human resources practices to assure quality and diver- sity 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 com- munity. 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 proce- dures, 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 telecommuni- cations and cybersecurity equipment and services for, or to pro- vide 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 tech- nology. Sec. 504. Reports on recommendations of the Cyberspace Solarium Commis- sion. Sec. 505. Assessment of critical technology trends relating to artificial intel- ligence, 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 Com- munist Party and the Government of the People’s Republic of China. Sec. 511. Report on effect of lifting of United Nations arms embargo on Is- lamic Republic of Iran. Sec. 512. Report on Iranian activities relating to nuclear nonproliferation. Sec. 513. Sense of Congress on Third Option Foundation. VerDate Sep 11 2014 00:27 Jun 09, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S3905.RS S3905 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3905 RS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) CONGRESSIONAL INTELLIGENCE COMMIT- 3 TEES.—The term ‘‘congressional intelligence com- 4 mittees’’ has the meaning given such term in section 5 3 of the National Security Act of 1947 (50 U.S.C. 6 3003). 7 (2) INTELLIGENCE COMMUNITY.—The term 8 ‘‘intelligence community’’ has the meaning given 9 such term in such section. 10 TITLE I—INTELLIGENCE 11 ACTIVITIES 12 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 13 Funds are hereby authorized to be appropriated for 14 fiscal year 2021 for the conduct of the intelligence and 15 intelligence-related activities of the following elements of 16 the United States Government: 17 (1) The Office of the Director of National Intel- 18 ligence. 19 (2) The Central Intelligence Agency. 20 (3) The Department of Defense. 21 (4) The Defense Intelligence Agency. 22 (5) The National Security Agency. 23 (6) The Department of the Army, the Depart- 24 ment of the Navy, and the Department of the Air 25 Force. 26 VerDate Sep 11 2014 00:27 Jun 09, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3905.RS S3905 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3905 RS (7) The Coast Guard. 1 (8) The Department of State. 2 (9) The Department of the Treasury. 3 (10) The Department of Energy. 4 (11) The Department of Justice. 5 (12) The Federal Bureau of Investigation. 6 (13) The Drug Enforcement Administration. 7 (14) The National Reconnaissance Office. 8 (15) The National Geospatial-Intelligence Agen- 9 cy. 10 (16) The Department of Homeland Security. 11 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 12 (a) SPECIFICATIONS OF AMOUNTS.—The amounts 13 authorized to be appropriated under section 101 for the 14 conduct of the intelligence activities of the elements listed 15 in paragraphs (1) through (16) of section 101, are those 16 specified in the classified Schedule of Authorizations pre- 17 pared to accompany this Act. 18 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU- 19 THORIZATIONS.— 20 (1) AVAILABILITY.—The classified Schedule of 21 Authorizations referred to in subsection (a) shall be 22 made available to the Committee on Appropriations 23 of the Senate, the Committee on Appropriations of 24 the House of Representatives, and to the President. 25 VerDate Sep 11 2014 00:27 Jun 09, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3905.RS S3905 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3905 RS (2) DISTRIBUTION BY THE PRESIDENT.—Sub- 1 ject to paragraph (3), the President shall provide for 2 suitable distribution of the classified Schedule of Au- 3 thorizations referred to in subsection (a), or of ap- 4 propriate portions of such Schedule, within the exec- 5 utive branch of the Federal Government. 6 (3) LIMITS ON DISCLOSURE.—The President 7 shall not publicly disclose the classified Schedule of 8 Authorizations or any portion of such Schedule ex- 9 cept— 10 (A) as provided in section 601(a) of the 11 Implementing Recommendations of the 9/11 12 Commission Act of 2007 (50 U.S.C. 3306(a)); 13 (B) to the extent necessary to implement 14 the budget; or 15 (C) as otherwise required by law. 16 SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC- 17 COUNT. 18 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 19 authorized to be appropriated for the Intelligence Commu- 20 nity Management Account of the Director of National In- 21 telligence for fiscal year 2021 the sum of $731,200,000. 22 (b) CLASSIFIED AUTHORIZATION OF APPROPRIA- 23 TIONS.—In addition to amounts authorized to be appro- 24 priated for the Intelligence Community Management Ac- 25 VerDate Sep 11 2014 00:27 Jun 09, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3905.RS S3905 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3905 RS count by subsection (a), there are authorized to be appro- 1 priated for the Intelligence Community Management Ac- 2 count for fiscal year 2021 such additional amounts as are 3 specified in the classified Schedule of Authorizations re- 4 ferred to in section 102(a). 5 TITLE II—CENTRAL INTEL- 6 LIGENCE AGENCY RETIRE- 7 MENT AND DISABILITY SYS- 8 TEM 9 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 10 There is authorized to be appropriated for the Cen- 11 tral Intelligence Agency Retirement and Disability Fund 12 $514,000,000 for fiscal year 2021. 13 TITLE III—INTELLIGENCE 14 COMMUNITY MATTERS 15 Subtitle A—General Intelligence 16 Community Matters 17 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 18 ACTIVITIES. 19 The authorization of appropriations by this Act shall 20 not be deemed to constitute authority for the conduct of 21 any intelligence activity which is not otherwise authorized 22 by the Constitution or the laws of the United States. 23 VerDate Sep 11 2014 00:27 Jun 09, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3905.RS S3905 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3905 RS SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 1 BENEFITS AUTHORIZED BY LAW. 2 Appropriations authorized by this Act for salary, pay, 3 retirement, and other benefits for Federal employees may 4 be increased by such additional or supplemental amounts 5 as may be necessary for increases in such compensation 6 or benefits authorized by law. 7 SEC. 303. CLARIFICATION OF AUTHORITIES AND RESPON- 8 SIBILITIES OF NATIONAL MANAGER FOR NA- 9 TIONAL SECURITY TELECOMMUNICATIONS 10 AND INFORMATION SYSTEMS SECURITY. 11 (a) DELEGATION OF AUTHORITIES AND RESPON- 12 SIBILITIES.— 13 (1) IN GENERAL.—The National Manager for 14 National Security Telecommunications and Informa- 15 tion Systems Security, as designated by National Se- 16 curity Directive 42 (signed by the President on July 17 5, 1990), may delegate the authorities and respon- 18 sibilities assigned the National Manager under such 19 Directive to a Deputy National Manager for Na- 20 tional Security Telecommunications and Information 21 Systems Security. 22 (2) LIMITATION.—The authority to delegate 23 under paragraph (1) may not be further delegated 24 below the Deputy National Manager. 25 (b) SCOPE OF RESPONSIBILITIES.— 26 VerDate Sep 11 2014 00:27 Jun 09, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3905.RS S3905 kjohnson on DSK79L0C42PROD with BILLS 9 •S 3905 RS (1) NATIONAL MANAGER.— 1 (A) IN GENERAL.—In carrying out the au- 2 thorities and responsibilities of the National 3 Manager under National Security Directive 42, 4 the National Manager may supervise, oversee, 5 or execute, either directly or indirectly, the In- 6 formation Systems Security Program. 7 (B) LIMITATION.—In carrying out the au- 8 thorities and responsibilities of the National 9 Manager under National Security Directive 42, 10 the National Manager shall not supervise, over- 11 see, or execute, either directly or indirectly, any 12 aspect of the National Intelligence Program or 13 the Military Intelligence Program, except to the 14 degree that doing so is necessary to supervise, 15 oversee, or execute the Information Systems Se- 16 curity Program as described in subparagraph 17 (A). 18 (2) DEPUTY NATIONAL MANAGER.— 19 (A) IN GENERAL.—In a case in which the 20 National Manager delegates authorities and re- 21 sponsibilities to a Deputy National Manager 22 under subsection (a)(1), the Deputy National 23 Manager may supervise, oversee, or execute, ei- 24 VerDate Sep 11 2014 00:27 Jun 09, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3905.RS S3905 kjohnson on DSK79L0C42PROD with BILLS 10 •S 3905 RS ther directly or indirectly, the Information Sys- 1 tems Security Program. 2 (B) LIMITATION.—In a case described in 3 subparagraph (A), the Deputy National Man- 4 ager shall not supervise, oversee, or execute, ei- 5 ther directly or indirectly, any aspect of the Na- 6 tional Intelligence Program or the Military In- 7 telligence Program, except to the degree that 8 doing so is necessary to supervise, oversee, or 9 execute the Information Systems Security Pro- 10 gram as described in subparagraph (A). 11 SEC. 304. CONTINUITY OF OPERATIONS PLANS FOR CER- 12 TAIN ELEMENTS OF THE INTELLIGENCE 13 COMMUN [Text truncated for display. Full text available on Congress.gov.]