Intelligence Authorization Act for Fiscal Year 2021

IB Union Calendar No. 463 116TH CONGRESS 2D SESSION H. R. 7856 [Report No. 116–565] To authorize appropriations for fiscal year 2021 for intelligence and intel- ligence-related activities of the United States Government, the Commu- nity Management Account, and the Central Intelligence Agency Retire- ment and Disability System, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 30, 2020 Mr. SCHIFF introduced the following bill; which was referred to the Permanent Select Committee on Intelligence OCTOBER 30, 2020 Reported from the Committee on Intelligence; committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 02:01 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H7856.RH H7856 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7856 RH A BILL To authorize appropriations for fiscal year 2021 for intel- ligence and intelligence-related activities of the United States Government, the Community Management Ac- count, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. VerDate Sep 11 2014 02:01 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H7856.RH H7856 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7856 RH 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 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—INTELLIGENCE ACTIVITIES Sec. 101. Authorization of appropriations. Sec. 102. Classified schedule of authorizations. Sec. 103. Intelligence community management account. TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Sec. 201. Authorization of appropriations. TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS Sec. 301. Restriction on conduct of intelligence activities. Sec. 302. Increase in employee compensation and benefits authorized by law. Sec. 303. Notice of intelligence community provision of support for Federal, State, local, or tribal government response to civil disobedience or domestic civil disturbances. Sec. 304. Notice of intelligence community engagement in activities pursuant to presidential emergency action documents. Sec. 305. Requirement to buy certain satellite component from American sources. Sec. 306. Limitation on construction of facilities to be used primarily by intel- ligence community. Sec. 307. Intelligence community student loan repayment programs. Sec. 308. Paid leave for a serious health condition. Sec. 309. Requirements for certain employment activities by former intelligence officers and employees. TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY Sec. 401. Clarification of authority of National Reconnaissance Office. Sec. 402. Establishment of Office of the Ombudsman for Analytic Objectivity. Sec. 403. Placement on the Executive Schedule for Department of Defense di- rectors of the National Security Agency and the National Re- connaissance Office. Sec. 404. Expansion of personnel management authority to attract experts in science and engineering. VerDate Sep 11 2014 02:01 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H7856.RH H7856 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7856 RH Sec. 405. Special access programs: congressional oversight. Sec. 406. Senior Chief Petty Officer Shannon Kent Award for distinguished fe- male personnel of the National Security Agency. Sec. 407. Department of Homeland Security intelligence and cybersecurity di- versity fellowship program. Sec. 408. Climate Security Advisory Council and Climate Security Intelligence Center. TITLE V—INSPECTORS GENERAL OF ELEMENTS OF THE INTEL- LIGENCE COMMUNITY AND PROTECTION OF WHISTLEBLOWERS Sec. 501. Independence of Inspectors General of the intelligence community. Sec. 502. Designation of acting inspectors general of the intelligence commu- nity in cases of vacancies. Sec. 503. Authority of inspectors general of the intelligence community to de- termine matters of urgent concern. Sec. 504. Limitation on sharing of intelligence community whistleblower com- plaints with persons named in such complaints. Sec. 505. Disclosures to Congress. Sec. 506. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. Sec. 507. Conforming amendments and coordination with other provisions of law. Sec. 508. Severability. TITLE VI—MATTERS RELATING TO EMERGING TECHNOLOGIES Sec. 601. Modifications to duties of Director of Science and Technology. Sec. 602. Annual reports on research and development for scientific and tech- nological advancements. Sec. 603. Improvement of education in science, technology, engineering, arts, and mathematics. Sec. 604. Quarterly reports on cyber intelligence, surveillance, and reconnais- sance activities of the Department of Defense. Sec. 605. Process for identifying cyber threat intelligence needs and priorities. Sec. 606. Reviews of intelligence community cyber threat sharing posture and National Security Directive 42. Sec. 607. Feasibility study on cybersecurity policies of contractors of owner or operators of national security systems . Sec. 608. Artificial intelligence research and development. Sec. 609. Seedling investment in next-generation microelectronics in support of artificial intelligence. TITLE VII—PROTECTION OF ELECTIONS FROM FOREIGN INFLUENCE Subtitle A—Foreign Influence Reporting in Elections Sec. 701. Federal campaign reporting of foreign contacts. Sec. 702. Federal campaign foreign contact reporting compliance system. Sec. 703. Criminal penalties. Sec. 704. Report to congressional intelligence committees. Sec. 705. Rule of construction. Subtitle B—Foreign Influence Reporting in Elections VerDate Sep 11 2014 02:01 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H7856.RH H7856 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7856 RH Sec. 711. Clarification of application of foreign money ban. Sec. 712. Requiring acknowledgment of foreign money ban by political commit- tees. TITLE VIII—MATTERS RELATING TO FOREIGN COUNTRIES Subtitle A—Saudi Arabia and the Middle East Sec. 801. Limitation on availability of funds until submission of required report on murder of Jamal Khashoggi. Sec. 802. Prohibition on availability of funds for intelligence sharing relating to certain air strikes in Yemen. Sec. 803. Report on understanding and mitigating civilian harm from use of certain weapons systems in Yemen. Sec. 804. Report on prevention of proliferation of sensitive unmanned aerial ve- hicles and related technology. Sec. 805. Report on understanding potential for and preventing nuclear pro- liferation in the middle east. Sec. 806. Report on propagation of extremist ideologies from Saudi Arabia. Sec. 807. Report on financial influence operations of Saudi Arabia, the United Arab Emirates, and Qatar. Subtitle B—People’s Republic of China Sec. 811. Annual reports on security services of the People’s Republic of China in the Hong Kong Special Administrative Region. Sec. 812. Research partnership on activities of People’s Republic of China. Sec. 813. Report on the pharmaceutical and personal protective equipment reg- ulatory practices of the People’s Republic of China. Subtitle C—Matters Relating to Other Countries Sec. 821. National Intelligence Estimate on situation in Afghanistan. Sec. 822. Assessment regarding tensions between Armenia and Azerbaijan. TITLE IX—REPORTS AND OTHER MATTERS Sec. 901. Annual reports on worldwide threats. Sec. 902. Annual intelligence assessments on relationship between women and violent extremism. Sec. 903. Annual report on Climate Security Advisory Council. Sec. 904. Improvements to funding for National Security Education program. Sec. 905. Report on best practices to protect privacy, civil liberties, and civil rights of Chinese Americans. Sec. 906. National Intelligence Estimate on threat of global pandemic disease. Sec. 907. Modification of requirement for briefings on national security effects of emerging infectious disease and pandemics. Sec. 908. Report on open-source science and technology intelligence collection and analysis within the intelligence community. Sec. 909. Independent study on open-source intelligence. Sec. 910. Survey on Open Source Enterprise. Sec. 911. Intelligence assessment and reports on violent transnational White supremacist extremism. Sec. 912. Wireless supply chain innovation grant program. Sec. 913. Sense of Congress regarding Third Option Foundation. VerDate Sep 11 2014 02:01 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H7856.RH H7856 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7856 RH 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 section 3 of the National Security Act 10 of 1947 (50 U.S.C. 3003). 11 TITLE I—INTELLIGENCE 12 ACTIVITIES 13 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 14 Funds are hereby authorized to be appropriated for 15 fiscal year 2021 for the conduct of the intelligence and 16 intelligence-related activities of the following elements of 17 the United States Government: 18 (1) The Office of the Director of National Intel- 19 ligence. 20 (2) The Central Intelligence Agency. 21 (3) The Department of Defense. 22 (4) The Defense Intelligence Agency. 23 (5) The National Security Agency. 24 VerDate Sep 11 2014 02:01 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7856.RH H7856 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7856 RH (6) The Department of the Army, the Depart- 1 ment of the Navy, and the Department of the Air 2 Force. 3 (7) The Coast Guard. 4 (8) The Department of State. 5 (9) The Department of the Treasury. 6 (10) The Department of Energy. 7 (11) The Department of Justice. 8 (12) The Federal Bureau of Investigation. 9 (13) The Drug Enforcement Administration. 10 (14) The National Reconnaissance Office. 11 (15) The National Geospatial-Intelligence Agen- 12 cy. 13 (16) The Department of Homeland Security. 14 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 15 (a) SPECIFICATIONS OF AMOUNTS.—The amounts 16 authorized to be appropriated under section 101 for the 17 conduct of the intelligence activities of the elements listed 18 in paragraphs (1) through (16) of section 101, are those 19 specified in the classified Schedule of Authorizations pre- 20 pared to accompany this Act. 21 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU- 22 THORIZATIONS.— 23 (1) AVAILABILITY.—The classified Schedule of 24 Authorizations referred to in subsection (a) shall be 25 VerDate Sep 11 2014 02:01 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7856.RH H7856 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7856 RH made available to the Committee on Appropriations 1 of the Senate, the Committee on Appropriations of 2 the House of Representatives, and to the President. 3 (2) DISTRIBUTION BY THE PRESIDENT.—Sub- 4 ject to paragraph (3), the President shall provide for 5 suitable distribution of the classified Schedule of Au- 6 thorizations referred to in subsection (a), or of ap- 7 propriate portions of such Schedule, within the exec- 8 utive branch. 9 (3) LIMITS ON DISCLOSURE.—The President 10 shall not publicly disclose the classified Schedule of 11 Authorizations or any portion of such Schedule ex- 12 cept— 13 (A) as provided in section 601(a) of the 14 Implementing Recommendations of the 9/11 15 Commission Act of 2007 (50 U.S.C. 3306(a)); 16 (B) to the extent necessary to implement 17 the budget; or 18 (C) as otherwise required by law. 19 SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC- 20 COUNT. 21 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 22 authorized to be appropriated for the Intelligence Commu- 23 nity Management Account of the Director of National In- 24 telligence for fiscal year 2021 the sum of $683,000,000. 25 VerDate Sep 11 2014 02:01 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7856.RH H7856 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7856 RH (b) CLASSIFIED AUTHORIZATION OF APPROPRIA- 1 TIONS.—In addition to amounts authorized to be appro- 2 priated for the Intelligence Community Management Ac- 3 count by subsection (a), there are authorized to be appro- 4 priated for the Intelligence Community Management Ac- 5 count for fiscal year 2021 such additional amounts as are 6 specified in the classified Schedule of Authorizations re- 7 ferred to in section 102(a). 8 TITLE II—CENTRAL INTEL- 9 LIGENCE AGENCY RETIRE- 10 MENT AND DISABILITY SYS- 11 TEM 12 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 13 There is authorized to be appropriated for the Cen- 14 tral Intelligence Agency Retirement and Disability Fund 15 $514,000,000 for fiscal year 2021. 16 TITLE III—GENERAL INTEL- 17 LIGENCE COMMUNITY MAT- 18 TERS 19 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 20 ACTIVITIES. 21 The authorization of appropriations by this Act shall 22 not be deemed to constitute authority for the conduct of 23 any intelligence activity which is not otherwise authorized 24 by the Constitution or the laws of the United States. 25 VerDate Sep 11 2014 02:01 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7856.RH H7856 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7856 RH 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. NOTICE OF INTELLIGENCE COMMUNITY PROVI- 8 SION OF SUPPORT FOR FEDERAL, STATE, 9 LOCAL, OR TRIBAL GOVERNMENT RESPONSE 10 TO CIVIL DISOBEDIENCE OR DOMESTIC CIVIL 11 DISTURBANCES. 12 (a) SENSE OF CONGRESS.—It is the sense of Con- 13 gress that— 14 (1) it is essential that the people of the United 15 States have trust and confidence in the legitimacy of 16 the Armed Forces and the intelligence community, 17 which are obligated to protect the rights of all the 18 people of the United States; 19 (2) in a democracy, intelligence activities must 20 not only be legitimate, they must also [Text truncated for display. Full text available on Congress.gov.]