[Congressional Record Volume 166, Number 218 (Monday, December 21, 2020)]
[Senate]
[Pages S7932-S7934]
JOINT EXPLANATORY STATEMENT
Mr. RUBIO. Mr. President, this explanation reflects the status of
negotiations and disposition of issues reached between the Senate
Select Committee on Intelligence and the House Permanent Select
Committee on Intelligence for the Intelligence Authorization Act for
Fiscal Year 2021.
The explanation shall have the same effect with respect to the
implementation of this act as if it were a joint explanatory statement
of a conference committee.
I ask unanimous consent that the joint explanatory statement for the
Intelligence Authorization Act for Fiscal Year 2021 be printed into the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Intelligence Authorization Act for Fiscal Year 2021
The following is the explanation of the Intelligence
Authorization Act for Fiscal Year 2021 (hereinafter, ``the
Act'').
This explanation reflects the result of negotiations and
disposition of issues reached between the Senate Select
Committee on Intelligence (SSCI) and the House Permanent
Select Committee on Intelligence (HPSCI) and the
(hereinafter, ``the Agreement''). The explanation shall have
the same effect with respect to the implementation of the Act
as if it were a joint explanatory statement of a conference
committee. The term ``Committees'' refers to both SSCI and
HPSCI.
The explanation comprises three parts: an overview of the
application of the annex to accompany this statement;
unclassified congressional direction; and a section-by-
section analysis of the legislative text.
PART I: APPLICATION OF THE CLASSIFIED ANNEX
The classified nature of U.S. intelligence activities
prevents the SSCI and HPSCI (collectively, the
``congressional intelligence committees'') from publicly
disclosing many details concerning the conclusions and
recommendations of the Agreement. Therefore, a classified
Schedule of Authorizations and a classified annex have been
prepared to describe in detail the scope and intent of the
congressional intelligence committees' actions. The Agreement
authorizes the Intelligence Community (IC) to obligate and
expend funds not altered or modified by the classified
Schedule of Authorizations as requested in the President's
budget, subject to modification under applicable
reprogramming procedures.
The classified annex is the result of negotiations between
the congressional intelligence committees. They reconcile the
differences between the congressional intelligence
committees' respective versions of the bill for the National
Intelligence Program (NIP) for Fiscal Year 2021. The
Agreement also makes recommendations for the Military
Intelligence Program (MIP) and the Information Systems
Security Program (ISSP), consistent with the National Defense
Authorization Act for Fiscal Year 2021, and provides certain
direction for these two programs. The Agreement applies to IC
activities for Fiscal Year 2021.
The classified Schedule of Authorizations is incorporated
into the bill pursuant to Section 102. It has the status of
law. The classified annex supplements and adds detail to
clarify the authorization levels found in the bill and the
classified Schedule of Authorizations. The congressional
intelligence committees view direction and recommendations,
whether contained in this explanation or in the classified
annex, as requiring compliance by the Executive Branch.
PART II: SELECT UNCLASSIFIED CONGRESSIONAL DIRECTION
This Joint Explanatory Statement incorporates by reference,
and the Executive Branch shall comply with, all direction
contained in the Senate Select Committee on Intelligence
Report to accompany the Intelligence Authorization Act for
Fiscal Year 2021 (S. Rept. 116-233) and in the House
Permanent Select Committee on Intelligence Report to
accompany the Intelligence Authorization Act for Fiscal Year
2021 (H. Rept. 116-565).
PART III: SECTION-BY-SECTION ANALYSIS AND EXPLANATION OF LEGISLATIVE
TEXT
TITLE I--INTELLIGENCE ACTIVITIES
Section 101. Authorization of appropriations
Section 101 lists the United States Government departments,
agencies, and other elements for which the Act authorizes
appropriations for intelligence and intelligence-related
activities for Fiscal Year 2021.
Section 102. Classified Schedule of Authorizations
Section 102 provides that the details of the amounts
authorized to be appropriated for intelligence and
intelligence-related activities for Fiscal Year 2021 are
contained in the classified Schedule of Authorizations and
that the classified Schedule of Authorizations shall be made
available to the Committees on Appropriations of the Senate
and House of Representatives and to the President.
Section 103. Intelligence Community Management Account
Section 103 authorizes appropriations for the Intelligence
Community Management Account (ICMA) of the ODNI for Fiscal
Year 2021.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Section 201. Authorization of appropriations
Section 201 authorizes appropriations for the CIA
Retirement and Disability Fund for Fiscal Year 2021.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Section 301. Restriction on conduct of intelligence
activities
Section 301 provides that the authorization of
appropriations by the Act shall not be deemed to constitute
authority for the conduct of any intelligence activity that
is not otherwise authorized by the Constitution or laws of
the United States.
Section 302. Increase in employee compensation and benefits
authorized by law
Section 302 provides that funds authorized to be
appropriated by the 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 compensation or benefits authorized by law.
Section 303. Continuity of operations plans for certain
elements of the intelligence community in the case of a
national emergency
Section 303 requires the Directors of the Office of the
Director of National Intelligence (ODNI), Central
Intelligence Agency (CIA), National Reconnaissance Office
(NRO), Defense Intelligence Agency (DIA), National Security
Agency (NSA), and National Geospatial-Intelligence Agency
(NGA) to establish continuity of operations plans for use in
the case of certain national emergencies as defined in
statute, and share those with the congressional intelligence
committees within 7 days of a national emergency being
declared. Furthermore, Section 303 requires these agencies to
provide the committees with any updates to those plans as the
conditions of the national emergency require.
Section 304. Application of Executive Schedule level III to
position of Director of National Reconnaissance Office
Section 304 provides that the Director of the NRO shall be
designated as Level III on the Executive Schedule, the
equivalent of an Under Secretary. The Committee further
clarifies that this provision shall apply to a successor
civilian occupying the position of Director of the NRO.
Section 305. National Intelligence University
Section 305 provides the National Intelligence University
(NIU) with degree-granting authority and requires reporting
on personnel and compensation. Section 305 also sustains an
independent, external board of visitors to provide oversight
of the NIU.
Section 306. Data collection on attrition in intelligence
community
Section 306 requires the DNI to set standards and issue an
annual report on the reasons why different categories of IC
employees separate from service or applicants to IC positions
withdraw from the hiring process after they have been issued
a conditional offer of employment. Data on workforce
attrition should include demographics, specialties, and
length of service. Such reasons may include an alternative
job opportunity, a loss of interest in joining the IC, or the
length of time to complete the clearance process.
Section 307. Limitation on delegation of responsibility for
program management of information-sharing environment
Section 307 stipulates that the President must delegate
responsibilities under Section 1016(b) of the Intelligence
Reform and Terrorism Prevention Act of 2004 to an official
other than the DNI.
Section 308. Requirement to buy certain satellite component
from American sources
Section 308 prohibits an element of the IC to award a
contract for a national security
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satellite if the satellite uses a star tracker that is not
produced in the United States, with certain limited
exceptions.
Section 309. Limitation on construction of facilities to be
used primarily by intelligence community
Section 309 amends the Intelligence Authorization Act for
Fiscal Year 1995 regarding funding and authorities for
facility construction.
Section 310. Intelligence community student loan repayment
programs
Section 310 requires the DNI to establish minimum student
loan repayment standards for IC employees.
Subtitle B--Reports and Assessments Pertaining to the Intelligence
Community
Section 321. 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
Section 321 directs the Comptroller General to assess
efforts in the IC and Department of Defense (DoD) to identify
and mitigate the risks posed to the IC and DoD by direct-to-
consumer genetic testing by the Government of the People's
Republic of China. Section 321 further requires the report to
include key national security risks and vulnerabilities, an
assessment of the IC's and DoD's identification and
mitigation of such risks and vulnerabilities,
and recommendations for the IC and DoD to improve
identification and mitigation of such risks and
vulnerabilities.
Section 322. 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.
Section 322 requires the DNI to submit a report describing
how IC elements are exercising hiring flexibilities and
expedited human resources practices afforded under 5 U.S.C.
3326 and related regulations, including the identification of
any obstacles encountered by the IC in exercising such
authorities.
Section 323. Report on signals intelligence priorities and
requirements.
Section 323 requires the DNI to submit a report detailing
signals intelligence priorities and requirements subject to
Presidential Policy Directive-28 that stipulates ``why,
whether, when, and how the United States conducts signals
intelligence activities.'' This report shall be submitted in
unclassified form, but may include a classified annex.
Section 324. Assessment of demand for student loan repayment
program benefit.
Section 324 requires the head of each IC element to
calculate the number of personnel who qualify for a student
loan repayment program benefit, and compare it to the number
of personnel who apply for such a benefit. The information
provided will include recommendations for how to optimize
participation and enhance the effectiveness of the benefit as
a retention tool, to identify any shortfall in funds or
authorities needed to provide such benefit, and to include
such materials with the budget request for Fiscal Year 2022.
Section 325. Assessment of intelligence community demand for
child care.
Section 325 requires the DNI in coordination with the heads
of other IC elements to provide a report that includes: a
calculation of the total annual demand for child care by
employees at NSA, NGA, DIA, NRO, CIA, and ODNI; an
identification of any shortfalls between demand and the child
care support by these IC elements; an assessment of options
for addressing any such shortfall; an identification of the
advantages, disadvantages, security requirements, and costs
associated with each option; a plan to meet, within five
years after the date of the report, the demand for childcare,
and an assessment of specific considerations that impact the
alternatives available to these IC elements.
Section 326. Open source intelligence strategies and plans
for the intelligence community
Section 326 requires the DNI in coordination with the heads
of each IC element, to conduct a survey of the open source
intelligence requirements, goals, investments, and
capabilities for each element of the IC and to evaluate the
usability of the Open Source Enterprise (OSE). Based on such
findings, it further mandates the DNI shall develop, in
coordination with the heads of each IC element, a strategy
for open source intelligence collection, analysis, and
production across the IC; create a plan for improving
usability of the OSE; and conduct a risk and benefit analysis
of creating an independent open source center.
Using the findings above, Section 326 further requires the
DNI to develop a plan for a centralized data repository of
open source intelligence. Finally, it mandates the DNI
develop a cost-sharing model that leverages the open source
intelligence investments of each IC element for the
beneficial use of the entire IC. It also requires the heads
of ODNI, CIA, DIA, NGA, and NSA to jointly brief the
congressional intelligence committees on the progress
developing the aforementioned plans.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Section 401. Establishment of Office of the Ombudsman for
Analytic Objectivity
Section 401 establishes in the CIA an Office of the
Ombudsman for Analytic Objectivity to implement required
procedures and conduct required activities.
Section 402. Expansion of personnel management authority to
attract experts in science and engineering
Section 402 facilitates NGA's recruitment of experts in
science or engineering for research and development projects.
Section 403. Senior Chief Petty Officer Shannon Kent Award
for distinguished female personnel of the National
Security Agency
Section 403 requires the Director of the NSA to establish
an honorary award for the recognition of female personnel of
the NSA for distinguished career contributions in support of
the mission of the NSA.
Section 404. Department of Homeland Security intelligence and
cybersecurity diversity fellowship program
Section 404 requires the Secretary of DHS to carry out an
intelligence and cybersecurity diversity fellowship program
that provides paid internships, tuition assistance, and
potential employment opportunities.
Section 405. Climate Security Advisory Council
Section 405 requires the DNI, in coordination with the
appropriate heads of other IC elements, to conduct a study on
the effectiveness of the Climate Security Advisory Council as
a potential model for future advisory councils.
TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES
Section 501. Requirements and authorities for Director of
Central Intelligence Agency to improve education in
science, technology, engineering, arts, and mathematics
Section 501 ensures that the Director of the CIA has the
legal authorities required to improve the skills in science,
technology, engineering, arts, and mathematics (known as
STEAM) necessary to meet long-term national security needs.
Section 502. Seedling investment in next-generation
microelectronics in support of artificial intelligence
Section 502 requires the DNI, acting through the Director
of the Intelligence Advanced Research Projects Activity, to
award contracts or grants, or enter into other transactions,
to encourage microelectronics research.
TITLE VI--REPORTS AND OTHER MATTERS
Section 601. 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
Section 601 requires the CIA, NSA, and DIA to submit to the
congressional intelligence and armed services committees a
joint report that describes the United States intelligence
sharing and military posture in Five Eyes countries that
currently have or intend to use adversary telecommunications
or cybersecurity equipment, especially as provided by China
or Russia, with a description of potential vulnerabilities of
that information and assessment of mitigation options.
Section 602. Report on threats posed by use by foreign
governments and entities of commercially available cyber
intrusion and surveillance technology
Section 602 requires the DNI to submit a report on the
threats posed by foreign governments and foreign entities
using and appropriating commercially available cyber
intrusion and other surveillance technology.
Section 603. Reports on recommendations of the Cyberspace
Solarium Commission
Section 603 requires the ODNI, Department of Homeland
Security (acting through the Under Secretary of Homeland
Security for Intelligence and Analysis), Department of Energy
(acting through the Director of Intelligence and
Counterintelligence of the Department of Energy), Department
of Commerce, and DoD to report to Congress their assessment
of the recommendations submitted by the Cyberspace Solarium
Commission pursuant to Section 1652(j) of the John S. McCain
National Defense Authorization Act (NDAA) for Fiscal Year
2019, and to describe actions that each agency expects to
take to implement these recommendations
Section 604. Assessment of critical technology trends
relating to artificial intelligence, microchips, and
semiconductors and related supply chains
Section 604 requires the DNI to complete an assessment of
export controls related to artificial intelligence (AI),
microchips, advanced manufacturing equipment, and other AI-
enabled technologies, including the identification of
opportunities for further cooperation with international
partners.
Section 605. Combating Chinese influence operations in the
United States and strengthening civil liberties
protections
Section 605 provides additional requirements to annual
reports in 50 U.S.C. 3237(B) on Influence Operations and
Campaigns in the United States by the Chinese Communist Party
(CCP) by mandating an identification
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of influence operations by the CCP against the science and
technology sector in the United States. Section 605 also
requires the FBI to create a plan, in consultation with
stakeholders outside the Intelligence Community to increase
public awareness of influence activities by the CCP. Finally,
section 605 requires the FBI, in consultation with the
Assistant Attorney General for the Civil Rights and the Chief
Privacy and Civil Liberties Officer of the Department of
Justice, to develop recommendations to strengthen
relationships with communities targeted by the CCP and to
build trust with such communities through local and regional
grassroots outreach.
Section 606. Annual report on corrupt activities of senior
officials of the Chinese Communist Party
Section 606 requires the CIA, in coordination with the
Department of Treasury's Office of Intelligence and Analysis
and the FBI, to submit to designated congressional committees
annually through 2025 a report that describes and assesses
the wealth and corruption of senior officials of the CCP, as
well as targeted financial measures, including potential
targets for sanctions designation. Section 606 further
expresses 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 CCP, including President Xi Jinping.
Section 607. Report on corrupt activities of Russian and
other Eastern European oligarchs
Section 607 requires the CIA, in coordination with the
Department of the Treasury's Office of Intelligence and
Analysis and the FBI, to submit to designated congressional
committees and the Under Secretary of State for Public
Diplomacy, a report that describes the corruption and corrupt
or illegal activities among Russian and other Eastern
European oligarchs who support the Russian government and
Russian President Vladimir Putin, and the impact of those
activities on the economy and citizens of Russia. Section 607
further requires the CIA, in coordination with the Department
of Treasury's Office of Intelligence and Analysis, to
describe potential sanctions that could be imposed for such
activities.
Section 608. Report on biosecurity risk and disinformation by
the Chinese Communist Party and the Government of the
People's Republic of China
Section 608 requires the DNI to submit to the designated
congressional committees a report identifying whether and how
CCP officials and the Government of the People's Republic of
China may have sought to suppress or exploit for national
advantage information regarding the novel coronavirus
pandemic, including specific related assessments. Section 608
further provides that the report shall be submitted in
unclassified form, but may have a classified annex.
Section 609. Report on effect of lifting of United Nations
arms embargo on Islamic Republic of Iran
Section 609 requires the DIA to submit to designated
congressional committees a report on the Government of the
Islamic Republic of Iran's plans to acquire military arms if
the ban on arms transfers to or from such government under
United Nations Security Council resolutions are lifted, as
well as the effects such arms acquisitions may have on
regional security and stability.
Section 610. Report on Iranian activities relating to nuclear
nonproliferation
Section 610 directs the DNI to submit a report on any
relevant activities relating to nuclear weapons research and
development by the Islamic Republic of Iran and any relevant
efforts to afford or deny international access to related
facilities in accordance with international non-proliferation
agreements.
Section 611. Annual reports on security services of the
People's Republic of China in the Hong Kong Special
Administrative Region
Section 611 requires the DNI to submit a report on the
presence and activities of Chinese security services
operating within the Hong Kong Special Administrative Region.
Section 612. Research partnership on activities of People's
Republic of China
Section 612 requires the Director of the NGA to seek to
enter into a partnership with an academic or non-profit
research institution to carry out joint unclassified
geospatial intelligence analyses of the activities of the
People's Republic of China that pose national security risks
to the United States, and to make publicly available
unclassified products relating to such analyses.
Section 613. Report on the pharmaceutical and personal
protective equipment regulatory practices of the People's
Republic of China
Section 613 requires the DNI to submit a report on the
pharmaceutical and personal protective equipment regulatory
practices of the People's Republic of China.
Section 614. National Intelligence Estimate on situation in
Afghanistan
Section 614 requires the DNI, acting through the National
Intelligence Council, to produce a National Intelligence
Estimate on the situation in Afghanistan.
Section 615. Assessment regarding tensions between Armenia
and Azerbaijan
Section 615 requires the DNI to submit an assessment
regarding tensions between the governments of Armenia and
Azerbaijan.
Section 616. Sense of Congress on Third Option Foundation
Section 616 expresses the sense of Congress that the Third
Option Foundation's work on behalf of the CIA's special
operations community and their families is invaluable, such
that the Director of the CIA should work with the Foundation
to implement section 6412 of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020, which provided special
rules for certain monthly workers' compensation payments and
other payments to CIA personnel.
Section 617. Annual reports on worldwide threats
Section 617 requires the DNI, in coordination with IC
element heads, to submit an annual report with an IC
assessment of worldwide threats to United States national
security. Section 617 further requires the DNI, together with
IC element heads determined appropriate by the congressional
intelligence and defense committees in consultation with the
DNI, to testify at an open hearing before such committees
upon request. It is the intent of the Committees that a
request by one of the congressional intelligence or defense
committees, or a number of them, shall trigger the obligation
of IC element heads to testify at an open hearing before a
requesting committee, as specified under Section 617.
Section 618. Annual report on Climate Security Advisory
Council
Section 618 requires the chair of the Climate Security
Advisory Council to submit an annual report regarding the
Council's prior year activities.
Section 619. Improvements to funding for National Security
Education program
Section 619 authorizes funds for national security-related
scholarship, fellowship, and grant programs.
Section 620. Report on best practices to protect privacy,
civil liberties, and civil rights of Chinese Americans
Section 620 makes certain technical and conforming
amendments to a reporting provision enacted pursuant to the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020.
Section 621. National Intelligence Estimate on the threat of
global pandemic disease
Section 621 requires the DNI, acting through the National
Intelligence Council, to produce a National Intelligence
Estimate on the threat of global pandemic disease.
Section 622. Modification of requirement for briefings on
national security effects of emerging infectious disease
and pandemics
Section 622 amends a quinquennial reporting provision
enacted pursuant to the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 to require annual reporting.
Section 623. Independent study on open-source intelligence
Section 623 requires the DNI to seek to enter into an
agreement with a federally funded research and development
center or a nongovernmental entity to conduct a study on the
future of the collection, processing, exploitation, analysis,
dissemination, and evaluation of open-source intelligence by
the IC, with certain requirements and criteria.
Section 624. Survey on Open Source Enterprise
Section 624 requires the Director of the CIA (as the open
source functional manager for the IC), in consultation with
the DNI and any other IC element head that the Director
determines appropriate, to conduct a survey to measure the
satisfaction of customers of open-source intelligence with
the Open Source Enterprise of the CIA.
Section 625. Sense of Congress on report on murder of Jamal
Khashoggi
Section 625 provides that it is the sense of Congress that
the DNI should reasonably have been able to produce an
unclassified report, as required pursuant to section 5714 of
the Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020, and
section 1277 of the National Defense Authorization Act for
Fiscal Year 2020.
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