Intelligence Authorization Act for Fiscal Year 2021
Summary
Senate Report 116–233, Calendar No. 477, dated June 17, 2020, is the report of the Select Committee on Intelligence on the Intelligence Authorization Act for Fiscal Year 2021, to accompany S. 3905, submitted together with minority views. The committee reports favorably and recommends that the bill do pass. It states that the Director of National Intelligence publicly disclosed on February 11, 2020, that the National Intelligence Program request for Fiscal Year 2021 was $61.9 billion, and that a classified annex contains the Schedule of Authorizations. The section-by-section analysis covers intelligence activities, the CIA Retirement and Disability System and intelligence community matters, including provisions on whistleblower complaints. The minority views end over the name of Ron Wyden.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
- Issuer
- Congressional materials
- Document type
- Crpt Crpt 116Srpt233 Crpt 116Srpt233
- Case
- Crpt Crpt 116Srpt233 Crpt 116Srpt233
Cite this document
“Intelligence Authorization Act for Fiscal Year 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-116srpt233-crpt-116srpt233/
, SHA-256 34fa7305b793f92d18066929879894848f68e235c747bc2bf42de6b56bc83d3f.Full text
Calendar No. 477
116TH CONGRESS REPORT
" SENATE !
2d Session 116–233
INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 2021
JUNE 17, 2020.—Ordered to be printed
Mr. RUBIO, from the Select Committee on Intelligence,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany S. 3905]
The Select Committee on Intelligence, having considered an
original bill (S. 3905) to authorize appropriations for fiscal year
2021 for intelligence and intelligence-related activities of the
United States Government, the Intelligence Community Manage-
ment Account, and the Central Intelligence Agency Retirement and
Disability System, and for other purposes, reports favorably there-
on and recommends that the bill do pass.
CLASSIFIED ANNEXES TO THE COMMITTEE REPORT
Pursuant to Section 364 of the Intelligence Authorization Act for
Fiscal Year 2010 (Public Law 111–259), the Director of National In-
telligence (DNI) publicly disclosed on February 11, 2020, that the
request for the National Intelligence Program (NIP) for Fiscal Year
2021 was $61.9 billion. Other than for limited unclassified appro-
priations, primarily the Intelligence Community Management Ac-
count, the classified nature of United States intelligence activities
precludes any further disclosure, including by the Committee, of
the details of its budgetary recommendations. Accordingly, the
Committee has prepared a classified annex to this report that con-
tains a classified Schedule of Authorizations. The classified Sched-
ule of Authorizations is incorporated by reference in the Intel-
dlhill on DSK120RN23PROD with HEARING
99–010
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
2
ligence Authorization Act and has the legal status of public law.
The classified annex is made available to the Committees on Ap-
propriations of the Senate and the House of Representatives and
to the President. It is also available for review by any Member of
the Senate subject to the provisions of Senate Resolution 400 of the
94th Congress (1976).
SECTION-BY-SECTION ANALYSIS AND EXPLANATION
The following is a section-by-section analysis and explanation of
the Intelligence Authorization Act for Fiscal Year 2021 (the ‘‘Act’’)
that was reported by the Committee.
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 appro-
priations for intelligence and intelligence-related activities for Fis-
cal 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 activi-
ties 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 Com-
munity 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 au-
thorized by law
Section 302 provides that funds authorized to be appropriated by
the Act for salary, pay, retirement, and other benefits for federal
dlhill on DSK120RN23PROD with HEARING
employees may be increased by such additional or supplemental
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
3
amounts as may be necessary for increases in compensation or ben-
efits authorized by law.
Section 303. Clarification of authorities and responsibilities of Na-
tional Manager for National Security Telecommunications and
Information Systems Security
Section 303 permits the National Manager for National Security
Telecommunications and Information Systems Security, as des-
ignated by National Security Directive 42 (NSD–42), to delegate
NSD–42 authorities to a Deputy National Manager, without fur-
ther delegation. Section 303 further reinforces the National Secu-
rity Agency’s (NSA’s) mission regarding authorities and funding
programs by ensuring that the National Manager—when carrying
out NSD–42 authorities—may supervise, oversee, or execute (di-
rectly or indirectly) the Information Systems Security Program
(ISSP), but shall not supervise, oversee, or execute any aspect of
the National Intelligence Program (NIP) or Military Intelligence
Program (MIP), except as necessary to supervise, oversee, or exe-
cute the ISSP. Section 303 also provides that, upon such delegation
of authority, the Deputy National Manager may supervise, oversee,
or execute (directly or indirectly) the ISSP, but shall not supervise,
oversee, or execute any aspect of the NIP or MIP, except as nec-
essary to supervise, oversee, or execute the ISSP.
Section 304. Continuity of operations plans for certain elements of
the intelligence community in the case of a national emergency
Section 304 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), NSA, and National Geospatial-Intelligence Agency (NGA) to
establish continuity of operations plans for use in the case of cer-
tain 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 304 re-
quires these agencies to provide the committees with any updates
to those plans as the conditions of the national emergency require.
Section 305. Application of Executive Schedule level III to positions
of Director of National Security Agency and Director of Na-
tional Reconnaissance Office
Section 305 provides that the Director of the NRO and the Direc-
tor of the NSA shall be designated as Level III on the Executive
Schedule, the equivalent of an Under Secretary. The Committee
recognizes that this provision does not affect the current Director
of the NSA’s military rank or pay. Section 305 is intended to pro-
vide the Committee’s view as to the Director’s stature in the inter-
agency; it is not intended to signal support for a civilian nominee.
The Committee further clarifies that this provision shall apply to
a successor civilian occupying the position of Director of the NRO.
Section 306. National Intelligence University
Section 306 provides the National Intelligence University (NIU)
with the authorities that the Department of Defense War Colleges
have regarding faculty member hiring and compensation, and the
dlhill on DSK120RN23PROD with HEARING
acceptance of faculty research grants. Section 306 also sustains an
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
4
independent, external board of visitors to provide oversight of the
NIU.
Section 307. Requiring facilitation of establishment of Social Media
Data and Threat Analysis Center
Section 307 provides a requirement regarding Section 5323 of the
National Defense Authorization Act for Fiscal Year 2020 by requir-
ing that the Social Media Data and Threat Analysis Center be es-
tablished not later than 180 days after enhancement of this Act.
Section 308. Data collection on attrition in intelligence community
Section 308 requires the DNI to set standards and issue an an-
nual report on the reasons why different categories of Intelligence
Community (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 attri-
tion 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 309. Limitation on delegation of responsibility for program
management of information-sharing environment
Section 309 stipulates that the President must delegate respon-
sibilities under Section 1016(b) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 to an official other than the ODNI
on or after October 1, 2020.
Section 310. Improvements to provisions relating to intelligence
community information technology environment
Section 310 streamlines current reporting requirements by re-
quiring the Director of National Intelligence (DNI) to develop and
maintain a long-term roadmap for the Intelligence Community In-
formation Technology Environment (IC ITE). Section 310 further
requires the DNI to develop and maintain a business plan to imple-
ment the long-term IC ITE roadmap.
Section 311. Requirements and authorities for Director of the Cen-
tral Intelligence Agency to improve education in science, tech-
nology, engineering, arts, and mathematics
Section 311 ensures that the Director of the CIA has the legal
authorities required to improve the skills in science, technology, en-
gineering, arts, and mathematics (known as STEAM) necessary to
meet long-term national security needs.
SUBTITLE B—INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
Section 321. Prohibition against disclosure of whistleblower identity
as reprisal against whistleblower disclosure by employees and
contractors in the intelligence community
Section 321 adds to prohibited personnel practices a knowing,
willful or negligent disclosure that reveals an IC Whistleblower’s
identifying information without consent. Section 321 further pro-
dlhill on DSK120RN23PROD with HEARING
vides an IC Whistleblower with a private right of action if such dis-
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
5
closure is taken as a reprisal against the IC Whistleblower for
bringing a complaint.
Section 322. Clarification of standards regarding whistleblower
complaints and information of urgent concern received by In-
spector General of the Intelligence Community
Section 322 clarifies the definition of ‘‘urgent concern’’ regarding
whistleblower complaints and ensures that the Inspector General
of the Intelligence Community (IC IG) has authority over deter-
mining whether a matter falls within the ‘‘urgent concern’’ defini-
tion.
Section 323. Clarification regarding submittal of complaints and in-
formation by whistleblowers in the intelligence community to
Congress
Section 323 clarifies that IC Whistleblowers can give their com-
plaints to the intelligence committees—as long as the complaint is
provided to both Chairman and Vice Chairman or Ranking Member
or designated nonpartisan staff—regardless of whether they are de-
termined to be urgent concerns. Section 323 further provides new
security protocols in the instances where complaints include classi-
fied information.
Section 324. Limitation on sharing of intelligence community whis-
tleblower complaints with persons named in such complaints
Section 324 prohibits Federal government agents and employees
from sharing an IC Whistleblower complaint that has been sub-
mitted to an IC element’s IG with a named subject of the com-
plaint, unless the IC Whistleblower provides written consent or in-
formation sharing is required as part of the investigation. Section
324 further provides that any violation is subject to criminal fines
and/or two-year imprisonment and requires notification to the con-
gressional intelligence committees.
SUBTITLE C—REPORTS AND ASSESSMENTS PERTAINING TO THE
INTELLIGENCE COMMUNITY
Section 331. Assessment by the Comptroller General of the United
States on efforts of the Intelligence Community and the Depart-
ment of Defense to identify and mitigate risks posed to the Intel-
ligence Community and the Department of Defense by the use
of direct-to-consumer genetic testing by the Government of the
People’s Republic of China
Section 331 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. Sec-
tion 331 further requires the report to include key national security
risks and vulnerabilities, an assessment of the IC’s and DoD’s iden-
tification and mitigation of such risks and vulnerabilities, and rec-
ommendations for the IC and DoD to improve identification and
mitigation of such risks and vulnerabilities.
dlhill on DSK120RN23PROD with HEARING
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
6
Section 332. Report on use by intelligence community of hiring flexi-
bilities and expedited human resources practices to assure qual-
ity and diversity in the workforce of the intelligence community
Section 332 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 reg-
ulations, including the identification of any obstacles encountered
by the IC in exercising such authorities.
Section 333. Report on signals intelligence priorities and require-
ments
Section 333 requires the DNI to submit a report detailing signals
intelligence priorities and requirements subject to Presidential Pol-
icy 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 classi-
fied annex.
Section 334. Assessment of demand for student loan repayment pro-
gram benefit
Section 334 requires the head of each IC element to calculate the
number of personnel who qualify for a student loan repayment pro-
gram benefit, and compare it to the number of personnel who apply
for such a benefit. The information provided will include rec-
ommendations for how to optimize participation and enhance the
effectiveness of the benefit as a retention tool, to identify any short-
fall in funds or authorities needed to provide such benefit, and to
include such materials with the budget request for Fiscal Year
2022.
Section 335. Assessment of intelligence community demand for child
care
Section 335 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 short-
falls between demand and the child care support by these IC ele-
ments; an assessment of options for addressing any such shortfall;
an identification of the advantages, disadvantages, security re-
quirements, 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 336. Open source intelligence strategies and plans for the in-
telligence community
Section 336 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 Enter-
prise (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 pro-
dlhill on DSK120RN23PROD with HEARING
duction across the IC; create a plan for improving usability of the
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
7
OSE; and conduct a risk and benefit analysis of creating an inde-
pendent open source center.
Using the findings above, Section 336 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 re-
quires the heads of ODNI, CIA, DIA, NGA, and NSA to jointly brief
the congressional intelligence committees on the progress devel-
oping the aforementioned plans.
Section 337. Plan for establishing an element of the intelligence
community within the United States Space Force
Section 337 requires the DNI and the Under Secretary of De-
fense for Intelligence and Security, in coordination with the Sec-
retary of the Air Force and the Chief of Space Operations, to sub-
mit a plan for establishing an element of the IC within the United
States Space Force.
TITLE IV—SECURITY CLEARANCES AND TRUSTED WORKFORCE
Section 401. Exclusivity, consistency, and transparency in security
clearance procedures, and right to appeal
Section 401 requires the Executive Branch to publish adjudica-
tive guidelines for determining eligibility to access classified infor-
mation and makes these guidelines the exclusive basis for granting,
denying, and revoking clearances in order to increase transparency
and accountability, and ensure due process. Section 401 further
codifies the right of government employees to appeal unfavorable
eligibility determinations to an agency-level panel. Section 401 also
creates a higher level review by a government-wide appeals panel,
chaired by the DNI as the government’s Security Executive Agent,
to review certain agency-level panel determinations involving alle-
gations of constitutional violations or discrimination. This DNI-led
panel can remand decisions to the employing agency for reevalua-
tion if the panel finds valid cause.
Section 402. Establishing process parity for security clearance rev-
ocations
Section 402 requires an agency, in justifying an adverse security
clearance or access determination against a whistleblower, to dem-
onstrate by clear and convincing evidence that the agency would
have made the same security clearance or access determination in
the absence of the whistleblower’s disclosure. Section 402 estab-
lishes parity in the legal standards applied to IC Whistleblower
matters.
Section 403. Federal policy on sharing of derogatory information
pertaining to contractor employees in the trusted workforce
Section 403 requires the DNI to issue a policy within 180 days
of enactment that facilitates sharing of derogatory information the
government obtains on cleared contractors (along with any mitiga-
tion measures put in place) with Federal contractor employers’
chief security officers, to help companies maintain robust insider
dlhill on DSK120RN23PROD with HEARING
threat programs. The policy must comport with privacy rights,
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
8
allow individuals to verify the information, and stipulate that such
sharing is only for purposes of security risk mitigation.
TITLE V—REPORTS AND OTHER MATTERS
Section 501. Secure and trusted technology
Section 501 establishes a Communications Technology Security
and Innovation Fund to support the development and deployment
of open standards-based compatible, interoperable equipment for
fifth-generation wireless networks to create a more secure and di-
verse telecommunications vendor market. It also establishes a Mul-
tilateral Telecommunications Security Fund to support the adop-
tion of secure and trusted communications technologies in key mar-
kets globally. Section 501 authorizes up to $750,000,000 for each
fund and requires the administrators of each fund to provide an-
nual reports to Congress detailing the use of proceeds.
Section 501 further requires the DNI to submit a report on polit-
ical influence by adversarial nations within international forums
that set standards for fifth-generation and future generations of
wireless networks, including International Telecommunication
Union (ITU), International Organization for Standardization (ISO),
Inter-American Telecommunication Commission (CITEL), and 3rd
Generation Partnership Project (3GPP). Section 501 also requires
the DNI and Secretary of Defense to jointly submit a report on de-
veloping federal wireless network testbeds for development of fifth-
generation technologies for U.S. military and dual-use applications
using open interface standards-based compatible, interoperable
equipment. This report should include an assessment of efforts by
foreign governments to build wireless network testbeds for
virtualized telecommunication technologies. Both reports shall be
in unclassified form with a classified annex, if required.
Section 502. Report on attempts by foreign adversaries to build tele-
communications and cybersecurity equipment and services for,
or to provide such equipment and services to, certain allies of
the United States
Section 502 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 in-
tend to use adversary telecommunications or cybersecurity equip-
ment, especially as provided by China or Russia, with a description
of potential vulnerabilities of that information and assessment of
mitigation options.
Section 503. Report on threats posed by use by foreign governments
and entities of commercially available cyber intrusion and sur-
veillance technology
Section 503 requires the DNI to submit a report to the congres-
sional intelligence committees on the threats posed by foreign gov-
ernments and foreign entities using and appropriating commer-
cially available cyber intrusion and other surveillance technology.
dlhill on DSK120RN23PROD with HEARING
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
9
Section 504. Reports on recommendation of the Cyberspace Solar-
ium Commission
Section 504 requires the ODNI, Department of Homeland Secu-
rity (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 Depart-
ment 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 ex-
pects to take to implement these recommendations.
Section 505. Assessment of critical technology trends relating to ar-
tificial intelligence, microchips, and semiconductors and related
supply chains
Section 505 requires the DNI to complete an assessment of ex-
port controls related to artificial intelligence (AI), microchips, ad-
vanced manufacturing equipment, and other AI-enabled tech-
nologies, including the identification of opportunities for further co-
operation with international partners.
Section 506. Duty to report counterintelligence threats to campaigns
Section 506 requires that Federal presidential campaigns must
report to the Federal Bureau of Investigation (FBI) within one
week any offers to contribute, donate, expend, disburse, or solicit
as prohibited under 50 U.S.C. § 30121 by the following individuals:
a foreign principal as defined in the Foreign Agent Registration
Act; a person acting at the direction of a foreign principal; or a per-
son included in the list of specially designated nationals or blocked
person by the Treasury Department’s Office of Foreign Asset Con-
trol. Section 506 further requires Federal campaigns to establish a
policy to retain and preserve records related to reportable foreign
contacts for not less than three years, and enacts criminal pen-
alties for willful violations of this section.
Section 507. Combating Chinese influence operations in the United
States and strengthening civil liberties protections
Section 507 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 man-
dating an identification of influence operations by the CCP against
the science and technology sector in the United States. Section 507
also requires the FBI to create a plan, in consultation with stake-
holders outside the Intelligence Community to increase public
awareness and detection of influence activities by the CCP. Finally,
Section 507 requires the FBI, in consultation with the Assistant At-
torney General for the Civil Rights and the Chief Privacy and Civil
Liberties Officer of the Department of Justice, to develop rec-
ommendations to strengthen relationships with communities tar-
geted by the CCP and to build trust with such communities
dlhill on DSK120RN23PROD with HEARING
through local and regional grassroots outreach.
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
10
Section 508. Annual report on corrupt activities of senior officials of
the Chinese Communist Party
Section 508 requires the CIA, in coordination with the Depart-
ment 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 corrup-
tion of senior officials of the Chinese Communist Party (CCP), as
well as targeted financial measures, including potential targets for
sanctions designation. Section 508 further expresses the Sense of
Congress that the United States should undertake every effort and
pursue every opportunity to expose the corruption and illicit prac-
tices of senior officials of the CCP, including President Xi Jinping.
Section 509. Report on corrupt activities of Russian and other East-
ern European oligarchs
Section 509 requires the CIA, in coordination with the Depart-
ment 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 de-
scribes the corruption and corrupt or illegal activities among Rus-
sian and other Eastern European oligarchs who support the Rus-
sian government and Russian President Vladimir Putin, and the
impact of those activities on the economy and citizens of Russia.
Section 509 further requires the CIA, in coordination with the De-
partment of Treasury’s Office of Intelligence and Analysis, to de-
scribe potential sanctions that could be imposed for such activities.
Section 510. Report on biosecurity risk and disinformation by the
Chinese Communist Party and the Government of the People’s
Republic of China
Section 510 requires the DNI to submit to the designated con-
gressional 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 informa-
tion regarding the novel coronavirus pandemic, including specific
related assessments. Section 510 further provides that the report
shall be submitted in unclassified form, but may have a classified
annex.
Section 511. Report on effect of lifting of United Nations arms em-
bargo on Islamic Republic of Iran
Section 511 requires the DIA to submit to designated congres-
sional committees a report on the Government of the Islamic Re-
public of Iran’s plans to acquire military arms if the United Na-
tions Security Council’s resolutions’ ban on arms transfers to or
from the Government of the Islamic Republic of Iran is lifted, as
well as the effects such arms acquisitions may have on regional se-
curity and stability.
Section 512. Report on Iranian activities relating to nuclear non-
proliferation
Section 512 directs the DNI to submit a report on any relevant
activities relating to nuclear weapons research and development by
dlhill on DSK120RN23PROD with HEARING
the Islamic Republic of Iran and any relevant efforts to afford or
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
11
deny international access to related facilities in accordance with
international non-proliferation agreements.
Section 513. Sense of Congress on Third Option Foundation
Section 513 expresses the sense of Congress that the Third Op-
tion 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 Intel-
ligence Authorization Act for Fiscal Years 2018, 2019, and 2020,
which provided special rules for certain monthly workers’ com-
pensation payments and other payments to CIA personnel.
COMMITTEE COMMENTS
Equitable Treatment of Relocation Costs for Intelligence Community
Civilians
As demonstrated in The Intelligence Community Workforce Agil-
ity Protection Act of 2020, S. 3675, introduced by Senators Burr
and Warner, the Committee strongly supports IC personnel who
must make a permanent change of station to accept an IC position.
The Committee recognizes such relocations pose significant finan-
cial hardships for the IC civilians who move their families to serve
their country. Current law provides military members with exemp-
tions from effective tax penalties for such relocations, but IC civil-
ians have no similar exemptions, thus undermining the IC’s ability
to recruit and maintain a highly qualified and motivated workforce.
The Intelligence Community Workforce Agility Protection Act of
2020 would provide equitable tax treatment for IC civilians who
are subject to similar permanent change of station orders. The
Committee looks forward to expeditious congressional action on
this matter.
Advanced Aerial Threats
The Committee supports the efforts of the Unidentified Aerial
Phenomenon Task Force at the Office of Naval Intelligence to
standardize collection and reporting on unidentified aerial phe-
nomenon, any links they have to adversarial foreign governments,
and the threat they pose to U.S. military assets and installations.
However, the Committee remains concerned that there is no uni-
fied, comprehensive process within the Federal Government for col-
lecting and analyzing intelligence on unidentified aerial phe-
nomena, despite the potential threat. The Committee understands
that the relevant intelligence may be sensitive; nevertheless, the
Committee finds that the information sharing and coordination
across the Intelligence Community has been inconsistent, and this
issue has lacked attention from senior leaders.
Therefore, the Committee directs the DNI, in consultation with
the Secretary of Defense and the heads of such other agencies as
the Director and Secretary jointly consider relevant, to submit a re-
port within 180 days of the date of enactment of the Act, to the
congressional intelligence and armed services committees on un-
identified aerial phenomena (also known as ‘‘anomalous aerial vehi-
cles’’), including observed airborne objects that have not been iden-
dlhill on DSK120RN23PROD with HEARING
tified.
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
12
The Committee further directs the report to include:
1. A detailed analysis of unidentified aerial phenomena data
and intelligence reporting collected or held by the Office of
Naval Intelligence, including data and intelligence reporting
held by the Unidentified Aerial Phenomena Task Force;
2. A detailed analysis of unidentified phenomena data col-
lected by:
a. geospatial intelligence;
b. signals intelligence;
c. human intelligence; and
d. measurement and signals intelligence;
3. A detailed analysis of data of the FBI, which was derived
from investigations of intrusions of unidentified aerial phe-
nomena data over restricted United States airspace;
4. A detailed description of an interagency process for ensur-
ing timely data collection and centralized analysis of all un-
identified aerial phenomena reporting for the Federal Govern-
ment, regardless of which service or agency acquired the infor-
mation;
5. Identification of an official accountable for the process de-
scribed in paragraph 4;
6. Identification of potential aerospace or other threats posed
by the unidentified aerial phenomena to national security, and
an assessment of whether this unidentified aerial phenomena
activity may be attributed to one or more foreign adversaries;
7. Identification of any incidents or patterns that indicate a
potential adversary may have achieved breakthrough aero-
space capabilities that could put United States strategic or con-
ventional forces at risk; and
8. Recommendations regarding increased collection of data,
enhanced research and development, and additional funding
and other resources.
The report shall be submitted in unclassified form, but may in-
clude a classified annex.
Coordination of Security for Domestic Military Installations and
Other Facilities
The Committee is concerned that, as a result of several recent in-
cidents of attempted unauthorized access to Naval Air Station Key
West and Fort Story, Virginia by Chinese nationals, several secu-
rity vulnerabilities have been discovered. Foreign adversaries may
be systematically probing military installations and facilities, and
it is important that the Department of Defense take responsibility
for ensuring security measures are adequate, unauthorized ac-
cesses are tracked, and uniform reporting requirements for at-
tempted unauthorized accesses are established.
Therefore, the Committee directs the Under Secretary of Defense
for Intelligence and Security (USD(I&S)), in coordination with the
DNI and the Director of the FBI, to establish within the Office of
the USD(I&S) a designee responsible for coordination of security
for domestic military installations and other domestic military fa-
cilities. Specifically, the designee’s responsibilities shall include
tracking unauthorized incursions into domestic military installa-
dlhill on DSK120RN23PROD with HEARING
tions and facilities and attempts at such incursions.
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
13
The Committee further directs that, within 180 days of enact-
ment of this Act, such individual shall develop a strategy for secu-
rity and counterintelligence collection that defines the capability
requirements, responsibilities, and processes for security and coun-
terintelligence for domestic military installations and other domes-
tic military facilities. In addition, not less frequently than once
each year, the Under Secretary shall, in consultation with the
heads of other appropriate elements of the DoD and the IC, brief
the intelligence and armed services committees on the:
1. Activities of the designee; and
2. Current and anticipated trends and developments in con-
nection with security for domestic military installations and
other domestic military facilities.
Processing, Exploitation, and Dissemination Modernization and In-
tegration Efforts of the Algorithmic Warfare Cross-functional
Team of the Department of Defense
The Committee is concerned with the intelligence silos that have
resulted from isolated procurement programs that store data in in-
dividual repositories, each with its own set of cataloging procedures
and proprietary technologies. This, in turn, potentially limits ad-
vantageous communications among databases, causes vital intel-
ligence to go undetected, and causes duplication of separately-lo-
cated analysts’ efforts in reviewing other, less vital, intelligence in-
formation.
Therefore, the Committee directs the head of the Algorithmic
Warfare Cross-Functional Team, as established in the Department
of Defense by memorandum dated April 26, 2017, to submit to the
congressional intelligence and armed services committees within
180 days of enactment of the Act, a report that includes:
1. Recommendations for the delineation of efforts between
the Team and the Joint Artificial Intelligence Center, espe-
cially with respect to data labeling, testing and evaluation;
2. Recommendations for resource sharing across the intel-
ligence community for test and evaluation as Project Maven
transitions its independent lines of effort;
3. The plan of the Team to integrate unsupervised artificial
intelligence algorithms (e.g., algorithms that learn from data
without being trained, allowing the artificial intelligence to
self-improve) into Project Maven;
4. The plan of the Team to incorporate independent data re-
positories located across the intelligence community, irrespec-
tive of the element providing the data or the domain they are
resident to, into Project Maven; and
5. The plan of the Team to ensure that development of Proc-
essing, Exploitation, and Dissemination technology that will fa-
cilitate and enhance the capability of analysts to rapidly search
across near real-time sensors, leverage historical data, and
identify valuable intelligence is incorporated into the Defense
Intelligence Agency Machine-assisted Analytic Rapid-repository
System.
dlhill on DSK120RN23PROD with HEARING
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
14
Plan for Assessing Government Agency Counterintelligence Pro-
grams
Adversary intelligence and security service efforts to monitor, ac-
cess, penetrate, and/or manipulate government facilities, personnel,
networks, and supply chains have become increasingly more so-
phisticated, as described in the National Counterintelligence Strat-
egy of the United States. Many national security agencies, to in-
clude those in the DoD and IC, have mature and robust counter-
intelligence programs to preserve the integrity of their systems.
However, many agencies’ programs lag behind, either because they
do not believe they are at risk or because of internal funding chal-
lenges. Therefore, the Committee directs the Director of the Na-
tional Counterintelligence and Security Center to develop a plan
within 90 days of enactment of this Act for assessing the effective-
ness of all government agency counterintelligence programs. This
plan should address the standards and methods of assessment that
may apply for different categories of executive agencies; phasing of
implementation over a five-year timeframe to cover all government
counterintelligence; the periodicity for updated assessments; and
annual costs to conduct these assessment and any recommendation
for a cost recovery mechanism.
Security Clearance Procedures and Rights to Appeal
Section 401 of the Act provides appeal rights and procedures for
security clearance eligibility determinations. This provision is not
intended to impede agency decisions regarding access to classified
information for a limited purpose or duration (e.g., regarding an
election or one-time read-ins for a specific event or threat). The
Committee does, however, expect agencies to keep Congress fully
and currently informed of any limited purpose or duration grants
of access. Finally, the Committee expects the DNI-level appeals
panel to exercise judgment and review only those appeals that the
panel concludes have evidentiary and jurisdictional merit.
Supporting Industry during Coronavirus
Congress passed the Coronavirus Aid, Relief, and Economic Secu-
rity Act (CARES Act) in March 2020 to provide necessary assist-
ance to the American economy during the coronavirus pandemic.
An important element of that Act was Section 3610, which provided
agencies authorities to modify contracts for companies supporting
the government. This provision was critical to the defense indus-
trial base. The Committee believes that consistent interpretation of
Section 3610, particularly as it relates to work conducted at con-
tractor facilities, cost reimbursement methodology, adjustments in
payment plans, and adjustments in contract periods of perform-
ance, is essential to reducing uncertainty and sustaining a vibrant
national security sector. The Committee looks forward to working
with the IC elements in identifying if any additional authorities or
resources are necessary and identifying lessons learned for any fu-
ture national emergency.
Efficient Use of Sensitive Compartmented Information Facilities
The Committee is concerned that there are unnecessary chal-
lenges to the utilization of Sensitive Compartmented Information
dlhill on DSK120RN23PROD with HEARING
Facility (SCIF) spaces by multiple programs among IC and Depart-
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
15
ment of Defense components and their appropriately cleared gov-
ernment contractors. These challenges result in inefficient use of
SCIFs and classified networks. The Committee finds that it is im-
portant to support collaboration and related efficiencies by sharing
SCIF spaces.
Therefore, the Committee directs the DNI, in consultation with
the Secretary of Defense, to issue, within 180 days after enactment
of this Act, revised guidance authorizing and directing government
agencies and their appropriately cleared contractors to process,
store, use, and discuss sensitive compartmented information (SCI)
at facilities previously approved to handle SCI, without need for
further approval by agency or by site. This guidance shall apply to
both IC-controlled access programs and DoD special access pro-
grams.
COMMITTEE ACTION
On June 3, 2020, a quorum being present, the Committee met to
consider the bill and amendments. The Committee took the fol-
lowing actions:
Votes on amendments to the committee bill and the classified annex
By unanimous consent, the Committee made the Acting Chair-
man and Vice Chairman’s bill, together with the classified annex
for Fiscal Year 2021, the base text for purposes of amendment.
By voice vote, the Committee adopted en bloc three amendments
to the classified annex, as follows: (1) a second-degree amendment
by Acting Chairman Rubio; (2) an amendment by Acting Chairman
Rubio; and (3) a second-degree amendment by Senator Sasse.
By voice vote, the Committee adopted en bloc five amendments
to the bill, as follows: (1) an amendment by Senator Burr and co-
sponsored by Vice Chairman Warner, to improve provisions relat-
ing to the IC Information Technology Environment; (2) an amend-
ment by Senator Risch and cosponsored by Senator King, to require
reporting on Cyberspace Solarium Commission recommendations;
(3) a second-degree amendment by Acting Chairman Rubio and co-
sponsored by Senators Risch, Blunt, Cotton, Cornyn, and Sasse, to
improve Section 322; (4) an amendment by Senator Bennet and co-
sponsored by Vice Chairman Warner and Senators Cotton and Cor-
nyn, to require an assessment of critical technology trends related
to artificial intelligence; and (5) an amendment by Senator Cotton
to require a report on Iranian activities relating to nuclear non-
proliferation.
By voice vote, the Committee adopted an amendment by Senator
Burr and cosponsored by Vice Chairman Warner, which provides
the legal authorities required for the Director of the CIA to im-
prove recruitment in the areas of science, technology, engineering,
arts, and mathematics (known as STEAM) necessary to meet long-
term national security needs.
By voice vote, the Committee adopted a second-degree amend-
ment by Vice Chairman Warner and cosponsored by Senators Col-
lins and Bennet, to an amendment by Vice Chairman Warner, and
cosponsored by Senators Collins and Bennet, that requires Federal
presidential campaigns to report to the FBI illegal offers of assist-
ance by known foreign agents. The second-degree amendment ex-
dlhill on DSK120RN23PROD with HEARING
empted unpaid volunteers from such reporting requirements and
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
16
reduced the criminal penalties. By a vote of 8 ayes and 7 noes, the
Committee adopted the amendment by Vice Chairman Warner, and
cosponsored by Senators Collins and Bennet, as modified by the
second-degree amendment. The votes in person were as follows:
Acting Chairman Rubio—no; Senator Burr—no; Senator Risch—no;
Senator Collins—aye; Senator Blunt—no; Senator Cotton—no; Sen-
ator Cornyn—no; Senator Sasse—no; Vice Chairman Warner—aye;
Senator Feinstein—aye; Senator Wyden—aye; Senator Heinrich—
aye; Senator King—aye; Senator Harris—aye; and Senator Ben-
net—aye.
By a vote of 7 ayes and 8 noes, the Committee did not adopt an
amendment by Senator Wyden to establish the DNI as the Execu-
tive Agent for Federal government-wide declassification processes
and requirements. The votes in person were as follows: Acting
Chairman Rubio—no; Senator Burr—no; Senator Risch—no; Sen-
ator Collins—no; Senator Blunt—no; Senator Cotton—no; Senator
Cornyn—no; Senator Sasse—no; Vice Chairman Warner—aye; Sen-
ator Feinstein—aye; Senator Wyden—aye; Senator Heinrich—aye;
Senator King—aye; Senator Harris—aye; and Senator Bennet—
aye.
Votes to report the committee bill
On June 3, 2020, the Committee voted to report the bill, as
amended, by a vote of 14 ayes and one no. The votes in person or
by proxy were as follows: Acting Chairman Rubio—aye; Senator
Burr—aye; Senator Risch—aye; Senator Collins—aye; Senator
Blunt—aye; Senator Cotton—aye; Senator Cornyn—aye; Senator
Sasse—aye; Vice Chairman Warner—aye; Senator Feinstein—aye;
Senator Wyden—no; Senator Heinrich—aye; Senator King—aye;
Senator Harris—aye; and Senator Bennet—aye.
By unanimous consent, the Committee authorized the staff to
make technical and conforming changes to the bill and classified
annex.
COMPLIANCE WITH RULE XLIV
Rule XLIV of the Standing Rules of the Senate requires publica-
tion of a list of any ‘‘congressionally directed spending item, limited
tax benefit, and limited tariff benefit’’ that is included in the bill
or the committee report accompanying the bill. Consistent with the
determination of the Committee not to create any congressionally
directed spending items or earmarks, none have been included in
the bill, the report to accompany it, or the classified schedule of au-
thorizations. The bill, report, and classified schedule of authoriza-
tions also contain no limited tax benefits or limited tariff benefits.
ESTIMATE OF COSTS
Pursuant to paragraph 11(a)(3) of rule XXVI of the Standing
Rules of the Senate, the Committee deems it impractical to include
an estimate of the costs incurred in carrying out the provisions of
this report due to the classified nature of the operations conducted
pursuant to this legislation. On June 8, 2020, the Committee trans-
mitted this bill to the Congressional Budget Office and requested
an estimate of the costs incurred in carrying out the unclassified
dlhill on DSK120RN23PROD with HEARING
provisions.
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
17
EVALUATION OF REGULATORY IMPACT
In accordance with paragraph 11(b) of rule XXVI of the Standing
Rules of the Senate, the Committee finds that no substantial regu-
latory impact will be incurred by implementing the provisions of
this legislation.
CHANGES TO EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee finds that it is necessary to dis-
pense with the requirement of paragraph 12 to expedite the busi-
ness of the Senate.
dlhill on DSK120RN23PROD with HEARING
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00017 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233
MINORITY VIEWS OF SENATOR WYDEN
Despite its strong provisions, I voted against the Fiscal Year
2021 Intelligence Authorization Act because the legislation failed to
reform a broken, costly declassification system. Years of reports,
from the Information Security Oversight Office (ISOO) and the
Public Interest Declassification Board (PIDB), have documented
how a flood of digital classification has overwhelmed the federal
government’s obsolete declassification system. There is a con-
sensus, inside and outside government, that the system is
unsustainable.
The ISOO has determined that the cost of classification continues
to increase and now exceeds $18 billion annually. A dysfunctional
system that lets more and more classified records pile up wastes
a significant portion of that amount, while undermining trans-
parency and doing nothing to protect national security.
There is no dispute about the severity of the problem, nor about
the solution—modernization of the declassification system. Senator
Jerry Moran and I have introduced bipartisan legislation (S. 3733)
to charge the Director of National Intelligence with modernizing
declassification, a recommendation also made by the PIDB. I am
disappointed that the Committee rejected efforts to adopt this com-
monsense bipartisan reform and address this ever-growing crisis.
The bill includes a number of important Intelligence Community
whistleblower protection provisions, four of which were included at
the behest of Vice Chairman Warner and myself. Those provisions
protect from outside interference the Inspector General’s deter-
minations about what whistleblower complaints to submit to Con-
gress, prohibit the public disclosure of whistleblowers’ identities,
prohibit whistleblower complaints from being shared with the sub-
jects of those complaints, and provide a channel for whistleblowers
to come directly to Congress without interference from the DNI.
Unnecessarily restrictive language was added to the provision fa-
cilitating direct whistleblower communications with Congress. The
Intelligence Community Whistleblower Protection Act created a
process for whistleblowers to communicate with the ‘‘intelligence
committees,’’ whereas the bill appears to limit such communication
to the Chairman and Vice Chairman, or certain nonpartisan staff.
To the extent the bill creates new limitations on efforts by whistle-
blowers to convey concerns to members of Congress, the language
in the bill should be modified or clarified.
The bill includes a fifth whistleblower provision I proposed that
protects whistleblowers whose security clearances are revoked or
who face an adverse access determination by requiring that the
government demonstrate by clear and convincing evidence that the
agency would have made the same security clearance or access de-
termination in the absence of the whistleblower’s disclosure.
(18)
dlhill on DSK120RN23PROD with HEARING
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00018 Fmt 6604 Sfmt 6604 E:\HR\OC\SR233.XXX SR233
19
It also includes my provision requiring a report on the threat
posed by the proliferation of commercial spyware as well as U.S.
government efforts to counter that threat.
Finally, I am pleased that the Classified Annex requires a report
with information that Senator Heinrich and I have been seeking
related to collection conducted pursuant to Executive Order 12333.
RON WYDEN.
Æ
dlhill on DSK120RN23PROD with HEARING
VerDate Sep 11 2014 01:03 Jun 20, 2020 Jkt 099010 PO 00000 Frm 00019 Fmt 6604 Sfmt 6611 E:\HR\OC\SR233.XXX SR233
File and source
- File
- CRPT_crpt-116srpt233_crpt-116srpt233.pdf
- Size
- 229,173 bytes
- SHA-256
- 34fa7305b793f92d18066929879894848f68e235c747bc2bf42de6b56bc83d3f
- Original
- www.govinfo.gov