II 

Calendar No. 477 

116TH CONGRESS 

2D SESSION S. 3905 

To authorize appropriations for fiscal year 2021 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence 

Agency Retirement and Disability System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2020 

Mr. RUBIO, from the Select Committee on Intelligence, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

To authorize appropriations for fiscal year 2021 for intelligence and intelligence-related activities of the United 

States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Intelligence Authorization Act for Fiscal Year 2021’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Intelligence Community Management Account. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—INTELLIGENCE COMMUNITY MATTERS 

Subtitle A—General Intelligence Community Matters 

Sec. 301. Restriction on conduct of intelligence activities. 

Sec. 302. Increase in employee compensation and benefits authorized by law. 

Sec. 303. Clarification of authorities and responsibilities of National Manager 

for National Security Telecommunications and Information 

Systems Security. 

Sec. 304. Continuity of operations plans for certain elements of the intelligence 

community in the case of a national emergency. 

Sec. 305. Application of Executive Schedule level III to positions of Director of 

National Security Agency and Director of National Reconnaissance Office. 

Sec. 306. National Intelligence University. 

Sec. 307. Requiring facilitation of establishment of Social Media Data and 

Threat Analysis Center. 

Sec. 308. Data collection on attrition in intelligence community. 

Sec. 309. Limitation on delegation of responsibility for program management of 

information-sharing environment. 

Sec. 310. Improvements to provisions relating to intelligence community information technology environment. 

Sec. 311. Requirements and authorities for Director of the Central Intelligence 

Agency to improve education in science, technology, engineering, arts, and mathematics. 

Subtitle B—Inspector General of the Intelligence Community 

Sec. 321. Prohibition against disclosure of whistleblower identity as reprisal 

against whistleblower disclosure by employees and contractors 

in intelligence community. 

Sec. 322. Clarification of standards regarding whistleblower complaints and information of urgent concern received by Inspector General of 

the Intelligence Community. 

Sec. 323. Clarification regarding submittal of complaints and information by 

whistleblowers in the intelligence community to Congress. 

Sec. 324. Limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints. 


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Subtitle C—Reports and Assessments Pertaining to Intelligence Community 

Sec. 331. 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. 

Sec. 332. 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. 

Sec. 333. Report on signals intelligence priorities and requirements. 

Sec. 334. Assessment of demand for student loan repayment program benefit. 

Sec. 335. Assessment of intelligence community demand for child care. 

Sec. 336. Open source intelligence strategies and plans for the intelligence community. 

Sec. 337. Plan for establishing an element of the intelligence community within 

the United States Space Force. 

TITLE IV—SECURITY CLEARANCES AND TRUSTED WORKFORCE 

Sec. 401. Exclusivity, consistency, and transparency in security clearance procedures, and right to appeal. 

Sec. 402. Establishing process parity for security clearance revocations. 

Sec. 403. Federal policy on sharing of derogatory information pertaining to 

contractor employees in the trusted workforce. 

TITLE V—REPORTS AND OTHER MATTERS 

Sec. 501. Secure and trusted technology. 

Sec. 502. Report on attempts by foreign adversaries to build telecommunications and cybersecurity equipment and services for, or to provide such equipment and services to, certain allies of the 

United States. 

Sec. 503. Report on threats posed by use by foreign governments and entities 

of commercially available cyber intrusion and surveillance technology. 

Sec. 504. Reports on recommendations of the Cyberspace Solarium Commission. 

Sec. 505. Assessment of critical technology trends relating to artificial intelligence, microchips, and semiconductors and related supply 

chains. 

Sec. 506. Duty to report couterintelligence threats to campaigns. 

Sec. 507. Combating Chinese influence operations in the United States and 

strengthening civil liberties protections. 

Sec. 508. Annual report on corrupt activities of senior officials of the Chinese 

Communist Party. 

Sec. 509. Report on corrupt activities of Russian and other Eastern European 

oligarchs. 

Sec. 510. Report on biosecurity risk and disinformation by the Chinese Communist Party and the Government of the People’s Republic of 

China. 

Sec. 511. Report on effect of lifting of United Nations arms embargo on Islamic Republic of Iran. 

Sec. 512. Report on Iranian activities relating to nuclear nonproliferation. 

Sec. 513. Sense of Congress on Third Option Foundation. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence com5 mittees’’ has the meaning given such term in section 

6 3 of the National Security Act of 1947 (50 U.S.C. 

7 3003). 

8 (2) INTELLIGENCE COMMUNITY.—The term 

9 ‘‘intelligence community’’ has the meaning given 

10 such term in such section. 

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 Intel19 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 (6) The Department of the Army, the Depart25 ment of the Navy, and the Department of the Air 

26 Force. 


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1 (7) The Coast Guard. 

2 (8) The Department of State. 

3 (9) The Department of the Treasury. 

4 (10) The Department of Energy. 

5 (11) The Department of Justice. 

6 (12) The Federal Bureau of Investigation. 

7 (13) The Drug Enforcement Administration. 

8 (14) The National Reconnaissance Office. 

9 (15) The National Geospatial-Intelligence Agen10 cy. 

11 (16) The Department of Homeland Security. 

12 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

13 (a) SPECIFICATIONS OF AMOUNTS.—The amounts 

14 authorized to be appropriated under section 101 for the 

15 conduct of the intelligence activities of the elements listed 

16 in paragraphs (1) through (16) of section 101, are those 

17 specified in the classified Schedule of Authorizations pre18 pared to accompany this Act. 

19 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU20 THORIZATIONS.— 

21 (1) AVAILABILITY.—The classified Schedule of 

22 Authorizations referred to in subsection (a) shall be 

23 made available to the Committee on Appropriations 

24 of the Senate, the Committee on Appropriations of 

25 the House of Representatives, and to the President. 


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1 (2) DISTRIBUTION BY THE PRESIDENT.—Sub2 ject to paragraph (3), the President shall provide for 

3 suitable distribution of the classified Schedule of Au4 thorizations referred to in subsection (a), or of ap5 propriate portions of such Schedule, within the exec6 utive branch of the Federal Government. 

7 (3) LIMITS ON DISCLOSURE.—The President 

8 shall not publicly disclose the classified Schedule of 

9 Authorizations or any portion of such Schedule ex10 cept— 

11 (A) as provided in section 601(a) of the 

12 Implementing Recommendations of the 9/11 

13 Commission Act of 2007 (50 U.S.C. 3306(a)); 

14 (B) to the extent necessary to implement 

15 the budget; or 

16 (C) as otherwise required by law. 

17 SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC18 COUNT. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated for the Intelligence Commu21 nity Management Account of the Director of National In22 telligence for fiscal year 2021 the sum of $731,200,000. 

23 (b) CLASSIFIED AUTHORIZATION OF APPROPRIA24 TIONS.—In addition to amounts authorized to be appro25 priated for the Intelligence Community Management AcVerDate Sep 11 2014 00:27 Jun 09, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3905.RS S3905

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1 count by subsection (a), there are authorized to be appro2 priated for the Intelligence Community Management Ac3 count for fiscal year 2021 such additional amounts as are 

4 specified in the classified Schedule of Authorizations re5 ferred to in section 102(a). 

6 TITLE II—CENTRAL INTEL7 LIGENCE AGENCY RETIRE8 MENT AND DISABILITY SYS9 TEM 

10 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

11 There is authorized to be appropriated for the Cen12 tral Intelligence Agency Retirement and Disability Fund 

13 $514,000,000 for fiscal year 2021. 

14 TITLE III—INTELLIGENCE 

15 COMMUNITY MATTERS 

16 Subtitle A—General Intelligence 

17 Community Matters 

18 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 

19 ACTIVITIES. 

20 The authorization of appropriations by this Act shall 

21 not be deemed to constitute authority for the conduct of 

22 any intelligence activity which is not otherwise authorized 

23 by the Constitution or the laws of the United States. 


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1 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 

2 BENEFITS AUTHORIZED BY LAW. 

3 Appropriations authorized by this Act for salary, pay, 

4 retirement, and other benefits for Federal employees may 

5 be increased by such additional or supplemental amounts 

6 as may be necessary for increases in such compensation 

7 or benefits authorized by law. 

8 SEC. 303. CLARIFICATION OF AUTHORITIES AND RESPON9 SIBILITIES OF NATIONAL MANAGER FOR NA10 TIONAL SECURITY TELECOMMUNICATIONS 

11 AND INFORMATION SYSTEMS SECURITY. 

12 (a) DELEGATION OF AUTHORITIES AND RESPON13 SIBILITIES.— 

14 (1) IN GENERAL.—The National Manager for 

15 National Security Telecommunications and Informa16 tion Systems Security, as designated by National Se17 curity Directive 42 (signed by the President on July 

18 5, 1990), may delegate the authorities and respon19 sibilities assigned the National Manager under such 

20 Directive to a Deputy National Manager for Na21 tional Security Telecommunications and Information 

22 Systems Security. 

23 (2) LIMITATION.—The authority to delegate 

24 under paragraph (1) may not be further delegated 

25 below the Deputy National Manager. 

26 (b) SCOPE OF RESPONSIBILITIES.— 


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1 (1) NATIONAL MANAGER.— 

2 (A) IN GENERAL.—In carrying out the au3 thorities and responsibilities of the National 

4 Manager under National Security Directive 42, 

5 the National Manager may supervise, oversee, 

6 or execute, either directly or indirectly, the In7 formation Systems Security Program. 

8 (B) LIMITATION.—In carrying out the au9 thorities and responsibilities of the National 

10 Manager under National Security Directive 42, 

11 the National Manager shall not supervise, over12 see, or execute, either directly or indirectly, any 

13 aspect of the National Intelligence Program or 

14 the Military Intelligence Program, except to the 

15 degree that doing so is necessary to supervise, 

16 oversee, or execute the Information Systems Se17 curity Program as described in subparagraph 

18 (A). 

19 (2) DEPUTY NATIONAL MANAGER.— 

20 (A) IN GENERAL.—In a case in which the 

21 National Manager delegates authorities and re22 sponsibilities to a Deputy National Manager 

23 under subsection (a)(1), the Deputy National 

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1 ther directly or indirectly, the Information Sys2 tems Security Program. 

3 (B) LIMITATION.—In a case described in 

4 subparagraph (A), the Deputy National Man5 ager shall not supervise, oversee, or execute, ei6 ther directly or indirectly, any aspect of the Na7 tional Intelligence Program or the Military In8 telligence Program, except to the degree that 

9 doing so is necessary to supervise, oversee, or 

10 execute the Information Systems Security Pro11 gram as described in subparagraph (A). 

12 SEC. 304. CONTINUITY OF OPERATIONS PLANS FOR CER13 TAIN ELEMENTS OF THE INTELLIGENCE 

14 COMMUNITY IN THE CASE OF A NATIONAL 

15 EMERGENCY. 

16 (a) DEFINITION OF COVERED NATIONAL EMER17 GENCY.—In this section, the term ‘‘covered national emer18 gency’’ means the following: 

19 (1) A major disaster declared by the President 

20 under section 401 of the Robert T. Stafford Disaster 

21 Relief and Emergency Assistance Act (42 U.S.C. 

22 5170). 

23 (2) An emergency declared by the President 

24 under section 501 of the Robert T. Stafford Disaster 


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1 Relief and Emergency Assistance Act (42 U.S.C. 

2 5191). 

3 (3) A national emergency declared by the Presi4 dent under the National Emergencies Act (50 

5 U.S.C. 1601 et seq.). 

6 (4) A public health emergency declared under 

7 section 319 of the Public Health Service Act (42 

8 U.S.C. 247d). 

9 (b) IN GENERAL.—The Director of National Intel10 ligence, the Director of the Central Intelligence Agency, 

11 the Director of the National Reconnaissance Office, the 

12 Director of the Defense Intelligence Agency, the Director 

13 of the National Security Agency, and the Director of the 

14 National Geospatial-Intelligence Agency shall each estab15 lish continuity of operations plans for use in the case of 

16 covered national emergencies for the element of the intel17 ligence community concerned. 

18 (c) SUBMISSION TO CONGRESS.— 

19 (1) DIRECTOR OF NATIONAL INTELLIGENCE

20 AND DIRECTOR OF THE CENTRAL INTELLIGENCE

21 AGENCY.—Not later than 7 days after the date on 

22 which a covered national emergency is declared, the 

23 Director of National Intelligence and the Director of 

24 the Central Intelligence Agency shall each submit to 

25 the congressional intelligence committees the plan 


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1 established under subsection (b) for that emergency 

2 for the element of the intelligence community con3 cerned. 

4 (2) DIRECTOR OF NATIONAL RECONNAISSANCE

5 OFFICE, DIRECTOR OF DEFENSE INTELLIGENCE

6 AGENCY, DIRECTOR OF NATIONAL SECURITY AGEN7 CY, AND DIRECTOR OF NATIONAL GEOSPATIAL-IN8 TELLIGENCE AGENCY.—Not later than 7 days after 

9 the date on which a covered national emergency is 

10 declared, the Director of the National Reconnais11 sance Office, the Director of the Defense Intelligence 

12 Agency, the Director of the National Security Agen13 cy, and the Director of the National Geospatial-In14 telligence Agency shall each submit the plan estab15 lished under subsection (b) for that emergency for 

16 the element of the intelligence community concerned 

17 to the following: 

18 (A) The congressional intelligence commit19 tees. 

20 (B) The Committee on Armed Services of 

21 the Senate. 

22 (C) The Committee on Armed Services of 

23 the House of Representatives. 

24 (d) UPDATES.—During a covered national emer25 gency, the Director of National Intelligence, the Director 


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1 of the Central Intelligence Agency, the Director of the Na2 tional Reconnaissance Office, the Director of the Defense 

3 Intelligence Agency, the Director of the National Security 

4 Agency, and the Director of the National Geospatial-Intel5 ligence Agency shall each submit any updates to the plans 

6 submitted under subsection (c)— 

7 (1) in accordance with that subsection; and 

8 (2) in a timely manner consistent with section 

9 501 of the National Security Act of 1947 (50 U.S.C. 

10 3091). 

11 SEC. 305. APPLICATION OF EXECUTIVE SCHEDULE LEVEL 

12 III TO POSITIONS OF DIRECTOR OF NA13 TIONAL SECURITY AGENCY AND DIRECTOR 

14 OF NATIONAL RECONNAISSANCE OFFICE. 

15 Section 5314 of title 5, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘Director of the National Security Agency/Cen18 tral Security Service. 

19 ‘‘Director of the National Reconnaissance Of20 fice.’’. 

21 SEC. 306. NATIONAL INTELLIGENCE UNIVERSITY. 

22 (a) IN GENERAL.—Title X of the National Security 

23 Act of 1947 (50 U.S.C. 3191 et seq.) is amended by add24 ing at the end the following: 


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1 ‘‘Subtitle D—National Intelligence 

2 University 

3 ‘‘SEC. 1031. TRANSFER DATE. 

4 ‘‘In this subtitle, the term ‘transfer date’ means the 

5 date on which the National Intelligence University is 

6 transferred from the Defense Intelligence Agency to the 

7 Director of National Intelligence under section 5324(a) of 

8 the National Defense Authorization Act for Fiscal Year 

9 2020 (Public Law 116–92). 

10 ‘‘SEC. 1032. DEGREE-GRANTING AUTHORITY. 

11 ‘‘(a) IN GENERAL.—Beginning on the transfer date, 

12 under regulations prescribed by the Director of National 

13 Intelligence, the President of the National Intelligence 

14 University may, upon the recommendation of the faculty 

15 of the University, confer appropriate degrees upon grad16 uates who meet the degree requirements. 

17 ‘‘(b) LIMITATION.—A degree may not be conferred 

18 under this section unless— 

19 ‘‘(1) the Secretary of Education has rec20 ommended approval of the degree in accordance with 

21 the Federal Policy Governing Granting of Academic 

22 Degrees by Federal Agencies; and 

23 ‘‘(2) the University is accredited by the appro24 priate academic accrediting agency or organization 


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1 to award the degree, as determined by the Secretary 

2 of Education. 

3 ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRE4 MENTS.— 

5 ‘‘(1) ACTIONS ON NONACCREDITATION.—Begin6 ning on the transfer date, the Director shall prompt7 ly— 

8 ‘‘(A) notify the congressional intelligence 

9 committees of any action by the Middle States 

10 Commission on Higher Education, or other ap11 propriate academic accrediting agency or orga12 nization, to not accredit the University to award 

13 any new or existing degree; and 

14 ‘‘(B) submit to such committees a report 

15 containing an explanation of any such action. 

16 ‘‘(2) MODIFICATION OR REDESIGNATION OF DE17 GREE-GRANTING AUTHORITY.—Beginning on the 

18 transfer date, upon any modification or redesigna19 tion of existing degree-granting authority, the Direc20 tor shall submit to the congressional intelligence 

21 committees a report containing— 

22 ‘‘(A) the rationale for the proposed modi23 fication or redesignation; and 


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1 ‘‘(B) any subsequent recommendation of 

2 the Secretary of Education with respect to the 

3 proposed modification or redesignation. 

4 ‘‘SEC. 1033. FACULTY MEMBERS; EMPLOYMENT AND COM5 PENSATION. 

6 ‘‘(a) AUTHORITY OF DIRECTOR.—Beginning on the 

7 transfer date, the Director of National Intelligence may 

8 employ as many professors, instructors, and lecturers at 

9 the National Intelligence University as the Director con10 siders necessary. 

11 ‘‘(b) COMPENSATION OF FACULTY MEMBERS.—The 

12 compensation of persons employed under this section shall 

13 be as prescribed by the Director. 

14 ‘‘(c) COMPENSATION PLAN.—The Director shall pro15 vide each person employed as a professor, instructor, or 

16 lecturer at the University on the transfer date an oppor17 tunity to elect to be paid under the compensation plan in 

18 effect on the day before the transfer date (with no reduc19 tion in pay) or under the authority of this section. 

20 ‘‘SEC. 1034. ACCEPTANCE OF FACULTY RESEARCH GRANTS. 

21 ‘‘The Director of National Intelligence may authorize 

22 the President of the National Intelligence University to 

23 accept qualifying research grants in the same manner and 

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1 fense University under section 2165(e) of title 10, United 

2 States Code. 

3 ‘‘SEC. 1035. CONTINUED APPLICABILITY OF THE FEDERAL 

4 ADVISORY COMMITTEE ACT TO THE BOARD 

5 OF VISITORS. 

6 ‘‘The Federal Advisory Committee Act (5 U.S.C. 

7 App.) shall continue to apply to the Board of Visitors of 

8 the National Intelligence University on and after the 

9 transfer date.’’. 

10 (b) CONFORMING AMENDMENTS.—Section 5324 of 

11 the National Defense Authorization Act for Fiscal Year 

12 2020 (Public Law 116–92) is amended— 

13 (1) in subsection (b)(1)(C), by striking ‘‘sub14 section (e)(2)’’ and inserting ‘‘section 1032(b) of the 

15 National Security Act of 1947’’; 

16 (2) by striking subsections (e) and (f); and 

17 (3) by redesignating subsections (g) and (h) as 

18 subsections (e) and (f), respectively. 

19 (c) CLERICAL AMENDMENT.—The table of contents 

20 of the National Security Act of 1947 is amended by insert21 ing after the item relating to section 1024 the following: 

‘‘Subtitle D—National Intelligence University 

‘‘Sec. 1031. Transfer date. 

‘‘Sec. 1032. Degree-granting authority. 

‘‘Sec. 1033. Faculty members; employment and compensation. 

‘‘Sec. 1034. Acceptance of faculty research grants. 

‘‘Sec. 1035. Continued applicability of the Federal Advisory Committee Act to 

the Board of Visitors.’’. 


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1 SEC. 307. REQUIRING FACILITATION OF ESTABLISHMENT 

2 OF SOCIAL MEDIA DATA AND THREAT ANAL3 YSIS CENTER. 

4 (a) REQUIREMENT TO FACILITATE ESTABLISH5 MENT.—Subsection (c)(1) of section 5323 of the National 

6 Defense Authorization Act for Fiscal Year 2020 (Public 

7 Law 116–92) is amended, by striking ‘‘may’’ and inserting 

8 ‘‘shall’’. 

9 (b) DEADLINE TO FACILITATE ESTABLISHMENT.— 

10 Such subsection is further amended by striking ‘‘The Di11 rector’’ and inserting ‘‘Not later than 180 days after the 

12 date of the enactment of the Intelligence Authorization 

13 Act for Fiscal Year 2021, the Director’’. 

14 (c) CONFORMING AMENDMENTS.— 

15 (1) REPORTING.—Subsection (d) of such sec16 tion is amended— 

17 (A) in the matter before paragraph (1), by 

18 striking ‘‘If the Director’’ and all that follows 

19 through ‘‘the Center, the’’ and inserting ‘‘The’’; 

20 and 

21 (B) in paragraph (1), by striking ‘‘180 

22 days after the date of the enactment of this 

23 Act’’ and inserting ‘‘180 days after the date of 

24 the enactment of the Intelligence Authorization 

25 Act for Fiscal Year 2021’’. 


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1 (2) FUNDING.—Subsection (f) of such section is 

2 amended by striking ‘‘fiscal year 2020 and 2021’’ 

3 and inserting ‘‘fiscal year 2021 and 2022’’. 

4 (3) CLERICAL.—Subsection (c) of such section 

5 is amended— 

6 (A) in the subsection heading, by striking 

7 ‘‘AUTHORITY’’ and inserting ‘‘REQUIREMENT’’; 

8 and 

9 (B) in paragraph (1), in the paragraph 

10 heading, by striking ‘‘AUTHORITY’’ and insert11 ing ‘‘REQUIREMENT’’. 

12 SEC. 308. DATA COLLECTION ON ATTRITION IN INTEL13 LIGENCE COMMUNITY. 

14 (a) STANDARDS FOR DATA COLLECTION.— 

15 (1) IN GENERAL.—Not later than 90 days after 

16 the date of the enactment of this Act, the Director 

17 of National Intelligence shall establish standards for 

18 collecting data relating to attrition in the intelligence 

19 community workforce across demographics, speciali20 ties, and length of service. 

21 (2) INCLUSION OF CERTAIN CANDIDATES.—The 

22 Director shall include, in the standards established 

23 under paragraph (1), standards for collecting data 

24 from candidates who accepted conditional offers of 

25 employment but chose to withdraw from the hiring 


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1 process before entering into service, including data 

2 with respect to the reasons such candidates chose to 

3 withdraw. 

4 (b) COLLECTION OF DATA.—Not later than 120 days 

5 after the date of the enactment of this Act, each element 

6 of the intelligence community shall begin collecting data 

7 on workforce and candidate attrition in accordance with 

8 the standards established under subsection (a). 

9 (c) ANNUAL REPORT.—Not later than 1 year after 

10 the date of the enactment of this Act, and annually there11 after, the Director shall submit to the congressional intel12 ligence committees a report on workforce and candidate 

13 attrition in the intelligence community that includes— 

14 (1) the findings of the Director based on the 

15 data collected under subsection (b); 

16 (2) recommendations for addressing any issues 

17 identified in those findings; and 

18 (3) an assessment of timeliness in processing 

19 hiring applications of individuals previously em20 ployed by an element of the intelligence community, 

21 consistent with the Trusted Workforce 2.0 initiative 

22 sponsored by the Security Clearance, Suitability, and 

23 Credentialing Performance Accountability Council. 


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1 SEC. 309. LIMITATION ON DELEGATION OF RESPONSI2 BILITY FOR PROGRAM MANAGEMENT OF IN3 FORMATION-SHARING ENVIRONMENT. 

4 (a) IN GENERAL.—Section 1016(b) of the Intel5 ligence Reform and Terrorism Prevention Act of 2004 (6 

6 U.S.C. 485(b)), as amended by section 6402(a) of the Na7 tional Defense Authorization Act for Fiscal Year 2020 

8 (Public Law 116–92), is further amended— 

9 (1) in paragraph (1), in the matter before sub10 paragraph (A), by striking ‘‘Director of National In11 telligence’’ and inserting ‘‘President’’; 

12 (2) in paragraph (2), by striking ‘‘Director of 

13 National Intelligence’’ both places it appears and in14 serting ‘‘President’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(3) DELEGATION.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), the President may delegate responsi19 bility for carrying out this subsection. 

20 ‘‘(B) LIMITATION.—The President may 

21 not delegate responsibility for carrying out this 

22 subsection to the Director of National Intel23 ligence.’’. 

24 (b) EFFECTIVE DATE.—The amendments made by 

25 subsection (a) shall take effect on October 1, 2020. 


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1 SEC. 310. IMPROVEMENTS TO PROVISIONS RELATING TO 

2 INTELLIGENCE COMMUNITY INFORMATION 

3 TECHNOLOGY ENVIRONMENT. 

4 Section 6312 of the National Defense Authorization 

5 Act for Fiscal Year 2020 (Public Law 116–92) is amended 

6 by striking subsections (e) through (i) and inserting the 

7 following: 

8 ‘‘(e) LONG-TERM ROADMAP.—Not later than 180 

9 days after the date of the enactment of the Intelligence 

10 Authorization Act for Fiscal Year 2021, the Director of 

11 National Intelligence shall develop and maintain a long12 term roadmap for the intelligence community information 

13 technology environment. 

14 ‘‘(f) BUSINESS PLAN.—Not later than 180 days after 

15 the date of the enactment of the Intelligence Authorization 

16 Act for Fiscal Year 2021, the Director of National Intel17 ligence shall develop and maintain a business plan to im18 plement the long-term roadmap required by subsection 

19 (e).’’. 

20 SEC. 311. REQUIREMENTS AND AUTHORITIES FOR DIREC21 TOR OF THE CENTRAL INTELLIGENCE AGEN22 CY TO IMPROVE EDUCATION IN SCIENCE, 

23 TECHNOLOGY, ENGINEERING, ARTS, AND 

24 MATHEMATICS. 

25 The Central Intelligence Agency Act of 1949 (50 

26 U.S.C. 3501 et seq.) is amended by adding the following: 


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1 ‘‘SEC. 24. IMPROVEMENT OF EDUCATION IN SCIENCE, 

2 TECHNOLOGY, ENGINEERING, ARTS, AND 

3 MATHEMATICS. 

4 ‘‘(a) DEFINITIONS.—In this section: 

5 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en6 tity’ includes a department or agency of the Federal 

7 Government, a State, a political subdivision of a 

8 State, an individual, and a not-for-profit or other or9 ganization in the private sector. 

10 ‘‘(2) EDUCATIONAL INSTITUTION.—The term 

11 ‘educational institution’ includes any public or pri12 vate elementary school or secondary school, institu13 tion of higher education, college, university, or any 

14 other profit or nonprofit institution that is dedicated 

15 to improving science, technology, engineering, the 

16 arts, mathematics, business, law, medicine, or other 

17 fields that promote development and education relat18 ing to science, technology, engineering, the arts, or 

19 mathematics. 

20 ‘‘(3) STATE.—The term ‘State’ means each of 

21 the several States, the District of Columbia, the 

22 Commonwealth of Puerto Rico, the Commonwealth 

23 of the Northern Mariana Islands, and any other ter24 ritory or possession of the United States. 

25 ‘‘(b) REQUIREMENTS.—The Director shall, on a con26 tinuing basis— 


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1 ‘‘(1) identify actions that the Director may take 

2 to improve education in the scientific, technology, 

3 engineering, arts, and mathematics (known as 

4 ‘STEAM’) skills necessary to meet the long-term na5 tional security needs of the United States for per6 sonnel proficient in such skills; and 

7 ‘‘(2) establish and conduct programs to carry 

8 out such actions. 

9 ‘‘(c) AUTHORITIES.— 

10 ‘‘(1) IN GENERAL.—The Director, in support of 

11 educational programs in science, technology, engi12 neering, the arts, and mathematics, may— 

13 ‘‘(A) award grants to eligible entities; 

14 ‘‘(B) provide cash awards and other items 

15 to eligible entities; 

16 ‘‘(C) accept voluntary services from eligible 

17 entities; 

18 ‘‘(D) support national competition judging, 

19 other educational event activities, and associ20 ated award ceremonies in connection with such 

21 educational programs; and 

22 ‘‘(E) enter into one or more education 

23 partnership agreements with educational insti24 tutions in the United States for the purpose of 

25 encouraging and enhancing study in science, 


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1 technology, engineering, the arts, and mathe2 matics disciplines at all levels of education. 

3 ‘‘(2) EDUCATION PARTNERSHIP AGREE4 MENTS.— 

5 ‘‘(A) NATURE OF ASSISTANCE PRO6 VIDED.—Under an education partnership agree7 ment entered into with an educational institu8 tion under paragraph (1)(E), the Director may 

9 provide assistance to the educational institution 

10 by— 

11 ‘‘(i) loaning equipment to the edu12 cational institution for any purpose and 

13 duration in support of such agreement that 

14 the Director considers appropriate; 

15 ‘‘(ii) making personnel available to 

16 teach science courses or to assist in the de17 velopment of science courses and materials 

18 for the educational institution; 

19 ‘‘(iii) providing sabbatical opportuni20 ties for faculty and internship opportuni21 ties for students; 

22 ‘‘(iv) involving faculty and students of 

23 the educational institution in Agency 

24 projects, including research and technology 

25 transfer or transition projects; 


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1 ‘‘(v) cooperating with the educational 

2 institution in developing a program under 

3 which students may be given academic 

4 credit for work on Agency projects, includ5 ing research and technology transfer for 

6 transition projects; and 

7 ‘‘(vi) providing academic and career 

8 advice and assistance to students of the 

9 educational institution. 

10 ‘‘(B) PRIORITIES.—In entering into edu11 cation partnership agreements under paragraph 

12 (1)(E), the Director shall prioritize entering 

13 into education partnership agreements with the 

14 following: 

15 ‘‘(i) Historically Black colleges and 

16 universities and other minority-serving in17 stitutions, as described in section 371(a) of 

18 the Higher Education Act of 1965 (20 

19 U.S.C. 1067q(a)). 

20 ‘‘(ii) Educational institutions serving 

21 women, members of minority groups, and 

22 other groups of individuals who tradition23 ally are involved in the science, technology, 

24 engineering, arts, and mathematics profes25 sions in disproportionately low numbers. 


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1 ‘‘(d) DESIGNATION OF ADVISOR.—The Director shall 

2 designate one or more individuals within the Agency to 

3 advise and assist the Director regarding matters relating 

4 to science, technology, engineering, the arts, and mathe5 matics education and training.’’. 

6 Subtitle B—Inspector General of 

7 the Intelligence Community 

8 SEC. 321. PROHIBITION AGAINST DISCLOSURE OF WHIS9 TLEBLOWER IDENTITY AS REPRISAL 

10 AGAINST WHISTLEBLOWER DISCLOSURE BY 

11 EMPLOYEES AND CONTRACTORS IN INTEL12 LIGENCE COMMUNITY. 

13 (a) IN GENERAL.—Paragraph (3) of subsection (a) 

14 of section 1104 of the National Security Act of 1947 (50 

15 U.S.C. 3234) is amended— 

16 (1) in subparagraph (I), by striking ‘‘; or’’ and 

17 inserting a semicolon; 

18 (2) by redesignating subparagraph (J) as sub19 paragraph (K); and 

20 (3) by inserting after subparagraph (I) the fol21 lowing: 

22 ‘‘(J) a knowing and willful or negligent 

23 disclosure revealing the identity or other per24 sonally identifiable information of an employee 

25 or contractor employee without the express 


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1 written consent of the employee or contractor 

2 employee or if the Inspector General determines 

3 it is necessary for the exclusive purpose of in4 vestigating a complaint or information received 

5 under section 8H of the Inspector General Act 

6 of 1978 (5 U.S.C. App. 8H); or’’. 

7 (b) APPLICABILITY TO DETAILEES.—Such subsection 

8 is amended by adding at the end the following: 

9 ‘‘(5) EMPLOYEE.—The term ‘employee’, with 

10 respect to an agency or a covered intelligence com11 munity element, includes an individual who has been 

12 detailed to such agency or covered intelligence com13 munity element.’’. 

14 (c) PRIVATE RIGHT OF ACTION FOR UNLAWFUL DIS15 CLOSURE OF WHISTLEBLOWER IDENTITY.—Subsection 

16 (d) of such section is amended to read as follows: 

17 ‘‘(d) ENFORCEMENT.— 

18 ‘‘(1) IN GENERAL.—Except as otherwise pro19 vided in this subsection, the President shall provide 

20 for the enforcement of this section. 

21 ‘‘(2) PRIVATE RIGHT OF ACTION FOR UNLAW22 FUL, WILLFUL DISCLOSURE OF WHISTLEBLOWER

23 IDENTITY.—In a case in which an employee of an 

24 agency takes a personnel action described in sub25 section (a)(3)(J) against an employee of a covered 


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1 intelligence community element as a reprisal in vio2 lation of subsection (b) or in a case in which a con3 tractor employee takes a personnel action described 

4 in such subsection against another contractor em5 ployee as a reprisal in violation of subsection (c), the 

6 employee or contractor employee against whom the 

7 personnel action was taken may bring a private ac8 tion for all appropriate remedies, including injunc9 tive relief and compensatory and punitive damages, 

10 against the employee or contractor employee who 

11 took the personnel action, in a Federal district court 

12 of competent jurisdiction within 180 days of when 

13 the employee or contractor employee first learned of 

14 or should have learned of the violation.’’. 

15 SEC. 322. CLARIFICATION OF STANDARDS REGARDING 

16 WHISTLEBLOWER COMPLAINTS AND INFOR17 MATION OF URGENT CONCERN RECEIVED BY 

18 INSPECTOR GENERAL OF THE INTELLIGENCE 

19 COMMUNITY. 

20 (a) CLARIFICATION REGARDING DEFINITIONS OF

21 URGENT CONCERN.—Clause (i) of section 103H(k)(5)(G) 

22 of the National Security Act of 1947 (50 U.S.C. 

23 3033(k)(5)(G)) is amended to read as follows: 

24 ‘‘(i) A serious or flagrant— 

25 ‘‘(I) problem; 


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1 ‘‘(II) abuse; 

2 ‘‘(III) violation of law; 

3 ‘‘(IV) violation of an Executive order; or 

4 ‘‘(V) deficiency— 

5 ‘‘(aa) relating to the funding, admin6 istration, or operation of the Federal Gov7 ernment; and 

8 ‘‘(bb) that is a matter of national se9 curity and not a difference of opinion con10 cerning public policy matters.’’. 

11 (b) AUTHORITY TO DETERMINE MATTERS OF UR12 GENT CONCERN.—Section 103H(k)(5)(G) of such Act (50 

13 U.S.C. 3033(k)(5)(G)) is amended— 

14 (1) in clause (i), as amended by subsection 

15 (a)— 

16 (A) in subclause (V), by resdesignating 

17 items (aa) and (bb) as subitems (AA) and 

18 (BB), respectively; and 

19 (B) by redesignating subclauses (I) 

20 through (V) as items (aa) through (ee), respec21 tively; 

22 (2) by redesignating clauses (i) through (iii) as 

23 subclauses (I) through (III), respectively; 


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1 (3) in the matter before subclause (I), as redes2 ignated by paragraph (2), by inserting ‘‘(i)’’ before 

3 ‘‘In this’’; and 

4 (4) by adding at the end the following: 

5 ‘‘(ii) The Inspector General shall have sole authority 

6 to determine whether any complaint or information re7 ported to the Inspector General is a matter of urgent con8 cern under this paragraph.’’. 

9 (c) SCOPE OF AUTHORITY OF INSPECTOR GENERAL

10 OF THE INTELLIGENCE COMMUNITY.—Section 

11 103H(k)(5) of such Act (50 U.S.C. 3033(k)(5)) is amend12 ed by adding at the end the following: 

13 ‘‘(J) The Inspector General shall have authority over 

14 any complaint or information submitted to the Inspector 

15 General from an employee, detailee, or contractor of the 

16 intelligence community.’’. 

17 (d) REQUIREMENTS RELATING TO BASIS AND DERI18 VATION OF COMPLAINTS AND INFORMATION RE19 PORTED.— 

20 (1) IN REPORT TO INSPECTOR GENERAL.—Sub21 paragraph (A) of section 103H(k)(5) of such Act 

22 (50 U.S.C. 3033(k)(5)) is amended— 

23 (A) by inserting ‘‘(i)’’ before ‘‘An em24 ployee’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(ii) An employee who reports a complaint or infor2 mation under clause (i) shall include in such report a 

3 statement of the following: 

4 ‘‘(I) The basis upon which such complaint or 

5 information is derived. 

6 ‘‘(II) How such complaint or information was 

7 discovered.’’. 

8 (2) TRANSMITTAL TO DIRECTOR.—Subpara9 graph (B) of such section is amended by inserting 

10 before the period the following: ‘‘and the statement 

11 included under subparagraph (A)(ii), except that the 

12 Inspector General shall modify such statement as 

13 the Inspector General considers appropriate and in 

14 accordance with applicable provisions of law to pro15 tect the anonymity of the employee if the employee 

16 chooses to maintain the employee’s anonymity’’. 

17 SEC. 323. CLARIFICATION REGARDING SUBMITTAL OF COM18 PLAINTS AND INFORMATION BY WHISTLE19 BLOWERS IN THE INTELLIGENCE COMMU20 NITY TO CONGRESS. 

21 (a) CLARIFICATION OF RIGHT TO REPORT DIRECTLY

22 TO CONGRESS.—Subsection (a) of section 8H of the In23 spector General Act of 1978 (5 U.S.C. App. 8H) is 

24 amended by adding at the end the following: 


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1 ‘‘(4)(A) Subject to subparagraph (C), an employee of 

2 an element of the intelligence community, an employee as3 signed or detailed to an element of the intelligence commu4 nity, or an employee of a contractor to the intelligence 

5 community who intends to report to Congress a complaint 

6 or information may report such complaint or information 

7 directly to Congress, regardless of whether the complaint 

8 or information is with respect to an urgent concern, by 

9 contacting directly— 

10 ‘‘(i) the Chairman and Vice Chairman of the 

11 Select Committee on Intelligence of the Senate, or a 

12 nonpartisan member of the staff of such Committee 

13 who has been designated by the Committee for pur14 poses of receiving complaints or information under 

15 this paragraph; or 

16 ‘‘(ii) the Chairman and Ranking Member of the 

17 Permanent Select Committee on Intelligence of the 

18 House of Representatives, or a nonpartisan member 

19 of the staff of such Committee who has been des20 ignated by the Committee for purposes of receiving 

21 complaints or information under this paragraph; and 

22 ‘‘(B) In the case of a complaint or information that 

23 is with respect to an urgent concern, the employee may 

24 report such complaint or information directly to Congress 

25 as described in subparagraph (A)— 


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1 ‘‘(i) in lieu of reporting such complaint or infor2 mation under paragraph (1); or 

3 ‘‘(ii) in addition to reporting such complaint or 

4 information under paragraph (1). 

5 ‘‘(C)(i) In the case of a complaint or information con6 taining classified information, an employee may contact 

7 Congress directly as described in subparagraph (A) of this 

8 paragraph only if the employee contacts designated non9 partisan staff of an intelligence committee and obtains and 

10 follows from the Director of National Intelligence, through 

11 the Inspector General, or from a security officer appointed 

12 under section 103H(j)(5) of the National Security Act of 

13 1947 (50 U.S.C. 3033(j)(5)) guidance and direction on 

14 how to report to Congress under subparagraph (A) of this 

15 paragraph in accordance with appropriate security prac16 tices. 

17 ‘‘(ii) If an employee contacts designated nonpartisan 

18 staff and seeks guidance and direction under clause (i) 

19 and does not receive the guidance and direction sought 

20 within 30 calendar days or fewer, the employee may con21 tact Congress directly as described in subparagraph (A) 

22 without obtaining and following guidance and direction 

23 under clause (i) of this subparagraph. 

24 ‘‘(D) If an employee described in subparagraph (A) 

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1 scribed in such subparagraph, such employee shall provide 

2 testimony or an interview to an intelligence committee if— 

3 ‘‘(i) such testimony or interview is requested by 

4 the Chairman, Vice Chairman, or Ranking Member 

5 of such intelligence committee; 

6 ‘‘(ii) not later than 48 hours after making the 

7 request described in clause (i) and not fewer than 7 

8 days before the testimony or interview is provided, 

9 the Chairman, Vice Chairman, or Ranking Member 

10 who made the request notifies the Chairman, Vice 

11 Chairman, or Ranking Member of such committee 

12 who did not make the request; and 

13 ‘‘(iii) such testimony or interview is held in a 

14 closed session in accordance with appropriate classi15 fication guidelines and requisite protections for indi16 vidual safety.’’. 

17 (b) APPOINTMENT OF PERMANENT SECURITY OFFI18 CERS.—Section 103H(j) of the National Security Act of 

19 1947 (50 U.S.C. 3033(j)) is amended by adding at the 

20 end the following: 

21 ‘‘(5) The Inspector General shall appoint within the 

22 office of the Inspector General security officers to provide, 

23 on a permanent basis, confidential, security-related guid24 ance and direction to an employee of an element of the 

25 intelligence community, an employee assigned or detailed 


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1 to an element of the intelligence community, or an em2 ployee of a contractor of an element of the intelligence 

3 community who intends to report to Congress a complaint 

4 or information so that such employee can obtain direction 

5 on how to report to Congress in accordance with appro6 priate security practices.’’. 

7 (c) CONFORMING AMENDMENTS.— 

8 (1) NATIONAL SECURITY ACT OF 1947.—Section 

9 103H(k)(5)(D) of the National Security Act of 1947 

10 (50 U.S.C. 3033(k)(5)(D)) is amended— 

11 (A) in clause (i), by striking ‘‘by con12 tacting’’ and all that follows and inserting the 

13 following: ‘‘by contacting, directly— 

14 ‘‘(I) the Chairman and Vice Chairman of the 

15 Select Committee on Intelligence of the Senate, or a 

16 nonpartisan member of the staff of such Committee 

17 who has been designated by the Committee for pur18 poses of receiving complaints or information under 

19 this subparagraph; or 

20 ‘‘(II) the Chairman and Ranking Member of 

21 the Permanent Select Committee on Intelligence of 

22 the House of Representatives, or a nonpartisan 

23 member of the staff of such Committee who has 

24 been designated by the Committee for purposes of 


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1 receiving complaints or information under this sub2 paragraph.’’; 

3 (B) by amending clause (ii) to read as fol4 lows: 

5 ‘‘(ii)(I) In the case of a complaint or information con6 taining classified information, an employee may contact 

7 Congress as described in clause (i) of this paragraph only 

8 if the employee contacts designated nonpartisan staff of 

9 a congressional intelligence committee and obtains and fol10 lows from the Director of National Intelligence, through 

11 the Inspector General, or from a security officer appointed 

12 under subsection (j)(5) guidance and direction on how to 

13 report to Congress under clause (i) of this subparagraph 

14 in accordance with appropriate security practices. 

15 ‘‘(II) If an employee contacts designated nonpartisan 

16 staff and seeks guidance and direction under subclause (I) 

17 and does not receive the guidance and direction sought 

18 within 30 calendar days or fewer, the employee may con19 tact Congress directly as described in clause (i) without 

20 obtaining and following guidance and direction under sub21 clause (I) of this clause.’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(iv) If an employee described in clause (i) reports 

24 a complaint or information to Congress as described in 


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1 such clause, such employee shall provide testimony or an 

2 interview to a congressional intelligence committee if— 

3 ‘‘(I) such testimony or interview is requested by 

4 the Chairman, Vice Chairman, or Ranking Member 

5 of such congressional intelligence committee; 

6 ‘‘(II) not later than 48 hours after making the 

7 request described in subclause (I) and not fewer 

8 than 7 days before the testimony or interview is pro9 vided, the Chairman, Vice Chairman, or Ranking 

10 Member who made the request notifies the Chair11 man, Vice Chairman, or Ranking Member of such 

12 committee who did not make the request; and 

13 ‘‘(III) such testimony or interview is held in a 

14 closed session in accordance with appropriate classi15 fication guidelines and requisite protections for indi16 vidual safety.’’. 

17 (2) CENTRAL INTELLIGENCE AGENCY ACT OF

18 1949.—Section 17(d)(5)(D) of the Central Intel19 ligence Agency Act of 1949 (50 U.S.C. 

20 3517(d)(5)(D)) is amended— 

21 (A) in clause (i), by striking ‘‘by con22 tacting’’ and all that follows and inserting the 

23 following: ‘‘by contacting, directly— 

24 ‘‘(I) the Chairman and Vice Chairman of the 

25 Select Committee on Intelligence of the Senate, or a 


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1 nonpartisan member of the staff of such Committee 

2 who has been designated by the Committee for pur3 poses of receiving complaints or information under 

4 this subparagraph; or 

5 ‘‘(II) the Chairman and Ranking Member of 

6 the Permanent Select Committee on Intelligence of 

7 the House of Representatives, or a nonpartisan 

8 member of the staff of such Committee who has 

9 been designated by the Committee for purposes of 

10 receiving complaints or information under this sub11 paragraph.’’; 

12 (B) by amending clause (ii) to read as fol13 lows: 

14 ‘‘(ii)(I) In the case of a complaint or information con15 taining classified information, the employee may contact 

16 Congress as described in clause (i) of this paragraph only 

17 if the employee contacts designated nonpartisan staff of 

18 an intelligence committee and obtains and follows from the 

19 Director, through the Inspector General, or from a secu20 rity officer appointed under section 103H(j)(5) of the Na21 tional Security Act of 1947 (50 U.S.C. 3033(j)(5)) guid22 ance and direction on how to report to Congress under 

23 clause (i) of this subparagraph in accordance with appro24 priate security practices. 


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1 ‘‘(II) If an employee contacts designated nonpartisan 

2 staff and seeks guidance and direction under subclause (I) 

3 and does not receive the guidance and direction sought 

4 within 30 calendar days or fewer, the employee may con5 tact Congress directly as described in clause (i) without 

6 obtaining and following guidance and direction under sub7 clause (I) of this clause.’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(iv) If an employee described in clause (i) reports 

10 a complaint or information to Congress as described in 

11 such clause, such employee shall provide testimony or an 

12 interview to an intelligence committee if— 

13 ‘‘(I) such testimony or interview is requested by 

14 the Chairman, Vice Chairman, or Ranking Member 

15 of such intelligence committee; 

16 ‘‘(II) not later than 48 hours after making the 

17 request described in subclause (I) and not fewer 

18 than 7 days before the testimony or interview is pro19 vided, the Chairman, Vice Chairman, or Ranking 

20 Member who made the request notifies the Chair21 man, Vice Chairman, or Ranking Member of such 

22 committee who did not make the request; and 

23 ‘‘(III) such testimony or interview is held in a 

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1 fication guidelines and requisite protections for indi2 vidual safety.’’. 

3 (3) INSPECTOR GENERAL ACT OF 1978.—Sec4 tion 8H(d) of the Inspector General Act of 1978 (5 

5 U.S.C. App. 8H(d)) is amended— 

6 (A) in paragraph (1), by striking ‘‘by con7 tacting’’ and all that follows and inserting the 

8 following: ‘‘by contacting, directly— 

9 ‘‘(A) the Chairman and Vice Chairman of the 

10 Select Committee on Intelligence of the Senate, or a 

11 nonpartisan member of the staff of such Committee 

12 who has been designated by the Committee for pur13 poses of receiving complaints or information under 

14 this paragraph; or 

15 ‘‘(B) the Chairman and Ranking Member of the 

16 Permanent Select Committee on Intelligence of the 

17 House of Representatives, or a nonpartisan member 

18 of the staff of such Committee who has been des19 ignated by the Committee for purposes of receiving 

20 complaints or information under this paragraph.’’; 

21 (B) by amending paragraph (2) to read as 

22 follows: 

23 ‘‘(2)(A) Subject to subparagraph (B), the employee 

24 may contact Congress directly as described in paragraph 

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1 ignated nonpartisan staff of an intelligence committee and 

2 obtains and follows from the head of the establishment, 

3 through the Inspector General, or from a security officer 

4 appointed under section 103H(j)(5) of the National Secu5 rity Act of 1947 (50 U.S.C. 3033(j)(5)) guidance and di6 rection on how to report to Congress in accordance with 

7 appropriate security practices. 

8 ‘‘(B) If an employee contacts designated nonpartisan 

9 staff and seeks guidance and direction under subpara10 graph (A) and does not receive the guidance and direction 

11 sought within 30 days or fewer, the employee may contact 

12 Congress directly as described in paragraph (1) without 

13 obtaining and following guidance and direction under sub14 paragraph (A) of this paragraph.’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(4) If an employee described in paragraph (1) re17 ports a complaint or information to Congress as described 

18 in such paragraph, such employee shall provide testimony 

19 or an interview to an intelligence committee if— 

20 ‘‘(A) such testimony or interview is requested 

21 by the Chairman, Vice Chairman, or Ranking Mem22 ber of such intelligence committee; 

23 ‘‘(B) not later than 48 hours after making the 

24 request described in subparagraph (A) and not fewer 

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1 vided, the Chairman, Vice Chairman, or Ranking 

2 Member who made the request notifies the Chair3 man, Vice Chairman, or Ranking Member of such 

4 committee who did not make the request; and 

5 ‘‘(C) such testimony or interview is held in a 

6 closed session in accordance with appropriate classi7 fication guidelines and requisite protections for indi8 vidual safety.’’. 

9 SEC. 324. LIMITATION ON SHARING OF INTELLIGENCE 

10 COMMUNITY WHISTLEBLOWER COMPLAINTS 

11 WITH PERSONS NAMED IN SUCH COM12 PLAINTS. 

13 Section 8H of the Inspector General Act of 1978 (5 

14 U.S.C. App. 8H) is amended— 

15 (1) by redesignating subsection (h) as sub16 section (i); and 

17 (2) by inserting after subsection (g) the fol18 lowing: 

19 ‘‘(h)(1) It shall be unlawful for an employee or agent 

20 of the Federal Government to share any complaint or in21 formation submitted to an Inspector General under this 

22 section with any person named as a subject of the com23 plaint or information, unless— 


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1 ‘‘(A) the person who submitted the complaint or 

2 information consents, in writing, to such sharing; 

3 and 

4 ‘‘(B) such sharing is part of an investigation of 

5 an alleged violation of section 1104 of the National 

6 Security Act of 1947 (50 U.S.C. 3234) that involves 

7 a personnel action described in subsection (a)(3)(J) 

8 of such section. 

9 ‘‘(2) Any person who violates paragraph (1) shall be 

10 fined in accordance with title 18, United States Code, im11 prisoned for not more than 2 years, or both. 

12 ‘‘(3) In any case in which an Inspector General under 

13 this section learns of a violation of paragraph (1), such 

14 Inspector General shall notify the congressional intel15 ligence committees of such violation.’’. 


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1 Subtitle C—Reports and Assess2 ments Pertaining to Intelligence 

3 Community 

4 SEC. 331. ASSESSMENT BY THE COMPTROLLER GENERAL 

5 OF THE UNITED STATES ON EFFORTS OF THE 

6 INTELLIGENCE COMMUNITY AND THE DE7 PARTMENT OF DEFENSE TO IDENTIFY AND 

8 MITIGATE RISKS POSED TO THE INTEL9 LIGENCE COMMUNITY AND THE DEPART10 MENT BY THE USE OF DIRECT-TO-CONSUMER 

11 GENETIC TESTING BY THE GOVERNMENT OF 

12 THE PEOPLE’S REPUBLIC OF CHINA. 

13 (a) ASSESSMENT REQUIRED.—The Comptroller Gen14 eral of the United States shall assess the efforts of the 

15 intelligence community and the Department of Defense to 

16 identify and mitigate the risks posed to the intelligence 

17 community and the Department by the use of direct-to18 consumer genetic testing by the Government of the Peo19 ple’s Republic of China. 

20 (b) REPORT REQUIRED.— 

21 (1) DEFINITION OF UNITED STATES DIRECT22 TO-CONSUMER GENETIC TESTING COMPANY.—In this 

23 subsection, the term ‘‘United States direct-to-con24 sumer genetic testing company’’ means a private en25 tity that— 


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1 (A) carries out direct-to-consumer genetic 

2 testing; and 

3 (B) is organized under the laws of the 

4 United States or any jurisdiction within the 

5 United States. 

6 (2) IN GENERAL.—Not later than 180 days 

7 after the date of the enactment of this Act, the 

8 Comptroller General shall submit to Congress a re9 port on the assessment required by subsection (a). 

10 (3) ELEMENTS.—The report required by para11 graph (2) shall include the following: 

12 (A) A description of key national security 

13 risks and vulnerabilities associated with direct14 to-consumer genetic testing, including— 

15 (i) how the Government of the Peo16 ple’s Republic of China may be using data 

17 provided by personnel of the intelligence 

18 community and the Department through 

19 direct-to-consumer genetic tests; and 

20 (ii) how ubiquitous technical surveil21 lance may amplify those risks. 

22 (B) An assessment of the extent to which 

23 the intelligence community and the Department 

24 have identified risks and vulnerabilities posed 

25 by direct-to-consumer genetic testing and have 


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1 sought to mitigate such risks and 

2 vulnerabilities, or have plans for such mitiga3 tion, including the extent to which the intel4 ligence community has determined— 

5 (i) in which United States direct-to6 consumer genetic testing companies the 

7 Government of the People’s Republic of 

8 China or entities owned or controlled by 

9 the Government of the People’s Republic of 

10 China have an ownership interest; and 

11 (ii) which United States direct-to-con12 sumer genetic testing companies may have 

13 sold data to the Government of the Peo14 ple’s Republic of China or entities owned 

15 or controlled by the Government of the 

16 People’s Republic of China. 

17 (C) Such recommendations as the Comp18 troller General may have for action by the intel19 ligence community and the Department to im20 prove the identification and mitigation of risks 

21 and vulnerabilities posed by the use of direct-to22 consumer genetic testing by the Government of 

23 the People’s Republic of China. 


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1 (4) FORM.—The report required by paragraph 

2 (2) shall be submitted in unclassified form, but may 

3 include a classified annex. 

4 (c) COOPERATION.—The heads of relevant elements 

5 of the intelligence community and components of the De6 partment shall— 

7 (1) fully cooperate with the Comptroller Gen8 eral in conducting the assessment required by sub9 section (a); and 

10 (2) provide any information and data required 

11 by the Comptroller General to conduct the assess12 ment. 

13 SEC. 332. REPORT ON USE BY INTELLIGENCE COMMUNITY 

14 OF HIRING FLEXIBILITIES AND EXPEDITED 

15 HUMAN RESOURCES PRACTICES TO ASSURE 

16 QUALITY AND DIVERSITY IN THE WORK17 FORCE OF THE INTELLIGENCE COMMUNITY. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the Director of National 

20 Intelligence shall submit to the congressional intelligence 

21 committees a report on how elements of the intelligence 

22 community are exercising hiring flexibilities and expedited 

23 human resources practices afforded under section 3326 of 

24 title 5, United States Code, and subpart D of part 315 

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1 lation, to assure quality and diversity in the workforce of 

2 the intelligence community. 

3 (b) OBSTACLES.—The report submitted under sub4 section (a) shall include identification of any obstacles en5 countered by the intelligence community in exercising the 

6 authorities described in such subsection. 

7 SEC. 333. REPORT ON SIGNALS INTELLIGENCE PRIORITIES 

8 AND REQUIREMENTS. 

9 (a) REPORT REQUIRED.—Not later than 30 days 

10 after the date of the enactment of this Act, the Director 

11 of National Intelligence shall submit to the congressional 

12 intelligence committees a report on signals intelligence pri13 orities and requirements subject to Presidential Policy Di14 rective 28. 

15 (b) ELEMENTS.—The report required by subsection 

16 (a) shall cover the following: 

17 (1) The implementation of the annual process 

18 for advising the Director on signals intelligence pri19 orities and requirements described in section 3 of 

20 Presidential Policy Directive 28. 

21 (2) The signals intelligence priorities and re22 quirements as of the most recent annual process. 

23 (3) The application of such priorities and re24 quirements to the signals intelligence collection ef25 forts of the intelligence community. 


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1 (4) The contents of the classified annex ref2 erenced in section 3 of Presidential Policy Directive 

3 28. 

4 (c) FORM.—The report submitted under subsection 

5 (a) shall be submitted in unclassified form, but may in6 clude a classified annex. 

7 SEC. 334. ASSESSMENT OF DEMAND FOR STUDENT LOAN 

8 REPAYMENT PROGRAM BENEFIT. 

9 (a) IN GENERAL.—Not later than 90 days after the 

10 date of the enactment of this Act, the head of each ele11 ment of the intelligence community shall— 

12 (1) calculate the number of personnel of that 

13 element who qualify for a student loan repayment 

14 program benefit; 

15 (2) compare the number calculated under para16 graph (1) to the number of personnel who apply for 

17 such a benefit; 

18 (3) provide recommendations for how to struc19 ture such a program to optimize participation and 

20 enhance the effectiveness of the benefit as a reten21 tion tool, including with respect to the amount of the 

22 benefit offered and the length of time an employee 

23 receiving a benefit is required to serve under a con24 tinuing service agreement; and 


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1 (4) identify any shortfall in funds or authorities 

2 needed to provide such a benefit. 

3 (b) INCLUSION IN FISCAL YEAR 2022 BUDGET SUB4 MISSION.—The Director of National Intelligence shall in5 clude in the budget justification materials submitted to 

6 Congress in support of the budget for the intelligence com7 munity for fiscal year 2022 (as submitted with the budget 

8 of the President under section 1105(a) of title 31, United 

9 States Code) a report on the findings of the elements of 

10 the intelligence community under subsection (a). 

11 SEC. 335. ASSESSMENT OF INTELLIGENCE COMMUNITY DE12 MAND FOR CHILD CARE. 

13 (a) IN GENERAL.—Not later than 180 days after the 

14 date of the enactment of this Act, the Director of National 

15 Intelligence, in coordination with the heads of the elements 

16 of the intelligence community specified in subsection (b), 

17 shall submit to the congressional intelligence committees 

18 a report that includes— 

19 (1) a calculation of the total annual demand for 

20 child care by employees of such elements, at or near 

21 the workplaces of such employees, including a cal22 culation of the demand for early morning and 

23 evening child care; 

24 (2) an identification of any shortfall between 

25 the demand calculated under paragraph (1) and the 


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1 child care supported by such elements as of the date 

2 of the report; 

3 (3) an assessment of options for addressing any 

4 such shortfall, including options for providing child 

5 care at or near the workplaces of employees of such 

6 elements; 

7 (4) an identification of the advantages, dis8 advantages, security requirements, and costs associ9 ated with each such option; 

10 (5) a plan to meet, by the date that is 5 years 

11 after the date of the report— 

12 (A) the demand calculated under para13 graph (1); or 

14 (B) an alternative standard established by 

15 the Director for child care available to employ16 ees of such elements; and 

17 (6) an assessment of needs of specific elements 

18 of the intelligence community, including any Govern19 ment-provided child care that could be collocated 

20 with a workplace of employees of such an element 

21 and any available child care providers in the prox22 imity of such a workplace. 

23 (b) ELEMENTS SPECIFIED.—The elements of the in24 telligence community specified in this subsection are the 

25 following: 


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1 (1) The Central Intelligence Agency. 

2 (2) The National Security Agency. 

3 (3) The Defense Intelligence Agency. 

4 (4) The National Geospatial-Intelligence Agen5 cy. 

6 (5) The National Reconnaissance Office. 

7 (6) The Office of the Director of National Intel8 ligence. 

9 SEC. 336. OPEN SOURCE INTELLIGENCE STRATEGIES AND 

10 PLANS FOR THE INTELLIGENCE COMMUNITY. 

11 (a) REQUIREMENT FOR SURVEY AND EVALUATION

12 OF CUSTOMER FEEDBACK.—Not later than 90 days after 

13 the date of the enactment of this Act, the Director of Na14 tional Intelligence, in coordination with the head of each 

15 element of the intelligence community, shall— 

16 (1) conduct a survey of the open source intel17 ligence requirements, goals, monetary and property 

18 investments, and capabilities for each element of the 

19 intelligence community; and 

20 (2) evaluate the usability and utility of the 

21 Open Source Enterprise by soliciting customer feed22 back and evaluating such feedback. 

23 (b) REQUIREMENT FOR OVERALL STRATEGY AND

24 FOR INTELLIGENCE COMMUNITY, PLAN FOR IMPROVING

25 USABILITY OF OPEN SOURCE ENTERPRISE, AND RISK


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1 ANALYSIS OF CREATING OPEN SOURCE CENTER.—Not 

2 later than 180 days after the date of the enactment of 

3 this Act, the Director, in coordination with the head of 

4 each element of the intelligence community and using the 

5 findings of the Director with respect to the survey con6 ducted under subsection (a), shall— 

7 (1) develop a strategy for open source intel8 ligence collection, analysis, and production that de9 fines the overarching goals, roles, responsibilities, 

10 and processes for such collection, analysis, and pro11 duction for the intelligence community; 

12 (2) develop a plan for improving usability and 

13 utility of the Open Source Enterprise based on the 

14 customer feedback solicited under subsection (a)(2); 

15 and 

16 (3) conduct a risk and benefit analysis of cre17 ating an open source center independent of any cur18 rent intelligence community element. 

19 (c) REQUIREMENT FOR PLAN FOR CENTRALIZED

20 DATA REPOSITORY.—Not later than 270 days after the 

21 date of the enactment of this Act and using the findings 

22 of the Director with respect to the survey and evaluation 

23 conducted under subsection (a), the strategy and plan de24 veloped under subsection (b), and the risk and benefit 

25 analysis conducted under such subsection, the Director 


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1 shall develop a plan for a centralized data repository of 

2 open source intelligence that enables all elements of the 

3 intelligence community— 

4 (1) to use such repository for their specific re5 quirements; and 

6 (2) to derive open source intelligence advan7 tages. 

8 (d) REQUIREMENT FOR COST-SHARING MODEL.— 

9 Not later than 1 year after the date of the enactment of 

10 this Act and using the findings of the Director with re11 spect to the survey and evaluation conducted under sub12 section (a), the strategy and plan developed under sub13 section (b), the risk and benefit analysis conducted under 

14 such subsection, and the plan developed under subsection 

15 (c), the Director shall develop a cost-sharing model that 

16 leverages the open source intelligence investments of each 

17 element of the intelligence community for the beneficial 

18 use of the entire intelligence community. 

19 (e) CONGRESSIONAL BRIEFING.—Not later than 1 

20 year after the date of the enactment of this Act, the Direc21 tor of National Intelligence, the Director of the Central 

22 Intelligence Agency, the Director of the Defense Intel23 ligence Agency, the Director of the National Geospatial24 Intelligence Agency, and the Director of the National SeVerDate Sep 11 2014 00:27 Jun 09, 2020 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S3905.RS S3905

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1 curity Agency shall jointly brief the congressional intel2 ligence committees on— 

3 (1) the strategy developed under paragraph (1) 

4 of subsection (b); 

5 (2) the plan developed under paragraph (2) of 

6 such subsection; 

7 (3) the plan developed under subsection (c); 

8 and 

9 (4) the cost-sharing model developed under sub10 section (d). 

11 SEC. 337. PLAN FOR ESTABLISHING AN ELEMENT OF THE 

12 INTELLIGENCE COMMUNITY WITHIN THE 

13 UNITED STATES SPACE FORCE. 

14 Not later than 180 days after the date of the enact15 ment of this Act, the Director of National Intelligence and 

16 the Under Secretary of Defense for Intelligence and Secu17 rity, in coordination with the Secretary of the Air Force 

18 and the Chief of Space Operations, shall submit to the 

19 congressional intelligence committees, the Committee on 

20 Armed Services of the Senate, and the Committee on 

21 Armed Services of the House of Representatives a plan 

22 for establishing an element of the intelligence community 

23 within the United States Space Force. 


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1 TITLE IV—SECURITY CLEAR2 ANCES AND TRUSTED WORK3 FORCE 

4 SEC. 401. EXCLUSIVITY, CONSISTENCY, AND TRANS5 PARENCY IN SECURITY CLEARANCE PROCE6 DURES, AND RIGHT TO APPEAL. 

7 (a) EXCLUSIVITY OF PROCEDURES.—Section 801 of 

8 the National Security Act of 1947 (50 U.S.C. 3161) is 

9 amended by adding at the end the following: 

10 ‘‘(c) EXCLUSIVITY.—Except as provided in sub11 section (b) and subject to sections 801A and 801B, the 

12 procedures established pursuant to subsection (a) and pro13 mulgated and set forth under subpart A of title 32, Code 

14 of Federal Regulations, or successor regulations, shall be 

15 the exclusive procedures by which decisions about eligi16 bility for access to classified information are governed.’’. 

17 (b) TRANSPARENCY.—Such section is further amend18 ed by adding at the end the following: 

19 ‘‘(d) PUBLICATION.— 

20 ‘‘(1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this subsection, 

22 the President shall— 

23 ‘‘(A) publish in the Federal Register the 

24 procedures established pursuant to subsection 

25 (a); or 


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1 ‘‘(B) submit to Congress a certification 

2 that the procedures currently in effect that gov3 ern access to classified information as described 

4 in subsection (a)— 

5 ‘‘(i) are published in the Federal Reg6 ister; and 

7 ‘‘(ii) comply with the requirements of 

8 subsection (a). 

9 ‘‘(2) UPDATES.—Whenever the President 

10 makes a revision to a procedure established pursuant 

11 to subsection (a), the President shall publish such 

12 revision in the Federal Register not later than 30 

13 days before the date on which the revision becomes 

14 effective.’’. 

15 (c) CONSISTENCY.— 

16 (1) IN GENERAL.—Title VIII of the National 

17 Security Act of 1947 (50 U.S.C. 3161 et seq.) is 

18 amended by inserting after section 801 the fol19 lowing: 

20 ‘‘SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSI21 FIED INFORMATION. 

22 ‘‘(a) DEFINITIONS.—In this section: 

23 ‘‘(1) AGENCY.—The term ‘agency’ has the 

24 meaning given the term ‘Executive agency’ in section 

25 105 of title 5, United States Code. 


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1 ‘‘(2) CLASSIFIED INFORMATION.—The term 

2 ‘classified information’ includes sensitive compart3 mented information, restricted data, restricted han4 dling information, and other compartmented infor5 mation. 

6 ‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED

7 INFORMATION.—The term ‘eligibility for access to 

8 classified information’ has the meaning given such 

9 term in the procedures established pursuant to sec10 tion 801(a). 

11 ‘‘(b) IN GENERAL.—Each head of an agency that 

12 makes a determination regarding eligibility for access to 

13 classified information shall ensure that in making the de14 termination, the head of the agency or any person acting 

15 on behalf of the head of the agency— 

16 ‘‘(1) does not violate any right or protection en17 shrined in the Constitution of the United States, in18 cluding rights articulated in the First, Fifth, and 

19 Fourteenth Amendments; 

20 ‘‘(2) does not discriminate for or against an in21 dividual on the basis of race, ethnicity, color, reli22 gion, sex, national origin, age, or handicap; 

23 ‘‘(3) is not carrying out— 

24 ‘‘(A) retaliation for political activities or 

25 beliefs; or 


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1 ‘‘(B) a coercion or reprisal described in 

2 section 2302(b)(3) of title 5, United States 

3 Code; and 

4 ‘‘(4) does not violate section 3001(j)(1) of the 

5 Intelligence Reform and Terrorism Prevention Act 

6 of 2004 (50 U.S.C. 3341(j)(1)).’’. 

7 (2) CLERICAL AMENDMENT.—The table of con8 tents in the matter preceding section 2 of the Na9 tional Security Act of 1947 (50 U.S.C. 3002) is 

10 amended by inserting after the item relating to sec11 tion 801 the following: 

‘‘Sec. 801A. Decisions relating to access to classified information.’’. 

12 (d) RIGHT TO APPEAL.— 

13 (1) IN GENERAL.—Such title, as amended by 

14 subsection (c), is further amended by inserting after 

15 section 801A the following: 

16 ‘‘SEC. 801B. RIGHT TO APPEAL. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) AGENCY.—The term ‘agency’ has the 

19 meaning given the term ‘Executive agency’ in section 

20 105 of title 5, United States Code. 

21 ‘‘(2) COVERED PERSON.—The term ‘covered 

22 person’ means a person, other than the President 

23 and Vice President, currently or formerly employed 

24 in, detailed to, assigned to, or issued an authorized 

25 conditional offer of employment for a position that 


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1 requires access to classified information by an agen2 cy, including the following: 

3 ‘‘(A) A member of the Armed Forces. 

4 ‘‘(B) A civilian. 

5 ‘‘(C) An expert or consultant with a con6 tractual or personnel obligation to an agency. 

7 ‘‘(D) Any other category of person who 

8 acts for or on behalf of an agency as deter9 mined by the head of the agency. 

10 ‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED

11 INFORMATION.—The term ‘eligibility for access to 

12 classified information’ has the meaning given such 

13 term in the procedures established pursuant to sec14 tion 801(a). 

15 ‘‘(4) NEED FOR ACCESS.—The term ‘need for 

16 access’ has such meaning as the President may de17 fine in the procedures established pursuant to sec18 tion 801(a). 

19 ‘‘(5) RECIPROCITY OF CLEARANCE.—The term 

20 ‘reciprocity of clearance’, with respect to a denial by 

21 an agency, means that the agency, with respect to 

22 a covered person— 

23 ‘‘(A) failed to accept a security clearance 

24 background investigation as required by para25 graph (1) of section 3001(d) of the Intelligence 


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1 Reform and Terrorism Prevention Act of 2004 

2 (50 U.S.C. 3341(d)); 

3 ‘‘(B) failed to accept a transferred security 

4 clearance background investigation required by 

5 paragraph (2) of such section; 

6 ‘‘(C) subjected the covered person to an 

7 additional investigative or adjudicative require8 ment in violation of paragraph (3) of such sec9 tion; or 

10 ‘‘(D) conducted an investigation in viola11 tion of paragraph (4) of such section. 

12 ‘‘(6) SECURITY EXECUTIVE AGENT.—The term 

13 ‘Security Executive Agent’ means the officer serving 

14 as the Security Executive Agent pursuant to section 

15 803. 

16 ‘‘(b) AGENCY REVIEW.— 

17 ‘‘(1) IN GENERAL.—Not later than 180 days 

18 after the date of the enactment of the Intelligence 

19 Authorization Act for Fiscal Year 2021, each head 

20 of an agency shall, consistent with the interest of 

21 national security, establish and publish in the Fed22 eral Register a process by which a covered person to 

23 whom eligibility for access to classified information 

24 was denied or revoked by the agency or for whom 

25 reciprocity of clearance was denied by the agency 


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1 can appeal that denial or revocation within the agen2 cy. 

3 ‘‘(2) ELEMENTS.—The process required by 

4 paragraph (1) shall include the following: 

5 ‘‘(A) In the case of a covered person to 

6 whom eligibility for access to classified informa7 tion or reciprocity of clearance is denied or re8 voked by an agency, the following: 

9 ‘‘(i) The head of the agency shall pro10 vide the covered person with a written— 

11 ‘‘(I) detailed explanation of the 

12 basis for the denial or revocation as 

13 the head of the agency determines is 

14 consistent with the interests of na15 tional security and as permitted by 

16 other applicable provisions of law; and 

17 ‘‘(II) notice of the right of the 

18 covered person to a hearing and ap19 peal under this subsection. 

20 ‘‘(ii) Not later than 30 days after re21 ceiving a request from the covered person 

22 for copies of the documents that formed 

23 the basis of the agency’s decision to revoke 

24 or deny, including the investigative file, the 


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1 head of the agency shall provide to the cov2 ered person copies of such documents as— 

3 ‘‘(I) the head of the agency de4 termines is consistent with the inter5 ests of national security; and 

6 ‘‘(II) permitted by other applica7 ble provisions of law, including— 

8 ‘‘(aa) section 552 of title 5, 

9 United States Code (commonly 

10 known as the ‘Freedom of Infor11 mation Act’); 

12 ‘‘(bb) section 552a of such 

13 title (commonly known as the 

14 ‘Privacy Act of 1974’); and 

15 ‘‘(cc) such other provisions 

16 of law relating to the protection 

17 of confidential sources and pri18 vacy of individuals. 

19 ‘‘(iii)(I) The covered person shall have 

20 the opportunity to retain counsel or other 

21 representation at the covered person’s ex22 pense. 

23 ‘‘(II) Upon the request of the covered 

24 person, and a showing that the ability to 

25 review classified information is essential to 


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1 the resolution of an appeal under this sub2 section, counsel or other representation re3 tained under this clause shall be considered 

4 for access to classified information for the 

5 limited purposes of such appeal. 

6 ‘‘(iv)(I) The head of the agency shall 

7 provide the covered person an opportunity, 

8 at a point in the process determined by the 

9 agency head— 

10 ‘‘(aa) to appear personally before 

11 an adjudicative or other authority, 

12 other than the investigating entity, 

13 and to present to such authority rel14 evant documents, materials, and infor15 mation, including evidence that past 

16 problems relating to the denial or rev17 ocation have been overcome or suffi18 ciently mitigated; and 

19 ‘‘(bb) to call and cross-examine 

20 witnesses before such authority, un21 less the head of the agency determines 

22 that calling and cross-examining wit23 nesses is not consistent with the inter24 ests of national security. 


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1 ‘‘(II) The head of the agency shall 

2 make, as part of the security record of the 

3 covered person, a written summary, tran4 script, or recording of any appearance 

5 under item (aa) of subclause (I) or of any 

6 calling or cross-examining of witnesses 

7 under item (bb) of such subclause. 

8 ‘‘(v) On or before the date that is 30 

9 days after the date on which the covered 

10 person receives copies of documents under 

11 clause (ii), the covered person may request 

12 a hearing of the decision to deny or revoke 

13 by filing a written appeal with the head of 

14 the agency. 

15 ‘‘(B) A requirement that each review of a 

16 decision under this subsection is completed on 

17 average not later than 180 days after the date 

18 on which a hearing is requested under subpara19 graph (A)(v). 

20 ‘‘(3) AGENCY REVIEW PANELS.— 

21 ‘‘(A) IN GENERAL.—Each head of an 

22 agency shall establish a panel to hear and re23 view appeals under this subsection. 

24 ‘‘(B) MEMBERSHIP.— 


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1 ‘‘(i) COMPOSITION.—Each panel es2 tablished by the head of an agency under 

3 subparagraph (A) shall be composed of at 

4 least three employees of the agency se5 lected by the agency head, two of whom 

6 shall not be members of the security field. 

7 ‘‘(ii) TERMS.—A term of service on a 

8 panel established by the head of an agency 

9 under subparagraph (A) shall not exceed 2 

10 years. 

11 ‘‘(C) DECISIONS.— 

12 ‘‘(i) WRITTEN.—Each decision of a 

13 panel established under subparagraph (A) 

14 shall be in writing and contain a justifica15 tion of the decision. 

16 ‘‘(ii) CONSISTENCY.—Each head of an 

17 agency that establishes a panel under sub18 paragraph (A) shall ensure that each deci19 sion of the panel is consistent with the in20 terests of national security and applicable 

21 provisions of law. 

22 ‘‘(iii) OVERTURN.—The head of an 

23 agency may overturn a decision of the 

24 panel if, not later than 30 days after the 

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1 sion, the agency head personally exercises 

2 the authority granted by this clause to 

3 overturn such decision. 

4 ‘‘(iv) FINALITY.—Each decision of a 

5 panel established under subparagraph (A) 

6 or overturned pursuant to clause (iii) of 

7 this subparagraph shall be final but sub8 ject to appeal and review under subsection 

9 (c). 

10 ‘‘(D) ACCESS TO CLASSIFIED INFORMA11 TION.—The head of an agency that establishes 

12 a panel under subparagraph (A) shall afford ac13 cess to classified information to the members of 

14 the panel as the agency head determines— 

15 ‘‘(i) necessary for the panel to hear 

16 and review an appeal under this sub17 section; and 

18 ‘‘(ii) consistent with the interests of 

19 national security. 

20 ‘‘(4) REPRESENTATION BY COUNSEL.— 

21 ‘‘(A) IN GENERAL.—Each head of an 

22 agency shall ensure that, under this subsection, 

23 a covered person appealing a decision of the 

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1 portunity to retain counsel or other representa2 tion at the covered person’s expense. 

3 ‘‘(B) ACCESS TO CLASSIFIED INFORMA4 TION.— 

5 ‘‘(i) IN GENERAL.—Upon the request 

6 of a covered person appealing a decision of 

7 an agency under this subsection and a 

8 showing that the ability to review classified 

9 information is essential to the resolution of 

10 the appeal under this subsection, the head 

11 of the agency shall sponsor an application 

12 by the counsel or other representation re13 tained under this paragraph for access to 

14 classified information for the limited pur15 poses of such appeal. 

16 ‘‘(ii) EXTENT OF ACCESS.—Counsel 

17 or another representative who is cleared 

18 for access under this subparagraph may be 

19 afforded access to relevant classified mate20 rials to the extent consistent with the in21 terests of national security. 

22 ‘‘(5) CORRECTIVE ACTION.— 

23 ‘‘(A) IN GENERAL.—If, in the course of 

24 proceedings under this subsection, the head of 

25 an agency or a panel established by the agency 


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1 head under paragraph (3) decides that a cov2 ered person’s eligibility for access to classified 

3 information was improperly denied or revoked 

4 by the agency, the agency shall take corrective 

5 action to return the covered person, as nearly 

6 as practicable and reasonable, to the position 

7 such covered person would have held had the 

8 improper denial or revocation not occurred. 

9 ‘‘(B) COMPENSATION.—Corrective action 

10 under subparagraph (A) may include compensa11 tion, in an amount not to exceed $300,000, for 

12 any loss of wages or benefits suffered, or ex13 penses otherwise incurred, by reason of such 

14 improper denial or revocation. 

15 ‘‘(6) PUBLICATION OF DECISIONS.— 

16 ‘‘(A) IN GENERAL.—Each head of an 

17 agency shall publish each final decision on an 

18 appeal under this subsection. 

19 ‘‘(B) REQUIREMENTS.—In order to ensure 

20 transparency, oversight by Congress, and mean21 ingful information for those who need to under22 stand how the clearance process works, each 

23 publication under subparagraph (A) shall be— 

24 ‘‘(i) made in a manner that is con25 sistent with section 552 of title 5, United 


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1 States Code, as amended by the Electronic 

2 Freedom of Information Act Amendments 

3 of 1996 (Public Law 104–231); 

4 ‘‘(ii) published to explain the facts of 

5 the case, redacting personally identifiable 

6 information and sensitive program infor7 mation; and 

8 ‘‘(iii) made available on a website that 

9 is searchable by members of the public. 

10 ‘‘(c) HIGHER LEVEL REVIEW.— 

11 ‘‘(1) PANEL.— 

12 ‘‘(A) ESTABLISHMENT.—Not later than 

13 180 days after the date of the enactment of the 

14 Intelligence Authorization Act for Fiscal Year 

15 2021, the Security Executive Agent shall estab16 lish a panel to review decisions made on appeals 

17 pursuant to the processes established under 

18 subsection (b). 

19 ‘‘(B) SCOPE OF REVIEW AND JURISDIC20 TION.—After the initial review to verify grounds 

21 for appeal, the panel established under subpara22 graph (A) shall review such decisions only— 

23 ‘‘(i) as they relate to violations of sec24 tion 801A(b); or 


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1 ‘‘(ii) to the extent to which an agency 

2 properly conducted a review of an appeal 

3 under subsection (b). 

4 ‘‘(C) COMPOSITION.—The panel estab5 lished pursuant to subparagraph (A) shall be 

6 composed of three individuals selected by the 

7 Security Executive Agent for purposes of the 

8 panel, of whom at least one shall be an attor9 ney. 

10 ‘‘(2) APPEALS AND TIMELINESS.— 

11 ‘‘(A) APPEALS.— 

12 ‘‘(i) INITIATION.—On or before the 

13 date that is 30 days after the date on 

14 which a covered person receives a written 

15 decision on an appeal under subsection (b), 

16 the covered person may initiate oversight 

17 of that decision by filing a written appeal 

18 with the Security Executive Agent. 

19 ‘‘(ii) FILING.—A written appeal filed 

20 under clause (i) relating to a decision of an 

21 agency shall be filed in such form, in such 

22 manner, and containing such information 

23 as the Security Executive Agent may re24 quire, including— 

25 ‘‘(I) a description of— 


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1 ‘‘(aa) any alleged violations 

2 of section 801A(b) relating to the 

3 denial or revocation of the cov4 ered person’s eligibility for access 

5 to classified information; and 

6 ‘‘(bb) any allegations of how 

7 the decision may have been the 

8 result of the agency failing to 

9 properly conduct a review under 

10 subsection (b); and 

11 ‘‘(II) supporting materials and 

12 information for the allegations de13 scribed under subclause (I). 

14 ‘‘(B) TIMELINESS.—The Security Execu15 tive Agent shall ensure that, on average, review 

16 of each appeal filed under this subsection is 

17 completed not later than 180 days after the 

18 date on which the appeal is filed. 

19 ‘‘(3) DECISIONS AND REMANDS.— 

20 ‘‘(A) IN GENERAL.—If, in the course of re21 viewing under this subsection a decision of an 

22 agency under subsection (b), the panel estab23 lished under paragraph (1) decides that there is 

24 sufficient evidence of a violation of section 

25 801A(b) to merit a new hearing or decides that 


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1 the decision of the agency was the result of an 

2 improperly conducted review under subsection 

3 (b), the panel shall vacate the decision made 

4 under subsection (b) and remand to the agency 

5 by which the covered person shall be eligible for 

6 a new appeal under subsection (b). 

7 ‘‘(B) WRITTEN DECISIONS.—Each decision 

8 of the panel established under paragraph (1) 

9 shall be in writing and contain a justification of 

10 the decision. 

11 ‘‘(C) CONSISTENCY.—The panel under 

12 paragraph (1) shall ensure that each decision of 

13 the panel is consistent with the interests of na14 tional security and applicable provisions of law. 

15 ‘‘(D) FINALITY.— 

16 ‘‘(i) IN GENERAL.—Except as pro17 vided in clause (ii), each decision of the 

18 panel established under paragraph (1) 

19 shall be final. 

20 ‘‘(ii) OVERTURN.—The Security Exec21 utive Agent may overturn a decision of the 

22 panel if, not later than 30 days after the 

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1 ally exercises the authority granted by this 

2 clause to overturn such decision. 

3 ‘‘(E) NATURE OF REMANDS.—In remand4 ing a decision under subparagraph (A), the 

5 panel established under paragraph (1) may not 

6 direct the outcome of any further appeal under 

7 subsection (b). 

8 ‘‘(F) NOTICE OF DECISIONS.—For each 

9 decision of the panel established under para10 graph (1) regarding a covered person, the Secu11 rity Executive Agent shall provide the covered 

12 person with a written notice of the decision that 

13 includes a detailed description of the reasons 

14 for the decision, consistent with the interests of 

15 national security and applicable provisions of 

16 law. 

17 ‘‘(4) REPRESENTATION BY COUNSEL.— 

18 ‘‘(A) IN GENERAL.—The Security Execu19 tive Agent shall ensure that, under this sub20 section, a covered person appealing a decision 

21 under subsection (b) has an opportunity to re22 tain counsel or other representation at the cov23 ered person’s expense. 

24 ‘‘(B) ACCESS TO CLASSIFIED INFORMA25 TION.— 


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1 ‘‘(i) IN GENERAL.—Upon the request 

2 of the covered person and a showing that 

3 the ability to review classified information 

4 is essential to the resolution of an appeal 

5 under this subsection, the Security Execu6 tive Agent shall sponsor an application by 

7 the counsel or other representation re8 tained under this paragraph for access to 

9 classified information for the limited pur10 poses of such appeal. 

11 ‘‘(ii) EXTENT OF ACCESS.—Counsel 

12 or another representative who is cleared 

13 for access under this subparagraph may be 

14 afforded access to relevant classified mate15 rials to the extent consistent with the in16 terests of national security. 

17 ‘‘(5) ACCESS TO DOCUMENTS AND EMPLOY18 EES.— 

19 ‘‘(A) AFFORDING ACCESS TO MEMBERS OF

20 PANEL.—The Security Executive Agent shall 

21 afford access to classified information to the 

22 members of the panel established under para23 graph (1)(A) as the Security Executive Agent 

24 determines— 


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1 ‘‘(i) necessary for the panel to review 

2 a decision described in such paragraph; 

3 and 

4 ‘‘(ii) consistent with the interests of 

5 national security. 

6 ‘‘(B) AGENCY COMPLIANCE WITH RE7 QUESTS OF PANEL.—Each head of an agency 

8 shall comply with each request by the panel for 

9 a document and each request by the panel for 

10 access to employees of the agency necessary for 

11 the review of an appeal under this subsection, 

12 to the degree that doing so is, as determined by 

13 the head of the agency and permitted by appli14 cable provisions of law, consistent with the in15 terests of national security. 

16 ‘‘(6) PUBLICATION OF DECISIONS.— 

17 ‘‘(A) IN GENERAL.—For each final deci18 sion on an appeal under this subsection, the 

19 head of the agency with respect to which the 

20 appeal pertains and the Security Executive 

21 Agent shall each publish the decision, consistent 

22 with the interests of national security. 

23 ‘‘(B) REQUIREMENTS.—In order to ensure 

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1 stand how the clearance process works, each 

2 publication under subparagraph (A) shall be— 

3 ‘‘(i) made in a manner that is con4 sistent with section 552 of title 5, United 

5 States Code, as amended by the Electronic 

6 Freedom of Information Act Amendments 

7 of 1996 (Public Law 104–231); 

8 ‘‘(ii) published to explain the facts of 

9 the case, redacting personally identifiable 

10 information and sensitive program infor11 mation; and 

12 ‘‘(iii) made available on a website that 

13 is searchable by members of the public. 

14 ‘‘(d) PERIOD OF TIME FOR THE RIGHT TO AP15 PEAL.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), any covered person who has been the sub18 ject of a decision made by the head of an agency to 

19 deny or revoke eligibility for access to classified in20 formation shall retain all rights to appeal under this 

21 section until the conclusion of the appeals process 

22 under this section. 

23 ‘‘(2) WAIVER OF RIGHTS.— 

24 ‘‘(A) PERSONS.—Any covered person may 

25 voluntarily waive the covered person’s right to 


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1 appeal under this section and such waiver shall 

2 be conclusive. 

3 ‘‘(B) AGENCIES.—The head of an agency 

4 may not require a covered person to waive the 

5 covered person’s right to appeal under this sec6 tion for any reason. 

7 ‘‘(e) WAIVER OF AVAILABILITY OF PROCEDURES FOR

8 NATIONAL SECURITY INTEREST.— 

9 ‘‘(1) IN GENERAL.—If the head of an agency 

10 determines that a procedure established under sub11 section (b) cannot be made available to a covered 

12 person in an exceptional case without damaging a 

13 national security interest of the United States by re14 vealing classified information, such procedure shall 

15 not be made available to such covered person. 

16 ‘‘(2) FINALITY.—A determination under para17 graph (1) shall be final and conclusive and may not 

18 be reviewed by any other official or by any court. 

19 ‘‘(3) REPORTING.— 

20 ‘‘(A) CASE-BY-CASE.— 

21 ‘‘(i) IN GENERAL.—In each case in 

22 which the head of an agency determines 

23 under paragraph (1) that a procedure es24 tablished under subsection (b) cannot be 

25 made available to a covered person, the 


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1 agency head shall, not later than 30 days 

2 after the date on which the agency head 

3 makes such determination, submit to the 

4 Security Executive Agent and to the con5 gressional intelligence committees a report 

6 stating the reasons for the determination. 

7 ‘‘(ii) FORM.—A report submitted 

8 under clause (i) may be submitted in clas9 sified form as necessary. 

10 ‘‘(B) ANNUAL REPORTS.— 

11 ‘‘(i) IN GENERAL.—Not less fre12 quently than once each fiscal year, the Se13 curity Executive Agent shall submit to the 

14 congressional intelligence committees a re15 port on the determinations made under 

16 paragraph (1) during the previous fiscal 

17 year. 

18 ‘‘(ii) CONTENTS.—Each report sub19 mitted under clause (i) shall include, for 

20 the period covered by the report, the fol21 lowing: 

22 ‘‘(I) The number of cases and 

23 reasons for determinations made 

24 under paragraph (1), disaggregated 

25 by agency. 


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1 ‘‘(II) Such other matters as the 

2 Security Executive Agent considers 

3 appropriate. 

4 ‘‘(f) DENIALS AND REVOCATIONS UNDER OTHER

5 PROVISIONS OF LAW.— 

6 ‘‘(1) RULE OF CONSTRUCTION.—Nothing in 

7 this section shall be construed to limit or affect the 

8 responsibility and power of the head of an agency to 

9 deny or revoke eligibility for access to classified in10 formation or to deny reciprocity of clearance in the 

11 interest of national security. 

12 ‘‘(2) DENIALS AND REVOCATION.—The power 

13 and responsibility to deny or revoke eligibility for ac14 cess to classified information or to deny reciprocity 

15 of clearance pursuant to any other provision of law 

16 or Executive order may be exercised only when the 

17 head of an agency determines that an applicable 

18 process established under this section cannot be in19 voked in a manner that is consistent with national 

20 security. 

21 ‘‘(3) FINALITY.—A determination under para22 graph (2) shall be final and conclusive and may not 

23 be reviewed by any other official or by any court. 

24 ‘‘(4) REPORTING.— 

25 ‘‘(A) CASE-BY-CASE.— 


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1 ‘‘(i) IN GENERAL.—In each case in 

2 which the head of an agency determines 

3 under paragraph (2) that a determination 

4 relating to a denial or revocation of eligi5 bility for access to classified information or 

6 denial of reciprocity of clearance could not 

7 be made pursuant to a process established 

8 under this section, the agency head shall, 

9 not later than 30 days after the date on 

10 which the agency head makes such a deter11 mination under paragraph (2), submit to 

12 the Security Executive Agent and to the 

13 congressional intelligence committees a re14 port stating the reasons for the determina15 tion. 

16 ‘‘(ii) FORM.—A report submitted 

17 under clause (i) may be submitted in clas18 sified form as necessary. 

19 ‘‘(B) ANNUAL REPORTS.— 

20 ‘‘(i) IN GENERAL.—Not less fre21 quently than once each fiscal year, the Se22 curity Executive Agent shall submit to the 

23 congressional intelligence committees a re24 port on the determinations made under 


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1 paragraph (2) during the previous fiscal 

2 year. 

3 ‘‘(ii) CONTENTS.—Each report sub4 mitted under clause (i) shall include, for 

5 the period covered by the report, the fol6 lowing: 

7 ‘‘(I) The number of cases and 

8 reasons for determinations made 

9 under paragraph (2), disaggregated 

10 by agency. 

11 ‘‘(II) Such other matters as the 

12 Security Executive Agent considers 

13 appropriate. 

14 ‘‘(g) RELATIONSHIP TO SUITABILITY.—No person 

15 may use a determination of suitability under part 731 of 

16 title 5, Code of Federal Regulations, or successor regula17 tion, for the purpose of denying a covered person the re18 view proceedings of this section where there has been a 

19 denial or revocation of eligibility for access to classified 

20 information or a denial of reciprocity of clearance. 

21 ‘‘(h) PRESERVATION OF ROLES AND RESPONSIBIL22 ITIES UNDER EXECUTIVE ORDER 10865 AND OF THE DE23 FENSE OFFICE OF HEARINGS AND APPEALS.—Nothing in 

24 this section shall be construed to diminish or otherwise 

25 affect the procedures in effect on the day before the date 


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1 of the enactment of this Act for denial and revocation pro2 cedures provided to individuals by Executive Order 10865 

3 (50 U.S.C. 3161 note; relating to safeguarding classified 

4 information within industry), or successor order, including 

5 those administered through the Defense Office of Hear6 ings and Appeals of the Department of Defense under De7 partment of Defense Directive 5220.6, or successor direc8 tive. 

9 ‘‘(i) RULE OF CONSTRUCTION RELATING TO CER10 TAIN OTHER PROVISIONS OF LAW.—This section and the 

11 processes and procedures established under this section 

12 shall not be construed to apply to paragraphs (6) and (7) 

13 of section 3001(j) of the Intelligence Reform and Ter14 rorism Prevention Act of 2004 (50 U.S.C. 3341(j)).’’. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents in the matter preceding section 2 of the Na17 tional Security Act of 1947 (50 U.S.C. 3002), as 

18 amended by subsection (c), is further amended by 

19 inserting after the item relating to section 801A the 

20 following: 

‘‘Sec. 801B. Right to appeal.’’. 

21 SEC. 402. ESTABLISHING PROCESS PARITY FOR SECURITY 

22 CLEARANCE REVOCATIONS. 

23 Subparagraph (C) of section 3001(j)(4) of the Intel24 ligence Reform and Terrorism Prevention Act of 2004 (50 

25 U.S.C. 3341(j)(4)) is amended to read as follows: 


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1 ‘‘(C) BURDENS OF PROOF.— 

2 ‘‘(i) IN GENERAL.—Subject to clause 

3 (iii), in determining whether the adverse 

4 security clearance or access determination 

5 violated paragraph (1), the agency shall 

6 find that paragraph (1) was violated if the 

7 individual has demonstrated that a disclo8 sure described in paragraph (1) was a con9 tributing factor in the adverse security 

10 clearance or access determination taken 

11 against the individual. 

12 ‘‘(ii) CIRCUMSTANTIAL EVIDENCE.— 

13 An individual under clause (i) may dem14 onstrate that the disclosure was a contrib15 uting factor in the adverse security clear16 ance or access determination taken against 

17 the individual through circumstantial evi18 dence, such as evidence that— 

19 ‘‘(I) the official making the de20 termination knew of the disclosure; 

21 and 

22 ‘‘(II) the determination occurred 

23 within a period such that a reasonable 

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1 sure was a contributing factor in the 

2 determination. 

3 ‘‘(iii) DEFENSE.—In determining 

4 whether the adverse security clearance or 

5 access determination violated paragraph 

6 (1), the agency shall not find that para7 graph (1) was violated if, after a finding 

8 that a disclosure was a contributing factor, 

9 the agency demonstrates by clear and con10 vincing evidence that it would have made 

11 the same security clearance or access de12 termination in the absence of such disclo13 sure.’’. 

14 SEC. 403. FEDERAL POLICY ON SHARING OF DEROGATORY 

15 INFORMATION PERTAINING TO CONTRACTOR 

16 EMPLOYEES IN THE TRUSTED WORKFORCE. 

17 (a) POLICY REQUIRED.—Not later than 180 days 

18 after the date of the enactment of this Act, the Security 

19 Executive Agent, in coordination with the principal mem20 bers of the Performance Accountability Council and the 

21 Attorney General, shall issue a policy for the Federal Gov22 ernment on sharing of derogatory information pertaining 

23 to contractor employees engaged by the Federal Govern24 ment. 

25 (b) CONSENT REQUIREMENT.— 


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1 (1) IN GENERAL.—The policy issued under sub2 section (a) shall require, as a condition of accepting 

3 a security clearance with the Federal Government, 

4 that a contractor employee provide prior written con5 sent for the Federal Government to share covered 

6 derogatory information with the chief security officer 

7 of the contractor employer that employs the con8 tractor employee. 

9 (2) COVERED DEROGATORY INFORMATION.— 

10 For purposes of this section, covered derogatory in11 formation— 

12 (A) is information that— 

13 (i) contravenes National Security Ad14 judicative Guidelines as specified in Secu15 rity Executive Agent Directive 4 (10 

16 C.F.R. 710 app. A), or any successor Fed17 eral policy; 

18 (ii) a Federal Government agency cer19 tifies is accurate and reliable; 

20 (iii) is relevant to a contractor’s abil21 ity to protect against insider threats as re22 quired by section 1–202 of the National 

23 Industrial Security Program Operating 

24 Manual (NISPOM), or successor manual; 

25 and 


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1 (iv) may have a bearing on the con2 tractor employee’s suitability for a position 

3 of public trust or to receive credentials to 

4 access certain facilities of the Federal Gov5 ernment; and 

6 (B) shall include any negative information 

7 considered in the adjudicative process, including 

8 information provided by the contractor em9 ployee on forms submitted for the processing of 

10 the contractor employee’s security clearance. 

11 (c) ELEMENTS.—The policy issued under subsection 

12 (a) shall— 

13 (1) require Federal agencies, except under ex14 ceptional circumstances specified by the Security Ex15 ecutive Agent, to share with the contractor employer 

16 of a contractor employee engaged with the Federal 

17 Government the existence of potentially derogatory 

18 information and which National Security Adjudica19 tive Guideline it falls under, with the exception that 

20 the Security Executive Agent may waive such re21 quirement in circumstances the Security Executive 

22 Agent considers extraordinary; 

23 (2) require that covered derogatory information 

24 shared with a contractor employer as described in 

25 subsection (b)(1) be used by the contractor employer 


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1 exclusively for risk mitigation purposes under section 

2 1–202 of the National Industrial Security Program 

3 Operating Manual, or successor manual; 

4 (3) require Federal agencies to share any miti5 gation measures in place to address the derogatory 

6 information; 

7 (4) establish standards for timeliness for shar8 ing the derogatory information; 

9 (5) specify the methods by which covered derog10 atory information will be shared with the contractor 

11 employer of the contractor employee; 

12 (6) allow the contractor employee, within a 

13 specified timeframe, the right— 

14 (A) to contest the accuracy and reliability 

15 of covered derogatory information; 

16 (B) to address or remedy any concerns 

17 raised by the covered derogatory information; 

18 and 

19 (C) to provide documentation pertinent to 

20 subparagraph (A) or (B) for an agency to place 

21 in relevant security clearance databases; 

22 (7) establish a procedure by which the con23 tractor employer of the contractor employee may 

24 consult with the Federal Government prior to taking 

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1 tional Industrial Security Program Operating Man2 ual, or successor manual, to address the derogatory 

3 information the Federal agency has provided; 

4 (8) stipulate that the chief security officer of 

5 the contractor employer is prohibited from sharing 

6 or discussing covered derogatory information with 

7 other parties, including nonsecurity professionals at 

8 the contractor employer; and 

9 (9) require companies in the National Indus10 trial Security Program to comply with the policy. 

11 (d) CONSIDERATION OF LESSONS LEARNED FROM

12 INFORMATION-SHARING PROGRAM FOR POSITIONS OF

13 TRUST AND SECURITY CLEARANCES.—In developing the 

14 policy issued under subsection (a), the Director shall con15 sider, to the extent available, lessons learned from actions 

16 taken to carry out section 6611(f) of the National Defense 

17 Authorization Act for Fiscal Year 2020 (Public Law 116– 

18 92). 

19 TITLE V—REPORTS AND OTHER 

20 MATTERS 

21 SEC. 501. SECURE AND TRUSTED TECHNOLOGY. 

22 (a) DEFINITIONS.—In this section: 

23 (1) APPROPRIATE COMMITTEES OF CON24 GRESS.—The term ‘‘appropriate committees of Con25 gress’’ means— 


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1 (A) the Select Committee on Intelligence of 

2 the Senate; 

3 (B) the Committee on Foreign Relations of 

4 the Senate; 

5 (C) the Committee on Homeland Security 

6 and Governmental Affairs of the Senate; 

7 (D) the Committee on Armed Services of 

8 the Senate; 

9 (E) the Committee on Commerce, Science, 

10 and Transportation of the Senate; 

11 (F) the Permanent Select Committee on 

12 Intelligence of the House of Representatives; 

13 (G) the Committee on Foreign Affairs of 

14 the House of Representatives; 

15 (H) the Committee on Homeland Security 

16 of the House of Representatives; 

17 (I) the Committee on Armed Services of 

18 the House of Representatives; and 

19 (J) the Committee on Energy and Com20 merce of the House of Representatives. 

21 (2) FIFTH-GENERATION WIRELESS NET22 WORK.—The term ‘‘fifth-generation wireless net23 work’’ means a radio network as described by the 

24 3rd Generation Partnership Project (3GPP) Release 

25 15 or higher. 


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1 (b) SUPPORTING THE DEVELOPMENT AND ADOPTION

2 OF SECURE AND TRUSTED TECHNOLOGIES AMONG IN3 TELLIGENCE ALLIES AND PARTNERS.— 

4 (1) COMMUNICATIONS TECHNOLOGY SECURITY

5 AND INNOVATION FUND.— 

6 (A) ESTABLISHMENT OF FUND.— 

7 (i) IN GENERAL.—There is established 

8 in the Treasury of the United States a 

9 fund to be known as the ‘‘Communications 

10 Technology Security and Innovation 

11 Fund’’ (referred to in this paragraph as 

12 the ‘‘Security Fund’’). 

13 (ii) ADMINISTRATION.—The Director 

14 of the Defense Advanced Research Projects 

15 Agency and the Director of the Intelligence 

16 Advanced Research Projects Activity shall 

17 jointly administer the Security Fund. 

18 (iii) CONTENTS OF FUND.— 

19 (I) IN GENERAL.—The fund shall 

20 consist of— 

21 (aa) amounts appropriated 

22 pursuant to the authorization of 

23 appropriations under paragraph 

24 (3)(A); and 


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1 (bb) such other amounts as 

2 may be appropriated or otherwise 

3 made available to the Director of 

4 the Defense Advanced Research 

5 Projects Agency and the Director 

6 of the Intelligence Advanced Re7 search Projects Activity to be de8 posited in the Security Fund. 

9 (II) AVAILABILITY.— 

10 (aa) IN GENERAL.— 

11 Amounts deposited in the Secu12 rity Fund shall remain available 

13 through the end of the tenth fis14 cal year beginning after the date 

15 of the enactment of this Act. 

16 (bb) REMAINDER TO TREAS17 URY.—Any amounts remaining in 

18 the Security Fund after the end 

19 of the tenth fiscal year beginning 

20 after the date of the enactment 

21 of this Act shall be deposited in 

22 the general fund of the Treasury. 

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1 vanced Research Projects Agency and the 

2 Director of the Intelligence Advanced Re3 search Projects Activity to award grants 

4 under subparagraph (B). 

5 (B) GRANTS.— 

6 (i) IN GENERAL.—The Director of the 

7 Defense Advanced Research Projects Agen8 cy and the Director of the Intelligence Ad9 vanced Research Projects Activity shall 

10 award grants to support research and the 

11 commercial application of such research, 

12 including in the following areas: 

13 (I) Promoting the development of 

14 technology, including software, hard15 ware, and microprocessing technology, 

16 that will enhance competitiveness in 

17 fifth-generation (commonly known as 

18 ‘‘5G’’) and successor wireless tech19 nology supply chains. 

20 (II) Accelerating development 

21 and deployment of open interface, 

22 standards-based compatible interoper23 able equipment, such as equipment 

24 developed pursuant to the standards 

25 set forth by organizations such as the 


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1 O–RAN Alliance, the Telecom Infra 

2 Project, 3GPP, the O–RAN Software 

3 Community, or any successor organi4 zations. 

5 (III) Promoting compatibility of 

6 new fifth-generation wireless network 

7 equipment with future open stand8 ards-based interoperable equipment. 

9 (IV) Managing integration of 

10 multivendor network environments. 

11 (V) Objective criteria to define 

12 equipment as compliant with open 

13 standards for multivendor network 

14 equipment interoperability. 

15 (VI) Promoting development and 

16 inclusion of security features enhanc17 ing the integrity and availability of 

18 equipment in multivendor networks. 

19 (VII) Promoting the application 

20 of network function virtualization to 

21 facilitate multivendor interoperability 

22 and a more diverse vendor market. 

23 (ii) AMOUNT.— 

24 (I) IN GENERAL.—Subject to 

25 subclause (II), a grant awarded under 


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1 clause (i) shall be in such amount as 

2 the Director of the Defense Advanced 

3 Research Projects Agency and the Di4 rector of the Intelligence Advanced 

5 Research Projects Activity consider 

6 appropriate. 

7 (II) LIMITATION ON GRANT

8 AMOUNTS.—The amount of a grant 

9 awarded under this paragraph to a re10 cipient for a specific research focus 

11 area may not exceed $100,000,000. 

12 (iii) CRITERIA.—The Director of the 

13 Defense Advanced Research Projects Agen14 cy and the Director of the Intelligence Ad15 vanced Research Projects Activity, in con16 sultation with the Assistant Secretary of 

17 Commerce for Communications and Infor18 mation, the Director of the National Insti19 tute of Standards and Technology, and the 

20 Secretary of Homeland Security, shall 

21 jointly establish criteria for grants awarded 

22 under clause (i). 

23 (iv) TIMING.—Not later than 1 year 

24 after the date of the enactment of this Act, 

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1 search Projects Agency and the Director of 

2 the Intelligence Advanced Research 

3 Projects Activity shall begin awarding 

4 grants under clause (i). 

5 (C) FEDERAL ADVISORY BODY.— 

6 (i) ESTABLISHMENT.—The Director 

7 of the Defense Advanced Research Projects 

8 Agency and the Director of the Intelligence 

9 Advanced Research Projects Activity shall 

10 establish a Federal advisory committee, in 

11 accordance with the Federal Advisory 

12 Committee Act (5 U.S.C. App.), composed 

13 of government and private sector experts, 

14 to advise the Director of the Defense Ad15 vanced Research Projects Agency and the 

16 Director of the Intelligence Advanced Re17 search Projects Activity on the administra18 tion of the Security Fund. 

19 (ii) COMPOSITION.—The advisory 

20 committee established under clause (i) 

21 shall be composed of— 

22 (I) representatives from— 

23 (aa) the Federal Commu24 nications Commission; 


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1 (bb) the National Institute 

2 of Standards and Technology; 

3 (cc) the Department of 

4 State; 

5 (dd) the National Science 

6 Foundation; and 

7 (ee) the Department of 

8 Homeland Security; and 

9 (II) other representatives from 

10 the private and public sectors, at the 

11 discretion of the Security Fund. 

12 (iii) DUTIES.—The advisory com13 mittee established under clause (i) shall 

14 advise the Director of the Defense Ad15 vanced Research Projects Agency and the 

16 Director of the Intelligence Advanced Re17 search Projects Activity on technology de18 velopments to help inform— 

19 (I) the strategic direction of the 

20 Security Fund; and 

21 (II) efforts of the Federal Gov22 ernment to promote a more secure, di23 verse, sustainable, and competitive 

24 supply chain. 

25 (D) REPORTS TO CONGRESS.— 


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1 (i) INITIAL REPORT.—Not later than 

2 180 days after the date of the enactment 

3 of this Act, the Director of the Defense 

4 Advanced Research Projects Agency and 

5 the Director of the Intelligence Advanced 

6 Research Projects Activity shall jointly 

7 submit to the appropriate committees of 

8 Congress a report with— 

9 (I) additional recommendations 

10 on promoting the competitiveness and 

11 sustainability of trusted suppliers in 

12 the wireless supply chain; and 

13 (II) any additional authorities 

14 needed to facilitate the timely adop15 tion of open standards-based equip16 ment, including authority to provide 

17 loans, loan guarantees, and other 

18 forms of credit extension that would 

19 maximize the use of designated funds. 

20 (ii) ANNUAL REPORT.—For each fis21 cal year for which amounts in the Security 

22 Fund are available under this paragraph, 

23 the Director of the Defense Advanced Re24 search Projects Agency and the Director of 

25 the Intelligence Advanced Research 


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1 Projects Activity shall submit to Congress 

2 a report that— 

3 (I) describes how, and to whom, 

4 grants have been awarded under sub5 paragraph (B); 

6 (II) details the progress of the 

7 Director of the Defense Advanced Re8 search Projects Agency and the Direc9 tor of the Intelligence Advanced Re10 search Projects Activity in meeting 

11 the objectives described in subpara12 graph (B)(i); and 

13 (III) includes such other informa14 tion as the Director of the Defense 

15 Advanced Research Projects Agency 

16 and the Director of the Intelligence 

17 Advanced Research Projects Activity 

18 determine appropriate. 

19 (2) MULTILATERAL TELECOMMUNICATIONS SE20 CURITY FUND.— 

21 (A) ESTABLISHMENT OF FUND.— 

22 (i) IN GENERAL.—There is established 

23 in the Treasury of the United States a 

24 fund to be known as the ‘‘Multilateral 

25 Telecommunications Security Fund’’ (in 


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1 this section referred to as the ‘‘Multilateral 

2 Fund’’). 

3 (ii) ADMINISTRATION.—The Director 

4 of National Intelligence and the Secretary 

5 of Defense shall jointly administer the 

6 Multilateral Fund. 

7 (iii) USE OF AMOUNTS.—Amounts in 

8 the Multilateral Fund shall be used to es9 tablish the common funding mechanism re10 quired by subparagraph (B). 

11 (iv) CONTENTS OF FUND.— 

12 (I) IN GENERAL.—The Multilat13 eral Fund shall consist of amounts 

14 appropriated pursuant to the author15 ization of appropriations under para16 graph (3)(B) and such other amounts 

17 as may be appropriated or otherwise 

18 made available to the Director and the 

19 Secretary to be deposited in the Multi20 lateral Fund. 

21 (II) AVAILABILITY.— 

22 (aa) IN GENERAL.— 

23 Amounts deposited in the Multi24 lateral Fund shall remain avail25 able through fiscal year 2031. 


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1 (bb) REMAINDER TO TREAS2 URY.—Any amounts remaining in 

3 the Fund after fiscal year 2031 

4 shall be deposited in the General 

5 Fund of the Treasury. 

6 (B) MULTILATERAL COMMON FUNDING

7 MECHANISM.— 

8 (i) IN GENERAL.—The Director and 

9 the Secretary shall jointly, in coordination 

10 with foreign partners, establish a common 

11 funding mechanism that uses amounts 

12 from the Multilateral Fund to support the 

13 development and adoption of secure and 

14 trusted telecommunications technologies in 

15 key markets globally. 

16 (ii) CONSULTATION REQUIRED.—The 

17 Director and the Secretary shall carry out 

18 clause (i) in consultation with the fol19 lowing: 

20 (I) The Federal Communications 

21 Commission. 

22 (II) The Secretary of State. 

23 (III) The Assistant Secretary of 

24 Commerce for Communications and 

25 Information. 


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1 (IV) The Director of the Defense 

2 Advanced Research Projects Agency. 

3 (V) The Director of the Intel4 ligence Advanced Research Projects 

5 Activity. 

6 (VI) The Under Secretary of 

7 Commerce for Standards and Tech8 nology. 

9 (C) ANNUAL REPORT TO CONGRESS.— 

10 (i) IN GENERAL.—Not later than 1 

11 year after the date of the enactment of this 

12 Act and not less frequently than once each 

13 fiscal year thereafter until fiscal year 

14 2031, the Director and the Secretary shall 

15 jointly submit to the appropriate commit16 tees of Congress an annual report on the 

17 Multilateral Fund and the use of amounts 

18 under subparagraph (B). 

19 (ii) CONTENTS.—Each report sub20 mitted under clause (i) shall include, for 

21 the fiscal year covered by the report, the 

22 following: 

23 (I) Any funding commitments 

24 from foreign partners, including each 

25 specific amount committed. 


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1 (II) Governing criteria for use of 

2 the amounts in the Multilateral Fund. 

3 (III) An account of— 

4 (aa) how, and to whom, 

5 funds have been deployed; 

6 (bb) amounts remaining in 

7 the Multilateral Fund; and 

8 (cc) the progress of the Di9 rector and the Secretary in meet10 ing the objective described in 

11 subparagraph (B)(i). 

12 (IV) Such recommendations for 

13 legislative or administrative action as 

14 the Director and the Secretary may 

15 have to enhance the effectiveness of 

16 the Multilateral Fund in achieving the 

17 security goals of the United States. 

18 (3) AUTHORIZATION OF APPROPRIATIONS.— 

19 (A) COMMUNICATIONS TECHNOLOGY SECU20 RITY AND INNOVATION FUND.—There is au21 thorized to be appropriated to carry out para22 graph (1) $750,000,000 for the period of fiscal 

23 years 2021 through 2031. 

24 (B) MULTILATERAL TELECOMMUNI25 CATIONS SECURITY FUND.—There is authorized 


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1 to be appropriated to carry out paragraph (2) 

2 $750,000,000 for the period of fiscal years 

3 2021 through 2031. 

4 (c) EXPOSING POLITICAL PRESSURE IN INTER5 NATIONAL STANDARDS-SETTING BODIES THAT SET

6 STANDARDS FOR FIFTH-GENERATION WIRELESS NET7 WORKS.— 

8 (1) REPORT REQUIRED.— 

9 (A) IN GENERAL.—Not later than 120 

10 days after the date of the enactment of this 

11 Act, the Director of National Intelligence shall 

12 submit to the appropriate committees of Con13 gress a report on political pressure within inter14 national forums that set standards for fifth15 generation wireless networks and for future 

16 generations of wireless networks, including— 

17 (i) the International Telecommuni18 cation Union (ITU); 

19 (ii) the International Organization for 

20 Standardization (ISO); 

21 (iii) the Inter-American Telecommuni22 cation Commission (CITEL); and 

23 (iv) the voluntary standards organiza24 tions that develop protocols for wireless de25 vices and other equipment, such as the 3rd 


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1 Generation Partnership Project (3GPP) 

2 and the Institute of Electrical and Elec3 tronics Engineers (IEEE). 

4 (B) FORM.—The report submitted under 

5 subparagraph (A) shall be submitted in unclas6 sified form, but may include a classified annex. 

7 (2) CONSULTATION REQUIRED.—The Director 

8 and the Secretary shall carry out paragraph (1) in 

9 consultation with the following: 

10 (A) The Federal Communications Commis11 sion. 

12 (B) The Secretary of State. 

13 (C) The Assistant Secretary of Commerce 

14 for Communications and Information. 

15 (D) The Director of the Defense Advanced 

16 Research Projects Agency. 

17 (E) The Director of the Intelligence Ad18 vanced Research Projects Activity. 

19 (F) The Under Secretary of Commerce for 

20 Standards and Technology. 

21 (d) EXPANDING FIFTH-GENERATION WIRELESS

22 NETWORK TESTBEDS TO INCREASE SUPPLIER DIVERSITY

23 AND SECURITY USING OPEN-ARCHITECTURE STAND24 ARDS.— 


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1 (1) REPORT REQUIRED.—Not later than 60 

2 days after the date of the enactment of this Act, the 

3 Director of National Intelligence and the Secretary 

4 of Defense shall jointly submit to the appropriate 

5 committees of Congress a report on developing fifth6 generation wireless network testbeds for development 

7 of military and dual-use applications that use open 

8 interface, standards-based compatible interoperable 

9 equipment, such as equipment developed pursuant to 

10 the standards set forth by organizations such as the 

11 O–RAN Alliance, the Telecom Infra Project, the 3rd 

12 Generation Partnership Project (3GPP), the O– 

13 RAN Software Community, or any successor organi14 zations. 

15 (2) FOREIGN EFFORTS.—The report submitted 

16 under paragraph (1) shall include information about 

17 ongoing efforts by China and the United Kingdom 

18 to build similar testbeds for virtualized telecommuni19 cations technologies. 


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1 SEC. 502. REPORT ON ATTEMPTS BY FOREIGN ADVER2 SARIES TO BUILD TELECOMMUNICATIONS 

3 AND CYBERSECURITY EQUIPMENT AND 

4 SERVICES FOR, OR TO PROVIDE SUCH EQUIP5 MENT AND SERVICES TO, CERTAIN ALLIES OF 

6 THE UNITED STATES. 

7 (a) DEFINITIONS.—In this section: 

8 (1) APPROPRIATE COMMITTEES OF CON9 GRESS.—The term ‘‘appropriate committees of Con10 gress’’ means— 

11 (A) the Committee on Armed Services and 

12 the Select Committee on Intelligence of the 

13 Senate; and 

14 (B) the Committee on Armed Services and 

15 the Permanent Select Committee on Intelligence 

16 of the House of Representatives. 

17 (2) FIVE EYES COUNTRY.—The term ‘‘Five 

18 Eyes country’’ means any of the following: 

19 (A) Australia. 

20 (B) Canada. 

21 (C) New Zealand. 

22 (D) The United Kingdom. 

23 (E) The United States. 

24 (b) REPORT REQUIRED.—Not later than 90 days 

25 after the date of the enactment of this Act, the Director 

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1 tional Security Agency, and the Director of the Defense 

2 Intelligence Agency shall jointly submit to the appropriate 

3 committees of Congress a report on attempts by foreign 

4 adversaries to build telecommunications and cybersecurity 

5 equipment and services for, or to provide such equipment 

6 and services to, Five Eyes countries. 

7 (c) ELEMENTS.—The report submitted under sub8 section (b) shall include the following: 

9 (1) An assessment of United States intelligence 

10 sharing and intelligence and military force posture 

11 in any Five Eyes country that currently uses or in12 tends to use telecommunications or cybersecurity 

13 equipment or services provided by a foreign adver14 sary of the United States, including China and Rus15 sia. 

16 (2) A description and assessment of mitigation 

17 of any potential compromises or risks for any cir18 cumstance described in paragraph (1). 

19 (d) FORM.—The report required by subsection (b) 

20 shall include an unclassified executive summary, and may 

21 include a classified annex. 


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1 SEC. 503. REPORT ON THREATS POSED BY USE BY FOREIGN 

2 GOVERNMENTS AND ENTITIES OF COMMER3 CIALLY AVAILABLE CYBER INTRUSION AND 

4 SURVEILLANCE TECHNOLOGY. 

5 (a) REPORT REQUIRED.—Not later than 180 days 

6 after the date of the enactment of this Act, the Director 

7 of National Intelligence shall submit to the congressional 

8 intelligence committees a report on the threats posed by 

9 the use by foreign governments and entities of commer10 cially available cyber intrusion and other surveillance tech11 nology. 

12 (b) CONTENTS.—The report required by subsection 

13 (a) shall include the following: 

14 (1) Matters relating to threats described in sub15 section (a) as they pertain to the following: 

16 (A) The threat posed to United States per17 sons and persons inside the United States. 

18 (B) The threat posed to United States per19 sonnel overseas. 

20 (C) The threat posed to employees of the 

21 Federal Government, including through both of22 ficial and personal accounts and devices. 

23 (2) A description of which foreign governments 

24 and entities pose the greatest threats from the use 

25 of technology described in subsection (a) and the na26 ture of those threats. 


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1 (3) An assessment of the source of the commer2 cially available cyber intrusion and other surveillance 

3 technology that poses the threats described in sub4 section (a), including whether such technology is 

5 made by United States companies or companies in 

6 the United States or by foreign companies. 

7 (4) An assessment of actions taken, as of the 

8 date of the enactment of this Act, by the Federal 

9 Government and foreign governments to limit the 

10 export of technology described in subsection (a) from 

11 the United States or foreign countries to foreign 

12 governments and entities in ways that pose the 

13 threats described in such subsection. 

14 (5) Matters relating to how the Federal Govern15 ment, Congress, and foreign governments can most 

16 effectively mitigate the threats described in sub17 section (a), including matters relating to the fol18 lowing: 

19 (A) Working with the technology and tele20 communications industry to identify and im21 prove the security of consumer software and 

22 hardware used by United States persons and 

23 persons inside the United States that is tar24 geted by commercial cyber intrusion and sur25 veillance software. 


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1 (B) Export controls. 

2 (C) Diplomatic pressure. 

3 (D) Trade agreements. 

4 (c) FORM.—The report submitted under subsection 

5 (a) shall be submitted in unclassified form, but may in6 clude a classified annex. 

7 SEC. 504. REPORTS ON RECOMMENDATIONS OF THE 

8 CYBERSPACE SOLARIUM COMMISSION. 

9 (a) FINDINGS.—Congress makes the following find10 ings: 

11 (1) The report issued by the Cyberspace Solar12 ium Commission under section 1652(k) of the John 

13 S. McCain National Defense Authorization Act for 

14 Fiscal Year 2019 (Public Law 115–232) is an im15 portant contribution toward better defending the 

16 United States against cyber attacks of catastrophic 

17 consequence. 

18 (2) The recommendations in such report pro19 vide potentially important opportunities for the pri20 vate and public sectors to implement critical changes 

21 that could harden United States defenses against 

22 cyber attacks. 

23 (b) REPORTS REQUIRED.—Not later than 180 days 

24 after the date of the enactment of this Act, each head of 

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1 gress a report on the recommendations included in the re2 port issued by the Cyberspace Solarium Commission under 

3 section 1652(k) of the John S. McCain National Defense 

4 Authorization Act for Fiscal Year 2019 (Public Law 115– 

5 232). 

6 (c) AGENCIES DESCRIBED.—The agencies described 

7 in this subsection are the following: 

8 (1) The Office of the Director of National Intel9 ligence. 

10 (2) The Department of Homeland Security. 

11 (3) The Department of Energy. 

12 (4) The Department of Commerce. 

13 (5) The Department of Defense. 

14 (d) CONTENTS.—Each report submitted under sub15 section (b) by the head of an agency described in sub16 section (c) shall include the following: 

17 (1) An evaluation of the recommendations in 

18 the report described in subsection (b) that pertain to 

19 the agency. 

20 (2) A description of the actions taken, or the 

21 actions that the head of the agency expects to take, 

22 to implement any of the recommendations included 

23 in such report. 

24 (e) ACTIONS THROUGH OFFICERS.— 


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1 (1) UNDER SECRETARY OF HOMELAND SECU2 RITY FOR INTELLIGENCE AND ANALYSIS.—In sub3 mitting a report under subsection (b), the Secretary 

4 of Homeland Security shall do so by acting through 

5 the Under Secretary of Homeland Security for Intel6 ligence and Analysis. 

7 (2) DIRECTOR OF INTELLIGENCE AND COUN8 TERINTELLIGENCE OF DEPARTMENT OF ENERGY.— 

9 In submitting a report under subsection (b), the 

10 Secretary of Energy shall do so by acting through 

11 the Director of Intelligence and Counterintelligence 

12 of the Department of Energy. 

13 SEC. 505. ASSESSMENT OF CRITICAL TECHNOLOGY TRENDS 

14 RELATING TO ARTIFICIAL INTELLIGENCE, 

15 MICROCHIPS, AND SEMICONDUCTORS AND 

16 RELATED SUPPLY CHAINS. 

17 (a) ASSESSMENT REQUIRED.—Not later than 180 

18 days after the date of the enactment of this Act, the Direc19 tor of National Intelligence shall complete a detailed as20 sessment of critical technology trends relating to artificial 

21 intelligence, microchips, and semiconductors and related 

22 supply chains. 

23 (b) ELEMENTS.—The assessment required by sub24 section (a) shall include the following: 

25 (1) EXPORT CONTROLS.— 


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1 (A) IN GENERAL.—An assessment of ef2 forts by partner countries to enact and imple3 ment export controls and other technology 

4 transfer measures with respect to artificial in5 telligence, microchips, advanced manufacturing 

6 equipment, and other artificial intelligence en7 abled technologies critical to United States sup8 ply chains. 

9 (B) IDENTIFICATION OF OPPORTUNITIES

10 FOR COOPERATION.—The assessment under 

11 subparagraph (A) shall identify opportunities 

12 for further cooperation with international part13 ners on a multilateral and bilateral basis to 

14 strengthen export control regimes and address 

15 technology transfer threats. 

16 (2) SEMICONDUCTOR SUPPLY CHAINS.— 

17 (A) IN GENERAL.—An assessment of glob18 al semiconductor supply chains, including areas 

19 to reduce United States vulnerabilities and 

20 maximize points of leverage. 

21 (B) ANALYSIS OF POTENTIAL EFFECTS.— 

22 The assessment under subparagraph (A) shall 

23 include an analysis of the potential effects of 

24 significant geopolitical shifts, including those 

25 related to Taiwan. 


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1 (C) IDENTIFICATION OF OPPORTUNITIES

2 FOR DIVERSIFICATION.—The assessment under 

3 subparagraph (A) shall also identify opportuni4 ties for diversification of United States supply 

5 chains, including an assessment of cost, chal6 lenges, and opportunities to diversify manufac7 turing capabilities on a multinational basis. 

8 (3) COMPUTING POWER.—An assessment of 

9 trends relating to computing power and the effect of 

10 such trends on global artificial intelligence develop11 ment and implementation, in consultation with the 

12 Director of the Intelligence Advanced Research 

13 Projects Activity, the Director of the Defense Ad14 vanced Research Projects Agency, and the Director 

15 of the National Institute of Standards and Tech16 nology, including forward-looking assessments of 

17 how computing resources may affect United States 

18 national security, innovation, and implementation re19 lating to artificial intelligence. 

20 (c) REPORT.— 

21 (1) DEFINITION OF APPROPRIATE COMMITTEES

22 OF CONGRESS.—In this subsection, the term ‘‘appro23 priate committees of Congress’’ means— 

24 (A) the Select Committee on Intelligence, 

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1 mittee on Banking, Housing, and Urban Af2 fairs, and the Committee on Foreign Relations 

3 of the Senate; and 

4 (B) the Permanent Select Committee on 

5 Intelligence, the Committee on Armed Services, 

6 the Committee on Financial Services, and the 

7 Committee on Foreign Affairs of the House of 

8 Representatives. 

9 (2) IN GENERAL.—Not later than 180 days 

10 after the date of the enactment of this Act, the Di11 rector shall submit to the appropriate committees of 

12 Congress a report on the findings of the Director 

13 with respect to the assessment completed under sub14 section (a). 

15 (3) FORM.—The report submitted under para16 graph (2) shall be submitted in unclassified form, 

17 but may include a classified annex. 

18 SEC. 506. DUTY TO REPORT COUTERINTELLIGENCE 

19 THREATS TO CAMPAIGNS. 

20 (a) IN GENERAL.—Section 304 of the Federal Elec21 tion Campaign Act of 1971 (52 U.S.C. 30104) is amended 

22 by adding at the end the following new subsection: 

23 ‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN CON24 TACTS.— 


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1 ‘‘(1) COMMITTEE OBLIGATION.—Not later than 

2 1 week after a reportable foreign contact, each au3 thorized committee of a candidate for President shall 

4 notify the Federal Bureau of Investigation of the re5 portable foreign contact and provide a summary of 

6 the circumstances with respect to such reportable 

7 foreign contact. 

8 ‘‘(2) INDIVIDUAL OBLIGATION.—Not later than 

9 1 week after a reportable foreign contact— 

10 ‘‘(A) each candidate for the office of Presi11 dent shall notify the treasurer or other des12 ignated official of the principal campaign com13 mittee of such candidate of the reportable for14 eign contact and provide a summary of the cir15 cumstances with respect to such reportable for16 eign contact; and 

17 ‘‘(B) each official, employee, or agent of an 

18 authorized committee of a candidate for the of19 fice of President shall notify the treasurer or 

20 other designated official of the authorized com21 mittee of the reportable foreign contact and 

22 provide a summary of the circumstances with 

23 respect to such reportable foreign contact. 

24 ‘‘(3) REPORTABLE FOREIGN CONTACT.—In this 

25 subsection: 


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1 ‘‘(A) IN GENERAL.—The term ‘reportable 

2 foreign contact’ means any direct or indirect 

3 contact or communication that— 

4 ‘‘(i) is between— 

5 ‘‘(I) a candidate for the office of 

6 President, an authorized committee of 

7 such a candidate, or any official, em8 ployee, or agent of such authorized 

9 committee; and 

10 ‘‘(II) an individual that the per11 son described in subclause (I) knows, 

12 has reason to know, or reasonably be13 lieves is a covered foreign national; 

14 and 

15 ‘‘(ii) the person described in clause 

16 (i)(I) knows, has reason to know, or rea17 sonably believes involves— 

18 ‘‘(I) a contribution, donation, ex19 penditure, disbursement, or solicita20 tion described in section 319; or 

21 ‘‘(II) coordination or collabora22 tion with an offer or provision of in23 formation or services to or from, or 

24 persistent and repeated contact with a 


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1 covered foreign national in connection 

2 with an election. 

3 ‘‘(B) EXCEPTION.—Such term shall not in4 clude any contact or communication with a cov5 ered foreign national by an elected official or an 

6 employee of an elected official solely in an offi7 cial capacity as such an official or employee. 

8 ‘‘(C) COVERED FOREIGN NATIONAL DE9 FINED.— 

10 ‘‘(i) IN GENERAL.—In this paragraph, 

11 the term ‘covered foreign national’ 

12 means— 

13 ‘‘(I) a foreign principal (as de14 fined in section 1(b) of the Foreign 

15 Agents Registration Act of 1938 (22 

16 U.S.C. 611(b)) that is a government 

17 of a foreign country or a foreign polit18 ical party; 

19 ‘‘(II) any person who acts as an 

20 agent, representative, employee, or 

21 servant, or any person who acts in 

22 any other capacity at the order, re23 quest, or under the direction or con24 trol, of a foreign principal described in 

25 subclause (I) or of a person any of 


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1 whose activities are directly or indi2 rectly supervised, directed, controlled, 

3 financed, or subsidized in whole or in 

4 major part by a foreign principal de5 scribed in subclause (I); or 

6 ‘‘(III) any person included in the 

7 list of specially designated nationals 

8 and blocked persons maintained by 

9 the Office of Foreign Assets Control 

10 of the Department of the Treasury 

11 pursuant to authorities relating to the 

12 imposition of sanctions relating to the 

13 conduct of a foreign principal de14 scribed in subclause (I). 

15 ‘‘(ii) CLARIFICATION REGARDING AP16 PLICATION TO CITIZENS OF THE UNITED

17 STATES.—In the case of a citizen of the 

18 United States, subclause (II) of clause (i) 

19 applies only to the extent that the person 

20 involved acts within the scope of that per21 son’s status as the agent of a foreign prin22 cipal described in subclause (I) of clause 

23 (i). 

24 ‘‘(4) CLARIFICATION REGARDING VOLUN25 TEERS.—For purposes of paragraphs (2)(B) and 


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1 (3)(A)(i)(I), an unpaid volunteer shall not be treated 

2 as an official, employee, or agent of an authorized 

3 committee unless such unpaid volunteer has a sig4 nificant supervisory role or provides advice or input 

5 to the candidate or to senior officials of the author6 ized committee.’’. 

7 (b) FEDERAL CAMPAIGN FOREIGN CONTACT RE8 PORTING COMPLIANCE SYSTEM.—Section 302(e) of the 

9 Federal Election Campaign Act of 1971 (52 U.S.C. 

10 30102(e)) is amended by adding at the end the following 

11 new paragraph: 

12 ‘‘(6) REPORTABLE FOREIGN CONTACTS COMPLI13 ANCE POLICY.— 

14 ‘‘(A) REPORTING.—Each authorized com15 mittee of a candidate for the office of President 

16 shall establish a policy that requires all officials, 

17 employees, and agents of such committee to no18 tify the treasurer or other appropriate des19 ignated official of the committee of any report20 able foreign contact (as defined in section 

21 304(j)) not later than 1 week after such contact 

22 was made. 

23 ‘‘(B) RETENTION AND PRESERVATION OF

24 RECORDS.—Each authorized committee of a 

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1 lish a policy that provides for the retention and 

2 preservation of records and information related 

3 to reportable foreign contacts (as so defined) 

4 for a period of not less than 3 years. 

5 ‘‘(C) CERTIFICATION.—Upon designation 

6 of a political committee as an authorized com7 mittee by a candidate for the office of Presi8 dent, and with each report filed by such com9 mittee under section 304(a), the candidate shall 

10 certify that— 

11 ‘‘(i) the committee has in place poli12 cies that meet the requirements of sub13 paragraphs (A) and (B); 

14 ‘‘(ii) the committee has designated an 

15 official to monitor compliance with such 

16 policies; and 

17 ‘‘(iii) not later than 1 week after the 

18 beginning of any formal or informal affili19 ation with the committee, all officials, em20 ployees, and agents of such committee 

21 will— 

22 ‘‘(I) receive notice of such poli23 cies; 

24 ‘‘(II) be informed of the prohibi25 tions under section 319; and 


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1 ‘‘(III) sign a certification affirm2 ing their understanding of such poli3 cies and prohibitions.’’. 

4 (c) CRIMINAL PENALTIES.—Section 309(d)(1) of the 

5 Federal Election Campaign Act of 1971 (52 U.S.C. 

6 30109(d)(1)) is amended by adding at the end the fol7 lowing new subparagraphs: 

8 ‘‘(E) Any person who knowingly and will9 fully commits a violation of section 304(j) or 

10 section 302(e)(6) shall be fined under title 18, 

11 United States Code, imprisoned for not more 

12 than 3 years, or both. 

13 ‘‘(F) Any person who knowingly and will14 fully conceals or destroys any materials relating 

15 to a reportable foreign contact (as defined in 

16 section 304(j)) shall be fined under title 18, 

17 United States Code, imprisoned for not more 

18 than 3 years, or both.’’. 

19 (d) RULE OF CONSTRUCTION.—Nothing in this sec20 tion or the amendments made by this section shall be con21 strued— 

22 (1) to impede legitimate journalistic activities; 

23 or 

24 (2) to impose any additional limitation on the 

25 right of any individual who is not a citizen of the 


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1 United States or a national of the United States (as 

2 defined in section 101(a)(22) of the Immigration 

3 and Nationality Act) and who is not lawfully admit4 ted for permanent residence, as defined by section 

5 101(a)(20) of the Immigration and Nationality Act 

6 (8 U.S.C. 1101(a)(20)) to express political views or 

7 to participate in public discourse. 

8 SEC. 507. COMBATING CHINESE INFLUENCE OPERATIONS 

9 IN THE UNITED STATES AND STRENGTH10 ENING CIVIL LIBERTIES PROTECTIONS. 

11 (a) UPDATES TO ANNUAL REPORTS ON INFLUENCE

12 OPERATIONS AND CAMPAIGNS IN THE UNITED STATES BY

13 THE CHINESE COMMUNIST PARTY.—Section 1107(b) of 

14 the National Security Act of 1947 (50 U.S.C. 3237(b)) 

15 is amended— 

16 (1) by redesignating paragraph (8) as para17 graph (9); and 

18 (2) by inserting after paragraph (7) the fol19 lowing: 

20 ‘‘(8) An identification of influence activities and 

21 operations employed by the Chinese Communist 

22 Party against the United States science and tech23 nology sectors, specifically employees of the United 

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1 dents in the science and technology sector in the 

2 United States.’’. 

3 (b) PLAN FOR FEDERAL BUREAU OF INVESTIGATION

4 TO INCREASE PUBLIC AWARENESS AND DETECTION OF

5 INFLUENCE ACTIVITIES BY THE GOVERNMENT OF THE

6 PEOPLE’S REPUBLIC OF CHINA.— 

7 (1) PLAN REQUIRED.—Not later than 90 days 

8 after the date of the enactment of this Act, the Di9 rector of the Federal Bureau of Investigation shall 

10 submit to the congressional intelligence committees a 

11 plan— 

12 (A) to increase public awareness of influ13 ence activities by the Government of the Peo14 ple’s Republic of China; and 

15 (B) to publicize mechanisms that members 

16 of the public can use— 

17 (i) to detect such activities; and 

18 (ii) to report such activities to the Bu19 reau. 

20 (2) CONSULTATION.—In carrying out para21 graph (1), the Director shall consult with the fol22 lowing: 

23 (A) The Director of the Office of Science 

24 and Technology Policy. 


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1 (B) Such other stakeholders outside the in2 telligence community, including professional as3 sociations, institutions of higher education, 

4 businesses, and civil rights and multicultural 

5 organizations, as the Director determines rel6 evant. 

7 (c) RECOMMENDATIONS OF THE FEDERAL BUREAU

8 OF INVESTIGATION TO STRENGTHEN RELATIONSHIPS

9 AND BUILD TRUST WITH COMMUNITIES OF INTEREST.— 

10 (1) IN GENERAL.—The Director of the Federal 

11 Bureau of Investigation, in consultation with the As12 sistant Attorney General for the Civil Rights Divi13 sion and the Chief Privacy and Civil Liberties Offi14 cer of the Department of Justice, shall develop rec15 ommendations to strengthen relationships with com16 munities targeted by influence activities of the Gov17 ernment of the People’s Republic of China and build 

18 trust with such communities through local and re19 gional grassroots outreach. 

20 (2) SUBMITTAL TO CONGRESS.—Not later than 

21 1 year after the date of the enactment of this Act, 

22 the Director shall submit to Congress the rec23 ommendations developed under paragraph (1). 

24 (d) TECHNICAL CORRECTIONS.—The National Secu25 rity Act of 1947 (50 U.S.C. 3001 et seq.) is amended— 


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1 (1) in section 1107 (50 U.S.C. 3237)— 

2 (A) in the section heading, by striking 

3 ‘‘COMMUNIST PARTY OF CHINA’’ and insert4 ing ‘‘CHINESE COMMUNIST PARTY’’; and 

5 (B) by striking ‘‘Communist Party of 

6 China’’ both places it appears and inserting 

7 ‘‘Chinese Communist Party’’; and 

8 (2) in the table of contents before section 2 (50 

9 U.S.C. 3002), by striking the item relating to sec10 tion 1107 and inserting the following new item: 

‘‘Sec. 1107. Annual reports on influence operations and campaigns in the 

United States by the Chinese Communist Party.’’. 

11 SEC. 508. ANNUAL REPORT ON CORRUPT ACTIVITIES OF 

12 SENIOR OFFICIALS OF THE CHINESE COM13 MUNIST PARTY. 

14 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

15 CONGRESS.—In this section, the term ‘‘appropriate com16 mittees of Congress’’ means— 

17 (1) the Committee on Banking, Housing, and 

18 Urban Affairs, the Committee on Finance, the Com19 mittee on Foreign Relations, and the Select Com20 mittee on Intelligence of the Senate; and 

21 (2) the Committee on Financial Services, the 

22 Committee on Foreign Affairs, the Committee on 

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1 mittee on Intelligence of the House of Representa2 tives. 

3 (b) ANNUAL REPORT REQUIRED.— 

4 (1) IN GENERAL.—Not later than 90 days after 

5 the date of the enactment of this Act, and annually 

6 thereafter through 2025, the Director of the Central 

7 Intelligence Agency shall submit to the appropriate 

8 committees of Congress a report on the corruption 

9 and corrupt activities of senior officials of the Chi10 nese Communist Party. 

11 (2) ELEMENTS.— 

12 (A) IN GENERAL.—Each report under 

13 paragraph (1) shall include the following: 

14 (i) A description of the wealth of, and 

15 corruption and corrupt activities among, 

16 senior officials of the Chinese Communist 

17 Party. 

18 (ii) A description of any recent actions 

19 of the officials described in clause (i) that 

20 could be considered a violation, or potential 

21 violation, of United States law. 

22 (iii) A description and assessment of 

23 targeted financial measures, including po24 tential targets for designation of the offi25 cials described in clause (i) for the corrupVerDate Sep 11 2014 00:27 Jun 09, 2020 Jkt 099200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S3905.RS S3905

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1 tion and corrupt activities described in that 

2 clause and for the actions described in 

3 clause (ii). 

4 (B) SCOPE OF REPORTS.—The first report 

5 under paragraph (1) shall include comprehen6 sive information on the matters described in 

7 subparagraph (A). Any succeeding report under 

8 paragraph (1) may consist of an update or sup9 plement to the preceding report under that sub10 section. 

11 (3) COORDINATION.—In preparing each report, 

12 update, or supplement under this subsection, the Di13 rector of the Central Intelligence Agency shall co14 ordinate as follows: 

15 (A) In preparing the description required 

16 by clause (i) of paragraph (2)(A), the Director 

17 of the Central Intelligence Agency shall coordi18 nate with the head of the Office of Intelligence 

19 and Analysis of the Department of the Treas20 ury and the Director of the Federal Bureau of 

21 Investigation. 

22 (B) In preparing the descriptions required 

23 by clauses (ii) and (iii) of such paragraph, the 

24 Director of the Central Intelligence Agency 

25 shall coordinate with the head of the Office of 


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1 Intelligence and Analysis of the Department of 

2 the Treasury. 

3 (4) FORM.—Each report under paragraph (1) 

4 shall include an unclassified executive summary, and 

5 may include a classified annex. 

6 (c) SENSE OF CONGRESS.—It is the sense of Con7 gress that the United States should undertake every effort 

8 and pursue every opportunity to expose the corruption and 

9 illicit practices of senior officials of the Chinese Com10 munist Party, including President Xi Jinping. 

11 SEC. 509. REPORT ON CORRUPT ACTIVITIES OF RUSSIAN 

12 AND OTHER EASTERN EUROPEAN 

13 OLIGARCHS. 

14 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

15 CONGRESS.—In this section, the term ‘‘appropriate com16 mittees of Congress’’ means— 

17 (1) the Committee on Banking, Housing, and 

18 Urban Affairs, the Committee on Finance, the Com19 mittee on Foreign Relations, and the Select Com20 mittee on Intelligence of the Senate; and 

21 (2) the Committee on Financial Services, the 

22 Committee on Foreign Affairs, the Committee on 

23 Ways and Means, and the Permanent Select Com24 mittee on Intelligence of the House of Representa25 tives. 


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1 (b) REPORT REQUIRED.—Not later than 100 days 

2 after the date of the enactment of this Act, the Director 

3 of the Central Intelligence Agency shall submit to the ap4 propriate committees of Congress and the Undersecretary 

5 of State for Public Diplomacy and Public Affairs a report 

6 on the corruption and corrupt activities of Russian and 

7 other Eastern European oligarchs. 

8 (c) ELEMENTS.— 

9 (1) IN GENERAL.—Each report under sub10 section (b) shall include the following: 

11 (A) A description of corruption and cor12 rupt activities among Russian and other East13 ern European oligarchs who support the Gov14 ernment of the Russian Federation, including 

15 estimates of the total assets of such oligarchs. 

16 (B) An assessment of the impact of the 

17 corruption and corrupt activities described pur18 suant to subparagraph (A) on the economy and 

19 citizens of Russia. 

20 (C) A description of any connections to, or 

21 support of, organized crime, drug smuggling, or 

22 human trafficking by an oligarch covered by 

23 subparagraph (A). 

24 (D) A description of any information that 

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1 sia among oligarchs covered by subparagraph 

2 (A). 

3 (E) A description and assessment of poten4 tial sanctions actions that could be imposed 

5 upon oligarchs covered by subparagraph (A) 

6 who support the leadership of the Government 

7 of Russia, including President Vladimir Putin. 

8 (2) SCOPE OF REPORTS.—The first report 

9 under subsection (a) shall include comprehensive in10 formation on the matters described in paragraph 

11 (1). Any succeeding report under subsection (a) may 

12 consist of an update or supplement to the preceding 

13 report under that subsection. 

14 (d) COORDINATION.—In preparing each report, up15 date, or supplement under this section, the Director of the 

16 Central Intelligence Agency shall coordinate as follows: 

17 (1) In preparing the assessment and descrip18 tions required by subparagraphs (A) through (D) of 

19 subsection (c)(1), the Director of the Central Intel20 ligence Agency shall coordinate with the head of the 

21 Office of Intelligence and Analysis of the Depart22 ment of the Treasury and the Director of the Fed23 eral Bureau of Investigation. 

24 (2) In preparing the description and assessment 

25 required by subparagraph (E) of such subsection, 


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1 the Director of the Central Intelligence Agency shall 

2 coordinate with the head of the Office of Intelligence 

3 and Analysis of the Department of the Treasury. 

4 (e) FORM.— 

5 (1) IN GENERAL.—Subject to paragraph (2), 

6 each report under subsection (b) shall include an un7 classified executive summary, and may include a 

8 classified annex. 

9 (2) UNCLASSIFIED FORM OF CERTAIN INFOR10 MATION.—The information described in subsection 

11 (c)(1)(D) in each report under subsection (b) shall 

12 be submitted in unclassified form. 

13 SEC. 510. REPORT ON BIOSECURITY RISK AND 

14 DISINFORMATION BY THE CHINESE COM15 MUNIST PARTY AND THE GOVERNMENT OF 

16 THE PEOPLE’S REPUBLIC OF CHINA. 

17 (a) DEFINITIONS.—In this section: 

18 (1) APPROPRIATE COMMITTEES OF CON19 GRESS.—The term ‘‘appropriate committees of Con20 gress’’ means— 

21 (A) the Select Committee on Intelligence, 

22 the Committee on Armed Services, the Com23 mittee on Foreign Relations, the Committee on 

24 Health, Education, Labor, and Pensions, and 


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1 the Committee on Homeland Security and Gov2 ernmental Affairs of the Senate; and 

3 (B) the Permanent Select Committee on 

4 Intelligence, the Committee on Armed Services, 

5 the Committee on Energy and Commerce, the 

6 Committee on Foreign Affairs, and the Com7 mittee on Homeland Security of the House of 

8 Representatives. 

9 (2) CRITICAL INFRASTRUCTURE.—The term 

10 ‘‘critical infrastructure’’ has the meaning given such 

11 term in section 1016(e) of the Uniting and 

12 Strengthening America by Providing Appropriate 

13 Tools Required to Intercept and Obstruct Terrorism 

14 (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 

15 5195c(e)). 

16 (b) REPORT REQUIRED.—Not later than 90 days 

17 after the date of the enactment of this Act, the Director 

18 of National Intelligence shall submit to the appropriate 

19 committees of Congress a report identifying whether and 

20 how officials of the Chinese Communist Party and the 

21 Government of the People’s Republic of China may have 

22 sought— 

23 (1) to suppress information about— 

24 (A) the outbreak of the novel coronavirus 

25 in Wuhan; 


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1 (B) the spread of the virus through China; 

2 and 

3 (C) the transmission of the virus to other 

4 countries; 

5 (2) to spread disinformation relating to the 

6 pandemic; or 

7 (3) to exploit the pandemic to advance their na8 tional security interests. 

9 (c) ASSESSMENTS.—The report required by sub10 section (b) shall include assessments of reported actions 

11 and the effect of those actions on efforts to contain the 

12 novel coronavirus pandemic, including each of the fol13 lowing: 

14 (1) The origins of the novel coronavirus out15 break, the time and location of initial infections, and 

16 the mode and speed of early viral spread. 

17 (2) Actions taken by the Government of China 

18 to suppress, conceal, or misinform the people of 

19 China and those of other countries about the novel 

20 coronavirus outbreak in Wuhan. 

21 (3) The effect of disinformation or the failure 

22 of the Government of China to fully disclose details 

23 of the outbreak on response efforts of local govern24 ments in China and other countries. 


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1 (4) Diplomatic, political, economic, intelligence, 

2 or other pressure on other countries and inter3 national organizations to conceal information about 

4 the spread of the novel coronavirus and the response 

5 of the Government of China to the contagion, as well 

6 as to influence or coerce early responses to the pan7 demic by other countries. 

8 (5) Efforts by officials of the Government of 

9 China to deny access to health experts and inter10 national health organizations to afflicted individuals 

11 in Wuhan, pertinent areas of the city, or laboratories 

12 of interest in China, including the Wuhan Institute 

13 of Virology. 

14 (6) Efforts by the Government of China, or 

15 those acting at its direction or with its assistance, to 

16 conduct cyber operations against international, na17 tional, or private health organizations conducting re18 search relating to the novel coronavirus or operating 

19 in response to the pandemic. 

20 (7) Efforts to control, restrict, or manipulate 

21 relevant segments of global supply chains, particu22 larly in the sale, trade, or provision of relevant medi23 cines, medical supplies, or medical equipment as a 

24 result of the pandemic. 


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1 (8) Efforts to advance the economic, intel2 ligence, national security, and political objectives of 

3 the Government of China by exploiting 

4 vulnerabilities of foreign governments, economies, 

5 and companies under financial duress as a result of 

6 the pandemic or to accelerate economic espionage 

7 and intellectual property theft. 

8 (9) Efforts to exploit the disruption of the 

9 pharmaceutical and telecommunications industries 

10 as well as other industries tied to critical infrastruc11 ture and bilateral trade between China and the 

12 United States and between China and allies and 

13 partners of the United States in order to advance 

14 the economic and political objectives of the Govern15 ment of China following the pandemic. 

16 (d) FORM.—The report required under subsection (b) 

17 shall be submitted in unclassified form, but may include 

18 a classified annex. 

19 SEC. 511. REPORT ON EFFECT OF LIFTING OF UNITED NA20 TIONS ARMS EMBARGO ON ISLAMIC REPUB21 LIC OF IRAN. 

22 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

23 CONGRESS.—In this section, the term ‘‘appropriate com24 mittees of Congress’’ means— 


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1 (1) the Select Committee on Intelligence, the 

2 Committee on Armed Services, and the Committee 

3 on Foreign Relations of the Senate; and 

4 (2) the Permanent Select Committee on Intel5 ligence, the Committee on Armed Services, and the 

6 Committee on Foreign Affairs of the House of Rep7 resentatives. 

8 (b) REPORT REQUIRED.—Not later than 90 days 

9 after the date of the enactment of this Act, the Director 

10 of the Defense Intelligence Agency, in consultation with 

11 such heads of other elements of the intelligence community 

12 as the Director considers appropriate, shall submit to the 

13 appropriate committees of Congress a report on— 

14 (1) the plans of the Government of the Islamic 

15 Republic of Iran to acquire military arms if the ban 

16 on arms transfers to or from such government under 

17 United Nations Security Council resolutions are lift18 ed; and 

19 (2) the effect such arms acquisitions may have 

20 on regional security and stability. 

21 (c) CONTENTS.—The report submitted under sub22 section (b) shall include assessments relating to plans of 

23 the Government of the Islamic Republic of Iran to acquire 

24 additional weapons, the intention of other countries to 

25 provide such weapons, and the effect such acquisition and 


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1 provision would have on regional stability, including with 

2 respect to each of the following: 

3 (1) The type and quantity of weapon systems 

4 under consideration for acquisition. 

5 (2) The countries of origin of such systems. 

6 (3) Likely reactions of other countries in the re7 gion to such acquisition, including the potential for 

8 proliferation by other countries in response. 

9 (4) The threat that such acquisition could 

10 present to international commerce and energy sup11 plies in the region, and the potential implications for 

12 the national security of the United States. 

13 (5) The threat that such acquisition could 

14 present to the Armed Forces of the United States, 

15 of countries allied with the United States, and of 

16 countries partnered with the United States stationed 

17 in or deployed in the region. 

18 (6) The potential that such acquisition could be 

19 used to deliver chemical, biological, or nuclear weap20 ons. 

21 (7) The potential for the Government of the Is22 lamic Republic of Iran to proliferate weapons ac23 quired in the absence of an arms embargo to re24 gional groups, including Shi’a militia groups backed 

25 by such government. 


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1 (d) FORM.—The report submitted under subsection 

2 (b) shall be submitted in unclassified form, but may in3 clude a classified annex. 

4 SEC. 512. REPORT ON IRANIAN ACTIVITIES RELATING TO 

5 NUCLEAR NONPROLIFERATION. 

6 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

7 CONGRESS.—In this section, the term ‘‘appropriate com8 mittees of Congress’’ means— 

9 (1) the Select Committee on Intelligence, the 

10 Committee on Armed Services, and the Committee 

11 on Foreign Relations of the Senate; and 

12 (2) the Permanent Select Committee on Intel13 ligence, the Committee on Armed Services, and the 

14 Committee on Foreign Affairs of the House of Rep15 resentatives. 

16 (b) REPORT REQUIRED.—Not later than 90 days 

17 after the date of the enactment of this Act, the Director 

18 of National Intelligence shall submit to the appropriate 

19 committees of Congress a report assessing— 

20 (1) any relevant activities potentially relating to 

21 nuclear weapons research and development by the 

22 Islamic Republic of Iran; and 

23 (2) any relevant efforts to afford or deny inter24 national access in accordance with international non25 proliferation agreements. 


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1 (c) ASSESSMENTS.—The report required by sub2 section (b) shall include assessments, for the period begin3 ning on January 1, 2018, and ending on the date of the 

4 submittal of the report, of the following: 

5 (1) Activities to research, develop, or enrich 

6 uranium or reprocess plutonium with the intent or 

7 capability of creating weapons-grade nuclear mate8 rial. 

9 (2) Research, development, testing, or design 

10 activities that could contribute to or inform con11 struction of a device intended to initiate or capable 

12 of initiating a nuclear explosion. 

13 (3) Efforts to receive, transmit, store, destroy, 

14 relocate, archive, or otherwise preserve research, 

15 processes, products, or enabling materials relevant 

16 or relating to any efforts assessed under paragraph 

17 (1) or (2). 

18 (4) Efforts to afford or deny international ac19 cess, in accordance with international nonprolifera20 tion agreements, to locations, individuals, and mate21 rials relating to activities described in paragraph (1), 

22 (2), or (3). 

23 (d) FORM.—The report required under subsection (b) 

24 shall be submitted in unclassified form, but may include 

25 a classified annex. 


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1 SEC. 513. SENSE OF CONGRESS ON THIRD OPTION FOUNDA2 TION. 

3 It is the sense of the Congress that— 

4 (1) the work of the Third Option Foundation to 

5 heal, help, and honor members of the special oper6 ations community of the Central Intelligence Agency 

7 and their families is invaluable; and 

8 (2) the Director of the Central Intelligence 

9 Agency should work closely with the Third Option 

10 Foundation in implementing section 19A of the Cen11 tral Intelligence Agency Act of 1949 (50 U.S.C. 

12 3519b), as added by section 6412 of the Damon 

13 Paul Nelson and Matthew Young Pollard Intel14 ligence Authorization Act for Fiscal Years 2018, 

15 2019, and 2020 (Public Law 116–92). 


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Calendar No. 477 

116TH CONGRESS 

2D SESSION S. 3905 

A BILL 

To authorize appropriations for fiscal year 2021 for 

ability System, and for other purposes. tral Intelligence Agency Retirement and DisCommunity Management Account, and the Centhe United States Government, the Intelligence intelligence and intelligence-related activities of 

JUNE 8, 2020 

Read twice and placed on the calendar 


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