[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3274 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3274

    To counter foreign disinformation and propaganda, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2016

Mr. Portman (for himself and Mr. Murphy) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
    To counter foreign disinformation and propaganda, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Countering Foreign Propaganda and 
Disinformation Act''.

SEC. 2. CENTER FOR INFORMATION ANALYSIS AND RESPONSE.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the President shall establish a Center for 
Information Analysis and Response (in this section referred to as the 
``Center''). The purposes of the Center are--
            (1) to coordinate the sharing among government agencies of 
        information on foreign government information warfare efforts, 
        including information provided by recipients of information 
        access fund grants awarded using funds made available under 
        subsection (e) and from other sources, subject to the 
        appropriate classification guidelines;
            (2) to establish a process for integrating information on 
        foreign propaganda and disinformation efforts into national 
        strategy; and
            (3) to develop, plan, and synchronize interagency 
        activities to expose and counter foreign information operations 
        directed against United States national security interests and 
        advance narratives that support United States allies and 
        interests.
    (b) Functions.--The Center shall carry out the following functions:
            (1) Integrating interagency efforts to track and evaluate 
        counterfactual narratives abroad that threaten the national 
        security interests of the United States and United States 
        allies, subject to appropriate regulations governing the 
        dissemination of classified information and programs.
            (2) Analyzing relevant information from United States 
        Government agencies, allied nations, think-tanks, academic 
        institutions, civil society groups, and other nongovernmental 
        organizations.
            (3) Developing and disseminating thematic narratives and 
        analysis to counter propaganda and disinformation directed at 
        United States allies and partners in order to safeguard United 
        States allies and interests.
            (4) Identifying current and emerging trends in foreign 
        propaganda and disinformation, including the use of print, 
        broadcast, online and social media, support for third-party 
        outlets such as think tanks, political parties, and 
        nongovernmental organizations, in order to coordinate and shape 
        the development of tactics, techniques, and procedures to 
        expose and refute foreign misinformation and disinformation and 
        proactively promote fact-based narratives and policies to 
        audiences outside the United States.
            (5) Facilitating the use of a wide range of information-
        related technologies and techniques to counter foreign 
        disinformation by sharing expertise among agencies, seeking 
        expertise from external sources, and implementing best 
        practices.
            (6) Identifying gaps in United States capabilities in areas 
        relevant to the Center's mission and recommending necessary 
        enhancements or changes.
            (7) Identifying the countries and populations most 
        susceptible to foreign government propaganda and 
        disinformation.
            (8) Administering and expending funds made available 
        pursuant to subsection (e).
            (9) Coordinating with allied and partner nations, 
        particularly those frequently targeted by foreign 
        disinformation operations, and international organizations and 
        entities such as the NATO Center of Excellence on Strategic 
        Communications, the European Endowment for Democracy, and the 
        European External Action Service Task Force on Strategic 
        Communications, in order to amplify the Center's efforts and 
        avoid duplication.
    (c) Interagency Manager.--
            (1) In general.--The President is authorized to designate 
        an official of the United States Government to lead an 
        interagency team and to manage the Center. The President shall 
        delegate to the manager of the Center responsibility for and 
        presumptive authority to direct and coordinate the activities 
        and operations of all departments, agencies, and elements of 
        the United States Government in so far as their support is 
        required to ensure the successful implementation of a strategy 
        approved by the President for accomplishing the mission. The 
        official so designated shall be serving in a position in the 
        executive branch by appointment, by and with the advice and 
        consent of the Senate.
            (2) Interagency steering committee.--
                    (A) Composition.--The Interagency Manager shall 
                establish a Steering Committee composed of senior 
                representatives of agencies relevant to the Center's 
                mission to provide advice to the Manager on the 
                operations and strategic orientation of the Center and 
                to ensure adequate support for the Center. The Steering 
                Committee shall include one senior representative 
                designated by each of the Secretary of Defense, the 
                Secretary of State, the Chairman of the Joint Chiefs of 
                Staff, the Administrator of the United States Agency 
                for International Development, and the Chairman of the 
                Broadcasting Board of Governors.
                    (B) Meetings.--The Interagency Steering Committee 
                shall meet not less than every 3 months.
                    (C) Participation and independence.--The Chairman 
                of the Broadcasting Board of Governors shall not 
                compromise the journalistic freedom or integrity of 
                relevant media organizations. Other Federal agencies 
                may be invited to participate in the Center and 
                Steering Committee at the discretion of the Interagency 
                Manager.
            (3) Scope of responsibility and authority.--
                    (A) Limitation on scope.--The delegated 
                responsibility and authority provided pursuant to 
                paragraph (1) may not extend beyond the requirements 
                for successful implementation of the mission and 
                strategy described in that paragraph.
                    (B) Appeal of execution of activities.--The head of 
                any department, agency, or other element of the United 
                States Government may appeal to the President a 
                requirement or direction by the official designated 
                pursuant to paragraph (1) for activities otherwise in 
                support of the mission and strategy described in that 
                paragraph if such head determines that there is a 
                compelling case that executing such activities would do 
                undue harm to other missions of national importance to 
                the United States.
            (4) Targeted foreign audiences.--
                    (A) In general.--The activities under this 
                subsection of the Center described in paragraph (1) 
                shall be done only with the intent to influence foreign 
                audiences. No funds for the activities of the team 
                under this section may be used with the intent to 
                influence public opinion in the United States.
                    (B) Rule of construction.--Nothing in this 
                subsection may be construed to prohibit the team 
                described in paragraph (1) from engaging in any form of 
                communication or medium, either directly or indirectly, 
                or coordinating with any other department or agency of 
                the United States Government, a State government, or 
                any other public or private organization or institution 
                because a United States domestic audience is or may be 
                thereby exposed to activities or communications of the 
                team under this subsection, or based on a presumption 
                of such exposure.
    (d) Staff.--
            (1) Compensation.--The President may fix the compensation 
        of the manager of the Center and other personnel without regard 
        to chapter 51 and subchapter III of chapter 53 of title 5, 
        United States Code, relating to classification of positions and 
        General Schedule pay rates, except that the rate of pay for the 
        executive director and other personnel may not exceed the rate 
        payable for level V of the Executive Schedule under section 
        5316 of that title.
            (2) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Center without reimbursement, 
        and such detail shall be without interruption or loss of civil 
        service status or privilege.
            (3) Procurement of temporary and intermittent services.--
        The President may procure temporary and intermittent services 
        under section 3109(b) of title 5, United States Code, at rates 
        for individuals which do not exceed the daily equivalent of the 
        annual rate of basic pay prescribed for level V of the 
        Executive Schedule under section 5316 of that title.
    (e) Funds.--Of amounts authorized to be appropriated for fiscal 
year 2017 for the Department of Defense and identified as undistributed 
fuel cost savings, up to $250,000,000 may be available for purposes of 
carrying out this section and the grant program established under 
section 3. Once obligated, such funds shall remain available for such 
purposes until expended.

SEC. 3. INFORMATION ACCESS FUNDS.

    (a) Grants and Contracts of Financial Support.--The Center may 
provide grants or contracts of financial support to civil society 
groups, journalists, nongovernmental organizations, federally funded 
research and development centers, private companies, or academic 
institutions for the following purposes:
            (1) To support local independent media who are best placed 
        to refute foreign disinformation and manipulation in their own 
        communities.
            (2) To collect and store examples in print, online, and 
        social media of disinformation, misinformation, and propaganda 
        directed at the United States and its allies and partners.
            (3) To analyze tactics, techniques, and procedures of 
        foreign government information warfare with respect to 
        disinformation, misinformation, and propaganda.
            (4) To support efforts by the Center to counter efforts by 
        foreign governments to use disinformation, misinformation, and 
        propaganda to influence the policies and social and political 
        stability of the United States and United States allies and 
        partners.
    (b) Funding Availability and Limitations.--All organizations that 
apply to receive funds under this section must undergo a vetting 
process in accordance with the relevant existing regulations to ensure 
their bona fides, capability, and experience, and their compatibility 
with United States interests and objectives.

SEC. 4. INCLUSION IN DEPARTMENT OF STATE EDUCATION AND CULTURAL 
              EXCHANGE PROGRAMS OF FOREIGN STUDENTS AND COMMUNITY 
              LEADERS FROM COUNTRIES AND POPULATIONS SUSCEPTIBLE TO 
              FOREIGN MANIPULATION.

    The President shall ensure that when the Secretary of State is 
selecting participants for United States educational and cultural 
exchange programs, the Secretary of State gives special consideration 
to students and community leaders from populations and countries the 
Secretary deems vulnerable to foreign propaganda and disinformation 
campaigns.

SEC. 5. REPORTS.

    (a) In General.--Not later than one year after the establishment of 
the Center, the President shall submit to the appropriate congressional 
committees a report evaluating the success of the Center in fulfilling 
the purposes for which it was authorized and outlining steps to improve 
any areas of deficiency.
    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, the Committee on Homeland Security and 
        Governmental Affairs, the Select Committee on Intelligence, and 
        the Committee on Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Armed Services, the Committee on Homeland Security, the 
        Permanent Select Committee on Intelligence, and the Committee 
        on Appropriations of the House of Representatives.

SEC. 6. TERMINATION OF CENTER AND STEERING COMMITTEE.

    The Center for Information Analysis and Response and the 
interagency team established under section 2(c) shall terminate 15 
years after the date of the enactment of this Act.

SEC. 7. RULE OF CONSTRUCTION REGARDING RELATIONSHIP TO INTELLIGENCE 
              AUTHORITIES AND ACTIVITIES.

    Nothing in this Act shall be construed as superseding or modifying 
any existing authorities governing the collection, sharing, and 
implementation of intelligence programs and activities or existing 
regulations governing the sharing of classified information and 
programs.
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