[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2493 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2493

To establish the Malign Foreign Influence Response Center in the Office 
   of the Director of National Intelligence, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2019

Ms. Klobuchar (for herself and Mr. Reed) introduced the following bill; 
     which was read twice and referred to the Select Committee on 
                              Intelligence

_______________________________________________________________________

                                 A BILL


 
To establish the Malign Foreign Influence Response Center in the Office 
   of the Director of National Intelligence, 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 ``Combatting Foreign Influence Act of 
2019''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) Foreign powers and agents are increasingly targeting 
        the United States with malign foreign influence operations and 
        campaigns.
            (2) In 2016, Kremlin and Kremlin-linked actors interfered 
        in the presidential election and in response the intelligence 
        community, including the Director of National Intelligence in 
        the 2019 World Wide Threat Assessment, has repeatedly warned 
        that such malign foreign influence operations and campaigns 
        pose a growing threat to the national security of the United 
        States.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the operations of the Malign Foreign Influence Response 
        Center should be integrated with existing task forces at 
        individual agencies that have mandates and resources which are 
        limited by their particular mission and budget in order to have 
        an effective whole of government approach to countering malign 
        foreign influence operations and campaigns;
            (2) the intelligence community and Congress should work 
        together to resolve existing legal limitations on elements of 
        the intelligence community to monitor malign foreign influence 
        operations and campaigns;
            (3) the intelligence community and Congress should ensure 
        that appropriate legal authorities are in place to protect the 
        privacy and civil liberties of citizens of the United States; 
        and
            (4) lessons learned from post-9/11 counterterrorism 
        experiences should be applied to countering threats from malign 
        foreign influence operations and campaigns.

SEC. 3. MALIGN FOREIGN INFLUENCE RESPONSE CENTER.

    (a) Establishment.--The National Security Act of 1947 (50 U.S.C. 
3001 et seq.) is amended by inserting after section 119B the following 
new section:

``SEC. 119C. MALIGN FOREIGN INFLUENCE RESPONSE CENTER.

    ``(a) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the congressional intelligence committees;
                    ``(B) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Committee on Rules 
                and Administration of the Senate; and
                    ``(C) the Committee on Foreign Affairs, the 
                Committee on Armed Services, and the Committee on House 
                Administration of the House of Representatives.
            ``(2) Malign foreign influence operations and campaigns.--
        The term `malign foreign influence operations and campaigns' 
        means the coordinated direct or indirect application of 
        national diplomatic, informational, military, economic, 
        business, corruption, educational, and other capability by 
        hostile foreign powers to affect attitudes, behaviors, 
        decisions, or outcomes within the United States.
    ``(b) Establishment.--There is within the Office of the Director of 
National Intelligence a Malign Foreign Influence Response Center (in 
this section referred to as the `Center').
    ``(c) Missions.--
            ``(1) In general.--The primary missions of the Center shall 
        be as follows:
                    ``(A) To serve as the primary organization in the 
                United States Government for analyzing and integrating 
                all intelligence possessed or acquired by the United 
                States Government pertaining to malign foreign 
                influence operations and campaigns.
                    ``(B) To synchronize the efforts of the 
                intelligence community with respect to countering 
                malign foreign influence operations and campaigns to 
                undermine the national security, political sovereignty, 
                and economies of the United States and the allies of 
                the United States, including by--
                            ``(i) ensuring that each such element is 
                        aware of and coordinating on such efforts; and
                            ``(ii) overseeing the development and 
                        implementation of comprehensive and integrated 
                        policy responses to such efforts.
                    ``(C) In coordination with the relevant elements of 
                the Department of State, the Department of Defense, the 
                Federal Bureau of Investigation, the intelligence 
                community, and other departments and agencies of the 
                United States--
                            ``(i) to develop, in consultation with the 
                        employee of the National Security Council 
                        designated under section 101(g)(1), policy 
                        recommendations for the President to detect, 
                        deter, and respond to malign foreign influence 
                        operations and campaigns including with respect 
                        to covert activities pursuant to section 503; 
                        and
                            ``(ii) to monitor and assess foreign 
                        efforts to carry out such operations and 
                        campaigns.
                    ``(D) In coordination with the head of the Global 
                Engagement Center established by section 1287 of the 
                National Defense Authorization Act for Fiscal Year 2017 
                (Public Law 114-328; 22 U.S.C. 2656 note), to examine 
                current and emerging foreign efforts to use 
                disinformation and information operations relating to 
                the threats described in paragraph (1).
                    ``(E) To identify and close gaps across the 
                departments and agencies of the Federal Government with 
                respect to expertise, readiness, and planning to 
                address malign foreign influence operations and 
                campaigns.
                    ``(F) To make information available to the public, 
                as the Director of National Intelligence considers 
                appropriate, regarding trends, threats, and tactics 
                deployed by malign foreign influence operations and 
                campaigns.
                    ``(G) To share information, as the Director of 
                National Intelligence considers appropriate, with 
                allied intelligence partners on malign foreign 
                influence operations and campaigns and in so doing 
                establish a two-way exchange of information about 
                malign foreign influence operations and campaigns.
            ``(2) Scope.--The primary missions of the Center shall 
        apply to malign foreign influence operations and campaigns 
        conducted by, at the direction of, on behalf of, conspiring 
        with, aiding or abetting the efforts, or acting with 
        substantial support of the following countries:
                    ``(A) Russia.
                    ``(B) Iran.
                    ``(C) North Korea.
                    ``(D) China.
                    ``(E) Such other countries as the Director of 
                National Intelligence determines appropriate for 
                purposes of this section.
            ``(3) Limitations and requirements.--
                    ``(A) Other provisions of law.--The Center shall 
                ensure that any actions taken pursuant to this 
                subsection are consistent with other applicable 
                limitations, including applicable limitations on the 
                collection, retention, dissemination, and processing of 
                intelligence, under Federal law, including court orders 
                and Executive orders, and any relevant agency 
                guidelines or procedures.
                    ``(B) Constitution.--
                            ``(i) Consistency.--The Center shall ensure 
                        that activities undertaken pursuant to this 
                        section are conducted consistent with 
                        protections under the Constitution.
                            ``(ii) Collection and maintenance.--The 
                        Center may not directly collect information or 
                        maintain information about a United States 
                        person solely for the purpose of monitoring 
                        activities protected by the First Amendment of 
                        the Constitution or the lawful exercise of 
                        other rights secured by the Constitution or 
                        laws of the United States.
                    ``(C) Articulation of foreign connections and 
                threats.--In receiving information arising out of an 
                information collection effort in which the collection 
                target is a United States person and such information 
                is received from a relevant department or agency of the 
                Federal Government participating in the mission of the 
                Center, the Center shall take such steps as may be 
                necessary to ensure that such department or agency 
                articulates a reasonable belief that the person is 
                connected to a foreign power and such person and 
                connection pose a threat to the United States.
    ``(d) Director.--
            ``(1) Appointment.--There is a Director, who shall be the 
        head of the Center, and who shall be appointed by the Director 
        of National Intelligence, with the concurrence of the Secretary 
        of State. The Director of the Center may not simultaneously 
        serve in any other capacity in the executive branch.
            ``(2) Reporting.--The Director of the Center shall directly 
        report to the Director of National Intelligence.
            ``(3) Responsibilities.--The Director of the Center shall--
                    ``(A) ensure that the relevant departments and 
                agencies of the Federal Government participate in the 
                mission of the Center, including by recruiting 
                detailees from such departments and agencies in 
                accordance with subsection (g)(1); and
                    ``(B) have primary responsibility within the United 
                States Government, in coordination with the Director of 
                National Intelligence, for establishing requirements 
                for the collection of intelligence related to, or 
                regarding, malign foreign influence operations and 
                campaigns, in accordance with applicable provisions of 
                law and Executive orders.
    ``(e) Annual Reports.--
            ``(1) In general.--At the direction of the Director of 
        National Intelligence, but not less than once each year, the 
        Director of the Center shall submit to the appropriate 
        congressional committees a report on malign foreign influence 
        operations and campaigns.
            ``(2) Matters included.--Each report under paragraph (1) 
        shall include, with respect to the period covered by the 
        report, a discussion of the following:
                    ``(A) The nature of the malign foreign influence 
                operations and campaigns.
                    ``(B) The ability of the United States Government 
                to counter and deter such operations and campaigns.
                    ``(C) The progress of the Center in achieving the 
                missions of the Center.
                    ``(D) Such recommendations as the Director may 
                determine necessary for legislative action to improve 
                the ability of the Center to achieve the missions of 
                the Center.
                    ``(E) Any implications of the activities of the 
                Center as may regard the privacy and civil liberties of 
                the people of the United States.
                    ``(F) Recommendations--
                            ``(i) to improve on the activities of the 
                        Center with respect to privacy and civil 
                        liberties; and
                            ``(ii) to improve privacy and civil 
                        liberties safeguards of the intelligence 
                        community for the people of the United States.
            ``(3) Form.--Each report under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    ``(f) Annual Independent Review.--
            ``(1) In general.--Not less frequently than once each year, 
        the Inspector General of the Intelligence Community shall 
        conduct an independent review of the programs and activities of 
        the Center and submit to Congress a report on the findings of 
        the Inspector General with respect to the review.
            ``(2) Matters included.--Each report submitted under 
        paragraph (1) shall include, with respect to the period covered 
        by the report, the following:
                    ``(A) Discussion of the progress of the Center in 
                achieving the missions of the Center.
                    ``(B) The effectiveness of integrating activities 
                from agencies across the Federal Government into the 
                operations of the Center.
                    ``(C) Such recommendations for legislative action 
                as the Inspector General may have to improve the 
                ability of the Center to achieve the missions of the 
                Center.
                    ``(D) Such recommendations as the Inspector General 
                may have for improving intelligence gathering and 
                sharing practices across the intelligence community 
                relating to the mission and activities of the Center.
                    ``(E) An assessment of the effect of the activities 
                of the Center on the privacy and civil liberties of the 
                people of the United States and such recommendations as 
                the Inspector General may have to improve safeguards to 
                privacy and civil liberties of the people of the United 
                States.
            ``(3) Form.--Each report under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    ``(g) Employees.--
            ``(1) Detailees.--Any Federal Government employee may be 
        detailed to the Center on a reimbursable or nonreimbursable 
        basis, and such detail shall be without interruption or loss of 
        civil service status or privilege for a period of not more than 
        8 years.
            ``(2) Personal service contractors.--The Director of 
        National Intelligence, in consultation with the Secretary of 
        State, may hire United States citizens or aliens as personal 
        services contractors for purposes of personnel resources of the 
        Center, if--
                    ``(A) the Director of National Intelligence 
                determines that existing personnel resources are 
                insufficient;
                    ``(B) the period in which services are provided by 
                a personal services contractor, including options, does 
                not exceed 3 years, unless the Director of National 
                Intelligence determines that exceptional circumstances 
                justify an extension of up to 1 additional year;
                    ``(C) not more than 10 United States citizens or 
                aliens are employed as personal services contractors 
                under the authority of this paragraph at any time; and
                    ``(D) the authority of this paragraph is only used 
                to obtain specialized skills or experience or to 
                respond to urgent needs.
            ``(3) Security clearances.--Each employee detailed to the 
        Center and contractor of the Center shall have the security 
        clearance appropriate for the assigned duties of the employee 
        or contractor.
    ``(h) Board.--
            ``(1) Establishment.--There is established a Board of the 
        Malign Foreign Influence Response Center (in this section 
        referred to as the `Board').
            ``(2) Functions.--The Board shall conduct oversight to 
        ensure the Center is achieving the missions of the Center.
            ``(3) Membership.--
                    ``(A) Appointment.--The Board shall consist of 8 
                members as follows:
                            ``(i) One senior official of the Department 
                        of State appointed by the Secretary of State.
                            ``(ii) One senior official of the 
                        Department of Defense appointed by the 
                        Secretary of Defense.
                            ``(iii) One senior official of the 
                        Department of Justice appointed by the Attorney 
                        General.
                            ``(iv) One senior official of the 
                        Department of the Treasury appointed by the 
                        Secretary of the Treasury.
                            ``(v) One senior official of the Department 
                        of Homeland Security appointed by the Secretary 
                        of Homeland Security.
                            ``(vi) One senior official of the Central 
                        Intelligence Agency appointed by the Director 
                        of the Central Intelligence Agency.
                            ``(vii) One senior official of the Federal 
                        Bureau of Investigation appointed by the 
                        Director of the Federal Bureau of 
                        Investigation.
                            ``(viii) The Chief of the Office of Civil 
                        Liberties, Privacy and Transparency of the 
                        Office of the Director of National 
                        Intelligence, who shall serve as a member of 
                        the Board without delegation to any other 
                        person.
                    ``(B) Requirement.--Each person appointed under 
                clauses (i) through (vii) of subparagraph (A) shall be 
                appointed from among members of the Senior Executive 
                Service.
            ``(4) Meetings.--The Board shall meet not less than 
        semiannually and shall be convened by the member appointed by 
        the Secretary of State.
            ``(5) Outside experts.--The board may confer with 
        appropriate outside experts with regard to improving the 
        ability of the Center to safeguard the privacy and civil 
        liberties of the people of the United States.
    ``(i) International Engagement.--The Director of the Center may 
convene semiannual conferences to coordinate international efforts to 
counter and deter malign foreign influence operations and campaigns.
    ``(j) Rule of Construction.--Nothing in this section shall be 
construed to authorize any activity, including the collection, 
retention, or dissemination of intelligence information, that was not 
already delegated to the Director of National Intelligence before the 
date of the enactment of the Combatting Foreign Influence Act of 2019.
    ``(k) Termination.--The Center shall terminate on the date that is 
8 years after the date of the enactment of the Combatting Foreign 
Influence Act of 2019.''.
    (b) Clerical Amendment.--The table of contents at the beginning of 
such Act is amended by inserting after the item relating to section 
119B the following new item:

``Sec. 119C. Malign Foreign Influence Response Center.''.
    (c) Conforming Amendment.--Section 507(a) of such Act (50 U.S.C. 
3106) is amended by adding at the end the following new paragraph:
            ``(6) An annual report submitted under section 
        119C(e)(1).''.
                                 <all>