[Congressional Record Volume 166, Number 218 (Monday, December 21, 2020)]
[Senate]
[Pages S7932-S7934]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      JOINT EXPLANATORY STATEMENT

  Mr. RUBIO. Mr. President, this explanation reflects the status of 
negotiations and disposition of issues reached between the Senate 
Select Committee on Intelligence and the House Permanent Select 
Committee on Intelligence for the Intelligence Authorization Act for 
Fiscal Year 2021.
  The explanation shall have the same effect with respect to the 
implementation of this act as if it were a joint explanatory statement 
of a conference committee.
  I ask unanimous consent that the joint explanatory statement for the 
Intelligence Authorization Act for Fiscal Year 2021 be printed into the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

          Intelligence Authorization Act for Fiscal Year 2021

       The following is the explanation of the Intelligence 
     Authorization Act for Fiscal Year 2021 (hereinafter, ``the 
     Act'').
       This explanation reflects the result of negotiations and 
     disposition of issues reached between the Senate Select 
     Committee on Intelligence (SSCI) and the House Permanent 
     Select Committee on Intelligence (HPSCI) and the 
     (hereinafter, ``the Agreement''). The explanation shall have 
     the same effect with respect to the implementation of the Act 
     as if it were a joint explanatory statement of a conference 
     committee. The term ``Committees'' refers to both SSCI and 
     HPSCI.
       The explanation comprises three parts: an overview of the 
     application of the annex to accompany this statement; 
     unclassified congressional direction; and a section-by-
     section analysis of the legislative text.


              PART I: APPLICATION OF THE CLASSIFIED ANNEX

       The classified nature of U.S. intelligence activities 
     prevents the SSCI and HPSCI (collectively, the 
     ``congressional intelligence committees'') from publicly 
     disclosing many details concerning the conclusions and 
     recommendations of the Agreement. Therefore, a classified 
     Schedule of Authorizations and a classified annex have been 
     prepared to describe in detail the scope and intent of the 
     congressional intelligence committees' actions. The Agreement 
     authorizes the Intelligence Community (IC) to obligate and 
     expend funds not altered or modified by the classified 
     Schedule of Authorizations as requested in the President's 
     budget, subject to modification under applicable 
     reprogramming procedures.
       The classified annex is the result of negotiations between 
     the congressional intelligence committees. They reconcile the 
     differences between the congressional intelligence 
     committees' respective versions of the bill for the National 
     Intelligence Program (NIP) for Fiscal Year 2021. The 
     Agreement also makes recommendations for the Military 
     Intelligence Program (MIP) and the Information Systems 
     Security Program (ISSP), consistent with the National Defense 
     Authorization Act for Fiscal Year 2021, and provides certain 
     direction for these two programs. The Agreement applies to IC 
     activities for Fiscal Year 2021.
       The classified Schedule of Authorizations is incorporated 
     into the bill pursuant to Section 102. It has the status of 
     law. The classified annex supplements and adds detail to 
     clarify the authorization levels found in the bill and the 
     classified Schedule of Authorizations. The congressional 
     intelligence committees view direction and recommendations, 
     whether contained in this explanation or in the classified 
     annex, as requiring compliance by the Executive Branch.


          PART II: SELECT UNCLASSIFIED CONGRESSIONAL DIRECTION

       This Joint Explanatory Statement incorporates by reference, 
     and the Executive Branch shall comply with, all direction 
     contained in the Senate Select Committee on Intelligence 
     Report to accompany the Intelligence Authorization Act for 
     Fiscal Year 2021 (S. Rept. 116-233) and in the House 
     Permanent Select Committee on Intelligence Report to 
     accompany the Intelligence Authorization Act for Fiscal Year 
     2021 (H. Rept. 116-565).


 PART III: SECTION-BY-SECTION ANALYSIS AND EXPLANATION OF LEGISLATIVE 
                                  TEXT

                    TITLE I--INTELLIGENCE ACTIVITIES

     Section 101. Authorization of appropriations
       Section 101 lists the United States Government departments, 
     agencies, and other elements for which the Act authorizes 
     appropriations for intelligence and intelligence-related 
     activities for Fiscal Year 2021.
     Section 102. Classified Schedule of Authorizations
       Section 102 provides that the details of the amounts 
     authorized to be appropriated for intelligence and 
     intelligence-related activities for Fiscal Year 2021 are 
     contained in the classified Schedule of Authorizations and 
     that the classified Schedule of Authorizations shall be made 
     available to the Committees on Appropriations of the Senate 
     and House of Representatives and to the President.
     Section 103. Intelligence Community Management Account
       Section 103 authorizes appropriations for the Intelligence 
     Community Management Account (ICMA) of the ODNI for Fiscal 
     Year 2021.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     Section 201. Authorization of appropriations
       Section 201 authorizes appropriations for the CIA 
     Retirement and Disability Fund for Fiscal Year 2021.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

     Section 301. Restriction on conduct of intelligence 
         activities
        Section 301 provides that the authorization of 
     appropriations by the Act shall not be deemed to constitute 
     authority for the conduct of any intelligence activity that 
     is not otherwise authorized by the Constitution or laws of 
     the United States.
     Section 302. Increase in employee compensation and benefits 
         authorized by law
       Section 302 provides that funds authorized to be 
     appropriated by the Act for salary, pay, retirement, and 
     other benefits for federal employees may be increased by such 
     additional or supplemental amounts as may be necessary for 
     increases in compensation or benefits authorized by law.
     Section 303. Continuity of operations plans for certain 
         elements of the intelligence community in the case of a 
         national emergency
       Section 303 requires the Directors of the Office of the 
     Director of National Intelligence (ODNI), Central 
     Intelligence Agency (CIA), National Reconnaissance Office 
     (NRO), Defense Intelligence Agency (DIA), National Security 
     Agency (NSA), and National Geospatial-Intelligence Agency 
     (NGA) to establish continuity of operations plans for use in 
     the case of certain national emergencies as defined in 
     statute, and share those with the congressional intelligence 
     committees within 7 days of a national emergency being 
     declared. Furthermore, Section 303 requires these agencies to 
     provide the committees with any updates to those plans as the 
     conditions of the national emergency require.
     Section 304. Application of Executive Schedule level III to 
         position of Director of National Reconnaissance Office
       Section 304 provides that the Director of the NRO shall be 
     designated as Level III on the Executive Schedule, the 
     equivalent of an Under Secretary. The Committee further 
     clarifies that this provision shall apply to a successor 
     civilian occupying the position of Director of the NRO.
     Section 305. National Intelligence University
       Section 305 provides the National Intelligence University 
     (NIU) with degree-granting authority and requires reporting 
     on personnel and compensation. Section 305 also sustains an 
     independent, external board of visitors to provide oversight 
     of the NIU.
     Section 306. Data collection on attrition in intelligence 
         community
       Section 306 requires the DNI to set standards and issue an 
     annual report on the reasons why different categories of IC 
     employees separate from service or applicants to IC positions 
     withdraw from the hiring process after they have been issued 
     a conditional offer of employment. Data on workforce 
     attrition should include demographics, specialties, and 
     length of service. Such reasons may include an alternative 
     job opportunity, a loss of interest in joining the IC, or the 
     length of time to complete the clearance process.
     Section 307. Limitation on delegation of responsibility for 
         program management of information-sharing environment
       Section 307 stipulates that the President must delegate 
     responsibilities under Section 1016(b) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 to an official 
     other than the DNI.
     Section 308. Requirement to buy certain satellite component 
         from American sources
       Section 308 prohibits an element of the IC to award a 
     contract for a national security

[[Page S7933]]

     satellite if the satellite uses a star tracker that is not 
     produced in the United States, with certain limited 
     exceptions.
     Section 309. Limitation on construction of facilities to be 
         used primarily by intelligence community
       Section 309 amends the Intelligence Authorization Act for 
     Fiscal Year 1995 regarding funding and authorities for 
     facility construction.
     Section 310. Intelligence community student loan repayment 
         programs
       Section 310 requires the DNI to establish minimum student 
     loan repayment standards for IC employees.

  Subtitle B--Reports and Assessments Pertaining to the Intelligence 
                               Community

     Section 321. Assessment by the Comptroller General of the 
         United States on efforts of the Intelligence Community 
         and the Department of Defense to identify and mitigate 
         risks posed to the intelligence community and the 
         Department by the use of direct-to-consumer genetic 
         testing by the Government of the People's Republic of 
         China
       Section 321 directs the Comptroller General to assess 
     efforts in the IC and Department of Defense (DoD) to identify 
     and mitigate the risks posed to the IC and DoD by direct-to-
     consumer genetic testing by the Government of the People's 
     Republic of China. Section 321 further requires the report to 
     include key national security risks and vulnerabilities, an 
     assessment of the IC's and DoD's identification and 
     mitigation of such risks and vulnerabilities, 
     and recommendations for the IC and DoD to improve 
     identification and mitigation of such risks and 
     vulnerabilities.
     Section 322. Report on use by intelligence community of 
         hiring flexibilities and expedited human resources 
         practices to assure quality and diversity in the 
         workforce of the intelligence community.
       Section 322 requires the DNI to submit a report describing 
     how IC elements are exercising hiring flexibilities and 
     expedited human resources practices afforded under 5 U.S.C. 
     3326 and related regulations, including the identification of 
     any obstacles encountered by the IC in exercising such 
     authorities.
     Section 323. Report on signals intelligence priorities and 
         requirements.
       Section 323 requires the DNI to submit a report detailing 
     signals intelligence priorities and requirements subject to 
     Presidential Policy Directive-28 that stipulates ``why, 
     whether, when, and how the United States conducts signals 
     intelligence activities.'' This report shall be submitted in 
     unclassified form, but may include a classified annex.
     Section 324. Assessment of demand for student loan repayment 
         program benefit.
       Section 324 requires the head of each IC element to 
     calculate the number of personnel who qualify for a student 
     loan repayment program benefit, and compare it to the number 
     of personnel who apply for such a benefit. The information 
     provided will include recommendations for how to optimize 
     participation and enhance the effectiveness of the benefit as 
     a retention tool, to identify any shortfall in funds or 
     authorities needed to provide such benefit, and to include 
     such materials with the budget request for Fiscal Year 2022.
     Section 325. Assessment of intelligence community demand for 
         child care.
       Section 325 requires the DNI in coordination with the heads 
     of other IC elements to provide a report that includes: a 
     calculation of the total annual demand for child care by 
     employees at NSA, NGA, DIA, NRO, CIA, and ODNI; an 
     identification of any shortfalls between demand and the child 
     care support by these IC elements; an assessment of options 
     for addressing any such shortfall; an identification of the 
     advantages, disadvantages, security requirements, and costs 
     associated with each option; a plan to meet, within five 
     years after the date of the report, the demand for childcare, 
     and an assessment of specific considerations that impact the 
     alternatives available to these IC elements.
     Section 326. Open source intelligence strategies and plans 
         for the intelligence community
       Section 326 requires the DNI in coordination with the heads 
     of each IC element, to conduct a survey of the open source 
     intelligence requirements, goals, investments, and 
     capabilities for each element of the IC and to evaluate the 
     usability of the Open Source Enterprise (OSE). Based on such 
     findings, it further mandates the DNI shall develop, in 
     coordination with the heads of each IC element, a strategy 
     for open source intelligence collection, analysis, and 
     production across the IC; create a plan for improving 
     usability of the OSE; and conduct a risk and benefit analysis 
     of creating an independent open source center.
       Using the findings above, Section 326 further requires the 
     DNI to develop a plan for a centralized data repository of 
     open source intelligence. Finally, it mandates the DNI 
     develop a cost-sharing model that leverages the open source 
     intelligence investments of each IC element for the 
     beneficial use of the entire IC. It also requires the heads 
     of ODNI, CIA, DIA, NGA, and NSA to jointly brief the 
     congressional intelligence committees on the progress 
     developing the aforementioned plans.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

     Section 401. Establishment of Office of the Ombudsman for 
         Analytic Objectivity
       Section 401 establishes in the CIA an Office of the 
     Ombudsman for Analytic Objectivity to implement required 
     procedures and conduct required activities.
     Section 402. Expansion of personnel management authority to 
         attract experts in science and engineering
       Section 402 facilitates NGA's recruitment of experts in 
     science or engineering for research and development projects.
     Section 403. Senior Chief Petty Officer Shannon Kent Award 
         for distinguished female personnel of the National 
         Security Agency
       Section 403 requires the Director of the NSA to establish 
     an honorary award for the recognition of female personnel of 
     the NSA for distinguished career contributions in support of 
     the mission of the NSA.
     Section 404. Department of Homeland Security intelligence and 
         cybersecurity diversity fellowship program
       Section 404 requires the Secretary of DHS to carry out an 
     intelligence and cybersecurity diversity fellowship program 
     that provides paid internships, tuition assistance, and 
     potential employment opportunities.
     Section 405. Climate Security Advisory Council
       Section 405 requires the DNI, in coordination with the 
     appropriate heads of other IC elements, to conduct a study on 
     the effectiveness of the Climate Security Advisory Council as 
     a potential model for future advisory councils.

           TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES

     Section 501. Requirements and authorities for Director of 
         Central Intelligence Agency to improve education in 
         science, technology, engineering, arts, and mathematics
       Section 501 ensures that the Director of the CIA has the 
     legal authorities required to improve the skills in science, 
     technology, engineering, arts, and mathematics (known as 
     STEAM) necessary to meet long-term national security needs.
     Section 502. Seedling investment in next-generation 
         microelectronics in support of artificial intelligence
       Section 502 requires the DNI, acting through the Director 
     of the Intelligence Advanced Research Projects Activity, to 
     award contracts or grants, or enter into other transactions, 
     to encourage microelectronics research.

                  TITLE VI--REPORTS AND OTHER MATTERS

     Section 601. Report on attempts by foreign adversaries to 
         build telecommunications and cybersecurity equipment and 
         services for, or to provide such equipment and services 
         to, certain allies of the United States
       Section 601 requires the CIA, NSA, and DIA to submit to the 
     congressional intelligence and armed services committees a 
     joint report that describes the United States intelligence 
     sharing and military posture in Five Eyes countries that 
     currently have or intend to use adversary telecommunications 
     or cybersecurity equipment, especially as provided by China 
     or Russia, with a description of potential vulnerabilities of 
     that information and assessment of mitigation options.
     Section 602. Report on threats posed by use by foreign 
         governments and entities of commercially available cyber 
         intrusion and surveillance technology
       Section 602 requires the DNI to submit a report on the 
     threats posed by foreign governments and foreign entities 
     using and appropriating commercially available cyber 
     intrusion and other surveillance technology.
     Section 603. Reports on recommendations of the Cyberspace 
         Solarium Commission
       Section 603 requires the ODNI, Department of Homeland 
     Security (acting through the Under Secretary of Homeland 
     Security for Intelligence and Analysis), Department of Energy 
     (acting through the Director of Intelligence and 
     Counterintelligence of the Department of Energy), Department 
     of Commerce, and DoD to report to Congress their assessment 
     of the recommendations submitted by the Cyberspace Solarium 
     Commission pursuant to Section 1652(j) of the John S. McCain 
     National Defense Authorization Act (NDAA) for Fiscal Year 
     2019, and to describe actions that each agency expects to 
     take to implement these recommendations
     Section 604. Assessment of critical technology trends 
         relating to artificial intelligence, microchips, and 
         semiconductors and related supply chains
       Section 604 requires the DNI to complete an assessment of 
     export controls related to artificial intelligence (AI), 
     microchips, advanced manufacturing equipment, and other AI-
     enabled technologies, including the identification of 
     opportunities for further cooperation with international 
     partners.
     Section 605. Combating Chinese influence operations in the 
         United States and strengthening civil liberties 
         protections
       Section 605 provides additional requirements to annual 
     reports in 50 U.S.C. 3237(B) on Influence Operations and 
     Campaigns in the United States by the Chinese Communist Party 
     (CCP) by mandating an identification

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     of influence operations by the CCP against the science and 
     technology sector in the United States. Section 605 also 
     requires the FBI to create a plan, in consultation with 
     stakeholders outside the Intelligence Community to increase 
     public awareness of influence activities by the CCP. Finally, 
     section 605 requires the FBI, in consultation with the 
     Assistant Attorney General for the Civil Rights and the Chief 
     Privacy and Civil Liberties Officer of the Department of 
     Justice, to develop recommendations to strengthen 
     relationships with communities targeted by the CCP and to 
     build trust with such communities through local and regional 
     grassroots outreach.
     Section 606. Annual report on corrupt activities of senior 
         officials of the Chinese Communist Party
       Section 606 requires the CIA, in coordination with the 
     Department of Treasury's Office of Intelligence and Analysis 
     and the FBI, to submit to designated congressional committees 
     annually through 2025 a report that describes and assesses 
     the wealth and corruption of senior officials of the CCP, as 
     well as targeted financial measures, including potential 
     targets for sanctions designation. Section 606 further 
     expresses the Sense of Congress that the United States should 
     undertake every effort and pursue every opportunity to expose 
     the corruption and illicit practices of senior officials of 
     the CCP, including President Xi Jinping.
     Section 607. Report on corrupt activities of Russian and 
         other Eastern European oligarchs
       Section 607 requires the CIA, in coordination with the 
     Department of the Treasury's Office of Intelligence and 
     Analysis and the FBI, to submit to designated congressional 
     committees and the Under Secretary of State for Public 
     Diplomacy, a report that describes the corruption and corrupt 
     or illegal activities among Russian and other Eastern 
     European oligarchs who support the Russian government and 
     Russian President Vladimir Putin, and the impact of those 
     activities on the economy and citizens of Russia. Section 607 
     further requires the CIA, in coordination with the Department 
     of Treasury's Office of Intelligence and Analysis, to 
     describe potential sanctions that could be imposed for such 
     activities.
     Section 608. Report on biosecurity risk and disinformation by 
         the Chinese Communist Party and the Government of the 
         People's Republic of China
       Section 608 requires the DNI to submit to the designated 
     congressional committees a report identifying whether and how 
     CCP officials and the Government of the People's Republic of 
     China may have sought to suppress or exploit for national 
     advantage information regarding the novel coronavirus 
     pandemic, including specific related assessments. Section 608 
     further provides that the report shall be submitted in 
     unclassified form, but may have a classified annex.
     Section 609. Report on effect of lifting of United Nations 
         arms embargo on Islamic Republic of Iran
       Section 609 requires the DIA to submit to designated 
     congressional committees a report on the Government of the 
     Islamic Republic of Iran's plans to acquire military arms if 
     the ban on arms transfers to or from such government under 
     United Nations Security Council resolutions are lifted, as 
     well as the effects such arms acquisitions may have on 
     regional security and stability.
     Section 610. Report on Iranian activities relating to nuclear 
         nonproliferation
       Section 610 directs the DNI to submit a report on any 
     relevant activities relating to nuclear weapons research and 
     development by the Islamic Republic of Iran and any relevant 
     efforts to afford or deny international access to related 
     facilities in accordance with international non-proliferation 
     agreements.
     Section 611. Annual reports on security services of the 
         People's Republic of China in the Hong Kong Special 
         Administrative Region
       Section 611 requires the DNI to submit a report on the 
     presence and activities of Chinese security services 
     operating within the Hong Kong Special Administrative Region.
     Section 612. Research partnership on activities of People's 
         Republic of China
       Section 612 requires the Director of the NGA to seek to 
     enter into a partnership with an academic or non-profit 
     research institution to carry out joint unclassified 
     geospatial intelligence analyses of the activities of the 
     People's Republic of China that pose national security risks 
     to the United States, and to make publicly available 
     unclassified products relating to such analyses.
     Section 613. Report on the pharmaceutical and personal 
         protective equipment regulatory practices of the People's 
         Republic of China
       Section 613 requires the DNI to submit a report on the 
     pharmaceutical and personal protective equipment regulatory 
     practices of the People's Republic of China.
     Section 614. National Intelligence Estimate on situation in 
         Afghanistan
       Section 614 requires the DNI, acting through the National 
     Intelligence Council, to produce a National Intelligence 
     Estimate on the situation in Afghanistan.
     Section 615. Assessment regarding tensions between Armenia 
         and Azerbaijan
       Section 615 requires the DNI to submit an assessment 
     regarding tensions between the governments of Armenia and 
     Azerbaijan.
     Section 616. Sense of Congress on Third Option Foundation
        Section 616 expresses the sense of Congress that the Third 
     Option Foundation's work on behalf of the CIA's special 
     operations community and their families is invaluable, such 
     that the Director of the CIA should work with the Foundation 
     to implement section 6412 of the Damon Paul Nelson and 
     Matthew Young Pollard Intelligence Authorization Act for 
     Fiscal Years 2018, 2019, and 2020, which provided special 
     rules for certain monthly workers' compensation payments and 
     other payments to CIA personnel.
     Section 617. Annual reports on worldwide threats
       Section 617 requires the DNI, in coordination with IC 
     element heads, to submit an annual report with an IC 
     assessment of worldwide threats to United States national 
     security. Section 617 further requires the DNI, together with 
     IC element heads determined appropriate by the congressional 
     intelligence and defense committees in consultation with the 
     DNI, to testify at an open hearing before such committees 
     upon request. It is the intent of the Committees that a 
     request by one of the congressional intelligence or defense 
     committees, or a number of them, shall trigger the obligation 
     of IC element heads to testify at an open hearing before a 
     requesting committee, as specified under Section 617.
     Section 618. Annual report on Climate Security Advisory 
         Council
       Section 618 requires the chair of the Climate Security 
     Advisory Council to submit an annual report regarding the 
     Council's prior year activities.
     Section 619. Improvements to funding for National Security 
         Education program
       Section 619 authorizes funds for national security-related 
     scholarship, fellowship, and grant programs.
     Section 620. Report on best practices to protect privacy, 
         civil liberties, and civil rights of Chinese Americans
       Section 620 makes certain technical and conforming 
     amendments to a reporting provision enacted pursuant to the 
     Damon Paul Nelson and Matthew Young Pollard Intelligence 
     Authorization Act for Fiscal Years 2018, 2019, and 2020.
     Section 621. National Intelligence Estimate on the threat of 
         global pandemic disease
       Section 621 requires the DNI, acting through the National 
     Intelligence Council, to produce a National Intelligence 
     Estimate on the threat of global pandemic disease.
     Section 622. Modification of requirement for briefings on 
         national security effects of emerging infectious disease 
         and pandemics
       Section 622 amends a quinquennial reporting provision 
     enacted pursuant to the Damon Paul Nelson and Matthew Young 
     Pollard Intelligence Authorization Act for Fiscal Years 2018, 
     2019, and 2020 to require annual reporting.
     Section 623. Independent study on open-source intelligence
       Section 623 requires the DNI to seek to enter into an 
     agreement with a federally funded research and development 
     center or a nongovernmental entity to conduct a study on the 
     future of the collection, processing, exploitation, analysis, 
     dissemination, and evaluation of open-source intelligence by 
     the IC, with certain requirements and criteria.
     Section 624. Survey on Open Source Enterprise
       Section 624 requires the Director of the CIA (as the open 
     source functional manager for the IC), in consultation with 
     the DNI and any other IC element head that the Director 
     determines appropriate, to conduct a survey to measure the 
     satisfaction of customers of open-source intelligence with 
     the Open Source Enterprise of the CIA.
     Section 625. Sense of Congress on report on murder of Jamal 
         Khashoggi
       Section 625 provides that it is the sense of Congress that 
     the DNI should reasonably have been able to produce an 
     unclassified report, as required pursuant to section 5714 of 
     the Damon Paul Nelson and Matthew Young Pollard Intelligence 
     Authorization Act for Fiscal Years 2018, 2019, and 2020, and 
     section 1277 of the National Defense Authorization Act for 
     Fiscal Year 2020.

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