Floor SpeechNeutral2024-12-18

EXPLANATORY STATEMENT FOR THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2025

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On 2024-12-18, Senator Mark R. Warner (D-VA) delivered a floor speech titled "EXPLANATORY STATEMENT FOR THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2025" in the Senate. The speech addressed immigration and also covered the environment, foreign policy. It referenced legislation including S7173, S7175, S7174.

Full Text

EXPLANATORY STATEMENT FOR THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2025

Congressional Record, Volume 170 Issue 188 (Wednesday, December 18, 2024) [Congressional Record Volume 170, Number 188 (Wednesday, December 18, 2024)] [Senate] [Pages S7173-S7175] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] EXPLANATORY STATEMENT FOR THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2025 Mr. WARNER. Madam 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 2025. 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 explanatory statement for the Intelligence Authorization Act for Fiscal Year 2025 be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: Explanatory Statement on the Intelligence Authorization Act for Fiscal Year 2025 The following is the Explanatory Statement to accompany the Intelligence Authorization Act for Fiscal Year 2025 (``the Act''), which has been included as Division F of the National Defense Authorization Act for Fiscal Year 2025. The Explanatory Statement [[Page S7174]] reflects the result of negotiations between the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence (together, ``the Committees''). The Explanatory Statement 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 classified nature of U.S. intelligence activities prevents the Committees from publicly disclosing many details concerning their final decisions regarding funding levels and policy direction. Therefore, the Committees have prepared a classified annex--referred to here and within the annex itself as ``the Agreement''--that contains a classified Schedule of Authorizations and describes in detail the scope and intent of the Committees' actions. The Agreement authorizes the Intelligence Community to obligate and expend funds as requested in the President's budget and as modified by the classified Schedule of Authorizations, subject to applicable reprogramming procedures. The classified Schedule of Authorizations is incorporated into the Act pursuant to Section 6102 of the Act. It has the status of law. The Agreement supplements and adds detail to clarify the authorization levels found in the Act and in the classified Schedule of Authorizations. This 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 2025 (S. Rept. 118-181) and in the House Permanent Select Committee on Intelligence Report to accompany the Intelligence Authorization Act for Fiscal Year 2025 (H. Rept. 118-662). The Agreement supersedes all classified direction in the classified annexes to accompany S. Rept. 118-181 and H. Rept. 118-662 related to programs and activities authorized by the Schedule of Authorization. The Executive Branch is further directed as follows: Study on Threats Posed by Citizenship-by-Investment Programs The Committees are concerned with the threats to the United States posed by citizenship-by-investment programs operated by foreign governments. A recent Financial Action Task Force (FATF) and Organization for Economic Cooperation and Development (OECD) report highlighted the ease of identity laundering, bribery and corruption that result from these programs, as well as the freedom of movement offered to malign actors, sanctioned individuals, weapons and human traffickers, and terrorists. The FATF and OECD report noted that these programs ``make it challenging for compliance professionals at [financial institutions] or other businesses to engage in accurate due diligence,'' undermine visa controls and sanctions enforcement, and facilitate the movement of individuals who have violated the law to other jurisdictions to avoid arrest. The Committees therefore direct the Director of National Intelligence (DNI), in coordination with the Assistant Secretary for Intelligence and Analysis of the U.S. Department of the Treasury and the heads of any other elements of the Intelligence Community the Director considers appropriate, not later than 180 days after the date of the enactment of this Act, to submit to the Committees a study on the threat posed to the United States by foreign citizenship- by-investment programs and the investments allowed under such programs; and provide to the committees a briefing on the results of the study. The study shall include the following: 1. A detailed description of the threats posed to the national security of the United States by citizenship-by- investment programs; 2. The types of investments or contributions which an individual may make in exchange for citizenship under a foreign government's citizenship-by-investment program, including investments in, or donations or transfers to, the government of a foreign country or any person, business, or entity in such foreign country, or for the benefit of a foreign country; 3. The use of such programs to evade sanctions or taxes, facilitate or finance crimes related to national security, including terrorism, weapons trafficking or proliferation, cybercrime, drug trafficking, human trafficking, and espionage, or any other activity which furthers the interests of a foreign adversary or undermines the integrity of the immigration laws or security of the United States, or undermines the United States and its interests through any other means identified by the Director; 4. The foreign countries whose citizenship-by-investment programs pose the greatest threat to the national security of the United States; 5. Recommendations for any additional resources or authorities necessary to counter such threats; and 6. A description of opportunities to counter such threats. Study on Threat Posed by Foreign Investment in United States Agricultural Land The Committees note that foreign ownership and investment in U.S. agricultural land--which includes farmland, pastures, and forest land--has grown almost 50% since 2017, according to the U.S. Department of Agriculture (USDA). While foreign investors in U.S. agricultural land are required to submit forms describing their transactions to USDA by the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. Sec. 3501) (AFIDA), AFIDA was not designed to identify potential national security concerns. The Committees therefore direct the Director of the Federal Bureau of Investigation, in coordination with the elements of the Intelligence Community the Director considers appropriate, not later than 180 days after the date of the enactment of this Act, to (1) submit to the Committees a study on the threat posed to the United States by foreign investment in agricultural land in the United States, and (2) provide to the committees a briefing on the results of the study. The study shall include the following: 1. Data and an analysis of agricultural land holdings, including current and previous uses of the land disaggregated by sector and industry, held by a foreign person from a country identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director pursuant to section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b) (commonly known as the ``Annual Threat Assessment''), a nonmarket economy country, or any other country that the Director determines to be appropriate; 2. An analysis of the proximity of the agricultural land holdings to critical infrastructure and military installations; 3. An assessment of the threats posed to the national security of the United States by malign actors that use foreign investment in agricultural land in the United States; 4. An assessment of warning indicators and methods by which to detect potential threats from the use by foreign adversaries of agricultural products for nefarious ends; and 5. An assessment of additional resources or authorities necessary to counter threats identified during the study. Intelligence Assessment of Economic Coercion by the People's Republic of China in the Indo-Pacific Region The Committees direct that, not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of State for Intelligence and Research shall submit a classified intelligence assessment to the Committees that (1) outlines economic coercion efforts by the People's Republic of China in the Indo-Pacific region, and (2) describes measures that have been, or could be, taken to enhance the resilience of countries in the region to such coercion. Classified Annex to Report on Mission Effect of Civilian Harm Section 6323 of the Act requires the DNI, acting through the National Intelligence Council, to submit to the appropriate congressional committees a report examining the extent to which civilian harm that occurs during counterterrorism operations informs analyses of the Intelligence Community on the mission success of campaigns to degrade, disrupt, or defeat foreign terrorist organizations. The Committees direct that this report include a classified annex, to be submitted to the Committees, that provides an inventory of (1) collection gaps and challenges that may affect the analysis of the success or failure of campaigns against terrorist groups, and (2) actions taken by the DNI to mitigate such gaps and challenges. Report on Establishing a National Intelligence Center Dedicated to Strategic Competition Section 6307 of the Act, among other things, codifies the National Intellige

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EXPLANATORY STATEMENT FOR THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2025 Congressional Record, Volume 170 Issue 188 (Wednesday, December 18, 2024) [Congressional Record Volume 170, Number 188 (Wednesday, December 18, 2024)] [Senate] [Pages S7173-S7175] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] EXPLANATORY STATEMENT FOR THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2025 Mr. WARNER. Madam 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 2025. 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 explanatory statement for the Intelligence Authorization Act for Fiscal Year 2025 be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: Explanatory Statement on the Intelligence Authorization Act for Fiscal Year 2025 The following is the Explanatory Statement to accompany the Intelligence Authorization Act for Fiscal Year 2025 (``the Act''), which has been included as Division F of the National Defense Authorization Act for Fiscal Year 2025. The Explanatory Statement [[Page S7174]] reflects the result of negotiations between the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence (together, ``the Committees''). The Explanatory Statement 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 classified nature of U.S. intelligence activities prevents the Committees from publicly disclosing many details concerning their final decisions regarding funding levels and policy direction. Therefore, the Committees have prepared a classified annex--referred to here and within the annex itself as ``the Agreement''--that contains a classified Schedule of Authorizations and describes in detail the scope and intent of the Committees' actions. The Agreement authorizes the Intelligence Community to obligate and expend funds as requested in the President's budget and as modified by the classified Schedule of Authorizations, subject to applicable reprogramming procedures. The classified Schedule of Authorizations is incorporated into the Act pursuant to Section 6102 of the Act. It has the status of law. The Agreement supplements and adds detail to clarify the authorization levels found in the Act and in the classified Schedule of Authorizations. This 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 2025 (S. Rept. 118-181) and in the House Permanent Select Committee on Intelligence Report to accompany the Intelligence Authorization Act for Fiscal Year 2025 (H. Rept. 118-662). The Agreement supersedes all classified direction in the classified annexes to accompany S. Rept. 118-181 and H. Rept. 118-662 related to programs and activities authorized by the Schedule of Authorization. The Executive Branch is further directed as follows: Study on Threats Posed by Citizenship-by-Investment Programs The Committees are concerned with the threats to the United States posed by citizenship-by-investment programs operated by foreign governments. A recent Financial Action Task Force (FATF) and Organization for Economic Cooperation and Development (OECD) report highlighted the ease of identity laundering, bribery and corruption that result from these programs, as well as the freedom of movement offered to malign actors, sanctioned individuals, weapons and human traffickers, and terrorists. The FATF and OECD report noted that these programs ``make it challenging for compliance professionals at [financial institutions] or other businesses to engage in accurate due diligence,'' undermine visa controls and sanctions enforcement, and facilitate the movement of individuals who have violated the law to other jurisdictions to avoid arrest. The Committees therefore direct the Director of National Intelligence (DNI), in coordination with the Assistant Secretary for Intelligence and Analysis of the U.S. Department of the Treasury and the heads of any other elements of the Intelligence Community the Director considers appropriate, not later than 180 days after the date of the enactment of this Act, to submit to the Committees a study on the threat posed to the United States by foreign citizenship- by-investment programs and the investments allowed under such programs; and provide to the committees a briefing on the results of the study. The study shall include the following: 1. A detailed description of the threats posed to the national security of the United States by citizenship-by- investment programs; 2. The types of investments or contributions which an individual may make in exchange for citizenship under a foreign government's citizenship-by-investment program, including investments in, or donations or transfers to, the government of a foreign country or any person, business, or entity in such foreign country, or for the benefit of a foreign country; 3. The use of such programs to evade sanctions or taxes, facilitate or finance crimes related to national security, including terrorism, weapons trafficking or proliferation, cybercrime, drug trafficking, human trafficking, and espionage, or any other activity which furthers the interests of a foreign adversary or undermines the integrity of the immigration laws or security of the United States, or undermines the United States and its interests through any other means identified by the Director; 4. The foreign countries whose citizenship-by-investment programs pose the greatest threat to the national security of the United States; 5. Recommendations for any additional resources or authorities necessary to counter such threats; and 6. A description of opportunities to counter such threats. Study on Threat Posed by Foreign Investment in United States Agricultural Land The Committees note that foreign ownership and investment in U.S. agricultural land--which includes farmland, pastures, and forest land--has grown almost 50% since 2017, according to the U.S. Department of Agriculture (USDA). While foreign investors in U.S. agricultural land are required to submit forms describing their transactions to USDA by the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. Sec. 3501) (AFIDA), AFIDA was not designed to identify potential national security concerns. The Committees therefore direct the Director of the Federal Bureau of Investigation, in coordination with the elements of the Intelligence Community the Director considers appropriate, not later than 180 days after the date of the enactment of this Act, to (1) submit to the Committees a study on the threat posed to the United States by foreign investment in agricultural land in the United States, and (2) provide to the committees a briefing on the results of the study. The study shall include the following: 1. Data and an analysis of agricultural land holdings, including current and previous uses of the land disaggregated by sector and industry, held by a foreign person from a country identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director pursuant to section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b) (commonly known as the ``Annual Threat Assessment''), a nonmarket economy country, or any other country that the Director determines to be appropriate; 2. An analysis of the proximity of the agricultural land holdings to critical infrastructure and military installations; 3. An assessment of the threats posed to the national security of the United States by malign actors that use foreign investment in agricultural land in the United States; 4. An assessment of warning indicators and methods by which to detect potential threats from the use by foreign adversaries of agricultural products for nefarious ends; and 5. An assessment of additional resources or authorities necessary to counter threats identified during the study. Intelligence Assessment of Economic Coercion by the People's Republic of China in the Indo-Pacific Region The Committees direct that, not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of State for Intelligence and Research shall submit a classified intelligence assessment to the Committees that (1) outlines economic coercion efforts by the People's Republic of China in the Indo-Pacific region, and (2) describes measures that have been, or could be, taken to enhance the resilience of countries in the region to such coercion. Classified Annex to Report on Mission Effect of Civilian Harm Section 6323 of the Act requires the DNI, acting through the National Intelligence Council, to submit to the appropriate congressional committees a report examining the extent to which civilian harm that occurs during counterterrorism operations informs analyses of the Intelligence Community on the mission success of campaigns to degrade, disrupt, or defeat foreign terrorist organizations. The Committees direct that this report include a classified annex, to be submitted to the Committees, that provides an inventory of (1) collection gaps and challenges that may affect the analysis of the success or failure of campaigns against terrorist groups, and (2) actions taken by the DNI to mitigate such gaps and challenges. Report on Establishing a National Intelligence Center Dedicated to Strategic Competition Section 6307 of the Act, among other things, codifies the National Intellige