Sec. 829. REPORT ON CERTAIN ACTIONS TAKEN BY INTELLIGENCE COMMUNITY WITH RESPECT TO HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW
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## SEC. 829 REPORT ON CERTAIN ACTIONS TAKEN BY INTELLIGENCE COMMUNITY WITH RESPECT TO HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW ###
(a)Report Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Secretary of Defense, and the Director of the Defense Intelligence Agency, and consistent with the protection of intelligence sources and methods, shall submit to the appropriate congressional committees a report on certain actions taken by the intelligence community with respect to human rights and international humanitarian law. ###
(b)Elements The report under subsection
(a)shall include the following: ####
(1)A detailed explanation of whether, and to what extent, each element of the intelligence community has provided intelligence products relating to the efforts of the Secretary of State and the Secretary of Treasury regarding the categorization, determinations on eligibility for assistance and training, and general understanding, of covered entities that commit, engage, or are otherwise complicit in, violations of human rights or international humanitarian law. ####
(2)A detailed explanation of whether, and to what extent, each element of the intelligence community has provided intelligence products relating to any of the following: #####
(A)Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116-94; 8 U.S.C. 1182 note). #####
(B)The visa restriction policy of the Department of State announced on February 26, 2021, and commonly referred to as the “Khashoggi Ban”. #####
(C)The annual report requirement of the Department of Defense under section 1057 of the National Defense Authorization Act for Fiscal Year 2018 (131 Stat. 1572). #####
(D)The Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note). ####
(3)A detailed explanation of the following processes: #####
(A)The process of each element of the intelligence community for monitoring covered entities for derogatory human rights or international humanitarian law information. #####
(B)The process of each element of the intelligence community for determining the credibility of derogatory human rights or international humanitarian law information. #####
(C)The process of each element of the intelligence community for determining what further action is appropriate if derogatory human rights or international humanitarian law information is determined to be credible. ####
(4)An unredacted copy of each policy or similar document that describes a process specified in paragraph (3). ####
(5)A detailed explanation of whether, with respect to each element of the intelligence community, the head of the element has changed or restricted any activities of the element in response to derogatory human rights or international humanitarian law information. ####
(6)Examples of any changes or restrictions specified in paragraph
(5)taken by the head of the element of the intelligence community during the two years preceding the date of the submission of the report. ###
(c)Form The report under subsection
(a)shall be submitted in unclassified form, but may include a classified annex. ###
(d)Definitions In this section: ####
(1)Appropriate congressional committees The term “appropriate congressional committees” means— #####
(A)the congressional intelligence committees; #####
(B)the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; #####
(C)the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and #####
(D)the Subcommittees on Financial Services and General Government and the Subcommittees on State, Foreign Operations, and Related Programs of the Committees on Appropriations of the House of Representatives and the Senate. ####
(2)Covered entity The term “covered entity”— #####
(A)means an individual, unit, or foreign government that— ######
(i)has a cooperative relationship with the United States Government; or ######
(ii)is the target of an intelligence collection activity carried out by the United States Government; but #####
(B)does not include an employee of the United States Government. ####
(3)Derogatory human rights or international humanitarian law information The term “derogatory human rights or international humanitarian law information” means information tending to suggest that a covered entity committed, participated, or was otherwise complicit in, a violation of human rights or international humanitarian law, regardless of the credibility of such information, the source of the information, or the level of classification of the information. ####
(4)Violation of human rights or international humanitarian law The term “violation of human rights or international humanitarian law” includes a violation of any authority or obligation of the United States Government related to human rights or international humanitarian law, without regard to whether such authority or obligation is codified in a provision of law, regulation, or policy.
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- 131 Stat. 1572
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Sec. 829
REPORT ON CERTAIN ACTIONS TAKEN BY INTELLIGENCE COMMUNITY WITH RESPECT TO HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW
Stat.131 Stat. 1572
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