50 U.S.C. § 3059

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3059 - Foreign Malign Influence Center

(a) Establishment

There is within the Office of the Director of National Intelligence a Foreign Malign Influence Center (in this section referred to as the "Center").

(b) Functions and composition

The Center shall-

(1) be comprised of analysts from all elements of the intelligence community, including elements with diplomatic and law enforcement functions;

(2) have access to all intelligence and other reporting possessed or acquired by the United States Government pertaining to foreign malign influence;

(3) 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 foreign malign influence; and

(4) provide to employees and officers of the Federal Government in policy-making positions and Congress comprehensive assessments, and indications and warnings, of foreign malign influence.

(c) Director

(1) Appointment

There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Director of National Intelligence.

(2) Role

The Director of the Center shall-

(A) report directly to the Director of National Intelligence;

(B) carry out the functions under subsection (b); and

(C) at the request of the President or the Director of National Intelligence, develop and provide recommendations for potential responses by the United States to foreign malign influence.

(d) Annual reports

(1) In general

In addition to the matters submitted pursuant to subsection (b)(4), 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 congressional intelligence committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on foreign malign influence.

(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 most significant activities of the Center.

(B) Any recommendations the Director determines necessary for legislative or other actions to improve the ability of the Center to carry out its functions, including recommendations regarding the protection of privacy and civil liberties.

(e) Termination

After December 31, 2028, the Director of National Intelligence may terminate the Center, but only if the Director of National Intelligence submits to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a determination that the termination of the Center is appropriate, which includes-

(1) a detailed description that other offices or entities within the intelligence community-

(A) have the capabilities to perform the functions of the Center; and

(B) will exercise the functions of the Center upon the termination of the Center; and

(2) a detailed description of-

(A) the actions the Director of National Intelligence will take to conduct an orderly wind-down of the activities of the Center; and

(B) the proposed timeline for such actions.

(f) Definitions

In this section:

(1) Covered foreign country

The term "covered foreign country" means the following:

(A) The Russian Federation.

(B) The Islamic Republic of Iran.

(C) The Democratic People's Republic of Korea.

(D) The People's Republic of China.

(E) Any other foreign country that the Director of the Center determines appropriate for purposes of this section.

(2) Foreign malign influence

The term "foreign malign influence" means any hostile effort undertaken by, at the direction of, or on behalf of or with the substantial support of, the government of a covered foreign country with the objective of influencing, through overt or covert means-

(A) the political, military, economic, or other policies or activities of the United States Government or State or local governments, including any election within the United States; or

(B) the public opinion within the United States.

50 U.S.C. § 3059

July 26, 1947, ch. 343, title I, §119C, as added Pub. L. 116-92, §5322, 133 Stat. 2129; amended Pub. L. 117-263, §6307, 136 Stat. 3504, 3505.

EDITORIAL NOTES

AMENDMENTS2022- Pub. L. 117-263, §6307(a)(1)(A), struck out "Response" after "Influence" in section catchline.Subsec. (a). Pub. L. 117-263, §6307(a)(1)(B), struck out "Response" after "Influence".Subsecs. (e), (f). Pub. L. 117-263, §6307(b), added subsec. (e) and redesignated former subsec. (e) as (f).

STATUTORY NOTES AND RELATED SUBSIDIARIES

REFERENCE TO FOREIGN MALIGN INFLUENCE RESPONSE CENTER Pub. L. 117-263, §6307, 136 Stat. 3505, provided that: "Any reference in law, regulation, map, document, paper, or other record of the United States to the 'Foreign Malign Influence Response Center' shall be deemed to be a reference to the Foreign Malign Influence Center."

congressional intelligence committees: The term "congressional intelligence committees" means-(A) the Select Committee on Intelligence of the Senate; and(B) the Permanent Select Committee on Intelligence of the House of Representatives.
intelligence community: The term "intelligence community" includes the following:(A) The Office of the Director of National Intelligence.(B) The Central Intelligence Agency.(C) The National Security Agency.(D) The Defense Intelligence Agency.(E) The National Geospatial-Intelligence Agency.(F) The National Reconnaissance Office.(G) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs.(H) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Space Force, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy.(I) The Bureau of Intelligence and Research of the Department of State.(J) The Office of Intelligence and Analysis of the Department of the Treasury.(K) The Office of Intelligence and Analysis of the Department of Homeland Security.(L) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
intelligence: The term "intelligence" includes foreign intelligence and counterintelligence.
national intelligence: The terms "national intelligence" and "intelligence related to national security" refer to all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that-(A) pertains, as determined consistent with any guidance issued by the President, to more than one United States Government agency; and(B) that involves-(i) threats to the United States, its people, property, or interests;(ii) the development, proliferation, or use of weapons of mass destruction; or(iii) any other matter bearing on United States national or homeland security.