50 U.S.C. § 3371c

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

Section 3371c - Notification of significant foreign cyber intrusions and active measures campaigns directed at elections for Federal offices

(a) Definitions

In this section:

(1) Active measures campaign

The term "active measures campaign" means a foreign semi-covert or covert intelligence operation.

(2) Candidate, election, and political party

The terms "candidate", "election", and "political party" have the meanings given those terms in section 30101 of title 52.

(3) Congressional leadership

The term "congressional leadership" includes the following:

(A) The majority leader of the Senate.

(B) The minority leader of the Senate.

(C) The Speaker of the House of Representatives.

(D) The minority leader of the House of Representatives.

(4) Cyber intrusion

The term "cyber intrusion" means an electronic occurrence that actually or imminently jeopardizes, without lawful authority, electronic election infrastructure, or the integrity, confidentiality, or availability of information within such infrastructure.

(5) Electronic election infrastructure

The term "electronic election infrastructure" means an electronic information system of any of the following that is related to an election for Federal office:

(A) The Federal Government.

(B) A State or local government.

(C) A political party.

(D) The election campaign of a candidate.

(6) Federal office

The term "Federal office" has the meaning given that term in section 30101 of title 52.

(7) High confidence

The term "high confidence", with respect to a determination, means that the determination is based on high-quality information from multiple sources.

(8) Moderate confidence

The term "moderate confidence", with respect to a determination, means that a determination is credibly sourced and plausible but not of sufficient quality or corroborated sufficiently to warrant a higher level of confidence.

(9) Other appropriate congressional committees

The term "other appropriate congressional committees" means-

(A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and

(B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.

(b) Determinations of significant foreign cyber intrusions and active measures campaigns

The Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security shall jointly carry out subsection (c) if such Directors and the Secretary jointly determine-

(1) that on or after December 20, 2019, a significant foreign cyber intrusion or active measures campaign intended to influence an upcoming election for any Federal office has occurred or is occurring; and

(2) with moderate or high confidence, that such intrusion or campaign can be attributed to a foreign state or to a foreign nonstate person, group, or other entity.

(c) Briefing

(1) In general

Not later than 14 days after making a determination under subsection (b), the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security shall jointly provide a briefing to the congressional leadership, the congressional intelligence committees and, consistent with the protection of sources and methods, the other appropriate congressional committees. The briefing shall be classified and address, at a minimum, the following:

(A) A description of the significant foreign cyber intrusion or active measures campaign, as the case may be, covered by the determination.

(B) An identification of the foreign state or foreign nonstate person, group, or other entity, to which such intrusion or campaign has been attributed.

(C) The desirability and feasibility of the public release of information about the cyber intrusion or active measures campaign.

(D) Any other information such Directors and the Secretary jointly determine appropriate.

(2) Electronic election infrastructure briefings

With respect to a significant foreign cyber intrusion covered by a determination under subsection (b), the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall offer to the owner or operator of any electronic election infrastructure directly affected by such intrusion, a briefing on such intrusion, including steps that may be taken to mitigate such intrusion. Such briefing may be classified and made available only to individuals with appropriate security clearances.

(3) Protection of sources and methods

This subsection shall be carried out in a manner that is consistent with the protection of sources and methods.

50 U.S.C. § 3371c

Pub. L. 116-92, §6507, 133 Stat. 2207.

STATUTORY NOTES AND RELATED SUBSIDIARIES

DEFINITIONSFor definition of "congressional intelligence committees", referred to in subsec. (c)(1), see section 5003 of div. E of Pub. L. 116-92, set out as a note under section 3003 of this title.

appropriate congressional committees

The term "appropriate congressional committees" means-(A) the congressional intelligence committees;(B) the Committee on Armed Services of the Senate;(C) the Committee on Appropriations of the Senate;(D) the Committee on Homeland Security and Governmental Affairs of the Senate;(E) the Committee on Armed Services of the House of Representatives;(F) the Committee on Appropriations of the House of Representatives;(G) the Committee on Homeland Security of the House of Representatives; and(H) the Committee on Oversight and Reform of the House of Representatives.