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

U.S Code last checked for updates: Apr 26, 2024

§ 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

(2)

Candidate, election, and political party

(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

(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

(7)

High confidence

(8)

Moderate 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

(3)

Protection of sources and methods

(Pub. L. 116–92, div. E, title LXV, § 6507, Dec. 20, 2019, 133 Stat. 2207.)

cite as: 50 USC 3371c