{"identifier":"/us/usc/t50/s3371c","title":50,"num":"\u00a7\u202f3371c.","heading":"Notification of significant foreign cyber intrusions and active measures campaigns directed at elections for Federal offices","text":"\u00a7\u202f3371c.\nNotification of significant foreign cyber intrusions and active measures campaigns directed at elections for Federal offices\n(a)\nDefinitions\nIn this section:\n(1)\nActive measures campaign\nThe term \u201cactive measures campaign\u201d means a foreign semi-covert or covert intelligence operation.\n(2)\nCandidate, election, and political party\nThe terms \u201ccandidate\u201d, \u201celection\u201d, and \u201cpolitical party\u201d have the meanings given those terms in\nsection 30101 of title 52\n(3)\nCongressional leadership\nThe term \u201ccongressional leadership\u201d includes the following:\n(A) The majority leader of the Senate.\n(B) The minority leader of the Senate.\n(C) The Speaker of the House of Representatives.\n(D) The minority leader of the House of Representatives.\n(4)\nCyber intrusion\nThe term \u201ccyber intrusion\u201d 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.\n(5)\nElectronic election infrastructure\nThe term \u201celectronic election infrastructure\u201d means an electronic information system of any of the following that is related to an election for Federal office:\n(A) The Federal Government.\n(B) A State or local government.\n(C) A political party.\n(D) The election campaign of a candidate.\n(6)\nFederal office\nThe term \u201cFederal office\u201d has the meaning given that term in\nsection 30101 of title 52\n(7)\nHigh confidence\nThe term \u201chigh confidence\u201d, with respect to a determination, means that the determination is based on high-quality information from multiple sources.\n(8)\nModerate confidence\nThe term \u201cmoderate confidence\u201d, 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.\n(9)\nOther appropriate congressional committees\nThe term \u201cother appropriate congressional committees\u201d means\u2014\n(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\n(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.\n(b)\nDeterminations of significant foreign cyber intrusions and active measures campaigns\nThe 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\u2014\n(1) that on or after\nDecember 20, 2019\n(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.\n(c)\nBriefing\n(1)\nIn general\nNot 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:\n(A) A description of the significant foreign cyber intrusion or active measures campaign, as the case may be, covered by the determination.\n(B) An identification of the foreign state or foreign nonstate person, group, or other entity, to which such intrusion or campaign has been attributed.\n(C) The desirability and feasibility of the public release of information about the cyber intrusion or active measures campaign.\n(D) Any other information such Directors and the Secretary jointly determine appropriate.\n(2)\nElectronic election infrastructure briefings\nWith 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.\n(3)\nProtection of sources and methods\nThis subsection shall be carried out in a manner that is consistent with the protection of sources and methods.","url":"https://projectusc.org/usc/t50/s3371c.html","content":[{"t":"sec","id":"/us/usc/t50/s3371c","children":[{"t":"num","text":"\u00a7\u202f3371c."},{"t":"heading","text":"Notification of significant foreign cyber intrusions and active measures campaigns directed at elections for Federal offices"},{"t":"subsec","id":"/us/usc/t50/s3371c/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t50/s3371c/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Active measures campaign"},{"t":"content","children":[{"t":"p","text":"The term \u201cactive measures campaign\u201d means a foreign semi-covert or covert intelligence operation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s3371c/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Candidate, election, and political party"},{"t":"content","children":[{"t":"p","text":"The terms \u201ccandidate\u201d, \u201celection\u201d, and \u201cpolitical party\u201d have the meanings given those terms in ","children":[{"t":"ref","text":"section 30101 of title 52","href":"/us/usc/t52/s30101","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s3371c/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Congressional leadership"},{"t":"chapeau","text":"The term \u201ccongressional leadership\u201d includes the following:"},{"t":"subpara","id":"/us/usc/t50/s3371c/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" The majority leader of the Senate.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s3371c/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" The minority leader of the Senate.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s3371c/a/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" The Speaker of the House of Representatives.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s3371c/a/3/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" The minority leader of the House of Representatives.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s3371c/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Cyber intrusion"},{"t":"content","children":[{"t":"p","text":"The term \u201ccyber intrusion\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s3371c/a/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Electronic election infrastructure"},{"t":"chapeau","text":"The term \u201celectronic election infrastructure\u201d means an electronic information system of any of the following that is related to an election for Federal office:"},{"t":"subpara","id":"/us/usc/t50/s3371c/a/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" The Federal Government.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s3371c/a/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" A State or local government.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s3371c/a/5/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" A political party.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s3371c/a/5/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" The election campaign of a candidate.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s3371c/a/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Federal office"},{"t":"content","children":[{"t":"p","text":"The term \u201cFederal office\u201d has the meaning given that term in ","children":[{"t":"ref","text":"section 30101 of title 52","href":"/us/usc/t52/s30101","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s3371c/a/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"High confidence"},{"t":"content","children":[{"t":"p","text":"The term \u201chigh confidence\u201d, with respect to a determination, means that the determination is based on high-quality information from multiple sources.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s3371c/a/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Moderate confidence"},{"t":"content","children":[{"t":"p","text":"The term \u201cmoderate confidence\u201d, 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s3371c/a/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Other appropriate congressional committees"},{"t":"chapeau","text":"The term \u201cother appropriate congressional committees\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t50/s3371c/a/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s3371c/a/9/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t50/s3371c/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Determinations of significant foreign cyber intrusions and active measures campaigns"},{"t":"chapeau","text":"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\u2014"},{"t":"para","id":"/us/usc/t50/s3371c/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" that on or after ","children":[{"t":"text","text":"December 20, 2019","tail":", 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"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s3371c/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t50/s3371c/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Briefing"},{"t":"para","id":"/us/usc/t50/s3371c/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"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:"},{"t":"subpara","id":"/us/usc/t50/s3371c/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" A description of the significant foreign cyber intrusion or active measures campaign, as the case may be, covered by the determination.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s3371c/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" An identification of the foreign state or foreign nonstate person, group, or other entity, to which such intrusion or campaign has been attributed.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s3371c/c/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" The desirability and feasibility of the public release of information about the cyber intrusion or active measures campaign.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s3371c/c/1/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" Any other information such Directors and the Secretary jointly determine appropriate.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s3371c/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Electronic election infrastructure briefings"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s3371c/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Protection of sources and methods"},{"t":"content","children":[{"t":"p","text":"This subsection shall be carried out in a manner that is consistent with the protection of sources and methods.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}