Us Code § 3371 - Required counterintelligence assessments, briefings, notifications, and reports

§ 3371. Required counterintelligence assessments, briefings, notifications, and reports

(a) Foreign counterintelligence and cybersecurity threats to Federal election campaigns

(1) Reports required

(A) In general

As provided in subparagraph (B), with respect to an election for Federal office, the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis and the Director of the Federal Bureau of Investigation, shall make publicly available on an internet website an advisory report on foreign counterintelligence and cybersecurity threats to campaigns of candidates for Federal office. Each such report, consistent with the protection of sources and methods, shall include the following:

(i) A description of foreign counterintelligence and cybersecurity threats to campaigns of candidates for Federal office.

(ii) A summary of best practices that campaigns of candidates for Federal office can employ in seeking to counter such threats.

(iii) An identification of publicly available resources, including United States Government resources, for countering such threats.

(B) Schedule for submittal

(i) In general

Except as provided by clause (ii), with respect to an election for Federal office, a report under this subsection shall be first made available not later than the date that is 1 year before the date of such election, and may be subsequently revised as the Director of National Intelligence determines appropriate.

(ii) 2020 elections

With respect to an election for Federal office that occurs during 2020, the report under this subsection shall be first made available not later than the date that is 60 days after December 20, 2020, and may be subsequently revised as the Director of National Intelligence determines appropriate.

(C) Information to be included

A report under this subsection shall reflect the most current information available to the Director of National Intelligence regarding foreign counterintelligence and cybersecurity threats.

(2) Treatment of campaigns subject to heightened threats

If the Director of the Federal Bureau of Investigation and the Under Secretary of Homeland Security for Intelligence and Analysis jointly determine that a campaign of a candidate for Federal office is subject to a heightened foreign counterintelligence or cybersecurity threat, the Director and the Under Secretary, consistent with the protection of sources and methods, may make available additional information to the appropriate representatives of such campaign.

(b) Omitted

(c) Director of National Intelligence assessment of foreign interference in Federal elections

(1) Assessments required

Not later than 45 days after the end of a Federal election cycle, the Director of National Intelligence, in consultation with the heads of such other executive departments and agencies as the Director considers appropriate, shall—

(A) conduct an assessment of any information indicating that a foreign government, or any person acting as an agent of or on behalf of a foreign government, has acted with the intent or purpose of interfering in elections for Federal office occurring during the Federal election cycle; and

(B) transmit the findings of the Director with respect to the assessment conducted under subparagraph (A), along with such supporting information as the Director considers appropriate, to the following:

(i) The President.

(ii) The Secretary of State.

(iii) The Secretary of the Treasury.

(iv) The Secretary of Defense.

(v) The Attorney General.

(vi) The Secretary of Homeland Security.

(vii) Congress.

(2) Elements

An assessment conducted under paragraph (1)(A), with respect to an act described in such paragraph, shall identify, to the maximum extent ascertainable, the following:

(A) The nature of any foreign interference and any methods employed to execute the act.

(B) The persons involved.

(C) The foreign government or governments that authorized, directed, sponsored, or supported the act.

(3) Publication

The Director shall, not later than 60 days after the end of a Federal election cycle, make available to the public, to the greatest extent possible consistent with the protection of sources and methods, the findings transmitted under paragraph (1)(B).

(4) Federal election cycle defined

In this section, the term "Federal election cycle" means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the first regularly scheduled general election for Federal office held after such date.

(5) Effective date

This subsection shall apply with respect to the Federal election cycle that began during November 2018, and each succeeding Federal election cycle.

(Pub. L. 116–92, div. E, title LIII, §5304, Dec. 20, 2019, 133 Stat. 2119.)

Editorial Notes

Codification

Section is comprised of section 5304 of Pub. L. 116–92. Subsec. (b) of section 5304 of Pub. L. 116–92 enacted section 3111 of this title and amended the analysis for the National Security Act of 1947 (50 U.S.C. 3001 et seq.).