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

Summary

The Director of National Intelligence, the FBI Director, and the Secretary of Homeland Security must work together when they decide that on or after December 20, 2019 a major foreign cyber attack or a covert foreign influence operation meant to affect an upcoming federal election has happened or is happening, and they have moderate or high confidence it came from a foreign government or foreign group or person. The law names a few key terms: "active measures campaign" (a covert foreign intel operation), "cyber intrusion" (an unauthorized electronic attack on election systems or their data), "electronic election infrastructure" (election-related computer systems for the Federal Government, state or local government, a political party, or a campaign), "high confidence" (based on high-quality info from multiple sources), "moderate confidence" (credible but less certain), and "congressional leadership" (Senate majority and minority leaders, the Speaker of the House, and the House minority leader). Within 14 days of that joint decision, those three officials must give a classified briefing to congressional leadership, the congressional intelligence committees, and certain other House and Senate committees (Armed Services; Foreign Relations/Affairs; Homeland Security; and Appropriations). The briefing must describe the intrusion or influence campaign, say who it is attributed to, consider whether it should be made public, and include other relevant details. The Secretary of Homeland Security must also offer a briefing to owners or operators of any affected election systems that explains the intrusion and steps to reduce harm. All briefings must protect sources and methods and may be limited to people with the right security clearances.