50 U.S.C. § 3240: Report on best practices to…

Summary

Requires the Director of National Intelligence, using the Office of Civil Liberties, Privacy, and Transparency and working with privacy and civil‑liberties officers across the intelligence community, to send Congress a report every year. The report must be unclassified (with a classified annex if needed). It must review how policies and actions aimed at the People’s Republic of China affect the privacy, civil liberties, and civil rights of Americans of Chinese descent who may be targeted by PRC spying or influence, and it must include recommendations to protect those rights. Congress finds that the People’s Republic of China appears to be targeting the Chinese‑American community for intelligence. That targeting risks unfair questions about loyalty, stereotyping, and racial profiling. The United States must warn and protect Chinese Americans, avoid broad stereotyping, and make sure counter‑intelligence efforts protect their constitutional rights.

Title 50, §3240

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(a)Sense of Congress

It is the sense of Congress that—

(1)the People’s Republic of China appears to be specifically targeting the Chinese-American community for intelligence purposes;

(2)such targeting carries a substantial risk that the loyalty of such Americans may be generally questioned and lead to unacceptable stereotyping, targeting, and racial profiling;

(3)the United States Government has a duty to warn and protect all Americans including those of Chinese descent from these intelligence efforts by the People’s Republic of China;

(4)the broad stereotyping, targeting, and racial profiling of Americans of Chinese descent is contrary to the values of the United States and reinforces the flawed narrative perpetuated by the People’s Republic of China that ethnically Chinese individuals worldwide have a duty to support the People’s Republic of China; and

(5)the United States efforts to combat the People’s Republic of China’s intelligence activities should actively safeguard and promote the constitutional rights of all Chinese Americans.

(b)Report

On an annual basis, the Director of National Intelligence, acting through the Office of Civil Liberties, Privacy, and Transparency, in coordination with the civil liberties and privacy officers of the elements of the intelligence community, shall submit a report to the congressional intelligence committees containing—

(1)a review of how the policies, procedures, and practices of the intelligence community that govern the intelligence activities and operations targeting the People’s Republic of China affect policies, procedures, and practices relating to the privacy, civil liberties, and civil rights of Americans of Chinese descent who may be targets of espionage and influence operations by China; and

(2)recommendations to ensure that the privacy, civil liberties, and civil rights of Americans of Chinese descent are sufficiently protected.

(c)Form

The report under subsection (b) shall be submitted in unclassified form, but may include a classified annex.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2020—Pub. L. 116–260, § 620(a)(4)(A), substituted “, civil liberties, and civil rights” for “and civil liberties” in section catchline. Subsec. (b). Pub. L. 116–260, § 620(a)(4)(B), substituted “On an annual basis,” for “Not later than 180 days after the date of the enactment of this Act,” in introductory provisions and “, civil liberties, and civil rights” for “and civil liberties” in pars. (1) and (2).

§3240 Report on Best Practices to Protect Privacy, Civil Liberties, and Civil Rights of Chinese Americans

Summary

Title 50, §3240

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata