§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 significant foreign cyber attack or a covert foreign influence operation meant to affect an upcoming election for a federal office has happened or is happening, and they have moderate or high confidence it came from a foreign government or a foreign nonstate person or group. Within 14 days of that decision, they must give a classified briefing to congressional leaders (the Senate majority and minority leaders and the Speaker and House minority leader), the congressional intelligence committees, and certain other Congress committees. The briefing must describe the incident, say who it is attributed to, discuss whether the information could or should be made public, and include any other relevant details they choose. If the incident is a cyber intrusion, the Secretary of Homeland Security must offer a briefing to owners or operators of the affected election-related electronic systems about the intrusion and steps to reduce harm. All of this must protect intelligence sources and methods. Key terms: active measures campaign — a covert foreign intelligence operation; candidate, election, political party, and Federal office — defined in 52 U.S.C. 30101; congressional leadership — the four leaders named above; cyber intrusion — an electronic event that harms or risks election systems or the information in them; electronic election infrastructure — electronic systems of the Federal Government, a State or local government, a political party, or a candidate’s campaign related to a federal election; high confidence — based on high-quality information from multiple sources; moderate confidence — credible and plausible but less certain; other appropriate congressional committees — the listed Armed Services, Foreign Relations/Affairs, Homeland Security, and Appropriations committees in both chambers.