50 U.S.C. § 3242 — Untitled legal text

Page 775 TITLE 50—WAR AND NATIONAL DEFENSE § 3242 1 See References in Text note below. 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). § 3241. Biennial reports on foreign biological threats (a) Reports On a biennial basis until the date that is 10 years after March 15, 2022, the Director of Na- tional Intelligence shall submit to the congres- sional intelligence committees a comprehensive report on the activities, prioritization, and re- sponsibilities of the intelligence community with respect to foreign biological threats ema- nating from the territory of, or sponsored by, a covered country. (b) Matters included Each report under subsection (a) shall include, with respect to foreign biological threats ema- nating from the territory of, or sponsored by, a covered country, the following: (1) A detailed description of all activities re- lating to such threats undertaken by each ele- ment of the intelligence community, and an assessment of any gaps in such activities. (2) A detailed description of all duties and responsibilities relating to such threats ex- plicitly authorized or otherwise assigned, ex- clusively or jointly, to each element of the in- telligence community, and an assessment of any identified gaps in such duties or respon- sibilities. (3) A description of the coordination among the relevant elements of the intelligence com- munity with respect to the activities specified in paragraph (1) and the duties and respon- sibilities specified in paragraph (2). (4) An inventory of the strategies, plans, policies, and interagency agreements of the in- telligence community relating to the collec- tion, monitoring, analysis, mitigation, and at- tribution of such threats, and an assessment of any identified gaps therein. (5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intel- ligence community partners. (6) An assessment of foreign malign influ- ence efforts relating to such threats, including any foreign academics engaged in such efforts, and a description of how the intelligence com- munity contributes to efforts by non-intel- ligence community partners to counter such foreign malign influence. (c) Form Each report submitted under subsection (a) may be submitted in classified form, but if so submitted shall include an unclassified execu- tive summary. (d) Definitions In this section: (1) Covered country The term ‘‘covered country’’ means— (A) China; (B) Iran; (C) North Korea; (D) Russia; and (E) any other foreign country— (i) from which the Director of National Intelligence determines a biological threat emanates; or (ii) that the Director determines has a known history of, or has been assessed as having conditions present for, infectious disease outbreaks or epidemics. (2) Foreign biological threat The term ‘‘foreign biological threat’’ means biological warfare, bioterrorism, naturally oc- curring infectious diseases, or accidental expo- sures to biological materials, without regard to whether the threat originates from a state actor, a non-state actor, natural conditions, or an undetermined source. (3) Foreign malign influence The term ‘‘foreign malign influence’’ has the meaning given such term in section 3059(e) 1 of this title. (4) Non-intelligence community partner The term ‘‘non-intelligence community partner’’ means a Federal department or agen- cy that is not an element of the intelligence community. (July 26, 1947, ch. 343, title XI, § 1111, as added Pub. L. 117–103, div. X, title VIII, § 821(a), Mar. 15, 2022, 136 Stat. 1019.) Editorial Notes REFERENCES IN TEXT Section 3059(e) of this title, referred to in subsec. (d)(3), was redesignated as section 3059(f) of this title by Pub. L. 117–263, div. F, title LXIII, §6307(b)(1), Dec. 23, 2022, 136 Stat. 3505. Statutory Notes and Related Subsidiaries FIRST REPORT Pub. L. 117–103, div. X, title VIII, § 821(b), Mar. 15, 2022, 136 Stat. 1020, provided that: ‘‘Not later than 120 days after the date of the enactment of this Act [Mar. 15, 2022], the Director of National Intelligence shall submit to the congressional intelligence committees the first report required under section 1111 of the Na- tional Security Act of 1947 [50 U.S.C. 3241], as added by subsection (a).’’ [For definition of ‘‘congressional intelligence com- mittees’’ as used in section 821(b) of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.] § 3242. Annual reports on certain cyber vulnerabilities procured by intelligence com- munity and foreign commercial providers of cyber vulnerabilities (a) Annual reports On an annual basis through 2026, the Director of the Central Intelligence Agency and the Di- rector of the National Security Agency, in co- ordination with the Director of National Intel- ligence, shall jointly submit to the congres- sional intelligence committees a report con- taining information on foreign commercial pro- viders and the cyber vulnerabilities procured by the intelligence community through foreign commercial providers. Page 776 TITLE 50—WAR AND NATIONAL DEFENSE § 3243 (b) Elements Each report under subsection (a) shall include, with respect to the period covered by the report, the following: (1) A description of each cyber vulnerability procured through a foreign commercial pro- vider, including— (A) a description of the vulnerability; (B) the date of the procurement; (C) whether the procurement consisted of only that vulnerability or included other vulnerabilities; (D) the cost of the procurement; (E) the identity of the commercial pro- vider and, if the commercial provider was not the original supplier of the vulner- ability, a description of the original sup- plier; (F) the country of origin of the vulner- ability; and (G) an assessment of the ability of the in- telligence community to use the vulner- ability, including whether such use will be operational or for research and development, and the approximate timeline for such use. (2) An assessment of foreign commercial pro- viders that— (A) pose a significant threat to the na- tional security of the United States; or (B) have provided cyber vulnerabilities to any foreign government that— (i) has used the cyber vulnerabilities to target United States persons, the United States Government, journalists, or dis- sidents; or (ii) has an established pattern or prac- tice of violating human rights or sup- pressing dissent. (3) An assessment of whether the intel- ligence community has conducted business with the foreign commercial providers identi- fied under paragraph (2) during the 5-year pe- riod preceding the date of the report. (c) Form Each report under subsection (a) may be sub- mitted in classified form. (d) Definitions In this section: (1) Commercial provider The term ‘‘commercial provider’’ means any person that sells, or acts as a broker, for a cyber vulnerability. (2) Cyber vulnerability The term ‘‘cyber vulnerability’’ means any tool, exploit, vulnerability, or code that is in- tended to compromise a device, network, or system, including such a tool, exploit, vulner- ability, or code procured by the intelligence community for purposes of research and devel- opment. (July 26, 1947, ch. 343, title XI, § 1112, as added Pub. L. 117–103, div. X, title VIII, § 822(a), Mar. 15, 2022, 136 Stat. 1020.) Statutory Notes and Related Subsidiaries FIRST REPORT Pub. L. 117–103, div. X, title VIII, § 822(b), Mar. 15, 2022, 136 Stat. 1021, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Mar. 15, 2022], the Director of the Central Intelligence Agen- cy and the Director of the National Security Agency shall jointly submit the first report required under sec- tion 1112 of the National Security Act of 1947 [50 U.S.C. 3242], as added by subsection (a).’’ § 3243. Periodic reports on technology strategy of intelligence community (a) Reports On a basis that is not less frequent than once every 4 years, the Director of National Intel- ligence, in coordination with the Director of the Office of Science and Technology Policy, the Secretary of Commerce, and the heads of such other agencies as the Director considers appro- priate, shall submit to the congressional intel- ligence committees a comprehensive report on the technology strategy of the intelligence com- munity, which shall be designed to support the maintenance of the leadership of the United States in critical and emerging technologies es- sential to the national security of the United States. (b) Elements Each report submitted under subsection (a) shall include the following: (1) An assessment of technologies critical to the national security of the United States, particularly those technologies with respect to which foreign countries that are adversarial to the United States have or are poised to match or surpass the technology leadership of the United States. (2) A review of current technology policies of the intelligence community, including long- term goals. (3) An identification of sectors and supply chains the Director determines to be of the greatest strategic importance to national se- curity. (4) An identification of opportunities to pro- tect the leadership of the United States, and the allies and partners of the United States, in critical technologies, including through tar- geted export controls, investment screening, and counterintelligence activities. (5) An identification of research and develop- ment areas the Director determines critical to the national security of the United States, in- cluding areas in which the private sector does not focus. (6) Recommendations for growing talent in key critical and emerging technologies and en- hancing the ability of the intelligence commu- nity to recruit and retain individuals with critical skills relating to such technologies. (7) An identification of opportunities to im- prove the leadership of the United States in critical technologies, including opportunities to develop international partnerships to rein- force domestic policy actions, develop new markets, engage in collaborative research, and maintain an international environment that reflects the values of the United States and protects the interests of the United States. (8) A technology annex to establish an ap- proach for the identification, prioritization, development, and fielding of emerging tech- nologies critical to the mission of the intel- ligence community.