50 U.S.C. § 3238 — Annual reports on influence operations

Page 773 TITLE 50—WAR AND NATIONAL DEFENSE § 3238 States-based Chinese Student Scholar Associa- tions. (5) A description of the evolution of the role of the United Front Work Department under the leadership of the President of China. (6) An assessment of the activities of the United Front Work Department designed to influence the opinions of elected leaders of the United States, or candidates for elections in the United States, with respect to issues of importance to the Chinese Communist Party. (7) A listing of all known organizations af- filiated with the United Front Work Depart- ment that are operating in the United States as of the date of the report. (8) An identification of influence activities and operations employed by the Chinese Com- munist Party against the United States science and technology sectors, specifically employees of the United States Government, researchers, scientists, and students in the science and technology sector in the United States. (9) A listing of all known Chinese talent re- cruitment programs operating in the United States as of the date of the report. (10) With respect to reports submitted after the first report, an assessment of the change in goals, tactics, techniques, and procedures of the influence operations and campaigns con- ducted by the Chinese Communist Party. (c) Coordination In carrying out subsection (a), the Director shall coordinate with the Director of the Fed- eral Bureau of Investigation, the Director of the Central Intelligence Agency, the Director of the National Security Agency, and any other rel- evant head of an element of the intelligence community. (d) Form Each report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (July 26, 1947, ch. 343, title XI, § 1107, as added Pub. L. 116–92, div. E, title LV, § 5511(a), Dec. 20, 2019, 133 Stat. 2146; amended Pub. L. 116–260, div. W, title VI, § 605(a), (d)(1), Dec. 27, 2020, 134 Stat. 2386, 2387; Pub. L. 117–103, div. X, title VII, § 701, Mar. 15, 2022, 136 Stat. 999.) Editorial Notes AMENDMENTS 2022—Subsec. (b)(9), (10). Pub. L. 117–103 added par. (9) and redesignated former par. (9) as (10). 2020—Pub. L. 116–260, § 605(d)(1)(A), substituted ‘‘Chi- nese Communist Party’’ for ‘‘Communist Party of China’’ in section catchline. Subsecs. (a), (b)(1). Pub. L. 116–260, § 605(d)(1)(B), sub- stituted ‘‘Chinese Communist Party’’ for ‘‘Communist Party of China’’. Subsec. (b)(8), (9). Pub. L. 116–260, § 605(a), added par. (8) and redesignated former par. (8) as (9). Statutory Notes and Related Subsidiaries INITIAL REPORT Pub. L. 116–92, div. E, title LV, § 5511(c), Dec. 20, 2019, 133 Stat. 2147, provided that: ‘‘The Director of the Na- tional Counterintelligence and Security Center shall submit to the congressional intelligence committees [Select Committee on Intelligence and Committee on Appropriations of the Senate and Permanent Select Committee on Intelligence and Committee on Appro- priations of the House of Representatives], the Com- mittee on Foreign Affairs of the House of Representa- tives, and the Committee on Foreign Relations of the Senate the first report under section 1107 of the Na- tional Security Act of 1947 [50 U.S.C. 3237], as added by subsection (a), by not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019].’’ § 3237a. Repealed. Pub. L. 117–263, div. F, title LXVIII, § 6811(a), Dec. 23, 2022, 136 Stat. 3600 Section, act July 26, 1947, ch. 343, title XI, § 1107A, as added Pub. L. 116–260, div. W, title VI, § 611(b), Dec. 27, 2020, 134 Stat. 2393, related to annual reports on secu- rity services of the People’s Republic of China in the Hong Kong Special Administrative Region. § 3238. Annual reports on influence operations and campaigns in the United States by the Russian Federation (a) Requirement On an annual basis, the Director of the Na- tional Counterintelligence and Security Center shall submit to the congressional intelligence committees a report on the influence operations and campaigns in the United States conducted by the Russian Federation. (b) Contents Each report under subsection (a) shall include the following: (1) A description and listing of the Russian organizations and persons involved in influ- ence operations and campaigns operating in the United States as of the date of the report. (2) An assessment of organizations that are associated with or receive funding from orga- nizations and persons identified in paragraph (1), particularly such entities operating in the United States. (3) A description of the efforts by the organi- zations and persons identified in paragraph (1) to target, coerce, and influence populations within the United States. (4) An assessment of the activities of the or- ganizations and persons identified in para- graph (1) designed to influence the opinions of elected leaders of the United States or can- didates for election in the United States. (5) With respect to reports submitted after the first report, an assessment of the change in goals, tactics, techniques, and procedures of the influence operations and campaigns con- ducted by the organizations and persons iden- tified in paragraph (1). (c) Coordination In carrying out subsection (a), the Director shall coordinate with the Director of the Fed- eral Bureau of Investigation, the Director of the Central Intelligence Agency, the Director of the National Security Agency, and any other rel- evant head of an element of the intelligence community. (d) Form Each report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (July 26, 1947, ch. 343, title XI, § 1108, as added Pub. L. 116–92, div. E, title LV, § 5501(a), Dec. 20, 2019, 133 Stat. 2143.) Page 774 TITLE 50—WAR AND NATIONAL DEFENSE § 3239 Statutory Notes and Related Subsidiaries INITIAL REPORT Pub. L. 116–92, div. E, title LV, § 5501(c), Dec. 20, 2019, 133 Stat. 2144, provided that: ‘‘The Director of the Na- tional Counterintelligence and Security Center shall submit to the congressional intelligence committees the first report under section 1108 of the National Secu- rity Act of 1947 [50 U.S.C. 3238], as added by subsection (a), by not later than 180 days after the date of the en- actment of this Act [Dec. 20, 2019].’’ [For definition of ‘‘congressional intelligence com- mittees’’ as used in section 5501(c) of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.] § 3239. Requirement to buy certain satellite com- ponent from American sources (a) Definitions In this section: (1) Covered element of the intelligence commu- nity The term ‘‘covered element of the intel- ligence community’’ means an element of the intelligence community that is not an element of the Department of Defense. (2) National security satellite The term ‘‘national security satellite’’ means a satellite weighing over 400 pounds whose principle purpose is to support the na- tional security or intelligence needs of the United States Government. (3) United States The term ‘‘United States’’ means the several States, the District of Columbia, and the terri- tories and possessions of the United States. (b) Requirement Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intel- ligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star track- er. (c) Exception The head of a covered element of the intel- ligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congres- sional intelligence committees that— (1) there is no available star tracker pro- duced in the United States that meets the mission and design requirements of the na- tional security satellite for which the star tracker will be used; (2) the cost of a star tracker produced in the United States is unreasonable, based on a mar- ket survey; or (3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need. (July 26, 1947, ch. 343, title XI, § 1109, as added Pub. L. 116–260, div. W, title III, § 308(a), Dec. 27, 2020, 134 Stat. 2368.) § 3240. Report on best practices to protect pri- vacy, civil liberties, and civil rights of Chi- nese Americans (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-Amer- ican 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 intel- ligence efforts by the People’s Republic of China; (4) the broad stereotyping, targeting, and ra- cial profiling of Americans of Chinese descent is contrary to the values of the United States and reinforces the flawed narrative perpet- uated 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 ac- tivities should actively safeguard and promote the constitutional rights of all Chinese Ameri- cans. (b) Report On an annual basis, the Director of National Intelligence, acting through the Office of Civil Liberties, Privacy, and Transparency, in coordi- nation with the civil liberties and privacy offi- cers of the elements of the intelligence commu- nity, 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 op- erations 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 pri- vacy, civil liberties, and civil rights of Ameri- cans of Chinese descent are sufficiently pro- tected. (c) Form The report under subsection (b) shall be sub- mitted in unclassified form, but may include a classified annex. (July 26, 1947, ch. 343, title XI, § 1110, formerly Pub. L. 116–92, div. E, title LVII, § 5712, Dec. 20, 2019, 133 Stat. 2171; renumbered § 1110 of act July 26, 1947, and amended Pub. L. 116–260, div. W, title VI, § 620(a), Dec. 27, 2020, 134 Stat. 2401.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260, § 620(a)(4)(A), substituted ‘‘, civil liberties, and civil rights’’ for ‘‘and civil lib- erties’’ 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