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10 U.S.C. § 396 — Notification requirements for cyber weapons
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsection (c), the Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of the following:
(1) With respect to a cyber capability that is intended for use as a weapon, on a quarterly basis, the aggregated results of all reviews of the capability for legality under international law pursuant to Department of Defense Directive 5000.01 carried out by any military department concerned.
(2) The use as a weapon of any cyber capability that has been approved for such use under international law by a military department no later than 48 hours following such use.
**(b) Procedures.—**
(1) The Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify the congressional defense committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes.
(2) The congressional defense committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section.
(3) In the event of an unauthorized disclosure of a cyber capability covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the congressional defense committees are notified immediately of the cyber capability concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notification a writ
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Source location: Title 10, Chapter 19, § 396; chapter-019-cyber-and-information-operations-matters.md
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**(a) In General.—** Except as provided in subsection (c), the Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of the following:
(1) With respect to a cyber capability that is intended for use as a weapon, on a quarterly basis, the aggregated results of all reviews of the capability for legality under international law pursuant to Department of Defense Directive 5000.01 carried out by any military department concerned.
(2) The use as a weapon of any cyber capability that has been approved for such use under international law by a military department no later than 48 hours following such use.
**(b) Procedures.—**
(1) The Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify the congressional defense committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes.
(2) The congressional defense committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section.
(3) In the event of an unauthorized disclosure of a cyber capability covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the congressional defense committees are notified immediately of the cyber capability concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notification a written notification shall be provided by not later than 48 hours after the provision of the verbal notification.
**(c) Exceptions.—** The notification requirement under subsection (a) does not apply—
(1) to a training exercise conducted with the consent of all nations where the intended effects of the exercise will occur; or
(2) to a covert action (as that term is defined in section 503 of the National Security Act of 1947 ([50 U.S.C. 3093](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3093&num=0&edition=prelim))).
**(d) Rule of Construction.—** Nothing in this section shall be construed to provide any new authority or to alter or otherwise affect the War Powers Resolution ([50 U.S.C. 1541](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1541&num=0&edition=prelim) et seq.), the Authorization for Use of Military Force (Public Law 107–40; [50 U.S.C. 1541](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1541&num=0&edition=prelim) note), or any requirement under the National Security Act of 1947 ([50 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3001&num=0&edition=prelim) et seq.).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The first sentence of section 202(a),11 See References in Text note below. this section, and sections 3001, 3002, 3074, 3075, and 3076 of this title shall take effect July 26, 1947.
**(b)** Except as provided in subsection (a), the provisions of this chapter shall take effect on whichever of the following days is the earlier: The day after the day upon which the Secretary of Defense first appointed takes office, or the sixtieth day after July 26, 1947.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3093
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Covered element of the intelligence community** — The term “covered element of the intelligence 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 national 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 territories and possessions of the United States.
**(b) Requirement** Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence 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 tracker.
**(c) Exception** The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees that—
(1) there is no available star tracker produced in the United States that meets the mission and design requirements of the national 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 market survey; or
(3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional declaration** It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
**(b) Congressional legislative power under necessary and proper clause** Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
**(c) Presidential executive power as Commander-in-Chief; limitation** The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
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Federal law — U.S. Code and appendices · legal_authorities
Page 435
TITLE 10—ARMED FORCES
§ 396
(C)(i) is determined to—
(I) have a medium or high collateral ef-
fects estimate;
(II) have a medium or high intelligence
gain or loss;
(III) have a medium or high probability of
political retaliation, as determined by the
political
military
assessment
contained
within the associated concept of operations;
(IV) have a medium or high probability of
detection when detection is not intended; or
(V) result in medium or high collateral ef-
fects; or
(ii) is a matter the Secretary determines to
be appropriate.
(2) The actions described in this paragraph are
the following:
(A) An offensive cyber operation.
(B) A defensive cyber operation.
(d) EXCEPTIONS.—The notification requirement
under subsection (a) does not apply—
(1) to a training exercise conducted with the
consent of all nations where the intended ef-
fects of the exercise will occur; or
(2) to a covert action (as that term is defined
in section 503 of the National Security Act of
1947 (50 U.S.C. 3093)).
(e) RULE
OF CONSTRUCTION.—Nothing in this
section shall be construed to provide any new
authority or to alter or otherwise affect the War
Powers Resolution (50 U.S.C. 1541 et seq.), the
Authorization for Use of Military Force (Public
Law 107–40; 50 U.S.C. 1541 note), or any require-
ment under the National Security Act of 1947 (50
U.S.C. 3001 et seq.).
(Added Pub. L. 115–91, div. A, title XVI, § 1631(a),
Dec. 12, 2017, 131 Stat. 1736, § 130j; renumbered
§ 395 and amended Pub. L. 115–232, div. A, title X,
§ 1081(a)(1), title XVI, § 1631(a), Aug. 13, 2018, 132
Stat. 1983, 2123; Pub. L. 116–92, div. A, title XVI,
§ 1632, Dec. 20, 2019, 133 Stat. 1745; Pub. L. 116–283,
div. A, title XVII, § 1702, Jan. 1, 2021, 134 Stat.
4080.)
Editorial Notes
REFERENC
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 396
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Federal law — U.S. Code and appendices · legal_authorities
Page 130
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1528
‘‘(a) IN GENERAL.—The Secretary of Defense shall no-
tify the congressional defense committees [Committees
on Armed Services and Appropriations of the Senate
and the House of Representatives] within 7 days after
ceasing operations at any Department of Defense lab-
oratory or facility rated at biosafety level–3 or higher
for safety or security reasons.
‘‘(b) CONTENT.—The notification required under sub-
section (a) shall include—
‘‘(1) the reason why operations have ceased at the
laboratory or facility;
‘‘(2) whether appropriate notification to other Fed-
eral agencies has occurred;
‘‘(3) a description of the actions taken to determine
the root cause of the cessation; and
‘‘(4) a description of the actions taken to restore
operations at the laboratory or facility.’’
‘‘CONGRESSIONAL DEFENSE COMMITTEES’’ DEFINED
Congressional defense committees means the Com-
mittees on Armed Services and Appropriations of the
Senate and the House of Representatives, see section 3
of Pub. L. 114–328, 130 Stat. 2025. See note under section
101 of Title 10, Armed Forces.
§ 1528. Congressional notification of biological
select agent and toxin theft, loss, or release
involving the Department of Defense
(a) Notification
(1) Subject to paragraph (2), not later than 45
days after a covered report of any theft, loss, or
release of a biological select agent or toxin in-
volving the Department of Defense is filed with
the Centers for Disease Control and Prevention
or the Animal and Plant Health Inspection Serv-
ice, the Secretary of Defense, acting through the
Assistant Secretary of Defense for Nuclear De-
terrence, Chemical, and Biological Defense Pol-
icy and Programs, shall provide to the congres-
sional defense committees
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1541
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Federal law — U.S. Code and appendices · legal_authorities
Page 531
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3001
Sec.
3238.
Annual reports on influence operations and
campaigns in the United States by the Rus-
sian Federation.
3239.
Requirement to buy certain satellite compo-
nent from American sources.
3240.
Report on best practices to protect privacy,
civil liberties, and civil rights of Chinese
Americans.
3241.
Biennial reports on foreign biological threats.
3242.
Annual
reports
on
certain
cyber
vulnerabilities
procured
by
intelligence
community and foreign commercial pro-
viders of cyber vulnerabilities.
3243.
Periodic reports on technology strategy of in-
telligence community.
3244.
Annual report on reporting requirements.
Editorial Notes
CODIFICATION
Chapter is comprised of act July 26, 1947, ch. 343, 61
Stat. 495, the National Security Act of 1947, which was
formerly classified principally as part of chapter 15 of
this title, prior to editorial reclassification and renum-
bering as chapter 44 of this title. For complete classi-
fication of the National Security Act of 1947, see Ta-
bles.
§ 3001. Short title
This chapter may be cited as the ‘‘National
Security Act of 1947’’.
(July 26, 1947, ch. 343, § 1, 61 Stat. 495.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act July 26, 1947, ch. 343, 61 Stat.
495, known as the National Security Act of 1947, which
is classified principally to this chapter. For complete
classification of this Act to the Code, see Tables.
CODIFICATION
Section was formerly classified as a note under sec-
tion 401 of this title prior to editorial reclassification
as this section.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Pub. L. 108–458, title I, § 1081, Dec. 17, 2004, 118 Stat.
36
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
Page 668
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3093
2001—Pub. L. 107–108 designated existing provisions as
subsec. (a), inserted heading, and added subsecs. (b) and
(c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2004 AMENDMENT
For Determination by President that amendment by
Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo-
randum of President of the United States, Apr. 21, 2005,
70 F.R. 23925, set out as a note under section 3001 of this
title.
Amendment by Pub. L. 108–458 effective not later
than six months after Dec. 17, 2004, except as otherwise
expressly provided, see section 1097(a) of Pub. L.
108–458, set out in an Effective Date of 2004 Amendment;
Transition Provisions note under section 3001 of this
title.
FURNISHING OF INTELLIGENCE INFORMATION TO SENATE
AND HOUSE SELECT COMMITTEES ON INTELLIGENCE
Pub. L. 102–88, title IV, § 405, Aug. 14, 1991, 105 Stat.
434, provided that:
‘‘(a) FURNISHING
OF SPECIFIC INFORMATION.—In ac-
cordance with title V of the National Security Act of
1947 [50 U.S.C. 3091 et seq.], the head of any department
or agency of the United States involved in any intel-
ligence activities which may pertain to United States
military personnel listed as prisoner, missing, or unac-
counted for in military actions shall furnish any infor-
mation or documents in the possession, custody, or
control of the department or agency, or person paid by
such department or agency, whenever requested by the
Permanent Select Committee on Intelligence of the
House of Representatives or the Select Committee on
Intelligence of the Senate.
‘‘(b) ACCESS BY COMMITTEES AND MEMBERS OF CON-
GRESS.—In accordance with Senate Resolution 400,
Ninety-Fourth Congress, and House Resolution 658,
Ninety-Fifth Congress, the committee
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3093
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