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10 U.S.C. § 394 — Authorities concerning military cyber operations

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 394 — Authorities concerning military cyber operations

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Source location: Title 10, Chapter 19, § 394; chapter-019-cyber-and-information-operations-matters.md

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**(a) In General.—** The Secretary of Defense shall develop, prepare, and coordinate; make ready all armed forces for purposes of; and, when appropriately authorized to do so, conduct, military cyber activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, to defend the United States and its allies, including in response to malicious cyber activity carried out against the United States or a United States person by a foreign power. **(b) Affirmation of Authority.—** Congress affirms that the activities or operations referred to in subsection (a), when appropriately authorized, include the conduct of military activities or operations in cyberspace short of hostilities (as such term is used in the War Powers Resolution (Public Law 93–148; [50 U.S.C. 1541](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1541&num=0&edition=prelim) et seq.)) or in areas in which hostilities are not occurring, including for the purpose of preparation of the environment, information operations, force protection, and deterrence of hostilities, or counterterrorism operations involving the Armed Forces of the United States. **(c) Clandestine Activities or Operations.—** A clandestine military activity or operation in cyberspace shall be considered a traditional military activity for the purposes of section 503(e)(2) of the National Security Act of 1947 ([50 U.S.C. 3093(e)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3093/e/2&num=0&edition=prelim)). **(d) Congressional Oversight.—** The Secretary shall brief the congressional defense committees about any military activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, occurring during the previous quarter during the quarterly briefing required by [section 484 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section484&num=0&edition=prelim). **(e) Rule of Construction.—** Nothing in this section may be construed to limit the authority of the Secretary to conduct military activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, to authorize specific military activities or operations, 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 reporting of sensitive military cyber activities or operations required by [section 395 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section395&num=0&edition=prelim). **(f) Definitions.—** In this section: (1) The term “clandestine military activity or operation in cyberspace” means a military activity or military operation carried out in cyberspace, or associated preparatory actions, authorized by the President or the Secretary that— (A) is marked by, held in, or conducted with secrecy, where the intent is that the activity or operation will not be apparent or acknowledged publicly; and (B) is to be carried out— (i) as part of a military operation plan approved by the President or the Secretary in anticipation of hostilities or as directed by the President or the Secretary; (ii) to deter, safeguard, or defend against attacks or malicious cyber activities against the United States or Department of Defense information, networks, systems, installations, facilities, or other assets; or (iii) in support of information related capabilities. (2) The term “foreign power” has the meaning given such term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ([50 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim)). (3) The term “United States person” has the meaning given such term in such section.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4201 — Major defense acquisition programs: definition; exceptions

**(a) Definition.—** Except as provided under subsection (b), in this part, the term “major defense acquisition program” means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and— (1) that is designated by the Secretary of Defense as a major defense acquisition program; or (2) in the case of a program that is not a program for the acquisition of an automated information system (either a product or a service), that is estimated by the Secretary of Defense to require— (A) an eventual total expenditure for research, development, test, and evaluation of more than $1,000,000,000 (based on fiscal year 2024 constant dollars); or (B) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $4,500,000,000 (based on fiscal year 2024 constant dollars). **(b) Exceptions.—** In this part, the term “major defense acquisition program” does not include the following: (1) An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3602&num=0&edition=prelim). (2) An acquisition program for a defense business system (as defined in [section 2222(i)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222/i/1&num=0&edition=prelim)) carried out using the acquisition guidance issued pursuant to section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; [10 U.S.C. 2223a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2223a&num=0&edition=prelim) note).11 See References in

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4201

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 484 — Quarterly cyber operations briefings

**(a) Briefings Required.—** The Under Secretary of Defense for Policy, the Commander of United States Cyber Command, and the Chairman of the Joint Chiefs of Staff, or designees from each of their offices, shall provide to the congressional defense committees quarterly briefings on all offensive and significant defensive military operations in cyberspace, including clandestine cyber activities, carried out by the Department of Defense during the immediately preceding quarter. **(b) Elements.—** Each briefing under subsection (a) shall include, with respect to the military operations in cyberspace described in such subsection, the following: (1) An update, set forth separately for each applicable geographic and functional command, that describes the operations carried out in the area of operations of that command or by that command. (2) An update, set forth for each applicable geographic and functional command, that describes defensive cyber operations executed to protect or defend forces, networks, and equipment in the area of operations of that command. (3) An update on relevant authorities and legal issues applicable to operations, including any presidential directives and delegations of authority received since the last quarterly update. (4) An overview of critical operational challenges posed by major adversaries or encountered in operational activities conducted since the last quarterly update. (5) An overview of the readiness of the Cyber Mission Forces to perform assigned missions that— (A) addresses all of the abilities of such Forces to conduct cyberspace operations based on capability and capacity of personnel, equipment, training, and equipment condition— (i) using both quantitative and qualitative metrics; and (ii) in a way that is common

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 484

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3003 — 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 National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating 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 emanating from the territory of, or sponsored by, a covered country, the following: (1) A detailed description of all activities relating to such threats undertaken by each element 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 explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities. (3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2). (4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution 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-intelligence community partners. (6) An assessment of foreign malign influence efforts relating to such threats, including any foreign

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3003

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 9401 — Veterans’ health initiative

**(a) Purposes** The purposes of this section are to advance Department of Energy expertise in artificial intelligence and high-performance computing in order to improve health outcomes for veteran populations by— (1) supporting basic research through the application of artificial intelligence, high-performance computing, modeling and simulation, machine learning, and large-scale data analytics to identify and solve outcome-defined challenges in the health sciences; (2) maximizing the impact of the Department of Veterans Affairs’ health and genomics data housed at the National Laboratories, as well as data from other sources, on science, innovation, and health care outcomes through the use and advancement of artificial intelligence and high-performance computing capabilities of the Department; (3) promoting collaborative research through the establishment of partnerships to improve data sharing between Federal agencies, National Laboratories, institutions of higher education, and nonprofit institutions; (4) establishing multiple scientific computing user facilities to house and provision available data to foster transformational outcomes; and (5) driving the development of technology to improve artificial intelligence, high-performance computing, and networking relevant to mission applications of the Department, including modeling, simulation, machine learning, and advanced data analytics. **(b) Veterans health research and development** (1) **In general** — The Secretary of Energy (in this section referred to as the “Secretary”) shall establish and carry out a research program in artificial intelligence and high-performance computing, focused on the development of tools to solve large-scale data analytics and management challenges associated with veteran’s healt

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9401

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1541 — Purpose and policy

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1541

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1801 — Definitions

As used in this subchapter: **(a)** “Foreign power” means— (1) a foreign government or any component thereof, whether or not recognized by the United States; (2) a faction of a foreign nation or nations, not substantially composed of United States persons; (3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments; (4) a group engaged in international terrorism or activities in preparation therefor; (5) a foreign-based political organization, not substantially composed of United States persons; (6) an entity that is directed and controlled by a foreign government or governments; or (7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction. **(b)** “Agent of a foreign power” means— (1) any person other than a United States person, who— (A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States; (B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities; (C) Omitted (D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or (E) engages in the international proliferation of weapons of mass destruction, or activities in prepa

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1801

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 395 — Notification requirements for sensitive military cyber operations

**(a) In General.—** Except as provided in subsection (d), the Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of any sensitive military cyber operation conducted under this title no later than 48 hours following such operation. **(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 sensitive military cyber operation covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the congressional defense committees are notified immediately of the sensitive military cyber operation concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notification a written notification, signed by the Secretary, or the Secretary’s designee, shall be provided by not later than 48 hours after the provision of the verbal notification. **(c) Sensitive Military Cyber Operation Defined.—** (1) In this section, the term “sensitive military cyber operation” means an action described in paragraph (2) that—

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 395

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2224 — Defense Information Assurance Program

**(a) Defense Information Assurance Program.—** The Secretary of Defense shall carry out a program, to be known as the “Defense Information Assurance Program”, to protect and defend Department of Defense information, information systems, and information networks that are critical to the Department and the armed forces during day-to-day operations and operations in times of crisis. **(b) Objectives of the Program.—** The objectives of the program shall be to provide continuously for the availability, integrity, authentication, confidentiality, nonrepudiation, and rapid restitution of information and information systems that are essential elements of the Defense Information Infrastructure. **(c) Program Strategy.—** In carrying out the program, the Secretary shall develop a program strategy that encompasses those actions necessary to assure the readiness, reliability, continuity, and integrity of Defense information systems, networks, and infrastructure, including through compliance with subchapter II of chapter 35 of title 44, including through compliance with subchapter III of chapter 35 of title 44. The program strategy shall include the following: (1) A vulnerability and threat assessment of elements of the defense and supporting nondefense information infrastructures that are essential to the operations of the Department and the armed forces. (2) Development of essential information assurances technologies and programs. (3) Organization of the Department, the armed forces, and supporting activities to defend against information warfare. (4) Joint activities of the Department with other departments and agencies of the Government, State and local agencies, and elements of the national information infrastructure. (5) The conduct of exercises, war games, simulatio

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2224

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 391b — Strategic cybersecurity program

**(a) In General.—** (1) There is a program to be known as the “Strategic Cybersecurity Program” (in this section referred to as the “Program”) to ensure the ability of the Department of Defense to conduct the most critical military missions of the Department. (2) The Secretary of Defense shall designate a principal staff assistant from within the Office of the Secretary of Defense whose office shall serve as the office of primary responsibility for the Program, and provide policy, direction, and oversight regarding the execution of the responsibilities of the program manager selected pursuant to subsection (c)(1). **(b) Membership.—** In addition to the office of primary responsibility for the Program under subsection (a)(2) and the program manager selected pursuant to subsection (c)(1), membership in the Program shall include the following: (1) The Vice Chairman of the Joint Chiefs of Staff. (2) The Commanders of the United States Cyber Command, United States European Command, United States Indo-Pacific Command, United States Northern Command, United States Strategic Command, United States Space Command, United States Transportation Command. (3) The Under Secretary of Defense for Acquisition and Sustainment. (4) The Under Secretary of Defense for Policy. (5) The Chief Information Officer of the Department of Defense. (6) The Chief Digital and Artificial Intelligence Officer of the Department of Defense. (7) The chief information officers of the military departments. (8) The Principal Cyber Advisor of the Department of Defense. (9) The Principal Cyber Advisors of the military departments. (10) Each senior official identified pursuant to subsection (i) of section 1647 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Sta

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 391b

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 1507 — Construction and preemption

**(a) Otherwise lawful disclosures** Nothing in this subchapter shall be construed— (1) to limit or prohibit otherwise lawful disclosures of communications, records, or other information, including reporting of known or suspected criminal activity, by a non-Federal entity to any other non-Federal entity or the Federal Government under this subchapter; or (2) to limit or prohibit otherwise lawful use of such disclosures by any Federal entity, even when such otherwise lawful disclosures duplicate or replicate disclosures made under this subchapter. **(b) Whistle blower protections** Nothing in this subchapter shall be construed to prohibit or limit the disclosure of information protected under [section 2302(b)(8) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/b/8&num=0&edition=prelim) (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats), [section 7211 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7211&num=0&edition=prelim) (governing disclosures to Congress), [section 1034 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1034&num=0&edition=prelim) (governing disclosure to Congress by members of the military), [section 3234 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3234&num=0&edition=prelim) (governing disclosure by employees of elements of the intelligence community), or any similar provision of Federal or State law. **(c) Protection of sources and methods** Nothing in this subchapter shall be construed— (1) as creating any immunity against, or otherwise affecting, any action brought by the Federal Government, or any agency or department thereof, to enforc

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 1507

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