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

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

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

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Source location: Title 10, Chapter 19, § 395; chapter-019-cyber-and-information-operations-matters.md

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**(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— (A) is carried out by the armed forces of the United States; (B) is intended to achieve a cyber effect against a foreign terrorist organization or a country, including its armed forces and the proxy forces of that country located elsewhere— (i) with which the armed forces of the United States are not involved in hostilities (as that term is used in section 4 of the War Powers Resolution ([50 U.S.C. 1543](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1543&num=0&edition=prelim))); or (ii) with respect to which the involvement of the armed forces of the United States in hostilities has not been acknowledged publicly by the United States; and (C) (i) is determined to— (I) have a medium or high collateral effects 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 effects; 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 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))). **(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](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

50 U.S.C. § 1543 — Reporting requirement

**(a) Written report; time of submission; circumstances necessitating submission; information reported** In the absence of a declaration of war, in any case in which United States Armed Forces are introduced— (1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances; (2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or (3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation; the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth— (A) the circumstances necessitating the introduction of United States Armed Forces; (B) the constitutional and legislative authority under which such introduction took place; and (C) the estimated scope and duration of the hostilities or involvement. **(b) Other information reported** The President shall provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad. **(c) Periodic reports; semiannual requirement** Whenever United States Armed Forces are introduced into hostilities or into any situation described in subsection (a) of this section, the President shall, so long as such armed forces continue to be engaged in such hostilities or situation, report to the Congress periodically on the status of such hostilities or situation as well as on the scope and duration of such hostilities or situa

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50 U.S.C. § 3093 — Effective date

**(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.

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

50 U.S.C. § 3001 — Requirement to buy certain satellite component from American sources

**(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.

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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.

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

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

**(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, occurrin

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

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

Page 434 TITLE 10—ARMED FORCES § 395 and for deterrence in cyberspace, including the fol- lowing: ‘‘(A) An assessment of the need for further delega- tion of cyber-related authorities, including those germane to information warfare, to the Commander of United States Cyber Command. ‘‘(B) An evaluation of the adequacy of mission au- thorities for all cyber-related military components, defense agencies, directorates, centers, and com- mands. ‘‘(4) A review of the need for or for updates to a de- claratory policy relating to the responses of the United States to cyber attacks of significant con- sequence. ‘‘(5) A review of norms for the conduct of offensive cyber operations for deterrence and in crisis and con- flict. ‘‘(6) A review of a strategy to deter, degrade, or de- feat malicious cyber activity targeting the United States (which may include activities, capability de- velopment, and operations other than cyber activi- ties, cyber capability development, and cyber oper- ations), including— ‘‘(A) a review and assessment of various ap- proaches to competition and deterrence in cyber- space, determined in consultation with experts from Government, academia, and industry; ‘‘(B) a comparison of the strengths and weak- nesses of the approaches identified pursuant to sub- paragraph (A) relative to the threat of each other; and ‘‘(C) an assessment as to how the cyber strategy will inform country-specific campaign plans fo- cused on key leadership of Russia, China, Iran, North Korea, and any other country the Secretary considers appropriate. ‘‘(7) Identification of the steps that should be taken to bolster stability in cyberspace and, more broadly, stability between major powers, taking into ac- count— ‘‘(A) the analysis and gaming of escalation dy- namics

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

50 U.S.C. § 1541 — Purpose and policy

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

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

50 U.S.C. § 1543 — Reporting requirement

Page 138 TITLE 50—WAR AND NATIONAL DEFENSE § 1542 Armed Forces participation in the Multinational Force in Lebanon if circumstances warrant, and nothing in this joint resolution shall preclude the Congress by joint resolution from directing such a withdrawal. ‘‘(b) Nothing in this joint resolution modifies, limits, or supersedes any provision of the War Powers Resolu- tion [50 U.S.C. 1541 et seq.] or the requirement of sec- tion 4(a) of the Lebanon Emergency Assistance Act of 1983, relating to congressional authorization for any substantial expansion in the number or role of United States Armed Forces in Lebanon. ‘‘CONGRESSIONAL PRIORITY PROCEDURES FOR AMENDMENTS ‘‘SEC. 8. (a) Any joint resolution or bill introduced to amend or repeal this Act shall be referred to the Com- mittee on Foreign Affairs of the House of Representa- tives or the Committee on Foreign Relations of the Senate, as the case may be. Such joint resolution or bill shall be considered by such committee within fif- teen calendar days and may be reported out, together with its recommendations, unless such House shall oth- erwise determine pursuant to its rules. ‘‘(b) Any joint resolution or bill so reported shall be- come the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the oppo- nents) and shall be voted on within three calendar days thereafter, unless such House shall otherwise deter- mine by the yeas and nays. ‘‘(c) Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out by such committee together with its recommendations within fifteen calendar days and shall thereupon be- come the pe

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

50 U.S.C. § 3001 — Short title

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

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

50 U.S.C. § 3093 — Presidential approval and reporting of

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

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