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

Page 486 TITLE 10—ARMED FORCES § 484 (B) A list and description of anticipated basing decisions to be made regarding the lo- cation or relocation of a major head- quarters, covered military unit, or major weapon system over the period covered by the future-years defense plan. (C) A timeline for a congressional engage- ment plan to brief the Committees on Armed Services of the House of Representatives and the Senate during the decision-making proc- ess and when decision notifications would be provided to interested Members of Congress. (2) ELEMENTS OF REPORT.—To satisfy the re- quirements of paragraph (1)(B), a report under this subsection shall include at a minimum the following: (A) An estimate of the number of members of the armed forces and civilian personnel potentially impacted by the basing decision. (B) The locations to be considered, if al- ready known. (C) The expected timeline for beginning the decision-making process and reaching a final determination. (f) DEFINITIONS.—In this section: (1) The term ‘‘covered military unit’’ means a unit of the armed forces whose initial as- signment to a military installation or reloca- tion from a military installation to a different military installation requires the preparation of an environmental impact statement in ac- cordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) The term ‘‘major headquarters’’ means the headquarters of a military unit or com- mand that is the appropriate command of a general officer or flag officer. (3) The term ‘‘major weapon system’’ means a weapon system that is treatable as a major system under section 3041(a) and (b) of this title. (4) The term ‘‘military installation’’ means a base, camp, post, station, yard, center, homeport facility for any ship, or other activ- ity under the jurisdiction of the Department of Defense, including any leased facility. Such term does not include any facility used pri- marily for civil works, rivers and harbors projects, or flood control projects. (5) The term ‘‘Secretary concerned’’ means— (A) the Secretary of the military depart- ment concerned; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and the Joint Staff. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), div. B, title XXVIII, § 2871(b), Jan. 1, 2021, 134 Stat. 4294, 4363; Pub. L. 117–81, div. A, title X, § 1081(a)(10), Dec. 27, 2021, 135 Stat. 1920; Pub. L. 117–263, div. B, title XXVIII, § 2861, Dec. 23, 2022, 136 Stat. 3010; Pub. L. 118–159, div. B, title XXVIII, § 2801, Dec. 23, 2024, 138 Stat. 2247.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (f)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. PRIOR PROVISIONS A prior section 483, added Pub. L. 105–85, div. A, title III, § 323(a), Nov. 18, 1997, 111 Stat. 1675; amended Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [[div. A], title III, § 372], Oct. 30, 2000, 114 Stat. 1654, 1654A–80, related to reports on trans- fers from high-priority readiness appropriations, prior to repeal by Pub. L. 113–66, div. A, title X, § 1084(a)(1)(A), Dec. 26, 2013, 127 Stat. 871. AMENDMENTS 2024—Subsec. (f)(4). Pub. L. 118–159 struck out ‘‘, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Com- monwealth of the Northern Mariana Islands, or Guam’’ before period at end. 2022—Subsec. (c)(6). Pub. L. 117–263 added par. (6). 2021—Subsec. (f)(3). Pub. L. 117–81 inserted ‘‘this’’ be- fore ‘‘title’’. Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was re- designated by title XVIII of Pub. L. 116–283, as such sec- tion was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was executed by substituting ‘‘section 3041(a) and (b) of this title’’ for ‘‘section 2302(5) of title’’. Section 1806(c)(2) of Pub. L. 116–283 first redesignated section 2302(5) of this title as section 3041(a) and subsequently designated the third sentence thereof as subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1883(b)(2) of Pub. L. 116–283 ef- fective Jan. 1, 2022, with additional provisions for de- layed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. § 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 congres- sional 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 sub- section, the following: (1) An update, set forth separately for each applicable geographic and functional com- mand, 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 de- scribes defensive cyber operations executed to protect or defend forces, networks, and equip- ment in the area of operations of that com- mand. (3) An update on relevant authorities and legal issues applicable to operations, including Page 487 TITLE 10—ARMED FORCES § 485 any presidential directives and delegations of authority received since the last quarterly up- date. (4) An overview of critical operational chal- lenges posed by major adversaries or encoun- tered 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 per- sonnel, equipment, training, and equipment condition— (i) using both quantitative and quali- tative metrics; and (ii) in a way that is common to all mili- tary departments; and (B) is consistent with readiness reporting pursuant to section 482 of this title. (6) Any other matters that the briefers de- termine to be appropriate. (c) DOCUMENTS.—Each briefing under sub- section (a) shall include a classified placemat, summarizing the elements specified in para- graphs (1), (2), (3), and (5) of subsection (b), and an unclassified memorandum, summarizing the briefing’s contents. (Added Pub. L. 112–239, div. A, title IX, § 939(a), Jan. 2, 2013, 126 Stat. 1888; amended Pub. L. 115–91, div. A, title XVI, § 1632(a), Dec. 12, 2017, 131 Stat. 1738; Pub. L. 116–92, div. A, title XVI, § 1634(a), Dec. 20, 2019, 133 Stat. 1747; Pub. L. 116–283, div. A, title XVII, § 1703, Jan. 1, 2021, 134 Stat. 4081.) Editorial Notes PRIOR PROVISIONS A prior section 484, added Pub. L. 105–85, div. A, title III, § 324(a)(1), Nov. 18, 1997, 111 Stat. 1677, which related to annual report on aircraft inventory, was repealed by Pub. L. 112–81, div. A, title X, § 1061(6)(A), Dec. 31, 2011, 125 Stat. 1583. AMENDMENTS 2021—Subsecs. (a) to (c). Pub. L. 116–283 added subsecs. (a) to (c) and struck out former subsecs. (a) and (b) which related to required quarterly cyber operations briefings and their elements. 2019—Subsec. (b)(4), (5). Pub. L. 116–92 added par. (4) and redesignated former par. (4) as (5). 2017—Pub. L. 115–91 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘congres- sional defense committees’’ for ‘‘Committees on Armed Services of the House of Representatives and the Sen- ate’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–92, div. A, title XVI, § 1634(d), Dec. 20, 2019, 133 Stat. 1748, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect on the date that is 180 days after the date of the enactment of this Act [Dec. 20, 2019].’’ EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–91, div. A, title XVI, § 1632(b), Dec. 12, 2017, 131 Stat. 1738, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect on the date of the enactment of this Act [Dec. 12, 2017], and shall apply with respect to briefings required [to] be provided under section 484 of title 10, United States Code, on or after that date.’’ INITIAL BRIEFING Pub. L. 112–239, div. A, title IX, § 939(b), Jan. 2, 2013, 126 Stat. 1888, provided that: ‘‘The first briefing re- quired under section 484 of title 10, United States Code, as added by subsection (a), shall be provided not later than March 1, 2013.’’ § 485. Quarterly briefings on counterterrorism operations, irregular warfare, and sensitive activities (a) BRIEFINGS REQUIRED.—The Secretary of De- fense shall provide to the congressional defense committees quarterly briefings on counterterrorism operations and related activi- ties (including the use of military force under the notion of collective self-defense of foreign partners), irregular warfare activities, and other sensitive activities conducted by the Depart- ment of Defense. (b) ELEMENTS.—Each briefing under subsection (a) shall include each of the following: (1) A global update on activity within each geographic combatant command and how such activity supports the respective theater cam- paign plan. (2) An overview of authorities and legal issues, including limitations. (3) An overview of interagency activities and initiatives. (4) Any other matters the Secretary con- siders appropriate. (Added Pub. L. 113–66, div. A, title X, § 1042(a)(1), Dec. 26, 2013, 127 Stat. 857; amended Pub. L. 114–328, div. A, title X, § 1031(a), (b), Dec. 23, 2016, 130 Stat. 2389; Pub. L. 117–81, div. A, title X, § 1031, Dec. 27, 2021, 135 Stat. 1900; Pub. L. 118–159, div. A, title XII, § 1204(a), Dec. 23, 2024, 138 Stat. 2094.) Editorial Notes PRIOR PROVISIONS A prior section 485, added Pub. L. 105–261, div. A, title IX, § 923(b)(1), Oct. 17, 1998, 112 Stat. 2105; amended Pub. L. 106–65, div. A, title IX, § 931, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 726, 774; Pub. L. 107–107, div. A, title IX, § 922, Dec. 28, 2001, 115 Stat. 1198; Pub. L. 110–417, [div. A], title II, § 241(a), Oct. 14, 2008, 122 Stat. 4395, related to biennial reports on joint and service concept devel- opment and experimentation, prior to repeal by Pub. L. 112–81, div. A, title X, § 1061(7)(A), Dec. 31, 2011, 125 Stat. 1583. AMENDMENTS 2024—Pub. L. 118–159, § 1204(a)(1), substituted ‘‘Quar- terly briefings on counterterrorism operations, irreg- ular warfare, and sensitive activities’’ for ‘‘Monthly counterterrorism operations briefings’’ in section catchline. Subsec. (a). Pub. L. 118–159, § 1204(a)(2), amended sub- sec. (a) generally. Prior to amendment, text read as fol- lows: ‘‘The Secretary of Defense shall provide to the congressional defense committees monthly briefings outlining Department of Defense counterterrorism op- erations and related activities, including the use of military force under the notion of collective self-de- fense of foreign partners.’’ 2021—Subsec. (a). Pub. L. 117–81 inserted ‘‘, including the use of military force under the notion of collective self-defense of foreign partners’’ after ‘‘activities’’.