10 U.S.C. § 130f — Notification requirements for sensitive

Page 169 TITLE 10—ARMED FORCES § 130f (e) DEFINITION.—In this section, the term ‘‘De- partment of Defense critical infrastructure secu- rity information’’ means sensitive but unclassi- fied information that, if disclosed, would reveal vulnerabilities in Department of Defense crit- ical infrastructure that, if exploited, would like- ly result in the significant disruption, destruc- tion, or damage of or to Department of Defense operations, property, or facilities, including in- formation regarding the securing and safe- guarding of explosives, hazardous chemicals, or pipelines, related to critical infrastructure or protected systems owned or operated by or on behalf of the Department of Defense, including vulnerability assessments prepared by or on be- half of the Department of Defense, explosives safety information (including storage and han- dling), and other site-specific information on or relating to installation security. (Added Pub. L. 112–81, div. A, title X, § 1091(a), Dec. 31, 2011, 125 Stat. 1604; amended Pub. L. 114–92, div. A, title X, § 1081(a)(2), Nov. 25, 2015, 129 Stat. 1000; Pub. L. 114–328, div. A, title XVI, § 1662(b), Dec. 23, 2016, 130 Stat. 2614; Pub. L. 118–31, div. A, title IX, § 901(e)(1), Dec. 22, 2023, 137 Stat. 355.) Editorial Notes AMENDMENTS 2023—Subsecs. (d) to (f). Pub. L. 118–31 redesignated subsecs. (e) and (f) as (d) and (e), respectively; struck out ‘‘, or the Secretary’s designee,’’ after ‘‘of the Sec- retary’’ and ‘‘, through the Office of the Director of Ad- ministration and Management’’ after ‘‘upon request’’ in subsec. (d) as redesignated; and struck out former sub- sec. (d). Prior to amendment, text of subsec. (d) read as follows: ‘‘The Secretary of Defense may delegate the authority to make a determination under subsection (a) to the Director of Administration and Manage- ment.’’ 2016—Subsecs. (b), (c), (f). Pub. L. 114–328 added sub- secs. (b) and (c), redesignated former subsec. (c) as (f), and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: ‘‘Department of De- fense critical infrastructure security information cov- ered by a written determination under subsection (a) that is provided to a State or local government shall remain under the control of the Department of De- fense.’’ 2015—Pub. L. 114–92 substituted ‘‘Treatment under Freedom of Information Act of certain critical infra- structure security information’’ for ‘‘Treatment under Freedom of Information Act of critical infrastructure security information’’ in section catchline. § 130f. Notification requirements for sensitive military operations (a) IN GENERAL.—The Secretary of Defense shall promptly submit to the congressional de- fense committees notice in writing of any sen- sitive military operation conducted under this title no later than 48 hours following such oper- ation. (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) con- sistent with the national security of the United States and the protection of operational integ- rity. 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 infor- mation that is submitted to the committees pursuant to this section. (3) In the event of an unauthorized disclosure of a sensitive military operation covered by this section, the Secretary shall ensure, to the max- imum extent practicable, that the congressional defense committees are notified immediately of the sensitive military operation concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notifica- tion a written notification shall be provided by not later than 48 hours after the provision of the verbal notification. (c) BRIEFING REQUIREMENT.—The Secretary of Defense shall periodically brief the congres- sional defense committees on Department of De- fense personnel and equipment assigned to sen- sitive military operations, including Depart- ment of Defense support to such operations con- ducted under the National Security Act of 1947 (50 U.S.C. 3001 et seq.). (d) SENSITIVE MILITARY OPERATION DEFINED.— In this section, the term ‘‘sensitive military op- eration’’ means— (1) a lethal operation or capture operation conducted by the armed forces or conducted by a foreign partner in coordination with the armed forces that targets a specific individual or individuals; (2) an operation conducted by the armed forces in self-defense or in defense of foreign partners, including during a cooperative oper- ation; or (3) an operation conducted by the armed forces to free an individual from the control of hostile foreign forces. (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.). (f) COLLECTIVE SELF-DEFENSE NOTIFICATION RE- QUIREMENT.—Not later than 48 hours after the date on which a foreign partner force has been designated as eligible for the provision of collec- tive self-defense by the armed forces for the pur- poses of subsection (d)(1)(B), the Secretary of Defense shall provide to the congressional de- fense committees notice in writing of such des- ignation. (Added Pub. L. 113–66, div. A, title X, § 1041(a)(1), Dec. 26, 2013, 127 Stat. 856; amended Pub. L. 114–92, div. A, title X, § 1043, Nov. 25, 2015, 129 Stat. 977; Pub. L. 114–328, div. A, title X, § 1036(a)–(f)(1), Dec. 23, 2016, 130 Stat. 2391, 2392; Pub. L. 115–91, div. A, title X, § 1081(a)(6), Dec. 12, 2017, 131 Stat. 1594; Pub. L. 115–232, div. A, title X, § 1031(a), (b), Aug. 13, 2018, 132 Stat. 1953; Pub. L. 117–81, div. A, title X, § 1042, Dec. 27, 2021, 135 Stat. 1903.) Page 170 TITLE 10—ARMED FORCES § 130f Editorial Notes REFERENCES IN TEXT The National Security Act of 1947, referred to in sub- secs. (c) and (e), is act July 26, 1947, ch. 343, 61 Stat. 495, which is classified principally to chapter 44 (§ 3001 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Tables. The War Powers Resolution, referred to in subsec. (e), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is clas- sified generally to chapter 33 (§ 1541 et seq.) of Title 50, War and National Defense. For complete classification of this Resolution to the Code, see Short Title note set out under section 1541 of Title 50 and Tables. AMENDMENTS 2021—Subsec. (d). Pub. L. 117–81, § 1042(1)–(3), sub- stituted ‘‘In’’ for ‘‘(1) Except as provided in paragraph (2), in’’, redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, and struck out former par. (2) which read as follows: ‘‘For purposes of this section, the term ‘sensitive military operation’ does not include any operation conducted within Afghanistan, Syria, or Iraq.’’ Subsec. (d)(3). Pub. L. 117–81, § 1042(4)–(6), added par. (3). 2018—Subsec. (d). Pub. L. 115–232, § 1031(a), amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘The term ‘sensitive military operation’ means the following: ‘‘(1) A lethal operation or capture operation— ‘‘(A) conducted by the armed forces outside a de- clared theater of active armed conflict; or ‘‘(B) conducted by a foreign partner in coordina- tion with the armed forces that targets a specific individual or individuals. ‘‘(2) An operation conducted by the armed forces outside a declared theater of active armed conflict in self-defense or in defense of foreign partners, includ- ing during a cooperative operation.’’ Subsec. (f). Pub. L. 115–232, § 1031(b), added subsec. (f). 2017—Subsec. (b)(1). Pub. L. 115–91 inserted period at end. 2016—Pub. L. 114–328, § 1036(f)(1), amended section catchline generally, substituting ‘‘Notification require- ments for sensitive military operations’’ for ‘‘Congres- sional notification of sensitive military operations’’. Subsec. (a). Pub. L. 114–328, § 1036(a), (c)(1), inserted ‘‘no later than 48 hours’’ before ‘‘following such oper- ation’’ and struck out at end ‘‘Department of Defense support to operations conducted under the National Se- curity Act of 1947 (50 U.S.C. 3001 et seq.) is addressed in the classified annex prepared to accompany the Na- tional Defense Authorization Act for Fiscal Year 2014.’’ Subsec. (b)(1). Pub. L. 114–328, § 1036(b)(1), inserted at end ‘‘The Secretary shall promptly notify the congres- sional defense committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes’’. Subsec. (b)(3). Pub. L. 114–328, § 1036(b)(2), added par. (3). Subsec. (c). Pub. L. 114–328, § 1036(c)(2), inserted before period at end ‘‘, including Department of Defense sup- port to such operations conducted under the National Security Act of 1947 (50 U.S.C. 3001 et seq.)’’. Subsec. (d). Pub. L. 114–328, § 1036(d), substituted ‘‘means the following:’’ and pars. (1) and (2) for ‘‘means a lethal operation or capture operation conducted by the armed forces outside the United States and outside a theater of major hostilities pursuant to— ‘‘(1) the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note); or ‘‘(2) any other authority except— ‘‘(A) a declaration of war; or ‘‘(B) a specific statutory authorization for the use of force other than the authorization referred to in paragraph (1).’’ Subsecs. (e), (f). Pub. L. 114–328, § 1036(e), redesignated subsec. (f) as (e) and struck out former subsec. (e) which provided exception to notification requirement. 2015—Subsec. (e). Pub. L. 114–92 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 113–66, div. A, title X, § 1041(b), Dec. 26, 2013, 127 Stat. 857, provided that: ‘‘Section 130f of title 10, United States Code, as added by subsection (a), shall apply with respect to any sensitive military operation (as defined in subsection (d) of such section) executed on or after the date of the enactment of this Act [Dec. 26, 2013].’’ COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON COLLECTIVE SELF-DEFENSE Pub. L. 116–92, div. A, title XVII, § 1754, Dec. 20, 2019, 133 Stat. 1853, provided that: ‘‘(a) COMPREHENSIVE POLICY REQUIRED.—The Sec- retary of Defense shall prescribe a comprehensive writ- ten policy for the Department of Defense on the issuance of authorization for, and the provision by members and units of the United States Armed Forces of, collective self-defense to designated foreign nation- als, their facilities, and their property. ‘‘(b) ELEMENTS.—The policy required by subsection (a) shall address the following: ‘‘(1) Each basis under domestic and international law pursuant to which a member or unit of the United States Armed Forces has been or may be au- thorized to provide collective self-defense to des- ignated foreign nationals, their facilities, or their property under each circumstance as follows: ‘‘(A) Inside an area of active hostilities, or in a country or territory in which United States forces are authorized to conduct or support direct action operations. ‘‘(B) Outside an area of active hostilities, or in a country or territory in which United States forces are not authorized to conduct direct action mili- tary operations. ‘‘(C) When United States personnel, facilities, or equipment are not threatened, including both as de- scribed in subparagraph (A) and as described in sub- paragraph (B). ‘‘(D) When members of the United States Armed Forces are not participating in a military operation as part of an international coalition. ‘‘(E) Any other circumstance not encompassed by subparagraphs (A) through (D) in which a member or unit of the United States Armed Forces has been or may be authorized to provide such collective self-defense. ‘‘(2) A list and explanation of any limitations im- posed by law or policy on the provision of collective self-defense to designated foreign nationals, their fa- cilities, and their property under any of the bases in domestic or international law in the circumstances enumerated in paragraph (1), and the conditions under which any such limitation applies. ‘‘(3) The procedure by which a proposal that any member or unit of the United States Armed Forces provide collective self-defense in support of des- ignated foreign nationals, their facilities, and their property is to be submitted, processed, and endorsed through offices, officers, and officials of the Depart- ment to the applicable approval authority for final decision, and a list of any information, advice, or opinion to be included with such proposal in order to inform appropriate action on such proposal by such approval authority. ‘‘(4) The title and duty position of any officers and officials of the Department empowered to render a final decision on a proposal described in paragraph (3), and the conditions applicable to, and limitations on, the exercise of such decisionmaking authority by each such officer or official. ‘‘(5) A description of the Rules of Engagement ap- plicable to the provision of collective self-defense to Page 171 TITLE 10—ARMED FORCES § 130i designated foreign nationals, their facilities, and their property under any of the bases in domestic or international law in the circumstances enumerated in paragraph (1), and the conditions under which any such Rules of Engagement would be modified. ‘‘(6) A description of the process through which pol- icy guidance pertaining to the authorization for, and the provision by members of the United States Armed Forces of, collective self-defense to designated for- eign nationals, their facilities, and their property is to be disseminated to the level of tactical execution. ‘‘(7) Such other matters as the Secretary considers appropriate. ‘‘(c) REPORT ON POLICY.— ‘‘(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Ap- propriations of the Senate and the House of Rep- resentatives] a report setting forth the policy re- quired by subsection (a). ‘‘(2) DOD GENERAL COUNSEL STATEMENT.—The Sec- retary shall include in the report under paragraph (1) a statement by the General Counsel of the Depart- ment of Defense as to whether the policy prescribed pursuant to subsection (a) is consistent with domes- tic and international law. ‘‘(3) FORM.—The report required by paragraph (1) may be submitted in classified form. ‘‘(d) BRIEFING ON POLICY.—Not later than 30 days after the date of the submittal of the report required by subsection (c), the Secretary shall provide the congres- sional defense committees a classified briefing on the policy prescribed pursuant to subsection (a). The brief- ing shall make use of vignettes designated to illustrate real world application of the policy in each [of] the cir- cumstances enumerated in subsection (b)(1).’’ DEADLINE FOR SUBMITTAL OF PROCEDURES Pub. L. 113–66, div. A, title X, § 1041(c), Dec. 26, 2013, 127 Stat. 857, provided that: ‘‘The Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the pro- cedures required under section 130f(b) of title 10, United States Code, as added by subsection (a), by not later than 60 days after the date of the enactment of this Act [Dec. 26, 2013].’’ [§ 130g. Renumbered § 394] [§ 130h. Repealed. Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199] Section, added Pub. L. 114–92, div. A, title XVI, § 1671(a)(1), Nov. 25, 2015, 129 Stat. 1129; amended Pub. L. 114–328, div. A, title X, § 1081(a)(1), title XVI, § 1682(a)(1), (b), Dec. 23, 2016, 130 Stat. 2417, 2623, 2624; Pub. L. 115–232, div. A, title XVI, § 1678, Aug. 13, 2018, 132 Stat. 2161; Pub. L. 116–283, div. A, title XVI, § 1642, Jan. 1, 2021, 134 Stat. 4062; Pub. L. 117–263, div. A, title XVI, § 1653, Dec. 23, 2022, 136 Stat. 2949, prohibited the De- partment of Defense from using appropriated funds to provide the Russian Federation with ‘‘hit-to-kill’’ tech- nology and telemetry data for missile defense intercep- tors or target vehicles and other sensitive missile de- fense information. See section 5551 of this title. § 130i. Protection of certain facilities and assets from unmanned aircraft (a) AUTHORITY.—Notwithstanding section 46502 of title 49, or any provision of title 18, the Sec- retary of Defense may take, and may authorize members of the armed forces and officers and ci- vilian employees of the Department of Defense with assigned duties that include safety, secu- rity, or protection of personnel, facilities, or as- sets, to take, such actions described in sub- section (b)(1) that are necessary to mitigate the threat (as defined by the Secretary of Defense, in consultation with the Secretary of Transpor- tation) that an unmanned aircraft system or un- manned aircraft poses to the safety or security of a covered facility or asset. (b) ACTIONS DESCRIBED.—(1) The actions de- scribed in this paragraph are the following: (A) Detect, identify, monitor, and track the unmanned aircraft system or unmanned air- craft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned air- craft. (B) Warn the operator of the unmanned air- craft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electro- magnetic means. (C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by inter- cepting, interfering, or causing interference with wire, oral, electronic, or radio commu- nications used to control the unmanned air- craft system or unmanned aircraft. (D) Seize or exercise control of the un- manned aircraft system or unmanned aircraft. (E) Seize or otherwise confiscate the un- manned aircraft system or unmanned aircraft. (F) Use reasonable force to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft. (2) The Secretary of Defense shall develop the actions described in paragraph (1) in coordina- tion with the Secretary of Transportation. (c) FORFEITURE.—Any unmanned aircraft sys- tem or unmanned aircraft described in sub- section (a) that is seized by the Secretary of De- fense is subject to forfeiture to the United States. (d) REGULATIONS AND GUIDANCE.—(1) The Sec- retary of Defense and the Secretary of Transpor- tation may prescribe regulations and shall issue guidance in the respective areas of each Sec- retary to carry out this section. (2)(A) The Secretary of Defense and the Sec- retary of Transportation shall coordinate in the development of guidance under paragraph (1). (B) The Secretary of Defense shall coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Adminis- tration before issuing any guidance or otherwise implementing this section if such guidance or implementation might affect aviation safety, ci- vilian aviation and aerospace operations, air- craft airworthiness, or the use of airspace. (e) PRIVACY PROTECTION.—The regulations pre- scribed or guidance issued under subsection (d) shall ensure that— (1) the interception or acquisition of, or ac- cess to, communications to or from an un- manned aircraft system under this section is conducted in a manner consistent with the fourth amendment to the Constitution and ap- plicable provisions of Federal law; (2) communications to or from an unmanned aircraft system are intercepted, acquired, or