§396 — Title 10 Armed Forces | U.S. Code

Summary

Requires the Secretary of Defense to tell the congressional defense committees in writing about cyber tools meant to be used as weapons. Every quarter, the Secretary must send the combined results of all reviews done under Department of Defense Directive 5000.01 about whether those tools comply with international law. If a military department approves using such a cyber tool as a weapon under international law and it is used, the Secretary must notify the committees within 48 hours. The Secretary must give the committees written procedures for these notices and warn them at least 14 days before changing the procedures. The committees must protect any classified information they get. If a cyber capability is leaked, the Secretary must notify the committees right away and provide a written notice within 48 hours if the first notice was verbal. Notices are not required for training exercises agreed to by all nations involved or for covert action as defined in section 503 of the National Security Act of 1947 (50 U.S.C. 3093). This does not create new authority or change 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 requirements under the National Security Act of 1947 (50 U.S.C. 3001 et seq.).

Title 10, §396

Armed Forces — Source: USLM XML via OLRC

(a)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)(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)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)).

(d)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 requirement under the National Security Act of 1947 (50 U.S.C. 3001 et seq.).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The War Powers Resolution, referred to in subsec. (d), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is classified 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. The Authorization for Use of Military Force, referred to in subsec. (d), is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, which is set out as a note under section 1541 of Title 50, War and National Defense. The National Security Act of 1947, referred to in subsec. (d), 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 complete classification of this Act to the Code, see Tables.

Amendments

2018—Pub. L. 115–232, § 1631(a), renumbered section 130k of this title as this section. Subsec. (c)(2). Pub. L. 115–232, § 1081(a)(1), substituted “section 503 of the National Security Act of 1947 (50 U.S.C. 3093)” for “section 3093 of title 50, United States Code”.

§396 Notification requirements for cyber weapons