United States Code

USC most recently checked for updates: Jun 21, 2024

§ 396.
Notification requirements for cyber weapons
In General.—
Except as provided in subsection (c), the Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of the following:
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.
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.
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.
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.
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.
The notification requirement under subsection (a) does not apply—
to a training exercise conducted with the consent of all nations where the intended effects of the exercise will occur; or
to a covert action (as that term is defined in section 503 of the National Security Act of 1947 (50 U.S.C. 3093)).
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 requirement under the National Security Act of 1947 (50 U.S.C. 3001 et seq.).
(Added Pub. L. 115–91, div. A, title XVI, § 1631(a), Dec. 12, 2017, 131 Stat. 1737, § 130k; renumbered § 396 and amended Pub. L. 115–232, div. A, title X, § 1081(a)(1), title XVI, § 1631(a), Aug. 13, 2018, 132 Stat. 1983, 2123.)
cite as: 10 USC 396