To amend title 10, United States Code, to require congressional notification concerning sensitive military cyber operations and cyber weapons, and for other purposes.

To amend title 10, United States Code, to require congressional notification concerning sensitive military cyber operations and cyber weapons, and for other purposes. 1. Notification requirements for sensitive military cyber operations and cyber weapons (a) Notification Chapter 3 130j. Notification requirements for sensitive military cyber operations (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 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 (A) is carried out by the armed forces or by a foreign partner in coordination with the armed forces; and (B) is intended to cause effects outside a geographic location where United States armed forces are involved in hostilities (as that term is used in section 1543 of title 50, United States Code). (2) The actions described in this paragraph are the following: (A) An offensive cyber operation. (B) A defensive cyber operation outside the Department of Defense Information Networks to defeat an ongoing or imminent threat. (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 3093 of title 50, United States Code). (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 Public Law 107–40 50 U.S.C. 1541 50 U.S.C. 3001 130k. Notification requirements for cyber weapons (a) 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: (1) With respect to a cyber capability that is intended for use as a weapon, the results of any review of the capability for legality under international law pursuant to Department of Defense Directive 5000.01 no later than 48 hours after any military department concerned has completed such review. (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) 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 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) 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 3093 of title 50, United States Code). (d) 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 Public Law 107–40 50 U.S.C. 1541 50 U.S.C. 3001 . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new items: 130j. Notification requirements for sensitive military cyber operations. 130k. Notification requirements for cyber weapons. .

Summary: This bill instructs the Department of Defense (DOD) to notify the congressional defense committees within 48 hours after any sensitive military cyber operation has been conducted. A sensitive military cyber operation is an offensive cyber operation or a defensive cyber operation outside DOD's information networks to defeat an ongoing or imminent threat that: (1) is carried out by the U.S. Armed Forces or by a foreign partner in coordination with them, and (2) is intended to cause effects outside of a geographic location where the Armed Forces are involved in hostilities. DOD must also notify such committees within 48 hours after: (1) the completion of any review of the legality under international law of a cyber capability that is intended for use as a weapon; and (2) the use as a weapon of any cyber capability that has been approved under international law. Such notification requirements shall not apply to: (1) a training exercise conducted with the consent of all of the nations where its intended effects will occur, or (2) a covert action.