U.S. Department of Defense

## Overview

The United States **Department of Defense** (**DOD** or **DoD**) is the federal department charged with coordinating and supervising all agencies and functions of the government relating directly to national security and the military. The organization and functions of the DOD are set forth in Title 10 of the United States Code. Figure 1 is a simplified depiction of DOD's organizational structure.

The DOD has three major components — the Department of the Army, the Department of the Navy, and the Department of the Air Force. Among the many DOD agencies are the Defense Advanced Research Projects Agency (DARPA), the Defense Intelligence Agency (DIA), the National Geospatial-Intelligence Agency (NGA), and the National Security Agency (NSA).

The DOD provides health care to all U.S. military personnel worldwide through the Military Health System (MHS) and is supported by a robust EHR system.

## Cybersecurity

The DOD depends on 7 million computer devices, linked on over 10,000 networks with satellite gateways and commercial circuits that are composed of innumerable devices and components. The threat to DOD computer networks is thus substantial, and the potential for sabotage and destruction is present. While criminal organizations are a source of concern, foreign governments have more resources and more worrisome motivations. Cyber warfare is attractive to adversaries because it poses a significant threat at a low cost. An adversary does not need an expensive weapons program to conduct damaging attacks; a handful of programmers could cripple an entire information system. Moreover, it is also an attractive weapon to our adversaries because it is difficult to trace the origin of the attack and even more difficult to deter one. According to DOD, a large number of intelligence agencies and foreign militaries are actively trying to penetrate our military networks. These networks are scanned millions of times a day and probed thousands of times a day. Over the past several years, DOD has experienced damaging penetration to these networks.

The DoD plays a key role in defending U.S. interests in cyberspace. Various Defense Department directives provide guidance and define terms such as Information Operations and Information Assurance. For instance, the Joint Doctrine for Information Operations (Joint Pub 3-13, October 9, 1998), is a key document in defining how U.S. joint forces use cyberwarfare to support U.S. military strategy. But much of what the military does in cyberspace today is an outgrowth of traditional views and approaches toward ensuring information security (InfoSec).

The military has been further guided by Joint Vision 2010 (JV-2010), a broad long-term strategic concept for joint military strategy and planning purposes promulgated by the Joint Chiefs of Staff (JCS). JV-2010 embraced information superiority and technological advantages designed to transform traditional warfighting. Its successor, Joint Vision 2020 (JV-2020) (released May 30, 2000), extends the conceptual template established by JV-2010 to guide the continuing transformation of U.S. military forces. Among other things, JV-2020 states:

Also, the Quadrennial Defense Review (QDR) stated that asymmetric forms of warfare, such as information warfare, will become increasingly prevalent in the world, adding:

win major theater wars under such conditions.

DOD is responsible for protecting and defending its networks, including independently establishing bilateral relationships with foreign military and other international partners to share computer vulnerability data and coordinate activities and operations. As a federal department with cyber expertise, DOD is included by HSPD-7 among the departments that are to collaborate with DHS to secure cyberspace. Under these authorities, multiple subcomponents within the department are responsible for cyberspace activities related to strategy, policy, plans, and operations.

DOD’s cyberspace operations encompass both defensive and offensive activities, for which the primary purpose is to achieve military objectives or effects in or through cyberspace. Defensive Cyberspace Operations are categorized as computer network defense, which consists of actions taken to protect, monitor, analyze, detect, and respond to unauthorized activity within DOD information systems and computer networks. Offensive Cyberspace Operations are comprised of two functions: information gathering (or computer network exploitation) and computer network attack.

### Office of the Assistant Secretary of Defense for Global Strategic Affairs

The Office of the Assistant Secretary of Defense for Global Strategic
 Affairs (OASD (GSA)) is the primary policy organization within DOD responsible for formulating the department’s international cyberspace policies. The OASD (GSA):

#### OASDGSA Facts

* Develops DOD strategy for international cyberspace engagement and coordinates intra-agency cyber activities for the Secretary and Deputy Secretary of Defense.
* Supports NATO cyberspace policy development.
* Participates in ITU-T and ITU-D study group efforts (cybersecurity standards, national best-practices guidelines, tools to promote a culture of cybersecurity, and cybersecurity self-assessment tools) as a member of U.S. delegations.
* Participates in UN General Assembly proceedings as subject matter expert in U.S. delegations.
* Participates in an intra-agency working group related to ICANN.
* Develops bilateral and multilateral agreements regarding military cooperation for cyberspace operations.
* Provides policy guidance to other U.S. agencies participating in international efforts via the International Sub-IPC.

### Office of the Assistant Secretary of Defense for Networks and Information Integration/DOD Chief Information Officer

The Office of the Assistant Secretary of Defense for Networks and Information Integration/DOD Chief Information Officer (OASD(NII)/DOD CIO) is to develop and coordinate information-sharing relationships with international military partners to support computer network defense operations. The Joint Staff J-5 is responsible for translating national policy into joint doctrine for DOD’s combatant commands and represents the Joint Chiefs of Staff (JCS) at the ICI-IPC. The OASD(NII)/DOD CIO:

* Leads the International Information Assurance Program (IIAP), which develops and manages cyber-related bilateral and multilateral data sharing relationships with foreign military partners.
* Represents the United States at the NATO C3 Board that approves the NATO Cyber Defense Policy and directs policy implementation via the Cyber Defense Management Board.
* Sponsors the biannual International Cyber Defense Workshop (ICDW), which provides [technical security]] training to military and civilian information assurance specialists and computer security practitioners on topics including computer network defense, response and analysis, and computing forensics.
* Provides technical expertise and guidance to other U.S. agencies participating in international efforts via the International Sub-IPC.

## Overview

The **U.S. Army** is the main branch of the U.S. Armed Forces. It is responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services.

## Overview

The **U.S. Navy** (**USN**) is the naval warfare service branch of the U.S. Armed Forces and one of the seven uniformed services of the United States.

## Overview

**Fleet Cyber Command** (**FLTCYBERCOM**) serves as central operational authority for networks, cryptologic/signals intelligence, information operations, cyber, electronic warfare, and space capabilities in support of forces afloat and ashore; to direct Navy cyberspace operations globally to deter and defeat aggression and to ensure freedom of action to achieve military objectives in and through cyberspace; to organize and direct Navy cryptologic operations worldwide and support information operations and space planning and operations, as directed; to execute cyber missions as directed; to direct, operate, maintain, secure, and defend the Navy's portion of the Global Information Grid; to deliver integrated cyber, information operations, cryptologic, and space capabilities; to deliver a global Navy cyber common operational picture; to develop, coordinate, assess, and prioritize Navy cyber, cryptologic/signals intelligence, space, information operations, and electronic warfare requirements; to assess Navy cyber readiness; to manage man, train, and equip functions associated with Navy Component Commander and Service Cryptologic Commander responsibilities; and to exercise administrative and operational control of assigned forces.

## Introduction

The **United States Congress** is the legislature of the federal government of the United States. It is bicameral, consisting of the Senate and the House of Representatives. The House of Representatives has 435 voting members, with each member representing a congressional district and serving a two-year term. House seats are apportioned among the states on the basis of population. American Samoa, the District of Columbia, Guam, and the United States Virgin Islands send non-voting delegates to the House; Puerto Rico sends a non-voting Resident Commissioner who serves a four-year term; and the Northern Mariana Islands are not represented. The Senate has 100 members serving staggered six-year terms. Each state has two senators, regardless of population. Every two years, approximately one-third of the Senate is elected. Both senators and representatives are chosen through direct election.

The U.S. Constitution vests all legislative power to and in the Congress. While the House and Senate are generally equal partners in the legislative process (legislation cannot be enacted without the consent of both chambers), the Constitution grants each chamber unique powers unavailable to the other. Article II of the Constitution gives the President "Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of
 the Senate, shall appoint Ambassadors, other public Ministers and
Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." Bills for raising revenue must originate in the House of Representatives, which also has the sole power of impeachment of federal officers, while the Senate has the sole power to try cases in which the House has voted an impeachment.

The Congress meets in the U.S. Capitol in Washington, D.C. The term *Congress* may also refer to a particular meeting of the Congress, reckoned according to the terms of representatives. That is, a "Congress" covers two years with the first year called the First Session and the second year called the Second Session.

## Powers

Article I of the Constitution sets forth most of the powers of Congress, which include numerous explicit powers enumerated in Section 8. Constitutional amendments have granted Congress additional powers. Congress also has implied powers derived from the necessary-and-proper clause of the Constitution.

Congress has authority over financial and budgetary matters, through the enumerated power to "lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States." The Sixteenth Amendment extended power of taxation to include income taxes. The Constitution also gives Congress power over appropriating funds, with all government spending required to included in congressional appropriations. This power is an important way for Congress to keep the executive branch in check. Other powers granted to Congress include the authority to borrow money on the credit of the United States, regulate commerce with foreign nations and among the states, and coin money.

The Constitution also gives Congress an important role in national defense, including the exclusive power to declare war, to raise and maintain the armed forces, and to make rules for the military. Congress also has the power to establish post offices and post roads, issue patents and copyrights, fix standards of weights and measures, establish courts inferior to the Supreme Court, and "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." Congress also has the power to admit new states to the Union (Article IV).

One of the foremost non-legislative functions of the Congress is the power to investigate and to oversee the executive branch. This is called congressional oversight. This power is usually delegated to congressional committees. Congress also has the exclusive power of removal, allowing impeachment and removal of the President.

### Enumerated powers

Among the enumerated powers given Congress in Article I Section 8, are:

The Congress shall have power to lay and collect taxes, duties, imposts and excises]], to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
* To borrow money on the credit of the United States;
* To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
* To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
* To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
* To provide for the punishment of counterfeiting the securities and current coin of the United States;
* To establish post offices and post roads;
* To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
* To constitute tribunals inferior to the Supreme Court;
* To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
* To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
* To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
* To provide and maintain a navy;
* To make rules for the government and regulation of the land and naval forces;
* To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
* To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
* To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles (16 km) square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.

Other congressional powers have been granted, or confirmed, by constitutional amendments.

### Implied powers

Congress also has implied powers derived from the necessary-and-proper clause of the Constitution which permits Congress "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." The Supreme Court has interpreted the necessary-and-proper clause broadly, to recognize the Congress has all the power and delegates it rather than being burdened with a separation of powers.

### Limits of power

Article I, Section 9 of the U.S. Constitution places limits of congressional authority. For instance, Congress may not suspend the privilege of the writ of *habeas corpus* ("unless when in cases of rebellion or invasion, the public safety may require it"), or grant titles of nobility. Congress is also prohibited from passing bills of attainder or *ex post facto* laws. Several other restrictions are specified by constitutional amendments, especially the Bill of Rights. The last clause of the Bill of Rights, the Tenth Amendment, provides that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

## Checks and balances Edit

The Constitution provides checks and balances among the three branches of the federal government. The authors of the Constitution expected the greater power to lie with Congress and it has been theorized that that is one reason they are described in Article I.

The influence of Congress on the presidency has varied from one period to another; the degree of power depending largely on the leadership of the Congress, political influence by the president, or other members of congress and the boldness of the president's initiatives. Under the first half-dozen presidents, power seems to have been evenly divided between the president and Congress, in part because early presidents largely restricted their vetoes to bills that were unconstitutional.

The Constitution concentrates removal powers in the Congress by empowering and obligating the House of Representatives to impeach federal officials (both executive and judicial) for "Treason, Bribery, or other high Crimes and Misdemeanors." The Senate is constitutionally empowered and obligated to try all impeachments. A simple majority in the House is required to impeach an official; however, a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office in the future.

The Constitution entrusts certain powers to the Senate alone. The President may only nominate for appointment Cabinet officials, judges, and other high officers with the "by and with the advice and consent" of the Senate. The Senate confirms most presidential nominees, but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. The House of Representatives has no formal role in either the ratification of treaties or the appointment of federal officials, other than filling vacancies in the office of Vice-President.

Investigations are conducted to gather information on the need for future legislation, to test the effectiveness of laws already passed, and to inquire into the qualifications and performance of members and officials of the other branches. Committees may hold hearings, and, if necessary, compel individuals to testify by issuing subpoenas. Witnesses who refuse to testify may be cited for contempt of Congress, and those who testify falsely may be charged

### Department of the Navy

The U.S. **Department of the Navy** (**DON**) is a major component of the U.S. Department of Defense (DOD), consisting of the Navy and the Marine Corps. It is a large and complex organization, whose primary mission is to organize, train, maintain, and equip combat-ready naval forces capable of winning wars, deterring aggression by would-be foes, preserving freedom of the seas, and promoting peace and security.