Sec. 1622. Affirming the authority of the Secretary of Defense to conduct military activities and operations in cyberspace
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Section 130g of title 10, United States Code, is amended— by striking The Secretary and inserting the following: The Secretary ; by adding at the end the following new subsections: Congress affirms that the Secretary of Defense may conduct military activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, to defend the United States and allies and interests of the United States, including in response to malicious cyber activity carried out against the United States or a United States person by a foreign power. Congress affirms that the authority referred to in paragraph
(1)includes the conduct of military activities or operations in cyberspace short of war and in areas outside of named areas of conflict for the purpose of preparation of the environment, influence, force protection, and deterrence of hostilities, or counterterrorism operations involving the armed forces of the United States. A clandestine military activity or operation in cyberspace shall be considered a traditional military activity for the purposes of section 503(e)(2) of the National Security Act of 1947 ( 50 U.S.C. 3093(e)(2) ). The Secretary shall brief the congressional defense committees about any military activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, occurring during the previous quarter during the quarterly briefing required by section 484 of this title. Nothing in this section shall be construed to limit the authority of the Secretary to conduct military activities or operations in cyberspace, including clandestine activities or operations in cyberspace, or to alter or otherwise affect the War Powers Resolution ( 50 U.S.C. 1541–1548 ), the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note), or reporting of sensitive military cyber activities or operations required by section 130j of this title. In this section: The term clandestine military activity or operation in cyberspace means a military activity or operation carried out in cyberspace, or associated preparatory actions, authorized by the President or the Secretary that— is marked by, held in, or conducted with secrecy, where the intent is that the activity or operation will not be apparent or acknowledged publicly; and is to be carried out— as part of a military operation plan approved by the President or the Secretary in anticipation of hostilities or as directed by the President or the Secretary against— adversaries (as defined by the National Security Strategy); or other emergent national security threats; to deter, safeguard, or defend against attacks or malicious cyber activities against the United States or Department of Defense information, networks, systems, installations, facilities, or other assets; or in support of other information related capabilities such as military deception and psychological operations. The term foreign power has the meaning given such term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). The term United States person has the meaning given such term in such section. ; and in subsection (a), as designated by paragraph (1), by striking (as and all that follows through )) .
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- 50 USC 1541–1548
- Pub. L. 107-40
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Sec. 1622
Affirming the authority of the Secretary of Defense to conduct military activities and operations in cyberspace
Cite50 USC 1541–1548
Pub. L.Pub. L. 107-40
Cites 5Cited by 0 across 0 sources