Sec. 1642. ACTIVE DEFENSE AGAINST THE RUSSIAN FEDERATION, PEOPLE’S REPUBLIC OF CHINA, DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA, AND ISLAMIC REPUBLIC OF IRAN ATTACKS IN CYBERSPACE
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## SEC. 1642 ACTIVE DEFENSE AGAINST THE RUSSIAN FEDERATION, PEOPLE’S REPUBLIC OF CHINA, DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA, AND ISLAMIC REPUBLIC OF IRAN ATTACKS IN CYBERSPACE **[**[10 U.S.C. 394 note](/us/usc/t10/s394)**]** ###
(a)Authority to Disrupt, Defeat, and Deter Cyber Attacks ####
(1)In general In the event that the National Command Authority determines that the Russian Federation, People’s Republic of China, Democratic People’s Republic of Korea, or Islamic Republic of Iran is conducting an active, systematic, and ongoing campaign of attacks against the Government or people of the United States in cyberspace, including attempting to influence American elections and democratic political processes, the National Command Authority may authorize the Secretary of Defense, acting through the Commander of the United States Cyber Command, to take appropriate and proportional action in foreign cyberspace to disrupt, defeat, and deter such attacks under the authority and policy of the Secretary of Defense to conduct cyber operations and information operations as traditional military activities. ####
(2)Notification and reporting #####
(A)Notification of operations In exercising the authority provided in paragraph (1), the Secretary shall provide notices to the congressional defense committees in accordance with section 395 of title 10, United States Code (as transferred and redesignated pursuant to section 1631). #####
(B)Quarterly reports by commander of the united states cyber command ######
(i)In general In any fiscal year in which the Commander of the United States Cyber Command carries out an action under paragraph (1), the Secretary of Defense shall, not less frequently than quarterly, submit to the congressional defense committees a report on the actions of the Commander under such paragraph in such fiscal year. ######
(ii)Manner of reporting Reports submitted under clause
(i)shall be submitted in a manner that is consistent with the recurring quarterly report required by section 484 of title 10, United States Code. ###
(b)Private Sector Cooperation The Secretary may make arrangements with private sector entities, on a voluntary basis, to share threat information related to malicious cyber actors, and any associated false online personas or compromised infrastructure, associated with a determination under subsection (a)(1), consistent with the protection of sources and methods and classification guidelines, as necessary. ###
(c)Annual Report Not less frequently than once each year, the Secretary shall submit to the congressional defense committees, the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on— ####
(1)the scope and intensity of the information operations and attacks through cyberspace by the countries specified in subsection (a)(1) against the government or people of the United States observed by the cyber mission forces of the United States Cyber Command and the National Security Agency; and ####
(2)adjustments of the Department of Defense in the response directed or recommended by the Secretary with respect to such operations and attacks. ###
(d)Rule of Construction Nothing in this section may be construed to— ####
(1)limit the authority of the Secretary to conduct military activities or operations in cyberspace, including clandestine activities or operations in cyberspace; or ####
(2)affect the War Powers Resolution (Public Law 93-148; 50 U.S.C. 1541 et seq.) or the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note).
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- Pub. L. 93-148
- Pub. L. 107-40
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Sec. 1642
ACTIVE DEFENSE AGAINST THE RUSSIAN FEDERATION, PEOPLE’S REPUBLIC OF CHINA, DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA, AND ISLAMIC REPUBLIC OF IRAN ATTACKS IN CYBERSPACE
Pub. L.Pub. L. 93-148
Pub. L.Pub. L. 107-40
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