---
kind: "section"
citation: "10 U.S.C. § 396"
title: "10"
title_heading: "Armed Forces"
number: "396"
heading: "Notification requirements for cyber weapons"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/396"
units:
  - "Subtitle A — General Military Law"
  - "Part I — Organization and General Military Powers"
  - "Chapter 19 — Cyber and Information Operations Matters"
---

# §396. Notification requirements for cyber weapons

- (a) **In General.—** Except as provided in [subsection (c)](#c), the [Secretary](/usc/10/4951.md?p=3) of Defense shall promptly submit to the [congressional defense committees](/usc/10/101.md?p=a-16) notice in writing of the following:
  - (1) With respect to a [cyber](/usc/10/2200e.md?p=1) 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](/usc/10/101.md?p=a-6) of Defense Directive 5000.01 carried out by any [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned.
  - (2) The use as a weapon of any [cyber](/usc/10/2200e.md?p=1) capability that has been approved for such use under international law by a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) no later than 48 hours following such use.
- (b) **Procedures.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense shall establish and submit to the [congressional defense committees](/usc/10/101.md?p=a-16) procedures for complying with the requirements of [subsection (a)](#a) consistent with the [national security](/usc/10/801.md?p=16) of the [United States](/usc/10/101.md?p=a-1) and the protection of operational integrity. The [Secretary](/usc/10/4951.md?p=3) shall promptly notify the [congressional defense committees](/usc/10/101.md?p=a-16) 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](/usc/10/101.md?p=a-16) shall ensure that committee procedures designed to protect from unauthorized disclosure [classified information](/usc/10/801.md?p=15) relating to [national security](/usc/10/801.md?p=16) of the [United States](/usc/10/101.md?p=a-1) 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](/usc/10/2200e.md?p=1) capability covered by this section, the [Secretary](/usc/10/4951.md?p=3) shall ensure, to the maximum extent practicable, that the [congressional defense committees](/usc/10/101.md?p=a-16) are notified immediately of the [cyber](/usc/10/2200e.md?p=1) 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)](#a) does not apply—
  - (1) to a [training](/usc/10/301.md?p=9) 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 503 of the National Security Act of 1947 ([50 U.S.C. 3093](/usc/50/3093.md))).
- (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](/usc/50/1541.md) et seq.), the Authorization for Use of [Military](/usc/10/801.md?p=8) Force (Public Law 107–40; [50 U.S.C. 1541](/usc/50/1541.md) note), or any requirement under the National Security Act of 1947 ([50 U.S.C. 3001](/usc/50/3001.md) et seq.).

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

The War Powers Resolution, referred to in subsec. (d), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is classified generally to chapter 33 (§ 1541 et seq.) of Title 50, War and National Defense. For complete classification of this Resolution to the Code, see Short Title note set out under section 1541 of Title 50 and Tables.

The Authorization for Use of Military Force, referred to in subsec. (d), is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, which is set out as a note under section 1541 of Title 50, War and National Defense.

The National Security Act of 1947, referred to in subsec. (d), is act July 26, 1947, ch. 343, 61 Stat. 495, which is classified principally to chapter 44 (§ 3001 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

### Amendments

2018—Pub. L. 115–232, § 1631(a), renumbered section 130k of this title as this section.

Subsec. (c)(2). Pub. L. 115–232, § 1081(a)(1), substituted “section 503 of the National Security Act of 1947 (50 U.S.C. 3093)” for “section 3093 of title 50, United States Code”.