10 USC 499 – Annual assessment of cyber resiliency of nuclear command and control system
(a)
Terms Used In 10 USC 499
- Oversight: Committee review of the activities of a Federal agency or program.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
(b)
(1) conduct an assessment of the sufficiency and resiliency of the nuclear command and control system to operate through a cyber attack from the Russian Federation, the People’s Republic of China, or any other country or entity the Commanders identify as a potential threat; and
(2) develop recommendations for mitigating any concerns of the Commanders resulting from the assessment.
(c)
(A) The recommendations developed under subsection (b)(2).
(B) A statement of the degree of confidence of each of the Commanders in the mission assurance of the nuclear deterrent against a top tier cyber threat.
(C) A detailed description of the approach used to conduct the assessment required by subsection (a) and the technical basis of conclusions reached in conducting that assessment.
(D) Any other comments of the Commanders.
(2) The Council shall submit to the Secretary of Defense each report required by paragraph (1) and any comments of the Council on each report.
(3) Not later than 90 days after the date of the submission of a report under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees the report, any comments of the Council on the report under paragraph (2), and any comments of the Secretary on the report.
(d)
(A) a briefing on any intrusion or anomaly in the nuclear command, control, and communications system that was identified during the previous quarter, including—
(i) an assessment of any known, suspected, or potential impacts of such intrusions and anomalies to the mission effectiveness of military capabilities as of the date of the briefing; and
(ii) with respect to cyber intrusions of contractor networks known or suspected to have resulted in the loss or compromise of design information regarding the nuclear command, control, and communications system; or
(B) if no such intrusion or anomaly occurred with respect to the quarter to be covered by that briefing, a notification of such lack of intrusions and anomalies.
(2) In this subsection:
(A) The term “anomaly” means a malicious, suspicious or abnormal cyber incident that potentially threatens the national security or interests of the United States, or that is likely to result in demonstrable harm to the national security of the United States.
(B) The term “intrusion” means an unauthorized and malicious cyber incident that compromises a nuclear command, control, and communications system by breaking the security of such a system or causing it to enter into an insecure state.
(e)