---
kind: "section"
citation: "10 U.S.C. § 430d"
title: "10"
title_heading: "Armed Forces"
number: "430d"
heading: "Cyber intelligence capability"
release: "119-102"
url: "https://uscodex.org/usc/10/430d"
units:
  - "Subtitle A — General Military Law"
  - "Part I — Organization and General Military Powers"
  - "Chapter 21 — Department of Defense Intelligence Matters"
  - "Subchapter I — General Matters"
---

# §430d. Cyber intelligence capability

- (a) **Requirement.—** Not later than October 1, 2026, the Secretary of Defense, in consultation with the Director of National Intelligence, shall ensure that the [Department](/usc/10/101.md?p=a-6) of Defense has a dedicated cyber intelligence capability in support of the military cyber operations requirements for the warfighting missions of the [United States](/usc/10/101.md?p=a-1) Cyber Command, the other combatant commands, the [military departments](/usc/10/101.md?p=a-8), the [Defense Agencies](/usc/10/101.md?p=a-11), the Joint Staff, and the Office of the Secretary of Defense with respect to foundational, scientific and technical, and all-source intelligence on cyber technology development, capabilities, concepts of operation, operations, and plans and intentions of cyber threat actors.
- (b) **Nonduplication.—** In carrying out [subsection (a)](#a), the Secretary may not unnecessarily duplicate intelligence activities of the [Department](/usc/10/101.md?p=a-6) of Defense.
- (c) **Resources.—**
  - (1) The Secretary shall ensure the [defense budget materials](#d) submitted for each fiscal year beginning with fiscal year 2027 include a request for [funds](/usc/10/2871.md?p=6) necessary to carry out [subsection (a)](#a).
  - (2) The Secretary shall carry out [subsection (a)](#a) using [funds](/usc/10/2871.md?p=6) made available for the [United States](/usc/10/101.md?p=a-1) Cyber Command under the Military Intelligence Program.
  - (3) The National Security [Agency](/usc/10/4701.md?p=g-1) may not provide information technology services for the dedicated cyber intelligence capability under [subsection (a)](#a) unless such services are provided under the Military Intelligence Program or the Information Systems Security Program.
- (d) **Defense Budget Materials Defined.—** In this section, the term “defense budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the [budget](/usc/10/236.md?p=c-1) for that fiscal year.

## Source credit

(Added Pub. L. 118–159, div. A, title XVI, § 1612(a), Dec. 23, 2024, 138 Stat. 2167.)