The warning message reinforces policy awareness during the logon process and facilitates possible legal action against attackers. Alternatively, systems whose ownership should not be obvious should ensure usage of a banner that does not provide easy attribution.
If the line is commented out or if the file is missing, this is a finding.
Fix
Configure OL 9 to display the Standard Mandatory DOD Notice and Consent Banner before granting access to the system via ssh.
Edit the "etc/ssh/sshd_config" file or a file in "/etc/ssh/sshd_config.d" to uncomment the banner keyword and configure it to point to a file that will contain the logon banner (this file may be named differently or be in a different location if using a version of SSH that is provided by a third-party vendor).