[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Page S4540]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 584. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill H.R. 2810, to authorize appropriations for fiscal year
2018 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. ___. ENHANCEMENT OF CYBER CAPABILITIES OF UNITED STATES
ALLIES AND PARTNERS IN THE NORTH ATLANTIC
TREATY ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) The North Atlantic Treaty Organization (commonly known
as ``NATO'') remains a critical alliance for the United
States and a cost-effective, flexible means of providing
security to the most important allies of the United States.
(2) The regime of Russian President Vladimir Putin is
actively working to erode democratic systems of NATO member
states, including the United States.
(3) According to the report of the Office of the Director
of National Intelligence dated January 6, 2017, on the
Russian Federation's hack of the United States presidential
election: ``Russian efforts to influence the 2016
presidential election represent the most recent expression of
Moscow's longstanding desire to undermine the US-led liberal
democratic order.''.
(4) As recently as May 4, 2017, the press reported a
massive cyber hack of French President Emmanuel Macron's
campaign, likely attributable to Russian actors.
(5) It is in the core interests of the United States to
enhance the offensive and defensive cyber capabilities of
NATO member states to deter and defend against Russian cyber
and influence operations.
(6) Enhanced offensive cyber capabilities would enable the
United States to demonstrate strength and deter the Russian
Federation from threatening NATO, while reassuring allies,
without a provocative buildup of conventional military
forces.
(b) Sense of Congress on Cyber Strategy of the Department
of Defense.--It is the sense of Congress that--
(1) the Secretary of Defense should update the cyber
strategy of the Department of Defense (as that strategy is
described in the Department of Defense document titled ``The
Department of Defense Cyber Strategy'' dated April 15, 2015);
and
(2) in updating the cyber strategy of the Department, the
Secretary should--
(A) specifically develop an offensive cyber strategy that
includes plans for the offensive use of cyber capabilities,
including computer network exploitation and computer network
attacks, to thwart air, land, or sea attacks by the regime of
Russia President Vladimir Putin and other adversaries;
(B) provide guidance on integrating offensive tools into
the cyber arsenal of the Department; and
(C) assist North Atlantic Treaty Organization partners,
through the North Atlantic Treaty Organization Cooperative
Cyber Center of Excellence and other entities, in developing
offensive cyber capabilities.
(c) Strategy for Offensive Use of Cyber Capabilities.--
(1) Strategy required.--The President shall develop a
written strategy for the offensive use of cyber capabilities
by departments and agencies of the United States Government.
(2) Elements.--The strategy developed under paragraph (1)
shall include, at minimum--
(A) a description of enhancements that are needed to
improve the offensive cyber capabilities of the United States
and partner nations, including North Atlantic Treaty
Organization member states; and
(B) a statement of principles concerning the appropriate
deployment of offensive cyber capabilities.
(3) Submittal to congress.--Not later than 180 days after
the date of the enactment of this Act, the President shall
submit to the congressional defense committees the strategy
developed under paragraph (1).
(4) Form of submittal.--The strategy submitted under
paragraph (1) may be submitted in classified form.
(d) International Cooperation.--
(1) Authority to provide technical assistance.--The
President, acting through the Secretary of Defense and with
the concurrence of the Secretary of State, is authorized to
provide technical assistance to North Atlantic Treaty
Organization member states to assist such states in
developing and enhancing offensive cyber capabilities.
(2) Technical experts.--In providing technical assistance
under paragraph (1), the President, acting through the North
Atlantic Treaty Organization Cooperative Cyber Center of
Excellence, may detail technical experts in the field of
cyber operations to North Atlantic Treaty Organization member
states.
(3) Rule of construction.--Nothing in this subsection shall
be construed to preclude or limit the authorities of the
President or the Secretary of Defense to provide cyber-
related assistance to foreign countries, including the
authority of the Secretary to provide such assistance under
section 333 of title 10, United States Code.
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