[Congressional Record Volume 164, Number 98 (Wednesday, June 13, 2018)]
[Senate]
[Page S3915]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2880. Mr. BURR (for himself and Mr. Warner) submitted an amendment 
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe 
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 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:

       Beginning on page 726, strike line 2 and all that follows 
     through page 729, line 10, and insert the following:
      the United States Cyber Command and in coordination with the 
     Director of National Intelligence and the heads of such 
     elements of the intelligence community as the Director 
     determines appropriate, to take appropriate and proportional 
     action in cyberspace to disrupt, defeat, and deter such 
     attacks under the authority and policy of the Secretary of 
     Defense to conduct cyber operations and information 
     operations as traditional military activities.
       (2) Notification and reporting.--
       (A) Notification of operations.--In exercising the 
     authority provided in paragraph (1), the Secretary shall 
     provide notices to the congressional defense committees in 
     accordance with section 130(f) of title 10, United States 
     Code.
       (B) Quarterly reports by commander of the united states 
     cyber command.--
       (i) In general.--In any fiscal year in which the Commander 
     of the United States Cyber Command carries out an action 
     under paragraph (1), the Secretary of Defense shall, not less 
     frequently than quarterly, submit to the congressional 
     defense committees a report on the actions of the Commander 
     under such paragraph in such fiscal year.
       (ii) Manner of reporting.--Reports submitted under clause 
     (i) shall be submitted in a manner that is consistent with 
     the recurring quarterly report required by section 484 of 
     title 10, United States Code.
       (b) Surveillance.--
       (1) In general.--The Secretary of Defense, in coordination 
     with the Director of National Intelligence and the heads of 
     such elements of the intelligence community as the Director 
     determines appropriate and acting through the Commander of 
     the United States Cyber Command and the cyber mission forces 
     of such command, may conduct surveillance in networks outside 
     the United States of personnel and organizations engaged at 
     the behest or in support of the Russian Federation in--
       (A) stealing and releasing confidential information from 
     United States persons or supporting organizations who are 
     campaigning for public office;
       (B) generating and planting information and narratives, 
     including the purchase of advertisements, in social and other 
     media intended to mislead, sharpen social and political 
     conflicts, or otherwise manipulate perceptions and opinions 
     of the people of the United States;
       (C) creating networks of subverted computers and associated 
     false accounts on social media platforms for the purpose of 
     spreading and amplifying the impact of information and 
     narratives intended to mislead, sharpen social and political 
     conflicts, or otherwise manipulate perceptions and opinions 
     of the people of the United States; and
       (D) developing or using cyber capabilities--
       (i) to disable, disrupt, or destroy critical infrastructure 
     of the United States; or
       (ii) to cause--

       (I) casualties among United States persons or persons of 
     allies of the United States;
       (II) significant damage to private or public property;
       (III) significant economic disruption;
       (IV) an effect, whether individually or in aggregate, 
     comparable to that of an armed attack or one that imperils a 
     vital national security interest of the United States; or
       (V) significant disruption of the normal functioning of 
     United States democratic society or government, including 
     attacks against or incidents involving critical 
     infrastructure that could damage systems used to provide key 
     services to the public or government.

       (2) Private sector cooperation.--
       (A) In general.--The Secretary shall, in coordination with 
     the Director of National Intelligence and the heads of such 
     elements of the intelligence community as the Director 
     determines appropriate,
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