S.Amdt. 2880

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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