S.Amdt. 584Senate115th Congress (2017-2019)
S.Amdt. 584
Sponsored by
Sen. Mazie K. Hirono (D-HI)
Submitted July 27, 2017
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Senate amendment submitted
July 27, 2017
Text
Submitted
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. ______