Enhance Partner Cyber Capabilities Act

Enhance Partner Cyber Capabilities Act

This bill directs the President to develop a strategy for the offensive use of cyber capabilities by federal agencies. The strategy shall include: (1) a description of enhancements needed to improve such capabilities of the United States and partner nations, including North Atlantic Treaty Organization (NATO) members; and (2) a statement of principles for deployment of such capabilities.

The bill authorizes the Department of Defense to furnish technical assistance to NATO members in developing and enhancing their capabilities.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2812 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2812

To direct the President to develop a strategy for the offensive use of 
              cyber capabilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2017

  Mr. Correa introduced the following bill; which was referred to the 
Committee on Foreign Affairs, and in addition to the Committee on Armed 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To direct the President to develop a strategy for the offensive use of 
              cyber capabilities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhance Partner Cyber Capabilities 
Act''.

SEC. 2. 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.

SEC. 3. 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);
            (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 Russian 
                President Vladimir Putin and other adversaries;
                    (B) provide guidance on integrating offensive tools 
                into the cyber arsenal of the Department; and
                    (C) assist NATO partners, through the NATO 
                Cooperative Cyber Center of Excellence and other 
                entities, in developing offensive cyber capabilities.

SEC. 4. STRATEGY FOR OFFENSIVE USE OF CYBER CAPABILITIES.

    (a) Strategy Required.--The President shall develop a written 
strategy for the offensive use of cyber capabilites by departments and 
agencies of the Federal Government.
    (b) Elements.--The strategy developed under subsection (a) shall 
include, at minimum--
            (1) a description of enhancements that are needed to 
        improve the offensive cyber capabilities of the United States 
        and partner nations, including NATO member states; and
            (2) a statement of principles concerning the appropriate 
        deployment of offensive cyber capabilities.
    (c) Submission to Congress.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to the 
        congressional defense committees (as that term is defined in 
        section 101(a)(16) of title 10, United States Code) the 
        strategy developed under subsection (a).
            (2) Form of submission.--The strategy submitted under 
        paragraph (1) may be submitted in classified form.

SEC. 5. INTERNATIONAL COOPERATION.

    (a) 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 
NATO member states to assist such states in developing and enhancing 
offensive cyber capabilities.
    (b) Technical Experts.--In providing technical assistance under 
subsection (a), the President, acting through the NATO Cooperative 
Cyber Center of Excellence, may detail technical experts in the field 
of cyber operations to NATO member states.
    (c) Rule of Construction.--Nothing in this section 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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