[Congressional Record Volume 157, Number 190 (Monday, December 12, 2011)]
[House]
[Pages H8356-H8726]
CONFERENCE REPORT ON H.R. 1540, NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2012
Mr. McKEON submitted the following conference report and statement on
the bill (H.R. 1540) to authorize appropriations for fiscal year 2012
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.
Conference Report (H. Rept. 112-329)
[...]
SEC. 954. MILITARY ACTIVITIES IN CYBERSPACE.
Congress affirms that the Department of Defense has the
capability, and upon direction by the President may conduct
offensive operations in cyberspace to defend our Nation,
Allies and interests, subject to--
(1) the policy principles and legal regimes that the
Department follows for kinetic capabilities, including the
law of armed conflict; and
(2) the War Powers Resolution (50 U.S.C. 1541 et seq.).
[...]
Military activities in cyberspace (sec. 954)
The House bill contained a provision (sec. 962) that would
clarify that the Secretary of Defense has the authority to
conduct clandestine cyberspace activities in support of
military operations pursuant to the Authorization for the Use
of Military Force (Public Law 107-40; title 50 United States
Code, section 1541 note) outside of the United States or to
defend against a cyber attack on an asset of the Department
of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
The conferees recognize that because of the evolving nature
of cyber warfare, there is a lack of historical precedent for
what constitutes traditional military activities in relation
to cyber operations and that it is necessary to affirm that
such operations may be
[[Page H8600]]
conducted pursuant to the same policy, principles, and legal
regimes that pertain to kinetic capabilities.
The conferees also recognize that in certain instances, the
most effective way to deal with threats and protect U.S. and
coalition forces is to undertake offensive military cyber
activities, including where the role of the United States
Government is not apparent or to be acknowledged. The
conferees stress that, as with any use of force, the War
Powers Resolution may apply.
[...]