Sec. 1681. Matters relating to military operations in the information environment

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Chapter 19 of title 10, United States Code, is amended by adding at the end the following new section: Congress affirms that the Secretary of Defense is authorized to conduct military operations, including clandestine operations, in the information environment to defend the United States, allies of the United States, and interests of the United States, including in response to malicious influence activities carried out against the United States or a United States person by a foreign power.

The military operations referred to in paragraph (1), when appropriately authorized include the conduct of military operations short of hostilities and in areas outside of areas of active hostilities for the purpose of preparation of the environment, influence, force protection, and deterrence of hostilities. A clandestine military operation in the information environment shall be considered a traditional military activity for the purposes of section 503(e)(2) of the National Security Act of 1947 ( 50 U.S.C. 3093(e)(2) ).

Not less frequently than once each quarter, the Secretary of Defense shall provide the congressional defense committees a briefing on significant military operations, including all clandestine operations in the information environment, carried out by the Department of Defense during the immediately preceding quarter. Each briefing under subsection

(1)shall include, with respect to the military operations in the information environment described in such paragraph, the following: An update, disaggregated by geographic and functional command, that describes the operations carried out by the commands. An overview of authorities and legal issues applicable to the operations, including any relevant legal limitations. An outline of any interagency activities and initiatives relating to the operations. Such other matters as the Secretary considers appropriate. Nothing in this section shall be construed to limit, expand, or otherwise alter the authority of the Secretary to conduct military operations, including clandestine operations, in the information environment, to authorize specific military operations, or to limit, expand, or otherwise alter or otherwise affect the War Powers Resolution ( 50 U.S.C. 1541 et seq.) or an authorization for use of military force that was in effect on the day before the date of the enactment of this Act. In this section: The terms foreign person and United States person have the meanings given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). The term hostilities has the same meaning as such term is used in the War Powers Resolution ( 50 U.S.C. 1541 et seq.). The term clandestine military operation in the information environment means an operation or activity, or associated preparatory actions, authorized by the President or the Secretary of Defense, that— is marked by, held in, or conducted with secrecy, where the intent is that the operation or activity will not be apparent or acknowledged publicly; and is to be carried out— as part of a military operation plan approved by the President or the Secretary of Defense; to deter, safeguard, or defend against attacks or malicious influence activities against the United States, allies of the United States, and interests of the United States; or in support of hostilities or military operations involving the United States armed forces; or in support of military operations short of hostilities and in areas where hostilities are not occurring for the purpose of preparation of the environment, influence, force protection, and deterrence. . The heading of chapter 19 of such title is amended to read as follows: . The table of sections at the beginning of chapter 19 of such title is amended by inserting at the end the following new item: 397. Military operations in the information environment. . The table of chapters for part I of subtitle A of such title is amended by striking the item relating to chapter 19 and inserting the following new item: 19. Cyber and Information Operations Matters 391 . The Secretary of Defense shall designate, from among officials appointed to a position in the Department of Defense by and with the advice and consent of the Senate, a Principal Information Operations Advisor to act as the principal advisor to the Secretary on all aspects of information operations conducted by the Department. The Principal Information Operations Advisor shall have the following responsibilities: Oversight of policy, strategy, planning, resource management, operational considerations, personnel, and technology development across all the elements of information operations of the Department. Overall integration and supervision of the deterrence of, conduct of, and defense against information operations. Promulgation of policies to ensure adequate coordination and deconfliction with the Department of State, the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), and other relevant agencies and departments of the Federal Government. Coordination with the head of the Global Engagement Center to support the purpose of the Center (as set forth by section 1287(a)(2) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 22 U.S.C. 2656 note)) and liaison with the Center and other relevant Federal Government entities to support such purpose. Establishing and supervising a rigorous risk management process to mitigate the risk of potential exposure of United States Persons to information intended exclusively for foreign audiences. Development of guidance for, and promotion of, the capability of the Department to liaison with the private sector and academia on matters relating to the influence activities of malign actors. Such other matters relating to information operations as the Secretary shall specify for purposes of this subsection. The Principal Information Operations Advisor shall integrate the expertise in all elements of information operations and perspectives of appropriate organizations within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands by establishing and maintaining a full-time cross-functional team composed of subject-matter experts selected from those organizations. The cross-functional team established under paragraph

(1)shall be selected, organized, and managed in a manner consistent with section 911 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note). The Secretary of Defense shall designate United States Special Operations Command as the coordinating authority for information operations of the Department. The combatant command designated under paragraph

(1)shall be responsible for the following: Synchronizing the Department’s information operations plans and operations across combatant commands. Acting as the joint proponent for information operations capabilities. The Secretary of Defense, acting through the Principal Information Operations Advisor and the cross-functional team established under subsection (c)(1), shall— develop or update, as appropriate, a strategy for operations in the information environment; and conduct an information operations posture review, including an analysis of capability gaps that inhibit the Department’s ability to successfully execute the strategy developed or updated pursuant to subparagraph (A). At a minimum, the strategy developed or updated pursuant to paragraph (1)(A) shall include the following: The establishment of lines of effort, objectives, and tasks that are necessary to implement the strategy and eliminate the gaps identified under paragraph (1)(B). Designation of offices of primary responsibility for implementing and achieving the tasks as set forth in the strategy.

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