[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5220 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5220

   To direct the President to develop a policy on when an action in 
 cyberspace constitutes a use of force against the United States, and 
                          for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2016

 Mr. Himes (for himself and Mr. Westmoreland) 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

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                                 A BILL


 
   To direct the President to develop a policy on when an action in 
 cyberspace constitutes a use of force against the United States, 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 ``Cyber Act of War Act of 2016''.

SEC. 2. POLICY ON WHEN AN ACTION IN CYBERSPACE CONSTITUTES A USE OF 
              FORCE AGAINST THE UNITED STATES.

    (a) Policy Required.--Not later than 180 days after the date of the 
enactment of this Act, the President shall--
            (1) develop a policy for determining when an action carried 
        out in cyberspace constitutes a use of force against the United 
        States; and
            (2) revise the Department of Defense Law of War Manual 
        accordingly.
    (b) Considerations.--In developing the policy required by 
subsection (a)(1), the President shall consider the following:
            (1) The ways in which the effects of a cyber attack may be 
        equivalent to the effects of an attack using conventional 
        weapons, including with respect to physical destruction or 
        casualties.
            (2) Intangible effects of significant scope, intensity, or 
        duration.
    (c) Report.--
            (1) In general.--The President shall submit to the 
        congressional defense committees the policy required by 
        paragraph (1) of subsection (a) and a copy of the Law of War 
        Manual revised pursuant to paragraph (2) of such subsection.
            (2) Congressional defense committees.--In this subsection, 
        the term ``congressional defense committees'' has the meaning 
        given that term in section 101(a) of title 10, United States 
        Code.
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