[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2905 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2905

 To require the President to develop a policy for determining when an 
action carried out in cyberspace constitutes an act of war against the 
                 United States, and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2016

 Mr. Rounds (for himself and Mr. King) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

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                                 A BILL


 
 To require the President to develop a policy for determining when an 
action carried out in cyberspace constitutes an act of war 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 AN ACT OF 
              WAR 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 an act of war 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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