skip to main content

S. 2905 (114th): Cyber Act of War Act of 2016

The text of the bill below is as of May 9, 2016 (Introduced).


II

114th CONGRESS

2d Session

S. 2905

IN THE SENATE OF THE UNITED STATES

May 9, 2016

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

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.

1.

Short title

This Act may be cited as the Cyber Act of War Act of 2016.

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.