I 
118TH CONGRESS 
1ST SESSION H. R. 2745 
To amend title 28, United States Code, to allow claims against foreign 
states for unlawful computer intrusion, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 20, 2023 
Mr. BERGMAN (for himself, Mr. NEGUSE, Mr. CRENSHAW, Mr. FITZPATRICK, 
Mr. GAETZ, Mr. FALLON, Mr. CASE, Mr. VICENTE GONZALEZ of Texas, 
Mr. ROGERS of Kentucky, Mr. STANTON, Mr. VAN DREW, Mr. VEASEY, 
Mr. GUTHRIE, Mr. DAVIDSON, Ms. ESCOBAR, Mr. BACON, Mr. WALTZ, 
Ms. SLOTKIN, Mr. MORELLE, Mr. RESCHENTHALER, Ms. JACKSON LEE, 
Mr. CORREA, Mr. CLOUD, Mr. C. SCOTT FRANKLIN of Florida, Mr. BILI-
RAKIS, Ms. SHERRILL, Mr. KILMER, Mr. KIM of New Jersey, Mr. HIMES, 
Mrs. BICE, Mr. RUIZ, Mrs. WATSON COLEMAN, Ms. TITUS, Mr. STEUBE, 
Ms. BROWN, Mr. FLEISCHMANN, Mr. PAYNE, Ms. HOULAHAN, Mr. 
DESJARLAIS, Ms. GARCIA of Texas, Mr. EVANS, Mr. KILDEE, Mr. MOON-
EY, Ms. MACE, and Mr. GOSAR) introduced the following bill; which was 
referred to the Committee on the Judiciary 
A BILL 
To amend title 28, United States Code, to allow claims 
against foreign states for unlawful computer intrusion, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Homeland And Cyber 
Threat Act’’ or the ‘‘HACT Act’’. 
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SEC. 2. FOREIGN STATE COMPUTER INTRUSIONS. 
(a) IN GENERAL.—Chapter 97 of title 28, United 
States Code, is amended by inserting after section 1605B 
the following: 
‘‘§ 1605C. Computer intrusions by a foreign state 
‘‘A foreign state shall not be immune from the juris-
diction of the courts of the United States or of the States 
in any case not otherwise covered by this chapter in which 
money damages are sought against a foreign state by a 
national of the United States for personal injury, harm 
to reputation, or damage to or loss of property resulting 
from any of the following activities, whether occurring in 
the United States or a foreign state: 
‘‘(1) Unauthorized access to or access exceeding 
authorization to a computer located in the United 
States. 
‘‘(2) Unauthorized access to confidential, elec-
tronic stored information located in the United 
States. 
‘‘(3) The transmission of a program, informa-
tion, code, or command to a computer located in the 
United States, which, as a result of such conduct, 
causes damage without authorization. 
‘‘(4) The use, dissemination, or disclosure, with-
out consent, of any information obtained by means 
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of any activity described in paragraph (1), (2), or 
(3). 
‘‘(5) The provision of material support or re-
sources for any activity described in paragraph (1), 
(2), (3), or (4), including by an official, employee, or 
agent of such foreign state.’’. 
(b) APPLICATION.—This Act and the amendments 
made by this Act shall apply to any action pending on 
or filed on or after the date of the enactment of this Act. 
Æ 
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