Title: HACT Act
Policy area: Law

Summary:
Homeland and Cyber Threat Act or the HACT Act
This bill allows claims in federal or state court against foreign states that conduct or participate in cyberattacks against U.S. nationals.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3241 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 3241

To amend title 28, United States Code, to allow claims against foreign 
    states for unlawful computer intrusion, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2021

  Mr. Kennedy introduced the following bill; which was read twice and 
               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 Representatives 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''.

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:
``Sec. 1605C. Computer intrusions by a foreign state
    ``A foreign state shall not be immune from the jurisdiction 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, electronic 
        stored information located in the United States.
            ``(3) The transmission of a program, information, 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, without 
        consent, of any information obtained by means of any activity 
        described in paragraph (1), (2), or (3).
            ``(5) The provision of material support or resources for 
        any activity described in paragraph (1), (2), (3), or (4), 
        including by an official, employee, or agent of such foreign 
        state.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 97 of title 28, United States Code, is amended by inserting 
after the item relating to section 1605B the following:

``1605C. Computer intrusions by a foreign state.''.
    (c) 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.
                                 <all>