Cyber Act of War Act of 2016

Bill: 114-hr-5220
Sponsor: full_name: Rep. Himes, James A. [D-CT-4]
Introduced: 2016-05-12
Policy area: International Affairs
Subjects: Computer security and identity theft

Conflicts and wars

Military operations and strategy
Latest action: action_date: 2016-06-07
text: Referred to the Subcommittee on Emerging Threats and Capabilities.

Summaries:
action_date: 2016-05-12
action_desc: Introduced in House
text: <p><strong>Cyber Act of War Act of 2016</strong></p> <p>This bill directs the President to: (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. </p> <p>In developing this policy, the President shall consider: (1) the ways in which a cyber attack's effects may be equivalent to a conventional attack's effects, including physical destruction or casualties; and (2) intangible effects of significant scope or duration.</p>

tv_txt: I 114th CONGRESS 2d Session H. R. 5220 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 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.

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 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.