HEY16333 S L C 114TH CONGRESS 2D SESSION S ll 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 IN THE SENATE OF THE UNITED STATES Mr ROUNDS llllllllll introduced the following bill which was read twice and referred to the Committee on llllllllll 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 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled 3 4 SECTION 1 SHORT TITLE This Act may be cited as the ‘‘Cyber Act of War Act 5 of 2016’’ HEY16333 S L C 2 1 SEC 2 POLICY ON WHEN AN ACTION IN CYBERSPACE CON- 2 STITUTES AN ACT OF WAR AGAINST THE 3 UNITED STATES 4 a POLICY REQUIRED —Not later than 180 days 5 after the date of the enactment of this Act the President 6 shall— 7 1 develop a policy for determining when an 8 action carried out in cyberspace constitutes an act of 9 war against the United States and 10 2 revise the Department of Defense Law of 11 War Manual accordingly 12 b CONSIDERATIONS —In developing the policy re- 13 quired by subsection a 1 the President shall consider 14 the following 15 1 The ways in which the effects of a cyber at- 16 tack may be equivalent to the effects of an attack 17 using conventional weapons including with respect 18 to physical destruction or casualties 19 2 Intangible effects of significant scope inten- 20 sity or duration 21 c REPORT — 22 1 IN GENERAL —The President shall submit 23 to the congressional defense committees the policy 24 required by paragraph 1 of subsection a and a 25 copy of the Law of War Manual revised pursuant to 26 paragraph 2 of such subsection HEY16333 S L C 3 1 2 CONGRESSIONAL DEFENSE COMMITTEES — 2 In this subsection the term ‘‘congressional defense 3 committees’’ has the meaning given that term in sec- 4 tion 101 a of title 10 United States Code