S.Amdt. 2743

1. Inserts new text at the end of section 604

   Inserts

   In S. 3414 · Placed on Calendar Senate

   (4) ensure that cyber issues, including cybersecurity and cybercrime, are included in the responsibilities of overseas Embassies and consulates of the United States, as appropriate.

   Inserted: (_) Construction.--

   Inserted: (1) In general.--Nothing in this Act may be construed as--

   Inserted: (A) an authorization for any person, entity, or element of the Federal Government, or any person or entity acting on behalf of an element of the Federal Government, to take, authorize, or direct any offensive cyber-related action against a foreign country or an entity owned or controlled by a foreign country; or

   Inserted: (B) an authorization for any person, entity, or element of the Federal Government, or any person or entity acting on behalf of an element of the Federal Government, to take, authorize, or direct any cyber-related action if such action is likely to cause death or serious bodily harm to any person outside of the jurisdiction of the United States, unless Congress has declared war or otherwise specifically authorized such action pursuant to Article I, section 8, of the Constitution.

   Inserted: (2) Cyber-related actions.--For purposes of this subsection, a cyber-related action includes, but is not limited to, any action by cyber means as follows:

   Inserted: (A) An action to disable a power grid or power source that will result in temporary or permanent loss of electricity to a civilian area.

   Inserted: (B) An action to disable or to cause a temporary or permanent malfunction of a civilian water supply, reservoir, or water source.

   Inserted: (C) An action to disable or otherwise cause a temporary or permanent loss of a civilian communication system, including telephone, electronic mail, or Internet services for a civilian population.

   Inserted: (D) An action to disrupt or disable a civilian transportation network, including, but not limited to--

   Inserted: (i) a transportation hub;

   Inserted: (ii) a railroad or train;

   Inserted: (iii) motor vehicles;

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   Inserted: (iv) airplanes; and

   Inserted: (v) traffic signals, including motor vehicle and railroad traffic signals.

   Inserted: (3) Defensive actions.--Nothing in this subsection shall be construed to limit the ability of the President to respond to an imminent cyber threat to the extent that such response is solely defensive in nature and intended to terminate an ongoing cyber action that is causing, or is likely to cause, significant damage, injury, or loss of life.

   Original wording

   At the end of section 604, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed