Sec. 1636. POLICY OF THE UNITED STATES ON CYBERSPACE, CYBERSECURITY, CYBER WARFARE, AND CYBER DETERRENCE
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## SEC. 1636 POLICY OF THE UNITED STATES ON CYBERSPACE, CYBERSECURITY, CYBER WARFARE, AND CYBER DETERRENCE **[**[10 U.S.C. 394 note](/us/usc/t10/s394)**]** ###
(a)In General It shall be the policy of the United States, with respect to matters pertaining to cyberspace, cybersecurity, and cyber warfare, that the United States should employ all instruments of national power, including the use of offensive cyber capabilities, to deter if possible, and respond to when necessary, all cyber attacks or other malicious cyber activities of foreign powers that target United States interests with the intent to— ####
(1)cause casualties among United States persons or persons of United States allies; ####
(2)significantly disrupt the normal functioning of United States democratic society or government (including attacks against critical infrastructure that could damage systems used to provide key services to the public or government); ####
(3)threaten the command and control of the Armed Forces, the freedom of maneuver of the Armed Forces, or the industrial base or other infrastructure on which the United States Armed Forces rely to defend United States interests and commitments; or ####
(4)achieve an effect, whether individually or in aggregate, comparable to an armed attack or imperil a vital interest of the United States. ###
(b)Response Options In carrying out the policy set forth in subsection (a), the United States shall plan, develop, and, when appropriate, demonstrate response options to address the full range of potential cyber attacks on United States interests that could be conducted by potential adversaries of the United States. ###
(c)Denial Options In carrying out the policy set forth in subsection
(a)through response options developed pursuant to subsection (b), the United States shall, to the greatest extent practicable, prioritize the defensibility and resiliency against cyber attacks and malicious cyber activities described in subsection
(a)of infrastructure critical to the political integrity, economic security, and national security of the United States. ###
(d)Cost-imposition Options In carrying out the policy set forth in subsection
(a)through response options developed pursuant to subsection (b), the United States shall develop and, when appropriate, demonstrate, or otherwise make known to adversaries the existence of, cyber capabilities to impose costs on any foreign power targeting the United States or United States persons with a cyber attack or malicious cyber activity described in subsection (a). ###
(e)Multi-prong Response In carrying out the policy set forth in subsection
(a)through response options developed pursuant to subsection (b), the United States shall leverage all instruments of national power. ###
(f)Update on Presidential Policy ####
(1)In general Not later than 180 days after the date of the enactment of this Act, the President shall transmit, in unclassified and classified forms, as appropriate, to the appropriate congressional committees a report containing an update to the report provided to the Congress on the policy of the United States on cyberspace, cybersecurity, and cyber warfare pursuant to section 1633 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 130g note). ####
(2)Contents The report required under paragraph
(1)shall include the following: #####
(A)An assessment of the current posture in cyberspace, including assessments of— ######
(i)whether past responses to major cyber attacks have had the desired deterrent effect; and ######
(ii)how adversaries have responded to past United States responses. #####
(B)Updates on the Administration’s efforts in the development of— ######
(i)cost imposition strategies; ######
(ii)varying levels of cyber incursion and steps taken to date to prepare for the imposition of the consequences referred to in clause (i); and ######
(iii)the Cyber Deterrence Initiative. #####
(C)Information relating to the Administration’s plans, including specific planned actions, regulations, and legislative action required, for— ######
(i)advancing technologies in attribution, inherently secure technology, and artificial intelligence society-wide; ######
(ii)improving cybersecurity in and cooperation with the private sector; ######
(iii)improving international cybersecurity cooperation; and ######
(iv)implementing the policy referred to in paragraph (1), including any realignment of government or government responsibilities required, writ large. ###
(f)Rule of Construction Nothing in this subsection may be construed to limit the authority of the President or Congress to authorize the use of military force. ###
(g)Definitions In this section: ####
(1)Appropriate congressional committees The term “appropriate congressional committees” means— #####
(A)the congressional defense committees; #####
(B)the Permanent Select Committee on Intelligence of the House of Representatives; #####
(C)the Select Committee on Intelligence of the Senate; #####
(D)the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and #####
(E)the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate. ####
(2)Foreign power The term “foreign power” has the meaning given such term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
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Sec. 1636
POLICY OF THE UNITED STATES ON CYBERSPACE, CYBERSECURITY, CYBER WARFARE, AND CYBER DETERRENCE
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