Providing Retaliation Options against Those Engaging in Cyberattacks Targeting the United States Act or PROTECT US Act
This bill directs the President to submit to Congress a list of countries designated as state-sponsors of cyberattacks.
A country shall be so designated if the President determines that the United States or a U.S. person has been targeted in a cyber-enabled activity originating from or directed by a person located in a foreign country, and such activity is likely to result in or have contributed to a threat to U.S. national security or foreign policy, or harmed U.S. economic health or financial stability or a U.S. person, or has the purpose or effect of:
The President may impose a trade-related penalty and take other actions, including assistance limitations, trade embargoes, and cyber counter attacks, with respect to a designated country.
A country may be removed from the list of state-sponsors of cyberattacks if: (1) the President determines that it no longer meets the requirements for the designation, or (2) Congress enacts a law providing for such removal.
A country that has been removed from the list by Congress may not be added back to the list by the President until at least one year after removal.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3039 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 3039
To impose penalties on state-sponsors of cyberattacks, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2015
Mr. Brooks of Alabama introduced the following bill; which was referred
to the Committee on Foreign Affairs, and in addition to the Committees
on Ways and Means, Financial Services, and Oversight and Government
Reform, 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 impose penalties on state-sponsors of cyberattacks, 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 ``Providing Retaliation Options
against Those Engaging in Cyberattacks Targeting the United States
Act'' or ``PROTECT US Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Article XXI of the GATT 1994 (as such term is defined
in section 2(1)(B) of the Uruguay Round Agreements Act (19
U.S.C. 3501(1)(B))) allows a member of the World Trade
Organization to take any action which such member considers
necessary for the protection of such member's essential
security interests.
(2) Protecting the United States from malicious cyber-
enabled activities is essential to the security interests of
the United States.
SEC. 3. IMPOSITION OF PENALTIES ON STATE-SPONSORS OF CYBERATTACKS.
(a) In General.--The President is authorized to impose penalties
described in subsection (c) with respect to each country on the list
required by subsection (b).
(b) List of State-Sponsors of Cyberattacks.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to
Congress a list of countries designated as state-sponsors of
cyberattacks pursuant to paragraph (2).
(2) Countries designated.--If the President, in
consultation with the Secretary of Homeland Security, the
Secretary of Defense, the Attorney General, and the Chairman of
the United States International Trade Commission, determines
that the United States or a United States person has been
targeted in a malicious cyber-enabled activity originating
from, or directed by a person located, in whole or in
substantial part, in a foreign country, and such activity is
reasonably likely to result in, or have materially contributed
to, a threat to the national security or foreign policy of the
United States, or harmed the economic health or financial
stability of the United States or a United States person, or
has the purpose or effect of--
(A) harming or otherwise significantly compromising
the provision of services by a computer or network of
computers that support the United States or a United
States person in a critical infrastructure sector,
(B) significantly compromising the provision of
services by the United States or a United States person
in a critical infrastructure sector,
(C) causing significant disruption to the
availability of a computer or network of computers
owned or operated by the United States or a United
States person, or
(D) causing a significant misappropriation of funds
or economic resources, trade secrets, personally
identifiable information, or financial information of
the United States or a United States person,
the President shall designate such country as a state-sponsor
of cyberattacks.
(3) Updates of list.--The President shall submit to
Congress an updated list under paragraph (1) as new information
becomes available.
(c) Penalties.--
(1) Trade-related penalty.--The President may impose a
duty, in addition to any other duty imposed, on any article or
service imported directly or indirectly into the United States
that is produced in whole or in part in a country that is
included on the list of state-sponsors of cyberattacks required
by subsection (b).
(2) Other actions.--The President may take any of the
following actions with respect to a country that is included on
the list of state-sponsors of cyberattacks required by
subsection (b):
(A) A private demarche.
(B) An official public demarche.
(C) A public condemnation.
(D) A public condemnation within one or more
multilateral fora.
(E) The delay or cancellation of one or more
scientific exchanges.
(F) The delay or cancellation of one or more
cultural exchanges.
(G) The denial of one or more working, official, or
state visits.
(H) The delay or cancellation of one or more
working, official, or state visits.
(I) The withdrawal, limitation, or suspension of
United States development assistance under chapter 1 of
part I of the Foreign Assistance Act of 1961.
(J) Directing the Export-Import Bank of the United
States, the Overseas Private Investment Corporation, or
the Trade and Development Agency to not approve the
issuance of any (or a specified number of) guarantees,
insurance, extensions of credit, or participations in
extensions of credit.
(K) The withdrawal, limitation, or suspension of
United States security assistance under part II of the
Foreign Assistance Act of 1961.
(L) Consistent with section 701 of the
International Financial Institutions Act, directing the
United States Executive Directors at international
financial institutions to oppose and vote against loans
primarily benefitting the country.
(M) Ordering the heads of the appropriate United
States agencies to not issue any (or a specified number
of) specific licenses, and to not grant any other
specific authority (or a specified number of
authorities), to export any goods or technology to such
country under--
(i) the Export Administration Act of 1979
(as continued in effect pursuant the
International Emergency Economic Powers Act);
(ii) the Arms Export Control Act;
(iii) the Atomic Energy Act of 1954; or
(iv) any other statute that requires the
prior review and approval of the United States
Government as a condition for the export or re-
export of goods or services.
(N) Prohibiting any United States financial
institution from making loans or providing credits.
(O) Prohibiting the United States Government from
procuring, or entering into any contract for the
procurement of, any goods or services.
(P) Suspension or withdrawal of extension of
nondiscriminatory treatment to the products of the
country pursuant to section 404 of the Trade Act of
1974.
(Q) Ordering a trade embargo.
(R) Ordering a cyber counterattack.
(d) Removal From List.--
(1) In general.--A country may be removed from the list of
state-sponsors of cyberattacks required by subsection (b) if--
(A) the President determines that the country no
longer meets the requirements for designation as a
state-sponsor of cyberattacks under subsection (b)(2);
or
(B) Congress enacts a law that provides for such
removal.
(2) Moratorium.--
(A) In general.--A country that has been removed
from the list pursuant to paragraph (1)(B) may not be
added back to the list by the President until at least
the date that is one year after the date of such
removal.
(B) Rule of construction.--Nothing in this
paragraph shall be construed as prohibiting Congress
from adding a country that has been removed from the
list pursuant to paragraph (1)(B) back to the list by a
date that is earlier than the date described in
subparagraph (A).
(e) Definitions.--In this section:
(1) Critical infrastructure sector.--The term ``critical
infrastructure sector'' means any of the designated critical
infrastructure sectors identified in Presidential Policy
Directive 21.
(2) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, government, or other organization.
(3) List.--The term ``list'' means the list of state-
sponsors of cyberattacks.
(4) Misappropriation.--The term ``misappropriation'' means
any taking or obtaining by improper means, without permission
or consent, or under false pretenses.
(5) Person.--The term ``person'' means a natural person or
an entity.
(6) United states person.--The term ``United States
person'' shall be broadly construed to include but not be
limited to any United States citizen, permanent resident alien,
entity organized under the laws of the United States or any
jurisdiction within the United States (including foreign
branches), any governmental or quasi-governmental entity
existing in the United States, or any other person in the
United States.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, Financial Services, and Oversight and Government Reform, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, Financial Services, and Oversight and Government Reform, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, Financial Services, and Oversight and Government Reform, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, Financial Services, and Oversight and Government Reform, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, Financial Services, and Oversight and Government Reform, 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.
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Referred to the Subcommittee on Trade.