HACT Act

Homeland and Cyber Threat Act or the HACT Act

This bill allows claims in federal or state court against foreign states that conduct or participate in cyberattacks against U.S. nationals.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2745 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 2745

To amend title 28, United States Code, to allow claims against foreign 
    states for unlawful computer intrusion, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2023

 Mr. Bergman (for himself, Mr. Neguse, Mr. Crenshaw, Mr. Fitzpatrick, 
  Mr. Gaetz, Mr. Fallon, Mr. Case, Mr. Vicente Gonzalez of Texas, Mr. 
Rogers of Kentucky, Mr. Stanton, Mr. Van Drew, Mr. Veasey, Mr. Guthrie, 
   Mr. Davidson, Ms. Escobar, Mr. Bacon, Mr. Waltz, Ms. Slotkin, Mr. 
Morelle, Mr. Reschenthaler, Ms. Jackson Lee, Mr. Correa, Mr. Cloud, Mr. 
C. Scott Franklin of Florida, Mr. Bilirakis, Ms. Sherrill, Mr. Kilmer, 
  Mr. Kim of New Jersey, Mr. Himes, Mrs. Bice, Mr. Ruiz, Mrs. Watson 
Coleman, Ms. Titus, Mr. Steube, Ms. Brown, Mr. Fleischmann, Mr. Payne, 
   Ms. Houlahan, Mr. DesJarlais, Ms. Garcia of Texas, Mr. Evans, Mr. 
 Kildee, Mr. Mooney, Ms. Mace, and Mr. Gosar) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 28, United States Code, to allow claims against foreign 
    states for unlawful computer intrusion, 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 ``Homeland And Cyber Threat Act'' or 
the ``HACT Act''.

SEC. 2. FOREIGN STATE COMPUTER INTRUSIONS.

    (a) In General.--Chapter 97 of title 28, United States Code, is 
amended by inserting after section 1605B the following:
``Sec. 1605C. Computer intrusions by a foreign state
    ``A foreign state shall not be immune from the jurisdiction of the 
courts of the United States or of the States in any case not otherwise 
covered by this chapter in which money damages are sought against a 
foreign state by a national of the United States for personal injury, 
harm to reputation, or damage to or loss of property resulting from any 
of the following activities, whether occurring in the United States or 
a foreign state:
            ``(1) Unauthorized access to or access exceeding 
        authorization to a computer located in the United States.
            ``(2) Unauthorized access to confidential, electronic 
        stored information located in the United States.
            ``(3) The transmission of a program, information, code, or 
        command to a computer located in the United States, which, as a 
        result of such conduct, causes damage without authorization.
            ``(4) The use, dissemination, or disclosure, without 
        consent, of any information obtained by means of any activity 
        described in paragraph (1), (2), or (3).
            ``(5) The provision of material support or resources for 
        any activity described in paragraph (1), (2), (3), or (4), 
        including by an official, employee, or agent of such foreign 
        state.''.
    (b) Application.--This Act and the amendments made by this Act 
shall apply to any action pending on or filed on or after the date of 
the enactment of this Act.
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