S.Amdt. 2727

1. Adds SEC. __. PROHIBITED ACTIVITY wherever appropriate

   Adds a section

   Inserted: SEC. __. PROHIBITED ACTIVITY.

   Inserted: (a) In General.--Section 1030(a) of title 18, United States Code, is amended--

   Inserted: (1) in paragraph (7)(C), by inserting "or" after the semicolon; and

   Inserted: (2) by inserting after paragraph (7)(C) the following:

   Inserted: "(8) acting as an employer, knowingly and intentionally--

   Inserted: "(A) for the purposes of employing, promoting, or terminating employment, compels or coerces any person to authorize access, such as by providing a password or similar information through which a computer may be accessed, to a protected computer that is not the employer's protected computer, and thereby obtains information from such protected computer; or

   Inserted: "(B) discharges, disciplines, discriminates against in any manner, or threatens to take any such action against, any person--

   Inserted: "(i) for failing to authorize access described in subparagraph (A) to a protected computer that is not the employer's protected computer; or

   Inserted: "(ii) who has filed any complaint or instituted or caused to be instituted any proceeding under or related to this paragraph, or has testified or is about to testify in any such proceeding;".

   Inserted: (b) Fine.--Section 1030(c) of title 18, United States Code, is amended--

   Inserted: (1) in paragraph (4)(G)(ii), by striking the period at the end and inserting "; and"; and

   Inserted: (2) by adding at the end the following:

   Show 16 more inserted paragraphsShow less

   Inserted: "(5) a fine under this title, in the case of an offense under subsection (a)(8) or an attempt to commit an offense punishable under this paragraph.".

   Inserted: (c) Definitions.--Section 1030(e) of title 18, United States Code, is amended--

   Inserted: (1) in paragraph (11), by striking "and" after the semicolon;

   Inserted: (2) in paragraph (12), by striking the period and inserting a semicolon; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(13) the term 'employee' means an employee, as such term is defined in section 201(2) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff(2));

   Inserted: "(14) the term 'employer' means an employer, as such term is defined in such section 201(2); and

   Inserted: "(15) the term 'employer's protected computer' means a protected computer of the employer, including any protected computer owned, operated, or otherwise controlled by, for, or on behalf of that employer.".

   Inserted: (d) Exceptions.--Section 1030(f) of title 18, United States Code, is amended--

   Inserted: (1) by striking "(f) This" and inserting "(f)(1) This"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(2)(A) Nothing in subsection (a)(8) shall be construed to limit the authority of a court of competent jurisdiction to grant equitable relief in a civil action, if the court determines that there are specific and articulable facts showing that there are reasonable grounds to believe that the information sought to be obtained is relevant and material to protecting the intellectual property, a trade secret, or confidential business information of the party seeking the relief.

   Inserted: "(B) Notwithstanding subsection (a)(8), the prohibition in such subsection shall not apply to an employer's actions if--

   Inserted: "(i) the employer discharges or otherwise disciplines an individual for good cause and an activity protected under subsection (a)(8) is not a motivating factor for the discharge or discipline of the individual;

   Inserted: "(ii) a State enacts a law that specifically waives subsection (a)(8) with respect to a particular class of State government employees or employees who work with individuals under 13 years of age, and the employer's action relates to an employee in such class; or

   Inserted: "(iii) an Executive agency (as defined in section 105 of title 5), a military department (as defined in section 102 of such title), or any other entity within the executive branch that comes into the possession of classified information, including the Defense Intelligence Agency, National Security Agency, and National Reconnaissance Office, specifically waives subsection (a)(8) with respect to a particular class of employees requiring eligibility for access to classified information under Executive Order 12968 (60 Fed. Reg. 40245), or any successor thereto, and the employer's action relates to an employee in such class.".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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

As printed