To amend title 18, United States Code, to protect Americans from cybercrime.

SA 2626. Mr. WHITEHOUSE submitted an amendment intended to be
proposed by him to the bill S. 754, to improve cybersecurity in the
United States through enhanced sharing of information about
cybersecurity threats, and for other purposes; which was ordered to lie
on the table; as follows:

At the end, add the following:

SEC. __. STOPPING THE SALE OF AMERICANS' FINANCIAL
INFORMATION.

Section 1029(h) of title 18, United States Code, is amended
by striking ``if--'' and all that follows through
``therefrom.'' and inserting ``if the offense involves an
access device issued, owned, managed, or controlled by a
financial institution, account issuer, credit card system
member, or other entity organized under the laws of the
United States, or any State, the District of Columbia, or
other Territory of the United States.''.

SEC. __. SHUTTING DOWN BOTNETS.

(a) Amendment.--Section 1345 of title 18, United States
Code, is amended--
(1) in the heading, by inserting ``and abuse'' after
``fraud'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``or'' at the end;
(ii) in subparagraph (C), by inserting ``or'' after the
semicolon; and
(iii) by inserting after subparagraph (C) the following:
``(D) violating or about to violate paragraph (1), (4),
(5), or (7) of section 1030(a) where such conduct would
affect 100 or more protected computers (as defined in section
1030) during any 1-year period, including by denying access
to or operation of the computers, installing malicious
software on the computers, or using the computers without
authorization;''; and
(B) in paragraph (2), by inserting ``, a violation
described in subsection (a)(1)(D),'' before ``or a Federal'';
and
(3) by adding at the end the following:
``(c) A restraining order, prohibition, or other action
described in subsection (b), if issued in circumstances
described in subsection (a)(1)(D), may, upon application of
the Attorney General--
``(1) specify that no cause of action shall lie in any
court against a person for complying with the restraining
order, prohibition, or other action; and
``(2) provide that the United States shall pay to such
person a fee for reimbursement for such costs as are
reasonably necessary and which have been directly incurred in
complying with the restraining order, prohibition, or other
action.''.
(b) Technical and Conforming Amendment.--The table of
section for chapter 63 is amended by striking the item
relating to section 1345 and inserting the following:

``1345. Injunctions against fraud and abuse.''.

SEC. __. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE
COMPUTER.

(a) In General.--Chapter 47 of title 18, United States
Code, is amended by inserting after section 1030 the
following:

[[Page S6416]]

``Sec. 1030A. Aggravated damage to a critical infrastructure
computer

``(a) Offense.--It shall be unlawful, during and in
relation to a felony violation of section 1030, to knowingly
cause or attempt to cause damage to a critical infrastructure
computer, if such damage results in (or, in the case of an
attempted offense, would, if completed have resulted in) the
substantial impairment--
``(1) of the operation of the critical infrastructure
computer; or
``(2) of the critical infrastructure associated with such
computer.
``(b) Penalty.--Any person who violates subsection (a)
shall, in addition to the term of punishment provided for the
felony violation of section 1030, be fined under this title,
imprisoned for not more than 20 years, or both.
``(c) Consecutive Sentence.--Notwithstanding any other
provision of law--
``(1) a court shall not place any person convicted of a
violation of this section on probation;
``(2) except as provided in paragraph (4), no term of
imprisonment imposed on a person under this section shall run
concurrently with any term of imprisonment imposed on the
person under any other provision of law, including any term
of imprisonment imposed for the felony violation of section
1030;
``(3) in determining any term of imprisonment to be imposed
for the felony violation of section 1030, a court shall not
in any way reduce the term to be imposed for such violation
to compensate for, or otherwise take into account, any
separate term of imprisonment imposed or to be imposed for a
violation of this section; and
``(4) a term of imprisonment imposed on a person for a
violation of this section may, in the discretion of the
court, run concurrently, in whole or in part, only with
another term of imprisonment that is imposed by the court at
the same time on that person for an additional violation of
this section, if such discretion shall be exercised in
accordance with any applicable guidelines and policy
statements issued by the United States Sentencing Commission
pursuant to section 994 of title 28.
``(d) Definitions.--In this section
``(1) the terms `computer' and `damage' have the meanings
given the terms in section 1030; and
``(2) the term `critical infrastructure' has the meaning
given the term in section 1016(e) of the USA PATRIOT Act (42
U.S.C. 5195c(e)).''.
(b) Table of Sections.--The table of sections for chapter
47 of title 18, United States Code, is amended by inserting
after the item relating to section 1030 the following:

``1030A. Aggravated damage to a critical infrastructure computer.''.

SEC. __. STOPPING TRAFFICKING IN BOTNETS.

(a) In General.--Section 1030 of title 18, United States
Code, is amended--
(1) in subsection (a), by striking paragraph (6) and
inserting the following:
``(6) knowing such conduct to be wrongful, intentionally
traffics in any password or similar information, or any other
means of access, further knowing or having reason to know
that a protected computer would be accessed or damaged
without authorization in a manner prohibited by this section
as the result of such trafficking;'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``, (a)(3), or (a)(6)''
each place it appears and inserting ``or (a)(3)''; and
(B) in paragraph (4)--
(i) in subparagraph (C)(i), by striking ``or an attempt to
commit an offense''; and
(ii) in subparagraph (D), by striking clause (ii) and
inserting the following:
``(ii) an offense, or an attempt to commit an offense,
under subsection (a)(6);''; and
(3) in subsection (g), in the first sentence, by inserting
``, except for a violation of subsection (a)(6),'' after ``of
this section''.
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