S.Amdt. 2713

1. Adds SEC. __. STOPPING THE SALE OF AMERICANS' FINANCIAL INFORMATION at the end of the bill

   Adds a section

   In S. 754 · Placed on Calendar Senate

   (b) Modification of Limitation on Dissemination of Certain Information Concerning Penetrations of Defense Contractor Networks.-- Section 941(c)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2224 note) is amended by inserting at the end the following: "The Secretary may share such information with other Federal entities if such information consists of cyber threat indicators and defensive measures and such information is shared consistent with the policies and procedures promulgated by the Attorney General under section 5 of the Cybersecurity Information Sharing Act of 2015.".

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

   Inserted: Section 1029(h) of title 18, United States Code, is amended by striking "title if--" and all that follows through "therefrom." and inserting "title 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.".

   Inserted: SEC. __. SHUTTING DOWN BOTNETS.

   Inserted: (a) Amendment.--Section 1345 of title 18, United States Code, is amended--

   Inserted: (1) in the heading, by inserting "and abuse" after "fraud";

   Inserted: (2) in subsection (a)--

   Inserted: (A) in paragraph (1)--

   Inserted: (i) in subparagraph (B), by striking "or" at the end;

   Inserted: (ii) in subparagraph (C), by inserting "or" after the semicolon; and

   Inserted: (iii) by inserting after subparagraph (C) the following:

   Inserted: "(D) violating or about to violate section 1030(a)(5) where such conduct has caused or would cause damage (as defined in section 1030) without authorization to 100 or more protected computers (as defined in section 1030) during any 1-year period, including by--

   Inserted: "(i) impairing the availability or integrity of the protected computers without authorization; or

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   Inserted: "(ii) installing or maintaining control over malicious software on the protected computers that, without authorization, has caused or would cause damage to the protected computers;"; and

   Inserted: (B) in paragraph (2), by inserting ", a violation described in subsection (a)(1)(D)," before "or a Federal"; and

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

   Inserted: "(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--

   Inserted: "(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

   Inserted: "(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.".

   Inserted: (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:

   Inserted: "1345. Injunctions against fraud and abuse.".

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

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

   Inserted: "Sec. 1030A. Aggravated damage to a critical infrastructure computer

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(c) Consecutive Sentence.--Notwithstanding any other provision of law--

   Inserted: "(1) a court shall not place any person convicted of a violation of this section on probation;

   Inserted: "(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;

   Inserted: "(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

   Inserted: "(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.

   Inserted: "(d) Definitions.--In this section

   Inserted: "(1) the terms 'computer' and 'damage' have the meanings given the terms in section 1030; and

   Inserted: "(2) the term 'critical infrastructure' means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have catastrophic regional or national effects on public health or safety, economic security, or national security.".

   Inserted: (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:

   Inserted: "1030A. Aggravated damage to a critical infrastructure computer.".

   Inserted: SEC. __. STOPPING TRAFFICKING IN BOTNETS.

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

   Inserted: (1) in subsection (a)--

   Inserted: (A) in paragraph (7), by adding "or" at the end; and

   Inserted: (B) by inserting after paragraph (7) the following:

   Inserted: "(8) intentionally traffics in the means of access to a protected computer, if--

   Inserted: "(A) the trafficker knows or has reason to know the protected computer has been damaged in a manner prohibited by this section; and

   Inserted: "(B) the promise or agreement to pay for the means of access is made by, or on behalf of, a person the trafficker knows or has reason to know intends to use the means of access to--

   Inserted: "(i) damage the protected computer in a manner prohibited by this section; or

   Inserted: "(ii) violate section 1037 or 1343;";

   Inserted: (2) in subsection (c)(3)--

   Inserted: (A) in subparagraph (A), by striking "(a)(4) or (a)(7)" and inserting "(a)(4), (a)(7), or (a)(8)"; and

   Inserted: (B) in subparagraph (B), by striking "(a)(4), or (a)(7)" and inserting "(a)(4), (a)(7), or (a)(8)";

   Inserted: (3) in subsection (e)--

   Inserted: (A) in paragraph (11), by striking "and" at the end;

   Inserted: (B) in paragraph (12), by striking the period at the end and inserting "; and"; and

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

   Inserted: "(13) the term 'traffic', except as provided in subsection (a)(6), means transfer, or otherwise dispose of, to another as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value."; and

   Inserted: (4) in subsection (g), in the first sentence, by inserting ", except for a violation of subsection (a)(8)," after "of this section".

   Original wording

   At the end, add the following:

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As printed