S.Amdt. 2578

SA 2578. Mr. WHITEHOUSE (for himself and Mr. Graham) submitted an
amendment intended to be proposed to amendment SA 2137 proposed by Mr.
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr.
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr.
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for
Federal-aid highways, highway safety programs, and transit programs,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end, add the following:

SEC. ___. PREVENTING INTERNATIONAL CYBERCRIME.

(a) Predicate Offenses.--Part I of title 18, United States
Code, is amended--
(1) in section 1956(c)(7)(D)--
(A) by striking ``or section 2339D'' and inserting
``section 2339D''; and
(B) by striking ``of this title, section 46502'' and
inserting ``, or section 2512 (relating to the manufacture,
distribution, possession, and advertising of wire, oral, or
electronic communication intercepting devices) of this title,
section 46502''; and
(2) in section 1961(1), by inserting ``section 1030
(relating to fraud and related activity in connection with
computers) if the act indictable under section 1030 is
felonious,'' before ``section 1084''.
(b) Forfeiture.--
(1) In general.--Section 2513 of title 18, United States
Code, is amended to read as follows:

``Sec. 2513. Confiscation of wire, oral, or electronic
communication intercepting devices and other property

``(a) In General.--The court, in imposing a sentence on any
person convicted of a violation of section 2511 or 2512, or
convicted of conspiracy to violate section 2511 or 2512,
shall order, in addition to any other sentence imposed and
irrespective of any provision of State law, that such person
forfeit to the United States--
``(1) such person's interest in any property, real or
personal, that was used or intended to be used to commit or
to facilitate the commission of a violation of section 2511
or 2512; and
``(2) any property, real or personal, constituting or
derived from any gross proceeds, or any property traceable to
such property, that such person obtained or retained directly
or indirectly as a result of a violation of section 2511 or
2512.
``(b) Forfeiture Procedures.--Pursuant to section 2461(c)
of title 28, the procedures of section 413 of the Controlled
Substances Act (21 U.S.C. 853), other than subsection (d)
thereof, shall apply to criminal forfeitures under this
section.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 119 is amended by striking the item
relating to section 2513 and inserting the following:

``2513. Confiscation of wire, oral, or electronic communication
intercepting devices and other property.''.
(c) Shutting Down Botnets.--
(1) Amendment.--Section 1345 of title 18, United States
Code, is amended--
(A) in the heading, by inserting ``and abuse'' after
``fraud'';
(B) in subsection (a)--
(i) 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 section 1030(a)(5) of
this title 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--
``(i) impairing the availability or integrity of the
protected computers without authorization; or
``(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
(ii) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``, a violation described in subsection
(a)(1)(D),'' before ``or a Federal''; and
(C) by adding at the end the following:
``(c) A restraining order, prohibition, or other action by
a court 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 by a court; 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 by a court.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 63 of title 18, United States Code, is
amended by striking the item relating to section 1345 and
inserting the following:

``1345. Injunctions against fraud and abuse.''.
(d) Aggravated Damage to Computers Used to Operate or
Access Critical Systems and Assets.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by inserting after section 1030 the
following:

``Sec. 1030A. Aggravated damage to computers used to operate
or access critical systems and assets

``(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 computer used to
operate or access critical systems and assets, 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 computer; or
``(2) of the critical systems and assets 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) Prohibition on Probation.--Notwithstanding any other
provision of law, a court shall not place any person
convicted of a violation of this section on probation;
``(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 systems and assets' 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, including voter registration
databases, voting machines, and other communications systems
that manage the election process or report and display
results on behalf of State and local governments.''.
(2) 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 computers used to operate or access
critical systems and assets.''.
(e) Stopping Dealing in Botnets; Forfeiture.--Section 1030
of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (7), by adding ``or'' at the end; and
(B) by inserting after paragraph (7) the following:
``(8) intentionally deals in the means of access to a
protected computer, if--
``(A) the dealer knows or has reason to know the protected
computer has been damaged in a manner prohibited by this
section; and
``(B) the promise or agreement to pay for the means of
access is made by, or on behalf of, a person the dealer knows
or has reason to know intends to use the means of access to--
``(i) damage a protected computer in a manner prohibited by
this section; or
``(ii) violate section 1037 or 1343;'';
(2) in subsection (c)(3)--
(A) in subparagraph (A), by striking ``(a)(4) or (a)(7)''
and inserting ``(a)(4), (a)(7), or (a)(8)''; and
(B) in subparagraph (B), by striking ``(a)(4), or (a)(7)''
and inserting ``(a)(4), (a)(7), or (a)(8)''; and
(3) in subsection (e)--
(A) in paragraph (13), by striking ``and'' at the end;
(B) in paragraph (14), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(15) the term `deal' 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.'';
(4) in subsection (g), in the first sentence, by inserting
``, except for a violation of subsection (a)(8),'' after ``of
this section''; and
(5) by striking subsection (i) and inserting the following:
``(i) Criminal Forfeiture.--
``(1) In general.--The court, in imposing a sentence on any
person convicted of a violation of this section, or convicted
of conspiracy to violate this section, shall order, in
addition to any other sentence imposed and irrespective of
any provision of State law, that such person forfeit to the
United States--
``(A) such person's interest in any property, real or
personal, that was used or intended to be used to commit or
to facilitate the commission of such violation; and
``(B) any property, real or personal, constituting or
derived from any gross proceeds, or any property traceable to
such property, that such person obtained, directly or
indirectly, as a result of such violation.
``(2) Applicable provisions.--The criminal forfeiture of
property under this subsection,

[[Page S5970]]

including any seizure and disposition of the property, and
any related judicial proceeding, shall be governed by the
procedures of section 413 of the Controlled Substances Act
(21 U.S.C. 853), except subsection (d) of that section.''.
______