S.Amdt. 5450

SA 5450. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. FOREIGN STATE COMPUTER INTRUSIONS.

(a) In General.--Section 1605B of title 28, United States
Code, is amended by adding at the end the following:
``(e) 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 section and the amendment made by
this section shall apply to any action pending on, or filed
on or after, the date of the enactment of this Act.

[[Page S4346]]

______