[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2931 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2931

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2016

Mr. Graham (for himself, Mr. Whitehouse, and Mr. Blumenthal) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Botnet Prevention Act of 2016''.

SEC. 2. 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 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
                    (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 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.''.

SEC. 3. 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:
``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' 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.''.
    (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. 4. STOPPING TRAFFICKING IN BOTNETS.

    (a) In General.--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 traffics in the means of access to a 
        protected computer, if--
                    ``(A) the trafficker 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 
                trafficker knows or has reason to know intends to use 
                the means of access to--
                            ``(i) damage the 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)'';
            (3) in subsection (e)--
                    (A) in paragraph (11), by striking ``and'' at the 
                end;
                    (B) in paragraph (12), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(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
            (4) in subsection (g), in the first sentence, by inserting 
        ``, except for a violation of subsection (a)(8),'' after ``of 
        this section''.
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