[Congressional Record Volume 163, Number 148 (Wednesday, September 13, 2017)]
[Senate]
[Pages S5680-S5681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1025. Mr. WHITEHOUSE (for himself and Mr. Graham) submitted an
amendment intended to be proposed to amendment SA 1003 proposed by Mr.
McCain (for himself and Mr. Reed) to the bill H.R. 2810, to authorize
appropriations for fiscal year 2018 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. BOTNET PREVENTION.
(a) Short Title.--This section may be cited as the ``Botnet
Prevention Act of 2017''.
(b) 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), 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
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.''.
(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.''.
(c) Aggravated Damage to a Critical Infrastructure
Computer.--
(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 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.''.
(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 a critical infrastructure computer.''.
(d) Stopping Trafficking in Botnets.--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 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)'';
(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
[[Page S5681]]
(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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