[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[Senate]
[Pages S7654-S7655]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4189. Mr. WHITEHOUSE (for himself and Mr. Graham) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 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. ___. 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 of title 18, United States Code, 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.''.

[[Page S7655]]

       (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)'';
       (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, 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.''.
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