[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Pages S4345-S4346]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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]]

  

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