[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Pages S5064-S5065]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5663. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 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

[[Page S5065]]

other purposes; 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.--Chapter 97 of title 28, United States 
     Code, is amended by inserting after section 1605B the 
     following:

     ``Sec. 1605C. 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) Technical and Conforming Amendment.--The table of 
     sections for chapter 97 of title 28, United States Code, is 
     amended by inserting after the item relating to section 1605B 
     the following:

``1605C. Computer intrusions by a foreign state.''.
       (c) Application.--This section and the amendments made by 
     this section shall apply to any action pending on or filed on 
     or after the date of the enactment of this Act.
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