[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2139 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2139
To amend title 18, United States Code, to prevent international
cybercrime, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 21, 2021
Mr. Whitehouse (for himself, Mr. Graham, Mr. Tillis, 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 prevent international
cybercrime, and for other purposes.
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 ``International Cybercrime Prevention
Act''.
SEC. 2. 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''.
SEC. 3. FORFEITURE.
(a) 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) Criminal Forfeiture.--
``(1) 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--
``(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
or retained directly or indirectly as a result of such
violation.
``(2) Forfeiture procedures.--Pursuant to section 2461(c)
of title 28, the provisions 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
subsection.
``(b) Civil Forfeiture.--
``(1) In general.--The following shall be subject to
forfeiture to the United States in accordance with provisions
of chapter 46, and no property right shall exist in them:
``(A) Any property, real or personal, used or
intended to be used, in any manner, to commit, or
facilitate the commission of a violation of section
2511 or 2512, or a conspiracy to violate section 2511
or 2512.
``(B) Any property, real or personal, constituting,
or traceable to the gross proceeds taken, obtained, or
retained in connection with or as a result of a
violation of section 2511 or 2512, or a conspiracy to
violate section 2511 or 2512.
``(2) Forfeiture procedures.--Seizures and forfeitures
under this subsection shall be governed by the provisions of
chapter 46, relating to civil forfeitures, except that such
duties as are imposed on the Secretary of the Treasury under
the customs laws described in section 981(d) shall be performed
by such officers, agents, and other persons as may be
designated for that purpose by the Secretary of Homeland
Security or the Attorney General.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 119 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.''.
SEC. 4. 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), in the matter preceding
subparagraph (A), 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. 5. 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, 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.''.
(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. 6. STOPPING TRAFFICKING 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 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 (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 `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.'';
(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 subsections (i) and (j) and inserting the
following:
``(i) Criminal Forfeiture.--
``(1) In general.--The court, in imposing 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 or
administrative proceeding, shall be governed by the provisions
of section 413 of the Controlled Substances Act (21 U.S.C.
853), except subsection (d) of that section.
``(j) Civil Forfeiture of Property Used in the Commission of an
Offense.--
``(1) In general.--Any personal property, including any
Internet domain name or Internet Protocol address, that was
used or intended to be used to commit or to facilitate the
commission of any violation of this section, or a conspiracy to
violate this section shall be subject to forfeiture to the
United States, and no property right shall exist in such
property.
``(2) Applicable provisions.--Seizures and forfeitures
under this subsection shall be governed by the provisions of
chapter 46 relating to civil forfeitures, except that such
duties as are imposed on the Secretary of the Treasury under
the customs laws described in section 981(d) shall be performed
by such officers, agents, and other persons as may be
designated for that purpose by the Secretary of Homeland
Security or the Attorney General.''.
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