II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘International Cyber5 crime Prevention Act’’. 

6 SEC. 2. PREDICATE OFFENSES. 

7 Part I of title 18, United States Code, is amended— 

8 (1) in section 1956(c)(7)(D)— 

9 (A) by striking ‘‘or section 2339D’’ and in10 serting ‘‘section 2339D’’; and 


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1 (B) by striking ‘‘of this title, section 

2 46502’’ and inserting ‘‘, or section 2512 (relat3 ing to the manufacture, distribution, possession, 

4 and advertising of wire, oral, or electronic com5 munication intercepting devices) of this title, 

6 section 46502’’; and 

7 (2) in section 1961(1), by inserting ‘‘section 

8 1030 (relating to fraud and related activity in con9 nection with computers) if the act indictable under 

10 section 1030 is felonious,’’ before ‘‘section 1084’’. 

11 SEC. 3. FORFEITURE. 

12 (a) IN GENERAL.—Section 2513 of title 18, United 

13 States Code, is amended to read as follows: 

14 ‘‘§ 2513. Confiscation of wire, oral, or electronic com15 munication intercepting devices and 

16 other property 

17 ‘‘(a) CRIMINAL FORFEITURE.— 

18 ‘‘(1) IN GENERAL.—The court, in imposing a 

19 sentence on any person convicted of a violation of 

20 section 2511 or 2512, or convicted of conspiracy to 

21 violate section 2511 or 2512, shall order, in addition 

22 to any other sentence imposed and irrespective of 

23 any provision of State law, that such person forfeit 

24 to the United States— 


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1 ‘‘(A) such person’s interest in any prop2 erty, real or personal, that was used or intended 

3 to be used to commit or to facilitate the com4 mission of such violation; and 

5 ‘‘(B) any property, real or personal, consti6 tuting or derived from any gross proceeds, or 

7 any property traceable to such property, that 

8 such person obtained or retained directly or in9 directly as a result of such violation. 

10 ‘‘(2) FORFEITURE PROCEDURES.—Pursuant to 

11 section 2461(c) of title 28, the provisions of section 

12 413 of the Controlled Substances Act (21 U.S.C. 

13 853), other than subsection (d) thereof, shall apply 

14 to criminal forfeitures under this subsection. 

15 ‘‘(b) CIVIL FORFEITURE.— 

16 ‘‘(1) IN GENERAL.—The following shall be sub17 ject to forfeiture to the United States in accordance 

18 with provisions of chapter 46, and no property right 

19 shall exist in them: 

20 ‘‘(A) Any property, real or personal, used 

21 or intended to be used, in any manner, to com22 mit, or facilitate the commission of a violation 

23 of section 2511 or 2512, or a conspiracy to vio24 late section 2511 or 2512. 


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1 ‘‘(B) Any property, real or personal, con2 stituting, or traceable to the gross proceeds 

3 taken, obtained, or retained in connection with 

4 or as a result of a violation of section 2511 or 

5 2512, or a conspiracy to violate section 2511 or 

6 2512. 

7 ‘‘(2) FORFEITURE PROCEDURES.—Seizures and 

8 forfeitures under this subsection shall be governed 

9 by the provisions of chapter 46, relating to civil for10 feitures, except that such duties as are imposed on 

11 the Secretary of the Treasury under the customs 

12 laws described in section 981(d) shall be performed 

13 by such officers, agents, and other persons as may 

14 be designated for that purpose by the Secretary of 

15 Homeland Security or the Attorney General.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

17 The table of sections for chapter 119 is amended by strik18 ing the item relating to section 2513 and inserting the 

19 following: 

‘‘2513. Confiscation of wire, oral, or electronic communication intercepting devices and other property.’’. 

20 SEC. 4. SHUTTING DOWN BOTNETS. 

21 (a) AMENDMENT.—Section 1345 of title 18, United 

22 States Code, is amended— 

23 (1) in the heading, by inserting ‘‘and abuse’’ 

24 after ‘‘fraud’’; 


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1 (2) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) in subparagraph (B), by striking 

4 ‘‘or’’ at the end; 

5 (ii) in subparagraph (C), by inserting 

6 ‘‘or’’ after the semicolon; and 

7 (iii) by inserting after subparagraph 

8 (C) the following: 

9 ‘‘(D) violating or about to violate section 

10 1030(a)(5) of this title where such conduct has 

11 caused or would cause damage (as defined in 

12 section 1030) without authorization to 100 or 

13 more protected computers (as defined in section 

14 1030) during any 1-year period, including by— 

15 ‘‘(i) impairing the availability or in16 tegrity of the protected computers without 

17 authorization; or 

18 ‘‘(ii) installing or maintaining control 

19 over malicious software on the protected 

20 computers that, without authorization, has 

21 caused or would cause damage to the pro22 tected computers;’’; and 

23 (B) in paragraph (2), in the matter pre24 ceding subparagraph (A), by inserting ‘‘, a vioVerDate Sep 11 2014 05:06 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2139.IS S2139

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1 lation described in subsection (a)(1)(D),’’ before 

2 ‘‘or a Federal’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(c) A restraining order, prohibition, or other action 

5 described in subsection (b), if issued in circumstances de6 scribed in subsection (a)(1)(D), may, upon application of 

7 the Attorney General— 

8 ‘‘(1) specify that no cause of action shall lie in 

9 any court against a person for complying with the 

10 restraining order, prohibition, or other action; and 

11 ‘‘(2) provide that the United States shall pay to 

12 such person a fee for reimbursement for such costs 

13 as are reasonably necessary and which have been di14 rectly incurred in complying with the restraining 

15 order, prohibition, or other action.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

17 The table of sections for chapter 63 of title 18, United 

18 States Code, is amended by striking the item relating to 

19 section 1345 and inserting the following: 

‘‘1345. Injunctions against fraud and abuse.’’. 

20 SEC. 5. AGGRAVATED DAMAGE TO A CRITICAL INFRA21 STRUCTURE COMPUTER. 

22 (a) IN GENERAL.—Chapter 47 of title 18, United 

23 States Code, is amended by inserting after section 1030 

24 the following: 


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1 ‘‘§ 1030A. Aggravated damage to a critical infrastruc2 ture computer 

3 ‘‘(a) OFFENSE.—It shall be unlawful, during and in 

4 relation to a felony violation of section 1030, to knowingly 

5 cause or attempt to cause damage to a critical infrastruc6 ture computer, if such damage results in (or, in the case 

7 of an attempted offense, would, if completed, have resulted 

8 in) the substantial impairment— 

9 ‘‘(1) of the operation of the critical infrastruc10 ture computer; or 

11 ‘‘(2) of the critical infrastructure associated 

12 with such computer. 

13 ‘‘(b) PENALTY.—Any person who violates subsection 

14 (a) shall, in addition to the term of punishment provided 

15 for the felony violation of section 1030, be fined under 

16 this title, imprisoned for not more than 20 years, or both. 

17 ‘‘(c) CONSECUTIVE SENTENCE.—Notwithstanding 

18 any other provision of law— 

19 ‘‘(1) a court shall not place any person con20 victed of a violation of this section on probation; 

21 ‘‘(2) except as provided in paragraph (4), no 

22 term of imprisonment imposed on a person under 

23 this section shall run concurrently with any term of 

24 imprisonment imposed on the person under any 

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1 onment imposed for the felony violation of section 

2 1030; 

3 ‘‘(3) in determining any term of imprisonment 

4 to be imposed for the felony violation of section 

5 1030, a court shall not in any way reduce the term 

6 to be imposed for such violation to compensate for, 

7 or otherwise take into account, any separate term of 

8 imprisonment imposed or to be imposed for a viola9 tion of this section; and 

10 ‘‘(4) a term of imprisonment imposed on a per11 son for a violation of this section may, in the discre12 tion of the court, run concurrently, in whole or in 

13 part, only with another term of imprisonment that 

14 is imposed by the court at the same time on that 

15 person for an additional violation of this section, if 

16 such discretion shall be exercised in accordance with 

17 any applicable guidelines and policy statements 

18 issued by the United States Sentencing Commission 

19 pursuant to section 994 of title 28. 

20 ‘‘(d) DEFINITIONS.—In this section— 

21 ‘‘(1) the terms ‘computer’ and ‘damage’ have 

22 the meanings given the terms in section 1030; and 

23 ‘‘(2) the term ‘critical infrastructure’ means 

24 systems and assets, whether physical or virtual, so 

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1 struction of such systems and assets would have cat2 astrophic regional or national effects on public 

3 health or safety, economic security, or national secu4 rity, including voter registration databases, voting 

5 machines, and other communications systems that 

6 manage the election process or report and display 

7 results on behalf of State and local governments.’’. 

8 (b) TABLE OF SECTIONS.—The table of sections for 

9 chapter 47 of title 18, United States Code, is amended 

10 by inserting after the item relating to section 1030 the 

11 following: 

‘‘1030A. Aggravated damage to a critical infrastructure computer.’’. 

12 SEC. 6. STOPPING TRAFFICKING IN BOTNETS; FOR13 FEITURE. 

14 Section 1030 of title 18, United States Code, is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (7), by adding ‘‘or’’ at 

18 the end; and 

19 (B) by inserting after paragraph (7) the 

20 following: 

21 ‘‘(8) intentionally traffics in the means of ac22 cess to a protected computer, if— 

23 ‘‘(A) the trafficker knows or has reason to 

24 know the protected computer has been damaged 

25 in a manner prohibited by this section; and 


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1 ‘‘(B) the promise or agreement to pay for 

2 the means of access is made by, or on behalf of, 

3 a person the trafficker knows or has reason to 

4 know intends to use the means of access to— 

5 ‘‘(i) damage a protected computer in 

6 a manner prohibited by this section; or 

7 ‘‘(ii) violate section 1037 or 1343;’’; 

8 (2) in subsection (c)(3)— 

9 (A) in subparagraph (A), by striking 

10 ‘‘(a)(4) or (a)(7)’’ and inserting ‘‘(a)(4), (a)(7), 

11 or (a)(8)’’; and 

12 (B) in subparagraph (B), by striking 

13 ‘‘(a)(4), or (a)(7)’’ and inserting ‘‘(a)(4), 

14 (a)(7), or (a)(8)’’; 

15 (3) in subsection (e)— 

16 (A) in paragraph (13), by striking ‘‘and’’ 

17 at the end; 

18 (B) in paragraph (14), by striking the pe19 riod at the end and inserting ‘‘; and’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(15) the term ‘traffic’, except as provided in 

22 subsection (a)(6), means transfer, or otherwise dis23 pose of, to another as consideration for the receipt 

24 of, or as consideration for a promise or agreement 

25 to pay, anything of pecuniary value.’’; 


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1 (4) in subsection (g), in the first sentence, by 

2 inserting ‘‘, except for a violation of subsection 

3 (a)(8),’’ after ‘‘of this section’’; and 

4 (5) by striking subsections (i) and (j) and in5 serting the following: 

6 ‘‘(i) CRIMINAL FORFEITURE.— 

7 ‘‘(1) IN GENERAL.—The court, in imposing sen8 tence on any person convicted of a violation of this 

9 section, or convicted of conspiracy to violate this sec10 tion, shall order, in addition to any other sentence 

11 imposed and irrespective of any provision of State 

12 law, that such person forfeit to the United States— 

13 ‘‘(A) such person’s interest in any prop14 erty, real or personal, that was used or intended 

15 to be used to commit or to facilitate the com16 mission of such violation; and 

17 ‘‘(B) any property, real or personal, consti18 tuting or derived from any gross proceeds, or 

19 any property traceable to such property, that 

20 such person obtained, directly or indirectly, as 

21 a result of such violation. 

22 ‘‘(2) APPLICABLE PROVISIONS.—The criminal 

23 forfeiture of property under this subsection, includ24 ing any seizure and disposition of the property, and 

25 any related judicial or administrative proceeding, 


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1 shall be governed by the provisions of section 413 of 

2 the Controlled Substances Act (21 U.S.C. 853), ex3 cept subsection (d) of that section. 

4 ‘‘(j) CIVIL FORFEITURE OF PROPERTY USED IN THE

5 COMMISSION OF AN OFFENSE.— 

6 ‘‘(1) IN GENERAL.—Any personal property, in7 cluding any Internet domain name or Internet Pro8 tocol address, that was used or intended to be used 

9 to commit or to facilitate the commission of any vio10 lation of this section, or a conspiracy to violate this 

11 section shall be subject to forfeiture to the United 

12 States, and no property right shall exist in such 

13 property. 

14 ‘‘(2) APPLICABLE PROVISIONS.—Seizures and 

15 forfeitures under this subsection shall be governed 

16 by the provisions of chapter 46 relating to civil for17 feitures, except that such duties as are imposed on 

18 the Secretary of the Treasury under the customs 

19 laws described in section 981(d) shall be performed 

20 by such officers, agents, and other persons as may 

21 be designated for that purpose by the Secretary of 

22 Homeland Security or the Attorney General.’’. 

Æ 


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