Defend COVID Research from Hackers Act
This bill authorizes the President to impose visa-blocking, property-blocking, or economic sanctions on a foreign person that is involved in activities that are reasonably likely to result in a significant threat to U.S. national security, foreign policy, public health, economic health, or financial stability.
The Department of State must submit a report detailing the extent of known or attempted cyber-enabled activities by foreign persons related to COVID-19 (i.e., coronavirus disease 2019) and assessing whether those activities qualify for the imposition of sanctions.
Further, the bill provides penalties for a person who knowingly traffics in access to a protected computer if the trafficker knows the protected computer has been damaged in a prohibited manner. The bill also authorizes an injunction against a person who causes damage through accessing a protected computer or transmitting a program, information, code, or command to a protected computer.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7708 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7708
To authorize the imposition of sanctions on certain foreign persons
that have threatened the national security, foreign policy, public
health, or economic health or financial stability of the United States,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 2020
Mr. McCarthy introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Foreign
Affairs, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize the imposition of sanctions on certain foreign persons
that have threatened the national security, foreign policy, public
health, or economic health or financial stability of the United States,
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 ``Defend COVID Research from Hackers
Act''.
SEC. 2. AUTHORIZATION OF IMPOSITION OF SANCTIONS ON CERTAIN FOREIGN
PERSONS.
(a) In General.--The President is authorized to impose sanctions
described in subsection (b) with respect to any foreign person
determined by the President--
(1) to be responsible for or complicit in, or to have
engaged in, directly or indirectly, activities, including
cyber-enabled activities, originating from, or directed by
foreign persons that are reasonably likely to result in, or
have materially contributed to, a significant threat to the
national security, foreign policy, public health, or economic
health or financial stability of the United States and that
have the purpose or effect of--
(A) harming, or otherwise significantly
compromising the provision of services by a computer or
network of computers that support one or more entities
in a critical infrastructure sector;
(B) significantly compromising the provision of
services by one or more entities in a critical
infrastructure sector;
(C) causing a significant disruption to the
availability of a computer or network of computers; or
(D) causing a significant misappropriation of funds
or economic resources, trade secrets, personal
identifiers, intellectual property, or financial
information for commercial or competitive advantage or
private financial gain;
(2) to be responsible for or complicit in, or to have
engaged in, or to have knowingly materially benefitted from,
the receipt or use for commercial or competitive advantage or
private financial gain, of funds or economic resources, trade
secrets, personal identifiers, intellectual property, or
financial information misappropriated through cyber-enabled
activities and with respect to which such actions are
reasonably likely to result in, or have materially contributed
to, a significant threat to the national security, foreign
policy, public health, or economic health or financial
stability of the United States;
(3) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of--
(A) any activity described in paragraphs (1) and
(2); or
(B) any person whose property or interests in
property are blocked pursuant to this section;
(4) to be owned or controlled by, or to have acted or
purported to act for or on behalf of, directly or indirectly,
any person whose property or interests in property are blocked
pursuant to this section; or
(5) to have attempted to engage in any of the activities
described in paragraphs (1) through (3).
(b) Sanctions Described.--The sanctions to be imposed with respect
to a foreign person described in subsection (a) are the following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except
that the requirements of section 202 of such Act (50 U.S.C.
1701) shall not apply) to the extent necessary to block and
prohibit all transactions in property and interests in property
of the person if such property and interests in property are in
the United States, come within the United States, or are or
come within the possession or control of a United States
person.
(2) Inadmissibility of certain individuals.--
(A) Ineligibility for visas, admission, or
parole.--An alien who is a foreign person under
subsection (a), or an alien who is an officer or
director of a foreign person under such subsection,
is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--An alien who is a
foreign person under subsection (a), or an alien who is
an officer or director of a foreign person under such
subsection, is subject to the following:
(i) Revocation of any visa or other entry
documentation regardless of when the visa or
other entry documentation is or was issued.
(ii) A revocation under clause (i) shall--
(I) take effect immediately; and
(II) cancel any other valid visa or
entry documentation that is in the
foreign person's or alien's possession,
as the case may be.
(c) Penalties.--The penalties provided for in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) shall apply to a person that violates, attempts to
violate, conspires to violate, or causes a violation of this section,
including regulations promulgated in accordance therewith, to the same
extent that such penalties apply to a person that commits an unlawful
act described in section 206(a) of such Act.
(d) Exception.--Sanctions imposed pursuant to this section shall
not apply to an alien if admitting or paroling the alien into the
United States is necessary to permit the United States to comply with
the Agreement regarding the Headquarters of the United Nations, signed
at Lake Success June 26, 1947, and entered into force November 21,
1947, between the United Nations and the United States, or other
applicable international obligations of the United States.
(e) Exception To Comply With National Security.--The following
activities shall be exempt from sanctions under this section:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.).
(2) Activities subject to any authorized intelligence or
law enforcement activities of the United States.
(f) Implementation and Regulatory Authority.--The President is
authorized to exercise all authorities provided to the President under
sections 203 and 205 of the International Emergency Economic Powers Act
(50 U.S.C. 1702 and 1704) to carry out this Act and may issue such
regulations, licenses, and orders as are necessary to carry out this
Act.
(g) Exception Related to the Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions pursuant to this section shall not include the
authority or requirement to impose sanctions on the importation
of goods.
(2) Good defined.--In this section, the term ``good'' means
any article, natural or man-made substance, material, supply or
manufactured product, including inspection and test equipment
and excluding technical data.
(h) Report on Cyber-Enabled Activities.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Director of National Intelligence, shall
submit to the appropriate congressional committees a report
detailing the extent of known cyber-enabled activities or
attempted cyber-enabled activities as described in this section
by foreign persons related to the 2019 novel coronavirus and
whether such activities qualify for the imposition of sanctions
pursuant to this section.
(2) Form.--The report required under subsection (a) shall
be unclassified but may contain a classified annex.
(i) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given such terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the House of Representatives--
(i) the Committee on Foreign Affairs; and
(ii) the Committee on Ways and Means; and
(B) in the Senate--
(i) the Committee on Foreign Relations; and
(ii) the Committee on Banking, Housing, and
Urban Affairs.
(3) Critical infrastructure sector.--The term ``critical
infrastructure sector'' means any of the designated critical
infrastructure sectors identified in Presidential Policy
Directive 21.
(4) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(5) Foreign government.--The term ``foreign government''
means any government of a country other than the United States.
(6) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(7) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) Misappropriation.--The term ``misappropriation'' means
any taking or obtaining by improper means, without permission
or consent, or under false pretenses.
(9) Person.--The term ``person'' means an individual or
entity.
(10) United states person.--The term ``United States
person'' means any United States citizen, permanent resident
alien, entity organized under the laws of the United States or
any jurisdiction within the United States (including foreign
branches), or any person in the United States.
SEC. 3. STOPPING TRAFFICKING IN BOTNETS.
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 adding at the end the following new
paragraph:
``(8) knowingly traffics in access to a protected computer,
if the trafficker knows the protected computer has been damaged
in a manner prohibited by this section.'';
(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 (11), by striking ``and'' at the
end;
(B) in paragraph (12), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(13) the term `traffic' has the meaning given such term
in section 1029(e)(5) of this title.''; and
(4) in subsection (g), by inserting ``, except for a
violation of subsection (a)(8),'' after ``violation of this
section''.
SEC. 4. INJUNCTIONS AGAINST FRAUD AND ABUSE.
Section 1345 of title 18, United States Code, is amended--
(1) in the section heading by striking ``fraud'' and
inserting ``fraud and abuse'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) subparagraph (B), by striking ``; or''
and inserting a semicolon;
(ii) in subparagraph (C), by striking the
semicolon and inserting ``; or''; and
(iii) by adding at the end the following
new subparagraph:
``(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) damage of the protected computers
without authorization; or
``(ii) installing or maintaining control
over malicious software on the protected
computers that, without authorization, have
caused or would cause damage to the protected
computers;''; and
(B) in paragraph (2) by inserting ``, a violation
under subsection (a)(1)(D),'' after ``(as defined in
section 3322(d) of this title)''; and
(3) by adding at the end the following new subsection:
``(c)(1) No cause of action may lie or be maintained in any court
against any person and shall be promptly dismissed if such cause of
action is with respect to an act that is in compliance with any
restraining order, prohibition, or other action under subsection (b),
if issued in circumstances described in subsection (a)(1)(D).
``(2) A restraining order, prohibition, or other action under
subsection (b), if issued in circumstances described in subsection
(a)(1)(D), may, upon application of the Attorney General, 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.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line