,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ggjh ,,in ,,the ,,house ,,of ,,representatives ,july #ba1 #bjbj ,mr4 ,mc,carthy introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 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 security1 foreign policy1 public health1 or economic health or financial stability of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,defend ,,covid ,research from ,hackers ,act4 #b4 ,authorization of imposition of sanctions on certain foreign persons 7a7 ,in general ,the ,president is authorized to impose sanctions described in subsection 7b7 with respect to any foreign person determined by the ,president-- 7#a7 to be responsible for or complicit in1 or to have engaged in1 directly or indirectly1 activities1 including cyber-enabled activities1 originating from1 or directed by foreign persons that are reasonably likely to result in1 or have materially contributed to1 a significant threat to the national security1 foreign policy1 public health1 or economic health or financial stability of the ,united ,states and that have the purpose or effect of-- 7,a7 harming1 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 sector2 7,b7 significantly compromising the provision of services by one or more entities in a critical infrastructure sector2 7,c7 causing a significant disruption to the availability of a computer or network of computers2 or 7,d7 causing a significant misappropriation of funds or economic resources1 trade secrets1 personal identifiers1 intellectual property1 or financial information for commercial or competitive advantage or private financial gain2 7#b7 to be responsible for or complicit in1 or to have engaged in1 or to have knowingly materially benefitted from1 the receipt or use for commercial or competitive advantage or private financial gain1 of funds or economic resources1 trade secrets1 personal identifiers1 intellectual property1 or financial information misappropriated through cyber-enabled activities and with respect to which such actions are reasonably likely to result in1 or have materially contributed to1 a significant threat to the national security1 foreign policy1 public health1 or economic health or financial stability of the ,united ,states2 7#c7 to have materially assisted1 sponsored1 or provided financial1 material1 or technological support for1 or goods or services in support of-- 7,a7 any activity described in paragraphs 7#a7 and 7#b72 or 7,b7 any person whose property or interests in property are blocked pursuant to this section2 7#d7 to be owned or controlled by1 or to have acted or purported to act for or on behalf of1 directly or indirectly1 any person whose property or interests in property are blocked pursuant to this section2 or 7#e7 to have attempted to engage in any of the activities described in paragraphs 7#a7 through 7#c74 7b7 ,sanctions described ,the sanctions to be imposed with respect to a foreign person described in subsection 7a7 are the following3 7#a7 ,blocking of property ,the ,president shall exercise all of the powers granted to the ,president by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 7except that the requirements of section #bjb of such ,act 7#ej ,u4,s4,c4 #agja7 shall not apply7 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 ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,inadmissibility of certain individuals 7,a7 ,ineligibility for visas1 admission1 or parole ,an alien who is a foreign person under subsection 7a71 or an alien who is an officer or director of a foreign person under such subsection1 is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked ,an alien who is a foreign person under subsection 7a71 or an alien who is an officer or director of a foreign person under such subsection1 is subject to the following3 7i7 ,revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued4 7ii7 ,a revocation under clause 7i7 shall-- 7,i7 take effect immediately2 and 7,,ii7 cancel any other valid visa or entry documentation that is in the foreign person's or alien's possession1 as the case may be4 7c7 ,penalties ,the penalties provided for in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 shall apply to a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section1 including regulations promulgated in accordance therewith1 to the same extent that such penalties apply to a person that commits an unlawful act described in section #bjf7;a7 of such ,act4 7d7 ,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 ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations of the ,united ,states4 7e7 ,exception ,to comply with national security ,the following activities shall be exempt from sanctions under this section3 7#a7 ,activities subject to the reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq474 7#b7 ,activities subject to any authorized intelligence or law enforcement activities of the ,united ,states4 7f7 ,implementation and regulatory authority ,the ,president is authorized to exercise all authorities provided to the ,president under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this ,act and may issue such regulations1 licenses1 and orders as are necessary to carry out this ,act4 7g7 ,exception related to the importation of goods 7#a7 ,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 goods4 7#b7 ,good defined ,in this section1 the term good means any article1 natural or man-made substance1 material1 supply or manufactured product1 including inspection and test equipment and excluding technical data4 7h7 ,report on cyber-,enabled activities 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,director of ,national ,intelligence1 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 #bjai novel coronavirus and whether such activities qualify for the imposition of sanctions pursuant to this section4 7#b7 ,form ,the report required under subsection 7a7 shall be unclassified but may contain a classified annex4 7i7 ,definitions ,in this section3 7#a7 ,admitted2 alien ,the terms admitted and alien have the meanings given such terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 in the ,house of ,representatives-- 7i7 the ,committee on ,foreign ,affairs2 and 7ii7 the ,committee on ,ways and ,means2 and 7,b7 in the ,senate-- 7i7 the ,committee on ,foreign ,relations2 and 7ii7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs4 7#c7 ,critical infrastructure sector ,the term critical infrastructure sector means any of the designated critical infrastructure sectors identified in ,presidential ,policy ,directive #ba4 7#d7 ,entity ,the term entity means a partnership1 association1 trust1 joint venture1 corporation1 group1 subgroup1 or other organization4 7#e7 ,foreign government ,the term foreign government means any government of a country other than the ,united ,states4 7#f7 ,foreign person ,the term foreign person means an individual or entity that is not a ,united ,states person4 7#g7 ,knowingly ,the term knowingly with respect to conduct1 a circumstance1 or a result1 means that a person has actual knowledge1 or should have known1 of the conduct1 the circumstance1 or the result4 7#h7 ,misappropriation ,the term misappropriation means any taking or obtaining by improper means1 without permission or consent1 or under false pretenses4 7#i7 ,person ,the term person means an individual or entity4 7#aj7 ,united ,states person ,the term ,united ,states person means any ,united ,states citizen1 permanent resident alien1 entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states 7including foreign branches71 or any person in the ,united ,states4 #c4 ,stopping trafficking in botnets ,section #ajcj of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#g71 by adding or at the end2 and 7,b7 by adding at the end the following new paragraph3 7#h7 knowingly traffics in access to a protected computer1 if the trafficker knows the protected computer has been damaged in a manner prohibited by this section4 2 7#b7 in subsection 7c77#c7-- 7,a7 in subparagraph 7,a71 by striking 7a77#d7 or 7a77#g7 and inserting 7a77#d71 7a77#g71 or 7a77#h72 and 7,b7 in subparagraph 7,b71 by striking 7a77#d71 or 7a77#g7 and inserting 7a77#d71 7a77#g71 or 7a77#h72 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#aa71 by striking and at the end2 7,b7 in paragraph 7#ab71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#ac7 the term traffic has the meaning given such term in section #ajbi7;e77#e7 of this title4 2 and 7#d7 in subsection 7g71 by inserting 1 except for a violation of subsection 7a77#h71 after violation of this section4 #d4 ,injunctions against fraud and abuse ,section #acde of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading by striking fraud and inserting fraud and abuse2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 subparagraph 7,b71 by striking 2 or and inserting a semicolon2 7ii7 in subparagraph 7,c71 by striking the semicolon and inserting 2 or2 and 7iii7 by adding at the end the following new subparagraph3 7,d7 violating or about to violate section #ajcj7;a77#e7 of this title where such conduct has caused or would cause damage 7as defined in section #ajcj7 without authorization to #ajj or more protected computers 7as defined in section #ajcj7 during any #a-year period1 including by-- 7i7 damage of the protected computers without authorization2 or 7ii7 installing or maintaining control over malicious software on the protected computers that1 without authorization1 have caused or would cause damage to the protected computers2 2 and 7,b7 in paragraph 7#b7 by inserting 1 a violation under subsection 7a77#a77;,d71 after 7as defined in section #ccbb7;d7 of this title72 and 7#c7 by adding at the end the following new subsection3 7c7 7#a7 ,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 order1 prohibition1 or other action under subsection 7b71 if issued in circumstances described in subsection 7a77#a77;,d74 7#b7 ,a restraining order1 prohibition1 or other action under subsection 7b71 if issued in circumstances described in subsection 7a77#a77;,d71 may1 upon application of the ,attorney ,general1 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 order1 prohibition1 or other action4 4