I 

110TH CONGRESS 

1ST SESSION H. R. 2290 

To amend title 18, United States Code, to better assure cyber-security, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2007 

Mr. SCHIFF (for himself, Mr. CHABOT, Mr. DELAHUNT, Mr. DANIEL E. LUNGREN of California, Mr. DAVIS of Alabama, Ms. CARSON, Mr. GOODLATTE, Ms. ESHOO, Mr. WEXLER, Mr. ISSA, Ms. LINDA T. SA ́NCHEZ of 

California, Mr. MCCAUL of Texas, and Mr. THOMPSON of Mississippi) introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To amend title 18, United States Code, to better assure 

cyber-security, 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 ‘‘Cyber-Security En5 hancement Act of 2007’’. 

6 SEC. 2. PERSONAL ELECTRONIC RECORDS. 

7 Section 1030(a)(2) of title 18, United States Code, 

8 is amended— 


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1 (1) by striking ‘‘or’’ at the end of subparagraph 

2 (B); and 

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

4 ‘‘(D) a unique electronic identification 

5 number, address or routing code, or access de6 vice (as defined in section 1029(e)(1)), from a 

7 protected computer; or’’. 

8 SEC. 3. USE OF FULL INTERSTATE AND FOREIGN COM9 MERCE POWER FOR CRIMINAL PENALTIES. 

10 (a) BROADENING OF SCOPE.—Section 1030(e)(2)(B) 

11 of title 18, United States Code, is amended by inserting 

12 ‘‘or affecting’’ after ‘‘which is used in’’. 

13 (b) ELIMINATION OF REQUIREMENT OF AN INTER14 STATE OR FOREIGN COMMUNICATION FOR CERTAIN OF15 FENSES INVOLVING PROTECTED COMPUTERS.—Section 

16 1030(a)(2)(C) of title 18, United States Code, is amended 

17 by striking ‘‘if the conduct involved an interstate or for18 eign communication’’. 

19 SEC. 4. RICO PREDICATES. 

20 Section 1961(1)(B) of title 18, United States Code, 

21 is amended by inserting ‘‘section 1030 (relating to fraud 

22 and related activity in connection with computers),’’ before 

23 ‘‘section 1084’’. 


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1 SEC. 5. CYBER-EXTORTION. 

2 Section 1030(a)(7) of title 18, United States Code, 

3 is amended by inserting ‘‘, or to access without authoriza4 tion or exceed authorized access to a protected computer’’ 

5 after ‘‘cause damage to a protected computer’’. 

6 SEC. 6. CONSPIRACY TO COMMIT CYBER-CRIMES. 

7 Section 1030(b) of title 18, United States Code, is 

8 amended by inserting ‘‘or conspires’’ after ‘‘attempts’’. 

9 SEC. 7. PENALTIES FOR SECTION 1030 VIOLATIONS. 

10 Subsection (c) of section 1030 of title 18, United 

11 States Code, is amended to read as follows: 

12 ‘‘(c) The court, in imposing sentence for an offense 

13 under subsection (a) or (b), shall, in addition to any other 

14 sentence imposed and irrespective of any provision of 

15 State law, order that the person forfeit to the United 

16 States— 

17 ‘‘(1) the person’s interest in any personal prop18 erty that was used or intended to be used to commit 

19 or to facilitate the commission of such violation; and 

20 ‘‘(2) any property, real or personal, constituting 

21 or derived from, any proceeds the person obtained, 

22 directly or indirectly, as a result of such violation.’’. 

23 SEC. 8. DIRECTIVE TO SENTENCING COMMISSION. 

24 (a) DIRECTIVE.—Pursuant to its authority under 

25 section 994(p) of title 28, United States Code, and in ac26 cordance with this section, the United States Sentencing 


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1 Commission shall forthwith review its guidelines and pol2 icy statements applicable to persons convicted of offenses 

3 under sections 1028, 1028A, 1030, 1030A, 2511 and 

4 2701 of title 18, United States Code and any other rel5 evant provisions of law, in order to reflect the intent of 

6 Congress that such penalties be increased in comparison 

7 to those currently provided by such guidelines and policy 

8 statements. 

9 (b) REQUIREMENTS.—In determining its guidelines 

10 and policy statements on the appropriate sentence for the 

11 crimes enumerated in paragraph (a), the Commission shall 

12 consider the extent to which the guidelines and policy 

13 statements may or may not account for the following fac14 tors in order to create an effective deterrent to computer 

15 crime and the theft or misuse of personally identifiable 

16 data— 

17 (1) the level of sophistication and planning in18 volved in such offense; 

19 (2) whether such offense was committed for 

20 purpose of commercial advantage or private financial 

21 benefit; 

22 (3) the potential and actual loss resulting from 

23 the offense; 


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1 (4) whether the defendant acted with intent to 

2 cause either physical or property harm in commit3 ting the offense; 

4 (5) the extent to which the offense violated the 

5 privacy rights of individuals; 

6 (6) the effect of the offense upon the operations 

7 of a government agency of the United States, or of 

8 a State or local government; 

9 (7) whether the offense involved a computer 

10 used by the government in furtherance of national 

11 defense, national security or the administration of 

12 justice; 

13 (8) whether the offense was intended to, or had 

14 the effect of significantly interfering with or dis15 rupting a critical infrastructure; 

16 (9) whether the offense was intended to, or had 

17 the effect of creating a threat to public health or 

18 safety, injury to any person, or death; and 

19 (10) whether the defendant purposefully in20 volved a juvenile in the commission of the offense to 

21 avoid punishment. 

22 (c) ADDITIONAL REQUIREMENTS.—In carrying out 

23 this section, the Commission shall— 


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1 (1) assure reasonable consistency with other 

2 relevant directives and with other sentencing guide3 lines; 

4 (2) account for any additional aggravating or 

5 mitigating circumstances that might justify excep6 tions to the generally applicable sentencing ranges; 

7 (3) make any conforming changes to the sen8 tencing guidelines; and 

9 (4) assure that the guidelines adequately meet 

10 the purposes of sentencing as set forth in section 

11 3553(a)(2) of title 18, United States Code. 

12 SEC. 9. DAMAGE TO PROTECTED COMPUTERS. 

13 (a) Section 1030(a)(5)(B) of title 18, United States 

14 Code, is amended— 

15 (1) by striking ‘‘or’’ at the end of clause (iv); 

16 (2) by inserting ‘‘or’’ at the end of clause (v); 

17 and 

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

19 ‘‘(vi) damage affecting ten or more 

20 protected computers during any 1-year pe21 riod.’’. 

22 (b) Section 2332b(g)(5)(B)(i) of title 18, United 

23 States Code, is amended by striking ‘‘(v) (relating to pro24 tection of computers)’’ and inserting ‘‘(vi) (relating to the 

25 protection of computers)’’. 


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1 SEC. 10. ADDITIONAL FUNDING FOR RESOURCES TO INVES2 TIGATE AND PROSECUTE CRIMINAL ACTIV3 ITY INVOLVING COMPUTERS. 

4 (a) ADDITIONAL FUNDING FOR RESOURCES.— 

5 (1) AUTHORIZATION.—In addition to amounts 

6 otherwise authorized for resources to investigate and 

7 prosecute criminal activity involving computers, 

8 there are authorized to be appropriated for each of 

9 the fiscal years 2007 through 2011— 

10 (A) $10,000,000 to the Director of the 

11 United States Secret Service; 

12 (B) $10,000,000 to the Attorney General 

13 for the Criminal Division of the Department of 

14 Justice; and 

15 (C) $10,000,000 to the Director of the 

16 Federal Bureau of Investigation. 

17 (2) AVAILABILITY.—Any amounts appropriated 

18 under paragraph (1) shall remain available until ex19 pended. 

20 (b) USE OF ADDITIONAL FUNDING.—Funds made 

21 available under subsection (a) shall be used by the Direc22 tor of the United States Secret Service, the Director of 

23 the Federal Bureau of Investigation, and the Attorney 

24 General, for the United States Secret Service, the Federal 

25 Bureau of Investigation, and the criminal division of the 

26 Department of Justice, respectively, to— 


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1 (1) hire and train law enforcement officers to— 

2 (A) investigate crimes committed through 

3 the use of computers and other information 

4 technology, including through the use of the 

5 Internet; and 

6 (B) assist in the prosecution of such 

7 crimes; and 

8 (2) procure advanced tools of forensic science to 

9 investigate, prosecute, and study such crimes. 

Æ 


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