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(iii) by striking ‘‘and’ at the end;
(B) in subparagraph (B), by inserting ‘‘or
an attempt to commit an offense punishable
under this subparagraph,’’ after ‘‘subsection
(a)(2),’’ in the matter preceding clause (i); and
(C) in subparagraph (C), by striking
‘‘and’’ at the end;
(2) in paragraph (3)—
(A) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’
both places it appears; and
(B) by striking ‘‘and’’ at the end; and
(3) by striking ‘‘(a)(5)(C)’’ and inserting
‘‘(a)(5)(A)(iii)’’; and
(4) by adding at the end the following new
paragraphs:
‘‘(4)(A) a fine under this title, imprisonment
for not more than 10 years, or both, in the case of
an offense under subsection (a)(5)(A)(i), or an at-
tempt to commit an offense punishable under that
subsection;
‘‘(B) a fine under this title, imprisonment
for not more than 5 years, or both, in the case
of an offense under subsection (a)(5)(A)(ii), or
an attempt to commit an offense punishable
under that subsection;
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‘‘(C) a fine under this title, imprisonment
for not more than 20 years, or both, in the case
of an offense under subsection (a)(5)(A)(i) or
(a)(5)(A)(ii), or an attempt to commit an of-
fense punishable under either subsection, that
occurs after a conviction for another offense
under this section.’’.
(c) DEFINITIONS.—Subsection (e) of section 1030 of
title 18, United States Code is amended—
(1) in paragraph (2)(B), by inserting ‘‘, includ-
ing a computer located outside the United States’’
before the semicolon;
(2) in paragraph (7), by striking ‘‘and’’ at the
end;
(3) by striking paragraph (8) and inserting the
following new paragraph (8):
‘‘(8) the term ‘damage’ means any impairment
to the integrity or availability of data, a program, a
system, or information;’’;
(4) in paragraph (9), by striking the period at
the end and inserting a semicolon; and
(5) by adding at the end the following new
paragraphs:
‘‘(10) the term ‘conviction’ shall include a con-
viction under the law of any State for a crime pun-
160
ishable by imprisonment for more than 1 year, an
element of which is unauthorized access, or exceed-
ing authorized access, to a computer;
‘‘(11) the term ‘loss’ includes any reasonable
cost to any victim, including the cost of responding
to an offense, conducting a damage assessment, and
restoring the data, program, system, or information
to its condition prior to the offense, and any revenue
lost, cost incurred, or other consequential damages
incurred because of interruption of service;
‘‘(12) the term ‘person’ means any individual,
firm, corporation, educational institution, financial
institution, governmental entity, or legal or other en-
tity;’’.
(d) DAMAGES IN CIVIL ACTIONS.—Subsection (g) of
section 1030 of title 18, United States Code is amended—
(1) by striking the second sentence and insert-
ing the following new sentences: ‘‘A suit for a viola-
tion of subsection (a)(5) may be brought only if the
conduct involves one of the factors enumerated in
subsection (a)(5)(B). Damages for a violation involv-
ing only conduct described in subsection (a)(5)(B)(i)
are limited to economic damages.’’; and
(2) by adding at the end the following: ‘‘No ac-
tion may be brought under this subsection for the
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negligent design or manufacture of computer hard-
ware, computer software, or firmware.’’.
(e) AMENDMENT OF SENTENCING GUIDELINES RE-
LATING TO CERTAIN COMPUTER FRAUD AND ABUSE.—
Pursuant to its authority under section 994(p) of title 28,
United States Code, the United States Sentencing Com-
mission shall amend the Federal sentencing guidelines to
ensure that any individual convicted of a violation of sec-
tion 1030 of title 18, United States Code, can be subjected
to appropriate penalties, without regard to any mandatory
minimum term of imprisonment.
SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELAT-
ING TO PRESERVING RECORDS IN RESPONSE
TO GOVERNMENT REQUESTS.
Section 2707(e)(1) of title 18, United States Code,
is amended by inserting after ‘‘or statutory authorization’’
the following: ‘‘(including a request of a governmental en-
tity under section 2703(f) of this title)’’.
SEC. 
816. 
DEVELOPMENT 
AND 
SUPPORT 
OF
CYBERSECURITY FORENSIC CAPABILITIES.
(a) IN GENERAL.—The Attorney General shall estab-
lish such regional computer forensic laboratories as the
Attorney General considers appropriate, and provide sup-
port to existing computer forensic laboratories, in order
162
that all such computer forensic laboratories have the
capability—
(1) to provide forensic examinations with re-
spect to seized or intercepted computer evidence re-
lating to criminal activity (including cyberterrorism);
(2) to provide training and education for Fed-
eral, State, and local law enforcement personnel and
prosecutors regarding investigations, forensic anal-
yses, and prosecutions of computer-related crime (in-
cluding cyberterrorism);
(3) to assist Federal, State, and local law en-
forcement in enforcing Federal, State, and local
criminal laws relating to computer-related crime;
(4) to facilitate and promote the sharing of
Federal law enforcement expertise and information
about the investigation, analysis, and prosecution of
computer-related crime with State and local law en-
forcement personnel and prosecutors, including the
use of multijurisdictional task forces; and
(5) to carry out such other activities as the At-
torney General considers appropriate.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) AUTHORIZATION.—There is hereby author-
ized to be appropriated in each fiscal year
163
$50,000,000 for purposes of carrying out this sec-
tion.
(2) AVAILABILITY.—Amounts appropriated pur-
suant to the authorization of appropriations in para-
graph (1) shall remain available until expended.
TITLE IX—IMPROVED
INTELLIGENCE
SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL
INTELLIGENCE REGARDING FOREIGN INTEL-
LIGENCE COLLECTED UNDER FOREIGN IN-
TELLIGENCE SURVEILLANCE ACT OF 1978.
Section 103(c) of the National Security Act of 1947
(50 U.S.C. 403–3(c)) is amended—
(1) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(2) by inserting after paragraph (5) the fol-
lowing new paragraph (6):
‘‘(6) establish requirements and priorities for
foreign intelligence information to be collected under
the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.), and provide assistance to
the Attorney General to ensure that information de-
rived from electronic surveillance or physical
searches under that Act is disseminated so it may be
used efficiently and effectively for foreign intel-