I
106TH CONGRESS
2D SESSION
H. R. 4347
To amend title 18, United States Code, to modify authorities relating to
the use of pen registers and trap and trace devices, to modify provisions
relating to fraud and related activities in connection with computers,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 2, 2000
Mr. ANDREWS introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To amend title 18, United States Code, to modify authorities
relating to the use of pen registers and trap and trace
devices, to modify provisions relating to fraud and related
activities in connection with computers, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. MODIFICATION OF AUTHORITIES RELATING TO
USE OF PEN REGISTERS AND TRAP AND
TRACE DEVICES.
(a) GENERAL LIMITATION
ON USE
BY GOVERN-
MENTAL AGENCIES.—Section 3121(c) of title 18, United
States Code, is amended—
(1) by inserting ‘‘or trap and trace device’’
after ‘‘pen register’’;
(2) by inserting ‘‘, routing, addressing,’’ after
‘‘dialing’’; and
(3) by striking ‘‘call processing’’ and inserting
‘‘the processing and transmitting of wire and elec-
tronic communications’’.
(b) ISSUANCE OF ORDERS.—
(1) IN
GENERAL.—Subsection (a) of section
3123 of that title is amended to read as follows:
‘‘(a) IN GENERAL.—(1) Upon an application made
under section 3122(a)(1) of this title, the court shall enter
an ex parte order authorizing the installation and use of
a pen register or trap and trace device if the court finds
that the attorney for the Government has certified to the
court that the information likely to be obtained by such
installation and use is relevant to an ongoing criminal in-
vestigation. The order shall, upon service of the order,
apply to any entity providing wire or electronic commu-
nication service in the United States whose assistance is
required to effectuate the order.
‘‘(2) Upon an application made under section
3122(a)(2) of this title, the court shall enter an ex parte
order authorizing the installation and use of a pen register
or trap and trace device within the jurisdiction of the court
if the court finds that the State law enforcement or inves-
tigative officer has certified to the court that the informa-
tion likely to be obtained by such installation and use is
relevant to an ongoing criminal investigation.’’.
(2) CONTENTS OF ORDER.—Subsection (b)(1)
of that section is amended—
(A) in subparagraph (A)—
(i) by inserting ‘‘or other facility’’
after ‘‘telephone line’’; and
(ii) by inserting before the semicolon
at the end ‘‘or applied’’; and
(B) by striking subparagraph (C) and in-
serting the following new subparagraph (C):
‘‘(C) a description of the communications
to which the order applies, including the num-
ber or other identifier and, if known, the loca-
tion of the telephone line or other facility to
which the pen register or trap and trace device
is to be attached or applied, and, in the case of
an order authorizing installation and use of a
trap and trace device under subsection (a)(2),
the geographic limits of the order; and’’.
(3) NONDISCLOSURE
REQUIREMENTS.—Sub-
section (d)(2) of that section is amended—
(A) by inserting ‘‘or other facility’’ after
‘‘the line’’; and
(B) by striking ‘‘or who has been ordered
by the court’’ and inserting ‘‘or applied or who
is obligated by the order’’.
(c) 
EMERGENCY
INSTALLATION.—Section
3125(a)(1) of that title is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at
the end;
(2) in subparagraph (B), by striking the comma
at the end and inserting a semicolon; and
(3) by inserting after subparagraph (B) the fol-
lowing new subparagraphs:
‘‘(C) immediate threat to the national se-
curity interests of the United States;
‘‘(D) immediate threat to public health or
safety; or
‘‘(E) an attack on the integrity or avail-
ability of a protected computer which attack
would be an offense punishable under section
1030(c)(2)(C) of this title,’’.
(d) DEFINITIONS.—
(1) COURT
OF
COMPETENT
JURISDICTION.—
Paragraph (2) of section 3127 of that title is
amended by striking subparagraph (A) and inserting
the following new subparagraph (A):
‘‘(A) any district court of the United
States (including a magistrate judge of such a
court) or any United States Court of Appeals
having jurisdiction over the offense being inves-
tigated; or’’.
(2) PEN REGISTER.—Paragraph (3) of that sec-
tion is amended—
(A) by striking ‘‘electronic or other im-
pulses’’ and all that follows through ‘‘is at-
tached’’ and inserting ‘‘dialing, routing, ad-
dressing, or signalling information transmitted
by an instrument or facility from which a wire
or electronic communication is transmitted’’;
and
(B) by inserting ‘‘or process’’ after ‘‘de-
vice’’ each place it appears.
(3) TRAP AND TRACE DEVICE.—Paragraph (4)
of that section is amended—
(A) by inserting ‘‘or process’’ after ‘‘a de-
vice’’; and
(B) by striking ‘‘of an instrument’’ and all
that follows through the end and inserting ‘‘or
other dialing, routing, addressing, and signal-
ling information relevant to identifying the
source of a wire or electronic communication;’’.
SEC. 2. MODIFICATION OF PROVISIONS RELATING TO
FRAUD AND RELATED ACTIVITY IN CONNEC-
TION WITH COMPUTERS.
(a) PENALTIES.—Subsection (c) of section 1030 of
title 18, United States Code, is amended—
(1) in paragraph (2)—
(A) in subparagraph (A)—
(i) by inserting ‘‘except as provided in
subparagraphs (B) and (C),’’ before ‘‘a
fine’’;
(ii) by striking ‘‘(a)(5)(C),’’ and in-
serting ‘‘(a)(5),’’; and
(iii) by striking ‘‘and’’ at the end;
(B) in subparagraph (B)—
(i) by inserting ‘‘or an attempt to
commit an offense punishable under this
subparagraph,’’ after ‘‘subsection (a)(2),’’
in the matter preceding clause (i); and
(ii) by adding ‘‘and’’ at the end; and
(C) by striking subparagraph (C) and in-
serting the following new subparagraph (C):
‘‘(C) a fine under this title or imprisonment for
not more than 10 years, or both, in the case of an
offense under subsection (a)(5)(A) or (a)(5)(B), or
an attempt to commit an offense punishable under
this subparagraph, if the offense caused (or, in the
case of an attempted offense, would, if completed,
have caused)—
‘‘(i) loss to one or more persons during any
one-year period (including loss resulting from a
related course of conduct affecting one or more
other protected computers) aggregating at least
$5,000 in value;
‘‘(ii) the modification or impairment, or
potential modification or impairment, of the
medical examination, diagnosis, treatment, or
care of one or more individuals;
‘‘(iii) physical injury to any person;
‘‘(iv) a threat to public health or safety; or
‘‘(v) damage affecting a computer system
used by or for a government entity in further-
ance of the administration of justice, national
defense, or national security; and’’;
(2) by redesignating subparagraph (B) of para-
graph (3) as paragraph (4);
(3) in paragraph (3)—
(A) by striking ‘‘(A)’’ at the beginning;
and
(B) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’;
and
(4) in paragraph (4), as designated by para-
graph (2) of this subsection, by striking ‘‘(a)(4),
(a)(5)(A), (a)(5)(B), (a)(5)(C),’’ and inserting
‘‘(a)(2), (a)(3), (a)(4), (a)(6),’’.
(b) DEFINITIONS.—Subsection (e) of that section 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, availability, or confidentiality of
data, a program, a system, or information;’’;
(4) in paragraph (9), by striking the period at
the end and inserting ‘‘; and’’; and
(5) by adding at the end the following new
paragraphs:
‘‘(10) the term ‘conviction’ shall include an ad-
judication of juvenile delinquency for a violation of
this section; and
‘‘(11) the term ‘loss’ means any reasonable cost
to any victim, including the cost of responding to an
offense, conducting a damage assessment, and re-
storing the data, program, system, or information to
its condition prior to the offense, and any revenue
lost or cost incurred because of interruption of serv-
ice.’’.
(c) DAMAGES IN CIVIL ACTIONS.—Subsection (g) of
that section is amended in the second sentence by striking
‘‘involving damage’’ and all that follows through the pe-
riod and inserting ‘‘of subsection (a)(5) shall be limited
to loss unless such action includes one of the elements set
forth in clauses (ii) through (v) of subsection (c)(2)(C).’’.
(d) CRIMINAL FORFEITURE.—That section is further
amended by adding at the end the following new sub-
section:
‘‘(i)(1) The court, in imposing sentence on any person
convicted of a violation of this section, may order, in addi-
tion to any other sentence imposed and irrespective of any
provision of State law, that such person forfeit to the
United States—
‘‘(A) the interest of such person in any prop-
erty, whether real or personal, that was used or in-
tended to be used to commit or to facilitate the com-
mission of such violation; and
‘‘(B) any property, whether real or personal,
constituting or derived from any proceeds that such
person obtained, whether directly or indirectly, as a
result of such violation.
‘‘(2) The criminal forfeiture of property under this
subsection, any seizure and disposition thereof, and any
administrative or judicial proceeding relating thereto, shall
be governed by the provisions of section 413 of the Con-
trolled Substances Act (21 U.S.C. 853), except subsection
(d) of that section.’’.
(e) CIVIL FORFEITURE.—That section, as amended
by subsection (d) of this section, is further amended by
adding at the end the following new subsection:
‘‘(j)(1) The following shall be subject to forfeiture to
the United States, and no property right shall exist in
them:
‘‘(A) Any property, whether real or personal,
that is used or intended to be used to commit or to
facilitate the commission of any violation of this sec-
tion.
‘‘(B) Any property, whether real or personal,
that constitutes or is derived from proceeds trace-
able to any violation of this section.
‘‘(2) The provisions of chapter 46 of this title relating
to civil forfeiture shall apply to any seizure or civil for-
feiture under this subsection.’’.
SEC. 3. JUVENILE DELINQUENCY.
Clause (3) of the first paragraph of section 5032 of
title 18, United States Code, is amended—
(1) by striking ‘‘or’’ before ‘‘section 1002(a)’’;
(2) by striking ‘‘or’’ before ‘‘section 924(b)’’;
and
(3) by inserting after ‘‘or (h) of this title,’’ the
following: ‘‘or section 1030(a)(1), (a)(2)(B), or
(a)(3) of this title, or is a felony violation of section
1030(a)(5) of this title where such violation of such
section 1030(a)(5) is punishable under clauses (ii)
through (v) of section 1030(c)(2)(C) of this title,’’.
SEC. 4. AMENDMENT TO SENTENCING GUIDELINES.
Section 805(c) of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104–132; 28
U.S.C. 994 note) is amended by striking ‘‘paragraph (4)
or (5)’’ and inserting ‘‘paragraph (4) or a felony violation
of paragraph (5)(A)’’.
SEC. 5. DEPARTMENT OF DEFENSE GRANTS TO IMPROVE
DOMESTIC PREPAREDNESS TO COMBAT TER-
RORISM.
(a) RESEARCH
AND DEVELOPMENT GRANTS AU-
THORIZED.—
(1) IN GENERAL.—From amounts made avail-
able to carry out this section, the Secretary of De-
fense may make grants to, or enter into contracts
with, a qualified entity or organization to—
(A) conduct research for the prevention of
cyberterrorism; or
(B) develop technology products or services
designed 
for 
use 
in 
the 
prevention 
of
cyberterrorism.
(2) CONDITION OF GRANT.—A qualified entity
or organization receiving a grant from, or under a
contract with, the Secretary of Defense under para-
graph (1) shall submit to the Secretary a report on
the results of the research or development conducted
pursuant to the grant or contract, and shall make
available to the Secretary such technologies and
processes used by the entity or organization to pre-
vent cyberterrorism.
(b) IMPROVEMENT GRANTS AUTHORIZED.—
(1) IN GENERAL.—From amounts made avail-
able to carry out this section, the Secretary of De-
fense may make grants to, or enter into contracts
with, a qualified entity or organization to—
(A) make improvements to the critical in-
formation protection architecture of such entity
or organization; or
(B) refinance improvements previously
made to such architecture.
(2) CONDITION OF GRANT.—A qualified entity
or organization receiving a grant from, or under a
contract with, the Secretary of Defense under para-
graph (1) shall submit to the Secretary a report on
the results of the improvements carried out pursuant
to the grant or contract.
(c) REGULATIONS.—The Secretary of Defense shall
carry out this section in accordance with regulations pre-
scribed by the Secretary. Those regulations shall include
goals for the use of the assistance provided under this sec-
tion and standards for evaluating whether those goals are
met by each entity or organization receiving such assist-
ance.
(d) DEFINITIONS.— In this section:
(1) The term ‘‘cyberterrorism’’ means the com-
mission of any of the following acts with respect to
protected 
computers 
(as 
defined 
in 
section
1030(e)(2) of title 18, United States Code):
(A) Knowing transmission of a program,
information, code, or command, and as a result
of such conduct, intentionally causes damage
without authorization, to a protected computer.
(B) Intentional access of a protected com-
puter without authorization, and as a result of
such conduct, recklessly causes damage.
(C) Intentional access of a protected com-
puter without authorization, and as a result of
such conduct, causes damage.
(2) The term ‘‘qualified entity or organization’’
means an entity or organization that the Secretary
of Defense determines—
(A) meets standards of prevention of
cyberterrorism applicable to the Department of
Defense and responds to the commission of
cyberterrorism in an instantaneous and efficient
manner; or
(B) provides technology products and serv-
ices designed for use in the prevention of
cyberterrorism.
(e) REPORT.—Not later than 30 days after the end
of the period of 2 fiscal years beginning after the date
of the enactment of this Act, the Secretary shall submit
to the Congress a report on the activities carried out under
this section. The report shall include an evaluation of the
success of the activities carried out under this section and
any other information that the Secretary considers appro-
priate.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of De-
fense $100,000,000 for the purposes of carrying out this
section for fiscal year 2001.
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