I 
109TH CONGRESS 
2D SESSION 
H. R. 5318 
To amend title 18, United States Code, to better assure cyber-security, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 9, 2006 
Mr. SENSENBRENNER (for himself, Mr. COBLE, Mr. SMITH of Texas, Mr. 
FEENEY, Mr. SCHIFF, and Ms. PRYCE of Ohio) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cyber-Security En-
hancement and Consumer Data Protection Act of 2006’’. 
SEC. 2. PERSONAL ELECTRONIC RECORDS. 
Section 1030(a)(2) of title 18, United States Code, 
is amended— 
(1) by striking‘‘or’’ at the end of subparagraph 
(B); and 
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(2) by adding at the end the following: 
‘‘(D) a means of identification (as defined 
in section 1028(d)) from a protected computer; 
or 
‘‘(E) the capability to gain access to or re-
motely control without authorization, a pro-
tected computer.’’. 
SEC. 3. USE OF FULL INTERSTATE AND FOREIGN COM-
MERCE POWER FOR CRIMINAL PENALTIES. 
(a) BROADENING OF SCOPE.—Section 1030(e)(2)(B) 
of title 18, United States Code, is amended by inserting 
‘‘or affecting’’ after ‘‘which is used in’’. 
(b) ELIMINATION OF REQUIREMENT OF AN INTER-
STATE OR FOREIGN COMMUNICATION FOR CERTAIN OF-
FENSES INVOLVING PROTECTED COMPUTERS.—Section 
1030(a)(2)(C) of title 18, United States Code, is amended 
by striking ‘‘if the conduct involved an interstate or for-
eign communication’’. 
SEC. 4. RICO PREDICATES. 
Section 1961(1)(B) of title 18, United States Code, 
is amended by inserting ‘‘section 1030 (relating to fraud 
and related activity in connection with computers),’’ before 
‘‘section 1084’’. 
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SEC. 5. CYBER-EXTORTION. 
Section 1030(a)(7) of title 18, United States Code, 
is amended by inserting ‘‘, or to access without authoriza-
tion or exceed authorized access to a protected computer’’ 
after ‘‘cause damage to a protected computer’’. 
SEC. 6. CONSPIRACY TO COMMIT CYBER-CRIMES. 
Section 1030(b) of title 18, United States Code, is 
amended by inserting ‘‘or conspires’’ after ‘‘attempts’’. 
SEC. 7. NOTICE TO LAW ENFORCEMENT. 
(a) CRIMINAL PENALTY FOR FAILURE TO NOTIFY 
LAW ENFORCEMENT.—Chapter 47 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1039. Concealment of security breaches involving 
personal information 
‘‘(a) OFFENSE.—Whoever owns or possesses data in 
electronic form containing a means of identification (as 
defined in section 1028), having knowledge of a major se-
curity breach of the system containing such data main-
tained by such person, and knowingly fails to provide no-
tice of such breach to the United States Secret Service 
or Federal Bureau of Investigation, with the intent to pre-
vent, obstruct, or impede a lawful investigation of such 
breach, and if such breach causes a significant risk of 
identity theft, shall be fined under this title, imprisoned 
not more than 5 years, or both. 
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‘‘(b) DEFINITION.—As used in this section, the term 
‘major security breach’ means any security breach— 
‘‘(1) whereby personal information pertaining to 
10,000 or more individuals is, or is resonably be-
lieved to have been acquired; 
‘‘(2) involving databases owned by the Federal 
Government; or 
‘‘(3) involving primarily data in electronic form 
containing personal information of employees or con-
tractors of the Federal Government involved in Na-
tional security matters or law enforcement.’’. 
(b) RULEMAKING.—Within 180 days after the date 
of enactment of this act, the Attorney General and Sec-
retary of Homeland Security shall jointly promulgate rules 
and regulations, after adequate notice and an opportunity 
for comment, as are reasonably necessary, governing the 
form, content, and timing of the notices required pursuant 
to section 1039 of title 18, U.S.C. Such rules and regula-
tions shall require that— 
(1) such notice be provided to the United States 
Secret Service or Federal Bureau of Investigation 
before any notice of a breach is made to consumers 
under State or Federal law, and within 14 days of 
discovery of the breach; 
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(2) if the United States Secret Service or Fed-
eral Bureau of Investigation determines that any no-
tice required to be made to consumers under State 
or Federal law would impede or compromise a crimi-
nal investigation or national security, the United 
States Secret Service or Federal Bureau of Inves-
tigation shall direct in writing within 7 days that 
such notice shall be delayed for 30 days, or until the 
United States Secret Service or Federal Bureau of 
Investigation determines that such notice will not 
impede or compromise a criminal investigation or 
national security; and 
(3) the United States Secret Service shall notify 
the Federal Bureau of Investigation, if the United 
States Secret Service determines that such breach 
may involve espionage, foreign counterintelligence, 
information protected against unauthorized disclo-
sure for reasons of national defense or foreign rela-
tions, or Restricted Data (as that term is defined in 
section 11y of the Atomic Energy Act of 1954 (42 
U.S.C. 2014(y))), except for offenses affecting the 
duties of the United States Secret Service under sec-
tion 3056(a) of title 18, United States Code. 
(c) IMMUNITY FROM LAWSUIT.—No cause of action 
shall lie in any court against any law enforcement entity 
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