In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intermodal Safe Container 
Transportation Act Amendments of 1996''.

SEC. 2. REFERENCES TO TITLE 49.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 49, United States 
Code.

SEC. 3. DEFINITIONS.

    Section 5901 is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) except as otherwise provided in this chapter, the 
        definitions in sections 10102 and 13102 of this title apply.'';
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively; and
            (3) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) `gross cargo weight' means the weight of the cargo, 
        packaging materials (including ice), pallets, and dunnage.''.

SEC. 4. NOTIFICATIONS AND CERTIFICATIONS.

    Section 5902 is amended to read as follows:
``Sec. 5902. Notifications and certifications
    ``(a) Prior Notification.--
            ``(1) In general.--If the first carrier to which any loaded 
        container or trailer having a projected gross cargo weight of 
        more than 29,000 pounds is tendered for intermodal 
        transportation is a motor carrier, the person tendering the 
        container or trailer shall give the motor carrier a 
        notification of the projected gross cargo weight and a 
        reasonable description of the contents of the container or 
        trailer before the tendering of the container or trailer. The 
        notification may be transmitted electronically or by telephone.
            ``(2) Applicability.--This subsection applies to any person 
        within the United States who tenders a container or trailer 
        subject to this chapter for intermodal transportation if the 
        first carrier is a motor carrier.
    ``(b) Certification.--
            ``(1) In general.--A person who tenders a loaded container 
        or trailer with an actual gross cargo weight of more than 
        29,000 pounds, to a first carrier for intermodal transportation 
        shall provide a certification of the contents of the container 
        or trailer in writing, or electronically, before or when the 
        container or trailer is so tendered.
            ``(2) Contents of certification.--The certification 
        required by paragraph (1) shall include the following:
                    ``(A) The actual gross cargo weight.
                    ``(B) A reasonable description of the contents of 
                the container or trailer.
                    ``(C) The identity of the certifying party.
                    ``(D) The container or trailer number.
                    ``(E) The date of certification or transfer of data 
                to another document, as provided for in paragraph (3).
            ``(3) Transfer of certification data.--A carrier who 
        receives a certification may transfer the information contained 
        in the certification to another document or to electronic 
        format for forwarding to a subsequent carrier. The person 
        transferring the information shall state on the forwarded 
        document the date on which the data was transferred and the 
        identity of the party who performed the transfer.
            ``(4) Shipping documents.--For purposes of this chapter, a 
        shipping document, prepared by the person tendering a container 
        or trailer to a first carrier, that contains the information 
        required by paragraph (2) meets the requirements of paragraph 
        (1).
            ``(5) Use of `freight all kinds' term.--The term `Freight 
        All Kinds' or `FAK' may not be used for the purpose of 
        certification under this subsection after December 31, 2000, as 
        a description required under paragraph (2)(B) for a trailer or 
        container if the weight of any commodity in the trailer or 
        container equals or exceeds 20 percent of the total weight of 
the contents of the trailer or container. This subsection does not 
prohibit the use of such term after December 31, 2000, for rating 
purposes.
            ``(6) Separate document marking.--If a separate document is 
        used to meet the requirements of paragraph (1), it shall be 
        conspicuously marked `INTERMODAL CERTIFICATION'.
            ``(7) Applicability.--This subsection applies to any 
        person, domestic or foreign, who first tenders a container or 
        trailer subject to this chapter for intermodal transportation 
        within the United States.
    ``(c) Forwarding Certifications to Subsequent Carriers.--
            ``(1) General rule.--A carrier, agent of a carrier, broker, 
        customs broker, freight forwarder, warehouser, or terminal 
        operator shall forward the certification provided under 
        subsection (b) to a subsequent carrier transporting the 
        container or trailer in intermodal transportation before or 
        when the container or trailer is tendered to the subsequent 
        carrier.
            ``(2) Presumption of no certification required.--If no 
        certification is received by the subsequent carrier before or 
        when the container or trailer is being tendered to it, the 
        subsequent carrier may presume that no certification is 
        required.
            ``(3) Limitation on construction of forwarding.--The act of 
        forwarding the certification may not be construed as a 
        verification or affirmation of the accuracy or completeness of 
        the information in the certification.
            ``(4) Liability.--
                    ``(A) In general.--If a person inaccurately 
                transfers the information on the certification or fails 
                to forward the certification to a subsequent carrier, 
                then that person is liable to any person who incurs any 
                bond, fine, penalty, cost (including storage), or 
                interest charge incurred as a result of the inaccurate 
                transfer of information or failure to forward the 
                certification.
                    ``(B) Lien.--A subsequent carrier incurring a bond, 
                fine, penalty, or cost (including storage), or interest 
                charge as a result of the inaccurate transfer of the 
                information or the failure to forward the certification 
                shall have a lien against the contents of the container 
                or trailer under section 5905 in the amount of the 
                bond, fine, penalty, or cost (including storage), or 
                interest charge and all court costs and legal fees 
                incurred by the carrier as a result of such inaccurate 
                transfer or failure.
            ``(5) Notice to leased operators.--If a motor carrier knows 
        that the gross cargo weight of an intermodal container or 
        trailer subject to the certification requirements of subsection 
        (b) would result in a violation of applicable State gross 
        vehicle weight laws--
                    ``(A) a motor carrier must inform the operator of a 
                vehicle which is leased by the vehicle operator to a 
                motor carrier which transports an intermodal container 
                or trailer of the gross cargo weight of the container 
                or trailer as certified to the motor carrier pursuant 
                to subsection (b);
                    ``(B) the notice must be provided to the operator 
                prior to the operator being tendered the container or 
                trailer;
                    ``(C) the notice required by this subsection must 
                be in writing, but may be transmitted electronically;
                    ``(D) the motor carrier shall bear the burden of 
                proof to establish that it tendered the required notice 
                to the operator; and
                    ``(E) if the operator of a leased vehicle 
                transporting a container or trailer subject to this 
                chapter should receive a fine because of a violation of 
                a State's gross vehicle weight laws or regulations and 
                lessee motor carrier cannot establish that it tendered 
                to the operator the notice required by this section, 
                the operator shall be entitled to reimbursement from 
                the motor carrier of the amount of any fine and court 
                costs resulting from the failure of the motor carrier 
                to tender the notice to the operator.
    ``(d) Liability to Owner or Beneficial Owner.--If--
            ``(1) a person inaccurately transfers information on a 
        certification required by subsection (b)(1) or fails to forward 
        a certification to the subsequent carrier;
            ``(2) as a result of the inaccurate transfer of such 
        information or a failure to forward a certification, the 
        subsequent carrier incurs a bond, fine, penalty, or cost 
        (including storage), or interest charge; and
            ``(3) a subsequent carrier exercises its rights to a lien 
        under section 5905,
then that person is liable to the owner or beneficial owner or to any 
other person paying the amount of the lien to the subsequent carrier 
for the amount of the lien and all costs related to the imposition of 
the lien, including court costs and legal fees incurred in connection 
with imposition of the lien.
    ``(e) Nonapplicability.--
            ``(1) Consolidated shipments.--The notification and 
        certification requirements of subsections (a) and (b) do not 
        apply to any intermodal container or trailer containing 
        consolidated shipments loaded by a motor carrier if that motor 
        carrier--
                    ``(A) performs the highway portion of the 
                intermodal movement; or
                    ``(B) assumes the responsibility for any weight-
                related fine or penalty incurred by any other motor 
                carrier that performs a part of the highway 
                transportation.
            ``(2) Intermodal transportation of loaded containers.--
                    ``(A) In general.--Subsections (a) and (b) and 
                section 5903(c) do not apply to a carrier when the 
                carrier is transferring a loaded container or trailer 
                to another carrier during intermodal transportation, 
                unless the carrier is also the person tendering the 
                loaded container or trailer to the first carrier.
                    ``(B) Special rule.--A carrier, agent of a carrier, 
                broker, customs broker, freight forwarder, warehouser, 
                or terminal operator is deemed not to be a person 
                tendering a loaded container or trailer to a first 
                carrier under this section, unless the carrier, agent, 
                broker, customs broker, freight forwarder, warehouser, 
                or terminal operator assumes legal responsibility for 
                loading property into the container or trailer.''.

SEC. 5. PROHIBITIONS.

    (a) Providing Erroneous Information.--Section 5903(a) is amended by 
inserting ``, to whom section 5902(b) applies,'' after ``A person''.
    (b) Transporting Prior To Receiving Certification.--Section 5903(b) 
is amended to read as follows:
    ``(b) Transporting Prior To Receiving Certification.--
            ``(1) Presumption.--If no certification is received by a 
        motor carrier before or when a loaded intermodal container or 
        trailer is tendered to it, the motor carrier may presume that 
        the gross cargo weight of the container or trailer is less than 
        29,001 pounds.
            ``(2) Copy of certification not required to accompany 
        container or trailer.--Notwithstanding any other provision of 
        this chapter, if a certification is required by section 
        5902(b), a copy of the certification is not required to 
        accompany the intermodal container or trailer.''.
    (c) Unlawful Coercion.--Section 5903(c)(1) is amended by striking 
``10,000 pounds (including packing materials and pallets)'' and 
inserting ``29,000 pounds''.

SEC. 6. LIENS.

    (a) General Rule.--Section 5905(a) is amended to read as follows:
    ``(a) General Rule.--If a person involved in the intermodal 
transportation of a loaded container or trailer for which a 
certification is required by section 5902(b) of this title is required, 
because of a violation of a State's gross vehicle weight laws or 
regulations, to post a bond or pay a fine, penalty, cost (including 
storage), or interest charge resulting from--
            ``(1) erroneous information provided by the certifying 
        party in the certification to the first carrier in violation of 
        section 5903(a),
            ``(2) the failure of the party required to provide the 
        certification to the first carrier to provide it,
            ``(3) the failure of a person required under section 
        5902(c) to forward the certification to forward it, or
            ``(4) an error occurring in the transfer of information on 
        the certification to another document under section 5902(b)(3) 
        or 5902(c),
then the person posting the bond, or paying any fine, penalty, cost 
(including storage), or interest charge has a lien against the contents 
equal to the amount of the bond, fine, penalty, cost (including 
storage), or interest charge incurred, until the person receives a 
payment of that amount from the owner or beneficial owner of the 
contents or from the person responsible for making or forwarding the 
certification or transferring the information from the certification to 
another document.''.
    (b) Limitations.--Section 5905(b)(1) is amended--
            (1) by inserting after ``the first carrier'' the following: 
        ``or the owner or beneficial owner of the contents''; and
            (2) by striking ``cost, or interest.'' and inserting ``cost 
        (including storage), or interest charge. The lien shall remain 
        in effect until the lien holder has received payment for all 
        costs and expenses as described in subsection (a).''.

SEC. 7. PERISHABLE AGRICULTURAL COMMODITIES.

    Section 5906 is amended by striking ``Sections 5904(a)(2) and 5905 
of this title do'' and insert ``Section 5905 does''.

SEC. 8. EFFECTIVE DATE.

    Section 5907 is amended to read as follows:
``Sec. 5907. Effective date
    ``This chapter, as amended by the Intermodal Safe Container 
Transportation Act Amendments of 1996, is effective on the date of the 
enactment of such Act. The provisions of this chapter shall be 
implemented 180 days after such date of enactment.''.

SEC. 9. RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Chapter 59 is amended by adding at the end the 
following new section:
``Sec. 5908. Relationship to other laws
    ``Nothing in this chapter affects--
            ``(1) chapter 51 (relating to transportation of hazardous 
        material) or the regulations issued under that chapter; or
            ``(2) any State highway weight or size law or regulation 
        applicable to tractor-trailer combinations.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by striking the item relating to section 5907 and inserting the 
following:

``5907. Effective date.
``5908. Relationship to other laws.''.

            Passed the House of Representatives September 18, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

A: Intermodal Safe Container Transportation Act Amendments of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation. 
Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier. 
Allows such notification to be made by telephone, and allows the required certification of the container or trailer contents to be electronic.  Sets forth administrative and civil penalties for persons who inaccurately transfer certification information.  Makes such a person liable to the owner or beneficial owner for any lien filed by a subsequent carrier that incurred a bond, fine, or other penalty as a result of an inaccurate information transfer or a failure to forward a certification. 
Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items.  Requires the motor carrier to reimburse the operator of the leased vehicle that are fined because of a violation of a State's gross vehicle weight laws. 
Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it.  Declares that a copy of a certification is not required to accompany the intermodal container or trailer. 
Prohibits a person from coercing a person transporting a loaded container or trailer having a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing materials and pallets) before the required certification is provided. 
Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws.  Includes among such circumstances:  (1) failure of the party required to provide certification off gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cyber-Security Enhancement 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
            (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 remotely 
                control a protected computer.''.

SEC. 3. USE OF FULL INTERSTATE AND FOREIGN COMMERCE 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 Interstate or Foreign 
Communication for Certain Offenses 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 foreign 
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''.

SEC. 5. CYBER-EXTORTION.

    Section 1030(a)(7) of title 18, United States Code, is amended by 
inserting ``, or to access without authorization 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 following:
``Sec. 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 security breach of the system containing 
such data maintained by such person, and knowingly fails to provide 
notice of such breach to the United States Secret Service or Federal 
Bureau of Investigation, with the intent to prevent, obstruct, or 
impede a lawful investigation of such breach, shall be fined under this 
title, imprisoned not more than 5 years, or both.
    ``(b) Definitions.--As used in this section--
            ``(1) Major security breach.--The term `major security 
        breach' means any security breach--
                    ``(A) whereby means of identification pertaining to 
                10,000 or more individuals is, or is reasonably 
                believed to have been acquired, and such acquisition 
                causes a significant risk of identity theft;
                    ``(B) involving databases owned by the Federal 
                Government; or
                    ``(C) involving primarily data in electronic form 
                containing means of identification of Federal 
                Government employees or contractors involved in 
                national security matters or law enforcement.
            ``(2) Significant risk of identity theft.--
                    ``(A) In general.--The term `significant risk of 
                identity theft' means such risk that a reasonable 
                person would conclude, after a reasonable opportunity 
                to investigate, that it is more probable than not that 
                identity theft has occurred or will occur as a result 
                of the breach.
                    ``(B) Presumption.--If the data in electronic form 
                containing a means of identification involved in a 
                suspected breach has been encrypted, redacted, requires 
                technology to use or access the data that is not 
                commercially available, or has otherwise been rendered 
                unusable, then there shall be a presumption that the 
                breach has not caused a significant risk of identity 
                theft. Such presumption may be rebutted by facts 
                demonstrating that the encryption code has been or is 
                reasonably likely to be compromised, that the entity 
                that acquired the data is believed to possess the 
                technology to access it, or the owner or possessor of 
                the data is or reasonably should be aware of an unusual 
                pattern of misuse of the data that indicates fraud or 
                identity theft.''.
    (b) Rulemaking.--Within 180 days after the date of enactment of 
this Act, the Attorney General and Secretary 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, United States Code. Such rules and regulations shall 
not require the deployment or use of specific products or technologies, 
including any specific computer hardware or software, to protect 
against a security breach. Such rules and regulations 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;
            (2) if the United States Secret Service or Federal Bureau 
        of Investigation determines that any notice required to be made 
        to consumers under State or Federal law would impede or 
        compromise a criminal investigation or national security, the 
        United States Secret Service or Federal Bureau of Investigation 
        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;
            (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 disclosure for reasons of national defense or 
        foreign relations, 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 section 3056(a) of title 18, 
        United States Code; and
            (4) the United States Secret Service or Federal Bureau of 
        Investigation notify the Attorney General in each State 
        affected by the breach, if the United States Secret Service or 
        Federal Bureau of Investigation declines to pursue a criminal 
        investigation, or as deemed necessary and appropriate.
    (c) Immunity From Lawsuit.--No cause of action shall lie in any 
court against any law enforcement entity or any person who notifies law 
enforcement of a security breach pursuant to this section for any 
penalty, prohibition, or damages relating to the delay of notification 
for law enforcement purposes under this Act.
    (d) Civil Penalty for Failure to Notify.--Whoever knowingly fails 
to give a notice required under section 1039 of title 18, United States 
Code, shall be subject to a civil penalty of not more than $50,000 for 
each day of such failure, but not more than $1,000,000.
    (e) Relation to State Laws.--
            (1) In general.--The requirement to notify law enforcement 
        under this section shall supersede any other notice to law 
        enforcement required under State law.
            (2) Exception for state consumer notice laws.--The notice 
        required to law enforcement under this section shall be in 
        addition to any notice to consumers required under State or 
        Federal law following the discovery of a security breach. 
        Nothing in this section annuls, alters, affects or exempts any 
        person from complying with the laws of any State with respect 
        to notice to consumers of a security breach, except as provided 
        by subsections (b) and (c).
    (f) Duty of Federal Agencies and Departments.--An agency or 
department of the Federal Government which would be required to give 
notice of a major security breach under section 1039 of title 18, 
United States Code, if that agency or department were a person, shall 
notify the United States Secret Service or Federal Bureau of 
Investigation of the breach in the same time and manner as a person 
subject to that section. The rulemaking authority under subsection (b) 
shall include the authority to make rules for notice under this 
subsection of a major security breach.
    (g) Clerical Amendment.--The table of sections at the beginning of 
chapter 47 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1039. Concealment of security breaches involving personal 
                            information.''.

SEC. 8. PENALTIES FOR SECTION 1030 VIOLATIONS.

    Subsection (c) of section 1030 of title 18, United States Code, is 
amended to read as follows:
    ``(c)(1) The punishment for an offense under subsection (a) or (b) 
is a fine under this title or imprisonment for not more than 30 years, 
or both.
    ``(2) The court, in imposing sentence for an offense under 
subsection (a) or (b), shall, in addition to any other sentence imposed 
and irrespective of any provision of State law, order that the person 
forfeit to the United States--
            ``(A) the person's interest in any personal property that 
        was used or intended to be used to commit or to facilitate the 
        commission of such violation; and
            ``(B) any property, real or personal, constituting or 
        derived from, any proceeds the person obtained, directly or 
        indirectly, as a result of such violation.''.

SEC. 9. DIRECTIVE TO SENTENCING COMMISSION.

    (a) Directive.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall forthwith review its 
guidelines and policy statements applicable to persons convicted of 
offenses under sections 1028, 1028A, 1030, 1030A, 2511 and 2701 of 
title 18, United States Code and any other relevant provisions of law, 
in order to reflect the intent of Congress that such penalties be 
increased in comparison to those currently provided by such guidelines 
and policy statements.
    (b) Requirements.--In determining its guidelines and policy 
statements on the appropriate sentence for the crimes enumerated in 
paragraph (a), the Commission shall consider the extent to which the 
guidelines and policy statements may or may not account for the 
following factors in order to create an effective deterrent to computer 
crime and the theft or misuse of personally identifiable data--
            (1) the level of sophistication and planning involved in 
        such offense;
            (2) whether such offense was committed for purpose of 
        commercial advantage or private financial benefit;
            (3) the potential and actual loss resulting from the 
        offense;
            (4) whether the defendant acted with intent to cause either 
        physical or property harm in committing the offense;
            (5) the extent to which the offense violated the privacy 
        rights of individuals;
            (6) the effect of the offense upon the operations of a 
        government agency of the United States, or of a State or local 
        government;
            (7) whether the offense involved a computer used by the 
        government in furtherance of national defense, national 
        security or the administration of justice;
            (8) whether the offense was intended to, or had the effect 
        of significantly interfering with or disrupting a critical 
        infrastructure;
            (9) whether the offense was intended to, or had the effect 
        of creating a threat to public health or safety, injury to any 
        person, or death; and
            (10) whether the defendant purposefully involved a juvenile 
        in the commission of the offense to avoid punishment.
    (c) Additional Requirements.--In carrying out this section, the 
Commission shall--
            (1) assure reasonable consistency with other relevant 
        directives and with other sentencing guidelines;
            (2) account for any additional aggravating or mitigating 
        circumstances that might justify exceptions to the generally 
        applicable sentencing ranges;
            (3) make any conforming changes to the sentencing 
        guidelines; and
            (4) assure that the guidelines adequately meet the purposes 
        of sentencing as set forth in section 3553(a)(2) of title 18, 
        United States Code.

SEC. 10. DAMAGE TO PROTECTED COMPUTERS.

    (a) Section 1030(a)(5)(B) of title 18, United States Code, is 
amended--
            (1) by striking ``or'' at the end of clause (iv);
            (2) by inserting ``or'' at the end of clause (v); and
            (3) by adding at the end the following:
                            ``(vi) damage affecting ten or more 
                        protected computers during any 1-year 
                        period.''.
    (b) Section 1030(g) of title 18, United States Code, is amended by 
striking ``or'' after ``(iv),'' and inserting ``, or (vi)'' after 
``(v)''.
    (c) Section 2332b(g)(5)(B)(i) of title 18, United States Code, is 
amended by striking ``(v) (relating to protection of computers)'' and 
inserting ``(vi) (relating to the protection of computers)''.

SEC. 11. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE 
              CRIMINAL ACTIVITY INVOLVING COMPUTERS.

    (a) Additional Funding for Resources.--
            (1) Authorization.--In addition to amounts otherwise 
        authorized for resources to investigate and prosecute criminal 
        activity involving computers, there are authorized to be 
        appropriated for each of the fiscal years 2007 through 2011--
                    (A) $10,000,000 to the Director of the United 
                States Secret Service;
                    (B) $10,000,000 to the Attorney General for the 
                Criminal Division of the Department of Justice; and
                    (C) $10,000,000 to the Director of the Federal 
                Bureau of Investigation.
            (2) Availability.--Any amounts appropriated under paragraph 
        (1) shall remain available until expended.
    (b) Use of Additional Funding.--Funds made available under 
subsection (a) shall be used by the Director of the United States 
Secret Service, the Director of the Federal Bureau of Investigation, 
and the Attorney General, for the United States Secret Service, the 
Federal Bureau of Investigation, and the criminal division of the 
Department of Justice, respectively, to--
            (1) hire and train law enforcement officers to--
                    (A) investigate crimes committed through the use of 
                computers and other information technology, including 
                through the use of the Internet; and
                    (B) assist in the prosecution of such crimes; and
            (2) procure advanced tools of forensic science to 
        investigate, prosecute, and study such crimes.

A: Cyber-Security Enhancement and Consumer Data Protection Act of 2006 - (Sec. 2) Amends the federal criminal code to prohibit obtaining without authorization: (1) a means of identification from a protected computer (a computer exclusively for the use of a financial institution or the federal government); or (2) the capability to gain access to or remotely control a protected computer.

(Sec. 3) Revises the definition of "protected computer" to include a computer the use of which affects interstate or foreign commerce or communication. Eliminates the criminal law requirement that conduct constituting computer fraud involve an interstate or foreign communication.

(Sec. 4) Includes computer fraud within the definition of racketeering for purposes of the Racketeer Influenced and Corrupt Organizations Act (RICO).

(Sec. 5) Includes threats to access a protected computer without authorization or to exceed such authorized access within the definition of computer-related extortion.

(Sec. 6) Expands the crime of computer fraud to include conspiracy to commit computer fraud.

(Sec. 7) Imposes a fine and/or prison term of up to five years for failure to notify the U.S. Secret Service or Federal Bureau of Investigation (FBI) of a major security breach in a database containing identification information with the intent to prevent, obstruct, or impede a lawful investigation of such breach. Defines "major security breach" as any security breach that involves: (1) the acquisition of the identification information of 10,000 or more individuals causing a significant risk of identity theft; (2) databases owned by the federal government; and (3) data containing identification information of federal employees or contractors involved in national security matters or law enforcement.

Directs the Attorney General and the Secretary of Homeland Security to jointly issue regulations on the form, content, and timing of notices of major security breaches. Requires that such regulations provide that notice of a security breach be provided to the Secret Service or FBI before notice is provided to consumers and within 14 days after discovery of such breach.

Grants immunity to law enforcement entities or to any person who notifies law enforcement of a security breach.

Imposes a civil penalty of $50,000 for each day any individual fails to provide notice of a major security breach (not to exceed $1 million).

(Sec. 8) Increases the prison term for computer fraud to a maximum of 30 years. Requires forfeiture of any personal property used to commit computer fraud.

(Sec. 9) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to reflect congressional intent to increase criminal penalties for computer fraud.

(Sec. 10) Imposes criminal penalties for damage affecting ten or more protected computers during any one-year period.

(Sec. 11) Authorizes additional funding in FY2007-FY2011 to the Director of the Secret Service, the Attorney General for the Criminal Division of the Department of Justice, and the Director of the FBI to investigate and prosecute crimes committed through the use of computers.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Individuals From Mass 
Aerial Surveillance Act of 2015''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Mobile aerial-view device, or mavd.--The terms ``mobile 
        aerial-view device'' and ``MAVD'' mean any device that through 
        flight or aerial lift obtains an aerial view of property, 
        persons or their effects, including an unmanned aircraft (as 
        defined in section 331 of the FAA Modernization and Reform Act 
        of 2012 (49 U.S.C. 40101 note)).
            (2) Law enforcement official or agency.--The term ``law 
        enforcement official or agency'' means a person or entity 
        authorized by law, or funded by the Government of the United 
        States, to investigate or prosecute offenses against the United 
        States.
            (3) Federal entity.--The term ``Federal entity'' means any 
        person or entity acting under the authority of, or funded in 
        whole or in part by, the Government, including a Federal law 
        enforcement official or agency, but excluding State, tribal, or 
        local government agencies or departments.
            (4) National borders.--The term ``national border'' means 
        an area that shares not more than 5 miles of an external land 
        boundary of the United States.
            (5) Non-federal entity.--The term ``non-Federal entity'' 
        means any person or entity that is not a Federal entity.
            (6) Surveil.--The term ``surveil'' means to photograph, 
        record, or observe using a sensing device, regardless of 
        whether the photographs, observations, or recordings are 
        stored, and excludes using a sensing device for the purposes of 
        testing or training operations of MAVDs.
            (7) Sensing device.--
                            (A) Meaning.--The term ``sensing device'' 
                        means a device capable of remotely acquiring 
                        personal information from its surroundings 
                        using any frequency of the electromagnetic 
                        spectrum, or a sound detecting system, or a 
                        system that detects chemicals in the 
                        atmosphere.
                            (B) Specific equipment not included.--The 
                        term ``sensing device'' does not include 
                        equipment for which the sole function is to 
                        provide information directly necessary for safe 
                        air navigation or operation of a MAVD.
            (8) Public lands.--The term ``public lands'' means lands 
        owned by the Government of the United States.

SEC. 3. PROHIBITED USE OF MAVDS.

    A Federal entity shall not use a MAVD to surveil property, persons 
or their effects, or gather evidence or other information pertaining to 
known or suspected criminal conduct, or conduct that is in violation of 
a law or regulation.

SEC. 4. EXCEPTIONS.

    This Act shall not prohibit any of the following:
            (1) Patrol of borders and national waters.--The use of a 
        MAVD by a Federal entity to surveil national borders or 
        national waters of the United States to prevent or deter 
        illegal entry of any person or illegal substance at the borders 
        or in national waters of the United States.
            (2) Exigent circumstances.--
                    (A) Action necessary.--The use of a MAVD by a 
                Federal entity when exigent circumstances exist. For 
                the purposes of this paragraph, exigent circumstances 
                exist when the Federal entity possesses reasonable 
                suspicion that under particular circumstances, swift 
                action is necessary--
                            (i) to prevent imminent danger of death or 
                        serious bodily harm to a specific individual;
                            (ii) to counter an imminent risk of a 
                        terrorist attack by a specific individual or 
                        organization;
                            (iii) to prevent imminent destruction of 
                        evidence; or
                            (iv) to counter an imminent or actual 
                        escape of a criminal or terrorist suspect.
                    (B) Records.--A Federal entity using a MAVD 
                pursuant to subparagraph (A)(i) shall maintain a 
                retrievable record of the facts giving rise to the 
                reasonable suspicion that an exigent circumstance 
                existed.
            (3) Public safety and research.--The use of a MAVD by a 
        Federal entity--
                    (A) to discover, locate, observe, gather evidence 
                in connection to, or prevent forest fires;
                    (B) to monitor environmental, geologic, or weather-
                related catastrophe or damage from such an event;
                    (C) to research or survey for wildlife management, 
                habitat preservation, or geologic, atmospheric, or 
                environmental damage or conditions;
                    (D) to survey for the assessment and evaluation of 
                environmental, geologic or weather-related damage, 
                erosion, flood, or contamination; and
                    (E) to survey public lands for illegal vegetation.
            (4) Consent.--The use of a MAVD by a Federal entity for the 
        purpose of acquiring information about an individual, or about 
        an individual's property or effects, if such individual has 
        given written consent to the use of a MAVD for such purposes.
            (5) Warrant.--Law enforcement using a MAVD, pursuant to, 
        and in accordance with, a Rule 41 warrant, to surveil specific 
        property, persons, or their effects.

SEC. 5. BAN ON IDENTIFYING INDIVIDUALS.

    (a) Confidential Information.--No Federal entity actor may make any 
intentional effort to identify an individual from, or associate an 
individual with, the information collected by operations authorized by 
paragraphs (1) through (3) of section 4, nor shall the collected 
information be disclosed to any entity except another Federal entity or 
State, tribal, or local government agency or department, or political 
subdivision thereof, that agrees to be bound by the restrictions in 
this Act.
    (b) Probable Cause.--The restrictions described in subsection (a) 
shall not apply if there is probable cause that the information 
collected is evidence of specific criminal activity and a warrant is 
obtained.

SEC. 6. PROHIBITION ON USE OF EVIDENCE.

    No evidence obtained or collected in violation of this Act may be 
admissible as evidence against an individual in any trial, hearing, or 
other proceeding in or before any court, grand jury, department, 
officer, agency, regulatory body, legislative committee, or other 
authority of the United States, a State, or a political subdivision 
thereof.

SEC. 7. PROHIBITION ON SOLICITATION AND PURCHASE.

    (a) Existing Authority.--A Federal entity shall not solicit to or 
award contracts to any entity for such entity to surveil by MAVD for 
the Federal entity, unless the Federal entity has existing authority to 
surveil the particular property, persons or their effects, or interest.
    (b) Permission Granted.--A Federal entity shall not purchase any 
information obtained from MAVD surveillance by a non-Federal entity if 
such information contains personal information, except pursuant to the 
express consent of all persons whose personal information is to be 
sold.

SEC. 8. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to preempt any State law 
regarding the use of MAVDs exclusively within the borders of that 
State.

A:
Protecting Individuals From Mass Aerial Surveillance Act of 2015 This bill prohibits a federal entity from using unmanned aircraft&nbsp;or other mobile aerial-view devices (MAVDs) to: (1)&nbsp;surveil property, persons, or their effects; or&nbsp;(2) gather evidence pertaining to known or suspected criminal conduct, or conduct that violates a law or regulation. Exceptions allow MAVDs to be used by federal entities to:  surveil national borders or national waters to prevent or deter illegal entry of persons or illegal substances;  prevent imminent danger of death or serious bodily harm to a specific individual, counter an imminent risk of a terrorist attack by a specific individual or organization, prevent imminent destruction of evidence, or counter an imminent or actual escape of a criminal or terrorist suspect;  monitor or research environmental, geologic, or weather-related damage and events, including forest fires, erosion, floods, wildlife, habitats, or illegal vegetation on public lands; or  acquire information about an individual who consents to the use of an MAVD.  Law enforcement officials or agencies may use an MAVD to surveil specific property, persons, or their effects pursuant to a search and seizure warrant.  The bill: (1) prohibits a federal entity actor from making an intentional effort to identify an individual from, or associate an individual with, the information collected under certain exceptions to the prohibition on the use of MAVDs; and (2) bars disclosure of collected information except to another federal entity or state, tribal, or local government agency that agrees to be bound by the restrictions in this Act. Such identification and disclosure restrictions shall not apply if there is probable cause that the information collected is evidence of specific criminal activity and a warrant is obtained. Federal entities are prohibited from: (1) soliciting or awarding contracts to surveil by MAVD for a federal entity, unless the federal entity has existing authority for such surveillance; or (2) purchasing information obtained from MAVD surveillance by a nonfederal entity if such information contains personal information, except with the consent of the affected persons. This Act shall not be construed to preempt any state law regarding the use of MAVDs exclusively within the borders of that state.
****