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

Input: Consider Input: 16, 110th Congress, agreed 
    to in the Senate March 1, 2007, and House Concurrent Resolution 80, 
    110th Congress, agreed to in the House of Representatives June 18, 
    2007.
SEC. 4. REQUIREMENT OF A STRATEGY TO SUPPORT THE DISARMAMENT OF THE 
LORD'S RESISTANCE ARMY.
    (a) Requirement for Strategy.--Not later than 180 days after the 
date of the enactment of this Act, the President shall develop and 
submit to the appropriate committees of Congress a strategy to guide 
future United States support across the region for viable multilateral 
efforts to mitigate and eliminate the threat to civilians and regional 
stability posed by the Lord's Resistance Army.
    (b) Content of Strategy.--The strategy shall include the following:
        (1) A plan to help strengthen efforts by the United Nations and 
    regional governments to protect civilians from attacks by the 
    Lord's Resistance Army while supporting the development of 
    institutions in affected areas that can help to maintain the rule 
    of law and prevent conflict in the long term.
        (2) An assessment of viable options through which the United 
    States, working with regional governments, could help develop and 
    support multilateral efforts to eliminate the threat posed by the 
    Lord's Resistance Army.
        (3) An interagency framework to plan, coordinate, and review 
    diplomatic, economic, intelligence, and military elements of United 
    States policy across the region regarding the Lord's Resistance 
    Army.
        (4) A description of the type and form of diplomatic engagement 
    across the region undertaken to coordinate and implement United 
    States policy regarding the Lord's Resistance Army and to work 
    multilaterally with regional mechanisms, including the Tripartite 
    Plus Commission and the Great Lakes Pact.
        (5) A description of how this engagement will fit within the 
    context of broader efforts and policy objectives in the Great Lakes 
    Region.
    (c) Form.--The strategy under this section shall be submitted in 
unclassified form, but may include a classified annex.
SEC. 5. HUMANITARIAN ASSISTANCE FOR AREAS OUTSIDE UGANDA AFFECTED BY 
THE LORD'S RESISTANCE ARMY.
    In accordance with section 491 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2292) and section 2 of the Migration and Refugee 
Assistance Act of 1962 (22 U.S.C. 2601), the President is authorized to 
provide additional assistance to the Democratic Republic of Congo, 
southern Sudan, and Central African Republic to respond to the 
humanitarian needs of populations directly affected by the activity of 
the Lord's Resistance Army.
SEC. 6. ASSISTANCE FOR RECOVERY AND RECONSTRUCTION IN NORTHERN UGANDA.
    (a) Authority.--It is the sense of Congress that the President 
should support efforts by the people of northern Uganda and the 
Government of Uganda--
        (1) to assist internally displaced people in transition and 
    returnees to secure durable solutions by spurring economic 
    revitalization, supporting livelihoods, helping to alleviate 
    poverty, and advancing access to basic services at return sites, 
    specifically clean water, health care, and schools;
        (2) to enhance the accountability and administrative competency 
    of local governance institutions and public agencies in northern 
    Uganda with regard to budget management, provision of public goods 
    and services, and related oversight functions;
        (3) to strengthen the operational capacity of the civilian 
    police in northern Uganda to enhance public safety, prevent crime, 
    and deal sensitively with gender-based violence, while 
    strengthening accountability measures to prevent corruption and 
    abuses;
        (4) to rebuild and improve the capacity of the justice system 
    in northern Uganda, including the courts and penal systems, with 
    particular sensitivity to the needs and rights of women and 
    children;
        (5) to establish mechanisms for the disarmament, 
    demobilization, and reintegration of former combatants and those 
    abducted by the LRA, including vocational education and employment 
    opportunities, with attention given to the roles and needs of men, 
    women and children; and
        (6) to promote programs to address psychosocial trauma, 
    particularly post-traumatic stress disorder.
    (b) Future Year Funding.--It is the sense of Congress that the 
Secretary of State and Administrator of the United States Agency for 
International Development should work with the appropriate committees 
of Congress to increase assistance in future fiscal years to support 
activities described in this section if the Government of Uganda 
demonstrates a commitment to transparent and accountable reconstruction 
in war-affected areas of northern Uganda, specifically by--
        (1) finalizing the establishment of mechanisms within the 
    Office of the Prime Minister to sufficiently manage and coordinate 
    the programs under the framework of the Peace Recovery and 
    Development Plan for Northern Uganda (PRDP);
        (2) increasing oversight activities and reporting, at the local 
    and national level in Uganda, to ensure funds under the Peace 
    Recovery and Development Plan for Northern Uganda framework are 
    used efficiently and with minimal waste; and
        (3) committing substantial funds of its own, above and beyond 
    standard budget allocations to local governments, to the task of 
    implementing the Peace Recovery and Development Plan for Northern 
    Uganda such that communities affected by the war can recover.
    (c) Coordination With Other Donor Nations.--The United States 
should work with other donor nations to increase contributions for 
recovery efforts in northern Uganda and better leverage those 
contributions to enhance the capacity and encourage the leadership of 
the Government of Uganda in promoting transparent and accountable 
reconstruction in northern Uganda.
    (d) Termination of Assistance.--It is the sense of Congress that 
the Secretary of State should withhold non-humanitarian bilateral 
assistance to the Republic of Uganda if the Secretary determines that 
the Government of Uganda is not committed to reconstruction and 
reconciliation in the war-affected areas of northern Uganda and is not 
taking proactive steps to ensure this process moves forward in a 
transparent and accountable manner.
SEC. 7. ASSISTANCE FOR RECONCILIATION AND TRANSITIONAL JUSTICE IN 
NORTHERN UGANDA.
    (a) Sense of Congress.--It is the sense of Congress that, despite 
reconstruction and development efforts, a continued failure to take 
meaningful steps toward national reconciliation and accountability 
risks perpetuating longstanding political grievances and fueling new 
conflicts.
    (b) Authority.--In accordance with section 531 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2346), the President is authorized to 
support efforts by the people of northern Uganda and the Government of 
Uganda to advance efforts to promote transitional justice and 
reconciliation on both local and national levels, including to 
encourage implementation of the mechanisms outlined in the Annexure to 
the Agreement on Accountability and Reconciliation between the 
Government of Uganda and the Lord's Resistance Army/Movement, signed at 
Juba February 19, 2008, namely--
        (1) a body to investigate the history of the conflict, inquire 
    into human rights violations committed during the conflict by all 
    sides, promote truth-telling in communities, and encourage the 
    preservation of the memory of events and victims of the conflict 
    through memorials, archives, commemorations, and other forms of 
    preservation;
        (2) a special division of the High Court of Uganda to try 
    individuals alleged to have committed serious crimes during the 
    conflict, and a special unit to carry out investigations and 
    prosecutions in support of trials;
        (3) a system for making reparations to victims of the conflict; 
    and
        (4) a review and strategy for supporting transitional justice 
    mechanisms in affected areas to promote reconciliation and 
    encourage individuals to take personal responsibility for their 
    conduct during the war.
SEC. 8. REPORT.
    (a) Report Required.--Not later than 1 year after the submission of 
the strategy required under section 4, the Secretary of State shall 
prepare and submit to the appropriate committees of Congress a report 
on the progress made toward the implementation of the strategy required 
under section 4 and a description and evaluation of the assistance 
provided under this Act toward the policy objectives described in 
section 3.
    (b) Contents.--The report required under section (a) shall 
include--
        (1) a description and evaluation of actions taken toward the 
    implementation of the strategy required under section 4;
        (2) a description of assistance provided under sections 5, 6, 
    and 7;
        (3) an evaluation of bilateral assistance provided to the 
    Republic of Uganda and associated programs in light of stated 
    policy objectives;
        (4) a description of the status of the Peace Recovery and 
    Development Plan for Northern Uganda and the progress of the 
    Government of Uganda in fulfilling the steps outlined in section 
    6(b); and
        (5) a description of amounts of assistance committed, and 
    amounts provided, to northern Uganda during the reporting period by 
    the Government of Uganda and each donor country.
    (c) Form.--The report under this section shall be submitted in 
unclassified form, but may include a classified annex.
SEC. 9. SENSE OF CONGRESS ON FUNDING.
    It is the sense of Congress that--
        (1) of the total amounts to be appropriated for fiscal year 
    2011 for the Department of State and foreign operations, up to 
    $10,000,000 should be used to carry out activities under section 5; 
    and
        (2) of the total amounts to be appropriated for fiscal year 
    2011 through 2013 for the Department of State and foreign 
    operations, up to $10,000,000 in each such fiscal year should be 
    used to carry out activities under section 7.
  SEC. 10. DEFINITIONS.
    In this Act:
        (1) Appropriate committees of congress.--The term ``appropriate 
    committees of Congress'' means the Committee on Appropriations and 
    the Committee on Foreign Relations of the Senate and the Committee 
    on Appropriations and the Committee on Foreign Affairs of the House 
    of Representatives.
        (2) Great lakes region.--The term ``Great Lakes Region'' means 
    the region comprising Burundi, Democratic Republic of Congo, 
    Rwanda, southern Sudan, and Uganda.
        (3) LRA-affected areas.--The term ``LRA-affected areas'' means 
    those portions of northern Uganda, southern Sudan, northeastern 
    Democratic Republic of Congo, and southeastern Central African 
    Republic determined by the Secretary of State to be affected by the 
    Lord's Resistance Army as of the date of the enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

Output: Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of 2009 - (Sec. 4) Directs the President to submit to Congress a regional strategy to guide U.S. support for multilateral efforts to eliminate the threat to civilians and regional stability posed by the Lord's Resistance Army (LRA). Requires the strategy to include: (1) a plan to help strengthen efforts by the United Nations (U.N.) and regional governments to protect civilians from attacks by the LRA; (2) an assessment of viable options through which the United States could help develop and support multilateral efforts to eliminate the threat posed by the LRA; (3) an interagency framework to plan, coordinate, and review diplomatic, economic, intelligence, and military elements of U.S. policy across the region regarding the LRA; (4) a description of the type and form of diplomatic engagement across the region undertaken to coordinate and implement U.S. policy regarding the LRA and to work multilaterally with regional mechanisms, including the Tripartite Plus Commission and the Great Lakes Pact; and (5) a description of how this engagement will fit within the context of broader efforts and policy objectives in the Great Lakes Region.

(Sec. 5) Authorizes the President to provide additional assistance to respond to the humanitarian needs of populations the Democratic Republic of Congo, southern Sudan, and Central African Republic affected by LRA activity.

(Sec. 6) Expresses the sense of Congress that the President should support efforts by the people of northern Uganda and the government of Uganda to: (1) assist internally displaced people in transition and returnees by spurring economic revitalization and advancing access to basic services at return sites; (2) enhance the accountability and administrative competency of local governance institutions and public agencies in northern Uganda; (3) strengthen the operational capacity of the civilian police and the justice system in northern Uganda; (4) establish mechanisms for the disarmament and reintegration of former combatants and those abducted by the LRA; and (5) promote programs to address psychosocial trauma.

Expresses the sense of Congress that: (1) the Secretary of State and the Administrator of the United States Agency for International Development (USAID) should work with Congress to increase future assistance to Uganda if the government of Uganda demonstrates a commitment to reconstruction in war-affected areas of northern Uganda; and (2) the Secretary should withhold non-humanitarian assistance to Uganda if the government of Uganda is not committed to reconstruction and reconciliation in the war-affected areas of northern Uganda and is not taking steps to ensure this process moves forward in a transparent and accountable manner.

(Sec. 7) Expresses the sense of Congress that a continued failure to take meaningful steps toward national reconciliation and accountability risks perpetuating political grievances and fueling new conflicts.

Authorizes the President to support efforts by the people of northern Uganda and the government of Uganda to promote transitional justice and reconciliation on both local and national levels, including to encourage implementation of the mechanisms in the Annexure to the Agreement on Accountability and Reconciliation between the government of Uganda and the LRA.

(Sec. 8) Directs the Secretary to report to Congress on implementation of the strategy and evaluation of the assistance under this Act.

(Sec. 9) Expresses the sense of Congress that: (1) of the total amounts to be appropriated for FY2011 for the Department of State and foreign operations, up to $10 million should be used to carry out activities under section 5; and (2) of the total amounts to be appropriated for FY2011-FY2013 for the Department of State and foreign operations, up to $10 million in each such fiscal year should be used to carry out activities under section 7.

(Sec. 10) Defines: (1) "Great Lakes Region" as the region comprising Burundi, Democratic Republic of Congo, Rwanda, southern Sudan, and Uganda; and (2) "LRA-affected areas" as those portions of northern Uganda, southern Sudan, northeastern Democratic Republic of Congo, and southeastern Central African Republic affected by the LRA.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Scientifically Identifying the Need 
for Critical Habitat Act''.

SEC. 2. DISCRETIONARY AUTHORITY TO DESIGNATE CRITICAL HABITAT.

    Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)(3)(A)) is amended to read as follows:
            ``(A) may designate any habitat of a species that is 
        determined under paragraph (1) to be an endangered species or 
        threatened species as critical habitat of such species; and ''.

SEC. 3. SOUND SCIENCE.

    (a) Best Scientific and Commercial Data Available.--
            (1) In general.--Section 3 of the Endangered Species Act of 
        1973 (16 U.S.C. 1532) is amended--
                    (A) by amending the section heading to read as 
                follows:

``SEC. 3. DEFINITIONS AND GENERAL PROVISIONS. '';

                    (B) by striking ``For the purposes of this Act--'' 
                and inserting the following:
    ``(a) Definitions.--In this Act:''; and
                    (C) by adding at the end the following:
    ``(b) Use of Certain Data.--In any case in which the Secretary is 
required by this Act to use the best scientific and commercial data 
available, the Secretary, in evaluating comparable data, shall give 
greater weight to scientific or commercial data that is empirical or 
has been field-tested or peer-reviewed.''.
            (2) Conforming amendment.--The table of contents in the 
        first section of the Endangered Species Act of 1973 (16 U.S.C. 
        prec. 1531) is amended by striking the item relating to section 
        3 and inserting the following:

``Sec. 3. Definitions and general provisions.''.
    (b) Use of Sound Science in Listing.--Section 4(b) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding 
at the end the following:
            ``(9) Establishment of criteria for scientific studies to 
        support listing.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary shall promulgate 
        regulations that establish criteria that must be met for 
        scientific and commercial data to be used as the basis of a 
        determination under this section that a species is an 
        endangered species or a threatened species.
            ``(10) Field data.--
                    ``(A) Requirement.--The Secretary may not determine 
                that a species is an endangered species or a threatened 
                species unless the determination is supported by data 
                obtained by observation of the species in the field.
                    ``(B) Data from landowners.--The Secretary shall--
                            ``(i) accept and acknowledge receipt of 
                        data regarding the status of a species that is 
                        collected by an owner of land through 
                        observation of the species on the land; and
                            ``(ii) include the data in the rulemaking 
                        record compiled for any determination that the 
                        species is an endangered species or a 
                        threatened species.''.
    (c) Use of Sound Science in Recovery Planning.--Section 4(f) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding 
at the end the following:
    ``(6)(A) The Secretary shall identify and publish in the Federal 
Register with the notice of a proposed regulation pursuant to paragraph 
(5)(A)(i) a description of additional scientific and commercial data 
that would assist in the preparation of a recovery plan and--
            ``(i) invite any person to submit the data to the 
        Secretary; and
            ``(ii) describe the steps that the Secretary plans to take 
        for acquiring additional data.
    ``(B) Data identified and obtained under subparagraph (A)(i) shall 
be considered by the recovery team and the Secretary in the preparation 
of the recovery plan in accordance with section 5.''.

SEC. 4. PEER REVIEW.

    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is 
amended by adding at the end the following:
    ``(j) Independent Scientific Review Requirements.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Action.--The term `action' means--
                            ``(i) the determination that a species is 
                        an endangered species or a threatened species 
                        under subsection (a);
                            ``(ii) the determination under subsection 
                        (a) that an endangered species or a threatened 
                        species be removed from any list published 
                        under subsection (c)(1);
                            ``(iii) the development of a recovery plan 
                        for a threatened species or endangered species 
                        under subsection (f); and
                            ``(iv) the determination that a proposed 
                        action is likely to jeopardize the continued 
                        existence of a listed species and the proposal 
                        of any reasonable and prudent alternatives by 
                        the Secretary under section 7(b)(3).
                    ``(B) Qualified individual.--The term `qualified 
                individual' means an individual with expertise in the 
                biological sciences--
                            ``(i) who through publication of peer-
                        reviewed scientific literature or other means, 
                        has demonstrated scientific expertise on the 
                        species or a similar species or other 
                        scientific expertise relevant to the decision 
                        of the Secretary under subsection (a) or (f);
                            ``(ii) who does not have, or represent any 
                        person with, a conflict of interest with 
                        respect to the determination that is the 
                        subject of the review;
                            ``(iii) who is not a participant in any 
                        petition or proposed or final determination 
                        before the Secretary; and
                            ``(iv) who has no direct financial 
                        interest, and is not employed by any person 
                        with a direct financial interest, in opposing 
                        the action under consideration.
            ``(2) List of independent scientific reviewers.--The 
        Secretary shall solicit recommendations from the National 
        Academy of Sciences and develop and maintain a list of 
        qualified reviewers to participate in independent scientific 
        review actions.
            ``(3) Appointment of independent scientific reviewers.--(A) 
        Before any action shall become final, the Secretary shall 
        appoint randomly, from among the list prepared in accordance 
        with this section, 3 qualified individuals who shall review and 
        report to the Secretary on the scientific information and 
        analyses on which the proposed action is based.
            ``(B) The selection and activities of the referees selected 
        pursuant to this section shall not be subject to the Federal 
        Advisory Committee Act (5 U.S.C. App.).
            ``(C) Reviewers shall be compensated for conducting the 
        independent review.
            ``(4) Opinion of peer reviewers.--Independent reviewers 
        shall provide the Secretary, within 3 months, their opinion 
        regarding all relevant scientific information and assumptions 
        relating to the taxonomy, population models, and supportive 
        biological and ecological information for the species in 
        question.
            ``(5) Final determination.--If the referees have made a 
        recommendation on a proposed action, the Secretary shall 
        evaluate and consider the information that results from the 
        independent scientific review and include in the final 
        determination--
                    ``(A) a summary of the results of the independent 
                scientific review; and
                    ``(B) in a case in which the recommendation of a 
                majority of the referees who conducted the independent 
                scientific review is not followed, an explanation as to 
                why the recommendation was not followed.
            ``(6) Public notice.--The report of the peer reviewers 
        shall be included in the official record of the proposed action 
        and shall be available for public review prior to the close of 
        the comment period on the proposed action.''.

SEC. 5. IMPROVED RECOVERY PLANNING.

    (a) Use of Information Provided by States.--Section 7(b)(1) of the 
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by 
adding at the end the following:
                    ``(C) Use of state information.--In conducting a 
                consultation under subsection (a)(2), the Secretary 
                shall actively solicit and consider information from 
                the State agency in each affected State.''.
    (b) Opportunity to Participate in Consultations.--Section 7(b)(1) 
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as 
amended by subsection (a)) is further amended by adding at the end the 
following:
                    ``(D) Opportunity to participate in 
                consultations.--
                            ``(i) In general.--In conducting a 
                        consultation under subsection (a)(2), the 
                        Secretary shall provide any person who has 
                        sought authorization or funding from a Federal 
                        agency for an action that is the subject of the 
                        consultation, the opportunity to--
                                    ``(I) before the development of a 
                                draft biological opinion, submit and 
                                discuss with the Secretary and the 
                                Federal agency information relevant to 
                                the effect of the proposed action on 
                                the species and the availability of 
                                reasonable and prudent alternatives (if 
                                a jeopardy opinion is to be issued) 
                                that the Federal agency and the person 
                                can take to avoid violation of 
                                subsection (a)(2);
                                    ``(II) receive information, on 
                                request, subject to the exemptions 
                                specified in section 552(b) of title 5, 
                                United States Code, on the status of 
                                the species, threats to the species, 
                                and conservation measures, used by the 
                                Secretary to develop the draft 
                                biological opinion and the final 
                                biological opinion, including the 
                                associated incidental taking 
                                statements; and
                                    ``(III) receive a copy of the draft 
                                biological opinion from the Federal 
                                agency and, before issuance of the 
                                final biological opinion, submit 
                                comments on the draft biological 
                                opinion and discuss with the Secretary 
                                and the Federal agency the basis for 
                                any finding in the draft biological 
                                opinion.
                            ``(ii) Explanation.--If reasonable and 
                        prudent alternatives are proposed by a person 
                        under clause (i) and the Secretary does not 
                        include the alternatives in the final 
                        biological opinion, the Secretary shall explain 
                        to the person why those alternatives were not 
                        included in the opinion.
                            ``(iii) Public access to information.--
                        Comments and other information submitted to, or 
                        received from, any person (pursuant to clause 
                        (i)) who seeks authorization or funding for an 
                        action shall be maintained in a file for that 
                        action by the Secretary and shall be made 
                        available to the public (subject to the 
                        exemptions specified in section 552(b) of title 
                        5, United States Code).''.

Output: Scientifically Identifying the Need for Critical Habitat Act - Amends the Endangered Species Act of 1973 to change from mandatory to discretionary the authority of the Secretary of the Interior to designate critical habitat of an endangered or threatened species.

Directs the Secretary, when required by the Act to use the best scientific and commercial data available, in evaluating comparable data to give greater weight to such data that is empirical or has been field-tested or peer-reviewed.

Specifies requirements for the use of sound science in the listing of endangered or threatened species such as: (1) the establishment of criteria for scientific studies to support the listing; (2) use of data obtained by observation of the species in the field; and (3) use of data from landowners who have observed such species on their land. Requires the use of sound science in the preparation of a recovery plan for an endangered or threatened species.

Sets forth requirements for: (1) peer review before certain action can become final with respect to endangered or threatened species; and (2) use of information provided by States affected by such species or their habitat for recovery plans.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cyber Crime Protection Security 
Act''.

SEC. 2. ORGANIZED CRIMINAL ACTIVITY IN CONNECTION WITH UNAUTHORIZED 
              ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION.

    Section 1961(1) of title 18, United States Code, is amended by 
inserting ``section 1030 (relating to fraud and related activity in 
connection with computers) if the act is a felony,'' before ``section 
1084''.

SEC. 3. PENALTIES FOR FRAUD AND RELATED ACTIVITY IN CONNECTION WITH 
              COMPUTERS.

    Section 1030(c) of title 18, United States Code, is amended to read 
as follows:
    ``(c) The punishment for an offense under subsection (a) or (b) of 
this section is--
            ``(1) a fine under this title or imprisonment for not more 
        than 20 years, or both, in the case of an offense under 
        subsection (a)(1) of this section;
            ``(2)(A) except as provided in subparagraph (B), a fine 
        under this title or imprisonment for not more than 3 years, or 
        both, in the case of an offense under subsection (a)(2); or
            ``(B) a fine under this title or imprisonment for not more 
        than ten years, or both, in the case of an offense under 
        paragraph (a)(2) of this section, if--
                    ``(i) the offense was committed for purposes of 
                commercial advantage or private financial gain;
                    ``(ii) the offense was committed in the furtherance 
                of any criminal or tortious act in violation of the 
                Constitution or laws of the United States, or of any 
                State; or
                    ``(iii) the value of the information obtained, or 
                that would have been obtained if the offense was 
                completed, exceeds $5,000;
            ``(3) a fine under this title or imprisonment for not more 
        than 1 year, or both, in the case of an offense under 
        subsection (a)(3) of this section;
            ``(4) a fine under this title or imprisonment of not more 
        than 20 years, or both, in the case of an offense under 
        subsection (a)(4) of this section;
            ``(5)(A) except as provided in subparagraph (D), 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) of 
        this section, if the offense caused--
                    ``(i) loss to 1 or more persons during any 1-year 
                period (and, for purposes of an investigation, 
                prosecution, or other proceeding brought by the United 
                States only, loss resulting from a related course of 
                conduct affecting 1 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 1 or more individuals;
                    ``(iii) physical injury to any person;
                    ``(iv) a threat to public health or safety;
                    ``(v) damage affecting a computer used by, or on 
                behalf of, an entity of the United States Government in 
                furtherance of the administration of justice, national 
                defense, or national security; or
                    ``(vi) damage affecting 10 or more protected 
                computers during any 1-year period;
            ``(B) a fine under this title, imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(5)(B), if the offense caused a harm provided in 
        clause (i) through (vi) of subparagraph (A) of this subsection;
            ``(C) if the offender attempts to cause or knowingly or 
        recklessly causes death from conduct in violation of subsection 
        (a)(5)(A), a fine under this title, imprisonment for any term 
        of years or for life, or both; or
            ``(D) a fine under this title, imprisonment for not more 
        than 1 year, or both, for any other offense under subsection 
        (a)(5);
            ``(6) a fine under this title or imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(6) of this section; or
            ``(7) a fine under this title or imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(7) of this section..''.

SEC. 4. TRAFFICKING IN PASSWORDS.

    Section 1030(a) of title 18, United States Code, is amended by 
striking paragraph (6) and inserting the following:
            ``(6) knowingly and with intent to defraud traffics (as 
        defined in section 1029) in--
                    ``(A) any password or similar information or means 
                of access through which a protected computer as defined 
                in subparagraphs (A) and (B) of subsection (e)(2) may 
                be accessed without authorization; or
                    ``(B) any means of access through which a protected 
                computer as defined in subsection (e)(2)(A) may be 
                accessed without authorization.''.

SEC. 5. CONSPIRACY AND ATTEMPTED COMPUTER FRAUD OFFENSES.

    Section 1030(b) of title 18, United States Code, is amended by 
inserting ``for the completed offense'' after ``punished as provided''.

SEC. 6. CRIMINAL AND CIVIL FORFEITURE FOR FRAUD AND RELATED ACTIVITY IN 
              CONNECTION WITH COMPUTERS.

    Section 1030 of title 18, United States Code, is amended by 
striking subsections (i) and (j) and inserting the following:
    ``(i) Criminal Forfeiture.--
            ``(1) The court, in imposing sentence on any person 
        convicted of a violation of this section, or convicted of 
        conspiracy to violate this section, shall order, in addition to 
        any other sentence imposed and irrespective of any provision of 
        State law, that such person forfeit to the United States--
                    ``(A) such person's interest in any property, real 
                or personal, that was used, or intended to be used, to 
                commit or facilitate the commission of such violation; 
                and
                    ``(B) any property, real or personal, constituting 
                or derived from any gross proceeds, or any property 
                traceable to such property, that such person obtained, 
                directly or indirectly, as a result of such violation.
            ``(2) The criminal forfeiture of property under this 
        subsection, including any seizure and disposition of the 
        property, and any related judicial or administrative 
        proceeding, shall be governed by the provisions of section 413 
        of the Comprehensive Drug Abuse Prevention and Control Act of 
        1970 (21 U.S.C. 853), except subsection (d) of that section.
    ``(j) Civil Forfeiture.--
            ``(1) The following shall be subject to forfeiture to the 
        United States and no property right, real or personal, shall 
        exist in them:
                    ``(A) Any property, real or personal, that was 
                used, or intended to be used, to commit or facilitate 
                the commission of any violation of this section, or a 
                conspiracy to violate this section.
                    ``(B) Any property, real or personal, constituting 
                or derived from any gross proceeds obtained directly or 
                indirectly, or any property traceable to such property, 
                as a result of the commission of any violation of this 
                section, or a conspiracy to violate this section.
            ``(2) Seizures and forfeitures under this subsection shall 
        be governed by the provisions in chapter 46 of title 18, United 
        States Code, relating to civil forfeitures, except that such 
        duties as are imposed on the Secretary of the Treasury under 
        the customs laws described in section 981(d) of title 18, 
        United States Code, shall be performed by such officers, agents 
        and other persons as may be designated for that purpose by the 
        Secretary of Homeland Security or the Attorney General.''.

SEC. 7. DAMAGE TO CRITICAL INFRASTRUCTURE COMPUTERS.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by inserting after section 1030 the following:

``SEC. 1030A. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE COMPUTER.

    ``(a) Definitions.--In this section--
            ``(1) the terms `computer' and `damage' have the meanings 
        given such terms in section 1030; and
            ``(2) the term `critical infrastructure computer' means a 
        computer that manages or controls systems or assets vital to 
        national defense, national security, national economic 
        security, public health or safety, or any combination of those 
        matters, whether publicly or privately owned or operated, 
        including--
                    ``(A) gas and oil production, storage, and delivery 
                systems;
                    ``(B) water supply systems;
                    ``(C) telecommunication networks;
                    ``(D) electrical power delivery systems;
                    ``(E) finance and banking systems;
                    ``(F) emergency services;
                    ``(G) transportation systems and services; and
                    ``(H) government operations that provide essential 
                services to the public.
    ``(b) Offense.--It shall be unlawful to, during and in relation to 
a felony violation of section 1030, intentionally cause or attempt to 
cause damage to a critical infrastructure computer, and such damage 
results in (or, in the case of an attempt, would, if completed have 
resulted in) the substantial impairment--
            ``(1) of the operation of the critical infrastructure 
        computer; or
            ``(2) of the critical infrastructure associated with the 
        computer.
    ``(c) Penalty.--Any person who violates subsection (b) shall be 
fined under this title, imprisoned for not less than 3 years nor more 
than 20 years, or both.
    ``(d) Consecutive Sentence.--Notwithstanding any other provision of 
law--
            ``(1) a court shall not place on probation any person 
        convicted of a violation of this section;
            ``(2) except as provided in paragraph (4), no term of 
        imprisonment imposed on a person under this section shall run 
        concurrently with any other term of imprisonment, including any 
        term of imprisonment imposed on the person under any other 
        provision of law, including any term of imprisonment imposed 
        for the felony violation section 1030;
            ``(3) in determining any term of imprisonment to be imposed 
        for a felony violation of section 1030, a court shall not in 
        any way reduce the term to be imposed for such crime so as to 
        compensate for, or otherwise take into account, any separate 
        term of imprisonment imposed or to be imposed for a violation 
        of this section; and
            ``(4) a term of imprisonment imposed on a person for a 
        violation of this section may, in the discretion of the court, 
        run concurrently, in whole or in part, only with another term 
        of imprisonment that is imposed by the court at the same time 
        on that person for an additional violation of this section, 
        provided that such discretion shall be exercised in accordance 
        with any applicable guidelines and policy statements issued by 
        the United States Sentencing Commission pursuant to section 994 
        of title 28.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 47 of title 18, United States Code, is amended by inserting 
after the item relating to section 1030 the following:

``Sec. 1030A. Aggravated damage to a critical infrastructure 
                            computer.''.

SEC. 8. LIMITATION ON ACTIONS INVOLVING UNAUTHORIZED USE.

    Section 1030(e)(6) of title 18, United States Code, is amended by 
striking ``alter;'' and inserting ``alter, but does not include access 
in violation of a contractual obligation or agreement, such as an 
acceptable use policy or terms of service agreement, with an Internet 
service provider, Internet website, or non-government employer, if such 
violation constitutes the sole basis for determining that access to a 
protected computer is unauthorized;''.


Output: Cyber Crime Protection Security Act - Amends the federal criminal code to make fraud in connection with the unauthorized access of personally identifiable information (in electronic or digital form) a predicate for instituting a prosecution for racketeering.

Increases penalties for fraud and related activity in connection with computers.

Expands the prohibition against trafficking in passwords to include trafficking through any means by which a protected computer may be accessed without authorization.

Imposes criminal penalties for attempts and conspiracies to commit fraud and related activity in connection with computers.

Modifies criminal and civil forfeiture provisions, including requiring certain civil forfeiture seizures and forfeitures to be performed by persons designated for that purpose by the Secretary of Homeland Security (DHS) or the Attorney General (DOJ).

 Prohibits, during and in relation to a felony violation of provisions regarding fraud and related activity in connection with computers, intentionally causing or attempting to cause damage to a critical infrastructure computer if such damage results in (or, in the case of an attempt, would, if completed have resulted in) the substantial impairment of the operation of that computer or of the critical infrastructure associated with the computer. Imposes a prison term of between 3 and 20 years, a fine, or both. Prohibits probation for any person convicted of such a violation. Provides for concurrent sentences under specified circumstances.

Excludes from the definition of "exceeds authorized access" for purposes of the prohibition against fraudulent use of computers, access in violation of a contractual obligation or agreement, such as an acceptable use policy or terms of service agreement, with an Internet service provider, Internet website, or nongovernment employer, if such violation constitutes the sole basis for determining that access to a protected computer is unauthorized.