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

Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Steamtown National Historic Site Act 
of 1994''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Steamtown National Historic Site Advisory Committee 
        established by the Secretary under section 5.
            (2) Hazardous substance.--The term ``hazardous substance'' 
        has the meaning given such term in section 101(14) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601(14)).
            (3) Historic site.--The term ``historic site'' means the 
        Steamtown National Historic Site established under section 3.
            (4) National park service.--The term ``National Park 
        Service'' means the National Park Service of the Department of 
        the Interior.
            (5) Remedial action.--The term ``remedial action'' has the 
        meaning given such term in section 101(24) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601(24)).
            (6) Removal.--The term ``removal'' has the meaning given 
        such term in section 101(23) of such Act (42 U.S.C. 9601(23)).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. ESTABLISHMENT OF STEAMTOWN NATIONAL HISTORIC SITE.

    (a) In General.--
            (1) Establishment.--In order to preserve and interpret 
        certain elements of railroading, especially steam-operated 
        railroads that were in operation during the period of 1850 to 
        1950, there is hereby established the Steamtown National 
        Historic Site.
            (2) Purposes.--The purposes of the historic site shall 
        include providing for the interpretation of--
                    (A) the evolution of railroads; and
                    (B) the impact of railroads on the development of 
                the United States,
        including technological, economic, social, and political 
        effects and the relationship of railroads to the 
        industrialization of the United States.
    (b) Description of Site.--The historic site shall consist of the 
lands and interests in lands within the area generally depicted on the 
map entitled ``Boundary Map, Steamtown National Historic Site'', 
numbered STTO-80,000 and dated September 1986. The map shall be on file 
and available for public inspection in the offices of the National Park 
Service. Except by act of Congress, no revisions may be made in the 
boundary of the historic site.
    (c) Repeal of Superseded Law.--The Steamtown National Historical 
Site Act of 1986 (the twelfth proviso in the paragraph relating to the 
operation of the national park system (including transfer of funds) 
under the heading ``National Park Service'' in title I of the 
Department of the Interior and Related Agencies Appropriations Act, 
1987, which was enacted in identical forms in section 101(h) of Public 
Law 99-500 and section 101(h) of Public Law 99-591; 100 Stat. 1783-248 
and 100 Stat. 3341-248), is repealed.

SEC. 4. ADMINISTRATION OF STEAMTOWN NATIONAL HISTORIC SITE.

    (a) In General.--The Secretary of the Interior shall administer the 
historic site in accordance with this Act and any other provision of 
law generally applicable to units of the national park system, 
including the Act entitled ``An Act to establish a National Park 
Service, and for other purposes'', approved August 25, 1916 (39 Stat. 
535; 16 U.S.C. 1, 2, 3, and 4) and the Act entitled ``An Act to provide 
for the preservation of historic American sites, buildings, objects, 
and antiquities of national significance, and for other purposes'', 
approved August 21, 1935 (16 U.S.C. 461 et seq.).
    (b) Comprehensive General Management Plan.--Not later than 
September 30, 1995, the Secretary shall prepare and submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Interior and Insular Affairs of the House of 
Representatives a new comprehensive general management plan for the 
historic site. The plan shall be consistent with this Act, section 12 
of Public Law 91-383 (16 U.S.C. 1a-7), and any other applicable 
provision of law.

SEC. 5. ACQUISITION OF LAND.

    (a) In General.--The Secretary may acquire lands or interests in 
land within the boundaries of the historic site only by--
            (1) donation; or
            (2) purchase with donated funds.
    (b) Prohibition on Acquisition of Contaminated Lands.--
            (1) In general.--The Secretary may not acquire any land or 
        interest in land to serve the purposes of the historic site 
        unless such lands are not contaminated with a hazardous 
        substance for which a removal or remedial action at the expense 
        of the United States is required under the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (2) Reimbursement.--
                    (A) In general.--Before the Secretary may accept 
                title to any lands to further the purposes of the 
                historic site, the Secretary shall seek reimbursement 
                of any funds expended by the National Park Service, 
                prior to the date of the enactment of this Act, on a 
                removal or remedial action with respect to any 
                contamination of lands within the boundaries of the 
                historic site under applicable provisions of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601 et seq.).
                    (B) Crediting of reimbursement.--Any amount 
                received as reimbursement under subparagraph (A) shall 
                be credited to miscellaneous receipts in the Treasury.
                    (C) Treatment of certain funds expended for a 
                removal or remedial action.--After the full amount of a 
                reimbursement made pursuant to subparagraph (A) is 
                credited pursuant to subparagraph (B), the amount 
                expended by the National Park Service with respect to 
                which the reimbursement was made shall not be treated 
                as amounts expended for development with respect to the 
                limitation under section 8(b).

SEC. 6. PARK SERVICE ACTIVITIES.

    (a) In General.--The Secretary shall take such action as is 
necessary and appropriate to--
            (1) administer the historic site;
            (2) interpret, for the public, the significance of the 
        resources of the site and the history of the site; and
            (3) provide essential services for the public at the 
        historic site.
    (b) Preservation of Collection of Railroad Equipment.--
            (1) Existing collection.--Subject to paragraph (2), the 
        Secretary shall preserve the collection of railroad equipment, 
        including locomotives and rolling stock, that is present at the 
        historic site as of the date of enactment of this Act. The 
        Secretary may also preserve such equipment and essential 
        machinery as are necessary for the maintenance of the 
        locomotives and rolling stock.
            (2) Acquisition of additional equipment.--The Secretary may 
        acquire by exchange or purchase, appropriate examples of 
        locomotives and rolling stock to enhance the collection of 
        railroad equipment at the historic site if--
                    (A) the Secretary takes such action as is necessary 
                to ensure that the total number of locomotives and 
                rolling stock in the collection of railroad equipment 
                does not increase as a result of the exchange or 
                purchase; and
                    (B) the exchange or purchase is carried out in a 
                manner consistent with the general management plan for 
                the historic site.
    (c) Cost-Sharing.--The Secretary shall, to the extent practicable, 
seek donations and assistance from volunteers and carry out other cost-
sharing measures to restore the locomotives and rolling stock in the 
collection of railroad equipment.
    (d) Preservation of Artifact Collection and Archival Materials.--
The Secretary shall take such action as is necessary to preserve the 
artifact collection and archival materials located at the historic 
site.
    (e) Prohibition.--No Federal funds may be expended to provide 
access between the historic site and any structure that is privately 
owned and operated for profit.
    (f) Excursions.--To the extent that providing regular excursions 
with appropriate interpretation under this subsection furthers public 
understanding of the matters described in section 3(a)(2), the 
Secretary may provide regular excursions with appropriate 
interpretation between Scranton, Pennsylvania, and Moscow, 
Pennsylvania. To carry out the excursions, the Secretary may provide 
essential visitor services at Moscow, Pennsylvania.
    (g) Use of Funds for the Restoration of Tracks, Bridges, or 
Tunnels.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary may not expend funds made available to the National 
        Park Service for the restoration or maintenance of tracks, 
        bridges, or tunnels located outside the historic site.
            (2) Exception.--
                    (A) Restoration pursuant to cooperative agreement 
                with owner.--If the Secretary and the owner of the 
                tracks and bridges between the historic site and 
                Moscow, Pennsylvania, enter into a cooperative 
                agreement described in subparagraph (B), the Secretary 
                may expend funds described in subparagraph (C) for 
                restoring and maintaining such tracks and bridges.
                    (B) Cooperative agreement described.--A cooperative 
                agreement referred to in subparagraph (A) is a 
                cooperative agreement that--
                            (i) provides for the Secretary to restore 
                        and maintain such tracks and bridges; and
                            (ii) permits the National Park Service to 
                        use such tracks and bridges for excursions 
                        authorized under subsection (f).
                    (C) Funds described.--The funds referred to in 
                subparagraph (A) are funds that--
                            (i) were appropriated to the Secretary 
                        before November 15, 1991; and
                            (ii) remain available for obligation.
            (3) Track usage fees.--If the Secretary enters into an 
        agreement to use tracks and bridges pursuant to paragraph (2), 
        the Secretary may pay customary and appropriate track usage 
        fees.
    (h) Excursion Fees.--Excursion fees charged for any rail excursion 
carried out by the Secretary pursuant to this section shall be 
established at a level that ensures that, at a minimum, 75 percent of 
the costs of maintenance, personnel, and equipment for the excursion 
shall be covered by amounts collected as user fees.
    (i) Bridge 60.--The Secretary may assist the owner of Bridge 60 and 
Bridge 60 Wye (as defined and determined by the Secretary) with track 
and switch rehabilitation to facilitate activities associated with the 
historic site.

SEC. 7. ADVISORY COMMITTEE.

    (a) Establishment.--There is established the Steamtown National 
Historic Site Advisory Committee.
    (b) Purposes.--The purposes of the Advisory Committee are as 
follows:
            (1) To provide the Secretary with a readily available 
        source of professional expertise in railroad management and 
        history.
            (2) To advise the Secretary in the development and 
        operation of the historic site.
    (c) Membership.--The Advisory Committee shall be composed of 11 
members who shall be appointed by the Secretary, as follows:
            (1) Two members shall be individuals with recognized 
        expertise in the operation of historic railways.
            (2) Two members shall be individuals with recognized 
        expertise in the operation of commercial railways.
            (3) Two members shall be historians with recognized 
        expertise in the history of technology.
            (4) Two members shall be historians with recognized 
        expertise in social history.
            (5) Three members shall be representatives of the general 
        public.
    (d) Terms.--Each member shall serve for a term of 3 years. A member 
of the Advisory Committee may continue to serve as a member after the 
expiration of the member's term until a successor is appointed.
    (e) Chairperson.--The Advisory Committee shall select a Chairperson 
from among its members.
    (f) Duties of the Secretary.--The Secretary, or a designee of the 
Secretary, shall from time to time, but at least semiannually, meet and 
consult with the Advisory Committee on matters relating to the 
management and development of the historic site.
    (g) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Advisory Committee have been appointed, the 
Chairperson shall convene the Advisory Committee.
    (h) Meetings.--
            (1) In general.--The Advisory Committee shall meet at the 
        call of the Chairperson.
            (2) Frequency of meetings.--The Advisory Committee shall 
        meet at least 3 times during each year.
            (3) Quorum.--A majority of the members of the Advisory 
        Committee shall constitute a quorum.
    (i) Compensation.--Members of the Advisory Committee shall serve 
without compensation, except the Secretary may, on receipt of a voucher 
approved by the Chairperson, pay expenses reasonably incurred in the 
performance of duties of the Committee.
    (j) Termination of Advisory Committee.--The Advisory Committee 
shall terminate 10 years after the date of enactment of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subject to the limitations under subsections (b) 
and (c), there are authorized to be appropriated to the Department of 
the Interior such sums as are necessary to carry out this Act.
    (b) Limitation of Expenditures for Development.--The aggregate 
amount of funds expended by the Department of the Interior after 
September 30, 1986, for the development of the historic site may not 
exceed $58,000,000.
    (c) Limitation of Expenditures of Funds.--No funds made available 
to the Department of the Interior from Federal sources may be expended 
with respect to the historic site for a purpose other than a purpose 
specified in section 6 and in section 7(h).

Ex Output:
Steamtown National Historic Site Act of 1994 - Repeals the Steamtown National Historic Site Act of 1986 and sets forth new provisions establishing the Steamtown National Historic Site to preserve and interpret certain elements of railroading, especially steam-operated railroads during the period of 1850 to 1950. 
Directs the Secretary of the Interior to prepare and submit a new comprehensive general management plan for the Site to specified congressional committees. 
Prohibits the Secretary from acquiring any lands or interests in lands contaminated with hazardous substances that would require removal or remedial action at the expense of the United States.  Requires the Secretary to seek reimbursement of any funds expended by the National Park Service for such purpose prior to enactment of this Act before the Secretary may accept title to such lands for the Site. 
Directs the Secretary to preserve the collection of railroad equipment (including locomotives and rolling stock) present at the Site as of enactment of this Act.  Authorizes the Secretary to acquire additional examples of locomotives and rolling stock if action is taken to ensure that the total number in the collection does not increase. 
Requires the Secretary to preserve the artifact collection and archival materials located at the Site. 
Prohibits Federal funds from being expended for access between the Site and any structure that is privately-owned or operated for profit. 
Authorizes the Secretary to provide regular excursions with appropriate interpretation between Scranton, Pennsylvania, and Moscow, Pennsylvania.  Authorizes the Secretary to pay customary and appropriate track usage fees.  Prohibits the Secretary from expending funds of the National Park Service for the restoration or maintenance of tracks, bridges, or tunnels outside the Site, except certain funds appropriated before November 15, 1991. 
Establishes the Steamtown National Historic Site Advisory Committee to provide the Secretary with a readily available source of professional expertise in railroad management and history and to advise in the development and operation of the Site. 
Authorizes appropriations.  Limits:  (1) expenditures for the development of the Site after FY 1986; and (2) expenditures for the Site to specified activities.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Renewable Energy Promotion 
Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the Adaptive Management 
        and Environmental Fund established by section 3(c).
            (2) Marine renewable energy.--The term ``marine renewable 
        energy'' means energy from--
                    (A) waves, tides, and currents in oceans, 
                estuaries, and tidal areas;
                    (B) free flowing water in rivers, lakes, man made 
                channels, and streams; and
                    (C) differentials in ocean temperature or ocean 
                thermal energy conversion.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT.

    (a) Research and Development Program.--
            (1) In general.--The Secretary shall establish a marine 
        renewable energy research and development program that is 
        focused on--
                    (A) developing new marine renewable energy 
                technologies;
                    (B) reducing the manufacturing and operation costs 
                of marine renewable energy technologies;
                    (C) increasing the reliability and survivability of 
                marine renewable energy facilities;
                    (D) integrating marine renewable energy into the 
                national electric grid;
                    (E) identifying opportunities for cross-pollination 
                and development of economies of scale between offshore 
                wind and marine renewable energy sources;
                    (F) identifying the environmental impacts of marine 
                renewable energy and ways to address any negative 
                impacts; and
                    (G)(i) applying advanced systems engineering and 
                system integration methods to identify critical 
                interfaces and develop open standards for marine 
                renewable energy;
                    (ii) transferring the resulting intellectual 
                property to industry stakeholders as public information 
                through published interface definitions, standards, and 
                demonstration projects; and
                    (iii) developing incentives for industry to comply 
                with the standards.
            (2) Administration.--The program established under 
        paragraph (1) shall be separate from any wind and hydropower 
        program carried out by the Secretary.
    (b) Marine-Based Energy Device Verification Program.--
            (1) Establishment.--The Secretary shall establish a marine-
        based energy device verification program to provide a bridge 
        from the wave, tidal, current, or thermal energy capture device 
        design and development efforts underway across the industry to 
        commercial deployment of marine renewable energy devices.
            (2) Purposes.--The purposes of the program are to fund, 
        facilitate the development and installation of, and evaluate 
        marine renewable energy projects, in partnership with the 
        Electric Power Research Institute, the National Renewable 
        Energy Laboratory, the Pacific Northwest National Laboratory 
        Marine Sciences Laboratory, and the Sandia National 
        Laboratories, and in conjunction with universities and other 
        institutions of higher education, private business entities, 
        and other appropriate organizations, in order--
                    (A) to increase marine renewable energy experience; 
                and
                    (B) to build and operate enough candidate devices 
                to obtain statistically significant operating and 
                maintenance data.
            (3) Objectives.--The objectives of the program include--
                    (A) verifying the performance, reliability, 
                maintainability, and cost of new marine renewable 
                energy device designs and system components in an 
                operating environment;
                    (B) providing States, regulators, utilities, and 
                other stakeholders with a valid opportunity to test and 
                evaluate marine renewable energy technology in new 
                areas;
                    (C) documenting and communicating the experience 
                from those projects for the benefit of utilities, 
                independent power producers, other nonutility 
                generators, device suppliers, and others in the marine 
                renewable energy development community; and
                    (D) resolving environmental issues through robust 
                characterization, reliable impact prediction, effective 
                monitoring, development and use of adaptive management, 
                and informing engineering design to improve 
                environmental performance.
    (c) Adaptive Management and Environmental Fund.--
            (1) Findings.--Congress finds that--
                    (A) the use of marine renewable energy technologies 
                can reduce contributions to global warming;
                    (B) marine renewable energy technologies can be 
                produced domestically;
                    (C) marine renewable energy is a nascent industry; 
                and
                    (D) the United States must work to promote new 
                renewable energy technologies that reduce contributions 
                to global warming gases and improve domestic energy 
                production.
            (2) Fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a revolving fund, to be 
                known as the ``Adaptive Management and Environmental 
                Fund'', consisting of such amounts as are appropriated 
                to the Fund under subsection (d).
                    (B) Expenditures from fund.--
                            (i) In general.--Subject to clause (ii), on 
                        request by the Secretary, the Secretary of the 
                        Treasury shall transfer from the Fund to the 
                        Secretary such amounts as the Secretary 
                        determines are necessary to provide grants to 
                        eligible entities to assist the entities in 
                        complying with Federal, State, or local 
                        regulatory permit requirements through 
                        assessment and demonstration of the 
                        environmental effects of marine renewable 
                        energy projects (including environmental 
                        studies, design, fabrication, deployment, 
                        operating, monitoring, environmental 
                        mitigation, and decommissioning costs).
                            (ii) Administrative expenses.--An amount 
                        not exceeding 10 percent of the amounts in the 
                        Fund shall be available for each fiscal year to 
                        pay the administrative expenses necessary to 
                        carry out this subsection.
                    (C) Transfers of amounts.--
                            (i) In general.--The amounts required to be 
                        transferred to the Fund under this paragraph 
                        shall be transferred at least monthly from the 
                        general fund of the Treasury to the Fund on the 
                        basis of estimates made by the Secretary of the 
                        Treasury.
                            (ii) Adjustments.--Proper adjustment shall 
                        be made in amounts subsequently transferred to 
                        the extent prior estimates were in excess of or 
                        less than the amounts required to be 
                        transferred.
            (3) Eligibility.--
                    (A) In general.--To be eligible for a grant under 
                this subsection, an entity shall provide to the 
                Secretary a regulatory permit that includes conditions 
                for the removal of the marine renewable energy project 
                supported by the grant if the permitting authority 
                finds that the marine renewable energy project has an 
                unacceptable adverse impact on the environment.
                    (B) Administration.--A marine renewable energy 
                project shall not be required to be removed in the 
                absence of a finding by the permitting authority that 
                the project has an unacceptable adverse impact.
            (4) Public availability.--The results of any assessment or 
        demonstration conducted under this subsection shall be made 
        available to the public, except to the extent that the 
        assessment or demonstration contains information that is 
        protected from disclosure under section 552(b) of title 5, 
        United States Code.
            (5) Audit requirements.--
                    (A) In general.--Any entity that receives a grant 
                under this subsection shall--
                            (i) track the use of grant funds from the 
                        Fund; and
                            (ii) certify annually to the Secretary that 
                        the grant funds were used only for purposes 
                        authorized under this subsection.
                    (B) Procedures.--The Secretary shall establish 
                procedures to ensure that the Secretary is able to 
                oversee and audit the use of funds by eligible 
                entities.
                    (C) Annual audits.--The Secretary shall conduct an 
                audit, at least annually, of the use of grant funds 
                received under this subsection by each eligible entity.
                    (D) Ineligibility.--The Secretary may declare an 
                entity ineligible for a grant under this subsection on 
                a finding of inappropriate use of funding.
            (6) Sunset provision.--
                    (A) Report.--The Secretary shall submit a report to 
                the appropriate committees of Congress if the Secretary 
                determines that the technologies and activities 
                supported under this subsection have achieved a level 
                of maturity that is sufficient to enable the program 
                authorized under this subsection to cease.
                    (B) Termination.--The program authorized under this 
                subsection and the Fund shall cease to exist effective 
                on the date of submission of a report described in 
                subparagraph (A).
            (7) Administration.--The Secretary may use amounts in the 
        Fund to provide assistance to State resource agencies that are 
        processing applications for permits required for marine 
        renewables projects that have received assistance from the Fund 
        to assist staff with understanding and evaluating applications 
        and participating in the applicable Federal Energy Regulatory 
        Commission or Minerals Management Service regulatory process.
            (8) Environmental requirement.--Nothing in this section 
        eliminates or otherwise affects any requirement imposed under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $250,000,000 for each of fiscal 
years 2010 through 2021.

Ex Output:
Marine Renewable Energy Promotion Act of 2009 - Requires the Department of Energy (DOE) to establish a marine renewable energy research and development program, separate from any DOE wind and hydropower program, focused on: (1) developing new marine renewable energy technologies; (2) reducing the manufacturing and operation costs of such technologies; (3) increasing the reliability and survivability of marine renewable energy facilities; (4) integrating marine renewable energy into the national electric grid; (5) identifying opportunities for cross pollination and development of economies of scale between offshore wind and marine renewable energy sources; (6) identifying the environmental impacts of marine renewable energy and ways to address negative impacts; (7) applying advanced systems engineering and system integration methods to identify critical interfaces and develop open standards for marine renewable energy; (8) transferring the resulting intellectual property to industry stakeholders as public information through published interface definitions, standards, and demonstration projects; and (9) developing incentives for industry to comply with such standards.

Requires DOE to establish a marine-based energy device verification program to provide a bridge from the wave, tidal, current, or thermal energy capture device design and development efforts underway across the industry to commercial deployment of marine renewable energy devices. Sets forth as purpose of the Program to fund, facilitate the development and installation of, and evaluate marine renewable energy projects, in partnership with the Electric Power Research Institute, the National Renewable Energy Laboratory, the Pacific Northwest National Laboratory Marine Sciences Laboratory, and the Sandia National Laboratories in order to: (1) increase marine renewable energy experience; and (2) build and operate enough candidate devices to obtain statistically significant operating and maintenance data.

Establishes an Adaptive Management and Environmental Fund to provide grants for complying with requirements through assessment and demonstration of the environmental effects of marine renewable energy projects.


Ex Input:
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.

Ex Output:

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.