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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;''.
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.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Reporting on Influence and
Subversion by the Kremlin Act'' or ''RISK Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) In 1986, an interagency working group issued a report
assessing ''active measures'' by the former Soviet Union
against the United States.
(2) The working group concluded that ''there is a massive
and highly organized effort by the Soviet Union and its proxies
to influence world opinion''.
(3) The working group further observed that ''this effort
includes public diplomacy to enhance the Soviet image abroad
and . . . also includes a persistent, widespread program of
disinformation and deception designed to discredit the U.S.
image abroad and disrupt U.S. policy objectives.''.
(4) Active measures by the Russian Federation have shown no
diminution since the last report issued by the working group in
1987, including--
(A) to influence world opinion;
(B) to undercut democratic processes and
institutions in the United States and partner nations;
(C) to challenge the international liberal order;
and
(D) to establish an unfettered sphere of influence.
(5) The Director of National Intelligence concluded in
light of the Russian Federation's hacking of the 2016
presidential election that ''Russian efforts to influence the
2016 U.S. presidential election represent the most recent
expression of Moscow's longstanding desire to undermine the
U.S.-led liberal democratic order.''.
(6) The Russian Federation is deploying an array of
military, cyber, intelligence, and economic tactics to weaken
United States democratic institutions, divide Europe from the
United States, divide Europe from within, undermine
organizations such as the North Atlantic Treaty Organization
and the European Union, and coerce partners to cooperate with
Russia.
(7) Militarily, Russian President Vladimir Putin ordered
the forcible and illegal occupation of Crimea in March 2014 and
the invasion of Georgia in 2008.
(8) The Russian military, in which President Putin has
invested heavily, continues to engage in acts of aggression and
intimidation against United States allies across Europe.
(9) The Russian Federation's subversive activities
undermine trust in democratic systems, giving rise to political
instability.

SEC. 3. ASSESSMENT OF SUBVERSIVE ACTIVITIES BY THE RUSSIAN FEDERATION.

(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to Congress
a report setting forth an assessment, obtained by the Secretary for
purposes of the report, of subversive activities by the Russian
Federation.
(b) Independent Assessment.--
(1) In general.--The assessment obtained for purposes of
subsection (a) shall be conducted by a federally funded
research and development center (FFRDC), or another appropriate
independent entity with expertise in diplomatic and military
developments in Europe and the Russian Federation, selected by
the Secretary for purposes of the assessment.
(2) Use of previous studies.--The entity conducting the
assessment may use and incorporate information from previous
studies on matters appropriate to the assessment.
(c) Elements.--The assessment obtained for purposes of subsection
(a) shall include the following:
(1) An assessment of disinformation and propaganda
activities of the Russian Federation, including an assessment
of--
(A) support for disinformation and propaganda
activities with respect to the United States and
foreign countries;
(B) the overall structure of the Russian
Government's disinformation and influence apparatus,
including its intelligence agencies and propaganda
outlets such as Russia Today; and
(C) propaganda techniques, including forgery, use
of media representatives and proxies, use of front
organizations, and efforts to influence international
organizations.
(2) An assessment of support by the Russian Federation for
separatist activities and other aggressive actions aimed at
undermining the sovereignty of foreign countries, particularly
in Ukraine and the Baltic countries.
(3) An assessment of cyber intrusions by the Russian
Federation to influence the infrastructure and democratic
processes in the United States and other countries.
(4) An assessment of--
(A) the use of energy exports by the Russian
Federation for purposes of political or economic
coercion; and
(B) significant investment in energy
infrastructure, including pipelines, by the Government
of Russia or Russian-controlled entities.
(5) An assessment of the deterioration of democratic
conditions in the Russian Federation, including--
(A) suppression of freedom of the press;
(B) detention, beating, and murder of political
activists and opposition leaders;
(C) suppression of minority rights;
(D) suppression of human rights; and
(E) efforts to undermine the Russian
nongovernmental organizations and Russian civil
society.
(d) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.

SEC. 4. COUNTERING RUSSIAN INFLUENCE FUND.

(a) Establishment.--The President is authorized to establish in the
Department of the Treasury a fund to be known as the Countering Russian
Influence Fund (in this section referred to as the ''Fund'').
(b) Amounts in Fund.--The Fund shall consist of the following:
(1) Amounts appropriated to carry out section 7070(d) of
division C of the Consolidated Appropriations Act, 2017 (Public
Law 115-31).
(2) Amounts otherwise available to the Secretary of State
to carry out this section.
(c) Purposes of Fund.--Amounts in the Fund for any fiscal year are
authorized to be made available to the Secretary of State for bilateral
assistance for countries in Europe, Eurasia, and Central Asia, to
counter the following activities in such countries carried out by the
Russian Federation:
(1) Support for disinformation and propaganda.
(2) Interference in foreign elections.
(3) Efforts to undermine financial transparency and
governance.
(d) Civil Society and Other Organizations.--Amounts in the Fund for
any fiscal year may be made available to carry out the purposes of the
Fund under subsection (c) through civil society and other organizations
that seek to mitigate the expansion of Russian influence and
aggression, including through public awareness campaigns and exchange
activities.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President not less than $100,000,000 to carry out this
section.
(2) Relation to certain other amounts.--Such funds are in
addition to any other amounts made available for bilateral
assistance for countries in Europe, Eurasia, and Central Asia.
(3) Rule of construction.--This section shall be considered
to be an authorization of appropriations for purposes of
section 7070(d) of division C of the Consolidated
Appropriations Act, 2017 (Public Law 115-31).
(f) Report.--The Secretary of State shall submit to Congress a
report for each fiscal year for which activities are undertaken
pursuant to this section.
Reporting on Influence and Subversion by the Kremlin Act or the RISK Act This bill directs the Department of State to submit to Congress an assessment of subversive activities by the Russian Federation. The assessment shall be conducted by a federally funded research and development center or another appropriate independent entity with expertise in diplomatic and military developments in Europe and the Russian Federation. Such entity may use and incorporate information from previous studies and shall include assessments of: disinformation and propaganda activities of the Russian Federation; support by the Russian Federation for separatist activities and other aggressive actions aimed at undermining the sovereignty of foreign countries, particularly in Ukraine and the Baltic countries; cyber intrusions by the Russian Federation to influence the infrastructure and democratic processes in the United States and other countries; the use of energy exports by the Russian Federation for purposes of political or economic coercion and significant investment in energy infrastructure by the Russian government or Russian-controlled entities; and the deterioration of democratic conditions in the Russian Federation. The President is authorized to establish in the Department of the Treasury the Countering Russian Influence Fund to be used by the State Department for bilateral assistance to counter activities carried out in countries in Europe, Eurasia, and Central Asia by the Russian Federation to support disinformation and propaganda, interfere in foreign elections, and undermine financial transparency and governance. Amounts in the fund may be made available to carry out its purposes through civil society and other organizations that seek to mitigate the expansion of Russian influence and aggression, including through public awareness campaigns and exchange activities.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Community College Partnership Act of
2005''.

SEC. 2. COMMUNITY COLLEGE OPPORTUNITY; COLLEGE PREPARATION PROGRAMS
AUTHORIZED.

Subpart 2 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070a-11 et seq.) is amended--
(1) by redesignating section 407E as section 406E; and
(2) by adding at the end the following:

''CHAPTER 4--COMMUNITY COLLEGE OPPORTUNITY

''SEC. 407A. PURPOSE.

''It is the purpose of this chapter to enhance--
''(1) the retention of students at community or technical
colleges;
''(2) the opportunities for students to transfer to 4-year
institutions of higher education and complete baccalaureate
degrees; and
''(3) the preparation of students for high-quality and
high-demand emerging and established occupations.

''SEC. 407B. ACTIVITIES.

''(a) Definitions.--In this chapter:
''(1) Community or technical college.--The term 'community
or technical college' means an institution of higher
education--
''(A) that admits as regular students, individuals
who are beyond the age of compulsory school attendance
in the State in which the institution is located and
who have the ability to benefit from the training
offered by the institution;
''(B) that predominately does not provide an
educational program for which it awards a baccalaureate
degree (or an equivalent degree);
''(C) that--
''(i) provides an educational program of
not less than 2 years that is acceptable for
full credit toward a baccalaureate degree; or
''(ii) offers a 2-year program in
engineering, mathematics, or the physical or
biological sciences, designed to prepare a
student to work as a technician or at the
semiprofessional level in engineering,
scientific, or other technological fields
requiring the understanding and application of
basic engineering, scientific, or mathematical
principles of knowledge; and
''(D) that is accredited by a regional accrediting
agency or association recognized by the Secretary under
section 496.
''(2) Eligible entity.--The term 'eligible entity' means--
''(A) a statewide governance or coordinating board
with jurisdiction over community or technical colleges
and institutions of higher education that offer a
baccalaureate or postbaccalaureate degree;
''(B) a partnership between--
''(i) a statewide governance or
coordinating board with jurisdiction over
community or technical colleges; and
''(ii) a statewide governance or
coordinating board with jurisdiction over
institutions of higher education that offer a
baccalaureate or postbaccalaureate degree; or
''(C) a partnership between--
''(i) 1 or more community or technical
colleges; and
''(ii) 1 or more institutions of higher
education that offer a baccalaureate or
postbaccalaureate degree which is not awarded
by a college described in clause (i) with which
the institution is partnered.
''(b) Grants Authorized.--From the amounts appropriated under
section 407C, the Secretary shall award not less than 6 and not more
than 12 grants to eligible entities.
''(c) Applications.--Any eligible entity that desires to obtain a
grant under this chapter shall submit to the Secretary an application
at such time, in such manner, and containing such information or
assurances as the Secretary may require.
''(d) Awarding of Grants.--
''(1) Criteria.--The Secretary shall establish criteria for
awarding grants under this chapter.
''(2) Priority.--In awarding grants under this chapter, the
Secretary shall give priority to eligible entities that
demonstrate the capacity to identify and address systemic
problems related to college retention and the transfer of
community or technical college students to institutions of
higher education that offer a baccalaureate or
postbaccalaureate degree.
''(e) Duration.--A grant under this chapter shall be awarded for a
period of 5 or 6 years, which period shall include a planning and
implementation phase.
''(f) Use of Funds.--Grants funds awarded under this chapter shall
be used for--
''(1) the development of policies to expand opportunities
for community or technical college students to earn
baccalaureate degrees, including promoting the transfer of
academic credits between institutions and expanding
articulation and guaranteed transfer agreements;
''(2) support services for students participating in the
program, such as tutoring, mentoring, and academic and personal
counseling, as well as any service that facilitates the
transition of students from a community or technical college to
an institution of higher education that offers a baccalaureate
or postbaccalaureate degree;
''(3) academic program enhancements at a community or
technical college that result in increasing--
''(A) the quality of the program offered;
''(B) the connection to high-quality and high-
demand emerging and established occupations; and
''(C) the number of student participants in a dual
degree program offered in conjunction with an
institution of higher education that offers a
baccalaureate or postbaccalaureate degree; and
''(4) programs to identify barriers that inhibit student
transfers.
''(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out this chapter.

''SEC. 407C. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated to carry out this chapter
$70,000,000 for fiscal year 2006 and such sums as may be necessary for
each of the 3 succeeding fiscal years.''.
Community College Partnership Act of 2005 - Amends the Higher Education Act of 1965 to establish a community college opportunity program to help students at community or technical colleges to transfer to four-year institutions and complete bachelor's degrees.

Directs the Secretary of Education to award program grants to eligible partnerships that include one or more community or technical colleges that award associate's degrees and one or more institutions of higher education that offer a baccalaureate or postbaccalaureate degree not awarded by the partner colleges (or to statewide boards or partnerships with jurisdiction over such educational entities).

Requires funds from such grants to be used for: (1) development of policies to expand opportunities for community or technical college students to earn bachelor's degrees, including transfer of academic credits between institutions and expanded articulation and guaranteed transfer agreements; (2) support services to students participating in the program, including tutoring, mentoring, academic and personal counseling, and transition facilitation; (3) academic program enhancements at the community or technical college that increase program quality and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree-granting institution; and (4) programs to identify barriers that inhibit student transfers.