TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Pension Interest Rate Relief Act of
2002''.

SEC. 2. INTEREST RATE RANGE FOR ADDITIONAL FUNDING REQUIREMENTS.

(a) Amendments to the Internal Revenue Code of 1986.--
(1) Special rule.--Clause (i) of section 412(l)(7)(C) of
the Internal Revenue Code of 1986 (relating to interest rate)
is amended by adding at the end the following new subclause:
''(III) Special rule for 2001
through 2004.--For a plan year
beginning in 2001, 2002, 2003 or 2004,
notwithstanding subclause (I), in the
case that the rate of interest used
under subsection (b)(5) exceeds the
highest rate permitted under subclause
(I), the rate of interest used to
determine current liability under this
subsection may exceed the rate of
interest otherwise permitted under
subclause (I); except that such rate of
interest shall not exceed 120 percent
of the weighted average referred to in
subsection (b)(5)(B)(ii).''
(2) Quarterly contributions.--Subsection (m) of section 412
of such Code is amended by adding at the end the following new
paragraph:
''(7) Special rule for 2005.--In any case in which the
interest rate used to determine current liability is determined
under subsection (l)(7)(C)(i)(III) for purposes of applying
paragraphs (1) and (4)(B)(ii) for plan years beginning in 2005,
the current liability for the preceding plan year shall be
redetermined using 105 percent as the specified percentage
determined under subsection (l)(7)(C)(i)(II).''
(b) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) Special rule.--Clause (i) of section 302(d)(7)(C) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1082(d)(7)(C)) is amended by adding at the end the following
new subclause:
''(III) Special rule for 2001
through 2004.--For a plan year
beginning in 2001, 2002, 2003 or 2004,
notwithstanding subclause (I), in the
case that the rate of interest used
under subsection (b)(5) exceeds the
highest rate permitted under subclause
(I), the rate of interest used to
determine current liability under this
subsection may exceed the rate of
interest otherwise permitted under
subclause (I); except that such rate of
interest shall not exceed 120 percent
of the weighted average referred to in
subsection (b)(5)(B)(ii).''
(2) Quarterly contributions.--Subsection (e) of section 302
of such Act (29 U.S.C. 1082) is amended by adding at the end
the following new paragraph:
''(7) Special rule for 2005.--In any case in which the
interest rate used to determine current liability is determined
under subsection (d)(7)(C)(i)(III) for purposes of applying
paragraphs (1) and (4)(B)(ii) for plan years beginning in 2005,
the current liability for the preceding plan year shall be
redetermined using 105 percent as the specified percentage
determined under subsection (d)(7)(C)(i)(II).''
(c) PBGC.--Clause (iii) of section 4006(a)(3)(E) of the Employee
Retirement Income Security of Act 1974 (29 U.S.C. 1306(a)(3)(E)) is
amended by adding at the end the following new subclause:
''(IV) In the case of plan years beginning after December 31, 2001,
and before January 1, 2005, subclause (II) shall be applied by
substituting '100 percent' for '85 percent' and by substituting '115
percent' for '100 percent'. Subclause (III) shall be applied for such
years without regard to the preceding sentence. Any reference to this
clause by any other sections or subsections (other than sections 4010,
4011 and 4043) shall be treated as a reference to this clause without
regard to this subclause.''
(d) Amendments to Retirement Protection Act of 1994.--
(1) Transition rule made permanent.--Paragraph (1) of
section 769(c) of the Retirement Protection Act of 1994 is
amended--
(A) by striking ''transition'' each place it
appears in the heading and the text, and
(B) by striking ''for any plan year beginning after
1996 and before 2010''.
(2) Special rules.--Paragraph (2) of section 769(c) of the
Retirement Protection Act of 1994 is amended to read as
follows:
''(2) Special rules.--The rules described in this paragraph
are as follows:
''(A) For purposes of section 412(l)(9)(A) of the
Internal Revenue Code of 1986 and section 302(d)(9)(A)
of the Employee Retirement Income Security Act of 1974,
the funded current liability percentage for any plan
year shall be treated as not less than 90 percent.
''(B) For purposes of section 412(m) of the
Internal Revenue Code of 1986 and section 302(e)(9) of
the Employee Retirement Income Security Act of 1974,
the funded current liability percentage for any plan
year shall be treated as not less than 100 percent.
''(C) For purposes of determining unfunded vested
benefits under section 4006(a)(3)(E)(iii) of the
Employee Retirement Income Security Act of 1974, the
mortality table shall be the mortality table used by
the plan.''.
(3) Effective date.--The amendments made by this subsection
shall apply to plan years beginning after December 31, 2001.

SOLUTION: Pension Interest Rate Relief Act of 2002 - Amends the Internal Revenue Code and Employee Retirement Income Security Act of 1974 by increasing, for plan years beginning 2001 through 2004, the permissible interest rate range used to determine additional funding requirements for certain benefit plans which are not multiemployer plans.Sets forth a special rule regarding the interest rate used to determine liability for plan years beginning in 2005.Amends the Retirement Protection Act of 1994 to establish special rules relating to funding liability percentages and the mortality table to be used for purposes of determining unfunded vested benefits.

PROBLEM: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

This Act may be cited as the ''Wildland Firefighters Health
Protection Act''.

SEC. 2. DEFINITIONS.

For the purposes of this Act--
(1) the term ''wildland firefighter'' means an employee of
a Federal land management agency, the duties of whose position
are primarily to perform work directly related to the
prevention, control, suppression, and management of wildfires,
including--
(A) an employee of a Federal land management agency
who is assigned to support wildland fire suppression
activities; and
(B) an employee who is transferred to a supervisory
or administrative position from a position of wildland
firefighter (as defined by the preceding provisions of
this paragraph);
(2) the term ''Federal land management agency'' means--
(A) within the Department of the Interior, the
Bureau of Land Management, the Bureau of Indian
Affairs, the National Park Service, and the Fish and
Wildlife Service; and
(B) within the Department of Agriculture, the
Forest Service; and
(3) the term ''employee'' has the meaning given such term
by section 2105 of title 5, United States Code.

SEC. 3. CLASSIFICATION OF WILDLAND FIREFIGHTERS.

(a) Requirements.--
(1) In general.--Within 30 days after the date of the
enactment of this Act, the Office of Personnel Management, in
cooperation with the Federal land management agencies, shall
commence development of a separate and distinct wildland
firefighter occupational series that will more accurately
reflect the variety of duties performed by wildland
firefighters.
(2) Designation.--The official title assigned to any
occupational series established pursuant to paragraph (1) shall
include the designation of ''Wildland Firefighter''.
(3) Positions described.--Paragraph (1) applies with
respect to any class or other category of positions that
consists primarily or exclusively of forestry technician
positions, range technician positions, or any other positions
the duties and responsibilities of which include--
(A) significant wildfire preparedness and
suppression activities; or
(B) activities necessary to meet any other
emergency incident to which assigned.
(4) Consultation.--Congress encourages the Office of
Personnel Management to consult with recognized employee
organizations, employee associations, and any other groups that
represent Federal wildland firefighters in carrying out this
subsection.
(b) Hazardous Duty Differential Not Affected.--Section 5545(d)(1)
of title 5, United States Code, is amended by striking all after
''except'' and inserting an em dash and the following:
''(A) an employee in an occupational series
covering positions for which the primary duties are
wildland firefighting, as determined by the Office; and
''(B) in such other circumstances as the Office may
by regulation prescribe; and''.
(c) Employees Currently in 401 Series.--Any individual who, as of
the date of the enactment of this Act, holds a position of wildland
firefighter shall have the option of either remaining in the 401 series
(as in effect on such date under chapter 51 of title 5, United States
Code) or being included in the new wildland firefighter series, as
established pursuant to subsection (a).

SEC. 4. PAY AND BENEFITS.

(a) In General.--In the case of a wildland firefighter, for full-
time, part-time, and intermittent tours of duty, hours of work
officially ordered or approved in excess of 40 hours per week or 8
hours per day shall be considered overtime work, inclusive of all time
the firefighter is away from their official duty station assigned to an
emergency incident, in support of an emergency incident, or pre-
positioned for emergency response, and shall be compensable as work
time in accordance with section 5542(a) of title 5, United States Code,
as amended by subsection (b)(1).
(b) Requirements.--
(1) Amendment to title 5.--Section 5542(a) of title 5,
United States Code, is amended by adding at the end (as a flush
left sentence) the following:
''Notwithstanding paragraphs (1) and (2), for a wildland firefighter
assigned to an emergency incident, assigned in support of an emergency
incident, or pre-positioned for emergency response, the overtime hourly
rate of pay is an amount equal to one and one-half times the hourly
rate of the basic pay of the employee, and that entire amount is
premium pay.''.
(2) Fair labor standards act of 1938.--For the purpose of
applying the provisions of the Fair Labor Standards Act of 1938
(29 U.S.C. 201, et seq.) with respect to wildland firefighters,
no violation referred to in such provisions shall be considered
to have occurred if the requirements described in paragraph (1)
are met.
(c) Portal-to-Portal Compensation Pilot Program.--
(1) Funding.--There is authorized to be appropriated
$25,000,000 to initiate a portal-to-portal pilot program under
this subsection, commencing with the 2013 wildfire season. Any
sums required in addition to amounts appropriated pursuant to
the preceding sentence may be secured from the existing
wildfire suppression budget for the fiscal year in which the
season occurs.
(2) Duration.--The pilot program shall be carried out by
the Department of the Interior and the Department of
Agriculture for a period not to exceed 3 calendar years
beginning as of the start of the 2013 wildfire season.
(3) Report.--No later than 90 days after the completion of
the pilot program, the Secretary of the Interior and the
Secretary of Agriculture shall submit to Congress a joint
report on the effectiveness of the pilot program. Such report
shall address the effect of the program with respect to--
(A) recruitment and retention of wildland
firefighters; and
(B) any cost savings.
(4) Additional requirements.--To ensure adequate funding
and to realize maximum wildfire suppression savings, the
Secretary of the Interior and the Secretary of Agriculture
shall take appropriate measures to ensure that total funding
for non-Federal fire suppression personnel and other resources,
by their respective Departments--
(A) for the first year of the pilot program, do not
exceed 90 percent of their combined non-Federal fire
suppression costs for the 2011 and 2012 wildfire
seasons;
(B) for the second year of the pilot program, do
not exceed 75 percent of their combined non-Federal
fire suppression costs for the 2011 and 2012 wildfire
seasons; and
(C) for the third year of the pilot program, do not
exceed 65 percent of their combined non-Federal fire
suppression costs for the 2011 and 2012 wildfire
seasons.
(d) Hazardous Duty Differential To Be Treated as Part of a Wildland
Firefighter's Base Pay for Retirement Purposes.--
(1) In general.--Section 8331(3) of title 5, United States
Code is amended--
(A) in subparagraph (G), by striking ''and'' at the
end;
(B) in subparagraph (H), by inserting ''and'' at
the end; and
(C) by adding after subparagraph (H) the following:
''(I) with respect to a wildland firefighter (as
defined by section 2 of the Wildland Firefighters
Health Protection Act), any pay differential received
under section 5545(d);''.
(2) Conforming amendment.--Such section 8331(3) is further
amended, in the matter following subparagraph (I) (as added by
paragraph (1)(C)), by striking ''subparagraphs (B) through (H)
of this paragraph'' and inserting ''subparagraphs (B) through
(I),''.
(e) Hazardous Duty Differential.--
(1) In general.--In the administration of section 5545(d)
of title 5, United States Code, the Office of Personnel
Management shall take such measures as may be necessary to
ensure that, under the schedule or schedules of pay
differentials for duty involving unusual physical hardship or
hazard, a pay differential of 25 percent shall be payable to an
individual while serving as a member of a wildland firefighting
crew.
(2) Definition.--For purposes of this subsection, the term
''wildland firefighting crew'' includes ground (hand crew,
hotshot, engine, and other fire apparatus personnel) and
airborne (smoke jumper or helitack) firefighting personnel on
the fire line of any wildfire or prescribed fuel treatment burn
or fire, as further defined in regulations of the Office of
Personnel Management.
(f) Benefits for Seasonal Wildland Firefighters.--
(1) Provisions relating to life insurance.--Section 8716(b)
of title 5, United States Code, is amended--
(A) in paragraph (2), by striking ''or'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ''; or''; and
(C) by adding after paragraph (3) the following:
''(4) a wildland firefighter within the meaning of section
2 of the Wildland Firefighters Health Protection Act.''.
(2) Provisions relating to health benefits.--Section
8913(b) of title 5, United States Code, is amended--
(A) in paragraph (3), by striking ''or'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ''; or''; and
(C) by adding after paragraph (4) the following:
''(5) a wildland firefighter within the meaning of section
2 of the Wildland Firefighters Health Protection Act.''.
(g) Buy Back of Civilian Time After 1989.--
(1) In general.--Any individual who is subject to the
Federal Employees' Retirement System as a firefighter (within
the meaning of section 8401 of title 5, United States Code) on
the date of the enactment of this Act shall be entitled to have
any qualifying firefighter service treated as creditable
service under section 8411 of such title.
(2) Qualifying firefighter service.--For purposes of this
subsection, the term ''qualifying firefighter service'' means,
in connection with an individual, any service--
(A) which was performed by such individual, as a
wildland firefighter, after 1989 and before the date of
the enactment of this Act; and
(B) for which such individual was not allowed to
receive retirement credit by reason of section 8347(g)
or 8402(c) of such title 5.
(3) Deposit requirement.--Credit for a period of service
may not be given under this subsection unless the individual
involved makes a deposit, in such manner as the Office of
Personnel Management may by regulation require, equal to the
employee contributions that would have been required (in the
case of a firefighter) for such period under section 8334(c) or
8422(a) of such title 5, with interest.
(4) Certification.--The Office of Personnel Management
shall accept the certification of the Secretary of the Interior
or the Secretary of Agriculture, as the case may be, concerning
whether an individual performed qualifying firefighter service
and the length of the period of such service the individual
performed.

SOLUTION: Wildland Firefighters Health Protection Act - Defines "wildland firefighter" as an employee of a federal land management agency who performs work directly related to the prevention, control, suppression, and management of wildfires, including an employee who is assigned to support wildland fire suppression activities and an employee who is transferred to a supervisory or administrative position.

Directs the Office of Personnel Management (OPM), in cooperation with such agencies, to commence development of a separate wildland firefighter occupational series that will more accurately reflect the variety of duties performed.

Requires a wildland firefighter's hours of work officially ordered or approved in excess of 40 hours per week or 8 hours per day to be considered overtime work. Makes time the firefighter is away from his or her official duty station assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response compensable as work time. Includes hazardous duty differentials as basic pay for retirement purposes.

Prohibits OPM from excluding wildland firefighters from federal employees' group life insurance (FEGLI) and from federal health care benefits.

PROBLEM: 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.

SOLUTION:
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.