[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2451 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2451

    To increase criminal penalties for computer crimes, establish a 
     National Commission on Cybersecurity, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2000

Mrs. Hutchison introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To increase criminal penalties for computer crimes, establish a 
     National Commission on Cybersecurity, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COMPUTERS.

    (a) Increase in Criminal Penalties for Computer Crimes.--Section 
1030 of title 18, United States Code, is amended--
            (1) in subsection (a)(4), by striking all beginning with 
        ``, unless'' through the semicolon and inserting ``or causes 
        damage;''; and
            (2) in subsection (c)--
                    (A) in paragraph (2)(B), by striking ``5 years'' 
                and inserting ``10 years'';
                    (B) in paragraph (2)(C), by striking ``ten years'' 
                and inserting ``20 years'';
                    (C) in paragraph (3)(A), by striking ``five years'' 
                and inserting ``10 years''; and
                    (D) in paragraph (3)(B), by striking ``ten years'' 
                and inserting ``20 years''.
    (b) Improved Damage Threshold.--Section 1030(e)(8) of title 18, 
United States Code, is amended--
            (1) by redesignating subparagraphs (B), (C), and (D) as 
        subparagraphs (C), (D), and (E), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) causes loss or interruption of service to the 
                general public;''.

SEC. 2. NATIONAL COMMISSION ON CYBERSECURITY.

    (a) Establishment of National Commission on Cybersecurity.--There 
is established the National Commission on Cybersecurity (in this 
section referred to as the ``Commission'').
    (b) Membership of Commission.--
            (1) Appointment.--The Commission shall be composed of 12 
        members as follows:
                    (A) Three individuals shall be appointed by the 
                Speaker of the House of Representatives.
                    (B) One individual shall be appointed by the 
                Minority Leader of the House of Representatives.
                    (C) Three individuals shall be appointed by the 
                Majority Leader of the Senate.
                    (D) One individual shall be appointed by the 
                Minority Leader of the Senate.
                    (E) Four individuals shall be appointed by the 
                President of the United States.
            (2) Qualifications.--Each of the individuals appointed 
        under paragraph (1) shall be--
                    (A) individuals with a background in Federal, 
                State, or local law enforcement;
                    (B) individuals from the technology industry; or
                    (C) individuals with expertise in security in the 
                technology industry.
            (3) Chairperson and vice chairperson.--The members of the 
        Commission shall elect a Chairperson and a Vice Chairperson. In 
        the absence of the Chairperson, the Vice Chairperson shall 
        assume the duties of the Chairperson.
            (4) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum for the transaction of business.
            (5) Appointments.--All appointments under paragraph (1) 
        shall be made within 30 days after the date of enactment of 
        this Act.
            (6) Voting.--Each member of the Commission shall be 
        entitled to 1 vote, which shall be equal to the vote of every 
        other member of the Commission.
            (7) Vacancies.--Any vacancy on the Commission shall not 
        affect its powers, but shall be filled in the manner in which 
        the original appointment was made.
            (8) Prohibition of additional pay.--Members of the 
        Commission shall receive no additional pay, allowances, or 
        benefits by reason of their service on the Commission. Members 
        appointed from among private citizens of the United States may 
        be allowed travel expenses, including per diem, in lieu of 
        subsistence, as authorized by law for persons serving 
        intermittently in the Government service to the extent funds 
        are available for such expenses.
            (9) Initial meeting.--The initial meeting of the Commission 
        shall occur within 90 days after the date of enactment of this 
        Act.
    (c) Functions of Commission.--
            (1) Specific findings and recommendations.--The Commission 
        shall study the incidents of computer crimes and the need for 
        enhanced methods of combating computer crimes. The Commission 
        shall make findings and specific recommendations relating to--
                    (A) improved coordination among all Federal 
                agencies in combating computer crimes, including a 
                central information sharing mechanism;
                    (B) the need for criminal laws designed to deter 
                computer crimes;
                    (C) development of a strategic plan for improved 
                international coordination to combat computer crimes 
                targeted at the United States from foreign countries;
                    (D) the need for additional Federal resources, as 
                well as State and local resources to combat computer 
                crimes; and
                    (E) the enhancement of overall computer security in 
                the United States without creating legal or regulatory 
                burdens on the private sector.
            (2) Final report.--
                    (A) In general.--Subject to subparagraph (B), the 
                Commission shall submit to the President and Congress, 
                not later than 1 year after the date of the first 
                meeting of the Commission, a report that shall contain 
                a detailed statement of the findings and conclusions of 
                the Commission, including the Commission's 
                recommendations for administrative and legislative 
                action that the Commission considers advisable.
                    (B) Majority vote required for recommendations.--
                Any recommendation described in subparagraph (A) shall 
                be made by the Commission to the President and Congress 
                only if such recommendation is adopted by a majority 
                vote of the members of the Commission who are present 
                and voting.
    (d) Powers of Commission.--
            (1) Hearings.--For the purpose of carrying out this Act, 
        the Commission may hold such hearings and sit and act at such 
        times and places as the Commission may find advisable.
            (2) Rules and regulations.--The Commission may adopt such 
        rules and regulations as may be necessary to establish the 
        Commission's procedures and to govern the manner of the 
        Commission's operations, organization, and personnel.
            (3) Assistance from federal agencies.--
                    (A) Information.--The Commission may request from 
                the head of any Federal agency or instrumentality such 
                information as the Commission may require for the 
                purpose of this Act. Each such agency or 
                instrumentality shall, to the extent permitted by law 
                and subject to the exceptions set forth in section 552 
                of title 5, United States Code (commonly referred to as 
                the Freedom of Information Act), furnish such 
                information to the Commission, upon request made by the 
                Chairperson of the Commission.
                    (B) Facilities and services; personnel detail 
                authorized.--Upon request of the Chairperson of the 
                Commission, the head of any Federal agency or 
                instrumentality shall, to the extent possible and 
                subject to the discretion of such head--
                            (i) make any of the facilities and services 
                        of such agency or instrumentality available to 
                        the Commission; and
                            (ii) detail any of the personnel of such 
                        agency or instrumentality to the Commission, on 
                        a nonreimbursable basis, to assist the 
                        Commission in carrying out the Commission's 
                        duties under this Act.
            (4) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as other 
        Federal agencies.
            (5) Contracting.--The Commission, to such extent and in 
        such amounts as are provided in appropriation Acts, may enter 
        into contracts with State agencies, private firms, 
        institutions, and individuals for the purpose of conducting 
        research or surveys necessary to enable the Commission to 
        discharge the Commission's duties under this Act.
            (6) Staff.--Subject to such rules and regulations as may be 
        adopted by the Commission, and to such extent and in such 
        amounts as are provided in appropriation Acts, the Chairperson 
        of the Commission shall have the power to appoint, terminate, 
        and fix the compensation (without regard to the provisions of 
        title 5, United States Code, governing appointments in the 
        competitive service, and without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title, or 
        of any other provision of law, relating to the number, 
        classification, and General Schedule rates) of an executive 
        director, and of such additional staff as the Chairperson 
        determines advisable to assist the Commission, at rates not to 
        exceed a rate equal to the maximum rate for level IV of the 
        Executive Schedule under section 5332 of such title.
    (e) Expenses of Commission.--There are authorized to be 
appropriated to pay any expenses of the Commission such sums as may be 
necessary not to exceed $500,000. Any sums appropriated for such 
purposes are authorized to remain available until expended, or until 1 
year after the termination of the Commission under subsection (f), 
whichever occurs first.
    (f) Termination of Commission.--The Commission shall terminate on 
the date that is 60 days after the date on which the Commission is 
required to submit its final report in accordance with section (c)(2).
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