[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[Senate]
[Pages 17054-17058]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 5254. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 3322, to provide tax relief for the victims of 
severe storms, tornados, and flooding in the Midwest, and for other 
purposes; which was referred to the Committee on Finance; as follows:

       On page 15, line 11, insert ``or by any instrumentality of 
     the State'' after ``located''.
                                 ______
                                 
  SA 5255. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 3335, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions, and for

[[Page 17055]]

other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. OPEN FUEL STANDARDS.

       (a) Short Title.--This section may be cited as the ``Open 
     Fuel Standard Act of 2008'' or the ``OFS Act''.
       (b) Findings.--Congress makes the following findings:
       (1) The status of oil as a strategic commodity, which 
     derives from its domination of the transportation sector, 
     presents a clear and present danger to the United States.
       (2) In a prior era, when salt was a strategic commodity, 
     salt mines conferred national power and wars were fought over 
     the control of such mines.
       (3) Technology, in the form of electricity and 
     refrigeration, decisively ended salt's monopoly of meat 
     preservation and greatly reduced its strategic importance.
       (4) Fuel competition and consumer choice would similarly 
     serve to end oil's monopoly in the transportation sector and 
     strip oil of its strategic status.
       (5) The current closed fuel market has allowed a cartel of 
     petroleum exporting countries to inflate fuel prices, 
     effectively imposing a harmful tax on the economy of the 
     United States of nearly $500,000,000,000 per year.
       (6) Much of the inflated petroleum revenues the oil cartel 
     earns at the expense of the people of the United States are 
     used for purposes antithetical to the interests of the United 
     States and its allies.
       (7) Alcohol fuels, including ethanol and methanol, could 
     potentially provide significant supplies of additional fuels 
     that could be produced in the United States and in many other 
     countries in the Western Hemisphere that are friendly to the 
     United States.
       (8) Alcohol fuels can only play a major role in securing 
     the energy independence of the United States if a substantial 
     portion of vehicles in the United States are capable of 
     operating on such fuels.
       (9) It is not in the best interest of United States 
     consumers or the United States Government to be constrained 
     to depend solely upon petroleum resources for vehicle fuels 
     if alcohol fuels are potentially available.
       (10) Existing technology, in the form of flexible fuel 
     vehicles, allows internal combustion engine cars and trucks 
     to be produced at little or no additional cost, which are 
     capable of operating on conventional gasoline, alcohol fuels, 
     or any combination of such fuels, as availability or cost 
     advantage dictates, providing a platform on which fuels can 
     compete.
       (11) The necessary distribution system for such alcohol 
     fuels will not be developed in the United States until a 
     substantial fraction of the vehicles in the United States are 
     capable of operating on such fuels.
       (12) The establishment of such a vehicle fleet and 
     distribution system would provide a large market that would 
     mobilize private resources to substantially advance the 
     technology and expand the production of alcohol fuels in the 
     United States and abroad.
       (13) The United States has an urgent national security 
     interest to develop alcohol fuels technology, production, and 
     distribution systems as rapidly as possible.
       (14) New cars sold in the United States that are equipped 
     with an internal combustion engine should allow for fuel 
     competition by being flexible fuel vehicles, and new diesel 
     cars should be capable of operating on biodiesel.
       (15) Such an open fuel standard would help to protect the 
     United States economy from high and volatile oil prices and 
     from the threats caused by global instability, terrorism, and 
     natural disaster.
       (c) Open Fuel Standard for Transportation.--
       (1) In general.--Chapter 329 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 32920. Open fuel standard for transportation

       ``(a) Definitions.--In this section:
       ``(1) E85.--The term `E85' means a fuel mixture containing 
     85 percent ethanol and 15 percent gasoline by volume.
       ``(2) Flexible fuel automobile.--The term `flexible fuel 
     automobile' means an automobile that has been warranted by 
     its manufacturer to operate on gasoline, E85, and M85.
       ``(3) Fuel choice-enabling automobile.--The term `fuel 
     choice-enabling automobile' means--
       ``(A) a flexible fuel automobile; or
       ``(B) an automobile that has been warranted by its 
     manufacturer to operate on biodiesel.
       ``(4) Light-duty automobile.--The term `light-duty 
     automobile' means--
       ``(A) a passenger automobile; or
       ``(B) a non-passenger automobile.
       ``(5) Light-duty automobile manufacturer's annual 
     inventory.--The term `light-duty automobile manufacturer's 
     annual inventory' means the number of light-duty automobiles 
     that a manufacturer, during a given calendar year, 
     manufactures in the United States or imports from outside of 
     the United States for sale in the United States.
       ``(6) M85.--The term `M85' means a fuel mixture containing 
     85 percent methanol and 15 percent gasoline by volume.
       ``(7) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(b) Open Fuel Standard for Transportation.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each light-duty automobile manufacturer's annual inventory 
     shall be comprised of not less than 50 percent fuel choice-
     enabling automobiles in 2012.
       ``(2) Temporary exemption from requirements.--
       ``(A) Application.--A manufacturer may request an exemption 
     from the requirement described in paragraph (1) by submitting 
     an application to the Secretary, at such time, in such 
     manner, and containing such information as the Secretary may 
     require by regulation. Each such application shall specify 
     the models, lines, and types of automobiles affected.
       ``(B) Evaluation.--After evaluating an application received 
     from a manufacturer, the Secretary may at any time, under 
     such terms and conditions, and to such extent as the 
     Secretary considers appropriate, temporarily exempt, or renew 
     the exemption of, a light-duty automobile from the 
     requirement described in paragraph (1) if the Secretary 
     determines that unavoidable events not under the control of 
     the manufacturer prevent the manufacturer of such automobile 
     from meeting its required production volume of fuel choice-
     enabling automobiles due to a disruption in--
       ``(i) the supply of any component required for compliance 
     with the regulations; or
       ``(ii) the use and installation by the manufacturer of such 
     component.
       ``(C) Consolidation.--The Secretary may consolidate 
     applications received from multiple manufactures under 
     subparagraph (A) if they are of a similar nature.
       ``(D) Conditions.--Any exemption granted under subparagraph 
     (B) shall be conditioned upon the manufacturer's commitment 
     to recall the exempted automobiles for installation of the 
     omitted components within a reasonable time proposed by the 
     manufacturer and approved by the Secretary after such 
     components become available in sufficient quantities to 
     satisfy both anticipated production and recall volume 
     requirements.
       ``(E) Notice.--The Secretary shall publish in the Federal 
     Register--
       ``(i) notice of each application received from a 
     manufacturer;
       ``(ii) notice of each decision to grant or deny a temporary 
     exemption; and
       ``(iii) the reasons for granting or denying such 
     exemptions.
       ``(F) Labeling.--Each manufacturer that receives an 
     exemption under this paragraph shall place a label on each 
     exempted automobile. Such label--
       ``(i) shall comply with the regulations prescribed by the 
     Secretary under paragraph (3); and
       ``(ii) may only be removed after recall and installation of 
     the required components.
       ``(G) Notice of exemption.--Each light-duty automobile 
     delivered to dealers and first purchasers that is not a fuel 
     choice-enabling automobile and for which the manufacturer 
     received an exemption under this paragraph, shall be 
     accompanied with a written notification of such exemption, 
     which complies with the regulations prescribed by the 
     Secretary under paragraph (3).
       ``(3) Rulemaking.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall promulgate 
     regulations to carry out this section.''.
       (2) Clerical amendment.--The table of sections for chapter 
     329 of title 49, United States Code, is amended by adding at 
     the end the following:

``32920. Open fuel standard for transportation.''.
                                 ______
                                 
  SA 5256. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 3186, to provide funding for the Low-Income Home 
Energy Assistance Program; which was ordered to lie on the table; as 
follows:

       At the end of the bill, add the following:

     SEC. 3. OPEN FUEL STANDARDS.

       (a) Short Title.--This section may be cited as the ``Open 
     Fuel Standard Act of 2008'' or the ``OFS Act''.
       (b) Findings.--Congress makes the following findings:
       (1) The status of oil as a strategic commodity, which 
     derives from its domination of the transportation sector, 
     presents a clear and present danger to the United States.
       (2) In a prior era, when salt was a strategic commodity, 
     salt mines conferred national power and wars were fought over 
     the control of such mines.
       (3) Technology, in the form of electricity and 
     refrigeration, decisively ended salt's monopoly of meat 
     preservation and greatly reduced its strategic importance.
       (4) Fuel competition and consumer choice would similarly 
     serve to end oil's monopoly in the transportation sector and 
     strip oil of its strategic status.
       (5) The current closed fuel market has allowed a cartel of 
     petroleum exporting countries to inflate fuel prices, 
     effectively imposing a harmful tax on the economy of the 
     United States of nearly $500,000,000,000 per year.

[[Page 17056]]

       (6) Much of the inflated petroleum revenues the oil cartel 
     earns at the expense of the people of the United States are 
     used for purposes antithetical to the interests of the United 
     States and its allies.
       (7) Alcohol fuels, including ethanol and methanol, could 
     potentially provide significant supplies of additional fuels 
     that could be produced in the United States and in many other 
     countries in the Western Hemisphere that are friendly to the 
     United States.
       (8) Alcohol fuels can only play a major role in securing 
     the energy independence of the United States if a substantial 
     portion of vehicles in the United States are capable of 
     operating on such fuels.
       (9) It is not in the best interest of United States 
     consumers or the United States Government to be constrained 
     to depend solely upon petroleum resources for vehicle fuels 
     if alcohol fuels are potentially available.
       (10) Existing technology, in the form of flexible fuel 
     vehicles, allows internal combustion engine cars and trucks 
     to be produced at little or no additional cost, which are 
     capable of operating on conventional gasoline, alcohol fuels, 
     or any combination of such fuels, as availability or cost 
     advantage dictates, providing a platform on which fuels can 
     compete.
       (11) The necessary distribution system for such alcohol 
     fuels will not be developed in the United States until a 
     substantial fraction of the vehicles in the United States are 
     capable of operating on such fuels.
       (12) The establishment of such a vehicle fleet and 
     distribution system would provide a large market that would 
     mobilize private resources to substantially advance the 
     technology and expand the production of alcohol fuels in the 
     United States and abroad.
       (13) The United States has an urgent national security 
     interest to develop alcohol fuels technology, production, and 
     distribution systems as rapidly as possible.
       (14) New cars sold in the United States that are equipped 
     with an internal combustion engine should allow for fuel 
     competition by being flexible fuel vehicles, and new diesel 
     cars should be capable of operating on biodiesel.
       (15) Such an open fuel standard would help to protect the 
     United States economy from high and volatile oil prices and 
     from the threats caused by global instability, terrorism, and 
     natural disaster.
       (c) Open Fuel Standard for Transportation.--
       (1) In general.--Chapter 329 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 32920. Open fuel standard for transportation

       ``(a) Definitions.--In this section:
       ``(1) E85.--The term `E85' means a fuel mixture containing 
     85 percent ethanol and 15 percent gasoline by volume.
       ``(2) Flexible fuel automobile.--The term `flexible fuel 
     automobile' means an automobile that has been warranted by 
     its manufacturer to operate on gasoline, E85, and M85.
       ``(3) Fuel choice-enabling automobile.--The term `fuel 
     choice-enabling automobile' means--
       ``(A) a flexible fuel automobile; or
       ``(B) an automobile that has been warranted by its 
     manufacturer to operate on biodiesel.
       ``(4) Light-duty automobile.--The term `light-duty 
     automobile' means--
       ``(A) a passenger automobile; or
       ``(B) a non-passenger automobile.
       ``(5) Light-duty automobile manufacturer's annual 
     inventory.--The term `light-duty automobile manufacturer's 
     annual inventory' means the number of light-duty automobiles 
     that a manufacturer, during a given calendar year, 
     manufactures in the United States or imports from outside of 
     the United States for sale in the United States.
       ``(6) M85.--The term `M85' means a fuel mixture containing 
     85 percent methanol and 15 percent gasoline by volume.
       ``(7) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(b) Open Fuel Standard for Transportation.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each light-duty automobile manufacturer's annual inventory 
     shall be comprised of not less than 50 percent fuel choice-
     enabling automobiles in 2012.
       ``(2) Temporary exemption from requirements.--
       ``(A) Application.--A manufacturer may request an exemption 
     from the requirement described in paragraph (1) by submitting 
     an application to the Secretary, at such time, in such 
     manner, and containing such information as the Secretary may 
     require by regulation. Each such application shall specify 
     the models, lines, and types of automobiles affected.
       ``(B) Evaluation.--After evaluating an application received 
     from a manufacturer, the Secretary may at any time, under 
     such terms and conditions, and to such extent as the 
     Secretary considers appropriate, temporarily exempt, or renew 
     the exemption of, a light-duty automobile from the 
     requirement described in paragraph (1) if the Secretary 
     determines that unavoidable events not under the control of 
     the manufacturer prevent the manufacturer of such automobile 
     from meeting its required production volume of fuel choice-
     enabling automobiles due to a disruption in--
       ``(i) the supply of any component required for compliance 
     with the regulations; or
       ``(ii) the use and installation by the manufacturer of such 
     component.
       ``(C) Consolidation.--The Secretary may consolidate 
     applications received from multiple manufactures under 
     subparagraph (A) if they are of a similar nature.
       ``(D) Conditions.--Any exemption granted under subparagraph 
     (B) shall be conditioned upon the manufacturer's commitment 
     to recall the exempted automobiles for installation of the 
     omitted components within a reasonable time proposed by the 
     manufacturer and approved by the Secretary after such 
     components become available in sufficient quantities to 
     satisfy both anticipated production and recall volume 
     requirements.
       ``(E) Notice.--The Secretary shall publish in the Federal 
     Register--
       ``(i) notice of each application received from a 
     manufacturer;
       ``(ii) notice of each decision to grant or deny a temporary 
     exemption; and
       ``(iii) the reasons for granting or denying such 
     exemptions.
       ``(F) Labeling.--Each manufacturer that receives an 
     exemption under this paragraph shall place a label on each 
     exempted automobile. Such label--
       ``(i) shall comply with the regulations prescribed by the 
     Secretary under paragraph (3); and
       ``(ii) may only be removed after recall and installation of 
     the required components.
       ``(G) Notice of exemption.--Each light-duty automobile 
     delivered to dealers and first purchasers that is not a fuel 
     choice-enabling automobile and for which the manufacturer 
     received an exemption under this paragraph, shall be 
     accompanied with a written notification of such exemption, 
     which complies with the regulations prescribed by the 
     Secretary under paragraph (3).
       ``(3) Rulemaking.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall promulgate 
     regulations to carry out this section.''.
       (2) Clerical amendment.--The table of sections for chapter 
     329 of title 49, United States Code, is amended by adding at 
     the end the following:

``32920. Open fuel standard for transportation.''.
                                 ______
                                 
  SA 5257. Mr. PRYOR (for Mr. Leahy (for himself and Mr. Specter)) 
proposed an amendment to the bill H.R. 5938, to amend title 18, United 
States Code, to provide secret service protection to former Vice 
Presidents, and for other purposes; as follows:

       On page 2, strike lines 1 through 5, and insert the 
     following:

             TITLE I--FORMER VICE PRESIDENT PROTECTION ACT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Former Vice President 
     Protection Act of 2008''.

     SEC. 102. SECRET SERVICE PROTECTION FOR FORMER VICE 
                   PRESIDENTS AND THEIR FAMILIES.

       On page 3, strike line 1 and insert the following:

     SEC. 103. EFFECTIVE DATE.

       On page 3, after line 4, insert the following:

        TITLE II--IDENTITY THEFT ENFORCEMENT AND RESTITUTION ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Identity Theft Enforcement 
     and Restitution Act of 2008''.

     SEC. 202. CRIMINAL RESTITUTION.

       Section 3663(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (4), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) in the case of an offense under sections 1028(a)(7) 
     or 1028A(a) of this title, pay an amount equal to the value 
     of the time reasonably spent by the victim in an attempt to 
     remediate the intended or actual harm incurred by the victim 
     from the offense.''.

     SEC. 203. ENSURING JURISDICTION OVER THE THEFT OF SENSITIVE 
                   IDENTITY INFORMATION.

       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. 204. MALICIOUS SPYWARE, HACKING AND KEYLOGGERS.

       (a) In General.--Section 1030 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)(5)--
       (A) by striking subparagraph (B); and
       (B) in subparagraph (A)--
       (i) by striking ``(A)(i) knowingly'' and inserting ``(A) 
     knowingly'';
       (ii) by redesignating clauses (ii) and (iii) as 
     subparagraphs (B) and (C), respectively; and
       (iii) in subparagraph (C), as so redesignated--

       (I) by inserting ``and loss'' after ``damage''; and
       (II) by striking ``; and'' and inserting a period;

[[Page 17057]]

       (2) in subsection (c)--
       (A) in paragraph (2)(A), by striking ``(a)(5)(A)(iii),'';
       (B) in paragraph (3)(B), by striking ``(a)(5)(A)(iii),'';
       (C) by amending paragraph (4) to read as follows:
       ``(4)(A) except as provided in subparagraphs (E) and (F), a 
     fine under this title, imprisonment for not more than 5 
     years, or both, in the case of--
       ``(i) an offense under subsection (a)(5)(B), which does not 
     occur after a conviction for another offense under this 
     section, if the offense caused (or, in the case of an 
     attempted offense, would, if completed, have 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 for 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; or
       ``(ii) an attempt to commit an offense punishable under 
     this subparagraph;
       ``(B) except as provided in subparagraphs (E) and (F), a 
     fine under this title, imprisonment for not more than 10 
     years, or both, in the case of--
       ``(i) an offense under subsection (a)(5)(A), which does not 
     occur after a conviction for another offense under this 
     section, if the offense caused (or, in the case of an 
     attempted offense, would, if completed, have caused) a harm 
     provided in subclauses (I) through (VI) of subparagraph 
     (A)(i); or
       ``(ii) an attempt to commit an offense punishable under 
     this subparagraph;
       ``(C) except as provided in subparagraphs (E) and (F), a 
     fine under this title, imprisonment for not more than 20 
     years, or both, in the case of--
       ``(i) an offense or an attempt to commit an offense under 
     subparagraphs (A) or (B) of subsection (a)(5) that occurs 
     after a conviction for another offense under this section; or
       ``(ii) an attempt to commit an offense punishable under 
     this subparagraph;
       ``(D) a fine under this title, imprisonment for not more 
     than 10 years, or both, in the case of--
       ``(i) an offense or an attempt to commit an offense under 
     subsection (a)(5)(C) that occurs after a conviction for 
     another offense under this section; or
       ``(ii) an attempt to commit an offense punishable under 
     this subparagraph;
       ``(E) if the offender attempts to cause or knowingly or 
     recklessly causes serious bodily injury from conduct in 
     violation of subsection (a)(5)(A), a fine under this title, 
     imprisonment for not more than 20 years, or both;
       ``(F) 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
       ``(G) a fine under this title, imprisonment for not more 
     than 1 year, or both, for--
       ``(i) any other offense under subsection (a)(5); or
       ``(ii) an attempt to commit an offense punishable under 
     this subparagraph.''; and
       (D) by striking paragraph (5); and
       (3) in subsection (g)--
       (A) in the second sentence, by striking ``in clauses (i), 
     (ii), (iii), (iv), or (v) of subsection (a)(5)(B)'' and 
     inserting ``in subclauses (I), (II), (III), (IV), or (V) of 
     subsection (c)(4)(A)(i)''; and
       (B) in the third sentence, by striking ``subsection 
     (a)(5)(B)(i)'' and inserting ``subsection (c)(4)(A)(i)(I)''.
       (b) Conforming Changes.--Section 2332b(g)(5)(B)(i) of title 
     18, United States Code, is amended by striking 
     ``1030(a)(5)(A)(i) resulting in damage as defined in 
     1030(a)(5)(B)(ii) through (v)'' and inserting ``1030(a)(5)(A) 
     resulting in damage as defined in 1030(c)(4)(A)(i)(II) 
     through (VI)''.

     SEC. 205. CYBER-EXTORTION.

       Section 1030(a)(7) of title 18, United States Code, is 
     amended to read as follows:
       ``(7) with intent to extort from any person any money or 
     other thing of value, transmits in interstate or foreign 
     commerce any communication containing any--
       ``(A) threat to cause damage to a protected computer;
       ``(B) threat to obtain information from a protected 
     computer without authorization or in excess of authorization 
     or to impair the confidentiality of information obtained from 
     a protected computer without authorization or by exceeding 
     authorized access; or
       ``(C) demand or request for money or other thing of value 
     in relation to damage to a protected computer, where such 
     damage was caused to facilitate the extortion;''.

     SEC. 206. CONSPIRACY TO COMMIT CYBER-CRIMES.

       Section 1030(b) of title 18, United States Code, is amended 
     by inserting ``conspires to commit or'' after ``Whoever''.

     SEC. 207. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER 
                   FOR CRIMINAL PENALTIES.

       Section 1030(e)(2)(B) of title 18, United States Code, is 
     amended by inserting ``or affecting'' after ``which is used 
     in''.

     SEC. 208. FORFEITURE FOR SECTION 1030 VIOLATIONS.

       Section 1030 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(i)(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 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 that such person obtained, 
     directly or indirectly, as a result of such violation.
       ``(2) The criminal forfeiture of property under this 
     subsection, any seizure and disposition thereof, and any 
     judicial proceeding in relation thereto, 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) For purposes of subsection (i), the following shall 
     be subject to forfeiture to the United States and no property 
     right shall exist in them:
       ``(1) Any personal property used or intended to be used to 
     commit or to facilitate the commission of any violation of 
     this section, or a conspiracy to violate this section.
       ``(2) Any property, real or personal, which constitutes or 
     is derived from proceeds traceable to any violation of this 
     section, or a conspiracy to violate this section''.

     SEC. 209. DIRECTIVE TO UNITED STATES 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 review its guidelines and policy statements applicable 
     to persons convicted of offenses under sections 1028, 1028A, 
     1030, 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 subsection (a), the United States Sentencing 
     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 including--
       (A) the value of information obtained from a protected 
     computer, regardless of whether the owner was deprived of use 
     of the information; and
       (B) where the information obtained constitutes a trade 
     secret or other proprietary information, the cost the victim 
     incurred developing or compiling the information.
       (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 an 
     agency of the United States Government, or of a State or 
     local government.
       (7) Whether the offense involved a computer used by the 
     United States Government, a State, or a local 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, causing 
     injury to any person, or causing death.
       (10) Whether the defendant purposefully involved a juvenile 
     in the commission of the offense.
       (11) Whether the defendant's intent to cause damage or 
     intent to obtain personal information should be disaggregated 
     and considered separately from the other factors set forth in 
     USSG 2B1.1(b)(14).
       (12) Whether the term ``victim'' as used in USSG 2B1.1, 
     should include individuals whose privacy was violated as a 
     result of the offense in addition to individuals who suffered 
     monetary harm as a result of the offense.
       (13) Whether the defendant disclosed personal information 
     obtained during the commission of the offense.

[[Page 17058]]

       (c) Additional Requirements.--In carrying out this section, 
     the United States Sentencing 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.

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