II

Calendar No. 820

106TH CONGRESS

2D SESSION S. 1314

To establish a grant program to assist State and local law enforcement

in deterring, investigating, and prosecuting computer crimes.

IN THE SENATE OF THE UNITED STATES

JULY 1, 1999

Mr. LEAHY (for himself, Mr. DEWINE, Mr. ROBB, Mr. ABRAHAM, and Mr.

HATCH) introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

SEPTEMBER 21, 2000

Reported by Mr. HATCH, without amendment

A BILL

To establish a grant program to assist State and local law

enforcement in deterring, investigating, and prosecuting

computer crimes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Computer Crime En5 forcement Act’’.
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S 1314 RS

1 SEC. 2. STATE GRANT PROGRAM FOR TRAINING AND PROS2 ECUTION OF COMPUTER CRIMES.

3 (a) IN GENERAL.—Subject to the availability of

4 amounts provided in advance in appropriations Acts, the

5 Office of Justice Programs shall make a grant to each

6 State, which shall be used by the State, in conjunction

7 with units of local government, State and local courts,

8 other States, or combinations thereof, to—

9 (1) assist State and local law enforcement in

10 enforcing State and local criminal laws relating to

11 computer crime;

12 (2) assist State and local law enforcement in

13 educating the public to prevent and identify com14 puter crime;

15 (3) assist in educating and training State and

16 local law enforcement officers and prosecutors to

17 conduct investigations and forensic analyses of evi18 dence and prosecutions of computer crime;

19 (4) assist State and local law enforcement offi20 cers and prosecutors in acquiring computer and

21 other equipment to conduct investigations and foren22 sic analysis of evidence of computer crimes; and

23 (5) facilitate and promote the sharing of Fed24 eral law enforcement expertise and information

25 about the investigation, analysis, and prosecution of

26 computer crimes with State and local law enforce-
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S 1314 RS

1 ment officers and prosecutors, including the use of

2 multijurisdictional task forces.

3 (b) USE OF GRANT AMOUNTS.—Grants under this

4 section may be used to establish and develop programs

5 to—

6 (1) assist State and local law enforcement in

7 enforcing State and local criminal laws relating to

8 computer crime;

9 (2) assist State and local law enforcement in

10 educating the public to prevent and identify com11 puter crime;

12 (3) educate and train State and local law en13 forcement officers and prosecutors to conduct inves14 tigations and forensic analyses of evidence and pros15 ecutions of computer crime;

16 (4) assist State and local law enforcement offi17 cers and prosecutors in acquiring computer and

18 other equipment to conduct investigations and foren19 sic analysis of evidence of computer crimes; and

20 (5) facilitate and promote the sharing of Fed21 eral law enforcement expertise and information

22 about the investigation, analysis, and prosecution of

23 computer crimes with State and local law enforce24 ment officers and prosecutors, including the use of

25 multijurisdictional task forces.
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S 1314 RS

1 (c) ASSURANCES.—To be eligible to receive a grant

2 under this section, a State shall provide assurances to the

3 Attorney General that the State—

4 (1) has in effect laws that penalize computer

5 crime, such as penal laws prohibiting—

6 (A) fraudulent schemes executed by means

7 of a computer system or network;

8 (B) the unlawful damaging, destroying, al9 tering, deleting, removing of computer software,

10 or data contained in a computer, computer sys11 tem, computer program, or computer network;

12 or

13 (C) the unlawful interference with the op14 eration of or denial of access to a computer,

15 computer program, computer system, or com16 puter network;

17 (2) an assessment of the State and local re18 source needs, including criminal justice resources

19 being devoted to the investigation and enforcement

20 of computer crime laws; and

21 (3) a plan for coordinating the programs fund22 ed under this section with other federally funded

23 technical assistant and training programs, including

24 directly funded local programs such as the Local

25 Law Enforcement Block Grant program (described
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1 under the heading ‘‘Violent Crime Reduction Pro2 grams, State and Local Law Enforcement Assist3 ance’’ of the Departments of Commerce, Justice,

4 and State, the Judiciary, and Related Agencies Ap5 propriations Act, 1998 (Public Law 105–119)).

6 (d) MATCHING FUNDS.—The Federal share of a

7 grant received under this section may not exceed 90 per8 cent of the costs of a program or proposal funded under

9 this section unless the Attorney General waives, wholly or

10 in part, the requirements of this subsection.

11 (e) AUTHORIZATION OF APPROPRIATIONS.—

12 (1) IN GENERAL.—There is authorized to be

13 appropriated to carry out this section $25,000,000

14 for each of fiscal years 2000 through 2003.

15 (2) LIMITATIONS.—Of the amount made avail16 able to carry out this section in any fiscal year not

17 more than 3 percent may be used by the Attorney

18 General for salaries and administrative expenses.

19 (3) MINIMUM AMOUNT.—Unless all eligible ap20 plications submitted by any State or unit of local

21 government within such State for a grant under this

22 section have been funded, such State, together with

23 grantees within the State (other than Indian tribes),

24 shall be allocated in each fiscal year under this sec25 tion not less than 0.75 percent of the total amount
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1 appropriated in the fiscal year for grants pursuant

2 to this section, except that the United States Virgin

3 Islands, American Samoa, Guam, and the Northern

4 Mariana Islands each shall be allocated 0.25 per5 cent.

6 (f) GRANTS TO INDIAN TRIBES.—Notwithstanding

7 any other provision of this section, the Attorney General

8 may use amounts made available under this section to

9 make grants to Indian tribes for use in accordance with

10 this section.

Calendar No. 820

106TH CONGRESS

2D SESSION S. 1314

A BILL

To establish a grant program to assist State and

local law enforcement in deterring, investigating,and prosecuting computer crimes.

SEPTEMBER 21, 2000

Reported without amendment