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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Cyber Security En-
hancement Act of 2002’’.
TITLE I—COMPUTER CRIME
SEC. 101. AMENDMENT OF SENTENCING GUIDELINES RE-
LATING TO CERTAIN COMPUTER CRIMES.
(a) DIRECTIVE
TO
THE
UNITED
STATES
SEN-
TENCING COMMISSION.—Pursuant to its authority under
section 994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sentencing
Commission shall review and, if appropriate, amend its
guidelines and its policy statements applicable to persons
convicted of an offense under section 1030 of title 18,
United States Code.
(b) REQUIREMENTS.—In carrying out this section,
the Sentencing Commission shall—
(1) ensure that the sentencing guidelines and
policy statements reflect the serious nature of the of-
fenses described in subsection (a), the growing inci-
dence of such offenses, and the need for an effective
deterrent and appropriate punishment to prevent
such offenses;
(2) consider the following factors and the extent
to which the guidelines may or may not account for
them—
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(A) the potential and actual loss resulting
from the offense;
(B) the level of sophistication and planning
involved in the offense;
(C) whether the offense was committed for
purposes of commercial advantage or private fi-
nancial benefit;
(D) whether the defendant acted with ma-
licious intent to cause harm in committing the
offense;
(E) the extent to which the offense violated
the privacy rights of individuals harmed;
(F) whether the offense involved a com-
puter used by the government in furtherance of
national defense, national security, or the ad-
ministration of justice;
(G) whether the violation was intended to
or had the effect of significantly interfering
with or disrupting a critical infrastructure; and
(H) whether the violation was intended to
or had the effect of creating a threat to public
health or safety, or injury to any person;
(3) assure reasonable consistency with other
relevant directives and with other sentencing guide-
lines;
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(4) account for any additional aggravating or
mitigating circumstances that might justify excep-
tions to the generally applicable sentencing ranges;
(5) make any necessary conforming changes to
the sentencing guidelines; and
(6) 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. 101A. STUDY AND REPORT ON COMPUTER CRIMES.
Not later than May 1, 2003, the United States Sen-
tencing Commission shall submit a brief report to Con-
gress that explains any actions taken by the Sentencing
Commission in response to this Act and includes any rec-
ommendations the Commission may have regarding statu-
tory penalties for offenses under section 1030 of title 18,
United States Code.
SEC. 102. EMERGENCY DISCLOSURE EXCEPTION.
(a) IN GENERAL.—Section 2702(b) of title 18,
United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(5);
(2) by striking subparagraph (C) of paragraph
(6);
(3) in paragraph (6), by inserting ‘‘or’’ at the
end of subparagraph (A); and
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(4) by inserting after paragraph (6) the fol-
lowing:
‘‘(7) to a Federal, State, or local governmental
entity, if the provider, in good faith, believes that an
emergency involving danger of death or serious phys-
ical injury to any person requires disclosure without
delay of communications relating to the emer-
gency.’’.
(b) REPORTING OF DISCLOSURES.—A government
entity that receives a disclosure under this section shall
file, no later than 90 days after such disclosure, a report
to the Attorney General stating the subparagraph under
which the disclosure was made, the date of the disclosure,
the entity to which the disclosure was made, the number
of customers or subscribers to whom the information dis-
closed pertained, and the number of communications, if
any, that were disclosed. The Attorney General shall pub-
lish all such reports into a single report to be submitted
to Congress one year after enactment of the bill.
SEC. 103. GOOD FAITH EXCEPTION.
Section 2520(d)(3) of title 18, United States Code,
is amended by inserting ‘‘or 2511(2)(i)’’ after ‘‘2511(3)’’.
SEC. 104. INTERNET ADVERTISING OF ILLEGAL DEVICES.
Section 2512(1)(c) of title 18, United States Code,
is amended—
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(1) by inserting ‘‘or disseminates by electronic
means’’ after ‘‘or other publication’’; and
(2) by inserting ‘‘knowing the content of the
advertisement and’’ before ‘‘knowing or having rea-
son to know’’.
SEC. 105. STRENGTHENING PENALTIES.
Section 1030(c) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) in each of subparagraphs (A) and (C) of
paragraph (4), by inserting ‘‘except as provided in
paragraph (5),’’ before ‘‘a fine under this title’’;
(3) by striking the period at the end of para-
graph (4)(C) and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(5)(A) if the offender knowingly or recklessly
causes or attempts to cause serious bodily injury
from conduct in violation of subsection (a)(5)(A)(i),
a fine under this title or imprisonment for not more
than 20 years, or both; and
‘‘(B) if the offender knowingly or recklessly
causes or attempts to cause death from conduct in
violation of subsection (a)(5)(A)(i), a fine under this
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title or imprisonment for any term of years or for
life, or both.’’.
SEC. 106. PROVIDER ASSISTANCE.
(a) SECTION 2703.—Section 2703(e) of title 18,
United States Code, is amended by inserting ‘‘, statutory
authorization’’ after ‘‘subpoena’’.
(b) SECTION 2511.—Section 2511(2)(a)(ii) of title
18, United States Code, is amended by inserting ‘‘, statu-
tory authorization,’’ after ‘‘court order’’ the last place it
appears.
SEC. 107. EMERGENCIES.
Section 3125(a)(1) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(A);
(2) by striking the comma at the end of sub-
paragraph (B) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(C) an immediate threat to a national se-
curity interest; or
‘‘(D) an ongoing attack on a protected
computer (as defined in section 1030) that con-
stitutes a crime punishable by a term of impris-
onment greater than one year;’’.
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SEC. 108. PROTECTING PRIVACY.
(a) SECTION 2511.—Section 2511(4) of title 18,
United States Code, is amended—
(1) by striking paragraph (b); and
(2) by redesignating paragraph (c) as para-
graph (b).
(b) SECTION 2701.—Section 2701(b) of title 18,
United States Code, is amended—
(1) in paragraph (1), by inserting ‘‘, or in fur-
therance of any criminal or tortious act in violation
of the Constitution or laws of the United States or
any State’’ after ‘‘commercial gain’’;
(2) in paragraph (1)(A), by striking ‘‘one year’’
and inserting ‘‘5 years’’;
(3) in paragraph (1)(B), by striking ‘‘two
years’’ and inserting ‘‘10 years’’; and
(4) so that paragraph (2) reads as follows:
‘‘(2) in any other case—
‘‘(A) a fine under this title or imprison-
ment for not more than one year or both, in the
case of a first offense under this paragraph;
and
‘‘(B) a fine under this title or imprison-
ment for not more than 5 years, or both, in the
case of an offense under this subparagraph that
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occurs after a conviction of another offense
under this section.’’.
(c) PRESENCE OF OFFICER AT SERVICE AND EXECU-
TION OF WARRANTS FOR COMMUNICATIONS AND CUS-
TOMER RECORDS.—Section 3105 of title 18, United
States Code, is amended by adding at the end the fol-
lowing: ‘‘The presence of an officer is not required for
service or execution of a search warrant directed to a pro-
vider of electronic communication service or remote com-
puting service for records or other information pertaining
to a subscriber to or customer of such service.’’.
TITLE II—OFFICE OF SCIENCE
AND TECHNOLOGY
SEC. 201. ESTABLISHMENT OF OFFICE; DIRECTOR.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is hereby established
within the Department of Justice an Office of
Science and Technology (hereinafter in this title re-
ferred to as the ‘‘Office’’).
(2) AUTHORITY.—The Office shall be under the
general authority of the Assistant Attorney General,
Office of Justice Programs, and shall be independent
of the National Institute of Justice.
(b) DIRECTOR.—The Office shall be headed by a Di-
rector, who shall be an individual appointed based on ap-
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proval by the Office of Personnel Management of the exec-
utive qualifications of the individual.
SEC. 202. MISSION OF OFFICE; DUTIES.
(a) MISSION.—The mission of the Office shall be—
(1) to serve as the national focal point for work
on law enforcement technology; and
(2) to carry out programs that, through the
provision of equipment, training, and technical as-
sistance, improve the safety and effectiveness of law
enforcement technology and improve access to such
technology by Federal, State, and local law enforce-
ment agencies.
(b) DUTIES.—In carrying out its mission, the Office
shall have the following duties:
(1) To provide recommendations and advice to
the Attorney General.
(2) To establish and maintain advisory groups
(which shall be exempt from the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.)) to
assess the law enforcement technology needs of Fed-
eral, State, and local law enforcement agencies.
(3) To establish and maintain performance
standards in accordance with the National Tech-
nology Transfer and Advancement Act of 1995
(Public Law 104–113) for, and test and evaluate
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law enforcement technologies that may be used by,
Federal, State, and local law enforcement agencies.
(4) To establish and maintain a program to
certify, validate, and mark or otherwise recognize
law enforcement technology products that conform
to standards established and maintained by the Of-
fice in accordance with the National Technology
Transfer and Advancement Act of 1995 (Public Law
104–113). The program may, at the discretion of
the Office, allow for supplier’s declaration of con-
formity with such standards.
(5) To work with other entities within the De-
partment of Justice, other Federal agencies, and the
executive office of the President to establish a co-
ordinated Federal approach on issues related to law
enforcement technology.
(6) To carry out research, development, testing,
and evaluation in fields that would improve the safe-
ty, effectiveness, and efficiency of law enforcement
technologies used by Federal, State, and local law
enforcement agencies, including, but not limited to—
(A) weapons capable of preventing use by
unauthorized persons, including personalized
guns;
(B) protective apparel;
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(C) bullet-resistant and explosion-resistant
glass;
(D) monitoring systems and alarm systems
capable of providing precise location informa-
tion;
(E) wire and wireless interoperable com-
munication technologies;
(F) tools and techniques that facilitate in-
vestigative and forensic work, including com-
puter forensics;
(G) equipment for particular use in
counterterrorism, including devices and tech-
nologies to disable terrorist devices;
(H) guides to assist State and local law en-
forcement agencies;
(I) DNA identification technologies; and
(J) tools and techniques that facilitate in-
vestigations of computer crime.
(7) To administer a program of research, devel-
opment, testing, and demonstration to improve the
interoperability of voice and data public safety com-
munications.
(8) To serve on the Technical Support Working
Group of the Department of Defense, and on other
relevant interagency panels, as requested.
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(9) To develop, and disseminate to State and
local law enforcement agencies, technical assistance
and training materials for law enforcement per-
sonnel, including prosecutors.
(10) To operate the regional National Law En-
forcement and Corrections Technology Centers and,
to the extent necessary, establish additional centers
through a competitive process.
(11) To administer a program of acquisition,
research, development, and dissemination of ad-
vanced investigative analysis and forensic tools to as-
sist State and local law enforcement agencies in
combating cybercrime.
(12) To support research fellowships in support
of its mission.
(13) To serve as a clearinghouse for informa-
tion on law enforcement technologies.
(14) To represent the United States and State
and local law enforcement agencies, as requested, in
international activities concerning law enforcement
technology.
(15) To enter into contracts and cooperative
agreements and provide grants, which may require
in-kind or cash matches from the recipient, as nec-
essary to carry out its mission.
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(16) To carry out other duties assigned by the
Attorney General to accomplish the mission of the
Office.
(c) COMPETITION REQUIRED.—Except as otherwise
expressly provided by law, all research and development
carried out by or through the Office shall be carried out
on a competitive basis.
(d) INFORMATION FROM FEDERAL AGENCIES.—Fed-
eral agencies shall, upon request from the Office and in
accordance with Federal law, provide the Office with any
data, reports, or other information requested, unless com-
pliance with such request is otherwise prohibited by law.
(e) PUBLICATIONS.—Decisions concerning publica-
tions issued by the Office shall rest solely with the Direc-
tor of the Office.
(f) TRANSFER OF FUNDS.—The Office may transfer
funds to other Federal agencies or provide funding to non-
Federal entities through grants, cooperative agreements,
or contracts to carry out its duties under this section.
(g) ANNUAL REPORT.—The Director of the Office
shall include with the budget justification materials sub-
mitted to Congress in support of the Department of Jus-
tice budget for each fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31,
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United States Code) a report on the activities of the Of-
fice. Each such report shall include the following:
(1) For the period of 5 fiscal years beginning
with the fiscal year for which the budget is
submitted—
(A) the Director’s assessment of the needs
of Federal, State, and local law enforcement
agencies for assistance with respect to law en-
forcement technology and other matters con-
sistent with the mission of the Office; and
(B) a strategic plan for meeting such
needs of such law enforcement agencies.
(2) For the fiscal year preceding the fiscal year
for which such budget is submitted, a description of
the activities carried out by the Office and an eval-
uation of the extent to which those activities success-
fully meet the needs assessed under paragraph
(1)(A) in previous reports.
SEC. 203. DEFINITION OF LAW ENFORCEMENT TECH-
NOLOGY.
For the purposes of this title, the term ‘‘law enforce-
ment technology’’ includes investigative and forensic tech-
nologies, corrections technologies, and technologies that
support the judicial process.
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SEC. 204. ABOLISHMENT OF OFFICE OF SCIENCE AND
TECHNOLOGY OF NATIONAL INSTITUTE OF
JUSTICE; TRANSFER OF FUNCTIONS.
(a) TRANSFERS FROM OFFICE WITHIN NIJ.—The
Office of Science and Technology of the National Institute
of Justice is hereby abolished, and all functions and activi-
ties performed immediately before the date of the enact-
ment of this Act by the Office of Science and Technology
of the National Institute of Justice are hereby transferred
to the Office.
(b) AUTHORITY TO TRANSFER ADDITIONAL FUNC-
TIONS.—The Attorney General may transfer to the Office
any other program or activity of the Department of Jus-
tice that the Attorney General, in consultation with the
Committee on the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Representatives,
determines to be consistent with the mission of the Office.
(c) TRANSFER OF FUNDS.—
(1) IN GENERAL.—Any balance of appropria-
tions that the Attorney General determines is avail-
able and needed to finance or discharge a function,
power, or duty of the Office or a program or activity
that is transferred to the Office shall be transferred
to the Office and used for any purpose for which
those appropriations were originally available. Bal-
ances of appropriations so transferred shall—
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(A) be credited to any applicable appro-
priation account of the Office; or
(B) be credited to a new account that may
be established on the books of the Department
of the Treasury;
and shall be merged with the funds already credited
to that account and accounted for as one fund.
(2) LIMITATIONS.—Balances of appropriations
credited to an account under paragraph (1)(A) are
subject only to such limitations as are specifically
applicable to that account. Balances of appropria-
tions credited to an account under paragraph (1)(B)
are subject only to such limitations as are applicable
to the appropriations from which they are trans-
ferred.
(d) TRANSFER OF PERSONNEL AND ASSETS.—With
respect to any function, power, or duty, or any program
or activity, that is transferred to the Office, those employ-
ees and assets of the element of the Department of Justice
from which the transfer is made that the Attorney General
determines are needed to perform that function, power,
or duty, or for that program or activity, as the case may
be, shall be transferred to the Office.
(e) REPORT ON IMPLEMENTATION.—Not later than
1 year after the date of the enactment of this Act, the
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Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judici-
ary of the House of Representatives a report on the imple-
mentation of this title. The report shall—
(1) identify each transfer carried out pursuant
to subsection (b);
(2) provide an accounting of the amounts and
sources of funding available to the Office to carry
out its mission under existing authorizations and ap-
propriations, and set forth the future funding needs
of the Office;
(3) include such other information and rec-
ommendations as the Attorney General considers ap-
propriate.
SEC. 205. NATIONAL LAW ENFORCEMENT AND CORREC-
TIONS TECHNOLOGY CENTERS.
(a) IN GENERAL.—The Director of the Office shall
operate and support National Law Enforcement and Cor-
rections Technology Centers (hereinafter in this section
referred to as ‘‘Centers’’) and, to the extent necessary, es-
tablish new centers through a merit-based, competitive
process.
(b) PURPOSE
OF CENTERS.—The purpose of the
Centers shall be to—
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(1) support research and development of law
enforcement technology;
(2) support the transfer and implementation of
technology;
(3) assist in the development and dissemination
of guidelines and technological standards; and
(4) provide technology assistance, information,
and support for law enforcement, corrections, and
criminal justice purposes.
(c) ANNUAL MEETING.—Each year, the Director
shall convene a meeting of the Centers in order to foster
collaboration and communication between Center partici-
pants.
(d) REPORT.—Not later than 12 months after the
date of the enactment of this Act, the Director shall trans-
mit to the Congress a report assessing the effectiveness
of the existing system of Centers and identify the number
of Centers necessary to meet the technology needs of Fed-
eral, State, and local law enforcement in the United
States.
SEC. 206. COORDINATION WITH OTHER ENTITIES WITHIN
DEPARTMENT OF JUSTICE.
Section 102 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3712) is amended in sub-
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section (a)(5) by inserting ‘‘coordinate and’’ before ‘‘pro-
vide’’.
Passed the House of Representatives July 15, 2002.
Attest:
JEFF TRANDAHL,
Clerk.