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(f) INTERNET ADVERTISING OF ILLEGAL DEVICES.—
Section 2512(1)(c) of title 18, United States Code, is
amended—
(1) by inserting ‘‘or disseminates by electronic
means’’ after ‘‘or other publication’’; and
(2) by inserting ‘‘knowing the content of the ad-
vertisement and’’ before ‘‘knowing or having reason to
know’’.
(g) 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) in paragraph (4)(C), by striking the period
at the end 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
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violation of subsection (a)(5)(A)(i), a fine under this
title or imprisonment for any term of years or for
life, or both.’’.
(h) PROVIDER ASSISTANCE.—
(1) SECTION 2703.—Section 2703(e) of title 18,
United States Code, is amended by inserting ‘‘, statu-
tory authorization’’ after ‘‘subpoena’’.
(2) SECTION 2511.—Section 2511(2)(a)(ii) of title
18, United States Code, is amended by inserting ‘‘,
statutory authorization,’’ after ‘‘court order’’ the last
place it appears.
(i) EMERGENCIES.—Section 3125(a)(1) of title 18,
United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the
end;
(2) in subparagraph (B), by striking the comma
at the end 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 com-
puter (as defined in section 1030) that con-
stitutes a crime punishable by a term of impris-
onment greater than one year;’’.
(j) PROTECTING PRIVACY.—
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(1) SECTION 2511.—Section 2511(4) of title 18,
United States Code, is amended—
(A) by striking paragraph (b); and
(B) by redesignating paragraph (c) as
paragraph (b).
(2) SECTION 2701.—Section 2701(b) of title 18,
United States Code, is amended—
(A) in paragraph (1), by inserting ‘‘, or in
furtherance of any criminal or tortious act in
violation of the Constitution or laws of the
United States or any State’’ after ‘‘commercial
gain’’;
(B) in paragraph (1)(A), by striking ‘‘one
year’’ and inserting ‘‘5 years’’;
(C) in paragraph (1)(B), by striking ‘‘two
years’’ and inserting ‘‘10 years’’; and
(D) by striking paragraph (2) and insert-
ing the following:
‘‘(2) in any other case—
‘‘(A) a fine under this title or imprisonment
for not more than 1 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.’’.
Subtitle D—Office of Science and
Technology
SEC. 231. 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 referred 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 established
within the National Institute of Justice.
(b) DIRECTOR.—The Office shall be headed by a Direc-
tor, who shall be an individual appointed based on ap-
proval by the Office of Personnel Management of the execu-
tive qualifications of the individual.
SEC. 232. 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 pro-
vision of equipment, training, and technical assist-
ance, improve the safety and effectiveness of law en-
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forcement technology and improve access to such tech-
nology by Federal, State, and local law enforcement
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 Fed-
eral Advisory Committee Act (5 U.S.C. App.)) to as-
sess the law enforcement technology needs of Federal,
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 (Pub-
lic Law 104–113) for, and test and evaluate law en-
forcement technologies that may be used by, Federal,
State, and local law enforcement agencies.
(4) To establish and maintain a program to cer-
tify, validate, and mark or otherwise recognize law
enforcement technology products that conform to
standards established and maintained by the Office 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,
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allow for supplier’s declaration of conformity 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 coordi-
nated Federal approach on issues related to law en-
forcement technology.
(6) To carry out research, development, testing,
evaluation, and cost-benefit analyses in fields that
would improve the safety, 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;
(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 commu-
nication technologies;
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(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 rel-
evant interagency panels, as requested.
(9) To develop, and disseminate to State and
local law enforcement agencies, technical assistance
and training materials for law enforcement personnel,
including prosecutors.
(10) To operate the regional National Law En-
forcement and Corrections Technology Centers and, to
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the extent necessary, establish additional centers
through a competitive process.
(11) To administer a program of acquisition, re-
search, development, and dissemination of advanced
investigative analysis and forensic tools to assist
State and local law enforcement agencies in com-
bating cybercrime.
(12) To support research fellowships in support
of its mission.
(13) To serve as a clearinghouse for information
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.
(16) To carry out other duties assigned by the
Attorney General to accomplish the mission of the Of-
fice.
(c) COMPETITION REQUIRED.—Except as otherwise ex-
pressly provided by law, all research and development car-
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ried 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 ac-
cordance with Federal law, provide the Office with any
data, reports, or other information requested, unless compli-
ance with such request is otherwise prohibited by law.
(e) PUBLICATIONS.—Decisions concerning publica-
tions issued by the Office shall rest solely with the Director
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 submitted to
Congress in support of the Department of Justice budget
for each fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) a report on the activities of the Office. 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—
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(A) the Director’s assessment of the needs of
Federal, State, and local law enforcement agen-
cies for assistance with respect to law enforce-
ment technology and other matters consistent
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 evalua-
tion of the extent to which those activities successfully
meet the needs assessed under paragraph (1)(A) in
previous reports.
SEC. 233. 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 sup-
port the judicial process.
SEC. 234. ABOLISHMENT OF OFFICE OF SCIENCE AND TECH-
NOLOGY OF NATIONAL INSTITUTE OF JUS-
TICE; TRANSFER OF FUNCTIONS.
(a) AUTHORITY TO TRANSFER FUNCTIONS.—The At-
torney General may transfer to the Office any other pro-
gram or activity of the Department of Justice that the At-
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torney General, in consultation with the Committee on the
Judiciary of the Senate and the Committee on the Judici-
ary of the House of Representatives, determines to be con-
sistent with the mission of the Office.
(b) TRANSFER OF PERSONNEL AND ASSETS.—With re-
spect to any function, power, or duty, or any program or
activity, that is established in the Office, those employees
and assets of the element of the Department of Justice from
which the transfer is made that the Attorney General deter-
mines 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.
(c) REPORT ON IMPLEMENTATION.—Not later than 1
year after the date of the enactment of this Act, the Attorney
General shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House
of Representatives a report on the implementation of this
title. The report shall—
(1) provide an accounting of the amounts and
sources of funding available to the Office to carry out
its mission under existing authorizations and appro-
priations, and set forth the future funding needs of
the Office; and
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(2) include such other information and rec-
ommendations as the Attorney General considers ap-
propriate.
SEC. 235. NATIONAL LAW ENFORCEMENT AND CORREC-
TIONS TECHNOLOGY CENTERS.
(a) IN GENERAL.—The Director of the Office shall op-
erate and support National Law Enforcement and Correc-
tions Technology Centers (hereinafter in this section re-
ferred to as ‘‘Centers’’) and, to the extent necessary, estab-
lish new centers through a merit-based, competitive process.
(b) PURPOSE OF CENTERS.—The purpose of the Cen-
ters shall be to—
(1) support research and development of law en-
forcement 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 collabora-
tion and communication between Center participants.