In the Senate of the United States,
December 15 (legislative day, September 22), 2000.
Resolved, That the bill from the House of Representa-
tives (H.R. 46) entitled ‘‘An Act to provide a national medal
for public safety officers who act with extraordinary valor
above and beyond the call of duty, to enhance computer crime
enforcement and Internet security, and for other purposes.’’,
do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
TITLE I—PUBLIC SAFETY MEDAL
OF VALOR
SECTION 101. SHORT TITLE.
This title may be cited as the ‘‘Public Safety Officer
Medal of Valor Act of 2000’’.
SEC. 102. AUTHORIZATION OF MEDAL.
After September 1, 2001, the President may award,
and present in the name of Congress, a Medal of Valor of
appropriate design, with ribbons and appurtenances, to a
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public safety officer who is cited by the Attorney General,
upon the recommendation of the Medal of Valor Review
Board, for extraordinary valor above and beyond the call
of duty. The Public Safety Medal of Valor shall be the high-
est national award for valor by a public safety officer.
SEC. 103. MEDAL OF VALOR BOARD.
(a) ESTABLISHMENT OF BOARD.—There is established
a Medal of Valor Review Board (hereinafter in this title
referred to as the ‘‘Board’’), which shall be composed of 11
members appointed in accordance with subsection (b) and
shall conduct its business in accordance with this title.
(b) MEMBERSHIP.—
(1) MEMBERS.—The members of the Board shall
be individuals with knowledge or expertise, whether
by experience or training, in the field of public safety,
of which—
(A) two shall be appointed by the majority
leader of the Senate;
(B) two shall be appointed by the minority
leader of the Senate;
(C) two shall be appointed by the Speaker
of the House of Representatives;
(D) two shall be appointed by the minority
leader of the House of Representatives; and
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(E) three shall be appointed by the Presi-
dent, including one with experience in fire-
fighting, one with experience in law enforcement,
and one with experience in emergency services.
(2) TERM.—The term of a Board member shall
be 4 years.
(3) VACANCIES.—Any vacancy in the member-
ship of the Board shall not affect the powers of the
Board and shall be filled in the same manner as the
original appointment.
(4) OPERATION OF THE BOARD.—
(A) CHAIRMAN.—The Chairman of the
Board shall be elected by the members of the
Board from among the members of the Board.
(B) MEETINGS.—The initial meeting of the
Board shall be conducted within 90 days of the
appointment of the last member of the Board.
Thereafter, the Board shall meet at the call of the
Chairman of the Board. The Board shall meet
not less often than twice each year.
(C) VOTING AND RULES.—A majority of the
members shall constitute a quorum to conduct
business, but the Board may establish a lesser
quorum for conducting hearings scheduled by the
Board. The Board may establish by majority
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vote any other rules for the conduct of the
Board’s business, if such rules are not incon-
sistent with this title or other applicable law.
(c) DUTIES.—The Board shall select candidates as re-
cipients of the Medal of Valor from among those applica-
tions received by the National Medal Office. Not more often
than once each year, the Board shall present to the Attorney
General the name or names of those it recommends as Medal
of Valor recipients. In a given year, the Board shall not
be required to select any recipients but may not select more
than 5 recipients. The Attorney General may in extraor-
dinary cases increase the number of recipients in a given
year. The Board shall set an annual timetable for fulfilling
its duties under this title.
(d) HEARINGS.—
(1) IN
GENERAL.—The Board may hold such
hearings, sit and act at such times and places, ad-
minister such oaths, take such testimony, and receive
such evidence as the Board considers advisable to
carry out its duties.
(2) WITNESS EXPENSES.—Witnesses requested to
appear before the Board may be paid the same fees
as are paid to witnesses under section 1821 of title
28, United States Code. The per diem and mileage al-
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lowances for witnesses shall be paid from funds ap-
propriated to the Board.
(e) INFORMATION FROM FEDERAL AGENCIES.—The
Board may secure directly from any Federal department
or agency such information as the Board considers nec-
essary to carry out its duties. Upon the request of the
Board, the head of such department or agency may furnish
such information to the Board.
(f) INFORMATION TO BE KEPT CONFIDENTIAL.—The
Board shall not disclose any information which may com-
promise an ongoing law enforcement investigation or is oth-
erwise required by law to be kept confidential.
SEC. 104. BOARD PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—(1) Except as pro-
vided in paragraph (2), each member of the Board shall
be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the
duties of the Board.
(2) All members of the Board who serve as officers or
employees of the United States, a State, or a local govern-
ment, shall serve without compensation in addition to that
received for those services.
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(b) TRAVEL EXPENSES.—The members of the Board
shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of service for the Board.
SEC. 105. DEFINITIONS.
In this title:
(1) PUBLIC SAFETY OFFICER.—The term ‘‘public
safety officer’’ means a person serving a public agen-
cy, with or without compensation, as a firefighter,
law enforcement officer, or emergency services officer,
as determined by the Attorney General. For the pur-
poses of this paragraph, the term ‘‘law enforcement
officer’’ includes a person who is a corrections or
court officer or a civil defense officer.
(2) STATE.—The term ‘‘State’’ means each of the
several States of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attor-
ney General such sums as may be necessary to carry out
this title.
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SEC. 107. NATIONAL MEDAL OF VALOR OFFICE.
There is established within the Department of Justice
a national medal of valor office. The office shall provide
staff support to the Board to establish criteria and proce-
dures for the submission of recommendations of nominees
for the Medal of Valor and for the final design of the Medal
of Valor.
SEC. 108. CONFORMING REPEAL.
Section 15 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2214) is amended—
(1) by striking subsection (a) and inserting the
following new subsection (a):
‘‘(a) ESTABLISHMENT.—There is hereby established an
honorary award for the recognition of outstanding and dis-
tinguished service by public safety officers to be known as
the Secretary’s Award For Distinguished Public Safety
Service (‘Secretary’s Award’).’’;
(2) in subsection (b)—
(A) by striking paragraph (1); and
(B) by striking ‘‘(2)’’;
(3) by striking subsections (c) and (d) and redes-
ignating subsections (e), (f), and (g) as subsections
(c), (d), and (e), respectively; and
(4) in subsection (c), as so redesignated—
(A) by striking paragraph (1); and
(B) by striking ‘‘(2)’’.
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SEC. 109. CONSULTATION REQUIREMENT.
The Board shall consult with the Institute of Heraldry
within the Department of Defense regarding the design and
artistry of the Medal of Valor. The Board may also consider
suggestions received by the Department of Justice regarding
the design of the medal, including those made by persons
not employed by the Department.
TITLE II—COMPUTER CRIME
ENFORCEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Computer Crime En-
forcement Act’’.
SEC. 202. STATE GRANT PROGRAM FOR TRAINING AND
PROSECUTION OF COMPUTER CRIMES.
(a) IN GENERAL.—Subject to the availability of
amounts provided in advance in appropriations Acts, the
Office of Justice Programs shall make a grant to each State,
which shall be used by the State, in conjunction with units
of local government, State and local courts, other States,
or combinations thereof, to—
(1) assist State and local law enforcement in en-
forcing State and local criminal laws relating to com-
puter crime;
(2) assist State and local law enforcement in
educating the public to prevent and identify computer
crime;
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(3) assist in educating and training State and
local law enforcement officers and prosecutors to con-
duct investigations and forensic analyses of evidence
and prosecutions of computer crime;
(4) assist State and local law enforcement offi-
cers and prosecutors in acquiring computer and other
equipment to conduct investigations and forensic
analysis of evidence of computer crimes; and
(5) facilitate and promote the sharing of Federal
law enforcement expertise and information about the
investigation, analysis, and prosecution of computer
crimes with State and local law enforcement officers
and prosecutors, including the use of multijuris-
dictional task forces.
(b) USE OF GRANT AMOUNTS.—Grants under this sec-
tion may be used to establish and develop programs to—
(1) assist State and local law enforcement in en-
forcing State and local criminal laws relating to com-
puter crime;
(2) assist State and local law enforcement in
educating the public to prevent and identify computer
crime;
(3) educate and train State and local law en-
forcement officers and prosecutors to conduct inves-
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tigations and forensic analyses of evidence and pros-
ecutions of computer crime;
(4) assist State and local law enforcement offi-
cers and prosecutors in acquiring computer and other
equipment to conduct investigations and forensic
analysis of evidence of computer crimes; and
(5) facilitate and promote the sharing of Federal
law enforcement expertise and information about the
investigation, analysis, and prosecution of computer
crimes with State and local law enforcement officers
and prosecutors, including the use of multijuris-
dictional task forces.
(c) ASSURANCES.—To be eligible to receive a grant
under this section, a State shall provide assurances to the
Attorney General that the State—
(1) has in effect laws that penalize computer
crime, such as penal laws prohibiting—
(A) fraudulent schemes executed by means
of a computer system or network;
(B) the unlawful damaging, destroying, al-
tering, deleting, removing of computer software,
or data contained in a computer, computer sys-
tem, computer program, or computer network; or
(C) the unlawful interference with the oper-
ation of or denial of access to a computer, com-
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puter program, computer system, or computer
network;
(2) an assessment of the State and local resource
needs, including criminal justice resources being de-
voted to the investigation and enforcement of com-
puter crime laws; and
(3) a plan for coordinating the programs funded
under this section with other federally funded tech-
nical assistant and training programs, including di-
rectly funded local programs such as the Local Law
Enforcement Block Grant program (described under
the heading ‘‘Violent Crime Reduction Programs,
State and Local Law Enforcement Assistance’’ of the
Departments of Commerce, Justice, and State, the Ju-
diciary, and Related Agencies Appropriations Act,
1998 (Public Law 105–119)).
(d) MATCHING FUNDS.—The Federal share of a grant
received under this section may not exceed 90 percent of
the costs of a program or proposal funded under this section
unless the Attorney General waives, wholly or in part, the
requirements of this subsection.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $25,000,000 for
each of fiscal years 2001 through 2004.
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(2) LIMITATIONS.—Of the amount made avail-
able to carry out this section in any fiscal year not
more than 3 percent may be used by the Attorney
General for salaries and administrative expenses.
(3) MINIMUM AMOUNT.—Unless all eligible ap-
plications submitted by any State or unit of local
government within such State for a grant under this
section have been funded, such State, together with
grantees within the State (other than Indian tribes),
shall be allocated in each fiscal year under this sec-
tion not less than 0.75 percent of the total amount
appropriated in the fiscal year for grants pursuant to
this section, except that the United States Virgin Is-
lands, American Samoa, Guam, and the Northern
Mariana Islands each shall be allocated 0.25 percent.
(f) GRANTS TO INDIAN TRIBES.—Notwithstanding any
other provision of this section, the Attorney General may
use amounts made available under this section to make
grants to Indian tribes for use in accordance with this sec-
tion.
TITLE III—INTERNET SECURITY
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Internet Security Act
of 2000’’.
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SEC. 302. DEPUTY ASSISTANT ATTORNEY GENERAL FOR
COMPUTER CRIME AND INTELLECTUAL PROP-
ERTY.
(a) ESTABLISHMENT OF POSITION.—(1) Chapter 31 of
title 28, United States Code, is amended by inserting after
section 507 the following new section:
‘‘§ 507a. Deputy Assistant Attorney General for Com-
puter Crime and Intellectual Property
‘‘(a) The Attorney General shall appoint a Deputy As-
sistant Attorney General for Computer Crime and Intellec-
tual Property.
‘‘(b) The Deputy Assistant Attorney General shall be
the head of the Computer Crime and Intellectual Property
Section (CCIPS) of the Department of Justice.
‘‘(c) The duties of the Deputy Assistant Attorney Gen-
eral shall include the following:
‘‘(1) To advise Federal prosecutors and law en-
forcement personnel regarding computer crime and
intellectual property crime.
‘‘(2) To coordinate national and international
law enforcement activities relating to combatting
computer crime.
‘‘(3) To provide guidance and assistance to Fed-
eral, State, and local law enforcement agencies and
personnel, and appropriate foreign entities, regarding
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responses to threats of computer crime and cyber-ter-
rorism.
‘‘(4) To serve as the liaison of the Attorney Gen-
eral to the National Infrastructure Protection Center
(NIPC), the Department of Defense, the National Se-
curity Agency, and the Central Intelligence Agency on
matters relating to computer crime.
‘‘(5) To coordinate training for Federal, State,
and local prosecutors and law enforcement personnel
on laws pertaining to computer crime.
‘‘(6) To propose and comment upon legislation
concerning computer crime, intellectual property
crime, encryption, electronic privacy, and electronic
commerce, and concerning the search and seizure of
computers.
‘‘(7) Such other duties as the Attorney General
may require, including duties carried out by the head
of the Computer Crime and Intellectual Property Sec-
tion of the Department of Justice as of the date of the
enactment of the Internet Security Act of 2000.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
507 the following new item:
‘‘507a. Deputy Assistant Attorney General for Computer Crime and Intellectual
Property.’’.
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(b) FIRST APPOINTMENT TO POSITION OF DEPUTY AS-
SISTANT ATTORNEY GENERAL.—(1) The individual who
holds the position of head of the Computer Crime and Intel-
lectual Property Section (CCIPS) of the Department of Jus-
tice as of the date of the enactment of this title shall act
as the Deputy Assistant Attorney General for Computer
Crime and Intellectual Property under section 507a of title
28, United States Code, until the Attorney General appoints
an individual to hold the position of Deputy Assistant At-
torney General for Computer Crime and Intellectual Prop-
erty under that section.
(2) The individual first appointed as Deputy Assistant
Attorney General for Computer Crime and Intellectual
Property after the date of the enactment of this title may
be the individual who holds the position of head of the Com-
puter Crime and Intellectual Property Section of the De-
partment of Justice as of that date.
(c) 
AUTHORIZATION
OF
APPROPRIATIONS
FOR
CCIPS.—There is hereby authorized to be appropriated for
the Department of Justice for fiscal year 2001, $5,000,000
for the Computer Crime and Intellectual Property Section
of the Department for purposes of the discharge of the duties
of the Deputy Assistant Attorney General for Computer
Crime and Intellectual Property under section 507a of title
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28, United States Code (as so added), during that fiscal
year.
SEC. 303. DETERRENCE AND PREVENTION OF FRAUD,
ABUSE, AND CRIMINAL ACTS IN CONNECTION
WITH COMPUTERS.
(a) CLARIFICATION OF PROTECTION OF PROTECTED
COMPUTERS.—Subsection (a)(5) of section 1030 of title 18,
United States Code, is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(A)’’;
(2) by redesignated subparagraphs (B) and (C)
as clauses (ii) and (iii), respectively, of subparagraph
(A);
(3) by adding ‘‘and’’ at the end of clause (iii),
as so redesignated; and
(4) by adding at the end the following new sub-
paragraph:
‘‘(B) whose conduct described in clause (i), (ii),
or (iii) of subparagraph (A) 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 (including loss resulting from a re-
lated course of conduct affecting 1 or more other
protected computers) aggregating at least $5,000
in value;
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under this subparagraph,’’ after ‘‘subsection
(a)(2),’’ in the matter preceding clause (i); and
(C) in subparagraph (C), by striking ‘‘and’’
at the end;
(2) in paragraph (3)—
(A) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’
both places it appears; and
(B) by striking ‘‘(a)(5)(C)’’ and inserting
‘‘(a)(5)(A)(iii)’’; and
(3) by adding at the end the following new para-
graph:
‘‘(4)(A) a fine under this title, imprisonment for
not more than 10 years, or both, in the case of an of-
fense under subsection (a)(5)(A)(i), or an attempt to
commit an offense punishable under this subpara-
graph;
‘‘(B) a fine under this title, imprisonment for
not more than 5 years, or both, in the case of an of-
fense under subsection (a)(5)(A)(ii), or an attempt to
commit an offense punishable under this subpara-
graph; and
‘‘(C) a fine under this title, imprisonment for
not more than 20 years, or both, in the case of an of-
fense under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or
an attempt to commit an offense punishable under
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this subparagraph, that occurs after a conviction for
another offense under this section.’’.
(d) DEFINITIONS.—Subsection (e) of that section is
amended—
(1) in paragraph (2)(B), by inserting ‘‘, includ-
ing a computer located outside the United States that
is used in a manner that affects interstate or foreign
commerce or communication of the United States’’ be-
fore the semicolon;
(2) in paragraph (7), by striking ‘‘and’’ at the
end;
(3) by striking paragraph (8) and inserting the
following new paragraph (8):
‘‘(8) the term ‘damage’ means any impairment
to the integrity or availability of data, a program, a
system, or information;’’
(4) in paragraph (9), by striking the period at
the end and inserting a semicolon; and
(5) by adding at the end the following new para-
graphs:
‘‘(10) the term ‘conviction’ shall include a con-
viction under the law of any State for a crime pun-
ishable by imprisonment for more than 1 year, an ele-
ment of which is unauthorized access, or exceeding
authorized access, to a computer;
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‘‘(11) the term ‘loss’ means any reasonable cost
to any victim, including the cost of responding to an
offense, conducting a damage assessment, and restor-
ing the data, program, system, or information to its
condition prior to the offense, and any revenue lost,
cost incurred, or other consequential damages in-
curred because of interruption of service; and
‘‘(12) the term ‘person’ means any individual,
firm, corporation, educational institution, financial
institution, governmental entity, or legal or other en-
tity.’’.
(e) DAMAGES IN CIVIL ACTIONS.—Subsection (g) of
that section is amended—
(1) by striking the second sentence and inserting
the following new sentences: ‘‘A suit for a violation of
this section may be brought only if the conduct in-
volves one of the factors enumerated in clauses (i)
through (v) of subsection (a)(5)(B). Damages for a
violation involving only conduct described in sub-
section (a)(5)(B)(i) are limited to economic dam-
ages.’’; and
(2) by adding at the end the following new sen-
tence: ‘‘No action may be brought under this sub-
section for the negligent design or manufacture of
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computer 
hardware, 
computer 
software, 
or
firmware.’’.
SEC. 304. CRIMINAL FORFEITURE FOR COMPUTER FRAUD
AND ABUSE.
Section 1030 of title 18, United States Code, as amend-
ed by section 303 of this Act, is further amended—
(1) by redesignating subsection (h) as subsection
(i); and
(2) by inserting after subsection (g) the following
new subsection (h):
‘‘(h)(1) The court, in imposing sentence on any person
convicted of a violation of this section, shall order, in addi-
tion to any other sentence imposed and irrespective of any
provision of State law, that such person forfeit to the United
States—
‘‘(A) the interest of such person in any personal
property that was used or intended to be used to com-
mit or to facilitate the commission of such violation;
and
‘‘(B) any property, whether real or personal,
constituting or derived from any proceeds that such
person obtained, whether 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 ad-
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ministrative or judicial proceeding relating thereto, shall
be governed by the provisions of section 413 of the Com-
prehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 853), except subsection (d) of that section.’’.
SEC. 305. ENHANCED COORDINATION OF FEDERAL AGEN-
CIES.
Subsection (d) of section 1030 of title 18, United States
Code, is amended to read as follows:
‘‘(d)(1) The United States Secret Service shall, in ad-
dition to any other agency having such authority, have the
authority to investigate offenses under this section relating
to its jurisdiction under section 3056 of this title and other
statutory authorities. Such authority of the United States
Secret Service shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of
the Treasury and the Attorney General.
‘‘(2) The Federal Bureau of Investigation shall have
primary authority to investigate offenses under subsection
(a)(1) for any cases involving espionage, foreign counter-
intelligence, information protected against unauthorized
disclosure for reasons of national defense or foreign rela-
tions, or Restricted Data (as that term is defined in section
11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)),
except for offenses affecting the duties of the United States
Secret Service pursuant to section 3056(a) of this title.’’.
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SEC. 306. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELAT-
ING TO PRESERVING RECORDS IN RESPONSE
TO GOVERNMENT REQUESTS.
Section 2707(e)(1) of title 18, United States Code, is
amended by inserting after ‘‘or statutory authorization’’ the
following: ‘‘(including a request of a governmental entity
under section 2703(f) of this title)’’.
SEC. 307. FORFEITURE OF DEVICES USED IN COMPUTER
SOFTWARE COUNTERFEITING AND INTELLEC-
TUAL PROPERTY THEFT.
(a) IN GENERAL.—Section 2318(d) of title 18, United
States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘When’’;
(2) in paragraph (1), as so designated, by insert-
ing ‘‘, and of any replicator or other device or thing
used to copy or produce the computer program or
other item to which the counterfeit labels have been af-
fixed or which were intended to have had such labels
affixed’’ before the period; and
(3) by adding at the end the following:
‘‘(2) The forfeiture of property under this section, in-
cluding any seizure and disposition of the property, and
any related judicial or administrative proceeding, shall be
governed by the provisions of section 413 (other than sub-
section (d) of that section) of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 853).’’.
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(b) CONFORMING AMENDMENT.—Section 492 of such
title is amended in the first undesignated paragraph by
striking ‘‘or 1720,’’ and inserting ‘‘, 1720, or 2318’’.
SEC. 
308. 
SENTENCING 
DIRECTIVES 
FOR 
COMPUTER
CRIMES.
(a) AMENDMENT OF SENTENCING GUIDELINES RELAT-
ING TO CERTAIN COMPUTER CRIMES.—Pursuant to its au-
thority under section 994(p) of title 28, United States Code,
the United States Sentencing Commission shall amend the
Federal sentencing guidelines and, if appropriate, shall
promulgate guidelines or policy statements or amend exist-
ing policy statements to address—
(1) the potential and actual loss resulting from
an offense under section 1030 of title 18, United
States Code (as amended by this title);
(2) the level of sophistication and planning in-
volved in such an offense;
(3) the growing incidence of offenses under such
subsections and the need to provide an effective deter-
rent against such offenses;
(4) whether or not such an offense was com-
mitted for purposes of commercial advantage or pri-
vate financial benefit;
(5) whether or not the defendant involved a juve-
nile in the commission of such an offense;
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(6) whether or not the defendant acted with ma-
licious intent to cause harm in committing such an
offense;
(7) the extent to which such an offense violated
the privacy rights of individuals harmed by the of-
fense; and
(8) any other factor the Commission considers
appropriate in connection with any amendments
made by this title with regard to such subsections.
(b) AMENDMENT OF SENTENCING GUIDELINES RELAT-
ING TO CERTAIN COMPUTER FRAUD AND ABUSE.—Pursu-
ant to its authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commission
shall amend the Federal sentencing guidelines to ensure that
any individual convicted of a violation of section
1030(a)(5)(A)(ii) or 1030(a)(5)(A)(iii) of title 18, United
States Code (as amended by section 303 of this Act), can
be subjected to appropriate penalties, without regard to any
mandatory minimum term of imprisonment.
(c) AMENDMENT OF SENTENCING GUIDELINES RELAT-
ING TO USE OF ENCRYPTION.—Pursuant to its authority
under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall amend the Fed-
eral sentencing guidelines and, if appropriate, shall pro-
mulgate guidelines or policy statements or amend existing
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policy statements to ensure that the guidelines provide suffi-
ciently stringent penalties to deter and punish persons who
intentionally use encryption in connection with the com-
mission or concealment of criminal acts sentenced under the
guidelines.
(d) EMERGENCY AUTHORITY.—The Commission may
promulgate the guidelines or amendments provided for
under this section in accordance with the procedures set
forth in section 21(a) of the Sentencing Act of 1987, as
though the authority under that Act had not expired.
SEC. 309. ASSISTANCE TO FEDERAL, STATE, AND LOCAL
COMPUTER CRIME ENFORCEMENT AND ES-
TABLISHMENT OF NATIONAL CYBER CRIME
TECHNICAL SUPPORT CENTER.
(a) NATIONAL CYBER CRIME TECHNICAL SUPPORT
CENTER.—
(1) CONSTRUCTION REQUIRED.—The Director of
the Federal Bureau of Investigation shall provide for
the construction and equipping of the technical sup-
port center of the Federal Bureau of Investigation re-
ferred to in section 811(a)(1)(A) of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law
104–132; 110 Stat. 1312; 28 U.S.C. 531 note).
(2) NAMING.—The technical support center con-
structed and equipped under paragraph (1) shall be
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known as the ‘‘National Cyber Crime Technical Sup-
port Center’’.
(3) FUNCTIONS.—In addition to any other au-
thorized functions, the functions of the National Cyber
Crime Technical Support Center shall be—
(A) to serve as a centralized technical re-
source for Federal, State, and local law enforce-
ment and to provide technical assistance in the
investigation of computer-related criminal ac-
tivities;
(B) to assist Federal, State, and local law
enforcement in enforcing Federal, State, and
local criminal laws relating to computer-related
crime;
(C) to provide training and education for
Federal, State, and local law enforcement per-
sonnel regarding investigative technologies and
forensic analyses pertaining to computer-related
crime;
(D) to conduct research and to develop tech-
nologies for assistance in investigations and fo-
rensic analyses of evidence related to computer-
related crimes;
(E) to facilitate and promote efficiencies in
the sharing of Federal law enforcement expertise,
HR 46 EAS
investigative technologies, and forensic analysis
pertaining to computer-related crime with State
and local law enforcement personnel, prosecutors,
regional computer forensic laboratories, and
multijurisdictional computer crime task forces;
and
(F) to carry out such other activities as the
Director considers appropriate.
(b) DEVELOPMENT AND SUPPORT OF COMPUTER FO-
RENSIC ACTIVITIES.—The Director shall, in consultation
with the heads of other Federal law enforcement agencies,
take appropriate actions to develop at least 10 regional
computer forensic laboratories, and to provide support, edu-
cation, and assistance for existing computer forensic labora-
tories, in order that such computer forensic laboratories
have the capability—
(1) to provide forensic examinations with
respect to seized or intercepted computer evidence
relating to criminal activity;
(2) to provide training and education for
Federal, State, and local law enforcement per-
sonnel and prosecutors regarding investigations,
forensic analyses, and prosecutions of computer-
related crime;