[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 46 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                     December 15 (legislative day, September 22), 2000.
    Resolved, That the bill from the House of Representatives (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 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 highest 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
                    (E) three shall be appointed by the President, 
                including one with experience in firefighting, 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 membership 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 vote any other rules for the 
                conduct of the Board's business, if such rules are not 
                inconsistent with this title or other applicable law.
    (c) Duties.--The Board shall select candidates as recipients of the 
Medal of Valor from among those applications 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 extraordinary 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, administer 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 allowances for witnesses shall be paid from 
        funds appropriated 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 necessary 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 compromise an ongoing law 
enforcement investigation or is otherwise required by law to be kept 
confidential.

SEC. 104. BOARD PERSONNEL MATTERS.

    (a) Compensation of Members.--(1) Except as provided 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 government, shall serve without 
compensation in addition to that received for those services.
    (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 agency, with or 
        without compensation, as a firefighter, law enforcement 
        officer, or emergency services officer, as determined by the 
        Attorney General. For the purposes 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 Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Attorney General 
such sums as may be necessary to carry out this title.

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 procedures 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 distinguished 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 redesignating 
        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)''.

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 Enforcement 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 enforcing 
        State and local criminal laws relating to computer crime;
            (2) assist State and local law enforcement in educating the 
        public to prevent and identify computer crime;
            (3) assist in educating and training State and local law 
        enforcement officers and prosecutors to conduct investigations 
        and forensic analyses of evidence and prosecutions of computer 
        crime;
            (4) assist State and local law enforcement officers 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 multijurisdictional task forces.
    (b) Use of Grant Amounts.--Grants under this section may be used to 
establish and develop programs to--
            (1) assist State and local law enforcement in enforcing 
        State and local criminal laws relating to computer 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 enforcement 
        officers and prosecutors to conduct investigations and forensic 
        analyses of evidence and prosecutions of computer crime;
            (4) assist State and local law enforcement officers 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 multijurisdictional 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, altering, 
                deleting, removing of computer software, or data 
                contained in a computer, computer system, computer 
                program, or computer network; or
                    (C) the unlawful interference with the operation of 
                or denial of access to a computer, computer program, 
                computer system, or computer network;
            (2) an assessment of the State and local resource needs, 
        including criminal justice resources being devoted to the 
        investigation and enforcement of computer crime laws; and
            (3) a plan for coordinating the programs funded under this 
        section with other federally funded technical assistant and 
        training programs, including directly 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 Judiciary, 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 appropriated to 
        carry out this section $25,000,000 for each of fiscal years 
        2001 through 2004.
            (2) Limitations.--Of the amount made available 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 applications 
        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 section 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 Islands, 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 section.

                      TITLE III--INTERNET SECURITY

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Internet Security Act of 2000''.

SEC. 302. DEPUTY ASSISTANT ATTORNEY GENERAL FOR COMPUTER CRIME AND 
              INTELLECTUAL PROPERTY.

    (a) Establishment of Position.--(1) Chapter 31 of title 28, United 
States Code, is amended by inserting after section 507 the following 
new section:
``Sec. 507a. Deputy Assistant Attorney General for Computer Crime and 
              Intellectual Property
    ``(a) The Attorney General shall appoint a Deputy Assistant 
Attorney General for Computer Crime and Intellectual 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 General shall 
include the following:
            ``(1) To advise Federal prosecutors and law enforcement 
        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 Federal, State, 
        and local law enforcement agencies and personnel, and 
        appropriate foreign entities, regarding responses to threats of 
        computer crime and cyber-terrorism.
            ``(4) To serve as the liaison of the Attorney General to 
        the National Infrastructure Protection Center (NIPC), the 
        Department of Defense, the National Security 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 Section 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 chapter 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.''.
    (b) First Appointment to Position of Deputy Assistant Attorney 
General.--(1) The individual who holds the position of head of the 
Computer Crime and Intellectual Property Section (CCIPS) of the 
Department of Justice 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 Attorney General for Computer Crime and 
Intellectual Property 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 Computer Crime and Intellectual Property 
Section of the Department 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 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 subparagraph:
            ``(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 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; or
                    ``(v) damage affecting a computer system used by or 
                for a government entity in furtherance of the 
                administration of justice, national defense, or 
                national security;''.
    (b) Protection from Extortion.--Subsection (a)(7) of that section 
is amended by striking ``, firm, association, educational institution, 
financial institution, governmental entity, or other legal entity,''.
    (c) Penalties.--Subsection (c) of that section is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``except as provided in 
                        subparagraph (B),'' before ``a fine'';
                            (ii) by striking ``(a)(5)(C)'' and 
                        inserting ``(a)(5)(A)(iii)''; and
                            (iii) by striking ``and'' at the end;
                    (B) in subparagraph (B), by inserting ``or an 
                attempt to commit an offense punishable 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 paragraph:
            ``(4)(A) a fine under this title, imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(5)(A)(i), or an attempt to commit an offense 
        punishable under this subparagraph;
            ``(B) a fine under this title, imprisonment for not more 
        than 5 years, or both, in the case of an offense under 
        subsection (a)(5)(A)(ii), or an attempt to commit an offense 
        punishable under this subparagraph; and
            ``(C) a fine under this title, imprisonment for not more 
        than 20 years, or both, in the case of an offense under 
        subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to 
        commit an offense punishable under 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 ``, including 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'' before 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 paragraphs:
            ``(10) the term `conviction' shall include a conviction 
        under the law of any State for a crime punishable by 
        imprisonment for more than 1 year, an element of which is 
        unauthorized access, or exceeding authorized access, to a 
        computer;
            ``(11) the term `loss' means any reasonable cost to any 
        victim, including the cost of responding to an offense, 
        conducting a damage assessment, and restoring the data, 
        program, system, or information to its condition prior to the 
        offense, and any revenue lost, cost incurred, or other 
        consequential damages incurred 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 entity.''.
    (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 involves one of the 
        factors enumerated in clauses (i) through (v) of subsection 
        (a)(5)(B). Damages for a violation involving only conduct 
        described in subsection (a)(5)(B)(i) are limited to economic 
        damages.''; and
            (2) by adding at the end the following new sentence: ``No 
        action may be brought under this subsection for the negligent 
        design or manufacture of computer hardware, computer software, 
        or firmware.''.

SEC. 304. CRIMINAL FORFEITURE FOR COMPUTER FRAUD AND ABUSE.

    Section 1030 of title 18, United States Code, as amended 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 addition 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 commit 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 administrative or judicial 
proceeding relating 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.''.

SEC. 305. ENHANCED COORDINATION OF FEDERAL AGENCIES.

    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 addition 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 counterintelligence, information protected 
against unauthorized disclosure for reasons of national defense or 
foreign relations, 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.''.

SEC. 306. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING 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 INTELLECTUAL 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 inserting ``, 
        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 affixed 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, including 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 subsection (d) of that section) of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 
853).''.
    (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 Relating to Certain Computer 
Crimes.--Pursuant to its authority 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 existing 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 involved in 
        such an offense;
            (3) the growing incidence of offenses under such 
        subsections and the need to provide an effective deterrent 
        against such offenses;
            (4) whether or not such an offense was committed for 
        purposes of commercial advantage or private financial benefit;
            (5) whether or not the defendant involved a juvenile in the 
        commission of such an offense;
            (6) whether or not the defendant acted with malicious 
        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 offense; 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 Relating to Certain Computer 
Fraud and Abuse.--Pursuant 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 Relating 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 Federal sentencing guidelines and, if appropriate, shall 
promulgate guidelines or policy statements or amend existing policy 
statements to ensure that the guidelines provide sufficiently stringent 
penalties to deter and punish persons who intentionally use encryption 
in connection with the commission 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 ESTABLISHMENT 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 support center of the Federal Bureau 
        of Investigation referred 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 constructed and 
        equipped under paragraph (1) shall be known as the ``National 
        Cyber Crime Technical Support Center''.
            (3) Functions.--In addition to any other authorized 
        functions, the functions of the National Cyber Crime Technical 
        Support Center shall be--
                    (A) to serve as a centralized technical resource 
                for Federal, State, and local law enforcement and to 
                provide technical assistance in the investigation of 
                computer-related criminal activities;
                    (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 personnel regarding 
                investigative technologies and forensic analyses 
                pertaining to computer-related crime;
                    (D) to conduct research and to develop technologies 
                for assistance in investigations and forensic analyses 
                of evidence related to computer-related crimes;
                    (E) to facilitate and promote efficiencies in the 
                sharing of Federal law enforcement expertise, 
                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 Forensic 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, 
education, and assistance for existing computer forensic laboratories, 
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 personnel and 
                prosecutors regarding investigations, forensic 
                analyses, and prosecutions of computer-related crime;
                    (3) to assist Federal, State, and local law 
                enforcement in enforcing Federal, State, and local 
                criminal laws relating to computer-related crime;
                    (4) to facilitate and promote the sharing of 
                Federal law enforcement expertise and information about 
                the investigation, analysis, and prosecution of 
                computer-related crime with State and local law 
                enforcement personnel and prosecutors, including the 
                use of multijurisdictional task forces; and
                    (5) to carry out such other activities as the 
                Attorney General considers appropriate.
    (c) Authorization of Appropriations.--
            (1) Authorization.--There is hereby authorized to be 
        appropriated for fiscal year 2001, $100,000,000 for purposes of 
        carrying out this section, of which $20,000,000 shall be 
        available solely for activities under subsection (b).
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations in paragraph (1) shall remain 
        available until expended.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                H. R. 46

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                               AMENDMENT

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