[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3482 Referred in Senate (RFS)]

  2d Session
                                H. R. 3482


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2002

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
                   To provide greater cybersecurity.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cyber Security Enhancement Act of 
2002''.

                        TITLE I--COMPUTER CRIME

SEC. 101. AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN 
              COMPUTER CRIMES.

    (a) Directive to the United States Sentencing Commission.--Pursuant 
to its authority under section 994(p) of title 28, United States Code, 
and in accordance 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 offenses described 
        in subsection (a), the growing incidence 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--
                    (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 financial benefit;
                    (D) whether the defendant acted with malicious 
                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 computer used by 
                the government in furtherance of national defense, 
                national security, or the administration 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 guidelines;
            (4) account for any additional aggravating or mitigating 
        circumstances that might justify exceptions 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 Sentencing Commission 
shall submit a brief report to Congress that explains any actions taken 
by the Sentencing Commission in response to this Act and includes any 
recommendations the Commission may have regarding statutory 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
            (4) by inserting after paragraph (6) the following:
            ``(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 physical injury to any 
        person requires disclosure without delay of communications 
        relating to the emergency.''.
    (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 disclosed pertained, 
and the number of communications, if any, that were disclosed. The 
Attorney General shall publish 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--
            (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 reason 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 paragraph (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 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 ``, statutory 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 subparagraph (B) 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(C) an immediate threat to a national security 
                interest; or
                    ``(D) an ongoing attack on a protected computer (as 
                defined in section 1030) that constitutes a crime 
                punishable by a term of imprisonment greater than one 
                year;''.

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 paragraph (b).
    (b) Section 2701.--Section 2701(b) of title 18, United States Code, 
is amended--
            (1) 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'';
            (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 imprisonment 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 imprisonment for 
                not more than 5 years, or both, in the case of an 
                offense under this subparagraph that occurs after a 
                conviction of another offense under this section.''.
    (c) Presence of Officer at Service and Execution of Warrants for 
Communications and Customer Records.--Section 3105 of title 18, United 
States Code, is amended by adding at the end the following: ``The 
presence of an officer is not required for service or execution of a 
search warrant directed to a provider of electronic communication 
service or remote computing 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 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 independent of the National Institute of 
        Justice.
    (b) Director.--The Office shall be headed by a Director, who shall 
be an individual appointed based on approval by the Office of Personnel 
Management of the executive 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 assistance, improve the 
        safety and effectiveness of law enforcement technology and 
        improve access to such technology 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 Federal Advisory Committee 
        Act (5 U.S.C. App.)) to assess 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 Technology Transfer and 
        Advancement Act of 1995 (Public Law 104-113) for, and test and 
        evaluate 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 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, 
        allow for supplier's declaration of conformity with such 
        standards.
            (5) To work with other entities within the Department of 
        Justice, other Federal agencies, and the executive office of 
        the President to establish a coordinated Federal approach on 
        issues related to law enforcement technology.
            (6) To carry out research, development, testing, and 
        evaluation 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 information;
                    (E) wire and wireless interoperable communication 
                technologies;
                    (F) tools and techniques that facilitate 
                investigative and forensic work, including computer 
                forensics;
                    (G) equipment for particular use in 
                counterterrorism, including devices and technologies to 
                disable terrorist devices;
                    (H) guides to assist State and local law 
                enforcement agencies;
                    (I) DNA identification technologies; and
                    (J) tools and techniques that facilitate 
                investigations of computer crime.
            (7) To administer a program of research, development, 
        testing, and demonstration to improve the interoperability of 
        voice and data public safety communications.
            (8) To serve on the Technical Support Working Group of the 
        Department of Defense, and on other relevant 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 Enforcement 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 advanced investigative 
        analysis and forensic tools to assist 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 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 necessary to carry out its mission.
            (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.--Federal 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 compliance with such request is otherwise prohibited 
by law.
    (e) Publications.--Decisions concerning publications 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--
                    (A) the Director's assessment of the needs of 
                Federal, State, and local law enforcement agencies for 
                assistance with respect to law enforcement 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 evaluation of the extent to 
        which those activities successfully meet the needs assessed 
        under paragraph (1)(A) in previous reports.

SEC. 203. DEFINITION OF LAW ENFORCEMENT TECHNOLOGY.

    For the purposes of this title, the term ``law enforcement 
technology'' includes investigative and forensic technologies, 
corrections technologies, and technologies that support the judicial 
process.

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 activities performed immediately before the date 
of the enactment 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 Functions.--The Attorney 
General may transfer to the Office any other program or activity of the 
Department of Justice that the Attorney General, in consultation with 
the Committee on the Judiciary of the Senate and the Committee 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 appropriations that the 
        Attorney General determines is available 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. Balances of 
        appropriations so transferred shall--
                    (A) be credited to any applicable appropriation 
                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 appropriations credited to an account under 
        paragraph (1)(B) are subject only to such limitations as are 
        applicable to the appropriations from which they are 
        transferred.
    (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 employees 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 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) 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 appropriations, and set forth the 
        future funding needs of the Office;
            (3) include such other information and recommendations as 
        the Attorney General considers appropriate.

SEC. 205. NATIONAL LAW ENFORCEMENT AND CORRECTIONS TECHNOLOGY CENTERS.

    (a) In General.--The Director of the Office shall operate and 
support National Law Enforcement and Corrections Technology Centers 
(hereinafter in this section referred to as ``Centers'') and, to the 
extent necessary, establish new centers through a merit-based, 
competitive process.
    (b) Purpose of Centers.--The purpose of the Centers shall be to--
            (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 participants.
    (d) Report.--Not later than 12 months after the date of the 
enactment of this Act, the Director shall transmit 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 Federal, 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 subsection (a)(5) by inserting 
``coordinate and'' before ``provide''.

            Passed the House of Representatives July 15, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.