[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3482 Reported in House (RH)]
Union Calendar No. 297
107th CONGRESS
2d Session
H. R. 3482
[Report No. 107-497]
To provide greater cybersecurity.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 13, 2001
Mr. Smith of Texas (for himself and Mr. Boehlert) introduced the
following bill; which was referred to the Committee on the Judiciary
June 11, 2002
Additional sponsors: Mr. Goodlatte, Mr. Inslee, Mr. Brady of Texas, Ms.
Hart, Mr. Forbes, Mr. English, Mr. Oxley, Mr. Grucci, Mr. Sam Johnson
of Texas, Mr. Green of Wisconsin, Mr. Issa, Mr. Cunningham, Mr. Weller,
Mr. Calvert, Mr. Combest, Mr. Gekas, Ms. Jackson-Lee of Texas, Mr.
Sessions, Mr. Gallegly, Mr. Schiff, Mr. Duncan, Mr. Rodriguez, Mr.
Norwood, and Mr. Blunt
June 11, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
December 13, 2001]
_______________________________________________________________________
A BILL
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. NATIONAL INFRASTRUCTURE PROTECTION CENTER.
(a) In General.--The Attorney General shall establish and maintain
a National Infrastructure Protection Center (hereinafter in this
section referred to as the ``Center'') to serve as a national focal
point for threat assessment, warning, investigation, and response to
attacks on the Nation's critical infrastructure for both physical and
cyber sources.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2003 to carry out this section,
$125,000,000.
SEC. 105. 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. 106. 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. 107. 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. 108. 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. 109. 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
warrant under section 2703 when the provider of electronic
communications service or remote computing service produces the
information required in the warrant.''.
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 used by the
Office in accordance with the National Technology Transfer and
Advancement Act of 1995 (Public Law 104-113), which may, in the
discretion of the Office, allow for supplier 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''.
Union Calendar No. 297
107th CONGRESS
2d Session
H. R. 3482
[Report No. 107-497]
_______________________________________________________________________
A BILL
To provide greater cybersecurity.
_______________________________________________________________________
June 11, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed