Authorizing Legislation

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§ 145. Cyber Security Enhancement Act of 2002
(a) Short title
This section may be cited as the ‘‘Cyber Security Enhancement Act of 2002’’.
(b) Amendment of sentencing guidelines relating
to certain computer crimes
(1) Directive to the United States Sentencing
Commission
Pursuant to its authority under section
994(p) of title 28 and in accordance with this
subsection, 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.
(2) Requirements
In carrying out this subsection, the Sentencing Commission shall—
(A) ensure that the sentencing guidelines
and policy statements reflect the serious nature of the offenses described in paragraph
(1), the growing incidence of such offenses,
and the need for an effective deterrent and
appropriate punishment to prevent such offenses;
(B) consider the following factors and the
extent to which the guidelines may or may
not account for them—
(i) the potential and actual loss resulting
from the offense;
(ii) the level of sophistication and planning involved in the offense;
(iii) whether the offense was committed
for purposes of commercial advantage or
private financial benefit;
(iv) whether the defendant acted with
malicious intent to cause harm in committing the offense;
(v) the extent to which the offense violated the privacy rights of individuals
harmed;
(vi) whether the offense involved a computer used by the government in furtherance of national defense, national security, or the administration of justice;
(vii) whether the violation was intended
to or had the effect of significantly interfering with or disrupting a critical infrastructure; and
(viii) whether the violation was intended
to or had the effect of creating a threat to
public health or safety, or injury to any
person;
(C) assure reasonable consistency with
other relevant directives and with other sentencing guidelines;
(D) account for any additional aggravating
or mitigating circumstances that might justify exceptions to the generally applicable
sentencing ranges;
(E) make any necessary conforming
changes to the sentencing guidelines; and
(F) assure that the guidelines adequately
meet the purposes of sentencing as set forth
in section 3553(a)(2) of title 18.
(c) Study and report on computer crimes
Not later than May 1, 2003, the United States
Sentencing Commission shall submit a brief re-

port to Congress that explains any actions taken
by the Sentencing Commission in response to
this section and includes any recommendations
the Commission may have regarding statutory
penalties for offenses under section 1030 of title
18.
(d) Emergency disclosure exception
(1) Omitted
(2) Reporting of disclosures
A government entity that receives a disclosure under section 2702(b) of title 18 shall file,
not later than 90 days after such disclosure, a
report to the Attorney General stating the
paragraph of that section 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 1 year after
November 25, 2002.
(Pub. L. 107–296, title II, § 225, Nov. 25, 2002, 116
Stat. 2156.)
CODIFICATION
Section is comprised of section 225 of Pub. L. 107–296.
Subsecs. (d)(1) and (e) to (j) of section 225 of Pub. L.
107–296 amended sections 1030, 2511, 2512, 2520, 2701 to
2703, and 3125 of Title 18, Crimes and Criminal Procedure.

PART D—OFFICE OF SCIENCE AND TECHNOLOGY
§ 161. 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 subchapter referred to as the ‘‘Office’’).
(2) Authority
The Office shall be under the general authority of the Assistant Attorney General, Office
of Justice Programs, and shall be established
within the National Institute of Justice.
(b) Director
The Office shall be headed by a Director, who
shall be an individual appointed based on approval by the Office of Personnel Management of
the executive qualifications of the individual.
(Pub. L. 107–296, title II, § 231, Nov. 25, 2002, 116
Stat. 2159.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (a)(1), was in
the original ‘‘this title’’, meaning title II of Pub. L.
107–296, Nov. 25, 2002, 116 Stat. 2145, which enacted this
subchapter, amended sections 1030, 2511, 2512, 2520, 2701
to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 3712 and 3722 of Title 42, The Public
Health and Welfare, and section 401a of Title 50, War
and National Defense, and enacted provisions set out as
a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of
Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judici-

§ 162

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ary and Judicial Procedure. For complete classification
of title II to the Code, see Tables.

§ 162. 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, evaluation, and cost-benefit analyses in
fields that would improve the safety, effectiveness, and efficiency of law enforcement technologies used by Federal, State, and local law
enforcement agencies, including, but not limited to—
(A) weapons capable of preventing use by
unauthorized persons, including personalized
guns;
(B) protective apparel;
(C) bullet-resistant and explosion-resistant
glass;
(D) monitoring systems and alarm systems
capable of providing precise location 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;

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(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: Provided, That any such transfer or provision of funding shall be carried out in accordance with section 605 of Public Law 107–77.
(g) Annual report
The Director of the Office shall include with
the budget justification materials submitted to

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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) 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.
(Pub. L. 107–296, title II, § 232, Nov. 25, 2002, 116
Stat. 2159; Pub. L. 108–7, div. L, § 103(1), Feb. 20,
2003, 117 Stat. 529.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (b)(2), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
as amended, which is set out in the Appendix to Title
5, Government Organization and Employees.
The National Technology Transfer and Advancement
Act of 1995, referred to in subsec. (b)(3), (4), is Pub. L.
104–113, Mar. 7, 1996, 110 Stat. 775, as amended. For complete classification of this Act to the Code, see Short
Title of 1996 Amendment note set out under section 3701
of Title 15, Commerce and Trade, and Tables.
Section 605 of Public Law 107–77, referred to in subsec. (f), is section 605 of Pub. L. 107–77, title VI, Nov. 28,
2001, 115 Stat. 798, which is not classified to the Code.
AMENDMENTS
2003—Subsec. (f). Pub. L. 108–7 inserted before period
at end ‘‘: Provided, That any such transfer or provision
of funding shall be carried out in accordance with section 605 of Public Law 107–77’’.

§ 163. Definition of law enforcement technology
For the purposes of this subchapter, the term
‘‘law enforcement technology’’ includes investigative and forensic technologies, corrections
technologies, and technologies that support the
judicial process.
(Pub. L. 107–296, title II, § 233, Nov. 25, 2002, 116
Stat. 2161.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘this title’’, meaning title II of Pub. L. 107–296, Nov.
25, 2002, 116 Stat. 2145, which enacted this subchapter,
amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and
3125 of Title 18, Crimes and Criminal Procedure, sections 3712 and 3722 of Title 42, The Public Health and
Welfare, and section 401a of Title 50, War and National
Defense, and enacted provisions set out as a note under
section 101 of this title and listed in a Provisions for
Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table
set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II
to the Code, see Tables.

§ 164. Abolishment of Office of Science and Technology of National Institute of Justice; transfer of functions
(a) Authority to transfer 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.
(b) Transfer of personnel and assets
With respect to any function, power, or duty,
or any program or activity, that is established
in the Office, those employees and assets of the
element of the Department of Justice from
which the transfer is made that the Attorney
General 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: Provided, That any such transfer
shall be carried out in accordance with section
605 of Public Law 107–77.
(c) Report on implementation
Not later than 1 year after November 25, 2002,
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 subchapter. The report shall—
(1) provide an accounting of the amounts and
sources of funding available to the Office to
carry out its mission under existing authorizations and appropriations, and set forth the future funding needs of the Office; and
(2) include such other information and recommendations as the Attorney General considers appropriate.
(Pub. L. 107–296, title II, § 234, Nov. 25, 2002, 116
Stat. 2161; Pub. L. 108–7, div. L, § 103(2), Feb. 20,
2003, 117 Stat. 529.)
REFERENCES IN TEXT
Section 605 of Public Law 107–77, referred to in subsec. (b), is section 605 of Pub. L. 107–77, title VI, Nov. 28,
2001, 115 Stat. 798, which is not classified to the Code.
This subchapter, referred to in subsec. (c), was in the
original ‘‘this title’’, meaning title II of Pub. L. 107–296,
Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to
2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 3712 and 3722 of Title 42, The Public
Health and Welfare, and section 401a of Title 50, War
and National Defense, and enacted provisions set out as
a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of
Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification
of title II to the Code, see Tables.
AMENDMENTS
2003—Subsec. (b). Pub. L. 108–7 inserted before period
at end ‘‘: Provided, That any such transfer shall be carried out in accordance with section 605 of Public Law
107–77’’.

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§ 165. 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 November 25,
2002, 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.
(Pub. L. 107–296, title II, § 235, Nov. 25, 2002, 116
Stat. 2162.)
SUBCHAPTER
III—SCIENCE
AND
TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
§ 181. Under Secretary for Science and Technology
There shall be in the Department a Directorate of Science and Technology headed by an
Under Secretary for Science and Technology.
(Pub. L. 107–296, title III, § 301, Nov. 25, 2002, 116
Stat. 2163.)
§ 182. Responsibilities and authorities of the
Under Secretary for Science and Technology
The Secretary, acting through the Under Secretary for Science and Technology, shall have
the responsibility for—
(1) advising the Secretary regarding research
and development efforts and priorities in support of the Department’s missions;
(2) developing, in consultation with other
appropriate executive agencies, a national policy and strategic plan for, identifying priorities, goals, objectives and policies for, and coordinating the Federal Government’s civilian
efforts to identify and develop countermeasures to chemical, biological,,1 and other
emerging terrorist threats, including the de1 So

in original.

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velopment of comprehensive, research-based
definable goals for such efforts and development of annual measurable objectives and specific targets to accomplish and evaluate the
goals for such efforts;
(3) supporting the Under Secretary for Intelligence and Analysis and the Assistant Secretary for Infrastructure Protection, by assessing and testing homeland security vulnerabilities and possible threats;
(4) conducting basic and applied research,
development, demonstration, testing, and
evaluation activities that are relevant to any
or all elements of the Department, through
both intramural and extramural programs, except that such responsibility does not extend
to human health-related research and development activities;
(5) establishing priorities for, directing,
funding, and conducting national research, development, test and evaluation, and procurement of technology and systems for—
(A) preventing the importation of chemical, biological,,1 and related weapons and
material; and
(B) detecting, preventing, protecting
against, and responding to terrorist attacks;
(6) establishing a system for transferring
homeland security developments or technologies to Federal, State, local government,
and private sector entities;
(7) entering into work agreements, joint
sponsorships, contracts, or any other agreements with the Department of Energy regarding the use of the national laboratories or
sites and support of the science and technology base at those facilities;
(8) collaborating with the Secretary of Agriculture and the Attorney General as provided
in section 8401 of title 7;
(9) collaborating with the Secretary of
Health and Human Services and the Attorney
General in determining any new biological
agents and toxins that shall be listed as ‘‘select agents’’ in Appendix A of part 72 of title
42, Code of Federal Regulations, pursuant to
section 262a of title 42;
(10) supporting United States leadership in
science and technology;
(11) establishing and administering the primary research and development activities of
the Department, including the long-term research and development needs and capabilities
for all elements of the Department;
(12) coordinating and integrating all research, development, demonstration, testing,
and evaluation activities of the Department;
(13) coordinating with other appropriate executive agencies in developing and carrying
out the science and technology agenda of the
Department to reduce duplication and identify
unmet needs; and
(14) developing and overseeing the administration of guidelines for merit review of research and development projects throughout
the Department, and for the dissemination of
research conducted or sponsored by the Department.
(Pub. L. 107–296, title III, § 302, Nov. 25, 2002, 116
Stat. 2163; Pub. L. 109–347, title V, § 501(b)(2), Oct.