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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. (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. (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. Chairman, I'm going to express a couple of concerns about this amendment. And so what I would like to do is to work in good faith with the gentleman to refine the language, so that we can--if the gentleman--and it's a worthy goal--try to ferret out any abuse by law enforcement officials without overreaching. 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''. (8) To serve on the Technical Support Working Group of the Department of Defense, and on other relevant interagency panels, as requested. This anticipates that if a Government entity takes advantage of the section, within 90 days, they'll report that fact to the Attorney General. (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. 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. (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. 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. (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.