[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 982 Referred in House (RFH)]







104th CONGRESS
  2d Session
                                 S. 982


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 1996

               Referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
   To protect the national information infrastructure, and for other 
                               purposes.

    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 ``National Information Infrastructure 
Protection Act of 1996''.

SEC. 2. COMPUTER CRIME.

    Section 1030 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``knowingly accesses'' and 
                        inserting ``having knowingly accessed'';
                            (ii) by striking ``exceeds'' and inserting 
                        ``exceeding'';
                            (iii) by striking ``obtains information'' 
                        and inserting ``having obtained information'';
                            (iv) by striking ``the intent or'';
                            (v) by striking ``is to be used'' and 
                        inserting ``could be used''; and
                            (vi) by inserting before the semicolon at 
                        the end the following: ``willfully 
                        communicates, delivers, transmits, or causes to 
                        be communicated, delivered, or transmitted, or 
                        attempts to communicate, deliver, transmit or 
                        cause to be communicated, delivered, or 
                        transmitted the same to any person not entitled 
                        to receive it, or willfully retains the same 
                        and fails to deliver it to the officer or 
                        employee of the United States entitled to 
                        receive it'';
                    (B) in paragraph (2)--
                            (i) by striking ``obtains information'' and 
                        inserting ``obtains--
                    ``(A) information''; and
                            (ii) by adding at the end the following new 
                        subparagraphs:
                    ``(B) information from any department or agency of 
                the United States; or
                    ``(C) information from any protected computer if 
                the conduct involved an interstate or foreign 
                communication;'';
                    (C) in paragraph (3)--
                            (i) by inserting ``nonpublic'' before 
                        ``computer of a department or agency'';
                            (ii) by striking ``adversely''; and
                            (iii) by striking ``the use of the 
                        Government's operation of such computer'' and 
                        inserting ``that use by or for the Government 
                        of the United States'';
                    (D) in paragraph (4)--
                            (i) by striking ``Federal interest'' and 
                        inserting ``protected''; and
                            (ii) by inserting before the semicolon the 
                        following: ``and the value of such use is not 
                        more than $5,000 in any 1-year period'';
                    (E) by striking paragraph (5) and inserting the 
                following:
            ``(5)(A) knowingly causes the transmission of a program, 
        information, code, or command, and as a result of such conduct, 
        intentionally causes damage without authorization, to a 
        protected computer;
            ``(B) intentionally accesses a protected computer without 
        authorization, and as a result of such conduct, recklessly 
        causes damage; or
            ``(C) intentionally accesses a protected computer without 
        authorization, and as a result of such conduct, causes 
        damage;''; and
                    (F) by inserting after paragraph (6) the following 
                new paragraph:
            ``(7) with intent to extort from any person, firm, 
        association, educational institution, financial institution, 
        government entity, or other legal entity, any money or other 
        thing of value, transmits in interstate or foreign commerce any 
        communication containing any threat to cause damage to a 
        protected computer;'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``such 
                subsection'' each place that term appears and inserting 
                ``this section'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by inserting ``, (a)(5)(C),'' 
                                after ``(a)(3)''; and
                                    (II) by striking ``such 
                                subsection'' and inserting ``this 
                                section'';
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C);
                            (iii) by inserting immediately after 
                        subparagraph (A) the following:
                    ``(B) a fine under this title or imprisonment for 
                not more than 5 years, or both, in the case of an 
                offense under subsection (a)(2), if--
                            ``(i) the offense was committed for 
                        purposes of commercial advantage or private 
                        financial gain;
                            ``(ii) the offense was committed in 
                        furtherance of any criminal or tortious act in 
                        violation of the Constitution or laws of the 
                        United States or of any State; or
                            ``(iii) the value of the information 
                        obtained exceeds $5,000;''; and
                            (iv) in subparagraph (C) (as 
                        redesignated)--
                                    (I) by striking ``such subsection'' 
                                and inserting ``this section''; and
                                    (II) by adding ``and'' at the end;
                    (C) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``(a)(4) or 
                                (a)(5)(A)'' and inserting ``(a)(4), 
                                (a)(5)(A), (a)(5)(B), or (a)(7)''; and
                                    (II) by striking ``such 
                                subsection'' and inserting ``this 
                                section''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(a)(4) or 
                                (a)(5)'' and inserting ``(a)(4), 
                                (a)(5)(A), (a)(5)(B), (a)(5)(C), or 
                                (a)(7)''; and
                                    (II) by striking ``such 
                                subsection'' and inserting ``this 
                                section''; and
                    (D) by striking paragraph (4);
            (3) in subsection (d), by inserting ``subsections 
        (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of'' 
        before ``this section.'';
            (4) in subsection (e)--
                    (A) in paragraph (2)--
                            (i) by striking ``Federal interest'' and 
                        inserting ``protected'';
                            (ii) in subparagraph (A), by striking ``the 
                        use of the financial institution's operation or 
                        the Government's operation of such computer'' 
                        and inserting ``that use by or for the 
                        financial institution or the Government''; and
                            (iii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) which is used in interstate or foreign 
                commerce or communication;'';
                    (B) in paragraph (6), by striking ``and'' at the 
                end;
                    (C) in paragraph (7), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                paragraphs:
            ``(8) the term `damage' means any impairment to the 
        integrity or availability of data, a program, a system, or 
        information, that--
                    ``(A) causes loss aggregating at least $5,000 in 
                value during any 1-year period to one or more 
                individuals;
                    ``(B) modifies or impairs, or potentially modifies 
                or impairs, the medical examination, diagnosis, 
                treatment, or care of one or more individuals;
                    ``(C) causes physical injury to any person; or
                    ``(D) threatens public health or safety; and
            ``(9) the term `government entity' includes the Government 
        of the United States, any State or political subdivision of the 
        United States, any foreign country, and any state, province, 
        municipality, or other political subdivision of a foreign 
        country.''; and
            (5) in subsection (g)--
                    (A) by striking ``, other than a violation of 
                subsection (a)(5)(B),''; and
                    (B) by striking ``of any subsection other than 
                subsection (a)(5)(A)(ii)(II)(bb) or 
                (a)(5)(B)(ii)(II)(bb)'' and inserting ``involving 
                damage as defined in subsection (e)(8)(A)''.

SEC. 3. TRANSFER OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY.

    (a) Amendment of Section 4243 of Title 18.--Section 4243 of title 
18, United States Code, is amended by adding at the end the following 
new subsection:
    ``(i) Certain Persons Found Not Guilty by Reason of Insanity in the 
District of Columbia.--
            ``(1) Transfer to custody of the attorney general.--
        Notwithstanding section 301(h) of title 24 of the District of 
        Columbia Code, and notwithstanding subsection 4247(j) of this 
        title, all persons who have been committed to a hospital for 
        the mentally ill pursuant to section 301(d)(1) of title 24 of 
        the District of Columbia Code, and for whom the United States 
        has continuing financial responsibility, may be transferred to 
        the custody of the Attorney General, who shall hospitalize the 
        person for treatment in a suitable facility.
            ``(2) Application.--
                    ``(A) In general.--The Attorney General may 
                establish custody over such persons by filing an 
                application in the United States District Court for the 
                District of Columbia, demonstrating that the person to 
                be transferred is a person described in this 
                subsection.
                    ``(B) Notice.--The Attorney General shall, by any 
                means reasonably designed to do so, provide written 
                notice of the proposed transfer of custody to such 
                person or such person's guardian, legal representative, 
                or other lawful agent. The person to be transferred 
                shall be afforded an opportunity, not to exceed 15 
                days, to respond to the proposed transfer of custody, 
                and may, at the court's discretion, be afforded a 
                hearing on the proposed transfer of custody. Such 
                hearing, if granted, shall be limited to a 
                determination of whether the constitutional rights of 
                such person would be violated by the proposed transfer 
                of custody.
                    ``(C) Order.--Upon application of the Attorney 
                General, the court shall order the person transferred 
                to the custody of the Attorney General, unless, 
                pursuant to a hearing under this paragraph, the court 
                finds that the proposed transfer would violate a right 
                of such person under the United States Constitution.
                    ``(D) Effect.--Nothing in this paragraph shall be 
                construed to--
                            ``(i) create in any person a liberty 
                        interest in being granted a hearing or notice 
                        on any matter;
                            ``(ii) create in favor of any person a 
                        cause of action against the United States or 
                        any officer or employee of the United States; 
                        or
                            ``(iii) limit in any manner or degree the 
                        ability of the Attorney General to move, 
                        transfer, or otherwise manage any person 
                        committed to the custody of the Attorney 
                        General.
            ``(3) Construction with other sections.--Subsections (f) 
        and (g) and section 4247 shall apply to any person transferred 
        to the custody of the Attorney General pursuant to this 
        subsection.''.
    (b) Transfer of Records.--Notwithstanding any provision of the 
District of Columbia Code or any other provision of law, the District 
of Columbia and St. Elizabeth's Hospital--
            (1) not later than 30 days after the date of enactment of 
        this Act, shall provide to the Attorney General copies of all 
        records in the custody or control of the District or the 
        Hospital on such date of enactment pertaining to persons 
        described in section 4243(i) of title 18, United States Code 
        (as added by subsection (a));
            (2) not later than 30 days after the creation of any 
        records by employees, agents, or contractors of the District of 
        Columbia or of St. Elizabeth's Hospital pertaining to persons 
        described in section 4243(i) of title 18, United States Code, 
        provide to the Attorney General copies of all such records 
        created after the date of enactment of this Act;
            (3) shall not prevent or impede any employee, agent, or 
        contractor of the District of Columbia or of St. Elizabeth's 
        Hospital who has obtained knowledge of the persons described in 
        section 4243(i) of title 18, United States Code, in the 
        employee's professional capacity from providing that knowledge 
        to the Attorney General, nor shall civil or criminal liability 
        attach to such employees, agents, or contractors who provide 
        such knowledge; and
            (4) shall not prevent or impede interviews of persons 
        described in section 4243(i) of title 18, United States Code, 
        by representatives of the Attorney General, if such persons 
        voluntarily consent to such interviews.
    (c) Clarification of Effect on Certain Testimonial Privileges.--The 
amendments made by this section shall not be construed to affect in any 
manner any doctor-patient or psychotherapist-patient testimonial 
privilege that may be otherwise applicable to persons found not guilty 
by reason of insanity and affected by this section.
    (d) Severability.--If any provision of this section, an amendment 
made by this section, or the application of such provision or amendment 
to any person or circumstance is held to be unconstitutional, the 
remainder of this section and the amendments made by this section shall 
not be affected thereby.

SEC. 4. ESTABLISHING BOYS AND GIRLS CLUBS.

    (a) Findings and Purpose.--
            (1) Findings.--The Congress finds that--
                    (A) the Boys and Girls Clubs of America, chartered 
                by an Act of Congress on December 10, 1991, during its 
                90-year history as a national organization, has proven 
                itself as a positive force in the communities it 
                serves;
                    (B) there are 1,810 Boys and Girls Clubs facilities 
                throughout the United States, Puerto Rico, and the 
                United States Virgin Islands, serving 2,420,000 youths 
                nationwide;
                    (C) 71 percent of the young people who benefit from 
                Boys and Girls Clubs programs live in our inner cities 
                and urban areas;
                    (D) Boys and Girls Clubs are locally run and have 
                been exceptionally successful in balancing public funds 
                with private sector donations and maximizing community 
                involvement;
                    (E) Boys and Girls Clubs are located in 289 public 
                housing sites across the Nation;
                    (F) public housing projects in which there is an 
                active Boys and Girls Club have experienced a 25 
                percent reduction in the presence of crack cocaine, a 
                22 percent reduction in overall drug activity, and a 13 
                percent reduction in juvenile crime;
                    (G) these results have been achieved in the face of 
                national trends in which overall drug use by youth has 
                increased 105 percent since 1992 and 10.9 percent of 
                the Nation's young people use drugs on a monthly basis; 
                and
                    (H) many public housing projects and other 
                distressed areas are still underserved by Boys and 
                Girls Clubs.
            (2) Purpose.--It is the purpose of this section to provide 
        adequate resources in the form of seed money for the Boys and 
        Girls Clubs of America to establish 1,000 additional local Boys 
        and Girls Clubs in public housing projects and other distressed 
        areas by 2001.
    (b) Definitions.--For purposes of this section--
            (1) the terms ``public housing'' and ``project'' have the 
        same meanings as in section 3(b) of the United States Housing 
        Act of 1937; and
            (2) the term ``distressed area'' means an urban, suburban, 
        or rural area with a high percentage of high risk youth as 
        defined in section 509A of the Public Health Service Act (42 
        U.S.C. 290aa-8(f)).
    (c) Establishment.--
            (1) In general.--For each of the fiscal years 1997, 1998, 
        1999, 2000, and 2001, the Director of the Bureau of Justice 
        Assistance of the Department of Justice shall provide a grant 
        to the Boys and Girls Clubs of America for the purpose of 
        establishing Boys and Girls Clubs in public housing projects 
        and other distressed areas.
            (2) Contracting authority.--Where appropriate, the 
        Secretary of Housing and Urban Development, in consultation 
        with the Attorney General, shall enter into contracts with the 
        Boys and Girls Clubs of America to establish clubs pursuant to 
        the grants under paragraph (1).
    (d) Report.--Not later than May 1 of each fiscal year for which 
amounts are made available to carry out this Act, the Attorney General 
shall submit to the Committees on the Judiciary of the Senate and the 
House of Representatives a report that details the progress made under 
this Act in establishing Boys and Girls Clubs in public housing 
projects and other distressed areas, and the effectiveness of the 
programs in reducing drug abuse and juvenile crime.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section--
                    (A) $20,000,000 for fiscal year 1997;
                    (B) $20,000,000 for fiscal year 1998;
                    (C) $20,000,000 for fiscal year 1999;
                    (D) $20,000,000 for fiscal year 2000; and
                    (E) $20,000,000 for fiscal year 2001.
            (2) Violent crime reduction trust fund.--The sums 
        authorized to be appropriated by this subsection may be made 
        from the Violent Crime Reduction Trust Fund.

            Passed the Senate September 18, 1996.

            Attest:

                                             KELLY D. JOHNSTON,

                                                             Secretary.