[Congressional Record Volume 142, Number 129 (Wednesday, September 18, 1996)]
[Senate]
[Pages S10865-S10866]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     THE NATIONAL INFORMATION INFRASTRUCTURE PROTECTION ACT OF 1996

                                 ______
                                 

                    HATCH AMENDMENTS NOS. 5388-5389

  Mr. STEVENS (for Mr. Hatch) proposed two amendments to the bill (S. 
982) to protect the national information infrastructure, and for other 
purposes; as follows:

                           Amendment No. 5388

       At the appropriate place in the bill, add the following:

     SEC.   . 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.
                                                                    ____


                           Amendment No. 5389

       At the appropriate place in the bill, add the following:

     SEC.   . 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;

[[Page S10866]]

       (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.

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