[Congressional Record Volume 146, Number 155 (Friday, December 15, 2000)]
[Senate]
[Pages S11931-S11936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

           DILLONWOOD GIANT SEQUOIA GROVE PARK EXPANSION ACT

                                 ______
                                 

              MURKOWSKI (AND BINGAMAN) AMENDMENT NO. 4365

  Mr. DOMENICI (for Mr.  Murkowski (for himself and Mr. Bingaman)) 
proposed an amendment to the bill (H.R. 4020) to authorize an expansion 
of the boundaries of Sequoia National Park to include Dillonwood Giant 
Sequoia Grove; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. ADDITION TO SEQUOIA NATIONAL PARK.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     acquire by donation, purchase with donated or appropriated 
     funds, or exchange, all interest in and to the land described 
     in subsection (b) for addition to Sequoia National Park, 
     California.
       (b) Land Acquired.--The land referred to in subsection (a) 
     is the land depicted on the map entitled ``Dillonwood'', 
     numbered 102/80,044, and dated September 1999.
       (c) Addition to Park.--Upon acquisition of the land under 
     subsection (a)--
       (1) the Secretary of the Interior shall--
       (A) modify the boundaries of Sequoia National Park to 
     include the land within the park; and.
       (B) administer the land as part of Sequoia National Park in 
     accordance with all applicable laws; and.
       (2) The Secretary of Agriculture shall modify the 
     boundaries of the Sequoia National Forest to exclude the land 
     from the forest boundaries.
                                 ______
                                 

            PUBLIC SAFETY OFFICER MEDAL OF VALOR ACT OF 1999

                                 ______
                                 

                        HATCH AMENDMENT NO. 4366

  Mr. STEVENS (for Mr. Hatch) proposed an amendment to the bill (H.R. 
46) to provide for a national medal for public safety officers who act 
with extraordinary valor above and beyond the call of duty; as follows:

       Strike all after the enacting clause and insert the 
     following:

                 TITLE I--PUBLIC SAFETY MEDAL OF VALOR

     SECTION 101. SHORT TITLE.

       This title may be cited as the ``Public Safety Officer 
     Medal of Valor Act of 2000''.

     SEC. 102. AUTHORIZATION OF MEDAL.

       After September 1, 2001, the President may award, and 
     present in the name of Congress, a Medal of Valor of 
     appropriate design, with ribbons and appurtenances, to a 
     public safety officer who is cited by the Attorney General, 
     upon the recommendation of the Medal of Valor Review Board, 
     for extraordinary valor above and beyond the call of duty. 
     The Public Safety Medal of Valor shall be the highest 
     national award for valor by a public safety officer.

     SEC. 103. MEDAL OF VALOR BOARD.

       (a) Establishment of Board.--There is established a Medal 
     of Valor Review Board

[[Page S11932]]

     (hereinafter in this title referred to as the ``Board''), 
     which shall be composed of 11 members appointed in accordance 
     with subsection (b) and shall conduct its business in 
     accordance with this title.
       (b) Membership.--
       (1) Members.--The members of the Board shall be individuals 
     with knowledge or expertise, whether by experience or 
     training, in the field of public safety, of which--
       (A) two shall be appointed by the majority leader of the 
     Senate;
       (B) two shall be appointed by the minority leader of the 
     Senate;
       (C) two shall be appointed by the Speaker of the House of 
     Representatives;
       (D) two shall be appointed by the minority leader of the 
     House of Representatives; and
       (E) three shall be appointed by the President, including 
     one with experience in firefighting, one with experience in 
     law enforcement, and one with experience in emergency 
     services.
       (2) Term.--The term of a Board member shall be 4 years.
       (3) Vacancies.--Any vacancy in the membership of the Board 
     shall not affect the powers of the Board and shall be filled 
     in the same manner as the original appointment.
       (4) Operation of the board.--
       (A) Chairman.--The Chairman of the Board shall be elected 
     by the members of the Board from among the members of the 
     Board.
       (B) Meetings.--The initial meeting of the Board shall be 
     conducted within 90 days of the appointment of the last 
     member of the Board. Thereafter, the Board shall meet at the 
     call of the Chairman of the Board. The Board shall meet not 
     less often than twice each year.
       (C) Voting and rules.--A majority of the members shall 
     constitute a quorum to conduct business, but the Board may 
     establish a lesser quorum for conducting hearings scheduled 
     by the Board. The Board may establish by majority vote any 
     other rules for the conduct of the Board's business, if such 
     rules are not inconsistent with this title or other 
     applicable law.
       (c) Duties.--The Board shall select candidates as 
     recipients of the Medal of Valor from among those 
     applications received by the National Medal Office. Not more 
     often than once each year, the Board shall present to the 
     Attorney General the name or names of those it recommends as 
     Medal of Valor recipients. In a given year, the Board shall 
     not be required to select any recipients but may not select 
     more than 5 recipients. The Attorney General may in 
     extraordinary cases increase the number of recipients in a 
     given year. The Board shall set an annual timetable for 
     fulfilling its duties under this title.
       (d) Hearings.--
       (1) In general.--The Board may hold such hearings, sit and 
     act at such times and places, administer such oaths, take 
     such testimony, and receive such evidence as the Board 
     considers advisable to carry out its duties.
       (2) Witness expenses.--Witnesses requested to appear before 
     the Board may be paid the same fees as are paid to witnesses 
     under section 1821 of title 28, United States Code. The per 
     diem and mileage allowances for witnesses shall be paid from 
     funds appropriated to the Board.
       (e) Information From Federal Agencies.--The Board may 
     secure directly from any Federal department or agency such 
     information as the Board considers necessary to carry out its 
     duties. Upon the request of the Board, the head of such 
     department or agency may furnish such information to the 
     Board.
       (f) Information To Be Kept Confidential.--The Board shall 
     not disclose any information which may compromise an ongoing 
     law enforcement investigation or is otherwise required by law 
     to be kept confidential.

     SEC. 104. BOARD PERSONNEL MATTERS.

       (a) Compensation of Members.--(1) Except as provided in 
     paragraph (2), each member of the Board shall be compensated 
     at a rate equal to the daily equivalent of the annual rate of 
     basic pay prescribed for level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, for each 
     day (including travel time) during which such member is 
     engaged in the performance of the duties of the Board.
       (2) All members of the Board who serve as officers or 
     employees of the United States, a State, or a local 
     government, shall serve without compensation in addition to 
     that received for those services.
       (b) Travel Expenses.--The members of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of service for the Board.

     SEC. 105. DEFINITIONS.

       In this title:
       (1) Public safety officer.--The term ``public safety 
     officer'' means a person serving a public agency, with or 
     without compensation, as a firefighter, law enforcement 
     officer, or emergency services officer, as determined by the 
     Attorney General. For the purposes of this paragraph, the 
     term ``law enforcement officer'' includes a person who is a 
     corrections or court officer or a civil defense officer.
       (2) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of the Northern Mariana 
     Islands.

     SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Attorney 
     General such sums as may be necessary to carry out this 
     title.

     SEC. 107. NATIONAL MEDAL OF VALOR OFFICE.

       There is established within the Department of Justice a 
     national medal of valor office. The office shall provide 
     staff support to the Board to establish criteria and 
     procedures for the submission of recommendations of nominees 
     for the Medal of Valor and for the final design of the Medal 
     of Valor.

     SEC. 108. CONFORMING REPEAL.

       Section 15 of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2214) is amended--
       (1) by striking subsection (a) and inserting the following 
     new subsection (a):
       ``(a) Establishment.--There is hereby established an 
     honorary award for the recognition of outstanding and 
     distinguished service by public safety officers to be known 
     as the Secretary's Award For Distinguished Public Safety 
     Service (`Secretary's Award').'';
       (2) in subsection (b)--
       (A) by striking paragraph (1); and
       (B) by striking ``(2)'';
       (3) by striking subsections (c) and (d) and redesignating 
     subsections (e), (f), and (g) as subsections (c), (d), and 
     (e), respectively; and
       (4) in subsection (c), as so redesignated--
       (A) by striking paragraph (1); and
       (B) by striking ``(2)''.

     SEC. 109. CONSULTATION REQUIREMENT.

       The Board shall consult with the Institute of Heraldry 
     within the Department of Defense regarding the design and 
     artistry of the Medal of Valor. The Board may also consider 
     suggestions received by the Department of Justice regarding 
     the design of the medal, including those made by persons not 
     employed by the Department.

                  TITLE II--COMPUTER CRIME ENFORCEMENT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Computer Crime Enforcement 
     Act''.

     SEC. 202. STATE GRANT PROGRAM FOR TRAINING AND PROSECUTION OF 
                   COMPUTER CRIMES.

       (a) In General.--Subject to the availability of amounts 
     provided in advance in appropriations Acts, the Office of 
     Justice Programs shall make a grant to each State, which 
     shall be used by the State, in conjunction with units of 
     local government, State and local courts, other States, or 
     combinations thereof, to--
       (1) assist State and local law enforcement in enforcing 
     State and local criminal laws relating to computer crime;
       (2) assist State and local law enforcement in educating the 
     public to prevent and identify computer crime;
       (3) assist in educating and training State and local law 
     enforcement officers and prosecutors to conduct 
     investigations and forensic analyses of evidence and 
     prosecutions of computer crime;
       (4) assist State and local law enforcement officers and 
     prosecutors in acquiring computer and other equipment to 
     conduct investigations and forensic analysis of evidence of 
     computer crimes; and
       (5) facilitate and promote the sharing of Federal law 
     enforcement expertise and information about the 
     investigation, analysis, and prosecution of computer crimes 
     with State and local law enforcement officers and 
     prosecutors, including the use of multijurisdictional task 
     forces.
       (b) Use of Grant Amounts.--Grants under this section may be 
     used to establish and develop programs to--
       (1) assist State and local law enforcement in enforcing 
     State and local criminal laws relating to computer crime;
       (2) assist State and local law enforcement in educating the 
     public to prevent and identify computer crime;
       (3) educate and train State and local law enforcement 
     officers and prosecutors to conduct investigations and 
     forensic analyses of evidence and prosecutions of computer 
     crime;
       (4) assist State and local law enforcement officers and 
     prosecutors in acquiring computer and other equipment to 
     conduct investigations and forensic analysis of evidence of 
     computer crimes; and
       (5) facilitate and promote the sharing of Federal law 
     enforcement expertise and information about the 
     investigation, analysis, and prosecution of computer crimes 
     with State and local law enforcement officers and 
     prosecutors, including the use of multijurisdictional task 
     forces.
       (c) Assurances.--To be eligible to receive a grant under 
     this section, a State shall provide assurances to the 
     Attorney General that the State--
       (1) has in effect laws that penalize computer crime, such 
     as penal laws prohibiting--
       (A) fraudulent schemes executed by means of a computer 
     system or network;
       (B) the unlawful damaging, destroying, altering, deleting, 
     removing of computer software, or data contained in a 
     computer, computer system, computer program, or computer 
     network; or
       (C) the unlawful interference with the operation of or 
     denial of access to a computer, computer program, computer 
     system, or computer network;
       (2) an assessment of the State and local resource needs, 
     including criminal justice resources being devoted to the 
     investigation and enforcement of computer crime laws; and

[[Page S11933]]

       (3) a plan for coordinating the programs funded under this 
     section with other federally funded technical assistant and 
     training programs, including directly funded local programs 
     such as the Local Law Enforcement Block Grant program 
     (described under the heading ``Violent Crime Reduction 
     Programs, State and Local Law Enforcement Assistance'' of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1998 (Public Law 
     105-119)).
       (d) Matching Funds.--The Federal share of a grant received 
     under this section may not exceed 90 percent of the costs of 
     a program or proposal funded under this section unless the 
     Attorney General waives, wholly or in part, the requirements 
     of this subsection.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $25,000,000 for each of fiscal years 
     2001 through 2004.
       (2) Limitations.--Of the amount made available to carry out 
     this section in any fiscal year not more than 3 percent may 
     be used by the Attorney General for salaries and 
     administrative expenses.
       (3) Minimum amount.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.75 percent of the total 
     amount appropriated in the fiscal year for grants pursuant to 
     this section, except that the United States Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands each 
     shall be allocated 0.25 percent.
       (f) Grants to Indian Tribes.--Notwithstanding any other 
     provision of this section, the Attorney General may use 
     amounts made available under this section to make grants to 
     Indian tribes for use in accordance with this section.

                      TITLE III--INTERNET SECURITY

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Internet Security Act of 
     2000''.

     SEC. 302. DEPUTY ASSISTANT ATTORNEY GENERAL FOR COMPUTER 
                   CRIME AND INTELLECTUAL PROPERTY.

       (a) Establishment of Position.--(1) Chapter 31 of title 28, 
     United States Code, is amended by inserting after section 507 
     the following new section:

     ``Sec. 507a. Deputy Assistant Attorney General for Computer 
       Crime and Intellectual Property

       ``(a) The Attorney General shall appoint a Deputy Assistant 
     Attorney General for Computer Crime and Intellectual 
     Property.
       ``(b) The Deputy Assistant Attorney General shall be the 
     head of the Computer Crime and Intellectual Property Section 
     (CCIPS) of the Department of Justice.
       ``(c) The duties of the Deputy Assistant Attorney General 
     shall include the following:
       ``(1) To advise Federal prosecutors and law enforcement 
     personnel regarding computer crime and intellectual property 
     crime.
       ``(2) To coordinate national and international law 
     enforcement activities relating to combatting computer crime.
       ``(3) To provide guidance and assistance to Federal, State, 
     and local law enforcement agencies and personnel, and 
     appropriate foreign entities, regarding responses to threats 
     of computer crime and cyber-terrorism.
       ``(4) To serve as the liaison of the Attorney General to 
     the National Infrastructure Protection Center (NIPC), the 
     Department of Defense, the National Security Agency, and the 
     Central Intelligence Agency on matters relating to computer 
     crime.
       ``(5) To coordinate training for Federal, State, and local 
     prosecutors and law enforcement personnel on laws pertaining 
     to computer crime.
       ``(6) To propose and comment upon legislation concerning 
     computer crime, intellectual property crime, encryption, 
     electronic privacy, and electronic commerce, and concerning 
     the search and seizure of computers.
       ``(7) Such other duties as the Attorney General may 
     require, including duties carried out by the head of the 
     Computer Crime and Intellectual Property Section of the 
     Department of Justice as of the date of the enactment of the 
     Internet Security Act of 2000.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     507 the following new item:

``507a. Deputy Assistant Attorney General for Computer Crime and 
              Intellectual Property.''.
       (b) First Appointment to Position of Deputy Assistant 
     Attorney General.--(1) The individual who holds the position 
     of head of the Computer Crime and Intellectual Property 
     Section (CCIPS) of the Department of Justice as of the date 
     of the enactment of this title shall act as the Deputy 
     Assistant Attorney General for Computer Crime and 
     Intellectual Property under section 507a of title 28, United 
     States Code, until the Attorney General appoints an 
     individual to hold the position of Deputy Assistant Attorney 
     General for Computer Crime and Intellectual Property under 
     that section.
       (2) The individual first appointed as Deputy Assistant 
     Attorney General for Computer Crime and Intellectual Property 
     after the date of the enactment of this title may be the 
     individual who holds the position of head of the Computer 
     Crime and Intellectual Property Section of the Department of 
     Justice as of that date.
       (c) Authorization of Appropriations for CCIPS.--There is 
     hereby authorized to be appropriated for the Department of 
     Justice for fiscal year 2001, $5,000,000 for the Computer 
     Crime and Intellectual Property Section of the Department for 
     purposes of the discharge of the duties of the Deputy 
     Assistant Attorney General for Computer Crime and 
     Intellectual Property under section 507a of title 28, United 
     States Code (as so added), during that fiscal year.

     SEC. 303. DETERRENCE AND PREVENTION OF FRAUD, ABUSE, AND 
                   CRIMINAL ACTS IN CONNECTION WITH COMPUTERS.

       (a) Clarification of Protection of Protected Computers.--
     Subsection (a)(5) of section 1030 of title 18, United States 
     Code, is amended--
       (1) by inserting ``(i)'' after ``(A)'';
       (2) by redesignated subparagraphs (B) and (C) as clauses 
     (ii) and (iii), respectively, of subparagraph (A);
       (3) by adding ``and'' at the end of clause (iii), as so 
     redesignated; and
       (4) by adding at the end the following new subparagraph:
       ``(B) whose conduct described in clause (i), (ii), or (iii) 
     of subparagraph (A) caused (or, in the case of an attempted 
     offense, would, if completed, have caused)--
       ``(i) loss to 1 or more persons during any 1-year period 
     (including loss resulting from a related course of conduct 
     affecting 1 or more other protected computers) aggregating at 
     least $5,000 in value;
       ``(ii) the modification or impairment, or potential 
     modification or impairment, of the medical examination, 
     diagnosis, treatment, or care of 1 or more individuals;
       ``(iii) physical injury to any person;
       ``(iv) a threat to public health or safety; or
       ``(v) damage affecting a computer system used by or for a 
     government entity in furtherance of the administration of 
     justice, national defense, or national security;''.
       (b) Protection from Extortion.--Subsection (a)(7) of that 
     section is amended by striking ``, firm, association, 
     educational institution, financial institution, governmental 
     entity, or other legal entity,''.
       (c) Penalties.--Subsection (c) of that section is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) by inserting ``except as provided in subparagraph 
     (B),'' before ``a fine'';
       (ii) by striking ``(a)(5)(C)'' and inserting 
     ``(a)(5)(A)(iii)''; and
       (iii) by striking ``and'' at the end;
       (B) in subparagraph (B), by inserting ``or an attempt to 
     commit an offense punishable under this subparagraph,'' after 
     ``subsection (a)(2),'' in the matter preceding clause (i); 
     and
       (C) in subparagraph (C), by striking ``and'' at the end;
       (2) in paragraph (3)--
       (A) by striking ``, (a)(5)(A), (a)(5)(B),'' both places it 
     appears; and
       (B) by striking ``(a)(5)(C)'' and inserting 
     ``(a)(5)(A)(iii)''; and
       (3) by adding at the end the following new paragraph:
       ``(4)(A) a fine under this title, imprisonment for not more 
     than 10 years, or both, in the case of an offense under 
     subsection (a)(5)(A)(i), or an attempt to commit an offense 
     punishable under this subparagraph;
       ``(B) a fine under this title, imprisonment for not more 
     than 5 years, or both, in the case of an offense under 
     subsection (a)(5)(A)(ii), or an attempt to commit an offense 
     punishable under this subparagraph; and
       ``(C) a fine under this title, imprisonment for not more 
     than 20 years, or both, in the case of an offense under 
     subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to 
     commit an offense punishable under this subparagraph, that 
     occurs after a conviction for another offense under this 
     section.''.
       (d) Definitions.--Subsection (e) of that section is 
     amended--
       (1) in paragraph (2)(B), by inserting ``, including a 
     computer located outside the United States that is used in a 
     manner that affects interstate or foreign commerce or 
     communication of the United States'' before the semicolon;
       (2) in paragraph (7), by striking ``and'' at the end;
       (3) by striking paragraph (8) and inserting the following 
     new paragraph (8):
       ``(8) the term `damage' means any impairment to the 
     integrity or availability of data, a program, a system, or 
     information;''
       (4) in paragraph (9), by striking the period at the end and 
     inserting a semicolon; and
       (5) by adding at the end the following new paragraphs:
       ``(10) the term `conviction' shall include a conviction 
     under the law of any State for a crime punishable by 
     imprisonment for more than 1 year, an element of which is 
     unauthorized access, or exceeding authorized access, to a 
     computer;
       ``(11) the term `loss' means any reasonable cost to any 
     victim, including the cost of responding to an offense, 
     conducting a damage assessment, and restoring the data, 
     program, system, or information to its condition prior to the 
     offense, and any revenue lost, cost incurred, or other 
     consequential damages incurred because of interruption of 
     service; and
       ``(12) the term `person' means any individual, firm, 
     corporation, educational institution, financial institution, 
     governmental entity, or legal or other entity.''.
       (e) Damages in Civil Actions.--Subsection (g) of that 
     section is amended--

[[Page S11934]]

       (1) by striking the second sentence and inserting the 
     following new sentences: ``A suit for a violation of this 
     section may be brought only if the conduct involves one of 
     the factors enumerated in clauses (i) through (v) of 
     subsection (a)(5)(B). Damages for a violation involving only 
     conduct described in subsection (a)(5)(B)(i) are limited to 
     economic damages.''; and
       (2) by adding at the end the following new sentence: ``No 
     action may be brought under this subsection for the negligent 
     design or manufacture of computer hardware, computer 
     software, or firmware.''.

     SEC. 304. CRIMINAL FORFEITURE FOR COMPUTER FRAUD AND ABUSE.

       Section 1030 of title 18, United States Code, as amended by 
     section 303 of this Act, is further amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following new 
     subsection (h):
       ``(h)(1) The court, in imposing sentence on any person 
     convicted of a violation of this section, shall order, in 
     addition to any other sentence imposed and irrespective of 
     any provision of State law, that such person forfeit to the 
     United States--
       ``(A) the interest of such person in any personal property 
     that was used or intended to be used to commit or to 
     facilitate the commission of such violation; and
       ``(B) any property, whether real or personal, constituting 
     or derived from any proceeds that such person obtained, 
     whether directly or indirectly, as a result of such 
     violation.
       ``(2) The criminal forfeiture of property under this 
     subsection, any seizure and disposition thereof, and any 
     administrative or judicial proceeding relating thereto, shall 
     be governed by the provisions of section 413 of the 
     Comprehensive Drug Abuse Prevention and Control Act of 1970 
     (21 U.S.C. 853), except subsection (d) of that section.''.

     SEC. 305. ENHANCED COORDINATION OF FEDERAL AGENCIES.

       Subsection (d) of section 1030 of title 18, United States 
     Code, is amended to read as follows:
       ``(d)(1) The United States Secret Service shall, in 
     addition to any other agency having such authority, have the 
     authority to investigate offenses under this section relating 
     to its jurisdiction under section 3056 of this title and 
     other statutory authorities. Such authority of the United 
     States Secret Service shall be exercised in accordance with 
     an agreement which shall be entered into by the Secretary of 
     the Treasury and the Attorney General.
       ``(2) The Federal Bureau of Investigation shall have 
     primary authority to investigate offenses under subsection 
     (a)(1) for any cases involving espionage, foreign 
     counterintelligence, information protected against 
     unauthorized disclosure for reasons of national defense or 
     foreign relations, or Restricted Data (as that term is 
     defined in section 11 y. of the Atomic Energy Act of 1954 (42 
     U.S.C. 2014(y)), except for offenses affecting the duties of 
     the United States Secret Service pursuant to section 3056(a) 
     of this title.''.

     SEC. 306. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO 
                   PRESERVING RECORDS IN RESPONSE TO GOVERNMENT 
                   REQUESTS.

       Section 2707(e)(1) of title 18, United States Code, is 
     amended by inserting after ``or statutory authorization'' the 
     following: ``(including a request of a governmental entity 
     under section 2703(f) of this title)''.

     SEC. 307. FORFEITURE OF DEVICES USED IN COMPUTER SOFTWARE 
                   COUNTERFEITING AND INTELLECTUAL PROPERTY THEFT.

       (a) In General.--Section 2318(d) of title 18, United States 
     Code, is amended--
       (1) by inserting ``(1)'' before ``When'';
       (2) in paragraph (1), as so designated, by inserting ``, 
     and of any replicator or other device or thing used to copy 
     or produce the computer program or other item to which the 
     counterfeit labels have been affixed or which were intended 
     to have had such labels affixed'' before the period; and
       (3) by adding at the end the following:
       ``(2) The forfeiture of property under this section, 
     including any seizure and disposition of the property, and 
     any related judicial or administrative proceeding, shall be 
     governed by the provisions of section 413 (other than 
     subsection (d) of that section) of the Comprehensive Drug 
     Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).''.
       (b) Conforming Amendment.--Section 492 of such title is 
     amended in the first undesignated paragraph by striking ``or 
     1720,'' and inserting ``, 1720, or 2318''.

     SEC. 308. SENTENCING DIRECTIVES FOR COMPUTER CRIMES.

       (a) Amendment of Sentencing Guidelines Relating to Certain 
     Computer Crimes.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall amend the Federal sentencing 
     guidelines and, if appropriate, shall promulgate guidelines 
     or policy statements or amend existing policy statements to 
     address--
       (1) the potential and actual loss resulting from an offense 
     under section 1030 of title 18, United States Code (as 
     amended by this title);
       (2) the level of sophistication and planning involved in 
     such an offense;
       (3) the growing incidence of offenses under such 
     subsections and the need to provide an effective deterrent 
     against such offenses;
       (4) whether or not such an offense was committed for 
     purposes of commercial advantage or private financial 
     benefit;
       (5) whether or not the defendant involved a juvenile in the 
     commission of such an offense;
       (6) whether or not the defendant acted with malicious 
     intent to cause harm in committing such an offense;
       (7) the extent to which such an offense violated the 
     privacy rights of individuals harmed by the offense; and
       (8) any other factor the Commission considers appropriate 
     in connection with any amendments made by this title with 
     regard to such subsections.
       (b) Amendment of Sentencing Guidelines Relating to Certain 
     Computer Fraud and Abuse.--Pursuant to its authority under 
     section 994(p) of title 28, United States Code, the United 
     States Sentencing Commission shall amend the Federal 
     sentencing guidelines to ensure that any individual convicted 
     of a violation of section 1030(a)(5)(A)(ii) or 
     1030(a)(5)(A)(iii) of title 18, United States Code (as 
     amended by section 303 of this Act), can be subjected to 
     appropriate penalties, without regard to any mandatory 
     minimum term of imprisonment.
       (c) Amendment of Sentencing Guidelines Relating to Use of 
     Encryption.--Pursuant to its authority under section 994(p) 
     of title 28, United States Code, the United States Sentencing 
     Commission shall amend the Federal sentencing guidelines and, 
     if appropriate, shall promulgate guidelines or policy 
     statements or amend existing policy statements to ensure that 
     the guidelines provide sufficiently stringent penalties to 
     deter and punish persons who intentionally use encryption in 
     connection with the commission or concealment of criminal 
     acts sentenced under the guidelines.
       (d) Emergency Authority.--The Commission may promulgate the 
     guidelines or amendments provided for under this section in 
     accordance with the procedures set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that Act had not expired.

     SEC. 309. ASSISTANCE TO FEDERAL, STATE, AND LOCAL COMPUTER 
                   CRIME ENFORCEMENT AND ESTABLISHMENT OF NATIONAL 
                   CYBER CRIME TECHNICAL SUPPORT CENTER.

       (a) National Cyber Crime Technical Support Center.--
       (1) Construction required.--The Director of the Federal 
     Bureau of Investigation shall provide for the construction 
     and equipping of the technical support center of the Federal 
     Bureau of Investigation referred to in section 811(a)(1)(A) 
     of the Antiterrorism and Effective Death Penalty Act of 1996 
     (Public Law 104-132; 110 Stat. 1312; 28 U.S.C. 531 note).
       (2) Naming.--The technical support center constructed and 
     equipped under paragraph (1) shall be known as the ``National 
     Cyber Crime Technical Support Center''.
       (3) Functions.--In addition to any other authorized 
     functions, the functions of the National Cyber Crime 
     Technical Support Center shall be--
       (A) to serve as a centralized technical resource for 
     Federal, State, and local law enforcement and to provide 
     technical assistance in the investigation of computer-related 
     criminal activities;
       (B) to assist Federal, State, and local law enforcement in 
     enforcing Federal, State, and local criminal laws relating to 
     computer-related crime;
       (C) to provide training and education for Federal, State, 
     and local law enforcement personnel regarding investigative 
     technologies and forensic analyses pertaining to computer-
     related crime;
       (D) to conduct research and to develop technologies for 
     assistance in investigations and forensic analyses of 
     evidence related to computer-related crimes;
       (E) to facilitate and promote efficiencies in the sharing 
     of Federal law enforcement expertise, investigative 
     technologies, and forensic analysis pertaining to computer-
     related crime with State and local law enforcement personnel, 
     prosecutors, regional computer forensic laboratories, and 
     multijurisdictional computer crime task forces; and
       (F) to carry out such other activities as the Director 
     considers appropriate.
       (b) Development and Support of Computer Forensic 
     Activities.--The Director shall, in consultation with the 
     heads of other Federal law enforcement agencies, take 
     appropriate actions to develop at least 10 regional computer 
     forensic laboratories, and to provide support, education, and 
     assistance for existing computer forensic laboratories, in 
     order that such computer forensic laboratories have the 
     capability--
       (1) to provide forensic examinations with respect to seized 
     or intercepted computer evidence relating to criminal 
     activity;
       (2) to provide training and education for Federal, State, 
     and local law enforcement personnel and prosecutors regarding 
     investigations, forensic analyses, and prosecutions of 
     computer-related crime;
       (3) to assist Federal, State, and local law enforcement in 
     enforcing Federal, State, and local criminal laws relating to 
     computer-related crime;
       (4) to facilitate and promote the sharing of Federal law 
     enforcement expertise and information about the 
     investigation, analysis, and prosecution of computer-related 
     crime with State and local law enforcement personnel and 
     prosecutors, including the use of multijurisdictional task 
     forces; and
       (5) to carry out such other activities as the Attorney 
     General considers appropriate.
       (c) Authorization of Appropriations.--
       (1) Authorization.--There is hereby authorized to be 
     appropriated for fiscal year

[[Page S11935]]

     2001, $100,000,000 for purposes of carrying out this section, 
     of which $20,000,000 shall be available solely for activities 
     under subsection (b).
       (2) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations in paragraph (1) shall remain 
     available until expended.
       Amend the title to read as follows: ``To provide a national 
     medal for public safety officers who act with extraordinary 
     valor above and beyond the call of duty, to enhance computer 
     crime enforcement and Internet security, and for other 
     purposes.''.
                                 ______
                                 

         HAWAIIAN NATIONAL PARK LANGUAGE CORRECTION ACT OF 1999

                                 ______
                                 

              MURKOWSKI (AND BINGAMAN) AMENDMENT NO. 4367

  Mr. STEVENS (for Mr. Murkowski and Mr. Bingaman) proposed an 
amendment to the bill (S. 939) to correct spelling errors in the 
statutory designations of Hawaiian National Parks; as follows:

       On page 2, strike lines 1 and 2 and insert the following:

   ``TITLE I--CORRECTION IN DESIGNATIONS OF HAWAIIAN NATIONAL PARKS.

     ``SEC. 101. CORRECTIONS IN DESIGNATIONS OF HAWAIIAN NATIONAL 
                   PARKS.''.

       On page 4, line 17, strike ``SEC. 3'' and insert ``SEC. 
     102''.
       At the end of the bill add the following new titles:

             ``TITLE II--PEOPLING OF AMERICA THEME STUDY''

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Peopling of America Theme 
     Study Act''.

     SEC. 202. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) an important facet of the history of the United States 
     is the story of how the United States was populated;
       (2) the migration, immigration, and settlement of the 
     population of the United States--
       (A) is broadly termed the ``peopling of America''; and
       (B) is characterized by--
       (i) the movement of groups of people across external and 
     internal boundaries of the United Sates and territories of 
     the United States; and
       (ii) the interactions of those groups with each other and 
     with other populations;
       (3) each of those groups has made unique, important 
     contributions to American history, culture, art, and life;
       (4) the spiritual, intellectual, cultural, political, and 
     economic vitality of the United States is a result of the 
     pluralism and diversity of the American population;
       (5) the success of the United States in embracing and 
     accommodating diversity has strengthened the national fabric 
     and unified the United States in its values, institutions, 
     experiences, goals, and accomplishments;
       (6)(A) the National Park Service's official thematic 
     framework, revised in 1996, responds to the requirement of 
     section 1209 of the Civil War Sites Study Act of 1990 (16 
     U.S.C. 1a-5 note; Public Law 101-628), that ``the Secretary 
     shall ensure that the full diversity of American history and 
     prehistory are represented'' in the identification and 
     interpretation of historic properties by the National Park 
     Service; and
       (B) the thematic framework recognizes that ``people are the 
     primary agents of change'' and establishes the theme of human 
     population movement and change--or ``peopling places''--as a 
     primary thematic category for interpretation and 
     preservation; and
       (7) although there are approximately 70,000 listings on the 
     National Register of Historic Places, sites associated with 
     the exploration and settlement of the United States by a 
     broad range of cultures are not well represented.
       (b) Purposes.--The purposes of this title are--
       (1) to foster a much-needed understanding of the diversity 
     and contribution of the breadth of groups who have peopled 
     the United States; and
       (2) to strengthen the ability of the National Park Service 
     to include groups and events otherwise not recognized in the 
     peopling of the United States.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Theme study.--The term ``theme study'' means the 
     national historic landmark theme study required under section 
     4.
       (3) Peopling of america.--The term ``peopling of America'' 
     means the migration to and within, and the settlement of, the 
     United States.

     SEC. 204. THEME STUDY.

       (a) In General.--The Secretary shall prepare and submit to 
     Congress a national historic landmark theme study on the 
     peopling of America.
       (b) Purpose.--The purpose of the theme study shall be to 
     identify regions, areas, trails, districts, communities, 
     sites, buildings, structures, objects, organizations, 
     societies, and cultures that--
       (1) best illustrate and commemorate key events or decisions 
     affecting the peopling of America; and
       (2) can provide a basis for the preservation and 
     interpretation of the peopling of America that has shaped the 
     culture and society of the United States.
       (c) Idenfification and Designation of Potential New 
     National Historic Landmarks.--
       (1) In general.--The theme study shall identify and 
     recommend for designation new national historic landmarks.
       (2) List of appropriate sites.--The theme study shall--
       (A) include a list in order of importance or merit of the 
     most appropriate sites for national historic landmark 
     designation; and
       (B) encourage the nomination of other properties to the 
     National Register of Historic Places.
       (3) Designation.--On the basis of the theme study, the 
     Secretary shall designate new national historic landmarks.
       (d) National Park System.--
       (1) Identification of sites within current units.--The 
     theme study shall identify appropriate sites within units of 
     the National Park System at which the peopling of America may 
     be interpreted.
       (2) Identification of new sites.--On the basis of the theme 
     study, the Secretary shall recommend to Congress sites for 
     which studies for potential inclusion in the National Park 
     System should be authorized.
       (e) Continuing Authority.--After the date of submission to 
     Congress of the theme study, the Secretary shall, on a 
     continuing basis, as appropriate to interpret the peopling of 
     America--
       (1) evaluate, identify, and designate new national historic 
     landmarks; and
       (2) evaluate, identify, and recommend to Congress sites for 
     which studies for potential inclusion in the National Park 
     System should be authorized.
       (f) Public Education and Research.--
       (1) Linkages.--
       (A) Establishment.--On the basis of the theme study, the 
     Secretary may identify appropriate means for establishing 
     linkages--
       (i) between--
       (I) regions, areas, trails, districts, communities, sites, 
     buildings, structures, objects, organizations, societies, and 
     cultures identified under subsections (b) and (d); and
       (II) groups of people; and
       (ii) between--
       (I) regions, areas, districts, communities, sites, 
     buildings, structures, objects, organizations, societies, and 
     cultures identified under subsection (b); and
       (II) units of the National Park System identified under 
     subsection (d).
       (B) Purpose.--The purpose of the linkages shall be to 
     maximize opportunities for public education and scholarly 
     research on the peopling of America.
       (2) Cooperative arrangements.--On the basis of the theme 
     study, the Secretary shall, subject to the availability of 
     funds, enter into cooperative arrangements with State and 
     local governments, educational institutions, local historical 
     organizations, communities, and other appropriate entities to 
     preserve and interpret key sites in the peopling of America.
       (3) Educational initiatives.--
       (A) In general.--The documentation in the theme study shall 
     be used for broad educational initiatives such as--
       (i) popular publications;
       (ii) curriculum material such as the Teaching with Historic 
     Places program;
       (iii) heritage tourism products such as the National 
     Register of Historic Places Travel Itineraries program; and
       (iv) oral history and ethnographic programs.
       (B) Cooperative programs.--On the basis of the theme study, 
     the Secretary shall implement cooperative programs to 
     encourage the preservation and interpretation of the peopling 
     of America.

     SEC. 205. COOPERATIVE AGREEMENTS.

       The Secretary may enter into cooperative agreements with 
     educational institutions, professional associations, or other 
     entities knowledgeable about the peopling of America--
       (1) to prepare the theme study;
       (2) to ensure that the theme study is prepared in 
     accordance with generally accepted scholarly standards; and
       (3) to promote cooperative arrangements and programs 
     relating to the peopling of America.

     SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title.

      TITLE III--LITTLE SANDY RIVER WATERSHED PROTECTION, OREGON.

     SEC. 301. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE SANDY 
                   RIVER WATERSHED IN THE BULL RUN WATERSHED 
                   MANAGEMENT UNIT, OREGON.

       (a) In General.--Public Law 95-200 (16 U.S.C. 482b note) is 
     amended by striking section 1 and inserting the following:

     ``SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT 
                   UNIT; DEFINITION OF SECRETARY.

       ``(a) Establishment.--
       ``(1) In general.--There is established, subject to valid 
     existing rights, a special resources management unit in the 
     State of Oregon comprising approximately 98,272 acres, as 
     depicted on a map dated May 2000, and entitled ``Bull Run 
     Watershed Management Unit''.
       ``(2) Map.--The map described in paragraph (1) shall be on 
     file and available for public inspection in the offices of 
     the Regional Forester-Pacific Northwest Region, Forest 
     Service, Department of Agriculture, and in the

[[Page S11936]]

     offices of the State Director, Bureau of Land Management, 
     Department of the Interior.
       ``(3) Boundary adjustments.--Minor adjustments in the 
     boundaries of the unit may be made from time to time by the 
     Secretary after consultation with the city and appropriate 
     public notice and hearings.
       ``(b) Definition of Secretary.--In this Act, the term 
     ``Secretary'' means--
       ``(1) with respect to land administered by the Secretary of 
     Agriculture, the Secretary of Agriculture; and
       ``(2) with respect to land administered by the Secretary of 
     the Interior, the Secretary of the Interior.''.
       (b) Conforming and Technical Amendments.--
       (1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note) is 
     amended by striking ``Secretary of Agriculture'' each place 
     it appears (except subsection (b) of section 1, as added by 
     subsection (a), and except in the amendments made by 
     paragraph (2)) and inserting ``Secretary''.
       (2) Applicable Law.--
       (A) In general.--Section 2(a) of Public Law 95-200 (16 
     U.S.C. 482b note) is amended by striking ``applicable to 
     National Forest System lands'' and inserting ``applicable to 
     National Forest System land (in the case of land administered 
     by the Secretary of Agriculture) or applicable to land under 
     the administrative jurisdiction of the Bureau of Land 
     Management (in the case of land administered by the 
     Secretary of the Interior)''.
       (B) Management Plans.--The first sentence of section 2(c) 
     of Public Law 95-200 (16 U.S.C. 482b note) is amended--
       (i) by striking `subsection (a) and (b)' and inserting 
     `subsections (a) and (b)'; and
       (ii) by striking ``, through the maintenance'' and 
     inserting ``(in the case of land administered by the 
     Secretary of Agriculture) or section 202 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1712) (in the 
     case of land administered by the Secretary of the Interior), 
     through the maintenance''.

     SEC. 302. MANAGEMENT.

       (a) Timber Harvesting Restrictions.--Section 2(b) of Public 
     Law 95-200 (16 U.S.C. 482b note) is amended by striking 
     paragraph (1) and inserting the following:
       ``(1) In General.--Subject to paragraph (2), the Secretary 
     shall prohibit the cutting of trees on Federal land in the 
     entire unit, as designated in section 1 and depicted on the 
     map referred to in that section.''.
       (b) Repeal of Management Exception.--The Oregon Resource 
     Conservation Act of 1996 (division B of Public Law 104-208) 
     is amended by striking section 606 (110 Stat. 3009-543).
       (c) Repeal of Duplicative Enactment.--Section 1026 of 
     division I of the Omnibus Parks and Public Land Management 
     Act of 1996 (Public Law 104-333; 110 Stat. 4228) and the 
     amendments made by that section are repealed.
       (d) Water Rights.--Nothing in this section strengthens, 
     diminishes, or has any other effect on water rights held by 
     any person or entity.

     SEC. 303. LAND RECLASSIFICATION.

       (a) Within 6 months of the date of enactment of this title, 
     the Secretaries of Agriculture and Interior shall identify 
     any Oregon and California Railroad lands (O&C lands) subject 
     to the distribution provision of the Act of August 28, 1937 
     (chapter 876, title II, 50 Stat. 875; 43 U.S.C. sec. 1181f) 
     within the boundary of the special resources management area 
     described in section 1 of this title.
       (b) Within 18 months of the date of enactment of this 
     title, the Secretary of the Interior shall identify public 
     domain lands within the Medford, Roseburg, Eugene, Salem and 
     Coos Bay Districts and the Klamath Resource Area of the 
     Lakeview District of the Bureau of Land Management 
     approximately equal in size and condition as those lands 
     identified in subsection (a) but not subject to the Act of 
     August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 
     U.S.C. sec. 1181a-f). For purposes of this subsection, 
     ``public domain lands'' shall have the meaning given the term 
     ``public lands'' in section 103 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1702), but excluding 
     therefrom any lands managed pursuant to the Act of August 28, 
     1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 1181a-
     f).
       (c) Within 2 years after the date of enactment of this 
     title, the Secretary of the Interior shall submit to Congress 
     and publish in the Federal Register a map or maps identifying 
     those public domain lands pursuant to subsections (a) and (b) 
     of this section. After an opportunity for public comment, the 
     Secretary of the Interior shall complete an administrative 
     land reclassification such that those lands identified 
     pursuant to subsection (a) become public domain lands not 
     subject to the distribution provision of the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 
     1181f) and those lands identified pursuant to subsection (b) 
     become Oregon and California Railroad lands (O&C lands) 
     subject to the Act of August 28, 1937 (chapter 876, title II, 
     50 Stat. 875; 43 U.S.C. 1181a-f).

     SEC. 304. ENVIRONMENTAL RESTORATION.

       In order to further the purposes of this title, there is 
     hereby authorized to be appropriated $10,000,000 under the 
     provisions of section 323 of the FY 1999 Interior 
     Appropriations Act (P.L. 105-277) for Clackamas County, 
     Oregon, for watershed restoration, except timber extraction, 
     that protects or enhances water quality or relates to the 
     recovery of species listed pursuant to the Endangered Species 
     Act (P.L. 93-205) near the Bull Run Management Unit.

                          ____________________