S. 982 (104th): National Information Infrastructure Protection Act of 1996

104th Congress, 1995–1996. Text as of Sep 19, 1996 (Referred to House Committee).

Status & Summary | PDF | Source: GPO

S 982 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.