I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Information

5 Infrastructure Protection Act of 1996’’.
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1 SEC. 2. COMPUTER CRIME.

2 Section 1030 of title 18, United States Code, is

3 amended—

4 (1) in subsection (a)—

5 (A) in paragraph (1)—

6 (i) by striking ‘‘knowingly accesses’’

7 and inserting ‘‘having knowingly accessed’’;

8 (ii) by striking ‘‘exceeds’’ and insert9 ing ‘‘exceeding’’;

10 (iii) by striking ‘‘obtains information’’

11 and inserting ‘‘having obtained informa12 tion’’;

13 (iv) by striking ‘‘the intent or’’;

14 (v) by striking ‘‘is to be used’’ and in15 serting ‘‘could be used’’; and

16 (vi) by inserting before the semicolon

17 at the end the following: ‘‘willfully commu18 nicates, delivers, transmits, or causes to be

19 communicated, delivered, or transmitted,

20 or attempts to communicate, deliver, trans21 mit or cause to be communicated, deliv22 ered, or transmitted the same to any per23 son not entitled to receive it, or willfully

24 retains the same and fails to deliver it to

25 the officer or employee of the United

26 States entitled to receive it’’;
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1 (B) in paragraph (2)—

2 (i) by striking ‘‘obtains information’’

3 and inserting ‘‘obtains—

4 ‘‘(A) information’’; and

5 (ii) by adding at the end the following

6 new subparagraphs:

7 ‘‘(B) information from any department or

8 agency of the United States; or

9 ‘‘(C) information from any protected com10 puter if the conduct involved an interstate or

11 foreign communication;’’;

12 (C) in paragraph (3)—

13 (i) by inserting ‘‘nonpublic’’ before

14 ‘‘computer of a department or agency’’;

15 (ii) by striking ‘‘adversely’’; and

16 (iii) by striking ‘‘the use of the Gov17 ernment’s operation of such computer’’

18 and inserting ‘‘that use by or for the Gov19 ernment of the United States’’;

20 (D) in paragraph (4)—

21 (i) by striking ‘‘Federal interest’’ and

22 inserting ‘‘protected’’; and

23 (ii) by inserting before the semicolon

24 the following: ‘‘and the value of such use
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1 is not more than $5,000 in any 1-year pe2 riod’’;

3 (E) by striking paragraph (5) and insert4 ing the following:

5 ‘‘(5)(A) knowingly causes the transmission of a

6 program, information, code, or command, and as a

7 result of such conduct, intentionally causes damage

8 without authorization, to a protected computer;

9 ‘‘(B) intentionally accesses a protected com10 puter without authorization, and as a result of such

11 conduct, recklessly causes damage; or

12 ‘‘(C) intentionally accesses a protected com13 puter without authorization, and as a result of such

14 conduct, causes damage;’’; and

15 (F) by inserting after paragraph (6) the

16 following new paragraph:

17 ‘‘(7) with intent to extort from any person,

18 firm, association, educational institution, financial

19 institution, government entity, or other legal entity,

20 any money or other thing of value, transmits in

21 interstate or foreign commerce any communication

22 containing any threat to cause damage to a pro23 tected computer;’’;

24 (2) in subsection (c)—
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1 (A) in paragraph (1), by striking ‘‘such

2 subsection’’ each place that term appears and

3 inserting ‘‘this section’’;

4 (B) in paragraph (2)—

5 (i) in subparagraph (A)—

6 (I) by inserting ‘‘, (a)(5)(C),’’

7 after ‘‘(a)(3)’’; and

8 (II) by striking ‘‘such sub9 section’’ and inserting ‘‘this section’’;

10 (ii) by redesignating subparagraph

11 (B) as subparagraph (C);

12 (iii) by inserting immediately after

13 subparagraph (A) the following:

14 ‘‘(B) a fine under this title or imprison15 ment for not more than 5 years, or both, in the

16 case of an offense under subsection (a)(2), if—

17 ‘‘(i) the offense was committed for

18 purposes of commercial advantage or pri19 vate financial gain;

20 ‘‘(ii) the offense was committed in

21 furtherance of any criminal or tortious act

22 in violation of the Constitution or laws of

23 the United States or of any State; or

24 ‘‘(iii) the value of the information ob25 tained exceeds $5,000;’’; and
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1 (iv) in subparagraph (C) (as redesig2 nated)—

3 (I) by striking ‘‘such subsection’’

4 and inserting ‘‘this section’’; and

5 (II) by adding ‘‘and’’ at the end;

6 (C) in paragraph (3)—

7 (i) in subparagraph (A)—

8 (I) by striking ‘‘(a)(4) or

9 (a)(5)(A)’’ and inserting ‘‘(a)(4),

10 (a)(5)(A), (a)(5)(B), or (a)(7)’’; and

11 (II) by striking ‘‘such sub12 section’’ and inserting ‘‘this section’’;

13 and

14 (ii) in subparagraph (B)—

15 (I) by striking ‘‘(a)(4) or (a)(5)’’

16 and inserting ‘‘(a)(4), (a)(5)(A),

17 (a)(5)(B), (a)(5)(C), or (a)(7)’’; and

18 (II) by striking ‘‘such sub19 section’’ and inserting ‘‘this section’’;

20 and

21 (D) by striking paragraph (4);

22 (3) in subsection (d), by inserting ‘‘subsections

23 (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and

24 (a)(6) of’’ before ‘‘this section.’’;

25 (4) in subsection (e)—
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1 (A) in paragraph (2)—

2 (i) by striking ‘‘Federal interest’’ and

3 inserting ‘‘protected’’;

4 (ii) in subparagraph (A), by striking

5 ‘‘the use of the financial institution’s oper6 ation or the Government’s operation of

7 such computer’’ and inserting ‘‘that use by

8 or for the financial institution or the Gov9 ernment’’; and

10 (iii) by striking subparagraph (B) and

11 inserting the following:

12 ‘‘(B) which is used in interstate or foreign

13 commerce or communication;’’;

14 (B) in paragraph (6), by striking ‘‘and’’ at

15 the end;

16 (C) in paragraph (7), by striking the pe17 riod at the end and inserting ‘‘; and’’; and

18 (D) by adding at the end the following new

19 paragraphs:

20 ‘‘(8) the term ‘damage’ means any impairment

21 to the integrity or availability of data, a program, a

22 system, or information, that—

23 ‘‘(A) causes loss aggregating at least

24 $5,000 in value during any 1-year period to one

25 or more individuals;
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1 ‘‘(B) modifies or impairs, or potentially

2 modifies or impairs, the medical examination,

3 diagnosis, treatment, or care of one or more in4 dividuals;

5 ‘‘(C) causes physical injury to any person;

6 or

7 ‘‘(D) threatens public health or safety; and

8 ‘‘(9) the term ‘government entity’ includes the

9 Government of the United States, any State or polit10 ical subdivision of the United States, any foreign

11 country, and any state, province, municipality, or

12 other political subdivision of a foreign country.’’; and

13 (5) in subsection (g)—

14 (A) by striking ‘‘, other than a violation of

15 subsection (a)(5)(B),’’; and

16 (B) by striking ‘‘of any subsection other

17 than subsection (a)(5)(A)(ii)(II)(bb) or

18 (a)(5)(B)(ii)(II)(bb)’’ and inserting ‘‘involving

19 damage as defined in subsection (e)(8)(A)’’.

20 SEC. 3. TRANSFER OF PERSONS FOUND NOT GUILTY BY

21 REASON OF INSANITY.

22 (a) AMENDMENT OF SECTION 4243 OF TITLE 18.—

23 Section 4243 of title 18, United States Code, is amended

24 by adding at the end the following new subsection:
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1 ‘‘(i) CERTAIN PERSONS FOUND NOT GUILTY BY

2 REASON OF INSANITY IN THE DISTRICT OF COLUMBIA.—

3 ‘‘(1) TRANSFER TO CUSTODY OF THE ATTOR4 NEY GENERAL.—Notwithstanding section 301(h) of

5 title 24 of the District of Columbia Code, and not6 withstanding subsection 4247(j) of this title, all per7 sons who have been committed to a hospital for the

8 mentally ill pursuant to section 301(d)(1) of title 24

9 of the District of Columbia Code, and for whom the

10 United States has continuing financial responsibility,

11 may be transferred to the custody of the Attorney

12 General, who shall hospitalize the person for treat13 ment in a suitable facility.

14 ‘‘(2) APPLICATION.—

15 ‘‘(A) IN GENERAL.—The Attorney General

16 may establish custody over such persons by fil17 ing an application in the United States District

18 Court for the District of Columbia, demonstrat19 ing that the person to be transferred is a per20 son described in this subsection.

21 ‘‘(B) NOTICE.—The Attorney General

22 shall, by any means reasonably designed to do

23 so, provide written notice of the proposed trans24 fer of custody to such person or such person’s

25 guardian, legal representative, or other lawful
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1 agent. The person to be transferred shall be af2 forded an opportunity, not to exceed 15 days, to

3 respond to the proposed transfer of custody,

4 and may, at the court’s discretion, be afforded

5 a hearing on the proposed transfer of custody.

6 Such hearing, if granted, shall be limited to a

7 determination of whether the constitutional

8 rights of such person would be violated by the

9 proposed transfer of custody.

10 ‘‘(C) ORDER.—Upon application of the At11 torney General, the court shall order the person

12 transferred to the custody of the Attorney Gen13 eral, unless, pursuant to a hearing under this

14 paragraph, the court finds that the proposed

15 transfer would violate a right of such person

16 under the United States Constitution.

17 ‘‘(D) EFFECT.—Nothing in this paragraph

18 shall be construed to—

19 ‘‘(i) create in any person a liberty in20 terest in being granted a hearing or notice

21 on any matter;

22 ‘‘(ii) create in favor of any person a

23 cause of action against the United States

24 or any officer or employee of the United

25 States; or
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1 ‘‘(iii) limit in any manner or degree

2 the ability of the Attorney General to

3 move, transfer, or otherwise manage any

4 person committed to the custody of the At5 torney General.

6 ‘‘(3) CONSTRUCTION WITH OTHER SECTIONS.—

7 Subsections (f) and (g) and section 4247 shall apply

8 to any person transferred to the custody of the At9 torney General pursuant to this subsection.’’.

10 (b) TRANSFER OF RECORDS.—Notwithstanding any

11 provision of the District of Columbia Code or any other

12 provision of law, the District of Columbia and St. Eliza13 beth’s Hospital—

14 (1) not later than 30 days after the date of en15 actment of this Act, shall provide to the Attorney

16 General copies of all records in the custody or con17 trol of the District or the Hospital on such date of

18 enactment pertaining to persons described in section

19 4243(i) of title 18, United States Code (as added by

20 subsection (a));

21 (2) not later than 30 days after the creation of

22 any records by employees, agents, or contractors of

23 the District of Columbia or of St. Elizabeth’s Hos24 pital pertaining to persons described in section

25 4243(i) of title 18, United States Code, provide to
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1 the Attorney General copies of all such records cre2 ated after the date of enactment of this Act;

3 (3) shall not prevent or impede any employee,

4 agent, or contractor of the District of Columbia or

5 of St. Elizabeth’s Hospital who has obtained knowl6 edge of the persons described in section 4243(i) of

7 title 18, United States Code, in the employee’s pro8 fessional capacity from providing that knowledge to

9 the Attorney General, nor shall civil or criminal li10 ability attach to such employees, agents, or contrac11 tors who provide such knowledge; and

12 (4) shall not prevent or impede interviews of

13 persons described in section 4243(i) of title 18,

14 United States Code, by representatives of the Attor15 ney General, if such persons voluntarily consent to

16 such interviews.

17 (c) CLARIFICATION OF EFFECT ON CERTAIN TESTI18 MONIAL PRIVILEGES.—The amendments made by this

19 section shall not be construed to affect in any manner any

20 doctor-patient or psychotherapist-patient testimonial privi21 lege that may be otherwise applicable to persons found not

22 guilty by reason of insanity and affected by this section.

23 (d) SEVERABILITY.—If any provision of this section,

24 an amendment made by this section, or the application

25 of such provision or amendment to any person or cir-
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1 cumstance is held to be unconstitutional, the remainder

2 of this section and the amendments made by this section

3 shall not be affected thereby.

4 SEC. 4. ESTABLISHING BOYS AND GIRLS CLUBS.

5 (a) FINDINGS AND PURPOSE.—

6 (1) FINDINGS.—The Congress finds that—

7 (A) the Boys and Girls Clubs of America,

8 chartered by an Act of Congress on December

9 10, 1991, during its 90-year history as a na10 tional organization, has proven itself as a posi11 tive force in the communities it serves;

12 (B) there are 1,810 Boys and Girls Clubs

13 facilities throughout the United States, Puerto

14 Rico, and the United States Virgin Islands,

15 serving 2,420,000 youths nationwide;

16 (C) 71 percent of the young people who

17 benefit from Boys and Girls Clubs programs

18 live in our inner cities and urban areas;

19 (D) Boys and Girls Clubs are locally run

20 and have been exceptionally successful in bal21 ancing public funds with private sector dona22 tions and maximizing community involvement;

23 (E) Boys and Girls Clubs are located in

24 289 public housing sites across the Nation;
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1 (F) public housing projects in which there

2 is an active Boys and Girls Club have experi3 enced a 25 percent reduction in the presence of

4 crack cocaine, a 22 percent reduction in overall

5 drug activity, and a 13 percent reduction in ju6 venile crime;

7 (G) these results have been achieved in the

8 face of national trends in which overall drug

9 use by youth has increased 105 percent since

10 1992 and 10.9 percent of the Nation’s young

11 people use drugs on a monthly basis; and

12 (H) many public housing projects and

13 other distressed areas are still underserved by

14 Boys and Girls Clubs.

15 (2) PURPOSE.—It is the purpose of this section

16 to provide adequate resources in the form of seed

17 money for the Boys and Girls Clubs of America to

18 establish 1,000 additional local Boys and Girls Clubs

19 in public housing projects and other distressed areas

20 by 2001.

21 (b) DEFINITIONS.—For purposes of this section—

22 (1) the terms ‘‘public housing’’ and ‘‘project’’

23 have the same meanings as in section 3(b) of the

24 United States Housing Act of 1937; and
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1 (2) the term ‘‘distressed area’’ means an urban,

2 suburban, or rural area with a high percentage of

3 high risk youth as defined in section 509A of the

4 Public Health Service Act (42 U.S.C. 290aa–8(f)).

5 (c) ESTABLISHMENT.—

6 (1) IN GENERAL.—For each of the fiscal years

7 1997, 1998, 1999, 2000, and 2001, the Director of

8 the Bureau of Justice Assistance of the Department

9 of Justice shall provide a grant to the Boys and

10 Girls Clubs of America for the purpose of establish11 ing Boys and Girls Clubs in public housing projects

12 and other distressed areas.

13 (2) CONTRACTING AUTHORITY.—Where appro14 priate, the Secretary of Housing and Urban Devel15 opment, in consultation with the Attorney General,

16 shall enter into contracts with the Boys and Girls

17 Clubs of America to establish clubs pursuant to the

18 grants under paragraph (1).

19 (d) REPORT.—Not later than May 1 of each fiscal

20 year for which amounts are made available to carry out

21 this Act, the Attorney General shall submit to the Com22 mittees on the Judiciary of the Senate and the House of

23 Representatives a report that details the progress made

24 under this Act in establishing Boys and Girls Clubs in

25 public housing projects and other distressed areas, and the
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1 effectiveness of the programs in reducing drug abuse and

2 juvenile crime.

3 (e) AUTHORIZATION OF APPROPRIATIONS.—

4 (1) IN GENERAL.—There are authorized to be

5 appropriated to carry out this section—

6 (A) $20,000,000 for fiscal year 1997;

7 (B) $20,000,000 for fiscal year 1998;

8 (C) $20,000,000 for fiscal year 1999;

9 (D) $20,000,000 for fiscal year 2000; and

10 (E) $20,000,000 for fiscal year 2001.

11 (2) VIOLENT CRIME REDUCTION TRUST

12 FUND.—The sums authorized to be appropriated by

13 this subsection may be made from the Violent Crime

14 Reduction Trust Fund.

Passed the Senate September 18, 1996.

Attest: KELLY D. JOHNSTON,

Secretary.