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[Congressional Record: December 15, 2000 (Senate)] [Page S11931-S11936] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr15de00pt2-204] 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. ____________________

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