[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2215 Reported in House (RH)]






                                                  Union Calendar No. 70
107th CONGRESS
  1st Session
                                H. R. 2215

                          [Report No. 107-125]

 To authorize appropriations for the Department of Justice for fiscal 
                   year 2002, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2001

    Mr. Sensenbrenner (for himself and Mr. Conyers) introduced the 
  following bill; which was referred to the Committee on the Judiciary

                             July 10, 2001

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               19, 2001]

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the Department of Justice for fiscal 
                   year 2002, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``21st Century 
Department of Justice Appropriations Authorization Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002

Sec. 101. Specific sums authorized to be appropriated.
Sec. 102. Appointment of additional assistant United States attorneys; 
                            reduction of certain litigation positions.

                TITLE II--PERMANENT ENABLING PROVISIONS

Sec. 201. Permanent authority.
Sec. 202. Permanent authority relating to enforcement of laws.
Sec. 203. Notifications and reports to be provided simultaneously to 
                            committees.
Sec. 204. Miscellaneous uses of funds; technical amendments.
Sec. 205. Technical and miscellaneous amendments to Department of 
                            Justice authorities; authority to transfer 
                            property of marginal value; recordkeeping; 
                            protection of the Attorney General.
Sec. 206. Oversight; waste, fraud, and abuse of appropriations.
Sec. 207. Protection of the Attorney General.
Sec. 208. Enforcement of Federal criminal laws by Attorney General.
Sec. 209. Counterterrorism fund.

                        TITLE III--MISCELLANEOUS

Sec. 301. Repealers.
Sec. 302. Technical amendments to title 18 of the United States Code.
Sec. 303. Required submission of proposed authorization of 
                            appropriations for the Department of 
                            Justice for fiscal year 2003.
Sec. 304. Review of the Department of Justice.
Sec. 305. Study of untested rape examination kits.
Sec. 306. Report on carnivore.

                    TITLE IV--VIOLENCE AGAINST WOMEN

Sec. 401. Short title.
Sec. 402. Establishment of Violence Against Women Office.
Sec. 403. Duties and functions of Director of Violence Against Women 
                            Office.
Sec. 404. Staff of Violence Against Women Office.

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002

SEC. 101. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED.

    There are authorized to be appropriated for fiscal year 2002, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
            (1) General administration.--For General Administration: 
        $93,433,000.
            (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $178,499,000 for administration of pardon 
        and clemency petitions and for immigration-related activities.
            (3) Office of inspector general.--For the Office of 
        Inspector General: $55,000,000, which shall include for each 
        such fiscal year, not to exceed $10,000 to meet unforeseen 
        emergencies of a confidential character.
            (4) General legal activities.--For General Legal 
        Activities: $566,822,000, which shall include for each such 
        fiscal year--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals; and
                    (B) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character.
            (5) Antitrust division.--For the Antitrust Division: 
        $140,973,000.
            (6) United states attorneys.--For United States Attorneys: 
        $1,346,289,000.
            (7) Federal bureau of investigation.--For the Federal 
        Bureau of Investigation: $3,507,109,000, which shall include 
        for each such fiscal year--
                    (A) not to exceed $1,250,000 for construction, to 
                remain available until expended; and
                    (B) not to exceed $70,000 to meet unforeseen 
                emergencies of a confidential character.
            (8) United states marshals service.--For the United States 
        Marshals Service: $626,439,000, which shall include for each 
        such fiscal year not to exceed $6,621,000 for construction, to 
        remain available until expended.
            (9) Federal prison system.--For the Federal Prison System, 
        including the National Institute of Corrections: 
        $4,662,710,000.
            (10) Federal prisoner detention.--For the support of United 
        States prisoners in non-Federal institutions, as authorized by 
        section 4013(a) of title 18 of the United States Code: 
        $724,682,000, to remain available until expended.
            (11) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,480,929,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (12) Immigration and naturalization service.--For the 
        Immigration and Naturalization Service: $3,516,411,000, which 
        shall include--
                    (A) not to exceed $2,737,341,000 for salaries and 
                expenses of enforcement and border affairs (i.e., the 
                Border Patrol, deportation, intelligence, 
                investigations, and inspection programs, and the 
                detention program);
                    (B) not to exceed $650,660,000 for salaries and 
                expenses of citizenship and benefits (i.e., programs 
                not included under subparagraph (A));
                    (C) for each such fiscal year, not to exceed 
                $128,410,000 for construction, to remain available 
                until expended; and
                    (D) not to exceed $50,000 to meet unforeseen 
                emergencies of a confidential character.
            (13) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $156,145,000 to remain available until expended, 
        which shall include for each such fiscal year not to exceed 
        $6,000,000 for construction of protected witness safesites.
            (14) Interagency crime and drug enforcement.--For 
        Interagency Crime and Drug Enforcement: $338,106,000, for 
        expenses not otherwise provided for, for the investigation and 
        prosecution of persons involved in organized crime drug 
        trafficking, except that any funds obligated from 
        appropriations authorized by this paragraph may be used under 
        authorities available to the organizations reimbursed from such 
        funds.
            (15) Foreign claims settlement commission.--For the Foreign 
        Claims Settlement Commission: $1,130,000.
            (16) Community relations service.--For the Community 
        Relations Service: $9,269,000.
            (17) Assets forfeiture fund.--For the Assets Forfeiture 
        Fund: $22,949,000 for expenses authorized by section 524 of 
        title 28, United States Code.
            (18) United states parole commission.--For the United 
        States Parole Commission: $10,862,000.
            (19) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $1,718,000.
            (20) Joint automated booking system.--For expenses 
        necessary for the operation of the Joint Automated Booking 
        System: $15,957,000.
            (21) Narrowband communications.--For the costs of 
        conversion to narrowband communications, including the cost for 
        operation and maintenance of Land Mobile Radio legacy systems: 
        $104,606,000.
            (22) Radiation exposure compensation.--For administrative 
        expenses in accordance with the Radiation Exposure Compensation 
        Act: $1,996,000.
            (23) Counterterrorism fund.--For the Counterterrorism Fund 
        for necessary expenses, as determined by the Attorney General: 
        $4,989,000.
            (24) Office of justice programs.--For administrative 
        expenses not otherwise provided for, of the Office of Justice 
        Programs: $116,369,000.

SEC. 102. APPOINTMENT OF ADDITIONAL ASSISTANT UNITED STATES ATTORNEYS; 
              REDUCTION OF CERTAIN LITIGATION POSITIONS.

    (a) Appointments.--Not later than September 30, 2003, the Attorney 
General shall exercise authority under section 542 of title 28, United 
States Code, to appoint 200 assistant United States attorneys in 
addition to the number of assistant United States attorneys serving on 
the date of the enactment of this Act.
    (b) Selection of Appointees.--Individuals first appointed under 
subsection (a) may be appointed from among attorneys who are incumbents 
of 200 full-time litigation positions in divisions of the Department of 
Justice and whose official duty station is at the seat of Government.
    (c) Termination of Positions.--Each of the 200 litigation positions 
that become vacant by reason of an appointment made in accordance with 
subsections (a) and (b) shall be terminated at the time the vacancy 
arises.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for fiscal year 2002 to 
carry out this section.

                TITLE II--PERMANENT ENABLING PROVISIONS

SEC. 201. PERMANENT AUTHORITY.

    (a) In General.--Chapter 31 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 530C. Authority to use available funds
    ``(a) In General.--Except to the extent provided otherwise by law, 
the activities of the Department of Justice (including any bureau, 
office, board, division, commission, subdivision, unit, or other 
component thereof) may, in the reasonable discretion of the Attorney 
General, be carried out through any means, including--
            ``(1) through the Department's own personnel, acting 
        within, from, or through the Department itself;
            ``(2) by sending or receiving details of personnel to other 
        branches or agencies of the Federal Government, on a 
        reimbursable, partially-reimbursable, or nonreimbursable basis;
            ``(3) through reimbursable agreements with other Federal 
        agencies for work, materials, or equipment;
            ``(4) through contracts, grants, or cooperative agreements 
        with non-Federal parties; and
            ``(5) as provided in subsection (b), in section 524, and in 
        any other provision of law consistent herewith, including, 
        without limitation, section 102(b) of Public Law 102-395 (106 
        Stat. 1838), as incorporated by section 815(d) of Public Law 
        104-132 (110 Stat. 1315).
    ``(b) Permitted Uses.--
            ``(1) General permitted uses.--Funds available to the 
        Attorney General (i.e., all funds available to carry out the 
activities described in subsection (a)) may be used, without 
limitation, for the following:
                    ``(A) The purchase, lease, maintenance, and 
                operation of passenger motor vehicles, or police-type 
                motor vehicles for law enforcement purposes, without 
                regard to general purchase price limitation for the 
                then-current fiscal year.
                    ``(B) The purchase of insurance for motor vehicles, 
                boats, and aircraft operated in official Government 
                business in foreign countries.
                    ``(C) Services of experts and consultants, 
                including private counsel, as authorized by section 
                3109 of title 5, and at rates of pay for individuals 
                not to exceed the maximum daily rate payable from time 
                to time under section 5332 of
                title 5.
                    ``(D) Official reception and representation 
                expenses (i.e., official expenses of a social nature 
                intended in whole or in predominant part to promote 
                goodwill toward the Department or its missions, but 
                excluding expenses of public tours of facilities of the 
                Department of Justice), in accordance with 
                distributions and procedures established, and rules 
                issued, by the Attorney General, and expenses of public 
                tours of facilities of the Department of Justice.
                    ``(E) Unforeseen emergencies of a confidential 
                character, to be expended under the direction of the 
                Attorney General and accounted for solely on the 
                certificate of the Attorney General.
                    ``(F) Miscellaneous and emergency expenses 
                authorized or approved by the Attorney General, the 
                Deputy Attorney General, the Associate Attorney 
                General, or the Assistant Attorney General for 
                Administration.
                    ``(G) In accordance with procedures established and 
                rules issued by the Attorney General--
                            ``(i) attendance at meetings and seminars;
                            ``(ii) conferences and training; and
                            ``(iii) advances of public moneys under 
                        section 3324 of title 31: Provided, That travel 
                        advances of such moneys to law enforcement 
                        personnel engaged in undercover activity shall 
                        be considered to be public money for purposes 
                        of section 3527 of title 31.
                    ``(H) Contracting with individuals for personal 
                services abroad, except that such individuals shall not 
                be regarded as employees of the United States for the 
                purpose of any law administered by the Office of 
                Personnel Management.
                    ``(I) Payment of interpreters and translators who 
                are not citizens of the United States, in accordance 
                with procedures established and rules issued by the 
                Attorney General.
                    ``(J) Expenses or allowances for uniforms as 
                authorized by section 5901 of title 5, but without 
                regard to the general purchase price limitation for the 
                then-current fiscal year.
                    ``(K) Expenses of--
                            ``(i) primary and secondary schooling for 
                        dependents of personnel stationed outside the 
                        continental United States at cost not in excess 
                        of those authorized by the Department of 
                        Defense for the same area, when it is 
                        determined by the Attorney General that schools 
                        available in the locality are unable to provide 
                        adequately for the education of such 
                        dependents; and
                            ``(ii) transportation of those dependents 
                        between their place of residence and schools 
                        serving the area which those dependents would 
                        normally attend when the Attorney General, 
                        under such regulations as he may prescribe, 
                        determines that such schools are not accessible 
                        by public means of transportation.
            ``(2) Specific permitted uses.--
                    ``(A) Aircraft and boats.--Funds available to the 
                Attorney General for United States Attorneys, for the 
                Federal Bureau of Investigation, for the United States 
                Marshals Service, for the Drug Enforcement 
                Administration, and for the Immigration and 
                Naturalization Service may be used for the purchase, 
                lease, maintenance, and operation of aircraft and 
                boats, for law enforcement purposes.
                    ``(B) Purchase of ammunition and firearms; firearms 
                competitions.--Funds available to the Attorney General 
                for United States Attorneys, for the Federal Bureau of 
                Investigation, for the United States Marshals Service, 
                for the Drug Enforcement Administration, for the 
                Federal Prison System, for the Office of the Inspector 
                General, and for the Immigration and Naturalization 
                Service may be used for--
                            ``(i) the purchase of ammunition and 
                        firearms; and
                            ``(ii) participation in firearms 
                        competitions.
                    ``(C) Construction.--Funds available to the 
                Attorney General for construction may be used for 
                expenses of planning, designing, acquiring, building, 
                constructing, activating, renovating, converting, 
                expanding, extending, remodeling, equipping, repairing, 
                or maintaining buildings or facilities, including the 
                expenses of acquisition of sites therefor, and all 
                necessary expenses incident or related thereto; but the 
                foregoing shall not be construed to mean that funds 
                generally available for salaries and expenses are not 
                also available for certain incidental or minor 
                construction, activation, remodeling, maintenance, and 
                other related construction costs.
            ``(3) Fees and expenses of witnesses.--Funds available to 
        the Attorney General for fees and expenses of witnesses may be 
        used for--
                    ``(A) expenses, mileage, compensation, and per diem 
                in lieu of subsistence, of witnesses (including 
                advances of public money) and as authorized by section 
                1821 or other law, except that no witness may be paid 
more than 1 attendance fee for any 1 calendar day;
                    ``(B) fees and expenses of neutrals in alternative 
                dispute resolution proceedings, where the Department of 
                Justice is a party; and
                    ``(C) construction of protected witness safesites.
            ``(4) Federal bureau of investigation.--Funds available to 
        the Attorney General for the Federal Bureau of Investigation 
        for the detection, investigation, and prosecution of crimes 
        against the United States may be used for the conduct of all 
        its authorized activities.
            ``(5) Immigration and naturalization service.--Funds 
        available to the Attorney General for the Immigration and 
        Naturalization Service may be used for--
                    ``(A) acquisition of land as sites for enforcement 
                fences, and construction incident to such fences;
                    ``(B) cash advances to aliens for meals and lodging 
                en route;
                    ``(C) refunds of maintenance bills, immigration 
                fines, and other items properly returnable, except 
                deposits of aliens who become public charges and 
                deposits to secure payment of fines and passage money; 
                and
                    ``(D) expenses and allowances incurred in tracking 
                lost persons, as required by public exigencies, in aid 
                of State or local law enforcement agencies.
            ``(6) Federal prison system.--Funds available to the 
        Attorney General for the Federal Prison System may be used 
        for--
                    ``(A) inmate medical services and inmate legal 
                services, within the Federal prison system;
                    ``(B) the purchase and exchange of farm products 
                and livestock;
                    ``(C) the acquisition of land as provided in 
                section 4010 of title 18; and
                    ``(D) the construction of buildings and facilities 
                for penal and correctional institutions (including 
                prison camps), by contract or force account, including 
                the payment of United States prisoners for their work 
                performed in any such construction.
            ``(7) Detention trustee.--Funds available to the Attorney 
        General for the Detention Trustee may be used for all the 
        activities of such Trustee in the exercise of all power and 
        functions authorized by law relating to the detention of 
        Federal prisoners in non-Federal institutions or otherwise in 
        the custody of the United States Marshals Service and to the 
        detention of aliens in the custody of the Immigration and 
        Naturalization Service, including the overseeing of 
        construction of detention facilities or for housing related to 
        such detention, the management of funds appropriated to the 
        Department for the exercise of detention functions, and the 
        direction of the United States Marshals Service and Immigration 
        Service with respect to the exercise of detention policy 
        setting and operations for the Department of Justice.
    ``(c) Related Provisions.--
            ``(1) Limitation of compensation of individuals employed as 
        attorneys.--No funds available to the Attorney General may be 
        used to pay compensation for services provided by an individual 
        employed as an attorney (other than an individual employed to 
        provide services as a foreign attorney in special cases) unless 
        such individual is duly licensed and authorized to practice as 
        an attorney under the law of a State, a territory of the United 
        States, or the District of Columbia.
            ``(2) Reimbursements paid to governmental entities.--Funds 
        available to the Attorney General that are paid as 
        reimbursement to a governmental unit of the Department of 
        Justice, to another Federal entity, or to a unit of State or 
        local government, may be used under authorities available to 
        the unit or entity receiving such reimbursement.''.
    (b) Conforming Amendment.--The table of sections of chapter 31 of 
title 28, United States Code, is amended by adding at the end the 
following:

``530C. Authority to use available funds.''.

SEC. 202. PERMANENT AUTHORITY RELATING TO ENFORCEMENT OF LAWS.

    (a) In General.--Chapter 31 of title 28, United States Code (as 
amended by section 201), is amended by adding at the end the following:
``Sec. 530D. Report on enforcement of laws
    ``(a) Report.--
            ``(1) In general.--The Attorney General shall submit to the 
        Congress a report of any instance in which the Attorney General 
        or any officer of the Department of Justice--
                    ``(A) establishes or implements a formal or 
                informal policy to refrain--
                            ``(i) from enforcing, applying, or 
                        administering any provision of any Federal 
                        statute, rule, regulation, program, policy, or 
                        other law whose enforcement, application, or 
                        administration is within the responsibility of 
                        the Attorney General or such officer on the 
                        grounds that such provision is 
                        unconstitutional; or
                            ``(ii) within any judicial jurisdiction of 
                        or within the United States, from adhering to, 
                        enforcing, applying, or complying with, any 
                        standing rule of decision (binding upon courts 
                        of, or inferior to those of, that jurisdiction) 
                        established by a final decision of any court 
                        of, or superior to those of, that jurisdiction, 
                        respecting the interpretation, construction, or 
                        application of the Constitution or of any 
                        statute, rule, regulation, program, policy, or 
                        other law whose enforcement, application, or 
                        administration is within the responsibility of 
                        the Attorney General or such officer;
                    ``(B) determines--
                            ``(i) to contest affirmatively, in any 
                        judicial, administrative, or other proceeding, 
                        the constitutionality of any provision of any 
                        Federal statute, rule, regulation, program, 
                        policy, or other law; or
                            ``(ii) to refrain from defending or 
                        asserting, in any judicial, administrative, or 
                        other proceeding, the constitutionality of any 
                        provision of any Federal statute, rule, 
                        regulation, program, policy, or other law, or 
                        not to appeal or request review of any 
                        judicial, administrative, or other 
                        determination adversely affecting the 
                        constitutionality of any such provision; or
                    ``(C) approves (other than in circumstances in 
                which a report is submitted to the Joint Committee on 
                Taxation, pursuant to section 6405 of the Internal 
                Revenue Code of 1986) the settlement or compromise 
                (other than in bankruptcy) of any claim, suit, or other 
                action--
                            ``(i) against the United States (including 
                        any agency or instrumentality thereof) for a 
                        sum that exceeds, or is likely to exceed, 
                        $2,000,000; or
                            ``(ii) by the United States (including any 
                        agency or instrumentality thereof) pursuant to 
                        an agreement, consent decree, or order that 
                        provides injunctive or other nonmonetary relief 
                        that exceeds, or is likely to exceed, 3 years 
                        in duration.
            ``(2) Submission of report to the congress.--For the 
        purposes of paragraph (1), a report shall be considered to be 
        submitted to the Congress if the report is submitted to--
                    ``(A) the majority leader and minority leader of 
                the Senate;
                    ``(B) the Speaker, majority leader, and minority 
                leader of the House of Representatives;
                    ``(C) the chairman and ranking minority member of 
                the Committee on the Judiciary of the House of 
                Representatives and the chairman and ranking minority 
                member of the Committee on the Judiciary of the Senate; 
                and
                    ``(D) the Senate Legal Counsel and the General 
                Counsel of the House of Representatives.
    ``(b) Deadline.--A report shall be submitted--
            ``(1) under subsection (a)(1)(A), not later than 30 days 
        after the establishment or implementation of each policy;
            ``(2) under subsection (a)(1)(B), within such time as will 
        reasonably enable the House of Representatives and the Senate 
        to take action, separately or jointly, to intervene in timely 
        fashion in the proceeding, but in no event later than 30 days 
        after the making of each determination; and
            ``(3) under subsection (a)(1)(C), not later than 30 days 
        after the conclusion of each fiscal-year quarter, with respect 
        to all approvals occurring in such quarter.
    ``(c) Contents.--A report required by subsection (a) shall--
            ``(1) specify the date of the establishment or 
        implementation of the policy described in subsection (a)(1)(A), 
        of the making of the determination described in subsection 
        (a)(1)(B), or of each approval described in subsection 
        (a)(1)(C);
            ``(2) include a complete and detailed statement of the 
        relevant issues and background (including a complete and 
        detailed statement of the reasons for the policy or 
        determination, and the identity of the officer responsible for 
        establishing or implementing such policy, making such 
        determination, or approving such settlement or compromise), 
        except that--
                    ``(A) such details may be omitted as may be 
                absolutely necessary to prevent improper disclosure of 
                national-security- or classified information, or of any 
                information subject to the deliberative-process-, 
                executive-, attorney-work-product-, or attorney-client 
                privileges, if the fact of each such omission (and the 
                precise ground or grounds therefor) is clearly noted in 
                the statement: Provided, That this subparagraph shall 
                not be construed to deny to the Congress (including any 
                House, Committee, or agency thereof) any such omitted 
                details (or related information) that it lawfully may 
                seek, subsequent to the submission of the report; and
                    ``(B) the requirements of this paragraph shall be 
                deemed satisfied--
                            ``(i) in the case of an approval described 
                        in subsection (a)(1)(C)(i), if an unredacted 
                        copy of the entire settlement agreement and 
                        consent decree or order (if any) is provided, 
                        along with a statement indicating the legal and 
                        factual basis or bases for the settlement or 
                        compromise (if not apparent on the face of 
                        documents provided); and
                            ``(ii) in the case of an approval described 
                        in subsection (a)(1)(C)(ii), if an unredacted 
                        copy of the entire settlement agreement and 
                        consent decree or order (if any) is provided, 
                        along with a statement indicating the 
                        injunctive or other nonmonetary relief (if not 
                        apparent on the face of documents provided); 
                        and
            ``(3) in the case of a determination described in 
        subsection (a)(1)(B) or an approval described in subsection 
        (a)(1)(C), indicate the nature, tribunal, identifying 
        information, and status of the proceeding, suit, or action.
    ``(d) Declaration.--In the case of a determination described in 
subsection (a)(1)(B), the representative of the United States 
participating in the proceeding shall make a clear declaration in the 
proceeding that any position expressed as to the constitutionality of 
the provision involved is the position of the executive branch of the 
Federal Government (or, as applicable, of the President or of any 
executive agency or military department).
    ``(e) Applicability to the President and to Executive Agencies and 
Military Departments.--The reporting, declaration, and other provisions 
of this section relating to the Attorney General and other officers of 
the Department of Justice shall apply to the President, to the head of 
each executive agency or military department (as defined, respectively, 
in sections 105 and 102 of title 5, United States Code) that 
establishes or implements a policy described in subsection (a)(1)(A) or 
is authorized to conduct litigation, and to the officers of such 
executive agency.''.
    (b) Conforming Amendments.--
            (1) The table of sections for chapter 31 of title 28, 
        United States Code (as amended by section 201), is amended by 
        adding at the end the following:

``530D. Report on enforcement of laws.''.
            (2) Section 712 of Public Law 95-521 (92 Stat. 1883) is 
        amended by striking subsection (b).
            (3) Not later than 30 days after the date of the enactment 
        of this Act, the President shall advise the head of each 
        executive agency or military department (as defined, 
        respectively, in sections 105 and 102 of title 5, United States 
        Code) of the enactment of this section.
            (4)(A) Not later than 90 days after the date of the 
        enactment of this Act, the Attorney General (and, as 
        applicable, the President and the head of any executive agency 
        or military department described in subsection (e) of section 
        530D of title 28, United States Code, as added by subsection 
        (a)) shall submit to Congress a report (in accordance with 
        subsections (a), (c), and (e) of such section) on--
                    (i) all policies described in subsection (a)(1)(A) 
                of such section that were established or implemented 
                before the date of the enactment of this Act and were 
                in effect on such date;
                    (ii) all determinations described in subsection 
                (a)(1)(B) of such section that were made before the 
                date of the enactment of this Act and were in effect on 
                such date; and
                    (iii) all approvals described in subsection 
                (a)(1)(C) of such section that were made between 
                October 1, 1996, and the date of the enactment of this 
                Act.
            (B) If a determination described in subparagraph (A)(ii) 
        relates to any judicial, administrative, or other proceeding 
        that is pending in the 90-day period beginning on the date of 
        the enactment of this Act, with respect to any such 
        determination, then the report required by this paragraph shall 
        be submitted within such time as will reasonably enable the 
        House of Representatives and the Senate to take action, 
        separately or jointly, to intervene in timely fashion in the 
        proceeding, but not later than 30 days after the date of the 
        enactment of this Act.

SEC. 203. NOTIFICATIONS AND REPORTS TO BE PROVIDED SIMULTANEOUSLY TO 
              COMMITTEES.

    If the Attorney General or any officer of the Department of Justice 
(including any bureau, office, board, division, commission, 
subdivision, unit, or other component thereof) is required by any Act 
(which shall be understood to include any request or direction 
contained in any report of a committee of the Congress relating to an 
appropriations Act or in any statement of managers accompanying any 
conference report agreed to by the Congress) to provide a notice or 
report to any committee or subcommittee of the Congress (other than 
both the Committee on the Judiciary of the House of Representatives and 
the Committee on the Judiciary of the Senate), then such Act shall be 
deemed to require that a copy of such notice or report be provided 
simultaneously to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate.

SEC. 204. MISCELLANEOUS USES OF FUNDS; TECHNICAL AMENDMENTS.

    (a) Bureau of Justice Assistance Grant Programs.--Title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended--
            (1) in section 504(a) by striking ``502'' and inserting 
        ``501(b)'';
            (2) in section 506(a)(1) by striking ``participating'';
            (3) in section 510--
                    (A) in subsection (a)(3) by striking ``502'' 
                inserting ``501(b)''; and
                    (B) by adding at the end the following:
    ``(d) No grants or contracts under subsection (b) may be made, 
entered into, or used, directly or indirectly, to provide any security 
enhancements or any equipment to any non-governmental entity.''; and
            (4) in section 511 by striking ``503'' inserting 
        ``501(b)''.
    (b) Attorneys Specially Retained by the Attorney General.--The 3d 
sentence of section 515(b) of title 28, United States Code, is amended 
by striking ``at not more than $12,000''.

SEC. 205. TECHNICAL AND MISCELLANEOUS AMENDMENTS TO DEPARTMENT OF 
              JUSTICE AUTHORITIES; AUTHORITY TO TRANSFER PROPERTY OF 
              MARGINAL VALUE; RECORDKEEPING; PROTECTION OF THE ATTORNEY 
              GENERAL.

    (a) Section 524 of title 28, United States Code, is amended--
            (1) in subsection (a) by inserting ``to the Attorney 
        General'' after ``available'';
            (2) in paragraph (c)(1)--
                    (A) by striking the semicolon at the end of the 1st 
                subparagraph (I) and inserting a period;
                    (B) by striking the 2d subparagraph (I);
                    (C) by striking ``(A)(iv), (B), (F), (G), and (H)'' 
                in the 1st sentence following the 2d subparagraph (I) 
                and inserting ``(A)(ii), (B), (F), and (G),''; and
                    (D) by striking ``fund'' in the 3d sentence 
                following the 2d subparagraph (I) and inserting 
                ``Fund'';
            (3) in paragraph (c)(2)--
                    (A) by striking ``for information'' each place it 
                appears; and
                    (B) by striking ``$250,000'' the 2d and 3d places 
                it appears and inserting ``$500,000'';
            (4) in paragraph (c)(3) by striking ``(F)'' and inserting 
        ``(G)'';
            (5) in paragraph (c)(5) by striking ``Fund which'' and 
        inserting ``Fund, that'';
            (6) in subsection (c)(8)(A) by striking ``(A)(iv), (B), 
        (F), (G), and (H)'' and inserting ``(A)(ii), (B), (F), and 
        (G),''; and
            (7) in subsection (c)(9)(B)--
                    (A) by striking ``year 1997'' and inserting ``years 
                2002 and 2003''; and
                    (B) by striking ``Such transfer shall not'' and 
                inserting ``Each such transfer shall be subject to 
                satisfaction by the recipient involved of any 
                outstanding lien against the property transferred, but 
                no such transfer shall''.
    (b) Section 522 of title 28, United States Code, is amended by 
inserting ``(a)'' before ``The'', and by inserting at the end the 
following:
    ``(b) With respect to any data, records, or other information 
acquired, collected, classified, preserved, or published by the 
Attorney General for any statistical, research, or other aggregate 
reporting purpose beginning not later than 1 year after the date of 
enactment of 21st Century Department of Justice Appropriations 
Authorization Act and continuing thereafter, and notwithstanding any 
other provision of law, the same criteria shall be used (and shall be 
required to be used, as applicable) to classify or categorize offenders 
and victims (in the criminal context), and to classify or categorize 
actors and acted upon (in the noncriminal context).''.
    (c) Section 534(a)(3) of title 28, United States Code, is amended 
by adding ``and'' after the semicolon.
    (d) Section 509(3) of title 28, United States Code, is amended by 
striking the 2d period.
    (e) Section 533(2) of title 28, United States Code, is amended by 
inserting ``or the person of the Attorney General'' after 
``President''.

SEC. 206. OVERSIGHT; WASTE, FRAUD, AND ABUSE OF APPROPRIATIONS.

    (a) Section 529 of title 28, United States Code, is amended by 
inserting ``(a)'' before ``Beginning'', and by adding at the end the 
following:
    ``(b) The Attorney General shall, not later than February 2, 2003, 
and of every year thereafter, provide to the Committees on the 
Judiciary and Appropriations of each House of the Congress--
            ``(1) a report identifying and describing every grant, 
        cooperative agreement, or programmatic services contract that 
        was made, entered into, awarded, or extended, in the 
        immediately preceding fiscal year, by or on behalf of the 
        Office of Justice Programs (including any component or unit 
        thereof, and the Office of Community Oriented Policing 
        Services), and including, without limitation, for each such 
        grant, cooperative agreement, or contract: the term, the dollar 
        amount or value, a complete and detailed description of its 
        specific purpose or purposes, the names of all parties 
        (including, without limitation, any subgrantees or 
        subcontractors), the names of each unsuccessful applicant or 
        bidder (and a complete and detailed description of the 
        application or bid and the specific purpose or purposes 
        proposed), and the name of the contracting officer; and
            ``(2) a performance review of every grant, cooperative 
        agreement, or programmatic services contract made, entered 
        into, awarded, or extended by or on behalf of the Office of 
        Justice Programs (including any component or unit thereof, and 
        the Office of Community Oriented Policing Services) that was 
        terminated or that otherwise ended in the immediately preceding 
        fiscal year, and including, without limitation, for each such 
        grant, cooperative agreement, or contract: a complete and 
        detailed description of how the appropriated funds involved 
        actually were spent, complete and detailed statistics relating 
        to its performance, its specific purpose or purposes, and its 
        effectiveness, and a sworn, written declaration by each 
        grantee, contractor, subcontractor, and subgrantee that--
                    ``(A) the appropriated funds were spent for such 
                purpose or purposes, and only such purpose or purposes;
                    ``(B) the terms of the grant, cooperative 
                agreement, or contract were complied with; and
                    ``(C) all documentation necessary for conducting a 
                full and proper audit under generally accepted 
                accounting principles, and any (additional) 
                documentation that may have been required under the 
                grant, cooperative agreement, or contract, have been 
                kept in orderly fashion and will be preserved for not 
                less than 3 years from the date of such termination or 
                end.''.
    (b) Section 1913 of title 18, United States Code, is amended by 
striking ``to favor'' and inserting ``a jurisdiction, or an official of 
any government, to favor, adopt,'', by inserting ``, law, ratification, 
policy,'' after ``legislation'' every place it appears, by striking 
``by Congress'' the 2d place it appears, by inserting ``or such 
official'' before ``, through the proper'', by inserting ``, measure,'' 
before ``or resolution'', by striking ``Members of Congress on the 
request of any Member'' and inserting ``any such Member or official, at 
his request,'', by striking ``for legislation'' and inserting ``for any 
legislation'', and by moving ``, being an officer or employee of the 
United States or of any department or agency thereof,'' to immediately 
after ``; and''.
    (c) Section 1516(a) of title 18, United States Code, is amended by 
inserting ``, entity, or program'' after ``person'', and by inserting 
``grant, or cooperative agreement,'' after ``subcontract,''.
    (d) Section 112 of title I of section 101(b) of division A of 
Public Law 105-277 (112 Stat. 2681-67) is amended by striking ``fiscal 
year'' and all that follows through ``Justice--'', and inserting ``any 
fiscal year the Attorney General--''.
    (e) Section 2320(f) of title 18, United States Code, is amended--
            (1) by striking ``title 18'' each place it appears and 
        inserting ``this title''; and
            (2) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively;
            (3) by inserting ``(1)'' after ``(f)''; and
            (4) by adding at the end the following:
    ``(2) The report under paragraph (1), with respect to criminal 
infringement of copyright, shall include the following:
            ``(A) The number of infringement cases involving specific 
        types of works, such as audiovisual works, sound recordings, 
        business software, video games, books, and other types of 
        works.
            ``(B) The number of infringement cases involving an online 
        element.
            ``(C) The number and dollar amounts of fines assessed in 
        specific categories of dollar amounts, such as up to $500, from 
        $500 to $1,000, from $1,000 to $5,000, from $5,000 to $10,000, 
        and categories above $10,000.
            ``(D) The amount of restitution awarded.
            ``(E) Whether the sentences imposed were served.''.

SEC. 207. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY ATTORNEY GENERAL.

    Section 535 of title 28, United States Code, is amended in 
subsections (a) and (b), by replacing ``title 18'' with ``Federal 
criminal law'', and in subsection (b), by replacing ``or complaint'' 
with ``matter, or complaint witnessed, discovered, or'', and by 
inserting ``or the witness, discoverer, or recipient, as appropriate,'' 
after ``agency,''.

SEC. 208. COUNTERTERRORISM FUND.

    (a) Establishment; Availability.--There is hereby established in 
the Treasury of the United States a separate fund to be known as the 
``Counterterrorism Fund'', amounts in which shall remain available 
without fiscal year limitation--
            (1) to reimburse any Department of Justice component for 
        any costs incurred in connection with--
                    (A) reestablishing the operational capability of an 
                office or facility that has been damaged or destroyed 
                as the result of any domestic or international 
                terrorism incident;
                    (B) providing support to counter, investigate, or 
                prosecute domestic or international terrorism, 
                including, without limitation, paying rewards in 
                connection with these activities; and
                    (C) conducting terrorism threat assessments of 
                Federal agencies and their facilities; and
            (2) to reimburse any department or agency of the Federal 
        Government for any costs incurred in connection with detaining 
        in foreign countries individuals accused of acts of terrorism 
        that violate the laws of the United States.
    (b) No Effect on Prior Appropriations.--The amendment made by 
subsection (a) shall not affect the amount or availability of any 
appropriation to the Counterterrorism Fund made before the date of 
enactment of this Act.

                        TITLE III--MISCELLANEOUS

SEC. 301. REPEALERS.

    (a) Open-Ended Authorization of Appropriations for National 
Institute of Corrections.--Chapter 319 of title 18, United States Code, 
is amended by striking section 4353.
    (b) Open-Ended Authorization of Appropriations for United States 
Marshals Service.--Section 561 of title 28, United States Code, is 
amended by striking subsection (i).
    (c) Repeal of Violent Crime Reduction Trust Fund.--
            (1) Repealer.--Section 310001 of Public Law 103-322 is 
        repealed.
            (2) Conforming amendments.--
                    (A) Title 31 of the united states code.--Title 31 
                of the United States Code is amended--
                            (i) in section 1321(a) by striking 
                        paragraph (91), and
                            (ii) in section 1105(a) by striking 
                        paragraph (30).
                    (B) Availability of funds.--(i) Section 210603 of 
                the Violent Crime Control and Law Enforcement Act of 
                1994 (18 U.S.C. 922 note) is amended by striking 
                subsection (a).
                    (ii) Section 13(a) of Public Law 91-383 (16 U.S.C. 
                1a-7a(a)) is amended by striking ``out of the Violent 
                Crime Reduction Trust Fund,''.
                    (iii) Section 6(h)(1) of the Land and Water 
                Conservation Fund Act of 1965 (16 U.S.C. 460l-8(h)(1)) 
                is amended by striking ``, and from amounts 
                appropriated out of the Violent Crime Reduction Trust 
                Fund,''.
                    (iv) Section 241(i)(5) of the Immigration and 
                Nationality Act (8 U.S.C. 1231(i)(5)) is amended by 
                striking ``, of which'' and all that follows through 
                ``2000''.
                    (v) Sections 808 and 823 of the Antiterrorism and 
                Effective Death Penalty Act of 1996 (Public Law 104-
132; 110 Stat. 1310, 1317) are repealed.
                    (vi) The Drug-Free Prisons and Jails Act of 1998 
                (42 U.S.C. 3751 note) is amended by striking section 
                118.
                    (vii) Section 401(e) of the Economic Espionage Act 
                of 1996 (42 U.S.C. 13751 note) is amended by striking 
                paragraph (2).

SEC. 302. TECHNICAL AMENDMENTS TO TITLE 18 OF THE UNITED STATES CODE.

    Title 18 of the United States Code is amended--
            (1) in section 4041 by striking ``at a salary of $10,000 a 
        year'';
            (2) in section 4013--
                    (A) in subsection (a)--
                            (i) by replacing ``the support of United 
                        States prisoners'' with ``Federal prisoner 
                        detention'';
                            (ii) in paragraph (2) by adding ``and'' 
                        after ``hire;'';
                            (iii) in paragraph (3) by replacing 
                        ``entities; and'' with ``entities.''; and
                            (iv) in paragraph (4) by inserting ``The 
                        Attorney General, in support of Federal 
                        prisoner detainees in non-Federal institutions, 
                        is authorized to make payments, from funds 
                        appropriated for State and local law 
                        enforcement assistance, for'' before 
                        ``entering''; and
                    (B) by redesignating--
                            (i) subsections (b) and (c) as subsections 
                        (c) and (d); and
                            (ii) paragraph (a)(4) as subsection (b), 
                        and subparagraphs (A), (B), and (C), of such 
                        paragraph (a)(4) as paragraphs (1), (2), and 
                        (3) of such subsection (b); and
            (3) in section 209(a)--
                    (A) by striking ``or makes'' and inserting 
                ``makes''; and
                    (B) by striking ``supplements the salary of, any'' 
                and inserting ``supplements, the salary of any''.

SEC. 303. REQUIRED SUBMISSION OF PROPOSED AUTHORIZATION OF 
              APPROPRIATIONS FOR THE DEPARTMENT OF JUSTICE FOR FISCAL 
              YEAR 2003.

    When the President submits to the Congress the budget of the United 
States Government for fiscal year 2003, the President shall 
simultaneously submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate such 
proposed legislation authorizing appropriations for the Department of 
Justice for fiscal year 2003 as the Attorney General may judge 
necessary and expedient.

SEC. 304. REVIEW OF THE DEPARTMENT OF JUSTICE.

    (a) Appointment of Deputy Inspector General for the Federal Bureau 
of Investigation.--The Inspector General of the Department of Justice 
shall appoint a Deputy Inspector General for the Federal Bureau of 
Investigation who shall be responsible for supervising independent 
oversight of programs and operations of the Federal Bureau of 
Investigation until September 30, 2004.
    (b) Inspector General Oversight Plan for the Federal Bureau of 
Investigation.--Not later than 30 days after the date of the enactment 
of this Act, the Inspector General of the Department of Justice shall 
submit to the Congress a plan for oversight of the Federal Bureau of 
Investigation. The Inspector General shall consider the following 
activities for inclusion in such plan:
            (1) Financial systems.--Auditing the financial systems, 
        information technology systems, and computer security systems 
        of the Federal Bureau of Investigation.
            (2) Programs and processes.--Auditing and evaluating 
        programs and processes of the Federal Bureau of Investigation 
        to identify systemic weaknesses or implementation failures and 
        to recommend corrective action.
            (3) Internal affairs offices.--Reviewing the activities of 
        internal affairs offices of the Federal Bureau of 
        Investigation, including the Inspections Division and the 
        Office of Professional Responsibility.
            (4) Personnel.--Investigating allegations of serious 
        misconduct by personnel of the Federal Bureau of Investigation.
            (5) Other programs and operations.--Reviewing matters 
        relating to any other program or and operation of the Federal 
        Bureau of Investigation that the Inspector General determines 
        requires review.
            (6) Resources.--Identifying resources needed by the 
        Inspector General to implement such plan.
    (c) Review of Attorney General Order.--Not later than 30 days after 
the date of the enactment of this Act, the Attorney General shall--
            (1) review Attorney General Order 1931-94 (signed November 
        8, 1994); and
            (2) submit to the Congress a report stating whether the 
        Attorney General intends to rescind, to modify, or to take no 
        action affecting such order.

SEC. 305. STUDY OF UNTESTED RAPE EXAMINATION KITS.

    The Attorney General shall conduct a study to assess and report to 
Congress the number of untested rape examination kits that currently 
exist nationwide and shall submit to the Congress a report containing a 
summary of the results of such study. For the purpose of carrying out 
such study, the Attorney General shall attempt to collect information 
from all law enforcement jurisdictions in the United States.

SEC. 306. REPORT ON DCS 1000 (``CARNIVORE'').

    Not later than 30 days after the end of fiscal years 2001 and 2002, 
the Attorney General and the Director of the Federal Bureau of 
Investigation shall provide to the Judiciary Committees of the House of 
Representatives and Senate a report detailing--
            (1) the number of times DCS 1000 was used for surveillance 
        during the preceding fiscal year;
            (2) the Department of Justice official or officials who 
        approved each use of DCS 1000;
            (3) the criteria used by the Department of Justice 
        officials to review requests to use of DCS 1000;
            (4) a complete description of the process used to submit, 
        review, and approve requests to use DCS 1000;
            (5) the specific statutory authority relied on to use DCS 
        1000;
            (6) the court that authorized each use of DCS 1000;
            (7) the number of orders, warrants, or subpoenas applied 
        for, to authorize the use of DCS 1000;
            (8) the fact that the order, warrant, or subpoena was 
        granted as applied for, was modified, or was denied;
            (9) the offense specified in the order, warrant, subpoena, 
        or application; and
            (10) the nature of the facilities from which, or the place 
        where the contents of, electronic communications were to be 
        disclosed.

                    TITLE IV--VIOLENCE AGAINST WOMEN

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Violence Against Women Office 
Act''.

SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN OFFICE.

    (a) Office.--There is hereby established within the Department of 
Justice, under the general authority of the Attorney General, a 
Violence Against Women Office (in this title referred to as the 
``Office'').
    (b) Director.--The Office shall be headed by a Director (in this 
title referred to as the ``Director''), who shall be appointed by the 
President, by and with the advice and consent of the Senate. The 
Director shall report to the Attorney General through the Associate 
Attorney General. The Director shall have final authority for all 
grants, cooperative agreements, and contracts awarded by the Office. 
The Director shall not engage in any employment other than that of 
serving as the Director, nor shall the Director hold any office in, or 
act in any capacity for, any organization, agency, or institution with 
which the Office makes any contract or other arrangement under this 
title.

SEC. 403. DUTIES AND FUNCTIONS OF DIRECTOR OF VIOLENCE AGAINST WOMEN 
              OFFICE.

    (a) In General.--The Director shall have the following duties:
            (1) Serving as special counsel to the Attorney General on 
        the subject of violence against women.
            (2) Maintaining liaison with the judicial branches of the 
        Federal and State Governments on matters relating to violence 
        against women.
            (3) Providing information to the President, the Congress, 
        the judiciary, State and local governments, and the general 
        public on matters relating to violence against women.
            (4) Serving, at the request of the Attorney General or 
        Associate Attorney General, as the representative of the 
        Department of Justice on domestic task forces, committees, or 
        commissions addressing policy or issues relating to violence 
        against women.
            (5) Serving, at the request of the President, acting 
        through the Attorney General, as the representative of the 
        United States Government on human rights and economic justice 
        matters related to violence against women in international 
        forums, including, but not limited to, the United Nations.
            (6) Carrying out the functions of the Department of Justice 
        under the Violence Against Women Act of 1994 (title IV of 
        Public Law 103-322) and the amendments made by that Act, and 
        other functions of the Department of Justice on matters 
        relating to violence against women, including with respect to 
        those functions--
                    (A) the development of policy, protocols, and 
                guidelines;
                    (B) the development and management of grant 
                programs and other programs, and the provision of 
                technical assistance under such programs; and
                    (C) the award and termination of grants, 
                cooperative agreements, and contracts.
            (7) Providing technical assistance, coordination, and 
        support to--
                    (A) other elements of the Department of Justice, in 
                efforts to develop policy and to enforce Federal laws 
                relating to violence against women, including the 
                litigation of civil and criminal actions relating to 
                enforcing such laws;
                    (B) other Federal, State, and tribal agencies, in 
                efforts to develop policy, provide technical 
                assistance, and improve coordination among agencies 
                carrying out efforts to eliminate violence against 
                women, including Indian or indigenous women; and
                    (C) grantees, in efforts to combat violence against 
                women and to provide support and assistance to victims 
                of such violence.
            (8) Exercising such other powers and functions as may be 
        vested in the Director pursuant to this title or by delegation 
        of the Attorney General or Associate Attorney General.
            (9) Establishing such rules, regulations, guidelines, and 
        procedures as are necessary to carry out any function of the 
        Office.

SEC. 404. STAFF OF VIOLENCE AGAINST WOMEN OFFICE.

    The Attorney General shall ensure that the Director has adequate 
staff to support the Director in carrying out the Director's 
responsibilities under this title.




                                                  Union Calendar No. 70

107th CONGRESS

  1st Session

                               H. R. 2215

                          [Report No. 107-125]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for the Department of Justice for fiscal 
                   year 2002, and for other purposes.

_______________________________________________________________________

                             July 10, 2001

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed