[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2215 Reported in Senate (RS)]
Calendar No. 206
107th CONGRESS
1st Session
H.R. 2215
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2001
Received; read twice and referred to the Committee on the Judiciary
October 30, 2001
Reported by Mr. Leahy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``21st
Century Department of Justice Appropriations Authorization
Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002
<DELETED>Sec. 101. Specific sums authorized to be appropriated.
<DELETED>Sec. 102. Appointment of additional assistant United States
attorneys; reduction of certain litigation
positions.
<DELETED>TITLE II--PERMANENT ENABLING PROVISIONS
<DELETED>Sec. 201. Permanent authority.
<DELETED>Sec. 202. Permanent authority relating to enforcement of laws.
<DELETED>Sec. 203. Notifications and reports to be provided
simultaneously to committees.
<DELETED>Sec. 204. Miscellaneous uses of funds; technical amendments.
<DELETED>Sec. 205. Technical and miscellaneous amendments to Department
of Justice authorities; authority to
transfer property of marginal value;
recordkeeping; protection of the Attorney
General.
<DELETED>Sec. 206. Oversight; waste, fraud, and abuse of
appropriations.
<DELETED>Sec. 207. Enforcement of Federal criminal laws by Attorney
General.
<DELETED>Sec. 208. Counterterrorism fund.
<DELETED>TITLE III--MISCELLANEOUS
<DELETED>Sec. 301. Repealers.
<DELETED>Sec. 302. Technical amendments to title 18 of the United
States Code.
<DELETED>Sec. 303. Required submission of proposed authorization of
appropriations for the Department of
Justice for fiscal year 2003.
<DELETED>Sec. 304. Review of the Department of Justice.
<DELETED>Sec. 305. Study of untested rape examination kits.
<DELETED>Sec. 306. Report on DCS1000 (``Carnivore'').
<DELETED>Sec. 307. Study of allocation of litigating attorneys.
<DELETED>TITLE IV--VIOLENCE AGAINST WOMEN
<DELETED>Sec. 401. Short title.
<DELETED>Sec. 402. Establishment of Violence Against Women Office.
<DELETED>TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2002</DELETED>
<DELETED>SEC. 101. SPECIFIC SUMS AUTHORIZED TO BE
APPROPRIATED.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) General administration.--For General
Administration: $93,433,000.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) General legal activities.--For General Legal
Activities: $566,822,000, which shall include for each such
fiscal year--</DELETED>
<DELETED> (A) not less than $4,000,000 for the
investigation and prosecution of denaturalization and
deportation cases involving alleged Nazi war criminals;
and</DELETED>
<DELETED> (B) not to exceed $20,000 to meet
unforeseen emergencies of a confidential
character.</DELETED>
<DELETED> (5) Antitrust division.--For the Antitrust
Division: $140,973,000.</DELETED>
<DELETED> (6) United states attorneys.--For United States
Attorneys: $1,346,289,000.</DELETED>
<DELETED> (7) Federal bureau of investigation.--For the
Federal Bureau of Investigation: $3,507,109,000, which shall
include for each such fiscal year--</DELETED>
<DELETED> (A) not to exceed $1,250,000 for
construction, to remain available until expended;
and</DELETED>
<DELETED> (B) not to exceed $70,000 to meet
unforeseen emergencies of a confidential
character.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (9) Federal prison system.--For the Federal Prison
System, including the National Institute of Corrections:
$4,662,710,000.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (12) Immigration and naturalization service.--For
the Immigration and Naturalization Service: $3,516,411,000,
which shall include--</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (B) not to exceed $650,660,000 for
salaries and expenses of citizenship and benefits
(i.e., programs not included under subparagraph
(A));</DELETED>
<DELETED> (C) for each such fiscal year, not to
exceed $128,410,000 for construction, to remain
available until expended; and</DELETED>
<DELETED> (D) not to exceed $50,000 to meet
unforeseen emergencies of a confidential
character.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (15) Foreign claims settlement commission.--For
the Foreign Claims Settlement Commission: $1,130,000.</DELETED>
<DELETED> (16) Community relations service.--For the
Community Relations Service: $9,269,000.</DELETED>
<DELETED> (17) Assets forfeiture fund.--For the Assets
Forfeiture Fund: $22,949,000 for expenses authorized by section
524 of title 28, United States Code.</DELETED>
<DELETED> (18) United states parole commission.--For the
United States Parole Commission: $10,862,000.</DELETED>
<DELETED> (19) Federal detention trustee.--For the necessary
expenses of the Federal Detention Trustee:
$1,718,000.</DELETED>
<DELETED> (20) Joint automated booking system.--For expenses
necessary for the operation of the Joint Automated Booking
System: $15,957,000.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (22) Radiation exposure compensation.--For
administrative expenses in accordance with the Radiation
Exposure Compensation Act: $1,996,000.</DELETED>
<DELETED> (23) Counterterrorism fund.--For the
Counterterrorism Fund for necessary expenses, as determined by
the Attorney General: $4,989,000.</DELETED>
<DELETED> (24) Office of justice programs.--For
administrative expenses not otherwise provided for, of the
Office of Justice Programs: $116,369,000.</DELETED>
<DELETED>SEC. 102. APPOINTMENT OF ADDITIONAL ASSISTANT UNITED STATES
ATTORNEYS; REDUCTION OF CERTAIN LITIGATION
POSITIONS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out this
section.</DELETED>
<DELETED>TITLE II--PERMANENT ENABLING PROVISIONS</DELETED>
<DELETED>SEC. 201. PERMANENT AUTHORITY.</DELETED>
<DELETED> (a) In General.--Chapter 31 of title 28, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 530C. Authority to use available funds</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(1) through the Department's own personnel,
acting within, from, or through the Department
itself;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) through reimbursable agreements with other
Federal agencies for work, materials, or equipment;</DELETED>
<DELETED> ``(4) through contracts, grants, or cooperative
agreements with non-Federal parties; and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(b) Permitted Uses.--</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) The purchase of insurance for motor
vehicles, boats, and aircraft operated in official
Government business in foreign countries.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(G) In accordance with procedures
established and rules issued by the Attorney General--
</DELETED>
<DELETED> ``(i) attendance at meetings and
seminars;</DELETED>
<DELETED> ``(ii) conferences and training;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(K) Expenses of--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Specific permitted uses.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the purchase of ammunition
and firearms; and</DELETED>
<DELETED> ``(ii) participation in firearms
competitions.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Fees and expenses of witnesses.--Funds
available to the Attorney General for fees and expenses of
witnesses may be used for--</DELETED>
<DELETED> ``(A) expenses, mileage, compensation,
protection, 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;</DELETED>
<DELETED> ``(B) fees and expenses of neutrals in
alternative dispute resolution proceedings, where the
Department of Justice is a party; and</DELETED>
<DELETED> ``(C) construction of protected witness
safesites.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Immigration and naturalization service.--
Funds available to the Attorney General for the Immigration and
Naturalization Service may be used for--</DELETED>
<DELETED> ``(A) acquisition of land as sites for
enforcement fences, and construction incident to such
fences;</DELETED>
<DELETED> ``(B) cash advances to aliens for meals
and lodging en route;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) expenses and allowances incurred in
tracking lost persons, as required by public
exigencies, in aid of State or local law enforcement
agencies.</DELETED>
<DELETED> ``(6) Federal prison system.--Funds available to
the Attorney General for the Federal Prison System may be used
for--</DELETED>
<DELETED> ``(A) inmate medical services and inmate
legal services, within the Federal prison
system;</DELETED>
<DELETED> ``(B) the purchase and exchange of farm
products and livestock;</DELETED>
<DELETED> ``(C) the acquisition of land as provided
in section 4010 of title 18; and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED>except that no funds may be used to distribute or make
available to a prisoner any commercially published information
or material that is sexually explicit or features
nudity.</DELETED>
<DELETED> ``(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 the
Immigration and Naturalization Service with respect to the
exercise of detention policy setting and operations for the
Department of Justice.</DELETED>
<DELETED> ``(c) Related Provisions.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``530C. Authority to use available funds.''.
<DELETED>SEC. 202. PERMANENT AUTHORITY RELATING TO ENFORCEMENT OF
LAWS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 530D. Report on enforcement of laws</DELETED>
<DELETED> ``(a) Report.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) establishes or implements a formal
or informal policy to refrain--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) determines--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) by the United States
(including any agency or instrumentality
thereof) pursuant to an agreement, consent
decree, or order (or pursuant to any
modification of an agreement, consent decree,
or order) that provides injunctive or other
nonmonetary relief that exceeds, or is likely
to exceed, 3 years in duration.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) the majority leader and minority
leader of the Senate;</DELETED>
<DELETED> ``(B) the Speaker, majority leader, and
minority leader of the House of
Representatives;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) the Senate Legal Counsel and the
General Counsel of the House of
Representatives.</DELETED>
<DELETED> ``(b) Deadline.--A report shall be submitted--</DELETED>
<DELETED> ``(1) under subsection (a)(1)(A), not later than
30 days after the establishment or implementation of each
policy;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Contents.--A report required by subsection (a)
shall--</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) the requirements of this paragraph
shall be deemed satisfied--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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 and 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.''.</DELETED>
<DELETED> (b) Conforming Amendments.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``530D. Report on enforcement of laws.''.
<DELETED> (2) Section 712 of Public Law 95-521 (92 Stat.
1883) is amended by striking subsection (b).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 203. NOTIFICATIONS AND REPORTS TO BE PROVIDED
SIMULTANEOUSLY TO COMMITTEES.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 204. MISCELLANEOUS USES OF FUNDS; TECHNICAL
AMENDMENTS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in section 504(a) by striking ``502'' and
inserting ``501(b)'';</DELETED>
<DELETED> (2) in section 506(a)(1) by striking
``participating'';</DELETED>
<DELETED> (3) in section 510--</DELETED>
<DELETED> (A) in subsection (a)(3) by striking
``502'' inserting ``501(b)''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(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
that is not engaged in law enforcement or law enforcement support,
criminal or juvenile justice, or delinquency prevention.'';
and</DELETED>
<DELETED> (4) in section 511 by striking ``503'' inserting
``501(b)''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 205. TECHNICAL AND MISCELLANEOUS AMENDMENTS TO DEPARTMENT
OF JUSTICE AUTHORITIES; AUTHORITY TO TRANSFER PROPERTY OF
MARGINAL VALUE; RECORDKEEPING; PROTECTION OF THE ATTORNEY
GENERAL.</DELETED>
<DELETED> (a) Section 524 of title 28, United States Code, is
amended--</DELETED>
<DELETED> (1) in subsection (a) by inserting ``to the
Attorney General'' after ``available'';</DELETED>
<DELETED> (2) in paragraph (c)(1)--</DELETED>
<DELETED> (A) by striking the semicolon at the end
of the 1st subparagraph (I) and inserting a
period;</DELETED>
<DELETED> (B) by striking the 2d subparagraph
(I);</DELETED>
<DELETED> (C) by striking ``(A)(iv), (B), (F), (G),
and (H)'' in the 1st sentence following the 2d
subparagraph (I) and inserting ``(B), (F), and (G),'';
and</DELETED>
<DELETED> (D) by striking ``fund'' in the 3d
sentence following the 2d subparagraph (I) and
inserting ``Fund'';</DELETED>
<DELETED> (3) in paragraph (c)(2)--</DELETED>
<DELETED> (A) by striking ``for information'' each
place it appears; and</DELETED>
<DELETED> (B) by striking ``$250,000'' the 2d and 3d
places it appears and inserting ``$500,000'';</DELETED>
<DELETED> (4) in paragraph (c)(3) by striking ``(F)'' and
inserting ``(G)'';</DELETED>
<DELETED> (5) in paragraph (c)(5) by striking ``Fund which''
and inserting ``Fund, that'';</DELETED>
<DELETED> (6) in subsection (c)(8)(A) by striking ``(A)(iv),
(B), (F), (G), and (H)'' and inserting ``(B), (F), and (G),'';
and</DELETED>
<DELETED> (7) in subsection (c)(9)(B)--</DELETED>
<DELETED> (A) by striking ``year 1997'' and
inserting ``years 2002 and 2003''; and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Section 522 of title 28, United States Code, is
amended by inserting ``(a)'' before ``The'', and by inserting at the
end the following:</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (c) Section 534(a)(3) of title 28, United States Code, is
amended by adding ``and'' after the semicolon.</DELETED>
<DELETED> (d) Section 509(3) of title 28, United States Code, is
amended by striking the 2d period.</DELETED>
<DELETED> (e) Section 533(2) of title 28, United States Code, is
amended by inserting ``or the person of the Attorney General'' after
``President''.</DELETED>
<DELETED>SEC. 206. OVERSIGHT; WASTE, FRAUD, AND ABUSE OF
APPROPRIATIONS.</DELETED>
<DELETED> (a) Section 529 of title 28, United States Code, is
amended by inserting ``(a)'' before ``Beginning'', and by adding at the
end the following:</DELETED>
<DELETED> ``(b) Notwithstanding any provision of law limiting the
amount of management or administrative expenses, the Attorney General
shall, not later than May 2, 2003, and of every year thereafter,
prepare and provide to the Committees on the Judiciary and
Appropriations of each House of the Congress using funds available for
the underlying programs--</DELETED>
<DELETED> ``(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, the
names of each unsuccessful applicant or bidder (and a complete
and detailed description of the specific purpose or purposes
proposed of the application or bid), except that such
description may be summary with respect to each application or
bid having a total value of less than $350,000; and</DELETED>
<DELETED> ``(2) a report identifying and reviewing every
grant, cooperative agreement, or programmatic services contract
made, entered into, awarded, or extended after October 1, 2002,
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 closed out or that
otherwise ended in the immediately preceding fiscal year (or
even if not yet closed out, was terminated or otherwise ended
in the fiscal year that ended 2 years before the end of such
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 written
declaration by each non-Federal grantee and each non-Federal
party to such agreement or to such contract, that--</DELETED>
<DELETED> ``(A) the appropriated funds were spent
for such purpose or purposes, and only such purpose or
purposes;</DELETED>
<DELETED> ``(B) the terms of the grant, cooperative
agreement, or contract were complied with;
and</DELETED>
<DELETED> ``(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 close out,
termination, or end;</DELETED>
<DELETED>except that the requirement of this paragraph shall be
deemed satisfied with respect to any such description,
statistics, or declaration if such non-Federal grantee or such
non-Federal party shall have failed to provide the same to the
Attorney General, and the Attorney General notes the fact of
such failure and the name of such grantee or such party in the
report.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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--''.</DELETED>
<DELETED> (e) Section 2320(f) of title 18, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``title 18'' each place it appears
and inserting ``this title''; and</DELETED>
<DELETED> (2) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;</DELETED>
<DELETED> (3) by inserting ``(1)'' after ``(f)'';
and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(2) The report under paragraph (1), with respect to
criminal infringement of copyright, shall include the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) The number of infringement cases involving
an online element.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(D) The amount of restitution awarded.</DELETED>
<DELETED> ``(E) Whether the sentences imposed were
served.''.</DELETED>
<DELETED>SEC. 207. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY ATTORNEY
GENERAL.</DELETED>
<DELETED> 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,''.</DELETED>
<DELETED>SEC. 208. COUNTERTERRORISM FUND.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) to reimburse any Department of Justice
component for any costs incurred in connection with--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) providing support to counter,
investigate, or prosecute domestic or international
terrorism, including, without limitation, paying
rewards in connection with these activities;
and</DELETED>
<DELETED> (C) conducting terrorism threat
assessments of Federal agencies and their facilities;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE III--MISCELLANEOUS</DELETED>
<DELETED>SEC. 301. REPEALERS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) Repeal of Violent Crime Reduction Trust Fund.--
</DELETED>
<DELETED> (1) Repealer.--Section 310001 of Public Law 103-
322 is repealed.</DELETED>
<DELETED> (2) Conforming amendments.--</DELETED>
<DELETED> (A) Title 31 of the united states code.--
Title 31 of the United States Code is amended--
</DELETED>
<DELETED> (i) in section 1321(a) by striking
paragraph (91), and</DELETED>
<DELETED> (ii) in section 1105(a) by
striking paragraph (30).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (vi) The Drug-Free Prisons and Jails Act
of 1998 (42 U.S.C. 3751 note) is amended by striking
section 118.</DELETED>
<DELETED> (vii) Section 401(e) of the Economic
Espionage Act of 1996 (42 U.S.C. 13751 note) is amended
by striking paragraph (2).</DELETED>
<DELETED>SEC. 302. TECHNICAL AMENDMENTS TO TITLE 18 OF THE UNITED
STATES CODE.</DELETED>
<DELETED> Title 18 of the United States Code is amended--</DELETED>
<DELETED> (1) in section 4041 by striking ``at a salary of
$10,000 a year'';</DELETED>
<DELETED> (2) in section 4013--</DELETED>
<DELETED> (A) in subsection (a)--</DELETED>
<DELETED> (i) by replacing ``the support of
United States prisoners'' with ``Federal
prisoner detention'';</DELETED>
<DELETED> (ii) in paragraph (2) by adding
``and'' after ``hire;'';</DELETED>
<DELETED> (iii) in paragraph (3) by
replacing ``entities; and'' with ``entities.'';
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) by redesignating--</DELETED>
<DELETED> (i) subsections (b) and (c) as
subsections (c) and (d); and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) in section 209(a)--</DELETED>
<DELETED> (A) by striking ``or makes'' and inserting
``makes''; and</DELETED>
<DELETED> (B) by striking ``supplements the salary
of, any'' and inserting ``supplements, the salary of
any''.</DELETED>
<DELETED>SEC. 303. REQUIRED SUBMISSION OF PROPOSED AUTHORIZATION OF
APPROPRIATIONS FOR THE DEPARTMENT OF JUSTICE FOR FISCAL
YEAR 2003.</DELETED>
<DELETED> 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 President may judge necessary and
expedient.</DELETED>
<DELETED>SEC. 304. REVIEW OF THE DEPARTMENT OF JUSTICE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) Financial systems.--Auditing the financial
systems, information technology systems, and computer security
systems of the Federal Bureau of Investigation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Personnel.--Investigating allegations of
serious misconduct by personnel of the Federal Bureau of
Investigation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) Resources.--Identifying resources needed by
the Inspector General to implement such plan.</DELETED>
<DELETED> (c) Review of Attorney General Order.--Not later than 30
days after the date of the enactment of this Act, the Attorney General
shall--</DELETED>
<DELETED> (1) review Attorney General Order 1931-94 (signed
November 8, 1994); and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 305. STUDY OF UNTESTED RAPE EXAMINATION KITS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 306. REPORT ON DCS 1000 (``CARNIVORE'').</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) the number of times DCS 1000 (or any similar
system or device) was used for surveillance during the
preceding fiscal year;</DELETED>
<DELETED> (2) the Department of Justice official or
officials who approved each use of DCS 1000 (or any similar
system or device);</DELETED>
<DELETED> (3) the criteria used by the Department of Justice
officials to review requests to use DCS 1000 (or any similar
system or device);</DELETED>
<DELETED> (4) a complete description of the process used to
submit, review, and approve requests to use DCS 1000 (or any
similar system or device);</DELETED>
<DELETED> (5) the specific statutory authority relied on to
use DCS 1000 (or any similar system or device);</DELETED>
<DELETED> (6) the court that authorized each use of DCS 1000
(or any similar system or device);</DELETED>
<DELETED> (7) the number of orders, warrants, or subpoenas
applied for, to authorize the use of DCS 1000 (or any similar
system or device);</DELETED>
<DELETED> (8) the fact that the order, warrant, or subpoena
was granted as applied for, was modified, or was
denied;</DELETED>
<DELETED> (9) the offense specified in the order, warrant,
subpoena, or application;</DELETED>
<DELETED> (10) the nature of the facilities from which, or
the place where the contents of, electronic communications were
to be disclosed; and</DELETED>
<DELETED> (11) any information gathered or accessed that was
not authorized by the court to be gathered or
accessed.</DELETED>
<DELETED>SEC. 307. STUDY OF ALLOCATION OF LITIGATING
ATTORNEYS.</DELETED>
<DELETED> Not later than 180 days after the date of the enactment of
this Act, the Attorney General shall submit a report to the chairman
and ranking minority member of the Committees on the Judiciary of the
House of Representatives and Committee on the Judiciary of the Senate,
detailing the distribution or allocation of appropriated funds,
attorneys and other personnel, per-attorney workloads, and number of
cases opened and closed, for each Office of United States Attorney and
each division of the Department of Justice except the Justice
Management Division.</DELETED>
<DELETED>TITLE IV--VIOLENCE AGAINST WOMEN</DELETED>
<DELETED>SEC. 401. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Violence Against Women
Office Act''.</DELETED>
<DELETED>SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN
OFFICE.</DELETED>
<DELETED> Part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended--</DELETED>
<DELETED> (1) in section 2002(d)(3)--</DELETED>
<DELETED> (A) by striking ``section 2005'' and
inserting ``section 2008''; and</DELETED>
<DELETED> (B) by striking ``section 2006'' and
inserting ``section 2009'';</DELETED>
<DELETED> (2) by redesignating sections 2002 through 2006 as
sections 2005 through 2009, respectively; and</DELETED>
<DELETED> (3) by inserting after section 2001 the
following:</DELETED>
<DELETED>``SEC. 2002. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN
OFFICE.</DELETED>
<DELETED> ``(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 part referred to as
the `Office').</DELETED>
<DELETED> ``(b) Director.--The Office shall be headed by a Director
(in this part 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 Assistant
Attorney General, and shall make reports to the Deputy Attorney General
as the Director deems necessary to fulfill the mission of the Office.
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 part.</DELETED>
<DELETED>``SEC. 2003. DUTIES AND FUNCTIONS OF DIRECTOR OF VIOLENCE
AGAINST WOMEN OFFICE.</DELETED>
<DELETED> ``(a) In General.--The Director shall have the following
duties:</DELETED>
<DELETED> ``(1) Serving as special counsel to the Attorney
General on the subject of violence against women.</DELETED>
<DELETED> ``(2) Maintaining liaison with the judicial
branches of the Federal and State Governments on matters
relating to violence against women.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Serving, at the request of the Attorney
General or Assistant 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.</DELETED>
<DELETED> ``(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 fora, including, but not limited to, the United
Nations.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the development of policy,
protocols, and guidelines;</DELETED>
<DELETED> ``(B) the development and management of
grant programs and other programs, and the provision of
technical assistance under such programs; and</DELETED>
<DELETED> ``(C) the award and termination of grants,
cooperative agreements, and contracts.</DELETED>
<DELETED> ``(7) Providing technical assistance,
coordination, and support to--</DELETED>
<DELETED> ``(A) other components 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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) grantees, in efforts to combat
violence against women and to provide support and
assistance to victims of such violence.</DELETED>
<DELETED> ``(8) Exercising such other powers and functions
as may be vested in the Director pursuant to this part or by
delegation of the Attorney General or Assistant Attorney
General.</DELETED>
<DELETED> ``(9) Establishing such rules, regulations,
guidelines, and procedures as are necessary to carry out any
function of the Office.</DELETED>
<DELETED>``SEC. 2004. STAFF OF VIOLENCE AGAINST WOMEN OFFICE.</DELETED>
<DELETED> The Attorney General shall ensure that the Director has
adequate staff to support the Director in carrying out the Director's
responsibilities under this part.''.</DELETED>
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.
Sec. 103. Authorization for additional Assistant United States
Attorneys for project safe neighborhoods.
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. Enforcement of Federal criminal laws by Attorney General.
Sec. 208. Counterterrorism fund.
Sec. 209. Strengthening law enforcement in United States territories,
commonwealths, and possessions.
Sec. 210. Additional authorities of the Attorney General.
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. Study of untested rape examination kits.
Sec. 305. Report on DCS 1000 (``carnivore'').
Sec. 306. Study of allocation of litigating attorneys.
Sec. 307. Use of truth-in-sentencing and violent offender incarceration
grants.
Sec. 308. Authority of the Department of Justice Inspector General.
Sec. 309. Report on Inspector General and Deputy Inspector General for
Federal Bureau of Investigation.
Sec. 310. Use of residential substance abuse treatment grants to
provide for services during and after
incarceration.
Sec. 311. Report on threats and assaults against Federal law
enforcement officers, United States judges,
United States officials and their families.
Sec. 312. Additional Federal judgeships.
TITLE IV--VIOLENCE AGAINST WOMEN
Sec. 401. Short title.
Sec. 402. Establishment of Violence Against Women Office.
Sec. 403. Jurisdiction.
Sec. 404. Director of Violence Against Women Office.
Sec. 405. Regulatory authorization.
Sec. 406. Office staff.
Sec. 407. Authorization of appropriations.
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, which shall include not less than $10,000,000
for the investigation and prosecution of intellectual property
crimes, including software counterfeiting crimes and crimes
identified in the No Electronic Theft (NET) Act (Public Law
105-147): provided, that such amounts in the appropriations
account ``General Legal Services'' as may be expended for such
investigations or prosecutions shall count towards this minimum
as though expended from this appropriations account.
(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: such sums as necessary.
(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 may 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 to carry out this section.
SEC. 103. AUTHORIZATION FOR ADDITIONAL ASSISTANT UNITED STATES
ATTORNEYS FOR PROJECT SAFE NEIGHBORHOODS.
(a) In General.--The Attorney General shall establish a program for
each United States Attorney to provide for coordination with State and
local law enforcement officials in the identification and prosecution
of violations of Federal firearms laws including school gun violence
and juvenile gun offenses.
(b) Authorization for Hiring 94 Additional Assistant United States
Attorneys.--There are authorized to be appropriated to carry out this
section $9,000,000 for fiscal year 2002 to hire an additional Assistant
United States Attorney in each United States Attorney Office.
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.
``(L) Payment of rewards (i.e., payments pursuant
to public advertisements for assistance to the
Department of Justice), in accordance with procedures
and regulations established or issued by the Attorney
General: provided that--
``(i) no such reward shall exceed
$2,000,000 (unless a statute should authorize a
higher amount);
``(ii) no such reward of $250,000 or more
may be made or offered without the personal
approval of either the Attorney General or the
President;
``(iii) the Attorney General shall give
written notice to the Chairmen and ranking
minority members of the Committees on
Appropriations and the Judiciary of the Senate
and of the House of Representatives not later
than 30 days after the approval of a reward
under clause (ii);
``(iv) any executive agency or military
department (as defined, respectively, in
sections 105 and 102 of title 5) may provide
the Attorney General with funds for the payment
of rewards; and
``(v) neither the failure of the Attorney
General to authorize a payment nor the amount
authorized shall be subject to judicial review.
``(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, protection,
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;
except that no funds may be used to distribute or make
available to a prisoner any commercially published information
or material that is sexually explicit or features nudity.
``(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.
``(d) Foreign Reimbursements.--Whenever the Department of Justice
or any component participates in a cooperative project to improve law
enforcement or national security operations or services with a friendly
foreign country on a cost-sharing basis, any reimbursements or
contributions received from that foreign country to meet its share of
the project may be credited to appropriate current appropriations
accounts of the Department of Justice or any component. The amount of a
reimbursement or contribution credited shall be available only for
payment of the share of the project expenses allocated to the
participating foreign country.
``(e) Railroad Police Training Fees.--The Attorney General is
authorized to establish and collect a fee to defray the costs of
railroad police officers participating in a Federal Bureau of
Investigation law enforcement training program authorized by Public Law
106-110, and to credit such fees to the appropriation account ``Federal
Bureau of Investigation, Salaries and Expenses'', to be available until
expended for salaries and expenses incurred in providing such services.
``(f) Warranty Work.--In instances where the Attorney General
determines that law enforcement-, security-, or mission-related
considerations mitigate against obtaining maintenance or repair
services from private sector entities for equipment under warranty, the
Attorney General is authorized to seek reimbursement from such entities
for warranty work performed at Department of Justice facilities, and to
credit any payment made for such work to any appropriation charged
therefor.''.
(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, 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 (on the grounds that the
provision is unconstitutional) 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, excluding prejudgment interest; or
``(ii) by the United States (including any
agency or instrumentality thereof) pursuant to
an agreement, consent decree, or order (or
pursuant to any modification of an agreement,
consent decree, or order) that provides
injunctive or other nonmonetary relief that
exceeds, or is likely to exceed, 3 years in
duration: Provided, That for purposes of this
clause, the term ``injunctive or other
nonmonetary relief'' shall not be understood to
include the following, where the same are a
matter of public record--
``(I) debarments, suspensions, or
other exclusions from Government
contracts or grants;
``(II) mere reporting requirements
or agreements (including sanctions for
failure to report);
``(III) requirements or agreements
merely to comply with statutes or
regulations;
``(IV) requirements or agreements
to surrender professional licenses or
to cease the practice of professions,
occupations, or industries;
``(V) any criminal sentence or any
requirements or agreements to perform
community service, to serve probation,
or to participate in supervised release
from detention, confinement, or prison;
or
``(VI) agreements to cooperate with
the government in investigations or
prosecutions (whether or not the
agreement is a matter of public
record).
``(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, of any
information subject to the deliberative-process-,
executive-, attorney-work-product-, or attorney-client
privileges, or of any information the disclosure of
which is prohibited by section 6103 of the Internal
Revenue Code of 1986, 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 of which the Attorney General and
applicable official are aware 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; and
(ii) all determinations of which the Attorney
General and applicable official are aware 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.
(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.
(5) Section 101 of Public Law 106-57 (113 Stat. 414) is
amended by striking subsection (b).
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,
except that classified notices and reports submitted to the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives shall be
excluded from this section so long as simultaneous notification of the
provision of such reports (other than notification required under
section 502(1) of the National Security Act of 1947 (50 U.S.C. 413a(1))
is made to the Committees on the Judiciary of the Senate and the House
of Representatives.
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)(3) by striking ``502'' and inserting
``501(b)'';
(4) in section 510 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 that is
not engaged in law enforcement or law enforcement support, criminal or
juvenile justice, or delinquency prevention.''; and
(5) in section 511 by striking ``503'' and 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 subsection (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 first sentence following the second subparagraph
(I) and inserting ``(B), (F), and (G)''; and
(D) by striking ``fund'' in the 3d sentence
following the 2d subparagraph (I) and inserting
``Fund'';
(3) in subsection (c)(2)--
(A) by inserting before the period in the last
sentence ``, without both the personal approval of the
Attorney General and written notice within 30 days
thereof to the Chairmen and ranking minority members of
the Committees on Appropriations and the Judiciary of
the Senate and of the House of Representatives'';
(B) by striking ``for information'' each place it
appears; and
(C) by striking ``$250,000'' the 2d and 3d places
it appears and inserting ``$500,000'';
(4) in subsection (c)(3) by striking ``(F)'' and inserting
``(G)'';
(5) in subsection (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 ``(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 of title 28, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by adding after paragraph (2) a new paragraph as
follows:
``(3) to assist in the protection of the person of the
Attorney General.''.
(f) Hereafter, no compensation or reimbursement paid pursuant to
section 501(a) of Public Law 99-603 (100 Stat. 3443) or section 241(i)
of the Act of June 27, 1952 (ch. 477) shall be subject to section
6503(d) of title 31, United States Code, and no funds available to the
Attorney General may be used to pay any assessment made pursuant to
such section 6503 with respect to any such compensation or
reimbursement.
(g) Section 108 of Public Law 103-121 (107 Stat. 1164) is amended
by replacing ``three'' with ``six'', by replacing ``only'' with ``,
first,'', and by replacing ``litigation.'' with ``litigation, and,
thereafter, for financial systems, and other personnel, administrative,
and litigation expenses of debt collection activities.''.
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) Notwithstanding any provision of law limiting the amount of
management or administrative expenses, the Attorney General shall, not
later than May 2, 2003, and of every year thereafter, prepare and
provide to the Committees on the Judiciary and Appropriations of each
House of the Congress using funds available for the underlying
programs--
``(1) a report identifying and describing every grant
(other than one made to a governmental entity, pursuant to a
statutory formula), cooperative agreement, or programmatic
services contract that was made, entered into, awarded, or, for
which additional or supplemental funds were provided 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 description of its specific purpose or
purposes, the names of all grantees or parties, the names of
each unsuccessful applicant or bidder, and a description of the
specific purpose or purposes proposed in each unsuccessful
application or bid, and of the reason or reasons for rejection
or denial of the same; and
``(2) a report identifying and reviewing every grant (other
than one made to a governmental entity, pursuant to a statutory
formula), cooperative agreement, or programmatic services
contract made, entered into, awarded, or for which additional
or supplemental funds were provided, after October 1, 2002, 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 programmatically and financially
closed out or that otherwise ended in the immediately preceding
fiscal year (or even if not yet closed out, was terminated or
otherwise ended in the fiscal year that ended 2 years before
the end of such immediately preceding fiscal year), and
including, without limitation, for each such grant, cooperative
agreement, or contract: a description of how the appropriated
funds involved actually were spent, statistics relating to its
performance, its specific purpose or purposes, and its
effectiveness, and a written declaration by each non-Federal
grantee and each non-Federal party to such agreement or to such
contract, 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 close out,
termination, or end;
except that the requirement of this paragraph shall be deemed
satisfied with respect to any such description, statistics, or
declaration if such non-Federal grantee or such non-Federal
party shall have failed to provide the same to the Attorney
General, and the Attorney General notes the fact of such
failure and the name of such grantee or such party in the
report.''.
(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 striking the period after ``business'' and
inserting ``, or from making any communication whose prohibition by
this section might, in the opinion of the Attorney General, violate the
Constitution or interfere with the conduct of foreign policy, counter-
intelligence, intelligence, or national security activities. Violations
of this section shall constitute violations of section 1352(a) of title
31.''.
(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.
SEC. 209. STRENGTHENING LAW ENFORCEMENT IN UNITED STATES TERRITORIES,
COMMONWEALTHS, AND POSSESSIONS.
(a) Extended Assignment Incentive.--Chapter 57 of title 5, United
States Code, is amended--
(1) in subchapter IV, by inserting at the end the
following:
``Sec. 5757. Extended assignment incentive
``(a) The head of an Executive agency may pay an extended
assignment incentive to an employee if--
``(1) the employee has completed at least 2 years of
continuous service in 1 or more civil service positions located
in a territory or possession of the United States, the
Commonwealth of Puerto Rico, or the Commonwealth of the
Northern Mariana Islands;
``(2) the agency determines that replacing the employee
with another employee possessing the required qualifications
and experience would be difficult; and
``(3) the agency determines it is in the best interest of
the Government to encourage the employee to complete a
specified additional period of employment with the agency in
the territory or possession, the Commonwealth of Puerto Rico or
Commonwealth of the Northern Mariana Islands, except that the
total amount of service performed in a particular territory,
commonwealth, or possession under 1 or more agreements
established under this section may not exceed 5 years.
``(b) The sum of extended assignment incentive payments for a
service period may not exceed the greater of--
``(1) an amount equal to 25 percent of the annual rate of
basic pay of the employee at the beginning of the service
period, times the number of years in the service period; or
``(2) $15,000 per year in the service period.
``(c)(1) Payment of an extended assignment incentive shall be
contingent upon the employee entering into a written agreement with the
agency specifying the period of service and other terms and conditions
under which the extended assignment incentive is payable.
``(2) The agreement shall set forth the method of payment,
including any use of an initial lump-sum payment, installment payments,
or a final lump-sum payment upon completion of the entire period of
service.
``(3) The agreement shall describe the conditions under which the
extended assignment incentive may be canceled prior to the completion
of agreed-upon service period and the effect of the cancellation. The
agreement shall require that if, at the time of cancellation of the
incentive, the employee has received incentive payments which exceed
the amount which bears the same relationship to the total amount to be
paid under the agreement as the completed service period bears to the
agreed-upon service period, the employee shall repay that excess
amount, at a minimum, except that an employee who is involuntarily
reassigned to a position stationed outside the territory, commonwealth,
or possession or involuntarily separated (not for cause on charges of
misconduct, delinquency, or inefficiency) may not be required to repay
any excess amounts.
``(d) An agency may not put an extended assignment incentive into
effect during a period in which the employee is fulfilling a
recruitment or relocation bonus service agreement under section 5753 or
for which an employee is receiving a retention allowance under section
5754.
``(e) Extended assignment incentive payments may not be considered
part of the basic pay of an employee.
``(f) The Office of Personnel Management may prescribe regulations
for the administration of this section, including regulations on an
employee's entitlement to retain or receive incentive payments when an
agreement is canceled. Neither this section nor implementing
regulations may impair any agency's independent authority to
administratively determine compensation for a class of its
employees.''; and
(2) in the analysis by adding at the end the following:
``5757. Extended assignment incentive.''.
(b) Conforming Amendment.--Section 5307(a)(2)(B) of title 5, United
States Code, is amended by striking ``or 5755'' and inserting ``5755,
or 5757''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first applicable pay period beginning on
or after 6 months after the date of enactment of this Act.
(d) Report.--No later than 3 years after the effective date of this
section, the Office of Personnel Management, after consultation with
affected agencies, shall submit a report to Congress assessing the
effectiveness of the extended assignment incentive authority as a human
resources management tool and making recommendations for any changes
necessary to improve the effectiveness of the incentive authority. Each
agency shall maintain such records and report such information,
including the number and size of incentive offers made and accepted or
declined by geographic location and occupation, in such format and at
such times as the Office of Personnel Management may prescribe, for use
in preparing the report.
SEC. 210. ADDITIONAL AUTHORITIES OF THE ATTORNEY GENERAL.
Section 151 of the Foreign Relations Act, fiscal years 1990 and
1991 (5 U.S.C. 5928 note) is amended by inserting ``or Federal Bureau
of Investigation'' after ``Drug Enforcement Administration''.
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) Redundant Authorizations of Payments for Rewards.--
(1) Chapter 203 of title 18 of the United States Code is
amended by striking sections 3059, 3059A, 3059B, 3075, and all
the matter after the first sentence of 3072; and
(2) Public Law 101-647 is amended in section 2565, by
replacing all the matter after ``2561'' in subsection (c)(1)
with ``the Attorney General may, in his discretion, pay a
reward to the declarant'' and by striking subsection (e); and
by striking section 2569.
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 President may judge necessary and
expedient.
SEC. 304. 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. 305. REPORTS ON USE OF DCS 1000 (CARNIVORE).
(a) Report on Use of DCS 1000 (Carnivore) to Implement Orders Under
18 U.S.C. 3123.--At the same time that the Attorney General submits to
Congress the annual reports required by section 3126 of title 18,
United States Code, that are respectively next due after the end of
each of the fiscal years 2001 and 2002, the Attorney General shall also
submit to the Chairmen and ranking minority members of the Committees
on the Judiciary of the Senate and of the House of Representatives a
report, covering the same respective time period, on the number of
orders under section 3123 applied for by law enforcement agencies of
the Department of Justice whose implementation involved the use of the
DCS 1000 program (or any subsequent version of such program), which
report shall include information concerning--
(1) the period of interceptions authorized by the order,
and the number and duration of any extensions of the order;
(2) the offense specified in the order or application, or
extension of an order;
(3) the number of investigations involved;
(4) the number and nature of the facilities affected;
(5) the identity of the applying investigative or law
enforcement agency making the application for an order; and
(6) the specific persons authorizing the use of the DCS
1000 program (or any subsequent version of such program) in the
implementation of such order.
(b) Report on Use of DCS 1000 (Carnivore) to Implement Orders Under
18 U.S.C. 2518.--At the same time that the Attorney General, or
Assistant Attorney General specially designated by the Attorney
General, submits to the Administrative Office of the United States
Courts the annual report required by section 2519(2) of title 18,
United States Code, that is respectively next due after the end of each
of the fiscal years 2001 and 2002, the Attorney General shall also
submit to the Chairmen and ranking minority members of the Committees
on the Judiciary of the Senate and of the House of Representatives a
report, covering the same respective time period, that contains the
following information with respect to those orders described in that
annual report that were applied for by law enforcement agencies of the
Department of Justice and whose implementation involved the use of the
DCS 1000 program (or any subsequent version of such program)--
(1) the kind of order or extension applied for (including
whether or not the order was an order with respect to which the
requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of title
18, United States Code, did not apply by reason of section 2518
(11) of title 18);
(2) the period of interceptions authorized by the order,
and the number and duration of any extensions of the order;
(3) the offense specified in the order or application, or
extension of an order;
(4) the identity of the applying investigative or law
enforcement officer and agency making the application and the
person authorizing the application;
(5) the nature of the facilities from which or place where
communications were to be intercepted;
(6) a general description of the interceptions made under
such order or extension, including--
(A) the approximate nature and frequency of
incriminating communications intercepted;
(B) the approximate nature and frequency of other
communications intercepted;
(C) the approximate number of persons whose
communications were intercepted;
(D) the number of orders in which encryption was
encountered and whether such encryption prevented law
enforcement from obtaining the plain text of
communications intercepted pursuant to such order; and
(E) the approximate nature, amount, and cost of the
manpower and other resources used in the interceptions;
(7) the number of arrests resulting from interceptions made
under such order or extension, and the offenses for which
arrests were made;
(8) the number of trials resulting from such interceptions;
(9) the number of motions to suppress made with respect to
such interceptions, and the number granted or denied;
(10) the number of convictions resulting from such
interceptions and the offenses for which the convictions were
obtained and a general assessment of the importance of the
interceptions; and
(11) the specific persons authorizing the use of the DCS
1000 program (or any subsequent version of such program) in the
implementation of such order.
SEC. 306. STUDY OF ALLOCATION OF LITIGATING ATTORNEYS.
Not later than 180 days after the date of the enactment of this
Act, the Attorney General shall submit a report to the chairman and
ranking minority member of the Committees on the Judiciary of the House
of Representatives and Committee on the Judiciary of the Senate,
detailing the distribution or allocation of appropriated funds,
attorneys and other personnel, and per-attorney workloads, for each
Office of United States Attorney and each division of the Department of
Justice except the Justice Management Division.
SEC. 307. USE OF TRUTH-IN-SENTENCING AND VIOLENT OFFENDER INCARCERATION
GRANTS.
Section 20105(b) of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 13705(b)) is amended to read as follows:
``(b) Use of Truth-in-Sentencing and Violent Offender Incarceration
Grants.--Funds provided under section 20103 or 20104 may be applied to
the cost of--
``(1) altering existing correctional facilities to provide
separate facilities for juveniles under the jurisdiction of an
adult criminal court who are detained or are serving sentences
in adult prisons or jails;
``(2) providing correctional staff who are responsible for
supervising juveniles who are detained or serving sentences
under the jurisdiction of an adult criminal court with
orientation and ongoing training regarding the unique needs of
such offenders; and
``(3) providing ombudsmen to monitor the treatment of
juveniles who are detained or serving sentences under the
jurisdiction of an adult criminal court in adult facilities,
consistent with guidelines issued by the Assistant Attorney
General.
SEC. 308. AUTHORITY OF THE DEPARTMENT OF JUSTICE INSPECTOR GENERAL.
Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in subsection (b), by striking paragraphs (2) and (3)
and inserting the following:
``(2) except as specified in subsection (a) and paragraph
(3), may investigate allegations of criminal wrongdoing or
administrative misconduct by an employee of the Department of
Justice, or may, in the Inspector General's discretion, refer
such allegations to the Office of Professional Responsibility
or the internal affairs office of the appropriate component of
the Department of Justice; and
``(3) shall refer to the Counsel, Office of Professional
Responsibility of the Department of Justice, allegations of
misconduct involving Department attorneys, investigators or law
enforcement personnel, where the allegations relate to the
exercise of an attorney's authority to investigate, litigate,
or provide legal advice, except that no such referral shall be
made if the attorney is employed in the Office of Professional
Responsibility.''; and
(2) by inserting at the end the following:
``(d) The Attorney General shall insure by regulation that any
component of the Department of Justice receiving a nonfrivolous
allegation of criminal wrongdoing or administrative misconduct by an
employee of the Department shall report such information to the
Inspector General.''.
SEC. 309. REVIEW OF THE DEPARTMENT OF JUSTICE.
(a) Appointment of Oversight Official Within the Office of
Inspector General.--The Inspector General of the Department of Justice
shall direct that one official from the Inspector General's office
shall be responsible for supervising and coordinating independent
oversight of programs and operations of the Federal Bureau of
Investigation until September 30, 2003. The Inspector General may
continue this policy after September 30, 2003, at the Inspector
General's discretion.
(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 Chairman and ranking member of the Committees on the
Judiciary of the Senate and the House of Representatives 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) Report on Inspector General for Federal Bureau of
Investigation.--Not later than 90 days after the date of enactment of
this Act, the Attorney General shall submit a report and recommendation
to the Chairman and ranking member of the Committees on the Judiciary
of the Senate and the House of Representatives concerning whether there
should be established, within the Department of Justice, a separate
office of Inspector General for the Federal Bureau of Investigation
that shall be responsible for supervising independent oversight of
programs and operations of the Federal Bureau of Investigation.
SEC. 310. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANTS TO
PROVIDE FOR SERVICES DURING AND AFTER INCARCERATION.
Section 1901 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ff) is amended by adding at the end
the following:
``(c) Additional Use of Funds.--States that demonstrate that they
have existing in-prison drug treatment programs that are in compliance
with Federal requirements may use funds awarded under this part for
treatment and sanctions both during incarceration and after release.''.
SEC. 311. REPORT ON THREATS AND ASSAULTS AGAINST FEDERAL LAW
ENFORCEMENT OFFICERS, UNITED STATES JUDGES, UNITED STATES
OFFICIALS AND THEIR FAMILIES.
(a) Repeal of Compilation of Statistics Relating To Intimidation Of
Government Employees.--Section 808 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat.1310) is
repealed.
(b) Report on Threats and Assaults Against Federal Law Enforcement
Officers, United States Judges, United States Officials and Their
Families.--Not later than 90 days after the date of enactment of this
Act, the Attorney General shall submit to the Chairmen and ranking
minority members of the Committees on the Judiciary of the Senate and
of the House of Representatives a report on the number of
investigations and prosecutions under section 111 of title 18, United
States Code, and section 115 of title 18, United States Code, for the
fiscal year 2001.
SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.
(a) Permanent District Judges for the District Courts.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 5 additional district judges for the southern
district of California;
(B) 1 additional district judge for the western
district of North Carolina; and
(C) 2 additional district judges for the western
district of Texas.
(2) Tables.--In order that the table contained in section
133 of title 28, United States Code, will, with respect to each
judicial district, reflect the changes in the total number of
permanent district judgeships authorized as a result of
paragraph (1) of this subsection, such table is amended--
(A) by striking the item relating to California and
inserting the following:
``California:
Northern................................................ 14
Eastern................................................. 6
Central................................................. 27
Southern................................................ 13.'';
(B) by striking the item relating to North Carolina
and inserting the following:
``North Carolina:
Eastern................................................. 4
Middle.................................................. 4
Western................................................. 4.'';
and
(C) by striking the item relating to Texas and
inserting the following:
``Texas:
Northern................................................ 12
Southern................................................ 19
Eastern................................................. 7
Western................................................. 13.''.
(b) District Judgeships for the Central and Southern Districts of
Illinois.--
(1) Conversion of temporary judgeships to permanent
judgeships.--The existing district judgeships for the central
district and the southern district of Illinois authorized by
section 203(c) (3) and (4) of the Judicial Improvements Act of
1990 (Public Law 101-650, 28 U.S.C. 133 note) shall, as of the
date of the enactment of this Act, be authorized under section
133 of title 28, United States Code, and the incumbents in such
offices shall hold the offices under section 133 of title 28,
United States Code (as amended by this section).
(2) Technical and conforming amendment.--The table
contained in section 133(a) of title 28, United States Code, is
amended by striking the item relating to Illinois and inserting
the following:
``Illinois:
Northern................................................ 22
Central................................................. 4
Southern................................................ 4.''.
(c) Temporary Judgeship.--The President shall appoint, by and with
the advice and consent of the Senate, 1 additional district judge for
the western district of North Carolina. The first vacancy in the office
of district judge in the western district of North Carolina, occurring
7 years or more after the confirmation date of the judge named to fill
the temporary district judgeship created in that district by this
subsection, shall not be filled.
(d) Extension of Temporary Federal District Court Judgeship for the
Northern District of Ohio.--
(1) In general.--Section 203(c) of the Judicial Improvement
Act of 1990 (28 U.S.C. 133 note) is amended--
(A) in the first sentence following paragraph (12),
by striking ``and the eastern district of
Pennsylvania'' and inserting ``, the eastern district
of Pennsylvania, and the northern district of Ohio'';
and
(B) by inserting after the third sentence following
paragraph (12) ``The first vacancy in the office of
district judge in the northern district of Ohio
occurring 15 years or more after the confirmation date
of the judge named to fill the temporary judgeship
created under this subsection shall not be filled.''.
(2) Effective date.--The amendments made by this section
shall take effect on the earlier of--
(A) the date of enactment of this Act; or
(B) November 15, 2001.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section,
including such sums as may be necessary to provide appropriate space
and facilities for the judicial positions created by this section.
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) In General.--There is established in the Department of Justice
a Violence Against Women Office (in this title referred to as the
``Office'') under the general authority of the Attorney General.
(b) Separate Office.--The Office--
(1) shall not be part of any division or component of the
Department of Justice; and
(2) shall be a separate office headed by a Director who
shall report to the Attorney General through the Associate
Attorney General of the United States, and who shall also serve
as Counsel to the Attorney General.
SEC. 403. JURISDICTION.
The Office--
(1) shall have jurisdiction over all matters related to
administration, enforcement, coordination, and implementation
of all responsibilities of the Attorney General or the
Department of Justice related to violence against women,
including formula and discretionary grant programs authorized
under the Violence Against Women Act of 1994 (title IV of
Public Law 103-322) and the Violence Against Women Act of 2000
(Division B of Public Law 106-386); and
(2) shall be solely responsible for coordination with other
offices or agencies of administration, enforcement, and
implementation of the programs, grants, and activities
authorized or undertaken under the Violence Against Women Act
of 1994 (title IV of Public Law 103-322) and the Violence
Against Women Act of 2000 (Division B of Public Law 106-386).
SEC. 404. DIRECTOR OF VIOLENCE AGAINST WOMEN OFFICE.
(a) Appointment.--The President, by and with the advice and consent
of the Senate, shall appoint a Director for the Violence Against Women
Office (in this title referred to as the ``Director'') to be
responsible for the administration, coordination, and implementation of
the programs and activities of the office.
(b) Other Employment.--The Director shall not--
(1) engage in any employment other than that of serving as
Director; or
(2) hold any office in, or act in any capacity for, any
organization, agency, or institution with which the Office
makes any contract or other agreement under the Violence
Against Women Act of 1994 (title IV of Public Law 103-322) or
the Violence Against Women Act of 2000 (Division B of Public
Law 106-386).
(c) Vacancy.--In the case of a vacancy, the President may designate
an officer or employee who shall act as Director during the vacancy.
(d) Compensation.--The Director shall be compensated at a rate of
pay not to exceed the rate payable for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
SEC. 405. REGULATORY AUTHORIZATION.
The Director may, after appropriate consultation with
representatives of States and units of local government, establish such
rules, regulations, and procedures as are necessary to the exercise of
the functions of the Office, and are consistent with the stated
purposes of this Act and those of the Violence Against Women Act of
1994 (title IV of Public Law 103-322) and the Violence Against Women
Act of 2000 (Division B of Public Law 106-386).
SEC. 406. OFFICE STAFF.
The Attorney General shall ensure that there is adequate staff to
support the Director in carrying out the responsibilities of the
Director under this title.
SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
Calendar No. 206
107th CONGRESS
1st Session
H.R. 2215
_______________________________________________________________________
AN ACT
To authorize appropriations for the Department of Justice for fiscal
year 2002, and for other purposes.
_______________________________________________________________________
October 30, 2001
Reported with an amendment