[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3309 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3309

 To amend title 28, United States Code, to allow attorneys employed by 
the Department of Justice to engage in undercover activities consistent 
     with Federal law, notwithstanding any provision of State law.


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                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2001

 Mr. Walden of Oregon (for himself, Mr. DeFazio, Mr. Wu, Ms. Hooley of 
 Oregon, and Mr. Blumenauer) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28, United States Code, to allow attorneys employed by 
the Department of Justice to engage in undercover activities consistent 
     with Federal law, notwithstanding any provision of State law.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Investigation Enhancement Act of 
2001''.

SEC. 2. UNDERCOVER INVESTIGATIVE PRACTICES CONDUCTED BY FEDERAL 
              ATTORNEYS.

    Section 530B(a) of title 28, United States Code, is amended by 
inserting after the first sentence the following: ``Notwithstanding any 
provision of State law, including disciplinary rules, statutes, 
regulations, constitutional provisions, or case law, a Government 
attorney may, for the purpose of enforcing Federal law, provide legal 
advice, authorization, concurrence, direction, or supervision on 
conducting undercover activities, and any attorney employed as an 
investigator or other law enforcement agent by the Department of 
Justice who is not authorized to represent the United States in 
criminal or civil law enforcement litigation or to supervise such 
proceedings may participate in such activities, even though such 
activities may require the use of deceit or misrepresentation, where 
such activities are consistent with Federal law.''.
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