[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1319 Reported in Senate (RS)]






                                                       Calendar No. 205
107th CONGRESS
  1st Session
                                S. 1319

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2001

 Mr. Leahy (for himself and Mr. Hatch) introduced the following bill; 
  which was 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]

_______________________________________________________________________

                                 A BILL


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

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

<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>Sec. 103. Authorization for additional Assistant United States 
                            Attorneys for project safe neighborhoods.
            <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>Sec. 209. Strengthening law enforcement in United States 
                            territories, commonwealths, and 
                            possessions.
<DELETED>Sec. 210. Additional authorities of the Attorney General.
                   <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. Study of untested rape examination kits.
<DELETED>Sec. 305. Report on DCS 1000 (``carnivore'').
<DELETED>Sec. 306. Study of allocation of litigating attorneys.
<DELETED>Sec. 307. Use of truth-in-sentencing and violent offender 
                            incarceration grants.
<DELETED>Sec. 308. Authority of the Department of Justice Inspector 
                            General.
<DELETED>Sec. 309. Report on Inspector General and Deputy Inspector 
                            General for Federal Bureau of 
                            Investigation.
               <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;</DELETED>
                <DELETED>    (B) 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); and</DELETED>
                <DELETED>    (C) 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 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.</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>SEC. 103. AUTHORIZATION FOR ADDITIONAL ASSISTANT UNITED STATES 
              ATTORNEYS FOR PROJECT SAFE NEIGHBORHOODS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</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 Immigration 
        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, 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.''.</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 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</DELETED>
                <DELETED>    (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.</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(a)(3) by striking ``502'' and 
        inserting ``501(b)'';</DELETED>
        <DELETED>    (4) in section 510 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>    (5) in section 511 by striking ``503'' and 
        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); 
                and</DELETED>
                <DELETED>    (C) 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''; and</DELETED>
        <DELETED>    (6) 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 of title 28, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by redesignating paragraph (3) as paragraph 
        (4); and</DELETED>
        <DELETED>    (2) by adding after paragraph (2) a new paragraph 
        as follows:</DELETED>
        <DELETED>    ``(3) to assist in the protection of the person of 
        the Attorney General.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.''.</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''.</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>SEC. 209. STRENGTHENING LAW ENFORCEMENT IN UNITED STATES 
              TERRITORIES, COMMONWEALTHS, AND POSSESSIONS.</DELETED>

<DELETED>    (a) Extended Assignment Incentive.--Chapter 57 of title 5, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in subchapter IV, by inserting at the end the 
        following:</DELETED>
<DELETED>``Sec. 5757. Extended assignment incentive</DELETED>
<DELETED>    ``(a) The head of an Executive agency may pay an extended 
assignment incentive to an employee if--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) the agency determines that replacing the 
        employee with another employee possessing the required 
        qualifications and experience would be difficult; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) The sum of extended assignment incentive payments 
for a service period may not exceed the greater of--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) $15,000 per year in the service 
        period.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Extended assignment incentive payments may not be 
considered part of the basic pay of an employee.</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (2) in the analysis by adding at the end the 
        following:</DELETED>

<DELETED>``5757. Extended assignment incentive.''.
<DELETED>    (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''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 210. ADDITIONAL AUTHORITIES OF THE ATTORNEY 
              GENERAL.</DELETED>

<DELETED>    (a) FBI Danger Pay.--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''.</DELETED>
<DELETED>    (b) Foreign Reimbursements.--For fiscal year 2002 and 
thereafter, whenever the Federal Bureau of Investigation 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 Federal Bureau of 
Investigation. 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.</DELETED>
<DELETED>    (c) Railroad Police Training Fees.--For fiscal year 2002 
and thereafter, 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.</DELETED>
<DELETED>    (d) 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.</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>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. 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. 305. 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 Committees on the Judiciary of 
the House of Representatives and the Senate a report detailing--
</DELETED>
        <DELETED>    (1) the number of orders or extensions applied for 
        to authorize the use of DCS 1000 (or any similar system or 
        device);</DELETED>
        <DELETED>    (2) the fact that the order or extension was 
        granted as applied for, was modified, or was denied;</DELETED>
        <DELETED>    (3) the kind of order applied for and the specific 
        statutory authority relied on to use DCS 1000 (or any similar 
        system or device);</DELETED>
        <DELETED>    (4) the court that authorized each use of DCS 1000 
        (or any similar system or device);</DELETED>
        <DELETED>    (5) the period of interceptions authorized by the 
        order, and the number and duration of any extensions of the 
        order;</DELETED>
        <DELETED>    (6) the offense specified in the order or 
        application, or extension of an order;</DELETED>
        <DELETED>    (7) the Department of Justice official or 
        officials who approved each use of DCS 1000 (or any similar 
        system or device);</DELETED>
        <DELETED>    (8) the criteria used by the Department of Justice 
        officials to review requests to use DCS 1000 (or any similar 
        system or device);</DELETED>
        <DELETED>    (9) a complete description of the process used to 
        submit, review, and approve requests to use DCS 1000 (or any 
        similar system or device); and</DELETED>
        <DELETED>    (10) any information intercepted that was not 
        authorized by the court to be intercepted.</DELETED>

<DELETED>SEC. 306. 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>SEC. 307. USE OF TRUTH-IN-SENTENCING AND VIOLENT OFFENDER 
              INCARCERATION GRANTS.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 308. AUTHORITY OF THE DEPARTMENT OF JUSTICE INSPECTOR 
              GENERAL.</DELETED>

<DELETED>  Section 8E of the Inspector General Act of 1978 (5 U.S.C. 
App) is amended--</DELETED>
        <DELETED>    (1) in subsection (b), by striking paragraphs (2) 
        and (3) and inserting the following:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) by inserting at the end the 
        following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 309. REPORT ON INSPECTOR GENERAL AND DEPUTY INSPECTOR 
              GENERAL FOR FEDERAL BUREAU OF INVESTIGATION.</DELETED>

<DELETED>    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 Committee on the Judiciary of 
the Senate and the Committee of the Judiciary on the House of 
Representatives concerning--</DELETED>
        <DELETED>    (1) whether there should be established, within 
        the Department of Justice, a separate Office of the 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; 
        and</DELETED>
        <DELETED>    (2) whether there should be established, within 
        the Office of the Inspector General for the Department of 
        Justice, an Office of Deputy 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.</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 2009''; and</DELETED>
                <DELETED>    (B) by striking ``section 2006'' and 
                inserting ``section 2010'';</DELETED>
        <DELETED>    (2) by redesignating sections 2002 through 2006 as 
        sections 2006 through 2010, 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 title referred to as 
the `Office').</DELETED>
<DELETED>    ``(b) Director.--The Office shall be headed by a Director 
(in this title referred to as the `Director'), who shall be appointed 
by the President, by and with the advice and consent of the Senate. The 
Director shall report to the Attorney General through the 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 title.</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 forums, 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 elements of the Department of 
                Justice, in efforts to develop policy and to enforce 
                Federal laws relating to violence against women, 
                including the litigation of civil and criminal actions 
                relating to enforcing such laws;</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 title 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 title.</DELETED>

<DELETED>``SEC. 2005. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``There are authorized to be appropriated such sums as are 
necessary to carry out this title.''.</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'';
            (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. 205

107th CONGRESS

  1st Session

                                S. 1319

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 30, 2001

                       Reported with an amendment