[Congressional Record Volume 147, Number 103 (Monday, July 23, 2001)]
[House]
[Pages H4384-H4392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT

  Mr. SENSENBRENNER. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 2215) to authorize appropriations for the 
Department of Justice for fiscal year 2002, and for other purposes, as 
amended.
  The Clerk read as follows:

                               H.R. 2215

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002

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

                TITLE II--PERMANENT ENABLING PROVISIONS

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

                        TITLE III--MISCELLANEOUS

Sec. 301. Repealers.
Sec. 302. Technical amendments to title 18 of the United States Code.
Sec. 303. Required submission of proposed authorization of 
              appropriations for the Department of Justice for fiscal 
              year 2003.
Sec. 304. Review of the Department of Justice.
Sec. 305. Study of untested rape examination kits.
Sec. 306. Report on DCS1000 (``Carnivore'').
Sec. 307. Study of allocation of litigating attorneys.

                    TITLE IV--VIOLENCE AGAINST WOMEN

Sec. 401. Short title.
Sec. 402. Establishment of Violence Against Women Office.

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002

     SEC. 101. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED.

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

[[Page H4385]]

       (20) Joint automated booking system.--For expenses 
     necessary for the operation of the Joint Automated Booking 
     System: $15,957,000.
       (21) Narrowband communications.--For the costs of 
     conversion to narrowband communications, including the cost 
     for operation and maintenance of Land Mobile Radio legacy 
     systems: $104,606,000.
       (22) Radiation exposure compensation.--For administrative 
     expenses in accordance with the Radiation Exposure 
     Compensation Act: $1,996,000.
       (23) Counterterrorism fund.--For the Counterterrorism Fund 
     for necessary expenses, as determined by the Attorney 
     General: $4,989,000.
       (24) Office of justice programs.--For administrative 
     expenses not otherwise provided for, of the Office of Justice 
     Programs: $116,369,000.

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

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

                TITLE II--PERMANENT ENABLING PROVISIONS

     SEC. 201. PERMANENT AUTHORITY.

       (a) In General.--Chapter 31 of title 28, United States 
     Code, is amended by adding at the end the following:

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

       ``(a) In General.--Except to the extent provided otherwise 
     by law, the activities of the Department of Justice 
     (including any bureau, office, board, division, commission, 
     subdivision, unit, or other component thereof) may, in the 
     reasonable discretion of the Attorney General, be carried out 
     through any means, including--
       ``(1) through the Department's own personnel, acting 
     within, from, or through the Department itself;
       ``(2) by sending or receiving details of personnel to other 
     branches or agencies of the Federal Government, on a 
     reimbursable, partially-reimbursable, or nonreimbursable 
     basis;
       ``(3) through reimbursable agreements with other Federal 
     agencies for work, materials, or equipment;
       ``(4) through contracts, grants, or cooperative agreements 
     with non-Federal parties; and
       ``(5) as provided in subsection (b), in section 524, and in 
     any other provision of law consistent herewith, including, 
     without limitation, section 102(b) of Public Law 102-395 (106 
     Stat. 1838), as incorporated by section 815(d) of Public Law 
     104-132 (110 Stat. 1315).
       ``(b) Permitted Uses.--
       ``(1) General permitted uses.--Funds available to the 
     Attorney General (i.e., all funds available to carry out the 
     activities described in subsection (a)) may be used, without 
     limitation, for the following:
       ``(A) The purchase, lease, maintenance, and operation of 
     passenger motor vehicles, or police-type motor vehicles for 
     law enforcement purposes, without regard to general purchase 
     price limitation for the then-current fiscal year.
       ``(B) The purchase of insurance for motor vehicles, boats, 
     and aircraft operated in official Government business in 
     foreign countries.
       ``(C) Services of experts and consultants, including 
     private counsel, as authorized by section 3109 of title 5, 
     and at rates of pay for individuals not to exceed the maximum 
     daily rate payable from time to time under section 5332 of 
     title 5.
       ``(D) Official reception and representation expenses (i.e., 
     official expenses of a social nature intended in whole or in 
     predominant part to promote goodwill toward the Department or 
     its missions, but excluding expenses of public tours of 
     facilities of the Department of Justice), in accordance with 
     distributions and procedures established, and rules issued, 
     by the Attorney General, and expenses of public tours of 
     facilities of the Department of Justice.
       ``(E) Unforeseen emergencies of a confidential character, 
     to be expended under the direction of the Attorney General 
     and accounted for solely on the certificate of the Attorney 
     General.
       ``(F) Miscellaneous and emergency expenses authorized or 
     approved by the Attorney General, the Deputy Attorney 
     General, the Associate Attorney General, or the Assistant 
     Attorney General for Administration.
       ``(G) In accordance with procedures established and rules 
     issued by the Attorney General--
       ``(i) attendance at meetings and seminars;
       ``(ii) conferences and training; and
       ``(iii) advances of public moneys under section 3324 of 
     title 31: Provided, That travel advances of such moneys to 
     law enforcement personnel engaged in undercover activity 
     shall be considered to be public money for purposes of 
     section 3527 of title 31.
       ``(H) Contracting with individuals for personal services 
     abroad, except that such individuals shall not be regarded as 
     employees of the United States for the purpose of any law 
     administered by the Office of Personnel Management.
       ``(I) Payment of interpreters and translators who are not 
     citizens of the United States, in accordance with procedures 
     established and rules issued by the Attorney General.
       ``(J) Expenses or allowances for uniforms as authorized by 
     section 5901 of title 5, but without regard to the general 
     purchase price limitation for the then-current fiscal year.
       ``(K) Expenses of--
       ``(i) primary and secondary schooling for dependents of 
     personnel stationed outside the continental United States at 
     cost not in excess of those authorized by the Department of 
     Defense for the same area, when it is determined by the 
     Attorney General that schools available in the locality are 
     unable to provide adequately for the education of such 
     dependents; and
       ``(ii) transportation of those dependents between their 
     place of residence and schools serving the area which those 
     dependents would normally attend when the Attorney General, 
     under such regulations as he may prescribe, determines that 
     such schools are not accessible by public means of 
     transportation.
       ``(2) Specific permitted uses.--
       ``(A) Aircraft and boats.--Funds available to the Attorney 
     General for United States Attorneys, for the Federal Bureau 
     of Investigation, for the United States Marshals Service, for 
     the Drug Enforcement Administration, and for the Immigration 
     and Naturalization Service may be used for the purchase, 
     lease, maintenance, and operation of aircraft and boats, for 
     law enforcement purposes.
       ``(B) Purchase of ammunition and firearms; firearms 
     competitions.--Funds available to the Attorney General for 
     United States Attorneys, for the Federal Bureau of 
     Investigation, for the United States Marshals Service, for 
     the Drug Enforcement Administration, for the Federal Prison 
     System, for the Office of the Inspector General, and for the 
     Immigration and Naturalization Service may be used for--
       ``(i) the purchase of ammunition and firearms; and
       ``(ii) participation in firearms competitions.
       ``(C) Construction.--Funds available to the Attorney 
     General for construction may be used for expenses of 
     planning, designing, acquiring, building, constructing, 
     activating, renovating, converting, expanding, extending, 
     remodeling, equipping, repairing, or maintaining buildings or 
     facilities, including the expenses of acquisition of sites 
     therefor, and all necessary expenses incident or related 
     thereto; but the foregoing shall not be construed to mean 
     that funds generally available for salaries and expenses are 
     not also available for certain incidental or minor 
     construction, activation, remodeling, maintenance, and other 
     related construction costs.
       ``(3) Fees and expenses of witnesses.--Funds available to 
     the Attorney General for fees and expenses of witnesses may 
     be used for--
       ``(A) expenses, mileage, compensation, 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;

[[Page H4386]]

       ``(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 the 
     Immigration and Naturalization Service with respect to the 
     exercise of detention policy setting and operations for the 
     Department of Justice.
       ``(c) Related Provisions.--
       ``(1) Limitation of compensation of individuals employed as 
     attorneys.--No funds available to the Attorney General may be 
     used to pay compensation for services provided by an 
     individual employed as an attorney (other than an individual 
     employed to provide services as a foreign attorney in special 
     cases) unless such individual is duly licensed and authorized 
     to practice as an attorney under the law of a State, a 
     territory of the United States, or the District of Columbia.
       ``(2) Reimbursements paid to governmental entities.--Funds 
     available to the Attorney General that are paid as 
     reimbursement to a governmental unit of the Department of 
     Justice, to another Federal entity, or to a unit of State or 
     local government, may be used under authorities available to 
     the unit or entity receiving such reimbursement.''.
       (b) Conforming Amendment.--The table of sections of chapter 
     31 of title 28, United States Code, is amended by adding at 
     the end the following:

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

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

       (a) In General.--Chapter 31 of title 28, United States Code 
     (as amended by section 201), is amended by adding at the end 
     the following:

     ``Sec. 530D. Report on enforcement of laws

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

[[Page H4387]]

     General (and, as applicable, the President and the head of 
     any executive agency or military department described in 
     subsection (e) of section 530D of title 28, United States 
     Code, as added by subsection (a)) shall submit to Congress a 
     report (in accordance with subsections (a), (c), and (e) of 
     such section) on--
       (i) all policies described in subsection (a)(1)(A) of such 
     section that were established or implemented before the date 
     of the enactment of this Act and were in effect on such date; 
     and
       (ii) all determinations described in subsection (a)(1)(B) 
     of such section that were made before the date of the 
     enactment of this Act and were in effect on such date.
       (B) If a determination described in subparagraph (A)(ii) 
     relates to any judicial, administrative, or other proceeding 
     that is pending in the 90-day period beginning on the date of 
     the enactment of this Act, with respect to any such 
     determination, then the report required by this paragraph 
     shall be submitted within such time as will reasonably enable 
     the House of Representatives and the Senate to take action, 
     separately or jointly, to intervene in timely fashion in the 
     proceeding, but not later than 30 days after the date of the 
     enactment of this Act.

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

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

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

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

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

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

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

       (a) Section 529 of title 28, United States Code, is amended 
     by inserting ``(a)'' before ``Beginning'', and by adding at 
     the end the following:
       ``(b) 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, 
     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
       ``(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--
       ``(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 
     moving ``, being an officer or employee of the United States 
     or of any department or agency thereof,'' to immediately 
     after ``; and''.
       (c) Section 1516(a) of title 18, United States Code, is 
     amended by inserting ``, entity, or program'' after 
     ``person'', and by inserting ``grant, or cooperative 
     agreement,'' after ``subcontract,''.

[[Page H4388]]

       (d) Section 112 of title I of section 101(b) of division A 
     of Public Law 105-277 (112 Stat. 2681-67) is amended by 
     striking ``fiscal year'' and all that follows through 
     ``Justice--'', and inserting ``any fiscal year the Attorney 
     General--''.
       (e) Section 2320(f) of title 18, United States Code, is 
     amended--
       (1) by striking ``title 18'' each place it appears and 
     inserting ``this title''; and
       (2) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively;
       (3) by inserting ``(1)'' after ``(f)''; and
       (4) by adding at the end the following:
       ``(2) The report under paragraph (1), with respect to 
     criminal infringement of copyright, shall include the 
     following:
       ``(A) The number of infringement cases involving specific 
     types of works, such as audiovisual works, sound recordings, 
     business software, video games, books, and other types of 
     works.
       ``(B) The number of infringement cases involving an online 
     element.
       ``(C) The number and dollar amounts of fines assessed in 
     specific categories of dollar amounts, such as up to $500, 
     from $500 to $1,000, from $1,000 to $5,000, from $5,000 to 
     $10,000, and categories above $10,000.
       ``(D) The amount of restitution awarded.
       ``(E) Whether the sentences imposed were served.''.

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

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

     SEC. 208. COUNTERTERRORISM FUND.

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

                        TITLE III--MISCELLANEOUS

     SEC. 301. REPEALERS.

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

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

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

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

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

     SEC. 304. REVIEW OF THE DEPARTMENT OF JUSTICE.

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

     SEC. 305. STUDY OF UNTESTED RAPE EXAMINATION KITS.

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

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

       Not later than 30 days after the end of fiscal years 2001 
     and 2002, the Attorney General and the Director of the 
     Federal Bureau of Investigation shall provide to the 
     Judiciary Committees of the House of Representatives and 
     Senate a report detailing--
       (1) the number of times DCS 1000 (or any similar system or 
     device) was used for surveillance during the preceding fiscal 
     year;
       (2) the Department of Justice official or officials who 
     approved each use of DCS 1000 (or any similar system or 
     device);
       (3) the criteria used by the Department of Justice 
     officials to review requests to use DCS 1000 (or any similar 
     system or device);
       (4) a complete description of the process used to submit, 
     review, and approve requests

[[Page H4389]]

     to use DCS 1000 (or any similar system or device);
       (5) the specific statutory authority relied on to use DCS 
     1000 (or any similar system or device);
       (6) the court that authorized each use of DCS 1000 (or any 
     similar system or device);
       (7) the number of orders, warrants, or subpoenas applied 
     for, to authorize the use of DCS 1000 (or any similar system 
     or device);
       (8) the fact that the order, warrant, or subpoena was 
     granted as applied for, was modified, or was denied;
       (9) the offense specified in the order, warrant, subpoena, 
     or application;
       (10) the nature of the facilities from which, or the place 
     where the contents of, electronic communications were to be 
     disclosed; and
       (11) any information gathered or accessed that was not 
     authorized by the court to be gathered or accessed.

     SEC. 307. 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, 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.

                    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.

       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--
       (1) in section 2002(d)(3)--
       (A) by striking ``section 2005'' and inserting ``section 
     2008''; and
       (B) by striking ``section 2006'' and inserting ``section 
     2009'';
       (2) by redesignating sections 2002 through 2006 as sections 
     2005 through 2009, respectively; and
       (3) by inserting after section 2001 the following:

     ``SEC. 2002. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN OFFICE.

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

     ``SEC. 2003. DUTIES AND FUNCTIONS OF DIRECTOR OF VIOLENCE 
                   AGAINST WOMEN OFFICE.

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

     ``SEC. 2004. STAFF OF VIOLENCE AGAINST WOMEN OFFICE.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentlewoman from Texas (Ms. 
Jackson-Lee) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H.R. 2215, the bill 
currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in support of H.R. 2215, the 21st Century 
Department of Justice Appropriations Authorization Act which authorizes 
appropriation for the Department of Justice and its components for 
fiscal year 2002, establishes permanent enabling authorities for the 
Department, makes several minor and technical improvements to various 
statutes affecting the Department, requires certain reports be made to 
Congress, and establishes a permanent Violence Against Women's Office 
within the Office of Justice Programs at the Department.
  This bill was favorably reported by the Committee on the Judiciary on 
June 20 by voice vote. The legislation is cosponsored by the 
committee's ranking minority member, the gentleman from Michigan (Mr. 
Conyers) and enjoys broad, bipartisan support.
  Madam Speaker, the Department of Justice and its various components 
wields tremendous power and influence. It has an annual budget 
exceeding $24 billion and has in excess of 125,000 employees. The 
Department has ultimate responsibility for the enforcement of all 
Federal criminal laws, including those regarding terrorism. It enforces 
our Nation's antitrust laws, civil rights laws, immigration and 
naturalization laws, environmental statutes, tax laws, and numerous 
other Federal statutes. The lawyers at the Department of Justice 
represent the government in most types of actions, civil and criminal. 
And it provides legal advice to the President of the United States and 
the departments and agencies of the Federal Government. In short, the 
vast majority of legal questions in litigations addressed by the 
Federal Government are reviewed and handled by the Department of 
Justice.

                              {time}  1430

  This great power and responsibility can be a tremendous force for 
good throughout the Nation and the world. Also, abuse, misuse, and 
neglect of this power can have detrimental effects that reverberate 
throughout this country. The Department of Justice is unlike any other 
department or agency of the Federal Government because its job is 
providing justice to all. Thus it must be held to the highest 
standards. Because of its importance, Congress should be fully engaged 
in oversight of the Department. Unfortunately, Congress has not done a 
good job of oversight of the Department in the past and needs to do 
much better.
  Further, Congress has neglected its basic responsibility for the last 
20 years by failing to authorize the programs within the Department of 
Justice. It is shameful that the last bill

[[Page H4390]]

authorizing appropriations for the Department was signed into law by 
President Carter on November 30, 1979. The last serious effort to 
authorize the Department was undertaken by my predecessor, the 
gentleman from Illinois (Mr. Hyde), during the 105th Congress, but the 
other body failed to act on that legislation. Congress must do a much 
better job in overseeing the many departments and agencies that make up 
the Federal Government, and today this House will take a giant leap 
forward in that effort by authorizing the DOJ and its components.
  One reason the Department needs increased oversight is its size. In 
1993, the budget authority for the Department was $11.3 billion. Today, 
it exceeds $24 billion. In 1993, the Department had 90,600 authorized 
positions. Today it has 35,000 more. In 1993, the Immigration and 
Naturalization Service had over $1.5 billion in budget authority and 
over 18,000 authorized positions. Today the INS has over $5 billion in 
budget authority and 33,500 authorized positions.
  I doubt that many Members or their constituents would argue that the 
increased funding and staffing at the INS has improved its operations 
appreciably. I would feel the opposite. Another area of exponential 
growth at the Department has been its grant-making authority. In 1993, 
the Office of Justice Programs distributed almost $1 billion in grants. 
In fiscal year 2001, the Department will distribute more than $5 
billion. This growth of budget authority and responsibility cries out 
for congressional oversight. This bill takes us in that direction.
  Title I of the bill authorizes appropriations for the major 
components of the Justice Department for fiscal year 2002. While 
President Bush's budget provides a breather from the hefty increases 
the Department has seen over the last decade, this budget still 
includes promising initiatives, such as new funding for the INS to help 
secure our borders, new funding for the FBI to combat terrorism and 
cybercrime, and new funding for the DEA to improve its efforts to fight 
the scourge of drugs and violence. The authorization mirrors the 
President's request except in two areas. First, the committee increased 
the President's request for the DOJ Inspector General by $10 million. 
This is necessary because the committee is concerned about the severe 
downsizing of that office and the need for oversight, particularly of 
the FBI, at the Department.
  H.R. 2215 does not contain an authorization for appropriations for 
several unauthorized grant programs. The Committee on the Judiciary 
will review each of these expired programs and authorize them as 
needed. The committee has already done this for the Juvenile Justice 
Block Grants program which I am hopeful that the House will consider in 
the coming weeks.
  Madam Speaker, title III contains an important provision establishing 
within the office of DOJ Inspector General a deputy IG for FBI 
oversight whose sole job will be to coordinate and be responsible for 
overseeing the programs and operations of the Bureau. This position is 
necessary because of the recent spy scandal, the FBI's failure to 
comply with the document disclosure agreement in the McVeigh case, and 
now the revelation about missing firearms and computers at our Nation's 
number one law enforcement agency. These problems cry out for 
attention, and I believe there needs to be one person in the IG's 
office whose sole focus is to review FBI operations.
  As I have already mentioned, the bill increases the authorization for 
the office of Inspector General by $10 million above the President's 
proposed budget. This office has been severely downsized over the last 
several years from approximately 460 to 360 full-time equivalents. I 
believe that Congress has been penny-wise and pound foolish in this 
regard. We should spend a little bit more time, effort, and money on 
oversight and a little less on other bloated DOJ programs. I would urge 
the conferees in the DOJ appropriation bill to adequately fund the new 
responsibilities that have been given to the IG.
  H.R. 2215 requires the IG to submit an oversight plan for the FBI to 
the Congress and requires the Attorney General to review Attorney 
General Reno's order numbered 1931-94. Coincidentally, Attorney General 
Ashcroft overturned this order on July 11, a day after the report to 
H.R. 2215 was filed in the House. Now the DOJ Inspector General has 
full authority over both the FBI and DEA. Passage of this bill will 
help the new Director and the Attorney General make needed improvements 
to this prestigious agency.

  The bill also authorizes a Violence Against Women Office within the 
Justice Department. This provision was offered in committee by the 
gentlewoman from Wisconsin (Ms. Baldwin). The VAWO would be headed by a 
director who is appointed by the President and confirmed by the Senate.
  In addition, title IV enumerates duties and responsibilities of the 
Director and requires the Attorney General to ensure the VAWO is 
adequately staffed. Since its adoption in committee, this provision has 
been changed to ensure that it may utilize the existing bureaucracy 
that already exists at the Office of Justice Programs. As originally 
drafted, the VAWO would have had to establish its own grant making 
office and administrative offices. The director of VAWO will report to 
the Assistant Attorney General but may report to the Deputy Attorney 
General on such matters as she deems appropriate. I appreciate the work 
of the gentlewoman from Wisconsin (Ms. Baldwin) and her willingness to 
ensure that this office works properly within the existing bureaucracy 
at the Department.
  Finally, Madam Speaker, I would like to highlight one other provision 
of this bill. It contains an important provision that directs the 
Department of Justice to submit all reports it is required to 
submitted, including reprogramming notices and transfer requests, to 
the Committee on the Judiciary in addition to any other committee. This 
will clearly help the Committee on the Judiciary conduct oversight of 
the Department. This provision is necessary because several years ago, 
the Committee on Appropriations slipped an amendment into their bill 
denying the House and Senate Judiciary Committees the ability to 
receive reprogramming and transfer notices, notices which were 
routinely sent to the committees from 1979 through 1996. This has 
diminished our ability to conduct oversight over the Department, and I 
believe has hurt the Department of Justice. It takes more than just the 
Committee on Appropriations to conduct oversight over the DOJ. The 
Committee on the Judiciary has a large role to play, and it should not 
be denied needed information by another committee.
  Madam Speaker, H.R. 2215 is a giant step in the right direction, but 
more needs to be done. We do not tackle every problem facing the 
Department by this legislation. However, we do address several, and I 
am sure we will address more next year during the fiscal year 2003 
process. The Committee on the Judiciary will continue to review the 
programs and operations of the Department of Justice and will hold it 
to the highest standards of professionalism and integrity. Congress 
ratifies that process by its action here today.
  I particularly want to acknowledge the work of the members of the 
committee, particularly the gentleman from Michigan (Mr. Conyers) and 
his staff who have sat through numerous sessions with majority staff 
and Department of Justice officials. We all should be proud of this 
comprehensive bill.
  I urge all Members to support this legislation.
  Madam Speaker, I reserve the balance of my time.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I yield myself such time as 
I may consume.
  I rise in support of this legislation, H.R. 2215, and thank the 
chairman and the ranking member of the Committee on the Judiciary for 
doing an act, if you will, that has not been done in more than 20 
years, and, that is, authorizing the Department of Justice. I rise in 
support of this bill and commend the chairman and the ranking member 
for not only defending the Committee on the Judiciary's jurisdiction 
but also for working in a bipartisan manner.
  The committee has not authorized the Department of Justice in more 
than 20 years, instead permitting the appropriators to decide the DOJ 
programs that should be authorized and for how much. Needless to say, 
this puts a serious cramp in the committee's critical oversight duties 
and as

[[Page H4391]]

well the vision for the laws that guide America and the concept that we 
are a Nation of laws as well as a Nation of people.
  To remedy this, the chairman worked with the Democratic staff and the 
Justice Department to draft H.R. 2215. Aside from fixing errors in the 
law, H.R. 2215 is the voice of the committee in progress, I would say, 
on how the Justice Department should be funded. For example, this bill 
tracks our request that the Civil Rights Division receive $101.8 
million for fiscal year 2002. There are many issues, of course, that 
are of interest to us dealing with those, and I will discuss those 
issues as I proceed in this discussion.
  Among the things they will fund will be FACE enforcement that is 
extremely important, that is, legislation that adheres to the rules and 
the guidance of our civil rights. The bill also creates a separate and 
statutory office for the administration of the Violence Against Women 
Act. The new Violence Against Women Act will raise the profile of VAWA 
issues and make it easier to distribute grants to combat domestic and 
other forms of violence against women. In particular, this was an 
effort by the Democrats on the Committee on the Judiciary, and we 
worked in a bipartisan way to secure this. I am interested, however, in 
making sure that we include in this office the oversight of violence 
against college students, women on college campuses, which has been a 
rising statistic. We should ensure that date rape that occurs mostly on 
college campuses is part of the efforts of this office and of course 
the Violence Against Women Act.
  That being said, the bill, of course, has many good points to it, but 
it is not perfect. For instance, it does not touch on an all-important 
DOJ grant program such as COPS, but it is a useful starting point and a 
precursor to what I hope will be more active committee involvement in 
the running of the Justice Department. There are many of our Members 
who wholeheartedly endorse the COPS program and as we move through the 
appropriations process we are hoping that authorizers and appropriators 
will see the benefit of funding the COPS program and working with it in 
a strong and productive manner.
  I would say the chairman and the ranking member of the House 
Committee on the Judiciary have contacted Senate Judiciary Chairman 
Leahy and Senator Hatch about this bill, and I believe there may be a 
reasonable opportunity to pass this legislation in the other body. We 
want this to be a unanimous effort of both bodies to be able to 
authorize the DOJ for the first time in 20 years.
  Let me emphasize the importance of the full funding of the Office of 
Civil Rights of the Department of Justice. Over the years, those who 
have had diminished civil rights in this country starting with the 
civil rights movement and before Brown v. Topeka Board of Education 
through the Supreme Court decisions have worked their way through the 
Department of Justice. As we saw the accommodations of this country be 
desegregated in the schools, the Department of Justice was a fixture in 
helping to ensure the civil rights of all Americans. It is crucial that 
the Civil Rights Division is funded in this time because of the very 
important issues covering racial profiling and voter rights 
enforcement. Needless to say, the issues that occurred in Florida are 
symptomatic of what is occurring across the country as we have had 
hearings to emphasize that our electoral system, our voting system, is 
in fact broken. In most instances in minority and poor communities, 
there is poor equipment, there is poor education, there are untrained 
workers across the Nation, and we need to ensure that the Office of 
Civil Rights is involved in voting rights enforcement and, as well, the 
fixing of the election system in America.
  Let me also add an additional insight, even though I know it is 
covered by the oversight committees dealing with the United States 
military. I have had conversations with military personnel on bases who 
have argued that they have not gotten information, outreach information 
about voter registration, absentee balloting, and so we are leaving the 
men and women who offer their lives every day on our behalf out of the 
realm of expressing their desires in a democratic process. We must 
ensure that the U.S. military, as well, is covered by any laws and any 
remedies that we have in changing the voter laws of this Nation to 
ensure there is no discrimination and, as well, that there is outreach 
and that every single vote is counted. The full funding of the Civil 
Rights Division does that.

                              {time}  1445

  Let me also applaud and suggest that we are, if you will, gratified 
for the enhanced funding of the Inspector General's Office. The 
Inspector General's Office does many things. The $10 million I believe 
we have authorized will help it do its job better. In particular, as we 
look at our responsibilities of oversight over the FBI, the terrible 
issues dealing with the spy case, lost weapons, lost files, requires 
great insight into these agencies to make them what they should be.
  I am pleased that we are still remembering the importance of the 
Community Relations Office. Having come from Texas and being aware of 
some of the strife that we face in our communities, and when I say from 
Texas, I am particularly pointing to the tragedy of the James Byrd 
crisis and killing that we had more than 2 years ago, I am pleased that 
that office is still functioning, and would hope that, through the 
appropriations process, it can have a higher funding.
  Looking at the juvenile justice area, I have noted that the 
statistics show that juvenile crime has gone down. It is crucial that 
we not only authorize the program dealing with juvenile justice, in 
particular the Office of Juvenile Delinquency Programs to be a 
preventive arm in our system of justice, but that we ensure that it 
reaches out to the hamlets and cities and counties around the Nation. 
Our children are our most important asset, and I believe that it is 
extremely important that we fund those programs.
  Might I add that I secured an amendment to the Commerce-State-Justice 
appropriations bill that would not eliminate the opportunity for our 
communities to promote voluntary trigger locks to ensure that we have 
added gun safety and protect our young people, and I am gratified that 
we do not have an authorizing bill that would prohibit such.
  Let me conclude, Madam Speaker, by indicating the areas of 
disappointment that I have. Yes, we have made improvements in the INS; 
and we realize there is need for greater improvement. For example, we 
need to restructure the INS so there is a balance between enforcement 
and service.
  As we have heard the discussions of the administration over the last 
couple of weeks, we have heard a promotion of amnesty for certain 
groups of individuals. I believe that the Committee on the Judiciary 
should take the leadership in working with various aspects of our 
caucuses and both bodies to ensure a consensus immigration policy that 
provides access to legalization to many, many groups, and not just one 
particular group. For those of us who have fought for amnesty for 
hardworking, tax-paying immigrants, we know that it is bad to deny them 
health care, it is bad to deny them education, and it certainly is bad 
to isolate immigrants from one group to the next. So I am disappointed 
we were not able to include in this authorization $3 million for legal 
services for individuals who are seeking access to legalization, who 
have no access to the services of lawyers to be able to pursue their 
legal rights in the right way.
  If this country is a country of immigrants and a country of laws, I 
think it is extremely important that we provide that.
  I also believe we have individuals seeking asylum on the basis of 
persecution, and we therefore should have alternatives to detention. 
These are not individuals accused of violent crimes but have come here 
because of persecution, slavery, abuse in their nation, and we are 
incarcerating them like they are common criminals.
  I believe, however, as we move toward making sure that the Department 
of Justice is the kind of agency we all would like, we can do so in a 
bipartisan manner; and these issues that I have raised can be worked 
out on the Committee on the Judiciary, House and Senate, and as we 
proceed through this Congressional session. Therefore, I would ask that 
my colleagues would enthusiastically support H.R. 2215.

[[Page H4392]]

  I rise in support of this bill and commend the Chairman not only for 
defending the Judiciary Committee's jurisdiction but also for his 
bipartisanship. The Committee has not authorized the Department of 
Justice in more than 20 years, instead permitting the appropriators to 
decide what DOJ programs should be authorized and for how much. 
Needless to say, this puts a serious cramp in the Committee's critical 
oversight duties.
  To remedy this, the Chairman worked with the Democratic staff and the 
Justice Department to draft H.R. 2215. Aside from fixing errors in the 
law, H.R. 2215 is the voice of the Committee on how the Justice 
Department should be funded. For example, this bill tracks our request 
that the Civil Rights Division receive $101.8 million for fiscal year 
2002. Among other things, thee funds will be used for voting rights and 
police brutality investigations and FACE enforcement.
  The bill also creates a separate and statutory office for the 
administration of the Violence Against Women Act. The new Violence 
Against Women Office will raise the profile of VAWA issues and make it 
easier to distribute grants to combat domestic and other forms of 
violence against women.
  That being said, the bill is not perfect. For instance, it does not 
touch on all-important DOJ grant programs such as COPS. But it is a 
useful starting point and a precursor to what I hope will be more 
active Committee involvement in the running of the Justice Department.
  Finally, the Chairman and the Ranking Member of the House Judiciary 
Committee have contacted Senate Judiciary Chairman Leahy and Senator 
Hatch about this bill and believe there may be a reasonable opportunity 
to pass this legislation in the other body.
  I urge my colleagues to vote ``yes'' on this legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Madam Speaker, I yield 2 minutes to the 
gentlewoman from Maryland (Mrs. Morella).
  Mrs. MORELLA. Madam Speaker, I rise in support of the Department of 
Justice Reauthorization act. I want to thank the gentleman from 
Wisconsin (Chairman Sensenbrenner) and his staff for their hard work on 
this bill.
  I would also like to bring to the Members' attention a specific 
provision, one of many, but a specific provision that was added in the 
Committee on the Judiciary by the gentlewoman from Wisconsin (Ms. 
Baldwin), which is also stand-alone legislation introduced by the 
gentlewoman from New York (Ms. Slaughter) and myself as H.R. 28. By 
including this provision, we have another opportunity to strengthen the 
Federal Government's commitment to helping victims of domestic 
violence, sexual assault, and stalking.
  The Violence Against Women Office Act, as amended to this bill, would 
make the Violence Against Women Office permanent and provide it with a 
Presidentially appointed and Senate-confirmed director. This office 
does much more than administer grants. It also expertly implements 
programs and offers Federal, State, and local governments critical 
assistance in policy making to combat all forms of violence against 
women.
  The Director's ability, as set out under this bill, to report 
directly to the Deputy Attorney General demonstrates the essential 
commitment of the Federal Government and this administration to 
incorporating strong policies against domestic violence, sexual 
assault, and stalking.
  Again, I thank the gentleman from Wisconsin (Chairman Sensenbrenner) 
for working with the advocates to maintain this provision in H.R. 2215 
and for his support for maintaining and fully funding the Violence 
against Women Act grants within the Department of Justice.
  I urge my colleagues to vote for this measure.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I yield myself such time as 
I may consume.
  Madam Speaker, I simply want to thank the gentlewoman from Maryland 
(Mrs. Morella) for her leadership on the issues of violence against 
women.
  I conclude, Madam Speaker, by thanking the chairman of the committee 
and the ranking member for their leadership on this legislation. I ask 
for passage of H.R. 2215.
  Ms. SLAUGHTER. Madam Speaker. I am pleased to rise in support of H.R. 
2215, the 21st Century Department of Justice Appropriations 
Authorization Act, which includes a provisions to statutorily create a 
permanent Violence Against Women Office within the Department of 
Justice.
  Curently, the Violence Against Women Office is responsible for 
coordinating the training of judges, law enforcement and prosecutors in 
responding to victims of domestic violence, stalking and assault. Among 
other responsibilities, it works with states and localities to provide 
a coordinated community response to domestic violence and establishes 
public education initiatives to heighten national awareness of domestic 
violence as a crime. Unfortunately, the office only exists by 
administrative order and could be abolished at any time.
  As we begin a new century, violence against women remains a national 
problem. At present, approximately 4.9 million domestic physical 
assaults take place against women annually in the United States. There 
are also 1.1 million protective or restraining orders obtained by 
victims of intimate partner rape, physical assault, and stalking 
annually. And finally, $22.3 billion in criminal and legal costs are 
incurred by domestic violence victims each year.
  In response to these statistics, I introduced H.R. 28, the Violence 
Against Women Office Act, which would establish the Office permanently 
in statute. I am proud to report that the bill currently has 148 
cosponsors. With overwhelming bipartisan support, this language was 
included as an amendment to H.R. 2215 by the members of the House 
Judiciary Committee.
  Establishing the Violence Against Women Office permanently within the 
Department of Justice responds to the growing problem of domestic 
violence and ensures the continued coordination of support, education, 
and assistance initiatives from the national to the community level.
  As the members of House Judiciary Committee have recognized by 
including the language of H.R. 28 as an amendment to this bill, the 
need for a permanent Violence against Women Office is strong. Moreover, 
without the security of a statute, the continuation of the Office's 
important work is threatened. Today, we have the opportunity to change 
that.
  Domestic violence is nothing less than an epidemic and must be 
attacked with all the resources we would bring to bear against a deadly 
disease. I therefore urge my colleagues to support H.R. 2215, which 
includes a provision to establish the Violence Against Women Office 
permanently in statute.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I yield back the balance of 
my time.
  Mr. SENSENBRENNER. Madam Speaker, I yield back the balance my time.
  The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion 
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the 
House suspend the rules and pass the bill, H.R. 2215, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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