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[Senate Report 107-96]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 205
107th Congress                                                   Report
                                 SENATE
 1st Session                                                     107-96

======================================================================

 
  21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT

                                _______
                                

                November 8, 2001.--Ordered to be printed

                                _______
                                

Mr. Leahy, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                         [To accompany S. 1319]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to which was referred the 
bill (S. 1319) to authorize appropriations for the Department 
of Justice for fiscal year 2002, and for other purposes, having 
considered the same, reports favorably thereon, with an 
amendment in the nature of a substitute, and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and summary..............................................1
 II. Background and need for the legislation..........................3
III. Committee consideration..........................................5
 IV. Votes of the Committee...........................................5
  V. Section-by-section analysis and discussion.......................5
 VI. Congressional Budget Office cost estimate.......................14
VII. Regulatory impact statement.....................................18
VIII.Changes in existing law.........................................18

                         I. Purpose and Summary

    The 21st Century Department of Justice Appropriations 
Authorization Act, is a comprehensive authorization of the U.S. 
Department of Justice (``DOJ'' or the ``Department''). This 
bipartisan legislation, sponsored by Senator Patrick Leahy and 
Senator Orrin Hatch, contains four titles that authorize 
appropriations for the Department for fiscal year 2002, provide 
permanent enabling authorities that will allow the Department 
to efficiently carry out its mission, clarify and harmonize 
existing statutory authority, and repeal obsolete statutory 
authorities.
    The bill builds on the bipartisan legislation introduced by 
Representative James Sensenbrenner and Representative John 
Conyers, Jr., the Chairman and Ranking Members of the House 
Judiciary Committee, H.R. 2215. The House Judiciary Committee 
agreed to H.R. 2215 without objection on June 28, 2001,\1\ and 
it passed the House of Representatives by voice vote on July 
23, 2001.\2\
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    \1\ See House Report 107-125.
    \2\ See Congressional Record H4384-92.
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    Title I authorizes appropriations for the major components 
of the Department for fiscal year 2002. The authorization 
mirrors the President's request regarding the Department except 
in two areas. First, the bill 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. Second, the bill authorizes at least 
$10 million 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). The American copyright industry is 
the largest exporter of goods from the United States, employing 
more than 7 million Americans, and these additional funds are 
needed to strengthen the resources available to DOJ and the FBI 
to investigate and prosecute cyberpiracy.
    In addition, title I authorizes $9 million in fiscal year 
2002 to add an additional Assistant U.S. Attorney in each of 
the 94 U.S. Attorney Offices to implement part of the 
administration's Project Safe Neighborhoods proposal to reduce 
school gun violence across the Nation. These prosecutors will 
assist in targeting juveniles who obtain weapons and commit 
violent crimes, as well as the adults who place firearms in the 
hands of juveniles.
    Title II permanently establishes a clear set of authorities 
that the Department may rely on to use appropriated funds, 
including establishing permitted uses of appropriated funds by 
the Attorney General, the FBI, the Immigration and 
Naturalization Service, the Federal Prison System, and the 
Detention Trustee. Title II also establishes new reporting 
requirements which are intended to enhance congressional 
oversight of the Department, including new reporting 
requirements for information about the enforcement of existing 
laws, for information regarding the Office of Justice Programs 
(OJP), and the submission of other reports, required by 
existing law, to the House and Senate Judiciary Committees. 
Section 206(e) expands an existing reporting requirement 
regarding copyright infringement cases.
    Title II also provides the Department with additional law 
enforcement tools in the war against terrorism. Section 201 
permits the FBI to enter into cooperative projects with foreign 
countries to improve law enforcement or intelligence 
operations, and section 210 provides special ``danger pay'' 
allowances for FBI agents in hazardous duty locations outside 
the United States, as is provided for agents of the Drug 
Enforcement Administration.
    Title III repeals outdated and open-ended statutes, 
requires the submission of an annual authorization bill to the 
House and Senate Judiciary Committees, and provides States with 
flexibility to use existing Truth-In-Sentencing and Violent 
Offender Incarceration Grants to account for juveniles being 
housed in adult prison facilities. Title III requires the 
Department to submit to Congress studies on untested rape 
examination kits, and the allocation of funds, personnel, and 
workloads for each office of U.S. Attorney and each division of 
the Department.
    In addition, title III provides new oversight and reporting 
requirements for the FBI and other activities conducted by the 
Justice Department. Specifically, section 308 codifies the 
Attorney General's order of July 11, 2001, which revised 
Department of Justice's regulations concerning the Inspector 
General. The section ensures that the Inspector General for the 
Department of Justice has the authority to decide whether a 
particular allegation of misconduct by Department of Justice 
personnel, including employees of the Federal Bureau of 
Investigation and the Drug Enforcement Administration, should 
be investigated by the Inspector General or by the internal 
affairs unit of the appropriate component of the Department of 
Justice.
    Section 309 directs the Inspector General of the Department 
to appoint an official from the Inspector General's office to 
be responsible for supervising and coordinating independent 
oversight of programs and operations of the FBI until the end 
of the 2003 fiscal year. This section also requires the 
Inspector General of the Department to submit to Congress not 
later than 30 days after enactment of this act an oversight 
plan for the FBI. This section further requires the Attorney 
General to submit a report and recommendation to the House and 
Senate Committees on the Judiciary not later than 90 days after 
enactment of this act on whether there should be established a 
separate office of Inspector General for the FBI that shall be 
responsible for supervising independent oversight of programs 
and operations of the FBI.
    Finally, title III authorizes eight new permanent 
judgeships as follows: five judgeships in the Southern District 
of California; two judgeships in the Western District of Texas; 
and one judgeship in the Western District of North Carolina. 
Section 312 would also convert two temporary judgeships in 
Illinois into permanent judgeships, create one new temporary 
judgeship in the Western District of North Carolina, and extend 
the temporary judgeships in the Northern District of Ohio for 5 
years.
    Title IV establishes a separate Violence Against Women 
Office (VAWO) within the Department. The VAWO is 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 authorizes appropriations 
to ensure the VAWO is adequately staffed.
    The 21st Century Department of Justice Appropriations 
Authorization Act should result in a more effective, as well as 
efficient, Department of Justice for the American people.

              II. Background and Need for the Legislation

    Authorization is the process by which Congress creates, 
amends, and extends programs in response to national needs. 
Authorization is perhaps the most important oversight tool that 
a Committee can employ. Through authorization, legislative 
committees establish management objectives and provide 
expertise and guidance to the Appropriations Committee. Once a 
Federal program has been authorized, the Appropriations 
Committee provides the actual budget authority, which allows 
Federal agencies to enter into obligations and spend the money 
that is appropriated. We have ceded the authorization power to 
the appropriators for too long. Our bipartisan legislation is 
an attempt to reaffirm the authorizing authority and 
responsibility of the House and Senate Judiciary Committees.
    The last time Congress properly authorized spending the 
entire Department was in 1979.\3\ Congress extended that 
authorization in 1980 and 1981. Since then, neither has 
Congress passed nor the President signed an authorization bill 
for the Department. There were, in fact, a number of years when 
Congress failed to consider any Department authorization bill 
due to either poor timing or the addition of controversial 
amendments to authorization bills. This 21-year failure to 
properly reauthorize the Department has forced the 
Appropriations Committees in both Houses to reauthorize and 
appropriate funds. This legislation will, for the first time in 
over 20 years, comprehensively authorize the Department and its 
various components.
---------------------------------------------------------------------------
    \3\ Department of Justice Appropriations Authorization Act, fiscal 
year 1980, Public Law 96-132, 93 stat. 1040 (Nov. 30, 1979).
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    In addition, the bill as passed by the Committee, contains 
language offered as an amendment by Senator Feinstein to 
authorize a number of new judgeships. The Committee believes 
that the need for these new judgeships is acute.
    The Southern District of California, for example, is the 
most overworked, understaffed court in the county. The local 
judges have gone so far as to publicly warn Congress that if 
new judgeships aren't created, there is a ``substantial risk of 
physical calamity.'' The Southern District of California had a 
weighted caseload of 978 cases per judgeship in calendar year 
2000, the highest in the country, and more than double the 
national average. The Judicial Conference recommends that new 
judgeships be created when caseload figures reach less than 
half that level--430 cases per judge.
    As a result of stepped-up enforcement, from March 1994 
through March 1999, criminal case filings in Southwestern 
border courts increased by 125 percent (from 6,460 to 14,517), 
drug prosecutions in these same districts increased by 189 
percent (from 2,864 to 5,414), and immigration prosecutions by 
431 percent (from 1,056 to 5,614). Indeed, the Southern 
District of California has the heaviest criminal caseload in 
the Nation. The weighted average caseload is 468 cases per 
judge. This is more than 500 percent above the national average 
of 74 cases per judge.
    Despite all these increased prosecutorial resources, 
Congress has not authorized any new judgeships for the Southern 
District of California since 1990. Thus, the eight judges who 
struggled to handle 1,200 felony cases in 1994, handled 3,900 
in 1999. Last year, the Southern District of California was the 
only border district that did not receive a single new judge--
despite having the highest caseload.
    On July 11 of this year, all 12 judges of the Court (eight 
active and four on senior status) wrote to Congress appealing 
for help. The letter stated, ``We, each and every U.S. District 
Judge of the Southern District of California, write to advise 
you of circumstances confronting our bench which (1) imperil 
the administration of justice and (2) create a substantial risk 
of serious physical calamity in our courtrooms.''
    The Committee believes that the new judgeships authorized 
by this legislation are not only advisable, but necessary.

                      III. Committee Consideration

    On Thursday, October 18, 2001, the full Committee met in 
open session and ordered favorably reported the bill S. 1319, 
with an amendment in the nature of a substitute sponsored by 
Senators Leahy and Hatch, as amended, by a voice vote, a quorum 
being present.

                       IV. Votes of the Committee

    First, Senator Biden and Senator Specter offered an 
amendment to establish a permanent and separate Violence 
Against Women Office to implement the Violence Against Women 
Acts of 1994 and 2000. The Office would be headed by a director 
appointed by the President with the advice and consent of the 
Senate. The amendment was agreed to by unanimous voice vote.
    Second, Senator Feinstein offered an amendment that would 
authorize eight new permanent judgeships to be located as 
follows: five judgeships in the Southern District of 
California, two judgeships in the Western District of Texas, 
and one judgeship in the Western District of North Carolina. In 
addition, the amendment would convert two temporary judgeships 
in Illinois into permanent judgeships, create one new temporary 
judgeship in the Western District of North Carolina, and extend 
the temporary judgeship in the Northern District of Ohio by 5 
years. The amendment was agreed to by unanimous voice vote.

             V. Section-by-Section Analysis and Discussion

Section 1.--Short title and table of contents

    Section 1 provides that the short title of the Act shall be 
the 21st Century Department of Justice Appropriations 
Authorization Act. It also contains a table of contents.

     Title I--Authorization of appropriations for fiscal year 2002

Section 101.--Specific sums authorized to be appropriated

    Section 101 authorizes appropriations to carry out the work 
of the various components of the Department of Justice for 
fiscal year 2002. The structure of title I mirrors the 
organization of the annual Commerce-Justice-State (CJS) 
appropriations bill and the President's budget request. The 
bill authorizes the appropriations of amounts requested by the 
President in most accounts. The accounts, and the activities 
and components that each would fund, are as follows:
    General Administration--$93,433,000.--For the leadership 
offices of the Department (including the offices of the 
Attorney General and Deputy Attorney General) and the Justice 
Management Division, Executive Support Program, Intelligence 
Policy, Office of Professional Responsibility, and General 
Administration.
    Administrative Review and Appeals--$178,499,000.--For the 
Executive Office for Immigration Review and the Office of the 
Pardon Attorney.
    Office of Inspector General--$55,000,000.--For the 
investigation of allegations of violations of criminal and 
civil statutes, regulations, and ethical standards by 
Department employees, and for the new position of Deputy 
Inspector General to oversee the Federal Bureau of 
Investigation. This amount is $10 million above the President's 
request. The IG's Office has been severely downsized over the 
last several years from approximately 460 to 360 full-time 
equivalents. Oversight is a priority and this level of funding 
should get the IG back on the path of meeting the audit and 
oversight needs of the Department. The Committee expects that 
the OIG will substantially increase its oversight of the FBI, 
INS, and the Department's grant programs.
    General Legal Activities--$566,822,000.--For the conduct of 
the legal activities of the Department. This includes the 
Office of Solicitor General, Tax Division, Criminal Division, 
Civil Division, Environment and Natural Resources Division, 
Civil Rights Division, Office of Legal Counsel, Interpol, Legal 
Activities Office Automation, and Office of Dispute Resolution. 
The authorization includes not less than $4,000,000 to augment 
the investigation and prosecution of denaturalization and 
deportation cases involving alleged Nazi war criminals and not 
less than $10,000,000 to augment 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).
    Antitrust Division--$140,973,000.--For decreasing 
anticompetitive behavior among U.S. businesses and increasing 
the competitiveness of the national and international business 
environment.
    United States Attorneys--$1,346,289,000.--For the 93 U.S. 
Attorneys and their offices and the Executive Office of U.S. 
Attorneys. The U.S. Attorneys represent the United States in 
the vast majority of criminal and civil cases handled by the 
Justice Department.
    Federal Bureau of Investigation--$3,507,109,000.--For the 
detection, investigation, and prosecution of crimes against the 
United States. The FBI is also authorized by Executive Order to 
protect against foreign intelligence and international 
terrorist activities and, in certain circumstances, to collect 
foreign intelligence.
    United States Marshals Service--$626,439,000.--To protect 
the Federal courts and its personnel and to ensure the 
effective operation of the Federal judicial system, of which no 
more than $6,621,000 may be used for construction.
    Federal Prison System--$4,662,710,000.--For the 
administration, operation, and maintenance of Federal penal and 
correctional institutions.
    Federal Prison Detention--$724,682,000.--For the support of 
U.S. prisoners in non-Federal institutions, as authorized by 18 
U.S.C. Sec. 4013(a).
    Drug Enforcement Agency--$1,480,929,000.--To enforce the 
controlled substance laws and regulations of the United States 
and to recommend and support nonenforcement programs aimed at 
reducing the availability of illicit controlled substances on 
the domestic and international markets.
    Immigration and Naturalization Service--$3,516,411,000.--
For the administration and enforcement of the laws relating to 
immigration, naturalization, and alien registration, of which 
no more than $2,737,341,000 for salaries and expenses and 
border affairs, no more than $650,660,000 for salaries and 
expenses of citizenship and benefits, and no more than 
$128,410,000 for construction.
    Fees and Expenses of Witnesses--$156,145,000.--For fees and 
expenses associated with providing witness testimony on behalf 
of the United States, expert witnesses, and private counsel for 
Government employees who have been sued, charged, or subpoenaed 
for actions taken while performing their official duties.
    Interagency Crime and Drug Enforcement--$338,106,000.--For 
the detection, investigation, and prosecution of individuals 
involved in organized crime drug trafficking.
    Foreign Claims Settlement Commission--$1,130,000.--To 
adjudicate claims of U.S. nationals against foreign governments 
under jurisdiction conferred by the International Claims 
Settlement Act of 1949, as amended, and other authorizing 
legislation.
    Community Relations Service (CRS)--$9,269,000.--To assist 
communities in preventing violence and resolving conflicts 
arising from racial and ethnic tensions and to develop the 
capacity of such communities to address these conflicts without 
external assistance. CRS activities are conducted in accordance 
with title X of the Civil Rights Act of 1964.
    Assets Forfeiture Fund--$22,949,000.--To provide a stable 
source of resources to cover the costs of the asset seizure and 
forfeiture program, including the costs of seizing, evaluating, 
inventorying, maintaining, protecting, advertizing, forfeiting, 
and disposing of property.
    United States Parole Commission--$10,862,000.--For the 
activities of the U.S. Parole Commission. The Commission has 
jurisdiction over all Federal prisoners eligible for parole, 
wherever confined, and continuing jurisdiction over those who 
are released on parole or as if on parole.
    Federal Detention Trustee--$1,718,000.--For necessary 
expenses to exercise 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 U.S. Marshall 
Service; and the detention of aliens in the custody of the 
Immigration and Naturalization Service.
    Joint Automated Booking System--$15,957,000.--For expenses 
necessary for the nationwide deployment of a Joint Automated 
Booking System including automated capability to transmit 
fingerprint and image data.
    Narrowband Communications--$104,606,000.--For the costs of 
conversion to narrowband communications, including the cost for 
operation and maintenance of Land Mobile Radio legacy systems.
    Counterterrorism Fund--$4,989,000.--For the reimbursement 
of: (1) the costs incurred in reestablishing the operational 
capability of an office or facility which has been damaged or 
destroyed as a result of any domestic or international 
terrorist incident and (2) the costs of providing support to 
counter, investigate or prosecute domestic or international 
terrorism, including payment of rewards in connection with 
these activities.
    Office of Justice Programs--$116,369,000.--For necessary 
administrative expenses of the Office of Justice Programs.

Section 102.--Appointment of additional Assistant United States 
        Attorneys and reduction of certain litigation positions

    This section authorizes the Attorney General to transfer 
200 additional Assistant U.S. Attorneys from among the six 
litigating divisions at the Justice Department's headquarters 
(Main Justice) in Washington, DC, to the various U.S. Attorneys 
offices around the country. Vacant positions resulting from 
transfers pursuant to this section will be terminated. This 
section is intended to raise the productivity of Washington-
based lawyers, who litigate criminal and civil cases across the 
nation for the Justice Department, by moving them to the field. 
Litigating attorneys for the Government are most effective in 
the Federal judicial district where their cases are pending. 
The transfer authorization is discretionary to prevent ongoing 
litigation from being adversely effected.

Section 103.--Authorization of additional Assistant United States 
        Attorneys for Project Safe Neighborhoods

    This section authorizes an additional Assistant United 
States Attorney in each of the 94 U.S. Attorney Offices to 
implement part of the Administration's Project Safe 
Neighborhoods proposal to reduce school gun violence across the 
Nation. These prosecutors will assist in targeting juveniles 
who obtain weapons and commit violent crimes, as well as the 
adults who place firearms in the hands of juveniles.

                title ii--permanent enabling provisions

Section 201.--Permanent authority

    Section 201 amends chapter 31 of title 28, United States 
Code, by creating a new section, ``530C''. This section details 
permitted uses of available funds by the Attorney General to 
carry out the activities of the Justice Department. General 
permitted uses of available funds include:
   payment for motor vehicles, boats, and aircraft;
   payment for service of experts and consultants, and 
        payment for private counsel;
   payment for official reception and representation 
        expenses and public tours;
   payment of unforeseen emergencies of a confidential 
        character;
   payment of miscellaneous and emergency expenses;
   payment of certain travel and attendance expenses;
   payment of contracts for personal services abroad;
   payment of interpreters and translators;
   payment for uniforms;
   payment for primary and secondary schooling of 
        dependents of personnel stationed overseas; and
   payment for rewards;
    Specific permitted uses of available funds include:
   payment for aircraft and boats;
   payment for ammunition, firearms, and firearm 
        competitions; and
   payment for construction of certain facilities.
    The use of funds appropriated for Fees and Expenses of 
Witnesses is limited to certain expenses and the construction 
of witness safesites. The use of funds appropriated for the 
Federal Bureau of Investigation is limited to the detection, 
investigation, and prosecution of crimes against the United 
States. The use of funds appropriated for the Immigration and 
Naturalization Service is limited to general Immigration and 
Naturalization Service activities. The use of appropriated 
funds for the Federal Prison System is limited to general 
function of the Federal Prison System. The use of appropriated 
funds for the Detention Trustee is limited to the functions 
authorized by law relating the detention of Federal prisoners 
in non-Federal institutions or otherwise in the custody of the 
U.S. Marshals Service and for the detention of aliens in the 
custody of the INS.
    The Attorney General is prohibited from compensating 
employed attorneys who are not duly licensed and authorized to 
practice under the law of a State, U.S. territory, or the 
District of Columbia. And reimbursement payments to 
governmental units of the Department of Justice, other Federal 
entities, or State or local governments are limited to uses 
permitted by the authority permitting such reimbursement 
payment.
    The section also permits the FBI to enter into cooperative 
projects with foreign countries to improve law enforcement or 
intelligence operations and to charge a fee for training of 
railroad police officers. In addition, the section authorizes 
the Attorney General to seek reimbursement of warranty work 
performed at Department of Justice facilities. The 
administration requested these provisions in its budget 
submission for fiscal year 2002.

Section 202.--Permanent authority relating to the enforcement of laws

    Section 202 amends chapter 31 of title 28, United States 
Code, by creating a new section, ``530D'' relating to reporting 
on the enforcement of laws. This section directs the Attorney 
General to report to Congress in any case in which the Attorney 
General, the President, head of executive agency, or military 
department:
          (1) establishes a policy to refrain from enforcing 
        any provision of a Federal statute, rule regulation, 
        program, policy, or other law within the responsibility 
        of the Attorney General;
          (2) refrains from adhering to, enforcing, applying, 
        or complying with any other judicial determination or 
        other statute, rule, regulation, program, or policy 
        within the responsibility of the Attorney General;
          (3) decides to contest in any judicial, 
        administrative, or other proceeding, the 
        constitutionality of any provision of any Federal 
        statute, rule, regulation, program, policy, or other 
        law;
          (4) refrains 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 such 
        provision when the constitutionality of the provision 
        is challenged; or
          (5) when the Attorney General approves the settlement 
        or compromise of any claim, suit or other action 
        against the United States for more than $2,000,000 
        (excluding prejudgment interest) or for certain 
        injunctive relief against the Government that is likely 
        to exceed three years.
    Each report, which is subject to certain time and content 
requirements, must be submitted to the Majority and Minority 
Leaders of the Senate, the Speaker of the House, House Majority 
Leader, House Minority Leader, and the Chairman and ranking 
minority member of the Senate and House Committees on the 
Judiciary, the Senate Legal Counsel and the General Counsel of 
the House of Representatives. Section 202 also includes a 
number of conforming amendments.

Section 203.--Notifications and reports to be provided simultaneously 
        to committees

    Section 203 requires the Attorney General or other officer 
of the Department of Justice to simultaneously submit copies of 
any notice or report, which is required by law to be submitted 
to other Committees or Subcommittees of Congress, to the House 
and Senate Judiciary Committees.

Section 204.--Miscellaneous uses of funds; technical amendments

    Section 204 provides technical amendments to the Bureau of 
Justice Assistance grant programs in title I of the Omnibus 
Crime Control and Safe Streets Act of 1968. It also makes minor 
amendments to the amount available to compensate attorneys 
specially retained by the Attorney General.

Section 205.--Technical amendment; authority to transfer property of 
        marginal value

    Section 205 makes technical amendments to section 524(c) of 
title 28, United States Codes, clarifies the Attorney General's 
authority to transfer property of marginal value, and requires 
the use of standard criteria for the purpose of categorizing 
offenders, victims, actors, and those acted upon in 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. It 
also requires the Attorney General to notify Congress in 
writing of any civil asset forfeiture award greater than 
$500,000. This section further makes several clerical and 
technical amendments to title 28, United States Code. In 
addition, this section adds authority to ensure that no 
inference is created that the Government is liable for interest 
on certain retroactive payments made by the Department of 
Justice, and to improve financial systems and debt-collection 
activities.

Section 206.--Oversight; waste, fraud, and abuse of appropriations

    Section 206 amends section 529 of title 28, United States 
Code, to require the Attorney General to submit an annual 
report to the House and Senate Committees on the Judiciary 
describing:
   every grant, cooperative agreement, or programmatic 
        services contract that was made, entered into, awarded, 
        or supplemented in the immediately preceding fiscal 
        year by or on behalf of the Office of Justice Programs 
        (other than one made to a governmental entity, pursuant 
        to a statutory formula); and
   a report on every grant, cooperative agreement, or 
        programmatic services contract made, entered into, 
        awarded, or supplemented by or on behalf of the Office 
        of Justice Programs that was terminated or that 
        otherwise ended in the immediately preceding fiscal 
        year (other than one made to a governmental entity, 
        pursuant to a statutory formula).
In addition, section 206 amends the Anti-Lobbying Act to expand 
its coverage to all legislative activity at the Federal and 
State level and establishes a new reporting requirement on the 
enforcement and prosecution of copyright infringements, along 
with a number of conforming amendments.

Section 207.--Enforcement of the Federal criminal laws by Attorney 
        General

    Section 207 provides clarifying amendments to title 28, 
United States Code, relating to the enforcement of Federal 
criminal law.

Section 208.--Counterterrorism fund

    Section 208 establishes a counterterrorism fund in the 
Treasury of the United States, without effecting prior 
appropriations, to reimburse Justice Department components for 
any costs incurred in connection with:
          (1) reestablishing the operational capability of an 
        office or facility that has been damaged as the result 
        of any domestic or international terrorism incident;
          (2) providing support to counter, investigate, or 
        prosecute domestic or international terrorism, 
        including paying rewards in connection with these 
        activities;
          (3) conducting terrorism threat assessments of 
        Federal agencies; and
          (4) for costs incurred in connection with detaining 
        individuals in foreign countries who are accused of 
        acts of terrorism in violation of U.S. law.

Section 209.--Strengthening law enforcement in U.S. territories, 
        commonwealths, and possessions

    Section 209 allows the payment of a retention bonus and 
other extended assignment incentives to retain law enforcement 
personnel in U.S. territories, commonwealths and possessions. 
This new authority is needed to continue the fight against drug 
and crime problems in these areas.

Section 210.--Additional authorities of the Attorney General

    Section 210 provides special ``danger pay'' allowances for 
FBI agents in hazardous duty locations outside the United 
States, as is provided for agents of the Drug Enforcement 
Administration.

                        title iii--miscellaneous

Section 301.--Repealers

    Section 301 repeals open-ended authorizations of 
appropriations for the National Institute of Corrections and 
the U.S. Marshals Service and redundant authorizations for 
payment of rewards.

Section 302.--Technical amendments to title 18 of the United States 
        Code

    Section 302 makes several minor clarifying amendments to 
title 18, United States Code. Section 302(3) moves a comma that 
became the focus of a statutory construction question in 
Crandon v. United States.\4\
---------------------------------------------------------------------------
    \4\ 494 U.S. 152 (1990) (J. Scalia concurring).
---------------------------------------------------------------------------

Section 303.--Required submission of proposed authorization of 
        appropriations for the Department of Justice for fiscal year 
        2003

    Section 303 requires the President to submit a Department 
of Justice authorization bill for fiscal year 2003 to the House 
and Senate Committees on the Judiciary when the President 
submits his fiscal year 2003 budget. This authorization bill 
should contain any recommended additions, changes or 
modifications to existing authorities that may be necessary to 
carry out the functions of the Department. Any such addition, 
change, or modification should be accompanied by a description 
of the change and the justification for the change.

Section 304.--Study of untested rape examination kits

    Section 304 requires the Attorney General to conduct a 
study and assessment of untested rape examination kits that 
currently exist nationwide, including information from all law 
enforcement jurisdictions. The Attorney General is required to 
submit a report of this study and assessment to the Congress.

Section 305.--Reports on use of DCS 1000 (``Carnivore'')

    Section 305 requires the Attorney General and Director of 
the Federal Bureau of Investigation to submit a timely report 
to the House and Senate Committees on the Judiciary detailing, 
among other things, as:
          1. the kind and number of orders or extensions 
        applied for to authorize the use of the DCS 1000 
        program (or any subsequent version of such program);
          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 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).

Section 306.--Study of allocation of litigating attorneys

    Section 306 requires the Attorney General to report to 
Congress within 180 days of enactment of this bill on the 
allocation of funds, attorneys, and other personnel, per-
attorney workloads for each office of U.S. Attorney and each 
division of the Department of Justice.

Section 307.--Use of truth-in-sentencing and violent offender 
        incarceration grants

    Section 307 provides States with flexibility to use 
existing Truth-In-Sentencing and Violent Offender Incarceration 
Grants to account for juveniles being housed in adult prison 
facilities.

Section 308.--Authority of the Department of Justice Inspector General

    Section 308 codifies the Attorney General's order of July 
11, 2001, which revised Department of Justice's regulations 
concerning the Inspector General. The section ensures that the 
Inspector General for the Department of Justice has the 
authority to decide whether a particular allegation of 
misconduct by Department of Justice personnel, including 
employees of the Federal Bureau of Investigation and the Drug 
Enforcement Administration, should be investigated by the 
Inspector General or by the internal affairs unit of the 
appropriate component of the Department of Justice. Consistent 
with the Attorney General's order, the one exception is that 
allegations of misconduct that relate to the exercise of an 
attorney's authority to investigate, litigate, or provide legal 
advice should be referred to the Office of Professional 
Responsibility of the Department of Justice.

Section 309.--Review of the Department of Justice

    Section 309 directs the Inspector General of the Department 
to appoint an official from the Inspector General's office to 
be responsible for supervising and coordinating independent 
oversight of programs and operations of the FBI until the end 
of the 2003 fiscal year. This section also requires the 
Inspector General of the Department to submit to Congress not 
later than 30 days after enactment of this act an oversight 
plan for the FBI. This section further requires the Attorney 
General to submit a report and recommendation to the House and 
Senate Committees on the Judiciary not later than 90 days after 
enactment of this act on whether there should be established a 
separate office of Inspector General for the FBI that shall be 
responsible for supervising independent oversight of programs 
and operations of the FBI.

Section 310.--Use of residential substance abuse treatment grants to 
        provide for services during and after incarceration

    Section 310 authorizes the use of Residential Substance 
Abuse Treatment Grants for treatment and sanctions both during 
incarceration and after release, as requested in the 
Administration's fiscal year 2002 budget request.

Section 311.--Report on threats and assaults against Federal law 
        enforcement officers, U.S. judges, U.S. officials and their 
        families

    Section 311 repeals a burdensome reporting requirement on 
the compilation of statistics relating to intimidation of 
Government employees and requires the Attorney General to 
report to Congress not later than 90 days after enactment of 
this act on the number of investigations and prosecutions on 
threats and assaults against Federal law enforcement officers, 
U.S. judges, U.S. officials and their families.

Section 312.--To provide for the appointment of additional Federal 
        district judges, and for other purposes

    Section 312 authorizes eight new permanent judgeships as 
follows: five judgeships in the Southern District of 
California; two judgeships in the Western District of Texas; 
and one judgeship in the Western District of North Carolina. It 
would also convert two temporary judgeships in Illinois into 
permanent judgeships, create one new temporary judgeship in the 
Western District of North Carolina, and extend the temporary 
judgeship in the Northern District of Ohio for 5 years.

                    title iv--violence against women

Section 401.--Short title

    Section 401 establishes the ``Violence Against Women Office 
Act'' as the short title.

Section 402.--Establishment of Violence Against Women Office

    Section 402 establishes a Violence Against Women Office 
(VAWO) as a separate office within the Department of Justice, 
headed by a director.

Section 403.--Jurisdiction

    Section 403 provides that the VAWO shall have jurisdiction 
over all matters related to the administration, enforcement, 
coordination, and implementation of all responsibilities of the 
Attorney General or the Department related to violence against 
women, including grants authorized under the Violence Against 
Women Act of 1994 and the Violence Against Women Act of 2000.

Section 404.--Director of Violence Against Women Office

    Section 404 establishes the VAWO shall be headed by a 
presidentially appointed and Senate confirmed Director. In 
addition, the Director is prohibited from other employment 
during service as Director.

Section 405.--Regulatory authorization

    Section 405 authorizes the Director to issue such rules, 
regulations and procedures as are necessary to run the VAWO and 
are consistent with the Violence Against Women Act of 1994 and 
the Violence Against Women Act of 2000.

Section 406.--Office Staff

    Section 406 requires the Attorney General to ensure that 
the VAWO receives adequate staff to support the Director in 
carrying out the responsibilities of the VAWO Act.

Section 407.--Authorization of appropriations

    Section 407 authorizes such sums as are necessary to carry 
out the VAWO Act.

             VI. Congressional Budget Office Cost Estimate

    In compliance with paragraph 11(a) of rule XXVI of the 
standing rules of the Senate, the Committee sets forth, with 
respect to the bill, S. 1319, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 8, 2001.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
completed the enclosed cost estimate for S. 1319, the 21st 
Century Department of Justice Appropriations Authorization Act. 
The CBO staff contract for this estimate is Mark Grabowicz.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1319--21st Century Department of Justice Appropriations 
        Authorization Act

    Summary: S. 1319 would authorize the appropriation of funds 
for fiscal year 2002 for many programs and agencies in the 
Department of Justice (DOJ), including the Federal Bureau of 
Investigation, the Immigration and Naturalization Service, the 
United States Attorneys, and the Bureau of Prisons. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing S. 1319 would cost $17.6 billion over the 2002-
2006 period. (Spending by the four agencies listed above would 
account for almost $13 billion of that total.)
    CBO also estimates that enacting of S. 1319 would increase 
direct spending by $155 million over the next five years, 
primarily by allowing DOJ to spend certain collections that are 
not available for spending under current law.
    S. 1319 would authorize DOJ to retain and spend 6 percent 
of the federal civil debt that the agency seeks to recover on 
behalf of other agencies. Currently, DOJ may retain and use 3 
percent of such funds. CBO estimates that this provision would 
increase direct spending by $65 million in fiscal year 2002 and 
by $25 million in each year thereafter. In addition, the bill 
would eliminate federal interest payments to states related to 
reimbursement for costs to incarcerate certain illegal aliens. 
CBO estimates that this provision would decrease direct 
spending by $3 million annually. Finally, enacting this 
legislation would increase direct spending by about $1 million 
annually to fund eight federal district judges that would be 
authorized by the bill. Because this legislation would affect 
direct spending, pay-as-you-go procedures would apply.
    S. 1319 contains in intergovernmental mandate as defined in 
the Unfunded Mandates Reform Act (UMRA). CBO estimates that the 
costs of this mandate would be well below the threshold 
established in UMRA. The threshold is $56 million in 2001; (it 
is adjusted annually for inflation). S. 1319 contains no 
private-sector mandates as defined UMRA.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of S. 1319 is shown in the following table. 
The cost of this legislation falls within budget functions 750 
(administration of justice), 050 (national defense), and 150 
(international affairs).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year in millions of dollars--
                                                               -------------------------------------------------
                                                                  2002      2003      2004      2005      2006
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:
    Budget Authority \1\......................................         0         0         0         0         0
    Estimated Outlays.........................................     3.023     1.315       292       131        79
Proposed Changes:
    Estimated Authorization Level.............................    17,698         0         0         0         0
    Estimated Outlays.........................................    13,471     2,589     1,205       259        58
Spending Under S 1319:
    Estimated Authorization Level \1\.........................    17,698         0         0         0         0
    Estimated Outlays.........................................    16,494     3,904     1,497       390       137

                                           CHANGES IN DIRECT SPENDING

Estimated Budget Authority....................................        63        23        23        23        23
Estimated Outlays.............................................        63        23        23        23        23
----------------------------------------------------------------------------------------------------------------
\1\ The programs that would be authorized by the bill received a total appropriation of $15.6 billion in fiscal
  year 2001. A full-year appropriation for 2002 for these agencies has not yet been provided.

    Basis of Estimate: CBO estimates that implementing S. 1319 
would cost $17.6 billion over the next five years assuming 
appropriation of the necessary funds. We also estimate that 
enacting the bill would increase direct spending by $155 
million over the next five years.

Spending subject to appropriation

    For the purposes of this estimate, CBO assumes that the 
amounts authorized by the bill will be appropriated near the 
start of fiscal year 2002 and that spending will follow the 
historical spending rates for the authorized activities. We 
expect a few programs to spend additional funds more slowly 
than the historical rates because the bill would authorize 
substantial increases in funding, relative to the amounts 
appropriated for 2001.
    Under current law, the Antitrust Division of DOJ is 
authorized to collect pre-merger filing fees and spend such 
collections without further appropriation action. CBO assumes 
that the amounts authorized to be appropriated in S. 1319 for 
the Antitrust Division are in addition to this current 
authority.
    Section 102 of the bill would authorize the transfer of 200 
positions within DOJ to create additional assistant U.S. 
attorneys. Under the bill, the new positions would be filled by 
current litigation attorneys, and those positions would be 
eliminated. Based on information from DOJ, we estimate that 
implementing this provision would cost $6 million in 2002 to 
pay for increases in salaries, benefits, and travel costs.

Direct spending

    Under current law, DOJ seeks to collect civil debts owed to 
federal agencies and is authorized to retain 3 percent of such 
collections to cover its administrative costs. The agency has 
retained and spent about $25 million annual in recent years. S. 
1319 would authorize the agency to retain and spend 6 percent 
of funds collected. CBO estimates that DOJ would retain and 
spend an additional $25 million annually under S. 1319. Because 
these funds would otherwise be returned to the Treasury, this 
authority would cause an increase in direct spending.
    In addition, some of the debts that DOJ collects under 
current law stem from obligations of borrowers participating in 
federal credit programs. By authorizing DOJ to retain and spend 
additional funds from such collections. S. 1319 would modify 
the expected costs of existing loans and loan guarantees. The 
Federal Credit Reform Act requires that the costs of modifying 
loans and loan guarantees be recorded in the year the 
legislation authorizing such modifications is enacted. Based on 
collections in recent years, CBO estimates that the cost of the 
loan modification that would be authorized by for S. 1319 would 
be about $40 million 2002.
    Under current law, DOJ make payments to states under the 
State Criminal Alien Assistance Program to reimburse them for 
costs to incarcerate illegal aliens. When such payments are not 
made in a timely manner, the Department of the Treasury makes 
interest payments to the affected states. S. 1319 would 
eliminate those federal interest payments. Based on the amounts 
of such payments in recent years, CBO estimates that enacting 
this provision would reduce direct spending by $3 million 
annually. Finally, S. 1319 would authorize eight additional 
federal district judges. Based on information from the 
Administrative Office of the United States Courts, CBO 
estimates that this provision would cost about $1 million 
annually for salaries and expenses.
    Pay-as-you-go considerations: The Balance Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. The 
changes in direct spending that would be subject to pay-as-you-
go procedures are shown in the following table. For the 
purposes of pay-as-you-go procedures, only the effects in the 
budget year and the succeeding four years are counted.

----------------------------------------------------------------------------------------------------------------
                                                          By fiscal year, In millions of dollars--
                                           ---------------------------------------------------------------------
                                             2002   2003   2004   2005   2006   2007   2008   2009   2010   2011
----------------------------------------------------------------------------------------------------------------
Changes in outlays........................     63     23     23     23     23     24     24     24     24     24
Changes in receipts.......................                             Not applicable
----------------------------------------------------------------------------------------------------------------

    Estimated impact on state, local, and tribal governments: 
Section 205(f) would eliminate federal interest payments to 
states to reimbursement for costs to incarcerate certain 
illegal aliens. Interest payments are made by the Treasury 
Department when reimbursements under DOJ's State Criminal Alien 
Assistance Program are not made in a timely manner. Because 
reduction in interest payments would increase states' net 
incarceration costs, the provision constitutes an 
intergovernmental mandates as defined in UMRA. CBO estimates 
that the costs of this mandate would be well below the 
threshold established in UMRA. The threshold is $56 million in 
2001; (it is adjusted annually for inflation.)
    Estimated impact on the private section: This bill contains 
no new private-sector mandates as defined in UMRA.
    Previous CBO estimate: On July 6, 2001, CBO transmitted a 
cost estimate for H.R. 2215, the 21st Century Department of 
Justice Appropriations Authorization Act, as ordered reported 
by the House Committee on the Judiciary June 20, 2001. The two 
pieces of legislation authorize very similar 2002 funding 
levels for DOJ, but H.R. 2215 would not affect direct spending.
    Estimate prepared by: Federal Costs: Mark Grabowicz and 
Lanett J. Walker, Impact on State, Local, and Tribal 
Governments: Victoria Heid Hall. Impact on the Private Sector: 
Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    VII. Regulatory Impact Statement

    Pursuant to paragraph 11(b), rule XXVI of the Standing 
Rules of the Senate, the Committee, after due consideration, 
concludes that S. 1319 will not have significant regulatory 
impact.

                     VIII. Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 1319, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                         UNITED STATES CODE

           *       *       *       *       *       *       *

             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *

                          PART III--EMPLOYEES

           *       *       *       *       *       *       *

                     Subpart D--Pay and Allowances

           *       *       *       *       *       *       *

                   CHAPTER 53--PAY RATES AND SYSTEMS

                Subchapter I--Pay Comparability System

           *       *       *       *       *       *       *

Sec. 5307. Limitation on certain payments

    (a)(1) Except as otherwise permitted by or under law, no 
allowance, differential, bonus, award, or other similar cash 
payment under this title may be paid to an employee in a 
calendar year if, or to the extent that, when added to the 
total basic pay paid or payable to such employee for service 
performed in such calendar year as an employee in the executive 
branch (or as an employee outside the executive branch to whom 
chapter 51 applies), such payment would cause the total to 
exceed the annual rate of basic pay payable for level I of the 
Executive Schedule, as of the end of such calendar year.
    (2) This section shall not apply to any payment under--
          (A) subchapter III or VII of chapter 55 or section 
        5596;
          (B) chapter 57 (other than section 5753, 5754, [or 
        5755]); or 5755, or 5757

           *       *       *       *       *       *       *

          CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE

           *       *       *       *       *       *       *

                 Subchapter IV--Miscellaneous Provisions

Sec.
5751. Travel expenses of witnesses
     * * * * * * *
5756. Home marketing incentive payment.
5757. Extended assignment incentive.
     * * * * * * *

Sec. 5756. Home marketing incentive payment

    (a) Under regulations prescribed under subsection (b), an 
agency may pay to an employee who transfers in the interest of 
the Government an amount to encourage the employee to 
aggressively market the employee's residence at the official 
station from which transferred when--

           *       *       *       *       *       *       *

    (b)(1) The Administrator of General Services shall 
prescribe regulations to carry out this section.
    (2) The regulations shall include a limitation on the 
maximum amount payable with respect to an employee's residence. 
The Administrator shall establish the limitation in 
consultation with the Director of the Office of Management and 
Budget. For fiscal years 1997 and 1998, the maximum amount 
shall be the amount equal to five percent of the sale price of 
the residence.

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.

           *       *       *       *       *       *       *

                        CHAPTER 59--ALLOWANCES

           *       *       *       *       *       *       *

        Subchapter III--Overseas Differentials and Allowances

           *       *       *       *       *       *       *

Sec. 5928. Danger pay allowance

    An employee serving * * *

                    HISTORICAL AND STATUTORY NOTES

           *       *       *       *       *       *       *

    Danger Pay Allowance: DEA Employee. Pub. L. 101-246, Title 
I, Sec. 151, Feb. 16, 1990, 104 Stat. 42, provided that: ``The 
Secretary of State may not deny a request by the Drug 
Enforcement Administration or Federal Bureau of Investigation 
to authorize a danger pay allowance (under section 5928 of 
title 5, United States Code [this section] for any employee of 
such agency.''

           *       *       *       *       *       *       *

                               APPENDIX 3

                     INSPECTOR GENERAL ACT OF 1978

           *       *       *       *       *       *       *

Sec. 8E. Special provisions concerning the Department of Justice

    (a)(1) Notwithstanding the last two sentences of section 
3(a), the Inspector General shall be under the authority, 
direction, and control of the Attorney General with respect to 
audits or investigations, or the issuance of subpenas, which 
require access to sensitive information concerning--

           *       *       *       *       *       *       *

    (b) In carrying out the duties and responsibilities 
specified in this Act, the Inspector General of the Department 
of Justice--
          (1) may initiate, conduct and supervise such audits 
        and investigations in the Department of Justice as the 
        Inspector General considers appropriate;
          [(2) shall give particular regard to the activities 
        of the Counsel, Office of Professional Responsibility 
        of the Department and the audit, internal 
        investigative, and inspection units outside the Office 
        of Inspector General with a view toward avoiding 
        duplication and insuring effective coordination and 
        cooperation; and
          [(3) shall refer to the Counsel, Office of 
        Professional Responsibility of the Department for 
        investigation, information or allegations relating to 
        the conduct of an officer or employee of the Department 
        of Justice employed in an attorney, criminal 
        investigative, or law enforcement position that is or 
        may be a violation of law, regulation, or order of the 
        Department or any other applicable standard of conduct, 
        except that no such referral shall be made if the 
        officer or employee is employed in the Office of 
        Professional Responsibility of the Department.]
          (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.
    (c) Any report required to be transmitted by the Attorney 
General to the appropriate committees or subcommittees of the 
Congress under section 5(d) shall also be transmitted, within 
the seven-day period specified under such section, to the 
Committees on the Judiciary and Governmental Affairs of the 
Senate and the Committees on the Judiciary and Government 
Operations of the House of Representatives.
    (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.

           *       *       *       *       *       *       *

                TITLE 18--CRIMES AND CRIMINAL PROCEDURE

           *       *       *       *       *       *       *

                            PART I--CRIMES

           *       *       *       *       *       *       *

         CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

           *       *       *       *       *       *       *

Sec. 209. Salary of Government officials and employees payable only by 
                    United States

    (a) Whoever receives any salary, or any contribution to or 
supplementation of salary, as compensation for his services as 
an officer or employee of the executive branch of the United 
States Government, of any independent agency of the United 
States, or of the District of Columbia, from any source other 
than the Government of the United States, except as may be 
contributed out of the treasury of any State, country, or 
municipality; or
    Whoever, whether an individual, partnership, association, 
corporation, or other organization pays, [or makes] makes any 
contribution to, or in any way [supplements the salary of, any] 
supplements, the salary of any such officer or employee under 
circumstances which would make its receipt a violation of this 
subsection--
    Shall be subject to the penalties set forth in section 216 
of this title.

           *       *       *       *       *       *       *

                  CHAPTER 73--OBSTRUCTION OF JUSTICE

           *       *       *       *       *       *       *

Sec. 1516. Obstruction of Federal audit

    (a) Whoever, with intent to deceive or defraud the United 
States, endeavors to influence, obstruct, or impede a Federal 
auditor in the performance of official duties relating to a 
person, entity, or program receiving in excess of $100,000, 
directly or indirectly, from the United States in any 1 year 
period under a contract or subcontract, grant, or cooperative 
agreement, or relating to any property that is security for a 
mortgage note that is insured, guaranteed, acquired, or held by 
the Secretary of Housing and Urban Development pursuant to any 
Act administered by the Secretary, or relating to any property 
that is security for a loan that is made or guaranteed under 
title V of the Housing Act of 1949, shall be fined under this 
title, or imprisoned not more than 5 years, or both.

           *       *       *       *       *       *       *

               CHAPTER 93--PUBLIC OFFICERS AND EMPLOYEES

           *       *       *       *       *       *       *

Sec. 1913. Lobbying with appropriated moneys

    No part of the money appropriated by any enactment of 
Congress shall, in the absence of express authorization by 
Congress, be used directly or indirectly to pay for any 
personal service, advertisement, telegram, telephone, letter, 
printed or written matter, or other device, intended or 
designed to influence in any manner a Member of Congress, [to 
favor] a jurisdiction, or an official of any government, to 
favor, adopt, or oppose, by vote or otherwise, any legislation 
or appropriation [by Congress], whether before or after the 
introduction of any bill, measure, or resolution proposing such 
legislation, law, ratification, policy, or appropriation; but 
this shall not prevent officers or employees of the United 
States or of its departments or agencies from communicating to 
[Members of Congress on the request of any Member] any such 
Member or official, at his request, or to Congress or such 
official, through the proper official channels, requests for 
any legislation, law, ratification, policy, or appropriations 
which they deem necessary for the efficient conduct of the 
public business[.], 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.
    Whoever, being an officer or employee of the United States 
or of any department or agency thereof, violates or attempts to 
violate this section, shall be fined under this title or 
imprisoned not more than one year, or both; and after notice 
and hearing by the superior officer vested with the power of 
removing him, shall be removed from office or employment.

           *       *       *       *       *       *       *

                     CHAPTER 113--STOLEN PROPERTY

           *       *       *       *       *       *       *

Sec. 2320. Trafficking in counterfeit goods or services

    (a) Whoever intentionally * * *

           *       *       *       *       *       *       *

    (f)(1) Beginning with the first year after the date of 
enactment of this subsection, the Attorney General shall 
include in the report of the Attorney General to Congress on 
the business of the Department of Justice prepared pursuant to 
section 522 of title 28, an accounting, on a district by 
district basis, of the following with respect to all actions 
taken by the Department of Justice that involve trafficking in 
counterfeit labels for phonorecords, copies of computer 
programs or computer program documentation or packaging, copies 
of motion pictures or other audiovisual works (as defined in 
section 2318 of [title 18] this title), criminal infringement 
of copyrights (as defined in section 2319 of [title 18] this 
title), unauthorized fixation of and trafficking in sound 
recordings and music videos of live musical performances (as 
defined in section 2319A of [title 18] this title), or 
trafficking in goods or services bearing counterfeit marks (as 
defined in section 2320 of [title 18] this title):
          [(1)](A) The number of open investigations.
          (2)(B) The number of cases referred by the United 
        States Customs Service.
          (3)(C) The number of cases referred by other agencies 
        or sources.
          (4)(D) The number and outcome, including settlements, 
        sentences, recoveries, and penalties, of all 
        prosecutions brought under sections 2318, 2319, 2319A, 
        and 2320 of [title 18] this title.
    (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.

           *       *       *       *       *       *       *

                      PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *

                   CHAPTER 203--ARREST AND COMMITMENT

Sec.
3041. Power of courts and magistrates.
[3059. Rewards and appropriations therefor.
[3059A. Special rewards for information relating to certain financial 
          institution offenses.
[3059B. General reward authority.]
     * * * * * * *

[Sec. 3059. Rewards and appropriations therefor

    [(a)(1) There is authorized to be appropriated, out of any 
money in the Treasury not otherwise appropriated, the sum of 
$25,000 as a reward or rewards for the capture of anyone who is 
charged with violation of criminal laws of the United States or 
any State or of the District of Columbia, and an equal amount 
as a reward or rewards for information leading to the arrest of 
any such person, to be apportioned and expended in the 
discretion of, and upon such conditions as may be imposed by, 
the Attorney General of the United States. Not more than 
$25,000 shall be expended for information or capture of any one 
person.
    [(2) If any of the said persons shall be killed in 
resisting lawful arrest, the Attorney General may pay any part 
of the reward money in his discretion to the person or persons 
whom he shall adjudge to be entitled thereto but no reward 
money shall be paid to any official or employee of the 
Department of Justice of the United States.
    [(b) The Attorney General each year may spend not more than 
$10,000 for services or information looking toward the 
apprehension of narcotic law violators who are fugitives from 
justice.
    [(c)(1) In special circumstances and in the Attorney 
General's sole discretion, the Attorney General may make a 
payment of up to $10,000 to a person who furnishes information 
unknown to the Government relating to a possible prosecution 
under section 2326 which results in a conviction.
    [(2) A person is not eligible for a payment under paragraph 
(1) if--
          [(A) the person is a current or former officer or 
        employee of a Federal, State, or local government 
        agency or instrumentality who furnishes information 
        discovered or gathered in the course of government 
        employment;
          [(B) the person knowingly participated in the 
        offense;
          [(C) the information furnished by the person consists 
        of an allegation or transaction that has been disclosed 
        to the public--
                  [(i) in a criminal, civil, or administrative 
                proceeding;
                  [(ii) in a congressional, administrative, or 
                General Accounting Office report, hearing, 
                audit, or investigation; or
                  [(iii) by the news media, unless the person 
                is the original source of the information; or
          [(D) when, in the judgment of the Attorney General it 
        appears that a person whose illegal activities are 
        being prosecuted or investigated could benefit from the 
        award.
    [(3) For the purposes of paragraph (2)(C)(iii), the term 
``original source'' means a person who has direct and 
independent knowledge of the information that is furnished and 
has voluntarily provided the information to the Government 
prior to disclosure by the news media.
    [(4) Neither the failure of the Attorney General to 
authorize a payment under paragraph (1) nor the amount 
authorized shall be subject to judicial review.]

[Sec. 3059A. Special rewards for information relating to certain 
                    financial institution offenses

    [(a)(1) In special circumstances and in the Attorney 
General's sole discretion, the Attorney General may make 
payments to persons who furnish information unknown to the 
Government relating to a possible prosecution under section 
215, 225, 287, 656, 657, 1001, 1005, 1006, 1007, 1014, 1032, 
1341, 1343, 1344, or 1517 of this title affecting a depository 
institution insured by the Federal Deposit Insurance 
Corporation or any other agency or entity of the United States, 
or to a possible prosecution for conspiracy to commit such an 
offense.
    [(2) The amount of a payment under paragraph (1) shall not 
exceed $50,000 and shall be paid from the Financial Institution 
Information Award Fund established under section 2569 of the 
Financial Institutions Anti-Fraud Enforcement Act of 1990.
    [(b) A person is not eligible for a payment under 
subsection (a) if--
          [(1) the person is a current or former officer or 
        employee of a Federal or State government agency or 
        instrumentality who furnishes information discovered or 
        gathered in the course of his government employment;
          [(2) the furnished information consists of 
        allegations or transactions that have been disclosed to 
        a member of the public in a criminal, civil, or 
        administrative proceeding, in a congressional, 
        administrative, or General Accounting Office report, 
        hearing, audit or investigation, from any other 
        government source, or from the news media unless the 
        person is the original source of the information;
          [(3) the person is an institution-affiliated party 
        (as defined in section 3(u) of the Federal Deposit 
        Insurance Act, 12 U.S.C. 1813(u)) which withheld 
        information during the course of any bank examination 
        or investigation authorized pursuant to section 10 of 
        such Act (12 U.S.C. 1820)) who such party owed a 
        fiduciary duty to disclose;
          [(4) the person is a member of the immediate family 
        of the individual whose activities are the subject of 
        the declaration or where, in the discretion of the 
        Attorney General, it appears the individual could 
        benefit from the award; or
          [(5) the person knowingly participated in the 
        violation of the section with respect to which the 
        payment would be made.
    [(c) For the purposes of subsection (b)(2), the term 
``original source'' means a person who has direct and 
independent knowledge of the information on which the 
allegations are based and has voluntarily provided the 
information to the government prior to the disclosure.
    [(d) Neither the failure of the Attorney General to 
authorize a payment nor the amount authorized shall be subject 
to judicial review.
    [(e)(1) A person who--
          [(A) is discharged, demoted, suspended, threatened, 
        harassed, or in any other manner discriminated against 
        in the terms and conditions of employment by an 
        employer because of lawful acts done by the person on 
        behalf of the person or others in furtherance of a 
        prosecution under any of the sections referred to in 
        subsection (a) (including provision of information 
        relating to, investigation for, initiation of, 
        testimony for, or assistance in such a prosecution); 
        and
          [(B) was not a knowing participant in the unlawful 
        activity that is the subject of such a prosecution, 
        may, in a civil action, obtain all relief necessary to 
        make the person whole.
    [(2) Relief under paragraph (1) shall include--
          [(A)(i) reinstatement with the same seniority status;
          [(ii) 2 times the amount of back pay plus interest; 
        and
          [(iii) interest on the back pay, that the plaintiff 
        would have had but for the discrimination; and
          [(B) compensation for any special damages sustained 
        as a result of the discrimination, including litigation 
        costs and reasonable attorney's fees.]

[Sec. 3059B. General reward authority

    [(a) Notwithstanding any other provision of law, the 
Attorney General may pay rewards and receive from any 
department or agency funds for the payment of rewards under 
this section to any individual who assists the Department of 
Justice in performing its functions.
    [(b) Not later than 30 days after authorizing a reward 
under this section that exceeds $100,000, the Attorney General 
shall give notice to the respective chairmen of the Committees 
on Appropriations and the Committees on the Judiciary of the 
Senate and the House of Representatives.
    [(c) A determination made by the Attorney General to 
authorize an award under this section and the amount of any 
reward authorized shall be final and conclusive, and not 
subject to judicial review.]

           *       *       *       *       *       *       *

  CHAPTER 204--REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND 
                               ESPIONAGE

Sec.
3071. Information for which rewards authorized.
3072. Determination of entitlement; maximum amount; Presidential 
          approval; conclusiveness.
3073. Production of identity.
3074. Exception of governmental officials.
[3075. Authorization for appropriations.]
3076. Eligibility for witness security program.
3077. Definitions.

Sec. 3072. Determination of entitlement; maximum amount; Presidential 
                    approval; conclusiveness

    The Attorney General shall determine whether an individual 
furnishing information described in section 3071 is entitled to 
a reward and the amount to be paid. [A reward under this 
section may be in an amount not to exceed $500,000. A reward of 
$100,000 or more may not be made without the approval of the 
President or the Attorney General personally. A determination 
made by the Attorney General or the President under this 
chapter shall be final and conclusive, and no court shall have 
power or jurisdiction to review it.]

           *       *       *       *       *       *       *

[Sec. 3075. Authorization for appropriations

    [There are authorized to be appropriated, without fiscal 
year limitation, $5,000,000 for the purpose of this chapter.]

           *       *       *       *       *       *       *

                    PART III--PRISONS AND PRISONERS

           *       *       *       *       *       *       *

                    CHAPTER 301--GENERAL PROVISIONS

           *       *       *       *       *       *       *

Sec. 4013. Support of United States prisoners in non-Federal 
                    institutions

    (a) The Attorney General, in [support of United States 
prisoners] Federal prisoner detention in non-Federal 
institutions, is authorized to make payments from funds 
appropriated for the support of United States prisoners for--
          (1) necessary clothing;
          (2) medical care and necessary guard hire; and
          (3) the housing, care, and security of persons held 
        in custody of a United States marshal pursuant to 
        Federal law under agreements with State or local units 
        of government or contracts with private [entities; and] 
        entities.
          [(4)](b) 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 
        entering into contracts or cooperative agreements with 
        any State, territory, or political subdivision thereof, 
        for the necessary construction, physical renovation, 
        acquisition of equipment, supplies, or materials 
        required to establish acceptable conditions of 
        confinement and detention services in any State or 
        local jurisdiction which agrees to provide guaranteed 
        bed space for Federal detainees within that 
        correctional system, in accordance with regulations 
        which are issued by the Attorney General and are 
        comparable to the regulations issued under section 4006 
        of this title, except that--
                  [(A)](1) amounts made available for purposes 
                of this paragraph shall not exceed the average 
                per-inmate cost of constructing similar 
                confinement facilities for the Federal prison 
                population,
                  [(B)](2) the availability of such federally 
                assisted facility shall be assured for housing 
                Federal prisoners, and
                  [(C)](3) the per diem rate charged for 
                housing such Federal prisoners shall not exceed 
                allowable costs or other conditions specified 
                in the contract or cooperative agreement.
    [(b)](c)(1) The United States Marshals Service may 
designate districts that need additional support from private 
detention entities under subsection (a)(3) based on--

           *       *       *       *       *       *       *

    [(c)](d) Health care fees for Federal prisoners in non-
Federal institutions.--
          (1) In general.--Notwithstanding amounts paid under 
        subsection (a)(3), a State or local government may 
        assess and collect a reasonable fee from the trust fund 
        account (or institutional equivalent) of a Federal 
        prisoner for health care services, if--

           *       *       *       *       *       *       *

Sec. 4041. Bureau of Prisons; director and employees

    The Bureau of Prisons shall be in charge of a director 
appointed by and serving directly under the Attorney General 
[at a salary of $10,000 a year]. The Attorney General may 
appoint such additional officers and employees as he deems 
necessary.

           *       *       *       *       *       *       *

            CHAPTER 319--NATIONAL INSTITUTE OF CORRECTIONS

           *       *       *       *       *       *       *

Sec.
[4353. Authorization of appropriations.]
     * * * * * * *

[Sec. 4353. Authorization of appropriations

    [There is hereby authorized to be appropriated such funds 
as may be required to carry out the purposes of this chapter.]

           *       *       *       *       *       *       *

              TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

           *       *       *       *       *       *       *

                     PART I--ORGANIZATION OF COURTS

           *       *       *       *       *       *       *

                       CHAPTER 5--DISTRICT COURTS

           *       *       *       *       *       *       *

Sec. 133. Appointment and number of district judges

    (a) The President shall appoint, by and with the advice and 
consent of the Senate, district judges for the several judicial 
districts, as follows:

           *       *       *       *       *       *       *

        Districts                                                 Judges
[California:
    [Northern.....................................................    14
    [Eastern......................................................     6
    [Central......................................................    27
    [Southern.....................................................    8]
California:
    Northern......................................................    14
    Eastern.......................................................     6
    Central.......................................................    27
    Southern......................................................    13
     * * * * * * *
[Illinois:
    [Northern.....................................................    22
    [Central......................................................     3
    [Southern.....................................................    3]
Illinois:
    Northern......................................................    22
    Central.......................................................     4
    Southern......................................................     4
     * * * * * * *
[North Carolina:
    [Eastern......................................................     4
    [Middle.......................................................     4
    [Western......................................................    3]
North Carolina:
    Eastern.......................................................     4
    Middle........................................................     4
    Western.......................................................     4
     * * * * * * *
[Texas:
    [Northern.....................................................    12
    [Southern.....................................................    19
    [Eastern......................................................     7
    [Western......................................................   11]
Texas:
    Northern......................................................    12
    Southern......................................................    19
    Eastern.......................................................     7
    Western.......................................................    13
     * * * * * * *

                    HISTORICAL AND STATUTORY NOTES

           *       *       *       *       *       *       *

    ``(12) 1 additional district judge for the eastern district 
of Virginia.
    ``[(13) Redesignated (12)]
Except with respect to the western district of Michigan [and 
the eastern district of Pennsylvania],  the eastern district of 
Pennsylvania, and the northern district of Ohio the first 
vacancy in the office of district judge in each of the judicial 
districts named in this subsection, occurring 10 years or more 
after the confirmation date of the judge named to fill the 
temporlary judgeship created by this subsection, shall not be 
filled. The first vacancy in the office of district judge in 
the western district of Michigan, occurring after December 1, 
1995, shall not be filled. The first vacancy in the office of 
district judge in the eastern district of Pennsylvania, 
occurring 5 years or more after the confirmation date of the 
judge named to fill the temporary judgeship created for such 
district under this subsection, shall not be filled. 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. 
For districts named in this subjection for which multiple 
judgeships are created by this Act, the last of those 
judgeships filled shall be the judgeships created under this 
section.''

           *       *       *       *       *       *       *

                     PART II--DEPARTMENT OF JUSTICE

           *       *       *       *       *       *       *

                    CHAPTER 31--THE ATTORNEY GENERAL

Sec.
501. Executive department.
     * * * * * * *
530A. Authorization of appropriations for travel and related expenses 
          and for health care of personnel serving abroad.
530B. Ethical standards for attorneys for the Government.
530C. Authority to use available funds.
530D. Report on enforcement of laws.
     * * * * * * *

Sec. 509. Functions of the Attorney General

    All functions of other officers of the Department of 
Justice and all functions of agencies and employees of the 
Department of Justice are vested in the Attorney General except 
the functions--
          (1) vested by subchapter II of chapter 5 of title 5 
        in administrative law judges employed by the Department 
        of Justice;
          (2) of the Federal Prison Industries, Inc.; and
          (3) of the Board of Directors and officers of the 
        Federal Prison Industries, Inc.[.]

           *       *       *       *       *       *       *

Sec. 515. Authority for legal proceedings; commission, oath, and salary 
                    for special attorneys

    (a) The Attorney General * * *
    (b) Each attorney specially retained under authority of the 
Department of Justice shall be commissioned as special 
assistant to the Attorney General or special attorney, and 
shall take the oath required by law. Foreign counsel employed 
in special cases are not required to take the oath. The 
Attorney General shall fix the annual salary of a special 
assistant or special attorney [at not more than $12,000].

           *       *       *       *       *       *       *

Sec. 522. Report of business and statistics

    (a) The Attorney General, by April 1 of each year, shall 
report to Congress on the business of the Department of Justice 
for the last preceding fiscal year, and on any other matters 
pertaining to the Department that he considers proper, 
including--
          (1) a statement of the several appropriations which 
        are placed under the control of the Department and the 
        amount appropriated;
          (2) the statistics of crime under the laws of the 
        United States; and
          (3) a statement of the number of causes involving the 
        United States; civil and criminal, pending during the 
        preceding year in each of the several courts of the 
        United States.
    (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).

           *       *       *       *       *       *       *

Sec. 524. Availability of appropriations

    (a) Appropriations for the Department of Justice are 
available to the Attorney General for payment of--

           *       *       *       *       *       *       *

    (c)(1) There is established in the United States Treasury a 
special fund to be known as the Department of Justice Assets 
Forfeiture Fund (hereafter in this subsection referred as the 
``Fund'') which shall be available to the Attorney General 
without fiscal year limitation for the following law 
enforcement purposes--
          (A) the payment, at * * *

           *       *       *       *       *       *       *

          (H) the payment of State and local property taxes on 
        forfeited real property that accrued between the date 
        of the violation giving rise to the forfeiture and the 
        date of the forfeiture order; and
          (I) payment of overtime salaries, travel, fuel, 
        training, equipment, and other similar costs of State 
        or local law enforcement officers that incurred in a 
        joint law enforcement operation with a Federal law 
        enforcement agency participating in the Fund[;].
          [(I) after all reimbursements and program-related 
        expenses have been met at the end of the fiscal year 
        1989, the Attorney General may transfer deposits from 
        the Fund to the building and facilities account of the 
        Federal prison system for the construction of 
        correctional institutions.]
Amounts for paying the expense authorized by subparagraphs 
[(A)(iv), (B), (F), (G), and (H)] (B), (F), and (G) shall be 
specified in appropriations Acts and may be used under 
authorities available to the organization receiving the funds. 
Amounts for other authorized expenditures and payments from the 
Fund, including equitable sharing payments, are not required to 
be specified in appropriations acts. The Attorney General may 
exempt the procurement of contract services under subparagraph 
(A) under the [fund] Fund from section 3709 of the Revised 
Statutes of the United States (41 U.S.C. 5), title III of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 251 and following), and other provisions of law as may 
be necessary to maintain the security and confidentiality of 
related criminal investigations.
    (2) Any award paid from the Fund [for information], as 
provided in paragraph (1)(B) or (C), shall be paid at the 
discretion of the Attorney General or his delegate, under 
existing departmental delegation policies for the payment of 
awards, except that the authority to pay an award of $250,000 
or more shall not be delegated to any person other than the 
Deputy Attorney General, the Associate Attorney General, the 
Director of the Federal Bureau of Investigation, or the 
Administrator the Drug Enforcement Administration. Any award 
[for information] pursuant to paragraph (1)(B) shall not exceed 
[$250,000] $500,000. Any award [for information] pursuant to 
paragraph (1)(C) shall not exceed the lesser of [$250,000] 
$500,000 or one-fourth of the amount realized by the United 
States from the property forfeited, 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
    (3) Any amount under subparagraph [F](G) of paragraph (1) 
shall be paid at the discretion of the Attorney General or his 
delegate, except that the authority to pay $100,000 or more may 
be delegated only to the respective head of the agency 
involved.

           *       *       *       *       *       *       *

     (5) Amounts in the Fund, and in any holding accounts 
associated with the [Fund which] Fund, that are not currently 
needed for the purpose of this section shall be kept on deposit 
or invested in obligations of, or guaranteed by, the United 
States and all earnings on such investments shall be deposited 
in the Fund.

           *       *       *       *       *       *       *

    (8)(A) There are authorized to be appropriated such sums as 
necessary for the purposes described in subparagraphs [(A)(iv), 
(B), (F), (G), and (H)] (B), (F), and (G) of paragraph (1).

           *       *       *       *       *       *       *

    (B) For fiscal [year 1997], years 2002 and 2003 the 
Attorney General is authorized to transfer, under such terms 
and conditions as the Attorney General shall specify, real or 
personal property of limited or marginal value, to a State or 
local government agency, or its designated contractor or 
transferee, for use to support drug abuse treatment, drug and 
crime prevention and education, housing, job skills, and other 
community-based public health and safety programs. [Such 
transfer shall not] Each such transfer shall be subject to 
satisfaction by the recipient involved of any outstanding lien 
agains the property transferred, but no such transfer shall 
create or confer any private right of action in any person 
against the United States.

           *       *       *       *       *       *       *

Sec. 529. Annual report of Attorney General

    (a) Beginning on June 1, 1979, and at the beginning of each 
regular session of Congress thereafter, the Attorney General 
shall report to Congress on the activities and operations of 
the Public Integrity Section or any other unit of the 
Department of Justice designated to supervise the investigation 
and prosecution of--
          (1) any violation * * *

           *       *       *       *       *       *       *

          (4) such other matters as the Attorney General may 
        deem appropriate.
Such report shall include the number, type, and disposition of 
all investigations and prosecutions supervised by such Section 
or such unit, except that such report shall not disclose 
information which would interfere with any pending 
investigation or prosecution or which would improperly infringe 
upon the privacy rights of any individuals.
    (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 therof, 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 spevific 
        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 fundes were spent for 
                such purpose or purposes, and only such purpose 
                or purposes;
                  (B) the terms of the grant, cooperative 
                agreement, or cotract 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.

           *       *       *       *       *       *       *

Sec. 530B. Ethical standards for attorneys for the Government.

    (a) An attorney for the Government shall be subject to 
State laws and rules, and local Federal court rules, governing 
attorneys in each State where such attorney engages in that 
attorney's duties, to the same extent and in the same manner as 
other attorneys in that State.
    (b) The Attorney General shall make and amend rules of the 
Department of Justice to assure compliance with this section.
    (c) As used in this section, the term ``attorney for the 
Government'' includes any attorney described in section 77.2(a) 
of part 77 of title 28 of the Code of Federal Regulations and 
also includes any independent counsel, or employee of such a 
counsel, appointed under chapter 40.

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 
bureauk office, board, division, commission, subdivision, unit, 
or other component thereof) may, in the reasonable descretion 
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 150 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 safe 
                sites.
          (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 alien 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 Detection 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 raining 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.

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 statue, 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 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 fro 
                                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 of 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 
                and 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 of 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 no 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 Department.--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) the 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.

           *       *       *       *       *       *       *

Sec. 533. Investigative and other officials; appointment

    The Attorney General may appoint officials--
          (1) to detect and prosecute crimes against the United 
        States;
          (2) to assist in the protection of the person of the 
        President; and
          (3) to assist in the protection of the person of the 
        Attorney General.
          [(3)](4) to conduct such other investigation 
        regarding official matters under the control of the 
        Department of Justice and the Department of State as my 
        be directed by the Attorney General.
This section does not limit the authority of departments and 
agencies to investigate crimes against the United States when 
investigative jurisdiction has been assigned by law to such 
departments and agencies.

Sec. 534. Acquisition, preservation, and exchange of identification 
                    records and information; appointment of officials

    (a) The Attorney General shall--

           *       *       *       *       *       *       *

          (3) acquire, collect classify, and preserve any 
        information which would assist in the location of any 
        missing person (including an unemancipated person as 
        defined by the laws of the place of residence of such 
        person) and provide confirmation as to any entry for 
        such a person to the parent, legal guardian, or next of 
        kin of that person (and the Attorney General may 
        acquire, collect, classify, and preserve such 
        information from such parent, guardian, or next of 
        kin). and

           *       *       *       *       *       *       *

Sec. 535. Investigation of crimes involving Government officers and 
                    employee; limitations

    (a) The Attorney General and the Federal Bureau of 
Investigation may investigate any violation of [title 18] 
Federal criminal law involving Government officers and 
employees--

           *       *       *       *       *       *       *

    (b) Any information, allegation, [or complaint] matter, or 
complaint witnessed, discovered, or received in a department or 
agency of the executive branch of the Government relating to 
violations of [title 18] Federal criminal law involving 
involving Government officers and employees shall be 
expeditiously reported to the Attorney General by the head of 
the department or agency, or the witness, discoverer, or 
recipient, as appropriate, unless--

           *       *       *       *       *       *       *

               CHAPTER 37--UNITED STATES MARSHALS SERVICE

           *       *       *       *       *       *       *

Sec. 561. United States Marshals Service

    (a) There is hereby established * * *

           *       *       *       *       *       *       *

    [(1) There are authorized to be appropriated such sums as 
may be necessary to carry out the functions of the Service.]

           *       *       *       *       *       *       *

                TITLE 42--THE PUBLIC HEALTH AND WELFARE

           *       *       *       *       *       *       *

                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT

           *       *       *       *       *       *       *

   Subchapter XII-G--Residential Substance Abuse Treatment for State 
                               Prisoners

Sec. 3796ff. Grant authorization

    (a) In General.--The Attorney General * * *
    (b) Consultation.--The Attorney General shall consult with 
the Secretary of Health and Human Services to ensure that 
projects of substance abuse treatment and related services for 
State prisoners incorporate applicable components of existing 
comprehensive approaches including relapse prevention and 
aftercare services.
    (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.

           *       *       *       *       *       *       *

         CHAPTER 136--Violent Crime Control and Law Enforcement

                         Subchapter I--Prisons

    Part A--Violent Offender Incarceration and Truth in Sentencing 
Incentive Grants

           *       *       *       *       *       *       *

Sec. 13705. Special rules

    (a) Sharing of Funds with Counties and Other Units of Local 
Government.--
          (1) Reservation.--Each State shall * * *
          (2) Factors for determination of amount.--To 
        determine the amount of funds to be reserved under this 
        subsection, a State shall consider the burden placed on 
        a county or unit of local government that results from 
        the implementation of policies adopted by the State to 
        carry out section 13703 or 13704 of this title.
    [(b) Additional Requirements.--
          [(1) Eligibility for Grant.--[To be eligible to 
        receive a grant under section 13703 or 13704 of this 
        title, a State shall--
                  [(A) provide assurances to the Attorney 
                General that the State has implemented or will 
                implement not later than 18 months after 
                October 21, 1998, policies that provide for the 
                recognition of the rights of crime victims; and
                  [(B) subject to the limitation of paragraph 
                (2), no later than September 1, 2000, consider 
                a program of drug testing and intervention for 
                appropriate categories of convicted offenders 
                during periods of incarceration and post-
                incarceration and criminal justice supervision, 
                with sanctions including denial or revocation 
                of release for positive drug tests, consistent 
                with guidelines issued by the Attorney General.
          [(2) Use of Funds.--Beginning in fiscal year 1999, 
        not more than 10 percent of the funds provided under 
        section 13703 or 13704 of this title may be applied to 
        the cost of offender drug testing and intervention 
        programs during periods of incarceration and post-
        incarceration criminal justice supervision, consistent 
        with guidelines issued by the Attorney General. 
        Further, such funds may be used by the States to pay 
        the costs of providing to the Attorney General a 
        baseline study on their prison drug abuse problem. Such 
        studies shall be consistent with guidelines issued by 
        the Attorney General.]
    (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.

           *       *       *       *       *       *       *

          SECTION 712 OF THE ETHICS IN GOVERNMENT ACT OF 1978

                          (Public Law 95-521)

              ATTORNEY GENERAL RELIEVED OF RESPONSIBILITY

    Sec. 712. (a) * * *
    [(b) The Attorney General shall notify the Counsel with 
respect to any preceeding which the United States is a party of 
any determination by the Attorney General or Solicitor General 
not to appeal any court decision affecting the 
constitutionality of an Act or joint resolution of Congress 
within such time as will enable the Senate to direct the 
Counsel to intervene as a party in such proceeding pursuant to 
section 706.]
                              ----------                              

                       CRIME CONTROL ACT OF 1990

                         (Public Law 101-647)

           *       *       *       *       *       *       *

                   TITLE XXV--BANKING LAW ENFORCEMENT

           *       *       *       *       *       *       *

                Subtitle A--Enhanced Criminal Penalties

           *       *       *       *       *       *       *

    Subtitle H--Actions Against Persons Committing Bank Fraud Crimes

           *       *       *       *       *       *       *

CHAPTER 1--DECLARATION PROVIDING NEW CLAIMS TO THE UNITED STATES

           *       *       *       *       *       *       *

SEC. 2565. RIGHTS OF DECLARANTS: PARTICIPATION IN ACTIONS, AWARDS

    (a) In General.--A person who has filed a declaration that 
meets the requirements of sections 2561 through 2564 shall have 
the rights stated in this section.

           *       *       *       *       *       *       *

    (c) Criminal Conviction.--(1) When the United States 
obtains a criminal conviction and the Attorney General 
determines that the conviction was based in whole or in part on 
the information contained in a valid declaration filed under 
section 2561, [the declarant shall have the right to receive 
not less than $5,000 and not more than $100,000, any such award 
to be paid from the Financial Institution Information Award 
Fund established under section 2569] the Attorney General may, 
in his discretion, pay a reward to the declarant.

           *       *       *       *       *       *       *

    [(e) Prohibition of Double Awards.--(1) No person shall 
receive both an award under this section and a reward under 
either section 34 of the Federal Deposit Insurance Act or 
section 3509A of title 18, United States Code, for providing 
the same or substantially similar information.
    [(2) When a person qualifies for both an award under this 
section and a reward under either section 34 of the Federal 
Deposit Insurance Act or section 3509A of title 18, United 
States Code, for providing the same or substantially similar 
information, the person may notify the Attorney General in 
writing of the person's election to seek an award under this 
section or a reward under such other section.]

           *       *       *       *       *       *       *

[SEC. 2569. FINANCIAL INSTITUTION INFORMATION AWARD FUND.

    [(a) Establishment.--There is established in the United 
States Treasury a special fund to be known as the financial 
Institution Information Award Fund (referred to as the 
``Fund'') which shall be available to the Attorney General 
without fiscal year limitation to pay awards to declarants 
pursuant to section 2565(c) and to pay special rewards pursuant 
to section 3059A of title 18, United States Code.
    [(b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Fund such funds as are necessary to 
maintain the Fund at a level not to exceed $5,000,000.]

           *       *       *       *       *       *       *

                              ----------                              

                          (Public Law 103-121)

          TITLE I--DEPARTMENT OF JUSTICE AND RELATED AGENCIES

                        DEPARTMENT OF JUSTICE

           *       *       *       *       *       *       *

               GENERAL PROVISIONS--DEPARTMENT OF JUSTICE

    Sec. 101. In addition to * * *

           *       *       *       *       *       *       *

    Sec. 108. Notwithstanding 31 U.S.C. 3302 or any other 
statute affecting the crediting of collections, the Attorney 
General may credit, as an offsetting collection, to the 
Department of Justice Working Capital Fund, for fiscal year 
1994 and thereafter, up to [three] six percent of all amounts 
collected pursuant to civil debt collection litigation 
activities of the Department of Justice. Such amounts in the 
Working Capital Fund shall remain available until expended and 
shall be subject to the terms and conditions of that fund, and 
shall be used [only], first, for paying the costs of processing 
and tracking such [litigation.] litigation, and, thereafter, 
for financial systems, and other personnel, administrative, and 
litigation expenses of debt collection activities.

           *       *       *       *       *       *       *

                              ----------                              

         ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996

                         (Public Law 104-132)

           *       *       *       *       *       *       *

               TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT

                   Subtitle A--Resources and Security

SEC. 801. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.

    The Attorney General * * *

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[SEC. 808. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF 
                    GOVERNMENT EMPLOYEES.

    [(a) Findings.--The Congress finds that--
          [(1) threats of violence and acts of violence against 
        Federal, State, and local government employees and 
        their families are increasing as the result of attempts 
        to stop public servants from performing their lawful 
        duties;
          [(2) these acts are a danger to the constitutional 
        form of government of the United States; and
          [(3) more information is needed relating to the 
        extent and nature of the danger to these employees and 
        their families so that actions can be taken to protect 
        public servants at all levels of government in the 
        performance of their duties.
    [(b) Statistics.--The Attorney General shall collect data, 
for the calendar year 1990 and each succeeding calendar year 
thereafter, relating to crimes and incidents of threats of 
violence and acts of violence against Federal, State, and local 
government employees and their families in the performance of 
their lawful duties. Such data shall include--
          [(1) in the case of crimes against such employees and 
        their families, the nature of the crime; and
          [(2) in the case of incidents of threats of violence 
        and acts of violence, including verbal and implicit 
        threats against such employees and their families, the 
        deterrent effect on the performance of the jobs.
    [(c) Guidelines.--The Attorney General shall establish 
guidelines for the collection of the data under subsection (b), 
including a definition of the sufficiency of evidence of 
noncriminal incidents required to be reported.
    [(d) Use of Data.--
          [(1) Annual Publishing.--The Attorney General shall 
        publish an annual summary of the data collected under 
        this section.
          [(2) Use of Data.--Except with respect to the summary 
        published under paragraph (1), data collected under 
        this section shall be used only for research and 
        statistical purposes.
    [(e) Exemption.--The Attorney General, the Secretary of 
State, and the United States Secret Service is not required to 
participate in any statistical reporting activity under this 
section with respect to any direct or indirect threat made 
against any individual for whom that official or Service is 
authorized to provide protection.]

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             DEPARTMENT OF JUSTICE APPROPRIATIONS ACT, 1999

                         (Public Law 105-277)

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                    TITLE I--DEPARTMENT OF JUSTICE

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               General Provisions--Department of Justice

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    Sec. 112. Notwithstanding any other provision of law, 
during [fiscal year 1999, the Assistant Attorney General for 
the Office of Justice Programs of the Department of Justice--] 
any fiscal year the Attorney General--
          (1) may make grants, or enter into cooperative 
        agreements and contracts, for the Office of Justice 
        Programs and the component organizations of that 
        Office; and
          (2) shall have final authority over all grants, 
        cooperative agreements, and contracts made, or entered 
        into, for the Office of Justice Programs and the 
        component organizations of that Office.

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              LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2000

                          (Public Law 106-57)

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                   TITLE I--CONGRESSIONAL OPERATIONS

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                       HOUSE OF REPRESENTATIVES

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                       administrative provisions

    Sec. 101. (a) Compliance With Admission Requirements.--The 
General Counsel * * *
    [(b) Notification by Attorney General.--The Attorney 
General shall notify the General Counsel of the House of 
Representatives with respect to any proceeding in which the 
United States is a party of any determination by the Attorney 
General or Solicitor General not to appeal any court decision 
affecting the constitutionality of an Act or joint resolution 
of Congress within such time as will enable the House to direct 
the General Counsel to intervene as a party in such proceeding 
pursuant to applicable rules of the House of Representatives.]

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           OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

                  TITLE I--JUSTICE SYSTEM IMPROVEMENT

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          PART E--BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

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    Subpart 1--Drug Control and System Improvement Grant Program

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                           grant limitations

    Sec. 504. (a) A grant made under this subparts may not--
          (1) for fiscal year 1991 appropriations be expended 
        for more than 75 per centum; and
          (2) for any subsequently fiscal year appropriations 
        be expended for more than 75 per centum;
of the cost of the identified uses for which such grant is 
received to carry out any purpose specified in section [502] 
501(b), except that in the case of funds distributed to an 
Indian tribe which performs law enforcement functions (as 
determined by the Secretary of the Interior) for any such 
program or project, the amount of such grant shall be equal to 
100 percent of such cost. The non-Federal portion of the 
expenditures for such uses shall be paid in cash.

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       allocation and distribution of funds under formula grants

    Sec. 506. (a) Subjects to subsection (f), of the total 
amount appropriated for this part in any fiscal year, the 
amount remaining after setting aside the amount to be reserved 
to carry out section 511 of this title shall be set aside for 
section 502 and allocated to States as follows:
          (1) 0.4 percent shall be allocated to each of the 
        [participating] States; and

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                    Subpart 2--Discretionary Grants

            CHAPTER A--GRANTS TO PUBLIC AND PRIVATE ENTITIES

                                purposes

    Sec. 510. (a) the purpose of this chapter is to provide 
additional Federal financial assistance to public or private 
agencies and private nonprofit organizations for purposes of--
          (1) * * *

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          (3) undertaking projects which are national or 
        multijurisdictional in scope and which address the 
        purposes specified in section [502] 502(b); and

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    (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.

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                     allocation of funds for grants

    Sec. 511. Of the total amount appropriated for this part 
(other than chapter B of this subpart) in any fiscal year, 20 
percent or $50,000,000, whichever is less, shall be reserved 
and set aside for this section in a special discretionary fund 
for use by the Director in carrying out the purposes specified 
in section [503] 501(b). Grants under this section may be made 
for amounts up to 100 percent of the costs of the programs or 
projects contained in the approved application.

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