II

107TH CONGRESS

1ST SESSION S. 1319

To authorize appropriations for the Department of Justice for fiscal year

2002, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 2001

Mr. LEAHY (for himself and Mr. HATCH) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

A BILL

To authorize appropriations for the Department of Justice

for fiscal year 2002, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘21st Century Department of Justice Appropriations Au6 thorization Act’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR FISCAL

YEAR 2002
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Sec. 101. Specific sums authorized to be appropriated.

Sec. 102. Appointment of additional Assistant United States Attorneys; reduction of certain litigation positions.

Sec. 103. Authorization for additional Assistant United States Attorneys for

project safe neighborhoods.

TITLE II—PERMANENT ENABLING PROVISIONS

Sec. 201. Permanent authority.

Sec. 202. Permanent authority relating to enforcement of laws.

Sec. 203. Notifications and reports to be provided simultaneously to committees.

Sec. 204. Miscellaneous uses of funds; technical amendments.

Sec. 205. Technical and miscellaneous amendments to Department of Justice

authorities; authority to transfer property of marginal value;

recordkeeping; protection of the Attorney General.

Sec. 206. Oversight; waste, fraud, and abuse of appropriations.

Sec. 207. Enforcement of Federal criminal laws by Attorney General.

Sec. 208. Counterterrorism fund.

Sec. 209. Strengthening law enforcement in United States territories, commonwealths, and possessions.

Sec. 210. Additional authorities of the Attorney General.

TITLE III—MISCELLANEOUS

Sec. 301. Repealers.

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

Sec. 303. Required submission of proposed authorization of appropriations for

the Department of Justice for fiscal year 2003.

Sec. 304. Study of untested rape examination kits.

Sec. 305. Report on DCS 1000 (‘‘carnivore’’).

Sec. 306. Study of allocation of litigating attorneys.

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

Sec. 308. Authority of the Department of Justice Inspector General.

Sec. 309. Report on Inspector General and Deputy Inspector General for Federal Bureau of Investigation.

TITLE IV—VIOLENCE AGAINST WOMEN

Sec. 401. Short title.

Sec. 402. Establishment of Violence Against Women Office.

1 TITLE I—AUTHORIZATION OF

2 APPROPRIATIONS FOR FIS3 CAL YEAR 2002

4 SEC. 101. SPECIFIC SUMS AUTHORIZED TO BE APPRO5 PRIATED.

6 There are authorized to be appropriated for fiscal

7 year 2002, to carry out the activities of the Department
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1 of Justice (including any bureau, office, board, division,

2 commission, subdivision, unit, or other component there3 of), the following sums:

4 (1) GENERAL ADMINISTRATION.—For General

5 Administration: $93,433,000.

6 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

7 For Administrative Review and Appeals:

8 $178,499,000 for administration of pardon and

9 clemency petitions and for immigration-related ac10 tivities.

11 (3) OFFICE OF INSPECTOR GENERAL.—For the

12 Office of Inspector General: $55,000,000, which

13 shall include for each such fiscal year, not to exceed

14 $10,000 to meet unforeseen emergencies of a con15 fidential character.

16 (4) GENERAL LEGAL ACTIVITIES.—For General

17 Legal Activities: $566,822,000, which shall include

18 for each such fiscal year—

19 (A) not less than $4,000,000 for the inves20 tigation and prosecution of denaturalization and

21 deportation cases involving alleged Nazi war

22 criminals;

23 (B) not less than $10,000,000 for the in24 vestigation and prosecution of intellectual prop25 erty crimes, including software counterfeiting
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1 crimes and crimes identified in the No Elec2 tronic Theft (NET) Act (Public Law 105–147);

3 and

4 (C) not to exceed $20,000 to meet unfore5 seen emergencies of a confidential character.

6 (5) ANTITRUST DIVISION.—For the Antitrust

7 Division: $140,973,000.

8 (6) UNITED STATES ATTORNEYS.—For United

9 States Attorneys: $1,346,289,000.

10 (7) FEDERAL BUREAU OF INVESTIGATION.—

11 For the Federal Bureau of Investigation:

12 $3,507,109,000, which shall include for each such

13 fiscal year—

14 (A) not to exceed $1,250,000 for construc15 tion, to remain available until expended; and

16 (B) not to exceed $70,000 to meet unfore17 seen emergencies of a confidential character.

18 (8) UNITED STATES MARSHALS SERVICE.—For

19 the United States Marshals Service: $626,439,000,

20 which shall include for each such fiscal year not to

21 exceed $6,621,000 for construction, to remain avail22 able until expended.

23 (9) FEDERAL PRISON SYSTEM.—For the Fed24 eral Prison System, including the National Institute

25 of Corrections: $4,662,710,000.
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1 (10) FEDERAL PRISONER DETENTION.—For

2 the support of United States prisoners in non-Fed3 eral institutions, as authorized by section 4013(a) of

4 title 18 of the United States Code: $724,682,000, to

5 remain available until expended.

6 (11) DRUG ENFORCEMENT ADMINISTRATION.—

7 For the Drug Enforcement Administration:

8 $1,480,929,000, which shall include not to exceed

9 $70,000 to meet unforeseen emergencies of a con10 fidential character.

11 (12) IMMIGRATION AND NATURALIZATION

12 SERVICE.—For the Immigration and Naturalization

13 Service: $3,516,411,000, which shall include—

14 (A) not to exceed $2,737,341,000 for sala15 ries and expenses of enforcement and border af16 fairs (i.e., the Border Patrol, deportation, intel17 ligence, investigations, and inspection programs,

18 and the detention program);

19 (B) not to exceed $650,660,000 for sala20 ries and expenses of citizenship and benefits

21 (i.e., programs not included under subpara22 graph (A));

23 (C) for each such fiscal year, not to exceed

24 $128,410,000 for construction, to remain avail25 able until expended; and
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1 (D) not to exceed $50,000 to meet unfore2 seen emergencies of a confidential character.

3 (13) FEES AND EXPENSES OF WITNESSES.—

4 For Fees and Expenses of Witnesses: $156,145,000

5 to remain available until expended, which shall in6 clude for each such fiscal year not to exceed

7 $6,000,000 for construction of protected witness

8 safesites.

9 (14) INTERAGENCY CRIME AND DRUG EN10 FORCEMENT.—For Interagency Crime and Drug

11 Enforcement: $338,106,000, for expenses not other12 wise provided for, for the investigation and prosecu13 tion of persons involved in organized crime drug

14 trafficking, except that any funds obligated from ap15 propriations authorized by this paragraph may be

16 used under authorities available to the organizations

17 reimbursed from such funds.

18 (15) FOREIGN CLAIMS SETTLEMENT COMMIS19 SION.—For the Foreign Claims Settlement Commis20 sion: $1,130,000.

21 (16) COMMUNITY RELATIONS SERVICE.—For

22 the Community Relations Service: $9,269,000.

23 (17) ASSETS FORFEITURE FUND.—For the As24 sets Forfeiture Fund: $22,949,000 for expenses au-
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1 thorized by section 524 of title 28, United States

2 Code.

3 (18) UNITED STATES PAROLE COMMISSION.—

4 For the United States Parole Commission:

5 $10,862,000.

6 (19) FEDERAL DETENTION TRUSTEE.—For the

7 necessary expenses of the Federal Detention Trust8 ee: $1,718,000.

9 (20) JOINT AUTOMATED BOOKING SYSTEM.—

10 For expenses necessary for the operation of the

11 Joint Automated Booking System: $15,957,000.

12 (21) NARROWBAND COMMUNICATIONS.—For

13 the costs of conversion to narrowband communica14 tions, including the cost for operation and mainte15 nance of Land Mobile Radio legacy systems:

16 $104,606,000.

17 (22) RADIATION EXPOSURE COMPENSATION.—

18 For administrative expenses in accordance with the

19 Radiation Exposure Compensation Act: $1,996,000.

20 (23) COUNTERTERRORISM FUND.—For the

21 Counterterrorism Fund for necessary expenses, as

22 determined by the Attorney General: $4,989,000.

23 (24) OFFICE OF JUSTICE PROGRAMS.—For ad24 ministrative expenses not otherwise provided for, of

25 the Office of Justice Programs: $116,369,000.
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1 SEC. 102. APPOINTMENT OF ADDITIONAL ASSISTANT

2 UNITED STATES ATTORNEYS; REDUCTION OF

3 CERTAIN LITIGATION POSITIONS.

4 (a) APPOINTMENTS.—Not later than September 30,

5 2003, the Attorney General may exercise authority under

6 section 542 of title 28, United States Code, to appoint

7 200 assistant United States attorneys in addition to the

8 number of assistant United States attorneys serving on

9 the date of the enactment of this Act.

10 (b) SELECTION OF APPOINTEES.—Individuals first

11 appointed under subsection (a) may be appointed from

12 among attorneys who are incumbents of 200 full-time liti13 gation positions in divisions of the Department of Justice

14 and whose official duty station is at the seat of Govern15 ment.

16 (c) TERMINATION OF POSITIONS.—Each of the 200

17 litigation positions that become vacant by reason of an ap18 pointment made in accordance with subsections (a) and

19 (b) shall be terminated at the time the vacancy arises.

20 (d) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated such sums as may be

22 necessary to carry out this section.
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1 SEC. 103. AUTHORIZATION FOR ADDITIONAL ASSISTANT

2 UNITED STATES ATTORNEYS FOR PROJECT

3 SAFE NEIGHBORHOODS.

4 (a) IN GENERAL.—The Attorney General shall estab5 lish a program for each United States Attorney to provide

6 for coordination with State and local law enforcement offi7 cials in the identification and prosecution of violations of

8 Federal firearms laws including school gun violence and

9 juvenile gun offenses.

10 (b) AUTHORIZATION FOR HIRING 94 ADDITIONAL

11 ASSISTANT UNITED STATES ATTORNEYS.—There are au12 thorized to be appropriated to carry out this section

13 $9,000,000 for fiscal year 2002 to hire an additional As14 sistant United States Attorney in each United States At15 torney Office.

16 TITLE II—PERMANENT

17 ENABLING PROVISIONS

18 SEC. 201. PERMANENT AUTHORITY.

19 (a) IN GENERAL.—Chapter 31 of title 28, United

20 States Code, is amended by adding at the end the fol21 lowing:

22 ‘‘§ 530C. Authority to use available funds

23 ‘‘(a) IN GENERAL.—Except to the extent provided

24 otherwise by law, the activities of the Department of Jus25 tice (including any bureau, office, board, division, commis26 sion, subdivision, unit, or other component thereof) may,
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1 in the reasonable discretion of the Attorney General, be

2 carried out through any means, including—

3 ‘‘(1) through the Department’s own personnel,

4 acting within, from, or through the Department

5 itself;

6 ‘‘(2) by sending or receiving details of personnel

7 to other branches or agencies of the Federal Govern8 ment, on a reimbursable, partially-reimbursable, or

9 nonreimbursable basis;

10 ‘‘(3) through reimbursable agreements with

11 other Federal agencies for work, materials, or equip12 ment;

13 ‘‘(4) through contracts, grants, or cooperative

14 agreements with non-Federal parties; and

15 ‘‘(5) as provided in subsection (b), in section

16 524, and in any other provision of law consistent

17 herewith, including, without limitation, section

18 102(b) of Public Law 102–395 (106 Stat. 1838), as

19 incorporated by section 815(d) of Public Law 104–

20 132 (110 Stat. 1315).

21 ‘‘(b) PERMITTED USES.—

22 ‘‘(1) GENERAL PERMITTED USES.—Funds

23 available to the Attorney General (i.e., all funds

24 available to carry out the activities described in sub-
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1 section (a)) may be used, without limitation, for the

2 following:

3 ‘‘(A) The purchase, lease, maintenance,

4 and operation of passenger motor vehicles, or

5 police-type motor vehicles for law enforcement

6 purposes, without regard to general purchase

7 price limitation for the then-current fiscal year.

8 ‘‘(B) The purchase of insurance for motor

9 vehicles, boats, and aircraft operated in official

10 Government business in foreign countries.

11 ‘‘(C) Services of experts and consultants,

12 including private counsel, as authorized by sec13 tion 3109 of title 5, and at rates of pay for in14 dividuals not to exceed the maximum daily rate

15 payable from time to time under section 5332

16 of title 5.

17 ‘‘(D) Official reception and representation

18 expenses (i.e., official expenses of a social na19 ture intended in whole or in predominant part

20 to promote goodwill toward the Department or

21 its missions, but excluding expenses of public

22 tours of facilities of the Department of Justice),

23 in accordance with distributions and procedures

24 established, and rules issued, by the Attorney
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1 General, and expenses of public tours of facili2 ties of the Department of Justice.

3 ‘‘(E) Unforeseen emergencies of a con4 fidential character, to be expended under the di5 rection of the Attorney General and accounted

6 for solely on the certificate of the Attorney Gen7 eral.

8 ‘‘(F) Miscellaneous and emergency ex9 penses authorized or approved by the Attorney

10 General, the Deputy Attorney General, the As11 sociate Attorney General, or the Assistant At12 torney General for Administration.

13 ‘‘(G) In accordance with procedures estab14 lished and rules issued by the Attorney

15 General—

16 ‘‘(i) attendance at meetings and semi17 nars;

18 ‘‘(ii) conferences and training; and

19 ‘‘(iii) advances of public moneys under

20 section 3324 of title 31: Provided, That

21 travel advances of such moneys to law en22 forcement personnel engaged in undercover

23 activity shall be considered to be public

24 money for purposes of section 3527 of title

25 31.
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1 ‘‘(H) Contracting with individuals for per2 sonal services abroad, except that such individ3 uals shall not be regarded as employees of the

4 United States for the purpose of any law ad5 ministered by the Office of Personnel Manage6 ment.

7 ‘‘(I) Payment of interpreters and trans8 lators who are not citizens of the United States,

9 in accordance with procedures established and

10 rules issued by the Attorney General.

11 ‘‘(J) Expenses or allowances for uniforms

12 as authorized by section 5901 of title 5, but

13 without regard to the general purchase price

14 limitation for the then-current fiscal year.

15 ‘‘(K) Expenses of—

16 ‘‘(i) primary and secondary schooling

17 for dependents of personnel stationed out18 side the continental United States at cost

19 not in excess of those authorized by the

20 Department of Defense for the same area,

21 when it is determined by the Attorney

22 General that schools available in the local23 ity are unable to provide adequately for the

24 education of such dependents; and
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1 ‘‘(ii) transportation of those depend2 ents between their place of residence and

3 schools serving the area which those de4 pendents would normally attend when the

5 Attorney General, under such regulations

6 as he may prescribe, determines that such

7 schools are not accessible by public means

8 of transportation.

9 ‘‘(2) SPECIFIC PERMITTED USES.—

10 ‘‘(A) AIRCRAFT AND BOATS.—Funds avail11 able to the Attorney General for United States

12 Attorneys, for the Federal Bureau of Investiga13 tion, for the United States Marshals Service,

14 for the Drug Enforcement Administration, and

15 for the Immigration and Naturalization Service

16 may be used for the purchase, lease, mainte17 nance, and operation of aircraft and boats, for

18 law enforcement purposes.

19 ‘‘(B) PURCHASE OF AMMUNITION AND

20 FIREARMS; FIREARMS COMPETITIONS.—Funds

21 available to the Attorney General for United

22 States Attorneys, for the Federal Bureau of In23 vestigation, for the United States Marshals

24 Service, for the Drug Enforcement Administra25 tion, for the Federal Prison System, for the Of-
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1 fice of the Inspector General, and for the Immi2 gration and Naturalization Service may be used

3 for—

4 ‘‘(i) the purchase of ammunition and

5 firearms; and

6 ‘‘(ii) participation in firearms com7 petitions.

8 ‘‘(C) CONSTRUCTION.—Funds available to

9 the Attorney General for construction may be

10 used for expenses of planning, designing, ac11 quiring, building, constructing, activating, ren12 ovating, converting, expanding, extending, re13 modeling, equipping, repairing, or maintaining

14 buildings or facilities, including the expenses of

15 acquisition of sites therefor, and all necessary

16 expenses incident or related thereto; but the

17 foregoing shall not be construed to mean that

18 funds generally available for salaries and ex19 penses are not also available for certain inci20 dental or minor construction, activation, remod21 eling, maintenance, and other related construc22 tion costs.

23 ‘‘(3) FEES AND EXPENSES OF WITNESSES.—

24 Funds available to the Attorney General for fees and

25 expenses of witnesses may be used for—
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1 ‘‘(A) expenses, mileage, compensation, pro2 tection, and per diem in lieu of subsistence, of

3 witnesses (including advances of public money)

4 and as authorized by section 1821 or other law,

5 except that no witness may be paid more than

6 1 attendance fee for any 1 calendar day;

7 ‘‘(B) fees and expenses of neutrals in alter8 native dispute resolution proceedings, where the

9 Department of Justice is a party; and

10 ‘‘(C) construction of protected witness

11 safesites.

12 ‘‘(4) FEDERAL BUREAU OF INVESTIGATION.—

13 Funds available to the Attorney General for the

14 Federal Bureau of Investigation for the detection,

15 investigation, and prosecution of crimes against the

16 United States may be used for the conduct of all its

17 authorized activities.

18 ‘‘(5) IMMIGRATION AND NATURALIZATION

19 SERVICE.—Funds available to the Attorney General

20 for the Immigration and Naturalization Service may

21 be used for—

22 ‘‘(A) acquisition of land as sites for en23 forcement fences, and construction incident to

24 such fences;
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1 ‘‘(B) cash advances to aliens for meals and

2 lodging en route;

3 ‘‘(C) refunds of maintenance bills, immi4 gration fines, and other items properly return5 able, except deposits of aliens who become pub6 lic charges and deposits to secure payment of

7 fines and passage money; and

8 ‘‘(D) expenses and allowances incurred in

9 tracking lost persons, as required by public ex10 igencies, in aid of State or local law enforce11 ment agencies.

12 ‘‘(6) FEDERAL PRISON SYSTEM.—Funds avail13 able to the Attorney General for the Federal Prison

14 System may be used for—

15 ‘‘(A) inmate medical services and inmate

16 legal services, within the Federal prison system;

17 ‘‘(B) the purchase and exchange of farm

18 products and livestock;

19 ‘‘(C) the acquisition of land as provided in

20 section 4010 of title 18; and

21 ‘‘(D) the construction of buildings and fa22 cilities for penal and correctional institutions

23 (including prison camps), by contract or force

24 account, including the payment of United
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1 States prisoners for their work performed in

2 any such construction;

3 except that no funds may be used to distribute or

4 make available to a prisoner any commercially pub5 lished information or material that is sexually ex6 plicit or features nudity.

7 ‘‘(7) DETENTION TRUSTEE.—Funds available

8 to the Attorney General for the Detention Trustee

9 may be used for all the activities of such Trustee in

10 the exercise of all power and functions authorized by

11 law relating to the detention of Federal prisoners in

12 non-Federal institutions or otherwise in the custody

13 of the United States Marshals Service and to the de14 tention of aliens in the custody of the Immigration

15 and Naturalization Service, including the overseeing

16 of construction of detention facilities or for housing

17 related to such detention, the management of funds

18 appropriated to the Department for the exercise of

19 detention functions, and the direction of the United

20 States Marshals Service and Immigration Service

21 with respect to the exercise of detention policy set22 ting and operations for the Department of Justice.

23 ‘‘(c) RELATED PROVISIONS.—

24 ‘‘(1) LIMITATION OF COMPENSATION OF INDI25 VIDUALS EMPLOYED AS ATTORNEYS.—No funds
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1 available to the Attorney General may be used to

2 pay compensation for services provided by an indi3 vidual employed as an attorney (other than an indi4 vidual employed to provide services as a foreign at5 torney in special cases) unless such individual is duly

6 licensed and authorized to practice as an attorney

7 under the law of a State, a territory of the United

8 States, or the District of Columbia.

9 ‘‘(2) REIMBURSEMENTS PAID TO GOVERN10 MENTAL ENTITIES.—Funds available to the Attor11 ney General that are paid as reimbursement to a

12 governmental unit of the Department of Justice, to

13 another Federal entity, or to a unit of State or local

14 government, may be used under authorities available

15 to the unit or entity receiving such reimbursement.’’.

16 (b) CONFORMING AMENDMENT.—The table of sec17 tions of chapter 31 of title 28, United States Code, is

18 amended by adding at the end the following:

‘‘530C. Authority to use available funds.’’.

19 SEC. 202. PERMANENT AUTHORITY RELATING TO EN20 FORCEMENT OF LAWS.

21 (a) IN GENERAL.—Chapter 31 of title 28, United

22 States Code (as amended by section 201), is amended by

23 adding at the end the following:

24 ‘‘§ 530D. Report on enforcement of laws

25 ‘‘(a) REPORT.—
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1 ‘‘(1) IN GENERAL.—The Attorney General shall

2 submit to the Congress a report of any instance in

3 which the Attorney General or any officer of the De4 partment of Justice—

5 ‘‘(A) establishes or implements a formal or

6 informal policy to refrain—

7 ‘‘(i) from enforcing, applying, or ad8 ministering any provision of any Federal

9 statute, rule, regulation, program, policy,

10 or other law whose enforcement, applica11 tion, or administration is within the re12 sponsibility of the Attorney General or

13 such officer on the grounds that such pro14 vision is unconstitutional; or

15 ‘‘(ii) within any judicial jurisdiction of

16 or within the United States, from adhering

17 to, enforcing, applying, or complying with,

18 any standing rule of decision (binding

19 upon courts of, or inferior to those of, that

20 jurisdiction) established by a final decision

21 of any court of, or superior to those of,

22 that jurisdiction, respecting the interpreta23 tion, construction, or application of the

24 Constitution or of any statute, rule, regula25 tion, program, policy, or other law whose
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1 enforcement, application, or administration

2 is within the responsibility of the Attorney

3 General or such officer;

4 ‘‘(B) determines—

5 ‘‘(i) to contest affirmatively, in any

6 judicial, administrative, or other pro7 ceeding, the constitutionality of any provi8 sion of any Federal statute, rule, regula9 tion, program, policy, or other law; or

10 ‘‘(ii) to refrain from defending or as11 serting, in any judicial, administrative, or

12 other proceeding, the constitutionality of

13 any provision of any Federal statute, rule,

14 regulation, program, policy, or other law,

15 or not to appeal or request review of any

16 judicial, administrative, or other deter17 mination adversely affecting the constitu18 tionality of any such provision; or

19 ‘‘(C) approves (other than in circumstances

20 in which a report is submitted to the Joint

21 Committee on Taxation, pursuant to section

22 6405 of the Internal Revenue Code of 1986)

23 the settlement or compromise (other than in

24 bankruptcy) of any claim, suit, or other

25 action—
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1 ‘‘(i) against the United States (includ2 ing any agency or instrumentality thereof)

3 for a sum that exceeds, or is likely to ex4 ceed, $2,000,000; or

5 ‘‘(ii) by the United States (including

6 any agency or instrumentality thereof)

7 pursuant to an agreement, consent decree,

8 or order (or pursuant to any modification

9 of an agreement, consent decree, or order)

10 that provides injunctive or other nonmone11 tary relief that exceeds, or is likely to ex12 ceed, 3 years in duration.

13 ‘‘(2) SUBMISSION OF REPORT TO THE CON14 GRESS.—For the purposes of paragraph (1), a re15 port shall be considered to be submitted to the Con16 gress if the report is submitted to—

17 ‘‘(A) the majority leader and minority

18 leader of the Senate;

19 ‘‘(B) the Speaker, majority leader, and mi20 nority leader of the House of Representatives;

21 ‘‘(C) the chairman and ranking minority

22 member of the Committee on the Judiciary of

23 the House of Representatives and the chairman

24 and ranking minority member of the Committee

25 on the Judiciary of the Senate; and
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1 ‘‘(D) the Senate Legal Counsel and the

2 General Counsel of the House of Representa3 tives.

4 ‘‘(b) DEADLINE.—A report shall be submitted—

5 ‘‘(1) under subsection (a)(1)(A), not later than

6 30 days after the establishment or implementation

7 of each policy;

8 ‘‘(2) under subsection (a)(1)(B), within such

9 time as will reasonably enable the House of Rep10 resentatives and the Senate to take action, sepa11 rately or jointly, to intervene in timely fashion in the

12 proceeding, but in no event later than 30 days after

13 the making of each determination; and

14 ‘‘(3) under subsection (a)(1)(C), not later than

15 30 days after the conclusion of each fiscal-year quar16 ter, with respect to all approvals occurring in such

17 quarter.

18 ‘‘(c) CONTENTS.—A report required by subsection (a)

19 shall—

20 ‘‘(1) specify the date of the establishment or

21 implementation of the policy described in subsection

22 (a)(1)(A), of the making of the determination de23 scribed in subsection (a)(1)(B), or of each approval

24 described in subsection (a)(1)(C);
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1 ‘‘(2) include a complete and detailed statement

2 of the relevant issues and background (including a

3 complete and detailed statement of the reasons for

4 the policy or determination, and the identity of the

5 officer responsible for establishing or implementing

6 such policy, making such determination, or approv7 ing such settlement or compromise), except that—

8 ‘‘(A) such details may be omitted as may

9 be absolutely necessary to prevent improper dis10 closure of national-security- or classified infor11 mation, or of any information subject to the de12 liberative-process-, executive-, attorney-work13 product-, or attorney-client privileges, if the fact

14 of each such omission (and the precise ground

15 or grounds therefor) is clearly noted in the

16 statement: Provided, That this subparagraph

17 shall not be construed to deny to the Congress

18 (including any House, Committee, or agency

19 thereof) any such omitted details (or related in20 formation) that it lawfully may seek, subse21 quent to the submission of the report; and

22 ‘‘(B) the requirements of this paragraph

23 shall be deemed satisfied—

24 ‘‘(i) in the case of an approval de25 scribed in subsection (a)(1)(C)(i), if an
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1 unredacted copy of the entire settlement

2 agreement and consent decree or order (if

3 any) is provided, along with a statement

4 indicating the legal and factual basis or

5 bases for the settlement or compromise (if

6 not apparent on the face of documents pro7 vided); and

8 ‘‘(ii) in the case of an approval de9 scribed in subsection (a)(1)(C)(ii), if an

10 unredacted copy of the entire settlement

11 agreement and consent decree or order (if

12 any) is provided, along with a statement

13 indicating the injunctive or other nonmone14 tary relief (if not apparent on the face of

15 documents provided); and

16 ‘‘(3) in the case of a determination described in

17 subsection (a)(1)(B) or an approval described in

18 subsection (a)(1)(C), indicate the nature, tribunal,

19 identifying information, and status of the pro20 ceeding, suit, or action.

21 ‘‘(d) DECLARATION.—In the case of a determination

22 described in subsection (a)(1)(B), the representative of the

23 United States participating in the proceeding shall make

24 a clear declaration in the proceeding that any position ex25 pressed as to the constitutionality of the provision involved
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1 is the position of the executive branch of the Federal Gov2 ernment (or, as applicable, of the President or of any exec3 utive agency or military department).

4 ‘‘(e) APPLICABILITY TO THE PRESIDENT AND TO EX5 ECUTIVE AGENCIES AND MILITARY DEPARTMENTS.—The

6 reporting, declaration, and other provisions of this section

7 relating to the Attorney General and other officers of the

8 Department of Justice shall apply to the President, to the

9 head of each executive agency or military department (as

10 defined, respectively, in sections 105 and 102 of title 5,

11 United States Code) that establishes or implements a pol12 icy described in subsection (a)(1)(A) or is authorized to

13 conduct litigation, and to the officers of such executive

14 agency.’’.

15 (b) CONFORMING AMENDMENTS.—

16 (1) The table of sections for chapter 31 of title

17 28, United States Code (as amended by section

18 201), is amended by adding at the end the following:

‘‘530D. Report on enforcement of laws.’’.

19 (2) Section 712 of Public Law 95–521 (92

20 Stat. 1883) is amended by striking subsection (b).

21 (3) Not later than 30 days after the date of the

22 enactment of this Act, the President shall advise the

23 head of each executive agency or military depart24 ment (as defined, respectively, in sections 105 and
27

•S 1319 IS

1 102 of title 5, United States Code) of the enactment

2 of this section.

3 (4)(A) Not later than 90 days after the date of

4 the enactment of this Act, the Attorney General

5 (and, as applicable, the President, and the head of

6 any executive agency or military department de7 scribed in subsection (e) of section 530D of title 28,

8 United States Code, as added by subsection (a))

9 shall submit to Congress a report (in accordance

10 with subsections (a), (c), and (e) of such section)

11 on—

12 (i) all policies of which the Attorney Gen13 eral and applicable official are aware described

14 in subsection (a)(1)(A) of such section that

15 were established or implemented before the date

16 of the enactment of this Act and were in effect

17 on such date; and

18 (ii) all determinations of which the Attor19 ney General and applicable official are aware

20 described in subsection (a)(1)(B) of such sec21 tion that were made before the date of the en22 actment of this Act and were in effect on such

23 date.

24 (B) If a determination described in subpara25 graph (A)(ii) relates to any judicial, administrative,
28

•S 1319 IS

1 or other proceeding that is pending in the 90-day

2 period beginning on the date of the enactment of

3 this Act, with respect to any such determination,

4 then the report required by this paragraph shall be

5 submitted within such time as will reasonably enable

6 the House of Representatives and the Senate to take

7 action, separately or jointly, to intervene in timely

8 fashion in the proceeding, but not later than 30 days

9 after the date of the enactment of this Act.

10 SEC. 203. NOTIFICATIONS AND REPORTS TO BE PROVIDED

11 SIMULTANEOUSLY TO COMMITTEES.

12 If the Attorney General or any officer of the Depart13 ment of Justice (including any bureau, office, board, divi14 sion, commission, subdivision, unit, or other component

15 thereof) is required by any Act (which shall be understood

16 to include any request or direction contained in any report

17 of a committee of the Congress relating to an appropria18 tions Act or in any statement of managers accompanying

19 any conference report agreed to by the Congress) to pro20 vide a notice or report to any committee or subcommittee

21 of the Congress (other than both the Committee on the

22 Judiciary of the House of Representatives and the Com23 mittee on the Judiciary of the Senate), then such Act shall

24 be deemed to require that a copy of such notice or report

25 be provided simultaneously to the Committee on the Judi-
29

•S 1319 IS

1 ciary of the House of Representatives and the Committee

2 on the Judiciary of the Senate.

3 SEC. 204. MISCELLANEOUS USES OF FUNDS; TECHNICAL

4 AMENDMENTS.

5 (a) BUREAU OF JUSTICE ASSISTANCE GRANT PRO6 GRAMS.—Title I of the Omnibus Crime Control and Safe

7 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is

8 amended—

9 (1) in section 504(a) by striking ‘‘502’’ and in10 serting ‘‘501(b)’’;

11 (2) in section 506(a)(1) by striking ‘‘partici12 pating’’;

13 (3) in section 510(a)(3) by striking ‘‘502’’ and

14 inserting ‘‘501(b)’’;

15 (4) in section 510 by adding at the end the fol16 lowing:

17 ‘‘(d) No grants or contracts under subsection (b) may

18 be made, entered into, or used, directly or indirectly, to

19 provide any security enhancements or any equipment to

20 any non-governmental entity that is not engaged in law

21 enforcement or law enforcement support, criminal or juve22 nile justice, or delinquency prevention.’’; and

23 (5) in section 511 by striking ‘‘503’’ and insert24 ing ‘‘501(b)’’.
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1 (b) ATTORNEYS SPECIALLY RETAINED BY THE AT2 TORNEY GENERAL.—The 3d sentence of section 515(b) of

3 title 28, United States Code, is amended by striking ‘‘at

4 not more than $12,000’’.

5 SEC. 205. TECHNICAL AND MISCELLANEOUS AMENDMENTS

6 TO DEPARTMENT OF JUSTICE AUTHORITIES;

7 AUTHORITY TO TRANSFER PROPERTY OF

8 MARGINAL VALUE; RECORDKEEPING; PRO9 TECTION OF THE ATTORNEY GENERAL.

10 (a) Section 524 of title 28, United States Code, is

11 amended—

12 (1) in subsection (a) by inserting ‘‘to the Attor13 ney General’’ after ‘‘available’’;

14 (2) in paragraph (c)(1)—

15 (A) by striking the semicolon at the end of

16 the 1st subparagraph (I) and inserting a pe17 riod;

18 (B) by striking the 2d subparagraph (I);

19 and

20 (C) by striking ‘‘fund’’ in the 3d sentence

21 following the 2d subparagraph (I) and inserting

22 ‘‘Fund’’;

23 (3) in paragraph (c)(2)—

24 (A) by striking ‘‘for information’’ each

25 place it appears; and
31

•S 1319 IS

1 (B) by striking ‘‘$250,000’’ the 2d and 3d

2 places it appears and inserting ‘‘$500,000’’;

3 (4) in paragraph (c)(3) by striking ‘‘(F)’’ and

4 inserting ‘‘(G)’’;

5 (5) in paragraph (c)(5) by striking ‘‘Fund

6 which’’ and inserting ‘‘Fund, that’’; and

7 (6) in subsection (c)(9)(B)—

8 (A) by striking ‘‘year 1997’’ and inserting

9 ‘‘years 2002 and 2003’’; and

10 (B) by striking ‘‘Such transfer shall not’’

11 and inserting ‘‘Each such transfer shall be sub12 ject to satisfaction by the recipient involved of

13 any outstanding lien against the property trans14 ferred, but no such transfer shall’’.

15 (b) Section 522 of title 28, United States Code, is

16 amended by inserting ‘‘(a)’’ before ‘‘The’’, and by insert17 ing at the end the following:

18 ‘‘(b) With respect to any data, records, or other infor19 mation acquired, collected, classified, preserved, or pub20 lished by the Attorney General for any statistical, re21 search, or other aggregate reporting purpose beginning

22 not later than 1 year after the date of enactment of 21st

23 Century Department of Justice Appropriations Authoriza24 tion Act and continuing thereafter, and notwithstanding

25 any other provision of law, the same criteria shall be used
32

•S 1319 IS

1 (and shall be required to be used, as applicable) to classify

2 or categorize offenders and victims (in the criminal con3 text), and to classify or categorize actors and acted upon

4 (in the noncriminal context).’’.

5 (c) Section 534(a)(3) of title 28, United States Code,

6 is amended by adding ‘‘and’’ after the semicolon.

7 (d) Section 509(3) of title 28, United States Code,

8 is amended by striking the 2d period.

9 (e) Section 533 of title 28, United States Code, is

10 amended—

11 (1) by redesignating paragraph (3) as para12 graph (4); and

13 (2) by adding after paragraph (2) a new para14 graph as follows:

15 ‘‘(3) to assist in the protection of the person of

16 the Attorney General.’’.

17 (f) Hereafter, no compensation or reimbursement

18 paid pursuant to section 501(a) of Public Law 99–603

19 (100 Stat. 3443) or section 241(i) of the Act of June 27,

20 1952 (ch. 477) shall be subject to section 6503(d) of title

21 31, United States Code, and no funds available to the At22 torney General may be used to pay any assessment made

23 pursuant to such section 6503 with respect to any such

24 compensation or reimbursement.
33

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1 (g) Section 108 of Public Law 103–121 (107 Stat.

2 1164) is amended by replacing ‘‘three’’ with ‘‘six’’, by re3 placing ‘‘only’’ with ‘‘, first,’’, and by replacing ‘‘litiga4 tion.’’ with ‘‘litigation, and, thereafter, for financial sys5 tems, and other personnel, administrative, and litigation

6 expenses of debt collection activities.’’.

7 SEC. 206. OVERSIGHT; WASTE, FRAUD, AND ABUSE OF AP8 PROPRIATIONS.

9 (a) Section 529 of title 28, United States Code, is

10 amended by inserting ‘‘(a)’’ before ‘‘Beginning’’, and by

11 adding at the end the following:

12 ‘‘(b) Notwithstanding any provision of law limiting

13 the amount of management or administrative expenses,

14 the Attorney General shall, not later than May 2, 2003,

15 and of every year thereafter, prepare and provide to the

16 Committees on the Judiciary and Appropriations of each

17 House of the Congress using funds available for the under18 lying programs—

19 ‘‘(1) a report identifying and describing every

20 grant, cooperative agreement, or programmatic serv21 ices contract that was made, entered into, awarded,

22 or extended, in the immediately preceding fiscal

23 year, by or on behalf of the Office of Justice Pro24 grams (including any component or unit thereof, and

25 the Office of Community Oriented Policing Serv-
34

•S 1319 IS

1 ices), and including, without limitation, for each

2 such grant, cooperative agreement, or contract: the

3 term, the dollar amount or value, a complete and de4 tailed description of its specific purpose or purposes,

5 the names of all parties, the names of each unsuc6 cessful applicant or bidder (and a complete and de7 tailed description of the specific purpose or purposes

8 proposed of the application or bid), except that such

9 description may be summary with respect to each

10 application or bid having a total value of less than

11 $350,000; and

12 ‘‘(2) a report identifying and reviewing every

13 grant, cooperative agreement, or programmatic serv14 ices contract made, entered into, awarded, or ex15 tended after October 1, 2002, by or on behalf of the

16 Office of Justice Programs (including any compo17 nent or unit thereof, and the Office of Community

18 Oriented Policing Services) that was closed out or

19 that otherwise ended in the immediately preceding

20 fiscal year (or even if not yet closed out, was termi21 nated or otherwise ended in the fiscal year that

22 ended 2 years before the end of such immediately

23 preceding fiscal year), and including, without limita24 tion, for each such grant, cooperative agreement, or

25 contract: a complete and detailed description of how
35

•S 1319 IS

1 the appropriated funds involved actually were spent,

2 complete and detailed statistics relating to its per3 formance, its specific purpose or purposes, and its

4 effectiveness, and a written declaration by each non5 Federal grantee and each non-Federal party to such

6 agreement or to such contract, that—

7 ‘‘(A) the appropriated funds were spent for

8 such purpose or purposes, and only such pur9 pose or purposes;

10 ‘‘(B) the terms of the grant, cooperative

11 agreement, or contract were complied with; and

12 ‘‘(C) all documentation necessary for con13 ducting a full and proper audit under generally

14 accepted accounting principles, and any (addi15 tional) documentation that may have been re16 quired under the grant, cooperative agreement,

17 or contract, have been kept in orderly fashion

18 and will be preserved for not less than 3 years

19 from the date of such close out, termination, or

20 end;

21 except that the requirement of this paragraph shall

22 be deemed satisfied with respect to any such descrip23 tion, statistics, or declaration if such non-Federal

24 grantee or such non-Federal party shall have failed

25 to provide the same to the Attorney General, and
36

•S 1319 IS

1 the Attorney General notes the fact of such failure

2 and the name of such grantee or such party in the

3 report.’’.

4 (b) Section 1913 of title 18, United States Code, is

5 amended by striking ‘‘to favor’’ and inserting ‘‘a jurisdic6 tion, or an official of any government, to favor, adopt,’’,

7 by inserting ‘‘, law, ratification, policy,’’ after ‘‘legislation’’

8 every place it appears, by striking ‘‘by Congress’’ the 2d

9 place it appears, by inserting ‘‘or such official’’ before ‘‘,

10 through the proper’’, by inserting ‘‘, measure,’’ before ‘‘or

11 resolution’’, by striking ‘‘Members of Congress on the re12 quest of any Member’’ and inserting ‘‘any such Member

13 or official, at his request,’’, by striking ‘‘for legislation’’

14 and inserting ‘‘for any legislation’’.

15 (c) Section 1516(a) of title 18, United States Code,

16 is amended by inserting ‘‘, entity, or program’’ after ‘‘per17 son’’, and by inserting ‘‘grant, or cooperative agreement,’’

18 after ‘‘subcontract,’’.

19 (d) Section 112 of title I of section 101(b) of division

20 A of Public Law 105–277 (112 Stat. 2681–67) is amend21 ed by striking ‘‘fiscal year’’ and all that follows through

22 ‘‘Justice—’’, and inserting ‘‘any fiscal year the Attorney

23 General—’’.

24 (e) Section 2320(f) of title 18, United States Code,

25 is amended—
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•S 1319 IS

1 (1) by striking ‘‘title 18’’ each place it appears

2 and inserting ‘‘this title’’; and

3 (2) by redesignating paragraphs (1) through

4 (4) as subparagraphs (A) through (D), respectively;

5 (3) by inserting ‘‘(1)’’ after ‘‘(f)’’; and

6 (4) by adding at the end the following:

7 ‘‘(2) The report under paragraph (1), with respect

8 to criminal infringement of copyright, shall include the fol9 lowing:

10 ‘‘(A) The number of infringement cases involv11 ing specific types of works, such as audiovisual

12 works, sound recordings, business software, video

13 games, books, and other types of works.

14 ‘‘(B) The number of infringement cases involv15 ing an online element.

16 ‘‘(C) The number and dollar amounts of fines

17 assessed in specific categories of dollar amounts,

18 such as up to $500, from $500 to $1,000, from

19 $1,000 to $5,000, from $5,000 to $10,000, and cat20 egories above $10,000.

21 ‘‘(D) The amount of restitution awarded.

22 ‘‘(E) Whether the sentences imposed were

23 served.’’.
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1 SEC. 207. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY

2 ATTORNEY GENERAL.

3 Section 535 of title 28, United States Code, is

4 amended in subsections (a) and (b), by replacing ‘‘title

5 18’’ with ‘‘Federal criminal law’’, and in subsection (b),

6 by replacing ‘‘or complaint’’ with ‘‘matter, or complaint

7 witnessed, discovered, or’’, and by inserting ‘‘or the wit8 ness, discoverer, or recipient, as appropriate,’’ after

9 ‘‘agency,’’.

10 SEC. 208. COUNTERTERRORISM FUND.

11 (a) ESTABLISHMENT; AVAILABILITY.—There is here12 by established in the Treasury of the United States a sepa13 rate fund to be known as the ‘‘Counterterrorism Fund’’,

14 amounts in which shall remain available without fiscal

15 year limitation—

16 (1) to reimburse any Department of Justice

17 component for any costs incurred in connection

18 with—

19 (A) reestablishing the operational capa20 bility of an office or facility that has been dam21 aged or destroyed as the result of any domestic

22 or international terrorism incident;

23 (B) providing support to counter, inves24 tigate, or prosecute domestic or international

25 terrorism, including, without limitation, paying

26 rewards in connection with these activities; and
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•S 1319 IS

1 (C) conducting terrorism threat assess2 ments of Federal agencies and their facilities;

3 and

4 (2) to reimburse any department or agency of

5 the Federal Government for any costs incurred in

6 connection with detaining in foreign countries indi7 viduals accused of acts of terrorism that violate the

8 laws of the United States.

9 (b) NO EFFECT ON PRIOR APPROPRIATIONS.—The

10 amendment made by subsection (a) shall not affect the

11 amount or availability of any appropriation to the

12 Counterterrorism Fund made before the date of enact13 ment of this Act.

14 SEC. 209. STRENGTHENING LAW ENFORCEMENT IN UNITED

15 STATES TERRITORIES, COMMONWEALTHS,

16 AND POSSESSIONS.

17 (a) EXTENDED ASSIGNMENT INCENTIVE.—Chapter

18 57 of title 5, United States Code, is amended—

19 (1) in subchapter IV, by inserting at the end

20 the following:

21 ‘‘§ 5757. Extended assignment incentive

22 ‘‘(a) The head of an Executive agency may pay an

23 extended assignment incentive to an employee if—

24 ‘‘(1) the employee has completed at least 2

25 years of continuous service in 1 or more civil service
40

•S 1319 IS

1 positions located in a territory or possession of the

2 United States, the Commonwealth of Puerto Rico, or

3 the Commonwealth of the Northern Mariana Is4 lands;

5 ‘‘(2) the agency determines that replacing the

6 employee with another employee possessing the re7 quired qualifications and experience would be dif8 ficult; and

9 ‘‘(3) the agency determines it is in the best in10 terest of the Government to encourage the employee

11 to complete a specified additional period of employ12 ment with the agency in the territory or possession,

13 the Commonwealth of Puerto Rico or Common14 wealth of the Northern Mariana Islands, except that

15 the total amount of service performed in a particular

16 territory, commonwealth, or possession under 1 or

17 more agreements established under this section may

18 not exceed 5 years.

19 ‘‘(b) The sum of extended assignment incentive pay20 ments for a service period may not exceed the greater of—

21 ‘‘(1) an amount equal to 25 percent of the an22 nual rate of basic pay of the employee at the begin23 ning of the service period, times the number of years

24 in the service period; or

25 ‘‘(2) $15,000 per year in the service period.
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•S 1319 IS

1 ‘‘(c)(1) Payment of an extended assignment incentive

2 shall be contingent upon the employee entering into a writ3 ten agreement with the agency specifying the period of

4 service and other terms and conditions under which the

5 extended assignment incentive is payable.

6 ‘‘(2) The agreement shall set forth the method of

7 payment, including any use of an initial lump-sum pay8 ment, installment payments, or a final lump-sum payment

9 upon completion of the entire period of service.

10 ‘‘(3) The agreement shall describe the conditions

11 under which the extended assignment incentive may be

12 canceled prior to the completion of agreed-upon service pe13 riod and the effect of the cancellation. The agreement

14 shall require that if, at the time of cancellation of the in15 centive, the employee has received incentive payments

16 which exceed the amount which bears the same relation17 ship to the total amount to be paid under the agreement

18 as the completed service period bears to the agreed-upon

19 service period, the employee shall repay that excess

20 amount, at a minimum, except that an employee who is

21 involuntarily reassigned to a position stationed outside the

22 territory, commonwealth, or possession or involuntarily

23 separated (not for cause on charges of misconduct, delin24 quency, or inefficiency) may not be required to repay any

25 excess amounts.
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1 ‘‘(d) An agency may not put an extended assignment

2 incentive into effect during a period in which the employee

3 is fulfilling a recruitment or relocation bonus service

4 agreement under section 5753 or for which an employee

5 is receiving a retention allowance under section 5754.

6 ‘‘(e) Extended assignment incentive payments may

7 not be considered part of the basic pay of an employee.

8 ‘‘(f) The Office of Personnel Management may pre9 scribe regulations for the administration of this section,

10 including regulations on an employee’s entitlement to re11 tain or receive incentive payments when an agreement is

12 canceled. Neither this section nor implementing regula13 tions may impair any agency’s independent authority to

14 administratively determine compensation for a class of its

15 employees.’’; and

16 (2) in the analysis by adding at the end the fol17 lowing:

‘‘5757. Extended assignment incentive.’’.

18 (b) CONFORMING AMENDMENT.—Section

19 5307(a)(2)(B) of title 5, United States Code, is amended

20 by striking ‘‘or 5755’’ and inserting ‘‘5755, or 5757’’.

21 (c) EFFECTIVE DATE.—The amendments made by

22 this section shall take effect on the first day of the first

23 applicable pay period beginning on or after 6 months after

24 the date of enactment of this Act.
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1 (d) REPORT.—No later than 3 years after the effec2 tive date of this section, the Office of Personnel Manage3 ment, after consultation with affected agencies, shall sub4 mit a report to Congress assessing the effectiveness of the

5 extended assignment incentive authority as a human re6 sources management tool and making recommendations

7 for any changes necessary to improve the effectiveness of

8 the incentive authority. Each agency shall maintain such

9 records and report such information, including the number

10 and size of incentive offers made and accepted or declined

11 by geographic location and occupation, in such format and

12 at such times as the Office of Personnel Management may

13 prescribe, for use in preparing the report.

14 SEC. 210. ADDITIONAL AUTHORITIES OF THE ATTORNEY

15 GENERAL.

16 (a) FBI DANGER PAY.—Section 151 of the Foreign

17 Relations Act, fiscal years 1990 and 1991 (5 U.S.C. 5928

18 note) is amended by inserting ‘‘or Federal Bureau of In19 vestigation’’ after ‘‘Drug Enforcement Administration’’.

20 (b) FOREIGN REIMBURSEMENTS.—For fiscal year

21 2002 and thereafter, whenever the Federal Bureau of In22 vestigation participates in a cooperative project to improve

23 law enforcement or national security operations or services

24 with a friendly foreign country on a cost-sharing basis,

25 any reimbursements or contributions received from that
44

•S 1319 IS

1 foreign country to meet its share of the project may be

2 credited to appropriate current appropriations accounts of

3 the Federal Bureau of Investigation. The amount of a re4 imbursement or contribution credited shall be available

5 only for payment of the share of the project expenses allo6 cated to the participating foreign country.

7 (c) RAILROAD POLICE TRAINING FEES.—For fiscal

8 year 2002 and thereafter, the Attorney General is author9 ized to establish and collect a fee to defray the costs of

10 railroad police officers participating in a Federal Bureau

11 of Investigation law enforcement training program author12 ized by Public Law 106–110, and to credit such fees to

13 the appropriation account ‘‘Federal Bureau of Investiga14 tion, Salaries and Expenses’’, to be available until ex15 pended for salaries and expenses incurred in providing

16 such services.

17 (d) WARRANTY WORK.—In instances where the At18 torney General determines that law enforcement-, secu19 rity-, or mission-related considerations mitigate against

20 obtaining maintenance or repair services from private sec21 tor entities for equipment under warranty, the Attorney

22 General is authorized to seek reimbursement from such

23 entities for warranty work performed at Department of

24 Justice facilities, and to credit any payment made for such

25 work to any appropriation charged therefor.
45

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1 TITLE III—MISCELLANEOUS

2 SEC. 301. REPEALERS.

3 (a) OPEN-ENDED AUTHORIZATION OF APPROPRIA4 TIONS FOR NATIONAL INSTITUTE OF CORRECTIONS.—

5 Chapter 319 of title 18, United States Code, is amended

6 by striking section 4353.

7 (b) OPEN-ENDED AUTHORIZATION OF APPROPRIA8 TIONS FOR UNITED STATES MARSHALS SERVICE.—Sec9 tion 561 of title 28, United States Code, is amended by

10 striking subsection (i).

11 SEC. 302. TECHNICAL AMENDMENTS TO TITLE 18 OF THE

12 UNITED STATES CODE.

13 Title 18 of the United States Code is amended—

14 (1) in section 4041 by striking ‘‘at a salary of

15 $10,000 a year’’;

16 (2) in section 4013—

17 (A) in subsection (a)—

18 (i) by replacing ‘‘the support of

19 United States prisoners’’ with ‘‘Federal

20 prisoner detention’’;

21 (ii) in paragraph (2) by adding ‘‘and’’

22 after ‘‘hire;’’;

23 (iii) in paragraph (3) by replacing

24 ‘‘entities; and’’ with ‘‘entities.’’; and
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•S 1319 IS

1 (iv) in paragraph (4) by inserting

2 ‘‘The Attorney General, in support of Fed3 eral prisoner detainees in non-Federal in4 stitutions, is authorized to make payments,

5 from funds appropriated for State and

6 local law enforcement assistance, for’’ be7 fore ‘‘entering’’; and

8 (B) by redesignating—

9 (i) subsections (b) and (c) as sub10 sections (c) and (d); and

11 (ii) paragraph (a)(4) as subsection

12 (b), and subparagraphs (A), (B), and (C),

13 of such paragraph (a)(4) as paragraphs

14 (1), (2), and (3) of such subsection (b);

15 and

16 (3) in section 209(a)—

17 (A) by striking ‘‘or makes’’ and inserting

18 ‘‘makes’’; and

19 (B) by striking ‘‘supplements the salary of,

20 any’’ and inserting ‘‘supplements, the salary of

21 any’’.
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1 SEC. 303. REQUIRED SUBMISSION OF PROPOSED AUTHOR2 IZATION OF APPROPRIATIONS FOR THE DE3 PARTMENT OF JUSTICE FOR FISCAL YEAR

4 2003.

5 When the President submits to the Congress the

6 budget of the United States Government for fiscal year

7 2003, the President shall simultaneously submit to the

8 Committee on the Judiciary of the House of Representa9 tives and the Committee on the Judiciary of the Senate

10 such proposed legislation authorizing appropriations for

11 the Department of Justice for fiscal year 2003 as the

12 President may judge necessary and expedient.

13 SEC. 304. STUDY OF UNTESTED RAPE EXAMINATION KITS.

14 The Attorney General shall conduct a study to assess

15 and report to Congress the number of untested rape exam16 ination kits that currently exist nationwide and shall sub17 mit to the Congress a report containing a summary of the

18 results of such study. For the purpose of carrying out such

19 study, the Attorney General shall attempt to collect infor20 mation from all law enforcement jurisdictions in the

21 United States.

22 SEC. 305. REPORT ON DCS 1000 (‘‘CARNIVORE’’).

23 Not later than 30 days after the end of fiscal years

24 2001 and 2002, the Attorney General and the Director

25 of the Federal Bureau of Investigation shall provide to the
48

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1 Committees on the Judiciary of the House of Representa2 tives and the Senate a report detailing—

3 (1) the number of orders or extensions applied

4 for to authorize the use of DCS 1000 (or any simi5 lar system or device);

6 (2) the fact that the order or extension was

7 granted as applied for, was modified, or was denied;

8 (3) the kind of order applied for and the spe9 cific statutory authority relied on to use DCS 1000

10 (or any similar system or device);

11 (4) the court that authorized each use of DCS

12 1000 (or any similar system or device);

13 (5) the period of interceptions authorized by the

14 order, and the number and duration of any exten15 sions of the order;

16 (6) the offense specified in the order or applica17 tion, or extension of an order;

18 (7) the Department of Justice official or offi19 cials who approved each use of DCS 1000 (or any

20 similar system or device);

21 (8) the criteria used by the Department of Jus22 tice officials to review requests to use DCS 1000 (or

23 any similar system or device);
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•S 1319 IS

1 (9) a complete description of the process used

2 to submit, review, and approve requests to use DCS

3 1000 (or any similar system or device); and

4 (10) any information intercepted that was not

5 authorized by the court to be intercepted.

6 SEC. 306. STUDY OF ALLOCATION OF LITIGATING ATTOR7 NEYS.

8 Not later than 180 days after the date of the enact9 ment of this Act, the Attorney General shall submit a re10 port to the chairman and ranking minority member of the

11 Committees on the Judiciary of the House of Representa12 tives and Committee on the Judiciary of the Senate, de13 tailing the distribution or allocation of appropriated funds,

14 attorneys and other personnel, per-attorney workloads,

15 and number of cases opened and closed, for each Office

16 of United States Attorney and each division of the Depart17 ment of Justice except the Justice Management Division.

18 SEC. 307. USE OF TRUTH-IN-SENTENCING AND VIOLENT OF19 FENDER INCARCERATION GRANTS.

20 Section 20105(b) of the Violent Crime Control and

21 Law Enforcement Act of 1994 (42 U.S.C. 13705(b)) is

22 amended to read as follows:

23 ‘‘(b) USE OF TRUTH-IN-SENTENCING AND VIOLENT

24 OFFENDER INCARCERATION GRANTS.—Funds provided
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1 under section 20103 or 20104 may be applied to the cost

2 of—

3 ‘‘(1) altering existing correctional facilities to

4 provide separate facilities for juveniles under the ju5 risdiction of an adult criminal court who are de6 tained or are serving sentences in adult prisons or

7 jails;

8 ‘‘(2) providing correctional staff who are re9 sponsible for supervising juveniles who are detained

10 or serving sentences under the jurisdiction of an

11 adult criminal court with orientation and ongoing

12 training regarding the unique needs of such offend13 ers; and

14 ‘‘(3) providing ombudsmen to monitor the

15 treatment of juveniles who are detained or serving

16 sentences under the jurisdiction of an adult criminal

17 court in adult facilities, consistent with guidelines

18 issued by the Assistant Attorney General.’’.

19 SEC. 308. AUTHORITY OF THE DEPARTMENT OF JUSTICE

20 INSPECTOR GENERAL.

21 Section 8E of the Inspector General Act of 1978 (5

22 U.S.C. App) is amended—

23 (1) in subsection (b), by striking paragraphs

24 (2) and (3) and inserting the following:
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1 ‘‘(2) except as specified in subsection (a) and

2 paragraph (3), may investigate allegations of crimi3 nal wrongdoing or administrative misconduct by an

4 employee of the Department of Justice, or may, in

5 the Inspector General’s discretion, refer such allega6 tions to the Office of Professional Responsibility or

7 the internal affairs office of the appropriate compo8 nent of the Department of Justice; and

9 ‘‘(3) shall refer to the Counsel, Office of Profes10 sional Responsibility of the Department of Justice,

11 allegations of misconduct involving Department at12 torneys, investigators or law enforcement personnel,

13 where the allegations relate to the exercise of an at14 torney’s authority to investigate, litigate, or provide

15 legal advice, except that no such referral shall be

16 made if the attorney is employed in the Office of

17 Professional Responsibility.’’; and

18 (2) by inserting at the end the following:

19 ‘‘(d) The Attorney General shall insure by regulation

20 that any component of the Department of Justice receiv21 ing a nonfrivolous allegation of criminal wrongdoing or ad22 ministrative misconduct by an employee of the Depart23 ment shall report such information to the Inspector Gen24 eral.’’.
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1 SEC. 309. REPORT ON INSPECTOR GENERAL AND DEPUTY

2 INSPECTOR GENERAL FOR FEDERAL BUREAU

3 OF INVESTIGATION.

4 Not later than 90 days after the date of enactment

5 of this Act, the Attorney General shall submit a report

6 and recommendation to the chairman and ranking mem7 ber of the Committee on the Judiciary of the Senate and

8 the Committee of the Judiciary on the House of Rep9 resentatives concerning—

10 (1) whether there should be established, within

11 the Department of Justice, a separate Office of the

12 Inspector General for the Federal Bureau of Inves13 tigation that shall be responsible for supervising

14 independent oversight of programs and operations of

15 the Federal Bureau of Investigation; and

16 (2) whether there should be established, within

17 the Office of the Inspector General for the Depart18 ment of Justice, an Office of Deputy Inspector Gen19 eral for the Federal Bureau of Investigation that

20 shall be responsible for supervising independent

21 oversight of programs and operations of the Federal

22 Bureau of Investigation.
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1 TITLE IV—VIOLENCE AGAINST

2 WOMEN

3 SEC. 401. SHORT TITLE.

4 This title may be cited as the ‘‘Violence Against

5 Women Office Act’’.

6 SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN

7 OFFICE.

8 Part T of title I of the Omnibus Crime Control and

9 Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is

10 amended—

11 (1) in section 2002(d)(3)—

12 (A) by striking ‘‘section 2005’’ and insert13 ing ‘‘section 2009’’; and

14 (B) by striking ‘‘section 2006’’ and insert15 ing ‘‘section 2010’’;

16 (2) by redesignating sections 2002 through

17 2006 as sections 2006 through 2010, respectively;

18 and

19 (3) by inserting after section 2001 the fol20 lowing:

21 ‘‘SEC. 2002. ESTABLISHMENT OF VIOLENCE AGAINST

22 WOMEN OFFICE.

23 ‘‘(a) OFFICE.—There is hereby established within the

24 Department of Justice, under the general authority of the
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1 Attorney General, a Violence Against Women Office (in

2 this title referred to as the ‘Office’).

3 ‘‘(b) DIRECTOR.—The Office shall be headed by a Di4 rector (in this title referred to as the ‘Director’), who shall

5 be appointed by the President, by and with the advice and

6 consent of the Senate. The Director shall report to the

7 Attorney General through the Assistant Attorney General,

8 and shall make reports to the Deputy Attorney General

9 as the Director deems necessary to fulfill the mission of

10 the Office. The Director shall have final authority for all

11 grants, cooperative agreements, and contracts awarded by

12 the Office. The Director shall not engage in any employ13 ment other than that of serving as the Director, nor shall

14 the Director hold any office in, or act in any capacity for,

15 any organization, agency, or institution with which the Of16 fice makes any contract or other arrangement under this

17 title.

18 ‘‘SEC. 2003. DUTIES AND FUNCTIONS OF DIRECTOR OF VIO19 LENCE AGAINST WOMEN OFFICE.

20 ‘‘(a) IN GENERAL.—The Director shall have the fol21 lowing duties:

22 ‘‘(1) Serving as special counsel to the Attorney

23 General on the subject of violence against women.
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1 ‘‘(2) Maintaining liaison with the judicial

2 branches of the Federal and State Governments on

3 matters relating to violence against women.

4 ‘‘(3) Providing information to the President,

5 the Congress, the judiciary, State and local govern6 ments, and the general public on matters relating to

7 violence against women.

8 ‘‘(4) Serving, at the request of the Attorney

9 General or Assistant Attorney General, as the rep10 resentative of the Department of Justice on domes11 tic task forces, committees, or commissions address12 ing policy or issues relating to violence against

13 women.

14 ‘‘(5) Serving, at the request of the President,

15 acting through the Attorney General, as the rep16 resentative of the United States Government on

17 human rights and economic justice matters related

18 to violence against women in international forums,

19 including, but not limited to, the United Nations.

20 ‘‘(6) Carrying out the functions of the Depart21 ment of Justice under the Violence Against Women

22 Act of 1994 (title IV of Public Law 103–322) and

23 the amendments made by that Act, and other func24 tions of the Department of Justice on matters relat-
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1 ing to violence against women, including with re2 spect to those functions—

3 ‘‘(A) the development of policy, protocols,

4 and guidelines;

5 ‘‘(B) the development and management of

6 grant programs and other programs, and the

7 provision of technical assistance under such

8 programs; and

9 ‘‘(C) the award and termination of grants,

10 cooperative agreements, and contracts.

11 ‘‘(7) Providing technical assistance, coordina12 tion, and support to—

13 ‘‘(A) other elements of the Department of

14 Justice, in efforts to develop policy and to en15 force Federal laws relating to violence against

16 women, including the litigation of civil and

17 criminal actions relating to enforcing such laws;

18 ‘‘(B) other Federal, State, and tribal agen19 cies, in efforts to develop policy, provide tech20 nical assistance, and improve coordination

21 among agencies carrying out efforts to elimi22 nate violence against women, including Indian

23 or indigenous women; and
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1 ‘‘(C) grantees, in efforts to combat violence

2 against women and to provide support and as3 sistance to victims of such violence.

4 ‘‘(8) Exercising such other powers and func5 tions as may be vested in the Director pursuant to

6 this title or by delegation of the Attorney General or

7 Assistant Attorney General.

8 ‘‘(9) Establishing such rules, regulations, guide9 lines, and procedures as are necessary to carry out

10 any function of the Office.

11 ‘‘SEC. 2004. STAFF OF VIOLENCE AGAINST WOMEN OFFICE.

12 ‘‘The Attorney General shall ensure that the Director

13 has adequate staff to support the Director in carrying out

14 the Director’s responsibilities under this title.

15 ‘‘SEC. 2005. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘There are authorized to be appropriated such sums

17 as are necessary to carry out this title.’’.

Æ