II

Calendar No. 205

107TH CONGRESS

1ST SESSION S. 1319

To authorize appropriations for the Department of Justice for fiscal year

2002, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 2001

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

was read twice and referred to the Committee on the Judiciary

OCTOBER 30, 2001

Reported by Mr. LEAHY, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To authorize appropriations for the Department of Justice

for fiscal year 2002, and for other purposes.

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

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR FISCAL

YEAR 2002

Sec. 101. Specific sums authorized to be appropriated.

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

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

project safe neighborhoods.

TITLE II—PERMANENT ENABLING PROVISIONS

Sec. 201. Permanent authority.

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

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

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

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

authorities; authority to transfer property of marginal value;

recordkeeping; protection of the Attorney General.

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

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

Sec. 208. Counterterrorism fund.

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

Sec. 210. Additional authorities of the Attorney General.

TITLE III—MISCELLANEOUS

Sec. 301. Repealers.

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

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

the Department of Justice for fiscal year 2003.

Sec. 304. Study of untested rape examination kits.

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

Sec. 306. Study of allocation of litigating attorneys.

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

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

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

TITLE IV—VIOLENCE AGAINST WOMEN

Sec. 401. Short title.

Sec. 402. Establishment of Violence Against Women Office.
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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

8 of Justice (including any bureau, office, board, division,

9 commission, subdivision, unit, or other component there10 of), the following sums:

11 (1) GENERAL ADMINISTRATION.—For General

12 Administration: $93,433,000.

13 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

14 For Administrative Review and Appeals:

15 $178,499,000 for administration of pardon and

16 clemency petitions and for immigration-related ac17 tivities.

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

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

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

21 $10,000 to meet unforeseen emergencies of a con22 fidential character.

23 (4) GENERAL LEGAL ACTIVITIES.—For General

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

25 for each such fiscal year—
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1 (A) not less than $4,000,000 for the inves2 tigation and prosecution of denaturalization and

3 deportation cases involving alleged Nazi war

4 criminals;

5 (B) not less than $10,000,000 for the in6 vestigation and prosecution of intellectual prop7 erty crimes, including software counterfeiting

8 crimes and crimes identified in the No Elec9 tronic Theft (NET) Act (Public Law 105–147);

10 and

11 (C) not to exceed $20,000 to meet unfore12 seen emergencies of a confidential character.

13 (5) ANTITRUST DIVISION.—For the Antitrust

14 Division: $140,973,000.

15 (6) UNITED STATES ATTORNEYS.—For United

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

17 (7) FEDERAL BUREAU OF INVESTIGATION.—

18 For the Federal Bureau of Investigation:

19 $3,507,109,000, which shall include for each such

20 fiscal year—

21 (A) not to exceed $1,250,000 for construc22 tion, to remain available until expended; and

23 (B) not to exceed $70,000 to meet unfore24 seen emergencies of a confidential character.
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1 (8) UNITED STATES MARSHALS SERVICE.—For

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

3 which shall include for each such fiscal year not to

4 exceed $6,621,000 for construction, to remain avail5 able until expended.

6 (9) FEDERAL PRISON SYSTEM.—For the Fed7 eral Prison System, including the National Institute

8 of Corrections: $4,662,710,000.

9 (10) FEDERAL PRISONER DETENTION.—For

10 the support of United States prisoners in non-Fed11 eral institutions, as authorized by section 4013(a) of

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

13 remain available until expended.

14 (11) DRUG ENFORCEMENT ADMINISTRATION.—

15 For the Drug Enforcement Administration:

16 $1,480,929,000, which shall include not to exceed

17 $70,000 to meet unforeseen emergencies of a con18 fidential character.

19 (12) IMMIGRATION AND NATURALIZATION

20 SERVICE.—For the Immigration and Naturalization

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

22 (A) not to exceed $2,737,341,000 for sala23 ries and expenses of enforcement and border af24 fairs (i.e., the Border Patrol, deportation, intel-
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1 ligence, investigations, and inspection programs,

2 and the detention program);

3 (B) not to exceed $650,660,000 for sala4 ries and expenses of citizenship and benefits

5 (i.e., programs not included under subpara6 graph (A));

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

8 $128,410,000 for construction, to remain avail9 able until expended; and

10 (D) not to exceed $50,000 to meet unfore11 seen emergencies of a confidential character.

12 (13) FEES AND EXPENSES OF WITNESSES.—

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

14 to remain available until expended, which shall in15 clude for each such fiscal year not to exceed

16 $6,000,000 for construction of protected witness

17 safesites.

18 (14) INTERAGENCY CRIME AND DRUG EN19 FORCEMENT.—For Interagency Crime and Drug

20 Enforcement: $338,106,000, for expenses not other21 wise provided for, for the investigation and prosecu22 tion of persons involved in organized crime drug

23 trafficking, except that any funds obligated from ap24 propriations authorized by this paragraph may be
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1 used under authorities available to the organizations

2 reimbursed from such funds.

3 (15) FOREIGN CLAIMS SETTLEMENT COMMIS4 SION.—For the Foreign Claims Settlement Commis5 sion: $1,130,000.

6 (16) COMMUNITY RELATIONS SERVICE.—For

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

8 (17) ASSETS FORFEITURE FUND.—For the As9 sets Forfeiture Fund: $22,949,000 for expenses au10 thorized by section 524 of title 28, United States

11 Code.

12 (18) UNITED STATES PAROLE COMMISSION.—

13 For the United States Parole Commission:

14 $10,862,000.

15 (19) FEDERAL DETENTION TRUSTEE.—For the

16 necessary expenses of the Federal Detention Trust17 ee: $1,718,000.

18 (20) JOINT AUTOMATED BOOKING SYSTEM.—

19 For expenses necessary for the operation of the

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

21 (21) NARROWBAND COMMUNICATIONS.—For

22 the costs of conversion to narrowband communica23 tions, including the cost for operation and mainte24 nance of Land Mobile Radio legacy systems:

25 $104,606,000.
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1 (22) RADIATION EXPOSURE COMPENSATION.—

2 For administrative expenses in accordance with the

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

4 (23) COUNTERTERRORISM FUND.—For the

5 Counterterrorism Fund for necessary expenses, as

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

7 (24) OFFICE OF JUSTICE PROGRAMS.—For ad8 ministrative expenses not otherwise provided for, of

9 the Office of Justice Programs: $116,369,000.

10 SEC. 102. APPOINTMENT OF ADDITIONAL ASSISTANT

11 UNITED STATES ATTORNEYS; REDUCTION OF

12 CERTAIN LITIGATION POSITIONS.

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

14 2003, the Attorney General may exercise authority under

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

16 200 assistant United States attorneys in addition to the

17 number of assistant United States attorneys serving on

18 the date of the enactment of this Act.

19 (b) SELECTION OF APPOINTEES.—Individuals first

20 appointed under subsection (a) may be appointed from

21 among attorneys who are incumbents of 200 full-time liti22 gation positions in divisions of the Department of Justice

23 and whose official duty station is at the seat of Govern24 ment.
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1 (c) TERMINATION OF POSITIONS.—Each of the 200

2 litigation positions that become vacant by reason of an ap3 pointment made in accordance with subsections (a) and

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

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated such sums as may be

7 necessary to carry out this section.

8 SEC. 103. AUTHORIZATION FOR ADDITIONAL ASSISTANT

9 UNITED STATES ATTORNEYS FOR PROJECT

10 SAFE NEIGHBORHOODS.

11 (a) IN GENERAL.—The Attorney General shall estab12 lish a program for each United States Attorney to provide

13 for coordination with State and local law enforcement offi14 cials in the identification and prosecution of violations of

15 Federal firearms laws including school gun violence and

16 juvenile gun offenses.

17 (b) AUTHORIZATION FOR HIRING 94 ADDITIONAL

18 ASSISTANT UNITED STATES ATTORNEYS.—There are au19 thorized to be appropriated to carry out this section

20 $9,000,000 for fiscal year 2002 to hire an additional As21 sistant United States Attorney in each United States At22 torney Office.
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1 TITLE II—PERMANENT

2 ENABLING PROVISIONS

3 SEC. 201. PERMANENT AUTHORITY.

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

5 States Code, is amended by adding at the end the fol6 lowing:

7 ‘‘§ 530C. Authority to use available funds

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

9 otherwise by law, the activities of the Department of Jus10 tice (including any bureau, office, board, division, commis11 sion, subdivision, unit, or other component thereof) may,

12 in the reasonable discretion of the Attorney General, be

13 carried out through any means, including—

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

15 acting within, from, or through the Department

16 itself;

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

18 to other branches or agencies of the Federal Govern19 ment, on a reimbursable, partially-reimbursable, or

20 nonreimbursable basis;

21 ‘‘(3) through reimbursable agreements with

22 other Federal agencies for work, materials, or equip23 ment;

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

25 agreements with non-Federal parties; and
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1 ‘‘(5) as provided in subsection (b), in section

2 524, and in any other provision of law consistent

3 herewith, including, without limitation, section

4 102(b) of Public Law 102–395 (106 Stat. 1838), as

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

6 132 (110 Stat. 1315).

7 ‘‘(b) PERMITTED USES.—

8 ‘‘(1) GENERAL PERMITTED USES.—Funds

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

10 available to carry out the activities described in sub11 section (a)) may be used, without limitation, for the

12 following:

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

14 and operation of passenger motor vehicles, or

15 police-type motor vehicles for law enforcement

16 purposes, without regard to general purchase

17 price limitation for the then-current fiscal year.

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

19 vehicles, boats, and aircraft operated in official

20 Government business in foreign countries.

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

22 including private counsel, as authorized by sec23 tion 3109 of title 5, and at rates of pay for in24 dividuals not to exceed the maximum daily rate
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1 payable from time to time under section 5332

2 of title 5.

3 ‘‘(D) Official reception and representation

4 expenses (i.e., official expenses of a social na5 ture intended in whole or in predominant part

6 to promote goodwill toward the Department or

7 its missions, but excluding expenses of public

8 tours of facilities of the Department of Justice),

9 in accordance with distributions and procedures

10 established, and rules issued, by the Attorney

11 General, and expenses of public tours of facili12 ties of the Department of Justice.

13 ‘‘(E) Unforeseen emergencies of a con14 fidential character, to be expended under the di15 rection of the Attorney General and accounted

16 for solely on the certificate of the Attorney Gen17 eral.

18 ‘‘(F) Miscellaneous and emergency ex19 penses authorized or approved by the Attorney

20 General, the Deputy Attorney General, the As21 sociate Attorney General, or the Assistant At22 torney General for Administration.

23 ‘‘(G) In accordance with procedures estab24 lished and rules issued by the Attorney

25 General—
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1 ‘‘(i) attendance at meetings and semi2 nars;

3 ‘‘(ii) conferences and training; and

4 ‘‘(iii) advances of public moneys under

5 section 3324 of title 31: Provided, That

6 travel advances of such moneys to law en7 forcement personnel engaged in undercover

8 activity shall be considered to be public

9 money for purposes of section 3527 of title

10 31.

11 ‘‘(H) Contracting with individuals for per12 sonal services abroad, except that such individ13 uals shall not be regarded as employees of the

14 United States for the purpose of any law ad15 ministered by the Office of Personnel Manage16 ment.

17 ‘‘(I) Payment of interpreters and trans18 lators who are not citizens of the United States,

19 in accordance with procedures established and

20 rules issued by the Attorney General.

21 ‘‘(J) Expenses or allowances for uniforms

22 as authorized by section 5901 of title 5, but

23 without regard to the general purchase price

24 limitation for the then-current fiscal year.

25 ‘‘(K) Expenses of—
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1 ‘‘(i) primary and secondary schooling

2 for dependents of personnel stationed out3 side the continental United States at cost

4 not in excess of those authorized by the

5 Department of Defense for the same area,

6 when it is determined by the Attorney

7 General that schools available in the local8 ity are unable to provide adequately for the

9 education of such dependents; and

10 ‘‘(ii) transportation of those depend11 ents between their place of residence and

12 schools serving the area which those de13 pendents would normally attend when the

14 Attorney General, under such regulations

15 as he may prescribe, determines that such

16 schools are not accessible by public means

17 of transportation.

18 ‘‘(2) SPECIFIC PERMITTED USES.—

19 ‘‘(A) AIRCRAFT AND BOATS.—Funds avail20 able to the Attorney General for United States

21 Attorneys, for the Federal Bureau of Investiga22 tion, for the United States Marshals Service,

23 for the Drug Enforcement Administration, and

24 for the Immigration and Naturalization Service

25 may be used for the purchase, lease, mainte-
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1 nance, and operation of aircraft and boats, for

2 law enforcement purposes.

3 ‘‘(B) PURCHASE OF AMMUNITION AND

4 FIREARMS; FIREARMS COMPETITIONS.—Funds

5 available to the Attorney General for United

6 States Attorneys, for the Federal Bureau of In7 vestigation, for the United States Marshals

8 Service, for the Drug Enforcement Administra9 tion, for the Federal Prison System, for the Of10 fice of the Inspector General, and for the Immi11 gration and Naturalization Service may be used

12 for—

13 ‘‘(i) the purchase of ammunition and

14 firearms; and

15 ‘‘(ii) participation in firearms com16 petitions.

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

18 the Attorney General for construction may be

19 used for expenses of planning, designing, ac20 quiring, building, constructing, activating, ren21 ovating, converting, expanding, extending, re22 modeling, equipping, repairing, or maintaining

23 buildings or facilities, including the expenses of

24 acquisition of sites therefor, and all necessary

25 expenses incident or related thereto; but the
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1 foregoing shall not be construed to mean that

2 funds generally available for salaries and ex3 penses are not also available for certain inci4 dental or minor construction, activation, remod5 eling, maintenance, and other related construc6 tion costs.

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

8 Funds available to the Attorney General for fees and

9 expenses of witnesses may be used for—

10 ‘‘(A) expenses, mileage, compensation, pro11 tection, and per diem in lieu of subsistence, of

12 witnesses (including advances of public money)

13 and as authorized by section 1821 or other law,

14 except that no witness may be paid more than

15 1 attendance fee for any 1 calendar day;

16 ‘‘(B) fees and expenses of neutrals in alter17 native dispute resolution proceedings, where the

18 Department of Justice is a party; and

19 ‘‘(C) construction of protected witness

20 safesites.

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

22 Funds available to the Attorney General for the

23 Federal Bureau of Investigation for the detection,

24 investigation, and prosecution of crimes against the
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1 United States may be used for the conduct of all its

2 authorized activities.

3 ‘‘(5) IMMIGRATION AND NATURALIZATION

4 SERVICE.—Funds available to the Attorney General

5 for the Immigration and Naturalization Service may

6 be used for—

7 ‘‘(A) acquisition of land as sites for en8 forcement fences, and construction incident to

9 such fences;

10 ‘‘(B) cash advances to aliens for meals and

11 lodging en route;

12 ‘‘(C) refunds of maintenance bills, immi13 gration fines, and other items properly return14 able, except deposits of aliens who become pub15 lic charges and deposits to secure payment of

16 fines and passage money; and

17 ‘‘(D) expenses and allowances incurred in

18 tracking lost persons, as required by public ex19 igencies, in aid of State or local law enforce20 ment agencies.

21 ‘‘(6) FEDERAL PRISON SYSTEM.—Funds avail22 able to the Attorney General for the Federal Prison

23 System may be used for—

24 ‘‘(A) inmate medical services and inmate

25 legal services, within the Federal prison system;
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1 ‘‘(B) the purchase and exchange of farm

2 products and livestock;

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

4 section 4010 of title 18; and

5 ‘‘(D) the construction of buildings and fa6 cilities for penal and correctional institutions

7 (including prison camps), by contract or force

8 account, including the payment of United

9 States prisoners for their work performed in

10 any such construction;

11 except that no funds may be used to distribute or

12 make available to a prisoner any commercially pub13 lished information or material that is sexually ex14 plicit or features nudity.

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

16 to the Attorney General for the Detention Trustee

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

18 the exercise of all power and functions authorized by

19 law relating to the detention of Federal prisoners in

20 non-Federal institutions or otherwise in the custody

21 of the United States Marshals Service and to the de22 tention of aliens in the custody of the Immigration

23 and Naturalization Service, including the overseeing

24 of construction of detention facilities or for housing

25 related to such detention, the management of funds
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1 appropriated to the Department for the exercise of

2 detention functions, and the direction of the United

3 States Marshals Service and Immigration Service

4 with respect to the exercise of detention policy set5 ting and operations for the Department of Justice.

6 ‘‘(c) RELATED PROVISIONS.—

7 ‘‘(1) LIMITATION OF COMPENSATION OF INDI8 VIDUALS EMPLOYED AS ATTORNEYS.—No funds

9 available to the Attorney General may be used to

10 pay compensation for services provided by an indi11 vidual employed as an attorney (other than an indi12 vidual employed to provide services as a foreign at13 torney in special cases) unless such individual is duly

14 licensed and authorized to practice as an attorney

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

16 States, or the District of Columbia.

17 ‘‘(2) REIMBURSEMENTS PAID TO GOVERN18 MENTAL ENTITIES.—Funds available to the Attor19 ney General that are paid as reimbursement to a

20 governmental unit of the Department of Justice, to

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

22 government, may be used under authorities available

23 to the unit or entity receiving such reimbursement.’’.
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1 (b) CONFORMING AMENDMENT.—The table of sec2 tions of chapter 31 of title 28, United States Code, is

3 amended by adding at the end the following:

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

4 SEC. 202. PERMANENT AUTHORITY RELATING TO EN5 FORCEMENT OF LAWS.

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

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

8 adding at the end the following:

9 ‘‘§ 530D. Report on enforcement of laws

10 ‘‘(a) REPORT.—

11 ‘‘(1) IN GENERAL.—The Attorney General shall

12 submit to the Congress a report of any instance in

13 which the Attorney General or any officer of the De14 partment of Justice—

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

16 informal policy to refrain—

17 ‘‘(i) from enforcing, applying, or ad18 ministering any provision of any Federal

19 statute, rule, regulation, program, policy,

20 or other law whose enforcement, applica21 tion, or administration is within the re22 sponsibility of the Attorney General or

23 such officer on the grounds that such pro24 vision is unconstitutional; or
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1 ‘‘(ii) within any judicial jurisdiction of

2 or within the United States, from adhering

3 to, enforcing, applying, or complying with,

4 any standing rule of decision (binding

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

6 jurisdiction) established by a final decision

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

8 that jurisdiction, respecting the interpreta9 tion, construction, or application of the

10 Constitution or of any statute, rule, regula11 tion, program, policy, or other law whose

12 enforcement, application, or administration

13 is within the responsibility of the Attorney

14 General or such officer;

15 ‘‘(B) determines—

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

17 judicial, administrative, or other pro18 ceeding, the constitutionality of any provi19 sion of any Federal statute, rule, regula20 tion, program, policy, or other law; or

21 ‘‘(ii) to refrain from defending or as22 serting, in any judicial, administrative, or

23 other proceeding, the constitutionality of

24 any provision of any Federal statute, rule,

25 regulation, program, policy, or other law,
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1 or not to appeal or request review of any

2 judicial, administrative, or other deter3 mination adversely affecting the constitu4 tionality of any such provision; or

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

6 in which a report is submitted to the Joint

7 Committee on Taxation, pursuant to section

8 6405 of the Internal Revenue Code of 1986)

9 the settlement or compromise (other than in

10 bankruptcy) of any claim, suit, or other

11 action—

12 ‘‘(i) against the United States (includ13 ing any agency or instrumentality thereof)

14 for a sum that exceeds, or is likely to ex15 ceed, $2,000,000; or

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

17 any agency or instrumentality thereof)

18 pursuant to an agreement, consent decree,

19 or order (or pursuant to any modification

20 of an agreement, consent decree, or order)

21 that provides injunctive or other nonmone22 tary relief that exceeds, or is likely to ex23 ceed, 3 years in duration.

24 ‘‘(2) SUBMISSION OF REPORT TO THE CON25 GRESS.—For the purposes of paragraph (1), a re-
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1 port shall be considered to be submitted to the Con2 gress if the report is submitted to—

3 ‘‘(A) the majority leader and minority

4 leader of the Senate;

5 ‘‘(B) the Speaker, majority leader, and mi6 nority leader of the House of Representatives;

7 ‘‘(C) the chairman and ranking minority

8 member of the Committee on the Judiciary of

9 the House of Representatives and the chairman

10 and ranking minority member of the Committee

11 on the Judiciary of the Senate; and

12 ‘‘(D) the Senate Legal Counsel and the

13 General Counsel of the House of Representa14 tives.

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

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

17 30 days after the establishment or implementation

18 of each policy;

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

20 time as will reasonably enable the House of Rep21 resentatives and the Senate to take action, sepa22 rately or jointly, to intervene in timely fashion in the

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

24 the making of each determination; and
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1 ‘‘(3) under subsection (a)(1)(C), not later than

2 30 days after the conclusion of each fiscal-year quar3 ter, with respect to all approvals occurring in such

4 quarter.

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

6 shall—

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

8 implementation of the policy described in subsection

9 (a)(1)(A), of the making of the determination de10 scribed in subsection (a)(1)(B), or of each approval

11 described in subsection (a)(1)(C);

12 ‘‘(2) include a complete and detailed statement

13 of the relevant issues and background (including a

14 complete and detailed statement of the reasons for

15 the policy or determination, and the identity of the

16 officer responsible for establishing or implementing

17 such policy, making such determination, or approv18 ing such settlement or compromise), except that—

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

20 be absolutely necessary to prevent improper dis21 closure of national-security- or classified infor22 mation, or of any information subject to the de23 liberative-process-, executive-, attorney-work24 product-, or attorney-client privileges, if the fact

25 of each such omission (and the precise ground
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1 or grounds therefor) is clearly noted in the

2 statement: Provided, That this subparagraph

3 shall not be construed to deny to the Congress

4 (including any House, Committee, or agency

5 thereof) any such omitted details (or related in6 formation) that it lawfully may seek, subse7 quent to the submission of the report; and

8 ‘‘(B) the requirements of this paragraph

9 shall be deemed satisfied—

10 ‘‘(i) in the case of an approval de11 scribed in subsection (a)(1)(C)(i), if an

12 unredacted copy of the entire settlement

13 agreement and consent decree or order (if

14 any) is provided, along with a statement

15 indicating the legal and factual basis or

16 bases for the settlement or compromise (if

17 not apparent on the face of documents pro18 vided); and

19 ‘‘(ii) in the case of an approval de20 scribed in subsection (a)(1)(C)(ii), if an

21 unredacted copy of the entire settlement

22 agreement and consent decree or order (if

23 any) is provided, along with a statement

24 indicating the injunctive or other nonmone-
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1 tary relief (if not apparent on the face of

2 documents provided); and

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

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

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

6 identifying information, and status of the pro7 ceeding, suit, or action.

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

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

10 United States participating in the proceeding shall make

11 a clear declaration in the proceeding that any position ex12 pressed as to the constitutionality of the provision involved

13 is the position of the executive branch of the Federal Gov14 ernment (or, as applicable, of the President or of any exec15 utive agency or military department).

16 ‘‘(e) APPLICABILITY TO THE PRESIDENT AND TO EX17 ECUTIVE AGENCIES AND MILITARY DEPARTMENTS.—The

18 reporting, declaration, and other provisions of this section

19 relating to the Attorney General and other officers of the

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

21 head of each executive agency or military department (as

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

23 United States Code) that establishes or implements a pol24 icy described in subsection (a)(1)(A) or is authorized to
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1 conduct litigation, and to the officers of such executive

2 agency.’’.

3 (b) CONFORMING AMENDMENTS.—

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

5 28, United States Code (as amended by section

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

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

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

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

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

10 enactment of this Act, the President shall advise the

11 head of each executive agency or military depart12 ment (as defined, respectively, in sections 105 and

13 102 of title 5, United States Code) of the enactment

14 of this section.

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

16 the enactment of this Act, the Attorney General

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

18 any executive agency or military department de19 scribed in subsection (e) of section 530D of title 28,

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

21 shall submit to Congress a report (in accordance

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

23 on—

24 (i) all policies of which the Attorney Gen25 eral and applicable official are aware described
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1 in subsection (a)(1)(A) of such section that

2 were established or implemented before the date

3 of the enactment of this Act and were in effect

4 on such date; and

5 (ii) all determinations of which the Attor6 ney General and applicable official are aware

7 described in subsection (a)(1)(B) of such sec8 tion that were made before the date of the en9 actment of this Act and were in effect on such

10 date.

11 (B) If a determination described in subpara12 graph (A)(ii) relates to any judicial, administrative,

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

14 period beginning on the date of the enactment of

15 this Act, with respect to any such determination,

16 then the report required by this paragraph shall be

17 submitted within such time as will reasonably enable

18 the House of Representatives and the Senate to take

19 action, separately or jointly, to intervene in timely

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

21 after the date of the enactment of this Act.

22 SEC. 203. NOTIFICATIONS AND REPORTS TO BE PROVIDED

23 SIMULTANEOUSLY TO COMMITTEES.

24 If the Attorney General or any officer of the Depart25 ment of Justice (including any bureau, office, board, divi-
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1 sion, commission, subdivision, unit, or other component

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

3 to include any request or direction contained in any report

4 of a committee of the Congress relating to an appropria5 tions Act or in any statement of managers accompanying

6 any conference report agreed to by the Congress) to pro7 vide a notice or report to any committee or subcommittee

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

9 Judiciary of the House of Representatives and the Com10 mittee on the Judiciary of the Senate), then such Act shall

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

12 be provided simultaneously to the Committee on the Judi13 ciary of the House of Representatives and the Committee

14 on the Judiciary of the Senate.

15 SEC. 204. MISCELLANEOUS USES OF FUNDS; TECHNICAL

16 AMENDMENTS.

17 (a) BUREAU OF JUSTICE ASSISTANCE GRANT PRO18 GRAMS.—Title I of the Omnibus Crime Control and Safe

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

20 amended—

21 (1) in section 504(a) by striking ‘‘502’’ and in22 serting ‘‘501(b)’’;

23 (2) in section 506(a)(1) by striking ‘‘partici24 pating’’;
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1 (3) in section 510(a)(3) by striking ‘‘502’’ and

2 inserting ‘‘501(b)’’;

3 (4) in section 510 by adding at the end the fol4 lowing:

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

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

7 provide any security enhancements or any equipment to

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

9 enforcement or law enforcement support, criminal or juve10 nile justice, or delinquency prevention.’’; and

11 (5) in section 511 by striking ‘‘503’’ and insert12 ing ‘‘501(b)’’.

13 (b) ATTORNEYS SPECIALLY RETAINED BY THE AT14 TORNEY GENERAL.—The 3d sentence of section 515(b) of

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

16 not more than $12,000’’.

17 SEC. 205. TECHNICAL AND MISCELLANEOUS AMENDMENTS

18 TO DEPARTMENT OF JUSTICE AUTHORITIES;

19 AUTHORITY TO TRANSFER PROPERTY OF

20 MARGINAL VALUE; RECORDKEEPING; PRO21 TECTION OF THE ATTORNEY GENERAL.

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

23 amended—

24 (1) in subsection (a) by inserting ‘‘to the Attor25 ney General’’ after ‘‘available’’;
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1 (2) in paragraph (c)(1)—

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

3 the 1st subparagraph (I) and inserting a pe4 riod;

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

6 and

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

8 following the 2d subparagraph (I) and inserting

9 ‘‘Fund’’;

10 (3) in paragraph (c)(2)—

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

12 place it appears; and

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

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

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

16 inserting ‘‘(G)’’;

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

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

19 (6) in subsection (c)(9)(B)—

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

21 ‘‘years 2002 and 2003’’; and

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

23 and inserting ‘‘Each such transfer shall be sub24 ject to satisfaction by the recipient involved of
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1 any outstanding lien against the property trans2 ferred, but no such transfer shall’’.

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

4 amended by inserting ‘‘(a)’’ before ‘‘The’’, and by insert5 ing at the end the following:

6 ‘‘(b) With respect to any data, records, or other infor7 mation acquired, collected, classified, preserved, or pub8 lished by the Attorney General for any statistical, re9 search, or other aggregate reporting purpose beginning

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

11 Century Department of Justice Appropriations Authoriza12 tion Act and continuing thereafter, and notwithstanding

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

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

15 or categorize offenders and victims (in the criminal con16 text), and to classify or categorize actors and acted upon

17 (in the noncriminal context).’’.

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

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

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

21 is amended by striking the 2d period.

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

23 amended—

24 (1) by redesignating paragraph (3) as para25 graph (4); and
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1 (2) by adding after paragraph (2) a new para2 graph as follows:

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

4 the Attorney General.’’.

5 (f) Hereafter, no compensation or reimbursement

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

7 (100 Stat. 3443) or section 241(i) of the Act of June 27,

8 1952 (ch. 477) shall be subject to section 6503(d) of title

9 31, United States Code, and no funds available to the At10 torney General may be used to pay any assessment made

11 pursuant to such section 6503 with respect to any such

12 compensation or reimbursement.

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

14 1164) is amended by replacing ‘‘three’’ with ‘‘six’’, by re15 placing ‘‘only’’ with ‘‘, first,’’, and by replacing ‘‘litiga16 tion.’’ with ‘‘litigation, and, thereafter, for financial sys17 tems, and other personnel, administrative, and litigation

18 expenses of debt collection activities.’’.

19 SEC. 206. OVERSIGHT; WASTE, FRAUD, AND ABUSE OF AP20 PROPRIATIONS.

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

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

23 adding at the end the following:

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

25 the amount of management or administrative expenses,
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1 the Attorney General shall, not later than May 2, 2003,

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

3 Committees on the Judiciary and Appropriations of each

4 House of the Congress using funds available for the under5 lying programs—

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

7 grant, cooperative agreement, or programmatic serv8 ices contract that was made, entered into, awarded,

9 or extended, in the immediately preceding fiscal

10 year, by or on behalf of the Office of Justice Pro11 grams (including any component or unit thereof, and

12 the Office of Community Oriented Policing Serv13 ices), and including, without limitation, for each

14 such grant, cooperative agreement, or contract: the

15 term, the dollar amount or value, a complete and de16 tailed description of its specific purpose or purposes,

17 the names of all parties, the names of each unsuc18 cessful applicant or bidder (and a complete and de19 tailed description of the specific purpose or purposes

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

21 description may be summary with respect to each

22 application or bid having a total value of less than

23 $350,000; and

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

25 grant, cooperative agreement, or programmatic serv-
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1 ices contract made, entered into, awarded, or ex2 tended after October 1, 2002, by or on behalf of the

3 Office of Justice Programs (including any compo4 nent or unit thereof, and the Office of Community

5 Oriented Policing Services) that was closed out or

6 that otherwise ended in the immediately preceding

7 fiscal year (or even if not yet closed out, was termi8 nated or otherwise ended in the fiscal year that

9 ended 2 years before the end of such immediately

10 preceding fiscal year), and including, without limita11 tion, for each such grant, cooperative agreement, or

12 contract: a complete and detailed description of how

13 the appropriated funds involved actually were spent,

14 complete and detailed statistics relating to its per15 formance, its specific purpose or purposes, and its

16 effectiveness, and a written declaration by each non17 Federal grantee and each non-Federal party to such

18 agreement or to such contract, that—

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

20 such purpose or purposes, and only such pur21 pose or purposes;

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

23 agreement, or contract were complied with; and

24 ‘‘(C) all documentation necessary for con25 ducting a full and proper audit under generally
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1 accepted accounting principles, and any (addi2 tional) documentation that may have been re3 quired under the grant, cooperative agreement,

4 or contract, have been kept in orderly fashion

5 and will be preserved for not less than 3 years

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

7 end;

8 except that the requirement of this paragraph shall

9 be deemed satisfied with respect to any such descrip10 tion, statistics, or declaration if such non-Federal

11 grantee or such non-Federal party shall have failed

12 to provide the same to the Attorney General, and

13 the Attorney General notes the fact of such failure

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

15 report.’’.

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

17 amended by striking ‘‘to favor’’ and inserting ‘‘a jurisdic18 tion, or an official of any government, to favor, adopt,’’,

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

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

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

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

23 resolution’’, by striking ‘‘Members of Congress on the re24 quest of any Member’’ and inserting ‘‘any such Member
37

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

2 and inserting ‘‘for any legislation’’.

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

4 is amended by inserting ‘‘, entity, or program’’ after ‘‘per5 son’’, and by inserting ‘‘grant, or cooperative agreement,’’

6 after ‘‘subcontract,’’.

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

8 A of Public Law 105–277 (112 Stat. 2681–67) is amend9 ed by striking ‘‘fiscal year’’ and all that follows through

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

11 General—’’.

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

13 is amended—

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

15 and inserting ‘‘this title’’; and

16 (2) by redesignating paragraphs (1) through

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

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

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

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

21 to criminal infringement of copyright, shall include the fol22 lowing:

23 ‘‘(A) The number of infringement cases involv24 ing specific types of works, such as audiovisual
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1 works, sound recordings, business software, video

2 games, books, and other types of works.

3 ‘‘(B) The number of infringement cases involv4 ing an online element.

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

6 assessed in specific categories of dollar amounts,

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

8 $1,000 to $5,000, from $5,000 to $10,000, and cat9 egories above $10,000.

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

11 ‘‘(E) Whether the sentences imposed were

12 served.’’.

13 SEC. 207. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY

14 ATTORNEY GENERAL.

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

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

17 18’’ with ‘‘Federal criminal law’’, and in subsection (b),

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

19 witnessed, discovered, or’’, and by inserting ‘‘or the wit20 ness, discoverer, or recipient, as appropriate,’’ after

21 ‘‘agency,’’.

22 SEC. 208. COUNTERTERRORISM FUND.

23 (a) ESTABLISHMENT; AVAILABILITY.—There is here24 by established in the Treasury of the United States a sepa25 rate fund to be known as the ‘‘Counterterrorism Fund’’,
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1 amounts in which shall remain available without fiscal

2 year limitation—

3 (1) to reimburse any Department of Justice

4 component for any costs incurred in connection

5 with—

6 (A) reestablishing the operational capa7 bility of an office or facility that has been dam8 aged or destroyed as the result of any domestic

9 or international terrorism incident;

10 (B) providing support to counter, inves11 tigate, or prosecute domestic or international

12 terrorism, including, without limitation, paying

13 rewards in connection with these activities; and

14 (C) conducting terrorism threat assess15 ments of Federal agencies and their facilities;

16 and

17 (2) to reimburse any department or agency of

18 the Federal Government for any costs incurred in

19 connection with detaining in foreign countries indi20 viduals accused of acts of terrorism that violate the

21 laws of the United States.

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

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

24 amount or availability of any appropriation to the
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1 Counterterrorism Fund made before the date of enact2 ment of this Act.

3 SEC. 209. STRENGTHENING LAW ENFORCEMENT IN UNITED

4 STATES TERRITORIES, COMMONWEALTHS,

5 AND POSSESSIONS.

6 (a) EXTENDED ASSIGNMENT INCENTIVE.—Chapter

7 57 of title 5, United States Code, is amended—

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

9 the following:

10 ‘‘§ 5757. Extended assignment incentive

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

12 extended assignment incentive to an employee if—

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

14 years of continuous service in 1 or more civil service

15 positions located in a territory or possession of the

16 United States, the Commonwealth of Puerto Rico, or

17 the Commonwealth of the Northern Mariana Is18 lands;

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

20 employee with another employee possessing the re21 quired qualifications and experience would be dif22 ficult; and

23 ‘‘(3) the agency determines it is in the best in24 terest of the Government to encourage the employee

25 to complete a specified additional period of employ-
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1 ment with the agency in the territory or possession,

2 the Commonwealth of Puerto Rico or Common3 wealth of the Northern Mariana Islands, except that

4 the total amount of service performed in a particular

5 territory, commonwealth, or possession under 1 or

6 more agreements established under this section may

7 not exceed 5 years.

8 ‘‘(b) The sum of extended assignment incentive pay9 ments for a service period may not exceed the greater of—

10 ‘‘(1) an amount equal to 25 percent of the an11 nual rate of basic pay of the employee at the begin12 ning of the service period, times the number of years

13 in the service period; or

14 ‘‘(2) $15,000 per year in the service period.

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

16 shall be contingent upon the employee entering into a writ17 ten agreement with the agency specifying the period of

18 service and other terms and conditions under which the

19 extended assignment incentive is payable.

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

21 payment, including any use of an initial lump-sum pay22 ment, installment payments, or a final lump-sum payment

23 upon completion of the entire period of service.

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

25 under which the extended assignment incentive may be
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1 canceled prior to the completion of agreed-upon service pe2 riod and the effect of the cancellation. The agreement

3 shall require that if, at the time of cancellation of the in4 centive, the employee has received incentive payments

5 which exceed the amount which bears the same relation6 ship to the total amount to be paid under the agreement

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

8 service period, the employee shall repay that excess

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

10 involuntarily reassigned to a position stationed outside the

11 territory, commonwealth, or possession or involuntarily

12 separated (not for cause on charges of misconduct, delin13 quency, or inefficiency) may not be required to repay any

14 excess amounts.

15 ‘‘(d) An agency may not put an extended assignment

16 incentive into effect during a period in which the employee

17 is fulfilling a recruitment or relocation bonus service

18 agreement under section 5753 or for which an employee

19 is receiving a retention allowance under section 5754.

20 ‘‘(e) Extended assignment incentive payments may

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

22 ‘‘(f) The Office of Personnel Management may pre23 scribe regulations for the administration of this section,

24 including regulations on an employee’s entitlement to re25 tain or receive incentive payments when an agreement is
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1 canceled. Neither this section nor implementing regula2 tions may impair any agency’s independent authority to

3 administratively determine compensation for a class of its

4 employees.’’; and

5 (2) in the analysis by adding at the end the fol6 lowing:

‘‘5757. Extended assignment incentive.’’.

7 (b) CONFORMING AMENDMENT.—Section

8 5307(a)(2)(B) of title 5, United States Code, is amended

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

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

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

12 applicable pay period beginning on or after 6 months after

13 the date of enactment of this Act.

14 (d) REPORT.—No later than 3 years after the effec15 tive date of this section, the Office of Personnel Manage16 ment, after consultation with affected agencies, shall sub17 mit a report to Congress assessing the effectiveness of the

18 extended assignment incentive authority as a human re19 sources management tool and making recommendations

20 for any changes necessary to improve the effectiveness of

21 the incentive authority. Each agency shall maintain such

22 records and report such information, including the number

23 and size of incentive offers made and accepted or declined

24 by geographic location and occupation, in such format and
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1 at such times as the Office of Personnel Management may

2 prescribe, for use in preparing the report.

3 SEC. 210. ADDITIONAL AUTHORITIES OF THE ATTORNEY

4 GENERAL.

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

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

7 note) is amended by inserting ‘‘or Federal Bureau of In8 vestigation’’ after ‘‘Drug Enforcement Administration’’.

9 (b) FOREIGN REIMBURSEMENTS.—For fiscal year

10 2002 and thereafter, whenever the Federal Bureau of In11 vestigation participates in a cooperative project to improve

12 law enforcement or national security operations or services

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

14 any reimbursements or contributions received from that

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

16 credited to appropriate current appropriations accounts of

17 the Federal Bureau of Investigation. The amount of a re18 imbursement or contribution credited shall be available

19 only for payment of the share of the project expenses allo20 cated to the participating foreign country.

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

22 year 2002 and thereafter, the Attorney General is author23 ized to establish and collect a fee to defray the costs of

24 railroad police officers participating in a Federal Bureau

25 of Investigation law enforcement training program author-
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1 ized by Public Law 106–110, and to credit such fees to

2 the appropriation account ‘‘Federal Bureau of Investiga3 tion, Salaries and Expenses’’, to be available until ex4 pended for salaries and expenses incurred in providing

5 such services.

6 (d) WARRANTY WORK.—In instances where the At7 torney General determines that law enforcement-, secu8 rity-, or mission-related considerations mitigate against

9 obtaining maintenance or repair services from private sec10 tor entities for equipment under warranty, the Attorney

11 General is authorized to seek reimbursement from such

12 entities for warranty work performed at Department of

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

14 work to any appropriation charged therefor.

15 TITLE III—MISCELLANEOUS

16 SEC. 301. REPEALERS.

17 (a) OPEN-ENDED AUTHORIZATION OF APPROPRIA18 TIONS FOR NATIONAL INSTITUTE OF CORRECTIONS.—

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

20 by striking section 4353.

21 (b) OPEN-ENDED AUTHORIZATION OF APPROPRIA22 TIONS FOR UNITED STATES MARSHALS SERVICE.—Sec23 tion 561 of title 28, United States Code, is amended by

24 striking subsection (i).
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1 SEC. 302. TECHNICAL AMENDMENTS TO TITLE 18 OF THE

2 UNITED STATES CODE.

3 Title 18 of the United States Code is amended—

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

5 $10,000 a year’’;

6 (2) in section 4013—

7 (A) in subsection (a)—

8 (i) by replacing ‘‘the support of

9 United States prisoners’’ with ‘‘Federal

10 prisoner detention’’;

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

12 after ‘‘hire;’’;

13 (iii) in paragraph (3) by replacing

14 ‘‘entities; and’’ with ‘‘entities.’’; and

15 (iv) in paragraph (4) by inserting

16 ‘‘The Attorney General, in support of Fed17 eral prisoner detainees in non-Federal in18 stitutions, is authorized to make payments,

19 from funds appropriated for State and

20 local law enforcement assistance, for’’ be21 fore ‘‘entering’’; and

22 (B) by redesignating—

23 (i) subsections (b) and (c) as sub24 sections (c) and (d); and

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

26 (b), and subparagraphs (A), (B), and (C),
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1 of such paragraph (a)(4) as paragraphs

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

3 and

4 (3) in section 209(a)—

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

6 ‘‘makes’’; and

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

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

9 any’’.

10 SEC. 303. REQUIRED SUBMISSION OF PROPOSED AUTHOR11 IZATION OF APPROPRIATIONS FOR THE DE12 PARTMENT OF JUSTICE FOR FISCAL YEAR

13 2003.

14 When the President submits to the Congress the

15 budget of the United States Government for fiscal year

16 2003, the President shall simultaneously submit to the

17 Committee on the Judiciary of the House of Representa18 tives and the Committee on the Judiciary of the Senate

19 such proposed legislation authorizing appropriations for

20 the Department of Justice for fiscal year 2003 as the

21 President may judge necessary and expedient.

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

23 The Attorney General shall conduct a study to assess

24 and report to Congress the number of untested rape exam25 ination kits that currently exist nationwide and shall sub-
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1 mit to the Congress a report containing a summary of the

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

3 study, the Attorney General shall attempt to collect infor4 mation from all law enforcement jurisdictions in the

5 United States.

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

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

8 2001 and 2002, the Attorney General and the Director

9 of the Federal Bureau of Investigation shall provide to the

10 Committees on the Judiciary of the House of Representa11 tives and the Senate a report detailing—

12 (1) the number of orders or extensions applied

13 for to authorize the use of DCS 1000 (or any simi14 lar system or device);

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

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

17 (3) the kind of order applied for and the spe18 cific statutory authority relied on to use DCS 1000

19 (or any similar system or device);

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

21 1000 (or any similar system or device);

22 (5) the period of interceptions authorized by the

23 order, and the number and duration of any exten24 sions of the order;
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1 (6) the offense specified in the order or applica2 tion, or extension of an order;

3 (7) the Department of Justice official or offi4 cials who approved each use of DCS 1000 (or any

5 similar system or device);

6 (8) the criteria used by the Department of Jus7 tice officials to review requests to use DCS 1000 (or

8 any similar system or device);

9 (9) a complete description of the process used

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

11 1000 (or any similar system or device); and

12 (10) any information intercepted that was not

13 authorized by the court to be intercepted.

14 SEC. 306. STUDY OF ALLOCATION OF LITIGATING ATTOR15 NEYS.

16 Not later than 180 days after the date of the enact17 ment of this Act, the Attorney General shall submit a re18 port to the chairman and ranking minority member of the

19 Committees on the Judiciary of the House of Representa20 tives and Committee on the Judiciary of the Senate, de21 tailing the distribution or allocation of appropriated funds,

22 attorneys and other personnel, per-attorney workloads,

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

24 of United States Attorney and each division of the Depart25 ment of Justice except the Justice Management Division.
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1 SEC. 307. USE OF TRUTH-IN-SENTENCING AND VIOLENT OF2 FENDER INCARCERATION GRANTS.

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

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

5 amended to read as follows:

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

7 OFFENDER INCARCERATION GRANTS.—Funds provided

8 under section 20103 or 20104 may be applied to the cost

9 of—

10 ‘‘(1) altering existing correctional facilities to

11 provide separate facilities for juveniles under the ju12 risdiction of an adult criminal court who are de13 tained or are serving sentences in adult prisons or

14 jails;

15 ‘‘(2) providing correctional staff who are re16 sponsible for supervising juveniles who are detained

17 or serving sentences under the jurisdiction of an

18 adult criminal court with orientation and ongoing

19 training regarding the unique needs of such offend20 ers; and

21 ‘‘(3) providing ombudsmen to monitor the

22 treatment of juveniles who are detained or serving

23 sentences under the jurisdiction of an adult criminal

24 court in adult facilities, consistent with guidelines

25 issued by the Assistant Attorney General.’’.
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1 SEC. 308. AUTHORITY OF THE DEPARTMENT OF JUSTICE

2 INSPECTOR GENERAL.

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

4 U.S.C. App) is amended—

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

6 (2) and (3) and inserting the following:

7 ‘‘(2) except as specified in subsection (a) and

8 paragraph (3), may investigate allegations of crimi9 nal wrongdoing or administrative misconduct by an

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

11 the Inspector General’s discretion, refer such allega12 tions to the Office of Professional Responsibility or

13 the internal affairs office of the appropriate compo14 nent of the Department of Justice; and

15 ‘‘(3) shall refer to the Counsel, Office of Profes16 sional Responsibility of the Department of Justice,

17 allegations of misconduct involving Department at18 torneys, investigators or law enforcement personnel,

19 where the allegations relate to the exercise of an at20 torney’s authority to investigate, litigate, or provide

21 legal advice, except that no such referral shall be

22 made if the attorney is employed in the Office of

23 Professional Responsibility.’’; and

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

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

26 that any component of the Department of Justice receiv-
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1 ing a nonfrivolous allegation of criminal wrongdoing or ad2 ministrative misconduct by an employee of the Depart3 ment shall report such information to the Inspector Gen4 eral.’’.

5 SEC. 309. REPORT ON INSPECTOR GENERAL AND DEPUTY

6 INSPECTOR GENERAL FOR FEDERAL BUREAU

7 OF INVESTIGATION.

8 Not later than 90 days after the date of enactment

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

10 and recommendation to the chairman and ranking mem11 ber of the Committee on the Judiciary of the Senate and

12 the Committee of the Judiciary on the House of Rep13 resentatives concerning—

14 (1) whether there should be established, within

15 the Department of Justice, a separate Office of the

16 Inspector General for the Federal Bureau of Inves17 tigation that shall be responsible for supervising

18 independent oversight of programs and operations of

19 the Federal Bureau of Investigation; and

20 (2) whether there should be established, within

21 the Office of the Inspector General for the Depart22 ment of Justice, an Office of Deputy Inspector Gen23 eral for the Federal Bureau of Investigation that

24 shall be responsible for supervising independent
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1 oversight of programs and operations of the Federal

2 Bureau of Investigation.

3 TITLE IV—VIOLENCE AGAINST

4 WOMEN

5 SEC. 401. SHORT TITLE.

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

7 Women Office Act’’.

8 SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN

9 OFFICE.

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

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

12 amended—

13 (1) in section 2002(d)(3)—

14 (A) by striking ‘‘section 2005’’ and insert15 ing ‘‘section 2009’’; and

16 (B) by striking ‘‘section 2006’’ and insert17 ing ‘‘section 2010’’;

18 (2) by redesignating sections 2002 through

19 2006 as sections 2006 through 2010, respectively;

20 and

21 (3) by inserting after section 2001 the fol22 lowing:
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1 ‘‘SEC. 2002. ESTABLISHMENT OF VIOLENCE AGAINST

2 WOMEN OFFICE.

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

4 Department of Justice, under the general authority of the

5 Attorney General, a Violence Against Women Office (in

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

7 ‘‘(b) DIRECTOR.—The Office shall be headed by a Di8 rector (in this title referred to as the ‘Director’), who shall

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

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

11 Attorney General through the Assistant Attorney General,

12 and shall make reports to the Deputy Attorney General

13 as the Director deems necessary to fulfill the mission of

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

15 grants, cooperative agreements, and contracts awarded by

16 the Office. The Director shall not engage in any employ17 ment other than that of serving as the Director, nor shall

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

19 any organization, agency, or institution with which the Of20 fice makes any contract or other arrangement under this

21 title.

22 ‘‘SEC. 2003. DUTIES AND FUNCTIONS OF DIRECTOR OF VIO23 LENCE AGAINST WOMEN OFFICE.

24 ‘‘(a) IN GENERAL.—The Director shall have the fol25 lowing duties:
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1 ‘‘(1) Serving as special counsel to the Attorney

2 General on the subject of violence against women.

3 ‘‘(2) Maintaining liaison with the judicial

4 branches of the Federal and State Governments on

5 matters relating to violence against women.

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

7 the Congress, the judiciary, State and local govern8 ments, and the general public on matters relating to

9 violence against women.

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

11 General or Assistant Attorney General, as the rep12 resentative of the Department of Justice on domes13 tic task forces, committees, or commissions address14 ing policy or issues relating to violence against

15 women.

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

17 acting through the Attorney General, as the rep18 resentative of the United States Government on

19 human rights and economic justice matters related

20 to violence against women in international forums,

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

22 ‘‘(6) Carrying out the functions of the Depart23 ment of Justice under the Violence Against Women

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

25 the amendments made by that Act, and other func-
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1 tions of the Department of Justice on matters relat2 ing to violence against women, including with re3 spect to those functions—

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

5 and guidelines;

6 ‘‘(B) the development and management of

7 grant programs and other programs, and the

8 provision of technical assistance under such

9 programs; and

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

11 cooperative agreements, and contracts.

12 ‘‘(7) Providing technical assistance, coordina13 tion, and support to—

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

15 Justice, in efforts to develop policy and to en16 force Federal laws relating to violence against

17 women, including the litigation of civil and

18 criminal actions relating to enforcing such laws;

19 ‘‘(B) other Federal, State, and tribal agen20 cies, in efforts to develop policy, provide tech21 nical assistance, and improve coordination

22 among agencies carrying out efforts to elimi23 nate violence against women, including Indian

24 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.’’.

18 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

19 (a) SHORT TITLE.—This Act may be cited as the ‘‘21st

20 Century Department of Justice Appropriations Authoriza21 tion Act’’.

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

23 Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR

2002

Sec. 101. Specific sums authorized to be appropriated.
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Sec. 102. Appointment of additional Assistant United States Attorneys; reduction

of certain litigation positions.

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

project safe neighborhoods.

TITLE II—PERMANENT ENABLING PROVISIONS

Sec. 201. Permanent authority.

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

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

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

Sec. 205. Technical and miscellaneous amendments to Department of Justice authorities; authority to transfer property of marginal value; recordkeeping; protection of the Attorney General.

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

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

Sec. 208. Counterterrorism fund.

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

Sec. 210. Additional authorities of the Attorney General.

TITLE III—MISCELLANEOUS

Sec. 301. Repealers.

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

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

Department of Justice for fiscal year 2003.

Sec. 304. Study of untested rape examination kits.

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

Sec. 306. Study of allocation of litigating attorneys.

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

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

Sec. 309. Report on Inspector General and Deputy Inspector General for Federal

Bureau of Investigation.

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

Sec. 311. Report on threats and assaults against Federal law enforcement officers,

United States judges, United States officials and their families.

Sec. 312. Additional Federal judgeships.

TITLE IV—VIOLENCE AGAINST WOMEN

Sec. 401. Short title.

Sec. 402. Establishment of Violence Against Women Office.

Sec. 403. Jurisdiction.

Sec. 404. Director of Violence Against Women Office.

Sec. 405. Regulatory authorization.

Sec. 406. Office staff.

Sec. 407. Authorization of appropriations.
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1 TITLE I—AUTHORIZATION OF AP2 PROPRIATIONS FOR FISCAL

3 YEAR 2002

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

6 There are authorized to be appropriated for fiscal year

7 2002, to carry out the activities of the Department of Jus8 tice (including any bureau, office, board, division, commis9 sion, subdivision, unit, or other component thereof), the fol10 lowing sums:

11 (1) GENERAL ADMINISTRATION.—For General

12 Administration: $93,433,000.

13 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

14 For Administrative Review and Appeals:

15 $178,499,000 for administration of pardon and clem16 ency petitions and for immigration-related activities.

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

18 Office of Inspector General: $55,000,000, which shall

19 include for each such fiscal year, not to exceed

20 $10,000 to meet unforeseen emergencies of a confiden21 tial character.

22 (4) GENERAL LEGAL ACTIVITIES.—For General

23 Legal Activities: $566,822,000, which shall include for

24 each such fiscal year—
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1 (A) not less than $4,000,000 for the inves2 tigation and prosecution of denaturalization and

3 deportation cases involving alleged Nazi war

4 criminals; and

5 (B) not to exceed $20,000 to meet unforeseen

6 emergencies of a confidential character.

7 (5) ANTITRUST DIVISION.—For the Antitrust Di8 vision: $140,973,000.

9 (6) UNITED STATES ATTORNEYS.—For United

10 States Attorneys: $1,346,289,000, which shall include

11 not less than $10,000,000 for the investigation and

12 prosecution of intellectual property crimes, including

13 software counterfeiting crimes and crimes identified

14 in the No Electronic Theft (NET) Act (Public Law

15 105–147): provided, that such amounts in the appro16 priations account ‘‘General Legal Services’’ as may be

17 expended for such investigations or prosecutions shall

18 count towards this minimum as though expended

19 from this appropriations account.

20 (7) FEDERAL BUREAU OF INVESTIGATION.—For

21 the Federal Bureau of Investigation: $3,507,109,000,

22 which shall include for each such fiscal year—

23 (A) not to exceed $1,250,000 for construc24 tion, to remain available until expended; and
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1 (B) not to exceed $70,000 to meet unforeseen

2 emergencies of a confidential character.

3 (8) UNITED STATES MARSHALS SERVICE.—For

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

5 which shall include for each such fiscal year not to ex6 ceed $6,621,000 for construction, to remain available

7 until expended.

8 (9) FEDERAL PRISON SYSTEM.—For the Federal

9 Prison System, including the National Institute of

10 Corrections: $4,662,710,000.

11 (10) FEDERAL PRISONER DETENTION.—For the

12 support of United States prisoners in non-Federal in13 stitutions, as authorized by section 4013(a) of title 18

14 of the United States Code: $724,682,000, to remain

15 available until expended.

16 (11) DRUG ENFORCEMENT ADMINISTRATION.—

17 For the Drug Enforcement Administration:

18 $1,480,929,000, which shall include not to exceed

19 $70,000 to meet unforeseen emergencies of a confiden20 tial character.

21 (12) IMMIGRATION AND NATURALIZATION SERV22 ICE.—For the Immigration and Naturalization Serv23 ice: $3,516,411,000, which shall include—

24 (A) not to exceed $2,737,341,000 for salaries

25 and expenses of enforcement and border affairs
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1 (i.e., the Border Patrol, deportation, intelligence,

2 investigations, and inspection programs, and the

3 detention program);

4 (B) not to exceed $650,660,000 for salaries

5 and expenses of citizenship and benefits (i.e.,

6 programs not included under subparagraph (A));

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

8 $128,410,000 for construction, to remain avail9 able until expended; and

10 (D) not to exceed $50,000 to meet unfore11 seen emergencies of a confidential character.

12 (13) FEES AND EXPENSES OF WITNESSES.—For

13 Fees and Expenses of Witnesses: $156,145,000 to re14 main available until expended, which shall include

15 for each such fiscal year not to exceed $6,000,000 for

16 construction of protected witness safesites.

17 (14) INTERAGENCY CRIME AND DRUG ENFORCE18 MENT.—For Interagency Crime and Drug Enforce19 ment: $338,106,000, for expenses not otherwise pro20 vided for, for the investigation and prosecution of per21 sons involved in organized crime drug trafficking, ex22 cept that any funds obligated from appropriations

23 authorized by this paragraph may be used under au24 thorities available to the organizations reimbursed

25 from such funds.
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1 (15) FOREIGN CLAIMS SETTLEMENT COMMIS2 SION.—For the Foreign Claims Settlement Commis3 sion: $1,130,000.

4 (16) COMMUNITY RELATIONS SERVICE.—For the

5 Community Relations Service: $9,269,000.

6 (17) ASSETS FORFEITURE FUND.—For the Assets

7 Forfeiture Fund: $22,949,000 for expenses authorized

8 by section 524 of title 28, United States Code.

9 (18) UNITED STATES PAROLE COMMISSION.—For

10 the United States Parole Commission: $10,862,000.

11 (19) FEDERAL DETENTION TRUSTEE.—For the

12 necessary expenses of the Federal Detention Trustee:

13 $1,718,000.

14 (20) JOINT AUTOMATED BOOKING SYSTEM.—For

15 expenses necessary for the operation of the Joint Auto16 mated Booking System: $15,957,000.

17 (21) NARROWBAND COMMUNICATIONS.—For the

18 costs of conversion to narrowband communications,

19 including the cost for operation and maintenance of

20 Land Mobile Radio legacy systems: $104,606,000.

21 (22) RADIATION EXPOSURE COMPENSATION.—

22 For administrative expenses in accordance with the

23 Radiation Exposure Compensation Act: such sums as

24 necessary.
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1 (23) COUNTERTERRORISM FUND.—For the

2 Counterterrorism Fund for necessary expenses, as de3 termined by the Attorney General: $4,989,000.

4 (24) OFFICE OF JUSTICE PROGRAMS.—For ad5 ministrative expenses not otherwise provided for, of

6 the Office of Justice Programs: $116,369,000.

7 SEC. 102. APPOINTMENT OF ADDITIONAL ASSISTANT

8 UNITED STATES ATTORNEYS; REDUCTION OF

9 CERTAIN LITIGATION POSITIONS.

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

11 2003, the Attorney General may exercise authority under

12 section 542 of title 28, United States Code, to appoint 200

13 assistant United States attorneys in addition to the number

14 of assistant United States attorneys serving on the date of

15 the enactment of this Act.

16 (b) SELECTION OF APPOINTEES.—Individuals first

17 appointed under subsection (a) may be appointed from

18 among attorneys who are incumbents of 200 full-time liti19 gation positions in divisions of the Department of Justice

20 and whose official duty station is at the seat of Government.

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

22 litigation positions that become vacant by reason of an ap23 pointment made in accordance with subsections (a) and (b)

24 shall be terminated at the time the vacancy arises.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated such sums as may be nec3 essary to carry out this section.

4 SEC. 103. AUTHORIZATION FOR ADDITIONAL ASSISTANT

5 UNITED STATES ATTORNEYS FOR PROJECT

6 SAFE NEIGHBORHOODS.

7 (a) IN GENERAL.—The Attorney General shall estab8 lish a program for each United States Attorney to provide

9 for coordination with State and local law enforcement offi10 cials in the identification and prosecution of violations of

11 Federal firearms laws including school gun violence and ju12 venile gun offenses.

13 (b) AUTHORIZATION FOR HIRING 94 ADDITIONAL AS14 SISTANT UNITED STATES ATTORNEYS.—There are author15 ized to be appropriated to carry out this section $9,000,000

16 for fiscal year 2002 to hire an additional Assistant United

17 States Attorney in each United States Attorney Office.

18 TITLE II—PERMANENT

19 ENABLING PROVISIONS

20 SEC. 201. PERMANENT AUTHORITY.

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

22 States Code, is amended by adding at the end the following:

23 ‘‘§ 530C. Authority to use available funds

24 ‘‘(a) IN GENERAL.—Except to the extent provided oth25 erwise by law, the activities of the Department of Justice
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1 (including any bureau, office, board, division, commission,

2 subdivision, unit, or other component thereof) may, in the

3 reasonable discretion of the Attorney General, be carried out

4 through any means, including—

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

6 acting within, from, or through the Department itself;

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

8 to other branches or agencies of the Federal Govern9 ment, on a reimbursable, partially-reimbursable, or

10 nonreimbursable basis;

11 ‘‘(3) through reimbursable agreements with other

12 Federal agencies for work, materials, or equipment;

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 avail23 able to the Attorney General (i.e., all funds available

24 to carry out the activities described in subsection (a))

25 may be used, without limitation, for the following:
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1 ‘‘(A) The purchase, lease, maintenance, and

2 operation of passenger motor vehicles, or police3 type motor vehicles for law enforcement purposes,

4 without regard to general purchase price limita5 tion for the then-current fiscal year.

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

7 vehicles, boats, and aircraft operated in official

8 Government business in foreign countries.

9 ‘‘(C) Services of experts and consultants, in10 cluding private counsel, as authorized by section

11 3109 of title 5, and at rates of pay for individ12 uals not to exceed the maximum daily rate pay13 able from time to time under section 5332 of

14 title 5.

15 ‘‘(D) Official reception and representation

16 expenses (i.e., official expenses of a social nature

17 intended in whole or in predominant part to

18 promote goodwill toward the Department or its

19 missions, but excluding expenses of public tours

20 of facilities of the Department of Justice), in ac21 cordance with distributions and procedures es22 tablished, and rules issued, by the Attorney Gen23 eral, and expenses of public tours of facilities of

24 the Department of Justice.
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1 ‘‘(E) Unforeseen emergencies of a confiden2 tial character, to be expended under the direction

3 of the Attorney General and accounted for solely

4 on the certificate of the Attorney General.

5 ‘‘(F) Miscellaneous and emergency expenses

6 authorized or approved by the Attorney General,

7 the Deputy Attorney General, the Associate At8 torney General, or the Assistant Attorney Gen9 eral for Administration.

10 ‘‘(G) In accordance with procedures estab11 lished and rules issued by the Attorney

12 General—

13 ‘‘(i) attendance at meetings and semi14 nars;

15 ‘‘(ii) conferences and training; and

16 ‘‘(iii) advances of public moneys under

17 section 3324 of title 31: Provided, That

18 travel advances of such moneys to law en19 forcement personnel engaged in undercover

20 activity shall be considered to be public

21 money for purposes of section 3527 of title

22 31.

23 ‘‘(H) Contracting with individuals for per24 sonal services abroad, except that such individ25 uals shall not be regarded as employees of the
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1 United States for the purpose of any law admin2 istered by the Office of Personnel Management.

3 ‘‘(I) Payment of interpreters and trans4 lators who are not citizens of the United States,

5 in accordance with procedures established and

6 rules issued by the Attorney General.

7 ‘‘(J) Expenses or allowances for uniforms as

8 authorized by section 5901 of title 5, but without

9 regard to the general purchase price limitation

10 for the then-current fiscal year.

11 ‘‘(K) Expenses of—

12 ‘‘(i) primary and secondary schooling

13 for dependents of personnel stationed out14 side the continental United States at cost

15 not in excess of those authorized by the De16 partment of Defense for the same area,

17 when it is determined by the Attorney Gen18 eral that schools available in the locality

19 are unable to provide adequately for the

20 education of such dependents; and

21 ‘‘(ii) transportation of those depend22 ents between their place of residence and

23 schools serving the area which those depend24 ents would normally attend when the Attor25 ney General, under such regulations as he
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1 may prescribe, determines that such schools

2 are not accessible by public means of trans3 portation.

4 ‘‘(L) Payment of rewards (i.e., payments

5 pursuant to public advertisements for assistance

6 to the Department of Justice), in accordance

7 with procedures and regulations established or

8 issued by the Attorney General: provided that—

9 ‘‘(i) no such reward shall exceed

10 $2,000,000 (unless a statute should author11 ize a higher amount);

12 ‘‘(ii) no such reward of $250,000 or

13 more may be made or offered without the

14 personal approval of either the Attorney

15 General or the President;

16 ‘‘(iii) the Attorney General shall give

17 written notice to the Chairmen and ranking

18 minority members of the Committees on Ap19 propriations and the Judiciary of the Sen20 ate and of the House of Representatives not

21 later than 30 days after the approval of a

22 reward under clause (ii);

23 ‘‘(iv) any executive agency or military

24 department (as defined, respectively, in sec25 tions 105 and 102 of title 5) may provide
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1 the Attorney General with funds for the

2 payment of rewards; and

3 ‘‘(v) neither the failure of the Attorney

4 General to authorize a payment nor the

5 amount authorized shall be subject to judi6 cial review.

7 ‘‘(2) SPECIFIC PERMITTED USES.—

8 ‘‘(A) AIRCRAFT AND BOATS.—Funds avail9 able to the Attorney General for United States

10 Attorneys, for the Federal Bureau of Investiga11 tion, for the United States Marshals Service, for

12 the Drug Enforcement Administration, and for

13 the Immigration and Naturalization Service

14 may be used for the purchase, lease, mainte15 nance, and operation of aircraft and boats, for

16 law enforcement purposes.

17 ‘‘(B) PURCHASE OF AMMUNITION AND FIRE18 ARMS; FIREARMS COMPETITIONS.—Funds avail19 able to the Attorney General for United States

20 Attorneys, for the Federal Bureau of Investiga21 tion, for the United States Marshals Service, for

22 the Drug Enforcement Administration, for the

23 Federal Prison System, for the Office of the In24 spector General, and for the Immigration and

25 Naturalization Service may be used for—
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1 ‘‘(i) the purchase of ammunition and

2 firearms; and

3 ‘‘(ii) participation in firearms com4 petitions.

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

6 the Attorney General for construction may be

7 used for expenses of planning, designing, acquir8 ing, building, constructing, activating, ren9 ovating, converting, expanding, extending, re10 modeling, equipping, repairing, or maintaining

11 buildings or facilities, including the expenses of

12 acquisition of sites therefor, and all necessary ex13 penses incident or related thereto; but the fore14 going shall not be construed to mean that funds

15 generally available for salaries and expenses are

16 not also available for certain incidental or minor

17 construction, activation, remodeling, mainte18 nance, and other related construction costs.

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

20 Funds available to the Attorney General for fees and

21 expenses of witnesses may be used for—

22 ‘‘(A) expenses, mileage, compensation, pro23 tection, and per diem in lieu of subsistence, of

24 witnesses (including advances of public money)

25 and as authorized by section 1821 or other law,
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1 except that no witness may be paid more than

2 1 attendance fee for any 1 calendar day;

3 ‘‘(B) fees and expenses of neutrals in alter4 native dispute resolution proceedings, where the

5 Department of Justice is a party; and

6 ‘‘(C) construction of protected witness

7 safesites.

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

9 Funds available to the Attorney General for the Fed10 eral Bureau of Investigation for the detection, inves11 tigation, and prosecution of crimes against the

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

13 authorized activities.

14 ‘‘(5) IMMIGRATION AND NATURALIZATION SERV15 ICE.—Funds available to the Attorney General for the

16 Immigration and Naturalization Service may be used

17 for—

18 ‘‘(A) acquisition of land as sites for enforce19 ment fences, and construction incident to such

20 fences;

21 ‘‘(B) cash advances to aliens for meals and

22 lodging en route;

23 ‘‘(C) refunds of maintenance bills, immigra24 tion fines, and other items properly returnable,

25 except deposits of aliens who become public
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1 charges and deposits to secure payment of fines

2 and passage money; and

3 ‘‘(D) expenses and allowances incurred in

4 tracking lost persons, as required by public ex5 igencies, in aid of State or local law enforcement

6 agencies.

7 ‘‘(6) FEDERAL PRISON SYSTEM.—Funds avail8 able to the Attorney General for the Federal Prison

9 System may be used for—

10 ‘‘(A) inmate medical services and inmate

11 legal services, within the Federal prison system;

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

13 products and livestock;

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

15 section 4010 of title 18; and

16 ‘‘(D) the construction of buildings and fa17 cilities for penal and correctional institutions

18 (including prison camps), by contract or force

19 account, including the payment of United States

20 prisoners for their work performed in any such

21 construction;

22 except that no funds may be used to distribute or

23 make available to a prisoner any commercially pub24 lished information or material that is sexually ex25 plicit or features nudity.
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1 ‘‘(7) DETENTION TRUSTEE.—Funds available to

2 the Attorney General for the Detention Trustee may

3 be used for all the activities of such Trustee in the ex4 ercise of all power and functions authorized by law

5 relating to the detention of Federal prisoners in non6 Federal institutions or otherwise in the custody of the

7 United States Marshals Service and to the detention

8 of aliens in the custody of the Immigration and Natu9 ralization Service, including the overseeing of con10 struction of detention facilities or for housing related

11 to such detention, the management of funds appro12 priated to the Department for the exercise of detention

13 functions, and the direction of the United States Mar14 shals Service and Immigration Service with respect to

15 the exercise of detention policy setting and operations

16 for the Department of Justice.

17 ‘‘(c) RELATED PROVISIONS.—

18 ‘‘(1) LIMITATION OF COMPENSATION OF INDIVID19 UALS EMPLOYED AS ATTORNEYS.—No funds available

20 to the Attorney General may be used to pay com21 pensation for services provided by an individual em22 ployed as an attorney (other than an individual em23 ployed to provide services as a foreign attorney in

24 special cases) unless such individual is duly licensed

25 and authorized to practice as an attorney under the
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1 law of a State, a territory of the United States, or

2 the District of Columbia.

3 ‘‘(2) REIMBURSEMENTS PAID TO GOVERNMENTAL

4 ENTITIES.—Funds available to the Attorney General

5 that are paid as reimbursement to a governmental

6 unit of the Department of Justice, to another Federal

7 entity, or to a unit of State or local government, may

8 be used under authorities available to the unit or en9 tity receiving such reimbursement.

10 ‘‘(d) FOREIGN REIMBURSEMENTS.—Whenever the De11 partment of Justice or any component participates in a co12 operative project to improve law enforcement or national

13 security operations or services with a friendly foreign coun14 try on a cost-sharing basis, any reimbursements or con15 tributions received from that foreign country to meet its

16 share of the project may be credited to appropriate current

17 appropriations accounts of the Department of Justice or

18 any component. The amount of a reimbursement or con19 tribution credited shall be available only for payment of

20 the share of the project expenses allocated to the partici21 pating foreign country.

22 ‘‘(e) RAILROAD POLICE TRAINING FEES.—The Attor23 ney General is authorized to establish and collect a fee to

24 defray the costs of railroad police officers participating in

25 a Federal Bureau of Investigation law enforcement training
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1 program authorized by Public Law 106–110, and to credit

2 such fees to the appropriation account ‘‘Federal Bureau of

3 Investigation, Salaries and Expenses’’, to be available until

4 expended for salaries and expenses incurred in providing

5 such services.

6 ‘‘(f) WARRANTY WORK.—In instances where the Attor7 ney General determines that law enforcement-, security-, or

8 mission-related considerations mitigate against obtaining

9 maintenance or repair services from private sector entities

10 for equipment under warranty, the Attorney General is au11 thorized to seek reimbursement from such entities for war12 ranty work performed at Department of Justice facilities,

13 and to credit any payment made for such work to any ap14 propriation charged therefor.’’.

15 (b) CONFORMING AMENDMENT.—The table of sections

16 of chapter 31 of title 28, United States Code, is amended

17 by adding at the end the following:

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

18 SEC. 202. PERMANENT AUTHORITY RELATING TO ENFORCE19 MENT OF LAWS.

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

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

22 adding at the end the following:

23 ‘‘§ 530D. Report on enforcement of laws

24 ‘‘(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, or

10 other law whose enforcement, application,

11 or administration is within the responsi12 bility of the Attorney General or such officer

13 on the grounds that such provision is un14 constitutional; or

15 ‘‘(ii) within any judicial jurisdiction

16 of or within the United States, from adher17 ing to, enforcing, applying, or complying

18 with, 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, that

22 jurisdiction, respecting the interpretation,

23 construction, or application of the Constitu24 tion, any statute, rule, regulation, program,

25 policy, or other law whose enforcement, ap-
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1 plication, or administration is within the

2 responsibility of the Attorney General or

3 such officer;

4 ‘‘(B) determines—

5 ‘‘(i) to contest affirmatively, in any ju6 dicial, administrative, or other proceeding,

7 the constitutionality of any provision of

8 any Federal statute, rule, regulation, pro9 gram, policy, or other law; or

10 ‘‘(ii) to refrain (on the grounds that

11 the provision is unconstitutional) from de12 fending or asserting, in any judicial, ad13 ministrative, or other proceeding, the con14 stitutionality of any provision of any Fed15 eral statute, rule, regulation, program, pol16 icy, or other law, or not to appeal or re17 quest review of any judicial, administrative,

18 or other determination adversely affecting

19 the constitutionality of any such provision;

20 or

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

22 in which a report is submitted to the Joint Com23 mittee on Taxation, pursuant to section 6405 of

24 the Internal Revenue Code of 1986) the settle-
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1 ment or compromise (other than in bankruptcy)

2 of any claim, suit, or other action—

3 ‘‘(i) against the United States (includ4 ing any agency or instrumentality thereof)

5 for a sum that exceeds, or is likely to exceed,

6 $2,000,000, excluding prejudgment interest;

7 or

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

9 any agency or instrumentality thereof) pur10 suant to an agreement, consent decree, or

11 order (or pursuant to any modification of

12 an agreement, consent decree, or order) that

13 provides injunctive or other nonmonetary

14 relief that exceeds, or is likely to exceed, 3

15 years in duration: Provided, That for pur16 poses of this clause, the term ‘‘injunctive or

17 other nonmonetary relief’’ shall not be un18 derstood to include the following, where the

19 same are a matter of public record—

20 ‘‘(I) debarments, suspensions, or

21 other exclusions from Government con22 tracts or grants;

23 ‘‘(II) mere reporting requirements

24 or agreements (including sanctions for

25 failure to report);
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1 ‘‘(III) requirements or agreements

2 merely to comply with statutes or regu3 lations;

4 ‘‘(IV) requirements or agreements

5 to surrender professional licenses or to

6 cease the practice of professions, occu7 pations, or industries;

8 ‘‘(V) any criminal sentence or

9 any requirements or agreements to per10 form community service, to serve pro11 bation, or to participate in supervised

12 release from detention, confinement, or

13 prison; or

14 ‘‘(VI) agreements to cooperate

15 with the government in investigations

16 or prosecutions (whether or not the

17 agreement is a matter of public

18 record).

19 ‘‘(2) SUBMISSION OF REPORT TO THE CON20 GRESS.—For the purposes of paragraph (1), a report

21 shall be considered to be submitted to the Congress if

22 the report is submitted to—

23 ‘‘(A) the majority leader and minority lead24 er of the Senate;
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1 ‘‘(B) the Speaker, majority leader, and mi2 nority leader of the House of Representatives;

3 ‘‘(C) the chairman and ranking minority

4 member of the Committee on the Judiciary of the

5 House of Representatives and the chairman and

6 ranking minority member of the Committee on

7 the Judiciary of the Senate; and

8 ‘‘(D) the Senate Legal Counsel and the Gen9 eral Counsel of the House of Representatives.

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

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

12 30 days after the establishment or implementation of

13 each policy;

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

15 time as will reasonably enable the House of Rep16 resentatives and the Senate to take action, separately

17 or jointly, to intervene in timely fashion in the pro18 ceeding, but in no event later than 30 days after the

19 making of each determination; and

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

21 30 days after the conclusion of each fiscal-year quar22 ter, with respect to all approvals occurring in such

23 quarter.

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

25 shall—
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1 ‘‘(1) specify the date of the establishment or im2 plementation of the policy described in subsection

3 (a)(1)(A), of the making of the determination de4 scribed in subsection (a)(1)(B), or of each approval

5 described in subsection (a)(1)(C);

6 ‘‘(2) include a complete and detailed statement of

7 the relevant issues and background (including a com8 plete and detailed statement of the reasons for the pol9 icy or determination, and the identity of the officer

10 responsible for establishing or implementing such pol11 icy, making such determination, or approving such

12 settlement or compromise), except that—

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

14 absolutely necessary to prevent improper disclo15 sure of national-security- or classified informa16 tion, of any information subject to the delibera17 tive-process-, executive-, attorney-work-product-,

18 or attorney-client privileges, or of any informa19 tion the disclosure of which is prohibited by sec20 tion 6103 of the Internal Revenue Code of 1986,

21 if the fact of each such omission (and the precise

22 ground or grounds therefor) is clearly noted in

23 the statement: Provided, That this subparagraph

24 shall not be construed to deny to the Congress

25 (including any House, Committee, or agency
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1 thereof) any such omitted details (or related in2 formation) that it lawfully may seek, subsequent

3 to the submission of the report; and

4 ‘‘(B) the requirements of this paragraph

5 shall be deemed satisfied—

6 ‘‘(i) in the case of an approval de7 scribed in subsection (a)(1)(C)(i), if an

8 unredacted copy of the entire settlement

9 agreement and consent decree or order (if

10 any) is provided, along with a statement

11 indicating the legal and factual basis or

12 bases for the settlement or compromise (if

13 not apparent on the face of documents pro14 vided); and

15 ‘‘(ii) in the case of an approval de16 scribed in subsection (a)(1)(C)(ii), if an

17 unredacted copy of the entire settlement

18 agreement and consent decree or order (if

19 any) is provided, along with a statement

20 indicating the injunctive or other nonmone21 tary relief (if not apparent on the face of

22 documents provided); and

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

24 subsection (a)(1)(B) or an approval described in sub25 section (a)(1)(C), indicate the nature, tribunal, iden-
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1 tifying information, and status of the proceeding,

2 suit, or action.

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

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

5 United States participating in the proceeding shall make

6 a clear declaration in the proceeding that any position ex7 pressed as to the constitutionality of the provision involved

8 is the position of the executive branch of the Federal Govern9 ment (or, as applicable, of the President or of any executive

10 agency or military department).

11 ‘‘(e) APPLICABILITY TO THE PRESIDENT AND TO EX12 ECUTIVE AGENCIES AND MILITARY DEPARTMENTS.—The

13 reporting, declaration, and other provisions of this section

14 relating to the Attorney General and other officers of the

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

16 head of each executive agency or military department (as

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

18 United States Code) that establishes or implements a policy

19 described in subsection (a)(1)(A) or is authorized to conduct

20 litigation, and to the officers of such executive agency.’’.

21 (b) CONFORMING AMENDMENTS.—

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

23 28, United States Code (as amended by section 201),

24 is amended by adding at the end the following:

‘‘530D. Report on enforcement of laws.’’.
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1 (2) Section 712 of Public Law 95–521 (92 Stat.

2 1883) is amended by striking subsection (b).

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

4 enactment of this Act, the President shall advise the

5 head of each executive agency or military department

6 (as defined, respectively, in sections 105 and 102 of

7 title 5, United States Code) of the enactment of this

8 section.

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

10 the enactment of this Act, the Attorney General (and,

11 as applicable, the President, and the head of any exec12 utive agency or military department described in sub13 section (e) of section 530D of title 28, United States

14 Code, as added by subsection (a)) shall submit to

15 Congress a report (in accordance with subsections (a),

16 (c), and (e) of such section) on—

17 (i) all policies of which the Attorney Gen18 eral and applicable official are aware described

19 in subsection (a)(1)(A) of such section that were

20 established or implemented before the date of the

21 enactment of this Act and were in effect on such

22 date; and

23 (ii) all determinations of which the Attor24 ney General and applicable official are aware

25 described in subsection (a)(1)(B) of such section
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1 that were made before the date of the enactment

2 of this Act and were in effect on such date.

3 (B) If a determination described in subpara4 graph (A)(ii) relates to any judicial, administrative,

5 or other proceeding that is pending in the 90-day pe6 riod beginning on the date of the enactment of this

7 Act, with respect to any such determination, then the

8 report required by this paragraph shall be submitted

9 within such time as will reasonably enable the House

10 of Representatives and the Senate to take action, sep11 arately or jointly, to intervene in timely fashion in

12 the proceeding, but not later than 30 days after the

13 date of the enactment of this Act.

14 (5) Section 101 of Public Law 106–57 (113 Stat.

15 414) is amended by striking subsection (b).

16 SEC. 203. NOTIFICATIONS AND REPORTS TO BE PROVIDED

17 SIMULTANEOUSLY TO COMMITTEES.

18 If the Attorney General or any officer of the Depart19 ment of Justice (including any bureau, office, board, divi20 sion, commission, subdivision, unit, or other component

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

22 to include any request or direction contained in any report

23 of a committee of the Congress relating to an appropria24 tions Act or in any statement of managers accompanying

25 any conference report agreed to by the Congress) to provide
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1 a notice or report to any committee or subcommittee of the

2 Congress (other than both the Committee on the Judiciary

3 of the House of Representatives and the Committee on the

4 Judiciary of the Senate), then such Act shall be deemed to

5 require that a copy of such notice or report be provided

6 simultaneously to the Committee on the Judiciary of the

7 House of Representatives and the Committee on the Judici8 ary of the Senate, except that classified notices and reports

9 submitted to the Select Committee on Intelligence of the

10 Senate and the Permanent Select Committee on Intelligence

11 of the House of Representatives shall be excluded from this

12 section so long as simultaneous notification of the provision

13 of such reports (other than notification required under sec14 tion 502(1) of the National Security Act of 1947 (50 U.S.C.

15 413a(1)) is made to the Committees on the Judiciary of

16 the Senate and the House of Representatives.

17 SEC. 204. MISCELLANEOUS USES OF FUNDS; TECHNICAL

18 AMENDMENTS.

19 (a) BUREAU OF JUSTICE ASSISTANCE GRANT PRO20 GRAMS.—Title I of the Omnibus Crime Control and Safe

21 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended—

22 (1) in section 504(a) by striking ‘‘502’’ and in23 serting ‘‘501(b)’’;

24 (2) in section 506(a)(1) by striking ‘‘partici25 pating’’;
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1 (3) in section 510(a)(3) by striking ‘‘502’’ and

2 inserting ‘‘501(b)’’;

3 (4) in section 510 by adding at the end the fol4 lowing:

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

6 be made, entered into, or used, directly or indirectly, to pro7 vide any security enhancements or any equipment to any

8 non-governmental entity that is not engaged in law enforce9 ment or law enforcement support, criminal or juvenile jus10 tice, or delinquency prevention.’’; and

11 (5) in section 511 by striking ‘‘503’’ and insert12 ing ‘‘501(b)’’.

13 (b) ATTORNEYS SPECIALLY RETAINED BY THE ATTOR14 NEY GENERAL.—The 3d sentence of section 515(b) of title

15 28, United States Code, is amended by striking ‘‘at not

16 more than $12,000’’.

17 SEC. 205. TECHNICAL AND MISCELLANEOUS AMENDMENTS

18 TO DEPARTMENT OF JUSTICE AUTHORITIES;

19 AUTHORITY TO TRANSFER PROPERTY OF

20 MARGINAL VALUE; RECORDKEEPING; PRO21 TECTION OF THE ATTORNEY GENERAL.

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

23 amended—

24 (1) in subsection (a) by inserting ‘‘to the Attor25 ney General’’ after ‘‘available’’;
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1 (2) in subsection (c)(1)—

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

3 the 1st subparagraph (I) and inserting a period;

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

5 (C) by striking ‘‘(A)(iv), (B), (F), (G), and

6 (H)’’ in the first sentence following the second

7 subparagraph (I) and inserting ‘‘(B), (F), and

8 (G)’’; and

9 (D) by striking ‘‘fund’’ in the 3d sentence

10 following the 2d subparagraph (I) and inserting

11 ‘‘Fund’’;

12 (3) in subsection (c)(2)—

13 (A) by inserting before the period in the last

14 sentence ‘‘, without both the personal approval of

15 the Attorney General and written notice within

16 30 days thereof to the Chairmen and ranking

17 minority members of the Committees on Appro18 priations and the Judiciary of the Senate and of

19 the House of Representatives’’;

20 (B) by striking ‘‘for information’’ each

21 place it appears; and

22 (C) by striking ‘‘$250,000’’ the 2d and 3d

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

24 (4) in subsection (c)(3) by striking ‘‘(F)’’ and in25 serting ‘‘(G)’’;
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1 (5) in subsection (c)(5) by striking ‘‘Fund

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

3 (6) in subsection (c)(8)(A), by striking ‘‘(A)(iv),

4 (B), (F), (G), and (H)’’ and inserting ‘‘(B), (F), and

5 (G)’’; and

6 (7) in subsection (c)(9)(B)—

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

8 ‘‘years 2002 and 2003’’; and

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

10 and inserting ‘‘Each such transfer shall be sub11 ject to satisfaction by the recipient involved of

12 any outstanding lien against the property trans13 ferred, but no such transfer shall’’.

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

15 amended by inserting ‘‘(a)’’ before ‘‘The’’, and by inserting

16 at the end the following:

17 ‘‘(b) With respect to any data, records, or other infor18 mation acquired, collected, classified, preserved, or pub19 lished by the Attorney General for any statistical, research,

20 or other aggregate reporting purpose beginning not later

21 than 1 year after the date of enactment of 21st Century

22 Department of Justice Appropriations Authorization Act

23 and continuing thereafter, and notwithstanding any other

24 provision of law, the same criteria shall be used (and shall

25 be required to be used, as applicable) to classify or cat-
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1 egorize offenders and victims (in the criminal context), and

2 to classify or categorize actors and acted upon (in the non3 criminal context).’’.

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

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

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

7 amended by striking the 2d period.

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

9 amended—

10 (1) by redesignating paragraph (3) as para11 graph (4); and

12 (2) by adding after paragraph (2) a new para13 graph as follows:

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

15 the Attorney General.’’.

16 (f) Hereafter, no compensation or reimbursement paid

17 pursuant to section 501(a) of Public Law 99–603 (100 Stat.

18 3443) or section 241(i) of the Act of June 27, 1952 (ch.

19 477) shall be subject to section 6503(d) of title 31, United

20 States Code, and no funds available to the Attorney General

21 may be used to pay any assessment made pursuant to such

22 section 6503 with respect to any such compensation or re23 imbursement.

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

25 1164) is amended by replacing ‘‘three’’ with ‘‘six’’, by re-
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1 placing ‘‘only’’ with ‘‘, first,’’, and by replacing ‘‘litiga2 tion.’’ with ‘‘litigation, and, thereafter, for financial sys3 tems, and other personnel, administrative, and litigation

4 expenses of debt collection activities.’’.

5 SEC. 206. OVERSIGHT; WASTE, FRAUD, AND ABUSE OF AP6 PROPRIATIONS.

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

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

9 adding at the end the following:

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

11 the amount of management or administrative expenses, the

12 Attorney General shall, not later than May 2, 2003, and

13 of every year thereafter, prepare and provide to the Com14 mittees on the Judiciary and Appropriations of each House

15 of the Congress using funds available for the underlying

16 programs—

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

18 grant (other than one made to a governmental entity,

19 pursuant to a statutory formula), cooperative agree20 ment, or programmatic services contract that was

21 made, entered into, awarded, or, for which additional

22 or supplemental funds were provided in the imme23 diately preceding fiscal year, by or on behalf of the

24 Office of Justice Programs (including any component

25 or unit thereof, and the Office of Community Oriented
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1 Policing Services), and including, without limitation,

2 for each such grant, cooperative agreement, or con3 tract: the term, the dollar amount or value, a descrip4 tion of its specific purpose or purposes, the names of

5 all grantees or parties, the names of each unsuccessful

6 applicant or bidder, and a description of the specific

7 purpose or purposes proposed in each unsuccessful ap8 plication or bid, and of the reason or reasons for re9 jection or denial of the same; and

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

11 grant (other than one made to a governmental entity,

12 pursuant to a statutory formula), cooperative agree13 ment, or programmatic services contract made, en14 tered into, awarded, or for which additional or sup15 plemental funds were provided, after October 1, 2002,

16 by or on behalf of the Office of Justice Programs (in17 cluding any component or unit thereof, and the Office

18 of Community Oriented Policing Services) that was

19 programmatically and financially closed out or that

20 otherwise ended in the immediately preceding fiscal

21 year (or even if not yet closed out, was terminated or

22 otherwise ended in the fiscal year that ended 2 years

23 before the end of such immediately preceding fiscal

24 year), and including, without limitation, for each

25 such grant, cooperative agreement, or contract: a de-
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1 scription of how the appropriated funds involved ac2 tually were spent, statistics relating to its perform3 ance, its specific purpose or purposes, and its effec4 tiveness, and a written declaration by each non-Fed5 eral 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 purpose

9 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 be

22 deemed satisfied with respect to any such description,

23 statistics, or declaration if such non-Federal grantee

24 or such non-Federal party shall have failed to provide

25 the same to the Attorney General, and the Attorney
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1 General notes the fact of such failure and the name

2 of such grantee or such party in the report.’’.

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

4 amended by striking ‘‘to favor’’ and inserting ‘‘a jurisdic5 tion, or an official of any government, to favor, adopt,’’,

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

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

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

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

10 resolution’’, by striking ‘‘Members of Congress on the request

11 of any Member’’ and inserting ‘‘any such Member or offi12 cial, at his request,’’, by striking ‘‘for legislation’’ and in13 serting ‘‘for any legislation’’, and by striking the period

14 after ‘‘business’’ and inserting ‘‘, or from making any com15 munication whose prohibition by this section might, in the

16 opinion of the Attorney General, violate the Constitution

17 or interfere with the conduct of foreign policy, counter-intel18 ligence, intelligence, or national security activities. Viola19 tions of this section shall constitute violations of section

20 1352(a) of title 31.’’.

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

22 amended by inserting ‘‘, entity, or program’’ after ‘‘person’’,

23 and by inserting ‘‘grant, or cooperative agreement,’’ after

24 ‘‘subcontract,’’.
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1 (d) Section 112 of title I of section 101(b) of division

2 A of Public Law 105–277 (112 Stat. 2681–67) is amended

3 by striking ‘‘fiscal year’’ and all that follows through ‘‘Jus4 tice—’’, and inserting ‘‘any fiscal year the Attorney Gen5 eral—’’.

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

7 amended—

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

9 and inserting ‘‘this title’’;

10 (2) by redesignating paragraphs (1) through (4)

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

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

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

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

15 criminal infringement of copyright, shall include the fol16 lowing:

17 ‘‘(A) The number of infringement cases involving

18 specific types of works, such as audiovisual works,

19 sound recordings, business software, video games,

20 books, and other types of works.

21 ‘‘(B) The number of infringement cases involving

22 an online element.

23 ‘‘(C) The number and dollar amounts of fines as24 sessed in specific categories of dollar amounts, such as

25 up to $500, from $500 to $1,000, from $1,000 to
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1 $5,000, from $5,000 to $10,000, and categories above

2 $10,000.

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

4 ‘‘(E) Whether the sentences imposed were

5 served.’’.

6 SEC. 207. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY

7 ATTORNEY GENERAL.

8 Section 535 of title 28, United States Code, is amended

9 in subsections (a) and (b), by replacing ‘‘title 18’’ with

10 ‘‘Federal criminal law’’, and in subsection (b), by replacing

11 ‘‘or complaint’’ with ‘‘matter, or complaint witnessed, dis12 covered, or’’, and by inserting ‘‘or the witness, discoverer,

13 or recipient, as appropriate,’’ after ‘‘agency,’’.

14 SEC. 208. COUNTERTERRORISM FUND.

15 (a) ESTABLISHMENT; AVAILABILITY.—There is hereby

16 established in the Treasury of the United States a separate

17 fund to be known as the ‘‘Counterterrorism Fund’’, amounts

18 in which shall remain available without fiscal year

19 limitation—

20 (1) to reimburse any Department of Justice com21 ponent for any costs incurred in connection with—

22 (A) reestablishing the operational capability

23 of an office or facility that has been damaged or

24 destroyed as the result of any domestic or inter25 national terrorism incident;
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1 (B) providing support to counter, inves2 tigate, or prosecute domestic or international ter3 rorism, including, without limitation, paying re4 wards in connection with these activities; and

5 (C) conducting terrorism threat assessments

6 of Federal agencies and their facilities; and

7 (2) to reimburse any department or agency of

8 the Federal Government for any costs incurred in

9 connection with detaining in foreign countries indi10 viduals accused of acts of terrorism that violate the

11 laws of the United States.

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

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

14 amount or availability of any appropriation to the

15 Counterterrorism Fund made before the date of enactment

16 of this Act.

17 SEC. 209. STRENGTHENING LAW ENFORCEMENT IN UNITED

18 STATES TERRITORIES, COMMONWEALTHS,

19 AND POSSESSIONS.

20 (a) EXTENDED ASSIGNMENT INCENTIVE.—Chapter 57

21 of title 5, United States Code, is amended—

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

23 following:
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1 ‘‘§ 5757. Extended assignment incentive

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

3 extended assignment incentive to an employee if—

4 ‘‘(1) the employee has completed at least 2 years

5 of continuous service in 1 or more civil service posi6 tions located in a territory or possession of the United

7 States, the Commonwealth of Puerto Rico, or the

8 Commonwealth of the Northern Mariana Islands;

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

10 employee with another employee possessing the re11 quired qualifications and experience would be dif12 ficult; and

13 ‘‘(3) the agency determines it is in the best inter14 est of the Government to encourage the employee to

15 complete a specified additional period of employment

16 with the agency in the territory or possession, the

17 Commonwealth of Puerto Rico or Commonwealth of

18 the Northern Mariana Islands, except that the total

19 amount of service performed in a particular territory,

20 commonwealth, or possession under 1 or more agree21 ments established under this section may not exceed

22 5 years.

23 ‘‘(b) The sum of extended assignment incentive pay24 ments for a service period may not exceed the greater of—

25 ‘‘(1) an amount equal to 25 percent of the an26 nual rate of basic pay of the employee at the begin-
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1 ning of the service period, times the number of years

2 in the service period; or

3 ‘‘(2) $15,000 per year in the service period.

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

5 shall be contingent upon the employee entering into a writ6 ten agreement with the agency specifying the period of serv7 ice and other terms and conditions under which the ex8 tended assignment incentive is payable.

9 ‘‘(2) The agreement shall set forth the method of pay10 ment, including any use of an initial lump-sum payment,

11 installment payments, or a final lump-sum payment upon

12 completion of the entire period of service.

13 ‘‘(3) The agreement shall describe the conditions under

14 which the extended assignment incentive may be canceled

15 prior to the completion of agreed-upon service period and

16 the effect of the cancellation. The agreement shall require

17 that if, at the time of cancellation of the incentive, the em18 ployee has received incentive payments which exceed the

19 amount which bears the same relationship to the total

20 amount to be paid under the agreement as the completed

21 service period bears to the agreed-upon service period, the

22 employee shall repay that excess amount, at a minimum,

23 except that an employee who is involuntarily reassigned to

24 a position stationed outside the territory, commonwealth,

25 or possession or involuntarily separated (not for cause on
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1 charges of misconduct, delinquency, or inefficiency) may

2 not be required to repay any excess amounts.

3 ‘‘(d) An agency may not put an extended assignment

4 incentive into effect during a period in which the employee

5 is fulfilling a recruitment or relocation bonus service agree6 ment under section 5753 or for which an employee is receiv7 ing a retention allowance under section 5754.

8 ‘‘(e) Extended assignment incentive payments may not

9 be considered part of the basic pay of an employee.

10 ‘‘(f) The Office of Personnel Management may pre11 scribe regulations for the administration of this section, in12 cluding regulations on an employee’s entitlement to retain

13 or receive incentive payments when an agreement is can14 celed. Neither this section nor implementing regulations

15 may impair any agency’s independent authority to admin16 istratively determine compensation for a class of its employ17 ees.’’; and

18 (2) in the analysis by adding at the end the fol19 lowing:

‘‘5757. Extended assignment incentive.’’.

20 (b) CONFORMING AMENDMENT.—Section

21 5307(a)(2)(B) of title 5, United States Code, is amended

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

23 (c) EFFECTIVE DATE.—The amendments made by this

24 section shall take effect on the first day of the first applica-
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1 ble pay period beginning on or after 6 months after the

2 date of enactment of this Act.

3 (d) REPORT.—No later than 3 years after the effective

4 date of this section, the Office of Personnel Management,

5 after consultation with affected agencies, shall submit a re6 port to Congress assessing the effectiveness of the extended

7 assignment incentive authority as a human resources man8 agement tool and making recommendations for any changes

9 necessary to improve the effectiveness of the incentive au10 thority. Each agency shall maintain such records and re11 port such information, including the number and size of

12 incentive offers made and accepted or declined by geo13 graphic location and occupation, in such format and at

14 such times as the Office of Personnel Management may pre15 scribe, for use in preparing the report.

16 SEC. 210. ADDITIONAL AUTHORITIES OF THE ATTORNEY

17 GENERAL.

18 Section 151 of the Foreign Relations Act, fiscal years

19 1990 and 1991 (5 U.S.C. 5928 note) is amended by insert20 ing ‘‘or Federal Bureau of Investigation’’ after ‘‘Drug En21 forcement Administration’’.

22 TITLE III—MISCELLANEOUS

23 SEC. 301. REPEALERS.

24 (a) OPEN-ENDED AUTHORIZATION OF APPROPRIA25 TIONS FOR NATIONAL INSTITUTE OF CORRECTIONS.—Chap-
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1 ter 319 of title 18, United States Code, is amended by strik2 ing section 4353.

3 (b) OPEN-ENDED AUTHORIZATION OF APPROPRIA4 TIONS FOR UNITED STATES MARSHALS SERVICE.—Section

5 561 of title 28, United States Code, is amended by striking

6 subsection (i).

7 (c) REDUNDANT AUTHORIZATIONS OF PAYMENTS FOR

8 REWARDS.—

9 (1) Chapter 203 of title 18 of the United States

10 Code is amended by striking sections 3059, 3059A,

11 3059B, 3075, and all the matter after the first sen12 tence of 3072; and

13 (2) Public Law 101–647 is amended in section

14 2565, by replacing all the matter after ‘2561’ in sub15 section (c)(1) with ‘the Attorney General may, in his

16 discretion, pay a reward to the declarant’ and by

17 striking subsection (e); and by striking section 2569.

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

19 UNITED STATES CODE.

20 Title 18 of the United States Code is amended—

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

22 $10,000 a year’’;

23 (2) in section 4013—

24 (A) in subsection (a)—
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1 (i) by replacing ‘‘the support of United

2 States prisoners’’ with ‘‘Federal prisoner

3 detention’’;

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

5 after ‘‘hire;’’;

6 (iii) in paragraph (3) by replacing

7 ‘‘entities; and’’ with ‘‘entities.’’; and

8 (iv) in paragraph (4) by inserting

9 ‘‘The Attorney General, in support of Fed10 eral prisoner detainees in non-Federal insti11 tutions, is authorized to make payments,

12 from funds appropriated for State and local

13 law enforcement assistance, for’’ before ‘‘en14 tering’’; and

15 (B) by redesignating—

16 (i) subsections (b) and (c) as sub17 sections (c) and (d); and

18 (ii) paragraph (a)(4) as subsection (b),

19 and subparagraphs (A), (B), and (C), of

20 such paragraph (a)(4) as paragraphs (1),

21 (2), and (3) of such subsection (b); and

22 (3) in section 209(a)—

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

24 ‘‘makes’’; and
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1 (B) by striking ‘‘supplements the salary of,

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

3 any’’.

4 SEC. 303. REQUIRED SUBMISSION OF PROPOSED AUTHOR5 IZATION OF APPROPRIATIONS FOR THE DE6 PARTMENT OF JUSTICE FOR FISCAL YEAR

7 2003.

8 When the President submits to the Congress the budget

9 of the United States Government for fiscal year 2003, the

10 President shall simultaneously submit to the Committee on

11 the Judiciary of the House of Representatives and the Com12 mittee on the Judiciary of the Senate such proposed legisla13 tion authorizing appropriations for the Department of Jus14 tice for fiscal year 2003 as the President may judge nec15 essary and expedient.

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

17 The Attorney General shall conduct a study to assess

18 and report to Congress the number of untested rape exam19 ination kits that currently exist nationwide and shall sub20 mit to the Congress a report containing a summary of the

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

22 study, the Attorney General shall attempt to collect infor23 mation from all law enforcement jurisdictions in the United

24 States.
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1 SEC. 305. REPORTS ON USE OF DCS 1000 (CARNIVORE).

2 (a) REPORT ON USE OF DCS 1000 (CARNIVORE) TO

3 IMPLEMENT ORDERS UNDER 18 U.S.C. 3123.—At the same

4 time that the Attorney General submits to Congress the an5 nual reports required by section 3126 of title 18, United

6 States Code, that are respectively next due after the end of

7 each of the fiscal years 2001 and 2002, the Attorney General

8 shall also submit to the Chairmen and ranking minority

9 members of the Committees on the Judiciary of the Senate

10 and of the House of Representatives a report, covering the

11 same respective time period, on the number of orders under

12 section 3123 applied for by law enforcement agencies of the

13 Department of Justice whose implementation involved the

14 use of the DCS 1000 program (or any subsequent version

15 of such program), which report shall include information

16 concerning—

17 (1) the period of interceptions authorized by the

18 order, and the number and duration of any extensions

19 of the order;

20 (2) the offense specified in the order or applica21 tion, or extension of an order;

22 (3) the number of investigations involved;

23 (4) the number and nature of the facilities af24 fected;
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1 (5) the identity of the applying investigative or

2 law enforcement agency making the application for

3 an order; and

4 (6) the specific persons authorizing the use of the

5 DCS 1000 program (or any subsequent version of

6 such program) in the implementation of such order.

7 (b) REPORT ON USE OF DCS 1000 (CARNIVORE) TO

8 IMPLEMENT ORDERS UNDER 18 U.S.C. 2518.—At the same

9 time that the Attorney General, or Assistant Attorney Gen10 eral specially designated by the Attorney General, submits

11 to the Administrative Office of the United States Courts the

12 annual report required by section 2519(2) of title 18,

13 United States Code, that is respectively next due after the

14 end of each of the fiscal years 2001 and 2002, the Attorney

15 General shall also submit to the Chairmen and ranking mi16 nority members of the Committees on the Judiciary of the

17 Senate and of the House of Representatives a report, cov18 ering the same respective time period, that contains the fol19 lowing information with respect to those orders described

20 in that annual report that were applied for by law enforce21 ment agencies of the Department of Justice and whose im22 plementation involved the use of the DCS 1000 program

23 (or any subsequent version of such program)—

24 (1) the kind of order or extension applied for

25 (including whether or not the order was an order with
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1 respect to which the requirements of sections

2 2518(1)(b)(ii) and 2518(3)(d) of title 18, United

3 States Code, did not apply by reason of section 2518

4 (11) of title 18);

5 (2) the period of interceptions authorized by the

6 order, and the number and duration of any extensions

7 of the order;

8 (3) the offense specified in the order or applica9 tion, or extension of an order;

10 (4) the identity of the applying investigative or

11 law enforcement officer and agency making the appli12 cation and the person authorizing the application;

13 (5) the nature of the facilities from which or

14 place where communications were to be intercepted;

15 (6) a general description of the interceptions

16 made under such order or extension, including—

17 (A) the approximate nature and frequency

18 of incriminating communications intercepted;

19 (B) the approximate nature and frequency

20 of other communications intercepted;

21 (C) the approximate number of persons

22 whose communications were intercepted;

23 (D) the number of orders in which

24 encryption was encountered and whether such

25 encryption prevented law enforcement from ob-
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1 taining the plain text of communications inter2 cepted pursuant to such order; and

3 (E) the approximate nature, amount, and

4 cost of the manpower and other resources used in

5 the interceptions;

6 (7) the number of arrests resulting from intercep7 tions made under such order or extension, and the of8 fenses for which arrests were made;

9 (8) the number of trials resulting from such

10 interceptions;

11 (9) the number of motions to suppress made with

12 respect to such interceptions, and the number granted

13 or denied;

14 (10) the number of convictions resulting from

15 such interceptions and the offenses for which the con16 victions were obtained and a general assessment of the

17 importance of the interceptions; and

18 (11) the specific persons authorizing the use of

19 the DCS 1000 program (or any subsequent version of

20 such program) in the implementation of such order.

21 SEC. 306. STUDY OF ALLOCATION OF LITIGATING ATTOR22 NEYS.

23 Not later than 180 days after the date of the enactment

24 of this Act, the Attorney General shall submit a report to

25 the chairman and ranking minority member of the Com-
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1 mittees on the Judiciary of the House of Representatives

2 and Committee on the Judiciary of the Senate, detailing

3 the distribution or allocation of appropriated funds, attor4 neys and other personnel, and per-attorney workloads, for

5 each Office of United States Attorney and each division of

6 the Department of Justice except the Justice Management

7 Division.

8 SEC. 307. USE OF TRUTH-IN-SENTENCING AND VIOLENT OF9 FENDER INCARCERATION GRANTS.

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

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

12 amended to read as follows:

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

14 OFFENDER INCARCERATION GRANTS.—Funds provided

15 under section 20103 or 20104 may be applied to the cost

16 of—

17 ‘‘(1) altering existing correctional facilities to

18 provide separate facilities for juveniles under the ju19 risdiction of an adult criminal court who are de20 tained or are serving sentences in adult prisons or

21 jails;

22 ‘‘(2) providing correctional staff who are respon23 sible for supervising juveniles who are detained or

24 serving sentences under the jurisdiction of an adult
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1 criminal court with orientation and ongoing training

2 regarding the unique needs of such offenders; and

3 ‘‘(3) providing ombudsmen to monitor the treat4 ment of juveniles who are detained or serving sen5 tences under the jurisdiction of an adult criminal

6 court in adult facilities, consistent with guidelines

7 issued by the Assistant Attorney General.

8 SEC. 308. AUTHORITY OF THE DEPARTMENT OF JUSTICE IN9 SPECTOR GENERAL.

10 Section 8E of the Inspector General Act of 1978 (5 U.S.C.

11 App) is amended—

12 (1) in subsection (b), by striking paragraphs (2)

13 and (3) and inserting the following:

14 ‘‘(2) except as specified in subsection (a) and

15 paragraph (3), may investigate allegations of crimi16 nal wrongdoing or administrative misconduct by an

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

18 Inspector General’s discretion, refer such allegations

19 to the Office of Professional Responsibility or the in20 ternal affairs office of the appropriate component of

21 the Department of Justice; and

22 ‘‘(3) shall refer to the Counsel, Office of Profes23 sional Responsibility of the Department of Justice, al24 legations of misconduct involving Department attor25 neys, investigators or law enforcement personnel,
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1 where the allegations relate to the exercise of an attor2 ney’s authority to investigate, litigate, or provide

3 legal advice, except that no such referral shall be

4 made if the attorney is employed in the Office of Pro5 fessional Responsibility.’’; and

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

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

8 that any component of the Department of Justice receiving

9 a nonfrivolous allegation of criminal wrongdoing or admin10 istrative misconduct by an employee of the Department

11 shall report such information to the Inspector General.’’.

12 SEC. 309. REVIEW OF THE DEPARTMENT OF JUSTICE.

13 (a) APPOINTMENT OF OVERSIGHT OFFICIAL WITHIN

14 THE OFFICE OF INSPECTOR GENERAL.—The Inspector

15 General of the Department of Justice shall direct that one

16 official from the Inspector General’s office shall be respon17 sible for supervising and coordinating independent over18 sight of programs and operations of the Federal Bureau of

19 Investigation until September 30, 2003. The Inspector Gen20 eral may continue this policy after September 30, 2003, at

21 the Inspector General’s discretion.

22 (b) INSPECTOR GENERAL OVERSIGHT PLAN FOR THE

23 FEDERAL BUREAU OF INVESTIGATION.—Not later than 30

24 days after the date of the enactment of this Act, the Inspec25 tor General of the Department of Justice shall submit to
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1 the Chairman and ranking member of the Committees on

2 the Judiciary of the Senate and the House of Representa3 tives a plan for oversight of the Federal Bureau of Inves4 tigation. The Inspector General shall consider the following

5 activities for inclusion in such plan:

6 (1) FINANCIAL SYSTEMS.—Auditing the financial

7 systems, information technology systems, and com8 puter security systems of the Federal Bureau of Inves9 tigation.

10 (2) PROGRAMS AND PROCESSES.—Auditing and

11 evaluating programs and processes of the Federal Bu12 reau of Investigation to identify systemic weaknesses

13 or implementation failures and to recommend correc14 tive action.

15 (3) INTERNAL AFFAIRS OFFICES.—Reviewing the

16 activities of internal affairs offices of the Federal Bu17 reau of Investigation, including the Inspections Divi18 sion and the Office of Professional Responsibility.

19 (4) PERSONNEL.—Investigating allegations of se20 rious misconduct by personnel of the Federal Bureau

21 of Investigation.

22 (5) OTHER PROGRAMS AND OPERATIONS.—Re23 viewing matters relating to any other program or and

24 operation of the Federal Bureau of Investigation that

25 the Inspector General determines requires review.
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1 (6) RESOURCES.—Identifying resources needed

2 by the Inspector General to implement such plan.

3 (c) REPORT ON INSPECTOR GENERAL FOR FEDERAL

4 BUREAU OF INVESTIGATION.—Not later than 90 days after

5 the date of enactment of this Act, the Attorney General shall

6 submit a report and recommendation to the Chairman and

7 ranking member of the Committees on the Judiciary of the

8 Senate and the House of Representatives concerning wheth9 er there should be established, within the Department of

10 Justice, a separate office of Inspector General for the Fed11 eral Bureau of Investigation that shall be responsible for

12 supervising independent oversight of programs and oper13 ations of the Federal Bureau of Investigation.

14 SEC. 310. USE OF RESIDENTIAL SUBSTANCE ABUSE TREAT15 MENT GRANTS TO PROVIDE FOR SERVICES

16 DURING AND AFTER INCARCERATION.

17 Section 1901 of title I of the Omnibus Crime Control

18 and Safe Streets Act of 1968 (42 U.S.C. 3796ff) is amended

19 by adding at the end the following:

20 ‘‘(c) ADDITIONAL USE OF FUNDS.—States that dem21 onstrate that they have existing in-prison drug treatment

22 programs that are in compliance with Federal requirements

23 may use funds awarded under this part for treatment and

24 sanctions both during incarceration and after release.’’.
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1 SEC. 311. REPORT ON THREATS AND ASSAULTS AGAINST

2 FEDERAL LAW ENFORCEMENT OFFICERS,

3 UNITED STATES JUDGES, UNITED STATES OF4 FICIALS AND THEIR FAMILIES.

5 (a) REPEAL OF COMPILATION OF STATISTICS RELAT6 ING TO INTIMIDATION OF GOVERNMENT EMPLOYEES.—Sec7 tion 808 of the Antiterrorism and Effective Death Penalty

8 Act of 1996 (Public Law 104–132; 110 Stat.1310) is re9 pealed.

10 (b) REPORT ON THREATS AND ASSAULTS AGAINST

11 FEDERAL LAW ENFORCEMENT OFFICERS, UNITED STATES

12 JUDGES, UNITED STATES OFFICIALS AND THEIR FAMI13 LIES.—Not later than 90 days after the date of enactment

14 of this Act, the Attorney General shall submit to the Chair15 men and ranking minority members of the Committees on

16 the Judiciary of the Senate and of the House of Representa17 tives a report on the number of investigations and prosecu18 tions under section 111 of title 18, United States Code, and

19 section 115 of title 18, United States Code, for the fiscal

20 year 2001.

21 SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.

22 (a) PERMANENT DISTRICT JUDGES FOR THE DISTRICT

23 COURTS.—

24 (1) IN GENERAL.—The President shall appoint,

25 by and with the advice and consent of the Senate—
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1 (A) 5 additional district judges for the

2 southern district of California;

3 (B) 1 additional district judge for the west4 ern district of North Carolina; and

5 (C) 2 additional district judges for the west6 ern district of Texas.

7 (2) TABLES.—In order that the table contained

8 in section 133 of title 28, United States Code, will,

9 with respect to each judicial district, reflect the

10 changes in the total number of permanent district

11 judgeships authorized as a result of paragraph (1) of

12 this subsection, such table is amended—

13 (A) by striking the item relating to Cali14 fornia and inserting the following:

‘‘California:

Northern .................................................................................................... 14

Eastern ...................................................................................................... 6

Central ...................................................................................................... 27

Southern .................................................................................................... 13.’’;

15 (B) by striking the item relating to North

16 Carolina and inserting the following:

‘‘North Carolina:

Eastern ...................................................................................................... 4

Middle ....................................................................................................... 4

Western ..................................................................................................... 4.’’;

17 and

18 (C) by striking the item relating to Texas

19 and inserting the following:

‘‘Texas:

Northern .................................................................................................... 12

Southern .................................................................................................... 19
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Eastern ...................................................................................................... 7

Western ..................................................................................................... 13.’’.

1 (b) DISTRICT JUDGESHIPS FOR THE CENTRAL AND

2 SOUTHERN DISTRICTS OF ILLINOIS.—

3 (1) CONVERSION OF TEMPORARY JUDGESHIPS TO

4 PERMANENT JUDGESHIPS.—The existing district

5 judgeships for the central district and the southern

6 district of Illinois authorized by section 203(c) (3)

7 and (4) of the Judicial Improvements Act of 1990

8 (Public Law 101–650, 28 U.S.C. 133 note) shall, as

9 of the date of the enactment of this Act, be authorized

10 under section 133 of title 28, United States Code, and

11 the incumbents in such offices shall hold the offices

12 under section 133 of title 28, United States Code (as

13 amended by this section).

14 (2) TECHNICAL AND CONFORMING AMEND15 MENT.—The table contained in section 133(a) of title

16 28, United States Code, is amended by striking the

17 item relating to Illinois and inserting the following:

‘‘Illinois:

Northern .................................................................................................... 22

Central ...................................................................................................... 4

Southern .................................................................................................... 4.’’.

18 (c) TEMPORARY JUDGESHIP.—The President shall ap19 point, by and with the advice and consent of the Senate,

20 1 additional district judge for the western district of North

21 Carolina. The first vacancy in the office of district judge

22 in the western district of North Carolina, occurring 7 years
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1 or more after the confirmation date of the judge named to

2 fill the temporary district judgeship created in that district

3 by this subsection, shall not be filled.

4 (d) EXTENSION OF TEMPORARY FEDERAL DISTRICT

5 COURT JUDGESHIP FOR THE NORTHERN DISTRICT OF

6 OHIO.—

7 (1) IN GENERAL.—Section 203(c) of the Judicial

8 Improvement Act of 1990 (28 U.S.C. 133 note) is

9 amended—

10 (A) in the first sentence following para11 graph (12), by striking ‘‘and the eastern district

12 of Pennsylvania’’ and inserting ‘‘, the eastern

13 district of Pennsylvania, and the northern dis14 trict of Ohio’’; and

15 (B) by inserting after the third sentence fol16 lowing paragraph (12) ‘‘The first vacancy in the

17 office of district judge in the northern district of

18 Ohio occurring 15 years or more after the con19 firmation date of the judge named to fill the tem20 porary judgeship created under this subsection

21 shall not be filled.’’.

22 (2) EFFECTIVE DATE.—The amendments made

23 by this section shall take effect on the earlier of—

24 (A) the date of enactment of this Act; or

25 (B) November 15, 2001.
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated such sums as may be nec3 essary to carry out this section, including such sums as may

4 be necessary to provide appropriate space and facilities for

5 the judicial positions created by this section.

6 TITLE IV—VIOLENCE AGAINST

7 WOMEN

8 SEC. 401. SHORT TITLE.

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

10 Women Office Act’’.

11 SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN

12 OFFICE.

13 (a) IN GENERAL.—There is established in the Depart14 ment of Justice a Violence Against Women Office (in this

15 title referred to as the ‘‘Office’’) under the general authority

16 of the Attorney General.

17 (b) SEPARATE OFFICE.—The Office—

18 (1) shall not be part of any division or compo19 nent of the Department of Justice; and

20 (2) shall be a separate office headed by a Direc21 tor who shall report to the Attorney General through

22 the Associate Attorney General of the United States,

23 and who shall also serve as Counsel to the Attorney

24 General.
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1 SEC. 403. JURISDICTION.

2 The Office—

3 (1) shall have jurisdiction over all matters re4 lated to administration, enforcement, coordination,

5 and implementation of all responsibilities of the At6 torney General or the Department of Justice related

7 to violence against women, including formula and

8 discretionary grant programs authorized under the

9 Violence Against Women Act of 1994 (title IV of Pub10 lic Law 103–322) and the Violence Against Women

11 Act of 2000 (Division B of Public Law 106–386); and

12 (2) shall be solely responsible for coordination

13 with other offices or agencies of administration, en14 forcement, and implementation of the programs,

15 grants, and activities authorized or undertaken under

16 the Violence Against Women Act of 1994 (title IV of

17 Public Law 103–322) and the Violence Against

18 Women Act of 2000 (Division B of Public Law 106–

19 386).

20 SEC. 404. DIRECTOR OF VIOLENCE AGAINST WOMEN OF21 FICE.

22 (a) APPOINTMENT.—The President, by and with the

23 advice and consent of the Senate, shall appoint a Director

24 for the Violence Against Women Office (in this title referred

25 to as the ‘‘Director’’) to be responsible for the administra-
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1 tion, coordination, and implementation of the programs

2 and activities of the office.

3 (b) OTHER EMPLOYMENT.—The Director shall not—

4 (1) engage in any employment other than that of

5 serving as Director; or

6 (2) hold any office in, or act in any capacity for,

7 any organization, agency, or institution with which

8 the Office makes any contract or other agreement

9 under the Violence Against Women Act of 1994 (title

10 IV of Public Law 103–322) or the Violence Against

11 Women Act of 2000 (Division B of Public Law 106–

12 386).

13 (c) VACANCY.—In the case of a vacancy, the President

14 may designate an officer or employee who shall act as Di15 rector during the vacancy.

16 (d) COMPENSATION.—The Director shall be com17 pensated at a rate of pay not to exceed the rate payable

18 for level V of the Executive Schedule under section 5316

19 of title 5, United States Code.

20 SEC. 405. REGULATORY AUTHORIZATION.

21 The Director may, after appropriate consultation with

22 representatives of States and units of local government, es23 tablish such rules, regulations, and procedures as are nec24 essary to the exercise of the functions of the Office, and are

25 consistent with the stated purposes of this Act and those
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1 of the Violence Against Women Act of 1994 (title IV of Pub2 lic Law 103–322) and the Violence Against Women Act of

3 2000 (Division B of Public Law 106–386).

4 SEC. 406. OFFICE STAFF.

5 The Attorney General shall ensure that there is ade6 quate staff to support the Director in carrying out the re7 sponsibilities of the Director under this title.

8 SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

9 There are authorized to be appropriated such sums as

10 are necessary to carry out this title.
Calendar No. 205

107TH CONGRESS

1ST SESSION S. 1319

A BILL

To authorize appropriations for the Department of

Justice for fiscal year 2002, and for other purposes.

OCTOBER 30, 2001

Reported with an amendment