I
107TH CONGRESS
1ST SESSION
H. R. 2215
To authorize appropriations for the Department of Justice for fiscal year
2002, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 2001
Mr. SENSENBRENNER (for himself and Mr. CONYERS) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To authorize appropriations for the Department of Justice
for fiscal year 2002, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘21st Century Department of Justice Appropriations Au-
thorization Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR FISCAL
YEAR 2002
Sec. 101. Specific sums authorized to be appropriated.
Sec. 102. Appointment of additional assistant United States attorneys; reduc-
tion of certain litigation positions.
TITLE II—PERMANENT ENABLING PROVISIONS
Sec. 201. Permanent authority.
Sec. 202. Permanent authority relating to enforcement of laws.
Sec. 203. Notifications and reports to be provided simultaneously to commit-
tees.
Sec. 204. Miscellaneous uses of funds; technical amendments.
Sec. 205. Technical amendment; authority to transfer property of marginal
value.
Sec. 206. Protection of the Attorney General.
Sec. 207. Enforcement of Federal criminal laws by Attorney General.
Sec. 208. Counterterrorism Fund.
TITLE III—MISCELLANEOUS
Sec. 301. Repealers.
Sec. 302. Technical amendments to title 18 of the United States Code.
Sec. 303. Required submission of proposed authorization of appropriations for
the Department of Justice for fiscal year 2003.
TITLE 
I—AUTHORIZATION 
OF
APPROPRIATIONS 
FOR 
FIS-
CAL YEAR 2002
SEC. 101. SPECIFIC SUMS AUTHORIZED TO BE APPRO-
PRIATED.
There are authorized to be appropriated for fiscal
year 2002, to carry out the activities of the Department
of Justice (including any bureau, office, board, division,
commission, subdivision, unit, or other component there-
of), the following sums:
(1) GENERAL ADMINISTRATION.—For General
Administration: $93,433,000.
(2) ADMINISTRATIVE REVIEW AND APPEALS.—
For 
Administrative 
Review 
and 
Appeals:
$178,499,000 for administration of pardon and
clemency petitions and for immigration-related ac-
tivities.
(3) OFFICE OF INSPECTOR GENERAL.—For the
Office of Inspector General: $55,000,000, which
shall include for each such fiscal year, not to exceed
$10,000 to meet unforeseen emergencies of a con-
fidential character.
(4) GENERAL LEGAL ACTIVITIES.—For General
Legal Activities: $566,822,000, which shall include
for each such fiscal year—
(A) not less than $4,000,000 for the inves-
tigation and prosecution of denaturalization and
deportation cases involving alleged Nazi war
criminals; and
(B) not to exceed $20,000 to meet unfore-
seen emergencies of a confidential character.
(5) ANTITRUST
DIVISION.—For the Antitrust
Division: $140,973,000.
(6) UNITED STATES ATTORNEYS.—For United
States Attorneys: $1,346,289,000.
(7) FEDERAL
BUREAU
OF
INVESTIGATION.—
For 
the 
Federal 
Bureau 
of 
Investigation:
$3,507,109,000, which shall include for each such
fiscal year—
(A) not to exceed $1,250,000 for construc-
tion, to remain available until expended; and
(B) not to exceed $70,000 to meet unfore-
seen emergencies of a confidential character.
(8) UNITED STATES MARSHALS SERVICE.—For
the United States Marshals Service: $626,439,000,
which shall include for each such fiscal year not to
exceed $6,621,000 for construction, to remain avail-
able until expended.
(9) FEDERAL PRISON SYSTEM.—For the Fed-
eral Prison System, including the National Institute
of Corrections: $4,662,710,000.
(10) SUPPORT OF UNITED STATES PRISONERS
IN NON-FEDERAL INSTITUTIONS.—For the support
of United States prisoners in non-Federal institu-
tions, as authorized by section 4013(a) of title 18 of
the United States Code: $724,682,000, to remain
available until expended.
(11) DRUG ENFORCEMENT ADMINISTRATION.—
For 
the 
Drug 
Enforcement 
Administration:
$1,480,929,000, which shall include not to exceed
$70,000 to meet unforeseen emergencies of a con-
fidential character.
(12) 
IMMIGRATION
AND
NATURALIZATION
SERVICE.—For the Immigration and Naturalization
Service: $3,516,411,000, which shall include—
(A) not to exceed $2,737,341,000 for sala-
ries and expenses of enforcement and border af-
fairs (i.e., the Border Patrol, deportation, intel-
ligence, investigations, and inspection programs,
and the detention program);
(B) not to exceed $650,660,000 for sala-
ries and expenses of citizenship benefits (i.e.,
programs not included under subparagraph
(A));
(C) for each such fiscal year, not to exceed
$128,410,000 for construction, to remain avail-
able until expended; and
(D) not to exceed $50,000 to meet unfore-
seen emergencies of a confidential character.
(13) FEES AND EXPENSES OF WITNESSES.—
For Fees and Expenses of Witnesses: $156,145,000
to remain available until expended, which shall in-
clude for each such fiscal year not to exceed
$6,000,000 for construction of protected witness
safesites.
(14) INTERAGENCY
CRIME
AND
DRUG
EN-
FORCEMENT.—For Interagency Crime and Drug
Enforcement: $338,106,000, for expenses not other-
wise provided for, for the investigation and prosecu-
tion of persons involved in organized crime drug
trafficking, except that any funds obligated from ap-
propriations authorized by this paragraph may be
used under authorities available to the organizations
reimbursed from such funds.
(15) FOREIGN CLAIMS SETTLEMENT COMMIS-
SION.—For the Foreign Claims Settlement Commis-
sion: $1,130,000.
(16) COMMUNITY
RELATIONS
SERVICE.—For
the Community Relations Service: $9,269,000.
(17) ASSETS FORFEITURE FUND.—For the As-
sets Forfeiture Fund: $22,949,000 for expenses au-
thorized by section 524 of title 28, United States
Code.
(18) UNITED STATES PAROLE COMMISSION.—
For 
the 
United 
States 
Parole 
Commission:
$10,862,000.
(19) FEDERAL DETENTION TRUSTEE.—For the
necessary expenses of the Federal Detention Trust-
ee: $1,718,000.
(20) JOINT AUTOMATED BOOKING SYSTEM.—
For expenses necessary for the operation of the
Joint Automated Booking System: $15,957,000.
(21) 
NARROWBAND
COMMUNICATIONS.—For
the costs of conversion to narrowband communica-
tions, including the cost for operation and mainte-
nance of Land Mobile Radio legacy systems:
$104,606,000.
(22) RADIATION EXPOSURE COMPENSATION.—
For administrative expenses in accordance with the
Radiation Exposure Compensation Act: $1,996,000.
(23) COUNTERTERRORISM
FUND.—For the
Counterterrorism Fund for necessary expenses, as
determined by the Attorney General: $4,989,000.
SEC. 
102. 
APPOINTMENT 
OF 
ADDITIONAL 
ASSISTANT
UNITED STATES ATTORNEYS; REDUCTION OF
CERTAIN LITIGATION POSITIONS.
(a) APPOINTMENTS.—Not later than September 30,
2003, the Attorney General may exercise authority under
section 542 of title 28, United States Code, to appoint
200 assistant United States attorneys in addition to the
number of assistant United States attorneys serving on
the date of the enactment of this Act.
(b) SELECTION OF APPOINTEES.—Individuals first
appointed under subsection (a) shall be appointed from
among attorneys who are incumbents of 200 full-time liti-
gation positions in divisions of the Department of Justice
and whose official duty station is at the seat of Govern-
ment.
(c) TERMINATION OF POSITIONS.—Each of the 200
litigation positions that become vacant by reason of an ap-
pointment made in accordance with subsections (a) and
(b) shall be terminated at the time the vacancy arises.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary for fiscal year 2002 to carry out this section.
TITLE II—PERMANENT
ENABLING PROVISIONS
SEC. 201. PERMANENT AUTHORITY.
(a) IN GENERAL.—Chapter 31 of title 28, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 530C. Authority to use available funds
‘‘(a) IN GENERAL.—Except to the extent provided
otherwise by law, the activities of the Department of Jus-
tice (including any bureau, office, board, division, commis-
sion, subdivision, unit, or other component thereof) may,
in the reasonable discretion of the Attorney General, be
carried out through any means, including—
‘‘(1) through the Department’s own personnel,
acting within, from, or through the Department
itself;
‘‘(2) by sending or receiving details of personnel
to other branches or agencies of the Federal Govern-
ment, on a reimbursable, partially-reimbursable, or
nonreimbursable basis;
‘‘(3) through reimbursable agreements with
other Federal agencies for work, materials, or equip-
ment;
‘‘(4) through contracts, grants, or cooperative
agreements with non-Federal parties; and
‘‘(5) as provided in subsection (b), in section
524, and in any other provision of law consistent
herewith, including, without limitation, section
102(b) of Public Law 102–395 (106 Stat. 1838), as
incorporated by section 815(d) of Public Law 104–
132 (110 Stat. 1315).
‘‘(b) PERMITTED USES.—
‘‘(1) 
GENERAL
PERMITTED
USES.—Funds
available to the Attorney General (i.e., all funds
available to carry out the activities described in sub-
section (a)) may be used, without limitation, for the
following:
‘‘(A) The purchase, lease, maintenance,
and operation of passenger motor vehicles, or
police-type motor vehicles for law enforcement
purposes, without regard to general purchase
price limitation for the then-current fiscal year.
‘‘(B) The purchase of insurance for motor
vehicles, boats, and aircraft operated in official
Government business in foreign countries.
‘‘(C) Services of experts and consultants,
including private counsel, as authorized by sec-
tion 3109 of title 5, and at rates of pay for in-
dividuals not to exceed the maximum daily rate
payable from time to time under section 5332
of title 5.
‘‘(D) Official reception and representation
expenses (i.e., official expenses of a social na-
ture intended in whole or in predominant part
to promote goodwill toward the Department or
its missions, but excluding expenses of public
tours of facilities of the Department of Justice),
in accordance with distributions and procedures
established, and rules issued, by the Attorney
General, and expenses of public tours of facili-
ties of the Department of Justice.
‘‘(E) Unforeseen emergencies of a con-
fidential character, to be expended under the di-
rection of the Attorney General and accounted
for solely on the certificate of the Attorney Gen-
eral.
‘‘(F) Miscellaneous and emergency ex-
penses authorized or approved by the Attorney
General, the Deputy Attorney General, the As-
sociate Attorney General, or the Assistant At-
torney General for Administration.
‘‘(G) In accordance with procedures estab-
lished and rules issued by the Attorney
General—
‘‘(i) attendance at meetings and semi-
nars;
‘‘(ii) conferences and training; and
‘‘(iii) advances of public moneys under
section 3324 of title 31: Provided, That
travel advances of such moneys to law en-
forcement personnel engaged in undercover
activity shall be considered to be public
money for purposes of section 3527 of title
31.
‘‘(H) Contracting with individuals for per-
sonal services abroad, except that such individ-
uals shall not be regarded as employees of the
United States for the purpose of any law ad-
ministered by the Office of Personnel Manage-
ment.
‘‘(I) Payment of interpreters and trans-
lators who are not citizens of the United States,
in accordance with procedures established and
rules issued by the Attorney General.
‘‘(J) Expenses or allowances for uniforms
as authorized by section 5901 of title 5, but
without regard to the general purchase price
limitation for the then-current fiscal year.
‘‘(K) Expenses of—
‘‘(i) primary and secondary schooling
for dependents of personnel stationed out-
side the continental United States at cost
not in excess of those authorized by the
Department of Defense for the same area,
when it is determined by the Attorney
General that schools available in the local-
ity are unable to provide adequately for the
education of such dependents; and
‘‘(ii) transportation of those depend-
ents between their place of residence and
schools serving the area which those de-
pendents would normally attend when the
Attorney General, under such regulations
as he may prescribe, determines that such
schools are not accessible by public means
of transportation.
‘‘(3) SPECIFIC PERMITTED USES.—
‘‘(A) AIRCRAFT AND BOATS.—Funds avail-
able to the Attorney General for United States
Attorneys, for the Federal Bureau of Investiga-
tion, for the United States Marshals Service,
for the Drug Enforcement Administration, and
for the Immigration and Naturalization Service
may be used for the purchase, lease, mainte-
nance, and operation of aircraft and boats, for
law enforcement purposes.
‘‘(B) PURCHASE
OF
AMMUNITION
AND
FIREARMS; FIREARMS
COMPETITIONS.—Funds
available to the Attorney General for United
States Attorneys, for the Federal Bureau of In-
vestigation, for the United States Marshals
Service, for the Drug Enforcement Administra-
tion, for the Federal Prison System, for the Of-
fice of the Inspector General, and for the Immi-
gration and Naturalization Service may be used
for—
‘‘(i) the purchase of ammunition and
firearms; and
‘‘(ii) participation in firearms com-
petitions.
‘‘(C) CONSTRUCTION.—Funds available to
the Attorney General for construction may be
used for expenses of planning, designing, ac-
quiring, building, constructing, activating, ren-
ovating, converting, expanding, extending, re-
modeling, equipping, repairing, or maintaining
buildings or facilities, including the expenses of
acquisition of sites therefor, and all necessary
expenses incident or related thereto; but the
foregoing shall not be construed to mean that
funds generally available for salaries and ex-
penses are not also available for certain inci-
dental or minor construction, activation, remod-
eling, maintenance, and other related construc-
tion costs.
‘‘(4) FEES AND EXPENSES OF WITNESSES.—
Funds available to the Attorney General for fees and
expenses of witnesses may be used for—
‘‘(A) expenses, mileage, compensation, and
per diem in lieu of subsistence, of witnesses (in-
cluding advances of public money) as author-
ized by section 1821 or other law, except that
no witness may be paid more than 1 attendance
fee for any 1 calendar day;
‘‘(B) fees and expenses of neutrals in alter-
native dispute resolution proceedings, where the
Department of Justice is a party; and
‘‘(C) construction of protected witness
safesites.
‘‘(5) FEDERAL BUREAU OF INVESTIGATION.—
Funds available to the Attorney General for the
Federal Bureau of Investigation for the detection,
investigation, and prosecution of crimes against the
United States may be used for the conduct of all its
authorized activities.
‘‘(6) 
IMMIGRATION
AND
NATURALIZATION
SERVICE.—Funds available to the Attorney General
for the Immigration and Naturalization Service may
be used for—
‘‘(A) acquisition of land as sites for en-
forcement fences, and construction incident to
such fences;
‘‘(B) cash advances to aliens for meals and
lodging en route;
‘‘(C) refunds of maintenance bills, immi-
gration fines, and other items properly return-
able, except deposits of aliens who become pub-
lic charges and deposits to secure payment of
fines and passage money; and
‘‘(D) expenses and allowances incurred in
tracking lost persons, as required by public ex-
igencies, in aid of State or local law enforce-
ment agencies.
‘‘(7) FEDERAL PRISON SYSTEM.—Funds avail-
able to the Attorney General for the Federal Prison
System may be used for—
‘‘(A) inmate medical services and inmate
legal services, within the Federal prison system;
‘‘(B) the purchase and exchange of farm
products and livestock;
‘‘(C) the acquisition of land as provided in
section 4010 of title 18; and
‘‘(D) the construction of buildings and fa-
cilities for penal and correctional institutions
(including prison camps), by contract or force
account, including the payment of United
States prisoners for their work performed in
any such construction.
‘‘(8) DETENTION
TRUSTEE.—Funds available
to the Attorney General for the Detention Trustee
may be used for all the activities of such Trustee in
the exercise of all power and functions authorized by
law relating to the detention of Federal prisoners in
non-Federal institutions or otherwise in the custody
of the United States Marshals Service and to the de-
tention of aliens in the custody of the Immigration
and Naturalization Service, including the overseeing
of construction of detention facilities or for housing
related to such detention, the management of funds
appropriated to the Department for the exercise of
detention functions, and the direction of the United
States Marshals Service and Immigration Service
with respect to the exercise of detention policy set-
ting and operations for the Department of Justice.
‘‘(c) RELATED PROVISIONS.—
‘‘(1) LIMITATION OF COMPENSATION OF INDI-
VIDUALS
EMPLOYED
AS
ATTORNEYS.—No funds
available to the Attorney General may be used to
pay compensation for services provided by an indi-
vidual employed as an attorney (other than an indi-
vidual employed to provide services as a foreign at-
torney in special cases) unless such individual is duly
licensed and authorized to practice as an attorney
under the law of a State, a territory of the United
States, or the District of Columbia.
‘‘(2) REIMBURSEMENTS
PAID
TO
GOVERN-
MENTAL ENTITIES.—Funds available to the Attor-
ney General that are paid as reimbursement to a
governmental unit of the Department of Justice, to
another Federal entity, or to a unit of State or local
government, may be used under authorities available
to the unit or entity receiving such reimbursement.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions of chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
‘‘530C. Authority to use available funds.’’.
SEC. 202. PERMANENT AUTHORITY RELATING TO EN-
FORCEMENT OF LAWS.
(a) IN GENERAL.—Chapter 31 of title 28, United
States Code (as amended by section 301), is amended by
adding at the end the following:
‘‘§ 530D. Report on enforcement of laws
‘‘(a) REPORT.—
‘‘(1) IN GENERAL.—The Attorney General shall
submit to the Congress a report of any instance in
which the Attorney General or any officer of the De-
partment of Justice—
‘‘(A) establishes or implements a formal or
informal policy to refrain—
‘‘(i) from enforcing, applying, or ad-
ministering any provision of any Federal
statute, rule, regulation, program, policy,
or other law whose enforcement, applica-
tion, or administration is within the re-
sponsibility of the Attorney General or
such officer on the grounds that such pro-
vision is unconstitutional; or
‘‘(ii) within any judicial jurisdiction of
or within the United States, from adhering
to, enforcing, applying, or complying with,
any standing rule of decision (binding
upon courts of, or inferior to those of, that
jurisdiction) established by a final decision
of any court of, or superior to those of,
that jurisdiction, respecting the interpreta-
tion, construction, or application of the
Constitution or of any statute, rule, regula-
tion, program, policy, or other law whose
enforcement, application, or administration
is within the responsibility of the Attorney
General or such officer;
‘‘(B) determines—
‘‘(i) to contest affirmatively, in any
judicial, administrative, or other pro-
ceeding, the constitutionality of any provi-
sion of any Federal statute, rule, regula-
tion, program, policy, or other law; or
‘‘(ii) to refrain from defending or as-
serting, in any judicial, administrative, or
other proceeding, the constitutionality of
any provision of any Federal statute, rule,
regulation, program, policy, or other law,
or not to appeal or request review of any
judicial, administrative, or other deter-
mination adversely affecting the constitu-
tionality of any such provision; or
‘‘(C) approves (other than in circumstances
in which a report is submitted to the Joint
Committee on Taxation, pursuant to section
6405 of the Internal Revenue Code of 1986)
the settlement or compromise (other than in
bankruptcy) of any claim, suit, or other
action—
‘‘(i) against the United States (includ-
ing any agency or instrumentality thereof)
for a sum that exceeds, or is likely to ex-
ceed, $2,000,000; or
‘‘(ii) by the United States including
any agency or instrumentality thereof)
pursuant to an agreement, consent decree,
or order that provides injunctive or other
nonmonetary relief that exceeds, or is like-
ly to exceed, 3 years in duration.
‘‘(2) SUBMISSION
OF
REPORT
TO
THE
CON-
GRESS.—For the purposes of paragraph (1), a re-
port shall be considered to be submitted to the Con-
gress if the report is submitted to—
‘‘(A) the majority leader and minority
leader of the Senate;
‘‘(B) the Speaker, majority leader, and mi-
nority leader of the House of Representatives;
‘‘(C) the chairman and ranking minority
member of the Committee on the Judiciary of
the House of Representatives and the chairman
and ranking minority member of the Committee
on the Judiciary of the Senate; and
‘‘(D) the Senate Legal Counsel and the
General Counsel of the House of Representa-
tives.
‘‘(b) DEADLINE.—A report shall be submitted—
‘‘(1) under subsection (a)(1)(A), not later than
30 days after the establishment or implementation
of each policy;
‘‘(2) under subsection (a)(1)(B), within such
time as will reasonably enable the House of Rep-
resentatives and the Senate to take action, sepa-
rately or jointly, to intervene in timely fashion in the
proceeding, but in no event later than 30 days after
the making of each determination; and
‘‘(3) under subsection (a)(1)(C), not later than
30 days after the conclusion of each fiscal-year quar-
ter, with respect to all approvals occurring in such
quarter.
‘‘(c) CONTENTS.—A report required by subsection (a)
shall—
‘‘(1) specify the date of the establishment or
implementation of the policy described in subsection
(a)(1)(A), of the making of the determination de-
scribed in subsection (a)(1)(B), or of each approval
described in subsection (a)(1)(C);
‘‘(2) include a complete and detailed statement
of the relevant issues and background (including a
complete and detailed statement of the reasons for
the policy or determination, and the identity of the
officer responsible for establishing or implementing
such policy, making such determination, or approv-
ing such settlement or compromise), except that—
‘‘(A) such details may be omitted as may
be absolutely necessary to prevent improper dis-
closure of national-security- or classified infor-
mation, or of any information subject to the de-
liberative-process-, executive-, attorney-work-
product-, or attorney-client privileges, if the fact
of each such omission (and the precise ground
or grounds therefor) is clearly noted in the
statement: provided, That this subparagraph
shall not be construed to deny to the Congress
(including any House, Committee, or agency
thereof) any such omitted details (or related in-
formation) that it lawfully may seek, subse-
quent to the submission of the report; and
‘‘(B) the requirements of this paragraph
shall be deemed satisfied—
‘‘(i) in the case of an approval de-
scribed in subsection (a)(1)(C)(i), if an
unredacted copy of the entire settlement
agreement and consent decree or order (if
any) is provided, along with a statement
indicating the legal and factual basis or
bases for the settlement or compromise (if
not apparent on the face of documents pro-
vided); and
‘‘(ii) in the case of an approval de-
scribed in subsection (a)(1)(C)(ii), if an
unredacted copy of the entire settlement
agreement and consent decree or order (if
any) is provided, along with a statement
indicating the injunctive or other nonmone-
tary relief (if not apparent on the face of
documents provided); and
‘‘(3) in the case of a determination described in
subsection (a)(1)(B) or an approval described in
subsection (a)(1)(C), indicate the nature, tribunal,
identifying information, and status of the pro-
ceeding, suit, or action.
‘‘(d) DECLARATION.—In the case of a determination
described in subsection (a)(1)(B), the representative of the
United States participating in the proceeding shall make
a clear declaration in the proceeding that any position ex-
pressed as to the constitutionality of the provision involved
is the position of the executive branch of the Federal Gov-
ernment (or, as applicable, of the President or of any exec-
utive agency or military department).
‘‘(e) APPLICABILITY TO THE PRESIDENT AND TO EX-
ECUTIVE AGENCIES AND MILITARY DEPARTMENTS.—The
reporting, declaration, and other provisions of this section
relating to the Attorney General and other officers of the
Department of Justice shall apply to the President, to the
head of each executive agency or military department (as
defined, respectively, in sections 105 and 102 of title 5,
United States Code) that establishes or implements a pol-
icy described in subsection (a)(1)(A) or is authorized to
conduct litigation, and to the officers of such executive
agency.’’.
(b) CONFORMING AMENDMENTS.—
(1) The table of sections for chapter 31 of title
28, United States Code (as amended by section
301), is amended by adding at the end the following:
‘‘530D. Report on enforcement of laws.’’.
(2) Public Law 95–521 (92 Stat. 1883) is
amended by striking subsection (b).
(3) Not later than 30 days after the date of the
enactment of this Act, the President shall advise the
head of each executive agency or military depart-
ment (as defined, respectively, in sections 105 and
102 of title 5, United States Code) of the enactment
of this section.
(4)(A) Not later than 90 days after the date of
the enactment of this Act, the Attorney General
(and, as applicable, the President and the head of
any executive agency or military department de-
scribed in subsection (e) of section 530D of title 28,
United States Code, as added by subsection (a))
shall submit to Congress a report (in accordance
with subsections (a), (c), and (e) of such section)
on—
(i) all policies described in subsection
(a)(1)(A) of such section that were established
or implemented before the date of the enact-
ment of this Act and were in effect on such
date;
(ii) all determinations described in sub-
section (a)(1)(B)(C) of such section that were
made before the date of the enactment of this
Act and were in effect on such date; and
(iii) all approvals described in subsection
(a)(1)(B)(C) of such section that were made be-
tween October 1, 1996, and the date of the en-
actment of this Act.
(B) If a determination described in subpara-
graph (A)(ii) relates to any judicial, administrative,
or other proceeding that is pending in the 90-day
period beginning on the date of the enactment of
this Act, with respect to any such determination,
then the report required by this paragraph shall be
submitted within such time as will reasonably enable
the House of Representatives and the Senate to take
action, separately or jointly, to intervene in timely
fashion in the proceeding, but not later than 30 days
after the date of the enactment of this Act.
SEC. 203. NOTIFICATIONS AND REPORTS TO BE PROVIDED
SIMULTANEOUSLY TO COMMITTEES.
If the Attorney General or any officer of the Depart-
ment of Justice (including any bureau, office, board, divi-
sion, commission, subdivision, unit, or other component
thereof) is required by any Act (which shall be understood
to include any request or direction contained in any report
of a committee of the Congress relating to an appropria-
tions Act or in any statement of managers accompanying
any conference report agreed to by the Congress) to pro-
vide a notice or report to any committee or subcommittee
of the Congress (other than both the Committee on the
Judiciary of the House of Representatives and the Com-
mittee on the Judiciary of the Senate), then such Act shall
be deemed to require that a copy of such notice or report
be provided simultaneously to the Committee on the Judi-
ciary of the House of Representatives and the Committee
on the Judiciary of the Senate.
SEC. 204. MISCELLANEOUS USES OF FUNDS; TECHNICAL
AMENDMENTS.
(a) BUREAU OF JUSTICE ASSISTANCE GRANT PRO-
GRAMS.—Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended—
(1) in section 504(a) by striking ‘‘502’’ and in-
serting ‘‘501(b)’’;
(2) in section 506(a)(1) by striking ‘‘partici-
pating’’;
(3) in section 510—
(A) in subsection (a)(3) by striking ‘‘502’’
inserting‘‘501(b)’’; and
(B) by adding at the end the following:
‘‘(d) No grants or contracts under subsection (b) may
be made, entered into, or used, directly or indirectly, to
provide any security enhancements or any equipment to
any non-governmental entity.’’; and
(4) in section 511 by striking ‘‘503’’ inserting
‘‘501(b)’’.
(b) ATTORNEYS SPECIALLY RETAINED BY THE AT-
TORNEY GENERAL.—The 3d sentence of section 515(b) of
title 28, United States Code, is amended by striking ‘‘at
not more than $12,000’’.
SEC. 205. TECHNICAL AMENDMENT; AUTHORITY TO TRANS-
FER PROPERTY OF MARGINAL VALUE.
Section 524(c) of title 28, United States Code, is
amended—
(1) in paragraph (5) by inserting a comma
after ‘‘Fund’’ the 2d place it appears; and
(2) in paragraph (9)(B)—
(A) by striking ‘‘year 1997’’ and inserting
‘‘years 1999 and 2000’’; and
(B) by adding at the end the following:
‘‘Such transfer shall be subject to satisfaction by the re-
cipient involved of any outstanding lien against the prop-
erty transferred.’’.
SEC. 206. PROTECTION OF THE ATTORNEY GENERAL.
Section 533(2) of title 28, United States Code, is
amended by inserting ‘‘or the person of the Attorney Gen-
eral’’ after ‘‘President’’.
SEC. 207. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY
ATTORNEY GENERAL.
Section 535 of title 28, United States Code, is
amended in subsections (a) and (b), by replacing ‘‘title
18’’ with ‘‘Federal criminal law’’, and in subsection (b),
by replacing ‘‘or complaint’’ with ‘‘matter, or complaint
witnessed, discovered, or’’, and by inserting ‘‘or the wit-
ness, discoverer, or recipient, as appropriate,’’ after
‘‘agency,’’.
SEC. 208. COUNTERTERRORISM FUND.
(a) ESTABLISHMENT; AVAILABILITY.—There is here-
by established in the Treasury of the United States a sepa-
rate fund to be known as the ‘‘Counterterrorism Fund’’,
amounts in which shall remain available without fiscal
year limitation—
(1) to reimburse any Department of Justice
component for any costs incurred in connection
with—
(A) reestablishing the operational capa-
bility of an office or facility that has been dam-
aged or destroyed as the result of any domestic
or international terrorism incident;
(B) providing support to counter, inves-
tigate, or prosecute domestic or international
terrorism, including, without limitation, paying
rewards in connection with these activities; and
(C) conducting terrorism threat assess-
ments of Federal agencies and their facilities;
and
(2) to reimburse any department or agency of
the Federal Government for any costs incurred in
connection with detaining in foreign countries indi-
viduals accused of acts of terrorism that violate the
laws of the United States.
(b) NO EFFECT ON PRIOR APPROPRIATIONS.—The
amendment made by subsection (a) shall not affect the
amount or availability of any appropriation to the
Counterterrorism Fund made before the date of enact-
ment of this Act.
TITLE III—MISCELLANEOUS
SEC. 301. REPEALERS.
(a) OPEN-ENDED AUTHORIZATION OF APPROPRIA-
TIONS FOR NATIONAL INSTITUTE OF CORRECTIONS.—
Chapter 319 of title 18, United States Code, is amended—
(1) by striking section 4353; and
(2) in the analysis for such chapter by striking
the item relating to section 4353.
(b) OPEN-ENDED AUTHORIZATION OF APPROPRIA-
TIONS FOR UNITED STATES MARSHALS SERVICE.—Sec-
tion 561 of title 28, United States Code, is amended by
striking subsection (i).
(c) REPEAL OF VIOLENT CRIME REDUCTION TRUST
FUND.—
(1) REPEALER.—Section 310001 of Public Law
103–322 is repealed.
(2) CONFORMING AMENDMENTS.—
(A) TITLE
OF
THE
UNITED
STATES
CODE.—Title 31 of the United States Code is
amended—
(i) in section 1321(a) by striking
paragraph (91), and
(ii) in section 1105(a) by striking
paragraph (30).
(B) AVAILABILITY OF FUNDS.—(i) Section
210603 of the Violent Crime Control and Law
Enforcement Act of 1994 (18 U.S.C. 922 note)
is amended by striking subsection (a)
(ii) Section 13(a) of Public Law 91–383
(16 U.S.C. 1a–7a(a)) is amended by striking
‘‘out of the Violent Crime Reduction Trust
Fund,’’.
(iii) Section 6(h)(1) of the Land and
Water Conservation Fund Act of 1965 (16
U.S.C. 460l–8(h)(1)) is amended by striking ‘‘,
and from amounts appropriated out of the Vio-
lent Crime Reduction Trust Fund,’’.
(iv) Section 240(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)) is
amended by striking ‘‘of which’’ and all that
follows through ‘‘2000’’.
(v) 
Sections 
808 
and 
823 
of 
the
Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104–132; 110 Stat. 1310,
1317) are repealed.
(vi) The Drug-Free Prisons and Jails Act
of 1998 (42 U.S.C. 3751 note) is amended by
striking section 118.
(vii) Section 401(e) of the Electronic Espi-
onage Act of 1993 (42 U.S.C. 13751(e)) is
amended by striking paragraph (2).
SEC. 302. TECHNICAL AMENDMENTS TO TITLE 18 OF THE
UNITED STATES CODE.
Title 18 of the United States Code is amended—
(1) in section 4041 by striking ‘‘at a salary of
$10,000 a year’’;
(2) in section 4013—
(A) in subsection (a)—
(i) by replacing ‘‘the support of
United States prisoners’’ with ‘‘Federal
prisoner detention’’;
(ii) in paragraph (2) by adding ‘‘and’’
after ‘‘hire;’’;
(iii) in paragraph (3) by replacing
‘‘entities; and’’ with ‘‘entities.’’; and
(iv) in paragraph (4) by inserting
‘‘The Attorney General, in support of Fed-
eral prisoner detainees in non-Federal in-
stitutions, is authorized to make payments,
from funds appropriated for State and
local law enforcement assistance, for’’ be-
fore ‘‘entering’’; and
(B) by redesignating—
(i) subsection (b) as subsection (c);
and
(ii) paragraph (a)(4) as subsection
(b), and subparagraphs (A), (B), and (C),
of such paragraph (a)(4) as paragraphs
(1), (2), and (3) of such subsection (b);
and
(3) in section 209(a)—
(A) by striking ‘‘or makes’’ and inserting
‘‘makes’’; and
(B) by striking ‘‘supplements the salary of,
any’’ and inserting ‘‘supplements, the salary of
any’’.
SEC. 303. REQUIRED SUBMISSION OF PROPOSED AUTHOR-
IZATION OF APPROPRIATIONS FOR THE DE-
PARTMENT OF JUSTICE FOR FISCAL YEAR
2003.
When the President submits to the Congress the
budget of the United States Government for fiscal year
2003, the President shall simultaneously submit to the
Committee on the Judiciary of the House of Representa-
tives and the Committee on the Judiciary of the Senate
proposed legislation authorizing appropriations for the De-
partment of Justice for fiscal year 2003.
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