IIA
107TH CONGRESS
1ST SESSION
H. R. 2215
IN THE SENATE OF THE UNITED STATES
JULY 24, 2001
Received; read twice and referred to the Committee on the Judiciary
AN ACT
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,
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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 and miscellaneous amendments to Department of Justice
authorities; authority to transfer property of marginal value;
recordkeeping; protection of the Attorney General.
Sec. 206. Oversight; waste, fraud, and abuse of appropriations.
Sec. 207. Enforcement of Federal criminal laws by Attorney General.
Sec. 208. Counterterrorism fund.
TITLE III—MISCELLANEOUS
Sec. 301. Repealers.
Sec. 302. Technical amendments to title 18 of the United States Code.
Sec. 303. Required submission of proposed authorization of appropriations for
the Department of Justice for fiscal year 2003.
Sec. 304. Review of the Department of Justice.
Sec. 305. Study of untested rape examination kits.
Sec. 306. Report on DCS1000 (‘‘Carnivore’’).
Sec. 307. Study of allocation of litigating attorneys.
TITLE IV—VIOLENCE AGAINST WOMEN
Sec. 401. Short title.
Sec. 402. Establishment of Violence Against Women Office.
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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—
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(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.
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(9) FEDERAL PRISON SYSTEM.—For the Fed-
eral Prison System, including the National Institute
of Corrections: $4,662,710,000.
(10) FEDERAL
PRISONER
DETENTION.—For
the support of United States prisoners in non-Fed-
eral institutions, as authorized by section 4013(a) of
title 18 of the United States Code: $724,682,000, to
remain available until expended.
(11) DRUG ENFORCEMENT ADMINISTRATION.—
For 
the 
Drug 
Enforcement 
Administration:
$1,480,929,000, which shall include not to exceed
$70,000 to meet unforeseen emergencies of a 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 and benefits
(i.e., programs not included under subpara-
graph (A));
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(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.
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(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.
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(24) OFFICE OF JUSTICE PROGRAMS.—For ad-
ministrative expenses not otherwise provided for, of
the Office of Justice Programs: $116,369,000.
SEC. 
102. 
APPOINTMENT 
OF 
ADDITIONAL 
ASSISTANT
UNITED STATES ATTORNEYS; REDUCTION OF
CERTAIN LITIGATION POSITIONS.
(a) APPOINTMENTS.—Not later than September 30,
2003, the Attorney General shall exercise authority under
section 542 of title 28, United States Code, to appoint
200 assistant United States attorneys in addition to the
number of assistant United States attorneys serving on
the date of the enactment of this Act.
(b) SELECTION OF APPOINTEES.—Individuals first
appointed under subsection (a) may be appointed from
among attorneys who are incumbents of 200 full-time 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 to carry out this section.
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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
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‘‘(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
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‘‘(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—
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‘‘(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.
‘‘(2) 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-
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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
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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.
‘‘(3) FEES AND EXPENSES OF WITNESSES.—
Funds available to the Attorney General for fees and
expenses of witnesses may be used for—
‘‘(A) expenses, mileage, compensation, pro-
tection, and per diem in lieu of subsistence, of
witnesses (including advances of public money)
and as authorized by section 1821 or other law,
except that no witness may be paid more than
1 attendance fee for any 1 calendar day;
‘‘(B) fees and expenses of neutrals in alter-
native dispute resolution proceedings, where the
Department of Justice is a party; and
‘‘(C) construction of protected witness
safesites.
‘‘(4) FEDERAL BUREAU OF INVESTIGATION.—
Funds available to the Attorney General for the
Federal Bureau of Investigation for the detection,
investigation, and prosecution of crimes against the
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United States may be used for the conduct of all its
authorized activities.
‘‘(5) 
IMMIGRATION
AND
NATURALIZATION
SERVICE.—Funds available to the Attorney General
for the Immigration and Naturalization Service may
be used for—
‘‘(A) acquisition of land as sites for 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.
‘‘(6) 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;
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‘‘(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;
except that no funds may be used to distribute or
make available to a prisoner any commercially pub-
lished information or material that is sexually ex-
plicit or features nudity.
‘‘(7) DETENTION
TRUSTEE.—Funds available
to the Attorney General for the Detention Trustee
may be used for all the activities of such Trustee in
the exercise of all power and functions authorized by
law relating to the detention of Federal prisoners in
non-Federal institutions or otherwise in the custody
of the United States Marshals Service and to the 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
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appropriated to the Department for the exercise of
detention functions, and the direction of the United
States Marshals Service and the Immigration and
Naturalization Service with respect to the exercise of
detention policy setting and operations for the De-
partment 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.’’.
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(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 201), 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
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‘‘(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,
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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 (or pursuant to any modification
of an agreement, consent decree, or order)
that provides injunctive or other nonmone-
tary relief that exceeds, or is likely to ex-
ceed, 3 years in duration.
‘‘(2) SUBMISSION
OF
REPORT
TO
THE
CON-
GRESS.—For the purposes of paragraph (1), a re-
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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