II
Calendar No. 206
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
OCTOBER 30, 2001
Reported by Mr. LEAHY, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
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,
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.
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)
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));
(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.
(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.
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-
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.
‘‘(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
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;
‘‘(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
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.’’.
(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
‘‘(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 (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-
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 and
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
policy 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
201), is amended by adding at the end the following:
‘‘530D. Report on enforcement of laws.’’.
(2) Section 712 of 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; and
(ii) all determinations described in sub-
section (a)(1)(B) of such section that were
made before the date of the enactment of this
Act and were in effect on such date.
(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 that is not engaged in law
enforcement or law enforcement support, criminal or juve-
nile justice, or delinquency prevention.’’; 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 AND MISCELLANEOUS AMENDMENTS
TO DEPARTMENT OF JUSTICE AUTHORITIES;
AUTHORITY
TO
TRANSFER
PROPERTY
OF
MARGINAL
VALUE;
RECORDKEEPING;
PRO-
TECTION OF THE ATTORNEY GENERAL.
(a) Section 524 of title 28, United States Code, is
amended—
(1) in subsection (a) by inserting ‘‘to the Attor-
ney General’’ after ‘‘available’’;
(2) in paragraph (c)(1)—
(A) by striking the semicolon at the end of
the 1st subparagraph (I) and inserting a pe-
riod;
(B) by striking the 2d subparagraph (I);
(C) by striking ‘‘(A)(iv), (B), (F), (G), and
(H)’’ in the 1st sentence following the 2d sub-
paragraph (I) and inserting ‘‘(B), (F), and
(G),’’; and
(D) by striking ‘‘fund’’ in the 3d sentence
following the 2d subparagraph (I) and inserting
‘‘Fund’’;
(3) in paragraph (c)(2)—
(A) by striking ‘‘for information’’ each
place it appears; and
(B) by striking ‘‘$250,000’’ the 2d and 3d
places it appears and inserting ‘‘$500,000’’;
(4) in paragraph (c)(3) by striking ‘‘(F)’’ and
inserting ‘‘(G)’’;
(5) in paragraph (c)(5) by striking ‘‘Fund
which’’ and inserting ‘‘Fund, that’’;
(6) in subsection (c)(8)(A) by striking ‘‘(A)(iv),
(B), (F), (G), and (H)’’ and inserting ‘‘(B), (F),
and (G),’’; and
(7) in subsection (c)(9)(B)—
(A) by striking ‘‘year 1997’’ and inserting
‘‘years 2002 and 2003’’; and
(B) by striking ‘‘Such transfer shall not’’
and inserting ‘‘Each such transfer shall be sub-
ject to satisfaction by the recipient involved of
any outstanding lien against the property trans-
ferred, but no such transfer shall’’.
(b) Section 522 of title 28, United States Code, is
amended by inserting ‘‘(a)’’ before ‘‘The’’, and by insert-
ing at the end the following:
‘‘(b) With respect to any data, records, or other infor-
mation acquired, collected, classified, preserved, or pub-
lished by the Attorney General for any statistical, re-
search, or other aggregate reporting purpose beginning
not later than 1 year after the date of enactment of 21st
Century Department of Justice Appropriations Authoriza-
tion Act and continuing thereafter, and notwithstanding
any other provision of law, the same criteria shall be used
(and shall be required to be used, as applicable) to classify
or categorize offenders and victims (in the criminal con-
text), and to classify or categorize actors and acted upon
(in the noncriminal context).’’.
(c) Section 534(a)(3) of title 28, United States Code,
is amended by adding ‘‘and’’ after the semicolon.
(d) Section 509(3) of title 28, United States Code,
is amended by striking the 2d period.
(e) Section 533(2) of title 28, United States Code,
is amended by inserting ‘‘or the person of the Attorney
General’’ after ‘‘President’’.
SEC. 206. OVERSIGHT; WASTE, FRAUD, AND ABUSE OF AP-
PROPRIATIONS.
(a) Section 529 of title 28, United States Code, is
amended by inserting ‘‘(a)’’ before ‘‘Beginning’’, and by
adding at the end the following:
‘‘(b) Notwithstanding any provision of law limiting
the amount of management or administrative expenses,
the Attorney General shall, not later than May 2, 2003,
and of every year thereafter, prepare and provide to the
Committees on the Judiciary and Appropriations of each
House of the Congress using funds available for the under-
lying programs—
‘‘(1) a report identifying and describing every
grant, cooperative agreement, or programmatic serv-
ices contract that was made, entered into, awarded,
or extended, in the immediately preceding fiscal
year, by or on behalf of the Office of Justice Pro-
grams (including any component or unit thereof, and
the Office of Community Oriented Policing Serv-
ices), and including, without limitation, for each
such grant, cooperative agreement, or contract: the
term, the dollar amount or value, a complete and de-
tailed description of its specific purpose or purposes,
the names of all parties, the names of each unsuc-
cessful applicant or bidder (and a complete and de-
tailed description of the specific purpose or purposes
proposed of the application or bid), except that such
description may be summary with respect to each
application or bid having a total value of less than
$350,000; and
‘‘(2) a report identifying and reviewing every
grant, cooperative agreement, or programmatic serv-
ices contract made, entered into, awarded, or ex-
tended after October 1, 2002, by or on behalf of the
Office of Justice Programs (including any compo-
nent or unit thereof, and the Office of Community
Oriented Policing Services) that was closed out or
that otherwise ended in the immediately preceding
fiscal year (or even if not yet closed out, was termi-
nated or otherwise ended in the fiscal year that
ended 2 years before the end of such immediately
preceding fiscal year), and including, without limita-
tion, for each such grant, cooperative agreement, or
contract: a complete and detailed description of how
the appropriated funds involved actually were spent,
complete and detailed statistics relating to its per-
formance, its specific purpose or purposes, and its
effectiveness, and a written declaration by each non-
Federal grantee and each non-Federal party to such
agreement or to such contract, that—
‘‘(A) the appropriated funds were spent for
such purpose or purposes, and only such pur-
pose or purposes;
‘‘(B) the terms of the grant, cooperative
agreement, or contract were complied with; and
‘‘(C) all documentation necessary for con-
ducting a full and proper audit under generally
accepted accounting principles, and any (addi-
tional) documentation that may have been re-
quired under the grant, cooperative agreement,
or contract, have been kept in orderly fashion
and will be preserved for not less than 3 years
from the date of such close out, termination, or
end;
except that the requirement of this paragraph shall
be deemed satisfied with respect to any such descrip-
tion, statistics, or declaration if such non-Federal
grantee or such non-Federal party shall have failed
to provide the same to the Attorney General, and
the Attorney General notes the fact of such failure
and the name of such grantee or such party in the
report.’’.
(b) Section 1913 of title 18, United States Code, is
amended by striking ‘‘to favor’’ and inserting ‘‘a jurisdic-
tion, or an official of any government, to favor, adopt,’’,
by inserting ‘‘, law, ratification, policy,’’ after ‘‘legislation’’
every place it appears, by striking ‘‘by Congress’’ the 2d
place it appears, by inserting ‘‘or such official’’ before ‘‘,
through the proper’’, by inserting ‘‘, measure,’’ before ‘‘or
resolution’’, by striking ‘‘Members of Congress on the re-
quest of any Member’’ and inserting ‘‘any such Member
or official, at his request,’’, by striking ‘‘for legislation’’
and inserting ‘‘for any legislation’’, and by moving ‘‘,
being an officer or employee of the United States or of
any department or agency thereof,’’ to immediately after
‘‘; and’’.
(c) Section 1516(a) of title 18, United States Code,
is amended by inserting ‘‘, entity, or program’’ after ‘‘per-
son’’, and by inserting ‘‘grant, or cooperative agreement,’’
after ‘‘subcontract,’’.
(d) Section 112 of title I of section 101(b) of division
A of Public Law 105–277 (112 Stat. 2681–67) is amend-
ed by striking ‘‘fiscal year’’ and all that follows through
‘‘Justice—’’, and inserting ‘‘any fiscal year the Attorney
General—’’.
(e) Section 2320(f) of title 18, United States Code,
is amended—
(1) by striking ‘‘title 18’’ each place it appears
and inserting ‘‘this title’’; and
(2) by redesignating paragraphs (1) through
(4) as subparagraphs (A) through (D), respectively;
(3) by inserting ‘‘(1)’’ after ‘‘(f)’’; and
(4) by adding at the end the following:
‘‘(2) The report under paragraph (1), with respect
to criminal infringement of copyright, shall include the fol-
lowing:
‘‘(A) The number of infringement cases involv-
ing specific types of works, such as audiovisual
works, sound recordings, business software, video
games, books, and other types of works.
‘‘(B) The number of infringement cases involv-
ing an online element.
‘‘(C) The number and dollar amounts of fines
assessed in specific categories of dollar amounts,
such as up to $500, from $500 to $1,000, from
$1,000 to $5,000, from $5,000 to $10,000, and cat-
egories above $10,000.
‘‘(D) The amount of restitution awarded.
‘‘(E)
Whether
the
sentences
imposed
were
served.’’.
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
by striking 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 241(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 Economic Espi-
onage Act of 1996 (42 U.S.C. 13751 note) 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) subsections (b) and (c) as sub-
sections (c) and (d); 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
such proposed legislation authorizing appropriations for
the Department of Justice for fiscal year 2003 as the
President may judge necessary and expedient.
SEC. 304. REVIEW OF THE DEPARTMENT OF JUSTICE.
(a) APPOINTMENT OF DEPUTY INSPECTOR GENERAL
FOR THE FEDERAL BUREAU OF INVESTIGATION.—The
Inspector General of the Department of Justice shall ap-
point a Deputy Inspector General for the Federal Bureau
of Investigation who shall be responsible for supervising
independent oversight of programs and operations of the
Federal Bureau of Investigation until September 30,
2004.
(b) INSPECTOR GENERAL OVERSIGHT PLAN
FOR
THE FEDERAL BUREAU OF INVESTIGATION.—Not later
than 30 days after the date of the enactment of this Act,
the Inspector General of the Department of Justice shall
submit to the Congress a plan for oversight of the Federal
Bureau of Investigation. The Inspector General shall con-
sider the following activities for inclusion in such plan:
(1) FINANCIAL SYSTEMS.—Auditing the finan-
cial systems, information technology systems, and
computer security systems of the Federal Bureau of
Investigation.
(2) PROGRAMS AND PROCESSES.—Auditing and
evaluating programs and processes of the Federal
Bureau of Investigation to identify systemic weak-
nesses or implementation failures and to recommend
corrective action.
(3) INTERNAL
AFFAIRS
OFFICES.—Reviewing
the activities of internal affairs offices of the Federal
Bureau of Investigation, including the Inspections
Division and the Office of Professional Responsi-
bility.
(4) PERSONNEL.—Investigating allegations of
serious misconduct by personnel of the Federal Bu-
reau of Investigation.
(5) OTHER PROGRAMS AND OPERATIONS.—Re-
viewing matters relating to any other program or
and operation of the Federal Bureau of Investiga-
tion that the Inspector General determines requires
review.
(6) RESOURCES.—Identifying resources needed
by the Inspector General to implement such plan.
(c) REVIEW OF ATTORNEY GENERAL ORDER.—Not
later than 30 days after the date of the enactment of this
Act, the Attorney General shall—
(1) review Attorney General Order 1931–94
(signed November 8, 1994); and
(2) submit to the Congress a report stating
whether the Attorney General intends to rescind, to
modify, or to take no action affecting such order.
SEC. 305. STUDY OF UNTESTED RAPE EXAMINATION KITS.
The Attorney General shall conduct a study to assess
and report to Congress the number of untested rape exam-
ination kits that currently exist nationwide and shall sub-
mit to the Congress a report containing a summary of the
results of such study. For the purpose of carrying out such
study, the Attorney General shall attempt to collect infor-
mation from all law enforcement jurisdictions in the
United States.
SEC. 306. REPORT ON DCS 1000 (‘‘CARNIVORE’’).
Not later than 30 days after the end of fiscal years
2001 and 2002, the Attorney General and the Director
of the Federal Bureau of Investigation shall provide to the
Judiciary Committees of the House of Representatives and
Senate a report detailing—
(1) the number of times DCS 1000 (or any
similar system or device) was used for surveillance
during the preceding fiscal year;
(2) the Department of Justice official or offi-
cials who approved each use of DCS 1000 (or any
similar system or device);
(3) the criteria used by the Department of Jus-
tice officials to review requests to use DCS 1000 (or
any similar system or device);
(4) a complete description of the process used
to submit, review, and approve requests to use DCS
1000 (or any similar system or device);
(5) the specific statutory authority relied on to
use DCS 1000 (or any similar system or device);
(6) the court that authorized each use of DCS
1000 (or any similar system or device);
(7) the number of orders, warrants, or sub-
poenas applied for, to authorize the use of DCS
1000 (or any similar system or device);
(8) the fact that the order, warrant, or sub-
poena was granted as applied for, was modified, or
was denied;
(9) the offense specified in the order, warrant,
subpoena, or application;
(10) the nature of the facilities from which, or
the place where the contents of, electronic commu-
nications were to be disclosed; and
(11) any information gathered or accessed that
was not authorized by the court to be gathered or
accessed.
SEC. 307. STUDY OF ALLOCATION OF LITIGATING ATTOR-
NEYS.
Not later than 180 days after the date of the enact-
ment of this Act, the Attorney General shall submit a re-
port to the chairman and ranking minority member of the
Committees on the Judiciary of the House of Representa-
tives and Committee on the Judiciary of the Senate, de-
tailing the distribution or allocation of appropriated funds,
attorneys and other personnel, per-attorney workloads,
and number of cases opened and closed, for each Office
of United States Attorney and each division of the Depart-
ment of Justice except the Justice Management Division.
TITLE IV—VIOLENCE AGAINST
WOMEN
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Violence Against
Women Office Act’’.
SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN
OFFICE.
Part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is
amended—
(1) in section 2002(d)(3)—
(A) by striking ‘‘section 2005’’ and insert-
ing ‘‘section 2008’’; and
(B) by striking ‘‘section 2006’’ and insert-
ing ‘‘section 2009’’;
(2) by redesignating sections 2002 through
2006 as sections 2005 through 2009, respectively;
and
(3) by inserting after section 2001 the fol-
lowing:
‘‘SEC.
2002.
ESTABLISHMENT
OF
VIOLENCE
AGAINST
WOMEN OFFICE.
‘‘(a) OFFICE.—There is hereby established within the
Department of Justice, under the general authority of the
Attorney General, a Violence Against Women Office (in
this part referred to as the ‘Office’).
‘‘(b) DIRECTOR.—The Office shall be headed by a Di-
rector (in this part referred to as the ‘Director’), who shall
be appointed by the President, by and with the advice and
consent of the Senate. The Director shall report to the
Attorney General through the Assistant Attorney General,
and shall make reports to the Deputy Attorney General
as the Director deems necessary to fulfill the mission of
the Office. The Director shall have final authority for all
grants, cooperative agreements, and contracts awarded by
the Office. The Director shall not engage in any employ-
ment other than that of serving as the Director, nor shall
the Director hold any office in, or act in any capacity for,
any organization, agency, or institution with which the Of-
fice makes any contract or other arrangement under this
part.
‘‘SEC. 2003. DUTIES AND FUNCTIONS OF DIRECTOR OF VIO-
LENCE AGAINST WOMEN OFFICE.
‘‘(a) IN GENERAL.—The Director shall have the fol-
lowing duties:
‘‘(1) Serving as special counsel to the Attorney
General on the subject of violence against women.
‘‘(2)
Maintaining
liaison
with
the
judicial
branches of the Federal and State Governments on
matters relating to violence against women.
‘‘(3) Providing information to the President,
the Congress, the judiciary, State and local govern-
ments, and the general public on matters relating to
violence against women.
‘‘(4) Serving, at the request of the Attorney
General or Assistant Attorney General, as the rep-
resentative of the Department of Justice on domes-
tic task forces, committees, or commissions address-
ing policy or issues relating to violence against
women.
‘‘(5) Serving, at the request of the President,
acting through the Attorney General, as the rep-
resentative of the United States Government on
human rights and economic justice matters related
to violence against women in international fora, in-
cluding, but not limited to, the United Nations.
‘‘(6) Carrying out the functions of the Depart-
ment of Justice under the Violence Against Women
Act of 1994 (title IV of Public Law 103–322) and
the amendments made by that Act, and other func-
tions of the Department of Justice on matters relat-
ing to violence against women, including with re-
spect to those functions—
‘‘(A) the development of policy, protocols,
and guidelines;
‘‘(B) the development and management of
grant programs and other programs, and the
provision of technical assistance under such
programs; and
‘‘(C) the award and termination of grants,
cooperative agreements, and contracts.
‘‘(7) Providing technical assistance, coordina-
tion, and support to—
‘‘(A) other components of the Department
of Justice, in efforts to develop policy and to
enforce Federal laws relating to violence against
women, including the litigation of civil and
criminal actions relating to enforcing such laws;
‘‘(B) other Federal, State, and tribal agen-
cies, in efforts to develop policy, provide tech-
nical
assistance,
and
improve
coordination
among agencies carrying out efforts to elimi-
nate violence against women, including Indian
or indigenous women; and
‘‘(C) grantees, in efforts to combat violence
against women and to provide support and as-
sistance to victims of such violence.
‘‘(8) Exercising such other powers and func-
tions as may be vested in the Director pursuant to
this part or by delegation of the Attorney General or
Assistant Attorney General.
‘‘(9) Establishing such rules, regulations, guide-
lines, and procedures as are necessary to carry out
any function of the Office.
‘‘SEC. 2004. STAFF OF VIOLENCE AGAINST WOMEN OFFICE.
The Attorney General shall ensure that the Director
has adequate staff to support the Director in carrying out
the Director’s responsibilities under this part.’’.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘21st
Century Department of Justice Appropriations Authoriza-
tion 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; 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 au-
thorities; authority to transfer property of marginal value; rec-
ordkeeping; 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, common-
wealths, 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 serv-
ices 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.
TITLE I—AUTHORIZATION OF AP-
PROPRIATIONS FOR FISCAL
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 Jus-
tice (including any bureau, office, board, division, commis-
sion, subdivision, unit, or other component thereof), the fol-
lowing 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 clem-
ency petitions and for immigration-related activities.
(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 confiden-
tial 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 unforeseen
emergencies of a confidential character.
(5) ANTITRUST DIVISION.—For the Antitrust Di-
vision: $140,973,000.
(6) UNITED
STATES
ATTORNEYS.—For United
States Attorneys: $1,346,289,000, which shall include
not less than $10,000,000 for the investigation and
prosecution of intellectual property crimes, including
software counterfeiting crimes and crimes identified
in the No Electronic Theft (NET) Act (Public Law
105–147): provided, that such amounts in the appro-
priations account ‘‘General Legal Services’’ as may be
expended for such investigations or prosecutions shall
count towards this minimum as though expended
from this appropriations account.
(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 unforeseen
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 ex-
ceed $6,621,000 for construction, to remain available
until expended.
(9) FEDERAL PRISON SYSTEM.—For the Federal
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-Federal in-
stitutions, 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 confiden-
tial character.
(12) IMMIGRATION AND NATURALIZATION SERV-
ICE.—For the Immigration and Naturalization Serv-
ice: $3,516,411,000, which shall include—
(A) not to exceed $2,737,341,000 for salaries
and expenses of enforcement and border affairs
(i.e., the Border Patrol, deportation, intelligence,
investigations, and inspection programs, and the
detention program);
(B) not to exceed $650,660,000 for salaries
and expenses of citizenship and 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 re-
main available until expended, which shall include
for each such fiscal year not to exceed $6,000,000 for
construction of protected witness safesites.
(14) INTERAGENCY CRIME AND DRUG ENFORCE-
MENT.—For Interagency Crime and Drug Enforce-
ment: $338,106,000, for expenses not otherwise pro-
vided for, for the investigation and prosecution of per-
sons involved in organized crime drug trafficking, ex-
cept that any funds obligated from appropriations
authorized by this paragraph may be used under au-
thorities 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 Assets
Forfeiture Fund: $22,949,000 for expenses authorized
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 Trustee:
$1,718,000.
(20) JOINT AUTOMATED BOOKING SYSTEM.—For
expenses necessary for the operation of the Joint Auto-
mated Booking System: $15,957,000.
(21) NARROWBAND COMMUNICATIONS.—For the
costs of conversion to narrowband communications,
including the cost for operation and maintenance of
Land Mobile Radio legacy systems: $104,606,000.
(22) RADIATION
EXPOSURE
COMPENSATION.—
For administrative expenses in accordance with the
Radiation Exposure Compensation Act: such sums as
necessary.
(23) 
COUNTERTERRORISM
FUND.—For 
the
Counterterrorism Fund for necessary expenses, as de-
termined by the Attorney General: $4,989,000.
(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 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) 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 Government.
(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 nec-
essary to carry out this section.
SEC. 103. AUTHORIZATION FOR ADDITIONAL ASSISTANT
UNITED STATES ATTORNEYS FOR PROJECT
SAFE NEIGHBORHOODS.
(a) IN GENERAL.—The Attorney General shall estab-
lish a program for each United States Attorney to provide
for coordination with State and local law enforcement offi-
cials in the identification and prosecution of violations of
Federal firearms laws including school gun violence and ju-
venile gun offenses.
(b) AUTHORIZATION FOR HIRING 94 ADDITIONAL AS-
SISTANT UNITED STATES ATTORNEYS.—There are author-
ized to be appropriated to carry out this section $9,000,000
for fiscal year 2002 to hire an additional Assistant United
States Attorney in each United States Attorney Office.
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 following:
‘‘§ 530C. Authority to use available funds
‘‘(a) IN GENERAL.—Except to the extent provided oth-
erwise by law, the activities of the Department of Justice
(including any bureau, office, board, division, commission,
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 equipment;
‘‘(4) through contracts, grants, or cooperative
agreements with non-Federal parties; and
‘‘(5) as provided in subsection (b), in section
524, and in any other provision of law consistent
herewith, 
including, 
without 
limitation, 
section
102(b) of Public Law 102–395 (106 Stat. 1838), as
incorporated by section 815(d) of Public Law 104–
132 (110 Stat. 1315).
‘‘(b) PERMITTED USES.—
‘‘(1) GENERAL PERMITTED USES.—Funds avail-
able to the Attorney General (i.e., all funds available
to carry out the activities described in subsection (a))
may be used, without limitation, for the following:
‘‘(A) The purchase, lease, maintenance, and
operation of passenger motor vehicles, or police-
type motor vehicles for law enforcement purposes,
without regard to general purchase price limita-
tion 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, in-
cluding private counsel, as authorized by section
3109 of title 5, and at rates of pay for individ-
uals not to exceed the maximum daily rate pay-
able from time to time under section 5332 of
title 5.
‘‘(D) Official reception and representation
expenses (i.e., official expenses of a social nature
intended in whole or in predominant part to
promote goodwill toward the Department or its
missions, but excluding expenses of public tours
of facilities of the Department of Justice), in ac-
cordance with distributions and procedures es-
tablished, and rules issued, by the Attorney Gen-
eral, and expenses of public tours of facilities of
the Department of Justice.
‘‘(E) Unforeseen emergencies of a confiden-
tial character, to be expended under the direction
of the Attorney General and accounted for solely
on the certificate of the Attorney General.
‘‘(F) Miscellaneous and emergency expenses
authorized or approved by the Attorney General,
the Deputy Attorney General, the Associate At-
torney General, or the Assistant Attorney Gen-
eral 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 admin-
istered by the Office of Personnel Management.
‘‘(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 De-
partment of Defense for the same area,
when it is determined by the Attorney Gen-
eral that schools available in the locality
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 depend-
ents would normally attend when the Attor-
ney General, under such regulations as he
may prescribe, determines that such schools
are not accessible by public means of trans-
portation.
‘‘(L) Payment of rewards (i.e., payments
pursuant to public advertisements for assistance
to the Department of Justice), in accordance
with procedures and regulations established or
issued by the Attorney General: provided that—
‘‘(i) no such reward shall exceed
$2,000,000 (unless a statute should author-
ize a higher amount);
‘‘(ii) no such reward of $250,000 or
more may be made or offered without the
personal approval of either the Attorney
General or the President;
‘‘(iii) the Attorney General shall give
written notice to the Chairmen and ranking
minority members of the Committees on Ap-
propriations and the Judiciary of the Sen-
ate and of the House of Representatives not
later than 30 days after the approval of a
reward under clause (ii);
‘‘(iv) any executive agency or military
department (as defined, respectively, in sec-
tions 105 and 102 of title 5) may provide
the Attorney General with funds for the
payment of rewards; and
‘‘(v) neither the failure of the Attorney
General to authorize a payment nor the
amount authorized shall be subject to judi-
cial review.
‘‘(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-
nance, and operation of aircraft and boats, for
law enforcement purposes.
‘‘(B) PURCHASE OF AMMUNITION AND FIRE-
ARMS; FIREARMS COMPETITIONS.—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, for the
Federal Prison System, for the Office of the In-
spector General, and for the Immigration 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, acquir-
ing, 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 ex-
penses incident or related thereto; but the fore-
going shall not be construed to mean that funds
generally available for salaries and expenses are
not also available for certain incidental or minor
construction, activation, remodeling, mainte-
nance, and other related construction costs.
‘‘(3) FEES
AND
EXPENSES
OF
WITNESSES.—
Funds available to the Attorney General for fees and
expenses of witnesses may be used for—
‘‘(A) expenses, mileage, compensation, 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 Fed-
eral Bureau of Investigation for the detection, inves-
tigation, and prosecution of crimes against the
United States may be used for the conduct of all its
authorized activities.
‘‘(5) IMMIGRATION AND NATURALIZATION SERV-
ICE.—Funds available to the Attorney General for the
Immigration and Naturalization Service may be used
for—
‘‘(A) acquisition of land as sites for enforce-
ment fences, and construction incident to such
fences;
‘‘(B) cash advances to aliens for meals and
lodging en route;
‘‘(C) refunds of maintenance bills, immigra-
tion fines, and other items properly returnable,
except deposits of aliens who become public
charges and deposits to secure payment of fines
and passage money; and
‘‘(D) expenses and allowances incurred in
tracking lost persons, as required by public ex-
igencies, in aid of State or local law enforcement
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;
‘‘(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 ex-
ercise of all power and functions authorized by law
relating to the detention of Federal prisoners in non-
Federal institutions or otherwise in the custody of the
United States Marshals Service and to the detention
of aliens in the custody of the Immigration and Natu-
ralization Service, including the overseeing of con-
struction of detention facilities or for housing related
to such detention, the management of funds appro-
priated to the Department for the exercise of detention
functions, and the direction of the United States Mar-
shals Service and Immigration Service with respect to
the exercise of detention policy setting and operations
for the Department of Justice.
‘‘(c) RELATED PROVISIONS.—
‘‘(1) LIMITATION OF COMPENSATION OF INDIVID-
UALS EMPLOYED AS ATTORNEYS.—No funds available
to the Attorney General may be used to pay com-
pensation for services provided by an individual em-
ployed as an attorney (other than an individual em-
ployed to provide services as a foreign attorney in
special cases) unless such individual is duly licensed
and authorized to practice as an attorney under the
law of a State, a territory of the United States, or the
District of Columbia.
‘‘(2) REIMBURSEMENTS PAID TO GOVERNMENTAL
ENTITIES.—Funds available to the Attorney General
that are paid as reimbursement to a governmental
unit of the Department of Justice, to another Federal
entity, or to a unit of State or local government, may
be used under authorities available to the unit or en-
tity receiving such reimbursement.
‘‘(d) FOREIGN REIMBURSEMENTS.—Whenever the De-
partment of Justice or any component participates in a co-
operative project to improve law enforcement or national
security operations or services with a friendly foreign coun-
try on a cost-sharing basis, any reimbursements or con-
tributions received from that foreign country to meet its
share of the project may be credited to appropriate current
appropriations accounts of the Department of Justice or
any component. The amount of a reimbursement or con-
tribution credited shall be available only for payment of
the share of the project expenses allocated to the partici-
pating foreign country.
‘‘(e) RAILROAD POLICE TRAINING FEES.—The Attor-
ney General is authorized to establish and collect a fee to
defray the costs of railroad police officers participating in
a Federal Bureau of Investigation law enforcement training
program authorized by Public Law 106–110, and to credit
such fees to the appropriation account ‘‘Federal Bureau of
Investigation, Salaries and Expenses’’, to be available until
expended for salaries and expenses incurred in providing
such services.
‘‘(f) WARRANTY WORK.—In instances where the Attor-
ney General determines that law enforcement-, security-, or
mission-related considerations mitigate against obtaining
maintenance or repair services from private sector entities
for equipment under warranty, the Attorney General is au-
thorized to seek reimbursement from such entities for war-
ranty work performed at Department of Justice facilities,
and to credit any payment made for such work to any ap-
propriation charged therefor.’’.
(b) CONFORMING AMENDMENT.—The table of sections
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 ENFORCE-
MENT 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, application,
or administration is within the responsi-
bility of the Attorney General or such officer
on the grounds that such provision is un-
constitutional; or
‘‘(ii) within any judicial jurisdiction
of or within the United States, from adher-
ing to, enforcing, applying, or complying
with, any standing rule of decision (binding
upon courts of, or inferior to those of, that
jurisdiction) established by a final decision
of any court of, or superior to those of, that
jurisdiction, respecting the interpretation,
construction, or application of the Constitu-
tion, any statute, rule, regulation, program,
policy, or other law whose enforcement, ap-
plication, or administration is within the
responsibility of the Attorney General or
such officer;
‘‘(B) determines—
‘‘(i) to contest affirmatively, in any ju-
dicial, administrative, or other proceeding,
the constitutionality of any provision of
any Federal statute, rule, regulation, pro-
gram, policy, or other law; or
‘‘(ii) to refrain (on the grounds that
the provision is unconstitutional) from de-
fending or asserting, in any judicial, ad-
ministrative, or other proceeding, the con-
stitutionality of any provision of any Fed-
eral statute, rule, regulation, program, pol-
icy, or other law, or not to appeal or re-
quest review of any judicial, administrative,
or other determination adversely affecting
the constitutionality of any such provision;
or
‘‘(C) approves (other than in circumstances
in which a report is submitted to the Joint Com-
mittee on Taxation, pursuant to section 6405 of
the Internal Revenue Code of 1986) the settle-
ment 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 exceed,
$2,000,000, excluding prejudgment interest;
or
‘‘(ii) by the United States (including
any agency or instrumentality thereof) pur-
suant to an agreement, consent decree, or
order (or pursuant to any modification of
an agreement, consent decree, or order) that
provides injunctive or other nonmonetary
relief that exceeds, or is likely to exceed, 3
years in duration: Provided, That for pur-
poses of this clause, the term ‘‘injunctive or
other nonmonetary relief’’ shall not be un-
derstood to include the following, where the
same are a matter of public record—
‘‘(I) debarments, suspensions, or
other exclusions from Government con-
tracts or grants;
‘‘(II) mere reporting requirements
or agreements (including sanctions for
failure to report);
‘‘(III) requirements or agreements
merely to comply with statutes or regu-
lations;
‘‘(IV) requirements or agreements
to surrender professional licenses or to
cease the practice of professions, occu-
pations, or industries;
‘‘(V) any criminal sentence or
any requirements or agreements to per-
form community service, to serve pro-
bation, or to participate in supervised
release from detention, confinement, or
prison; or
‘‘(VI) agreements to cooperate
with the government in investigations
or prosecutions (whether or not the
agreement is a matter of public
record).
‘‘(2) SUBMISSION
OF
REPORT
TO
THE
CON-
GRESS.—For the purposes of paragraph (1), a report
shall be considered to be submitted to the Congress if
the report is submitted to—
‘‘(A) the majority leader and minority lead-
er 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 Gen-
eral Counsel of the House of Representatives.
‘‘(b) DEADLINE.—A report shall be submitted—
‘‘(1) under subsection (a)(1)(A), not later than
30 days after the establishment or implementation of
each policy;
‘‘(2) under subsection (a)(1)(B), within such
time as will reasonably enable the House of Rep-
resentatives and the Senate to take action, separately
or jointly, to intervene in timely fashion in the pro-
ceeding, 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 im-
plementation 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 com-
plete and detailed statement of the reasons for the pol-
icy or determination, and the identity of the officer
responsible for establishing or implementing such pol-
icy, making such determination, or approving such
settlement or compromise), except that—
‘‘(A) such details may be omitted as may be
absolutely necessary to prevent improper disclo-
sure of national-security- or classified informa-
tion, of any information subject to the delibera-
tive-process-, executive-, attorney-work-product-,
or attorney-client privileges, or of any informa-
tion the disclosure of which is prohibited by sec-
tion 6103 of the Internal Revenue Code of 1986,
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, subsequent
to the submission of the report; and
‘‘(B) the requirements of this paragraph
shall be deemed satisfied—
‘‘(i) in the case of an approval 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 sub-
section (a)(1)(C), indicate the nature, tribunal, iden-
tifying information, and status of the proceeding,
suit, or action.
‘‘(d) DECLARATION.—In the case of a determination
described in subsection (a)(1)(B), the representative of the
United States participating in the proceeding shall make
a clear declaration in the proceeding that any position ex-
pressed as to the constitutionality of the provision involved
is the position of the executive branch of the Federal Govern-
ment (or, as applicable, of the President or of any executive
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 policy
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 201),
is amended by adding at the end the following:
‘‘530D. Report on enforcement of laws.’’.
(2) Section 712 of 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 department
(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 exec-
utive agency or military department described in sub-
section (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 of which the Attorney Gen-
eral and applicable official are aware described
in subsection (a)(1)(A) of such section that were