2000
[DOCID: f:h2215rfs.txt]
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 Representatives 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 Authorization 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.
TITLE II--PERMANENT ENABLING PROVISIONS
Sec. 201. Permanent authority.
Sec. 202. Permanent authority relating to enforcement of laws.
Sec. 203. Notifications and reports to be provided simultaneously to
committees.
Sec. 204. Miscellaneous uses of funds; technical amendments.
Sec. 205. Technical and miscellaneous amendments to Department of
Justice authorities; authority to transfer
property of marginal value; recordkeeping;
protection of the Attorney General.
Sec. 206. Oversight; waste, fraud, and abuse of appropriations.
Sec. 207. Enforcement of Federal criminal laws by Attorney General.
Sec. 208. Counterterrorism fund.
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 FISCAL YEAR 2002
SEC. 101. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED.
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 thereof), 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 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 confidential 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 investigation
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 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 construction, 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 exceed $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 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
confidential 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 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 available
until expended; and
(D) not to exceed $50,000 to meet unforeseen
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 include for each such fiscal year not to exceed
$6,000,000 for construction of protected witness safesites.
(14) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $338,106,000, for
expenses not otherwise provided for, for the investigation and
prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from
appropriations authorized by this paragraph may be used under
authorities available to the organizations reimbursed from such
funds.
(15) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $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 Automated Booking
System: $15,957,000.
(21) Narrowband communications.--F
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or 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: $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 administrative
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 litigation 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 appointment 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 following:
``Sec. 530C. Authority to use available funds
``(a) In General.--Except to the extent provided otherwise 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 Government, 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 available 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 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 section
3109 of title 5, and at rates of pay for individuals
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 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 accordance with
distributions and procedures established, and rules
issued, by the Attorney General, and expenses of public
tours of facilities of the Department of Justice.
``(E) Unforeseen emergencies of a confidential
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 Attorney
General, or the Assistant Attorney General for
Administration.
``(G) In accordance with procedures established and
rules issued by the Attorney General--
``(i) attendance at meetings and seminars;
``(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 enforcement
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 personal
services abroad, except that such individuals shall not
be regarded as employees of the United States for the
purpose of any law administered by the Office of
Personnel Management.
``(I) Payment of interpreters and translators 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 outside 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 locality are unable to provide
adequately for the education of such
dependents; and
``(ii) transportation of those dependents
between their place of residence and schools
serving the area which those dependents 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.--
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`(A) Aircraft and boats.--Funds available to the
Attorney General for United States Attorneys, for the
Federal Bureau of Investigation, 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, maintenance, 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
Investigation, for the United States Marshals Service,
for the Drug Enforcement Administration, for the
Federal Prison System, for the Office of the Inspector
General, and for the Immigration and Naturalization
Service may be used for--
``(i) the purchase of ammunition and
firearms; and
``(ii) participation in firearms
competitions.
``(C) Construction.--Funds available to the
Attorney General for construction may be used for
expenses of planning, designing, acquiring, building,
constructing, activating, renovating, converting,
expanding, extending, remodeling, 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 expenses are not
also available for certain incidental or minor
construction, activation, remodeling, maintenance, 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, protection,
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 alternative
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 enforcement
fences, and construction incident to such fences;
``(B) cash advances to aliens for meals and lodging
en route;
``(C) refunds of maintenance bills, immigration
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 exigencies, in aid
of State or local law enforcement agencies.
``(6) Federal prison system.--Funds available 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 facilities
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 published information
or material that is sexually explicit 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
detention 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
Department of Justice.
``(c) Related Provisions.--
``(1) Limitation of compensation of individuals employed as
attorneys.--No funds available to the Attorney General may be
used to pay compensation for services provided by an individual
employed as an attorney (other than an individual employed 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 entity receiving such reimbursement.''.
(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 ENFORCEMENT 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:
``Sec. 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 Department of Justice--
``(A) establishes or implements a formal or
informal policy to refrain--
``(i) from enforcing, applying, or
administering any provision of any Federal
statute, rule, regulation, program, policy, or
other law whose enforcement, application,
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or
administration is within the responsibility of
the Attorney General or such officer on the
grounds that such provision 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 interpretation, construction, or
application of the Constitution or of any
statute, rule, regulation, 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 proceeding,
the constitutionality of any provision of any
Federal statute, rule, regulation, program,
policy, or other law; or
``(ii) to refrain from defending or
asserting, 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
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 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 (including
any agency or instrumentality thereof) for a
sum that exceeds, or is likely to exceed,
$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 nonmonetary relief that
exceeds, or is likely to exceed, 3 years in
duration.
``(2) Submission of report to the congress.--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 leader of
the Senate;
``(B) the Speaker, majority leader, and minority
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 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 Representatives and the Senate
to take action, separately 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 quarter, 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 described 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 approving such settlement or compromise),
except that--
``(A) such details may be omitted as may be
absolutely necessary to prevent improper disclosure of
national-security- or classified information, or of any
information subject to the deliberative-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 information) 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 described
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 provided); and
``(ii) in the case of an approval described
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 nonmonetary 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 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 expressed as to the constitutionality of
the provision involved is th
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e position of the executive branch of the
Federal Government (or, as applicable, of the President or of any
executive agency or military department).
``(e) Applicability to the President and to Executive 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 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 executive agency
or military department described 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 enactment of this Act and were
in effect on such date; and
(ii) all determinations described in subsection
(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 subparagraph (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 Department of Justice
(including any bureau, office, board, division, 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
appropriations Act or in any statement of managers accompanying any
conference report agreed to by the Congress) to provide 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 Committee 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 Judiciary 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 Programs.--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 inserting
``501(b)'';
(2) in section 506(a)(1) by striking ``participating'';
(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
juvenile justice, or delinquency prevention.''; and
(4) in section 511 by striking ``503'' inserting
``501(b)''.
(b) Attorneys Specially Retained by the Attorney 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; PROTECTION OF THE ATTORNEY
GENERAL.
(a) Section 524 of title 28, United States Code, is amended--
(1) in subsection (a) by inserting ``to the Attorney
General'' after ``available'';
(2) in paragraph (c)(1)--
(A) by striking the semicolon at the end of the 1st
subparagraph (I) and inserting a period;
(B) by striking the 2d subparagraph (I);
(C) by striking ``(A)(iv), (B), (F), (G), and (H)''
in the 1st sentence following the 2d subparagraph (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 subject to
satisfaction by the recipient involved of any
outstanding lien against the property transferred, but
no such transfer shall''.
(b) Section 522 of title 28, United States Code, is amended by
inserting ``(a)'' before ``The'', and by inserting at the end the
following:
``(b) With respect to any data, records, or other information
acquired, collected, classified, preserved, or published by the
Attorney General for any statistical, research, or other aggregate
reporting purpose beginning not later than 1 year after the date of
enactment of 21st Century Department of Justice Appropriations
Authorization 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 context), 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.
2000
(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 APPROPRIATIONS.
(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 underlying
programs--
``(1) a report identifying and describing every grant,
cooperative agreement, or programmatic services contract that
was made, entered into, awarded, or extended, in the
immediately preceding fiscal year, by or on behalf of the
Office of Justice Programs (including any component or unit
thereof, and the Office of Community Oriented Policing
Services), and including, without limitation, for each such
grant, cooperative agreement, or contract: the term, the dollar
amount or value, a complete and detailed description of its
specific purpose or purposes, the names of all parties, the
names of each unsuccessful applicant or bidder (and a complete
and detailed 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 services contract made,
entered into, awarded, or extended after October 1, 2002, by or
on behalf of the Office of Justice Programs (including any
component 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 terminated or otherwise ended in the fiscal
year that ended 2 years before the end of such immediately
preceding fiscal year), and including, without limitation, 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 performance, 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 purpose or purposes;
``(B) the terms of the grant, cooperative
agreement, or contract were complied with; and
``(C) all documentation necessary for conducting a
full and proper audit under generally accepted
accounting principles, and any (additional)
documentation that may have been required 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 description, 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 jurisdiction, 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
request 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 ``person'', 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 amended 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 following:
``(A) The number of infringement cases involving 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 involving 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 categories 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 witness, discoverer, or recipient, as appropriate,''
after ``agency,''.
SEC. 208. COUNTERTERRORISM FUND.
(a) Establishment; Availability.--There is hereby established in
the Treasury of the United States a separate 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 capability of an
office or facility that has been damaged or destroyed
as the result of any domestic or international
terrorism incident;
(B) providing support to counter, investigate, or
prosecute domestic or international terrorism,
including, without limitation, paying rewards in
connection with these activities; and
(C) conducting terrorism threat assessments of
Federal agencies and their facilities; and
(2) to reimburse any department or agency of the Federal
Government
2000
for any costs incurred in connection with detaining
in foreign countries individuals 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
enactment of this Act.
TITLE III--MISCELLANEOUS
SEC. 301. REPEALERS.
(a) Open-Ended Authorization of Appropriations for National
Institute of Corrections.--Chapter 319 of title 18, United States Code,
is amended by striking section 4353.
(b) Open-Ended Authorization of Appropriations for United States
Marshals Service.--Section 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 31 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 Violent 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 Espionage 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 Federal
prisoner detainees in non-Federal institutions,
is authorized to make payments, from funds
appropriated for State and local law
enforcement assistance, for'' before
``entering''; and
(B) by redesignating--
(i) subsections (b) and (c) as subsections
(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 AUTHORIZATION OF
APPROPRIATIONS FOR THE DEPARTMENT 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
Representatives 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 appoint 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 consider the following
activities for inclusion in such plan:
(1) Financial systems.--Auditing the financial 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 weaknesses 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 Responsibility.
(4) Personnel.--Investigating allegations of serious
misconduct by personnel of the Federal Bureau of Investigation.
(5) Other programs and operations.--Reviewing matters
relating to any other program or and operation of the Federal
Bureau of Investigation 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 examination kits that currently
exist nationwide and shall submit 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 information
from all law enforcement jurisdictions in the United States.
SEC. 306. REPORT ON DCS 1000 (``CARNIVORE'').
Not later
1fa2
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 officials who
approved each use of DCS 1000 (or any similar system or
device);
(3) the criteria used by the Department of Justice
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 subpoenas applied
for, to authorize the use of DCS 1000 (or any similar system or
device);
(8) the fact that the order, warrant, or subpoena 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 communications 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 ATTORNEYS.
Not later than 180 days after the date of the enactment of this
Act, the Attorney General shall submit a report to the chairman and
ranking minority member of the Committees on the Judiciary of the House
of Representatives and Committee on the Judiciary of the Senate,
detailing 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 Department 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 inserting
``section 2008''; and
(B) by striking ``section 2006'' and inserting
``section 2009'';
(2) by redesignating sections 2002 through 2006 as sections
2005 through 2009, respectively; and
(3) by inserting after section 2001 the following:
``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 Director (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 employment 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 Office makes
any contract or other arrangement under this part.
``SEC. 2003. DUTIES AND FUNCTIONS OF DIRECTOR OF VIOLENCE AGAINST WOMEN
OFFICE.
``(a) In General.--The Director shall have the following 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 governments, 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 representative of the
Department of Justice on domestic task forces, committees, or
commissions addressing policy or issues relating to violence
against women.
``(5) Serving, at the request of the President, acting
through the Attorney General, as the representative of the
United States Government on human rights and economic justice
matters related to violence against women in international
fora, including, but not limited to, the United Nations.
``(6) Carrying out the functions of the Department 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 functions of the Department of Justice on matters
relating to violence against women, including with respect 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, coordination, 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 agencies, in
efforts to develop policy, provide technical
assistance, and improve coordination among agencies
carrying out efforts to eliminate violence against
women, including Indian or indigenous women; and
``(C) grantees, in efforts to combat violence
against women and to provide support and assistance to
victims of such violence.
``(8) Exercising such other powers and functions 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, guidelines, 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.''.
Passed the House of Representatives July 23, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
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