[Congressional Record: December 20, 2001 (Senate)]
[Page S14065-S14080]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr20de01-218]
21ST CENTURY DEPARTMENT OF JUSTICE AUTHORIZATION ACT
Mr. REID. Mr. President, I ask unanimous consent the Senate proceed
to the immediate consideration of Calendar No. 206, H.R. 2215.
The PRESIDENT pro tempore. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 2215) to authorize the appropriations for the
Department of Justice for fiscal year 2002, and for other
purposes.
There being no objection, the Senate proceeded to consider the
bill Appropriations for the Department of Justice for fiscal year 2002,
and for other purposes and which had been reported from the Committee
on the Judiciary, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
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.
Sec. 103. Authorization for additional Assistant United States
Attorneys for project safe neighborhoods.
TITLE II--PERMANENT ENABLING PROVISIONS
Sec. 201. Permanent authority.
Sec. 202. Permanent authority relating to enforcement of laws.
Sec. 203. Notifications and reports to be provided simultaneously to
committees.
Sec. 204. Miscellaneous uses of funds; technical amendments.
Sec. 205. Technical and miscellaneous amendments to Department of
Justice authorities; authority to transfer property of
marginal value; recordkeeping; protection of the Attorney
General.
Sec. 206. Oversight; waste, fraud, and abuse of appropriations.
Sec. 207. Enforcement of Federal criminal laws by Attorney General.
Sec. 208. Counterterrorism fund.
Sec. 209. Strengthening law enforcement in United States territories,
commonwealths, and possessions.
Sec. 210. Additional authorities of the Attorney General.
TITLE III--MISCELLANEOUS
Sec. 301. Repealers.
Sec. 302. Technical amendments to title 18 of the United States Code.
Sec. 303. Required submission of proposed authorization of
appropriations for the Department of Justice for fiscal
year 2003.
Sec. 304. Study of untested rape examination kits.
Sec. 305. Report on DCS 1000 (``carnivore'').
Sec. 306. Study of allocation of litigating attorneys.
Sec. 307. Use of truth-in-sentencing and violent offender incarceration
grants.
Sec. 308. Authority of the Department of Justice Inspector General.
Sec. 309. Report on Inspector General and Deputy Inspector General for
Federal Bureau of Investigation.
Sec. 310. Use of residential substance abuse treatment grants to
provide for services during and after incarceration.
Sec. 311. Report on threats and assaults against Federal law
enforcement officers, United States judges, United States
officials and their families.
Sec. 312. Additional Federal judgeships.
TITLE IV--VIOLENCE AGAINST WOMEN
Sec. 401. Short title.
Sec. 402. Establishment of Violence Against Women Office.
Sec. 403. Jurisdiction.
Sec. 404. Director of Violence Against Women Office.
Sec. 405. Regulatory authorization.
Sec. 406. Office staff.
Sec. 407. Authorization of appropriations.
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, 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
appropriations 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 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);
[[Page S14066]]
(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.--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 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 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 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.
SEC. 103. AUTHORIZATION FOR ADDITIONAL ASSISTANT UNITED
STATES ATTORNEYS FOR PROJECT SAFE
NEIGHBORHOODS.
(a) In General.--The Attorney General shall establish a
program for each United States Attorney to provide for
coordination with State and local law enforcement officials
in the identification and prosecution of violations of
Federal firearms laws including school gun violence and
juvenile gun offenses.
(b) Authorization for Hiring 94 Additional Assistant United
States Attorneys.--There are authorized 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:
``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.
``(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 authorize 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 Appropriations and the Judiciary of the Senate 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 sections 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 judicial review.
``(2) Specific permitted uses.--
``(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.
[[Page S14067]]
``(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
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 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.
``(d) Foreign Reimbursements.--Whenever the Department of
Justice or any component participates in a cooperative
project to improve law enforcement or national security
operations or services with a friendly foreign country on a
cost-sharing basis, any reimbursements or contributions
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 contribution credited shall be
available only for payment of the share of the project
expenses allocated to the participating foreign country.
``(e) Railroad Police Training Fees.--The Attorney 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 Attorney
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
authorized to seek reimbursement from such entities for
warranty work performed at Department of Justice facilities,
and to credit any payment made for such work to any
appropriation 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 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, 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, 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 (on the grounds that the provision is
unconstitutional) 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, excluding prejudgment interest; 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: Provided, That for purposes of
this clause, the term ``injunctive or other nonmonetary
relief'' shall not be understood to include the following,
where the same are a matter of public record--
``(I) debarments, suspensions, or other exclusions from
Government contracts or grants;
``(II) mere reporting requirements or agreements (including
sanctions for failure to report);
``(III) requirements or agreements merely to comply with
statutes or regulations;
``(IV) requirements or agreements to surrender professional
licenses or to cease the practice of professions,
occupations, or industries;
``(V) any criminal sentence or any requirements or
agreements to perform community service, to serve probation,
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 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
[[Page S14068]]
``(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, of any information
subject to the deliberative-process-, executive-, attorney-
work-product-, or attorney-client privileges, or of any
information the disclosure of which is prohibited by section
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 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 the 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, 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 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 of which the Attorney General and
applicable official are aware 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 of which the Attorney General and
applicable official are aware 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.
(5) Section 101 of Public Law 106-57 (113 Stat. 414) is
amended by striking subsection (b).
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, except that
classified notices and reports submitted to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives shall be excluded from this section so long
as simultaneous notification of the provision of such reports
(other than notification required under section 502(1) of the
National Security Act of 1947 (50 U.S.C. 413a(1)) is made to
the Committees on the Judiciary of the Senate and the House
of Representatives.
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)(3) by striking ``502'' and inserting
``501(b)'';
(4) in section 510 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
(5) in section 511 by striking ``503'' and 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 subsection (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
first sentence following the second 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 subsection (c)(2)--
(A) by inserting before the period in the last sentence ``,
without both the personal approval of the Attorney General
and written notice within 30 days thereof to the Chairmen and
ranking minority members of the Committees on Appropriations
and the Judiciary of the Senate and of the House of
Representatives'';
(B) by striking ``for information'' each place it appears;
and
(C) by striking ``$250,000'' the 2d and 3d places it
appears and inserting ``$500,000'';
(4) in subsection (c)(3) by striking ``(F)'' and inserting
``(G)'';
(5) in subsection (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.
(d) Section 509(3) of title 28, United States Code, is
amended by striking the 2d period.
(e) Section 533 of title 28, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by adding after paragraph (2) a new paragraph as
follows:
[[Page S14069]]
``(3) to assist in the protection of the person of the
Attorney General.''.
(f) Hereafter, no compensation or reimbursement paid
pursuant to section 501(a) of Public Law 99-603 (100 Stat.
3443) or section 241(i) of the Act of June 27, 1952 (ch. 477)
shall be subject to section 6503(d) of title 31, United
States Code, and no funds available to the Attorney General
may be used to pay any assessment made pursuant to such
section 6503 with respect to any such compensation or
reimbursement.
(g) Section 108 of Public Law 103-121 (107 Stat. 1164) is
amended by replacing ``three'' with ``six'', by replacing
``only'' with ``, first,'', and by replacing ``litigation.''
with ``litigation, and, thereafter, for financial systems,
and other personnel, administrative, and litigation expenses
of debt collection activities.''.
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
(other than one made to a governmental entity, pursuant to a
statutory formula), cooperative agreement, or programmatic
services contract that was made, entered into, awarded, or,
for which additional or supplemental funds were provided 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 description of its specific purpose
or purposes, the names of all grantees or parties, the names
of each unsuccessful applicant or bidder, and a description
of the specific purpose or purposes proposed in each
unsuccessful application or bid, and of the reason or reasons
for rejection or denial of the same; and
``(2) a report identifying and reviewing every grant (other
than one made to a governmental entity, pursuant to a
statutory formula), cooperative agreement, or programmatic
services contract made, entered into, awarded, or for which
additional or supplemental funds were provided, 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
programmatically and financially 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 description of how the appropriated funds
involved actually were spent, 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
striking the period after ``business'' and inserting ``, or
from making any communication whose prohibition by this
section might, in the opinion of the Attorney General,
violate the Constitution or interfere with the conduct of
foreign policy, counter-intelligence, intelligence, or
national security activities. Violations of this section
shall constitute violations of section 1352(a) of title
31.''.
(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 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.
SEC. 209. STRENGTHENING LAW ENFORCEMENT IN UNITED STATES
TERRITORIES, COMMONWEALTHS, AND POSSESSIONS.
(a) Extended Assignment Incentive.--Chapter 57 of title 5,
United States Code, is amended--
(1) in subchapter IV, by inserting at the end the
following:
``Sec. 5757. Extended assignment incentive
``(a) The head of an Executive agency may pay an extended
assignment incentive to an employee if--
``(1) the employee has completed at least 2 years of
continuous service in 1 or more civil service positions
located in a territory or possession of the United States,
the Commonwealth of Puerto Rico, or the Commonwealth of the
Northern Mariana Islands;
``(2) the agency determines that replacing the employee
with another employee possessing the required qualifications
and experience would be difficult; and
``(3) the agency determines it is in the best interest of
the Government to encourage the employee to complete a
specified additional period of employment with the agency in
the territory or possession, the Commonwealth of Puerto Rico
or Commonwealth of the Northern Mariana Islands, except that
the total amount of service performed in a particular
territory, commonwealth, or possession under 1 or more
agreements established under this section may not exceed 5
years.
``(b) The sum of extended assignment incentive payments for
a service period may not exceed the greater of--
``(1) an amount equal to 25 percent of the annual rate of
basic pay of the employee at the beginning of the service
period, times the number of years in the service period; or
``(2) $15,000 per year in the service period.
``(c)(1) Payment of an extended assignment incentive shall
be contingent upon the employee entering into a written
agreement with the agency specifying the period of service
and other terms and conditions under which the extended
assignment incentive is payable.
``(2) The agreement shall set forth the method of payment,
including any use of an initial lump-sum payment, installment
payments, or a final lump-sum payment upon completion of the
entire period of service.
``(3) The agreement shall describe the conditions under
which the extended assignment incentive may be canceled prior
to the completion of agreed-upon service period and the
effect of the cancellation. The agreement shall require that
if, at the time of cancellation of the incentive, the
employee has received incentive payments which exceed the
amount which bears the same relationship to the total amount
to be paid under the agreement as the completed service
period bears to the agreed-upon service period, the employee
shall repay that excess amount, at a minimum, except that an
employee who is involuntarily reassigned to a position
stationed outside the territory, commonwealth, or possession
or involuntarily separated (not for cause on
[[Page S14070]]
charges of misconduct, delinquency, or inefficiency) may not
be required to repay any excess amounts.
``(d) An agency may not put an extended assignment
incentive into effect during a period in which the employee
is fulfilling a recruitment or relocation bonus service
agreement under section 5753 or for which an employee is
receiving a retention allowance under section 5754.
``(e) Extended assignment incentive payments may not be
considered part of the basic pay of an employee.
``(f) The Office of Personnel Management may prescribe
regulations for the administration of this section, including
regulations on an employee's entitlement to retain or receive
incentive payments when an agreement is canceled. Neither
this section nor implementing regulations may impair any
agency's independent authority to administratively determine
compensation for a class of its employees.''; and
(2) in the analysis by adding at the end the following:
``5757. Extended assignment incentive.''.
(b) Conforming Amendment.--Section 5307(a)(2)(B) of title
5, United States Code, is amended by striking ``or 5755'' and
inserting ``5755, or 5757''.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the first applicable
pay period beginning on or after 6 months after the date of
enactment of this Act.
(d) Report.--No later than 3 years after the effective date
of this section, the Office of Personnel Management, after
consultation with affected agencies, shall submit a report to
Congress assessing the effectiveness of the extended
assignment incentive authority as a human resources
management tool and making recommendations for any changes
necessary to improve the effectiveness of the incentive
authority. Each agency shall maintain such records and report
such information, including the number and size of incentive
offers made and accepted or declined by geographic location
and occupation, in such format and at such times as the
Office of Personnel Management may prescribe, for use in
preparing the report.
SEC. 210. ADDITIONAL AUTHORITIES OF THE ATTORNEY GENERAL.
Section 151 of the Foreign Relations Act, fiscal years 1990
and 1991 (5 U.S.C. 5928 note) is amended by inserting ``or
Federal Bureau of Investigation'' after ``Drug Enforcement
Administration''.
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) Redundant Authorizations of Payments for Rewards.--
(1) Chapter 203 of title 18 of the United States Code is
amended by striking sections 3059, 3059A, 3059B, 3075, and
all the matter after the first sentence of 3072; and
(2) Public Law 101-647 is amended in section 2565, by
replacing all the matter after ``2561'' in subsection (c)(1)
with ``the Attorney General may, in his discretion, pay a
reward to the declarant'' and by striking subsection (e); and
by striking section 2569.
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. 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. 305. REPORTS ON USE OF DCS 1000 (CARNIVORE).
(a) Report on Use of DCS 1000 (Carnivore) to Implement
Orders Under 18 U.S.C. 3123.--At the same time that the
Attorney General submits to Congress the annual reports
required by section 3126 of title 18, United States Code,
that are respectively next due after the end of each of the
fiscal years 2001 and 2002, the Attorney General shall also
submit to the Chairmen and ranking minority members of the
Committees on the Judiciary of the Senate and of the House of
Representatives a report, covering the same respective time
period, on the number of orders under section 3123 applied
for by law enforcement agencies of the Department of Justice
whose implementation involved the use of the DCS 1000 program
(or any subsequent version of such program), which report
shall include information concerning--
(1) the period of interceptions authorized by the order,
and the number and duration of any extensions of the order;
(2) the offense specified in the order or application, or
extension of an order;
(3) the number of investigations involved;
(4) the number and nature of the facilities affected;
(5) the identity of the applying investigative or law
enforcement agency making the application for an order; and
(6) the specific persons authorizing the use of the DCS
1000 program (or any subsequent version of such program) in
the implementation of such order.
(b) Report on Use of DCS 1000 (Carnivore) to Implement
Orders Under 18 U.S.C. 2518.--At the same time that the
Attorney General, or Assistant Attorney General specially
designated by the Attorney General, submits to the
Administrative Office of the United States Courts the annual
report required by section 2519(2) of title 18, United States
Code, that is respectively next due after the end of each of
the fiscal years 2001 and 2002, the Attorney General shall
also submit to the Chairmen and ranking minority members of
the Committees on the Judiciary of the Senate and of the
House of Representatives a report, covering the same
respective time period, that contains the following
information with respect to those orders described in that
annual report that were applied for by law enforcement
agencies of the Department of Justice and whose
implementation involved the use of the DCS 1000 program (or
any subsequent version of such program)--
(1) the kind of order or extension applied for (including
whether or not the order was an order with respect to which
the requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of
title 18, United States Code, did not apply by reason of
section 2518 (11) of title 18);
(2) the period of interceptions authorized by the order,
and the number and duration of any extensions of the order;
(3) the offense specified in the order or application, or
extension of an order;
(4) the identity of the applying investigative or law
enforcement officer and agency making the application and the
person authorizing the application;
(5) the nature of the facilities from which or place where
communications were to be intercepted;
(6) a general description of the interceptions made under
such order or extension, including--
(A) the approximate nature and frequency of incriminating
communications intercepted;
(B) the approximate nature and frequency of other
communications intercepted;
(C) the approximate number of persons whose communications
were intercepted;
(D) the number of orders in which encryption was
encountered and whether such encryption prevented law
enforcement from obtaining the plain text of communications
intercepted pursuant to such order; and
(E) the approximate nature, amount, and cost of the
manpower and other resources used in the interceptions;
(7) the number of arrests resulting from interceptions made
under such order or extension, and the offenses for which
arrests were made;
(8) the number of trials resulting from such interceptions;
(9) the number of motions to suppress made with respect to
such interceptions, and the number granted or denied;
(10) the number of convictions resulting from such
interceptions and the offenses for which the convictions were
obtained and a general assessment of the importance of the
interceptions; and
(11) the specific persons authorizing the use of the DCS
1000 program (or any subsequent version of such program) in
the implementation of such order.
SEC. 306. 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, and per-attorney workloads, for each Office of
United States Attorney and each division of the Department of
Justice except the Justice Management Division.
SEC. 307. USE OF TRUTH-IN-SENTENCING AND VIOLENT OFFENDER
INCARCERATION GRANTS.
Section 20105(b) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13705(b)) is amended to
read as follows:
[[Page S14071]]
``(b) Use of Truth-in-Sentencing and Violent Offender
Incarceration Grants.--Funds provided under section 20103 or
20104 may be applied to the cost of--
``(1) altering existing correctional facilities to provide
separate facilities for juveniles under the jurisdiction of
an adult criminal court who are detained or are serving
sentences in adult prisons or jails;
``(2) providing correctional staff who are responsible for
supervising juveniles who are detained or serving sentences
under the jurisdiction of an adult criminal court with
orientation and ongoing training regarding the unique needs
of such offenders; and
``(3) providing ombudsmen to monitor the treatment of
juveniles who are detained or serving sentences under the
jurisdiction of an adult criminal court in adult facilities,
consistent with guidelines issued by the Assistant Attorney
General.
SEC. 308. AUTHORITY OF THE DEPARTMENT OF JUSTICE INSPECTOR
GENERAL.
Section 8E of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in subsection (b), by striking paragraphs (2) and (3)
and inserting the following:
``(2) except as specified in subsection (a) and paragraph
(3), may investigate allegations of criminal wrongdoing or
administrative misconduct by an employee of the Department of
Justice, or may, in the Inspector General's discretion, refer
such allegations to the Office of Professional Responsibility
or the internal affairs office of the appropriate component
of the Department of Justice; and
``(3) shall refer to the Counsel, Office of Professional
Responsibility of the Department of Justice, allegations of
misconduct involving Department attorneys, investigators or
law enforcement personnel, where the allegations relate to
the exercise of an attorney's authority to investigate,
litigate, or provide legal advice, except that no such
referral shall be made if the attorney is employed in the
Office of Professional Responsibility.''; and
(2) by inserting at the end the following:
``(d) The Attorney General shall insure by regulation that
any component of the Department of Justice receiving a
nonfrivolous allegation of criminal wrongdoing or
administrative misconduct by an employee of the Department
shall report such information to the Inspector General.''.
SEC. 309. REVIEW OF THE DEPARTMENT OF JUSTICE.
(a) Appointment of Oversight Official Within the Office of
Inspector General.--The Inspector General of the Department
of Justice shall direct that one official from the Inspector
General's office shall be responsible for supervising and
coordinating independent oversight of programs and operations
of the Federal Bureau of Investigation until September 30,
2003. The Inspector General may continue this policy after
September 30, 2003, at the Inspector General's discretion.
(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 Chairman and
ranking member of the Committees on the Judiciary of the
Senate and the House of Representatives 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) Report on Inspector General for Federal Bureau of
Investigation.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall submit a
report and recommendation to the Chairman and ranking member
of the Committees on the Judiciary of the Senate and the
House of Representatives concerning whether there should be
established, within the Department of Justice, a separate
office of Inspector General for the Federal Bureau of
Investigation that shall be responsible for supervising
independent oversight of programs and operations of the
Federal Bureau of Investigation.
SEC. 310. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANTS
TO PROVIDE FOR SERVICES DURING AND AFTER
INCARCERATION.
Section 1901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ff) is amended by
adding at the end the following:
``(c) Additional Use of Funds.--States that demonstrate
that they have existing in-prison drug treatment programs
that are in compliance with Federal requirements may use
funds awarded under this part for treatment and sanctions
both during incarceration and after release.''.
SEC. 311. REPORT ON THREATS AND ASSAULTS AGAINST FEDERAL LAW
ENFORCEMENT OFFICERS, UNITED STATES JUDGES,
UNITED STATES OFFICIALS AND THEIR FAMILIES.
(a) Repeal of Compilation of Statistics Relating To
Intimidation Of Government Employees.--Section 808 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132; 110 Stat.1310) is repealed.
(b) Report on Threats and Assaults Against Federal Law
Enforcement Officers, United States Judges, United States
Officials and Their Families.--Not later than 90 days after
the date of enactment of this Act, the Attorney General shall
submit to the Chairmen and ranking minority members of the
Committees on the Judiciary of the Senate and of the House of
Representatives a report on the number of investigations and
prosecutions under section 111 of title 18, United States
Code, and section 115 of title 18, United States Code, for
the fiscal year 2001.
SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.
(a) Permanent District Judges for the District Courts.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 5 additional district judges for the southern district
of California;
(B) 1 additional district judge for the western district of
North Carolina; and
(C) 2 additional district judges for the western district
of Texas.
(2) Tables.--In order that the table contained in section
133 of title 28, United States Code, will, with respect to
each judicial district, reflect the changes in the total
number of permanent district judgeships authorized as a
result of paragraph (1) of this subsection, such table is
amended--
(A) by striking the item relating to California and
inserting the following:
``California:
Northern....................................................14 ....
Eastern..................................................... 6 ....
Central.....................................................27 ....
Southern.................................................13.'';....
(B) by striking the item relating to North Carolina and
inserting the following:
``North Carolina:
Eastern..................................................... 4 ....
Middle...................................................... 4 ....
Western.................................................. 4.'';....
and
(C) by striking the item relating to Texas and inserting
the following:
``Texas:
Northern....................................................12 ....
Southern....................................................19 ....
Eastern..................................................... 7 ....
Western..................................................13.''.....
(b) District Judgeships for the Central and Southern
Districts of Illinois.--
(1) Conversion of temporary judgeships to permanent
judgeships.--The existing district judgeships for the central
district and the southern district of Illinois authorized by
section 203(c) (3) and (4) of the Judicial Improvements Act
of 1990 (Public Law 101-650, 28 U.S.C. 133 note) shall, as of
the date of the enactment of this Act, be authorized under
section 133 of title 28, United States Code, and the
incumbents in such offices shall hold the offices under
section 133 of title 28, United States Code (as amended by
this section).
(2) Technical and conforming amendment.--The table
contained in section 133(a) of title 28, United States Code,
is amended by striking the item relating to Illinois and
inserting the following:
``Illinois:
Northern....................................................22 ....
Central..................................................... 4 ....
Southern................................................. 4.''.....
(c) Temporary Judgeship.--The President shall appoint, by
and with the advice and consent of the Senate, 1 additional
district judge for the western district of North Carolina.
The first vacancy in the office of district judge in the
western district of North Carolina, occurring 7 years or more
after the confirmation date of the judge named to fill the
temporary district judgeship created in that district by this
subsection, shall not be filled.
(d) Extension of Temporary Federal District Court Judgeship
for the Northern District of Ohio.--
(1) In general.--Section 203(c) of the Judicial Improvement
Act of 1990 (28 U.S.C. 133 note) is amended--
(A) in the first sentence following paragraph (12), by
striking ``and the eastern district of Pennsylvania'' and
inserting ``, the eastern district of Pennsylvania, and the
northern district of Ohio''; and
(B) by inserting after the third sentence following
paragraph (12) ``The first vacancy in the office of district
judge in the northern district of Ohio occurring 15 years or
more after the confirmation date of the judge named to fill
the temporary judgeship created under this subsection shall
not be filled.''.
(2) Effective date.--The amendments made by this section
shall take effect on the earlier of--
(A) the date of enactment of this Act; or
(B) November 15, 2001.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section, including such sums as may be necessary to
provide appropriate space and facilities for the judicial
positions created by this section.
TITLE IV--VIOLENCE AGAINST WOMEN
SEC. 401. SHORT TITLE.
This title may be cited as the ``Violence Against Women
Office Act''.
[[Page S14072]]
SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN OFFICE.
(a) In General.--There is established in the Department of
Justice a Violence Against Women Office (in this title
referred to as the ``Office'') under the general authority of
the Attorney General.
(b) Separate Office.--The Office--
(1) shall not be part of any division or component of the
Department of Justice; and
(2) shall be a separate office headed by a Director who
shall report to the Attorney General through the Associate
Attorney General of the United States, and who shall also
serve as Counsel to the Attorney General.
SEC. 403. JURISDICTION.
The Office--
(1) shall have jurisdiction over all matters related to
administration, enforcement, coordination, and implementation
of all responsibilities of the Attorney General or the
Department of Justice related to violence against women,
including formula and discretionary grant programs authorized
under the Violence Against Women Act of 1994 (title IV of
Public Law 103-322) and the Violence Against Women Act of
2000 (Division B of Public Law 106-386); and
(2) shall be solely responsible for coordination with other
offices or agencies of administration, enforcement, and
implementation of the programs, grants, and activities
authorized or undertaken under the Violence Against Women Act
of 1994 (title IV of Public Law 103-322) and the Violence
Against Women Act of 2000 (Division B of Public Law 106-386).
SEC. 404. DIRECTOR OF VIOLENCE AGAINST WOMEN OFFICE.
(a) Appointment.--The President, by and with the advice and
consent of the Senate, shall appoint a Director for the
Violence Against Women Office (in this title referred to as
the ``Director'') to be responsible for the administration,
coordination, and implementation of the programs and
activities of the office.
(b) Other Employment.--The Director shall not--
(1) engage in any employment other than that of serving as
Director; or
(2) hold any office in, or act in any capacity for, any
organization, agency, or institution with which the Office
makes any contract or other agreement under the Violence
Against Women Act of 1994 (title IV of Public Law 103-322) or
the Violence Against Women Act of 2000 (Division B of Public
Law 106-386).
(c) Vacancy.--In the case of a vacancy, the President may
designate an officer or employee who shall act as Director
during the vacancy.
(d) Compensation.--The Director shall be compensated at a
rate of pay not to exceed the rate payable for level V of the
Executive Schedule under section 5316 of title 5, United
States Code.
SEC. 405. REGULATORY AUTHORIZATION.
The Director may, after appropriate consultation with
representatives of States and units of local government,
establish such rules, regulations, and procedures as are
necessary to the exercise of the functions of the Office, and
are consistent with the stated purposes of this Act and those
of the Violence Against Women Act of 1994 (title IV of Public
Law 103-322) and the Violence Against Women Act of 2000
(Division B of Public Law 106-386).
SEC. 406. OFFICE STAFF.
The Attorney General shall ensure that there is adequate
staff to support the Director in carrying out the
responsibilities of the Director under this title.
SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title.
Mr. LEAHY. Mr. President, I am pleased to the Senate is finally
passing the 21st Century Department of Justice Appropriations
Authorization Act. I thank Senator Hatch, the ranking Republican member
of the Judiciary Committee, for his hard work and support of this
legislation.
The last time Congress properly authorized spending for the entire
Department of Justice (``DOJ'' or the ``Department'') was in 1979.
Congress extended that authorization in 1980 and 1981. Since then,
Congress has not passed nor has the President signed an authorization
bill for the Department. In fact, there are a number of years where
Congress failed to consider any Department authorization bill. This 21-
year failure to properly reauthorize the Department has forced the
appropriations committees in both houses to reauthorize and appropriate
money.
We have ceded the authorization power to the appropriators for too
long. Our bipartisan legislation is an attempt to reaffirm the
authorizing authority and responsibility of the House and Senate
Judiciary Committees. I commend Chairman Sensenbrenner and Ranking
Member Conyers of the House Judiciary Committee for working in a
bipartisan manner to pass similar legislation in the House of
Representatives.
The 21st Century Department of Justice Appropriations Authorization
Act, is divided into two divisions: the first division is a
comprehensive authorization of the Department; and the second division
is a comprehensive authorization of expired and new Department grants
programs and improvements to criminal law and procedures.
Division A of our bipartisan legislation contains four titles which
authorize appropriations for the Department for fiscal year 2002,
provide permanent enabling authorities which will allow the Department
to efficiently carry out its mission, clarify and harmonize existing
statutory authority, and repeal obsolete statutory authorities. The
bill establishes certain reporting requirements and other mechanisms,
such as DOJ Inspector General authority to investigate allegations of
misconduct by employees of the Federal Bureau of Investigation (FBI),
intended to better enable the Congress and the Department to oversee
the operations of the Department. Finally, the bill creates a separate
Violence Against Women Office to combat domestic violence.
Title I authorizes appropriations for the major components of the
Department for fiscal year 2002. The authorization mirrors the
President's request regarding the Department except in two areas.
First, the bill increased the President's request for the DOJ Inspector
General by $10 million. This is necessary because the Committee is
concerned about the severe downsizing of that office and the need for
oversight, particularly of the FBI, at the Department. Second, the bill
authorizes at least $10 million 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). The American copyright industry is the largest
exporter of goods from the United States, employing more than 7 million
Americans, and these additional funds are needed to strengthen the
resources available to DOJ and the FBI to investigate and prosecute
cyberpiracy.
Title II permanently establishes a clear set of authorities that the
Department may rely on to use appropriated funds, including
establishing permitted uses of appropriated funds by the Attorney
General, the FBI, the Immigration and Naturalization Service, the
Federal Prison System, and the Detention Trustee. Title II also
establishes new reporting requirements which are intended to enhance
Congressional oversight of the Department, including new reporting
requirements for information about the enforcement of existing laws,
for information regarding the Office of Justice Programs (OJP), and the
submission of other reports, required by existing law, to the House and
Senate Judiciary Committees. Section 206(e) expands an existing
reporting requirement regarding copyright infringement cases.
Title II also provides the Department with additional law enforcement
tools in the war against terrorism. For instance, section 201 permits
the FBI to enter into cooperative projects with foreign countries to
improve law enforcement or intelligence operations. Section 210 of the
committee approved bill also provided for special ``danger pay''
allowances for FBI agents in hazardous duty locations outside the
United States, as is provided for agents of the Drug Enforcement
Administration. At the insistence of a Republican Senator, section 210
have regrettably been removed from the bill to ensure final passage.
Title III repeals outdated and open-ended statutes, requires the
submission of an annual authorization bill to the House and Senate
Judiciary Committees, and provides states with flexibility to use
existing Truth-In-Sentencing and Violent Offender Incarceration Grants
to account for juveniles being housed in adult prison facilities. Title
III requires the Department to submit to Congress studies on untested
rape examination kits, and the allocation of funds, personnel, and
workloads for each office of U.S. Attorney and each division of the
Department.
In addition, Title III provides new oversight and reporting
requirements for the FBI and other activities conducted by the Justice
Department. Specifically, section 308 codifies the Attorney General's
order of July 11, 2001, which revised Department of Justice's
regulations concerning the Inspector General. The section insures that
the Inspector General for the Department of Justice has the authority
to decide whether a particular allegation of misconduct by Department
of Justice personnel, including employees of the Federal Bureau of
Investigation
[[Page S14073]]
and the Drug Enforcement Administration, should be investigated by the
Inspector General or by the internal affairs unit of the appropriate
component of the Department of Justice.
Section 309 directs the Inspector General of the Department to
appoint an official from the Inspector General's office to be
responsible for supervising and coordinating independent oversight of
programs and operations of the FBI until the end of the 2003 fiscal
year. This section also requires the Inspector General of the
Department to submit to Congress not later than 30 days after enactment
of this Act an oversight plan for the FBI. This section further
requires the Attorney General to submit a report and recommendation to
the House and Senate Committees on the Judiciary not later than 90 days
after enactment of this Act on whether there should be established a
separate office of Inspector General for the FBI that shall be
responsible for supervising independent oversight of programs and
operations of the FBI.
In addition, the bill as passed by the committee, contains language
offered as an amendment by Senator Feinstein to authorize a number of
new judgeships. I strongly support Senator Feinstein's amendment, and
believe that the need for these new judgeships is acute.
Title IV establishes a separate Violence Against Women Office (VAWO)
within the Department. The VAWO is headed by a Director, who is
appointed by the President and confirmed by the Senate. In addition,
Title IV enumerates duties and responsibilities of the Director, and
authorizes appropriations to ensure the VAWO is adequately staffed. I
strongly support a separate VAWO office within the Department of
Justice.
The 21st Century Department of Justice Appropriations Authorization
Act should result in a more effective, as well as efficient, Department
of Justice for the American people.
Division B of our bipartisan legislation includes eight titles which
compile a comprehensive authorization of expired and new Department of
Justice grants programs and improvements to criminal law and
procedures.
Title I authorizes Department of Justice grants to establish 4,000
Boys and Girls Clubs across the country before January 1, 2007. This
bipartisan amendment authorizes Department of Justice grants for each
of the next 5 years to establish 1,200 additional Boys and Girls Clubs
across the Nation. In fact, this will bring the number of Boys and
Girls clubs to 4,000. That means they will serve approximately 6
million young people by January 1, 2007.
I am very impressed with what I see about the Boys and Girls Clubs as
I travel around the country. In 1997, I was very proud to join with
Senator Hatch and others to pass bipartisan legislation to authorize
grants by the Department of Justice to fund 2,500 Boys and Girls Clubs
across the Nation. We increased the Department of Justice grant funding
for the Boys and Girls Clubs from $20 million in fiscal year 1998 to
$60 million in fiscal year 2001. That is why we have now 2,591 Boys and
Girls Clubs in all 50 States and 3.3 million children are served. It is
a success story.
I hear from parents certainly across my State how valuable it is to
have the Boys and Girls Clubs. I hear it also from police chiefs. In
fact, one police chief told me, rather than giving him a couple more
police officers, fund a Boys and Girls Club in his district; it would
be more beneficial. This long-term Federal commitment has enabled
Vermonters to establish six Boys and Girls Clubs--in Brattleboro,
Burlington, Montpelier, Randolph, Rutland, and Vergennes. In fact,
I believe the Vermont Boys and Girls Clubs have received more than a
million dollars from the Department of Justice grants since 1998.
In May of this year at a Vermont town meeting on heroin prevention
and treatment, I was honored to present a check for more than $150,000
in Department of Justice funds to the members of the Burlington club to
continue helping young Vermonters find some constructive alternatives
for both their talents and energies, because we know that in Vermont
and across the Nation Boys and Girls Clubs are proving they are a
growing success at preventing crime and supporting young children.
Parents, educators, law enforcement officers, and others know we need
safe havens where young people can learn and grow up free from the
influence of the drugs and gangs and crime. That is why the Boys and
Girls Clubs are so important to our Nation's children. Indeed, the
success already in Vermont has led to efforts to create nine more clubs
throughout my home State. Continued Federal support would be critical
to these expansion efforts in Vermont and in the other 49 States as
well.
Title II and III is the Drug Abuse Education, Prevention, and
Treatment Act of 2001. I am pleased that we have included in this
package the version of S. 304 that the Judiciary Committee passed
unanimously on November 29. This legislation ushers in a new,
bipartisan approach to our efforts to reduce drug abuse in the United
States. It was introduced by Senator Hatch and I in February. Senator
Hatch held an excellent hearing on the bill in March, the Judiciary
Committee has approved it, and the full Senate should follow the
Committee's lead. This is a bill that is embraced by Democrats and
Republicans alike, as well as law enforcement officers and drug
treatment providers.
I have wanted to pass legislation like this for years. This
legislation provides a comprehensive approach to reducing drug abuse in
America. I hope that the innovative programs established by this
legislation will assist all of our States in their efforts to address
the drug problems that most affect our communities.
No community or State is immune from the ravages of drug abuse.
Earlier this year, I held two town meetings up in Vermont to talk about
the most pressing drug problem in my State: heroin. Vermont has
historically had one of the lowest crime rates in the nation, but we
are experiencing serious troubles because of drug abuse. I was pleased
that so many Vermonters--parents, students, teachers, and concerned
community members, as well as professionals from our State's
prevention, treatment, and enforcement communities--took time out of
their busy schedules to discuss the way Vermont's heroin problem
affects their lives. They have informed my thinking on these issues and
rededicated me to reducing the scourge of drug abuse throughout our
nation.
This bill will provide necessary assistance to Vermont and every
other State. It contains numerous grant programs to aid States and
local communities in their efforts to prevent and treat drug abuse. Of
particular interest to Vermonters, S. 304 establishes drug treatment
grants for rural States and authorizes money for residential treatment
centers for mothers addicted to heroin, methamphetamines, or other
drugs.
This legislation also will help States and communities reduce drug
use in prisons through testing and treatment. This is an effort I
proposed in the Drug Free Prisons Act, which I introduced in the last
Congress. It will fund programs designed to reduce recidivism through
drug treatment and other services for former prisoners after release.
As Joseph Califano, Jr., the president of the Center on Addiction and
Substance Abuse and former secretary of the Department of Health,
Education, and Welfare, told the National Press Club in January. ``The
next great opportunity to reduce crime is to provide treatment and
training to drug and alcohol abusing prisoners who will return to a
life of criminal activity unless they leave prison substance free and,
upon release, enter treatment and continuing aftercare.'' This
legislation will accomplish both of those goals. In addition, this bill
will authorize drug courts--another step I proposed in the Drug Free
Prisons Act--and juvenile drug courts.
Through this legislation, we extend food stamps to people who are
ineligible under current law due to a past drug offense, but have
completed or are enrolled in drug treatment. Senator Hatch and I wanted
to go further, and the Judiciary Committee approved language that would
have also extended food stamps to those who were pregnant, seriously
ill, or had dependent children. At Senator Kyle's insistence, those
provisions have regrettably been removed from this amendment.
This legislation also includes a grant program to assist State and
local law enforcement in developing new ways to
[[Page S14074]]
fight crime. This National Comprehensive Crime-Free Communities Act
will provide funding for 250 communities, including at least one from
every State, to support crime prevention efforts. It also provides
funding for each State to assist local communities by, among other
things, providing training and technical assistance in preventing
crime.
Our bipartisan bill, S. 304, represents a major step forward for our
drug policy. It is a bill that has been very important to Senator
Hatch, and it has been very important to me. I think it will greatly
benefit Vermonters, and citizens of every State, and I urge the Senate
to give this bill its full support.
Title IV is similar to S. 1315, the Judicial Improvement and
Integrity Act of 2001, introduced by myself and Senator Hatch, to
protect witnesses who provide information on criminal activity to law
enforcement officials by increasing maximum sentences and other
improvements to the criminal code.
This title would do a number of things, such as:
No. 1. Protect witnesses who come forward to provide information on
criminal activity to law enforcement officials by increasing maximum
sentences where physical force is actually used or attempted on the
witness;
No. 2. Eliminate a loophole in the criminal contempt statute that
allows some defendants to avoid serving prison sentences imposed by the
Court;
No. 3. Eliminate a loophole in the statute of limitations that makes
some defendants immune from further prosecution if they plead guilty
then later get their plea agreements vacated;
No. 4. Grant the government the clear right to appeal the dismissal
of a part of a count of an indictment, such as a predicate act in a
RICO count;
No. 5. Insure that courts may impose appropriate terms of supervised
release in drug cases;
No. 6. Give the District Courts greater flexibility in fashioning
appropriate conditions of release for certain elderly prisoners; and
No. 7. Clarify the District Court's authority to revoke or modify a
term of supervised release when the defendant willfully violates the
obligation to pay restitution to the victims of the defendant's crime.
The only difference between this amendment and the earlier bill which
was cosponsored by Senator Hatch is additional language in the
provision dealing with newly imposed terms of supervised release for
certain elderly prisoners. The new language would limit such new terms
to the unserved portion of the prison term which the judge is
considering amending. I thank Senator Hatch for his assistance on this
legislation.
Title V is the Criminal Law Technical Amendments Act, which makes
clerical and other technical amendments to title 18, United States
Code, and other laws relating to crime and criminal procedure and is
similar to H.R. 2137 as passed by the House of Representatives by 374-0
vote. I commend Chairman Sensenbrenner and Senator Hatch for their
leadership on this technical corrections legislation.
Title VI clarifies that an attorney for the Federal Government may
provide legal advice and supervision on certain undercover activities
for the purpose of investigating terrorism. Title VI of the bill
modifies the McDade law, 28 U.S.C. 530B, which was included in the
omnibus appropriations bill at the end of the 105th Congress. The
McDade law was intended to codify the principle--with which I strongly
agree--that the Justice Department may not unilaterally exempt its
lawyers from State ethics rules that apply to all members of the bar.
Unfortunately, the McDade law has had serious unintended consequences
for Federal law enforcement, delaying important criminal
investigations, preventing the use of effective and traditionally
accepted investigative techniques, and serving as the basis of
litigation to interfere with legitimate federal prosecutions.
Of particular concern, the McDade law is wreaking havoc on law
enforcement efforts in Oregon, where an attorney ethics decision by the
State Supreme Court--In re Gatti, 330 Or. 517 (2000)--has resulted in a
complete shutdown of all undercover activity. The loss of this
essential crime-fighting tool poses a serious and continuing problem
for law enforcement in that State, and threatens to hamstring
investigations into all manner of criminal activity, including
terrorism.
I have introduced a bill, together with Senators Hatch and Wyden,
that would remedy the problems caused by the McDade law while adhering
to its basic premise: The Department of Justice does not have the
authority it long claimed to write its own ethics rules. The proposed
legislation, S. 1437, would clarify the ethical standards governing the
conduct of government attorneys and address the most pressing
contemporary question of government attorney ethics--namely, the
question of which rule should govern government attorneys'
communications with represented persons. The Senate approved S. 1437 on
October 11, 2001, as part of a broader antiterrorism bill (S. 1510),
but the House dropped this reasonable corrective legislation from the
final antiterrorism package (H.R. 3162).
Title VI of Division B of the bill that the Senate passes today is a
subset of S. 1437, which will restore to Federal law enforcement in
Oregon the ability to use undercover techniques to investigate
terrorist activities. This legislation is a much-needed step in the
right direction; however, it is hardly a complete solution for the many
serious problems caused by the McDade law. At a time when we need our
Federal agents and prosecutors to move quickly to catch those
responsible for the recent terrorist attacks, and to prevent further
attacks, we need to address these problems in a thorough and
comprehensive manner. I therefore urge my colleagues in the House both
to approve title VI of this bill, and to consider the other provisions
of S. 1437. We cannot afford to wait until more investigations are
compromised.
Title VII contains amendments, authored by Senator Sessions, that
modify the Paul Coverdell National Forensic Science Improvement Act of
2000 (P.L. 106-561) to enhance participation by local crime labs and to
allow for DNA backlog elimination. Dr. Eric Buel, the Director of the
Vermont Forensic Laboratory, has written to me to endorse these changes
to the Coverdell Act, which I was proud to cosponsor last year. I
support this title to help bring the necessary forensic technology to
all states to improve their criminal justice systems.
Title VIII contains the Ecstasy Prevention Act, authored by Senator
Graham, which authorizes several Department of Justice grant programs
to combat Ecstasy drug abuse. I commend Senator Graham for his
leadership in fighting Ecstasy use.
I look forward to working with Senator Hatch, Congressman
Sensenbrenner and Congressman Conyers and other members of the upcoming
conference to bring the important business of re-authorizing the
Department back before the Senate and House Judiciary Committees.
Clearly, regular reauthorization of the Department should be part and
parcel of the Committees' traditional role in overseeing the
Department's activities. Swift passage into law of the 21st Century
Department of Justice Appropriations Authorization Act will be a
significant step toward restoring our oversight role.
Mr. HATCH. Mr. President, I rise to commend my colleagues today for
the passage of the 21st Century Department of Justice Appropriations
Authorization Act. This legislation contains a host of provisions that
are critical to law enforcement and to our efforts to combat illegal
drug use. Let me take a moment to discuss some of them in more detail.
This provision establishes operating authority for the Department of
Justice and expressly authorizes some practices that have developed at
the Department of Justice on an ad hoc basis. Pursuant to the
legislation, DOJ activities may be carried out through any means in the
reasonable discretion of the Attorney General, including by sending or
receiving details of personnel to or from other branches of the
Government and through contracts, grants, or cooperative agreements
with non-Federal parties.
The legislation ensures accountability by directing the Attorney
General to provide annually to the House and Senate Judiciary and
Appropriations Committees: (1) a report detailing every grant,
cooperative agreement, or programmatic services contract that was made,
entered into,
[[Page S14075]]
awarded, or extended in the immediately preceding fiscal year by or on
behalf of the Office of Justice Programs; and (2) a report identifying
and reviewing every grant, agreement, or contract that was closed out
or otherwise ended in the immediately preceding fiscal year. The bill
also enhances oversight over the FBI by requiring the Inspector General
of DOJ to appoint a Deputy Inspector General for the FBI who shall be
responsible for supervising independent oversight of FBI programs and
operations until September 30, 2004, and submitting to Congress a plan
for FBI oversight.
The legislation also assists our ongoing war against terrorism. It
establishes in the U.S. Treasury a Counterterrorism Fund to reimburse
DOJ for certain counter-terrorism activities and Federal departments or
agencies for the cost of detaining accused terrorists in foreign
countries.
The bill enhances the privacy rights of law-abiding Americans by
directing the Attorney General and the FBI Director to report on their
use the DCS 1000, or ``Carnivore'' surveillance system. The report will
include the number of times the system was used for surveillance during
the preceding year, the persons who approved its use, the criteria
applied to requests for its use, and any information gathered or
accessed that was not authorized by the court to be gathered or
accessed. Many concerns have been raised about the use of this system,
and it is my hope that the reporting requirement will provide
policymakers with valuable information and encourage Department to use
the system responsibly.
The bill amends the Omnibus Crime Control and Safe Streets Act of
1968 to establish within the Department of Justice a Violence Against
Women Office. With this amendment, the Director of the Office
currently--Diane Stuart--will: (1) serve as special counsel to the
Attorney General on the subject of violence against women; (2) maintain
a liaison with the judicial branches of the Federal and State
governments on related matters; (3) provide information to the Federal,
State and local governments and the general public on related matters;
(4) upon request, serve as the DOJ representative on domestic task
forces, committees, or commissions addressing related policies or
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