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[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 
issues and as the U.S. Government representative on human rights and 
economic justice matters related to violence against women in 
international forums; (5) carry out DOJ functions under the Violence 
Against Women Act of 1994 and other DOJ functions on related matters; 
and (6) provide technical assistance, coordination, and support to 
other elements of DOJ and to other Federal, State, and tribal agencies 
in efforts to develop policy and to enforce Federal laws relating to 
violence against women.
  The legislation authorizes Department of Justice grants to establish 
4,000 Boys and Girls Clubs across the country before January 1, 2007. 
As my colleagues know, for years these clubs have steered thousands of 
our young people away from lives of drugs and crime. I am pleased that 
we are able to expand this excellent program to serve other needy young 
people.
  The legislation also contains S. 304, the ``Drug Abuse Education, 
Prevention, and Treatment Act of 2001,'' which I authored with Chairman 
Leahy and a bipartisan group of Senators in an effort to shore up our 
national commitment to the demand reduction component of our national 
drug control strategy.
  Each year, drug abuse exacts an enormous toll on our nation. I am 
increasingly alarmed that the drug epidemic in America continues to 
worsen, with more of our youth experimenting with and becoming addicted 
to illegal drugs. According to recent national surveys, youth drug use, 
particularly use of so-called ``club drugs,'' such as Ecstasy and GHB, 
tragically is again on the rise. Over the past two years, use of 
ecstasy among 12th graders increased dramatically. Hearings I held last 
year in Utah highlighted the extent the drug problem pervades not just 
our major cities, but our entire country.
  This dangerous trend is not going to reverse course unless we attack 
the drug abuse problem from all angles. I agree fully with President 
Bush that while we must remain steadfast in our commitment to enforcing 
our criminal laws against drug trafficking and use, the time has come 
to invest in demand reduction programs that have been proven effective. 
Only through such a balanced approach can we fully remove the scourge 
of drugs from our society.
  The provisions of this bill provide tools that will make a difference 
in the fight against drug abuse. It has broad, bipartisan support on 
Capitol Hill, as well as the support of numerous distinguished law 
enforcement groups, including the Fraternal Order of Police and the 
National Sheriff's Association. Several mainstream prevention and 
treatment organizations have also voiced their support for the bill, 
including the Phoenix House, the National Crime Prevention Council, and 
the Community Anti-Drug Coalitions of America.
  This title is similar to S. 1315, the Judicial Improvement and 
Integrity Act of 2001, which I introduced with Senator Leahy to protect 
witnesses who provide information on criminal activity to law 
enforcement officials by increasing maximum sentences and other 
improvements to the criminal code.
  The legislation contains provisions from the Professional Standards 
for Government Attorneys Act of 2001 that will allow Government 
attorneys, for the purpose of conducting terrorism investigations, to 
provide legal advice, authorization, concurrence, direction, or 
supervision on conducting covert activities and to participate in such 
activities, even though such activities may require the use of deceit 
or misrepresentation. The Senators from the State of Oregon, Gordon 
Smith and Ron Wyden, deserve the appreciation of the federal 
prosecutors in their state for insisting that this provision be 
included in this legislation.
  Finally, the bill includes Senator Graham's Ecstasy Prevention Act of 
2001. The Ecstasy Prevention Act requires the Substance Abuse and 
Mental Health Services Administration to give priority in the award of 
grants to communities that have taken measures to combat club drug use, 
including passing ordinances restricting ``rave clubs,'' increasing law 
enforcement on ecstasy, and seizing lands under nuisance abatement laws 
to prevent the abuse of ecstasy. It requires the Office of National 
Drug Control Policy to use High Intensity Drug Trafficking Area funds 
to combat trafficking in ecstasy, and ensures that drug prevention 
media campaigns include efforts at preventing ecstasy abuse. These 
provisions are extremely important to address the rising threat of 
ecstasy use among the young people in our society.
  Mr. President, not surprisingly, this comprehensive legislation has 
broad support not only from my colleagues, but also from law 
enforcement, community groups, and treatment organizations. This is 
truly bipartisan legislation that we all agree will do a great deal of 
good. I again want to thank my colleagues for passing this legislation 
today. I yield the floor.
  Mr. REID. Mr. President, I ask unanimous consent that the Leahy-Hatch 
amendment, which is at the desk, be agreed to, the committee substitute 
amendment, as amended, be agreed to, the act, as amended, be read a 
third time and passed, and the motion to reconsider be laid on the 
table, and that any statements relating thereto be printed in the 
Record; further, that the Senate insist on its amendment and request a 
conference with the House on the disagreeing votes of the two Houses, 
and the Chair be authorized to appoint conferees on the part of the 
Senate.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The amendment (No. 2697) was agreed to.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted and Proposed.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (H.R. 2215), as amended, was passed.
  The PRESIDENT pro tempore appointed Mr. Leahy, Mr. Kennedy, and Mr. 
Hatch conferees on the part of the Senate.
  Mr. REID. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of H.R. 3447.
  The PRESIDENT pro tempore. The clerk will report the bill by title.

[[Page S14076]]

  The legislative clerk read as follows:

       A bill (H.R. 3447) to amend title 38, United States Code, 
     to enhance the authority of the Secretary of Veterans Affairs 
     to recruit and retain qualified nurses for the Veterans 
     Health Administration, to provide an additional basis for 
     establishing the inability of veterans to defray expenses of 
     necessary medical care, to enhance certain health care 
     programs of the Department of Veterans Affairs, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. ROCKEFELLER. Mr. President, as Chairman of the Committee on 
Veterans' Affairs, I urge prompt Senate passage of H.R. 3447, the 
Department of Veterans Affairs Health Care Programs Enhancement Act of 
2001. This bill passed the House on December 11, 2001, and our action 
will clear the measure for the President's signature. This bill 
reflects a compromise agreement that the Senate and House Committees on 
Veterans' Affairs have reached on a number of health-related bills 
considered in the Senate and House during the 107th Congress, 
including: a bill to help VA respond to the looming nurse crisis; a 
bill to extend health care for Persian Gulf War veterans; and a bill to 
improve specialized treatment and rehabilitation for disabled veterans.
  The centerpiece of this bill are provisions to improve recruitment 
and retention of VA nurses. On June 14, 2001, the Committee on 
Veterans' Affairs held a hearing to explore reasons for the imminent 
shortage of professional nurses in the United States and how this 
shortage will affect health care for veterans served by Department of 
Veterans Affairs' health care facilities.
  Several registered nurses, including Sandra McMeans from my state of 
West Virginia, testified before the Committee that unpredictable and 
dangerously long working hours lead to nurses' fatigue and 
frustration--and patient care suffers.
  Following this hearing, I joined with Senators Specter and Cleland to 
introduce the Department of Veterans Affairs Nurse Recruitment and 
Retention Enhancement Act of 2001, S. 1188. This bill was included in 
full in S. 1188 as reported on October 10, 2001, the Department of 
Veterans Affairs Medical Programs Enhancement Act of 2001, and all of 
the provisions are now included in H.R. 3447.
  I will highlight a number of the provisions included in the pending 
measure and refer my colleagues to the joint explanatory statement on 
the legislation which I will insert at the end of my remarks, for more 
detail.
  The legislation before us includes a requirement that VA produce a 
policy on staffing standards in VA health care facilities. Such a 
policy shall be developed in consultation with the VA Under Secretary 
for Health, the Director of VA's National Center for Patient Safety, 
and VA's Chief Nurse. While it is up to VA to develop the standards, 
the policy must consider the numbers and skill mix required of staff in 
specific medical settings, such as critical care and long-term care. I 
thank J. David Cox, R.N. from the American Federation of Government 
Employees for eloquently demonstrating the need for this critical 
provision at our June hearing.
  Because mandatory overtime was frequently cited at the Committee's 
June hearing as being of serious concern, the legislation also includes 
a requirement that the Secretary report to the House and Senate 
Committees on Veterans' Affairs on the use of overtime by licensed 
nursing staff and nursing assistants in each facility. This is a 
critical first step in determining what can be done to reduce the 
amount of mandatory overtime.
  In terms of providing sufficient pay, the pending legislation 
mandates that VA provide Saturday premium pay to certain health 
professionals. This group of professionals includes licensed practical 
nurses (LPN's), certified or registered respiratory therapists, 
licensed physical therapists, licensed vocational nurses, pharmacists, 
and occupational therapists. These workers are known as ``hybrids'' as 
they straddle two different personnel authorities--titles 38 and 5 of 
the United States Code. Hybrid status allows for direct hiring and a 
more flexible compensation system.
  This is an issue of equity, especially for LPN's who work alongside 
other nurses on Saturdays. When LPN's who do not receive Saturday 
premium pay must work together with registered nurses (RN's) who do, 
poor morale inevitably results. Being aware of the looming nurse 
shortage, we should be doing all we can to improve VA's ability to 
recruit and retain these caregivers.
  Currently, hospital directors have the discretion to provide Saturday 
premium pay. But of the 17,000 hybrid employees, 8,000 are not 
receiving the pay premium.
  I believe this change in law will make pay more consistent and fair 
for our health care workers. There are other VA health care employees 
who are employed under the title 5 personnel system who are not 
affected by this change. But since the title 5 system is not under the 
Veterans' Affairs Committee jurisdiction, we were not able to address 
Saturday pay for these workers. However, because of concerns about 
those workers, I pledge to work with my colleagues on other committees 
to provide other title 5 workers with Saturday premium pay.
  Programs initiated within VA to improve conditions for nurses and 
patients have focused on issues other than staffing ratios, pay, and 
hours. A highly praised scholarship program that I spearheaded in 1998 
allows VA nurses to pursue degrees and training in return for their 
service, thus encouraging professional development and improving the 
quality of health care. Included within the legislation before us are 
modifications to the existing scholarship and debt reduction programs. 
These changes are intended to improve the programs by providing 
additional flexibility to recipients.
  In the Upper Midwest, the special skills of nurses and nurse 
practitioners are being recognized in clinics that provide supportive 
care close to the veterans who need it. The legislation before us seeks 
to encourage more nurse-managed clinics and also includes a requirement 
that VA evaluate these clinics.

  The legislation before us would amend the treatment of part-time 
service performed by certain title 38 employees prior to April 7, 1986, 
for purposes of retirement credit. Currently, part-time service 
performed by title 5 employees prior to April 7, 1986, is treated as 
full-time service; however, title 38 employees' part-time services 
prior to April 7, 1986, is counted as part-time service and therefore 
results in lower annuities for these employees. In order to rectify 
this, the pending measure exempts registered nurses, physician 
assistants, and expanded-function dental auxiliaries from the 
requirement that part-time service performed prior to April 7, 1986, be 
prorated when calculating retirement annuities.
  Although the nursing crisis has not yet reached its projected peak, 
the shortage is already endangering patient safety in the areas of 
critical and long-term care, where demands on nurses are greatest. We 
must encourage higher enrollment in nursing schools, improve the work 
environment, and offer nurses opportunities to develop as respected 
professionals, while taking steps to ensure safe staffing levels in the 
short-term.
  In addition to the many important changes for nurses, this bill also 
contains other significant health care provisions. For example, the 
legislation would enable the Department of Veterans Affairs to allow 
hearing-impaired veterans and veterans with spinal cord injury or 
dysfunction, in addition to blind veterans, to obtain service dogs to 
assist them with everyday activities.
  This bill would also establish a VA chiropractic program in each of 
the VA's health care networks. A chiropractic advisory committee will 
be established for the purpose of advising the Secretary in the 
development and implementation of the chiropractic program. The 
Secretary will provide protocols governing referrals, direct access, 
chiropractic scope of practice, and definition of chiropractic 
services, which will be available to all veterans enrolled in the VA 
health care system. I thank our Majority Leader, Senator Daschle, for 
his leadership in shaping this new landmark chiropractic program within 
the Department of Veterans Affairs.
  Another important provision of this bill would help ``near poor'' 
veterans living in high cost-of-living areas, by significantly reducing 
VA copayments for hospital inpatient care. For those

[[Page S14077]]

veterans whose family incomes fall between the VA's current means test 
level and the Department of Housing and Urban Development low income 
index for the area of their primary residence, the current inpatient 
copayments would be reduced by 80 percent. This is a significant step 
in reducing the inequities imposed on those veterans in high cost-of-
living areas.
  Another very important provision of this bill authorizes $28.3 
million for a much needed repair project at the Miami VA medical 
center. Three years ago there was a devastating fire that destroyed the 
electrical plant at the medical center, and this project is desperately 
needed.
  As has been the case in previous years and is particularly important 
in light of our country's current military actions, this legislation 
truly represents a bipartisan commitment to our Nation's veterans. I 
particularly recognize the hard work of Kim Lipsky and Mickey Thursam 
of the Democratic staff of the Committee on Veterans' Affairs; Bill 
Cahill of the Republican staff of the Committee; Tamera Jones of 
Senator Cleland's staff, and John Bradley, Kimberly Cowins, and Susan 
Edgerton of the House Veterans' Affairs Committee in seeing this bill 
through the legislative process.
  In conclusion, I believe that this bill represents a real step 
forward for veterans and for the health care system which veterans turn 
to for care. I urge my colleagues to support this important piece of 
health care legislation for our veterans.
  I ask unanimous consent that the text of the compromise agreement and 
a joint explanatory statement on the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     Summary--Department of Veterans Affairs Health Care Programs 
                        Enhancement Act of 2001

       The bill, H.R. 3447, passed the House on December 11, 2001, 
     and reflects a compromise agreement stemming from S. 1188, 
     the ``Department of Veterans Affairs Nurse Recruitment and 
     Retention Act of 2001'', as originally introduced; S. 1160; 
     S. 1221; and H.R. 2792.


                         summary of provisions

       The following is a summary of the provisions in the 
     Proposed ``Department of Veterans Affairs Health Care 
     Programs Enhancement Act of 2001'':

  TITLE I-- ENHANCEMENT OF NURSE RECRUITMENT AND RETENTION AUTHORITIES

                  Subtitle A--Recruitment Authorities

       Employee Incentive Scholarship and Education Debt Reduction 
     Programs: Enhances eligibility and benefits for the programs 
     by enabling nurses to pursue advanced degrees while 
     continuing to care for patients, in order to improve 
     recruitment and retention of nurses within the VA health care 
     system.

                   Subtitle B--Retention Authorities

       Saturday Premium Pay: Mandates that VA provide Saturday 
     premium pay to title 5/title 38 hybrids. Such hybrids include 
     licensed practical nurses, pharmacists, certified or 
     registered respiratory therapists, physical therapists, and 
     occupational therapists.
       Staffing Standards and Mandatory Overtime: Requires VA to 
     develop a nationwide policy on staffing standards to ensure 
     that veterans are provided with safe and high quality care, 
     taking into consideration the numbers and skill mix required 
     of staff in specific medical settings. Requires a report on 
     the use of mandatory overtime by licensed nursing staff and 
     nursing assistants in each facility. The report would include 
     a description of the amount of mandatory overtime used by 
     facilities.

                 Subtitle C--Other Nursing Authorities

       Retirement Annuities for RNs, PAs, and Others: Exempts 
     registered nurses, physician assistants, and expanded-
     function dental auxiliaries from the requirement that part-
     time service performed prior to April 7, 1986, be prorated 
     when calculating retirement annuities.

             Subtitle D--National Commission on VA Nursing

       Establishes a 12-member Commission on VA Nursing that would 
     assess legislative and organizational policy changes to 
     enhance the recruitment and retention of nurses by the 
     Department, and the future of the nursing profession within 
     the Department, and recommend legislative and organization 
     policy changes to enhance the recruitment and retention of 
     nurses in the Department.

                        TITLE II--OTHER MATTERS

       Service Dogs: Authorizes VA to provide certain disabled 
     veterans with service dogs to assist them with everyday 
     activities.
       Means Test: Retains the current-law means test national 
     income threshold and maintains current allocation methodology 
     (known as VERA), but will reduce copayments by 80% for near-
     poor veterans who require acute VA hospital inpatient care.
       Chiropractic Care: Establishes a program of chiropractic 
     services in VA healthcare facilities in each of the Veterans 
     Integrated Service Networks and requires VA to provide 
     training and educational materials on chiropractic services 
     to VA health care providers. Also creates an advisory 
     committee to oversee the implementation of this provision.
       Clinical Research Oversight Funding: Authorizes VA to fund 
     its field Offices of Research Compliance and Assurance from 
     the Medical Care appropriation, rather than from the research 
     budget.
       Emergency Construction Project for the Miami VA Hospital: 
     Authorizes a $28,300,000 emergency electrical project.
       Health Care for Persian Gulf War Veterans: Extends VA's 
     authority to provide health care for those who served in the 
     Persian Gulf until December 31, 2002.


                      joint explanatory statement

       The ``Department of Veterans Affairs Health Care Programs 
     Enhancement Act of 2001'' reflects a compromise agreement 
     that the Senate and House of Representatives Committees on 
     Veterans' Affairs reached on certain provisions of a number 
     of bills considered by the House and Senate during the 107th 
     Congress, including: H.R. 2792, a bill to make service dogs 
     available to disabled veterans and to make various other 
     improvements in health care benefits provided by the 
     Department of Veterans Affairs, and for other purposes, by 
     the House Committee on Veterans' Affairs on October 16, 2001, 
     and passed by the House on October 23, 2001 [hereinafter, 
     ``House Bill'']; S. 1188, a bill to enhance the authority of 
     the Secretary of Veterans' Affairs to recruit and retain 
     qualified nurses for the Veterans Health Administration, and 
     for other purposes, reported by the Senate Committee on 
     Veterans' Affairs on October 10, 2001, as proposed to be 
     amended by a manager's amendment [hereinafter, ``Senate 
     Bill'']; S. 1576, a bill to amend section 1710 of title 38, 
     United States Code, to extend the eligibility for health care 
     of veterans who served in Southwest Asia during the Persian 
     Gulf War; and, S. 1598, a bill to amend section 1706 of title 
     38, United States Code, to enhance the management of the 
     provision by the Department of Veterans Affairs of 
     specialized treatment and rehabilitation for disabled 
     veterans, and for other purposes, introduced on October 21, 
     2001.
       The House and Senate Committees on Veterans' Affairs have 
     prepared the following explanation of the compromise bill, 
     H.R. 3447 (hereinafter referred to as the ``Compromise 
     Agreement''). Differences between the provisions contained in 
     the Compromise Agreement and the related provisions in the 
     bills listed above are noted in this document, except for 
     clerical corrections and conforming changes made necessary by 
     the Compromise Agreement, and minor drafting, technical, and 
     clarifying changes.

  TITLE I--ENHANCEMENT OF NURSE RECRUITMENT AND RETENTION AUTHORITIES

               Subtitle A--Nurse Recruitment Authorities

     Current Law
       Several VA programs under existing law are designed to aid 
     the Department in recruiting qualified health care 
     professionals in fields where scarcity and high demand 
     produce competition with the private sector. The Department 
     is authorized to operate the Employee Incentive Scholarship 
     Program (hereafter EISP) under section 7671 of title 38, 
     United States Code. Under the EISP, VA may award scholarship 
     funds, up to $10,000 per year per participant in full-time 
     study, for up to 3 years. These scholarships require 
     eligible participants to reciprocate with periods of 
     obligated service to the Department. Currently, enrollment 
     in the scholarship program is limited to employees with 2 
     or more antecedent years of VA employment. Statutory 
     authority for this program terminates December 31, 2001.
       The Department is authorized to operate the Education Debt 
     Reduction Program (hereafter EDRP) under section 7681 of 
     title 38, United States Code. Under the EDRP, the Department 
     may repay education-related loans incurred by recently hired 
     VA clinical professionals in high demand positions. Statutory 
     authority for this program, a program not yet implemented by 
     the Department, terminates on December 31, 2001. If 
     implemented, the program would authorize VA to repay $6,000, 
     $8,000, and $10,000 per year, respectively, over a 3-year 
     period, in combined principal and interest on educational 
     loans obtained by scarce VA professionals.
       Under sections 8344 and 8468 of title 5, United States 
     Code, the Department is authorized to request waivers of the 
     pay reduction otherwise required by law for re-employed 
     Federal annuitants who are recruited to the Department in 
     order to meet staffing needs in scarce health care 
     specialties.
     Senate Bill
       Section 111 would permanently authorize the EISP; reduce 
     the minimum period of employment for eligibility in the 
     program from 2 years to 1 year; remove the award limit for 
     education pursued during a particular school year by a 
     participant, as long as the participant had not exceeded the 
     overall limitation of the equivalent of 3 years of full-time 
     education; and, extend authority to increase the award 
     amounts based on Federal national comparability increases in 
     pay.
       Section 112 would permanently authorize the EDRP; expand 
     the list of eligible occupations furnishing direct patient 
     care services

[[Page S14078]]

     and services incident to such care to veterans; extend the 
     number of years to 5 that a Departmental employee may 
     participate in the EDRP, and increase the gross award limit 
     to any participant to $44,000, with the award payments for 
     the fourth and fifth years to a participant limited to 
     $10,000 in each; and provide limited authority (until June 
     30, 2002) for the Secretary to waive the eligibility 
     requirement limiting EDRP participation to recently appointed 
     employees on a case-by-case basis for individuals appointed 
     on or after January 1, 1999, through December 30, 2001.
       Section 113 would require the Department to report to 
     Congress its use of the authority in title 5, United States 
     Code, to request waivers of pay reduction normally required 
     from re-employed Federal annuitants, when such requests 
     are used to meet its nurse staffing requirements.
     House Bill
       The House bill has no comparable provisions.
     Compromise Agreement
       Section 101, 102, and 103 follow the Senate language.

                Subtitle B--Nurse Retention Authorities

     Current Law
       Section 7453(c) of title 38, United States Code, guarantees 
     premium pay (at 25 percent over the basic pay rate) to VA 
     registered nurses who work regularly scheduled tours of duty 
     during Saturdays and Sundays. However, licensed vocational 
     nurses and certain health care support personnel, whose 
     employment status is grounded in employment authorities in 
     title 5 and title 38, United States Code, are eligible for 
     premium pay on regularly scheduled tours of duty that include 
     Sundays. Saturday premium pay for these employees is a 
     discretionary decision at individual medical facilities.
       At retirement, VA registered nurses enrolled in the Civil 
     Service Retirement System receive annuity credit for unused 
     sick leave. This credit is unavailable, however, for 
     registered nurses who retire under the Federal Employee 
     Retirement System.
     Senate Bill
       Section 121 would mandate that VA provide Saturday premium 
     pay to employees specified in Section 7454(b).
       Section 122 would extend authority for the Department to 
     provide VA nurses enrolled in the Federal Employee Retirement 
     System the equivalent sick-leave credit in their retirement 
     annuity calculations that is provided to other VA nurses who 
     are enrolled in the Civil Service Retirement System.
       Section 123 would require the Department to evaluate nurse-
     managed clinics, including those providing primary and 
     geriatric care to veterans. Several nurse-managed clinics are 
     in operation throughout the VA health care system, with a 
     preponderance of clinics operating in the Upper Midwest 
     Health Care Network. The evaluation would include 
     information on patient satisfaction, provider experiences, 
     cost, access and other matters. The Secretary would be 
     required to report results from this evaluation to the 
     Committees on Veterans' Affairs 18 months after enactment.
       Section 124 would require the Department to develop a 
     nationwide clinical staffing standards policy to ensure that 
     veterans are provided with safe and high quality care. 
     Section 8110 of title 38, United States Code, sets forth the 
     manner in which medical facilities shall be operated, but 
     does not include reference to staffing levels for such 
     operation.
       Section 125 would require the Secretary to submit annual 
     reports on exceptions approved by the Secretary to VA's nurse 
     qualification standards. Such reports would include the 
     number of waivers requested and granted to permit promotion 
     of nurses who do not have baccalaureate degrees in nursing, 
     and other pertinent information.
       Section 126 would require the Department to report 
     facility-specific use of mandatory overtime for professional 
     nursing staff and nursing assistants during 2001. The 
     Department has no nationwide policy on the use of mandatory 
     overtime. This report would be required within 180 days of 
     enactment. The report would include information on the amount 
     of mandatory overtime paid by VA health care facilities, 
     mechanisms employed to monitor overtime use, assessment of 
     any ill effects on patient care, and recommendations on 
     preventing or minimizing its use.
     House Bill
       The House bill has no comparable provisions.
     Compromise Agreement
       Sections 121, 122, 123, 124, 125, and 126 are identical to 
     the provisions in the Senate bill.
       The Committees are concerned about VA's current national 
     policy requiring VA nurses to achieve baccalaureate degrees 
     as one means of quality assurance. VA has issued directive 
     5012.1, a directive that requires VA's registered nurses to 
     obtain baccalaureate degrees in nursing as a precondition to 
     advancement beyond entry level, and to do so by 2005. This 
     policy is effective immediately for newly employed nurses.
       At a time of looming crisis in achieving adequacy of basic 
     clinical staffing of VA facilities, the Committees express 
     concern over whether such a policy guiding 
     nurse qualifications may work against VA's interests and 
     responsibilities to protect the safety of its patients by 
     creating unintended shortages of scarce health personnel. 
     The Committees urge the Secretary to consider the 
     implications of continuing such a policy in the face of 
     future shortages of nursing personnel. The American 
     Association of Community Colleges has reported that, each 
     year, more than 60 percent of new US registered nurses are 
     produced in two-year associate degree programs. The 
     Department's current qualification standard for registered 
     nurses may dissuade these fully licensed health care 
     professionals from considering VA employment.

                     Subtitle C--Other Authorities

     Current Law
       Section 7306(a)(5) of title 38, United States Code, 
     requires that the Office of the Under Secretary for Health 
     include a Director of Nursing Service, responsible to the 
     Under Secretary for Health.
       Section 7426 of title 38, United States Code, provides 
     retirement rights for, among others, nurses, physician 
     assistants and expanded-function dental auxiliaries with 
     part-time appointments. These employees' retirement annuities 
     are calculated in a way that produces an unfair loss of 
     annuity for them compared to other Federal employees. 
     Congress has made a number of efforts since 1980 to provide 
     equity for this group, many members of whom are now retired. 
     These individuals, appointed to their part-time VA positions 
     prior to April 6, 1986, under the employment authority of 
     title 38, United States Code, have been penalized with lower 
     annuities by subsequent Acts of Congress that addressed 
     retirement annuity calculation rules for other part-time 
     Federal employees appointed under the authority of title 5, 
     United States Code.
       Section 7251 of title 38, United States Code, authorizes 
     the directors of VA health care facilities to request 
     adjustments to the minimum rates of basic pay for nurses 
     based on local variations in the labor market.
     Senate Bill
       Section 131 would amend section 7306(a)(5) of title 38, 
     United States Code, to elevate the office of the VA Nurse 
     Executive by requiring that official to report directly to 
     the VA Under Secretary for Health.
       Section 132 would amend section 7426 of title 38, United 
     States Code, to exempt registered nurses, physician 
     assistants, and expanded-function auxiliaries from the 
     requirement that part-time service performed prior to April 
     7, 1986, be prorated when calculating retirement annuities.
       Section 133 would modify the nurse locality-pay authorities 
     and reporting requirements. The section would clarify and 
     simplify a VA medical center's use of Bureau of Labor 
     Statistics (BLS) information to facilitate locality-pay 
     decisions for VA nurses. Additionally, section 133 would 
     clarify the Committees' intent on steps VA facilities would 
     take when certain BLS date were unavailable, thus serving as 
     a trigger for the use of third-party survey information, and 
     thereby reducing current restrictions on the use of such 
     surveys.
     House Bill
       The House bill contains no comparable provisions.
     Compromise Agreement
       Section 131, 132, and 133 follow the Senate bill.

             Subtitle D--National Commission on VA Nursing

     Current Law
       None.
     House Bill
       Section 301 would establish a 12-member National Commission 
     on VA Nursing. The Secretary would appoint eleven members, 
     and the Nurse Executive of the Department would serve as the 
     twelfth, ex officio, member. Members would include three 
     recognized representatives of employees of the Department; 
     three representatives of professional associations of nurses 
     or similar organizations affiliated with the Department's 
     health care practitioners; two representatives of trade 
     associations representing the nursing profession; two would 
     be nurses from nursing schools affiliated with the 
     Department; and one member would represent veterans. The 
     Secretary would designate one member to serve as Chair of the 
     Commission.
       Section 302 would authorize the Commission to assess 
     legislative and organization policy changes to enhance the 
     recruitment and retention of nurses by the Department and the 
     future of the nursing profession within the Department. This 
     section would also provide for Commission recommendations on 
     legislation and policy changes to enhance recruitment and 
     retention of nurses by the Department.
       Section 303 would require the Commission to submit to 
     Congress and the Secretary a report on its findings and 
     conclusions. The report would be due not later than 2 years 
     after the date of the first meeting of the Commission. The 
     Secretary would be required to promptly consider the 
     Commission's report and submit to Congress the Department's 
     views on the Commission's findings and conclusions, including 
     actions, if any, that the Department would take to implement 
     the recommendations.
       Sections 304 and 305 would delineate the powers afforded to 
     the Commission, including powers to conduct hearings and 
     meetings, take testimony and obtain information from external 
     sources, employ staff, authorize rates of pay, detail other 
     Federal employees to the Commission staff, and address other 
     administrative matters.
       Section 306 would terminate the Commission 90 days after 
     the date of the submission of its report to Congress.

[[Page S14079]]

     Senate Bill
       The Senate bill has no comparable provisions.
     Compromise Agreement
       Sections 141, 142, 143, 144, 145 and 146 follow the House 
     bill, with certain modifications to the membership of the 
     Commission.
       The Committees expect the National Commission on VA Nursing 
     to concern itself with the full spectrum of occupations 
     involved in nursing care of veterans in the Veterans Health 
     Administration, with specific reference to registered 
     professional and licensed vocational nurses, clinical nurse 
     specialists, nurse practitioners, nurse managers and 
     executives, nursing assistants, and other technical and 
     ancillary personnel of the Department involved in direct 
     health care delivery to the nation's veterans. In addition to 
     statutory requirements, the Committees expect the Secretary 
     to appoint members to the Commission to reflect the wide 
     variety of occupations and disciplines that constitute the 
     nursing profession within the Department.

                        TITLE II--OTHER MATTERS


                       provision of service dogs

     Current Law
       None.
     House Bill
       Section 101 would amend section 1714 of title 38, United 
     States Code, to authorize the Department to provide service 
     dogs to veterans suffering from spinal cord injury or 
     dysfunction, other diseases causing physical immobility, or 
     hearing loss (or other types of disabilities susceptible to 
     improvement or enhanced functioning) for which use of service 
     dogs is likely to improve or enhance their ability to perform 
     activities of daily living or other skills of independent 
     living. Under the provision, a veteran would be required to 
     be enrolled in VA care under section 1705 of title 38, United 
     States Code, as a prerequisite to eligibility. Service dogs 
     would be provided in accordance with existing priorities for 
     VA health care enrollment.
     Senate Bill
       Section 201 would authorize the Secretary to provide 
     service dogs to service-connected veterans with hearing 
     impairments and with spinal cord injuries.
     Compromise Agreement
       Section 201 follows the House provision.
       Any travel expenses of the veteran in adjusting to the 
     service dog would be reimbursable on the same basis as such 
     expenses are reimbursed under Section 111, title 38, United 
     States Code, for blind veterans adjusting to a guide dog.


       management of health care for certain low-income veterans

     Current Law
       Section 1722(a) of title 38, United States Code, places 
     veterans whose incomes are below a specified level--in 
     calendar year 2001, $23,688 for an individual without 
     dependents--within the definition of a person who is ``unable 
     to defray'' the cost of health care. The section includes two 
     other such indicators of inability to defray: evidence of 
     eligibility for Medicaid, and receipt of VA nonservice-
     connected pension. Veterans in these circumstances are 
     adjudged equally unable to defray the costs of health care; 
     as such, they are eligible to receive comprehensive VA health 
     care without agreeing to make co-payments required from 
     veterans whose incomes are higher. Under current law, a 
     single-income threshold (with adjustments only for 
     dependents) is the standard used.
     House Bill
       Section 103 would amend section 1722(a) of title 38, United 
     States Code, to establish geographically adjusted income 
     thresholds for determining a non-service-connected veteran's 
     priority for VA care, and therefore, whether the veteran must 
     agree to make co-payments in order to receive VA care. The 
     section's purpose would be to address local variations in 
     cost of care, cost-of-living or other variables that, beyond 
     gross income, impinge on a veteran's relative economic status 
     and ability to defray the cost of care.
       In section 103, low-income limits administered by the 
     Department of Housing and Urban Development (HUD) for its 
     subsidized housing programs would establish an adjusted 
     poverty-income threshold to be used in the ability-to-defray 
     determination. The actual threshold for determining an 
     individual veteran's ability to pay would be the greater of 
     the current-law income threshold in section 1722 of title 38, 
     United States Code, or the local low-income limits set by 
     HUD.
       Section 103 also would include a 5-year limitation on the 
     effects of adoption of the HUD low-income limits policy on 
     system resource allocation within the Veterans Health 
     Administration. Such allocations would not be increased or 
     decreased during the period by more than 5 percent due to 
     this provision. The provision would take effect on October 1, 
     2002.
     Senate Bill
       Section 202 would amend section 1722 of title 38, United 
     States Code, to include the HUD income index in determining 
     eligibility for treatment as a low-income family based upon 
     the veteran's permanent residence. The current national 
     threshold would remain in place as the base figure if the HUD 
     formula determines the low-income rate for a particular area 
     is actually less than that amount. The effective date of this 
     change would be January 1, 2002, and would apply to all means 
     tests after December 31, 2001, using data from the HUD index 
     at the time the means test is given.
     Compromise Agreement
       Section 202 retains the current-law income threshold, but 
     would significantly reduce co-payments from veterans near the 
     threshold of poverty for acute VA hospital inpatient care. 
     The HUD low-income limits would be used to establish a family 
     income determination within the priority 7 group. Those 
     veterans with family incomes above the HUD income limits 
     for their primary residences would pay the co-payments as 
     otherwise required by law. Veterans whose family incomes 
     fall between the current income threshold level under 
     section 1722, title 38, United States Code, and the HUD 
     income limits level for the standard metropolitan 
     statistical area of their primary residences, would be 
     required to pay co-payments for inpatient care that are 
     reduced by 80 percent from co-payments required of 
     veterans with higher incomes. The effective date for this 
     change would be October 1, 2002.


 maintenance of capacity for specialized treatment and rehabilitative 
                       needs of disabled veterans

     Current Law
       Section 1706 of title 38, United States Code, requires VA 
     to maintain nationwide capacity to provide for specialized 
     treatment and rehabilitative needs of disabled veterans, 
     including those with amputations, spinal cord injury or 
     dysfunction, traumatic brain injury, and severe, chronic, 
     disabling mental illnesses. To validate VA's compliance with 
     capacity maintenance, section 1706 includes a requirement for 
     an annual report to Congress. The reporting requirement 
     expired on April 1, 2001.
     House Bill
       Section 102 would modify the mandate for VA to maintain 
     capacity in specialized medical programs for veterans by 
     requiring the Department of each of its Veterans Integrated 
     Service Networks to maintain capacity in certain specialized 
     health care programs for veterans (those with serious mental 
     illness, substance-use disorders, spinal cord injuries and 
     dysfunction, the brain injured and blinded, and those who 
     need prosthetics and sensory aides); and, would extent the 
     capacity reporting requirement for 3 years.
     Senate Bill
       S. 1598 similarly would modify current law with regard to 
     VA's capacity for specialized services, but would require 
     that medical centers maintain capacity, in addition to 
     geographic service areas; require that VA utilize uniform 
     standards in the documentation of patient care workload used 
     to construct reports under the authority; require the 
     Inspector General on an annual basis to audit each geographic 
     service area and each medical center in the Veterans Health 
     Administration to ensure compliance with capacity 
     limitations; and, prohibit VA from substituting health care 
     outcome data to satisfy the requirement for maintenance of 
     capacity.
     Compromise Agreement
       Section 203 is derived substantially from the House bill, 
     with addition of provisions from the Senate bill, including a 
     requirement that VA utilize uniform standards in the 
     documentation of workload; a clarification that ``mental 
     illness'' be defined to include post-traumatic stress 
     disorder (PTSD), substance-use disorder, and seriously and 
     chronically mentally ill services; a prohibition from 
     substituting outcome data to satisfy the requirement to 
     maintain capacity; and, a requirement that the IG audit and 
     certify to Congress as to the accuracy of VA's required 
     reports.


program for the provision of chiropractic care and services to veterans

     Current Law
       Public Law 106-117 requires the VA to establish a Veterans 
     Health Administration-wide policy regarding chiropractic 
     care. Veterans Health Administration Directive 2000-014, 
     dated May 5, 2000, established such a policy.
     House Bill
       Title II would establish a national VA chiropractic 
     services program, implemented over a 5-year period; authorize 
     VA to employ chiropractors as federal employees and obtain 
     chiropractic services through contracts; establish an 
     advisory committee on chiropractic care; authorize 
     chiropractors to function as VA primary care providers; 
     authorize the appointment of a director of chiropractic 
     service reporting to the Secretary with the same authority as 
     other service directors in the VA health care system; and 
     provide for training and materials relating to chiropractic 
     services to Department health care providers.
     Senate Bill
       Section 204 of the Senate Bill would establish a VA 
     chiropractic services program in VA health care facilities 
     and clinics in not less than 25 states. The chiropractic care 
     and services would be for neuro-musculoskeletal conditions, 
     including subluxation complex. The VA would carry out the 
     program through personal service contracts and appointments 
     of licensed chiropractors. Training and materials would be 
     provided to VA health care providers for the purpose of 
     familiarizing them with the benefits of chiropractic care and 
     services.
     Compromise Agreement
       Section 204 would follow the Senate bill but would replace 
     its reference to 25 states

[[Page S14080]]

     with a reference to VA's 22 Veterans Integrated Service 
     Networks (referred to as ``geographic service areas'' in the 
     section). Also, the agreement would include an advisory 
     committee to assist the Secretary of Veterans Affairs in 
     implementation of the chiropractic program. Under the 
     agreement, the advisory committee would expire 3 years from 
     enactment.


   funds for field offices of the office of research compliance and 
                            assurance (ORCA)

     Current Law
       The Under Secretary of Health has provided funding for ORCA 
     field offices from funds appropriated for Medical and 
     Prosthetic Research.
     Senate Bill
       Since field offices of ORCA directly protect patient 
     safety, section 205 would authorize VA to fund them from the 
     Medical Care appropriation.
     House Bill
       The House bill has no comparable provision.
     Compromise Agreement
       Section 205 follows the Senate bill.
       The Committees are concerned about the need for ORCA to 
     maintain independence from the Office of Research and 
     Development. The Committees have concluded, on the strength 
     of hearings and reports on potential conflicts of interest, 
     that funding for ORCA field offices should be statutorily 
     separated from the Medical and Prosthetic Research 
     Appropriation and associated with the Medical Care 
     Appropriation. ORCA advises the Under Secretary for Health on 
     matters affecting the integrity of research, the safety of 
     human-subjects research and research personnel, and the 
     welfare of laboratory animals used in VA biomedical research 
     and development. ORCA field offices investigate allegations 
     of research impropriety, lack of compliance with rules for 
     protection of research participants and scientific 
     misconduct. The ORCA chief officer reports to the Under 
     Secretary for Health.


                  major medical facility construction

     Current Law
       None.
     Senate Bill
       Fiscal Year 2002 appropriations are available for an 
     emergency repair project at the VA Medical Center, Miami, 
     Florida. Section 205 of the Senate Bill authorizes $28.3 
     million for this project, in accordance with section 8104 of 
     title 38, United States Code.
     House Bill
       The House bill has no comparable provision.
     Compromise Agreement
       Section 206 follows the Senate Bill.


      sense of congress on special telephone services for veterans

     Current Law
       None.
     House Bill
       Section 104 would require the Secretary to assess special 
     telephone services for veterans (such as help lines and 
     ``hotlines'') provided by the Department. The assessment 
     would include the geographic coverage, availability, 
     utilization, effectiveness, management, coordination, 
     staffing, and cost of those services. It would require the 
     assessment to include a survey of veterans to measure 
     satisfaction with current special telephone services, as well 
     as the demand for additional services. The Secretary would be 
     required to submit a report to Congress on the assessment 
     within 1 year of enactment.
     Senate Bill
       The Senate bill contains no comparable provision.
     Compromise Agreement
       Section 207 contains a Sense of the Congress Resolution on 
     the Department's need to assess and report on special 
     telephone services for veterans.


 recodification of bereavement counseling authority and certain other 
                       health-related authorities

     Current Law
       Chapter 17 of title 38, United States Code, contains 
     various legal authorities under which VA provides services to 
     non-veterans. These provisions, that authorize bereavement 
     and mental health counseling, care for research subjects, 
     care for dependents and survivors of permanently the totally 
     disabled veterans, and emergency humanitarian care, are 
     intermingled with authorities for the care of veterans in 
     various sections of chapter 17.
     House Bill
       Section 105 of the House bill would in a new subchapter 
     consolidate and reorganize without substantive change all of 
     the legal authorities under which VA provides services to 
     non-veterans. It would reorganize section 1701 of title 38, 
     United States Code, by transferring one provision (pertaining 
     to sensori-neural aids) to section 1707.
       Section 105 would create a new Subchapter VIII in Chapter 
     17 of title 38, United States Code, to incorporate provisions 
     concerning bereavement-counseling services for family members 
     of certain veterans and active duty personnel. A new section 
     1782 would provide counseling, training, and mental health 
     services for immediate family members.
       Section 105 would place in the new subchapter the current 
     dependent health care authorities known as ``Civilian Health 
     and Medical Programs--Veterans Affairs'' (CHAMPVA), 
     transferred from current section 1713 to the new section 
     1781. A new provision would specify that a dependent or 
     survivor receiving such VA-sponsored care would be eligible 
     for bereavement and other counseling and training and mental 
     health services otherwise available to family members under 
     the subchapter.
       The existing authority to provide hospital care or medical 
     services as a humanitarian service in emergency cases would 
     be moved to this new subchapter from its current location in 
     section 1711(b).
       Section 105 would also make various technical changes to 
     accommodate the subchapter reorganization. These changes 
     would recodify the existing provisions, and consolidate and 
     clarify the existing statutory authority to provide care to 
     non-veterans.
     Senate Bill
       The Senate bill has no comparable provisions.
     Compromise Agreement
       Section 208 follows the House bill.


             extension of expiring collections authorities

     Current Law
       Sectiion 1710(f)(2)(B) of title 38, United States Code, 
     authorizes VA until September 30, 2002, to collect nursing 
     home, hospital, and outpatient co-payments from certain 
     veterans. Section 1729(a)(2)(E) of title 38, United States 
     Code, authorizes VA until October 1, 2002, to collect third-
     party payments for the treatment of the nonservice-connected 
     disabilities of veterans with service-connected disabilities.
     House Bill
       Section 106 would extend until 2007 VA's authority to 
     collect means test co-payments and to collect third-party 
     payments.
     Senate Bill
       The Senate bill contains no comparable provision.
     Compromise Agreement
       Section 209 follows the House bill.


personal emergency response system for veterans with service-connected 
                              disabilities

     Current Law
       None.
     House Bill
       Section 107 of the House bill would require the Secretary 
     to carry out an evaluation and study of the feasibility and 
     desirability of providing a specialized personal emergency 
     response system for veterans with service-connected 
     disabilities. It would require a report to Congress on the 
     results of this evaluation.
     Senate Bill
       The Senate bill contains no comparable provision.
     Compromise Agreement
       Section 210 follows the House bill.


               HEALTH CARE FOR PERSIAN GULF WAR VETERANS

     Current Law
       Section 1710 of title 38, United States Code, defines 
     eligible veterans for whom the Secretary is required to 
     furnish hospital, nursing home, and domiciliary care. Section 
     1710(e)(1)(C) of title 38 authorizes the Secretary to provide 
     health care services on a priority basis to veterans who 
     served in the Southwest Asia Theater of operations during the 
     Persian Gulf War. Section 1710(e)(3)(B) of title 38 specifies 
     that this eligibility expires on December 31, 2001.
     Senate Bill
       The Senate Bill would amend section 1710 of title 38, 
     United States Code, to extend health care eligibility for 
     veterans who served in Southwest Asia during the Gulf War, to 
     December 31, 2011.
     House Bill
       The House Bill contains no comparable provision.
     Compromise Agreement
       Section 211 follows the Senate bill but extends the health 
     care eligibility to December 31, 2002.

  Mr. REID. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid on the 
table with no intervening action or debate, and that any statements 
relating thereto be printed in the Record.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The bill (H.R. 3447) was read the third time and passed.

                          ____________________




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