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HR 2215 RS

Calendar No. 206

107th CONGRESS

1st Session

H.R. 2215

IN THE SENATE OF THE UNITED STATES

July 24, 2001

Received; read twice and referred to the Committee on the Judiciary

October 30, 2001

Reported by Mr. LEAHY, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


AN ACT

To authorize appropriations for the Department of Justice for fiscal year 2002, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE; TABLE OF CONTENTS. [<-Struck out]

    [Struck out->] (a) SHORT TITLE- This Act may be cited as the `21st Century Department of Justice Appropriations Authorization Act'. [<-Struck out]

    [Struck out->] (b) TABLE OF CONTENTS- The table of contents of this Act is as follows: [<-Struck out]

      [Struck out->] Sec. 1. Short title; table of contents. [<-Struck out]

[Struck out->] TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002 [<-Struck out]

      [Struck out->] Sec. 101. Specific sums authorized to be appropriated. [<-Struck out]

      [Struck out->] Sec. 102. Appointment of additional assistant United States attorneys; reduction of certain litigation positions. [<-Struck out]

[Struck out->] TITLE II--PERMANENT ENABLING PROVISIONS [<-Struck out]

      [Struck out->] Sec. 201. Permanent authority. [<-Struck out]

      [Struck out->] Sec. 202. Permanent authority relating to enforcement of laws. [<-Struck out]

      [Struck out->] Sec. 203. Notifications and reports to be provided simultaneously to committees. [<-Struck out]

      [Struck out->] Sec. 204. Miscellaneous uses of funds; technical amendments. [<-Struck out]

      [Struck out->] Sec. 205. Technical and miscellaneous amendments to Department of Justice authorities; authority to transfer property of marginal value; recordkeeping; protection of the Attorney General. [<-Struck out]

      [Struck out->] Sec. 206. Oversight; waste, fraud, and abuse of appropriations. [<-Struck out]

      [Struck out->] Sec. 207. Enforcement of Federal criminal laws by Attorney General. [<-Struck out]

      [Struck out->] Sec. 208. Counterterrorism fund. [<-Struck out]

[Struck out->] TITLE III--MISCELLANEOUS [<-Struck out]

      [Struck out->] Sec. 301. Repealers. [<-Struck out]

      [Struck out->] Sec. 302. Technical amendments to title 18 of the United States Code. [<-Struck out]

      [Struck out->] Sec. 303. Required submission of proposed authorization of appropriations for the Department of Justice for fiscal year 2003. [<-Struck out]

      [Struck out->] Sec. 304. Review of the Department of Justice. [<-Struck out]

      [Struck out->] Sec. 305. Study of untested rape examination kits. [<-Struck out]

      [Struck out->] Sec. 306. Report on DCS1000 (`Carnivore'). [<-Struck out]

      [Struck out->] Sec. 307. Study of allocation of litigating attorneys. [<-Struck out]

[Struck out->] TITLE IV--VIOLENCE AGAINST WOMEN [<-Struck out]

      [Struck out->] Sec. 401. Short title. [<-Struck out]

      [Struck out->] Sec. 402. Establishment of Violence Against Women Office. [<-Struck out]

[Struck out->] TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002 [<-Struck out]

[Struck out->] SEC. 101. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED. [<-Struck out]

    [Struck out->] 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: [<-Struck out]

      [Struck out->] (1) GENERAL ADMINISTRATION- For General Administration: $93,433,000. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (4) GENERAL LEGAL ACTIVITIES- For General Legal Activities: $566,822,000, which shall include for each such fiscal year-- [<-Struck out]

        [Struck out->] (A) not less than $4,000,000 for the investigation and prosecution of denaturalization and deportation cases involving alleged Nazi war criminals; and [<-Struck out]

        [Struck out->] (B) not to exceed $20,000 to meet unforeseen emergencies of a confidential character. [<-Struck out]

      [Struck out->] (5) ANTITRUST DIVISION- For the Antitrust Division: $140,973,000. [<-Struck out]

      [Struck out->] (6) UNITED STATES ATTORNEYS- For United States Attorneys: $1,346,289,000. [<-Struck out]

      [Struck out->] (7) FEDERAL BUREAU OF INVESTIGATION- For the Federal Bureau of Investigation: $3,507,109,000, which shall include for each such fiscal year-- [<-Struck out]

        [Struck out->] (A) not to exceed $1,250,000 for construction, to remain available until expended; and [<-Struck out]

        [Struck out->] (B) not to exceed $70,000 to meet unforeseen emergencies of a confidential character. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (9) FEDERAL PRISON SYSTEM- For the Federal Prison System, including the National Institute of Corrections: $4,662,710,000. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (12) IMMIGRATION AND NATURALIZATION SERVICE- For the Immigration and Naturalization Service: $3,516,411,000, which shall include-- [<-Struck out]

        [Struck out->] (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); [<-Struck out]

        [Struck out->] (B) not to exceed $650,660,000 for salaries and expenses of citizenship and benefits (i.e., programs not included under subparagraph (A)); [<-Struck out]

        [Struck out->] (C) for each such fiscal year, not to exceed $128,410,000 for construction, to remain available until expended; and [<-Struck out]

        [Struck out->] (D) not to exceed $50,000 to meet unforeseen emergencies of a confidential character. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (15) FOREIGN CLAIMS SETTLEMENT COMMISSION- For the Foreign Claims Settlement Commission: $1,130,000. [<-Struck out]

      [Struck out->] (16) COMMUNITY RELATIONS SERVICE- For the Community Relations Service: $9,269,000. [<-Struck out]

      [Struck out->] (17) ASSETS FORFEITURE FUND- For the Assets Forfeiture Fund: $22,949,000 for expenses authorized by section 524 of title 28, United States Code. [<-Struck out]

      [Struck out->] (18) UNITED STATES PAROLE COMMISSION- For the United States Parole Commission: $10,862,000. [<-Struck out]

      [Struck out->] (19) FEDERAL DETENTION TRUSTEE- For the necessary expenses of the Federal Detention Trustee: $1,718,000. [<-Struck out]

      [Struck out->] (20) JOINT AUTOMATED BOOKING SYSTEM- For expenses necessary for the operation of the Joint Automated Booking System: $15,957,000. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (22) RADIATION EXPOSURE COMPENSATION- For administrative expenses in accordance with the Radiation Exposure Compensation Act: $1,996,000. [<-Struck out]

      [Struck out->] (23) COUNTERTERRORISM FUND- For the Counterterrorism Fund for necessary expenses, as determined by the Attorney General: $4,989,000. [<-Struck out]

      [Struck out->] (24) OFFICE OF JUSTICE PROGRAMS- For administrative expenses not otherwise provided for, of the Office of Justice Programs: $116,369,000. [<-Struck out]

[Struck out->] SEC. 102. APPOINTMENT OF ADDITIONAL ASSISTANT UNITED STATES ATTORNEYS; REDUCTION OF CERTAIN LITIGATION POSITIONS. [<-Struck out]

    [Struck out->] (a) APPOINTMENTS- Not later than September 30, 2003, the Attorney General shall exercise authority under section 542 of title 28, United States Code, to appoint 200 assistant United States attorneys in addition to the number of assistant United States attorneys serving on the date of the enactment of this Act. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section. [<-Struck out]

[Struck out->] TITLE II--PERMANENT ENABLING PROVISIONS [<-Struck out]

[Struck out->] SEC. 201. PERMANENT AUTHORITY. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Chapter 31 of title 28, United States Code, is amended by adding at the end the following: [<-Struck out]

[Struck out->] `Sec. 530C. Authority to use available funds [<-Struck out]

    [Struck out->] `(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-- [<-Struck out]

      [Struck out->] `(1) through the Department's own personnel, acting within, from, or through the Department itself; [<-Struck out]

      [Struck out->] `(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; [<-Struck out]

      [Struck out->] `(3) through reimbursable agreements with other Federal agencies for work, materials, or equipment; [<-Struck out]

      [Struck out->] `(4) through contracts, grants, or cooperative agreements with non-Federal parties; and [<-Struck out]

      [Struck out->] `(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). [<-Struck out]

    [Struck out->] `(b) PERMITTED USES- [<-Struck out]

      [Struck out->] `(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: [<-Struck out]

        [Struck out->] `(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. [<-Struck out]

        [Struck out->] `(B) The purchase of insurance for motor vehicles, boats, and aircraft operated in official Government business in foreign countries. [<-Struck out]

        [Struck out->] `(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. [<-Struck out]

        [Struck out->] `(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. [<-Struck out]

        [Struck out->] `(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. [<-Struck out]

        [Struck out->] `(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. [<-Struck out]

        [Struck out->] `(G) In accordance with procedures established and rules issued by the Attorney General-- [<-Struck out]

          [Struck out->] `(i) attendance at meetings and seminars; [<-Struck out]

          [Struck out->] `(ii) conferences and training; and [<-Struck out]

          [Struck out->] `(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. [<-Struck out]

        [Struck out->] `(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. [<-Struck out]

        [Struck out->] `(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. [<-Struck out]

        [Struck out->] `(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. [<-Struck out]

        [Struck out->] `(K) Expenses of-- [<-Struck out]

          [Struck out->] `(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 [<-Struck out]

          [Struck out->] `(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. [<-Struck out]

      [Struck out->] `(2) SPECIFIC PERMITTED USES- [<-Struck out]

        [Struck out->] `(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. [<-Struck out]

        [Struck out->] `(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-- [<-Struck out]

          [Struck out->] `(i) the purchase of ammunition and firearms; and [<-Struck out]

          [Struck out->] `(ii) participation in firearms competitions. [<-Struck out]

        [Struck out->] `(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. [<-Struck out]

      [Struck out->] `(3) FEES AND EXPENSES OF WITNESSES- Funds available to the Attorney General for fees and expenses of witnesses may be used for-- [<-Struck out]

        [Struck out->] `(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; [<-Struck out]

        [Struck out->] `(B) fees and expenses of neutrals in alternative dispute resolution proceedings, where the Department of Justice is a party; and [<-Struck out]

        [Struck out->] `(C) construction of protected witness safesites. [<-Struck out]

      [Struck out->] `(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. [<-Struck out]

      [Struck out->] `(5) IMMIGRATION AND NATURALIZATION SERVICE- Funds available to the Attorney General for the Immigration and Naturalization Service may be used for-- [<-Struck out]

        [Struck out->] `(A) acquisition of land as sites for enforcement fences, and construction incident to such fences; [<-Struck out]

        [Struck out->] `(B) cash advances to aliens for meals and lodging en route; [<-Struck out]

        [Struck out->] `(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 [<-Struck out]

        [Struck out->] `(D) expenses and allowances incurred in tracking lost persons, as required by public exigencies, in aid of State or local law enforcement agencies. [<-Struck out]

      [Struck out->] `(6) FEDERAL PRISON SYSTEM- Funds available to the Attorney General for the Federal Prison System may be used for-- [<-Struck out]

        [Struck out->] `(A) inmate medical services and inmate legal services, within the Federal prison system; [<-Struck out]

        [Struck out->] `(B) the purchase and exchange of farm products and livestock; [<-Struck out]

        [Struck out->] `(C) the acquisition of land as provided in section 4010 of title 18; and [<-Struck out]

        [Struck out->] `(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; [<-Struck out]

      [Struck out->] 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. [<-Struck out]

      [Struck out->] `(7) DETENTION TRUSTEE- Funds available to the Attorney General for the Detention Trustee may be used for all the activities of such Trustee in the exercise of all power and functions authorized by law relating to the detention of Federal prisoners in non-Federal institutions or otherwise in the custody of the United States Marshals Service and to the detention of aliens in the custody of the Immigration and Naturalization Service, including the overseeing of construction of detention facilities or for housing related to such detention, the management of funds appropriated to the Department for the exercise of detention functions, and the direction of the United States Marshals Service and the Immigration and Naturalization Service with respect to the exercise of detention policy setting and operations for the Department of Justice. [<-Struck out]

    [Struck out->] `(c) RELATED PROVISIONS- [<-Struck out]

      [Struck out->] `(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. [<-Struck out]

      [Struck out->] `(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.'. [<-Struck out]

    [Struck out->] (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: [<-Struck out]

      [Struck out->] `530C. Authority to use available funds.'. [<-Struck out]

[Struck out->] SEC. 202. PERMANENT AUTHORITY RELATING TO ENFORCEMENT OF LAWS. [<-Struck out]

    [Struck out->] (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: [<-Struck out]

[Struck out->] `Sec. 530D. Report on enforcement of laws [<-Struck out]

    [Struck out->] `(a) REPORT- [<-Struck out]

      [Struck out->] `(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-- [<-Struck out]

        [Struck out->] `(A) establishes or implements a formal or informal policy to refrain-- [<-Struck out]

          [Struck out->] `(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 [<-Struck out]

          [Struck out->] `(ii) within any judicial jurisdiction of or within the United States, from adhering to, enforcing, applying, or complying with, any standing rule of decision (binding upon courts of, or inferior to those of, that jurisdiction) established by a final decision of any court of, or superior to those of, that jurisdiction, respecting the interpretation, construction, or application of the Constitution or of any statute, rule, regulation, program, policy, or other law whose enforcement, application, or administration is within the responsibility of the Attorney General or such officer; [<-Struck out]

        [Struck out->] `(B) determines-- [<-Struck out]

          [Struck out->] `(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 [<-Struck out]

          [Struck out->] `(ii) to refrain from defending or asserting, in any judicial, administrative, or other proceeding, the constitutionality of any provision of any Federal statute, rule, regulation, program, policy, or other law, or not to appeal or request review of any judicial, administrative, or other determination adversely affecting the constitutionality of any such provision; or [<-Struck out]

        [Struck out->] `(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-- [<-Struck out]

          [Struck out->] `(i) against the United States (including any agency or instrumentality thereof) for a sum that exceeds, or is likely to exceed, $2,000,000; or [<-Struck out]

          [Struck out->] `(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. [<-Struck out]

      [Struck out->] `(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-- [<-Struck out]

        [Struck out->] `(A) the majority leader and minority leader of the Senate; [<-Struck out]

        [Struck out->] `(B) the Speaker, majority leader, and minority leader of the House of Representatives; [<-Struck out]

        [Struck out->] `(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 [<-Struck out]

        [Struck out->] `(D) the Senate Legal Counsel and the General Counsel of the House of Representatives. [<-Struck out]

    [Struck out->] `(b) DEADLINE- A report shall be submitted-- [<-Struck out]

      [Struck out->] `(1) under subsection (a)(1)(A), not later than 30 days after the establishment or implementation of each policy; [<-Struck out]

      [Struck out->] `(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 [<-Struck out]

      [Struck out->] `(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. [<-Struck out]

    [Struck out->] `(c) CONTENTS- A report required by subsection (a) shall-- [<-Struck out]

      [Struck out->] `(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); [<-Struck out]

      [Struck out->] `(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-- [<-Struck out]

        [Struck out->] `(A) such details may be omitted as may be absolutely necessary to prevent improper disclosure of national-security- or classified information, or of any information subject to the deliberative-process-, executive-, attorney-work-product-, or attorney-client privileges, if the fact of each such omission (and the precise ground or grounds therefor) is clearly noted in the statement: Provided, That this subparagraph shall not be construed to deny to the Congress (including any House, Committee, or agency thereof) any such omitted details (or related information) that it lawfully may seek, subsequent to the submission of the report; and [<-Struck out]

        [Struck out->] `(B) the requirements of this paragraph shall be deemed satisfied-- [<-Struck out]

          [Struck out->] `(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 [<-Struck out]

          [Struck out->] `(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 [<-Struck out]

      [Struck out->] `(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. [<-Struck out]

    [Struck out->] `(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). [<-Struck out]

    [Struck out->] `(e) APPLICABILITY TO THE PRESIDENT AND TO EXECUTIVE AGENCIES AND MILITARY DEPARTMENTS- The reporting, declaration, and other provisions of this section relating to the Attorney General and other officers of the Department of Justice shall apply to the President and the head of each executive agency or military department (as defined, respectively, in sections 105 and 102 of title 5, United States Code), that establishes or implements a policy described in subsection (a)(1)(A) or is authorized to conduct litigation, and to the officers of such executive agency.'. [<-Struck out]

    [Struck out->] (b) CONFORMING AMENDMENTS- [<-Struck out]

      [Struck out->] (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: [<-Struck out]

      [Struck out->] `530D. Report on enforcement of laws.'. [<-Struck out]

      [Struck out->] (2) Section 712 of Public Law 95-521 (92 Stat. 1883) is amended by striking subsection (b). [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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-- [<-Struck out]

        [Struck out->] (i) all policies described in subsection (a)(1)(A) of such section that were established or implemented before the date of the enactment of this Act and were in effect on such date; and [<-Struck out]

        [Struck out->] (ii) all determinations described in subsection (a)(1)(B) of such section that were made before the date of the enactment of this Act and were in effect on such date. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 203. NOTIFICATIONS AND REPORTS TO BE PROVIDED SIMULTANEOUSLY TO COMMITTEES. [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] SEC. 204. MISCELLANEOUS USES OF FUNDS; TECHNICAL AMENDMENTS. [<-Struck out]

    [Struck out->] (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-- [<-Struck out]

      [Struck out->] (1) in section 504(a) by striking `502' and inserting `501(b)'; [<-Struck out]

      [Struck out->] (2) in section 506(a)(1) by striking `participating'; [<-Struck out]

      [Struck out->] (3) in section 510-- [<-Struck out]

        [Struck out->] (A) in subsection (a)(3) by striking `502' inserting `501(b)'; and [<-Struck out]

        [Struck out->] (B) by adding at the end the following: [<-Struck out]

    [Struck out->] `(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 [<-Struck out]

      [Struck out->] (4) in section 511 by striking `503' inserting `501(b)'. [<-Struck out]

    [Struck out->] (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'. [<-Struck out]

[Struck out->] SEC. 205. TECHNICAL AND MISCELLANEOUS AMENDMENTS TO DEPARTMENT OF JUSTICE AUTHORITIES; AUTHORITY TO TRANSFER PROPERTY OF MARGINAL VALUE; RECORDKEEPING; PROTECTION OF THE ATTORNEY GENERAL. [<-Struck out]

    [Struck out->] (a) Section 524 of title 28, United States Code, is amended-- [<-Struck out]

      [Struck out->] (1) in subsection (a) by inserting `to the Attorney General' after `available'; [<-Struck out]

      [Struck out->] (2) in paragraph (c)(1)-- [<-Struck out]

        [Struck out->] (A) by striking the semicolon at the end of the 1st subparagraph (I) and inserting a period; [<-Struck out]

        [Struck out->] (B) by striking the 2d subparagraph (I); [<-Struck out]

        [Struck out->] (C) by striking `(A)(iv), (B), (F), (G), and (H)' in the 1st sentence following the 2d subparagraph (I) and inserting `(B), (F), and (G),'; and [<-Struck out]

        [Struck out->] (D) by striking `fund' in the 3d sentence following the 2d subparagraph (I) and inserting `Fund'; [<-Struck out]

      [Struck out->] (3) in paragraph (c)(2)-- [<-Struck out]

        [Struck out->] (A) by striking `for information' each place it appears; and [<-Struck out]

        [Struck out->] (B) by striking `$250,000' the 2d and 3d places it appears and inserting `$500,000'; [<-Struck out]

      [Struck out->] (4) in paragraph (c)(3) by striking `(F)' and inserting `(G)'; [<-Struck out]

      [Struck out->] (5) in paragraph (c)(5) by striking `Fund which' and inserting `Fund, that'; [<-Struck out]

      [Struck out->] (6) in subsection (c)(8)(A) by striking `(A)(iv), (B), (F), (G), and (H)' and inserting `(B), (F), and (G),'; and [<-Struck out]

      [Struck out->] (7) in subsection (c)(9)(B)-- [<-Struck out]

        [Struck out->] (A) by striking `year 1997' and inserting `years 2002 and 2003'; and [<-Struck out]

        [Struck out->] (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'. [<-Struck out]

    [Struck out->] (b) Section 522 of title 28, United States Code, is amended by inserting `(a)' before `The', and by inserting at the end the following: [<-Struck out]

    [Struck out->] `(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).'. [<-Struck out]

    [Struck out->] (c) Section 534(a)(3) of title 28, United States Code, is amended by adding `and' after the semicolon. [<-Struck out]

    [Struck out->] (d) Section 509(3) of title 28, United States Code, is amended by striking the 2d period. [<-Struck out]

    [Struck out->] (e) Section 533(2) of title 28, United States Code, is amended by inserting `or the person of the Attorney General' after `President'. [<-Struck out]

[Struck out->] SEC. 206. OVERSIGHT; WASTE, FRAUD, AND ABUSE OF APPROPRIATIONS. [<-Struck out]

    [Struck out->] (a) Section 529 of title 28, United States Code, is amended by inserting `(a)' before `Beginning', and by adding at the end the following: [<-Struck out]

    [Struck out->] `(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-- [<-Struck out]

      [Struck out->] `(1) a report identifying and describing every grant, cooperative agreement, or programmatic services contract that was made, entered into, awarded, or extended, in the immediately preceding fiscal year, by or on behalf of the Office of Justice Programs (including any component or unit thereof, and the Office of Community Oriented Policing Services), and including, without limitation, for each such grant, cooperative agreement, or contract: the term, the dollar amount or value, a complete and detailed description of its specific purpose or purposes, the names of all parties, the names of each unsuccessful applicant or bidder (and a complete and detailed description of the specific purpose or purposes proposed of the application or bid), except that such description may be summary with respect to each application or bid having a total value of less than $350,000; and [<-Struck out]

      [Struck out->] `(2) a report identifying and reviewing every grant, cooperative agreement, or programmatic services contract made, entered into, awarded, or extended after October 1, 2002, by or on behalf of the Office of Justice Programs (including any component or unit thereof, and the Office of Community Oriented Policing Services) that was closed out or that otherwise ended in the immediately preceding fiscal year (or even if not yet closed out, was terminated or otherwise ended in the fiscal year that ended 2 years before the end of such immediately preceding fiscal year), and including, without limitation, for each such grant, cooperative agreement, or contract: a complete and detailed description of how the appropriated funds involved actually were spent, complete and detailed statistics relating to its performance, its specific purpose or purposes, and its effectiveness, and a written declaration by each non-Federal grantee and each non-Federal party to such agreement or to such contract, that-- [<-Struck out]

        [Struck out->] `(A) the appropriated funds were spent for such purpose or purposes, and only such purpose or purposes; [<-Struck out]

        [Struck out->] `(B) the terms of the grant, cooperative agreement, or contract were complied with; and [<-Struck out]

        [Struck out->] `(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; [<-Struck out]

      [Struck out->] 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.'. [<-Struck out]

    [Struck out->] (b) Section 1913 of title 18, United States Code, is amended by striking `to favor' and inserting `a jurisdiction, or an official of any government, to favor, adopt,', by inserting `, law, ratification, policy,' after `legislation' every place it appears, by striking `by Congress' the 2d place it appears, by inserting `or such official' before `, through the proper', by inserting `, measure,' before `or resolution', by striking `Members of Congress on the request of any Member' and inserting `any such Member or official, at his request,', by striking `for legislation' and inserting `for any legislation', and by moving `, being an officer or employee of the United States or of any department or agency thereof,' to immediately after `; and'. [<-Struck out]

    [Struck out->] (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,'. [<-Struck out]

    [Struck out->] (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--'. [<-Struck out]

    [Struck out->] (e) Section 2320(f) of title 18, United States Code, is amended-- [<-Struck out]

      [Struck out->] (1) by striking `title 18' each place it appears and inserting `this title'; and [<-Struck out]

      [Struck out->] (2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; [<-Struck out]

      [Struck out->] (3) by inserting `(1)' after `(f)'; and [<-Struck out]

      [Struck out->] (4) by adding at the end the following: [<-Struck out]

    [Struck out->] `(2) The report under paragraph (1), with respect to criminal infringement of copyright, shall include the following: [<-Struck out]

      [Struck out->] `(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. [<-Struck out]

      [Struck out->] `(B) The number of infringement cases involving an online element. [<-Struck out]

      [Struck out->] `(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. [<-Struck out]

      [Struck out->] `(D) The amount of restitution awarded. [<-Struck out]

      [Struck out->] `(E) Whether the sentences imposed were served.'. [<-Struck out]

[Struck out->] SEC. 207. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY ATTORNEY GENERAL. [<-Struck out]

    [Struck out->] 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,'. [<-Struck out]

[Struck out->] SEC. 208. COUNTERTERRORISM FUND. [<-Struck out]

    [Struck out->] (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-- [<-Struck out]

      [Struck out->] (1) to reimburse any Department of Justice component for any costs incurred in connection with-- [<-Struck out]

        [Struck out->] (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; [<-Struck out]

        [Struck out->] (B) providing support to counter, investigate, or prosecute domestic or international terrorism, including, without limitation, paying rewards in connection with these activities; and [<-Struck out]

        [Struck out->] (C) conducting terrorism threat assessments of Federal agencies and their facilities; and [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

[Struck out->] TITLE III--MISCELLANEOUS [<-Struck out]

[Struck out->] SEC. 301. REPEALERS. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (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). [<-Struck out]

    [Struck out->] (c) REPEAL OF VIOLENT CRIME REDUCTION TRUST FUND- [<-Struck out]

      [Struck out->] (1) REPEALER- Section 310001 of Public Law 103-322 is repealed. [<-Struck out]

      [Struck out->] (2) CONFORMING AMENDMENTS- [<-Struck out]

        [Struck out->] (A) TITLE 31 OF THE UNITED STATES CODE- Title 31 of the United States Code is amended-- [<-Struck out]

          [Struck out->] (i) in section 1321(a) by striking paragraph (91), and [<-Struck out]

          [Struck out->] (ii) in section 1105(a) by striking paragraph (30). [<-Struck out]

        [Struck out->] (B) AVAILABILITY OF FUNDS- (i) Section 210603 of the Violent Crime Control and Law Enforcement Act of 1994 (18 U.S.C. 922 note) is amended by striking subsection (a). [<-Struck out]

        [Struck out->] (ii) Section 13(a) of Public Law 91-383 (16 U.S.C. 1a-7a(a)) is amended by striking `out of the Violent Crime Reduction Trust Fund,'. [<-Struck out]

        [Struck out->] (iii) Section 6(h)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(h)(1)) is amended by striking `, and from amounts appropriated out of the Violent Crime Reduction Trust Fund,'. [<-Struck out]

        [Struck out->] (iv) Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(5)) is amended by striking `, of which' and all that follows through `2000'. [<-Struck out]

        [Struck out->] (v) Sections 808 and 823 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1310, 1317) are repealed. [<-Struck out]

        [Struck out->] (vi) The Drug-Free Prisons and Jails Act of 1998 (42 U.S.C. 3751 note) is amended by striking section 118. [<-Struck out]

        [Struck out->] (vii) Section 401(e) of the Economic Espionage Act of 1996 (42 U.S.C. 13751 note) is amended by striking paragraph (2). [<-Struck out]

[Struck out->] SEC. 302. TECHNICAL AMENDMENTS TO TITLE 18 OF THE UNITED STATES CODE. [<-Struck out]

    [Struck out->] Title 18 of the United States Code is amended-- [<-Struck out]

      [Struck out->] (1) in section 4041 by striking `at a salary of $10,000 a year'; [<-Struck out]

      [Struck out->] (2) in section 4013-- [<-Struck out]

        [Struck out->] (A) in subsection (a)-- [<-Struck out]

          [Struck out->] (i) by replacing `the support of United States prisoners' with `Federal prisoner detention'; [<-Struck out]

          [Struck out->] (ii) in paragraph (2) by adding `and' after `hire;'; [<-Struck out]

          [Struck out->] (iii) in paragraph (3) by replacing `entities; and' with `entities.'; and [<-Struck out]

          [Struck out->] (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 [<-Struck out]

        [Struck out->] (B) by redesignating-- [<-Struck out]

          [Struck out->] (i) subsections (b) and (c) as subsections (c) and (d); and [<-Struck out]

          [Struck out->] (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 [<-Struck out]

      [Struck out->] (3) in section 209(a)-- [<-Struck out]

        [Struck out->] (A) by striking `or makes' and inserting `makes'; and [<-Struck out]

        [Struck out->] (B) by striking `supplements the salary of, any' and inserting `supplements, the salary of any'. [<-Struck out]

[Struck out->] SEC. 303. REQUIRED SUBMISSION OF PROPOSED AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF JUSTICE FOR FISCAL YEAR 2003. [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] SEC. 304. REVIEW OF THE DEPARTMENT OF JUSTICE. [<-Struck out]

    [Struck out->] (a) APPOINTMENT OF DEPUTY INSPECTOR GENERAL FOR THE FEDERAL BUREAU OF INVESTIGATION- The Inspector General of the Department of Justice shall appoint a Deputy Inspector General for the Federal Bureau of Investigation who shall be responsible for supervising independent oversight of programs and operations of the Federal Bureau of Investigation until September 30, 2004. [<-Struck out]

    [Struck out->] (b) INSPECTOR GENERAL OVERSIGHT PLAN FOR THE FEDERAL BUREAU OF INVESTIGATION- Not later than 30 days after the date of the enactment of this Act, the Inspector General of the Department of Justice shall submit to the Congress a plan for oversight of the Federal Bureau of Investigation. The Inspector General shall consider the following activities for inclusion in such plan: [<-Struck out]

      [Struck out->] (1) FINANCIAL SYSTEMS- Auditing the financial systems, information technology systems, and computer security systems of the Federal Bureau of Investigation. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (4) PERSONNEL- Investigating allegations of serious misconduct by personnel of the Federal Bureau of Investigation. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (6) RESOURCES- Identifying resources needed by the Inspector General to implement such plan. [<-Struck out]

    [Struck out->] (c) REVIEW OF ATTORNEY GENERAL ORDER- Not later than 30 days after the date of the enactment of this Act, the Attorney General shall-- [<-Struck out]

      [Struck out->] (1) review Attorney General Order 1931-94 (signed November 8, 1994); and [<-Struck out]

      [Struck out->] (2) submit to the Congress a report stating whether the Attorney General intends to rescind, to modify, or to take no action affecting such order. [<-Struck out]

[Struck out->] SEC. 305. STUDY OF UNTESTED RAPE EXAMINATION KITS. [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] SEC. 306. REPORT ON DCS 1000 (`CARNIVORE'). [<-Struck out]

    [Struck out->] Not later than 30 days after the end of fiscal years 2001 and 2002, the Attorney General and the Director of the Federal Bureau of Investigation shall provide to the Judiciary Committees of the House of Representatives and Senate a report detailing-- [<-Struck out]

      [Struck out->] (1) the number of times DCS 1000 (or any similar system or device) was used for surveillance during the preceding fiscal year; [<-Struck out]

      [Struck out->] (2) the Department of Justice official or officials who approved each use of DCS 1000 (or any similar system or device); [<-Struck out]

      [Struck out->] (3) the criteria used by the Department of Justice officials to review requests to use DCS 1000 (or any similar system or device); [<-Struck out]

      [Struck out->] (4) a complete description of the process used to submit, review, and approve requests to use DCS 1000 (or any similar system or device); [<-Struck out]

      [Struck out->] (5) the specific statutory authority relied on to use DCS 1000 (or any similar system or device); [<-Struck out]

      [Struck out->] (6) the court that authorized each use of DCS 1000 (or any similar system or device); [<-Struck out]

      [Struck out->] (7) the number of orders, warrants, or subpoenas applied for, to authorize the use of DCS 1000 (or any similar system or device); [<-Struck out]

      [Struck out->] (8) the fact that the order, warrant, or subpoena was granted as applied for, was modified, or was denied; [<-Struck out]

      [Struck out->] (9) the offense specified in the order, warrant, subpoena, or application; [<-Struck out]

      [Struck out->] (10) the nature of the facilities from which, or the place where the contents of, electronic communications were to be disclosed; and [<-Struck out]

      [Struck out->] (11) any information gathered or accessed that was not authorized by the court to be gathered or accessed. [<-Struck out]

[Struck out->] SEC. 307. STUDY OF ALLOCATION OF LITIGATING ATTORNEYS. [<-Struck out]

    [Struck out->] Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit a report to the chairman and ranking minority member of the Committees on the Judiciary of the House of Representatives and Committee on the Judiciary of the Senate, detailing the distribution or allocation of appropriated funds, attorneys and other personnel, per-attorney workloads, and number of cases opened and closed, for each Office of United States Attorney and each division of the Department of Justice except the Justice Management Division. [<-Struck out]

[Struck out->] TITLE IV--VIOLENCE AGAINST WOMEN [<-Struck out]

[Struck out->] SEC. 401. SHORT TITLE. [<-Struck out]

    [Struck out->] This title may be cited as the `Violence Against Women Office Act'. [<-Struck out]

[Struck out->] SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN OFFICE. [<-Struck out]

    [Struck out->] Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended-- [<-Struck out]

      [Struck out->] (1) in section 2002(d)(3)-- [<-Struck out]

        [Struck out->] (A) by striking `section 2005' and inserting `section 2008'; and [<-Struck out]

        [Struck out->] (B) by striking `section 2006' and inserting `section 2009'; [<-Struck out]

      [Struck out->] (2) by redesignating sections 2002 through 2006 as sections 2005 through 2009, respectively; and [<-Struck out]

      [Struck out->] (3) by inserting after section 2001 the following: [<-Struck out]

[Struck out->] `SEC. 2002. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN OFFICE. [<-Struck out]

    [Struck out->] `(a) OFFICE- There is hereby established within the Department of Justice, under the general authority of the Attorney General, a Violence Against Women Office (in this part referred to as the `Office'). [<-Struck out]

    [Struck out->] `(b) DIRECTOR- The Office shall be headed by a Director (in this part referred to as the `Director'), who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report to the Attorney General through the Assistant Attorney General, and shall make reports to the Deputy Attorney General as the Director deems necessary to fulfill the mission of the Office. The Director shall have final authority for all grants, cooperative agreements, and contracts awarded by the Office. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other arrangement under this part. [<-Struck out]

[Struck out->] `SEC. 2003. DUTIES AND FUNCTIONS OF DIRECTOR OF VIOLENCE AGAINST WOMEN OFFICE. [<-Struck out]

    [Struck out->] `(a) IN GENERAL- The Director shall have the following duties: [<-Struck out]

      [Struck out->] `(1) Serving as special counsel to the Attorney General on the subject of violence against women. [<-Struck out]

      [Struck out->] `(2) Maintaining liaison with the judicial branches of the Federal and State Governments on matters relating to violence against women. [<-Struck out]

      [Struck out->] `(3) Providing information to the President, the Congress, the judiciary, State and local governments, and the general public on matters relating to violence against women. [<-Struck out]

      [Struck out->] `(4) Serving, at the request of the Attorney General or Assistant Attorney General, as the representative of the Department of Justice on domestic task forces, committees, or commissions addressing policy or issues relating to violence against women. [<-Struck out]

      [Struck out->] `(5) Serving, at the request of the President, acting through the Attorney General, as the representative of the United States Government on human rights and economic justice matters related to violence against women in international fora, including, but not limited to, the United Nations. [<-Struck out]

      [Struck out->] `(6) Carrying out the functions of the Department of Justice under the Violence Against Women Act of 1994 (title IV of Public Law 103-322) and the amendments made by that Act, and other functions of the Department of Justice on matters relating to violence against women, including with respect to those functions-- [<-Struck out]

        [Struck out->] `(A) the development of policy, protocols, and guidelines; [<-Struck out]

        [Struck out->] `(B) the development and management of grant programs and other programs, and the provision of technical assistance under such programs; and [<-Struck out]

        [Struck out->] `(C) the award and termination of grants, cooperative agreements, and contracts. [<-Struck out]

      [Struck out->] `(7) Providing technical assistance, coordination, and support to-- [<-Struck out]

        [Struck out->] `(A) other components of the Department of Justice, in efforts to develop policy and to enforce Federal laws relating to violence against women, including the litigation of civil and criminal actions relating to enforcing such laws; [<-Struck out]

        [Struck out->] `(B) other Federal, State, and tribal agencies, in efforts to develop policy, provide technical assistance, and improve coordination among agencies carrying out efforts to eliminate violence against women, including Indian or indigenous women; and [<-Struck out]

        [Struck out->] `(C) grantees, in efforts to combat violence against women and to provide support and assistance to victims of such violence. [<-Struck out]

      [Struck out->] `(8) Exercising such other powers and functions as may be vested in the Director pursuant to this part or by delegation of the Attorney General or Assistant Attorney General. [<-Struck out]

      [Struck out->] `(9) Establishing such rules, regulations, guidelines, and procedures as are necessary to carry out any function of the Office. [<-Struck out]

[Struck out->] `SEC. 2004. STAFF OF VIOLENCE AGAINST WOMEN OFFICE. [<-Struck out]

    [Struck out->] The Attorney General shall ensure that the Director has adequate staff to support the Director in carrying out the Director's responsibilities under this part.'. [<-Struck out]

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);

        (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.

        `(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

      `(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:

      `(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 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:

    `(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:

14

6

27

13.';

        (B) by striking the item relating to North Carolina and inserting the following:

4

4

4.';

        and

        (C) by striking the item relating to Texas and inserting the following:

12

19

7

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:

22

4

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'.

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.

Calendar No. 206

107th CONGRESS

1st Session

H.R. 2215

AN ACT

To authorize appropriations for the Department of Justice for fiscal year 2002, and for other purposes.


October 30, 2001

Reported with an amendment

END


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