H. Rept. 107-125 - 107th Congress (2001-2002)
July 10, 2001, As Reported by the Judiciary Committee

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House Report 107-125 - 21st CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT




[House Report 107-125]
[From the U.S. Government Printing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-125

======================================================================



 
  21st CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT

                                _______
                                

 July 10, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2215]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2215) to authorize appropriations for the Department 
of Justice for fiscal year 2002, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................    13
Background and Need for the Legislation..........................    15
Hearings.........................................................    15
Committee Consideration..........................................    16
Vote of the Committee............................................    16
Committee Oversight Findings.....................................    18
Performance Goals and Objectives.................................    18
New Budget Authority and Tax Expenditures........................    19
Congressional Budget Office Cost Estimate........................    19
Constitutional Authority Statement...............................    21
Section-by-Section Analysis and Discussion.......................    21
Changes in Existing Law Made by the Bill, as Reported............    29
Markup Transcript................................................    53
Additional Views.................................................   141

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``21st Century 
Department of Justice Appropriations Authorization Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002

Sec. 101. Specific sums authorized to be appropriated.
Sec. 102. Appointment of additional assistant United States attorneys; 
reduction of certain litigation positions.

                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. Protection of the Attorney General.
Sec. 208. Enforcement of Federal criminal laws by Attorney General.
Sec. 209. Counterterrorism fund.

                        TITLE III--MISCELLANEOUS

Sec. 301. Repealers.
Sec. 302. Technical amendments to title 18 of the United States Code.
Sec. 303. Required submission of proposed authorization of 
appropriations for the Department of Justice for fiscal year 2003.
Sec. 304. Review of the Department of Justice.
Sec. 305. Study of untested rape examination kits.
Sec. 306. Report on carnivore.

                    TITLE IV--VIOLENCE AGAINST WOMEN

Sec. 401. Short title.
Sec. 402. Establishment of Violence Against Women Office.
Sec. 403. Duties and functions of Director of Violence Against Women 
Office.
Sec. 404. Staff of Violence Against Women Office.

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002

SEC. 101. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED.

    There are authorized to be appropriated for fiscal year 2002, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
            (1) General administration.--For General Administration: 
        $93,433,000.
            (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $178,499,000 for administration of pardon 
        and clemency petitions and for immigration-related activities.
            (3) Office of inspector general.--For the Office of 
        Inspector General: $55,000,000, which shall include for each 
        such fiscal year, not to exceed $10,000 to meet unforeseen 
        emergencies of a confidential character.
            (4) General legal activities.--For General Legal 
        Activities: $566,822,000, which shall include for each such 
        fiscal year--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals; and
                    (B) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character.
            (5) Antitrust division.--For the Antitrust Division: 
        $140,973,000.
            (6) United states attorneys.--For United States Attorneys: 
        $1,346,289,000.
            (7) Federal bureau of investigation.--For the Federal 
        Bureau of Investigation: $3,507,109,000, which shall include 
        for each such fiscal year--
                    (A) not to exceed $1,250,000 for construction, to 
                remain available until expended; and
                    (B) not to exceed $70,000 to meet unforeseen 
                emergencies of a confidential character.
            (8) United states marshals service.--For the United States 
        Marshals Service: $626,439,000, which shall include for each 
        such fiscal year not to exceed $6,621,000 for construction, to 
        remain available until expended.
            (9) Federal prison system.--For the Federal Prison System, 
        including the National Institute of Corrections: 
        $4,662,710,000.
            (10) Federal prisoner detention.--For the support of United 
        States prisoners in non-Federal institutions, as authorized by 
        section 4013(a) of title 18 of the United States Code: 
        $724,682,000, to remain available until expended.
            (11) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,480,929,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (12) Immigration and naturalization service.--For the 
        Immigration and Naturalization Service: $3,516,411,000, which 
        shall include--
                    (A) not to exceed $2,737,341,000 for salaries and 
                expenses of enforcement and border affairs (i.e., the 
                Border Patrol, deportation, intelligence, 
                investigations, and inspection programs, and the 
                detention program);
                    (B) not to exceed $650,660,000 for salaries and 
                expenses of citizenship and benefits (i.e., programs 
                not included under subparagraph (A));
                    (C) for each such fiscal year, not to exceed 
                $128,410,000 for construction, to remain available 
                until expended; and
                    (D) not to exceed $50,000 to meet unforeseen 
                emergencies of a confidential character.
            (13) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $156,145,000 to remain available until expended, 
        which shall include for each such fiscal year not to exceed 
        $6,000,000 for construction of protected witness safesites.
            (14) Interagency crime and drug enforcement.--For 
        Interagency Crime and Drug Enforcement: $338,106,000, for 
        expenses not otherwise provided for, for the investigation and 
        prosecution of persons involved in organized crime drug 
        trafficking, except that any funds obligated from 
        appropriations authorized by this paragraph may be used under 
        authorities available to the organizations reimbursed from such 
        funds.
            (15) Foreign claims settlement commission.--For the Foreign 
        Claims Settlement Commission: $1,130,000.
            (16) Community relations service.--For the Community 
        Relations Service: $9,269,000.
            (17) Assets forfeiture fund.--For the Assets Forfeiture 
        Fund: $22,949,000 for expenses authorized by section 524 of 
        title 28, United States Code.
            (18) United states parole commission.--For the United 
        States Parole Commission: $10,862,000.
            (19) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $1,718,000.
            (20) Joint automated booking system.--For expenses 
        necessary for the operation of the Joint Automated Booking 
        System: $15,957,000.
            (21) Narrowband communications.--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: $1,996,000.
            (23) Counterterrorism fund.--For the Counterterrorism Fund 
        for necessary expenses, as determined by the Attorney General: 
        $4,989,000.
            (24) Office of justice programs.--For administrative 
        expenses not otherwise provided for, of the Office of Justice 
        Programs: $116,369,000.

SEC. 102. APPOINTMENT OF ADDITIONAL ASSISTANT UNITED STATES ATTORNEYS; 
                    REDUCTION OF CERTAIN LITIGATION POSITIONS.

    (a) Appointments.--Not later than September 30, 2003, the Attorney 
General shall exercise authority under section 542 of title 28, United 
States Code, to appoint 200 assistant United States attorneys in 
addition to the number of assistant United States attorneys serving on 
the date of the enactment of this Act.
    (b) Selection of Appointees.--Individuals first appointed under 
subsection (a) may be appointed from among attorneys who are incumbents 
of 200 full-time litigation positions in divisions of the Department of 
Justice and whose official duty station is at the seat of Government.
    (c) Termination of Positions.--Each of the 200 litigation positions 
that become vacant by reason of an appointment made in accordance with 
subsections (a) and (b) shall be terminated at the time the vacancy 
arises.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for fiscal year 2002 to 
carry out this section.

                TITLE II--PERMANENT ENABLING PROVISIONS

SEC. 201. PERMANENT AUTHORITY.

    (a) In General.--Chapter 31 of title 28, United States Code, is 
amended by adding at the end the following:

``Sec. 530C. Authority to use available funds

    ``(a) In General.--Except to the extent provided otherwise by law, 
the activities of the Department of Justice (including any bureau, 
office, board, division, commission, subdivision, unit, or other 
component thereof) may, in the reasonable discretion of the Attorney 
General, be carried out through any means, including--
            ``(1) through the Department's own personnel, acting 
        within, from, or through the Department itself;
            ``(2) by sending or receiving details of personnel to other 
        branches or agencies of the Federal Government, on a 
        reimbursable, partially-reimbursable, or nonreimbursable basis;
            ``(3) through reimbursable agreements with other Federal 
        agencies for work, materials, or equipment;
            ``(4) through contracts, grants, or cooperative agreements 
        with non-Federal parties; and
            ``(5) as provided in subsection (b), in section 524, and in 
        any other provision of law consistent herewith, including, 
        without limitation, section 102(b) of Public Law 102-395 (106 
        Stat. 1838), as incorporated by section 815(d) of Public Law 
        104-132 (110 Stat. 1315).
    ``(b) Permitted Uses.--
            ``(1) General permitted uses.--Funds available to the 
        Attorney General (i.e., all funds available to carry out the 
        activities described in subsection (a)) may be used, without 
        limitation, for the following:
                    ``(A) The purchase, lease, maintenance, and 
                operation of passenger motor vehicles, or police-type 
                motor vehicles for law enforcement purposes, without 
                regard to general purchase price limitation for the 
                then-current fiscal year.
                    ``(B) The purchase of insurance for motor vehicles, 
                boats, and aircraft operated in official Government 
                business in foreign countries.
                    ``(C) Services of experts and consultants, 
                including private counsel, as authorized by section 
                3109 of title 5, and at rates of pay for individuals 
                not to exceed the maximum daily rate payable from time 
                to time under section 5332 of title 5.
                    ``(D) Official reception and representation 
                expenses (i.e., official expenses of a social nature 
                intended in whole or in predominant part to promote 
                goodwill toward the Department or its missions, but 
                excluding expenses of public tours of facilities of the 
                Department of Justice), in accordance with 
                distributions and procedures established, and rules 
                issued, by the Attorney General, and expenses of public 
                tours of facilities of the Department of Justice.
                    ``(E) Unforeseen emergencies of a confidential 
                character, to be expended under the direction of the 
                Attorney General and accounted for solely on the 
                certificate of the Attorney General.
                    ``(F) Miscellaneous and emergency expenses 
                authorized or approved by the Attorney General, the 
                Deputy Attorney General, the Associate Attorney 
                General, or the Assistant Attorney General for 
                Administration.
                    ``(G) In accordance with procedures established and 
                rules issued by the Attorney General--
                            ``(i) attendance at meetings and seminars;
                            ``(ii) conferences and training; and
                            ``(iii) advances of public moneys under 
                        section 3324 of title 31: Provided, That travel 
                        advances of such moneys to law enforcement 
                        personnel engaged in undercover activity shall 
                        be considered to be public money for purposes 
                        of section 3527 of title 31.
                    ``(H) Contracting with individuals for personal 
                services abroad, except that such individuals shall not 
                be regarded as employees of the United States for the 
                purpose of any law administered by the Office of 
                Personnel Management.
                    ``(I) Payment of interpreters and translators who 
                are not citizens of the United States, in accordance 
                with procedures established and rules issued by the 
                Attorney General.
                    ``(J) Expenses or allowances for uniforms as 
                authorized by section 5901 of title 5, but without 
                regard to the general purchase price limitation for the 
                then-current fiscal year.
                    ``(K) Expenses of--
                            ``(i) primary and secondary schooling for 
                        dependents of personnel stationed outside the 
                        continental United States at cost not in excess 
                        of those authorized by the Department of 
                        Defense for the same area, when it is 
                        determined by the Attorney General that schools 
                        available in the locality are unable to provide 
                        adequately for the education of such 
                        dependents; and
                            ``(ii) transportation of those dependents 
                        between their place of residence and schools 
                        serving the area which those dependents would 
                        normally attend when the Attorney General, 
                        under such regulations as he may prescribe, 
                        determines that such schools are not accessible 
                        by public means of transportation.
            ``(2) Specific permitted uses.--
                    ``(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, 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.
            ``(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.''.
    (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 or of any 
                        statute, rule, regulation, program, policy, or 
                        other law whose enforcement, application, or 
                        administration is within the responsibility of 
                        the Attorney General or such officer;
                    ``(B) determines--
                            ``(i) to contest affirmatively, in any 
                        judicial, administrative, or other proceeding, 
                        the constitutionality of any provision of any 
                        Federal statute, rule, regulation, program, 
                        policy, or other law; or
                            ``(ii) to refrain from defending or 
                        asserting, in any judicial, administrative, or 
                        other proceeding, the constitutionality of any 
                        provision of any Federal statute, rule, 
                        regulation, program, policy, or other law, or 
                        not to appeal or request review of any 
                        judicial, administrative, or other 
                        determination adversely affecting the 
                        constitutionality of any such provision; or
                    ``(C) approves (other than in circumstances in 
                which a report is submitted to the Joint Committee on 
                Taxation, pursuant to section 6405 of the Internal 
                Revenue Code of 1986) the settlement or compromise 
                (other than in bankruptcy) of any claim, suit, or other 
                action--
                            ``(i) against the United States (including 
                        any agency or instrumentality thereof) for a 
                        sum that exceeds, or is likely to exceed, 
                        $2,000,000; or
                            ``(ii) by the United States (including any 
                        agency or instrumentality thereof) pursuant to 
                        an agreement, consent decree, or order that 
                        provides injunctive or other nonmonetary relief 
                        that exceeds, or is likely to exceed, 3 years 
                        in duration.
            ``(2) Submission of report to the congress.--For the 
        purposes of paragraph (1), a report shall be considered to be 
        submitted to the Congress if the report is submitted to--
                    ``(A) the majority leader and minority leader of 
                the Senate;
                    ``(B) the Speaker, majority leader, and minority 
                leader of the House of Representatives;
                    ``(C) the chairman and ranking minority member of 
                the Committee on the Judiciary of the House of 
                Representatives and the chairman and ranking minority 
                member of the Committee on the Judiciary of the Senate; 
                and
                    ``(D) the Senate Legal Counsel and the General 
                Counsel of the House of Representatives.
    ``(b) Deadline.--A report shall be submitted--
            ``(1) under subsection (a)(1)(A), not later than 30 days 
        after the establishment or implementation of each policy;
            ``(2) under subsection (a)(1)(B), within such time as will 
        reasonably enable the House of Representatives and the Senate 
        to take action, separately or jointly, to intervene in timely 
        fashion in the proceeding, but in no event later than 30 days 
        after the making of each determination; and
            ``(3) under subsection (a)(1)(C), not later than 30 days 
        after the conclusion of each fiscal-year quarter, with respect 
        to all approvals occurring in such quarter.
    ``(c) Contents.--A report required by subsection (a) shall--
            ``(1) specify the date of the establishment or 
        implementation of the policy described in subsection (a)(1)(A), 
        of the making of the determination described in subsection 
        (a)(1)(B), or of each approval described in subsection 
        (a)(1)(C);
            ``(2) include a complete and detailed statement of the 
        relevant issues and background (including a complete and 
        detailed statement of the reasons for the policy or 
        determination, and the identity of the officer responsible for 
        establishing or implementing such policy, making such 
        determination, or approving such settlement or compromise), 
        except that--
                    ``(A) such details may be omitted as may be 
                absolutely necessary to prevent improper disclosure of 
                national-security- or classified information, or of any 
                information subject to the deliberative-process-, 
                executive-, attorney-work-product-, or attorney-client 
                privileges, if the fact of each such omission (and the 
                precise ground or grounds therefor) is clearly noted in 
                the statement: provided, That this subparagraph shall 
                not be construed to deny to the Congress (including any 
                House, Committee, or agency thereof) any such omitted 
                details (or related information) that it lawfully may 
                seek, subsequent to the submission of the report; and
                    ``(B) the requirements of this paragraph shall be 
                deemed satisfied--
                            ``(i) in the case of an approval described 
                        in subsection (a)(1)(C)(i), if an unredacted 
                        copy of the entire settlement agreement and 
                        consent decree or order (if any) is provided, 
                        along with a statement indicating the legal and 
                        factual basis or bases for the settlement or 
                        compromise (if not apparent on the face of 
                        documents provided); and
                            ``(ii) in the case of an approval described 
                        in subsection (a)(1)(C)(ii), if an unredacted 
                        copy of the entire settlement agreement and 
                        consent decree or order (if any) is provided, 
                        along with a statement indicating the 
                        injunctive or other nonmonetary relief (if not 
                        apparent on the face of documents provided); 
                        and
            ``(3) in the case of a determination described in 
        subsection (a)(1)(B) or an approval described in subsection 
        (a)(1)(C), indicate the nature, tribunal, identifying 
        information, and status of the proceeding, suit, or action.
    ``(d) Declaration.--In the case of a determination described in 
subsection (a)(1)(B), the representative of the United States 
participating in the proceeding shall make a clear declaration in the 
proceeding that any position expressed as to the constitutionality of 
the provision involved is 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 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;
                    (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; and
                    (iii) all approvals described in subsection 
                (a)(1)(C) of such section that were made between 
                October 1, 1996, and the date of the enactment of this 
                Act.
            (B) If a determination described in subparagraph (A)(ii) 
        relates to any judicial, administrative, or other proceeding 
        that is pending in the 90-day period beginning on the date of 
        the enactment of this Act, with respect to any such 
        determination, then the report required by this paragraph shall 
        be submitted within such time as will reasonably enable the 
        House of Representatives and the Senate to take action, 
        separately or jointly, to intervene in timely fashion in the 
        proceeding, but not later than 30 days after the date of the 
        enactment of this Act.

SEC. 203. NOTIFICATIONS AND REPORTS TO BE PROVIDED SIMULTANEOUSLY TO 
                    COMMITTEES.

    If the Attorney General or any officer of the Department of Justice 
(including any bureau, office, board, division, commission, 
subdivision, unit, or other component thereof) is required by any Act 
(which shall be understood to include any request or direction 
contained in any report of a committee of the Congress relating to an 
appropriations Act or in any statement of managers accompanying any 
conference report agreed to by the Congress) to provide a notice or 
report to any committee or subcommittee of the Congress (other than 
both the Committee on the Judiciary of the House of Representatives and 
the Committee on the Judiciary of the Senate), then such Act shall be 
deemed to require that a copy of such notice or report be provided 
simultaneously to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate.

SEC. 204. MISCELLANEOUS USES OF FUNDS; TECHNICAL AMENDMENTS.

    (a) Bureau of Justice Assistance Grant Programs.--Title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended--
            (1) in section 504(a) by striking ``502'' and inserting 
        ``501(b)'';
            (2) in section 506(a)(1) by striking ``participating'';
            (3) in section 510--
                    (A) in subsection (a)(3) by striking ``502'' 
                inserting ``501(b)''; and
                    (B) by adding at the end the following:
    ``(d) No grants or contracts under subsection (b) may be made, 
entered into, or used, directly or indirectly, to provide any security 
enhancements or any equipment to any non-governmental entity.''; and
            (4) in section 511 by striking ``503'' inserting 
        ``501(b)''.
    (b) Attorneys Specially Retained by the Attorney General.--The 3d 
sentence of section 515(b) of title 28, United States Code, is amended 
by striking ``at not more than $12,000''.

SEC. 205. TECHNICAL AND MISCELLANEOUS AMENDMENTS TO DEPARTMENT OF 
                    JUSTICE AUTHORITIES; AUTHORITY TO TRANSFER PROPERTY 
                    OF MARGINAL VALUE; RECORDKEEPING; PROTECTION OF THE 
                    ATTORNEY GENERAL.

    (a) Section 524 of title 28, United States Code, is amended--
            (1) in subsection (a) by inserting ``to the Attorney 
        General'' after ``available'';
            (2) in paragraph (c)(1)--
                    (A) by striking the semicolon at the end of the 1st 
                subparagraph (I) and inserting a period;
                    (B) by striking the 2d subparagraph (I);
                    (C) by striking ``(A)(iv), (B), (F), (G), and (H)'' 
                in the 1st sentence following the 2d subparagraph (I) 
                and inserting ``(A)(ii), (B), (F), and (G),''; and
                    (D) by striking ``fund'' in the 3d sentence 
                following the 2d subparagraph (I) and inserting 
                ``Fund'';
            (3) in paragraph (c)(2)--
                    (A) by striking ``for information'' each place it 
                appears; and
                    (B) by striking ``$250,000'' the 2d and 3d places 
                it appears and inserting ``$500,000'';
            (4) in paragraph (c)(3) by striking ``(F)'' and inserting 
        ``(G)'';
            (5) in paragraph (c)(5) by striking ``Fund which'' and 
        inserting ``Fund, that'';
            (6) in subsection (c)(8)(A) by striking ``(A)(iv), (B), 
        (F), (G), and (H)'' and inserting ``(A)(ii), (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(2) of title 28, United States Code, is amended by 
inserting ``or the person of the Attorney General'' after 
``President''.

SEC. 206. OVERSIGHT; WASTE, FRAUD, AND ABUSE OF APPROPRIATIONS.

    (a) Section 529 of title 28, United States Code, is amended by 
inserting ``(a)'' before ``Beginning'', and by adding at the end the 
following:
    ``(b) The Attorney General shall, not later than February 2, 2003, 
and of every year thereafter, provide to the Committees on the 
Judiciary and Appropriations of each House of the Congress--
            ``(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 
        (including, without limitation, any subgrantees or 
        subcontractors), the names of each unsuccessful applicant or 
        bidder (and a complete and detailed description of the 
        application or bid and the specific purpose or purposes 
        proposed), and the name of the contracting officer; and
            ``(2) a performance review of every grant, cooperative 
        agreement, or programmatic services contract made, entered 
        into, awarded, or extended 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 
        terminated or that otherwise ended in the 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 sworn, written declaration by each 
        grantee, contractor, subcontractor, and subgrantee 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 termination or 
                end.''.
    (b) Section 1913 of title 18, United States Code, is amended by 
striking ``to favor'' and inserting ``a jurisdiction, or an official of 
any government, to favor, adopt,'', by inserting ``, law, ratification, 
policy,'' after ``legislation'' every place it appears, by striking 
``by Congress'' the 2d place it appears, by inserting ``or such 
official'' before ``, through the proper'', by inserting ``, measure,'' 
before ``or resolution'', by striking ``Members of Congress on the 
request of any Member'' and inserting ``any such Member or official, at 
his request,'', by striking ``for legislation'' and inserting ``for any 
legislation'', and by moving ``, being an officer or employee of the 
United States or of any department or agency thereof,'' to immediately 
after ``; and''.
    (c) Section 1516(a) of title 18, United States Code, is amended by 
inserting ``, entity, or program'' after ``person'', and by inserting 
``grant, or cooperative agreement,'' after ``subcontract,''.
    (d) Section 112 of title I of section 101(b) of division A of 
Public Law 105-277 (112 Stat. 2681-67) is amended by striking ``fiscal 
year'' and all that follows through ``Justice--'', and inserting ``any 
fiscal year the Attorney General--''.
    (e) Section 2320(f) of title 18, United States Code, is amended--
            (1) by striking ``title 18'' each place it appears and 
        inserting ``this title''; and
            (2) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively;
            (3) by inserting ``(1)'' after ``(f)''; and
            (4) by adding at the end the following:
    ``(2) The report under paragraph (1), with respect to criminal 
infringement of copyright, shall include the following:
            ``(A) The number of infringement cases involving specific 
        types of works, such as audiovisual works, sound recordings, 
        business software, video games, books, and other types of 
        works.
            ``(B) The number of infringement cases involving an online 
        element.
            ``(C) The number and dollar amounts of fines assessed in 
        specific categories of dollar amounts, such as up to $500, from 
        $500 to $1,000, from $1,000 to $5,000, from $5,000 to $10,000, 
        and categories above $10,000.
            ``(D) The amount of restitution awarded.
            ``(E) Whether the sentences imposed were served.''.

SEC. 207. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY ATTORNEY GENERAL.

    Section 535 of title 28, United States Code, is amended in 
subsections (a) and (b), by replacing ``title 18'' with ``Federal 
criminal law'', and in subsection (b), by replacing ``or complaint'' 
with ``matter, or complaint witnessed, discovered, or'', and by 
inserting ``or the witness, discoverer, or recipient, as appropriate,'' 
after ``agency,''.

SEC. 208. COUNTERTERRORISM FUND.

    (a) Establishment; Availability.--There is hereby established in 
the Treasury of the United States a separate fund to be known as the 
``Counterterrorism Fund'', amounts in which shall remain available 
without fiscal year limitation--
            (1) to reimburse any Department of Justice component for 
        any costs incurred in connection with--
                    (A) reestablishing the operational capability of an 
                office or facility that has been damaged or destroyed 
                as the result of any domestic or international 
                terrorism incident;
                    (B) providing support to counter, investigate, or 
                prosecute domestic or international terrorism, 
                including, without limitation, paying rewards in 
                connection with these activities; and
                    (C) conducting terrorism threat assessments of 
                Federal agencies and their facilities; and
            (2) to reimburse any department or agency of the Federal 
        Government for any costs incurred in connection with detaining 
        in foreign countries individuals accused of acts of terrorism 
        that violate the laws of the United States.
    (b) No Effect on Prior Appropriations.--The amendment made by 
subsection (a) shall not affect the amount or availability of any 
appropriation to the Counterterrorism Fund made before the date of 
enactment of this Act.

                        TITLE III--MISCELLANEOUS

SEC. 301. REPEALERS.

    (a) Open-Ended Authorization of Appropriations for National 
Institute of Corrections.--Chapter 319 of title 18, United States Code, 
is amended by striking section 4353.
    (b) Open-Ended Authorization of Appropriations for United States 
Marshals Service.--Section 561 of title 28, United States Code, is 
amended by striking subsection (i).
    (c) Repeal of Violent Crime Reduction Trust Fund.--
            (1) Repealer.--Section 310001 of Public Law 103-322 is 
        repealed.
            (2) Conforming amendments.--
                    (A) Title 31 of the united states code.--Title 31 
                of the United States Code is amended--
                            (i) in section 1321(a) by striking 
                        paragraph (91), and
                            (ii) in section 1105(a) by striking 
                        paragraph (30).
                    (B) Availability of funds.--(i) Section 210603 of 
                the Violent Crime Control and Law Enforcement Act of 
                1994 (18 U.S.C. 922 note) is amended by striking 
                subsection (a).
                    (ii) Section 13(a) of Public Law 91-383 (16 U.S.C. 
                1a-7a(a)) is amended by striking ``out of the Violent 
                Crime Reduction Trust Fund,''.
                    (iii) Section 6(h)(1) of the Land and Water 
                Conservation Fund Act of 1965 (16 U.S.C. 460l-8(h)(1)) 
                is amended by striking ``, and from amounts 
                appropriated out of the Violent Crime Reduction Trust 
                Fund,''.
                    (iv) Section 241(i)(5) of the Immigration and 
                Nationality Act (8 U.S.C. 1231(i)(5)) is amended by 
                striking ``, of which'' and all that follows through 
                ``2000''.
                    (v) Sections 808 and 823 of the Antiterrorism and 
                Effective Death Penalty Act of 1996 (Public Law 104-
                132; 110 Stat. 1310, 1317) are repealed.
                    (vi) The Drug-Free Prisons and Jails Act of 1998 
                (42 U.S.C. 3751 note) is amended by striking section 
                118.
                    (vii) Section 401(e) of the Economic Espionage Act 
                of 1996 (42 U.S.C. 13751 note) is amended by striking 
                paragraph (2).

SEC. 302. TECHNICAL AMENDMENTS TO TITLE 18 OF THE UNITED STATES CODE.

    Title 18 of the United States Code is amended--
            (1) in section 4041 by striking ``at a salary of $10,000 a 
        year'';
            (2) in section 4013--
                    (A) in subsection (a)--
                            (i) by replacing ``the support of United 
                        States prisoners'' with ``Federal prisoner 
                        detention'';
                            (ii) in paragraph (2) by adding ``and'' 
                        after ``hire;'';
                            (iii) in paragraph (3) by replacing 
                        ``entities; and'' with ``entities.''; and
                            (iv) in paragraph (4) by inserting ``The 
                        Attorney General, in support of Federal 
                        prisoner detainees in non-Federal institutions, 
                        is authorized to make payments, from funds 
                        appropriated for State and local law 
                        enforcement assistance, for'' before 
                        ``entering''; and
                    (B) by redesignating--
                            (i) subsections (b) and (c) as subsections 
                        (c) and (d); and
                            (ii) paragraph (a)(4) as subsection (b), 
                        and subparagraphs (A), (B), and (C), of such 
                        paragraph (a)(4) as paragraphs (1), (2), and 
                        (3) of such subsection (b); and
            (3) in section 209(a)--
                    (A) by striking ``or makes'' and inserting 
                ``makes''; and
                    (B) by striking ``supplements the salary of, any'' 
                and inserting ``supplements, the salary of any''.

SEC. 303. REQUIRED SUBMISSION OF PROPOSED AUTHORIZATION OF 
                    APPROPRIATIONS FOR THE DEPARTMENT OF JUSTICE FOR 
                    FISCAL YEAR 2003.

    When the President submits to the Congress the budget of the United 
States Government for fiscal year 2003, the President shall 
simultaneously submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate such 
proposed legislation authorizing appropriations for the Department of 
Justice for fiscal year 2003 as the Attorney General may judge 
necessary and expedient.

SEC. 304. REVIEW OF THE DEPARTMENT OF JUSTICE.

    (a) Appointment of Deputy Inspector General for the Federal Bureau 
of Investigation.--The Inspector General of the Department of Justice 
shall appoint a Deputy Inspector General for the Federal Bureau of 
Investigation who shall be responsible for supervising independent 
oversight of programs and operations of the Federal Bureau of 
Investigation until September 30, 2004.
    (b) Inspector General Oversight Plan for the Federal Bureau of 
Investigation.--Not later than 30 days after the date of the enactment 
of this Act, the Inspector General of the Department of Justice shall 
submit to the Congress a plan for oversight of the Federal Bureau of 
Investigation. The Inspector General shall consider the following 
activities for inclusion in such plan:
            (1) Financial systems.--Auditing the financial systems, 
        information technology systems, and computer security systems 
        of the Federal Bureau of Investigation.
            (2) Programs and processes.--Auditing and evaluating 
        programs and processes of the Federal Bureau of Investigation 
        to identify systemic weaknesses or implementation failures and 
        to recommend corrective action.
            (3) Internal affairs offices.--Reviewing the activities of 
        internal affairs offices of the Federal Bureau of 
        Investigation, including the Inspections Division and the 
        Office of Professional Responsibility.
            (4) Personnel.--Investigating allegations of serious 
        misconduct by personnel of the Federal Bureau of Investigation.
            (5) Other programs and operations.--Reviewing matters 
        relating to any other program or and operation of the Federal 
        Bureau of Investigation that the Inspector General determines 
        requires review.
            (6) Resources.--Identifying resources needed by the 
        Inspector General to implement such plan.
    (c) Review of Attorney General Order.--Not later than 30 days after 
the date of the enactment of this Act, the Attorney General shall--
            (1) review Attorney General Order 1931-94 (signed November 
        8, 1994); and
            (2) submit to the Congress a report stating whether the 
        Attorney General intends to rescind, to modify, or to take no 
        action affecting such order.

SEC. 305. STUDY OF UNTESTED RAPE EXAMINATION KITS.

    The Attorney General shall conduct a study to assess and report to 
Congress the number of untested rape examination kits that currently 
exist nationwide and shall submit to the Congress a report containing a 
summary of the results of such study. For the purpose of carrying out 
such study, the Attorney General shall attempt to collect information 
from all law enforcement jurisdictions in the United States.

SEC. 306. REPORT ON DCS 1000 (``CARNIVORE'').

    Not later than 30 days after the end of fiscal years 2001 and 2002, 
the Attorney General and the Director of the Federal Bureau of 
Investigation shall provide to the Judiciary Committees of the House of 
Representatives and Senate a report detailing--
            (1) the number of times DCS 1000 was used for surveillance 
        during the preceding fiscal year;
            (2) the Department of Justice official or officials who 
        approved each use of DCS 1000;
            (3) the criteria used by the Department of Justice 
        officials to review requests to use of DSC 1000;
            (4) a complete description of the process used to submit, 
        review, and approve requests to use DCS 1000;
            (5) the specific statutory authority relied on to use DCS 
        1000;
            (6) the court that authorized each use of DCS 1000;
            (7) the number of orders, warrants, or subpoenas applied 
        for, to authorize the use of DCS 1000;
            (8) the fact that the order, warrant, or subpoena was 
        granted as applied for, was modified, or was denied;
            (9) the offense specified in the order, warrant, subpoena, 
        or application; and
            (10) the nature of the facilities from which, or the place 
        where the contents of, electronic communications were to be 
        disclosed.

                    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) 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 title referred to as the 
``Office'').
    (b) Director.--The Office shall be headed by a Director (in this 
title 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 Associate 
Attorney General. 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 
title.

SEC. 403. DUTIES AND FUNCTIONS OF DIRECTOR OF VIOLENCE AGAINST WOMEN 
                    OFFICE.

    (a) In General.--The Director shall have the following duties:
            (1) Serving as special counsel to the Attorney General on 
        the subject of violence against women.
            (2) Maintaining liaison with the judicial branches of the 
        Federal and State Governments on matters relating to violence 
        against women.
            (3) Providing information to the President, the Congress, 
        the judiciary, State and local governments, and the general 
        public on matters relating to violence against women.
            (4) Serving, at the request of the Attorney General or 
        Associate Attorney General, as the representative of the 
        Department of Justice on domestic task forces, committees, or 
        commissions addressing policy or issues relating to violence 
        against women.
            (5) Serving, at the request of the President, acting 
        through the Attorney General, as the representative of the 
        United States Government on human rights and economic justice 
        matters related to violence against women in international 
        forums, including, but not limited to, the United Nations.
            (6) Carrying out the functions of the Department of Justice 
        under the Violence Against Women Act of 1994 (title IV of 
        Public Law 103-322) and the amendments made by that Act, and 
        other functions of the Department of Justice on matters 
        relating to violence against women, including with respect to 
        those functions--
                    (A) the development of policy, protocols, and 
                guidelines;
                    (B) the development and management of grant 
                programs and other programs, and the provision of 
                technical assistance under such programs; and
                    (C) the award and termination of grants, 
                cooperative agreements, and contracts.
            (7) Providing technical assistance, coordination, and 
        support to--
                    (A) other elements of the Department of Justice, in 
                efforts to develop policy and to enforce Federal laws 
                relating to violence against women, including the 
                litigation of civil and criminal actions relating to 
                enforcing such laws;
                    (B) other Federal, State, and tribal agencies, in 
                efforts to develop policy, provide technical 
                assistance, and improve coordination among agencies 
                carrying out efforts to eliminate violence against 
                women, including Indian or indigenous women; and
                    (C) grantees, in efforts to combat violence against 
                women and to provide support and assistance to victims 
                of such violence.
            (8) Exercising such other powers and functions as may be 
        vested in the Director pursuant to this title or by delegation 
        of the Attorney General or Associate Attorney General.
            (9) Establishing such rules, regulations, guidelines, and 
        procedures as are necessary to carry out any function of the 
        Office.

SEC. 404. STAFF OF VIOLENCE AGAINST WOMEN OFFICE.

    The Attorney General shall ensure that the Director has adequate 
staff to support the Director in carrying out the Director's 
responsibilities under this title.

                          Purpose and Summary

    H.R. 2215, the ``21st Century Department of Justice 
Appropriations Authorization Act,'' is a comprehensive 
authorization of the United States Department of Justice 
(``DOJ'' or the ``Department''). H.R. 2215 contains four titles 
which authorize appropriations for the Department for fiscal 
year 2002, provide permanent enabling authorities which will 
allow the Department to efficiently carry out its mission, 
clarify and harmonize existing statutory authority, and repeal 
obsolete statutory authorities. The bill establishes certain 
reporting requirements and other mechanisms (such as a Deputy 
Inspector General for the Federal Bureau of Investigation 
(FBI)) intended to better enable the Congress and the 
Department to oversee the operations of the Department. 
Finally, the bill creates a separate Violence Against Women 
Office. H.R. 2215 is sponsored by Chairman F. James 
Sensenbrenner, Jr. and Ranking Minority Member John Conyers, 
Jr.
    Title I authorizes appropriations for the major components 
of the Justice Department for fiscal year 2002. The 
authorization mirrors the President's request regarding the 
Department except in two respects. First, the Committee 
increased the President's request for the DOJ Inspector General 
by $10 million. This is necessary because the Committee is 
concerned about the severe downsizing of that office and the 
need for oversight, particularly of the FBI. Second, H.R. 2215 
does not authorize appropriations for several unauthorized 
grant programs. The Committee has made a determination that it 
will review each of these expired programs and authorize them 
as needed. The Committee has already done this for the juvenile 
justice block grants program.\1\ In addition, title I 
authorizes the Attorney General to transfer 200 lawyers from 
among the six litigating divisions at Justice Department 
headquarters in Washington, D.C. to the field.
---------------------------------------------------------------------------
    \1\ See H.R. 863, 107th Cong., (2001); Consequences for Juvenile 
Offenders Act of 2001, H.R. Rept. No. 107-46 (April 20, 2001).
---------------------------------------------------------------------------
    Title II permanently establishes a clear set of authorities 
that the Department may rely on to use appropriated funds, 
including establishing permitted uses of appropriated funds by 
the Attorney General for Fees and Expenses of Witnesses, the 
Federal Bureau of Investigation (FBI), the Immigration and 
Naturalization Service (INS), the Federal Prison System, and 
the Detention Trustee. Title II also establishes new reporting 
requirements which are intended to enhance Congressional 
oversight of the Department, including new reporting 
requirements for information about the enforcement of existing 
laws, for information regarding the Office of Justice Programs 
(OJP), and the submission of other reports, required by 
existing law, to the House and Senate Committees on the 
Judiciary. Section 206(e) expands an existing reporting 
requirement regarding copyright infringement cases. Title II 
also makes several technical and miscellaneous amendments to 
various DOJ authorities.
    Title III repeals outdated statutes, requires the 
submission of an annual authorization bill to the House and 
Senate Committees on the Judiciary, and provides new oversight 
and reporting requirements for the FBI and other activities 
conducted by the Department. Title III repeals the Violent 
Crime Reduction Trust Fund and related cross references because 
this fund is no longer used to fund crime fighting programs and 
is therefore obsolete. It also repeals the open-ended 
authorization for the National Institute of Corrections and the 
U.S. Marshall's Service. Title III also contains a number of 
additional technical and minor amendments to title 18 of the 
United States Code.
    Title III requires the Department to submit any fiscal year 
2003 authorization bill to the House and Senate Committees on 
the Judiciary. It establishes a Deputy Inspector General for 
the FBI and requires the Inspector General of the Justice 
Department to submit a timely oversight plan for the FBI and 
requires the Attorney General to submit a timely review of 
Attorney General order 1931-94 to the Congress. Finally, title 
III requires the Department to submit studies to Congress on 
untested rape examination kits and the use of DCS 1000, also 
known as Carnivore, and other similar Internet surveillance 
systems.
    Title IV establishes a Violence Against Women Office (VAWO) 
within the Justice Department. The VAWO is headed by a 
Director, who is appointed by the President and confirmed by 
the Senate. In addition, title IV enumerates duties and 
responsibilities of the Director, and requires the Attorney 
General to ensure VAWO is adequately staffed.

                Background and Need for the Legislation

    Authorization is the process by which Congress creates, 
amends, and extends programs in response to national needs. 
Authorization is perhaps the most important oversight tool that 
a Committee can employ. Through authorization, legislative 
committees establish management objectives and provide 
expertise and guidance to the Appropriations Committee. Once a 
Federal program has been authorized, the Appropriations 
Committee provides the actual budget authority, which allows 
Federal agencies to enter into obligations and spend the money 
that is appropriated.
    The Department of Justice has not been properly authorized 
since 1979.\2\ Since that time, several attempts to authorize 
the Department have failed either because of poor timing or 
because the authorization bills were compromised by 
controversial amendments. H.R. 2215 will, for the first time in 
over 20 years, comprehensively authorize the Department of 
Justice and its various components.
---------------------------------------------------------------------------
    \2\ Department of Justice Appropriations Authorization Act, Fiscal 
Year 1980, Pub. L. No. 96-132, 93 Stat. 1040 (Nov. 30, 1979).
---------------------------------------------------------------------------

                                Hearings

    The Committee's Subcommittee on Crime conducted an 
oversight hearing on May 3, 2001 and received testimony from 
four witnesses: Louie McKinney, Acting Director for the United 
States Marshals Service; Donnie Marshall, Administrator of the 
Drug Enforcement Administration; Thomas Pickard, Deputy 
Director for the Federal Bureau of Investigation; and Kathleen 
Sawyer, Director of the Federal Bureau of Prisons.
    On May 9, 2001, the Subcommittee on Commercial and 
Administrative Law conducted an oversight hearing and received 
testimony from five witnesses: Mark Calloway, Director of the 
Executive Office for the United States Attorneys; John Cruden, 
Acting Assistant Attorney General for the Environment and 
Natural Resources Division; Martha Davis, Acting Director of 
the Executive Office for United States Trustees; Stuart 
Schiffer, Acting Assistant Attorney General for the Civil 
Division; Barbara Underwood; Acting Solicitor General of the 
United States.
    On May 15, 2001, the Subcommittee on Crime conducted a 
second oversight hearing and received testimony from five 
witnesses: Michael Horowitz, Chief of Staff of the Criminal 
Division; Ralph Justus, Acting Director of the Community 
Oriented Policing Services; and Mary Leary, Acting Assistant 
Attorney General for the Office of Justice Programs.
    Also on May 15, 2001, the Subcommittee on Immigration and 
Claims conducted an oversight hearing and received testimony 
from five witnesses: Roy Beck , Executive Director of Numbers 
USA.com; John Lacey, Chariman of the Foreign Claims Settlement 
Commission; Peggy Philbin, Acting Director for the Executive 
Office for Immigration Review; Kevin Rooney, Acting 
Commissioner of the Immigration and Naturalization Service 
(INS); and Bishop Thomas G. Wenski, Auxiliary Bishop of Miami 
on behalf of National Conference of Catholic Bishops' Committee 
on Migration.
    In addition, Attorney General Ashcroft testified before the 
Full Committee during a June 6, 2001, oversight hearing.

                        Committee Consideration

    On Wednesday, June 20, 2001, the full Committee met in open 
session and ordered favorably reported the bill H.R. 2215, as 
amended, by a voice vote, a quorum being present.

                         Votes of the Committee

    1. Ms. Baldwin offered an amendment which permanently 
establishes a Violence Against Women Office to implement the 
Violence Against Women Act. The Office would be headed by a 
director appointed by the President by and with the advice and 
consent of the Senate. The amendment was agreed to by a vote of 
15 to 9.

                                                   ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Hyde........................................................
Mr. Gekas.......................................................                              X
Mr. Coble.......................................................                              X
Mr. Smith (Texas)...............................................
Mr. Gallegly....................................................              X
Mr. Goodlatte...................................................                              X
Mr. Chabot......................................................              X
Mr. Barr........................................................                              X
Mr. Jenkins.....................................................                              X
Mr. Hutchinson..................................................              X
Mr. Cannon......................................................                              X
Mr. Graham......................................................              X
Mr. Bachus......................................................
Mr. Scarborough.................................................
Mr. Hostettler..................................................                              X
Mr. Green.......................................................
Mr. Keller......................................................                              X
Mr. Issa........................................................              X
Ms. Hart........................................................              X
Mr. Flake.......................................................                              X
Mr. Conyers.....................................................              X
Mr. Frank.......................................................
Mr. Berman......................................................              X
Mr. Boucher.....................................................
Mr. Nadler......................................................
Mr. Scott.......................................................              X
Mr. Watt........................................................              X
Ms. Lofgren.....................................................              X
Ms. Jackson Lee.................................................
Ms. Waters......................................................              X
Mr. Meehan......................................................
Mr. Delahunt....................................................
Mr. Wexler......................................................
Ms. Baldwin.....................................................              X
Mr. Weiner......................................................              X
Mr. Schiff......................................................
Mr. Sensenbrenner, Chairman.....................................              X
                                                                 -----------------------------------------------
    Total.......................................................             15               9
----------------------------------------------------------------------------------------------------------------

    2. Mr. Flake offered a motion to reconsider the Community 
Oriented Policing Services (COPS) amendment offered by Mr. 
Weiner. The motion to reconsider was agreed to by a vote of 16 
to 7.

                                                   ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Hyde........................................................
Mr. Gekas.......................................................              X
Mr. Coble.......................................................              X
Mr. Smith (Texas)...............................................              X
Mr. Gallegly....................................................              X
Mr. Goodlatte...................................................              X
Mr. Chabot......................................................              X
Mr. Barr........................................................              X
Mr. Jenkins.....................................................              X
Mr. Hutchinson..................................................              X
Mr. Cannon......................................................              X
Mr. Graham......................................................              X
Mr. Bachus......................................................
Mr. Scarborough.................................................
Mr. Hostettler..................................................              X
Mr. Green.......................................................
Mr. Keller......................................................                              X
Mr. Issa........................................................              X
Ms. Hart........................................................              X
Mr. Flake.......................................................              X
Mr. Conyers.....................................................
Mr. Frank.......................................................
Mr. Berman......................................................                              X
Mr. Boucher.....................................................
Mr. Nadler......................................................
Mr. Scott.......................................................                              X
Mr. Watt........................................................                              X
Ms. Lofgren.....................................................                              X
Ms. Jackson Lee.................................................
Ms. Waters......................................................                              X
Mr. Meehan......................................................
Mr. Delahunt....................................................
Mr. Wexler......................................................
Ms. Baldwin.....................................................                              X
Mr. Weiner......................................................
Mr. Schiff......................................................
Mr. Sensenbrenner, Chairman.....................................              X
                                                                 -----------------------------------------------
    Total.......................................................             16               7
----------------------------------------------------------------------------------------------------------------

    3. Mr. Weiner offered an amendment which would have 
authorized $1,150,000,000 for the Office of Community Oriented 
Policing Services. It also would have authorized $600,000,000 
for hiring and retention programs for people hired under the 
COPS program. The amendment was defeated by a vote of 9 to 16.

                                                   ROLLCALL NO. 3
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Hyde........................................................
Mr. Gekas.......................................................                              X
Mr. Coble.......................................................                              X
Mr. Smith (Texas)...............................................                              X
Mr. Gallegly....................................................                              X
Mr. Goodlatte...................................................                              X
Mr. Chabot......................................................                              X
Mr. Barr........................................................                              X
Mr. Jenkins.....................................................                              X
Mr. Hutchinson..................................................                              X
Mr. Cannon......................................................                              X
Mr. Graham......................................................                              X
Mr. Bachus......................................................
Mr. Scarborough.................................................
Mr. Hostettler..................................................                              X
Mr. Green.......................................................
Mr. Keller......................................................              X
Mr. Issa........................................................                              X
Ms. Hart........................................................                              X
Mr. Flake.......................................................                              X
Mr. Conyers.....................................................              X
Mr. Frank.......................................................
Mr. Berman......................................................              X
Mr. Boucher.....................................................
Mr. Nadler......................................................
Mr. Scott.......................................................              X
Mr. Watt........................................................              X
Ms. Lofgren.....................................................              X
Ms. Jackson Lee.................................................
Ms. Waters......................................................              X
Mr. Meehan......................................................
Mr. Delahunt....................................................
Mr. Wexler......................................................
Ms. Baldwin.....................................................              X
Mr. Weiner......................................................              X
Mr. Schiff......................................................
Mr. Sensenbrenner, Chairman.....................................                              X
                                                                 -----------------------------------------------
    Total.......................................................              9              16
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                    Performance Goals and Objectives

    H.R. 2215 is the first comprehensive authorization of the 
Department of Justice in over 20 years. This legislation 
streamlines, clarifies, and harmonizes the legal authority that 
the Department relies on to justify certain expenditures. These 
updated and streamlined authorities should enhance the 
performance of the Department. Furthermore, this legislation 
contains a number of provisions designed to enhance 
congressional oversight over the Department and its components. 
Specifically, section 304 of the bill is intended to supplement 
the Inspector General's oversight of the Federal Bureau of 
Investigation which should reduce incidence of waste and 
mismanagement at the Bureau. While this bill makes certain 
changes to improve the efficiency of the Department of Justice, 
the Committee anticipates management decisions by the Attorney 
General to provide a more effective and efficient Department of 
Justice for the American people.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2215, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:
                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 6, 2001.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2215, the 21st 
Century Department of Justice Appropriations Authorization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark 
Grabowicz and Lanette J. Walker, who can be reached at 226-
2860.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers Jr.
        Ranking Member
H.R. 2215--21st Century Department of Justice Appropriations 
        Authorization Act.
    H.R. 2215 would authorize the appropriation of funds in 
fiscal year 2002 for many programs and agencies in the 
Department of Justice (DOJ), including the Federal Bureau of 
Investigation, the Immigration and Naturalization Service, the 
United States Attorneys, and the Bureau of Prisons. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing H.R. 2215 would cost $17.6 billion over the 2002-
2006 period. (The four agencies listed above would account for 
almost $13 billion of that total.) This legislation would not 
affect direct spending or receipts, so pay-as-you-go procedures 
would not apply.
    H.R. 2215 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments. Some of the funds authorized in the bill would be 
provided to state and local governments in the form of grants 
and reimbursements.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 2215 is shown in the 
following table. The cost of this legislation falls within 
budget functions 750 (administration of justice), 050 (national 
defense), and 150 (international affairs).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                              2001     2002     2003     2004     2005     2006
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law
  Budget Authority \1\                                       15,597        0        0        0        0        0
  Estimated Outlays                                          15,089    3,023    1,315      292      131       79

Proposed Changes
  Estimated Authorization Level                                   0   17,689        0        0        0        0
  Estimated Outlays                                               0   13,463    2,588    1,205      259       58

Spending Under H.R. 2215
  Estimated Authorization Level \1\                          15,597   17,689        0        0        0        0
  Estimated Outlays                                          15,089   16,486    3,903    1,497      390      137
----------------------------------------------------------------------------------------------------------------
1. The 2001 level is the amount appropriated for that year for the programs that would be authorized by the
  bill. The 2001 appropriation for the entire Department of Justice is $20.9 billion.

                           BASIS OF ESTIMATE

    For the purposes of this estimate, CBO assumes that the 
amounts authorized by the bill will be appropriated by the 
start of fiscal year 2002 and that spending would follow the 
historical spending rates for the authorized activities. We 
expect a few programs to spend additional funds more slowly 
than the historical rates because the bill would provide 
substantial increases in authorization amounts, relative to the 
amounts appropriated for 2001.
    Under current law, the Antitrust Division of DOJ is 
authorized to collect pre-merger filing fees and spend such 
collections without further appropriation action. CBO assumes 
that amounts authorized to be appropriated in H.R. 2215 for the 
Antitrust Division are in addition to this current authority. 
Section 102 of the bill would authorize the transfer of 200 
positions within DOJ to create additional assistant U.S. 
attorneys. Under the bill, the new positions would be filled by 
current litigation attorneys, and those positions would be 
eliminated. H.R. 2215 would authorize the appropriation of such 
sums as necessary in 2002 to fund this action. Based on 
information from DOJ, we estimate that implementing this 
provision would cost $6 million in 2002 to pay for increases in 
salaries, benefits, and travel costs.

                      PAY-AS-YOU-GO CONSIDERATIONS

    None.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 2215 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on state, 
local, or tribal governments. Some of the funds authorized in 
the bill would be provided to state and local governments in 
the form of grants and reimbursements.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz and Lanette J. Walker (226-2860)
Impact on State, Local, and Tribal Governments: Shelley 
    Finlayson (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2960)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion

Section 1. Short Title and Table of Contents.
    Section 1 provides that the short title of the act shall be 
the ``21st Century Department of Justice Appropriations 
Authorization Act.'' It also contains a table of contents.

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002

Section 101. Specific Sums Authorized to be Appropriated
    Section 101 authorizes appropriations to carry out the work 
of the various components of the Department of Justice for 
fiscal year 2002. The structure of title I mirrors the 
organization of the annual Commerce-Justice-State (CJS) 
appropriations bill and the President's budget request. The 
bill authorizes the appropriations of amounts requested by the 
President except for one account. The account funding the 
Office of Inspector General is authorized at $10 million above 
the President's request. The accounts, and the activities and 
components that each would fund, are as follows:
    General Administration--$93,433,000--For the leadership 
offices of the Department (including the offices of the 
Attorney General and Deputy Attorney General) and the Justice 
Management Division, Executive Support program, Intelligence 
Policy, Office of Professional Responsibility, and General 
Administration.
    Administrative Review and Appeals--$178,499,000--For the 
Executive Office for Immigration Review and the Office of the 
Pardon Attorney.
    Office of Inspector General--$55,000,000--For the 
investigation of allegations of violations of criminal and 
civil statutes, regulations, and ethical standards by 
Department employees, and for the new position of Deputy 
Inspector General to oversee the Federal Bureau of 
Investigation. This amount is $10 million above the President's 
Request. The IG's office has been severely downsized over the 
last several years from approximately 460 to 360 full-time 
equivalents. Oversight is a priority and this level of funding 
should get the IG back on the path of meeting the audit and 
oversight needs of the Department. The Committee expects that 
the OIG will substantially increase its oversight of the FBI, 
INS, and the Department's grant programs.
    General Legal Activities--$566,822,000--For the conduct of 
the legal activities of the Department. This includes the 
office of Solicitor General, Tax Division, Criminal 
Division,\3\ Civil Division, Environment and Natural Resources 
Division, Civil Rights Division, Office of Legal Counsel, 
Interpol, Legal Activities Office Automation, and Office of 
Dispute Resolution.
---------------------------------------------------------------------------
    \3\ The Committee is concerned about the significant and growing 
problem of criminal piracy of copyrighted works and would like to see a 
greater emphasis placed on these problems. Because of this concern, the 
Committee urged the Committee on Appropriations to dedicate an 
additional $10,000,000 to augment the investigation and prosecution of 
intellectual property crimes. Letter from the Honorable F. James 
Sensenbrenner, Jr. (Chairman), the Honorable Howard Coble (Chairman, 
Subcommittee on Courts, the Internet, and Intellectual Property), the 
Honorable John Conyers, Jr. (Ranking Minority Member), the Honorable 
Howard Berman (Ranking Minority Member, Subcommittee on Courts, the 
Internet, and Intellectual Property), to the Honorable C.W. (Bill) 
Young (Chairman, House Appropriations Committee), the Honorable Frank 
R. Wolf (Chairman, Appropriations Subcommittee on Commerce, Justice, 
and State Departments), the Honorable David R. Obey (Ranking Minority 
Member, House Appropriations Committee), the Honorable Jose Serrano, 
(Ranking Minority Member, Appropriations Subcommittee on Commerce, 
Justice, and State Departments), May 24, 2001.
---------------------------------------------------------------------------
    Antitrust Division--$140,973,000--For decreasing anti-
competitive behavior among U.S. businesses and increasing the 
competitiveness of the national and international business 
environment.
    United States Attorneys--$1,346,289,000--For the 93 U.S. 
Attorneys and their offices and the Executive Office of U.S. 
Attorneys. The U.S. Attorneys represent the United States in 
the vast majority of criminal and civil cases handled by the 
Justice Department.
    Federal Bureau of Investigation--$3,507,109,000--For the 
detection, investigation, and prosecution of crimes against the 
United States. The FBI also plays a primary role in the 
protection of the United States from foreign intelligence 
activities and investigating and preventing acts of terrorism 
against the United States.
    United States Marshals Service--$626,439,000--To protect 
the Federal courts and its personnel and to ensure the 
effective operation of the Federal judicial system, of which no 
more than $6,621,000 may be used for construction.
    Federal Prison System--$4,662,710,000--For the 
administration, operation, and maintenance of Federal penal and 
correctional institutions.
    Federal Prison Detention--$724,682,000--For the support of 
United States prisoners in non-federal institutions, as 
authorized by 18 U.S.C. Sec. 4013(a).
    Drug Enforcement Agency--$1,480,929,000--To enforce the 
controlled substance laws and regulations of the United States 
and to recommend and support non-enforcement programs aimed at 
reducing the availability of illicit controlled substances on 
the domestic and international markets.
    Immigration and Naturalization Service--$3,516,411,000--For 
the administration and enforcement of the laws relating to 
immigration, naturalization, and alien registration, of which 
no more than $2,737,341,000 for salaries and expenses and 
border affairs, no more than $650,660,000 for salaries and 
expenses of citizenship and benefits, and no more than 
$128,410,000 for construction.
    Fees and Expenses of Witnesses--$156,145,000--For fees and 
expenses associated with providing witness testimony on behalf 
of the United States, expert witnesses, and private counsel for 
government employees who have been sued, charged, or subpoenaed 
for actions taken while performing their official duties.
    Interagency Crime and Drug Enforcement--$338,106,000--For 
the detection, investigation, and prosecution of individuals 
involved in organized crime drug trafficking.
    Foreign Claims Settlement Commission--$1,130,000--To 
adjudicate claims of U.S. nationals against foreign governments 
under jurisdiction conferred by the International Claims 
Settlement Act of 1949, as amended, and other authorizing 
legislation;
    Community Relations Service (CRS)--$9,269,000--To assist 
communities in preventing violence and resolving conflicts 
arising from racial and ethnic tensions and to develop the 
capacity of such communities to address these conflicts without 
external assistance. CRS activities are conducted in accordance 
with title X of the Civil Rights Act of 1964.
    Assets Forfeiture Fund--$22,949,000--To provide a stable 
source of resources to cover the costs of the asset seizure and 
forfeiture program, including the costs of seizing, evaluating, 
inventorying, maintaining, protecting, advertizing, forfeiting, 
and disposing of property.
    United States Parole Commission--$10,862,000--For the 
activities of the U.S. Parole Commission. The Commission has 
jurisdiction over all Federal prisoners eligible for parole, 
wherever confined, and continuing jurisdiction over those who 
are released on parole or as if on parole.
    Federal Detention Trustee--$1,718,000--For necessary 
expenses to exercise 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 
Marshall Service; and the detention of aliens in the custody of 
the Immigration and Naturalization Service.
    Joint Automated Booking System--$15,957,000--For expenses 
necessary for the nationwide deployment of a Joint Automated 
Booking System including automated capability to transmit 
fingerprint and image data.
    Narrowband Communications--$104,606,000--For the costs of 
conversion to narrowband communications, including the cost for 
operation and maintenance of Land Mobile Radio legacy systems.
    Radiation Exposure Compensation--$1,996,000--For necessary 
administrative expenses in accordance with the Radiation 
Exposure Compensation Act.
    Counterterrorism Fund--$4,989,000--For the reimbursement 
of: (1) the costs incurred in reestablishing the operational 
capability of an office or facility which has been damaged or 
destroyed as a result of any domestic or international 
terrorist incident and (2) the costs of providing support to 
counter, investigate or prosecute domestic or international 
terrorism, including payment of rewards in connection with 
these activities.
    Office of Justice Programs--$116,369,000--For necessary 
administrative expenses of the Office of Justice Programs.
Section 102. Appointment of Additional Assistant United States 
        Attorneys and Reduction of Certain Litigation Positions
    This section authorizes the Attorney General to transfer 
200 additional Assistant U.S. Attorneys from among the six 
litigating divisions at the Justice Department's headquarters 
(Main Justice) in Washington, D.C. to the various U.S. 
Attorneys offices around the country. Vacant positions 
resulting from transfers pursuant to this section will be 
terminated. This section is intended to raise the productivity 
of Washington-based lawyers, who litigate criminal and civil 
cases across the nation for the Justice Department, by moving 
them to the field. Litigating attorneys for the government are 
most effective in the Federal judicial district where their 
cases are pending. Section 102 was amended at markup, after 
consultation with the Ranking Minority Member, to make the 
transfer authorization discretionary with respect to specific 
litigating divisions to prevent ongoing litigation from being 
adversely effected.

                TITLE II--PERMANENT ENABLING PROVISIONS

Section 201. Permanent Authority
    Section 201 amends chapter 31 of title 28, United States 
Code, by creating a new section, ``530C''. This section details 
permitted uses of available funds by the Attorney General to 
carry out the activities of the Justice Department. General 
permitted uses of available funds include:

        
 payment for motor vehicles, boats, and 
        aircraft;

        
 payment for service of experts and 
        consultants, and payment for private counsel;

        
 payment for official reception and 
        representation expenses and public tours;

        
 payment of unforeseen emergencies of a 
        confidential character;

        
 payment of miscellaneous and emergency 
        expenses;

        
 payment of certain travel and attendance 
        expenses;

        
 payment of contracts for personal services 
        abroad;

        
 payment of interpreters and translators; and

        
 payment for uniforms.

    Specific permitted uses of available funds include:

        
 payment for aircraft and boats;

        
 payment for ammunition, firearms, and firearm 
        competitions; and

        
 payment for construction of certain 
        facilities.

    The use of funds appropriated for Fees and Expenses of 
Witnesses is limited to certain expenses and the construction 
of witness safesites. The use of funds appropriated for the 
Federal Bureau of Investigation is limited to the detection, 
investigation, and prosecution of crimes against the United 
States. The use of funds appropriated for the Immigration and 
Naturalization Service is limited to general Immigration and 
Naturalization Service activities. The use of appropriated 
funds for the Federal Prison System is limited to general 
function of the Federal Prison System. The use of appropriated 
funds for the Detention Trustee is limited to the functions 
authorized by law relating the detention of Federal prisoners 
in non-Federal institutions or otherwise in the custody of the 
United States Marshals Service and for the detention of aliens 
in the custody of the INS.
    The Attorney General is prohibited from compensating 
employed attorneys who are not duly licensed and authorized to 
practice under the law of a State, U.S. territory, or the 
District of Columbia. And reimbursement payments to 
governmental units of the Department of Justice, other Federal 
entities, or State or local governments are limited to uses 
permitted by the authority permitting such reimbursement 
payment.
Section 202. Permanent Authority Relating to the Enforcement of Laws
    Section 202 amends chapter 31 of title 28, United States 
Code, by creating a new section, ``530D'' relating to reporting 
on the enforcement of laws. This section directs the Attorney 
General to report to Congress in any case in which the Attorney 
General, the President, head of executive agency, or military 
department:

        1) establishes a policy to refrain from enforcing any 
        provision of a Federal statute, rule regulation, 
        program, policy, or other law within the responsibility 
        of the Attorney General;

        2) refrains from adhering to, enforcing, applying, or 
        complying with any other judicial determination or 
        other statute, rule, regulation, program, or policy 
        within the responsibility of the Attorney General;

        3) decides to contest in any judicial, administrative, 
        or other proceeding, the constitutionality of any 
        provision of any Federal statute, rule, regulation, 
        program, policy, or other law;

        4) refrains 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

        5) when the Attorney General approves the settlement 
        or compromise of any claim, suit or other action 
        against the United States for more than $2,000,000 or 
        for injunctive relief against the government that is 
        likely to exceed 3 years.

    Each report, which is subject to certain time and content 
requirements, must be submitted to the Majority and Minority 
Leaders of the Senate, the Speaker of the House, House Majority 
Leader, House Minority Leader, and the Chairman and ranking 
minority member of the Senate and House Committees on the 
Judiciary, the Senate Legal Counsel and the General Counsel of 
the House of Representatives. Section 202 also includes a 
number of conforming amendments.
Section 203. Notifications and Reports to be Provided Simultaneously to 
        Committees
    Section 203 requires the Attorney General or other officer 
of the Department of Justice to simultaneously submit copies of 
any notice or report, which is required by law to be submitted 
to other Committees or Subcommittees of Congress, to the House 
and Senate Judiciary Committees.
Section 204. Miscellaneous Uses of Funds; Technical Amendments
    Section 204 provides technical amendments to the Bureau of 
Justice Assistance grant programs in title I of the Omnibus 
Crime Control and Safe Streets Act of 1968. It also makes minor 
amendments to the amount available to compensate attorneys 
specially retained by the Attorney General.
Section 205. Technical Amendment; Authority to Transfer Property of 
        Marginal Value.
    Section 205 makes technical amendments to section 524(c) of 
title 28, United States Codes, and clarifies the Attorney 
General's authority to transfer property of marginal value. It 
also requires the use of standard criteria for the purpose of 
categorizing offenders, victims, actors, and those acted upon 
in 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. This section also makes several clerical and technical 
amendments to title 28, United States Code.
Section 206. Oversight; Waste, Fraud, and Abuse of Appropriations
    Section 206 amends section 529 of title 28, United States 
Code, to require the Attorney General to submit an annual 
report to the House and Senate Committees on the Judiciary 
detailing:

        
 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; and

        
 a performance review of every grant, 
        cooperative agreement, or programmatic services 
        contract made, entered into, awarded, or extended by or 
        on behalf of the Office of Justice Programs that was 
        terminated or that otherwise ended in the immediately 
        preceding fiscal year.

    In addition, section 206 provides a number of conforming 
amendments and establishes a new reporting requirement on the 
enforcement and prosecution of copyright infringements.
Section 207. Enforcement of the Federal Criminal Laws by Attorney 
        General
    Section 207 provides clarifying amendments to title 28, 
United States Code, relating to the enforcement of Federal 
criminal law.
Section 208. Counterterrorism Fund
    Section 208 establishes a counterterrorism fund in the 
Treasury of the United States, without effecting prior 
appropriations, to reimburse Justice Department components for 
any costs incurred in connection with:

        1) reestablishing the operational capability of an 
        office or facility that has been damaged as the result 
        of any domestic or international terrorism incident;

        2) providing support to counter, investigate, or 
        prosecute domestic or international terrorism, 
        including paying rewards in connection with these 
        activities;

        3) conducting terrorism threat assessments of Federal 
        agencies; and

        4) for costs incurred in connection with detaining 
        individuals in foreign countries who are accused of 
        acts of terrorism in violation of United States law.

                        TITLE III--MISCELLANEOUS

Section 301. Repealers.
    Section 301 repeals open-ended authorizations of 
appropriations for the National Institute of Corrections and 
the United States Marshals Service. It repeals the Violent 
Crime Reduction Trust Fund which is no longer in use. It also 
repeals an unnecessary and burdensome reporting requirement 
contained in the Antiterrorism and Effective Death Penalty Act 
of 1994. In addition, section 301 makes other technical and 
conforming changes.
Section 302. Technical Amendments to Title 18 of the United States Code
    Section 302 makes several minor clarifying amendments to 
title 18, United States Code. Section 302(3) moves a comma that 
became the focus of a statutory construction question in 
Crandon v. United States.\4\
---------------------------------------------------------------------------
    \4\ 494 U.S. 152 (1990) (J. Scalia concurring).
---------------------------------------------------------------------------
    Section 303. Required Submission of Proposed Authorization 
of Appropriations for the Department of Justice for Fiscal Year 
2003.
    Section 303 requires the Attorney General to submit a 
Department of Justice authorization bill for FY 2003 to the 
House and Senate Committees on the Judiciary when the President 
submits his FY 2003 budget. This authorization bill should 
contain any recommended additions, changes or modifications to 
existing authorities that may be necessary to carry out the 
functions of the Department. Any such addition, change, or 
modification should be accompanied by a description of the 
change and the justification for the change.
Section 304. Review of the Department of Justice.
    Section 304 requires the Inspector General (IG) of the 
Department of Justice to appoint a Deputy Inspector General for 
the Federal Bureau of Investigation whose sole job is to focus 
on the FBI's programs and operations. This section directs the 
IG to submit to Congress a report within 30 days of enactment 
of the bill so that Congress and the American people know what 
the plan will be for overseeing the FBI. The IG will consider 
several factors for his oversight plan, including:

        
 auditing the financial systems, information 
        technology systems, and computer security systems of 
        the FBI;

        
 auditing and evaluating programs and 
        processes of the FBI to identify systemic weaknesses or 
        implementation failures and to recommend corrective 
        action;

        
 reviewing the activities of internal affairs 
        offices at the FBI; and

        
 investigating allegations of misconduct by 
        FBI personnel.

    Finally, the amendment directs the Attorney General to 
review Attorney General Reno's order 1931-94 signed November 8, 
1994, which limited the ability of the IG to review FBI and DEA 
matters. Together with the funding increase for the IG 
contained in section 101, this signifies a major step forward 
in our effort to improve the operations of the FBI.
Section 305. Study of Untested Rape Examination Kits.
    Section 305 requires the Attorney General to conduct a 
study and assessment of untested rape examination kits that 
currently exist nationwide, including information from all law 
enforcement jurisdictions. The Attorney General is required to 
submit a report of this study and assessment to the Congress.
Section 306. Report on DCS 1000 (``Carnivore'')
    Section 306 requires the Attorney General and Director of 
the Federal Bureau of Investigation to submit a timely report 
to the House and Senate Committees on the Judiciary detailing:

         1) the number of times DCS 1000 was used for 
        surveillance during the preceding year;

         2) the persons who approved the use of DCS 1000;

         3) the criteria applied to requests for the use of 
        DCS 1000;

         4) a description of the request process for the use 
        of DCS 1000;

         5) the statutory authority supporting DCS 1000;

         6) any judicial authorizations of DCS 1000;

         7) the number of orders, warrants, or subpoenas 
        applied for to authorize the use of DCS 1000;

         8) the fact that an order, warrant, or subpoena was 
        granted as applied for, modified, or denied;

         9) the offense specified in the order, warrant, 
        subpoena, or application; and

        10) the nature of the facilities or the place where 
        the contents of electronic communications disclosed by 
        DCS 1000.

    Section 306 is intended to cover DCS 1000 and any other 
similar system or device.

                    TITLE IV--VIOLENCE AGAINST WOMEN

Section 401. Short Title.
    Section 401 establishes the ``Violence Against Women Office 
Act'' as the short title.
Section 402. Establishment of Violence Against Women Office.
    Section 402 establishes a Violence Against Women Office 
(VAWO) within the Department of Justice, headed by a 
presidentially appointed and Senate confirmed Director. The 
Director is vested with authority for all grants, cooperative 
agreements, and contracts awarded by the VAWO. In addition, the 
Director is prohibited from other employment during service as 
Director or affiliation with organizations the may create a 
conflict of interest.
Section 403. Duties and Function of Director of Violence Against Women 
        Office.
    Section 403 enumerates the following duties of the 
Director:

        1) serving as special counsel to the Attorney General 
        on violence against women;

        2) maintaining a liaison with the judicial branches of 
        Federal and State Governments;

        3) providing information to the President, the 
        Congress, the judiciary, State and local government, 
        and to the general public;

        4) serving as a representative of the Justice 
        Department on domestic task forces, committees, or 
        commissions;

        5) serving as a representative of the United States 
        Government on human rights and economic justice matters 
        at international forums;

        6) carrying out the functions of the Justice 
        Department under the Violence Against Women Act of 1994 
        and other matters relating to violence against women, 
        including developing policy, the development and 
        management of grant and other programs, and the award 
        and termination of grants;

        7) providing technical assistance, coordination, 
        support to other elements of the Justice Department, 
        other Federal, State, and Tribal agencies, and to 
        grantees;

        8) exercising other powers delegated by the Attorney 
        General or Associate Attorney General;

        9) and establishing rules, regulations, guidelines and 
        necessary procedures to carry out the functions of 
        VAWO.
Section 404. Staff of Violence Against Women Office.
    Section 404 requires the Attorney General to ensure that 
VAWO receives adequate staff to support the Director in 
carrying out the responsibilities of this act.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                      TITLE 28, UNITED STATES CODE



           *       *       *       *       *       *       *
                    PART II - DEPARTMENT OF JUSTICE

           *       *       *       *       *       *       *


                   CHAPTER 31 - THE ATTORNEY GENERAL

Sec.
501.  Executive department.
     * * * * * * *
530C. Authority to use available funds.
530D. Report on enforcement of laws.

           *       *       *       *       *       *       *


Sec. 509. Functions of the Attorney General

    All functions of other officers of the Department of 
Justice and all functions of agencies and employees of the 
Department of Justice are vested in the Attorney General except 
the functions--
            (1) * * *

           *       *       *       *       *       *       *

            (3) of the Board of Directors and officers of the 
        Federal Prison Industries, Inc.[.]

           *       *       *       *       *       *       *


Sec. 515. Authority for legal proceedings; commission, oath, and salary 
                    for special attorneys

    (a) * * *
    (b) Each attorney specially retained under authority of the 
Department of Justice shall be commissioned as special 
assistant to the Attorney General or special attorney, and 
shall take the oath required by law. Foreign counsel employed 
in special cases are not required to take the oath. The 
Attorney General shall fix the annual salary of a special 
assistant or special attorney [at not more than $12,000].

           *       *       *       *       *       *       *


Sec. 522. Report of business and statistics

    (a) The Attorney General, by April 1 of each year, shall 
report to Congress on the business of the Department of Justice 
for the last preceding fiscal year, and on any other matters 
pertaining to the Department that he considers proper, 
including--
            (1) a statement of the several appropriations which 
        are placed under the control of the Department and the 
        amount appropriated;
            (2) the statistics of crime under the laws of the 
        United States; and
            (3) a statement of the number of causes involving 
        the United States, civil and criminal, pending during 
        the preceding year in each of the several courts of the 
        United States.
    (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).

           *       *       *       *       *       *       *


Sec. 524. Availability of appropriations

    (a) Appropriations for the Department of Justice are 
available to the Attorney General for payment of--
            (1) * * *

           *       *       *       *       *       *       *

    (c)(1) There is established in the United States Treasury a 
special fund to be known as the Department of Justice Assets 
Forfeiture Fund (hereafter in this subsection referred to as 
the ``Fund'') which shall be available to the Attorney General 
without fiscal year limitation for the following law 
enforcement purposes--
            (A) * * *

           *       *       *       *       *       *       *

            (I) payment of overtime salaries, travel, fuel, 
        training, equipment, and other similar costs of State 
        or local law enforcement officers that are incurred in 
        a joint law enforcement operation with a Federal law 
        enforcement agency participating in the Fund[;].
            [(I) after all reimbursements and program-related 
        expenses have been met at the end of fiscal year 1989, 
        the Attorney General may transfer deposits from the 
        Fund to the building and facilities account of the 
        Federal prison system for the construction of 
        correctional institutions.]
Amounts for paying the expenses authorized by subparagraphs 
[(A)(iv), (B), (F), (G), and (H)] (A)(ii), (B), (F), and (G), 
shall be specified in appropriations Acts and may be used under 
authorities available to the organization receiving the funds. 
Amounts for other authorized expenditures and payments from the 
Fund, including equitable sharing payments, are not required to 
be specified in appropriations acts. The Attorney General may 
exempt the procurement of contract services under subparagraph 
(A) under the [fund] Fund from section 3709 of the Revised 
Statutes of the United States (41 U.S.C. 5), title III of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 251 and following), and other provisions of law as may 
be necessary to maintain the security and confidentiality of 
related criminal investigations.
            (2) Any award paid from the Fund [for information], 
        as provided in paragraph (1)(B) or (C), shall be paid 
        at the discretion of the Attorney General or his 
        delegate, under existing departmental delegation 
        policies for the payment of awards, except that the 
        authority to pay an award of $250,000 or more shall not 
        be delegated to any person other than the Deputy 
        Attorney General, the Associate Attorney General, the 
        Director of the Federal Bureau of Investigation, or the 
        Administrator of the Drug Enforcement Administration. 
        Any award [for information] pursuant to paragraph 
        (1)(B) shall not exceed [$250,000] $500,000. Any award 
        [for information] pursuant to paragraph (1)(C) shall 
        not exceed the lesser of [$250,000] $500,000 or one-
        fourth of the amount realized by the United States from 
        the property forfeited.
            (3) Any amount under subparagraph [(F)] (G) of 
        paragraph (1) shall be paid at the discretion of the 
        Attorney General or his delegate, except that the 
        authority to pay $100,000 or more may be delegated only 
        to the respective head of the agency involved.

           *       *       *       *       *       *       *

            (5) Amounts in the Fund, and in any holding 
        accounts associated with the [Fund which] Fund, that 
        are not currently needed for the purpose of this 
        section shall be kept on deposit or invested in 
        obligations of, or guaranteed by, the United States and 
        all earnings on such investments shall be deposited in 
        the Fund.

           *       *       *       *       *       *       *

            (8)(A) There are authorized to be appropriated such 
        sums as necessary for the purposes described in 
        subparagraphs [(A)(iv), (B), (F), (G), and (H)] 
        (A)(ii), (B), (F), and (G), of paragraph (1).

           *       *       *       *       *       *       *

            (9)(A) * * *
            (B) For fiscal [year 1997] years 2002 and 2003, the 
        Attorney General is authorized to transfer, under such 
        terms and conditions as the Attorney General shall 
        specify, real or personal property of limited or 
        marginal value, to a State or local government agency, 
        or its designated contractor or transferee, for use to 
        support drug abuse treatment, drug and crime prevention 
        and education, housing, job skills, and other 
        community-based public health and safety programs. 
        [Such transfer shall not] 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 create or confer any private 
        right of action in any person against the United 
        States.

           *       *       *       *       *       *       *


Sec. 529. Annual report of Attorney General

    (a) Beginning on June 1, 1979, and at the beginning of each 
regular session of Congress thereafter, the Attorney General 
shall report to Congress on the activities and operations of 
the Public Integrity Section or any other unit of the 
Department of Justice designated to supervise the investigation 
and prosecution of--
            (1) * * *

           *       *       *       *       *       *       *

    (b) The Attorney General shall, not later than February 2, 
2003, and of every year thereafter, provide to the Committees 
on the Judiciary and Appropriations of each House of the 
Congress--
            (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 (including, without limitation, 
        any subgrantees or subcontractors), the names of each 
        unsuccessful applicant or bidder (and a complete and 
        detailed description of the application or bid and the 
        specific purpose or purposes proposed), and the name of 
        the contracting officer; and
            (2) a performance review of every grant, 
        cooperative agreement, or programmatic services 
        contract made, entered into, awarded, or extended 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 
        terminated or that otherwise ended in the 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 sworn, written declaration by each 
        grantee, contractor, subcontractor, and subgrantee 
        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 
                termination or end.

           *       *       *       *       *       *       *


Sec. 530C. Authority to use available funds

    (a) In General.--Except to the extent provided otherwise by 
law, the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, 
or other component thereof) may, in the reasonable discretion 
of the Attorney General, be carried out through any means, 
including--
            (1) through the Department's own personnel, acting 
        within, from, or through the Department itself;
            (2) by sending or receiving details of personnel to 
        other branches or agencies of the Federal Government, 
        on a reimbursable, partially-reimbursable, or 
        nonreimbursable basis;
            (3) through reimbursable agreements with other 
        Federal agencies for work, materials, or equipment;
            (4) through contracts, grants, or cooperative 
        agreements with non-Federal parties; and
            (5) as provided in subsection (b), in section 524, 
        and in any other provision of law consistent herewith, 
        including, without limitation, section 102(b) of Public 
        Law 102-395 (106 Stat. 1838), as incorporated by 
        section 815(d) of Public Law 104-132 (110 Stat. 1315).
    (b) Permitted Uses.--
            (1) General permitted uses.--Funds available to the 
        Attorney General (i.e., all funds available to carry 
        out the activities described in subsection (a)) may be 
        used, without limitation, for the following:
                    (A) The purchase, lease, maintenance, and 
                operation of passenger motor vehicles, or 
                police-type motor vehicles for law enforcement 
                purposes, without regard to general purchase 
                price limitation for the then-current fiscal 
                year.
                    (B) The purchase of insurance for motor 
                vehicles, boats, and aircraft operated in 
                official Government business in foreign 
                countries.
                    (C) Services of experts and consultants, 
                including private counsel, as authorized by 
                section 3109 of title 5, and at rates of pay 
                for individuals not to exceed the maximum daily 
                rate payable from time to time under section 
                5332 of title 5.
                    (D) Official reception and representation 
                expenses (i.e., official expenses of a social 
                nature intended in whole or in predominant part 
                to promote goodwill toward the Department or 
                its missions, but excluding expenses of public 
                tours of facilities of the Department of 
                Justice), in accordance with distributions and 
                procedures established, and rules issued, by 
                the Attorney General, and expenses of public 
                tours of facilities of the Department of 
                Justice.
                    (E) Unforeseen emergencies of a 
                confidential character, to be expended under 
                the direction of the Attorney General and 
                accounted for solely on the certificate of the 
                Attorney General.
                    (F) Miscellaneous and emergency expenses 
                authorized or approved by the Attorney General, 
                the Deputy Attorney General, the Associate 
                Attorney General, or the Assistant Attorney 
                General for Administration.
                    (G) In accordance with procedures 
                established and rules issued by the Attorney 
                General--
                            (i) attendance at meetings and 
                        seminars;
                            (ii) conferences and training; and
                            (iii) advances of public moneys 
                        under section 3324 of title 31: 
                        Provided, That travel advances of such 
                        moneys to law enforcement personnel 
                        engaged in undercover activity shall be 
                        considered to be public money for 
                        purposes of section 3527 of title 31.
                    (H) Contracting with individuals for 
                personal services abroad, except that such 
                individuals shall not be regarded as employees 
                of the United States for the purpose of any law 
                administered by the Office of Personnel 
                Management.
                    (I) Payment of interpreters and translators 
                who are not citizens of the United States, in 
                accordance with procedures established and 
                rules issued by the Attorney General.
                    (J) Expenses or allowances for uniforms as 
                authorized by section 5901 of title 5, but 
                without regard to the general purchase price 
                limitation for the then-current fiscal year.
                    (K) Expenses of--
                            (i) primary and secondary schooling 
                        for dependents of personnel stationed 
                        outside the continental United States 
                        at cost not in excess of those 
                        authorized by the Department of Defense 
                        for the same area, when it is 
                        determined by the Attorney General that 
                        schools available in the locality are 
                        unable to provide adequately for the 
                        education of such dependents; and
                            (ii) transportation of those 
                        dependents between their place of 
                        residence and schools serving the area 
                        which those dependents would normally 
                        attend when the Attorney General, under 
                        such regulations as he may prescribe, 
                        determines that such schools are not 
                        accessible by public means of 
                        transportation.
            (2) Specific permitted uses.--
                    (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, 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.
            (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.

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 or of 
                        any statute, rule, regulation, program, 
                        policy, or other law whose enforcement, 
                        application, or administration is 
                        within the responsibility of the 
                        Attorney General or such officer;
                    (B) determines--
                            (i) to contest affirmatively, in 
                        any judicial, administrative, or other 
                        proceeding, the constitutionality of 
                        any provision of any Federal statute, 
                        rule, regulation, program, policy, or 
                        other law; or
                            (ii) to refrain from defending or 
                        asserting, in any judicial, 
                        administrative, or other proceeding, 
                        the constitutionality of any provision 
                        of any Federal statute, rule, 
                        regulation, program, policy, or other 
                        law, or not to appeal or request review 
                        of any judicial, administrative, or 
                        other determination adversely affecting 
                        the constitutionality of any such 
                        provision; or
                    (C) approves (other than in circumstances 
                in which a report is submitted to the Joint 
                Committee on Taxation, pursuant to section 6405 
                of the Internal Revenue Code of 1986) the 
                settlement or compromise (other than in 
                bankruptcy) of any claim, suit, or other 
                action--
                            (i) against the United States 
                        (including any agency or 
                        instrumentality thereof) for a sum that 
                        exceeds, or is likely to exceed, 
                        $2,000,000; or
                            (ii) by the United States 
                        (including any agency or 
                        instrumentality thereof) pursuant to an 
                        agreement, consent decree, or order 
                        that provides injunctive or other 
                        nonmonetary relief that exceeds, or is 
                        likely to exceed, 3 years in duration.
            (2) Submission of report to the congress.--For the 
        purposes of paragraph (1), a report shall be considered 
        to be submitted to the Congress if the report is 
        submitted to--
                    (A) the majority leader and minority leader 
                of the Senate;
                    (B) the Speaker, majority leader, and 
                minority leader of the House of 
                Representatives;
                    (C) the chairman and ranking minority 
                member of the Committee on the Judiciary of the 
                House of Representatives and the chairman and 
                ranking minority member of the Committee on the 
                Judiciary of the Senate; and
                    (D) the Senate Legal Counsel and the 
                General Counsel of the House of 
                Representatives.
    (b) Deadline.--A report shall be submitted--
            (1) under subsection (a)(1)(A), not later than 30 
        days after the establishment or implementation of each 
        policy;
            (2) under subsection (a)(1)(B), within such time as 
        will reasonably enable the House of Representatives and 
        the Senate to take action, separately or jointly, to 
        intervene in timely fashion in the proceeding, but in 
        no event later than 30 days after the making of each 
        determination; and
            (3) under subsection (a)(1)(C), not later than 30 
        days after the conclusion of each fiscal-year quarter, 
        with respect to all approvals occurring in such 
        quarter.
    (c) Contents.--A report required by subsection (a) shall--
            (1) specify the date of the establishment or 
        implementation of the policy described in subsection 
        (a)(1)(A), of the making of the determination described 
        in subsection (a)(1)(B), or of each approval described 
        in subsection (a)(1)(C);
            (2) include a complete and detailed statement of 
        the relevant issues and background (including a 
        complete and detailed statement of the reasons for the 
        policy or determination, and the identity of the 
        officer responsible for establishing or implementing 
        such policy, making such determination, or approving 
        such settlement or compromise), except that--
                    (A) such details may be omitted as may be 
                absolutely necessary to prevent improper 
                disclosure of national-security- or classified 
                information, or of any information subject to 
                the deliberative-process-, executive-, 
                attorney-work-product-, or attorney-client 
                privileges, if the fact of each such omission 
                (and the precise ground or grounds therefor) is 
                clearly noted in the statement: provided, That 
                this subparagraph shall not be construed to 
                deny to the Congress (including any House, 
                Committee, or agency thereof) any such omitted 
                details (or related information) that it 
                lawfully may seek, subsequent to the submission 
                of the report; and
                    (B) the requirements of this paragraph 
                shall be deemed satisfied--
                            (i) in the case of an approval 
                        described in subsection (a)(1)(C)(i), 
                        if an unredacted copy of the entire 
                        settlement agreement and consent decree 
                        or order (if any) is provided, along 
                        with a statement indicating the legal 
                        and factual basis or bases for the 
                        settlement or compromise (if not 
                        apparent on the face of documents 
                        provided); and
                            (ii) in the case of an approval 
                        described in subsection (a)(1)(C)(ii), 
                        if an unredacted copy of the entire 
                        settlement agreement and consent decree 
                        or order (if any) is provided, along 
                        with a statement indicating the 
                        injunctive or other nonmonetary relief 
                        (if not apparent on the face of 
                        documents provided); and
            (3) in the case of a determination described in 
        subsection (a)(1)(B) or an approval described in 
        subsection (a)(1)(C), indicate the nature, tribunal, 
        identifying information, and status of the proceeding, 
        suit, or action.
    (d) Declaration.--In the case of a determination described 
in subsection (a)(1)(B), the representative of the United 
States participating in the proceeding shall make a clear 
declaration in the proceeding that any position expressed as to 
the constitutionality of the provision involved is 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.

           *       *       *       *       *       *       *


Sec. 533. Investigative and other officials; appointment

    The Attorney General may appoint officials--
            (1) to detect and prosecute crimes against the 
        United States;
            (2) to assist in the protection of the person of 
        the President or the person of the Attorney General; 
        and

Sec. 534. Acquisition, preservation, and exchange of identification 
                    records and information; appointment of officials

    (a) The Attorney General shall--
            (1) * * *

           *       *       *       *       *       *       *

            (3) acquire, collect, classify, and preserve any 
        information which would assist in the location of any 
        missing person (including an unemancipated person as 
        defined by the laws of the place of residence of such 
        person) and provide confirmation as to any entry for 
        such a person to the parent, legal guardian, or next of 
        kin of that person (and the Attorney General may 
        acquire, collect, classify, and preserve such 
        information from such parent, guardian, or next of 
        kin); and

           *       *       *       *       *       *       *


Sec. 535. Investigation of crimes involving Government officers and 
                    employees; limitations

    (a) The Attorney General and the Federal Bureau of 
Investigation may investigate any violation of [title 18] 
Federal criminal law involving Government officers and 
employees--
            (1) notwithstanding any other provision of law; and
            (2) without limiting the authority to investigate 
        any matter which is conferred on them or on a 
        department or agency of the Government.
    (b) Any information, allegation, [or complaint] matter, or 
complaint witnessed, discovered, or received in a department or 
agency of the executive branch of the Government relating to 
violations of [title 18] Federal criminal law involving 
Government officers and employees shall be expeditiously 
reported to the Attorney General by the head of the department 
or agency, or the witness, discoverer, or recipient, as 
appropriate, unless--
            (1) * * *

           *       *       *       *       *       *       *


Sec. 561. United States Marshals Service

    (a) * * *

           *       *       *       *       *       *       *

    [(i) There are authorized to be appropriated such sums as 
may be necessary to carry out the functions of the Service.]

           *       *       *       *       *       *       *

                              ----------                              


          SECTION 712 OF THE ETHICS IN GOVERNMENT ACT OF 1978

                          (Public Law 95-521)

              attorney general relieved of responsibility

    Sec. 712. (a) * * *
    [(b) The Attorney General shall notify the Counsel with 
respect to any proceeding which the United States is a party of 
any determination by the Attorney General or Solicitor General 
not to appeal any court decision affecting the 
constitutionality of an Act or joint resolution of Congress 
within such time as will enable the Senate to direct the 
Counsel to intervene as a party in such proceeding pursuant to 
section 706.]
                              ----------                              


           OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

                 TITLE I--JUSTICE SYSTEM IMPROVEMENT

           *       *       *       *       *       *       *


Part E--Bureau of Justice Assistance Grant Programs

           *       *       *       *       *       *       *


Subpart 1--Drug Control and System Improvement Grant Program

           *       *       *       *       *       *       *


                           grant limitations

    Sec. 504. (a) A grant made under this subpart may not--
            (1) for fiscal year 1991 appropriations be expended 
        for more than 75 per centum; and
            (2) for any subsequent fiscal year appropriations 
        be expended for more than 75 per centum;
of the cost of the identified uses for which such grant is 
received to carry out any purpose specified in section [502] 
501(b), except that in the case of funds distributed to an 
Indian tribe which performs law enforcement functions (as 
determined by the Secretary of the Interior) for any such 
program or project, the amount of such grant shall be equal to 
100 percent of such cost. The non-Federal portion of the 
expenditures for such uses shall be paid in cash.

           *       *       *       *       *       *       *


       allocation and distribution of funds under formula grants

    Sec. 506. (a) Subject to subsection (f), of the total 
amount appropriated for this part in any fiscal year, the 
amount remaining after setting aside the amount to be reserved 
to carry out section 511 of this title shall be set aside for 
section 502 and allocated to States as follows:
            (1) 0.4 percent shall be allocated to each of the 
        [participating] States; and

           *       *       *       *       *       *       *


                    Subpart 2--Discretionary Grants

            CHAPTER A--GRANTS TO PUBLIC AND PRIVATE ENTITIES

                                purposes

    Sec. 510. (a) The purpose of this chapter is to provide 
additional Federal financial assistance to public or private 
agencies and private nonprofit organizations for purposes of--
            (1) * * *

           *       *       *       *       *       *       *

            (3) undertaking projects which are national or 
        multijurisdictional in scope and which address the 
        purposes specified in section [502] 501(b); and

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *


                     allocation of funds for grants

    Sec. 511. Of the total amount appropriated for this part 
(other than chapter B of this subpart) in any fiscal year, 20 
percent or $50,000,000, whichever is less, shall be reserved 
and set aside for this section in a special discretionary fund 
for use by the Director in carrying out the purposes specified 
in section [503] 501(b). Grants under this section may be made 
for amounts up to 100 percent of the costs of the programs or 
projects contained in the approved application.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 18, UNITED STATES CODE



           *       *       *       *       *       *       *
                            PART I--CRIMES

           *       *       *       *       *       *       *


         CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

           *       *       *       *       *       *       *


Sec. 209. Salary of Government officials and employees payable only by 
                    United States

    (a) Whoever receives any salary, or any contribution to or 
supplementation of salary, as compensation for his services as 
an officer or employee of the executive branch of the United 
States Government, of any independent agency of the United 
States, or of the District of Columbia, from any source other 
than the Government of the United States, except as may be 
contributed out of the treasury of any State, county, or 
municipality; or
    Whoever, whether an individual, partnership, association, 
corporation, or other organization pays, [or] makes any 
contribution to, or in any way [supplements the salary of, any] 
supplements, the salary of any such officer or employee under 
circumstances which would make its receipt a violation of this 
subsection--
    Shall be subject to the penalties set forth in section 216 
of this title.

           *       *       *       *       *       *       *


                  CHAPTER 73--OBSTRUCTION OF JUSTICE

           *       *       *       *       *       *       *


Sec. 1516. Obstruction of Federal audit

    (a) Whoever, with intent to deceive or defraud the United 
States, endeavors to influence, obstruct, or impede a Federal 
auditor in the performance of official duties relating to a 
person, entity, or program receiving in excess of $100,000, 
directly or indirectly, from the United States in any 1 year 
period under a contract or subcontract, grant, or cooperative 
agreement, or relating to any property that is security for a 
mortgage note that is insured, guaranteed, acquired, or held by 
the Secretary of Housing and Urban Development pursuant to any 
Act administered by the Secretary, or relating to any property 
that is security for a loan that is made or guaranteed under 
title V of the Housing Act of 1949, shall be fined under this 
title, or imprisoned not more than 5 years, or both.

           *       *       *       *       *       *       *


               CHAPTER 93--PUBLIC OFFICERS AND EMPLOYEES

           *       *       *       *       *       *       *


Sec. 1913. Lobbying with appropriated moneys

    No part of the money appropriated by any enactment of 
Congress shall, in the absence of express authorization by 
Congress, be used directly or indirectly to pay for any 
personal service, advertisement, telegram, telephone, letter, 
printed or written matter, or other device, intended or 
designed to influence in any manner a Member of Congress, [to 
favor] a jurisdiction, or an official of any government, to 
favor, adopt, or oppose, by vote or otherwise, any legislation, 
law, ratification, policy, or appropriation [by Congress], 
whether before or after the introduction of any bill, measure, 
or resolution proposing such legislation, law, ratification, 
policy, or appropriation; but this shall not prevent officers 
or employees of the United States or of its departments or 
agencies from communicating to [Members of Congress on the 
request of any Member] any such Member or official, at his 
request, or to Congress or such official, through the proper 
official channels, requests for any legislation, law, 
ratification, policy, or appropriations which they deem 
necessary for the efficient conduct of the public business.
    Whoever[, being an officer or employee of the United States 
or of any department or agency thereof,] violates or attempts 
to violate this section, shall be fined under this title or 
imprisoned not more than one year, or both; and, being an 
officer or employee of the United States or of any department 
or agency thereof, after notice and hearing by the superior 
officer vested with the power of removing him, shall be removed 
from office or employment.

           *       *       *       *       *       *       *


                      CHAPTER 113--STOLEN PROPERTY

           *       *       *       *       *       *       *


Sec. 2320. Trafficking in counterfeit goods or services

    (a) * * *

           *       *       *       *       *       *       *

    (f)(1) Beginning with the first year after the date of 
enactment of this subsection, the Attorney General shall 
include in the report of the Attorney General to Congress on 
the business of the Department of Justice prepared pursuant to 
section 522 of title 28, an accounting, on a district by 
district basis, of the following with respect to all actions 
taken by the Department of Justice that involve trafficking in 
counterfeit labels for phonorecords, copies of computer 
programs or computer program documentation or packaging, copies 
of motion pictures or other audiovisual works (as defined in 
section 2318 of [title 18] this title), criminal infringement 
of copyrights (as defined in section 2319 of [title 18] this 
title), unauthorized fixation of and trafficking in sound 
recordings and music videos of live musical performances (as 
defined in section 2319A of [title 18] this title), or 
trafficking in goods or services bearing counterfeit marks (as 
defined in section 2320 of [title 18] this title):
            [(1)] (A) The number of open investigations.
            [(2)] (B) The number of cases referred by the 
        United States Customs Service.
            [(3)] (C) The number of cases referred by other 
        agencies or sources.
            [(4)] (D) The number and outcome, including 
        settlements, sentences, recoveries, and penalties, of 
        all prosecutions brought under sections 2318, 2319, 
        2319A, and 2320 of [title 18] this title.
    (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.

           *       *       *       *       *       *       *


                    PART III--PRISONS AND PRISONERS

           *       *       *       *       *       *       *


                    CHAPTER 301--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 4013. Support of United States prisoners in non-Federal 
                    institutions

    (a) The Attorney General, in support of United States 
prisoners in non-Federal institutions, is authorized to make 
payments from funds appropriated for [the support of United 
States prisoners] Federal prisoner detention for--
            (1) necessary clothing;
            (2) medical care and necessary guard hire; and
            (3) the housing, care, and security of persons held 
        in custody of a United States marshal pursuant to 
        Federal law under agreements with State or local units 
        of government or contracts with private [entities; and] 
        entities.
            [(4)] (b) 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 
        entering into contracts or cooperative agreements with 
        any State, territory, or political subdivision thereof, 
        for the necessary construction, physical renovation, 
        acquisition of equipment, supplies, or materials 
        required to establish acceptable conditions of 
        confinement and detention services in any State or 
        local jurisdiction which agrees to provide guaranteed 
        bed space for Federal detainees within that 
        correctional system, in accordance with regulations 
        which are issued by the Attorney General and are 
        comparable to the regulations issued under section 4006 
        of this title, except that--
                    [(A)] (1) amounts made available for 
                purposes of this paragraph shall not exceed the 
                average per-inmate cost of constructing similar 
                confinement facilities for the Federal prison 
                population,
                    [(B)] (2) the availability of such 
                federally assisted facility shall be assured 
                for housing Federal prisoners, and
                    [(C)] (3) the per diem rate charged for 
                housing such Federal prisoners shall not exceed 
                allowable costs or other conditions specified 
                in the contract or cooperative agreement.
    [(b)] (c)(1) The United States Marshals Service may 
designate districts that need additional support from private 
detention entities under subsection (a)(3) based on--
            (A) * * *

           *       *       *       *       *       *       *

    [(c)] (d) Health Care Fees For Federal Prisoners in Non-
Federal Institutions.--
            (1) * * *

           *       *       *       *       *       *       *


                    CHAPTER 303--BUREAU OF PRISONS

           *       *       *       *       *       *       *


Sec. 4041. Bureau of Prisons; director and employees

    The Bureau of Prisons shall be in charge of a director 
appointed by and serving directly under the Attorney General 
[at a salary of $10,000 a year]. The Attorney General may 
appoint such additional officers and employees as he deems 
necessary.

           *       *       *       *       *       *       *


            CHAPTER 319--NATIONAL INSTITUTE OF CORRECTIONS

           *       *       *       *       *       *       *


    [Sec. 4353. There is hereby authorized to be appropriated 
such funds as may be required to carry out the purposes of this 
chapter.]

           *       *       *       *       *       *       *

                              ----------                              


             DEPARTMENT OF JUSTICE APPROPRIATIONS ACT, 1999

                          (Public Law 105-277)



           *       *       *       *       *       *       *
                    TITLE I--DEPARTMENT OF JUSTICE

           *       *       *       *       *       *       *


               General Provisions--Department of Justice

           *       *       *       *       *       *       *


    Sec. 112. Notwithstanding any other provision of law, 
during [fiscal year 1999, the Assistant Attorney General for 
the Office of Justice Programs of the Department of Justice--] 
any fiscal year the Attorney General--
            (1) may make grants, or enter into cooperative 
        agreements and contracts, for the Office of Justice 
        Programs and the component organizations of that 
        Office; and
            (2) shall have final authority over all grants, 
        cooperative agreements, and contracts made, or entered 
        into, for the Office of Justice Programs and the 
        component organizations of that Office.

           *       *       *       *       *       *       *

                              ----------                              


         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

                          (Public Law 103-322)



           *       *       *       *       *       *       *
               TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT

           *       *       *       *       *       *       *


                 Subtitle F--Other State and Local Aid

           *       *       *       *       *       *       *


SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND 
                    ACTIVITIES AUTHORIZED BY THE BRADY HANDGUN VIOLENCE 
                    PREVENTION ACT AND THE NATIONAL CHILD PROTECTION 
                    ACT OF 1993.

    [(a) Appropriations.--Of the amounts authorized in Sections 
103(k) and 106(b)(2) of the Brady Handgun Violence Prevention 
Act (18 U.S.C. 922 note) and in section 4(b) of the National 
Child Protection Act of 1993 (42 U.S.C. 5119b(b)), a total of 
$100,000,000 for fiscal year 1995, $25,000,000 for fiscal year 
1996, and $25,000,000 for fiscal year 1997 may be appropriated 
from the Violent Crime Reduction Trust Fund established by this 
Act.]

           *       *       *       *       *       *       *


            TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND

           *       *       *       *       *       *       *


[SEC. 310001. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.

    [(a) Violent Crime Reduction Trust Fund.--There is 
established a separate account in the Treasury, known as the 
``Violent Crime Reduction Trust Fund'' (referred to in this 
section as the ``Fund'') into which shall be transferred, in 
accordance with subsection (b), savings realized from 
implementation of section 5 of the Federal Workforce 
Restructuring Act of 1994 (5 U.S.C. 3101 note; Public Law 103-
226).
    [(b) Transfers Into the Fund.--On the first day of the 
following fiscal years (or as soon thereafter as possible for 
fiscal year 1995), the following amounts shall be transferred 
from the general fund to the Fund--
            [(1) for fiscal year 1995, $2,423,000,000;
            [(2) for fiscal year 1996, $4,287,000,000;
            [(3) for fiscal year 1997, $5,000,000,000;
            [(4) for fiscal year 1998, $5,500,000,000;
            [(5) for fiscal year 1999, $6,500,000,000; and
            [(6) for fiscal year 2000, $6,500,000,000.
    [(c) Appropriations From the Fund.--(1) Amounts in the Fund 
may be appropriated exclusively for the purposes authorized in 
this Act and for those expenses authorized by any Act enacted 
before this Act that are expressly qualified for expenditure 
from the Fund.
    [(2) Amounts appropriated under paragraph (1) and outlays 
flowing from such appropriations shall not be taken into 
account for purposes of any budget enforcement procedures under 
the Balanced Budget and Emergency Deficit Control Act of 1985 
except section 251A of that Act as added by subsection (g), or 
for purposes of section 605(b) of the Congressional Budget Act 
of 1974. Amounts of new budget authority and outlays under 
paragraph (1) that are included in concurrent resolutions on 
the budget shall not be taken into account for purposes of 
sections 601(b), 606(b), and 606(c) of the Congressional Budget 
Act of 1974, or for purposes of section 24 of House Concurrent 
Resolution 218 (One Hundred Third Congress).
    [(d) Listing of the Fund Among Government Trust Funds.--
Section 1321(a) of title 31, United States Code, is amended by 
inserting at the end the following new paragraph:
            [``(91) Violent Crime Reduction Trust Fund.''.
    [(e) Requirement for the President To Report Annually on 
the Status of the Trust Fund.--Section 1105(a) of title 31, 
United States Code, is amended by adding at the end the 
following new paragraphs:
            [``(30) information about the Violent Crime 
        Reduction Trust Fund, including a separate statement of 
        amounts in that Trust Fund.
            [``(31) an analysis displaying, by agency, proposed 
        reductions in full-time equivalent positions compared 
        to the current year's level in order to comply with 
        section 5 of the Federal Workforce Restructuring Act of 
        1994.''.
    [(f) Allocation and Suballocation of Amounts in the Fund.--
            [(1) In general.--Section 602(a) of the 
        Congressional Budget Act of 1974 is amended--
                    [(A) in paragraph (1)(A) by striking 
                ``and'' at the end of clause (ii), by striking 
                the semicolon and inserting a comma at the end 
                of clause (iii), and by adding after clause 
                (iii) the following:
                            [``(iv) new budget authority from 
                        the Violent Crime Reduction Trust Fund, 
                        and
                            [``(v) outlays from the Violent 
                        Crime Reduction Trust Fund;'';
                    [(B) in paragraph (2) by striking ``and'' 
                at the end of subparagraph (B) and by adding 
                after subparagraph (C) the following:
                    [``(D) new budget authority from the 
                Violent Crime Reduction Trust Fund; and
                    [``(E) outlays from the Violent Crime 
                Reduction Trust Fund;''; and
                    [(C) by adding at the end the following new 
                paragraph:
            [``(4) No double counting.--Amounts allocated among 
        committees under clause (iv) or (v) of paragraph (1)(A) 
        or under subparagraph (D) or (E) of paragraph (2) shall 
        not be included within any other allocation under that 
        paragraph.''.
            [(2) Fiscal year 1995.--The chairman of the 
        Committee on the Budget shall submit to the House of 
        Representatives or the Senate, as the case may be, 
        appropriately revised allocations under clauses (iv) 
        and (v) of paragraph (1)(A) or subparagraphs (D) and 
        (E) of paragraph (2) of section 602(a) of the 
        Congressional Budget Act of 1974 for fiscal year 1995 
        to carry out subsection (b)(1).
    [(g) Violent Crime Reduction Trust Fund Sequestration.--
            [(1) Sequestration.--Part C of the Balanced Budget 
        and Emergency Deficit Control Act of 1985 is amended by 
        adding after section 251 the following new section:

[``SEC. 251A. SEQUESTRATION WITH RESPECT TO VIOLENT CRIME REDUCTION 
                    TRUST FUND.

    [``(a) Sequestration.--Within 15 days after Congress 
adjourns to end a session, there shall be a sequestration to 
eliminate any budgetary excess in the Violent Crime Reduction 
Trust Fund as described in subsection (b).
    [``(b) Eliminating a Budgetary Excess.--
            [``(1) In general.--Except as provided by paragraph 
        (2), appropriations from the Violent Crime Reduction 
        Trust Fund shall be reduced by a uniform percentage 
        necessary to eliminate any amount by which estimated 
        outlays in the budget year from the Fund exceed the 
        following levels of outlays:
                    [``(A) For fiscal year 1995, $703,000,000.
                    [``(B) For fiscal year 1996, 
                $2,334,000,000.
                    [``(C) For fiscal year 1997, 
                $3,936,000,000.
                    [``(D) For fiscal year 1998, 
                $4,904,000,000.

        For fiscal year 1999, the comparable level for 
        budgetary purposes shall be deemed to be 
        $5,639,000,000. For fiscal year 2000, the comparable 
        level for budgetary purposes shall be deemed to be 
        $6,225,000,000.
            [``(2) Special outlay allowance.--If estimated 
        outlays from the Fund for a fiscal year exceed the 
        level specified in paragraph (1) for that year, that 
        level shall be increased by the lesser of that excess 
        or 0.5 percent of that level.
    [``(c) Look-Back.--If, after June 30, an appropriation for 
the fiscal year in progress is enacted that causes a budgetary 
excess in the Violent Crime Reduction Trust Fund as described 
in subsection (b) for that year (after taking into account any 
sequestration of amounts under this section), the level set 
forth in subsection (b) for the next fiscal year shall be 
reduced by the amount of that excess.
    [``(d) Within-Session Sequestration.--If an appropriation 
for a fiscal year in progress is enacted (after Congress 
adjourns to end the session for the budget year and before July 
1 of that fiscal year) that causes a budgetary excess in the 
Violent Crime Reduction Trust Fund as described in subsection 
(b) for that year (after taking into account any prior 
sequestration of amounts under this section), 15 days later 
there shall be a sequestration to eliminate that excess 
following the procedures set forth in subsection (b).
    [``(e) Part-Year Appropriations and OMB Estimates.--
Paragraphs (4) and (7) of section 251(a) shall apply to 
appropriations from, and sequestration of amounts appropriated 
from, the Violent Crime Reduction Trust Fund under this section 
in the same manner as those paragraphs apply to discretionary 
appropriations and sequestrations under that section.''.
            [(2) Reports.--Section 254(g) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 is 
        amended by redesignating paragraphs (4) and (5) as 
        paragraphs (5) and (6), respectively, and by inserting 
        after paragraph (3) the following new paragraph:
            [``(4) Reports on sequestration to reduce the 
        violent crime reduction trust fund.--The final reports 
        shall set forth for the budget year estimates for each 
        of the following:
                    [``(A) The amount of budget authority 
                appropriated from the Violent Crime Reduction 
                Trust Fund and outlays resulting from those 
                appropriations.
                    [``(B) The sequestration percentage and 
                reductions, if any, required under section 
                251A.''.]

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 31, UNITED STATES CODE



           *       *       *       *       *       *       *
                    SUBTITLE II--THE BUDGET PROCESS

           *       *       *       *       *       *       *


  CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

           *       *       *       *       *       *       *


Sec. 1105. Budget contents and submission to Congress

    (a) On or after the first Monday in January but not later 
than the first Monday in February of each year the President 
shall submit a budget of the United States Government for the 
following fiscal year. Each budget shall include a budget 
message and summary and supporting information. The President 
shall include in each budget the following:
            (1) * * *

           *       *       *       *       *       *       *

            [(30) an analysis displaying, by agency, proposed 
        reductions in full-time equivalent positions compared 
        to the current year's level in order to comply with 
        section 5 of the Federal Workforce Restructuring Act of 
        1994.]

           *       *       *       *       *       *       *


                       CHAPTER 13--APPROPRIATIONS

           *       *       *       *       *       *       *


                 SUBCHAPTER II--TRUST FUNDS AND REFUNDS

           *       *       *       *       *       *       *


Sec. 1321. Trust funds

    (a) The following are classified as trust funds:
            (1) * * *

           *       *       *       *       *       *       *

            [(91) Violent Crime Reduction Trust Fund.]

           *       *       *       *       *       *       *

                              ----------                              


                SECTION 13 OF THE ACT OF AUGUST 18, 1970

                          (Public Law 91-383)

SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.

    (a) Availability of Funds.--There are authorized to be 
appropriated [out of the Violent Crime Reduction Trust Fund,] 
not to exceed $10,000,000, for the Secretary of the Interior to 
take all necessary actions to seek to reduce the incidence of 
violent crime in the National Park System.

           *       *       *       *       *       *       *

                              ----------                              


     SECTION 6 OF THE LAND AND WATER CONSERVATION FUND ACT OF 1965

                     financial assistance to states

    Sec. 6. General Authority; Purposes.--(a) * * *

           *       *       *       *       *       *       *

    (h) Capital Improvement and Other Projects to Reduce 
Crime.--
            (1) Availability of funds.--In addition to 
        assistance for planning projects, and in addition to 
        the projects identified in subsection (e)[, and from 
        amounts appropriated out of the Violent Crime Reduction 
        Trust Fund,] the Secretary may provide financial 
        assistance to the States, not to exceed $15,000,000, 
        for projects or combinations thereof for the purpose of 
        making capital improvements and other measures to 
        increase safety in urban parks and recreation areas, 
        including funds to--
                    (A) * * *

           *       *       *       *       *       *       *

                              ----------                              


           SECTION 241 OF THE IMMIGRATION AND NATIONALITY ACT

            detention and removal of aliens ordered removed

    Sec. 241. (a) * * *

           *       *       *       *       *       *       *

    (i) Incarceration.--
            (1) * * *

           *       *       *       *       *       *       *

            (5) There are authorized to be appropriated such 
        sums as may be necessary to carry out this subsection[, 
        of which the following amounts may be appropriated from 
        the Violent Crime Reduction Trust Fund:
                    [(A) $130,000,000 for fiscal year 1995;
                    [(B) $300,000,000 for fiscal year 1996;
                    [(C) $330,000,000 for fiscal year 1997;
                    [(D) $350,000,000 for fiscal year 1998;
                    [(E) $350,000,000 for fiscal year 1999; and
                    [(F) $340,000,000 for fiscal year 2000].

           *       *       *       *       *       *       *

                              ----------                              


         ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996

               TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT

Subtitle A--Resources and Security

           *       *       *       *       *       *       *


[SEC. 808. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF 
                    GOVERNMENT EMPLOYEES.

    [(a) Findings.--The Congress finds that--
            [(1) threats of violence and acts of violence 
        against Federal, State, and local government employees 
        and their families are increasing as the result of 
        attempts to stop public servants from performing their 
        lawful duties;
            [(2) these acts are a danger to the constitutional 
        form of government of the United States; and
            [(3) more information is needed relating to the 
        extent and nature of the danger to these employees and 
        their families so that actions can be taken to protect 
        public servants at all levels of government in the 
        performance of their duties.
    [(b) Statistics.--The Attorney General shall collect data, 
for the calendar year 1990 and each succeeding calendar year 
thereafter, relating to crimes and incidents of threats of 
violence and acts of violence against Federal, State, and local 
government employees and their families in the performance of 
their lawful duties. Such data shall include--
            [(1) in the case of crimes against such employees 
        and their families, the nature of the crime; and
            [(2) in the case of incidents of threats of 
        violence and acts of violence, including verbal and 
        implicit threats against such employees and their 
        families, the deterrent effect on the performance of 
        their jobs.
    [(c) Guidelines.--The Attorney General shall establish 
guidelines for the collection of the data under subsection (b), 
including a definition of the sufficiency of evidence of 
noncriminal incidents required to be reported.
    [(d) Use of Data.--
            [(1) Annual publishing.--The Attorney General shall 
        publish an annual summary of the data collected under 
        this section.
            [(2) Use of data.--Except with respect to the 
        summary published under paragraph (1), data collected 
        under this section shall be used only for research and 
        statistical purposes.
    [(e) Exemption.--The Attorney General, the Secretary of 
State, and the United States Secret Service is not required to 
participate in any statistical reporting activity under this 
section with respect to any direct or indirect threat made 
against any individual for whom that official or Service is 
authorized to provide protection.]

           *       *       *       *       *       *       *


Subtitle B--Funding Authorizations for Law Enforcement

           *       *       *       *       *       *       *


[SEC. 823. FUNDING SOURCE.

    [Appropriations for activities authorized in this subtitle 
may be made from the Violent Crime Reduction Trust Fund.]

           *       *       *       *       *       *       *

                              ----------                              


       SECTION 118 OF THE DRUG-FREE PRISONS AND JAILS ACT OF 1998

[SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

    [(a) In General.--There are authorized to be appropriated 
to carry out this subtitle from the Violent Crime Reduction 
Trust Fund as authorized by title 31 of the Violent Crime and 
Control and Law Enforcement Act of 1994 (42 U.S.C. 14211)--
            [(1) for fiscal year 1999, $30,000,000; and
            [(2) for fiscal year 2000, $20,000,000.
    [(b) Reservation.--The Director may reserve each fiscal 
year not more than 20 percent of the funds appropriated 
pursuant to subsection (a) for activities required under 
section 116.]
                              ----------                              


           SECTION 401 OF THE ECONOMIC ESPIONAGE ACT OF 1996

SEC. 401. ESTABLISHING BOYS AND GIRLS CLUBS.

    (a) * * *

           *       *       *       *       *       *       *

    (e) Authorization of Appropriations.--
            (1) * * *
            [(2) Violent crime reduction trust fund.--The sums 
        authorized to be appropriated by this subsection may be 
        made from the Violent Crime Reduction Trust Fund.]

           *       *       *       *       *       *       *


                           Markup Transcript



                            BUSINESS MEETING

                        WEDNESDAY, JUNE 20, 2001

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 11:07 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    Now, pursuant to notice, I call up the bill, H.R. 2215, the 
``21st Century Department of Justice Appropriations 
Authorization Act'' for purposes of markup, and move its 
favorable recommendation to the House.
    Without objection, the bill will be considered as read and 
open for amendment at any point, and the Chair recognizes 
himself to explain the bill.
    [The bill, H.R. 2215, follows:]
    <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
    
    Chairman Sensenbrenner. I am pleased to bring before the 
Committee H.R. 2215, the DOJ Authorization Act. This bill is 
based on President Bush's proposal for the Justice Department's 
fiscal year 2002 budget. Three Subcommittees and the full 
Committee have reviewed the Department's budget at oversight 
hearings. Attorney General John Ashcroft testified for over 3 
hours regarding various issues concerning the President's 
proposed budget. This bill is the product of several drafting 
sessions between the majority and minority staff and officials 
from the Justice Department, and from a number of Members who 
have provided input into this legislation. I wish to thank the 
chief co-sponsor of this legislation, the gentleman from 
Michigan, Mr. Conyers, for his help and support in crafting 
this legislation.
    It has been over 20 years since the 96th Congress last 
authorized appropriations for the Department of Justice. As a 
result, the Department is operated pursuant to laws that are in 
need of revision. H.R. 2215 establishes fundamental budgetary 
and administrative authorities that simplify, harmonize and 
clarify over two decades of statutory authorities that have 
been created by various enactments. These changes should enable 
the Justice Department to improve its efficiency which will 
ultimately benefit the American people.
    The President's budget includes many promising initiatives, 
including new funding for the INS to help secure our borders, 
new funding for the FBI to combat terrorism and cyber crime, 
and new funding for the DEA to improve its efforts to fight the 
scourge of drugs and violence. Notwithstanding these 
priorities, I support the administration's decision to take a 
breather from the hefty budget increases that the Department 
has received in the last decade.
    The Department of Justice's budget has dramatically 
increased from $11 billion in fiscal '93 to more than $21 
billion this year. It is not clear that the Department has been 
able to manage these resources effectively and efficiently. The 
funding levels authorized in this bill reflect the request of 
the President with one exception. The Committee has increased 
the level authorized for the Office of Inspector General by $10 
million. The IG's Office has been severely downsized over the 
last several years from approximately 460 to 360 full-time 
equivalents. Oversight is a priority and this level of funding 
should get the IG back on the path of meeting the audit and 
oversight needs of the Department. Also, together with the 
manager's amendment that I will offer, which will create a 
Deputy IG for FBI oversight whose sole job will be to 
coordinate and be responsible for overseeing the programs and 
operations of the Bureau, this funding level will help the 
Department improve its operations.
    H.R. 2215 also stakes the Committee's claim to information 
so that it may conduct proper oversight over the Department. 
Several years ago the appropriators slipped in an amendment to 
their bill, denying this Committee the ability to receive 
reprogramming and transfer notices, notices which were 
routinely sent to the Committee previously. This has diminished 
our ability to conduct oversight over the Department. One 
example of this comes to mind. Several years ago when the FBI 
reorganized the National Security Division, the FBI came to the 
Hill to brief majority and minority staff on the 
reorganization. This was the first time our staffs had even 
heard of this reorganization, and the FBI informed the staff 
that the appropriators had approved the plan through a 
reprogramming request.
    H.R. 2215 is a giant step in the right direction. However, 
this bill does not authorize a number of expired grant programs 
for several reasons. First, they need serious review. We're not 
about to rubber stamp a funding level without fully reviewing 
those programs which have grown exponentially over the last 
several years. The Committee has tried, with limited success 
over the years to authorize expired grant programs. Last year 
Congress authorized the Violence Against Women Act. This year 
again we have passed the Juvenile Justice bill, and I hope that 
will not get bogged down with extraneous matters as it did last 
Congress. I also expect during the remainder of this Congress, 
we will review and authorize as appropriate, those expired 
provisions of the Omnibus Crime Control Act of '68, State and 
local block grants, the programs contained in the Antiterrorism 
and Effective Death Penalty Act of 1994, and other similar 
expired authority. This will take great effort, but I realize 
before we authorize them, we need to vigorously review those 
programs to insure the billions that are spent on them are 
being spent wisely.
    [The opening statement of Chairman Sensenbrenner follows:]
  Prepared Statement of the Honorable F. James Sensenbrenner, Jr., a 
         Representative in Congress From the State of Wisconsin
    I am pleased to bring before the Committee H.R. 2215, the ``21st 
Century Department of Justice Appropriations Authorization Act.'' H.R. 
2215 is based on President Bush's proposal for the Justice Department's 
fiscal year 2002 budget. Three subcommittees and the full Committee 
reviewed the Department's budget at oversight hearings. Attorney 
General John Ashcroft testified for over three hours regarding various 
issues concerning the President's proposed budget.
    This bill is the product of several drafting sessions between the 
majority and minority staff and officials from the Justice Department, 
and from a number of Members who have provided input into this 
legislation. I want to thank the chief cosponsor of this legislation, 
Rep. Conyers, for his help and support in crafting this legislation.
    It has been over twenty years since the 96th Congress last 
authorized appropriations for the Department of Justice. As a result, 
the Department has operated pursuant to laws that are in need of 
revision. H.R. 2215 establishes fundamental budgetary and 
administrative authorities that simplify, harmonize, and clarify over 
two decades of statutory authorities that have been created by various 
enactments. These changes should enable the Justice Department to 
improve its efficiency which will ultimately benefit the American 
people.
    The President's budget includes many promising initiatives, 
including: new funding for the Immigration and Naturalization Service 
to help secure our borders, new funding for the Federal Bureau of 
Investigation to combat terrorism and cybercrime, and new funding for 
the Drug Enforcement Agency to improve its efforts to fight the scourge 
of drugs and violence.
    Notwithstanding these priorities, I support the Administration's 
decision to take a breather from the hefty budget increases that the 
Department has received in the last decade. The Department of Justice's 
budget has dramatically increased from $11 billion in Fiscal Year 1993 
to more than $21 billion this year. It is not clear that the Department 
has been able to manage these resources effectively and efficiently.
    The funding levels authorized in this bill reflect the request of 
the President with one exception. The Committee has increased the level 
authorized for the Office of Inspector General by 10 million dollars. 
The IG's office has been severely downsized over the last several years 
from approximately 460 to 360 full-time equivalents. Oversight is a 
priority and this level of funding should get the IG back on the path 
of meeting the audit and oversight needs of the Department. Also, 
together with the manager's amendment that I will offer, which will 
create a Deputy IG for FBI oversight whose sole job will be to 
coordinate and be responsible for overseeing the programs and 
operations of the Bureau, this funding level will help the Department 
improve its operations.
    H.R. 2215 also stakes the Committee's claim to information to 
conduct proper oversight over the Department. Several years ago the 
Appropriations Committee slipped an amendment in their bill denying 
this Committee the ability to receive reprogramming and transfer 
notices--notices which routinely were sent to the Committee. This has 
diminished our ability to conduct oversight over the Department. One 
example of this comes to mind. Several years ago when the FBI 
reorganized the National Security Division, the FBI came to the Hill to 
brief majority and minority staff on the reorganization. It was the 
first time our staff's had even heard of the reorganization and the FBI 
informed the staff that the appropriators had approved the plan through 
a reprogramming request.
    H.R. 2215 is a giant step in the right direction; however, this 
bill does not authorize a number of expired grant programs for several 
reasons. First, these programs need serious review. We were not about 
to rubber stamp any funding level without fully reviewing these 
programs which have grown exponentially over the last several years. 
This Committee has tried with limited success over the years to 
authorize expired grant programs. Last year, Congress authorized the 
Violence Against Women Act. This year, we have again passed the 
Juvenile Justice bill, and I am hopeful that it will not get bogged 
down with extraneous matters as it did last Congress. I also expect 
that during the remainder of this Congress, we will review and 
authorize, as appropriate, those expired provisions in the Omnibus 
Crime Control Act of 1968, state and local block grants, the programs 
contained in the Antiterrorism and Effective Death Penalty Act of 1994, 
and other similar expired authority. This will take great effort, but I 
believe we need to vigorously review these programs to ensure that the 
billions spent on them are being spent wisely before we reauthorize 
them. It is for these reasons that we have deferred action on the 
expired grant programs of the Department.
    Again, let me thank the Members and officials of the Department for 
their efforts both at the hearing and at this markup. I nows recognize 
the gentleman from Michigan for five minutes for his statement.

    And at this time I would recognize the gentleman from 
Michigan, Mr. Conyers.
    Mr. Conyers. Thank you, Mr. Chairman. I rise to strike the 
last word, and to thank you for defending our Committee's 
jurisdiction and for the bipartisanship that was involved in 
constructing this measure.
    We have not authorized the Department of Justice in more 
than 20 years, and instead of leaving the responsibility to the 
appropriators to decide which programs in Justice should be 
authorized and what their funding level should be, we are 
making that initial recommendation ourselves.
    To remedy the past problems, the Chairman has worked with 
our staff, the Justice Department, to draft legislation. First 
we repeal archaic statutes and fixing errors in the law. The 
bill is the voice of the Committee on how the Department of 
Justice should be funded. Example, this bill tracks our 
requests that the Civil Rights Division receive $101 million 
for the fiscal year 2002. This is the amount that the Committee 
recommended earlier in its budget views. Significantly, our 
Committee's markup is occurring in advance of the Subcommittee 
on Appropriations of Commerce, Justice, State and Judiciary. 
This puts our Committee on record when the record still 
matters.
    The Chairman and I also initiated discussions with Chairman 
Leahy and Senator Hatch on this matter, and hopefully when the 
bill passes the House, there will be a reasonable opportunity 
to work with the leaders in the other body to pass legislation 
similar to ours.
    Now, this first authority is narrow in scope. It leaves 
uncommented upon other Department of Justice grant programs, 
for example, the COPS program, and local law enforcement block 
grants. But it is an excellent starting point nevertheless, and 
I hope a precursor to even more active Committee involvement in 
the running of the Justice Department.
    Thank you very much. I return any unused time.
    Chairman Sensenbrenner. Without objection, Members' opening 
statements will appear in the record at this point. The bill is 
open for amendment at any point, and I have an amendment at the 
desk. The clerk will report the amendment.
    The Clerk. Amendment to H.R. 2215, offered by Mr. 
Sensenbrenner.
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read and open for amendment at any point. And I 
will recognize myself for 5 minutes.
    [The amendment follows:]
    <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
    
    Chairman Sensenbrenner. This amendment is a bipartisan 
effort to improve the oversight of DOJ. The Department has in 
many ways lost its way, and I believe it needs to focus on 
fundamentals, fundamentals regarding core functions, 
fundamentals regarding the mission of the Department and its 
components, and fundamentals regarding the mundane, such as 
financial management, information technology and human 
resources. The FBI oversight provision in the amendment directs 
the DOJ Inspector General to appoint a deputy whose sole job is 
to focus on the FBI's programs and operations, something that 
is sorely needed in light of revelations in the press. The 
amendment directs the IG to submit to Congress a report within 
30 days of enactment of the bill, so that Congress and the 
American people know what the plan will be for overseeing the 
FBI.
    The IG will consider several other factors including first, 
auditing financial systems, information technology systems and 
computer security operations of the FBI. Second, auditing and 
evaluating programs and processes of the FBI to identify 
systemic weaknesses or implementation failures and to recommend 
corrective action. Third, reviewing the activities of Internal 
Affairs Offices at the FBI. And fourth, investigating 
allegations of misconduct by FBI personnel.
    Finally, the amendment directs the Attorney General to 
review former Attorney General Reno's order 1931-94, signed 
November 8, 1994, which limited the ability of the IG to review 
FBI and DEA matters. Together with the funding increase for the 
IG already contained in the bill, this signifies a major step 
forward in our effort to improve the operations of the FBI.
    The amendment also contains a provision that would promote 
accountability and integrity in the multibillion dollar grant 
program now administered by the DOJ, by requiring the Attorney 
General to provide Congress with annual reports and performance 
reviews of these programs. These reports would identify and 
describe the specific purpose of each grant, the recipients of 
the grant, the dollar amount of the grant, and the losing 
applicants. The performance reviews would inform the Congress 
of the effectiveness of completed grant projects in achieving 
the specified purposes for which the grants were made. These 
reports and performance reviews will establish a record of 
measurable results which will permit Congress to carry out its 
constitutional responsibility to authorize and fund these 
programs at appropriate levels.
    The amendment contains a provision that directs the 
Department to be consistent when collecting statistical 
information. It does not help the Congress and others 
conducting oversight of the Department when the Department 
provides data and statistics that are not methodologically 
sound and consistent. This provision will insure consistency in 
their statistical reporting.
    The amendment also contains a provision drafted by Mr. 
Berman, that would amend an existing reporting requirement by 
requiring specific information about criminal infringement of 
copyright cases.
    I appreciate Mr. Berman and Mr. Coble's efforts in this 
area.
    Finally, the amendment makes several technical and 
conforming changes to the underlying bill in a number of 
statutes.
    I yield back the balance of my time. And is there further 
discussion of the amendment?
    [The statement of Chairman Sensenbrenner follows:]
  Prepared Statement of the Honorable F. James Sensenbrenner, Jr., a 
         Representative in Congress From the State of Wisconsin
    This amendment is a bipartisan effort to improve oversight of the 
Department of Justice. The Department of Justice has in many ways lost 
its way, and I believe it needs to focus on fundamentals. Fundamentals 
regarding core functions, fundamentals regarding the mission of the 
Department and its components, and fundamentals regarding the mundane 
such as financial management, information technology, and human 
resources.
    The FBI oversight provision in the amendment directs the Department 
of Justice Inspector General to appoint a deputy whose sole job is to 
focus on the FBI's programs and operations. The amendment directs the 
IG to submit to Congress a report within 30 days of enactment of the 
bill so that Congress and the American people know what the plan will 
be for overseeing the FBI. The IG will consider several other factors:

        
 auditing the financial systems, information 
        technology systems, and computer security systems of the FBI;

        
 auditing and evaluating programs and processes of the 
        FBI to identify systemic weaknesses or implementation failures 
        and to recommend corrective action;

        
 reviewing the activities of internal affairs offices 
        at the FBI; and

        
 investigating allegations of misconduct by FBI 
        personnel.

    Finally, the amendment directs the Attorney General to review 
Attorney General Reno's order 1931-94 signed November 8, 1994, which 
limited the ability of the IG to review FBI and DEA matters. Together 
with the funding increase for the IG already contained in the bill, 
this signifies a major step forward in our effort to improve the 
operations of the FBI.
    The amendment also contains a provision which would promote 
accountability and integrity in the multibillion dollar grant programs 
now administered by the Department of Justice by requiring the Attorney 
General to provide Congress with annual reports and performance reviews 
of those programs. The reports would identify and describe the specific 
purpose of each grant, the recipients of the grant, the dollar amount 
of each grant, and the losing applicants. The performance reviews would 
inform the Congress of the effectiveness of completed grant projects in 
achieving the specified purposes for which the grants were made. These 
reports and performance reviews will establish a record of measurable 
results that will permit Congress to carry out its constitutional 
responsibility to authorize and fund these programs at appropriate 
levels.
    The amendment contains a provision that directs the Department to 
be consistent when collecting statistical information. It does not help 
the Congress and others conducting oversight of the Department when the 
Department provides data and statistics that are not methodologically 
sound. This provision will ensure consistency in Justice Department 
statistical reporting.
    The amendment also contains a provision drafted by Mr. Berman which 
would amend an existing reporting requirement by requiring specific 
information about criminal infringement of copyright cases. I 
appreciate Mr. Berman's and Mr. Coble's efforts on this matter.
    Finally, the amendment makes several technical and conforming 
changes to the underlying bill and a number of statutes.

    The gentleman from Michigan, Mr. Conyers, is recognized for 
5 minutes.
    Mr. Conyers. Thank you, Mr. Chairman. I strike the last 
word, and rise in support of the amendment, and ask unanimous 
consent to insert my statement into the record?
    Chairman Sensenbrenner. Without objection.
    [The statement of Mr. Conyers follows:]
Prepared Statement of the Honorable John Conyers, Jr., a Representative 
                 in Congress From the State of Michigan
    I must again commend the Chairman for defending this Committee's 
jurisdiction and for his bipartisanship. This Committee has not 
authorized the Department of Justice in more than 20 years, instead 
leaving the responsibility to the appropriators to decide what DOJ 
programs should be authorized and their maximum funding level. Needless 
to say, this puts a serious cramp in our Committee's critical oversight 
function.
    To remedy this, the Chairman worked with our staff and the Justice 
Department to draft legislation. Aside from repealing archaic statutes 
and fixing errors in the law, the bill is the voice of the Committee on 
how the Justice Department should be funded. For example, this bill 
tracks our request that the Civil Rights Division receive $101.8 
million for fiscal year 2002. This is the amount that the Committee 
recommended in its budget views.
    Significantly, our Committee's markup is occurring in advance of 
the Commerce, Justice, State, and Judiciary markup by the 
Appropriations Committee. This put our Committee on record when the 
record still matters. The Chairman and I also initiated discussions 
with Senators Leahy and Hatch on this matter, and hopefully, when the 
bill passes the House, there will be a reasonable opportunity to pass 
this legislation in the other body.
    This bill is not perfect. It is narrow in scope and does not touch 
all important DOJ grant programs such as COPS and local law enforcement 
block grants. But it is a useful starting point and I hope a precursor 
to more active Committee involvement in the running of the Justice 
Department.

    Mr. Conyers. And return the time.
    Chairman Sensenbrenner. The gentleman's time is returned. 
The question is on the amendment offered by----
    Mr. Conyers. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Michigan.
    Mr. Conyers. Mr. Chairman, I'd like to offer one small 
amendment that----
    Chairman Sensenbrenner. Is this an amendment to the 
amendment or an amendment to the bill?
    Mr. Conyers. Oh, no, it's a separate amendment.
    Chairman Sensenbrenner. Okay. The question again recurs on 
the amendment offered by the Chair. Those in favor will signify 
by saying aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it. And the 
amendment is agreed to. Are there further amendments? Gentleman 
from Michigan, Mr. Conyers.
    Mr. Conyers. I have an amendment at the desk, and ask that 
it be reported.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Mr. Chairman, I don't have the Conyers amendment 
at the desk.
    Chairman Sensenbrenner. Now you do.
    The Clerk. Amendment to H.R. 2215 offered by Mr. Conyers. 
At page 8, line 2, strike the period----
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read, and the gentleman from Michigan is 
recognized for 5 minutes.
    [The amendment follows:]
    <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
    
    Mr. Conyers. Mr. Chairman, I rise in support of my 
amendment, which addresses a small concern about the original 
bill that required the Attorney General not only to appoint 200 
new Assistant United States Attorneys, but also, if necessary, 
to take them from Main Justice.
    Now, that's fine because we've already made that 
appointment for Main Justice an option instead of a 
requirement, but I just want to make sure that the Attorney 
General doesn't decide to make appointments, even optionally, 
at the risk of important--two important areas. That is the 
civil rights area and the environmental prosecutions area.
    I begin my discussion under the premise that no one in the 
room seriously contends that we need less civil rights 
oversight or less environmental enforcement, because taking 
attorneys away from these two parts of the Department of 
Justice would aggravate very serious problems.
    And so my amendment merely states that the Attorney General 
has the option of appointing 200 new Assistant U.S. Attorneys 
and that they may come from Main Justice, but not from the 
Civil Rights Division and not from the Environmental and 
Natural Resources Division. This would--this is because the 
Civil Rights Division and the Environment Division are the two 
most, in my judgment, overworked Divisions in the Department. 
Discrimination, as we all readily are aware, continues to be a 
persistent problem in American society, and there is more than 
sufficient evidence supporting increasing funding to enforce 
the civil rights laws and oversight of them.
    It would make no sense for us to authorize $101 million in 
funding for the Civil Rights Division on the one hand, but then 
permit the Attorney General to cherrypick civil rights 
attorneys and transfer them to other U.S. Attorney's Offices, 
no matter how much they may be needed.
    And the same goes for the Environmental Division. It's so 
critical where the environment becomes more and more important 
a subject almost daily that we keep as strong an Environmental 
and Natural Resources Division as possible.
    And so that is the simple and primary and only goal of this 
amendment, and I urge favorable consideration by my colleagues, 
and I return any unused time.
    Chairman Sensenbrenner. The Chair recognizes himself to 
strike the last word.
    I believe that the gentleman from Michigan's heart is in 
the right place, and this legislation actually tracks the 
President's request in increasing the authorization for the 
Civil Rights Division because the Civil Rights Division is 
overworked, and with the additional money, I think that you 
will see additional personnel being assigned to the Civil 
Rights Division.
    The concern that I have is to place this type of language 
in an authorization bill ties the Attorney General's hands in 
managing his Department. And I would be opposed to this type of 
legislation as well as legislation that would mandate the 
sending of 200 attorneys from Main Justice out to the U.S. 
Attorney's Offices.
    Should the Attorney General decide to do this, we will give 
him a prompt invitation to come to this Committee to explain 
what he has done and to get input from Members of the 
Committee. And I think that since Mr. Ashcroft had such a good 
time when he was up here earlier, he would be delighted to come 
and explain that.
    The fact is that without this legislation he can do it, 
ignoring this Committee and the Senate Judiciary Committee, 
simply with a reprogramming request it goes over to the 
appropriators. I think that getting reprogramming notices here 
is a much more important principle to establish and leave the 
management of the Justice Department to the man who was 
appointed to head the Justice Department.
    Mr. Conyers. Would the gentleman yield?
    Chairman Sensenbrenner. I yield to the gentleman from 
Michigan.
    Mr. Conyers. While I'm persuaded by the Chairman's bona 
fides in this area, I think this is a shot across the bow. I'm 
sure the Attorney General and his representatives can discern 
what import and I hope the sentiment of the full Committee are. 
And with an agreement that we would include this discussion in 
our report language, I would ask unanimous consent to withdraw 
the amendment.
    Chairman Sensenbrenner. If the gentleman would yield, I 
believe that the report language should clearly indicate what 
the Committee's desire is, which I think is expressed by the 
gentleman from Michigan, and the amendment is withdrawn.
    Are there further amendments? The gentleman from 
California, Mr. Berman. Do you have an amendment?
    Mr. Conyers. He's empty-handed.
    Mr. Berman. Yes, Mr. Chairman, I have an amendment at the 
desk.
    Chairman Sensenbrenner. The gentleman from California is 
not empty-handed, and the clerk will report the amendment.
    The Clerk. Amendment to H.R. 2215, offered by Mr. Berman, 
Mr. Gallegly----
    Mr. Berman. I ask unanimous consent the amendment be 
considered as read.
    The Clerk.--Ms. Lofgren, Ms. Waters----
    Mr. Gekas. Mr. Chairman, I reserve a point of order.
    The Clerk.--Mr. Issa, Mr.----
    Chairman Sensenbrenner. A point of order is reserved, 
without objection, the amendment is considered as read, and the 
gentleman from California is recognized for 5 minutes.
    [The amendment follows:]
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    Mr. Berman. Thank you very much, Mr. Chairman, and I 
understand the parliamentary problems with this amendment. But 
I did want to use this as an opportunity with some of my 
colleagues who are very much affected by it to raise the 
problem with the State Criminal Alien Assistance Program, 
sometimes known as SCAAP, a program which we were led to 
believe the authorization had now expired. The amendment would 
reauthorize the program at a level up to $750 million. The 
Committee, when it made a recommendation to the House Budget 
Committee, we recommended it being funded at $685 million. 
Unfortunately, the administration's budget now includes only 
$265 million for SCAAP in fiscal year 2002. That's greater than 
a 50-percent cut.
    The Committee also at the time supported a long-term 
reauthorization of SCAAP. The original authorization expired 
last year, and in many States this is not a program we can 
afford to lose. The State Criminal Alien Assistance Program has 
brought much needed relief to the States most impacted by the 
expense of housing criminal aliens. What this is about, it's 
about the Federal Government's failure to enforce our laws and 
the States, and particularly the justice systems in the States, 
bearing the costs of that Federal failure.
    At the present time in California, for instance, the cost 
to our State and county jurisdictions that applied for 
reimbursement in fiscal year 1999 was slightly more than $460 
million. The SCAAP funds then appropriated, far greater than 
are now being proposed, allocated to California that same 
fiscal year was merely $178 million. This left nearly 60 
percent of the burden of incarcerating this population solely 
on the shoulders of the State. California is not alone in 
shouldering this burden. Other border States like Arizona, 
Texas, and Florida are hit just as hard by this expense.
    It's my understanding that the language that H.R. 2215 
strikes from the current SCAAP authorization leaves an open-
ended permanent authorization for the SCAAP. If that is the 
case, I would be happy to withdraw the amendment and----
    Mr. Issa. Would the gentleman yield?
    Mr. Berman. I'd be happy to yield----
    Mr. Issa. Thank you.
    Mr. Berman.--to the gentleman from California, Mr. Issa.
    Mr. Issa. Thank you.
    Mr. Chairman, I also realize that there may be some 
question about the appropriateness of this, but there is no 
question that sooner or later, if we can't do it here today, 
this body has to address the requirement for the Federal 
Government to meet its obligation to the border States for the 
legitimate cost of incarceration that's been incurred as a 
result of our simply enforcing Federal laws or participating in 
incarcerating these people. And I would join my colleague, Mr. 
Berman, in saying that, you know, if we can do it here, great; 
if we can't do it, we have to readdress this.
    Thank you. I yield back.
    Mr. Berman. Thank you. Just, Mr. Chairman, in what 
remaining time I have left, could I ask the Chair or counsel to 
the Committee through the Chair the question? Based on the way 
this authorization bill is written and the fact--and the 
language that is struck from the existing, now expired 
authorization, I understand that the, in effect, SCAAP 
authorization would be an open-ended authorization if the 
Justice Department authorization bill, H.R. 2215----
    Chairman Sensenbrenner. Will the gentleman yield?
    Mr. Berman.--were to pass. I'd be happy to.
    Chairman Sensenbrenner. I am informed by staff that SCAAP 
has an open-ended permanent authorization, so that if you put 
your $750 million in there, you would be limiting it to $750 
million. Do you really want to do that?
    Mr. Berman. That's why I'm happy to withdraw the amendment. 
However----
    Chairman Sensenbrenner. The amendment is withdrawn.
    Mr. Berman. However, I would like then to just make sure I 
understand. The appropriators will not be bound in their 
decision to appropriate by any--the inadequate, arbitrary level 
of authorization.
    Chairman Sensenbrenner. Are the appropriators ever bound by 
anything anybody else does? And with that the amendment is 
withdrawn. With that happy note, are there further amendments? 
The gentleman from New York, Mr. Weiner.
    Mr. Weiner. Mr. Chairman, I have an amendment at the desk, 
Weiner 4.
    Chairman Sensenbrenner. Weiner 4. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 2215, offered by Mr. Weiner. 
At the end of the bill, add the following----
    Mr. Weiner. Mr. Chairman, I ask to waive the reading of the 
amendment.
    Chairman Sensenbrenner. Without amendment--or without 
objection, the amendment is considered as read. The gentleman 
is recognized for 5 minutes.
    [The amendment follows:]
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    Mr. Gekas. I reserve a point of order.
    Mr. Weiner. Am I recognized?
    Chairman Sensenbrenner. Yes, you're recognized for 5 
minutes.
    Mr. Weiner. Mr. Chairman, I won't take the full 5 minutes. 
This is an effort to clarify a point of law and the intent of 
Congress as it relates to DNA evidence kits that have been 
collected at rape scenes all around the country. There are 
varying estimates about how many there are. This is evidence 
that is collected at sexual abuse, at rape scenes, that have 
been gathering dust in many cases and localities all around the 
country.
    We in this Committee and in this Congress authorized some 
$30 million last year to begin the process of analyzing those 
rape kits, helping States and localities to do so.
    Chairman Sensenbrenner. Will the gentleman yield?
    Mr. Weiner. Certainly.
    Chairman Sensenbrenner. This is a good amendment. We're 
happy to support it.
    Mr. Weiner. Thank you, Mr. Chairman. I yield back the 
balance of my time.
    Chairman Sensenbrenner. The question is on the amendment 
offered by the gentleman from New York, Mr. Weiner. Those in 
favor will signify by saying aye. Opposed, no. The ayes have it 
and the amendment is agreed to.
    For what purpose does the gentleman from Georgia seek 
recognition?
    Mr. Barr. I have an amendment at the desk.
    Chairman Sensenbrenner. The gentleman--this is the 
Carnivore amendment? The clerk will report the amendment.
    The Clerk. Amendment to H.R. 2215 offered by Mr. Barr. At 
the appropriate----
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read, and the gentleman from Georgia is 
recognized for 5 minutes.
    [The amendment follows:]
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    Mr. Barr. Thank you. Mr. Chairman, this is a very simple 
amendment. It simply requires the Attorney General to report at 
the end of the current and the succeeding fiscal years on 
Project Carnivore, also known as DCS 1000.
    As the Chairman knows, beginning in the last Congress, we 
on the Judiciary Committee began to take a very hard and close 
look at Government surveillance of the Internet generally and 
specifically on Project Carnivore. Many more questions about 
Project Carnivore remain than have been answered. Not a couple 
of weeks goes by that there are not more public reports on 
additional information that we find out about Project 
Carnivore. The Attorney General, as we know, is looking into 
this and studying the matter of Carnivore very carefully as 
well. I know on this Committee and our Subcommittee we intend 
to look into this.
    What I believe is very appropriate, Mr. Chairman, with 
regard to this general authorizing legislation for the 
Department of Justice, though, is to go on record reflecting 
our concern about this type of electronic surveillance of the 
Internet and at least require the Department of Justice to 
report specifically to us on the details of this type of 
surveillance in the next couple of fiscal years. This will at 
least get us the information that we need, hopefully 
comprehensive and hopefully accurate, in order to make more 
informed and better oversight and legislative decisions.
    So I would urge Members on both sides to adopt this and 
vote favorably on this amendment, again, which simply calls for 
the Department to report over the next 2 years on this very 
intrusive type of electronic monitoring.
    [The statement of Mr. Barr follows:]
   Prepared Statement of the Honorable Bob Barr, a Representative in 
                   Congress From the State of Georgia
    Mr. Chairman, government-operated systems that listen in on the 
private phone conversations, e-mails, faxes, and data transfers of 
American citizens without a court order or probable cause to believe 
the citizen has violated the law, is a major privacy issue of deep 
public concern.
    With the rapid expansion of communications technology, more private 
conversations than ever before are open to government surveillance. A 
growing number of Americans are concerned about threats to their 
privacy by numerous government agencies conducting numerous 
wiretapping, data basing, and identification activities.
    One such system is the FBI's DCS 1000 computer surveillance system, 
formerly known as ``Carnivore.'' This system employs technology that 
allows outside parties--in this case, the government--to conduct 
surreptitious surveillance on Internet communications. This 
eavesdropping mechanism works like a phone tap for computers by 
attaching directly to the Internet Service Provider (ISP), after which 
all incoming e-mails from a particular source are scanned in the hopes 
of tracking a particular ``target.'' However, of the 2.3 million 
communications intercepted in 1998 alone, only 20% of the material 
contained incriminating evidence, while 80% did not.
    Over the past few years I have repeatedly expressed my concern over 
the FBI conducting such expansive surveillance. Under current 
Department of Justice interpretation of the law, the FBI is allowed to 
access virtually any e-mail, without probable cause.
    The Fourth Amendment limits and narrows searches as to avoid 
intruding into the privacy of innocent individuals. The FBI's DCS 1000 
system should be subjected to the same principal. Therefore, Mr. 
Chairman, I ask that amendatory language be included in the authorizing 
legislation, at least directing the Attorney General to provide a 
report at the end of Fiscal Years 2001 and 2002 to the Congress, 
detailing: the scope of the program; how many times the use of 
surveillance--via the DCS 1000--has been approved during FY 2002; the 
Department of Justice officials who review requests for the program's 
use; and the criteria used by the Department when reviewing requests 
for the program's use, among other things.
    This requirement would at least force the Department of Justice and 
the FBI to provide detailed and accurate information to us on its use 
of this technology. Unfortunately, recent public accounts of the 
government's use of its Carnivore capability shows the government has 
been less than fully accurate in statements regarding its Carnivore 
activities. The need for this report requirement is quite pronounced.

    Chairman Sensenbrenner. The gentleman from Michigan, Mr. 
Conyers.
    Mr. Conyers. Mr. Chairman, let the record reflect that 
Congressman Conyers supports Congressman Barr's amendment. Yes, 
it's true.
    Chairman Sensenbrenner. Would the gentleman yield back the 
balance of his time before he talks himself out of it?
    Mr. Conyers. Not before I put my statement in the record 
with unanimous consent.
    Chairman Sensenbrenner. Without objection.
    Mr. Conyers. And I return my time.
    [The statement of Mr. Conyers follows:]
Prepared Statement of the Honorable John Conyers, Jr., a Representative 
                 in Congress From the State of Michigan
    This is a good amendment. I have made some suggestions for 
improving an earlier draft of the amendment to Mr. Barr, and I'm happy 
to report that he has accepted my comments.
    We don't want the age of electronic commerce and the Internet to 
turn into an excuse to grant the government new entitlements to update 
our privacy. Last Congress, this Committee approved a bipartisan bill 
to rein in the so-called ``Carnivore'' program, which allows law 
enforcement to tap into emails and other electronic messages. We ran 
out of time and could not get the bill on the floor. But the study set 
forth in this amendment is a very good start.
    While the private sector has the responsibility to lead in computer 
and network security, it is up to the federal government to work in a 
partnership with the private sector to build security and trust in 
online activities.
    The FBI's Carnivore system, however, does not meet this test. Among 
many concerns, I am troubled that Carnivore may enable the government 
to acquire more information than the law permits, not only about the 
person who was the target of the investigation, but also about 
hundreds--perhaps thousands--of other subscribers who had nothing to do 
with the investigation.
    In addition, I am concerned about the FBI's apparent haste to 
install Carnivore machines on internet service providers, before the 
ISPs have had an ample opportunity to carry out the surveillance 
activities and provide the targetted information--and only that 
information--to the FBI themselves.
    I have high regard for this Justice Department in the main; 
however, I worry greatly about the forces within the Bureau and the 
Department that can lead to law enforcement excesses.
    For these reasons, I support the Barr Amendment that requires the 
Attorney General and the FBI to issue a report on different aspects of 
the use of Carnivore.

    Chairman Sensenbrenner. The question is on the amendment 
offered by the gentleman from Georgia, Mr. Barr. Those in favor 
will signify by saying aye. Opposed, no. The ayes appear have 
it. The ayes have it, and the amendment is agreed to.
    Are there further amendments? The gentleman from New York, 
Mr. Weiner.
    Mr. Weiner. I have an amendment at the desk, Mr. Chairman, 
Weiner 3.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 2215, offered by Mr. Weiner. 
Page 7, after line 14----
    Mr. Weiner. I request to waive the reading of the bill and 
to have it considered as read.
    Mr. Gekas. I reserve a point of order, Mr. Chairman.
    Chairman Sensenbrenner. The gentleman from Pennsylvania 
reserves a point of order. Without objection, the amendment is 
considered as read. The gentleman from New York is recognized 
for 5 minutes.
    [The amendment follows:]
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    Mr. Weiner. Mr. Chairman, in the interest of time, I--this 
is an amendment that restores the cuts that were in the program 
that prevented it from being fully funded. This amendment would 
fully fund the COPS program, a program that has put cops on the 
streets of every one of our districts, has broad support in the 
law enforcement community, and is something that even Secretary 
Ashcroft had expressed support for when he testified in the 
other body. And I would urge my colleagues to favorably 
consider it.
    I yield back the balance of my time.
    Chairman Sensenbrenner. Does the gentleman from 
Pennsylvania insist upon his point of order?
    Mr. Gekas. I do not.
    Chairman Sensenbrenner. The--okay. Is there further 
discussion on the Weiner amendment? Those in favor will say 
aye. Opposed, no. The ayes appear to have it. The ayes have it, 
and the Weiner amendment is adopted.
    Further amendments to the bill? The gentlewoman from 
Wisconsin, Ms. Baldwin.
    Ms. Baldwin. Thank you, Mr. Chairman. I have an amendment 
at the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 2215----
    Ms. Baldwin. I ask that the amendment be considered as 
read.
    Chairman Sensenbrenner. Without objection, the amendment 
will be considered as read, and the gentlewoman from Wisconsin 
is recognized for 5 minutes.
    [The amendment follows:]
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    Ms. Baldwin. Thank you, Mr. Chairman. As we all know on 
this Committee, violence against women is a major problem in 
our Nation, and last year this Committee, on a strong 
bipartisan basis, reauthorized the landmark 1994 Violence 
Against Women Act that provides grants to help prosecutors, law 
enforcement, and victims, medical professionals, and sexual 
assault and domestic violence advocates.
    What was not included in the VAWA reauthorization last year 
was a permanent VAWA Office within the Department of Justice. 
My amendment would create the permanent VAWA Office. This 
amendment is identical to H.R. 28, which was introduced this 
session by Congresswomen Louise Slaughter and Connie Morella, 
and now has well over 140 cosponsors, including a good 
bipartisan cluster from this Committee.
    It's needed to ensure permanent presence of the VAWA Office 
within the Department of Justice. This office has been 
instrumental in heightening awareness within the Federal 
Government and in our States and local communities of the 
impact of sexual assault and domestic violence. The office 
works with the Attorney General and administers over $270 
million in annual grants to our local communities.
    I urge my colleagues to add this important authorization to 
the bill, and I yield back any remaining time.
    Chairman Sensenbrenner. The gentleman from Georgia, Mr. 
Barr.
    Mr. Barr. Mr. Chairman, I move to strike the last word.
    Chairman Sensenbrenner. The gentleman's recognized for 5 
minutes.
    Mr. Barr. Mr. Chairman, I would urge Members to vote 
against this, not because it's not a good idea but we don't--I 
really don't believe that if you look at the size of the 
Department of Justice, the budget of the Department of Justice, 
the bureaucracy at the Department of Justice, that what we need 
is more bureaucracy at the Department of Justice. There is 
nothing that I heard by the very eloquent advocate, the lady 
from Wisconsin, with regard to this amendment that tells us, 
that establishes, or that presents any evidence that any of 
what she is trying to get at here is not being done.
    All of those matters that are reachable by this new office 
that she proposes are reachable by existing authorities, 
existing personnels within the existing table of organization 
at the Department of Justice. This would create a new 
bureaucracy and a Presidential appointment, additional monies, 
and I would just urge our colleagues to look beyond the PR 
aspect of this and ask, Do we really need an additional office 
at the Department of Justice? Is there truly any evidence, 
which I do not believe that there is, that these laws are not 
being properly reviewed by the Department of Justice? And if 
they aren't, creating another office is not going to guarantee 
that they will be.
    If, in fact, Members on the other side believe there is 
evidence that establishes that the Department of Justice and 
the Attorney General are not properly enforcing these laws, 
then there are remedies that they can use through the 
legislative process, through the oversight process, to ensure 
that that happens. But simply creating another office is not 
going to do anything to get at the heart of the matter in this 
or other cases. And I do not believe that we need an additional 
bureaucracy, an additional office, additional money, additional 
bureaucrats, and another Presidential appointment----
    Mr. Weiner. Will the gentleman yield?
    Mr. Barr. What?
    Mr. Weiner. Will the gentleman yield?
    Mr. Barr. Oh, sure.
    Mr. Weiner. I take note of the gentleman's point, but very 
little of the gentlewoman's amendment refers to the non-
compliance of laws. It's a director to help administer the 
growing violence against women program. It provides liaison to 
other branches of Government, providing information and advice 
to the Attorney General and the Associate Attorney General. 
Very little of this is about the failure to enforce laws that 
you keep referring to. What it is intended to do is just like 
the COPS office and offices that have been set up to administer 
other programs and deal with specialties within the agency.
    I mean, unlike some areas of the law, there are specific 
crimes that are crimes against women. For example, one of the 
index crimes, rape, is simply a crime--it's a crime that's done 
to women. And so I think the objective here is to take the 
focus that we in this Congress in a bipartisan sense have 
brought to violence against women and sought to have an office 
that had some jurisdiction over it. I don't think it's about 
non-compliance with laws that----
    Mr. Barr. Reclaiming my time, then to me there is 
absolutely no reason to have it. I mean, I thought if the other 
side was making the point that these laws are not being 
properly enforced and they were going to present evidence to 
that effect, then at least some colorable argument could be 
made as to why we might need an additional office. But if it's 
simply----
    Ms. Baldwin. Would the gentleman yield?
    Mr. Barr.--to have an additional office to have another 
office----
    Ms. Baldwin. Would the gentleman yield?
    Mr. Barr.--then I really don't think that there's any point 
to it.
    Ms. Baldwin. Would the gentleman yield?
    Mr. Barr. There are all sorts of specific categories of 
crimes that fall generally under the authority and the 
jurisdiction of the Department of Justice. We don't need a 
separate office for every separate category of type of person 
for whom Federal laws are designed to protect. I mean----
    Ms. Baldwin. Would the gentleman yield?
    Mr. Barr.--if we did that, we'd have--we'd have a thousand 
different offices, I suppose, over there. I'd be happy to 
yield.
    Ms. Baldwin. I want to clarify this is not the creation of 
a new office. The office exists. But it exists by virtue of 
administrative order, not by statute. So the intent is not to 
create any new bureaucracy or hire any new people. The office 
exists. It is to give it the stability of the force of statute 
behind it, because from all of our perspectives, I don't think 
we're going to see the disappearance, unfortunately, of sexual 
assault and domestic violence overnight, and we need some 
continuity and stability under this office. But there's no 
bureaucracy that is new, that is being created through this 
amendment, and I thank the Members on the other side of the 
aisle on this Committee who have cosponsored legislation to 
make this permanent.
    Mr. Barr. I would reclaim my time and simply state that 
if--whenever you create a new Presidential appointment, there 
will be additional people. The office will grow, and it is 
naive to think that there are not going to be additional 
expenses, additional people, additional bureaucracy, additional 
bureaucrats, when you raise an office to the level of a 
Presidential appointment. We have more than enough of those as 
it is.
    I would yield back and urge our colleagues to, again, look 
beyond the PR and vote against this amendment.
    Chairman Sensenbrenner. The gentleman's time has expired. 
Without objection, the gentleman from Michigan may place 
extraneous material in the record at this point.
    [The information follows:]
Prepared Statement of the Honorable John Conyers, Jr., a Representative 
                 in Congress From the State of Michigan
    I strongly support the amendment offered by Ms. Baldwin to 
statutorily authorize the Violence Against Women Office (``VAWO'') 
within the Department of Justice.
    The Clinton Administration created the Violence Against Women 
Office in 1995 to implement programs created by the Violence Against 
Women Act (``VAWA''). By giving the Office statutory authorization, 
this Amendment would give VAWO both stability and continuity.
    Currently, VAWO administers grants to states, tribes, local 
communities, and domestic violence service providers to help transform 
the way in which civil and criminal justice systems respond to violent 
crimes against women.
    In addition, the Office has served as a powerful voice within the 
Administration, ensuring that the safety of women and children is a top 
priority for the federal government.
    VAWO is staffed by specialists who are trained to address the 
specific needs of domestic violence victims. We must ensure that DOJ 
retains this expertise, so that the VAWA programs that we authorized 
last year continue to work in the most effective manner.
    Giving VAWO a statutory authorization also ensures that all 
Administrations continue to fully implement the Violence Against Women 
Act--in terms of funding, policy, programs, and public education 
initiatives.
    I urge my colleagues to support this important amendment, which 
protects the important work that is done in the Violence Against Women 
Office.

    Chairman Sensenbrenner. The question is on the amendment 
offered by the gentlewoman from Wisconsin, Ms. Baldwin. Those 
in favor will say aye. Opposed, no. The noes appear to have 
it----
    Ms. Baldwin. rollcall, Mr. Chairman.
    Chairman Sensenbrenner. The rollcall is ordered. The 
question is on the Baldwin amendment. Those in favor will, as 
your names are called, answer aye; those opposed, no; and the 
clerk will call the roll.
    The Clerk. Mr. Hyde?
    [No response.]
    The Clerk. Mr. Gekas?
    [No response.]
    The Clerk. Mr. Coble?
    [No response.]
    The Clerk. Mr. Smith?
    [No response.]
    The Clerk. Mr. Gallegly?
    [No response.]
    The Clerk. Mr. Goodlatte?
    [No response.]
    The Clerk. Mr. Chabot?
    Mr. Chabot. Aye.
    The Clerk. Mr. Chabot, aye. Mr. Barr?
    Mr. Barr. No.
    The Clerk. Mr. Barr, no. Mr. Jenkins?
    Mr. Jenkins. No.
    The Clerk. Mr. Jenkins, no. Mr. Hutchinson?
    [No response.]
    The Clerk. Mr. Cannon?
    Mr. Cannon. No.
    The Clerk. Mr. Cannon, no. Mr. Graham?
    [No response.]
    The Clerk. Mr. Bachus?
    [No response.]
    The Clerk. Mr. Scarborough?
    [No response.]
    The Clerk. Mr. Hostettler?
    Mr. Hostettler. No.
    The Clerk. Mr. Hostettler, no. Mr. Green?
    [No response.]
    The Clerk. Mr. Keller?
    Mr. Keller. No.
    The Clerk. Mr. Keller, no. Mr. Issa?
    Mr. Issa. No.
    The Clerk. Mr. Issa, no. Ms. Hart?
    [No response.]
    The Clerk. Mr. Flake?
    Mr. Flake. No.
    The Clerk. Mr. Flake, no. Mr. Conyers?
    Mr. Conyers. Aye.
    The Clerk. Mr. Conyers, aye. Mr. Frank?
    [No response.]
    The Clerk. Mr. Berman?
    Mr. Berman. Aye.
    The Clerk. Mr. Berman, aye. Mr. Boucher?
    [No response.]
    The Clerk. Mr. Nadler?
    [No response.]
    The Clerk. Mr. Scott?
    Mr. Scott. Aye.
    The Clerk. Mr. Scott, aye. Mr. Watt?
    Mr. Watt. Aye.
    The Clerk. Mr. Watt, aye. Ms. Lofgren?
    Ms. Lofgren. Aye.
    The Clerk. Ms. Lofgren, aye. Ms. Jackson Lee?
    [No response.]
    The Clerk. Ms. Waters?
    Ms. Waters. Aye.
    The Clerk. Ms. Waters, aye. Mr. Meehan?
    [No response.]
    The Clerk. Mr. Delahunt?
    [No response.]
    The Clerk. Mr. Wexler?
    [No response.]
    The Clerk. Ms. Baldwin?
    Ms. Baldwin. Aye.
    The Clerk. Ms. Baldwin, aye. Mr. Weiner?
    Mr. Weiner. Aye.
    The Clerk. Mr. Weiner, aye. Mr. Schiff?
    [No response.]
    The Clerk. Mr. Chairman?
    Chairman Sensenbrenner. Aye.
    The Clerk. Mr. Chairman, aye.
    Chairman Sensenbrenner. Additional Members in the room who 
wish to cast or change their vote? The gentleman from North 
Carolina, Mr. Coble?
    Mr. Coble. No.
    The Clerk. Mr. Coble, no.
    Chairman Sensenbrenner. The gentleman from Pennsylvania, 
Mr. Gekas?
    Mr. Gekas. No.
    The Clerk. Mr. Gekas, no.
    Chairman Sensenbrenner. The gentleman from South Carolina, 
Mr. Graham?
    Mr. Graham. Aye.
    The Clerk. Mr. Graham, aye.
    Chairman Sensenbrenner. The gentleman from Arkansas, Mr. 
Hutchinson?
    Mr. Hutchinson. Aye.
    The Clerk. Mr. Hutchinson, aye.
    Chairman Sensenbrenner. The gentlewoman from Pennsylvania, 
Ms. Hart?
    Ms. Hart. Aye.
    The Clerk. Ms. Hart, aye.
    Chairman Sensenbrenner. Anybody else who wishes to cast or 
change their vote. If not, the clerk----
    Mr. Issa. Mr. Chairman, I want to be recorded as an aye. 
Issa as an aye.
    Chairman Sensenbrenner. Off no, on aye for Issa.
    The Clerk. Mr. Issa, aye.
    Chairman Sensenbrenner. The clerk will report.
    The Clerk. Mr. Chairman, there are 14 ayes and 8 noes.
    Chairman Sensenbrenner. And the amendment is agreed to.
    Mr. Goodlatte. Mr. Chairman, before you call it?
    Chairman Sensenbrenner. Yes? Does the gentleman from 
Virginia wish to be recorded as tardy or voting?
    Mr. Goodlatte. Mr. Chairman, I vote no.
    Chairman Sensenbrenner. No for the gentleman from Virginia.
    The Clerk. Mr. Goodlatte, no.
    Chairman Sensenbrenner. The gentleman from California, Mr. 
Gallegly? Mr. Gallegly?
    Mr. Gallegly. Aye.
    The Clerk. Mr. Gallegly, aye.
    Chairman Sensenbrenner. Anybody else? Have you found 
additional Members, gentleman from Virginia? Okay. The clerk 
will report.
    The Clerk. Mr. Chairman, there are 15 ayes and 9 noes.
    Chairman Sensenbrenner. And the amendment is agreed to a 
second time.
    Are there further amendments?
    Mr. Barr. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Georgia, Mr. 
Barr?
    Mr. Barr. Thank you, Mr. Chairman.
    Mr. Chairman, I have an amendment at the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 2215, offered by Mr. Barr. 
Page 8, after line 11, insert the following and make----
    Mr. Barr. I ask for unanimous consent that the amendment be 
considered as read.
    Chairman Sensenbrenner. Without objection, so ordered, and 
the gentleman is recognized for 5 minutes.
    [The amendment follows:]
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    Mr. Barr. Mr. Chairman, I do not intend to press this 
amendment. I do believe it is important to note on the record 
the concern that many of us, and now apparently judging from 
recent press reports, including in today's printed media, 
concern over the burgeoning cost of the Government pursuing the 
so-called tobacco litigation.
    As the Chairman knows, in 1999, the U.S. Government through 
the Department of Justice brought an action against certain 
cigarette manufacturers to recover health care expenses paid by 
the Federal Government under the Medicare Medical Care Recovery 
Act and the Medicare secondary payment provisions of the Social 
Security Act for various tobacco-related illnesses alleged to 
have been caused by the defendant's products. In addition, the 
U.S. sought disgorgement under the RICO Act.
    In response to a question I posed to Attorney General 
Ashcroft at our oversight hearing recently, the Justice 
Department acknowledged it was planning to spend over $23 
million in the pursuit of this litigation just in this fiscal 
year alone. Some have estimated the annual cost of funding this 
questionable litigation could range as high as $57 million.
    Perhaps even more important, Mr. Chairman, than the cost to 
the taxpayers is the problematic precedent this litigation 
represents. We should not allow our legal system, especially 
under the auspices of the Justice Department, to be abused for 
political agendas. The Supreme Court has repeatedly ruled that 
the Government cannot force private companies to pay for 
medical costs unless Congress has expressly authorized it. From 
my perspective, this is not the type of litigation that 
taxpayers should be funding.
    I had anticipated offering this amendment that would 
effectively have terminated funding for the conduct of this 
litigation. However, as noted in press reports and based on 
communications I have had directly from the Department of 
Justice, they indicate that the Attorney General has authorized 
movement in that direction of ceasing this litigation, which 
would make such an amendment unnecessary. I do, however, Mr. 
Chairman, believe that language should be included in the 
Committee report, recognizing the problems that I have referred 
to, and encouraging the Department of Justice to continue 
efforts to terminate this misguided and costly litigation.
    I ask unanimous consent to withdraw the amendment.
    Chairman Sensenbrenner. The amendment is withdrawn.
    Further amendments? The gentleman from Virginia, Mr. Scott?
    Mr. Scott. Mr. Chairman, I have an amendment at the desk, 
amendment number 1 offered by Mr. Scott and Mr. Watt.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 2215, offered by Mr. Scott and 
Mr. Watt. Page 3, line 19, strike ``and.'' Page 3, line 21, 
strike the period at the end and insert paren, semi-colon, and, 
end paren. Page 3, after line 21, insert the following: ``(C), 
within parens, not less than $100,000,000 for civil rights 
matters.''
    [The amendment follows:]
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    Chairman Sensenbrenner. The gentleman from Virginia is 
recognized for 5 minutes.
    Mr. Scott. Thank you, Mr. Chairman. I'm offering this 
amendment to set a minimum amount that must be allocated for 
enforcement of civil rights laws by the Department of Justice. 
I believe that it is necessary to do so in order to ensure that 
the Department of Justice continues to enforce this Nation's 
civil rights laws and has the adequate financial support so to 
do.
    My amendment does not limit the amount to be spent on civil 
rights enforcement other than to say that no less than $100 
million must be devoted to this purpose. Now, the $100 million 
figure is roughly comparable to the FY 2002 budget request of 
slightly more than $100 million the President--for, quote, 
civil rights matters under the general legal activities line 
item. All we are asking then is to honor our commitment to 
civil rights enforcement and to set a minimum amount that can 
be spent on these efforts to ensure that that commitment will 
be kept.
    I hope that the Members will support the amendment, and I 
yield----
    Chairman Sensenbrenner. Will the gentleman yield?
    Mr. Scott. I yield.
    Chairman Sensenbrenner. I would ask the gentleman to 
withdraw the amendment and to work with us as this bill 
proceeds to the floor. The Justice Department has indicated 
that this type of an amendment may actually hurt the Civil 
Rights Division, and in the appropriations process and what OMB 
has to sign off on which would end up depriving the Civil 
Rights Division of additional resources.
    I will be the first to admit that I do not quite understand 
their logic, and--but I would like to have them explain to all 
of us in another forum why they think this would hurt the 
amount of money that would go to the Civil Rights Division. If 
their explanation is not adequate, I can give the gentleman 
from Virginia my commitment that I would support an amendment 
of this type when the bill comes to the floor. But I would just 
as soon give the Justice Department a chance to speak their 
piece to us and our staffs and would request that the amendment 
be withdrawn.
    Mr. Scott. Mr. Chairman, I usually like for people to have 
significant time to study the amendment. Obviously they have 
had insufficient time, and I would comply with that request and 
withdraw the amendment.
    Chairman Sensenbrenner. The amendment is withdrawn.
    Are there further amendments?
    Mr. Flake. Mr. Chairman?
    Chairman Sensenbrenner. For what purpose does the gentleman 
from Arizona, Mr. Flake, seek recognition?
    Mr. Flake. I move to reconsider the vote on the amendment 
to H.R. 2215 offered by Mr. Weiner.
    Chairman Sensenbrenner. Under rule 19, clause 3 of the 
Rules of the House, any Member may move to reconsider a voice 
vote. So the question is: Shall the vote by which the Weiner 
amendment relative to the COPS program be reconsidered? Those 
in favor will signify by saying aye. Opposed, no? The noes 
appear to have it.
    Mr. Flake. I call for a rollcall vote.
    Chairman Sensenbrenner. The rollcall will be ordered. The 
question is reconsideration of the vote by which the Weiner 
amendment on the COPS program was adopted. Those in favor of 
reconsideration will, as your names are called, answer aye; 
those opposed, no; and the clerk will call the roll.
    The Clerk. Mr. Hyde?
    [No response.]
    The Clerk. Mr. Gekas?
    Mr. Gekas. Aye.
    The Clerk. Mr. Gekas, aye. Mr. Coble?
    [No response.]
    The Clerk. Mr. Smith?
    [No response.]
    The Clerk. Mr. Gallegly?
    Mr. Gallegly. Aye.
    The Clerk. Mr. Gallegly, aye. Mr. Goodlatte?
    Mr. Goodlatte. Aye.
    The Clerk. Mr. Goodlatte, aye. Mr. Chabot?
    Mr. Chabot. Aye.
    The Clerk. Mr. Chabot, aye. Mr. Barr?
    Mr. Barr. Pass.
    The Clerk. Mr. Barr, pass. Mr. Jenkins?
    Mr. Jenkins. Aye.
    The Clerk. Mr. Jenkins, aye. Mr. Hutchinson?
    Mr. Hutchinson. Aye.
    The Clerk. Mr. Hutchinson, aye. Mr. Cannon?
    Mr. Cannon. Aye.
    The Clerk. Mr. Cannon, aye. Mr. Graham?
    [No response.]
    The Clerk. Mr. Bachus?
    [No response.]
    The Clerk. Mr. Scarborough?
    [No response.]
    The Clerk. Mr. Hostettler?
    Mr. Hostettler. Aye.
    The Clerk. Mr. Hostettler, aye. Mr. Green?
    [No response.]
    The Clerk. Mr. Keller?
    Mr. Keller. No.
    The Clerk. Mr. Keller, no. Mr. Issa?
    Mr. Issa. Pass.
    The Clerk. Mr. Issa, pass. Ms. Hart?
    Ms. Hart. Aye.
    The Clerk. Ms. Hart, aye. Mr. Flake?
    Mr. Flake. Aye.
    The Clerk. Mr. Flake, aye. Mr. Conyers?
    [No response.]
    The Clerk. Mr. Frank?
    [No response.]
    The Clerk. Mr. Berman?
    [No response.]
    The Clerk. Mr. Boucher?
    [No response.]
    The Clerk. Mr. Nadler?
    [No response.]
    The Clerk. Mr. Scott?
    Mr. Scott. No.
    The Clerk. Mr. Scott, no. Mr. Watt?
    Mr. Watt. No.
    The Clerk. Mr. Watt, no. Ms. Lofgren?
    Ms. Lofgren. No.
    The Clerk. Ms. Lofgren, no. Ms. Jackson Lee?
    [No response.]
    The Clerk. Ms. Waters?
    Ms. Waters. No.
    The Clerk. Ms. Waters, no. Mr. Meehan?
    [No response.]
    The Clerk. Mr. Delahunt?
    [No response.]
    The Clerk. Mr. Wexler?
    [No response.]
    The Clerk. Ms. Baldwin?
    Ms. Baldwin. No.
    The Clerk. Ms. Baldwin, no. Mr. Weiner?
    [No response.]
    The Clerk. Mr. Schiff?
    [No response.]
    The Clerk. Mr. Chairman?
    Chairman Sensenbrenner. Aye.
    The Clerk. Mr. Chairman, aye.
    Chairman Sensenbrenner. Are there additional Members in the 
chamber who wish to cast or change their votes? The gentleman 
from North Carolina, Mr. Coble?
    Mr. Coble. Aye.
    The Clerk. Mr. Coble, aye.
    Chairman Sensenbrenner. The gentleman from Texas, Mr. 
Smith?
    Mr. Smith. Mr. Chairman, I vote aye.
    The Clerk. Mr. Smith, aye.
    Chairman Sensenbrenner. The gentleman from South Carolina, 
Mr. Graham?
    Mr. Graham. Aye.
    The Clerk. Mr. Graham, aye.
    Chairman Sensenbrenner. The gentleman from Georgia, Mr. 
Barr?
    Mr. Barr. Aye.
    The Clerk. Mr. Barr, aye.
    Chairman Sensenbrenner. The gentleman from California, Mr. 
Issa?
    Mr. Issa. Aye.
    The Clerk. Mr. Issa, aye.
    Chairman Sensenbrenner. The other gentleman from 
California, Mr. Berman?
    Mr. Berman. No.
    The Clerk. Mr. Berman, no.
    Chairman Sensenbrenner. Anybody else who wishes to record 
or to change their votes? If not, the clerk will report.
    The Clerk. Mr. Chairman, there are 16 ayes and 7 noes.
    Chairman Sensenbrenner. And the motion to reconsider the 
vote by which the Weiner amendment was agreed to is agreed to. 
The question now is agreeing to the Weiner amendment. Those in 
favor will signify by saying aye. Oppose, no? The noes appear 
to have it. The noes have it and the Weiner amendment is not 
agreed to.
    Are there further amendments to the bill? The gentleman 
from--okay. A recorded vote is requested agreeing to the Weiner 
amendment. Those in favor of the Weiner amendment will vote aye 
as your names are called; those opposed, no; and the clerk will 
call the roll.
    The Clerk. Mr. Hyde?
    [No response.]
    The Clerk. Mr. Gekas?
    Mr. Gekas. No.
    The Clerk. Mr. Gekas, no. Mr. Coble?
    [No response.]
    The Clerk. Mr. Smith?
    Mr. Smith. No.
    The Clerk. Mr. Smith, no. Mr. Gallegly?
    Mr. Gallegly. No.
    The Clerk. Mr. Gallegly, no. Mr. Goodlatte?
    Mr. Goodlatte. No.
    The Clerk. Mr. Goodlatte, no. Mr. Chabot?
    Mr. Chabot. No.
    The Clerk. Mr. Chabot, no. Mr. Barr?
    Mr. Barr. No.
    The Clerk. Mr. Barr, no. Mr. Jenkins?
    Mr. Jenkins. No.
    The Clerk. Mr. Jenkins, no. Mr. Hutchinson?
    Mr. Hutchinson. No.
    The Clerk. Mr. Hutchinson, no. Mr. Cannon?
    Mr. Cannon. No.
    The Clerk. Mr. Cannon, no. Mr. Graham?
    [No response.]
    The Clerk. Mr. Bachus?
    [No response.]
    The Clerk. Mr. Scarborough?
    [No response.]
    The Clerk. Mr. Hostettler?
    Mr. Hostettler. No.
    The Clerk. Mr. Hostettler, no. Mr. Green?
    [No response.]
    The Clerk. Mr. Keller?
    Mr. Keller. Yes.
    The Clerk. Mr. Keller, aye. Mr. Issa?
    Mr. Issa. No.
    The Clerk. Mr. Issa, no. Ms. Hart?
    Ms. Hart. No.
    The Clerk. Ms. Hart, no. Mr. Flake?
    Mr. Flake. No.
    The Clerk. Mr. Flake, no. Mr. Conyers?
    Mr. Conyers. Aye.
    The Clerk. Mr. Conyers, aye. Mr. Frank?
    [No response.]
    The Clerk. Mr. Berman?
    Mr. Berman. Aye.
    The Clerk. Mr. Berman, aye. Mr. Boucher?
    [No response.]
    The Clerk. Mr. Nadler?
    [No response.]
    The Clerk. Mr. Scott?
    Mr. Scott. Aye.
    The Clerk. Mr. Scott, aye. Mr. Watt?
    Mr. Watt. Aye.
    The Clerk. Mr. Watt, aye. Ms. Lofgren?
    Ms. Lofgren. Aye.
    The Clerk. Ms. Lofgren, aye. Ms. Jackson Lee?
    [No response.]
    The Clerk. Ms. Waters?
    Ms. Waters. Aye.
    The Clerk. Ms. Waters, aye. Mr. Meehan?
    [No response.]
    The Clerk. Mr. Delahunt?
    [No response.]
    The Clerk. Mr. Wexler?
    [No response.]
    The Clerk. Ms. Baldwin?
    Ms. Baldwin. Aye.
    The Clerk. Ms. Baldwin, aye. Mr. Weiner?
    Mr. Weiner. Aye.
    The Clerk. Mr. Weiner, aye. Mr. Schiff?
    [No response.]
    The Clerk. Mr. Chairman?
    Chairman Sensenbrenner. No.
    The Clerk. Mr. Chairman, no.
    Chairman Sensenbrenner. The gentleman from North Carolina, 
Mr. Coble?
    Mr. Coble. No.
    The Clerk. Mr. Coble, no.
    Chairman Sensenbrenner. The gentleman from South Carolina, 
Mr. Graham?
    Mr. Graham. No.
    The Clerk. Mr. Graham, no.
    Chairman Sensenbrenner. Any further Members in the chamber 
who wish to cast or to change their votes? If not, the clerk 
will report.
    The Clerk. Mr. Chairman, there are 9 yeas to 16 noes.
    Chairman Sensenbrenner. And the amendment is not agreed to.
    Are there further amendments to the bill? The gentleman 
from New York, Mr. Weiner?
    Mr. Weiner. Mr. Chairman, I have an amendment that will 
soon be at the desk.
    Mr. Goodlatte. Mr. Chairman, I reserve a point of order.
    Chairman Sensenbrenner. A point of order is reserved by the 
gentleman from Virginia, and the clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 2215, offered by Mr. Weiner. 
Please strike all after the enacting clause.
    [The amendment follows:]
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    Chairman Sensenbrenner. That is a preferential motion. All 
those in favor say aye. Opposed, no? The noes appear to have 
it. The noes have it, and the preferential motion is rejected.
    Are there further amendments? The gentleman from New York, 
Mr. Weiner?
    Mr. Weiner. Mr. Chairman, I have an amendment at the desk.
    Mr. Goodlatte. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Virginia?
    Mr. Goodlatte. Mr. Chairman, I reserve a point of order.
    Chairman Sensenbrenner. A point of order is reserved. The 
clerk will report the amendment.
    The Clerk. Amendment to H.R. 2215, offered by Mr. Weiner. 
Strike all after the enacting clause.
    [The amendment follows:]
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    Chairman Sensenbrenner. The gentleman from Virginia wish to 
press his point of order?
    Mr. Goodlatte. Mr. Chairman, the gentleman from New York is 
attempting to amend the same section twice, and this amendment 
has already been defeated.
    Chairman Sensenbrenner. The point of order is sustained, 
and----
    Mr. Weiner. Mr. Chairman, a point of order.
    Chairman Sensenbrenner. The gentleman will state his point 
of order.
    Mr. Weiner. I heard on the point of order that was made----
    Chairman Sensenbrenner. The Chair has already sustained the 
point of order. That's quite clear.
    Are there further amendments to the bill?
    Mr. Weiner. Mr. Chairman, I have an amendment at the desk.
    Mr. Goodlatte. Mr. Chairman, I reserve a point of order.
    Chairman Sensenbrenner. A point of order is reserved. The 
clerk will report the amendment.
    The Clerk. Amendment to H.R. 2215, offered by Mr. Weiner. 
Delete all after page 8, line 11.
    [The amendment follows:]
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    Mr. Weiner. Is there a page 8, line 11?
    Chairman Sensenbrenner. Okay. The gentleman is recognized 
for 5 minutes.
    Mr. Weiner. Mr. Chairman, I ask for consideration of this 
amendment to express my chagrin at what had been----
    Mr. Barr. Mr. Chairman, a point of order. I don't think we 
have this amendment.
    Chairman Sensenbrenner. The clerk has read the amendment in 
its entirety, which is to strike everything in the bill after 
line 11 at page 8.
    Mr. Barr. But we don't have copies of it to----
    Chairman Sensenbrenner. You don't need a copy. The rules 
don't provide copies if the reading is completed by the clerk. 
The clerk has read the entire amendment, and the Chair has 
reset the clock, and the gentleman from New York is recognized 
for 5 minutes.
    Mr. Weiner. Thank you, Mr. Chairman.
    Mr. Chairman, I asked for recognition on this amendment and 
the other 71 that I plan to offer to express my concern and 
chagrin at the way the debate over the reauthorization of the 
COPS program was handled by this Committee. I think that in an 
effort to be on all sides of this issue, some of my colleagues 
have now voted in favor of it and voted against it, and who 
knows, maybe when given an opportunity in the future, will 
change their positions again.
    That being said, there is--we had an opportunity under 
which I believe the amendment was debated, people had an 
opportunity to say their piece, and we generally had a rule of 
accommodation in this Committee that things that are considered 
are left considered. Not only was that not the case with the 
amendment to reauthorize the COPS program, a position that 
Candidate Bush took, a position that Candidate Ashcroft took, 
and a position that many in this chamber on both sides of the 
aisle have taken.
    Rather than have a full and complete debate with all of the 
participants in the room, there was an effort to undo a 
previous vote without much debate, without much discussion, and 
without the sponsor of the amendment in the room. So since--
since I had in the interest of time given only the briefest of 
remarks in support of the amendment, permit me now and for the 
duration of the other--70 or 71?--71 amendments speak to the 
importance that I believe this issue holds, and I believe it is 
a very important issue.
    First of all, the COPS program is an extraordinarily 
important program. It has helped people from and police 
departments from all around this country. This isn't a big-city 
program. It's not a small-town program. It is the classic 
democratic with a small ``d'' program. It has helped agencies 
all around the country.
    In fact, 82 percent of the grants have gone to towns and 
cities with populations of less than 50,000. More than 12,000 
of the Nation's 18,000 law enforcement jurisdictions have hired 
new police through the COPS program. And this is not simply a 
Democratic program. Many Republican sponsors, including Mr. 
Keller of this Committee, and when the bill was offered in the 
Senate, it was cosponsored by people as widely divergent in 
their philosophies as Ted Kennedy and then-Senator Ashcroft.
    Unfortunately, the program this year is not only not going 
to be fully funded, the proposal is to cut the COPS program by 
more than $182 million. And the guts of the program will be cut 
by not permitting police jurisdictions to use funds to retain 
and to hire additional police officers as they see fit.
    There are other elements of the COPS program that are being 
eliminated as a result of these cuts. For example, the program 
that permits police departments to take COPS out from behind 
desks and put them out on the street, put them out on the beat, 
something we all talk about. That provision of the law, which 
was part of a 3-year grant program, has been stopped after the 
second--after the second year.
    The COPS program that I'm offering as reauthorization with 
so many of my colleagues' cosponsorship and hopefully with the 
support of this Committee would reauthorize the program at a 
level of $1.15 billion beginning in FY 2002. Specifically, it 
would authorize $600 million to hire new police and retrain 
current officers. And as importantly, it provides the 
flexibility that so many police departments have said that they 
wanted. If hiring more officers is not exactly what the needs 
of your department are, then you have the ability to back-
fill--to back-fill other officers. If you need technology, if 
you need computer terminals in the cars, if you need radios, if 
you need help with your evidence collection, if you need help 
with just about any element of policing, the reauthorized 
version of the bill does it.
    Those provisions are in the new version because there were 
concerns that were raised by my colleagues on the other side of 
the aisle and raised by some police departments. We listened to 
those concerns. We incorporated them into the bill, and we 
passed it in this Committee less than 45 minutes ago. And I 
think that it is incumbent upon all of us to take this issue a 
great deal more seriously.
    And on a personal note, I have to say that I have the 
greatest admiration for the way the Chairman has run this 
Committee. I believe this bill was crafted in a way that was 
fair to both sides of the aisle and to individual Members. In 
every effort, he has been accommodating to try to win us 
jurisdiction over these important issues and see to it that 
when that jurisdiction is won it is carried out. And I want to 
express my great gratitude to him.
    However, the idea of passing an amendment waiting for the 
room to clear of the sponsor of the amendment and so many of 
the supporters of the amendment, to ask for a reconsideration 
of the amendment when there was no opposition stated during the 
original debate is not something I believe the Chairman----
    Chairman Sensenbrenner. The gentleman's time has expired.
    Mr. Weiner.--the Chairman or the colleagues on the other 
side----
    Chairman Sensenbrenner. The gentleman's time has expired.
    Mr. Weiner.--should be proud of.
    Chairman Sensenbrenner. The Chair will recognize himself 
for 5 minutes.
    First, there was a deliberate policy decision that was made 
on a bipartisan basis not to contain--or not to put any 
authorization for grant programs in this bill, irrespective of 
what those grant programs were, because it was decided that the 
grant programs have not had proper oversight, and if we 
reauthorize the grant programs, whether it's the COPS program 
or any of the other grant programs, we would not have the 
opportunity to do as effective oversight over the programs as 
we could have without an authorization. So the COPS program was 
not singled out. In fact it was on a bipartisan basis that we 
agreed not to do reauthorizations of grant programs in this 
bill, but to deal with it in individual and separate 
legislation.
    Now, secondly, the Chair has been scrupulous in following 
the rules. At the time the motion for reconsideration was made 
by the gentleman from Arizona, Mr. Flake, the Chair referred to 
House rule 19, clause 3, which allows a motion to reconsider an 
amendment to be made any time during the markup by a Member on 
the prevailing side of the vote. And when there's a voice vote, 
any Member may move to reconsider a voice vote.
    So there was no particular prejudice against the gentleman 
from New York at the time the gentleman from Arizona made his 
motion to reconsider. I would point out that the motion to 
reconsider is debatable, and should the motion to reconsider be 
approved, which it was, then the underlying amendment was 
debatable. And no Member chose to debate either of those 
motions.
    Should the gentleman from New York or any other Members 
wish to leave the room during a markup, they do so at their 
peril because all the Chair can do is to enforce the rules as 
they have been approved by the House and approved by the 
Committee. And the motion that was made by the gentleman from 
Arizona was entirely regular and in conformity with the rules 
on its face, and there was no debate to slow things down either 
on the motion to reconsider or on the motion to adopt.
    Mr. Weiner. Would the gentleman yield on that point?
    Chairman Sensenbrenner. I am happy to yield to the 
gentleman from New York.
    Mr. Weiner. Mr. Chairman, I think the procedural objection 
I was making was purely one about our mutual effort, at least 
your and my mutual effort to accommodate the amendments in a 
way that we can reach agreement on as many things as possible 
and deal with things in an aboveboard fashion. I believe 
waiting--passing an amendment by voice vote, waiting for the 
sponsor to leave the room, is opposite of that and it leads to 
mistrust between Members who believe they're entering into 
good-faith understandings.
    Chairman Sensenbrenner. Reclaiming my time, we were just 
about to the end of the amendment process, and once we go to 
adopting an amendment in the nature of a substitute, that 
precludes any Members from making a motion to reconsider that 
is properly made under rule 19, clause 3. You know, so, again, 
adopting what the gentleman from New York is advocating, it 
would have cut off the rights of the gentleman from Arizona to 
make an entirely proper motion. So----
    Mr. Flake. Would the gentleman yield? Would the gentleman 
yield?
    Chairman Sensenbrenner. I yield.
    Mr. Flake. I offered the motion. I made no attempt to wait 
until people cleared out of the room. I offered it as quickly 
as I could get agreement that it could be offered. I made no 
attempt to wait until people left the room.
    Chairman Sensenbrenner. The Chair yields back the balance 
of his time.
    The question is on----
    Mr. Delahunt. Mr. Chairman?
    Chairman Sensenbrenner. For what purpose does the gentleman 
from Massachusetts seek recognition?
    Mr. Delahunt. Move to strike the last word.
    Chairman Sensenbrenner. The gentleman's recognized for 5 
minutes.
    Mr. Delahunt. I yield to the gentleman from New York, Mr. 
Weiner.
    Mr. Weiner. Mr. Chairman, on the substantive issue about 
whether or not grants were going to be considered in this, 
whether or not we were going to be considered funding levels, 
you know, I have in my hand a flow chart of the Department of 
Justice with the highlighted boxes being the ones that are 
appropriated or are authorized under this. And included in it 
is the Office of Justice Programs, which administers about 75 
percent of the COPS program. The Office of Inspector General, 
the general legal activities, Antitrust Division, U.S. 
Attorneys, Federal Bureau of Investigation, support for the 
States prisons and non-Federal institutions, Drug Enforcement 
Administration.
    We are parsing to the nth degree to say, well, we're not 
going to do grants but we're going to do money, we're not going 
to do the agency but we're going to do divisions, we're not 
going to do departments but we're going to do secretaries. The 
fact of the matter is the amendment was considered and people 
are on record of being in favor of the amendment.
    As far as the procedural effort, it is not whether or not 
someone has a right to offer an amendment. It's there's a 
certain common decency that goes with allowing for full debate 
of issues.
    Now, I voluntarily, in the interest of time and dealing 
with this bill in an expeditious fashion, if you recall, 
reduced my debate on this issue to about 35 seconds, simply 
saying it's an amendment that is self-explanatory to 
reauthorize the COPS program.
    I heard, as we say in Brooklyn, bupkis from the other side. 
Suddenly I leave the room and, miraculously, the gentleman from 
Arizona pops into his head that now is a good time to offer 
this amendment, changing his position theoretically, although 
he did not vote no the first time around, raising the question 
about whether he was in--where he was on the----
    Mr. Flake. Would the gentleman yield?
    Mr. Weiner.--of the bill. Well, let me finish. I'm just--
you're going to have 71 other amendments. You'll have plenty of 
chances to get your point across.
    And I think that what happens here is, even on issues that 
we disagree on a great deal--and I have to tell you, I was 
prepared to have disagreements on the COPS program. I was 
prepared to debate the COPS program. I was prepared to point to 
areas of Arizona that have benefited from the COPS program. I 
was prepared to point to letters from people who voted no on 
this thing saying how great the COPS program is, like the 
gentleman from Georgia. I am prepared to have that debate. What 
I am not--which in my heart of hearts don't believe is a 
constructive way to run this Committee, is to have a certain 
level of comity, not comedy, comity in dealing with some of 
these issues, having the Chairman and his staff bend over 
backwards to be accommodating to requests from both sides, 
saying this one is going to give us problems, this one not. If 
you can go for this one, maybe we'll leave this one out. This 
one we're going to have problems with. This one we're going to 
have germaneness issues on. Have that type of debate, have the 
thing offered, have it considered, have it pass, have the 
sponsor leave the room, and then suddenly those agreements are 
thrown out the window.
    This is not directed at the Chairman of the Committee. 
However, I can tell you what it does is it undermines the sense 
of confidence that when we have understandings about the way 
things are going to operate that they are not going to be 
adhered to. And that goes for both sides of the aisle, and it 
goes for all levels--the top tier and bottom tier of these 
meshuggeneh tables here.
    The point is the same, is that there is a way of 
proceeding, and I don't believe that that way of proceeding was 
done in a constructive fashion. And you're saying, oh, I just--
it was no effort to do it while you weren't in the room.
    Ms. Hart. Will the gentleman yield?
    Mr. Weiner. That was a dramatic pause, but, yes, I will 
yield.
    [Laughter.]
    Ms. Hart. Thank you, just momentarily. I requested an 
opportunity to vote on this amendment as I was out of the room 
when the voice vote was taken and wanted the opportunity to 
vote on this amendment. I discussed it with my colleague for 
your information and asked if we could do a procedure such as 
reconsidering the vote, something I was familiar with as a 
State legislator. No harm was intended, no ill was intended. In 
fact, I was not aware you were out of the room when I requested 
that we reconsider. Mr. Flake asked the question for me. This 
proceeded to give us an opportunity to vote.
    I believe it was an opportunity for us actually to have 
everyone have a recorded vote on this issue. I believe that we 
agree a lot on COPS, the COPS program to some degree. However, 
a lot of us were concerned about the large----
    Mr. Weiner. Okay, let me--I only have a few minutes.
    Ms. Hart. I yield back.
    Mr. Weiner. Okay. I think that the best way to accommodate 
all of these concerns is to have recorded votes on everything, 
for the motions on third reading, for the motions on 
engrossment, for the motions on whether we're going to have 
bills accepted as read. On every unanimous consent request 
perhaps what we should do is have a voice vote on it. I don't 
think that that's a way to run the way--to run this Committee 
the way the Chairman would--would like to run it. And if that 
is truly the interest of the gentlelady--and I respect her and 
I believe that it is--I request unanimous consent that we 
postpone further consideration of the bill until we can have 
another vote on the COPS amendment with all of my colleagues 
present.
    Chairman Sensenbrenner. Is there objection?
    Mr. Flake. I object.
    Chairman Sensenbrenner. Objection is heard.
    Mr. Weiner. As I thought. As I thought. You know, when the 
rubber hits the road, oh, yeah, I'm really sorry, oops, I 
forgot you weren't in the room, I----
    Chairman Sensenbrenner. The time of the gentleman from----
    Mr. Weiner.--just noticed what was going on. The fact----
    Chairman Sensenbrenner.--Massachusetts has----
    Mr. Weiner.--of the matter is the proof is in the pudding. 
You had an opportunity----
    Chairman Sensenbrenner.--expired. For what purpose does----
    Mr. Weiner.--and you chose not to.
    Chairman Sensenbrenner. For what purpose does the gentleman 
from Virginia seek recognition?
    Mr. Goodlatte. I move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Goodlatte. Thank you, Mr. Chairman. I will not use that 
amount of time.
    I'd first like to say to the gentleman from New York that 
I've had amendments that I've offered in this Committee at 
various times, and they have been reconsidered and lost. I have 
great respect for anybody who has the passion the gentleman 
from New York has.
    However, both he and the gentlewoman from Pennsylvania left 
the room at various times during this markup. That happens to 
all of us. And it just happened that with the majority rule, a 
position that the majority of us did not get the opportunity to 
vote on the first time, was voted on later on, and that is 
simply a correct parliamentary procedure.
    I would ask the gentleman if he thinks it is an appropriate 
thing to offer 71 non-meritorious amendments to effectively 
attempt to punish all the Members of the Committee by holding 
us here while we get harangued about his disappointment over--
--
    Mr. Weiner. Would the gentleman yield for an answer to that 
question?
    Mr. Goodlatte. I would yield to the gentleman.
    Mr. Weiner. Well, listen, here's--here's what my intention 
is, here's what my strategy is. And it's a parliamentary 
strategy. I'm going to empty out the room, maybe. Maybe if I 
empty out the room and I then reconsider elements of the bill 
or offer amendments to elements of the bill that I disagree 
with and have throughout this process, parts of the bill, 
provisions, sections, lines, pages that have as a result of 
hard work between Mr. Sensenbrenner and Mr. Conyers, have had 
worked out in a spirit of compromise that I am certainly 
prepared to support in total but have problems with individual 
ones, and then maybe 2, 3 o'clock in the morning maybe it'll be 
just me and Mr. Delahunt and----
    Mr. Goodlatte. Reclaiming my time, I think that's an 
entirely appropriate process, and as a result--and I do not 
like to do this and I do not do it lightly. As a result, I move 
the previous question on the amendment and on the bill.
    Chairman Sensenbrenner. The question is on ordering the 
previous question, a non-debatable motion. Those in favor will 
say aye. Opposed, no. The ayes have it, and the previous 
question is ordered.
    The question is now on the amendment offered by Mr. Weiner 
that strikes out everything after line 11 of page 8 of the 
bill. Those in favor of the Weiner amendment will say aye. 
Opposed, no? The noes appear to have it. The noes have it. The 
Weiner amendment is not agreed to.
    The question now occurs on the motion to report the bill, 
H.R. 2215, favorably as amended. All those in favor will say 
aye. Opposed, no? The ayes have it, and the motion to report 
favorably is adopted. A reporting quorum is present. Without 
objection, the bill will be reported favorably to the House in 
the form of a single amendment in the nature of a substitute, 
incorporating the amendments adopted here today. Without 
objection, the Chairman is authorized to move to go to 
conference pursuant to House rules. Without objection, the 
staff is directed to make technical and conforming changes, and 
all Members will be given 2 days as provided by House rules in 
which to submit additional dissenting, supplemental, or 
minority views.
    Let me thank the Committee for its cooperation. We have 
reported seven bills today. I think we deserve a rest, and the 
Committee is adjourned.
    [Whereupon, at 4:53 p.m., the Committee was adjourned.]
                            Additional Views

    I strongly support the Committee's effort to authorize 
appropriations for the Department of Justice, which, amazingly, 
has not been properly authorized in over 20 years. H.R. 2215 
contains a number of important provisions to help Congress and 
the Administration reform the Federal Bureau of Investigation 
(FBI) and other Justice Department components, including the 
Office of Justice Programs. It also includes an important 
amendment which I offered to require the FBI to report to 
Congress on its use of DCS 1000 (formerly known as 
``Carnivore''), used to obtain e-mail addresses pursuant to 
court order.
    I am concerned, however, over the adoption of the Baldwin 
amendment, which would establish a Violence Against Women 
Office (VAWO) within the Department of Justice to implement the 
Violence Against Women Act (VAWA). It adds yet another layer of 
unnecessary bureaucracy at the Department, adds yet another 
political appointee to that bureaucracy, and prejudges the 
outcome of the pending reorganization of the Office of Justice 
Programs which has been criticized for its unwieldy operations. 
The VAWO would be headed by a presidentially appointed 
director, who would have final authority for all grants, 
cooperative agreements, and contracts awarded by the Office.
    Congress, through the annual appropriations process, has 
signaled its dissatisfaction with the overlap and duplication 
within the Office of Justice Programs (OJP), a 30-year-old 
organization focused on providing support (primarily grants) to 
states and units of local government to improve the nation's 
criminal justice and juvenile justice systems. Beginning with 
FY 1999, OJP was required to submit a series of reports to 
Congress, first detailing the scope of overlap and duplication, 
as well as efforts to remedy the problem, and then a proposal 
and implementation plan on restructuring OJP. In February 2000, 
the Department sent to the Congress a reorganization plan that 
would begin the process of streamlining OJP. This specific plan 
did not address changing the Bureaus currently headed by the 
appointees, nor did it address the proliferation of appointees. 
Instead, the reorganization plan addressed redirecting workflow 
within the program offices and support offices.
    There is currently no Assistant Attorney General for the 
Office of Justice Programs to review the current reorganization 
plans. I believe it is premature to legislatively restructure 
the office before the new administration is able to fully 
assess pending reorganization plans and efforts. This is not 
the time to add yet another office requiring presidential 
appointment within the Department of Justice. If anything, we 
should be considering eliminating, not expanding, these 
political positions.
    The Baldwin amendment is also of concern because it 
establishes yet another grant making organization within the 
Department, thereby creating another costly bureaucracy. 
Instead of taking full advantage of economies of scale and 
utilizing the existing infrastructure for making grants--which 
includes reviewing applications, making payments, and financial 
monitoring--the Baldwin amendment establishes a separate, 
redundant grant-making apparatus. The unintended consequence of 
this change will result in more resources dedicated to 
administrative functions and less programmatic funds available 
for grant programs. Furthermore, many of the state-level 
agencies that receive funding from VAWA, also receive funding 
from OJP's many other bureaus and offices. Coordination is 
difficult now; removing VAWO from OJP would compound the 
problem. Similarly the research and statistics agencies are 
housed in OJP. Coordination problems would only be exacerbated 
by moving VAWO out of OJP. At a minimum, the VAWO should 
utilize the existing DOJ grant financial administration 
services of OJP in carrying out its grant programs.
    Insofar as the Baldwin amendment 1) creates another 
duplicative and unnecessary bureaucracy which will exacerbate 
coordination problems and waste taxpayer dollars; 2) creates an 
unnecessary political appointee; and, 3) prejudges current 
efforts to restructure OJP, I respectfully oppose this 
amendment, and would urge the Attorney General to do likewise.

                                   Bob Barr