[House Report 107-125]
[From the U.S. Government Publishing 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:]
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:]
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:]
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:]
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:]
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:]
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:]
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:]
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:]
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:]
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:]
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:]
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:]
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