DEPARTMENT OF JUSTICE DRAFT BILL - FISCAL YEAR 1990 APPROPRIATION AUTHORIZATION.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP92M00732R001000040047-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 48
• Document Creation Date: December 23, 2016
• Document Release Date: April 15, 2014
• Sequence Number: 47
• Publication Date: March 10, 1989
• Content Type: MEMO

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OFFICE OF CONGRESSIONAL AFFAIRS
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3. DD/Senate Affairs
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7. Admin Officer
8. FOIA Officer
9. Constituent Inquiries
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Remarks:
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Name/Date
STAT
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t-L5
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
March 10, 1989
OCA 0E31-89
STAT
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer:
Department of State - Bronwyn Bachrach (647-4463)
General Services Administration - Al Vicchiolla (523-3956)
Office of Personnel Management - Jim Woodruff (632-5524)
Department of Health & Human Services - Frances White
(245-7760)
Department of the Treasury - Carole Toth (566-8523)
fr-Central Intelligence Agency -
SUBJECT: Department of Justice draft bill - Fiscal Year 1990
Appropriation Authorization.
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
A response to this request for your views is needed no later than
Friday, March 17, 1989.
Questions should be referred to Branden Blum (395-3454), the
legislative attorney in this office.
Enclosures
cc: A. Raul
E. Rea
T. Davis
K. Laborde
aJmes J. s for
sistanE Director for
Legislative Reference
M. Sloan
B. Damus
L. Guzzi
J. Donahue
G. Jones
F. Seidl
H. Schreiber
R. Veeder
STAT
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U.S. Department of Justice
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Office of Legislative Affairs
Office of the Assistant Attorney General Washington, D.C. 20530
Honorable Jim Wright
The Speaker
House of Representatives
Washington, D.C. 20515
Dear Mr. Speaker:
On behalf of the Attorney General, I hereby transmit for the
consideration of the Congress the proposed 1990 Department of
Justice Authorization Act.
The Department's proposed Authorization Act is in four parts.
Title I contains the authorization of appropriations for the
various activities of the Department of Justice. Title II amends
Title 28 of the United States Code and contains permanent spending
authorities that, for the most part, codify existing authorities
applicable to the Department of Justice. Title III contains
additional legislation, including spending authorities not codified
in Title 28, United States Code. Title IV contains provisions
terminating certain grant programs.
The Office of Management and Budget has advised this
Department that enactment of this legislative proposal would be in
accord with the program of the President.
Sincerely,
Thomas M. Boyd
Assistant Attorney General
Enclosure
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U.S. Department of Justice
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Office of Legislative Affairs
Office of the Assistant Attorney General
Honorable Dan Quayle
President of the Senate
United States Senate
Washington, D.C. 20510
Dear Mr. President:
Washington, D.C. 20530
On behalf of the Attorney General, I hereby transmit for the
consideration of the Congress the proposed 1990 Department of
Justice Authorization Act.
The Department's proposed Authorization Act is in four parts.
Title I contains the authorization of appropriations for the
various activities of the Department of Justice. Title II amends
Title 28 of the United States Code and contains permanent spending
authorities that, for the most part, codify existing authorities
applicable to the Department of Justice. Title III contains
additional legislation, including spending authorities not codified
in Title 28, United States Code. Title IV contains provisions
terminating certain grant programs.
The Office of Management and Budget has advised this
Department that enactment of this legislative proposal would be in
accord with the program of the President.
Sincerely,
Thomas M. Boyd
Assistant Attorney General
Enclosure
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A BILL
To authorize appropriations for the purpose of carrying out the activities of the
Department of Justice for fiscal year 1990 and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
That this Act may be cited as the "Department of Justice Appropriation
Authorization Act, Fiscal Year 1990."
TITLE I
1990 Fiscal Year Authorization
SEC. 101 There are authorized to be appropriated for the fiscal year ending September
30, 1990, to carry out the activities of the Department of Justice (including any bureau,
office, board, division, commission, or subdivision thereof) the following sums:
(1) For General Administration, Salaries and Expenses: $99,325,000;
(2) For the Office of Inspector General: $19,433,000;
(3) For the United States Parole Commission: $10,335,000;
(4) For General Legal Activities: $298,567,000; provided that:
(A) not to exceed $80,000 may be transferred from the "Alien Property Funds,
World War II," for the general administrative expenses of alien property activities;
(B) not to exceed $20,000 for expenses necessary in the collection of evidence
may be expended under the direction of the Attorney General and accounted for
solely on the certificate of the Attorney General;
(C) not to exceed $6,000,000 shall remain available until September 30, 1991
for litigation-support contracts;
(D) not to exceed $12,160,000 shall remain available until expended for office
automation systems for legal activities, including legal activities of the Antitrust
Division and the United States Attorneys and the activities of offices funded under
the General Administration, Salaries and Expenses, appropriation; and
(E) not to exceed $5,751,000 shall be available to fund the activities of the
United States National Central Bureau of INTERPOL;
(5) For the Antitrust Division: $47,222,000;
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(6) For the Foreign Claims Settlement Commission: $440,000;
(7) For the United States Attorneys: $470,961,000; and in addition, $5,000,000, which
shall remain available until September 30, 1991, for the purposes of (1) providing training
of personnel of the Department of Justice in debt collection, (2) providing services
pertinent to debt collection, such as title searches, debtor slciptracing, asset searches, credit
reports and other investigations related to locating debtors and their property, and (3)
paying expenses of cost of sales of property not covered by the sale proceeds, such as
auctioneers' fees and expenses, maintenance and protection of property and businesses,
advertising and title search and surveying costs;
(8) For the United States Marshals Service: $228,846,000; Provided, That
notwithstanding the provisions of title 31 U.S.C. 3302, the Director of the United States
Marshals Service may collect fees and expenses for the service of civil process, including:
complaints, summonses, subpoenas and similar process; and seizures, levies, and sales
associated with judicial orders of execution; and not to exceed $1,000,000 of such fees shall
be credited to this appropriation to be used for salaries and other expenses incurred in
providing these services;
(9) For the Support of United States Prisoners in non-Federal institutions:
$147,034,000; which shall remain available until expended and of which not to exceed
$15,000,000 shall be available until expended under the Cooperative Agreement Program
for the purpose of renovating, constructing, and equipping state and local correctional
facilities;
(10) For Fees and Expenses of Witnesses: $56,784,000; which shall remain available
until expended; and which shall include not to exceed $1,690,000 for planning, construction,
renovation, maintenance, remodeling, and repair of buildings and the purchase of
equipment incident thereto for protected witness safesites;
(11) For the Community Relations Service: $29,609,000 of which not to exceed
$21,606,000 shall remain available until expended to make payments in advance for grants,
contracts and reimbursable agreements and other expenses necessary under section 501(c)
of the Refugee Education Assistance Act of 1980, (P.L. 96-422);
(12) For the United States Trustee System Fund: $62,777,000; to remain available
until expended and to be derived from the Fund, provided that deposits to the fund are
available in such amounts as may be necessary to pay refunds due depositors;
(13) For the Assets Forfeiture Fund: $100,000,000, to be derived from the Fund, as
may be necessary for the payment of expenses as authorized by 28 U.S.C.
524(c)(1)(A)(ii),(B),(C),(F) and (G); provided that of funds otherwise available, not to
exceed $237,729,000 is available for expenses otherwise authorized by 28 U.S.C. 524 (c)(1);
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(14) For Organized Crime Drug Enforcement: $214,921,000; for expenses, not
otherwise provided for, for the investigation and prosecution of individuals involved in
organized crime drug trafficking;
(15) For the Federal Bureau of Investigation: $1,530,885,128 which shall include
(A) not to exceed $70,000 to meet unforeseen emergencies of a confidential
character to be expended under the direction of the Attorney General and to be
accounted for solely on the certificate of the Attorney General or the Deputy
Attorney General;
(B) not to exceed $15,100,000 for INF treaty activities which shall remain
available until expended;
(C) not to exceed $8,000,000 which shall remain available until expended for
research and development relating to investigative activities;
(D) not to exceed $25,000,000 which shall remain available until
September 30, 1991, for automated data processing and telecommunications;
not to exceed $1,000,000 which shall remain available until September 30,
1991, for undercover operations;
(E) $7,500,000 for a language translation system shall remain available until
expended;
(F) not to exceed $45,000 for official reception and representation expenses;
(16) For the Drug Enforcement Administration: $551,181,000; which shall include
(A) not to exceed $70,000 to meet unforeseen emergencies of a confidential
character to be expended under the direction of the Attorney General and to be
accounted for solely on the certificate of the Attorney General or the Deputy
Attorney General;
(B) not to exceed $1,200,000 shall remain available until expended for
research;
(C) not to exceed $1,700,000, shall remain available until September 30, 1991
for the purchase of evidence and for payments for information;
(D) not to exceed $9,638,000 shall remain available until September 30, 1991
for automatic data processing and telecommunications; and not to exceed $2,000,000
shall remain available until September 30, 1991 for technical and laboratory
equipment;
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(17) For the Immigration and Naturalization Service: $866,459,000; which shall
include:
(A) not to exceed $50,000 to meet unforeseen emergencies of a confidential
character to be expended under the direction of the Attorney General and to be
accounted for solely on the certificate of the Attorney General or the Deputy
Attorney General;
(B) not to exceed $400,000 which shall remain available until expended for
research;
(C) funds for the purchase of uniforms without regard to the general
purchase price limitation for the current fiscal year;
(18) For the Federal Prison System, including the National Institute of Corrections:
$1,563,998,000 which shall include
(A) $10,112,000 which shall remain available until expended for
carrying out the provisions of sections 4351 thru 4353 of Title 18, United
States Code, which established a National Institute of Corrections;
(B) $401,332,000 which shall remain available until expended for planning,
acquisition of sites and construction of new facilities; and for the purchase and
acquisition of facilities and remodeling and equipping of such facilities for penal and
correctional institutions; and for the payment of United States prisoners for work
performed in these activities; and that not to exceed 10 per centum of the funds
appropriated to "Buildings and Facilities" in this Act or any other Act may be
transferred to "Salaries and expenses," Federal Prison System upon notification by
the Attorney General to the Committees on Appropriations of both the House and
Senate; and
(C) funds for the purchase of uniforms without regard to the general purchase
price limitation for the current fiscal year;
SEC. 102. A total of not to exceed $75,000 from funds authorized to be appropriated to
the Department of Justice by this title shall be available for official reception and
representation expenses in accordance with distributions, procedures, and regulations
established by the Attorney General.
SEC. 103. The Attorney General may transfer up to two per centum of any appropriation
made to the Department of Justice to any other such appropriation, but no such
appropriation shall be increased by more than two per centum by any such transfers.
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TITLE II
Permanent Enabling Legislation
SEC. 201 Part II of Title 28, United States Code, is amended by inserting after chapter 37
the following new chapter:
"Chapter 38- GENERAL AUTHORIZATIONS - DEPARTMENT OF JUSTICE
"Sec.
"577. General Authorizations - Department of Justice
"578. Authorizations and Exemptions Available for Undercover Investigative Operations
"579. Reimbursement of Litigation Expenses.
"577. General Authorizations - Department of Justice
"(a) The Attorney General is authorized to use Department of Justice appropriations
to make payments for the conduct of the activities of the Department of Justice. Such
payments may include payments for:
"(1) expenses, mileage, compensation, and per diem in lieu of subsistence, of
witnesses as authorized by law, without regard to the competitive procurement
requirements of Title 15 and Title 41, United States Code; provided that no witness
shall be paid more than one attendance fee for any one calendar day;
"(2) advances of public moneys under 31 U.S.C. 3324; provided that travel advances
to law enforcement personnel engaged in undercover activity shall be deemed
public monies within the meaning of 31 U.S.C. 3527;
"(3) planning, acquisition of sites and construction of special purpose law
enforcement type facilities; and construction, operation, remodeling and repair of law
enforcement type buildings and facilities used for law enforcement purposes; and the
purchase of necessary equipment and the payment of necessary expenses directly
related to the conduct of these activities;
"(4) contracting or engaging in cooperative agreements with public or private
organizations or entities for the safekeeping, evaluation, treatment, care and
subsistence of persons held under any legal authority;
"(5) the lease or purchase of passenger motor vehicles; provided that motor vehicles
for police type use may be purchased for law enforcement purposes without regard
to the general purchase price limitation for the fiscal year during which such a
purchase is effected;
"(6) the purchase of firearms and ammunition for use by law enforcement officers
and security personnel, and the participation in firearms competitions;
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"(7) the confidential lease of surveillance sites for law enforcement purposes;
"(8) the acquisition, lease, maintenance and operation of aircraft for law enforcement
purposes;
"(9) miscellaneous and emergency expenses authorized or approved by either the
Attorney General, the Deputy Attorney General, the Associate Attorney General
or the Assistant Attorney General for Administration;
"(10) official reception and representation expenses;
"(11) attendance at meetings;
"(12) expenses for conducting drug education programs, including travel and related
expenses for participants in such programs and the distribution of items of token
value that promote the goals of such programs;
"(13) training in the United States and abroad for foreign law enforcement
personnel, with the concurrence of the Secretary of State, as a counterpart to similar
training programs designed for state and local officers;
"(14) services of experts and consultants as authorized by 5 U.S.C. 3109 and at rates
of pay for individuals up to but not exceeding the daily rate payable for GS-18 of the
General Schedule in 5 U.S.C. 5332;
"(15) services of interpreters and translators who are not citizens of the United
States;
"(16) payment of rewards, the purchase of evidence and payment for information in
connection with law enforcement;
"(17) the purchase of insurance for motor vehicles, boats and aircraft operated in
official government business in foreign countries; and
"(18) benefits for employees serving overseas as authorized under section
901(3),(5),(6),(8),(9),(11),(15) and section 904 of the Foreign Service Act of 1980 (22
U.S.C. 4081(3),(5),(6), (8),(9),(11),(15) and 22 U.S.C. 4084), and under regulations
issued by the Secretary of State.
"(b) The Attorney General is authorized to collect fees from state, local or private
agencies or members of the public to defray all or part of the costs of any service which the
Department of Justice may provide to such agencies or individuals. Any fees collected shall
be credited to the appropriation accounts used to pay the expenses incurred in providing
the service and shall be available in those accounts to the extent specified in appropriations
acts.
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"(c)(1) The Attorney General is authorized to accept and utilize, on behalf of the
United States, any gift, donation, or bequest of real or personal property for the purpose
of aiding or facilitating the work of the Department of Justice, including Federal Prison
Industries, Inc. No gift may be accepted:
"(A) that attaches conditions inconsistent with applicable laws or regulations,
or
"(B) that is conditioned upon or will require the expenditure of appropriated
funds unless such expenditure has been authorized by Act of Congress.
"(2) The Attorney General shall promulgate rules for accepting gifts pursuant to this
provision, to ensure, among other things, that no gifts are accepted under circumstances
that will create a conflict of interest for the Department of Justice.
"(3) Gifts and bequests of money, as well as the proceeds from sales of property
received as gifts or bequests that were not immediately usable by the Department of
Justice, shall be credited to any appropriation or fund and shall remain available until
expended, upon order of the Attorney General.
"(4) Gifts, bequests of property, and property acquired from the proceeds credited
to appropriations or funds pursuant to subsection (3), and which are no longer required by
the Department of Justice for its needs and the discharge of its responsibilities, shall be
reported to the Administrator of General Services for transfer, donation, or other disposal
in accordance with the provisions of the Federal Property and Administrative Services Act
of 1949, as amended.
"(5) Property accepted pursuant to this section and the proceeds credited to
appropriations of funds pursuant to subsection (3) shall be used as nearly as practicable in
accordance with the terms of the gift or bequest.
"(6) For the purpose of Federal income, estate, and gift taxes, property accepted
under subsection (1) of this section shall be considered as a gift or bequest to or for the use
of the United States."
"(d)(1) The Attorney General is authorized to use appropriations for the Federal
Bureau of Investigation to make payments for the conduct of its activities. Such payments
may not be used to pay the compensation of any employee in the competitive service but
may include payments for:
"(A) expenses necessary for the detection and prosecution of crimes against
the United States;
"(B) protection of the person of the President of the United States and the
person of the Attorney General;
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"(C) investigations regarding official matters under the control of the
Department of Justice and the Department of State, as may be directed by
the Attorney General; and
"(D) acquisition, collection, classification and preservation of identification
and other records and their exchange with, and for the official use of, the duly
authorized officials of the Federal Government, of States, cities and other
institutions, such exchange to be subject to cancellation if dissemination is
made outside the receiving departments or related agencies.
"(2) The Federal Bureau of Investigation may establish and collect fees for the
processing of fingerprint cards for purposes of licensing, employment (other than in the
criminal justice system), and personnel checks for contractors with access to national
security information. Such fees shall represent the full cost of furnishing the service. The
funds collected shall be credited to the Salaries and Expenses, Federal Bureau of
Investigation appropriation without regard to 31 U.S.C. 3302(b), and shall be available, to
the extent specified in appropriations acts, until expended, to pay for salaries and other
expenses incurred in operating the FBI Identification Division. No fee shall be assessed in
connection with the processing of requests for criminal history records by criminal justice
agencies for criminal justice purposes or for employment in criminal justice agencies.
"(e) The Attorney General is authorized to use appropriations for the Drug
Enforcement Administration to make payments for the conduct of its activities. Such
payments may include payments for:
"(1) expenses necessary for the detection and prosecution of crimes against the
United States within its investigative jurisdiction;
"(2) contracting with individuals for personal services abroad; provided 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; and
"(3) the employment of temporary workers for the unloading, loading, transportation
or destruction of contraband without regard to any law administered by the Office
of Personnel Management, provided 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.
"(f) The Attorney General is authorized to use appropriations for the Immigration
and Naturalization Service to make payments for the conduct of its activities. Such
payments may include payments for:
"(1) distribution of citizenship textbooks to aliens without cost to such aliens;
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"(2) allowances to aliens for work performed while held in custody under the
immigration laws;
"(3) cash advances to aliens for meals and lodgings upon departure from the United
States;
"(4) 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;
"(5) the lease of horses from officers or employees of the Service;
"(6) acquisition of land as sites for enforcement fences, and expenses incident to
the construction of such fences;
"(7) expenses and allowances incurred in tracking lost persons, as required by public
exigencies, in aid of State or local law enforcement agencies; and
"(8) expenses necessary for the detection and prosecution of crimes against the
United States within its investigative jurisdiction.
"(g) The Attorney General is authorized to use appropriations for the Bureau of
Prisons to make payments for the conduct of its activities. Such payments may include
payments for:
"(1) the administration, operation, and maintenance of Federal penal and
correctional institutions, including supervision and support of United States prisoners
in non-Federal institutions; and for inmate legal services within the Federal prison
system;
"(2) construction of buildings at prison camps and acquisition of land as authorized
by 18 U.S.C. 4010;
"(3) the labor of United States prisoners performed in the construction or
remodeling of prison buildings or facilities; and
"(4) the purchase and exchange of farm products and livestock.
"(h) The Attorney General is authorized to use appropriations for the United States
Marshals Service to make payments for the conduct of its activities.
"(1) Such payments may include payments for:
"(A) the actual and necessary expenses associated with the offices established
under section 561 of this title;
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"(B) the expense of transporting prisoners, including the transportation
between the United States and foreign countries of persons charged with
crime, and including the cost of necessary guards and the travel and
subsistence expenses of prisoners and guards;
"(C) the supervision of United States prisoners in non-federal institutions;
"(D) the operation and maintenance for official use of vehicles seized and
forfeited to the United States Government; and
"(E) other necessary expenditures as required by law."
"(2) The United States Marshals Service may also make payments from the
appropriation for the protection of witnesses for expenses incurred for the use of
facilities in the protection of witnesses and in the planning, acquisition, construction,
renovation, maintenance, remodeling, and repair of buildings and the purchase of
equipment incident thereto for protected witness safesites;
"(i) As used in this section the term 'law enforcement' refers to the activities of the
Federal Bureau of Investigation; the Drug Enforcement Administration; the Immigration
and Naturalization Service; the Bureau of Prisons; and the United States Marshals Service;
except that for the purposes of subsection (a)(3), 'law enforcement' refers only to the
activities, in the United States, of the Bureau of Prisons and, subject to the provisions of
8 U.S.C. 1252(c) and 18 U.S.C. 4003, of the Immigration and Naturalization Service.
"578. Authorizations and Exemptions Available for Undercover Investigative Operations
"(a) Subject to the provisions of subsection (f) of this section, the authorizations and
exemptions provided below may be utilized for undercover operations conducted by the
following bureaus of the Department of Justice: the Federal Bureau of Investigation, the
Drug Enforcement Administration, the Immigration and Naturalization Service and the
United States Marshals Service. As used herein, the head of a bureau refers, respectively,
to the Director of the Federal Bureau of Investigation, the Administrator of the Drug
Enforcement Administration, the Commissioner of the Immigration and Naturalization
Service and the Director of the United States Marshals Service.
"(b) (1) An exempt undercover operation refers to any operation designed and
necessary to detect and prosecute crimes against the United States as to which the
head of a bureau, or his designee, and the Attorney General, or his designee, have
certified in writing that any action authorized by this section is necessary for the
conduct of that undercover investigation; provided that as to undercover investigative
operations of the Federal Bureau of Investigation any designee for the Director of
the Federal Bureau of Investigation and any designee for the Attorney General shall
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be a member of the Undercover Operations Review Committee.
"(2) An exempt undercover operation also refers to any operation of the
Federal Bureau of Investigation designed and necessary to collect foreign intelligence
or to conduct foreign counterintelligence, as to which the Director of the Federal
Bureau of Investigation, or the Assistant Director of the Intelligence Division if so
designated by the Director, and the Attorney General, or the Counsel for
Intelligence Policy if so designated by the Attorney General, have certified in writing
that any action authorized by this section is necessary for the conduct of that
undercover investigation.
"(3) The type of exemptions sought for each operation shall be specified on
the certification and the use of the exemptions for each operation will be reviewed
during the operation by the official designated by the head of the bureau pursuant
to subsection (b)(1) or (2) of this section.
"(c) (1) Appropriations may be used for purchasing or leasing property, buildings,
facilities, space, goods, insurance, licenses and any equipment necessary to establish and/or
operate an undercover operation. These acquisitions shall be made in accordance with
prevailing commercial practices so long as such practices are consistent with the purposes
of the undercover operation. Laws applicable to federal acquisitions, federal property
management and federal appropriations shall not apply to any acquisition for an exempt
undercover operation where compliance with such laws would risk compromise of the
undercover nature of the investigation.
"(2) Appropriations may be used to establish, acquire and/or operate
proprietary corporations or business entities in accordance with prevailing
commercial practices so long as such practices are consistent with the purposes of
the undercover operation. Laws applicable to federal appropriations and
government corporations shall not apply to any transaction for an exempt undercover
operation where compliance with such laws would risk compromise of the
undercover nature of the investigation.
"(3) Appropriations and the proceeds from an exempt undercover operation
may be deposited in banks or other financial institutions and may be used to offset
necessary and reasonable expenses incurred in such operation without deposit in the
Treasury; provided that, as soon as any such proceeds are no longer necessary for
the conduct of such operation, such proceeds or the balance of such proceeds
remaining at the time shall be deposited in the Treasury of the United States as
miscellaneous receipts.
"(d) If a corporation or business entity established or acquired as part of an
undercover operation under subparagraph (2) of paragraph (c) with a net value of
over $150,000 is to be liquidated, sold, or otherwise disposed of, the head of the
bureau, as much in advance as he or his designee determines is practicable, shall
report the circumstances to the Attorney General. The proceeds of the liquidation,
sale, or other disposition, after obligations are met, shall be deposited in the
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Treasury of the United States as miscellaneous receipts.
"(e) (1) The Attorney General shall direct and supervise a detailed financial audit
of each undercover investigative operation which is closed in fiscal year 1990, and
each fiscal year thereafter, and shall, not later than 180 days after such undercover
operation is closed, submit a report to the congress concerning such audit.
"(2) For purposes of these audit and reporting requirements:
"(A) the term "closed" refers to the point in time at which-
"(i) all criminal proceedings (other than appeals) are concluded, or
"(ii) covert activities are concluded, whichever occurs later;
"(B) the terms 'undercover investigative operation' and 'undercover
operation' mean any undercover investigative operation of a bureau
(other than a foreign counterintelligence undercover investigative
operation)-
"(i) in which-
"(a) the gross receipts (excluding interest earned) exceed
$150,000, or
"(b) expenditures (other than expenditures for salaries of
employees) exceed $150,000, and
"(ii) which is exempt from laws applicable to federal appropriations
and goverment corporations.
"(f) The Commissioner of the Immigration and Naturalization Service, or his
designee, and the Director of the United States Marshals Service, or his designee, shall
include in the request for the Attorney General's certification required by subsection (b)(1)
of this section: the expected time period for utilizing the exemptions, the expected resources
to be committed, a description of the circumstances for using the exemptions, and a
specification of the scope of the effort.
"579. Reimbursement of Litigation Expenses.
"The Attorney General may enter into reimbursable agreements with other Federal
Government agencies or components within the Department of Justice to pay expenses of
private counsel to defend Federal Government employees sued for actions while performing
their official duties.".
SEC. 202. Section 6 of the Act of July 28, 1950 (64 Stat. 380), 8 U.S.C. 1555, is hereby
repealed.
SEC. 203. Sections 4043 and 4044 of Title 18, United States Code, and section 871(c) of
Title 21, United States Code, are hereby repealed.
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TITLE III
Additional Permanent Legislation
SEC. 301. The Attorney General or his designee is authorized to use Department of
Justice appropriations to make payments for assistance to individuals under section 501(c)
of the Refugee Education Assistance Act of 1980 (P.L. 96-422) without regard to section
501(e)(2)(B) of that Act, which prohibits such assistance to individuals with respect to
whom a final, nonappealable, and legally enforceable order of deportation or exclusion has
been entered. Such payments may include grants which shall be administered by the
Community Relations Service.
SEC. 302. Section 287 of the Immigration and Nationality Act of 1952 (66 Stat. 233) as
amended (8 U.S.C. 1357) is further amended by adding the following at the end thereof:
"(e) Under the direction of the Attorney General, agents and officers of the
Immigration and Naturalization Service are authorized to:
(1) carry a firearm;
(2) execute and serve any order, warrant, subpoena, summons, or
other process issued under the authority of the United States;
(3) make an arrest without a warrant for any offense against the
United States committed in the officer's presence or for a
felony, cognizable under the laws of the United States
committed outside the officer's presence if the officer has
reasonable grounds to believe that the person to be arrested has
committed or is committing a felony;
(4) perform any other law enforcement duty that the Attorney
General may designate; and
(5) the authority conferred by subsections (1) through (4) of this
section does not affect the investigative jurisdiction of any other
federal law enforcement agency.".
SEC. 303. Chapter 307 of Title 18, United States Code, is amended by deleting the first
paragraph of section 4121 and inserting a new first paragraph as follows:
"Federal Prison Industries', a government corporation of the District of Columbia,
shall be administered by a board of six directors, appointed by the President to serve at the
will of the President. Members of the board who are not employees of the Federal
Government or the District of Columbia shall be paid for their services at the daily
equivalent of the rate payable for GS-18 of the General Schedule in section 5332 of
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Title 5, United States Code.".
Sec. 304. Chapter 307 of Title 18, United States Code, is amended by adding the following
new section:
"?4129. General authorizations - Federal Prison Industries, Inc.
"Federal Prison Industries, Incorporated, is authorized to make such expenditures and
to make such contracts and commitments, without regard to fiscal year limitation, as may
be necessary in carrying out the program set forth in the budget for the current fiscal year
for such corporation, including purchase and hire of passenger motor vehicles.".
SEC. 305. Section 4204(b) of Title 18, United States Code, pertaining to the United States
Parole Commission, is amended by adding at the end thereof the following new subsection:
"(9) the lease or purchase of passenger motor vehicles.".
SEC. 306. Section 878 of title 21, United States Code, is amended by:
(1) striking out the following in subsection (a): "Any officer or employee of the Drug
Enforcement Administration or any State or local law enforcement officer designated by
the Attorney General may --"
(2) inserting the following in lieu thereof: "Any officer or employee of the Drug
Enforcement Administration or the Federal Bureau of Investigation designated by the
Attorney General, or any Federal, state, or local law enforcement officer designated by the
Attorney General when acting under the direct control of the Drug Enforcement
Administration or the Federal Bureau of Investigation, may --"
(3) striking out 'section 3374(c)" in subsection (b), and inserting in lieu thereof:
"sections 3374(c) and 3374(d)"; and
(4) inserting the following at the end of subsection (b): "While exercising these
powers and authorities under the direct control and supervision of the Drug Enforcement
Administration or the Federal Bureau of Investigation, state and local law enforcement
officers shall have all the immunities of Federal law officials and shall be protected by
sections 111, 113, 1114, 1201 of title 18, United States Code."
SEC. 307. Section 263a of title 22, United States Code, is amended
by inserting the following at the end thereof:
"The Attorney General is also authorized to use appropriations that fund the activities
of INTERPOL-USNCB to make payments for expenses necessary for the periodic hosting
of the annual meeting of the General Assembly of INTERPOL and for the periodic
sponsorship of INTERPOL conferences, meetings, symposia, and other events related to
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topics of international crime.".
SEC. 308. Section 1622d of title 22, United States Code, pertaining to the Foreign Claims
Settlement Commission, is amended by adding at the end thereof the following new
paragraph:
"The Commission is authorized to hire passenger motor vehicles, for field use only, and
to purchase insurance for official motor vehicles used abroad. The Commission may
advance funds abroad and may advance funds to other government departments or agencies
in connection with reimbursable agreements. The Commission is also authorized to employ
aliens abroad and, with the approval of the Secretary of State, to acquire necessary office
space and living quarters abroad and to maintain, repair, furnish and provide utilities for
such properties.".
TITLE IV
Program Reductions and Terminations
SEC 401. Section 517(b) of the Comprehensive Crime Control Act of 1984 (P.L. 98-473,
98 Stat. 2075), 21 U.S.C. 873(d), is hereby repealed.
SEC. 402. Section 609 of the Comprehensive Crime Control Act of 1984 (P.L. 98-473, 98
Stat. 2088-90), 42 U.S.C. 3769 through 3769d, is hereby repealed.
SEC. 403. Part A, sections 204-206, Part B, sections 221-229, and Part C, sections 241-248,
and 261; and Part D, sections 281 and 282, of the Juvenile Justice and Delinquency
Prevention Act of 1974 (P.L. 93-415, 88 Stat. 1109), as amended by the Anti-Drug Abuse
Act of 1988, P.L. 100-690 (Nov. 18, 1988), are hereby repealed, effective October 1, 1989.
SEC. 404. Section 501 of the Immigration Reform and Control Act of 1986, P.L. 99-603,
(October 14, 1986) is hereby repealed effective October 1, 1989.
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TITLE V
Tables of Chapters and Sections
SEC. 501. The table of sections for chapter 303 of Title 18, United States Code, is
amended by deleting the items relating to sections 4043 and 4044 and inserting the
following:
"4043. Repealed.
"4044. Repealed.".
SEC. 502. The table of sections for chapter 307 of Title 18, United States Code, is
amended by inserting after the item relating to section 4128 the following new item:
"4129. General authorizations - Federal Prison Industries, Inc.".
SEC. 503. The table of chapters for part II of Title 28, United States Code, is amended
by inserting after the item relating to chapter 37 and following new item:
"38. General authorizations 577.".
SEC. 504. The table of sections for Chapter 38 of Title 28
United States Code, shall read as follows:
"577. General authorizations."
"578. Authorizations and exemptions available for undercover investigative
operations."
"579. Reimbursement of Litigation Expenses:.
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Department of Justice
1990 Authorization Bill
SECTION BY SECTION ANALYSIS
TITLE I: 1990 Fiscal Year Authorization p. 1
(Bill Sections 101-103)
TITLE II: Permanent Authorizing Legislation p. 2-21
(Bill Sections 201-204)
TITLE III: Additional Permanent Legislation p. 21-25
(Bill Sections 301-308)
TITLE IV: Program Reductions and Terminations p. 25-26
(Bill Sections 401-405)
TITLE V: Table of Chapters and Sections p. 26-27
(Bill Sections 501-504)
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TITLE I
1990 Fiscal Year Authorization
Proposed Section 101:
This section of the bill authorizes 1990 fiscal year appropriations for various
categories of activities conducted by the Department of Justice. Fifteen separate categories
of appropriations are listed. Within certain of these categories additional provisions are
made for allowing a portion of an appropriations to be available on a multi-year or a no
year basis. Similar language has been inserted in previous authorization and appropriation
legislation. For example, a portion of the funds appropriated for the FBI's automated data
processing and telecommunications expenses will be available for two years, and similarly
part of the FBI's and DEA's funds for research will be available until expended. Other
provisions set maximum amounts which may be used for certain purposes, such as
representation expenses, construction of witness safesites, expenses necessary in the
collection of evidence, and emergency expenses.
Proposed Section 102:
A total of not to exceed $75.000 from funds authorized to be appropriated to the
Department of Justice to, this title shall be available for dficial reception and representation
expenses in accordance with distributions, procedures. and regulations established by the
Attorney General
This section authorizes the Attorney General to expend from monies appropriated
to the Department of Justice up to $75,000 for official representation and reception
expenses.
Proposed Section 103:
The Attorney General may transfer up to two per centum of any appropriation made
to the Department of Justice to any other such appropriation but no such appropriation shall
be increased by more than two per centum by any such transfers.
This section authorizes the Attorney General to transfer a portion of one
Department of Justice appropriations to another Department of Justice appropriation.
Such a transfer may not diminish an appropriation by more than two percent nor may it
increase an appropriation by more than two percent.
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TITLE II
Permanent Authorizing Legislation
Title II of the Bill, for the most part, contains authorizations that were previously
enacted in the Department's 1980 annual Authorization Act, which has remained in force
through continuing resolutions, and/or that have been sought by the Department in the nine
authorization bills submitted to Congress since then. If Title II is enacted as permanent
law, future Department of Justice authorizations bills will generally be confined to the true
fiscal year authorizations contained in Title I.
Proposed Bill Section 201:
Part II of Title 28, United States Code. is amended by inserting after chapter 37 the
following new chapter:
"Sec.
"577 General Authorizations
"578. Authorizations and Exemptions Available for Undercover Investigative Operations
"579. Reimbwsement of Litigation Expenses
This section of the bill will amend Title 28, United States Code, by adding chapter
38, which will contain three sections. Proposed section 577 will provide permanent
appropriations authorization for the various types of expenses incurred by the Department
of Justice in the conduct of its activities. Proposed section 578 will provide specific
authorizations and exemptions available only for undercover investigative operations.
Proposed section 579 will provide authority for agencies to reimburse the the Department's
litigation appropriation for the expenses of private counsel who represent agency personnel
who have been civilly sued.
Proposed Section 577:
General Authorizations - Department of Justice
Proposed section 577 contains nine principle subsections. Subsection 577(a) contains
eighteen authorization provisions which, in general, are available for all Department of
Justice activities. Subsection 577(b) provides general authority to collect and retain user
fees and subsection 577(c) provides general gift acceptance authority. Subsections 577(d),
(e), (f), (g) and (h) contain specific authorization provisions applicable, respectively, to the
Federal Bureau of investigation, the Drug Enforcement Administration, the Immigration
and Naturalization Service, the Bureau of Prisons and the United States Marshals Service.
Subsection 577(i) defines the term law enforcement as used in the general authorization
provisions of subsection 577(a).
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Proposed Section 577(a);
The Attorney General is authorized to use Department of Justice appropriations to
make pavmentsfor the conduct of the activities of the Department of Justice. Such payments
may include payments for:
This provision allows appropriations for the Department of Justice to be used to
support the Department's activities. Additional specific authorizations are provided in
seventeen subsections.
Proposed Section 577(a)f1):
expenses. mileage, compensation. and per diem in lieu of subsistence, of witnesses as
authorized by law. without regard to the competitive procurement requirements of Titles 15 and
41. United States Codes: provided that no witness shall be paid more than one attendance fee
for any one calendar day:
This provision allows Department of Justice appropriations to be used to pay for the fees
and expenses of witness and prohibits any multiple payment to a witness who attended more
than one proceeding on the same day. This provision also permits the hiring of expert
witness without regard to the technically applicable competitive procurement requirements
contained in Titles 15 and 41 of the United States Code. Full competitive procurement
procedure would put the government at a disadvantage in adversary litigation.
Proposed Section 577(a) (2)
advances of public monies under 31 U.S.C. 3324: provided that travel advances to law
enforcement personnel engaged in undercover activity shall be deemed public monies within the
meaning of 31 U.S.C. 3527:
This provision will give the Attorney General authority to permit advance payments on
contracts and in other matters where it is in the interest of the Department of Justice to
do so. The proviso regarding travel advances to law enforcement personnel engaged in
undercover activity assures that the non-negligent loss of such funds will be reimbursable.
Proposed Section 577(a)(31:
planning, acquisition of sites and construction of special purpose law enforcement type
facilities: and construction. operation. remodeling and repair of law enforcement type buildings
and law enforcement type facilities used for law enforcement purposes: and the purchase of
necessary equipment and the payment of necessary evenses direct?y related to the conduct of
these activities:
This provision will provide the Attorney General with construction and renovation
authority. This authority extends to the construction and renovation of special purpose law
enforcement facilities; is,? buildings and facilities whose location, function and/or design
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requirements are such that the requisite expertise for such construction or renovation can
most effectively be implemented by the Department. This provision does not provide
authority for the construction of general purpose office space. The availability of this
contruction and renovation authority is limited to those law enforcement bureaus listed in
proposed section 577(i).
Proposed Section 577(a)(4):
contracting or engaging in cooperative agreements with public or private oganizations
or entities for the safekeeping. evaluation, care and subsistence of persons held under any legal
authority:
This provision will allow the Department of Justice, principally the Bureau of Prisons
and the Immigration and Naturalization Service, to enter into contracts or cooperative
agreements with public or private organizations or entities to provide prison and detention
facilities.
Proposed Section 577(10(5):
the lease or purchase of passenger motor vehicles: provided that motor vehicles for
police type use may be purchased_for law enforcement purposes without regard to the geneml
purchase price limitation for the fiscal_year during which such a purchase is effected;
The lease or purchase of passenger motor vehicles is generally prohibited by 31
U.S.C. 1343 unless specifically authorized by statute. This provision provides the necessary
statutory authorization for such leases and purchases. The provision regarding vehicles for
police type use is necessary because the required design features for such vehicles normally
result in a higher purchase price than the general purchase price limitation for any given
fiscal year.
Proposed Section 577(a)(6).:
the purchase of firearms and ammunition for use by law enforcement officers and
security personnel and participation in firearms competitions;
This provision would authorize both the purchase of firearms and ammunition for use
by law enforcement officers and security personnel and the participation in firearms
competition by Department personnel.
Proposed Section 577(4)(7):
the confidential lease of surveillance sites for law enforcement purposes:
This provision would authorize agents of the Department's law enforcement bureaus
to lease surveillance sites without complying with Federal property management and
banlcing laws that would otherwise require disclosure of their role as criminal investigators.
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This authority would not extend to other leases, such as for the operation of a proprietary
corporation as part of an undercover investigation. Authority for such leases would be
available only through the certification and exemption provisions pertaining to undercover
investigations. (ae1 Proposed Section 578)
Proposed Section 577(0(8):
the acquisition. lease maintenance and operation of aircraft for law enforcement
purposes;
The lease or purchase of aircraft is generally prohibited by 31 U.S.C. 1343 unless
specifically authorized by statute. This provision provides the necessary statutory
authorization for such leases and purchases, as well as for the acquisition of aircraft
forfeited to the government.
Proposed Section 577(a)(9):
miscellaneous and emergency expenses authorized or approved by either the Attorney
General. the Deputy Attorney General. the Associate Attorney General or the Assistant Attorney.
General for Administration;
This provision allows the use of funds in unforeseen circumstances, such as the
appointment of a Special Counsel under the Ethics In Government Act.
Proposed Section 577(0(101:
official reception and representation expenses;
This provision authorizes the use of funds to pay the expenses of Department of Justice
senior employees whose official positions entail the responsibility for establishing and
maintaining relationships of value to the Department.
Proposed Section 577(a)(111:
attendance at meetings;
Four statutes (5 U.S.0 4109, 4110, 5946, and 31 U.S.C. 551) govern the ability of the
Department to authorize payments for the purpose of attendance at meetings. These
statutes are, in significant respects, inconsistent with one another and later statutes have
been interpreted as overturning all or part of the prior statutes. In addition, a fifth statute
(40 U.S.C. 34) has been interpreted as limiting a department's authority to pay for hotel
accommodations in connection with meetings. The availability of funds for the expense of
attendance at meetings has been the subject of numerous cases submitted to the
Comptroller General.
Although these various statutes permit attendance at meetings in most circumstances,
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the Department of Justice, and other Executive Branch departments and agencies, have
routinely obtained statutory authority for the payment of expenses for attendance at
meetings. The Justice Department's prior authorities have been on an annual basis. This
provision would make that authority permanent and would thus allow the Attorney General
to issue appropriate Department-wide regulations governing the proper circumstances in
which the payment of such expenses is warranted.
Proposed Section 577(a)(121:
conducting drug education programs. including travel and related expenses for
participants in such programs and the distribution of items of token value that promote the
goals of such programs;
This provision would allow the Department of Justice to use its appropriations for
drug education programs, including the payment of travel and related expenses for
participants in these programs and the payment of the cost of distributing items of token
value that promote the goals of such programs.
Proposed Section 577(a)(13):
training in the United States and abroad for foreign law enforcement personnel. with
the concurrence of the Secretary of State as a counterpart to similar training programs designed
for state and local officers;
This provision would set forth the authority of the Department of Justice to provide
training for foreign law enforcement personnel, either in the United States or abroad, with
the concurrence of the Secretary of State. Such activities are presently conducted by the
Federal Bureau of Investigation and the Drug Enforcement Administration as part of their
law enforcement mission. The authority provided by this section would not change the
statutory basis for, or the funding of, training of foreign law enforcement personnel carried
out by the Department's International Criminal Investigative Training Assistance Program
(ICITAP) under arrangements with the Department of State pursuant to the Foreign
Assistance Act of 1961, as amended.
Proposed Section 577(a)(14):
services of experts and consultants as authorized by 5 U.S.C. 3109 and at rates of pay
for individuals up to but not exceeding the &zit" rate payable for GS-18 of the General
Schedule in 5 U.S.0 5322;
This provision permits payments to be made for the services of experts and consultants.
Payment for such services is prohibited by 5 U.S.C. 3109 unless authorized by statute.
Proposed Section 577(a)(151:
services of interpreters and translators who are not citizens of the United States;
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Government employment is generally available only to United States citizens. This
provision permits the employment of non-citizens solely in the capacities of interpreters and
translators. This authority is used primarily by the Immigration and Naturalization Service
in situations where a U.S. citizen is not available to translate a particular language.
Proposed Section 577(8)(16):
payment of rewards, the purchase of evidence and payment for information in
connection with law enforcement;
These provisions allow law enforcement agencies to pay rewards, purchase evidence,
and pay for information as part of their mission to conduct criminal and foreign counter
intelligence investigations.
Proposed Section 577(8)(17):
the purchase of insurance for motor vehicles, boats and aircraft operated in official
government business in foreign countries;
The United States government generally acts as a self insurer. In foreign countries,
however, compulsory insurance laws and/or prudent business practice may require that
motor vehicles, boats and aircraft be covered by private insurance policies. This provision
will allow the Department of Justice to procure appropriate insurance coverage when doing
business in foreign countries.
Proposed Section 577(8)(181:
benefits for employees serving overseas as authorized under section 901(3). (5). (6).
(W. (9). (11). ILI) and section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4081(3).
(5). (?a). 0.199?iii). (15) and 22 U,S.0 4084). and under the regulations issued by the
Secretary of State;
This provision affords to Department of Justice employees serving overseas certain of
the benefits provided for members of the foreign service. These benefits, as set forth in
Title 22, include: travel expenses for family members (4081(3)); medical care (4081(5)); rest
and recuperation travel (4081(6)); family visitation travel (4081(8)); emergency family
visitation (4081(9)); transportation of furniture and personal effects (4081(11)); children's
travel for visitation with divorced or separated parents (4081(15)); and health care benefits
(4084).
Proposed Section 577(b):
the Attorney General is authorized to collect fees from state. local or private agencies
cer members of the public to defray all or part of the costs of any service which the Department
of Justice may provide to such agencies or individuals. Arty fees collected shall be credited to
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the appropriation accounts used to pay the expenses incurred in providing the service and shall
-I. j ISI S 0 _
This provision would authorize the Department of Justice to collect fees for services
rendered to State, local or private agencies or members of the public. Fees would not
exceed the costs of the services. Any monies collected would be credited to the
appropriation account used to pay the expenses of providing the service and would be
available for expenditure from those accounts to the extent specified in appropriated acts.
The crediting of these fees to the appropriation accounts used to pay the expenses
will not increase budget totals for the Department of Justice because these fees are not
scored as budget authority or outlays.
Proposed Section 577(c).
(1) The Attorney General is authorized to accept and utilize, on behalf of the United
States. any gift. donation. or bequest of real or personal property for the purpose of
aiding orfacilitating the work of the Department of Justice including Federal Prison Industries.
Inc. No gift may be accepted
LAI that attaches conditions inconsistent with applicable laws or regulations. or
LW that is conditioned upon or will require the evenditure of appropriated funds unless
such e:cpenditure has been authorized by Act of Congress.
(2) The Attorney General shall promulgate rules for accepting gifts pursuant to this
provision to ensure, among other things. that no gifts are accepted under circumstances that
will create a conflict of interest for the Department of Justice.
(3) Gifts and bequests of money and the proceeds from sales of property received as gifts
gr bequests that were not immediately useable by the Department of Justice shall be credited
to am appropriation or fund and shall remain available until expended. upon order of the
Attorney General.
(4) Gifts. bequests of properly, and property acquired from the proceeds credited to
appropriations or funds _pursuant to subsection (I), and which are no longer required by the
Department of Justice for its needs and the discharge of its responsibilities, shall be reported to
the Administrator of General Services for transfer. donation. or other disposal in accordance
with the provisions of the Federal Property and Administrative Services Act of 1949. as
(amended
(5) property accepted pursuant to this section and the proceeds credited to appropriations
QT funds pursuant to subsection (3) shall be used as nearly as practicable in accordance with
the terms of the gift or bequest.
(6) For the purpose of Federal income. estate. and Aft tares, properly accepted under
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subsection (3) of this section shall be considered as a gift or bequest to or for the use of the
United Stales."
This provision would authorize the Attorney General to accept gifts, donations, or
bequests of real or personal property to aid the Department in carrying out its functions,
including the functions of the Federal Prison Industries, Inc. Gifts that attach conditions
inconsistent with applicable laws or that are conditioned upon or require the expenditure
of appropriated funds (unless the expenditure had been authorized by Congress) may not
be accepted. The Attorney General is required to establish rules to insure that no gifts are
accepted that will create a conflict of interest for the Department.
Proposed Section 577(d)(1):
The Attorney General is authorized to use appropriations for the Federal Bureau of
Investigation to make payments for the conduct of its activities. Such _payments may not be
used to pew the compensation of any employee in the competitive service but may include
payments for:
This provision allows appropriations for the Federal Bureau of Investigation to be used
to support the Bureau's activities. Payment from Bureau appropriations for the
compensation of any employee in the competitive service is expressly forbidden. Additional
specific authorizations are set out in subsections A through D.
Proposed Section 577(d)(1)(A):
penses necessary for the detection and prosecution of crimes against the United States;
Payments for the detection and prosecution of crimes against the United States include
the expenses necessary for the FBI to conduct investigations of those violations of Federal
law for which the FBI has responsibility. In addition to national priority areas of organized
crime, foreign counterintelligence, counterterrorism, narcotics matters and white-collar
crime, the FBI has primary jurisdiction over numerous other Federal statutes concentrating
on such areas as interstate crimes, forcible crimes against banking institutions, civil rights,
and fugitive investigations. Typical expenses include personnel compensation and benefits,
travel and transportation of persons and property, rent, communications and utilities, capital
and noncapital equipment, and supplies.
Proposal Section 577(d)(1)(B):
protection of the person of the President of the United States and the person of the
Attorney General;
Payments are utilized for the purposes of assuring the security of the President and of
the Attorney General. Typical expenses include personnel compensation and travel costs.
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Proposed Section 577(d)(1)(CI:
investigations regarding official matters under the control of the Department of Justice
and the Department Qf State. as may be directed by the Attorney General;
This provision would allow the Attorney General to authorize payments to conduct
investigations regarding official matters of concern to the Department of Justice and the
Department of State.
Proposed Section 577(d)(1)(D):
acquisition. collection, classification and _preservation of identification and other records
and their exchange with, and for the official use of. the duly authorized officials of the Federal
Government. of States. cities and other institutions, such exchange to be subject to cancellation
if dissemination is made outside the receiving departments on related agencies.
This provision authorizes the collection and preservation of identification and other
records and their exchange with authorized officials. Expenses include the maintenance at
FBI Headquarters of the Central Records System, consisting of over six million
investigative, personnel, applicant, administrative, and general case files, and the
maintenance of fingerprint identification records submitted by over 20,000 authorized
agencies. In addition, payments under the authorization include expenses of providing
information contained in FBI records to other Federal agencies in compliance with
Executive Order 10450 and to authorized officials of States, cities, and other institutions.
Proposed Section 577(d)(2):
The Federal Bureau of Investigation may establish and collect fees for the processing of
fingerprint cards for purposes of licensing, employment (other than in the criminal justice
system). and personnel checks for contractors with access to national security information. The
finds collected shall be credited to the Salaries and Expenses. Federal Bureau of Investigation
appropriation without regard to 31 U.S.C. 3302a2). and, to the extent specified in appropriations
acts. shall be available, until ex,pended, to pay for salaries and other expenses incurred in
operating the FBI Identification Division. No fee shall be assessed in connection with the
processing of requests for criminal history records by criminal justice agencies for criminal justice
purposes or for employment in criminal justice agencies.
This provision allows the Federal Bureau of Investigation to set fees for services
rendered by the Identification Division and permits any collected fees to be used, to the
extent specified in appropriations acts, to pay for the operation of the Bureau's
Identification Division.
The crediting of these fees to the appropriation accounts used to pay the expenses
will not increase budget totals for the Department of Justice because these fees are not
scored as budget authority or outlays.
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Proposed Section 577(e):
The Attorney General is authorized to use appropriations for the Drug Enforcement
Administration to make payments for the conduct of its activities. Such payments may include
payments for:
This provision allows appropriations for the Drug Enforcement Administration to be
used to support the activities of the Administration. Additional specific authorities are set
out below in subsections (1) and (2).
Proposed Section 577 (0(1):
evenses necessary for the detection and prosecution of crimes against the United States
within its investigative jurisdiction: and
This provision authorizes payments for the conduct of the DEA's principal mission,
the detection and prosecution of drug related crimes.
Proposed Section 577(e)(2):
contracting with individuals for personal services abroad: provided 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: and.
This provision would allow the DEA to contract with non-U.S. citizens in those
foreign countries where the Department conducts activities. It will also allow the DEA to
contract with U.S. citizens who reside abroad; in particular, the dependents of the Foreign
Service, military and other U.S. government personnel. Such individuals would not be
federal employees and thus would not be subject to the personnel benefits, restrictions and
controls associated with United States government employment.
Proposed Section 577(0(31:
the employment of temporary workers for the unloading loading. transportation or
destruction of contraband without regard to any law administered by the Office of Personnel
Management provided 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.
The Drug Enforcement Administration occasionally requires the services of laborers
to unload contraband from vessels, trucks, airplanes, etc. In normal business practice these
laborers would be drawn from available workers who are paid on an hourly basis. This
provision would allow the DEA to employ such workers for the unloading, loading,
transportation or destruction of contraband. These workers would not be employees of the
United States for the purpose of any law administered by the Office of Personnel
Management.
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Proposed Section 577(f):
The Attorney General is authorized to use appropriations for the Immigration and
Naturalization Service to make payments for the conduct of its activities. Such payments may
include payments for:
This provision allows appropriations for the Immigration and Naturalization Service
to be used to support the activities of the Service. Additional specific authorizations are
set out in subsection (1) through (8).
Proposed Section 577(f)(1).:
distribution of citizenship textbooks to aliens without cost to such aliens;
This provision allows appropriations to be used to pay for citizenship textbooks which
may be distributed, without costs, to aliens who are seeking or are interested in seeking
United States citizenship.
Proposed Section 577(1)(2):
allowances to aliens for work performed while held in custody under the immigration
laws;
This provision will allow aliens to be paid for work which they perform while in
custody under the immigration laws. Payment rates are set, from time to time, in
Department of Justice appropriations acts.
Proposed Section 577M(31;
cash advances to aliens for meals and lodgings upon departure from the United States;
This provision will allow the Immigration and Naturalization
Service to make payments to aliens who are being expelled from the United States to cover
the costs of meals and lodgings while en route to their final destination.
Proposed Section 577M(4).:
refund,s of maintenance bills immigration fines and other items properly returnable.
h
and passage mono;
This provision will allow appropriations for the Immigration and Naturalization
Service to be used to pay for refunds to which an alien may be properly entitled. Such
appropriations may not, however, be used for refunds of any deposit by an alien who
becomes a public charge, or of deposits made to secure payment of a fine or to secure
payment of passage money.
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Proposed Section 577(0(5):
the lease of horses from officers or employees of the Service:
This provision will allow the Service to lease horses from its officers and employees
notwithstanding general prohibitions against an agency entering into private business
transactions with its employees. This authority benefits the Service because in remote
border areas employees living in the region who own horses may be the best available
providers of horses for lease. This authority currently exits as stated in section 1555 of
Title 8.
Proposed Section 577(f)(6).:
acquisition of land as sites for enforcement fences. and expenses incident to the
construction of such fences:
This provision would give the Service limited land acquisition authority. Enforcement
fences are constructed in border areas as a passive preventive measure which is used in
conjunction with other strategies for controlling the flow of unlawful entrants.
Proposed Section 577(f)(71:
expenses and allowances incurred in tracking lost persons. as required by public
exigencies. in aid of State or local law enforcement agencies: and
This provision will allow the Service to come to the aid of State and local law
enforcement agencies when they are searching for a lost person. The Service is often in a
unique position to provide such assistance due to its knowledge of, and access to, remote
border areas.
Proposed Section 577(018):
expenses necessary for the detection and prosecution of crimes against the United States
within its investigative jurisdiction.;
The Immigration and Naturali7ation Service (INS) has responsibility for the detection
and prosecution of various criminal offenses as specified in Title 8 and Title 18 of the
United States Code. This provision provides explicit recognition of the authority of INS to
spend funds for the detection and prosecution of these offenses and of other offenses
factually related to an offense against the immigration laws.
Proposed Section 577(g):
The Attorney General is authorized to use appropriations for the Bureau of Prisons to
make pqments for the conduct of its activities. Such payments may include payments for:
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This provision allows appropriations for the Bureau of Prisons to be used to support
the activities of the Bureau. Additional specific authorizations are set out in subsections
(1) through (4).
Proposed Section 577(g)(1):
the administration, operation, and maintenance of Federal penal and correctional
institutions, including supervision and support of United States prisoners in non-Federal
institutions; and for inmate legal services within the Federal prison .system;
This provision authorizes appropriations to be used to support the Bureau's principal
mission of operating the federal penal system, including the supervision of prisoners in non-
federal institutions and the delivery of appropriate legal services.
Proposed Section 577(g)(2):
construction of buildings at prison camps and acquisition of land as authorized by 18
U. S. C. 4010;
This provision would give the Bureau construction authority in connection with facilities
at prison camps and authority to acquire land. Land acquisitions are generally in the
vicinity of prisons and for the purpose of perimeter security or site expansion.
Proposed Section 577(g) (3):
the labor of United States prisoners performed in the construction or remodeling of
prison buildings on facilities; and
This provision would authorize the Bureau's use of prisoner labor in the construction
and remodeling of prison buildings and facilities and would authorize the payment of
prisoners for their labor.
Proposed Section 577(g)(4):
the purchase and exchange of farm products and livestock;
This provision would authorize the Bureau to purchase and exchange farm products and
livestock. Such authority will facilitate the efficiency of the farm programs operated as part
of the federal prison system.
Proposed Section 577(hi:
The Attorney General is authorized to use appropriations for the United States Marshals
Service to make payments for the conduct of its activities.
(1) Such payments may include payments for:
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This provision allows appropriations for the United States Marshals Service to be
used to support the activities of the Marshals Service. Additional specific authorizations
are set out in subsection (A) through (D).
Proposed Section 577(h)(1)(Al:
the actual and necessary expenses associated with the offices established under section
561 of this title;
This provision allows for payments of the actual and necessary expenses of the
United States Marshals Service. This same authority is presently set out in 28 U.S.C. 567.
Proposed Section 577(h)(1)(B1:
the expense of transporting prisoners, including the transportation between the United
States and foreign countries of persons charged with crime and including the cost of necessary
guards and the travel and subsistence expenses of prisoners and guards;
This provision allows for payments of the expenses of transporting prisoners. Similar
authority is presently set out in 28 U.S.C. 567. This provision also states explicitly the
authority of the Marshals Service to transport persons charged with crimes to or from
foreign countries.
Proposed Section 577(h)(1)(C):
the supervision of United States prisoners in non-federal institutions;
This provision allows for payments for the supervision of United States prisoners in
non-federal institutions. Payments are made from the appropriation for the Support of
United States prisoners in non-federal institutions.
Proposed Section 577(h)(1)(D):
the operation and maintenance for official use of vehicles seized and forfeited to the
United States Government:
This provision allows for payment of expenses for the operation and maintenance
by the Marshals Service of vehicles seized pursuant to forfeiture statutes.
Proposed Section 577(h)(1)(El:
pther necessary expenditures as required by law;
This provision allows for the payment of other necessary expenses of the Marshals
Service. This same authority is presently set out in 28 U.S.C. 567.
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Proposed Section 57701)(2):
The United States Marshals Service may also make payments from the appropriation
for the protection of witnesses for expenses incurred for the use of facilities in the protection of
witnesses and in the planning. acquisition. construction. renovation. maintenance remodeling.
and repair of buildings and the purchase of equipment incident thereto for protected witness
safesites:
This provision allows for payments by the Marshals Service for the operation of its
witness protection program, including payments for construction and related activities.
Proposed Section 577(i):
As used in this section the term '7aw enforcement" refers to the activities of the Federal
Bureau of Investigation: the Drug Enforcement Administration: the Immigration and
Naturalization Service: the Bureau of Prisons: and the United States Marshals Service: except
that for the purposes of subsection fa) (3). '7aw enforcement" refers only to the activities, in the
United States. of the Bureau of Prisons and, subject to the provisions of 8 U.S.C. 1252k) and
18 U.S.C. 4003. of the Immigration and Naturalization Service.
The general authorities set forth in proposed section 577(a) contain various
references to authorities that are available for a purpose related to law enforcement.
Proposed section 577(h) defines these references to law enforcement as indicating that the
authority applies to the activities of five specific bureaus of the Department of Justice. The
construction authority conferred by proposed section 577(a)(3) is available, however, only
for the Bureau of Prisons and the Immigration and Naturalization Service.
Proposed Section 578:
Authorizations and Exemptions Available for Undercover Investigative Operations
Proposed section 578 contains provisions which authorize the use of appropriated
funds for the conduct of undercover investigative operations. In addition, if certain
approval procedures are followed, the proposed section exempts such operations from
federal acquisition, appropriations, property management and government corporation laws
which would otherwise be applicable to a federal agency. These exemptions may be used
if complying with those federal laws would risk compromise of the undercover nature of the
investigation.
Proposed Section 578(a):
The authorizations and exemptions provided below may be utilized for undercover
operations conducted by the following bureaus of the Department of Justice: the Federal Bureau
of Investigation. the Drug Enforcement Administration. the Immigration and Naturalization
Service and the United States Marshals Service As used herein, the head of a bureau refers.
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respectiveiy, to the Director of the Federal Bureau of Investigation. the Administrator of the
Drug Enforcement Administration. the Commissioner of the Immigration and Naturalization
Service and the Director of the United States Marshals Service.
This provision lists the law enforcement bureaus that may utilize the authorizations and
exemptions available for undercover investigative operations.
Proposed Section 578(bi:
(1) An exempt undercover operation refers to any operation designed and necessary _to
detect and prosecute crimes against the United States as to which the head of a bureau. or his
designee. and the Attorney General. or his designee. have certified in writing that any action
authorized by this section is necessary for the conduct of that undercover investigation: provided
that as to undercover investigative operations of the Federal Bureau of Investigation any
designee for the Director of the Federal Bureau of Investigation and aro, designee for the
Attorney General shall be a member of the Undercover Operations Review Committee.
(2) An exempt undercover operation also refers to any operation of the Federal Bureau
9f Investigation designed and necessary to collect foreign intelligence or to conduct foreign
counterintelligence, as to which the Director of the Federal Bureau of Investigation, or the
Assistant Director of the Intelligence Division if so designated by the Director, and the Attorney
General. or the Counsel for Intelligence Policy if so designated by the Attorney General. have
ce fled in writing that any action authorized by this section is necessary for the conduct of that
undercover investigation.
(3) The type of exemptions sought for each operation shall be specified on the
certftation and the use of the exemptions for each operation will be reviewed during the
operation by the official designated by the head of the bureau pursuant to subsection (b)(1)
or (2) of this section.
This provision establishes high level approval procedures to be followed within the
Department of Justice in order for an available exemption to be applicable to a given
criminal law enforcement, foreign intelligence or foreign counterintelligence undercover
investigation operation.
Proposed Section 578(c):
(1) Appropriations may be used for purchasing or leasing property. buildings. facilities.
space. goods. insurance, licenses and any equipment necessary to establish and/or operate an
undercover operation. These acquisitions shall be made in accordance with prevailing
commercial practices so long as such practices are consistent with the purposes of the
undercover operation. Laws applicable to federal acquisitions. federal property management
and federal appropriations shall not apply to any acquisition for an exempt undercover
operation where compliance with such laws would risk compromise of the undercover nature
of the investigation.
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(2) Appropriations may be used to establish, acquire and,/or operate proprietary
corporations or business entities in accordance with prevailing commercial practices so long
? t wit h s I I ' I t .11-1" ? I ?TLI e shca
.1 I
er0
to federal appropriations and government corporations shall not app41 to any transaction for
an exempt undercover operation where compliance with such laws would risk compromise of
the undercover nature of the investigation.
(3) Appropriations and the proceeds from an exempt undercover operation may be
,anal ?
'
er
0
? .0 iS?
" LA Liu!
reasonable expenses incurred in such operation without deposit in the Treasury: provided that,
as soon as wev such proceeds are no longer necessary for the conduct of such operation. such
proceeds or the balance of such proceeds remaining at the time shall be deposited in the
Treasury of the United States as miscellaneous receUxs.
This provision contains the three basic types of authorizations and exemptions available
for undercover operations. Such operations may conduct their business transactions in
accord with prevailing commercial practices. The exemptions available through this
provision allow the undercover operation to proceed with these transactions without
complying with certain classes of federal laws which would be applicable to such
transactions solely because a government agency rather than a private entity, was a party
to the transaction. These exemptions may be used if complying with the law in question
would risk disclosure of the fact that the supposed private person or entity conducting the
operation is, in fact, a government agent or agency.
Exemptions may be obtained from federal acquisition laws, property management laws,
appropriation laws, and laws relating to government corporations. These categories of
federal law may be defined, and the need for exemptions illustrated, as follows:
Federal acquisition laws govern the acquisition by contract of supplies or
services by purchase or lease using appropriated funds. These activities are
principally governed by Title 41 of the United States Code. Requirements
that may be incom- patible with undercover operations include: the
requirement to advertise proposed purchases and proposed contracts for
supplies or services, 41 U.S.C. 5, and the inclusion of certain contract
provisions such as the Walsh-Healey Act representations and stipulations
required by 41 U.S.C. 35, the requirement to purchase blind-made products,
41 U.S.C. 46-48C; the prohibition on advance payment to contractors, 41
U.S.C. 255; and the requirements for full and open competition, 41 U.S.C.
253.
Federal property management laws govern the control and use of Federal
real and personal property. These activities are principally governed by Title
40 of the United States Code. Restrictions that may be incompatible with
undercover operations include: limitations on the leasing of space in the
District of Columbia, 40 U.S.C. 34; restrictions on construction loans for
office buildings by Government Corporations, 40 U.S.C. 33a; limitation on
a Government Corporation's leasing of buildings in addition to the limitation
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on rental rates, 40 U.S.C. 129; and the prohibition against any lease provision
regarding the repair of real property, 40 U.S.C. 303b.
Federal appropriations laws refer to any act of Congress that permits Federal
agencies to incur obligations and to make payments out of the Treasury for
specified purposes. Fiscal transactions are principally governed by Title 31
of the United States Code. Restrictions that may be incompatible with
undercover operations include: the proscription against the depositing of
money in banks or lending money 31 U.S.C. 3302(a); the requirement that all
proceeds shall be deposited into the Treasury 31 U.S.C. 3302(b); the
requirement that contracts and leases must be reexecuted at the beginning of
each fiscal year 32 U.S.C. 1341; the prohibition against the acceptance of
voluntary services 31 U.S.C. 1342; the proscription against installing
telephones in private residence 31 U.S.C. 1348; and the requirement that
agreements be in writing in order to record an amount as an obligation 31
U.S.C. 1501.
Government corporation laws govern corporations that are owned by the
Federal Government. While undercover proprietaries are not government
corporations in the classical sense, they nonetheless may meet the definition
set out in 31 U.S.C. 9101(1). Government corporations are principally
governed by Title 31 of the United States Code. Requirements pertaining to
Government corporations that may be incompatible with undercover
operations include: the requirement that each corporation established or
acquired by an agency be specifically authorized by Congress 31 U.S.C. 9102;
the requirement for budget submission 31 U.S.C. 9103; and the limitation on
the obligations that may be issued by a Government corporation, 31 U.S.C.
9108.
Proposed Section 578(d).:
If a corporation or business entity established or acquired as part of an undercover
operation under subparagraph (2) of paragraph (c) with a net value of over $150.000 is to be
liquidated. sold, or otherwise disposed of the head of the bureau. as much in advance as he
or his designee determines is practicable. shall report the circumstances to the Attorney General.
The proceeds of the liquidation. s le, or other disposition. after obligations are met, shall be
deposited in the Treasury of the United States as miscellaneous receipts.
This provision allows for the orderly liquidation of corporations or business entities
valued in excess of $150,000, which have been acquired during an undercover operation.
Any excess proceeds, after meeting obligations, are to be deposited in the Treasury as
miscellaneous receipts.
Proposed Section 578(e):
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(I) The Attorney General shall direct and supervise a detailed financial audit of each
ratis w ich ' I L ar I ' :7 t_Le ? h E al ar
a_repQtaike_Canaesiseacernins_sisb_auslil.
IV For purposes of these audit and reporting requirements:
(A) the term "closed" refers to the point in time at which-
(i) all criminal proceedings (other than appeals) are concluded, or
(ii) covert activities are concluded, whichever occurs later;
(B) the terms 'undercover investigative operation' and 'undercover operation' means
any undercover investigative operation of a bureau (other than a foreign
counterintelligence undercover investigative operation)-
LU in which-
fal the gross receipts (excluding interest earned) exceed $150.000. or
expenditures (other than expenditures for salaries of employees) exceed
$150.000. and
(iu which is exempt from laws applicable to federal appropriations and
government corporations.
If an undercover investigative operation has made use of exemptions from federal
appropriations laws and from laws regarding government corporations and has had receipts
or expenditures in excess of $150,000 the Attorney General must direct and supervise an
audit of the undercover operation once it has been closed. The results of the audit must
be transmitted to Congress within 180 days after the undercover operation was closed. This
audit requirement does not apply to foreign counterintelligence undercover operations.
Proposed Section 578(f)
The Commissioner of the Immigration and Naturalization Service. or his designee. and
the Director of the United States Marshals Service or his designee. shall include in the
certification required by subsection fb)(1) of this section: the expected time period for utilizing
the exemptions. the expected resources to be committed, a des 'ption of the circumstances for
using the exemptions. and a specification of the scope of the effort.
This provision provides that additional information shall be provided by the
Immigration and Naturalization Service and the United States Marshals Service when either
bureau certifies to the Attorney General that the action is necessary for the conduct of an
undercover investigation. In addition to specifying the type of exemptions sought, the
Commissioner of the Immigration and Naturalization Service or his designee and the
Director of the United States Marshals Service shall include in the certification the
expected time period for utilizing the exemptions, the expected resources to be committed,
a description of the circumstances for using the exemptions, and a specification of the scope
of the effort.
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Proposed Bill Section 202:
Section 6 of the Act of July 28. 1950 (64 Stat. 380). 8 U.S.C. 1556. is hereby repealed.
This provision will repeal the current authorizations set out in Title 8 for the
Immigration and Naturalization Service. These same authorizations will be available to the
Service under 28 U.S.C. 577 as proposed above.
Proposed Bill Section 203:
Sections 4043 and 4044 of Title 18. United States Code and section 871(c) of Title 21,
United States Code. are hereby repealed.
This provision repeals specific gift acceptance authorizations for the Bureau of
Prisons and the Drug Enforcement Administration. The Attorney General will be able to
accept gifts for the benefit of any component of the Department under 28 U.S.C. 577(c) as
proposed above.
IITLE M
Additional Permanent Legislation
Proposed Bill Section 301:
The Attorney General is authorized to use Department of Justice appropriations to
make payments for assistance to individuals under section 501(c) of the Refugee Education
Assistance Act of 1980 (P.L. 96-422) without regard to section 501(e)(2)(13) of that Act, which
prohibits such assistance to individuals with respect to whom afinal. nonappealable. and legally
enforceable order of deportation or erclusion has been entered. Such payments may include
grants which shall be administered by the Community Relations Service.
Title V of the Refugee Education Assistance Act of 1980 (P.L. 96-422) was enacted
primarily to provide federal reimbursement for State and local goverment expenditures for
Cuban and Haitian entrants. However, because of the way section 501(e) of the Act
defines Cuban and Haitian entrants, funds provided for this program cannot be applied to
Cuban and Haitian entrants who are under "final, nonappealable, and legally enforceable
orders of deportation or exclusion." When Cuba refused to accept these individuals, this
provision became necessary in order to overcome the restricting clause so benefits could be
provided to these entrants. An agreement has been negotiated between the United States
and Cuba which provides for repatriation of 2,746 Marie! Cubans. It is anticipated that this
repatriation will ultimately have an effect on Community Relations Service activities;
however, currently repatriation activities have ceased and therefore, it is not possible to
predict when or to what extent, the reception, processing and care of Cubans and Haitians
program will be effected.
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?
Proposed Bill Section 302:
Section 287 of the Immigration and Nationality Act of 1952 (66 Stat. 233) as amended
(8 USC. 1357) is further amended by adding the _following at the end thereof:
ael Under the direction of the Attorney General. agents and officers of the Immigration
and Naturalization Service are authorized to:
(1) carry a firearm:
121 execute and serve any order, warrant. subpoena summons. or other process
issued under the authority of the United States:
UI make an arrest without a warrant for any offense against the United States
committed in the officer's presence or for a felorly. cognizable under the laws
of the United States committed outside the officer's presence if the o_fficer has
reasonable grounds to believe that the person to be arrested has committed
or is committing a felony:
ill perform any other law enforcement duty that the Attorney General may
aesignate:
La the authority conferred by subsections (1) through (4) of this section does
not affect the investigative jurisdiction of any other federal law enforcement
agency.
This provision would provide law enforcement authorities that will be available to
agents and officers fo the Immigration and Naturalization Service (INS). The authorities
listed below will be available to the extent provided for by the Attorney General in
implementing regulations.
(1) INS officers carry firearms pursuant to an implied authority arising from their
law enforcement function. This provision would make that authority explicit.
(2) INS officers currently have authority to execute warrants in immigration related
cases only. This provision would allow INS officers to execute warrants in other
cases as well.
(3)
INS officers make over 1,000,000 arrests a year for immigration offense. During
the course of those arrests they often encounter other violations of law,
principally narcotics and customs violations. At present, INS officers can only
effect a "citizen's arrest" under state law for these offenses. This provision would
give INS officers general arrest authority so that they can effect arrests for these
offenses under federal law.
(4) This provision would allow the Attorney General to assign other law
enforcement duties to INS officers, for example, assisting in joint narcotics
interdiction task forces.
(5)
This provision confirms that any additional authorities conferred upon INS
officers do not affect the authorities of any other federal law enforcement
agencies.
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Proposed Bill Section 303:
Chapter 307 of Title 18. United States Code. is amended by deleting the first paragraph
9f section 4121 and inserting a new first paragraph as follows:
'Federal Prison Industries', a government corporation of the District of Columbia. shall
be administered by a board of six directors. appointed by the President to serve at the
will of the President. Members of the board who are not employees of the Federal
Government or the District of Columbia shall be paid for their services at the daily
equivalent of the rate payable for GS-18 of the General Schedule in section 5332 of
Title 5. United States Code."
Chapter 307 of Title 18, United States Code, contains various sections dealing with
the Federal Prison Industries, (FPI), Inc. FPI was created by Congress in 1934 and is a
wholly-owned Government corporation. It is administered by a Board of Directors.
Proposed section 305 amends section 4121 of Title 18 to authorize compensation for service
as a member of the Board of Directors of FPI.
Proposed Bill Section 304:
Chapter 307 of Title 18. United States Code. is amended by adding the following new
section:
"?4129. General authorizations - Federal Prison Industriesinc.
"Federal Prison Industries. Incorporated is authorized to make such expenditures and
to make such contracts and commitments. without regard to fiscal year limitations, as may be
necessary in carrying out the program set forth in the budget for the current fiscal year for such
corporation, including purchase and hire of passenger motor vehicles.
FPI's mission is to employ and train Federal inmates through a diversified program
providing products with a minimum of competition to private industry and labor.
Employment provides inmates with work, develops occupational knowledge and skills, and
earns money for personal expenses and family assistance.
The proposed section 306 enacts a new section 4129 which will provide FPI with
appropriate authorizations for the conduct of its activities.
Proposed Bill Section 305:
Section 4204(b) of Title 18. pertaining to the United States Parole Commission. is
amended by adding at the end thereof the following new subsection:
"(a) the lease or purchase of passenger motor vehicles."
The lease or purchase of passenger motor vehicles is generally prohibited by 31
U.S.C. 1343 unless specifically authorized by statute. Passenger vehicles are needed by the
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Parole Commission for transporting hearing examiners to hearing locations. This provision
would give the Commission the necessary authority for acquiring passenger motor vehicles.
Proposed Bill Section 306:
Section 263 of title 22. United States Code. is amended by inserting the following at the
end thereof.
The Attorney General on his designee is also authorized to make payments from
Department of Justice Tpropriations for expenses necessary to host. at intervals of ten years or
longer, the annual meeting of the General Assembly of INTERPOL and to periodically sponsor
INTERPOL conferences on topics of fntemational crime."
The additional legislative authority being proposed is extremely important to
INTERPOL-USNCB. Currently, the United States, through the INTERPOL-USNCB, is
exerting a greater leadership role in the international organization. In this regard, the
INTERPOL-USNCB, with substantial member country support, has successfully initiated
an ongoing fiscal audit and review of the INTERPOL General Secretariat and plans are
currently being made to implement a similar management review of the General
Secretariat.
Additionally, during the recent meeting of the General Assembly, the United States
achieved the support of the majority of the INTERPOL member countries in passing
specific resolutions relating to international crime. The increasing leadership role of the
United States in the international organization also is reflected by this country's successful
efforts to seek and win the Presidency of INTERPOL in 1984. As United States
involvement continues to expand, it is important that a highly credible United States image
is maintained and that INTERPOL member countries perceive that the United States is
assuming a greater participatory role in the organization.
One way to accomplish this objective is for the INTERPOL-USNCB to host the
annual meeting of the INTERPOL General Assembly at intervals of approximately ten
years or more. The proposed legislative language would clarify the USNCB's role in
hosting such annual meetings and other conferences.
Proposed Bill Section 307:
Section 1622d of Title 22. United States Code. pertaining to the Foreign Claims
Settlement Commission. is amended by adding at the end thereof the following new paragraph.
The Commission is au horized to hire passenger motor vehicles, for field use only. and
to purchase insurance for official motor vehicles used abroad. The Commission may advance
funds abroad and may advance funds to to other government departments or agencies in
connection with reimbursable agreements. The Commission is also authorized to employ aliens
abroad and. with the approval of the Secretary of State. to acquire necessary qffice space and
living quarters abroad and to maintain. repair. furnish and provide utilities for such properties."
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This provision gives additional permanent spending authorizations to the Foreign
Claims Settlement Commission. All of these authorizations have been available to
Commission under language contained in prior Department of Justice Appropriations Acts.
TITLE IV
Program Reductions and Terminations
The following provisions effectuate program reductions and terminations mandated
by the Presidents's 1989 Budget. These provisions are consistent with the need to reduce
federal spending and limit expenditures of the Department to core functions.
Proposed Bill Section 401:
Section 517(b) of the Comprehensive Crime Control Act of 1984 (P.L. 98-473, 98 Stat.
2075), 21 U.S.C. 873(d). is hereby repealed.
This provision would repeal the Attorney General's authority to make grants to state
and local governments to assist in suppressing the diversion of controlled substances from
leitimate medical, scientific and commercial use. This program has never been funded by
Congress.
Proposed Bill Section 402:
Section 609 of the Comprehensive Crime Control Act of 1984 (P.L. 98-473, 98 Stat.
2088-90). 42 U.S.C. 3769 through 3769d. is hereby repealed.
This provision would repeal the authority of the Director of the Bureau of Justice
Assistance to make grants to state and local governments to assist in the construction of
correctional facilities. No monies have ever been appropriated for this program.
Proposed Bill Section 403:
Part A. sections 204-206. Part B. sections 221-229. and Part e sections 241-248, and
261: and Part D. sections 281 and 282. of the Juvenile Justice and Delinquency Prevention
Act of 1974 (P.L. 93-415. 88 Stat. 1109). as amended by the Anti-Drug Abuse Act of 1988,
p.L. 100-690 (Nov. 18. 1988). are hereby repealed. effective October 1. 1989.
This provision would repeal the authority of the Administrator of the Office of
Juvenile Justice and Delinquency Prevention to make grants to state and local governments
for juvenile justice programs, and to provide funding for Federal program coordination
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v ok V
and concentration of Federal programs, and for prevention and treatment programs relating
to juvenile gangs and drug abuse and trafficking.
Proposed Bill Section 404:
Section 501 of the Immigration Reform and Control Act of 1986. P.L. 99-603. (October
14. 1986) is hereby repealed effective October 1. 1989.
This provision would repeal the authority of the Attorney General to reimburse
states for costs of incarcerating illegal aliens and certain Cuban nationals.
TITLE V
Tables of Chapters and Sections
The provisions in this part of the bill correct tables of chapters and sections within the
United States Code to conform to amendments effected earlier in the bill.
Proposed Bill Section 501:
The table of sections for chapter 303 of Title 18. United States Code. is amended by
deleting the items relating to sections 4043 and 4044 and inserting the following:
"4043. Repealed."
"4044. Repealed."
This provision should be enacted if proposed bill section 203 is enacted.
Proposed Bill Section 502:
The table of sections for chapter 307 of Title 18. United States Code. is amending by
inserting after the item relating to section 4128 the following new item:
"4219. General Authorizations - Federal Prison Industries. Inc."
This provision should be enacted if proposed bill section 304 is enacted.
Proposed Bill Section 503:
The table of chapters for part II of Title 28. United States Code. is amended by inserting
after the item relating to chapter 37 the following new item:
"38. General Authorizations 577."
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This provision should be enacted if proposed bill sections 201 and 310 are enacted.
Proposed Bill Section 505:
The table of sections for Chapter 38 of Title 28 United States Code. shall read as
follows:
"577. General authorizations."
"578. Authorizations and exemptions available for undercover investigative operations.
"579. Reimbursement of Litigation Expenses."
This provision should be enacted if proposed bill section 201 is enacted.
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