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JGR/Environmental Protection Agency - [H.R. 2912, DOJ 1984 Authorization Bill]
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JGR/Environmental Protection Agency - [H.R. 2912, DOJ 1984 Authorization Bill]
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John Roberts' Subject Files
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Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Roberts, John G.: Files Folder Title: JGR/Environmental Protection Agency - [H.R. 2912, DOJ 1984 Authorization Bill] Box: 22 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ THE WHITE HOUSE WASHINGTON July 25, 1983 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS SUBJECT: Justice Report on Section 11 (c) of H.R. 2912, the DOJ FY '84 Authorization Bill Jim Murr has provided us with a copy of the proposed Justice Department report on section 11 (c) of its pending FY 1984 Authorization Bill, and has indicated he will clear the report unless he hears from us to the contrary by noon today. You will recall that we urged the interposition of an objection to section 11 (c) when we were first provided with a copy of the bill (copies of previous memoranda attached). Section 11 (c), drafted in response to the EPA contempt controversy and the filing of United States V. The House of Representatives, basically provides that in such cases the Attorney General may not proceed in the name of the United States but only on behalf of a particular agency or the President. Justice's proposed letter opposes 11 (c), primarily for the reason stated in our earlier memorandum: the Attorney General always represents the United States, even when exercising the Executive's prerogative to determine that an Act of Congress is unconstitutional. Justice's draft goes on to make several other subsidiary objections, the most prominent being that the provision, if included at all, should be limited to inter-branch disputes. The Attorney General often refrains from defending the consitutionality of a provision in a manner unobjectionable to Congress, e.g., when the Supreme Court has indicated that a provision not affecting relations between the branches is unconstitutional. I have no objection to the proposed report. ID # CU WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET 0 - OUTGOING H INTERNAL I . INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Jim Murr MI Mail Report User Codes: (A) (B) (C) Subject: Justice Report on See. 11 (c) of Bill R. 2912, the DOJ FY '84 authorization ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD Cr Holland ORIGINATOR 83,07,22 / / Referral Note: W AT 18 A 83,07,22 5 83,07,25 NOON Referral Note: / / / / - Referral Note: / / / / - Referral Note: / / / / - Referral Note: ACTION CODES: DISPOSITION CODES: A Appropriate Action I * Info Copy Only/No Action Necessary A Answered C Completed C - Comment/Recommendation R Direct Reply w/Copy B * Non-Special Referral S Suspended D - Draft Response S For Signature F - Furnish Fact Sheet X Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE: Type of Response = Initials of Signer Code = "A" Completion Date = Date of Outgoing Comments: Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET ROUTE SLIP Frank Seidl Take necessory action TO Approval or signature Fred Fielding Comment Mike Horowitz Prepare reply Mike Uhlmann Discuss with me For your information See remarks below FROM Jim Murr (x4870) 700M 7/22/83 DATE REMARKS Justice Report on Sec. 11 (c) of H.R. 2912, the DOJ FY'84 Authorization Bill There was a consensus during our earlier review of this bill that sec. 11 (c) is objectionable. This section provides that, in certain cases, the Attorney General shall not proceed with a legal action in the name of the United States. The attached Justice report expresses opposition to sec. 11 (c). Unless I bear otherwi from you by noon on Monday, July 25, we will clear the report. 22 Attachment SPECIAL OMB FORM 4 REV AUG 70 U.S. Department of Justice Office of Legislative Affairs Office of the Assistant Attorney General Washington, D.C. 20530 Honorable Peter W. Rodino, Jr. Chairman Committee on the Judiciary House of Representatives Washington, D.C. 20515 Dear Mr. Chairman: Section 11 (c) of the Department of Justice Appropriations Authorization Act for Fiscal Year 1984, H.R. 2912, as reported by the Committee on May 16, 1983, provides: "During Fiscal Year 1984 and notwithstanding any other provision of law, in any case in which the Attorney General determines that the Department of Justice will refrain from defending or will con- test the constitutionality of any statute or provision of law, or in which the Attorney General determines that the Department of Justice will bring, or authorizes the bringing of, an action challenging or contesting the validity of any statute or provision of law, the Attorney General shall not proceed in the name of the United States, but only in the name of the agency or department on whose behalf the Attorney General appears, or the President if the Attorney General appears on the President's behalf." The Committee Report on the bill states that the purpose of the provision, which is proposed in this form for the first time, / is "to prohibit the Department of Justice from filing suit, as was recently done in the United States of America V. U.S. House of Representatives, et. al., in the name of the United States against a part of one of the branches which make up the sovereign United States.' H.R. Rep. No. 181, 98th Cong., 1st Sess. 16 (1983). We oppose inclusion of § 11 (c) in its present form in H.R. 2912 for the reasons set forth below. / A differently worded provision in the Department's Appropriations Authorization Act for FY 1980 deals with the same subject matter. See § 21 (c) of P.L. No. 96-132, 93 Stat. 1049-50, incorporated in P.L. No. 97-92. We have similar interpretive difficulties with this enacted version which we would be glad to share with the Committee if it so desires. We assume that it was merely because of a drafting error that § 11 (c), unlike § 11 (a) and (b), is not explicitly limited to federal statutes. On its face, § 11 (c) appears to apply to state statutes as well. There are times when the Attorney General brings suit to challenge a state statute on the ground that it is preempted by the Constitution or a federal statute. We do not believe that Congress intended in H.R. 2912 to address that situation, which does not create any potential conflict between the Executive and Legisla- tive Branches. We assume, therefore, that § 11 (c) is intended, like § 11 (a) and (b), to apply only to federal statutes. The remainder of our discussion depends on this assumption, which should be clarified in the text of the provision if it is enacted. Section 11 (c) raises several problems. When the Attorney General, on behalf of the President, evaluates the constitutionality of a provision of federal law, and makes a determination not to enforce or defend that provision, he exercises the Executive's con- stitutional obligation flowing from the "take care" Clause of Art. II, § 3. Such instances are exceedingly rare. Nevertheless, they have occurred in the past, particularly when the Department con- cluded that a statutory provision intruded on the Executive's con- stitutional prerogatives. In even fewer situations, the Department concluded that prior precedent overwhelmingly indicated that a federal statute was unconstitutional. To the extent that the pro- vision prevents the Attorney General from informing the Court that the views of the Executive Branch are the views of the United States insofar as the enforcement of the statute is concerned, we believe that it constitutes an impermissible infringement on the powers of the Executive Branch as the legal representative of the United States. Section 11 (c) as drafted is overbroad if its purpose is merely to prohibit the Attorney General from proceeding in the name of the United States in cases in which Congress or one House thereof is a party. By its terms, § 11 (c) applies to all cases in which the Attorney General (1) refrains from defending, or contests the con- stitutionality of, any federal statute, or (2) brings or authorizes an action to challenge or contest the validity of any federal statute. There are cases in the first category in which the Attorney General concludes, on the basis of prior precedent, that he cannot defend a federal statute. Until the recent amendments to the social security laws, for example, certain provisions contained gender-based distinc- tions long after repeated holdings by the Supreme Court and the lower federal courts that such distinctions were unconstitutional. The Attorney General has at times concluded, in the fulfillment of his constitutional responsibilities, that he could not defend such pro- visions, at least after they had been held unconstitutional by a trial court. In light of the amendments by congress to the social security laws, termination of the defense of the prior version actually may be said to effectuate the intent of Congress, as well as, of course, to uphold the Constitution. Moreover, we are unaware of any situation as described by the second clause where the Attorney General has authorized the bringing of "an action to challenge or contest the - 2 - validity of any statute or provision of law" other than in an interbranch dispute. For these reasons, we believe that, at a bare minimum, § (c) should be amended explicitly to limit its application to cases in which Congress is a party. There are independent reasons for deleting the first clause of § 11 (c). This first category seems to describe cases in which the Government is the defendant. Thus, on the premise that the only cases to which Congress intends § (c) to apply are cases involving interbranch disputes between the Executive and Legislative Branches, this first clause of $ 11 (c) is unnecessary because Congress would be the plaintiff in these cases and can effectuate its intent that the Executive Branch not call itself "the United States" simply by styling the case to name the defendant by the agency or department, or the President, as Congress apparently wishes the defendant to be called. The application of the first clause of § 11 (c) to cases other than those in which the Congress is the plaintiff is troublesome, not only because it does not accord with the intent of Congress as described in the House Report quoted above, but also because the specific procedure envisioned is unclear. If the plaintiff has named the "United States" as the defendant, and that designation is otherwise correct in the particular case, we are unclear just what the Attorney General should do in order not to "proceed in the name of the United States." Presumably, the Attorney General, upon determining that he cannot defend the constitutionality of the provision, / is expected also to notify that court that the proper named defendant from that point on is the agency or department involved, or the President, and to move for "substitution" of the defendant. If the first clause of $ 11 (c) is retained, some clarification of what is meant by "not proceed [ing] in the name of the United States" in cases in which the "United States" is the correct named defendant would seem to be necessary. There is also a discrepancy between the first and second categories of cases to which $ 11 (c) now refers. The first clause refers to a case contesting the "constitutionality" of a provision of law, while the second clause refers to an action challenging or contesting the "validity" of a provision of law. 1 / The first clause of § 11 (c) also relates to instances in which the Attorney General "will contest the constitutionality of a provision of law." We are not aware of a case in which the United States as the defendant has "contested" the constitutionality of a provision of law. We believe that the better description of the Attorney General's action in cases of this sort is simply that he refrains from defending the provision. We recommend that if the first clause of § 11 (c) is to be retained at all, it should be amended to delete the words "or will contest." -3- The Executive has historically been exceedingly cautious in exercising its independent responsibility and authority to assess the enforceability of a provision of law. We believe that the proper characterization of the assessment which is made relates to the narrower concept of the "constitutionality" and not what may be the broader concept of the "validity" of the provision. Thus, we recommend that the second clause of § 11 (c) be amended by substituting "constitutionality" for "validity." The Office of Management and Budget has advised that there is no objection to the submission of this report from the stand- point of the Administration's program. Sincerely, Robert A. McConnell Assistant Attorney General - 4 - THE WHITE HOUSE WASHINGTON June 7, 1983 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS DR SUBJECT: H.R. 2912 as Reported (Report Number 98-181) the "Department of Justice Appropriation Authorization Act, Fiscal Year 1984" James Murr of OMB has asked for our views by close of business June 10, 1983 on sections 11 and 13 of H.R. 2912, the Department of Justice Appropriation Authorization Act for Fiscal Year 1984. The bill has been reported out of the House Judiciary Committee. Section 11 requires the Attorney General to report to Congress whenever he decides either to refrain from enforcing an act of Congress on the ground that it is unconstitutional, or to contest or refrain from defending the constitutionality of an act of Congress. In addition, section 11 (c) provides that in the latter circumstance the Attorney General shall proceed not in the name of the United States but only in the name of the department on whose behalf he appears, or in the President's name if he appears on behalf of the President. Section 13 would suspend the effectiveness of the new FBI Guidelines until January 1, 1984. The requirement that the Attorney General advise Congress when he takes action or declines to take action on the ground that an act of Congress is unconstitutional does not strike me as objectionable. The Committees report notes that such a requirement has been added as a floor amendment to the Justice authorization bill "each year." Section 11 (c) is unprecedented, however, and highly objectionable. Whenever the Attorney General appears in court, he represents the United States, regardless of whether the Congress agrees with his position. Part of the Attorney General's representa- tion of the United States involves the exercise of the independent prerogative of the Chief Executive to determine that a given act is unconstitutional. Although the impact of section 11 (c) would be largely symbolic, we should nonetheless be loath to accept any infringement of the related principles that the chief legal -2- officer of the United States acts for the United States -- not just the executive branch -- and that he so acts even when deciding that an act of Congress is unconstitutional. Section 13 would suspend the new FBI Domestic Security, Informant, and Undercover Guidelines until January 1, 1984. The Committee report states that the purpose of the delay is to permit consultation between the Committee and the Depart- ment on the new guidelines. In fact, such consultation took place prior to announcement of the new guidelines and again after their promulgation. The new guidelines are the result of a painstaking process, and reverting to the old guidelines for a "consultation period" would cause confusion in the field and demoralize the agents. I have drafted a memorandum to Murr registering our ob- jections to subsection 11 (c) and section 13. Attachment THE WHITE HOUSE WASHINGTON June 7, 1983 MEMORANDUM FOR JAMES C. MURR OFFICE OF MANAGEMENT AND BUDGET FROM: FRED F. FIELDING Orig. signed by FFF COUNSEL TO THE PRESIDENT SUBJECT: H.R. 2912 as Reported (Report Number 98-181) the "Department of Justice Appropriation Authorization Act, Fiscal Year 1984" You have asked for our views on sections 11 and 13 of the above-referenced reported bill. Subsections 11 (a) and 11 (b) would require that the Attorney General file reports with Congress in the event that he takes certain action or declines to take certain action on the ground that an Act of Congress is unconstitutional. We have no serious objection to these provisions. Subsection 11 (c) provides that under certain specified circumstances the Attorney General shall not proceed in the name of the United States but only in the name of the department or agency on whose behalf he appears, or the President if he appears on behalf of the President. Under our system of separated powers, however, whenever the Attorney General appears in court, he appears on behalf of the United States, even if he exercises the independent prerogative of the Chief Executive to determine that an Act of Congress is unconstitutional. We object to subsection 11 (c) as an infringement on the principle that part of the Executive's authority and responsibility to enforce the law on behalf of the United States includes the authority to assess the constitutionality of legislation. While we defer to the Department of Justice with respect to section 13, it is our understanding that the department has already had extensive consultations with the Committee with respect to the new FBI Guidelines. It is difficult to see what purpose would be served by delay in implementing the new rules, and any such delay could have the adverse effect of confusing and demoralizing agents in the field. CC: The Attorney General FFF: JGR:aw 6/7/83 CC: FFFielding/JGRoberts/Subj./Chron THE WHITE HOUSE WASHINGTON June 7, 1983 MEMORANDUM FOR JAMES C. MURR OFFICE OF MANAGEMENT AND BUDGET FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: H.R. 2912 as Reported (Report Number 98-181) the "Department of Justice Appropriation Authorization Act, Fiscal Year 1984" You have asked for our views on sections 11 and 13 of the above-referenced reported bill. Subsections 11 (a) and 11 (b) would require that the Attorney General file reports with Congress in the event that he takes certain action or declines to take certain action on the ground that an Act of Congress is unconstitutional. We have no serious objection to these provisions. Subsection 11 (c) provides that under certain specified circumstances the Attorney General shall not proceed in the name of the United States but only in the name of the department or agency on whose behalf he appears, or the President if he appears on behalf of the President. Under our system of separated powers, however, whenever the Attorney General appears in court, he appears on behalf of the United States, even if he exercises the independent prerogative of the Chief Executive to determine that an Act of Congress is unconstitutional. We object to subsection 11 (c) as an infringement on the principle that part of the Executive's authority and responsibility to enforce the law on behalf of the United States includes the authority to assess the constitutionality of legislation. While we defer to the Department of Justice with respect to section 13, it is our understanding that the department has already had extensive consultations with the Committee with respect to the new FBI Guidelines. It is difficult to see what purpose would be served by delay in implementing the new rules, and any such delay could have the adverse effect of confusing and demoralizing agents in the field. FFF: JGR: 6/7/83 CC: FFFielding/JGRoberts/Subj./Chror ID #. 144992 CU WHITE HOUSE FI004 CORRESPONDENCE TRACKING WORKSHEET o - OUTGOING Roberts H - INTERNAL I . INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: James C. MURR MI Mail Report User Codes: (A) (B) (C) Subject: He 2912.00 reported (Report Number 98-181) the Department of Justice appropriation authorization act, Fiscal year 1984 ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD WHOIL ORIGINATOR 83,06,01" WG / / Referral Note: CUAT 18 $ D 83,06,01 5 83,06,11 we Referral Note: / / / / - Referral Note: / / / / - Referral Note: / / / / - Referral Note: ACTION CODES: DISPOSITION CODES: A . Appropriate Action I . Info Copy Only/No Action Necessary A Answered C Completed C - Comment/Recommendation R. . Direct Reply w/Copy B - Non-Special Referral S Suspended D - Draft Response S For Signature F Furnish Fact Sheet X Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE: Type of Response = Initials of Signer Code = "A" Completion Date = Date of Outgoing Comments: Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 X7332 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET LISTED STATES WASHINGTON, D.C. 20503 May 27, 1983 LEGISLATIVE REFERRAL MEMORANDUM Legislative Liaison Officer TO: 144992cu Department of Justice Department of Health and Human Services SUBJECT: H.R. 2912, as reported (Report Number 98-181), the "Department of Justice Appropriation Authorization Act, Fiscal Year 1984." 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. Please provide us with your views no later than cob June 10, 1983. Direct your questions to me at (395-4870) James C. Murr for Assistant Director for Legislative Reference Enclosures CC: Roger Greene Frank Seidl Adrian Curtis Tara Treacy K. Wilson V. Zafra (Sec. (2(8) (A)) M. Whlmann (Secs. 11 and 13) F. Fielding (Secs. 11 and 13) M. Horowitz (Secs. 11 and 13) 25 1 Justice's program structure submitted to the Commit- 2 tees on the Judiciary of the Senate and the House of 3 Representatives, 4 (3) any reprograming action which involves less 5 than the amounts specified in paragraphs (1) and (2) 6 if such action would have the effect of making signifi- 7 cant program changes and committing substantive pro- 8 gram funding requirements in future years, 9 (4) increasing personnel or funds by any means 10 for any project or program for which funds or other re- 11 sources have been restricted, 12 (5) creation of new programs or significant aug- 13 mentation of existing programs, 14 (6) reorganization of offices or programs, and 15 (7) significant relocation of offices or employees. 16 SEC. 10. Notwithstanding section 501(e)(2)(B) of the 17 Refugee Education Assistance Act of 1980 (Public Law 96- 18 422; 94 Stat. 1810), funds may be expended for assistance 19 with respect to Cuban and Haitian entrants as authorized 20 under section 501(c) of such Act. 21 SEC. 11. (a) The Attorney General shall transmit a 22 report to each House of the Congress in any case in which the 23 Attorney General- 24 (1) establishes a policy to refrain from the en- 25 forcement, in fiscal year 1984, of any provision of law 26 1 enacted by the Congress, the enforcement of which is 2 the responsibility of the Department of Justice, because 3 of the position of the Department of Justice that such 4 provision of law is not constitutional, or 5 (2) determines that the Department of Justice will 6 contest, or will refrain from defending, in fiscal year 7 1984, any provision of law enacted by the Congress in 8 any proceeding before any court of the United States, 9 or in any administrative or other proceeding, because 10 of the position of the Department of Justice that such 11 provision of law is not constitutional. 12 (b) Any report required under subsection (a) shall be 13 transmitted not later than thirty days after the Attorney Gen- 14 eral establishes the policy specified in subsection (a)(1) or 15 makes the determination specified in subsection (a)(2). Each 16 such report shall— 17 (1) specify the provision of law involved, 18 (2) include a detailed statement of the reasons for 19 the position of the Department of Justice that such pro- 20 vision of law is not constitutional, and 21 (3) in the case of a determination specified in 22 subsection (a)(2), indicate the nature of the judicial, 23 administrative, or other proceeding involved. 24 (c) During fiscal year 1984 and notwithstanding any 25 other provision of law, in any case in which the Attorney HR 2912 RH 27 1 General determines that the Department of Justice will re- 2 frain from defending or will contest the constitutionality of 3 any statute or provision of law, or in which the Attorney 4 General determines that the Department of Justice will 5 bring, or authorizes the bringing of, an action challenging or 6 contesting the validity of any statute or provision of law, the 7 Attorney General shall not proceed in the name of the United 8 States, but only in the name of the agency or department on 9 whose behalf the Attorney General appears, or the President 10 if the Attorney General appears on the President's behalf. 11 SEC. 12. Section 408(c) of the Act of November 6, 12 1978 (Public Law 95-598-92 Stat. 2687(c)) is amended by 13 striking out "April 1984" and inserting in lieu thereof 14 "September 30, 1986". 15 SEC. 13. All investigations conducted prior to January 16 1, 1984, by the Federal Bureau of Investigation of activities 17 relating to domestic security shall be conducted in accordance 18 with- 19 (1) The Attorney General's Guidelines on Do- 20 mestic Security Investigations, 21 (2) The Attorney General's Guidelines on Use of 22 Informants in Domestic Security, Organized Crime, 23 and Other Criminal Investigations, and 24 (3) The Attorney General's Guidelines on FBI 25 Undercover Operations, 28 1 as in effect on October 1, 1982. 2 SEC. 14. None of the sums authorized to be appropri- 3 ated by this Act may be used or any activity the purpose of 4 which is to overturn or alter the per se prohibition of resale 5 price maintenance, in effect under the Federal antitrust laws. 6 SEC. 15. None of the sums authorized to be appropri- 7 ated by this Act may be used to transfer any position from 8 any legal division of the Department of Justice to any office 9 of any United States Attorney or to pay the salary of any 10 employee occupying any such position so transferred after 11 April 1, 1983. HR 2912 RH 27 eral determines that the Department of Justice will re- from defending or will contest the constitutionality of statute or provision of law, or in which the Attorney determines that the Department of Justice will or authorizes the bringing of, an action challenging or esting the validity of any statute or provision of law, the General shall not proceed in the name of the United but only in the name of the agency or department on behalf the Attorney General appears, or the President Attorney General appears on the President's behalf. SEC. 12. Section 408(c) of the Act of November 6, (Public Law 95-598-92 Stat. 2687(c)) is amended by out "April 1984" and inserting in lieu thereof ptember 30, 1986". SEC. 13. All investigations conducted prior to January 984, by the Federal Bureau of Investigation of activities to domestic security shall be conducted in accordance (1) The Attorney General's Guidelines on Do- mestic Security Investigations, (2) The Attorney General's Guidelines on Use of Informants in Domestic Security, Organized Crime, and Other Criminal Investigations, and (3) The Attorney General's Guidelines on FBI Undercover Operations, 28 1 as in effect on October 1, 1982. 2 SEC. 14. None of the sums authorized to be appropri- 3 ated by this Act may be used or any activity the purpose of 4 which is to overturn or otter the per se prohibition of resale 5 price maintenance, in effect under the Federal antitrust laws. 6 SEC. 15. None of the sums authorized to be appropri- 7 ated by this Act may be used to transfer any position from 8 any legal division of the Department of Justice to any office 9 of any United States Attorney or to pay the salary of any 10 employee occupying any such position so transferred after 11 April 1, 1983. HR 2912 RH 98TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 1st Session No. 98-181 DEPARTMENT OF JUSTICE AUTHORIZATION ACT, FISCAL YEAR 1984 MAY 16, 1983.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. RODINO, from the Committee on the Judiciary, submitted the following REPORT together with ADDITIONAL AND SUPPLEMENTAL VIEWS [To accompany H.R. 2912] [Including cost estimate of the Congressional Budget Office] The Committee on the Judiciary, to whom was referred the bill (H.R. 2912) to authorize appropriations to carry out the activities of the Department of Justice for fiscal year 1984, and for other pur- poses, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment to the text of the bill is a complete substitute therefor and appears in italic type in the reported bill. PURPOSE H.R. 2912 authorizes appropriations for the purpose of carrying out most activities of the Department of Justice for the fiscal year beginning October 1, 1983. BACKGROUND Since 1837 the Rules of the House of Representatives have in- cluded the provision now found at clause 2 of rule XXI: [N]o appropriation shall be reported in any general ap- propriation bill, or be in order as an amendment thereto, for any expenditure not previously authorized by law. 11-006 0 2 3 The Department of Justice was created by act of Congress in Section 2 of the bill authorizes appropriations in the following 1870, more than 30 years following the adoption of the rule. Legis- amounts: lative jurisdiction over almost every activity within the Depart- (1) For general administration, $56,364,000; ment reposes in the Judiciary Committee. Yet the Department, (2) For the U.S. Parole Commission, $7,836,000; until 1978, had never been required to come before the Judiciary (3) For general legal activities, $160,440,000; Committee, nor indeed before the larger Congress, for authoriza- (4) For the Antitrust Division, $45,791,000; tion of its annual appropriations. (5) For the Foreign Claims Settlement Commission, $954,000; In 1976, however, the Congress enacted Public Law 94-503, title (6) For the U.S. Attorneys and Marshals, $362,707,000; II of which explicitly states that beginning in fiscal year 1979 no (7) For the U.S. Trustees, $10,000,000; sums shall be deemed to be authorized to be appropriated for the (8) For support of U.S. prisoners, $44,768,000; Department of Justice. Under the terms of the 1976 statute, specif- (9) For fees and expenses of witnesses, $38,266,000; ic authorizing legislation is now required in order for the Depart- (10) For the Community Relations Service, $33,238,000; (11) For the Federal Bureau of Investigation, $1,055,690,000; ment to qualify for the appropriating process.¹ The bill, H.R. 2912, was retained at the full Committee. Prior to (12) For the Immigration and Naturalization Service, $606,807,000; the mark up in the Committee, each of the subcommittees of the (13) For the Drug Enforcement Administration, $284,473,000; Committee on the Judiciary had an opportunity to examine those (14) For the Federal Prison System, $498,070,000; aspects of the authorization within their respective jurisdiction. (15) For organized crime drug enforcement activities $89,949,000; Several of the subcommittees held oversight hearings and specifi- The bill also contains one open-ended authorization (Section 5, cally focused on the authorization process in those hearings. Each "such sums as may be necessary") for fiscal 1984. The authoriza- of the subcommittees then had the opportunity to submit their rec- tion therein provides for nondiscretionary increases in salary, pay, ommendations for the authorization bill. The recommendations of retirement and other employee benefits authorized by law. the subcommittees were incorporated in H.R. 2912. On May 10 and 11, 1983, the full Committee met to mark up H.R. 2912 and by CIVIL RIGHTS DIVISION voice vote, a quorum being present, ordered the bill reported as The Committee takes notice that for the first time since its cre- amended. ation in 1957, attorneys representing minorities, women and the MONEYS PROVIDED BY THE BILL handicapped have come before this Committee and made passion- ate pleas that we take steps to prevent the Civil Rights Division SECTION 2. The provisions of H.R. 2912 are based on the budget from doing "harm" to their clients in pending civil rights litiga- proposals of the Administration, with certain exceptions. The five tion. Without exception, they catalogued instances where the Divi- exceptions are: sion's changed civil rights policies have sought to limit the rights of 1. continued authorization for the U.S. Trustees in Bankrupt- protected classes. In fact, in a May 1, 1983 article for the Hartford cy ($10 million); Courant, the former Assistant Attorney General for Civil Rights 2. an increase of $8.85 million for the DEA; described activities of the current Civil Rights Division as a "War 3. an increase of $94.2 million for INS ($26 million trans- Against Civil Rights." ferred to CRS); In earlier years many of these same witnesses have asked this 4. an increase of $17 million for the Federal Prison System; Committee to increase the Division's resources and to urge its par- 5. an increase of $269 thousand for the Community Relations ticipation in greater numbers of civil rights cases. Some of those Service. same witnesses now ask that we consider dismantling the Division The bill, as reported by the Committee, authorizes $3,295,353,000 and transferring staff, resources and litigating authority to other ($3.3 billion) for the Department for fiscal 1984. Authorizations for federal agencies or appointing a special counsel to investigate the fiscal year 1984 for the Civil Rights Division, the U.S. Trustees in "malfeasance" of the Division's leadership. Bankruptcy, the Community Relations Service, the Immigration The present Assistant Attorney General is proud of the Divi- and Naturalization Service, the Office of Special Investigations sion's increased number of a criminal civil rights prosecutions-a (Nazi War Criminals), the Drug Enforcement Administration, and record which he suggests is at an all-time high-and is seeking in- the Federal Prison System are discussed below. creased staff for this activity in 1984. But we must wonder whether this is the best use of the Division's limited resources. As one wit- 1 Sec. 204. No sums shall be deemed to be authorized to be appropriated for any fiscal year ness pointed out, the Detroit Police Chief submitted an affidavit op- beginning on or after October 1, 1978, for the Department of Justice (including any bureau, posing the Division's recently announced challenge to the police de- agency, or other similar subdivision thereof) except as specifically authorized by Act of Congress partment's affirmative action plan in which he stated that, "[T]he with respect to such fiscal year. Neither the creation of a subdivision in the Department of Jus- tice, nor the authorization of an activity of the Department, any subdivision, or officer thereof success which earned the Detroit Police Department this award shall be deemed in itself to be authorization of appropriations for the Department of Justice, (presented by Attorney General Smith to the Department for its ef- such subdivision, or activity with respect to any fiscal year beginning on or after October 1, 1978. (Public Law 94-503, Oct. 15, 1976, 90 Stat. 2427). fective crime fighting program) is a direct result of the Assistant 4 5 Attorney General's program which the Department of Justice now able order of deportation and will leave as soon as a country can be seeks to halt." It was the view of this witness that school desegre- found willing to accept him. Thirteen other war criminals are in gation and affirmative action will do more to improve the quality various stages of deportation proceedings. A landmark decision in of life in this nation than criminal prosecutions against individuals OSI's favor was rendered by the Supreme Court in United States V. for police brutality. Fedorenko, 449 U.S. 489 (January 21, 1981), which will significantly These are serious allegations which the Committee must review ease the Government's burden of proof in denaturalization actions. in further hearings during the current and 1984 fiscal years. Particularly after these successes, the Committee feels a reduction in OSI's budget is unwarranted. OFFICE OF SPECIAL INVESTIGATIONS In addition to believing that the $2.753 million level is necessary, For the sixth consecutive year, the Committee has specifically the Committee also feels that earmaking of the amount is required. earmarked funds for the Office of Special Investigations (OSI) in Despite the Committee's expressed wishes, there have been a the Criminal Division, which is responsible for investigating and number of problems over the years in making certain that funds prosecuting denaturalization and deportation cases against suspect- authorized for Nazi investigations and prosecutions have actually ed Nazi war criminals who have found sanctuary in the United been made available. In fiscal year 1983, for example, the Depart- States. ment reprogrammed some $308,000 out of OSI. (Since the Commit- For fiscal year 1984 the bill sets aside $2.753 million for OSI, the tee's authorization bill for fiscal year 1983 was not enacted, there same amount earmarked for the unit in last year's authorization was no barrier to this reprogramming.) That reprogramming, and bill. This level is $77,000 more than the $2.676 million that was re- past bureaucratic problems, make it imperative that we continue to quested by the Department for fiscal year 1984. The Committee be- mandate that this small amount of funding be set aside for OSI. lieves the budget reduction proposed by the Department, although More importantly, the Committee's earmarking of these monies small, is unwarranted on both substantive and symbolic grounds. over the past six years has become a symbol of our commitment to As a substantive matter, the Committee notes that OSI's litiga- make certain that these criminals are finally brought to justice. tion activity has increased markedly in the past two years and is Like a reduction in the authorization level, deletion of the ear- expected to continue to rise. Thirty-one cases have now been filed marking language would have unfortunate symbolic repercussions. against alleged war criminals (12 more than in 1981) of which 26 The Committee first raised the Nazi war criminal issue publicly remain pending, 11 denaturalization proceedings and 15 deporta- in 1974, and since that time has been responsible for creating OSI, tion actions. (The five other cases-all denaturalization proceed- for drafting the law providing for the deportation of Nazi persecu- ings-were terminated after the defendants died.) This additional tors, and for first approaching foreign governments about cooperat- trial work will appreciably increase expenditures, especially for ing in these investigations. In short, Committee has devoted sub- travel and associated costs. stantial energies to this matter over the past decade and intends to The investigation caseload also does not warrant a cut in OSI's see it through to a successful conclusion. This is a short-term budget. Approximately 267 cases are pending in the investigative project to which our nation is morally committed. It should be al- stage (not including those matters in litigation), and over 100 new lowed to coninue with whatever resources are necessary. cases have been referred to the unit in the past year. Despite this U.S. TRUSTEES IN BANKRUPTCY PROGRAM heavy burden, the Committee notes with approval the fact that OSI has made substantial inroads in the 651 cases which have required The United States Trustees are charged with supervising the ad- investigation. Of the 350 cases inherited by OSI when it was estab- ministration of cases filed pursuant to chapters 7, 11, and 13 of lished in 1979, 263 have now been, closed. Of the 301 cases which title 11 in the eighteen judicial districts set forth in 11 U.S.C. have been referred to, or discovered by, the unit since its creation, § 1501. In general, among many other duties, the U.S. Trustees are 121 have been closed. Through the first four months of 1983, 25 responsible for policing the bankruptcy system, for ensuring that cases have been closed. bankruptcy cases are carefully and correctly administered, and for As a symbolic matter, the Committee also believes that the De- ensuring that debtors do not improperly dispose of or waste assets partment's proposed reduction in OSI's budget is unwise. Such a re- to which creditors are entitled. The U.S. Trustees monitor the proc- duction would convey precisely the wrong signal about our nation's ess of appointments, the hiring of attorneys and experts, fees, ex- renewed efforts to live up the spirit of Nuremburg. After a sordid penses, and the day-to-day operations of reorganizing businesses to thirty-five year history of inaction on the Nazi war criminal prob- avoid favoritism and excessive costs of case administration and at- lem, our government has finally moved aggressively to prosecute tempt to eliminate any actual dishonesty or impropriety. In a chap- those who have found refuge here. At the Committee's insistence, ter 11 business reorganization case, the U.S. Trustees, or a credi- OSI was set up in the Criminal Division and given the funding and tors' committee functioning under the supervision of the U.S. staffing to do its job. Its subsequent achievements have been nota- Trusee, ensure that a case is not collapsing, that taxes and insur- ble; just one month ago, Hans Lipschis became the first alleged war ance are being paid, that the public health is not being threatened, criminal in over 30 years deported from the United States. A and that the bankruptcy case itself is not running up bills which second was criminal suspect, Valerian Trifa is under a non-appeal- cannot be paid. 6 7 Notwithstanding that the pilot program for U.S. Trustees has ting, excluding, deporting, adjudicating status of, and naturalizing been underfunded and understaffed since it began, the program aliens. The Border Patrol of INS patrols the U.S. borders between has been performing well in meeting its major objectives. H.R. 2912 land ports of entry; its inspection force checks aliens and citizens provides that the pilot program be funded at $10 million for fiscal coming into the country through international airports, seaports, year 1984 to ensure that the U.S. Trustees program can continue to and the land ports of entry; its adjudication force determines and fully operate in the eighteen pilot judicial districts. adjusts the status of aliens; its naturalization examiners review COMMUNITY RELATIONS SERVICE and investigate applications for naturalization; and its detention and deportation personnel detain and deport illegal aliens. Staff in the headquarter and regional offices.-The Committee H.R. 2912 authorizes a funding level of $606,807,000 for the Im- believes the Community Relations Service should not reduce its migration and Naturalization Service for fiscal year 1984. It fur- staff below the approximately 100 persons currently on board. The ther establishes a permanent position level of 12,214. Committee Committee has authorized funds for the purpose of maintaining the action increases funding by $94,201,000 and positions by 1,713 over staff at 100 persons, nation-wide; this is exclusive of the 30 posi- the budget request submitted by the Administration. tions transferred from the Department of Health and Human Serv- The bill provides for the following modifications to the fiscal year ices to administer the program for Cuban and Haitian entrant pro- 1984 budget request as submitted by the Administration for the Im- gram discussed below. migration and Naturalization Service: ($26 million of the $94 mil- Cuban and Haitian entrants.-Administering a program which lion increase indicated above was subsequently transferred to the provides for the placement of and services to Cuban and Haitian Community Relations Service for Cuban/Haitians) Entrants is a new function for the Community Relations Service (CRS) but one which the Committee believes CRS is particularly able to handle because of its expertise in assessing community sen- sitivity. The Committee is also mindful that this new function could compromise the primary mission of the Service which is to mediate and conciliate community conflicts arising from discrimi- nation based on race, color or national origin. CRS is directed to provide the Committee with a report on the administration of this program. The report should be submitted by September 30, 1984 and should address a number of issues includ- ing: 1. an assessment of the transfer of staff and resources from the Office of Refugee Resettlement in the Department of Health and Human Services to the Community Relations Serv- ice, 2. an assessment of the effectiveness of this program. The as- sessment should include a discussion of the progress under the court orders of Judge Shoob, and Judge Spellman. It should also address the results of the secondary resettlement program. Finally, the monitoring activities in all aspects of the program should be analyzed, and 3. an assessment of the impact of this new function on the traditional civil rights mandate of the Community Relations Service should be discussed. An interim report addressing the points set forth above should be available for the Committee's review during consideration of the fiscal year 1985 Authorization Request of the Service. IMMIGRATION AND NATURALIZATION SERVICE The responsibility for administering the Immigration and Na- tionality Act of 1952, as amended (8 U.S.C. 1011 et seq.), rests with the Immigration and Naturalization Service of the Department of Justice and the Bureau of Consular Affairs of the Department of State. The Immigration and Naturalization Service (INS) adminis- ters and enforces the provisions of that act which relate to admit- IMMIGRATION AND NATURALIZATION SERVICE FISCAL YEAR 1984 DECISION UNIT COSTS [Dollars in thousands] 1984 congressional submission House authorization committee House authorization committee allowance Requested add-on Decision unit Permanent Permanent WY BA Permanent WY positions WY BA positions BA positions Inspections 1,357 $1,798 $69,962 255 $191 $7,310 1,612 $1,989 $77,272 Border patrol 2,866 2,810 113,554 1,052 789 46,658 3,918 3,599 160,212 Investigations 1,029 793 42,294 141 8,556 1,029 934 50,850 Antismuggling 299 278 13,352 85 64 2,526 384 342 15,878 Detention and deportation 1,040 1,077 71,893 118 89 8,898 1,158 1,166 80,791 Subtotal 6,591 6,756 311,055 1,510 1,274 73,948 8,101 8,030 385,003 Adjudications and naturalization 1,143 1,151 40,616 140 105 4,672 1,283 1,256 45,288 Refugees and overseas 108 115 7,529 108 115 7,529 Subtotal 1,251 1,266 48,145 140 105 4,672 1,391 1,371 52,817 8 Training 61 60 6,378 10 8 396 71 68 6,774 Data and communications systems 183 176 47,600 2 2 90 256 178 47,690 Information and records management 1,245 1,288 41,305 1,245 1,288 41,305 Intelligence 26 25 1,614 3 2 151 29 27 1,765 Research and development 2 2 513 1 1 47 3 3 560 Construction and engineering 15 17 4,278 13,485 15 17 17,763 Field management and support 272 281 11,343 272 281 11,343 Legal proceeding 167 153 6,360 13 9 535 180 162 6,895 Subtotal 1,971 2,002 119,391 29 22 14,704 2.000 2,024 134,095 Executive direction and control 196 212 9,291 196 212 9,291 Administrative services 492 473 24,724 34 25 877 526 498 25,601 Subtotal 688 685 34,015 34 25 877 722 710 34,892 Total 10,501 10,709 512,606 1,713 1,426 94,201 12,214 12,135 606,807 immigration". tions. tween ports of entry, many others will be using fraudulent means tries will be seeking to enter the United States surrepitiously be- mittee to believe that more and more nationals from these coun- large scale unemployment and underemployment, lead the Com- tries, coupled with serious internal economic conditions causing of us. The rapidly rising working age populations of these coun- by illegal immigrants from Mexico and other countries to the south It is publicly known that the United States has been inundated strengthened and improved. activities of the Immigration and Naturalization Service must be considers it absolutely necessary that the enforcement and service Whatever the legislative outcome of H.R. 1510, the Committee part of the package of recommendations to curb the flow of illegal cluded that "increased enforcement should be an integral considering the enforcement activity relating to immigration, con- The Select Commission on Immigration and Refugee Policy, in tion Reform and Control Act of 1983, H.R. 1510. forcement leading to the implementation of the pending Immigra- real increases, as well as to provide a sound basis for enhanced en- seeks to make up for ground lost last year, where there were no The additional resources called for by the Committee in this bill ing for the Service was totally disregarded. send last year with regard to getting increased personnel and fund- budget submission that the signal the Committee attempted to increased effort in ADP systems, it can only deduce from the same as fiscal year 1983. While the Committee is happy to see an ment and service to the public activities remained essentially the lion for a National Record Center. The level of funding for enforce- for including a sum of $20 million for ADP programs and $10 mil- quest for fiscal year 1984 was mostly a "status quo" budget, except This year the Committee was surprised to see that the budget re- positions and in the funding of permanent positions in investiga- The Committee especially noted the substantial cuts in inspector ment in fiscal year 1983 was lower than the fiscal year 1982 level. Committee action, the number of positions allocated to enforce- tors, border patrol, adjudicators and investigators. In spite of the tions and $29 million to the budget, mainly for additional inspec- Last year the Committee recommended an increase of 642 posi- preciation of the Service's mission. today can be directly attributed to this inattention and lack of ap- OMB. The chaotic state of the immigration situation in the U.S. derfunded, undermanned, and neglected by the Department and by Service. For years, the Committee has felt that INS has been un- ment in the attitude of the Department of Justice towards the mittee expressed some satisfaction in having noted an improve- Last year in its report on the authorization legislation the Com- Vienna, Rome, Southeast Asia, and Southern California. ations during official trips to Frankfurt, Hong Kong, Florida, after Subcommittee Members observed various aspects of INS oper- after an oversight/authorization hearing on March 8, 1983 and Subcommittee on Immigration, Refugees, and International Law The personnel and funding levels adopted were agreed to by the 6 11 10 families, to the institution, and to the courts. Such assistance to gain admission, while others will overstay the conditions of their serves to reduce the filing of frivolous actions. entry visa or enter into fraudulent marriages in an attempt to remain in the United States. The Committee bill adds $5 million to the Department's request for the National Institute of Corrections, bringing its fiscal year The principal method of preventing these occurrences is to pro- 1984 funding to $16,665,000. The Committee received testimony this vide the Immigration and Naturalization Service with sufficient year about the unmet needs for technical assistance and training manpower, funding, and support to allow it to meet its statutory which NIC is requested to fill to help state and local jails and pris- obligations. ons. In light of jail and prison overcrowding, the need to improve The Committee intends to continue its actions on behalf of the conditions there, and to develop appropriate classificiation proce- Service until the Department of Justice and the Office of Manage- dures, additional funds have been added. The Committee has been ment and Budget demonstrate in a positive manner a commitment impressed with the important activities of NIC and its efficiency. to provide INS with all the means necessary to discharge its re- The Committee is aware of the recent increase in the federal sponsibilities. prison population, but agrees that, as the General Accounting DRUG ENFORCEMENT ADMINISTRATION Office has noted, that the Bureau of Prisons should make greater efforts to place more prisoners for reasonable periods of time in The Drug Enforcement Administration is the lead agency in the community contract facilities, which are less costly than prison nation's fight against drug trafficking. The Administration's re- beds, and assist in the reintegration of the offender into the com- quest of approximately $275.6 million for fiscal year 1984 does not munity. restore the cuts that resulted from the 1982 reprogramming, or In the past, the Bureau has diverted funds for such use, includ- provide sufficient resources to the foreign cooperative investiga- ing transition back into the community during pre-parole and tions program. The Committee added $8.85 million in H.R. 2912 for parole periods, and has cutback on community placements and the these purposes to provide an additional 168 workyears for foreign period of such placement. This practice is detrimental to the pris- cooperative investigations (15 WY), state and local training (23 oners and to the supply of community-based resources. Therefore WY), intelligence (69 WY), and diversion control (61 WY). The Com- the Committee has added $12 million to add 1,000 beds in contract mittee believes that $284.47 million is appropriate for the DEA in community facilities to bring the average daily population to 3,300. fiscal year 1984. The Bureau is encouraged to make increased use of such facilities at the time of commitment, when appropriate, and for the transi- FEDERAL PRISON SYSTEM tion back to the community. The Committee has approved three modifications from the De- The Committee recommends that the Bureau of Prisons increase partment of Justice's request: (1) removal of the $100,000 ceiling on its programming for relevant educational and vocational training the Bureau of Prisons legal assistance program; (2) an additional $5 and for parenting programs, to expedite the reintegration of the of- million for the National Institute of Corrections; and (3) an addi- fender back to his or her community. It also recommends that ade- tional $12 million to add to the Bureau's request which will in- quate procedures be developed to insure quality medical assistance crease by 1,000 the number of beds available in community correc- to inmates, including through the Public Health Service, where ap- tions contract facilities. The reasons for each of these modifications propriate. are listed below. The Bureau is encouraged to continually examine the security The $100,000 ceiling on inmate legal assistance has been re- and custody needs of its inmates and to designate and transfer of- moved, since the Committee finds that, consistent with Supreme fenders to less secure facilities when appropriate. The Bureau is Court rulings, reasonable access to legal assistance and materials is urged to open at least one minimum security camp to women, necessary for inmates and helpful to the institutions, as well. based on documentation in 1980 that almost 50 percent of the There are now approximately 30,000 prisoners in federal prisons, women were classified at level 1 security. No camps exist for many of them at great distances from their families, and some- women, although the Bureau has at least 15 camps housing ap- times in remote areas. proximately 4,000 male inmates. Presently only 13 of the approximately 40 institutions are receiv- OTHER PROVISIONS ing any funding through the Bureau to improve inmate legal serv- ices at the total level of approximately $100,000. The removal of Section 7. Certain FBI undercover operation exemptions and report- the ceiling is meant to encourage the Bureau to expand these serv- ing requirements ices to more institutions and, where appropriate to increase the Since fiscal year 1978, Justice Department authorization acts (in- annual contribution. The Committee recognizes the value of provid- cluding continuing resolutions) have included a section that pro- ing inmate legal services to assist inmates in resolving legal dis- vides exemptions for FBI undercover activities from various bank- putes which may exist relating to their confinement or be compli- ing, leasing, and other financial laws. The justification for these ex- cated by it. Clarification of inmate legal problems and their resolu- emptions has been that application of these laws would prevent the tion are helpful, not only to the inmates involved, but also to their 12 13 FBI from undertaking activities that normally are essential for dis- Congress thereof. The Subsection now requires that the FBI con- guising government involvement in a situation. duct an audit of "each undercover investigative operation in which In view of the potential problems that can arise from eliminating covert activities are concluded in fiscal year 1984, and in each un- the requirements of the various exempted laws, the authorization dercover investigative operation in which covert activities are con- acts also have always included the requirement that detailed finan- cluded before fiscal year 1984 but which is closed in such fiscal cial audits be performed on certain operations and that reports of year. Furthermore, the category of operations to be audited has those audits be provided to the Congress. been changed, SO that Subsection (e)(4) now covers not only non-FCI The exemptions and report requirements contained in previous cases with $50,000 or more in gross receipts, but also, operations authorization law have been renewed, with some modifications. with expenditures in excess of $150,000. The first change has the After several years of experience with these provisions, it became effect of altering the time frame for preparing audits and submit- clear to both the FBI and the Committee that further refinements ting the audit reports from the time an operation is "closed" to the were needed. It is also clear that a permanent, and considerably time the covert stage is terminated. more comprehensive law governing undercover operations is The justification for this change is to make the financial data needed. Until such time as that legislation is enacted, however, the available to Congress in a more timely fashion. "Closed" had been Committee believes the temporary provisions in the authorization interpreted by the FBI as meaning that all litigation (criminal and bill are necessary. civil, and including all appeals). arising out of the operation had The modifications were adopted by the Committee based upon an been concluded. Thus, even though it was the practice of the accommodation of the Bureau's requests for further exemptions Bureau to conduct the audit soon after covert activities had been and refinements and the oversight Subcommittee's request for concluded, the reports on these audits had not been turned over to more useful and timely reports. the Congress until years later. However, the financial information (1) Subsection (a)(1) adds an exemption to permit the purchase of contained in these reports has been in no way revealing of evi- property, buildings, or other facilities for undercover operations. dence, targets, sources, techniques, or anything else that might This expansion of the exemptions is necessary because it has been affect future investigations or prosecutions. The delay in submit- the practice of the FBI to lease sites from which surveillance of tar- ting these reports, therefore, was not justified. Financial data was gets is conducted, but the current real estate phenomenon of con- coming to the Congress years after the activities they reflected had verting apartments to condominiums has jeopardized the continued occurred. In the interim, FBI practices and priorities had changed. use of some of the long standing sites, particularly in the area of Effective and accurate oversight was jeopardized. (See Testimony of foreign counter-intelligence cases. Director William Webster before Subcommittee on Civil and Con- (2) Subsection (a) provides that the certification by the Director stitutional Rights, April 4, 1983). and the Attorney General that reliance on an exemption is "neces- Since the time period when audits must be reported has been sary" for the conduct of a particular undercover operation will con- changed, in effect, from post-litigation to a set period (see below) tinue for the duration of the operation, rather than having to be following the cessation of covert activities, this section contains a renewed each fiscal year. However, it is not intended that a certifi- grandfather clause covering operations in which covert activities cation granted in an undercover operation which subsequently have been concluded in a previous fiscal year, but which were not under goes a significant shift in focus or locale, be considered con- closed until fiscal year 1984. tinuing indefinitely. The fact that an operation has retained the The bill also provides that the audit report for an undercover op- same code name, agents, or informants should not in itself suggest eration must be submitted to the Congress not later than 1 year that the certification process need not be repeated. If the basic after covert activities have been concluded when that operation nature of the operation has changed, then the justification for the was initiated or directed in a major field office, i.e. one of the reliance on the exemption must be made anew to the Director and twelve largest field offices. The reports on all other included oper- the Attorney General at the time of the change. The Certification ations must be submitted within two years of the cessation of process was intended to operate as an important element in the su- covert activities. The different schedules are provided in order to pervision and oversight of undercover operations by the highest permit the FBI to conduct these audits in the normal course of its levels of the FBI and the Department of Justice, and the rationale inspection rotations, since the practice of the Bureau has been to for eliminating this process is valid only where the recertification perform audits in the 12 major field offices at least once a year, would tend to be pro forma. and every two years at other field offices. By virtue of these (3) Subsection (d)(1) continues to provide that the FBI conduct de- changes, the FBI will be relieved of the necessity of sending sepa- tailed financial audits in certain undercover cases. The category of rate teams of auditors to the field solely in order to satisfy the re- operations for which audits must be prepared have been changed porting requirements. Furthermore, Congress will receive this fi- from previous authorization acts as has the timing of these audits nancial data at an earlier stage in the process. and reports to Congress thereof. Formerly, all "closed" undercover As noted above, subsection (e)(4) makes modifications in the trig- operations (excluding those involving foreign counterintelligence ger that determine which operations must be audited. Under [FCI]) with gross receipts (from business entities and other sources) present law, only operations which involved the creation of busi- in excess of $50,000, were to be audited and a report submitted to ness entities must be audited, and then, only when gross receipts 15 14 exceed $50,000. The new provision extends the audit requirement ing the investigation, the activities of the undercover agents, infor- to undercover that did not involve a business front, but which in- mants, and middlemen, evidence adduced, and findings) and de- volve expenditures of at least $150,000, excluding salaries. Salaries scribe the results of the operation, civil claims which has arisen are excluded because current FBI record-keeping systems do not out of the operation (including claims filed administratively with track salary expenditures for individual cases or techniques. The the Department of Justice) and "any unusual or substantial legal, provision is also modified SO that the calculation of the $50,000 in managerial, and other issues." gross receipts now excludes money earned in interest, since inter- By the latter phrase (which, as noted above, also provide a crite- est, unlike other receipts may not be used to offset expenses in- ria by which to select "significant" cases), it is intended that the curred in the undercover operation. FBI will select for description those cases involving developments that are relevant to the Congress's ability to assess the impact, (4) Finally, in Subsection (d)(2), an additional reporting provision is added that goes beyond financial information, to require on an problems, and value of the use of this technique, and to determine annual basis,¹ that Congress be provided a report that will give what, if any, legal and practical adjustments are necessary. In operations which have resulted in criminal prosecutions, these both statistical and descriptive information regarding the utiliza- issues often will be raised in the judicial process, and this occur- tion of the undercover technique by the FBI. rence provides one test for selecting the operation as "significant." Unlike the financial audit reports required under Subsection An operation that has been particularly successful also should be (d)(2), the undercover operations from which the statistical and de- included, as should operations that achieved less than their expect- scriptive data is drawn are all non-FCI undercover operations.² ed results. Examples from the past would be the investigation of Thus, Subsection (d)(2) (A) and (B) state that the report specify the case-fixing in the Cleveland Municipal Court and the operations in number, by programs, of all undercover investigative operations Galveston, Texas, and Bridgeport, Conn., wherein FBI agents or in- pending or commenced during the stated time periods. By "pro- formants were arrested or detained by the local police who were grams" is meant the programatic divisions used by the FBI in de- being investigated. scribing such operations: white collar crime, organized crime, per- The Committee anticipates that the selection and analysis of sig- sonal crimes, general government crimes, and general property nificant cases by the FBI under this provision will not only provide crimes. Categorization by "group" (i.e., Group I or Group II, a des- the Congress with extremely useful information, but also will en- ignation relating to expected duration and expense) is also intend- courage the FBI to engage in a constructive process of self-exami- ed. nation. Honest and open appraisal will permit the FBI to make The same aggregate statistical information is required for cases those policy and practical changes necessary to render the use of closed in the one year period preceding the report. In addition, this technique more productive. with respect to closed operations only,³ additional information must be reported. With respect to each non-FCI undercover oper- Section 8. Program evaluations ation closed in the year preceding the report, the report must also The bill requires program evaluations to be undertaken by the separately describe the "results" obtained, to wit, complaints, infor- Attorney General for all elements of the Department. It is the mations indictments, convictions (with statutory references), fines, intent of the Committee that the formal process of period review recoveries, restitutions, potential economic loss prevented, etc. and evaluation of programs be continued. Without objective pro- Finally, with respect to significant closed cases, descriptive infor- gram audits, the Department and its subordinate organizations mation must be provided. "Significant" is defined in Subsection cannot knowledgeably establish the goals of significant programs (e)(3) as meaning operations involving either sensitive circum- and evaluate their success. Further, the ability to modify existing stances specified in the Attorney General's Guidelines on FBI Un- programs, discard unfruitful programs and to know better if Feder- dercover Operations undercover guidelines (e.g. involving political al dollars are being spent wisely is dependent upon informed as- corruption, the activities of a religious, political or news organiza- tion, a significant risk of violence, injury or financial loss, etc.) or sessment of those programs. "any unusal or substantial legal managerial, or other issues." Section 9. Reprograming In the detailed description required for each of these closed sig- nificant cases, the report must describe the operation (the nature of The bill continues the reporting requirements adopted by the the criminal activity and targets investigated, the basis for initiat- Committee in 1979. The Department of Justice is required to report to the House and the Senate Judiciary Committees when funds are 1 By "annual," the Committee intends that the report be submitted not later than the end of being reprogramed by the major components of the Department. the fiscal year. In contrast, the audit reports required under subsection (d)(1) are to be submitted The language applies to reprograming of funds in excess of certain as soon as they are prepared, and no later than the period stated in that subsection. specified amounts as well as to reorganizations or creations of new 2 An amendment clarifying this point was adopted by the Committee by voice vote. 3 For purposes of this report to Congress "closed" is defined in Subsection (e)(1) of the bill. programs which may not have been previously authorized. The pro- That provision provides that an operation is deemed closed when all criminal proceedings (other vision is necessary to facilitate the Committee's oversight responsi- than appeals) are concluded or covert activities are concluded, whichever occurs later. The latter contingency is included for those rare instances where criminal proceedings (i.e., trial court pro- bilities and to assure that public funds are expended in a manner ceedings or the decision not to seek or proceed with prosecution) have concluded, but covert ac- consistent with congressional intent. tivities have not. 16 17 Section 11. Departmental decisions not to enforce Federal statutes and the reasonableness of their fees and compensation, examining The Committee has included in the reported version of the bill the debtor or presiding at meetings where the creditors examine the substance of an amendment which has been adopted on the the debtor, objecting in appropriate cases to the discharge of the floor each year. The amendment specifically requires the Attorney debtor, reviewing the adequacy and completeness of financial state- General to report to the Congress whenever he/she establishes a ments submitted by the debtor, reviewing the final reports on es- policy to refrain from the enforcement of any provision of law be- tates that trustees have administered, forming representative cause the position of the Department is that the provision is uncon- creditors' committees, and supervising creditors committees to stitutional. The section also requires the Attorney General to ensure that they perform their statutory duties. report to Congress whenever the Department decides that it will The role of the United States Trustee is to eliminate favoritism, contest or refrain from defending any congressionally enacted pro- opportunities for fraud, and such improprieties as the operation of vision of law because the Department deems that provision to be a company with no insurance during the pendency of a Chapter 11 unconstitutional. The required reports must be transmitted within business reorganization proceeding, engendering administrative ex- thirty days and shall specify the provision of law involved, include penses (such as, rent, utilities, and taxes) which cannot be paid, or a detailed statement of the reasons the Department has taken such failing to pay withholding taxes during the Chapter 11 proceeding. a position, and indicate the nature of the proceeding involved. Annual reports submitted to the Congress by the Attorney Gen- The provision has been modified in the fiscal 1984 authorization. eral indicate that the program to date is achieving the objectives for which it was established. It requires that, whenever the Attorney General brings an action challenging or contesting the validity of any statute or provision of Present law contemplates that the Congress will review this pilot law, the Attorney General not proceed in the name of the United program prior to April 1, 1984 to determine whether to expand, States, but rather in the name of the agency or department on modify, or terminate the program. A comprehensive, independent whose behalf he/she appears. The purpose of the revised language study and evaluation of this program, required by Public Law 95- is to prohibit the Department of Justice from filing suit, as was re- 598, must be transmitted by the Justice Department to Congress before January 3, 1984. The General Accounting Office and other cently done in the United States of America V. U.S. House of Repre- organizations are also reviewing this program and will be submit- sentatives, et. al, in the name of the sovereign United States ting reports. Because there is no possibility of the Congress being against a part of one of the branches which make up the sovereign able to adequately review and evaluate this program and consider United States. whether to expand, modify, or adopt a substitute procedure for the Section 12. Extension of expiration date of U.S. Trustees pilot pro- performance of these crucial administrative functions prior to the gram expiration date of this pilot project, H.R. 2912 would extend the ex- piration date of the experimental program until September 30, One of the central goals of the 1978 comprehensive bankruptcy 1986. This will allow Congress the time necessary to carefully legislation was to restore public confidence in the fairness of the review and evaluate the extensive investigations and studies which bankruptcy court system and remove some real, and many per- have been undertaken and are currently being prepared by inde- ceived, abuses in the administration of bankruptcy cases. The 1978 pendent contractors pursuant to statute, the GAO, and various or- law emphasized the role of the bankruptcy judges as impartial ar- ganizations affected by this program. biters and expanded their judicial powers, while relieving bank- ruptcy judges from their previously active role in managing and Section 13. Domestic security guidelines administering cases. After long and careful review, the Congress The Committee's purpose in adopting Section 13 is to delay im- created, as a 4½ year pilot program (which will expire on April 1, plementation of the new Attorney General Guidelines on General 1984), the United States Trustees program to perform the adminis- Crimes, Racketeering Enterprise and Domestic Security/Terrorism trative functions that were transferred from the bankruptcy Investigations until January 1, 1984. judges. On March 7, 1983, Attorney General William French Smith an- Active supervision of bankruptcy cases is necessary because of nounced new guidelines governing the FBI's domestic security in- the public administration of bankruptcy, "the significant potential vestigations. The Smith Guidelines replace Attorney General for fraud, self-dealing and diversion of funds" (House Report No. Guidelines on Domestic Security Investigations in effect since April 95-595 (1977), p. 88), and the many people affected by bankruptcy 6, 1976. Both documents were designed to cover the FBI's investiga- proceedings. The United States Trustees perform the essential ad- tion of politically motivated violent crime by indigenous persons or ministrative and supervisory functions in bankruptcy proceedings groups, that is, those not acting on behalf of a foreign power. and generally act as the watchdogs of the bankruptcy system and The heart of the original guidelines, authored by former Attor- its participants. Among the duties and responsibilities of the U.S. ney General Edward Levi, was the notion of a criminal standard- Trustees are overseeing the qualifications and appointments of pri- that an investigation could be launched only "on the basis of specif- vate trustees in bankruptcy cases and supervising their perform- ic and articulable facts given reason to believe that an individual ance, serving as trustees in certain cases, investigating misconduct or a group is or may be engaged in activities which involve the use or impropriety, monitoring the hiring of professionals and experts of force or violence and the violation of federal law. Fol- 18 19 lowing this standard, the FBI would no longer be able to investi- The Committee has already taken testimony from the Depart- gate individuals or groups on the basis of lawful-but unpopular or ment and additional hearings will be scheduled in an attempt to radical-political activity. The impetus for the Levi guidelines grew seek the necessary clarification and to give the FBI an opportunity out of the revelations of massive domestic intelligence abuses by to explain and justify those changes which are substantive. The the FBI. This Committee, as well as other Congressional commit- Committee agrees that if changes in the guidelines are needed be- tees, was instrumental in documenting those abuses and the inef- cause of specific problems the FBI has encountered, these changes fectiveness of domestic intelligence investigations from a law en- should be made. However, to date, neither the FBI nor the Depart- forcement perspective.¹ ment has produced any evidence justifying such changes. The Levi guidelines were drafted in an effort to give new direc- Until that evidence is provided and until the consultation and tion to the FBI in this area, and to prevent such abuses in the clarification process can be completed, the Committee believes the future by focusing the FBI's investigative activities on actual or status quo of the Levi guidelines should be maintained. Section 13 suspected criminal activity. is designed to accomplish that purpose by delaying implementation The guidelines were the result of a long process of consultation of the Smith guidelines for a limited period of time. The language and review-a process in which this committee was integrally in- of H.R. 2912 as introduced delayed implementation until Septem- volved. In the ensuing years, the FBI has maintained in various ber 30, 1984-the end of fiscal year 1984. During the mark-up, how- public statements, including before this Committee, that the Levi ever, an amendment was offered and adopted by voice vote which guidelines have served them well. delays implementation until January 1, 1984. The Committee notes that the Smith guidelines, which went into It is the Committee's expectation that resolution of these issues effect on March 21, 1983, make a number of changes from the old will be achieved within the time frame provided for in Section 14, Levi guidelines. the most visible change is one of format. Two sepa- as amended, and commits itself to working closely with the Depart- rate sets of guidelines have been incorporated into a single docu- ment to achieve that goal. The Committee is compelled to note, ment-the domestic security guidelines and the criminal investiga- however, that adoption of § 14, as amended, is meant to send a tive guidelines. The purpose of this reorganization, according to the message to the Department regarding the depth of its concern Department of Justice, is to "integrate domestic security investiga- about the Smith guidelines and the importance of the issues raised tions into the mainstream of FBI responsibility by reconciling these by them. investigations with other criminal intelligence work and using the terminology and concepts applied to investigations of other orga- Section 14. Resale price maintenance prohibition nized criminal enterprises." In Section 14, the Committee directs that no funds appropriated In theory, the Committee believes this approach has several posi- by H.R. 2912 shall be used to "overturn or alter the per se prohibi- tive attributes. It does appear to integrate domestic security cases tion of resale price maintenance, in effect under the Federal anti- into the structure and vocabulary of the FBI's criminal investiga- trust laws." The Committee takes this action to ensure that the na- tions with their inherent focus on violations of federal criminal tional policy against vertical price-fixing will continue to be law. It brings consistency of approach and language to what has upheld, and not weakened, by officials of the Antitrust Division been described as a confusing and often contradictory set of regula- whose constitutional duty it is to enforce the antiturst laws. tions. Despite an unbroken chain of Supreme Court decisions going The result, however, of this attempt to "streamline" the guide- back 70 years and Congress express bipartisan message in passing lines has been to eliminate or significantly alter several important the Consumer Goods Pricing Act of 1975, the current policy of the features of the Levi Guidelines-features which in the past the Antitrust Division is to ignore, or distinguish, the per se prohibi- Committee believed were necessary to protect the First Amend- tion on resale price maintenance ("RPM"). Statements by Depart- ment activities while giving the FBI sufficient flexibility to investi- ment officials that they would not enforce the per se ban on retail gate actual or potential criminal activity. price fixing, or do so selectively, coupled with the total failure of The Committee notes that it has been engaged in a discussion the Department to challenge such conduct have sent a disquieting with the Department and the FBI on these new guidelines even message of permissiveness to potential violators. More recently, the prior to their release. The purpose of that discussion has been to Department has urged the Supreme Court 1 in a private action to obtain clarification of some of the new provisions. The Committee which the United States is not a party, to overturn a precedent further notes that specific language changes have been suggested that has served as the polestar for congressional and executive to the FBI which the Committee believes provide that clarification action over that same period. and are consistent with what the Department and the FBI have As recently as March 10, 1983, before the Subcommittee on Mo- said is their actual intent. nopolies and Commercial Law,2 Assistant Attorney General Baxter 1 "FBI Domestic Intelligence Operations-Their Purpose and Scope: Issues That Need To Be 1 Monsanto Co. V. Spray-Rite Service Corp., petition for cert. filed, 51 U.S.L.W. 3461 (Dec. 7, Resolved," report to the House Committee on the Judiciary by the Comptroller General of the 1982) (No. 82-914); cet. granted 51 U.S.L.W. 3633 (Feb. 28, 1983). United States, Feb. 24, 1976. 2 See Oversight and Authorization Hearings before Subcommittee on Monopolies and Commer- cial Law, March 10, 1983, Transcript of Proceedings, at pp. 17-19, 38-40, 49-55. 20 21 reiterated his view that RPM was not strictly prohibited by either ably affected goods in interstate commerce, in violation of the fed- Congress or the Supreme Court.³ The statement is troubling be- eral antitrust laws, Congress responded by passing in 1937 the cause it ignores the consistent treatment accorded the issue by the Miller-Tydings Act,9 thereby exempting state fair trade laws from Supreme court since 1911. the reach of the Sherman Act. In 1952, Congress passed the In Dr. Miles Medical Co. V. John D. Parks & Sons, Co., 220 U.S. McGuire Act, 10 which permitted suppliers even greater authority 373 (1911), the Supreme Court struck down a resale prices mainte- to fix resale prices by extending the privity of fair-trade contracts nance scheme as illegal per se 4 by reasoning that the Sherman to "non-signer" distributors. Act has accorded all participants in the distribution of goods the By 1975,1 repeal of the fair trade laws was called for by, among same freedom to make business decisions and that simply because others, President Ford, the Department of Justice and the Federal a manufacturer makes the product and initiates the distribution Trade Commission 12 Studies conducted by the Justice Department scheme, "it does not follow [that] he may impose on purchasers under President Nixon indicated that the consumer would be saved every sort of restriction.' 202 U.S. at 404. In every situation in which the Supreme Court has subsequently been faced with the $1.2 billion by the elimination of the fair trade laws and that such issue of vertical price restraints, it has reaffirmed the holding in practices increased prices for the affected goods by 18 to 27 per- cent. 13 President Reagan, writing at the time for the Copley News Dr. Miles.⁵ It is also significant that the Supreme Court held to this view Service, also decried these practices. In a column reprinted in the even during the same period that it openly expressed uncertainty Congressional Record, Mr. Reagan condemned resale price mainte- as to the appropriate treatment of non-prive vertical restraints.⁶ It, nance as stifling competition, adding to inflation and bereft of con- sumer benefits. 14 therefore, cannot be asserted-at least by resort to legal prece- dent-that the authorities on this point remain unsettled although Congress responded decisively: After both the House and Senate that has been precisely the argument posited by the Department in Judiciary Committees unanimously reported the legislation, the its amicus filings.⁷ Senate approved the bill by unanimous consent; 15 and the House Congress, likewise, in 1975 affirmatively expressed its view that voted 380 to 11 in favor of the bill. 16 In signing H.R. 6971 into law retail price-fixing is illegal under the antitrust laws by passing the on December 12, 1975, President Ford succinctly stated the legisla- Consumer Goods Pricing Act.8 This action culminated a deter- tion's intended effect: mined effort by Congress to reach a uniform policy on the RPM [the Act] will make it illegal for manufacturers to fix the question that, with the benefit of past experience, would benefit prices of consumer products sold by retailers. This new leg- consumers nationwide. The history of Congressional involvement is islation will repeal laws which amend the Federal therefore instructive. Antitrust Laws SO States could authorize otherwise illegal Following the enactment of the Sherman Act in 1890, Congress agreements between manufacturers and retailers setting remained content with the Act's prohibition on resale price-fixing the price at which the product could be sold to consum- until the Depression. However, during this same period, individual ers.¹⁷ states proceeded to enact "fair trade" laws, which permitted a In this context of congressional and Supreme Court consensus, manufacturer to enter into an agreement stipulating the minimum the Committee notes that in the past two years, no actions involv- price at which a product could be sold. Because such laws invari- ing resale price maintenance have been brought to court. During the same interval, however, the Department has expended substan- For its part, the FTC has continued to support the rule that vertical price-fixing is per se illegal, most recently in its pending action in Russell Stover Candies, Inc. V. FTC. (no. 9140, July tial resources to intervene on behalf of defendant-manufacturers 7, 1982) appeal docketed, No. 82-2036 (8th Cir.). (FTC Chairman Miller, dissenting). 4 Before extending the rule to vertical price fixing, the Supreme Court first crafted the so- called "per se" standard of illegality in the context of horizontal antitrust cases. See, e.g., United 9 50 Stat. 693, amending 15 U.S.C. § 1 (1976). States U. Joint-Traffic Ass n, 171 U.S. (1898); United States U. Addyston Pipe & Steel Co., 85 F.271 10 60 Stat. 632, amending 15 U.S.C. $$ 45, 45 note (1976). (6th Cir. 1898), aff'd, 175 U.S. 211 (1899). 11 In the interim, many states had repealed or curbed their fair trade statutes; four states had See United States V. Colgate Co., 250 U.S. 300 (1919); United States V. Schrader's & Son, 252 their own statutes declared unconstitutional; and 25 states have declared "non-signer" clauses U.S. 85 (1920); FTC. V. Beech-Nut Packing Co., 257 U.S. 441 (1922); United States V. Line Materi- to be unconstitutional. See P. Areeda, Antitrust Analysis, 517 (1974). al Co., 333 U.S. 287 (1948); Kiefer-Stewart Co. V. Jos. E. Seagram & Sons, Inc., 340 U.S. 211 12 Contemporaneous with Congress' reconsideration of the problems posed by the fair trade (1951); United States V. Parke Davis & Co., 362 U.S. 29 (1960); Simpson V. Union Oil Co., 377 laws, other nations also took action to correct similar economic effects stemming from vertical U.S. 13 (1964); California Liquor Dealers V. Midcal Alumnium, Inc., 445 U.S. 97 (1980); Rice V. price-fixing. In 1973, the West German parliament passed a law changing what had been a lim- Norman Williams Co., 102 S.Ct. 3294, 458 U.S. (1982). ited, rule-of-reason restriction on vertical price fixing to an absolute ban. See 1973 BGB1. 917 6 In a 14-year period (1963-1977) the Supreme Court changed its ruling on vertical territorial (1973 Amendment to Act Against Restraints of Competition). In 1976, British Parliament passed restraints no less than three times, first subjecting them to a "rule of reason" analysis (White the Resale Prices Act which prohibits the enforcement by suppliers, acting individually or col- Motor Co. V. United States, 372 U.S. 253 (1963)), then declaring them illegal per se (United lectively, of a minimum resale price. See A Review of Monopolies and Mergers Policy (London States V. Arnold, Schwinn & Co., 388 U.S. 365 (1967)), and finally returning to the rule of reason 1978) at p. 126. Among other nations, Austria, Canada, Denmark, Finland, France, Ireland, standard (Continental T.V. Inc., V. GTE Sylvania, Inc., 433 U.S. 36 (1977)). Throughout this time Japan, the Netherlands, Norway, Spain and Switzerland all prohibit or severely limit resale of analytical revision, the Court never considered judging vertical price-fixing under any test price maintenance. See Comparative Summary of Legislations on Restrictive Practices (OECD other than the illegal per se standard, and in GTE Sylvania, supra, the Court expressly noted Publications 1978). that fact. See 433 U.S. at 51 n. 18. 13 See S. Rep. No. 94-466, 94th Cong., 1st Sess., pp. 1-3 (1975). 7 See, most recently, Brief of the Department of Justice, Monsanto Co. V. Spray-Rite Service 14 121 Cong. Rec. 1268 (Jan. 23, 1975). Corp., No. 82-914, at pp. 5, 15-18. 15 121 Cong. Rec. S20874 (Dec. 2, 1975). 8 89 Stat. 801 (1975), amending 15 U.S.C. §§ 1,45(a) (1976). 16 121 Cong. Rec. H7104 (July 21, 1975). 17 Public Papers of President Gerald R. Ford, vol. 11, no. 50, at p. 1368 (emphasis supplied). 22 23 charged with pricing conduct violations at both the trial and appel- Section 15. Transfers from Department's legal divisions late levels. 18 The Division's amicus intervention in Monsanto Co. V. Spray-Rite By letter dated April 19, 1983, the Department advised the Com- Service Corp. No. 82-914 (1983), is particularly disturbing. Mon- mittee of a plan to transfer 125 positions from its various legal divi- santo is a private lawsuit involving a manufacturer's termination sions to U.S. attorneys offices around the country. Of these 125 po- of a distributor of herbicides. Although neither of the parties to the sitions, 55 would come from the Antitrust Division. Approximately action challenged the continued validity of the per se rule as ap- $6.1 million would be reallocated from the General Legal Activities plied to vertical price restraints, the Department of Justice side- and Antitrust Division appropriations to the U.S. Attorneys and stepped the narrower questions raised by the parties, 19 and urged Marshals appropriation. The Department explained the proposal as the Supreme Court to review the case as a means of revoking the a response to the burgeoning caseloads of U.S. Attorneys. 70-year old holding in Dr. Miles. 20 At the very least, this expansive In reply to follow-up questions from the Committee, the Depart- use of certiorari to accomplish a sweeping revision of the law relat- ment stated that it intended to transfer a number of vacant posi- ing the RPM indicates an insensitivity to the respective roles of the tions as well as 55 occupied positions from the Antitrust Division. Congress and the Judiciary in the formulation and application of The Department would select the 55 employees first by asking for antitrust policy. More seriously, the Department's conduct in this volunteers, and if that were insufficient, by closing the Cleveland private matter may prove to be a wholly unjustified allocation of Field Office of the Antitrust Division. Next, it would adapt Reduc- resources in a bold attempt to circumvent the Congress. tion-in-Force procedures to select the remainder, if necessary. The Only last year, the Supreme Court in Arizona V. Maricopa Medi- Department stated it has made no estimate of the cost of training a cal Society, 73 L.Ed. 2d 48 (1982), counselled litigants challenging new attorney to the point of proficiency in carrying out the work of the per se rule in price-fixing cases to direct their arguments for the Antitrust Division. change to the Congress. 21 73 L.Ed. 2d. at 65. The Committee con- The major purpose of Section 15 is to postpone the proposed real- siders this to be sound advice, and SO indicated to Assistant Attor- location to allow further study. Although the Committee is sensi- ney General Baxter at the time of his appearance before the Sub- tive to the staggering workload of the U.S. Attorneys offices, the committee on Monopolies and Commercial Law on March 10, 1983. proposed transfer of individual employees would be a major, virtu- Thereafter, the Department has persisted in its public statements ally irreversible step that would significantly deplete the law en- and amicus intervention projects, all aimed at overturning congres- forcement resources of the Antitrust Division. sional policy in the area of resale price maintenance. The inclusion The Committee is well aware of the specialized skills that most of Section 14 in H.R. 2912 is the Committee's missive that it will Antitrust Division employees possess and believes that the accumu- not tolerate change in the carefully crafted, and congressionally-ap- proved, antitrust policy concering retail price-fixing without the lated expertise of 55 employees should not be casually cast away. The Antitrust Division's enforcement mission is vital in the battle consent of the people's elected representatives. to control inflation and keep our industries competitive with strong 18 See, e.g., Battle V. Lubrizol Corp., 673 F.2d 984 (8th Cir. 1982); Paschall V. Kansas City Star foreign companies. The need for a strong, vigilant antitrust en- Co., No. 81-1963 (8th Cir. 1982); O.S.C. Corp. V. Apple Computer, No. CV-81-6132 (C.D. Cal. forcement presence is heightened by the difficulties in uncovering 1983). 19 Before the Seventh Circuit and, now, the Supreme Court, the appellant-manufacturer has many of the most common, and niost harmful, cartel practices. urged for reversal of a damage verdict on the familiar grounds of insufficiency of evidence and The Committee was particularly concerned with the apparantly improper jury instruction. unstudied manner in which the Department considered the closing 20 In its arguments to the Court, the Department makes the point that "while the 1975 legis- lation terminated the States' authority to immunize certain conduct from all antitrust scrutiny, of the Cleveland Field Office of the Antitrust Division. The Depart- it does not prescribe the standard for such scrutiny" DOJ Brief, at p. 17 n.26. In his subsequent ment stated that it would close this office if enough volunteer appearance before the Subcommittee on Monopolies and Commercial Law, on March 10, 1983, Assistant Attorney Baxter indicated what he considered to be the appropriate test in the ab- transferees were not available. The Committee considers the field sence of an explicit statutory command: "Well, I call it either the rule of reason interpretation offices vital in uncovering and breaking local and regional cartels under Section 1 of the Sherman Act that Congress enacted in 1890 or, alternatively, following the Congressional language that appears throughout the Clayton Act, where the test is: Is the that violate federal law, but may not draw the attention of Wash- effect likely to significantly lessen competition?" Transcript of proceedings, at p. 55. Besides dis- ington-based staff. Section 15 demonstrates the Committee's opposi- regarding the 70 years of substantive content provided by the Supreme Court in the area of vertical price-fixing, this approach would also cast in doubt the standard to be applied to hori- tion to any proposal to close the Cleveland office without a thor- zontal price fixing. More significant, it ignores the well documented history of the 1975 legisla- ough review. The Committee expects that, in the future, the De- tion that placed Congressional opinion about RPM in line with that of the Court. See, e.g., H.R. 94-341, 94th Cong., 1st Sess. 2 (1975) in which it is explained: partment will advise it well in advance of any decision to close, or "An agreement between a manufacturer and a retailer that a retailer will not resell the man- significantly reduce the resources of, any field office of the Anti- ufacturer's produce below a specified price is an obvious form of price fixing. As such, it is per se illegal under Section 1 of the Sherman Act. trust Division. 21 Cf. Jefferson County Pharmaceutical Ass'n V. Abbott Laboratories (No. 81-827) (Feb. 23, While Section 15 will prevent any transfer of positions from legal 1983). In that decision, involving an application of the Robinson-Patman Act, the Court stated: "Although Congress is aware of these criticisms [of policy and effect], the Act has remained in divisions, including the field stations of the Divisions, to the U.S. effect for almost half a century. And it is certainly 'not for [this Court] to indulge in the busi- Attorneys offices, it will not prevent the Department from filling ness of policy-making in the field of antitrust legislation. Our function ends with the en- deavor to ascertain from the words used, construed in the light of relevant material, what was an opening in a U.S. Attorney's office that exists in the absence of in fact the intent of Congress.' Slip Opinion at p. 20, quoting United States Y. Cooper Corp., any reallocation of resources by transferring a volunteer employee 312 U.S. 600, 606 (1941). from a legal division of the Department. 24 25 INFLATIONARY IMPACT 3. Bill status: As ordered reported by the House Committee on Rule XI, clause 2(l)(4).-The Committee believes the legislation the Judiciary, May 11, 1983. will have no significant inflationary impact on prices and costs in 4. Bill purpose: This bill authorizes the appropriation of $3,295 the operation of the economy, even if every dollar specifically au- million to the Department of Justice for fiscal year 1984. Of this thorized by H.R. 2912 is in fact appropriated. amount, $1,056 million is for the Federal Bureau of Investigation (FBI), $607 million is for the United States prison system. The bill OVERSIGHT also authorizes such sums as may be necessary for increases in pay, retirement and other employee benefits. Rule XI, clause 2(1)(3)(D).-No finding or recommendations of the In addition to these provisions, the bill limits the Attorney Gen- Committee on Government Operations were received. eral's authority to transfer funds to other areas and requires the Rule XI, clause 2(1)(3).-The Committee views H.R. 2912 specifi- Department to make a number of reports to the Congress. The bill cally, and the authorization process generally, as a critically impor- also allows the Director of the FBI to collect fees to cover the cost tant lever for the exercise of its oversight responsibility. While the of processing fingerprint identification records for any organization Committee approached its inquiry in H.R. 2912 as primarily a legis- other than a criminal justice agency. lative inquiry aimed at assisting the markup of a single authoriza- The $3,295 million authorized by the bill is $130 million higher tion bill, the Committee believes the year-round, ongoing process of than the President's 1984 budget request for the Justice Depart- oversight engaged in by the subcommittees is greatly enhanced by ment. A large part of this difference is attributable to an authoriza- the fact of the authorization process. tion for the INS that is $68 million higher than the President's re- ESTIMATE OF COST quest. 5. Estimated cost to the Federal Government: Pursuant to clause 7 of rule XIII of the Rules of the House of Representatives, the Committee states that it concurs with the esti- [By fiscal years, in million of dollar] mate submitted by the Congressional Budget Office as set forth 1984 1985 1986 1987 1988 below. Estimated authorization level: BUDGETARY INFORMATION Function 750 3,294 Function 920 112 Clause 2(1)(3)(B) of rule XI of the Rules of the House of Repre- Function 150 1 sentatives is inapplicable because the instant legislation does not Total provide new budgetary authority. Pursuant to clause 2(1)(3)(C) of 3,407 rule XI, the following estimate was prepared by the Congressional Estimated outlays: Budget Office and submitted to the Committee. Function 750 2,937 317 36 4 Function 920 107 5 CONGRESSIONAL BUDGET OFFICE, Function 150 1 U.S. CONGRESS, Total 3,045 322 36 4 Washington, D.C., May 13, 1983. Hon. PETER W. RODINO, Jr., Chairman, Committee on the Judiciary, U.S. House of Representa- BASIS OF ESTIMATE tives, Rayburn House Office Building, Washington, D.C. DEAR MR. CHAIRMAN: Pursuant to Section 403 of the Congres- The estimate assumes that the full amounts authorized will be sional Budget Act of 1974, the Congressional Budget Office has pre- appropriated prior to the beginning of fiscal year 1984. It also in- pared the attached cost estimate for H.R. 2912, the Department of cludes $112 million to reflect CBO's baseline estimate of a 5.5 per- Justice Appropriation Authorization Act, Fiscal Year 1984. cent federal pay increas for fiscal year 1984. Estimated outlays are Should the Committee SO desire, we would be pleased to provide based on historical spending patterns for the major Department of further details on this estimate. Justice programs. Sincerely, 6. Estimated cost to State and local government: None. JAMES BLUM 7. Estimate comparison: None. (for Alice M. Rivlin, Director). 8. Presvious CBO estimate: On May 13, 1983, CBO prepared a cost estimate for S. 1192, a bill authorizing appropriations to the CONGRESSIONAL BUDGET OFFICE COST ESTIMATE Department of Justice for fiscal year 1984. That bill authorized 1984 appropriations totaling $3,314 million. 1. Bill number: H.R. 2912. 9. Estimate prepared by: Charles Essick. 2. Bill title: Department of Justice Appropriation Authorization Estimate approved by: C. G. Nuckols (for James L. Blum, Assist- Act, Fiscal Year 1984 ant Director for Budget Analysis). 20 CHANGES IN EXISTING LAW MADE BY THE BILL, As REPORTED In compliance with clause 3 of Rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omit- ted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman): ADDITIONAL VIEWS OF REPRESENTATIVES EDWARD F. FEIGHAN, JOHN F. SEIBERLING, GEORGE W. CROCKETT, Section 408 of the Act of November 6, 1978 JR., THOMAS N. KINDNESS, AND MICHAEL DEWINE AN AcT TO ESTABLISH A UNIFORM LAW ON THE SUBJECT OF BANKRUPTCIES. We commend the Committee's decision to include language in Section 15 of this bill to prevent the precipitous closing by the De- partment of Justice of the Cleveland Field Office of the Antitrust Division. In all the materials forwarded to the Committee, there is UNITED STATES TRUSTEE PILOT no explanation of why the Department plans to sacrifice the Cleve- SEC. 408. (a) land office, among all its divisions and offices. The Cleveland Antitrust office currently has responsibility for antitrust enforcement in Ohio, Kentucky, West Virginia and east- (c) Chapter 15 of title 11 of the United States Code and chapter ern Michigan. The office therefore has responsibility for such 39 of title 28 of the United States Code are repealed, and all refer- major metropolitan areas as Cleveland, Detroit, Cincinnati, Louis- ences to the United States trustee contained in title 28 of the ville, Toledo and Columbus. The office covers one of the most eco- United States Code are deleted, as of [April 1, 1984] September 30, nomically diverse and industrialized regions of the country, with 1986. The service of any United States trustee, of any assistant significant and deep-rooted linkages. United States trustee, and of any employee employed or appointed The presence of a local field office is essential to the efficient and under the authority of such chapter 39 is terminated on such date. effective enforcement of the antitrust laws. Geographic proximity and visibility are important factors in generating leads with re- spect to criminal price fixing and other predatory activities. Geo- graphic proximity is also of the utmost importance in the investiga- tion of leads. Prompt and effective investigation of leads will neces- sarily suffer if the investigating attorney must travel up to 500 miles to determine the validity of a complaint. In particular, the expense involved in investigating complaints may result in the de- cision not to follow up on otherwise meritorious allegations. The Cleveland Field Office has been historically effective in both the civil and criminal enforcement of antitrust laws. From 1972 to 1979, of the 186 criminal cases filed by the Antitrust Division, 148 (or 80 percent) were filed by the field offices and 38 (or 20 percent) were filed by the Washington sections. Aside from generating leads and allowing for effective investigation, having a local presence is essential to subsequent enforcement efforts since attorneys in the local field office are able to become familiar with the courts, judges and attorneys in the area. From 1977 to 1982, the Cleveland office obtained fines totaling $6.7 million stemming from criminal convictions for violations of the antitrust laws. The imposition of these fines, which greatly ex- ceeded the Cleveland office's operating expenses, has benefitted re- gional consumers both in the form of direct monetary recovery and through deterrence of future unlawful conduct. For example, the success of the Cleveland office in the highly celebrated "Supermarket Case," (United States V. First National Supermarkets, Inc. et al.), has been of direct benefit to Cleveland- area consumers, resulting in the imposition of $5 million in gross fines ($3 million suspended). A related private civil action which (27) 28 dove-tailed the criminal action resulted in the distribution of $20 million in rebate coupons to area consumers. The Committee rightly places a high value on the Antitrust Divi- sion's field offices, which afford a cost-efficient and highly effective tool for moving against regional or local antitrust violators. No ac- ceptable justification has been advanced for the possible closing of ADDITIONAL VIEWS OF MR. FISH this particular office, which has a long and distinguished record in enforcing the antitrust laws in the Cleveland metropolitan area, in During the full Judiciary Committee's deliberations on the De- the State of Ohio, and throughout the midwest. partment of Justice authorization bill, (H.R. 2912), I offered an amendment to facilitate the protection of federal law enforcement EDWARD F. FEIGHAN officials and their families when they are faced with a threat to Member of Congress. their lifes or property. Under current rules and regulations, in life- GEORGE W. CROCKETT, JR. threatening situations, agents of the FBI, INS, and DEA are forced Member of Congress. to move to localities outside their current duty stations to protect RICHARD M. DEWINE, themselves and their families. My amendment would have per- Member of Congress. mitted the payment of per diem allowances to an emloyee serving JOHN F. SEIBERLING, in a law enforcement capacity and relocation/travel expenses for Member of Congress. members of his immediate family, to cover the cost of a move THOMAS N. KINDNESS, within the employee's current duty station area when faced with Member of Congress. such threats. Astonishingly, my amendment was defeated in the full Committee by a vote of 17 to 12. The payment of per diem and related travel expenses is ordinari- ly not permitted when a federal employee relocates within the same geographic area where he or she is assigned. Under normal circumstances, this is a reasonable standard. Moving a family out- side the law enforcement officer's duty station is a costly procedure in terms of money, in terms of law enforcement efficiency, and in terms of family morale. Obviously, such moves on short notice have a seriously disruptive effect on the lives of an employee's spouse and children. As an example, given the current pattern of such incidents, the Federal Bureau of Investigation estimates that approximately 20 of these relocations for their special agents are to be anticipated in the next fiscal year. Based upon this estimate, with the cost of each relocation approximately $6,000, the cost just for FBI relocations in Fiscal Year 1984 would be $120,000. If my amendment is adopted, SO as to allow temporary quarters to be maintained within the duty station area, considerable savings could be recognized by the Feder- al Government. It is my intention to re-offer this amendment when the Depart- ment of Justice Authorization bill is considered on the House floor. I am hopeful that, next time, the amendment will be adopted. HAMILTON FISH, JR. (29) 31 individuals considered to be threats to their protectees. This data includes the name, sex, date of birth, height, weight, hair and eye color. The Secret Service estimates this will include only about 125 persons at any one time who are not confined to penal, mental, or other institutions. SUPPLEMENTAL VIEWS OF MESSRS. SENSENBRENNER, It should be noted that within two hours' implementation, an in- FISH, MOORHEAD, KINDNESS, McCOLLUM, GEKAS AND dividual considered dangerous to a Secret Service protectee and DEWINE ON H.R. 2912 whose whereabouts were unknown was stopped as a result of a As originally introduced, H.R. 2912 contained two provisions traffic violation. That individual, whose residence was on the West which were vigorously opposed by the Republican Members. Coast, was located in a Southern State in possession of a stolen ve- The first provision would, for fiscal year 1984, have suspended hicle. An amendment offered by Mr. Sensenbrenner which deleted the FBI's revised guidelines on domestic security/terrorism which this provision from the bill passed on a voice vote. updated and replaced the old guidelines promulgated by former At- We should not be second guessing the Secret Service. Safeguards torney General Edward Levi in 1976. The new Smith guidelines are have been taken to ensure the information is only submitted to law needed to ensure protection of the public from greater sophistica- enforcement personnel for law enforcement purposes. If amend- tion and the changing nature of domestic groups that are prone to ments are reintroduced to change these regulations, they should be violence. In Committee, an amendment offered by Mr. Sensenbren- strongly opposed. We should not have to wait until another assassi- ner to strike this provision from the bill. However, a compromise nation attempt on a Secret Service protectee occurs to serve as an was worked out which would keep the current guidelines in effect impetus for implementing these important guildelines. until September 30, 1983. At that time, the new Smith guidelines JAMES F. SENSENBRENNER, JR. would be suspended until January 1, 1984. However, we are very GEORGE W. GEKAS concerned the Committee report does not reflect the agreement on HAMILTON FISH the record. As a practical matter, the only time frame that this bill MICHAEL DEWINE can effect is fiscal year 1984, which begins on October 1, 1983. this CARLOS MOORHEAD will give the full Committee and the Justice Department time to THOMAS N. KINDNESS work out an agreement. If no agreement is reached by January 1, 1984, the new Smith guidelines will go back into effect. Efforts to BILL McCoLLUM tinker with this provision on the House floor will receive our vig- O orous opposition. For the record, the following point should be made. It has been alleged that the Smith guidelines currently in effect since March 21 would allow the FBI to investigate mere "advocacy" of detri- mental statements made against our government. This is totally without foundation. The new Smith guidelines allow an investiga- tion "when fact or circumstances reasonably indicate that two or more persons are engaged in an enterprise for the purpose of fur- thering political or social goals wholly or in part through activities that involve force or violence and a violation of the criminal laws of the U.S. In determining whether an investigation should be conducted, the FBI shall consider all of the circumstances in- cluding: (1) the magnitude of the threatened harm; (2) the likeli- hood it will occur; (3) the immediacy of the threat; and (4) the danger to privacy and free expression posed by an investigation." Thus, it is crystal clear that "advocacy" alone of violence or terror- ism will not trigger an investigation. The second provision would have, for fiscal year 1984, prevented the Secret Service from using the FBI's national computerized tele- communications system for the surveillance of individuals who have made threats against the life of the President of the United States and other Secret Service protectees. These guildelines, which went into effect on April 27, enable the Secret Service to place into the National Crime Information Center (NCIC) computer data of (30) I 98TH CONGRESS 1ST SESSION H.R.2912 To authorize appropriations to carry out the activities of the Department of Justice for fiscal year 1984, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 4, 1983 Mr. RODINO introduced the following bill; which was referred to the Committee on the Judiciary A BILL To authorize appropriations to carry out the activities of the Department of Justice for fiscal year 1984, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Department of Justice 4 Appropriation Authorization Act, Fiscal Year 1984". 5 SEC. 2. There are authorized to be appropriated for 6 fiscal year 1984, to carry out the activities of the Depart- 7 ment of Justice (including any bureau, office, board, division, 8 commission, or subdivision thereof) the following sums: 2 1 (1) For general administration, including- 2 (A) the hire of passenger motor vehicles, and 3 (B) miscellaneous and emergency expenses 4 authorized or approved by the Attorney General, 5 the Deputy Attorney General, the Associate At- 6 torney General, or the Assistant Attorney Gener- 7 al for Administration: 8 $56,364,000. 9 (2) For the United States Parole Commission for 10 its activities, including the hire of passenger motor ve- 11 hicles: $7,836,000. 12 (3) For general legal activities, including- 13 (A) the hire of passenger motor vehicles, 14 (B) miscellaneous and emergency expenses 15 authorized or approved by the Attorney General, 16 the Deputy Attorney General, the Associate At- 17 torney General, or the Assistant Attorney Gener- 18 al for Administration, 19 (C) not to exceed $20,000 for expenses of 20 collecting evidence, to be expended under the di- 21 rection of the Attorney General and accounted for 22 solely on the certificate of the Attorney General, 23 (D) advance of public moneys under section 24 3324 of title 31, United States Code, HR 2912 IH 3 1 (E) pay for necessary accommodations in the 2 District of Columbia for conferences and training 3 activities, and 4 (F) not to exceed $50,000 which may be 5 transferred from the "Alien Property Funds, 6 World War II", for the general administrative ex- 7 penses of alien property activities, including rent 8 of private or Government-owned space in the Dis- 9 trict of Columbia: 10 $160,440,000 of which $2,753,000 shall be available 11 for the investigation and prosecution of denaturalization 12 and deportation cases involving alleged Nazi war 13 criminals. 14 (4) For the Antitrust Division for its activities: 15 $45,791,000. 16 (5) For the Foreign Claims Settlement Commis- 17 sion for its activities, including- 18 (A) services as authorized by section 3109 of 19 title 5, United States Code, 20 (B) expenses of packing, shipping, and stor- 21 ing personal effects of personnel assigned abroad, 22 (C) rental or lease, for such periods as may 23 be necessary, of office space and living quarters 24 for personnel assigned abroad, HR 2912 IH 4 1 (D) maintenance, improvement, and repair of 2 properties rented or leased abroad, and furnishing 3 fuel, water, and utilities for such properties, 4 (E) advances of funds abroad, 5 (F) advances or reimbursements to other 6 Government agencies for use of their facilities and 7 services in carrying out the functions of the Com- 8 mission, 9 (G) the hire of motor vehicles for field use 10 only, and 11 (H) the employment of aliens: 12 $954,000. 13 (6) For United States attorneys and marshals, in- 14 cluding- 15 (A) purchase of firearms and ammunition, 16 (B) lease and acquisition of law enforcement 17 and passenger motor vehicles, without regard to 18 the general purchase price limitation for the cur- 19 rent fiscal year, 20 (C) supervision of United States prisoners in 21 non-Federal institutions, 22 (D) bringing to the United States from for- 23 eign countries persons charged with crime, and 24 (E) acquisition, lease, maintenance, and oper- 25 ation of aircraft: HR 2912 IH 5 1 $362,707,000. 2 (7) For United States trustees: $10,000,000. 3 (8) For support of United States prisoners in non- 4 Federal institutions, including- 5 (A) necessary clothing and medical aid, pay- 6 ment of rewards, and reimbursements to Saint 7 Elizabeths Hospital for the care and treatment of 8 United States prisoners, at per diem rates as au- 9 thorized by section 2 of the Act entitled "An Act 10 to authorize certain expenditures from the appro- 11 priations of Saint Elizabeths Hospital, and for 12 other purposes", approved August 4, 1947 (24 13 U.S.C. 168a), 14 (B) entering into contracts or cooperative 15 agreements for only the reasonable and actual 16 cost to assist the government of any State, terri- 17 tory, or political subdivision thereof, for the neces- 18 sary physical renovation, and the acquisition of 19 equipment, supplies, or materials, required to im- 20 prove conditions of confinement and services, of 21 any facility which confines Federal detainees, in 22 accordance with regulations which are to be 23 issued by the Attorney General and which are 24 comparable to the regulations issued under section 25 4006 of title 18, United States Code: HR 2912 IH 6 1 $44,768,000. 2 (9) For fees and expenses of witnesses, including 3 expenses, mileage, compensation, and per diem of wit- 4 nesses in lieu of subsistence, as authorized by law, in- 5 cluding advances of public moneys: $38,266,000. No 6 sums authorized to be appropriated by this Act shall be 7 used to pay any witness more than one attendance fee 8 for any one calendar day. 9 (10) For the Community Relations Service for its 10 activities, including- 11 (A) the hire of passenger motor vehicles, and 12 (B) assistance provided under section 501(c) 13 of the Refugee Education Assistance Act of 1980 14 (Public Law 96-422; 94 Stat. 1809) to individ- 15 uals who are Cuban and Haitian entrants within 16 the meaning of paragraphs (1) and (2)(A) of such 17 section: 18 $33,238,000 of which $26,655,000 shall remain avail- 19 able until expended to make payments in advance for 20 grants, contracts and reimbursable agreements and 21 other expenses necessary to provide assistance under 22 subparagraph (B). 23 (11) For the Federal Bureau of Investigation for 24 its activities, including- HR 2912 IH 7 1 (A) expenses necessary for the detection and 2 prosecution of crimes against the United States, 3 (B) protection of the person of the President 4 of the United States and the person of the Attor- 5 ney General, 6 (C) acquisition, collection, classification, and 7 preservation of identification and other records 8 and their exchange with, and for the official use 9 of, duly authorized officials of the Federal Gov- 10 ernment, of States, of cities, and of other institu- 11 tions, such exchange to be subject to cancellation 12 if dissemination is made outside the receiving de- 13 partments or related agencies, 14 (D) such other investigations regarding. offi- Y 15 cial matters under the control of the Department 16 of Justice and the Department of State as may be 17 directed by the Attorney General, 18 (E) purchase for police-type use, without 19 regard to the general purchase price limitation for 20 the current fiscal year, and hire of passenger 21 motor vehicles, 22 (F) acquisition, lease, maintenance, and oper- 23 ation of aircraft, 24 (G) purchase of firearms and ammunition, 25 (H) payment of rewards, HR 2912 III 8 1 (I) not to exceed $70,000 to meet unforeseen 2 emergencies of a confidential character, to be ex- 3 pended under the direction of the Attorney Gener- 4 al and to be accounted for solely on the certificate 5 of the Attorney General, and 6 (J) classification of arson as a part I crime in 7 its uniform crime reports: 8 $1,055,690,000. None of the sums authorized to be 9 appropriated by this Act for the Federal Bureau of In- 10 vestigation shall be used to pay the compensation of 11 any employee in the competitive service. 12 (12) For the Immigration and Naturalization 13 Service, for expenses necessary for the administration 14 and enforcement of the laws relating to immigration, 15 naturalization, and alien registration, including- 16 (A) advance of cash to aliens for meals and 17 lodging while en route, 18 (B) payment of allowances to aliens, while 19 held in custody under the immigration laws, for 20 work performed, 21 (C) payment of expenses and allowances in- 22 curred in tracking lost persons as required by 23 public exigencies in aid of State or local law en- 24 forcement agencies, 25 (D) payment of rewards, HR 2912 IH 9 1 (E) not to exceed $50,000 to meet unfore- 2 seen emergencies of a confidential character, to be 3 expended under the direction of the Attorney 4 General and accounted for solely on the certificate 5 of the Attorney General, 6 (F) purchase for police-type use, without 7 regard to the general purchase price limitation for 8 the current fiscal year, and hire of passenger 9 motor vehicles, 10 (G) acquisition, lease, maintenance, and oper- 11 ation of aircraft, 12 (H) payment for firearms and ammunition, 13 and for attendance at firearms matches, 14 (I) operation, maintenance, remodeling, and 15 repair of buildings and the purchase of equipment 16 incident thereto, 17 (J) refunds of maintenance bills, immigration 18 fines and other items properly returnable, except 19 deposits of aliens who become public charges and 20 deposits to secure payment of fines and passage 21 money, 22 (K) payment of interpreters and translators 23 who are not citizens of the United States and dis- 24 tribution of citizenship textbooks to aliens without 25 cost to such aliens, HR 2912 IH-2 10 1 (L) acquisition of land as sites for enforce- 2 ment fences, and construction and maintenance in- 3 cident to such fences, 4 (M) research related to immigration enforce- 5 ment, 6 (N) payment of expenses related to the pur- 7 chase of privately-owned animals for official use 8 and expenses related to the maintenance of ani- 9 mals SO used (whether donated, leased, hired, or 10 purchased), and 11 (0) assistance provided under section 501(c) 12 of the Refugee Education Assistance Act of 1980 13 (Public Law 96-422; 94 Stat. 1809) to individ- 14 uals who are Cuban and Haitian entrants within 15 the meaning of paragraphs (1) and (2)(A) of such 16 section: 17 $606,807,000 of which not to exceed $100,000 may 18 be used for the emergency replacement of aircraft upon 19 the certificate of the Attorney General, not to exceed 20 $160,212,000 may be used for the Border Patrol, and 21 not to exceed $77,272,000 may be used for inspections 22 at ports of entry. 23 (13) For the Drug Enforcement Administration 24 for its activities, including- HR 2912 IH 11 1 (A) hire and acquisition of law enforcement 2 and passenger motor vehicles, without regard to 3 the general purchase price limitation for the cur- 4 rent fiscal year, 5 (B) payment in advance for special tests and 6 studies by contract, 7 (C) payment in advance for expenses arising 8 out of contractual and reimbursable agreements 9 with State and local law enforcement and regula- 10 tory agencies while engaged in cooperative en- 11 forcement and regulatory activities in accordance 12 with section 503a(2) of the Controlled Substances 13 Act (21 U.S.C. 873(a)(2)), 14 (D) payment of expenses not to exceed 15 $70,000 to meet unforeseen emergencies of a con- 16 fidential character to be expended under the direc- 17 tion of the Attorney General and to be accounted 18 for solely on the certificate of the Attorney Gen- 19 eral, 20 (E) payment of rewards, 21 (F) payment for publication of technical and 22 informational material in professional and trade 23 journals and purchase of chemicals, apparatus, 24 and scientific equipment, HR 2912 IH 12 1 (G) payment for necessary accommodations 2 in the District of Columbia for conferences and 3 training activities, 4 (H) acquisition, lease, maintenance, and op- 5 eration of aircraft, 6 (I) research related to enforcement and drug 7 control, 8 (J) contracting with individuals for personal 9 services abroad, and such individuals shall not be 10 regarded as employees of the United States Gov- 11 ernment for the purpose of any law administered 12 by the Office of Personnel Management, 13 (K) payment for firearms and ammunition 14 and attendance at firearms matches, 15 (L) payment for tort claims against the 16 United States when such claims arise in foreign 17 countries in connection with Drug Enforcement 18 Administration operations abroad: 19 $284,473,000. Of sums authorized to be appropriated 20 for fiscal year 1984 and made available for the pur- 21 chase of evidence and payment for information (PE/ 22 PI), an amount not to exceed $1,700,000 shall remain 23 available for expenditure until October 1, 1985. 24 (14) For the Federal Prison System for its activi- 25 ties, including- HR 2912 IH 13 1 (A) for the administration, operation, and 2 maintenance of Federal penal and correctional in- 3 stitutions, including supervision and support of 4 United States prisoners in non-Federal institu- 5 tions, 6 (B) purchase and hire of law enforcement 7 and passenger motor vehicles, without regard to 8 the general purchase price limitation for the cur- 9 rent fiscal year, 10 (C) compilation of statistics relating to pris- 11 oners in Federal penal and correctional institu- 12 tions, 13 (D) assistance to State and local govern- 14 ments to improve their correctional systems, 15 (E) purchase of firearms and ammunition, 16 and medals and other awards, 17 (F) payment of rewards, 18 (G) purchase and exchange of farm products 19 and livestock, 20 (H) construction of buildings at prison camps 21 and acquisition of land as authorized by section 22 4010 of title 18, United States Code, 23 (I) transfer to the Health Services Adminis- 24 tration of such amounts as may be necessary, in 25 the discretion of the Attorney General, for the HR 2912 III 14 1 direct expenditure by such Administration for 2 medical relief for inmates of Federal penal and 3 correctional institutions, 4 (J) for Federal Prison Industries, Incorporat- 5 ed, to make such expenditures, within the limits 6 - of funds and borrowing authority, and in accord- 7 ance with law, and to make such contracts and 8 commitments without regard to fiscal year limita- 9 tions as provided in section 9104 of title 31 of the 10 United States Code, as may be necessary to carry 11 out the program set forth in the budget for the 12 current fiscal year for such corporation, including 13 purchase and hire of passenger motor vehicles, 14 (K) for planning, acquisition of sites and con- 15 struction of new facilities, and constructing, re- 16 modeling, and equipping necessary buildings and 17 facilities at existing penal and correctional institu- 18 tions, including all necessary expenses incident 19 thereto, by contract or force account, to remain 20 available until expended, and the labor of United 21 States prisoners may be used for work performed 22 with the sum authorized to be appropriated by 23 this subparagraph, HR 2912 IH 15 1 (L) for carrying out the provisions of chapter 2 319 of title 18, United States Code, relating to 3 the National Institute of Corrections, and 4 (M) assistance provided under section 501(c) 5 of the Refugee Education Assistance Act of 1980 6 (Public Law 96-422; 94 Stat. 1809) to individ- 7 uals who are Cuban and Haitian entrants within 8 the meaning of paragraphs (1) and (2)(A) of such 9 section: 10 $498,070,000. 11 (15) For organized crime drug enforcement activi- 12 ties relating to the detection, investigation, prosecution, 13 and incarceration of individuals involved in organized 14 criminal drug trafficking, not otherwise provided for: 15 $89,949,000. 16 SEC. 3. Sums authorized to be appropriated by this Act 17 may be used for- 18 (1) the travel expenses of members of the family 19 accompanying, preceding, or following an officer or 20 employee if, while he is en route to or from a post of 21 assignment, he is ordered temporarily for orientation 22 and training or is given other temporary duty, and 23 (2) benefits authorized under paragraphs (5), 24 (6)(A), (8), and (9) of section 901 and under section HR 2912 IH 16 1 904 of the Foreign Service Act of 1980 (22 U.S.C. 2 4081(5) et seq.), 3 under regulations issued by the Secretary of State. 4 SEC. 4. (a) Sums authorized to be appropriated by this 5 Act which are available for expenses of attendance at meet- 6 ings shall be expended for such purposes in accordance with 7 regulations issued by the Attorney General. 8 (b) Sums authorized to be appropriated by this Act may 9 be used for the purchase of insurance for motor vehicles and 10 aircraft operated in official Government business in foreign 11 countries. 12 (c) Sums authorized to be appropriated by this Act for 13 salaries and expenses shall be available for services as au- 14 thorized by section 3109 of title 5, United States Code. 15 (d) Sums authorized to be appropriated by this Act to 16 the Department of Justice may be used, in an amount not to 17 exceed $35,000, for official reception and representation ex- 18 penses in accordance with distributions, procedures, and reg- 19 ulations issued by the Attorney General. 20 SEC. 5. There are authorized to be appropriated for 21 fiscal year 1984, such sums as may be necessary for in- 22 creases in salary, pay, retirement, and other employee bene- 23 fits authorized by law, and for other nondiscretionary costs. 24 SEC. 6. Notwithstanding the second paragraph relating 25 to salaries and expenses of the Federal Bureau of Investiga- HR 2912 IH 17 1 tion in the Department of Justice Appropriation Act, 1973 2 (Public Law 92-544; 86 Stat. 1115), sums authorized to be 3 appropriated by this Act for such salaries and expenses may 4 be used in fiscal year 1984 for the purposes described in such 5 paragraph. 6 SEC. 7. (a) With respect to any undercover investigative 7 operation of the Federal Bureau of Investigation which is 8 necessary for the detection and prosecution of crimes against 9 the United States or for the collection of foreign intelligence 10 or counterintelligence- 11 (1) sums authorized to be appropriated for the 12 Federal Bureau of Investigation by this Act may be 13 used for purchasing property, buildings, and other facil- 14 ities, and for leasing space, within the United States, 15 the District of Columbia, and the territories and pos- 16 sessions of the United States, without regard to section 17 1341 of title 31 of the United States Code, section 18 3732(a) of the Revised Statutes (41 U.S.C. 11(a)), sec- 19 tion 305 of the Act of June 30, 1949 (63 Stat. 396; 20 41 U.S.C. 255), the third undesignated paragraph 21 under the heading "Miscellaneous" of the Act of March 22 3, 1877 (19 Stat. 370; 40 U.S.C. 34), section 3324 of 23 title 31 of the United States Code, section 3741 of the 24 Revised Statutes (41 U.S.C. 22), and subsections (a) 25 and (c) of section 304 of the Federal Property and Ad- HR 2912 IH 18 1 ministrative Services Act of 1949 (63 Stat. 395; 41 2 U.S.C. 254(a) and (c)), 3 (2) sums authorized to be appropriated for the 4 Federal Bureau of Investigation by this Act may be 5 used to establish or to acquire proprietary corporations 6 or business entities as part of an undercover investiga- 7 tive operation, and to operate such corporations or 8 business entities on a commercial basis, without regard 9 to section 9102 of title 31 of the United States Code, 10 (3) sums authorized to be appropriated for the 11 Federal Bureau of Investigation by this Act, and the 12 proceeds from such undercover operation, may be de- 13 posited in banks or other financial institutions, without 14 regard to section 648 of title 18 of the United States 15 Code and section 3302 of title 31 of the United States 16 Code, and 17 (4) the proceeds from such undercover operation 18 may be used to offset necessary and reasonable ex- 19 penses incurred in such operation, without regard to 20 section 3302 of title 31 of the United States Code, 21 only upon the written certification of the Director of the Fed- 22 eral Bureau of Investigation (or, if designated by the Direc- 23 tor, an Executive Assistant Director) and the Attorney Gen- 24 eral (or, if designated by the Attorney General, the Deputy 25 Attorney General), that any action authorized by paragraph HR 2912 IH 19 1 (1), (2), (3), or (4) of this subsection is necessary for the con- 2 duct of such undercover operation. Such certification shall 3 continue in effect for the duration of such undercover oper- 4 ation, without regard to fiscal years. 5 (b) As soon as the proceeds from an undercover investi- 6 gative operation with respect to which an action is authorized 7 and carried out under paragraphs (3) and (4) of subsection (a) 8 are no longer necessary for the conduct of such operation, 9 such proceeds or the balance of such proceeds remaining at 10 the time shall be deposited in the Treasury of the United 11 States as miscellaneous receipts. 12 (c) If a corporation or business entity established or ac- 13 quired as part of an undercover operation under paragraph 14 (2) of subsection (a) with a net value of over $50,000 is to be 15 liquidated, sold, or otherwise disposed of, the Federal Bureau 16 of Investigation, as much in advance as the Director or his 17 designee determines is practicable, shall report the circum- 18 stances to the Attorney General and the Comptroller Gener- 19 al. The proceeds of the liquidation, sale, or other disposition, 20 after obligations are met, shall be deposited in the Treasury 21 of the United States as miscellaneous receipts. 22 (d)(1) The Federal Bureau of Investigation shall conduct 23 a detailed financial audit of each undercover investigative op- 24 eration in which covert activities are concluded in fiscal year 25 1984, and each undercover investigative operation in which HR 2912 III 20 1 covert activities are concluded before fiscal year 1984 but 2 which is closed in such fiscal year, and- 3 (A) submit the results of such audit in writing to 4 the Attorney General, and 5 (B) submit a report to the Congress concerning 6. such audit. In the case of an undercover investigative 7 operation initiated or directed by the head of a major 8 field office of the Federal Bureau of Investigation, such 9 report shall be submitted not later than one year after 10 such covert activities are concluded. In the case of any 11 other undercover investigative operation, such report 12 shall be submitted not later than two years after such 13 covert activities are concluded. 14 (2) The Federal Bureau of Investigation shall also 15 submit a report annually to the Congress specifying- 16 (A) the number, by programs, of undercover in- 17 vestigative operations pending as of the end of the one- 18 year period for which such report is submitted, 19 (B) the number, by programs, of undercover in- 20 vestigative operations commenced in the one-year 21 period preceding the period for which such report is 22 submitted, and 23 (C) the number, by programs, of undercover in- 24 vestigative operations closed in the one-year period 25 preceding the period for which such report is submitted HR 2912 IH 21 1 and, with respect to each such closed undercover oper- 2 ation, the results obtained. With respect to each such 3 closed undercover operation which is significant, such 4 report shall contain a detailed description of the oper- 5 ation and related matters, including information per- 6 taining to- 7 (i) the results, 8 (ii) any civil claims, and 9 (iii) any unusual or substantial legal, man- 10 agerial, and other issues, 11 that arose at any time during the course of such undercover 12 operation. 13 (e) For purposes of subsection (d)- 14 (1) the term "closed" refers to the earliest point 15 in time at which- 16 (A) all criminal proceedings (other than ap- 17 peals) are concluded, or 18 (B) covert activities are concluded, 19 whichever occurs later, 20 (2) the term "employees" means employees, as 21 defined in section 2105 of title 5 of the United States 22 Code, of the Federal Bureau of Investigation, 23 (3) the term "significant" means involving- HR 2912 IH 22 1 (A) any of the sensitive circumstances speci- 2 fied in the undercover guidelines established by 3 the Attorney General, or 4 (B) any unusual number or type of results, 5 civil claims, or unusual or substantial legal, man- 6 agerial, or other issues, and 7 (4) the terms "undercover investigative operation" 8 and "undercover operation" mean any undercover in- 9 vestigative operation of the Federal Bureau of Investi- 10 gation (other than a foreign counterintelligence under- 11 cover investigative operation)— 12 (A) in which- 13 (i) the gross receipts (excluding interest 14 earned) exceed $50,000, or 15 (ii) expenditures (other than expendi- 16 tures for salaries of employees) exceed 17 $150,000, and 18 (B) which is exempt from section 3302 or 19 9102 of title 31 of the United States Code. 20 SEC. 8. (a) The Attorney General shall perform- 21 (1) periodic evaluations of the overall efficiency 22 and effectiveness of the Department of Justice pro- 23 grams and any supporting activities funded by appro- 24 priations authorized by this Act, and HR 2912 IH 23 1 (2) annual specific program evaluations of selected 2 subordinate organizations' programs, 3 as determined by the priorities set either by the Congress or 4 the Attorney General. 5 (b) Subordinate Department of Justice organizations and 6 their officials shall provide all the necessary assistance and 7 cooperation in the conduct of evaluations described in subsec- 8 tion (a), including full access to all information, documenta- 9 tion, and cognizant personnel, as required for such evalua- 10 tions. 11 (c) Completed evaluations performed under subsection 12 (a) shall be made available to the Committee on the Judiciary 13 of the Senate, the Committee on the Judiciary of the House 14 of Representatives, and to other appropriate committees. 15 SEC. 9. During the fiscal year for which appropriations 16 are authorized by this Act, each organization of the Depart- 17 ment of Justice, through the appropriate office within the 18 Department of Justice, shall notify in writing the Committee 19 on the Judiciary of the Senate, the Committee on the Judici- 20 ary of the House of Representatives, other appropriate com- 21 mittees, and the ranking minority members thereof, not less 22 than fifteen days before- 23 (1) reprograming of funds in excess of $250,000 24 or 10 per centum, whichever is less, between the pro- 25 grams within the offices, divisions, and boards as de- HR 2912 IH 24 1 fined in the Department of Justice's program structure 2 submitted to the Cómmittees on the Judiciary of the 3 Senate and House of Representatives, 4 (2) reprograming of funds in excess of $500,000 5 or 10 per centum, whichever is less, between programs 6 within the Bureaus as defined in the Department of 7 Justice's program structure submitted to the Commit- 8 tees on the Judiciary of the Senate and the House of 9 Representatives, 10 (3) any reprograming action which involves less 11 than the amounts specified in paragraphs (1) and (2) if 12 such action would have the effect of making significant 13 program changes and committing substantive program 14 funding requirements in future years, 15 (4) increasing personnel or funds by any means for 16 any project or program for which funds or other re- 17 sources have been restricted, 18 (5) creation of new programs or significant aug- 19 mentation of existing programs, 20 (6) reorganization of offices or programs, and 21 (7) significant relocation of offices or employees. 22 SEC. 10. Notwithstanding section 501(e)(2)(B) of the 23 Refugee Education Assistance Act of 1980 (Public Law 96- 24 422; 94 Stat. 1810), funds may be expended for assistance HR 2912 IH 25 1 with respect to Cuban and Haitian entrants as authorized 2 under section 501(c) of such Act. 3 SEC. 11. (a) The Attorney General shall transmit a 4 report to each House of the Congress in any case in which 5 the Attorney General- 6 (1) establishes a policy to refrain from the enforce- 7 ment, in fiscal year 1984, of any provision of law en- 8 acted by the Congress, the enforcement of which is the 9 responsibility of the Department of Justice, because of 10 the position of the Department of Justice that such 11 provision of law is not constitutional, or 12 (2) determines that the Department of Justice will 13 contest, or will refrain from defending, in fiscal year 14 1984, any provision of law enacted by the Congress in 15 any proceeding before any court of the United States, 16 or in any administrative or other proceeding, because 17 of the position of the Department of Justice that such 18 provision of law is not constitutional. 19 (b) Any report required under subsection (a) shall be 20 transmitted not later than thirty days after the Attorney 21 General establishes the policy specified in subsection (a)(1) or 22 makes the determination specified in subsection (a)(2). Each 23 such report shall- 24 (1) specify the provision of law involved, HR 2912 IH 26 1 (2) include a detailed statement of the reasons for 2 thè position of the Department of Justice that such 3 provision of law is not constitutional, and 4 (3) in the case of a determination specified in sub- 5 section (a)(2), indicate the nature of the judicial, admin- 6 istrative, or other proceeding involved. 7 (c) During fiscal year 1984 and notwithstanding any 8 other provision of law, in any case in which the Attorney 9 General determines that the Department of Justice will re- 10 frain from defending or will contest the constitutionality of 11 any statute or provision of law, or in which the Attorney 12 General determines that the Department of Justice will 13 bring, or authorizes the bringing of, an action challenging or 14 contesting the validity of any statute or provision of law, the 15 Attorney General shall not proceed in the name of the United 16 States, but only in the name of the agency or department on 17 whose behalf the Attorney General appears, or the President 18 if the Attorney General appears on the President's behalf. 19 SEC. 12. Section 408(c) of the Act of November 6, 1978 20 (Public Law 95-598; 92 Stat. 2687(c)) is amended by strik- 21 ing out "April 1, 1984" and inserting in lieu thereof "Sep- 22 tember 30, 1986". 23 SEC. 13. During fiscal year 1984, the Attorney General 24 may exercise the authority under paragraphs (1), (2), and (3) HR 2912 IH 27 1 of section 534(a) of title 28, United States Code, only to 2 acquire, collect, classify, and preserve- 3 (1) criminal identification, crime, and other similar 4 criminal records, and 5 (2) records relating to the identification of individ- 6 uals who are deceased or reported as missing. 7 SEC. 14. All investigations conducted in fiscal year 8 1984 by the Federal Bureau of Investigation of activities re- 9 lating to domestic security shall be conducted in accordance 10 with- 11 (1) The Attorney General's Guidelines on Domes- 12 tic Security Investigations, 13 (2) The Attorney General's Guidelines on Use of 14 Informants in Domestic Security, Organized Crime, 15 and Other Criminal Investigations, and 16 (3) The Attorney General's Guidelines on FBI 17 Undercover Operations, 18 as in effect on October 1, 1982. 19 SEC. 15. None of the sums authorized to be appropri- 20 ated by this Act may be used for any activity the purpose of 21 which is to overturn or alter the per se prohibition of resale 22 price maintenance, in effect under the Federal antitrust laws. 23 SEC. 16. None of the sums authorized to be appropri- 24 ated by this Act may be used to transfer any position from 25 any legal division of the Department of Justice to any office HR 2912 IH 28 1 of any United States Attorney or to pay the salary of any 2 employee occupying any such position SO transferred after 3 April 1, 1983. HR 2912 IH