To amend title 28, United States Code, to allow attorneys employed by the Department of Justice to engage in undercover activities consistent with Federal law, notwithstanding any provision of State law.

November 15, 2001

Mr. WALDEN of Oregon (for himself, Mr. DEFAZIO, Mr. WU, Ms. HOOLEY of Oregon, and Mr. BLUMENAUER) introduced the following bill; which was referred to the Committee on the Judiciary

To amend title 28, United States Code, to allow attorneys employed by the Department of Justice to engage in undercover activities consistent with Federal law, notwithstanding any provision of State law.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Investigation Enhancement Act of 2001'.

SEC. 2. UNDERCOVER INVESTIGATIVE PRACTICES CONDUCTED BY FEDERAL ATTORNEYS.

Section 530B(a) of title 28, United States Code, is amended by inserting after the first sentence the following: `Notwithstanding any provision of State law, including disciplinary rules, statutes, regulations, constitutional provisions, or case law, a Government attorney may, for the purpose of enforcing Federal law, provide legal advice, authorization, concurrence, direction, or supervision on conducting undercover activities, and any attorney employed as an investigator or other law enforcement agent by the Department of Justice who is not authorized to represent the United States in criminal or civil law enforcement litigation or to supervise such proceedings may participate in such activities, even though such activities may require the use of deceit or misrepresentation, where such activities are consistent with Federal law.'.

END