[DOCID: f:publ273.107]
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21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT
[[Page 116 STAT. 1758]]
Public Law 107-273
107th Congress
An Act
To authorize appropriations for the Department of Justice for fiscal
year 2002, and for other purposes. <<NOTE: Nov. 2, 2002 - [H.R.
2215]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: 21st Century Department of
Justice Appropriations Authorization Act.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``21st Century
Department of Justice Appropriations Authorization Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS
AUTHORIZATION ACT
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2002 AND 2003
Sec. 101. Specific sums authorized to be appropriated for fiscal year
2002.
Sec. 102. Specific sums authorized to be appropriated for fiscal year
2003.
Sec. 103. Appointment of additional assistant United States attorneys;
reduction of certain litigation positions.
Sec. 104. Authorization for additional assistant United States attorneys
for project safe neighborhoods.
TITLE II--PERMANENT ENABLING PROVISIONS
Sec. 201. Permanent authority.
Sec. 202. Permanent authority relating to enforcement of laws.
Sec. 203. Miscellaneous uses of funds; technical amendments.
Sec. 204. Technical and miscellaneous amendments to Department of
Justice authorities; authority to transfer property of
marginal value; recordkeeping; protection of the Attorney
General.
Sec. 205. Oversight; waste, fraud, and abuse within the Department of
Justice.
Sec. 206. Enforcement of Federal criminal laws by Attorney General.
Sec. 207. Strengthening law enforcement in United States territories,
commonwealths, and possessions.
TITLE III--MISCELLANEOUS
Sec. 301. Repealers.
Sec. 302. Technical amendments to title 18 of the United States Code.
Sec. 303. Required submission of proposed authorization of
appropriations for the Department of Justice for fiscal years
2004 and 2005.
Sec. 304. Study of untested rape examination kits.
Sec. 305. Reports on use of DCS 1000 (Carnivore).
Sec. 306. Study of allocation of litigating attorneys.
Sec. 307. Use of truth-in-sentencing and violent offender incarceration
grants.
Sec. 308. Authority of the Department of Justice Inspector General.
Sec. 309. Review of the Department of Justice.
Sec. 310. Authorization of appropriations.
Sec. 311. Report on threats and assaults against Federal law enforcement
officers, United States judges, United States officials and
their families.
Sec. 312. Additional Federal judgeships.
TITLE IV--VIOLENCE AGAINST WOMEN
Sec. 401. Short title.
[[Page 116 STAT. 1759]]
Sec. 402. Establishment of Violence Against Women Office.
Sec. 403. Effective date.
DIVISION B--MISCELLANEOUS DIVISION
TITLE I--BOYS AND GIRLS CLUBS OF AMERICA
Sec. 1101. Boys and Girls Clubs of America.
TITLE II--DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT OF 2002
Sec. 2001. Short title.
Subtitle A--Drug-Free Prisons and Jails
Sec. 2101. Use of residential substance abuse treatment grants to
provide for services during and after incarceration.
Sec. 2102. Jail-based substance abuse treatment programs.
Sec. 2103. Mandatory revocation of probation and supervised release for
failing a drug test.
Subtitle B--Treatment and Prevention
Sec. 2201. Report on drug-testing technologies.
Sec. 2202. Drug and substance abuse treatment, prevention, education,
and research study.
Sec. 2203. Drug abuse and addiction research.
Subtitle C--Drug Courts
Sec. 2301. Drug courts.
Sec. 2302. Authorization of appropriations.
Sec. 2303. Study by the General Accounting Office.
Subtitle D--Program for Successful Reentry of Criminal Offenders Into
Local Communities
Chapter 1--Post Incarceration Vocational and Remedial Educational
Opportunities for Inmates
Sec. 2411. Post incarceration vocational and remedial educational
opportunities for inmates.
Chapter 2--State Reentry Grant Programs
Sec. 2421. Amendments to the Omnibus Crime Control and Safe Streets Act
of 1968.
Subtitle E--Other Matters
Sec. 2501. Amendment to Controlled Substances Act.
Sec. 2502. Study of methamphetamine treatment.
Sec. 2503. Authorization of funds for DEA police training in South and
Central Asia.
Sec. 2504. United States-Thailand drug prosecutor exchange program.
TITLE III--SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM
Sec. 3001. Increasing the penalty for using physical force to tamper
with witnesses, victims, or informants.
Sec. 3002. Correction of aberrant statutes to permit imposition of both
a fine and imprisonment.
Sec. 3003. Reinstatement of counts dismissed pursuant to a plea
agreement.
Sec. 3004. Appeals from certain dismissals.
Sec. 3005. Clarification of length of supervised release terms in
controlled substance cases.
Sec. 3006. Authority of court to impose a sentence of probation or
supervised release when reducing a sentence of imprisonment
in certain cases.
Sec. 3007. Clarification that making restitution is a proper condition
of supervised release.
TITLE IV--CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002
Sec. 4001. Short title.
Sec. 4002. Technical amendments relating to criminal law and procedure.
Sec. 4003. Additional technicals.
Sec. 4004. Repeal of outmoded provisions.
[[Page 116 STAT. 1760]]
Sec. 4005. Amendments resulting from Public Law 107-56.
Sec. 4006. Cross reference correction.
TITLE V--PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS
Sec. 5001. Paul Coverdell Forensic Sciences Improvement Grants.
Sec. 5002. Authorization of appropriations.
DIVISION C--IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE,
IMMIGRATION, JUVENILE JUSTICE, AND INTELLECTUAL PROPERTY AND ANTITRUST
LAWS
TITLE I--CRIMINAL JUSTICE, CIVIL JUSTICE, AND IMMIGRATION
Subtitle A--General Improvements
Sec. 11001. Law Enforcement Tribute Act.
Sec. 11002. Disclosure of grand jury matters relating to money
laundering offenses.
Sec. 11003. Grant program for State and local domestic preparedness
support.
Sec. 11004. United States Sentencing Commission access to NCIC terminal.
Sec. 11005. Danger pay for FBI agents.
Sec. 11006. Police corps.
Sec. 11007. Radiation exposure compensation technical amendments.
Sec. 11008. Federal Judiciary Protection Act of 2002.
Sec. 11009. James Guelff and Chris McCurley Body Armor Act of 2002.
Sec. 11010. Persons authorized to serve search warrant.
Sec. 11011. Study on reentry, mental illness, and public safety.
Sec. 11012. Technical amendment to Omnibus Crime Control Act.
Sec. 11013. Debt collection improvement.
Sec. 11014. SCAAP authorization.
Sec. 11015. Use of annuity brokers in structured settlements.
Sec. 11016. INS processing fees.
Sec. 11017. United States Parole Commission extension.
Sec. 11018. Waiver of foreign country residence requirement with respect
to international medical graduates.
Sec. 11019. Pretrial disclosure of expert testimony relating to
defendant's mental condition.
Sec. 11020. Multiparty, Multiforum Trial Jurisdiction Act of 2002.
Sec. 11021. Additional place of holding court in the southern district
of Ohio.
Sec. 11022. Direct shipment of wine.
Sec. 11023. Webster Commission implementation report.
Sec. 11024. FBI police.
Sec. 11025. Report on FBI information management and technology.
Sec. 11026. GAO report on crime statistics reporting.
Sec. 11027. Crime-free rural States grants.
Sec. 11028. Motor vehicle franchise contract dispute resolution process.
Sec. 11029. Holding court for the southern district of Iowa.
Sec. 11030. Posthumous citizenship restoration.
Sec. 11030A. Extension of H-1B status for aliens with lengthy
adjudications.
Sec. 11030B. Application for naturalization by alternative applicant if
citizen parent has died.
Subtitle B--EB-5 Amendments
Chapter 1--Immigration Benefits
Sec. 11031. Removal of conditional basis of permanent resident status
for certain alien entrepreneurs, spouses, and children.
Sec. 11032. Conditional permanent resident status for certain alien
entrepreneurs, spouses, and children.
Sec. 11033. Regulations.
Sec. 11034. Definitions.
Chapter 2--Amendments to Other Laws
Sec. 11035. Definition of ``full-time employment''.
Sec. 11036. Eliminating enterprise establishment requirement for alien
entrepreneurs.
Sec. 11037. Amendments to pilot immigration program for regional centers
to promote economic growth.
Subtitle C--Judicial Improvements Act of 2002
Sec. 11041. Short title.
Sec. 11042. Judicial discipline procedures.
Sec. 11043. Technical amendments.
[[Page 116 STAT. 1761]]
Sec. 11044. Severability.
Subtitle D--Antitrust Modernization Commission Act of 2002
Sec. 11051. Short title.
Sec. 11052. Establishment.
Sec. 11053. Duties of the Commission.
Sec. 11054. Membership.
Sec. 11055. Compensation of the Commission.
Sec. 11056. Staff of Commission; experts and consultants.
Sec. 11057. Powers of the Commission.
Sec. 11058. Report.
Sec. 11059. Termination of Commission.
Sec. 11060. Authorization of appropriations.
TITLE II--JUVENILE JUSTICE
Subtitle A--Juvenile Offender Accountability
Sec. 12101. Short title.
Sec. 12102. Juvenile offender accountability.
Subtitle B--Juvenile Justice and Delinquency Prevention Act of 2002
Sec. 12201. Short title.
Sec. 12202. Findings.
Sec. 12203. Purpose.
Sec. 12204. Definitions.
Sec. 12205. Concentration of Federal effort.
Sec. 12206. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 12207. Annual report.
Sec. 12208. Allocation.
Sec. 12209. State plans.
Sec. 12210. Juvenile delinquency prevention block grant program.
Sec. 12211. Research; evaluation; technical assistance; training.
Sec. 12212. Demonstration projects.
Sec. 12213. Authorization of appropriations.
Sec. 12214. Administrative authority.
Sec. 12215. Use of funds.
Sec. 12216. Limitations on use of funds.
Sec. 12217. Rules of construction.
Sec. 12218. Leasing surplus Federal property.
Sec. 12219. Issuance of rules.
Sec. 12220. Content of materials.
Sec. 12221. Technical and conforming amendments.
Sec. 12222. Incentive grants for local delinquency prevention programs.
Sec. 12223. Effective date; application of amendments.
Subtitle C--Juvenile Disposition Hearing
Sec. 12301. Juvenile disposition hearing.
TITLE III--INTELLECTUAL PROPERTY
Subtitle A--Patent and Trademark Office Authorization
Sec. 13101. Short title.
Sec. 13102. Authorization of amounts available to the Patent and
Trademark Office.
Sec. 13103. Electronic filing and processing of patent and trademark
applications.
Sec. 13104. Strategic plan.
Sec. 13105. Determination of substantial new question of patentability
in reexamination proceedings.
Sec. 13106. Appeals in inter partes reexamination proceedings.
Subtitle B--Intellectual Property and High Technology Technical
Amendments
Sec. 13201. Short title.
Sec. 13202. Clarification of Reexamination Procedure Act of 1999;
technical amendments.
Sec. 13203. Patent and Trademark Efficiency Act amendments.
Sec. 13204. Domestic publication of foreign filed Patent Applications
Act of 1999 amendments.
Sec. 13205. Domestic publication of patent applications published
abroad.
Sec. 13206. Miscellaneous clerical amendments.
Sec. 13207. Technical corrections in trademark law.
Sec. 13208. Patent and trademark fee clerical amendment.
[[Page 116 STAT. 1762]]
Sec. 13209. Copyright related corrections to 1999 Omnibus Reform Act.
Sec. 13210. Amendments to title 17, United States Code.
Sec. 13211. Other copyright related technical amendments.
Subtitle C--Educational Use Copyright Exemption
Sec. 13301. Educational use copyright exemption.
Subtitle D--Madrid Protocol Implementation
Sec. 13401. Short title.
Sec. 13402. Provisions to implement the protocol relating to the Madrid
Agreement concerning the international registration of marks.
Sec. 13403. Effective date.
TITLE IV--ANTITRUST TECHNICAL CORRECTIONS ACT OF 2002
Sec. 14101. Short title.
Sec. 14102. Amendments.
Sec. 14103. Effective date; application of amendments.
DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS
AUTHORIZATION ACT
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2002 AND 2003
SEC. 101. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED FOR FISCAL YEAR
2002.
There are authorized to be appropriated for fiscal year 2002, to
carry out the activities of the Department of Justice (including any
bureau, office, board, division, commission, subdivision, unit, or other
component thereof), the following sums:
(1) General administration.--For General Administration:
$92,668,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $173,647,000 for administration of pardon
and clemency petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of
Inspector General: $50,735,000, which shall include for each
such fiscal year, not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
(4) General legal activities.--For General Legal Activities:
$549,176,000, which shall include for each such fiscal year--
(A) not less than $4,000,000 for the investigation
and prosecution of denaturalization and deportation
cases involving alleged Nazi war criminals; and
(B) not to exceed $20,000 to meet unforeseen
emergencies of a confidential character.
(5) Antitrust division.--For the Antitrust Division:
$130,791,000.
(6) United states attorneys.--For United States Attorneys:
$1,353,968,000, which shall include not less than $10,000,000
for the investigation and prosecution of intellectual property
crimes, including software counterfeiting crimes and
[[Page 116 STAT. 1763]]
crimes identified in the No Electronic Theft (NET) Act (Public
Law 105-147): Provided, That such amounts in the appropriations
account ``General Legal Services'' as may be expended for such
investigations or prosecutions shall count towards this minimum
as though expended from this appropriations account.
(7) Federal bureau of investigation.--For the Federal Bureau
of Investigation: $3,524,864,000, which shall include for each
such fiscal year--
(A) not to exceed $33,791,000 for construction, to
remain available until expended; and
(B) not to exceed $70,000 to meet unforeseen
emergencies of a confidential character.
(8) United states marshals service.--For the United States
Marshals Service: $648,696,000, which shall include for each
such fiscal year not to exceed $15,000,000 for construction, to
remain available until expended.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections: $4,622,152,000.
(10) Federal prisoner detention.--For the support of United
States prisoners in non-Federal institutions, as authorized by
section 4013(a) of title 18 of the United States Code:
$706,182,000, to remain available until expended.
(11) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,481,783,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(12) Immigration and naturalization service.--For the
Immigration and Naturalization Service: $3,499,854,000, which
shall include--
(A) not to exceed $2,739,695,000 for salaries and
expenses of enforcement and border affairs (i.e., the
Border Patrol, deportation, intelligence,
investigations, and inspection programs, and the
detention program);
(B) not to exceed $631,745,000 for salaries and
expenses of citizenship and benefits (i.e., programs not
included under subparagraph (A));
(C) for each such fiscal year, not to exceed
$128,454,000 for construction, to remain available until
expended; and
(D) not to exceed $50,000 to meet unforeseen
emergencies of a confidential character.
(13) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $156,145,000 to remain available until expended,
which shall include for each such fiscal year not to exceed
$6,000,000 for construction of protected witness safesites.
(14) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $338,577,000, for
expenses not otherwise provided for, for the investigation and
prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from appropriations
authorized by this paragraph may be used under authorities
available to the organizations reimbursed from such funds.
(15) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,136,000.
[[Page 116 STAT. 1764]]
(16) Community relations service.--For the Community
Relations Service: $9,269,000.
(17) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $22,949,000 for expenses authorized by section 524 of
title 28, United States Code.
(18) United states parole commission.--For the United States
Parole Commission: $9,876,000.
(19) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $1,000,000.
(20) Joint automated booking system.--For expenses necessary
for the operation of the Joint Automated Booking System:
$1,000,000.
(21) Narrowband communications.--For the costs of conversion
to narrowband communications, including the cost for operation
and maintenance of Land Mobile Radio legacy systems:
$94,615,000.
(22) Radiation exposure compensation.--For administrative
expenses in accordance with the Radiation Exposure Compensation
Act: such sums as necessary.
(23) Counterterrorism fund.--For the Counterterrorism Fund
for necessary expenses, as determined by the Attorney General:
$4,989,000.
(24) Office of justice programs.--For administrative
expenses not otherwise provided for, of the Office of Justice
Programs: $132,862,000.
SEC. 102. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED FOR FISCAL YEAR
2003.
There are authorized to be appropriated for fiscal year 2003, to
carry out the activities of the Department of Justice (including any
bureau, office, board, division, commission, subdivision, unit, or other
component thereof), the following sums:
(1) General administration.--For General Administration:
$121,079,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $198,869,000 for administration of pardon
and clemency petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of
Inspector General: $66,288,000, which shall include for each
such fiscal year, not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
(4) General legal activities.--For General Legal Activities:
$659,181,000, which shall include for each such fiscal year--
(A) not less than $4,000,000 for the investigation
and prosecution of denaturalization and deportation
cases involving alleged Nazi war criminals; and
(B) not to exceed $20,000 to meet unforeseen
emergencies of a confidential character.
(5) Antitrust division.--For the Antitrust Division:
$141,855,000.
(6) United states attorneys.--For United States Attorneys:
$1,550,948,000, which shall include not less than $10,000,000
for the investigation and prosecution of intellectual property
crimes, including software counterfeiting crimes and crimes
identified in the No Electronic Theft (NET) Act (Public
[[Page 116 STAT. 1765]]
Law 105-147): Provided, That such amounts in the appropriations
account ``General Legal Services'' as may be expended for such
investigations or prosecutions shall count towards this minimum
as though expended from this appropriations account.
(7) Federal bureau of investigation.--For the Federal Bureau
of Investigation: $4,323,912,000, which shall include for each
such fiscal year--
(A) not to exceed $1,250,000 for construction, to
remain available until expended; and
(B) not to exceed $70,000 to meet unforeseen
emergencies of a confidential character.
(8) United states marshals service.--For the United States
Marshals Service: $737,346,000, which shall include for each
such fiscal year not to exceed $15,153,000 for construction, to
remain available until expended.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections: $4,605,068,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,582,044,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(11) Immigration and naturalization service.--For the
Immigration and Naturalization Service: $4,131,811,000, which
shall include--
(A) not to exceed $3,253,561,000 for salaries and
expenses of Border Patrol, detention and removals,
intelligence, investigations, inspections, and
international enforcement, including not to exceed
$50,000 to meet unforeseen emergencies of a confidential
character;
(B) not to exceed $88,598,000 for salaries and
expenses of immigration services, including
international services; and
(C) not to exceed $789,652,000 for salaries and
expenses for support and administration (i.e., data and
communications, information and records management,
construction, etc.).
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $156,145,000 to remain available until expended,
which shall include for each such fiscal year not to exceed
$6,000,000 for construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $362,131,000, for
expenses not otherwise provided for, for the investigation and
prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from appropriations
authorized by this paragraph may be used under authorities
available to the organizations reimbursed from such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,194,000.
(15) Community relations service.--For the Community
Relations Service: $10,732,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $22,949,000 for expenses authorized by section 524 of
title 28, United States Code.
[[Page 116 STAT. 1766]]
(17) United states parole commission.--For the United States
Parole Commission: $11,355,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $1,388,583,000.
(19) Identification system integration.--For expenses
necessary for the operation of the Identification System
Integration: $24,505,000.
(20) Narrowband communications.--For the costs of conversion
to narrowband communications, including the cost for operation
and maintenance of Land Mobile Radio legacy systems:
$149,292,000.
(21) Radiation exposure compensation.--For administrative
expenses in accordance with the Radiation Exposure Compensation
Act: such sums as necessary.
(22) Counterterrorism fund.--For the Counterterrorism Fund
for necessary expenses, as determined by the Attorney General:
$35,000,000.
(23) Office of justice programs.--For administrative
expenses not otherwise provided for, of the Office of Justice
Programs: $215,811,000.
(24) Legal activities office.--For necessary expenses
related to office automation: $15,942,000.
SEC. 103. APPOINTMENT OF ADDITIONAL ASSISTANT UNITED STATES ATTORNEYS;
REDUCTION OF CERTAIN LITIGATION POSITIONS.
(a) Appointments.--Not <<NOTE: Deadline.>> later than September 30,
2003, the Attorney General may exercise authority under section 542 of
title 28, United States Code, to appoint 200 assistant United States
attorneys in addition to the number of assistant United States attorneys
serving on the date of the enactment of this Act.
(b) Selection of Appointees.--Individuals first appointed under
subsection (a) shall be appointed from among attorneys who are
incumbents of 200 full-time litigation positions in divisions of the
Department of Justice and whose official duty station is at the seat of
Government.
(c) Termination of Positions.--Each of the 200 litigation positions
that become vacant by reason of an appointment made in accordance with
subsections (a) and (b) shall be terminated at the time the vacancy
arises.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 104. <<NOTE: 28 USC 509 note.>> AUTHORIZATION FOR ADDITIONAL
ASSISTANT UNITED STATES ATTORNEYS FOR PROJECT SAFE
NEIGHBORHOODS.
(a) In General.--The Attorney General shall establish a program for
each United States Attorney to provide for coordination with State and
local law enforcement officials in the identification and prosecution of
violations of Federal firearms laws including school gun violence and
juvenile gun offenses.
(b) Authorization for Hiring 94 Additional Assistant United States
Attorneys.--There are authorized to be appropriated to carry out this
section $9,000,000 for fiscal year 2002 to hire an additional Assistant
United States Attorney in each United States Attorney Office.
[[Page 116 STAT. 1767]]
TITLE II--PERMANENT ENABLING PROVISIONS
SEC. 201. PERMANENT AUTHORITY.
(a) In General.--Chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 530C. Authority to use available funds
``(a) In General.--Except to the extent provided otherwise by law,
the activities of the Department of Justice (including any bureau,
office, board, division, commission, subdivision, unit, or other
component thereof) may, in the reasonable discretion of the Attorney
General, be carried out through any means, including--
``(1) through the Department's own personnel, acting within,
from, or through the Department itself;
``(2) by sending or receiving details of personnel to other
branches or agencies of the Federal Government, on a
reimbursable, partially-reimbursable, or nonreimbursable basis;
``(3) through reimbursable agreements with other Federal
agencies for work, materials, or equipment;
``(4) through contracts, grants, or cooperative agreements
with non-Federal parties; and
``(5) as provided in subsection (b), in section 524, and in
any other provision of law consistent herewith, including,
without limitation, section 102(b) of Public Law 102-395 (106
Stat. 1838), as incorporated by section 815(d) of Public Law
104-132 (110 Stat. 1315).
``(b) Permitted Uses.--
``(1) General permitted uses.--Funds available to the
Attorney General (i.e., all funds available to carry out the
activities described in subsection (a)) may be used, without
limitation, for the following:
``(A) The purchase, lease, maintenance, and
operation of passenger motor vehicles, or police-type
motor vehicles for law enforcement purposes, without
regard to general purchase price limitation for the
then-current fiscal year.
``(B) The purchase of insurance for motor vehicles,
boats, and aircraft operated in official Government
business in foreign countries.
``(C) Services of experts and consultants, including
private counsel, as authorized by section 3109 of title
5, and at rates of pay for individuals not to exceed the
maximum daily rate payable from time to time under
section 5332 of title 5.
``(D) Official reception and representation expenses
(i.e., official expenses of a social nature intended in
whole or in predominant part to promote goodwill toward
the Department or its missions, but excluding expenses
of public tours of facilities of the Department of
Justice), in accordance with distributions and
procedures established, and rules issued, by the
Attorney General, and expenses of public tours of
facilities of the Department of Justice.
``(E) Unforeseen emergencies of a confidential
character, to be expended under the direction of the
Attorney
[[Page 116 STAT. 1768]]
General and accounted for solely on the certificate of
the Attorney General.
``(F) Miscellaneous and emergency expenses
authorized or approved by the Attorney General, the
Deputy Attorney General, the Associate Attorney General,
or the Assistant Attorney General for Administration.
``(G) In accordance with procedures established and
rules issued by the Attorney General--
``(i) attendance at meetings and seminars;
``(ii) conferences and training; and
``(iii) advances of public moneys under
section 3324 of title 31: Provided, That travel
advances of such moneys to law enforcement
personnel engaged in undercover activity shall be
considered to be public money for purposes of
section 3527 of title 31.
``(H) Contracting with individuals for personal
services abroad, except that such individuals shall not
be regarded as employees of the United States for the
purpose of any law administered by the Office of
Personnel Management.
``(I) Payment of interpreters and translators who
are not citizens of the United States, in accordance
with procedures established and rules issued by the
Attorney General.
``(J) Expenses or allowances for uniforms as
authorized by section 5901 of title 5, but without
regard to the general purchase price limitation for the
then-current fiscal year.
``(K) Expenses of--
``(i) primary and secondary schooling for
dependents of personnel stationed outside the
United States at cost not in excess of those
authorized by the Department of Defense for the
same area, when it is determined by the Attorney
General that schools available in the locality are
unable to provide adequately for the education of
such dependents; and
``(ii) transportation of those dependents
between their place of residence and schools
serving the area which those dependents would
normally attend when the Attorney General, under
such regulations as he may prescribe, determines
that such schools are not accessible by public
means of transportation.
``(L) payment of rewards (i.e., payments pursuant to
public advertisements for assistance to the Department
of Justice), in accordance with procedures and
regulations established or issued by the Attorney
General: Provided, That--
``(i) no such reward shall exceed $2,000,000,
unless--
``(I) the reward is to combat
domestic terrorism or international
terrorism (as defined in section 2331 of
title 18); or
``(II) a statute should authorize a
higher amount;
``(ii) no such reward of $250,000 or more may
be made or offered without the personal approval
of either the Attorney General or the President;
``(iii) <<NOTE: Notice. Deadline.>> the
Attorney General shall give written notice to the
Chairmen and ranking minority members of the
Committees on Appropriations and the Judiciary
[[Page 116 STAT. 1769]]
of the Senate and of the House of Representatives
not later than 30 days after the approval of a
reward under clause (ii);
``(iv) any executive agency or military
department (as defined, respectively, in sections
105 and 102 of title 5) may provide the Attorney
General with funds for the payment of rewards; and
``(v) neither the failure of the Attorney
General to authorize a payment nor the amount
authorized shall be subject to judicial review.
``(2) Specific permitted uses.--
``(A) Aircraft and boats.--Funds available to the
Attorney General for United States Attorneys, for the
Federal Bureau of Investigation, for the United States
Marshals Service, for the Drug Enforcement
Administration, and for the Immigration and
Naturalization Service may be used for the purchase,
lease, maintenance, and operation of aircraft and boats,
for law enforcement purposes.
``(B) Purchase of ammunition and firearms; firearms
competitions.--Funds available to the Attorney General
for United States Attorneys, for the Federal Bureau of
Investigation, for the United States Marshals Service,
for the Drug Enforcement Administration, for the Federal
Prison System, for the Office of the Inspector General,
and for the Immigration and Naturalization Service may
be used for--
``(i) the purchase of ammunition and firearms;
and
``(ii) participation in firearms competitions.
``(C) Construction.--Funds available to the Attorney
General for construction may be used for expenses of
planning, designing, acquiring, building, constructing,
activating, renovating, converting, expanding,
extending, remodeling, equipping, repairing, or
maintaining buildings or facilities, including the
expenses of acquisition of sites therefor, and all
necessary expenses incident or related thereto; but the
foregoing shall not be construed to mean that funds
generally available for salaries and expenses are not
also available for certain incidental or minor
construction, activation, remodeling, maintenance, and
other related construction costs.
``(3) Fees and expenses of witnesses.--Funds available to
the Attorney General for fees and expenses of witnesses may be
used for--
``(A) expenses, mileage, compensation, protection,
and per diem in lieu of subsistence, of witnesses
(including advances of public money) and as authorized
by section 1821 or other law, except that no witness may
be paid more than 1 attendance fee for any 1 calendar
day;
``(B) fees and expenses of neutrals in alternative
dispute resolution proceedings, where the Department of
Justice is a party; and
``(C) construction of protected witness safesites.
``(4) Federal bureau of investigation.--Funds available to
the Attorney General for the Federal Bureau of Investigation for
the detection, investigation, and prosecution of crimes against
the United States may be used for the conduct of all its
authorized activities.
[[Page 116 STAT. 1770]]
``(5) Immigration and naturalization service.--Funds
available to the Attorney General for the Immigration and
Naturalization Service may be used for--
``(A) acquisition of land as sites for enforcement
fences, and construction incident to such fences;
``(B) cash advances to aliens for meals and lodging
en route;
``(C) refunds of maintenance bills, immigration
fines, and other items properly returnable, except
deposits of aliens who become public charges and
deposits to secure payment of fines and passage money;
and
``(D) expenses and allowances incurred in tracking
lost persons, as required by public exigencies, in aid
of State or local law enforcement agencies.
``(6) Federal prison system.--Funds available to the
Attorney General for the Federal Prison System may be used for--
``(A) inmate medical services and inmate legal
services, within the Federal prison system;
``(B) the purchase and exchange of farm products and
livestock;
``(C) the acquisition of land as provided in section
4010 of title 18; and
``(D) the construction of buildings and facilities
for penal and correctional institutions (including
prison camps), by contract or force account, including
the payment of United States prisoners for their work
performed in any such construction;
except that no funds may be used to distribute or make available
to a prisoner any commercially published information or material
that is sexually explicit or features nudity.
``(7) Detention trustee.--Funds available to the Attorney
General for the Detention Trustee may be used for all the
activities of such Trustee in the exercise of all power and
functions authorized by law relating to the detention of Federal
prisoners in non-Federal institutions or otherwise in the
custody of the United States Marshals Service and to the
detention of aliens in the custody of the Immigration and
Naturalization Service, including the overseeing of construction
of detention facilities or for housing related to such
detention, the management of funds appropriated to the
Department for the exercise of detention functions, and the
direction of the United States Marshals Service and Immigration
Service with respect to the exercise of detention policy setting
and operations for the Department of Justice.
``(c) Related Provisions.--
``(1) Limitation of compensation of individuals employed as
attorneys.--No funds available to the Attorney General may be
used to pay compensation for services provided by an individual
employed as an attorney (other than an individual employed to
provide services as a foreign attorney in special cases) unless
such individual is duly licensed and authorized to practice as
an attorney under the law of a State, a territory of the United
States, or the District of Columbia.
``(2) Reimbursements paid to governmental entities.--Funds
available to the Attorney General that are paid as reimbursement
to a governmental unit of the Department of
[[Page 116 STAT. 1771]]
Justice, to another Federal entity, or to a unit of State or
local government, may be used under authorities available to the
unit or entity receiving such reimbursement.
``(d) Foreign Reimbursements.--Whenever the Department of Justice or
any component participates in a cooperative project to improve law
enforcement or national security operations or services with a friendly
foreign country on a cost-sharing basis, any reimbursements or
contributions received from that foreign country to meet its share of
the project may be credited to appropriate current appropriations
accounts of the Department of Justice or any component. The amount of a
reimbursement or contribution credited shall be available only for
payment of the share of the project expenses allocated to the
participating foreign country.
``(e) Railroad Police Training Fees.--The Attorney General is
authorized to establish and collect a fee to defray the costs of
railroad police officers participating in a Federal Bureau of
Investigation law enforcement training program authorized by Public Law
106-110, and to credit such fees to the appropriation account `Federal
Bureau of Investigation, Salaries and Expenses', to be available until
expended for salaries and expenses incurred in providing such services.
``(f) Warranty Work.--In instances where the Attorney General
determines that law enforcement-, security-, or mission-related
considerations mitigate against obtaining maintenance or repair services
from private sector entities for equipment under warranty, the Attorney
General is authorized to seek reimbursement from such entities for
warranty work performed at Department of Justice facilities, and to
credit any payment made for such work to any appropriation charged
therefor.''.
(b) Conforming Amendment.--The table of sections of chapter 31 of
title 28, United States Code, is amended by adding at the end the
following:
``530C. Authority to use available funds.''.
SEC. 202. PERMANENT AUTHORITY RELATING TO ENFORCEMENT OF LAWS.
(a) In General.--Chapter 31 of title 28, United States Code (as
amended by section 201), is amended by adding at the end the following:
``Sec. 530D. Report on enforcement of laws
``(a) Report.--
``(1) In general.--The Attorney General shall submit to the
Congress a report of any instance in which the Attorney General
or any officer of the Department of Justice--
``(A) establishes or implements a formal or informal
policy to refrain--
``(i) from enforcing, applying, or
administering any provision of any Federal
statute, rule, regulation, program, policy, or
other law whose enforcement, application, or
administration is within the responsibility of the
Attorney General or such officer on the grounds
that such provision is unconstitutional; or
``(ii) within any judicial jurisdiction of or
within the United States, from adhering to,
enforcing, applying, or complying with, any
standing rule of decision (binding upon courts of,
or inferior to those of,
[[Page 116 STAT. 1772]]
that jurisdiction) established by a final decision
of any court of, or superior to those of, that
jurisdiction, respecting the interpretation,
construction, or application of the Constitution,
any statute, rule, regulation, program, policy, or
other law whose enforcement, application, or
administration is within the responsibility of the
Attorney General or such officer;
``(B) determines--
``(i) to contest affirmatively, in any
judicial, administrative, or other proceeding, the
constitutionality of any provision of any Federal
statute, rule, regulation, program, policy, or
other law; or
``(ii) to refrain (on the grounds that the
provision is unconstitutional) from defending or
asserting, in any judicial, administrative, or
other proceeding, the constitutionality of any
provision of any Federal statute, rule,
regulation, program, policy, or other law, or not
to appeal or request review of any judicial,
administrative, or other determination adversely
affecting the constitutionality of any such
provision; or
``(C) approves (other than in circumstances in which
a report is submitted to the Joint Committee on
Taxation, pursuant to section 6405 of the Internal
Revenue Code of 1986) the settlement or compromise
(other than in bankruptcy) of any claim, suit, or other
action--
``(i) against the United States (including any
agency or instrumentality thereof) for a sum that
exceeds, or is likely to exceed, $2,000,000,
excluding prejudgment interest; or
``(ii) by the United States (including any
agency or instrumentality thereof) pursuant to an
agreement, consent decree, or order (or pursuant
to any modification of an agreement, consent
decree, or order) that provides injunctive or
other nonmonetary relief that exceeds, or is
likely to exceed, 3 years in duration: Provided,
That for purposes of this clause, the term
``injunctive or other nonmonetary relief'' shall
not be understood to include the following, where
the same are a matter of public record--
``(I) debarments, suspensions, or
other exclusions from Government
contracts or grants;
``(II) mere reporting requirements
or agreements (including sanctions for
failure to report);
``(III) requirements or agreements
merely to comply with statutes or
regulations;
``(IV) requirements or agreements to
surrender professional licenses or to
cease the practice of professions,
occupations, or industries;
``(V) any criminal sentence or any
requirements or agreements to perform
community service, to serve probation,
or to participate in supervised release
from detention, confinement, or prison;
or
``(VI) agreements to cooperate with
the government in investigations or
prosecutions (whether or not the
agreement is a matter of public record).
[[Page 116 STAT. 1773]]
``(2) Submission of report to the congress.--For the
purposes of paragraph (1), a report shall be considered to be
submitted to the Congress if the report is submitted to--
``(A) the majority leader and minority leader of the
Senate;
``(B) the Speaker, majority leader, and minority
leader of the House of Representatives;
``(C) the chairman and ranking minority member of
the Committee on the Judiciary of the House of
Representatives and the chairman and ranking minority
member of the Committee on the Judiciary of the Senate;
and
``(D) the Senate Legal Counsel and the General
Counsel of the House of Representatives.
``(b) Deadline.--A report shall be submitted--
``(1) under subsection (a)(1)(A), not later than 30 days
after the establishment or implementation of each policy;
``(2) under subsection (a)(1)(B), within such time as will
reasonably enable the House of Representatives and the Senate to
take action, separately or jointly, to intervene in timely
fashion in the proceeding, but in no event later than 30 days
after the making of each determination; and
``(3) under subsection (a)(1)(C), not later than 30 days
after the conclusion of each fiscal-year quarter, with respect
to all approvals occurring in such quarter.
``(c) Contents.--A report required by subsection (a) shall--
``(1) specify the date of the establishment or
implementation of the policy described in subsection (a)(1)(A),
of the making of the determination described in subsection
(a)(1)(B), or of each approval described in subsection
(a)(1)(C);
``(2) include a complete and detailed statement of the
relevant issues and background (including a complete and
detailed statement of the reasons for the policy or
determination, and the identity of the officer responsible for
establishing or implementing such policy, making such
determination, or approving such settlement or compromise),
except that--
``(A) such details may be omitted as may be
absolutely necessary to prevent improper disclosure of
national-security- or classified information, of any
information subject to the deliberative-process-,
executive-, attorney-work-product-, or attorney-client
privileges, or of any information the disclosure of
which is prohibited by section 6103 of the Internal
Revenue Code of 1986, or other law or any court order if
the fact of each such omission (and the precise ground
or grounds therefor) is clearly noted in the statement:
Provided, That this subparagraph shall not be construed
to deny to the Congress (including any House, Committee,
or agency thereof) any such omitted details (or related
information) that it lawfully may seek, subsequent to
the submission of the report; and
``(B) the requirements of this paragraph shall be
deemed satisfied--
``(i) in the case of an approval described in
subsection (a)(1)(C)(i), if an unredacted copy of
the entire settlement agreement and consent decree
or order (if any) is provided, along with a
statement indicating the legal and factual basis
or bases for the settlement
[[Page 116 STAT. 1774]]
or compromise (if not apparent on the face of
documents provided); and
``(ii) in the case of an approval described in
subsection (a)(1)(C)(ii), if an unredacted copy of
the entire settlement agreement and consent decree
or order (if any) is provided, along with a
statement indicating the injunctive or other
nonmonetary relief (if not apparent on the face of
documents provided); and
``(3) in the case of a determination described in subsection
(a)(1)(B) or an approval described in subsection (a)(1)(C),
indicate the nature, tribunal, identifying information, and
status of the proceeding, suit, or action.
``(d) Declaration.--In the case of a determination described in
subsection (a)(1)(B), the representative of the United States
participating in the proceeding shall make a clear declaration in the
proceeding that any position expressed as to the constitutionality of
the provision involved is the position of the executive branch of the
Federal Government (or, as applicable, of the President or of any
executive agency or military department).
``(e) Applicability to the President and to Executive Agencies and
Military Departments.--The reporting, declaration, and other provisions
of this section relating to the Attorney General and other officers of
the Department of Justice shall apply to the President (but only with
respect to the promulgation of any unclassified Executive order or
similar memorandum or order), to the head of each executive agency or
military department (as defined, respectively, in sections 105 and 102
of title 5, United States Code) that establishes or implements a policy
described in subsection (a)(1)(A) or is authorized to conduct
litigation, and to the officers of such executive agency.''.
(b) Conforming Amendments.--
(1) The table of sections for chapter 31 of title 28, United
States Code (as amended by section 201), is amended by adding at
the end the following:
``530D. Report on enforcement of laws.''.
(2) Section 712 of Public Law 95-521 <<NOTE: 2 USC
288k.>> (92 Stat. 1883) is amended by striking subsection (b)
and inserting:
``(b) <<NOTE: Notification.>> The Attorney General shall notify
Counsel as required by section 530D of title 28.''.
(3) <<NOTE: Deadline. 28 USC 530D note.>> Not later than 30
days after the date of the enactment of this Act, the President
shall advise the head of each executive agency or military
department (as defined, respectively, in sections 105 and 102 of
title 5, United States Code) of the enactment of this section.
(4)(A) <<NOTE: Deadline. Reports. 28 USC 530D note.>> Not
later than 90 days after the date of the enactment of this Act,
the Attorney General (and, as applicable, the President, and the
head of any executive agency or military department described in
subsection (e) of section 530D of title 28, United States Code,
as added by subsection (a)) shall submit to Congress a report
(in accordance with subsections (a), (c), and (e) of such
section) on--
(i) all policies of which the Attorney General and
applicable official are aware described in subsection
(a)(1)(A) of such section that were established or
implemented before the date of the enactment of this Act
and were in effect on such date; and
[[Page 116 STAT. 1775]]
(ii) all determinations of which the Attorney
General and applicable official are aware described in
subsection (a)(1)(B) of such section that were made
before the date of the enactment of this Act and were in
effect on such date.
(B) If a determination described in subparagraph (A)(ii)
relates to any judicial, administrative, or other proceeding
that is pending in the 90-day period beginning on the date of
the enactment of this Act, with respect to any such
determination, then the report required by this paragraph shall
be submitted within such time as will reasonably enable the
House of Representatives and the Senate to take action,
separately or jointly, to intervene in timely fashion in the
proceeding, but not later than 30 days after the date of the
enactment of this Act.
(5) <<NOTE: 2 USC 130f.>> Section 101 of Public Law 106-57
(113 Stat. 414) is amended by striking subsection (b).
SEC. 203. MISCELLANEOUS USES OF FUNDS; TECHNICAL AMENDMENTS.
(a) Bureau of Justice Assistance Grant Programs.--Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended--
(1) <<NOTE: 42 USC 3754.>> in section 504(a) by striking
``502'' and inserting ``501(b)'';
(2) <<NOTE: 42 USC 3756.>> in section 506(a)(1) by striking
``participating'';
(3) <<NOTE: 42 USC 3760.>> in section 510(a)(3) by striking
``502'' and inserting ``501(b)'';
(4) in section 510 by adding at the end the following:
``(d) No grants or contracts under subsection (b) may be made,
entered into, or used, directly or indirectly, to provide any security
enhancements or any equipment to any non-governmental entity that is not
engaged in law enforcement or law enforcement support, criminal or
juvenile justice, or delinquency prevention.''; and
(5) <<NOTE: 42 USC 3761.>> in section 511 by striking
``503'' and inserting ``501(b)''.
(b) Attorneys Specially Retained by the Attorney General.--The 3d
sentence of section 515(b) of title 28, United States Code, is amended
by striking ``at not more than $12,000''.
SEC. 204. TECHNICAL AND MISCELLANEOUS AMENDMENTS TO DEPARTMENT OF
JUSTICE AUTHORITIES; AUTHORITY TO TRANSFER PROPERTY OF
MARGINAL VALUE; RECORDKEEPING; PROTECTION OF THE ATTORNEY
GENERAL.
(a) Section 524 of title 28, United States Code, is amended--
(1) in subsection (a) by inserting ``to the Attorney
General'' after ``available'';
(2) in subsection (c)(1)--
(A) by striking the semicolon at the end of the 1st
subparagraph (I) and inserting a period;
(B) by striking the 2d subparagraph (I);
(C) by striking ``(A)(iv), (B), (F), (G), and (H)''
in the first sentence following the second subparagraph
(I) and inserting ``(B), (F), and (G)''; and
(D) by striking ``fund'' in the 3d sentence
following the 2d subparagraph (I) and inserting
``Fund'';
(3) in subsection (c)(2)--
[[Page 116 STAT. 1776]]
(A) by inserting before the period in the last
sentence ``, without both the personal approval of the
Attorney General and written notice within 30 days
thereof to the Chairmen and ranking minority members of
the Committees on Appropriations and the Judiciary of
the Senate and of the House of Representatives'';
(B) by striking ``for information'' each place it
appears; and
(C) by striking ``$250,000'' the 2d and 3d places it
appears and inserting ``$500,000'';
(4) in subsection (c)(3) by striking ``(F)'' and inserting
``(G)'';
(5) in subsection (c)(5) by striking ``Fund which'' and
inserting ``Fund, that'';
(6) in subsection (c)(8)(A), by striking ``(A)(iv), (B),
(F), (G), and (H)'' and inserting ``(B), (F), and (G)''; and
(7) in subsection (c)(9)(B)--
(A) by striking ``year 1997'' and inserting ``years
2002 and 2003''; and
(B) by striking ``Such transfer shall not'' and
inserting ``Each such transfer shall be subject to
satisfaction by the recipient involved of any
outstanding lien against the property transferred, but
no such transfer shall''.
(b) Section 522 of title 28, United States Code, is amended by
inserting ``(a)'' before ``The'', and by inserting at the end the
following:
``(b) With respect to any data, records, or other information
acquired, collected, classified, preserved, or published by the Attorney
General for any statistical, research, or other aggregate reporting
purpose beginning not later than 1 year after the date of enactment of
21st Century Department of Justice Appropriations Authorization Act and
continuing thereafter, and notwithstanding any other provision of law,
the same criteria shall be used (and shall be required to be used, as
applicable) to classify or categorize offenders and victims (in the
criminal context), and to classify or categorize actors and acted upon
(in the noncriminal context).''.
(c) Section 534(a)(3) of title 28, United States Code, is amended by
adding ``and'' after the semicolon.
(d) Section 509(3) of title 28, United States Code, is amended by
striking the 2d period.
(e) Section 533 of title 28, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by adding after paragraph (2) a new paragraph as
follows:
``(3) to assist in the protection of the person of the
Attorney General.''.
(f) <<NOTE: 31 USC 6503 note.>> No compensation or reimbursement
paid pursuant to section 501(a) of Public Law 99-603 (100 Stat. 3443) or
section 241(i) of the Act of June 27, 1952 (ch. 477) shall be subject to
section 6503(d) of title 31, United States Code, and no funds available
to the Attorney General may be used to pay any assessment made pursuant
to such section 6503 with respect to any such compensation or
reimbursement.
(g) <<NOTE: 28 USC 527 note.>> Section 108 of Public Law 103-121
(107 Stat. 1164) is amended by replacing ``three'' with ``six'', by
replacing ``only'' with ``, first,'', and by replacing ``litigation.''
with ``litigation, and, thereafter, for financial systems, and other
personnel, administrative, and litigation expenses of debt collection
activities.''.
[[Page 116 STAT. 1777]]
SEC. 205. OVERSIGHT; WASTE, FRAUD, AND ABUSE WITHIN THE DEPARTMENT OF
JUSTICE.
(a) Section 529 of title 28, United States Code, is amended by
inserting ``(a)'' before ``Beginning'', and by adding at the end the
following:
``(b) <<NOTE: Deadline. Reports.>> Notwithstanding any provision of
law limiting the amount of management or administrative expenses, the
Attorney General shall, not later than May 2, 2003, and of every year
thereafter, prepare and provide to the Committees on the Judiciary and
Appropriations of each House of the Congress using funds available for
the underlying programs--
``(1) a report identifying and describing every grant (other
than one made to a governmental entity, pursuant to a statutory
formula), cooperative agreement, or programmatic services
contract that was made, entered into, awarded, or, for which
additional or supplemental funds were provided in the
immediately preceding fiscal year, by or on behalf of the Office
of Justice Programs (including any component or unit thereof,
and the Office of Community Oriented Policing Services), and
including, without limitation, for each such grant, cooperative
agreement, or contract: the term, the dollar amount or value, a
description of its specific purpose or purposes, the names of
all grantees or parties, the names of each unsuccessful
applicant or bidder, and a description of the specific purpose
or purposes proposed in each unsuccessful application or bid,
and of the reason or reasons for rejection or denial of the
same; and
``(2) a report identifying and reviewing every grant (other
than one made to a governmental entity, pursuant to a statutory
formula), cooperative agreement, or programmatic services
contract over $5,000,000 made, entered into, awarded, or for
which additional or supplemental funds were provided, after
October 1, 2002, by or on behalf of the Office of Justice
Programs (including any component or unit thereof, and the
Office of Community Oriented Policing Services) that was
programmatically and financially closed out or that otherwise
ended in the immediately preceding fiscal year (or even if not
yet closed out, was terminated or otherwise ended in the fiscal
year that ended 2 years before the end of such immediately
preceding fiscal year), and including, without limitation, for
each such grant, cooperative agreement, or contract: a
description of how the appropriated funds involved actually were
spent, statistics relating to its performance, its specific
purpose or purposes, and its effectiveness, and a written
declaration by each non-Federal grantee and each non-Federal
party to such agreement or to such contract, that--
``(A) the appropriated funds were spent for such
purpose or purposes, and only such purpose or purposes;
``(B) the terms of the grant, cooperative agreement,
or contract were complied with; and
``(C) all documentation necessary for conducting a
full and proper audit under generally accepted
accounting principles, and any (additional)
documentation that may have been required under the
grant, cooperative agreement, or contract, have been
kept in orderly fashion and will be preserved for not
less than 3 years from the date of such close out,
termination, or end;
[[Page 116 STAT. 1778]]
except that the requirement of this paragraph shall be deemed
satisfied with respect to any such description, statistics, or
declaration if such non-Federal grantee or such non-Federal
party shall have failed to provide the same to the Attorney
General, and the Attorney General notes the fact of such failure
and the name of such grantee or such party in the report.''.
(b) Section 1913 of title 18, United States Code, is amended by
striking ``to favor'' and inserting ``a jurisdiction, or an official of
any government, to favor, adopt,'', by inserting ``, law, ratification,
policy,'' after ``legislation'' every place it appears, by striking ``by
Congress'' the 2d place it appears, by inserting ``or such official''
before ``, through the proper'', by inserting ``, measure,'' before ``or
resolution'', by striking ``Members of Congress on the request of any
Member'' and inserting ``any such Member or official, at his request,'',
by striking ``for legislation'' and inserting ``for any legislation'',
and by striking the period and the paragraph following ``business'' and
inserting ``, or from making any communication whose prohibition by this
section might, in the opinion of the Attorney General, violate the
Constitution or interfere with the conduct of foreign policy, counter-
intelligence, intelligence, or national security activities. Violations
of this section shall constitute violations of section 1352(a) of title
31.''.
(c) Section 1516(a) of title 18, United States Code, is amended by
inserting ``, entity, or program'' after ``person'', and by inserting
``grant, or cooperative agreement,'' after ``subcontract,''.
(d) Section 112 of title I of section 101(b) of division A of Public
Law 105-277 <<NOTE: 42 USC 3712 note.>> (112 Stat. 2681-67) is amended
by striking ``fiscal year'' and all that follows through ``Justice--'',
and inserting ``any fiscal year the Attorney General--''.
(e) Section 2320(f) of title 18, United States Code, is amended--
(1) by striking ``title 18'' each place it appears and
inserting ``this title''; and
(2) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(3) by inserting ``(1)'' after ``(f)''; and
(4) by adding at the end the following:
``(2)(A) The report under paragraph (1), with respect to criminal
infringement of copyright, shall include the following:
``(i) The number of infringement cases in these categories:
audiovisual (videos and films); audio (sound recordings);
literary works (books and musical compositions); computer
programs; video games; and, others.
``(ii) The number of online infringement cases.
``(iii) The number and dollar amounts of fines assessed in
specific categories of dollar amounts. These categories shall
be: no fines ordered; fines under $500; fines from $500 to
$1,000; fines from $1,000 to $5,000; fines from $5,000 to
$10,000; and fines over $10,000.
``(iv) The total amount of restitution ordered in all
copyright infringement cases.
``(B) In this paragraph, the term `online infringement cases' as
used in paragraph (2) means those cases where the infringer--
``(i) advertised or publicized the infringing work on the
Internet; or
``(ii) made the infringing work available on the Internet
for download, reproduction, performance, or distribution by
other persons.
[[Page 116 STAT. 1779]]
``(C) The information required under subparagraph (A) shall be
submitted in the report required in fiscal year 2005 and thereafter.''.
SEC. 206. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY ATTORNEY GENERAL.
Section 535 of title 28, United States Code, is amended in
subsections (a) and (b), by replacing ``title 18'' with ``Federal
criminal law'', and in subsection (b), by replacing ``or complaint'' the
1st place it appears with ``matter, or complaint witnessed, discovered,
or'', and by inserting ``or the witness, discoverer, or recipient, as
appropriate,'' after ``agency,''.
SEC. 207. STRENGTHENING LAW ENFORCEMENT IN UNITED STATES TERRITORIES,
COMMONWEALTHS, AND POSSESSIONS.
(a) Extended Assignment Incentive.--Chapter 57 of title 5, United
States Code, is amended--
(1) in subchapter IV, by inserting at the end the following:
``Sec. 5757. Extended assignment incentive
``(a) The head of an Executive agency may pay an extended assignment
incentive to an employee if--
``(1) the employee has completed at least 2 years of
continuous service in 1 or more civil service positions located
in a territory or possession of the United States, the
Commonwealth of Puerto Rico, or the Commonwealth of the Northern
Mariana Islands;
``(2) the agency determines that replacing the employee with
another employee possessing the required qualifications and
experience would be difficult; and
``(3) the agency determines it is in the best interest of
the Government to encourage the employee to complete a specified
additional period of employment with the agency in the territory
or possession, the Commonwealth of Puerto Rico or Commonwealth
of the Northern Mariana Islands, except that the total amount of
service performed in a particular territory, commonwealth, or
possession under 1 or more agreements established under this
section may not exceed 5 years.
``(b) The sum of extended assignment incentive payments for a
service period may not exceed the greater of--
``(1) an amount equal to 25 percent of the annual rate of
basic pay of the employee at the beginning of the service
period, times the number of years in the service period; or
``(2) $15,000 per year in the service period.
``(c)(1) Payment of an extended assignment incentive shall be
contingent upon the employee entering into a written agreement with the
agency specifying the period of service and other terms and conditions
under which the extended assignment incentive is payable.
``(2) The agreement shall set forth the method of payment, including
any use of an initial lump-sum payment, installment payments, or a final
lump-sum payment upon completion of the entire period of service.
``(3) The agreement shall describe the conditions under which the
extended assignment incentive may be canceled prior to the
[[Page 116 STAT. 1780]]
completion of agreed-upon service period and the effect of the
cancellation. The agreement shall require that if, at the time of
cancellation of the incentive, the employee has received incentive
payments which exceed the amount which bears the same relationship to
the total amount to be paid under the agreement as the completed service
period bears to the agreed-upon service period, the employee shall repay
that excess amount, at a minimum, except that an employee who is
involuntarily reassigned to a position stationed outside the territory,
commonwealth, or possession or involuntarily separated (not for cause on
charges of misconduct, delinquency, or inefficiency) may not be required
to repay any excess amounts.
``(d) An agency may not put an extended assignment incentive into
effect during a period in which the employee is fulfilling a recruitment
or relocation bonus service agreement under section 5753 or for which an
employee is receiving a retention allowance under section 5754.
``(e) Extended assignment incentive payments may not be considered
part of the basic pay of an employee.
``(f) The Office of Personnel Management may prescribe regulations
for the administration of this section, including regulations on an
employee's entitlement to retain or receive incentive payments when an
agreement is canceled. Neither this section nor implementing regulations
may impair any agency's independent authority to administratively
determine compensation for a class of its employees.''; and
(2) in the analysis by adding at the end the following:
``5757. Extended assignment incentive.''.
(b) Conforming Amendment.--Section 5307(a)(2)(B) of title 5, United
States Code, is amended by striking ``or 5755'' and inserting ``5755, or
5757''.
(c) Effective Date.--The <<NOTE: 5 USC 5307 note.>> amendments made
by this section shall take effect on the first day of the first
applicable pay period beginning on or after 6 months after the date of
enactment of this Act.
(d) Report.--No <<NOTE: Deadline. 5 USC 5757 note.>> later than 3
years after the effective date of this section, the Office of Personnel
Management, after consultation with affected agencies, shall submit a
report to Congress assessing the effectiveness of the extended
assignment incentive authority as a human resources management tool and
making recommendations for any changes necessary to improve the
effectiveness of the incentive authority. Each agency shall maintain
such records and report such information, including the number and size
of incentive offers made and accepted or declined by geographic location
and occupation, in such format and at such times as the Office of
Personnel Management may prescribe, for use in preparing the report.
TITLE III--MISCELLANEOUS
SEC. 301. REPEALERS.
(a) Open-Ended Authorization of Appropriations for National
Institute of Corrections.--Chapter 319 of title 18, United States Code,
is amended by striking section 4353.
[[Page 116 STAT. 1781]]
(b) Open-Ended Authorization of Appropriations for United States
Marshals Service.--Section 561 of title 28, United States Code, is
amended by striking subsection (i).
(c) Redundant Authorizations of Payments for Rewards.--
(1) <<NOTE: 18 USC 3071 note.>> Public Law 107-56 is amended
by striking section 501.
(2) Chapter 203 of title 18, United States Code, is amended
by striking sections 3059, 3059A, 3059B, 3075, and all the
matter after the first sentence of 3072.
(3) <<NOTE: 12 USC 4205, 4209.>> Public Law 101-647 is
amended in section 2565, by replacing all the matter after
``2561'' in subsection (c)(1) with ``the Attorney General may,
in his discretion, pay a reward to the declarant'' and by
striking subsection (e); and by striking section 2569.
SEC. 302. TECHNICAL AMENDMENTS TO TITLE 18 OF THE UNITED STATES CODE.
Title 18 of the United States Code is amended--
(1) in section 4041 by striking ``at a salary of $10,000 a
year'';
(2) in section 4013--
(A) in subsection (a)--
(i) by replacing ``the support of United
States prisoners'' with ``Federal prisoner
detention'';
(ii) in paragraph (2) by adding ``and'' after
``hire;'';
(iii) in paragraph (3) by replacing
``entities; and'' with ``entities.''; and
(iv) in paragraph (4) by inserting ``The
Attorney General, in support of Federal prisoner
detainees in non-Federal institutions, is
authorized to make payments, from funds
appropriated for State and local law enforcement
assistance, for'' before ``entering''; and
(B) by redesignating--
(i) subsections (b) and (c) as subsections (c)
and (d); and
(ii) paragraph (a)(4) as subsection (b), and
subparagraphs (A), (B), and (C), of such paragraph
(a)(4) as paragraphs (1), (2), and (3) of such
subsection (b); and
(3) in section 209(a)--
(A) by striking ``or makes'' and inserting
``makes''; and
(B) by striking ``supplements the salary of, any''
and inserting ``supplements, the salary of any''.
SEC. 303. REQUIRED SUBMISSION OF PROPOSED AUTHORIZATION OF
APPROPRIATIONS FOR THE DEPARTMENT OF JUSTICE FOR FISCAL
YEARS 2004 AND 2005.
When the President submits to the Congress the budget of the United
States Government for fiscal year 2004, the President shall
simultaneously submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate such
proposed legislation authorizing appropriations for the Department of
Justice for fiscal years 2004 and 2005 as the President may judge
necessary and expedient.
SEC. 304. STUDY OF UNTESTED RAPE EXAMINATION KITS.
Not later than 6 months <<NOTE: Deadline. Reports.>> after the date
of enactment of this Act, the Attorney General shall conduct a study to
assess and report to Congress the number of untested rape examination
kits
[[Page 116 STAT. 1782]]
that currently exist nationwide and shall submit to the Congress a
report containing a summary of the results of such study. For the
purpose of carrying out such study, the Attorney General shall attempt
to collect information from all law enforcement jurisdictions in the
United States.
SEC. 305. REPORTS ON USE OF DCS 1000 (CARNIVORE).
(a) Report on Use of DCS 1000 <<NOTE: 18 USC 3126
note.>> (Carnivore) to Implement Orders Under 18 U.S.C. 3123.--At the
same time that the Attorney General submits to Congress the annual
reports required by section 3126 of title 18, United States Code, that
are respectively next due after the end of each of the fiscal years 2002
and 2003, the Attorney General shall also submit to the Chairmen and
ranking minority members of the Committees on the Judiciary of the
Senate and of the House of Representatives a report, covering the same
respective time period, on the number of orders under section 3123
applied for by law enforcement agencies of the Department of Justice
whose implementation involved the use of the DCS 1000 program (or any
subsequent version of such program), which report shall include
information concerning--
(1) the period of interceptions authorized by the order, and
the number and duration of any extensions of the order;
(2) the offense specified in the order or application, or
extension of an order;
(3) the number of investigations involved;
(4) the number and nature of the facilities affected;
(5) the identity of the applying investigative or law
enforcement agency making the application for an order; and
(6) the specific persons authorizing the use of the DCS 1000
program (or any subsequent version of such program) in the
implementation of such order.
(b) Report on Use of DCS 1000 <<NOTE: 18 USC 2519
note.>> (Carnivore) to Implement Orders Under 18 U.S.C. 2518.--At the
same time that the Attorney General, or Assistant Attorney General
specially designated by the Attorney General, submits to the
Administrative Office of the United States Courts the annual report
required by section 2519(2) of title 18, United States Code, that is
respectively next due after the end of each of the fiscal years 2002 and
2003, the Attorney General shall also submit to the Chairmen and ranking
minority members of the Committees on the Judiciary of the Senate and of
the House of Representatives a report, covering the same respective time
period, that contains the following information with respect to those
orders described in that annual report that were applied for by law
enforcement agencies of the Department of Justice and whose
implementation involved the use of the DCS 1000 program (or any
subsequent version of such program)--
(1) the kind of order or extension applied for (including
whether or not the order was an order with respect to which the
requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of title
18, United States Code, did not apply by reason of section 2518
(11) of title 18);
(2) the period of interceptions authorized by the order, and
the number and duration of any extensions of the order;
(3) the offense specified in the order or application, or
extension of an order;
[[Page 116 STAT. 1783]]
(4) the identity of the applying investigative or law
enforcement officer and agency making the application and the
person authorizing the application;
(5) the nature of the facilities from which or place where
communications were to be intercepted;
(6) a general description of the interceptions made under
such order or extension, including--
(A) the approximate nature and frequency of
incriminating communications intercepted;
(B) the approximate nature and frequency of other
communications intercepted;
(C) the approximate number of persons whose
communications were intercepted;
(D) the number of orders in which encryption was
encountered and whether such encryption prevented law
enforcement from obtaining the plain text of
communications intercepted pursuant to such order; and
(E) the approximate nature, amount, and cost of the
manpower and other resources used in the interceptions;
(7) the number of arrests resulting from interceptions made
under such order or extension, and the offenses for which
arrests were made;
(8) the number of trials resulting from such interceptions;
(9) the number of motions to suppress made with respect to
such interceptions, and the number granted or denied;
(10) the number of convictions resulting from such
interceptions and the offenses for which the convictions were
obtained and a general assessment of the importance of the
interceptions; and
(11) the specific persons authorizing the use of the DCS
1000 program (or any subsequent version of such program) in the
implementation of such order.
SEC. 306. STUDY OF ALLOCATION OF LITIGATING ATTORNEYS.
Not later than 180 days <<NOTE: Deadline.>> after the date of the
enactment of this Act, the Attorney General shall submit a report to the
chairman and ranking minority member of the Committees on the Judiciary
of the House of Representatives and Committee on the Judiciary of the
Senate, detailing the distribution or allocation of appropriated funds,
attorneys and other personnel, and per-attorney workloads, for each
Office of United States Attorney and each division of the Department of
Justice except the Justice Management Division.
SEC. 307. USE OF TRUTH-IN-SENTENCING AND VIOLENT OFFENDER INCARCERATION
GRANTS.
Section 20105(b) of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 13705(b)) is amended to read as follows:
``(b) Use of Truth-in-Sentencing and Violent Offender Incarceration
Grants.--Funds provided under section 20103 or 20104 may be applied to
the cost of--
``(1) altering existing correctional facilities to provide
separate facilities for juveniles under the jurisdiction of an
adult criminal court who are detained or are serving sentences
in adult prisons or jails;
``(2) providing correctional staff who are responsible for
supervising juveniles who are detained or serving sentences
[[Page 116 STAT. 1784]]
under the jurisdiction of an adult criminal court with
orientation and ongoing training regarding the unique needs of
such offenders; and
``(3) providing ombudsmen to monitor the treatment of
juveniles who are detained or serving sentences under the
jurisdiction of an adult criminal court in adult facilities,
consistent with guidelines issued by the Assistant Attorney
General.''.
SEC. 308. AUTHORITY OF THE DEPARTMENT OF JUSTICE INSPECTOR GENERAL.
Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in subsection (b), by striking paragraphs (2) and (3)
and inserting the following:
``(2) except as specified in subsection (a) and paragraph
(3), may investigate allegations of criminal wrongdoing or
administrative misconduct by an employee of the Department of
Justice, or may, in the discretion of the Inspector General,
refer such allegations to the Office of Professional
Responsibility or the internal affairs office of the appropriate
component of the Department of Justice;
``(3) shall refer to the Counsel, Office of Professional
Responsibility of the Department of Justice, allegations of
misconduct involving Department attorneys, investigators, or law
enforcement personnel, where the allegations relate to the
exercise of the authority of an attorney to investigate,
litigate, or provide legal advice, except that no such referral
shall be made if the attorney is employed in the Office of
Professional Responsibility;
``(4) may investigate allegations of criminal wrongdoing or
administrative misconduct by a person who is the head of any
agency or component of the Department of Justice; and
``(5) shall forward the results of any investigation
conducted under paragraph (4), along with any appropriate
recommendation for disciplinary action, to the Attorney
General.''; and
(2) by adding at the end the following:
``(d) The Attorney General shall ensure by regulation that any
component of the Department of Justice receiving a nonfrivolous
allegation of criminal wrongdoing or administrative misconduct by an
employee of the Department of Justice, except with respect to
allegations described in subsection (b)(3), shall report that
information to the Inspector General.''.
SEC. 309. REVIEW OF THE DEPARTMENT OF JUSTICE.
(a) Appointment of <<NOTE: 5 USC app. 8E note.>> Oversight Official
Within the Office of Inspector General.--
(1) In general.--The Inspector General of the Department of
Justice shall direct that 1 official from the office of the
Inspector General be responsible for supervising and
coordinating independent oversight of programs and operations of
the Federal Bureau of Investigation until September 30, 2004.
(2) Continuation of oversight.--The Inspector General may
continue individual oversight in accordance with paragraph (1)
after September 30, 2004, at the discretion of the Inspector
General.
(b) Inspector General Oversight Plan for the Federal Bureau of
Investigation.--Not later than 30 days after the date
[[Page 116 STAT. 1785]]
of the enactment of this Act, the Inspector General of the Department of
Justice shall submit to the Chairperson and ranking member of the
Committees on the Judiciary of the Senate and the House of
Representatives, a plan for oversight of the Federal Bureau of
Investigation, which plan may include--
(1) an audit of the financial systems, information
technology systems, and computer security systems of the Federal
Bureau of Investigation;
(2) an audit and evaluation of programs and processes of the
Federal Bureau of Investigation to identify systemic weaknesses
or implementation failures and to recommend corrective action;
(3) a review of the activities of internal affairs offices
of the Federal Bureau of Investigation, including the
Inspections Division and the Office of Professional
Responsibility;
(4) an investigation of allegations of serious misconduct by
personnel of the Federal Bureau of Investigation;
(5) a review of matters relating to any other program or
operation of the Federal Bureau of Investigation that the
Inspector General determines requires review; and
(6) an identification of resources needed by the Inspector
General to implement a plan for oversight of the Federal Bureau
of Investigation.
(c) Report on Inspector General for Federal Bureau of
Investigation.--Not <<NOTE: Deadline.>> later than 90 days after the
date of enactment of this Act, the Attorney General shall submit a
report and recommendation to the Chairperson and ranking member of the
Committees on the Judiciary of the Senate and the House of
Representatives concerning--
(1) whether there should be established, within the
Department of Justice, a separate office of the Inspector
General for the Federal Bureau of Investigation that shall be
responsible for supervising independent oversight of programs
and operations of the Federal Bureau of Investigation;
(2) what changes have been or should be made to the rules,
regulations, policies, or practices governing the Federal Bureau
of Investigation in order to assist the Office of the Inspector
General in effectively exercising its authority to investigate
the conduct of employees of the Federal Bureau of Investigation;
(3) what differences exist between the methods and practices
used by different Department of Justice components in the
investigation and adjudication of alleged misconduct by
Department of Justice personnel;
(4) what steps should be or are being taken to make the
methods and practices described in paragraph (3) uniform
throughout the Department of Justice; and
(5) whether a set of recommended guidelines relating to the
discipline of Department of Justice personnel for misconduct
should be developed, and what factors, such as the nature and
seriousness of the misconduct, the prior history of the
employee, and the rank and seniority of the employee at the time
of the misconduct, should be taken into account in establishing
such recommended disciplinary guidelines.
[[Page 116 STAT. 1786]]
SEC. 310. AUTHORIZATION OF APPROPRIATIONS.
(a) Department of Justice.--There is authorized to be appropriated
$2,000,000 to the Department of Justice for fiscal year 2003--
(1) for salary, pay, retirement, and other costs associated
with increasing the staffing level of the Office of Inspector
General by 25 full-time employees who shall conduct an increased
number of audits, inspections, and investigations of alleged
misconduct by employees of the Federal Bureau of Investigation;
(2) to fund expanded audit coverage of the grant programs
administered by the Office of Justice Programs of the Department
of Justice; and
(3) to conduct special reviews of efforts by the Federal
Bureau of Investigation to implement recommendations made by the
Office of Inspector General in reports on alleged misconduct by
the Bureau.
(b) Federal Bureau of Investigation.--There is authorized to be
appropriated $1,700,000 to the Federal Bureau of Investigation for
fiscal year 2003 for salary, pay, retirement, and other costs associated
with increasing the staffing level of the Office of Professional
Responsibility by 10 full-time special agents and 4 full-time support
employees.
SEC. 311. REPORT ON THREATS AND ASSAULTS AGAINST FEDERAL LAW ENFORCEMENT
OFFICERS, UNITED STATES JUDGES, UNITED STATES OFFICIALS AND
THEIR FAMILIES.
(a) Repeal of Compilation of Statistics Relating To Intimidation Of
Government Employees.--Section 808 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat.1310) <<NOTE: 28
USC 534 note.>> is repealed.
(b) Report on Threats and Assaults Against Federal Law Enforcement
Officers, United States Judges, United States Officials and Their
Families.--Not <<NOTE: Deadline.>> later than 45 days after the end of
fiscal year 2002, the Attorney General shall submit to the Chairmen and
ranking minority members of the Committees on the Judiciary of the
Senate and of the House of Representatives a report on the number of
investigations and prosecutions under section 111 of title 18, United
States Code, and section 115 of title 18, United States Code, for the
fiscal year 2002.
SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.
(a) Permanent District Judges for the District Courts.--
(1) In general.--The <<NOTE: President. 28 USC 133
note.>> President shall appoint, by and with the advice and
consent of the Senate--
(A) 5 additional district judges for the southern
district of California;
(B) 1 additional district judge for the western
district of North Carolina; and
(C) 2 additional district judges for the western
district of Texas.
(2) Tables.--In <<NOTE: 28 USC 133.>> order that the table
contained in section 133 of title 28, United States Code, will,
with respect to each judicial district, reflect the changes in
the total number of permanent district judgeships authorized as
a result of paragraph (1) of this subsection, such table is
amended--
[[Page 116 STAT. 1787]]
(A) by striking the item relating to California and
inserting the following:
``California:
Northern...................................................... 14
Eastern....................................................... 6
Central....................................................... 27
Southern......................................................13'';
(B) by striking the item relating to North Carolina
and inserting the following:
``North Carolina:
Eastern....................................................... 4
Middle........................................................ 4
Western....................................................... 4'';
and
(C) by striking the item relating to Texas and
inserting the following:
``Texas:
Northern...................................................... 12
Southern...................................................... 19
Eastern....................................................... 7
Western.......................................................13''.
(3) Effective date.--This <<NOTE: 28 USC 133
note.>> subsection shall take effect on July 15, 2003.
(b) District <<NOTE: 28 USC 133 note.>> Judgeships for the Central
and Southern Districts of Illinois, the Northern District of New York,
and the Eastern District of Virginia.--
(1) Conversion of temporary judgeships to permanent
judgeships.--The existing district judgeships for the central
district and the southern district of Illinois, the northern
district of New York, and the eastern district of Virginia
authorized by section 203(c) (3), (4), (9), and (12) of the
Judicial Improvements Act of 1990 (Public Law 101-650, 28 U.S.C.
133 note) shall be authorized under section 133 of title 28,
United States Code, and the incumbents in such offices shall
hold the offices under section 133 of title 28, United States
Code (as amended by this section).
(2) Technical and conforming amendment.--The table contained
in section 133(a) of title 28, United States Code, is amended--
(A) by striking the item relating to Illinois and
inserting the following:
``Illinois:
Northern...................................................... 22
Central....................................................... 4
Southern...................................................... 4'';
(B) by striking the item relating to New York and
inserting the following:
``New York:
Northern...................................................... 5
Southern...................................................... 28
Eastern....................................................... 15
Western....................................................... 4'';
and
(C) by striking the item relating to Virginia and
inserting the following:
``Virginia:
Eastern....................................................... 11
Western....................................................... 4''.
[[Page 116 STAT. 1788]]
(3) Effective date.--With <<NOTE: 28 USC 133 note.>> respect
to the central or southern district of Illinois, the northern
district of New York, or the eastern district of Virginia, this
subsection shall take effect on the earlier of--
(A) the date on which the first vacancy in the
office of district judge occurs in such district; or
(B) July 15, 2003.
(c) Temporary <<NOTE: 28 USC 133 note.>> Judgeships.--
(1) In general.--The <<NOTE: President.>> President shall
appoint, by and with the advice and consent of the Senate--
(A) 1 additional district judge for the northern
district of Alabama;
(B) 1 additional judge for the district of Arizona;
(C) 1 additional judge for the central district of
California;
(D) 1 additional judge for the southern district of
Florida;
(E) 1 additional district judge for the district of
New Mexico;
(F) 1 additional district judge for the western
district of North Carolina; and
(G) 1 additional district judge for the eastern
district of Texas.
(2) Vacancies not filled.--The first vacancy in the office
of district judge in each of the offices of district judge
authorized by this subsection, occurring 10 years or more after
the confirmation date of the judge named to fill the temporary
district judgeship created in the applicable district by this
subsection, shall not be filled.
(3) Effective date.--This subsection shall take effect on
July 15, 2003.
(d) Extension of Temporary Federal District Court Judgeship for the
Northern District of Ohio.--
(1) In general.--Section 203(c) of the Judicial Improvement
Act of 1990 (28 U.S.C. 133 note) is amended--
(A) in the first sentence following paragraph (12),
by striking ``and the eastern district of Pennsylvania''
and inserting ``, the eastern district of Pennsylvania,
and the northern district of Ohio''; and
(B) by inserting after the third sentence following
paragraph (12) ``The first vacancy in the office of
district judge in the northern district of Ohio
occurring 15 years or more after the confirmation date
of the judge named to fill the temporary judgeship
created under this subsection shall not be filled.''.
(2) Effective date.--The <<NOTE: 28 USC 133
note.>> amendments made by this subsection shall take effect on
the date of enactment of this Act.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section,
including such sums as may be necessary to provide appropriate space and
facilities for the judicial positions created by this section.
[[Page 116 STAT. 1789]]
TITLE <<NOTE: Violence Against Women Office Act.>> IV--VIOLENCE AGAINST
WOMEN
SEC. 401. <<NOTE: 42 USC 3711 note.>> SHORT TITLE.
This title may be cited as the ``Violence Against Women Office
Act''.
SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN OFFICE.
Part T of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg et seq.) is amended--
(1) <<NOTE: 42 USC 3796gg-1.>> in section 2002(d)--
(A) in paragraph (2), by striking ``section 2005''
and inserting ``section 2010''; and
(B) in paragraph (3), by striking ``section 2006''
and inserting ``section 2011'';
(2) <<NOTE: 42 USC 3796gg-1-- 3796gg-5.>> by redesignating
sections 2002 through 2006 as sections 2006 through 2011,
respectively; and
(3) by inserting after section 2001 the following:
``SEC. 2002. <<NOTE: 42 USC 3796gg-0.>> ESTABLISHMENT OF VIOLENCE
AGAINST WOMEN OFFICE.
``(a) In General.--There is hereby established within the Department
of Justice, under the general authority of the Attorney General, a
Violence Against Women Office (in this part referred to as the
``Office'').
``(b) Separate Office.--The Office shall be a separate and distinct
office within the Department of Justice, headed by a Director, who shall
report to the Attorney General and serve as Counsel to the Attorney
General on the subject of violence against women, and who shall have
final authority over all grants, cooperative agreements, and contracts
awarded by the Office.
``(c) Jurisdiction.--Under the general authority of the Attorney
General, the Office--
``(1) shall have sole jurisdiction over all duties and
functions described in section 2004; and
``(2) shall be solely responsible for coordination with
other departments, agencies, or offices of all activities
authorized or undertaken under the Violence Against Women Act of
1994 (title VI of Public 103-322) and the Violence Against Women
Act of 2000 (Division B of Public Law 106-386).
``SEC. 2003. <<NOTE: 42 USC 3796gg-0a.>> DIRECTOR OF VIOLENCE AGAINST
WOMEN OFFICE.
``(a) Appointment.--The <<NOTE: President.>> President, by and with
the advice and consent of the Senate, shall appoint a Director for the
Violence Against Women Office (in this title referred to as the
`Director') to be responsible, under the general authority of the
Attorney General, for the administration, coordination, and
implementation of the programs and activities of the Office.
``(b) Other Employment.--The Director shall not--
``(1) engage in any employment other than that of serving as
Director; or
``(2) hold any office in, or act in any capacity for, any
organization, agency, or institution with which the Office makes
any contract or other agreement under the Violence Against Women
Act of 1994 (title IV of Public Law 103-322) or the Violence
Against Women Act of 2000 (division B of Public Law 106-386).
[[Page 116 STAT. 1790]]
``(c) Vacancy.--In the case of a vacancy, the President may
designate an officer or employee who shall act as Director during the
vacancy.
``(d) Compensation.--The Director shall be compensated at a rate of
pay not to exceed the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
``SEC. 2004. <<NOTE: 42 USC 3796gg-0b.>> DUTIES AND FUNCTIONS OF
DIRECTOR OF VIOLENCE AGAINST WOMEN OFFICE.
``The Director shall have the following duties:
``(1) Maintaining liaison with the judicial branches of the
Federal and State Governments on matters relating to violence
against women.
``(2) Providing information to the President, the Congress,
the judiciary, State, local, and tribal governments, and the
general public on matters relating to violence against women.
``(3) Serving, at the request of the Attorney General, as
the representative of the Department of Justice on domestic task
forces, committees, or commissions addressing policy or issues
relating to violence against women.
``(4) Serving, at the request of the President, acting
through the Attorney General, as the representative of the
United States Government on human rights and economic justice
matters related to violence against women in international fora,
including, but not limited to, the United Nations.
``(5) Carrying out the functions of the Department of
Justice under the Violence Against Women Act of 1994 (title IV
of Public Law 103-322) and the Violence Against Women Act of
2000 (division B of Public Law 106-386), including with respect
to those functions--
``(A) the development of policy, protocols, and
guidelines;
``(B) the development and management of grant
programs and other programs, and the provision of
technical assistance under such programs; and
``(C) the award and termination of grants,
cooperative agreements, and contracts.
``(6) Providing technical assistance, coordination, and
support to--
``(A) other components of the Department of Justice,
in efforts to develop policy and to enforce Federal laws
relating to violence against women, including the
litigation of civil and criminal actions relating to
enforcing such laws;
``(B) other Federal, State, local, and tribal
agencies, in efforts to develop policy, provide
technical assistance, and improve coordination among
agencies carrying out efforts to eliminate violence
against women, including Indian or indigenous women; and
``(C) grantees, in efforts to combat violence
against women and to provide support and assistance to
victims of such violence.
``(7) Exercising such other powers and functions as may be
vested in the Director pursuant to this part or by delegation of
the Attorney General.
[[Page 116 STAT. 1791]]
``(8) Establishing such rules, regulations, guidelines, and
procedures as are necessary to carry out any function of the
Office.
``SEC. 2005. <<NOTE: 42 USC 3796gg-0c.>> STAFF OF VIOLENCE AGAINST WOMEN
OFFICE.
``The Attorney General shall ensure that the Director has adequate
staff to support the Director in carrying out the Director's
responsibilities under this part.
``SEC. 2006. <<NOTE: 42 USC 3796gg-0d.>> AUTHORIZATION OF
APPROPRIATIONS.
``There are authorized to be appropriated such sums as are necessary
to carry out this part for each fiscal year until fiscal year 2005.''.
SEC. 403. <<NOTE: 42 USC 3796gg-0 note.>> EFFECTIVE DATE.
This title shall take effect 90 days after this bill becomes law.
DIVISION B--MISCELLANEOUS DIVISION
TITLE I--BOYS AND GIRLS CLUBS OF AMERICA
SEC. 1101. BOYS AND GIRLS CLUBS OF AMERICA.
Section 401 of the Economic Espionage Act of 1996 (42 U.S.C. 13751
note) is amended--
(1) in subsection (a)(2)--
(A) by striking ``1,000'' and inserting ``1,200'';
(B) by striking ``2,500'' and inserting ``4,000'';
and
(C) by striking ``December 31, 1999'' and inserting
``December 31, 2005, serving not less than 5,000,000
young people'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``1997, 1998,
1999, 2000, and 2001'' and inserting ``2002, 2003, 2004,
2005, and 2006''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``1,000''
and inserting ``1,200''; and
(ii) in subparagraph (B), by striking ``2,500
Boys and Girls Clubs of America facilities in
operation before January 1, 2000'' and inserting
``4,000 Boys and Girls Clubs of America facilities
in operation before January 1, 2007''; and
(3) in subsection (e), by striking paragraph (1) and
paragraph (2) and inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $70,000,000 for fiscal year 2002;
``(B) $80,000,000 for fiscal year 2003;
``(C) $80,000,000 for fiscal year 2004; and
``(D) $80,000,000 for fiscal year 2005.''.
[[Page 116 STAT. 1792]]
TITLE <<NOTE: Drug Abuse Education, Prevention, and Treatment Act of
2002.>> II--DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT OF 2002
SEC. 2001. <<NOTE: 42 USC 3711 note.>> SHORT TITLE.
This title may be cited as the ``Drug Abuse Education, Prevention,
and Treatment Act of 2002''.
Subtitle A--Drug-Free Prisons and Jails
SEC. 2101. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANTS TO
PROVIDE FOR SERVICES DURING AND AFTER INCARCERATION.
Section 1901 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ff) is amended by adding at the end
the following:
``(c) Additional Use of Funds.--States that demonstrate that they
have existing in-prison drug treatment programs that are in compliance
with Federal requirements may use funds awarded under this part for
treatment and sanctions both during incarceration and after release.''.
SEC. 2102. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.
Part S of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended--
(1) in section 1901(a)--
(A) by striking ``purpose of developing'' and
inserting the following: ``purpose of--
``(1) developing''; and
(B) striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(2) encouraging the establishment and maintenance of drug-
free prisons and jails.'';
(2) <<NOTE: 42 USC 3796ff-1.>> in section 1902, by adding at
the end the following:
``(f) Use of Grant Amounts for Nonresidential Aftercare Services.--A
State may use amounts received under this part to provide nonresidential
substance abuse treatment aftercare services for inmates or former
inmates that meet the requirements of subsection (c), if the chief
executive officer of the State certifies to the Attorney General that
the State is providing, and will continue to provide, an adequate level
of residential treatment services.''; and
(3) <<NOTE: 42 USC 3796ff-3.>> in section 1904, by adding at
the end the following:
``(c) Local Allocation.--At least 10 percent of the total amount
made available to a State under section 1904(a) for any fiscal year
shall be used by the State to make grants to local correctional and
detention facilities in the State (provided such facilities exist
therein), for the purpose of assisting jail-based substance abuse
treatment programs that are effective and science-based established by
those local correctional facilities.''.
[[Page 116 STAT. 1793]]
SEC. 2103. MANDATORY REVOCATION OF PROBATION AND SUPERVISED RELEASE FOR
FAILING A DRUG TEST.
(a) Revocation of Probation.--Section 3565(b) of title 18, United
States Code, is amended--
(1) in paragraph (2), by striking ``or'' after the
semicolon;
(2) in paragraph (3), by striking ``(4),'' and inserting
``(4); or''; and
(3) by adding after paragraph (3) the following:
``(4) as a part of drug testing, tests positive for illegal
controlled substances more than 3 times over the course of 1
year;''.
(b) Revocation of Supervised Release.--Section 3583(g) of title 18,
United States Code, is amended--
(1) in paragraph (2), by striking ``or'' after the
semicolon;
(2) in paragraph (3), by inserting ``or'' after the
semicolon; and
(3) by adding after paragraph (3) the following:
``(4) as a part of drug testing, tests positive for illegal
controlled substances more than 3 times over the course of 1
year;''.
Subtitle B--Treatment and Prevention
SEC. 2201. <<NOTE: 42 USC 3722 note.>> REPORT ON DRUG-TESTING
TECHNOLOGIES.
(a) Requirement.--The National Institute of Justice shall conduct a
study of drug-testing technologies in order to identify and assess the
efficacy, accuracy, and usefulness for purposes of the National effort
to detect the use of illicit drugs of any drug-testing technologies
(including the testing of hair) that may be used as alternatives or
complements to urinalysis as a means of detecting the use of such drugs.
(b) Report.--Not <<NOTE: Deadline.>> later than 2 years after the
date of enactment of this Act, the Institute shall submit to Congress a
report on the results of the study conducted under subsection (a).
SEC. 2202. DRUG AND SUBSTANCE ABUSE TREATMENT, PREVENTION, EDUCATION,
AND RESEARCH STUDY.
(a) In General.--Not <<NOTE: Deadline.>> later than 180 days after
the date of enactment of this Act, the President, after consultation
with the Attorney General, Secretary of Health and Human Services,
Secretary of Education, and other appropriate Federal officers, shall--
(1) conduct a thorough review of all Federal drug and
substance abuse treatment, prevention, education, and research
programs; and
(2) make such recommendations to Congress as the President
may judge necessary and expedient to streamline, consolidate,
coordinate, simplify, and more effectively conduct and deliver
drug and substance abuse treatment, prevention, and education.
(b) Report to Congress.--The report to Congress shall--
(1) contain a survey of all Federal drug and substance abuse
treatment, prevention, education, and research programs;
(2) indicate the legal authority for each program, the
amount of funding in the last 2 fiscal years for each program,
and a brief description of the program; and
[[Page 116 STAT. 1794]]
(3) identify authorized programs that were not funded in
fiscal year 2002 or 2003.
SEC. 2203. DRUG ABUSE AND ADDICTION RESEARCH.
Section 464N of the Public Health Service Act (42 U.S.C. 285o-2) is
amended by striking subsection (c) and inserting the following:
``(c) Drug Abuse and Addition Research.--
``(1) Grants or cooperative agreements.--The Director of the
Institute may make grants or enter into cooperative agreements
to expand the current and ongoing interdisciplinary research and
clinical trials with treatment centers of the National Drug
Abuse Treatment Clinical Trials Network relating to drug abuse
and addiction, including related biomedical, behavioral, and
social issues.
``(2) Use of funds.--Amounts made available under a grant or
cooperative agreement under paragraph (1) for drug abuse and
addiction may be used for research and clinical trials relating
to--
``(A) the effects of drug abuse on the human body,
including the brain;
``(B) the addictive nature of drugs and how such
effects differ with respect to different individuals;
``(C) the connection between drug abuse and mental
health;
``(D) the identification and evaluation of the most
effective methods of prevention of drug abuse and
addiction;
``(E) the identification and development of the most
effective methods of treatment of drug addiction,
including pharmacological treatments;
``(F) risk factors for drug abuse;
``(G) effects of drug abuse and addiction on
pregnant women and their fetuses; and
``(H) cultural, social, behavioral, neurological,
and psychological reasons that individuals abuse drugs,
or refrain from abusing drugs.
``(3) Research results.--The Director shall promptly
disseminate research results under this subsection to Federal,
State, and local entities involved in combating drug abuse and
addiction.
``(4) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated to carry out this subsection such sums as
may be necessary for each fiscal year.
``(B) Supplement not supplant.--Amounts appropriated
pursuant to the authorization of appropriations in
subparagraph (A) for a fiscal year shall supplement and
not supplant any other amounts appropriated in such
fiscal year for research on drug abuse and addiction.''.
Subtitle C--Drug Courts
SEC. 2301. DRUG COURTS.
(a) Drug Courts.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting
after part DD the following new part:
[[Page 116 STAT. 1795]]
``PART EE--DRUG COURTS
``SEC. 2951. <<NOTE: 42 USC 3797u.>> GRANT AUTHORITY.
``(a) In General.--The Attorney General may make grants to States,
State courts, local courts, units of local government, and Indian tribal
governments, acting directly or through agreements with other public or
private entities, for adult drug courts, juvenile drug courts, family
drug courts, and tribal drug courts that involve--
``(1) continuing judicial supervision over offenders with
substance abuse problems who are not violent offenders;
``(2) coordination with the appropriate State or local
prosecutor; and
``(3) the integrated administration of other sanctions and
services, which shall include--
``(A) mandatory periodic testing for the use of
controlled substances or other addictive substances
during any period of supervised release or probation for
each participant;
``(B) substance abuse treatment for each
participant;
``(C) diversion, probation, or other supervised
release involving the possibility of prosecution,
confinement, or incarceration based on noncompliance
with program requirements or failure to show
satisfactory progress;
``(D) offender management, and aftercare services
such as relapse prevention, health care, education,
vocational training, job placement, housing placement,
and child care or other family support services for each
participant who requires such services;
``(E) payment, in whole or part, by the offender of
treatment costs, to the extent practicable, such as
costs for urinalysis or counseling; and
``(F) payment, in whole or part, by the offender of
restitution, to the extent practicable, to either a
victim of the offender's offense or to a restitution or
similar victim support fund.
``(b) Limitation.--Economic sanctions imposed on an offender
pursuant to this section shall not be at a level that would interfere
with the offender's rehabilitation.
``SEC. 2952. <<NOTE: 42 USC 3797u-1.>> PROHIBITION OF PARTICIPATION BY
VIOLENT OFFENDERS.
``The Attorney General shall--
``(1) issue regulations or guidelines to ensure that the
programs authorized in this part do not permit participation by
violent offenders; and
``(2) immediately suspend funding for any grant under this
part, pending compliance, if the Attorney General finds that
violent offenders are participating in any program funded under
this part.
``SEC. 2953. <<NOTE: 42 USC 3797u-2.>> DEFINITION.
``(a) In General.--Except as provided in subsection (b), in this
part, the term `violent offender' means a person who--
``(1) is charged with or convicted of an offense, during the
course of which offense or conduct--
``(A) the person carried, possessed, or used a
firearm or dangerous weapon;
[[Page 116 STAT. 1796]]
``(B) there occurred the death of or serious bodily
injury to any person; or
``(C) there occurred the use of force against the
person of another, without regard to whether any of the
circumstances described in subparagraph (A) or (B) is an
element of the offense or conduct of which or for which
the person is charged or convicted; or
``(2) has 1 or more prior convictions for a felony crime of
violence involving the use or attempted use of force against a
person with the intent to cause death or serious bodily harm.
``(b) Definition for Purposes of Juvenile Drug Courts.--For purposes
of juvenile drug courts, the term `violent offender' means a juvenile
who has been convicted of, or adjudicated delinquent for, an offense
that--
``(1) has as an element, the use, attempted use, or
threatened use of physical force against the person or property
of another, or the possession or use of a firearm; or
``(2) by its nature, involves a substantial risk that
physical force against the person or property of another may be
used in the course of committing the offense.
``SEC. 2954. <<NOTE: 42 USC 3797u-3.>> ADMINISTRATION.
``(a) Consultation.--The Attorney General shall consult with the
Secretary of Health and Human Services and any other appropriate
officials in carrying out this part.
``(b) Use of Components.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out
this part.
``(c) Regulatory Authority.--The Attorney General may issue
regulations and guidelines necessary to carry out this part.
``(d) Applications.--In addition to any other requirements that may
be specified by the Attorney General, an application for a grant under
this part shall--
``(1) include a long-term strategy and detailed
implementation plan that shall provide for the consultation and
coordination with appropriate State and local prosecutors,
particularly when program participants fail to comply with
program requirements;
``(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
``(3) certify that the Federal support provided will be used
to supplement, and not supplant, State, Indian tribal, and local
sources of funding that would otherwise be available;
``(4) identify related governmental or community initiatives
which complement or will be coordinated with the proposal;
``(5) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation of
the program;
``(6) certify that participating offenders will be
supervised by 1 or more designated judges with responsibility
for the drug court program;
``(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
``(8) describe the methodology that will be used in
evaluating the program.
[[Page 116 STAT. 1797]]
``SEC. 2955. <<NOTE: 42 USC 3797u-4.>> APPLICATIONS.
``To request funds under this part, the chief executive or the chief
justice of a State or the chief executive or judge of a unit of local
government or Indian tribal government, or the chief judge of a State
court or the judge of a local court or Indian tribal court shall submit
an application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.
``SEC. 2956. <<NOTE: 42 USC 3797u-5.>> FEDERAL SHARE.
``(a) In General.--The Federal share of a grant made under this part
may not exceed 75 percent of the total costs of the program described in
the application submitted under section 2955 for the fiscal year for
which the program receives assistance under this part, unless the
Attorney General waives, wholly or in part, the requirement of a
matching contribution under this section.
``(b) In-Kind Contributions.--In-kind contributions may constitute a
portion of the non-Federal share of a grant.
``SEC. 2957. <<NOTE: 42 USC 3797u-6.>> DISTRIBUTION AND ALLOCATION.
``(a) Geographic Distribution.--The Attorney General shall ensure
that, to the extent practicable, an equitable geographic distribution of
grant awards is made.
``(b) Minimum Allocation.--Unless all eligible applications
submitted by any State or unit of local government within such State for
a grant under this part have been funded, such State, together with
grantees within the State (other than Indian tribes), shall be allocated
in each fiscal year under this part not less than 0.50 percent of the
total amount appropriated in the fiscal year for grants pursuant to this
part.
``SEC. 2958. <<NOTE: 42 USC 3797u-7.>> REPORT.
``A State, Indian tribal government, or unit of local government
that receives funds under this part during a fiscal year shall submit to
the Attorney General a description and an evaluation report on a date
specified by the Attorney General regarding the effectiveness of this
part.
``SEC. 2959. <<NOTE: 42 USC 3797u-8.>> TECHNICAL ASSISTANCE, TRAINING,
AND EVALUATION.
``(a) Technical Assistance and Training.--The Attorney General may
provide technical assistance and training in furtherance of the purposes
of this part.
``(b) Evaluations.--In addition to any evaluation requirements that
may be prescribed for grantees (including uniform data collection
standards and reporting requirements), the Attorney General shall carry
out or make arrangements for evaluations of programs that receive
support under this part.
``(c) Administration.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, in collaboration with the Secretary of Health and
Human Services, or through grants, contracts, or other cooperative
arrangements with other entities.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended by inserting after the matter relating to part DD the
following:
[[Page 116 STAT. 1798]]
``Part EE--Drug Courts
``Sec. 2951. Grant authority.
``Sec. 2952. Prohibition of participation by violent offenders.
``Sec. 2953. Definition.
``Sec. 2954. Administration.
``Sec. 2955. Applications.
``Sec. 2956. Federal share.
``Sec. 2957. Distribution and allocation.
``Sec. 2958. Report.
``Sec. 2959. Technical assistance, training, and evaluation.''.
(c) Implementation of Recommendations.--
Not <<NOTE: Deadline.>> later than 120 days after the date of enactment
of this Act, the Attorney General shall--
(1) devise a plan to implement recommendations of the
General Accounting Office to--
(A) develop and implement a management information
system that is able to track and readily identify the
universe of drug court programs funded by the Drug Court
Program Office of the Department of Justice;
(B) take steps to ensure and sustain an adequate
grantee response rate to the Drug Court Program Office's
data collection efforts by improving efforts to notify
and remind grantees of their reporting requirements;
(C) take corrective action toward grantees that do
not comply with the data collection reporting
requirement of the Department of Justice;
(D) reinstate the collection of post-program data in
the Drug Court Program Office's data collection effort,
selectively spot checking grantee responses to ensure
accurate reporting;
(E) analyze performance and outcome data collected
from grantees and report annually on the results;
(F) consolidate the multiple Department of Justice-
funded drug court program-related data collection
efforts to better ensure that the primary focus is on
the collection and reporting of data on Drug Court
Program Office-funded drug court programs;
(G) conduct a methodologically sound national impact
evaluation of Drug Court Program Office-funded drug
court programs; and
(H) consider ways to reduce the time needed to
provide information on the overall impact of Federally-
funded drug court programs; and
(2) submit a report on the plan to the Committees on the
Judiciary of the Senate and the House of Representatives.
SEC. 2302. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793) is amended--
(1) in paragraph (3), by inserting before the period at the
end the following: ``or EE''; and
(2) by adding at the end the following:
``(25)(A) Except as provided in subparagraph (C), there are
authorized to be appropriated to carry out part EE--
``(i) $50,000,000 for fiscal year 2002;
``(ii) $54,000,000 for fiscal year 2003;
``(iii) $58,000,000 for fiscal year 2004; and
``(iv) $60,000,000 for fiscal year 2005.
[[Page 116 STAT. 1799]]
``(B) The Attorney General shall reserve not less than 1
percent and not more than 4.5 percent of the sums appropriated
for this program in each fiscal year for research and evaluation
of this program.
``(C) No funds made available to carry out part EE shall be
expended if the Attorney General fails to submit the report
required to be submitted under section 2401(c) of title II of
Division B of the 21st Century Department of Justice
Appropriations Authorization Act.''.
SEC. 2303. <<NOTE: 42 USC 3797u note.>> STUDY BY THE GENERAL ACCOUNTING
OFFICE.
(a) In General.--The Comptroller General of the United States shall
study and assess the effectiveness and impact of grants authorized by
part EE of title I of the Omnibus Crime Control and Safe Streets Act of
1968 as added by section 2401 and report to Congress the results of the
study on or before January 1, 2005.
(b) Documents and Information.--The Attorney General and grant
recipients shall provide the Comptroller General with all relevant
documents and information that the Comptroller General deems necessary
to conduct the study under subsection (a), including the identities and
criminal records of program participants.
(c) Criteria.--In assessing the effectiveness of the grants made
under programs authorized by part EE of the Omnibus Crime Control and
Safe Streets Act of 1968, the Comptroller General shall consider, among
other things--
(1) recidivism rates of program participants;
(2) completion rates among program participants;
(3) drug use by program participants; and
(4) the costs of the program to the criminal justice system.
Subtitle D--Program for Successful Reentry of Criminal Offenders Into
Local Communities
CHAPTER 1--POST INCARCERATION VOCATIONAL AND REMEDIAL EDUCATIONAL
OPPORTUNITIES FOR INMATES
SEC. 2411. <<NOTE: 18 USC 3601 note.>> POST INCARCERATION VOCATIONAL AND
REMEDIAL EDUCATIONAL OPPORTUNITIES FOR INMATES.
(a) Federal Reentry Center Demonstration.--
(1) Authority and establishment of demonstration project.--
The Attorney General, in consultation with the Director of the
Administrative Office of the United States Courts, shall
establish the Federal Reentry Center Demonstration project. The
project shall involve appropriate prisoners from the Federal
prison population and shall utilize community corrections
facilities, home confinement, and a coordinated response by
Federal agencies to assist participating prisoners in preparing
for and adjusting to reentry into the community.
(2) Project elements.--The project authorized by paragraph
(1) shall include the following core elements:
(A) A Reentry Review Team for each prisoner,
consisting of a representative from the Bureau of
Prisons,
[[Page 116 STAT. 1800]]
the United States Probation System, the United States
Parole Commission, and the relevant community
corrections facility, who shall initially meet with the
prisoner to develop a reentry plan tailored to the needs
of the prisoner.
(B) A system of graduated levels of supervision with
the community corrections facility to promote community
safety, provide incentives for prisoners to complete the
reentry plan, including victim restitution, and provide
a reasonable method for imposing sanctions for a
prisoner's violation of the conditions of participation
in the project.
(C) Substance abuse treatment and aftercare, mental
and medical health treatment and aftercare, vocational
and educational training, life skills instruction,
conflict resolution skills training, batterer
intervention programs, assistance obtaining suitable
affordable housing, and other programming to promote
effective reintegration into the community as needed.
(3) Probation officers.--From funds made available to carry
out this section, the Director of the Administrative Office of
the United States Courts shall assign 1 or more probation
officers from each participating judicial district to the
Reentry Demonstration project. Such officers shall be assigned
to and stationed at the community corrections facility and shall
serve on the Reentry Review Teams.
(4) Project duration.--The <<NOTE: Deadline.>> Reentry
Center Demonstration project shall begin not later than 6 months
following the availability of funds to carry out this
subsection, and shall last 3 years.
(b) Definitions.--In this section, the term ``appropriate prisoner''
shall mean a person who is considered by prison authorities--
(1) to pose a medium to high risk of committing a criminal
act upon reentering the community; and
(2) to lack the skills and family support network that
facilitate successful reintegration into the community.
(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated, to remain available until
expended--
(1) to the Federal Bureau of Prisons--
(A) $1,375,000 for fiscal year 2003;
(B) $1,110,000 for fiscal year 2004;
(C) $1,130,000 for fiscal year 2005;
(D) $1,155,000 for fiscal year 2006; and
(E) $1,230,000 for fiscal year 2007; and
(2) to the Federal Judiciary--
(A) $3,380,000 for fiscal year 2003;
(B) $3,540,000 for fiscal year 2004;
(C) $3,720,000 for fiscal year 2005;
(D) $3,910,000 for fiscal year 2006; and
(E) $4,100,000 for fiscal year 2007.
[[Page 116 STAT. 1801]]
CHAPTER 2--STATE REENTRY GRANT PROGRAMS
SEC. 2421. AMENDMENTS TO THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT
OF 1968.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended, is amended by
inserting after part EE the following new part:
``PART FF--OFFENDER REENTRY AND COMMUNITY SAFETY
``SEC. 2976. <<NOTE: 42 USC 3797w.>> ADULT AND JUVENILE OFFENDER STATE
AND LOCAL REENTRY DEMONSTRATION PROJECTS.
``(a) Grant Authorization.--The Attorney General shall make grants
of up to $1,000,000 to States, Territories, and Indian tribes, in
partnership with units of local government and nonprofit organizations,
for the purpose of establishing adult and juvenile offender reentry
demonstration projects.
``(b) Adult Offender Reentry Demonstration Projects.--Funds for
adult offender demonstration projects may be expended for--
``(1) oversight/monitoring of released offenders;
``(2) substance abuse treatment and aftercare, mental and
medical health treatment and aftercare, vocational and basic
educational training, and other programming to promote effective
reintegration into the community as needed;
``(3) convening community impact panels, victim impact
panels or victim impact educational classes; and
``(4) establishing and implementing graduated sanctions and
incentives.
``(c) Juvenile Offender Reentry Demonstration Projects.--Funds for
the juvenile offender reentry demonstration projects may be expended
for--
``(1) providing returning juvenile offenders with drug and
alcohol testing and treatment and mental and medical health
assessment and services;
``(2) convening victim impact panels, restorative justice
panels, or victim impact educational classes for juvenile
offenders;
``(3) oversight/monitoring of released juvenile offenders;
and
``(4) providing for the planning of reentry services when
the youth is initially incarcerated and coordinating the
delivery of community-based services, such as education, family
involvement and support, and other services as needed.
``(d) Submission of Application.--In addition to any other
requirements that may be specified by the Attorney General, an
application for a grant under this subpart shall--
``(1) describe a long-term strategy and detailed
implementation plan, including how the jurisdiction plans to pay
for the program after the Federal funding ends;
``(2) identify the governmental and community agencies that
will be coordinated by this project;
``(3) certify that there has been appropriate consultation
with all affected agencies and there will be appropriate
coordination with all affected agencies in the implementation
[[Page 116 STAT. 1802]]
of the program, including existing community corrections and
parole; and
``(4) describe the methodology and outcome measures that
will be used in evaluating the program.
``(e) Applicants.--The applicants as designated under 2601(a)--
``(1) shall prepare the application as required under
subsection 2601(b); and
``(2) shall administer grant funds in accordance with the
guidelines, regulations, and procedures promulgated by the
Attorney General, as necessary to carry out the purposes of this
part.
``(f) Matching Funds.--The Federal share of a grant received under
this title may not exceed 75 percent of the costs of the project funded
under this title unless the Attorney General waives, wholly or in part,
the requirements of this section.
``(g) Reports.--Each entity that receives a grant under this part
shall submit to the Attorney General, for each year in which funds from
a grant received under this part is expended, a description and an
evaluation report at such time and in such manner as the Attorney
General may reasonably require that contains--
``(1) a summary of the activities carried out under the
grant and an assessment of whether such activities are meeting
the needs identified in the application funded under this part;
and
``(2) such other information as the Attorney General may
require.
``(h) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there are
authorized to be appropriated $15,000,000 for fiscal year 2003,
$15,500,000 for fiscal year 2004, and $16,000,000 for fiscal
year 2005.
``(2) Limitations.--Of the amount made available to carry
out this section in any fiscal year--
``(A) not more than 2 percent or less than 1 percent
may be used by the Attorney General for salaries and
administrative expenses; and
``(B) not more than 3 percent or less than 2 percent
may be used for technical assistance and training.
``SEC. 2977. <<NOTE: 42 USC 3797w-1.>> STATE REENTRY PROJECT EVALUATION.
``(a) Evaluation.--The Attorney General shall evaluate the
demonstration projects authorized by section 2976 to determine their
effectiveness.
``(b) Report.--Not <<NOTE: Deadline.>> later than April 30, 2005,
the Attorney General shall submit a report to the Committees on the
Judiciary of the House of Representatives and the Senate containing--
``(1) the findings of the evaluation required by subsection
(a); and
``(2) any recommendations the Attorney General has with
regard to expanding, changing, or eliminating the demonstration
projects.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended by inserting after the matter relating to part EE the
following:
[[Page 116 STAT. 1803]]
``Part FF--Offender Reentry and Community Safety Act
``Sec. 2976. Adult Offender State and Local Reentry Demonstration
Projects.
``Sec. 2977. State reentry project evaluation.''.
Subtitle E--Other Matters
SEC. 2501. AMENDMENT TO CONTROLLED SUBSTANCES ACT.
Section 303(g)(2) of the Controlled Substances Act (21 U.S.C.
823(g)(2)) is amended--
(1) in subparagraph (I), by striking ``on October 17,
2000,'' and all that follows through ``such drugs,'' and
inserting ``on the date of approval by the Food and Drug
Administration of a drug in schedule III, IV, or V, a State may
not preclude a practitioner from dispensing or prescribing such
drug, or combination of such drugs,''; and
(2) in subparagraph (J)(i), by striking ``October 17,
2000,'' and inserting ``the date referred to in subparagraph
(I),''.
SEC. 2502. STUDY OF METHAMPHETAMINE TREATMENT.
Section 3633 of the Methamphetamine Anti-Proliferation Act of 2000
(114 Stat. 1236) is amended by striking ``the Institute of Medicine of
the National Academy of Sciences'' and inserting ``the National
Institute on Drug Abuse''.
SEC. 2503. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING IN SOUTH AND
CENTRAL ASIA.
There is authorized to be appropriated to the Attorney General not
less than $5,000,000 for fiscal year 2003 for regional antidrug training
by the Drug Enforcement Administration for law enforcement entities
(including police, border control, and other entities engaged in drug
interdiction and narcotics control efforts), as well as increased
precursor chemical control efforts in the South and Central Asia region.
SEC. 2504. UNITED STATES-THAILAND DRUG PROSECUTOR EXCHANGE PROGRAM.
(a) Program Authorization.--The Attorney General shall establish an
exchange program in which prosecutors, judges, or policy makers from the
Kingdom of Thailand participate in an exchange program to observe
Federal prosecutors in an effort to learn about the various rules and
procedures used to prosecute violations of federal criminal narcotics
laws.
(b) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $75,000 for fiscal year 2003 and
$75,000 for fiscal year 2004.
TITLE III--SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM
SEC. 3001. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO TAMPER
WITH WITNESSES, VICTIMS, OR INFORMANTS.
(a) In General.--Section 1512 of title 18, United States Code, is
amended--
[[Page 116 STAT. 1804]]
(1) in subsection (a)--
(A) in paragraph (1), by striking ``as provided in
paragraph (2)'' and inserting ``as provided in paragraph
(3)'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Whoever uses physical force or the threat of physical force
against any person, or attempts to do so, with intent to--
``(A) influence, delay, or prevent the testimony of any
person in an official proceeding;
``(B) cause or induce any person to--
``(i) withhold testimony, or withhold a record,
document, or other object, from an official proceeding;
``(ii) alter, destroy, mutilate, or conceal an
object with intent to impair the integrity or
availability of the object for use in an official
proceeding;
``(iii) evade legal process summoning that person to
appear as a witness, or to produce a record, document,
or other object, in an official proceeding; or
``(iv) be absent from an official proceeding to
which that person has been summoned by legal process; or
``(C) hinder, delay, or prevent the communication to a law
enforcement officer or judge of the United States of information
relating to the commission or possible commission of a Federal
offense or a violation of conditions of probation, supervised
release, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).''; and
(D) in paragraph (3), as redesignated--
(i) by striking ``and'' at the end of
subparagraph (A); and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) in the case of--
``(i) an attempt to murder; or
``(ii) the use or attempted use of physical force
against any person;
imprisonment for not more than 20 years; and
``(C) in the case of the threat of use of physical force
against any person, imprisonment for not more than 10 years.'';
(2) in subsection (b), by striking ``or physical force'';
and
(3) by adding at the end the following:
``(k) Whoever conspires to commit any offense under this section
shall be subject to the same penalties as those prescribed for the
offense the commission of which was the object of the conspiracy.''.
(b) Retaliating Against a Witness.--Section 1513 of title 18, United
States Code, is amended by adding at the end the following:
``(e) Whoever conspires to commit any offense under this section
shall be subject to the same penalties as those prescribed for the
offense the commission of which was the object of the conspiracy.''.
(c) Conforming Amendments.--
(1) Witness tampering.--Section 1512 of title 18, United
States Code, is amended in subsections (b)(3) and (d)(2) by
inserting ``supervised release,'' after ``probation''.
(2) Retaliation against a witness.--Section 1513 of title
18, United States Code, is amended in subsections (a)(1)(B) and
(b)(2) by inserting ``supervised release,'' after ``probation''.
[[Page 116 STAT. 1805]]
SEC. 3002. CORRECTION OF ABERRANT STATUTES TO PERMIT IMPOSITION OF BOTH
A FINE AND IMPRISONMENT.
(a) In General.--Title 18 of the United States Code is amended--
(1) in section 401, by inserting ``or both,'' after ``fine
or imprisonment,'';
(2) in section 1705, by inserting ``, or both'' after
``years''; and
(3) in sections 1916, 2234, and 2235, by inserting ``, or
both'' after ``year''.
(b) Imposition by Magistrate.--Section 636 of title 28, United
States Code, is amended--
(1) in subsection (e)(2), by inserting ``, or both,'' after
``fine or imprisonment''; and
(2) in subsection (e)(3), by inserting ``or both,'' after
``fine or imprisonment,''.
SEC. 3003. REINSTATEMENT OF COUNTS DISMISSED PURSUANT TO A PLEA
AGREEMENT.
(a) In General.--Chapter 213 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3296. Counts dismissed pursuant to a plea agreement
``(a) In General.--Notwithstanding any other provision of this
chapter, any counts of an indictment or information that are dismissed
pursuant to a plea agreement shall be reinstated by the District Court
if--
``(1) the counts sought to be reinstated were originally
filed within the applicable limitations period;
``(2) the counts were dismissed pursuant to a plea agreement
approved by the District Court under which the defendant pled
guilty to other charges;
``(3) the guilty plea was subsequently vacated on the motion
of the defendant; and
``(4) <<NOTE: Deadline.>> the United States moves to
reinstate the dismissed counts within 60 days of the date on
which the order vacating the plea becomes final.
``(b) Defenses; Objections.--Nothing in this section shall preclude
the District Court from considering any defense or objection, other than
statute of limitations, to the prosecution of the counts reinstated
under subsection (a).''.
(b) Technical and Conforming Amendment.--Chapter 213 of title 18,
United States Code, is amended in the table of sections by adding at the
end the following new item:
``3296. Counts dismissed pursuant to a plea agreement.''.
SEC. 3004. APPEALS FROM CERTAIN DISMISSALS.
Section 3731 of title 18, United States Code, is amended by
inserting ``, or any part thereof'' after ``as to any one or more
counts''.
SEC. 3005. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN
CONTROLLED SUBSTANCE CASES.
(a) Drug Abuse Penalties.--Subparagraphs (A), (B), (C), and (D) of
section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1))
are amended by striking ``Any sentence'' and inserting ``Notwithstanding
section 3583 of title 18, any sentence''.
[[Page 116 STAT. 1806]]
(b) Penalties for Drug Import and Export.--Section 1010(b) of the
Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is
amended--
(1) in paragraphs (1), (2), and (3), by striking ``Any
sentence'' and inserting ``Notwithstanding section 3583 of title
18, any sentence''; and
(2) in paragraph (4), by inserting ``notwithstanding section
3583 of title 18,'' before ``in addition to such term of
imprisonment''.
SEC. 3006. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBATION OR
SUPERVISED RELEASE WHEN REDUCING A SENTENCE OF IMPRISONMENT
IN CERTAIN CASES.
Section 3582(c)(1)(A) of title 18, United States Code, is amended by
inserting ``(and may impose a term of probation or supervised release
with or without conditions that does not exceed the unserved portion of
the original term of imprisonment)'' after ``may reduce the term of
imprisonment''.
SEC. 3007. CLARIFICATION THAT MAKING RESTITUTION IS A PROPER CONDITION
OF SUPERVISED RELEASE.
Subsections (c) and (e) of section 3583 of title 18, United States
Code, are amended by striking ``and (a)(6) and inserting ``(a)(6), and
(a)(7)''.
TITLE <<NOTE: Criminal Law Technical Amendments Act of 2002.>> IV--
CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002
SEC. 4001. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This title may be cited as the ``Criminal Law Technical Amendments
Act of 2002''.
SEC. 4002. TECHNICAL AMENDMENTS RELATING TO CRIMINAL LAW AND PROCEDURE.
(a) Missing and Incorrect Words.--
(1) Correction of garbled sentence.--Section 510(c) of title
18, United States Code, is amended by striking ``fine of under
this title'' and inserting ``fine under this title''.
(2) Insertion of missing words.--Section 981(d) of title 18,
United States Code, is amended by striking ``proceeds from the
sale of this section'' and inserting ``proceeds from the sale of
such property under this section''.
(3) Correction of incorrect word.--Sections 1425 through
1427, 1541 through 1544 and 1546(a) of title 18, United States
Code, are each amended by striking ``to facility'' and inserting
``to facilitate''.
(4) Correcting erroneous amendatory language on executed
amendment.--Effective <<NOTE: Effective date.>> on the date of
the enactment of Public Law 103-322, section 60003(a)(13) of
such public law is amended <<NOTE: 18 USC 1091.>> by striking
``$1,000,000 or imprisonment'' and inserting ``$1,000,000 and
imprisonment''.
(5) Correction of reference to short title of law.--That
section 2332d(a) of title 18, United States Code, which relates
to financial transactions is amended by inserting ``of 1979''
after ``Export Administration Act''.
[[Page 116 STAT. 1807]]
(6) Elimination of typographical error.--Section 1992(b) of
title 18, United States Code, is amended by striking ``term or
years'' and inserting ``term of years''.
(7) Spelling correction.--Section 2339A(a) of title 18,
United States Code, is amended by striking ``or an escape'' and
inserting ``of an escape''.
(8) Section 3553.--Section 3553(e) of title 18, United
States Code, is amended by inserting ``a'' before ``minimum''.
(9) Misspelling in section 205.--Section 205(d)(1)(B) of
title 18, United States Code, is amended by striking
``groups's'' and inserting ``group's''.
(10) Conforming change and inserting missing word in section
709.--The paragraph in section 709 of title 18, United States
Code, that begins with ``A person who'' is amended--
(A) by striking ``A person who'' and inserting
``Whoever''; and
(B) by inserting ``or'' after the semicolon at the
end.
(11) Error in language being stricken.--Effective on the
date of its enactment, section 726(2) of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-
132) <<NOTE: 18 USC 1956.>> is amended--
(A) in subparagraphs (C) and (E), by striking
``section'' the first place it appears; and
(B) in subparagraph (G), by striking ``relating to''
the first place it appears.
(b) Margins, Punctuation, and Similar Errors.--
(1) Margin error.--Section 1030(c)(2) of title 18, United
States Code, is amended so that the margins of subparagraph (B)
and each of its clauses, are moved 2 ems to the left.
(2) Correcting capitalization in language to be stricken.--
Effective on the <<NOTE: Effective date. 18 USC 1716.>> date of
its enactment, section 607(g)(2) of the Economic Espionage Act
of 1996 is amended by striking ``territory'' and inserting
``Territory''.
(3) Correcting paragraphing.--The material added to section
521(a) of title 18, United States Code, by section 607(q) of the
Economic Espionage Act of 1996 is amended to appear as a
paragraph indented 2 ems from the left margin.
(4) Subsection placement correction.--Section 1513 of title
18, United States Code, is amended by transferring subsection
(d) so that it appears following subsection (c).
(5) Correction to allow for insertion of new subparagraph
and correction of erroneous indentation.--Section 1956(c)(7) of
title 18, United States Code, is amended--
(A) in subparagraph (B)(ii), by moving the margin 2
ems to the right;
(B) by striking ``or'' at the end of subparagraph
(D);
(C) by striking the period at the end of
subparagraph (E) and inserting ``; or''; and
(D) in subparagraph (F)--
(i) by striking ``Any'' and inserting ``any'';
and
(ii) by striking the period at the end and
inserting a semicolon.
(6) Correction of confusing subdivision designation.--
Section 1716 of title 18, United States Code, is amended--
(A) in the first undesignated paragraph, by
inserting ``(j)(1)'' before ``Whoever'';
[[Page 116 STAT. 1808]]
(B) in the second undesignated paragraph--
(i) by striking ``not more than $10,000'' and
inserting ``under this title''; and
(ii) by inserting ``(2)'' at the beginning of
that paragraph;
(C) by inserting ``(3)'' at the beginning of the
third undesignated paragraph; and
(D) by redesignating subsection (j) as subsection
(k).
(7) Punctuation correction in section 1091.--Section
1091(b)(1) of title 18, United States Code, is amended by
striking ``subsection (a)(1),'' and inserting ``subsection
(a)(1)''.
(8) Punctuation correction in section 2311.--Section 2311 of
title 18, United States Code, is amended by striking the period
after ``carcasses thereof'' the second place that term appears
and inserting a semicolon.
(9) Syntax correction.--Section 115(b)(2) of title 18,
United States Code, is amended by striking ``, attempted
kidnapping, or conspiracy to kidnap of a person'' and inserting
``or attempted kidnapping of, or a conspiracy to kidnap, a
person''.
(10) Correcting capitalization in section 982.--Section
982(a)(8) of title 18, United States Code, is amended by
striking ``Court'' and inserting ``court''.
(11) Punctuation corrections in section 1029.--Section 1029
of title 18, United States Code, is amended--
(A) in subsection (c)(1)(A)(ii), by striking
``(9),'' and inserting ``(9)''; and
(B) in subsection (e), by adding a semicolon at the
end of paragraph (8).
(12) Corrections of connectors and punctuation in section
1030.--Section 1030 of title 18, United States Code, is
amended--
(A) by inserting ``and'' at the end of subsection
(c)(2)(B)(iii); and
(B) by striking the period at the end of subsection
(e)(4)(I) and inserting a semicolon.
(13) Correction of punctuation in section 1032.--Section
1032(1) of title 18, United States Code, is amended by striking
``13,'' and inserting ``13''.
(14) Correction of punctuation in section 1345.--Section
1345(a)(1) of title 18, United States Code, is amended--
(A) in subparagraph (B), by striking ``, or'' and
inserting ``; or''; and
(B) in subparagraph (C), by striking the period and
inserting a semicolon.
(15) Correction of punctuation in section 3612.--Section
3612(f)(2)(B) of title 18, United States Code, is amended by
striking ``preceding.'' and inserting ``preceding''.
(16) Correction of indentation in controlled substances
act.--Section 402(c)(2) of the Controlled Substances Act (21
U.S.C. 842(c)(2)) is amended by moving the margin of
subparagraph (C) 2 ems to the left.
(c) Elimination of Redundancies.--
(1) Elimination of <<NOTE: Effective date.>> duplicate
amendments.--Effective on the date of its enactment, paragraphs
(1), (2), and (4) of section 601(b), paragraph (2) of section
601(d), paragraph (2) of section 601(f), paragraphs (1) and
(2)(A) of section 601(j), paragraphs
[[Page 116 STAT. 1809]]
(1) and (2) of section 601(k), subsection (d) of section 602,
paragraph (4) of section 604(b), subsection (r) of section 605,
and paragraph (2) of section 607(j) of the Economic Espionage
Act of 1996 <<NOTE: 18 USC 247, 281, 1114, 2339A, 2423, 2516,
3286, 3563; 21 USC 802.>> are repealed.
(2) Elimination of extra comma.--Section 1956(c)(7)(D) of
title 18, United States Code, is amended--
(A) by striking ``Code,,'' and inserting ``Code,'';
and
(B) by striking ``services),,'' and inserting
``services),''.
(3) Repeal of section granting duplicative authority.--
(A) Section 3503 of title 18, United States Code, is
repealed.
(B) The table of sections at the beginning of
chapter 223 of title 18, United States Code, is amended
by striking the item relating to section 3503.
(4) Elimination of outmoded reference to parole.--Section
929(b) of title 18, United States Code, is amended by striking
the last sentence.
(d) Correction of Outmoded Fine Amounts.--
(1) In title 18, united states code.--
(A) In section 492.--Section 492 of title 18, United
States Code, is amended by striking ``not more than
$100'' and inserting ``under this title''.
(B) In section 665.--Section 665(c) of title 18,
United States Code, is amended by striking ``a fine of
not more than $5,000'' and inserting ``a fine under this
title''.
(C) In sections 1924, 2075, 2113(b), and 2236.--
(i) Section 1924(a) of title 18, United States
Code, is amended by striking ``not more than
$1,000,'' and inserting ``under this title''.
(ii) Sections 2075 and 2113(b) of title 18,
United States Code, are each amended by striking
``not more than $1,000'' and inserting ``under
this title''.
(iii) Section 2236 of title 18, United States
Code, is amended by inserting ``under this title''
after ``warrant, shall be fined'', and by striking
``not more than $1,000''.
(D) In section 372 and 752.--Sections 372 and 752(a)
of title 18, United States Code, are each amended by
striking ``not more than $5,000'' and inserting ``under
this title''.
(E) In section 924(e)(1).--Section 924(e)(1) of
title 18, United States Code, is amended by striking
``not more than $25,000'' and inserting ``under this
title''.
(2) In the controlled substances act.--
(A) In section 401.--Section 401(d) of the
Controlled Substances Act (21 U.S.C. 841(d)) is
amended--
(i) in paragraph (1), by striking ``and shall
be fined not more than $10,000'' and inserting
``or fined under title 18, United States Code, or
both''; and
(ii) in paragraph (2), by striking ``and shall
be fined not more than $20,000'' and inserting
``or fined under title 18, United States Code, or
both''.
(B) In section 402.--Section 402(c)(2) of the
Controlled Substances Act (21 U.S.C. 842(c)) is
amended--
[[Page 116 STAT. 1810]]
(i) in subparagraph (A), by striking ``of not
more than $25,000'' and inserting ``under title
18, United States Code''; and
(ii) in subparagraph (B), by striking ``of
$50,000'' and inserting ``under title 18, United
States Code''.
(C) In section 403.--Section 403(d) of the
Controlled Substances Act (21 U.S.C. 843(d)) is
amended--
(i) by striking ``of not more than $30,000''
each place that term appears and inserting ``under
title 18, United States Code''; and
(ii) by striking ``of not more than $60,000''
each place it appears and inserting ``under title
18, United States Code''.
(e) Cross Reference Corrections.--
(1) Section 3664.--Section 3664(o)(1)(C) of title 18, United
States Code, is amended by striking ``section 3664(d)(3)'' and
inserting ``subsection (d)(5)''.
(2) Chapter 228.--Section 3592(c)(1) of title 18, United
States Code, is amended by striking ``section 36'' and inserting
``section 37''.
(3) Correcting erroneous cross reference in controlled
substances act.--Section 511(a)(10) of the Controlled Substances
Act (21 U.S.C. 881(a)(10)) is amended by striking ``1822 of the
Mail Order Drug Paraphernalia Control Act'' and inserting
``422''.
(4) Correction to reflect cross reference change made by
other law.--Effective on the <<NOTE: Effective date. 18 USC
247.>> date of its enactment, section 601(c)(3) of the Economic
Espionage Act of 1996 is amended by striking ``247(d)'' and
inserting ``247(e)''.
(5) Typographical and typeface error in table of chapters.--
The item relating to chapter 123 in the table of chapters at the
beginning of part I of title 18, United States Code, is
amended--
(A) by striking ``2271'' and inserting ``2721''; and
(B) so that the item appears in bold face type.
(6) Section 4104.--Section 4104(d) of title 18, United
States Code, is amended by striking ``section 3653 of this title
and rule 32(f) of'' and inserting ``section 3565 of this title
and the applicable provisions of''.
(7) Error in <<NOTE: Effective date.>> amendatory
language.--Effective on the date of its enactment, section 583
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1998 (111 Stat. 2436) <<NOTE: 18
USC 2441.>> is amended by striking ``Section 2401'' and
inserting ``Section 2441''.
(8) Error in cross reference to court rules.--The first
sentence of section 3593(c) of title 18, United States Code, is
amended by striking ``rule 32(c)'' and inserting ``rule 32''.
(9) Section 1836.--Section 1836 of title 18, United States
Code, is amended--
(A) in subsection (a), by striking ``this section''
and inserting ``this chapter''; and
(B) in subsection (b), by striking ``this
subsection'' and inserting ``this section''.
(10) Correction of erroneous cite in chapter 119.--Section
2510(10) of title 18, United States Code, is amended by striking
``shall have'' and all that follows through ``United
[[Page 116 STAT. 1811]]
States Code;'' and inserting ``has the meaning given that term
in section 3 of the Communications Act of 1934;''.
(11) Elimination of outmoded cite in section 2339a.--Section
2339A(a) of title 18, United States Code, is amended by striking
``2332c,''.
(12) Correction of references in amendatory language.--
Effective the date <<NOTE: Effective date.>> of its enactment,
section 115(a)(8)(B) of Public Law 105-119 <<NOTE: 18 USC
3563.>> is amended--
(A) in clause (i)--
(i) by striking ``at the end of'' and
inserting ``following''; and
(ii) by striking ``paragraph'' the second
place it appears and inserting ``subsection''; and
(B) in clause (ii), by striking ``subparagraph (A)''
and inserting ``clause (i)''.
(f) Tables of Sections Corrections.--
(1) Conforming table of sections to heading of section.--The
item relating to section 1837 in the table of sections at the
beginning of chapter 90 of title 18, United States Code, is
amended by striking ``Conduct'' and inserting ``Applicability to
conduct''.
(2) Conforming heading to table of sections entry.--The
heading of section 1920 of title 18, United States Code, is
amended by striking ``employee's'' and inserting ``employees'''.
SEC. 4003. ADDITIONAL TECHNICALS.
(a) Title 18.--Title 18, United States Code, is amended--
(1) in section 922(t)(1)(C), by striking ``1028(d)(1)'' and
inserting ``1028(d)'';
(2) in section 1005--
(A) in the first undesignated paragraph, by striking
``Act,,'' and inserting ``Act,''; and
(B) by inserting ``or'' at the end of the third
undesignated paragraph;
(3) in section 1071, by striking ``fine of under this
title'' and inserting ``fine under this title'';
(4) in section 1368(a), by inserting ``to'' after ``serious
bodily injury'';
(5) in subsections (b)(1) and (c) of section 2252A, by
striking ``paragraphs'' and inserting ``paragraph''; and
(6) in section 2254(a)(3), by striking the comma before the
period at the end.
(b) Title 28.--Title 28, United States Code, is amended--
(1) in section 509(3), by striking the second period;
(2) in section 526--
(A) in the heading, by striking ``and'' before
``trustees''; and
(B) in subsection (a)(1), by striking the second
comma after ``marshals'';
(3) in section 529(b)(2), as hereinbefore added, by striking
the matter between ``services contract'' and ``made,'';
(4) in section 534(a)(3), by inserting ``and'' after the
semicolon;
(5) in the item relating to section 526 in the table of
sections at the beginning of chapter 31, by striking ``and''
before ``trustees'';
[[Page 116 STAT. 1812]]
(6) in the item relating to chapter 37 in the table of
chapters at the beginning of part II, by inserting ``Service''
after ``Marshals'';
(7) in the item relating to section 532 in the table of
sections at the beginning of chapter 33, by inserting ``the''
after ``of''; and
(8) in the item relating to section 537 in the table of
sections at the beginning of chapter 33, by striking ``nature''
and inserting ``character''.
SEC. 4004. REPEAL OF OUTMODED PROVISIONS.
(a) Section 14 of title 18, United States Code, and the item
relating thereto in the table of sections at the beginning of chapter 1
of title 18, United States Code, are repealed.
(b) Section 1261 of such title is amended--
(1) by striking ``(a) The Secretary'' and inserting ``The
Secretary''; and
(2) by striking subsection (b).
(c) Section 1821 of such title is amended by striking ``, the Canal
Zone''.
(d) Section 3183 of such title is amended by striking ``or the
Panama Canal Zone,''.
(e) Section 3241 of such title is amended by striking ``United
States District Court for the Canal Zone and the''.
(f) <<NOTE: 28 USC 504 and note.>> Any section of any Act enacted on
the antepenultimate day of November 2001, which section provides for any
amendment to chapter 31 of title 28, United States Code, is hereby
repealed.
SEC. 4005. AMENDMENTS RESULTING FROM PUBLIC LAW 107-56.
(a) Margin Corrections.--
(1) Section 2516(1) of title 18, United States Code, is
amended by moving the left margin for subsection (q) 2 ems to
the right.
(2) Section 2703(c)(1) of title 18, United States Code, is
amended by moving the left margin of subparagraph (E) 2 ems to
the left.
(3) Section 1030(a)(5) of title 18, United States Code, is
amended by moving the left margin of subparagraph (B) 2 ems to
the left.
(b) Correction of Wrongly Worded Clerical Amendment.--Effective on
the <<NOTE: Effective date.>> date of its enactment, section 223(c)(2)
of Public Law 107-56 is amended to read as follows:
``(2) The table of sections at the beginning of chapter 121 of title
18, United States Code, is amended by adding at the end the following
new item:
``2712. Civil actions against the United States.''.
(c) Correction of Erroneous Placement of Amendment Language.--
Effective on the <<NOTE: Effective date. 50 USC 1805.>> date of its
enactment, section 225 of Public Law 107-56 is amended--
(1) by striking ``after subsection (g)'' and inserting
``after subsection (h)''; and
(2) by redesignating the subsection added to section 105 of
section 105 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805) as subsection (i).
(d) Punctuation Corrections.--
(1) Section 1956(c)(6)(B) of title 18, United States Code,
is amended by striking the period and inserting a semicolon.
[[Page 116 STAT. 1813]]
(2) <<NOTE: Effective date. 18 USC 2339.>> Effective on the
date of its enactment, section 803(a) of Public Law 107-56 is
amended by striking the close quotation mark and period that
follows at the end of subsection (a) in the matter proposed to
be inserted in title 18, United States Code, as a new section
2339.
(3) Section 1030(c)(3)(B) of title 18, United States Code,
is amended by inserting a comma after ``(a)(4)''.
(e) Elimination <<NOTE: Effective date. 18 USC 1956.>> of Duplicate
Amendment.--Effective on the date of its enactment, section 805 of
Public Law 107-56 is amended by striking subsection (b).
(f) Correction of Unexecutable Amendments.--
(1) <<NOTE: Effective date. 18 USC 1961.>> Effective on the
date of its enactment, section 813(2) of Public Law 107-56 is
amended by striking ``semicolon'' and inserting ``period''.
(2) <<NOTE: Effective date. 18 USC 2707 note.>> Effective on
the date of its enactment, section 815 of Public Law 107-56 is
amended by inserting ``a'' before ``statutory authorization''.
(g) Correction of Heading Style.--The heading for section 175b of
title 18, United States Code, is amended to read as follows:
``Sec. 175b. Possession by restricted persons''.
SEC. 4006. CROSS REFERENCE CORRECTION.
Section 2339C(a)(1) of title 18, United States Code, is amended by
striking ``described in subsection (c)'' and inserting ``described in
subsection (b)''.
TITLE V--PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS
SEC. 5001. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.
(a) State Applications.--Section 503(a)(13)(A)(iii) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3753(a)(13)(A)(iii)) is amended by striking ``or the National
Association of Medical Examiners,'' and inserting ``, the National
Association of Medical Examiners, or any other nonprofit, professional
organization that may be recognized within the forensic science
community as competent to award such accreditation,''.
(b) Forensic Sciences Improvement Grants.--Part BB of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797j et
seq.) is amended--
(1) <<NOTE: 42 USC 3797j.>> in section 2801, by inserting
after ``States'' the following: `` and units of local
government'';
(2) <<NOTE: 42 USC 3797k.>> in section 2802--
(A) in the matter before paragraph (1), by inserting
``or unit of local government'' after ``State'';
(B) in paragraph (1), to read as follows:
``(1) a certification that the State or unit of local
government has developed a plan for forensic science
laboratories under a program described in section 2804(a), and a
specific description of the manner in which the grant will be
used to carry out that plan;'';
(C) in paragraph (2), by inserting ``or appropriate
certifying bodies'' before the semicolon; and
[[Page 116 STAT. 1814]]
(D) in paragraph (3), by inserting ``for a State or
local plan'' after ``program'';
(3) <<NOTE: 42 USC 3797l.>> in section 2803(a)(2), by
striking ``to States with'' and all that follows through the
period and inserting ``for competitive awards to States and
units of local government. In making awards under this part, the
Attorney General shall consider the average annual number of
part 1 violent crimes reported by each State to the Federal
Bureau of Investigation for the 3 most recent calendar years for
which data is available and consider the existing resources and
current needs of the potential grant recipient.'';
(4) <<NOTE: 42 USC 3797m.>> in section 2804--
(A) in subsection (a), by inserting ``or unit of
local government'' after ``A State''; and
(B) in subsection (c)(1), by inserting ``(including
grants received by units of local government within a
State)'' after ``under this part''; and
(5) <<NOTE: 42 USC 3797o.>> in section 2806(a)--
(A) in the matter before paragraph (1), by inserting
``or unit of local government'' after ``each State'';
and
(B) in paragraph (1), by inserting before the
semicolon the following: ``, which shall include a
comparison of pre-grant and post-grant forensic science
capabilities''
(C) in paragraph (2), by striking ``and'' at the
end;
(D) by redesignating paragraph (3) as paragraph (4);
and
(E) by inserting after paragraph (2) the following:
``(3) an identification of the number and type of cases
currently accepted by the laboratory; and''.
SEC. 5002. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of fiscal years
2002 through 2007--
(1) such sums as may be necessary for the Center for
Domestic Preparedness of the Department of Justice in Anniston,
Alabama;
(2) such sums as may be necessary for the Texas Engineering
Extension Service of Texas A&M University;
(3) such sums as may be necessary for the Energetic
Materials Research and Test Center of the New Mexico Institute
of Mining and Technology;
(4) such sums as may be necessary for the Academy of
Counterterrorist Education at Louisiana State University;
(5) such sums as may be necessary for the National Exercise,
Test, and Training Center of the Department of Energy, located
at the Nevada test site;
(6) such sums as may be necessary for the National Center
for the Study of Counter-Terrorism and Cyber-Crime at Norwich
University; and
(7) such sums as may be necessary for the Northeast
Counterdrug Training Center at Fort Indiantown Gap,
Pennsylvania.
[[Page 116 STAT. 1815]]
DIVISION C--IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE,
IMMIGRATION, JUVENILE JUSTICE, AND INTELLECTUAL PROPERTY AND ANTITRUST
LAWS
TITLE I--CRIMINAL JUSTICE, CIVIL JUSTICE, AND IMMIGRATION
Subtitle A--General Improvements
SEC. 11001. <<NOTE: Law Enforcement Tribute Act. 42 USC 15208.>> LAW
ENFORCEMENT TRIBUTE ACT.
(a) Short Title.--This section may be cited as the ``Law Enforcement
Tribute Act''.
(b) Findings.--Congress finds the following:
(1) The well-being of all citizens of the United States is
preserved and enhanced as a direct result of the vigilance and
dedication of law enforcement and public safety personnel.
(2) More than 700,000 law enforcement officers, both men and
women, at great risk to their personal safety, serve their
fellow citizens as guardians of peace.
(3) Nationwide, 51 law enforcement officers were killed in
the line of duty in 2000, according to statistics released by
the Federal Bureau of Investigation. This number is an increase
of 9 from the 1999 total of 42.
(4) In 1999, 112 firefighters died while on duty, an
increase of 21 deaths from the previous year.
(5) Every year, 1 in 9 peace officers is assaulted, 1 in 25
is injured, and 1 in 4,400 is killed in the line of duty.
(6) In addition, recent statistics indicate that 83 officers
were accidentally killed in the performance of their duties in
2000, an increase of 18 from the 65 accidental deaths in 1999.
(7) A permanent tribute is a powerful means of honoring the
men and women who have served our Nation with distinction.
However, many law enforcement and public safety agencies lack
the resources to honor their fallen colleagues.
(c) Program Authorized.--From amounts made available to carry out
this section, the Attorney General may make grants to States, units of
local government, and Indian tribes to carry out programs to honor,
through permanent tributes, men and women of the United States who were
killed or disabled while serving as law enforcement or public safety
officers.
(d) Uses of Funds.--Grants awarded under this section shall be
distributed directly to the State, unit of local government, or Indian
tribe, and shall be used for the purposes specified in subsection (c).
(e) $150,000 Limitation.--A grant under this section may not exceed
$150,000 to any single recipient.
(f) Matching Funds.--
(1) The Federal portion of the costs of a program provided
by a grant under this section may not exceed 50 percent.
[[Page 116 STAT. 1816]]
(2) Any funds appropriated by Congress for the activities of
any agency of an Indian tribal government or the Bureau of
Indian Affairs performing law enforcement or public safety
functions on any Indian lands may be used to provide the non-
Federal share of a matching requirement funded under this
subsection.
(g) Applications.--To request a grant under this section, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Attorney General at such time, in such
manner, and accompanied by such information as the Attorney General may
require.
(h) Annual Report to Congress.--Not <<NOTE: Deadline.>> later than
November 30 of each year, the Attorney General shall submit a report to
the Congress regarding the activities carried out under this section.
Each such report shall include, for the preceding fiscal year, the
number of grants funded under this section, the amount of funds provided
under those grants, and the activities for which those funds were used.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2002 through 2006.
SEC. 11002. DISCLOSURE OF GRAND JURY MATTERS RELATING TO MONEY
LAUNDERING OFFENSES.
Section 3322(d)(1) of title 18, United States Code, is amended--
(1) in subparagraph (A), by striking ``or 1344; or'' and
inserting ``1344, 1956, or 1957;'';
(2) in subparagraph (B), by inserting ``or'' after the
semicolon; and
(3) by adding at the end the following:
``(C) any provision of subchapter II of chapter 53
of title 31, United States Code;''.
SEC. 11003. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC PREPAREDNESS
SUPPORT.
(a) Technical Corrections.--
(1) Office.--Section 1014(a) of the USA PATRIOT Act (Public
Law 107-56) <<NOTE: 42 USC 3714.>> is amended by striking
``Office of State and Local Domestic Preparedness Support'' and
inserting ``Office for Domestic Preparedness''.
(2) Percent.--Section 1014(c)(3) of the USA PATRIOT Act
(Public Law 107-56) is amended by inserting ``not less than''
before ``0.25 percent''.
(b) Additional Use of Grant Amounts.--Section 1014(b) of the USA
PATRIOT Act (Public Law 107-56) is amended by inserting at the end the
following: ``In addition, grants under this section may be used to
construct, develop, expand, modify, operate, or improve facilities to
provide training or assistance to State and local first responders.''.
SEC. 11004. UNITED STATES SENTENCING COMMISSION ACCESS TO NCIC TERMINAL.
Section 534(a) of title 28, United States Code, is amended by
striking paragraph (4) and inserting the following:
``(4) exchange such records and information with, and for
the official use of, authorized officials of the Federal
Government, including the United States Sentencing Commission,
the States, cities, and penal and other institutions.''.
[[Page 116 STAT. 1817]]
SEC. 11005. DANGER PAY FOR FBI AGENTS.
Section 151 of the Foreign Relations Act, fiscal years 1990 and 1991
(5 U.S.C. 5928 note), is amended by inserting ``or Federal Bureau of
Investigation'' after ``Drug Enforcement Administration''.
SEC. 11006. POLICE CORPS.
Subtitle A of title XX of the Violent Crime Control and Law
Enforcement Act of 1994, the Police Corps Act (42 U.S.C. 14091 et seq.),
is amended--
(1) <<NOTE: 42 USC 14095.>> in section 200106--
(A) in subsection (a)(2)--
(i) in subparagraph (A), by striking
``$7,500'' and inserting ``$10,000'';
(ii) in subparagraph (B), by striking
``$10,000'' and inserting ``$13,333''; and
(iii) in subparagraph (C), by striking
``$30,000'' and inserting ``$40,000''; and
(B) in subsection (b)(2)--
(i) in subparagraph (A), by striking
``$7,500'' and inserting ``$10,000'';
(ii) in subparagraph (B), by striking
``$10,000'' and inserting ``$13,333''; and
(iii) in subparagraph (C), by striking
``$30,000'' and inserting ``$40,000'';
(2) <<NOTE: 42 USC 14097.>> in section 200108, by striking
``$250'' and inserting ``$400'';
(3) <<NOTE: 42 USC 14099.>> in section 200110(2), by
striking ``no more than 10 percent'' and inserting ``except with
permission of the Director, no more than 25 percent'';
(4) <<NOTE: 42 USC 14100.>> by striking section 200111; and
(5) <<NOTE: 42 USC 14101.>> in section 200112, by striking
``fiscal year 2002'' and inserting ``each of fiscal years 2002
through 2005''.
SEC. 11007. RADIATION EXPOSURE COMPENSATION TECHNICAL AMENDMENTS.
(a) In General.--The Radiation Exposure Compensation Act (42 U.S.C.
2210 note) is amended--
(1) in section 4(b)(1)(C), by inserting ``, and that part of
Arizona that is north of the Grand Canyon'' after ``Gila'';
(2) in section 4(b)(2)--
(A) by striking ``lung cancer (other than in situ
lung cancer that is discovered during or after a post-
mortem exam),''; and
(B) by striking ``or liver (except if cirrhosis or
hepatitis B is indicated).'' and inserting ``liver
(except if cirrhosis or hepatitis B is indicated), or
lung.'';
(3) in section 5(a)(1)(A)(ii)(I), by inserting ``or worked
for at least 1 year during the period described under clause
(i)'' after ``months of radiation'';
(4) in section 5(a)(2)(A), by striking ``an Atomic Energy
Commission'' and inserting ``a'';
(5) in section 5(b)(5), by striking ``or lung cancer'';
(6) in section 5(c)(1)(B)(i), by striking ``or lung
cancer'';
(7) in section 5(c)(2)(B)(i), by striking ``or lung
cancer'';
(8) in section 6(e)--
(A) by striking ``The'' and inserting ``Except as
otherwise authorized by law, the''; and
[[Page 116 STAT. 1818]]
(B) by inserting ``, mill, or while employed in the
transport of uranium ore or vanadium-uranium ore from
such mine or mill'' after ``radiation in a uranium
mine'';
(9) in section 6(i), by striking the second sentence;
(10) in section 6(k), by adding at the end the following:
``Not later than 180 days after the date of enactment of the
Radiation Exposure Compensation Act Amendments of 2000, the
Attorney General shall issue revised regulations to carry out
this Act.'';
(11) in section 7, by amending subsection (b) to read as
follows:
``(b) Choice of Remedies.--No individual may receive more than 1
payment under this Act.''; and
(12) by adding at the end the following:
``SEC. 14. GAO REPORTS.
``(a) In General.--Not <<NOTE: Deadline.>> later than 18 months
after the date of enactment of the Radiation Exposure Compensation Act
Amendments of 2000, and every 18 months thereafter, the General
Accounting Office shall submit a report to Congress containing a
detailed accounting of the administration of this Act by the Department
of Justice.
``(b) Contents.--Each report submitted under this section shall
include an analysis of--
``(1) claims, awards, and administrative costs under this
Act; and
``(2) the budget of the Department of Justice relating to
this Act.''.
(b) Conforming Amendments.--Section 3 of the Radiation Exposure
Compensation Act Amendments of 2000 (Public Law 106-245) is
amended <<NOTE: 42 USC 2210 note.>> by striking subsection (i).
SEC. 11008. <<NOTE: Federal Judiciary Protection Act of 2002.>> FEDERAL
JUDICIARY PROTECTION ACT OF 2002.
(a) Short Title.--This <<NOTE: 18 USC 111 note.>> section may be
cited as the ``Federal Judiciary Protection Act of 2002''.
(b) Assaulting, Resisting, or Impeding Certain Officers or
Employees.--Section 111 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``three'' and inserting
``8''; and
(2) in subsection (b), by striking ``ten'' and inserting
``20''.
(c) Influencing, Impeding, or Retaliating Against a Federal Official
by Threatening or Injuring a Family Member.--Section 115(b)(4) of title
18, United States Code, is amended--
(1) by striking ``five'' and inserting ``10''; and
(2) by striking ``three'' and inserting ``6''.
(d) Mailing Threatening Communications.--Section 876 of title 18,
United States Code, is amended--
(1) by designating the first 4 undesignated paragraphs as
subsections (a) through (d), respectively;
(2) in subsection (c), as redesignated by paragraph (1), by
adding at the end the following: ``If such a communication is
addressed to a United States judge, a Federal law enforcement
officer, or an official who is covered by section 1114, the
individual shall be fined under this title, imprisoned not more
than 10 years, or both.''; and
(3) in subsection (d), as redesignated by paragraph (1), by
adding at the end the following: ``If such a communication
[[Page 116 STAT. 1819]]
is addressed to a United States judge, a Federal law enforcement
officer, or an official who is covered by section 1114, the
individual shall be fined under this title, imprisoned not more
than 10 years, or both.''.
(e) Amendment of the <<NOTE: 28 USC 994 note.>> Sentencing
Guidelines for Assaults and Threats Against Federal Judges and Certain
Other Federal Officials and Employees.--
(1) In general.--Pursuant to its authority under section 994
of title 28, United States Code, the United States Sentencing
Commission shall review and amend the Federal sentencing
guidelines and the policy statements of the commission, if
appropriate, to provide an appropriate sentencing enhancement
for offenses involving influencing, assaulting, resisting,
impeding, retaliating against, or threatening a Federal judge,
magistrate judge, or any other official described in section 111
or 115 of title 18, United States Code.
(2) Factors for consideration.--In carrying out this
section, the United States Sentencing Commission shall consider,
with respect to each offense described in paragraph (1)--
(A) any expression of congressional intent regarding
the appropriate penalties for the offense;
(B) the range of conduct covered by the offense;
(C) the existing sentences for the offense;
(D) the extent to which sentencing enhancements
within the Federal sentencing guidelines and the
authority of the court to impose a sentence in excess of
the applicable guideline range are adequate to ensure
punishment at or near the maximum penalty for the most
egregious conduct covered by the offense;
(E) the extent to which the Federal sentencing
guideline sentences for the offense have been
constrained by statutory maximum penalties;
(F) the extent to which the Federal sentencing
guidelines for the offense adequately achieve the
purposes of sentencing as set forth in section
3553(a)(2) of title 18, United States Code;
(G) the relationship of the Federal sentencing
guidelines for the offense to the Federal sentencing
guidelines for other offenses of comparable seriousness;
and
(H) any other factors that the Commission considers
to be appropriate.
SEC. 11009. <<NOTE: James Guelff and Chris McCurley Body Armor Act of
2002. 42 USC 3796ll-3.>> JAMES GUELFF AND CHRIS McCURLEY
BODY ARMOR ACT OF 2002.
(a) Short Title.--This section may be cited as the ``James Guelff
and Chris McCurley Body Armor Act of 2002''.
(b) Findings.--Congress finds that--
(1) nationally, police officers and ordinary citizens are
facing increased danger as criminals use more deadly weaponry,
body armor, and other sophisticated assault gear;
(2) crime at the local level is exacerbated by the
interstate movement of body armor and other assault gear;
(3) there is a traffic in body armor moving in or otherwise
affecting interstate commerce, and existing Federal controls
over such traffic do not adequately enable the States to control
this traffic within their own borders through the exercise of
their police power;
[[Page 116 STAT. 1820]]
(4) recent incidents, such as the murder of San Francisco
Police Officer James Guelff by an assailant wearing 2 layers of
body armor, a 1997 bank shoot out in north Hollywood,
California, between police and 2 heavily armed suspects
outfitted in body armor, and the 1997 murder of Captain Chris
McCurley of the Etowah County, Alabama Drug Task Force by a drug
dealer shielded by protective body armor, demonstrate the
serious threat to community safety posed by criminals who wear
body armor during the commission of a violent crime;
(5) of the approximately 1,500 officers killed in the line
of duty since 1980, more than 30 percent could have been saved
by body armor, and the risk of dying from gunfire is 14 times
higher for an officer without a bulletproof vest;
(6) the Department of Justice has estimated that 25 percent
of State and local police are not issued body armor;
(7) the Federal Government is well-equipped to grant local
police departments access to body armor that is no longer needed
by Federal agencies; and
(8) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to enact legislation to regulate interstate commerce
that affects the integrity and safety of our communities.
(c) Definitions.--In this section:
(1) Body armor.--The term ``body armor'' means any product
sold or offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.
(2) Law enforcement agency.--The term ``law enforcement
agency'' means an agency of the United States, a State, or a
political subdivision of a State, authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(3) Law Enforcement Officer.--The term ``law enforcement
officer'' means any officer, agent, or employee of the United
States, a State, or a political subdivision of a State,
authorized by law or by a government agency to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
(d) Amendment of Sentencing Guidelines With Respect to Body Armor.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall review and amend the Federal
sentencing guidelines and the policy statements of the
Commission, as appropriate, to provide an appropriate sentencing
enhancement for any crime of violence (as defined in section 16
of title 18, United States Code) or drug trafficking crime (as
defined in section 924(c) of title 18, United States Code)
(including a crime of violence or drug trafficking crime that
provides for an enhanced punishment if committed by the use of a
deadly or dangerous weapon or device) in which the defendant
used body armor.
[[Page 116 STAT. 1821]]
(2) Sense of Congress.--It is the sense of Congress that any
sentencing enhancement under this subsection should be at least
2 levels.
(e) Prohibition of Purchase, Use, or Possession of Body Armor by
Violent Felons.--
(1) Definition of body armor.--Section 921(a) of title 18,
United States Code, is amended by adding at the end the
following:
``(35) The term `body armor' means any product sold or
offered for sale, in interstate or foreign commerce, as personal
protective body covering intended to protect against gunfire,
regardless of whether the product is to be worn alone or is sold
as a complement to another product or garment.''.
(2) Prohibition.--
(A) In general.--Chapter 44 of title 18, United
States Code, is amended by adding at the end the
following:
``Sec. 931. Prohibition on purchase, ownership, or possession of body
armor by violent felons
``(a) In General.--Except as provided in subsection (b), it shall be
unlawful for a person to purchase, own, or possess body armor, if that
person has been convicted of a felony that is--
``(1) a crime of violence (as defined in section 16); or
``(2) an offense under State law that would constitute a
crime of violence under paragraph (1) if it occurred within the
special maritime and territorial jurisdiction of the United
States.
``(b) Affirmative Defense.--
``(1) In general.--It shall be an affirmative defense under
this section that--
``(A) the defendant obtained prior written
certification from his or her employer that the
defendant's purchase, use, or possession of body armor
was necessary for the safe performance of lawful
business activity; and
``(B) the use and possession by the defendant were
limited to the course of such performance.
``(2) Employer.--In this subsection, the term `employer'
means any other individual employed by the defendant's business
that supervises defendant's activity. If that defendant has no
supervisor, prior written certification is acceptable from any
other employee of the business.''.
(B) Clerical amendment.--The analysis for chapter 44
of title 18, United States Code, is amended by adding at
the end the following:
``931. Prohibition on purchase, ownership, or possession of body armor
by violent felons.''.
(3) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(7) Whoever knowingly violates section 931 shall be fined under
this title, imprisoned not more than 3 years, or both.''.
(f) Donation of Federal Surplus Body Armor.--
(1) Definitions.--In this subsection, the terms ``Federal
agency'' and ``surplus property'' have the meanings given such
terms under section 3 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 472).
[[Page 116 STAT. 1822]]
(2) Donation of body armor.--Notwithstanding section 203 of
the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 484), the head of a Federal agency may donate body armor
directly to any State or local law enforcement agency, if such
body armor--
(A) is in serviceable condition;
(B) is surplus property; and
(C) meets or exceeds the requirements of National
Institute of Justice Standard 0101.03 (as in effect on
the date of enactment of this Act).
(3) Notice to administrator.--The head of a Federal agency
who donates body armor under this subsection shall submit to the
Administrator of General Services a written notice identifying
the amount of body armor donated and each State or local law
enforcement agency that received the body armor.
(4) Donation by certain officers.--
(A) Department of justice.--In the administration of
this subsection with respect to the Department of
Justice, in addition to any other officer of the
Department of Justice designated by the Attorney
General, the following officers may act as the head of a
Federal agency:
(i) The Administrator of the Drug Enforcement
Administration.
(ii) The Director of the Federal Bureau of
Investigation.
(iii) The Commissioner of the Immigration and
Naturalization Service.
(iv) The Director of the United States
Marshals Service.
(B) Department of the treasury.--In the
administration of this subsection with respect to the
Department of the Treasury, in addition to any other
officer of the Department of the Treasury designated by
the Secretary of the Treasury, the following officers
may act as the head of a Federal agency:
(i) The Director of the Bureau of Alcohol,
Tobacco, and Firearms.
(ii) The Commissioner of Customs.
(iii) The Director of the United States Secret
Service.
(5) No liability.--Notwithstanding any other provision of
law, the United States shall not be liable for any harm
occurring in connection with the use or misuse of any body armor
donated under this subsection.
SEC. 11010. PERSONS AUTHORIZED TO SERVE SEARCH WARRANT.
Section 2703 of title 18, United States Code, is amended by adding
at the end the following:
``(g) Presence of Officer Not Required.--Notwithstanding section
3105 of this title, the presence of an officer shall not be required for
service or execution of a search warrant issued in accordance with this
chapter requiring disclosure by a provider of electronic communications
service or remote computing service of the contents of communications or
records or other information pertaining to a subscriber to or customer
of such service.''.
[[Page 116 STAT. 1823]]
SEC. 11011. <<NOTE: 42 USC 3796ii note.>> STUDY ON REENTRY, MENTAL
ILLNESS, AND PUBLIC SAFETY.
(a) Study.--The Attorney General shall commission a study of
offenders, or a sampling of such offenders, with mental illness released
from prison or jail in 2 or more jurisdictions, including at least 1
State or local and 1 Federal, to determine the extent to which
participation in public benefit programs correlates with successful
reentry and improved public safety.
(b) Report.--Not <<NOTE: Deadline.>> later than 2 years after the
date of enactment of this Act, the Attorney General shall submit to the
Committees on the Judiciary of the Senate and the House of
Representatives--
(1) a report detailing the results of the study conducted
under subsection (a) with findings that address--
(A) the number of offenders with mental illness
released from the prison or jail who qualify for
medicaid, SSI, or SSDI;
(B) the number of offenders with mental illness who
qualify for medicaid, SSI, or SSDI benefits and who are
enrolled in these programs upon release from prison or
jail; and
(C) how enrollment in medicaid, SSI, or SSDI
affects--
(i) rearrest;
(ii) violation of condition(s) of release;
(iii) reincarceration;
(iv) rehospitalization;
(v) the length of time upon release from
prison or jail time to the first contact with a
mental health or substance abuse service; and
(vi) the number of contacts with a mental
health or substance abuse services within the
first 90 days of release; and
(2) any recommendations.
(c) Authorization of Appropriations.--There are authorized such sums
as necessary to conduct the study and issue the report required by this
section.
SEC. 11012. TECHNICAL AMENDMENT TO OMNIBUS CRIME CONTROL ACT.
Section 802(b) of the Omnibus Crime Control and Safe Streets Act of
1968 is amended <<NOTE: 42 USC 3783.>> in the first sentence by striking
``U,'' and inserting ``T,''.
SEC. 11013. DEBT COLLECTION IMPROVEMENT.
(a) In General.--Notwithstanding <<NOTE: 28 USC 527 note.>> section
3302 of title 31, United States Code, or any other statute affecting the
crediting of collections, the Attorney General may credit, as an
offsetting collection, to the Department of Justice Working Capital Fund
up to 3 percent of all amounts collected pursuant to civil debt
collection litigation activities of the Department of Justice. Such
amounts in the Working Capital Fund shall remain available until
expended and shall be subject to the terms and conditions of that fund,
and shall be used first, for paying the costs of processing and tracking
civil and criminal debt-collection litigation, and, thereafter, for
financial systems and for debt-collection-related personnel,
administrative, and litigation expenses.
(b) Conforming Amendment.--Section 108 of Public Law 103-
121 <<NOTE: 28 USC 527 note.>> is repealed.
[[Page 116 STAT. 1824]]
SEC. 11014. SCAAP AUTHORIZATION.
Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C.
1231(i)(5)) is amended by striking ``, of which'' and all that follows
through ``2000'' and inserting ``in fiscal years 2003 and 2004''.
SEC. 11015. <<NOTE: 28 USC 519 note.>> USE OF ANNUITY BROKERS IN
STRUCTURED SETTLEMENTS.
(a) Establishment and Transmission of List of Approved Annuity
Brokers.--Not <<NOTE: Deadline.>> later than 6 months after the date of
enactment of this Act, the Attorney General shall establish a list of
annuity brokers who meet minimum qualifications for providing annuity
brokerage services in connection with structured settlements entered by
the United States. This list shall be updated upon request by any
annuity broker that meets the minimum qualifications for inclusion on
the list. The Attorney General shall transmit such list, and any updates
to such list, to all United States Attorneys.
(b) Authority To Select Annuity Broker for Structured Settlements.--
In any structured settlement that is not negotiated exclusively through
the Civil Division of the Department of Justice, the United States
Attorney (or his designee) involved in any settlement negotiations shall
have the exclusive authority to select an annuity broker from the list
of such brokers established by the Attorney General, provided that all
documents related to any settlement comply with Department of Justice
requirements.
SEC. 11016. INS PROCESSING FEES.
The Immigration and Nationality Act is amended--
(1) in section 344(c) (8 U.S.C. 1455(c)), by striking
``All'' and inserting ``Except as provided by section 286(q)(2)
or any other law, all''; and
(2) in section 286(q)(2) (8 U.S.C. 1356(q)(2)), by inserting
``, including receipts for services performed in processing
forms I-94, I-94W, and I-68, and other similar applications
processed at land border ports of entry,'' after ``subsection''.
SEC. 11017. <<NOTE: 18 USC 4202 note.>> UNITED STATES PAROLE COMMISSION
EXTENSION.
(a) Extension of the Parole Commission.--For purposes of section
235(b) of the Sentencing Reform Act of 1984 (98 Stat. 2032) as such
section relates to chapter 311 of title 18, United States Code, and the
Parole Commission, each reference in such section to ``fifteen years''
or ``fifteen-year period'' shall be deemed to be a reference to
``eighteen years'' or ``eighteen-year period'', respectively.
(b) Study by Attorney General.--The <<NOTE: Deadline.>> Attorney
General, not later than 60 days after the enactment of this Act, should
establish a committee within the Department of Justice to evaluate the
merits and feasibility of transferring the United States Parole
Commission's functions regarding the supervised release of District of
Columbia offenders to another entity or entities outside the Department
of Justice. This committee should consult with the District of Columbia
Superior Court and the District of Columbia Court Services and Offender
Supervision Agency, and should report its findings and recommendations
to the <<NOTE: Deadline.>> Attorney General. The Attorney General, in
turn, should submit to Congress, not later than 18 months after the
enactment of this Act, a long-term plan
[[Page 116 STAT. 1825]]
for the most effective and cost-efficient assignment of responsibilities
relating to the supervised release of District of Columbia offenders.
(c) Service as Commissioner.--Notwithstanding subsection (a), the
final clause of the fourth sentence of section 4202 of title 18, United
States Code, which begins ``except that'', shall not apply to a person
serving as a Commissioner of the United States Parole Commission when
this Act takes effect.
SEC. 11018. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT
TO INTERNATIONAL MEDICAL GRADUATES.
(a) Increase in Numerical Limitation on Waivers Requested by
States.--Section 214(l)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1184(l)(1)(B)) is amended by striking ``20;'' and inserting
``30;''.
(b) Extension of Deadline.--Section 220(c) of the Immigration and
Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) is
amended by striking ``2002.'' and inserting ``2004.''.
(c) Technical Correction.--Section 212(e) of the Immigration and
Nationality Act (8 U.S.C. 1182(e)) is amended by striking ``214(k):''
and inserting ``214(l):''.
(d) Effective Date.--The <<NOTE: 8 USC 1182 note.>> amendments made
by this section shall take effect as if this Act were enacted on May 31,
2002.
SEC. 11019. PRETRIAL DISCLOSURE OF EXPERT TESTIMONY RELATING TO
DEFENDANT'S MENTAL CONDITION.
(a) Modification of <<NOTE: 28 USC 2074 note.>> Proposed
Amendments.--The proposed amendments to the Federal Rules of Criminal
Procedure that are embraced by an order entered by the Supreme Court of
the United States on April 29, 2002, shall take effect on December 1,
2002, as otherwise provided by law, but with the amendments made in
subsection (b).
(b) Pretrial Disclosure of Expert Testimony.--Rule 16 of
the <<NOTE: 18 USC app.>> Federal Rules of Criminal Procedure is
amended--
(1) in subdivision (a)(1), by amending subparagraph (G) to
read as follows:
``(G) Expert witnesses.--At the defendant's request,
the government must give to the defendant a written
summary of any testimony that the government intends to
use under Rules 702, 703, or 705 of the Federal Rules of
Evidence during its case-in-chief at trial. If the
government requests discovery under subdivision
(b)(1)(C)(ii) and the defendant complies, the government
must, at the defendant's request, give to the defendant
a written summary of testimony that the government
intends to use under Rules 702, 703, or 705 of the
Federal Rules of Evidence as evidence at trial on the
issue of the defendant's mental condition. The summary
provided under this subparagraph must describe the
witness's opinions, the bases and reasons for those
opinions, and the witness's qualifications.''; and
(2) in subdivision (b)(1), by amending subparagraph (C) to
read as follows:
``(C) Expert witnesses.--The defendant must, at the
government's request, give to the government a written
summary of any testimony that the defendant intends to
[[Page 116 STAT. 1826]]
use under Rules 702, 703, or 705 of the Federal Rules of
Evidence as evidence at trial, if--
``(i) the defendant requests disclosure under
subdivision (a)(1)(G) and the government complies;
or
``(ii) the defendant has given notice under
Rule 12.2(b) of an intent to present expert
testimony on the defendant's mental condition.
This summary must describe the witness's opinions, the
bases and reasons for those opinions, and the witness's
qualifications''.
(c) Effective Date.--The <<NOTE: 18 USC app.>> amendments made by
subsection (b) shall take effect on December 1, 2002.
SEC. 11020. <<NOTE: Multiparty, Multiforum Trial Jurisdiction Act of
2002.>> MULTIPARTY, MULTIFORUM TRIAL JURISDICTION ACT OF
2002.
(a) Short Title.--This <<NOTE: 28 USC 1 note.>> section may be cited
as the ``Multiparty, Multiforum Trial Jurisdiction Act of 2002''.
(b) Multiparty, Multiforum Jurisdiction of District Courts.--
(1) Basis of jurisdiction.--
(A) In general.--Chapter 85 of title 28, United
States Code, is amended by adding at the end the
following new section:
``Sec. 1369. Multiparty, multiforum jurisdiction
``(a) In General.--The district courts shall have original
jurisdiction of any civil action involving minimal diversity between
adverse parties that arises from a single accident, where at least 75
natural persons have died in the accident at a discrete location, if--
``(1) a defendant resides in a State and a substantial part
of the accident took place in another State or other location,
regardless of whether that defendant is also a resident of the
State where a substantial part of the accident took place;
``(2) any two defendants reside in different States,
regardless of whether such defendants are also residents of the
same State or States; or
``(3) substantial parts of the accident took place in
different States.
``(b) Limitation of Jurisdiction of District Courts.--The district
court shall abstain from hearing any civil action described in
subsection (a) in which--
``(1) the substantial majority of all plaintiffs are
citizens of a single State of which the primary defendants are
also citizens; and
``(2) the claims asserted will be governed primarily by the
laws of that State.
``(c) Special Rules and Definitions.--For purposes of this section--
``(1) minimal diversity exists between adverse parties if
any party is a citizen of a State and any adverse party is a
citizen of another State, a citizen or subject of a foreign
state, or a foreign state as defined in section 1603(a) of this
title;
``(2) a corporation is deemed to be a citizen of any State,
and a citizen or subject of any foreign state, in which it is
incorporated or has its principal place of business, and is
[[Page 116 STAT. 1827]]
deemed to be a resident of any State in which it is incorporated
or licensed to do business or is doing business;
``(3) the term `injury' means--
``(A) physical harm to a natural person; and
``(B) physical damage to or destruction of tangible
property, but only if physical harm described in
subparagraph (A) exists;
``(4) the term `accident' means a sudden accident, or a
natural event culminating in an accident, that results in death
incurred at a discrete location by at least 75 natural persons;
and
``(5) the term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or possession
of the United States.
``(d) Intervening Parties.--In any action in a district court which
is or could have been brought, in whole or in part, under this section,
any person with a claim arising from the accident described in
subsection (a) shall be permitted to intervene as a party plaintiff in
the action, even if that person could not have brought an action in a
district court as an original matter.
``(e) Notification of Judicial Panel on Multidistrict Litigation.--A
district court in which an action under this section is pending shall
promptly notify the judicial panel on multidistrict litigation of the
pendency of the action.''.
(B) Conforming amendment.--The table of sections at
the beginning of chapter 85 of title 28, United States
Code, is amended by adding at the end the following new
item:
``1369. Multiparty, multiforum jurisdiction.''.
(2) Venue.--Section 1391 of title 28, United States Code, is
amended by adding at the end the following:
``(g) A civil action in which jurisdiction of the district court is
based upon section 1369 of this title may be brought in any district in
which any defendant resides or in which a substantial part of the
accident giving rise to the action took place.''.
(3) Removal of actions.--Section 1441 of title 28, United
States Code, is amended--
(A) in subsection (e) by striking ``(e) The court to
which such civil action is removed'' and inserting ``(f)
The court to which a civil action is removed under this
section''; and
(B) by inserting after subsection (d) the following
new subsection:
``(e)(1) Notwithstanding the provisions of subsection (b) of this
section, a defendant in a civil action in a State court may remove the
action to the district court of the United States for the district and
division embracing the place where the action is pending if--
``(A) the action could have been brought in a United States
district court under section 1369 of this title; or
``(B) the defendant is a party to an action which is or
could have been brought, in whole or in part, under section 1369
in a United States district court and arises from the same
accident as the action in State court, even if the action to be
removed could not have been brought in a district court as an
original matter.
[[Page 116 STAT. 1828]]
The removal of an action under this subsection shall be made in
accordance with section 1446 of this title, except that a notice of
removal may also be filed before trial of the action in State court
within 30 days after the date on which the defendant first becomes a
party to an action under section 1369 in a United States district court
that arises from the same accident as the action in State court, or at a
later time with leave of the district court.
``(2) Whenever an action is removed under this subsection and the
district court to which it is removed or transferred under section
1407(j) has made a liability determination requiring further proceedings
as to damages, the district court shall remand the action to the State
court from which it had been removed for the determination of damages,
unless the court finds that, for the convenience of parties and
witnesses and in the interest of justice, the action should be retained
for the determination of damages.
``(3) Any remand under paragraph (2) shall not be effective until 60
days after the district court has issued an order determining liability
and has certified its intention to remand the removed action for the
determination of damages. An appeal with respect to the liability
determination of the district court may be taken during that 60-day
period to the court of appeals with appellate jurisdiction over the
district court. In the event a party files such an appeal, the remand
shall not be effective until the appeal has been finally disposed of.
Once the remand has become effective, the liability determination shall
not be subject to further review by appeal or otherwise.
``(4) Any decision under this subsection concerning remand for the
determination of damages shall not be reviewable by appeal or otherwise.
``(5) An action removed under this subsection shall be deemed to be
an action under section 1369 and an action in which jurisdiction is
based on section 1369 of this title for purposes of this section and
sections 1407, 1697, and 1785 of this title.
``(6) Nothing in this subsection shall restrict the authority of the
district court to transfer or dismiss an action on the ground of
inconvenient forum.''.
(4) Service of process.--
(A) Other than subpoenas.--(i) Chapter 113 of title
28, United States Code, is amended by adding at the end
the following new section:
``Sec. 1697. Service in multiparty, multiforum actions
``When the jurisdiction of the district court is based in whole or
in part upon section 1369 of this title, process, other than subpoenas,
may be served at any place within the United States, or anywhere outside
the United States if otherwise permitted by law.''.
(ii) The table of sections at the beginning of
chapter 113 of title 28, United States Code, is amended
by adding at the end the following new item:
``1697. Service in multiparty, multiforum actions.''.
(B) Service of subpoenas.--(i) Chapter 117 of title
28, United States Code, is amended by adding at the end
the following new section:
[[Page 116 STAT. 1829]]
``Sec. 1785. Subpoenas in multiparty, multiforum actions
``When the jurisdiction of the district court is based in whole or
in part upon section 1369 of this title, a subpoena for attendance at a
hearing or trial may, if authorized by the court upon motion for good
cause shown, and upon such terms and conditions as the court may impose,
be served at any place within the United States, or anywhere outside the
United States if otherwise permitted by law.''.
(ii) The table of sections at the beginning of
chapter 117 of title 28, United States Code, is amended
by adding at the end the following new item:
``1785. Subpoenas in multiparty, multiforum actions.''.
(c) Effective Date.--The <<NOTE: 28 USC 1369 note.>> amendments made
by subsection (b) shall apply to a civil action if the accident giving
rise to the cause of action occurred on or after the 90th day after the
date of the enactment of this Act.
SEC. 11021. ADDITIONAL PLACE OF HOLDING COURT IN THE SOUTHERN DISTRICT
OF OHIO.
Section 115(b)(2) of title 28, United States Code, is amended by
inserting ``St. Clairsville,'' after ``Columbus,''.
SEC. 11022. <<NOTE: 27 USC 124.>> DIRECT SHIPMENT OF WINE.
(a) Conditions for Transporting Certain Wine.--During any period in
which the Federal Aviation Administration has in effect restrictions on
airline passengers to ensure safety, the direct shipment of wine shall
be permitted from States where wine is purchased from a winery, to
another State or the District of Columbia, if--
(1) the wine was purchased while the purchaser was
physically present at the winery;
(2) the purchaser of the wine provided the winery
verification of legal age to purchase alcohol;
(3) the shipping container in which the wine is shipped is
marked to require an adult's signature upon delivery;
(4) the wine is for personal use only and not for resale;
and
(5) the purchaser could have carried the wine lawfully into
the State or the District of Columbia to which the wine is
shipped.
(b) Violations.--If any person fails to meet any of the conditions
under subsection (a), the attorney general of any State may bring a
civil action under the same terms as those set out in section 2 of the
Act entitled ``An Act divesting intoxicating liquors of their interstate
character in certain cases'', approved March 1, 1913 (commonly known as
the ``Webb-Kenyon Act'') (27 U.S.C. 122a).
(c) Report.--Not <<NOTE: Deadline.>> later than 2 years after the
date of enactment of this Act, and at 2-year intervals thereafter, the
Attorney General of the United States, in consultation with the
Administrator of the Federal Aviation Administration, shall prepare and
submit to the Committee on the Judiciary of the Senate and to the
Committee on the Judiciary of the House of Representatives a report on
the implementation of this section.
[[Page 116 STAT. 1830]]
SEC. 11023. <<NOTE: 28 USC 532 note.>> WEBSTER COMMISSION IMPLEMENTATION
REPORT.
(a) Implementation Plan.--Not <<NOTE: Deadline.>> later than 6
months after the date of enactment of this Act, the Director of the
Federal Bureau of Investigation shall submit to the appropriate
Committees of Congress a plan for implementation of the recommendations
of the Commission for Review of FBI Security Programs, dated March 31,
2002, including the costs of such implementation.
(b) Annual Reports.--On the date that is 1 year after the submission
of the plan described in subsection (a), and for 2 years thereafter, the
Director of the Federal Bureau of Investigation shall submit to the
appropriate Committees of Congress a report on the implementation of
such plan.
(c) Appropriate Committees of Congress.--For purposes of this
section, the term ``appropriate Committees of Congress'' means--
(1) the Committees on the Judiciary of the Senate and the
House of Representatives;
(2) the Committees on Appropriations of the Senate and the
House of Representatives;
(3) the Select Committee on Intelligence of the Senate; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 11024. FBI POLICE.
(a) In General.--Chapter 33 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 540C. FBI Police
``(a) Definitions.--In this section:
``(1) Director.--The term ``Director'' means the Director of
the Federal Bureau of Investigation.
``(2) FBI buildings and grounds.--
``(A) In general.--The term ``FBI buildings and
grounds'' means--
``(i) the whole or any part of any building or
structure which is occupied under a lease or
otherwise by the Federal Bureau of Investigation
and is subject to supervision and control by the
Federal Bureau of Investigation;
``(ii) the land upon which there is situated
any building or structure which is occupied wholly
by the Federal Bureau of Investigation; and
``(iii) any enclosed passageway connecting 2
or more buildings or structures occupied in whole
or in part by the Federal Bureau of Investigation.
``(B) Inclusion.--The term ``FBI buildings and
grounds'' includes adjacent streets and sidewalks not to
exceed 500 feet from such property.
``(3) FBI police.--The term ``FBI police'' means the
permanent police force established under subsection (b).
``(b) Establishment of FBI Police; Duties.--
``(1) In general.--Subject to the supervision of the
Attorney General, the Director may establish a permanent police
force, to be known as the FBI police.
[[Page 116 STAT. 1831]]
``(2) Duties.--The FBI police shall perform such duties as
the Director may prescribe in connection with the protection of
persons and property within FBI buildings and grounds.
``(3) Uniformed representative.--The Director, or designated
representative duly authorized by the Attorney General, may
appoint uniformed representatives of the Federal Bureau of
Investigation as FBI police for duty in connection with the
policing of all FBI buildings and grounds.
``(4) Authority.--
``(A) In general.--In accordance with regulations
prescribed by the Director and approved by the Attorney
General, the FBI police may--
``(i) police the FBI buildings and grounds for
the purpose of protecting persons and property;
``(ii) in the performance of duties necessary
for carrying out subparagraph (A), make arrests
and otherwise enforce the laws of the United
States, including the laws of the District of
Columbia;
``(iii) carry firearms as may be required for
the performance of duties;
``(iv) prevent breaches of the peace and
suppress affrays and unlawful assemblies; and
``(v) hold the same powers as sheriffs and
constables when policing FBI buildings and
grounds.
``(B) Exception.--The authority and policing powers
of FBI police under this paragraph shall not include the
service of civil process.
``(5) Pay and benefits.--
``(A) In general.--The rates of basic pay, salary
schedule, pay provisions, and benefits for members of
the FBI police shall be equivalent to the rates of basic
pay, salary schedule, pay provisions, and benefits
applicable to members of the United States Secret
Service Uniformed Division.
``(B) Application.--Pay and benefits for the FBI
police under subparagraph (A)--
``(i) shall be established by regulation;
``(ii) shall apply with respect to pay periods
beginning after January 1, 2003; and
``(iii) shall not result in any decrease in
the rates of pay or benefits of any individual.
``(c) Authority of Metropolitan Police Force.--This section does not
affect the authority of the Metropolitan Police Force of the District of
Columbia with respect to FBI buildings and grounds.''.
(b) Conforming Amendment.--The table of sections at the beginning of
chapter 33 of title 28, United States Code, is amended by adding at the
end the following new item:
``540C. FBI police.''.
SEC. 11025. REPORT ON FBI INFORMATION MANAGEMENT AND TECHNOLOGY.
(a) In General.--Not <<NOTE: Deadline.>> later than 9 months after
the date of enactment of this Act, the Director of the Federal Bureau of
Investigation, with appropriate comments from other components of the
Department of Justice, shall submit to Congress a report on the
information management and technology programs of the Federal
[[Page 116 STAT. 1832]]
Bureau of Investigation including recommendations for any legislation
that may be necessary to enhance the effectiveness of those programs.
(b) Contents of Report.--The report submitted under subsection (a)
shall provide--
(1) an analysis and evaluation of whether authority for
waiver of any provision of procurement law (including any
regulation implementing such a law) is necessary to
expeditiously and cost-effectively acquire information
technology to meet the unique needs of the Federal Bureau of
Investigation to improve its investigative operations in order
to respond better to national law enforcement, intelligence, and
counterintelligence requirements;
(2) the results of the studies and audits conducted by the
Strategic Management Council and the Inspector General of the
Department of Justice to evaluate the information management and
technology programs of the Federal Bureau of Investigation,
including systems, policies, procedures, practices, and
operations; and
(3) a plan for improving the information management and
technology programs of the Federal Bureau of Investigation.
(c) Results.--The results provided under subsection (b)(2) shall
include an evaluation of--
(1) information technology procedures and practices
regarding procurement, training, and systems maintenance;
(2) record keeping policies, procedures, and practices of
the Federal Bureau of Investigation, focusing particularly on
how information is inputted, stored, managed, utilized, and
shared within the Federal Bureau of Investigation;
(3) how information in a given database is related or
compared to, or integrated with, information in other technology
databases within the Federal Bureau of Investigation;
(4) the effectiveness of the existing information technology
infrastructure of the Federal Bureau of Investigation in
supporting and accomplishing the overall mission of the Federal
Bureau of Investigation;
(5) the management of information technology projects of the
Federal Bureau of Investigation, focusing on how the Federal
Bureau of Investigation--
(A) selects its information technology projects;
(B) ensures that projects under development deliver
benefits; and
(C) ensures that completed projects deliver the
expected results; and
(6) the security and access control techniques for
classified and sensitive but unclassified information systems in
the Federal Bureau of Investigation.
(d) Contents of Plan.--The plan provided under subsection (b)(3)
shall include consideration of, among other things--
(1) to what extent appropriate key technology management
positions in the Federal Bureau of Investigation should be
filled by personnel with experience in the commercial sector;
(2) how access to the most sensitive information can be
audited in such a manner that suspicious activity is subject to
near contemporaneous security review;
[[Page 116 STAT. 1833]]
(3) how critical information systems can employ a public key
infrastructure to validate both users and recipients of messages
or records;
(4) how security features can be tested to meet national
information systems security standards;
(5) which employees in the Federal Bureau of Investigation
should receive instruction in records and information management
policies and procedures relevant to their positions and how
frequently they should receive that instruction;
(6) whether and to what extent a reserve should be
established for research and development to guide strategic
information management and technology investment decisions;
(7) whether administrative requirements for software
purchases under $2,000,000 are necessary and could be
eliminated;
(8) whether the Federal Bureau of Investigation should
contract with an expert technology partner to provide technical
support for the information technology procurement for the
Federal Bureau of Investigation;
(9) whether procedures should be implemented to permit
procurement of products and services through contracts of other
agencies, as necessary; and
(10) whether a systems integration and test center should be
established, with the participation of field personnel, to test
each series of information systems upgrades or application
changes before their operational deployment to confirm that they
meet proper requirements.
SEC. 11026. GAO REPORT ON CRIME STATISTICS REPORTING.
(a) In General.--Not <<NOTE: Deadline.>> later than 9 months after
the date of enactment of this Act, the Comptroller General of the United
States shall submit to the Committees on the Judiciary of the Senate and
the House of Representatives a report on the issue of how statistics are
reported and used by Federal law enforcement agencies.
(b) Contents.--The report submitted under subsection (a) shall--
(1) identify the current regulations, procedures, internal
policies, or other conditions that allow the investigation or
arrest of an individual to be claimed or reported by more than 1
Federal or State agency charged with law enforcement
responsibility;
(2) identify and examine the conditions that allow the
investigation or arrest of an individual to be claimed or
reported by the Offices of Inspectors General and any other
Federal agency charged with law enforcement responsibility;
(3) examine the statistics reported by Federal law
enforcement agencies, and document those instances in which more
than 1 agency, bureau, or office claimed or reported the same
investigation or arrest during the years 1998 through 2001;
(4) examine the issue of Federal agencies simultaneously
claiming arrest credit for in-custody situations that have
already occurred pursuant to a State or local agency arrest
situation during the years 1998 through 2001;
(5) examine the issue of how such statistics are used for
administrative and management purposes;
[[Page 116 STAT. 1834]]
(6) set forth a comprehensive definition of the terms
``investigation'' and ``arrest'' as those terms apply to Federal
agencies charged with law enforcement responsibilities; and
(7) include recommendations, that when implemented, would
eliminate unwarranted and duplicative reporting of investigation
and arrest statistics by all Federal agencies charged with law
enforcement responsibilities.
(c) Federal Agency Compliance.--Federal law enforcement agencies
shall comply with requests made by the General Accounting Office for
information that is necessary to assist in preparing the report required
by this section.
SEC. 11027. <<NOTE: Crime-Free Rural States Act of 2002.>> CRIME-FREE
RURAL STATES GRANTS.
(a) Short Title.--This <<NOTE: 42 USC 3711 note.>> section may be
cited as the ``Crime-Free Rural States Act of 2002''.
(b) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended, is amended by
inserting after part FF the following new part:
``PART GG--CRIME FREE RURAL STATE GRANTS
``SEC. 2985. <<NOTE: 42 USC 3797y.>> GRANT AUTHORITY.
``The Attorney General shall award grants to rural State criminal
justice agencies, Byrne agencies, or other agencies as designated by the
Governor of that State and approved by the Attorney General, to develop
rural States' capacity to assist local communities in the prevention and
reduction of crime, violence, and substance abuse.
``SEC. 2986. <<NOTE: 42 USC 3797y-1.>> USE OF FUNDS.
``(a) In General.--A capacity building grant shall be used to
develop a statewide strategic plan as described in section 2987 to
prevent and reduce crime, violence, and substance abuse.
``(b) Permissive Use.--A rural State may also use its grant to
provide training and technical assistance to communities and promote
innovation in the development of policies, technologies, and programs to
prevent and reduce crime.
``(c) Data Collection.--A rural State may use up to 5 percent of the
grant to assist grant recipients in collecting statewide data related to
the costs of crime, violence, and substance abuse for purposes of
supporting the statewide strategic plan.
``SEC. 2987. <<NOTE: 42 USC 3797y-2.>> STATEWIDE STRATEGIC PREVENTION
PLAN.
``(a) In General.--A statewide strategic prevention plan shall be
used by the rural State to assist local communities, both directly and
through existing State programs and services, in building comprehensive,
strategic, and innovative approaches to reducing crime, violence, and
substance abuse based on local conditions and needs.
``(b) Goals.--The plan must contain statewide long-term goals and
measurable annual objectives for reducing crime, violence, and substance
abuse.
``(c) Accountability.--The rural State shall be required to develop
and report in its plan relevant performance targets and measures for the
goals and objectives to track changes in crime, violence, and substance
abuse.
[[Page 116 STAT. 1835]]
``(d) Consultation.--The rural State shall form a State crime free
communities commission that includes representatives of State and local
government, and community leaders who will provide advice and
recommendations on relevant community goals and objectives, and
performance targets and measures.
``SEC. 2988. <<NOTE: 42 USC 3797y-3.>> REQUIREMENTS.
``(a) Training and Technical Assistance.--The rural State shall
provide training and technical assistance, including through such groups
as the National Crime Prevention Council, to assist local communities in
developing Crime Prevention Plans that reflect statewide strategic goals
and objectives, and performance targets and measures.
``(b) Reports.--The rural State shall provide a report on its
statewide strategic plan to the Attorney General, including information
about--
``(1) involvement of relevant State-level agencies to assist
communities in the development and implementation of their Crime
Prevention Plans;
``(2) support for local applications for Community Grants;
and
``(3) community progress toward reducing crime, violence,
and substance abuse.
``(c) Certification.--Beginning in the third year of the program,
States must certify that the local grantee's project funded under the
community grant is generally consistent with statewide strategic goals
and objectives, and performance targets and measures.
``SEC. 2989. <<NOTE: 42 USC 3797y-4.>> AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $10,000,000 to carry out
this part for each of fiscal years 2003, 2004, and 2005.''.
(c) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended by inserting after the matter relating to part FF the
following:
``Part GG--Crime Free Rural State Grants
``Sec. 2985. Grant authority.
``Sec. 2986. Use of funds.
``Sec. 2987. Statewide strategic prevention plan.
``Sec. 2988. Requirements.
``Sec. 2989. Authorization of appropriations.''.
SEC. 11028. <<NOTE: 15 USC 1226.>> MOTOR VEHICLE FRANCHISE CONTRACT
DISPUTE RESOLUTION PROCESS.
(a) Election of Arbitration.--
(1) Definitions.--For purposes of this subsection--
(A) the term ``motor vehicle'' has the meaning given
such term in section 30102(6) of title 49 of the United
States Code; and
(B) the term ``motor vehicle franchise contract''
means a contract under which a motor vehicle
manufacturer, importer, or distributor sells motor
vehicles to any other person for resale to an ultimate
purchaser and authorizes such other person to repair and
service the manufacturer's motor vehicles.
[[Page 116 STAT. 1836]]
(2) Consent required.--Notwithstanding any other provision
of law, whenever a motor vehicle franchise contract provides for
the use of arbitration to resolve a controversy arising out of
or relating to such contract, arbitration may be used to settle
such controversy only if after such controversy arises all
parties to such controversy consent in writing to use
arbitration to settle such controversy.
(3) Explanation required.--Notwithstanding any other
provision of law, whenever arbitration is elected to settle a
dispute under a motor vehicle franchise contract, the arbitrator
shall provide the parties to such contract with a written
explanation of the factual and legal basis for the award.
(b) Application.--Subsection (a) shall apply to contracts entered
into, amended, altered, modified, renewed, or extended after the date of
the enactment of this Act.
SEC. 11029. <<NOTE: 28 USC 95 note.>> HOLDING COURT FOR THE SOUTHERN
DISTRICT OF IOWA.
Notwithstanding any other provision of law, during the period
beginning on January 1, 2003, through July 1, 2005, the United States
District Court for the Southern District of Iowa may--
(1) with the consent of the parties in any case filed in the
Eastern Division or the Davenport Division of the Southern
District of Iowa, hold court on that case in Rock Island,
Illinois; and
(2) summon jurors from the Southern District of Iowa to
serve in any case described under paragraph (1).
SEC. 11030. <<NOTE: Posthumous Citizenship Restoration Act of
2002.>> POSTHUMOUS CITIZENSHIP RESTORATION.
(a) Short Title.--This <<NOTE: 8 USC 1101 note.>> section may be
cited as the ``Posthumous Citizenship Restoration Act of 2002''.
(b) Deadline Extension.--Section 329A(c)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1440-1(c)(1)(A)) is amended by striking
``this section,'' and inserting ``the Posthumous Citizenship Restoration
Act of 2002,''.
SEC. 11030A. EXTENSION OF H-1B STATUS FOR ALIENS WITH LENGTHY
ADJUDICATIONS.
(a) Exemption From Limitation.--Section 106(a) of American
Competitiveness in the Twenty-first Century Act of 2000 (8 U.S.C. 1184
note) is amended to read as follows:
``(a) Exemption From Limitation.--The limitation contained in
section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(4)) with respect to the duration of authorized stay shall not
apply to any nonimmigrant alien previously issued a visa or otherwise
provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such
Act (8 U.S.C.1101(a)(15)(H)(i)(b)), if 365 days or more have elapsed
since the filing of any of the following:
``(1) Any application for labor certification under section
212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)), in a case in
which certification is required or used by the alien to obtain
status under section 203(b) of such Act (8 U.S.C. 1153(b)).
``(2) A petition described in section 204(b) of such Act (3
U. S.C. 1154(b)) to accord the alien a status under section
203(b) of such Act.''.
(b) Extension of H-1B Worker Status.--Section 106(b) of American
Competitiveness in the Twenty-first Century Act of 2000 (8 U.S.C. 1184
note) is amended to read as follows:
[[Page 116 STAT. 1837]]
``(b) Extension of H-1B Worker Status.--The Attorney General shall
extend the stay of an alien who qualifies for an exemption under
subsection (a) in one-year increments until such time as a final
decision is made--
``(1) to deny the application described in subsection
(a)(1), or, in a case in which such application is granted, to
deny a petition described in subsection (a)(2) filed on behalf
of the alien pursuant to such grant;
``(2) to deny the petition described in subsection (a)(2);
or
``(3) to grant or deny the alien's application for an
immigrant visa or for adjustment of status to that of an alien
lawfully admitted for permanent residence.''.
SEC. 11030B. APPLICATION FOR NATURALIZATION BY ALTERNATIVE APPLICANT IF
CITIZEN PARENT HAS DIED.
Section 322(a) of the Immigration and Nationality Act (8 U.S.C.
1433(a)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``(or, if the citizen parent has
died during the preceding 5 years, a citizen grandparent
or citizen legal guardian)'' after ``citizen of the
United States''; and
(B) by striking ``such parent'' and inserting ``such
applicant'';
(2) in paragraph (1), by inserting ``(or, at the time of his
or her death, was)'' after ``parent'';
(3) in paragraph (2)--
(A) in subparagraph (A), by inserting ``(or, at the
time of his or her death, had)'' after ``has''; and
(B) in subparagraph (B), by inserting ``(or, at the
time of his or her death, had)'' after ``has'' the first
place such term appears;
(4) by amending paragraph (4), to read as follows:
``(4) The child is residing outside of the United States in
the legal and physical custody of the applicant (or, if the
citizen parent is deceased, an individual who does not object to
the application).''; and
(5) by adding at the end the following:
``(5) The child is temporarily present in the United States
pursuant to a lawful admission, and is maintaining such lawful
status.''.
Subtitle B--EB-5 Amendments
CHAPTER 1--IMMIGRATION BENEFITS
SEC. 11031. <<NOTE: 8 USC 1186b note.>> REMOVAL OF CONDITIONAL BASIS OF
PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN ENTREPRENEURS,
SPOUSES, AND CHILDREN.
(a) In General.--In lieu of the provisions of section 216A(c)(3) of
the Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)), subsection
(c) shall apply in the case of an eligible alien described in subsection
(b)(1).
(b) Eligible Aliens Described.--
(1) In general.--An alien is an eligible alien described in
this subsection if the alien--
[[Page 116 STAT. 1838]]
(A) filed, under section 204(a)(1)(H) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H))
(or any predecessor provision), a petition to accord the
alien a status under section 203(b)(5) of such Act (8
U.S.C. 1153(b)(5)) that was approved by the Attorney
General after January 1, 1995, and before August 31,
1998;
(B) pursuant to such approval, obtained the status
of an alien entrepreneur with permanent resident status
on a conditional basis described in section 216A of such
Act (8 U.S.C. 1186b); and
(C) timely filed, in accordance with section
216A(c)(1)(A) of such Act (8 U.S.C. 1186b(c)(1)(A)) and
before the date of the enactment of this Act, a petition
requesting the removal of such conditional basis.
(2) Reopening petitions previously denied.--
(A) In general.--In the case of a petition described
in paragraph (1)(C) that was denied under section
216A(c)(3)(C) of the Immigration and Nationality Act (8
U.S.C. 1186b(c)(3)(C)) before the date of the enactment
of this Act, upon a motion to reopen such petition filed
by the eligible alien not later than 60 days after such
date, the Attorney General shall make determinations on
such petition pursuant to subsection (c).
(B) Petitioners abroad.--In the case of such an
eligible alien who is no longer physically present in
the United States, the Attorney General shall establish
a process under which the alien may be paroled into the
United States if necessary in order to obtain the
determinations under subsection (c), unless the Attorney
General finds that--
(i) the alien is inadmissible or deportable on
any ground; or
(ii) the petition described in paragraph
(1)(C) was denied on the ground that it contains a
material misrepresentation in the facts and
information described in section 216A(d)(1) of the
Immigration and Nationality Act (8 U.S.C.
1186b(d)(1)) and alleged in the petition with
respect to a commercial enterprise.
(C) Deportation or removal proceedings.--In the case
of such an eligible alien who was placed in deportation
or removal proceedings by reason of the denial of the
petition described in paragraph (1)(C), a motion to
reopen filed under subparagraph (A) shall be treated as
a motion to reopen such proceedings. The Attorney
General shall grant such motion notwithstanding any time
and number limitations imposed by law on motions to
reopen such proceedings, except that the scope of any
proceeding reopened on this basis shall be limited to
whether any order of deportation or removal should be
vacated, and the alien granted the status of an alien
lawfully admitted for permanent residence
(unconditionally or on a conditional basis), by reason
of the determinations made under subsection (c). An
alien who is inadmissible or deportable on any ground
shall not be granted such status, except that this
prohibition shall not apply to an alien who has been
paroled into the United States under subparagraph (B).
[[Page 116 STAT. 1839]]
(c) Determinations on Petitions.--
(1) Initial determination.--
(A) In general.--With <<NOTE: Deadline.>> respect to
each eligible alien described in subsection (b)(1), the
Attorney General shall make a determination, not later
than 180 days after the date of the enactment of this
Act, whether--
(i) the petition described in subsection
(b)(1)(C) contains any material misrepresentation
in the facts and information described in section
216A(d)(1) of the Immigration and Nationality Act
(8 U.S.C. 1186b(d)(1)) and alleged in the petition
with respect to a commercial enterprise
(regardless of whether such enterprise is a
limited partnership and regardless of whether the
alien entered the enterprise after its formation);
(ii) subject to subparagraphs (B) and (C),
such enterprise created full-time jobs for not
fewer than 10 United States citizens or aliens
lawfully admitted for permanent residence or other
immigrants lawfully authorized to be employed in
the United States (other than the eligible alien
and the alien's spouse, sons, or daughters), and
those jobs exist or existed on any of the dates
described in subparagraph (D); and
(iii) on any of the dates described in
subparagraph (D), the alien is in substantial
compliance with the capital investment requirement
described in section 216A(d)(1)(B) of the
Immigration and Nationality Act (8 U.S.C.
1186b(d)(1)(B)).
(B) Investment under pilot immigration program.--For
purposes of subparagraph (A)(ii), an investment that
satisfies the requirements of section 610(c) of the
Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1153 note), as in effect on the date of the
enactment of this Act, shall be deemed to satisfy the
requirements of such subparagraph.
(C) Exception for troubled businesses.--In the case
of an eligible alien who has made a capital investment
in a troubled business (as defined in 8 CFR 204.6(e), as
in effect on the date of the enactment of this Act), in
lieu of the determination under subparagraph (A)(ii),
the Attorney General shall determine whether the number
of employees of the business, as measured on any of the
dates described in subparagraph (D), is at no less than
the pre-investment level.
(D) Dates.--The dates described in this subparagraph
are the following:
(i) The date on which the petition described
in subsection (b)(1)(C) is filed.
(ii) 6 months after the date described in
clause (i).
(iii) The date on which the determination
under subparagraph (A) or (C) is made.
(E) Removal of conditional basis if favorable
determination.--If the Attorney General renders an
affirmative determination with respect to clauses (ii)
and (iii) of subparagraph (A), and if the Attorney
General renders a negative determination with respect to
clause (i)
[[Page 116 STAT. 1840]]
of such subparagraph, the Attorney General shall so
notify the alien involved and shall remove the
conditional basis of the alien's status (and that of the
alien's spouse and children if it was obtained under
section 216A of the Immigration and Nationality Act (8
U.S.C. 1186b)) effective as of the second anniversary of
the alien's lawful admission for permanent residence.
(F) Requirements relating to adverse
determinations.--
(i) Notice.--If the Attorney General renders
an adverse determination with respect to clause
(i), (ii), or (iii) of subparagraph (A), the
Attorney General shall so notify the alien
involved. The notice shall be in writing and shall
state the factual basis for any adverse
determination. The Attorney General shall provide
the alien with an opportunity to submit evidence
to rebut any adverse determination. If the
Attorney General reverses all adverse
determinations pursuant to such rebuttal, the
Attorney General shall so notify the alien
involved and shall remove the conditional basis of
the alien's status (and that of the alien's spouse
and children if it was obtained under section 216A
of the Immigration and Nationality Act (8 U.S.C.
1186b)) effective as of the second anniversary of
the alien's lawful admission for permanent
residence.
(ii) Continuation of conditional basis if
certain adverse determinations.--If the Attorney
General renders an adverse determination with
respect to clause (ii) or (iii) of subparagraph
(A), and the eligible alien's rebuttal does not
cause the Attorney General to reverse such
determination, the Attorney General shall continue
the conditional basis of the alien's permanent
resident status (and that of the alien's spouse
and children if it was obtained under section 216A
of the Immigration and Nationality Act (8 U.S.C.
1186b)) for a 2-year period.
(iii) Termination if adverse determination.--
If the Attorney General renders an adverse
determination with respect to subparagraph (A)(i),
and the eligible alien's rebuttal does not cause
the Attorney General to reverse such
determination, the Attorney General shall so
notify the alien involved and, subject to
subsection (d), shall terminate the permanent
resident status of the alien (and that of the
alien's spouse and children if it was obtained on
a conditional basis under section 216A of the
Immigration and Nationality Act (8 U.S.C. 1186b)).
(iv) Administrative and judicial review.--An
alien may seek administrative review of an adverse
determination made under subparagraph (A) by
filing a petition for such review with the Board
of Immigration Appeals. If the Board of
Immigration Appeals denies the petition, the alien
may seek judicial review. The procedures for
judicial review under this clause shall be the
same as the procedures for judicial review of a
final order of removal under section 242(a)(1) of
the Immigration and Nationality Act (8 U.S.C.
[[Page 116 STAT. 1841]]
1252(a)(1)). During the period in which an
administrative or judicial appeal under this
clause is pending, the Attorney General shall
continue the conditional basis of the alien's
permanent resident status (and that of the alien's
spouse and children if it was obtained under
section 216A of the Immigration and Nationality
Act (8 U.S.C. 1186b)).
(2) Second determination.--
(A) Authorization to consider investments in other
commercial enterprises.--In determining under this
paragraph whether to remove a conditional basis
continued under paragraph (1)(F)(ii) with respect to an
alien, the Attorney General shall consider any capital
investment made by the alien in a commercial enterprise
(regardless of whether such enterprise is a limited
partnership and regardless of whether the alien entered
the enterprise after its formation), in the United
States, regardless of whether that investment was made
before or after the determinations under paragraph (1)
and regardless of whether the commercial enterprise is
the same as that considered in the determinations under
such paragraph, if facts and information with respect to
the investment and the enterprise are included in the
petition submitted under subparagraph (B).
(B) Petition.--In order for a conditional basis
continued under paragraph (1)(F)(ii) for an eligible
alien (and the alien's spouse and children) to be
removed, the alien must submit to the Attorney General,
during the period described in subparagraph (C), a
petition which requests the removal of such conditional
basis and which states, under penalty of perjury, the
facts and information described in subparagraphs (A) and
(B) of section 216A(d)(1) of the Immigration and
Nationality Act (8 U.S.C. 1186b(d)(1)) with respect to
any commercial enterprise (regardless of whether such
enterprise is a limited partnership and regardless of
whether the alien entered the enterprise after its
formation) which the alien desires to have considered
under this paragraph, regardless of whether such
enterprise was created before or after the
determinations made under paragraph (1).
(C) Period for filing petition.--
(i) 90-day period before second anniversary.--
Except as provided in clause (ii), the petition
under subparagraph (B) must be filed during the
90-day period before the second anniversary of the
continuation, under paragraph (1)(F)(ii), of the
conditional basis of the alien's lawful admission
for permanent residence.
(ii) Date petitions for good cause.--Such a
petition may be considered if filed after such
date, but only if the alien establishes to the
satisfaction of the Attorney General good cause
and extenuating circumstances for failure to file
the petition during the period described in clause
(i).
(D) Termination of permanent resident status for
failure to file petition.--
[[Page 116 STAT. 1842]]
(i) In general.--In the case of an alien with
permanent resident status on a conditional basis
under paragraph (1)(F)(ii), if no petition is
filed with respect to the alien in accordance with
subparagraph (B), the Attorney General shall
terminate the permanent resident status of the
alien (and the alien's spouse and children if it
was obtained on a conditional basis under section
216A of the Immigration and Nationality Act (8
U.S.C. 1186b)) as of the second anniversary of the
continuation, under paragraph (1)(F)(ii), of the
conditional basis of the alien's lawful admission
for permanent residence.
(ii) Hearing in removal proceeding.--In any
removal proceeding with respect to an alien whose
permanent resident status is terminated under
clause (i), the burden of proof shall be on the
alien to establish compliance with subparagraph
(B).
(E) Determinations after petition.--If a petition is
filed by an eligible alien in accordance with
subparagraph (B), the Attorney General shall make a
determination, within 90 days of the date of such
filing, whether--
(i) the petition contains any material
misrepresentation in the facts and information
alleged in the petition with respect to the
commercial enterprises included in such petition;
(ii) all such enterprises, considered
together, created full-time jobs for not fewer
than 10 United States citizens or aliens lawfully
admitted for permanent residence or other
immigrants lawfully authorized to be employed in
the United States (other than the eligible alien
and the alien's spouse, sons, or daughters), and
those jobs exist on the date on which the
determination is made, except that--
(I) this clause shall apply only if
the Attorney General made an adverse
determination with respect to the
eligible alien under paragraph
(1)(A)(ii);
(II) the provisions of subparagraphs
(B) and (C) of paragraph (1) shall apply
to a determination under this clause in
the same manner as they apply to a
determination under paragraph
(1)(A)(ii); and
(III) if the Attorney General
determined under paragraph (1)(A)(ii)
that any jobs satisfying the requirement
of such paragraph were created, the
number of those jobs shall be subtracted
from the number of jobs otherwise needed
to satisfy the requirement of this
clause; and
(iii) considering all such enterprises
together, on the date on which the determination
is made, the eligible alien is in substantial
compliance with the capital investment requirement
described in section 216A(d)(1)(B) of the
Immigration and Nationality Act (8 U.S.C.
1186b(d)(1)(B)), except that--
(I) this clause shall apply only if
the Attorney General made an adverse
determination with
[[Page 116 STAT. 1843]]
respect to the eligible alien under
paragraph (1)(A)(iii); and
(II) if the Attorney General
determined under paragraph (1)(A)(iii)
that any capital amount was invested
that could be credited towards
compliance with the capital investment
requirement described in section
216A(d)(1)(B) of the Immigration and
Nationality Act (8 U.S.C.
1186b(d)(1)(B)), such amount shall be
subtracted from the amount of capital
otherwise needed to satisfy the
requirement of this clause.
(F) Removal of conditional basis if favorable
determination.--If the Attorney General renders an
affirmative determination with respect to clauses (ii)
and (iii) of subparagraph (E), and if the Attorney
General renders a negative determination with respect to
clause (i) of such subparagraph, the Attorney General
shall so notify the alien involved and shall remove the
conditional basis of the alien's status (and that of the
alien's spouse and children if it was obtained under
section 216A of the Immigration and Nationality Act (8
U.S.C. 1186b)) effective as of the second anniversary of
the continuation, under paragraph (1)(F)(ii), of the
conditional basis of the alien's lawful admission for
permanent residence.
(G) Requirements relating to adverse
determinations.--
(i) Notice.--If the Attorney General renders
an adverse determination under subparagraph (E),
the Attorney General shall so notify the alien
involved. The notice shall be in writing and shall
state the factual basis for any adverse
determination. The Attorney General shall provide
the alien with an opportunity to submit evidence
to rebut any adverse determination. If the
Attorney General reverses all adverse
determinations pursuant to such rebuttal, the
Attorney General shall so notify the alien
involved and shall remove the conditional basis of
the alien's status (and that of the alien's spouse
and children if it was obtained under section 216A
of the Immigration and Nationality Act (8 U.S.C.
1186b)) effective as of the second anniversary of
the continuation, under paragraph (1)(F)(ii), of
the conditional basis of the alien's lawful
admission for permanent residence.
(ii) Termination if adverse determination.--If
the eligible alien's rebuttal does not cause the
Attorney General to reverse each adverse
determination under subparagraph (E), the Attorney
General shall so notify the alien involved and,
subject to subsection (d), shall terminate the
permanent resident status of the alien (and that
of the alien's spouse and children if it was
obtained on a conditional basis under section 216A
of the Immigration and Nationality Act (8 U.S.C.
1186b)).
(d) Hearing in Removal Proceeding.--Any alien whose permanent
resident status is terminated under paragraph (1)(F)(iii)
[[Page 116 STAT. 1844]]
or (2)(G)(ii) of subsection (c) may request a review of such
determination in a proceeding to remove the alien. In such proceeding,
the burden of proof shall be on the Attorney General.
(e) Clarification With Respect to Children.--In the case of an alien
who obtained the status of an alien lawfully admitted for permanent
residence on a conditional basis before the date of the enactment of
this Act by virtue of being the child of an eligible alien described in
subsection (b)(1), the alien shall be considered to be a child for
purposes of this section regardless of any change in age or marital
status after obtaining such status.
(f) Definition of Full-Time.--For purposes of this section, the term
``full-time'' means a position that requires at least 35 hours of
service per week at any time, regardless of who fills the position.
SEC. 11032. <<NOTE: 8 USC 1186b note.>> CONDITIONAL PERMANENT RESIDENT
STATUS FOR CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND
CHILDREN.
(a) In General.--With respect to each eligible alien described in
subsection (b), the Attorney General or the Secretary of State shall
approve the application described in subsection (b)(2) and grant the
alien (and any spouse or child of the alien, if the spouse or child is
eligible to receive a visa under section 203(d) of the Immigration and
Nationality Act (8 U.S.C. 1153(d))) the status of an alien lawfully
admitted for permanent residence on a conditional basis under section
216A of such Act (8 U.S.C. 1186b). Such application shall be approved
not later than 180 days after the date of the enactment of this Act.
(b) Eligible Aliens Described.--An alien is an eligible alien
described in this subsection if the alien--
(1) filed, under section 204(a)(1)(H) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor
provision), a petition to accord the alien a status under
section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) that was
approved by the Attorney General after January 1, 1995, and
before August 31, 1998;
(2) pursuant to such approval, timely filed before the date
of the enactment of this Act an application for adjustment of
status under section 245 of such Act (8 U.S.C. 1255) or an
application for an immigrant visa under section 203(b)(5) of
such Act (8 U.S.C. 1153(b)(5)); and
(3) is not inadmissible or deportable on any ground.
(c) Treatment of Certain Applications.--
(1) Revocation of approval of petitions.--If the Attorney
General revoked the approval of a petition described in
subsection (b)(1), such revocation shall be disregarded for
purposes of this section if it was based on a determination that
the alien failed to satisfy section 203(b)(5)(A)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)).
(2) Applications no longer pending.--
(A) In general.--If an application described in
subsection (b)(2) is not pending on the date of the
enactment of this Act, the Attorney General shall
disregard the circumstances leading to such lack of
pendency and treat it as reopened, if such lack of
pendency is due to a determination that the alien--
[[Page 116 STAT. 1845]]
(i) failed to satisfy section 203(b)(5)(A)(ii)
of the Immigration and Nationality Act (8 U.S.C.
1153(b)(5)(A)(ii)); or
(ii) departed the United States without
advance parole.
(B) Applicants abroad.--In the case of an eligible
alien who filed an application for adjustment of status
described in subsection (b)(2), but who is no longer
physically present in the United States, the Attorney
General shall establish a process under which the alien
may be paroled into the United States if necessary in
order to obtain adjustment of status under this section.
(d) Recordation of Date; Reduction of Numbers.--Upon the approval of
an application under subsection (a), the Attorney General shall record
the alien's lawful admission for permanent residence on a conditional
basis as of the date of such approval and the Secretary of State shall
reduce by one the number of visas authorized to be issued under sections
201(d) and 203(b)(5) of the Immigration and Nationality Act (8 U.S.C.
1151(d) and 1153(b)(5)) for the fiscal year then current.
(e) Removal of Conditional Basis.--
(1) Petition.--In order for a conditional basis established
under this section for an alien (and the alien's spouse and
children) to be removed, the alien must satisfy the requirements
of section 216A(c)(1) of the Immigration and Nationality Act (8
U.S.C. 1186b(c)(1)), including the submission of a petition in
accordance with subparagraph (A) of such section. Such petition
may include the facts and information described in subparagraphs
(A) and (B) of section 216A(d)(1) of the Immigration and
Nationality Act (8 U.S.C. 1186b(d)(1)) with respect to any
commercial enterprise (regardless of whether such enterprise is
a limited partnership and regardless of whether the alien
entered the enterprise after its formation) in the United States
in which the alien has made a capital investment at any time.
(2) Determination.--In <<NOTE: Deadline.>> carrying out
section 216A(c)(3) of the Immigration and Nationality Act (8
U.S.C. 1186b(c)(3)) with respect to an alien described in
paragraph (1), the Attorney General, in lieu of the
determination described in such section 216A(c)(3), shall make a
determination, within 90 days of the date of such filing,
whether--
(A) the petition described in paragraph (1) contains
any material misrepresentation in the facts and
information alleged in the petition with respect to the
commercial enterprises included in the petition;
(B) subject to subparagraphs (B) and (C) of section
11031(c)(1), all such enterprises, considered together,
created full-time jobs for not fewer than 10 United
States citizens or aliens lawfully admitted for
permanent residence or other immigrants lawfully
authorized to be employed in the United States (other
than the alien and the alien's spouse, sons, or
daughters), and those jobs exist or existed on either of
the dates described in paragraph (3); and
(C) considering the alien's investments in such
enterprises on either of the dates described in
paragraph (3), or on both such dates, the alien is or
was in substantial compliance with the capital
investment requirement
[[Page 116 STAT. 1846]]
described in section 216A(d)(1)(B) of the Immigration
and Nationality Act (8 U.S.C. 1186b(d)(1)(B)).
(3) Dates.--The dates described in this paragraph are the
following:
(A) The date on which the application described in
subsection (b)(2) was filed.
(B) The date on which the determination under
paragraph (2) is made.
(f) Clarification With Respect to Children.--In the case of an alien
who was a child on the date on which the application described in
subsection (b)(2) was filed, the alien shall be considered to be a child
for purposes of this section regardless of any change in age or marital
status after such date.
SEC. 11033. <<NOTE: 8 USC 1186b note.>> REGULATIONS.
The <<NOTE: Deadline.>> Immigration and Naturalization Service shall
promulgate regulations to implement this chapter not later than 120 days
after the date of enactment of this Act. Until such regulations are
promulgated, the Attorney General shall not deny a petition filed or
pending under section 216A(c)(1)(A) of the Immigration and Nationality
Act (8 U.S.C. 1186b(c)(1)(A)) that relates to an eligible alien
described in section 11031, or on an application filed or pending under
section 245 of such Act (8 U.S.C. 1255) that relates to an eligible
alien described in section 11032. Until such regulations are
promulgated, the Attorney General shall not initiate or proceed with
removal proceedings under section 240 of the Immigration and Nationality
Act (8 U.S.C. 1229a) that relate to an eligible alien described in
section 11031 or 11032.
SEC. 11034. <<NOTE: 8 USC 1186b note.>> DEFINITIONS.
Except as otherwise provided, the terms used in this chapter shall
have the meaning given such terms in section 101(b) of the Immigration
and Nationality Act (8 U.S.C. 1101(b)).
CHAPTER 2--AMENDMENTS TO OTHER LAWS
SEC. 11035. DEFINITION OF ``FULL-TIME EMPLOYMENT''.
Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C.
1153(b)(5)) is amended by adding at the end the following:
``(D) Full-time employment defined.--In this
paragraph, the term `full-time employment' means
employment in a position that requires at least 35 hours
of service per week at any time, regardless of who fills
the position.''.
SEC. 11036. ELIMINATING ENTERPRISE ESTABLISHMENT REQUIREMENT FOR ALIEN
ENTREPRENEURS.
(a) Preference Allocation for Employment Creation.--Section
203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5))
is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``enterprise--'' and inserting ``enterprise (including a
limited partnership)--'';
(B) by striking clause (i); and
(C) by redesignating clauses (ii) and (iii) as
clauses (i) and (ii), respectively; and
(2) in subparagraph (B)(i), by striking ``establish'' and
inserting ``invest in''.
[[Page 116 STAT. 1847]]
(b) Conditional Permanent Resident Status for Alien Entrepreneurs,
Spouses, and Children.--Section 216A of the Immigration and Nationality
Act (8 U.S.C. 1186b) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A) by striking ``establishment
of'' and inserting ``investment in''; and
(B) by amending subparagraph (B) to read as follows:
``(B)(i) the alien did not invest, or was not
actively in the process of investing, the requisite
capital; or
``(ii) the alien was not sustaining the actions
described in clause (i) throughout the period of the
alien's residence in the United States; or'';
(2) by amending subsection (d)(1) to read as follows:
``(1) Contents of petition.--Each petition under subsection
(c)(1)(A) shall contain facts and information demonstrating that
the alien--
``(A)(i) invested, or is actively in the process of
investing, the requisite capital; and
``(ii) sustained the actions described in clause (i)
throughout the period of the alien's residence in the
United States; and
``(B) is otherwise conforming to the requirements of
section 203(b)(5).''; and
(3) by adding at the end of subsection (f) the following:
``(3) The term `commercial enterprise' includes a limited
partnership.''.
(c) Effective Date.--The <<NOTE: 8 USC 1153 note.>> amendments made
by this section shall take effect on the date of the enactment of this
Act and shall apply to aliens having any of the following petitions
pending on or after the date of the enactment of this Act:
(1) A petition under section 204(a)(1)(H) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor
provision), with respect to status under section 203(b)(5) of
such Act (8 U.S.C. 1153(b)(5)).
(2) A petition under section 216A(c)(1)(A) of such Act (8
U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an
alien's permanent resident status.
SEC. 11037. AMENDMENTS TO PILOT IMMIGRATION PROGRAM FOR REGIONAL CENTERS
TO PROMOTE ECONOMIC GROWTH.
(a) Purpose of Program.--Section 610(a) of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1153 note), is amended--
(1) by inserting after ``regional center in the United
States'' the following: ``, designated by the Attorney General
on the basis of a general proposal,'';
(2) by striking ``and increased domestic'' and inserting
``or increased domestic''; and
(3) by adding at the end the following:
``A regional center shall have jurisdiction over a limited geographic
area, which shall be described in the proposal and consistent with the
purpose of concentrating pooled investment in defined economic zones.
The establishment of a regional center may be based on general
predictions, contained in the proposal, concerning the kinds of
commercial enterprises that will receive capital from aliens, the jobs
that will be created directly or indirectly as a result
[[Page 116 STAT. 1848]]
of such capital investments, and the other positive economic effects
such capital investments will have.''.
(b) Effective Date.--The <<NOTE: 8 USC 1153 note.>> amendments made
by this section shall take effect on the date of the enactment of this
Act and shall apply to--
(1) any proposal for a regional center pending before the
Attorney General (whether for an initial decision or on appeal)
on or after the date of the enactment of this Act; and
(2) any of the following petitions, if filed on or after the
date of the enactment of this Act:
(A) A petition under section 204(a)(1)(H) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H))
(or any predecessor provision)(or any predecessor
provision), with respect to status under section
203(b)(5) of such Act (8 U.S.C. 1153(b)(5)).
(B) A petition under section 216A(c)(1)(A) of such
Act (8 U.S.C. 1186b(c)(1)(A)) to remove the conditional
basis of an alien's permanent resident status.
Subtitle C--Judicial <<NOTE: Judicial Improvements Act of
2002.>> Improvements Act of 2002
SEC. 11041. <<NOTE: 28 USC 1 note.>> SHORT TITLE.
This subtitle may be cited as the ``Judicial Improvements Act of
2002''.
SEC. 11042. JUDICIAL DISCIPLINE PROCEDURES.
(a) In General.--Part I of title 28, United States Code, is amended
by inserting after chapter 15 the following new chapter:
``CHAPTER 16--COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE
``Sec.
``351. Complaints; judge defined.
``352. Review of complaint by chief judge.
``353. Special committees.
``354. Action by judicial council.
``355. Action by Judicial Conference.
``356. Subpoena power.
``357. Review of orders and actions.
``358. Rules.
``359. Restrictions.
``360. Disclosure of information.
``361. Reimbursement of expenses.
``362. Other provisions and rules not affected.
``363. Court of Federal Claims, Court of International Trade, Court of
Appeals for the Federal Circuit.
``364. Effect of felony conviction.
``Sec. 351. Complaints; judge defined
``(a) Filing of Complaint by Any Person.--Any person alleging that a
judge has engaged in conduct prejudicial to the effective and
expeditious administration of the business of the courts, or alleging
that such judge is unable to discharge all the duties of office by
reason of mental or physical disability, may file with the clerk of the
court of appeals for the circuit a written complaint containing a brief
statement of the facts constituting such conduct.
[[Page 116 STAT. 1849]]
``(b) Identifying Complaint by Chief Judge.--In the interests of the
effective and expeditious administration of the business of the courts
and on the basis of information available to the chief judge of the
circuit, the chief judge may, by written order stating reasons therefor,
identify a complaint for purposes of this chapter and thereby dispense
with filing of a written complaint.
``(c) Transmittal of Complaint.--Upon receipt of a complaint filed
under subsection (a), the clerk shall promptly transmit the complaint to
the chief judge of the circuit, or, if the conduct complained of is that
of the chief judge, to that circuit judge in regular active service next
senior in date of commission (hereafter, for purposes of this chapter
only, included in the term `chief judge'). The clerk shall
simultaneously transmit a copy of the complaint to the judge whose
conduct is the subject of the complaint. The clerk shall also transmit a
copy of any complaint identified under subsection (b) to the judge whose
conduct is the subject of the complaint.
``(d) Definitions.--In this chapter--
``(1) the term `judge' means a circuit judge, district
judge, bankruptcy judge, or magistrate judge; and
``(2) the term `complainant' means the person filing a
complaint under subsection (a) of this section.
``Sec. 352. Review of complaint by chief judge
``(a) Expeditious Review; Limited Inquiry.--The chief judge shall
expeditiously review any complaint received under section 351(a) or
identified under section 351(b). In determining what action to take, the
chief judge may conduct a limited inquiry for the purpose of
determining--
``(1) whether appropriate corrective action has been or can
be taken without the necessity for a formal investigation; and
``(2) whether the facts stated in the complaint are either
plainly untrue or are incapable of being established through
investigation.
For this purpose, the chief judge may request the judge whose conduct is
complained of to file a written response to the complaint. Such response
shall not be made available to the complainant unless authorized by the
judge filing the response. The chief judge or his or her designee may
also communicate orally or in writing with the complainant, the judge
whose conduct is complained of, and any other person who may have
knowledge of the matter, and may review any transcripts or other
relevant documents. The chief judge shall not undertake to make findings
of fact about any matter that is reasonably in dispute.
``(b) Action by Chief Judge Following Review.--After expeditiously
reviewing a complaint under subsection (a), the chief judge, by written
order stating his or her reasons, may--
``(1) dismiss the complaint--
``(A) if the chief judge finds the complaint to be--
``(i) not in conformity with section 351(a);
``(ii) directly related to the merits of a
decision or procedural ruling; or
``(iii) frivolous, lacking sufficient evidence
to raise an inference that misconduct has
occurred, or containing allegations which are
incapable of being established through
investigation; or
[[Page 116 STAT. 1850]]
``(B) when a limited inquiry conducted under
subsection (a) demonstrates that the allegations in the
complaint lack any factual foundation or are
conclusively refuted by objective evidence; or
``(2) conclude the proceeding if the chief judge finds that
appropriate corrective action has been taken or that action on
the complaint is no longer necessary because of intervening
events.
The chief judge shall transmit copies of the written order to the
complainant and to the judge whose conduct is the subject of the
complaint.
``(c) Review of Orders of Chief Judge.--A complainant or judge
aggrieved by a final order of the chief judge under this section may
petition the judicial council of the circuit for review thereof. The
denial of a petition for review of the chief judge's order shall be
final and conclusive and shall not be judicially reviewable on appeal or
otherwise.
``(d) Referral of Petitions for Review to Panels of the Judicial
Council.--Each judicial council may, pursuant to rules prescribed under
section 358, refer a petition for review filed under subsection (c) to a
panel of no fewer than 5 members of the council, at least 2 of whom
shall be district judges.
``Sec. 353. Special committees
``(a) Appointment.--If the chief judge does not enter an order under
section 352(b), the chief judge shall promptly--
``(1) appoint himself or herself and equal numbers of
circuit and district judges of the circuit to a special
committee to investigate the facts and allegations contained in
the complaint;
``(2) certify the complaint and any other documents
pertaining thereto to each member of such committee; and
``(3) provide written notice to the complainant and the
judge whose conduct is the subject of the complaint of the
action taken under this subsection.
``(b) Change in Status or Death of Judges.--A judge appointed to a
special committee under subsection (a) may continue to serve on that
committee after becoming a senior judge or, in the case of the chief
judge of the circuit, after his or her term as chief judge terminates
under subsection (a)(3) or (c) of section 45. If a judge appointed to a
committee under subsection (a) dies, or retires from office under
section 371(a), while serving on the committee, the chief judge of the
circuit may appoint another circuit or district judge, as the case may
be, to the committee.
``(c) Investigation by <<NOTE: Reports.>> Special Committee.--Each
committee appointed under subsection (a) shall conduct an investigation
as extensive as it considers necessary, and shall expeditiously file a
comprehensive written report thereon with the judicial council of the
circuit. Such report shall present both the findings of the
investigation and the committee's recommendations for necessary and
appropriate action by the judicial council of the circuit.
``Sec. 354. Action by judicial council
``(a) Actions Upon Receipt of Report.--
``(1) Actions.--The judicial council of a circuit, upon
receipt of a report filed under section 353(c)--
``(A) may conduct any additional investigation which
it considers to be necessary;
[[Page 116 STAT. 1851]]
``(B) may dismiss the complaint; and
``(C) if the complaint is not dismissed, shall take
such action as is appropriate to assure the effective
and expeditious administration of the business of the
courts within the circuit.
``(2) Description of possible actions if complaint not
dismissed.--
``(A) In general.--Action by the judicial council
under paragraph (1)(C) may include--
``(i) ordering that, on a temporary basis for
a time certain, no further cases be assigned to
the judge whose conduct is the subject of a
complaint;
``(ii) censuring or reprimanding such judge by
means of private communication; and
``(iii) censuring or reprimanding such judge
by means of public announcement.
``(B) For article iii judges.--If the conduct of a
judge appointed to hold office during good behavior is
the subject of the complaint, action by the judicial
council under paragraph (1)(C) may include--
``(i) certifying disability of the judge
pursuant to the procedures and standards provided
under section 372(b); and
``(ii) requesting that the judge voluntarily
retire, with the provision that the length of
service requirements under section 371 of this
title shall not apply.
``(C) For magistrate judges.--If the conduct of a
magistrate judge is the subject of the complaint, action
by the judicial council under paragraph (1)(C) may
include directing the chief judge of the district of the
magistrate judge to take such action as the judicial
council considers appropriate.
``(3) Limitations on judicial council regarding removals.--
``(A) Article iii judges.--Under no circumstances
may the judicial council order removal from office of
any judge appointed to hold office during good behavior.
``(B) Magistrate and bankruptcy judges.--Any removal
of a magistrate judge under this subsection shall be in
accordance with section 631 and any removal of a
bankruptcy judge shall be in accordance with section
152.
``(4) Notice of action to judge.--The judicial council shall
immediately provide written notice to the complainant and to the
judge whose conduct is the subject of the complaint of the
action taken under this subsection.
``(b) Referral to Judicial Conference.--
``(1) In general.--In addition to the authority granted
under subsection (a), the judicial council may, in its
discretion, refer any complaint under section 351, together with
the record of any associated proceedings and its recommendations
for appropriate action, to the Judicial Conference of the United
States.
``(2) Special circumstances.--In any case in which the
judicial council determines, on the basis of a complaint and an
investigation under this chapter, or on the basis of information
otherwise available to the judicial council, that a judge
[[Page 116 STAT. 1852]]
appointed to hold office during good behavior may have engaged
in conduct--
``(A) which might constitute one or more grounds for
impeachment under article II of the Constitution, or
``(B) which, in the interest of justice, is not
amenable to resolution by the judicial council,
the judicial council shall promptly certify such determination,
together with any complaint and a record of any associated
proceedings, to the Judicial Conference of the United States.
``(3) Notice to complainant and judge.--A judicial council
acting under authority of this subsection shall, unless contrary
to the interests of justice, immediately submit written notice
to the complainant and to the judge whose conduct is the subject
of the action taken under this subsection.
``Sec. 355. Action by Judicial Conference
``(a) In General.--Upon referral or certification of any matter
under section 354(b), the Judicial Conference, after consideration of
the prior proceedings and such additional investigation as it considers
appropriate, shall by majority vote take such action, as described in
section 354(a)(1)(C) and (2), as it considers appropriate.
``(b) If Impeachment Warranted.--
``(1) In general.--If the Judicial Conference concurs in the
determination of the judicial council, or makes its own
determination, that consideration of impeachment may be
warranted, it shall so certify and transmit the determination
and the record of proceedings to the House of Representatives
for whatever action the House of Representatives considers to be
necessary. Upon receipt of the determination and record of
proceedings in the House of Representatives, the Clerk of the
House of Representatives shall make available to the public the
determination and any reasons for the determination.
``(2) In case of felony conviction.--If a judge has been
convicted of a felony under State or Federal law and has
exhausted all means of obtaining direct review of the
conviction, or the time for seeking further direct review of the
conviction has passed and no such review has been sought, the
Judicial Conference may, by majority vote and without referral
or certification under section 354(b), transmit to the House of
Representatives a determination that consideration of
impeachment may be warranted, together with appropriate court
records, for whatever action the House of Representatives
considers to be necessary.
``Sec. 356. Subpoena power
``(a) Judicial Councils and Special Committees.--In conducting any
investigation under this chapter, the judicial council, or a special
committee appointed under section 353, shall have full subpoena powers
as provided in section 332(d).
``(b) Judicial Conference and Standing Committees.--In conducting
any investigation under this chapter, the Judicial Conference, or a
standing committee appointed by the Chief Justice under section 331,
shall have full subpoena powers as provided in that section.
[[Page 116 STAT. 1853]]
``Sec. 357. Review of orders and actions
``(a) Review of Action of Judicial Council.--A complainant or judge
aggrieved by an action of the judicial council under section 354 may
petition the Judicial Conference of the United States for review
thereof.
``(b) Action of Judicial Conference.--The Judicial Conference, or
the standing committee established under section 331, may grant a
petition filed by a complainant or judge under subsection (a).
``(c) No Judicial Review.--Except as expressly provided in this
section and section 352(c), all orders and determinations, including
denials of petitions for review, shall be final and conclusive and shall
not be judicially reviewable on appeal or otherwise.
``Sec. 358. Rules
``(a) In General.--Each judicial council and the Judicial Conference
may prescribe such rules for the conduct of proceedings under this
chapter, including the processing of petitions for review, as each
considers to be appropriate.
``(b) Required Provisions.--Rules prescribed under subsection (a)
shall contain provisions requiring that--
``(1) adequate prior notice of any investigation be given in
writing to the judge whose conduct is the subject of a complaint
under this chapter;
``(2) the judge whose conduct is the subject of a complaint
under this chapter be afforded an opportunity to appear (in
person or by counsel) at proceedings conducted by the
investigating panel, to present oral and documentary evidence,
to compel the attendance of witnesses or the production of
documents, to cross-examine witnesses, and to present argument
orally or in writing; and
``(3) the complainant be afforded an opportunity to appear
at proceedings conducted by the investigating panel, if the
panel concludes that the complainant could offer substantial
information.
``(c) Procedures.--Any <<NOTE: Notice.>> rule prescribed under this
section shall be made or amended only after giving appropriate public
notice and an opportunity for comment. Any such rule shall be a matter
of public record, and any such rule promulgated by a judicial council
may be modified by the Judicial Conference. No rule promulgated under
this section may limit the period of time within which a person may file
a complaint under this chapter.
``Sec. 359. Restrictions
``(a) Restriction on Individuals Who Are Subject of Investigation.--
No judge whose conduct is the subject of an investigation under this
chapter shall serve upon a special committee appointed under section
353, upon a judicial council, upon the Judicial Conference, or upon the
standing committee established under section 331, until all proceedings
under this chapter relating to such investigation have been finally
terminated.
``(b) Amicus Curiae.--No person shall be granted the right to
intervene or to appear as amicus curiae in any proceeding before a
judicial council or the Judicial Conference under this chapter.
[[Page 116 STAT. 1854]]
``Sec. 360. Disclosure of information
``(a) Confidentiality of Proceedings.--Except as provided in section
355, all papers, documents, and records of proceedings related to
investigations conducted under this chapter shall be confidential and
shall not be disclosed by any person in any proceeding except to the
extent that--
``(1) the judicial council of the circuit in its discretion
releases a copy of a report of a special committee under section
353(c) to the complainant whose complaint initiated the
investigation by that special committee and to the judge whose
conduct is the subject of the complaint;
``(2) the judicial council of the circuit, the Judicial
Conference of the United States, or the Senate or the House of
Representatives by resolution, releases any such material which
is believed necessary to an impeachment investigation or trial
of a judge under article I of the Constitution; or
``(3) such disclosure is authorized in writing by the judge
who is the subject of the complaint and by the chief judge of
the circuit, the Chief Justice, or the chairman of the standing
committee established under section 331.
``(b) Public Availability of Written Orders.--Each written order to
implement any action under section 354(a)(1)(C), which is issued by a
judicial council, the Judicial Conference, or the standing committee
established under section 331, shall be made available to the public
through the appropriate clerk's office of the court of appeals for the
circuit. Unless contrary to the interests of justice, each such order
shall be accompanied by written reasons therefor.
``Sec. 361. Reimbursement of expenses
``Upon the request of a judge whose conduct is the subject of a
complaint under this chapter, the judicial council may, if the complaint
has been finally dismissed under section 354(a)(1)(B), recommend that
the Director of the Administrative Office of the United States Courts
award reimbursement, from funds appropriated to the Federal judiciary,
for those reasonable expenses, including attorneys' fees, incurred by
that judge during the investigation which would not have been incurred
but for the requirements of this chapter.
``Sec. 362. Other provisions and rules not affected
``Except as expressly provided in this chapter, nothing in this
chapter shall be construed to affect any other provision of this title,
the Federal Rules of Civil Procedure, the Federal Rules of Criminal
Procedure, the Federal Rules of Appellate Procedure, or the Federal
Rules of Evidence.
``Sec. 363. Court of Federal Claims, Court of International Trade, Court
of Appeals for the Federal Circuit
``The United States Court of Federal Claims, the Court of
International Trade, and the Court of Appeals for the Federal Circuit
shall each prescribe rules, consistent with the provisions of this
chapter, establishing procedures for the filing of complaints with
respect to the conduct of any judge of such court and for the
investigation and resolution of such complaints. In investigating and
taking action with respect to any such complaint, each such
[[Page 116 STAT. 1855]]
court shall have the powers granted to a judicial council under this
chapter.
``Sec. 364. Effect of felony conviction
``In the case of any judge or judge of a court referred to in
section 363 who is convicted of a felony under State or Federal law and
has exhausted all means of obtaining direct review of the conviction, or
the time for seeking further direct review of the conviction has passed
and no such review has been sought, the following shall apply:
``(1) The judge shall not hear or decide cases unless the
judicial council of the circuit (or, in the case of a judge of a
court referred to in section 363, that court) determines
otherwise.
``(2) Any service as such judge or judge of a court referred
to in section 363, after the conviction is final and all time
for filing appeals thereof has expired, shall not be included
for purposes of determining years of service under section
371(c), 377, or 178 of this title or creditable service under
subchapter III of chapter 83, or chapter 84, of title 5.''.
(b) Conforming Amendment.--The table of chapters for part I of title
28, United States Code, is amended by inserting after the item relating
to chapter 15 the following new item:
``16. Complaints against judges and judicial discipline...........351''.
SEC. 11043. TECHNICAL AMENDMENTS.
(a) Retirement for Disability.--(1) Section 372 of title 28, United
States Code, is amended--
(A) in the section caption by striking ``; judicial
discipline''; and
(B) by striking subsection (c).
(2) The item relating to section 372 in the table of sections for
chapter 17 of title 28, United States Code, is amended by striking ``;
judicial discipline''.
(b) Judicial Conference.--Section 331 of title 28, United States
Code, is amended in the fourth undesignated paragraph by striking
``section 372(c)'' each place it appears and inserting ``chapter 16''.
(c) Judicial Councils.--Section 332 of title 28, United States Code,
is amended--
(1) in subsection (d)(2)--
(A) by striking ``section 372(c) of this title'' and
inserting ``chapter 16 of this title''; and
(B) by striking ``372(c)(4)'' and inserting ``353'';
and
(2) by striking the second subsection designated as
subsection (h).
(d) Recall of Bankruptcy Judges and Magistrate Judges.--Section
375(d) of title 28, United States Code, is amended by striking ``section
372(c)'' and inserting ``chapter 16''.
(e) Director of the Administrative Office of the United States
Courts.--Section 604 of title 28, United States Code, is amended--
(1) in subsection (a)(20)--
(A) in subparagraph (B), by striking ``372(c)(11)''
and inserting ``358''; and
(B) in subparagraph (C), by striking ``372(c)(15)''
and inserting ``360(b)''; and
[[Page 116 STAT. 1856]]
(2) in subsection (h)--
(A) in paragraph (1), by striking ``section 372''
each place it appears and inserting ``chapter 16''; and
(B) in paragraph (2), by striking ``section 372(c)''
and inserting ``chapter 16''.
(f) Court of Appeals for Veterans Claims.--Section 7253(g) of title
38, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``section 372(c)'' and inserting
``chapter 16''; and
(B) by striking ``such section'' and inserting
``such chapter'';
(2) in paragraph (2)--
(A) in the first sentence, by striking ``paragraphs
(7) through (15) of section 372(c)'' and inserting
``sections 354(b) through 360''; and
(B) in the second sentence, by striking ``paragraph
(7) or (8) of section 372(c)'' and inserting ``section
354(b) or 355''; and
(3) in paragraph (3)(B), by striking ``372(c)(16)'' and
inserting ``361''.
SEC. 11044. <<NOTE: 28 USC 351 note.>> SEVERABILITY.
If any provision of this subtitle, an amendment made by this
subtitle, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this subtitle, the amendments made by this subtitle, and the application
of the provisions of such to any person or circumstance shall not be
affected thereby.
Subtitle D--Antitrust <<NOTE: Antitrust Modernization Commission Act of
2002.>> Modernization Commission Act of 2002
SEC. 11051. <<NOTE: 15 USC 1 note.>> SHORT TITLE.
This subtitle may be cited as the ``Antitrust Modernization
Commission Act of 2002''.
SEC. 11052. ESTABLISHMENT.
There is established the Antitrust Modernization Commission (in this
subtitle referred to as the ``Commission'').
SEC. 11053. DUTIES OF THE COMMISSION.
The duties of the Commission are--
(1) to examine whether the need exists to modernize the
antitrust laws and to identify and study related issues;
(2) to solicit views of all parties concerned with the
operation of the antitrust laws;
(3) to evaluate the advisability of proposals and current
arrangements with respect to any issues so identified; and
(4) to prepare and to submit to Congress and the President a
report in accordance with section 11058.
SEC. 11054. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 12
members appointed as follows:
(1) <<NOTE: President.>> Four members, no more than 2 of
whom shall be of the same political party, shall be appointed by
the President.
[[Page 116 STAT. 1857]]
The President shall appoint members of the opposing party only
on the recommendation of the leaders of Congress from that
party.
(2) Two members shall be appointed by the majority leader of
the Senate.
(3) Two members shall be appointed by the minority leader of
the Senate.
(4) Two members shall be appointed by the Speaker of the
House of Representatives.
(5) Two members shall be appointed by the minority leader of
the House of Representatives.
(b) Ineligibility for Appointment.--Members of Congress shall be
ineligible for appointment to the Commission.
(c) Term of Appointment.--
(1) In general.--Subject to paragraph (2), members of the
Commission shall be appointed for the life of the Commission.
(2) Early termination of appointment.--If a member of the
Commission who is appointed to the Commission as--
(A) an officer or employee of a government ceases to
be an officer or employee of such government; or
(B) an individual who is not an officer or employee
of a government becomes an officer or employee of a
government;
then such member shall cease to be a member of the Commission on
the expiration of the 90-day period beginning on the date such
member ceases to be such officer or employee of such government,
or becomes an officer or employee of a government, as the case
may be.
(d) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may conduct meetings.
(e) Appointment Deadline.--Initial appointments under subsection (a)
shall be made not later than 60 days after the date of enactment of this
Act.
(f) Meetings.--The Commission shall meet at the call of the
chairperson. The first meeting of the Commission shall be held not later
than 30 days after the date on which all members of the Commission are
first appointed under subsection (a) or funds are appropriated to carry
out this subtitle, whichever occurs later.
(g) Vacancy.--A vacancy on the Commission shall be filled in the
same manner as the initial appointment is made.
(h) Consultation Before Appointment.--Before appointing members of
the Commission, the President, the majority and minority leaders of the
Senate, the Speaker of the House of Representatives, and the minority
leader of the House of Representatives shall consult with each other to
ensure fair and equitable representation of various points of view in
the Commission.
(i) Chairperson; Vice Chairperson.--
The <<NOTE: President.>> President shall select the chairperson of the
Commission from among its appointed members. The leaders of Congress
from the opposing party of the President shall select the vice
chairperson of the Commission from among its remaining members.
SEC. 11055. COMPENSATION OF THE COMMISSION.
(a) Pay.--
(1) Nongovernment employees.--Each member of the Commission
who is not otherwise employed by a government
[[Page 116 STAT. 1858]]
shall be entitled to receive the daily equivalent of the annual
rate of basic pay payable for level IV of the Executive Schedule
under section 5315 of title 5 United States Code, as in effect
from time to time, for each day (including travel time) during
which such member is engaged in the actual performance of duties
of the Commission.
(2) Government employees.--A member of the Commission who is
an officer or employee of a government shall serve without
additional pay (or benefits in the nature of compensation) for
service as a member of the Commission.
(b) Travel Expenses.--Members of the Commission shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States Code.
SEC. 11056. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Staff.--
(1) Appointment.--The chairperson of the Commission may,
without regard to the provisions of chapter 51 of title 5 of the
United States Code (relating to appointments in the competitive
service), appoint and terminate an executive director and such
other staff as are necessary to enable the Commission to perform
its duties. The appointment of an executive director shall be
subject to approval by the Commission.
(2) Compensation.--The chairperson of the Commission may fix
the compensation of the executive director and other staff
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5 of the United States Code (relating
to classification of positions and General Schedule pay rates),
except that the rate of pay for the executive director and other
staff may not exceed the rate of basic pay payable for level V
of the Executive Schedule under section 5315 of title 5 United
States Code, as in effect from time to time.
(b) Experts and Consultants.--The Commission may procure temporary
and intermittent services of experts and consultants in accordance with
section 3109(b) of title 5, United States Code.
SEC. 11057. POWERS OF THE COMMISSION.
(a) Hearings and Meetings.--The Commission, or a member of the
Commission if authorized by the Commission, may hold such hearings, sit
and act at such time and places, take such testimony, and receive such
evidence, as the Commission considers to be appropriate. The Commission
or a member of the Commission may administer oaths or affirmations to
witnesses appearing before the Commission or such member.
(b) Official Data.--The Commission may obtain directly from any
executive agency (as defined in section 105 of title 5 of the United
States Code) or court information necessary to enable it to carry out
its duties under this subtitle. On the request of the chairperson of the
Commission, and consistent with any other law, the head of an executive
agency or of a Federal court shall provide such information to the
Commission.
(c) Facilities and Support Services.--The Administrator of General
Services shall provide to the Commission on a reimbursable basis such
facilities and support services as the Commission may request. On
request of the Commission, the head of an executive agency may make any
of the facilities or services of such agency available to the
Commission, on a reimbursable or nonreimbursable
[[Page 116 STAT. 1859]]
basis, to assist the Commission in carrying out its duties under this
subtitle.
(d) Expenditures and Contracts.--The Commission or, on authorization
of the Commission, a member of the Commission may make expenditures and
enter into contracts for the procurement of such supplies, services, and
property as the Commission or such member considers to be appropriate
for the purpose of carrying out the duties of the Commission. Such
expenditures and contracts may be made only to such extent or in such
amounts as are provided in advance in appropriation Acts.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(f) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property, both
real and personal, for the purpose of aiding or facilitating the work of
the Commission. Gifts, bequests, or devises of money and proceeds from
sales of other property received as gifts, bequests, or devises shall be
deposited in the Treasury and shall be available for disbursement upon
order of the Commission.
SEC. 11058. REPORT.
Not <<NOTE: Deadline.>> later than 3 years after the first meeting
of the Commission, the Commission shall submit to Congress and the
President a report containing a detailed statement of the findings and
conclusions of the Commission, together with recommendations for
legislative or administrative action the Commission considers to be
appropriate.
SEC. 11059. TERMINATION OF COMMISSION.
The Commission shall cease to exist 30 days after the date on which
the report required by section 8 is submitted.
SEC. 11060. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $4,000,000 to carry out this
subtitle.
TITLE II--JUVENILE JUSTICE
Subtitle A--Juvenile <<NOTE: Consequences for Juvenile Offenders Act of
2002.>> Offender Accountability
SEC. 12101. <<NOTE: 42 USC 3711 note.>> SHORT TITLE.
This subtitle may be cited as the ``Consequences for Juvenile
Offenders Act of 2002''.
SEC. 12102. JUVENILE OFFENDER ACCOUNTABILITY.
(a) Grant Program.--Part R of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.) is amended to
read as follows:
[[Page 116 STAT. 1860]]
``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS
``SEC. 1801. <<NOTE: 42 USC 3796ee.>> PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General is authorized to provide
grants to States, for use by States and units of local government, and
in certain cases directly to specially qualified units.
``(b) Authorized Activities.--Amounts paid to a State or a unit of
local government under this part shall be used by the State or unit of
local government for the purpose of strengthening the juvenile justice
system, which includes--
``(1) developing, implementing, and administering graduated
sanctions for juvenile offenders;
``(2) building, expanding, renovating, or operating
temporary or permanent juvenile correction, detention, or
community corrections facilities;
``(3) hiring juvenile court judges, probation officers, and
court-appointed defenders and special advocates, and funding
pretrial services (including mental health screening and
assessment) for juvenile offenders, to promote the effective and
expeditious administration of the juvenile justice system;
``(4) hiring additional prosecutors, so that more cases
involving violent juvenile offenders can be prosecuted and case
backlogs reduced;
``(5) providing funding to enable prosecutors to address
drug, gang, and youth violence problems more effectively and for
technology, equipment, and training to assist prosecutors in
identifying and expediting the prosecution of violent juvenile
offenders;
``(6) establishing and maintaining training programs for law
enforcement and other court personnel with respect to preventing
and controlling juvenile crime;
``(7) establishing juvenile gun courts for the prosecution
and adjudication of juvenile firearms offenders;
``(8) establishing drug court programs for juvenile
offenders that provide continuing judicial supervision over
juvenile offenders with substance abuse problems and the
integrated administration of other sanctions and services for
such offenders;
``(9) establishing and maintaining a system of juvenile
records designed to promote public safety;
``(10) establishing and maintaining interagency information-
sharing programs that enable the juvenile and criminal justice
systems, schools, and social services agencies to make more
informed decisions regarding the early identification, control,
supervision, and treatment of juveniles who repeatedly commit
serious delinquent or criminal acts;
``(11) establishing and maintaining accountability-based
programs designed to reduce recidivism among juveniles who are
referred by law enforcement personnel or agencies;
``(12) establishing and maintaining programs to conduct risk
and need assessments of juvenile offenders that facilitate the
effective early intervention and the provision of comprehensive
services, including mental health screening and treatment and
substance abuse testing and treatment to such offenders;
[[Page 116 STAT. 1861]]
``(13) establishing and maintaining accountability-based
programs that are designed to enhance school safety;
``(14) establishing and maintaining restorative justice
programs;
``(15) establishing and maintaining programs to enable
juvenile courts and juvenile probation officers to be more
effective and efficient in holding juvenile offenders
accountable and reducing recidivism; or
``(16) hiring detention and corrections personnel, and
establishing and maintaining training programs for such
personnel to improve facility practices and programming.
``(c) Definition.--In this section the term `restorative justice
program' means a program that emphasizes the moral accountability of an
offender toward the victim and the affected community and may include
community reparations boards, restitution (in the form of monetary
payment or service to the victim or, where no victim can be identified,
service to the affected community), and mediation between victim and
offender.
``SEC. 1801A. <<NOTE: 42 USC 3796ee-1.>> TRIBAL GRANT PROGRAM
AUTHORIZED.
``(a) In General.--From the amount reserved under section 1810(b),
the Attorney General shall make grants to Indian tribes for programs to
strengthen tribal juvenile justice systems and to hold tribal youth
accountable.
``(b) Eligibility.--Indian tribes, as defined by section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a), or
a consortia of such tribes, shall submit to the Attorney General an
application in such form and containing such information as the Attorney
General may require. Only tribes that carry out tribal juvenile justice
functions shall be eligible to receive a grant under this section.
``(c) Awards.--The Attorney General shall award grants under this
section on a competitive basis.
``(d) Guidelines.--The Attorney General shall issue guidelines
establishing application, use, and award criteria and processes
consistent with the purposes and requirements of this Act.
``SEC. 1802. <<NOTE: 42 USC 3796ee-2.>> GRANT ELIGIBILITY.
``(a) State Eligibility.--To be eligible to receive a grant under
this part, a State shall submit to the Attorney General an application
at such time, in such form, and containing such assurances and
information as the Attorney General may require by guidelines,
including--
``(1) information about--
``(A) the activities proposed to be carried out with
such grant; and
``(B) the criteria by which the State proposes to
assess the effectiveness of such activities on achieving
the purposes of this part; and
``(2) assurances that the State and any unit of local
government to which the State provides funding under section
1803(b), has in effect (or shall have in effect, not later than
1 year after the date that the State submits such application)
laws, or has implemented (or shall implement, not later than 1
year after the date that the State submits such application)
policies and programs, that provide for a system of graduated
sanctions described in subsection (d).
``(b) Local Eligibility.--
[[Page 116 STAT. 1862]]
``(1) Subgrant eligibility.--To be eligible to receive a
subgrant, a unit of local government, other than a specially
qualified unit, shall provide to the State--
``(A) information about--
``(i) the activities proposed to be carried
out with such subgrant; and
``(ii) the criteria by which the unit proposes
to assess the effectiveness of such activities on
achieving the purposes of this part; and
``(B) such assurances as the State shall require,
that, to the maximum extent applicable, the unit of
local government has in effect (or shall have in effect,
not later than 1 year after the date that the unit
submits such application) laws, or has implemented (or
shall implement, not later than 1 year after the date
that the unit submits such application) policies and
programs, that provide for a system of graduated
sanctions described in subsection (d).
``(2) Special rule.--The requirements of paragraph (1) shall
apply to a specially qualified unit that receives funds from the
Attorney General under section 1803(e), except that information
that is otherwise required to be submitted to the State shall be
submitted to the Attorney General.
``(c) Role of Courts.--In the development of the grant application,
the States and units of local governments shall take into consideration
the needs of the judicial branch in strengthening the juvenile justice
system and specifically seek the advice of the chief of the highest
court of the State and where appropriate, the chief judge of the local
court, with respect to the application.
``(d) Graduated Sanctions.--A system of graduated sanctions, which
may be discretionary as provided in subsection (e), shall ensure, at a
minimum, that--
``(1) sanctions are imposed on a juvenile offender for each
delinquent offense;
``(2) sanctions escalate in intensity with each subsequent,
more serious delinquent offense;
``(3) there is sufficient flexibility to allow for
individualized sanctions and services suited to the individual
juvenile offender; and
``(4) appropriate consideration is given to public safety
and victims of crime.
``(e) Discretionary Use of Sanctions.--
``(1) Voluntary participation.--A State or unit of local
government may be eligible to receive a grant under this part
if--
``(A) its system of graduated sanctions is
discretionary; and
``(B) it demonstrates that it has promoted the use
of a system of graduated sanctions by taking steps to
encourage implementation of such a system by juvenile
courts.
``(2) Reporting requirement if graduated sanctions not
used.--
``(A) Juvenile courts.--A State or unit of local
government in which the imposition of graduated
sanctions is discretionary shall require each juvenile
court within its jurisdiction--
``(i) which has not implemented a system of
graduated sanctions, to submit an annual report
that
[[Page 116 STAT. 1863]]
explains why such court did not implement
graduated sanctions; and
``(ii) which has implemented a system of
graduated sanctions but has not imposed graduated
sanctions in all cases, to submit an annual report
that explains why such court did not impose
graduated sanctions in all cases.
``(B) Units of local government.--Each unit of local
government, other than a specially qualified unit, that
has 1 or more juvenile courts that use a discretionary
system of graduated sanctions shall collect the
information reported under subparagraph (A) for
submission to the State each year.
``(C) States.--Each State and specially qualified
unit that has 1 or more juvenile courts that use a
discretionary system of graduated sanctions shall
collect the information reported under subparagraph (A)
for submission to the Attorney General each year. A
State shall also collect and submit to the Attorney
General the information collected under subparagraph
(B).
``(f) Definitions.--In this section:
``(1) Discretionary.--The term `discretionary' means that a
system of graduated sanctions is not required to be imposed by
each and every juvenile court in a State or unit of local
government.
``(2) Sanctions.--The term `sanctions' means tangible,
proportional consequences that hold the juvenile offender
accountable for the offense committed. A sanction may include
counseling, restitution, community service, a fine, supervised
probation, or confinement.
``SEC. 1803. <<NOTE: 42 USC 3796ee-3.>> ALLOCATION AND DISTRIBUTION OF
FUNDS.
``(a) State Allocation.--
``(1) In general.--In accordance with regulations
promulgated pursuant to this part and except as provided in
paragraph (3), the Attorney General shall allocate--
``(A) 0.50 percent for each State; and
``(B) of the total funds remaining after the
allocation under subparagraph (A), to each State, an
amount which bears the same ratio to the amount of
remaining funds described in this subparagraph as the
population of people under the age of 18 living in such
State for the most recent calendar year in which such
data is available bears to the population of people
under the age of 18 of all the States for such fiscal
year.
``(2) Prohibition.--No funds allocated to a State under this
subsection or received by a State for distribution under
subsection (b) may be distributed by the Attorney General or by
the State involved for any program other than a program
contained in an approved application.
``(b) Local Distribution.--
``(1) In general.--Except as provided in paragraph (2), each
State which receives funds under subsection (a)(1) in a fiscal
year shall distribute among units of local government, for the
purposes specified in section 1801, not less than 75 percent of
such amounts received.
[[Page 116 STAT. 1864]]
``(2) Waiver.--If a State submits to the Attorney General an
application for waiver that demonstrates and certifies to the
Attorney General that--
``(A) the State's juvenile justice expenditures in
the fiscal year preceding the date in which an
application is submitted under this part (the `State
percentage') is more than 25 percent of the aggregate
amount of juvenile justice expenditures by the State and
its eligible units of local government; and
``(B) the State has consulted with as many units of
local government in such State, or organizations
representing such units, as practicable regarding the
State's calculation of expenditures under subparagraph
(A), the State's application for waiver under this
paragraph, and the State's proposed uses of funds.
``(3) Allocation.--In making the distribution under
paragraph (1), the State shall allocate to such units of local
government an amount which bears the same ratio to the aggregate
amount of such funds as--
``(A) the sum of--
``(i) the product of--
``(I) three-quarters; multiplied by
``(II) the average juvenile justice
expenditure for such unit of local
government for the 3 most recent
calendar years for which such data is
available; plus
``(ii) the product of--
``(I) one-quarter; multiplied by
``(II) the average annual number of
part 1 violent crimes in such unit of
local government for the 3 most recent
calendar years for which such data is
available, bears to--
``(B) the sum of the products determined under
subparagraph (A) for all such units of local government
in the State.
``(4) Expenditures.--The allocation any unit of local
government shall receive under paragraph (3) for a payment
period shall not exceed 100 percent of juvenile justice
expenditures of the unit for such payment period.
``(5) Reallocation.--The amount of any unit of local
government's allocation that is not available to such unit by
operation of paragraph (4) shall be available to other units of
local government that are not affected by such operation in
accordance with this subsection.
``(c) Unavailability of Data for Units of Local Government.--If the
State has reason to believe that the reported rate of part 1 violent
crimes or juvenile justice expenditures for a unit of local government
is insufficient or inaccurate, the State shall--
``(1) investigate the methodology used by the unit to
determine the accuracy of the submitted data; and
``(2) if necessary, use the best available comparable data
regarding the number of violent crimes or juvenile justice
expenditures for the relevant years for the unit of local
government.
``(d) Local Government With Allocations Less Than $10,000.--If under
this section a unit of local government is allocated less than $10,000
for a payment period, the amount allotted
[[Page 116 STAT. 1865]]
shall be expended by the State on services to units of local government
whose allotment is less than such amount in a manner consistent with
this part.
``(e) Direct Grants to Specially Qualified Units.--
``(1) In general.--If a State does not qualify or apply for
funds reserved for allocation under subsection (a) by the
application deadline established by the Attorney General, the
Attorney General shall reserve not more than 75 percent of the
allocation that the State would have received under subsection
(a) for such fiscal year to provide grants to specially
qualified units which meet the requirements for funding under
section 1802.
``(2) Award basis.--In addition to the qualification
requirements for direct grants for specially qualified units the
Attorney General may use the average amount allocated by the
States to units of local government as a basis for awarding
grants under this section.
``SEC. 1804. <<NOTE: 42 USC 3796ee-4.>> GUIDELINES.
``(a) In General.--The Attorney General shall issue guidelines
establishing procedures under which a State or specifically qualified
unit of local government that receives funds under section 1803 is
required to provide notice to the Attorney General regarding the
proposed use of funds made available under this part.
``(b) Advisory Board.--
``(1) In general.--The guidelines referred to in subsection
(a) shall include a requirement that such eligible State or unit
of local government establish and convene an advisory board to
recommend a coordinated enforcement plan for the use of such
funds.
``(2) Membership.--The board shall include representation
from, if appropriate--
``(A) the State or local police department;
``(B) the local sheriff's department;
``(C) the State or local prosecutor's office;
``(D) the State or local juvenile court;
``(E) the State or local probation office;
``(F) the State or local educational agency;
``(G) a State or local social service agency;
``(H) a nonprofit, nongovernmental victim advocacy
organization; and
``(I) a nonprofit, religious, or community group.
``SEC. 1805. <<NOTE: 42 USC 3796ee-5.>> PAYMENT REQUIREMENTS.
``(a) Timing of Payments.--The <<NOTE: Deadlines.>> Attorney General
shall pay to each State or specifically qualified unit of local
government that receives funds under section 1803 that has submitted an
application under this part the amount awarded to such State or unit of
local government not later than the later of--
``(1) the date that is 180 days after the date that the
amount is available; or
``(2) the first day of the payment period if the State has
provided the Attorney General with the assurances required by
subsection (c).
``(b) Repayment of Unexpended Amounts.--
``(1) Repayment required.--From amounts awarded under this
part, a State or specially qualified unit shall repay to the
Attorney General, before the expiration of the 36-month
[[Page 116 STAT. 1866]]
period beginning on the date of the award, any amount that is
not expended by such State or unit.
``(2) Extension.--The Attorney General may adopt policies
and procedures providing for a one-time extension, by not more
than 12 months, of the period referred to in paragraph (1).
``(3) Penalty for failure to repay.--If the amount required
to be repaid is not repaid, the Attorney General shall reduce
payment in future payment periods accordingly.
``(4) Deposit of amounts repaid.--Amounts received by the
Attorney General as repayments under this subsection shall be
deposited in a designated fund for future payments to States and
specially qualified units.
``(c) Administrative Costs.--A State or unit of local government
that receives funds under this part may use not more than 5 percent of
such funds to pay for administrative costs.
``(d) Nonsupplanting Requirement.--Funds made available under this
part to States and units of local government shall not be used to
supplant State or local funds as the case may be, but shall be used to
increase the amount of funds that would, in the absence of funds made
available under this part, be made available from State or local
sources, as the case may be.
``(e) Matching Funds.--
``(1) In general.--The Federal share of a grant received
under this part may not exceed 90 percent of the total program
costs.
``(2) Construction of facilities.--Notwithstanding paragraph
(1), with respect to the cost of constructing juvenile detention
or correctional facilities, the Federal share of a grant
received under this part may not exceed 50 percent of approved
cost.
``SEC. 1806. <<NOTE: 42 USC 3796ee-6.>> UTILIZATION OF PRIVATE SECTOR.
``Funds or a portion of funds allocated under this part may be used
by a State or unit of local government that receives a grant under this
part to contract with private, nonprofit entities, or community-based
organizations to carry out the purposes specified under section 1801(b).
``SEC. 1807. <<NOTE: 42 USC 3796ee-7.>> ADMINISTRATIVE PROVISIONS.
``(a) In General.--A State or specially qualified unit that receives
funds under this part shall--
``(1) establish a trust fund in which the government will
deposit all payments received under this part;
``(2) use amounts in the trust fund (including interest)
during the period specified in section 1805(b)(1) and any
extension of that period under section 1805(b)(2);
``(3) designate an official of the State or specially
qualified unit to submit reports as the Attorney General
reasonably requires, in addition to the annual reports required
under this part; and
``(4) spend the funds only for the purpose of strengthening
the juvenile justice system.
``(b) Title I Provisions.--Except as otherwise provided, the
administrative provisions of part H shall apply to this part and for
purposes of this section any reference in such provisions to title I
shall be deemed to include a reference to this part.
[[Page 116 STAT. 1867]]
``SEC. 1808. <<NOTE: 42 USC 3796ee-8.>> ASSESSMENT REPORTS.
``(a) Reports to Attorney General.--
``(1) In general.--Except as provided in paragraph (4), for
each fiscal year for which a grant or subgrant is awarded under
this part, each State or specially qualified unit of local
government that receives such a grant shall submit to the
Attorney General a grant report, and each unit of local
government that receives such a subgrant shall submit to the
State a subgrant report, at such time and in such manner as the
Attorney General may reasonably require.
``(2) Grant report.--Each grant report required by paragraph
(1) shall include--
``(A) a summary of the activities carried out with
such grant;
``(B) if such activities included any subgrant, a
summary of the activities carried out with each such
subgrant; and
``(C) an assessment of the effectiveness of such
activities on achieving the purposes of this part.
``(3) Subgrant report.--Each subgrant report required by
paragraph (1) shall include--
``(A) a summary of the activities carried out with
such subgrant; and
``(B) an assessment of the effectiveness of such
activities on achieving the purposes of this part.
``(4) Waivers.--The Attorney General may waive the
requirement of an assessment in paragraph (2)(C) for a State or
specially qualified unit of local government, or in paragraph
(3)(B) for a unit of local government, if the Attorney General
determines that--
``(A) the nature of the activities are such that
assessing their effectiveness would not be practical or
insightful;
``(B) the amount of the grant or subgrant is such
that carrying out the assessment would not be an
effective use of those amounts; or
``(C) the resources available to the State or unit
are such that carrying out the assessment would pose a
financial hardship on the State or unit.
``(b) Reports to Congress.--Not <<NOTE: Deadline.>> later than 120
days after the last day of each fiscal year for which 1 or more grants
are awarded under this part, the Attorney General shall submit to
Congress a report, which shall include--
``(1) a summary of the information provided under subsection
(a);
``(2) an assessment by the Attorney General of the grant
program carried out under this part; and
``(3) such other information as the Attorney General
considers appropriate.
``SEC. 1809. <<NOTE: 42 USC 3796ee-9.>> DEFINITIONS.
``In this part:
``(1) Unit of local government.--The term `unit of local
government' means--
``(A) a county, township, city, or political
subdivision of a county, township, or city, that is a
unit of local government as determined by the Secretary
of Commerce for general statistical purposes;
[[Page 116 STAT. 1868]]
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority, in a manner
independent of other State entities, to establish
a budget and raise revenues; and
``(C) the District of Columbia and the recognized
governing body of an Indian tribe or Alaskan Native
village that carries out substantial governmental duties
and powers.
``(2) Specially qualified unit.--The term `specially
qualified unit' means a unit of local government which may
receive funds under this part only in accordance with section
1803(e).
``(3) State.--The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands, except that--
``(A) the Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands (the `partial States')
shall collectively be considered as 1 State; and
``(B) for purposes of section 1803(a), the amount
allocated to a partial State shall bear the same
proportion to the amount collectively allocated to the
partial States as the population of the partial State
bears to the collective population of the partial
States.
``(4) Juvenile.--The term `juvenile' means an individual who
is 17 years of age or younger.
``(5) Juvenile justice expenditures.--The term `juvenile
justice expenditures' means expenditures in connection with the
juvenile justice system, including expenditures in connection
with such system to carry out--
``(A) activities specified in section 1801(b); and
``(B) other activities associated with prosecutorial
and judicial services and corrections as reported to the
Bureau of the Census for the fiscal year preceding the
fiscal year for which a determination is made under this
part.
``(6) Part 1 violent crimes.--The term `part 1 violent
crimes' means murder and nonnegligent manslaughter, forcible
rape, robbery, and aggravated assault as reported to the Federal
Bureau of Investigation for purposes of the Uniform Crime
Reports.
``SEC. 1810. <<NOTE: 42 USC 3796ee-10.>> AUTHORIZATION OF
APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this part, $350,000,000 for each of fiscal years 2002 through 2005.
``(b) Oversight Accountability and Administration.--
``(1) In general.--Of the amount authorized to be
appropriated under section 261 of title II of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611
et seq.), there shall be available to the Attorney General, for
each of the fiscal years 2002 through 2004 (as applicable), to
remain available until expended--
``(A) not more than 2 percent of that amount, for
research, evaluation, and demonstration consistent with
this part;
[[Page 116 STAT. 1869]]
``(B) not more than 2 percent of that amount, for
training and technical assistance; and
``(C) not more than 1 percent, for administrative
costs to carry out the purposes of this part.
``(2) Oversight plan.--The Attorney General shall establish
and execute an oversight plan for monitoring the activities of
grant recipients.
``(c) Tribal Set-Aside.--Of the amounts appropriated under
subsection (a), 2 percent shall be made available for programs that
receive grants under section 1801A.''.
(b) Effective Date.--The <<NOTE: 42 USC 3796ee note.>> amendments
made by subsection (a) shall take effect on the first day of the first
fiscal year that begins after the date of enactment of this Act.
(c) Transition of Juvenile Accountability Incentive Block Grants
Program.--For each grant made from amounts made available for the
Juvenile Accountability Incentive Block Grants program (as described
under the heading ``VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL
LAW ENFORCEMENT ASSISTANCE'' in the Department of Justice Appropriations
Act, 2000 (as enacted by Public Law 106-113; 113 Stat. 1537-14)), the
grant award shall remain available to the grant recipient for not more
than 36 months after the date of receipt of the grant.
Subtitle B--Juvenile <<NOTE: Juvenile Justice and Delinquency Prevention
Act of 2002.>> Justice and Delinquency Prevention Act of 2002
SEC. 12201. <<NOTE: 42 USC 5601 note.>> SHORT TITLE.
This subtitle may be cited as the ``Juvenile Justice and Delinquency
Prevention Act of 2002''.
SEC. 12202. FINDINGS.
Section 101 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5601) is amended to read as follows:
``Sec. 101. (a) The Congress finds the following:
``(1) Although the juvenile violent crime arrest rate in
1999 was the lowest in the decade, there remains a consensus
that the number of crimes and the rate of offending by juveniles
nationwide is still too high.
``(2) According to the Office of Juvenile Justice and
Delinquency Prevention, allowing 1 youth to leave school for a
life of crime and of drug abuse costs society $1,700,000 to
$2,300,000 annually.
``(3) One in every 6 individuals (16.2 percent) arrested for
committing violent crime in 1999 was less than 18 years of age.
In 1999, juveniles accounted for 9 percent of murder arrests, 17
percent of forcible rape arrests, 25 percent of robbery arrest,
14 percent of aggravated assault arrests, and 24 percent of
weapons arrests.
``(4) More than \1/2\ of juvenile murder victims are killed
with firearms. Of the nearly 1,800 murder victims less than 18
years of age, 17 percent of the victims less than 13 years of
age were murdered with a firearm, and 81 percent of the victims
13 years of age or older were killed with a firearm.
[[Page 116 STAT. 1870]]
``(5) Juveniles accounted for 13 percent of all drug abuse
violation arrests in 1999. Between 1990 and 1999, juvenile
arrests for drug abuse violations rose 132 percent.
``(6) Over the last 3 decades, youth gang problems have
increased nationwide. In the 1970's, 19 States reported youth
gang problems. By the late 1990's, all 50 States and the
District of Columbia reported gang problems. For the same
period, the number of cities reporting youth gang problems grew
843 percent, and the number of counties reporting gang problems
increased more than 1,000 percent.
``(7) According to a national crime survey of individuals 12
years of age or older during 1999, those 12 to 19 years old are
victims of violent crime at higher rates than individuals in all
other age groups. Only 30.8 percent of these violent
victimizations were reported by youth to police in 1999.
``(8) One-fifth of juveniles 16 years of age who had been
arrested were first arrested before attaining 12 years of age.
Juveniles who are known to the juvenile justice system before
attaining 13 years of age are responsible for a disproportionate
share of serious crimes and violence.
``(9) The increase in the arrest rates for girls and young
juvenile offenders has changed the composition of violent
offenders entering the juvenile justice system.
``(10) These problems should be addressed through a 2-track
common sense approach that addresses the needs of individual
juveniles and society at large by promoting--
``(A) quality prevention programs that--
``(i) work with juveniles, their families,
local public agencies, and community-based
organizations, and take into consideration such
factors as whether or not juveniles have been the
victims of family violence (including child abuse
and neglect); and
``(ii) are designed to reduce risks and
develop competencies in at-risk juveniles that
will prevent, and reduce the rate of, violent
delinquent behavior; and
``(B) programs that assist in holding juveniles
accountable for their actions and in developing the
competencies necessary to become responsible and
productive members of their communities, including a
system of graduated sanctions to respond to each
delinquent act, requiring juveniles to make restitution,
or perform community service, for the damage caused by
their delinquent acts, and methods for increasing victim
satisfaction with respect to the penalties imposed on
juveniles for their acts.
``(11) Coordinated juvenile justice and delinquency
prevention projects that meet the needs of juveniles through the
collaboration of the many local service systems juveniles
encounter can help prevent juveniles from becoming delinquent
and help delinquent youth return to a productive life.
``(b) Congress must act now to reform this program by focusing on
juvenile delinquency prevention programs, as well as programs that hold
juveniles accountable for their acts and which provide opportunities for
competency development. Without true reform, the juvenile justice system
will not be able to overcome the challenges it will face in the coming
years when the number of juveniles is expected to increase by 18 percent
between 2000 and 2030.''.
[[Page 116 STAT. 1871]]
SEC. 12203. PURPOSE.
Section 102 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5602) is amended to read as follows:
``Sec. 102. The purposes of this title and title II are--
``(1) to support State and local programs that prevent
juvenile involvement in delinquent behavior;
``(2) to assist State and local governments in promoting
public safety by encouraging accountability for acts of juvenile
delinquency; and
``(3) to assist State and local governments in addressing
juvenile crime through the provision of technical assistance,
research, training, evaluation, and the dissemination of
information on effective programs for combating juvenile
delinquency.''.
SEC. 12204. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (3) by striking ``to help prevent juvenile
delinquency'' and inserting ``designed to reduce known risk
factors for juvenile delinquent behavior, provides activities
that build on protective factors for, and develop competencies
in, juveniles to prevent, and reduce the rate of, delinquent
juvenile behavior'',
(2) in paragraph (4) by inserting ``title I of'' before
``the Omnibus'' each place it appears,
(3) in paragraph (7) by striking ``the Trust Territory of
the Pacific Islands,'',
(4) in paragraph (12)(B) by striking ``, of any
nonoffender,'',
(5) in paragraph (13)(B) by striking ``, any nonoffender,'',
(6) in paragraph (14) by inserting ``drug trafficking,''
after ``assault,'',
(7) in paragraph (16)--
(A) in subparagraph (A) by adding ``and'' at the
end, and
(B) by striking subparagraph (C),
(8) in paragraph (22)--
(A) by redesignating subparagraphs (i), (ii), and
(iii) as subparagraphs (A), (B), and (C), respectively,
and
(B) by striking ``and'' at the end,
(9) in paragraph (23) by striking the period at the end and
inserting a semicolon, and
(10) by adding at the end the following:
``(24) the term `graduated sanctions' means an
accountability-based, graduated series of sanctions (including
incentives, treatment, and services) applicable to juveniles
within the juvenile justice system to hold such juveniles
accountable for their actions and to protect communities from
the effects of juvenile delinquency by providing appropriate
sanctions for every act for which a juvenile is adjudicated
delinquent, by inducing their law-abiding behavior, and by
preventing their subsequent involvement with the juvenile
justice system;
``(25) the term `contact' means the degree of interaction
allowed between juvenile offenders in a secure custody status
and incarcerated adults under section 31.303(d)(1)(i) of title
[[Page 116 STAT. 1872]]
28, Code of Federal Regulations, as in effect on December 10,
1996;
``(26) the term `adult inmate' means an individual who--
``(A) has reached the age of full criminal
responsibility under applicable State law; and
``(B) has been arrested and is in custody for
or awaiting trial on a criminal charge, or is
convicted of a criminal offense;
``(27) the term `violent crime' means--
``(A) murder or nonnegligent manslaughter, forcible
rape, or robbery, or
``(B) aggravated assault committed with the use of a
firearm;
``(28) the term `collocated facilities' means facilities
that are located in the same building, or are part of a related
complex of buildings located on the same grounds; and
``(29) the term `related complex of buildings' means 2 or
more buildings that share--
``(A) physical features, such as walls and fences,
or services beyond mechanical services (heating, air
conditioning, water and sewer); or
``(B) the specialized services that are allowable
under section 31.303(e)(3)(i)(C)(3) of title 28 of the
Code of Federal Regulations, as in effect on December
10, 1996.''.
SEC. 12205. CONCENTRATION OF FEDERAL EFFORT.
Section 204 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5614) is amended--
(1) in subsection (b)--
(A) in paragraph (3) by striking ``and of the
prospective'' and all that follows through
``administered'',
(B) in paragraph (5) by striking ``parts C and D''
each place it appears and inserting ``parts D and E'',
and
(C) by amending paragraph (7) to read as follows:
``(7) not later than 1 year after the date of the enactment
of this paragraph, issue model standards for providing mental
health care to incarcerated juveniles.'',
(2) in subsection (c) by striking ``and reports'' and all
that follows through ``this part'', and inserting ``as may be
appropriate to prevent the duplication of efforts, and to
coordinate activities, related to the prevention of juvenile
delinquency'',
(3) by amending subsection (d) to read as follows:
``(d) The Administrator shall have the sole authority to delegate
any of the functions of the Administrator under this Act.'';
(4) by striking subsection (i), and
(5) by redesignating subsection (h) as subsection (f).
SEC. 12206. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY
PREVENTION.
Section 206(c)(2)(B) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616(c)(2)(B)) is amended by striking
``Education and Labor'' and inserting ``Education and the Workforce''.
SEC. 12207. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5617) is amended by striking paragraphs (4) and (5),
and inserting the following:
[[Page 116 STAT. 1873]]
``(4) An evaluation of the programs funded under this title
and their effectiveness in reducing the incidence of juvenile
delinquency, particularly violent crime, committed by
juveniles.''.
SEC. 12208. ALLOCATION.
Section 222 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5632) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``(other than parts
D and E)'',
(II) by striking ``amount, up to
$400,000,'' and inserting ``amount up to
$400,000'',
(III) by striking ``1992'' the 1st
place it appears and inserting
``2000,'',
(IV) by striking ``1992'' the last
place it appears and inserting ``2000'',
(V) by striking ``the Trust
Territory of the Pacific Islands,'', and
(VI) by striking ``amount, up to
$100,000,'' and inserting ``amount up to
$100,000'',
(ii) in subparagraph (B)--
(I) by striking ``(other than part
D)'',
(II) by striking ``$400,000'' and
inserting ``$600,000'',
(III) by striking ``or such greater
amount, up to $600,000'' and all that
follows through ``section 299(a) (1) and
(3)'',
(IV) by striking ``the Trust
Territory of the Pacific Islands,'',
(V) by striking ``amount, up to
$100,000,'' and inserting ``amount up to
$100,000'', and
(VI) by striking ``1992'' and
inserting ``2000,'',
(B) in paragraph (3)--
(i) by striking ``allot'' and inserting
``allocate'', and
(ii) by striking ``1992'' each place it
appears and inserting ``2000'', and
(2) in subsection (b) by striking ``the Trust Territory of
the Pacific Islands,''.
SEC. 12209. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)--
(A) in the 2d sentence by striking ``and challenge''
and all that follows through ``part E'', and inserting
``, projects, and activities'',
(B) in paragraph (3)--
(i) by striking ``, which--'' and inserting
``that--'',
(ii) in subparagraph (A)(i) by striking ``or
the administration of juvenile justice'' and
inserting ``, the administration of juvenile
justice, or the reduction of juvenile
delinquency'', and
(iii) in subparagraph (D)--
(I) in clause (i) by inserting
``and'' at the end, and
[[Page 116 STAT. 1874]]
(II) in clause (ii) by striking
``paragraphs'' and all that follows
through ``part E'', and inserting
``paragraphs (11), (12), and (13)'',
(C) in paragraph (5)--
(i) in the matter preceding subparagraph (A)
by striking ``, other than'' and inserting
``reduced by the percentage (if any) specified by
the State under the authority of paragraph (25)
and excluding'', and
(ii) in subparagraph (C) by striking
``paragraphs (12)(A), (13), and (14)'' and
inserting ``paragraphs (11), (12), and (13)'',
(D) by striking paragraph (6),
(E) in paragraph (7) by inserting ``, including in
rural areas'' before the semicolon at the end,
(F) in paragraph (8)--
(i) in subparagraph (A)--
(I) by striking ``for (i)'' and all
that follows through ``relevant
jurisdiction'', and inserting ``for an
analysis of juvenile delinquency
problems in, and the juvenile
delinquency control and delinquency
prevention needs (including educational
needs) of, the State'', and
(II) by striking ``of the
jurisdiction; (ii)'' and all that
follows through the semicolon at the
end, and inserting ``of the State;
and'',
(ii) by amending subparagraph (B) to read as
follows:
``(B) contain--
``(i) a plan for providing needed gender-specific
services for the prevention and treatment of juvenile
delinquency;
``(ii) a plan for providing needed services for the
prevention and treatment of juvenile delinquency in
rural areas; and
``(iii) a plan for providing needed mental health
services to juveniles in the juvenile justice system,
including information on how such plan is being
implemented and how such services will be targeted to
those juveniles in such system who are in greatest need
of such services;'', and
(iii) by striking subparagraphs (C) and (D),
(G) by amending paragraph (9) to read as follows:
``(9) provide for the coordination and maximum utilization
of existing juvenile delinquency programs, programs operated by
public and private agencies and organizations, and other related
programs (such as education, special education, recreation,
health, and welfare programs) in the State;'',
(H) in paragraph (10)--
(i) in subparagraph (A)--
(I) by striking ``, specifically''
and inserting ``including'',
(II) by striking clause (i), and
(III) redesignating clauses (ii) and
(iii) as clauses (i) and (ii),
respectively,
(ii) by amending subparagraph (D) to read as
follows:
``(D) programs that provide treatment to juvenile
offenders who are victims of child abuse or neglect, and
[[Page 116 STAT. 1875]]
to their families, in order to reduce the likelihood
that such juvenile offenders will commit subsequent
violations of law;'',
(iii) in subparagraph (E)--
(I) by redesignating clause (ii) as
clause (iii), and
(II) by striking ``juveniles,
provided'' and all that follows through
``provides; and'', and inserting the
following:
``juveniles--
``(i) to encourage juveniles to remain in
elementary and secondary schools or in alternative
learning situations;
``(ii) to provide services to assist juveniles
in making the transition to the world of work and
self-sufficiency; and'',
(iv) by amending subparagraph (F) to read as
follows:
``(F) expanding the use of probation officers--
``(i) particularly for the purpose of
permitting nonviolent juvenile offenders
(including status offenders) to remain at home
with their families as an alternative to
incarceration or institutionalization; and
``(ii) to ensure that juveniles follow the
terms of their probation;'',
(v) by amending subparagraph (G) to read as
follows:
``(G) counseling, training, and mentoring programs,
which may be in support of academic tutoring, vocational
and technical training, and drug and violence prevention
counseling, that are designed to link at-risk juveniles,
juvenile offenders, or juveniles who have a parent or
legal guardian who is or was incarcerated in a Federal,
State, or local correctional facility or who is
otherwise under the jurisdiction of a Federal, State, or
local criminal justice system, particularly juveniles
residing in low-income and high-crime areas and
juveniles experiencing educational failure, with
responsible individuals (such as law enforcement
officials, Department of Defense personnel, individuals
working with local businesses, and individuals working
with community-based and faith-based organizations and
agencies) who are properly screened and trained;'',
(vii) in subparagraph (H) by striking
``handicapped youth'' and inserting ``juveniles
with disabilities'',
(viii) by striking subparagraph (K),
(ix) in subparagraph (L)--
(I) in clause (iv) by adding ``and''
at the end,
(II) in clause (v) by striking
``and'' at the end, and
(III) by striking clause (vi),
(x) in subparagraph (M) by striking ``boot
camps'',
(xi) by amending subparagraph (N) to read as
follows:
``(N) community-based programs and services to work
with juveniles, their parents, and other family members
during and after incarceration in order to strengthen
families so that such juveniles may be retained in their
homes;'',
[[Page 116 STAT. 1876]]
(xii) in subparagraph (O)--
(I) in striking ``cultural'' and
inserting ``other'', and
(II) by striking the period at the
end and inserting a semicolon,
(xiii) by redesignating subparagraphs (L),
(M), (N), and (O) as subparagraphs (K), (L), (M),
and (N), respectively; and
(xiv) by adding at the end the following:
``(O) programs designed to prevent and to reduce
hate crimes committed by juveniles;
``(P) after-school programs that provide at-risk
juveniles and juveniles in the juvenile justice system
with a range of age-appropriate activities, including
tutoring, mentoring, and other educational and
enrichment activities;
``(Q) community-based programs that provide follow-
up post-placement services to adjudicated juveniles, to
promote successful reintegration into the community;
``(R) projects designed to develop and implement
programs to protect the rights of juveniles affected by
the juvenile justice system; and
``(S) programs designed to provide mental health
services for incarcerated juveniles suspected to be in
need of such services, including assessment, development
of individualized treatment plans, and discharge
plans.'',
(I) by amending paragraph (12) to read as follows:
``(12) shall, in accordance with rules issued by the
Administrator, provide that--
``(A) juveniles who are charged with or who have
committed an offense that would not be criminal if
committed by an adult, excluding--
``(i) juveniles who are charged with or who
have committed a violation of section 922(x)(2) of
title 18, United States Code, or of a similar
State law;
``(ii) juveniles who are charged with or who
have committed a violation of a valid court order;
and
``(iii) juveniles who are held in accordance
with the Interstate Compact on Juveniles as
enacted by the State;
shall not be placed in secure detention facilities or
secure correctional facilities; and
``(B) juveniles--
``(i) who are not charged with any offense;
and
``(ii) who are--
``(I) aliens; or
``(II) alleged to be dependent,
neglected, or abused;
shall not be placed in secure detention facilities or
secure correctional facilities;'',
(J) by amending paragraph (13) to read as follows:
``(13) provide that--
``(A) juveniles alleged to be or found to be
delinquent or juveniles within the purview of paragraph
(11) will not be detained or confined in any institution
in which they have contact with adult inmates; and
[[Page 116 STAT. 1877]]
``(B) there is in effect in the State a policy that
requires individuals who work with both such juveniles
and such adult inmates, including in collocated
facilities, have been trained and certified to work with
juveniles;'',
(K) by amending paragraph (14) to read as follows:
``(14) provide that no juvenile will be detained or confined
in any jail or lockup for adults except--
``(A) juveniles who are accused of nonstatus
offenses and who are detained in such jail or lockup for
a period not to exceed 6 hours--
``(i) for processing or release;
``(ii) while awaiting transfer to a juvenile
facility; or
``(iii) in which period such juveniles make a
court appearance;
and only if such juveniles do not have contact with
adult inmates and only if there is in effect in the
State a policy that requires individuals who work with
both such juveniles and adult inmates in collocated
facilities have been trained and certified to work with
juveniles;
``(B) juveniles who are accused of nonstatus
offenses, who are awaiting an initial court appearance
that will occur within 48 hours after being taken into
custody (excluding Saturdays, Sundays, and legal
holidays), and who are detained in a jail or lockup--
``(i) in which--
``(I) such juveniles do not have
contact with adult inmates; and
``(II) there is in effect in the
State a policy that requires individuals
who work with both such juveniles and
adults inmates in collocated facilities
have been trained and certified to work
with juveniles; and
``(ii) that--
``(I) is located outside a
metropolitan statistical area (as
defined by the Office of Management and
Budget) and has no existing acceptable
alternative placement available;
``(II) is located where conditions
of distance to be traveled or the lack
of highway, road, or transportation do
not allow for court appearances within
48 hours (excluding Saturdays, Sundays,
and legal holidays) so that a brief (not
to exceed an additional 48 hours) delay
is excusable; or
``(III) is located where conditions
of safety exist (such as severe adverse,
life-threatening weather conditions that
do not allow for reasonably safe
travel), in which case the time for an
appearance may be delayed until 24 hours
after the time that such conditions
allow for reasonable safe travel;'';
(L) in paragraph (15)--
(i) by striking ``paragraph (12)(A), paragraph
(13), and paragraph (14)'' and inserting
``paragraphs (11), (12), and (13)'', and
(ii) by striking ``paragraph (12)(A) and
paragraph (13)'' and inserting ``paragraphs (11)
and (12)'',
[[Page 116 STAT. 1878]]
(M) in paragraph (16) by striking ``mentally,
emotionally, or physically handicapping conditions'' and
inserting ``disability'',
(N) by amending paragraph (19) to read as follows:
``(19) provide assurances that--
``(A) any assistance provided under this Act will
not cause the displacement (including a partial
displacement, such as a reduction in the hours of
nonovertime work, wages, or employment benefits) of any
currently employed employee;
``(B) activities assisted under this Act will not
impair an existing collective bargaining relationship,
contract for services, or collective bargaining
agreement; and
``(C) no such activity that would be inconsistent
with the terms of a collective bargaining agreement
shall be undertaken without the written concurrence of
the labor organization involved;'',
(O) by amending paragraph (22) to read as follows:
``(22) provide that the State agency designated under
paragraph (1) will--
``(A) to the extent practicable give priority in
funding to programs and activities that are based on
rigorous, systematic, and objective research that is
scientifically based;
``(B) from time to time, but not less than annually,
review its plan and submit to the Administrator an
analysis and evaluation of the effectiveness of the
programs and activities carried out under the plan, and
any modifications in the plan, including the survey of
State and local needs, that it considers necessary; and
``(C) not expend funds to carry out a program if the
recipient of funds who carried out such program during
the preceding 2-year period fails to demonstrate, before
the expiration of such 2-year period, that such program
achieved substantial success in achieving the goals
specified in the application submitted by such recipient
to the State agency;'',
(P) by amending paragraph (23) to read as follows:
``(23) address juvenile delinquency prevention efforts and
system improvement efforts designed to reduce, without
establishing or requiring numerical standards or quotas, the
disproportionate number of juvenile members of minority groups,
who come into contact with the juvenile justice system;'',
(Q) by amending paragraph (24) to read as follows:
``(24) provide that if a juvenile is taken into custody for
violating a valid court order issued for committing a status
offense--
``(A) an appropriate public agency shall be promptly
notified that such juvenile is held in custody for
violating such order;
``(B) <<NOTE: Deadline.>> not later than 24 hours
during which such juvenile is so held, an authorized
representative of such agency shall interview, in
person, such juvenile; and
``(C) <<NOTE: Deadline.>> not later than 48 hours
during which such juvenile is so held--
[[Page 116 STAT. 1879]]
``(i) such representative shall submit an
assessment to the court that issued such order,
regarding the immediate needs of such juvenile;
and
``(ii) such court shall conduct a hearing to
determine--
``(I) whether there is reasonable
cause to believe that such juvenile
violated such order; and
``(II) the appropriate placement of
such juvenile pending disposition of the
violation alleged;'',
(R) in paragraph (25)--
(i) by striking ``1992'' and inserting
``2000'', and
(ii) by striking the period at the end and
inserting a semicolon,
(S) by redesignating paragraphs (7) through (25) as
paragraphs (6) through (24), respectively, and
(T) by adding at the end the following:
``(25) specify a percentage (if any), not to exceed 5
percent, of funds received by the State under section 222 (other
than funds made available to the State advisory group under
section 222(d)) that the State will reserve for expenditure by
the State to provide incentive grants to units of general local
government that reduce the caseload of probation officers within
such units;
``(26) provide that the State, to the maximum extent
practicable, will implement a system to ensure that if a
juvenile is before a court in the juvenile justice system,
public child welfare records (including child protective
services records) relating to such juvenile that are on file in
the geographical area under the jurisdiction of such court will
be made known to such court;
``(27) establish policies and systems to incorporate
relevant child protective services records into juvenile justice
records for purposes of establishing and implementing treatment
plans for juvenile offenders; and
``(28) provide assurances that juvenile offenders whose
placement is funded through section 472 of the Social Security
Act (42 U.S.C. 672) receive the protections specified in section
471 of such Act (42 U.S.C. 671), including a case plan and case
plan review as defined in section 475 of such Act (42 U.S.C.
675).'',
(2) by amending subsection (c) to read as follows:
``(c) If a State fails to comply with any of the applicable
requirements of paragraphs (11), (12), (13), and (22) of subsection (a)
in any fiscal year beginning after September 30, 2001, then--
``(1) subject to paragraph (2), the amount allocated to such
State under section 222 for the subsequent fiscal year shall be
reduced by not less than 20 percent for each such paragraph with
respect to which the failure occurs, and
``(2) the State shall be ineligible to receive any
allocation under such section for such fiscal year unless--
``(A) the State agrees to expend 50 percent of the
amount allocated to the State for such fiscal year to
achieve compliance with any such paragraph with respect
to which the State is in noncompliance; or
``(B) the Administrator determines that the State--
``(i) has achieved substantial compliance with
such applicable requirements with respect to which
the State was not in compliance; and
[[Page 116 STAT. 1880]]
``(ii) has made, through appropriate executive
or legislative action, an unequivocal commitment
to achieving full compliance with such applicable
requirements within a reasonable time.'',
(3) in subsection (d)--
(A) by striking ``allotment'' and inserting
``allocation'', and
(B) by striking ``subsection (a) (12)(A), (13), (14)
and (23)'' each place it appears and inserting
``paragraphs (11), (12), (13), and (22) of subsection
(a)'', and
(4) by adding at the end the following:
``(e) Notwithstanding any other provision of law, the
Administrator shall establish appropriate administrative and supervisory
board membership requirements for a State agency designated under
subsection (a)(1) and permit the State advisory group appointed under
subsection (a)(3) to operate as the supervisory board for such agency,
at the discretion of the chief executive officer of the State.
``(f) Technical Assistance.--
``(1) In general.--The Administrator shall provide technical
and financial assistance to an eligible organization composed of
member representatives of the State advisory groups appointed
under subsection (a)(3) to assist such organization to carry out
the functions specified in paragraph (2).
``(2) Assistance.--To be eligible to receive such
assistance, such organization shall agree to carry out
activities that include--
``(A) conducting an annual conference of such member
representatives for purposes relating to the activities
of such State advisory groups;
``(B) disseminating information, data, standards,
advanced techniques, and program models;
``(C) reviewing Federal policies regarding juvenile
justice and delinquency prevention;
``(D) advising the Administrator with respect to
particular functions or aspects of the work of the
Office; and
``(E) advising the President and Congress with
regard to State perspectives on the operation of the
Office and Federal legislation pertaining to juvenile
justice and delinquency prevention.''.
SEC. 12210. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended--
(1) <<NOTE: 42 USC 56513et seq.>> by striking parts C, D, E,
F, G, and H,
(2) <<NOTE: 42 USC 5667g-- 5667g-5.>> by striking the 1st
part I,
(3) by redesignating the 2d part I as part F, and
(4) by inserting after part B the following:
``PART C--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM
``SEC. 241. <<NOTE: 42 USC 5651.>> AUTHORITY TO MAKE GRANTS.
``(a) Grants to Eligible States.--The Administrator may make grants
to eligible States, from funds allocated under section 242, for the
purpose of providing financial assistance to eligible
[[Page 116 STAT. 1881]]
entities to carry out projects designed to prevent juvenile delinquency,
including--
``(1) projects that provide treatment (including treatment
for mental health problems) to juvenile offenders, and juveniles
who are at risk of becoming juvenile offenders, who are victims
of child abuse or neglect or who have experienced violence in
their homes, at school, or in the community, and to their
families, in order to reduce the likelihood that such juveniles
will commit violations of law;
``(2) educational projects or supportive services for
delinquent or other juveniles--
``(A) to encourage juveniles to remain in elementary
and secondary schools or in alternative learning
situations in educational settings;
``(B) to provide services to assist juveniles in
making the transition to the world of work and self-
sufficiency;
``(C) to assist in identifying learning difficulties
(including learning disabilities);
``(D) to prevent unwarranted and arbitrary
suspensions and expulsions;
``(E) to encourage new approaches and techniques
with respect to the prevention of school violence and
vandalism;
``(F) which assist law enforcement personnel and
juvenile justice personnel to more effectively recognize
and provide for learning-disabled and other juveniles
with disabilities;
``(G) which develop locally coordinated policies and
programs among education, juvenile justice, and social
service agencies; or
``(H) to provide services to juveniles with serious
mental and emotional disturbances (SED) in need of
mental health services;
``(3) projects which expand the use of probation officers--
``(A) particularly for the purpose of permitting
nonviolent juvenile offenders (including status
offenders) to remain at home with their families as an
alternative to incarceration or institutionalization;
and
``(B) to ensure that juveniles follow the terms of
their probation;
``(4) counseling, training, and mentoring programs, which
may be in support of academic tutoring, vocational and technical
training, and drug and violence prevention counseling, that are
designed to link at-risk juveniles, juvenile offenders, or
juveniles who have a parent or legal guardian who is or was
incarcerated in a Federal, State, or local correctional facility
or who is otherwise under the jurisdiction of a Federal, State,
or local criminal justice system, particularly juveniles
residing in low-income and high-crime areas and juveniles
experiencing educational failure, with responsible individuals
(such as law enforcement officers, Department of Defense
personnel, individuals working with local businesses, and
individuals working with community-based and faith-based
organizations and agencies) who are properly screened and
trained;
``(5) community-based projects and services (including
literacy and social service programs) which work with juvenile
offenders and juveniles who are at risk of becoming juvenile
offenders, including those from families with limited English-
[[Page 116 STAT. 1882]]
speaking proficiency, their parents, their siblings, and other
family members during and after incarceration of the juvenile
offenders, in order to strengthen families, to allow juvenile
offenders to be retained in their homes, and to prevent the
involvement of other juvenile family members in delinquent
activities;
``(6) projects designed to provide for the treatment
(including mental health services) of juveniles for dependence
on or abuse of alcohol, drugs, or other harmful substances;
``(7) projects which leverage funds to provide scholarships
for postsecondary education and training for low-income
juveniles who reside in neighborhoods with high rates of
poverty, violence, and drug-related crimes;
``(8) projects which provide for an initial intake screening
of each juvenile taken into custody--
``(A) to determine the likelihood that such juvenile
will commit a subsequent offense; and
``(B) to provide appropriate interventions
(including mental health services) to prevent such
juvenile from committing subsequent offenses;
``(9) projects (including school- or community-based
projects) that are designed to prevent, and reduce the rate of,
the participation of juveniles in gangs that commit crimes
(particularly violent crimes), that unlawfully use firearms and
other weapons, or that unlawfully traffic in drugs and that
involve, to the extent practicable, families and other community
members (including law enforcement personnel and members of the
business community) in the activities conducted under such
projects;
``(10) comprehensive juvenile justice and delinquency
prevention projects that meet the needs of juveniles through the
collaboration of the many local service systems juveniles
encounter, including schools, courts, law enforcement agencies,
child protection agencies, mental health agencies, welfare
services, health care agencies (including collaboration on
appropriate prenatal care for pregnant juvenile offenders),
private nonprofit agencies, and public recreation agencies
offering services to juveniles;
``(11) to develop, implement, and support, in conjunction
with public and private agencies, organizations, and businesses,
projects for the employment of juveniles and referral to job
training programs (including referral to Federal job training
programs);
``(12) delinquency prevention activities which involve youth
clubs, sports, recreation and parks, peer counseling and
teaching, the arts, leadership development, community service,
volunteer service, before- and after-school programs, violence
prevention activities, mediation skills training, camping,
environmental education, ethnic or cultural enrichment,
tutoring, and academic enrichment;
``(13) to establish policies and systems to incorporate
relevant child protective services records into juvenile justice
records for purposes of establishing treatment plans for
juvenile offenders;
``(14) programs that encourage social competencies, problem-
solving skills, and communication skills, youth leadership, and
civic involvement;
[[Page 116 STAT. 1883]]
``(15) programs that focus on the needs of young girls at-
risk of delinquency or status offenses;
``(16) projects which provide for--
``(A) an assessment by a qualified mental health
professional of incarcerated juveniles who are suspected
to be in need of mental health services;
``(B) the development of an individualized treatment
plan for those incarcerated juveniles determined to be
in need of such services;
``(C) the inclusion of a discharge plan for
incarcerated juveniles receiving mental health services
that addresses aftercare services; and
``(D) all juveniles receiving psychotropic
medications to be under the care of a licensed mental
health professional;
``(17) after-school programs that provide at-risk juveniles
and juveniles in the juvenile justice system with a range of
age-appropriate activities, including tutoring, mentoring, and
other educational and enrichment activities;
``(18) programs related to the establishment and maintenance
of a school violence hotline, based on a public-private
partnership, that students and parents can use to report
suspicious, violent, or threatening behavior to local school and
law enforcement authorities;
``(19) programs (excluding programs to purchase guns from
juveniles) designed to reduce the unlawful acquisition and
illegal use of guns by juveniles, including partnerships between
law enforcement agencies, health professionals, school
officials, firearms manufacturers, consumer groups, faith-based
groups and community organizations;
``(20) programs designed to prevent animal cruelty by
juveniles and to counsel juveniles who commit animal cruelty
offenses, including partnerships among law enforcement agencies,
animal control officers, social services agencies, and school
officials;
``(21) programs that provide suicide prevention services for
incarcerated juveniles and for juveniles leaving the
incarceration system;
``(22) programs to establish partnerships between State
educational agencies and local educational agencies for the
design and implementation of character education and training
programs that reflect the values of parents, teachers, and local
communities, and incorporate elements of good character,
including honesty, citizenship, courage, justice, respect,
personal responsibility, and trustworthiness;
``(23) programs that foster strong character development in
at-risk juveniles and juveniles in the juvenile justice system;
``(24) local programs that provide for immediate
psychological evaluation and follow-up treatment (including
evaluation and treatment during a mandatory holding period for
not less than 24 hours) for juveniles who bring a gun on school
grounds without permission from appropriate school authorities;
and
``(25) other activities that are likely to prevent juvenile
delinquency.
``(b) Grants to Eligible Indian Tribes.--The Administrator may make
grants to eligible Indian tribes from funds allocated
[[Page 116 STAT. 1884]]
under section 242(b), to carry out projects of the kinds described in
subsection (a).
``SEC. 242. <<NOTE: 42 USC 5652.>> ALLOCATION.
``(a) Allocation Among Eligible States.--Subject to subsection (b),
funds appropriated to carry out this part shall be allocated among
eligible States proportionately based on the population that is less
than 18 years of age in the eligible States.
``(b) Allocation Among Indian Tribes Collectively.--Before
allocating funds under subsection (a) among eligible States, the
Administrator shall allocate among eligible Indian tribes as determined
under section 246(a), an aggregate amount equal to the amount such
tribes would be allocated under subsection (a), and without regard to
this subsection, if such tribes were treated collectively as an eligible
State.
``SEC. 243. <<NOTE: 42 USC 5653.>> ELIGIBILITY OF STATES.
``(a) Application.--To be eligible to receive a grant under section
241, a State shall submit to the Administrator an application that
contains the following:
``(1) An assurance that the State will use--
``(A) not more than 5 percent of such grant, in the
aggregate, for--
``(i) the costs incurred by the State to carry
out this part; and
``(ii) to evaluate, and provide technical
assistance relating to, projects and activities
carried out with funds provided under this part;
and
``(B) the remainder of such grant to make grants
under section 244.
``(2) An assurance that, and a detailed description of how,
such grant will supplement, and not supplant State and local
efforts to prevent juvenile delinquency.
``(3) An assurance that such application was prepared after
consultation with and participation by the State advisory group,
community-based organizations, and organizations in the local
juvenile justice system, that carry out programs, projects, or
activities to prevent juvenile delinquency.
``(4) An assurance that the State advisory group will be
afforded the opportunity to review and comment on all grant
applications submitted to the State agency.
``(5) An assurance that each eligible entity described in
section 244 that receives an initial grant under section 244 to
carry out a project or activity shall also receive an assurance
from the State that such entity will receive from the State, for
the subsequent fiscal year to carry out such project or
activity, a grant under such section in an amount that is
proportional, based on such initial grant and on the amount of
the grant received under section 241 by the State for such
subsequent fiscal year, but that does not exceed the amount
specified for such subsequent fiscal year in such application as
approved by the State.
``(6) Such other information and assurances as the
Administrator may reasonably require by rule.
``(b) Approval of Applications.--
``(1) Approval required.--Subject to paragraph (2), the
Administrator shall approve an application, and amendments
[[Page 116 STAT. 1885]]
to such application submitted in subsequent fiscal years, that
satisfy the requirements of subsection (a).
``(2) Limitation.--The Administrator may not approve such
application (including amendments to such application) for a
fiscal year unless--
``(A)(i) the State submitted a plan under section
223 for such fiscal year; and
``(ii) such plan is approved by the Administrator
for such fiscal year; or
``(B) the Administrator waives the application of
subparagraph (A) to such State for such fiscal year,
after finding good cause for such a waiver.
``SEC. 244. <<NOTE: 42 USC 5654.>> GRANTS FOR LOCAL PROJECTS.
``(a) Grants by States.--Using a grant received under section 241, a
State may make grants to eligible entities whose applications are
received by the State, and reviewed by the State advisory group, to
carry out projects and activities described in section 241.
``(b) Special Consideration.--For purposes of making grants under
subsection (a), the State shall give special consideration to eligible
entities that--
``(1) propose to carry out such projects in geographical
areas in which there is--
``(A) a disproportionately high level of serious
crime committed by juveniles; or
``(B) a recent rapid increase in the number of
nonstatus offenses committed by juveniles;
``(2)(A) agreed to carry out such projects or activities
that are multidisciplinary and involve more than 2 private
nonprofit agencies, organizations, and institutions that have
experience dealing with juveniles; or
``(B) represent communities that have a comprehensive plan
designed to identify at-risk juveniles and to prevent or reduce
the rate of juvenile delinquency, and that involve other
entities operated by individuals who have a demonstrated history
of involvement in activities designed to prevent juvenile
delinquency; and
``(3) the amount of resources (in cash or in kind) such
entities will provide to carry out such projects and activities.
``SEC. 245. <<NOTE: 42 USC 5655.>> ELIGIBILITY OF ENTITIES.
``(a) Eligibility.--Except as provided in subsection (b), to be
eligible to receive a grant under section 244, a unit of general purpose
local government, acting jointly with not fewer than 2 private nonprofit
agencies, organizations, and institutions that have experience dealing
with juveniles, shall submit to the State an application that contains
the following:
``(1) An assurance that such applicant will use such grant,
and each such grant received for the subsequent fiscal year, to
carry out throughout a 2-year period a project or activity
described in reasonable detail, and of a kind described in one
or more of paragraphs (1) through (25) of section 241(a) as
specified in, such application.
``(2) A statement of the particular goals such project or
activity is designed to achieve, and the methods such entity
will use to achieve, and assess the achievement of, each of such
goals.
[[Page 116 STAT. 1886]]
``(3) A statement identifying the research (if any) such
entity relied on in preparing such application.
``(b) Limitation.--If an eligible entity that receives a grant under
section 244 to carry out a project or activity for a 2-year period, and
receives technical assistance from the State or the Administrator after
requesting such technical assistance (if any), fails to demonstrate,
before the expiration of such 2-year period, that such project or such
activity has achieved substantial success in achieving the goals
specified in the application submitted by such entity to receive such
grants, then such entity shall not be eligible to receive any subsequent
grant under such section to continue to carry out such project or
activity.
``SEC. 246. <<NOTE: 42 USC 5656.>> GRANTS TO INDIAN TRIBES.
``(a) Eligibility.--
``(1) Application.--To be eligible to receive a grant under
section 241(b), an Indian tribe shall submit to the
Administrator an application in accordance with this section, in
such form and containing such information as the Administrator
may require by rule.
``(2) Plans.--Such application shall include a plan for
conducting programs, projects, and activities described in
section 241(a), which plan shall--
``(A) provide evidence that the applicant Indian
tribe performs law enforcement functions (as determined
by the Secretary of the Interior);
``(B) identify the juvenile justice and delinquency
problems and juvenile delinquency prevention needs to be
addressed by activities conducted with funds provided by
the grant for which such application is submitted, by
the Indian tribe in the geographical area under the
jurisdiction of the Indian tribe;
``(C) provide for fiscal control and accounting
procedures that--
``(i) are necessary to ensure the prudent use,
proper disbursement, and accounting of grants
received by applicants under this section; and
``(ii) are consistent with the requirement
specified in subparagraph (B); and
``(D) comply with the requirements specified in
section 223(a) (excluding any requirement relating to
consultation with a State advisory group) and with the
requirements specified in section 222(c); and
``(E) contain such other information, and be subject
to such additional requirements, as the Administrator
may reasonably require by rule to ensure the
effectiveness of the projects for which grants are made
under section 241(b).
``(b) Factors for Consideration.--For the purpose of selecting
eligible applicants to receive grants under section 241(b), the
Administrator shall consider--
``(1) the resources that are available to each applicant
Indian tribe that will assist, and be coordinated with, the
overall juvenile justice system of the Indian tribe; and
``(2) with respect to each such applicant--
``(A) the juvenile population; and
[[Page 116 STAT. 1887]]
``(B) the population and the entities that will be
served by projects proposed to be carried out with the
grant for which the application is submitted.
``(c) Grant Process.--
``(1) Selection of grant recipients.--
``(A) Selection Requirements.--Except as provided in
paragraph (2), the Administrator shall--
``(i) make grants under this section on a
competitive basis; and
``(ii) specify in writing to each applicant
selected to receive a grant under this section,
the terms and conditions on which such grant is
made to such applicant.
``(B) Period of grant.--A grant made under this
section shall be available for expenditure during a 2-
year period.
``(2) Exception.--If--
``(A) in the 2-year period for which a grant made
under this section shall be expended, the recipient of
such grant applies to receive a subsequent grant under
this section; and
``(B) the Administrator determines that such
recipient performed during the year preceding the 2-year
period for which such recipient applies to receive such
subsequent grant satisfactorily and in accordance with
the terms and conditions applicable to the grant
received;
then the Administrator may waive the application of the
competition-based requirement specified in paragraph (1)(A)(i)
and may allow the applicant to incorporate by reference in the
current application the text of the plan contained in the
recipient's most recent application previously approved under
this section.
``(3) Authority to modify application process for subsequent
grants.--The Administrator may modify by rule the operation of
subsection (a) with respect to the submission and contents of
applications for subsequent grants described in paragraph (2).
``(d) Reporting Requirement.--Each Indian tribe that receives a
grant under this section shall be subject to the fiscal accountability
provisions of section 5(f)(1) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to the
submission of a single-agency audit report required by chapter 75 of
title 31, United States Code.
``(e) Matching Requirement.--(1) Funds appropriated for the
activities of any agency of an Indian tribal government or the Bureau of
Indian Affairs performing law enforcement functions on any Indian lands
may be used to provide the non-Federal share of any program or project
with a matching requirement funded under this section.
``(2) Paragraph (1) shall not apply with respect to funds
appropriated before the date of the enactment of the Juvenile Justice
and Delinquency Prevention Act of 2002.
``(3) If the Administrator determines that an Indian tribe does not
have sufficient funds available to meet the non-Federal share of the
cost of any program or activity to be funded under the grant, the
Administrator may increase the Federal share of the cost thereof to the
extent the Administrator deems necessary.''.
[[Page 116 STAT. 1888]]
SEC. 12211. RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part C, as
added by section 12510, the following:
``PART D--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING
``SEC. 251. <<NOTE: 42 USC 5661.>> RESEARCH AND EVALUATION; STATISTICAL
ANALYSES; INFORMATION DISSEMINATION.
``(a) Research and Evaluation.--(1) The Administrator may--
``(A) plan and identify the purposes and goals of all
agreements carried out with funds provided under this
subsection; and
``(B) conduct research or evaluation in juvenile justice
matters, for the purpose of providing research and evaluation
relating to--
``(i) the prevention, reduction, and control of
juvenile delinquency and serious crime committed by
juveniles;
``(ii) the link between juvenile delinquency and the
incarceration of members of the families of juveniles;
``(iii) successful efforts to prevent first-time
minor offenders from committing subsequent involvement
in serious crime;
``(iv) successful efforts to prevent recidivism;
``(v) the juvenile justice system;
``(vi) juvenile violence;
``(vii) appropriate mental health services for
juveniles and youth at risk of participating in
delinquent activities;
``(viii) reducing the proportion of juveniles
detained or confined in secure detention facilities,
secure correctional facilities, jails, and lockups who
are members of minority groups;
``(ix) evaluating services, treatment, and aftercare
placement of juveniles who were under the care of the
State child protection system before their placement in
the juvenile justice system;
``(x) determining--
``(I) the frequency, seriousness, and
incidence of drug use by youth in schools and
communities in the States using, if appropriate,
data submitted by the States pursuant to this
subparagraph and subsection (b); and
``(II) the frequency, degree of harm, and
morbidity of violent incidents, particularly
firearm-related injuries and fatalities, by youth
in schools and communities in the States,
including information with respect to--
``(aa) the relationship between
victims and perpetrators;
``(bb) demographic characteristics
of victims and perpetrators; and
``(cc) the type of weapons used in
incidents, as classified in the Uniform
Crime Reports of the Federal Bureau of
Investigation; and
[[Page 116 STAT. 1889]]
``(xi) other purposes consistent with the purposes
of this title and title I.
``(2) The Administrator shall ensure that an equitable amount of
funds available to carry out paragraph (1)(B) is used for research and
evaluation relating to the prevention of juvenile delinquency.
``(3) Nothing in this subsection shall be construed to permit the
development of a national database of personally identifiable
information on individuals involved in studies, or in data-collection
efforts, carried out under paragraph (1)(B)(x).
``(4) Not later than 1 year after the date of enactment of this
paragraph,the Administrator shall conduct a study with respect to
juveniles who, prior to placement in the juvenile justice system, were
under the care or custody of the State child welfare system, and to
juveniles who are unable to return to their family after completing
their disposition in the juvenile justice system and who remain wards of
the State. Such study shall include--
``(A) the number of juveniles in each category;
``(B) the extent to which State juvenile justice systems and
child welfare systems are coordinating services and treatment
for such juveniles;
``(C) the Federal and local sources of funds used for
placements and post-placement services;
``(D) barriers faced by State in providing services to these
juveniles;
``(E) the types of post-placement services used;
``(F) the frequency of case plans and case plan reviews; and
``(G) the extent to which case plans identify and address
permanency and placement barriers and treatment plans.
``(b) Statistical Analyses.--The Administrator may--
``(1) plan and identify the purposes and goals of all
agreements carried out with funds provided under this
subsection; and
``(2) undertake statistical work in juvenile justice
matters, for the purpose of providing for the collection,
analysis, and dissemination of statistical data and information
relating to juvenile delinquency and serious crimes committed by
juveniles, to the juvenile justice system, to juvenile violence,
and to other purposes consistent with the purposes of this title
and title I.
``(c) Grant Authority and Competitive Selection Process.--The
Administrator may make grants and enter into contracts with public or
private agencies, organizations, or individuals and shall use a
competitive process, established by rule by the Administrator, to carry
out subsections (a) and (b).
``(d) Implementation of Agreements.--A Federal agency that makes an
agreement under subsections (a)(1)(B) and (b)(2) with the Administrator
may carry out such agreement directly or by making grants to or
contracts with public and private agencies, institutions, and
organizations.
``(e) Information Dissemination.--The Administrator may--
``(1) review reports and data relating to the juvenile
justice system in the United States and in foreign nations (as
appropriate), collect data and information from studies and
research into all aspects of juvenile delinquency (including the
causes, prevention, and treatment of juvenile delinquency) and
serious crimes committed by juveniles;
[[Page 116 STAT. 1890]]
``(2) establish and operate, directly or by contract, a
clearinghouse and information center for the preparation,
publication, and dissemination of information relating to
juvenile delinquency, including State and local prevention and
treatment programs, plans, resources, and training and technical
assistance programs; and
``(3) make grants and contracts with public and private
agencies, institutions, and organizations, for the purpose of
disseminating information to representatives and personnel of
public and private agencies, including practitioners in juvenile
justice, law enforcement, the courts, corrections, schools, and
related services, in the establishment, implementation, and
operation of projects and activities for which financial
assistance is provided under this title.
``SEC. 252. <<NOTE: 42 USC 5662.>> TRAINING AND TECHNICAL ASSISTANCE.
``(a) Training.--The Administrator may--
``(1) develop and carry out projects for the purpose of
training representatives and personnel of public and private
agencies, including practitioners in juvenile justice, law
enforcement, courts (including model juvenile and family
courts), corrections, schools, and related services, to carry
out the purposes specified in section 102; and
``(2) make grants to and contracts with public and private
agencies, institutions, and organizations for the purpose of
training representatives and personnel of public and private
agencies, including practitioners in juvenile justice, law
enforcement, courts (including model juvenile and family
courts), corrections, schools, and related services, to carry
out the purposes specified in section 102.
``(b) Technical Assistance.--The Administrator may--
``(1) develop and implement projects for the purpose of
providing technical assistance to representatives and personnel
of public and private agencies and organizations, including
practitioners in juvenile justice, law enforcement, courts
(including model juvenile and family courts), corrections,
schools, and related services, in the establishment,
implementation, and operation of programs, projects, and
activities for which financial assistance is provided under this
title; and
``(2) make grants to and contracts with public and private
agencies, institutions, and organizations, for the purpose of
providing technical assistance to representatives and personnel
of public and private agencies, including practitioners in
juvenile justice, law enforcement, courts (including model
juvenile and family courts), corrections, schools, and related
services, in the establishment, implementation, and operation of
programs, projects, and activities for which financial
assistance is provided under this title.
``(c) Training and Technical Assistance to Mental Health
Professionals and Law Enforcement Personnel.--The Administrator shall
provide training and technical assistance to mental health professionals
and law enforcement personnel (including public defenders, police
officers, probation officers, judges, parole officials, and correctional
officers) to address or to promote the development, testing, or
demonstration of promising or innovative models (including model
juvenile and family courts), programs, or delivery systems that address
the needs of juveniles who are
[[Page 116 STAT. 1891]]
alleged or adjudicated delinquent and who, as a result of such status,
are placed in secure detention or confinement or in nonsecure
residential placements.''.
SEC. 12212. DEMONSTRATION PROJECTS.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part D, as
added by section 12511, the following:
``PART E--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW
INITIATIVES AND PROGRAMS
``SEC. 261. <<NOTE: 42 USC 5665.>> GRANTS AND PROJECTS.
``(a) Authority To Make Grants.--The Administrator may make grants
to and contracts with States, units of general local government, Indian
tribal governments, public and private agencies, organizations, and
individuals, or combinations thereof, to carry out projects for the
development, testing, and demonstration of promising initiatives and
programs for the prevention, control, or reduction of juvenile
delinquency. The Administrator shall ensure that, to the extent
reasonable and practicable, such grants are made to achieve an equitable
geographical distribution of such projects throughout the United States.
``(b) Use of Grants.--A grant made under subsection (a) may be used
to pay all or part of the cost of the project for which such grant is
made.
``SEC. 262. <<NOTE: 42 USC 5666.>> GRANTS FOR TECHNICAL ASSISTANCE.
``The Administrator may make grants to and contracts with public and
private agencies, organizations, and individuals to provide technical
assistance to States, units of general local government, Indian tribal
governments, local private entities or agencies, or any combination
thereof, to carry out the projects for which grants are made under
section 261.
``SEC. 263. <<NOTE: 42 USC 5667.>> ELIGIBILITY.
``To be eligible to receive a grant made under this part, a public
or private agency, Indian tribal government, organization, institution,
individual, or combination thereof shall submit an application to the
Administrator at such time, in such form, and containing such
information as the Administrator may reasonably require by rule.
``SEC. 264. <<NOTE: 42 USC 5668.>> REPORTS.
``Recipients of grants made under this part shall submit to the
Administrator such reports as may be reasonably requested by the
Administrator to describe progress achieved in carrying out the projects
for which such grants are made.''.
SEC. 12213. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5671) is amended--
(1) by striking subsection (e), and
(2) by striking subsections (a), (b), and (c), and inserting
the following:
[[Page 116 STAT. 1892]]
``(a) Authorization of Appropriations for Title II (Excluding Parts
C and E).--(1) There are authorized to be appropriated to carry out this
title such sums as may be appropriate for fiscal years 2003, 2004, 2005,
2006, and 2007.
``(2) Of such sums as are appropriated for a fiscal year to carry
out this title (other than parts C and E)--
``(A) not more than 5 percent shall be available to carry
out part A;
``(B) not less than 80 percent shall be available to carry
out part B; and
``(C) not more than 15 percent shall be available to carry
out part D.
``(b) Authorization of Appropriations for Part C.--There are
authorized to be appropriated to carry out part C such sums as may be
necessary for fiscal years 2003, 2004, 2005, 2006, and 2007.
``(c) Authorization of Appropriations for Part E.--There are
authorized to be appropriated to carry out part E, and authorized to
remain available until expended, such sums as may be necessary for
fiscal years 2003, 2004, 2005, 2006, and 2007.''.
SEC. 12214. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5672) is amended--
(1) in subsection (d) by striking ``as are consistent with
the purpose of this Act'' and inserting ``only to the extent
necessary to ensure that there is compliance with the specific
requirements of this title or to respond to requests for
clarification and guidance relating to such compliance'', and
(2) by adding at the end the following:
``(e) If a State requires by law compliance with the requirements
described in paragraphs (11), (12), and (13) of section 223(a), then for
the period such law is in effect in such State such State shall be
rebuttably presumed to satisfy such requirements.''.
SEC. 12215. USE OF FUNDS.
Section 299C(c) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5674(c)) is amended to read as follows:
``(c) No funds may be paid under this title to a residential program
(excluding a program in a private residence) unless--
``(1) there is in effect in the State in which such
placement or care is provided, a requirement that the provider
of such placement or such care may be licensed only after
satisfying, at a minimum, explicit standards of discipline that
prohibit neglect, and physical and mental abuse, as defined by
State law;
``(2) such provider is licensed as described in paragraph
(1) by the State in which such placement or care is provided;
and
``(3) in a case involving a provider located in a State that
is different from the State where the order for placement
originates, the chief administrative officer of the public
agency or the officer of the court placing the juvenile
certifies that such provider--
``(A) satisfies the originating State's explicit
licensing standards of discipline that prohibit neglect,
physical and mental abuse, and standards for education
and health care as defined by that State's law; and
[[Page 116 STAT. 1893]]
``(B) otherwise complies with the Interstate Compact
on the Placement of Children as entered into by such
other State.''.
SEC. 12216. LIMITATIONS ON USE OF FUNDS.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 12510, is amended adding at the end the following:
``SEC. 299F. <<NOTE: 42 USC 5677.>> LIMITATIONS ON USE OF FUNDS.
``None of the funds made available to carry out this title may be
used to advocate for, or support, the unsecured release of juveniles who
are charged with a violent crime.''.
SEC. 12217. RULES OF CONSTRUCTION.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 12510 and amended by section 12516, is amended adding at the end
the following:
``SEC. 299G. <<NOTE: 42 USC 5678.>> RULES OF CONSTRUCTION.
``Nothing in this title or title I shall be construed--
``(1) to prevent financial assistance from being awarded
through grants under this title to any otherwise eligible
organization; or
``(2) to modify or affect any Federal or State law relating
to collective bargaining rights of employees.''.
SEC. 12218. LEASING SURPLUS FEDERAL PROPERTY.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 12510 and amended by sections 12516 and 12517, is amended adding
at the end the following:
``SEC. 299H. <<NOTE: 42 USC 5679.>> LEASING SURPLUS FEDERAL PROPERTY.
``The Administrator may receive surplus Federal property (including
facilities) and may lease such property to States and units of general
local government for use in or as facilities for juvenile offenders, or
for use in or as facilities for delinquency prevention and treatment
activities.''.
SEC. 12219. ISSUANCE OF RULES.
Part F of title II or the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 12510 and amended by sections 12516, 12517, and 12518, is
amended adding at the end the following:
``SEC. 299I. <<NOTE: 42 USC 5680.>> ISSUANCE OF RULES.
``The Administrator shall issue rules to carry out this title,
including rules that establish procedures and methods for making grants
and contracts, and distributing funds available, to carry out this
title.''.
SEC. 12220. CONTENT OF MATERIALS.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 12510 and amended by sections 12516, 12517, 12518, and 12519, is
amended by adding at the end the following:
[[Page 116 STAT. 1894]]
``SEC. 299J. <<NOTE: 42 USC 5681.>> CONTENT OF MATERIALS.
``Materials produced, procured, or distributed both using funds
appropriated to carry out this Act and for the purpose of preventing
hate crimes that result in acts of physical violence, shall not
recommend or require any action that abridges or infringes upon the
constitutionally protected rights of free speech, religion, or equal
protection of juveniles or of their parents or legal guardians.''.
SEC. 12221. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Technical Amendments.--The Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended--
(1) <<NOTE: 42 USC 5612.>> in section 202(b) by striking
``prescribed for GS-18 of the General Schedule by section 5332''
and inserting ``payable under section 5376'',
(2) <<NOTE: 42 USC 5631.>> in section 221(b)(2) by striking
the last sentence,
(3) <<NOTE: 42 USC 5675.>> in section 299D by striking
subsection (d), and
(4) by striking title IV, as originally enacted by Public
Law 93-415 (88 Stat. 1132-1143).
(b) Conforming Amendments.--(1) The Victims of Child Abuse Act of
1990 (42 U.S.C. 13001 et seq.) is amended--
(A) <<NOTE: 42 USC 13002.>> in section 214(b)(1) by striking
``262, 293, and 296 of subpart II of title II'' and inserting
``299B and 299E'',
(B) <<NOTE: 42 USC 13003.>> in section 214A(c)(1) by
striking ``262, 293, and 296 of subpart II of title II'' and
inserting ``299B and 299E'',
(C) <<NOTE: 42 USC 13013.>> in section 217(c)(1) by striking
``sections 262, 293, and 296 of subpart II of title II'' and
inserting ``sections 299B and 299E'', and
(D) <<NOTE: 42 USC 13023.>> in section 223(c) by striking
``section 262, 293, and 296'' and inserting ``sections 262,
299B, and 299E''.
(2) Section 404(a)(5)(E) of the Missing Children's Assistance Act
(42 U.S.C. 5773) is amended by striking ``section 313'' and inserting
``section 331''.
SEC. 12222. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS.
(a) Amendment.--Title V of the of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5781-5785), as added by
Public Law 102-586, is amended to read as follows:
``TITLE V--INCENTIVE <<NOTE: Incentive Grants for Local Delinquency
Prevention Programs Act of 2002.>> GRANTS FOR LOCAL DELINQUENCY
PREVENTION PROGRAMS
``SEC. 501. <<NOTE: 42 USC 5601 note.>> SHORT TITLE.
``This title may be cited as the `Incentive Grants for Local
Delinquency Prevention Programs Act of 2002'.
``SEC. 502. <<NOTE: 42 USC 5781 note.>> DEFINITION.
``In this title, the term `State advisory group' means the advisory
group appointed by the chief executive officer of a State under a plan
described in section 223(a).
``SEC. 503. <<NOTE: 42 USC 5782.>> DUTIES AND FUNCTIONS OF THE
ADMINISTRATOR.
``The Administrator shall--
``(1) issue such rules as are necessary or appropriate to
carry out this title;
[[Page 116 STAT. 1895]]
``(2) make such arrangements as are necessary and
appropriate to facilitate coordination and policy development
among all activities funded through the Department of Justice
relating to delinquency prevention (including the preparation of
an annual comprehensive plan for facilitating such coordination
and policy development);
``(3) provide adequate staff and resources necessary to
properly carry out this title; and
``(4) <<NOTE: Deadline.>> not later than 180 days after the
end of each fiscal year, submit a report to the chairman of the
Committee on Education and the Workforce of the House of
Representatives and the chairman of the Committee on the
Judiciary of the Senate--
``(A) describing activities and accomplishments of
grant activities funded under this title;
``(B) describing procedures followed to disseminate
grant activity products and research findings;
``(C) describing activities conducted to develop
policy and to coordinate Federal agency and interagency
efforts related to delinquency prevention; and
``(D) identifying successful approaches and making
recommendations for future activities to be conducted
under this title.
``SEC. 504. <<NOTE: 42 USC 5783.>> GRANTS FOR DELINQUENCY PREVENTION
PROGRAMS.
``(a) Purposes.--The Administrator may make grants to a State, to be
transmitted through the State advisory group to units of local
government that meet the requirements of subsection (b), for delinquency
prevention programs and activities for juveniles who have had contact
with the juvenile justice system or who are likely to have contact with
the juvenile justice system, including the provision to juveniles and
their families of--
``(1) alcohol and substance abuse prevention services;
``(2) tutoring and remedial education, especially in reading
and mathematics;
``(3) child and adolescent health and mental health
services;
``(4) recreation services;
``(5) leadership and youth development activities;
``(6) the teaching that people are and should be held
accountable for their actions;
``(7) assistance in the development of job training skills;
and
``(8) other data-driven evidence based prevention programs.
``(b) Eligibility.--The requirements of this subsection are met with
respect to a unit of general local government if--
``(1) the unit is in compliance with the requirements of
part B of title II;
``(2) the unit has submitted to the State advisory group a
minimum 3-year comprehensive plan outlining the unit's local
front end plans for investment for delinquency prevention and
early intervention activities;
``(3) the unit has included in its application to the
Administrator for formula grant funds a summary of the minimum
3-year comprehensive plan described in paragraph (2);
``(4) pursuant to its minimum 3-year comprehensive plan, the
unit has appointed a local policy board of not fewer than
[[Page 116 STAT. 1896]]
15 and not more than 21 members, with balanced representation of
public agencies and private nonprofit organizations serving
juveniles, their families, and business and industry;
``(5) the unit has, in order to aid in the prevention of
delinquency, included in its application a plan for the
coordination of services to at-risk juveniles and their
families, including such programs as nutrition, energy
assistance, and housing;
``(6) the local policy board is empowered to make all
recommendations for distribution of funds and evaluation of
activities funded under this title; and
``(7) the unit or State has agreed to provide a 50 percent
match of the amount of the grant, including the value of in-kind
contributions, to fund the activity.
``(c) Priority.--In considering grant applications under this
section, the Administrator shall give priority to applicants that
demonstrate ability in--
``(1) plans for service and agency coordination and
collaboration including the colocation of services;
``(2) innovative ways to involve the private nonprofit and
business sector in delinquency prevention activities;
``(3) developing or enhancing a statewide subsidy program to
local governments that is dedicated to early intervention and
delinquency prevention;
``(4) coordinating and collaborating with programs
established in local communities for delinquency prevention
under part C of this subtitle; and
``(5) developing data-driven prevention plans, employing
evidence-based prevention strategies, and conducting program
evaluations to determine impact and effectiveness.
``SEC. 505. <<NOTE: 42 USC 5784.>> AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
such sums as may be necessary for fiscal years 2004, 2005, 2006, 2007,
and 2008.''.
(b) Effective <<NOTE: 42 USC 5781 note.>> Date; Application of
Amendment.--The amendment made by subsection (a) shall take effect on
October 1, 2002, and shall not apply with respect to grants made before
such date.
SEC. 12223. <<NOTE: 42 USC 5601 note.>> EFFECTIVE DATE; APPLICATION OF
AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this
subtitle and the amendments made by this subtitle shall take effect on
the date of the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply only with respect to fiscal years beginning after September
30, 2002.
Subtitle C--Juvenile Disposition Hearing
SEC. 12301. JUVENILE DISPOSITION HEARING.
Section 5037 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in the second sentence--
(i) by striking ``enter an order of
restitution pursuant to section 3556,''; and
[[Page 116 STAT. 1897]]
(ii) by inserting after ``official detention''
the following: ``which may include a term of
juvenile delinquent supervision to follow
detention''; and
(B) by inserting after the second sentence the
following: ``In addition, the court may enter an order
of restitution pursuant to section 3556.'';
(2) in subsection (b)--
(A) by striking the last sentence; and
(B) by adding at the end the following:
``The provisions dealing with probation set forth in sections 3563 and
3564 are applicable to an order placing a juvenile on probation. If the
juvenile violates a condition of probation at any time prior to the
expiration or termination of the term of probation, the court may, after
a dispositional hearing and after considering any pertinent policy
statements promulgated by the Sentencing Commission pursuant to section
994 of title 28, revoke the term of probation and order a term of
official detention. The term of official detention authorized upon
revocation of probation shall not exceed the terms authorized in section
5037(c)(2) (A) and (B). The application of sections 5037(c)(2) (A) and
(B) shall be determined based upon the age of the juvenile at the time
of the disposition of the revocation proceeding. If a juvenile is over
the age of 21 years old at the time of the revocation proceeding, the
mandatory revocation provisions of section 3565(b) are applicable. A
disposition of a juvenile who is over the age of 21 years shall be in
accordance with the provisions of section 5037(c)(2), except that in the
case of a juvenile who if convicted as an adult would be convicted of a
Class A, B, or C felony, no term of official detention may continue
beyond the juvenile's 26th birthday, and in any other case, no term of
official detention may continue beyond the juvenile's 24th birthday. A
term of official detention may include a term of juvenile delinquent
supervision.'';
(3) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``or'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) the maximum of the guideline range, pursuant
to section 994 of title 28, applicable to an otherwise
similarly situated adult defendant unless the court
finds an aggravating factor to warrant an upward
departure from the otherwise applicable guideline range;
or'';
(4) in subsection (c)(2)(A), by striking ``five years; or''
and inserting: ``the lesser of--
``(i) five years; or
``(ii) the maximum of the guideline range,
pursuant to section 994 of title 28, applicable to
an otherwise similarly situated adult defendant
unless the court finds an aggravating factor to
warrant an upward departure from the otherwise
applicable guideline range; or'';
(5) in subsection (c)(2)(B)--
(A) in clause (i), by striking ``or'';
(B) by redesignating clause (ii) as clause (iii);
and
(C) by inserting after clause (i) the following:
``(ii) the maximum of the guideline range,
pursuant to section 994 of title 28, applicable to
an otherwise
[[Page 116 STAT. 1898]]
similarly situated adult defendant unless the
court finds an aggravating factor to warrant an
upward departure from the otherwise applicable
guideline range; or'';
(6) by redesignating subsection (d) as subsection (e); and
(7) by inserting after subsection (c) the following:
``(d)(1) The court, in ordering a term of official detention, may
include the requirement that the juvenile be placed on a term of
juvenile delinquent supervision after official detention.
``(2) The term of juvenile delinquent supervision that may be
ordered for a juvenile found to be a juvenile delinquent may not
extend--
``(A) in the case of a juvenile who is less than 18 years
old, a term that extends beyond the date when the juvenile
becomes 21 years old; or
``(B) in the case of a juvenile who is between 18 and 21
years old, a term that extends beyond the maximum term of
official detention set forth in section 5037(c)(2) (A) and (B),
less the term of official detention ordered.
``(3) The provisions dealing with probation set forth in sections
3563 and 3564 are applicable to an order placing a juvenile on juvenile
delinquent supervision.
``(4) The court may modify, reduce, or enlarge the conditions of
juvenile delinquent supervision at any time prior to the expiration or
termination of the term of supervision after a dispositional hearing and
after consideration of the provisions of section 3563 regarding the
initial setting of the conditions of probation.
``(5) If the juvenile violates a condition of juvenile delinquent
supervision at any time prior to the expiration or termination of the
term of supervision, the court may, after a dispositional hearing and
after considering any pertinent policy statements promulgated by the
Sentencing Commission pursuant to section 994 of title 18, revoke the
term of supervision and order a term of official detention. The term of
official detention which is authorized upon revocation of juvenile
delinquent supervision shall not exceed the term authorized in section
5037(c)(2) (A) and (B), less any term of official detention previously
ordered. The application of sections 5037(c)(2) (A) and (B) shall be
determined based upon the age of the juvenile at the time of the
disposition of the revocation proceeding. If a juvenile is over the age
of 21 years old at the time of the revocation proceeding, the mandatory
revocation provisions of section 3565(b) are applicable. A disposition
of a juvenile who is over the age of 21 years old shall be in accordance
with the provisions of section 5037(c)(2), except that in the case of a
juvenile who if convicted as an adult would be convicted of a Class A,
B, or C felony, no term of official detention may continue beyond the
juvenile's 26th birthday, and in any other case, no term of official
detention may continue beyond the juvenile's 24th birthday.
``(6) When a term of juvenile delinquent supervision is revoked and
the juvenile is committed to official detention, the court may include a
requirement that the juvenile be placed on a term of juvenile delinquent
supervision. Any term of juvenile delinquent supervision ordered
following revocation for a juvenile who is over the age of 21 years old
at the time of the revocation proceeding shall be in accordance with the
provisions of section 5037(d)(1), except that in the case of a juvenile
who if convicted as an adult
[[Page 116 STAT. 1899]]
would be convicted of a Class A, B, or C felony, no term of juvenile
delinquent supervision may continue beyond the juvenile's 26th birthday,
and in any other case, no term of juvenile delinquent supervision may
continue beyond the juvenile's 24th birthday.''.
TITLE III--INTELLECTUAL PROPERTY
Subtitle A--Patent <<NOTE: Patent and Trademark Office Authorization Act
of 2002.>> and Trademark Office Authorization
SEC. 13101. SHORT TITLE.
This subtitle may be cited as the ``Patent and Trademark Office
Authorization Act of 2002''.
SEC. 13102. <<NOTE: 35 USC 42 note.>> AUTHORIZATION OF AMOUNTS AVAILABLE
TO THE PATENT AND TRADEMARK OFFICE.
(a) In General.--There are authorized to be appropriated to the
United States Patent and Trademark Office for salaries and necessary
expenses for each of the fiscal years 2003 through 2008 an amount equal
to the fees estimated by the Secretary of Commerce to be collected in
each such fiscal year, respectively, under--
(1) title 35, United States Code; and
(2) the Act entitled ``An Act to provide for the
registration and protection of trademarks used in commerce, to
carry out the provisions of certain international conventions,
and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051
et seq.) (commonly referred to as the Trademark Act of 1946).
(b) Estimates.--Not <<NOTE: Deadline.>> later than February 15, of
each fiscal year, the Undersecretary of Commerce for Intellectual
Property and the Director of the Patent and Trademark Office (in this
subtitle referred to as the Director) shall submit an estimate of all
fees referred to under subsection (a) to be collected in the next fiscal
year to the chairman and ranking member of--
(1) the Committees on Appropriations and Judiciary of the
Senate; and
(2) the Committees on Appropriations and Judiciary of the
House of Representatives.
SEC. 13103. <<NOTE: 35 USC 2 note.>> ELECTRONIC FILING AND PROCESSING OF
PATENT AND TRADEMARK APPLICATIONS.
(a) Electronic Filing and Processing.--
The <<NOTE: Deadline.>> Director shall, beginning not later than 90 days
after the date of enactment of this Act, and during the 3-year period
thereafter, develop an electronic system for the filing and processing
of patent and trademark applications, that--
(1) is user friendly; and
(2) includes the necessary infrastructure--
(A) to allow examiners and applicants to send all
communications electronically; and
(B) to allow the Office to process, maintain, and
search electronically the contents and history of each
application.
(b) Authorization of Appropriations.--Of amounts authorized under
section 13102, there is authorized to be appropriated to carry out
subsection (a) of this section not more than $50,000,000
[[Page 116 STAT. 1900]]
for each of fiscal years 2003, 2004, and 2005. Amounts made available
pursuant to this subsection shall remain available until expended.
SEC. 13104. STRATEGIC PLAN.
(a) Development of Plan.--
(1) In general.--The Director shall, in close consultation
with the Patent Public Advisory Committee and the Trademark
Public Advisory Committee, develop a strategic plan that sets
forth the goals and methods by which the United States Patent
and Trademark Office will, during the 5-year period beginning on
January 1, 2003--
(A) enhance patent and trademark quality;
(B) reduce patent and trademark pendency; and
(C) develop and implement an effective electronic
system for use by the Patent and Trademark Office and
the public for all aspects of the patent and trademark
processes, including, in addition to the elements set
forth in section 13103, searching, examining,
communicating, publishing, and making publicly
available, patents and trademark registrations.
(2) Contents and consultation.--The strategic plan shall
include milestones and objective and meaningful criteria for
evaluating the progress and successful achievement of the plan.
The Director shall consult with the Public Advisory Committees
with respect to the development of each aspect of the strategic
plan.
(b) Report to <<NOTE: Deadline.>> Congressional Committees.--Not
later than 4 months after the date of enactment of this Act, the
Director shall submit the plan developed under subsection (a) to the
Committees on the Judiciary of the Senate and the House of
Representatives.
SEC. 13105. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF PATENTABILITY
IN REEXAMINATION PROCEEDINGS.
(a) In General.--Sections 303(a) and 312(a) of title 35, United
States Code, are each amended by adding at the end the following: ``The
existence of a substantial new question of patentability is not
precluded by the fact that a patent or printed publication was
previously cited by or to the Office or considered by the Office.''.
(b) Effective Date.--The <<NOTE: 35 USC 303 note.>> amendments made
by this section shall apply with respect to any determination of the
Director of the United States Patent and Trademark Office that is made
under section 303(a) or 312(a) of title 35, United States Code, on or
after the date of enactment of this Act.
SEC. 13106. APPEALS IN INTER PARTES REEXAMINATION PROCEEDINGS.
(a) Appeals by Third-Party Requester in Proceedings.--Section 315(b)
of title 35, United States Code, is amended to read as follows:
``(b) Third-Party Requester.--A third-party requester--
``(1) may appeal under the provisions of section 134, and
may appeal under the provisions of sections 141 through 144,
with respect to any final decision favorable to the
patentability of any original or proposed amended or new claim
of the patent; and
[[Page 116 STAT. 1901]]
``(2) may, subject to subsection (c), be a party to any
appeal taken by the patent owner under the provisions of section
134 or sections 141 through 144.''.
(b) Appeal to Board of Patent Appeals and Interferences.--Section
134(c) of title 35, United States Code, is amended by striking the last
sentence.
(c) Appeal to Court of Appeals for the Federal Circuit.--Section 141
of title 35, United States Code, is amended in the third sentence by
inserting ``, or a third-party requester in an inter partes
reexamination proceeding, who is'' after ``patent owner''.
(d) Effective Date.--The <<NOTE: 35 USC 134 note.>> amendments made
by this section apply with respect to any reexamination proceeding
commenced on or after the date of enactment of this Act.
Subtitle B--Intellectual <<NOTE: Intellectual Property and High
Technology Technical Amendments Act of 2002.>> Property and High
Technology Technical Amendments
SEC. 13201. <<NOTE: 35 USC 1 note.>> SHORT TITLE.
This subtitle may be cited as the ``Intellectual Property and High
Technology Technical Amendments Act of 2002''.
SEC. 13202. CLARIFICATION OF REEXAMINATION PROCEDURE ACT OF 1999;
TECHNICAL AMENDMENTS.
(a) Optional Inter Partes Reexamination Procedures.--Title 35,
United States Code, is amended as follows:
(1) Section 311 is amended--
(A) in subsection (a), by striking ``person'' and
inserting ``third-party requester''; and
(B) in subsection (c), by striking ``Unless the
requesting person is the owner of the patent, the'' and
inserting ``The''.
(2) Section 312 is amended--
(A) in subsection (a), by striking the second
sentence; and
(B) in subsection (b), by striking ``, if any''.
(3) Section 314(b)(1) is amended--
(A) by striking ``(1) This'' and all that follows
through ``(2)'' and inserting ``(1)'';
(B) by striking ``the third-party requester shall
receive a copy'' and inserting ``the Office shall send
to the third-party requester a copy''; and
(C) by redesignating paragraph (3) as paragraph (2).
(4) Section 315(c) is amended by striking ``United States
Code,''.
(5) Section 317 is amended--
(A) in subsection (a), by striking ``patent owner
nor the third-party requester, if any, nor privies of
either'' and inserting ``third-party requester nor its
privies''; and
(B) in subsection (b), by striking ``United States
Code,''.
(b) Conforming Amendments.--
(1) Appeal to the board of patent appeals and
interferences.--Subsections (a), (b), and (c) of section 134 of
title 35, United States Code, are each amended by striking
``administrative patent judge'' each place it appears and
inserting ``primary examiner''.
(2) Proceeding on appeal.--Section 143 of title 35, United
States Code, is amended by amending the third sentence to
[[Page 116 STAT. 1902]]
read as follows: ``In an ex parte case or any reexamination
case, the Director shall submit to the court in writing the
grounds for the decision of the Patent and Trademark Office,
addressing all the issues involved in the appeal. The court
shall, before hearing an appeal, give notice of the time and
place of the hearing to the Director and the parties in the
appeal.''.
(c) Clerical Amendments.--
(1) Section 4604(a) of the Intellectual Property and
Communications Omnibus Reform Act of 1999, as enacted by section
1000(a)(9) of Public Law 106-113, <<NOTE: 35 USC 311-318.>> is
amended by striking ``Part 3'' and inserting ``Part III''.
(2) Section 4604(b) of that Act is amended by striking
``title 25'' and inserting ``title 35''.
(d) Effective Date.--The <<NOTE: Applicability. 35 USC 134
note.>> amendments made by section 4605 (b), (c), and (e) of the
Intellectual Property and Communications Omnibus Reform Act, as enacted
by section 1000(a)(9) of Public Law 106-113, shall apply to any
reexamination filed in the United States Patent and Trademark Office on
or after the date of enactment of Public Law 106-113.
SEC. 13203. PATENT AND TRADEMARK EFFICIENCY ACT AMENDMENTS.
(a) Deputy Commissioner.--
(1) Section 17(b) of the Act of July 5, 1946 (commonly
referred to as the ``Trademark Act of 1946'') (15 U.S.C.
1067(b)), is amended by inserting ``the Deputy Commissioner,''
after ``Commissioner,''.
(2) Section 6(a) of title 35, United States Code, is amended
by inserting ``the Deputy Commissioner,'' after
``Commissioner,''.
(b) Public Advisory Committees.--Section 5 of title 35, United
States Code, is amended--
(1) in subsection (i), by inserting ``, privileged,'' after
``personnel''; and
(2) by adding at the end the following new subsection:
``(j) Inapplicability of Patent Prohibition.--Section 4 shall not
apply to voting members of the Advisory Committees.''.
(c) Miscellaneous.--Section 153 of title 35, United States Code, is
amended by striking ``and attested by an officer of the Patent and
Trademark Office designated by the Director,''.
SEC. 13204. DOMESTIC PUBLICATION OF FOREIGN FILED PATENT APPLICATIONS
ACT OF 1999 AMENDMENTS.
Section 154(d)(4)(A) of title 35, United States Code, as in effect
on November 29, 2000, is amended--
(1) by striking ``on which the Patent and Trademark Office
receives a copy of the'' and inserting ``of''; and
(2) by striking ``international application'' the last place
it appears and inserting ``publication''.
SEC. 13205. DOMESTIC PUBLICATION OF PATENT APPLICATIONS PUBLISHED
ABROAD.
Subtitle E of title IV of the Intellectual Property and
Communications Omnibus Reform Act of 1999, as enacted by section
1000(a)(9) of Public Law 106-113, is amended as follows:
(1) <<NOTE: 35 USC 102.>> Section 4505 is amended to read as
follows:
[[Page 116 STAT. 1903]]
``SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.
``Section 102(e) of title 35, United States Code, is amended to read
as follows:
`` `(e) the invention was described in (1) an application for
patent, published under section 122(b), by another filed in the United
States before the invention by the applicant for patent or (2) a patent
granted on an application for patent by another filed in the United
States before the invention by the applicant for patent, except that an
international application filed under the treaty defined in section
351(a) shall have the effects for the purposes of this subsection of an
application filed in the United States only if the international
application designated the United States and was published under Article
21(2) of such treaty in the English language; or'. ''.
(2) Section 4507 is amended--
(A) <<NOTE: 35 USC 10.>> in paragraph (1), by
striking ``Section 11'' and inserting ``Section 10'';
(B) <<NOTE: 35 USC 11.>> in paragraph (2), by
striking ``Section 12'' and inserting ``Section 11''.
(C) <<NOTE: 35 USC 12.>> in paragraph (3), by
striking ``Section 13'' and inserting ``Section 12'';
(D) in paragraph (4), by striking ``12 and 13'' and
inserting ``11 and 12'';
(E) <<NOTE: 35 USC 374.>> in section 374 of title
35, United States Code, as amended by paragraph (10), by
striking ``confer the same rights and shall have the
same effect under this title as an application for
patent published'' and inserting ``be deemed a
publication''; and
(F) by adding at the end the following:
``(12) The item relating to section 374 in the table of
contents for chapter 37 of title 35, United States Code, is
amended to read as follows:
`` `374. Publication of international application.' ''.
(3) <<NOTE: 35 USC 10 note.>> Section 4508 is amended to
read as follows:
``SEC. 4508. EFFECTIVE DATE.
``Except as otherwise provided in this section, sections 4502
through 4504 and 4506 through 4507, and the amendments made by such
sections, shall be effective as of November 29, 2000, and shall apply
only to applications (including international applications designating
the United States) filed on or after that date. The amendments made by
section 4504 shall additionally apply to any pending application filed
before November 29, 2000, if such pending application is published
pursuant to a request of the applicant under such procedures as may be
established by the Director. Except as otherwise provided in this
section, the amendments made by section 4505 shall be effective as of
November 29, 2000 and shall apply to all patents and all applications
for patents pending on or filed after November 29, 2000. Patents
resulting from an international application filed before November 29,
2000 and applications published pursuant to section 122(b) or Article
21(2) of the treaty defined in section 351(a) resulting from an
international application filed before November 29, 2000 shall not be
effective as prior art as of the filing date of the international
application; however, such patents shall be effective as prior art in
accordance with section 102(e) in effect on November 28, 2000.''.
[[Page 116 STAT. 1904]]
SEC. 13206. MISCELLANEOUS CLERICAL AMENDMENTS.
(a) Amendments to Title 35.--The following provisions of title 35,
United States Code, are amended:
(1) Section 2(b) is amended in paragraphs (2)(B) and (4)(B),
by striking ``, United States Code''.
(2) Section 3 is amended--
(A) in subsection (a)(2)(B), by striking ``United
States Code,'';
(B) in subsection (b)(2)--
(i) in the first sentence of subparagraph (A),
by striking ``, United States Code'';
(ii) in the first sentence of subparagraph
(B)--
(I) by striking ``United States
Code,''; and
(II) by striking ``, United States
Code'';
(iii) in the second sentence of subparagraph
(B)--
(I) by striking ``United States
Code,''; and
(II) by striking ``, United States
Code.'' and inserting a period;
(iv) in the last sentence of subparagraph (B),
by striking ``, United States Code''; and
(v) in subparagraph (C), by striking ``,
United States Code''; and
(C) in subsection (c)--
(i) in the subsection caption, by striking ``,
United States Code''; and
(ii) by striking ``United States Code,''.
(3) Section 5 is amended in subsections (e) and (g), by
striking ``, United States Code'' each place it appears.
(4) The table of chapters for part I is amended in the item
relating to chapter 3, by striking ``before'' and inserting
``Before''.
(5) The item relating to section 21 in the table of contents
for chapter 2 is amended to read as follows:
``21. Filing date and day for taking action.''.
(6) The item relating to chapter 12 in the table of chapters
for part II is amended to read as follows:
``12. Examination of Application..................................131''.
(7) The item relating to section 116 in the table of
contents for chapter 11 is amended to read as follows:
``116. Inventors.''.
(8) Section 154(b)(4) is amended by striking ``, United
States Code,''.
(9) Section 156 is amended--
(A) in subsection (b)(3)(B), by striking
``paragraphs'' and inserting ``paragraph'';
(B) in subsection (d)(2)(B)(i), by striking ``below
the office'' and inserting ``below the Office''; and
(C) in subsection (g)(6)(B)(iii), by striking
``submittted'' and inserting ``submitted''.
(10) The item relating to section 183 in the table of
contents for chapter 17 is amended by striking ``of'' and
inserting ``to''.
(11) Section 185 is amended by striking the second period at
the end of the section.
(12) Section 201(a) is amended--
[[Page 116 STAT. 1905]]
(A) by striking ``United States Code,''; and
(B) by striking ``5, United States Code.'' and
inserting ``5.''.
(13) Section 202 is amended--
(A) in subsection (b)(4), by striking ``last
paragraph of section 203(2)'' and inserting ``section
203(b)''; and
(B) in subsection (c)--
(i) in paragraph (4), by striking ``rights;''
and inserting ``rights,''; and
(ii) in paragraph (5), by striking ``of the
United States Code''.
(14) Section 203 is amended--
(A) in paragraph (2)--
(i) by striking ``(2)'' and inserting ``(b)'';
(ii) by striking the quotation marks and comma
before ``as appropriate''; and
(iii) by striking ``paragraphs (a) and (c)''
and inserting ``paragraphs (1) and (3) of
subsection (a)''; and
(B) in the first paragraph--
(i) by striking ``(a)'', ``(b)'', ``(c)'', and
``(d)'' and inserting ``(1)'', ``(2)'', ``(3)'',
and ``(4)'', respectively; and
(ii) by striking ``(1.'' and inserting
``(a)''.
(15) Section 209 is amended in subsections (d)(2) and (f),
by striking ``of the United States Code''.
(16) Section 210 is amended--
(A) in subsection (a)--
(i) in paragraph (11), by striking ``5901''
and inserting ``5908''; and
(ii) in paragraph (20) by striking ``178(j)''
and inserting ``178j''; and
(B) in subsection (c)--
(i) by striking ``paragraph 202(c)(4)'' and
inserting ``section 202(c)(4)''; and
(ii) by striking ``title..'' and inserting
``title.''.
(17) The item relating to chapter 29 in the table of
chapters for part III is amended by inserting a comma after
``Patent''.
(18) The item relating to section 256 in the table of
contents for chapter 25 is amended to read as follows:
``256. Correction of named inventor.''.
(19) Section 294 is amended--
(A) in subsection (b), by striking ``United States
Code,''; and
(B) in subsection (c), in the second sentence by
striking ``court to'' and inserting ``court of''.
(20) Section 371(d) is amended by adding at the end a
period.
(21) Paragraphs (1), (2), and (3) of section 376(a) are each
amended by striking the semicolon and inserting a period.
(b) Other Amendments.--
(1) Section 4732(a) of the Intellectual Property and
Communications Omnibus Reform Act of 1999 is amended--
(A) <<NOTE: 35 USC 303.>> in paragraph (9)(A)(ii),
by inserting ``in subsection (b),'' after ``(ii)''; and
[[Page 116 STAT. 1906]]
(B) <<NOTE: 35 USC 7 et seq.>> in paragraph (10)(A),
by inserting after ``title 35, United States Code,'' the
following: ``other than sections 1 through 6 (as amended
by chapter 1 of this subtitle),''.
(2) <<NOTE: 35 USC 119.>> Section 4802(1) of that Act is
amended by inserting ``to'' before ``citizens''.
(3) Section 4804 of that Act is amended--
(A) <<NOTE: 35 USC 10.>> in subsection (b), by
striking ``11(a)'' and inserting ``10(a)''; and
(B) <<NOTE: 35 USC 12.>> in subsection (c), by
striking ``13'' and inserting ``12''.
(4) <<NOTE: 35 USC 382.>> Section 4402(b)(1) of that Act is
amended by striking ``in the fourth paragraph''.
SEC. 13207. TECHNICAL CORRECTIONS IN TRADEMARK LAW.
(a) Award of Damages.--Section 35(a) of the Act of July 5, 1946
(commonly referred to as the ``Trademark Act of 1946'') (15 U.S.C.
1117(a)), is amended by striking ``a violation under section 43(a), (c),
or (d),'' and inserting ``a violation under section 43(a) or (d),''.
(b) Additional Technical Amendments.--The Trademark Act of 1946 is
further amended as follows:
(1) Section 1(d)(1) (15 U.S.C. 1051(d)(1)) is amended in the
first sentence by striking ``specifying the date of the
applicant's first use'' and all that follows through the end of
the sentence and inserting ``specifying the date of the
applicant's first use of the mark in commerce and those goods or
services specified in the notice of allowance on or in
connection with which the mark is used in commerce.''.
(2) Section 1(e) (15 U.S.C. 1051(e)) is amended to read as
follows:
``(e) If the applicant is not domiciled in the United States the
applicant may designate, by a document filed in the United States Patent
and Trademark Office, the name and address of a person resident in the
United States on whom may be served notices or process in proceedings
affecting the mark. Such notices or process may be served upon the
person so designated by leaving with that person or mailing to that
person a copy thereof at the address specified in the last designation
so filed. If the person so designated cannot be found at the address
given in the last designation, or if the registrant does not designate
by a document filed in the United States Patent and Trademark Office the
name and address of a person resident in the United States on whom may
be served notices or process in proceedings affecting the mark, such
notices or process may be served on the Director.''.
(3) Section 8(f) (15 U.S.C. 1058(f)) is amended to read as
follows:
``(f) If the registrant is not domiciled in the United States, the
registrant may designate, by a document filed in the United States
Patent and Trademark Office, the name and address of a person resident
in the United States on whom may be served notices or process in
proceedings affecting the mark. Such notices or process may be served
upon the person so designated by leaving with that person or mailing to
that person a copy thereof at the address specified in the last
designation so filed. If the person so designated cannot be found at the
address given in the last designation, or if the registrant does not
designate by a document filed in the United States Patent and Trademark
Office the name
[[Page 116 STAT. 1907]]
and address of a person resident in the United States on whom may be
served notices or process in proceedings affecting the mark, such
notices or process may be served on the Director.''.
(4) Section 9(c) (15 U.S.C. 1059(c)) is amended to read as
follows:
``(c) If the registrant is not domiciled in the United States the
registrant may designate, by a document filed in the United States
Patent and Trademark Office, the name and address of a person resident
in the United States on whom may be served notices or process in
proceedings affecting the mark. Such notices or process may be served
upon the person so designated by leaving with that person or mailing to
that person a copy thereof at the address specified in the last
designation so filed. If the person so designated cannot be found at the
address given in the last designation, or if the registrant does not
designate by a document filed in the United States Patent and Trademark
Office the name and address of a person resident in the United States on
whom may be served notices or process in proceedings affecting the mark,
such notices or process may be served on the Director.''.
(5) Subsections (a) and (b) of section 10 (15 U.S.C. 1060(a)
and (b)) are amended to read as follows:
``(a)(1) A registered mark or a mark for which an application to
register has been filed shall be assignable with the good will of the
business in which the mark is used, or with that part of the good will
of the business connected with the use of and symbolized by the mark.
Notwithstanding the preceding sentence, no application to register a
mark under section 1(b) shall be assignable prior to the filing of an
amendment under section 1(c) to bring the application into conformity
with section 1(a) or the filing of the verified statement of use under
section 1(d), except for an assignment to a successor to the business of
the applicant, or portion thereof, to which the mark pertains, if that
business is ongoing and existing.
``(2) In any assignment authorized by this section, it shall not be
necessary to include the good will of the business connected with the
use of and symbolized by any other mark used in the business or by the
name or style under which the business is conducted.
``(3) Assignments shall be by instruments in writing duly executed.
Acknowledgment shall be prima facie evidence of the execution of an
assignment, and when the prescribed information reporting the assignment
is recorded in the United States Patent and Trademark Office, the record
shall be prima facie evidence of execution.
``(4) An assignment shall be void against any subsequent purchaser
for valuable consideration without notice, unless the prescribed
information reporting the assignment is recorded in the United States
Patent and Trademark Office within 3 months after the date of the
assignment or prior to the subsequent purchase.
``(5) The United States Patent and Trademark Office shall maintain a
record of information on assignments, in such form as may be prescribed
by the Director.
``(b) An assignee not domiciled in the United States may designate
by a document filed in the United States Patent and Trademark Office the
name and address of a person resident in the United States on whom may
be served notices or process in proceedings affecting the mark. Such
notices or process may be served
[[Page 116 STAT. 1908]]
upon the person so designated by leaving with that person or mailing to
that person a copy thereof at the address specified in the last
designation so filed. If the person so designated cannot be found at the
address given in the last designation, or if the assignee does not
designate by a document filed in the United States Patent and Trademark
Office the name and address of a person resident in the United States on
whom may be served notices or process in proceedings affecting the mark,
such notices or process may be served upon the Director.''.
(6) Section 23(c) (15 U.S.C. 1091(c)) is amended by striking
the second comma after ``numeral''.
(7) Section 33(b)(8) (15 U.S.C. 1115(b)(8)) is amended by
aligning the text with paragraph (7).
(8) Section 34(d)(1)(A) (15 U.S.C. 1116(d)(1)(A)) is amended
by striking ``section 110'' and all that follows through ``(36
U.S.C. 380)'' and inserting ``section 220506 of title 36, United
States Code,''.
(9) Section 34(d)(1)(B)(ii) (15 U.S.C. 1116(d)(1)(B)(ii)) is
amended by striking ``section 110'' and all that follows through
``(36 U.S.C. 380)'' and inserting ``section 220506 of title 36,
United States Code''.
(10) Section 34(d)(11) is amended by striking ``6621 of the
Internal Revenue Code of 1954'' and inserting ``6621(a)(2) of
the Internal Revenue Code of 1986''.
(11) Section 35(b) (15 U.S.C. 1117(b)) is amended--
(A) by striking ``section 110'' and all that follows
through ``(36 U.S.C. 380)'' and inserting ``section
220506 of title 36, United States Code,''; and
(B) by striking ``6621 of the Internal Revenue Code
of 1954'' and inserting ``6621(a)(2) of the Internal
Revenue Code of 1986''.
(12) Section 44(e) (15 U.S.C. 1126(e)) is amended by
striking ``a certification'' and inserting ``a true copy, a
photocopy, a certification,''.
SEC. 13208. PATENT AND TRADEMARK FEE CLERICAL AMENDMENT.
The Patent and Trademark Fee Fairness Act of 1999 (113 Stat. 1537-
546 et seq.), as enacted by section 1000(a)(9) of Public Law 106-
113, <<NOTE: 15 USC 1113 note.>> is amended in section 4203, by striking
``111(a)'' and inserting ``1113(a)''.
SEC. 13209. COPYRIGHT RELATED CORRECTIONS TO 1999 OMNIBUS REFORM ACT.
Title I of the Intellectual Property and Communications Omnibus
Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-
113, is amended as follows:
(1) <<NOTE: 17 USC 119.>> Section 1007 is amended--
(A) in paragraph (2), by striking ``paragraph (2)''
and inserting ``paragraph (2)(A)''; and
(B) in paragraph (3), by striking ``1005(e)'' and
inserting ``1005(d)''.
(2) <<NOTE: 17 USC 119.>> Section 1006(b) is amended by
striking ``119(b)(1)(B)(iii)'' and inserting
``119(b)(1)(B)(ii)''.
(3)(A) Section 1006(a) is amended--
(i) in paragraph (1), by adding ``and'' after the
semicolon;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as paragraph
(2).
[[Page 116 STAT. 1909]]
(B) Section 1011(b)(2)(A) is amended to read as follows:
``(A) in paragraph (1), by striking `primary
transmission made by a superstation and embodying a
performance or display of a work' and inserting
`performance or display of a work embodied in a primary
transmission made by a superstation or by the Public
Broadcasting Service satellite feed';''.
SEC. 13210. AMENDMENTS TO TITLE 17, UNITED STATES CODE.
Title 17, United States Code, is amended as follows:
(1) Section 119(a)(6) is amended by striking ``of
performance'' and inserting ``of a performance''.
(2)(A) The section heading for section 122 is amended by
striking ``rights; secondary'' and inserting ``rights:
Secondary''.
(B) The item relating to section 122 in the table of
contents for chapter 1 is amended to read as follows:
``122. Limitations on exclusive rights: Secondary transmissions by
satellite carriers within local markets.''.
(3)(A) The section heading for section 121 is amended by
striking ``reproduction'' and inserting ``Reproduction''.
(B) The item relating to section 121 in the table of
contents for chapter 1 is amended by striking ``reproduction''
and inserting ``Reproduction''.
(4)(A) Section 106 is amended by striking ``107 through
121'' and inserting ``107 through 122''.
(B) Section 501(a) is amended by striking ``106 through
121'' and inserting ``106 through 122''.
(C) Section 511(a) is amended by striking ``106 through
121'' and inserting ``106 through 122''.
(5) Section 101 is amended--
(A) by moving the definition of ``computer program''
so that it appears after the definition of
``compilation''; and
(B) by moving the definition of ``registration'' so
that it appears after the definition of ``publicly''.
(6) Section 110(4)(B) is amended in the matter preceding
clause (i) by striking ``conditions;'' and inserting
``conditions:''.
(7) Section 118(b)(1) is amended in the second sentence by
striking ``to it''.
(8) Section 119(b)(1)(A) is amended--
(A) by striking ``transmitted'' and inserting
``retransmitted''; and
(B) by striking ``transmissions'' and inserting
``retransmissions''.
(9) Section 203(a)(2) is amended--
(A) in subparagraph (A)--
(i) by striking ``(A) the'' and inserting
``(A) The''; and
(ii) by striking the semicolon at the end and
inserting a period;
(B) in subparagraph (B)--
(i) by striking ``(B) the'' and inserting
``(B) The''; and
(ii) by striking the semicolon at the end and
inserting a period; and
[[Page 116 STAT. 1910]]
(C) in subparagraph (C), by striking ``(C) the'' and
inserting ``(C) The''.
(10) Section 304(c)(2) is amended--
(A) in subparagraph (A)--
(i) by striking ``(A) the'' and inserting
``(A) The''; and
(ii) by striking the semicolon at the end and
inserting a period;
(B) in subparagraph (B)--
(i) by striking ``(B) the'' and inserting
``(B) The''; and
(ii) by striking the semicolon at the end and
inserting a period; and
(C) in subparagraph (C), by striking ``(C) the'' and
inserting ``(C) The''.
(11) The item relating to section 903 in the table of
contents for chapter 9 is amended by striking ``licensure'' and
inserting ``licensing''.
SEC. 13211. OTHER COPYRIGHT RELATED TECHNICAL AMENDMENTS.
(a) Amendment to Title 18.--Section 2319(e)(2) of title 18, United
States Code, is amended by striking ``107 through 120'' and inserting
``107 through 122''.
(b) Standard Reference Data.--(1) Section 105(f) of Public Law 94-
553 is amended <<NOTE: 15 USC 290e.>> by striking ``section 290(e) of
title 15'' and inserting ``section 6 of the Standard Reference Data Act
(15 U.S.C. 290e)''.
(2) Section 6(a) of the Standard Reference Data Act (15 U.S.C. 290e)
is amended by striking ``Notwithstanding'' and all that follows through
``United States Code,'' and inserting ``Notwithstanding the limitations
under section 105 of title 17, United States Code,''.
Subtitle C--Educational <<NOTE: Technology, Education, and Copyright
Harmonization Act of 2002.>> Use Copyright Exemption
SEC. 13301. EDUCATIONAL USE COPYRIGHT EXEMPTION.
(a) Short Title.--This <<NOTE: 17 USC 101 note.>> subtitle may be
cited as the ``Technology, Education, and Copyright Harmonization Act of
2002''.
(b) Exemption of Certain Performances and Displays for Educational
Uses.--Section 110 of title 17, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) except with respect to a work produced or marketed
primarily for performance or display as part of mediated
instructional activities transmitted via digital networks, or a
performance or display that is given by means of a copy or
phonorecord that is not lawfully made and acquired under this
title, and the transmitting government body or accredited
nonprofit educational institution knew or had reason to believe
was not lawfully made and acquired, the performance of a
nondramatic literary or musical work or reasonable and limited
portions of any other work, or display of a work in an amount
comparable to that which is typically displayed in the course of
a live classroom session, by or in the course of a transmission,
if--
[[Page 116 STAT. 1911]]
``(A) the performance or display is made by, at the
direction of, or under the actual supervision of an
instructor as an integral part of a class session
offered as a regular part of the systematic mediated
instructional activities of a governmental body or an
accredited nonprofit educational institution;
``(B) the performance or display is directly related
and of material assistance to the teaching content of
the transmission;
``(C) the transmission is made solely for, and, to
the extent technologically feasible, the reception of
such transmission is limited to--
``(i) students officially enrolled in the
course for which the transmission is made; or
``(ii) officers or employees of governmental
bodies as a part of their official duties or
employment; and
``(D) the transmitting body or institution--
``(i) institutes policies regarding copyright,
provides informational materials to faculty,
students, and relevant staff members that
accurately describe, and promote compliance with,
the laws of the United States relating to
copyright, and provides notice to students that
materials used in connection with the course may
be subject to copyright protection; and
``(ii) in the case of digital transmissions--
``(I) applies technological measures
that reasonably prevent--
``(aa) retention of the work
in accessible form by recipients
of the transmission from the
transmitting body or institution
for longer than the class
session; and
``(bb) unauthorized further
dissemination of the work in
accessible form by such
recipients to others; and
``(II) does not engage in conduct
that could reasonably be expected to
interfere with technological measures
used by copyright owners to prevent such
retention or unauthorized further
dissemination;''; and
(2) by adding at the end the following:
``In paragraph (2), the term `mediated instructional
activities' with respect to the performance or display of a work
by digital transmission under this section refers to activities
that use such work as an integral part of the class experience,
controlled by or under the actual supervision of the instructor
and analogous to the type of performance or display that would
take place in a live classroom setting. The term does not refer
to activities that use, in 1 or more class sessions of a single
course, such works as textbooks, course packs, or other material
in any media, copies or phonorecords of which are typically
purchased or acquired by the students in higher education for
their independent use and retention or are typically purchased
or acquired for elementary and secondary students for their
possession and independent use.
``For purposes of paragraph (2), accreditation--
``(A) with respect to an institution providing post-
secondary education, shall be as determined by a
regional
[[Page 116 STAT. 1912]]
or national accrediting agency recognized by the Council
on Higher Education Accreditation or the United States
Department of Education; and
``(B) with respect to an institution providing
elementary or secondary education, shall be as
recognized by the applicable state certification or
licensing procedures.
``For purposes of paragraph (2), no governmental body or
accredited nonprofit educational institution shall be liable for
infringement by reason of the transient or temporary storage of
material carried out through the automatic technical process of
a digital transmission of the performance or display of that
material as authorized under paragraph (2). No such material
stored on the system or network controlled or operated by the
transmitting body or institution under this paragraph shall be
maintained on such system or network in a manner ordinarily
accessible to anyone other than anticipated recipients. No such
copy shall be maintained on the system or network in a manner
ordinarily accessible to such anticipated recipients for a
longer period than is reasonably necessary to facilitate the
transmissions for which it was made.''.
(c) Ephemeral Recordings.--
(1) In general.--Section 112 of title 17, United States
Code, is amended--
(A) by redesignating subsection (f) as subsection (g); and
(B) by inserting after subsection (e) the following:
``(f)(1) Notwithstanding the provisions of section 106, and without
limiting the application of subsection (b), it is not an infringement of
copyright for a governmental body or other nonprofit educational
institution entitled under section 110(2) to transmit a performance or
display to make copies or phonorecords of a work that is in digital form
and, solely to the extent permitted in paragraph (2), of a work that is
in analog form, embodying the performance or display to be used for
making transmissions authorized under section 110(2), if--
``(A) such copies or phonorecords are retained and used
solely by the body or institution that made them, and no further
copies or phonorecords are reproduced from them, except as
authorized under section 110(2); and
``(B) such copies or phonorecords are used solely for
transmissions authorized under section 110(2).
``(2) This subsection does not authorize the conversion of print or
other analog versions of works into digital formats, except that such
conversion is permitted hereunder, only with respect to the amount of
such works authorized to be performed or displayed under section 110(2),
if--
``(A) no digital version of the work is available to the
institution; or
``(B) the digital version of the work that is available to
the institution is subject to technological protection measures
that prevent its use for section 110(2).''.
(2) Technical and conforming amendment.--Section 802(c) of
title 17, United States Code, is amended in the third sentence
by striking ``section 112(f)'' and inserting ``section 112(g)''.
(d) Patent and Trademark Office Report.--
(1) In general.--Not later <<NOTE: Deadline.>> than 180 days
after the date of enactment of this Act and after a period for
public comment,
[[Page 116 STAT. 1913]]
the Undersecretary of Commerce for Intellectual Property, after
consultation with the Register of Copyrights, shall submit to
the Committees on the Judiciary of the Senate and the House of
Representatives a report describing technological protection
systems that have been implemented, are available for
implementation, or are proposed to be developed to protect
digitized copyrighted works and prevent infringement, including
upgradeable and self-repairing systems, and systems that have
been developed, are being developed, or are proposed to be
developed in private voluntary industry-led entities through an
open broad based consensus process. The report submitted to the
Committees shall not include any recommendations, comparisons,
or comparative assessments of any commercially available
products that may be mentioned in the report.
(2) Limitations.--The report under this subsection--
(A) is intended solely to provide information to
Congress; and
(B) shall not be construed to affect in any way,
either directly or by implication, any provision of
title 17, United States Code, including the requirements
of clause (ii) of section 110(2)(D) of that title (as
added by this subtitle), or the interpretation or
application of such provisions, including evaluation of
the compliance with that clause by any governmental body
or nonprofit educational institution.
Subtitle D--Madrid <<NOTE: Madrid Protocol Implementation
Act.>> Protocol Implementation
SEC. 13401. <<NOTE: 15 USC 1051 note.>> SHORT TITLE.
This subtitle may be cited as the ``Madrid Protocol Implementation
Act''.
SEC. 13402. PROVISIONS TO IMPLEMENT THE PROTOCOL RELATING TO THE MADRID
AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF
MARKS.
The Act entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the provisions
of certain international conventions, and for other purposes'', approved
July 5, 1946, as amended (15 U.S.C. 1051 and following) (commonly
referred to as the ``Trademark Act of 1946'') is amended by adding after
section 51 the following:
``TITLE XII--THE MADRID PROTOCOL
``SEC. 60. <<NOTE: 15 USC 1141.>> DEFINITIONS.
``In this title:
``(1) Basic application.--The term `basic application' means
the application for the registration of a mark that has been
filed with an Office of a Contracting Party and that constitutes
the basis for an application for the international registration
of that mark.
``(2) Basic registration.--The term `basic registration'
means the registration of a mark that has been granted by an
Office of a Contracting Party and that constitutes the basis
[[Page 116 STAT. 1914]]
for an application for the international registration of that
mark.
``(3) Contracting party.--The term `Contracting Party' means
any country or inter-governmental organization that is a party
to the Madrid Protocol.
``(4) Date of recordal.--The term `date of recordal' means
the date on which a request for extension of protection, filed
after an international registration is granted, is recorded on
the International Register.
``(5) Declaration of bona fide intention to use the mark in
commerce.--The term `declaration of bona fide intention to use
the mark in commerce' means a declaration that is signed by the
applicant for, or holder of, an international registration who
is seeking extension of protection of a mark to the United
States and that contains a statement that--
``(A) the applicant or holder has a bona fide
intention to use the mark in commerce;
``(B) the person making the declaration believes
himself or herself, or the firm, corporation, or
association in whose behalf he or she makes the
declaration, to be entitled to use the mark in commerce;
and
``(C) no other person, firm, corporation, or
association, to the best of his or her knowledge and
belief, has the right to use such mark in commerce
either in the identical form of the mark or in such near
resemblance to the mark as to be likely, when used on or
in connection with the goods of such other person, firm,
corporation, or association, to cause confusion,
mistake, or deception.
``(6) Extension of protection.--The term `extension of
protection' means the protection resulting from an international
registration that extends to the United States at the request of
the holder of the international registration, in accordance with
the Madrid Protocol.
``(7) Holder of an international registration.--A `holder'
of an international registration is the natural or juristic
person in whose name the international registration is recorded
on the International Register.
``(8) International application.--The term `international
application' means an application for international registration
that is filed under the Madrid Protocol.
``(9) International bureau.--The term `International Bureau'
means the International Bureau of the World Intellectual
Property Organization.
``(10) International register.--The term `International
Register' means the official collection of data concerning
international registrations maintained by the International
Bureau that the Madrid Protocol or its implementing regulations
require or permit to be recorded.
``(11) International registration.--The term `international
registration' means the registration of a mark granted under the
Madrid Protocol.
``(12) International registration date.--The term
`international registration date' means the date assigned to the
international registration by the International Bureau.
[[Page 116 STAT. 1915]]
``(13) Madrid protocol.--The term `Madrid Protocol' means
the Protocol Relating to the Madrid Agreement Concerning the
International Registration of Marks, adopted at Madrid, Spain,
on June 27, 1989.
``(14) Notification of refusal.--The term `notification of
refusal' means the notice sent by the United States Patent and
Trademark Office to the International Bureau declaring that an
extension of protection cannot be granted.
``(15) Office of a contracting party.--The term `Office of a
Contracting Party' means--
``(A) the office, or governmental entity, of a
Contracting Party that is responsible for the
registration of marks; or
``(B) the common office, or governmental entity, of
more than 1 Contracting Party that is responsible for
the registration of marks and is so recognized by the
International Bureau.
``(16) Office of origin.--The term `office of origin' means
the Office of a Contracting Party with which a basic application
was filed or by which a basic registration was granted.
``(17) Opposition period.--The term `opposition period'
means the time allowed for filing an opposition in the United
States Patent and Trademark Office, including any extension of
time granted under section 13.
``SEC. 61. <<NOTE: 15 USC 1141a.>> INTERNATIONAL APPLICATIONS BASED ON
UNITED STATES APPLICATIONS OR REGISTRATIONS.
``(a) In General.--The owner of a basic application pending before
the United States Patent and Trademark Office, or the owner of a basic
registration granted by the United States Patent and Trademark Office
may file an international application by submitting to the United States
Patent and Trademark Office a written application in such form, together
with such fees, as may be prescribed by the Director.
``(b) Qualified Owners.--A qualified owner, under subsection (a),
shall--
``(1) be a national of the United States;
``(2) be domiciled in the United States; or
``(3) have a real and effective industrial or commercial
establishment in the United States.
``SEC. 62. <<NOTE: 15 USC 1141b.>> CERTIFICATION OF THE INTERNATIONAL
APPLICATION.
``(a) Certification Procedure.--Upon the filing of an application
for international registration and payment of the prescribed fees, the
Director shall examine the international application for the purpose of
certifying that the information contained in the international
application corresponds to the information contained in the basic
application or basic registration at the time of the certification.
``(b) Transmittal.--Upon examination and certification of the
international application, the Director shall transmit the international
application to the International Bureau.
``SEC. 63. <<NOTE: 15 USC 1141c.>> RESTRICTION, ABANDONMENT,
CANCELLATION, OR EXPIRATION OF A BASIC APPLICATION OR BASIC
REGISTRATION.
``With respect to an international application transmitted to the
International Bureau under section 62, the Director shall notify the
International Bureau whenever the basic application or basic
[[Page 116 STAT. 1916]]
registration which is the basis for the international application has
been restricted, abandoned, or canceled, or has expired, with respect to
some or all of the goods and services listed in the international
registration--
``(1) within 5 years after the international registration
date; or
``(2) more than 5 years after the international registration
date if the restriction, abandonment, or cancellation of the
basic application or basic registration resulted from an action
that began before the end of that 5-year period.
``SEC. 64. <<NOTE: 15 USC 1141d.>> REQUEST FOR EXTENSION OF PROTECTION
SUBSEQUENT TO INTERNATIONAL REGISTRATION.
``The holder of an international registration that is based upon a
basic application filed with the United States Patent and Trademark
Office or a basic registration granted by the Patent and Trademark
Office may request an extension of protection of its international
registration by filing such a request--
``(1) directly with the International Bureau; or
``(2) with the United States Patent and Trademark Office for
transmittal to the International Bureau, if the request is in
such form, and contains such transmittal fee, as may be
prescribed by the Director.
``SEC. 65. <<NOTE: 15 USC 1141e.>> EXTENSION OF PROTECTION OF AN
INTERNATIONAL REGISTRATION TO THE UNITED STATES UNDER THE
MADRID PROTOCOL.
``(a) In General.--Subject to the provisions of section 68, the
holder of an international registration shall be entitled to the
benefits of extension of protection of that international registration
to the United States to the extent necessary to give effect to any
provision of the Madrid Protocol.
``(b) If the United States Is Office of Origin.--Where the United
States Patent and Trademark Office is the office of origin for a
trademark application or registration, any international registration
based on such application or registration cannot be used to obtain the
benefits of the Madrid Protocol in the United States.
``SEC. 66. <<NOTE: 15 USC 1141f.>> EFFECT OF FILING A REQUEST FOR
EXTENSION OF PROTECTION OF AN INTERNATIONAL REGISTRATION TO
THE UNITED STATES.
``(a) Requirement for Request for Extension of Protection.--A
request for extension of protection of an international registration to
the United States that the International Bureau transmits to the United
States Patent and Trademark Office shall be deemed to be properly filed
in the United States if such request, when received by the International
Bureau, has attached to it a declaration of bona fide intention to use
the mark in commerce that is verified by the applicant for, or holder
of, the international registration.
``(b) Effect of Proper Filing.--Unless extension of protection is
refused under section 68, the proper filing of the request for extension
of protection under subsection (a) shall constitute constructive use of
the mark, conferring the same rights as those specified in section 7(c),
as of the earliest of the following:
``(1) The international registration date, if the request
for extension of protection was filed in the international
application.
[[Page 116 STAT. 1917]]
``(2) The date of recordal of the request for extension of
protection, if the request for extension of protection was made
after the international registration date.
``(3) The date of priority claimed pursuant to section 67.
``SEC. 67. <<NOTE: 15 USC 1141g.>> RIGHT OF PRIORITY FOR REQUEST FOR
EXTENSION OF PROTECTION TO THE UNITED STATES.
``The holder of an international registration with a request for an
extension of protection to the United States shall be entitled to claim
a date of priority based on a right of priority within the meaning of
Article 4 of the Paris Convention for the Protection of Industrial
Property if--
``(1) the request for extension of protection contains a
claim of priority; and
``(2) the date of international registration or the date of
the recordal of the request for extension of protection to the
United States is not later than 6 months after the date of the
first regular national filing (within the meaning of Article
4(A)(3) of the Paris Convention for the Protection of Industrial
Property) or a subsequent application (within the meaning of
Article 4(C)(4) of the Paris Convention for the Protection of
Industrial Property).
``SEC. 68. <<NOTE: 15 USC 1141h.>> EXAMINATION OF AND OPPOSITION TO
REQUEST FOR EXTENSION OF PROTECTION; NOTIFICATION OF
REFUSAL.
``(a) Examination and Opposition.--(1) A request for extension of
protection described in section 66(a) shall be examined as an
application for registration on the Principal Register under this Act,
and if on such examination it appears that the applicant is entitled to
extension of protection under this title, the Director shall cause the
mark to be published in the Official Gazette of the United States Patent
and Trademark Office.
``(2) Subject to the provisions of subsection (c), a request for
extension of protection under this title shall be subject to opposition
under section 13.
``(3) Extension of protection shall not be refused on the ground
that the mark has not been used in commerce.
``(4) Extension of protection shall be refused to any mark not
registrable on the Principal Register.
``(b) Notification of Refusal.--If, a request for extension of
protection is refused under subsection (a), the Director shall declare
in a notification of refusal (as provided in subsection (c)) that the
extension of protection cannot be granted, together with a statement of
all grounds on which the refusal was based.
``(c) Notice to International Bureau.--(1) Within 18 months after
the date on which the International Bureau transmits to the Patent and
Trademark Office a notification of a request for extension of
protection, the Director shall transmit to the International Bureau any
of the following that applies to such request:
``(A) A notification of refusal based on an examination of
the request for extension of protection.
``(B) A notification of refusal based on the filing of an
opposition to the request.
``(C) A notification of the possibility that an opposition
to the request may be filed after the end of that 18-month
period.
``(2) If the Director has sent a notification of the possibility of
opposition under paragraph (1)(C), the Director shall, if
[[Page 116 STAT. 1918]]
applicable, transmit to the International Bureau a notification of
refusal on the basis of the opposition, together with a statement of all
the grounds for the opposition, within 7 months after the beginning of
the opposition period or within 1 month after the end of the opposition
period, whichever is earlier.
``(3) If a notification of refusal of a request for extension of
protection is transmitted under paragraph (1) or (2), no grounds for
refusal of such request other than those set forth in such notification
may be transmitted to the International Bureau by the Director after the
expiration of the time periods set forth in paragraph (1) or (2), as the
case may be.
``(4) If a notification specified in paragraph (1) or (2) is not
sent to the International Bureau within the time period set forth in
such paragraph, with respect to a request for extension of protection,
the request for extension of protection shall not be refused and the
Director shall issue a certificate of extension of protection pursuant
to the request.
``(d) Designation of Agent for Service of Process.--In responding to
a notification of refusal with respect to a mark, the holder of the
international registration of the mark may designate, by a document
filed in the United States Patent and Trademark Office, the name and
address of a person residing in the United States on whom notices or
process in proceedings affecting the mark may be served. Such notices or
process may be served upon the person designated by leaving with that
person, or mailing to that person, a copy thereof at the address
specified in the last designation filed. If the person designated cannot
be found at the address given in the last designation, or if the holder
does not designate by a document filed in the United States Patent and
Trademark Office the name and address of a person residing in the United
States for service of notices or process in proceedings affecting the
mark, the notice or process may be served on the Director.
``SEC. 69. <<NOTE: 15 USC 1141i.>> EFFECT OF EXTENSION OF PROTECTION.
``(a) Issuance of Extension of Protection.--Unless a request for
extension of protection is refused under section 68, the Director shall
issue a certificate of extension of protection pursuant to the request
and shall cause notice of such certificate of extension of protection to
be published in the Official Gazette of the United States Patent and
Trademark Office.
``(b) Effect of Extension of Protection.--From the date on which a
certificate of extension of protection is issued under subsection (a)--
``(1) such extension of protection shall have the same
effect and validity as a registration on the Principal Register;
and
``(2) the holder of the international registration shall
have the same rights and remedies as the owner of a registration
on the Principal Register.
``SEC. 70. <<NOTE: 15 USC 1141j.>> DEPENDENCE OF EXTENSION OF PROTECTION
TO THE UNITED STATES ON THE UNDERLYING INTERNATIONAL
REGISTRATION.
``(a) Effect of Cancellation of International Registration.--If the
International Bureau notifies the United States Patent and Trademark
Office of the cancellation of an international registration with respect
to some or all of the goods and services listed in the international
registration, the Director shall cancel
[[Page 116 STAT. 1919]]
any extension of protection to the United States with respect to such
goods and services as of the date on which the international
registration was canceled.
``(b) Effect of Failure To Renew International Registration.--If the
International Bureau does not renew an international registration, the
corresponding extension of protection to the United States shall cease
to be valid as of the date of the expiration of the international
registration.
``(c) Transformation of an Extension of Protection Into a United
States Application.--The holder of an international registration
canceled in whole or in part by the International Bureau at the request
of the office of origin, under article 6(4) of the Madrid Protocol, may
file an application, under section 1 or 44 of this Act, for the
registration of the same mark for any of the goods and services to which
the cancellation applies that were covered by an extension of protection
to the United States based on that international registration. Such an
application shall be treated as if it had been filed on the
international registration date or the date of recordal of the request
for extension of protection with the International Bureau, whichever
date applies, and, if the extension of protection enjoyed priority under
section 67 of this title, shall enjoy the same
priority. <<NOTE: Deadline.>> Such an application shall be entitled to
the benefits conferred by this subsection only if the application is
filed not later than 3 months after the date on which the international
registration was canceled, in whole or in part, and only if the
application complies with all the requirements of this Act which apply
to any application filed pursuant to section 1 or 44.
``SEC. 71. <<NOTE: 15 USC 1141k.>> AFFIDAVITS AND FEES.
``(a) Required Affidavits and Fees.--An extension of protection for
which a certificate of extension of protection has been issued under
section 69 shall remain in force for the term of the international
registration upon which it is based, except that the extension of
protection of any mark shall be canceled by the Director--
``(1) at the end of the 6-year period beginning on the date
on which the certificate of extension of protection was issued
by the Director, unless within the 1-year period preceding the
expiration of that 6-year period the holder of the international
registration files in the Patent and Trademark Office an
affidavit under subsection (b) together with a fee prescribed by
the Director; and
``(2) at the end of the 10-year period beginning on the date
on which the certificate of extension of protection was issued
by the Director, and at the end of each 10-year period
thereafter, unless--
``(A) within the 6-month period preceding the
expiration of such 10-year period the holder of the
international registration files in the United States
Patent and Trademark Office an affidavit under
subsection (b) together with a fee prescribed by the
Director; or
``(B) <<NOTE: Deadline.>> within 3 months after the
expiration of such 10-year period, the holder of the
international registration files in the Patent and
Trademark Office an affidavit under subsection (b)
together with the fee described in subparagraph (A) and
the surcharge prescribed by the Director.
[[Page 116 STAT. 1920]]
``(b) Contents of Affidavit.--The affidavit referred to in
subsection (a) shall set forth those goods or services recited in the
extension of protection on or in connection with which the mark is in
use in commerce and the holder of the international registration shall
attach to the affidavit a specimen or facsimile showing the current use
of the mark in commerce, or shall set forth that any nonuse is due to
special circumstances which excuse such nonuse and is not due to any
intention to abandon the mark. Special notice of the requirement for
such affidavit shall be attached to each certificate of extension of
protection.
``(c) Notification.--The Director shall notify the holder of the
international registration who files 1 of the affidavits of the
Director's acceptance or refusal thereof and, in case of a refusal, the
reasons therefor.
``(d) Service of Notice or Process.--The holder of the international
registration of the mark may designate, by a document filed in the
United States Patent and Trademark Office, the name and address of a
person residing in the United States on whom notices or process in
proceedings affecting the mark may be served. Such notices or process
may be served upon the person so designated by leaving with that person,
or mailing to that person, a copy thereof at the address specified in
the last designation so filed. If the person designated cannot be found
at the address given in the last designation, or if the holder does not
designate by a document filed in the United States Patent and Trademark
Office the name and address of a person residing in the United States
for service of notices or process in proceedings affecting the mark, the
notice or process may be served on the Director.
``SEC. 72. <<NOTE: 15 USC 1141l.>> ASSIGNMENT OF AN EXTENSION OF
PROTECTION.
``An extension of protection may be assigned, together with the
goodwill associated with the mark, only to a person who is a national
of, is domiciled in, or has a bona fide and effective industrial or
commercial establishment either in a country that is a Contracting Party
or in a country that is a member of an intergovernmental organization
that is a Contracting Party.
``SEC. 73. <<NOTE: 15 USC 1141m.>> INCONTESTABILITY.
``The period of continuous use prescribed under section 15 for a
mark covered by an extension of protection issued under this title may
begin no earlier than the date on which the Director issues the
certificate of the extension of protection under section 69, except as
provided in section 74.
``SEC. 74. <<NOTE: 15 USC 1141n.>> RIGHTS OF EXTENSION OF PROTECTION.
``When a United States registration and a subsequently issued
certificate of extension of protection to the United States are owned by
the same person, identify the same mark, and list the same goods or
services, the extension of protection shall have the same rights that
accrued to the registration prior to issuance of the certificate of
extension of protection.''.
SEC. 13403. <<NOTE: 15 USC 1141 note.>> EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect on the later of--
(1) the date on which the Madrid Protocol (as defined in
section 60 of the Trademark Act of 1946) enters into force with
respect to the United States; or
[[Page 116 STAT. 1921]]
(2) the date occurring 1 year after the date of enactment of
this Act.
TITLE IV--ANTITRUST <<NOTE: Antitrust Technical Corrections Act of
2002.>> TECHNICAL CORRECTIONS ACT OF 2002
SEC. 14101. <<NOTE: 15 USC 1 note.>> SHORT TITLE.
This title may be cited as the ``Antitrust Technical Corrections Act
of 2002''.
SEC. 14102. AMENDMENTS.
(a) Panama Canal Act.--Section 11 of the Panama Canal Act (37 Stat.
566; 15 U.S.C. 31) is amended by striking the undesignated paragraph
that begins ``No vessel permitted''.
(b) Sherman Act.--Section 3 of the Sherman Act (15 U.S.C. 3) is
amended--
(1) by inserting ``(a)'' after ``Sec. 3.''; and
(2) by adding at the end the following:
``(b) Every person who shall monopolize, or attempt to monopolize,
or combine or conspire with any other person or persons, to monopolize
any part of the trade or commerce in any Territory of the United States
or of the District of Columbia, or between any such Territory and
another, or between any such Territory or Territories and any State or
States or the District of Columbia, or with foreign nations, or between
the District of Columbia, and any State or States or foreign nations,
shall be deemed guilty of a felony, and, on conviction thereof, shall be
punished by fine not exceeding $10,000,000 if a corporation, or, if any
other person, $350,000, or by imprisonment not exceeding three years, or
by both said punishments, in the discretion of the court.''.
(c) Wilson Tariff Act.--
(1) Technical amendment.--The Wilson Tariff Act (28 Stat.
509; 15 U.S.C. 8 et seq.) is amended--
(A) <<NOTE: 15 USC 15 note.>> by striking section
77; and
(B) <<NOTE: 15 USC 8 note.>> in section 78--
(i) by striking ``76, and 77'' and inserting
``and 76''; and
(ii) by redesignating such section as section
77.
(2) Conforming amendments to other laws.--
(A) Clayton act.--Subsection (a) of the 1st section
of the Clayton Act (15 U.S.C. 12(a)) is amended by
striking ``seventy-seven'' and inserting ``seventy-
six''.
(B) Federal trade commission act.--Section 4 of the
Federal Trade Commission Act (15 U.S.C. 44) is amended
by striking ``77'' and inserting ``76''.
(C) Packers and stockyards act, 1921.--Section
405(a) of the Packers and Stockyards Act, 1921 (7 U.S.C.
225(a)) is amended by striking ``77'' and inserting
``76''.
(D) Atomic energy act of 1954.--Section 105 of the
Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended by
striking ``seventy-seven'' and inserting ``seventy-
six''.
(E) Deep seabed hard mineral resources act.--Section
103(d)(7) of the Deep Seabed Hard Mineral Resources Act
(30 U.S.C. 1413(d)(7)) is amended by striking ``77'' and
inserting ``76''.
[[Page 116 STAT. 1922]]
(d) Clayton Act.--The first section 27 of the Clayton Act (15 U.S.C.
27) is redesignated as section 28 and is transferred so as to appear at
the end of such Act.
(e) Year 2000 Information and Readiness Disclosure Act.--Section
5(a)(2) of the Year 2000 Information and Readiness Disclosure Act
(Public Law 105-271) <<NOTE: 15 USC 1 note.>> is amended by inserting a
period after ``failure''.
(f) Act of March 3, 1913.--The Act of March 3, 1913 (chapter 114, 37
Stat. 731; 15 U.S.C. 30) is repealed.
(g) Repeal.--Section <<NOTE: 49 USC 41309 note.>> 116 of the Act of
November 19, 2001 is repealed.
SEC. 14103. <<NOTE: 15 USC 3 note.>> EFFECTIVE DATE; APPLICATION OF
AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this
subtitle and the amendments made by this subtitle shall take effect on
the date of enactment of this Act.
(b) Application to Cases.--(1) Section 14102(f) shall apply to cases
pending on or after the date of the enactment of this Act.
(2) The amendments made by subsections (a), (b), and (c) of section
14102 shall apply only with respect to cases commenced on or after the
date of enactment of this Act.
Approved November 2, 2002.
LEGISLATIVE HISTORY--H.R. 2215 (S. 1319):
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HOUSE REPORTS: Nos. 107-125 (Comm. on the Judiciary) and 107-685 (Comm.
of Conference).
SENATE REPORTS: No. 107-96 accompanying S. 1319 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD:
Vol. 147 (2001):
July 23, considered and passed
House.
Dec. 20, considered and passed
Senate, amended.
Vol. 148 (2002):
Sept. 26, House agreed to conference
report.
Oct. 1, 3, Senate considered and
agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Nov. 2, Presidential statement.
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