Text: H.R.2215 — 107th Congress (2001-2002)All Bill Information (Except Text)

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Public Law No: 107-273 (11/02/2002)




[107th Congress Public Law 273]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ273.107]


[[Page 1757]]

   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:

                               ``findings

    ``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:

                               ``purposes

    ``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):
---------------------------------------------------------------------------

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.

                                  <all>