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107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session

                                                                107-685

======================================================================



 
  21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT

                                _______
                                

               September 25, 2002.--Ordered to be printed

                                _______
                                

  Mr. Sensenbrenner, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 2215]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
2215), to authorize appropriations for the Department of 
Justice for fiscal year 2002, and for other purposes, having 
met, after full and free conference, have agreed to recommend 
and do recommend to their respective Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
Senate amendment, insert the following:

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.
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.
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.
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.
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 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.
            (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 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.
            (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 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. 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.

                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 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) the Attorney General shall 
                        give written notice to the Chairmen and 
                        ranking minority members of the 
                        Committees on Appropriations and the 
                        Judiciary 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.
            ``(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 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, 
                        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).
            ``(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 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 (92 Stat. 
        1883) is amended by striking subsection (b) and 
        inserting:
    ``(b) The Attorney General shall notify Counsel as required 
by section 530D of title 28.''.
            (3) 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) 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
                    (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) 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) in section 504(a) by striking ``502'' and 
        inserting ``501(b)'';
            (2) in section 506(a)(1) by striking 
        ``participating'';
            (3) 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) 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)--
                    (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) 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) 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.''.

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) 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;
        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 (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.
    ``(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'' 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 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 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 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.
    (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) 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) 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 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 
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 (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 (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;
            (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 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 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 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 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 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.

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) is repealed.
    (b) Report on Threats and Assaults Against Federal Law 
Enforcement Officers, United States Judges, United States 
Officials and Their Families.--Not 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 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 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--
                    (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 subsection shall take 
        effect on July 15, 2003.
    (b) District 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''. 

            (3) Effective date.--With 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 Judgeships.--
            (1) In general.--The 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 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.

                    TITLE IV--VIOLENCE AGAINST WOMEN

 SEC. 401. 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) 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) by redesignating sections 2002 through 2006 as 
        sections 2006 through 2011, respectively; and
            (3) by inserting after section 2001 the following:

``SEC. 2002. 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. DIRECTOR OF VIOLENCE AGAINST WOMEN OFFICE.

    ``(a) Appointment.--The 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).
    ``(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. 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.
            ``(8) Establishing such rules, regulations, 
        guidelines, and procedures as are necessary to carry 
        out any function of the Office.

``SEC. 2005. 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. 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. 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.''.

 TITLE II--DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT OF 2002

SEC. 2001. 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) 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) 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.''.

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. 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 later than 1 year 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 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
            (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:

                         ``PART EE--DRUG COURTS

``SEC. 2951. 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. 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. 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;
                    ``(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. 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.

``SEC. 2955. 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. 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. 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. 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. 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:

                         ``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 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.
            ``(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. 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. 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, 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 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.

                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. 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 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. 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 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

          ``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)(I) of the Controlled Substances Act is 
amended by striking ``on the date of enactment'' 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 prescribed such drug, or combination of such 
drugs''.

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--
            (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:
    ``(j) 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 (c)(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''.
    (d) Restoration.--Section 1402(c) of the Victims of Crime 
Act of 1984 is amended to read as it did on November 27, 2001.

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) 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''.
    (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 IV--CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002

SEC. 4001. 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 on the date of the 
        enactment of Public Law 103-322, section 60003(a)(13) 
        of such public law is amended 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''.
            (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) 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 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'';
                    (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 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 (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 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--
                            (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 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 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) 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 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 of its enactment, section 
        115(a)(8)(B) of Public Law 105-119 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,'' and inserting ``services contract 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'';
            (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) 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 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 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.
            (2) 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 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) Effective on the date of its enactment, section 
        813(2) of Public Law 107-56 is amended by striking 
        ``semicolon'' and inserting ``period''.
            (2) 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) in section 2801, by inserting after ``States'' 
        the following: `` and units of local government'';
            (2) 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
                    (D) in paragraph (3), by inserting ``for a 
                State or local plan'' after ``program'';
            (3) 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) 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) 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.

     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.

    (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.
            (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 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) 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.''.

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) 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) in section 200108, by striking ``$250'' and 
        inserting ``$400'';
            (3) in section 20110(2), by striking ``no more than 
        10 percent'' and inserting ``except with permission of 
        the Director, no more than 25 percent''
            (4) by striking section 200111; and
            (5) 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
                    (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 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 by striking subsection (i).

SEC. 11008. FEDERAL JUDICIARY PROTECTION ACT OF 2002.

    (a) Short Title.--This 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 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 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. 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;
            (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 7,200 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.
            (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.''.

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.''.

SEC. 11011. 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 later than 1 year 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 in the first sentence by 
striking ``U,'' and inserting ``T,''.

SEC. 11013. DEBT COLLECTION IMPROVEMENT.

    (a) In General.--Notwithstanding 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 is repealed.

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. USE OF ANNUITY BROKERS IN STRUCTURED SETTLEMENTS.

    (a) Establishment and Transmission of List of Approved 
Annuity Brokers.--Not 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 of 1953 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. 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 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 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 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 section 1 of 
this legislation, 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 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 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 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 shall 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 shall, 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 medical condition. The summary 
                provided under this subparagraph shall 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 
                shall, at the Government's request, give to the 
                Government a written summary of any testimony 
                that the defendant intends to 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 shall describe the witness's 
                opinions, the bases and reasons for those 
                opinions, and the witness's qualifications''.
    (c) Effective Date.--The amendments made by subsection (b) 
shall take effect on December 1, 2002.

SEC. 11020. MULTIPARTY, MULTIFORUM TRIAL JURISDICTION ACT OF 2002.

    (a) Short Title.--This 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 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.

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:

``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 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. 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 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.

SEC. 11023. WEBSTER COMMISSION IMPLEMENTATION REPORT.

    (a) Implementation Plan.--Not 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.
            ``(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 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 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) recordkeeping 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;
            (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 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;
            (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. CRIME-FREE RURAL STATES GRANTS.

    (a) Short Title.--This 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. 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. 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. 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.
    ``(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. 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. 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. 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.
            (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. 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. POSTHUMOUS CITIZENSHIP RESTORATION.

    (a) Short Title.--This 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:
    ``(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. 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--
                    (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).
    (c) Determinations on Petitions.--
            (1) Initial determination.--
                    (A) In general.--With 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) 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. 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.--
                            (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 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) 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. 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--
                            (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 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 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. REGULATIONS.

    The 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. 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''.
    (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 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 of such capital investments, 
and the other positive economic effects such capital 
investments will have.''.
    (b) Effective Date.--The 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 Improvements Act of 2002

SEC. 11041. 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.
    ``(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
                    ``(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 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;
                    ``(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 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.

``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 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.

``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 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
            (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. 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 Modernization Commission Act of 2002

SEC. 11051. 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) Four members, no more than 2 of whom shall be 
        of the same political party, shall be appointed by the 
        President. 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 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 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 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 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 Offender Accountability

SEC. 12101. 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:

             ``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

``SEC. 1801. 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;
            ``(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. 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. 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 (c).
    ``(b) Local Eligibility.--
            ``(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 (c).
            ``(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 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. 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.
            ``(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 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. 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. PAYMENT REQUIREMENTS.

    ``(a) Timing of Payments.--The 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 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. 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. 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.

``SEC. 1808. 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 later than 90 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. 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;
                    ``(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. 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;
                    ``(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 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 Justice and Delinquency Prevention Act of 2002

SEC. 12201. 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.
            ``(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.''.

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 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:
            ``(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
                                    (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 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;'',
                            (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
                    ``(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)'',
                    (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) 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) not later than 48 hours during which 
                such juvenile is so held--
                            ``(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
                            ``(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) by striking parts C, D, E, F, G, and H,
            (2) 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. 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 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-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;
            ``(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 
under section 242(b), to carry out projects of the kinds 
described in subsection (a).

``SEC. 242. 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. 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 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. 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. 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.
            ``(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. 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
                    ``(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.''.

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. 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
                    ``(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;
            ``(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. 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 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. 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. 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. 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. 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:
    ``(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
                    ``(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. 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. 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. 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. 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:

``SEC. 299J. 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) in section 202(b) by striking ``prescribed for 
        GS-18 of the General Schedule by section 5332'' and 
        inserting ``payable under section 5376'',
            (2) in section 221(b)(2) by striking the last 
        sentence,
            (3) 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) in section 214(b)(1) by striking ``262, 293, 
        and 296 of subpart II of title II'' and inserting 
        ``299B and 299E'',
            (B) in section 214A(c)(1) by striking ``262, 293, 
        and 296 of subpart II of title II'' and inserting 
        ``299B and 299E'',
            (C) 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) 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 GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

``SEC. 501. SHORT TITLE.

    ``This title may be cited as the `Incentive Grants for 
Local Delinquency Prevention Programs Act of 2002'.

``SEC. 502. 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. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.

    ``The Administrator shall--
            ``(1) issue such rules as are necessary or 
        appropriate to carry out this title;
            ``(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) 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. 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 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. 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 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. 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
                            (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 
imprisonment 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 
                        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 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 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. 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 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. ELECTRONIC FILING AND PROCESSING OF PATENT AND TRADEMARK 
                    APPLICATIONS.

    (a) Electronic Filing and Processing.--The 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 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 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 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
            ``(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 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 Property and High Technology Technical 
                               Amendments

SEC. 13201. 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 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, 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 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) Section 4505 is amended to read as follows:

``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) in paragraph (1), by striking ``Section 
                11'' and inserting ``Section 10'';
                    (B) in paragraph (2), by striking ``Section 
                12'' and inserting ``Section 11''.
                    (C) 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) 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) 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.''.

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--
                    (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) in paragraph (9)(A)(ii), by inserting 
                ``in subsection (b),'' after ``(ii)''; and
                    (B) 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) Section 4802(1) of that Act is amended by 
        inserting ``to'' before ``citizens''.
            (3) Section 4804 of that Act is amended--
                    (A) in subsection (b), by striking 
                ``11(a)'' and inserting ``10(a)''; and
                    (B) in subsection (c), by striking ``13'' 
                and inserting ``12''.
            (4) 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 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 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, 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) 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) 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).
            (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
                    (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 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 Use Copyright Exemption

SEC. 13301. EDUCATIONAL USE COPYRIGHT EXEMPTION.

    (a) Short Title.--This 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--
                    ``(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 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 than 180 days after the 
        date of enactment of this Act and after a period for 
        public comment, 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 Protocol Implementation

SEC. 13401. 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. 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 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.
            ``(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. 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. 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. 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 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. 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. 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. 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.
            ``(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. 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. 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 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. 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. 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 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. 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. 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) 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.
    ``(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. 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. 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. 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. 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
            (2) the date occurring 1 year after the date of 
        enactment of this Act.

         TITLE IV--ANTITRUST TECHNICAL CORRECTIONS ACT OF 2002

SEC. 14101. 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) by striking section 77; and
                    (B) 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''.
    (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) 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 116 of the Act of November 19, 2001 is 
repealed.

SEC. 14103. 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.

      And the Senate agree to the same.

                From the Committee on the Judiciary, for 
                consideration of the House bill and the Senate 
                amendment, and modifications committed to 
                conference:
                                   F. James Sensenbrenner,
                                   Henry Hyde,
                                   George W. Gekas,
                                   J. Howard Coble,
                                   Lamar Smith,
                                   Elton Gallegly,
                                   John Conyers, Jr.,
                                   Barney Frank,
                                   Bobby Scott,
                                   Tammy Baldwin,
                                           (Provided, That Mr. Berman 
                                               is appointed in lieu of 
                                               Ms. Baldwin for 
                                               consideration of sec. 
                                               312 of the Senate 
                                               amendment, and 
                                               modifications committed 
                                               to conference.)
                                   Howard Berman,
                From the Committee on Energy and Commerce, for 
                consideration of secs. 2203-6, 2206, 2210, 
                2801, 2901-2911, 2951, 4005, and title VIII of 
                the Senate amendment, and modifications 
                committed to conference:
                                   Billy Tauzin,
                                   Michael Bilirakis,
                                   John D. Dingell,
                From the Committee on Education and the 
                Workforce, for consideration of secs. 2207, 
                2301, 2302, 2311, 2321-4, and 2331-4 of the 
                Senate amendment, and modifications committed 
                to conference:
                                   Peter Hoekstra,
                                   Michael N. Castle,
                                   George Miller,
                                 Managers on the Part of the House.

                                   Patrick Leahy,
                                   Ted Kennedy,
                                   Orrin Hatch,
                                Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill, H.R. 2215, the 21st 
Century Department of Justice Appropriations Authorization Act, 
to authorize appropriations for the Department of Justice for 
fiscal year 2002, and for other purposes, submit the following 
joint statement to the House and the Senate in explanation of 
the effect of the action agreed upon by the managers and 
recommended in the accompanying conference report:
      The Senate amendment struck the entire House bill after 
the enacting clause and inserted a substitute text.
      The House recedes from its disagreement to the amendment 
of the Senate with an amendment that is a substitute for the 
House bill and the Senate amendment. The differences between 
the House bill, the Senate amendment, and the substitute agreed 
to in conference are noted below, except for clerical 
corrections, conforming changes made necessary by agreements 
reached by the conferees, and minor drafting and clerical 
changes.
Section 1. Short title and table of contents
      Section 1 provides that the short title of the Act shall 
be the 21st Century Department of Justice Appropriations 
Authorization Act, as well as the Table of Contents.

     DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS 
                           AUTHORIZATION ACT

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002

Section 101. Specific sums authorized to be appropriated for fiscal 
        year 2002
      Section 101 authorizes appropriations to carry out the 
work of the various components of the Department of Justice for 
fiscal year 2002. The structure of section 101 mirrors the 
organization of the annual Commerce-Justice-State (CJS) 
appropriations bill and the President's budget request. The 
section authorizes the appropriations of amounts requested by 
the President in most accounts and as enacted in Public Law 
107-77. This provision is similar to section 101 of the House 
bill. The accounts, and the activities and components that each 
would fund, are as follows:
      General Administration--$92,668,000.--For the leadership 
offices of the Department (including the offices of the 
Attorney General and Deputy Attorney General) and the Justice 
Management Division, Executive Support Program, Intelligence 
Policy, Office of Professional Responsibility, and General 
Administration.
      Administrative Review and Appeals--$173,647,000.--For the 
Executive Office for Immigration Review and the Office of the 
Pardon Attorney.
      Office of Inspector General--$50,735,000.--For the 
investigation of allegations of violations of criminal and 
civil statutes, regulations, and ethical standards by 
Department employees, and for the new position of Deputy 
Inspector General to oversee the Federal Bureau of 
Investigation. This amount is $10 million above the President's 
request. The IG's Office has been severely downsized over the 
last several years from approximately 460 to 360 full-time 
equivalents. Oversight is a priority and this level of funding 
should get the IG back on the path of meeting the audit and 
oversight needs of the Department. The Committee expects that 
the OIG will substantially increase its oversight of the FBI, 
INS, and the Department's grant programs.
      General Legal Activities--$549,176,000.--For the conduct 
of the legal activities of the Department. This includes the 
Office of Solicitor General, Tax Division, Criminal Division, 
Civil Division, Environment and Natural Resources Division, 
Civil Rights Division, Office of Legal Counsel, Interpol, Legal 
Activities Office Automation, and Office of Dispute Resolution. 
The authorization includes not less than $4,000,000 to augment 
the investigation and prosecution of denaturalization and 
deportation cases involving alleged Nazi war criminals.
      Antitrust Division--$140,973,000.--For decreasing 
anticompetitive behavior among U.S. businesses and increasing 
the competitiveness of the national and international business 
environment.
      United States Attorneys--$1,353,968,000.--For the 94 U.S. 
Attorneys and their offices and the Executive Office of U.S. 
Attorneys. The U.S. Attorneys represent the United States in 
the vast majority of criminal and civil cases handled by the 
Justice Department. The authorization includes not less than 
$10,000,000 to augment the investigation and prosecution of 
intellectual property crimes, including software counterfeiting 
crimes and crimes identified in the No Electronic Theft (NET) 
Act (Public Law 105-147).
      Federal Bureau of Investigation--$3,524,864,000.--For the 
detection, investigation, and prosecution of crimes against the 
United States. The FBI is also authorized by Executive Order to 
protect against foreign intelligence and international 
terrorist activities and, in certain circumstances, to collect 
foreign intelligence.
      United States Marshals Service--$648,696,000.--To protect 
the Federal courts and its personnel and to ensure the 
effective operation of the Federal judicial system, of which no 
more than $15,000,000 may be used for construction.
      Federal Prison System--$4,622,152,000.--For the 
administration, operation, and maintenance of Federal penal and 
correctional institutions.
      Federal Prison Detention--$706,182,000.--For the support 
of U.S. prisoners in non-Federal institutions, as authorized by 
18 U.S.C. 4013(a).
      Drug Enforcement Agency--$1,481,783,000.--To enforce the 
controlled substance laws and regulations of the United States 
and to recommend and support nonenforcement programs aimed at 
reducing the availability of illicit controlled substances on 
the domestic and international markets.
      Immigration and Naturalization Service--$3,499,854,000.--
For the administration and enforcement of the laws relating to 
immigration, naturalization, and alien registration, of which 
no more than $2,739,695,000 for salaries and expenses and 
border affairs, no more than $631,745,000 for salaries and 
expenses of citizenship and benefits, and no more than 
$128,454,000 for construction.
      Fees and Expenses of Witnesses--$156,145,000.--For fees 
and expenses associated with providing witness testimony on 
behalf of the United States, expert witnesses, and private 
counsel for Government employees who have been sued, charged, 
or subpoenaed for actions taken while performing their official 
duties.
      Interagency Crime and Drug Enforcement--$338,577,000.--
For the detection, investigation, and prosecution of 
individuals involved in organized crime drug trafficking.
      Foreign Claims Settlement Commission--$1,136,000.--To 
adjudicate claims of U.S. nationals against foreign governments 
under jurisdiction conferred by the International Claims 
Settlement Act of 1949, as amended, and other authorizing 
legislation.
      Community Relations Service (CRS)--$9,269,000.--To assist 
communities in preventing violence and resolving conflicts 
arising from racial and ethnic tensions and to develop the 
capacity of such communities to address these conflicts without 
external assistance. CRS activities are conducted in accordance 
with title X of the Civil Rights Act of 1964.
      Assets Forfeiture Fund--$22,949,000.--To provide a stable 
source of resources to cover the costs of the asset seizure and 
forfeiture program, including the costs of seizing, evaluating, 
inventorying, maintaining, protecting, advertising, forfeiting, 
and disposing of property.
      United States Parole Commission--$9,876,000.--For the 
activities of the U.S. Parole Commission. The Commission has 
jurisdiction over all Federal prisoners eligible for parole, 
wherever confined, and continuing jurisdiction over those who 
are released on parole or as if on parole.
      Federal Detention Trustee--$1,000,000.--For necessary 
expenses to exercise 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 U.S. Marshall 
Service; and the detention of aliens in the custody of the 
Immigration and Naturalization Service.
      Joint Automated Booking System--$1,000,000.--For expenses 
necessary for the nationwide deployment of a Joint Automated 
Booking System including automated capability to transmit 
fingerprint and image data.
      Narrowband Communications--$94,615,000.--For the costs of 
conversion to narrowband communications, including the cost for 
operation and maintenance of Land Mobile Radio legacy systems.
      Radiation Exposure Compensation.--such sums as 
necessary--For administrative expenses in accordance with the 
Radiation Exposure Compensation Act.
      Counterterrorism Fund--$4,989,000.--For the reimbursement 
of costs authorized by section 101 of the USA PATRIOT Act 
(Public Law 107-56).
      Office of Justice Programs--$132,862,000.--For necessary 
administrative expenses of the Office of Justice Programs.
Section 102. Specific sums authorized to be appropriated for fiscal 
        year 2003
      Section 102 authorizes appropriations to carry out the 
work of the various components of the Department of Justice for 
fiscal year 2003. The conferees added this section to the 
conference report to reflect the President's budget request for 
fiscal year 2003, which was released after passage of the House 
and Senate bills. 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:
      General Administration.--$121,079,000.--For the 
leadership offices of the Department (including the offices of 
the Attorney General and Deputy Attorney General) and the 
Justice Management Division, Executive Support Program, 
Intelligence Policy, Office of Professional Responsibility, and 
General Administration.
      Administrative Review and Appeals.--$198,869,000.--For 
the Executive Office for Immigration Review and the Office of 
the Pardon Attorney.
      Office of Inspector General.--$66,288,000.--For the 
investigation of allegations of violations of criminal and 
civil statutes, regulations, and ethical standards by 
Department employees, and for the new position of Deputy 
Inspector General to oversee the Federal Bureau of 
Investigation.
      General Legal Activities.--$659,181,000.--For the conduct 
of the legal activities of the Department. This includes the 
Office of Solicitor General, Tax Division, Criminal Division, 
Civil Division, Environment and Natural Resources Division, 
Civil Rights Division, Office of Legal Counsel, Interpol, Legal 
Activities Office Automation, and Office of Dispute Resolution. 
The authorization includes not less than $4,000,000 to augment 
the investigation and prosecution of denaturalization and 
deportation cases involving alleged Nazi war criminals.
      Antitrust Division.--$141,855,000.--For decreasing 
anticompetitive behavior among U.S. businesses and increasing 
the competitiveness of the national and international business 
environment.
      United States Attorneys.--$1,550,948,000.--For the 94 
U.S. Attorneys and their offices and the Executive Office of 
U.S. Attorneys. The U.S. Attorneys represent the United States 
in the vast majority of criminal and civil cases handled by the 
Justice Department. The authorization includes not less than 
$10,000,000 to augment the investigation and prosecution of 
intellectual property crimes, including software counterfeiting 
crimes and crimes identified in the No Electronic Theft (NET) 
Act (Public Law 105-147).
      Federal Bureau of Investigation.--$4,323,912,000.--For 
the detection, investigation, and prosecution of crimes against 
the United States. The FBI is also authorized by Executive 
Order to protect against foreign intelligence and international 
terrorist activities and, in certain circumstances, to collect 
foreign intelligence.
      United States Marshals Service.--$737,346,000.--To 
protect the Federal courts and its personnel and to ensure the 
effective operation of the Federal judicial system, of which no 
more than $6,621,000 may be used for construction.
      Federal Prison System.--$4,605,068,000.--For the 
administration, operation, and maintenance of Federal penal and 
correctional institutions.
      Drug Enforcement Administration.--$1,582,044,000.--To 
enforce the controlled substance laws and regulations of the 
United States and to recommend and support nonenforcement 
programs aimed at reducing the availability of illicit 
controlled substances on the domestic and international 
markets.
      Immigration and Naturalization Service.--$4,131,811,000. 
For the administration and enforcement of the laws relating to 
immigration, naturalization, and alien registration, of which 
no more than $3,253,561,000 for salaries and expenses of Border 
Patrol; no more than $88,598,000 for salaries and expenses of 
immigration services, including international services; and no 
more than $789,652,000 for salaries and expenses for support 
and administration.
      School Compliance with INS Regulations: Designated School 
Officials (DSO) Certification. The conferees strongly endorse a 
plan for the INS to implement after January 31, 2003, a 
comprehensive training program for DSOs. This program should 
educate DSOs on their professional responsibilities with 
regards to IIRIRA, the USA PATRIOT Act and SEVIS and should 
employ a testing mechanism to verify this understanding. In 
addition, the training system should include a mechanism for 
creating a ``professional register'' of DSOs who have completed 
the requisite training and are, therefore, eligible to perform 
this vital function. It is recommended that the program be 
outsourced to a private-sector company with the ability to 
implement such a program effectively, rapidly and at little or 
no cost to the Federal Government.
      Fees and Expenses of Witnesses.--$156,145,000.--For fees 
and expenses associated with providing witness testimony on 
behalf of the United States, expert witnesses, and private 
counsel for Government employees who have been sued, charged, 
or subpoenaed for actions taken while performing their official 
duties.
      Interagency Crime and Drug Enforcement.--$362,131,000.--
For the detection, investigation, and prosecution of 
individuals involved in organized crime drug trafficking.
      Foreign Claims Settlement Commission.--$1,194,000.--To 
adjudicate claims of U.S. nationals against foreign governments 
under jurisdiction conferred by the International Claims 
Settlement Act of 1949, as amended, and other authorizing 
legislation.
      Community Relations Service.--$10,732,000.--To assist 
communities in preventing violence and resolving conflicts 
arising from racial and ethnic tensions and to develop the 
capacity of such communities to address these conflicts without 
external assistance. CRS activities are conducted in accordance 
with title X of the Civil Rights Act of 1964. The increased 
authorization provided by this section is intended to support 
the addition of six full-time employees to accommodate the 
expansion of the Community Relations Service's efforts to 
address heightened tension and potential for conflict in many 
communities in the wake of the September 11, 2001 attacks on 
the United States.
      Assets Forfeiture Fund.--$22,949,000.--To provide a 
stable source of resources to cover the costs of the asset 
seizure and forfeiture program, including the costs of seizing, 
evaluating, inventorying, maintaining, protecting, advertising, 
forfeiting, and disposing of property.
      United States Parole Commission.--$11,355,000.--For the 
activities of the U.S. Parole Commission. The Commission has 
jurisdiction over all Federal prisoners eligible for parole, 
wherever confined, and continuing jurisdiction over those who 
are released on parole or as if on parole.
      Federal Detention Trustee.--$1,388,583,000.--For 
necessary expenses to exercise 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 U.S. Marshals Service; and the detention of 
aliens in the custody of the Immigration and Naturalization 
Service.
      Identification System Integration.--$24,505,000.--For 
expenses necessary for the operation of the Identification 
System Integration.
      Narrowband Communications.--$149,292,000.--For the costs 
of conversion to narrowband communications, including the cost 
for operation and maintenance of Land Mobile Radio legacy 
systems.
      Radiation Exposure Compensation.--such sums as 
necessary.--For administrative expenses in accordance with the 
Radiation Exposure Compensation Act.
      Counterterrorism Fund.--$35,000,000.--For the 
reimbursement of costs authorized by section 101 of the USA 
PATRIOT Act (Public Law 107-56).
      Office of Justice Programs.--$215,811,000.--For 
administrative expenses not otherwise provided for, of the 
Office of Justice Programs.
      Legal Activities Office.--$15,942,000.--For necessary 
expenses related to office automation.
Section 103. Appointment of additional Assistant United States 
        Attorneys; reduction of certain litigation positions
      This section authorizes the Attorney General to transfer 
200 additional Assistant U.S. Attorneys from among the six 
litigating divisions at the Justice Department's headquarters 
(Main Justice) in Washington, DC., to the various U.S. 
Attorneys offices around the country. Vacant positions 
resulting from transfers pursuant to this section will be 
terminated. This section is intended to raise the productivity 
of Washington-based lawyers, who litigate criminal and civil 
cases across the nation for the Justice Department, by moving 
them to the field. Litigating attorneys for the Government are 
most effective in the Federal judicial district where their 
cases are pending. The appointment authorization is at the 
discretion of the Attorney General. This provision is identical 
to section 101 of the Senate bill and similar to section 102 of 
the House bill.
Section 104. Authorization of Additional Assistant United States 
        Attorneys for project safe neighborhoods
      This section authorizes an additional Assistant United 
States Attorney in each of the 94 U.S. Attorney Offices to 
implement part of the Administration's Project Safe 
Neighborhoods proposal to reduce school gun violence across the 
Nation. These prosecutors will assist in targeting juveniles 
who obtain weapons and commit violent crimes, as well as the 
adults who place firearms in the hands of juveniles. This 
provision is identical to section 102 of the Senate bill.

                TITLE II--PERMANENT ENABLING PROVISIONS

Section 201. Permanent authority
      Section 201 amends chapter 31 of title 28, United States 
Code, by creating a new section, ``530C''. This section details 
permitted uses of available funds by the Attorney General to 
carry out the activities of the Justice Department. General 
permitted uses of available funds include:
            Payment for motor vehicles, boats, and aircraft;
            Payment for service of experts and consultants, and 
        payment for private counsel;
            Payment for official reception and representation 
        expenses and public tours;
            Payment of unforeseen emergencies of a confidential 
        character;
            Payment of miscellaneous and emergency expenses;
            Payment of certain travel and attendance expenses;
            Payment of contracts for personal services abroad;
            Payment of interpreters and translators;
            Payment for uniforms;
            Payment for primary and secondary schooling of 
        dependents of personnel stationed overseas; and
            Payment for rewards, including authority for 
        terrorism-related rewards previously authorized by the 
        USA PATRIOT Act (Public Law107-56));
      Specific permitted uses of available funds include:
            Payment for aircraft and boats;
            Payment for ammunition, firearms, and firearm 
        competitions; and
            Payment for construction of certain facilities.
      The use of funds appropriated for Fees and Expenses of 
Witnesses is limited to certain expenses and the construction 
of witness safesites. The use of funds appropriated for the 
Federal Bureau of Investigation is limited to the detection, 
investigation, and prosecution of crimes against the United 
States. The use of funds appropriated for the Immigration and 
Naturalization Service is limited to general Immigration and 
Naturalization Service activities. The use of appropriated 
funds for the Federal Prison System is limited to general 
function of the Federal Prison System. The use of appropriated 
funds for the Detention Trustee is limited to the functions 
authorized by law relating to the detention of Federal 
prisoners in non--Federal institutions or otherwise in the 
custody of the U.S. Marshals Service and for the detention of 
aliens in the custody of the INS.
      The Attorney General is prohibited from compensating 
employed attorneys who are not duly licensed and authorized to 
practice under the law of a State, U.S. territory, or the 
District of Columbia. And reimbursement payments to 
governmental units of the Department of Justice, other Federal 
entities, or State or local governments are limited to uses 
permitted by the authority permitting such reimbursement 
payment.
      The section also permits the FBI and other components of 
the Department of Justice to enter into cooperative projects 
with foreign countries to improve law enforcement or 
intelligence operations and to authorize the Attorney General 
to charge and collect a fee for training of railroad police 
officers. In addition, the section authorizes the Attorney 
General to seek reimbursement of warranty work performed at 
Department of Justice facilities. The administration requested 
these provisions in its budget submissions for fiscal year 2002 
and fiscal year 2003. This provision is similar to section 201 
of the Senate and House bills.
Section 202. Permanent authority relating to enforcement of laws
      Section 202 amends chapter 31 of title 28, United States 
Code, by creating a new section, ``530D'' relating to reporting 
on the enforcement of laws. This section directs the Attorney 
General to report to Congress in any case in which the Attorney 
General, the President, head of executive agency, or military 
department:
            (1) Establishes a policy to refrain from enforcing 
        any provision of a Federal statute, rule, regulation, 
        program, policy, or other law within the responsibility 
        of the Attorney General;
            (2) Refrains from adhering to, enforcing, applying, 
        or complying with any other judicial determination or 
        other statute, rule, regulation, program, or policy 
        within the responsibility of the Attorney General;
            (3) Decides to contest in any judicial, 
        administrative, or other proceeding, the 
        constitutionality of any provision of any Federal 
        statute, rule, regulation, program, policy, or other 
        law;
            (4) Refrains 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 such 
        provision when the constitutionality of the provision 
        is challenged; or
            (5) When the Attorney General approves the 
        settlement or compromise of any claim, suit or other 
        action against the United States for more than 
        $2,000,000 (excluding prejudgment interest) or for 
        certain injunctive relief against the Government that 
        is likely to exceed three years.
      Each report, which is subject to certain time and content 
requirements, must be submitted to the Majority and Minority 
Leaders of the Senate, the Speaker of the House, House Majority 
Leader, House Minority Leader, and the Chairman and ranking 
minority member of the Senate and House Committees on the 
Judiciary, the Senate Legal Counsel and the General Counsel of 
the House of Representatives. Section 202 also includes a 
number of conforming amendments.
      This provision is similar to section 202 of the Senate 
and House bills.
Section 203. Miscellaneous uses of funds; technical amendments
      Section 203 provides technical amendments to the Bureau 
of Justice Assistance grant programs in title I of the Omnibus 
Crime Control and Safe Streets Act of 1968. It also makes minor 
amendments to the amount available to compensate attorneys 
specially retained by the Attorney General. This provision is 
identical to section 203 of the Senate bill and similar to 
section 204 House bill.
Section 204. Technical and miscellaneous amendments to Department of 
        Justice authorities; authority to transfer property of marginal 
        value; recordkeeping; protection of the Attorney General
      Section 204 makes technical amendments to section 524(c) 
of title 28, United States Code, clarifies the Attorney 
General's authority to transfer property of marginal value, and 
requires the use of standard criteria for the purpose of 
categorizing offenders, victims, actors, and those acted upon 
in 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. It also requires the Attorney General to notify 
Congress in writing of any civil asset forfeiture award greater 
than $500,000. This section further makes several clerical and 
technical amendments to title 28, United States Code. In 
addition, this section adds authority to ensure that no 
inference is created that the Government is liable for interest 
on certain retroactive payments made by the Department of 
Justice, and to improve financial systems and debt-collection 
activities. This provision is identical to section 204 of the 
Senate bill and similar to section 205 of the House bill.
Section 205. Oversight; waste, fraud, and abuse within the Department 
        of Justice
            Section 205 amends section 529 of title 28, United 
        States Code, to require the Attorney General to submit 
        an annual report to the House and Senate Committees on 
        the Judiciary describing:
            Every grant, cooperative agreement, or programmatic 
        services contract that was made, entered into, awarded, 
        or supplemented in the immediately preceding fiscal 
        year by or on behalf of the Office of Justice Programs 
        (other than one made to a governmental entity, pursuant 
        to a statutory formula); and
            A report on every grant, cooperative agreement, or 
        programmatic services contract made, entered into, 
        awarded, or supplemented by or on behalf of the Office 
        of Justice Programs that was terminated or that 
        otherwise ended in the immediately preceding fiscal 
        year (other than one made to a governmental entity, 
        pursuant to a statutory formula).
      In addition, section 205 amends the Anti-Lobbying Act to 
expand its coverage to all legislative activity at the Federal 
and State level and establishes a new reporting requirement on 
the enforcement and prosecution of copyright infringements, 
along with a number of conforming amendments. This provision is 
similar to section 205 of the Senate bill and section 206 of 
the House bill.
Section 206. Enforcement of Federal criminal laws by Attorney General
      Section 206 provides clarifying amendments to title 28, 
United States Code, relating to the enforcement of Federal 
criminal law. This provision is identical to section 206 of the 
Senate bill and section 207 of the House bill.
Section 207. Strengthening law enforcement in United States 
        territories, commonwealths, and possessions
      Section 207 allows the payment of a retention bonus and 
other extended assignment incentives to retain law enforcement 
personnel in U.S. territories, commonwealths and possessions. 
This new authority is needed to continue the fight against drug 
and crime problems in these areas. This provision is identical 
to section 208 of the Senate bill.

                        TITLE III--MISCELLANEOUS

Section 301. Repealers
      Section 301 repeals open-ended authorizations of 
appropriations for the National Institute of Corrections and 
the U.S. Marshals Service and redundant authorizations for 
payment of rewards. This provision is similar to section 301 of 
the Senate and House bills.
Section 302. Technical amendments to Title 18 of the United States Code
      Section 302 makes several minor clarifying amendments to 
title 18, United States Code. Section 302(3) moves a comma that 
became the focus of a statutory construction question in 
Crandon v. United States.\1\ This provision is identical to 
section 302 of the Senate and House bills.
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    \1\ 494 U.S. 152 (1990) (J. Scalia concurring).
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Section 303. Required submission of proposed authorization of 
        appropriations for the Department of Justice for fiscal years 
        2004 and 2005
      Section 303 requires the President to submit a Department 
of Justice authorization bill for fiscal years 2004 and 2005 to 
the House and Senate Committees on the Judiciary when the 
President submits his fiscal year 2004 budget request. This 
authorization bill should contain any recommended additions, 
changes or modifications to existing authorities that may be 
necessary to carry out the functions of the Department. Any 
such addition, change, or modification should be accompanied by 
a description of the change and the justification for the 
change. This provision is similar to section 303 of the Senate 
and House bills.
Section 304. Study of untested rape examination kits
      Section 304 requires the Attorney General to conduct a 
study and assessment of untested rape examination kits that 
currently exist nationwide, including information from all law 
enforcement jurisdictions. The Attorney General is required to 
submit a report of this study and assessment to the Congress. 
This provision is identical to section 304 of the Senate bill 
and section 305 of the House bill.
Section 305. Reports on use of DCS 1000 (carnivore)
      Section 305 requires the Attorney General and Director of 
the Federal Bureau of Investigation to submit a timely report 
to the House and Senate Committees on the Judiciary detailing, 
among other things, as:
            (1) The kind and number of orders or extensions 
        applied for to authorize the use of the DCS 1000 
        program (or any subsequent version of such program);
            (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;
            (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).
      This provision is identical to section 305 of the Senate 
bill and is similar to section 306 of the House bill.
Section 306. Study of allocation of litigating attorneys
      Section 306 requires the Attorney General to report to 
Congress within 180 days of enactment of this bill on the 
allocation of funds, attorneys, and other personnel, per-
attorney workloads for each office of U.S. Attorney and each 
division of the Department of Justice. This provision is 
identical to section 306 of the Senate bill.
Section 307. Use of Truth-in-Sentencing and Violent Offender 
        Incarceration Grants
      Section 307 provides States with flexibility to use 
existing Truth-In-Sentencing and Violent Offender Incarceration 
Grants to account for juveniles being housed in adult prison 
facilities. This provision is identical to section 307 of the 
Senate bill.
Section 308. Authority of the Department of Justice Inspector General
      Section 308 would amend Section 8E of the Inspector 
General Act of 1978 (5 U.S.C. App.) to provide explicit 
statutory authority for the Office of the Inspector General 
(``OIG'') to investigate all allegations of criminal or 
administrative misconduct by DOJ employees, including FBI 
personnel. The OIG is also authorized to refer certain matters 
to the FBI Office of Professional Responsibility or to the 
internal affairs office of the appropriate component of the 
Department. The Attorney General is directed to promulgate 
regulations implementing this OIG authority. The section would 
make clear that the OIG may investigate alleged misconduct by 
DOJ component heads.
      For many years, the FBI was excluded from OIG 
jurisdiction and the FBI's own internal Office of Professional 
Responsibility had sole authority to investigate FBI personnel 
misconduct, unless the Attorney General made an exception. The 
FBI's exclusive domain to investigate its own misconduct was 
unique in the Department and created the appearance of a 
conflict of interest. On July 11, 2001, Attorney General 
Ashcroft issued a new rule expanding the OIG's jurisdiction 
over the FBI. This section is consistent with, and codifies, 
the Attorney General's new rule.
      This provision is similar to section 308 of the Senate 
bill.
Section 309. Review of the Department of Justice
      To ensure that the OIG has the necessary structure and 
resources to effectively assume its new jurisdiction over the 
FBI and that the Congress is fully informed of such needs, this 
section requires the Inspector General to: (1) appoint an 
official to help supervise and coordinate oversight operations 
and programs of the FBI during the transition period; (2) 
conduct a comprehensive study of the FBI and report back to the 
House and Senate Judiciary Committees with a plan for auditing 
and evaluating various parts of the FBI (including information 
technology) and for effective continued OIG oversight; and (3) 
report back to the House and Senate Judiciary Committees on 
whether an Inspector General for the FBI should be established. 
The section would add a requirement to report on FBI 
administrative changes to implement the OIG authority, on 
different internal investigative methods used by DOJ components 
and steps to bring uniformity, and on whether recommended 
guidelines should be developed for the discipline of DOJ 
personnel for misconduct. This provision is similar to section 
309 of the Senate bill and section 304 of the House bill.
Section 310.--Authorization of appropriations
      The conferees agreed to add this section to authorize 
appropriations for the OIG and the FBI Office of Professional 
Responsibility for fiscal year 2003.
      Subsection (a) would authorize $2,000,000 to be 
appropriated to the Department of Justice for fiscal year 2003 
for three purposes: first, to increase the staffing level of 
the OIG by 25 full-time employees to conduct an increased 
number of audits, inspections, and investigations of alleged 
misconduct by FBI employees; second, to fund additional audit 
coverage of the grant programs administered by the Office of 
Justice Programs of the Department of Justice; and third, to 
conduct special reviews of FBI efforts to implement 
recommendations made by the OIG in reports on alleged 
misconduct by the Bureau.
      Subsection (b) would authorize $1,700,000 to be 
appropriated to the FBI for fiscal year 2003 to increase the 
staffing level of the FBI Office of Professional Responsibility 
by 10 full-time special agents and 4 full-time support 
employees.
Section 311. Report on threats and assaults against Federal law 
        enforcement officers, United States judges, United States 
        officials and their families
      Section 311 repeals a burdensome reporting requirement on 
the compilation of statistics relating to intimidation of 
Government employees and requires the Attorney General to 
report to Congress not later than 45 days after the end of the 
fiscal year 2002 on the number of investigations and 
prosecutions on threats and assaults against Federal law 
enforcement officers, U.S. judges, U.S. officials and their 
families. This provision is similar to section 311 of the 
Senate bill and the repeal provision is identical to the repeal 
provision in section 301 of the House bill.
Section 312. Additional Federal judgeships
      Section 312 authorizes eight new permanent judgeships as 
follows: five judgeships in the Southern District of 
California, two judgeships in the Western District of Texas, 
and one judgeship in the Western District of North Carolina. It 
would also convert four temporary judgeships to permanent 
judgeships--one each in the Central District of Illinois, the 
Southern District of Illinois, the Northern District of New 
York, and the Eastern District of Virginia. Additionally, 
section 312 creates seven new temporary judgeships, one each in 
the Northern District of Alabama, the District of Arizona, the 
Central District of California, the Southern District of 
Florida, the District of New Mexico, the Western District of 
North Carolina, and the Eastern District of Texas. Finally, it 
extends the temporary judgeship in the Northern District of 
Ohio for five years.

                    TITLE IV--VIOLENCE AGAINST WOMEN

Section 401. Short title
      Section 401 establishes the ``Violence Against Women 
Office Act'' as the short title.
Section 402. Establishment of Violence Against Women Office
      Section 402 specifies that Part T of Title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
Sec. 3796gg et seq.) will be amended by the following 
insertion, and changes the existing paragraph numbers to 
incorporate the amendment.
Section 2002. Establishment of Violence Against Women Office
      Section 2002 creates a separate and independent Violence 
Against Women Office (hereinafter the ``Office'') in the 
Department of Justice, under the general authority of the 
Attorney General. The Office shall be headed by a Director who 
reports directly to the Attorney General and has final 
authority over all grants, cooperative agreements and contracts 
awarded by the Office.
      Section 2002 also affirms that the Office has the sole 
jurisdiction over all the duties and functions delineated for 
the Director in Section 2004, and that the Office is 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). For instance, since its inception in 1995, 
the Violence Against Women Office has handled and coordinated 
the Department of Justice's legal and policy issues regarding 
violence against women--everything from enforcing protection 
orders across state lines to issuing annual reports on 
stalking. The jurisdiction provision ensures that coordination 
such as this will continue.
      In addition, the Violence Against Women Office also works 
with other federal agencies, such as the Department of Housing 
and Urban Development, the Department of Health and Human 
Services, and the Immigration and Naturalization Service about 
federal policies, programs, statutes, and regulations that 
impact violence against women such as immigration procedures 
for battered immigrant women, public housing assistance for 
battered women and their children, and women's health programs. 
Pursuant to this jurisdiction section, inter-department 
coordination such as this will continue.
Section 2003. Director of Violence Against Women Office
      Section 2003 establishes that the Office shall be headed 
by a Director appointed by the President and confirmed by the 
Senate. In addition, the Director is prohibited from other 
employment during service as Director. This provision specifies 
that compensation for the Director shall not exceed the rate 
payable for Level V of the Executive Schedule under Sec. 5316 
of Title 5, United States Code.
Section 2004. Duties and functions of director of Violence Against 
        Women Office
      Section 2004 delineates the duties and functions of the 
director and correspondingly, the jurisdiction of the Office as 
set forth in Sec. 2002 and they are as follows:
            (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, 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;
                    (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 
                government 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; and
            (8) Establishing such rules, regulations, 
        guidelines and procedures as are necessary to carry out 
        any function of the Office.
      Pursuant to Sec. 2004(3), the Director and the Office 
will continue to participate in task forces, commissions, 
committees, working groups such as the Violence Against Women 
Coordinating Council in the Department of Justice, Office of 
Justice Programs Indian Issues Working Group, and the 
Department of Defense Task Force on Domestic Violence.
Section 2005. Staff of Violence Against Women Office
      Section 2005 requires the Attorney General to ensure that 
the Office receives adequate staff to support the Director in 
carrying out the responsibilities, duties and functions.
Section 2006. Authorizations of appropriations
      Section 2006 authorizes the appropriations of such sums 
as may be necessary to carry out this title for each fiscal 
year until fiscal year 2005, the year through which the 
Violence Against Women Act is authorized.
Section 403. Effective date
      Section 403 states that this Title shall take effect 90 
days after the date of enactment of this amendment.

                   DIVISION B--MISCELLANEOUS DIVISION

                TITLE I--BOYS AND GIRLS CLUB OF AMERICA

Section 1101. Boys and Girls Clubs of America
      Section 1101 authorizes DOJ grants to the Boys and Girls 
Clubs of America to help establish 1,200 additional Boys and 
Girls Clubs across the nation with the goal of having 4,000 
Boys and Girls Clubs in operation by January 1, 2007. This 
provision is similar to section 1101 of the Senate bill.

 TITLE II--DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT OF 2001

Section 2001. Short title
      Section 2001 provides that the short title of this Act 
shall be the Drug Abuse Education, Prevention, and Treatment 
Act of 2001. It is the same as section 2001 of the Senate bill.

                Subtitle A--Drug-Free Prisons and Jails

Section 2101. Use of residential substance abuse treatment grants to 
        provide for services during and after incarceration
      Section 2101 authorizes the use of Residential Substance 
Abuse Treatment Grants for treatment and sanctions both during 
incarceration and after release, as requested in the 
Administration's fiscal year 2002 budget request. This 
provision is identical to section 310 of the Senate bill.
Section 2102. Jail-based substance abuse treatment programs
      Section 2102 provides grants to States for jail-based 
substance abuse programs, and requires States to make at least 
10 percent of funds received under this section available to 
local correctional facilities. It is similar to section 2102 of 
the Senate bill.
Section 2103. Mandatory revocation of probation and supervised release 
        for failing a drug test
      Section 2103 amends 18 U.S.C. sections 3565(b) and 
3583(g) to provide for mandatory revocation of probation or 
supervised release if a defendant tests positive for illegal 
controlled substances more than three times over the span of 
one year. This provision is identical to section 2103 of the 
Senate bill.

                  Subtitle B--Treatment and Prevention

Section 2201. Report on drug-testing technologies
      Section 2201 directs the National Institute of Justice to 
conduct a study of drug-testing technologies to identify and 
assess the efficacy, accuracy, and usefulness of such 
technologies. It is similar to section 2209 of the Senate bill.
Section 2202. Drug and substance abuse treatment, prevention, 
        education, and research study
      Section 2202 instructs the President, in consultation 
with the Attorney General, the Secretary of Health and Human 
Services, the Secretary of Education, and other appropriate 
Federal officers, to review all federal drug treatment, 
prevention, education, and research programs and recommend to 
Congress ways in which those programs could be streamlined, 
consolidated, simplified, coordinated, and made more effective.
Section 2203. Drug abuse and addiction research
      Section 2203 authorizes the expansion of 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. It is 
similar to section 2208 of the Senate-passed bill.

                        Subtitle C--Drug Courts

Sec. 2301. Drug courts
      Section 2301 authorizes the Attorney General to make 
grants to States to fund adult drug courts, juvenile drug 
courts, family drug courts, and tribal drug courts. Drug court 
programs receiving funds may only involve nonviolent offenders 
and must involve continuing supervision over those offenders, 
coordination with appropriate State or local prosecutor, and 
the provision of services such as drug treatment. The Attorney 
General is also required to implement recommendations of the 
General Accounting Office to improve the accountability and 
track the success of drug court programs throughout the nation. 
This section is similar to section 2401 of the Senate bill.
Sec. 2302. Authorization of appropriations
      Section 2302 authorizes appropriations of $50 million for 
fiscal year 2002, $54 million for fiscal year 2003, $58 million 
for fiscal year 2004, and $60 million for fiscal year 2005. 
This section is similar to section 2402 of the Senate bill.
Sec. 2303. Study by the General Accounting Office
      Section 2303 instructs the GAO to study and assess the 
effectiveness and impact of grants made under this subtitle.

 Subtitle D--Program for Successful Reentry of Criminal Offenders Into 
                           Local Communities

Sec. 2411. Post incarceration vocational and remedial educational 
        opportunities for inmates
      Section 2411 establishes a Federal Reentry Center 
Demonstration project, under which individualized plans will be 
developed to reduce recidivism by offenders to be released from 
the Federal prison population. Among other things, the project 
will include substance abuse treatment and aftercare, mental 
and medical health treatment and aftercare, vocational and 
educational training. The project will also include a 
reasonable method for imposing sanctions for a prisoner's 
violation of the conditions of participation in the project. It 
is similar to section 2511 of the Senate bill.
Sec. 2421. Amendments to the Omnibus Crime Control and Safe Streets Act 
        of 1968
      Section 2421 authorizes the Attorney General to make 
grants of up to $1 million to States, Territories, and Indian 
tribes to establish demonstration projects to promote 
successful reentry of criminal offenders. Funds can be expended 
for oversight and monitoring of released offenders, substance 
abuse treatment, and other purposes. This provision is similar 
to section 2521 of the Senate bill.

                       Subtitle E--Other Matters

Sec. 2501. Amendment to Controlled Substances Act
      Section 2501 makes a technical amendment to the Drug 
Abuse Treatment Act, which was signed into law last year, to 
amend the opt-out time limit from the date of passage of the 
Act to the date of Food and Drug Administration approval of the 
type of drugs authorized to be prescribed under the Act. This 
provision is identical to section 2951 of the Senate bill.
Sec. 2502. Study of methamphetamine treatment
      Section 2502 amends section 3633 of the Methamphetamine 
Anti-Proliferation Act of 2000 to request that the National 
Institute on Drug Abuse produce a report that the Act directed 
the Institute of Medicine of the National Academy to produce. 
This provision is identical to section 2952 of the Senate bill.
Sec. 2503. Authorization of funds for DEA police training in South and 
        Central Asia
      Section 2503 authorizes not less than $5 million for 
fiscal year 2003 to the Attorney General for regional antidrug 
training by the Drug Enforcement Administration for law 
enforcement entities in South and Central Asia.
Sec. 2504. United States-Thailand drug prosecutor exchange program
      Section 2504 authorizes the Attorney General to establish 
an exchange program in which prosecutors, judges, or 
policymakers from Thailand participate in an exchange program 
to observe federal prosecutors to learn about the various rules 
and procedures used in the United States to prosecute 
violations of federal criminal narcotics laws. The section 
authorizes $75,000 for fiscal years 2003 and 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
      Section 3001 would increase the statutory maximum 
sentence for witness tampering that involves the use of 
physical force. Under current law, a defendant convicted of 
using physical force to tamper with a witness, victim or 
informant faces a maximum sentence of 10 years. This section 
would increase the maximum for the use or attempted use of 
force to 20 years, which is the same sentence available for a 
defendant who tampers with a witness by attempted murder. The 
increased penalty is justified because the use of physical 
force is often comparably egregious to attempted murder, such 
as where the victim, witness or informant is severely beaten, 
even though the government cannot prove the specific intent to 
commit murder. Judges should have the authority to sentence 
accordingly. This section would also add a provision for 
conspiracy cases making the maximum sentence for conspiracy the 
same as the maximum sentence for the underlying substantive 
offense. This provision is similar to section 4001 of the 
Senate bill.
Sec. 3002. Correction of aberrant statutes to permit imposition of both 
        a fine and imprisonment
      This section would allow the court to impose both a fine 
and imprisonment under certain aberrant statutes that presently 
permit the imposition of only one of these punishments, but not 
both. The statutes at issue are 18 U.S.C. Sec. 401 (criminal 
contempt); 18 U.S.C. Sec. 1705 (destruction of letter boxes); 
18 U.S.C. Sec. 1916 (unauthorized employment or disposition of 
lapsed appropriations); 18 U.S.C. Sec. 2234 (willfully 
exceeding authority in executing a search warrant); 18 U.S.C. 
Sec. 2235 (maliciously procuring and executing a search 
warrant); and 28 U.S.C. Sec. Sec. 636(e)(2) & (3) (criminal 
contempt by magistrates). Although the general policy of the 
Sentencing Reform Act of 1984 that courts should have multiple 
sentencing options, see 18 U.S.C. Sec. 3551(b) (``A sentence to 
pay a fine may be imposed in addition to any other 
sentence.''), these statutes stand as an anomalous exception to 
that policy, see United States v. Versaglio, 85 F.3d 943, 946-
47 (2d Cir. 1996) (notwithstanding Sec. 3551(b), court many not 
impose both imprisonment and a fine under Sec. 401); United 
States v. Holloway, 991 F.2d 370, 373 (7th Cir. 1993) (same).
      Of the statutes that limit the court to a single 
sentencing option, only section 401 has generated case law 
concerning the effect of its disjunctive sentencing provisions. 
These cases have resulted in windfalls for undeserving 
defendants when judges who are unaware of the unusual 
restriction on their sentencing authority mistakenly impose an 
illegal sentence of both a fine and imprisonment. If the 
defendant tenders payment of the fine before the error is 
corrected, the sentence is deemed to have been fully satisfied 
and the term of imprisonment must be vacated. See In re 
Bradley, 318 U.S. 50 (1943); United States v. Catalano, 1996 WL 
387220 (2d Cir. July 11, 1996); Versaglio, 85 F.3d at 948; 
United States v. Holmes, 822 F.2d 481 (5th Cir. 1987); United 
States v. Sampogne, 533 F.2d 766, 767 (2d Cir. 1976). In 
effect, the defendant can buy immunity from imprisonment by 
immediately paying the fine and then filing an appeal 
challenging only the prison term. Even where it is clear that 
the sentencing court would have imposed a prison term rather 
than a fine if it had correctly understood its options, the 
defendant must be allowed to go free, with no possibility of 
the case being remanded for resentencing. While these decisions 
may be compelled by the plain wording of the statute, their 
outcomes are hardly satisfactory. As Chief Justice Stone 
remarked in his dissenting opinion in Bradley, it is unjust 
that ``the choice rests with the offender rather than with the 
court whether he shall be punished by fine or by imprisonment, 
either of which alone the court could have lawfully imposed; 
and that by payment of the fine, imposed and accepted under 
mistake of law * * * he may irrevocably escape punishment by 
imprisonment.'' 318 U.S. at 53; see also Holmes, 822 F.2d at 
505 (Brown, J., dissenting) (``The Constitution does not 
require that sentencing should be a game in which the wrong 
move by a judge means immunity for the prisoner.'').
      There is no sound reason to limit a court's sentencing 
authority under the statutes at issue to only a fine or 
imprisonment. No legislative history apparently exists to 
explain the reasons for these disjunctive sentencing 
provisions. Indeed, the Senate Judiciary Committee has 
previously remarked that this feature of section 401 was 
probably unintended and proposed correcting it in the Criminal 
Code Reform Act of 1979. See S. Rep. No. 96-553 at 355 (96th 
Cong. 2d Sess.). The correction is long overdue. The proposed 
amendment would therefore insert the phrase ``or both'' after 
the language authorizing a fine or imprisonment in the affected 
statutes. This section is identical to section 4002 of the 
Senate-passed bill.
Sec. 3003. Reinstatement of counts dismissed pursuant to a plea 
        agreement
      This section would create a new provision, to be codified 
at 18 U.S.C. Sec. 3296, which would extend the statute of 
limitations for counts dismissed pursuant to a plea agreement 
when the defendant's guilty plea is subsequently vacated. There 
have been cases where a defendant is indicted on one set of 
charges and pleads guilty to lesser counts pursuant to a plea 
bargain, but then later succeeds in getting the guilty plea 
vacated. If the plea is vacated after the statute of 
limitations on the original set of charges has run, courts have 
held that those charges cannot be reinstated and that the case 
is time-barred. Thus, the defendant can no longer be prosecuted 
even though the government acted with all reasonable diligence 
in bringing the case. See United States v. Midgley, 142 F.3d 
174, 178-80 (3d Cir. 1998); United States v. Podde, 105 F.3d 
813 (2d Cir. 1995). The bill would close this loophole by 
giving the government 60 days after the order vacating the 
defendant's plea becomes final to move to reinstate any charges 
dismissed pursuant to a plea agreement. This approach is 
analogous to that of 18 U.S.C. Sec. 3288, which grants the 
government a grace period to obtain a new indictment when 
counts are dismissed after the expiration of the statute of 
limitations.
      The new section 3296 would not prevent the court from 
considering any defense other than statute of limitations to 
the reinstated charges. Thus, for example, defendants who 
contend that their ability to defend against the reinstated 
counts has been irreparably prejudiced by the passage of time 
retain their ability to bring a constitutional speedy trial 
claim, see Barker v. Wingo, 407 U.S. 514 (1972), as well as any 
other defenses to the prosecution they would otherwise have. 
This provision is identical to section 4003 of the Senate bill.
Sec. 3004. Appeals from certain dismissals
      This section clarifies that 18 U.S.C. Sec. 3731 
authorizes an appeal by the United States, consistent with the 
Double Jeopardy clause, whenever a district court enters an 
order dismissing or striking part of an indictment or 
information. Section 3731 confers broad authority on the United 
States to appeal orders of district courts that dismiss an 
indictment or information either in whole or as to ``any one or 
more counts.'' The statute was designed to permit the United 
States to appeal virtually all adverse rulings in criminal 
cases, when not precluded from doing so by the Double Jeopardy 
Clause of the Constitution, and contains a final sentence 
stating that the ``provisions of this section shall be 
liberally construed to effectuate its purposes.'' As a result 
of this language, the statute has generally been generously 
interpreted to allow government appeals, even when its literal 
language does not clearly extend to the case, such as where a 
district court has dismissed only a portion of a count such as 
a predicate act in a RICO count or an overt act in a conspiracy 
count. See, e.g., United States v. Levasseur, 846 F.2d 786 (1st 
Cir. 1988) (appeal held to lie where predicate acts were 
stricken from a RICO count). This approach is consistent with 
the Supreme Court's observation that section 3731 permits ``an 
appeal from an order dismissing only a portion of a count.'' 
Sanabria v. United States, 437 U.S. 54, 69 n.23 (1978). 
However, one federal circuit has held that section 3731 does 
not permit any government appeals from the dismissal of only 
part of a count. See United States v. Louisiana Pacific 
Corporation, 106 F.3d 345 (10th Cir. 1997). In other cases, 
appellate review of orders dismissing predicate acts or overt 
acts has been denied where the dismissed acts could not 
themselves have been charged in separate counts. See United 
States v. Terry, 5 F.3d 874 (5th Cir. 1993); United States v. 
Tom, 787 F.2d 65 (2d Cir. 1986).
      It is time to resolve these conflicting results 
definitively. The reach of section 3731 should clearly be 
extended to orders dismissing portions of counts. Although the 
Solicitor General, who must approve all appeals by the United 
States to a court of appeals, only seldom authorizes appeals 
from partial dismissals of counts in criminal cases, there is 
no reason not to permit the government to appeal when the issue 
involved is important and determined by the Solicitor General 
to be worthy of presentation to a higher court. Indeed, there 
are some cases where the dismissal of a predicate act or overt 
act may substantially weaken the government's ability to prove 
its case. The proposed amendment would therefore insert the 
phrase ``or any part thereof'' in section 3731 so as to make 
clear that dismissals of any part of a count are subject to 
appeal by the United States in appropriate circumstances. This 
provision is identical to section 4004 of the Senate bill.
Sec. 3005. Clarification of length of supervised release terms in 
        controlled substance cases
      This section resolves a conflict in the circuits as to 
the permissible length of supervised release terms in 
controlled substance cases. Under 18 U.S.C. 3583(b), ``[e]xcept 
as otherwise provided,'' the maximum authorized terms of 
supervised release are 5 years for Class A and B felonies, 3 
years for Class C and D felonies, and 1 year for Class E 
felonies and certain misdemeanors. The drug trafficking 
offenses in 21 U.S.C. Sec. Sec. 841 and 960 prescribe special 
supervised release terms, however, that are longer than those 
applicable generally under section 3583(b). Those longer terms, 
which may include lifetime supervised release, were enacted in 
1986 in the same Act that inserted the introductory phrase 
``Except as otherwise provided'' in section 3583(b). Because of 
this clear legislative history and intent, three courts of 
appeals have held that section 3583(b) does not limit the 
length of supervised release that may be imposed for a 
violation of 21 U.S.C. Sec. Sec. 841 or 960 when a greater term 
is there provided. United States v. LeMay, 952 F.2d 995, 998 
(8th Cir. 1991); United States v. Eng, 14 F.3d 165, 172-3 (2d 
Cir. 1994); United States v. Garcia, 112 F.3d 395 (9th Cir. 
1997). Two courts of appeals, however, have reached the 
opposite result, holding that the length of a supervised 
release term that can be imposed for controlled substance cases 
is limited by 18 U.S.C. Sec. 3583(b). United States v. Gracia, 
983 F.2d 625, 630 (5th Cir. 1993); United States v. Kelly, 974 
F.2d 22, 24-25 (5th Cir. 1992); United States v. Good, 25 F.3d 
218 (4th Cir. 1994).
      Although the issue has not arisen with frequency, the 
conflict is entrenched and should be dealt with definitively. 
Accordingly, the amendment would add the words 
``Notwithstanding section 3583 of title 18'' to the title 21 
controlled substance offenses in the parts of those statutes 
dealing with supervised release to make clear that the longer 
terms there prescribed control over the general provision in 
section 3583. Of course, the Sentencing Guidelines would 
continue to govern the permissible length of supervised release 
terms under the amended statutes. This provision is identical 
to section 4005 of the Senate bill.
Sec. 3006. Authority of court to impose a sentence of probation or 
        supervised release when reducing a sentence of imprisonment in 
        certain cases
      This section would confer express authority on courts 
under section 3582(c)(1)(A), when exercising the power to 
reduce a term of imprisonment for extraordinary and compelling 
reasons, to impose a sentence of probation or supervised 
release with or without conditions. Such added flexibility is 
consistent with the purposes for which this statute was 
designed and will likely facilitate its use in appropriate 
cases.
      Under 18 U.S.C. 3582(c)(1)(A), a court is authorized, on 
motion of the Bureau of Prisons and consistent with the 
purposes of sentencing in 18 U.S.C. 3553, to ``reduce the term 
of imprisonment'' upon a finding that ``extraordinary and 
compelling reasons'' warrant such a reduction. This limited 
authority has been generally utilized when a defendant 
sentenced to imprisonment becomes terminally ill or develops a 
permanently incapacitating illness not present at the time of 
sentencing. In such circumstances, the situation of a prisoner 
(e.g., one suffering from a contagious debilitating disease), 
may make a court reluctant simply to release the prisoner back 
into society unless another sentencing option such as home 
confinement as a condition of supervised release or probation 
can be imposed. Presently, however, it is doubtful whether a 
court can order such a sentence since section 3582(c)(1)(A) 
speaks only in terms of reducing ``the term of imprisonment,'' 
not imposing in its stead a lesser type of sentence. Cf. Fed. 
R. Crim. P. 35(b), which gives a court the power to ``reduce a 
sentence'' to reflect substantial assistance. The proposed 
language also makes it clear that any new term of supervised 
release or probation cannot be longer than the unserved portion 
of the original prison term, as it is not intended that this 
provision be used to increase the total amount of time that a 
person's liberty is restricted. This provision is identical to 
section 4006 of the Senate bill.
Sec. 3007. Clarification that making restitution is a proper condition 
        of supervised release
      This section would remedy an ambiguity relating to 
restitution as a condition of supervised release. Under 18 
U.S.C. 3583(c) and (e), the court is authorized to consider 
various sentencing factors set forth in 18 U.S.C. 3553 as a 
basis for imposing restitution as a condition of supervised 
release or for revoking or modifying the conditions of 
supervised release. Supervised release is among the purposes of 
sentencing enumerated in section 3553, in paragraph (a)(7), but 
is not among the factors enumerated in section 3583(c) and (e). 
However, 18 U.S.C. 3583(c) also authorizes the court to impose 
any condition of supervised release that is an authorized 
condition of probation under 18 U.S.C. 3563(b), and making 
restitution is among those conditions (see section 3564(b)(2)). 
Thus, it appears clear that a court has authority to impose a 
restitution condition upon a term of supervised release. But 
the absence of a reference to section 3553(a)(7) in the 
revocation subsection of section 3583 raises a question 
whether, even though it is an authorized condition of 
supervised release, a court has authority to revoke or modify 
the term for willful failure to make restitution. Such 
authority is probably implicit and was surely intended by 
Congress. See United States v. Payan, 992 F.2d 1387, 1395-96 
(5th Cir. 1993). This amendment would provide a reference to 
section 3553(a)(7) in the supervised release statute and remove 
any ambiguity in this regard. Of course, even under the amended 
statute, a court could not revoke or modify the defendant's 
supervised release for failure to pay restitution unless the 
defendant had the resources to pay and willfully refused to do 
so. See Bearden v. Georgia, 461 U.S. 660 (1983); Payan, 992 
F.2d at 1396-97. This provision is identical to section 4007 of 
the Senate bill.

        TITLE IV--CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002

Sec. 4001. Short title
      This section provides that the short title of the act 
shall be the ``Criminal Law Technical Amendments Act of 2002.'' 
This provision is similar to section 5001 of the Senate bill.
Sec. 4002. Technical amendments relating to criminal law and procedure
      This section makes over 60 separate technical changes to 
various criminal statutes by correcting missing and incorrect 
words, margins, punctuation, redundancies, outmoded fine 
amounts, cross references, and other technical and clerical 
errors. This provision is identical to section 5002 of the 
Senate bill.
Sec. 4003. Additional technicals
      Section 4003 makes additional technical changes to 
criminal statutes, and is similar to section 5003 of the Senate 
bill.
Sec. 4004. Repeal of outmoded provisions
      This provision is similar to section 5004 of the Senate 
bill.
Sec. 4005. Amendments resulting from public law 107-56
      This provision is identical to section 5005 of the Senate 
bill.
Sec. 4006. Cross reference correction
      The conferees agree to add this section to make a 
technical correction to the International Convention for the 
Suppression of Terrorist Bombings.

      TITLE V--PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

Sec. 5001. Paul Coverdell Forensic Sciences Improvement Act
      Section 5001 amends the Paul Coverdell National Forensic 
Sciences Improvement Act of 2000 to permit local crime labs to 
receive grants. In addition, the section allows the Attorney 
General to make discretionary grants to any State or locality 
after considering the state crime rate and existing crime lab 
resources and requires each State to include in its report to 
the Attorney General on the comparison of pre-grant and post-
grant forensic science capabilities, and an identification of 
the number and type of cases currently accepted by the 
laboratory. This provision is identical to section 7001 of the 
Senate bill.
Sec. 5002. Authorization of appropriations
      Section 5002 authorizes to be appropriated for each of 
fiscal years 2002 through 2007 such sums as necessary for the 
Center for Domestic Preparedness of the Department of Justice 
in Anniston, Alabama; the Texas Engineering Extension Service 
of Texas A&M; University; the Energetic Materials Research and 
Test Center of the New Mexico Institute of Mining and 
Technology; the Academy of Counterterrorist Education at 
Louisiana State University; the National Exercise, Test, and 
Training Center of the Department of Energy, located at the 
Nevada test site; the National Center for the Study of Counter-
Terrorism and Cyber-Crime at Norwich University; and the 
Northeast Counterdrug Training Center at Fort Indiantown Gap, 
Pennsylvania. This provision is similar to section 7002 of the 
Senate bill.

     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
      Section 11001 makes findings regarding the number of law 
enforcement and public safety officers currently serving in the 
United States and the number assaulted, injured or killed in 
the line of duty each year. Congress finds that these officers 
risk their safety to serve the citizens of their communities. 
This section makes the finding that many of the communities do 
not have the resources to properly honor the fallen officers 
that have served them.
      This section authorizes the Attorney General to award 
matching grants up to 50 percent of the cost of the tribute 
directly to a State, local government or Indian Tribe in an 
amount not to exceed $150,000. It provides that Indian Tribes 
may use any funds appropriated by Congress for activities of 
the Bureau of Indian Affairs or Indian tribal government to 
meet the matching requirements.
      This section also requires any application for funds 
under this bill to meet the criteria established by the 
Attorney General. It requires the Attorney General to provide 
an annual report to provide Congress with information regarding 
the number of grants awarded, the amount of funds provided for 
those grants, and the activities for which the funds were used.
      This section includes an authorization of $3 million for 
each fiscal year 2002-2006, which results in a total 
authorization of $15 million over 5 years.
Sec. 11002. Disclosure of grand jury matters relating to money 
        laundering offenses
      In general, information relating to the investigation of 
a matter before a grand jury is subject to strict protection 
and may not be disclosed. Section 3322 of title 18, United 
States Code, provides limited exceptions to this rule, 
permitting bank regulators to obtain information in certain 
cases to ensure that they can continue to supervise banking 
organizations involved in law enforcement investigations. The 
statute, enacted following the savings and loan crisis and the 
extensive law enforcement efforts necessitated by bank and 
thrift failures, does not, however, cover money laundering 
cases. Section 11002 would amend 18 U.S.C. 3322 so that the 
Justice Department may obtain a court order to share grand jury 
information with bank supervisors if an investigation involves 
money laundering.
Sec. 11003. Grant program for State and local domestic preparedness 
        support
      This section makes technical corrections and adds 
additional uses to the Office of Domestic Preparedness grants 
to support state and local law enforcement agencies and other 
first responders prepare for and prevent terrorist attacks as 
authorized by section 1014 of the USA PATRIOT Act (Public Law 
107-56).
      The conferees strongly encourage the Department of 
Justice through the Office of Domestic Preparedness to support 
a public safety pilot project initiated by the Pennsylvania 
State Association of Boroughs designed to inventory the 
infrastructure and resources of five participating central 
Pennsylvania boroughs using GIS technology for the purpose of 
analyzing security risks and possible responses. Data collected 
on the five boroughs will be stored in an online searchable 
database or ``information warehouse.'' Data collected will 
include roads, water resources, stadiums, energy plants, 
hazardous materials locations and other assets.
Sec. 11004. United States Sentencing Commission access to NCIC terminal
      This section authorizes the U.S. Sentencing Commission to 
access the National Crime Information Center information system 
at the Federal Bureau of Investigation.
Sec. 11005. Danger pay for FBI agents
      Section 11005 provides special ``danger pay'' allowances 
for FBI agents in hazardous duty locations outside the United 
States, as is provided for agents of the Drug Enforcement 
Administration. The president's budget submission for fiscal 
years 2002 and 2003 requested this change in law. This section 
is identical to section 210 of the Senate-reported bill.
Sec. 11006. Police Corps
      Section 11006 extends the Police Corps' authorization for 
an additional four years. It also deletes the provisions that 
now give $10,000 a year to participating police agencies, 
thereby reducing the per-officer cost of the program by 30% and 
making funds available to support more officers; and updates 
the maximum for scholarship payments, from $7,500 (set when the 
bill was introduced in 1989) to $10,000 per year.
Sec. 11007. Radiation exposure compensation technical amendments
      The Radiation Exposure Compensation Act (``RECA'') 
Amendments of 2000, P.L. 106-245, inadvertently eliminated some 
claimants previously eligible for compensation, and made it 
more difficult for other claimants to prove eligibility. The 
technical amendments included in section 11007 are:
      Duration of Employment Standard as an Alternative to 
Radiation Exposure Levels--Under RECA as amended by P.L. 106-
245, uranium miners are required to prove exposure to at least 
40 working level months (WLMs) of radiation. Uranium millers 
and ore transporters are required to demonstrate employment in 
a mill or as an ore transporter for one full year. During the 
last congressional session, proposed amendments to P.L. 106-245 
by Senators Hatch and Daschle sought to eliminate the WLM 
exposure requirement for miners and substitute a one-year 
duration of employment requirement--identical to the one in 
place for millers and ore transporters. There are many miners, 
however, who worked for less than one year in uranium mines but 
who still were exposed to significant levels of radiation 
exposure and could easily qualify for eligibility with a 40 WLM 
standard. The proposed technical amendment would allow uranium 
miners to qualify by meeting either the 40 WLM exposure 
standard or the one year duration of employment standard.
      Reinsert a ``Downwinder'' Area Erroneously Stricken from 
Act by P.L. 106-245--In amending the list of ``downwinder'' 
areas, P.L. 106-245 inadvertently eliminated a portion of 
Mohave County, Arizona (located north of the Grand Canyon) that 
was previously compensable under RECA. As a consequence, 
claimants who reside in this portion of Mohave County are no 
longer eligible for compensation. The proposed technical 
amendment would again include this area in the definition of 
``downwinder'' areas.
      Remove Disparity for Downwinder and Onsite Participant 
``Lung Cancer'' Claimants--P.L. 106-245 added seven new cancers 
to the list of compensable cancers for the ``downwinder'' and 
``onsite participant'' provisions of RECA. These include: 
cancers of the male breast, salivary gland, urinary bladder, 
brain, colon, ovary and lung. With the exception of lung 
cancer, the Act now requires all compensable cancers to be 
``primary''--to originate in the specified organ or tissue. The 
proposed technical amendment would require that all compensable 
cancers be ``primary'' and thus eliminate the distinction 
inadvertently created by the amendments between lung cancer 
claimants and claimants with other compensable cancers.
      Remove Inconsistent Treatment for Claimants with In Situ 
Lung Cancers--As a result of the recent amendments, RECA treats 
``downwinder'' and ``onsite participant'' claimants with in 
situ lung cancer more stringently than uranium worker 
claimants. Presently, under the amended ``downwinder'' and 
``onsite participant'' provisions, compensation is available 
for lung cancer ``other than in situ lung cancer that is 
discovered during or after a post-mortem exam.'' This restricts 
compensation for in situ lung cancer to claimants who are 
living. No similar restriction exists for uranium worker 
claimants with in situ lung cancer. The proposed technical 
amendment would ensure consistent treatment of in situ lung 
cancer among all categories of claimants, and eliminate the 
distinction based on the timing of lung cancer diagnosis.
      Uranium Miners, Mill Workers, and Ore Transporters with 
Lung Cancer Should Not be Required to Show Evidence of Non-
Malignant Respiratory Disease--As amended by P.L. 106-245, RECA 
requires (in cases where the claimant is living) the submission 
of the same medical documentation for proof of a ``non-
malignant respiratory disease'' and ``lung cancer.'' While the 
documentation required is appropriate for purposes of 
establishing a non-malignant respiratory disease, it is not 
medically appropriate for establishing lung cancer. The 
requirement precludes most lung cancer claimants who do not 
also suffer from a non-malignant respiratory disease from 
establishing eligibility for compensation. The proposed 
technical amendment would eliminate the requirement that 
claimants with lung cancer also submit proof of a non-malignant 
respiratory disease.
      Requiring Claimants to Prove Uranium Mines in States Not 
Designated as ``AEC Mines'' is Inappropriately Restrictive--
P.L. 106-245 amended the Act to allow uranium miner claimants 
to qualify for compensation if an additional state not 
designated in the Act establishes that the ``Atomic Energy 
Commission'' (AEC) operated a uranium mine in the State between 
January 1, 1942 and December 31, 1971. The provision states 
that once the State has been certified for inclusion as a 
uranium mining state, a claimant may demonstrate employment in 
that state. The AEC, however, did not exist prior to January 1, 
1947. Maintaining the requirement is confusing for claimants 
employed in uranium mines between 1942 and 1946 in a state 
other than the one designated in the Act and may prevent them 
from qualifying for compensation. The proposed technical 
amendment would eliminate the requirement that a state operated 
an AEC uranium mine.
      Section 6(i) ``Issuance of Regulations'' Misplaced--The 
new provision regarding ``issuance of revised regulations'' 
should amend ``Section 6(k) Issuance of Regulations, Guidelines 
and Procedures.'' P.L. 106-245 inadvertently amends ``Section 
6(i) Use of Existing Resources.''
      Section on ``Affidavits'' Misplaced--P.L. 106-245 fails 
to enumerate a section for the newly-added provision regarding 
``affidavits.'' The provision regarding affidavits should be 
added as new section ``Section 6(m) Affidavits.''
      Omission of Uranium Millers and Ore Transporters from 
``Full Settlement of Claims'' Provision--P.L. 106-245 did not 
amend the Act's ``full settlement of claims'' provision (Sec. 
6(e)) to provide that acceptance of payment under the new 
claimant categories--uranium millers and ore transporters--
shall be in full settlement of all claims that individual may 
have against the United States. Presently, the provision 
applies only to the original RECA claimant categories. The 
technical amendment would correct the omission by providing 
that acceptance of payment shall be in full settlement of 
claims arising out of exposure to radiation with respect to all 
clamant categories. The technical amendment also takes into 
consideration the availability of additional compensation under 
the new Department of Energy compensation program (Energy 
Employees' Occupational Illness Compensation Program Act).
      ``Choice of Remedies'' Provision Requires Clarifying 
Language--P.L. 106-245 did not amend the Act's ``choice of 
remedies'' provision which prevents double recovery for 
individuals seeking payment under multiple sections of the Act. 
Presently, the Act's ``choice of remedies'' provision 
eliminates double recovery as between ``Downwinders,'' ``Onsite 
participants,'' and ``Uranium Miners.'' With the addition of 
the two new claimant categories--``Millers'' and ``Ore 
Transporters''--the provision is presently unclear as to 
whether multiple payments are now available. The technical 
amendment would clarify the ``choice of remedies'' provision to 
plainly state that there is no possibility of a double recovery 
under the amended Act.
      Section on ``GAO Reports'' Misplaced--P.L. 106-245 fails 
to enumerate a section for the provision regarding ``GAO 
Reports.'' The provision regarding GAO Reports should be added 
as new section ``Sec. 14. GAO Reports.''
Sec. 11008. Federal Judiciary Protection Act of 2002
      Section 11008 increases the maximum prison term for 
forcible assaults, resistance, intimidation, or interference 
with a Federal judge, Federal law enforcement officer, or U.S. 
official from 3 years imprisonment to 8 years and increases the 
maximum prison term for use of a deadly weapon or infliction of 
bodily injury against a Federal judge, Federal law enforcement 
officer, or U.S. official from 10 years imprisonment to 20 
years.
      This section also increases the maximum prison term for 
actual or attempted influencing, impeding, or retaliating 
against a Federal judge, Federal law enforcement officer, or 
U.S. official by threatening a family member of the employee, 
from 5 to 10 years, and from 3 to 6 years if the threat is to 
commit an assault.
      In addition, Section 11008 increases the maximum prison 
term from 5 to 10 years for threats of injury or kidnapping of 
any person mailed to a Federal judge, Federal law enforcement 
officer, or U.S. official, and from 3 to 6 years for 
extortionate threats to a Federal judge, Federal law 
enforcement officer, or U.S. official.
      It directs the U.S. Sentencing Commission to amend the 
Sentencing Guidelines to enhance penalties for assaults and 
threats against a Federal judge, Federal law enforcement 
officer, and U.S. official engaged in their official duties.
Sec. 11009. The James Guelff and Chris McCurley Body Armor Act of 2002
      Section 11009 defines the terms ``body armor,'' ``law 
enforcement agency,'' and ``law enforcement officer.'' It 
directs the U.S. Sentencing Commission to provide an 
appropriate sentencing enhancement for any crime of violence or 
drug trafficking crime in which the defendant used body armor. 
It also states that it is the Sense of the Senate that a 
minimum two-level enhancement is appropriate.
      Section 11009 makes it unlawful for a person who has been 
convicted of a violent felony to purchase, own, or possess body 
armor. It provides an affirmative defense against prosecution 
if the felon wore armor after obtaining permission from 
employer, and possession of armor was necessary for safe 
performance of lawful business activity. Individuals who 
violate this prohibition are guilty of a felony subject to a 
fine and a maximum sentence of three years.
      This provision also empowers Federal law enforcement 
agencies to donate surplus body armor directly to local and 
state law enforcement departments. These agencies include the 
Administrator of the Drug Enforcement Administration, the 
Director of the FBI, the Commissioner of the Immigration and 
Naturalization Service, the Director of the U.S. Marshals 
Service, the Director of the Bureau of Alcohol, Tobacco and 
Firearms, the Commissioner of Customs, and the Director of the 
United States Secret Service. Only body armor that is not 
required by the Federal government is eligible for donation.
Sec. 11010. Persons authorized to serve search warrant
      Section 11010 amends section 2703 of title 18 by stating 
that an officer's presence is not required to serve or execute 
a search warrant directed to a provider of electronic 
communication service or remote computing service for records 
or other information pertaining to a subscriber of that 
service.
Sec. 11011. Study on reentry, mental illness, and public safety
      Section 11011 requires the Attorney General to conduct a 
study of offenders with mental illness who are released from 
prison or jail to determine how many such offenders qualify for 
Medicaid, SSI, or SSDI, how many of those who qualify are 
actually enrolled in those programs, and how enrollment affects 
whether such offenders commit further crimes, among other 
things.
Sec. 11012. Technical amendment to Omnibus Crime Control Act
      The current version of Section 802(b) [42 U.S.C. 
Sec. 3783(b)] of the Omnibus Crime Control and Safe Streets Act 
gives rights of notice and appeal to applicants for the 
Violence Against Women Act (VAWA) Grants to Encourage Arrests 
program (Part U) whose applications have been denied. The 
Grants to Encourage Arrests program is a discretionary grant 
program and historically, a discretionary grant applicant is 
not afforded a right of appeal of an application denial. This 
is based on the rule that formula grants create an 
``entitlement,'' which gives formula grantees certain due 
process rights of notice and hearing in the event a formula 
grant application is denied. Discretionary grants, on the other 
hand, do not create any entitlement, and consequently 
discretionary grant applicants do not have such due process 
rights.
      A second problem with the current version of Section 
802(b) is that it does not give VAWA formula grant applicants 
these notice and appeal rights which they should have under the 
entitlement concept, because it does not cite to the STOP grant 
program in Part T, which is the VAWA formula grant program. 
This is illustrated by the language of Section 802(b) by which 
all formula grant programs under the Omnibus statute (except 
VAWA's STOP program) are covered by this version of Section 
802(b), and no other discretionary grant program are referenced 
by this provision (except the incorrect reference to VAWA's 
Grants to Encourage Arrest program, which would be changed by 
this amendment). The logical conclusion is that the reference 
to Part U was a misdesignation, and that Congress intended to 
reference Part T, the STOP formula grant program, and not Part 
U, the discretionary Grants to Encourage Arrest program. 
Accordingly, this section amends section 802(b) to give the 
right of appeal to VAWA STOP formula applicants and would also 
eliminate the right of appeal for discretionary grant 
applicants, as Congress clearly intended.
Sec. 11013. Debt collection improvement
      Section 11013 expands the use of the Department's Three 
Percent Debt Collection Fund. This fund was established by 
Section 108 of P.L. 103-121. The language of that Act permits 
the Department to credit three percent of all civil debt 
collections resulting from Department debt collection 
activities to the Working Capital Fund (the Three Percent Fund) 
and to use those deposits to the Fund only for the costs of 
processing and tracking civil debt collection litigation. The 
proposed language would expand the uses of the Three Percent 
Fund and establish a two tier structure for the expanded use of 
those funds.
      The first tier permits the Department would use deposits 
in the fund for processing and tracking both civil and criminal 
debt collection. Thereafter, if there are amounts remaining in 
the Fund after paying the costs of processing and tracking, the 
funds could be used for financial systems and for debt-
collection related personnel, administrative, and litigation 
expenses. The second tier permits the Department to use 
balances remaining after the costs of tracking and processing 
have been paid to support its financial management systems and 
to pay the costs of personnel, administration and other debt-
collection-related litigation expenses.
Sec. 11014. SCAAP authorization
      Section 10014 reauthorizes the State Criminal Alien 
Assistance Program (8 U.S.C. section 1231(i)(5)) through fiscal 
year 2004.
Sec. 11015. Use of annuity brokers in structured settlements
      Section 11015 reforms the Department of Justice's 
practice for using annuity brokers in structured settlements in 
two ways. First, it directs the Attorney General to 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 the list, and any updates to 
such list, to all United States Attorneys. Second, this 
provision permits the United States Attorney (or his designee) 
involved in any settlement negotiations (except those 
negotiated exclusively through the Civil Division of the 
Department of Justice) to 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
      Section 11016 states that processing fees for I-94, I-
94W, and I-68 forms are to be deposited in the Land Border 
Inspection Fee Account, as requested by the Bush Administration 
in its FY 2002 and 2003 budget submissions.
Sec. 11017. United States Parole Commission extension
      Section 11017 extends the United States Parole 
Commission, scheduled to cease operations later this year, for 
an additional three years. There are numerous offenders who 
remain under the supervision of the Parole Commission, which is 
responsible for administering the supervised release of 
District of Columbia offenders. This section also allows 
current Commissioners to extend their service on the 
Commission, and asks the Attorney General to conduct a study on 
whether the Parole Commission is the appropriate entity to 
administer supervised release for D.C. offenders.
Sec. 11018. Waiver of foreign country residence requirement with 
        respect to international medical graduates
      Section 11018 extends until 2004 the program authorizing 
visas for foreign medical graduates wishing to serve in the 
United States, and raises the number of visas available per 
State from 20 to 30.
Sec. 11019. Pretrial disclosure of expert testimony relating to 
        defendant's mental condition
      Section 11019 restores two provisions of Rule 16 of the 
Federal Rules of Criminal Procedure that were inadvertently 
omitted when the Supreme Court transmitted a revision of the 
Rules to Congress on April 29, 2002. The omitted provisions 
impose reciprocal obligations on the government and defendant, 
requiring each to disclose their expert witnesses' testimony on 
the defendant's mental condition bearing on the issue of guilt. 
The version of the Rules transmitted by the Supreme Court take 
effect on December 1, 2002, unless Congress acts to modify 
them. This section simply ensures that the sections that were 
omitted are not thus deleted from the Rules.
Sec. 11020. Multiparty, Multiforum Trial Jurisdiction Act of 2002
      Section 11020 would streamline the process by which 
multidistrict litigation governing disasters are adjudicated. 
This section would save litigants time and money, but would not 
interfere with jury verdicts or compensation rates for 
attorneys.
      The genesis of Sec. 11020 of the conference report took 
place during oversight hearings conducted in the 95th Congress 
by the House Subcommittee on Courts, Civil Liberties and the 
Administration of Justice (now Courts, the Internet and 
Intellectual Property). These efforts were joined by those of 
the Carter Administration to improve judicial machinery by 
abolishing diversity of citizenship jurisdiction and to 
delineate the jurisdictional responsibilities of state and 
federal courts. Following Senate opposition to such expansive 
change, the Subcommittee narrowed its focus and began to 
concentrate on the problem of dispersed complex litigation 
arising out of a single accident resulting in multiple deaths 
or injuries.\2\
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    \2\ Letter from Michael J. Remington, former Chief Counsel to the 
Subcommittee on Courts, Civil Liberties and the Administration of 
Justice of the Committee on the Judiciary, U.S. House of 
Representatives, to Representative F. James Sensenbrenner, Jr. (July 
14, 1999).
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      Legislation on this more specific issue was first 
introduced in both the 98th and 99th Congresses. The House of 
Representatives subsequently approved legislation highly 
similar to Sec. 11020 of the conference report in the 101st and 
102nd Congresses; and the full House Committee on the Judiciary 
favorably reported this language in the 103rd Congress as well. 
Moreover, Sec. 11020 of the conference report is highly similar 
to that set forth in Sec. 10 of the Subcommittee substitute to 
H.R. 1252, the ``Judicial Reform Act,'' from the 105th 
Congress, which the House passed in amended form with Sec. 10 
fully intact. In addition, during the 106th Congress the House 
of Representatives passed the precursor to Sec. 11020 of the 
conference report, H.R. 2112, by voice vote under suspension of 
the rules. Section 11020 of the conference report is now 
largely culled from Sec. 3 of H.R. 860, which the House passed 
under suspension of the rules on March 14, 2001. No hearings on 
H.R. 860 were held in the 107th Congress given the ample 
legislative history that preceded it from the 95th Congress 
through the 106th. The Judicial Conference and the Department 
of Justice have also supported these previous legislative 
initiatives.
      The need for enactment of Sec. 11020 of the conference 
report was articulated by an attorney who testified on behalf 
of a major airline manufacturer at the June 16, 1999, hearing 
on H.R. 2112.\3\ It is common after a serious accident to have 
many lawsuits filed in several states, in both state and 
federal courts, with many different sets of plaintiffs' lawyers 
and several different defendants. Despite this multiplicity of 
suits, the principal issue that must be resolved first in each 
lawsuit is virtually identical: Is one or more of the 
defendants liable? Indeed, in lawsuits arising out of major 
aviation disasters, it is common for the liability questions to 
be bifurcated and resolved first, in advance of any trial on 
individual damage issues. The waste of judicial resources--and 
the costs to both plaintiffs and defendants--of litigating the 
same liability question several times over in separate lawsuits 
can be extreme.
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    \3\ Hearing on H.R. 2112 Before the Subcomm. on Courts and 
Intellectual Property of the House Comm. on the Judiciary, 106th Cong., 
1st Sess. (June 16, 1999) (statement of Thomas J. McLaughlin, Esq., 
Perkins Coie, LLP, Attorneys for the Boeing Company at 4-9)
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      Different expert consultants and witnesses may be 
retained by the different plaintiffs' lawyers handling each 
case. The court in each lawsuit can issue its own subpoenas for 
records and for depositions of witnesses, potentially 
conflicting with the discovery scheduled in other lawsuits. 
Critical witnesses may be deposed for one suit and then 
redeposed by a different set of lawyers in a separate lawsuit. 
Identical questions of evidence and other points of law can 
arise in each of the separate suits, meaning that the parties 
in each case may have to brief and argue--and each court may 
have to resolve--the same issues that are being briefed, 
argued, and resolved in other cases, sometimes with results 
that conflict.
      Current efforts to consolidate all state and federal 
cases related to a common disaster are incomplete because 
current federal statutes restrict the ways in which 
consolidation can occur--apparently without any intention to 
limit consolidation. For example, plaintiffs who reside in the 
same state as any one of the defendants cannot file their cases 
in federal court because of a lack of complete diversity of 
citizenship, even if all parties to the lawsuit want the case 
consolidated. For those cases that cannot be brought into the 
federal system, no legal mechanism exists by which they can be 
consolidated, as state courts cannot transfer cases across 
state lines. In sum, full consolidation cannot occur in the 
absence of federal legislative redress.
      The changes set forth in Sec. 11020 of the conference 
report speak directly to these problems. The revisions should 
reduce litigation costs as well as the likelihood of forum-
shopping in airline accident cases; and an effective one-time 
determination of punitive damages would eliminate multiple or 
inconsistent awards arising from multiforum litigation.
      Sec. 11020. Multiparty, Multiforum Jurisdiction of 
District Courts. Section 11020 of the conference report would 
bestow original jurisdiction on federal district courts in 
civil actions involving minimal diversity jurisdiction among 
adverse parties based on a single accident where at least 75 
persons have died. The district court in which such cases are 
consolidated would retain those cases for determination of 
liability and punitive damages.
      More specifically, subsection 11020 of the conference 
report creates a new Sec. 1369 of Title 28 of the U.S. Code 
which confers original jurisdiction upon the federal district 
courts of any civil action involving minimal diversity between 
adverse parties that arise from a single accident and where at 
least 75 people have died in the accident if (a) a defendant 
resides in a state and a substantial part of the accident 
occurred in another state or other location (regardless of 
whether the defendant is also a resident of the state where a 
substantial part of the accident occurred); any two defendants 
reside in different states (regardless of whether such 
defendants are also residents of the same state or states); or 
(c) substantial parts of the accident occurred in different 
states.
      Subsection (b) of new Sec. 1369 creates an exception to 
the minimum diversity rule. In brief, a U.S. district court may 
not hear any case in which a ``substantial majority'' of 
plaintiffs and the ``primary'' defendants are all citizens of 
the same state; and in which the claims asserted are governed 
``primarily'' by the laws of that same state. In other words, 
only state courts may hear such cases. (This feature was one of 
three changes proffered to the Senate in an effort to develop 
greater support for H.R. 2112 in the waning days of the 106th 
Congress.
      Subsection (c) of new Sec. 1369 sets forth certain 
``special rules'' and definitions. They include the following:
      (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/subject of a foreign state, 
or a foreign state.
      (2) Corporation. 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 
deemed to be a resident of any state in which it is 
incorporated or licensed to do business.
      (3) Injury. Physical harm to a person, and physical 
damage or destruction of tangible property, but only if 
physical harm exists.
      (4) Accident. A sudden accident, or a natural event 
culminating in an accident, that results in death or injury 
incurred at a discrete location by at least 75 natural persons.
      (5) State. Includes the District of Columbia, the 
Commonwealth of Puerto Rico, and any territory or possession of 
the United States.
      Subsection (d) of new Sec. 1369 permits any person with a 
claim arising from an accident as defined by the terms of the 
bill to intervene as a party plaintiff, even if that person 
could not have brought an action in district court as an 
original matter.
      Pursuant to subsection (e) of new Sec. 1369, a federal 
district court in which an action is pending under the terms of 
the bill must promptly notify the Multidistrict Litigation 
Panel (MDLP)\4\ of the pendency.
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    \4\ 28 U.S.C. Sec. 1407. The Mutidistrict Litigation Panel--a 
select group of seven federal judges picked by the Chief Justice--helps 
to consolidate lawsuits which share common questions of fact filed in 
more than one judicial district nationwide. Typically, these suits 
involve mass torts--a plane crash, for example--in which the plaintiffs 
are from many different states. All things considered, the panel 
attempts to identify the one U.S. district court nationwide which is 
best adept at adjudicating pretrial matters. The panel then remands 
individual cases back to the districts where they were originally filed 
for trial unless they have been previously terminated.
---------------------------------------------------------------------------
      Section 11020(b) of the conference report amends the 
general federal venue statute \5\ by permitting any action 
under the bill to be brought in any district court in which any 
defendant resides or in which a substantial part of the 
accident giving rise to the action took place.
---------------------------------------------------------------------------
    \5\ 28 U.S.C. Sec. 1391.
---------------------------------------------------------------------------
      Section 11020(c) of the conference report permits a 
defendant in a civil action in state court to remove to the 
appropriate federal district court under 28 U.S.C. Sec. 1441 
if:
            (A) the action could have been brought under the 
        terms of Sec. 1369, or
            (B) The defendant is a party to an action which is 
        or could have been brought pursuant to the terms of the 
        bill in a federal district court and arises from the 
        same accident as the state court action.
      New Sec. 1441(e)(2)-(5), as created by Sec. 11020(c) of 
the conference report, also sets forth the procedure for 
removal, along with the terms by which an action is remanded 
back to state court for determination of damages, including 
appellate procedures governing liability. Any decision under 
Sec. 1441(e) concerning remand for the determination of damages 
is not reviewable by appeal or otherwise under new paragraph 
(6).
      Finally, Sec. 11020(d) of the conference report 
establishes service-of-process authority (new Sec. 1697) for 
actions brought under its terms.
      The amendments made by Sec. 11020 of the conference 
report 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 enactment of the Act.
Sec. 11021. Additional place of holding court in the Southern District 
        of Ohio
      This section authorizes judges in the Southern District 
of Ohio to hold court in St. Clairsville, Ohio.
Sec. 11022. Direct shipment of wine
      This section states that during any period that the 
Federal Aviation Administration has in effect restrictions on 
airline passengers to ensure their safety, a person who 
purchases wine while visiting a winery can ship wine to another 
state provided that the purchaser could have carried or brought 
the wine into the state to which the wine is shipped. Further, 
the purchaser must be of legal age to purchase alcohol, the 
shipment must require an adult signature upon delivery and the 
wine must be for personal use only and not for resale. Within 
two years of the date of enactment, and at two-year intervals 
thereafter, the Attorney General, in conjunction with the FAA 
Administrator, must submit a report to the House and Senate 
Committees on the Judiciary on the implementation of this 
provision.
Sec. 11023. Webster Commission implementation report
      This section implements a recommendation in the report of 
the Commission for Review of FBI Security Programs, dated March 
31, 2002 (``Webster Commission''). Subsection (a) would require 
the FBI Director to submit to the appropriate Committees of 
Congress a plan for implementation of the Webster Commission 
recommendations, including the costs of such implementation. 
Subsection (b) would require the FBI Director to submit to the 
appropriate Committee annual reports on implementation of this 
plan for three years thereafter. Subsection (c) defines the 
appropriate Committees as the Senate and House Judiciary and 
Appropriations Committees, the Senate Select Committee on 
Intelligence, and the House Permanent Select Committee on 
Intelligence.
Sec. 11024. FBI police
      This title provides statutory authorization for an 
already existing FBI police force that protects FBI buildings 
and adjacent streets. Currently, the FBI police suffers from a 
high rate of turnover due to lower pay and fewer benefits than 
the Uniformed Division of Secret Service or Capitol and Supreme 
Court police. This title would close this disparity.
      The section defines the terms ``Director,'' ``FBI 
buildings and grounds,'' and ``FBI police'' as used in the 
title. It authorizes the FBI Director to establish the FBI 
police, subject to the Attorney General's supervision, to 
protect persons and property within FBI buildings and grounds, 
including adjacent streets and sidewalks within 500 feet. FBI 
buildings and grounds would include any building occupied by 
the FBI and subject to FBI supervision and control, the land on 
which such building is situated, and enclosed passageways 
connecting such buildings. FBI police would be uniformed 
representatives of the FBI with authority to make arrests and 
otherwise enforce federal and D.C. laws, carry firearms, 
prevent breaches of the peace, suppress unlawful affrays and 
unlawful assemblies, and hold the same powers as sheriffs and 
constables. FBI police would not have authority to serve civil 
process. Pay and benefits would be equivalent to pay and 
benefits for the Secret Service Uniformed Division. The section 
provides that the authority of the Washington, D.C. 
Metropolitan Police would not be affected by this title.
Sec. 11025. Report on FBI information management and technology
      This section would require the FBI Director, with 
appropriate commends from other components of the Department of 
Justice, to submit to the Congress a report on FBI information 
management and technology, including whether the authority is 
needed to waive normal procurement regulations. The report 
would provide the results of pending Justice Management Council 
studies and Inspector General audits and submitting a 10-point 
plan for improving FBI information management and technology to 
consider (1) to what extent appropriate FBI technology 
management positions should be personnel with commercial sector 
experience, (2) how access to the most sensitive information 
can be audited so that suspicious activity is subject to near 
contemporaneous review, (3) how critical information systems 
can employ a public key infrastructure, (4) how security 
features can be tested, (5) which FBI employees should receive 
instruction in records and information management, (6) whether 
a reserve should be established for research and development, 
(7) whether administrative requirements for less costly 
software purchases are necessary, (8) whether the FBI should 
contract with an expert technology partner, (9) whether 
procedures should be instituted to procure through contracts of 
other agencies as necessary; and (10) whether system upgrades 
should be tested before operational deployment.
Sec. 11026. GAO report on crime statistics reporting
      This section requires the General Accounting Office to 
report on how crime statistics are reported and used by Federal 
law enforcement agencies. Specifically, the report would 
identify policies that allow a case to be claimed or reported 
by more than one law enforcement agency, the conditions that 
allow such reporting to occur, the number of such cases 
reported during a 4-year period, similar multiple claims of 
credit for arrests, the use of such statistics for 
administrative and management purposes, and relevant 
definitions. The report would include recommendations for how 
to eliminate unwarranted and duplicative reporting. Federal law 
enforcement agencies would be required to comply with GAO 
requests for information necessary to prepare the report.
Sec. 11027. Crime-free rural States grants
      Section 11027 authorizes $30 million over three years for 
the Attorney General to make grants to State criminal justice, 
Byrne, or other designated agencies to develop rural States' 
capacity to assist local communities in the prevention and 
reduction of crime, violence, and substance abuse.
Sec. 11028. Motor vehicle franchise contract dispute resolution process
      Section 11028 requires that whenever a motor vehicle 
franchise contract provides for the use of arbitration to 
resolve a controversy arising out of or relating to the 
contract, arbitration may be used to settle the controversy 
only if both parties consent in writing after such controversy 
arises. This section also requires the arbitrator to provide 
the parties with a written explanation of the factual and legal 
basis for the decision. The section provides that its 
provisions shall apply only to contracts entered into, 
modified, renewed or extended after the date of enactment.
Sec. 11029. Holding court for the southern district of Iowa
      Section 11029 states that the U.S. District Court for the 
Southern District of Iowa may hold court in Rock Island, 
Illinois, from January 1, 2003 through July 1, 2005, while the 
Davenport, Iowa courthouse undergoes renovation.
Sec. 11030. Posthumous citizenship restoration
      Section 11030 extends the deadline for allowing families 
of non-citizen veterans who died while serving honorably in 
past wars to apply for purely honorary posthumous citizenship 
on the part of the deceased non-citizen veteran.
Sec. 11030A. Extension of H-1B status for aliens with lengthy 
        adjudications
      Section 11030A allows for extension of H-1B status for 
aliens who file a labor certification more than 365 days before 
the end of their sixth year, and file an immigration petition 
before the end of their sixth year. This provision recognizes 
the lengthy processing times of the Department of Labor.
Sec. 11030B. Application for naturalization by alternative applicant if 
        citizen parent has died
      Section 11030B amends the Immigration and Nationality Act 
to authorize the submission of an application for 
naturalization under section 322 of such Act on behalf of a 
child by the child's grandparent or legal guardian, if the 
parent who otherwise would be authorized to submit such 
application is deceased.

                      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
      Section 11031(a): This subsection sets forth new 
procedures for certain investors to remove conditional resident 
status.
      Section 11031(b)(1): This subsection defines the 
investors who qualify under this section. They must meet three 
conditions: (1) they filed an I-526 petition and had it 
approved by the INS between January 1, 1995 and August 31, 
1998; (2) they obtained conditional resident status; and (3) 
before the date of enactment of this bill they filed an I-829 
to remove their conditional resident status.
      Section 11031(b)(2): This subsection allows investors 
whose I-829 petitions have been denied an opportunity to file a 
motion to reopen them, as long as they file the motion to 
reopen within 60 days after enactment. If the investor is 
outside the United States, the INS must parole the person back 
into the country unless they are inadmissible or deportable or 
they had a material misrepresentation in their petition. If an 
investor whose I-829 petition was denied is in removal 
proceedings, they too can file a motion to reopen to apply 
under this bill.
      Section 11031(c): This subsection sets forth procedures 
to determine whether investors can have their conditions 
removed.
      Section 11031(c)(1): This subsection states that the INS 
has 180 days after enactment to decide three things: (1) 
whether the I-829 petition has any material misrepresentations; 
(2) whether the investment created or saved 10 jobs; and (3) 
whether the investor has substantially complied with the 
investment requirement ($1 million or $500,000). The section 
also states that investments in regional centers or in troubled 
businesses count.
      Section 11031(c)(1)(D): This subsection gives investors a 
choice of three dates by which to measure their compliance: (1) 
the date the I-829 petition is filed; (2) six months after the 
I-829 petition is filed; or (3) the date the INS makes its 
determination.
      Section 11031(c)(1)(E): This subsection states that if 
the investor meets the jobs and investment requirements and has 
not made a material misrepresentation, the INS will remove the 
conditional resident status and the investor and family members 
become real permanent residents.
      Section 11031(c)(1)(F): This subsection states that if 
the INS finds against the investors on any of the three 
grounds, the Service must notify the investor, and the investor 
receives a chance to rebut the adverse facts. If the investor 
loses on the jobs or investment requirement, the INS will 
continue the investor's conditional resident status for two 
years. During that time the investor can try to meet those 
requirements (see below). If the INS finds that the investor 
made a material misrepresentation, the INS will terminate the 
investor's conditional resident status. The investor can appeal 
to the BIA and then seek judicial review. During administrative 
or judicial review proceedings the investor remains in 
conditional resident status.
      Section 11031(c)(2): This subsection provides for second 
determinations two years later for those investors who could 
not initially demonstrate the necessary number of jobs created 
or amount invested.
      Section 11031(c)(2)(A): This subsection states that an 
investor can combine investments made earlier with new 
investments to show that altogether he or she invested the 
total amount required. This includes investments in limited 
partnerships.
      Section 11031(c)(2)(C): This subsection states that the 
investor must file another I-829 during the 90 days preceding 
the two-year anniversary. Failure to file will normally 
terminate a conditional resident's status. There is a good 
cause exception.
      Section 11031(c)(2)(E): This subsection states that if an 
investor files another I-829 petition, the INS has 90 days to 
decide three things: (1) whether the I-829 petition has any 
material misrepresentations; (2) whether the investment created 
or saved 10 jobs; and (3) whether the investor has 
substantially complied with the investment requirement ($1 
million or $500,000). The investor can aggregate money invested 
before and jobs created or saved from the initial investment. 
As before, investments in regional centers or in troubled 
businesses count.
      Section 11031(c)(2)(F): This subsection states that if 
the investor meets the job creation and investment requirements 
and has not made a material misrepresentation, the INS will 
remove the conditional resident status of the investor and 
family members, who may become real permanent residents.
      Section 11031(c)(2)(G): This subsection states that if 
the INS finds against an investor on any of the three grounds, 
the Service must notify the investor, who may attempt to rebut 
the adverse facts. If the investor loses, the INS will 
terminate the investor's conditional resident status.
      Section 11031(d): This subsection states that an investor 
whose conditional resident status is terminated can have an 
immigration judge review that decision.
      Section 11031(e): This subsection provides that any alien 
who was admitted on a conditional basis by virtue of being the 
child of an EB-5 investor shall still be considered a child for 
purposes of this title.
      Section 11031(f): This subsection defines ``full-time'' 
employment to mean a position that requires at least 35 hours a 
week.
Sec. 11032. Conditional permanent resident status for certain alien 
        entrepreneurs, spouses, and children
      Section 11032 provides similar procedures for EB-5 
investors whose I-526 petitions were approved, but who never 
became conditional residents because the INS never acted on 
their adjustment of status applications or because they 
remained overseas. The key provisions of this section are 
outlined below.
      Section 11032(a): This subsection states that the INS 
must approve applications under this section within 180 days 
after enactment.
      Section 11032(b): This subsection defines an eligible 
individual as an investor who filed an I-526 petition that was 
approved by the INS between January 1, 1995 and August 31, 
1998, and who then timely filed an adjustment of status 
application or applied for an immigrant visa overseas. 
Investors are not eligible if they are inadmissible or 
deportable on any ground.
      Section 11032(c): This subsection states that if the INS 
revoked the I-526 petition on the ground that the investor 
failed to meet the capital investment requirement, that 
revocation is to be disregarded for purposes of this bill. If 
the adjustment of status application or immigrant visa 
application overseas is not pending on the date of enactment, 
it is to be treated as reopened if (i) it is not pending 
because the INS claims the investor never complied with the 
capital investment requirement or (ii) the investor left the 
United States without advance parole. If an investor applied 
for adjustment of status in the United States but is now 
overseas, the INS will establish a process to let them return 
to the United States if necessary to obtain adjustment.
      Section 11032(e): This subsection states that like 
investors covered by section 11031 above, investors covered by 
this section must file an I-829 petition within two years of 
becoming a conditional resident. The determinations and process 
are similar for both section 11031 and section 11032 investors. 
For example, the Attorney General shall credit the investor 
with funds invested and jobs created or saved both prior to and 
after the date of enactment. This section gives investors a 
choice of two dates by which to measure their compliance: (1) 
the date they filed their adjustment of status application; or 
(2) the date the INS decides the I-829 petition.
Sec. 11033. Regulations
      Section 11033 requires the INS to publish implementing 
regulations within 120 days of enactment. Until regulations are 
promulgated, the INS may not deny a pending I-829 petition or 
adjustment of status application relating to an alien covered 
under the terms of sections 11031 or 11032, or commence or 
continue removal proceedings against affected EB-5 investors.
Sec. 11034. Definitions
      Section 11034 states that the terms used in this title 
shall have the meaning given such terms in section 101(b) of 
the Immigration and Nationality Act (``INA''), unless otherwise 
provided.

                  CHAPTER 2--AMENDMENTS TO OTHER LAWS

Sec. 11035. Definition of ``Full-Time Employment''
      Section 11035 defines full-time employment for purposes 
of section 203(b)(5) of the INA as a position that requiring at 
least 35 hours a week.
Sec. 11036. Eliminating enterprise establishment requirement for alien 
        entrepreneurs
      Section 11036 amends section 203(b)(5) of the INA to 
eliminate the ``establishment'' requirement for EB-5 investors. 
Instead of showing that they have ``established'' a commercial 
enterprise, Investors need only that they have ``invested'' in 
a commercial enterprise. This section also amends section 216A 
of the INA to eliminate the ``establishment'' requirement for 
EB-5 investors who have filed I-829 petitions. Instead of 
showing that they have ``established'' a commercial enterprise, 
they need only show that they have ``invested'' in a commercial 
enterprise. They also must show that they have ``sustained'' 
their investment actions over the two-year period. This section 
also clarifies that a ``commercial enterprise'' may include a 
limited partnership. The changes made by this section apply to 
I-526 and I-829 petitions pending on or after the date of 
enactment.
Sec. 11037. Amendments to pilot immigration program for regional 
        centers to promote economic growth
      Section 11037 amends section 610(a) of the 1993 Commerce, 
State, Justice appropriations act to clarify that an EB-5 
regional center can promote increased export sales, improved 
regional productivity, job creation, or increased domestic 
capital investment. This accords with a 2000 amendment that 
became law, amending section 610(c) of the 1993 Act in a 
similar way. Section 11037 also clarifies that the INS should 
approve applications for EB-5 regional center status as long as 
they are based on a general prediction concerning the kinds of 
commercial enterprises that will receive capital from 
investors, the jobs that will be created directly or indirectly 
as a result of the investment of capital, and the positive 
economic impacts that will result from the investment of 
capital.

             Subtitle C--Judicial Improvements Act of 2002

Sec. 11041. Short title
      Section 11041 states that this subtitle may be cited as 
the ``Judicial Improvements Act of 2002.''
Sec. 11042. Judicial discipline procedures
      Section 11042 amends Part I of Title 28 to add a new 
``Chapter 16: Complaints Against Judges and Judicial 
Discipline,'' which consists of:

             QUOTED SECTION 351: COMPLAINTS; JUDGE DEFINED

      Allows any person who alleges that a circuit, district, 
bankruptcy, or magistrate judge has engaged in improper 
conduct, or that a judge is unable to perform his duties due to 
mental or physical disability, to file a written complaint with 
the clerk of the court of appeals for that judge's circuit. The 
clerk will present the complaint to the chief judge of the 
circuit, and to the judge who is the subject of the complaint. 
If the chief judge is the subject of the complaint, the second-
most senior judge will receive the complaint. (The chief judge 
may also independently identify a complaint without receiving 
it in writing.)

         QUOTED SECTION 352: REVIEW OF COMPLAINT BY CHIEF JUDGE

      The chief judge shall expeditiously review any complaint, 
and can conduct a limited factual inquiry. The chief judge may 
request that the judge whose conduct is at issue submit a 
written response, which would not be shared with the 
complainant without that judge's consent. The chief judge or 
his or her designee may also communicate with the complainant, 
the judge, and any other person with knowledge of the matter. 
The chief judge shall not make findings of fact about any 
matter reasonably in dispute. The chief judge may issue a 
written order dismissing the complaint when: (a) it does not 
follow the rules set out in this statute, (b) when it is 
directly related to a judicial decision or ruling, (c) when it 
is frivolous or its allegations are incapable of being 
established through an investigation, or (d) when the judge's 
limited inquiry demonstrates that the allegations are false or 
lack factual foundation. The chief judge may also conclude the 
proceeding if corrective action has been taken or intervening 
events have mooted the complaint.
      The chief judge shall distribute any written order to the 
complainant and the subject of the complaint.
      A party aggrieved by the decision of the chief judge may 
petition the circuit's judicial council for review--denial of 
such petition is not judicially reviewable. If the judicial 
council accepts the petition, it can refer it for review to a 
panel of no fewer than five members of the council, including 
at least two district court judges.

                 QUOTED SECTION 353: SPECIAL COMMITTEES

      If the chief judge does not issue an order dismissing the 
complaint, he or she shall promptly appoint himself and equal 
numbers of circuit and district judges of the circuit to a 
special committee to investigate the allegations, providing 
written notice of such action to the complainant and the 
subject. The committee shall conduct an investigation as 
extensive as it feels necessary, and expeditiously file a 
comprehensive written report with the judicial council of the 
circuit. The report shall include both the findings of the 
investigation and recommendations for appropriate action by the 
judicial council.

             QUOTED SECTION 354: ACTION BY JUDICIAL COUNCIL

      Upon receipt of a report from the special committee, the 
judicial council may: (1) conduct any additional investigation 
it considers necessary, (2) dismiss the complaint, and (3) if 
the complaint is not dismissed, take any appropriate action to 
assure the effective and expeditious administration of the 
courts. (The council may also refer the complaint to the 
Judicial Conference of the United States for its 
recommendation.) Such action may include a temporary ban on 
cases being assigned to the judge who was the subject of the 
complaint, and a private and/or public censure or reprimand of 
the judge.
      For Article III judges, the council may certify the 
judge's disability and request that the judge voluntarily 
retire. But the council may not order removal from office. If 
the council determines that an Article III judge has acted in a 
way that might constitute grounds of impeachment, it should 
promptly certify such determination to the Judicial Conference.
      For magistrate judges, the council may direct the chief 
judge of the district of the magistrate judge to take such 
action as the council considers appropriate. Any removal of a 
magistrate or bankruptcy judge shall be in accordance with 
existing law.

           QUOTED SECTION 355: ACTION BY JUDICIAL CONFERENCE

      Upon referral from a judicial council, the Judicial 
Conference shall by majority vote take such action as it 
considers appropriate, from the sanctions available under 
section 354. If the Judicial Conference believes that 
consideration of impeachment may be warranted, it shall send 
that determination to the House of Representatives. Upon 
receipt, the Clerk of the House of Representatives shall make 
the Judicial Conference's determination available to the 
public. If a judge has been convicted of a State or Federal 
felony, and exhausted or waived all direct appeals, the 
Judicial Conference may by majority vote send a determination 
that consideration of impeachment may be warranted to the House 
of Representatives, together with appropriate court records. No 
referral from a judicial council is needed for the Conference 
to take that step.

                   QUOTED SECTION 356: SUBPOENA POWER

      Provides subpoena powers to judicial councils, special 
committees, the Judicial Conference, or a standing committee 
appointed by the Chief Justice for purposes of an investigation 
under this chapter.

            QUOTED SECTION 357: REVIEW OF ORDERS AND ACTIONS

      A complainant or judge aggrieved by an action of a 
judicial council under section 354 can petition the Judicial 
Conference for review.

                       QUOTED SECTION 358: RULES

      Each judicial council and the Judicial Conference may 
create such rules as it deems appropriate for proceedings under 
this chapter. Such rules must include (a) adequate prior 
written notice to a judge who has been the subject of a 
complaint; (b) the right of an accused judge to appear before 
the investigating panel, call witnesses, and present evidence 
and argument; and (c) the complainant being given the 
opportunity to appear for proceedings if the panel believes he 
or she could provide substantial information. Rules must be 
made public and are subject to modification by the Judicial 
Conference.

                    QUOTED SECTION 359: RESTRICTIONS

      No judge whose conduct is the subject of investigation 
can serve upon an investigatory panel, a judicial council, or 
the Judicial Conference until proceedings under this chapter 
are terminated. No person has the right to intervene or appear 
as an amicus in any proceeding before a judicial council or the 
Judicial Conference under this chapter.

             QUOTED SECTION 360: DISCLOSURE OF INFORMATION

      Except for referrals to the House of Representatives, all 
matters related to investigations under this chapter shall be 
confidential and not disclosed by any person in any proceeding, 
with certain exceptions.

             QUOTED SECTION 361: REIMBURSEMENT OF EXPENSES

      When a complaint is dismissed, the judge who was its 
subject may be reimbursed for reasonable expenses, including 
attorneys' fees, incurred during the investigation.

      QUOTED SECTION 362: OTHER PROVISIONS AND RULES NOT AFFECTED

      Nothing in this chapter shall be construed to affect any 
other provision of this title, the Federal Rules of Civil or 
Criminal Procedure, Appellate Procedure, or Evidence.

  QUOTED SECTION 363: COURT OF FEDERAL CLAIMS, COURT OF INTERNATIONAL 
            TRADE, COURT OF APPEALS FOR THE FEDERAL CIRCUIT

      Each named court shall establish rules consistent with 
this chapter to evaluate complaints against its judges, and 
shall have the powers granted by this chapter to a judicial 
council.

            QUOTED SECTION 364: EFFECT OF FELONY CONVICTION

      Any judge who has been convicted of a State or Federal 
felony and has exhausted all available means for direct review 
of that conviction shall not accrue credit toward retirement 
benefits or hear or decide cases unless the judicial council of 
the circuit determines otherwise.
Sec. 11043. Technical amendments
      Section 11043 makes technical amendments necessitated by 
the bill.
Sec. 11044. Severability
      Section 11044 states that if any part of this subtitle is 
found unconstitutional, the remainder of the Act will not be 
affected.

       Subtitle D--Antitrust Modernization Commission Act of 2002

Sec. 11051. Short title
      Section 11051 states that this subtitle may be cited as 
the ``Antitrust Modernization Commission Act of 2002.''
Sec. 11052. Establishment
      Section 11052 establishes the Commission.
Sec. 11053. Duties of the Commission
      Section 11053 states that the Commission's duties are to 
examine whether the antitrust laws are in need of 
modernization, to solicit the views of all concerned parties, 
to evaluate proposals, and to prepare and submit a report to 
Congress and the President.
Sec. 11054. Membership
      Section 11054 states the Commission will have 12 members, 
with four appointed by the President, two each by the majority 
and minority leaders of the Senate, and two each by the Speaker 
and minority leader of the House. The President's nominees will 
include two members of the opposing party, to be chosen by that 
party's Congressional leaders. The President will choose the 
chair of the Commission, while the Congressional leaders from 
the other party will choose the vice chair.
Sec. 11055. Compensation of the Commission
      Section 11055 states that government employees will not 
be compensated for their service on the Commission, while 
nongovernment employees will receive the daily equivalent of 
the annual rate of basic pay payable for level IV of the 
Executive Schedule.
Sec. 11056. Staff of Commission; experts and consultants
      Section 11056 states that the chairperson of the 
Commission may appoint and terminate an executive director and 
other necessary staff, and use experts and consultants.
Sec. 11057. Powers of the Commission
      Section 11057 states that the Commission may hold such 
hearings and take such testimony as it considers appropriate, 
may take testimony under oath, and obtain information directly 
from any executive agency or court.
Sec. 11058. Report
      Section 11058 states that the Commission shall submit a 
detailed report to Congress and the President within three 
years after its first meeting, including recommendations for 
legislative and administrative action the Commission considers 
appropriate.
Sec. 11059. Termination of Commission
      Section 11059 states that the Commission shall cease to 
exist 30 days after it submits its report.
Sec. 11060. Authorization of appropriations
      Section 11060 authorizes $4 million to carry out this 
subtitle.

                       TITLE II--JUVENILE JUSTICE

              Subtitle A--Juvenile Offender Accountability

Sec. 12101. Short title
      This section provides that the short title of this 
subtitle may be cited as the ``Consequences for Juvenile 
Offenders Act of 2002.''
Sec. 12102. Juvenile offender accountability
      Section 12101 establishes a juvenile offender 
accountability block grant program for states, authorized at 
$350,000,000 per year through FY2005.

                QUOTED SECTION 1801: PROGRAM AUTHORIZED

      Authorizes the Attorney General to provide grants to 
States, and in certain cases directly to eligible units of 
local government, for use by States and localities for the 
purpose of strengthening their juvenile justice systems. 
Subsection (b) provides an illustrative list of acceptable 
expenditures for the grant money. Generally, funded programs 
are aimed at ensuring that juveniles receive appropriate 
sanctions and face consequences for their wrongdoing.

                 QUOTED SECTION 1802: GRANT ELIGIBILITY

      This section establishes the eligibility criteria for 
States and localities to receive funding under the grant 
program. Section 1802(a) provides that States applying for 
grant funds must provide the Attorney General with information 
about the proposed activities the State and its localities will 
carry out with the grant and the criteria by which the State 
proposes to assess the effectiveness of such activities on 
achieving the purposes of this part. The applicant must provide 
the Attorney General with assurances that the State and any 
localities within the State that qualify for funding have in 
effect, or will have in effect within one year of submitting 
its application, policies and programs that provide for a 
system of graduated sanctions as defined in Section 1802(c).
      Section 1802(b) establishes the eligibility criteria for 
localities, both within States which qualify for funding, and 
within States that do not qualify or apply for funds, to 
receive grant funds under the section. Section 1802(b)(1)(A) 
requires that the localities must provide information about the 
activities the localities propose to carry out with the 
subgrant and the criteria by which the locality proposes to 
assess the effectiveness of such activities. Section 
1802(b)(1)(B) requires that localities must provide assurances 
that a system of graduated sanctions is or will be in effect 
within one year of applying for the funds.
      Section 1802(c) describes the four requirements that a 
system of graduated sanctions must meet for an applicant to 
qualify for the grant funds: (1) the sanctions must be imposed 
on a juvenile offender for each delinquent offense; (2) the 
sanctions escalate in intensity with each subsequent, more 
serious delinquent offense; (3) the system have sufficient 
flexibility to allow for individualized sanctions and services 
suited to the individual juvenile offender; and (4) the system 
should accord appropriate consideration to public safety and 
victims of crime.
      Section 1802(d) provides that a State or locality may 
qualify for the grant funds even if its system of graduated 
sanctions is discretionary. A State or locality does not have 
to require all of its juvenile courts to impose graduated 
sanctions or to impose them in every case. In States and 
localities where the imposition of graduated sanctions is 
discretionary, the juvenile courts that do not impose graduated 
sanctions must report at least annually to the applicable State 
or locality why graduated sanctions were not imposed in all 
such cases.
      Section 1802(e) defines the terms ``discretionary'' and 
``sanctions.'' The term discretionary means that each and every 
juvenile court in a State or locality does not have to impose a 
system of graduated sanctions. The term sanctions means 
tangible, proportional consequences that hold juvenile 
offenders accountable for the offense committed. A sanction may 
include, but is not limited to, counseling, restitution, 
community service, a fine, supervised probation, or 
confinement.

       QUOTED SECTION 1803: ALLOCATION AND DISTRIBUTION OF FUNDS

      Section 1803(a) provides that each State is to receive 
0.50 percent of the total grant funds. The term ``State'' is 
defined in Section 1809. The remaining funds are then to be 
distributed among the States based on the size of each State's 
juvenile population.
      Section 1803(b)(1) requires that a participating State 
must distribute to its participating localities 75 percent of 
the total grant funds the State receives. This ``pass-through'' 
provision is aimed at ensuring that localities receive most of 
the funding when they bear most of the juvenile justice 
expenditures.
      Section 1803(b)(2) provides for a waiver of the pass-
through provision when the State is responsible for more than 
25 percent of the total juvenile justice expenditures in the 
State. The State may seek a waiver of the pass-through 
requirement from the Attorney General so that it may keep a 
share of the grant funds equal to its share of the total 
expenditures in that State.
      Section 1803(b)(3) provides an allocation formula to 
distribute the grant funding among the localities within a 
State. The allocation formula is intended to provide maximum 
resources to the localities that bear the largest burden in 
administering the juvenile justice system in the participating 
State. Under the formula, each State determines the amount that 
each of its localities receives, based on a combination of 
juvenile justice expenditures and the level of violent crime in 
each locality.
      Section 1803(b)(4) provides that a local government shall 
not receive a subgrant of more than 100 percent of its juvenile 
justice expenditures.
      Section 1803(c) requires the State to investigate the 
methodology used by a locality to determine the accuracy of the 
locality's submitted data, if the State has reason to believe 
such information is insufficient or inaccurate.
      Section 1803(d) provides that States shall expend money 
on services to localities whose allotments are less than 
$10,000.
      Section 1803(e) provides that the Attorney General will 
reserve not more than 75 percent of the allocation that a non-
qualifying State would have received under section 1803(a) if 
it had qualified. This reserve will be used to provide grants 
to localities that meet the requirements for funding under 
section 1802 even though they are in the non-qualifying States.

                    QUOTED SECTION 1804: GUIDELINES

      Section 1804(a) requires the Attorney General to issue 
guidelines establishing procedures under which a State or 
locality that receives funds is required to provide notice 
regarding the proposed use of funds made available under this 
part.
      Section 1804(b) requires an eligible State or locality to 
establish an advisory board to review the proposed uses of such 
funds. The members of the board must include representatives 
of: State and local police departments, prosecutors' offices, 
juvenile courts, probation offices, educational agencies, and 
social service agencies; the local sheriff's departments; 
nonprofit, nongovernmental victim advocacy organizations; and 
nonprofit, religious or community groups.

               QUOTED SECTION 1805: PAYMENT REQUIREMENTS

      This section establishes various provisions regarding 
payment of funds to eligible States and localities and 
repayment of unexpended funds to the Attorney General. Grant 
recipients may use no more than 5 percent of any grant funds 
received for administrative costs.

         QUOTED SECTION 1806: UTILIZATION OF THE PRIVATE SECTOR

      This section provides that States or localities may use 
the funds to contract with private, nonprofit entities or 
community-based organizations to carry out the purposes of 
section 1801.

             QUOTED SECTION 1807: ADMINISTRATIVE PROVISIONS

      This section establishes administrative provisions for 
recipient State or localities that receive funds directly from 
the Attorney General. The recipient of the funds must establish 
a trust fund and deposit all payments received under this grant 
program into that trust.

                QUOTED SECTION 1808: ASSESSMENT REPORTS

      This section requires that a State or locality that 
receives the grant or subgrant funding must provide a report to 
the Attorney General summarizing the activities carried out 
with the funds and assessing the effectiveness of those 
activities. This section also includes a waiver provision for 
activities that are not practical to assess.

                    QUOTED SECTION 1809: DEFINITIONS

      This section provides definitions of key terms used in 
the legislation.

          QUOTED SECTION 1810: AUTHORIZATION OF APPROPRIATIONS

      This section authorizes $350 million a year for through 
fiscal year 2005 to fund the programs under this title.

  Subtitle B--Juvenile Justice and Delinquency Prevention Act of 2002

Section 12201. Short title
      Section 12201 states that this subtitle may be cited as 
the ``Juvenile Justice and Delinquency Prevention Act of 
2002.''
Section 12202. Findings
      Section 12202 states the findings of Congress on the 
seriousness of juvenile crime and the need to address the 
problem through both prevention and accountability programs.
Section 12203. Purpose
      Section 12203 states that the purpose of this subtitle is 
to assist State and local governments in preventing acts of 
juvenile delinquency and holding offenders accountable.
Section 12204. Definitions
      Section 12204 modifies and adds to the definitions under 
the Juvenile Justice and Delinquency Act. It defines 
``graduated sanctions,'' ``contact,'' ``adult inmate,'' 
``violent crime,'' ``collocated facilities,'' and ``related 
complex of buildings.'' The definition for ``contact'' adopts 
current Federal regulations, as found in section 31.303 of 
Title 28 of the Code of Federal Regulations.
Section 12205. Concentration of Federal effort
      Section 12205 modifies the duties of the Administrator of 
the Office of Juvenile Justice and Delinquency Prevention by, 
among other things, requiring him to issue model standards for 
providing mental health care to incarcerated juveniles within 
one year of enactment.
Section 12206. Coordinating Council on Juvenile Justice and Delinquency 
        Prevention
      Section 12206 makes a technical correction to the JJDPA, 
making it comply with the current title of the House Education 
and Workforce Committee.
Section 12207. Annual report
      Section 12207 amends section 207 of the JJDPA to require 
an annual evaluation of the effectiveness of programs funded 
under this title.
Section 12208. Allocation
      Section 12208 amends section 222 of the JJDPA to make 
technical changes to clarify the process by which States and 
territories receive funding under the Act.
Section 12209. State plans
      Section 12209 amends section 223 of the JJDPA to amend or 
eliminate specific state plan requirements and modify the list 
of activities eligible for funding under the formula grant 
program.
Section 12210. Juvenile Delinquency Prevention Block Grant Program
      Section 12210 amends Title II of the JJDPA by repealing 
Part C (National Programs), Part D (Gangs), Part E (State 
Challenge Activities), Part F (Treatment of Juvenile Offenders 
Who Are Victims of Child Abuse or Neglect), Part G (Mentoring), 
Part H (Boot Camps), and the first sub-part of Part I (White 
House Conference on Juvenile Justice). In their place, the 
section creates a new Part C that establishes the Juvenile 
Delinquency Prevention Block Grant and sets forth the 
allocation of funds, state plan requirements and criteria and 
eligibility for grants for local projects.
Section 12211. Research; evaluation; technical assistance; training
      Section 12211 amends Title II of the JJDPA by creating a 
new Part D that authorizes research, training, technical 
assistance and information dissemination regarding juvenile 
justice matters through the Office of Juvenile Justice and 
Delinquency Prevention.
Section 12212. Demonstration projects
      Section 12212 amends Title II of the JJDPA by creating a 
new Part E that permits the administrator to award grants for 
developing, testing, and demonstrating new initiatives and 
programs for the prevention, control or reduction of juvenile 
delinquency.
Section 12213. Authorization of appropriations
      Section 12213 authorizes such sums as may be appropriate 
to carry out Title II of this act.
Section 12214. Administrative authority
      Section 12214 amends Section 299A of the JJDPA to modify 
the administrator's authority to establish rules, regulations, 
and procedures.
Section 12215. Use of funds
      Section 12215 amends Section 299C of the JJDPA to state, 
among other things, that no funds shall be paid to a 
residential program unless the State in which it is located has 
minimum licensing standards.
Section 12216. Limitations on use of funds
      Section 12216 amends Title II, Part F of the JJDPA by 
adding a requirement that funds not be used to support the 
unsecured release of juveniles charged with a violent crime.
Section 12217. Rules of construction
      Section 12217 amends Title II, Part F of the JJDPA by 
adding a new section to clarify that nothing in Title I or 
II(a) prevents otherwise eligible organizations from receiving 
grants, or (b) should be construed to modify or affect existing 
federal or state laws related to collective bargaining rights 
of employees.
Section 12218. Leasing surplus Federal property
      Section 12218 amends Title II, Part F of the JJDPA to 
permit the administrator to receive surplus Federal property 
and lease it to eligible entities for use in juvenile 
facilities or for delinquency prevention and treatment 
activities.
Section 12219. Issuance of rules
      Section 12219 amends Title II, Part F of the JJDPA to 
allow the administrator to issue rules to carry out the title.
Section 12220. Content of materials
      Section 12220 amends Title II, Part F of the JJDPA to add 
a new section requiring that materials funded by this act for 
the purpose of hate crimes prevention shall not abridge or 
infringe upon the constitutionally protected rights of free 
speech, religion, and equal protection of juveniles or their 
parents or legal guardians.
Section 12221. Technical and conforming amendments
      Section 12221 sets forth technical and conforming 
amendments.
Section 12222. Incentive grants for local delinquency prevention 
        programs
      Section 12222 reauthorizes Title V of the JJDPA, which 
provides for grants 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, with minor amendments.
Section 12223. Effective date; application of amendments
      Section 12223 sets forth the effective date of the act 
and states that amendments made by the act shall apply to 
fiscal years beginning after September 30, 2002.

                Subtitle C--Amendments to 18 U.S.C. 5037

Section 12301. Amendments to 18 U.S.C. 5037
      Section 12301 amends 18 U.S.C. Sec. 5037 to modify 
current federal law regarding the sentencing of juvenile 
delinquents. Specifically, it (1) provides authority to impose 
a term of juvenile delinquency supervision to follow a term of 
official detention, (2) provides authority to sanction a 
violation of probation when a person adjudicated a juvenile 
delinquent is over 21 at the time of the violation, and (3) 
makes technical corrections in response to the Supreme Court's 
decision in United States v. R.L.C.

                    TITLE III--INTELLECTUAL PROPERTY

         Subtitle A--Patent and Trademark Office Authorization

Sec. 13101. Short Title
      Section 13101 states that the short title of this 
subtitle is the ``Patent and Trademark Authorization Act of 
2002.''
Sec. 13102. Authorization of amounts available to the Patent and 
        Trademark Office
      Section 13102 would authorize the PTO to receive 
appropriations for fiscal years 2003 through 2008 in amounts 
equal to those fees collected by the agency in each such fiscal 
year. The Director of the PTO must submit estimates of the fees 
for the next fiscal year to the Committees on Appropriations 
and Judiciary of the Senate and the Committees on 
Appropriations and Judiciary of the House of Representatives no 
later than February 15 each fiscal year. If enacted, however, 
this full-funding authorization would still be subject to 
appropriations.
Sec. 13103. Electronic filing and processing of patent and trademark 
        applications
      Section 13103 requires the Director to develop a user-
friendly electronic system for the filing and processing patent 
and trademark applications. This electronic system must also 
allow examiners and applicants to send all communications 
electronically, and should allow the PTO to process, maintain, 
and search electronically the contents and history of each 
application. The system must be completed within 3 years of the 
date of enactment of this legislation. This section authorizes 
not more than $50,000,000 for each of fiscal years 2003, 2004 
and 2005 to carry out this section. These amounts will remain 
available until expended.
Sec. 13104. Strategic Plan
      Section 13104 requires the Secretary of Commerce to 
submit annual updates on the implementation of the ``21st 
Century Strategic Plan'', which was issued on June 3, 2002, and 
any amendments to that plan. These annual reports should be 
submitted to Committees on the Judiciary of the Senate and 
House of Representatives in the five calendar years following 
the date of enactment of this act.
Sec. 13105. Determination of substantial new question of patentability 
        in reexamination proceedings
      Section 13105 modifies the sections of Title 35 of the 
U.S. Code that instruct the Director to determine whether 
substantial new questions of patentability are raised by 
requests for prior art citations to the Office, ex parte 
reexaminations of patents, or inter partes reexaminations of 
patents. In each of these cases, language is added to the Title 
to clarify that the existence of a substantial new question of 
patentability is not necessarily precluded by the fact that a 
patent or printed publication has been previously cited by the 
Office or considered by the Office. This section states that 
these amendments to the U.S. Code will be effective for any 
determinations made by the Director on or after the enactment 
of this bill.
Sec. 13106. Appeals in inter partes reexamination proceedings
      Section 13106 amends 35 U.S.C. Sec. 315 by adding the 
Court of Appeals for the Federal Circuit as a venue where a 
third party requester may appeal, or be a party to an appeal 
of, a final decision on patentability.
      This section strikes the section in the Code that states 
that the third-party requester may not appeal the decision of 
the Board of Patent Appeals and Interferences. It explicitly 
adds third-party requesters to those who may request an appeal 
or participate in an appeal of a decision by the Board of 
Patent Appeals and Interferences. It also states that all of 
the amendments found in this section apply to any reexamination 
begun on or after the date of enactment of this bill.

    Subtitle--B Intellectual Property and High Technology Technical 
                               Amendments

Sec. 13201. Short title
      Section 13201 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
      Reexamination is an administrative proceeding in which a 
patent may be reviewed in light of new evidence affecting its 
patentability (``prior art'').\6\ Traditionally, reexamination 
operated only between the patent owner and the PTO (ex parte). 
As part of the AIPA, a new inter partes reexamination procedure 
was established to allow a third party also to challenge the 
validity of a patent or its claims through the introduction of 
new evidence. While this inter partes procedure is considered 
beneficial because it provides cost savings over court 
litigation, some critics were concerned it would be abused. As 
a result, reexamination through the inter partes mechanism was 
designed with certain limitations (e.g., estoppel provisions) 
which do not apply in ex parte reexamination under the Patent 
Act.
---------------------------------------------------------------------------
    \6\ 35 U.S.C. Sec. 301 et seq.
---------------------------------------------------------------------------
      Section 13202 of the bill merely clarifies the Patent 
Act's inter partes reexamination section by stipulating that it 
will apply to the proper parties and operate as envisioned. For 
example, the term ``third-party requester'' is inserted in lieu 
of ``persons,'' since only a third party may invoke this inter 
partes reexamination. This is logical because a patent owner 
has more rights under ex parte reexamination and would not 
choose to use the inter partes procedures even if available.
      The bill, under paragraph (c), specifies that the 
effective date of these reexamination procedures shall apply to 
any reexamination on or after the date of the act's enactment.
Sec. 13203. Patent and Trademark Efficiency Act amendments
      The AIPA contained a title (the ``Patent and Trademark 
Efficiency Act'') to modernize the PTO by transforming it into 
a more autonomous and efficient agency. The first section of 
the bill clarifies the status and authority of the Deputy 
Director of the PTO under this reorganization. The amendments 
made by the succeeding two paragraphs also conform the 
membership of the Trademark Trial and Appeal Board and the 
Board of Patent Appeals and Interferences to include the Deputy 
Director, as under current statute.
      Section 13203 amends section 5, chapter 1, of title 35. 
The employees of the PTO are currently prohibited from having 
an ownership interest in patents.\7\ Members of the newly-
established Public Advisory Committee are currently considered 
employees of the Office. Currently, those individuals who 
possess the most thorough understanding of the patent system 
(for example, independent inventors) are prohibited from 
participating on the Public Advisory Committee. This subsection 
eases this restriction on those serving on the Public Advisory 
Committee in light of the goals of the AIPA.
---------------------------------------------------------------------------
    \7\ 35 U.S.C. Sec. 4.
---------------------------------------------------------------------------
      This section eliminates the need for a signature to be 
attested on a patent grant. This amendment removes one step of 
the agency's bureaucracy and allows the PTO to issue patents 
more expeditiously.
Sec. 13204. Domestic publication of Foreign Filed Patent Applications 
        Act of 1999 amendments
      The AIPA established the early publication of patent 
applications in the U.S. patent system for the first time along 
with certain conditions and new rights for inventors. One such 
right is a corresponding provisional right (e.g., a reasonable 
royalty) in patent infringement cases. These provisions will 
take effect 1 year after the AIPA's date of enactment. Section 
13204 is technical in nature and clarifies the text regarding 
the statutory requirement for the effective date of 
international applications which may qualify for the 
provisional rights based on early publication.
Sec. 13205. Domestic publication of patent applications published 
        abroad
      The AIPA established the early publication of patent 
applications, as described above. One consequence of early 
publication is its effect on the standard of novelty for a 
patent application. Section 13205 and the following paragraphs 
establish certain safeguards regarding the interplay of the 
early publication of patent applications and the review of 
novelty during the patent examination process. It is an 
especially important safeguard in light of the fact that the 
U.S. is a signatory of the Patent Cooperation Treaty, an 
international convention allowing for the multi-national 
application of patents in several languages.
      Subsection 1 contains a safeguard that the PTO will only 
rely on information published in English in patent applications 
as it makes the essential determination of novelty during the 
examination of a patent application. This limits the evidence 
from foreign applications that may be considered ``prior art'' 
and could affect patentability. This is an important safeguard 
for independent inventors and small American businesses that do 
not have access to expensive translation services and the 
foreign patent offices.
      The effective date language relating to section 102(e) 
generally provides that all patents, whenever granted, and all 
pending applications for patents, whenever filed, will be 
subject to prior art as defined by section 102(e) of title 35 
effective as of November 29, 2000. However, patents resulting 
from an international application filed before November 29, 
2000 and applications published under section 122(b) of title 
35 or Article 21(2) of the treaty defined in section 351(a) of 
title 35 resulting from an international application filed 
before November 29, 2000 will not be effective as prior art 
references as of the filing date of the international 
application. This exception includes patents and published 
applications derived directly or indirectly from international 
applications filed before November 29, 2000, including 
international applications that claim benefit to an earlier 
application for patent in the United States. Thus, for example, 
if an application for patent, filed before, on, or after 
November 29, 2000, claims the benefit to an international 
application filed before November 29, 2000, and the 
international application, in turn, claims the benefit to 
earlier filed United States application for patent, neither the 
filing date of the international application nor the filing 
date of the earlier-filed application for patent in the United 
States will be considered in determining when the resulting 
published application or patent is effective as a prior art 
reference under section 102(e) of title 35 effective on 
November 29, 2000. However, under section 102(e) of title 35 as 
amended by the AIPA, for patents and published applications 
derived indirectly from an international application filed 
before November 29, 2000 through a bypass continuation 
application (an application for patent filed under section 111 
of title 35 that claims the benefit of the filing date of an 
earlier international application that did not enter the 
national stage under section 371 of title 35), such patents and 
published applications are effective as prior art references as 
of the filing date of the bypass continuation application.
      This section also clarifies that a patent or pending 
application for patent will be subject to prior art patents 
resulting from international applications filed before November 
29, 2000 based on the provisions of section 102(e) of title 35 
in effect before November 29, 2000. Thus, such patents may be 
prior art references as of the date of compliance with the 
requirements of section 371(c)(1), (2), and (4) of title 35 and 
not the filing date of the international application, unless 
the date of compliance with the requirements of section 
371(c)(1), (2), and (4) of title 35 coincides with the filing 
date of the international application.
Sec. 13206. Miscellaneous clerical amendments
      Section 13206 contains a series of highly technical 
clerical amendments developed by the Office of Legislative 
Counsel upon its own initiative. These changes to the Patent 
Act are self-evident, and range from aligning paragraphs, 
deleting quotation marks, correcting the fonts of headings, and 
the like.
Sec. 13207. Technical corrections in trademark law
      In Section 13207, the first paragraph clarifies the 
statutory text of the Trademark Act as it relates to damages. 
In 1999, the ``Anti-Cybersquatting Consumer Protection Act'' 
\8\ established certain damages for willful violation of 
Sec. 43(c) of the Trademark Act.\9\ The present language 
entitles a plaintiff to damages, but it reads awkwardly. This 
bill makes a technical correction to the text and thereby 
removes the redundant text, without altering the substance of 
available trademark infringement remedies.
---------------------------------------------------------------------------
    \8\ H.R. 3194, P.L. 106-113 (Nov. 29, 1999)
    \9\ 15 U.S.C. Sec. 1125(c)
---------------------------------------------------------------------------
      The second paragraph provides for additional technical 
amendments, including four strictly clerical changes, such as 
the deletion of a comma and the realignment of a paragraph. The 
bill also makes additional changes to the Trademark Act 
regarding the designation of persons involved with the filing 
procedures for receiving notice and process correspondence 
relating to the trademark registration.
Sec. 13208. Patent and trademark fee clerical amendment
      Section 13208 corrects a clerical error pertaining to the 
section of the law cited relating to the adjustment of 
trademark fees and the consumer price index. The change to the 
cited reference does not make a substantive change in trademark 
law.
Sec. 13209. Copyright related corrections to 1999 Omnibus Reform Act
      Section 13209 makes amendments to Title I of IPCORA.
      Paragraph (1)(A) amends section 1007(2) by striking 
``paragraph (2)'' and inserting ``paragraph (2)(A)''.
      Paragraph (1)(B) amends section 1007(3) by striking 
``1005(e)'' and inserting ``1005(d)''. In section 1007(3), the 
amendment instructions require paragraph 12 to be added to 
subsection 119(a) ``as amended by section 1005(e)''. The 
reference to section 1005(e) is wrong. Section 1005(d) amended 
subsection 119(a), whereas section 1005(e) amended subsection 
119(d).
      Section 1005(d) amended subsection 119(a) by adding 
paragraph 11. Section 1005(e) amended subsection 119(d) by 
rewriting its paragraph 11. This amendment corrects this.
      Paragraph (2) amends section 1006(b) by striking 
``119(b)(1)(B)(iii)'' and inserting ``119(b)(1)(B)(ii)''. 
Section 1006(b) amended section 119(b)(1)(B)(iii) by inserting 
``or the Public Broadcasting Service satellite feed'' after 
``network station''. Section 119(b)(1)(B)(ii), not (iii), 
should have been amended. Section 119(b)(1)(B)(iii) contains no 
reference to ``network station''. Section 119(b)(1)(B)(ii) does 
contain that reference, and it is clear that section 1006(b) 
was intended to amend section 119(b)(1)(B)(ii).
      Paragraphs (3)(A) and (3)(B) amend section 1006(a)(2) by 
repealing it, redesignating the paragraphs and changing the 
language in section 1011(b). The amendment in section 
1006(b)(2) amends section 119(a)(1) by inserting new wording so 
that the text will read as follows, with the new wording 
italicized: ``primary transmission made by a superstation or by 
the Public Broadcasting Service satellite feed and embodying a 
performance or display of a work''.
      The amendment in section 1011(b)(2)(A) subsequently 
amends the same language but does not take the first amendment 
into account. It directs that section 119(a)(1) be amended to 
delete ``primary transmission made by a superstation and 
embodying a performance or display of a work'' (ignoring the 
fact that ``or by the Public Broadcasting Service satellite 
feed'' has been inserted into the middle of that phrase). In 
lieu of that phrase, it inserts ``performance or display of a 
work embodied in a primary transmission made by a 
superstation'' (but without taking into account the addition of 
``or by the Public Broadcasting Service satellite feed''). As a 
result, it is unclear what is to be done with the phrase ``or 
by the Public Broadcasting Service satellite feed''. Although 
the intent is clear, the language of sections 1006(a)(2) and 
1011(b)(2)(A) does not necessarily accomplish the intended 
result. These paragraphs clarify the ambiguity and achieve the 
intended result.
Sec. 13210. Amendments to title 17, United States Code
      Section 13210 makes amendments to title 17, United States 
Code.
      Paragraph (1) amends section 119(a)(6) by striking ``of 
performance'' and inserting ``of a performance''. Section 
1011(b)(2) of IPCORA amended section 119(a)(6) so that 
``performance or display of a work embodied in'' is inserted 
after ``by a satellite carrier of''. The word ``a'' is missing 
between these two phrases. This section inserts it before 
``performance'' so that the language will read ``by a satellite 
carrier of a performance or display of a work embodied in''.
      Paragraph (2)(A) amends the section heading for section 
122 by striking ``rights; secondary'' and inserting ``rights: 
Secondary''. Section 1002(a) of IPCORA added section 122 to 
title 17. The title of section 122 has editorial errors. To 
make it consistent with the style used throughout title 17, the 
title is changed to substitute a colon in lieu of the semicolon 
and ``secondary'' is capitalized. Paragraph (2)(B) amends the 
item relating to section 122 in the table of contents for 
chapter 1 to make it consistent with the change made by 
paragraph (2)(A).
      Paragraph (3)(A) amends the section heading for section 
121 by striking ``reproduction'' and inserting 
``Reproduction''. Paragraph 3(B) amends the item relating to 
section 121 in the table of contents for chapter 1 by striking 
``reproduction'' and inserting ``Reproduction''. This makes the 
heading for section 121 and the table of contents for chapter 1 
conform to the editorial style used for the rest of the 
headings for title 17 by capitalizing ``reproduction''.
      Paragraphs (4)(A), (4)(B), and (4)(C) amend cross 
references to the limitations on exclusive rights in copyright 
to include section 122. Throughout title 17, such references to 
``121'' are changed to ``122''. Paragraph 4(A) amends section 
106 by striking ``107 through 121'' and inserting ``107 through 
122''. Paragraph (4)(B) amends section 501(a) by striking ``106 
through 121'' and inserting ``106 through 122''. Paragraph 
(4)(C) amends section 511(a) by striking ``106 through 121'' 
and inserting ``106 through 122''.
      Paragraph (5)(A) amends section 101 by moving the 
definition of ``computer program'' so that it appears after the 
definition of ``compilation''. Paragraph (5)(B) amends section 
101 by moving the definition of ``registration'' so that it 
appears after the definition of ``publicly''. This amendment 
ensures that the definitions appear in alphabetical order.
      Paragraph (6) amends section 110(4)(B) in the matter 
preceding clause (i) by striking ``conditions;'' and inserting 
``conditions:''. A colon is the proper punctuation when a 
phrase that introduces multiple subparts is worded to include 
``the following''.
      Paragraph (7) amends section 118(b)(1) in the second 
sentence by striking ``to it''. This section was amended by the 
Copyright Royalty Tribunal Reform Act of 1993 to substitute 
``Librarian of Congress'' for references to the ``Copyright 
Royalty Tribunal'' (CRT). As originally enacted by the 
Copyright Act of 1976, the second sentence in subsection(b) 
used the pronoun ``it'' to refer to the CRT. As amended in 
1993, the sentence now states, ``The Librarian of Congress 
shall proceed on the basis of the proposals submitted to it. . 
. .'' This amendment corrects that reference.
      Paragraphs (8)(A) and (B) amend section 119(b)(1)(A). 
Paragraph (A) strikes ``transmitted'' and inserts 
``retransmitted''. Paragraph (B) strikes ``transmissions'' and 
inserts ``retransmissions''. These paragraphs correct two 
drafting errors in section 119(b)(1)(A) when it was enacted by 
the Satellite Home Viewer Act of 1988.
      Paragraphs (9)(A), (B) and (C) amend section 203(a)(2). 
Paragraph (9)(A)(i) amends subparagraph (A) by striking ``(A) 
the'' and inserts ``(A) The''. Paragraph (9)(A)(ii) amends 
subparagraph (A) by striking the semicolon at the end and 
inserting a period. Paragraph (9)(B)(i) amends subparagraph (B) 
by striking ``(B) the'' and inserting ``(B) The''. Paragraph 
(9)(B)(ii) amends subparagraph (B) by striking the semicolon at 
the end and inserting a period. Paragraph (9)(C) amends 
subparagraph (C) by striking ``(C) the'' and inserting ``(C) 
The''.
      Paragraphs (10)(A), (B) and (C) amend section 304(c)(2). 
Paragraph (10)(A)(i) amends subparagraph (A) by striking ``(A) 
the'' and inserting ``(A) The''. Paragraph (10)(A)(ii) amends 
subparagraph (A) by striking the semicolon at the end and 
inserting a period. Paragraph (10)(B)(i) amends subparagraph 
(B) by striking ``(B) the'' and inserting ``(B) The''. 
Paragraph (10)(B)(ii) amends subparagraph (B) by striking the 
semicolon at the end and inserting a period. Paragraph (10)(C) 
amends subparagraph (C) by striking ``(C) the'' and inserting 
``(C) The''. The addition of subparagraph (C) to sections 
203(a)(2) and 304(c)(2) resulted in inconsistent punctuation 
and this amendment makes the punctuation in sections 203(a)(2) 
and 304(c)(2) internally consistent.
      Paragraph (11) amends the item relating to section 903 in 
the table of contents for chapter 9 by striking ``licensure'' 
and inserting ``licensing''. As originally enacted in 1984, the 
table of contents for chapter 9 and the text each had a 
different heading for section 903. The heading in the text was 
the same as it is now, which is ``Ownership, transfer, 
licensing, and recordation''. The heading in the table of 
contents was, ``Ownership and transfer.'' In 1997, a technical 
amendment changed the heading in the table of sections to its 
present form, which is, ``Ownership, transfer, licensure, and 
recordation.'' The 1997 amendment did not change the heading in 
the text to make it the same. This amendment makes both the 
table of contents and the heading in the text the same.
      Paragraph (12) amends section 109 by striking subsection 
(e). Section 803 of the Computer Software Rental Amendments Act 
of 1990 amended section 109 of title 17 by adding subsection 
(e). According to section 804(c) the amendments made by section 
803 shall not apply to public performances or displays that 
occur on or after October 1, 1995. Therefore, section 109 is 
expired.
Sec. 13211. Other copyright related technical amendments
      Section 13211 makes other technical and conforming 
amendments. Paragraph (a) amends title 18, section 2319(e)(2) 
by striking ``107 through 120'' and inserting ``107 through 
122''. Paragraph (b)(1) and (2) correct an incorrect reference 
to an uncodified title. It is incorrect to directly cite to an 
uncodified title.

            Subtitle C--Educational Use Copyright Exemption

Sec. 13301. Educational use copyright exemption
      Subsection (a) provides that this provision may be cited 
as the ``Technology, Education and Copyright Harmonization Act 
of 2002.''
Subsection (b): Exemption of certain performances and displays for 
        educational uses
      Section 1(b) of the TEACH Act amends section 110(2) of 
the Copyright Act to encompass performances and displays of 
copyrighted works in digital distance education under 
appropriate circumstances. The section expands the scope of 
works to which the amended section 110(2) exemption applies to 
include performances of reasonable and limited portions of 
works other than nondramatic literary and musical works (which 
are currently covered by the exemption), while also limiting 
the amount of any work that may be displayed under the 
exemption to what is typically displayed in the course of a 
live classroom session. At the same time, section 1(b) removes 
the concept of the physical classroom, while maintaining and 
clarifying the requirement of mediated instructional activity 
and limiting the availability of the exemption to mediated 
instructional activities of governmental bodies and 
``accredited'' non-profit educational institutions. This 
section of the Act also limits the amended exemption to exclude 
performances and displays given by means of a copy or 
phonorecord that is not lawfully made and acquired, which the 
transmitting body or institution knew or had reason to believe 
was not lawfully made and acquired. In addition, section 1(b) 
requires the transmitting institution to apply certain 
technological protection measures to protect against retention 
of the work and further downstream dissemination. The section 
also clarifies that participants in authorized digital distance 
education transmissions will not be liable for any infringement 
by reason of transient or temporary reproductions that may 
occur through the automatic technical process of a digital 
transmission for the purpose of a performance or display 
permitted under the section. Obviously, with respect to such 
reproductions, the distribution right would not be infringed. 
Throughout the Act, the term ``transmission'' is intended to 
include transmissions by digital, as well as analog means.
            Works subject to the exemption and applicable portions
      The TEACH Act expands the scope of the section 110(2) 
exemption to apply to performances and displays of all 
categories of copyrighted works, subject to specific exclusions 
for works ``produced or marketed primarily for performance or 
display as part of mediated instructional activities 
transmitted via digital networks'' and performance or displays 
``given by means of a copy or phonorecord that is not lawfully 
made and acquired,'' which the transmitting body or institution 
``knew or had reason to believe was not lawfully made and 
acquired.''
      Unlike the current section 110(2), which applies only to 
public performances of non-dramatic literary or musical works, 
the amendment would apply to public performances of any type of 
work, subject to certain exclusions set forth in section 
110(2), as amended. The performance of works other than non-
dramatic literary or musical works is limited, however, to 
``reasonable and limited portions'' of less than the entire 
work. What constitutes a ``reasonable and limited'' portion 
should take into account both the nature of the market for that 
type of work and the pedagogical purposes of the performance.
      In addition, because ``display'' of certain types of 
works, such as literary works using an ``e-book'' reader, could 
substitute for traditional purchases of the work (e.g., a text 
book), the display exemption is limited to ``an amount 
comparable to that which is typically displayed in the course 
of a live classroom setting.'' This limitation is a further 
implementation of the ``mediated instructional activity'' 
concept described below, and recognizes that a ``display'' may 
have a different meaning and impact in the digital environment 
than in the analog environment to which section 110(2) has 
previously applied. The ``limited portion'' formulation used in 
conjunction with the performance right exemption is not used in 
connection with the display right exemption, because, for 
certain works, display of the entire work could be appropriate 
and consistent with displays typically made in a live classroom 
setting (e.g., short poems or essays, or images of pictorial, 
graphic, or sculptural works, etc.).
      The exclusion for works ``produced or marketed primarily 
for performance or display as part of mediated instructional 
activities transmitted via digital networks'' is intended to 
prevent the exemption from undermining the primary market for 
(and, therefore, impairing the incentive to create, modify or 
distribute) those materials whose primary market would 
otherwise fall within the scope of the exemption. The concept 
of ``performance or display as part of mediated instructional 
activities'' is discussed in greater detail below, in 
connection with the scope of the exemption. It is intended to 
have the same meaning and application here, so that works 
produced or marketed primarily for activities covered by the 
exemption would be excluded from the exemption. The exclusion 
is not intended to apply generally to all educational materials 
or to all materials having educational value. The exclusion is 
limited to materials whose primary market is ``mediated 
instructional activities,'' i.e., materials performed or 
displayed as an integral part of the class experience, 
analogous to the type of performance or display that would take 
place in a live classroom setting. At the same time, the 
reference to ``digital networks'' is intended to limit the 
exclusion to materials whose primary market is the digital 
network environment, not instructional materials developed and 
marketed for use in the physical classroom.
      The exclusion of performances or displays ``given by 
means of a copy or phonorecord that is not lawfully made and 
acquired'' under Title 17 is based on a similar exclusion in 
the current language of section 110(1) for the performance or 
display of an audiovisual work in the classroom. Unlike the 
provision in section 110(1), the exclusion here applies to the 
performance or display of any work. But, as in section 110(1), 
the exclusion applies only where the transmitting body or 
institution ``knew or had reason to believe'' that the copy or 
phonorecord was not lawfully made and acquired. As noted in the 
Register's Report, the purpose of the exclusion is to reduce 
the likelihood that an exemption intended to cover only the 
equivalent of traditional concepts of performance and display 
would result in the proliferation or exploitation of 
unauthorized copies.\10\ An educator would typically purchase, 
license, rent, make a fair-use copy, or otherwise lawfully 
acquire the copy to be used, and works not yet made available 
in the market (whether by distribution, performance or display) 
would, as a practical matter, be rendered ineligible for use 
under the exemption.
---------------------------------------------------------------------------
    \10\ Register of Copyrights, report on copyright and digital 
distance education (1999) at 159.
---------------------------------------------------------------------------
            Eligible transmitting entities
      As under the current section 110(2), the exemption, as 
amended, is limited to government bodies and non-profit 
educational institutions. However, due to the fact that, as the 
Register's Report points out, ``nonprofit educational 
institutions'' are no longer a closed and familiar group, and 
the ease with which anyone can transmit educational material 
over the Internet, the amendment would require non-profit 
educational institutions to be ``accredited'' in order to 
provide further assurances that the institution is a bona fide 
educational institution. It is not otherwise intended to alter 
the eligibility criteria. Nor is it intended to limit or affect 
any other provision of the Copyright Act that relates to non-
profit educational institutions or to imply that non-accredited 
educational institutions are necessarily not bona fide.
      ``Accreditation'' is defined in section 1(b)(2) of the 
TEACH Act in terms of the qualification of the educational 
institution. It is not defined in terms of particular courses 
or programs. Thus, an accredited nonprofit educational 
institution qualifies for the exemption with respect to its 
courses whether or not the courses are part of a degree or 
certificate-granting program.
            Qualifying performances and displays; mediated 
                    instructional activities
      Subparagraph (2)(A) of the amended exemption provides 
that the exemption applies to a performance or display 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 . . . systematic mediated instructional 
activity.'' The subparagraph includes several requirements, all 
of which are intended to make clear that the transmission must 
be part of mediated instructional activity. First, the 
performance or display must be made by, under the direction of, 
or under the actual supervision of an instructor. The 
performance or display may be initiated by the instructor. It 
may also be initiated by a person enrolled in the class as long 
as it is done either at the direction, or under the actual 
supervision, of the instructor. ``Actual'' supervision is 
intended to require that the instructor is, in fact, 
supervising the class activities, and that supervision is not 
in name or theory only. It is not intended to require either 
constant, real-time supervision by the instructor or pre-
approval by the instructor for the performance or display. 
Asynchronous learning, at the pace of the student, is a 
significant and beneficial characteristic of digital distance 
education, and the concept of control and supervision is not 
intended to limit the qualification of such asynchronous 
activities for this exemption.
      The performance or display must also be made as an 
``integral part'' of a class session, so it must be part of a 
class itself, rather than ancillary to it. Further, it must 
fall within the concept of ``mediated instructional 
activities'' as described in section 1(b)(2) of the TEACH Act. 
This latter concept is intended to require the performance or 
display to be analogous to the type of performance or display 
that would take place in a live classroom setting. Thus, 
although it is possible to display an entire textbook or 
extensive course-pack material through an e-book reader or 
similar device or computer application, this type of use of 
such materials as supplemental reading would not be analogous 
to the type of display that would take place in the classroom, 
and therefore would not be authorized under the exemption.
      The amended exemption is not intended to address other 
uses of copyrighted works in the course of digital distance 
education, including student use of supplemental or research 
materials in digital form, such as electronic course packs, e-
reserves, and digital library resources. Such activities do not 
involve uses analogous to the performances and displays 
currently addressed in section 110(2).
      The ``mediated instructional activity'' requirement is 
thus intended to prevent the exemption provided by the TEACH 
Act from displacing textbooks, course packs or other material 
in any media, copies or phonorecords of which are typically 
purchased or acquired by students for their independent use and 
retention ``in most post-secondary and some elementary and 
secondary contexts). The Committee notes that in many secondary 
and elementary school contexts, such copies of such materials 
are not purchased or acquired directly by the students, but 
rather are provided for the students'' independent use and 
possession (for the duration of the course) by the institution.
      The limitation of the exemption to systematic ``mediated 
instructional activities'' in subparagraph (2)(A) of the 
amended exemption operates together with the exclusion in the 
opening clause of section 110(2) for works ``produced or 
marketed primarily for performance or display as part of 
mediated instructional activities transmitted via digital 
networks'' to place boundaries on the exemption. The former 
relates to the nature of the exempt activity; the latter limits 
the relevant materials by excluding those primarily produced or 
marketed for the exempt activity.
      One example of the interaction of the two provisions is 
the application of the exemption to textbooks. Pursuant to 
subparagraph (2)(A), which limits the exemption to ``mediated 
instructional activities,'' the display of material from a 
textbook that would typically be purchased by students in the 
local classroom environment, in lieu of purchase by the 
students, would not fall within the exemption. Conversely, 
because textbooks typically are not primarily produced or 
marketed for performance or display in a manner analogous to 
performances or display in the live classroom setting, they 
would not per se be excluded from the exemption under the 
exclusion in the opening clause. Thus, an instructor would not 
be precluded from using a chart or table or other short excerpt 
from a textbook different from the one assigned for the course, 
or from emphasizing such an excerpt from the assigned textbook 
that had been purchased by the students.
      The requirement of subparagraph (2)(B), that the 
performance or display must be directly related and of material 
assistance to the teaching content of the transmission, is 
found in current law, and has been retained in its current 
form. As noted in the Register's Report, \11\ this test of 
relevance and materiality connects the copyrighted work to the 
curriculum, and it means that the portion performed or 
displayed may not be performed or displayed for the mere 
entertainment of the students, or as unrelated background 
material.
---------------------------------------------------------------------------
    \11\ Id. at 80.
---------------------------------------------------------------------------
            Limitations on receipt of transmissions
      Unlike current section 110(2), the TEACH Act amendment 
removes the requirement that transmissions be received in 
classrooms or similar places devoted to instruction unless the 
recipient is an officer or employee of a governmental body or 
is prevented by disability or special circumstances from 
attending a classroom or similar place of instruction. One of 
the great potential benefits of digital distance education is 
its ability to reach beyond the physical classroom, to provide 
quality educational experiences to all students of all income 
levels, in cities and rural settings, in schools and on 
campuses, in the workplace, at home, and at times selected by 
students to meet their needs.
      In its place, the Act substitutes the requirements in 
subparagraph (2)(C) that the transmission be made solely for 
and, to the extent technologically feasible, the reception be 
limited to students officially enrolled in the course for which 
the transmission is made or governmental employees as part of 
their official duties or employment. This requirement is not 
intended to impose a general requirement of network security. 
Rather, it is intended to require only that the students or 
employees authorized to be recipients of the transmission 
should be identified, and the transmission should be 
technologically limited to such identified authorized 
recipients through systems such as password access or other 
similar measures.
            Additional safeguards to counteract new risks
      The digital transmission of works to students poses 
greater risks to copyright owners than transmissions through 
analog broadcasts. Digital technologies make possible the 
creation of multiple copies, and their rapid and widespread 
dissemination around the world. Accordingly, the TEACH Act 
includes several safeguards not currently present in section 
110(2).
      First, a transmitting body or institution seeking to 
invoke the exemption is required to institute policies 
regarding copyright and to provide information to faculty, 
students, and relevant staff members that accurately describe 
and promote compliance with copyright law. Further, the 
transmitting organization must provide notice to recipients 
that materials used in connection with the course may be 
subject to copyright protection. These requirements are 
intended to promote an environment of compliance with the law, 
inform recipients of their responsibilities under copyright 
law, and decrease the likelihood of unintentional and 
uninformed acts of infringement.
      Second, in the case of a digital transmission, the 
transmitting body or institution is required to apply 
technological measures to prevent (i) retention of the work in 
accessible form by recipients to which it sends the work for 
longer than the class session, and (ii) unauthorized further 
dissemination of the work in accessible form by such 
recipients. Measures intended to limit access to authorized 
recipients of transmissions from the transmitting body or 
institution are not addressed in this subparagraph (2)(D). 
Rather, they are the subjects of subparagraph (2)(C).
      Third, in the case of a digital transmission, the 
transmitting body or institution must 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.'' As the 
context makes clear, this requirement refers to conduct that is 
taken in connection with the particular transmissions subject 
to the exemption, rather than to the broader activities of the 
transmitting body or institution generally. Further, like the 
other provisions under paragraph (2)(D)(ii), the requirement 
has no legal effect other than as a condition of eligibility 
for the exemption. Thus, it is not otherwise enforceable to 
preclude or prohibit conduct.
      The requirement that technological measures be applied to 
limit retention for no longer than the ``class session'' refers 
back to the requirement that the performance be made as an 
``integral part of a class session.'' The duration of a ``class 
session'' in asynchronous distance education would generally be 
that period during which a student is logged on to the server 
of the institution or governmental body making the display or 
performance, but is likely to vary with the needs of the 
student and with the design of the particular course. It does 
not mean the duration of a particular course (i.e., a semester 
or term), but rather is intended to describe the equivalent of 
an actual single face-to-face mediated class session (although 
it may be asynchronous and one student may remain online or 
retain access to the performance or display for longer than 
another student as needed to complete the class session). 
Although flexibility is necessary to accomplish the pedagogical 
goals of distance education, the Committee expects that a 
common sense construction will be applied so that a copy or 
phonorecord displayed or performed in the course of a distance 
education program would not remain in the possession of the 
recipient in a way that could substitute for acquisition or for 
uses other than use in the particular class session. 
Conversely, the technological protection measure in 
subparagraph (2)(D)(ii) refers only to retention of a copy or 
phonorecord in the computer of the recipient of a transmission. 
The material to be performed or displayed may, under the 
amendments made by the Act to section 112 and with certain 
limitations set forth therein, remain on the server of the 
institution or government body for the duration of its use in 
one or more courses, and may be accessed by a student each time 
the student logs on to participate in the particular class 
session of the course in which the display or performance is 
made. The reference to ``accessible form'' recognizes that 
certain technological protection measures that could be used to 
comply with subparagraph (2)(D)(ii) do not cause the 
destruction or prevent the making of a digital file; rather 
they work by encrypting the work and limiting access to the 
keys and the period in which such file may be accessed. On the 
other hand, an encrypted file would still be considered to be 
in ``accessible form'' if the body or institution provides the 
recipient with a key for use beyond the class session.
      Paragraph (2)(D)(ii) provides, as a condition of 
eligibility for the exemption, that a transmitting body or 
institution apply technological measures that reasonably 
prevent both retention of the work in accessible form for 
longer than the class session and further dissemination of the 
work. This requirement does not impose a duty to guarantee that 
retention and further dissemination will never occur. Nor does 
it imply that there is an obligation to monitor recipient 
conduct. Moreover, the ``reasonably prevent'' standard should 
not be construed to imply perfect efficacy in stopping 
retention or further dissemination. The obligation to 
``reasonably prevent'' contemplates an objectively reasonable 
standard regarding the ability of a technological protection 
measure to achieve its purpose. Examples of technological 
protection measures that exist today and would reasonably 
prevent retention and further dissemination, include measures 
used in connection with streaming to prevent the copying of 
streamed material, such as the Real Player ``Secret Handshake/
Copy Switch'' technology discussed in Real Networks v. 
Streambox, 2000 WL 127311 (Jan. 18, 2000) or digital rights 
management systems that limit access to or use of encrypted 
material downloaded onto a computer. It is not the Committee's 
intent, by noting the existence of the foregoing, to specify 
the use of any particular technology to comply with 
subparagraph (2)(D)(ii). Other technologies will certainly 
evolve. Further, it is possible that, as time passes, a 
technological protection measure may cease to reasonably 
prevent retention of the work in accessible form for longer 
than the class session and further dissemination of the work, 
either due to the evolution of technology or to the widespread 
availability of a hack that can be readily used by the public. 
In those cases, a transmitting organization would be required 
to apply a different measure.
      Nothing in section 110(2) should be construed to affect 
the application or interpretation of section 1201. Conversely, 
nothing in section 1201 should be construed to affect the 
application or interpretation of section 110(2).
            Transient and temporary copies
      Section 1(b)(2) of the TEACH Act implements the 
Register's recommendation that liability not be imposed upon 
those who participate in digitally transmitted performances and 
displays authorized under this subsection by reason of copies 
or phonorecords made through the automatic technical process of 
such transmission, or any distribution resulting therefrom. 
Certain modifications have been made to the Register's 
recommendations to accommodate instances where the 
recommendation was either too broad or not sufficiently broad 
to cover the appropriate activities.
      The third paragraph added to the amended exemption under 
section 1(b)(2) of the TEACH Act recognizes that transmitting 
organizations should not be responsible for copies or 
phonorecords made by third parties, beyond the control of the 
transmitting organization. However, consistent with the 
Register's concern that the exemption should not be transformed 
into a mechanism for obtaining copies,\12\ the paragraph also 
requires that such transient or temporary copies stored on the 
system or network controlled or operated by the transmitting 
body or institution shall not be maintained on such system or 
network ``in a manner ordinarily accessible to anyone other 
than anticipated recipients'' or ``in a manner ordinarily 
accessible to such anticipated recipients for a longer period 
than is reasonably necessary to facilitate the transmissions'' 
for which they are made.
---------------------------------------------------------------------------
    \12\ Id. at 151.
---------------------------------------------------------------------------
      The liability of intermediary service providers remains 
governed by section 512, but, subject to section 512(d) and 
section 512(e), section 512 will not affect the legal 
obligations of a transmitting body or institution when it 
selects material to be used in teaching a course, and 
determines how it will be used and to whom it will be 
transmitted as a provider of content.
      The paragraph refers to ``transient'' and ``temporary'' 
copies consistent with the terminology used in section 512, 
including transient copies made in the transmission path by 
conduits and temporary copies, such as caches, made by the 
originating institution, by service providers or by recipients. 
Organizations providing digital distance education will, in 
many cases, provide material from source servers that create 
additional temporary or transient copies or phonorecords of the 
material in storage known as ``caches'' in other servers in 
order to facilitate the transmission. In addition, transient or 
temporary copies or phonorecords may occur in the transmission 
stream, or in the computer of the recipient of the 
transmission. Thus, by way of example, where content is 
protected by a digital rights management system, the 
recipient's browser may create a cache copy of an encrypted 
file on the recipient's hard disk, and another copy may be 
created in the recipient's random access memory at the time the 
content is perceived. The third paragraph added to the amended 
exemption by section 1(b)(2) of the TEACH Act is intended to 
make clear that those authorized to participate in digitally 
transmitted performances and displays as authorized under 
section 110(2) are not liable for infringement as a result of 
such copies created as part of the automatic technical process 
of the transmission if the requirements of that language are 
met. The paragraph is not intended to create any implication 
that such participants would be liable for copyright 
infringement in the absence of the paragraph.
Subsection (c): Ephemeral recordings
      One way in which digitally transmitted distance education 
will expand America's educational capacity and effectiveness is 
through the use of asynchronous education, where students can 
take a class when it is convenient for them, not at a specific 
hour designated by the body or institution. This benefit is 
likely to be particularly valuable for working adults. 
Asynchronous education also has the benefit of proceeding at 
the student's own pace, and freeing the instructor from the 
obligation to be in the classroom or on call at all hours of 
the day or night.
      In order for asynchronous distance education to proceed, 
organizations providing distance education transmissions must 
be able to load material that will be displayed or performed on 
their servers, for transmission at the request of students. The 
TEACH Act's amendment to section 112 makes that possible.
      Under new subsection 112(f)(1), transmitting 
organizations authorized to transmit performances or displays 
under section 110(2) may load on their servers copies or 
phonorecords of the performance or display authorized to be 
transmitted under section 110(2) to be used for making such 
transmissions. The subsection recognizes that it often is 
necessary to make more than one ephemeral recording in order to 
efficiently carry out digital transmissions, and authorizes the 
making of such copies or phonorecords.
      Subsection 112(f) imposes several limitations on the 
authorized ephemeral recordings. First, they may be retained 
and used solely by the government body or educational 
institution that made them. No further copies or phonorecords 
may be made from them, except for copies or phonorecords that 
are authorized by subsection 110(2), such as the copies that 
fall within the scope of the third paragraph added to the 
amended exemption under section 1(b)(2) of the TEACH Act. The 
authorized ephemeral recordings must be used solely for 
transmissions authorized under section 110(2).
      The Register's Report notes the sensitivity of copyright 
owners to the digitization of works that have not been 
digitized by the copyright owner. As a general matter, 
subsection 112(f) requires the use of works that are already in 
digital form. However, the Committee recognizes that some works 
may not be available for use in distance education, either 
because no digital version of the work is available to the 
institution, or because available digital versions are subject 
to technological protection measures that prevent their use for 
the performances and displays authorized by section 110(2). In 
those circumstances where no digital version is available to 
the institution or the digital version that is available is 
subject to technological measures that prevent its use for 
distance education under the exemption, section 112(f)(2) 
authorizes the conversion from an analog version, but only 
conversion of the portion or amount of such works that are 
authorized to be performed or displayed under section 110(2). 
It should be emphasized that subsection 112(f)(2) does not 
provide any authorization to convert print or other analog 
versions of works into digital format except as permitted in 
section 112(f)(2).
            Relationship to fair use and contractual obligations
      As the Register's Report makes clear ``critical to [its 
conclusion and recommendations] is the continued availability 
of the fair use doctrine.''\13\ Nothing in this Act is intended 
to limit or otherwise to alter the scope of the fair use 
doctrine. As the Register's Report explains:
---------------------------------------------------------------------------
    \13\ Id. at xvi.

            Fair use is a critical part of the distance 
        education landscape. Not only instructional 
        performances and displays, but also other educational 
        uses of works, such as the provision of supplementary 
        materials or student downloading of course materials, 
        will continue to be subject to the fair use doctrine. 
        Fair use could apply as well to instructional 
        transmissions not covered by the changes to section 
        110(2) recommended above. Thus, for example, the 
        performance of more than a limited portion of a 
        dramatic work in a distance education program might 
        qualify as fair use in appropriate circumstances.\14\
---------------------------------------------------------------------------
    \14\ Id. at 161-162.

      The Register's Report also recommends that the 
legislative history of legislation implementing its distance 
education requirements make certain points about fair use. 
Specifically, this legislation is enacted in recognition of the 
following:
            a. The fair use doctrine is technologically neutral 
        and applies to activities in the digital environment; 
        and
            b. The lack of established guidelines for any 
        particular type of use does not mean that fair use is 
        inapplicable.\15\
---------------------------------------------------------------------------
    \15\ Id.
---------------------------------------------------------------------------
      While the Register's Report also examined and discussed a 
variety of licensing issues with respect to educational uses 
not covered by exemptions or fair use, these issues were not 
included in the Report's legislative recommendations that 
formed the basis for the TEACH Act. It is the view of the 
committee that nothing in this Act is intended to affect in any 
way the relationship between express copyright exemptions and 
license restrictions.
            Nonapplicability to secure tests
      The Conference is aware and deeply concerned about the 
phenomenon of school officials who are entrusted with copies of 
secure test forms solely for use in actual test administrations 
and using those forms for a completely unauthorized purpose, 
namely helping students to study the very questions they will 
be asked on the real test. The Conference does not in any way 
intend to change current law with respect to application of the 
Copyright Act or to undermine or lessen in any way the 
protection afforded to secure tests under the Copyright Act. 
Specifically, this section would not authorize a secure test 
acquired solely for use in an actual test administration to be 
used for any other purpose.
            Subsection (d): PTO report
      The report requested in subsection (d) requests 
information about technological protection systems to protect 
digitized copyrighted works and prevent infringement. The 
report is intended for the information of Congress and shall 
not be construed to have any effect whatsoever on the meaning, 
applicability, or effect of any provision of the Copyright Act 
in general or the TEACH Act in particular.

               Subtitle D--Madrid Protocol Implementation

Sec. 13401. Short title
      This section provides that 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
      This section amends the ``Trademark Act of 1946'' by 
adding a new ``Title XII--The Madrid Protocol,'' which contains 
new sections 60 through 74 with the following:
      (A) The owner of a registration granted by the U.S. 
Patent and Trademark Office (PTO) or the owner of a pending 
application before the PTO may file an international 
application for trademark protection at the PTO.
      (B) After receipt of the appropriate fee and inspection 
of the application, the PTO Director is charged with the duty 
of transmitting the application to the WIPO International 
Bureau.
      (C) The Director is also obliged to notify the 
International Bureau whenever the international application has 
been ``restricted, abandoned, canceled, or has expired,'' 
within a specified time period.
      (D) The holder of an international registration may 
request an extension of its registration by filing with the PTO 
or the International Bureau.
      (E) The holder of an international registration is 
entitled to the benefits of extension in the United States to 
the extent necessary to give effect to any provision of the 
Protocol; however, an extension of an international 
registration shall not apply to the United States if the PTO is 
the office of origin with respect to that mark.
      (F) The holder of an international registration with an 
extension of protection in the United States may claim a date 
of priority based on certain conditions.
      (G) If the PTO Director believes that an applicant is 
entitled to an extension of protection, the mark will be 
published in the ``Official Gazette of the Patent and Trademark 
Office.'' This serves notice to third parties who oppose the 
extension. Unless an opposition and/or other court proceeding 
conducted pursuant to existing law is successful, the request 
for extension may not be refused. If the request for extension 
of protection is denied, however, the Director notifies the 
International Bureau of such action and sets forth the 
reason(s) why. The Director must also apprise the International 
Bureau of other relevant information pertaining to requests for 
extension of protection within designated time periods.
      (H) If an extension for protection is granted, the PTO 
issues a certificate attesting to such action, and publishes 
notice of the certificate in the ``Official Gazette.'' Holders 
of extension certificates thereafter enjoy protection equal to 
that of other owners of registration listed on the Principal 
Register of the PTO.
      (I) If the International Bureau notifies the PTO of a 
cancellation of some or all of the goods and services listed in 
the international registration, the PTO must cancel an 
extension of protection with respect to the same goods and 
services as of the date on which the international registration 
was canceled. Similarly, if the International Bureau does not 
renew an international registration, the corresponding 
extension of protection in the United States shall cease to be 
valid. Finally, the holder of an international registration 
canceled in whole or in part by the International Bureau may 
file an application 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 in the United 
States based on that international registration.
      (J) The holder of an extension of protection must, within 
designated time periods and under certain conditions, file an 
affidavit setting forth the relevant goods or services on or in 
connection with which the mark is in use in commerce and 
attaching a specimen or facsimile showing the current use of 
the mark in commerce, or setting forth that any nonuse is due 
to special circumstances which excuse such nonuse and is not 
due to any intention to abandon the mark.
      (K) The right to an extension of protection may be 
assigned to a third party so long as that person is a national 
of, or is domiciled in, or has a ``bonafide'' and effective 
industrial or commercial establishment in a country that is a 
member of the Protocol; or has such a business in a country 
that is a member of an intergovernmental organization (such as 
the EC) belonging to the Protocol.
      (L) An extension of protection conveys the same rights as 
an existing registration for the same mark if the extension and 
existing registration are owned by the same person, and 
extension of protection and the existing registration cover the 
same goods or services, and the certificate of extension is 
issued after the date of the existing registration.
Sec. 13403. Effective date
      This section states that the effective date of the act 
shall commence on the date on which the Madrid Protocol enters 
into force with respect to the United States or 1 year after 
the date of enactment of the act, whichever occurs later.

         TITLE IV--ANTITRUST TECHNICAL CORRECTIONS ACT OF 2002

Sec. 14101. Short title
      Section 14101 provides that this title may be cited as 
the ``Antitrust Technical Corrections Act of 2002.''
Sec. 14102. Amendments
      Subsection 14102(a) repeals the paragraph in Section 11 
of Panama Canal Act, prohibiting ships owned by persons who are 
violating the antitrust laws from passing through the Canal.
      Subsection 14102(b) adds a new Section 3(b) to the 
Sherman Act to clarify that Section 2 of the Sherman Act 
applies to the District of Columbia and the territories.
      Subsection 14102(c) repeals Section 77 of the Wilson 
Tariff Act and also eliminates several cross-references to 
Section 77 in five other statutes (the Clayton Act, the Federal 
Trade Commission Act, the Packers and Stockyards Act, the 
Atomic Energy Act of 1954, and the Deep Seabed Hard Mineral 
Resources Act). These cross-references occur in definitions of 
the term ``antitrust laws'' in the other statutes and do not 
change the substance of those statutes.
      Subsection 14102(d) corrects an erroneous section number 
designation in the Curt Flood Act passed in 1998. It makes no 
substantive change.
      Subsection 14102(e) inserts an inadvertently omitted 
period in the Year 2000 Information and Readiness Disclosure 
Act. It makes no substantive change.
      Subsection 14102(f) repeals the Act of March 3, 1913, 
requiring that depositions in Sherman Act equity cases brought 
by the government be held in public.
      Subsection 14102(g) repeals section 116 of the Act of 
November 19, 2001.
Section 14103. Effective date; application of amendments
      Subsection 14103(a) provides that the changes shall take 
effect on the date of enactment.
      Subsection 14103(b) provides that the change made by 
subsection 14102(a) shall apply to cases pending on or after 
the date of enactment.
      Subsection 14103(c) provides that the change made by 
subsections 14102(b), (c), and (d) shall apply only to cases 
commenced on or after the date of enactment.

                From the Committee on the Judiciary, for 
                consideration of the House bill and the Senate 
                amendment, and modifications committed to 
                conference:
                                   F. James Sensenbrenner,
                                   Henry Hyde,
                                   George W. Gekas,
                                   J. Howard Coble,
                                   Lamar Smith,
                                   Elton Gallegly,
                                   John Conyers, Jr.,
                                   Barney Frank,
                                   Bobby Scott,
                                   Tammy Baldwin,
                                           (Provided, That Mr. Berman 
                                               is appointed in lieu of 
                                               Ms. Baldwin for 
                                               consideration of sec. 
                                               312 of the Senate 
                                               amendment, and 
                                               modifications committed 
                                               to conference.)
                                   Howard Berman,
                From the Committee on Energy and Commerce, for 
                consideration of secs. 2203-6, 2206, 2210, 
                2801, 2901-2911, 2951, 4005, and title VIII of 
                the Senate amendment, and modifications 
                committed to conference:
                                   Billy Tauzin,
                                   Michael Bilirakis,
                                   John D. Dingell,
                From the Committee on Education and the 
                Workforce, for consideration of secs. 2207, 
                2301, 2302, 2311, 2321-4, 2331-4 of the Senate 
                amendment, and modifications committed to 
                conference:
                                   Peter Hoekstra,
                                   Michael N. Castle,
                                   George Miller,
                                 Managers on the Part of the House.

                                   Patrick Leahy,
                                   Ted Kennedy,
                                   Orrin Hatch,
                                Managers on the Part of the Senate.