PUBLIC LAW 107–273—NOV. 2, 2002

21ST CENTURY DEPARTMENT OF JUSTICE

APPROPRIATIONS AUTHORIZATION ACT

116 STAT. 1758 PUBLIC LAW 107–273—NOV. 2, 2002

Public Law 107–273

107th Congress

An Act

To authorize appropriations for the Department of Justice for fiscal year 2002,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘21st Century

Department of Justice Appropriations Authorization Act’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

DIVISION A—21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS

AUTHORIZATION ACT

TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2002

AND 2003

Sec. 101. Specific sums authorized to be appropriated for fiscal year 2002.

Sec. 102. Specific sums authorized to be appropriated for fiscal year 2003.

Sec. 103. Appointment of additional assistant United States attorneys; reduction of

certain litigation positions. Sec. 104. Authorization for additional assistant United States attorneys for project

safe neighborhoods.

TITLE II—PERMANENT ENABLING PROVISIONS

Sec. 201. Permanent authority.

Sec. 202. Permanent authority relating to enforcement of laws.

Sec. 203. Miscellaneous uses of funds; technical amendments.

Sec. 204. Technical and miscellaneous amendments to Department of Justice authorities; authority to transfer property of marginal value; recordkeeping; protection of the Attorney General. Sec. 205. Oversight; waste, fraud, and abuse within the Department of Justice.

Sec. 206. Enforcement of Federal criminal laws by Attorney General.

Sec. 207. Strengthening law enforcement in United States territories, commonwealths, and possessions.

TITLE III—MISCELLANEOUS

Sec. 301. Repealers.

Sec. 302. Technical amendments to title 18 of the United States Code.

Sec. 303. Required submission of proposed authorization of appropriations for the

Department of Justice for fiscal years 2004 and 2005. Sec. 304. Study of untested rape examination kits.

Sec. 305. Reports on use of DCS 1000 (Carnivore).

Sec. 306. Study of allocation of litigating attorneys.

Sec. 307. Use of truth-in-sentencing and violent offender incarceration grants.

Sec. 308. Authority of the Department of Justice Inspector General.

Sec. 309. Review of the Department of Justice.

Sec. 310. Authorization of appropriations.

Sec. 311. Report on threats and assaults against Federal law enforcement officers,

United States judges, United States officials and their families. Sec. 312. Additional Federal judgeships.

TITLE IV—VIOLENCE AGAINST WOMEN

Sec. 401. Short title.

21st Century

Department of

Justice

Appropriations

Authorization

Act.

Nov. 2, 2002

[H.R. 2215]

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1759

Sec. 402. Establishment of Violence Against Women Office.

Sec. 403. Effective date.

DIVISION B—MISCELLANEOUS DIVISION

TITLE I—BOYS AND GIRLS CLUBS OF AMERICA

Sec. 1101. Boys and Girls Clubs of America.

TITLE II—DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT

OF 2002

Sec. 2001. Short title.

Subtitle A—Drug-Free Prisons and Jails

Sec. 2101. Use of residential substance abuse treatment grants to provide for services during and after incarceration.

Sec. 2102. Jail-based substance abuse treatment programs.

Sec. 2103. Mandatory revocation of probation and supervised release for failing a

drug test.

Subtitle B—Treatment and Prevention

Sec. 2201. Report on drug-testing technologies.

Sec. 2202. Drug and substance abuse treatment, prevention, education, and research study.

Sec. 2203. Drug abuse and addiction research.

Subtitle C—Drug Courts

Sec. 2301. Drug courts.

Sec. 2302. Authorization of appropriations.

Sec. 2303. Study by the General Accounting Office.

Subtitle D—Program for Successful Reentry of Criminal Offenders Into Local

Communities

CHAPTER 1—POST INCARCERATION VOCATIONAL AND REMEDIAL EDUCATIONAL

OPPORTUNITIES FOR INMATES

Sec. 2411. Post incarceration vocational and remedial educational opportunities for

inmates.

CHAPTER 2—STATE REENTRY GRANT PROGRAMS

Sec. 2421. Amendments to the Omnibus Crime Control and Safe Streets Act of

1968.

Subtitle E—Other Matters

Sec. 2501. Amendment to Controlled Substances Act.

Sec. 2502. Study of methamphetamine treatment.

Sec. 2503. Authorization of funds for DEA police training in South and Central

Asia.

Sec. 2504. United States-Thailand drug prosecutor exchange program.

TITLE III—SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE

SYSTEM

Sec. 3001. Increasing the penalty for using physical force to tamper with witnesses,

victims, or informants.

Sec. 3002. Correction of aberrant statutes to permit imposition of both a fine and

imprisonment.

Sec. 3003. Reinstatement of counts dismissed pursuant to a plea agreement.

Sec. 3004. Appeals from certain dismissals.

Sec. 3005. Clarification of length of supervised release terms in controlled substance cases.

Sec. 3006. Authority of court to impose a sentence of probation or supervised release when reducing a sentence of imprisonment in certain cases.

Sec. 3007. Clarification that making restitution is a proper condition of supervised

release.

TITLE IV—CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002

Sec. 4001. Short title.

Sec. 4002. Technical amendments relating to criminal law and procedure.

Sec. 4003. Additional technicals.

Sec. 4004. Repeal of outmoded provisions.

116 STAT. 1760 PUBLIC LAW 107–273—NOV. 2, 2002

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.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1761

Sec. 11044. Severability.

Subtitle D—Antitrust Modernization Commission Act of 2002

Sec. 11051. Short title.

Sec. 11052. Establishment.

Sec. 11053. Duties of the Commission.

Sec. 11054. Membership.

Sec. 11055. Compensation of the Commission.

Sec. 11056. Staff of Commission; experts and consultants.

Sec. 11057. Powers of the Commission.

Sec. 11058. Report.

Sec. 11059. Termination of Commission.

Sec. 11060. Authorization of appropriations.

TITLE II—JUVENILE JUSTICE

Subtitle A—Juvenile Offender Accountability

Sec. 12101. Short title.

Sec. 12102. Juvenile offender accountability.

Subtitle B—Juvenile Justice and Delinquency Prevention Act of 2002

Sec. 12201. Short title.

Sec. 12202. Findings.

Sec. 12203. Purpose.

Sec. 12204. Definitions.

Sec. 12205. Concentration of Federal effort.

Sec. 12206. Coordinating Council on Juvenile Justice and Delinquency Prevention.

Sec. 12207. Annual report.

Sec. 12208. Allocation.

Sec. 12209. State plans.

Sec. 12210. Juvenile delinquency prevention block grant program.

Sec. 12211. Research; evaluation; technical assistance; training.

Sec. 12212. Demonstration projects.

Sec. 12213. Authorization of appropriations.

Sec. 12214. Administrative authority.

Sec. 12215. Use of funds.

Sec. 12216. Limitations on use of funds.

Sec. 12217. Rules of construction.

Sec. 12218. Leasing surplus Federal property.

Sec. 12219. Issuance of rules.

Sec. 12220. Content of materials.

Sec. 12221. Technical and conforming amendments.

Sec. 12222. Incentive grants for local delinquency prevention programs.

Sec. 12223. Effective date; application of amendments.

Subtitle C—Juvenile Disposition Hearing

Sec. 12301. Juvenile disposition hearing.

TITLE III—INTELLECTUAL PROPERTY

Subtitle A—Patent and Trademark Office Authorization

Sec. 13101. Short title.

Sec. 13102. Authorization of amounts available to the Patent and Trademark Office.

Sec. 13103. Electronic filing and processing of patent and trademark applications.

Sec. 13104. Strategic plan.

Sec. 13105. Determination of substantial new question of patentability in reexamination proceedings.

Sec. 13106. Appeals in inter partes reexamination proceedings.

Subtitle B—Intellectual Property and High Technology Technical Amendments

Sec. 13201. Short title.

Sec. 13202. Clarification of Reexamination Procedure Act of 1999; technical amendments.

Sec. 13203. Patent and Trademark Efficiency Act amendments.

Sec. 13204. Domestic publication of foreign filed Patent Applications Act of 1999

amendments.

Sec. 13205. Domestic publication of patent applications published abroad.

Sec. 13206. Miscellaneous clerical amendments.

Sec. 13207. Technical corrections in trademark law.

Sec. 13208. Patent and trademark fee clerical amendment.

116 STAT. 1762 PUBLIC LAW 107–273—NOV. 2, 2002

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

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1763

crimes identified in the No Electronic Theft (NET) Act (Public

Law 105–147): Provided, That such amounts in the appropriations account ‘‘General Legal Services’’ as may be expended

for such investigations or prosecutions shall count towards

this minimum as though expended from this appropriations

account.

(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal

Bureau of Investigation: $3,524,864,000, which shall include

for each such fiscal year—

(A) not to exceed $33,791,000 for construction, to

remain available until expended; and

(B) not to exceed $70,000 to meet unforeseen emergencies of a confidential character.

(8) UNITED STATES MARSHALS SERVICE.—For the United

States Marshals Service: $648,696,000, which shall include for

each such fiscal year not to exceed $15,000,000 for construction,

to remain available until expended.

(9) FEDERAL PRISON SYSTEM.—For the Federal Prison

System, including the National Institute of Corrections:

$4,622,152,000.

(10) FEDERAL PRISONER DETENTION.—For the support of

United States prisoners in non-Federal institutions, as authorized by section 4013(a) of title 18 of the United States Code:

$706,182,000, to remain available until expended.

(11) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug

Enforcement Administration: $1,481,783,000, which shall

include not to exceed $70,000 to meet unforeseen emergencies

of a confidential character.

(12) IMMIGRATION AND NATURALIZATION SERVICE.—For the

Immigration and Naturalization Service: $3,499,854,000, which

shall include—

(A) not to exceed $2,739,695,000 for salaries and

expenses of enforcement and border affairs (i.e., the Border

Patrol, deportation, intelligence, investigations, and inspection programs, and the detention program);

(B) not to exceed $631,745,000 for salaries and

expenses of citizenship and benefits (i.e., programs not

included under subparagraph (A));

(C) for each such fiscal year, not to exceed $128,454,000

for construction, to remain available until expended; and

(D) not to exceed $50,000 to meet unforeseen emergencies of a confidential character.

(13) FEES AND EXPENSES OF WITNESSES.—For Fees and

Expenses of Witnesses: $156,145,000 to remain available until

expended, which shall include for each such fiscal year not

to exceed $6,000,000 for construction of protected witness

safesites.

(14) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For

Interagency Crime and Drug Enforcement: $338,577,000, for

expenses not otherwise provided for, for the investigation and

prosecution of persons involved in organized crime drug trafficking, except that any funds obligated from appropriations

authorized by this paragraph may be used under authorities

available to the organizations reimbursed from such funds.

(15) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the

Foreign Claims Settlement Commission: $1,136,000.

116 STAT. 1764 PUBLIC LAW 107–273—NOV. 2, 2002

(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

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1765

Law 105–147): Provided, That such amounts in the appropriations account ‘‘General Legal Services’’ as may be expended

for such investigations or prosecutions shall count towards

this minimum as though expended from this appropriations

account.

(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal

Bureau of Investigation: $4,323,912,000, which shall include

for each such fiscal year— (A) not to exceed $1,250,000 for construction, to remain

available until expended; and (B) not to exceed $70,000 to meet unforeseen emergencies of a confidential character.

(8) UNITED STATES MARSHALS SERVICE.—For the United

States Marshals Service: $737,346,000, which shall include for

each such fiscal year not to exceed $15,153,000 for construction,

to remain available until expended.

(9) FEDERAL PRISON SYSTEM.—For the Federal Prison

System, including the National Institute of Corrections:

$4,605,068,000.

(10) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug

Enforcement Administration: $1,582,044,000, which shall

include not to exceed $70,000 to meet unforeseen emergencies

of a confidential character.

(11) IMMIGRATION AND NATURALIZATION SERVICE.—For the

Immigration and Naturalization Service: $4,131,811,000, which

shall include—

(A) not to exceed $3,253,561,000 for salaries and

expenses of Border Patrol, detention and removals, intelligence, investigations, inspections, and international

enforcement, including not to exceed $50,000 to meet

unforeseen emergencies of a confidential character;

(B) not to exceed $88,598,000 for salaries and expenses

of immigration services, including international services;

and

(C) not to exceed $789,652,000 for salaries and

expenses for support and administration (i.e., data and

communications, information and records management,

construction, etc.).

(12) FEES AND EXPENSES OF WITNESSES.—For Fees and

Expenses of Witnesses: $156,145,000 to remain available until

expended, which shall include for each such fiscal year not

to exceed $6,000,000 for construction of protected witness

safesites.

(13) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For

Interagency Crime and Drug Enforcement: $362,131,000, for

expenses not otherwise provided for, for the investigation and

prosecution of persons involved in organized crime drug trafficking, except that any funds obligated from appropriations

authorized by this paragraph may be used under authorities

available to the organizations reimbursed from such funds.

(14) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the

Foreign Claims Settlement Commission: $1,194,000.

(15) COMMUNITY RELATIONS SERVICE.—For the Community

Relations Service: $10,732,000.

(16) ASSETS FORFEITURE FUND.—For the Assets Forfeiture

Fund: $22,949,000 for expenses authorized by section 524 of

title 28, United States Code.

116 STAT. 1766 PUBLIC LAW 107–273—NOV. 2, 2002

(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.

28 USC 509 note.

Deadline.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1767

TITLE II—PERMANENT ENABLING

PROVISIONS

SEC. 201. PERMANENT AUTHORITY.

(a) IN GENERAL.—Chapter 31 of title 28, United States Code,

is amended by adding at the end the following:

‘‘§ 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

116 STAT. 1768 PUBLIC LAW 107–273—NOV. 2, 2002

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

Notice.

Deadline.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1769

of the Senate and of the House of Representatives

not later than 30 days after the approval of a reward

under clause (ii); ‘‘(iv) any executive agency or military department

(as defined, respectively, in sections 105 and 102 of

title 5) may provide the Attorney General with funds

for the payment of rewards; and

‘‘(v) neither the failure of the Attorney General

to authorize a payment nor the amount authorized

shall be subject to judicial review.

‘‘(2) SPECIFIC PERMITTED USES.— ‘‘(A) AIRCRAFT AND BOATS.—Funds available to the

Attorney General for United States Attorneys, for the Federal Bureau of Investigation, for the United States Marshals Service, for the Drug Enforcement Administration,

and for the Immigration and Naturalization Service may

be used for the purchase, lease, maintenance, and operation

of aircraft and boats, for law enforcement purposes. ‘‘(B) PURCHASE OF AMMUNITION AND FIREARMS; FIREARMS COMPETITIONS.—Funds available to the Attorney General for United States Attorneys, for the Federal Bureau

of Investigation, for the United States Marshals Service,

for the Drug Enforcement Administration, for the Federal

Prison System, for the Office of the Inspector General,

and for the Immigration and Naturalization Service may

be used for—

‘‘(i) the purchase of ammunition and firearms; and

‘‘(ii) participation in firearms competitions.

‘‘(C) CONSTRUCTION.—Funds available to the Attorney

General for construction may be used for expenses of planning, designing, acquiring, building, constructing, activating, renovating, converting, expanding, extending,

remodeling, equipping, repairing, or maintaining buildings

or facilities, including the expenses of acquisition of sites

therefor, and all necessary expenses incident or related

thereto; but the foregoing shall not be construed to mean

that funds generally available for salaries and expenses

are not also available for certain incidental or minor

construction, activation, remodeling, maintenance, and

other related construction costs.

‘‘(3) FEES AND EXPENSES OF WITNESSES.—Funds available

to the Attorney General for fees and expenses of witnesses

may be used for—

‘‘(A) expenses, mileage, compensation, protection, and

per diem in lieu of subsistence, of witnesses (including

advances of public money) and as authorized by section

1821 or other law, except that no witness may be paid

more than 1 attendance fee for any 1 calendar day;

‘‘(B) fees and expenses of neutrals in alternative dispute resolution proceedings, where the Department of Justice is a party; and

‘‘(C) construction of protected witness safesites.

‘‘(4) FEDERAL BUREAU OF INVESTIGATION.—Funds available

to the Attorney General for the Federal Bureau of Investigation

for the detection, investigation, and prosecution of crimes

against the United States may be used for the conduct of

all its authorized activities.

116 STAT. 1770 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘(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

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1771

Justice, to another Federal entity, or to a unit of State or

local government, may be used under authorities available to

the unit or entity receiving such reimbursement.

‘‘(d) FOREIGN REIMBURSEMENTS.—Whenever the Department of

Justice or any component participates in a cooperative project to

improve law enforcement or national security operations or services

with a friendly foreign country on a cost-sharing basis, any

reimbursements or contributions received from that foreign country

to meet its share of the project may be credited to appropriate

current appropriations accounts of the Department of Justice or

any component. The amount of a reimbursement or contribution

credited shall be available only for payment of the share of the

project expenses allocated to the participating foreign country. ‘‘(e) RAILROAD POLICE TRAINING FEES.—The Attorney General

is authorized to establish and collect a fee to defray the costs

of railroad police officers participating in a Federal Bureau of Investigation law enforcement training program authorized by Public

Law 106–110, and to credit such fees to the appropriation account ‘Federal Bureau of Investigation, Salaries and Expenses’, to be

available until expended for salaries and expenses incurred in providing such services. ‘‘(f) WARRANTY WORK.—In instances where the Attorney General determines that law enforcement-, security-, or mission-related

considerations mitigate against obtaining maintenance or repair

services from private sector entities for equipment under warranty,

the Attorney General is authorized to seek reimbursement from

such entities for warranty work performed at Department of Justice

facilities, and to credit any payment made for such work to any

appropriation charged therefor.’’.

(b) CONFORMING AMENDMENT.—The table of sections of chapter

31 of title 28, United States Code, is amended by adding at the

end the following:

‘‘530C. Authority to use available funds.’’.

SEC. 202. PERMANENT AUTHORITY RELATING TO ENFORCEMENT OF

LAWS.

(a) IN GENERAL.—Chapter 31 of title 28, United States Code

(as amended by section 201), is amended by adding at the end

the following:

‘‘§ 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,

116 STAT. 1772 PUBLIC LAW 107–273—NOV. 2, 2002

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).

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1773

‘‘(2) SUBMISSION OF REPORT TO THE CONGRESS.—For the

purposes of paragraph (1), a report shall be considered to be

submitted to the Congress if the report is submitted to—

‘‘(A) the majority leader and minority leader of the

Senate;

‘‘(B) the Speaker, majority leader, and minority leader

of the House of Representatives;

‘‘(C) the chairman and ranking minority member of

the Committee on the Judiciary of the House of Representatives and the chairman and ranking minority member of

the Committee on the Judiciary of the Senate; and

‘‘(D) the Senate Legal Counsel and the General Counsel

of the House of Representatives.

‘‘(b) DEADLINE.—A report shall be submitted—

‘‘(1) under subsection (a)(1)(A), not later than 30 days after

the establishment or implementation of each policy;

‘‘(2) under subsection (a)(1)(B), within such time as will

reasonably enable the House of Representatives and the Senate

to take action, separately or jointly, to intervene in timely

fashion in the proceeding, but in no event later than 30 days

after the making of each determination; and

‘‘(3) under subsection (a)(1)(C), not later than 30 days after

the conclusion of each fiscal-year quarter, with respect to all

approvals occurring in such quarter.

‘‘(c) CONTENTS.—A report required by subsection (a) shall—

‘‘(1) specify the date of the establishment or implementation

of the policy described in subsection (a)(1)(A), of the making

of the determination described in subsection (a)(1)(B), or of

each approval described in subsection (a)(1)(C);

‘‘(2) include a complete and detailed statement of the relevant issues and background (including a complete and detailed

statement of the reasons for the policy or determination, and

the identity of the officer responsible for establishing or implementing such policy, making such determination, or approving

such settlement or compromise), except that—

‘‘(A) such details may be omitted as may be absolutely

necessary to prevent improper disclosure of nationalsecurity- or classified information, of any information subject to the deliberative-process-, executive-, attorney-workproduct-, 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

116 STAT. 1774 PUBLIC LAW 107–273—NOV. 2, 2002

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

Deadline.

Reports.

28 USC 530D

note.

Deadline.

28 USC 530D

note.

Notification.

2 USC 288k.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1775

(ii) all determinations of which the Attorney General

and applicable official are aware described in subsection

(a)(1)(B) of such section that were made before the date

of the enactment of this Act and were in effect on such

date.

(B) If a determination described in subparagraph (A)(ii)

relates to any judicial, administrative, or other proceeding that

is pending in the 90-day period beginning on the date of the

enactment of this Act, with respect to any such determination,

then the report required by this paragraph shall be submitted

within such time as will reasonably enable the House of Representatives and the Senate to take action, separately or jointly,

to intervene in timely fashion in the proceeding, but not later

than 30 days after the date of the enactment of this Act.

(5) 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)—

42 USC 3761.

42 USC 3760.

42 USC 3756.

42 USC 3754.

2 USC 130f.

116 STAT. 1776 PUBLIC LAW 107–273—NOV. 2, 2002

(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.’’.

28 USC 527 note.

31 USC 6503

note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1777

SEC. 205. OVERSIGHT; WASTE, FRAUD, AND ABUSE WITHIN THE

DEPARTMENT OF JUSTICE.

(a) Section 529 of title 28, United States Code, is amended

by inserting ‘‘(a)’’ before ‘‘Beginning’’, and by adding at the end

the following: ‘‘(b) 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;

Deadline.

Reports.

116 STAT. 1778 PUBLIC LAW 107–273—NOV. 2, 2002

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.

42 USC 3712

note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1779

‘‘(C) The information required under subparagraph (A) shall

be submitted in the report required in fiscal year 2005 and thereafter.’’.

SEC. 206. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY ATTORNEY

GENERAL.

Section 535 of title 28, United States Code, is amended in

subsections (a) and (b), by replacing ‘‘title 18’’ with ‘‘Federal criminal

law’’, and in subsection (b), by replacing ‘‘or complaint’’ the 1st

place it appears with ‘‘matter, or complaint witnessed, discovered,

or’’, and by inserting ‘‘or the witness, discoverer, or recipient, as

appropriate,’’ after ‘‘agency,’’.

SEC. 207. STRENGTHENING LAW ENFORCEMENT IN UNITED STATES

TERRITORIES, COMMONWEALTHS, AND POSSESSIONS.

(a) EXTENDED ASSIGNMENT INCENTIVE.—Chapter 57 of title 5,

United States Code, is amended—

(1) in subchapter IV, by inserting at the end the following:

‘‘§ 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

116 STAT. 1780 PUBLIC LAW 107–273—NOV. 2, 2002

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.

Deadline.

5 USC 5757 note.

5 USC 5307 note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1781

(b) OPEN-ENDED AUTHORIZATION OF APPROPRIATIONS FOR

UNITED STATES MARSHALS SERVICE.—Section 561 of title 28, United

States Code, is amended by striking subsection (i).

(c) REDUNDANT AUTHORIZATIONS OF PAYMENTS FOR REWARDS.— (1) 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

Deadline.

Reports.

12 USC 4205,

4209.

18 USC 3071

note.

116 STAT. 1782 PUBLIC LAW 107–273—NOV. 2, 2002

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;

18 USC 2519

note.

18 USC 3126

note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1783

(4) the identity of the applying investigative or law enforcement officer and agency making the application and the person

authorizing the application;

(5) the nature of the facilities from which or place where

communications were to be intercepted;

(6) a general description of the interceptions made under

such order or extension, including—

(A) the approximate nature and frequency of incriminating communications intercepted;

(B) the approximate nature and frequency of other

communications intercepted;

(C) the approximate number of persons whose communications were intercepted;

(D) the number of orders in which encryption was

encountered and whether such encryption prevented law

enforcement from obtaining the plain text of communications intercepted pursuant to such order; and

(E) the approximate nature, amount, and cost of the

manpower and other resources used in the interceptions;

(7) the number of arrests resulting from interceptions made

under such order or extension, and the offenses for which

arrests were made;

(8) the number of trials resulting from such interceptions;

(9) the number of motions to suppress made with respect

to such interceptions, and the number granted or denied;

(10) the number of convictions resulting from such interceptions and the offenses for which the convictions were obtained

and a general assessment of the importance of the interceptions;

and

(11) the specific persons authorizing the use of the DCS

1000 program (or any subsequent version of such program)

in the implementation of such order.

SEC. 306. STUDY OF ALLOCATION OF LITIGATING ATTORNEYS.

Not later than 180 days 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

Deadline.

116 STAT. 1784 PUBLIC LAW 107–273—NOV. 2, 2002

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

5 USC app. 8E

note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1785

of the enactment of this Act, the Inspector General of the Department of Justice shall submit to the Chairperson and ranking

member of the Committees on the Judiciary of the Senate and

the House of Representatives, a plan for oversight of the Federal

Bureau of Investigation, which plan may include—

(1) an audit of the financial systems, information technology

systems, and computer security systems of the Federal Bureau

of Investigation;

(2) an audit and evaluation of programs and processes

of the Federal Bureau of Investigation to identify systemic

weaknesses or implementation failures and to recommend

corrective action;

(3) a review of the activities of internal affairs offices

of the Federal Bureau of Investigation, including the Inspections Division and the Office of Professional Responsibility;

(4) an investigation of allegations of serious misconduct

by personnel of the Federal Bureau of Investigation;

(5) a review of matters relating to any other program

or operation of the Federal Bureau of Investigation that the

Inspector General determines requires review; and

(6) an identification of resources needed by the Inspector

General to implement a plan for oversight of the Federal

Bureau of Investigation.

(c) REPORT ON INSPECTOR GENERAL FOR FEDERAL BUREAU OF

INVESTIGATION.—Not 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.

Deadline.

116 STAT. 1786 PUBLIC LAW 107–273—NOV. 2, 2002

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 fulltime 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—

28 USC 133.

President.

28 USC 133 note.

Deadline.

28 USC 534 note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1787

(A) by striking the item relating to California and

inserting the following:

‘‘California:

Northern .......................................................................................................... 14

Eastern ............................................................................................................ 6

Central ............................................................................................................ 27

Southern .......................................................................................................... 13’’;

(B) by striking the item relating to North Carolina

and inserting the following:

‘‘North Carolina:

Eastern ............................................................................................................ 4

Middle .............................................................................................................. 4

Western ........................................................................................................... 4’’;

and

(C) by striking the item relating to Texas and inserting

the following:

‘‘Texas:

Northern .......................................................................................................... 12

Southern .......................................................................................................... 19

Eastern ............................................................................................................ 7

Western ........................................................................................................... 13’’.

(3) EFFECTIVE DATE.—This 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’’.

28 USC 133 note.

28 USC 133 note.

116 STAT. 1788 PUBLIC LAW 107–273—NOV. 2, 2002

(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.

28 USC 133 note.

President.

28 USC 133 note.

28 USC 133 note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1789

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).

President.

42 USC

3796gg–0a.

42 USC

3796gg–0.

42 USC

3796gg–1—

3796gg–5.

42 USC

3796gg–1.

42 USC 3711

note.

Violence Against

Women Office

Act.

116 STAT. 1790 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘(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.

42 USC

3796gg–0b.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1791

‘‘(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.’’.

42 USC

3796gg–0

note.

42 USC

3796gg–0d.

42 USC

3796gg–0c.

116 STAT. 1792 PUBLIC LAW 107–273—NOV. 2, 2002

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 sciencebased established by those local correctional facilities.’’.

42 USC 3796ff–3.

42 USC 3796ff–1.

42 USC 3711

note.

Drug Abuse

Education,

Prevention, and

Treatment Act of

2002.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1793

SEC. 2103. MANDATORY REVOCATION OF PROBATION AND SUPERVISED RELEASE FOR FAILING A DRUG TEST.

(a) REVOCATION OF PROBATION.—Section 3565(b) of title 18,

United States Code, is amended—

(1) in paragraph (2), by striking ‘‘or’’ after the semicolon;

(2) in paragraph (3), by striking ‘‘(4),’’ and inserting ‘‘(4);

or’’; and

(3) by adding after paragraph (3) the following:

‘‘(4) as a part of drug testing, tests positive for illegal

controlled substances more than 3 times over the course of

1 year;’’.

(b) REVOCATION OF SUPERVISED RELEASE.—Section 3583(g) of

title 18, United States Code, is amended—

(1) in paragraph (2), by striking ‘‘or’’ after the semicolon;

(2) in paragraph (3), by inserting ‘‘or’’ after the semicolon;

and

(3) by adding after paragraph (3) the following:

‘‘(4) as a part of drug testing, tests positive for illegal

controlled substances more than 3 times over the course of

1 year;’’.

Subtitle B—Treatment and Prevention

SEC. 2201. 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 2 years after the date of enactment

of this Act, the Institute shall submit to Congress a report on

the results of the study conducted under subsection (a).

SEC. 2202. DRUG AND SUBSTANCE ABUSE TREATMENT, PREVENTION,

EDUCATION, AND RESEARCH STUDY.

(a) IN GENERAL.—Not 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

Deadline.

Deadline.

42 USC 3722

note.

116 STAT. 1794 PUBLIC LAW 107–273—NOV. 2, 2002

(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:

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1795

‘‘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;

42 USC 3797u–2.

42 USC 3797u–1.

42 USC 3797u.

116 STAT. 1796 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘(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.

42 USC 3797u–3.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1797

‘‘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:

42 USC 3797u–8.

42 USC 3797u–7.

42 USC 3797u–6.

42 USC 3797u–5.

42 USC 3797u–4.

116 STAT. 1798 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘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 Justicefunded 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.

Deadline.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1799

‘‘(B) The Attorney General shall reserve not less than 1

percent and not more than 4.5 percent of the sums appropriated

for this program in each fiscal year for research and evaluation

of this program.

‘‘(C) No funds made available to carry out part EE shall

be expended if the Attorney General fails to submit the report

required to be submitted under section 2401(c) of title II of

Division B of the 21st Century Department of Justice Appropriations Authorization Act.’’.

SEC. 2303. 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,

18 USC 3601

note.

42 USC 3797u

note.

116 STAT. 1800 PUBLIC LAW 107–273—NOV. 2, 2002

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.

Deadline.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1801

CHAPTER 2—STATE REENTRY GRANT PROGRAMS

SEC. 2421. AMENDMENTS TO THE OMNIBUS CRIME CONTROL AND SAFE

STREETS ACT OF 1968.

(a) IN GENERAL.—Title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended,

is amended by inserting after part EE the following new part:

‘‘PART FF—OFFENDER REENTRY AND

COMMUNITY SAFETY

‘‘SEC. 2976. 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

42 USC 3797w.

116 STAT. 1802 PUBLIC LAW 107–273—NOV. 2, 2002

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.’’.

(b) TECHNICAL AMENDMENT.—The table of contents of title I

of the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3711 et seq.) is amended by inserting after the matter

relating to part EE the following:

Deadline.

42 USC 3797w–1.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1803

‘‘PART FF—OFFENDER REENTRY AND COMMUNITY SAFETY ACT

‘‘Sec. 2976. Adult Offender State and Local Reentry Demonstration Projects.

‘‘Sec. 2977. State reentry project evaluation.’’.

Subtitle E—Other Matters

SEC. 2501. AMENDMENT TO CONTROLLED SUBSTANCES ACT.

Section 303(g)(2) of the Controlled Substances Act (21 U.S.C.

823(g)(2)) is amended— (1) in subparagraph (I), by striking ‘‘on October 17, 2000,’’ and all that follows through ‘‘such drugs,’’ and inserting ‘‘on

the date of approval by the Food and Drug Administration

of a drug in schedule III, IV, or V, a State may not preclude

a practitioner from dispensing or prescribing such drug, or

combination of such drugs,’’; and

(2) in subparagraph (J)(i), by striking ‘‘October 17, 2000,’’ and inserting ‘‘the date referred to in subparagraph (I),’’.

SEC. 2502. STUDY OF METHAMPHETAMINE TREATMENT.

Section 3633 of the Methamphetamine Anti-Proliferation Act

of 2000 (114 Stat. 1236) is amended by striking ‘‘the Institute

of Medicine of the National Academy of Sciences’’ and inserting

‘‘the National Institute on Drug Abuse’’.

SEC. 2503. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING

IN SOUTH AND CENTRAL ASIA.

There is authorized to be appropriated to the Attorney General not less than $5,000,000 for fiscal year 2003 for regional antidrug

training by the Drug Enforcement Administration for law enforcement entities (including police, border control, and other entities

engaged in drug interdiction and narcotics control efforts), as well

as increased precursor chemical control efforts in the South and

Central Asia region.

SEC. 2504. UNITED STATES-THAILAND DRUG PROSECUTOR EXCHANGE

PROGRAM.

(a) PROGRAM AUTHORIZATION.—The Attorney General shall

establish an exchange program in which prosecutors, judges, or

policy makers from the Kingdom of Thailand participate in an

exchange program to observe Federal prosecutors in an effort to

learn about the various rules and procedures used to prosecute

violations of federal criminal narcotics laws.

(b) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec- tion, 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—

116 STAT. 1804 PUBLIC LAW 107–273—NOV. 2, 2002

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘as provided in paragraph (2)’’ and inserting ‘‘as provided in paragraph (3)’’;

(B) by redesignating paragraph (2) as paragraph (3);

(C) by inserting after paragraph (1) the following:

‘‘(2) Whoever uses physical force or the threat of physical force

against any person, or attempts to do so, with intent to—

‘‘(A) influence, delay, or prevent the testimony of any person

in an official proceeding;

‘‘(B) cause or induce any person to—

‘‘(i) withhold testimony, or withhold a record, document, or other object, from an official proceeding;

‘‘(ii) alter, destroy, mutilate, or conceal an object with

intent to impair the integrity or availability of the object

for use in an official proceeding;

‘‘(iii) evade legal process summoning that person to

appear as a witness, or to produce a record, document,

or other object, in an official proceeding; or

‘‘(iv) be absent from an official proceeding to which

that person has been summoned by legal process; or

‘‘(C) hinder, delay, or prevent the communication to a law

enforcement officer or judge of the United States of information

relating to the commission or possible commission of a Federal

offense or a violation of conditions of probation, supervised

release, parole, or release pending judicial proceedings;

shall be punished as provided in paragraph (3).’’; and

(D) in paragraph (3), as redesignated—

(i) by striking ‘‘and’’ at the end of subparagraph

(A); and

(ii) by striking subparagraph (B) and inserting

the following:

‘‘(B) in the case of—

‘‘(i) an attempt to murder; or

‘‘(ii) the use or attempted use of physical force against

any person;

imprisonment for not more than 20 years; and

‘‘(C) in the case of the threat of use of physical force

against any person, imprisonment for not more than 10 years.’’;

(2) in subsection (b), by striking ‘‘or physical force’’; and

(3) by adding at the end the following:

‘‘(k) Whoever conspires to commit any offense under this section

shall be subject to the same penalties as those prescribed for the

offense the commission of which was the object of the conspiracy.’’.

(b) RETALIATING AGAINST A WITNESS.—Section 1513 of title

18, United States Code, is amended by adding at the end the

following:

‘‘(e) Whoever conspires to commit any offense under this section

shall be subject to the same penalties as those prescribed for the

offense the commission of which was the object of the conspiracy.’’.

(c) CONFORMING AMENDMENTS.—

(1) WITNESS TAMPERING.—Section 1512 of title 18, United

States Code, is amended in subsections (b)(3) and (d)(2) by

inserting ‘‘supervised release,’’ after ‘‘probation’’.

(2) RETALIATION AGAINST A WITNESS.—Section 1513 of title

18, United States Code, is amended in subsections (a)(1)(B)

and (b)(2) by inserting ‘‘supervised release,’’ after ‘‘probation’’.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1805

SEC. 3002. CORRECTION OF ABERRANT STATUTES TO PERMIT IMPOSITION OF BOTH A FINE AND IMPRISONMENT.

(a) IN GENERAL.—Title 18 of the United States Code is

amended—

(1) in section 401, by inserting ‘‘or both,’’ after ‘‘fine or

imprisonment,’’;

(2) in section 1705, by inserting ‘‘, or both’’ after ‘‘years’’;

and

(3) in sections 1916, 2234, and 2235, by inserting ‘‘, or

both’’ after ‘‘year’’.

(b) IMPOSITION BY MAGISTRATE.—Section 636 of title 28, United

States Code, is amended—

(1) in subsection (e)(2), by inserting ‘‘, or both,’’ after ‘‘fine

or imprisonment’’; and

(2) in subsection (e)(3), by inserting ‘‘or both,’’ after ‘‘fine

or imprisonment,’’.

SEC. 3003. REINSTATEMENT OF COUNTS DISMISSED PURSUANT TO A

PLEA AGREEMENT.

(a) IN GENERAL.—Chapter 213 of title 18, United States Code,

is amended by adding at the end the following:

‘‘§ 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’’.

Deadline.

116 STAT. 1806 PUBLIC LAW 107–273—NOV. 2, 2002

(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’’.

18 USC 1091.

Effective date.

18 USC 1 note.

Criminal Law

Technical

Amendments Act

of 2002.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1807

(6) ELIMINATION OF TYPOGRAPHICAL ERROR.—Section

1992(b) of title 18, United States Code, is amended by striking

‘‘term or years’’ and inserting ‘‘term of years’’. (7) SPELLING CORRECTION.—Section 2339A(a) of title 18,

United States Code, is amended by striking ‘‘or an escape’’ and inserting ‘‘of an escape’’. (8) SECTION 3553.—Section 3553(e) of title 18, United States

Code, is amended by inserting ‘‘a’’ before ‘‘minimum’’. (9) MISSPELLING IN SECTION 205.—Section 205(d)(1)(B) of

title 18, United States Code, is amended by striking ‘‘groups’s’’ and inserting ‘‘group’s’’. (10) CONFORMING CHANGE AND INSERTING MISSING WORD

IN SECTION 709.—The paragraph in section 709 of title 18,

United States Code, that begins with ‘‘A person who’’ is

amended—

(A) by striking ‘‘A person who’’ and inserting ‘‘Whoever’’; and

(B) by inserting ‘‘or’’ after the semicolon at the end.

(11) ERROR IN LANGUAGE BEING STRICKEN.—Effective on

the date of its enactment, section 726(2) of the Antiterrorism

and Effective Death Penalty Act of 1996 (Public Law 104–

132) 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’’;

Effective date.

18 USC 1716.

18 USC 1956.

116 STAT. 1808 PUBLIC LAW 107–273—NOV. 2, 2002

(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

Effective date.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1809

(1) and (2) of section 601(k), subsection (d) of section 602,

paragraph (4) of section 604(b), subsection (r) of section 605,

and paragraph (2) of section 607(j) of the Economic Espionage

Act of 1996 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—

18 USC 247, 281,

1114, 2339A,

2423, 2516, 3286,

3563; 21 USC

802.

116 STAT. 1810 PUBLIC LAW 107–273—NOV. 2, 2002

(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

18 USC 2441.

Effective date.

Effective date.

18 USC 247.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1811

States Code;’’ and inserting ‘‘has the meaning given that term

in section 3 of the Communications Act of 1934;’’. (11) ELIMINATION OF OUTMODED CITE IN SECTION 2339A.—

Section 2339A(a) of title 18, United States Code, is amended

by striking ‘‘2332c,’’. (12) CORRECTION OF REFERENCES IN AMENDATORY LAN- GUAGE.—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,’’;

(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’’;

18 USC 3563.

Effective date.

116 STAT. 1812 PUBLIC LAW 107–273—NOV. 2, 2002

(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 AMEND- MENT.—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.

Effective date.

50 USC 1805.

Effective date.

28 USC 504 and

note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1813

(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:

‘‘§ 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

42 USC 3797k.

42 USC 3797j.

Effective date.

18 USC 2707

note.

Effective date.

18 USC 1961.

Effective date.

18 USC 1956.

Effective date.

18 USC 2339.

116 STAT. 1814 PUBLIC LAW 107–273—NOV. 2, 2002

(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 pregrant 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.

42 USC 3797o.

42 USC 3797m.

42 USC 3797l.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1815

DIVISION C—IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE, IMMIGRATION, JUVENILE JUSTICE, AND

INTELLECTUAL PROPERTY AND ANTITRUST LAWS

TITLE I—CRIMINAL JUSTICE, CIVIL

JUSTICE, AND IMMIGRATION

Subtitle A—General Improvements

SEC. 11001. 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.

Law Enforcement

Tribute Act.

42 USC 15208.

116 STAT. 1816 PUBLIC LAW 107–273—NOV. 2, 2002

(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.’’.

42 USC 3714.

Deadline.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1817

SEC. 11005. DANGER PAY FOR FBI AGENTS.

Section 151 of the Foreign Relations Act, fiscal years 1990

and 1991 (5 U.S.C. 5928 note), is amended by inserting ‘‘or Federal

Bureau of Investigation’’ after ‘‘Drug Enforcement Administration’’.

SEC. 11006. POLICE CORPS.

Subtitle A of title XX of the Violent Crime Control and Law

Enforcement Act of 1994, the Police Corps Act (42 U.S.C. 14091

et seq.), is amended— (1) 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 200110(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

42 USC 14101.

42 USC 14100.

42 USC 14099.

42 USC 14097.

42 USC 14095.

116 STAT. 1818 PUBLIC LAW 107–273—NOV. 2, 2002

(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 FED- ERAL 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

18 USC 111 note.

Federal Judiciary

Protection Act of

2002.

42 USC 2210

note.

Deadline.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1819

is addressed to a United States judge, a Federal law enforcement officer, or an official who is covered by section 1114,

the individual shall be fined under this title, imprisoned not

more than 10 years, or both.’’.

(e) AMENDMENT OF THE SENTENCING GUIDELINES FOR ASSAULTS

AND THREATS AGAINST FEDERAL JUDGES AND CERTAIN OTHER FED- ERAL 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;

James Guelff and

Chris McCurley

Body Armor Act

of 2002.

42 USC 3796ll–3.

28 USC 994 note.

116 STAT. 1820 PUBLIC LAW 107–273—NOV. 2, 2002

(4) recent incidents, such as the murder of San Francisco

Police Officer James Guelff by an assailant wearing 2 layers

of body armor, a 1997 bank shoot out in north Hollywood,

California, between police and 2 heavily armed suspects outfitted in body armor, and the 1997 murder of Captain Chris

McCurley of the Etowah County, Alabama Drug Task Force

by a drug dealer shielded by protective body armor, demonstrate

the serious threat to community safety posed by criminals

who wear body armor during the commission of a violent crime;

(5) of the approximately 1,500 officers killed in the line

of duty since 1980, more than 30 percent could have been

saved by body armor, and the risk of dying from gunfire is

14 times higher for an officer without a bulletproof vest;

(6) the Department of Justice has estimated that 25 percent

of State and local police are not issued body armor;

(7) the Federal Government is well-equipped to grant local

police departments access to body armor that is no longer

needed by Federal agencies; and

(8) Congress has the power, under the interstate commerce

clause and other provisions of the Constitution of the United

States, to enact legislation to regulate interstate commerce

that affects the integrity and safety of our communities.

(c) DEFINITIONS.—In this section:

(1) BODY ARMOR.—The term ‘‘body armor’’ means any

product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect

against gunfire, regardless of whether the product is to be

worn alone or is sold as a complement to another product

or garment.

(2) LAW ENFORCEMENT AGENCY.—The term ‘‘law enforcement agency’’ means an agency of the United States, a State,

or a political subdivision of a State, authorized by law or

by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation

of criminal law.

(3) LAW ENFORCEMENT OFFICER.—The term ‘‘law enforcement officer’’ means any officer, agent, or employee of the

United States, a State, or a political subdivision of a State,

authorized by law or by a government agency to engage in

or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.

(d) AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT

TO BODY ARMOR.—

(1) IN GENERAL.—Pursuant to its authority under section

994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission,

as appropriate, to provide an appropriate sentencing enhancement for any crime of violence (as defined in section 16 of

title 18, United States Code) or drug trafficking crime (as

defined in section 924(c) of title 18, United States Code)

(including a crime of violence or drug trafficking crime that

provides for an enhanced punishment if committed by the use

of a deadly or dangerous weapon or device) in which the defendant used body armor.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1821

(2) SENSE OF CONGRESS.—It is the sense of Congress that

any sentencing enhancement under this subsection should be

at least 2 levels.

(e) PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY

ARMOR BY VIOLENT FELONS.—

(1) DEFINITION OF BODY ARMOR.—Section 921(a) of title

18, United States Code, is amended by adding at the end

the following:

‘‘(35) The term ‘body armor’ means any product sold or

offered for sale, in interstate or foreign commerce, as personal

protective body covering intended to protect against gunfire,

regardless of whether the product is to be worn alone or is

sold as a complement to another product or garment.’’.

(2) PROHIBITION.—

(A) IN GENERAL.—Chapter 44 of title 18, United States

Code, is amended by adding at the end the following:

‘‘§ 931. Prohibition on purchase, ownership, or possession

of body armor by violent felons

‘‘(a) IN GENERAL.—Except as provided in subsection (b), it shall

be unlawful for a person to purchase, own, or possess body armor,

if that person has been convicted of a felony that is—

‘‘(1) a crime of violence (as defined in section 16); or

‘‘(2) an offense under State law that would constitute a

crime of violence under paragraph (1) if it occurred within

the special maritime and territorial jurisdiction of the United

States.

‘‘(b) AFFIRMATIVE DEFENSE.—

‘‘(1) IN GENERAL.—It shall be an affirmative defense under

this section that—

‘‘(A) the defendant obtained prior written certification

from his or her employer that the defendant’s purchase,

use, or possession of body armor was necessary for the

safe performance of lawful business activity; and

‘‘(B) the use and possession by the defendant were

limited to the course of such performance.

‘‘(2) EMPLOYER.—In this subsection, the term ‘employer’

means any other individual employed by the defendant’s business that supervises defendant’s activity. If that defendant

has no supervisor, prior written certification is acceptable from

any other employee of the business.’’.

(B) CLERICAL AMENDMENT.—The analysis for chapter

44 of title 18, United States Code, is amended by adding

at the end the following:

‘‘931. Prohibition on purchase, ownership, or possession of body armor by violent felons.’’.

(3) PENALTIES.—Section 924(a) of title 18, United States

Code, is amended by adding at the end the following:

‘‘(7) Whoever knowingly violates section 931 shall be fined

under this title, imprisoned not more than 3 years, or both.’’.

(f) DONATION OF FEDERAL SURPLUS BODY ARMOR.—

(1) DEFINITIONS.—In this subsection, the terms ‘‘Federal

agency’’ and ‘‘surplus property’’ have the meanings given such

terms under section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472).

116 STAT. 1822 PUBLIC LAW 107–273—NOV. 2, 2002

(2) DONATION OF BODY ARMOR.—Notwithstanding section

203 of the Federal Property and Administrative Services Act

of 1949 (40 U.S.C. 484), the head of a Federal agency may

donate body armor directly to any State or local law enforcement agency, if such body armor—

(A) is in serviceable condition;

(B) is surplus property; and

(C) meets or exceeds the requirements of National

Institute of Justice Standard 0101.03 (as in effect on the

date of enactment of this Act).

(3) NOTICE TO ADMINISTRATOR.—The head of a Federal

agency who donates body armor under this subsection shall

submit to the Administrator of General Services a written

notice identifying the amount of body armor donated and each

State or local law enforcement agency that received the body

armor.

(4) DONATION BY CERTAIN OFFICERS.—

(A) DEPARTMENT OF JUSTICE.—In the administration

of this subsection with respect to the Department of Justice,

in addition to any other officer of the Department of Justice

designated by the Attorney General, the following officers

may act as the head of a Federal agency:

(i) The Administrator of the Drug Enforcement

Administration.

(ii) The Director of the Federal Bureau of Investigation.

(iii) The Commissioner of the Immigration and

Naturalization Service.

(iv) The Director of the United States Marshals

Service.

(B) DEPARTMENT OF THE TREASURY.—In the administration of this subsection with respect to the Department

of the Treasury, in addition to any other officer of the

Department of the Treasury designated by the Secretary

of the Treasury, the following officers may act as the head

of a Federal agency:

(i) The Director of the Bureau of Alcohol, Tobacco,

and Firearms.

(ii) The Commissioner of Customs.

(iii) The Director of the United States Secret

Service.

(5) NO LIABILITY.—Notwithstanding any other provision of

law, the United States shall not be liable for any harm occurring

in connection with the use or misuse of any body armor donated

under this subsection.

SEC. 11010. PERSONS AUTHORIZED TO SERVE SEARCH WARRANT.

Section 2703 of title 18, United States Code, is amended by

adding at the end the following:

‘‘(g) PRESENCE OF OFFICER NOT REQUIRED.—Notwithstanding

section 3105 of this title, the presence of an officer shall not be

required for service or execution of a search warrant issued in

accordance with this chapter requiring disclosure by a provider

of electronic communications service or remote computing service

of the contents of communications or records or other information

pertaining to a subscriber to or customer of such service.’’.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1823

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 2 years after the date of enactment

of this Act, the Attorney General shall submit to the Committees

on the Judiciary of the Senate and the House of Representatives—

(1) a report detailing the results of the study conducted

under subsection (a) with findings that address—

(A) the number of offenders with mental illness

released from the prison or jail who qualify for medicaid,

SSI, or SSDI;

(B) the number of offenders with mental illness who

qualify for medicaid, SSI, or SSDI benefits and who are

enrolled in these programs upon release from prison or

jail; and

(C) how enrollment in medicaid, SSI, or SSDI affects—

(i) rearrest;

(ii) violation of condition(s) of release;

(iii) reincarceration;

(iv) rehospitalization;

(v) the length of time upon release from prison

or jail time to the first contact with a mental health

or substance abuse service; and

(vi) the number of contacts with a mental health

or substance abuse services within the first 90 days

of release; and

(2) any recommendations.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

such sums as necessary to conduct the study and issue the report

required by this section.

SEC. 11012. TECHNICAL AMENDMENT TO OMNIBUS CRIME CONTROL

ACT.

Section 802(b) of the Omnibus Crime Control and Safe Streets

Act of 1968 is amended 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. 28 USC 527 note.

28 USC 527 note.

42 USC 3783.

Deadline.

42 USC 3796ii

note.

116 STAT. 1824 PUBLIC LAW 107–273—NOV. 2, 2002

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 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

Deadline.

Deadline.

18 USC 4202

note.

Deadline.

28 USC 519 note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1825

for the most effective and cost-efficient assignment of responsibilities relating to the supervised release of District of Columbia

offenders.

(c) SERVICE AS COMMISSIONER.—Notwithstanding subsection

(a), the final clause of the fourth sentence of section 4202 of title

18, United States Code, which begins ‘‘except that’’, shall not apply

to a person serving as a Commissioner of the United States Parole

Commission when this Act takes effect.

SEC. 11018. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT

WITH RESPECT TO INTERNATIONAL MEDICAL GRADUATES.

(a) INCREASE IN NUMERICAL LIMITATION ON WAIVERS

REQUESTED BY STATES.—Section 214(l)(1)(B) of the Immigration

and Nationality Act (8 U.S.C. 1184(l)(1)(B)) is amended by striking

‘‘20;’’ and inserting ‘‘30;’’. (b) EXTENSION OF DEADLINE.—Section 220(c) of the Immigration

and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182

note) is amended by striking ‘‘2002.’’ and inserting ‘‘2004.’’.

(c) TECHNICAL CORRECTION.—Section 212(e) of the Immigration

and Nationality Act (8 U.S.C. 1182(e)) is amended by striking

‘‘214(k):’’ and inserting ‘‘214(l):’’.

(d) EFFECTIVE DATE.—The 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 must give to the defendant a written summary of any testimony that the government intends to

use under Rules 702, 703, or 705 of the Federal Rules

of Evidence during its case-in-chief at trial. If the government requests discovery under subdivision (b)(1)(C)(ii) and

the defendant complies, the government must, at the

defendant’s request, give to the defendant a written summary of testimony that the government intends to use

under Rules 702, 703, or 705 of the Federal Rules of Evidence as evidence at trial on the issue of the defendant’s

mental condition. The summary provided under this

subparagraph must describe the witness’s opinions, the

bases and reasons for those opinions, and the witness’s

qualifications.’’; and

(2) in subdivision (b)(1), by amending subparagraph (C)

to read as follows:

‘‘(C) EXPERT WITNESSES.—The defendant must, at the

government’s request, give to the government a written

summary of any testimony that the defendant intends to

18 USC app.

28 USC 2074

note.

8 USC 1182 note.

116 STAT. 1826 PUBLIC LAW 107–273—NOV. 2, 2002

use under Rules 702, 703, or 705 of the Federal Rules

of Evidence as evidence at trial, if— ‘‘(i) the defendant requests disclosure under subdivision (a)(1)(G) and the government complies; or

‘‘(ii) the defendant has given notice under Rule

12.2(b) of an intent to present expert testimony on

the defendant’s mental condition.

This summary must describe the witness’s opinions, the

bases and reasons for those opinions, and the witness’s

qualifications’’.

(c) EFFECTIVE DATE.—The 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:

‘‘§ 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

28 USC 1 note.

Multiparty,

Multiforum Trial

Jurisdiction Act

of 2002.

18 USC app.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1827

deemed to be a resident of any State in which it is incorporated

or licensed to do business or is doing business;

‘‘(3) the term ‘injury’ means—

‘‘(A) physical harm to a natural person; and

‘‘(B) physical damage to or destruction of tangible property, but only if physical harm described in subparagraph

(A) exists;

‘‘(4) the term ‘accident’ means a sudden accident, or a

natural event culminating in an accident, that results in death

incurred at a discrete location by at least 75 natural persons;

and

‘‘(5) the term ‘State’ includes the District of Columbia,

the Commonwealth of Puerto Rico, and any territory or possession of the United States.

‘‘(d) INTERVENING PARTIES.—In any action in a district court

which is or could have been brought, in whole or in part, under

this section, any person with a claim arising from the accident

described in subsection (a) shall be permitted to intervene as a

party plaintiff in the action, even if that person could not have

brought an action in a district court as an original matter.

‘‘(e) NOTIFICATION OF JUDICIAL PANEL ON MULTIDISTRICT

LITIGATION.—A district court in which an action under this section

is pending shall promptly notify the judicial panel on multidistrict

litigation of the pendency of the action.’’.

(B) CONFORMING AMENDMENT.—The table of sections

at the beginning of chapter 85 of title 28, United States

Code, is amended by adding at the end the following new

item:

‘‘1369. Multiparty, multiforum jurisdiction.’’.

(2) VENUE.—Section 1391 of title 28, United States Code,

is amended by adding at the end the following:

‘‘(g) A civil action in which jurisdiction of the district court

is based upon section 1369 of this title may be brought in any

district in which any defendant resides or in which a substantial

part of the accident giving rise to the action took place.’’.

(3) REMOVAL OF ACTIONS.—Section 1441 of title 28, United

States Code, is amended—

(A) in subsection (e) by striking ‘‘(e) The court to which

such civil action is removed’’ and inserting ‘‘(f) The court

to which a civil action is removed under this section’’;

and

(B) by inserting after subsection (d) the following new

subsection:

‘‘(e)(1) Notwithstanding the provisions of subsection (b) of this

section, a defendant in a civil action in a State court may remove

the action to the district court of the United States for the district

and division embracing the place where the action is pending if—

‘‘(A) the action could have been brought in a United States

district court under section 1369 of this title; or

‘‘(B) the defendant is a party to an action which is or

could have been brought, in whole or in part, under section

1369 in a United States district court and arises from the

same accident as the action in State court, even if the action

to be removed could not have been brought in a district court

as an original matter.

116 STAT. 1828 PUBLIC LAW 107–273—NOV. 2, 2002

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:

‘‘§ 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:

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1829

‘‘§ 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.

Deadline.

27 USC 124.

28 USC 1369

note.

116 STAT. 1830 PUBLIC LAW 107–273—NOV. 2, 2002

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:

‘‘§ 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.

Deadline.

28 USC 532 note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1831

‘‘(2) DUTIES.—The FBI police shall perform such duties

as the Director may prescribe in connection with the protection

of persons and property within FBI buildings and grounds. ‘‘(3) UNIFORMED REPRESENTATIVE.—The Director, or designated representative duly authorized by the Attorney General, may appoint uniformed representatives of the Federal

Bureau of Investigation as FBI police for duty in connection

with the policing of all FBI buildings and grounds. ‘‘(4) AUTHORITY.— ‘‘(A) IN GENERAL.—In accordance with regulations prescribed by the Director and approved by the Attorney General, the FBI police may— ‘‘(i) police the FBI buildings and grounds for the

purpose of protecting persons and property; ‘‘(ii) in the performance of duties necessary for

carrying out subparagraph (A), make arrests and otherwise enforce the laws of the United States, including

the laws of the District of Columbia; ‘‘(iii) carry firearms as may be required for the

performance of duties; ‘‘(iv) prevent breaches of the peace and suppress

affrays and unlawful assemblies; and ‘‘(v) hold the same powers as sheriffs and constables when policing FBI buildings and grounds.

‘‘(B) EXCEPTION.—The authority and policing powers

of FBI police under this paragraph shall not include the

service of civil process.

‘‘(5) PAY AND BENEFITS.—

‘‘(A) IN GENERAL.—The rates of basic pay, salary

schedule, pay provisions, and benefits for members of the

FBI police shall be equivalent to the rates of basic pay,

salary schedule, pay provisions, and benefits applicable

to members of the United States Secret Service Uniformed

Division.

‘‘(B) APPLICATION.—Pay and benefits for the FBI police

under subparagraph (A)—

‘‘(i) shall be established by regulation;

‘‘(ii) shall apply with respect to pay periods beginning after January 1, 2003; and

‘‘(iii) shall not result in any decrease in the rates

of pay or benefits of any individual.

‘‘(c) AUTHORITY OF METROPOLITAN POLICE FORCE.—This section

does not affect the authority of the Metropolitan Police Force of

the District of Columbia with respect to FBI buildings and

grounds.’’.

(b) CONFORMING AMENDMENT.—The table of sections at the

beginning of chapter 33 of title 28, United States Code, is amended

by adding at the end the following new item:

‘‘540C. FBI police.’’.

SEC. 11025. REPORT ON FBI INFORMATION MANAGEMENT AND TECHNOLOGY.

(a) IN GENERAL.—Not 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

Deadline.

116 STAT. 1832 PUBLIC LAW 107–273—NOV. 2, 2002

Bureau of Investigation including recommendations for any legislation that may be necessary to enhance the effectiveness of those

programs.

(b) CONTENTS OF REPORT.—The report submitted under subsection (a) shall provide—

(1) an analysis and evaluation of whether authority for

waiver of any provision of procurement law (including any

regulation implementing such a law) is necessary to expeditiously and cost-effectively acquire information technology to

meet the unique needs of the Federal Bureau of Investigation

to improve its investigative operations in order to respond

better to national law enforcement, intelligence, and counterintelligence requirements;

(2) the results of the studies and audits conducted by

the Strategic Management Council and the Inspector General

of the Department of Justice to evaluate the information

management and technology programs of the Federal Bureau

of Investigation, including systems, policies, procedures, practices, and operations; and

(3) a plan for improving the information management and

technology programs of the Federal Bureau of Investigation.

(c) RESULTS.—The results provided under subsection (b)(2) shall

include an evaluation of—

(1) information technology procedures and practices

regarding procurement, training, and systems maintenance;

(2) record keeping policies, procedures, and practices of

the Federal Bureau of Investigation, focusing particularly on

how information is inputted, stored, managed, utilized, and

shared within the Federal Bureau of Investigation;

(3) how information in a given database is related or compared to, or integrated with, information in other technology

databases within the Federal Bureau of Investigation;

(4) the effectiveness of the existing information technology

infrastructure of the Federal Bureau of Investigation in supporting and accomplishing the overall mission of the Federal

Bureau of Investigation;

(5) the management of information technology projects of

the Federal Bureau of Investigation, focusing on how the Federal Bureau of Investigation—

(A) selects its information technology projects;

(B) ensures that projects under development deliver

benefits; and

(C) ensures that completed projects deliver the

expected results; and

(6) the security and access control techniques for classified

and sensitive but unclassified information systems in the Federal Bureau of Investigation.

(d) CONTENTS OF PLAN.—The plan provided under subsection

(b)(3) shall include consideration of, among other things—

(1) to what extent appropriate key technology management

positions in the Federal Bureau of Investigation should be

filled by personnel with experience in the commercial sector;

(2) how access to the most sensitive information can be

audited in such a manner that suspicious activity is subject

to near contemporaneous security review;

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1833

(3) how critical information systems can employ a public

key infrastructure to validate both users and recipients of messages or records;

(4) how security features can be tested to meet national

information systems security standards;

(5) which employees in the Federal Bureau of Investigation

should receive instruction in records and information management policies and procedures relevant to their positions and

how frequently they should receive that instruction;

(6) whether and to what extent a reserve should be established for research and development to guide strategic information management and technology investment decisions;

(7) whether administrative requirements for software purchases under $2,000,000 are necessary and could be eliminated;

(8) whether the Federal Bureau of Investigation should

contract with an expert technology partner to provide technical

support for the information technology procurement for the

Federal Bureau of Investigation;

(9) whether procedures should be implemented to permit

procurement of products and services through contracts of other

agencies, as necessary; and

(10) whether a systems integration and test center should

be established, with the participation of field personnel, to

test each series of information systems upgrades or application

changes before their operational deployment to confirm that

they meet proper requirements.

SEC. 11026. GAO REPORT ON CRIME STATISTICS REPORTING.

(a) IN GENERAL.—Not 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;

Deadline.

116 STAT. 1834 PUBLIC LAW 107–273—NOV. 2, 2002

(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 ‘‘CrimeFree 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.

42 USC 3797y–2.

42 USC 3797y–1.

42 USC 3797y.

42 USC 3711

note.

Crime-Free Rural

States Act of

2002.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1835

‘‘(d) CONSULTATION.—The rural State shall form a State crime

free communities commission that includes representatives of State

and local government, and community leaders who will provide

advice and recommendations on relevant community goals and

objectives, and performance targets and measures.

‘‘SEC. 2988. 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.

15 USC 1226.

42 USC 3797y–4.

42 USC 3797y–3.

116 STAT. 1836 PUBLIC LAW 107–273—NOV. 2, 2002

(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:

8 USC 1101 note.

Posthumous

Citizenship

Restoration Act

of 2002.

28 USC 95 note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1837

‘‘(b) EXTENSION OF H–1B WORKER STATUS.—The Attorney General shall extend the stay of an alien who qualifies for an exemption

under subsection (a) in one-year increments until such time as

a final decision is made— ‘‘(1) to deny the application described in subsection (a)(1),

or, in a case in which such application is granted, to deny

a petition described in subsection (a)(2) filed on behalf of the

alien pursuant to such grant; ‘‘(2) to deny the petition described in subsection (a)(2);

or ‘‘(3) to grant or deny the alien’s application for an

immigrant visa or for adjustment of status to that of an alien

lawfully admitted for permanent residence.’’.

SEC. 11030B. APPLICATION FOR NATURALIZATION BY ALTERNATIVE

APPLICANT IF CITIZEN PARENT HAS DIED.

Section 322(a) of the Immigration and Nationality Act (8 U.S.C.

1433(a)) is amended— (1) in the matter preceding paragraph (1)— (A) by inserting ‘‘(or, if the citizen parent has died

during the preceding 5 years, a citizen grandparent or

citizen legal guardian)’’ after ‘‘citizen of the United States’’;

and

(B) by striking ‘‘such parent’’ and inserting ‘‘such

applicant’’;

(2) in paragraph (1), by inserting ‘‘(or, at the time of his

or her death, was)’’ after ‘‘parent’’;

(3) in paragraph (2)— (A) in subparagraph (A), by inserting ‘‘(or, at the time

of his or her death, had)’’ after ‘‘has’’; and

(B) in subparagraph (B), by inserting ‘‘(or, at the time

of his or her death, had)’’ after ‘‘has’’ the first place such

term appears;

(4) by amending paragraph (4), to read as follows:

‘‘(4) The child is residing outside of the United States

in the legal and physical custody of the applicant (or, if the

citizen parent is deceased, an individual who does not object

to the application).’’; and

(5) by adding at the end the following:

‘‘(5) The child is temporarily present in the United States

pursuant to a lawful admission, and is maintaining such lawful

status.’’.

Subtitle B—EB–5 Amendments

CHAPTER 1—IMMIGRATION BENEFITS

SEC. 11031. 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—

8 USC 1186b

note.

116 STAT. 1838 PUBLIC LAW 107–273—NOV. 2, 2002

(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).

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1839

(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)

Deadline.

116 STAT. 1840 PUBLIC LAW 107–273—NOV. 2, 2002

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 DETERMINA- TIONS.—(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.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1841

1252(a)(1)). During the period in which an administrative or judicial appeal under this clause is pending,

the Attorney General shall continue the conditional

basis of the alien’s permanent resident status (and

that of the alien’s spouse and children if it was obtained

under section 216A of the Immigration and Nationality

Act (8 U.S.C. 1186b)).

(2) SECOND DETERMINATION.—

(A) AUTHORIZATION TO CONSIDER INVESTMENTS IN

OTHER COMMERCIAL ENTERPRISES.—In determining under

this paragraph whether to remove a conditional basis

continued under paragraph (1)(F)(ii) with respect to an

alien, the Attorney General shall consider any capital

investment made by the alien in a commercial enterprise

(regardless of whether such enterprise is a limited partnership and regardless of whether the alien entered the enterprise after its formation), in the United States, regardless

of whether that investment was made before or after the

determinations under paragraph (1) and regardless of

whether the commercial enterprise is the same as that

considered in the determinations under such paragraph,

if facts and information with respect to the investment

and the enterprise are included in the petition submitted

under subparagraph (B).

(B) PETITION.—In order for a conditional basis continued under paragraph (1)(F)(ii) for an eligible alien (and

the alien’s spouse and children) to be removed, the alien

must submit to the Attorney General, during the period

described in subparagraph (C), a petition which requests

the removal of such conditional basis and which states,

under penalty of perjury, the facts and information

described in subparagraphs (A) and (B) of section

216A(d)(1) of the Immigration and Nationality Act (8 U.S.C.

1186b(d)(1)) with respect to any commercial enterprise

(regardless of whether such enterprise is a limited partnership and regardless of whether the alien entered the enterprise after its formation) which the alien desires to have

considered under this paragraph, regardless of whether

such enterprise was created before or after the determinations made under paragraph (1).

(C) PERIOD FOR FILING PETITION.—

(i) 90-DAY PERIOD BEFORE SECOND ANNIVERSARY.—

Except as provided in clause (ii), the petition under

subparagraph (B) must be filed during the 90-day

period before the second anniversary of the continuation, under paragraph (1)(F)(ii), of the conditional

basis of the alien’s lawful admission for permanent

residence.

(ii) DATE PETITIONS FOR GOOD CAUSE.—Such a petition may be considered if filed after such date, but

only if the alien establishes to the satisfaction of the

Attorney General good cause and extenuating circumstances for failure to file the petition during the

period described in clause (i).

(D) TERMINATION OF PERMANENT RESIDENT STATUS FOR

FAILURE TO FILE PETITION.—

116 STAT. 1842 PUBLIC LAW 107–273—NOV. 2, 2002

(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

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1843

respect to the eligible alien under paragraph

(1)(A)(iii); and

(II) if the Attorney General determined under

paragraph (1)(A)(iii) that any capital amount was

invested that could be credited towards compliance

with the capital investment requirement described

in section 216A(d)(1)(B) of the Immigration and

Nationality Act (8 U.S.C. 1186b(d)(1)(B)), such

amount shall be subtracted from the amount of

capital otherwise needed to satisfy the requirement

of this clause.

(F) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE

DETERMINATION.—If the Attorney General renders an

affirmative determination with respect to clauses (ii) and

(iii) of subparagraph (E), and if the Attorney General renders a negative determination with respect to clause (i)

of such subparagraph, the Attorney General shall so notify

the alien involved and shall remove the conditional basis

of the alien’s status (and that of the alien’s spouse and

children if it was obtained under section 216A of the

Immigration and Nationality Act (8 U.S.C. 1186b)) effective

as of the second anniversary of the continuation, under

paragraph (1)(F)(ii), of the conditional basis of the alien’s

lawful admission for permanent residence.

(G) REQUIREMENTS RELATING TO ADVERSE DETERMINATIONS.—

(i) NOTICE.—If the Attorney General renders an

adverse determination under subparagraph (E), the

Attorney General shall so notify the alien involved.

The notice shall be in writing and shall state the

factual basis for any adverse determination. The

Attorney General shall provide the alien with an opportunity to submit evidence to rebut any adverse determination. If the Attorney General reverses all adverse

determinations pursuant to such rebuttal, the Attorney

General shall so notify the alien involved and shall

remove the conditional basis of the alien’s status (and

that of the alien’s spouse and children if it was obtained

under section 216A of the Immigration and Nationality

Act (8 U.S.C. 1186b)) effective as of the second anniversary of the continuation, under paragraph (1)(F)(ii),

of the conditional basis of the alien’s lawful admission

for permanent residence.

(ii) TERMINATION IF ADVERSE DETERMINATION.—If

the eligible alien’s rebuttal does not cause the Attorney

General to reverse each adverse determination under

subparagraph (E), the Attorney General shall so notify

the alien involved and, subject to subsection (d), shall

terminate the permanent resident status of the alien

(and that of the alien’s spouse and children if it was

obtained on a conditional basis under section 216A

of the Immigration and Nationality Act (8 U.S.C.

1186b)).

(d) HEARING IN REMOVAL PROCEEDING.—Any alien whose

permanent resident status is terminated under paragraph (1)(F)(iii)

116 STAT. 1844 PUBLIC LAW 107–273—NOV. 2, 2002

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—

8 USC 1186b

note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1845

(i) failed to satisfy section 203(b)(5)(A)(ii) of the

Immigration and Nationality Act (8 U.S.C.

1153(b)(5)(A)(ii)); or

(ii) departed the United States without advance

parole.

(B) APPLICANTS ABROAD.—In the case of an eligible

alien who filed an application for adjustment of status

described in subsection (b)(2), but who is no longer physically present in the United States, the Attorney General

shall establish a process under which the alien may be

paroled into the United States if necessary in order to

obtain adjustment of status under this section.

(d) RECORDATION OF DATE; REDUCTION OF NUMBERS.—Upon

the approval of an application under subsection (a), the Attorney

General shall record the alien’s lawful admission for permanent

residence on a conditional basis as of the date of such approval

and the Secretary of State shall reduce by one the number of

visas authorized to be issued under sections 201(d) and 203(b)(5)

of the Immigration and Nationality Act (8 U.S.C. 1151(d) and

1153(b)(5)) for the fiscal year then current.

(e) REMOVAL OF CONDITIONAL BASIS.—

(1) PETITION.—In order for a conditional basis established

under this section for an alien (and the alien’s spouse and

children) to be removed, the alien must satisfy the requirements

of section 216A(c)(1) of the Immigration and Nationality Act

(8 U.S.C. 1186b(c)(1)), including the submission of a petition

in accordance with subparagraph (A) of such section. Such

petition may include the facts and information described in

subparagraphs (A) and (B) of section 216A(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)) with respect

to any commercial enterprise (regardless of whether such enterprise is a limited partnership and regardless of whether the

alien entered the enterprise after its formation) in the United

States in which the alien has made a capital investment at

any time.

(2) DETERMINATION.—In 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

Deadline.

116 STAT. 1846 PUBLIC LAW 107–273—NOV. 2, 2002

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’’.

8 USC 1186b

note.

Deadline.

8 USC 1186b

note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1847

(b) CONDITIONAL PERMANENT RESIDENT STATUS FOR ALIEN

ENTREPRENEURS, SPOUSES, AND CHILDREN.—Section 216A of the

Immigration and Nationality Act (8 U.S.C. 1186b) is amended—

(1) in subsection (b)(1)—

(A) in subparagraph (A) by striking ‘‘establishment

of’’ and inserting ‘‘investment in’’; and

(B) by amending subparagraph (B) to read as follows:

‘‘(B)(i) the alien did not invest, or was not actively

in the process of investing, the requisite capital; or

‘‘(ii) the alien was not sustaining the actions described

in clause (i) throughout the period of the alien’s residence

in the United States; or’’;

(2) by amending subsection (d)(1) to read as follows:

‘‘(1) CONTENTS OF PETITION.—Each petition under subsection (c)(1)(A) shall contain facts and information demonstrating that the alien—

‘‘(A)(i) invested, or is actively in the process of

investing, the requisite capital; and

‘‘(ii) sustained the actions described in clause (i)

throughout the period of the alien’s residence in the United

States; and

‘‘(B) is otherwise conforming to the requirements of

section 203(b)(5).’’; and

(3) by adding at the end of subsection (f) the following:

‘‘(3) The term ‘commercial enterprise’ includes a limited

partnership.’’.

(c) EFFECTIVE DATE.—The 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

8 USC 1153 note.

116 STAT. 1848 PUBLIC LAW 107–273—NOV. 2, 2002

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.

‘‘§ 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.

28 USC 1 note.

Judicial

Improvements

Act of 2002.

8 USC 1153 note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1849

‘‘(b) IDENTIFYING COMPLAINT BY CHIEF JUDGE.—In the interests

of the effective and expeditious administration of the business of

the courts and on the basis of information available to the chief

judge of the circuit, the chief judge may, by written order stating

reasons therefor, identify a complaint for purposes of this chapter

and thereby dispense with filing of a written complaint.

‘‘(c) TRANSMITTAL OF COMPLAINT.—Upon receipt of a complaint

filed under subsection (a), the clerk shall promptly transmit the

complaint to the chief judge of the circuit, or, if the conduct complained of is that of the chief judge, to that circuit judge in regular

active service next senior in date of commission (hereafter, for

purposes of this chapter only, included in the term ‘chief judge’).

The clerk shall simultaneously transmit a copy of the complaint

to the judge whose conduct is the subject of the complaint. The

clerk shall also transmit a copy of any complaint identified under

subsection (b) to the judge whose conduct is the subject of the

complaint.

‘‘(d) DEFINITIONS.—In this chapter—

‘‘(1) the term ‘judge’ means a circuit judge, district judge,

bankruptcy judge, or magistrate judge; and

‘‘(2) the term ‘complainant’ means the person filing a complaint under subsection (a) of this section.

‘‘§ 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

116 STAT. 1850 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘(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.

‘‘§ 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.

‘‘§ 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;

Reports.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1851

‘‘(B) may dismiss the complaint; and

‘‘(C) if the complaint is not dismissed, shall take such

action as is appropriate to assure the effective and expeditious administration of the business of the courts within

the circuit.

‘‘(2) DESCRIPTION OF POSSIBLE ACTIONS IF COMPLAINT NOT

DISMISSED.—‘‘(A) IN GENERAL.—Action by the judicial council under

paragraph (1)(C) may include— ‘‘(i) ordering that, on a temporary basis for a time

certain, no further cases be assigned to the judge whose

conduct is the subject of a complaint; ‘‘(ii) censuring or reprimanding such judge by

means of private communication; and ‘‘(iii) censuring or reprimanding such judge by

means of public announcement.

‘‘(B) FOR ARTICLE III JUDGES.—If the conduct of a judge

appointed to hold office during good behavior is the subject

of the complaint, action by the judicial council under paragraph (1)(C) may include—

‘‘(i) certifying disability of the judge pursuant to

the procedures and standards provided under section

372(b); and

‘‘(ii) requesting that the judge voluntarily retire,

with the provision that the length of service requirements under section 371 of this title shall not apply.

‘‘(C) FOR MAGISTRATE JUDGES.—If the conduct of a magistrate judge is the subject of the complaint, action by

the judicial council under paragraph (1)(C) may include

directing the chief judge of the district of the magistrate

judge to take such action as the judicial council considers

appropriate.

‘‘(3) LIMITATIONS ON JUDICIAL COUNCIL REGARDING

REMOVALS.—

‘‘(A) ARTICLE III JUDGES.—Under no circumstances may

the judicial council order removal from office of any judge

appointed to hold office during good behavior.

‘‘(B) MAGISTRATE AND BANKRUPTCY JUDGES.—Any

removal of a magistrate judge under this subsection shall

be in accordance with section 631 and any removal of

a bankruptcy judge shall be in accordance with section

152.

‘‘(4) NOTICE OF ACTION TO JUDGE.—The judicial council

shall immediately provide written notice to the complainant

and to the judge whose conduct is the subject of the complaint

of the action taken under this subsection.

‘‘(b) REFERRAL TO JUDICIAL CONFERENCE.—

‘‘(1) IN GENERAL.—In addition to the authority granted

under subsection (a), the judicial council may, in its discretion,

refer any complaint under section 351, together with the record

of any associated proceedings and its recommendations for

appropriate action, to the Judicial Conference of the United

States.

‘‘(2) SPECIAL CIRCUMSTANCES.—In any case in which the

judicial council determines, on the basis of a complaint and

an investigation under this chapter, or on the basis of information otherwise available to the judicial council, that a judge

116 STAT. 1852 PUBLIC LAW 107–273—NOV. 2, 2002

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.

‘‘§ 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.

‘‘§ 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.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1853

‘‘§ 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.

‘‘§ 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.

‘‘§ 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.

Notice.

116 STAT. 1854 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘§ 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.

‘‘§ 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.

‘‘§ 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.

‘‘§ 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

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1855

court shall have the powers granted to a judicial council under

this chapter.

‘‘§ 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

116 STAT. 1856 PUBLIC LAW 107–273—NOV. 2, 2002

(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.

President.

15 USC 1 note.

Antitrust

Modernization

Commission Act

of 2002.

28 USC 351 note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1857

The President shall appoint members of the opposing party

only on the recommendation of the leaders of Congress from

that party.

(2) Two members shall be appointed by the majority leader

of the Senate.

(3) Two members shall be appointed by the minority leader

of the Senate.

(4) Two members shall be appointed by the Speaker of

the House of Representatives.

(5) Two members shall be appointed by the minority leader

of the House of Representatives.

(b) INELIGIBILITY FOR APPOINTMENT.—Members of Congress

shall be ineligible for appointment to the Commission.

(c) TERM OF APPOINTMENT.— (1) IN GENERAL.—Subject to paragraph (2), members of

the Commission shall be appointed for the life of the Commission.

(2) EARLY TERMINATION OF APPOINTMENT.—If a member

of the Commission who is appointed to the Commission as—

(A) an officer or employee of a government ceases to

be an officer or employee of such government; or

(B) an individual who is not an officer or employee

of a government becomes an officer or employee of a government;

then such member shall cease to be a member of the Commission on the expiration of the 90-day period beginning on the

date such member ceases to be such officer or employee of

such government, or becomes an officer or employee of a government, as the case may be.

(d) QUORUM.—Seven members of the Commission shall constitute a quorum, but a lesser number may conduct meetings.

(e) APPOINTMENT DEADLINE.—Initial appointments under subsection (a) shall be made not later than 60 days after the date

of enactment of this Act.

(f) MEETINGS.—The Commission shall meet at the call of the

chairperson. The first meeting of the Commission shall be held

not later than 30 days after the date on which all members of

the Commission are first appointed under subsection (a) or funds

are appropriated to carry out this subtitle, whichever occurs later.

(g) VACANCY.—A vacancy on the Commission shall be filled

in the same manner as the initial appointment is made.

(h) CONSULTATION BEFORE APPOINTMENT.—Before appointing

members of the Commission, the President, the majority and

minority leaders of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall consult with each other to ensure fair and equitable

representation of various points of view in the Commission.

(i) CHAIRPERSON; VICE CHAIRPERSON.—The 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

President.

116 STAT. 1858 PUBLIC LAW 107–273—NOV. 2, 2002

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

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1859

basis, to assist the Commission in carrying out its duties under

this subtitle.

(d) EXPENDITURES AND CONTRACTS.—The Commission or, on

authorization of the Commission, a member of the Commission

may make expenditures and enter into contracts for the procurement of such supplies, services, and property as the Commission

or such member considers to be appropriate for the purpose of

carrying out the duties of the Commission. Such expenditures and

contracts may be made only to such extent or in such amounts

as are provided in advance in appropriation Acts.

(e) MAILS.—The Commission may use the United States mails

in the same manner and under the same conditions as other departments and agencies of the United States.

(f) GIFTS, BEQUESTS, AND DEVISES.—The Commission may

accept, use, and dispose of gifts, bequests, or devises of services

or property, both real and personal, for the purpose of aiding

or facilitating the work of the Commission. Gifts, bequests, or

devises of money and proceeds from sales of other property received

as gifts, bequests, or devises shall be deposited in the Treasury

and shall be available for disbursement upon order of the Commission.

SEC. 11058. REPORT.

Not 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:

42 USC 3711

note.

Consequences for

Juvenile

Offenders Act of

2002.

Deadline.

116 STAT. 1860 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘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;

42 USC 3796ee.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1861

‘‘(13) establishing and maintaining accountability-based

programs that are designed to enhance school safety; ‘‘(14) establishing and maintaining restorative justice programs; ‘‘(15) establishing and maintaining programs to enable juvenile courts and juvenile probation officers to be more effective

and efficient in holding juvenile offenders accountable and

reducing recidivism; or ‘‘(16) hiring detention and corrections personnel, and establishing and maintaining training programs for such personnel

to improve facility practices and programming.

‘‘(c) DEFINITION.—In this section the term ‘restorative justice

program’ means a program that emphasizes the moral accountability of an offender toward the victim and the affected community

and may include community reparations boards, restitution (in

the form of monetary payment or service to the victim or, where

no victim can be identified, service to the affected community),

and mediation between victim and offender.

‘‘SEC. 1801A. 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 (d).

‘‘(b) LOCAL ELIGIBILITY.—

42 USC

3796ee–2.

42 USC

3796ee–1.

116 STAT. 1862 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘(1) SUBGRANT ELIGIBILITY.—To be eligible to receive a

subgrant, a unit of local government, other than a specially

qualified unit, shall provide to the State— ‘‘(A) information about—

‘‘(i) the activities proposed to be carried out with

such subgrant; and

‘‘(ii) the criteria by which the unit proposes to

assess the effectiveness of such activities on achieving

the purposes of this part; and

‘‘(B) such assurances as the State shall require, that,

to the maximum extent applicable, the unit of local government has in effect (or shall have in effect, not later than

1 year after the date that the unit submits such application)

laws, or has implemented (or shall implement, not later

than 1 year after the date that the unit submits such

application) policies and programs, that provide for a

system of graduated sanctions described in subsection (d).

‘‘(2) SPECIAL RULE.—The requirements of paragraph (1)

shall apply to a specially qualified unit that receives funds

from the Attorney General under section 1803(e), except that

information that is otherwise required to be submitted to the

State shall be submitted to the Attorney General.

‘‘(c) ROLE OF COURTS.—In the development of the grant application, the States and units of local governments shall take into

consideration the needs of the judicial branch in strengthening

the juvenile justice system and specifically seek the advice of the

chief of the highest court of the State and where appropriate,

the chief judge of the local court, with respect to the application.

‘‘(d) GRADUATED SANCTIONS.—A system of graduated sanctions,

which may be discretionary as provided in subsection (e), shall

ensure, at a minimum, that—

‘‘(1) sanctions are imposed on a juvenile offender for each

delinquent offense;

‘‘(2) sanctions escalate in intensity with each subsequent,

more serious delinquent offense; ‘‘(3) there is sufficient flexibility to allow for individualized

sanctions and services suited to the individual juvenile offender;

and

‘‘(4) appropriate consideration is given to public safety and

victims of crime.

‘‘(e) DISCRETIONARY USE OF SANCTIONS.—

‘‘(1) VOLUNTARY PARTICIPATION.—A State or unit of local

government may be eligible to receive a grant under this part

if—

‘‘(A) its system of graduated sanctions is discretionary;

and

‘‘(B) it demonstrates that it has promoted the use of

a system of graduated sanctions by taking steps to encourage implementation of such a system by juvenile courts.

‘‘(2) REPORTING REQUIREMENT IF GRADUATED SANCTIONS

NOT USED.—

‘‘(A) JUVENILE COURTS.—A State or unit of local government in which the imposition of graduated sanctions is

discretionary shall require each juvenile court within its

jurisdiction—

‘‘(i) which has not implemented a system of graduated sanctions, to submit an annual report that

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1863

explains why such court did not implement graduated

sanctions; and

‘‘(ii) which has implemented a system of graduated

sanctions but has not imposed graduated sanctions

in all cases, to submit an annual report that explains

why such court did not impose graduated sanctions

in all cases.

‘‘(B) UNITS OF LOCAL GOVERNMENT.—Each unit of local

government, other than a specially qualified unit, that

has 1 or more juvenile courts that use a discretionary

system of graduated sanctions shall collect the information

reported under subparagraph (A) for submission to the

State each year.

‘‘(C) STATES.—Each State and specially qualified unit

that has 1 or more juvenile courts that use a discretionary

system of graduated sanctions shall collect the information

reported under subparagraph (A) for submission to the

Attorney General each year. A State shall also collect and

submit to the Attorney General the information collected

under subparagraph (B).

‘‘(f) DEFINITIONS.—In this section:

‘‘(1) DISCRETIONARY.—The term ‘discretionary’ means that

a system of graduated sanctions is not required to be imposed

by each and every juvenile court in a State or unit of local

government.

‘‘(2) SANCTIONS.—The term ‘sanctions’ means tangible,

proportional consequences that hold the juvenile offender

accountable for the offense committed. A sanction may include

counseling, restitution, community service, a fine, supervised

probation, or confinement.

‘‘SEC. 1803. 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.

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116 STAT. 1864 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘(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 allo- cated less than $10,000 for a payment period, the amount allotted

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1865

shall be expended by the State on services to units of local government whose allotment is less than such amount in a manner consistent with this part. ‘‘(e) DIRECT GRANTS TO SPECIALLY QUALIFIED UNITS.— ‘‘(1) IN GENERAL.—If a State does not qualify or apply

for funds reserved for allocation under subsection (a) by the

application deadline established by the Attorney General, the

Attorney General shall reserve not more than 75 percent of

the allocation that the State would have received under subsection (a) for such fiscal year to provide grants to specially

qualified units which meet the requirements for funding under

section 1802. ‘‘(2) AWARD BASIS.—In addition to the qualification requirements for direct grants for specially qualified units the Attorney

General may use the average amount allocated by the States

to units of local government as a basis for awarding grants

under this section.

‘‘SEC. 1804. 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

Deadlines.

42 USC

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42 USC

3796ee–4.

116 STAT. 1866 PUBLIC LAW 107–273—NOV. 2, 2002

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.

42 USC

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42 USC

3796ee–6.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1867

‘‘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 120 days after

the last day of each fiscal year for which 1 or more grants are

awarded under this part, the Attorney General shall submit to

Congress a report, which shall include—

‘‘(1) a summary of the information provided under subsection (a);

‘‘(2) an assessment by the Attorney General of the grant

program carried out under this part; and

‘‘(3) such other information as the Attorney General considers appropriate.

‘‘SEC. 1809. 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;

42 USC

3796ee–9.

Deadline.

42 USC

3796ee–8.

116 STAT. 1868 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘(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;

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PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1869

‘‘(B) not more than 2 percent of that amount, for

training and technical assistance; and ‘‘(C) not more than 1 percent, for administrative costs

to carry out the purposes of this part.

‘‘(2) OVERSIGHT PLAN.—The Attorney General shall establish and execute an oversight plan for monitoring the activities

of grant recipients.

‘‘(c) TRIBAL SET-ASIDE.—Of the amounts appropriated under

subsection (a), 2 percent shall be made available for programs

that receive grants under section 1801A.’’. (b) EFFECTIVE DATE.—The 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.

42 USC 5601

note.

Juvenile Justice

and Delinquency

Prevention Act of

2002.

42 USC 3796ee

note.

116 STAT. 1870 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘(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.’’.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1871

SEC. 12203. PURPOSE.

Section 102 of the Juvenile Justice and Delinquency Prevention

Act of 1974 (42 U.S.C. 5602) is amended to read as follows:

‘‘PURPOSES

‘‘SEC. 102. The purposes of this title and title II are— ‘‘(1) to support State and local programs that prevent juvenile involvement in delinquent behavior; ‘‘(2) to assist State and local governments in promoting

public safety by encouraging accountability for acts of juvenile

delinquency; and ‘‘(3) to assist State and local governments in addressing

juvenile crime through the provision of technical assistance,

research, training, evaluation, and the dissemination of

information on effective programs for combating juvenile delinquency.’’.

SEC. 12204. DEFINITIONS.

Section 103 of the Juvenile Justice and Delinquency Prevention

Act of 1974 (42 U.S.C. 5603) is amended— (1) in paragraph (3) by striking ‘‘to help prevent juvenile

delinquency’’ and inserting ‘‘designed to reduce known risk

factors for juvenile delinquent behavior, provides activities that

build on protective factors for, and develop competencies in,

juveniles to prevent, and reduce the rate of, delinquent juvenile

behavior’’, (2) in paragraph (4) by inserting ‘‘title I of’’ before ‘‘the

Omnibus’’ each place it appears,

(3) in paragraph (7) by striking ‘‘the Trust Territory of

the Pacific Islands,’’, (4) in paragraph (12)(B) by striking ‘‘, of any nonoffender,’’, (5) in paragraph (13)(B) by striking ‘‘, any nonoffender,’’, (6) in paragraph (14) by inserting ‘‘drug trafficking,’’ after ‘‘assault,’’, (7) in paragraph (16)— (A) in subparagraph (A) by adding ‘‘and’’ at the end,

and

(B) by striking subparagraph (C),

(8) in paragraph (22)— (A) by redesignating subparagraphs (i), (ii), and (iii)

as subparagraphs (A), (B), and (C), respectively, and

(B) by striking ‘‘and’’ at the end,

(9) in paragraph (23) by striking the period at the end

and inserting a semicolon, and

(10) by adding at the end the following:

‘‘(24) the term ‘graduated sanctions’ means an accountability-based, graduated series of sanctions (including incentives, treatment, and services) applicable to juveniles within

the juvenile justice system to hold such juveniles accountable

for their actions and to protect communities from the effects

of juvenile delinquency by providing appropriate sanctions for

every act for which a juvenile is adjudicated delinquent, by

inducing their law-abiding behavior, and by preventing their

subsequent involvement with the juvenile justice system;

‘‘(25) the term ‘contact’ means the degree of interaction

allowed between juvenile offenders in a secure custody status

and incarcerated adults under section 31.303(d)(1)(i) of title

116 STAT. 1872 PUBLIC LAW 107–273—NOV. 2, 2002

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:

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1873

‘‘(4) An evaluation of the programs funded under this title

and their effectiveness in reducing the incidence of juvenile

delinquency, particularly violent crime, committed by juveniles.’’.

SEC. 12208. ALLOCATION.

Section 222 of the Juvenile Justice and Delinquency Prevention

Act of 1974 (42 U.S.C. 5632) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking ‘‘(other than parts D and E)’’, (II) by striking ‘‘amount, up to $400,000,’’ and

inserting ‘‘amount up to $400,000’’, (III) by striking ‘‘1992’’ the 1st place it appears

and inserting ‘‘2000,’’, (IV) by striking ‘‘1992’’ the last place it appears

and inserting ‘‘2000’’, (V) by striking ‘‘the Trust Territory of the

Pacific Islands,’’, and

(VI) by striking ‘‘amount, up to $100,000,’’ and

inserting ‘‘amount up to $100,000’’, (ii) in subparagraph (B)— (I) by striking ‘‘(other than part D)’’, (II) by striking ‘‘$400,000’’ and inserting ‘‘$600,000’’, (III) by striking ‘‘or such greater amount, up to $600,000’’ and all that follows through ‘‘section

299(a) (1) and (3)’’, (IV) by striking ‘‘the Trust Territory of the

Pacific Islands,’’, (V) by striking ‘‘amount, up to $100,000,’’ and

inserting ‘‘amount up to $100,000’’, and

(VI) by striking ‘‘1992’’ and inserting ‘‘2000,’’, (B) in paragraph (3)— (i) by striking ‘‘allot’’ and inserting ‘‘allocate’’, and

(ii) by striking ‘‘1992’’ each place it appears and

inserting ‘‘2000’’, and

(2) in subsection (b) by striking ‘‘the Trust Territory of

the Pacific Islands,’’.

SEC. 12209. STATE PLANS.

Section 223 of the Juvenile Justice and Delinquency Prevention

Act of 1974 (42 U.S.C. 5633) is amended— (1) in subsection (a)— (A) in the 2d sentence by striking ‘‘and challenge’’ and all that follows through ‘‘part E’’, and inserting ‘‘, projects, and activities’’, (B) in paragraph (3)—

(i) by striking ‘‘, which—’’ and inserting ‘‘that—

’’,

(ii) in subparagraph (A)(i) by striking ‘‘or the

administration of juvenile justice’’ and inserting ‘‘, the

administration of juvenile justice, or the reduction of

juvenile delinquency’’, and

(iii) in subparagraph (D)—

(I) in clause (i) by inserting ‘‘and’’ at the end,

and

116 STAT. 1874 PUBLIC LAW 107–273—NOV. 2, 2002

(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

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1875

to their families, in order to reduce the likelihood that

such juvenile offenders will commit subsequent violations

of law;’’,

(iii) in subparagraph (E)—

(I) by redesignating clause (ii) as clause (iii),

and

(II) by striking ‘‘juveniles, provided’’ and all

that follows through ‘‘provides; and’’, and inserting

the following:

‘‘juveniles—

‘‘(i) to encourage juveniles to remain in elementary

and secondary schools or in alternative learning situations;

‘‘(ii) to provide services to assist juveniles in

making the transition to the world of work and selfsufficiency; 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;’’,

116 STAT. 1876 PUBLIC LAW 107–273—NOV. 2, 2002

(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 followup 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

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1877

‘‘(B) there is in effect in the State a policy that requires

individuals who work with both such juveniles and such

adult inmates, including in collocated facilities, have been

trained and certified to work with juveniles;’’,

(K) by amending paragraph (14) to read as follows:

‘‘(14) provide that no juvenile will be detained or confined

in any jail or lockup for adults except—

‘‘(A) juveniles who are accused of nonstatus offenses

and who are detained in such jail or lockup for a period

not to exceed 6 hours—

‘‘(i) for processing or release;

‘‘(ii) while awaiting transfer to a juvenile facility;

or

‘‘(iii) in which period such juveniles make a court

appearance;

and only if such juveniles do not have contact with adult

inmates and only if there is in effect in the State a policy

that requires individuals who work with both such juveniles

and adult inmates in collocated facilities have been trained

and certified to work with juveniles;

‘‘(B) juveniles who are accused of nonstatus offenses,

who are awaiting an initial court appearance that will

occur within 48 hours after being taken into custody

(excluding Saturdays, Sundays, and legal holidays), and

who are detained in a jail or lockup—

‘‘(i) in which—

‘‘(I) such juveniles do not have contact with

adult inmates; and

‘‘(II) there is in effect in the State a policy

that requires individuals who work with both such

juveniles and adults inmates in collocated facilities

have been trained and certified to work with juveniles; and

‘‘(ii) that—

‘‘(I) is located outside a metropolitan statistical

area (as defined by the Office of Management and

Budget) and has no existing acceptable alternative

placement available;

‘‘(II) is located where conditions of distance

to be traveled or the lack of highway, road, or

transportation do not allow for court appearances

within 48 hours (excluding Saturdays, Sundays,

and legal holidays) so that a brief (not to exceed

an additional 48 hours) delay is excusable; or

‘‘(III) is located where conditions of safety exist

(such as severe adverse, life-threatening weather

conditions that do not allow for reasonably safe

travel), in which case the time for an appearance

may be delayed until 24 hours after the time that

such conditions allow for reasonable safe travel;’’;

(L) in paragraph (15)—

(i) by striking ‘‘paragraph (12)(A), paragraph (13),

and paragraph (14)’’ and inserting ‘‘paragraphs (11),

(12), and (13)’’, and

(ii) by striking ‘‘paragraph (12)(A) and paragraph

(13)’’ and inserting ‘‘paragraphs (11) and (12)’’,

116 STAT. 1878 PUBLIC LAW 107–273—NOV. 2, 2002

(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—

Deadline.

Deadline.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1879

‘‘(i) such representative shall submit an assessment to the court that issued such order, regarding

the immediate needs of such juvenile; and ‘‘(ii) such court shall conduct a hearing to

determine—

‘‘(I) whether there is reasonable cause to

believe that such juvenile violated such order; and

‘‘(II) the appropriate placement of such juvenile pending disposition of the violation alleged;’’,

(R) in paragraph (25)—

(i) by striking ‘‘1992’’ and inserting ‘‘2000’’, and

(ii) by striking the period at the end and inserting

a semicolon,

(S) by redesignating paragraphs (7) through (25) as

paragraphs (6) through (24), respectively, and

(T) by adding at the end the following:

‘‘(25) specify a percentage (if any), not to exceed 5 percent,

of funds received by the State under section 222 (other than

funds made available to the State advisory group under section

222(d)) that the State will reserve for expenditure by the State

to provide incentive grants to units of general local government

that reduce the caseload of probation officers within such units;

‘‘(26) provide that the State, to the maximum extent practicable, will implement a system to ensure that if a juvenile

is before a court in the juvenile justice system, public child

welfare records (including child protective services records)

relating to such juvenile that are on file in the geographical

area under the jurisdiction of such court will be made known

to such court;

‘‘(27) establish policies and systems to incorporate relevant

child protective services records into juvenile justice records

for purposes of establishing and implementing treatment plans

for juvenile offenders; and

‘‘(28) provide assurances that juvenile offenders whose

placement is funded through section 472 of the Social Security

Act (42 U.S.C. 672) receive the protections specified in section

471 of such Act (42 U.S.C. 671), including a case plan and

case plan review as defined in section 475 of such Act (42

U.S.C. 675).’’,

(2) by amending subsection (c) to read as follows:

‘‘(c) If a State fails to comply with any of the applicable requirements of paragraphs (11), (12), (13), and (22) of subsection (a)

in any fiscal year beginning after September 30, 2001, then—

‘‘(1) subject to paragraph (2), the amount allocated to such

State under section 222 for the subsequent fiscal year shall

be reduced by not less than 20 percent for each such paragraph

with respect to which the failure occurs, and

‘‘(2) the State shall be ineligible to receive any allocation

under such section for such fiscal year unless—

‘‘(A) the State agrees to expend 50 percent of the

amount allocated to the State for such fiscal year to achieve

compliance with any such paragraph with respect to which

the State is in noncompliance; or

‘‘(B) the Administrator determines that the State—

‘‘(i) has achieved substantial compliance with such

applicable requirements with respect to which the

State was not in compliance; and

116 STAT. 1880 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘(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

42 USC 5651.

42 USC 5667g—

5667g–5.

42 USC 5651

et seq.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1881

entities to carry out projects designed to prevent juvenile delinquency, including— ‘‘(1) projects that provide treatment (including treatment

for mental health problems) to juvenile offenders, and juveniles

who are at risk of becoming juvenile offenders, who are victims

of child abuse or neglect or who have experienced violence

in their homes, at school, or in the community, and to their

families, in order to reduce the likelihood that such juveniles

will commit violations of law;

‘‘(2) educational projects or supportive services for delinquent or other juveniles—

‘‘(A) to encourage juveniles to remain in elementary

and secondary schools or in alternative learning situations

in educational settings;

‘‘(B) to provide services to assist juveniles in making

the transition to the world of work and self-sufficiency;

‘‘(C) to assist in identifying learning difficulties

(including learning disabilities);

‘‘(D) to prevent unwarranted and arbitrary suspensions

and expulsions;

‘‘(E) to encourage new approaches and techniques with

respect to the prevention of school violence and vandalism;

‘‘(F) which assist law enforcement personnel and juvenile justice personnel to more effectively recognize and

provide for learning-disabled and other juveniles with

disabilities;

‘‘(G) which develop locally coordinated policies and programs among education, juvenile justice, and social service

agencies; or

‘‘(H) to provide services to juveniles with serious mental

and emotional disturbances (SED) in need of mental health

services;

‘‘(3) projects which expand the use of probation officers—

‘‘(A) particularly for the purpose of permitting nonviolent juvenile offenders (including status offenders) to

remain at home with their families as an alternative to

incarceration or institutionalization; and

‘‘(B) to ensure that juveniles follow the terms of their

probation;

‘‘(4) counseling, training, and mentoring programs, which

may be in support of academic tutoring, vocational and technical training, and drug and violence prevention counseling,

that are designed to link at-risk juveniles, juvenile offenders,

or juveniles who have a parent or legal guardian who is or

was incarcerated in a Federal, State, or local correctional

facility or who is otherwise under the jurisdiction of a Federal,

State, or local criminal justice system, particularly juveniles

residing in low-income and high-crime areas and juveniles

experiencing educational failure, with responsible individuals

(such as law enforcement officers, Department of Defense personnel, individuals working with local businesses, and individuals working with community-based and faith-based organizations and agencies) who are properly screened and trained;

‘‘(5) community-based projects and services (including literacy and social service programs) which work with juvenile

offenders and juveniles who are at risk of becoming juvenile

offenders, including those from families with limited EnglishVerDate 11-MAY-2000 17:32 Nov 07, 2002 Jkt 019139 PO 00273 Frm 00125 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL273.107 APPS24 PsN: PUBL273
116 STAT. 1882 PUBLIC LAW 107–273—NOV. 2, 2002

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;

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1883

‘‘(15) programs that focus on the needs of young girls atrisk 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

116 STAT. 1884 PUBLIC LAW 107–273—NOV. 2, 2002

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

42 USC 5653.

42 USC 5652.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1885

to such application submitted in subsequent fiscal years, that

satisfy the requirements of subsection (a). ‘‘(2) LIMITATION.—The Administrator may not approve such

application (including amendments to such application) for a

fiscal year unless— ‘‘(A)(i) the State submitted a plan under section 223

for such fiscal year; and ‘‘(ii) such plan is approved by the Administrator for

such fiscal year; or ‘‘(B) the Administrator waives the application of

subparagraph (A) to such State for such fiscal year, after

finding good cause for such a waiver.

‘‘SEC. 244. 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.

42 USC 5655.

42 USC 5654.

116 STAT. 1886 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘(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

42 USC 5656.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1887

‘‘(B) the population and the entities that will be served

by projects proposed to be carried out with the grant for

which the application is submitted. ‘‘(c) GRANT PROCESS.— ‘‘(1) SELECTION OF GRANT RECIPIENTS.— ‘‘(A) SELECTION REQUIREMENTS.—Except as provided

in paragraph (2), the Administrator shall— ‘‘(i) make grants under this section on a competitive basis; and ‘‘(ii) specify in writing to each applicant selected

to receive a grant under this section, the terms and

conditions on which such grant is made to such

applicant.

‘‘(B) PERIOD OF GRANT.—A grant made under this section shall be available for expenditure during a 2–year

period.

‘‘(2) EXCEPTION.—If—

‘‘(A) in the 2-year period for which a grant made under

this section shall be expended, the recipient of such grant

applies to receive a subsequent grant under this section;

and

‘‘(B) the Administrator determines that such recipient

performed during the year preceding the 2–year period

for which such recipient applies to receive such subsequent

grant satisfactorily and in accordance with the terms and

conditions applicable to the grant received;

then the Administrator may waive the application of the competition-based requirement specified in paragraph (1)(A)(i) and

may allow the applicant to incorporate by reference in the

current application the text of the plan contained in the recipient’s most recent application previously approved under this

section.

‘‘(3) AUTHORITY TO MODIFY APPLICATION PROCESS FOR SUBSEQUENT GRANTS.—The Administrator may modify by rule the

operation of subsection (a) with respect to the submission and

contents of applications for subsequent grants described in

paragraph (2).

‘‘(d) REPORTING REQUIREMENT.—Each Indian tribe that receives

a grant under this section shall be subject to the fiscal accountability

provisions of section 5(f)(1) of the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to the

submission of a single-agency audit report required by chapter

75 of title 31, United States Code.

‘‘(e) MATCHING REQUIREMENT.—(1) Funds appropriated for the

activities of any agency of an Indian tribal government or the

Bureau of Indian Affairs performing law enforcement functions

on any Indian lands may be used to provide the non-Federal share

of any program or project with a matching requirement funded

under this section.

‘‘(2) Paragraph (1) shall not apply with respect to funds appropriated before the date of the enactment of the Juvenile Justice

and Delinquency Prevention Act of 2002.

‘‘(3) If the Administrator determines that an Indian tribe does

not have sufficient funds available to meet the non-Federal share

of the cost of any program or activity to be funded under the

grant, the Administrator may increase the Federal share of the

cost thereof to the extent the Administrator deems necessary.’’.

116 STAT. 1888 PUBLIC LAW 107–273—NOV. 2, 2002

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

42 USC 5661.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1889

‘‘(xi) other purposes consistent with the purposes of

this title and title I. ‘‘(2) The Administrator shall ensure that an equitable amount

of funds available to carry out paragraph (1)(B) is used for research

and evaluation relating to the prevention of juvenile delinquency.

‘‘(3) Nothing in this subsection shall be construed to permit

the development of a national database of personally identifiable

information on individuals involved in studies, or in data-collection

efforts, carried out under paragraph (1)(B)(x).

‘‘(4) Not later than 1 year after the date of enactment of

this paragraph,the Administrator shall conduct a study with respect

to juveniles who, prior to placement in the juvenile justice system,

were under the care or custody of the State child welfare system,

and to juveniles who are unable to return to their family after

completing their disposition in the juvenile justice system and who

remain wards of the State. Such study shall include—

‘‘(A) the number of juveniles in each category;

‘‘(B) the extent to which State juvenile justice systems

and child welfare systems are coordinating services and treatment for such juveniles;

‘‘(C) the Federal and local sources of funds used for placements and post-placement services;

‘‘(D) barriers faced by State in providing services to these

juveniles;

‘‘(E) the types of post-placement services used;

‘‘(F) the frequency of case plans and case plan reviews;

and

‘‘(G) the extent to which case plans identify and address

permanency and placement barriers and treatment plans.

‘‘(b) STATISTICAL ANALYSES.—The Administrator may—

‘‘(1) plan and identify the purposes and goals of all agreements carried out with funds provided under this subsection;

and

‘‘(2) undertake statistical work in juvenile justice matters,

for the purpose of providing for the collection, analysis, and

dissemination of statistical data and information relating to

juvenile delinquency and serious crimes committed by juveniles,

to the juvenile justice system, to juvenile violence, and to other

purposes consistent with the purposes of this title and title

I.

‘‘(c) GRANT AUTHORITY AND COMPETITIVE SELECTION PROCESS.—

The Administrator may make grants and enter into contracts with

public or private agencies, organizations, or individuals and shall

use a competitive process, established by rule by the Administrator,

to carry out subsections (a) and (b).

‘‘(d) IMPLEMENTATION OF AGREEMENTS.—A Federal agency that

makes an agreement under subsections (a)(1)(B) and (b)(2) with

the Administrator may carry out such agreement directly or by

making grants to or contracts with public and private agencies,

institutions, and organizations.

‘‘(e) INFORMATION DISSEMINATION.—The Administrator may— ‘‘(1) review reports and data relating to the juvenile justice

system in the United States and in foreign nations (as appropriate), collect data and information from studies and research

into all aspects of juvenile delinquency (including the causes,

prevention, and treatment of juvenile delinquency) and serious

crimes committed by juveniles;

116 STAT. 1890 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘(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

42 USC 5662.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1891

alleged or adjudicated delinquent and who, as a result of such

status, are placed in secure detention or confinement or in nonsecure residential placements.’’.

SEC. 12212. DEMONSTRATION PROJECTS.

Title II of the Juvenile Justice and Delinquency Prevention

Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting

after part D, as added by section 12511, the following:

‘‘PART E—DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW INITIATIVES

AND PROGRAMS

‘‘SEC. 261. 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:

42 USC 5668.

42 USC 5667.

42 USC 5666.

42 USC 5665.

116 STAT. 1892 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘(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

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1893

‘‘(B) otherwise complies with the Interstate Compact

on the Placement of Children as entered into by such

other State.’’.

SEC. 12216. LIMITATIONS ON USE OF FUNDS.

Part F of title II of the Juvenile Justice and Delinquency

Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated

by section 12510, is amended adding at the end the following:

‘‘SEC. 299F. 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:

42 USC 5680.

42 USC 5679.

42 USC 5678.

42 USC 5677.

116 STAT. 1894 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘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;

42 USC 5782.

42 USC 5781

note.

42 USC 5601

note.

Incentive Grants

for Local

Delinquency

Prevention

Programs Act of

2002.

42 USC 13023.

42 USC 13013.

42 USC 13003.

42 USC 13002.

42 USC 5675.

42 USC 5631.

42 USC 5612.

42 USC 5681.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1895

‘‘(2) make such arrangements as are necessary and appropriate to facilitate coordination and policy development among

all activities funded through the Department of Justice relating

to delinquency prevention (including the preparation of an

annual comprehensive plan for facilitating such coordination

and policy development);

‘‘(3) provide adequate staff and resources necessary to properly carry out this title; and

‘‘(4) 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

42 USC 5783.

Deadline.

116 STAT. 1896 PUBLIC LAW 107–273—NOV. 2, 2002

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 inkind 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

42 USC 5601

note.

42 USC 5781

note.

42 USC 5784.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1897

(ii) by inserting after ‘‘official detention’’ the following: ‘‘which may include a term of juvenile delinquent supervision to follow detention’’; and

(B) by inserting after the second sentence the following:

‘‘In addition, the court may enter an order of restitution

pursuant to section 3556.’’;

(2) in subsection (b)—

(A) by striking the last sentence; and

(B) by adding at the end the following:

‘‘The provisions dealing with probation set forth in sections 3563

and 3564 are applicable to an order placing a juvenile on probation.

If the juvenile violates a condition of probation at any time prior

to the expiration or termination of the term of probation, the court

may, after a dispositional hearing and after considering any pertinent policy statements promulgated by the Sentencing Commission

pursuant to section 994 of title 28, revoke the term of probation

and order a term of official detention. The term of official detention

authorized upon revocation of probation shall not exceed the terms

authorized in section 5037(c)(2) (A) and (B). The application of

sections 5037(c)(2) (A) and (B) shall be determined based upon

the age of the juvenile at the time of the disposition of the revocation

proceeding. If a juvenile is over the age of 21 years old at the

time of the revocation proceeding, the mandatory revocation provisions of section 3565(b) are applicable. A disposition of a juvenile

who is over the age of 21 years shall be in accordance with the

provisions of section 5037(c)(2), except that in the case of a juvenile

who if convicted as an adult would be convicted of a Class A,

B, or C felony, no term of official detention may continue beyond

the juvenile’s 26th birthday, and in any other case, no term of

official detention may continue beyond the juvenile’s 24th birthday.

A term of official detention may include a term of juvenile delinquent supervision.’’;

(3) in subsection (c)(1)—

(A) in subparagraph (A), by striking ‘‘or’’;

(B) by redesignating subparagraph (B) as subparagraph (C); and

(C) by inserting after subparagraph (A) the following:

‘‘(B) the maximum of the guideline range, pursuant

to section 994 of title 28, applicable to an otherwise similarly situated adult defendant unless the court finds an

aggravating factor to warrant an upward departure from

the otherwise applicable guideline range; or’’;

(4) in subsection (c)(2)(A), by striking ‘‘five years; or’’ and

inserting: ‘‘the lesser of—

‘‘(i) five years; or

‘‘(ii) the maximum of the guideline range, pursuant

to section 994 of title 28, applicable to an otherwise

similarly situated adult defendant unless the court

finds an aggravating factor to warrant an upward

departure from the otherwise applicable guideline

range; or’’;

(5) in subsection (c)(2)(B)—

(A) in clause (i), by striking ‘‘or’’;

(B) by redesignating clause (ii) as clause (iii); and

(C) by inserting after clause (i) the following:

‘‘(ii) the maximum of the guideline range, pursuant

to section 994 of title 28, applicable to an otherwise

116 STAT. 1898 PUBLIC LAW 107–273—NOV. 2, 2002

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

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1899

would be convicted of a Class A, B, or C felony, no term of juvenile

delinquent supervision may continue beyond the juvenile’s 26th

birthday, and in any other case, no term of juvenile delinquent

supervision may continue beyond the juvenile’s 24th birthday.’’.

TITLE III—INTELLECTUAL PROPERTY

Subtitle A—Patent 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

Deadline.

35 USC 2 note.

Deadline.

35 USC 42 note.

Patent and

Trademark Office

Authorization

Act of 2002.

116 STAT. 1900 PUBLIC LAW 107–273—NOV. 2, 2002

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

35 USC 303 note.

Deadline.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1901

‘‘(2) may, subject to subsection (c), be a party to any appeal

taken by the patent owner under the provisions of section

134 or sections 141 through 144.’’. (b) APPEAL TO BOARD OF PATENT APPEALS AND INTER- FERENCES.—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 thirdparty 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 INTER- FERENCES.—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

35 USC 1 note.

Intellectual

Property and

High Technology

Technical

Amendments Act

of 2002.

35 USC 134 note.

116 STAT. 1902 PUBLIC LAW 107–273—NOV. 2, 2002

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:

35 USC 102. (1) Section 4505 is amended to read as follows:

Applicability.

35 USC 134 note.

35 USC 311–318.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1903

‘‘SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.

‘‘Section 102(e) of title 35, United States Code, is amended

to read as follows:

‘‘ ‘(e) the invention was described in (1) an application for patent,

published under section 122(b), by another filed in the United

States before the invention by the applicant for patent or (2) a

patent granted on an application for patent by another filed in

the United States before the invention by the applicant for patent,

except that an international application filed under the treaty

defined in section 351(a) shall have the effects for the purposes

of this subsection of an application filed in the United States

only if the international application designated the United States

and was published under Article 21(2) of such treaty in the English

language; or’. ’’.

(2) Section 4507 is amended—

(A) 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.’’.

35 USC 10 note.

35 USC 374.

35 USC 12.

35 USC 11.

35 USC 10.

116 STAT. 1904 PUBLIC LAW 107–273—NOV. 2, 2002

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—

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1905

(A) by striking ‘‘United States Code,’’; and

(B) by striking ‘‘5, United States Code.’’ and inserting

‘‘5.’’.

(13) Section 202 is amended—

(A) in subsection (b)(4), by striking ‘‘last paragraph

of section 203(2)’’ and inserting ‘‘section 203(b)’’; and

(B) in subsection (c)—

(i) in paragraph (4), by striking ‘‘rights;’’ and

inserting ‘‘rights,’’; and

(ii) in paragraph (5), by striking ‘‘of the United

States Code’’.

(14) Section 203 is amended—

(A) in paragraph (2)—

(i) by striking ‘‘(2)’’ and inserting ‘‘(b)’’;

(ii) by striking the quotation marks and comma

before ‘‘as appropriate’’; and

(iii) by striking ‘‘paragraphs (a) and (c)’’ and

inserting ‘‘paragraphs (1) and (3) of subsection (a)’’;

and

(B) in the first paragraph—

(i) by striking ‘‘(a)’’, ‘‘(b)’’, ‘‘(c)’’, and ‘‘(d)’’ and

inserting ‘‘(1)’’, ‘‘(2)’’, ‘‘(3)’’, and ‘‘(4)’’, respectively; and

(ii) by striking ‘‘(1.’’ and inserting ‘‘(a)’’.

(15) Section 209 is amended in subsections (d)(2) and (f),

by striking ‘‘of the United States Code’’.

(16) Section 210 is amended—

(A) in subsection (a)—

(i) in paragraph (11), by striking ‘‘5901’’ and

inserting ‘‘5908’’; and

(ii) in paragraph (20) by striking ‘‘178(j)’’ and

inserting ‘‘178j’’; and

(B) in subsection (c)—

(i) by striking ‘‘paragraph 202(c)(4)’’ and inserting

‘‘section 202(c)(4)’’; and

(ii) by striking ‘‘title..’’ and inserting ‘‘title.’’.

(17) The item relating to chapter 29 in the table of chapters

for part III is amended by inserting a comma after ‘‘Patent’’.

(18) The item relating to section 256 in the table of contents

for chapter 25 is amended to read as follows:

‘‘256. Correction of named inventor.’’.

(19) Section 294 is amended—

(A) in subsection (b), by striking ‘‘United States Code,’’;

and

(B) in subsection (c), in the second sentence by striking

‘‘court to’’ and inserting ‘‘court of’’.

(20) Section 371(d) is amended by adding at the end a

period.

(21) Paragraphs (1), (2), and (3) of section 376(a) are each

amended by striking the semicolon and inserting a period.

(b) OTHER AMENDMENTS.—

(1) Section 4732(a) of the Intellectual Property and Communications Omnibus Reform Act of 1999 is amended—

(A) in paragraph (9)(A)(ii), by inserting ‘‘in subsection

(b),’’ after ‘‘(ii)’’; and

35 USC 303.

116 STAT. 1906 PUBLIC LAW 107–273—NOV. 2, 2002

(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

35 USC 382.

35 USC 12.

35 USC 10.

35 USC 119.

35 USC 7 et seq.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1907

and address of a person resident in the United States on whom

may be served notices or process in proceedings affecting the mark,

such notices or process may be served on the Director.’’. (4) Section 9(c) (15 U.S.C. 1059(c)) is amended to read

as follows:

‘‘(c) If the registrant is not domiciled in the United States

the registrant may designate, by a document filed in the United

States Patent and Trademark Office, the name and address of

a person resident in the United States on whom may be served

notices or process in proceedings affecting the mark. Such notices

or process may be served upon the person so designated by leaving

with that person or mailing to that person a copy thereof at the

address specified in the last designation so filed. If the person

so designated cannot be found at the address given in the last

designation, or if the registrant does not designate by a document

filed in the United States Patent and Trademark Office the name

and address of a person resident in the United States on whom

may be served notices or process in proceedings affecting the mark,

such notices or process may be served on the Director.’’.

(5) Subsections (a) and (b) of section 10 (15 U.S.C. 1060(a)

and (b)) are amended to read as follows:

‘‘(a)(1) A registered mark or a mark for which an application

to register has been filed shall be assignable with the good will

of the business in which the mark is used, or with that part

of the good will of the business connected with the use of and

symbolized by the mark. Notwithstanding the preceding sentence,

no application to register a mark under section 1(b) shall be assignable prior to the filing of an amendment under section 1(c) to

bring the application into conformity with section 1(a) or the filing

of the verified statement of use under section 1(d), except for an

assignment to a successor to the business of the applicant, or

portion thereof, to which the mark pertains, if that business is

ongoing and existing.

‘‘(2) In any assignment authorized by this section, it shall

not be necessary to include the good will of the business connected

with the use of and symbolized by any other mark used in the

business or by the name or style under which the business is

conducted.

‘‘(3) Assignments shall be by instruments in writing duly

executed. Acknowledgment shall be prima facie evidence of the

execution of an assignment, and when the prescribed information

reporting the assignment is recorded in the United States Patent

and Trademark Office, the record shall be prima facie evidence

of execution.

‘‘(4) An assignment shall be void against any subsequent purchaser for valuable consideration without notice, unless the prescribed information reporting the assignment is recorded in the

United States Patent and Trademark Office within 3 months after

the date of the assignment or prior to the subsequent purchase.

‘‘(5) The United States Patent and Trademark Office shall

maintain a record of information on assignments, in such form

as may be prescribed by the Director.

‘‘(b) An assignee not domiciled in the United States may designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the

United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served

116 STAT. 1908 PUBLIC LAW 107–273—NOV. 2, 2002

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).

17 USC 119.

17 USC 119.

15 USC 1113

note.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1909

(B) Section 1011(b)(2)(A) is amended to read as follows: ‘‘(A) in paragraph (1), by striking ‘primary transmission

made by a superstation and embodying a performance or

display of a work’ and inserting ‘performance or display

of a work embodied in a primary transmission made by

a superstation or by the Public Broadcasting Service satellite feed’;’’.

SEC. 13210. AMENDMENTS TO TITLE 17, UNITED STATES CODE.

Title 17, United States Code, is amended as follows:

(1) Section 119(a)(6) is amended by striking ‘‘of performance’’ and inserting ‘‘of a performance’’. (2)(A) The section heading for section 122 is amended by

striking ‘‘rights; secondary’’ and inserting ‘‘rights: Secondary’’. (B) The item relating to section 122 in the table of contents

for chapter 1 is amended to read as follows:

‘‘122. Limitations on exclusive rights: Secondary transmissions by satellite carriers

within local markets.’’.

(3)(A) The section heading for section 121 is amended by

striking ‘‘reproduction’’ and inserting ‘‘Reproduction’’.

(B) The item relating to section 121 in the table of contents

for chapter 1 is amended by striking ‘‘reproduction’’ and

inserting ‘‘Reproduction’’.

(4)(A) Section 106 is amended by striking ‘‘107 through

121’’ and inserting ‘‘107 through 122’’.

(B) Section 501(a) is amended by striking ‘‘106 through

121’’ and inserting ‘‘106 through 122’’.

(C) Section 511(a) is amended by striking ‘‘106 through

121’’ and inserting ‘‘106 through 122’’.

(5) Section 101 is amended—

(A) by moving the definition of ‘‘computer program’’

so that it appears after the definition of ‘‘compilation’’;

and

(B) by moving the definition of ‘‘registration’’ so that

it appears after the definition of ‘‘publicly’’.

(6) Section 110(4)(B) is amended in the matter preceding

clause (i) by striking ‘‘conditions;’’ and inserting ‘‘conditions:’’.

(7) Section 118(b)(1) is amended in the second sentence

by striking ‘‘to it’’.

(8) Section 119(b)(1)(A) is amended—

(A) by striking ‘‘transmitted’’ and inserting ‘‘retransmitted’’; and

(B) by striking ‘‘transmissions’’ and inserting ‘‘retransmissions’’.

(9) Section 203(a)(2) is amended—

(A) in subparagraph (A)—

(i) by striking ‘‘(A) the’’ and inserting ‘‘(A) The’’;

and

(ii) by striking the semicolon at the end and

inserting a period;

(B) in subparagraph (B)—

(i) by striking ‘‘(B) the’’ and inserting ‘‘(B) The’’;

and

(ii) by striking the semicolon at the end and

inserting a period; and

116 STAT. 1910 PUBLIC LAW 107–273—NOV. 2, 2002

(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—

17 USC 101 note.

Technology,

Education, and

Copyright

Harmonization

Act of 2002.

15 USC 290e.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1911

‘‘(A) the performance or display is made by, at the

direction of, or under the actual supervision of an instructor

as an integral part of a class session offered as a regular

part of the systematic mediated instructional activities of

a governmental body or an accredited nonprofit educational

institution;

‘‘(B) the performance or display is directly related and

of material assistance to the teaching content of the transmission;

‘‘(C) the transmission is made solely for, and, to the

extent technologically feasible, the reception of such transmission is limited to—

‘‘(i) students officially enrolled in the course for

which the transmission is made; or

‘‘(ii) officers or employees of governmental bodies

as a part of their official duties or employment; and

‘‘(D) the transmitting body or institution—

‘‘(i) institutes policies regarding copyright, provides

informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States

relating to copyright, and provides notice to students

that materials used in connection with the course may

be subject to copyright protection; and

‘‘(ii) in the case of digital transmissions—

‘‘(I) applies technological measures that

reasonably prevent—

‘‘(aa) retention of the work in accessible

form by recipients of the transmission from

the transmitting body or institution for longer

than the class session; and

‘‘(bb) unauthorized further dissemination

of the work in accessible form by such recipients to others; and

‘‘(II) does not engage in conduct that could

reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further

dissemination;’’; and

(2) by adding at the end the following:

‘‘In paragraph (2), the term ‘mediated instructional activities’ with respect to the performance or display of a work

by digital transmission under this section refers to activities

that use such work as an integral part of the class experience,

controlled by or under the actual supervision of the instructor

and analogous to the type of performance or display that would

take place in a live classroom setting. The term does not refer

to activities that use, in 1 or more class sessions of a single

course, such works as textbooks, course packs, or other material

in any media, copies or phonorecords of which are typically

purchased or acquired by the students in higher education

for their independent use and retention or are typically purchased or acquired for elementary and secondary students for

their possession and independent use.

‘‘For purposes of paragraph (2), accreditation—

‘‘(A) with respect to an institution providing post-secondary education, shall be as determined by a regional

116 STAT. 1912 PUBLIC LAW 107–273—NOV. 2, 2002

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,

Deadline.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1913

the Undersecretary of Commerce for Intellectual Property, after

consultation with the Register of Copyrights, shall submit to

the Committees on the Judiciary of the Senate and the House

of Representatives a report describing technological protection

systems that have been implemented, are available for

implementation, or are proposed to be developed to protect

digitized copyrighted works and prevent infringement,

including upgradeable and self-repairing systems, and systems

that have been developed, are being developed, or are proposed

to be developed in private voluntary industry-led entities

through an open broad based consensus process. The report

submitted to the Committees shall not include any recommendations, comparisons, or comparative assessments of any

commercially available products that may be mentioned in the

report.

(2) LIMITATIONS.—The report under this subsection— (A) is intended solely to provide information to Congress; and

(B) shall not be construed to affect in any way, either

directly or by implication, any provision of title 17, United

States Code, including the requirements of clause (ii) of

section 110(2)(D) of that title (as added by this subtitle),

or the interpretation or application of such provisions,

including evaluation of the compliance with that clause

by any governmental body or nonprofit educational institution.

Subtitle D—Madrid 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

15 USC 1141.

15 USC 1051

note.

Madrid Protocol

Implementation

Act.

116 STAT. 1914 PUBLIC LAW 107–273—NOV. 2, 2002

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.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1915

‘‘(13) MADRID PROTOCOL.—The term ‘Madrid Protocol’ means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at

Madrid, Spain, on June 27, 1989. ‘‘(14) NOTIFICATION OF REFUSAL.—The term ‘notification

of refusal’ means the notice sent by the United States Patent

and Trademark Office to the International Bureau declaring

that an extension of protection cannot be granted. ‘‘(15) OFFICE OF A CONTRACTING PARTY.—The term ‘Office

of a Contracting Party’ means— ‘‘(A) the office, or governmental entity, of a Contracting

Party that is responsible for the registration of marks;

or ‘‘(B) the common office, or governmental entity, of more

than 1 Contracting Party that is responsible for the registration of marks and is so recognized by the International

Bureau.

‘‘(16) OFFICE OF ORIGIN.—The term ‘office of origin’ means

the Office of a Contracting Party with which a basic application

was filed or by which a basic registration was granted. ‘‘(17) OPPOSITION PERIOD.—The term ‘opposition period’ means the time allowed for filing an opposition in the United

States Patent and Trademark Office, including any extension

of time granted under section 13.

‘‘SEC. 61. 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

15 USC 1141c.

15 USC 1141b.

15 USC 1141a.

116 STAT. 1916 PUBLIC LAW 107–273—NOV. 2, 2002

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.

15 USC 1141f.

15 USC 1141e.

15 USC 1141d.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1917

‘‘(2) The date of recordal of the request for extension of

protection, if the request for extension of protection was made

after the international registration date. ‘‘(3) The date of priority claimed pursuant to section 67.

‘‘SEC. 67. 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

15 USC 1141h.

15 USC 1141g.

116 STAT. 1918 PUBLIC LAW 107–273—NOV. 2, 2002

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 REGISTRA- TION.—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

15 USC 1141j.

15 USC 1141i.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1919

any extension of protection to the United States with respect to

such goods and services as of the date on which the international

registration was canceled. ‘‘(b) EFFECT OF FAILURE TO RENEW INTERNATIONAL REGISTRA- TION.—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.

Deadline.

15 USC 1141k.

Deadline.

116 STAT. 1920 PUBLIC LAW 107–273—NOV. 2, 2002

‘‘(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

15 USC 1141

note.

15 USC 1141n.

15 USC 1141m.

15 USC 1141l.

PUBLIC LAW 107–273—NOV. 2, 2002 116 STAT. 1921

(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’’.

15 USC 8 note.

15 USC 15 note.

15 USC 1 note.

Antitrust

Technical

Corrections Act

of 2002.

116 STAT. 1922 PUBLIC LAW 107–273—NOV. 2, 2002

LEGISLATIVE HISTORY—H.R. 2215 (S. 1319):

HOUSE REPORTS: Nos. 107–125 (Comm. on the Judiciary) and 107–685 (Comm.

of Conference).

SENATE REPORTS: No. 107–96 accompanying S. 1319 (Comm. on the Judiciary).

CONGRESSIONAL RECORD:

Vol. 147 (2001): July 23, considered and passed House.

Dec. 20, considered and passed Senate, amended.

Vol. 148 (2002): Sept. 26, House agreed to conference report.

Oct. 1, 3, Senate considered and agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):

Nov. 2, Presidential statement.

Æ

(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.

Approved November 2, 2002.

15 USC 3 note.

49 USC 41309

note.

15 USC 1 note.