H. R. 2215
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
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 au-
thorities; authority to transfer property of marginal value; record-
keeping; 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, common-
wealths, 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.
H. R. 2215—2
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 serv-
ices 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 re-
search 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 sub-
stance cases.
Sec. 3006. Authority of court to impose a sentence of probation or supervised re-
lease 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.
H. R. 2215—3
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, IM-
MIGRATION, 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 inter-
national 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 par-
ent 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 entre-
preneurs.
Sec. 11037. Amendments to pilot immigration program for regional centers to pro-
mote economic growth.
Subtitle C—Judicial Improvements Act of 2002
Sec. 11041. Short title.
Sec. 11042. Judicial discipline procedures.
Sec. 11043. Technical amendments.
H. R. 2215—4
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 Of-
fice.
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 reexam-
ination 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 amend-
ments.
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.
H. R. 2215—5
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 DEPART-
MENT OF JUSTICE APPROPRIATIONS
AUTHORIZATION ACT
TITLE I—AUTHORIZATION OF APPRO-
PRIATIONS 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 Administra-
tion: $92,668,000.
(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Adminis-
trative 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 Activi-
ties: $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 emer-
gencies of a confidential character.
(5) ANTITRUST
DIVISION.—For the Antitrust Division:
$130,791,000.
(6) UNITED STATES ATTORNEYS.—For United States Attor-
neys: $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
H. R. 2215—6
crimes identified in the No Electronic Theft (NET) Act (Public
Law 105–147): Provided, That such amounts in the appropria-
tions 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 emer-
gencies 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 author-
ized 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 inspec-
tion 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 emer-
gencies 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 traf-
ficking, 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.
H. R. 2215—7
(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 administra-
tive expenses in accordance with the Radiation Exposure Com-
pensation 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 Administra-
tion: $121,079,000.
(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Adminis-
trative 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 Activi-
ties: $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 emer-
gencies of a confidential character.
(5) ANTITRUST
DIVISION.—For the Antitrust Division:
$141,855,000.
(6) UNITED STATES ATTORNEYS.—For United States Attor-
neys: $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
H. R. 2215—8
Law 105–147): Provided, That such amounts in the appropria-
tions 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 emer-
gencies 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, intel-
ligence, 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 traf-
ficking, 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.
H. R. 2215—9
(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 Integra-
tion: $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 administra-
tive expenses in accordance with the Radiation Exposure Com-
pensation 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 POSI-
TIONS.
(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 posi-
tions 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 NEIGHBOR-
HOODS.
(a) IN GENERAL.—The Attorney General shall establish a pro-
gram 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 appro-
priated 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.
H. R. 2215—10
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 reimburs-
able, 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, with-
out 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 pri-
vate 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 estab-
lished, 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 char-
acter, to be expended under the direction of the Attorney
H. R. 2215—11
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 proce-
dures 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 depend-
ents of personnel stationed outside the United States
at cost not in excess of those authorized by the Depart-
ment of Defense for the same area, when it is deter-
mined 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
H. R. 2215—12
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 Fed-
eral Bureau of Investigation, for the United States Mar-
shals 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; FIRE-
ARMS COMPETITIONS.—Funds available to the Attorney Gen-
eral 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 plan-
ning, designing, acquiring, building, constructing, acti-
vating, 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 dis-
pute resolution proceedings, where the Department of Jus-
tice 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.
H. R. 2215—13
‘‘(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 avail-
able 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 manage-
ment 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 indi-
vidual 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
H. R. 2215—14
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 Inves-
tigation 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 pro-
viding such services.
‘‘(f) WARRANTY WORK.—In instances where the Attorney Gen-
eral 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, pro-
gram, policy, or other law whose enforcement, applica-
tion, 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 deci-
sion (binding upon courts of, or inferior to those of,
H. R. 2215—15
that jurisdiction) established by a final decision of any
court of, or superior to those of, that jurisdiction,
respecting the interpretation, construction, or applica-
tion of the Constitution, any statute, rule, regulation,
program, policy, or other law whose enforcement,
application, or administration is within the responsi-
bility of the Attorney General or such officer;
‘‘(B) determines—
‘‘(i) to contest affirmatively, in any judicial,
administrative, or other proceeding, the constitu-
tionality 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 bank-
ruptcy) 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 modifica-
tion 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 exclu-
sions from Government contracts or grants;
‘‘(II) mere reporting requirements or agree-
ments (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 require-
ments 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 govern-
ment in investigations or prosecutions (whether
or not the agreement is a matter of public record).
H. R. 2215—16
‘‘(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 Representa-
tives 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 rel-
evant 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 imple-
menting such policy, making such determination, or approving
such settlement or compromise), except that—
‘‘(A) such details may be omitted as may be absolutely
necessary to prevent improper disclosure of national-
security- or classified information, of any information sub-
ject to the deliberative-process-, executive-, attorney-work-
product-, or attorney-client privileges, or of any information
the disclosure of which is prohibited by section 6103 of
the Internal Revenue Code of 1986, or other law or any
court order if the fact of each such omission (and the
precise ground or grounds therefor) is clearly noted in
the statement: Provided, That this subparagraph shall not
be construed to deny to the Congress (including any House,
Committee, or agency thereof) any such omitted details
(or related information) that it lawfully may seek, subse-
quent 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 sub-
section (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
H. R. 2215—17
or compromise (if not apparent on the face of docu-
ments provided); and
‘‘(ii) in the case of an approval described in sub-
section (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 constitu-
tionality of the provision involved is the position of the executive
branch of the Federal Government (or, as applicable, of the Presi-
dent or of any executive agency or military department).
‘‘(e) APPLICABILITY TO THE PRESIDENT AND TO EXECUTIVE AGEN-
CIES 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 sec-
tions 105 and 102 of title 5, United States Code) of the enact-
ment of this section.
(4)(A) Not later than 90 days after the date of the enact-
ment 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 imple-
mented before the date of the enactment of this Act and
were in effect on such date; and
H. R. 2215—18
(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 Rep-
resentatives 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 AMEND-
MENTS.
(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 GEN-
ERAL.—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; RECORD-
KEEPING; 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)—
H. R. 2215—19
(A) by inserting before the period in the last sentence
‘‘, without both the personal approval of the Attorney Gen-
eral and written notice within 30 days thereof to the Chair-
men 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 prop-
erty 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 compensa-
tion 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, there-
after, for financial systems, and other personnel, administrative,
and litigation expenses of debt collection activities.’’.
H. R. 2215—20
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 Appro-
priations 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 statu-
tory formula), cooperative agreement, or programmatic services
contract that was made, entered into, awarded, or, for which
additional or supplemental funds were provided in the imme-
diately 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 statu-
tory 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 Pro-
grams (including any component or unit thereof, and the Office
of Community Oriented Policing Services) that was program-
matically 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 descrip-
tion 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 pur-
pose 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 prin-
ciples, 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;
H. R. 2215—21
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 subpara-
graphs (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.
H. R. 2215—22
‘‘(C) The information required under subparagraph (A) shall
be submitted in the report required in fiscal year 2005 and there-
after.’’.
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 contin-
uous service in 1 or more civil service positions located in
a territory or possession of the United States, the Common-
wealth 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 speci-
fied 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
H. R. 2215—23
completion of agreed-upon service period and the effect of the can-
cellation. The agreement shall require that if, at the time of can-
cellation of the incentive, the employee has received incentive pay-
ments 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 regula-
tions 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 imple-
menting 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 consulta-
tion 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.
H. R. 2215—24
(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 pris-
oners’’ 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 pay-
ments, 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 subpara-
graphs (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
H. R. 2215—25
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 enforce-
ment 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 des-
ignated 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;
H. R. 2215—26
(4) the identity of the applying investigative or law enforce-
ment 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 incrimi-
nating communications intercepted;
(B) the approximate nature and frequency of other
communications intercepted;
(C) the approximate number of persons whose commu-
nications 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 communica-
tions 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 intercep-
tions 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 Enforce-
ment 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 sepa-
rate 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
H. R. 2215—27
under the jurisdiction of an adult criminal court with orienta-
tion and ongoing training regarding the unique needs of such
offenders; and
‘‘(3) providing ombudsmen to monitor the treatment of juve-
niles who are detained or serving sentences under the jurisdic-
tion 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 mis-
conduct involving Department attorneys, investigators, or law
enforcement personnel, where the allegations relate to the exer-
cise 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 recommenda-
tion 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 coordi-
nating 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 para-
graph (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
H. R. 2215—28
of the enactment of this Act, the Inspector General of the Depart-
ment 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 Inspec-
tions 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 rec-
ommendation to the Chairperson and ranking member of the
Committees on the Judiciary of the Senate and the House of Rep-
resentatives concerning—
(1) whether there should be established, within the Depart-
ment 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 oper-
ations 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 inves-
tigate the conduct of employees of the Federal Bureau of Inves-
tigation;
(3) what differences exist between the methods and prac-
tices 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 estab-
lishing such recommended disciplinary guidelines.
H. R. 2215—29
SEC. 310. AUTHORIZATION OF APPROPRIATIONS.
(a) DEPARTMENT OF JUSTICE.—There is authorized to be appro-
priated $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 Depart-
ment 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 mis-
conduct 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 Profes-
sional Responsibility by 10 full-time special agents and 4 full-
time support employees.
SEC. 311. REPORT ON THREATS AND ASSAULTS AGAINST FEDERAL
LAW ENFORCEMENT OFFICERS, UNITED STATES JUDGES,
UNITED STATES OFFICIALS AND THEIR FAMILIES.
(a) REPEAL OF COMPILATION OF STATISTICS RELATING TO INTIMI-
DATION
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 para-
graph (1) of this subsection, such table is amended—
H. R. 2215—30
(A) by striking the item relating to California and
inserting the following:
‘‘California:
Northern ..........................................................................................................
Eastern ............................................................................................................
Central ............................................................................................................
Southern ..........................................................................................................
13’’;
(B) by striking the item relating to North Carolina
and inserting the following:
‘‘North Carolina:
Eastern ............................................................................................................
Middle ..............................................................................................................
Western ...........................................................................................................
4’’;
and
(C) by striking the item relating to Texas and inserting
the following:
‘‘Texas:
Northern ..........................................................................................................
Southern ..........................................................................................................
Eastern ............................................................................................................
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 Improve-
ments 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 ..........................................................................................................
Central ............................................................................................................
Southern ..........................................................................................................
4’’;
(B) by striking the item relating to New York and
inserting the following:
‘‘New York:
Northern ..........................................................................................................
Southern ..........................................................................................................
Eastern ............................................................................................................
Western ...........................................................................................................
4’’;
and
(C) by striking the item relating to Virginia and
inserting the following:
‘‘Virginia:
Eastern ............................................................................................................
Western ...........................................................................................................
4’’.
H. R. 2215—31
(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 Cali-
fornia;
(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 con-
firmation 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 JUDGE-
SHIP FOR THE NORTHERN DISTRICT OF OHIO.—
(1) IN GENERAL.—Section 203(c) of the Judicial Improve-
ment 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 para-
graph (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 sub-
section 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.
H. R. 2215—32
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, coopera-
tive 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).
H. R. 2215—33
‘‘(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 guide-
lines;
‘‘(B) the development and management of grant pro-
grams 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 sup-
port 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.
H. R. 2215—34
‘‘(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 ade-
quate 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 para-
graph (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.’’.
H. R. 2215—35
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, Preven-
tion, 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 incarcer-
ation 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 serv-
ices 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 con-
tinue to provide, an adequate level of residential treatment serv-
ices.’’; 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 sub-
stance abuse treatment programs that are effective and science-
based established by those local correctional facilities.’’.
H. R. 2215—36
SEC. 2103. MANDATORY REVOCATION OF PROBATION AND SUPER-
VISED 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 con-
duct 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, Sec-
retary 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 Presi-
dent may judge necessary and expedient to streamline, consoli-
date, 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
H. R. 2215—37
(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 bio-
medical, 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 effec-
tive 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 appro-
priated to carry out this subsection such sums as may
be necessary for each fiscal year.
‘‘(B) SUPPLEMENT
NOT
SUPPLANT.—Amounts appro-
priated 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:
H. R. 2215—38
‘‘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 agree-
ments 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 sub-
stance abuse problems who are not violent offenders;
‘‘(2) coordination with the appropriate State or local pros-
ecutor; 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 pro-
grams 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;
H. R. 2215—39
‘‘(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 cir-
cumstances 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 delin-
quent for, an offense that—
‘‘(1) has as an element, the use, attempted use, or threat-
ened 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 appro-
priate 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 implementa-
tion plan that shall provide for the consultation and coordina-
tion with appropriate State and local prosecutors, particularly
when program participants fail to comply with program require-
ments;
‘‘(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 con-
tinuing the proposed program following the conclusion of Fed-
eral support; and
‘‘(8) describe the methodology that will be used in evalu-
ating the program.
H. R. 2215—40
‘‘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 con-
stitute 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 dis-
tribution 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 effective-
ness of this part.
‘‘SEC. 2959. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
‘‘(a) TECHNICAL ASSISTANCE AND TRAINING.—The Attorney Gen-
eral 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 collec-
tion 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:
H. R. 2215—41
‘‘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 uni-
verse of drug court programs funded by the Drug Court
Program Office of the Department of Justice;
(B) take steps to ensure and sustain an adequate
grantee response rate to the Drug Court Program Office’s
data collection efforts by improving efforts to notify and
remind grantees of their reporting requirements;
(C) take corrective action toward grantees that do not
comply with the data collection reporting requirement of
the Department of Justice;
(D) reinstate the collection of post-program data in
the Drug Court Program Office’s data collection effort,
selectively spot checking grantee responses to ensure
accurate reporting;
(E) analyze performance and outcome data collected
from grantees and report annually on the results;
(F) consolidate the multiple Department of Justice-
funded drug court program-related data collection efforts
to better ensure that the primary focus is on the collection
and reporting of data on Drug Court Program Office-funded
drug court programs;
(G) conduct a methodologically sound national impact
evaluation of Drug Court Program Office-funded drug court
programs; and
(H) consider ways to reduce the time needed to provide
information on the overall impact of Federally-funded drug
court programs; and
(2) submit a report on the plan to the Committees on
the Judiciary of the Senate and the House of Representatives.
SEC. 2302. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3793) is amended—
(1) in paragraph (3), by inserting before the period at
the end the following: ‘‘or EE’’; and
(2) by adding at the end the following:
‘‘(25)(A) Except as provided in subparagraph (C), there
are authorized to be appropriated to carry out part EE—
‘‘(i) $50,000,000 for fiscal year 2002;
‘‘(ii) $54,000,000 for fiscal year 2003;
‘‘(iii) $58,000,000 for fiscal year 2004; and
‘‘(iv) $60,000,000 for fiscal year 2005.
H. R. 2215—42
‘‘(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 Appro-
priations 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 author-
ized 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 partici-
pants.
(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 Re-
entry of Criminal Offenders Into Local
Communities
CHAPTER 1—POST INCARCERATION VOCATIONAL AND
REMEDIAL EDUCATIONAL OPPORTUNITIES FOR IN-
MATES
SEC. 2411. POST INCARCERATION VOCATIONAL AND REMEDIAL EDU-
CATIONAL 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 Demonstra-
tion 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 para-
graph (1) shall include the following core elements:
(A) A Reentry Review Team for each prisoner, con-
sisting of a representative from the Bureau of Prisons,
H. R. 2215—43
the United States Probation System, the United States
Parole Commission, and the relevant community correc-
tions 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 Demonstra-
tion 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 pris-
oner’’ 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 sec-
tion, 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.
H. R. 2215—44
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 effec-
tive 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 involve-
ment 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 implementa-
tion 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
H. R. 2215—45
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 sub-
section 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 descrip-
tion 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 Gen-
eral 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 demonstra-
tion 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:
H. R. 2215—46
‘‘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 enforce-
ment 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 INTEG-
RITY OF THE CRIMINAL JUSTICE SYS-
TEM
SEC. 3001. INCREASING THE PENALTY FOR USING PHYSICAL FORCE
TO TAMPER WITH WITNESSES, VICTIMS, OR INFORM-
ANTS.
(a) IN GENERAL.—Section 1512 of title 18, United States Code,
is amended—
H. R. 2215—47
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘as provided in para-
graph (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, docu-
ment, 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’’.
H. R. 2215—48
SEC. 3002. CORRECTION OF ABERRANT STATUTES TO PERMIT IMPOSI-
TION 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 dis-
missed 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 agree-
ment 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 pre-
clude 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’’.
H. R. 2215—49
(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 sen-
tence’’ 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 imprison-
ment’’.
SEC. 3006. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBA-
TION OR SUPERVISED RELEASE WHEN REDUCING A SEN-
TENCE 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 Amend-
ments 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’’.
H. R. 2215—50
(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 ‘‘Who-
ever’’; 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 sub-
section (d) so that it appears following subsection (c).
(5) CORRECTION TO ALLOW FOR INSERTION OF NEW SUBPARA-
GRAPH 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’’;
H. R. 2215—51
(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 para-
graph;
(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 kid-
napping, or conspiracy to kidnap of a person’’ and inserting
‘‘or attempted kidnapping of, or a conspiracy to kidnap, a per-
son’’.
(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.—Sec-
tion 1032(1) of title 18, United States Code, is amended by
striking ‘‘13,’’ and inserting ‘‘13’’.
(14) CORRECTION OF PUNCTUATION IN SECTION 1345.—Sec-
tion 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.—Sec-
tion 3612(f)(2)(B) of title 18, United States Code, is amended
by striking ‘‘preceding.’’ and inserting ‘‘preceding’’.
(16) CORRECTION
OF
INDENTATION
IN
CONTROLLED
SUB-
STANCES 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
H. R. 2215—52
(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 ‘‘war-
rant, 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—
H. R. 2215—53
(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
CON-
TROLLED 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 CHAP-
TERS.—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
H. R. 2215—54
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 ‘‘fol-
lowing’’; 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 SEC-
TION.—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 undesig-
nated 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 semi-
colon;
(5) in the item relating to section 526 in the table of
sections at the beginning of chapter 31, by striking ‘‘and’’ before
‘‘trustees’’;
H. R. 2215—55
(6) in the item relating to chapter 37 in the table of chapters
at the beginning of part II, by inserting ‘‘Service’’ after ‘‘Mar-
shals’’;
(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 Sec-
retary’’; 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.
H. R. 2215—56
(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 ‘‘statu-
tory 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, profes-
sional 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 descrip-
tion of the manner in which the grant will be used to carry
out that plan;’’;
(C) in paragraph (2), by inserting ‘‘or appropriate certi-
fying bodies’’ before the semicolon; and
H. R. 2215—57
(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 competi-
tive 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 poten-
tial grant recipient.’’;
(4) in section 2804—
(A) in subsection (a), by inserting ‘‘or unit of local
government’’ after ‘‘A State’’; and
(B) in subsection (c)(1), by inserting ‘‘(including grants
received by units of local government within a State)’’
after ‘‘under this part’’; and
(5) in section 2806(a)—
(A) in the matter before paragraph (1), by inserting
‘‘or unit of local government’’ after ‘‘each State’’; and
(B) in paragraph (1), by inserting before the semicolon
the following: ‘‘, which shall include a comparison of pre-
grant and post-grant forensic science capabilities’’
(C) in paragraph (2), by striking ‘‘and’’ at the end;
(D) by redesignating paragraph (3) as paragraph (4);
and
(E) by inserting after paragraph (2) the following:
‘‘(3) an identification of the number and type of cases
currently accepted by the laboratory; and’’.
SEC. 5002. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of fiscal years
2002 through 2007—
(1) such sums as may be necessary for the Center for
Domestic Preparedness of the Department of Justice in
Anniston, Alabama;
(2) such sums as may be necessary for the Texas
Engineering Extension Service of Texas A&M University;
(3) such sums as may be necessary for the Energetic Mate-
rials 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 Exer-
cise, 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 Nor-
wich University; and
(7) such sums as may be necessary for the Northeast
Counterdrug Training Center at Fort Indiantown Gap, Pennsyl-
vania.
H. R. 2215—58
DIVISION C—IMPROVEMENTS TO CRIMI-
NAL JUSTICE, CIVIL JUSTICE, IMMI-
GRATION, JUVENILE JUSTICE, AND
INTELLECTUAL PROPERTY AND ANTI-
TRUST 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 distinc-
tion. However, many law enforcement and public safety agen-
cies 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 sub-
section (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.
H. R. 2215—59
(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 semi-
colon; 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 Govern-
ment, including the United States Sentencing Commission, the
States, cities, and penal and other institutions.’’.
H. R. 2215—60
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 other-
wise authorized by law, the’’; and
H. R. 2215—61
(B) by inserting ‘‘, mill, or while employed in the trans-
port 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 Amend-
ments 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 enforce-
ment 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
H. R. 2215—62
is addressed to a United States judge, a Federal law enforce-
ment 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 Sen-
tencing Commission shall review and amend the Federal sen-
tencing guidelines and the policy statements of the commission,
if appropriate, to provide an appropriate sentencing enhance-
ment 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 sec-
tion, 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 con-
duct covered by the offense;
(E) the extent to which the Federal sentencing guide-
line sentences for the offense have been constrained by
statutory maximum penalties;
(F) the extent to which the Federal sentencing guide-
lines 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 guide-
lines 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;
H. R. 2215—63
(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 out-
fitted 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 com-
merce, 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 enforce-
ment 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 preven-
tion, detection, investigation, or prosecution of any violation
of criminal law.
(3) LAW ENFORCEMENT OFFICER.—The term ‘‘law enforce-
ment 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 prosecu-
tion 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 Sen-
tencing Commission shall review and amend the Federal sen-
tencing guidelines and the policy statements of the Commission,
as appropriate, to provide an appropriate sentencing enhance-
ment 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 defend-
ant used body armor.
H. R. 2215—64
(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 busi-
ness 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 fel-
ons.’’.
(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 Administra-
tive Services Act of 1949 (40 U.S.C. 472).
H. R. 2215—65
(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 enforce-
ment 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 Inves-
tigation.
(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 adminis-
tration 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.’’.
H. R. 2215—66
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, there-
after, 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.
H. R. 2215—67
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 SETTLE-
MENTS.
(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 settle-
ments 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 settle-
ment 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 settle-
ment 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
H. R. 2215—68
for the most effective and cost-efficient assignment of responsibil-
ities 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 GRAD-
UATES.
(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 sum-
mary 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 govern-
ment 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 sum-
mary of testimony that the government intends to use
under Rules 702, 703, or 705 of the Federal Rules of Evi-
dence 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
H. R. 2215—69
use under Rules 702, 703, or 705 of the Federal Rules
of Evidence as evidence at trial, if—
‘‘(i) the defendant requests disclosure under sub-
division (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 juris-
diction 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, regard-
less 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
H. R. 2215—70
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 prop-
erty, 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 posses-
sion 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.
H. R. 2215—71
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 dam-
ages.
‘‘(3) Any remand under paragraph (2) shall not be effective
until 60 days after the district court has issued an order deter-
mining 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 jurisdic-
tion 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:
H. R. 2215—72
‘‘§ 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 per-
mitted 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 phys-
ically 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 condi-
tions 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 Com-
mittee on the Judiciary of the House of Representatives a report
on the implementation of this section.