H. R. 2215—73
SEC. 11023. WEBSTER COMMISSION IMPLEMENTATION REPORT.
(a) IMPLEMENTATION PLAN.—Not later than 6 months after
the date of enactment of this Act, the Director of the Federal
Bureau of Investigation shall submit to the appropriate Committees
of Congress a plan for implementation of the recommendations
of the Commission for Review of FBI Security Programs, dated
March 31, 2002, including the costs of such implementation.
(b) ANNUAL REPORTS.—On the date that is 1 year after the
submission of the plan described in subsection (a), and for 2 years
thereafter, the Director of the Federal Bureau of Investigation
shall submit to the appropriate Committees of Congress a report
on the implementation of such plan.
(c) APPROPRIATE COMMITTEES OF CONGRESS.—For purposes of
this section, the term ‘‘appropriate Committees of Congress’’
means—
(1) the Committees on the Judiciary of the Senate and
the House of Representatives;
(2) the Committees on Appropriations of the Senate and
the House of Representatives;
(3) the Select Committee on Intelligence of the Senate;
and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 11024. FBI POLICE.
(a) IN GENERAL.—Chapter 33 of title 28, United States Code,
is amended by adding at the end the following:
‘‘§ 540C. FBI Police
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Federal Bureau of Investigation.
‘‘(2) FBI BUILDINGS AND GROUNDS.—
‘‘(A) IN
GENERAL.—The term ‘‘FBI buildings and
grounds’’ means—
‘‘(i) the whole or any part of any building or struc-
ture which is occupied under a lease or otherwise by
the Federal Bureau of Investigation and is subject
to supervision and control by the Federal Bureau of
Investigation;
‘‘(ii) the land upon which there is situated any
building or structure which is occupied wholly by the
Federal Bureau of Investigation; and
‘‘(iii) any enclosed passageway connecting 2 or
more buildings or structures occupied in whole or in
part by the Federal Bureau of Investigation.
‘‘(B) 
INCLUSION.—The 
term 
‘‘FBI 
buildings 
and
grounds’’ includes adjacent streets and sidewalks not to
exceed 500 feet from such property.
‘‘(3) FBI POLICE.—The term ‘‘FBI police’’ means the perma-
nent police force established under subsection (b).
‘‘(b) ESTABLISHMENT OF FBI POLICE; DUTIES.—
‘‘(1) IN
GENERAL.—Subject to the supervision of the
Attorney General, the Director may establish a permanent
police force, to be known as the FBI police.
H. R. 2215—74
‘‘(2) DUTIES.—The FBI police shall perform such duties
as the Director may prescribe in connection with the protection
of persons and property within FBI buildings and grounds.
‘‘(3) UNIFORMED REPRESENTATIVE.—The Director, or des-
ignated representative duly authorized by the Attorney Gen-
eral, may appoint uniformed representatives of the Federal
Bureau of Investigation as FBI police for duty in connection
with the policing of all FBI buildings and grounds.
‘‘(4) AUTHORITY.—
‘‘(A) IN GENERAL.—In accordance with regulations pre-
scribed by the Director and approved by the Attorney Gen-
eral, the FBI police may—
‘‘(i) police the FBI buildings and grounds for the
purpose of protecting persons and property;
‘‘(ii) in the performance of duties necessary for
carrying out subparagraph (A), make arrests and other-
wise enforce the laws of the United States, including
the laws of the District of Columbia;
‘‘(iii) carry firearms as may be required for the
performance of duties;
‘‘(iv) prevent breaches of the peace and suppress
affrays and unlawful assemblies; and
‘‘(v) hold the same powers as sheriffs and con-
stables when policing FBI buildings and grounds.
‘‘(B) EXCEPTION.—The authority and policing powers
of FBI police under this paragraph shall not include the
service of civil process.
‘‘(5) PAY AND BENEFITS.—
‘‘(A) IN
GENERAL.—The rates of basic pay, salary
schedule, pay provisions, and benefits for members of the
FBI police shall be equivalent to the rates of basic pay,
salary schedule, pay provisions, and benefits applicable
to members of the United States Secret Service Uniformed
Division.
‘‘(B) APPLICATION.—Pay and benefits for the FBI police
under subparagraph (A)—
‘‘(i) shall be established by regulation;
‘‘(ii) shall apply with respect to pay periods begin-
ning after January 1, 2003; and
‘‘(iii) shall not result in any decrease in the rates
of pay or benefits of any individual.
‘‘(c) AUTHORITY OF METROPOLITAN POLICE FORCE.—This section
does not affect the authority of the Metropolitan Police Force of
the District of Columbia with respect to FBI buildings and
grounds.’’.
(b) CONFORMING AMENDMENT.—The table of sections at the
beginning of chapter 33 of title 28, United States Code, is amended
by adding at the end the following new item:
‘‘540C. FBI police.’’.
SEC. 11025. REPORT ON FBI INFORMATION MANAGEMENT AND TECH-
NOLOGY.
(a) IN GENERAL.—Not later than 9 months after the date of
enactment of this Act, the Director of the Federal Bureau of Inves-
tigation, with appropriate comments from other components of the
Department of Justice, shall submit to Congress a report on the
information management and technology programs of the Federal
H. R. 2215—75
Bureau of Investigation including recommendations for any legisla-
tion that may be necessary to enhance the effectiveness of those
programs.
(b) CONTENTS OF REPORT.—The report submitted under sub-
section (a) shall provide—
(1) an analysis and evaluation of whether authority for
waiver of any provision of procurement law (including any
regulation implementing such a law) is necessary to expedi-
tiously and cost-effectively acquire information technology to
meet the unique needs of the Federal Bureau of Investigation
to improve its investigative operations in order to respond
better to national law enforcement, intelligence, and counter-
intelligence requirements;
(2) the results of the studies and audits conducted by
the Strategic Management Council and the Inspector General
of the Department of Justice to evaluate the information
management and technology programs of the Federal Bureau
of Investigation, including systems, policies, procedures, prac-
tices, and operations; and
(3) a plan for improving the information management and
technology programs of the Federal Bureau of Investigation.
(c) RESULTS.—The results provided under subsection (b)(2) shall
include an evaluation of—
(1) information technology procedures and practices
regarding procurement, training, and systems maintenance;
(2) record keeping policies, procedures, and practices of
the Federal Bureau of Investigation, focusing particularly on
how information is inputted, stored, managed, utilized, and
shared within the Federal Bureau of Investigation;
(3) how information in a given database is related or com-
pared to, or integrated with, information in other technology
databases within the Federal Bureau of Investigation;
(4) the effectiveness of the existing information technology
infrastructure of the Federal Bureau of Investigation in sup-
porting and accomplishing the overall mission of the Federal
Bureau of Investigation;
(5) the management of information technology projects of
the Federal Bureau of Investigation, focusing on how the Fed-
eral Bureau of Investigation—
(A) selects its information technology projects;
(B) ensures that projects under development deliver
benefits; and
(C) ensures that completed projects deliver the
expected results; and
(6) the security and access control techniques for classified
and sensitive but unclassified information systems in the Fed-
eral Bureau of Investigation.
(d) CONTENTS OF PLAN.—The plan provided under subsection
(b)(3) shall include consideration of, among other things—
(1) to what extent appropriate key technology management
positions in the Federal Bureau of Investigation should be
filled by personnel with experience in the commercial sector;
(2) how access to the most sensitive information can be
audited in such a manner that suspicious activity is subject
to near contemporaneous security review;
H. R. 2215—76
(3) how critical information systems can employ a public
key infrastructure to validate both users and recipients of mes-
sages or records;
(4) how security features can be tested to meet national
information systems security standards;
(5) which employees in the Federal Bureau of Investigation
should receive instruction in records and information manage-
ment policies and procedures relevant to their positions and
how frequently they should receive that instruction;
(6) whether and to what extent a reserve should be estab-
lished for research and development to guide strategic informa-
tion management and technology investment decisions;
(7) whether administrative requirements for software pur-
chases under $2,000,000 are necessary and could be eliminated;
(8) whether the Federal Bureau of Investigation should
contract with an expert technology partner to provide technical
support for the information technology procurement for the
Federal Bureau of Investigation;
(9) whether procedures should be implemented to permit
procurement of products and services through contracts of other
agencies, as necessary; and
(10) whether a systems integration and test center should
be established, with the participation of field personnel, to
test each series of information systems upgrades or application
changes before their operational deployment to confirm that
they meet proper requirements.
SEC. 11026. GAO REPORT ON CRIME STATISTICS REPORTING.
(a) IN GENERAL.—Not later than 9 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on the Judiciary of the Senate
and the House of Representatives a report on the issue of how
statistics are reported and used by Federal law enforcement agen-
cies.
(b) CONTENTS.—The report submitted under subsection (a)
shall—
(1) identify the current regulations, procedures, internal
policies, or other conditions that allow the investigation or
arrest of an individual to be claimed or reported by more
than 1 Federal or State agency charged with law enforcement
responsibility;
(2) identify and examine the conditions that allow the
investigation or arrest of an individual to be claimed or reported
by the Offices of Inspectors General and any other Federal
agency charged with law enforcement responsibility;
(3) examine the statistics reported by Federal law enforce-
ment agencies, and document those instances in which more
than 1 agency, bureau, or office claimed or reported the same
investigation or arrest during the years 1998 through 2001;
(4) examine the issue of Federal agencies simultaneously
claiming arrest credit for in-custody situations that have
already occurred pursuant to a State or local agency arrest
situation during the years 1998 through 2001;
(5) examine the issue of how such statistics are used for
administrative and management purposes;
H. R. 2215—77
(6) set forth a comprehensive definition of the terms ‘‘inves-
tigation’’ and ‘‘arrest’’ as those terms apply to Federal agencies
charged with law enforcement responsibilities; and
(7) include recommendations, that when implemented,
would eliminate unwarranted and duplicative reporting of
investigation and arrest statistics by all Federal agencies
charged with law enforcement responsibilities.
(c) FEDERAL AGENCY COMPLIANCE.—Federal law enforcement
agencies shall comply with requests made by the General
Accounting Office for information that is necessary to assist in
preparing the report required by this section.
SEC. 11027. CRIME-FREE RURAL STATES GRANTS.
(a) SHORT TITLE.—This section may be cited as the ‘‘Crime-
Free Rural States Act of 2002’’.
(b) IN GENERAL.—Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended,
is amended by inserting after part FF the following new part:
‘‘PART GG—CRIME FREE RURAL STATE
GRANTS
‘‘SEC. 2985. GRANT AUTHORITY.
‘‘The Attorney General shall award grants to rural State
criminal justice agencies, Byrne agencies, or other agencies as des-
ignated by the Governor of that State and approved by the Attorney
General, to develop rural States’ capacity to assist local communities
in the prevention and reduction of crime, violence, and substance
abuse.
‘‘SEC. 2986. USE OF FUNDS.
‘‘(a) IN GENERAL.—A capacity building grant shall be used
to develop a statewide strategic plan as described in section 2987
to prevent and reduce crime, violence, and substance abuse.
‘‘(b) PERMISSIVE USE.—A rural State may also use its grant
to provide training and technical assistance to communities and
promote innovation in the development of policies, technologies,
and programs to prevent and reduce crime.
‘‘(c) DATA COLLECTION.—A rural State may use up to 5 percent
of the grant to assist grant recipients in collecting statewide data
related to the costs of crime, violence, and substance abuse for
purposes of supporting the statewide strategic plan.
‘‘SEC. 2987. STATEWIDE STRATEGIC PREVENTION PLAN.
‘‘(a) IN GENERAL.—A statewide strategic prevention plan shall
be used by the rural State to assist local communities, both directly
and through existing State programs and services, in building com-
prehensive, strategic, and innovative approaches to reducing crime,
violence, and substance abuse based on local conditions and needs.
‘‘(b) GOALS.—The plan must contain statewide long-term goals
and measurable annual objectives for reducing crime, violence, and
substance abuse.
‘‘(c) ACCOUNTABILITY.—The rural State shall be required to
develop and report in its plan relevant performance targets and
measures for the goals and objectives to track changes in crime,
violence, and substance abuse.
H. R. 2215—78
‘‘(d) CONSULTATION.—The rural State shall form a State crime
free communities commission that includes representatives of State
and local government, and community leaders who will provide
advice and recommendations on relevant community goals and
objectives, and performance targets and measures.
‘‘SEC. 2988. REQUIREMENTS.
‘‘(a) TRAINING AND TECHNICAL ASSISTANCE.—The rural State
shall provide training and technical assistance, including through
such groups as the National Crime Prevention Council, to assist
local communities in developing Crime Prevention Plans that reflect
statewide strategic goals and objectives, and performance targets
and measures.
‘‘(b) REPORTS.—The rural State shall provide a report on its
statewide strategic plan to the Attorney General, including informa-
tion about—
‘‘(1) involvement of relevant State-level agencies to assist
communities in the development and implementation of their
Crime Prevention Plans;
‘‘(2) support for local applications for Community Grants;
and
‘‘(3) community progress toward reducing crime, violence,
and substance abuse.
‘‘(c) CERTIFICATION.—Beginning in the third year of the pro-
gram, States must certify that the local grantee’s project funded
under the community grant is generally consistent with statewide
strategic goals and objectives, and performance targets and meas-
ures.
‘‘SEC. 2989. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $10,000,000 to carry
out this part for each of fiscal years 2003, 2004, and 2005.’’.
(c) TECHNICAL AMENDMENT.—The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended by inserting after the matter
relating to part FF the following:
‘‘PART GG—CRIME FREE RURAL STATE GRANTS
‘‘Sec. 2985. Grant authority.
‘‘Sec. 2986. Use of funds.
‘‘Sec. 2987. Statewide strategic prevention plan.
‘‘Sec. 2988. Requirements.
‘‘Sec. 2989. Authorization of appropriations.’’.
SEC. 11028. MOTOR VEHICLE FRANCHISE CONTRACT DISPUTE RESOLU-
TION PROCESS.
(a) ELECTION OF ARBITRATION.—
(1) DEFINITIONS.—For purposes of this subsection—
(A) the term ‘‘motor vehicle’’ has the meaning given
such term in section 30102(6) of title 49 of the United
States Code; and
(B) the term ‘‘motor vehicle franchise contract’’ means
a contract under which a motor vehicle manufacturer,
importer, or distributor sells motor vehicles to any other
person for resale to an ultimate purchaser and authorizes
such other person to repair and service the manufacturer’s
motor vehicles.
H. R. 2215—79
(2) CONSENT REQUIRED.—Notwithstanding any other provi-
sion of law, whenever a motor vehicle franchise contract pro-
vides for the use of arbitration to resolve a controversy arising
out of or relating to such contract, arbitration may be used
to settle such controversy only if after such controversy arises
all parties to such controversy consent in writing to use arbitra-
tion to settle such controversy.
(3) EXPLANATION REQUIRED.—Notwithstanding any other
provision of law, whenever arbitration is elected to settle a
dispute under a motor vehicle franchise contract, the arbitrator
shall provide the parties to such contract with a written expla-
nation of the factual and legal basis for the award.
(b) APPLICATION.—Subsection (a) shall apply to contracts
entered into, amended, altered, modified, renewed, or extended
after the date of the enactment of this Act.
SEC. 11029. HOLDING COURT FOR THE SOUTHERN DISTRICT OF IOWA.
Notwithstanding any other provision of law, during the period
beginning on January 1, 2003, through July 1, 2005, the United
States District Court for the Southern District of Iowa may—
(1) with the consent of the parties in any case filed in
the Eastern Division or the Davenport Division of the Southern
District of Iowa, hold court on that case in Rock Island, Illinois;
and
(2) summon jurors from the Southern District of Iowa to
serve in any case described under paragraph (1).
SEC. 11030. POSTHUMOUS CITIZENSHIP RESTORATION.
(a) SHORT TITLE.—This section may be cited as the ‘‘Post-
humous Citizenship Restoration Act of 2002’’.
(b) 
DEADLINE
EXTENSION.—Section 
329A(c)(1)(A) 
of 
the
Immigration and Nationality Act (8 U.S.C. 1440–1(c)(1)(A)) is
amended by striking ‘‘this section,’’ and inserting ‘‘the Posthumous
Citizenship Restoration Act of 2002,’’.
SEC. 11030A. EXTENSION OF H–1B STATUS FOR ALIENS WITH LENGTHY
ADJUDICATIONS.
(a) EXEMPTION FROM LIMITATION.—Section 106(a) of American
Competitiveness in the Twenty-first Century Act of 2000 (8 U.S.C.
1184 note) is amended to read as follows:
‘‘(a) EXEMPTION FROM LIMITATION.—The limitation contained
in section 214(g)(4) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(4)) with respect to the duration of authorized stay
shall not apply to any nonimmigrant alien previously issued a
visa or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of such Act (8 U.S.C.1101(a)(15)(H)(i)(b)), if 365
days or more have elapsed since the filing of any of the following:
‘‘(1) Any application for labor certification under section
212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)), in a case
in which certification is required or used by the alien to obtain
status under section 203(b) of such Act (8 U.S.C. 1153(b)).
‘‘(2) A petition described in section 204(b) of such Act
(3 U. S.C. 1154(b)) to accord the alien a status under section
203(b) of such Act.’’.
(b) EXTENSION OF H–1B WORKER STATUS.—Section 106(b) of
American Competitiveness in the Twenty-first Century Act of 2000
(8 U.S.C. 1184 note) is amended to read as follows:
H. R. 2215—80
‘‘(b) EXTENSION OF H–1B WORKER STATUS.—The Attorney Gen-
eral shall extend the stay of an alien who qualifies for an exemption
under subsection (a) in one-year increments until such time as
a final decision is made—
‘‘(1) to deny the application described in subsection (a)(1),
or, in a case in which such application is granted, to deny
a petition described in subsection (a)(2) filed on behalf of the
alien pursuant to such grant;
‘‘(2) to deny the petition described in subsection (a)(2);
or
‘‘(3) to grant or deny the alien’s application for an
immigrant visa or for adjustment of status to that of an alien
lawfully admitted for permanent residence.’’.
SEC. 11030B. APPLICATION FOR NATURALIZATION BY ALTERNATIVE
APPLICANT IF CITIZEN PARENT HAS DIED.
Section 322(a) of the Immigration and Nationality Act (8 U.S.C.
1433(a)) is amended—
(1) in the matter preceding paragraph (1)—
(A) by inserting ‘‘(or, if the citizen parent has died
during the preceding 5 years, a citizen grandparent or
citizen legal guardian)’’ after ‘‘citizen of the United States’’;
and
(B) by striking ‘‘such parent’’ and inserting ‘‘such
applicant’’;
(2) in paragraph (1), by inserting ‘‘(or, at the time of his
or her death, was)’’ after ‘‘parent’’;
(3) in paragraph (2)—
(A) in subparagraph (A), by inserting ‘‘(or, at the time
of his or her death, had)’’ after ‘‘has’’; and
(B) in subparagraph (B), by inserting ‘‘(or, at the time
of his or her death, had)’’ after ‘‘has’’ the first place such
term appears;
(4) by amending paragraph (4), to read as follows:
‘‘(4) The child is residing outside of the United States
in the legal and physical custody of the applicant (or, if the
citizen parent is deceased, an individual who does not object
to the application).’’; and
(5) by adding at the end the following:
‘‘(5) The child is temporarily present in the United States
pursuant to a lawful admission, and is maintaining such lawful
status.’’.
Subtitle B—EB–5 Amendments
CHAPTER 1—IMMIGRATION BENEFITS
SEC. 11031. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESI-
DENT STATUS FOR CERTAIN ALIEN ENTREPRENEURS,
SPOUSES, AND CHILDREN.
(a) IN GENERAL.—In lieu of the provisions of section 216A(c)(3)
of the Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)), sub-
section (c) shall apply in the case of an eligible alien described
in subsection (b)(1).
(b) ELIGIBLE ALIENS DESCRIBED.—
(1) IN GENERAL.—An alien is an eligible alien described
in this subsection if the alien—
H. R. 2215—81
(A) filed, under section 204(a)(1)(H) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any prede-
cessor provision), a petition to accord the alien a status
under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5))
that was approved by the Attorney General after January
1, 1995, and before August 31, 1998;
(B) pursuant to such approval, obtained the status
of an alien entrepreneur with permanent resident status
on a conditional basis described in section 216A of such
Act (8 U.S.C. 1186b); and
(C) 
timely 
filed, 
in 
accordance 
with 
section
216A(c)(1)(A) of such Act (8 U.S.C. 1186b(c)(1)(A)) and
before the date of the enactment of this Act, a petition
requesting the removal of such conditional basis.
(2) REOPENING PETITIONS PREVIOUSLY DENIED.—
(A) IN GENERAL.—In the case of a petition described
in paragraph (1)(C) that was denied under section
216A(c)(3)(C) of the Immigration and Nationality Act (8
U.S.C. 1186b(c)(3)(C)) before the date of the enactment
of this Act, upon a motion to reopen such petition filed
by the eligible alien not later than 60 days after such
date, the Attorney General shall make determinations on
such petition pursuant to subsection (c).
(B) PETITIONERS
ABROAD.—In the case of such an
eligible alien who is no longer physically present in the
United States, the Attorney General shall establish a
process under which the alien may be paroled into the
United States if necessary in order to obtain the determina-
tions under subsection (c), unless the Attorney General
finds that—
(i) the alien is inadmissible or deportable on any
ground; or
(ii) the petition described in paragraph (1)(C) was
denied on the ground that it contains a material mis-
representation in the facts and information described
in section 216A(d)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1186b(d)(1)) and alleged in the
petition with respect to a commercial enterprise.
(C) DEPORTATION OR REMOVAL PROCEEDINGS.—In the
case of such an eligible alien who was placed in deportation
or removal proceedings by reason of the denial of the peti-
tion described in paragraph (1)(C), a motion to reopen
filed under subparagraph (A) shall be treated as a motion
to reopen such proceedings. The Attorney General shall
grant such motion notwithstanding any time and number
limitations imposed by law on motions to reopen such
proceedings, except that the scope of any proceeding
reopened on this basis shall be limited to whether any
order of deportation or removal should be vacated, and
the alien granted the status of an alien lawfully admitted
for permanent residence (unconditionally or on a condi-
tional basis), by reason of the determinations made under
subsection (c). An alien who is inadmissible or deportable
on any ground shall not be granted such status, except
that this prohibition shall not apply to an alien who has
been paroled into the United States under subparagraph
(B).
H. R. 2215—82
(c) DETERMINATIONS ON PETITIONS.—
(1) INITIAL DETERMINATION.—
(A) IN GENERAL.—With respect to each eligible alien
described in subsection (b)(1), the Attorney General shall
make a determination, not later than 180 days after the
date of the enactment of this Act, whether—
(i) the petition described in subsection (b)(1)(C)
contains any material misrepresentation in the facts
and information described in section 216A(d)(1) of the
Immigration and Nationality Act (8 U.S.C. 1186b(d)(1))
and alleged in the petition with respect to a commercial
enterprise (regardless of whether such enterprise is
a limited partnership and regardless of whether the
alien entered the enterprise after its formation);
(ii) subject to subparagraphs (B) and (C), such
enterprise created full-time jobs for not fewer than
10 United States citizens or aliens lawfully admitted
for permanent residence or other immigrants lawfully
authorized to be employed in the United States (other
than the eligible alien and the alien’s spouse, sons,
or daughters), and those jobs exist or existed on any
of the dates described in subparagraph (D); and
(iii) on any of the dates described in subparagraph
(D), the alien is in substantial compliance with the
capital investment requirement described in section
216A(d)(1)(B) of the Immigration and Nationality Act
(8 U.S.C. 1186b(d)(1)(B)).
(B) INVESTMENT UNDER PILOT IMMIGRATION PROGRAM.—
For purposes of subparagraph (A)(ii), an investment that
satisfies the requirements of section 610(c) of the Depart-
ments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153
note), as in effect on the date of the enactment of this
Act, shall be deemed to satisfy the requirements of such
subparagraph.
(C) EXCEPTION FOR TROUBLED BUSINESSES.—In the case
of an eligible alien who has made a capital investment
in a troubled business (as defined in 8 CFR 204.6(e), as
in effect on the date of the enactment of this Act), in
lieu of the determination under subparagraph (A)(ii), the
Attorney General shall determine whether the number of
employees of the business, as measured on any of the
dates described in subparagraph (D), is at no less than
the pre-investment level.
(D) DATES.—The dates described in this subparagraph
are the following:
(i) The date on which the petition described in
subsection (b)(1)(C) is filed.
(ii) 6 months after the date described in clause
(i).
(iii) The date on which the determination under
subparagraph (A) or (C) is made.
(E) REMOVAL
OF
CONDITIONAL
BASIS
IF
FAVORABLE
DETERMINATION.—If the Attorney General renders an
affirmative determination with respect to clauses (ii) and
(iii) of subparagraph (A), and if the Attorney General ren-
ders a negative determination with respect to clause (i)
H. R. 2215—83
of such subparagraph, the Attorney General shall so notify
the alien involved and shall remove the conditional basis
of the alien’s status (and that of the alien’s spouse and
children if it was obtained under section 216A of the
Immigration and Nationality Act (8 U.S.C. 1186b)) effective
as of the second anniversary of the alien’s lawful admission
for permanent residence.
(F) REQUIREMENTS RELATING TO ADVERSE DETERMINA-
TIONS.—
(i) NOTICE.—If the Attorney General renders an
adverse determination with respect to clause (i), (ii),
or (iii) of subparagraph (A), the Attorney General shall
so notify the alien involved. The notice shall be in
writing and shall state the factual basis for any adverse
determination. The Attorney General shall provide the
alien with an opportunity to submit evidence to rebut
any adverse determination. If the Attorney General
reverses all adverse determinations pursuant to such
rebuttal, the Attorney General shall so notify the alien
involved and shall remove the conditional basis of the
alien’s status (and that of the alien’s spouse and chil-
dren if it was obtained under section 216A of the
Immigration and Nationality Act (8 U.S.C. 1186b))
effective as of the second anniversary of the alien’s
lawful admission for permanent residence.
(ii) CONTINUATION OF CONDITIONAL BASIS IF CER-
TAIN ADVERSE DETERMINATIONS.—If the Attorney Gen-
eral renders an adverse determination with respect
to clause (ii) or (iii) of subparagraph (A), and the
eligible alien’s rebuttal does not cause the Attorney
General to reverse such determination, the Attorney
General shall continue the conditional basis of the
alien’s permanent resident status (and that of the
alien’s spouse and children if it was obtained under
section 216A of the Immigration and Nationality Act
(8 U.S.C. 1186b)) for a 2-year period.
(iii) TERMINATION IF ADVERSE DETERMINATION.—
If the Attorney General renders an adverse determina-
tion with respect to subparagraph (A)(i), and the
eligible alien’s rebuttal does not cause the Attorney
General to reverse such determination, the Attorney
General shall so notify the alien involved and, subject
to subsection (d), shall terminate the permanent resi-
dent status of the alien (and that of the alien’s spouse
and children if it was obtained on a conditional basis
under section 216A of the Immigration and Nationality
Act (8 U.S.C. 1186b)).
(iv) ADMINISTRATIVE
AND
JUDICIAL
REVIEW.—An
alien may seek administrative review of an adverse
determination made under subparagraph (A) by filing
a petition for such review with the Board of Immigra-
tion Appeals. If the Board of Immigration Appeals
denies the petition, the alien may seek judicial review.
The procedures for judicial review under this clause
shall be the same as the procedures for judicial review
of a final order of removal under section 242(a)(1)
of the Immigration and Nationality Act (8 U.S.C.
H. R. 2215—84
1252(a)(1)). During the period in which an administra-
tive or judicial appeal under this clause is pending,
the Attorney General shall continue the conditional
basis of the alien’s permanent resident status (and
that of the alien’s spouse and children if it was obtained
under section 216A of the Immigration and Nationality
Act (8 U.S.C. 1186b)).
(2) SECOND DETERMINATION.—
(A) AUTHORIZATION
TO
CONSIDER
INVESTMENTS
IN
OTHER COMMERCIAL ENTERPRISES.—In determining under
this paragraph whether to remove a conditional basis
continued under paragraph (1)(F)(ii) with respect to an
alien, the Attorney General shall consider any capital
investment made by the alien in a commercial enterprise
(regardless of whether such enterprise is a limited partner-
ship and regardless of whether the alien entered the enter-
prise after its formation), in the United States, regardless
of whether that investment was made before or after the
determinations under paragraph (1) and regardless of
whether the commercial enterprise is the same as that
considered in the determinations under such paragraph,
if facts and information with respect to the investment
and the enterprise are included in the petition submitted
under subparagraph (B).
(B) PETITION.—In order for a conditional basis contin-
ued under paragraph (1)(F)(ii) for an eligible alien (and
the alien’s spouse and children) to be removed, the alien
must submit to the Attorney General, during the period
described in subparagraph (C), a petition which requests
the removal of such conditional basis and which states,
under penalty of perjury, the facts and information
described in subparagraphs (A) and (B) of section
216A(d)(1) of the Immigration and Nationality Act (8 U.S.C.
1186b(d)(1)) with respect to any commercial enterprise
(regardless of whether such enterprise is a limited partner-
ship and regardless of whether the alien entered the enter-
prise after its formation) which the alien desires to have
considered under this paragraph, regardless of whether
such enterprise was created before or after the determina-
tions made under paragraph (1).
(C) PERIOD FOR FILING PETITION.—
(i) 90-DAY PERIOD BEFORE SECOND ANNIVERSARY.—
Except as provided in clause (ii), the petition under
subparagraph (B) must be filed during the 90-day
period before the second anniversary of the continu-
ation, under paragraph (1)(F)(ii), of the conditional
basis of the alien’s lawful admission for permanent
residence.
(ii) DATE PETITIONS FOR GOOD CAUSE.—Such a peti-
tion may be considered if filed after such date, but
only if the alien establishes to the satisfaction of the
Attorney General good cause and extenuating cir-
cumstances for failure to file the petition during the
period described in clause (i).
(D) TERMINATION OF PERMANENT RESIDENT STATUS FOR
FAILURE TO FILE PETITION.—
H. R. 2215—85
(i) IN
GENERAL.—In the case of an alien with
permanent resident status on a conditional basis under
paragraph (1)(F)(ii), if no petition is filed with respect
to the alien in accordance with subparagraph (B), the
Attorney General shall terminate the permanent resi-
dent status of the alien (and the alien’s spouse and
children if it was obtained on a conditional basis under
section 216A of the Immigration and Nationality Act
(8 U.S.C. 1186b)) as of the second anniversary of the
continuation, under paragraph (1)(F)(ii), of the condi-
tional basis of the alien’s lawful admission for perma-
nent residence.
(ii) HEARING
IN
REMOVAL
PROCEEDING.—In any
removal proceeding with respect to an alien whose
permanent resident status is terminated under clause
(i), the burden of proof shall be on the alien to establish
compliance with subparagraph (B).
(E) DETERMINATIONS AFTER PETITION.—If a petition is
filed by an eligible alien in accordance with subparagraph
(B), the Attorney General shall make a determination,
within 90 days of the date of such filing, whether—
(i) the petition contains any material misrepresen-
tation in the facts and information alleged in the peti-
tion with respect to the commercial enterprises
included in such petition;
(ii) all such enterprises, considered together, cre-
ated full-time jobs for not fewer than 10 United States
citizens or aliens lawfully admitted for permanent resi-
dence or other immigrants lawfully authorized to be
employed in the United States (other than the eligible
alien and the alien’s spouse, sons, or daughters), and
those jobs exist on the date on which the determination
is made, except that—
(I) this clause shall apply only if the Attorney
General made an adverse determination with
respect to the eligible alien under paragraph
(1)(A)(ii);
(II) the provisions of subparagraphs (B) and
(C) of paragraph (1) shall apply to a determination
under this clause in the same manner as they
apply 
to 
a 
determination 
under 
paragraph
(1)(A)(ii); and
(III) if the Attorney General determined under
paragraph (1)(A)(ii) that any jobs satisfying the
requirement of such paragraph were created, the
number of those jobs shall be subtracted from the
number of jobs otherwise needed to satisfy the
requirement of this clause; and
(iii) considering all such enterprises together, on
the date on which the determination is made, the
eligible alien is in substantial compliance with the
capital investment requirement described in section
216A(d)(1)(B) of the Immigration and Nationality Act
(8 U.S.C. 1186b(d)(1)(B)), except that—
(I) this clause shall apply only if the Attorney
General made an adverse determination with
H. R. 2215—86
respect to the eligible alien under paragraph
(1)(A)(iii); and
(II) if the Attorney General determined under
paragraph (1)(A)(iii) that any capital amount was
invested that could be credited towards compliance
with the capital investment requirement described
in section 216A(d)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1186b(d)(1)(B)), such
amount shall be subtracted from the amount of
capital otherwise needed to satisfy the requirement
of this clause.
(F) REMOVAL
OF
CONDITIONAL
BASIS
IF
FAVORABLE
DETERMINATION.—If the Attorney General renders an
affirmative determination with respect to clauses (ii) and
(iii) of subparagraph (E), and if the Attorney General ren-
ders a negative determination with respect to clause (i)
of such subparagraph, the Attorney General shall so notify
the alien involved and shall remove the conditional basis
of the alien’s status (and that of the alien’s spouse and
children if it was obtained under section 216A of the
Immigration and Nationality Act (8 U.S.C. 1186b)) effective
as of the second anniversary of the continuation, under
paragraph (1)(F)(ii), of the conditional basis of the alien’s
lawful admission for permanent residence.
(G) REQUIREMENTS RELATING TO ADVERSE DETERMINA-
TIONS.—
(i) NOTICE.—If the Attorney General renders an
adverse determination under subparagraph (E), the
Attorney General shall so notify the alien involved.
The notice shall be in writing and shall state the
factual basis for any adverse determination. The
Attorney General shall provide the alien with an oppor-
tunity to submit evidence to rebut any adverse deter-
mination. If the Attorney General reverses all adverse
determinations pursuant to such rebuttal, the Attorney
General shall so notify the alien involved and shall
remove the conditional basis of the alien’s status (and
that of the alien’s spouse and children if it was obtained
under section 216A of the Immigration and Nationality
Act (8 U.S.C. 1186b)) effective as of the second anniver-
sary of the continuation, under paragraph (1)(F)(ii),
of the conditional basis of the alien’s lawful admission
for permanent residence.
(ii) TERMINATION IF ADVERSE DETERMINATION.—If
the eligible alien’s rebuttal does not cause the Attorney
General to reverse each adverse determination under
subparagraph (E), the Attorney General shall so notify
the alien involved and, subject to subsection (d), shall
terminate the permanent resident status of the alien
(and that of the alien’s spouse and children if it was
obtained on a conditional basis under section 216A
of the Immigration and Nationality Act (8 U.S.C.
1186b)).
(d) HEARING
IN
REMOVAL
PROCEEDING.—Any alien whose
permanent resident status is terminated under paragraph (1)(F)(iii)
H. R. 2215—87
or (2)(G)(ii) of subsection (c) may request a review of such deter-
mination in a proceeding to remove the alien. In such proceeding,
the burden of proof shall be on the Attorney General.
(e) CLARIFICATION WITH RESPECT TO CHILDREN.—In the case
of an alien who obtained the status of an alien lawfully admitted
for permanent residence on a conditional basis before the date
of the enactment of this Act by virtue of being the child of an
eligible alien described in subsection (b)(1), the alien shall be consid-
ered to be a child for purposes of this section regardless of any
change in age or marital status after obtaining such status.
(f) DEFINITION OF FULL-TIME.—For purposes of this section,
the term ‘‘full-time’’ means a position that requires at least 35
hours of service per week at any time, regardless of who fills
the position.
SEC. 11032. CONDITIONAL PERMANENT RESIDENT STATUS FOR CER-
TAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN.
(a) IN GENERAL.—With respect to each eligible alien described
in subsection (b), the Attorney General or the Secretary of State
shall approve the application described in subsection (b)(2) and
grant the alien (and any spouse or child of the alien, if the spouse
or child is eligible to receive a visa under section 203(d) of the
Immigration and Nationality Act (8 U.S.C. 1153(d))) the status
of an alien lawfully admitted for permanent residence on a condi-
tional basis under section 216A of such Act (8 U.S.C. 1186b). Such
application shall be approved not later than 180 days after the
date of the enactment of this Act.
(b) ELIGIBLE ALIENS DESCRIBED.—An alien is an eligible alien
described in this subsection if the alien—
(1) filed, under section 204(a)(1)(H) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor
provision), a petition to accord the alien a status under section
203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) that was approved
by the Attorney General after January 1, 1995, and before
August 31, 1998;
(2) pursuant to such approval, timely filed before the date
of the enactment of this Act an application for adjustment
of status under section 245 of such Act (8 U.S.C. 1255) or
an application for an immigrant visa under section 203(b)(5)
of such Act (8 U.S.C. 1153(b)(5)); and
(3) is not inadmissible or deportable on any ground.
(c) TREATMENT OF CERTAIN APPLICATIONS.—
(1) REVOCATION
OF
APPROVAL
OF
PETITIONS.—If the
Attorney General revoked the approval of a petition described
in subsection (b)(1), such revocation shall be disregarded for
purposes of this section if it was based on a determination
that the alien failed to satisfy section 203(b)(5)(A)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)).
(2) APPLICATIONS NO LONGER PENDING.—
(A) IN GENERAL.—If an application described in sub-
section (b)(2) is not pending on the date of the enactment
of this Act, the Attorney General shall disregard the cir-
cumstances leading to such lack of pendency and treat
it as reopened, if such lack of pendency is due to a deter-
mination that the alien—
H. R. 2215—88
(i) failed to satisfy section 203(b)(5)(A)(ii) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1153(b)(5)(A)(ii)); or
(ii) departed the United States without advance
parole.
(B) APPLICANTS ABROAD.—In the case of an eligible
alien who filed an application for adjustment of status
described in subsection (b)(2), but who is no longer phys-
ically present in the United States, the Attorney General
shall establish a process under which the alien may be
paroled into the United States if necessary in order to
obtain adjustment of status under this section.
(d) RECORDATION OF DATE; REDUCTION OF NUMBERS.—Upon
the approval of an application under subsection (a), the Attorney
General shall record the alien’s lawful admission for permanent
residence on a conditional basis as of the date of such approval
and the Secretary of State shall reduce by one the number of
visas authorized to be issued under sections 201(d) and 203(b)(5)
of the Immigration and Nationality Act (8 U.S.C. 1151(d) and
1153(b)(5)) for the fiscal year then current.
(e) REMOVAL OF CONDITIONAL BASIS.—
(1) PETITION.—In order for a conditional basis established
under this section for an alien (and the alien’s spouse and
children) to be removed, the alien must satisfy the requirements
of section 216A(c)(1) of the Immigration and Nationality Act
(8 U.S.C. 1186b(c)(1)), including the submission of a petition
in accordance with subparagraph (A) of such section. Such
petition may include the facts and information described in
subparagraphs (A) and (B) of section 216A(d)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186b(d)(1)) with respect
to any commercial enterprise (regardless of whether such enter-
prise is a limited partnership and regardless of whether the
alien entered the enterprise after its formation) in the United
States in which the alien has made a capital investment at
any time.
(2) DETERMINATION.—In carrying out section 216A(c)(3) of
the Immigration and Nationality Act (8 U.S.C. 1186b(c)(3))
with respect to an alien described in paragraph (1), the Attorney
General, in lieu of the determination described in such section
216A(c)(3), shall make a determination, within 90 days of the
date of such filing, whether—
(A) the petition described in paragraph (1) contains
any material misrepresentation in the facts and informa-
tion alleged in the petition with respect to the commercial
enterprises included in the petition;
(B) subject to subparagraphs (B) and (C) of section
11031(c)(1), all such enterprises, considered together, cre-
ated full-time jobs for not fewer than 10 United States
citizens or aliens lawfully admitted for permanent residence
or other immigrants lawfully authorized to be employed
in the United States (other than the alien and the alien’s
spouse, sons, or daughters), and those jobs exist or existed
on either of the dates described in paragraph (3); and
(C) considering the alien’s investments in such enter-
prises on either of the dates described in paragraph (3),
or on both such dates, the alien is or was in substantial
compliance with the capital investment requirement
H. R. 2215—89
described in section 216A(d)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1186b(d)(1)(B)).
(3) DATES.—The dates described in this paragraph are the
following:
(A) The date on which the application described in
subsection (b)(2) was filed.
(B) The date on which the determination under para-
graph (2) is made.
(f) CLARIFICATION WITH RESPECT TO CHILDREN.—In the case
of an alien who was a child on the date on which the application
described in subsection (b)(2) was filed, the alien shall be considered
to be a child for purposes of this section regardless of any change
in age or marital status after such date.
SEC. 11033. REGULATIONS.
The Immigration and Naturalization Service shall promulgate
regulations to implement this chapter not later than 120 days
after the date of enactment of this Act. Until such regulations
are promulgated, the Attorney General shall not deny a petition
filed or pending under section 216A(c)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1186b(c)(1)(A)) that relates to an
eligible alien described in section 11031, or on an application filed
or pending under section 245 of such Act (8 U.S.C. 1255) that
relates to an eligible alien described in section 11032. Until such
regulations are promulgated, the Attorney General shall not initiate
or proceed with removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a) that relate to
an eligible alien described in section 11031 or 11032.
SEC. 11034. DEFINITIONS.
Except as otherwise provided, the terms used in this chapter
shall have the meaning given such terms in section 101(b) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)).
CHAPTER 2—AMENDMENTS TO OTHER LAWS
SEC. 11035. DEFINITION OF ‘‘FULL-TIME EMPLOYMENT’’.
Section 203(b)(5) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(5)) is amended by adding at the end the following:
‘‘(D) FULL-TIME EMPLOYMENT DEFINED.—In this para-
graph, the term ‘full-time employment’ means employment
in a position that requires at least 35 hours of service
per week at any time, regardless of who fills the position.’’.
SEC. 11036. ELIMINATING ENTERPRISE ESTABLISHMENT REQUIRE-
MENT FOR ALIEN ENTREPRENEURS.
(a) PREFERENCE ALLOCATION FOR EMPLOYMENT CREATION.—
Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C.
1153(b)(5)) is amended—
(1) in subparagraph (A)—
(A) in the matter preceding clause (i), by striking
‘‘enterprise—’’ and inserting ‘‘enterprise (including a limited
partnership)—’’;
(B) by striking clause (i); and
(C) by redesignating clauses (ii) and (iii) as clauses
(i) and (ii), respectively; and
(2) in subparagraph (B)(i), by striking ‘‘establish’’ and
inserting ‘‘invest in’’.
H. R. 2215—90
(b) CONDITIONAL PERMANENT RESIDENT STATUS
FOR ALIEN
ENTREPRENEURS, SPOUSES, AND CHILDREN.—Section 216A of the
Immigration and Nationality Act (8 U.S.C. 1186b) is amended—
(1) in subsection (b)(1)—
(A) in subparagraph (A) by striking ‘‘establishment
of’’ and inserting ‘‘investment in’’; and
(B) by amending subparagraph (B) to read as follows:
‘‘(B)(i) the alien did not invest, or was not actively
in the process of investing, the requisite capital; or
‘‘(ii) the alien was not sustaining the actions described
in clause (i) throughout the period of the alien’s residence
in the United States; or’’;
(2) by amending subsection (d)(1) to read as follows:
‘‘(1) CONTENTS
OF
PETITION.—Each petition under sub-
section (c)(1)(A) shall contain facts and information dem-
onstrating that the alien—
‘‘(A)(i) invested, or is actively in the process of
investing, the requisite capital; and
‘‘(ii) sustained the actions described in clause (i)
throughout the period of the alien’s residence in the United
States; and
‘‘(B) is otherwise conforming to the requirements of
section 203(b)(5).’’; and
(3) by adding at the end of subsection (f) the following:
‘‘(3) The term ‘commercial enterprise’ includes a limited
partnership.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act and
shall apply to aliens having any of the following petitions pending
on or after the date of the enactment of this Act:
(1) A petition under section 204(a)(1)(H) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor
provision), with respect to status under section 203(b)(5) of
such Act (8 U.S.C. 1153(b)(5)).
(2) A petition under section 216A(c)(1)(A) of such Act (8
U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an
alien’s permanent resident status.
SEC. 11037. AMENDMENTS TO PILOT IMMIGRATION PROGRAM FOR
REGIONAL CENTERS TO PROMOTE ECONOMIC GROWTH.
(a) PURPOSE OF PROGRAM.—Section 610(a) of the Departments
of Commerce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1993 (8 U.S.C. 1153 note), is amended—
(1) by inserting after ‘‘regional center in the United States’’
the following: ‘‘, designated by the Attorney General on the
basis of a general proposal,’’;
(2) by striking ‘‘and increased domestic’’ and inserting ‘‘or
increased domestic’’; and
(3) by adding at the end the following:
‘‘A regional center shall have jurisdiction over a limited geographic
area, which shall be described in the proposal and consistent with
the purpose of concentrating pooled investment in defined economic
zones. The establishment of a regional center may be based on
general predictions, contained in the proposal, concerning the kinds
of commercial enterprises that will receive capital from aliens,
the jobs that will be created directly or indirectly as a result
H. R. 2215—91
of such capital investments, and the other positive economic effects
such capital investments will have.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act and
shall apply to—
(1) any proposal for a regional center pending before the
Attorney General (whether for an initial decision or on appeal)
on or after the date of the enactment of this Act; and
(2) any of the following petitions, if filed on or after the
date of the enactment of this Act:
(A) A petition under section 204(a)(1)(H) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H))
(or any predecessor provision)(or any predecessor provi-
sion), with respect to status under section 203(b)(5) of
such Act (8 U.S.C. 1153(b)(5)).
(B) A petition under section 216A(c)(1)(A) of such Act
(8 U.S.C. 1186b(c)(1)(A)) to remove the conditional basis
of an alien’s permanent resident status.
Subtitle C—Judicial Improvements Act of
2002
SEC. 11041. SHORT TITLE.
This subtitle may be cited as the ‘‘Judicial Improvements Act
of 2002’’.
SEC. 11042. JUDICIAL DISCIPLINE PROCEDURES.
(a) IN GENERAL.—Part I of title 28, United States Code, is
amended by inserting after chapter 15 the following new chapter:
‘‘CHAPTER 16—COMPLAINTS AGAINST JUDGES
AND JUDICIAL DISCIPLINE
‘‘Sec.
‘‘351. Complaints; judge defined.
‘‘352. Review of complaint by chief judge.
‘‘353. Special committees.
‘‘354. Action by judicial council.
‘‘355. Action by Judicial Conference.
‘‘356. Subpoena power.
‘‘357. Review of orders and actions.
‘‘358. Rules.
‘‘359. Restrictions.
‘‘360. Disclosure of information.
‘‘361. Reimbursement of expenses.
‘‘362. Other provisions and rules not affected.
‘‘363. Court of Federal Claims, Court of International Trade, Court of Appeals for
the Federal Circuit.
‘‘364. Effect of felony conviction.
‘‘§ 351. Complaints; judge defined
‘‘(a) FILING
OF
COMPLAINT
BY
ANY
PERSON.—Any person
alleging that a judge has engaged in conduct prejudicial to the
effective and expeditious administration of the business of the
courts, or alleging that such judge is unable to discharge all the
duties of office by reason of mental or physical disability, may
file with the clerk of the court of appeals for the circuit a written
complaint containing a brief statement of the facts constituting
such conduct.
H. R. 2215—92
‘‘(b) IDENTIFYING COMPLAINT BY CHIEF JUDGE.—In the interests
of the effective and expeditious administration of the business of
the courts and on the basis of information available to the chief
judge of the circuit, the chief judge may, by written order stating
reasons therefor, identify a complaint for purposes of this chapter
and thereby dispense with filing of a written complaint.
‘‘(c) TRANSMITTAL OF COMPLAINT.—Upon receipt of a complaint
filed under subsection (a), the clerk shall promptly transmit the
complaint to the chief judge of the circuit, or, if the conduct com-
plained of is that of the chief judge, to that circuit judge in regular
active service next senior in date of commission (hereafter, for
purposes of this chapter only, included in the term ‘chief judge’).
The clerk shall simultaneously transmit a copy of the complaint
to the judge whose conduct is the subject of the complaint. The
clerk shall also transmit a copy of any complaint identified under
subsection (b) to the judge whose conduct is the subject of the
complaint.
‘‘(d) DEFINITIONS.—In this chapter—
‘‘(1) the term ‘judge’ means a circuit judge, district judge,
bankruptcy judge, or magistrate judge; and
‘‘(2) the term ‘complainant’ means the person filing a com-
plaint under subsection (a) of this section.
‘‘§ 352. Review of complaint by chief judge
‘‘(a) EXPEDITIOUS REVIEW; LIMITED INQUIRY.—The chief judge
shall expeditiously review any complaint received under section
351(a) or identified under section 351(b). In determining what action
to take, the chief judge may conduct a limited inquiry for the
purpose of determining—
‘‘(1) whether appropriate corrective action has been or can
be taken without the necessity for a formal investigation; and
‘‘(2) whether the facts stated in the complaint are either
plainly untrue or are incapable of being established through
investigation.
For this purpose, the chief judge may request the judge whose
conduct is complained of to file a written response to the complaint.
Such response shall not be made available to the complainant
unless authorized by the judge filing the response. The chief judge
or his or her designee may also communicate orally or in writing
with the complainant, the judge whose conduct is complained of,
and any other person who may have knowledge of the matter,
and may review any transcripts or other relevant documents. The
chief judge shall not undertake to make findings of fact about
any matter that is reasonably in dispute.
‘‘(b) ACTION
BY
CHIEF
JUDGE
FOLLOWING
REVIEW.—After
expeditiously reviewing a complaint under subsection (a), the chief
judge, by written order stating his or her reasons, may—
‘‘(1) dismiss the complaint—
‘‘(A) if the chief judge finds the complaint to be—
‘‘(i) not in conformity with section 351(a);
‘‘(ii) directly related to the merits of a decision
or procedural ruling; or
‘‘(iii) frivolous, lacking sufficient evidence to raise
an inference that misconduct has occurred, or con-
taining allegations which are incapable of being estab-
lished through investigation; or
H. R. 2215—93
‘‘(B) when a limited inquiry conducted under subsection
(a) demonstrates that the allegations in the complaint lack
any factual foundation or are conclusively refuted by objec-
tive evidence; or
‘‘(2) conclude the proceeding if the chief judge finds that
appropriate corrective action has been taken or that action
on the complaint is no longer necessary because of intervening
events.
The chief judge shall transmit copies of the written order to the
complainant and to the judge whose conduct is the subject of the
complaint.
‘‘(c) REVIEW OF ORDERS OF CHIEF JUDGE.—A complainant or
judge aggrieved by a final order of the chief judge under this
section may petition the judicial council of the circuit for review
thereof. The denial of a petition for review of the chief judge’s
order shall be final and conclusive and shall not be judicially
reviewable on appeal or otherwise.
‘‘(d) REFERRAL OF PETITIONS FOR REVIEW TO PANELS OF THE
JUDICIAL COUNCIL.—Each judicial council may, pursuant to rules
prescribed under section 358, refer a petition for review filed under
subsection (c) to a panel of no fewer than 5 members of the council,
at least 2 of whom shall be district judges.
‘‘§ 353. Special committees
‘‘(a) APPOINTMENT.—If the chief judge does not enter an order
under section 352(b), the chief judge shall promptly—
‘‘(1) appoint himself or herself and equal numbers of circuit
and district judges of the circuit to a special committee to
investigate the facts and allegations contained in the complaint;
‘‘(2) certify the complaint and any other documents per-
taining thereto to each member of such committee; and
‘‘(3) provide written notice to the complainant and the
judge whose conduct is the subject of the complaint of the
action taken under this subsection.
‘‘(b) CHANGE
IN STATUS
OR DEATH
OF JUDGES.—A judge
appointed to a special committee under subsection (a) may continue
to serve on that committee after becoming a senior judge or, in
the case of the chief judge of the circuit, after his or her term
as chief judge terminates under subsection (a)(3) or (c) of section
45. If a judge appointed to a committee under subsection (a) dies,
or retires from office under section 371(a), while serving on the
committee, the chief judge of the circuit may appoint another circuit
or district judge, as the case may be, to the committee.
‘‘(c) INVESTIGATION BY SPECIAL COMMITTEE.—Each committee
appointed under subsection (a) shall conduct an investigation as
extensive as it considers necessary, and shall expeditiously file
a comprehensive written report thereon with the judicial council
of the circuit. Such report shall present both the findings of the
investigation and the committee’s recommendations for necessary
and appropriate action by the judicial council of the circuit.
‘‘§ 354. Action by judicial council
‘‘(a) ACTIONS UPON RECEIPT OF REPORT.—
‘‘(1) ACTIONS.—The judicial council of a circuit, upon receipt
of a report filed under section 353(c)—
‘‘(A) may conduct any additional investigation which
it considers to be necessary;
H. R. 2215—94
‘‘(B) may dismiss the complaint; and
‘‘(C) if the complaint is not dismissed, shall take such
action as is appropriate to assure the effective and expedi-
tious administration of the business of the courts within
the circuit.
‘‘(2) DESCRIPTION OF POSSIBLE ACTIONS IF COMPLAINT NOT
DISMISSED.—
‘‘(A) IN GENERAL.—Action by the judicial council under
paragraph (1)(C) may include—
‘‘(i) ordering that, on a temporary basis for a time
certain, no further cases be assigned to the judge whose
conduct is the subject of a complaint;
‘‘(ii) censuring or reprimanding such judge by
means of private communication; and
‘‘(iii) censuring or reprimanding such judge by
means of public announcement.
‘‘(B) FOR ARTICLE III JUDGES.—If the conduct of a judge
appointed to hold office during good behavior is the subject
of the complaint, action by the judicial council under para-
graph (1)(C) may include—
‘‘(i) certifying disability of the judge pursuant to
the procedures and standards provided under section
372(b); and
‘‘(ii) requesting that the judge voluntarily retire,
with the provision that the length of service require-
ments under section 371 of this title shall not apply.
‘‘(C) FOR MAGISTRATE JUDGES.—If the conduct of a mag-
istrate judge is the subject of the complaint, action by
the judicial council under paragraph (1)(C) may include
directing the chief judge of the district of the magistrate
judge to take such action as the judicial council considers
appropriate.
‘‘(3) 
LIMITATIONS
ON
JUDICIAL
COUNCIL
REGARDING
REMOVALS.—
‘‘(A) ARTICLE III JUDGES.—Under no circumstances may
the judicial council order removal from office of any judge
appointed to hold office during good behavior.
‘‘(B) MAGISTRATE
AND
BANKRUPTCY
JUDGES.—Any
removal of a magistrate judge under this subsection shall
be in accordance with section 631 and any removal of
a bankruptcy judge shall be in accordance with section
152.
‘‘(4) NOTICE
OF
ACTION
TO
JUDGE.—The judicial council
shall immediately provide written notice to the complainant
and to the judge whose conduct is the subject of the complaint
of the action taken under this subsection.
‘‘(b) REFERRAL TO JUDICIAL CONFERENCE.—
‘‘(1) IN
GENERAL.—In addition to the authority granted
under subsection (a), the judicial council may, in its discretion,
refer any complaint under section 351, together with the record
of any associated proceedings and its recommendations for
appropriate action, to the Judicial Conference of the United
States.
‘‘(2) SPECIAL CIRCUMSTANCES.—In any case in which the
judicial council determines, on the basis of a complaint and
an investigation under this chapter, or on the basis of informa-
tion otherwise available to the judicial council, that a judge
H. R. 2215—95
appointed to hold office during good behavior may have engaged
in conduct—
‘‘(A) which might constitute one or more grounds for
impeachment under article II of the Constitution, or
‘‘(B) which, in the interest of justice, is not amenable
to resolution by the judicial council,
the judicial council shall promptly certify such determination,
together with any complaint and a record of any associated
proceedings, to the Judicial Conference of the United States.
‘‘(3) NOTICE
TO
COMPLAINANT
AND
JUDGE.—A judicial
council acting under authority of this subsection shall, unless
contrary to the interests of justice, immediately submit written
notice to the complainant and to the judge whose conduct
is the subject of the action taken under this subsection.
‘‘§ 355. Action by Judicial Conference
‘‘(a) IN GENERAL.—Upon referral or certification of any matter
under section 354(b), the Judicial Conference, after consideration
of the prior proceedings and such additional investigation as it
considers appropriate, shall by majority vote take such action, as
described in section 354(a)(1)(C) and (2), as it considers appropriate.
‘‘(b) IF IMPEACHMENT WARRANTED.—
‘‘(1) IN GENERAL.—If the Judicial Conference concurs in
the determination of the judicial council, or makes its own
determination, that consideration of impeachment may be war-
ranted, it shall so certify and transmit the determination and
the record of proceedings to the House of Representatives for
whatever action the House of Representatives considers to be
necessary. Upon receipt of the determination and record of
proceedings in the House of Representatives, the Clerk of the
House of Representatives shall make available to the public
the determination and any reasons for the determination.
‘‘(2) IN CASE OF FELONY CONVICTION.—If a judge has been
convicted of a felony under State or Federal law and has
exhausted all means of obtaining direct review of the conviction,
or the time for seeking further direct review of the conviction
has passed and no such review has been sought, the Judicial
Conference may, by majority vote and without referral or certifi-
cation under section 354(b), transmit to the House of Represent-
atives a determination that consideration of impeachment may
be warranted, together with appropriate court records, for what-
ever action the House of Representatives considers to be nec-
essary.
‘‘§ 356. Subpoena power
‘‘(a) JUDICIAL COUNCILS AND SPECIAL COMMITTEES.—In con-
ducting any investigation under this chapter, the judicial council,
or a special committee appointed under section 353, shall have
full subpoena powers as provided in section 332(d).
‘‘(b) JUDICIAL CONFERENCE
AND STANDING COMMITTEES.—In
conducting any investigation under this chapter, the Judicial Con-
ference, or a standing committee appointed by the Chief Justice
under section 331, shall have full subpoena powers as provided
in that section.
H. R. 2215—96
‘‘§ 357. Review of orders and actions
‘‘(a) REVIEW OF ACTION OF JUDICIAL COUNCIL.—A complainant
or judge aggrieved by an action of the judicial council under section
354 may petition the Judicial Conference of the United States
for review thereof.
‘‘(b) ACTION
OF JUDICIAL CONFERENCE.—The Judicial Con-
ference, or the standing committee established under section 331,
may grant a petition filed by a complainant or judge under sub-
section (a).
‘‘(c) NO JUDICIAL REVIEW.—Except as expressly provided in
this section and section 352(c), all orders and determinations,
including denials of petitions for review, shall be final and conclu-
sive and shall not be judicially reviewable on appeal or otherwise.
‘‘§ 358. Rules
‘‘(a) IN GENERAL.—Each judicial council and the Judicial Con-
ference may prescribe such rules for the conduct of proceedings
under this chapter, including the processing of petitions for review,
as each considers to be appropriate.
‘‘(b) REQUIRED PROVISIONS.—Rules prescribed under subsection
(a) shall contain provisions requiring that—
‘‘(1) adequate prior notice of any investigation be given
in writing to the judge whose conduct is the subject of a
complaint under this chapter;
‘‘(2) the judge whose conduct is the subject of a complaint
under this chapter be afforded an opportunity to appear (in
person or by counsel) at proceedings conducted by the inves-
tigating panel, to present oral and documentary evidence, to
compel the attendance of witnesses or the production of docu-
ments, to cross-examine witnesses, and to present argument
orally or in writing; and
‘‘(3) the complainant be afforded an opportunity to appear
at proceedings conducted by the investigating panel, if the
panel concludes that the complainant could offer substantial
information.
‘‘(c) PROCEDURES.—Any rule prescribed under this section shall
be made or amended only after giving appropriate public notice
and an opportunity for comment. Any such rule shall be a matter
of public record, and any such rule promulgated by a judicial
council may be modified by the Judicial Conference. No rule promul-
gated under this section may limit the period of time within which
a person may file a complaint under this chapter.
‘‘§ 359. Restrictions
‘‘(a) RESTRICTION ON INDIVIDUALS WHO ARE SUBJECT OF INVES-
TIGATION.—No judge whose conduct is the subject of an investigation
under this chapter shall serve upon a special committee appointed
under section 353, upon a judicial council, upon the Judicial Con-
ference, or upon the standing committee established under section
331, until all proceedings under this chapter relating to such inves-
tigation have been finally terminated.
‘‘(b) AMICUS CURIAE.—No person shall be granted the right
to intervene or to appear as amicus curiae in any proceeding before
a judicial council or the Judicial Conference under this chapter.
H. R. 2215—97
‘‘§ 360. Disclosure of information
‘‘(a) CONFIDENTIALITY OF PROCEEDINGS.—Except as provided
in section 355, all papers, documents, and records of proceedings
related to investigations conducted under this chapter shall be
confidential and shall not be disclosed by any person in any pro-
ceeding except to the extent that—
‘‘(1) the judicial council of the circuit in its discretion
releases a copy of a report of a special committee under section
353(c) to the complainant whose complaint initiated the inves-
tigation by that special committee and to the judge whose
conduct is the subject of the complaint;
‘‘(2) the judicial council of the circuit, the Judicial Con-
ference of the United States, or the Senate or the House of
Representatives by resolution, releases any such material which
is believed necessary to an impeachment investigation or trial
of a judge under article I of the Constitution; or
‘‘(3) such disclosure is authorized in writing by the judge
who is the subject of the complaint and by the chief judge
of the circuit, the Chief Justice, or the chairman of the standing
committee established under section 331.
‘‘(b) PUBLIC AVAILABILITY OF WRITTEN ORDERS.—Each written
order to implement any action under section 354(a)(1)(C), which
is issued by a judicial council, the Judicial Conference, or the
standing committee established under section 331, shall be made
available to the public through the appropriate clerk’s office of
the court of appeals for the circuit. Unless contrary to the interests
of justice, each such order shall be accompanied by written reasons
therefor.
‘‘§ 361. Reimbursement of expenses
‘‘Upon the request of a judge whose conduct is the subject
of a complaint under this chapter, the judicial council may, if
the complaint has been finally dismissed under section 354(a)(1)(B),
recommend that the Director of the Administrative Office of the
United States Courts award reimbursement, from funds appro-
priated to the Federal judiciary, for those reasonable expenses,
including attorneys’ fees, incurred by that judge during the inves-
tigation which would not have been incurred but for the require-
ments of this chapter.
‘‘§ 362. Other provisions and rules not affected
‘‘Except as expressly provided in this chapter, nothing in this
chapter shall be construed to affect any other provision of this
title, the Federal Rules of Civil Procedure, the Federal Rules of
Criminal Procedure, the Federal Rules of Appellate Procedure, or
the Federal Rules of Evidence.
‘‘§ 363. Court of Federal Claims, Court of International Trade,
Court of Appeals for the Federal Circuit
‘‘The United States Court of Federal Claims, the Court of
International Trade, and the Court of Appeals for the Federal
Circuit shall each prescribe rules, consistent with the provisions
of this chapter, establishing procedures for the filing of complaints
with respect to the conduct of any judge of such court and for
the investigation and resolution of such complaints. In investigating
and taking action with respect to any such complaint, each such
H. R. 2215—98
court shall have the powers granted to a judicial council under
this chapter.
‘‘§ 364. Effect of felony conviction
‘‘In the case of any judge or judge of a court referred to in
section 363 who is convicted of a felony under State or Federal
law and has exhausted all means of obtaining direct review of
the conviction, or the time for seeking further direct review of
the conviction has passed and no such review has been sought,
the following shall apply:
‘‘(1) The judge shall not hear or decide cases unless the
judicial council of the circuit (or, in the case of a judge of
a court referred to in section 363, that court) determines other-
wise.
‘‘(2) Any service as such judge or judge of a court referred
to in section 363, after the conviction is final and all time
for filing appeals thereof has expired, shall not be included
for purposes of determining years of service under section
371(c), 377, or 178 of this title or creditable service under
subchapter III of chapter 83, or chapter 84, of title 5.’’.
(b) CONFORMING AMENDMENT.—The table of chapters for part
I of title 28, United States Code, is amended by inserting after
the item relating to chapter 15 the following new item:
‘‘16. Complaints against judges and judicial discipline ............................
351’’.
SEC. 11043. TECHNICAL AMENDMENTS.
(a) RETIREMENT FOR DISABILITY.—(1) Section 372 of title 28,
United States Code, is amended—
(A) in the section caption by striking ‘‘; judicial dis-
cipline’’; and
(B) by striking subsection (c).
(2) The item relating to section 372 in the table of sections
for chapter 17 of title 28, United States Code, is amended by
striking ‘‘; judicial discipline’’.
(b) JUDICIAL CONFERENCE.—Section 331 of title 28, United
States Code, is amended in the fourth undesignated paragraph
by striking ‘‘section 372(c)’’ each place it appears and inserting
‘‘chapter 16’’.
(c) JUDICIAL COUNCILS.—Section 332 of title 28, United States
Code, is amended—
(1) in subsection (d)(2)—
(A) by striking ‘‘section 372(c) of this title’’ and
inserting ‘‘chapter 16 of this title’’; and
(B) by striking ‘‘372(c)(4)’’ and inserting ‘‘353’’; and
(2) by striking the second subsection designated as sub-
section (h).
(d) 
RECALL
OF
BANKRUPTCY
JUDGES
AND
MAGISTRATE
JUDGES.—Section 375(d) of title 28, United States Code, is amended
by striking ‘‘section 372(c)’’ and inserting ‘‘chapter 16’’.
(e) DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE UNITED
STATES COURTS.—Section 604 of title 28, United States Code, is
amended—
(1) in subsection (a)(20)—
(A) in subparagraph (B), by striking ‘‘372(c)(11)’’ and
inserting ‘‘358’’; and
(B) in subparagraph (C), by striking ‘‘372(c)(15)’’ and
inserting ‘‘360(b)’’; and
H. R. 2215—99
(2) in subsection (h)—
(A) in paragraph (1), by striking ‘‘section 372’’ each
place it appears and inserting ‘‘chapter 16’’; and
(B) in paragraph (2), by striking ‘‘section 372(c)’’ and
inserting ‘‘chapter 16’’.
(f) COURT OF APPEALS FOR VETERANS CLAIMS.—Section 7253(g)
of title 38, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘section 372(c)’’ and inserting ‘‘chapter
16’’; and
(B) by striking ‘‘such section’’ and inserting ‘‘such
chapter’’;
(2) in paragraph (2)—
(A) in the first sentence, by striking ‘‘paragraphs (7)
through (15) of section 372(c)’’ and inserting ‘‘sections
354(b) through 360’’; and
(B) in the second sentence, by striking ‘‘paragraph
(7) or (8) of section 372(c)’’ and inserting ‘‘section 354(b)
or 355’’; and
(3) in paragraph (3)(B), by striking ‘‘372(c)(16)’’ and
inserting ‘‘361’’.
SEC. 11044. SEVERABILITY.
If any provision of this subtitle, an amendment made by this
subtitle, or the application of such provision or amendment to
any person or circumstance is held to be unconstitutional, the
remainder of this subtitle, the amendments made by this subtitle,
and the application of the provisions of such to any person or
circumstance shall not be affected thereby.
Subtitle D—Antitrust Modernization
Commission Act of 2002
SEC. 11051. SHORT TITLE.
This subtitle may be cited as the ‘‘Antitrust Modernization
Commission Act of 2002’’.
SEC. 11052. ESTABLISHMENT.
There is established the Antitrust Modernization Commission
(in this subtitle referred to as the ‘‘Commission’’).
SEC. 11053. DUTIES OF THE COMMISSION.
The duties of the Commission are—
(1) to examine whether the need exists to modernize the
antitrust laws and to identify and study related issues;
(2) to solicit views of all parties concerned with the oper-
ation of the antitrust laws;
(3) to evaluate the advisability of proposals and current
arrangements with respect to any issues so identified; and
(4) to prepare and to submit to Congress and the President
a report in accordance with section 11058.
SEC. 11054. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission shall be com-
posed of 12 members appointed as follows:
(1) Four members, no more than 2 of whom shall be of
the same political party, shall be appointed by the President.
H. R. 2215—100
The President shall appoint members of the opposing party
only on the recommendation of the leaders of Congress from
that party.
(2) Two members shall be appointed by the majority leader
of the Senate.
(3) Two members shall be appointed by the minority leader
of the Senate.
(4) Two members shall be appointed by the Speaker of
the House of Representatives.
(5) Two members shall be appointed by the minority leader
of the House of Representatives.
(b) INELIGIBILITY
FOR APPOINTMENT.—Members of Congress
shall be ineligible for appointment to the Commission.
(c) TERM OF APPOINTMENT.—
(1) IN
GENERAL.—Subject to paragraph (2), members of
the Commission shall be appointed for the life of the Commis-
sion.
(2) EARLY TERMINATION OF APPOINTMENT.—If a member
of the Commission who is appointed to the Commission as—
(A) an officer or employee of a government ceases to
be an officer or employee of such government; or
(B) an individual who is not an officer or employee
of a government becomes an officer or employee of a govern-
ment;
then such member shall cease to be a member of the Commis-
sion on the expiration of the 90-day period beginning on the
date such member ceases to be such officer or employee of
such government, or becomes an officer or employee of a govern-
ment, as the case may be.
(d) QUORUM.—Seven members of the Commission shall con-
stitute a quorum, but a lesser number may conduct meetings.
(e) APPOINTMENT DEADLINE.—Initial appointments under sub-
section (a) shall be made not later than 60 days after the date
of enactment of this Act.
(f) MEETINGS.—The Commission shall meet at the call of the
chairperson. The first meeting of the Commission shall be held
not later than 30 days after the date on which all members of
the Commission are first appointed under subsection (a) or funds
are appropriated to carry out this subtitle, whichever occurs later.
(g) VACANCY.—A vacancy on the Commission shall be filled
in the same manner as the initial appointment is made.
(h) CONSULTATION BEFORE APPOINTMENT.—Before appointing
members of the Commission, the President, the majority and
minority leaders of the Senate, the Speaker of the House of Rep-
resentatives, and the minority leader of the House of Representa-
tives shall consult with each other to ensure fair and equitable
representation of various points of view in the Commission.
(i) CHAIRPERSON; VICE CHAIRPERSON.—The President shall
select the chairperson of the Commission from among its appointed
members. The leaders of Congress from the opposing party of the
President shall select the vice chairperson of the Commission from
among its remaining members.
SEC. 11055. COMPENSATION OF THE COMMISSION.
(a) PAY.—
(1) NONGOVERNMENT
EMPLOYEES.—Each member of the
Commission who is not otherwise employed by a government
H. R. 2215—101
shall be entitled to receive the daily equivalent of the annual
rate of basic pay payable for level IV of the Executive Schedule
under section 5315 of title 5 United States Code, as in effect
from time to time, for each day (including travel time) during
which such member is engaged in the actual performance of
duties of the Commission.
(2) GOVERNMENT EMPLOYEES.—A member of the Commis-
sion who is an officer or employee of a government shall serve
without additional pay (or benefits in the nature of compensa-
tion) for service as a member of the Commission.
(b) TRAVEL EXPENSES.—Members of the Commission shall
receive travel expenses, including per diem in lieu of subsistence,
in accordance with subchapter I of chapter 57 of title 5, United
States Code.
SEC. 11056. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) STAFF.—
(1) APPOINTMENT.—The chairperson of the Commission
may, without regard to the provisions of chapter 51 of title
5 of the United States Code (relating to appointments in the
competitive service), appoint and terminate an executive
director and such other staff as are necessary to enable the
Commission to perform its duties. The appointment of an execu-
tive director shall be subject to approval by the Commission.
(2) COMPENSATION.—The chairperson of the Commission
may fix the compensation of the executive director and other
staff without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of title 5 of the United States Code
(relating to classification of positions and General Schedule
pay rates), except that the rate of pay for the executive director
and other staff may not exceed the rate of basic pay payable
for level V of the Executive Schedule under section 5315 of
title 5 United States Code, as in effect from time to time.
(b) EXPERTS AND CONSULTANTS.—The Commission may procure
temporary and intermittent services of experts and consultants
in accordance with section 3109(b) of title 5, United States Code.
SEC. 11057. POWERS OF THE COMMISSION.
(a) HEARINGS AND MEETINGS.—The Commission, or a member
of the Commission if authorized by the Commission, may hold
such hearings, sit and act at such time and places, take such
testimony, and receive such evidence, as the Commission considers
to be appropriate. The Commission or a member of the Commission
may administer oaths or affirmations to witnesses appearing before
the Commission or such member.
(b) OFFICIAL DATA.—The Commission may obtain directly from
any executive agency (as defined in section 105 of title 5 of the
United States Code) or court information necessary to enable it
to carry out its duties under this subtitle. On the request of the
chairperson of the Commission, and consistent with any other law,
the head of an executive agency or of a Federal court shall provide
such information to the Commission.
(c) FACILITIES AND SUPPORT SERVICES.—The Administrator of
General Services shall provide to the Commission on a reimbursable
basis such facilities and support services as the Commission may
request. On request of the Commission, the head of an executive
agency may make any of the facilities or services of such agency
available to the Commission, on a reimbursable or nonreimbursable
H. R. 2215—102
basis, to assist the Commission in carrying out its duties under
this subtitle.
(d) EXPENDITURES AND CONTRACTS.—The Commission or, on
authorization of the Commission, a member of the Commission
may make expenditures and enter into contracts for the procure-
ment of such supplies, services, and property as the Commission
or such member considers to be appropriate for the purpose of
carrying out the duties of the Commission. Such expenditures and
contracts may be made only to such extent or in such amounts
as are provided in advance in appropriation Acts.
(e) MAILS.—The Commission may use the United States mails
in the same manner and under the same conditions as other depart-
ments and agencies of the United States.
(f) GIFTS, BEQUESTS, AND DEVISES.—The Commission may
accept, use, and dispose of gifts, bequests, or devises of services
or property, both real and personal, for the purpose of aiding
or facilitating the work of the Commission. Gifts, bequests, or
devises of money and proceeds from sales of other property received
as gifts, bequests, or devises shall be deposited in the Treasury
and shall be available for disbursement upon order of the Commis-
sion.
SEC. 11058. REPORT.
Not later than 3 years after the first meeting of the Commis-
sion, the Commission shall submit to Congress and the President
a report containing a detailed statement of the findings and conclu-
sions of the Commission, together with recommendations for legisla-
tive or administrative action the Commission considers to be appro-
priate.
SEC. 11059. TERMINATION OF COMMISSION.
The Commission shall cease to exist 30 days after the date
on which the report required by section 8 is submitted.
SEC. 11060. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $4,000,000 to carry
out this subtitle.
TITLE II—JUVENILE JUSTICE
Subtitle A—Juvenile Offender
Accountability
SEC. 12101. SHORT TITLE.
This subtitle may be cited as the ‘‘Consequences for Juvenile
Offenders Act of 2002’’.
SEC. 12102. JUVENILE OFFENDER ACCOUNTABILITY.
(a) GRANT PROGRAM.—Part R of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.)
is amended to read as follows:
H. R. 2215—103
‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK
GRANTS
‘‘SEC. 1801. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Attorney General is authorized to pro-
vide grants to States, for use by States and units of local govern-
ment, and in certain cases directly to specially qualified units.
‘‘(b) AUTHORIZED ACTIVITIES.—Amounts paid to a State or a
unit of local government under this part shall be used by the
State or unit of local government for the purpose of strengthening
the juvenile justice system, which includes—
‘‘(1) developing, implementing, and administering grad-
uated sanctions for juvenile offenders;
‘‘(2) building, expanding, renovating, or operating tem-
porary or permanent juvenile correction, detention, or commu-
nity corrections facilities;
‘‘(3) hiring juvenile court judges, probation officers, and
court-appointed defenders and special advocates, and funding
pretrial services (including mental health screening and assess-
ment) for juvenile offenders, to promote the effective and expedi-
tious administration of the juvenile justice system;
‘‘(4) hiring additional prosecutors, so that more cases
involving violent juvenile offenders can be prosecuted and case
backlogs reduced;
‘‘(5) providing funding to enable prosecutors to address
drug, gang, and youth violence problems more effectively and
for technology, equipment, and training to assist prosecutors
in identifying and expediting the prosecution of violent juvenile
offenders;
‘‘(6) establishing and maintaining training programs for
law enforcement and other court personnel with respect to
preventing and controlling juvenile crime;
‘‘(7) establishing juvenile gun courts for the prosecution
and adjudication of juvenile firearms offenders;
‘‘(8) establishing drug court programs for juvenile offenders
that provide continuing judicial supervision over juvenile
offenders with substance abuse problems and the integrated
administration of other sanctions and services for such
offenders;
‘‘(9) establishing and maintaining a system of juvenile
records designed to promote public safety;
‘‘(10) establishing and maintaining interagency informa-
tion-sharing programs that enable the juvenile and criminal
justice systems, schools, and social services agencies to make
more informed decisions regarding the early identification, con-
trol, supervision, and treatment of juveniles who repeatedly
commit serious delinquent or criminal acts;
‘‘(11) establishing and maintaining accountability-based
programs designed to reduce recidivism among juveniles who
are referred by law enforcement personnel or agencies;
‘‘(12) establishing and maintaining programs to conduct
risk and need assessments of juvenile offenders that facilitate
the effective early intervention and the provision of comprehen-
sive services, including mental health screening and treatment
and substance abuse testing and treatment to such offenders;
H. R. 2215—104
‘‘(13) establishing and maintaining accountability-based
programs that are designed to enhance school safety;
‘‘(14) establishing and maintaining restorative justice pro-
grams;
‘‘(15) establishing and maintaining programs to enable juve-
nile courts and juvenile probation officers to be more effective
and efficient in holding juvenile offenders accountable and
reducing recidivism; or
‘‘(16) hiring detention and corrections personnel, and estab-
lishing and maintaining training programs for such personnel
to improve facility practices and programming.
‘‘(c) DEFINITION.—In this section the term ‘restorative justice
program’ means a program that emphasizes the moral account-
ability of an offender toward the victim and the affected community
and may include community reparations boards, restitution (in
the form of monetary payment or service to the victim or, where
no victim can be identified, service to the affected community),
and mediation between victim and offender.
‘‘SEC. 1801A. TRIBAL GRANT PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—From the amount reserved under section
1810(b), the Attorney General shall make grants to Indian tribes
for programs to strengthen tribal juvenile justice systems and to
hold tribal youth accountable.
‘‘(b) ELIGIBILITY.—Indian tribes, as defined by section 102 of
the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
479a), or a consortia of such tribes, shall submit to the Attorney
General an application in such form and containing such informa-
tion as the Attorney General may require. Only tribes that carry
out tribal juvenile justice functions shall be eligible to receive a
grant under this section.
‘‘(c) AWARDS.—The Attorney General shall award grants under
this section on a competitive basis.
‘‘(d) GUIDELINES.—The Attorney General shall issue guidelines
establishing application, use, and award criteria and processes con-
sistent with the purposes and requirements of this Act.
‘‘SEC. 1802. GRANT ELIGIBILITY.
‘‘(a) STATE ELIGIBILITY.—To be eligible to receive a grant under
this part, a State shall submit to the Attorney General an applica-
tion at such time, in such form, and containing such assurances
and information as the Attorney General may require by guidelines,
including—
‘‘(1) information about—
‘‘(A) the activities proposed to be carried out with such
grant; and
‘‘(B) the criteria by which the State proposes to assess
the effectiveness of such activities on achieving the pur-
poses of this part; and
‘‘(2) assurances that the State and any unit of local govern-
ment to which the State provides funding under section 1803(b),
has in effect (or shall have in effect, not later than 1 year
after the date that the State submits such application) laws,
or has implemented (or shall implement, not later than 1 year
after the date that the State submits such application) policies
and programs, that provide for a system of graduated sanctions
described in subsection (d).
‘‘(b) LOCAL ELIGIBILITY.—
H. R. 2215—105
‘‘(1) SUBGRANT
ELIGIBILITY.—To be eligible to receive a
subgrant, a unit of local government, other than a specially
qualified unit, shall provide to the State—
‘‘(A) information about—
‘‘(i) the activities proposed to be carried out with
such subgrant; and
‘‘(ii) the criteria by which the unit proposes to
assess the effectiveness of such activities on achieving
the purposes of this part; and
‘‘(B) such assurances as the State shall require, that,
to the maximum extent applicable, the unit of local govern-
ment has in effect (or shall have in effect, not later than
1 year after the date that the unit submits such application)
laws, or has implemented (or shall implement, not later
than 1 year after the date that the unit submits such
application) policies and programs, that provide for a
system of graduated sanctions described in subsection (d).
‘‘(2) SPECIAL
RULE.—The requirements of paragraph (1)
shall apply to a specially qualified unit that receives funds
from the Attorney General under section 1803(e), except that
information that is otherwise required to be submitted to the
State shall be submitted to the Attorney General.
‘‘(c) ROLE OF COURTS.—In the development of the grant applica-
tion, the States and units of local governments shall take into
consideration the needs of the judicial branch in strengthening
the juvenile justice system and specifically seek the advice of the
chief of the highest court of the State and where appropriate,
the chief judge of the local court, with respect to the application.
‘‘(d) GRADUATED SANCTIONS.—A system of graduated sanctions,
which may be discretionary as provided in subsection (e), shall
ensure, at a minimum, that—
‘‘(1) sanctions are imposed on a juvenile offender for each
delinquent offense;
‘‘(2) sanctions escalate in intensity with each subsequent,
more serious delinquent offense;
‘‘(3) there is sufficient flexibility to allow for individualized
sanctions and services suited to the individual juvenile offender;
and
‘‘(4) appropriate consideration is given to public safety and
victims of crime.
‘‘(e) DISCRETIONARY USE OF SANCTIONS.—
‘‘(1) VOLUNTARY PARTICIPATION.—A State or unit of local
government may be eligible to receive a grant under this part
if—
‘‘(A) its system of graduated sanctions is discretionary;
and
‘‘(B) it demonstrates that it has promoted the use of
a system of graduated sanctions by taking steps to encour-
age implementation of such a system by juvenile courts.
‘‘(2) REPORTING
REQUIREMENT
IF
GRADUATED
SANCTIONS
NOT USED.—
‘‘(A) JUVENILE COURTS.—A State or unit of local govern-
ment in which the imposition of graduated sanctions is
discretionary shall require each juvenile court within its
jurisdiction—
‘‘(i) which has not implemented a system of grad-
uated sanctions, to submit an annual report that
H. R. 2215—106
explains why such court did not implement graduated
sanctions; and
‘‘(ii) which has implemented a system of graduated
sanctions but has not imposed graduated sanctions
in all cases, to submit an annual report that explains
why such court did not impose graduated sanctions
in all cases.
‘‘(B) UNITS OF LOCAL GOVERNMENT.—Each unit of local
government, other than a specially qualified unit, that
has 1 or more juvenile courts that use a discretionary
system of graduated sanctions shall collect the information
reported under subparagraph (A) for submission to the
State each year.
‘‘(C) STATES.—Each State and specially qualified unit
that has 1 or more juvenile courts that use a discretionary
system of graduated sanctions shall collect the information
reported under subparagraph (A) for submission to the
Attorney General each year. A State shall also collect and
submit to the Attorney General the information collected
under subparagraph (B).
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) DISCRETIONARY.—The term ‘discretionary’ means that
a system of graduated sanctions is not required to be imposed
by each and every juvenile court in a State or unit of local
government.
‘‘(2) SANCTIONS.—The term ‘sanctions’ means tangible,
proportional consequences that hold the juvenile offender
accountable for the offense committed. A sanction may include
counseling, restitution, community service, a fine, supervised
probation, or confinement.
‘‘SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE ALLOCATION.—
‘‘(1) IN GENERAL.—In accordance with regulations promul-
gated pursuant to this part and except as provided in paragraph
(3), the Attorney General shall allocate—
‘‘(A) 0.50 percent for each State; and
‘‘(B) of the total funds remaining after the allocation
under subparagraph (A), to each State, an amount which
bears the same ratio to the amount of remaining funds
described in this subparagraph as the population of people
under the age of 18 living in such State for the most
recent calendar year in which such data is available bears
to the population of people under the age of 18 of all
the States for such fiscal year.
‘‘(2) PROHIBITION.—No funds allocated to a State under
this subsection or received by a State for distribution under
subsection (b) may be distributed by the Attorney General
or by the State involved for any program other than a program
contained in an approved application.
‘‘(b) LOCAL DISTRIBUTION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
each State which receives funds under subsection (a)(1) in
a fiscal year shall distribute among units of local government,
for the purposes specified in section 1801, not less than 75
percent of such amounts received.
H. R. 2215—107
‘‘(2) WAIVER.—If a State submits to the Attorney General
an application for waiver that demonstrates and certifies to
the Attorney General that—
‘‘(A) the State’s juvenile justice expenditures in the
fiscal year preceding the date in which an application is
submitted under this part (the ‘State percentage’) is more
than 25 percent of the aggregate amount of juvenile justice
expenditures by the State and its eligible units of local
government; and
‘‘(B) the State has consulted with as many units of
local government in such State, or organizations rep-
resenting such units, as practicable regarding the State’s
calculation of expenditures under subparagraph (A), the
State’s application for waiver under this paragraph, and
the State’s proposed uses of funds.
‘‘(3) ALLOCATION.—In making the distribution under para-
graph (1), the State shall allocate to such units of local govern-
ment an amount which bears the same ratio to the aggregate
amount of such funds as—
‘‘(A) the sum of—
‘‘(i) the product of—
‘‘(I) three-quarters; multiplied by
‘‘(II) the average juvenile justice expenditure
for such unit of local government for the 3 most
recent calendar years for which such data is avail-
able; plus
‘‘(ii) the product of—
‘‘(I) one-quarter; multiplied by
‘‘(II) the average annual number of part 1
violent crimes in such unit of local government
for the 3 most recent calendar years for which
such data is available, bears to—
‘‘(B) the sum of the products determined under
subparagraph (A) for all such units of local government
in the State.
‘‘(4) EXPENDITURES.—The allocation any unit of local
government shall receive under paragraph (3) for a payment
period shall not exceed 100 percent of juvenile justice expendi-
tures of the unit for such payment period.
‘‘(5) REALLOCATION.—The amount of any unit of local
government’s allocation that is not available to such unit by
operation of paragraph (4) shall be available to other units
of local government that are not affected by such operation
in accordance with this subsection.
‘‘(c) UNAVAILABILITY OF DATA FOR UNITS OF LOCAL GOVERN-
MENT.—If the State has reason to believe that the reported rate
of part 1 violent crimes or juvenile justice expenditures for a unit
of local government is insufficient or inaccurate, the State shall—
‘‘(1) investigate the methodology used by the unit to deter-
mine the accuracy of the submitted data; and
‘‘(2) if necessary, use the best available comparable data
regarding the number of violent crimes or juvenile justice
expenditures for the relevant years for the unit of local govern-
ment.
‘‘(d) LOCAL
GOVERNMENT
WITH
ALLOCATIONS
LESS
THAN
$10,000.—If under this section a unit of local government is allo-
cated less than $10,000 for a payment period, the amount allotted
H. R. 2215—108
shall be expended by the State on services to units of local govern-
ment whose allotment is less than such amount in a manner con-
sistent with this part.
‘‘(e) DIRECT GRANTS TO SPECIALLY QUALIFIED UNITS.—
‘‘(1) IN
GENERAL.—If a State does not qualify or apply
for funds reserved for allocation under subsection (a) by the
application deadline established by the Attorney General, the
Attorney General shall reserve not more than 75 percent of
the allocation that the State would have received under sub-
section (a) for such fiscal year to provide grants to specially
qualified units which meet the requirements for funding under
section 1802.
‘‘(2) AWARD BASIS.—In addition to the qualification require-
ments for direct grants for specially qualified units the Attorney
General may use the average amount allocated by the States
to units of local government as a basis for awarding grants
under this section.
‘‘SEC. 1804. GUIDELINES.
‘‘(a) IN GENERAL.—The Attorney General shall issue guidelines
establishing procedures under which a State or specifically qualified
unit of local government that receives funds under section 1803
is required to provide notice to the Attorney General regarding
the proposed use of funds made available under this part.
‘‘(b) ADVISORY BOARD.—
‘‘(1) IN GENERAL.—The guidelines referred to in subsection
(a) shall include a requirement that such eligible State or
unit of local government establish and convene an advisory
board to recommend a coordinated enforcement plan for the
use of such funds.
‘‘(2) MEMBERSHIP.—The board shall include representation
from, if appropriate—
‘‘(A) the State or local police department;
‘‘(B) the local sheriff’s department;
‘‘(C) the State or local prosecutor’s office;
‘‘(D) the State or local juvenile court;
‘‘(E) the State or local probation office;
‘‘(F) the State or local educational agency;
‘‘(G) a State or local social service agency;
‘‘(H) a nonprofit, nongovernmental victim advocacy
organization; and
‘‘(I) a nonprofit, religious, or community group.
‘‘SEC. 1805. PAYMENT REQUIREMENTS.
‘‘(a) TIMING OF PAYMENTS.—The Attorney General shall pay
to each State or specifically qualified unit of local government
that receives funds under section 1803 that has submitted an
application under this part the amount awarded to such State
or unit of local government not later than the later of—
‘‘(1) the date that is 180 days after the date that the
amount is available; or
‘‘(2) the first day of the payment period if the State has
provided the Attorney General with the assurances required
by subsection (c).
‘‘(b) REPAYMENT OF UNEXPENDED AMOUNTS.—
‘‘(1) REPAYMENT REQUIRED.—From amounts awarded under
this part, a State or specially qualified unit shall repay to
the Attorney General, before the expiration of the 36-month
H. R. 2215—109
period beginning on the date of the award, any amount that
is not expended by such State or unit.
‘‘(2) EXTENSION.—The Attorney General may adopt policies
and procedures providing for a one-time extension, by not more
than 12 months, of the period referred to in paragraph (1).
‘‘(3) PENALTY
FOR
FAILURE
TO
REPAY.—If the amount
required to be repaid is not repaid, the Attorney General shall
reduce payment in future payment periods accordingly.
‘‘(4) DEPOSIT OF AMOUNTS REPAID.—Amounts received by
the Attorney General as repayments under this subsection shall
be deposited in a designated fund for future payments to States
and specially qualified units.
‘‘(c) ADMINISTRATIVE COSTS.—A State or unit of local govern-
ment that receives funds under this part may use not more than
5 percent of such funds to pay for administrative costs.
‘‘(d) NONSUPPLANTING REQUIREMENT.—Funds made available
under this part to States and units of local government shall not
be used to supplant State or local funds as the case may be,
but shall be used to increase the amount of funds that would,
in the absence of funds made available under this part, be made
available from State or local sources, as the case may be.
‘‘(e) MATCHING FUNDS.—
‘‘(1) IN GENERAL.—The Federal share of a grant received
under this part may not exceed 90 percent of the total program
costs.
‘‘(2) CONSTRUCTION OF FACILITIES.—Notwithstanding para-
graph (1), with respect to the cost of constructing juvenile
detention or correctional facilities, the Federal share of a grant
received under this part may not exceed 50 percent of approved
cost.
‘‘SEC. 1806. UTILIZATION OF PRIVATE SECTOR.
‘‘Funds or a portion of funds allocated under this part may
be used by a State or unit of local government that receives a
grant under this part to contract with private, nonprofit entities,
or community-based organizations to carry out the purposes speci-
fied under section 1801(b).
‘‘SEC. 1807. ADMINISTRATIVE PROVISIONS.
‘‘(a) IN GENERAL.—A State or specially qualified unit that
receives funds under this part shall—
‘‘(1) establish a trust fund in which the government will
deposit all payments received under this part;
‘‘(2) use amounts in the trust fund (including interest)
during the period specified in section 1805(b)(1) and any exten-
sion of that period under section 1805(b)(2);
‘‘(3) designate an official of the State or specially qualified
unit to submit reports as the Attorney General reasonably
requires, in addition to the annual reports required under this
part; and
‘‘(4) spend the funds only for the purpose of strengthening
the juvenile justice system.
‘‘(b) TITLE I PROVISIONS.—Except as otherwise provided, the
administrative provisions of part H shall apply to this part and
for purposes of this section any reference in such provisions to
title I shall be deemed to include a reference to this part.
H. R. 2215—110
‘‘SEC. 1808. ASSESSMENT REPORTS.
‘‘(a) REPORTS TO ATTORNEY GENERAL.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (4),
for each fiscal year for which a grant or subgrant is awarded
under this part, each State or specially qualified unit of local
government that receives such a grant shall submit to the
Attorney General a grant report, and each unit of local govern-
ment that receives such a subgrant shall submit to the State
a subgrant report, at such time and in such manner as the
Attorney General may reasonably require.
‘‘(2) GRANT REPORT.—Each grant report required by para-
graph (1) shall include—
‘‘(A) a summary of the activities carried out with such
grant;
‘‘(B) if such activities included any subgrant, a sum-
mary of the activities carried out with each such subgrant;
and
‘‘(C) an assessment of the effectiveness of such activi-
ties on achieving the purposes of this part.
‘‘(3) SUBGRANT REPORT.—Each subgrant report required by
paragraph (1) shall include—
‘‘(A) a summary of the activities carried out with such
subgrant; and
‘‘(B) an assessment of the effectiveness of such activi-
ties on achieving the purposes of this part.
‘‘(4) WAIVERS.—The Attorney General may waive the
requirement of an assessment in paragraph (2)(C) for a State
or specially qualified unit of local government, or in paragraph
(3)(B) for a unit of local government, if the Attorney General
determines that—
‘‘(A) the nature of the activities are such that assessing
their effectiveness would not be practical or insightful;
‘‘(B) the amount of the grant or subgrant is such that
carrying out the assessment would not be an effective
use of those amounts; or
‘‘(C) the resources available to the State or unit are
such that carrying out the assessment would pose a finan-
cial hardship on the State or unit.
‘‘(b) REPORTS TO CONGRESS.—Not later than 120 days after
the last day of each fiscal year for which 1 or more grants are
awarded under this part, the Attorney General shall submit to
Congress a report, which shall include—
‘‘(1) a summary of the information provided under sub-
section (a);
‘‘(2) an assessment by the Attorney General of the grant
program carried out under this part; and
‘‘(3) such other information as the Attorney General con-
siders appropriate.
‘‘SEC. 1809. DEFINITIONS.
‘‘In this part:
‘‘(1) UNIT OF LOCAL GOVERNMENT.—The term ‘unit of local
government’ means—
‘‘(A) a county, township, city, or political subdivision
of a county, township, or city, that is a unit of local govern-
ment as determined by the Secretary of Commerce for
general statistical purposes;
H. R. 2215—111
‘‘(B) any law enforcement district or judicial enforce-
ment district that—
‘‘(i) is established under applicable State law; and
‘‘(ii) has the authority, in a manner independent
of other State entities, to establish a budget and raise
revenues; and
‘‘(C) the District of Columbia and the recognized gov-
erning body of an Indian tribe or Alaskan Native village
that carries out substantial governmental duties and
powers.
‘‘(2) SPECIALLY QUALIFIED UNIT.—The term ‘specially quali-
fied unit’ means a unit of local government which may receive
funds under this part only in accordance with section 1803(e).
‘‘(3) STATE.—The term ‘State’ means any State of the
United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands, except that—
‘‘(A) the Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands (the ‘partial States’) shall
collectively be considered as 1 State; and
‘‘(B) for purposes of section 1803(a), the amount allo-
cated to a partial State shall bear the same proportion
to the amount collectively allocated to the partial States
as the population of the partial State bears to the collective
population of the partial States.
‘‘(4) JUVENILE.—The term ‘juvenile’ means an individual
who is 17 years of age or younger.
‘‘(5) JUVENILE JUSTICE EXPENDITURES.—The term ‘juvenile
justice expenditures’ means expenditures in connection with
the juvenile justice system, including expenditures in connec-
tion with such system to carry out—
‘‘(A) activities specified in section 1801(b); and
‘‘(B) other activities associated with prosecutorial and
judicial services and corrections as reported to the Bureau
of the Census for the fiscal year preceding the fiscal year
for which a determination is made under this part.
‘‘(6) PART
VIOLENT
CRIMES.—The term ‘part 1 violent
crimes’ means murder and nonnegligent manslaughter, forcible
rape, robbery, and aggravated assault as reported to the Federal
Bureau of Investigation for purposes of the Uniform Crime
Reports.
‘‘SEC. 1810. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appropriated
to carry out this part, $350,000,000 for each of fiscal years 2002
through 2005.
‘‘(b) OVERSIGHT ACCOUNTABILITY AND ADMINISTRATION.—
‘‘(1) IN GENERAL.—Of the amount authorized to be appro-
priated under section 261 of title II of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et
seq.), there shall be available to the Attorney General, for
each of the fiscal years 2002 through 2004 (as applicable),
to remain available until expended—
‘‘(A) not more than 2 percent of that amount, for
research, evaluation, and demonstration consistent with
this part;
H. R. 2215—112
‘‘(B) not more than 2 percent of that amount, for
training and technical assistance; and
‘‘(C) not more than 1 percent, for administrative costs
to carry out the purposes of this part.
‘‘(2) OVERSIGHT PLAN.—The Attorney General shall estab-
lish and execute an oversight plan for monitoring the activities
of grant recipients.
‘‘(c) TRIBAL SET-ASIDE.—Of the amounts appropriated under
subsection (a), 2 percent shall be made available for programs
that receive grants under section 1801A.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the first day of the first fiscal year that
begins after the date of enactment of this Act.
(c) TRANSITION OF JUVENILE ACCOUNTABILITY INCENTIVE BLOCK
GRANTS PROGRAM.—For each grant made from amounts made avail-
able for the Juvenile Accountability Incentive Block Grants program
(as described under the heading ‘‘VIOLENT CRIME REDUCTION
PROGRAMS, 
STATE 
AND 
LOCAL 
LAW 
ENFORCEMENT
ASSISTANCE’’ in the Department of Justice Appropriations Act,
2000 (as enacted by Public Law 106–113; 113 Stat. 1537–14)),
the grant award shall remain available to the grant recipient for
not more than 36 months after the date of receipt of the grant.
Subtitle B—Juvenile Justice and
Delinquency Prevention Act of 2002
SEC. 12201. SHORT TITLE.
This subtitle may be cited as the ‘‘Juvenile Justice and Delin-
quency Prevention Act of 2002’’.
SEC. 12202. FINDINGS.
Section 101 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5601) is amended to read as follows:
‘‘FINDINGS
‘‘SEC. 101. (a) The Congress finds the following:
‘‘(1) Although the juvenile violent crime arrest rate in 1999
was the lowest in the decade, there remains a consensus that
the number of crimes and the rate of offending by juveniles
nationwide is still too high.
‘‘(2) According to the Office of Juvenile Justice and Delin-
quency Prevention, allowing 1 youth to leave school for a life
of crime and of drug abuse costs society $1,700,000 to
$2,300,000 annually.
‘‘(3) One in every 6 individuals (16.2 percent) arrested
for committing violent crime in 1999 was less than 18 years
of age. In 1999, juveniles accounted for 9 percent of murder
arrests, 17 percent of forcible rape arrests, 25 percent of robbery
arrest, 14 percent of aggravated assault arrests, and 24 percent
of weapons arrests.
‘‘(4) More than 1⁄2 of juvenile murder victims are killed
with firearms. Of the nearly 1,800 murder victims less than
18 years of age, 17 percent of the victims less than 13 years
of age were murdered with a firearm, and 81 percent of the
victims 13 years of age or older were killed with a firearm.
H. R. 2215—113
‘‘(5) Juveniles accounted for 13 percent of all drug abuse
violation arrests in 1999. Between 1990 and 1999, juvenile
arrests for drug abuse violations rose 132 percent.
‘‘(6) Over the last 3 decades, youth gang problems have
increased nationwide. In the 1970’s, 19 States reported youth
gang problems. By the late 1990’s, all 50 States and the District
of Columbia reported gang problems. For the same period,
the number of cities reporting youth gang problems grew 843
percent, and the number of counties reporting gang problems
increased more than 1,000 percent.
‘‘(7) According to a national crime survey of individuals
12 years of age or older during 1999, those 12 to 19 years
old are victims of violent crime at higher rates than individuals
in all other age groups. Only 30.8 percent of these violent
victimizations were reported by youth to police in 1999.
‘‘(8) One-fifth of juveniles 16 years of age who had been
arrested were first arrested before attaining 12 years of age.
Juveniles who are known to the juvenile justice system before
attaining 13 years of age are responsible for a disproportionate
share of serious crimes and violence.
‘‘(9) The increase in the arrest rates for girls and young
juvenile offenders has changed the composition of violent
offenders entering the juvenile justice system.
‘‘(10) These problems should be addressed through a 2-
track common sense approach that addresses the needs of indi-
vidual juveniles and society at large by promoting—
‘‘(A) quality prevention programs that—
‘‘(i) work with juveniles, their families, local public
agencies, and community-based organizations, and
take into consideration such factors as whether or not
juveniles have been the victims of family violence
(including child abuse and neglect); and
‘‘(ii) are designed to reduce risks and develop com-
petencies in at-risk juveniles that will prevent, and
reduce the rate of, violent delinquent behavior; and
‘‘(B) programs that assist in holding juveniles account-
able for their actions and in developing the competencies
necessary to become responsible and productive members
of their communities, including a system of graduated sanc-
tions to respond to each delinquent act, requiring juveniles
to make restitution, or perform community service, for
the damage caused by their delinquent acts, and methods
for increasing victim satisfaction with respect to the pen-
alties imposed on juveniles for their acts.
‘‘(11) Coordinated juvenile justice and delinquency preven-
tion projects that meet the needs of juveniles through the
collaboration of the many local service systems juveniles
encounter can help prevent juveniles from becoming delinquent
and help delinquent youth return to a productive life.
‘‘(b) Congress must act now to reform this program by focusing
on juvenile delinquency prevention programs, as well as programs
that hold juveniles accountable for their acts and which provide
opportunities for competency development. Without true reform,
the juvenile justice system will not be able to overcome the chal-
lenges it will face in the coming years when the number of juveniles
is expected to increase by 18 percent between 2000 and 2030.’’.
H. R. 2215—114
SEC. 12203. PURPOSE.
Section 102 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5602) is amended to read as follows:
‘‘PURPOSES
‘‘SEC. 102. The purposes of this title and title II are—
‘‘(1) to support State and local programs that prevent juve-
nile involvement in delinquent behavior;
‘‘(2) to assist State and local governments in promoting
public safety by encouraging accountability for acts of juvenile
delinquency; and
‘‘(3) to assist State and local governments in addressing
juvenile crime through the provision of technical assistance,
research, training, evaluation, and the dissemination of
information on effective programs for combating juvenile delin-
quency.’’.
SEC. 12204. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5603) is amended—
(1) in paragraph (3) by striking ‘‘to help prevent juvenile
delinquency’’ and inserting ‘‘designed to reduce known risk
factors for juvenile delinquent behavior, provides activities that
build on protective factors for, and develop competencies in,
juveniles to prevent, and reduce the rate of, delinquent juvenile
behavior’’,
(2) in paragraph (4) by inserting ‘‘title I of’’ before ‘‘the
Omnibus’’ each place it appears,
(3) in paragraph (7) by striking ‘‘the Trust Territory of
the Pacific Islands,’’,
(4) in paragraph (12)(B) by striking ‘‘, of any nonoffender,’’,
(5) in paragraph (13)(B) by striking ‘‘, any nonoffender,’’,
(6) in paragraph (14) by inserting ‘‘drug trafficking,’’ after
‘‘assault,’’,
(7) in paragraph (16)—
(A) in subparagraph (A) by adding ‘‘and’’ at the end,
and
(B) by striking subparagraph (C),
(8) in paragraph (22)—
(A) by redesignating subparagraphs (i), (ii), and (iii)
as subparagraphs (A), (B), and (C), respectively, and
(B) by striking ‘‘and’’ at the end,
(9) in paragraph (23) by striking the period at the end
and inserting a semicolon, and
(10) by adding at the end the following:
‘‘(24) the term ‘graduated sanctions’ means an account-
ability-based, graduated series of sanctions (including incen-
tives, treatment, and services) applicable to juveniles within
the juvenile justice system to hold such juveniles accountable
for their actions and to protect communities from the effects
of juvenile delinquency by providing appropriate sanctions for
every act for which a juvenile is adjudicated delinquent, by
inducing their law-abiding behavior, and by preventing their
subsequent involvement with the juvenile justice system;
‘‘(25) the term ‘contact’ means the degree of interaction
allowed between juvenile offenders in a secure custody status
and incarcerated adults under section 31.303(d)(1)(i) of title
H. R. 2215—115
28, Code of Federal Regulations, as in effect on December
10, 1996;
‘‘(26) the term ‘adult inmate’ means an individual who—
‘‘(A) has reached the age of full criminal responsi-
bility under applicable State law; and
‘‘(B) has been arrested and is in custody for or
awaiting trial on a criminal charge, or is convicted
of a criminal offense;
‘‘(27) the term ‘violent crime’ means—
‘‘(A) murder or nonnegligent manslaughter, forcible
rape, or robbery, or
‘‘(B) aggravated assault committed with the use of
a firearm;
‘‘(28) the term ‘collocated facilities’ means facilities that
are located in the same building, or are part of a related
complex of buildings located on the same grounds; and
‘‘(29) the term ‘related complex of buildings’ means 2 or
more buildings that share—
‘‘(A) physical features, such as walls and fences, or
services beyond mechanical services (heating, air condi-
tioning, water and sewer); or
‘‘(B) the specialized services that are allowable under
section 31.303(e)(3)(i)(C)(3) of title 28 of the Code of Federal
Regulations, as in effect on December 10, 1996.’’.
SEC. 12205. CONCENTRATION OF FEDERAL EFFORT.
Section 204 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5614) is amended—
(1) in subsection (b)—
(A) in paragraph (3) by striking ‘‘and of the prospective’’
and all that follows through ‘‘administered’’,
(B) in paragraph (5) by striking ‘‘parts C and D’’ each
place it appears and inserting ‘‘parts D and E’’, and
(C) by amending paragraph (7) to read as follows:
‘‘(7) not later than 1 year after the date of the enactment
of this paragraph, issue model standards for providing mental
health care to incarcerated juveniles.’’,
(2) in subsection (c) by striking ‘‘and reports’’ and all that
follows through ‘‘this part’’, and inserting ‘‘as may be appro-
priate to prevent the duplication of efforts, and to coordinate
activities, related to the prevention of juvenile delinquency’’,
(3) by amending subsection (d) to read as follows:
‘‘(d) The Administrator shall have the sole authority to delegate
any of the functions of the Administrator under this Act.’’;
(4) by striking subsection (i), and
(5) by redesignating subsection (h) as subsection (f).
SEC. 12206. COORDINATING COUNCIL ON JUVENILE JUSTICE AND
DELINQUENCY PREVENTION.
Section 206(c)(2)(B) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616(c)(2)(B)) is amended by
striking ‘‘Education and Labor’’ and inserting ‘‘Education and the
Workforce’’.
SEC. 12207. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5617) is amended by striking paragraphs
(4) and (5), and inserting the following:
H. R. 2215—116
‘‘(4) An evaluation of the programs funded under this title
and their effectiveness in reducing the incidence of juvenile
delinquency, particularly violent crime, committed by juve-
niles.’’.
SEC. 12208. ALLOCATION.
Section 222 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5632) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) by striking ‘‘(other than parts D and E)’’,
(II) by striking ‘‘amount, up to $400,000,’’ and
inserting ‘‘amount up to $400,000’’,
(III) by striking ‘‘1992’’ the 1st place it appears
and inserting ‘‘2000,’’,
(IV) by striking ‘‘1992’’ the last place it appears
and inserting ‘‘2000’’,
(V) by striking ‘‘the Trust Territory of the
Pacific Islands,’’, and
(VI) by striking ‘‘amount, up to $100,000,’’ and
inserting ‘‘amount up to $100,000’’,
(ii) in subparagraph (B)—
(I) by striking ‘‘(other than part D)’’,
(II) by striking ‘‘$400,000’’ and inserting
‘‘$600,000’’,
(III) by striking ‘‘or such greater amount, up
to $600,000’’ and all that follows through ‘‘section
299(a) (1) and (3)’’,
(IV) by striking ‘‘the Trust Territory of the
Pacific Islands,’’,
(V) by striking ‘‘amount, up to $100,000,’’ and
inserting ‘‘amount up to $100,000’’, and
(VI) by striking ‘‘1992’’ and inserting ‘‘2000,’’,
(B) in paragraph (3)—
(i) by striking ‘‘allot’’ and inserting ‘‘allocate’’, and
(ii) by striking ‘‘1992’’ each place it appears and
inserting ‘‘2000’’, and
(2) in subsection (b) by striking ‘‘the Trust Territory of
the Pacific Islands,’’.
SEC. 12209. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5633) is amended—
(1) in subsection (a)—
(A) in the 2d sentence by striking ‘‘and challenge’’
and all that follows through ‘‘part E’’, and inserting ‘‘,
projects, and activities’’,
(B) in paragraph (3)—
(i) by striking ‘‘, which—’’ and inserting ‘‘that—
’’,
(ii) in subparagraph (A)(i) by striking ‘‘or the
administration of juvenile justice’’ and inserting ‘‘, the
administration of juvenile justice, or the reduction of
juvenile delinquency’’, and
(iii) in subparagraph (D)—
(I) in clause (i) by inserting ‘‘and’’ at the end,
and
H. R. 2215—117
(II) in clause (ii) by striking ‘‘paragraphs’’ and
all that follows through ‘‘part E’’, and inserting
‘‘paragraphs (11), (12), and (13)’’,
(C) in paragraph (5)—
(i) in the matter preceding subparagraph (A) by
striking ‘‘, other than’’ and inserting ‘‘reduced by the
percentage (if any) specified by the State under the
authority of paragraph (25) and excluding’’, and
(ii) in subparagraph (C) by striking ‘‘paragraphs
(12)(A), (13), and (14)’’ and inserting ‘‘paragraphs (11),
(12), and (13)’’,
(D) by striking paragraph (6),
(E) in paragraph (7) by inserting ‘‘, including in rural
areas’’ before the semicolon at the end,
(F) in paragraph (8)—
(i) in subparagraph (A)—
(I) by striking ‘‘for (i)’’ and all that follows
through ‘‘relevant jurisdiction’’, and inserting ‘‘for
an analysis of juvenile delinquency problems in,
and the juvenile delinquency control and delin-
quency prevention needs (including educational
needs) of, the State’’, and
(II) by striking ‘‘of the jurisdiction; (ii)’’ and
all that follows through the semicolon at the end,
and inserting ‘‘of the State; and’’,
(ii) by amending subparagraph (B) to read as fol-
lows:
‘‘(B) contain—
‘‘(i) a plan for providing needed gender-specific services
for the prevention and treatment of juvenile delinquency;
‘‘(ii) a plan for providing needed services for the preven-
tion and treatment of juvenile delinquency in rural areas;
and
‘‘(iii) a plan for providing needed mental health services
to juveniles in the juvenile justice system, including
information on how such plan is being implemented and
how such services will be targeted to those juveniles in
such system who are in greatest need of such services;’’,
and
(iii) by striking subparagraphs (C) and (D),
(G) by amending paragraph (9) to read as follows:
‘‘(9) provide for the coordination and maximum utilization
of existing juvenile delinquency programs, programs operated
by public and private agencies and organizations, and other
related programs (such as education, special education, recre-
ation, health, and welfare programs) in the State;’’,
(H) in paragraph (10)—
(i) in subparagraph (A)—
(I) by striking ‘‘, specifically’’ and inserting
‘‘including’’,
(II) by striking clause (i), and
(III) redesignating clauses (ii) and (iii) as
clauses (i) and (ii), respectively,
(ii) by amending subparagraph (D) to read as fol-
lows:
‘‘(D) programs that provide treatment to juvenile
offenders who are victims of child abuse or neglect, and
H. R. 2215—118
to their families, in order to reduce the likelihood that
such juvenile offenders will commit subsequent violations
of law;’’,
(iii) in subparagraph (E)—
(I) by redesignating clause (ii) as clause (iii),
and
(II) by striking ‘‘juveniles, provided’’ and all
that follows through ‘‘provides; and’’, and inserting
the following:
‘‘juveniles—
‘‘(i) to encourage juveniles to remain in elementary
and secondary schools or in alternative learning situa-
tions;
‘‘(ii) to provide services to assist juveniles in
making the transition to the world of work and self-
sufficiency; and’’,
(iv) by amending subparagraph (F) to read as fol-
lows:
‘‘(F) expanding the use of probation officers—
‘‘(i) particularly for the purpose of permitting non-
violent juvenile offenders (including status offenders)
to remain at home with their families as an alternative
to incarceration or institutionalization; and
‘‘(ii) to ensure that juveniles follow the terms of
their probation;’’,
(v) by amending subparagraph (G) to read as fol-
lows:
‘‘(G) counseling, training, and mentoring programs,
which may be in support of academic tutoring, vocational
and technical training, and drug and violence prevention
counseling, that are designed to link at-risk juveniles, juve-
nile offenders, or juveniles who have a parent or legal
guardian who is or was incarcerated in a Federal, State,
or local correctional facility or who is otherwise under
the jurisdiction of a Federal, State, or local criminal justice
system, particularly juveniles residing in low-income and
high-crime areas and juveniles experiencing educational
failure, with responsible individuals (such as law enforce-
ment officials, Department of Defense personnel, individ-
uals working with local businesses, and individuals working
with community-based and faith-based organizations and
agencies) who are properly screened and trained;’’,
(vii) in subparagraph (H) by striking ‘‘handicapped
youth’’ and inserting ‘‘juveniles with disabilities’’,
(viii) by striking subparagraph (K),
(ix) in subparagraph (L)—
(I) in clause (iv) by adding ‘‘and’’ at the end,
(II) in clause (v) by striking ‘‘and’’ at the end,
and
(III) by striking clause (vi),
(x) in subparagraph (M) by striking ‘‘boot camps’’,
(xi) by amending subparagraph (N) to read as fol-
lows:
‘‘(N) community-based programs and services to work
with juveniles, their parents, and other family members
during and after incarceration in order to strengthen fami-
lies so that such juveniles may be retained in their homes;’’,
H. R. 2215—119
(xii) in subparagraph (O)—
(I) in striking ‘‘cultural’’ and inserting ‘‘other’’,
and
(II) by striking the period at the end and
inserting a semicolon,
(xiii) by redesignating subparagraphs (L), (M), (N),
and (O) as subparagraphs (K), (L), (M), and (N), respec-
tively; and
(xiv) by adding at the end the following:
‘‘(O) programs designed to prevent and to reduce hate
crimes committed by juveniles;
‘‘(P) after-school programs that provide at-risk juve-
niles and juveniles in the juvenile justice system with
a range of age-appropriate activities, including tutoring,
mentoring, and other educational and enrichment activi-
ties;
‘‘(Q) community-based programs that provide follow-
up post-placement services to adjudicated juveniles, to pro-
mote successful reintegration into the community;
‘‘(R) projects designed to develop and implement pro-
grams to protect the rights of juveniles affected by the
juvenile justice system; and
‘‘(S) programs designed to provide mental health serv-
ices for incarcerated juveniles suspected to be in need of
such services, including assessment, development of
individualized treatment plans, and discharge plans.’’,
(I) by amending paragraph (12) to read as follows:
‘‘(12) shall, in accordance with rules issued by the Adminis-
trator, provide that—
‘‘(A) juveniles who are charged with or who have com-
mitted an offense that would not be criminal if committed
by an adult, excluding—
‘‘(i) juveniles who are charged with or who have
committed a violation of section 922(x)(2) of title 18,
United States Code, or of a similar State law;
‘‘(ii) juveniles who are charged with or who have
committed a violation of a valid court order; and
‘‘(iii) juveniles who are held in accordance with
the Interstate Compact on Juveniles as enacted by
the State;
shall not be placed in secure detention facilities or secure
correctional facilities; and
‘‘(B) juveniles—
‘‘(i) who are not charged with any offense; and
‘‘(ii) who are—
‘‘(I) aliens; or
‘‘(II) alleged to be dependent, neglected, or
abused;
shall not be placed in secure detention facilities or secure
correctional facilities;’’,
(J) by amending paragraph (13) to read as follows:
‘‘(13) provide that—
‘‘(A) juveniles alleged to be or found to be delinquent
or juveniles within the purview of paragraph (11) will
not be detained or confined in any institution in which
they have contact with adult inmates; and
H. R. 2215—120
‘‘(B) there is in effect in the State a policy that requires
individuals who work with both such juveniles and such
adult inmates, including in collocated facilities, have been
trained and certified to work with juveniles;’’,
(K) by amending paragraph (14) to read as follows:
‘‘(14) provide that no juvenile will be detained or confined
in any jail or lockup for adults except—
‘‘(A) juveniles who are accused of nonstatus offenses
and who are detained in such jail or lockup for a period
not to exceed 6 hours—
‘‘(i) for processing or release;
‘‘(ii) while awaiting transfer to a juvenile facility;
or
‘‘(iii) in which period such juveniles make a court
appearance;
and only if such juveniles do not have contact with adult
inmates and only if there is in effect in the State a policy
that requires individuals who work with both such juveniles
and adult inmates in collocated facilities have been trained
and certified to work with juveniles;
‘‘(B) juveniles who are accused of nonstatus offenses,
who are awaiting an initial court appearance that will
occur within 48 hours after being taken into custody
(excluding Saturdays, Sundays, and legal holidays), and
who are detained in a jail or lockup—
‘‘(i) in which—
‘‘(I) such juveniles do not have contact with
adult inmates; and
‘‘(II) there is in effect in the State a policy
that requires individuals who work with both such
juveniles and adults inmates in collocated facilities
have been trained and certified to work with juve-
niles; and
‘‘(ii) that—
‘‘(I) is located outside a metropolitan statistical
area (as defined by the Office of Management and
Budget) and has no existing acceptable alternative
placement available;
‘‘(II) is located where conditions of distance
to be traveled or the lack of highway, road, or
transportation do not allow for court appearances
within 48 hours (excluding Saturdays, Sundays,
and legal holidays) so that a brief (not to exceed
an additional 48 hours) delay is excusable; or
‘‘(III) is located where conditions of safety exist
(such as severe adverse, life-threatening weather
conditions that do not allow for reasonably safe
travel), in which case the time for an appearance
may be delayed until 24 hours after the time that
such conditions allow for reasonable safe travel;’’;
(L) in paragraph (15)—
(i) by striking ‘‘paragraph (12)(A), paragraph (13),
and paragraph (14)’’ and inserting ‘‘paragraphs (11),
(12), and (13)’’, and
(ii) by striking ‘‘paragraph (12)(A) and paragraph
(13)’’ and inserting ‘‘paragraphs (11) and (12)’’,
H. R. 2215—121
(M) in paragraph (16) by striking ‘‘mentally, emotion-
ally, or physically handicapping conditions’’ and inserting
‘‘disability’’,
(N) by amending paragraph (19) to read as follows:
‘‘(19) provide assurances that—
‘‘(A) any assistance provided under this Act will not
cause the displacement (including a partial displacement,
such as a reduction in the hours of nonovertime work,
wages, or employment benefits) of any currently employed
employee;
‘‘(B) activities assisted under this Act will not impair
an existing collective bargaining relationship, contract for
services, or collective bargaining agreement; and
‘‘(C) no such activity that would be inconsistent with
the terms of a collective bargaining agreement shall be
undertaken without the written concurrence of the labor
organization involved;’’,
(O) by amending paragraph (22) to read as follows:
‘‘(22) provide that the State agency designated under para-
graph (1) will—
‘‘(A) to the extent practicable give priority in funding
to programs and activities that are based on rigorous,
systematic, and objective research that is scientifically
based;
‘‘(B) from time to time, but not less than annually,
review its plan and submit to the Administrator an analysis
and evaluation of the effectiveness of the programs and
activities carried out under the plan, and any modifications
in the plan, including the survey of State and local needs,
that it considers necessary; and
‘‘(C) not expend funds to carry out a program if the
recipient of funds who carried out such program during
the preceding 2-year period fails to demonstrate, before
the expiration of such 2-year period, that such program
achieved substantial success in achieving the goals speci-
fied in the application submitted by such recipient to the
State agency;’’,
(P) by amending paragraph (23) to read as follows:
‘‘(23) address juvenile delinquency prevention efforts and
system improvement efforts designed to reduce, without estab-
lishing or requiring numerical standards or quotas, the dis-
proportionate number of juvenile members of minority groups,
who come into contact with the juvenile justice system;’’,
(Q) by amending paragraph (24) to read as follows:
‘‘(24) provide that if a juvenile is taken into custody for
violating a valid court order issued for committing a status
offense—
‘‘(A) an appropriate public agency shall be promptly
notified that such juvenile is held in custody for violating
such order;
‘‘(B) not later than 24 hours during which such juvenile
is so held, an authorized representative of such agency
shall interview, in person, such juvenile; and
‘‘(C) not later than 48 hours during which such juvenile
is so held—
H. R. 2215—122
‘‘(i) such representative shall submit an assess-
ment to the court that issued such order, regarding
the immediate needs of such juvenile; and
‘‘(ii) such court shall conduct a hearing to
determine—
‘‘(I) whether there is reasonable cause to
believe that such juvenile violated such order; and
‘‘(II) the appropriate placement of such juve-
nile pending disposition of the violation alleged;’’,
(R) in paragraph (25)—
(i) by striking ‘‘1992’’ and inserting ‘‘2000’’, and
(ii) by striking the period at the end and inserting
a semicolon,
(S) by redesignating paragraphs (7) through (25) as
paragraphs (6) through (24), respectively, and
(T) by adding at the end the following:
‘‘(25) specify a percentage (if any), not to exceed 5 percent,
of funds received by the State under section 222 (other than
funds made available to the State advisory group under section
222(d)) that the State will reserve for expenditure by the State
to provide incentive grants to units of general local government
that reduce the caseload of probation officers within such units;
‘‘(26) provide that the State, to the maximum extent prac-
ticable, will implement a system to ensure that if a juvenile
is before a court in the juvenile justice system, public child
welfare records (including child protective services records)
relating to such juvenile that are on file in the geographical
area under the jurisdiction of such court will be made known
to such court;
‘‘(27) establish policies and systems to incorporate relevant
child protective services records into juvenile justice records
for purposes of establishing and implementing treatment plans
for juvenile offenders; and
‘‘(28) provide assurances that juvenile offenders whose
placement is funded through section 472 of the Social Security
Act (42 U.S.C. 672) receive the protections specified in section
471 of such Act (42 U.S.C. 671), including a case plan and
case plan review as defined in section 475 of such Act (42
U.S.C. 675).’’,
(2) by amending subsection (c) to read as follows:
‘‘(c) If a State fails to comply with any of the applicable require-
ments of paragraphs (11), (12), (13), and (22) of subsection (a)
in any fiscal year beginning after September 30, 2001, then—
‘‘(1) subject to paragraph (2), the amount allocated to such
State under section 222 for the subsequent fiscal year shall
be reduced by not less than 20 percent for each such paragraph
with respect to which the failure occurs, and
‘‘(2) the State shall be ineligible to receive any allocation
under such section for such fiscal year unless—
‘‘(A) the State agrees to expend 50 percent of the
amount allocated to the State for such fiscal year to achieve
compliance with any such paragraph with respect to which
the State is in noncompliance; or
‘‘(B) the Administrator determines that the State—
‘‘(i) has achieved substantial compliance with such
applicable requirements with respect to which the
State was not in compliance; and
H. R. 2215—123
‘‘(ii) has made, through appropriate executive or
legislative action, an unequivocal commitment to
achieving full compliance with such applicable require-
ments within a reasonable time.’’,
(3) in subsection (d)—
(A) by striking ‘‘allotment’’ and inserting ‘‘allocation’’,
and
(B) by striking ‘‘subsection (a) (12)(A), (13), (14) and
(23)’’ each place it appears and inserting ‘‘paragraphs (11),
(12), (13), and (22) of subsection (a)’’, and
(4) by adding at the end the following:
‘‘(e) Notwithstanding any other provision of law, the Adminis-
trator shall establish appropriate administrative and supervisory
board membership requirements for a State agency designated
under subsection (a)(1) and permit the State advisory group
appointed under subsection (a)(3) to operate as the supervisory
board for such agency, at the discretion of the chief executive
officer of the State.
‘‘(f) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The Administrator shall provide tech-
nical and financial assistance to an eligible organization com-
posed of member representatives of the State advisory groups
appointed under subsection (a)(3) to assist such organization
to carry out the functions specified in paragraph (2).
‘‘(2) ASSISTANCE.—To be eligible to receive such assistance,
such organization shall agree to carry out activities that
include—
‘‘(A) conducting an annual conference of such member
representatives for purposes relating to the activities of
such State advisory groups;
‘‘(B) 
disseminating 
information, 
data, 
standards,
advanced techniques, and program models;
‘‘(C) reviewing Federal policies regarding juvenile jus-
tice and delinquency prevention;
‘‘(D) advising the Administrator with respect to par-
ticular functions or aspects of the work of the Office; and
‘‘(E) advising the President and Congress with regard
to State perspectives on the operation of the Office and
Federal legislation pertaining to juvenile justice and delin-
quency prevention.’’.
SEC. 12210. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT
PROGRAM.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended—
(1) by striking parts C, D, E, F, G, and H,
(2) by striking the 1st part I,
(3) by redesignating the 2d part I as part F, and
(4) by inserting after part B the following:
‘‘PART C—JUVENILE DELINQUENCY
PREVENTION BLOCK GRANT PROGRAM
‘‘SEC. 241. AUTHORITY TO MAKE GRANTS.
‘‘(a) GRANTS
TO ELIGIBLE STATES.—The Administrator may
make grants to eligible States, from funds allocated under section
242, for the purpose of providing financial assistance to eligible
H. R. 2215—124
entities to carry out projects designed to prevent juvenile delin-
quency, including—
‘‘(1) projects that provide treatment (including treatment
for mental health problems) to juvenile offenders, and juveniles
who are at risk of becoming juvenile offenders, who are victims
of child abuse or neglect or who have experienced violence
in their homes, at school, or in the community, and to their
families, in order to reduce the likelihood that such juveniles
will commit violations of law;
‘‘(2) educational projects or supportive services for delin-
quent or other juveniles—
‘‘(A) to encourage juveniles to remain in elementary
and secondary schools or in alternative learning situations
in educational settings;
‘‘(B) to provide services to assist juveniles in making
the transition to the world of work and self-sufficiency;
‘‘(C) to assist in identifying learning difficulties
(including learning disabilities);
‘‘(D) to prevent unwarranted and arbitrary suspensions
and expulsions;
‘‘(E) to encourage new approaches and techniques with
respect to the prevention of school violence and vandalism;
‘‘(F) which assist law enforcement personnel and juve-
nile justice personnel to more effectively recognize and
provide for learning-disabled and other juveniles with
disabilities;
‘‘(G) which develop locally coordinated policies and pro-
grams among education, juvenile justice, and social service
agencies; or
‘‘(H) to provide services to juveniles with serious mental
and emotional disturbances (SED) in need of mental health
services;
‘‘(3) projects which expand the use of probation officers—
‘‘(A) particularly for the purpose of permitting non-
violent juvenile offenders (including status offenders) to
remain at home with their families as an alternative to
incarceration or institutionalization; and
‘‘(B) to ensure that juveniles follow the terms of their
probation;
‘‘(4) counseling, training, and mentoring programs, which
may be in support of academic tutoring, vocational and tech-
nical training, and drug and violence prevention counseling,
that are designed to link at-risk juveniles, juvenile offenders,
or juveniles who have a parent or legal guardian who is or
was incarcerated in a Federal, State, or local correctional
facility or who is otherwise under the jurisdiction of a Federal,
State, or local criminal justice system, particularly juveniles
residing in low-income and high-crime areas and juveniles
experiencing educational failure, with responsible individuals
(such as law enforcement officers, Department of Defense per-
sonnel, individuals working with local businesses, and individ-
uals working with community-based and faith-based organiza-
tions and agencies) who are properly screened and trained;
‘‘(5) community-based projects and services (including lit-
eracy and social service programs) which work with juvenile
offenders and juveniles who are at risk of becoming juvenile
offenders, including those from families with limited English-
H. R. 2215—125
speaking proficiency, their parents, their siblings, and other
family members during and after incarceration of the juvenile
offenders, in order to strengthen families, to allow juvenile
offenders to be retained in their homes, and to prevent the
involvement of other juvenile family members in delinquent
activities;
‘‘(6) projects designed to provide for the treatment
(including mental health services) of juveniles for dependence
on or abuse of alcohol, drugs, or other harmful substances;
‘‘(7) projects which leverage funds to provide scholarships
for postsecondary education and training for low-income juve-
niles who reside in neighborhoods with high rates of poverty,
violence, and drug-related crimes;
‘‘(8) projects which provide for an initial intake screening
of each juvenile taken into custody—
‘‘(A) to determine the likelihood that such juvenile
will commit a subsequent offense; and
‘‘(B) to provide appropriate interventions (including
mental health services) to prevent such juvenile from
committing subsequent offenses;
‘‘(9) projects (including school- or community-based projects)
that are designed to prevent, and reduce the rate of, the partici-
pation of juveniles in gangs that commit crimes (particularly
violent crimes), that unlawfully use firearms and other
weapons, or that unlawfully traffic in drugs and that involve,
to the extent practicable, families and other community mem-
bers (including law enforcement personnel and members of
the business community) in the activities conducted under such
projects;
‘‘(10) comprehensive juvenile justice and delinquency
prevention projects that meet the needs of juveniles through
the collaboration of the many local service systems juveniles
encounter, including schools, courts, law enforcement agencies,
child protection agencies, mental health agencies, welfare serv-
ices, health care agencies (including collaboration on appro-
priate prenatal care for pregnant juvenile offenders), private
nonprofit agencies, and public recreation agencies offering serv-
ices to juveniles;
‘‘(11) to develop, implement, and support, in conjunction
with public and private agencies, organizations, and businesses,
projects for the employment of juveniles and referral to job
training programs (including referral to Federal job training
programs);
‘‘(12) delinquency prevention activities which involve youth
clubs, sports, recreation and parks, peer counseling and
teaching, the arts, leadership development, community service,
volunteer service, before- and after-school programs, violence
prevention activities, mediation skills training, camping,
environmental education, ethnic or cultural enrichment,
tutoring, and academic enrichment;
‘‘(13) to establish policies and systems to incorporate rel-
evant child protective services records into juvenile justice
records for purposes of establishing treatment plans for juvenile
offenders;
‘‘(14) 
programs 
that 
encourage 
social 
competencies,
problem-solving skills, and communication skills, youth leader-
ship, and civic involvement;
H. R. 2215—126
‘‘(15) programs that focus on the needs of young girls at-
risk of delinquency or status offenses;
‘‘(16) projects which provide for—
‘‘(A) an assessment by a qualified mental health profes-
sional of incarcerated juveniles who are suspected to be
in need of mental health services;
‘‘(B) the development of an individualized treatment
plan for those incarcerated juveniles determined to be in
need of such services;
‘‘(C) the inclusion of a discharge plan for incarcerated
juveniles receiving mental health services that addresses
aftercare services; and
‘‘(D) all juveniles receiving psychotropic medications
to be under the care of a licensed mental health profes-
sional;
‘‘(17) after-school programs that provide at-risk juveniles
and juveniles in the juvenile justice system with a range of
age-appropriate activities, including tutoring, mentoring, and
other educational and enrichment activities;
‘‘(18) programs related to the establishment and mainte-
nance of a school violence hotline, based on a public-private
partnership, that students and parents can use to report sus-
picious, violent, or threatening behavior to local school and
law enforcement authorities;
‘‘(19) programs (excluding programs to purchase guns from
juveniles) designed to reduce the unlawful acquisition and
illegal use of guns by juveniles, including partnerships between
law enforcement agencies, health professionals, school officials,
firearms manufacturers, consumer groups, faith-based groups
and community organizations;
‘‘(20) programs designed to prevent animal cruelty by juve-
niles and to counsel juveniles who commit animal cruelty
offenses, including partnerships among law enforcement agen-
cies, animal control officers, social services agencies, and school
officials;
‘‘(21) programs that provide suicide prevention services
for incarcerated juveniles and for juveniles leaving the incarcer-
ation system;
‘‘(22) programs to establish partnerships between State
educational agencies and local educational agencies for the
design and implementation of character education and training
programs that reflect the values of parents, teachers, and local
communities, and incorporate elements of good character,
including honesty, citizenship, courage, justice, respect, per-
sonal responsibility, and trustworthiness;
‘‘(23) programs that foster strong character development
in at-risk juveniles and juveniles in the juvenile justice system;
‘‘(24) local programs that provide for immediate psycho-
logical evaluation and follow-up treatment (including evaluation
and treatment during a mandatory holding period for not less
than 24 hours) for juveniles who bring a gun on school grounds
without permission from appropriate school authorities; and
‘‘(25) other activities that are likely to prevent juvenile
delinquency.
‘‘(b) GRANTS TO ELIGIBLE INDIAN TRIBES.—The Administrator
may make grants to eligible Indian tribes from funds allocated
H. R. 2215—127
under section 242(b), to carry out projects of the kinds described
in subsection (a).
‘‘SEC. 242. ALLOCATION.
‘‘(a) ALLOCATION AMONG ELIGIBLE STATES.—Subject to sub-
section (b), funds appropriated to carry out this part shall be allo-
cated among eligible States proportionately based on the population
that is less than 18 years of age in the eligible States.
‘‘(b) ALLOCATION AMONG INDIAN TRIBES COLLECTIVELY.—Before
allocating funds under subsection (a) among eligible States, the
Administrator shall allocate among eligible Indian tribes as deter-
mined under section 246(a), an aggregate amount equal to the
amount such tribes would be allocated under subsection (a), and
without regard to this subsection, if such tribes were treated collec-
tively as an eligible State.
‘‘SEC. 243. ELIGIBILITY OF STATES.
‘‘(a) APPLICATION.—To be eligible to receive a grant under sec-
tion 241, a State shall submit to the Administrator an application
that contains the following:
‘‘(1) An assurance that the State will use—
‘‘(A) not more than 5 percent of such grant, in the
aggregate, for—
‘‘(i) the costs incurred by the State to carry out
this part; and
‘‘(ii) to evaluate, and provide technical assistance
relating to, projects and activities carried out with
funds provided under this part; and
‘‘(B) the remainder of such grant to make grants under
section 244.
‘‘(2) An assurance that, and a detailed description of how,
such grant will supplement, and not supplant State and local
efforts to prevent juvenile delinquency.
‘‘(3) An assurance that such application was prepared after
consultation with and participation by the State advisory group,
community-based organizations, and organizations in the local
juvenile justice system, that carry out programs, projects, or
activities to prevent juvenile delinquency.
‘‘(4) An assurance that the State advisory group will be
afforded the opportunity to review and comment on all grant
applications submitted to the State agency.
‘‘(5) An assurance that each eligible entity described in
section 244 that receives an initial grant under section 244
to carry out a project or activity shall also receive an assurance
from the State that such entity will receive from the State,
for the subsequent fiscal year to carry out such project or
activity, a grant under such section in an amount that is
proportional, based on such initial grant and on the amount
of the grant received under section 241 by the State for such
subsequent fiscal year, but that does not exceed the amount
specified for such subsequent fiscal year in such application
as approved by the State.
‘‘(6) Such other information and assurances as the Adminis-
trator may reasonably require by rule.
‘‘(b) APPROVAL OF APPLICATIONS.—
‘‘(1) APPROVAL REQUIRED.—Subject to paragraph (2), the
Administrator shall approve an application, and amendments
H. R. 2215—128
to such application submitted in subsequent fiscal years, that
satisfy the requirements of subsection (a).
‘‘(2) LIMITATION.—The Administrator may not approve such
application (including amendments to such application) for a
fiscal year unless—
‘‘(A)(i) the State submitted a plan under section 223
for such fiscal year; and
‘‘(ii) such plan is approved by the Administrator for
such fiscal year; or
‘‘(B) the Administrator waives the application of
subparagraph (A) to such State for such fiscal year, after
finding good cause for such a waiver.
‘‘SEC. 244. GRANTS FOR LOCAL PROJECTS.
‘‘(a) GRANTS BY STATES.—Using a grant received under section
241, a State may make grants to eligible entities whose applications
are received by the State, and reviewed by the State advisory
group, to carry out projects and activities described in section 241.
‘‘(b) SPECIAL CONSIDERATION.—For purposes of making grants
under subsection (a), the State shall give special consideration
to eligible entities that—
‘‘(1) propose to carry out such projects in geographical
areas in which there is—
‘‘(A) a disproportionately high level of serious crime
committed by juveniles; or
‘‘(B) a recent rapid increase in the number of nonstatus
offenses committed by juveniles;
‘‘(2)(A) agreed to carry out such projects or activities that
are multidisciplinary and involve more than 2 private nonprofit
agencies, organizations, and institutions that have experience
dealing with juveniles; or
‘‘(B) represent communities that have a comprehensive plan
designed to identify at-risk juveniles and to prevent or reduce
the rate of juvenile delinquency, and that involve other entities
operated by individuals who have a demonstrated history of
involvement in activities designed to prevent juvenile delin-
quency; and
‘‘(3) the amount of resources (in cash or in kind) such
entities will provide to carry out such projects and activities.
‘‘SEC. 245. ELIGIBILITY OF ENTITIES.
‘‘(a) ELIGIBILITY.—Except as provided in subsection (b), to be
eligible to receive a grant under section 244, a unit of general
purpose local government, acting jointly with not fewer than 2
private nonprofit agencies, organizations, and institutions that have
experience dealing with juveniles, shall submit to the State an
application that contains the following:
‘‘(1) An assurance that such applicant will use such grant,
and each such grant received for the subsequent fiscal year,
to carry out throughout a 2-year period a project or activity
described in reasonable detail, and of a kind described in one
or more of paragraphs (1) through (25) of section 241(a) as
specified in, such application.
‘‘(2) A statement of the particular goals such project or
activity is designed to achieve, and the methods such entity
will use to achieve, and assess the achievement of, each of
such goals.
H. R. 2215—129
‘‘(3) A statement identifying the research (if any) such
entity relied on in preparing such application.
‘‘(b) LIMITATION.—If an eligible entity that receives a grant
under section 244 to carry out a project or activity for a 2-year
period, and receives technical assistance from the State or the
Administrator after requesting such technical assistance (if any),
fails to demonstrate, before the expiration of such 2-year period,
that such project or such activity has achieved substantial success
in achieving the goals specified in the application submitted by
such entity to receive such grants, then such entity shall not be
eligible to receive any subsequent grant under such section to
continue to carry out such project or activity.
‘‘SEC. 246. GRANTS TO INDIAN TRIBES.
‘‘(a) ELIGIBILITY.—
‘‘(1) APPLICATION.—To be eligible to receive a grant under
section 241(b), an Indian tribe shall submit to the Administrator
an application in accordance with this section, in such form
and containing such information as the Administrator may
require by rule.
‘‘(2) PLANS.—Such application shall include a plan for con-
ducting programs, projects, and activities described in section
241(a), which plan shall—
‘‘(A) provide evidence that the applicant Indian tribe
performs law enforcement functions (as determined by the
Secretary of the Interior);
‘‘(B) identify the juvenile justice and delinquency prob-
lems and juvenile delinquency prevention needs to be
addressed by activities conducted with funds provided by
the grant for which such application is submitted, by the
Indian tribe in the geographical area under the jurisdiction
of the Indian tribe;
‘‘(C) provide for fiscal control and accounting proce-
dures that—
‘‘(i) are necessary to ensure the prudent use, proper
disbursement, and accounting of grants received by
applicants under this section; and
‘‘(ii) are consistent with the requirement specified
in subparagraph (B); and
‘‘(D) comply with the requirements specified in section
223(a) (excluding any requirement relating to consultation
with a State advisory group) and with the requirements
specified in section 222(c); and
‘‘(E) contain such other information, and be subject
to such additional requirements, as the Administrator may
reasonably require by rule to ensure the effectiveness of
the projects for which grants are made under section 241(b).
‘‘(b) FACTORS FOR CONSIDERATION.—For the purpose of selecting
eligible applicants to receive grants under section 241(b), the
Administrator shall consider—
‘‘(1) the resources that are available to each applicant
Indian tribe that will assist, and be coordinated with, the
overall juvenile justice system of the Indian tribe; and
‘‘(2) with respect to each such applicant—
‘‘(A) the juvenile population; and
H. R. 2215—130
‘‘(B) the population and the entities that will be served
by projects proposed to be carried out with the grant for
which the application is submitted.
‘‘(c) GRANT PROCESS.—
‘‘(1) SELECTION OF GRANT RECIPIENTS.—
‘‘(A) SELECTION REQUIREMENTS.—Except as provided
in paragraph (2), the Administrator shall—
‘‘(i) make grants under this section on a competi-
tive basis; and
‘‘(ii) specify in writing to each applicant selected
to receive a grant under this section, the terms and
conditions on which such grant is made to such
applicant.
‘‘(B) PERIOD OF GRANT.—A grant made under this sec-
tion shall be available for expenditure during a 2–year
period.
‘‘(2) EXCEPTION.—If—
‘‘(A) in the 2-year period for which a grant made under
this section shall be expended, the recipient of such grant
applies to receive a subsequent grant under this section;
and
‘‘(B) the Administrator determines that such recipient
performed during the year preceding the 2–year period
for which such recipient applies to receive such subsequent
grant satisfactorily and in accordance with the terms and
conditions applicable to the grant received;
then the Administrator may waive the application of the com-
petition-based requirement specified in paragraph (1)(A)(i) and
may allow the applicant to incorporate by reference in the
current application the text of the plan contained in the recipi-
ent’s most recent application previously approved under this
section.
‘‘(3) AUTHORITY TO MODIFY APPLICATION PROCESS FOR SUB-
SEQUENT GRANTS.—The Administrator may modify by rule the
operation of subsection (a) with respect to the submission and
contents of applications for subsequent grants described in
paragraph (2).
‘‘(d) REPORTING REQUIREMENT.—Each Indian tribe that receives
a grant under this section shall be subject to the fiscal accountability
provisions of section 5(f)(1) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to the
submission of a single-agency audit report required by chapter
75 of title 31, United States Code.
‘‘(e) MATCHING REQUIREMENT.—(1) Funds appropriated for the
activities of any agency of an Indian tribal government or the
Bureau of Indian Affairs performing law enforcement functions
on any Indian lands may be used to provide the non-Federal share
of any program or project with a matching requirement funded
under this section.
‘‘(2) Paragraph (1) shall not apply with respect to funds appro-
priated before the date of the enactment of the Juvenile Justice
and Delinquency Prevention Act of 2002.
‘‘(3) If the Administrator determines that an Indian tribe does
not have sufficient funds available to meet the non-Federal share
of the cost of any program or activity to be funded under the
grant, the Administrator may increase the Federal share of the
cost thereof to the extent the Administrator deems necessary.’’.
H. R. 2215—131
SEC. 
12211. 
RESEARCH; 
EVALUATION; 
TECHNICAL 
ASSISTANCE;
TRAINING.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting
after part C, as added by section 12510, the following:
‘‘PART D—RESEARCH; EVALUATION;
TECHNICAL ASSISTANCE; TRAINING
‘‘SEC. 251. RESEARCH AND EVALUATION; STATISTICAL ANALYSES;
INFORMATION DISSEMINATION.
‘‘(a) RESEARCH AND EVALUATION.—(1) The Administrator may—
‘‘(A) plan and identify the purposes and goals of all agree-
ments carried out with funds provided under this subsection;
and
‘‘(B) conduct research or evaluation in juvenile justice mat-
ters, for the purpose of providing research and evaluation
relating to—
‘‘(i) the prevention, reduction, and control of juvenile
delinquency and serious crime committed by juveniles;
‘‘(ii) the link between juvenile delinquency and the
incarceration of members of the families of juveniles;
‘‘(iii) successful efforts to prevent first-time minor
offenders from committing subsequent involvement in
serious crime;
‘‘(iv) successful efforts to prevent recidivism;
‘‘(v) the juvenile justice system;
‘‘(vi) juvenile violence;
‘‘(vii) appropriate mental health services for juveniles
and youth at risk of participating in delinquent activities;
‘‘(viii) reducing the proportion of juveniles detained
or confined in secure detention facilities, secure correctional
facilities, jails, and lockups who are members of minority
groups;
‘‘(ix) evaluating services, treatment, and aftercare
placement of juveniles who were under the care of the
State child protection system before their placement in
the juvenile justice system;
‘‘(x) determining—
‘‘(I) the frequency, seriousness, and incidence of
drug use by youth in schools and communities in the
States using, if appropriate, data submitted by the
States pursuant to this subparagraph and subsection
(b); and
‘‘(II) the frequency, degree of harm, and morbidity
of 
violent 
incidents, 
particularly 
firearm-related
injuries and fatalities, by youth in schools and commu-
nities in the States, including information with respect
to—
‘‘(aa) the relationship between victims and per-
petrators;
‘‘(bb) demographic characteristics of victims
and perpetrators; and
‘‘(cc) the type of weapons used in incidents,
as classified in the Uniform Crime Reports of the
Federal Bureau of Investigation; and
H. R. 2215—132
‘‘(xi) other purposes consistent with the purposes of
this title and title I.
‘‘(2) The Administrator shall ensure that an equitable amount
of funds available to carry out paragraph (1)(B) is used for research
and evaluation relating to the prevention of juvenile delinquency.
‘‘(3) Nothing in this subsection shall be construed to permit
the development of a national database of personally identifiable
information on individuals involved in studies, or in data-collection
efforts, carried out under paragraph (1)(B)(x).
‘‘(4) Not later than 1 year after the date of enactment of
this paragraph,the Administrator shall conduct a study with respect
to juveniles who, prior to placement in the juvenile justice system,
were under the care or custody of the State child welfare system,
and to juveniles who are unable to return to their family after
completing their disposition in the juvenile justice system and who
remain wards of the State. Such study shall include—
‘‘(A) the number of juveniles in each category;
‘‘(B) the extent to which State juvenile justice systems
and child welfare systems are coordinating services and treat-
ment for such juveniles;
‘‘(C) the Federal and local sources of funds used for place-
ments and post-placement services;
‘‘(D) barriers faced by State in providing services to these
juveniles;
‘‘(E) the types of post-placement services used;
‘‘(F) the frequency of case plans and case plan reviews;
and
‘‘(G) the extent to which case plans identify and address
permanency and placement barriers and treatment plans.
‘‘(b) STATISTICAL ANALYSES.—The Administrator may—
‘‘(1) plan and identify the purposes and goals of all agree-
ments carried out with funds provided under this subsection;
and
‘‘(2) undertake statistical work in juvenile justice matters,
for the purpose of providing for the collection, analysis, and
dissemination of statistical data and information relating to
juvenile delinquency and serious crimes committed by juveniles,
to the juvenile justice system, to juvenile violence, and to other
purposes consistent with the purposes of this title and title
I.
‘‘(c) GRANT AUTHORITY AND COMPETITIVE SELECTION PROCESS.—
The Administrator may make grants and enter into contracts with
public or private agencies, organizations, or individuals and shall
use a competitive process, established by rule by the Administrator,
to carry out subsections (a) and (b).
‘‘(d) IMPLEMENTATION OF AGREEMENTS.—A Federal agency that
makes an agreement under subsections (a)(1)(B) and (b)(2) with
the Administrator may carry out such agreement directly or by
making grants to or contracts with public and private agencies,
institutions, and organizations.
‘‘(e) INFORMATION DISSEMINATION.—The Administrator may—
‘‘(1) review reports and data relating to the juvenile justice
system in the United States and in foreign nations (as appro-
priate), collect data and information from studies and research
into all aspects of juvenile delinquency (including the causes,
prevention, and treatment of juvenile delinquency) and serious
crimes committed by juveniles;
H. R. 2215—133
‘‘(2) establish and operate, directly or by contract, a
clearinghouse and information center for the preparation,
publication, and dissemination of information relating to juve-
nile delinquency, including State and local prevention and treat-
ment programs, plans, resources, and training and technical
assistance programs; and
‘‘(3) make grants and contracts with public and private
agencies, institutions, and organizations, for the purpose of
disseminating information to representatives and personnel of
public and private agencies, including practitioners in juvenile
justice, law enforcement, the courts, corrections, schools, and
related services, in the establishment, implementation, and
operation of projects and activities for which financial assist-
ance is provided under this title.
‘‘SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.
‘‘(a) TRAINING.—The Administrator may—
‘‘(1) develop and carry out projects for the purpose of
training representatives and personnel of public and private
agencies, including practitioners in juvenile justice, law enforce-
ment, courts (including model juvenile and family courts),
corrections, schools, and related services, to carry out the pur-
poses specified in section 102; and
‘‘(2) make grants to and contracts with public and private
agencies, institutions, and organizations for the purpose of
training representatives and personnel of public and private
agencies, including practitioners in juvenile justice, law enforce-
ment, courts (including model juvenile and family courts),
corrections, schools, and related services, to carry out the pur-
poses specified in section 102.
‘‘(b) TECHNICAL ASSISTANCE.—The Administrator may—
‘‘(1) develop and implement projects for the purpose of
providing technical assistance to representatives and personnel
of public and private agencies and organizations, including
practitioners in juvenile justice, law enforcement, courts
(including model juvenile and family courts), corrections,
schools, and related services, in the establishment, implementa-
tion, and operation of programs, projects, and activities for
which financial assistance is provided under this title; and
‘‘(2) make grants to and contracts with public and private
agencies, institutions, and organizations, for the purpose of
providing technical assistance to representatives and personnel
of public and private agencies, including practitioners in juve-
nile justice, law enforcement, courts (including model juvenile
and family courts), corrections, schools, and related services,
in the establishment, implementation, and operation of pro-
grams, projects, and activities for which financial assistance
is provided under this title.
‘‘(c) TRAINING AND TECHNICAL ASSISTANCE TO MENTAL HEALTH
PROFESSIONALS
AND
LAW
ENFORCEMENT
PERSONNEL.—The
Administrator shall provide training and technical assistance to
mental health professionals and law enforcement personnel
(including public defenders, police officers, probation officers, judges,
parole officials, and correctional officers) to address or to promote
the development, testing, or demonstration of promising or innova-
tive models (including model juvenile and family courts), programs,
or delivery systems that address the needs of juveniles who are
H. R. 2215—134
alleged or adjudicated delinquent and who, as a result of such
status, are placed in secure detention or confinement or in non-
secure residential placements.’’.
SEC. 12212. DEMONSTRATION PROJECTS.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting
after part D, as added by section 12511, the following:
‘‘PART E—DEVELOPING, TESTING, AND DEM-
ONSTRATING PROMISING NEW INITIATIVES
AND PROGRAMS
‘‘SEC. 261. GRANTS AND PROJECTS.
‘‘(a) AUTHORITY TO MAKE GRANTS.—The Administrator may
make grants to and contracts with States, units of general local
government, Indian tribal governments, public and private agencies,
organizations, and individuals, or combinations thereof, to carry
out projects for the development, testing, and demonstration of
promising initiatives and programs for the prevention, control, or
reduction of juvenile delinquency. The Administrator shall ensure
that, to the extent reasonable and practicable, such grants are
made to achieve an equitable geographical distribution of such
projects throughout the United States.
‘‘(b) USE OF GRANTS.—A grant made under subsection (a) may
be used to pay all or part of the cost of the project for which
such grant is made.
‘‘SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.
‘‘The Administrator may make grants to and contracts with
public and private agencies, organizations, and individuals to pro-
vide technical assistance to States, units of general local govern-
ment, Indian tribal governments, local private entities or agencies,
or any combination thereof, to carry out the projects for which
grants are made under section 261.
‘‘SEC. 263. ELIGIBILITY.
‘‘To be eligible to receive a grant made under this part, a
public or private agency, Indian tribal government, organization,
institution, individual, or combination thereof shall submit an
application to the Administrator at such time, in such form, and
containing such information as the Administrator may reasonably
require by rule.
‘‘SEC. 264. REPORTS.
‘‘Recipients of grants made under this part shall submit to
the Administrator such reports as may be reasonably requested
by the Administrator to describe progress achieved in carrying
out the projects for which such grants are made.’’.
SEC. 12213. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5671) is amended—
(1) by striking subsection (e), and
(2) by striking subsections (a), (b), and (c), and inserting
the following:
H. R. 2215—135
‘‘(a) 
AUTHORIZATION
OF
APPROPRIATIONS
FOR
TITLE
II
(EXCLUDING PARTS C AND E).—(1) There are authorized to be appro-
priated to carry out this title such sums as may be appropriate
for fiscal years 2003, 2004, 2005, 2006, and 2007.
‘‘(2) Of such sums as are appropriated for a fiscal year to
carry out this title (other than parts C and E)—
‘‘(A) not more than 5 percent shall be available to carry
out part A;
‘‘(B) not less than 80 percent shall be available to carry
out part B; and
‘‘(C) not more than 15 percent shall be available to carry
out part D.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR PART C.—There
are authorized to be appropriated to carry out part C such sums
as may be necessary for fiscal years 2003, 2004, 2005, 2006, and
2007.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS FOR PART E.—There
are authorized to be appropriated to carry out part E, and author-
ized to remain available until expended, such sums as may be
necessary for fiscal years 2003, 2004, 2005, 2006, and 2007.’’.
SEC. 12214. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5672) is amended—
(1) in subsection (d) by striking ‘‘as are consistent with
the purpose of this Act’’ and inserting ‘‘only to the extent
necessary to ensure that there is compliance with the specific
requirements of this title or to respond to requests for clarifica-
tion and guidance relating to such compliance’’, and
(2) by adding at the end the following:
‘‘(e) If a State requires by law compliance with the requirements
described in paragraphs (11), (12), and (13) of section 223(a), then
for the period such law is in effect in such State such State shall
be rebuttably presumed to satisfy such requirements.’’.
SEC. 12215. USE OF FUNDS.
Section 299C(c) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5674(c)) is amended to read as follows:
‘‘(c) No funds may be paid under this title to a residential
program (excluding a program in a private residence) unless—
‘‘(1) there is in effect in the State in which such placement
or care is provided, a requirement that the provider of such
placement or such care may be licensed only after satisfying,
at a minimum, explicit standards of discipline that prohibit
neglect, and physical and mental abuse, as defined by State
law;
‘‘(2) such provider is licensed as described in paragraph
(1) by the State in which such placement or care is provided;
and
‘‘(3) in a case involving a provider located in a State that
is different from the State where the order for placement origi-
nates, the chief administrative officer of the public agency
or the officer of the court placing the juvenile certifies that
such provider—
‘‘(A) satisfies the originating State’s explicit licensing
standards of discipline that prohibit neglect, physical and
mental abuse, and standards for education and health care
as defined by that State’s law; and
H. R. 2215—136
‘‘(B) otherwise complies with the Interstate Compact
on the Placement of Children as entered into by such
other State.’’.
SEC. 12216. LIMITATIONS ON USE OF FUNDS.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated
by section 12510, is amended adding at the end the following:
‘‘SEC. 299F. LIMITATIONS ON USE OF FUNDS.
‘‘None of the funds made available to carry out this title may
be used to advocate for, or support, the unsecured release of juve-
niles who are charged with a violent crime.’’.
SEC. 12217. RULES OF CONSTRUCTION.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated
by section 12510 and amended by section 12516, is amended adding
at the end the following:
‘‘SEC. 299G. RULES OF CONSTRUCTION.
‘‘Nothing in this title or title I shall be construed—
‘‘(1) to prevent financial assistance from being awarded
through grants under this title to any otherwise eligible
organization; or
‘‘(2) to modify or affect any Federal or State law relating
to collective bargaining rights of employees.’’.
SEC. 12218. LEASING SURPLUS FEDERAL PROPERTY.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated
by section 12510 and amended by sections 12516 and 12517, is
amended adding at the end the following:
‘‘SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.
‘‘The Administrator may receive surplus Federal property
(including facilities) and may lease such property to States and
units of general local government for use in or as facilities for
juvenile offenders, or for use in or as facilities for delinquency
prevention and treatment activities.’’.
SEC. 12219. ISSUANCE OF RULES.
Part F of title II or the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated
by section 12510 and amended by sections 12516, 12517, and 12518,
is amended adding at the end the following:
‘‘SEC. 299I. ISSUANCE OF RULES.
‘‘The Administrator shall issue rules to carry out this title,
including rules that establish procedures and methods for making
grants and contracts, and distributing funds available, to carry
out this title.’’.
SEC. 12220. CONTENT OF MATERIALS.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated
by section 12510 and amended by sections 12516, 12517, 12518,
and 12519, is amended by adding at the end the following:
H. R. 2215—137
‘‘SEC. 299J. CONTENT OF MATERIALS.
‘‘Materials produced, procured, or distributed both using funds
appropriated to carry out this Act and for the purpose of preventing
hate crimes that result in acts of physical violence, shall not rec-
ommend or require any action that abridges or infringes upon
the constitutionally protected rights of free speech, religion, or
equal protection of juveniles or of their parents or legal guardians.’’.
SEC. 12221. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TECHNICAL AMENDMENTS.—The Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended—
(1) in section 202(b) by striking ‘‘prescribed for GS–18
of the General Schedule by section 5332’’ and inserting ‘‘payable
under section 5376’’,
(2) in section 221(b)(2) by striking the last sentence,
(3) in section 299D by striking subsection (d), and
(4) by striking title IV, as originally enacted by Public
Law 93–415 (88 Stat. 1132–1143).
(b) CONFORMING AMENDMENTS.—(1) The Victims of Child Abuse
Act of 1990 (42 U.S.C. 13001 et seq.) is amended—
(A) in section 214(b)(1) by striking ‘‘262, 293, and 296
of subpart II of title II’’ and inserting ‘‘299B and 299E’’,
(B) in section 214A(c)(1) by striking ‘‘262, 293, and 296
of subpart II of title II’’ and inserting ‘‘299B and 299E’’,
(C) in section 217(c)(1) by striking ‘‘sections 262, 293, and
296 of subpart II of title II’’ and inserting ‘‘sections 299B
and 299E’’, and
(D) in section 223(c) by striking ‘‘section 262, 293, and
296’’ and inserting ‘‘sections 262, 299B, and 299E’’.
(2) Section 404(a)(5)(E) of the Missing Children’s Assistance
Act (42 U.S.C. 5773) is amended by striking ‘‘section 313’’ and
inserting ‘‘section 331’’.
SEC. 12222. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVEN-
TION PROGRAMS.
(a) AMENDMENT.—Title V of the of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5781–5785), as
added by Public Law 102–586, is amended to read as follows:
‘‘TITLE 
V—INCENTIVE 
GRANTS 
FOR
LOCAL DELINQUENCY PREVENTION
PROGRAMS
‘‘SEC. 501. SHORT TITLE.
‘‘This title may be cited as the ‘Incentive Grants for Local
Delinquency Prevention Programs Act of 2002’.
‘‘SEC. 502. DEFINITION.
‘‘In this title, the term ‘State advisory group’ means the advisory
group appointed by the chief executive officer of a State under
a plan described in section 223(a).
‘‘SEC. 503. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.
‘‘The Administrator shall—
‘‘(1) issue such rules as are necessary or appropriate to
carry out this title;
H. R. 2215—138
‘‘(2) make such arrangements as are necessary and appro-
priate to facilitate coordination and policy development among
all activities funded through the Department of Justice relating
to delinquency prevention (including the preparation of an
annual comprehensive plan for facilitating such coordination
and policy development);
‘‘(3) provide adequate staff and resources necessary to prop-
erly carry out this title; and
‘‘(4) not later than 180 days after the end of each fiscal
year, submit a report to the chairman of the Committee on
Education and the Workforce of the House of Representatives
and the chairman of the Committee on the Judiciary of the
Senate—
‘‘(A) describing activities and accomplishments of grant
activities funded under this title;
‘‘(B) describing procedures followed to disseminate
grant activity products and research findings;
‘‘(C) describing activities conducted to develop policy
and to coordinate Federal agency and interagency efforts
related to delinquency prevention; and
‘‘(D) identifying successful approaches and making rec-
ommendations for future activities to be conducted under
this title.
‘‘SEC. 504. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.
‘‘(a) PURPOSES.—The Administrator may make grants to a
State, to be transmitted through the State advisory group to units
of local government that meet the requirements of subsection (b),
for delinquency prevention programs and activities for juveniles
who have had contact with the juvenile justice system or who
are likely to have contact with the juvenile justice system, including
the provision to juveniles and their families of—
‘‘(1) alcohol and substance abuse prevention services;
‘‘(2) tutoring and remedial education, especially in reading
and mathematics;
‘‘(3) child and adolescent health and mental health services;
‘‘(4) recreation services;
‘‘(5) leadership and youth development activities;
‘‘(6) the teaching that people are and should be held
accountable for their actions;
‘‘(7) assistance in the development of job training skills;
and
‘‘(8) other data-driven evidence based prevention programs.
‘‘(b) ELIGIBILITY.—The requirements of this subsection are met
with respect to a unit of general local government if—
‘‘(1) the unit is in compliance with the requirements of
part B of title II;
‘‘(2) the unit has submitted to the State advisory group
a minimum 3-year comprehensive plan outlining the unit’s
local front end plans for investment for delinquency prevention
and early intervention activities;
‘‘(3) the unit has included in its application to the Adminis-
trator for formula grant funds a summary of the minimum
3-year comprehensive plan described in paragraph (2);
‘‘(4) pursuant to its minimum 3-year comprehensive plan,
the unit has appointed a local policy board of not fewer than
H. R. 2215—139
15 and not more than 21 members, with balanced representa-
tion of public agencies and private nonprofit organizations
serving juveniles, their families, and business and industry;
‘‘(5) the unit has, in order to aid in the prevention of
delinquency, included in its application a plan for the coordina-
tion of services to at-risk juveniles and their families, including
such programs as nutrition, energy assistance, and housing;
‘‘(6) the local policy board is empowered to make all rec-
ommendations for distribution of funds and evaluation of activi-
ties funded under this title; and
‘‘(7) the unit or State has agreed to provide a 50 percent
match of the amount of the grant, including the value of in-
kind contributions, to fund the activity.
‘‘(c) PRIORITY.—In considering grant applications under this
section, the Administrator shall give priority to applicants that
demonstrate ability in—
‘‘(1) plans for service and agency coordination and collabora-
tion including the colocation of services;
‘‘(2) innovative ways to involve the private nonprofit and
business sector in delinquency prevention activities;
‘‘(3) developing or enhancing a statewide subsidy program
to local governments that is dedicated to early intervention
and delinquency prevention;
‘‘(4) coordinating and collaborating with programs estab-
lished in local communities for delinquency prevention under
part C of this subtitle; and
‘‘(5) developing data-driven prevention plans, employing
evidence-based prevention strategies, and conducting program
evaluations to determine impact and effectiveness.
‘‘SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this
title such sums as may be necessary for fiscal years 2004, 2005,
2006, 2007, and 2008.’’.
(b) EFFECTIVE
DATE; APPLICATION
OF
AMENDMENT.—The
amendment made by subsection (a) shall take effect on October
1, 2002, and shall not apply with respect to grants made before
such date.
SEC. 12223. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) EFFECTIVE DATE.—Except as provided in subsection (b),
this subtitle and the amendments made by this subtitle shall take
effect on the date of the enactment of this Act.
(b) APPLICATION OF AMENDMENTS.—The amendments made by
this Act shall apply only with respect to fiscal years beginning
after September 30, 2002.
Subtitle C—Juvenile Disposition Hearing
SEC. 12301. JUVENILE DISPOSITION HEARING.
Section 5037 of title 18, United States Code, is amended—
(1) in subsection (a)—
(A) in the second sentence—
(i) by striking ‘‘enter an order of restitution pursu-
ant to section 3556,’’; and
H. R. 2215—140
(ii) by inserting after ‘‘official detention’’ the fol-
lowing: ‘‘which may include a term of juvenile delin-
quent supervision to follow detention’’; and
(B) by inserting after the second sentence the following:
‘‘In addition, the court may enter an order of restitution
pursuant to section 3556.’’;
(2) in subsection (b)—
(A) by striking the last sentence; and
(B) by adding at the end the following:
‘‘The provisions dealing with probation set forth in sections 3563
and 3564 are applicable to an order placing a juvenile on probation.
If the juvenile violates a condition of probation at any time prior
to the expiration or termination of the term of probation, the court
may, after a dispositional hearing and after considering any perti-
nent policy statements promulgated by the Sentencing Commission
pursuant to section 994 of title 28, revoke the term of probation
and order a term of official detention. The term of official detention
authorized upon revocation of probation shall not exceed the terms
authorized in section 5037(c)(2) (A) and (B). The application of
sections 5037(c)(2) (A) and (B) shall be determined based upon
the age of the juvenile at the time of the disposition of the revocation
proceeding. If a juvenile is over the age of 21 years old at the
time of the revocation proceeding, the mandatory revocation provi-
sions of section 3565(b) are applicable. A disposition of a juvenile
who is over the age of 21 years shall be in accordance with the
provisions of section 5037(c)(2), except that in the case of a juvenile
who if convicted as an adult would be convicted of a Class A,
B, or C felony, no term of official detention may continue beyond
the juvenile’s 26th birthday, and in any other case, no term of
official detention may continue beyond the juvenile’s 24th birthday.
A term of official detention may include a term of juvenile delin-
quent supervision.’’;
(3) in subsection (c)(1)—
(A) in subparagraph (A), by striking ‘‘or’’;
(B) by redesignating subparagraph (B) as subpara-
graph (C); and
(C) by inserting after subparagraph (A) the following:
‘‘(B) the maximum of the guideline range, pursuant
to section 994 of title 28, applicable to an otherwise simi-
larly situated adult defendant unless the court finds an
aggravating factor to warrant an upward departure from
the otherwise applicable guideline range; or’’;
(4) in subsection (c)(2)(A), by striking ‘‘five years; or’’ and
inserting: ‘‘the lesser of—
‘‘(i) five years; or
‘‘(ii) the maximum of the guideline range, pursuant
to section 994 of title 28, applicable to an otherwise
similarly situated adult defendant unless the court
finds an aggravating factor to warrant an upward
departure from the otherwise applicable guideline
range; or’’;
(5) in subsection (c)(2)(B)—
(A) in clause (i), by striking ‘‘or’’;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) the following:
‘‘(ii) the maximum of the guideline range, pursuant
to section 994 of title 28, applicable to an otherwise
H. R. 2215—141
similarly situated adult defendant unless the court
finds an aggravating factor to warrant an upward
departure from the otherwise applicable guideline
range; or’’;
(6) by redesignating subsection (d) as subsection (e); and
(7) by inserting after subsection (c) the following:
‘‘(d)(1) The court, in ordering a term of official detention, may
include the requirement that the juvenile be placed on a term
of juvenile delinquent supervision after official detention.
‘‘(2) The term of juvenile delinquent supervision that may be
ordered for a juvenile found to be a juvenile delinquent may not
extend—
‘‘(A) in the case of a juvenile who is less than 18 years
old, a term that extends beyond the date when the juvenile
becomes 21 years old; or
‘‘(B) in the case of a juvenile who is between 18 and
21 years old, a term that extends beyond the maximum term
of official detention set forth in section 5037(c)(2) (A) and (B),
less the term of official detention ordered.
‘‘(3) The provisions dealing with probation set forth in sections
3563 and 3564 are applicable to an order placing a juvenile on
juvenile delinquent supervision.
‘‘(4) The court may modify, reduce, or enlarge the conditions
of juvenile delinquent supervision at any time prior to the expiration
or termination of the term of supervision after a dispositional
hearing and after consideration of the provisions of section 3563
regarding the initial setting of the conditions of probation.
‘‘(5) If the juvenile violates a condition of juvenile delinquent
supervision at any time prior to the expiration or termination
of the term of supervision, the court may, after a dispositional
hearing and after considering any pertinent policy statements
promulgated by the Sentencing Commission pursuant to section
994 of title 18, revoke the term of supervision and order a term
of official detention. The term of official detention which is author-
ized upon revocation of juvenile delinquent supervision shall not
exceed the term authorized in section 5037(c)(2) (A) and (B), less
any term of official detention previously ordered. The application
of sections 5037(c)(2) (A) and (B) shall be determined based upon
the age of the juvenile at the time of the disposition of the revocation
proceeding. If a juvenile is over the age of 21 years old at the
time of the revocation proceeding, the mandatory revocation provi-
sions of section 3565(b) are applicable. A disposition of a juvenile
who is over the age of 21 years old shall be in accordance with
the provisions of section 5037(c)(2), except that in the case of
a juvenile who if convicted as an adult would be convicted of
a Class A, B, or C felony, no term of official detention may continue
beyond the juvenile’s 26th birthday, and in any other case, no
term of official detention may continue beyond the juvenile’s 24th
birthday.
‘‘(6) When a term of juvenile delinquent supervision is revoked
and the juvenile is committed to official detention, the court may
include a requirement that the juvenile be placed on a term of
juvenile delinquent supervision. Any term of juvenile delinquent
supervision ordered following revocation for a juvenile who is over
the age of 21 years old at the time of the revocation proceeding
shall be in accordance with the provisions of section 5037(d)(1),
except that in the case of a juvenile who if convicted as an adult
H. R. 2215—142
would be convicted of a Class A, B, or C felony, no term of juvenile
delinquent supervision may continue beyond the juvenile’s 26th
birthday, and in any other case, no term of juvenile delinquent
supervision may continue beyond the juvenile’s 24th birthday.’’.
TITLE III—INTELLECTUAL PROPERTY
Subtitle A—Patent and Trademark Office
Authorization
SEC. 13101. SHORT TITLE.
This subtitle may be cited as the ‘‘Patent and Trademark Office
Authorization Act of 2002’’.
SEC. 13102. AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT
AND TRADEMARK OFFICE.
(a) IN GENERAL.—There are authorized to be appropriated to
the United States Patent and Trademark Office for salaries and
necessary expenses for each of the fiscal years 2003 through 2008
an amount equal to the fees estimated by the Secretary of Commerce
to be collected in each such fiscal year, respectively, under—
(1) title 35, United States Code; and
(2) the Act entitled ‘‘An Act to provide for the registration
and protection of trademarks used in commerce, to carry out
the provisions of certain international conventions, and for
other purposes’’, approved July 5, 1946 (15 U.S.C. 1051 et
seq.) (commonly referred to as the Trademark Act of 1946).
(b) ESTIMATES.—Not later than February 15, of each fiscal
year, the Undersecretary of Commerce for Intellectual Property
and the Director of the Patent and Trademark Office (in this subtitle
referred to as the Director) shall submit an estimate of all fees
referred to under subsection (a) to be collected in the next fiscal
year to the chairman and ranking member of—
(1) the Committees on Appropriations and Judiciary of
the Senate; and
(2) the Committees on Appropriations and Judiciary of
the House of Representatives.
SEC. 13103. ELECTRONIC FILING AND PROCESSING OF PATENT AND
TRADEMARK APPLICATIONS.
(a) ELECTRONIC FILING AND PROCESSING.—The Director shall,
beginning not later than 90 days after the date of enactment of
this Act, and during the 3-year period thereafter, develop an elec-
tronic system for the filing and processing of patent and trademark
applications, that—
(1) is user friendly; and
(2) includes the necessary infrastructure—
(A) to allow examiners and applicants to send all
communications electronically; and
(B) to allow the Office to process, maintain, and search
electronically the contents and history of each application.
(b) AUTHORIZATION OF APPROPRIATIONS.—Of amounts author-
ized under section 13102, there is authorized to be appropriated
to carry out subsection (a) of this section not more than $50,000,000
H. R. 2215—143
for each of fiscal years 2003, 2004, and 2005. Amounts made avail-
able pursuant to this subsection shall remain available until
expended.
SEC. 13104. STRATEGIC PLAN.
(a) DEVELOPMENT OF PLAN.—
(1) IN GENERAL.—The Director shall, in close consultation
with the Patent Public Advisory Committee and the Trademark
Public Advisory Committee, develop a strategic plan that sets
forth the goals and methods by which the United States Patent
and Trademark Office will, during the 5-year period beginning
on January 1, 2003—
(A) enhance patent and trademark quality;
(B) reduce patent and trademark pendency; and
(C) develop and implement an effective electronic
system for use by the Patent and Trademark Office and
the public for all aspects of the patent and trademark
processes, including, in addition to the elements set forth
in section 13103, searching, examining, communicating,
publishing, and making publicly available, patents and
trademark registrations.
(2) CONTENTS AND CONSULTATION.—The strategic plan shall
include milestones and objective and meaningful criteria for
evaluating the progress and successful achievement of the plan.
The Director shall consult with the Public Advisory Committees
with respect to the development of each aspect of the strategic
plan.
(b) REPORT TO CONGRESSIONAL COMMITTEES.—Not later than
4 months after the date of enactment of this Act, the Director
shall submit the plan developed under subsection (a) to the Commit-
tees on the Judiciary of the Senate and the House of Representa-
tives.
SEC. 13105. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF
PATENTABILITY IN REEXAMINATION PROCEEDINGS.
(a) IN GENERAL.—Sections 303(a) and 312(a) of title 35, United
States Code, are each amended by adding at the end the following:
‘‘The existence of a substantial new question of patentability is
not precluded by the fact that a patent or printed publication
was previously cited by or to the Office or considered by the Office.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to any determination of the Director of
the United States Patent and Trademark Office that is made under
section 303(a) or 312(a) of title 35, United States Code, on or
after the date of enactment of this Act.
SEC. 13106. APPEALS IN INTER PARTES REEXAMINATION PRO-
CEEDINGS.
(a) APPEALS BY THIRD-PARTY REQUESTER IN PROCEEDINGS.—
Section 315(b) of title 35, United States Code, is amended to read
as follows:
‘‘(b) THIRD-PARTY REQUESTER.—A third-party requester—
‘‘(1) may appeal under the provisions of section 134, and
may appeal under the provisions of sections 141 through 144,
with respect to any final decision favorable to the patentability
of any original or proposed amended or new claim of the patent;
and