21st Century Department of Justice Appropriations Authorization Act
PL 107-273 (H.R.2215), enacted 11/02/2002

116 STAT. 1758 
PUBLIC LAW 107-273—NOV. 2, 2002 
Nov. 2, 2002 
[H.R. 2215] 
21st Century 
Department of 
Justice 
Appropriations 
Authorization 
Act. 
Public Law 107-273 
107th Congress 
An Act 
To authorize appropriations for the Department of Justice for fiscal year 2002, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "21st Century 
Department of Justice Appropriations Authorization Act". 
(b) TABLE OF CONTENTS.—The table of contents of this Act 
is as follows: 
DIVISION A—21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS 
AUTHORIZATION ACT 
TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2002 
AND 2003 
Sec. 101. Specific sums authorized to be appropriated for fiscal year 2002. 
Sec. 102. Specific sums authorized to be appropriated for fiscal year 2003. 
Sec. 103. Appointment of additional assistant United States attorneys; reduction of 
certain litigation positions. 
Sec. 104. Authorization for additional assistant United States attorneys for project 
safe neighborhoods. 
TITLE II—PERMANENT ENABLING PROVISIONS 
Sec. 201. Permanent authority. 
Sec. 202. Permanent authority relating to enforcement of laws. 
Sec. 203. Miscellaneous uses of funds; technical amendments. 
Sec. 204. Technical and miscellaneous amendments to Department of Justice au-
thorities; authority to transfer property of marginal value; record-
keeping; protection of the Attorney General. 
Sec. 205. Oversight; waste, fraud, and abuse within the Department of Justice. 
Sec. 206. Enforcement of Federal criminal laws by Attorney General. 
Sec. 207. Strengthening law enforcement in United States territories, common-
wealths, and possessions. 
TITLE III—MISCELLANEOUS 
Sec. 301. Repealers. 
Sec. 302. Technical amendments to title 18 of the United States Code. 
Sec. 303. Required submission of proposed authorization of appropriations for the 
Department of Justice for fiscal years 2004 and 2005. 
Sec. 304. Study of untested rape examination kits. 
Sec. 305. Reports on use of D C S 1000 (Carnivore). 
Sec. 306. Study of allocation of litigating attorneys. 
Sec. 307. Use of truth-in-sentencing and violent offender incarceration grants. 
Sec. 308. Authority of the Department of Justice Inspector General. 
Sec. 309. Review of the Department of Justice. 
Sec. 310. Authorization of appropriations. 
Sec. 311. Report on threats and assaults against Federal law enforcement officers, 
United States judges. United States officials and their families. 
Sec. 312. Additional Federal judgeships. 
TITLE IV—VIOLENCE AGAINST WOMEN 
Sec. 401. Short title. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1759 
Sec. 402. Establishment of Violence Against Women Office. 
Sec. 403. Effective date. 
DIVISION B—MISCELLANEOUS DIVISION 
TITLE I—BOYS AND GIRLS CLUBS OF AMERICA 
Sec. 1101. Boys and Girls Clubs of America. 
TITLE II—DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT 
OF 2002 
Sec. 2001. Short title. 
Subtitle A—Drug-Free Prisons and Jails 
Sec. 2101. Use of residential substance abuse treatment grants to provide for serv-
ices during and after incarceration. 
Sec. 2102. Jail-based substance abuse treatment programs. 
Sec. 2103. Mandatory revocation of probation and supervised release for failing a 
drug test. 
Subtitle B—Treatment and Prevention 
Sec. 2201. Report on drug-testing technologies. 
Sec. 2202. Drug and substance abuse treatment, prevention, education, and re-
search study. 
Sec. 2203. Drug abuse and addiction research. 
Subtitle C—Drug Courts 
Sec. 2301. Drug courts. 
Sec. 2302. Authorization of appropriations. 
Sec. 2303. Study by the General Accounting Office. 
Subtitle D—Program for Successful Reentry of Criminal Offenders Into Local 
Communities 
CHAPTER 1—^POST INCARCERATION VOCATIONAL AND REMEDIAL EDUCATIONAL 
OPPORTUNITIES FOR INMATES 
Sec. 2411. Post incarceration vocational and remedial educational opportunities for 
inmates. 
CHAPTER 2—STATE REENTRY GRANT PROGRAMS 
Sec. 2421. Amendments to the Omnibus Crime Control and Safe Streets Act of 
1968. 
Subtitle E—Other Matters 
Sec. 2501. Amendment to Controlled Substances Act. 
Sec. 2502. Study of methamphetamine treatment. 
Sec. 2503. Authorization of funds for DEA police training in South and Central 
Asia. 
Sec. 2504. United States-Thailand drug prosecutor exchange program. 
TITLE III—SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE 
SYSTEM 
Sec. 3001. Increasing the penalty for using physical force to tamper with witnesses, 
victims, or informants. 
Sec. 3002. Correction of aberrant statutes to permit imposition of both a fine and 
imprisonment. 
Sec. 3003. Reinstatement of counts dismissed pursuant to a plea agreement. 
Sec. 3004. Appeals from certain dismissals. 
Sec. 3005. Clarification of length of supervised release terms in controlled sub-
stance cases. 
Sec. 3006. Authority of court to impose a sentence of probation or supervised re-
lease when reducing a sentence of imprisonment in certain cases. 
Sec. 3007. Clarification that making restitution is a proper condition of supervised 
release. 
TITLE IV—CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002 
Sec. 4001. Short title. 
Sec. 4002. Technical amendments relating to criminal law and procedure. 
Sec. 4003. Additional technicals. 
Sec. 4004. Repeal of outmoded provisions. 
116 STAT. 1760 
PUBLIC LAW 107-273—NOV. 2, 2002 
Sec. 4005. Amendments resulting from Public Law 107-56. 
Sec. 4006. Cross reference correction. 
TITLE V—PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS 
Sec. 5001. Paul Coverdell Forensic Sciences Improvement Grants. 
Sec. 5002. Authorization of appropriations. 
DIVISION C—IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE, IM-
MIGRATION, JUVENILE JUSTICE, AND INTELLECTUAL PROPERTY AND 
ANTITRUST LAWS 
TITLE I—CRIMINAL JUSTICE, CIVIL JUSTICE, AND IMMIGRATION 
Subtitle A—General Improvements 
Sec. 11001. Law Enforcement Tribute Act. 
Sec. 11002. Disclosure of grand jury matters relating to money laundering offenses. 
Sec. 11003. Grant program for State and local domestic preparedness support. 
Sec. 11004. United States Sentencing Commission access to NCIC terminal. 
Sec. 11005. Danger pay for FBI agents. 
Sec. 11006. Police corps. 
Sec. 11007. Radiation exposure compensation technical amendments. 
Sec. 11008. Federal Judiciary Protection Act of 2002. 
Sec. 11009. James Guelff and Chris McCurley Body Armor Act of 2002. 
Sec. 11010. Persons authorized to serve search warrant. 
Sec. 11011. Study on reentry, mental illness, and public safety. 
Sec. 11012. Technical amendment to Omnibus Crime Control Act. 
Sec. 11013. Debt collection improvement. 
Sec. 11014. SCAAP authorization. 
Sec. 11015. Use of annuity brokers in structured settlements. 
Sec. 11016. INS processing fees. 
Sec. 11017. United States Parole Commission extension. 
Sec. 11018. Waiver of foreign country residence requirement with respect to inter-
national medical graduates. 
Sec. 11019. Pretrial disclosure of expert testimony relating to defendant's mental 
condition. 
Sec. 11020. Multiparty, Multiforum Trial Jurisdiction Act of 2002. 
Sec. 11021. Additional place of holding court in the southern district of Ohio. 
Sec. 11022. Direct shipment of wine. 
Sec. 11023. Webster Commission implementation report. 
Sec. 11024. FBI police. 
Sec. 11025. Report on FBI information management and technology. 
Sec. 11026. GAO report on crime statistics reporting. 
Sec. 11027. Crime-free rural States grants. 
Sec. 11028. Motor vehicle franchise contract dispute resolution process. 
Sec. 11029. Holding court for the southern district of Iowa. 
Sec. 11030. Posthumous citizenship restoration. 
Sec. 11030A. Extension of H-IB status for aliens with lengthy adjudications. 
Sec. 11030B. Application for naturalization by alternative applicant if citizen par-
ent has died. 
Subtitle B—EB-5 Amendments 
CHAPTER 1—IMMIGRATION BENEFITS 
Sec. 11031. Removal of conditional basis of permanent resident status for certain 
alien entrepreneurs, spouses, and children. 
Sec. 11032. Conditional permanent resident status for certain alien entrepreneurs, 
spouses, and children. 
Sec. 11033. Regulations. 
Sec. 11034. Definitions. 
CHAPTER 2—^AMENDMENTS TO OTHER LAWS 
Sec. 11035. Definition of "full-time employment". 
Sec. 11036. Eliminating enterprise establishment requirement for alien entre-
preneurs. 
Sec. 11037. Amendments to pilot immigration program for regional centers to pro-
mote economic growth. 
Subtitle C—Judicial Improvements Act of 2002 
Sec. 11041. Short title. 
Sec. 11042. Judicial discipline procedures. 
Sec. 11043. Technical amendments. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1761 
Sec. 11044. Severability. 
Subtitle D—^Antitrust Modernization Commission Act of 2002 
Sec. 11051. Short title. 
Sec. 11052. Establishment. 
Sec. 11053. Duties of the Commission. 
Sec. 11054. Membership. 
Sec. 11055. Compensation of the Commission. 
^ 
Sec. 11056. Staff of Commission; experts and consviltants. 
Sec. 11057. Powers of the Commission. 
Sec. 11058. Report. 
Sec. 11059. Termination of Commission. 
Sec. 11060. Authorization of appropriations. 
TITLE II-^UVENILE JUSTICE 
Subtitle A—Juvenile Offender Accountabihty 
Sec. 12101. Short title. 
Sec. 12102. Juvenile offender accountability. 
Subtitle B—Juvenile Justice and Delinquency Prevention Act of 2002 
Sec. 12201. Short title. 
Sec. 12202. Findings. 
Sec. 12203. Purpose. 
Sec. 12204. Definitions. 
Sec. 12205. Concentration of Federal effort. 
Sec. 12206. Coordinating Council on Juvenile Justice and Delinquency Prevention. 
Sec. 12207. Annual report. 
Sec. 12208. Allocation. 
Sec. 12209. State plans. 
Sec. 12210. Juvenile delinquency prevention block grant program. 
Sec. 12211. Research; evaluation; technical assistance; training. 
Sec. 12212. Demonstration projects. 
Sec. 12213. Authorization of appropriations. 
Sec. 12214. Administrative authority. 
Sec. 12215. Use of funds. 
Sec. 12216. Limitations on use of funds. 
Sec. 12217. Rules of construction. 
Sec. 12218. Leasing surplus Federal property. 
Sec. 12219. Issuance of rules. 
Sec. 12220. Content of materials. 
Sec. 12221. Technical and conforming amendments. 
Sec. 12222. Incentive grants for local delinquency prevention programs. 
Sec. 12223. Effective date; application of amendments. 
Subtitle C—Juvenile Disposition Hearing 
Sec. 12301. Juvenile disposition hearing. 
TITLE III—INTELLECTUAL PROPERTY 
Subtitle A—Patent and Trademark Office Authorization 
Sec. 13101. Short title. 
Sec. 13102. Authorization of amounts available to the Patent and Trademark Of-
fice. 
^
_
^ 
Sec. 13103. Electronic filing and processing of patent and trademark applications. 
^ 
Sec. 13104. Strategic plan. 
Sec. 13105. Determination of substantial new question of patentability in reexam-
ination proceedings. 
Sec. 13106. Appeals in inter partes reexamination proceedings. 
Subtitle B—Intellectual Property and High Technology Technical Amendments 
Sec. 13201. Short title. 
Sec. 13202. Clarification of Reexamination Procedure Act of 1999; technical amend-
ments. 
Sec. 13203. Patent and Trademark Efficiency Act amendments. 
Sec. 13204. Domestic publication of foreign filed Patent Applications Act of 1999 
amendments. 
Sec. 13205. Domestic publication of patent applications published abroad. 
Sec. 13206. Miscellaneous clerical amendments. 
Sec. 13207. Technical corrections in trademark law. 
Sec. 13208. Patent and trademark fee clerical amendment. 
116 STAT. 1762 
PUBLIC LAW 107-273—NOV. 2, 2002 
Sec. 13209. Copyright related corrections to 1999 Omnibus Reform Act. 
Sec. 13210. Amendments to title 17, United States Code. 
Sec. 13211. Other copyright related technical amendments. 
Subtitle C—Educational Use Copyright Exemption 
Sec. 13301. Educational use copsright exemption. 
Subtitle D—Madrid Protocol Implementation 
Sec. 13401. Short title. 
Sec. 13402. Provisions to implement the protocol relating to the Madrid Agreement 
concerning the international registration of marks. 
Sec. 13403. Effective date. 
TITLE IV—ANTITRUST TECHNICAL CORRECTIONS ACT OF 2002 
Sec. 14101. Short title. 
Sec. 14102. Amendments. 
Sec. 14103. Effective date; application of amendments. 
DIVISION A—21ST CENTURY DEPART-
MENT OF JUSTICE APPROPRIATIONS 
AUTHORIZATION ACT 
TITLE I—AUTHORIZATION OF APPRO-
PRIATIONS FOR FISCAL YEARS 2002 
AND 2003 
SEC. 101. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED FOR 
FISCAL YEAR 2002. 
There are authorized to be appropriated for fiscal year 2002, 
to carry out the activities of the Department of Justice (including 
any bureau, office, board, division, commission, subdivision, unit, 
or other component thereof), the following sums: 
(1) GENERAL ADMINISTRATION.—For General Administra-
tion: $92,668,000. 
(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Adminis-
trative Review and Appeals: $173,647,000 for administration 
of pardon and clemency petitions and for immigration-related 
activities. 
(3) OFFICE OF INSPECTOR GENERAL.—For the Office of 
Inspector General: $50,735,000, which shall include for each 
such fiscal year, not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character. 
(4) GENERAL LEGAL ACTIVITIES.—^For General Legal Activi-
ties: $549,176,000, which shall include for each such fiscal 
year— 
(A) not less than $4,000,000 for the investigation and 
prosecution of denaturalization and deportation cases 
involving alleged Nazi war criminals; and 
(B) not to exceed $20,000 to meet unforeseen emer-
gencies of a confidential character. 
(5) 
ANTITRUST 
DIVISION.—^For the Antitrust Division: 
$130,791,000. 
(6) UNITED STATES ATTORNEYS.—^For United States Attor-
neys: $1,353,968,000, which shall include not less than 
$10,000,000 for the investigation and prosecution of intellectual 
property crimes, including software counterfeiting crimes and 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1763 
crimes identified in the No Electronic Theft (NET) Act (Public 
Law 105-147): Provided, That such amounts in the appropria-
tions account "General Legal Services" as may be expended 
for such investigations or prosecutions shall count towards 
this minimum as though expended from this appropriations 
account. 
(7) FEDERAL BUREAU OF INVESTIGATION.—^For the Federal 
Bureau of Investigation: $3,524,864,000, which shall include 
for each such fiscal year— 
(A) not to exceed $33,791,000 for construction, to 
remain available until expended; and 
(B) not to exceed $70,000 to meet unforeseen emer-
gencies of a confidential character. 
(8) UNITED STATES MARSHALS SERVICE.—For the United 
States Marshals Service: $648,696,000, which shall include for 
each such fiscal year not to exceed $15,000,000 for construction, 
to remain available until expended. 
(9) FEDERAL PRISON SYSTEM.—For the Federal Prison 
System, including the National Institute of Corrections: 
$4,622,152,000. 
(10) FEDERAL PRISONER DETENTION.—^For the support of 
United States prisoners in non-Federal institutions, as author-
ized by section 4013(a) of title 18 of the United States Code: 
$706,182,000, to remain available until expended. 
(11) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug 
Enforcement 
Administration: 
$1,481,783,000, 
which 
shall 
include not to exceed $70,000 to meet unforeseen emergencies 
of a confidential character. 
(12) IMMIGRATION AND NATURALIZATION SERVICE.—For the 
Immigration and Naturalization Service: $3,499,854,000, which 
shall include— 
(A) not to exceed $2,739,695,000 for salaries and 
expenses of enforcement and border affairs (i.e., the Border 
Patrol, deportation, intelligence, investigations, and inspec-
tion programs, and the detention program); 
(B) not to exceed $631,745,000 for salaries and 
expenses of citizenship and benefits (i.e., programs not 
included under subparagraph (A)); 
(C) for each such fiscal year, not to exceed $128,454,000 
for construction, to remain available until expended; and 
(D) not to exceed $50,000 to meet unforeseen emer-
gencies of a confidential character. 
(13) FEES AND EXPENSES OF WITNESSES.—For Fees and 
Expenses of Witnesses: $156,145,000 to remain available until 
expended, which shall include for each such fiscal year not 
to exceed $6,000,000 for construction of protected witness 
safesites. 
(14) 
INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For 
Interagency Crime and Drug Enforcement: $338,577,000, for 
expenses not otherwise provided for, for the investigation and 
prosecution of persons involved in organized crime drug traf-
ficking, except that any funds obligated from appropriations 
authorized by this paragraph may be used under authorities 
available to the organizations reimbursed from such funds. 
(15) 
FOREIGN CLAIMS SETTLEMENT COMMISSION.—For 
the 
Foreign Claims Settlement Commission: $1,136,000. 
116 STAT. 1764 
PUBLIC LAW 107-273—NOV. 2, 2002 
(16) COMMUNITY RELATIONS SERVICE.—^For the Community 
Relations Service: $9,269,000. 
(17) ASSETS FORFEITURE FUND.—For the Assets Forfeiture 
Fund: $22,949,000 for expenses authorized by section 524 of 
title 28, United States Code. 
(18) UNITED STATES PAROLE COMMISSION.—For the United 
States Parole Commission: $9,876,000. 
(19) FEDERAL DETENTION TRUSTEE.—^For the necessary 
expenses of the Federal Detention Trustee: $1,000,000. 
(20) JOINT AUTOMATED BOOKING SYSTEM.—For expenses 
necessary for the operation of the Joint Automated Booking 
System: $1,000,000. 
(21) NARROWBAND COMMUNICATIONS.—^For the costs of 
conversion to narrowband communications, including the cost 
for operation and maintenance of Land Mobile Radio legacy 
systems: $94,615,000. 
(22) RADL\TION EXPOSURE COMPENSATION.—For administra-
tive exi>enses in accordance with the Radiation Exposure Com-
pensation Act: such sumis as necessary. 
(23) COUNTERTERRORISM FUND.—For the Counterterrorism 
Fund for necessary expenses, as determined by the Attorney 
General: $4,989,000. 
(24) OFFICE OF JUSTICE PROGRAMS.—For administrative 
expenses not otherwise provided for, of the Office of Justice 
Programs: $132,862,000. 
SEC. 102. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED FOR 
FISCAL YEAR 2003. 
There are authorized to be appropriated for fiscal year 2003, 
to carry out the activities of the Department of Justice (including 
any bureau, office, board, division, commission, subdivision, unit, 
or other component thereof), the following sums: 
(1) GENERAL ADMINISTRATION.—For General Administra-
tion: $121,079,000. 
(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Adminis-
trative Review and Appeals: $198,869,000 for administration 
of pardon and clemency petitions and for immigration-related 
activities. 
(3) OFFICE OF INSPECTOR GENERAL.—For the Office of 
Inspector General: $66,288,000, which shall include for each 
such fiscal year, not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character. 
(4) GENERAL LEGAL ACTIVITIES.—For General Legal Activi-
ties: $659,181,000, which shall include for each such fiscal 
year— 
(A) not less than $4,000,000 for the investigation and 
prosecution of denaturalization and deportation cases 
involving alleged Nazi war criminals; and 
(B) not to exceed $20,000 to meet unforeseen emer-
gencies of a confidential character. 
(5) 
ANTITRUST DIVISION.—For the Antitrust 
Division: 
$141,855,000. 
(6) UNITED STATES ATTORNEYS.—^For United States Attor-
neys: $1,550,948,000, which shall include not less than 
$10,000,000 for the investigation and prosecution of intellectual 
property crimes, including software counterfeiting crimes and 
crimes identified in the No Electronic Theft (NET) Act (Public 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1765 
Law 105-147): Provided, That such amounts in the appropria-
tions account "General Legal Services" as may be expended 
for such investigations or prosecutions shall count towards 
this minimum as though expended from this appropriations 
account. 
(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal 
Bureau of Investigation: $4,323,912,000, which shall include 
for each such fiscal year— 
(A) not to exceed $1,250,000 for construction, to remain 
available until expended; and 
(B) not to exceed $70,000 to meet unforeseen emer-
gencies of a confidential character. 
(8) UNITED STATES MARSHALS SERVICE.—For the United 
States Marshals Service: $737,346,000, which shall include for 
each such fiscal year not to exceed $15,153,000 for construction, 
to remain available until expended. 
(9) FEDERAL PRISON SYSTEM.—For the Federal Prison 
System, including the National Institute of Corrections: 
$4,605,068,000. 
(10) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug 
Enforcement 
Administration: 
$1,582,044,000, 
which 
shall 
include not to exceed $70,000 to meet unforeseen emergencies 
of a confidential character. 
(11) IMMIGRATION AND NATURALIZATION SERVICE.—For the 
Immigration and Naturalization Service: $4,131,811,000, which 
shall include— 
(A) not to exceed $3,253,561,000 for salaries and 
expenses of Border Patrol, detention and removals, intel-
ligence, 
investigations, 
inspections, and international 
enforcement, including not to exceed $50,000 to meet 
unforeseen emergencies of a confidential character; 
(B) not to exceed $88,598,000 for salaries and expenses 
of immigration services, including international services; 
and 
(C) not to exceed $789,652,000 for salaries and 
expenses for support and administration (i.e., data and 
communications, information and records management, 
construction, etc.). 
(12) FEES AND EXPENSES OF WITNESSES.—^For Fees and 
Expenses of Witnesses: $156,145,000 to remain available until 
expended, which shall include for each such fiscal year not 
to exceed $6,000,000 for construction of protected witness 
safesites. 
(13) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—^For 
Interagency Crime and Drug Enforcement: $362,131,000, for 
expenses not otherwise provided for, for the investigation and 
prosecution of persons involved in organized crime drug traf-
ficking, except that any funds obligated from appropriations 
authorized by this paragraph may be used under authorities 
available to the organizations reimbursed from such funds. 
(14) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the 
Foreign Claims Settlement Commission: $1,194,000. 
(15) COMMUNITY RELATIONS SERVICE.—For the Community 
Relations Service: $10,732,000. 
(16) ASSETS FORFEITURE FUND.—For the Assets Forfeiture 
Fund: $22,949,000 for expenses authorized by section 524 of 
title 28, United States Code. 
116 STAT. 1766 
PUBLIC LAW 107-273—NOV. 2, 2002 
(17) UNITED STATES PAROLE COMMISSION.—^For the United 
States Parole Commission: $11,355,000. 
(18) FEDERAL DETENTION TRUSTEE.—^For the necessary 
expenses of the Federal Detention Trustee: $1,388,583,000. 
(19) IDENTIFICATION SYSTEM INTEGRATION.—For expenses 
necessary for the operation of the Identification System Integra-
tion: $24,505,000. 
(20) NARROWBAND COMMUNICATIONS.—For the costs of 
conversion to narrowband communications, including the cost 
for operation and maintenance of Land Mobile Radio legacy 
systems: $149,292,000. 
(21) RADL^TION EXPOSURE COMPENSATION.—^For administra-
tive expenses in accordance with the Radiation Exposure Com-
pensation Act: such sums as necessary. 
(22) COUNTERTERRORISM FUND.—For the Counterterrorism 
Fund for necessary expenses, as determined by the Attorney 
General: $35,000,000. 
(23) OFFICE OF JUSTICE PROGRAMS.—For administrative 
expenses not otherwise provided for, of the Office of Justice 
Programs: $215,811,000. 
(24) LEGAL ACTIVITIES OFFICE.—For necessary expenses 
related to office automation: $15,942,000. 
SEC. 103. APPOINTMENT OF ADDITIONAL ASSISTANT UNITED STATES 
ATTORNEYS; REDUCTION OF CERTAIN LITIGATION POSI-
TIONS. 
Deadline. 
(a) APPOINTMENTS.—Not later than September 30, 2003, the 
-'attorney General may exercise authority under section 542 of title 
28, United States Code, to appoint 200 assistant United States 
attorneys in addition to the number of assistant United States 
attorneys serving on the date of the enactment of this Act. 
(b) SELECTION OF APPOINTEES.—Individuals first appointed 
under subsection (a) shall be appointed from among attorneys who 
are incumbents of 200 full-time litigation positions in divisions 
of the Department of Justice and whose official duty station is 
at the seat of Government. 
(c) TERMINATION OF POSITIONS.—Each of the 200 litigation posi-
tions that become vacant by reason of an appointment made in 
accordance with subsections (a) and (b) shall be terminated at 
the time the vacancy arises. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section. 
28 use 509 note. 
SEC. 104. AUTHORIZATION FOR ADDITIONAL ASSISTANT UNITED 
STATES ATTORNEYS FOR PROJECT SAFE NEIGHBOR-
HOODS. 
(a) IN GENERAL.—^The Attorney General shall establish a pro-
gram for each United States Attorney to provide for coordination 
with State and local law enforcement officials in the identification 
and prosecution of violations of Federal firearms laws including 
school gun violence and juvenile gun offenses. 
(b) AUTHORIZATION FOR HIRING 94 ADDITIONAL ASSISTANT 
UNITED STATES ATTORNEYS.—There are authorized to be appro-
priated to carry out this section $9,000,000 for fiscal year 2002 
to hire an additional Assistant United States Attorney in each 
United States Attorney Office. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1767 
TITLE II—PERMANENT ENABLING 
PROVISIONS 
SEC. 201. PERMANENT AUTHORITY. 
(a) IN GENERAL.—Chapter 31 of title 28, United States Code, 
is amended by adding at the end the following: 
"§ 530C. Authority to use available fund« 
"(a) IN GENERAL.—Except to the extent provided otherwise 
by law, the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof) may, in the reasonable discretion of the 
Attorney General, be carried out through any means, including— 
"(1) through the Department's own personnel, acting 
within, from, or through the Department itself; 
"(2) by sending or receiving details of personnel to other 
branches or agencies of the Federal Government, on a reimburs-
able, partially-reimbursable, or nonreimbursable basis; 
"(3) through reimbursable agreements with other Federal 
agencies for work, materials, or equipment; 
"(4) through contracts, grants, or cooperative agreements 
with non-Federal parties; and 
"(5) as provided in subsection (b), in section 524, and in 
any other provision of law consistent herewith, including, with-
out limitation, section 102(b) of Public Law 102-395 (106 Stat. 
1838), as incorporated by section 815(d) of Public Law 104-
132 (110 Stat. 1315). 
"(b) PERMITTED USES.— 
"(1) GENERAL PERMITTED USES.—Funds available to 
the 
Attorney General (i.e., all funds available to carry out the 
activities described in subsection (a)) may be used, without 
limitation, for the following: 
"(A) The purchase, lease, maintenance, and operation 
of passenger motor vehicles, or police-type motor vehicles 
for law enforcement purposes, without regard to general 
purchase price limitation for the then-current fiscal year. 
"(B) The purchase of insurance for motor vehicles, 
boats, and aircraft operated in official Government business 
in foreign countries. 
"(C) Services of experts and consultants, including pri-
vate counsel, as authorized by section 3109 of title 5, and 
at rates of pay for individuals not to exceed themaximum 
daily rate payable from time to time under section 5332 
of title 5. 
"(D) Official reception and representation expenses 
(i.e., official expenses of a social nature intended in whole 
or in predominant part to promote goodwill toward the 
Department or its missions, but excluding expenses of 
public tours of facilities of the Department of Justice), 
in accordance with distributions and procedures estab-
lished, and rules issued, by the Attorney General, and 
expenses of public tours of facilities of the Department 
of Justice. 
"(E) Unforeseen emergencies of a confidential char-
acter, to be expended under the direction of the Attorney 
116 STAT. 1768 
PUBLIC LAW 107-273—NOV. 2, 2002 
Notice. 
Deadline. 
General and accounted for solely on the certificate of the 
Attorney General. 
"(F) Miscellaneous and emergency expenses authorized 
or approved by the Attorney General, the Deputy Attorney 
General, the Associate Attorney General, or the Assistant 
Attorney General for Administration. 
"(G) In accordance with procedures established and 
rules issued by the Attorney General— 
"(i) attendance at meetings and seminars; 
"(ii) conferences and training; and 
"(iii) advances of public moneys under section 3324 
of title 31: Provided, That travel advances of such 
moneys to law enforcement personnel engaged in 
undercover activity shall be considered to be public 
money for purposes of section 3527 of title 31. 
"(H) Contracting with individuals for personal services 
abroad, except that such individuals shall not be regarded 
as employees of the United States for the purpose of any 
law administered by the Office of Personnel Management. 
"(I) Payment of interpreters and translators who are 
not citizens of the United States, in accordance with proce-
dures established and rules issued by the Attorney General. 
"(J) Expenses or allowances for uniforms as authorized 
by section 5901 of title 5, but without regard to the general 
purchase price limitation for the then-current fiscal year. 
"(K) Expenses of— 
"(i) primary and secondary schooling for depend-
ents of personnel stationed outside the United States 
at cost not in excess of those authorized by the Depart-
ment of Defense for the same area, when it is deter-
mined by the Attorney General that schools available 
in the locality are unable to provide adequately for 
the education of such dependents; and 
"(ii) transportation of those dependents between 
their place of residence and schools serving the area 
which those dependents would normally attend when 
the Attorney General, under such regulations as he 
may prescribe, determines that such schools are not 
accessible by public means of transportation. 
"(L) payment of rewards (i.e., payments pursuant to 
public advertisements for assistance to the Department 
of Justice), in accordance with procedures and regulations 
established or issued by the Attorney General: Provided, 
That— 
"(i) no such reward shall exceed $2,000,000, 
unless— 
"(I) the reward is to combat domestic terrorism 
or international terrorism (as defined in section 
2331 of title 18); or 
"(II) a statute should authorize a higher 
amount; 
"(ii) no such reward of $250,000 or more may be 
made or offered without the personal approval of either 
the Attorney General or the President; 
"(iii) the Attorney General shall give written notice 
to the Chairmen and ranking minority members of 
the Committees on Appropriations and the Judiciary 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1769 
of the Senate and of the House of Representatives 
not later than 30 days after the approval of a reward 
under clause (ii); 
"(iv) any executive agency or military department 
(as defined, respectively, in sections 105 and 102 of 
title 5) may provide the Attorney General with funds 
for the payment of rewards; and 
"(v) neither the failure of the Attorney General 
to authorize a payment nor the amount authorized 
shall be subject to judicial review. 
"(2) SPECIFIC PERMITTED USES.— 
"(A) AIRCRAFT AND BOATS.—Funds available to the 
Attorney General for United States Attorneys, for the Fed-
eral Bureau of Investigation, for the United States Mar-
shals Service, for the Drug Enforcement Administration, 
and for the Immigration and Naturalization Service may 
be used for the purchase, lease, maintenance, and operation 
of aircraft and boats, for law enforcement purposes. 
"(B) PURCHASE OF AMMUNITION AND FIREARMS; FIRE-
ARMS COMPETITIONS.—Funds available to the Attorney Gen-
eral for United States Attorneys, for the Federal Bureau 
of Investigation, for the United States Marshals Service, 
for the Drug Enforcement Administration, for the Federal 
Prison System, for the Office of the Inspector General, 
and for the Immigration cuid Naturalization Service may 
be used for— 
"(i) the purchase of ammunition and firearms; and 
"(ii) participation in firearms competitions. 
"(C) CONSTRUCTION.—Funds available to the Attorney 
General for construction may be used for expenses of plan-
ning, designing, acquiring, building, constructing, acti-
vating, 
renovating, 
converting, 
expanding, 
extending, 
remodeling, equipping, repairing, or maintaining buildings 
or facilities, including the expenses of acquisition of sites 
therefor, and all necessary expenses incident or related 
thereto; but the foregoing shall not be construed to mean 
that funds generally available for salaries and expenses 
are not also available for certain incidental or minor 
construction, activation, remodeling, maintenance, and 
other related construction costs. 
"(3) FEES AND EXPENSES OF WITNESSES.—Funds available 
to the Attorney General for fees and expenses of witnesses 
may be used for— 
"(A) expenses, mileage, compensation, protection, and 
per diem in lieu of subsistence, of witnesses (including 
advances of public money) and as authorized by section 
1821 or other law, except that no witness may be paid 
more than 1 attendance fee for any 1 calendar day; 
"(B) fees and expenses of neutrals in alternative dis-
pute resolution proceedings, where the Department of Jus-
tice is a party; and 
"(C) construction of protected witness safesites. 
"(4) FEDERAL BUREAU OF INVESTIGATION.—Funds available 
to the Attorney General for the Federal Bureau of Investigation 
for the detection, investigation, and prosecution of crimes 
against the United States may be used for the conduct of 
all its authorized activities. 
116 STAT. 1770 
PUBLIC LAW 107-273—NOV. 2, 2002 
"(5) IMMIGRATION AND NATURALIZATION SERVICE.—Funds 
available to the Attorney General for the Immigration and 
Naturalization Service may be used for— 
"(A) acquisition of land as sites for enforcement fences, 
and construction incident to such fences; 
"(B) cash advances to aliens for meals and lodging 
en route; 
"(C) refunds of maintenance bills, immigration fines, 
and other items properly returnable, except deposits of 
aliens who become public charges and deposits to secure 
payment of fines and passage money; and 
"(D) expenses and allowances incurred in tracking lost 
persons, as required by public exigencies, in aid of State 
or local law enforcement agencies. 
"(6) 
FEDERAL PRISON SYSTEM.—Funds available to 
the 
Attorney Greneral for the Federal Prison System may be used 
for— 
"(A) inmate medical services and inmate legal services, 
within the Federal prison system; 
"(B) the purchase and exchange of farm products and 
livestock; 
"(C) the acquisition of land as provided in section 4010 
of title 18; and 
"(D) the construction of buildings and facilities for 
penal and correctional 
institutions 
(including 
prison 
camps), by contract or force account, including the payment 
of United States prisoners for their work performed in 
any such construction; 
except that no funds may be used to distribute or make avail-
able to a prisoner any commercially published information or 
material that is sexually explicit or features nudity. 
"(7) DETENTION TRUSTEE.—Funds available to the Attorney 
General for the Detention Trustee may be used for all the 
activities of such Trustee in the exercise of all power and 
functions authorized by law relating to the detention of Federal 
prisoners in non-Federal institutions or otherwise in the custody 
of the United States Marshals Service and to the detention 
of aliens in the custody of the Immigration and Naturalization 
Service, including the overseeing of construction of detention 
facilities or for housing related to such detention, the manage-
ment of funds appropriated to the Department for the exercise 
of detention functions, and the direction of the United States 
Marshals Service and Immigration Service with respect to the 
exercise of detention policy setting and operations for the 
Department of Justice. 
"(c) RELATED PROVISIONS.— 
"(1) 
LIMITATION 
OF 
COMPENSATION 
OF 
INDIVIDUALS 
EMPLOYED AS ATTORNEYS.—No funds available to the Attorney 
General may be used to pay compensation for services provided 
by an individual employed as an attorney (other than an indi-
vidual employed to provide services as a foreign attorney in 
special cases) unless such individual is duly licensed and 
authorized to practice as an attorney under the law of a State, 
a territory of the United States, or the District of Columbia. 
"(2) REIMBURSEMENTS PAID TO GOVERNMENTAL ENTITIES.— 
Funds available to the Attorney General that are paid as 
reimbursement to a governmental unit of the Department of 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1771 
Justice, to another Federal entity, or to a unit of State or 
local government, may be used under authorities available to 
the unit or entity receiving such reimbursement. 
"(d) FOREIGN REIMBURSEMENTS.—Whenever the Department of 
Justice or any component participates in a cooperative project to 
improve law enforcement or national security operations or services 
with a friendly foreign country on a cost-sharing basis, any 
reimbursements or contributions received from that foreign country 
to meet its share of the project may be credited to appropriate 
current appropriations accounts of the Department of Justice or 
any component. The amount of a reimbursement or contribution 
credited shall be available only for pa5mient of the share of the 
project expenses allocated to the participating foreign country. 
"(e) RAILROAD POLICE TRAINING FEES.—The Attorney General 
is authorized to establish and collect a fee to defray the costs 
of railroad police officers participating in a Federal Bureau of Inves-
tigation law enforcement training program authorized by Public 
Law 106-110, and to credit such fees to the appropriation account 
'Federal Bureau of Investigation, Salaries and Expenses', to be 
available until expended for salaries and expenses incurred in pro-
viding such services. 
"(f) WARRANTY WORK.—In instances where the Attorney Gen-
eral determines that law enforcement-, security-, or mission-related 
considerations mitigate against obtaining maintenance or repair 
services from private sector entities for equipment under warranty, 
the Attorney General is authorized to seek reimbursement from 
such entities for warranty work performed at Department of Justice 
facilities, £ind to credit any payment made for such work to any 
appropriation charged therefor.". 
(b) CONFORMING AMENDMENT.—The table of sections of chapter 
31 of title 28, United States Code, is amended by adding at the 
end the following: 
"530C. Authority to use available funds.". 
SEC. 202. PERMANENT AUTHORITY RELATING TO ENFORCEMENT OF 
LAWS. 
(a) IN GENERAL.—Chapter 31 of title 28, United States Code 
(as amended by section 201), is amended by adding at the end 
the following: 
*
*
§ 530D. Report on enforcement of laws 
"(a) REPORT.— 
"(1) IN GENERAL.—The Attorney General shall submit to 
the Congress a report of any instance in which the Attorney 
General or any officer of the Department of Justice— 
"(A) establishes or implements a formal or informal 
policy to refrain— 
"(i) from enforcing, applying, or administering any 
provision of any Federal statute, rule, regulation, pro-
gram, policy, or other law whose enforcement, applica-
tion, or administration is within the responsibility of 
the Attorney General or such officer on the grounds 
that such provision is unconstitutional; or 
"(ii) within any judicial jurisdiction of or within 
the United 
States, from 
adhering to, 
enforcing, 
applying, or complying with, any standing rule of deci-
sion (binding upon courts of, or inferior to those of. 
116 STAT. 1772 
PUBLIC LAW 107-273—NOV. 2, 2002 
that jurisdiction) established by a final decision of any 
court of, or superior to those of, that jurisdiction, 
respecting the interpretation, construction, or applica-
tion of the Constitution, any statute, rule, regulation, 
program, policy, or other law whose enforcement, 
application, or administration is within the responsi-
bility of the Attorney General or such officer; 
"(B) determines— 
"(i) to contest affirmatively, 
in any judicial, 
administrative, or other proceeding, the constitu-
tionality of any provision of any Federal statute, rule, 
regulation, program, policy, or other law; or 
"(ii) to refrain (on the grounds that the provision 
is unconstitutional) from defending or asserting, in 
any judicial, administrative, or other proceeding, the 
constitutionality of any provision of any Federal 
statute, rule, regulation, program, policy, or other law, 
or not to appeal or request review of any judicial, 
administrative, 
or 
other 
determination 
adversely 
affecting the constitutionality of any such provision; 
or 
"(C) approves (other than in circumstances in which 
a report is submitted to the Joint Committee on Taxation, 
pursuant to section 6405 of the Internal Revenue Code 
of 1986) the settlement or compromise (other than in bank-
ruptcy) of any claim, suit, or other action— 
"(i) against the United States (including any 
agency or instrumentality thereof) for a sum that 
exceeds, or is likely to exceed, $2,000,000, excluding 
prejudgment interest; or 
"(ii) by the United States (including any agency 
or instrumentality thereof) pursuant to an agreement, 
consent decree, or order (or pursuant to any modifica-
tion of an agreement, consent decree, or order) that 
provides injunctive or other nonmonetary relief that 
exceeds, or is likely to exceed, 3 years in duration: 
Provided, That for purposes of this clause, the term 
"injunctive or other nonmonetary relief shall not be 
understood to include the following, where the same 
are a matter of public record— 
"(I) debarments, suspensions, or other exclu-
sions from Government contracts or grants; 
"(II) mere reporting requirements or agree-
ments (including sanctions for failure to report); 
"(III) requirements or agreements merely to 
, 
comply with statutes or regulations; 
"(IV) requirements or agreements to surrender 
professional licenses or to cease the practice of 
professions, occupations, or industries; 
"(V) any criminal sentence or any require-
ments or agreements to perform 
community 
service, to serve probation, or to participate in 
supervised release from detention, confinement, or 
prison; or 
"(VI) agreements to cooperate with the govern-
ment in investigations or prosecutions (whether 
or not the agreement is a matter of public record). 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1773 
"(2) 
SUBMISSION OF REPORT TO THE CONGRESS.—For 
the 
purposes of paragraph (1), a report shall be considered to be 
submitted to the Congress if the report is submitted to— 
"(A) the majority leader and minority leader of the 
Senate; 
"(B) the Speaker, majority leader, and minority leader 
of the House of Representatives; 
"(C) the chairman and ranking minority member of 
the Committee on the Judiciary of the House of Representa-
tives and the chairman and ranking minority member of 
the Committee on the Judiciary of the Senate; and 
"(D) the Senate Legal Counsel and the General Counsel 
of the House of Representatives. 
"(b) DEADLINE.^A report shall be submitted^ 
"(1) under subsection (a)(1)(A), not later than 30 days after 
the establishment or implementation of each policy; 
"(2) under subsection (a)(1)(B), within such time as will 
reasonably enable the House of Representatives and the Senate 
to take action, separately or jointly, to intervene in timely 
fashion in the proceeding, but in no event later than 30 days 
after the making of each determination; and 
"(3) under subsection (a)(1)(C), not later than 30 days after 
the conclusion of each fiscal-year quarter, with respect to all 
approvals occurring in such quarter. 
"(c) CONTENTS.—^A report required by subsection (a) shall— 
"(1) specify the date of the establishment or implementation 
of the policy described in subsection (aXl)(A), of the making 
of the determination described in subsection (a)(1)(B), or of 
each approval described in subsection (a)(1)(C); 
"(2) include a complete and detailed statement of the rel-
evant issues and background (including a complete and detailed 
statement of the reasons for the policy or determination, and 
the identity of the officer responsible for establishing or imple-
menting such policy, making such determination, or approving 
such settlement or compromise), except that— 
"(A) such details may be omitted as may be absolutely 
necessary to prevent improper disclosure of national-
security- or classified information, of any information sub-
ject to the deliberative-process-, executive-, attomey-work-
product-, or attorney-client privileges, or of any information 
the disclosure of which is prohibited by section 6103 of 
the Internal Revenue Code of 1986, or other law or any 
court order if the fact of each such omission (and the 
precise ground or grounds therefor) is clearly noted in 
the statement: Provided, That this subparagraph shall not 
be construed to deny to the Congress (including any House, 
Committee, or agency thereof) any such omitted details 
(or related information) that it lawfully may seek, subse-
quent to the submission of the report; and 
"(B) the requirements of this paragraph shall be 
deemed satisfied— 
"(i) in the case of an approval described in sub-
section (a)(l)(C)(i), if an unredacted copy of the entire 
settlement agreement and consent decree or order (if 
any) is provided, along with a statement indicating 
the legal and factual basis or bases for the settlement 
116 STAT. 1774 
PUBLIC LAW 107-273—NOV. 2, 2002 
2 u s e 288k. 
Notification. 
Deadline. 
28 u s e 530D 
note. 
Deadline. 
Reports. 
28 u s e 530D 
note. 
or compromise (if not apparent on the face of docu-
ments provided); and 
"(ii) in the case of an approval described in sub-
section (a)(lXC)(ii), if an unredacted copy of the entire 
settlement agreement and consent decree or order (if 
any) is provided, along with a statement indicating 
the injunctive or other nonmonetary relief (if not 
apparent on the face of documents provided); and 
"(3) in the case of a determination described in subsection 
(a)(1)(B) or an approval described in subsection (aXl)(C), 
indicate the nature, tribunal, identifying information, and 
status of the proceeding, suit, or action. 
"(d) DECLARATION.—In the case of a determination described 
in subsection (a)(1)(B), the representative of the United States 
participating in the proceeding shall make a clear declaration in 
the proceeding that any position expressed as to the constitu-
tionality of the provision involved is the position of the executive 
branch of the Federal Government (or, as applicable, of the Presi-
dent or of any executive agency or military department). 
"(e) APPLICABILITY TO THE PRESIDENT AND TO EXECUTIVE AGEN-
CIES AND MILITARY DEPARTMENTS.—The reporting, declaration, and 
other provisions of this section relating to the Attorney General 
and other officers of the Department of Justice shall apply to 
the President (but only with respect to the promulgation of any 
unclassified Executive order or similar memorandum or order), 
to the head of each executive agency or military department (as 
defined, respectively, in sections 105 and 102 of title 5, United 
States Code) that establishes or implements a policy described 
in subsection (a)(1)(A) or is authorized to conduct litigation, and 
to the officers of such executive agency.", 
(b) CONFORMING AMENDMENTS.— 
(1) The table of sections for chapter 31 of title 28, United 
States Code (as amended by section 201), is amended by adding 
at the end the following: 
"530D. Report on enforcement of laws.". 
(2) Section 712 of Public Law 95-521 (92 Stat. 1883) is 
amended by striking subsection (b) and inserting: 
"(b) The Attorney General shall notify Counsel as required 
by section 530D of title 28.". 
(3) Not later than 30 days after the date of the enactment 
of this Act, the President shall advise the head of each executive 
agency or military department (as defined, respectively, in sec-
tions 105 and 102 of title 5, United States Code) of the enact-
ment of this section. 
(4)(A) Not later than 90 days after the date of the enact-
ment of this Act, the Attorney General (and, as applicable, 
the President, and the head of any executive agency or military 
department described in subsection (e) of section 530D of title 
28, United States Code, as added by subsection (a)) shall submit 
to Congress a report (in accordance with subsections (a), (c), 
and (e) of such section) on— 
(i) all policies of which the Attorney General and 
applicable official 
are aware described in subsection 
(a)(1)(A) of such section that were established or imple-
mented before the date of the enactment of this Act and 
were in effect on such date; and 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1775 
(ii) all determinations of which the Attorney General 
and applicable official are aware described in subsection 
(a)(1)(B) of such section that were made before the date 
of the enactment of this Act and were in effect on such 
date. 
(B) If a determination described in subparagraph (A)(iij 
relates to any judicial, administrative, or other proceeding that 
is pending in the 90-day period beginning on the date of the 
enactment of this Act, with respect to any such determination, 
then the report required by this paragraph shall be submitted 
within such time as will reasonably enable the House of Rep-
resentatives and the Senate to take action, separately or jointly, 
to intervene in timely fashion in the proceeding, but not later 
than 30 days after the date of the enactment of this Act. 
(5) Section 101 of Public Law 106-57 (113 Stat. 414) is 2USCl30f. 
amended by striking subsection (b). 
SEC. 203. MISCELLANEOUS USES OF FUNDS; TECHNICAL AMEND-
MENTS. 
(a) BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS.—Title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) is amended— 
(1) in section 504(a) by striking "502" and inserting 42USC3754. 
"501(b)"; 
(2) in section 506(a)( 1) by striking "participating"; 
42 USC 3756. 
(3) in section 510(a)(3) by striking "502" and inserting 42 USC 3760. 
"501(b)"; 
(4) in section 510 by adding at the end the following: 
"(d) No grants or contracts under subsection (b) may be made, 
entered into, or used, directly or indirectly, to provide any security 
enhancements or any equipment to any non-governmental entity 
that is not engaged in law enforcement or law enforcement support, 
criminal or juvenile justice, or delinquency prevention."; and 
(5) in section 511 by striking "503" and inserting "501(b)". 42 USC 3761. 
(b) ATTORNEYS SPECIALLY RETAINED BY THE ATTORNEY GEN-
ERAL.—^The 3d sentence of section 515(b) of title 28, United States 
Code, is amended by striking "at not more than $12,000". 
SEC. 204. 
TECHNICAL AND MISCELLANEOUS AMENDMENTS TO 
DEPARTMENT 
OF 
JUSTICE 
AUTHORITIES; 
AUTHORITY 
TO 
TRANSFER PROPERTY OF MARGINAL 
VALUE; 
RECORD-
KEEPING; 
PROTECTION 
OF 
THE 
ATTORNEY 
GENERAL. 
(a) Section 524 of title 28, United States Code, is eimended— 
(1) in subsection (a) by inserting "to the Attorney Genersd" 
after "available"; 
(2) in subsection (c)(1)— 
(A) by striking the semicolon at the end of the 1st 
subparagraph (I) and inserting a period; 
(B) by striking the 2d subparagraph (I); 
(C) by striking "(A)(iv), (B), (F), (G), and (H)" in the 
first sentence following the second subparagraph (I) and 
inserting "(B), (F), and (G)"; and 
(D) by striking "fund" in the 3d sentence following 
the 2d subparagraph (I) and inserting "Fimd"; 
(3) in subsection (c)(2)— 
116 STAT. 1776 
PUBLIC LAW 107-273—NOV. 2, 2002 
(A) by inserting before the period in the last sentence 
", without both the personal approval of the Attorney Gen-
eral and written notice within 30 days thereof to the Chair-
men and ranking minority members of the Committees 
on Appropriations and the Judiciary of the Senate and 
of the House of Representatives"; 
(B) by striking "for information" each place it appears; 
and 
(C) by striking "$250,000" the 2d and 3d places it 
appears and inserting "$500,000"; 
(4) in subsection (c)(3) by striking "(F)" and inserting "(G)"; 
(5) in subsection (c)(5) by striking "Fund which" and 
inserting "Fund, that"; 
(6) in subsection (c)(8)(A), by striking "(A)(iv), (B), (F), 
(G), and (H)" and inserting "(B), (F), and (G)"; and 
(7) in subsection (c)(9)(B)— 
(A) by striking "year 1997" and inserting "years 2002 
and 2003"; and 
(B) by striking "Such transfer shall not" and inserting 
"Each such transfer shall be subject to satisfaction by the 
recipient involved of any outstanding lien against the prop-
erty transferred, but no such transfer shall". 
(b) Section 522 of title 28, United States Code, is amended 
by inserting "(a)" before "The", and by inserting at the end the 
following: 
"(b) With respect to any data, records, or other information 
acquired, collected, classified, preserved, or published by the 
Attorney General for any statistical, research, or other aggregate 
reporting purpose beginning not later than 1 year after the date 
of enactment of 21st Century Department of Justice Appropriations 
Authorization Act and continuing thereafter, and notwithstanding 
any other provision of law, the same criteria shall be used (and 
shall be required to be used, as applicable) to classify or categorize 
offenders and victims (in the criminal context), and to classify 
or categorize actors and acted upon (in the noncriminal context).". 
(c) Section 534(a)(3) of title 28, United States Code, is amended 
by adding "and" after the semicolon. 
(d) Section 509(-3) of title 28, United States Code, is amended 
by striking the 2d period. 
(e) Section 533 of title 28, United States Code, is amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by adding after paragraph (2) a new paragraph as 
follows: 
"(3) to assist in the protection of the person of the Attorney 
General.". 
31 use 6503 
(f) No compensation or reimbursement paid pursuant to section 
note. 
501(a) of Public Law 99-603 (100 Stat. 3443) or section 241(i) 
of the Act of June 27, 1952 (ch. 477) shall be subject to section 
6503(d) of title 31, United States Code, and no funds available 
to the Attorney General may be used to pay any assessment made 
pursuant to such section 6503 with respect to any such compensa-
tion or reimbursement. 
28 use 527 note. 
(g) Section 108 of Public Law 103-121 (107 Stat. 1164) is 
amended by replacing "three" with "six", by replacing "only" with 
", first,", and by replacing "litigation." with "litigation, and, there-
after, for financial systems, and other personnel, administrative, 
and litigation expenses of debt collection activities.". 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1777 
SEC. 205. OVERSIGHT; WASTE, FRAUD, AND ABUSE WITHIN THE 
DEPARTMENT OF JUSTICE. 
(a) Section 529 of title 28, United States Code, is amended 
by inserting "(a)" before "Beginning", and by adding at the end 
the following: 
"(b) Notwithstanding any provision of law limiting the amount Deadline. 
of management or administrative expenses, the Attorney General Reports. 
shall, not later than May 2, 2003, and of every year thereafter, 
prepare and provide to the Committees on the Judiciary and Appro-
priations of each House of the Congress using funds available 
for the underlying programs— 
"(1) a report identifying and describing every grant (other 
than one made to a governmental entity, pursuant to a statu-
tory formula), cooperative agreement, or programmatic services 
contract that was made, entered into, awarded, or, for which 
additional or supplemental funds were provided in the imme-
diately preceding fiscal year, by or on behalf of the Office 
of Justice Programs (including any component or unit thereof, 
and the Office of Community Oriented Policing Services), and 
including, without limitation, for each such grant, cooperative 
agreement, or contract: the term, the dollar amount or value, 
a description of its specific purpose or purposes, the names 
of all grantees or parties, the names of each unsuccessful 
applicant or bidder, and a description of the specific purpose 
or purposes proposed in each unsuccessful application or bid, 
and of the reason or reasons for rejection or denial of the 
same; and 
"(2) a report identifying and reviewing every grant (other 
than one made to a governmental entity, pursuant to a statu-
tory formula), cooperative agreement, or programmatic services 
contract over $5,000,000 made, entered into, awarded, or for 
which additional or supplemental funds were provided, after 
October 1, 2002, by or on behalf of the Office of Justice Pro-
grams (including any component or unit thereof, and the Office 
of Community Oriented Policing Services) that was program-
matically and financially closed out or that otherwise ended 
in the immediately preceding fiscal year (or even if not yet 
closed out, was terminated or otherwise ended in the fiscal 
year that ended 2 years before the end of such immediately 
preceding fiscal year), and including, without limitation, for 
each such grant, cooperative agreement, or contract: a descrip-
tion of how the appropriated funds involved actually were spent, 
statistics relating to its performance, its specific purpose or 
purposes, and its effectiveness, and a written declaration by 
each non-Federal grantee and each non-Federal party to such 
agreement or to such contract, that— 
"(A) the appropriated funds were spent for such pur-
pose or purposes, and only such purpose or purposes; 
"(B) the terms of the grant, cooperative agreement, 
or contract were complied with; and 
"(C) all documentation necessary for conducting a full 
and proper audit under generally accepted accounting prin-
ciples, and any (additional) documentation that may have 
been required under the grant, cooperative agreement, or 
contract, have been kept in orderly fashion and will be 
preserved for not less than 3 years from the date of such 
close out, termination, or end; 
116 STAT. 1778 
PUBLIC LAW 107-273—NOV. 2, 2002 
except that the requirement of this paragraph shall be deemed 
satisfied with respect to any such description, statistics, or 
declaration if such non-Federal grantee or such non-Federal 
party shall have failed to provide the same to the Attorney 
General, and the Attorney General notes the fact of such failure 
and the name of such grantee or such party in the report.". 
(b) Section 1913 of title 18, United States Code, is amended 
by striking "to favor" and inserting "a jurisdiction, or an official 
of any government, to favor, adopt,", by inserting ", law, ratification, 
policy," after "legislation" every place it appears, by striking "by 
Congress" the 2d place it appears, by inserting "or such official" 
before ", through the proper", by inserting ", measure," before 
"or resolution", by striking "Members of Congress on the request 
of any Member" and inserting "any such Member or official, at 
his request,", by striking "for legislation" and inserting "for any 
legislation", and by striking the period and the paragraph following 
"business" and inserting ", or from making any communication 
whose prohibition by this section might, in the opinion of the 
Attorney General, violate the Constitution or interfere with the 
conduct of foreign policy, counter-intelligence, intelligence, or 
national security activities. Violations of this section shall constitute 
violations of section 1352(a) of title 31.". 
(c) Section 1516(a) of title 18, United States Code, is amended 
by inserting ", entity, or program" after "person", and by inserting 
"grant, or cooperative agreement," after "subcontract,". 
(d) Section 112 of title I of section 101(b) of division A of 
42 use 3712 
Public Law 105-277 (112 Stat. 2681-67) is amended by striking 
note- 
"fiscal year" and all that follows through "Justice—", and inserting 
"any fiscal year the Attorney General—". 
(e) Section 2320(f) of title 18, United States Code, is amended— 
(1) by striking "title 18" each place it appears and inserting 
"this title"; and 
(2) by redesignating paragraphs (1) through (4) as subpara-
graphs (A) through (D), respectively; 
(3) by inserting "(1)" after "(f)"; and 
(4) by adding at the end the following: 
"(2)(A) The report under paragraph (1), with respect to criminal 
infringement of copyright, shall include the following: 
"(i) The number of infringement cases in these categories: 
audiovisual (videos and films); audio (sound recordings); literary 
works (books and musical compositions); computer programs; 
video games; and, others. 
"(ii) The number of online infringement cases. 
"(iii) The number and dollar amounts of fines assessed 
in specific categories of dollar amounts. These categories shall 
be: no fines ordered; fines under $500; fines from $500 to 
$1,000; fines from $1,000 to $5,000; fines from $5,000 to 
$10,000; and fines over $10,000. 
"(iv) The total amount of restitution ordered in all copyright 
infringement cases. 
"(B) In this paragraph, the term 'online infringement cases' 
as used in paragraph (2) means those cases where the infringer— 
"(i) advertised or publicized the infringing work on the 
Internet; or 
"(ii) made the infringing work available on the Internet 
for download, reproduction, performance, or distribution by 
other persons. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1779 
"(C) The information required under subparagraph (A) shall 
be submitted in the report required in fiscal year 2005 and there-
after.". 
SEC. 206. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY ATTORNEY 
GENERAL. 
Section 535 of title 28, United States Code, is amended in 
subsections (a) and (b), by replacing "title 18" with "Federal criminal 
law", and in subsection (b), by replacing "or complaint" the 1st 
place it appears with "matter, or complaint witnessed, discovered, 
or", and by inserting "or the witness, discoverer, or recipient, as 
appropriate," after "agency,". 
SEC. 207. STRENGTHENING LAW ENFORCEMENT IN UNITED STATES 
TERRITORIES, COMMONWEALTHS, AND POSSESSIONS. 
(a) EXTENDED ASSIGNMENT INCENTIVE.—Chapter 57 of title 5, 
United States Code, is amended— 
(1) in subchapter IV, by inserting at the end the following: 
"§ 5757. Extended assignment incentive 
"(a) The head of an Executive agency may pay an extended 
assignment incentive to an employee if— 
"(1) the employee has completed at least 2 years of contin-
uous service in 1 or more civil service positions located in 
a territory or possession of the United States, the Common-
wealth of Puerto Rico, or the Commonwealth of the Northern 
Mariana Islands; 
"(2) the agency determines that replacing the employee 
with another employee possessing the required qualifications 
and experience would be difficult; and 
"(3) the agency determines it is in the best interest of 
the Government to encourage the employee to complete a speci-
fied additional period of employment with the agency in the 
territory or possession, the Commonwealth of Puerto Rico or 
Commonwealth of the Northern Mariana Islands, except that 
the total amount of service performed in a particular territory, 
commonwealth, or possession under 1 or more agreements 
established under this section may not exceed 5 years. 
"(b) The sum of extended assignment incentive payments for 
a service period may not exceed the greater of— 
"(1) an amount equal to 25 percent of the annual rate 
of basic pay of the employee at the beginning of the service 
period, times the number of years in the service period; or 
"(2) $15,000 per year in the service period. 
"(c)(1) Payment of an extended assignment incentive shall be 
contingent upon the employee entering into a written agreement 
with the agency specifying the period of service and other terms 
and conditions under which the extended assignment incentive 
is payable. 
"(2) The agreement shall set forth the method of payment, 
including any use of an initial lump-sum payment, installment 
payments, or a final lump-sum payment upon completion of the 
entire period of service. 
"(3) The agreement shall describe the conditions under which 
the extended assignment incentive may be canceled prior to the 
116 STAT. 1780 
PUBLIC LAW 107-273—NOV. 2, 2002 
completion of agreed-upon service period and the effect of the can-
cellation. The agreement shall require that if, at the time of can-
cellation of the incentive, the employee has received incentive pay-
ments which exceed the amount which bears the same relationship 
to the total amount to be paid under the agreement as the completed 
service period bears to the agreed-upon service period, the employee 
shall repay that excess amount, at a minimum, except that an 
employee who is involuntarily reassigned to a position stationed 
outside the territory, commonwealth, or possession or involuntarily 
separated (not for cause on charges of misconduct, delinquency, 
or inefficiency) may not be required to repay any excess amounts. 
"(d) An agency may not put an extended assignment incentive 
into effect during a period in which the employee is fulfilling a 
recruitment or relocation bonus service agreement under section 
5753 or for which an employee is receiving a retention allowance 
under section 5754. 
"(e) Extended assignment incentive pa3nnents may not be 
considered part of the basic pay of an employee. 
"(f) The Office of Personnel Management may prescribe regula-
tions for the administration of this section, including regulations 
on an employee's entitlement to retain or receive incentive payments 
when an agreement is canceled. Neither this section nor imple-
menting regulations may impair any agency's independent authority 
to administratively determine compensation for a class of its 
employees."; and 
(2) in the analysis by adding at the end the following: 
"5757. Extended assignment incentive.". 
(b) CONFORMING AMENDMENT.—Section 5307(a)(2)(B) of title 
5, United States Code, is amended by striking "or 5755" and 
inserting "5755, or 5757". 
5 use 5307 note. 
(c) EFFECTIVE DATE.—^The amendments made by this section 
shall take effect on the first day of the first applicable pay period 
beginning on or after 6 months after the date of enactment of 
this Act. 
Deadline. 
(d) REPORT.—No later than 3 years after the effective date 
5 use 5757 note, of this Section, the Office of Personnel Management, after consulta-
tion with affected agencies, shall submit a report to Congress 
assessing the effectiveness of the extended assignment incentive 
authority as a human resources management tool and making 
recommendations for any changes necessary to improve the 
effectiveness of the incentive authority. Each agency shall maintain 
such records and report such information, including the number 
and size of incentive offers made and accepted or declined by 
geographic location and occupation, in such format and at such 
times as the Office of Personnel Management may prescribe, for 
use in preparing the report. 
TITLE III—MISCELLANEOUS 
SEC. 301. REPEALERS. 
(a) 
OPEN-ENDED AUTHORIZATION OF APPROPRIATIONS FOR 
NATIONAL INSTITUTE OF CORRECTIONS.—Chapter 319 of title 18, 
United States Code, is amended by striking section 4353. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1781 
(b) 
OPEN-ENDED 
AUTHORIZATION 
OF APPROPRIATIONS FOR 
UNITED STATES MARSHALS SERVICE.—Section 561 of title 28, United 
States Code, is amended by striking subsection (i). 
(c) REDUNDANT AUTHORIZATIONS OF PAYMENTS FOR REWARDS.— 
(1) Public Law 107-56 is amended by striking section 501. 18USC3071 
(2) Chapter 203 of title 18, United States Code, is amended note, 
by striking sections 3059, 3059A, 3059B, 3075, and all the 
matter after the first sentence of 3072. 
(3) Public Law 101-647 is amended in section 2565, by 12USC4205, 
replacing all the matter after "2561" in subsection (cXD with 4209. 
"the Attorney General may, in his discretion, pay a reward 
to the declarant" and by striking subsection (e); and by striking 
section 2569. 
SEC. 302. TECHNICAL AMENDMENTS TO TITLE 18 OF THE UNITED 
STATES CODE. 
Title 18 of the United States Code is amended— 
(1) in section 4041 by striking "at a salary of $10,000 
a year"; 
(2) in section 4013— 
(A) in subsection (a)— 
(i) by replacing "the support of United States pris-
oners" with "Federal prisoner detention"; 
(ii) in paragraph (2) by adding "and" after "hire;"; 
(iii) in paragraph (3) by replacing "entities; and" 
with "entities."; and 
(iv) in paragraph (4) by inserting "The Attorney 
General, in support of Federal prisoner detainees in 
non-Federal institutions, is authorized to make pay-
ments, from funds appropriated for State and local 
law enforcement assistance, for" before "entering"; and 
(B) by redesignating— 
(i) subsections (b) and (c) as subsections (c) and 
(d); and 
(ii) paragraph (aX4) as subsection (b), and subpara-
graphs (A), (B), and (C), of such paragraph (a)(4) as 
paragraphs (1), (2), and (3) of such subsection (b); 
and 
(3) in section 209(a)— 
(A) by striking "or makes" and inserting "makes"; and 
(B) by striking "supplements the salary of, any" and 
inserting "supplements, the salary of any". 
SEC. 303. REQUIRED SUBMISSION OF PROPOSED AUTHORIZATION OF 
APPROPRIATIONS FOR THE DEPARTMENT OF JUSTICE 
FOR FISCAL YEARS 2004 AND 2005. 
When the President submits to the Congress the budget of 
the United States Government for fiscal year 2004, the President 
shall simultaneously submit to the Committee on the Judiciary 
of the House of Representatives and the Committee on the Judiciary 
of the Senate such proposed legislation authorizing appropriations 
for the Department of Justice for fiscal years 2004 and 2005 as 
the President may judge necessary and expedient. 
SEC. 304. STUDY OF UNTESTED RAPE EXAMINATION KITS. 
Not later than 6 months after the date of enactment of this Deadline. 
Act, the Attorney General shall conduct a study to assess and Reports, 
report to Congress the number of untested rape examination kits 
116 STAT. 1782 
PUBLIC LAW 107-273—NOV. 2, 2002 
that currently exist nationwide and shall submit to the Congress 
a report containing a summary of the results of such study. For 
the purpose of carrying out such study, the Attorney General shall 
attempt to collect information from all law enforcement jurisdictions 
in the United States. 
SEC. 305. REPORTS ON USE OF DCS 1000 (CARNIVORE). 
18 use 3126 
(a) REPORT ON U S E OF DCS 
1000 
(CARNIVORE) TO IMPLEMENT 
note. 
ORDERS UNDER 18 U.S.C. 3123.—At the same time that the 
Attorney General submits to Congress the annual reports required 
by section 3126 of title 18, United States Code, that are respectively 
next due after the end of each of the fiscal years 2002 and 2003, 
the Attorney General shall also submit to the Chairmen and ranking 
minority members of the Committees on the Judiciary of the Senate 
and of the House of Representatives a report, covering the same 
respective time period, on the number of orders under section 
3123 applied for by law enforcement agencies of the Department 
of Justice whose implementation involved the use of the DCS 1000 
program (or any subsequent version of such program), which report 
shall include information concerning— 
(1) the period of interceptions authorized by the order, 
and the number and duration of any extensions of the order; 
(2) the offense specified in the order or application, or 
extension of an order; 
(3) the number of investigations involved; 
(4) the number and nature of the facilities affected; 
(5) the identity of the applying investigative or law enforce-
ment agency making the application for an order; and 
(6) the specific persons authorizing the use of the DCS 
1000 program (or any subsequent version of such program) 
in the implementation of such order. 
18 use 2519 
(b) REPORT ON USE OF DCS 
1000 
(CARNIVORE) TO IMPLEMENT 
note. 
ORDERS UNDER 18 U.S.C. 2518.—At the same time that the 
Attorney General, or Assistant Attorney General specially des-
ignated by the Attorney General, submits to the Administrative 
Office of the United States Courts the annual report required by 
section 2519(2) of title 18, United States Code, that is respectively 
next due after the end of each of the fiscal years 2002 and 2003, 
the Attorney General shall also submit to the Chairmen and ranking 
minority members of the Committees on the Judiciary of the Senate 
and of the House of Representatives a report, covering the same 
respective time period, that contains the following information with 
respect to those orders described in that annual report that were 
applied for by law enforcement agencies of the Department of 
Justice and whose implementation involved the use of the DCS 
1000 program (or any subsequent version of such program)— 
(1) the kind of order or extension applied for (including 
whether or not the order was an order with respect to which 
the requirements of sections 2518(l)(bXii) and 2518(3)(d) of 
title 18, United States Code, did not apply by reason of section 
2518 (11) of title 18); 
(2) the period of interceptions authorized by the order, 
and the number and duration of any extensions of the order; 
(3) the offense specified in the order or application, or 
extension of an order; 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1783 
(4) the identity of the applying investigative or law enforce-
ment officer and agency making the application and the person 
authorizing the application; 
(5) the nature of the facilities from which or place where 
communications were to be intercepted; 
(6) a general description of the interceptions made under 
such order or extension, including— 
(A) the approximate nature and frequency of incrimi-
nating communications intercepted; 
(B) the approximate nature and frequency of other 
communications intercepted; 
(C) the approximate number of persons whose commu-
nications were intercepted; 
(D) the number of orders in which encryption was 
encountered and whether such encryption prevented law 
enforcement from obtaining the plain text of communica-
tions intercepted pursuant to such order; and 
(E) the approximate nature, amount, and cost of the 
manpower and other resources used in the interceptions; 
(7) the number of arrests resulting from interceptions made 
under such order or extension, and the offenses for which 
arrests were made; 
(8) the number of trials resulting from such interceptions; 
(9) the number of motions to suppress made with respect 
to such interceptions, and the number granted or denied; 
(10) the number of convictions resulting from such intercep-
tions and the offenses for which the convictions were obtained 
and a general assessment of the importance of the interceptions; 
and 
(11) the specific persons authorizing the use of the DCS 
1000 program (or any subsequent version of such program) 
in the implementation of such order. 
SEC. 306. STUDY OF ALLOCATION OF LITIGATING ATTORNEYS. 
Not later than 180 days after the date of the enactment of Deadline, 
this Act, the Attorney General shall submit a report to the chairman 
and ranking minority member of the Committees on the Judiciary 
of the House of Representatives and Committee on the Judiciary 
of the Senate, detailing the distribution or allocation of appropriated 
funds, attorneys and other personnel, and per-attomey workloads, 
for each Office of United States Attorney and each division of 
the Department of Justice except the Justice Management Division. 
SEC. 307. USE OF TRUTH-IN-SENTENCING AND VIOLENT OFFENDER 
INCARCERATION GRANTS. 
Section 20105(b) of the Violent Crime Control and Law Enforce-
ment Act of 1994 (42 U.S.C. 13705(b)) is amended to read as 
follows: 
"(b) USE OF TRUTH-IN-SENTENCING AND VIOLENT OFFENDER 
INCARCERATION GRANTS.—Funds provided under section 20103 or 
20104 may be applied to the cost of— 
"(1) altering existing correctional facilities to provide sepa-
rate facilities for juveniles under the jurisdiction of an adult 
criminal court who are detained or are serving sentences in 
adult prisons or jails; 
"(2) providing correctional staff who are responsible for 
supervising juveniles who are detained or serving sentences 
116 STAT. 1784 
PUBLIC LAW 107-273—NOV. 2, 2002 
under the jurisdiction of an adult criminal court with orienta-
tion and ongoing training regarding the unique needs of such 
offenders; and 
"(3) providing ombudsmen to monitor the treatment of juve-
niles who are detained or serving sentences under the jurisdic-
tion of an adult criminal court in adult facilities, consistent 
with guidelines issued by the Assistant Attorney General.". 
SEC. 308. AUTHORITY OF THE DEPARTMENT OF JUSTICE INSPECTOR 
GENERAL. 
Section 8E of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended— 
(1) in subsection (b), by striking paragraphs (2) and (3) 
and inserting the following: 
"(2) except as specified in subsection (a) and paragraph 
(3), may investigate allegations of criminal wrongdoing or 
administrative misconduct by an employee of the Department 
of Justice, or may, in the discretion of the Inspector General, 
refer such allegations to the Office of Professional Responsibility 
or the internal affairs office of the appropriate component of 
the Department of Justice; 
"(3) shall refer to the Counsel, Office of Professional 
Responsibility of the Department of Justice, allegations of mis-
conduct involving Department attorneys, investigators, or law 
enforcement personnel, where the allegations relate to the exer-
cise of the authority of an attorney to investigate, litigate, 
or provide legal advice, except that no such referral shall be 
made if the attorney is employed in the Office of Professional 
Responsibility; 
"(4) may investigate allegations of criminal wrongdoing 
or administrative misconduct by a person who is the head 
of any agency or component of the Department of Justice; 
and 
"(5) shall forward the results of any investigation conducted 
under paragraph (4), along with any appropriate recommenda-
tion for disciplinary action, to the Attorney General."; and 
(2) by adding at the end the following: 
"(d) The Attorney General shall ensure by regulation that any 
component of the Department of Justice receiving a nonfrivolous 
allegation of criminal wrongdoing or administrative misconduct by 
an employee of the Department of Justice, except with respect 
to allegations described in subsection (b)(3), shall report that 
information to the Inspector General.". 
SEC. 309. REVIEW OF THE DEPARTMENT OF JUSTICE. 
5 u s e app. 8E 
(a) APPOINTMENT OF OVERSIGHT OFFICIAL WiTHIN THE OFFICE 
note. 
OF INSPECTOR GENERAL.— 
(1) IN GENERAL.—The Inspector General of the Department 
of Justice shall direct that 1 official from the office of the 
Inspector General be responsible for supervising and coordi-
nating independent oversight of programs and operations of 
the Federal Bureau of Investigation until September 30, 2004. 
(2) CONTINUATION OF OVERSIGHT.—The Inspector General 
may continue individual oversight in accordance with para-
graph (1) after September 30, 2004, at the discretion of the 
Inspector General. 
(b) INSPECTOR GENERAL OVERSIGHT PLAN FOR THE FEDERAL 
BUREAU OF INVESTIGATION.—Not later than 30 days after the date 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1785 
of the enactment of this Act, the Inspector General of the Depart-
ment of Justice shall submit to the Chairperson and ranking 
member of the Committees on the Judiciary of the Senate and 
the House of Representatives, a plan for oversight of the Federal 
Bureau of Investigation, which plan may include— 
(1) an audit of the financial systems, information technology 
systems, and computer security systems of the Federal Bureau 
of Investigation; 
(2) an audit and evaluation of programs and processes 
of the Federal Bureau of Investigation to identify systemic 
weaknesses or implementation failures and to recommend 
corrective action; 
(3) a review of the activities of internal affairs offices 
of the Federal Bureau of Investigation, including the Inspec-
tions Division and the Office of Professional Responsibility; 
(4) an investigation of allegations of serious misconduct 
by personnel of the Federal Bureau of Investigation; 
(5) a review of matters relating to any other program 
or operation of the Federal Bureau of Investigation that the 
Inspector Greneral determines requires review; and 
(6) an identification of resources needed by the Inspector 
General to implement a plan for oversight of the Federal 
Bureau of Investigation. 
(c) REPORT ON INSPECTOR GENERAL FOR FEDERAL BUREAU OF 
INVESTIGATION.—Not later than 90 days after the date of enactment Deadline, 
of this Act, the Attorney General shall submit a report and rec-
ommendation to the Chairperson and ranking member of the 
Committees on the Judiciary of the Senate and the House of Rep-
resentatives concerning— 
(1) whether there should be established, within the Depart-
ment of Justice, a separate office of the Inspector General 
for the Federal Bureau of Investigation that shall be responsible 
for supervising independent oversight of programs and oper-
ations of the Federal Bureau of Investigation; 
(2) what changes have been or should be made to the r * 
rules, regulations, policies, or practices governing the Federal-« 
Bureau of Investigation in order to assist the Office of the 
Inspector General in effectively exercising its authority to inves-
tigate the conduct of employees of the Federal Bureau of Inves-
tigation; 
(3) what differences exist between the methods and prac-
tices used by different Department of Justice components in 
the investigation and adjudication of alleged misconduct by 
Department of Justice personnel; 
(4) what steps should be or are being taken to make the 
methods and practices described in paragraph (3) uniform 
throughout the Department of Justice; and 
(5) whether a set of recommended guidelines relating to 
the discipline of Department of Justice personnel for misconduct 
should be developed, and what factors, such as the nature 
and seriousness of the misconduct, the prior history of the 
employee, and the rank and seniority of the employee at the 
time of the misconduct, should be taken into account in estab-
lishing such recommended disciplinary guidelines. 
99-194 O - 03 - 7 : QL 3 Part 3 
116 STAT. 1786 
PUBLIC LAW 107-273—NOV. 2, 2002 
28 u s e 534 note. 
Deadline. 
President. 
28 u s e 133 note. 
28 u s e 133. 
SEC. 310. AUTHORIZATION OF APPROPRIATIONS. 
(a) DEPARTMENT OF JUSTICE.—There is authorized to be appro-
priated $2,000,000 to the Department of Justice for fiscal year 
2003— 
(1) for salary, pay, retirement, and other costs associated 
with increasing the staffing level of the Office of Inspector 
General by 25 full-time employees who shall conduct an 
increased number of audits, inspections, and investigations of 
alleged misconduct by employees of the Federal Bureau of 
Investigation; 
(2) to fund expanded audit coverage of the grant programs 
administered by the Office of Justice Programs of the Depart-
ment of Justice; and 
(3) to conduct special reviews of efforts by the Federal 
Bureau of Investigation to implement recommendations made 
by the Office of Inspector General in reports on alleged mis-
conduct by the Bureau. 
(b) FEDERAL BUREAU OF INVESTIGATION.—There is authorized 
to be appropriated $1,700,000 to the Federal Bureau of Investigation 
for fiscal year 2003 for salary, pay, retirement, and other costs 
associated with increasing the staffing level of the Office of Profes-
sional Responsibility by 10 full-time special agents and 4 full-
time support employees. 
SEC. 311. REPORT ON THREATS AND ASSAULTS AGAINST FEDERAL 
LAW ENFORCEMENT OFFICERS, UNITED STATES JUDGES, 
UNITED STATES OFFICIALS AND THEIR FAMILIES. 
(a) REPEAL OF COMPILATION OF STATISTICS RELATING TO INTIMI-
DATION 
OF 
GOVERNMENT 
EMPLOYEES.—Section 
808 
of 
the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 
104-132; 110 Stat.1310) is repealed. 
(b) REPORT ON THREATS AND ASSAULTS AGAINST FEDERAL LAW 
ENFORCEMENT OFFICERS, UNITED STATES JUDGES, UNITED STATES 
OFFICIALS AND THEIR FAMILIES.—Not later than 45 days after the 
end of fiscal year 2002, the Attorney General shall submit to the 
Chairmen and ranking minority members of the Committees on 
the Judiciary of the Senate and of the House of Representatives 
a report on the number of investigations and prosecutions under 
section 111 of title 18, United States Code, and section 115 of 
title 18, United States Code, for the fiscal year 2002. 
SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS. 
(a) PERMANENT DISTRICT JUDGES FOR THE DISTRICT COURTS.— 
(1) IN GENERAL.—The President shall appoint, by and with 
the advice and consent of the Senate— 
(A) 5 additional district judges for the southern district 
of California; 
(B) 1 additional district judge for the western district 
of North Carolina; and 
(C) 2 additional district judges for the western district 
of Texas. 
(2) TABLES.—In order that the table contained in section 
133 of title 28, United States Code, will, with respect to each 
judicial district, reflect the changes in the total number of 
permanent district judgeships authorized as a result of para-
graph (1) of this subsection, such table is amended— 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1787 
(A) by striking the item relating to California and 
inserting the following: 
"California: 
Northern 
14 
Eastern 
6 
Central 
27 
Southern 
13"; 
(B) by striking the item relating to North Carolina 
and inserting the following: 
"North Carolina: 
Eastern 
4 
Middle 
4 
Western 
4"; 
and 
(C) by striking the item relating to Texas and inserting 
the following: 
'Texas: 
Northern 
12 
Southern 
19 
Eastern 
7 
Western 
13". 
(3) EFFECTIVE DATE.—This subsection shall take effect on 
28 use 133 note. 
July 15, 2003. 
(b) DISTRICT JUDGESHIPS FOR THE CENTRAL AND SOUTHERN 
28 use 133 note. 
DISTRICTS OF ILLINOIS, THE NORTHERN DISTRICT OF NEW YORK, 
AND THE EASTERN DISTRICT OF VIRGINIA.— 
(1) CONVERSION OF TEMPORARY JUDGESHIPS TO PERMANENT 
JUDGESHIPS.—The existing district judgeships for the central 
district and the southern district of Illinois, the northern district 
of New York, and the eastern district of Virginia authorized 
by section 203(c) (3), (4), (9), and (12) of the Judicial Improve-
ments Act of 1990 (Public Law 101-650, 28 U.S.C. 133 note) 
shall be authorized under section 133 of title 28, United States 
Code, and the incumbents in such offices shall hold the offices 
under section 133 of title 28, United States Code (as amended 
by this section). 
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table 
contained in section 133(a) of title 28, United States Code, 
is amended— 
(A) by striking the item relating to Illinois and 
inserting the following: 
"Illinois: 
Northern 
22 
Central 
4 
Southern 
4"; 
(B) by striking the item relating to New York and 
inserting the following: 
"New York: 
Northern 
5 
Southern 
28 
Eastern 
15 
Western 
4"; 
and 
(C) by striking the item relating to Virginia and 
inserting the following: 
"Virginia: 
Eastern 
11 
Western 
4". 
// 
116 STAT. 1788 
PUBLIC LAW 107-273—NOV. 2, 2002 
28 use 133 note. 
(3) EFFECTIVE DATE.—^With respect to the central or 
southern district of IlHnois, the northern district of New York, 
or the eastern district of Virginia, this subsection shall take 
effect on the earlier of— 
(A) the date on which the first vacancy in the office 
of district judge occurs in such district; or 
(B) July 15, 2003. 
28 u s e 133 note. 
(c) TEMPORARY JUDGESHIPS.— 
President. 
(1) IN GENERAL.—The President shall appoint, by and with 
the advice and consent of the Senate— 
(A) 1 additional district judge for the northern district 
of Alabama; 
(B) 1 additional judge for the district of Arizona; 
(C) 1 additional judge for the central district of Cali-
fornia; 
(D) 1 additional judge for the southern district of 
Florida; 
(E) 1 additional district judge for the district of New 
Mexico; 
(F) 1 additional district judge for the western district 
of North Carolina; and 
(G) 1 additional district judge for the eastern district 
of Texas. 
(2) VACANCIES NOT FILLED.—The first vacancy in the office 
of district judge in each of the offices of district judge authorized 
by this subsection, occurring 10 years or more after the con-
firmation date of the judge named to fill the temporary district 
judgeship created in the applicable district by this subsection, 
shall not be filled. 
(3) EFFECTIVE DATE.—This subsection shall take effect on 
July 15, 2003. 
(d) EXTENSION OF TEMPORARY FEDERAL DISTRICT COURT JUDGE-
SHIP FOR THE NORTHERN DISTRICT OF OHIO.— 
(1) IN GENERAL.—Section 203(c) of the Judicial Improve-
ment Act of 1990 (28 U.S.C. 133 note) is amended— 
(A) in the first sentence following paragraph (12), by 
striking "and the eastern district of Pennsylvania" and 
inserting ", the eastern district of Pennsylvania, and the 
northern district of Ohio"; and 
(B) by inserting after the third sentence following para-
graph (12) "The first vacancy in the office of district judge 
in the northern district of Ohio occurring 15 years or more 
after the confirmation date of the judge named to fill the 
temporary judgeship created under this subsection shall 
not be filled.". 
28 use 133 note. 
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on the date of enactment of this Act. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section, including such sums as may be necessary to provide 
appropriate space and facilities for the judicial positions created 
by this section. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1789 
TITLE rV—VIOLENCE AGAINST WOMEN 
SEC. 401. SHORT TITLE. 
This title may be cited as the "Violence Against Women Office 
Act". 
SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN OFFICE. 
Part T of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796gg et seq.) is amended— 
(Din section 2002(d)— 
(A) in paragraph (2), by striking "section 2005" and 
inserting "section 2010"; and 
(B) in paragraph (3), by striking "section 2006" and 
inserting "section 2011"; 
(2) by redesignating sections 2002 through 2006 as sections 
2006 through 2011, respectively; and 
(3) by inserting after section 2001 the following: 
"SEC. 2002. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN OFFICE. 
"(a) IN GENERAL.—There is hereby established within the 
Department of Justice, under the general authority of the Attorney 
General, a Violence Against Women Office (in this part referred 
to as the "Office"). 
"(b) SEPARATE OFFICE.—The Office shall be a separate and 
distinct office within the Department of Justice, headed by a 
Director, who shall report to the Attorney General and serve as 
Counsel to the Attorney General on the subject of violence against 
women, and who shall have final authority over all grants, coopera-
tive agreements, and contracts awarded by the Office. 
"(c) JURISDICTION.—Under the general authority of the Attorney 
General, the Office— 
"(1) shall have sole jurisdiction over all duties and functions 
described in section 2004; and 
"(2) shall be solely responsible for coordination with other 
departments, agencies, or offices of all activities authorized 
or undertaken under the Violence Against Women Act of 1994 
(title VI of Public 103-322) and the Violence Against Women 
Act of 2000 (Division B of Public Law 106-386). 
"SEC. 2003. DIRECTOR OF VIOLENCE AGAINST WOMEN OFFICE. 
"(a) APPOINTMENT.—The President, by and with the advice 
and consent of the Senate, shall appoint a Director for the Violence 
Against Women Office (in this title referred to as the 'Director') 
to be responsible, under the general authority of the Attorney 
General, for the administration, coordination, and implementation 
of the programs and activities of the Office. 
"(b) OTHER EMPLOYMENT.—The Director shall not— 
"(1) engage in any emplojnnent other than that of serving 
as Director; or 
"(2) hold any office in, or act in any capacity for, any 
organization, agency, or institution with which the Office makes 
any contract or other agreement under the Violence Against 
Women Act of 1994 (title IV of Public Law 103-322) or the 
Violence Against Women Act of 2000 (division B of Public 
Law 106-386). 
Violence Against 
Women Office 
Act. 
42 u s e 3711 
note. 
42 use 
3796gg-l. 
42 use 
3796gg-l-
3796gg-5. 
42 use 
3796gg-0. 
42 use 
3796gg-0a. 
President. 
116 STAT. 1790 
PUBLIC LAW 107-273—NOV. 2, 2002 
"(c) VACANCY.—In the case of a vacancy, the President may 
designate an officer or employee who shall act as Director during 
the vacancy. 
"(d) COMPENSATION.—The Director shall be compensated at 
a rate of pay not to exceed the rate payable for level V of the 
Executive Schedule under section 5316 of title 5, United States 
Code. 
42 use 
"SEC. 2004. DUTIES AND FUNCTIONS OF DIRECTOR OF VIOLENCE 
3796gg-0b. 
AGAINST WOMEN OFFICE. 
"The Director shall have the following duties: 
"(1) Maintaining liaison with the judicial branches of the 
Federal and State Governments on matters relating to violence 
against women. 
"(2) Providing information to the President, the Congress, 
the judiciary. State, local, and tribal governments, and the 
general public on matters relating to violence against women. 
"(3) Serving, at the request of the Attorney General, as 
the representative of the Department of Justice on domestic 
task forces, committees, or commissions addressing policy or 
issues relating to violence against women. 
"(4) Serving, at the request of the President, acting through 
the Attorney General, as the representative of the United States 
Government on human rights and economic justice matters 
related to violence against women in international fora, 
including, but not limited to, the United Nations. 
"(5) Carrying out the functions of the Department of Justice 
under the Violence Against Women Act of 1994 (title IV of 
Public Law 103-322) and the Violence Against Women Act 
of 2000 (division B of Pubhc Law 106-386), including with 
respect to those functions— 
"(A) the development of policy, protocols, and guide-
lines; 
"(B) the development and management of grant pro-
grams and other programs, and the provision of technical 
assistance under such programs; and 
"(C) the award and termination of grants, cooperative 
agreements, and contracts. 
"(6) Providing technical assistance, coordination, and sup-
port to— 
"(A) other components of the Department of Justice, 
in efforts to develop policy and to enforce Federal laws 
relating to violence against women, including the litigation 
of civil and criminal actions relating to enforcing such 
laws; 
"(B) other Federal, State, local, and tribal agencies, 
in efforts to develop policy, provide technical assistance, 
and improve coordination among agencies carrying out 
efforts to eliminate violence against women, including 
Indian or indigenous women; and 
"(C) grantees, in efforts to combat violence against 
women and to provide support and assistance to victims 
of such violence. 
"(7) Exercising such other powers and functions as may 
be vested in the Director pursuant to this part or by delegation 
of the Attorney CJeneral. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1791 
"(8) Establishing such rules, regulations, guidelines, and 
procedures as are necessary to carry out any function of the 
Office. 
"SEC. 2005. STAFF OF VIOLENCE AGAINST WOMEN OFFICE. 
42 USC 
"The Attorney General shall ensure that the Director has ade- 
^^ 
quate staff to support the Director in carrying out the Director's 
responsibilities under this part. 
"SEC. 2006. AUTHORIZATION OF APPROPRIATIONS. 
42 USC 
"There are authorized to be appropriated such sums as are 
^^ 
necessary to carry out this part for each fiscal year until fiscal 
year 2005.". 
SEC. 403. EFFECTIVE DATE. 
42 USC 
This title shall take effect 90 days after this bill becomes note.^^ 
law. 
DIVISION B—MISCELLANEOUS DIVISION 
TITLE I—BOYS AND GIRLS CLUBS OF 
AMERICA 
SEC. 1101. BOYS AND GIRLS CLUBS OF AMERICA. 
Section 401 of the Economic Espionage Act of 1996 (42 U.S.C. 
13751 note) is amended— 
(1) in subsection (a)(2)— 
(A) by striking "1,000" and inserting "1,200"; 
(B) by striking "2,500" and inserting "4,000"; and 
(C) by striking "December 31, 1999" and inserting 
"December 31, 2005, serving not less than 5,000,000 young 
people"; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking "1997, 1998, 1999, 
2000, and 2001" and inserting "2002, 2003, 2004, 2005, 
and 2006"; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking "1,000" and 
inserting "1,200"; and 
(ii) in subparagraph (B), by striking "2,500 Boys 
and Girls Clubs of America facilities in operation before 
January 1, 2000" and inserting "4,000 Boys and Girls 
Clubs of America facilities in operation before January 
1, 2007"; and 
(3) in subsection (e), by striking paragraph (1) and para-
graph (2) and inserting the following: 
"(1) IN GENERAL.—There are authorized to be appropriated 
to carry out this section— 
"(A) $70,000,000 for fiscal year 2002; 
"(B) $80,000,000 for fiscal year 2003; 
"(C) $80,000,000 for fiscal year 2004; and 
"(D) $80,000,000 for fiscal year 2005.". 
116 STAT. 1792 
PUBLIC LAW 107-273—NOV. 2, 2002 
Drug Abuse 
Education, 
Prevention, and 
Treatment Act of 
2002. 
TITLE II—DRUG ABUSE EDUCATION, 
PREVENTION, AND TREATMENT ACT 
OF 2002 
42 u s e 3711 
note. 
SEC. 2001. SHORT TITLE. 
This title may be cited as the "Drug Abuse Education, Preven-
tion, and Treatment Act of 2002". 
Subtitle A—^Drug-Free Prisons and Jails 
42 u s e 3796ff-l. 
42 u s e 3796flF-3. 
SEC. 
2101. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT 
GRANTS TO PROVIDE FOR SERVICES DURING AND AFTER 
INCARCERATION. 
Section 1901 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796ff) is amended by adding 
at the end the following: 
"(c) ADDITIONAL USE OF FUNDS.—States that demonstrate that 
they have existing in-prison drug treatment programs that are 
in compliance with Federal requirements may use funds awarded 
under this part for treatment and sanctions both during incarcer-
ation and after release.". 
SEC. 2102. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS. 
Part S of the Omnibus Crime Control and Safe Streets Act 
of 1968 is amended— 
(1) in section 1901(a)— 
(A) by striking "purpose of developing" £ind inserting 
the following: "purpose of— 
"(1) developing"; and 
(B) striking the period at the end and inserting "; 
and"; and 
(C) by adding at the end the following: 
"(2) encouraging the establishment and maintenance of 
drug-free prisons and jails."; 
(2) in section 1902, by adding at the end the following: 
"(f) USE OF GRANT AMOUNTS FOR NONRESIDENTIAL AFTERCARE 
SERVICES.—^A State may use amounts received under this part 
to provide nonresidential substance abuse treatment aftercare serv-
ices for inmates or former inmates that meet the requirements 
of subsection (c), if the chief executive officer of the State certifies 
to the Attorney General that the State is providing, and will con-
tinue to provide, an adequate level of residential treatment serv-
ices."; and 
(3) in section 1904, by adding at the end the following: 
"(c) LOCAL ALLOCATION.—^At least 10 percent of the total 
amount made available to a State under section 1904(a) for any 
fiscal year shall be used by the State to make grants to local 
correctional and detention facilities in the State (provided such 
facilities exist therein), for the purpose of assisting jail-based sub-
stance abuse treatment programs that are effective and science-
based established by those local correctional facilities.". 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1793 
SEC. 2103. MANDATORY REVOCATION OF PROBATION AND SUPER-
VISED RELEASE FOR FAILING A DRUG TEST. 
(a) REVOCATION OF PROBATION.—Section 3565(b) of title 18, 
United States Code, is amended— 
(1) in paragraph (2), by striking "or" after the semicolon; 
(2) in paragraph (3), by striking "(4)," and inserting "(4); 
or"; and 
(3) by adding after paragraph (3) the following: 
"(4) as a part of drug testing, tests positive for illegal 
controlled substances more than 3 times over the course of 
1 year;". 
(b) REVOCATION OF SUPERVISED RELEASE.—Section 3583(g) of 
title 18, United States Code, is amended— 
(1) in paragraph (2), by striking "or" after the semicolon; 
(2) in paragraph (3), by inserting "or" after the semicolon; 
and 
(3) by adding after paragraph (3) the following: 
"(4) as a part of drug testing, tests positive for illegal 
controlled substances more than 3 times over the course of 
1 year;". 
Subtitle B—Treatment and Prevention 
SEC. 2201. REPORT ON DRUG-TESTING TECHNOLOGIES. 
(a) REQUIREMENT.—The National Institute of Justice shall con-
duct a study of drug-testing technologies in order to identify and 
assess the efticacy, accuracy, and usefulness for purposes of the 
National effort to detect the use of illicit drugs of any drug-testing 
technologies (including the testing of hair) that may be used as 
alternatives or complements to urinalysis as a means of detecting 
the use of such drugs. 
(b) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Institute shall submit to Congress a report on 
the results of the study conducted under subsection (a). 
SEC. 2202. DRUG AND SUBSTANCE ABUSE TREATMENT, PREVENTION, 
EDUCATION, AND RESEARCH STUDY. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the President, after consultation with the 
Attorney General, Secretary of Health and Human Services, Sec-
retary of Education, and other appropriate Federal officers, shall— 
(1) conduct a thorough review of all Federal drug and 
substance abuse treatment, prevention, education, and research 
programs; and 
(2) make such recommendations to Congress as the Presi-
dent may judge necessary and expedient to streamline, consoli-
date, coordinate, simplify, and more effectively conduct and 
deliver drug and substance abuse treatment, prevention, and 
education. 
(b) REPORT TO CONGRESS.—The report to Congress shall— 
(1) contain a survey of all Federal drug and substance 
abuse treatment, prevention, education, and research programs; 
(2) indicate the legal authority for each program, the 
amount of funding in the last 2 fiscal years for each program, 
and a brief description of the program; and 
42 u s e 3722 
note. 
Deadline. 
Deadline. 
116 STAT. 1794 
PUBLIC LAW 107-273—NOV. 2, 2002 
(3) identify authorized programs that were not funded in 
fiscal year 2002 or 2003. 
SEC. 2203. DRUG ABUSE AND ADDICTION RESEARCH. 
Section 464N of the Pubhc Health Service Act (42 U.S.C. 285o-
2) is amended by striking subsection (c) and inserting the following: 
"(c) DRUG ABUSE AND ADDITION RESEARCH.— 
"(1) GRANTS OR COOPERATIVE AGREEMENTS.—The Director 
of the Institute may make grants or enter into cooperative 
agreements to expand the current and ongoing interdisciplinary 
research and clinical trials with treatment centers of the 
National Drug Abuse Treatment Clinical Trials Network 
relating to drug abuse and addiction, including related bio-
medical, behavioral, and social issues. 
"(2) USE OF FUNDS.—^Amounts made available under a 
grant or cooperative agreement under paragraph (1) for drug 
abuse and addiction may be used for research and clinical 
trials relating to— 
"(A) the effects of drug abuse on the human body, 
including the brain; 
"(B) the addictive nature of drugs and how such effects 
differ with respect to different individuals; 
"(C) the connection between drug abuse and mental 
health; 
"(D) the identification and evaluation of the most effec-
tive methods of prevention of drug abuse and addiction; 
"(E) the identification and development of the most 
effective methods of treatment of drug addiction, including 
pharmacological treatments; 
"(F) risk factors for drug abuse; 
"(G) effects of drug abuse and addiction on pregnant 
women and their fetuses; and 
"(H) cultural, social, behavioral, neurological, and 
psychological reasons that individuals abuse drugs, or 
refrain from abusing drugs. 
"(3) RESEARCH RESULTS.—The Director shall promptly 
disseminate research results under this subsection to Federal, 
State, and local entities involved in combating drug abuse 
and addiction. 
"(4) AUTHORIZATION OF APPROPRIATIONS.— 
"(A) IN GENERAL.—There are authorized to be appro-
priated to carry out this subsection such sums as may 
be necessary for each fiscal year. 
"(B) SUPPLEMENT NOT SUPPLANT.—Amounts appro-
priated pursuant to the authorization of appropriations 
in subparagraph (A) for a fiscal year shall supplement 
and not supplant any other amounts appropriated in such 
fiscal year for research on drug abuse and addiction.". 
Subtitle C—Drug Courts 
SEC. 2301. D R U G COURTS. 
(a) DRUG COURTS.—Title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 
by inserting after part DD the following new part: 
PUBLIC LAW 107-273—NOV. 2, 2002 
"PART EE~DRUG COURTS 
116 STAT. 1795 
"SEC. 2951. GRANT AUTHORITY. 
42 USC 3797u. 
"(a) IN GENERAL.—The Attorney General may make grants 
to States, State courts, local courts, units of local government, 
and Indian tribal governments, acting directly or through agree-
ments with other public or private entities, for adult drug courts, 
juvenile drug courts, family drug courts, and tribal drug courts 
that involve— 
"(1) continuing judicial supervision over offenders with sub-
stance abuse problems who are not violent offenders; 
"(2) coordination with the appropriate State or local pros-
ecutor; and 
"(3) the integrated administration of other sanctions and 
services, which shall include— 
"(A) mandatory periodic testing for the use of controlled 
substances or other addictive substances during any period 
of supervised release or probation for each participant; 
"(B) substance abuse treatment for each participant; 
"(C) diversion, probation, or other supervised release 
involving the possibility of prosecution, confinement, or 
incarceration 
based 
on noncompliance 
with 
program 
requirements or failure to show satisfactory progress; 
"(D) offender management, and aftercare services such 
as relapse prevention, health care, education, vocational 
training, job placement, housing placement, and child care 
or other family support services for each participant who 
requires such services; 
"(E) payment, in whole or part, by the offender of 
treatment costs, to the extent practicable, such as costs 
for urinalysis or counseling; and 
"(F) payment, in whole or part, by the offender of 
restitution, to the extent practicable, to either a victim 
of the offender's offense or to a restitution or similar victim 
support fund. 
"(b) LIMITATION.—Economic sanctions imposed on an offender 
pursuant to this section shall not be at a level that would interfere 
with the offender's rehabilitation. 
"SEC. 2952. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS. 
42 USC 3797u-l. 
"The Attorney General shall— 
"(1) issue regulations or guidelines to ensure that the pro-
grams authorized in this part do not permit participation by 
violent offenders; and 
"(2) immediately suspend funding for any grant under this 
part, pending compliance, if the Attorney General finds that 
violent offenders are participating in any program funded under 
this part. 
"SEC. 2953. DEFINITION. 
"(a) IN GENERAL.—Except as provided in subsection (b), in 
this part, the term Violent offender' means a person who— 
"(1) is charged with or convicted of an offense, during 
the course of which offense or conduct— 
"(A) the person carried, possessed, or used a firearm 
or dangerous weapon; 
42 USC 3797U-2. 
116 STAT. 1796 
PUBLIC LAW 107-273—NOV. 2, 2002 
"(B) there occurred the death of or serious bodily injury 
to any person; or 
"(C) there occurred the use of force against the person 
of another, without regard to whether any of the cir-
cumstances described in subparagraph (A) or (B) is an 
element of the offense or conduct of which or for which 
the person is charged or convicted; or 
"(2) has 1 or more prior convictions for a felony crime 
of violence involving the use or attempted use of force against 
a person with the intent to cause death or serious bodily harm. 
"(b) DEFINITION FOR PURPOSES OF JUVENILE DRUG COURTS.— 
For purposes of juvenile drug courts, the term 'violent offender' 
means a juvenile who has been convicted of, or adjudicated delin-
quent for, an offense that— 
"(1) has as an element, the use, attempted use, or threat-
ened use of physical force against the person or property of 
another, or the possession or use of a firearm; or 
"(2) by its nature, involves a substantial risk that physical 
force against the person or property of another may be used 
in the course of committing the offense. 
42 use 3797U-3. 
"SEC. 2954. ADMINISTRATION. 
"(a) CONSULTATION.—^The Attorney General shall consult with 
the Secretary of Health and Human Services and any other appro-
priate officials in carrying out this part. 
"(b) USE OF COMPONENTS.—The Attorney General may utilize 
any component or components of the Department of Justice in 
carrying out this part. 
"(c) REGULATORY AUTHORITY.—The Attorney General may issue 
regulations and guidelines necessary to carry out this part. 
"(d) APPLICATIONS.—In addition to any other requirements that 
may be specified by the Attorney General, an application for a 
grant under this part shall— 
"(1) include a long-term strategy and detailed implementa-
tion plan that shall provide for the consultation and coordina-
tion with appropriate State and local prosecutors, particularly 
when program participants fail to comply with program require-
ments; 
"(2) explain the applicant's inability to fund the program 
adequately without Federal assistance; 
"(3) certify that the Federal support provided will be used 
to supplement, and not supplant. State, Indian tribal, and 
local sources of funding that would otherwise be available; 
"(4) identify related governmental or community initiatives 
which complement or will be coordinated with the proposal; 
"(5) certify that there has been appropriate consultation 
with all affected agencies and that there will be appropriate 
coordination with all affected agencies in the implementation 
of the program; 
"(6) certify that participating offenders will be supervised 
by 1 or more designated judges with responsibility for the 
drug court program; 
"(7) specify plans for obtaining necessary support and con-
tinuing the proposed program following the conclusion of Fed-
eral support; and 
"(8) describe the methodology that will be used in evalu-
ating the program. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1797 
"SEC. 2955. APPLICATIONS. 
42 USC 3797u-4. 
"To request funds under this part, the chief executive or the 
chief justice of a State or the chief executive or judge of a unit 
of local government or Indian tribal government, or the chief judge 
of a State court or the judge of a local court or Indian tribal 
court shall submit an application to the Attorney General in such 
form and containing such information as the Attorney General 
may reasonably require. 
"SEC. 2956. FEDERAL SHARE. 
42 USC 3797u-5. 
"(a) IN GENERAL.—The Federal share of a grant made under 
this part may not exceed 75 percent of the total costs of the 
program described in the application submitted under section 2955 
for the fiscal year for which the program receives assistance under 
this part, unless the Attorney General waives, wholly or in part, 
the requirement of a matching contribution under this section. 
"(b) IN-KIND CONTRIBUTIONS.—In-kind contributions may con-
stitute a portion of the non-Federal share of a grant. 
"SEC. 2957. DISTRIBUTION AND ALLOCATION. 
42 USC 3797u-6. 
"(a) GEOGRAPHIC DISTRIBUTION.—The Attorney General shall 
ensure that, to the extent practicable, an equitable geographic dis-
tribution of grant awards is made. 
"(b) MINIMUM ALLOCATION.—Unless all eligible applications 
submitted by any State or unit of local government within such 
State for a grant under this part have been funded, such State, 
together with grantees within the State (other than Indian tribes), 
shall be allocated in each fiscal year under this part not less 
than 0.50 percent of the total amount appropriated in the fiscal 
year for grants pursuant to this part. 
"SEC. 2958. REPORT. 
42 USC 3797u-7. 
"A State, Indian tribal government, or unit of local government 
that receives funds under this part during a fiscal year shall submit 
to the Attorney General a description and an evaluation report 
on a date specified by the Attorney General regarding the effective-
ness of this part. 
"SEC. 2959. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. 
42 USC 3797u-8. 
"(a) TECHNICAL ASSISTANCE AND TRAINING.—The Attorney Gen-
eral may provide technical assistance and training in furtherance 
of the purposes of this part. 
"(b) EVALUATIONS.—In addition to any evaluation requirements 
that may be prescribed for grantees (including uniform data collec-
tion standards and reporting requirements), the Attorney General 
shall carry out or make arrangements for evaluations of programs 
that receive support under this part. 
"(c) ADMINISTRATION.—The technical assistance, training, and 
evaluations authorized by this section may be carried out directly 
by the Attorney General, in collaboration with the Secretary of 
Health and Human Services, or through grants, contracts, or other 
cooperative arrangements with other entities.". 
(b) TECHNICAL AMENDMENT.—The table of contents of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.) is amended by inserting after the matter 
relating to part DD the following: 
116 STAT. 1798 
PUBLIC LAW 107-273—NOV. 2, 2002 
"PART EE—DRUG COURTS 
"Sec. 2951. Grant authority. 
"Sec. 2952. Prohibition of participation by violent offenders. 
"Sec. 2953. Definition. 
"Sec. 2954. Administration. 
"Sec. 2955. Applications. 
"Sec. 2956. Federal share. 
"Sec. 2957. Distribution and allocation. 
"Sec. 2958. Report. 
"Sec. 2959. Technical assistance, training, and evaluation.". 
Deadline. 
(c) IMPLEMENTATION OF RECOMMENDATIONS.—Not later 
t h a n 
120 days after the date of enactment of this Act, the Attorney 
General shall— 
(1) devise a plan to implement recommendations of the 
General Accounting Office to— 
(A) develop and implement a management information 
system that is able to track and readily identify the uni-
verse of drug court programs funded by the Drug Court 
Program Office of the Department of Justice; 
(B) take steps to ensure and sustain an adequate 
grantee response rate to the Drug Court Program Office's 
data collection efforts by improving efforts to notify and 
remind grantees of their reporting requirements; 
(C) take corrective action toward grantees that do not 
comply with the data collection reporting requirement of 
the Department of Justice; 
(D) reinstate the collection of post-program data in 
the Drug Court Program Office's data collection effort, 
selectively spot checking grantee responses to ensure 
accurate reporting; 
(E) analyze performance and outcome data collected 
from grantees and report annually on the results; 
(F) consolidate the multiple Department of Justice-
funded drug court program-related data collection efforts 
to better ensure that the primary focus is on the collection 
and reporting of data on Drug Court Program Office-funded 
drug court programs; 
(G) conduct a methodologically sound national impact 
evaluation of Drug Court Program Office-funded drug court 
programs; and 
(H) consider ways to reduce the time needed to provide 
information on the overall impact of Federally-funded drug 
court programs; and 
(2) submit a report on the plan to the Committees on 
the Judiciary of the Senate and the House of Representatives. 
SEC. 2302. AUTHORIZATION OF APPROPRIATIONS. 
Section 1001(a) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793) is amended— 
(1) in paragraph (3), by inserting before the period at 
the end the following: "or EE"; and 
(2) by adding at the end the following: 
"(25)(A) Except as provided in subparagraph (C), there 
are authorized to be appropriated to carry out part EE— 
"(i) $50,000,000 for fiscal year 2002; 
"(ii) $54,000,000 for fiscal year 2003; 
"(iii) $58,000,000 for fiscal year 2004; and 
"(iv) $60,000,000 for fiscal year 2005. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1799 
"(B) The Attorney General shall reserve not less than 1 
percent and not more than 4.5 percent of the sums appropriated 
for this program in each fiscal year for research and evaluation 
of this program. 
"(C) No funds made available to carry out part EE shall 
be expended if the Attorney General fails to submit the report 
required to be submitted under section 2401(c) of title II of 
Division B of the 21st Century Department of Justice Appro-
priations Authorization Act.". 
SEC. 2303. STUDY BY THE GENERAL ACCOUNTING OFFICE. 
42 USC 3797u 
(a) IN GENERAL.—The Comptroller General of the United States °°**" 
shall study and assess the effectiveness and impact of grants author-
ized by part EE of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 as added by section 2401 and report 
to Congress the results of the study on or before January 1, 2005. 
(b) DOCUMENTS AND INFORMATION.—The Attorney General and 
grant recipients shall provide the Comptroller General with all 
relevant documents and information that the Comptroller General 
deems necessary to conduct the study under subsection (a), 
including the identities and criminal records of program partici-
pants. 
(c) CRITERIA.—In assessing the effectiveness of the grants made 
under programs authorized by part EE of the Omnibus Crime 
Control and Safe Streets Act of 1968, the Comptroller General 
shall consider, among other things— 
(1) recidivism rates of program participants; 
(2) completion rates among program participants; 
(3) drug use by program participants; and 
(4) the costs of the program to the criminal justice system. 
Subtitle D—Program for Successful Re-
entry of Criminal Offenders Into Local 
Communities 
CHAPTER 1—POST INCARCERATION VOCATIONAL AND 
REMEDIAL EDUCATIONAL OPPORTUNITIES FOR IN-
MATES 
SEC. 2411. POST INCARCERATION VOCATIONAL AND REMEDIAL EDU- 
18 USC 3601 
CATIONAL OPPORTUNITIES FOR INMATES. 
note. 
(a) FEDERAL REENTRY CENTER DEMONSTRATION.— 
(1) AUTHORITY AND ESTABLISHMENT OF DEMONSTRATION 
PROJECT.—The Attorney General, in consultation with the 
Director of the Administrative Office of the United States 
Courts, shall establish the Federal Reentry Center Demonstra-
tion project. The project shall involve appropriate prisoners 
from the Federal prison population and shall utilize community 
corrections facilities, home confinement, and a coordinated 
response by Federal agencies to assist participating prisoners 
in preparing for and adjusting to reentry into the community. 
(2) PROJECT ELEMENTS.—The project authorized by para-
graph (1) shall include the following core elements: 
(A) A Reentry Review Team for each prisoner, con-
sisting of a representative from the Bureau of Prisons, 
116 STAT. 1800 
PUBLIC LAW 107-273—NOV. 2, 2002 
the United States Probation System, the United States 
Parole Commission, and the relevant community correc-
tions facility, who shall initially meet with the prisoner 
to develop a reentry plan tailored to the needs of the 
prisoner. 
(B) A system of graduated levels of supervision with 
the community corrections facility to promote community 
safety, provide incentives for prisoners to complete the 
reentry plan, including victim restitution, and provide a 
reasonable method for imposing sanctions for a prisoner's 
violation of the conditions of participation in the project. 
(C) Substance abuse treatment and aftercare, mental 
and medical health treatment and aftercare, vocational 
and educational training, life skills instruction, conflict 
resolution skills training, batterer intervention programs, 
assistance obtaining suitable affordable housing, and other 
programming to promote effective reintegration into the 
community as needed. 
(3) PROBATION OFFICERS.—From funds made available to 
carry out this section, the Director of the Administrative Office 
of the United States Courts shall assign 1 or more probation 
officers from each participating judicial district to the Reentry 
Demonstration project. Such officers shall be assigned to and 
stationed at the community corrections facility and shall serve 
on the Reentry Review Teams. 
Deadline. 
(4) PROJECT DURATION.—The Reentry Center Demonstra-
tion project shall begin not later than 6 months following the 
availability of funds to carry out this subsection, and shall 
last 3 years. 
(b) DEFINITIONS.—In this section, the term "appropriate pris-
oner" shall mean a person who is considered by prison authorities— 
(1) to pose a medium to high risk of committing a criminal 
act upon reentering the community; and 
(2) to lack the skills and family support network that 
facilitate successful reintegration into the community. 
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec-
tion, there are authorized to be appropriated, to remain available 
until expended— 
(1) to the Federal Bureau of Prisons— 
(A) $1,375,000 for fiscal year 2003; 
(B) $1,110,000 for fiscal year 2004; 
(C) $1,130,000 for fiscal year 2005; 
(D) $1,155,000 for fiscal year 2006; and 
(E) $1,230,000 for fiscal year 2007; and 
(2) to the Federal Judiciary— 
(A) $3,380,000 for fiscal year 2003; 
^ 
(B) $3,540,000 for fiscal year 2004; 
(C) $3,720,000 for fiscal year 2005; 
(D) $3,910,000 for fiscal year 2006; and 
(E) $4,100,000 for fiscal year 2007. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1801 
CHAPTER 2--STATE REENTRY GRANT PROGRAMS 
SEC. 2421. AMENDMENTS TO THE OMNIBUS CRIME CONTROL AND SAFE 
STREETS ACT OF 1968. 
(a) IN GENERAL.—Title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended, 
is amended by inserting after part EE the following new part: 
"PART FF—OFFENDER REENTRY AND 
COMMUNITY SAFETY 
"SEC. 
2976. ADULT AND JUVENILE OFFENDER STATE AND LOCAL 
42 USC 3797w. 
REENTRY DEMONSTRATION PROJECTS. 
"(a) GRANT AUTHORIZATION.—The Attorney General shall make 
grants of up to $1,000,000 to States, Territories, and Indian tribes, 
in partnership with units of local government and nonprofit 
organizations, for the purpose of establishing adult and juvenile 
offender reentry demonstration projects. 
"(b) ADULT OFFENDER REENTRY DEMONSTRATION PROJECTS.— 
Funds for adult offender demonstration projects may be expended 
for— 
"(1) oversight/monitoring of released offenders; 
"(2) substance abuse treatment and aftercare, mental and 
medical health treatment and aftercare, vocational and basic 
educational training, and other programming to promote effec-
tive reintegration into the community as needed; 
"(3) convening community impact panels, victim impact 
panels or victim impact educational classes; and 
"(4) establishing and implementing graduated sanctions 
and incentives. 
"(c) 
JUVENILE 
OFFENDER 
REENTRY 
DEMONSTRATION 
PROJECTS.—Funds for the juvenile offender reentry demonstration 
projects may be expended for— 
"(1) providing returning juvenile offenders with drug and 
alcohol testing and treatment and mental and medical health 
assessment and services; 
"(2) convening victim impact panels, restorative justice 
panels, or victim impact educational classes for juvenile 
offenders; 
"(3) oversight/monitoring of released juvenile offenders; and 
"(4) providing for the planning of reentry services when 
the youth is initially incarcerated and coordinating the delivery 
of community-based services, such as education, family involve-
ment and support, and other services as needed. 
"(d) SUBMISSION OF APPLICATION.—In addition to any other 
requirements that may be specified by the Attorney General, an 
application for a grant under this subpart shall— 
"(1) describe a long-term strategy and detailed implementa-
tion plan, including how the jurisdiction plans to pay for the 
program after the Federal funding ends; 
"(2) identify the governmental and community agencies 
that will be coordinated by this project; 
"(3) certify that there has been appropriate consultation 
with all affected agencies and there will be appropriate 
coordination with all affected agencies in the implementation 
116 STAT. 1802 
PUBLIC LAW 107-273—NOV. 2, 2002 
of the program, including existing community corrections and 
parole; and 
"(4) describe the methodology and outcome measures that 
will be used in evaluating the program. 
"(e) APPLICANTS.—The applicants as designated under 2601(a)— 
"(1) shall prepare the application as required under sub-
section 2601(b); and 
"(2) shall administer grant funds in accordance with the 
guidelines, regulations, and procedures promulgated by the 
Attorney General, as necessary to carry out the purposes of 
this part. 
"(f) MATCHING FUNDS.—The Federal share of a grant received 
under this title may not exceed 75 percent of the costs of the 
project funded under this title unless the Attorney General waives, 
wholly or in part, the requirements of this section. 
"(g) REPORTS.—Each entity that receives a grant under this 
part shall submit to the Attorney General, for each year in which 
funds from a grant received under this part is expended, a descrip-
tion and an evaluation report at such time and in such manner 
as the Attorney General may reasonably require that contains— 
"(1) a summary of the activities carried out under the 
grant and an assessment of whether such activities are meeting 
the needs identified in the application funded under this part; 
and 
"(2) such other information as the Attorney General may 
require. 
"(h) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.—^To carry out this section, there are 
authorized to be appropriated $15,000,000 for fiscal year 2003, 
$15,500,000 for fiscal year 2004, and $16,000,000 for fiscal 
year 2005. 
"(2) LIMITATIONS.—Of the amount made available to carry 
out this section in any fiscal year— 
"(A) not more than 2 percent or less than 1 percent 
may be used by the Attorney General for salaries and 
administrative expenses; and 
"(B) not more than 3 percent or less than 2 percent 
may be used for technical assistance and training. 
42 use 3797W-1. 
"SEC. 2977. STATE REENTRY PROJECT EVALUATION. 
"(a) EVALUATION.—The Attorney General shall evaluate the 
demonstration projects authorized by section 2976 to determine 
their effectiveness. 
Deadline. 
"(b) REPORT.—Not later than April 30, 2005, the Attorney Gen-
eral shall submit a report to the Committees on the Judiciary 
of the House of Representatives and the Senate containing— 
"(1) the findings of the evaluation required by subsection 
(a); and 
"(2) any recommendations the Attorney General has with 
regard to expanding, changing, or eliminating the demonstra-
tion projects.". 
(b) TECHNICAL AMENDMENT.—The table of contents of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.) is amended by inserting after the matter 
relating to part EE the following: 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1803 
"PART FF—OFFENDER REENTRY AND COMMUNITY SAFETY ACT 
"Sec. 2976. Adult Offender State and Local Reentry Demonstration Projects. 
"Sec. 2977. State reentry project evaluation.". 
Subtitle E—Other Matters 
SEC. 2501. AMENDMENT TO CONTROLLED SUBSTANCES ACT. 
Section 303(g)(2) of the Controlled Substances Act (21 U.S.C. 
823(g)(2)) is amended— 
(1) in subparagraph (I), by striking "on October 17, 2000," 
and all that follows through "such drugs," and inserting "on 
the date of approval by the Food and Drug Administration 
of a drug in schedule III, IV, or V, a State may not preclude 
a practitioner from dispensing or prescribing such drug, or 
combination of such drugs,"; and 
(2) in subparagraph (J)(i), by striking "October 17, 2000," 
and inserting "the date referred to in subparagraph (I),". 
SEC. 2502. STLT)Y OF METHAMPHETAMINE TREATMENT. 
Section 3633 of the Methamphetamine Anti-Proliferation Act 
of 2000 (114 Stat. 1236) is amended by striking "the Institute 
of Medicine of the National Academy of Sciences" and inserting 
"the National Institute on Drug Abuse". 
SEC. 2503. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING 
IN SOUTH AND CENTRAL ASIA. 
There is authorized to be appropriated to the Attorney General 
not less than $5,000,000 for fiscal year 2003 for regional antidrug 
training by the Drug Enforcement Administration for law enforce-
ment entities (including police, border control, and other entities 
engaged in drug interdiction and narcotics control efforts), as well 
as increased precursor chemical control efforts in the South and 
Central Asia region. 
SEC. 2504. UNITED STATES-THAILAND DRUG PROSECUTOR EXCHANGE 
PROGRAM. 
(a) PROGRAM AUTHORIZATION.—The Attorney General shall 
establish an exchange program in which prosecutors, judges, or 
policy makers from the Kingdom of Thailand participate in an 
exchange program to observe Federal prosecutors in an effort to 
learn about the various rules and procedures used to prosecute 
violations of federal criminal narcotics laws. 
(b) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec-
tion, there are authorized to be appropriated $75,000 for fiscal 
year 2003 and $75,000 for fiscal year 2004. 
TITLE III—SAFEGUARDING THE INTEG-
RITY OF THE CRIMINAL JUSTICE SYS-
TEM 
SEC. 3001. INCREASING THE PENALTY FOR USING PHYSICAL FORCE 
TO TAMPER WITH WITNESSES, VICTIMS, OR INFORM-
ANTS. 
(a) IN GENERAL.—Section 1512 of title 18, United States Code, 
is amended— 
116 STAT. 1804 
PUBLIC LAW 107-273—NOV. 2, 2002 
(1) in subsection (a)— 
(A) in paragraph (1), by striking "as provided in para-
graph (2)" and inserting "as provided in paragraph (3)"; 
(B) by redesignating paragraph (2) as paragraph (3); 
(C) by inserting after paragraph (1) the following: 
"(2) Whoever uses physical force or the threat of physical force 
against any person, or attempts to do so, with intent to— 
"(A) influence, delay, or prevent the testimony of any person 
in an official proceeding; 
"(B) cause or induce any person to— 
"(i) withhold testimony, or withhold a record, docu-
ment, or other object, from an official proceeding; 
"(ii) alter, destroy, mutilate, or conceal an object with 
intent to impair the integrity or availability of the object 
for use in an official proceeding; 
"(iii) evade legal process summoning that person to 
appear as a witness, or to produce a record, document, 
or other object, in an official proceeding; or 
"(iv) be absent from an official proceeding to which 
that person has been summoned by legal process; or 
"(C) hinder, delay, or prevent the communication to a law 
enforcement officer or judge of the United States of information 
relating to the commission or possible commission of a Federal 
offense or a violation of conditions of probation, supervised 
release, parole, or release pending judicial proceedings; 
shall be punished as provided in paragraph (3)."; and 
(D) in paragraph (3), as redesignated— 
(i) by striking "and" at the end of subparagraph 
(A); and 
(ii) by striking subparagraph (B) and inserting 
the following: 
"(B) in the case of— 
"(i) an attempt to murder; or 
"(ii) the use or attempted use of physical force against 
any person; 
imprisonment for not more than 20 years; and 
"(C) in the case of the threat of use of physical force 
against any person, imprisonment for not more than 10 years."; 
(2) in subsection (b), by striking "or physical force"; and 
(3) by adding at the end the following: 
"(k) Whoever conspires to commit any offense under this section 
shall be subject to the same penalties as those prescribed for the 
offense the commission of which was the object of the conspiracy.". 
(b) RETALIATING AGAINST A WITNESS.—Section 1513 of title 
18, United States Code, is amended by adding at the end the 
following: 
"(e) Whoever conspires to commit any offense under this section 
shall be subject to the same penalties as those prescribed for the 
offense the commission of which was the object of the conspiracy.". 
(c) CONFORMING AMENDMENTS.— 
(1) WITNESS TAMPERING.—Section 1512 of title 18, United 
States Code, is amended in subsections (b)(3) and (d)(2) by 
inserting "supervised release," after "probation". 
(2) RETALIATION AGAINST A WITNESS.—Section 1513 of title 
18, United States Code, is amended in subsections (a)(1)(B) 
and (b)(2) by inserting "supervised release," after "probation". 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1805 
SEC. 3002. CORRECTION OF ABERRANT STATUTES TO PERMIT IMPOSI-
TION OF BOTH A FINE AND IMPRISONMENT. 
(a) IN GENERAL.—Title 18 of the United States Code is 
amended— 
(1) in section 401, by inserting "or both," after "fine or 
imprisonment,"; 
(2) in section 1705, by inserting ", or both" after "years"; 
and 
(3) in sections 1916, 2234, and 2235, by inserting ", or 
both" after "year". 
(b) IMPOSITION BY MAGISTRATE.—Section 636 of title 28, United 
States Code, is amended— 
(1) in subsection (e)(2), by inserting ", or both," after "fine 
or imprisonment"; and 
(2) in subsection (e)(3), by inserting "or both," after "fine 
or imprisonment,". 
SEC. 3003. REINSTATEMENT OF COUNTS DISMISSED PURSUANT TO A 
PLEA AGREEMENT. 
(a) IN GENERAL.—Chapter 213 of title 18, United States Code, 
is amended by adding at the end the following: 
'*§ 3296. Counts dismissed pursuant to a plea agreement 
"(a) IN GENERAL.—Notwithstanding any other provision of this 
chapter, any counts of an indictment or information that are dis-
missed pursuant to a plea agreement shall be reinstated by the 
District Court if— 
"(1) the counts sought to be reinstated were originally 
filed within the applicable limitations period; 
"(2) the counts were dismissed pursuant to a plea agree-
ment approved by the District Court under which the defendant 
pled guilty to other charges; 
"(3) the guilty plea was subsequently vacated on the motion 
of the defendant; and 
"(4) the United States moves to reinstate the dismissed Deadline, 
counts within 60 days of the date on which the order vacating 
the plea becomes final. 
"(b) DEFENSES; OBJECTIONS.—Nothing in this section shall pre-
clude the District Court from considering any defense or objection, 
other than statute of limitations, to the prosecution of the counts 
reinstated under subsection (a).". 
(b) TECHNICAL AND CONFORMING AMENDMENT.—Chapter 
213 
of title 18, United States Code, is amended in the table of sections 
by adding at the end the following new item: 
"3296. Counts dismissed pursuant to a plea agreement.". 
SEC. 3004. APPEALS FROM CERTAIN DISMISSALS. 
Section 3731 of title 18,\ United States Code, is amended by 
inserting ", or any part thereof after "as to any one or more 
counts". 
SEC. 3005. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE 
TERMS IN CONTROLLED SUBSTANCE CASES. 
(a) DRUG ABUSE PENALTIES.—Subparagraphs (A), (B), (C), 
and 
(D) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) are amended by striking "Any sentence" and inserting 
"Notwithstanding section 3583 of title 18, any sentence". 
116 STAT. 1806 
PUBLIC LAW 107-273-NOV. 2, 2002 
(b) PENALTIES FOR DRUG IMPORT AND EXPORT.—Section 1010(b) 
of the Controlled Substances Import and Export Act (21 U.S.C. 
960(b)) is amended— 
(1) in paragraphs (1), (2), and (3), by striking "Any sen-
tence" and inserting "Notwithstanding section 3583 of title 
18, any sentence"; and 
(2) in paragraph (4), by inserting "notwithstanding section 
3583 of title 18," before "in addition to such term of imprison-
ment". 
SEC. 3006. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBA-
TION OR SUPERVISED RELEASE WHEN REDUCING A SEN-
TENCE OF IMPRISONMENT IN CERTAIN CASES. 
Section 3582(c)(1)(A) of title 18, United States Code, is amended 
by inserting "(and may impose a term of probation or supervised 
release with or without conditions that does not exceed the unserved 
portion of the original term of imprisonment)" after "may reduce 
the term of imprisonment". 
SEC. 3007. CLARIFICATION THAT MAKING RESTITUTION IS A PROPER 
CONDITION OF SUPERVISED RELEASE. 
Subsections (c) and (e) of section 3583 of title 18, United States 
Code, are amended by striking "and (a)(6) and inserting "(a)(6), 
and (a)(7)". 
C
r
i
m
i
n
a
l L
a
w 
TITLE IV-CRIMINAL LAW TECHNICAL 
SenSentsAct 
AMENDMENTS ACT OF 2002 
of2002. 
18 u s e 1 note. 
SEC. 4001. SHORT TITLE. 
This title may be cited as the "Criminal Law Technical Amend-
ments Act of 2002". 
SEC. 4002. TECHNICAL AMENDMENTS RELATING TO CRIMINAL LAW 
AND PROCEDURE. 
(a) MISSING AND INCORRECT WORDS.— 
(1) CORRECTION OF GARBLED SENTENCE.—Section 510(c) of 
title 18, United States Code, is amended by striking "fine 
of under this title" and inserting "fine under this title". 
(2) INSERTION OF MISSING WORDS.—Section 981(d) of title 
18, United States Code, is amended by striking "proceeds from 
the sale of this section" and inserting "proceeds from the sale 
of such property under this section". 
(3) 
CORRECTION OF INCORRECT WORD.—Sections 
1425 
through 1427, 1541 through 1544 and 1546(a) of title 18, United 
States Code, are each amended by striking "to facility" and 
inserting "to facilitate". 
(4) CORRECTING ERRONEOUS AMENDATORY LANGUAGE ON 
Effective date. 
EXECUTED AMENDMENT.—Effective on the date of the enactment 
of Public Law 103-322, section 60003(a)(13) of such public 
18 use 1091. 
law is amended by striking "$1,000,000 or imprisonment" and 
inserting "$1,000,000 and imprisonment". 
(5) CORRECTION OF REFERENCE TO SHORT TITLE OF LAW.— 
That section 2332d(a) of title 18, United States Code, which 
relates to financial transactions is amended by inserting "of 
1979" after "Export Administration Act". 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1807 
(6) 
ELIMINATION 
OF TYPOGRAPHICAL 
ERROR.—Section 
1992(b) of title 18, United States Code, is amended by striking 
"term or years" and inserting "term of years". 
(7) SPELLING CORRECTION.—Section 2339A(a) of title 18, 
United States Code, is amended by striking "or an escape" 
and inserting "of an escape". 
(8) SECTION 3553.—Section 3553(e) of title 18, United States 
Code, is amended by inserting "a" before "minimum". 
(9) MISSPELLING IN SECTION 205.—Section 205(d)(1)(B) of 
title 18, United States Code, is amended by striking "groups's" 
and inserting "group's". 
(10) CONFORMING CHANGE AND INSERTING MISSING WORD 
IN SECTION 709.—The paragraph in section 709 of title 18, 
United States Code, that begins with "A person who" is 
amended— 
(A) by striking "A person who" and inserting "Who-
ever"; and 
(B) by inserting "or" after the semicolon at the end. 
(11) ERROR IN LANGUAGE BEING STRICKEN.—Effective on 
the date of its enactment, section 726(2) of the Antiterrorism 
and Effective Death Penalty Act of 1996 (Public Law 104-
132) is amended— 
18 USC 1956. 
(A) in subparagraphs (C) and (E), by striking "section" 
the first place it appears; and 
(B) in subparagraph (G), by striking "relating to" the 
first place it appears. 
(b) MARGINS, PUNCTUATION, AND SIMILAR ERRORS.— 
(1) MARGIN ERROR.—Section 1030(c)(2) of title 18, United 
States Code, is amended so that the margins of subparagraph 
(B) and each of its clauses, are moved 2 ems to the left. 
(2) 
CORRECTING 
CAPITALIZATION 
IN LANGUAGE TO BE 
STRICKEN.—Effective on the date of its enactment, section Effective date. 
607(g)(2) of the Economic Espionage Act of 1996 is amended 
18 USC 1716. 
by striking "territory" and inserting "Territory". 
(3) CORRECTING PARAGRAPHING.—The material added to 
section 521(a) of title 18, United States Code, by section 607(q) 
of the Economic Espionage Act of 1996 is amended to appear 
as a paragraph indented 2 ems from the left margin. 
(4) SUBSECTION PLACEMENT CORRECTION.—Section 1513 of 
title 18, United States Code, is amended by transferring sub-
section (d) so that it appears following subsection (c). 
(5) CORRECTION TO ALLOW FOR INSERTION OF NEW SUBPARA-
GRAPH AND CORRECTION OF ERRONEOUS INDENTATION.—Section 
1956(c)(7) of title 18, United States Code, is amended— 
(A) in subparagraph (B)(ii), by moving the margin 2 
ems to the right; 
(B) by striking "or" at the end of subparagraph (D); 
(C) by striking the period at the end of subparagraph 
(E) and inserting "; or"; and 
(D) in subparagraph (F)— 
(i) by striking "Any" and inserting "any"; and 
(ii) by striking the period at the end and inserting 
a semicolon. 
(6) CORRECTION OF CONFUSING SUBDIVISION DESIGNATION.— 
Section 1716 of title 18, United States Code, is amended— 
(A) in the first undesignated paragraph, by inserting 
"0')(1)" before "Whoever"; 
116 STAT. 1808 
PUBLIC LAW 107-273—NOV. 2, 2002 
Effective date. 
(B) in the second undesignated paragraph— 
(i) by striking "not more than $10,000" and 
inserting "under this title"; and 
(ii) by inserting "(2)" at the beginning of that para-
graph; 
(C) by inserting "(3)" at the beginning of the third 
undesignated paragraph; and 
(D) by redesignating subsection (j) as subsection (k). 
(7) PUNCTUATION CORRECTION IN SECTION IO91.—Section 
1091(b)(1) of title 18, United States Code, is amended by 
striking "subsection (a)(1)," and inserting "subsection (a)(1)". 
(8) PUNCTUATION CORRECTION IN SECTION 2311.—Section 
2311 of title 18, United States Code, is amended by striking 
the period after "carcasses thereof the second place that term 
appears and inserting a semicolon. 
(9) SYNTAX CORRECTION.—Section 115(b)(2) of title 18, 
United States Code, is amended by striking ", attempted kid-
napping, or conspiracy to kidnap of a person" and inserting 
"or attempted kidnapping of, or a conspiracy to kidnap, a per-
son". 
(10) CORRECTING CAPITALIZATION IN SECTION 982.—Section 
982(a)(8) of title 18, United States Code, is amended by striking 
"Court" and inserting "court". 
(11) PUNCTUATION CORRECTIONS IN SECTION 1029.—Section 
1029 of title 18, United States Code, is amended— 
(A) in subsection (c)(l)(A)(ii), by striking "(9)," and 
inserting "(9)"; and 
(B) in subsection (e), by adding a semicolon at the 
end of paragraph (8). 
(12) CORRECTIONS OF CONNECTORS AND PUNCTUATION IN 
SECTION 1030.—Section 1030 of title 18, United States Code, 
is amended— 
(A) by inserting "and" at the end of subsection 
(c)(2)(B)(iii); and 
(B) by striking the period at the end of subsection 
(e)(4XI) and inserting a semicolon. 
(13) CORRECTION OF PUNCTUATION IN SECTION 1032.—Sec-
tion 1032(1) of title 18, United States Code, is amended by 
striking "13," and inserting "13". 
(14) CORRECTION OF PUNCTUATION IN SECTION 1345.—Sec-
tion 1345(a)(1) of title 18, United States Code, is amended— 
(A) in subparagraph (B), by striking ", or" and inserting 
"; or"; and 
(B) in subparagraph (C), by striking the period and 
inserting a semicolon. 
(15) CORRECTION OF PUNCTUATION IN SECTION 3612.—Sec-
tion 3612(f)(2)(B) of title 18, United States Code, is amended 
by striking "preceding." and inserting "preceding". 
(16) CORRECTION OF INDENTATION IN CONTROLLED SUB-
STANCES ACT.—Section 402(c)(2) of the Controlled Substances 
Act (21 U.S.C. 842(c)(2)) is amended by moving the margin 
of subparagraph (C) 2 ems to the left. 
(c) ELIMINATION OF REDUNDANCIES.— 
(1) ELIMINATION OF DUPLICATE AMENDMENTS.—Effective on 
the date of its enactment, paragraphs (1), (2), and (4) of section 
601(b), paragraph (2) of section 601(d), paragraph (2) of section 
601(f), paragraphs (1) and (2)(A) of section 601(j), paragraphs 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1809 
(1) and (2) of section 601(k), subsection (d) of section 602, 
paragraph (4) of section 604(b), subsection (r) of section 605, 
and paragraph (2) of section 607(j) of the Economic Espionage 
Act of 1996 are repealed. 
18 USC 247,281, 
(2) ELIMINATION OF EXTRA COMMA.—Section 1956(c)(7)(D) 
iii4,2339A, 
of title 18, United States Code, is amended— 
^423,2516^3286, 
(A) by striking "Code,," and inserting "Code,"; and 
802.' 
(B) by striking "services),," and inserting "services),". 
(3) 
REPEAL 
OF 
SECTION 
GRANTING 
DUPLICATIVE 
AUTHORITY.— 
(A) Section 3503 of title 18, United States Code, is 
repealed. 
(B) The table of sections at the beginning of chapter 
223 of title 18, United States Code, is amended by striking 
the item relating to section 3503. 
(4) ELIMINATION OF OUTMODED REFERENCE TO PAROLE.— 
Section 929(b) of title 18, United States Code, is amended 
by striking the last sentence. 
(d) CORRECTION OF OUTMODED FINE AMOUNTS.— 
(1) IN TITLE 18, UNITED STATES CODE.— 
(A) IN SECTION 492.—Section 492 of title 18, United 
States Code, is amended by striking "not more than $100" 
and inserting "under this title". 
(B) IN SECTION 665.—Section 665(c) of title 18, United 
States Code, is amended by striking "a fine of not more 
than $5,000" and inserting "a fine under this title". 
(C) I N SECTIONS 1924, 2075, 2113(b), AND 2236.— 
(i) Section 1924(a) of title 18, United States Code, 
is amended by striking "not more than $1,000," and 
inserting "under this title". 
(ii) Sections 2075 and 2113(b) of title 18, United 
States Code, are each amended by striking "not more 
than $1,000" and inserting "under this title". 
(iii) Section 2236 of title 18, United States Code, 
is amended by inserting "under this title" after "war-
rant, shall be fined", and by striking "not more than 
$1,000". 
(D) IN SECTION 372 AND 752.—Sections 372 and 752(a) 
of title 18, United States Code, are each amended by 
striking "not more than $5,000" and inserting "under this 
title". 
(E) IN SECTION 924(e)(1).—Section 924(e)(1) of title 18, 
United States Code, is amended by striking "not more 
than $25,000" and inserting "under this title". 
(2) IN THE CONTROLLED SUBSTANCES ACT.— 
(A) IN SECTION 401.—Section 401(d) of the Controlled 
Substances Act (21 U.S.C. 841(d)) is amended— 
(i) in paragraph (1), by striking "and shall be fined 
not more than $10,000" and inserting "or fined under 
title 18, United States Code, or both"; and 
(ii) in paragraph (2), by striking "and shall be 
fined not more than $20,000" and inserting "or fined 
under title 18, United States Code, or both". 
(B) IN SECTION 402.—Section 402(c)(2) of the Controlled 
Substances Act (21 U.S.C. 842(c)) is amended— 
116 STAT. 1810 
PUBLIC LAW 107-273—NOV. 2, 2002 
Effective date. 
18 use 247. 
Effective date. 
18 use 2441. 
(i) in subparagraph (A), by striking "of not more 
than $25,000" and inserting "under title 18, United 
States Code"; and 
(ii) in subparagraph (B), by striking "of $50,000" 
and inserting "under title 18, United States Code". 
(C) IN SECTION 403.—Section 403(d) of the Controlled 
Substances Act (21 U.S.C. 843(d)) is amended— 
(i) by striking "of not more than $30,000" each 
place that term appears and inserting "under title 
18, United States Code"; and 
(ii) by striking "of not more than $60,000" each 
place it appears and inserting "under title 18, United 
States Code". 
(e) CROSS REFERENCE CORRECTIONS.— 
(1) SECTION 3664.—Section 3664(o)(l)(C) of title 18, United 
States Code, is amended by striking "section 3664(d)(3)" and 
inserting "subsection (d)(5)". 
(2) CHAPTER 223.—Section 3592(c)(1) of title 18, United 
States Code, is amended by striking "section 36" and inserting 
"section 37". 
(3) 
CORRECTING ERRONEOUS CROSS REFERENCE IN CON-
TROLLED SUBSTANCES ACT.—Section 511(a)(10) of the Controlled 
Substances Act (21 U.S.C. 881(a)(10)) is amended by striking 
"1822 of the Mail Order Drug Paraphernalia Control Act" and 
inserting "422". 
(4) CORRECTION TO REFLECT CROSS REFERENCE CHANGE 
MADE B
Y OTHER LAW.—Effective on the date of its enactment, 
section 601(c)(3) of the Economic Espionage Act of 1996 is 
amended by striking "247(d)" and inserting "247(e)". 
(5) TYPOGRAPHICAL AND TYPEFACE ERROR IN TABLE OF CHAP-
TERS.—The item relating to chapter 123 in the table of chapters 
at the beginning of part I of title 18, United States Code, 
is amended— 
(A) by striking "2271" and inserting "2721"; and 
(B) so that the item appears in bold face type. 
(6) SECTION 4104.—Section 4104(d) of title 18, United States 
Code, is amended by striking "section 3653 of this title and 
rule 32(f) of and inserting "section 3565 of this title and 
the applicable provisions of. 
(7) ERROR IN AMENDATORY LANGUAGE.—Effective on 
the 
date of its enactment, section 583 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 
1998 (111 Stat. 2436) is amended by striking "Section 2401" 
and inserting "Section 2441". 
(8) ERROR IN CROSS REFERENCE TO COURT RULES.—The 
first sentence of section 3593(c) of title 18, United States Code, 
is amended by striking "rule 32(c)" and inserting "rule 32". 
(9) SECTION 1836.—Section 1836 of title 18, United States 
Code, is amended— 
(A) in subsection (a), by striking "this section" and 
inserting "this chapter"; and 
(B) in subsection (b), by striking "this subsection" and 
inserting "this section". 
(10) CORRECTION OF ERRONEOUS CITE IN CHAPTER 
119.— 
Section 2510(10) of title 18, United States Code, is amended 
by striking "shall have" and all that follows through "United 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1811 
States Code;" and inserting "has the meaning given that term 
in section 3 of the Communications Act of 1934;". 
(11) ELIMINATION OF OUTMODED CITE IN SECTION 2339A.— 
Section 2339A(a) of title 18, United States Code, is amended 
by striking "2332c,". 
(12) 
CORRECTION OF REFERENCES IN AMENDATORY LAN-
GUAGE.—Effective the date of its enactment, section 115(a)(8)(B) Effective date. 
of PubUc Law 105-119 is amended— 
18 USC 3563. 
(A) in clause (i)— 
(i) by striking "at the end of and inserting "fol-
lowing"; and 
(ii) by striking "paragraph" the second place it 
appears and inserting "subsection"; and 
(B) in clause (ii), by striking "subparagraph (A)" and 
inserting "clause (i)". 
(f) TABLES OF SECTIONS CORRECTIONS.— 
(1) CONFORMING TABLE OF SECTIONS TO HEADING OF SEC-
TION.—The item relating to section 1837 in the table of sections 
at the beginning of chapter 90 of title 18, United States Code, 
is amended by striking "Conduct" and inserting "Applicability 
to conduct". 
(2) CONFORMING HEADING TO TABLE OF SECTIONS ENTRY.— 
The heading of section 1920 of title 18, United States Code, 
is 
amended 
by 
striking 
"employee's" 
and 
inserting 
"employees'". 
SEC. 4003. ADDITIONAL TECHNICALS. 
(a) TITLE 18.—Title 18, United States Code, is amended— 
(1) in section 922(t)(l)(C), by striking "1028(d)(1)" and 
inserting "1028(d)"; 
(2) in section 1005— 
(A) in the first undesignated paragraph, by striking 
"Act,," and inserting "Act,"; and 
(B) by inserting "or" at the end of the third undesig-
nated paragraph; 
(3) in section 1071, by striking "fine of under this title" 
and inserting "fine under this title"; 
(4) in section 1368(a), by inserting "to" after "serious bodily 
injury"; 
(5) in subsections (b)(1) and (c) of section 2252A, by striking 
"paragraphs" and inserting "paragraph"; and 
(6) in section 2254(a)(3), by striking the comma before 
the period at the end. 
(b) TITLE 28.—Title 28, United States Code, is amended— 
(1) in section 509(3), by striking the second period; 
(2) in section 526— 
(A) 
in 
the 
heading, 
by 
striking 
"AND" before 
"TRUSTEES"; and 
(B) in subsection (a)(1), by striking the second comma 
after "marshals"; 
(3) in section 529(b)(2), as hereinbefore added, by striking 
the matter between "services contract" and "made,"; 
(4) in section 534(a)(3), by inserting "and" after the semi-
colon; 
(5) in the item relating to section 526 in the table of 
sections at the beginning of chapter 31, by striking "and" before 
"trustees"; 
116 STAT. 1812 
PUBLIC LAW 107-273—NOV. 2, 2002 
28 u s e 504 and 
note. 
Effective date. 
Effective date. 
50 u s e 1805. 
(6) in the item relating to chapter 37 in the table of chapters 
at the beginning of part II, by inserting "Service" after "Mar-
shals"; 
(7) in the item relating to section 532 in the table of 
sections at the beginning of chapter 33, by inserting "the" 
after "of; and 
(8) in the item relating to section 537 in the table of 
sections at the beginning of chapter 33, by striking "nature" 
and inserting "character". 
SEC. 4004. REPEAL OF OUTMODED PROVISIONS. 
(a) Section 14 of title 18, United States Code, and the item 
relating thereto in the table of sections at the beginning of chapter 
1 of title 18, United States Code, are repealed. 
(b) Section 1261 of such title is amended— 
(1) by striking "(a) The Secretary" and inserting "The Sec-
retary"; and 
(2) by striking subsection (b). 
(c) Section 1821 of such title is amended by striking ", the 
Canal Zone". 
(d) Section 3183 of such title is amended by striking "or the 
Panama Canal Zone,". 
(e) Section 3241 of such title is amended by striking "United 
States District Court for the Canal Zone and the". 
(f) Any section of any Act enacted on the antepenultimate 
day of November 2001, which section provides for any amendment 
to chapter 31 of title 28, United States Code, is hereby repealed. 
SEC. 4005. AMENDMENTS RESULTING FROM PUBLIC LAW 107-56. 
(a) M A R G I N CoRREeTiONS.— 
(1) Section 2516(1) of title 18, United States Code, is 
amended by moving the left margin for subsection (q) 2 ems 
to the right. 
(2) Section 2703(c)(1) of title 18, United States Code, is 
amended by moving the left margin of subparagraph (E) 2 
ems to the left. 
(3) Section 1030(a)(5) of title 18, United States Code, is 
amended by moving the left margin of subparagraph (B) 2 
ems to the left. 
(b) 
CORRECTION OF WRONGLY WORDED 
CLERICAL AMEND-
MENT.—Effective on the date of its enactment, section 223(c)(2) 
of Public Law 107-56 is amended to read as follows: 
"(2) The table of sections at the beginning of chapter 121 
of title 18, United States Code, is amended by adding at the end 
the following new item: 
"2712. Civil actions against the United States.". 
(c) CORRECTION OF ERRONEOUS PLACEMENT OF AMENDMENT 
LANGUAGE.—Effective on the date of its enactment, section 225 
of Public Law 107-56 is amended— 
(1) by striking "after subsection (g)" and inserting "after 
subsection (h)"; and 
(2) by redesignating the subsection added to section 105 
of section 105 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1805) as subsection (i). 
(d) PUNCTUATION CORRECTIONS.— 
(1) Section 1956(c)(6)(B) of title 18, United States Code, 
is amended by striking the period and inserting a semicolon. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1813 
(2) Effective on the date of its enactment, section 803(a) 
of Public Law 107-56 is amended by striking the close quotation 
mark and period that follows at the end of subsection (a) 
in the matter proposed to be inserted in title 18, United States 
Code, as a new section 2339. 
(3) Section 1030(c)(3)(B) of title 18, United States Code, 
is amended by inserting a comma after "(a)(4)". 
(e) ELIMINATION OF DUPLICATE AMENDMENT.—^Effective on the 
date of its enactment, section 805 of Public Law 107-56 is amended 
by striking subsection (b). 
(f) CORRECTION OF UNEXECUTABLE AMENDMENTS.— 
(1) Effective on the date of its enactment, section 813(2) 
of Public Law 107-56 is amended by striking "semicolon" and 
inserting "period". 
(2) Effective on the date of its enactment, section 815 
of Public Law 107-56 is amended by inserting "a" before "statu-
tory authorization". 
(g) CORRECTION OF HEADING STYLE.—The heading for section 
175b of title 18, United States Code, is amended to read as follows: 
"§ 175b. Possession by restricted persons*'. 
SEC. 4006. CROSS REFERENCE CORRECTION. 
Section 2339C(a)(l) of title 18, United States Code, is amended 
by striking "described in subsection (c)" and inserting "described 
in subsection (b)". 
TITLE V—PAUL COVERDELL FORENSIC 
SCIENCES IMPROVEMENT GRANTS 
Effective date. 
18 u s e 2339. 
Effective date. 
18 u s e 1956. 
Effective date. 
18 u s e 1961. 
Effective date. 
18 u s e 2707 
note. 
SEC. 5001. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT 
GRANTS. 
(a) STATE APPLICATIONS.—Section 503(a)(13)(A)(iii) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3753(a)(13)(A)(iii)) is amended by striking "or the National 
Association of Medical Examiners," and inserting ", the National 
Association of Medical Examiners, or any other nonprofit, profes-
sional organization that may be recognized within the forensic 
science community as competent to award such accreditation,". 
(b) FORENSIC SCIENCES IMPROVEMENT GRANTS.—Part BB of 
title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797J et seq.) is amended— 
(1) in section 2801, by inserting after "States" the following: 
" and units of local government"; 
(2) in section 2802— 
(A) in the matter before paragraph (1), by inserting 
"or unit of local government" after "State"; 
(B) in paragraph (1), to read as follows: 
"(1) a certification that the State or unit of local government 
has developed a plan for forensic science laboratories under 
a program described in section 2804(a), and a specific descrip-
tion of the manner in which the grant will be used to carry 
out that plan;"; 
(C) in paragraph (2), by inserting "or appropriate certi-
fying bodies" before the semicolon; and 
42 u s e 3797J. 
42 u s e 3797k. 
116 STAT. 1814 
PUBLIC LAW 107-273—NOV. 2, 2002 
(D) in paragraph (3), by inserting "for a State or local 
plan" after "program"; 
42 use 3797/. 
(3) in section 2803(a)(2), by striking "to States with" and 
all that follows through the period and inserting "for competi-
tive awards to States and units of local government. In making 
awards under this part, the Attorney General shall consider 
the average annual number of part 1 violent crimes reported 
by each State to the Federal Bureau of Investigation for the 
3 most recent calendar years for which data is available and 
consider the existing resources and current needs of the poten-
tial grant recipient."; 
42 use 3797m. 
(4) in Section 2804— 
(A) in subsection (a), by inserting "or unit of local 
government" after "A State"; and 
(B) in subsection (c)(1), by inserting "(including grants 
received by units of local government within a State)" 
after "under this part"; and 
42 use 37970. 
(5) in section 2806(a)— 
(A) in the matter before paragraph (1), by inserting 
"or unit of local government" after "each State"; and 
(B) in paragraph (1), by inserting before the semicolon 
the following: ", which shall include a comparison of pre-
grant and post-grant forensic science capabilities" 
(C) in paragraph (2), by striking "and" at the end; 
(D) by redesignating paragraph (3) as paragraph (4); 
and 
(E) by inserting after paragraph (2) the following: 
"(3) an identification of the number and t3npe of cases 
currently accepted by the laboratory; and". 
SEC. 5002. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for each of fiscal years 
2002 through 2007— 
(1) such sums as may be necessary for the Center for 
Domestic Preparedness of the Department of Justice in 
Anniston, Alabama; 
(2) such sums as may be necessary for the Texas 
Engineering Extension Service of Texas A&M University; 
(3) such sums as may be necessary for the Energetic Mate-
rials Research and Test Center of the New Mexico Institute 
of Mining and Technology; 
(4) such sums as may be necessary for the Academy of 
Counterterrorist Education at Louisiana State University; 
(5) such sums as may be necessary for the National Exer-
cise, Test, and Training Center of the Department of Energy, 
located at the Nevada test site; 
(6) such sums as may be necessary for the National Center 
for the Study of Counter-Terrorism and Cyber-Crime at Nor-
wich University; and 
(7) such sums as may be necessary for the Northeast 
Counterdrug Training Center at Fort Indiantown Gap, Pennsyl-
vania. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1815 
DIVISION C—IMPROVEMENTS TO CRIMI-
NAL JUSTICE, CIVIL JUSTICE, IMMI-
GRATION, JUVENILE JUSTICE, AND 
INTELLECTUAL PROPERTY AND ANTI-
TRUST LAWS 
TITLE I—CRIMINAL JUSTICE, CIVIL 
JUSTICE, AND IMMIGRATION 
Subtitle A—General Improvements 
SEC. 11001. LAW ENFORCEMENT TRIBUTE ACT. 
Law Enforcement 
Tribute Act 
(a) SHORT TITLE.—This section may be cited as the "Law 
42 usc 15208. 
Enforcement Tribute Act". 
(b) FINDINGS.—Congress finds the following: 
(1) The well-being of all citizens of the United States is 
preserved and enhanced as a direct result of the vigilance 
and dedication of law enforcement and public safety personnel. 
(2) More than 700,000 law enforcement officers, both men 
and women, at great risk to their personal safety, serve their 
fellow citizens as guardians of peace. 
(3) Nationwide, 51 law enforcement officers were killed 
in the line of duty in 2000, according to statistics released 
by the Federal Bureau of Investigation. This number is an 
increase of 9 from the 1999 total of 42. 
(4) In 1999, 112 firefighters died while on duty, an increase 
of 21 deaths from the previous year. 
(5) Every year, 1 in 9 peace officers is assaulted, 1 in 
25 is injured, and 1 in 4,400 is killed in the line of duty. 
(6) In addition, recent statistics indicate that 83 officers 
were accidentally killed in the performance of their duties 
in 2000, an increase of 18 from the 65 accidental deaths in 
1999. 
(7) A permanent tribute is a powerful means of honoring 
the men and women who have served our Nation with distinc-
tion. However, many law enforcement and public safety agen-
cies lack the resources to honor their fallen colleagues. 
(c) PROGRAM AUTHORIZED.—From amounts made available to 
carry out this section, the Attorney General may make grants 
to States, units of local government, and Indian tribes to carry 
out programs to honor, through permanent tributes, men and 
women of the United States who were killed or disabled while 
serving as law enforcement or public safety officers. 
(d) USES OF FUNDS.—Grants awarded under this section shall 
be distributed directly to the State, unit of local government, or 
Indian tribe, and shall be used for the purposes specified in sub-
section (c). 
(e) $150,000 LIMITATION.—^A grant under this section may not 
exceed $150,000 to any single recipient. 
(f) MATCHING FUNDS.— 
(1) The Federal portion of the costs of a program provided 
by a grant under this section may not exceed 50 percent. 
116 STAT. 1816 
PUBLIC LAW 107-273—NOV. 2, 2002 
(2) Any funds appropriated by Congress for the activities 
of any agency of an Indian tribal government or the Bureau 
of Indian Affairs performing law enforcement or public safety 
functions on any Indian lands may be used to provide the 
non-Federal share of a matching requirement funded under 
this subsection. 
(g) APPLICATIONS.—^To request a grant under this section, the 
chief executive of a State, unit of local government, or Indian 
tribe shall submit an application to the Attorney General at such 
time, in such manner, and accompanied by such information as 
the Attorney General may require. 
Deadline. 
(h) ANNUAL REPORT TO CONGRESS.—Not later than November 
30 of each year, the Attorney General shall submit a report to 
the Congress regarding the activities carried out under this section. 
Each such report shall include, for the preceding fiscal year, the 
number of grants funded under this section, the amount of funds 
provided under those grants, and the activities for which those 
funds were used. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $3,000,000 for each 
of fiscal years 2002 through 2006. 
SEC. 11002. DISCLOSURE OF GRAND JURY MATTERS RELATING TO 
MONEY LAUNDERING OFFENSES. 
Section 3322(d)(1) of title 18, United States Code, is amended— 
(1) in subparagraph (A), by striking "or 1344; or" and 
inserting "1344, 1956, or 1957;"; 
(2) in subparagraph (B), by inserting "or" after the semi-
colon; and 
(3) by adding at the end the following: 
"(C) any provision of subchapter II of chapter 53 of 
title 31, United States Code;". 
SEC. 
11003. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC 
PREPAREDNESS SUPPORT. 
(a) TECHNICAL CORRECTIONS.— 
(1) OFFICE.—Section 1014(a) of the USA PATRIOT Act 
42 use 3714. 
(Public Law 107-56) is amended by striking "Office of State 
and Local Domestic Preparedness Support" and inserting 
"Office for Domestic Preparedness". 
(2) PERCENT.—Section 1014(c)(3) of the USA PATRIOT Act 
(Public Law 107-56) is amended by inserting "not less than" 
before "0.25 percent". 
(b) ADDITIONAL USE OF GRANT AMOUNTS.—Section 1014(b) of 
the USA PATRIOT Act (Public Law 107-56) is amended by inserting 
at the end the following: "In addition, grants under this section 
may be used to construct, develop, expand, modify, operate, or 
improve facilities to provide training or assistance to State and 
local first responders.". 
SEC. 
11004. UNITED STATES SENTENCING COMMISSION ACCESS TO 
NCIC TERMINAL. 
Section 534(a) of title 28, United States Code, is amended 
by striking paragraph (4) and inserting the following: 
"(4) exchange such records and information with, and for 
the official use of, authorized officials of the Federal Govern-
ment, including the United States Sentencing Commission, the 
States, cities, and penal and other institutions.". 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1817 
SEC. 11005. DANGER PAY FOR FBI AGENTS. 
Section 151 of the Foreign Relations Act, fiscal years 1990 
and 1991 (5 U.S.C. 5928 note), is amended by inserting *'or Federal 
Bureau of Investigation" after "Drug Enforcement Administration". 
SEC. 11006. POLICE CORPS. 
Subtitle A of title XX of the Violent Crime Control and Law 
Enforcement Act of 1994, the Police Corps Act (42 U.S.C. 14091 
et seq.), is amended— 
(1) in section 200106— 
(A) in subsection (aX2)— 
(i) in subparagraph (A), by striking "$7,500" and 
inserting "$10,000"; 
(ii) in subparagraph (B), by striking "$10,000" and 
inserting "$13,333"; and 
(iii) in subparagraph (C), by striking "$30,000" 
and inserting "$40,000"; and 
(B) in subsection (b)(2)— 
(i) in subparagraph (A), by striking "$7,500" and 
inserting "$10,000"; 
(ii) in subparagraph (B), by striking "$10,000" and 
inserting "$13,333"; and 
(iii) in subparagraph (C), by striking "$30,000" 
and inserting "$40,000"; 
(2) in section 200108, by striking "$250" and inserting 
"$400"; 
(3) in section 200110(2), by striking "no more than 10 
percent" and inserting "except with permission of the Director, 
no more than 25 percent"; 
(4) by striking section 200111; and 
(5) in section 200112, by striking "fiscal year 2002" and 
inserting "each of fiscal years 2002 through 2005". 
SEC. 
11007. RADIATION EXPOSURE COMPENSATION TECHNICAL 
AMENDMENTS. 
(a) IN GENERAL.—The Radiation Exposure Compensation Act 
(42 U.S.C. 2210 note) is amended— 
(1) in section 4(b)(1)(C), by inserting ", and that part of 
Arizona that is north of the Grand Canyon" after "Gila"; 
(2) in section 4(b)(2)— 
(A) by striking "lung cancer (other than in situ lung 
cancer that is discovered during or after a post-mortem 
exam),"; and 
(B) by striking "or liver (except if cirrhosis or hepatitis 
B is indicated)." and inserting "liver (except if cirrhosis 
or hepatitis B is indicated), or lung."; 
(3) in section 5(a)(l)(A)(ii)(I), by inserting "or worked for 
at least 1 year during the period described under clause (i)" 
after "months of radiation"; 
(4) in section 5(a)(2)(A), by striking "an Atomic Energy 
Commission" and inserting "a"; 
(5) in section 5(b)(5), by striking "or lung cancer"; 
(6) in section 5(c)(l)(B)(i), by striking "or lung cancer"; 
(7) in section 5(c)(2)(BXi), by striking "or lung cancer"; 
(8) in section 6{e)— 
(A) by striking "The" and inserting "Except as other-
wise authorized by law, the"; and 
42 u s e 14095. 
42 u s e 14097. 
42 u s e 14099. 
42 u s e 14100. 
42 u s e 14101. 
99-194 O - 03 - 8 : QL 3 Part 3 
116 STAT. 1818 
PUBLIC LAW 107-273—NOV. 2, 2002 
Deadline. 
42 u s e 2210 
note. 
Federal Judiciary 
Protection Act of 
2002. 
18 u s e 111 note. 
(B) by inserting ", mill, or while employed in the trans-
port of uranium ore or vanadium-uranium ore from such 
mine or mill" after "radiation in a uranium mine"; 
(9) in section 6(i), by striking the second sentence; 
(10) in section 6(k), by adding at the end the following: 
"Not later than 180 days after the date of enactment of the 
Radiation Exposure Compensation Act Amendments of 2000, 
the Attorney General shall issue revised regulations to carry 
out this Act."; 
(11) in section 7, by amending subsection (b) to read as 
follows: 
"(b) CHOICE OF REMEDIES.—No individual may receive more 
than 1 pajonent under this Act."; and 
(12) by adding at the end the following: 
"SEC. 14. GAG REPORTS. 
"(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of the Radiation Exposure Compensation Act Amend-
ments of 2000, and every 18 months thereafter, the General 
Accounting Office shall submit a report to Congress containing 
a detailed accounting of the administration of this Act by the 
Department of Justice. 
"(b) CONTENTS.—^Each report submitted under this section shall 
include an analysis of— 
"(1) claims, awards, and administrative costs under this 
Act; and 
"(2) the budget of the Department of Justice relating to 
this Act.". 
(b) 
CONFORMING AMENDMENTS.—Section 3 of the 
Radiation 
Exposure Compensation Act Amendments of 2000 (Public Law 106-
245) is amended by striking subsection (i). 
SEC. 11008. FEDERAL JUDICIARY PROTECTION ACT OF 2002. 
(a) SHORT TITLE.—This section may be cited as the "Federal 
Judiciary Protection Act of 2002". 
(b) ASSAULTING, RESISTING, OR IMPEDING CERTAIN OFFICERS 
OR EMPLOYEES.—Section 111 of title 18, United States Code, is 
amended— 
(1) in subsection (a), by striking "three" and inserting "8"; 
and 
(2) in subsection (b), by striking "ten" and inserting "20". 
(c) INFLUENCING, IMPEDING, OR RETALIATING AGAINST A FED-
ERAL OFFICIAL BY THREATENING OR INJURING A FAMILY MEMBER.— 
Section 115(b)(4) of title 18, United States Code, is amended— 
(1) by striking "five" and inserting "10"; and 
(2) by striking "three" and inserting "6". 
(d) MAILING THREATENING COMMUNICATIONS.—Section 876 
of 
title 18, United States Code, is amended— 
(1) by designating the first 4 undesignated paragraphs 
as subsections (a) through (d), respectively; 
(2) in subsection (c), as redesignated by paragraph (1), 
by adding at the end the following: "If such a communication 
is addressed to a United States judge, a Federal law enforce-
ment officer, or an official who is covered by section 1114, 
the individual shall be fined under this title, imprisoned not 
more than 10 years, or both."; and 
(3) in subsection (d), as redesignated by paragraph (1), 
by adding at the end the following: "If such a communication 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1819 
is addressed to a United States judge, a Federal law enforce-
ment officer, or an official who is covered by section 1114, 
the individual shall be fined under this title, imprisoned not 
more than 10 years, or both.". 
(e) AMENDMENT OF THE SENTENCING GUIDELINES FOR ASSAULTS 
AND THREATS AGAINST FEDERAL JUDGES AND CERTAIN OTHER FED-
ERAL OFFICIALS AND EMPLOYEES.— 
(1) IN GENERAL.—Pursuant to its authority under section 
994 of title 28, United States Code, the United States Sen-
tencing Commission shall review and amend the Federal sen-
tencing guidelines and the policy statements of the commission, 
if appropriate, to provide an appropriate sentencing enhance-
ment for offenses involving influencing, assaulting, resisting, 
impeding, retaliating against, or threatening a Federal judge, 
magistrate judge, or any other official described in section 
111 or 115 of title 18, United States Code. 
(2) FACTORS FOR CONSIDERATION.—In carrying out this sec-
tion, the United States Sentencing Commission shall consider, 
with respect to each offense described in paragraph (1)— 
(A) any expression of congressional intent regarding 
the appropriate penalties for the offense; 
(B) the range of conduct covered by the offense; 
(C) the existing sentences for the offense; 
(D) the extent to which sentencing enhancements 
within the Federal sentencing guidelines and the authority 
of the court to impose a sentence in excess of the applicable 
guideline range are adequate to ensure punishment at 
or near the maximum penalty for the most egregious con-
duct covered by the offense; 
(E) the extent to which the Federal sentencing guide-
line sentences for the offense have been constrained by 
statutory maximum penalties; 
(F) the extent to which the Federal sentencing guide-
lines for the offense adequately achieve the purposes of 
sentencing as set forth in section 3553(a)(2) of title 18, 
United States Code; 
(G) the relationship of the Federal sentencing guide-
lines for the offense to the Federal sentencing guidelines 
for other offenses of comparable seriousness; and 
(H) any other factors that the Commission considers 
to be appropriate. 
SEC. 11009. JAMES GUELFF AND CHRIS McCURLEY BODY ARMOR ACT 
OF 2002. 
(a) SHORT TITLE.—This section may be cited as the "James 
Guelff and Chris McCurley Body Armor Act of 2002". 
(b) FINDINGS.—Congress finds that— 
(1) nationally, police officers and ordinary citizens are 
facing increased danger as criminals use more deadly weaponry, 
body armor, and other sophisticated assault gear; 
(2) crime at the local level is exacerbated by the interstate 
movement of body armor and other assault gear; 
(3) there is a traffic in body armor moving in or otherwise 
affecting interstate commerce, and existing Federal controls 
over such traffic do not adequately enable the States to control 
this traffic within their own borders through the exercise of 
their police power; 
28 u s e 994 note. 
James Guelff and 
Chris McCurley 
Body Armor Act 
of 2002. 
42 u s e 3796ZZ-3. 
116 STAT. 1820 
PUBLIC LAW 107-273—NOV. 2, 2002 
(4) recent incidents, such as the murder of San Franci'sco 
Police Officer James Guelff by an assailant wearing 2 layers 
of body armor, a 1997 bank shoot out in north Hollywood, 
California, between police and 2 heavily armed suspects out-
fitted in body armor, and the 1997 murder of Captain Chris 
McCurley of the Etowah County, Alabama Drug Task Force 
by a drug dealer shielded by protective body armor, demonstrate 
the serious threat to community safety posed by criminals 
who wear body armor during the commission of a violent crime; 
(5) of the approximately 1,500 officers killed in the line 
of duty since 1980, more than 30 percent could have been 
saved by body armor, and the risk of dying from gunfire is 
14 times higher for an officer without a bulletproof vest; 
(6) the Department of Justice has estimated that 25 percent 
of State and local police are not issued body armor; 
(7) the Federal Government is well-equipped to grant local 
police departments access to body armor that is no longer 
needed by Federal agencies; and 
(8) Congress has the power, under the interstate commerce 
clause and other provisions of the Constitution of the United 
States, to enact legislation to regulate interstate commerce 
that affects the integrity and safety of our communities. 
(c) DEFINITIONS.—In this section: 
(1) BODY ARMOR.—The term "body armor" means any 
product sold or offered for sale, in interstate or foreign com-
merce, as personal protective body covering intended to protect 
against gunfire, regardless of whether the product is to be 
worn alone or is sold as a complement to another product 
or garment. 
(2) LAW ENFORCEMENT AGENCY.—^The term "law enforce-
ment agency" means an agency of the United States, a State, 
or a political subdivision of a State, authorized by law or 
by a government agency to engage in or supervise the preven-
tion, detection, investigation, or prosecution of any violation 
of criminal law. 
(3) LAW ENFORCEMENT OFFICER.—The term "law enforce-
ment officer" means any officer, agent, or employee of the 
United States, a State, or a political subdivision of a State, 
authorized by law or by a government agency to engage in 
or supervise the prevention, detection, investigation, or prosecu-
tion of any violation of criminal law. 
(d) AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT 
TO BODY ARMOR.— 
(1) IN GENERAL.—Pursuant to its authority under section 
994(p) of title 28, United States Code, the United States Sen-
tencing Commission shall review and amend the Federal sen-
tencing guidelines and the policy statements of the Commission, 
as appropriate, to provide an appropriate sentencing enhance-
ment for any crime of violence (as defined in section 16 of 
title 18, United States Code) or drug trafficking crime (as 
defined in section 924(c) of title 18, United States Code) 
(including a crime of violence or drug trafficking crime that 
provides for an enhanced punishment if committed by the use 
of a deadly or dangerous weapon or device) in which the defend-
ant used body armor. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1821 
(2) SENSE OF CONGRESS.—It is the sense of Congress that 
any sentencing enhancement under this subsection should be 
at least 2 levels. 
(e) PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY 
ARMOR BY VIOLENT FELONS.— 
(1) DEFINITION OF BODY ARMOR.—Section 921(a) of title 
18, United States Code, is amended by adding at the end 
the following: 
"(35) The term 'body armor' means any product sold or 
offered for sale, in interstate or foreign commerce, as personal 
protective body covering intended to protect against gunfire, 
regardless of whether the product is to be worn alone or is 
sold as a complement to another product or garment.". 
(2) PROHIBITION.— 
(A) IN GENERAL.—Chapter 44 of title 18, United States 
Code, is amended by adding at the end the following: 
**§931. Prohibition on purchase, ownership, or possession 
of body armor by violent felons 
"(a) IN GENERAL.—Except as provided in subsection (b), it shall 
be unlawful for a person to purchase, own, or possess body armor, 
if that person has been convicted of a felony that is— 
"(1) a crime of violence (as defined in section 16); or 
"(2) an offense under State law that would constitute a 
crime of violence under paragraph (1) if it occurred within 
the special maritime and territorial jurisdiction of the United 
States. 
"(b) AFFIRMATIVE DEFENSE.— 
"(1) IN GENERAL.—It shall be an affirmative defense under 
this section that— 
"(A) the defendant obtained prior written certification 
from his or her employer that the defendant's purchase, 
use, or possession of body armor was necessary for the 
safe performance of lawful business activity; and 
"(B) the use and possession by the defendant were 
limited to the course of such performance. 
"(2) EMPLOYER.—In this subsection, the term 'employer' 
means any other individual employed by the defendant's busi-
ness that supervises defendant's activity. If that defendant 
has no supervisor, prior written certification is acceptable from 
any other employee of the business.". 
(B) CLERICAL AMENDMENT.—^The analysis for chapter 
44 of title 18, United States Code, is amended by adding 
at the end the following: 
"931. Prohibition on purchase, ownership, or possession of body armor by violent fel-
ons.". 
(3) PENALTIES.—Section 924(a) of title 18, United States 
Code, is amended by adding at the end the following: 
"(7) Whoever knowingly violates section 931 shall be fined 
under this title, imprisoned not more than 3 years, or both.". 
(f) DONATION OF FEDERAL SURPLUS BODY ARMOR.— 
(1) DEFINITIONS.—In this subsection, the terms "Federal 
agency" and "surplus property" have the meanings given such 
terms under section 3 of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 472). 
116 STAT. 1822 
PUBLIC LAW 107-273—NOV. 2, 2002 
(2) DONATION OF BODY ARMOR.—Notwithstanding section 
203 of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 484), the head of a Federal agency may 
donate body armor directly to any State or local law enforce-
ment agency, if such body armor— 
(A) is in serviceable condition; 
(B) is surplus property; and 
(C) meets or exceeds the requirements of National 
Institute of Justice Standard 0101.03 (as in effect on the 
date of enactment of this Act). 
(3) NOTICE TO ADMINISTRATOR.—The head of a Federal 
agency who donates body armor under this subsection shall 
submit to the Administrator of General Services a written 
notice identifying the amount of body armor donated and each 
State or local law enforcement agency that received the body 
armor. 
(4) DONATION BY CERTAIN OFFICERS.— 
(A) DEPARTMENT OF JUSTICE.—In the administration 
of this subsection with respect to the Department of Justice, 
in addition to any other officer of the Department of Justice 
designated by the Attorney General, the following officers 
may act as the head of a Federal agency: 
(i) The Administrator of the Drug Enforcement 
Administration. 
(ii) The Director of the Federal Bureau of Inves-
tigation. 
(iii) The Commissioner of the Immigration and 
Naturalization Service. 
(iv) The Director of the United States Marshals 
Service. 
(B) DEPARTMENT OF THE TREASURY.—In the adminis-
tration of this subsection with respect to the Department 
of the Treasury, in addition to any other officer of the 
Department of the Treasury designated by the Secretary 
of the Treasury, the following officers may act as the head 
of a Federal agency: 
(i) The Director of the Bureau of Alcohol, Tobacco, 
and Firearms. 
(ii) The Commissioner of Customs. 
(iii) The Director of the United States Secret 
Service. 
(5) No LIABILITY.—Notwithstanding any other provision of 
law, the United States shall not be liable for any harm occurring 
in connection with the use or misuse of any body armor donated 
under this subsection. 
SEC. 11010. PERSONS AUTHORIZED TO SERVE SEARCH WARRANT. 
Section 2703 of title 18, United States Code, is amended by 
adding at the end the following: 
"(g) PRESENCE OF OFFICER NOT REQUIRED.—Notwithstanding 
section 3105 of this title, the presence of an officer shall not be 
required for service or execution of a search warrant issued in 
accordance with this chapter requiring disclosure by a provider 
of electronic communications service or remote computing service 
of the contents of communications or records or other information 
pertaining to a subscriber to or customer of such service.". 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1823 
SEC. 
11011. STUDY ON REENTRY, MENTAL ILLNESS, AND PUBLIC 
42 USC 3796ii 
SAFETY. 
note. 
(a) STUDY.—The Attorney General shall commission a study 
of offenders, or a sampling of such offenders, with mental illness 
released from prison or jail in 2 or more jurisdictions, including 
at least 1 State or local and 1 Federal, to determine the extent 
to which participation in public benefit programs correlates with 
successful reentry and improved public safety. 
(b) REPORT.—Not later than 2 years after the date of enactment Deadline, 
of this Act, the Attorney General shall submit to the Committees 
on the Judiciary of the Senate and the House of Representatives— 
(1) a report detailing the results of the study conducted 
under subsection (a) with findings that address— 
(A) the number of offenders with mental illness 
released from the prison or jail who qualify for medicaid, 
SSI, or SSDI; 
(B) the number of offenders with mental illness who 
qualify for medicaid, SSI, or SSDI benefits and who are 
enrolled in these programs upon release from prison or 
jail; and 
(C) how enrollment in medicaid, SSI, or SSDI affects— 
(i) rearrest; 
(ii) violation of condition(s) of release; 
(iii) reincarceration; 
(iv) rehospitalization; 
(v) the length of time upon release from prison 
or jail time to the first contact with a mental health 
or substance abuse service; and 
(vi) the number of contacts with a mental health 
or substance abuse services within the first 90 days 
of release; and 
(2) any recommendations. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
such sums as necessary to conduct the study and issue the report 
required by this section. 
SEC. 11012. TECHNICAL AMENDMENT TO OMNIBUS CRIME CONTROL 
ACT. 
Section 802(b) of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended in the first sentence by striking "U," 
and inserting "T,". 
SEC. 11013. DEBT COLLECTION IMPROVEMENT. 
(a) IN GENERAL.—Notwithstanding section 3302 of title 31, 
United States Code, or any other statute affecting the crediting 
of collections, the Attorney General may credit, as an offsetting 
collection, to the Department of Justice Working Capital Fund 
up to 3 percent of all amounts collected pursuant to civil debt 
collection litigation activities of the Department of Justice. Such 
amounts in the Working Capital Fund shall remain available until 
expended and shall be subject to the terms and conditions of that 
fund, and shall be used first, for paying the costs of processing 
and tracking civil and criminal debt-collection litigation, and, there-
after, for financial systems and for debt-collection-related personnel, 
administrative, and litigation expenses. 
(b) CONFORMING AMENDMENT.—Section 108 of Public Law 103-
121 is repealed. 
42 USC 3783. 
28 USC 527 note. 
28 USC 527 note. 
116 STAT. 1824 
PUBLIC LAW 107-273—NOV. 2, 2002 
SEC. 11014. SCAAP AUTHORIZATION. 
Section 241(i)(5) of the Immigration and Nationality Act (8 
U.S.C. 1231(i)(5)) is amended by striking ", of which" and all that 
follows through "2000" and inserting "in fiscal years 2003 and 
2004". 
28 u s e 519 note. 
SEC. 11015. USE OF ANNUITY BROKERS IN STRUCTURED SETTLE-
MENTS. 
(a) ESTABLISHMENT AND TRANSMISSION OF LIST OF APPROVED 
DeadHne. 
ANNUITY BROKERS.—Not later than 6 months after the date of 
enactment of this Act, the Attorney General shall establish a list 
of annuity brokers who meet minimum qualifications for providing 
annuity brokerage services in connection with structured settle-
ments entered by the United States. This list shall be updated 
upon request by any annuity broker that meets the minimum 
qualifications for inclusion on the list. The Attorney General shall 
transmit such list, and any updates to such list, to all United 
States Attorneys. 
(b) AUTHORITY TO SELECT ANNUITY BROKER FOR STRUCTURED 
SETTLEMENTS.—In any structured settlement that is not negotiated 
exclusively through the Civil Division of the Department of Justice, 
the United States Attorney (or his designee) involved in any settle-
ment negotiations shall have the exclusive authority to select an 
annuity broker from the list of such brokers established by the 
Attorney General, provided that all documents related to any settle-
ment comply with Department of Justice requirements. 
SEC. 11016. INS PROCESSING FEES. 
The Immigration and Nationality Act is amended— 
(1) in section 344(c) (8 U.S.C. 1455(c)), by striking "AH" 
and inserting "Except as provided by section 286(q)(2) or any 
other law, all"; and 
(2) in section 286(q)(2) (8 U.S.C. 1356(q)(2)), by inserting 
", including receipts for services performed in processing forms 
1-94,1-94W, and 1-68, and other similar applications processed 
at land border ports of entry," after "subsection". 
SEC. 11017. UNITED STATES PAROLE COMMISSION EXTENSION. 
(a) EXTENSION OF THE PAROLE COMMISSION.—For purposes of 
section 235(b) of the Sentencing Reform Act of 1984 (98 Stat. 
2032) as such section relates to chapter 311 of title 18, United 
States Code, and the Parole Commission, each reference in such 
section to "fifteen years" or "fifteen-year period" shall be deemed 
to be a reference to "eighteen years" or "eighteen-year period", 
respectively. 
Deadline. 
(b) STUDY B
Y ATTORNEY GENERAL.—The Attorney General, not 
later than 60 days after the enactment of this Act, should establish 
a committee within the Department of Justice to evaluate the 
merits and feasibility of transferring the United States Parole 
Commission's functions regarding the supervised release of District 
of Columbia offenders to another entity or entities outside the 
Department of Justice. This committee should consult with the 
District of Columbia Superior Court and the District of Columbia 
Court Services and Offender Supervision Agency, and should report 
Deadline. 
its findings and recommendations to the Attorney General. The 
Attorney General, in turn, should submit to Congress, not later 
than 18 months after the enactment of this Act, a long-term plan 
18 u s e 4202 
note. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1825 
for the most effective and cost-efficient assignment of responsibil-
ities relating to the supervised release of District of Columbia 
offenders. 
(c) SERVICE AS COMMISSIONER.—Notwithstanding subsection 
(a), the final clause of the fourth sentence of section 4202 of title 
18, United States Code, which begins "except that", shall not apply 
to a person serving as a Commissioner of the United States Parole 
Commission when this Act takes effect. 
SEC. 11018. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT 
WITH RESPECT TO INTERNATIONAL MEDICAL GRAD-
UATES. 
(a) 
INCREASE 
IN 
NUMERICAL 
LIMITATION 
ON 
WAIVERS 
REQUESTED BY STATES.—Section 214(1)(1)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1184(1)(1XB)) is amended by striking 
"20;" and inserting "30;". 
(b) EXTENSION OF DEADLINE.—Section 220(c) of the Immigration 
and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 
note) is amended by striking "2002." and inserting "2004.". 
(c) TECHNICAL CORRECTION.—Section 212(e) of the Immigration 
and Nationality Act (8 U.S.C. 1182(e)) is amended by striking 
"214(k):" and inserting "214(1):". 
(d) EFFECTIVE DATE.—The amendments made by this section 8 USC1182 note, 
shall take effect as if this Act were enacted on May 31, 2002. 
SEC. 11019. PRETRIAL DISCLOSURE OF EXPERT TESTIMONY RELATING 
TO DEFENDANT'S MENTAL CONDITION. 
(a) MODIFICATION O F PROPOSED AMENDMENTS.—The proposed 
28 use 2074 
amendments to the Federal Rules of Criminal Procedure that are ^^te-
embraced by an order entered by the Supreme Court of the United 
States on April 29, 2002, shall take effect on December 1, 2002, 
as otherwise provided by law, but with the amendments made 
in subsection (b). 
(b) PRETRIAL DISCLOSURE OF EXPERT TESTIMONY.—Rule 16 of 
the Federal Rules of Criminal Procedure is amended— 
18 USC app. 
(1) in subdivision (a)(1), by amending subparagraph (G) 
to read as follows: 
"(G) EXPERT WITNESSES.—^At the defendant's request, 
the government must give to the defendant a written sum-
mary of any testimony that the government intends to 
use under Rules 702, 703, or 705 of the Federal Rules 
of Evidence during its case-in-chief at trial. If the govern-
ment requests discovery under subdivision (b)(l)(C)(ii) and 
the defendant complies, the government must, at the 
defendant's request, give to the defendant a written sum-
mary of testimony that the government intends to use 
under Rules 702, 703, or 705 of the Federal Rules of Evi-
dence as evidence at trial on the issue of the defendant's 
mental condition. The summary provided under this 
subparagraph must describe the witness's opinions, the 
bases and reasons for those opinions, and the witness's 
;: 
qualifications."; and 
(2) in subdivision (b)(1), by amending subparagraph (C) 
to read as follows: 
"(C) EXPERT WITNESSES.—^The defendant must, at the 
government's request, give to the government a written 
summary of any testimony that the defendant intends to 
116 STAT. 1826 
PUBLIC LAW 107-273—NOV. 2, 2002 
use under Rules 702, 703, or 705 of the Federal Rules 
of Evidence as evidence at trial, if— 
"(i) the defendant requests disclosure under sub-
division (a)(1)(G) and the government complies; or 
"(ii) the defendant has given notice under Rule 
12.2(b) of an intent to present expert testimony on 
the defendant's mental condition. 
This summary must describe the witness's opinions, the 
bases and reasons for those opinions, and the witness's 
qualifications". 
isusCapp. 
(c) EFFECTIVE DATE.—The amendments made by subsection 
(b) shall take effect on December 1, 2002. 
Multiparty, 
SEC. 11020. MULTIPARTY, MULTIFORUM TRIAL JURISDICTION ACT OF 
Multiforum Trial 
2002. 
Jurisdiction Act 
of 2002. 
(a) SHORT TITLE.—This section may be cited as the "Multiparty, 
28 use 1 note. 
Multiforum Trial Jurisdiction Act of 2002". 
(b) 
MULTIPARTY, MULTIFORUM JURISDICTION OF DISTRICT 
COURTS.— 
(1) B A S I S OF JURISDICTION.— 
(A) IN GENERAL.—Chapter 85 of title 28, United States 
Code, is amended by adding at the end the following new 
section: 
^§ 1369. Multiparty, multiforum jurisdiction 
"(a) IN GENERAL.—The district courts shall have original juris-
diction of any civil action involving minimal diversity between 
adverse parties that arises from a single accident, where at least 
75 natural persons have died in the accident at a discrete location, 
if— 
"(1) a defendant resides in a State and a substantial part 
of the accident took place in another State or other location, 
regardless of whether that defendant is also a resident of the 
State where a substantial part of the accident took place; 
"(2) any two defendants reside in different States, regard-
less of whether such defendants are also residents of the same 
State or States; or 
"(3) substantial parts of the accident took place in different 
States. 
"(b) LIMITATION OF JURISDICTION OF DISTRICT COURTS.—^The 
district court shall abstain from hearing any civil action described 
in subsection (a) in which— 
"(1) the substantial majority of all plaintiffs are citizens 
of a single State of which the primary defendants are also 
citizens; and 
"(2) the claims asserted will be governed primarily by the 
laws of that State. 
"(c) SPECIAL RULES AND DEFINITIONS.—For purposes of this 
section— 
"(1) minimal diversity exists between adverse parties if 
any party is a citizen of a State and any adverse party is 
a citizen of another State, a citizen or subject of a foreign 
state, or a foreign state as defined in section 1603(a) of this 
title; 
"(2) a corporation is deemed to be a citizen of any State, 
and a citizen or subject of any foreign state, in which it is 
incorporated or has its principal place of business, and is 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1827 
deemed to be a resident of any State in which it is incorporated 
or licensed to do business or is doing business; 
"(3) the term 'injury' means— 
"(A) physical harm to a natural person; and 
"(B) physical damage to or destruction of tangible prop-
erty, but only if physical harm described in subparagraph 
(A) exists; 
"(4) the term 'accident' means a sudden accident, or a 
natural event culminating in an accident, that results in death 
incurred at a discrete location by at least 75 natural persons; 
and 
"(5) the term 'State' includes the District of Columbia, 
the Commonwealth of Puerto Rico, and any territory or posses-
sion of the United States. 
"(d) INTERVENING PARTIES.—In any action in a district court 
which is or could have been brought, in whole or in part, under 
this section, any person with a claim arising from the accident 
described in subsection (a) shall be permitted to intervene as a 
party plaintiff in the action, even if that person could not have 
brought an action in a district court as an original matter. 
"(e) 
NOTIFICATION OF JUDICIAL PANEL ON MULTIDISTRICT 
LITIGATION.—^A district court in which an action under this section 
is pending shall promptly notify the judicial panel on multidistrict 
litigation of the pendency of the action.". 
(B) CONFORMING AMENDMENT.—The table of sections 
at the beginning of chapter 85 of title 28, United States 
Code, is amended by adding at the end the following new 
item: 
"1369. Multiparty, multiforum jurisdiction.". 
(2) VENUE.—Section 1391 of title 28, United States Code, 
is amended by adding at the end the following: 
"(g) A civil action in which jurisdiction of the district court 
is based upon section 1369 of this title may be brought in any 
district in which any defendant resides or in which a substantial 
part of the accident giving rise to the action took place.". 
(3) REMOVAL OF ACTIONS.—Section 1441 of title 28, United 
States Code, is amended— 
(A) in subsection (e) by striking "(e) The court to which 
such civil action is removed" and inserting "(f) The court 
to which a civil action is removed under this section"; 
and 
(B) by inserting after subsection (d) the following new 
subsection: 
"(e)(1) Notwithstanding the provisions of subsection (b) of this 
section, a defendant in a civil action in a State court may remove 
the action to the district court of the United States for the district 
and division embracing the place where the action is pending if— 
"(A) the action could have been brought in a United States 
district court under section 1369 of this title; or 
"(B) the defendant is a party to an action which is or 
could have been brought, in whole or in part, under section 
1369 in a United States district court and arises from the 
same accident as the action in State court, even if the action 
to be removed could not have been brought in a district court 
as an original matter. 
116 STAT. 1828 
PUBLIC LAW 107-273—NOV. 2, 2002 
The removal of an action under this subsection shall be made 
in accordance with section 1446 of this title, except that a notice 
of removal may also be filed before trial of the action in State 
court within 30 days after the date on which the defendant first 
becomes a party to an action under section 1369 in a United 
States district court that arises from the same accident as the 
action in State court, or at a later time with leave of the district 
court. 
"(2) Whenever an action is removed under this subsection and 
the district court to which it is removed or transferred under 
section 140 7(j) has made a liability determination requiring further 
proceedings as to damages, the district court shall remand the 
action to the State court from which it had been removed for 
the determination of damages, unless the court finds that, for 
the convenience of parties and witnesses and in the interest of 
justice, the action should be retained for the determination of dam-
ages. 
"(3) Any remand under paragraph (2) shall not be effective 
until 60 days after the district court has issued an order deter-
mining liability and has certified its intention to remand the 
removed action for the determination of damages. An appeal with 
respect to the liability determination of the district court may 
be taken during that 60-day period to the court of appeals with 
appellate jurisdiction over the district court. In the event a party 
files such an appeal, the remand shall not be effective until the 
appeal has been finally disposed of. Once the remand has become 
effective, the liability determination shall not be subject to further 
review by appeal or otherwise. 
"(4) Any decision under this subsection concerning remand 
for the determination of damages shall not be reviewable by appeal 
or otherwise. 
"(5) An action removed under this subsection shall be deemed 
to be an action under section 1369 and an action in which jurisdic-
tion is based on section 1369 of this title for purposes of this 
section and sections 1407, 1697, and 1785 of this title. 
"(6) Nothing in this subsection shall restrict the authority of 
the district court to transfer or dismiss an action on the ground 
of inconvenient forum.". 
(4) SERVICE OF PROCESS.— 
(A) OTHER THAN SUBPOENAS.—(i) Chapter 113 of title 
28, United States Code, is amended by adding at the end 
the following new section: 
"§ 1697. Service in multiparty, multiforum actions 
"When the jurisdiction of the district court is based in whole 
or in part upon section 1369 of this title, process, other than 
subpoenas, may be served at any place within the United States, 
or anywhere outside the United States if otherwise permitted by 
law.". 
(ii) The table of sections at the beginning of chapter 
113 of title 28, United States Code, is amended by adding 
at the end the following new item: 
"1697. Service in multiparty, multiforum actions.". 
(B) SERVICE OF SUBPOENAS.—(i) Chapter 117 of title 
28, United States Code, is amended by adding at the end 
the following new section: 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1829 
"§ 1785. Subpoenas in multiparty, multiforum actions 
"When the jurisdiction of the district court is based in whole 
or in part upon section 1369 of this title, a subpoena for attendance 
at a hearing or trial may, if authorized by the court upon motion 
for good cause shown, and upon such terms and conditions as 
the court may impose, be served at any place within the United 
States, or anywhere outside the United States if otherwise per-
mitted by law.". 
(ii) The table of sections at the beginning of chapter 
117 of title 28, United States Code, is amended by adding 
at the end the following new item: 
"1785. Subpoenas in multiparty, multiforum actions.". 
(c) EFFECTIVE DATE.—The amendments made by subsection 
28 use 1369 
(b) shall apply to a civil action if the accident giving rise to the »ote. 
cause of action occurred on or after the 90th day after the date 
of the enactment of this Act. 
SEC. 
11021. ADDITIONAL PLACE OF HOLDING COURT IN THE 
SOUTHERN DISTRICT OF OHIO. 
Section 115(b)(2) of title 28, United States Code, is amended 
by inserting "St. Clairsville," after "Columbus,". 
SEC. 11022. DIRECT SHIPMENT OF WINE. 
27 USC 124. 
(a) CONDITIONS FOR TRANSPORTING CERTAIN WINE.—During 
any period in which the Federal Aviation Administration has in 
effect restrictions on airline passengers to ensure safety, the direct 
shipment of wine shall be permitted from States where wine is 
purchased from a winery, to another State or the District of 
Columbia, if— 
(1) the wine was purchased while the purchaser was phys-
ically present at the winery; 
(2) the purchaser of the wine provided the winery 
verification of legal age to purchase alcohol; 
(3) the shipping container in which the wine is shipped 
is marked to require an adult's signature upon delivery; 
(4) the wine is for personal use only and not for resale; 
and 
(5) the purchaser could have carried the wine lawfully 
into the State or the District of Columbia to which the wine 
is shipped. 
(b) VIOLATIONS.—If any person fails to meet any of the condi-
tions under subsection (a), the attorney general of any State may 
bring a civil action under the same terms as those set out in 
section 2 of the Act entitled "An Act divesting intoxicating liquors 
of their interstate character in certain cases", approved March 
1, 1913 (commonly known as the "Webb-Kenyon Act") (27 U.S.C. 
122a). 
(c) REPORT.—Not later than 2 years after the date of enactment Deadline, 
of this Act, and at 2-year intervals thereafter, the Attorney General 
of the United States, in consultation with the Administrator of 
the Federal Aviation Administration, shall prepare and submit 
to the Committee on the Judiciary of the Senate and to the Com-
mittee on the Judiciary of the House of Representatives a report 
on the implementation of this section. 
116 STAT. 1830 
PUBLIC LAW 107-273—NOV. 2, 2002 
28 u s e 532 note. 
SEC. 11023. WEBSTER COMMISSION IMPLEMENTATION REPORT. 
Deadline. 
(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 A N D 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. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1831 
"(2) DUTIES.—The FBI police shall perform such duties 
as the Director may prescribe in connection with the protection 
of persons and property within FBI buildings and grounds. 
"(3) UNIFORMED REPRESENTATIVE.—The Director, or 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 Deadline, 
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 
116 STAT. 1832 
PUBLIC LAW 107-273—NOV. 2, 2002 
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; 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1833 
(3) how critical information systems can employ a public 
key infrastructure to validate both users and recipients of 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 Deadline, 
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; 
116 STAT. 1834 
PUBLIC LAW 107-273—NOV. 2, 2002 
(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. 
Crime-Free Rural 
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 
States Act of 
2002. 
42 u s e 3711 
note. 
42 u s e 3797y. 
"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. 
42 u s e 3797y-l. 
"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. 
42 u s e 3797y-2. 
"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. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1835 
"(d) CONSULTATION.—The rural State shall form a State crime 
free communities commission that includes representatives of State 
and local government, and community leaders who will provide 
advice and recommendations on relevant community goals and 
objectives, and performance targets and measures. 
"SEC. 2988. REQUIREMENTS. 
42 USC 3797y-3. 
"(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. 
42 USC 3797y^. 
"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- 
15 USC 1226. 
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. 
116 STAT. 1836 
PUBLIC LAW 107-273—NOV. 2, 2002 
(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. 
28 u s e 95 note. 
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). 
Posthumous 
SEC. 11030. POSTHUMOUS CITIZENSHIP RESTORATION. 
Restoration Act 
(^) SHORT TITLE.—This section may be cited as the "Post-
of 2002. 
humous Citizenship Restoration Act of 2002". 
8 use 1101 note. 
(b) 
DEADLINE 
EXTENSION.—Section 
329A(c)(l)(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-IB 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. 110l(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-IB 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: 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1837 
"(b) EXTENSION OF H-IB 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 COP«)ITIONAL BASIS OF PERMANENT RESI- 
8USC 1186b 
DENT STATUS FOR CERTAIN ALIEN ENTREPRENEURS, 
note. 
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— 
116 STAT. 1838 
PUBLIC LAW 107-273—NOV. 2, 2002 
(A) filed, under section 204(a)(1)(H) of the Immigration 
and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any 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)(l)(A) of such Act (8 U.S.C. 1186b(c)(l)(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)(l) of the Immigration and Nation-
ality Act (8 U.S.C. 1186b(d)(l)) 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). 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1839 
(c) DETERMINATIONS ON PETITIONS.— 
(1) INITIAL DETERMINATION.— 
(A) IN GENERAL.—^With respect to each eligible alien Deadline, 
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)(l) of the 
Immigration and Nationality Act (8 U.S.C. 1186b(d)(l)) 
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)(l)(B) of the Immigration and Nationality Act 
(8U.S.C. 1186b(d)(l)(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 
• 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 (u) and 
(iii) of subparagraph (A), and if the Attorney General ren-
ders a negative determination with respect to clause (i) 
'^ 
116 STAT. 1840 
PUBLIC LAW 107-273—NOV. 2, 2002 
of such subparagraph, the Attorney General shall so notify 
the alien involved and shall remove the conditional basis 
of the alien's status (and that of the alien's spouse and 
children if it was obtained under section 216A of the 
Immigration and Nationality Act (8 U.S.C. 1186b)) effective 
as of the second anniversary of the alien's lawful admission 
for permanent residence. 
(F) REQUIREMENTS RELATING TO ADVERSE DETERMINA-
TIONS.— 
(i) NOTICE.—If the Attorney General renders an 
adverse determination with respect to clause (i), (ii), 
or (iii) of subparagraph (A), the Attorney General shall 
so notify the alien involved. The notice shall be in 
writing and shall state the factual basis for any adverse 
determination. The Attorney General shall provide the 
alien with an opportunity to submit evidence to rebut 
any adverse determination. If the Attorney General 
reverses all adverse determinations pursuant to such 
rebuttal, the Attorney General shall so notify the alien 
involved and shall remove the conditional basis of the 
alien's status (and that of the alien's spouse and 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 Nationalitv 
Act (8 U.S.C. 1186b)). 
(iv) 
ADMINISTRATIVE AND JUDICIAL REVIEW.—An 
alien may seek administrative review of an adverse 
determmation made under subparagraph (A) by filing 
a petition for such review with the Board of Immiera-
tion Appeals. If the Board of Immigration Appeals 
shall be t h e T m e l s - ' s l ' ^ T ^ ' " J'^^W t^^^ <=lau=e 
of a final ordfr of remOTafunrf? ^"^ ^i^.^"^ 
review 
of the Immigration S T d N a t ^ n , , ^ ' ^ " / " ' " 242(aXl) 
NationaJj-ty Act W 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1841 
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(8U.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 (l)(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 (l)(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)(l) of the Immigration and Nationality Act (8 U.S.C. 
1186b(d)(l)) 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 (l)(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.— 
116 STAT. 1842 
PUBLIC LAW 107-273—NOV. 2, 2002 
(i) IN GENERAL.—In the case of an alien with 
permanent resident status on a conditional basis under 
paragraph (l)(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 (l)(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 
(l)(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 
(l)(A)(ii); and 
(III) if the Attorney General determined under 
paragraph (l)(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)(l)(B) of the Immigration and Nationality Act 
(8 U.S.C. 1186b(d)(l)(B)), except that— 
(I) this clause shall apply only if the Attorney 
General made an adverse determination with 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1843 
respect to the eligible alien under paragraph 
(l)(A)(iii); and 
(II) if the Attorney General determined under 
paragraph (l)(A)(iii) that any capital amount was 
invested that could be credited towards compliance 
with the capital investment requirement described 
in section 216A(d)(l)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1186b(d)(l)(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 (l)(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 (l)(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 (l)(F)(iii) 
116 STAT. 1844 
PUBLIC LAW 107-273—NOV. 2, 2002 
8 u s e 1186b 
note. 
or (2)(G)(ii) of subsection (c) may request a review of such deter-
mination in a proceeding to remove the aHen. 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— 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1845 
(i) failed to satisfy section 203(b)(5)(A)(ii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)(A)(ii)); or 
(ii) departed the United States without advance 
parole. 
(B) APPLICANTS ABROAD.—In the case of an eligible 
alien who filed an application for adjustment of status 
described in subsection (b)(2), biit 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)(l) of the Immigration and Nationality Act 
(8 U.S.C. 1186b(c)(l)), 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)(l) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186b(dXl)) 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 DeadUne. 
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 
116 STAT. 1846 
PUBLIC LAW 107-273—NOV. 2, 2002 
8 u s e 1186b 
note. 
Deadline. 
8 u s e 1186b 
note. 
described in section 216A(d)(l)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1186b(d)(l)(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)(l)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1186b(c)(l)(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 emplojnment 
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". 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1847 
(b) CONDITIONAL PERMANENT RESIDENT STATUS FOR ALIEN 
ENTREPRENEURS, SPOUSES, AND CHILDREN.—Section 216A of the 
Immigration and Nationality Act (8 U.S.C. 1186b) is amended— 
(1) in subsection (b)(1)— 
(A) in subparagraph (A) by striking "estabUshment 
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 8 use 1153 note, 
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)(l)(A) of such Act (8 
U.S.C. 1186b(c)(l)(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 
116 STAT. 1848 
PUBLIC LAW 107-273—NOV. 2, 2002 
of such capital investments, and the other positive economic effects 
such capital investments will have.". 
8 use 1153 note. 
(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)(l)(A) of such Act 
(8 U.S.C. 1186b(c)(l)(A)) to remove the conditional basis 
of an alien's permanent resident status. 
Judicial 
Subtitle C—Judicial Improvements Act of 
Improvements 
ckixrtn 
Act of 2002. 
ZOOZ 
28 u s e 1 note. 
SEC. 11041. SHORT TITLE. 
This subtitle may be cited as the "Judicial Improvements Act 
of 2002". 
SEC. 11042. JXJDICIAL 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, Covut 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. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1849 
"(b) IDENTIFYING COMPLAINT BY CHIEF JUDGE.—In the interests 
of the effective and expeditious administration of the business of 
the courts and on the basis of information available to the chief 
judge of the circuit, the chief judge may, by written order stating 
reasons therefor, identify a complaint for purposes of this chapter 
and thereby dispense with filing of a written complaint. 
"(c) TRANSMITTAL OF COMPLAINT.—Upon receipt of a complaint 
filed under subsection (a), the clerk shall promptly transmit the 
complaint to the chief judge of the circuit, or, if the conduct 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 
99-194O-03-9:QL3Part3 
116 STAT. 1850 
PUBLIC LAW 107-273—NOV. 2, 2002 
"(B) when a limited inquiry conducted under subsection 
(a) demonstrates that the allegations in the complaint lack 
any factual foundation or are conclusively refuted by 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. 
Reports. 
"(c) INVESTIGATION BY SPECIAL COMMITTEE.—Each c o m m i t t e e 
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; 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1851 
"(B) may dismiss the complaint; and 
"(C) if the complaint is not dismissed, shall take such 
action as is appropriate to assure the effective and 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 HI 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 JUDICL\L 
COUNCIL 
REGARDING 
REMOVALS.— 
"(A) ARTICLE HI 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 
116 STAT. 1852 
PUBLIC LAW 107-273—NOV. 2, 2002 
appointed to hold office during good behavior may have engaged 
in conduct— 
"(A) which might constitute one or more grounds for 
impeachment under article II of the Constitution, or 
"(B) which, in the interest of justice, is not amenable 
to resolution by the judicial council, 
the judicial council shall promptly certify such determination, 
together with any complaint and a record of any associated 
proceedings, to the Judicial Conference of the United States. 
"(3) 
NOTICE TO COMPLAINANT AND JUDGE.—A judicial 
council acting under authority of this subsection shall, unless 
contrary to the interests of justice, immediately submit written 
notice to the complainant and to the judge whose conduct 
is the subject of the action taken under this subsection. 
"§ 355. Action by Judicial Conference 
"(a) IN GENERAL.—Upon referral or certification of any matter 
under section 354(b), the Judicial Conference, after consideration 
of the prior proceedings and such additional investigation as it 
considers appropriate, shall by majority vote take such action, as 
described in section 354(a)(1)(C) and (2), as it considers appropriate. 
"(b) IF IMPEACHMENT WARRANTED.— 
"(1) IN GENERAL.—If the Judicial Conference concurs in 
the determination of the judicial council, or makes its own 
determination, that consideration of impeachment may be 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. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1853 
"§ 357. Review of orders and actions 
"(a) REVIEW OF ACTION OF JUDICIAL COUNCIL.—A complainant 
or judge aggrieved by an action of the judicial council under section 
354 may petition the Judicial Conference of the United States 
for review thereof. 
"(b) ACTION OF JUDICIAL CONFERENCE.—The Judicial 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 Notice. 
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. 
116 STAT. 1854 
PUBLIC LAW 107-273—NOV. 2, 2002 
'*§ 360. Disclosure of information 
"(a) CONFIDENTIALITY OF PROCEEDINGS.—Except as provided 
in section 355, all papers, documents, and records of proceedings 
related to investigations conducted under this chapter shall be 
confidential and shall not be disclosed by any person in any 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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1855 
court shall have the powers granted to a judicial council under 
this chapter. 
"§ 364. Effect of felony conviction 
"In the case of any judge or judge of a court referred to in 
section 363 who is convicted of a felony under State or Federal 
law and has exhausted all means of obtaining direct review of 
the conviction, or the time for seeking further direct review of 
the conviction has passed and no such review has been sought, 
the following shall apply: 
"(1) The judge shall not hear or decide cases unless the 
judicial council of the circuit (or, in the case of a judge of 
a court referred to in section 363, that court) determines 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)(ll)" and 
inserting "358"; and 
(B) in subparagraph (C), by striking "372(c)(15)" and 
inserting "360(b)"; and 
116 STAT. 1856 
PUBLIC LAW 107-273—NOV. 2, 2002 
(2) in subsection (h)— 
(A) in paragraph (1), by striking "section 372" each 
place it appears and inserting "chapter 16"; and 
(B) in paragraph (2), by striking "section 372(c)" and 
inserting "chapter 16". 
(f) COURT OF APPEALS FOR VETERANS CLAIMS.—Section 7253(g) 
of title 38, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking "section 372(c)" and inserting "chapter 
16"; and 
(B) by striking "such section" and inserting "such 
chapter"; 
(2) in paragraph (2)— 
(A) in the first sentence, by striking "paragraphs (7) 
through (15) of section 372(c)" and inserting "sections 
354(b) through 360"; and 
(B) in the second sentence, by striking "paragraph 
(7) or (8) of section 372(c)" and inserting "section 354(b) 
or 355"; and 
(3) in paragraph (3)(B), by striking "372(c)(16)" and 
inserting "361". 
28 u s e 351 note. 
SEC. 11044. SEVERABILITY. 
Antitrust 
Modernization 
Commission Act 
of 2002. 
15 u s e 1 note. 
President. 
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. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1857 
The President shall appoint members of the opposing party 
only on the recommendation of the leaders of Congress from 
that party. 
(2) Two members shall be appointed by the majority leader 
of the Senate. 
(3) Two members shall be appointed by the minority leader 
of the Senate. 
(4) Two members shall be appointed by the Speaker of 
the House of Representatives. 
(5) Two members shall be appointed by the minority leader 
of the House of Representatives. 
(b) INELIGIBILITY FOR APPOINTMENT.—Members of Congress 
shall be ineligible for appointment to the Commission. 
(c) TERM OF APPOINTMENT.— 
(1) IN GENERAL.—Subject to paragraph (2), members of 
the Commission shall be appointed for the life of the 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 President, 
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 
116 STAT. 1858 
PUBLIC LAW 107-273—NOV. 2, 2002 
shall be entitled to receive the daily equivalent of the annual 
rate of basic pay payable for level IV of the Executive Schedule 
under section 5315 of title 5 United States Code, as in effect 
from time to time, for each day (including travel time) during 
which such member is engaged in the actual performance of 
duties of the Commission. 
(2) GOVERNMENT EMPLOYEES.—^A member of the 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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1859 
basis, to assist the Commission in carrying out its duties under 
this subtitle. 
(d) EXPENDITURES AND CONTRACTS.—The Commission or, on 
authorization of the Commission, a member of the Commission 
may make expenditures and enter into contracts for the procure-
ment of such supplies, services, and property as the Commission 
or such member considers to he 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-nJUVENILE JUSTICE 
Deadline. 
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: 
Consequences for 
Juvenile 
Offenders Act of 
2002. 
42 u s e 3711 
note. 
116 STAT. 1860 
PUBLIC LAW 107-273—NOV. 2, 2002 
"PART R-JTJVENILE ACCOUNTABILITY BLOCK 
GRANTS 
42 u s e 3796ee. 
"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; 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1861 
"(13) establishing and maintaining accountability-based 
programs that are designed to enhance school safety; 
"(14) establishing and maintaining restorative justice 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.— 
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116 STAT. 1862 
PUBLIC LAW 107-273—NOV. 2, 2002 
"(1) SUBGRANT ELIGIBILITY.—To be eligible to receive a 
subgrant, a unit of local government, other than a specially 
qualified unit, shall provide to the State— 
"(A) information about— 
"(i) the activities proposed to be carried out with 
such subgrant; and 
"(ii) the criteria by which the unit proposes to 
assess the effectiveness of such activities on achieving 
the purposes of this part; and 
"(B) such assurances as the State shall require, that, 
to the maximum extent applicable, the unit of local 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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1863 
explains why such court did not implement graduated 
sanctions; and 
"(ii) which has implemented a system of graduated 
sanctions but has not imposed graduated sanctions 
in all cases, to submit an annual report that explains 
why such court did not impose graduated sanctions 
in all cases. 
"(B) UNITS OF LOCAL GOVERNMENT.—Each unit of local 
government, other than a specially qualified unit, that 
has 1 or more juvenile courts that use a discretionary 
system of graduated sanctions shall collect the information 
reported under subparagraph (A) for submission to the 
State each year. 
"(C) STATES.—Each State and specially qualified unit 
that has 1 or more juvenile courts that use a discretionary 
system of graduated sanctions shall collect the information 
reported under subparagraph (A) for submission to the 
Attorney General each year. A State shall also collect and 
submit to the Attorney General the information collected 
under subparagraph (B). 
"(f) DEFINITIONS.—In this section: 
"(1) DISCRETIONARY.—The term 'discretionary' means that 
a system of graduated sanctions is not required to be imposed 
by each and every juvenile court in a State or unit of local 
government. 
"(2) SANCTIONS.—The term 'sanctions' means tangible, 
proportional consequences that hold the juvenile offender 
accountable for the offense committed. A sanction may include 
counseling, restitution, community service, a fine, supervised 
probation, or confinement. 
"SEC. 1803. ALLOCATION AND DISTRffiUTION OF FUNDS. 
42USC 
"(a) STATE ALLOCATION.— 
e- . 
"(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. 
116 STAT. 1864 
PUBLIC LAW 107-273—NOV. 2, 2002 
"(2) WAIVER.—If a State submits to the Attorney General 
an application for waiver that demonstrates and certifies to 
the Attorney General that— 
"(A) the State's juvenile justice expenditures in the 
fiscal year preceding the date in which an application is 
submitted under this part (the 'State percentage') is more 
than 25 percent of the aggregate amount of juvenile justice 
expenditures by the State and its eligible units of local 
government; and 
"(B) the State has consulted with as many units of 
local government in such State, or organizations 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 o
f
— 
"(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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1865 
shall be expended by the State on services to units of local govern-
ment whose allotment is less than such amount in a m£inner 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 avEiilable 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 sheriffs 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 o
f
— 
"(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 
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116 STAT. 1866 
PUBLIC LAW 107-273—NOV. 2, 2002 
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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 pohcies 
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 pajonent 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 pa5anents received under this part; 
"(2) use amounts in the trust fund (including interest) 
during the period specified in section 1805(bXl) 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. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1867 
"SEC. 1808. ASSESSMENT REPORTS. 
"(a) REPORTS TO ATTORNEY GENERAL.— 
"(1) IN GENERAL.—Except as provided in paragraph (4), 
for each fiscal year for which a grant or subgrant is awarded 
under this part, each State or specially qualified unit of local 
government that receives such a grant shall submit to the 
Attorney General a grant report, and each unit of local 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; 
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116 STAT. 1868 
PUBLIC LAW 107-273—NOV. 2, 2002 
"(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 i 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. 
42 use 
"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; 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1869 
"(B) not more than 2 percent of that amount, for 
training and technical assistance; and 
"(C) not more than 1 percent, for administrative costs 
to carry out the purposes of this part. 
"(2) OVERSIGHT PLAN.—The Attorney General shall 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 V
2 of juvenile murder victims are killed 
with firearms. Of the nearly 1,800 murder victims less than 
18 years of age, 17 percent of the victims less than 13 years 
of age were murdered with a firearm, and 81 percent of the 
victims 13 years of age or older were killed with a firearm. 
42 u s e 3796ee 
note. 
Juvenile Justice 
and Delinquency 
Prevention Act of 
2002. 
42 u s e 5601 
note. 
116 STAT. 1870 
PUBLIC LAW 107-273—NOV. 2, 2002 
"(5) Juveniles accounted for 13 percent of all drug abuse 
violation arrests in 1999. Between 1990 and 1999, juvenile 
arrests for drug abuse violations rose 132 percent. 
"(6) Over the last 3 decades, youth gang problems have 
increased nationwide. In the 1970's, 19 States reported youth 
gang problems. By the late 1990's, all 50 States and the District 
of Columbia reported gang problems. For the same period, 
the number of cities reporting youth gang problems grew 843 
percent, and the number of counties reporting gang problems 
increased more than 1,000 percent. 
"(7) According to a national crime survey of individuals 
12 years of age or older during 1999, those 12 to 19 years 
old are victims of violent crime at higher rates than individuals 
in all other age groups. Only 30.8 percent of these violent 
victimizations were reported by youth to police in 1999. 
"(8) One-fifth of juveniles 16 years of age who had been 
arrested were first arrested before attaining 12 years of age. 
Juveniles who are known to the juvenile justice system before 
attaining 13 years of age are responsible for a disproportionate 
share of serious crimes and violence. 
"(9) The increase in the arrest rates for girls and young 
juvenile offenders has changed the composition of violent 
offenders entering the juvenile justice system. 
"(10) These problems should be addressed through a 2-
track common sense approach that addresses the needs of 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.". 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1871 
SEC. 12203. PURPOSE. 
Section 102 of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5602) is amended to read as follows: 
"PURPOSES 
"SEC. 102. The purposes of this title and title II are— 
"(1) to support State and local programs that prevent 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)(l)(i) of title 
116 STAT. 1872 
PUBLIC LAW 107-273—NOV. 2, 2002 
28, Code of Federal Regulations, as in effect on December 
10, 1996; 
"(26) the term 'adult inmate' means an individual who— 
"(A) has reached the age of full criminal 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: 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1873 
"(4) An evaluation of the programs funded under this title 
and their effectiveness in reducing the incidence of juvenile 
delinquency, particularly violent crime, committed by 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 Isl3.nQS " 
(V) by strildng "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" Eind inserting "allocate", and 
(ii) by striking "1992" each place it appears and 
inserting "2000", and 
(2) in subsection (b) by striking "the Trust Territory of 
the Pacific Islands,". 
SEC. 12209. STATE PLANS. 
Section 223 of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5633) is amended— 
(1) in subsection (a)— 
(A) in the 2d sentence by striking "and challenge" 
and all that follows through "part E", and inserting ", 
projects, and activities", 
(B) in paragraph (3)— 
(i) by striking ", which—" and inserting "that— 
(ii) in subparagraph (A)(i) by striking "or the 
administration of juvenile justice" and inserting ", the 
administration of juvenile justice, or the reduction of 
juvenile delinquency", and 
(iii) in subparagraph (D)— 
(I) in clause (i) by inserting "and" at the end, 
and 
116 STAT. 1874 
PUBLIC LAW 107-273—NOV. 2, 2002 
(II) in clause (ii) by striking "paragraphs" and 
all that follows through "part E", and inserting 
"paragraphs (11), (12), and (13)", 
(C) in paragraph {b)— 
(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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1875 
to their families, in order to reduce the likehhood 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;". 
116 STAT. 1876 
PUBLIC LAW 107-273—NOV. 2, 2002 
(xii) in subparagraph (O)— 
(I) in striking "cultural" and inserting "other", 
and 
(II) by striking the period at the end and 
inserting a semicolon, 
(xiii) by redesignating subparagraphs (L), (M), (N), 
and (O) as subparagraphs (K), (L), (M), and (N), 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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1877 
"(B) there is in effect in the State a poHcy 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)", 
116 STAT. 1878 
PUBLIC LAW 107-273—NOV. 2, 2002 
Deadline. 
Deadline. 
(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— 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1879 
"(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 
116 STAT. 1880 
PUBLIC LAW 107-273—NOV. 2, 2002 
"(ii) has made, through appropriate executive or 
legislative action, an unequivocal commitment to 
achieving full compliance with such applicable 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— 
42 use 5651 
(1) by striking parts C, D, E, F, G, and H, 
f/T%r ^fifi7a 
^2^ ^y striking the 1st part I, 
5667g-5 
^^^^y 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 
42 u s e 5651. 
"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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1881 
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 loced 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-
99-194 O - 03 -10 : QL 3 Part 3 
116 STAT. 1882 
PUBLIC LAW 107-273—NOV. 2, 2002 
speaking proficiency, their parents, their siblings, and other 
family members during and after incarceration of the juvenile 
offenders, in order to strengthen families, to allow juvenile 
offenders to be retained in their homes, and to prevent the 
involvement of other juvenile family members in delinquent 
activities; 
"(6) projects 
designed to provide for the 
treatment 
(including mental health services) of juveniles for dependence 
on or abuse of alcohol, drugs, or other harmful substances; 
"(7) projects which leverage funds to provide scholarships 
for postsecondary education and training for low-income 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; 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1883 
"(15) programs that focus on the needs of young girls at-
risk of dehnquency or status offenses; 
"(16) projects which provide for— 
"(A) an assessment by a quahfied 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 
116 STAT. 1884 
PUBLIC LAW 107-273—NOV. 2, 2002 
under section 242(b), to carry out projects of the kinds described 
in subsection (a). 
42 use 5652. 
"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. 
42 use 5653. 
"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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1885 
to such application submitted in subsequent fiscal years, that 
satisfy the requirements of subsection (a). 
"(2) LIMITATION.—The Administrator may not approve such 
application (including amendments to such application) for a 
fiscal year unless— 
"(A)(i) the State submitted a plan under section 223 
for such fiscal year; and 
"(ii) such plan is approved by the Administrator for 
such fiscal year; or 
"(B) the Administrator waives the application of 
subparagraph (A) to such State for such fiscal year, after 
finding good cause for such a waiver. 
"SEC. 244. GRANTS FOR LOCAL PROJECTS. 
42 USC 5654. 
"(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. 
42 USC 5655. 
"(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. 
116 STAT. 1886 
PUBLIC LAW 107-273—NOV. 2, 2002 
"(3) A statement identifying the research (if any) such 
entity reUed on in preparing such appHcation. 
"(b) LIMITATION.—If an eUgible 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. 
42 use 5656. 
"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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1887 
"(B) the population and the entities that will be served 
by projects proposed to be carried out with the grant for 
which the application is submitted. 
"(c) GRANT PROCESS.— 
"(1) SELECTION OF GRANT RECIPIENTS.— 
"(A) SELECTION REQUIREMENTS.—Except as provided 
in paragraph (2), the Administrator shall— 
"(i) make grants under this section on a 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 (l)(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)(l)), 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.". 
116 STAT. 1888 
PUBLIC LAW 107-273—NOV. 2, 2002 
SEC. 
12211. 
RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; 
TRAINING. 
Title II of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting 
after part C, as added by section 12510, the following: 
"PART D—RESEARCH; EVALUATION; 
TECHNICAL ASSISTANCE; TRAINING 
42 u s e 5661. 
"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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1889 
"(xi) other purposes consistent with the purposes of 
this title and title L 
"(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 (l)(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 
L 
"(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; 
116 STAT. 1890 
PUBLIC LAW 107-273—NOV. 2, 2002 
"(2) establish and operate, directly or by contract, a 
clearinghouse and information center for the preparation, 
publication, and dissemination of information relating to 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. 
42 use 5662. 
"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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1891 
alleged or adjudicated delinquent and who, as a result of such 
status, are placed in secure detention or confinement or in 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. 
42 USC 5665. 
"(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. 
42 USC 5666. 
"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. 
42 USC 5667. 
"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. 
42 USC 5668. 
"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: 
116 STAT. 1892 
PUBLIC LAW 107-273—NOV. 2, 2002 
"(a) 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
TITLE 
II 
(EXCLUDING PARTS C AND E).—(1) There are authorized to be 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 APPROPRL\TIONS 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 Eifter 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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1893 
"(B) otherwise complies with the Interstate Compact 
on the Placement of Children as entered into by such 
other State.". 
SEC. 12216. LIMITATIONS ON USE OF FUNDS. 
Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated 
by section 12510, is amended adding at the end the following: 
"SEC. 299F. LIMITATIONS ON USE OF FUNDS. 
42USC5677. 
"None of the fiinds 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. 
42 USC 5678. 
"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. 
42 USC 5679. 
"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. 2991. ISSUANCE OF RULES. 
42 USC 5680. 
"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: 
116 STAT. 1894 
PUBLIC LAW 107-273—NOV. 2, 2002 
42 u s e 5681. 
42 u s e 5612. 
42 u s e 5631. 
42 u s e 5675. 
42 u s e 13002. 
42 u s e 13003. 
42 u s e 13013. 
42 u s e 13023. 
Incentive Grants 
for Local 
Delinquency 
Prevention 
Programs Act of 
2002. 
42 u s e 5601 
note. 
42 u s e 5781 
note. 
42 u s e 5782. 
"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 2991) 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 11" and inserting "299B and 299E", 
(B) in section 214A(c)(l) by striking "262, 293, and 296 
of subpart II of title 11" 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; 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1895 
"(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 Deadline, 
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. 
42 USC 5783. 
"(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 IT; 
"(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 
116 STAT. 1896 
PUBLIC LAW 107-273—NOV. 2, 2002 
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. 
42 u s e 5784. 
«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.". 
42 use 5781 
(b) 
EFFECTIVE 
DATE; 
APPLICATION 
OF 
AMENDMENT.—The 
note. 
amendment made by subsection (a) shall take effect on October 
1, 2002, and shall not apply with respect to grants made before 
such date. 
42 u s e 5601 
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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1897 
(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 
116 STAT. 1898 
PUBLIC LAW 107-273—NOV. 2, 2002 
similarly situated adult defendant unless the court 
finds an aggravating factor to warrant an upward 
departure from the otherwise applicable guideline 
range; or"; 
(6) by redesignating subsection (d) as subsection (e); and 
(7) by inserting after subsection (c) the following: 
"(d)(1) The court, in ordering a term of official detention, may 
include the requirement that the juvenile be placed on a term 
of 
juvenile delinquent supervision after official detention. 
"(2) The term of juvenile delinquent supervision that may be 
ordered for a juvenile found to be a juvenile delinquent may not 
extend— 
"(A) in the case of a juvenile who is less than 18 years 
old, a term that extends beyond the date when the juvenile 
becomes 21 years old; or 
"(B) in the case of a juvenile who is between 18 and 
21 years old, a term that extends beyond the maximum term 
of official detention set forth in section 5037(c)(2) (A) and (B), 
less the term of official detention ordered, 
"(3) The provisions dealing with probation set forth in sections 
3563 and 3564 are applicable to an order placing a juvenile on 
juvenile delinquent supervision. 
"(4) The court may modify, reduce, or enlarge the conditions 
of 
juvenile delinquent supervision at any time prior to the expiration 
or termination of the term of supervision after a dispositional 
hearing and after consideration of the provisions of section 3563 
regarding the initial setting of the conditions of probation. 
"(5) If the juvenile violates a condition of juvenile delinquent 
supervision at any time prior to the expiration or termination 
of the term of supervision, the court may, after a dispositional 
hearing and after considering any pertinent policy statements 
promulgated by the Sentencing Commission pursuant to section 
994 of title 18, revoke the term of supervision and order a term 
of official detention. The term of official detention which is 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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1899 
would be convicted of a Class A, B, or C felony, no term of juvenile 
delinquent supervision may continue beyond the juvenile's 26th 
birthday, and in any other case, no term of juvenile delinquent 
supervision may continue beyond the juvenile's 24th birthday.". 
TITLE III—INTELLECTUAL PROPERTY 
Subtitle A—Patent and Trademark Office 
P
a
t
e
n
t a
n
d 
* 
j i 
• 
. . 
Trademark Office 
AUtnOriZatlOn 
Authorization 
Act of 2002. 
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 
35 USC 42 note. 
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 Deadline, 
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 35 USC 2 note. 
TRADEMARK APPLICATIONS. 
(a) ELECTRONIC FILING AND PROCESSING.—The Director shall. Deadline, 
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 
116 STAT. 1900 
PUBLIC LAW 107-273—NOV. 2, 2002 
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. 
Deadline. 
(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 luider 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.". 
35 use 303 note. 
(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 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1901 
"(2) may, subject to subsection (c), be a party to any appeal 
taken by the patent owner under the provisions of section 
134 or sections 141 through 144.". 
(b) 
APPEAL 
TO 
BOARD 
OF 
PATENT 
APPEALS AND 
INTER-
FERENCES.—Section 134(c) of title 35, United States Code, is 
amended by striking the last sentence. 
(c) APPEAL TO COURT OF APPEALS FOR THE FEDERAL CIRCUIT.— 
Section 141 of title 35, United States Code, is amended in the 
third sentence by inserting ", or a third-party requester in an 
inter partes reexamination proceeding, who is" after "patent owner". 
(d) EFFECTIVE DATE.—The amendments made by this section 
apply with respect to any reexamination proceeding commenced 
on or after the date of enactment of this Act. 
Subtitle B—Intellectual Property and High 
Technology Technical Amendments 
SEC. 13201. SHORT TITLE. 
This subtitle may be cited as the "Intellectual Property and 
High Technology Technical Amendments Act of 2002". 
SEC. 13202. CLARIFICATION OF REEXAMINATION PROCEDURE ACT OF 
1999; TECHNICAL AMENDMENTS. 
(a) 
OPTIONAL INTER PARTES REEXAMINATION PROCEDURES.— 
Title 35, United States Code, is amended as follows: 
(1) Section 311 is amended— 
(A) in subsection (a), by striking "person" and inserting 
"third-party requester"; and 
(B) in subsection (c), by striking "Unless the requesting 
person is the owner of the patent, the" and inserting "The". 
(2) Section 312 is amended— 
(A) in subsection (a), by striking the second sentence; 
and 
(B) in subsection (b), by striking ", if any". 
(3) Section 314(b)(1) is amended— 
(A) by striking "(1) This" and all that follows through 
"(2)" and inserting "(1)"; 
(B) by striking "the third-party requester shall receive 
a copy" and inserting "the Office shall send to the third-
party requester a copy"; and 
(C) by redesignating paragraph (3) as paragraph (2). 
(4) Section 315(c) is amended by striking "United States 
Code,". 
(5) Section 317 is amended— 
(A) in subsection (a), by striking "patent owner nor 
the third-party requester, if any, nor privies of either" 
and inserting "third-party requester nor its privies"; and 
(B) in subsection (b), by striking "United States Code,". 
(b) CONFORMING AMENDMENTS.— 
(1) APPEAL TO THE BOARD OF PATENT APPEALS AND INTER-
FERENCES.—Subsections (a), (b), and (c) of section 134 of title 
35, United States Code, are each amended by striking "adminis-
trative patent judge" each place it appears and inserting "pri-
mary examiner". 
(2) PROCEEDING ON APPEAL.—Section 143 of title 35, United 
States Code, is amended by amending the third sentence to 
35 u s e 134 note. 
Intellectual 
Property and 
High Technology 
Technical 
Amendments Act 
of 2002. 
35 u s e 1 note. 
116 STAT. 1902 
PUBLIC LAW 107-273—NOV. 2, 2002 
read as follows: "In an ex parte case or any reexamination 
case, the Director shall submit to the court in writing the 
grounds for the decision of the Patent and Trademark Office, 
addressing all the issues involved in the appeal. The court 
shall, before hearing an appeal, give notice of the time and 
place of the hearing to the Director and the parties in the 
appeal.". 
(c) CLERICAL AMENDMENTS.— 
(1) Section 4604(a) of the Intellectual Property and Commu-
nications Omnibus Reform Act of 1999, as enacted by section 
35 use 311-318. 
1000(a)(9) of Public Law 106-113, is amended by striking "Part 
3" and inserting "Part III". 
(2) Section 4604(b) of that Act is amended by striking 
"title 25" and inserting "title 35". 
Applicability. 
(d) EFFECTIVE DATE.—The amendments made by section 4605 
35 use 134 note, (b), (c), and (e) of the Intellectual Property and Communications 
Omnibus Reform Act, as enacted by section 1000(a)(9) of Public 
Law 106-113, shall apply to any reexamination filed in the United 
States Patent and Trademark Office on or after the date of enact-
ment of Public Law 106-113. 
SEC. 13203. PATENT AND TRADEMARK EFFICIENCY ACT AMENDMENTS. 
(a) DEPUTY COMMISSIONER.— 
(1) Section 17(b) of the Act of July 5, 1946 (commonly 
referred to as the "Trademark Act of 1946") (15 U.S.C. 1067(b)), 
is amended by inserting "the Deputy Commissioner," after 
"Commissioner,". 
(2) Section 6(a) of title 35, United States Code, is amended 
by inserting "the Deputy Commissioner," after "Commissioner,". 
(b) PUBLIC ADVISORY COMMITTEES.—Section 5 of title 35, United 
States Code, is amended— 
(1) in subsection (i), by inserting ", privileged," after "per-
sonnel"; and 
(2) by adding at the end the following new subsection: 
"0) INAPPLICABILITY OF PATENT PROHIBITION.—Section 4 shall 
not apply to voting members of the Advisory Committees.". 
(c) MISCELLANEOUS.—Section 153 of title 35, United States 
Code, is amended by striking "and attested by an officer of the 
Patent and Trademark Office designated by the Director,". 
SEC. 13204. DOMESTIC PUBLICATION OF FOREIGN FILED PATENT 
APPLICATIONS ACT OF 1999 AMENDMENTS. 
Section 154(d)(4)(A) of title 35, United States Code, as in effect 
on November 29, 2000, is amended— 
(1) by striking "on which the Patent and Trademark Office 
receives a copy of the" and inserting "of; and 
(2) by striking "international application" the last place 
it appears and inserting "publication". 
SEC. 13205. DOMESTIC PUBLICATION OF PATENT APPLICATIONS PUB-
LISHED ABROAD. 
Subtitle E of title IV of the Intellectual Property and Commu-
nications Omnibus Reform Act of 1999, as enacted by section 
1000(a)(9) of Public Law 106-113, is amended as follows: 
35 use 102. 
(1) Section 4505 is amended to read as follows: 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1903 
"SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS. 
"Section 102(e) of title 35, United States Code, is amended 
to read as follows: 
" '(e) the invention was described in (1) an application for patent, 
published under section 122(b), by another filed in the United 
States before the invention by the applicant for patent or (2) a 
patent granted on an application for patent by another filed in 
the United States before the invention by the applicant for patent, 
except that an international application filed under the treaty 
defined in section 351(a) shall have the effects for the purposes 
of this subsection of an application filed in the United States 
only if the international application designated the United States 
and was published under Article 21(2) of such treaty in the English 
language; or'.". 
(2) Section 4507 is amended— 
(A) in paragraph (1), by striking "Section 11" and 35USC10. 
inserting "Section 10"; 
(B) in paragraph (2), by striking "Section 12" and 35USC11. 
inserting "Section 11". 
(C) in paragraph (3), by striking "Section 13" and 35USC12. 
inserting "Section 12"; 
(D) in paragraph (4), by striking "12 and 13" and 
inserting "11 and 12"; 
(E) in section 374 of title 35, United States Code, 35USC374. 
as amended by paragraph (10), by striking "confer the 
same rights and shall have the same effect under this 
title as an application for patent published" and inserting 
"be deemed a publication"; and 
(F) by adding at the end the following: 
"(12) The item relating to section 374 in the table of con-
tents for chapter 37 of title 35, United States Code, is amended 
to read as follows: 
" '374. Publication of international application.'". 
(3) Section 4508 is amended to read as follows: 
35USCi0note. 
"SEC. 4508. EFFECTIVE DATE. 
"Except as otherwise provided in this section, sections 4502 
through 4504 and 4506 through 4507, and the amendments made 
by such sections, shall be effective as of November 29, 2000, and 
shall apply only to applications (including international applications 
designating the United States) filed on or after that date. The 
amendments made by section 4504 shall additionally apply to any 
pending application filed before November 29, 2000, if such pending 
application is published pursuant to a request of the applicant 
under such procedures as may be established by the Director. 
Except as otherwise provided in this section, the amendments made 
by section 4505 shall be effective as of November 29, 2000 and 
shall apply to all patents and all applications for patents pending 
on or filed after November 29, 2000. Patents resulting from an 
international application filed before November 29, 2000 and 
applications published pursuant to section 122(b) or Article 21(2) 
of the treaty defined in section 351(a) resulting from an inter-
national application filed before November 29, 2000 shall not be 
effective as prior art as of the filing date of the international 
application; however, such patents shall be effective as prior art 
in accordance with section 102(e) in effect on November 28, 2000.". 
116 STAT. 1904 
PUBLIC LAW 107-273—NOV. 2, 2002 
SEC. 13206. MISCELLANEOUS CLERICAL AMENDMENTS. 
(a) AMENDMENTS TO TITLE 35.—The following provisions of 
title 35, United States Code, are amended: 
(1) Section 2(b) is amended in paragraphs (2)(B) and (4)(B), 
by striking ", United States Code". 
(2) Section 3 is amended— 
(A) in subsection (a)(2)(B), by striking "United States 
Code,"; 
(B) in subsection (b)(2)— 
(i) in the first sentence of subparagraph (A), by 
striking ", United States Code"; 
(ii) in the first sentence of subparagraph (B)— 
(I) by striking "United States Code,"; and 
(II) by striking ", United States Code"; 
(iii) in the second sentence of subparagraph (B)— 
(I) by striking "United States Code,"; and 
(II) by striking ", United States Code." and 
inserting a period; 
(iv) in the last sentence of subparagraph (B), by 
striking ", United States Code"; and 
(v) in subparagraph (C), by striking ", United 
States Code"; and 
(C) in subsection (c)— 
(i) in the subsection caption, by striking ", UNITED 
STATES CODE"; and 
(ii) by striking "United States Code,". 
(3) Section 5 is amended in subsections (e) and (g), by 
striking ", United States Code" each place it appears. 
(4) The table of chapters for part I is amended in the 
item relating to chapter 3, by striking "before" and inserting 
"Before". 
(5) The item relating to section 21 in the table of contents 
for chapter 2 is amended to read as follows: 
"21. Filing date and day for taking action.". 
(6) The item relating to chapter 12 in the table of chapters 
for part II is amended to read as follows: 
"12. Examination of Application 
131". 
(7) The item relating to section 116 in the table of contents 
for chapter 11 is amended to read as follows: 
"116. Inventors.". 
(8) Section 154(b)(4) is amended by striking ", United States 
Code,". 
(9) Section 156 is amended— 
(A) in subsection (b)(3)(B), by striking "paragraphs" 
and inserting "paragraph"; 
(B) in subsection (d)(2)(B)(i), by striking "below the 
office" and inserting "below the Office"; and 
(C) in subsection (g)(6)(B)(iii), by striking "submittted" 
and inserting "submitted". 
(10) The item relating to section 183 in the table of contents 
for chapter 17 is amended by striking "of and inserting "to". 
(11) Section 185 is amended by striking the second period 
at the end of the section. 
(12) Section 201(a) is amended— 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1905 
(A) by striking "United States Code,"; and 
(B) by striking "5, United States Code." and inserting 
"5.". 
(13) Section 202 is amended— 
(A) in subsection (b)(4), by striking "last paragraph 
of section 203(2)" and inserting "section 203(b)"; and 
(B) in subsection (c)— 
(i) in paragraph (4), by striking "rights;" and 
inserting "rights,"; and 
(ii) in paragraph (5), by striking "of the United 
States Code". 
(14) Section 203 is amended— 
(A) in paragraph (2)— 
(i) by striking "(2)" and inserting "(b)"; 
(ii) by striking the quotation marks and comma 
before "as appropriate"; and 
(iii) by striking "paragraphs (a) and (c)" and 
inserting "paragraphs (1) and (3) of subsection (a)"; 
and 
(B) in the first paragraph— 
(i) by striking "(a)", "(b)", "(c)", and "(d)" and 
inserting "(1)", "(2)", "(3)", and "(4)", respectively; and 
(ii) by striking "(1." and inserting "(a)". 
(15) Section 209 is amended in subsections (d)(2) and (f), 
by striking "of the United States Code". 
(16) Section 210 is amended— 
(A) in subsection (a)— 
(i) in paragraph (11), by striking "5901" and 
inserting "5908"; and 
(ii) in paragraph (20) by striking "178(j)" and 
inserting "178j"; and 
(B) in subsection (c)— 
(i) by striking "paragraph 202(c)(4)" and inserting 
"section 202(c)(4)"; and 
(ii) by striking "title.." and inserting "title.". 
(17) The item relating to chapter 29 in the table of chapters 
for part III is amended by inserting a comma after "Patent". 
(18) The item relating to section 256 in the table of contents 
for chapter 25 is amended to read as follows: 
"256. Correction of named inventor.". 
(19) Section 294 is amended— 
(A) in subsection (b), by striking "United States Code,"; 
and 
(B) in subsection (c), in the second sentence by striking 
"court to" and inserting "court of. 
(20) Section 371(d) is amended by adding at the end a 
period. 
(21) Paragraphs (1), (2), and (3) of section 376(a) are each 
amended by striking the semicolon and inserting a period. 
(b) OTHER AMENDMENTS.— 
(1) Section 4732(a) of the Intellectual Property and Commu-
nications Omnibus Reform Act of 1999 is amended— 
(A) in paragraph (9)(A)(ii), by inserting "in subsection 
35 USC 303. 
(b)," after "(ii)"; and 
116 STAT. 1906 
PUBLIC LAW 107-273—NOV. 2, 2002 
35 use 7 etseq. 
(B) in paragraph (10)(A), by inserting after "title 35, 
United States Code," the following: "other than sections 
1 through 6 (as amended by chapter 1 of this subtitle),". 
35 use 119. 
(2) Section 4802(1) of that Act is amended by inserting 
"to" before "citizens". 
(3) Section 4804 of that Act is amended— 
35 use 10. 
(A) in subsection (b), by striking "11(a)" and inserting 
"10(a)"; and 
35 use 12. 
(B) in subsection (c), by striking "13" and inserting 
"12". 
35 use 382. 
(4) Section 4402(b)(1) of that Act is amended by striking 
"in the fourth paragraph". 
SEC. 13207. TECHNICAL CORRECTIONS IN TRADEMARK LAW. 
(a) AWARD OF DAMAGES.—Section 35(a) of the Act of July 5, 
1946 (commonly referred to as the "Trademark Act of 1946") (15 
U.S.C. 1117(a)), is amended by striking "a violation under section 
43(a), (c), or (d)," and inserting "a violation under section 43(a) 
or(d),". 
(b) ADDITIONAL TECHNICAL AMENDMENTS.—The Trademark Act 
of 1946 is further amended as follows: 
(1) Section 1(d)(1) (15 U.S.C. 1051(d)(1)) is amended in 
the first sentence by striking "specifying the date of the 
applicant's first use" and all that follows through the end 
of the sentence and inserting "specifying the date of the 
applicant's first use of the mark in commerce and those goods 
or services specified in the notice of allowance on or in connec-
tion with which the mark is used in commerce.". 
(2) Section 1(e) (15 U.S.C. 1051(e)) is amended to read 
as follows: 
"(e) If the applicant is not domiciled in the United States 
the applicant may designate, by a document filed in the United 
States Patent and Trademark Office, the name and address of 
a person resident in the United States on whom may be served 
notices or process in proceedings affecting the mark. Such notices 
or process may be served upon the person so designated by leaving 
with that person or mailing to that person a copy thereof at the 
address specified in the last designation so filed. If the person 
so designated cannot be found at the address given in the last 
designation, or if the registrant does not designate by a document 
filed in the United States Patent and Trademark Office the name 
and address of a person resident in the United States on whom 
may be served notices or process in proceedings affecting the mark, 
such notices or process may be served on the Director.". 
(3) Section 8(f) (15 U.S.C. 1058(f)) is amended to read 
as follows: 
"(f) If the registrant is not domiciled in the United States, 
the registrant may designate, by a document filed in the United 
States Patent and Trademark Office, the name and address of 
a person resident in the United States on whom may be served 
notices or process in proceedings affecting the mark. Such notices 
or process may be served upon the person so designated by leaving 
with that person or mailing to that person a copy thereof at the 
address specified in the last designation so filed. If the person 
so designated cannot be found at the address given in the last 
designation, or if the registrant does not designate by a document 
filed in the United States Patent and Trademark Office the name 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1907 
and address of a person resident in the United States on whom 
may be served notices or process in proceedings affecting the mark, 
such notices or process may be served on the Director.". 
(4) Section 9(c) (15 U.S.C. 1059(c)) is amended to read 
as follows: 
"(c) If the registrant is not domiciled in the United States 
the registrant may designate, by a document filed in the United 
States Patent and Trademark Office, the name and address of 
a person resident in the United States on whom may be served 
notices or process in proceedings affecting the mark. Such notices 
or process may be served upon the person so designated by leaving 
with that person or mailing to that person a copy thereof at the 
address specified in the last designation so filed. If the person 
so designated cannot be found at the address given in the last 
designation, or if the registrant does not designate by a document 
filed in the United States Patent and Trademark Office the name 
and address of a person resident in the United States on whom 
may be served notices or process in proceedings affecting the mark, 
such notices or process may be served on the Director.". 
(5) Subsections (a) and (b) of section 10 (15 U.S.C. 1060(a) 
and (b)) are amended to read as follows: 
"(a)(1) A registered mark or a mark for which an application 
to register has been filed shall be assignable with the good will 
of the business in which the mark is used, or with that part 
of the good will of the business connected with the use of and 
symbolized by the mark. Notwithstanding the preceding sentence, 
no application to register a mark under section 1(b) shall be assign-
able prior to the filing of an amendment under section 1(c) to 
bring the application into conformity with section 1(a) or the filing 
of the verified statement of use under section 1(d), except for an 
assignment to a successor to the business of the applicant, or 
portion thereof, to which the mark pertains, if that business is 
ongoing and existing. 
"(2) In any assignment authorized by this section, it shall 
not be necessary to include the good will of the business connected 
with the use of and symbolized by any other mark used in the 
business or by the name or style under which the business is 
conducted. 
"(3) Assignments shall be by instruments in writing duly 
executed. Acknowledgment shall be prima facie evidence of the 
execution of an assignment, and when the prescribed information 
reporting the assignment is recorded in the United States Patent 
and Trademark Office, the record shall be prima facie evidence 
of execution. 
"(4) An assignment shall be void against any subsequent pur-
chaser for valuable consideration without notice, unless the pre-
scribed information reporting the assignment is recorded in the 
United States Patent and Trademark Office within 3 months after 
the date of the assignment or prior to the subsequent purchase. 
"(5) The United States Patent and Trademark Office shall 
maintain a record of information on assignments, in such form 
as may be prescribed by the Director. 
"(b) An assignee not domiciled in the United States may des-
ignate by a document filed in the United States Patent and Trade-
mark Office the name and address of a person resident in the 
United States on whom may be served notices or process in pro-
ceedings affecting the mark. Such notices or process may be served 
116 STAT. 1908 
PUBLIC LAW 107-273—NOV. 2, 2002 
upon the person so designated by leaving with that person or 
mailing to that person a copy thereof at the address specified 
in the last designation so filed. If the person so designated cannot 
be found at the address given in the last designation, or if the 
assignee does not designate by a document filed in the United 
States Patent and Trademark Office the name and address of 
a person resident in the United States on whom may be served 
notices or process in proceedings affecting the mark, such notices 
or process may be served upon the Director.". 
(6) Section 23(c) (15 U.S.C. 1091(c)) is amended by striking 
the second comma after "numeral". 
(7) Section 33(b)(8) (15 U.S.C. 1115(b)(8)) is amended by 
aligning the text with paragraph (7). 
(8) Section 34(d)(1)(A) (15 U.S.C. 1116(d)(1)(A)) is amended 
by striking "section 110" and all that follows through "(36 
U.S.C. 380)" and inserting "section 220506 of title 36, United 
States Code,". 
(9) Section 34(d)(l)(B)(ii) (15 U.S.C. 1116(d)(l)(B)(ii)) is 
amended by striking "section 110" and all that follows through 
"(36 U.S.C. 380)" and inserting "section 220506 of title 36, 
United States Code". 
(10) Section 34(d)(ll) is amended by striking "6621 of the 
Internal Revenue Code of 1954" and inserting "6621(a)(2) of 
the Internal Revenue Code of 1986". 
(11) Section 35(b) (15 U.S.C. 1117(b)) is amended— 
(A) by striking "section 110" and all that follows 
through "(36 U.S.C. 380)" and inserting "section 220506 
of title 36, United States Code,"; and 
(B) by striking "6621 of the Internal Revenue Code 
of 1954" and inserting "6621(a)(2) of the Internal Revenue 
Code of 1986". 
(12) Section 44(e) (15 U.S.C. 1126(e)) is amended by 
striking "a certification" and inserting "a true copy, a photocopy, 
a certification,". 
SEC. 13208. PATENT AND TRADEMARK FEE CLERICAL AMENDMENT. 
The Patent and Trademark Fee Fairness Act of 1999 (113 
Stat. 1537-546 et seq.), as enacted by section 1000(a)(9) of Public 
15 use 1113 
Law 106-113, is amended in section 4203, by striking "111(a)" 
note. 
and inserting "1113(a)". 
SEC. 13209. COPYRIGHT RELATED CORRECTIONS TO 1999 OMNIBUS 
REFORM ACT. 
Title I of the Intellectual Property and Communications Omni-
bus Reform Act of 1999, as enacted by section 1000(a)(9) of Public 
Law 106-113, is amended as follows: 
17 use 119. 
(1) Section 1007 is amended— 
(A) in paragraph (2), by striking "paragraph (2)" and 
inserting "paragraph (2)(A)"; and 
(B) in paragraph (3), by striking "1005(e)" and inserting 
"1005(d)". 
17 use 119. 
(2) Section 1006(b) is amended by striking "119(b)(l)(B)(iii)" 
and inserting "119(b)(l)(B)(ii)". 
(3)(A) Section 1006(a) is amended— 
(i) in paragraph (1), by adding "and" after the semi-
colon; 
(ii) by striking paragraph (2); and 
(iii) by redesignating paragraph (3) as paragraph (2). 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1909 
(B) Section 1011(b)(2)(A) is amended to read as follows: 
"(A) in paragraph (1), by striking 'primary transmission 
made by a superstation and embodying a performance or 
display of a work' and inserting 'performance or display 
of a work embodied in a primary transmission made by 
a superstation or by the Public Broadcasting Service sat-
elHte feed';". 
SEC. 13210. AMENDMENTS TO TITLE 17, UNITED STATES CODE. 
Title 17, United States Code, is amended as follows: 
(1) Section 119(a)(6) is amended by striking "of perform-
ance" and inserting "of a performance". 
(2)(A) The section heading for section 122 is amended by 
striking "rights; secondary" and inserting "rights: Sec-
ondary". 
(B) The item relating to section 122 in the table of contents 
for chapter 1 is amended to read as follows: 
"122. Limitations on exclusive rights: Secondary transmissions by satellite carriers 
within local markets.". 
(3)(A) The section heading for section 121 is amended by 
striking "reproduction" and inserting "Reproduction". 
(B) The item relating to section 121 in the table of contents 
for chapter 1 is amended by striking "reproduction" and 
inserting "Reproduction". 
(4)(A) Section 106 is amended by striking "107 through 
121" and inserting "107 through 122". 
(B) Section 501(a) is amended by striking "106 through 
121" and inserting " 106 through 122". 
(C) Section 511(a) is amended by striking "106 through 
121" and inserting " 106 through 122". 
(5) Section 101 is amended— 
(A) by moving the definition of "computer program" 
so that it appears after the definition of "compilation"; 
and 
(B) by moving the definition of "registration" so that 
it appears after the definition of "publicly". 
(6) Section 110(4)(B) is amended in the matter preceding 
clause (i) by striking "conditions;" and inserting "conditions:". 
(7) Section 118(b)(1) is amended in the second sentence 
by striking "to it". 
(8) Section 119(b)(1)(A) is amended— 
(A) by striking "transmitted" and inserting "retrans-
mitted"; and 
(B) by striking "transmissions" and inserting "retrans-
missions". 
(9) Section 203(a)(2) is amended— 
(A) in subparagraph (A)— 
(i) by striking "(A) the" and inserting "(A) The"; 
and 
(ii) by striking the semicolon at the end and 
inserting a period; 
(B) in subparagraph (B)— 
(i) by striking "(B) the" and inserting "(B) The"; 
and 
(ii) by striking the semicolon at the end and 
inserting a period; and 
116 STAT. 1910 
PUBLIC LAW 107-273—NOV. 2, 2002 
15 u s e 290e. 
Technology, 
Education, and 
Copyright 
Harmonization 
Act of 2002. 
17 u s e 101 note. 
(C) in subparagraph (C), by striking "(C) the" and 
inserting "(C) The". 
(10) Section 304(c)(2) is amended— 
(A) in subparagraph (A)— 
(i) by striking "(A) the" and inserting "(A) The"; 
and 
(ii) by striking the semicolon at the end and 
inserting a period; 
(B) in subparagraph (B)— 
(i) by striking "(B) the" and inserting "(B) The"; 
and 
(ii) by striking the semicolon at the end and 
inserting a period; and 
(C) in subparagraph (C), by striking "(C) the" and 
inserting "(C) The". 
(11) The item relating to section 903 in the table of contents 
for chapter 9 is amended by striking "licensure" and inserting 
"licensing". 
SEC. 13211. OTHER COPYRIGHT RELATED TECHNICAL AMENDMENTS. 
(a) AMENDMENT TO TITLE 18.—Section 2319(e)(2) of title 18, 
United States Code, is amended by striking "107 through 120" 
and inserting "107 through 122". 
(b) STANDARD REFERENCE DATA.—(1) Section 105(f) of Public 
Law 94-553 is amended by striking "section 290(e) of title 15" 
and inserting "section 6 of the Standard Reference Data Act (15 
U.S.C. 290e)". 
(2) Section 6(a) of the Standard Reference Data Act (15 U.S.C. 
290e) is amended by striking "Notwithstanding" and all that follows 
through "United States Code," and inserting "Notwithstanding the 
limitations under section 105 of title 17, United States Code,". 
Subtitle C—^Educational Use Copyright 
Exemption 
SEC. 13301. EDUCATIONAL USE COPYRIGHT EXEMPTION. 
(a) SHORT TITLE.—This subtitle may be cited as the "Tech-
nology, Education, and Copyright Harmonization Act of 2002". 
(b) EXEMPTION OF CERTAIN PERFORMANCES AND DISPLAYS FOR 
EDUCATIONAL USES.—Section 110 of title 17, United States Code, 
is amended— 
(1) by striking paragraph (2) and inserting the following: 
"(2) except with respect to a work produced or marketed 
primarily for performance or display as part of mediated 
instructional activities transmitted via digital networks, or a 
performance or display that is given by means of a copy or 
phonorecord that is not lawfully made and acquired under 
this title, and the transmitting government body or accredited 
nonprofit educational institution knew or had reason to believe 
was not lawfully made and acquired, the performance of a 
nondramatic literary or musical work or reasonable and limited 
portions of any other work, or display of a work in an amount 
comparable to that which is typically displayed in the course 
of a live classroom session, by or in the course of a transmission, 
if-
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1911 
"(A) the performance or display is made by, at the 
direction of, or under the actual supervision of an instructor 
as an integral part of a class session offered as a regular 
part of the systematic mediated instructional activities of 
a governmental body or an accredited nonprofit educational 
institution; 
"(B) the performance or display is directly related and 
of material assistance to the teaching content of the trans-
mission; 
"(C) the transmission is made solely for, and, to the 
extent technologically feasible, the reception of such trans-
mission is limited to— 
"(i) students officially enrolled in the course for 
which the transmission is made; or 
"(ii) officers or employees of governmental bodies 
as a part of their official duties or employment; and 
"(D) the transmitting body or institution— 
"(i) institutes policies regarding copyright, provides 
informational materials to faculty, students, and rel-
evant staff members that accurately describe, and pro-
mote compliance with, the laws of the United States 
relating to copyright, and provides notice to students 
that materials used in connection with the course may 
be subject to copyright protection; and 
"(ii) in the case of digital transmissions— 
"(I) 
applies 
technological 
measures 
that 
reasonably prevent— 
"(aa) retention of the work in accessible 
form by recipients of the transmission from 
the transmitting body or institution for longer 
than the class session; and 
"(bb) unauthorized further dissemination 
of the work in accessible form by such recipi-
ents to others; and 
"(II) does not engage in conduct that could 
reasonably be expected to interfere with techno-
logical measures used by copyright owners to pre-
vent such retention 
or unauthorized 
further 
dissemination;"; and 
(2) by adding at the end the following: 
"In paragraph (2), the term 'mediated instructional activi-
ties' with respect to the performance or display of a work 
by digital transmission under this section refers to activities 
that use such work as an integral part of the class experience, 
controlled by or under the actual supervision of the instructor 
and analogous to the type of performance or display that would 
take place in a live classroom setting. The term does not refer 
to activities that use, in 1 or more class sessions of a single 
course, such works as textbooks, course packs, or other material 
in any media, copies or phonorecords of which are t3T)ically 
purchased or acquired by the students in higher education 
for their independent use and retention or are typically pur-
chased or acquired for elementary and secondary students for 
their possession and independent use. 
"For purposes of paragraph (2), accreditation— 
"(A) with respect to an institution providing post-sec-
ondary education, shall be as determined by a regional 
116 STAT. 1912 
PUBLIC LAW 107-273—NOV. 2, 2002 
or national accrediting agency recognized by the Council 
on Higher Education Accreditation or the United States 
Department of Education; and 
"(B) with respect to an institution providing elementary 
or secondary education, shall be as recognized by the 
applicable state certification or licensing procedures. 
"For purposes of paragraph (2), no governmental body or 
accredited nonprofit educational institution shall be liable for 
infringement by reason of the transient or temporary storage 
of material carried out through the automatic technical process 
of a digital transmission of the performance or display of that 
material as authorized under paragraph (2). No such material 
stored on the system or network controlled or operated by 
the transmitting body or institution under this paragraph shall 
be maintained on such system or network in a manner ordi-
narily accessible to anyone other than anticipated recipients. 
No such copy shall be maintained on the system or network 
in a manner ordinarily accessible to such anticipated recipients 
for a longer period than is reasonably necessary to facilitate 
the transmissions for which it was made.". 
(c) EPHEMERAL RECORDINGS.— 
(1) IN GENERAL.—Section 112 of title 17, United States 
Code, is amended— 
(A) by redesignating subsection (f) as subsection (g); and 
(B) by inserting after subsection (e) the following: 
"(f)(1) Notwithstanding the provisions of section 106, and with-
out limiting the application of subsection (b), it is not an infringe-
ment of copyright for a governmental body or other nonprofit edu-
cational institution entitled under section 110(2) to transmit a 
performance or display to make copies or phonorecords of a work 
that is in digital form and, solely to the extent permitted in para-
graph (2), of a work that is in analog form, embodying the perform-
ance or display to be used for making transmissions authorized 
under section 110(2), if— 
"(A) such copies or phonorecords are retained and used 
solely by the body or institution that made them, and no 
further copies or phonorecords are reproduced from them, 
except as authorized under section 110(2); and 
"(B) such copies or phonorecords are used solely for trans-
missions authorized under section 110(2). 
"(2) This subsection does not authorize the conversion of print 
or other analog versions of works into digital formats, except that 
such conversion is permitted hereunder, only with respect to the 
amount of such works authorized to be performed or displayed 
under section 110(2), if— 
"(A) no digital version of the work is available to the 
institution; or 
"(B) the digital version of the work that is available to 
the institution is subject to technological protection measures 
that prevent its use for section 110(2).". 
(2) 
TECHNICAL AND CONFORMING AMENDMENT.—Section 
802(c) of title 17, United States Code, is amended in the third 
sentence by striking "section 112(f)" and inserting "section 
112(g)". 
(d) PATENT AND TRADEMARK OFFICE REPORT.— 
Deadline. 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act and after a period for public comment, 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1913 
the Undersecretary of Commerce for Intellectual Property, after 
consultation with the Register of Copyrights, shall submit to 
the Committees on the Judiciary of the Senate and the House 
of Representatives a report describing technological protection 
systems that have been implemented, are available for 
implementation, or are proposed to be developed to protect 
digitized 
copyrighted 
works 
and 
prevent 
infringement, 
including upgradeable and self-repairing systems, and systems 
that have been developed, are being developed, or are proposed 
to be developed in private voluntary industry-led entities 
through an open broad based consensus process. The report 
submitted to the Committees shall not include any rec-
ommendations, comparisons, or comparative assessments of any 
commercially available products that may be mentioned in the 
report. 
(2) LIMITATIONS.—The report under this subsection— 
(A) is intended solely to provide information to Con-
gress; and 
(B) shall not be construed to affect in any way, either 
directly or by implication, any provision of title 17, United 
States Code, including the requirements of clause (ii) of 
section 110(2)(D) of that title (as added by this subtitle), 
or the interpretation or application of such provisions, 
including evaluation of the compliance with that clause 
by any governmental body or nonprofit educational institu-
tion. 
Subtitle D—Madrid Protocol 
Implementation 
Madrid Protocol 
Implementation 
Act. 
SEC. 13401. SHORT TITLE. 
15 USC 1051 
This subtitle may be cited as the "Madrid Protocol Implementa-
tion Act". 
SEC. 13402. PROVISIONS TO IMPLEMENT THE PROTOCOL RELATING 
TO THE MADRID AGREEMENT CONCERNING THE INTER-
NATIONAL REGISTRATION OF MARKS. 
The Act entitled "An Act to provide for the registration and 
protection of trademarks used in commerce, to carry out the provi-
sions of certain international conventions, and for other purposes", 
approved July 5, 1946, as amended (15 U.S.C. 1051 and following) 
(commonly referred to as the "Trademark Act of 1946") is amended 
by adding after section 51 the following: 
"TITLE XII—THE MADRID PROTOCOL 
"SEC. 60. DEFINITIONS. 
15 USC 1141. 
"In this title: 
"(1) 
BASIC APPLICATION.—The term 'basic application' 
means the application for the registration of a mark that has 
been filed with an Office of a Contracting Party and that 
constitutes the basis for an application for the international 
registration of that mark. 
"(2) BASIC REGISTRATION.—The term 'basic registration' 
means the registration of a mark that has been granted by 
an Office of a Contracting Party and that constitutes the basis 
99-194 O - 03 -11 : QL 3 Part 3 
116 STAT. 1914 
PUBLIC LAW 107-273—NOV. 2, 2002 
for an application for the international registration of that 
mark. 
"(3) CONTRACTING PARTY.—^The term 'Contracting Party' 
means any country or inter-governmental organization that 
is a party to the Madrid Protocol. 
"(4) DATE OF RECORDAL.—The term 'date of recordal' means 
the date on which a request for extension of protection, filed 
after an international registration is granted, is recorded on 
the International Register. 
"(5) DECLARATION OF BONA FIDE INTENTION TO USE THE 
MARK IN COMMERCE.—The term 'declaration of bona fide 
intention to use the mark in commerce' means a declaration 
that is signed by the applicant for, or holder of, an international 
registration who is seeking extension of protection of a mark 
to the United States and that contains a statement that— 
"(A) the applicant or holder has a bona fide intention 
to use the mark in commerce; 
"(B) the person making the declaration believes himself 
or herself, or the firm, corporation, or association in whose 
behalf he or she makes the declaration, to be entitled 
to use the mark in commerce; and 
"(C) no other person, firm, corporation, or association, 
to the best of his or her knowledge and belief, has the 
right to use such mark in commerce either in the identical 
form of the mark or in such near resemblance to the 
mark as to be likely, when used on or in connection with 
the goods of such other person, firm, corporation, or associa-
tion, to cause confusion, mistake, or deception. 
"(6) EXTENSION OF PROTECTION.—^The term 'extension of 
protection' means the protection resulting from an international 
registration that extends to the United States at the request 
of the holder of the international registration, in accordance 
with the Madrid Protocol. 
"(7) 
HOLDER OF AN 
INTERNATIONAL REGISTRATION.—^A 
'holder' of an international registration is the natural or juristic 
person in whose name the international registration is recorded 
on the International Register. 
"(8) INTERNATIONAL APPLICATION.—^The term 'international 
application' means an application for international registration 
that is filed under the Madrid Protocol. 
"(9) 
INTERNATIONAL BUREAU.—^The term 
'International 
Bureau' means the International Bureau of the World Intellec-
tual Property Organization. 
"(10) INTERNATIONAL REGISTER.—^The term 'International 
Register' means the official collection of data concerning inter-
national registrations maintained by the International Bureau 
that the Madrid Protocol or its implementing regulations 
require or permit to be recorded. 
"(11) 
INTERNATIONAL 
REGISTRATION.—^The term 
'inter-
national registration' means the registration of a mark granted 
under the Madrid Protocol. 
"(12) INTERNATIONAL REGISTRATION DATE.—The term 'inter-
national registration date' means the date assigned to the inter-
national registration by the International Bureau. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1915 
"(13) 
MADRID PROTOCOL.—The term 'Madrid Protocol' 
means the Protocol Relating to the Madrid Agreement Con-
cerning the International Registration of Marks, adopted at 
Madrid, Spain, on June 27, 1989. 
"(14) NOTIFICATION OF REFUSAL.—The term 'notification 
of refusal' means the notice sent by the United States Patent 
and Trademark Office to the International Bureau declaring 
that an extension of protection cannot be granted. 
"(15) OFFICE OF A CONTRACTING PARTY.—The term 'Office 
of a Contracting Party' means— 
"(A) the office, or governmental entity, of a Contracting 
Party that is responsible for the registration of marks; 
or 
"(B) the common office, or governmental entity, of more 
than 1 Contracting Party that is responsible for the reg-
istration of marks and is so recognized by the International 
Bureau. 
"(16) OFFICE OF ORIGIN.—The term 'office of origin' means 
the Office of a Contracting Party with which a basic application 
was filed or by which a basic registration was granted. 
"(17) OPPOSITION PERIOD.—The term 'opposition period' 
means the time allowed for filing an opposition in the United 
States Patent and Trademark Office, including any extension 
of time granted under section 13. 
"SEC. 61. INTERNATIONAL APPLICATIONS BASED ON UNITED STATES 
APPLICATIONS OR REGISTRATIONS. 
"(a) IN GENERAL.—^The owner of a basic application pending 
before the United States Patent and Trademark Office, or the 
owner of a basic registration granted by the United States Patent 
and Trademark Office may file an international application by 
submitting to the United States Patent and Trademark Office a 
written application in such form, together with such fees, as may 
be prescribed by the Director. 
"(b) QUALIFIED OWNERS.—^A qualified owner, under subsection 
(a), shall— 
"(1) be a national of the United States; 
"(2) be domiciled in the United States; or 
"(3) have a real and effective industrial or commercial 
establishment in the United States. 
"SEC. 62. CERTIFICATION OF THE INTERNATIONAL APPLICATION. 
"(a) CERTIFICATION PROCEDURE.—Upon the filing of an applica-
tion for international registration and payment of the prescribed 
fees, the Director shall examine the international application for 
the purpose of certifying that the information contained in the 
international application corresponds to the information contained 
in the basic application or basic registration at the time of the 
certification. 
"(b) TRANSMITTAL.—^Upon examination and certification of the 
international application, the Director shall transmit the inter-
national application to the International Bureau. 
"SEC. 63. RESTRICTION, ABANDONMENT, CANCELLATION, OR EXPIRA-
TION OF A BASIC APPLICATION OR BASIC REGISTRATION. 
"With respect to an international application transmitted to 
the International Bureau under section 62, the Director shall notify 
the International Bureau whenever the basic application or basic 
15 u s e 1141a. 
15 u s e 1141b. 
15 u s e 1141c. 
116 STAT. 1916 
PUBLIC LAW 107-273—NOV. 2, 2002 
registration which is the basis for the international application 
has been restricted, abandoned, or canceled, or has expired, with 
respect to some or all of the goods and services listed in the 
international registration— 
"(1) within 5 years after the international registration date; 
or 
"(2) more than 5 years after the international registration 
date if the restriction, abandonment, or cancellation of the 
basic application or basic registration resulted from an action 
that began before the end of that 5-year period. 
15 use 1141d. 
"SEC. 64. REQUEST FOR EXTENSION OF PROTECTION SUBSEQUENT 
TO INTERNATIONAL REGISTRATION. 
"The holder of an international registration that is based upon 
a basic application filed with the United States Patent and Trade-
mark Office or a basic registration granted by the Patent and 
Trademark Office may request an extension of protection of its 
international registration by filing such a request— 
"(1) directly with the International Bureau; or 
"(2) with the United States Patent and Trademark Office 
for transmittal to the International Bureau, if the request is 
in such form, and contains such transmittal fee, as may be 
prescribed by the Director. 
15 use 1141e. 
"SEC. 65. EXTENSION OF PROTECTION OF AN INTERNATIONAL REG-
ISTRATION TO THE UNITED STATES UNDER THE MADRID 
PROTOCOL. 
"(a) IN GENERAL.—Subject to the provisions of section 68, the 
holder of an international registration shall be entitled to the bene-
fits of extension of protection of that international registration 
to the United States to the extent necessary to give effect to any 
provision of the Madrid Protocol. 
"(b) IF THE UNITED STATES IS OFFICE OF OmoiN.^Where the 
United States Patent and Trademark Office is the office of origin 
for a trademark application or registration, any international reg-
istration based on such application or registration cannot be used 
to obtain the benefits of the Madrid Protocol in the United States. 
15 use 1141f. 
"SEC. 66. EFFECT OF FILING A REQUEST FOR EXTENSION OF PROTEC-
TION OF AN INTERNATIONAL REGISTRATION TO THE 
UNITED STATES. 
"(a) REQUIREMENT FOR REQUEST FOR EXTENSION OF PROTEC-
TION.—^A request for extension of protection of an international 
registration to the United States that the International Bureau 
transmits to the United States Patent and Trademark Office shall 
be deemed to be properly filed in the United States if such request, 
when received by the International Bureau, has attached to it 
a declaration of bona fide intention to use the mark in commerce 
that is verified by the applicant for, or holder of, the international 
registration. 
"(b) EFFECT OF PROPER FILING.—^Unless extension of protection 
is refused under section 68, the proper filing of the request for 
extension of protection under subsection (a) shall constitute 
constructive use of the mark, conferring the same rights as those 
specified in section 7(c), as of the earliest of the following: 
"(1) The international registration date, if the request for 
extension of protection was filed in the international applica-
tion. 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1917 
"(2) The date of recordal of the request for extension of 
protection, if the request for extension of protection was made 
after the international registration date. 
"(3) The date of priority claimed pursuant to section 67. 
"SEC. 67. RIGHT OF PRIORITY FOR REQUEST FOR EXTENSION OF 15 USC 1141g. 
PROTECTION TO THE UNITED STATES. 
"The holder of an international registration with a request 
for an extension of protection to the United States shall be entitled 
to claim a date of priority based on a right of priority within 
the meaning of Article 4 of the Paris Convention for the Protection 
of Industrial Property if— 
"(1) the request for extension of protection contains a claim 
of priority; and 
"(2) the date of international registration or the date of 
the recordal of the request for extension of protection to the 
United States is not later than 6 months after the date of 
the first regular national filing (within the meaning of Article 
4(A)(3) of the Paris Convention for the Protection of Industrial 
Property) or a subsequent application (within the meaning of 
Article 4(C)(4) of the Paris Convention for the Protection of 
Industrial Property). 
"SEC. 68. EXAMINATION OF AND OPPOSITION TO REQUEST FOR EXTEN- 
15 USC 1141h. 
SION OF PROTECTION; NOTIFICATION OF REFUSAL. 
"(a) EXAMINATION AND OPPOSITION.—(1) A request for extension 
of protection described in section 66(a) shall be examined as an 
application for registration on the Principal Register under this 
Act, and if on such examination it appears that the applicant 
is entitled to extension of protection under this title, the Director 
shall cause the mark to be published in the Official Gazette of 
the United States Patent and Trademark Office. 
"(2) Subject to the provisions of subsection (c), a request for 
extension of protection under this title shall be subject to opposition 
under section 13. 
"(3) Extension of protection shall not be refused on the ground 
that the mark has not been used in commerce. 
"(4) Extension of protection shall be refused to any mark not 
registrable on the Principal Register. 
"(b) NOTIFICATION OF REFUSAL.—If, a request for extension 
of protection is refused under subsection (a), the Director shall 
declare in a notification of refusal (as provided in subsection (c)) 
that the extension of protection cannot be granted, together with 
a statement of all grounds on which the refusal was based. 
"(c) NOTICE TO INTERNATIONAL BUREAU.—(1) Within 18 months 
after the date on which the International Bureau transmits to 
the Patent and Trademark Office a notification of a request for 
extension of protection, the Director shall transmit to the Inter-
national Bureau any of the following that applies to such request: 
"(A) A notification of refusal based on an examination 
of the request for extension of protection. 
"(B) A notification of refusal based on the filing of an 
opposition to the request. 
"(C) A notification of the possibility that an opposition 
to the request may be filed after the end of that 18-month 
period. 
"(2) If the Director has sent a notification of the possibility 
of opposition under paragraph (1)(C), the Director shall, if 
116 STAT. 1918 
PUBLIC LAW 107-273—NOV. 2, 2002 
15 use 11411. 
15 use 1141J. 
applicable, transmit to the International Bureau a notification of 
refusal on the basis of the opposition, together with a statement 
of all the grounds for the opposition, within 7 months after the 
beginning of the opposition period or within 1 month after the 
end of the opposition period, whichever is earlier. 
"(3) If a notification of refusal of a request for extension of 
protection is transmitted under paragraph (1) or (2), no grounds 
for refusal of such request other than those set forth in such 
notification may be transmitted to the International Bureau by 
the Director after the expiration of the time periods set forth in 
paragraph (1) or (2), as the case may be. 
"(4) If a notification specified in paragraph (1) or (2) is not 
sent to the International Bureau within the time period set forth 
in such paragraph, with respect to a request for extension of protec-
tion, the request for extension of protection shall not be refused 
and the Director shall issue a certificate of extension of protection 
pursuant to the request. 
"(d) 
DESIGNATION OF AGENT FOR SERVICE OF PROCESS.—In 
responding to a notification of refusal with respect to a mark, 
the holder of the international registration of the mark may des-
ignate, by a document filed in the United States Patent and Trade-
mark Office, the name and address of a person residing in the 
United States on whom notices or process in proceedings affecting 
the mark may be served. Such notices or process may be served 
upon the person designated by leaving with that person, or mailing 
to that person, a copy thereof at the address specified in the 
last designation filed. If the person designated cannot be found 
at the address given in the last designation, or if the holder does 
not designate by a document filed in the United States Patent 
and Trademark Office the name and address of a person residing 
in the United States for service of notices or process in proceedings 
affecting the mark, the notice or process may be served on the 
Director. 
"SEC. 
69. 
EFFECT 
OF 
EXTENSION 
OF 
PROTECTION. 
"(a) ISSUANCE OF EXTENSION OF PROTECTION.—^Unless a request 
for extension of protection is refused under section 68, the Director 
shall issue a certificate of extension of protection pursuant to the 
request and shall cause notice of such certificate of extension of 
protection to be published in the Official Gazette of the United 
States Patent and Trademark Office. 
"(b) EFFECT OF EXTENSION OF PROTECTION.—From the date 
on which a certificate of extension of protection is issued under 
subsection (a)— 
"(1) such extension of protection shall have the same effect 
and validity as a registration on the Principal Register; and 
"(2) the holder of the international registration shall have 
the same rights and remedies as the owner of a registration 
on the Principal Register. 
"SEC. 70. DEPENDENCE OF EXTENSION OF PROTECTION TO THE 
UNITED STATES ON THE UNDERLYING INTERNATIONAL 
REGISTRATION. 
"(a) 
EFFECT OF CANCELLATION OF INTERNATIONAL REGISTRA-
TION.—If the International Bureau notifies the United States Patent 
and Trademark Office of the cancellation of an international reg-
istration with respect to some or all of the goods and services 
listed in the international registration, the Director shall cancel 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1919 
any extension of protection to the United States with respect to 
such goods and services as of the date on which the international 
registration was canceled. 
"(b) EFFECT OF FAILURE TO RENEW INTERNATIONAL REGISTRA-
TION.—If the International Bureau does not renew an international 
registration, the corresponding extension of protection to the United 
States shall cease to be valid as of the date of the expiration 
of the international registration. 
"(c) TRANSFORMATION OF AN EXTENSION OF PROTECTION INTO 
A UNITED STATES APPLICATION.—The holder of an international 
registration canceled in whole or in part by the International 
Bureau at the request of the office of origin, under article 6(4) 
of the Madrid Protocol, may file an application, under section 1 
or 44 of this Act, for the registration of the same mark for any 
of the goods and services to which the cancellation applies that 
were covered by an extension of protection to the United States 
based on that international registration. Such an application shall 
be treated as if it had been filed on the international registration 
date or the date of recordal of the request for extension of protection 
with the International Bureau, whichever date applies, and, if the 
extension of protection enjoyed priority under section 67 of this 
title, shall enjoy the same priority. Such an application shall be Deadline, 
entitled to the benefits conferred by this subsection only if the 
application is filed not later than 3 months after the date on 
which the international registration was canceled, in whole or in 
part, and only if the application complies with all the requirements 
of this Act which apply to any application filed pursuant to section 
1 or 44. 
"SEC. 71. AFFIDAVITS AND FEES. 
15 USC 1141k. 
"(a) REQUIRED AFFIDAVITS AND FEES.—^An extension of protec-
tion for which a certificate of extension of protection has been 
issued under section 69 shall remain in force for the term of 
the international registration upon which it is based, except that 
the extension of protection of any mark shall be canceled by the 
Director— 
"(1) at the end of the 6-year period beginning on the date 
on which the certificate of extension of protection was issued 
by the Director, unless within the 1-year period preceding the 
expiration of that 6-year period the holder of the international 
registration files in the Patent and Trademark Office an affi-
davit under subsection (b) together with a fee prescribed by 
the Director; and 
"(2) at the end of the 10-year period beginning on the 
date on which the certificate of extension of protection was 
issued by the Director, and at the end of each 10-year period 
thereafter, unless— 
"(A) within the 6-month period preceding the expiration 
of such 10-year period the holder of the international reg-
istration files in the United States Patent and Trademark 
Office an affidavit under subsection (b) together with a 
fee prescribed by the Director; or 
"(B) within 3 months after the expiration of such 10- Deadline, 
year period, the holder of the international registration 
files in the Patent and Trademark Office an affidavit under 
subsection (b) together with the fee described in subpara-
graph (A) and the surcharge prescribed by the Director. 
116 STAT. 1920 
PUBLfC LAW 107-273—NOV. 2, 2002 
15 u s e 114H. 
15 u s e 1141m. 
15 u s e 1141n. 
15 u s e 1141 
note. 
"(b) CONTENTS OF AFFIDAVIT.—The affidavit referred to in sub-
section (a) shall set forth those goods or services recited in the 
extension of protection on or in connection with which the mark 
is in use in commerce and the holder of the international registra-
tion shall attach to the affidavit a specimen or facsimile showing 
the current use of the mark in commerce, or shall set forth that 
any nonuse is due to special circumstances which excuse such 
nonuse and is not due to any intention to abandon the mark. 
Special notice of the requirement for such affidavit shall be attached 
to each certificate of extension of protection. 
"(c) NOTIFICATION.—The Director shall notify the holder of the 
international registration who files 1 of the affidavits of the Direc-
tor's acceptance or refusal thereof and, in case of a refusal, the 
reasons therefor. 
"(d) SERVIOE OF NOTICE OR PROCESS.—The holder of the inter-
national registration of the mark may designate, by a document 
filed in the United States Patent and Trademark Office, the name 
and address of a person residing in the United States on whom 
notices or process in proceedings affecting the mark may be served. 
Such notices or process may be served upon the person so designated 
by leaving with that person, or mailing to that person, a copy 
thereof at the address specified in the last designation so filed. 
If the person designated cannot be found at the address given 
in the last designation, or if the holder does not designate by 
a document filed in the United States Patent and Trademark Office 
the name and address of a person residing in the United States 
for service of notices or process in proceedings affecting the mark, 
the notice or process may be served on the Director. 
"SEC. 72. ASSIGNMENT OF AN EXTENSION OF PROTECTION. 
"An extension of protection may be assigned, together with 
the goodwill associated with the mark, only to a person who is 
a national of, is domiciled in, or has a bona fide and effective 
industrial or commercial establishment either in a country that 
is a Contracting Party or in a country that is a member of an 
intergovernmental organization that is a Contracting Party. 
"SEC. 73. INCONTESTABILITY. 
"The period of continuous use prescribed under section 15 for 
a mark covered by an extension of protection issued under this 
title may begin no earlier than the date on which the Director 
issues the certificate of the extension of protection under section 
69, except as provided in section 74. 
"SEC. 74. RIGHTS OF EXTENSION OF PROTECTION. 
"When a United States registration and a subsequently issued 
certificate of extension of protection to the United States are owned 
by the same person, identify the same mark, and list the same 
goods or services, the extension of protection shall have the same 
rights that accrued to the registration prior to issuance of the 
certificate of extension of protection.". 
SEC. 13403. EFFECTIVE DATE. 
This subtitle and the amendments made by this subtitle shall 
take effect on the later of— 
(1) the date on which the Madrid Protocol (as defined 
in section 60 of the Trademark Act of 1946) enters into force 
with respect to the United States; or 
PUBLIC LAW 107-273—NOV. 2, 2002 
116 STAT. 1921 
(2) the date occurring 1 year after the date of enactment 
of this Act. 
TITLE IV—ANTITRUST TECHNICAL 
CORRECTIONS ACT OF 2002 
Antitrust 
Technical 
Corrections Act 
of 2002. 
SEC. 14101. SHORT TITLE. 
15 USC 1 note. 
This title may be cited as the "Antitrust Technical Corrections 
Act of 2002". 
SEC. 14102. AMENDMENTS. 
(a) PANAMA CANAL ACT.—Section 11 of the Panama Canal 
Act (37 Stat. 566; 15 U.S.C. 31) is amended by striking the undesig-
nated paragraph that begins "No vessel permitted". 
(b) SHERMAN ACT.—Section 3 of the Sherman Act (15 U.S.C. 
3) is amended— 
(1) by inserting "(a)" after "SEC. 3."; and 
(2) by adding at the end the following: 
"(b) Every person who shall monopolize, or attempt to monopo-
lize, or combine or conspire with any other person or persons, 
to monopolize any part of the trade or commerce in any Territory 
of the United States or of the District of Columbia, or between 
any such Territory and another, or between any such Territory 
or Territories and any State or States or the District of Columbia, 
or with foreign nations, or between the District of Columbia, and 
any State or States or foreign nations, shall be deemed guilty 
of a felony, and, on conviction thereof, shall be punished by fine 
not exceeding $10,000,000 if a corporation, or, if any other person, 
$350,000, or by imprisonment not exceeding three years, or by 
both said punishments, in the discretion of the court.". 
(c) WILSON TARIFF ACT.— 
(1) TECHNICAL AMENDMENT.—The Wilson Tariff Act (28 
Stat. 509; 15 U.S.C. 8 et seq.) is amended— 
(A) by striking section 77; and 
15USCl5note. 
(B) in section 78— 
15 USC 8 note. 
(i) by striking "76, and 77" and inserting "and 
76"; and 
(ii) by redesignating such section as section 77. 
(2) CONFORMING AMENDMENTS TO OTHER LAWS.— 
(A) CLAYTON ACT.—Subsection (a) of the 1st section 
of the Clayton Act (15 U.S.C. 12(a)) is amended by striking 
"seventy-seven" and inserting "seventy-six". 
(B) FEDERAL TRADE COMMISSION ACT.—Section 4 of the 
Federal Trade Commission Act (15 U.S.C. 44) is amended 
by striking "77" and inserting "76". 
(C) PACKERS AND STOCKYARDS ACT, 1921.—Section 
405(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 
225(a)) is amended by striking "77" and inserting "76". 
(D) ATOMIC ENERGY ACT OF 1954.—Section 105 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended 
by striking "seventy-seven" and inserting "seventy-six". 
(E) DEEP SEABED HARD MINERAL RESOURCES ACT.— 
Section 103(d)(7) of the Deep Seabed Hard Mineral 
Resources Act (30 U.S.C. 1413(d)(7)) is amended by striking 
"77" and inserting "76". 
116 STAT. 1922 
PUBLIC LAW 107-273—NOV. 2, 2002 
15 u s e 1 note. 
49 u s e 41309 
note. 
15 u s e 3 note. 
(d) CLAYTON ACT.—The first section 27 of the Clayton Act 
(15 U.S.C. 27) is redesignated as section 28 and is transferred 
so as to appear at the end of such Act. 
(e) YEAR 2000 INFORMATION AND READINESS DISCLOSURE ACT.— 
Section 5(a)(2) of the Year 2000 Information and Readiness Disclo-
sure Act (Public Law 105-271) is amended by inserting a period 
after "failure". 
(f) ACT OF MARCH 3, 1913.—The Act of March 3, 1913 (chapter 
114, 37 Stat. 731; 15 U.S.C. 30) is repealed. 
(g) REPEAL.—Section 116 of the Act of November 19, 2001 
is repealed. 
SEC. 14103. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 
(a) EFFECTIVE DATE.—Except as provided in subsection (b), 
this subtitle and the amendments made by this subtitle shall take 
effect on the date of enactment of this Act. 
(b) APPLICATION TO CASES.—(1) Section 14102(f) shall apply 
to cases pending on or after the date of the enactment of this 
Act. 
(2) The amendments made by subsections (a), (b), and (c) of 
section 14102 shall apply only with respect to cases commenced 
on or after the date of enactment of this Act. 
Approved November 2, 2002. 
L E G I S L A T I V E H I S T O R Y — H . R . 2215 (S. 1319): 
HOUSE REPORTS: Nos. 107-125 (Comm. on the Judiciary) and 107-685 (Comm. 
of Conference). 
SENATE REPORTS: No. 107-96 accompanying S. 1319 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 147 (2001): July 23, considered and passed House. 
Dec. 20, considered and passed Senate, amended. 
Vol. 148 (2002): Sept. 26, House agreed to conference report. 
Oct. 1, 3, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTLU. DOCUMENTS, Vol. 38 (2002): 
Nov. 2, Presidential statement.