[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2215 Enrolled Bill (ENR)]

        H.R.2215

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 An Act


 
  To authorize appropriations for the Department of Justice for fiscal 
                   year 2002, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``21st Century 
Department of Justice Appropriations Authorization Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

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

 TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2002 AND 2003

Sec. 101. Specific sums authorized to be appropriated for fiscal year 
          2002.
Sec. 102. Specific sums authorized to be appropriated for fiscal year 
          2003.
Sec. 103. Appointment of additional assistant United States attorneys; 
          reduction of certain litigation positions.
Sec. 104. Authorization for additional assistant United States attorneys 
          for project safe neighborhoods.

                 TITLE II--PERMANENT ENABLING PROVISIONS

Sec. 201. Permanent authority.
Sec. 202. Permanent authority relating to enforcement of laws.
Sec. 203. Miscellaneous uses of funds; technical amendments.
Sec. 204. Technical and miscellaneous amendments to Department of 
          Justice authorities; authority to transfer property of 
          marginal value; recordkeeping; protection of the Attorney 
          General.
Sec. 205. Oversight; waste, fraud, and abuse within the Department of 
          Justice.
Sec. 206. Enforcement of Federal criminal laws by Attorney General.
Sec. 207. Strengthening law enforcement in United States territories, 
          commonwealths, and possessions.

                        TITLE III--MISCELLANEOUS

Sec. 301. Repealers.
Sec. 302. Technical amendments to title 18 of the United States Code.
Sec. 303. Required submission of proposed authorization of 
          appropriations for the Department of Justice for fiscal years 
          2004 and 2005.
Sec. 304. Study of untested rape examination kits.
Sec. 305. Reports on use of DCS 1000 (Carnivore).
Sec. 306. Study of allocation of litigating attorneys.
Sec. 307. Use of truth-in-sentencing and violent offender incarceration 
          grants.
Sec. 308. Authority of the Department of Justice Inspector General.
Sec. 309. Review of the Department of Justice.
Sec. 310. Authorization of appropriations.
Sec. 311. Report on threats and assaults against Federal law enforcement 
          officers, United States judges, United States officials and 
          their families.
Sec. 312. Additional Federal judgeships.

                    TITLE IV--VIOLENCE AGAINST WOMEN

Sec. 401. Short title.
Sec. 402. Establishment of Violence Against Women Office.
Sec. 403. Effective date.

                   DIVISION B--MISCELLANEOUS DIVISION

                TITLE I--BOYS AND GIRLS CLUBS OF AMERICA

Sec. 1101. Boys and Girls Clubs of America.

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

Sec. 2001. Short title.

                 Subtitle A--Drug-Free Prisons and Jails

Sec. 2101. Use of residential substance abuse treatment grants to 
          provide for services during and after incarceration.
Sec. 2102. Jail-based substance abuse treatment programs.
Sec. 2103. Mandatory revocation of probation and supervised release for 
          failing a drug test.

                  Subtitle B--Treatment and Prevention

Sec. 2201. Report on drug-testing technologies.
Sec. 2202. Drug and substance abuse treatment, prevention, education, 
          and research study.
Sec. 2203. Drug abuse and addiction research.

                         Subtitle C--Drug Courts

Sec. 2301. Drug courts.
Sec. 2302. Authorization of appropriations.
Sec. 2303. Study by the General Accounting Office.

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

   Chapter 1--Post Incarceration Vocational and Remedial Educational 
                        Opportunities for Inmates

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

                 Chapter 2--State Reentry Grant Programs

Sec. 2421. Amendments to the Omnibus Crime Control and Safe Streets Act 
          of 1968.

                        Subtitle E--Other Matters

Sec. 2501. Amendment to Controlled Substances Act.
Sec. 2502. Study of methamphetamine treatment.
Sec. 2503. Authorization of funds for DEA police training in South and 
          Central Asia.
Sec. 2504. United States-Thailand drug prosecutor exchange program.

  TITLE III--SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM

Sec. 3001. Increasing the penalty for using physical force to tamper 
          with witnesses, victims, or informants.
Sec. 3002. Correction of aberrant statutes to permit imposition of both 
          a fine and imprisonment.
Sec. 3003. Reinstatement of counts dismissed pursuant to a plea 
          agreement.
Sec. 3004. Appeals from certain dismissals.
Sec. 3005. Clarification of length of supervised release terms in 
          controlled substance cases.
Sec. 3006. Authority of court to impose a sentence of probation or 
          supervised release when reducing a sentence of imprisonment in 
          certain cases.
Sec. 3007. Clarification that making restitution is a proper condition 
          of supervised release.

         TITLE IV--CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002

Sec. 4001. Short title.
Sec. 4002. Technical amendments relating to criminal law and procedure.
Sec. 4003. Additional technicals.
Sec. 4004. Repeal of outmoded provisions.
Sec. 4005. Amendments resulting from Public Law 107-56.
Sec. 4006. Cross reference correction.

      TITLE V--PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

Sec. 5001. Paul Coverdell Forensic Sciences Improvement Grants.
Sec. 5002. Authorization of appropriations.

      DIVISION C--IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE, 
 IMMIGRATION, JUVENILE JUSTICE, AND INTELLECTUAL PROPERTY AND ANTITRUST 
                                  LAWS

        TITLE I--CRIMINAL JUSTICE, CIVIL JUSTICE, AND IMMIGRATION

                    Subtitle A--General Improvements

Sec. 11001. Law Enforcement Tribute Act.
Sec. 11002. Disclosure of grand jury matters relating to money 
          laundering offenses.
Sec. 11003. Grant program for State and local domestic preparedness 
          support.
Sec. 11004. United States Sentencing Commission access to NCIC terminal.
Sec. 11005. Danger pay for FBI agents.
Sec. 11006. Police corps.
Sec. 11007. Radiation exposure compensation technical amendments.
Sec. 11008. Federal Judiciary Protection Act of 2002.
Sec. 11009. James Guelff and Chris McCurley Body Armor Act of 2002.
Sec. 11010. Persons authorized to serve search warrant.
Sec. 11011. Study on reentry, mental illness, and public safety.
Sec. 11012. Technical amendment to Omnibus Crime Control Act.
Sec. 11013. Debt collection improvement.
Sec. 11014. SCAAP authorization.
Sec. 11015. Use of annuity brokers in structured settlements.
Sec. 11016. INS processing fees.
Sec. 11017. United States Parole Commission extension.
Sec. 11018. Waiver of foreign country residence requirement with respect 
          to international medical graduates.
Sec. 11019. Pretrial disclosure of expert testimony relating to 
          defendant's mental condition.
Sec. 11020. Multiparty, Multiforum Trial Jurisdiction Act of 2002.
Sec. 11021. Additional place of holding court in the southern district 
          of Ohio.
Sec. 11022. Direct shipment of wine.
Sec. 11023. Webster Commission implementation report.
Sec. 11024. FBI police.
Sec. 11025. Report on FBI information management and technology.
Sec. 11026. GAO report on crime statistics reporting.
Sec. 11027. Crime-free rural States grants.
Sec. 11028. Motor vehicle franchise contract dispute resolution process.
Sec. 11029. Holding court for the southern district of Iowa.
Sec. 11030. Posthumous citizenship restoration.
Sec. 11030A. Extension of H-1B status for aliens with lengthy 
          adjudications.
Sec. 11030B. Application for naturalization by alternative applicant if 
          citizen parent has died.

                       Subtitle B--EB-5 Amendments

                     Chapter 1--Immigration Benefits

Sec. 11031. Removal of conditional basis of permanent resident status 
          for certain alien entrepreneurs, spouses, and children.
Sec. 11032. Conditional permanent resident status for certain alien 
          entrepreneurs, spouses, and children.
Sec. 11033. Regulations.
Sec. 11034. Definitions.

                   Chapter 2--Amendments to Other Laws

Sec. 11035. Definition of ``full-time employment''.
Sec. 11036. Eliminating enterprise establishment requirement for alien 
          entrepreneurs.
Sec. 11037. Amendments to pilot immigration program for regional centers 
          to promote economic growth.

              Subtitle C--Judicial Improvements Act of 2002

Sec. 11041. Short title.
Sec. 11042. Judicial discipline procedures.
Sec. 11043. Technical amendments.
Sec. 11044. Severability.

       Subtitle D--Antitrust Modernization Commission Act of 2002

Sec. 11051. Short title.
Sec. 11052. Establishment.
Sec. 11053. Duties of the Commission.
Sec. 11054. Membership.
Sec. 11055. Compensation of the Commission.
Sec. 11056. Staff of Commission; experts and consultants.
Sec. 11057. Powers of the Commission.
Sec. 11058. Report.
Sec. 11059. Termination of Commission.
Sec. 11060. Authorization of appropriations.

                       TITLE II--JUVENILE JUSTICE

              Subtitle A--Juvenile Offender Accountability

Sec. 12101. Short title.
Sec. 12102. Juvenile offender accountability.

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

Sec. 12201. Short title.
Sec. 12202. Findings.
Sec. 12203. Purpose.
Sec. 12204. Definitions.
Sec. 12205. Concentration of Federal effort.
Sec. 12206. Coordinating Council on Juvenile Justice and Delinquency 
          Prevention.
Sec. 12207. Annual report.
Sec. 12208. Allocation.
Sec. 12209. State plans.
Sec. 12210. Juvenile delinquency prevention block grant program.
Sec. 12211. Research; evaluation; technical assistance; training.
Sec. 12212. Demonstration projects.
Sec. 12213. Authorization of appropriations.
Sec. 12214. Administrative authority.
Sec. 12215. Use of funds.
Sec. 12216. Limitations on use of funds.
Sec. 12217. Rules of construction.
Sec. 12218. Leasing surplus Federal property.
Sec. 12219. Issuance of rules.
Sec. 12220. Content of materials.
Sec. 12221. Technical and conforming amendments.
Sec. 12222. Incentive grants for local delinquency prevention programs.
Sec. 12223. Effective date; application of amendments.

                Subtitle C--Juvenile Disposition Hearing

Sec. 12301. Juvenile disposition hearing.

                    TITLE III--INTELLECTUAL PROPERTY

          Subtitle A--Patent and Trademark Office Authorization

Sec. 13101. Short title.
Sec. 13102. Authorization of amounts available to the Patent and 
          Trademark Office.
Sec. 13103. Electronic filing and processing of patent and trademark 
          applications.
Sec. 13104. Strategic plan.
Sec. 13105. Determination of substantial new question of patentability 
          in reexamination proceedings.
Sec. 13106. Appeals in inter partes reexamination proceedings.

    Subtitle B--Intellectual Property and High Technology Technical 
                               Amendments

Sec. 13201. Short title.
Sec. 13202. Clarification of Reexamination Procedure Act of 1999; 
          technical amendments.
Sec. 13203. Patent and Trademark Efficiency Act amendments.
Sec. 13204. Domestic publication of foreign filed Patent Applications 
          Act of 1999 amendments.
Sec. 13205. Domestic publication of patent applications published 
          abroad.
Sec. 13206. Miscellaneous clerical amendments.
Sec. 13207. Technical corrections in trademark law.
Sec. 13208. Patent and trademark fee clerical amendment.
Sec. 13209. Copyright related corrections to 1999 Omnibus Reform Act.
Sec. 13210. Amendments to title 17, United States Code.
Sec. 13211. Other copyright related technical amendments.

             Subtitle C--Educational Use Copyright Exemption

Sec. 13301. Educational use copyright exemption.

               Subtitle D--Madrid Protocol Implementation

Sec. 13401. Short title.
Sec. 13402. Provisions to implement the protocol relating to the Madrid 
          Agreement concerning the international registration of marks.
Sec. 13403. Effective date.

          TITLE IV--ANTITRUST TECHNICAL CORRECTIONS ACT OF 2002

Sec. 14101. Short title.
Sec. 14102. Amendments.
Sec. 14103. Effective date; application of amendments.

     DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS 
                           AUTHORIZATION ACT
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2002 AND 2003

SEC. 101. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED FOR FISCAL YEAR 
              2002.

    There are authorized to be appropriated for fiscal year 2002, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
        (1) General administration.--For General Administration: 
    $92,668,000.
        (2) Administrative review and appeals.--For Administrative 
    Review and Appeals: $173,647,000 for administration of pardon and 
    clemency petitions and for immigration-related activities.
        (3) Office of inspector general.--For the Office of Inspector 
    General: $50,735,000, which shall include for each such fiscal 
    year, not to exceed $10,000 to meet unforeseen emergencies of a 
    confidential character.
        (4) General legal activities.--For General Legal Activities: 
    $549,176,000, which shall include for each such fiscal year--
            (A) not less than $4,000,000 for the investigation and 
        prosecution of denaturalization and deportation cases involving 
        alleged Nazi war criminals; and
            (B) not to exceed $20,000 to meet unforeseen emergencies of 
        a confidential character.
        (5) Antitrust division.--For the Antitrust Division: 
    $130,791,000.
        (6) United states attorneys.--For United States Attorneys: 
    $1,353,968,000, which shall include not less than $10,000,000 for 
    the investigation and prosecution of intellectual property crimes, 
    including software counterfeiting crimes and crimes identified in 
    the No Electronic Theft (NET) Act (Public Law 105-147): Provided, 
    That such amounts in the appropriations account ``General Legal 
    Services'' as may be expended for such investigations or 
    prosecutions shall count towards this minimum as though expended 
    from this appropriations account.
        (7) Federal bureau of investigation.--For the Federal Bureau of 
    Investigation: $3,524,864,000, which shall include for each such 
    fiscal year--
            (A) not to exceed $33,791,000 for construction, to remain 
        available until expended; and
            (B) not to exceed $70,000 to meet unforeseen emergencies of 
        a confidential character.
        (8) United states marshals service.--For the United States 
    Marshals Service: $648,696,000, which shall include for each such 
    fiscal year not to exceed $15,000,000 for construction, to remain 
    available until expended.
        (9) Federal prison system.--For the Federal Prison System, 
    including the National Institute of Corrections: $4,622,152,000.
        (10) Federal prisoner detention.--For the support of United 
    States prisoners in non-Federal institutions, as authorized by 
    section 4013(a) of title 18 of the United States Code: 
    $706,182,000, to remain available until expended.
        (11) Drug enforcement administration.--For the Drug Enforcement 
    Administration: $1,481,783,000, which shall include not to exceed 
    $70,000 to meet unforeseen emergencies of a confidential character.
        (12) Immigration and naturalization service.--For the 
    Immigration and Naturalization Service: $3,499,854,000, which shall 
    include--
            (A) not to exceed $2,739,695,000 for salaries and expenses 
        of enforcement and border affairs (i.e., the Border Patrol, 
        deportation, intelligence, investigations, and inspection 
        programs, and the detention program);
            (B) not to exceed $631,745,000 for salaries and expenses of 
        citizenship and benefits (i.e., programs not included under 
        subparagraph (A));
            (C) for each such fiscal year, not to exceed $128,454,000 
        for construction, to remain available until expended; and
            (D) not to exceed $50,000 to meet unforeseen emergencies of 
        a confidential character.
        (13) Fees and expenses of witnesses.--For Fees and Expenses of 
    Witnesses: $156,145,000 to remain available until expended, which 
    shall include for each such fiscal year not to exceed $6,000,000 
    for construction of protected witness safesites.
        (14) Interagency crime and drug enforcement.--For Interagency 
    Crime and Drug Enforcement: $338,577,000, for expenses not 
    otherwise provided for, for the investigation and prosecution of 
    persons involved in organized crime drug trafficking, except that 
    any funds obligated from appropriations authorized by this 
    paragraph may be used under authorities available to the 
    organizations reimbursed from such funds.
        (15) Foreign claims settlement commission.--For the Foreign 
    Claims Settlement Commission: $1,136,000.
        (16) Community relations service.--For the Community Relations 
    Service: $9,269,000.
        (17) Assets forfeiture fund.--For the Assets Forfeiture Fund: 
    $22,949,000 for expenses authorized by section 524 of title 28, 
    United States Code.
        (18) United states parole commission.--For the United States 
    Parole Commission: $9,876,000.
        (19) Federal detention trustee.--For the necessary expenses of 
    the Federal Detention Trustee: $1,000,000.
        (20) Joint automated booking system.--For expenses necessary 
    for the operation of the Joint Automated Booking System: 
    $1,000,000.
        (21) Narrowband communications.--For the costs of conversion to 
    narrowband communications, including the cost for operation and 
    maintenance of Land Mobile Radio legacy systems: $94,615,000.
        (22) Radiation exposure compensation.--For administrative 
    expenses in accordance with the Radiation Exposure Compensation 
    Act: such sums as necessary.
        (23) Counterterrorism fund.--For the Counterterrorism Fund for 
    necessary expenses, as determined by the Attorney General: 
    $4,989,000.
        (24) Office of justice programs.--For administrative expenses 
    not otherwise provided for, of the Office of Justice Programs: 
    $132,862,000.

SEC. 102. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED FOR FISCAL YEAR 
              2003.

    There are authorized to be appropriated for fiscal year 2003, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
        (1) General administration.--For General Administration: 
    $121,079,000.
        (2) Administrative review and appeals.--For Administrative 
    Review and Appeals: $198,869,000 for administration of pardon and 
    clemency petitions and for immigration-related activities.
        (3) Office of inspector general.--For the Office of Inspector 
    General: $66,288,000, which shall include for each such fiscal 
    year, not to exceed $10,000 to meet unforeseen emergencies of a 
    confidential character.
        (4) General legal activities.--For General Legal Activities: 
    $659,181,000, which shall include for each such fiscal year--
            (A) not less than $4,000,000 for the investigation and 
        prosecution of denaturalization and deportation cases involving 
        alleged Nazi war criminals; and
            (B) not to exceed $20,000 to meet unforeseen emergencies of 
        a confidential character.
        (5) Antitrust division.--For the Antitrust Division: 
    $141,855,000.
        (6) United states attorneys.--For United States Attorneys: 
    $1,550,948,000, which shall include not less than $10,000,000 for 
    the investigation and prosecution of intellectual property crimes, 
    including software counterfeiting crimes and crimes identified in 
    the No Electronic Theft (NET) Act (Public Law 105-147): Provided, 
    That such amounts in the appropriations account ``General Legal 
    Services'' as may be expended for such investigations or 
    prosecutions shall count towards this minimum as though expended 
    from this appropriations account.
        (7) Federal bureau of investigation.--For the Federal Bureau of 
    Investigation: $4,323,912,000, which shall include for each such 
    fiscal year--
            (A) not to exceed $1,250,000 for construction, to remain 
        available until expended; and
            (B) not to exceed $70,000 to meet unforeseen emergencies of 
        a confidential character.
        (8) United states marshals service.--For the United States 
    Marshals Service: $737,346,000, which shall include for each such 
    fiscal year not to exceed $15,153,000 for construction, to remain 
    available until expended.
        (9) Federal prison system.--For the Federal Prison System, 
    including the National Institute of Corrections: $4,605,068,000.
        (10) Drug enforcement administration.--For the Drug Enforcement 
    Administration: $1,582,044,000, which shall include not to exceed 
    $70,000 to meet unforeseen emergencies of a confidential character.
        (11) Immigration and naturalization service.--For the 
    Immigration and Naturalization Service: $4,131,811,000, which shall 
    include--
            (A) not to exceed $3,253,561,000 for salaries and expenses 
        of Border Patrol, detention and removals, intelligence, 
        investigations, inspections, and international enforcement, 
        including not to exceed $50,000 to meet unforeseen emergencies 
        of a confidential character;
            (B) not to exceed $88,598,000 for salaries and expenses of 
        immigration services, including international services; and
            (C) not to exceed $789,652,000 for salaries and expenses 
        for support and administration (i.e., data and communications, 
        information and records management, construction, etc.).
        (12) Fees and expenses of witnesses.--For Fees and Expenses of 
    Witnesses: $156,145,000 to remain available until expended, which 
    shall include for each such fiscal year not to exceed $6,000,000 
    for construction of protected witness safesites.
        (13) Interagency crime and drug enforcement.--For Interagency 
    Crime and Drug Enforcement: $362,131,000, for expenses not 
    otherwise provided for, for the investigation and prosecution of 
    persons involved in organized crime drug trafficking, except that 
    any funds obligated from appropriations authorized by this 
    paragraph may be used under authorities available to the 
    organizations reimbursed from such funds.
        (14) Foreign claims settlement commission.--For the Foreign 
    Claims Settlement Commission: $1,194,000.
        (15) Community relations service.--For the Community Relations 
    Service: $10,732,000.
        (16) Assets forfeiture fund.--For the Assets Forfeiture Fund: 
    $22,949,000 for expenses authorized by section 524 of title 28, 
    United States Code.
        (17) United states parole commission.--For the United States 
    Parole Commission: $11,355,000.
        (18) Federal detention trustee.--For the necessary expenses of 
    the Federal Detention Trustee: $1,388,583,000.
        (19) Identification system integration.--For expenses necessary 
    for the operation of the Identification System Integration: 
    $24,505,000.
        (20) Narrowband communications.--For the costs of conversion to 
    narrowband communications, including the cost for operation and 
    maintenance of Land Mobile Radio legacy systems: $149,292,000.
        (21) Radiation exposure compensation.--For administrative 
    expenses in accordance with the Radiation Exposure Compensation 
    Act: such sums as necessary.
        (22) Counterterrorism fund.--For the Counterterrorism Fund for 
    necessary expenses, as determined by the Attorney General: 
    $35,000,000.
        (23) Office of justice programs.--For administrative expenses 
    not otherwise provided for, of the Office of Justice Programs: 
    $215,811,000.
        (24) Legal activities office.--For necessary expenses related 
    to office automation: $15,942,000.

SEC. 103. APPOINTMENT OF ADDITIONAL ASSISTANT UNITED STATES ATTORNEYS; 
              REDUCTION OF CERTAIN LITIGATION POSITIONS.

    (a) Appointments.--Not later than September 30, 2003, the Attorney 
General may exercise authority under section 542 of title 28, United 
States Code, to appoint 200 assistant United States attorneys in 
addition to the number of assistant United States attorneys serving on 
the date of the enactment of this Act.
    (b) Selection of Appointees.--Individuals first appointed under 
subsection (a) shall be appointed from among attorneys who are 
incumbents of 200 full-time litigation positions in divisions of the 
Department of Justice and whose official duty station is at the seat of 
Government.
    (c) Termination of Positions.--Each of the 200 litigation positions 
that become vacant by reason of an appointment made in accordance with 
subsections (a) and (b) shall be terminated at the time the vacancy 
arises.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 104. AUTHORIZATION FOR ADDITIONAL ASSISTANT UNITED STATES 
              ATTORNEYS FOR PROJECT SAFE NEIGHBORHOODS.

    (a) In General.--The Attorney General shall establish a program for 
each United States Attorney to provide for coordination with State and 
local law enforcement officials in the identification and prosecution 
of violations of Federal firearms laws including school gun violence 
and juvenile gun offenses.
    (b) Authorization for Hiring 94 Additional Assistant United States 
Attorneys.--There are authorized to be appropriated to carry out this 
section $9,000,000 for fiscal year 2002 to hire an additional Assistant 
United States Attorney in each United States Attorney Office.

                TITLE II--PERMANENT ENABLING PROVISIONS

SEC. 201. PERMANENT AUTHORITY.

    (a) In General.--Chapter 31 of title 28, United States Code, is 
amended by adding at the end the following:

``Sec. 530C. Authority to use available funds

    ``(a) In General.--Except to the extent provided otherwise by law, 
the activities of the Department of Justice (including any bureau, 
office, board, division, commission, subdivision, unit, or other 
component thereof) may, in the reasonable discretion of the Attorney 
General, be carried out through any means, including--
        ``(1) through the Department's own personnel, acting within, 
    from, or through the Department itself;
        ``(2) by sending or receiving details of personnel to other 
    branches or agencies of the Federal Government, on a reimbursable, 
    partially-reimbursable, or nonreimbursable basis;
        ``(3) through reimbursable agreements with other Federal 
    agencies for work, materials, or equipment;
        ``(4) through contracts, grants, or cooperative agreements with 
    non-Federal parties; and
        ``(5) as provided in subsection (b), in section 524, and in any 
    other provision of law consistent herewith, including, without 
    limitation, section 102(b) of Public Law 102-395 (106 Stat. 1838), 
    as incorporated by section 815(d) of Public Law 104-132 (110 Stat. 
    1315).
    ``(b) Permitted Uses.--
        ``(1) General permitted uses.--Funds available to the Attorney 
    General (i.e., all funds available to carry out the activities 
    described in subsection (a)) may be used, without limitation, for 
    the following:
            ``(A) The purchase, lease, maintenance, and operation of 
        passenger motor vehicles, or police-type motor vehicles for law 
        enforcement purposes, without regard to general purchase price 
        limitation for the then-current fiscal year.
            ``(B) The purchase of insurance for motor vehicles, boats, 
        and aircraft operated in official Government business in 
        foreign countries.
            ``(C) Services of experts and consultants, including 
        private counsel, as authorized by section 3109 of title 5, and 
        at rates of pay for individuals not to exceed the maximum daily 
        rate payable from time to time under section 5332 of title 5.
            ``(D) Official reception and representation expenses (i.e., 
        official expenses of a social nature intended in whole or in 
        predominant part to promote goodwill toward the Department or 
        its missions, but excluding expenses of public tours of 
        facilities of the Department of Justice), in accordance with 
        distributions and procedures established, and rules issued, by 
        the Attorney General, and expenses of public tours of 
        facilities of the Department of Justice.
            ``(E) Unforeseen emergencies of a confidential character, 
        to be expended under the direction of the Attorney General and 
        accounted for solely on the certificate of the Attorney 
        General.
            ``(F) Miscellaneous and emergency expenses authorized or 
        approved by the Attorney General, the Deputy Attorney General, 
        the Associate Attorney General, or the Assistant Attorney 
        General for Administration.
            ``(G) In accordance with procedures established and rules 
        issued by the Attorney General--
                ``(i) attendance at meetings and seminars;
                ``(ii) conferences and training; and
                ``(iii) advances of public moneys under section 3324 of 
            title 31: Provided, That travel advances of such moneys to 
            law enforcement personnel engaged in undercover activity 
            shall be considered to be public money for purposes of 
            section 3527 of title 31.
            ``(H) Contracting with individuals for personal services 
        abroad, except that such individuals shall not be regarded as 
        employees of the United States for the purpose of any law 
        administered by the Office of Personnel Management.
            ``(I) Payment of interpreters and translators who are not 
        citizens of the United States, in accordance with procedures 
        established and rules issued by the Attorney General.
            ``(J) Expenses or allowances for uniforms as authorized by 
        section 5901 of title 5, but without regard to the general 
        purchase price limitation for the then-current fiscal year.
            ``(K) Expenses of--
                ``(i) primary and secondary schooling for dependents of 
            personnel stationed outside the United States at cost not 
            in excess of those authorized by the Department of Defense 
            for the same area, when it is determined by the Attorney 
            General that schools available in the locality are unable 
            to provide adequately for the education of such dependents; 
            and
                ``(ii) transportation of those dependents between their 
            place of residence and schools serving the area which those 
            dependents would normally attend when the Attorney General, 
            under such regulations as he may prescribe, determines that 
            such schools are not accessible by public means of 
            transportation.
            ``(L) payment of rewards (i.e., payments pursuant to public 
        advertisements for assistance to the Department of Justice), in 
        accordance with procedures and regulations established or 
        issued by the Attorney General: Provided, That--
                ``(i) no such reward shall exceed $2,000,000, unless--

                    ``(I) the reward is to combat domestic terrorism or 
                international terrorism (as defined in section 2331 of 
                title 18); or
                    ``(II) a statute should authorize a higher amount;

                ``(ii) no such reward of $250,000 or more may be made 
            or offered without the personal approval of either the 
            Attorney General or the President;
                ``(iii) the Attorney General shall give written notice 
            to the Chairmen and ranking minority members of the 
            Committees on Appropriations and the Judiciary of the 
            Senate and of the House of Representatives not later than 
            30 days after the approval of a reward under clause (ii);
                ``(iv) any executive agency or military department (as 
            defined, respectively, in sections 105 and 102 of title 5) 
            may provide the Attorney General with funds for the payment 
            of rewards; and
                ``(v) neither the failure of the Attorney General to 
            authorize a payment nor the amount authorized shall be 
            subject to judicial review.
        ``(2) Specific permitted uses.--
            ``(A) Aircraft and boats.--Funds available to the Attorney 
        General for United States Attorneys, for the Federal Bureau of 
        Investigation, for the United States Marshals Service, for the 
        Drug Enforcement Administration, and for the Immigration and 
        Naturalization Service may be used for the purchase, lease, 
        maintenance, and operation of aircraft and boats, for law 
        enforcement purposes.
            ``(B) Purchase of ammunition and firearms; firearms 
        competitions.--Funds available to the Attorney General for 
        United States Attorneys, for the Federal Bureau of 
        Investigation, for the United States Marshals Service, for the 
        Drug Enforcement Administration, for the Federal Prison System, 
        for the Office of the Inspector General, and for the 
        Immigration and Naturalization Service may be used for--
                ``(i) the purchase of ammunition and firearms; and
                ``(ii) participation in firearms competitions.
            ``(C) Construction.--Funds available to the Attorney 
        General for construction may be used for expenses of planning, 
        designing, acquiring, building, constructing, activating, 
        renovating, converting, expanding, extending, remodeling, 
        equipping, repairing, or maintaining buildings or facilities, 
        including the expenses of acquisition of sites therefor, and 
        all necessary expenses incident or related thereto; but the 
        foregoing shall not be construed to mean that funds generally 
        available for salaries and expenses are not also available for 
        certain incidental or minor construction, activation, 
        remodeling, maintenance, and other related construction costs.
        ``(3) Fees and expenses of witnesses.--Funds available to the 
    Attorney General for fees and expenses of witnesses may be used 
    for--
            ``(A) expenses, mileage, compensation, protection, and per 
        diem in lieu of subsistence, of witnesses (including advances 
        of public money) and as authorized by section 1821 or other 
        law, except that no witness may be paid more than 1 attendance 
        fee for any 1 calendar day;
            ``(B) fees and expenses of neutrals in alternative dispute 
        resolution proceedings, where the Department of Justice is a 
        party; and
            ``(C) construction of protected witness safesites.
        ``(4) Federal bureau of investigation.--Funds available to the 
    Attorney General for the Federal Bureau of Investigation for the 
    detection, investigation, and prosecution of crimes against the 
    United States may be used for the conduct of all its authorized 
    activities.
        ``(5) Immigration and naturalization service.--Funds available 
    to the Attorney General for the Immigration and Naturalization 
    Service may be used for--
            ``(A) acquisition of land as sites for enforcement fences, 
        and construction incident to such fences;
            ``(B) cash advances to aliens for meals and lodging en 
        route;
            ``(C) refunds of maintenance bills, immigration fines, and 
        other items properly returnable, except deposits of aliens who 
        become public charges and deposits to secure payment of fines 
        and passage money; and
            ``(D) expenses and allowances incurred in tracking lost 
        persons, as required by public exigencies, in aid of State or 
        local law enforcement agencies.
        ``(6) Federal prison system.--Funds available to the Attorney 
    General for the Federal Prison System may be used for--
            ``(A) inmate medical services and inmate legal services, 
        within the Federal prison system;
            ``(B) the purchase and exchange of farm products and 
        livestock;
            ``(C) the acquisition of land as provided in section 4010 
        of title 18; and
            ``(D) the construction of buildings and facilities for 
        penal and correctional institutions (including prison camps), 
        by contract or force account, including the payment of United 
        States prisoners for their work performed in any such 
        construction;
    except that no funds may be used to distribute or make available to 
    a prisoner any commercially published information or material that 
    is sexually explicit or features nudity.
        ``(7) Detention trustee.--Funds available to the Attorney 
    General for the Detention Trustee may be used for all the 
    activities of such Trustee in the exercise of all power and 
    functions authorized by law relating to the detention of Federal 
    prisoners in non-Federal institutions or otherwise in the custody 
    of the United States Marshals Service and to the detention of 
    aliens in the custody of the Immigration and Naturalization 
    Service, including the overseeing of construction of detention 
    facilities or for housing related to such detention, the management 
    of funds appropriated to the Department for the exercise of 
    detention functions, and the direction of the United States 
    Marshals Service and Immigration Service with respect to the 
    exercise of detention policy setting and operations for the 
    Department of Justice.
    ``(c) Related Provisions.--
        ``(1) Limitation of compensation of individuals employed as 
    attorneys.--No funds available to the Attorney General may be used 
    to pay compensation for services provided by an individual employed 
    as an attorney (other than an individual employed to provide 
    services as a foreign attorney in special cases) unless such 
    individual is duly licensed and authorized to practice as an 
    attorney under the law of a State, a territory of the United 
    States, or the District of Columbia.
        ``(2) Reimbursements paid to governmental entities.--Funds 
    available to the Attorney General that are paid as reimbursement to 
    a governmental unit of the Department of Justice, to another 
    Federal entity, or to a unit of State or local government, may be 
    used under authorities available to the unit or entity receiving 
    such reimbursement.
    ``(d) Foreign Reimbursements.--Whenever the Department of Justice 
or any component participates in a cooperative project to improve law 
enforcement or national security operations or services with a friendly 
foreign country on a cost-sharing basis, any reimbursements or 
contributions received from that foreign country to meet its share of 
the project may be credited to appropriate current appropriations 
accounts of the Department of Justice or any component. The amount of a 
reimbursement or contribution credited shall be available only for 
payment of the share of the project expenses allocated to the 
participating foreign country.
    ``(e) Railroad Police Training Fees.--The Attorney General is 
authorized to establish and collect a fee to defray the costs of 
railroad police officers participating in a Federal Bureau of 
Investigation law enforcement training program authorized by Public Law 
106-110, and to credit such fees to the appropriation account `Federal 
Bureau of Investigation, Salaries and Expenses', to be available until 
expended for salaries and expenses incurred in providing such services.
    ``(f) Warranty Work.--In instances where the Attorney General 
determines that law enforcement-, security-, or mission-related 
considerations mitigate against obtaining maintenance or repair 
services from private sector entities for equipment under warranty, the 
Attorney General is authorized to seek reimbursement from such entities 
for warranty work performed at Department of Justice facilities, and to 
credit any payment made for such work to any appropriation charged 
therefor.''.
    (b) Conforming Amendment.--The table of sections of chapter 31 of 
title 28, United States Code, is amended by adding at the end the 
following:
``530C. Authority to use available funds.''.

SEC. 202. PERMANENT AUTHORITY RELATING TO ENFORCEMENT OF LAWS.

    (a) In General.--Chapter 31 of title 28, United States Code (as 
amended by section 201), is amended by adding at the end the following:

``Sec. 530D. Report on enforcement of laws

    ``(a) Report.--
        ``(1) In general.--The Attorney General shall submit to the 
    Congress a report of any instance in which the Attorney General or 
    any officer of the Department of Justice--
            ``(A) establishes or implements a formal or informal policy 
        to refrain--
                ``(i) from enforcing, applying, or administering any 
            provision of any Federal statute, rule, regulation, 
            program, policy, or other law whose enforcement, 
            application, or administration is within the responsibility 
            of the Attorney General or such officer on the grounds that 
            such provision is unconstitutional; or
                ``(ii) within any judicial jurisdiction of or within 
            the United States, from adhering to, enforcing, applying, 
            or complying with, any standing rule of decision (binding 
            upon courts of, or inferior to those of, that jurisdiction) 
            established by a final decision of any court of, or 
            superior to those of, that jurisdiction, respecting the 
            interpretation, construction, or application of the 
            Constitution, any statute, rule, regulation, program, 
            policy, or other law whose enforcement, application, or 
            administration is within the responsibility of the Attorney 
            General or such officer;
            ``(B) determines--
                ``(i) to contest affirmatively, in any judicial, 
            administrative, or other proceeding, the constitutionality 
            of any provision of any Federal statute, rule, regulation, 
            program, policy, or other law; or
                ``(ii) to refrain (on the grounds that the provision is 
            unconstitutional) from defending or asserting, in any 
            judicial, administrative, or other proceeding, the 
            constitutionality of any provision of any Federal statute, 
            rule, regulation, program, policy, or other law, or not to 
            appeal or request review of any judicial, administrative, 
            or other determination adversely affecting the 
            constitutionality of any such provision; or
            ``(C) approves (other than in circumstances in which a 
        report is submitted to the Joint Committee on Taxation, 
        pursuant to section 6405 of the Internal Revenue Code of 1986) 
        the settlement or compromise (other than in bankruptcy) of any 
        claim, suit, or other action--
                ``(i) against the United States (including any agency 
            or instrumentality thereof) for a sum that exceeds, or is 
            likely to exceed, $2,000,000, excluding prejudgment 
            interest; or
                ``(ii) by the United States (including any agency or 
            instrumentality thereof) pursuant to an agreement, consent 
            decree, or order (or pursuant to any modification of an 
            agreement, consent decree, or order) that provides 
            injunctive or other nonmonetary relief that exceeds, or is 
            likely to exceed, 3 years in duration: Provided, That for 
            purposes of this clause, the term ``injunctive or other 
            nonmonetary relief'' shall not be understood to include the 
            following, where the same are a matter of public record--

                    ``(I) debarments, suspensions, or other exclusions 
                from Government contracts or grants;
                    ``(II) mere reporting requirements or agreements 
                (including sanctions for failure to report);
                    ``(III) requirements or agreements merely to comply 
                with statutes or regulations;
                    ``(IV) requirements or agreements to surrender 
                professional licenses or to cease the practice of 
                professions, occupations, or industries;
                    ``(V) any criminal sentence or any requirements or 
                agreements to perform community service, to serve 
                probation, or to participate in supervised release from 
                detention, confinement, or prison; or
                    ``(VI) agreements to cooperate with the government 
                in investigations or prosecutions (whether or not the 
                agreement is a matter of public record).

        ``(2) Submission of report to the congress.--For the purposes 
    of paragraph (1), a report shall be considered to be submitted to 
    the Congress if the report is submitted to--
            ``(A) the majority leader and minority leader of the 
        Senate;
            ``(B) the Speaker, majority leader, and minority leader of 
        the House of Representatives;
            ``(C) the chairman and ranking minority member of the 
        Committee on the Judiciary of the House of Representatives and 
        the chairman and ranking minority member of the Committee on 
        the Judiciary of the Senate; and
            ``(D) the Senate Legal Counsel and the General Counsel of 
        the House of Representatives.
    ``(b) Deadline.--A report shall be submitted--
        ``(1) under subsection (a)(1)(A), not later than 30 days after 
    the establishment or implementation of each policy;
        ``(2) under subsection (a)(1)(B), within such time as will 
    reasonably enable the House of Representatives and the Senate to 
    take action, separately or jointly, to intervene in timely fashion 
    in the proceeding, but in no event later than 30 days after the 
    making of each determination; and
        ``(3) under subsection (a)(1)(C), not later than 30 days after 
    the conclusion of each fiscal-year quarter, with respect to all 
    approvals occurring in such quarter.
    ``(c) Contents.--A report required by subsection (a) shall--
        ``(1) specify the date of the establishment or implementation 
    of the policy described in subsection (a)(1)(A), of the making of 
    the determination described in subsection (a)(1)(B), or of each 
    approval described in subsection (a)(1)(C);
        ``(2) include a complete and detailed statement of the relevant 
    issues and background (including a complete and detailed statement 
    of the reasons for the policy or determination, and the identity of 
    the officer responsible for establishing or implementing such 
    policy, making such determination, or approving such settlement or 
    compromise), except that--
            ``(A) such details may be omitted as may be absolutely 
        necessary to prevent improper disclosure of national-security- 
        or classified information, of any information subject to the 
        deliberative-process-, executive-, attorney-work-product-, or 
        attorney-client privileges, or of any information the 
        disclosure of which is prohibited by section 6103 of the 
        Internal Revenue Code of 1986, or other law or any court order 
        if the fact of each such omission (and the precise ground or 
        grounds therefor) is clearly noted in the statement: Provided, 
        That this subparagraph shall not be construed to deny to the 
        Congress (including any House, Committee, or agency thereof) 
        any such omitted details (or related information) that it 
        lawfully may seek, subsequent to the submission of the report; 
        and
            ``(B) the requirements of this paragraph shall be deemed 
        satisfied--
                ``(i) in the case of an approval described in 
            subsection (a)(1)(C)(i), if an unredacted copy of the 
            entire settlement agreement and consent decree or order (if 
            any) is provided, along with a statement indicating the 
            legal and factual basis or bases for the settlement or 
            compromise (if not apparent on the face of documents 
            provided); and
                ``(ii) in the case of an approval described in 
            subsection (a)(1)(C)(ii), if an unredacted copy of the 
            entire settlement agreement and consent decree or order (if 
            any) is provided, along with a statement indicating the 
            injunctive or other nonmonetary relief (if not apparent on 
            the face of documents provided); and
        ``(3) in the case of a determination described in subsection 
    (a)(1)(B) or an approval described in subsection (a)(1)(C), 
    indicate the nature, tribunal, identifying information, and status 
    of the proceeding, suit, or action.
    ``(d) Declaration.--In the case of a determination described in 
subsection (a)(1)(B), the representative of the United States 
participating in the proceeding shall make a clear declaration in the 
proceeding that any position expressed as to the constitutionality of 
the provision involved is the position of the executive branch of the 
Federal Government (or, as applicable, of the President or of any 
executive agency or military department).
    ``(e) Applicability to the President and to Executive Agencies and 
Military Departments.--The reporting, declaration, and other provisions 
of this section relating to the Attorney General and other officers of 
the Department of Justice shall apply to the President (but only with 
respect to the promulgation of any unclassified Executive order or 
similar memorandum or order), to the head of each executive agency or 
military department (as defined, respectively, in sections 105 and 102 
of title 5, United States Code) that establishes or implements a policy 
described in subsection (a)(1)(A) or is authorized to conduct 
litigation, and to the officers of such executive agency.''.
    (b) Conforming Amendments.--
        (1) The table of sections for chapter 31 of title 28, United 
    States Code (as amended by section 201), is amended by adding at 
    the end the following:

``530D. Report on enforcement of laws.''.

        (2) Section 712 of Public Law 95-521 (92 Stat. 1883) is amended 
    by striking subsection (b) and inserting:
    ``(b) The Attorney General shall notify Counsel as required by 
section 530D of title 28.''.
        (3) Not later than 30 days after the date of the enactment of 
    this Act, the President shall advise the head of each executive 
    agency or military department (as defined, respectively, in 
    sections 105 and 102 of title 5, United States Code) of the 
    enactment of this section.
        (4)(A) Not later than 90 days after the date of the enactment 
    of this Act, the Attorney General (and, as applicable, the 
    President, and the head of any executive agency or military 
    department described in subsection (e) of section 530D of title 28, 
    United States Code, as added by subsection (a)) shall submit to 
    Congress a report (in accordance with subsections (a), (c), and (e) 
    of such section) on--
            (i) all policies of which the Attorney General and 
        applicable official are aware described in subsection (a)(1)(A) 
        of such section that were established or implemented before the 
        date of the enactment of this Act and were in effect on such 
        date; and
            (ii) all determinations of which the Attorney General and 
        applicable official are aware described in subsection (a)(1)(B) 
        of such section that were made before the date of the enactment 
        of this Act and were in effect on such date.
        (B) If a determination described in subparagraph (A)(ii) 
    relates to any judicial, administrative, or other proceeding that 
    is pending in the 90-day period beginning on the date of the 
    enactment of this Act, with respect to any such determination, then 
    the report required by this paragraph shall be submitted within 
    such time as will reasonably enable the House of Representatives 
    and the Senate to take action, separately or jointly, to intervene 
    in timely fashion in the proceeding, but not later than 30 days 
    after the date of the enactment of this Act.
        (5) Section 101 of Public Law 106-57 (113 Stat. 414) is amended 
    by striking subsection (b).

SEC. 203. MISCELLANEOUS USES OF FUNDS; TECHNICAL AMENDMENTS.

    (a) Bureau of Justice Assistance Grant Programs.--Title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended--
        (1) in section 504(a) by striking ``502'' and inserting 
    ``501(b)'';
        (2) in section 506(a)(1) by striking ``participating'';
        (3) in section 510(a)(3) by striking ``502'' and inserting 
    ``501(b)'';
        (4) in section 510 by adding at the end the following:
    ``(d) No grants or contracts under subsection (b) may be made, 
entered into, or used, directly or indirectly, to provide any security 
enhancements or any equipment to any non-governmental entity that is 
not engaged in law enforcement or law enforcement support, criminal or 
juvenile justice, or delinquency prevention.''; and
        (5) in section 511 by striking ``503'' and inserting 
    ``501(b)''.
    (b) Attorneys Specially Retained by the Attorney General.--The 3d 
sentence of section 515(b) of title 28, United States Code, is amended 
by striking ``at not more than $12,000''.

SEC. 204. TECHNICAL AND MISCELLANEOUS AMENDMENTS TO DEPARTMENT OF 
              JUSTICE AUTHORITIES; AUTHORITY TO TRANSFER PROPERTY OF 
              MARGINAL VALUE; RECORDKEEPING; PROTECTION OF THE ATTORNEY 
              GENERAL.

    (a) Section 524 of title 28, United States Code, is amended--
        (1) in subsection (a) by inserting ``to the Attorney General'' 
    after ``available'';
        (2) in subsection (c)(1)--
            (A) by striking the semicolon at the end of the 1st 
        subparagraph (I) and inserting a period;
            (B) by striking the 2d subparagraph (I);
            (C) by striking ``(A)(iv), (B), (F), (G), and (H)'' in the 
        first sentence following the second subparagraph (I) and 
        inserting ``(B), (F), and (G)''; and
            (D) by striking ``fund'' in the 3d sentence following the 
        2d subparagraph (I) and inserting ``Fund'';
        (3) in subsection (c)(2)--
            (A) by inserting before the period in the last sentence ``, 
        without both the personal approval of the Attorney General and 
        written notice within 30 days thereof to the Chairmen and 
        ranking minority members of the Committees on Appropriations 
        and the Judiciary of the Senate and of the House of 
        Representatives'';
            (B) by striking ``for information'' each place it appears; 
        and
            (C) by striking ``$250,000'' the 2d and 3d places it 
        appears and inserting ``$500,000'';
        (4) in subsection (c)(3) by striking ``(F)'' and inserting 
    ``(G)'';
        (5) in subsection (c)(5) by striking ``Fund which'' and 
    inserting ``Fund, that'';
        (6) in subsection (c)(8)(A), by striking ``(A)(iv), (B), (F), 
    (G), and (H)'' and inserting ``(B), (F), and (G)''; and
        (7) in subsection (c)(9)(B)--
            (A) by striking ``year 1997'' and inserting ``years 2002 
        and 2003''; and
            (B) by striking ``Such transfer shall not'' and inserting 
        ``Each such transfer shall be subject to satisfaction by the 
        recipient involved of any outstanding lien against the property 
        transferred, but no such transfer shall''.
    (b) Section 522 of title 28, United States Code, is amended by 
inserting ``(a)'' before ``The'', and by inserting at the end the 
following:
    ``(b) With respect to any data, records, or other information 
acquired, collected, classified, preserved, or published by the 
Attorney General for any statistical, research, or other aggregate 
reporting purpose beginning not later than 1 year after the date of 
enactment of 21st Century Department of Justice Appropriations 
Authorization Act and continuing thereafter, and notwithstanding any 
other provision of law, the same criteria shall be used (and shall be 
required to be used, as applicable) to classify or categorize offenders 
and victims (in the criminal context), and to classify or categorize 
actors and acted upon (in the noncriminal context).''.
    (c) Section 534(a)(3) of title 28, United States Code, is amended 
by adding ``and'' after the semicolon.
    (d) Section 509(3) of title 28, United States Code, is amended by 
striking the 2d period.
    (e) Section 533 of title 28, United States Code, is amended--
        (1) by redesignating paragraph (3) as paragraph (4); and
        (2) by adding after paragraph (2) a new paragraph as follows:
        ``(3) to assist in the protection of the person of the Attorney 
    General.''.
    (f) No compensation or reimbursement paid pursuant to section 
501(a) of Public Law 99-603 (100 Stat. 3443) or section 241(i) of the 
Act of June 27, 1952 (ch. 477) shall be subject to section 6503(d) of 
title 31, United States Code, and no funds available to the Attorney 
General may be used to pay any assessment made pursuant to such section 
6503 with respect to any such compensation or reimbursement.
    (g) Section 108 of Public Law 103-121 (107 Stat. 1164) is amended 
by replacing ``three'' with ``six'', by replacing ``only'' with ``, 
first,'', and by replacing ``litigation.'' with ``litigation, and, 
thereafter, for financial systems, and other personnel, administrative, 
and litigation expenses of debt collection activities.''.

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

    (a) Section 529 of title 28, United States Code, is amended by 
inserting ``(a)'' before ``Beginning'', and by adding at the end the 
following:
    ``(b) Notwithstanding any provision of law limiting the amount of 
management or administrative expenses, the Attorney General shall, not 
later than May 2, 2003, and of every year thereafter, prepare and 
provide to the Committees on the Judiciary and Appropriations of each 
House of the Congress using funds available for the underlying 
programs--
        ``(1) a report identifying and describing every grant (other 
    than one made to a governmental entity, pursuant to a statutory 
    formula), cooperative agreement, or programmatic services contract 
    that was made, entered into, awarded, or, for which additional or 
    supplemental funds were provided in the immediately preceding 
    fiscal year, by or on behalf of the Office of Justice Programs 
    (including any component or unit thereof, and the Office of 
    Community Oriented Policing Services), and including, without 
    limitation, for each such grant, cooperative agreement, or 
    contract: the term, the dollar amount or value, a description of 
    its specific purpose or purposes, the names of all grantees or 
    parties, the names of each unsuccessful applicant or bidder, and a 
    description of the specific purpose or purposes proposed in each 
    unsuccessful application or bid, and of the reason or reasons for 
    rejection or denial of the same; and
        ``(2) a report identifying and reviewing every grant (other 
    than one made to a governmental entity, pursuant to a statutory 
    formula), cooperative agreement, or programmatic services contract 
    over $5,000,000 made, entered into, awarded, or for which 
    additional or supplemental funds were provided, after October 1, 
    2002, by or on behalf of the Office of Justice Programs (including 
    any component or unit thereof, and the Office of Community Oriented 
    Policing Services) that was programmatically and financially closed 
    out or that otherwise ended in the immediately preceding fiscal 
    year (or even if not yet closed out, was terminated or otherwise 
    ended in the fiscal year that ended 2 years before the end of such 
    immediately preceding fiscal year), and including, without 
    limitation, for each such grant, cooperative agreement, or 
    contract: a description of how the appropriated funds involved 
    actually were spent, statistics relating to its performance, its 
    specific purpose or purposes, and its effectiveness, and a written 
    declaration by each non-Federal grantee and each non-Federal party 
    to such agreement or to such contract, that--
            ``(A) the appropriated funds were spent for such purpose or 
        purposes, and only such purpose or purposes;
            ``(B) the terms of the grant, cooperative agreement, or 
        contract were complied with; and
            ``(C) all documentation necessary for conducting a full and 
        proper audit under generally accepted accounting principles, 
        and any (additional) documentation that may have been required 
        under the grant, cooperative agreement, or contract, have been 
        kept in orderly fashion and will be preserved for not less than 
        3 years from the date of such close out, termination, or end;
    except that the requirement of this paragraph shall be deemed 
    satisfied with respect to any such description, statistics, or 
    declaration if such non-Federal grantee or such non-Federal party 
    shall have failed to provide the same to the Attorney General, and 
    the Attorney General notes the fact of such failure and the name of 
    such grantee or such party in the report.''.
    (b) Section 1913 of title 18, United States Code, is amended by 
striking ``to favor'' and inserting ``a jurisdiction, or an official of 
any government, to favor, adopt,'', by inserting ``, law, ratification, 
policy,'' after ``legislation'' every place it appears, by striking 
``by Congress'' the 2d place it appears, by inserting ``or such 
official'' before ``, through the proper'', by inserting ``, measure,'' 
before ``or resolution'', by striking ``Members of Congress on the 
request of any Member'' and inserting ``any such Member or official, at 
his request,'', by striking ``for legislation'' and inserting ``for any 
legislation'', and by striking the period and the paragraph following 
``business'' and inserting ``, or from making any communication whose 
prohibition by this section might, in the opinion of the Attorney 
General, violate the Constitution or interfere with the conduct of 
foreign policy, counter-intelligence, intelligence, or national 
security activities. Violations of this section shall constitute 
violations of section 1352(a) of title 31.''.
    (c) Section 1516(a) of title 18, United States Code, is amended by 
inserting ``, entity, or program'' after ``person'', and by inserting 
``grant, or cooperative agreement,'' after ``subcontract,''.
    (d) Section 112 of title I of section 101(b) of division A of 
Public Law 105-277 (112 Stat. 2681-67) is amended by striking ``fiscal 
year'' and all that follows through ``Justice--'', and inserting ``any 
fiscal year the Attorney General--''.
    (e) Section 2320(f) of title 18, United States Code, is amended--
        (1) by striking ``title 18'' each place it appears and 
    inserting ``this title''; and
        (2) by redesignating paragraphs (1) through (4) as 
    subparagraphs (A) through (D), respectively;
        (3) by inserting ``(1)'' after ``(f)''; and
        (4) by adding at the end the following:
    ``(2)(A) The report under paragraph (1), with respect to criminal 
infringement of copyright, shall include the following:
        ``(i) The number of infringement cases in these categories: 
    audiovisual (videos and films); audio (sound recordings); literary 
    works (books and musical compositions); computer programs; video 
    games; and, others.
        ``(ii) The number of online infringement cases.
        ``(iii) The number and dollar amounts of fines assessed in 
    specific categories of dollar amounts. These categories shall be: 
    no fines ordered; fines under $500; fines from $500 to $1,000; 
    fines from $1,000 to $5,000; fines from $5,000 to $10,000; and 
    fines over $10,000.
        ``(iv) The total amount of restitution ordered in all copyright 
    infringement cases.
    ``(B) In this paragraph, the term `online infringement cases' as 
used in paragraph (2) means those cases where the infringer--
        ``(i) advertised or publicized the infringing work on the 
    Internet; or
        ``(ii) made the infringing work available on the Internet for 
    download, reproduction, performance, or distribution by other 
    persons.
    ``(C) The information required under subparagraph (A) shall be 
submitted in the report required in fiscal year 2005 and thereafter.''.

SEC. 206. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY ATTORNEY GENERAL.

    Section 535 of title 28, United States Code, is amended in 
subsections (a) and (b), by replacing ``title 18'' with ``Federal 
criminal law'', and in subsection (b), by replacing ``or complaint'' 
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:

``Sec. 5757. Extended assignment incentive

    ``(a) The head of an Executive agency may pay an extended 
assignment incentive to an employee if--
        ``(1) the employee has completed at least 2 years of continuous 
    service in 1 or more civil service positions located in a territory 
    or possession of the United States, the Commonwealth of Puerto 
    Rico, or the Commonwealth of the Northern Mariana Islands;
        ``(2) the agency determines that replacing the employee with 
    another employee possessing the required qualifications and 
    experience would be difficult; and
        ``(3) the agency determines it is in the best interest of the 
    Government to encourage the employee to complete a specified 
    additional period of employment with the agency in the territory or 
    possession, the Commonwealth of Puerto Rico or Commonwealth of the 
    Northern Mariana Islands, except that the total amount of service 
    performed in a particular territory, commonwealth, or possession 
    under 1 or more agreements established under this section may not 
    exceed 5 years.
    ``(b) The sum of extended assignment incentive payments for a 
service period may not exceed the greater of--
        ``(1) an amount equal to 25 percent of the annual rate of basic 
    pay of the employee at the beginning of the service period, times 
    the number of years in the service period; or
        ``(2) $15,000 per year in the service period.
    ``(c)(1) Payment of an extended assignment incentive shall be 
contingent upon the employee entering into a written agreement with the 
agency specifying the period of service and other terms and conditions 
under which the extended assignment incentive is payable.
    ``(2) The agreement shall set forth the method of payment, 
including any use of an initial lump-sum payment, installment payments, 
or a final lump-sum payment upon completion of the entire period of 
service.
    ``(3) The agreement shall describe the conditions under which the 
extended assignment incentive may be canceled prior to the completion 
of agreed-upon service period and the effect of the cancellation. The 
agreement shall require that if, at the time of cancellation of the 
incentive, the employee has received incentive payments which exceed 
the amount which bears the same relationship to the total amount to be 
paid under the agreement as the completed service period bears to the 
agreed-upon service period, the employee shall repay that excess 
amount, at a minimum, except that an employee who is involuntarily 
reassigned to a position stationed outside the territory, commonwealth, 
or possession or involuntarily separated (not for cause on charges of 
misconduct, delinquency, or inefficiency) may not be required to repay 
any excess amounts.
    ``(d) An agency may not put an extended assignment incentive into 
effect during a period in which the employee is fulfilling a 
recruitment or relocation bonus service agreement under section 5753 or 
for which an employee is receiving a retention allowance under section 
5754.
    ``(e) Extended assignment incentive payments may not be considered 
part of the basic pay of an employee.
    ``(f) The Office of Personnel Management may prescribe regulations 
for the administration of this section, including regulations on an 
employee's entitlement to retain or receive incentive payments when an 
agreement is canceled. Neither this section nor implementing 
regulations may impair any agency's independent authority to 
administratively determine compensation for a class of its 
employees.''; and
        (2) in the analysis by adding at the end the following:

``5757. Extended assignment incentive.''.

    (b) Conforming Amendment.--Section 5307(a)(2)(B) of title 5, United 
States Code, is amended by striking ``or 5755'' and inserting ``5755, 
or 5757''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first applicable pay period beginning on 
or after 6 months after the date of enactment of this Act.
    (d) Report.--No later than 3 years after the effective date of this 
section, the Office of Personnel Management, after consultation with 
affected agencies, shall submit a report to Congress assessing the 
effectiveness of the extended assignment incentive authority as a human 
resources management tool and making recommendations for any changes 
necessary to improve the effectiveness of the incentive authority. Each 
agency shall maintain such records and report such information, 
including the number and size of incentive offers made and accepted or 
declined by geographic location and occupation, in such format and at 
such times as the Office of Personnel Management may prescribe, for use 
in preparing the report.

                        TITLE III--MISCELLANEOUS

SEC. 301. REPEALERS.

    (a) Open-Ended Authorization of Appropriations for National 
Institute of Corrections.--Chapter 319 of title 18, United States Code, 
is amended by striking section 4353.
    (b) Open-Ended Authorization of Appropriations for United States 
Marshals Service.--Section 561 of title 28, United States Code, is 
amended by striking subsection (i).
    (c) Redundant Authorizations of Payments for Rewards.--
        (1) Public Law 107-56 is amended by striking section 501.
        (2) Chapter 203 of title 18, United States Code, is amended by 
    striking sections 3059, 3059A, 3059B, 3075, and all the matter 
    after the first sentence of 3072.
        (3) Public Law 101-647 is amended in section 2565, by replacing 
    all the matter after ``2561'' in subsection (c)(1) with ``the 
    Attorney General may, in his discretion, pay a reward to the 
    declarant'' and by striking subsection (e); and by striking section 
    2569.

SEC. 302. TECHNICAL AMENDMENTS TO TITLE 18 OF THE UNITED STATES CODE.

    Title 18 of the United States Code is amended--
        (1) in section 4041 by striking ``at a salary of $10,000 a 
    year'';
        (2) in section 4013--
            (A) in subsection (a)--
                (i) by replacing ``the support of United States 
            prisoners'' with ``Federal prisoner detention'';
                (ii) in paragraph (2) by adding ``and'' after 
            ``hire;'';
                (iii) in paragraph (3) by replacing ``entities; and'' 
            with ``entities.''; and
                (iv) in paragraph (4) by inserting ``The Attorney 
            General, in support of Federal prisoner detainees in non-
            Federal institutions, is authorized to make payments, from 
            funds appropriated for State and local law enforcement 
            assistance, for'' before ``entering''; and
            (B) by redesignating--
                (i) subsections (b) and (c) as subsections (c) and (d); 
            and
                (ii) paragraph (a)(4) as subsection (b), and 
            subparagraphs (A), (B), and (C), of such paragraph (a)(4) 
            as paragraphs (1), (2), and (3) of such subsection (b); and
        (3) in section 209(a)--
            (A) by striking ``or makes'' and inserting ``makes''; and
            (B) by striking ``supplements the salary of, any'' and 
        inserting ``supplements, the salary of any''.

SEC. 303. REQUIRED SUBMISSION OF PROPOSED AUTHORIZATION OF 
              APPROPRIATIONS FOR THE DEPARTMENT OF JUSTICE FOR FISCAL 
              YEARS 2004 AND 2005.

    When the President submits to the Congress the budget of the United 
States Government for fiscal year 2004, the President shall 
simultaneously submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate such 
proposed legislation authorizing appropriations for the Department of 
Justice for fiscal years 2004 and 2005 as the President may judge 
necessary and expedient.

SEC. 304. STUDY OF UNTESTED RAPE EXAMINATION KITS.

    Not later than 6 months after the date of enactment of this Act, 
the Attorney General shall conduct a study to assess and report to 
Congress the number of untested rape examination kits that currently 
exist nationwide and shall submit to the Congress a report containing a 
summary of the results of such study. For the purpose of carrying out 
such study, the Attorney General shall attempt to collect information 
from all law enforcement jurisdictions in the United States.

SEC. 305. REPORTS ON USE OF DCS 1000 (CARNIVORE).

    (a) Report on Use of DCS 1000 (Carnivore) to Implement Orders Under 
18 U.S.C. 3123.--At the same time that the Attorney General submits to 
Congress the annual reports required by section 3126 of title 18, 
United States Code, that are respectively next due after the end of 
each of the fiscal years 2002 and 2003, the Attorney General shall also 
submit to the Chairmen and ranking minority members of the Committees 
on the Judiciary of the Senate and of the House of Representatives a 
report, covering the same respective time period, on the number of 
orders under section 3123 applied for by law enforcement agencies of 
the Department of Justice whose implementation involved the use of the 
DCS 1000 program (or any subsequent version of such program), which 
report shall include information concerning--
        (1) the period of interceptions authorized by the order, and 
    the number and duration of any extensions of the order;
        (2) the offense specified in the order or application, or 
    extension of an order;
        (3) the number of investigations involved;
        (4) the number and nature of the facilities affected;
        (5) the identity of the applying investigative or law 
    enforcement agency making the application for an order; and
        (6) the specific persons authorizing the use of the DCS 1000 
    program (or any subsequent version of such program) in the 
    implementation of such order.
    (b) Report on Use of DCS 1000 (Carnivore) to Implement Orders Under 
18 U.S.C. 2518.--At the same time that the Attorney General, or 
Assistant Attorney General specially designated by the Attorney 
General, submits to the Administrative Office of the United States 
Courts the annual report required by section 2519(2) of title 18, 
United States Code, that is respectively next due after the end of each 
of the fiscal years 2002 and 2003, the Attorney General shall also 
submit to the Chairmen and ranking minority members of the Committees 
on the Judiciary of the Senate and of the House of Representatives a 
report, covering the same respective time period, that contains the 
following information with respect to those orders described in that 
annual report that were applied for by law enforcement agencies of the 
Department of Justice and whose implementation involved the use of the 
DCS 1000 program (or any subsequent version of such program)--
        (1) the kind of order or extension applied for (including 
    whether or not the order was an order with respect to which the 
    requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of title 18, 
    United States Code, did not apply by reason of section 2518 (11) of 
    title 18);
        (2) the period of interceptions authorized by the order, and 
    the number and duration of any extensions of the order;
        (3) the offense specified in the order or application, or 
    extension of an order;
        (4) the identity of the applying investigative or law 
    enforcement officer and agency making the application and the 
    person authorizing the application;
        (5) the nature of the facilities from which or place where 
    communications were to be intercepted;
        (6) a general description of the interceptions made under such 
    order or extension, including--
            (A) the approximate nature and frequency of incriminating 
        communications intercepted;
            (B) the approximate nature and frequency of other 
        communications intercepted;
            (C) the approximate number of persons whose communications 
        were intercepted;
            (D) the number of orders in which encryption was 
        encountered and whether such encryption prevented law 
        enforcement from obtaining the plain text of communications 
        intercepted pursuant to such order; and
            (E) the approximate nature, amount, and cost of the 
        manpower and other resources used in the interceptions;
        (7) the number of arrests resulting from interceptions made 
    under such order or extension, and the offenses for which arrests 
    were made;
        (8) the number of trials resulting from such interceptions;
        (9) the number of motions to suppress made with respect to such 
    interceptions, and the number granted or denied;
        (10) the number of convictions resulting from such 
    interceptions and the offenses for which the convictions were 
    obtained and a general assessment of the importance of the 
    interceptions; and
        (11) the specific persons authorizing the use of the DCS 1000 
    program (or any subsequent version of such program) in the 
    implementation of such order.

SEC. 306. STUDY OF ALLOCATION OF LITIGATING ATTORNEYS.

    Not later than 180 days after the date of the enactment of this 
Act, the Attorney General shall submit a report to the chairman and 
ranking minority member of the Committees on the Judiciary of the House 
of Representatives and Committee on the Judiciary of the Senate, 
detailing the distribution or allocation of appropriated funds, 
attorneys and other personnel, and per-attorney workloads, for each 
Office of United States Attorney and each division of the Department of 
Justice except the Justice Management Division.

SEC. 307. USE OF TRUTH-IN-SENTENCING AND VIOLENT OFFENDER INCARCERATION 
              GRANTS.

    Section 20105(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 13705(b)) is amended to read as follows:
    ``(b) Use of Truth-in-Sentencing and Violent Offender Incarceration 
Grants.--Funds provided under section 20103 or 20104 may be applied to 
the cost of--
        ``(1) altering existing correctional facilities to provide 
    separate facilities for juveniles under the jurisdiction of an 
    adult criminal court who are detained or are serving sentences in 
    adult prisons or jails;
        ``(2) providing correctional staff who are responsible for 
    supervising juveniles who are detained or serving sentences under 
    the jurisdiction of an adult criminal court with orientation and 
    ongoing training regarding the unique needs of such offenders; and
        ``(3) providing ombudsmen to monitor the treatment of juveniles 
    who are detained or serving sentences under the jurisdiction of an 
    adult criminal court in adult facilities, consistent with 
    guidelines issued by the Assistant Attorney General.''.

SEC. 308. AUTHORITY OF THE DEPARTMENT OF JUSTICE INSPECTOR GENERAL.

    Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
        (1) in subsection (b), by striking paragraphs (2) and (3) and 
    inserting the following:
        ``(2) except as specified in subsection (a) and paragraph (3), 
    may investigate allegations of criminal wrongdoing or 
    administrative misconduct by an employee of the Department of 
    Justice, or may, in the discretion of the Inspector General, refer 
    such allegations to the Office of Professional Responsibility or 
    the internal affairs office of the appropriate component of the 
    Department of Justice;
        ``(3) shall refer to the Counsel, Office of Professional 
    Responsibility of the Department of Justice, allegations of 
    misconduct involving Department attorneys, investigators, or law 
    enforcement personnel, where the allegations relate to the exercise 
    of the authority of an attorney to investigate, litigate, or 
    provide legal advice, except that no such referral shall be made if 
    the attorney is employed in the Office of Professional 
    Responsibility;
        ``(4) may investigate allegations of criminal wrongdoing or 
    administrative misconduct by a person who is the head of any agency 
    or component of the Department of Justice; and
        ``(5) shall forward the results of any investigation conducted 
    under paragraph (4), along with any appropriate recommendation for 
    disciplinary action, to the Attorney General.''; and
        (2) by adding at the end the following:
    ``(d) The Attorney General shall ensure by regulation that any 
component of the Department of Justice receiving a nonfrivolous 
allegation of criminal wrongdoing or administrative misconduct by an 
employee of the Department of Justice, except with respect to 
allegations described in subsection (b)(3), shall report that 
information to the Inspector General.''.

SEC. 309. REVIEW OF THE DEPARTMENT OF JUSTICE.

    (a) Appointment of Oversight Official Within the Office of 
Inspector General.--
        (1) In general.--The Inspector General of the Department of 
    Justice shall direct that 1 official from the office of the 
    Inspector General be responsible for supervising and coordinating 
    independent oversight of programs and operations of the Federal 
    Bureau of Investigation until September 30, 2004.
        (2) Continuation of oversight.--The Inspector General may 
    continue individual oversight in accordance with paragraph (1) 
    after September 30, 2004, at the discretion of the Inspector 
    General.
    (b) Inspector General Oversight Plan for the Federal Bureau of 
Investigation.--Not later than 30 days after the date of the enactment 
of this Act, the Inspector General of the Department of Justice shall 
submit to the Chairperson and ranking member of the Committees on the 
Judiciary of the Senate and the House of Representatives, a plan for 
oversight of the Federal Bureau of Investigation, which plan may 
include--
        (1) an audit of the financial systems, information technology 
    systems, and computer security systems of the Federal Bureau of 
    Investigation;
        (2) an audit and evaluation of programs and processes of the 
    Federal Bureau of Investigation to identify systemic weaknesses or 
    implementation failures and to recommend corrective action;
        (3) a review of the activities of internal affairs offices of 
    the Federal Bureau of Investigation, including the Inspections 
    Division and the Office of Professional Responsibility;
        (4) an investigation of allegations of serious misconduct by 
    personnel of the Federal Bureau of Investigation;
        (5) a review of matters relating to any other program or 
    operation of the Federal Bureau of Investigation that the Inspector 
    General determines requires review; and
        (6) an identification of resources needed by the Inspector 
    General to implement a plan for oversight of the Federal Bureau of 
    Investigation.
    (c) Report on Inspector General for Federal Bureau of 
Investigation.--Not later than 90 days after the date of enactment of 
this Act, the Attorney General shall submit a report and recommendation 
to the Chairperson and ranking member of the Committees on the 
Judiciary of the Senate and the House of Representatives concerning--
        (1) whether there should be established, within the Department 
    of Justice, a separate office of the Inspector General for the 
    Federal Bureau of Investigation that shall be responsible for 
    supervising independent oversight of programs and operations of the 
    Federal Bureau of Investigation;
        (2) what changes have been or should be made to the rules, 
    regulations, policies, or practices governing the Federal Bureau of 
    Investigation in order to assist the Office of the Inspector 
    General in effectively exercising its authority to investigate the 
    conduct of employees of the Federal Bureau of Investigation;
        (3) what differences exist between the methods and practices 
    used by different Department of Justice components in the 
    investigation and adjudication of alleged misconduct by Department 
    of Justice personnel;
        (4) what steps should be or are being taken to make the methods 
    and practices described in paragraph (3) uniform throughout the 
    Department of Justice; and
        (5) whether a set of recommended guidelines relating to the 
    discipline of Department of Justice personnel for misconduct should 
    be developed, and what factors, such as the nature and seriousness 
    of the misconduct, the prior history of the employee, and the rank 
    and seniority of the employee at the time of the misconduct, should 
    be taken into account in establishing such recommended disciplinary 
    guidelines.

SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

    (a) Department of Justice.--There is authorized to be appropriated 
$2,000,000 to the Department of Justice for fiscal year 2003--
        (1) for salary, pay, retirement, and other costs associated 
    with increasing the staffing level of the Office of Inspector 
    General by 25 full-time employees who shall conduct an increased 
    number of audits, inspections, and investigations of alleged 
    misconduct by employees of the Federal Bureau of Investigation;
        (2) to fund expanded audit coverage of the grant programs 
    administered by the Office of Justice Programs of the Department of 
    Justice; and
        (3) to conduct special reviews of efforts by the Federal Bureau 
    of Investigation to implement recommendations made by the Office of 
    Inspector General in reports on alleged misconduct by the Bureau.
    (b) Federal Bureau of Investigation.--There is authorized to be 
appropriated $1,700,000 to the Federal Bureau of Investigation for 
fiscal year 2003 for salary, pay, retirement, and other costs 
associated with increasing the staffing level of the Office of 
Professional Responsibility by 10 full-time special agents and 4 full-
time support employees.

SEC. 311. REPORT ON THREATS AND ASSAULTS AGAINST FEDERAL LAW 
              ENFORCEMENT OFFICERS, UNITED STATES JUDGES, UNITED STATES 
              OFFICIALS AND THEIR FAMILIES.

    (a) Repeal of Compilation of Statistics Relating To Intimidation Of 
Government Employees.--Section 808 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat.1310) is 
repealed.
    (b) Report on Threats and Assaults Against Federal Law Enforcement 
Officers, United States Judges, United States Officials and Their 
Families.--Not later than 45 days after the end of fiscal year 2002, 
the Attorney General shall submit to the Chairmen and ranking minority 
members of the Committees on the Judiciary of the Senate and of the 
House of Representatives a report on the number of investigations and 
prosecutions under section 111 of title 18, United States Code, and 
section 115 of title 18, United States Code, for the fiscal year 2002.

SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.

    (a) Permanent District Judges for the District Courts.--
        (1) In general.--The President shall appoint, by and with the 
    advice and consent of the Senate--
            (A) 5 additional district judges for the southern district 
        of California;
            (B) 1 additional district judge for the western district of 
        North Carolina; and
            (C) 2 additional district judges for the western district 
        of Texas.
        (2) Tables.--In order that the table contained in section 133 
    of title 28, United States Code, will, with respect to each 
    judicial district, reflect the changes in the total number of 
    permanent district judgeships authorized as a result of paragraph 
    (1) of this subsection, such table is amended--
            (A) by striking the item relating to California and 
        inserting the following:

``California:
    Northern......................................................   14 

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

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

    Southern......................................................13''; 

            (B) by striking the item relating to North Carolina and 
        inserting the following:

``North Carolina:

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

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

    Western....................................................... 4''; 

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

``Texas:

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

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

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

    Western.......................................................13''. 

        (3) Effective date.--This subsection shall take effect on July 
    15, 2003.
    (b) District Judgeships for the Central and Southern Districts of 
Illinois, the Northern District of New York, and the Eastern District 
of Virginia.--
        (1) Conversion of temporary judgeships to permanent 
    judgeships.--The existing district judgeships for the central 
    district and the southern district of Illinois, the northern 
    district of New York, and the eastern district of Virginia 
    authorized by section 203(c) (3), (4), (9), and (12) of the 
    Judicial Improvements Act of 1990 (Public Law 101-650, 28 U.S.C. 
    133 note) shall be authorized under section 133 of title 28, United 
    States Code, and the incumbents in such offices shall hold the 
    offices under section 133 of title 28, United States Code (as 
    amended by this section).
        (2) Technical and conforming amendment.--The table contained in 
    section 133(a) of title 28, United States Code, is amended--
            (A) by striking the item relating to Illinois and inserting 
        the following:

``Illinois:

    Northern......................................................   22 

    Central.......................................................    4 

    Southern...................................................... 4''; 

            (B) by striking the item relating to New York and inserting 
        the following:

``New York:

    Northern......................................................    5 

    Southern......................................................   28 

    Eastern.......................................................   15 

    Western....................................................... 4''; 

        and
            (C) by striking the item relating to Virginia and inserting 
        the following:

``Virginia:

    Eastern.......................................................   11 

    Western....................................................... 4''. 

        (3) Effective date.--With respect to the central or southern 
    district of Illinois, the northern district of New York, or the 
    eastern district of Virginia, this subsection shall take effect on 
    the earlier of--
            (A) the date on which the first vacancy in the office of 
        district judge occurs in such district; or
            (B) July 15, 2003.
    (c) Temporary Judgeships.--
        (1) In general.--The President shall appoint, by and with the 
    advice and consent of the Senate--
            (A) 1 additional district judge for the northern district 
        of Alabama;
            (B) 1 additional judge for the district of Arizona;
            (C) 1 additional judge for the central district of 
        California;
            (D) 1 additional judge for the southern district of 
        Florida;
            (E) 1 additional district judge for the district of New 
        Mexico;
            (F) 1 additional district judge for the western district of 
        North Carolina; and
            (G) 1 additional district judge for the eastern district of 
        Texas.
        (2) Vacancies not filled.--The first vacancy in the office of 
    district judge in each of the offices of district judge authorized 
    by this subsection, occurring 10 years or more after the 
    confirmation date of the judge named to fill the temporary district 
    judgeship created in the applicable district by this subsection, 
    shall not be filled.
        (3) Effective date.--This subsection shall take effect on July 
    15, 2003.
    (d) Extension of Temporary Federal District Court Judgeship for the 
Northern District of Ohio.--
        (1) In general.--Section 203(c) of the Judicial Improvement Act 
    of 1990 (28 U.S.C. 133 note) is amended--
            (A) in the first sentence following paragraph (12), by 
        striking ``and the eastern district of Pennsylvania'' and 
        inserting ``, the eastern district of Pennsylvania, and the 
        northern district of Ohio''; and
            (B) by inserting after the third sentence following 
        paragraph (12) ``The first vacancy in the office of district 
        judge in the northern district of Ohio occurring 15 years or 
        more after the confirmation date of the judge named to fill the 
        temporary judgeship created under this subsection shall not be 
        filled.''.
        (2) Effective date.--The amendments made by this subsection 
    shall take effect on the date of enactment of this Act.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section, 
including such sums as may be necessary to provide appropriate space 
and facilities for the judicial positions created by this section.

                    TITLE IV--VIOLENCE AGAINST WOMEN

 SEC. 401. SHORT TITLE.

    This title may be cited as the ``Violence Against Women Office 
Act''.

 SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN OFFICE.

    Part T of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796gg et seq.) is amended--
        (1) in section 2002(d)--
            (A) in paragraph (2), by striking ``section 2005'' and 
        inserting ``section 2010''; and
            (B) in paragraph (3), by striking ``section 2006'' and 
        inserting ``section 2011'';
        (2) by redesignating sections 2002 through 2006 as sections 
    2006 through 2011, respectively; and
        (3) by inserting after section 2001 the following:

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

    ``(a) In General.--There is hereby established within the 
Department of Justice, under the general authority of the Attorney 
General, a Violence Against Women Office (in this part referred to as 
the ``Office'').
    ``(b) Separate Office.--The Office shall be a separate and distinct 
office within the Department of Justice, headed by a Director, who 
shall report to the Attorney General and serve as Counsel to the 
Attorney General on the subject of violence against women, and who 
shall have final authority over all grants, cooperative agreements, and 
contracts awarded by the Office.
    ``(c) Jurisdiction.--Under the general authority of the Attorney 
General, the Office--
        ``(1) shall have sole jurisdiction over all duties and 
    functions described in section 2004; and
        ``(2) shall be solely responsible for coordination with other 
    departments, agencies, or offices of all activities authorized or 
    undertaken under the Violence Against Women Act of 1994 (title VI 
    of Public 103-322) and the Violence Against Women Act of 2000 
    (Division B of Public Law 106-386).

``SEC. 2003. DIRECTOR OF VIOLENCE AGAINST WOMEN OFFICE.

    ``(a) Appointment.--The President, by and with the advice and 
consent of the Senate, shall appoint a Director for the Violence 
Against Women Office (in this title referred to as the `Director') to 
be responsible, under the general authority of the Attorney General, 
for the administration, coordination, and implementation of the 
programs and activities of the Office.
    ``(b) Other Employment.--The Director shall not--
        ``(1) engage in any employment other than that of serving as 
    Director; or
        ``(2) hold any office in, or act in any capacity for, any 
    organization, agency, or institution with which the Office makes 
    any contract or other agreement under the Violence Against Women 
    Act of 1994 (title IV of Public Law 103-322) or the Violence 
    Against Women Act of 2000 (division B of Public Law 106-386).
    ``(c) Vacancy.--In the case of a vacancy, the President may 
designate an officer or employee who shall act as Director during the 
vacancy.
    ``(d) Compensation.--The Director shall be compensated at a rate of 
pay not to exceed the rate payable for level V of the Executive 
Schedule under section 5316 of title 5, United States Code.

``SEC. 2004. DUTIES AND FUNCTIONS OF DIRECTOR OF VIOLENCE AGAINST WOMEN 
              OFFICE.

    ``The Director shall have the following duties:
        ``(1) Maintaining liaison with the judicial branches of the 
    Federal and State Governments on matters relating to violence 
    against women.
        ``(2) Providing information to the President, the Congress, the 
    judiciary, State, local, and tribal governments, and the general 
    public on matters relating to violence against women.
        ``(3) Serving, at the request of the Attorney General, as the 
    representative of the Department of Justice on domestic task 
    forces, committees, or commissions addressing policy or issues 
    relating to violence against women.
        ``(4) Serving, at the request of the President, acting through 
    the Attorney General, as the representative of the United States 
    Government on human rights and economic justice matters related to 
    violence against women in international fora, including, but not 
    limited to, the United Nations.
        ``(5) Carrying out the functions of the Department of Justice 
    under the Violence Against Women Act of 1994 (title IV of Public 
    Law 103-322) and the Violence Against Women Act of 2000 (division B 
    of Public Law 106-386), including with respect to those functions--
            ``(A) the development of policy, protocols, and guidelines;
            ``(B) the development and management of grant programs and 
        other programs, and the provision of technical assistance under 
        such programs; and
            ``(C) the award and termination of grants, cooperative 
        agreements, and contracts.
        ``(6) Providing technical assistance, coordination, and support 
    to--
            ``(A) other components of the Department of Justice, in 
        efforts to develop policy and to enforce Federal laws relating 
        to violence against women, including the litigation of civil 
        and criminal actions relating to enforcing such laws;
            ``(B) other Federal, State, local, and tribal agencies, in 
        efforts to develop policy, provide technical assistance, and 
        improve coordination among agencies carrying out efforts to 
        eliminate violence against women, including Indian or 
        indigenous women; and
            ``(C) grantees, in efforts to combat violence against women 
        and to provide support and assistance to victims of such 
        violence.
        ``(7) Exercising such other powers and functions as may be 
    vested in the Director pursuant to this part or by delegation of 
    the Attorney General.
        ``(8) Establishing such rules, regulations, guidelines, and 
    procedures as are necessary to carry out any function of the 
    Office.

``SEC. 2005. STAFF OF VIOLENCE AGAINST WOMEN OFFICE.

    ``The Attorney General shall ensure that the Director has adequate 
staff to support the Director in carrying out the Director's 
responsibilities under this part.

``SEC. 2006. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as are 
necessary to carry out this part for each fiscal year until fiscal year 
2005.''.

SEC. 403. EFFECTIVE DATE.

    This title shall take effect 90 days after this bill becomes law.

                   DIVISION B--MISCELLANEOUS DIVISION
                TITLE I--BOYS AND GIRLS CLUBS OF AMERICA

SEC. 1101. BOYS AND GIRLS CLUBS OF AMERICA.

    Section 401 of the Economic Espionage Act of 1996 (42 U.S.C. 13751 
note) is amended--
        (1) in subsection (a)(2)--
            (A) by striking ``1,000'' and inserting ``1,200'';
            (B) by striking ``2,500'' and inserting ``4,000''; and
            (C) by striking ``December 31, 1999'' and inserting 
        ``December 31, 2005, serving not less than 5,000,000 young 
        people'';
        (2) in subsection (c)--
            (A) in paragraph (1), by striking ``1997, 1998, 1999, 2000, 
        and 2001'' and inserting ``2002, 2003, 2004, 2005, and 2006''; 
        and
            (B) in paragraph (2)--
                (i) in subparagraph (A), by striking ``1,000'' and 
            inserting ``1,200''; and
                (ii) in subparagraph (B), by striking ``2,500 Boys and 
            Girls Clubs of America facilities in operation before 
            January 1, 2000'' and inserting ``4,000 Boys and Girls 
            Clubs of America facilities in operation before January 1, 
            2007''; and
        (3) in subsection (e), by striking paragraph (1) and paragraph 
    (2) and inserting the following:
        ``(1) In general.--There are authorized to be appropriated to 
    carry out this section--
            ``(A) $70,000,000 for fiscal year 2002;
            ``(B) $80,000,000 for fiscal year 2003;
            ``(C) $80,000,000 for fiscal year 2004; and
            ``(D) $80,000,000 for fiscal year 2005.''.

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

SEC. 2001. SHORT TITLE.

    This title may be cited as the ``Drug Abuse Education, Prevention, 
and Treatment Act of 2002''.

                Subtitle A--Drug-Free Prisons and Jails

SEC. 2101. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANTS TO 
              PROVIDE FOR SERVICES DURING AND AFTER INCARCERATION.

    Section 1901 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796ff) is amended by adding at the end 
the following:
    ``(c) Additional Use of Funds.--States that demonstrate that they 
have existing in-prison drug treatment programs that are in compliance 
with Federal requirements may use funds awarded under this part for 
treatment and sanctions both during incarceration and after release.''.

SEC. 2102. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.

    Part S of the Omnibus Crime Control and Safe Streets Act of 1968 is 
amended--
        (1) in section 1901(a)--
            (A) by striking ``purpose of developing'' and inserting the 
        following: ``purpose of--
        ``(1) developing''; and
            (B) striking the period at the end and inserting ``; and''; 
        and
            (C) by adding at the end the following:
        ``(2) encouraging the establishment and maintenance of drug-
    free prisons and jails.'';
        (2) in section 1902, by adding at the end the following:
    ``(f) Use of Grant Amounts for Nonresidential Aftercare Services.--
A State may use amounts received under this part to provide 
nonresidential substance abuse treatment aftercare services for inmates 
or former inmates that meet the requirements of subsection (c), if the 
chief executive officer of the State certifies to the Attorney General 
that the State is providing, and will continue to provide, an adequate 
level of residential treatment services.''; and
        (3) in section 1904, by adding at the end the following:
    ``(c) Local Allocation.--At least 10 percent of the total amount 
made available to a State under section 1904(a) for any fiscal year 
shall be used by the State to make grants to local correctional and 
detention facilities in the State (provided such facilities exist 
therein), for the purpose of assisting jail-based substance abuse 
treatment programs that are effective and science-based established by 
those local correctional facilities.''.

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

    (a) Revocation of Probation.--Section 3565(b) of title 18, United 
States Code, is amended--
        (1) in paragraph (2), by striking ``or'' after the semicolon;
        (2) in paragraph (3), by striking ``(4),'' and inserting ``(4); 
    or''; and
        (3) by adding after paragraph (3) the following:
        ``(4) as a part of drug testing, tests positive for illegal 
    controlled substances more than 3 times over the course of 1 
    year;''.
    (b) Revocation of Supervised Release.--Section 3583(g) of title 18, 
United States Code, is amended--
        (1) in paragraph (2), by striking ``or'' after the semicolon;
        (2) in paragraph (3), by inserting ``or'' after the semicolon; 
    and
        (3) by adding after paragraph (3) the following:
        ``(4) as a part of drug testing, tests positive for illegal 
    controlled substances more than 3 times over the course of 1 
    year;''.

                  Subtitle B--Treatment and Prevention

SEC. 2201. REPORT ON DRUG-TESTING TECHNOLOGIES.

    (a) Requirement.--The National Institute of Justice shall conduct a 
study of drug-testing technologies in order to identify and assess the 
efficacy, accuracy, and usefulness for purposes of the National effort 
to detect the use of illicit drugs of any drug-testing technologies 
(including the testing of hair) that may be used as alternatives or 
complements to urinalysis as a means of detecting the use of such 
drugs.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Institute shall submit to Congress a report on the 
results of the study conducted under subsection (a).

SEC. 2202. DRUG AND SUBSTANCE ABUSE TREATMENT, PREVENTION, EDUCATION, 
              AND RESEARCH STUDY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the President, after consultation with the 
Attorney General, Secretary of Health and Human Services, Secretary of 
Education, and other appropriate Federal officers, shall--
        (1) conduct a thorough review of all Federal drug and substance 
    abuse treatment, prevention, education, and research programs; and
        (2) make such recommendations to Congress as the President may 
    judge necessary and expedient to streamline, consolidate, 
    coordinate, simplify, and more effectively conduct and deliver drug 
    and substance abuse treatment, prevention, and education.
    (b) Report to Congress.--The report to Congress shall--
        (1) contain a survey of all Federal drug and substance abuse 
    treatment, prevention, education, and research programs;
        (2) indicate the legal authority for each program, the amount 
    of funding in the last 2 fiscal years for each program, and a brief 
    description of the program; and
        (3) identify authorized programs that were not funded in fiscal 
    year 2002 or 2003.

SEC. 2203. DRUG ABUSE AND ADDICTION RESEARCH.

    Section 464N of the Public Health Service Act (42 U.S.C. 285o-2) is 
amended by striking subsection (c) and inserting the following:
    ``(c) Drug Abuse and Addition Research.--
        ``(1) Grants or cooperative agreements.--The Director of the 
    Institute may make grants or enter into cooperative agreements to 
    expand the current and ongoing interdisciplinary research and 
    clinical trials with treatment centers of the National Drug Abuse 
    Treatment Clinical Trials Network relating to drug abuse and 
    addiction, including related biomedical, behavioral, and social 
    issues.
        ``(2) Use of funds.--Amounts made available under a grant or 
    cooperative agreement under paragraph (1) for drug abuse and 
    addiction may be used for research and clinical trials relating 
    to--
            ``(A) the effects of drug abuse on the human body, 
        including the brain;
            ``(B) the addictive nature of drugs and how such effects 
        differ with respect to different individuals;
            ``(C) the connection between drug abuse and mental health;
            ``(D) the identification and evaluation of the most 
        effective methods of prevention of drug abuse and addiction;
            ``(E) the identification and development of the most 
        effective methods of treatment of drug addiction, including 
        pharmacological treatments;
            ``(F) risk factors for drug abuse;
            ``(G) effects of drug abuse and addiction on pregnant women 
        and their fetuses; and
            ``(H) cultural, social, behavioral, neurological, and 
        psychological reasons that individuals abuse drugs, or refrain 
        from abusing drugs.
        ``(3) Research results.--The Director shall promptly 
    disseminate research results under this subsection to Federal, 
    State, and local entities involved in combating drug abuse and 
    addiction.
        ``(4) Authorization of appropriations.--
            ``(A) In general.--There are authorized to be appropriated 
        to carry out this subsection such sums as may be necessary for 
        each fiscal year.
            ``(B) Supplement not supplant.--Amounts appropriated 
        pursuant to the authorization of appropriations in subparagraph 
        (A) for a fiscal year shall supplement and not supplant any 
        other amounts appropriated in such fiscal year for research on 
        drug abuse and addiction.''.

                        Subtitle C--Drug Courts

SEC. 2301. DRUG COURTS.

    (a) Drug Courts.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting 
after part DD the following new part:

                         ``PART EE--DRUG COURTS

``SEC. 2951. GRANT AUTHORITY.

    ``(a) In General.--The Attorney General may make grants to States, 
State courts, local courts, units of local government, and Indian 
tribal governments, acting directly or through agreements with other 
public or private entities, for adult drug courts, juvenile drug 
courts, family drug courts, and tribal drug courts that involve--
        ``(1) continuing judicial supervision over offenders with 
    substance abuse problems who are not violent offenders;
        ``(2) coordination with the appropriate State or local 
    prosecutor; and
        ``(3) the integrated administration of other sanctions and 
    services, which shall include--
            ``(A) mandatory periodic testing for the use of controlled 
        substances or other addictive substances during any period of 
        supervised release or probation for each participant;
            ``(B) substance abuse treatment for each participant;
            ``(C) diversion, probation, or other supervised release 
        involving the possibility of prosecution, confinement, or 
        incarceration based on noncompliance with program requirements 
        or failure to show satisfactory progress;
            ``(D) offender management, and aftercare services such as 
        relapse prevention, health care, education, vocational 
        training, job placement, housing placement, and child care or 
        other family support services for each participant who requires 
        such services;
            ``(E) payment, in whole or part, by the offender of 
        treatment costs, to the extent practicable, such as costs for 
        urinalysis or counseling; and
            ``(F) payment, in whole or part, by the offender of 
        restitution, to the extent practicable, to either a victim of 
        the offender's offense or to a restitution or similar victim 
        support fund.
    ``(b) Limitation.--Economic sanctions imposed on an offender 
pursuant to this section shall not be at a level that would interfere 
with the offender's rehabilitation.

``SEC. 2952. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.

    ``The Attorney General shall--
        ``(1) issue regulations or guidelines to ensure that the 
    programs authorized in this part do not permit participation by 
    violent offenders; and
        ``(2) immediately suspend funding for any grant under this 
    part, pending compliance, if the Attorney General finds that 
    violent offenders are participating in any program funded under 
    this part.

``SEC. 2953. DEFINITION.

    ``(a) In General.--Except as provided in subsection (b), in this 
part, the term `violent offender' means a person who--
        ``(1) is charged with or convicted of an offense, during the 
    course of which offense or conduct--
            ``(A) the person carried, possessed, or used a firearm or 
        dangerous weapon;
            ``(B) there occurred the death of or serious bodily injury 
        to any person; or
            ``(C) there occurred the use of force against the person of 
        another, without regard to whether any of the circumstances 
        described in subparagraph (A) or (B) is an element of the 
        offense or conduct of which or for which the person is charged 
        or convicted; or
        ``(2) has 1 or more prior convictions for a felony crime of 
    violence involving the use or attempted use of force against a 
    person with the intent to cause death or serious bodily harm.
    ``(b) Definition for Purposes of Juvenile Drug Courts.--For 
purposes of juvenile drug courts, the term `violent offender' means a 
juvenile who has been convicted of, or adjudicated delinquent for, an 
offense that--
        ``(1) has as an element, the use, attempted use, or threatened 
    use of physical force against the person or property of another, or 
    the possession or use of a firearm; or
        ``(2) by its nature, involves a substantial risk that physical 
    force against the person or property of another may be used in the 
    course of committing the offense.

``SEC. 2954. ADMINISTRATION.

    ``(a) Consultation.--The Attorney General shall consult with the 
Secretary of Health and Human Services and any other appropriate 
officials in carrying out this part.
    ``(b) Use of Components.--The Attorney General may utilize any 
component or components of the Department of Justice in carrying out 
this part.
    ``(c) Regulatory Authority.--The Attorney General may issue 
regulations and guidelines necessary to carry out this part.
    ``(d) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
this part shall--
        ``(1) include a long-term strategy and detailed implementation 
    plan that shall provide for the consultation and coordination with 
    appropriate State and local prosecutors, particularly when program 
    participants fail to comply with program requirements;
        ``(2) explain the applicant's inability to fund the program 
    adequately without Federal assistance;
        ``(3) certify that the Federal support provided will be used to 
    supplement, and not supplant, State, Indian tribal, and local 
    sources of funding that would otherwise be available;
        ``(4) identify related governmental or community initiatives 
    which complement or will be coordinated with the proposal;
        ``(5) certify that there has been appropriate consultation with 
    all affected agencies and that there will be appropriate 
    coordination with all affected agencies in the implementation of 
    the program;
        ``(6) certify that participating offenders will be supervised 
    by 1 or more designated judges with responsibility for the drug 
    court program;
        ``(7) specify plans for obtaining necessary support and 
    continuing the proposed program following the conclusion of Federal 
    support; and
        ``(8) describe the methodology that will be used in evaluating 
    the program.

``SEC. 2955. APPLICATIONS.

    ``To request funds under this part, the chief executive or the 
chief justice of a State or the chief executive or judge of a unit of 
local government or Indian tribal government, or the chief judge of a 
State court or the judge of a local court or Indian tribal court shall 
submit an application to the Attorney General in such form and 
containing such information as the Attorney General may reasonably 
require.

``SEC. 2956. FEDERAL SHARE.

    ``(a) In General.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the program 
described in the application submitted under section 2955 for the 
fiscal year for which the program receives assistance under this part, 
unless the Attorney General waives, wholly or in part, the requirement 
of a matching contribution under this section.
    ``(b) In-Kind Contributions.--In-kind contributions may constitute 
a portion of the non-Federal share of a grant.

``SEC. 2957. DISTRIBUTION AND ALLOCATION.

    ``(a) Geographic Distribution.--The Attorney General shall ensure 
that, to the extent practicable, an equitable geographic distribution 
of grant awards is made.
    ``(b) Minimum Allocation.--Unless all eligible applications 
submitted by any State or unit of local government within such State 
for a grant under this part have been funded, such State, together with 
grantees within the State (other than Indian tribes), shall be 
allocated in each fiscal year under this part not less than 0.50 
percent of the total amount appropriated in the fiscal year for grants 
pursuant to this part.

``SEC. 2958. REPORT.

    ``A State, Indian tribal government, or unit of local government 
that receives funds under this part during a fiscal year shall submit 
to the Attorney General a description and an evaluation report on a 
date specified by the Attorney General regarding the effectiveness of 
this part.

``SEC. 2959. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    ``(a) Technical Assistance and Training.--The Attorney General may 
provide technical assistance and training in furtherance of the 
purposes of this part.
    ``(b) Evaluations.--In addition to any evaluation requirements that 
may be prescribed for grantees (including uniform data collection 
standards and reporting requirements), the Attorney General shall carry 
out or make arrangements for evaluations of programs that receive 
support under this part.
    ``(c) Administration.--The technical assistance, training, and 
evaluations authorized by this section may be carried out directly by 
the Attorney General, in collaboration with the Secretary of Health and 
Human Services, or through grants, contracts, or other cooperative 
arrangements with other entities.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended by inserting after the matter relating to part DD the 
following:

                         ``Part EE--Drug Courts

``Sec. 2951. Grant authority.
``Sec. 2952. Prohibition of participation by violent offenders.
``Sec. 2953. Definition.
``Sec. 2954. Administration.
``Sec. 2955. Applications.
``Sec. 2956. Federal share.
``Sec. 2957. Distribution and allocation.
``Sec. 2958. Report.
``Sec. 2959. Technical assistance, training, and evaluation.''.

    (c) Implementation of Recommendations.--Not later than 120 days 
after the date of enactment of this Act, the Attorney General shall--
        (1) devise a plan to implement recommendations of the General 
    Accounting Office to--
            (A) develop and implement a management information system 
        that is able to track and readily identify the universe of drug 
        court programs funded by the Drug Court Program Office of the 
        Department of Justice;
            (B) take steps to ensure and sustain an adequate grantee 
        response rate to the Drug Court Program Office's data 
        collection efforts by improving efforts to notify and remind 
        grantees of their reporting requirements;
            (C) take corrective action toward grantees that do not 
        comply with the data collection reporting requirement of the 
        Department of Justice;
            (D) reinstate the collection of post-program data in the 
        Drug Court Program Office's data collection effort, selectively 
        spot checking grantee responses to ensure accurate reporting;
            (E) analyze performance and outcome data collected from 
        grantees and report annually on the results;
            (F) consolidate the multiple Department of Justice-funded 
        drug court program-related data collection efforts to better 
        ensure that the primary focus is on the collection and 
        reporting of data on Drug Court Program Office-funded drug 
        court programs;
            (G) conduct a methodologically sound national impact 
        evaluation of Drug Court Program Office-funded drug court 
        programs; and
            (H) consider ways to reduce the time needed to provide 
        information on the overall impact of Federally-funded drug 
        court programs; and
        (2) submit a report on the plan to the Committees on the 
    Judiciary of the Senate and the House of Representatives.

SEC. 2302. AUTHORIZATION OF APPROPRIATIONS.

    Section 1001(a) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793) is amended--
        (1) in paragraph (3), by inserting before the period at the end 
    the following: ``or EE''; and
        (2) by adding at the end the following:
        ``(25)(A) Except as provided in subparagraph (C), there are 
    authorized to be appropriated to carry out part EE--
            ``(i) $50,000,000 for fiscal year 2002;
            ``(ii) $54,000,000 for fiscal year 2003;
            ``(iii) $58,000,000 for fiscal year 2004; and
            ``(iv) $60,000,000 for fiscal year 2005.
        ``(B) The Attorney General shall reserve not less than 1 
    percent and not more than 4.5 percent of the sums appropriated for 
    this program in each fiscal year for research and evaluation of 
    this program.
        ``(C) No funds made available to carry out part EE shall be 
    expended if the Attorney General fails to submit the report 
    required to be submitted under section 2401(c) of title II of 
    Division B of the 21st Century Department of Justice Appropriations 
    Authorization Act.''.

SEC. 2303. STUDY BY THE GENERAL ACCOUNTING OFFICE.

    (a) In General.--The Comptroller General of the United States shall 
study and assess the effectiveness and impact of grants authorized by 
part EE of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 as added by section 2401 and report to Congress the results of the 
study on or before January 1, 2005.
    (b) Documents and Information.--The Attorney General and grant 
recipients shall provide the Comptroller General with all relevant 
documents and information that the Comptroller General deems necessary 
to conduct the study under subsection (a), including the identities and 
criminal records of program participants.
    (c) Criteria.--In assessing the effectiveness of the grants made 
under programs authorized by part EE of the Omnibus Crime Control and 
Safe Streets Act of 1968, the Comptroller General shall consider, among 
other things--
        (1) recidivism rates of program participants;
        (2) completion rates among program participants;
        (3) drug use by program participants; and
        (4) the costs of the program to the criminal justice system.

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

   CHAPTER 1--POST INCARCERATION VOCATIONAL AND REMEDIAL EDUCATIONAL 
                       OPPORTUNITIES FOR INMATES

SEC. 2411. POST INCARCERATION VOCATIONAL AND REMEDIAL EDUCATIONAL 
              OPPORTUNITIES FOR INMATES.

    (a) Federal Reentry Center Demonstration.--
        (1) Authority and establishment of demonstration project.--The 
    Attorney General, in consultation with the Director of the 
    Administrative Office of the United States Courts, shall establish 
    the Federal Reentry Center Demonstration project. The project shall 
    involve appropriate prisoners from the Federal prison population 
    and shall utilize community corrections facilities, home 
    confinement, and a coordinated response by Federal agencies to 
    assist participating prisoners in preparing for and adjusting to 
    reentry into the community.
        (2) Project elements.--The project authorized by paragraph (1) 
    shall include the following core elements:
            (A) A Reentry Review Team for each prisoner, consisting of 
        a representative from the Bureau of Prisons, the United States 
        Probation System, the United States Parole Commission, and the 
        relevant community corrections facility, who shall initially 
        meet with the prisoner to develop a reentry plan tailored to 
        the needs of the prisoner.
            (B) A system of graduated levels of supervision with the 
        community corrections facility to promote community safety, 
        provide incentives for prisoners to complete the reentry plan, 
        including victim restitution, and provide a reasonable method 
        for imposing sanctions for a prisoner's violation of the 
        conditions of participation in the project.
            (C) Substance abuse treatment and aftercare, mental and 
        medical health treatment and aftercare, vocational and 
        educational training, life skills instruction, conflict 
        resolution skills training, batterer intervention programs, 
        assistance obtaining suitable affordable housing, and other 
        programming to promote effective reintegration into the 
        community as needed.
        (3) Probation officers.--From funds made available to carry out 
    this section, the Director of the Administrative Office of the 
    United States Courts shall assign 1 or more probation officers from 
    each participating judicial district to the Reentry Demonstration 
    project. Such officers shall be assigned to and stationed at the 
    community corrections facility and shall serve on the Reentry 
    Review Teams.
        (4) Project duration.--The Reentry Center Demonstration project 
    shall begin not later than 6 months following the availability of 
    funds to carry out this subsection, and shall last 3 years.
    (b) Definitions.--In this section, the term ``appropriate 
prisoner'' shall mean a person who is considered by prison 
authorities--
        (1) to pose a medium to high risk of committing a criminal act 
    upon reentering the community; and
        (2) to lack the skills and family support network that 
    facilitate successful reintegration into the community.
    (c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated, to remain available until 
expended--
        (1) to the Federal Bureau of Prisons--
            (A) $1,375,000 for fiscal year 2003;
            (B) $1,110,000 for fiscal year 2004;
            (C) $1,130,000 for fiscal year 2005;
            (D) $1,155,000 for fiscal year 2006; and
            (E) $1,230,000 for fiscal year 2007; and
        (2) to the Federal Judiciary--
            (A) $3,380,000 for fiscal year 2003;
            (B) $3,540,000 for fiscal year 2004;
            (C) $3,720,000 for fiscal year 2005;
            (D) $3,910,000 for fiscal year 2006; and
            (E) $4,100,000 for fiscal year 2007.

                CHAPTER 2--STATE REENTRY GRANT PROGRAMS

SEC. 2421. AMENDMENTS TO THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT 
              OF 1968.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended, is amended by 
inserting after part EE the following new part:

            ``PART FF--OFFENDER REENTRY AND COMMUNITY SAFETY

``SEC. 2976. ADULT AND JUVENILE OFFENDER STATE AND LOCAL REENTRY 
              DEMONSTRATION PROJECTS.

    ``(a) Grant Authorization.--The Attorney General shall make grants 
of up to $1,000,000 to States, Territories, and Indian tribes, in 
partnership with units of local government and nonprofit organizations, 
for the purpose of establishing adult and juvenile offender reentry 
demonstration projects.
    ``(b) Adult Offender Reentry Demonstration Projects.--Funds for 
adult offender demonstration projects may be expended for--
        ``(1) oversight/monitoring of released offenders;
        ``(2) substance abuse treatment and aftercare, mental and 
    medical health treatment and aftercare, vocational and basic 
    educational training, and other programming to promote effective 
    reintegration into the community as needed;
        ``(3) convening community impact panels, victim impact panels 
    or victim impact educational classes; and
        ``(4) establishing and implementing graduated sanctions and 
    incentives.
    ``(c) Juvenile Offender Reentry Demonstration Projects.--Funds for 
the juvenile offender reentry demonstration projects may be expended 
for--
        ``(1) providing returning juvenile offenders with drug and 
    alcohol testing and treatment and mental and medical health 
    assessment and services;
        ``(2) convening victim impact panels, restorative justice 
    panels, or victim impact educational classes for juvenile 
    offenders;
        ``(3) oversight/monitoring of released juvenile offenders; and
        ``(4) providing for the planning of reentry services when the 
    youth is initially incarcerated and coordinating the delivery of 
    community-based services, such as education, family involvement and 
    support, and other services as needed.
    ``(d) Submission of Application.--In addition to any other 
requirements that may be specified by the Attorney General, an 
application for a grant under this subpart shall--
        ``(1) describe a long-term strategy and detailed implementation 
    plan, including how the jurisdiction plans to pay for the program 
    after the Federal funding ends;
        ``(2) identify the governmental and community agencies that 
    will be coordinated by this project;
        ``(3) certify that there has been appropriate consultation with 
    all affected agencies and there will be appropriate coordination 
    with all affected agencies in the implementation of the program, 
    including existing community corrections and parole; and
        ``(4) describe the methodology and outcome measures that will 
    be used in evaluating the program.
    ``(e) Applicants.--The applicants as designated under 2601(a)--
        ``(1) shall prepare the application as required under 
    subsection 2601(b); and
        ``(2) shall administer grant funds in accordance with the 
    guidelines, regulations, and procedures promulgated by the Attorney 
    General, as necessary to carry out the purposes of this part.
    ``(f) Matching Funds.--The Federal share of a grant received under 
this title may not exceed 75 percent of the costs of the project funded 
under this title unless the Attorney General waives, wholly or in part, 
the requirements of this section.
    ``(g) Reports.--Each entity that receives a grant under this part 
shall submit to the Attorney General, for each year in which funds from 
a grant received under this part is expended, a description and an 
evaluation report at such time and in such manner as the Attorney 
General may reasonably require that contains--
        ``(1) a summary of the activities carried out under the grant 
    and an assessment of whether such activities are meeting the needs 
    identified in the application funded under this part; and
        ``(2) such other information as the Attorney General may 
    require.
    ``(h) Authorization of Appropriations.--
        ``(1) In general.--To carry out this section, there are 
    authorized to be appropriated $15,000,000 for fiscal year 2003, 
    $15,500,000 for fiscal year 2004, and $16,000,000 for fiscal year 
    2005.
        ``(2) Limitations.--Of the amount made available to carry out 
    this section in any fiscal year--
            ``(A) not more than 2 percent or less than 1 percent may be 
        used by the Attorney General for salaries and administrative 
        expenses; and
            ``(B) not more than 3 percent or less than 2 percent may be 
        used for technical assistance and training.

``SEC. 2977. STATE REENTRY PROJECT EVALUATION.

    ``(a) Evaluation.--The Attorney General shall evaluate the 
demonstration projects authorized by section 2976 to determine their 
effectiveness.
    ``(b) Report.--Not later than April 30, 2005, the Attorney General 
shall submit a report to the Committees on the Judiciary of the House 
of Representatives and the Senate containing--
        ``(1) the findings of the evaluation required by subsection 
    (a); and
        ``(2) any recommendations the Attorney General has with regard 
    to expanding, changing, or eliminating the demonstration 
    projects.''.
    (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:

          ``Part FF--Offender Reentry and Community Safety Act

``Sec. 2976. Adult Offender State and Local Reentry Demonstration 
          Projects.
``Sec. 2977. State reentry project evaluation.''.

                       Subtitle E--Other Matters

SEC. 2501. AMENDMENT TO CONTROLLED SUBSTANCES ACT.

    Section 303(g)(2) of the Controlled Substances Act (21 U.S.C. 
823(g)(2)) is amended--
        (1) in subparagraph (I), by striking ``on October 17, 2000,'' 
    and all that follows through ``such drugs,'' and inserting ``on the 
    date of approval by the Food and Drug Administration of a drug in 
    schedule III, IV, or V, a State may not preclude a practitioner 
    from dispensing or prescribing such drug, or combination of such 
    drugs,''; and
        (2) in subparagraph (J)(i), by striking ``October 17, 2000,'' 
    and inserting ``the date referred to in subparagraph (I),''.

SEC. 2502. STUDY OF METHAMPHETAMINE TREATMENT.

    Section 3633 of the Methamphetamine Anti-Proliferation Act of 2000 
(114 Stat. 1236) is amended by striking ``the Institute of Medicine of 
the National Academy of Sciences'' and inserting ``the National 
Institute on Drug Abuse''.

SEC. 2503. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING IN SOUTH AND 
              CENTRAL ASIA.

    There is authorized to be appropriated to the Attorney General not 
less than $5,000,000 for fiscal year 2003 for regional antidrug 
training by the Drug Enforcement Administration for law enforcement 
entities (including police, border control, and other entities engaged 
in drug interdiction and narcotics control efforts), as well as 
increased precursor chemical control efforts in the South and Central 
Asia region.

SEC. 2504. UNITED STATES-THAILAND DRUG PROSECUTOR EXCHANGE PROGRAM.

    (a) Program Authorization.--The Attorney General shall establish an 
exchange program in which prosecutors, judges, or policy makers from 
the Kingdom of Thailand participate in an exchange program to observe 
Federal prosecutors in an effort to learn about the various rules and 
procedures used to prosecute violations of federal criminal narcotics 
laws.
    (b) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $75,000 for fiscal year 2003 
and $75,000 for fiscal year 2004.

  TITLE III--SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM

SEC. 3001. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO TAMPER 
              WITH WITNESSES, VICTIMS, OR INFORMANTS.

    (a) In General.--Section 1512 of title 18, United States Code, is 
amended--
        (1) in subsection (a)--
            (A) in paragraph (1), by striking ``as provided in 
        paragraph (2)'' and inserting ``as provided in paragraph (3)'';
            (B) by redesignating paragraph (2) as paragraph (3);
            (C) by inserting after paragraph (1) the following:
    ``(2) Whoever uses physical force or the threat of physical force 
against any person, or attempts to do so, with intent to--
        ``(A) influence, delay, or prevent the testimony of any person 
    in an official proceeding;
        ``(B) cause or induce any person to--
            ``(i) withhold testimony, or withhold a record, document, 
        or other object, from an official proceeding;
            ``(ii) alter, destroy, mutilate, or conceal an object with 
        intent to impair the integrity or availability of the object 
        for use in an official proceeding;
            ``(iii) evade legal process summoning that person to appear 
        as a witness, or to produce a record, document, or other 
        object, in an official proceeding; or
            ``(iv) be absent from an official proceeding to which that 
        person has been summoned by legal process; or
        ``(C) hinder, delay, or prevent the communication to a law 
    enforcement officer or judge of the United States of information 
    relating to the commission or possible commission of a Federal 
    offense or a violation of conditions of probation, supervised 
    release, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).''; and
            (D) in paragraph (3), as redesignated--
                (i) by striking ``and'' at the end of subparagraph (A); 
            and
                (ii) by striking subparagraph (B) and inserting the 
            following:
        ``(B) in the case of--
            ``(i) an attempt to murder; or
            ``(ii) the use or attempted use of physical force against 
        any person;
    imprisonment for not more than 20 years; and
        ``(C) in the case of the threat of use of physical force 
    against any person, imprisonment for not more than 10 years.'';
        (2) in subsection (b), by striking ``or physical force''; and
        (3) by adding at the end the following:
    ``(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''.

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

    (a) In General.--Title 18 of the United States Code is amended--
        (1) in section 401, by inserting ``or both,'' after ``fine or 
    imprisonment,'';
        (2) in section 1705, by inserting ``, or both'' after 
    ``years''; and
        (3) in sections 1916, 2234, and 2235, by inserting ``, or 
    both'' after ``year''.
    (b) Imposition by Magistrate.--Section 636 of title 28, United 
States Code, is amended--
        (1) in subsection (e)(2), by inserting ``, or both,'' after 
    ``fine or imprisonment''; and
        (2) in subsection (e)(3), by inserting ``or both,'' after 
    ``fine or imprisonment,''.

SEC. 3003. REINSTATEMENT OF COUNTS DISMISSED PURSUANT TO A PLEA 
              AGREEMENT.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 3296. Counts dismissed pursuant to a plea agreement

    ``(a) In General.--Notwithstanding any other provision of this 
chapter, any counts of an indictment or information that are dismissed 
pursuant to a plea agreement shall be reinstated by the District Court 
if--
        ``(1) the counts sought to be reinstated were originally filed 
    within the applicable limitations period;
        ``(2) the counts were dismissed pursuant to a plea agreement 
    approved by the District Court under which the defendant pled 
    guilty to other charges;
        ``(3) the guilty plea was subsequently vacated on the motion of 
    the defendant; and
        ``(4) the United States moves to reinstate the dismissed counts 
    within 60 days of the date on which the order vacating the plea 
    becomes final.
    ``(b) Defenses; Objections.--Nothing in this section shall preclude 
the District Court from considering any defense or objection, other 
than statute of limitations, to the prosecution of the counts 
reinstated under subsection (a).''.
    (b) Technical and Conforming Amendment.--Chapter 213 of title 18, 
United States Code, is amended in the table of sections by adding at 
the end the following new item:

``3296. Counts dismissed pursuant to a plea agreement.''.

SEC. 3004. APPEALS FROM CERTAIN DISMISSALS.

    Section 3731 of title 18, United States Code, is amended by 
inserting ``, or any part thereof'' after ``as to any one or more 
counts''.

SEC. 3005. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN 
              CONTROLLED SUBSTANCE CASES.

    (a) Drug Abuse Penalties.--Subparagraphs (A), (B), (C), and (D) of 
section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) are amended by striking ``Any sentence'' and inserting 
``Notwithstanding section 3583 of title 18, any sentence''.
    (b) Penalties for Drug Import and Export.--Section 1010(b) of the 
Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is 
amended--
        (1) in paragraphs (1), (2), and (3), by striking ``Any 
    sentence'' and inserting ``Notwithstanding section 3583 of title 
    18, any sentence''; and
        (2) in paragraph (4), by inserting ``notwithstanding section 
    3583 of title 18,'' before ``in addition to such term of 
    imprisonment''.

SEC. 3006. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBATION OR 
              SUPERVISED RELEASE WHEN REDUCING A SENTENCE OF 
              IMPRISONMENT IN CERTAIN CASES.

    Section 3582(c)(1)(A) of title 18, United States Code, is amended 
by inserting ``(and may impose a term of probation or supervised 
release with or without conditions that does not exceed the unserved 
portion of the original term of imprisonment)'' after ``may reduce the 
term of imprisonment''.

SEC. 3007. CLARIFICATION THAT MAKING RESTITUTION IS A PROPER CONDITION 
              OF SUPERVISED RELEASE.

    Subsections (c) and (e) of section 3583 of title 18, United States 
Code, are amended by striking ``and (a)(6) and inserting ``(a)(6), and 
(a)(7)''.

        TITLE IV--CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002

SEC. 4001. SHORT TITLE.

    This title may be cited as the ``Criminal Law Technical Amendments 
Act of 2002''.

SEC. 4002. TECHNICAL AMENDMENTS RELATING TO CRIMINAL LAW AND PROCEDURE.

    (a) Missing and Incorrect Words.--
        (1) Correction of garbled sentence.--Section 510(c) of title 
    18, United States Code, is amended by striking ``fine of under this 
    title'' and inserting ``fine under this title''.
        (2) Insertion of missing words.--Section 981(d) of title 18, 
    United States Code, is amended by striking ``proceeds from the sale 
    of this section'' and inserting ``proceeds from the sale of such 
    property under this section''.
        (3)  Correction of incorrect word.--Sections 1425 through 1427, 
    1541 through 1544 and 1546(a) of title 18, United States Code, are 
    each amended by striking ``to facility'' and inserting ``to 
    facilitate''.
        (4) Correcting erroneous amendatory language on executed 
    amendment.--Effective on the date of the enactment of Public Law 
    103-322, section 60003(a)(13) of such public law is amended by 
    striking ``$1,000,000 or imprisonment'' and inserting ``$1,000,000 
    and imprisonment''.
        (5) Correction of reference to short title of law.--That 
    section 2332d(a) of title 18, United States Code, which relates to 
    financial transactions is amended by inserting ``of 1979'' after 
    ``Export Administration Act''.
        (6) Elimination of typographical error.--Section 1992(b) of 
    title 18, United States Code, is amended by striking ``term or 
    years'' and inserting ``term of years''.
        (7) Spelling correction.--Section 2339A(a) of title 18, United 
    States Code, is amended by striking ``or an escape'' and inserting 
    ``of an escape''.
        (8) Section 3553.--Section 3553(e) of title 18, United States 
    Code, is amended by inserting ``a'' before ``minimum''.
        (9) Misspelling in section 205.--Section 205(d)(1)(B) of title 
    18, United States Code, is amended by striking ``groups's'' and 
    inserting ``group's''.
        (10) Conforming change and inserting missing word in section 
    709.--The paragraph in section 709 of title 18, United States Code, 
    that begins with ``A person who'' is amended--
            (A) by striking ``A person who'' and inserting ``Whoever''; 
        and
            (B) by inserting ``or'' after the semicolon at the end.
        (11) Error in language being stricken.--Effective on the date 
    of its enactment, section 726(2) of the Antiterrorism and Effective 
    Death Penalty Act of 1996 (Public Law 104-132) is amended--
            (A) in subparagraphs (C) and (E), by striking ``section'' 
        the first place it appears; and
            (B) in subparagraph (G), by striking ``relating to'' the 
        first place it appears.
    (b) Margins, Punctuation, and Similar Errors.--
        (1) Margin error.--Section 1030(c)(2) of title 18, United 
    States Code, is amended so that the margins of subparagraph (B) and 
    each of its clauses, are moved 2 ems to the left.
        (2) Correcting capitalization in language to be stricken.--
    Effective on the date of its enactment, section 607(g)(2) of the 
    Economic Espionage Act of 1996 is amended by striking ``territory'' 
    and inserting ``Territory''.
        (3) Correcting paragraphing.--The material added to section 
    521(a) of title 18, United States Code, by section 607(q) of the 
    Economic Espionage Act of 1996 is amended to appear as a paragraph 
    indented 2 ems from the left margin.
        (4) Subsection placement correction.--Section 1513 of title 18, 
    United States Code, is amended by transferring subsection (d) so 
    that it appears following subsection (c).
        (5) Correction to allow for insertion of new subparagraph and 
    correction of erroneous indentation.--Section 1956(c)(7) of title 
    18, United States Code, is amended--
            (A) in subparagraph (B)(ii), by moving the margin 2 ems to 
        the right;
            (B) by striking ``or'' at the end of subparagraph (D);
            (C) by striking the period at the end of subparagraph (E) 
        and inserting ``; or''; and
            (D) in subparagraph (F)--
                (i) by striking ``Any'' and inserting ``any''; and
                (ii) by striking the period at the end and inserting a 
            semicolon.
        (6) Correction of confusing subdivision designation.--Section 
    1716 of title 18, United States Code, is amended--
            (A) in the first undesignated paragraph, by inserting 
        ``(j)(1)'' before ``Whoever'';
            (B) in the second undesignated paragraph--
                (i) by striking ``not more than $10,000'' and inserting 
            ``under this title''; and
                (ii) by inserting ``(2)'' at the beginning of that 
            paragraph;
            (C) by inserting ``(3)'' at the beginning of the third 
        undesignated paragraph; and
            (D) by redesignating subsection (j) as subsection (k).
        (7) Punctuation correction in section 1091.--Section 1091(b)(1) 
    of title 18, United States Code, is amended by striking 
    ``subsection (a)(1),'' and inserting ``subsection (a)(1)''.
        (8) Punctuation correction in section 2311.--Section 2311 of 
    title 18, United States Code, is amended by striking the period 
    after ``carcasses thereof'' the second place that term appears and 
    inserting a semicolon.
        (9) Syntax correction.--Section 115(b)(2) of title 18, United 
    States Code, is amended by striking ``, attempted kidnapping, or 
    conspiracy to kidnap of a person'' and inserting ``or attempted 
    kidnapping of, or a conspiracy to kidnap, a person''.
        (10) Correcting capitalization in section 982.--Section 
    982(a)(8) of title 18, United States Code, is amended by striking 
    ``Court'' and inserting ``court''.
        (11) Punctuation corrections in section 1029.--Section 1029 of 
    title 18, United States Code, is amended--
            (A) in subsection (c)(1)(A)(ii), by striking ``(9),'' and 
        inserting ``(9)''; and
            (B) in subsection (e), by adding a semicolon at the end of 
        paragraph (8).
        (12) Corrections of connectors and punctuation in section 
    1030.--Section 1030 of title 18, United States Code, is amended--
            (A) by inserting ``and'' at the end of subsection 
        (c)(2)(B)(iii); and
            (B) by striking the period at the end of subsection 
        (e)(4)(I) and inserting a semicolon.
        (13) Correction of punctuation in section 1032.--Section 
    1032(1) of title 18, United States Code, is amended by striking 
    ``13,'' and inserting ``13''.
        (14) Correction of punctuation in section 1345.--Section 
    1345(a)(1) of title 18, United States Code, is amended--
            (A) in subparagraph (B), by striking ``, or'' and inserting 
        ``; or''; and
            (B) in subparagraph (C), by striking the period and 
        inserting a semicolon.
        (15) Correction of punctuation in section 3612.--Section 
    3612(f)(2)(B) of title 18, United States Code, is amended by 
    striking ``preceding.'' and inserting ``preceding''.
        (16) Correction of indentation in controlled substances act.--
    Section 402(c)(2) of the Controlled Substances Act (21 U.S.C. 
    842(c)(2)) is amended by moving the margin of subparagraph (C) 2 
    ems to the left.
    (c) Elimination of Redundancies.--
        (1) Elimination of duplicate amendments.--Effective on the date 
    of its enactment, paragraphs (1), (2), and (4) of section 601(b), 
    paragraph (2) of section 601(d), paragraph (2) of section 601(f), 
    paragraphs (1) and (2)(A) of section 601(j), paragraphs (1) and (2) 
    of section 601(k), subsection (d) of section 602, paragraph (4) of 
    section 604(b), subsection (r) of section 605, and paragraph (2) of 
    section 607(j) of the Economic Espionage Act of 1996 are repealed.
        (2) Elimination of extra comma.--Section 1956(c)(7)(D) of title 
    18, United States Code, is amended--
            (A) by striking ``Code,,'' and inserting ``Code,''; and
            (B) by striking ``services),,'' and inserting 
        ``services),''.
        (3) Repeal of section granting duplicative authority.--
            (A) Section 3503 of title 18, United States Code, is 
        repealed.
            (B) The table of sections at the beginning of chapter 223 
        of title 18, United States Code, is amended by striking the 
        item relating to section 3503.
        (4) Elimination of outmoded reference to parole.--Section 
    929(b) of title 18, United States Code, is amended by striking the 
    last sentence.
    (d) Correction of Outmoded Fine Amounts.--
        (1) In title 18, united states code.--
            (A) In section 492.--Section 492 of title 18, United States 
        Code, is amended by striking ``not more than $100'' and 
        inserting ``under this title''.
            (B) In section 665.--Section 665(c) of title 18, United 
        States Code, is amended by striking ``a fine of not more than 
        $5,000'' and inserting ``a fine under this title''.
            (C) In sections 1924, 2075, 2113(b), and 2236.--
                (i) Section 1924(a) of title 18, United States Code, is 
            amended by striking ``not more than $1,000,'' and inserting 
            ``under this title''.
                (ii) Sections 2075 and 2113(b) of title 18, United 
            States Code, are each amended by striking ``not more than 
            $1,000'' and inserting ``under this title''.
                (iii) Section 2236 of title 18, United States Code, is 
            amended by inserting ``under this title'' after ``warrant, 
            shall be fined'', and by striking ``not more than $1,000''.
            (D) In section 372 and 752.--Sections 372 and 752(a) of 
        title 18, United States Code, are each amended by striking 
        ``not more than $5,000'' and inserting ``under this title''.
            (E) In section 924(e)(1).--Section 924(e)(1) of title 18, 
        United States Code, is amended by striking ``not more than 
        $25,000'' and inserting ``under this title''.
        (2) In the controlled substances act.--
            (A) In section 401.--Section 401(d) of the Controlled 
        Substances Act (21 U.S.C. 841(d)) is amended--
                (i) in paragraph (1), by striking ``and shall be fined 
            not more than $10,000'' and inserting ``or fined under 
            title 18, United States Code, or both''; and
                (ii) in paragraph (2), by striking ``and shall be fined 
            not more than $20,000'' and inserting ``or fined under 
            title 18, United States Code, or both''.
            (B) In section 402.--Section 402(c)(2) of the Controlled 
        Substances Act (21 U.S.C. 842(c)) is amended--
                (i) in subparagraph (A), by striking ``of not more than 
            $25,000'' and inserting ``under title 18, United States 
            Code''; and
                (ii) in subparagraph (B), by striking ``of $50,000'' 
            and inserting ``under title 18, United States Code''.
            (C) In section 403.--Section 403(d) of the Controlled 
        Substances Act (21 U.S.C. 843(d)) is amended--
                (i) by striking ``of not more than $30,000'' each place 
            that term appears and inserting ``under title 18, United 
            States Code''; and
                (ii) by striking ``of not more than $60,000'' each 
            place it appears and inserting ``under title 18, United 
            States Code''.
    (e) Cross Reference Corrections.--
        (1) Section 3664.--Section 3664(o)(1)(C) of title 18, United 
    States Code, is amended by striking ``section 3664(d)(3)'' and 
    inserting ``subsection (d)(5)''.
        (2) Chapter 228.--Section 3592(c)(1) of title 18, United States 
    Code, is amended by striking ``section 36'' and inserting ``section 
    37''.
        (3) Correcting erroneous cross reference in controlled 
    substances act.--Section 511(a)(10) of the Controlled Substances 
    Act (21 U.S.C. 881(a)(10)) is amended by striking ``1822 of the 
    Mail Order Drug Paraphernalia Control Act'' and inserting ``422''.
        (4) Correction to reflect cross reference change made by other 
    law.--Effective on the date of its enactment, section 601(c)(3) of 
    the Economic Espionage Act of 1996 is amended by striking 
    ``247(d)'' and inserting ``247(e)''.
        (5) Typographical and typeface error in table of chapters.--The 
    item relating to chapter 123 in the table of chapters at the 
    beginning of part I of title 18, United States Code, is amended--
            (A) by striking ``2271'' and inserting ``2721''; and
            (B) so that the item appears in bold face type.
        (6) Section 4104.--Section 4104(d) of title 18, United States 
    Code, is amended by striking ``section 3653 of this title and rule 
    32(f) of'' and inserting ``section 3565 of this title and the 
    applicable provisions of''.
        (7) Error in amendatory language.--Effective on the date of its 
    enactment, section 583 of the Foreign Operations, Export Financing, 
    and Related Programs Appropriations Act, 1998 (111 Stat. 2436) is 
    amended by striking ``Section 2401'' and inserting ``Section 
    2441''.
        (8) Error in cross reference to court rules.--The first 
    sentence of section 3593(c) of title 18, United States Code, is 
    amended by striking ``rule 32(c)'' and inserting ``rule 32''.
        (9) Section 1836.--Section 1836 of title 18, United States 
    Code, is amended--
            (A) in subsection (a), by striking ``this section'' and 
        inserting ``this chapter''; and
            (B) in subsection (b), by striking ``this subsection'' and 
        inserting ``this section''.
        (10) Correction of erroneous cite in chapter 119.--Section 
    2510(10) of title 18, United States Code, is amended by striking 
    ``shall have'' and all that follows through ``United States Code;'' 
    and inserting ``has the meaning given that term in section 3 of the 
    Communications Act of 1934;''.
        (11) Elimination of outmoded cite in section 2339a.--Section 
    2339A(a) of title 18, United States Code, is amended by striking 
    ``2332c,''.
        (12) Correction of references in amendatory language.--
    Effective the date of its enactment, section 115(a)(8)(B) of Public 
    Law 105-119 is amended--
            (A) in clause (i)--
                (i) by striking ``at the end of'' and inserting 
            ``following''; and
                (ii) by striking ``paragraph'' the second place it 
            appears and inserting ``subsection''; and
            (B) in clause (ii), by striking ``subparagraph (A)'' and 
        inserting ``clause (i)''.
    (f) Tables of Sections Corrections.--
        (1) Conforming table of sections to heading of section.--The 
    item relating to section 1837 in the table of sections at the 
    beginning of chapter 90 of title 18, United States Code, is amended 
    by striking ``Conduct'' and inserting ``Applicability to conduct''.
        (2) Conforming heading to table of sections entry.--The heading 
    of section 1920 of title 18, United States Code, is amended by 
    striking ``employee's'' and inserting ``employees'''.

SEC. 4003. ADDITIONAL TECHNICALS.

    (a) Title 18.--Title 18, United States Code, is amended--
        (1) in section 922(t)(1)(C), by striking ``1028(d)(1)'' and 
    inserting ``1028(d)'';
        (2) in section 1005--
            (A) in the first undesignated paragraph, by striking 
        ``Act,,'' and inserting ``Act,''; and
            (B) by inserting ``or'' at the end of the third 
        undesignated paragraph;
        (3) in section 1071, by striking ``fine of under this title'' 
    and inserting ``fine under this title'';
        (4) in section 1368(a), by inserting ``to'' after ``serious 
    bodily injury'';
        (5) in subsections (b)(1) and (c) of section 2252A, by striking 
    ``paragraphs'' and inserting ``paragraph''; and
        (6) in section 2254(a)(3), by striking the comma before the 
    period at the end.
    (b) Title 28.--Title 28, United States Code, is amended--
        (1) in section 509(3), by striking the second period;
        (2) in section 526--
            (A) in the heading, by striking ``and'' before 
        ``trustees''; and
            (B) in subsection (a)(1), by striking the second comma 
        after ``marshals'';
        (3) in section 529(b)(2), as hereinbefore added, by striking 
    the matter between ``services contract'' and ``made,'';
        (4) in section 534(a)(3), by inserting ``and'' after the 
    semicolon;
        (5) in the item relating to section 526 in the table of 
    sections at the beginning of chapter 31, by striking ``and'' before 
    ``trustees'';
        (6) in the item relating to chapter 37 in the table of chapters 
    at the beginning of part II, by inserting ``Service'' after 
    ``Marshals'';
        (7) in the item relating to section 532 in the table of 
    sections at the beginning of chapter 33, by inserting ``the'' after 
    ``of''; and
        (8) in the item relating to section 537 in the table of 
    sections at the beginning of chapter 33, by striking ``nature'' and 
    inserting ``character''.

SEC. 4004. REPEAL OF OUTMODED PROVISIONS.

    (a) Section 14 of title 18, United States Code, and the item 
relating thereto in the table of sections at the beginning of chapter 1 
of title 18, United States Code, are repealed.
    (b) Section 1261 of such title is amended--
        (1) by striking ``(a) The Secretary'' and inserting ``The 
    Secretary''; and
        (2) by striking subsection (b).
    (c) Section 1821 of such title is amended by striking ``, the Canal 
Zone''.
    (d) Section 3183 of such title is amended by striking ``or the 
Panama Canal Zone,''.
    (e) Section 3241 of such title is amended by striking ``United 
States District Court for the Canal Zone and the''.
    (f) Any section of any Act enacted on the antepenultimate day of 
November 2001, which section provides for any amendment to chapter 31 
of title 28, United States Code, is hereby repealed.

SEC. 4005. AMENDMENTS RESULTING FROM PUBLIC LAW 107-56.

    (a) Margin Corrections.--
        (1) Section 2516(1) of title 18, United States Code, is amended 
    by moving the left margin for subsection (q) 2 ems to the right.
        (2) Section 2703(c)(1) of title 18, United States Code, is 
    amended by moving the left margin of subparagraph (E) 2 ems to the 
    left.
        (3) Section 1030(a)(5) of title 18, United States Code, is 
    amended by moving the left margin of subparagraph (B) 2 ems to the 
    left.
    (b) Correction of Wrongly Worded Clerical Amendment.--Effective on 
the date of its enactment, section 223(c)(2) of Public Law 107-56 is 
amended to read as follows:
    ``(2) The table of sections at the beginning of chapter 121 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``2712. Civil actions against the United States.''.

    (c) Correction of Erroneous Placement of Amendment Language.--
Effective on the date of its enactment, section 225 of Public Law 107-
56 is amended--
        (1) by striking ``after subsection (g)'' and inserting ``after 
    subsection (h)''; and
        (2) by redesignating the subsection added to section 105 of 
    section 105 of the Foreign Intelligence Surveillance Act of 1978 
    (50 U.S.C. 1805) as subsection (i).
    (d) Punctuation Corrections.--
        (1) Section 1956(c)(6)(B) of title 18, United States Code, is 
    amended by striking the period and inserting a semicolon.
        (2) Effective on the date of its enactment, section 803(a) of 
    Public Law 107-56 is amended by striking the close quotation mark 
    and period that follows at the end of subsection (a) in the matter 
    proposed to be inserted in title 18, United States Code, as a new 
    section 2339.
        (3) Section 1030(c)(3)(B) of title 18, United States Code, is 
    amended by inserting a comma after ``(a)(4)''.
    (e) Elimination of Duplicate Amendment.--Effective on the date of 
its enactment, section 805 of Public Law 107-56 is amended by striking 
subsection (b).
    (f) Correction of Unexecutable Amendments.--
        (1) Effective on the date of its enactment, section 813(2) of 
    Public Law 107-56 is amended by striking ``semicolon'' and 
    inserting ``period''.
        (2) Effective on the date of its enactment, section 815 of 
    Public Law 107-56 is amended by inserting ``a'' before ``statutory 
    authorization''.
    (g) Correction of Heading Style.--The heading for section 175b of 
title 18, United States Code, is amended to read as follows:

``Sec. 175b. Possession by restricted persons''.

SEC. 4006. CROSS REFERENCE CORRECTION.

    Section 2339C(a)(1) of title 18, United States Code, is amended by 
striking ``described in subsection (c)'' and inserting ``described in 
subsection (b)''.

      TITLE V--PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

SEC. 5001. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.

    (a) State Applications.--Section 503(a)(13)(A)(iii) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3753(a)(13)(A)(iii)) is amended by striking ``or the National 
Association of Medical Examiners,'' and inserting ``, the National 
Association of Medical Examiners, or any other nonprofit, professional 
organization that may be recognized within the forensic science 
community as competent to award such accreditation,''.
    (b) Forensic Sciences Improvement Grants.--Part BB of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797j 
et seq.) is amended--
        (1) in section 2801, by inserting after ``States'' the 
    following: `` and units of local government'';
        (2) in section 2802--
            (A) in the matter before paragraph (1), by inserting ``or 
        unit of local government'' after ``State'';
            (B) in paragraph (1), to read as follows:
        ``(1) a certification that the State or unit of local 
    government has developed a plan for forensic science laboratories 
    under a program described in section 2804(a), and a specific 
    description of the manner in which the grant will be used to carry 
    out that plan;'';
            (C) in paragraph (2), by inserting ``or appropriate 
        certifying bodies'' before the semicolon; and
            (D) in paragraph (3), by inserting ``for a State or local 
        plan'' after ``program'';
        (3) in section 2803(a)(2), by striking ``to States with'' and 
    all that follows through the period and inserting ``for competitive 
    awards to States and units of local government. In making awards 
    under this part, the Attorney General shall consider the average 
    annual number of part 1 violent crimes reported by each State to 
    the Federal Bureau of Investigation for the 3 most recent calendar 
    years for which data is available and consider the existing 
    resources and current needs of the potential grant recipient.'';
        (4) in section 2804--
            (A) in subsection (a), by inserting ``or unit of local 
        government'' after ``A State''; and
            (B) in subsection (c)(1), by inserting ``(including grants 
        received by units of local government within a State)'' after 
        ``under this part''; and
        (5) in section 2806(a)--
            (A) in the matter before paragraph (1), by inserting ``or 
        unit of local government'' after ``each State''; and
            (B) in paragraph (1), by inserting before the semicolon the 
        following: ``, which shall include a comparison of pre-grant 
        and post-grant forensic science capabilities''
            (C) in paragraph (2), by striking ``and'' at the end;
            (D) by redesignating paragraph (3) as paragraph (4); and
            (E) by inserting after paragraph (2) the following:
        ``(3) an identification of the number and type of cases 
    currently accepted by the laboratory; and''.

SEC. 5002. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each of fiscal years 
2002 through 2007--
        (1) such sums as may be necessary for the Center for Domestic 
    Preparedness of the Department of Justice in Anniston, Alabama;
        (2) such sums as may be necessary for the Texas Engineering 
    Extension Service of Texas A&M University;
        (3) such sums as may be necessary for the Energetic Materials 
    Research and Test Center of the New Mexico Institute of Mining and 
    Technology;
        (4) such sums as may be necessary for the Academy of 
    Counterterrorist Education at Louisiana State University;
        (5) such sums as may be necessary for the National Exercise, 
    Test, and Training Center of the Department of Energy, located at 
    the Nevada test site;
        (6) such sums as may be necessary for the National Center for 
    the Study of Counter-Terrorism and Cyber-Crime at Norwich 
    University; and
        (7) such sums as may be necessary for the Northeast Counterdrug 
    Training Center at Fort Indiantown Gap, Pennsylvania.

     DIVISION C--IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE, 
IMMIGRATION, JUVENILE JUSTICE, AND INTELLECTUAL PROPERTY AND ANTITRUST 
                                  LAWS
       TITLE I--CRIMINAL JUSTICE, CIVIL JUSTICE, AND IMMIGRATION
                    Subtitle A--General Improvements

SEC. 11001. LAW ENFORCEMENT TRIBUTE ACT.

    (a) Short Title.--This section may be cited as the ``Law 
Enforcement Tribute Act''.
    (b) Findings.--Congress finds the following:
        (1) The well-being of all citizens of the United States is 
    preserved and enhanced as a direct result of the vigilance and 
    dedication of law enforcement and public safety personnel.
        (2) More than 700,000 law enforcement officers, both men and 
    women, at great risk to their personal safety, serve their fellow 
    citizens as guardians of peace.
        (3) Nationwide, 51 law enforcement officers were killed in the 
    line of duty in 2000, according to statistics released by the 
    Federal Bureau of Investigation. This number is an increase of 9 
    from the 1999 total of 42.
        (4) In 1999, 112 firefighters died while on duty, an increase 
    of 21 deaths from the previous year.
        (5) Every year, 1 in 9 peace officers is assaulted, 1 in 25 is 
    injured, and 1 in 4,400 is killed in the line of duty.
        (6) In addition, recent statistics indicate that 83 officers 
    were accidentally killed in the performance of their duties in 
    2000, an increase of 18 from the 65 accidental deaths in 1999.
        (7) A permanent tribute is a powerful means of honoring the men 
    and women who have served our Nation with distinction. However, 
    many law enforcement and public safety agencies lack the resources 
    to honor their fallen colleagues.
    (c) Program Authorized.--From amounts made available to carry out 
this section, the Attorney General may make grants to States, units of 
local government, and Indian tribes to carry out programs to honor, 
through permanent tributes, men and women of the United States who were 
killed or disabled while serving as law enforcement or public safety 
officers.
    (d) Uses of Funds.--Grants awarded under this section shall be 
distributed directly to the State, unit of local government, or Indian 
tribe, and shall be used for the purposes specified in subsection (c).
    (e) $150,000 Limitation.--A grant under this section may not exceed 
$150,000 to any single recipient.
    (f) Matching Funds.--
        (1) The Federal portion of the costs of a program provided by a 
    grant under this section may not exceed 50 percent.
        (2) Any funds appropriated by Congress for the activities of 
    any agency of an Indian tribal government or the Bureau of Indian 
    Affairs performing law enforcement or public safety functions on 
    any Indian lands may be used to provide the non-Federal share of a 
    matching requirement funded under this subsection.
    (g) Applications.--To request a grant under this section, the chief 
executive of a State, unit of local government, or Indian tribe shall 
submit an application to the Attorney General at such time, in such 
manner, and accompanied by such information as the Attorney General may 
require.
    (h) Annual Report to Congress.--Not later than November 30 of each 
year, the Attorney General shall submit a report to the Congress 
regarding the activities carried out under this section. Each such 
report shall include, for the preceding fiscal year, the number of 
grants funded under this section, the amount of funds provided under 
those grants, and the activities for which those funds were used.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2002 through 2006.

SEC. 11002. DISCLOSURE OF GRAND JURY MATTERS RELATING TO MONEY 
              LAUNDERING OFFENSES.

    Section 3322(d)(1) of title 18, United States Code, is amended--
        (1) in subparagraph (A), by striking ``or 1344; or'' and 
    inserting ``1344, 1956, or 1957;'';
        (2) in subparagraph (B), by inserting ``or'' after the 
    semicolon; and
        (3) by adding at the end the following:
            ``(C) any provision of subchapter II of chapter 53 of title 
        31, United States Code;''.

SEC. 11003. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC PREPAREDNESS 
              SUPPORT.

    (a) Technical Corrections.--
        (1) Office.--Section 1014(a) of the USA PATRIOT Act (Public Law 
    107-56) is amended by striking ``Office of State and Local Domestic 
    Preparedness Support'' and inserting ``Office for Domestic 
    Preparedness''.
        (2) Percent.--Section 1014(c)(3) of the USA PATRIOT Act (Public 
    Law 107-56) is amended by inserting ``not less than'' before ``0.25 
    percent''.
    (b) Additional Use of Grant Amounts.--Section 1014(b) of the USA 
PATRIOT Act (Public Law 107-56) is amended by inserting at the end the 
following: ``In addition, grants under this section may be used to 
construct, develop, expand, modify, operate, or improve facilities to 
provide training or assistance to State and local first responders.''.

SEC. 11004. UNITED STATES SENTENCING COMMISSION ACCESS TO NCIC 
              TERMINAL.

    Section 534(a) of title 28, United States Code, is amended by 
striking paragraph (4) and inserting the following:
        ``(4) exchange such records and information with, and for the 
    official use of, authorized officials of the Federal Government, 
    including the United States Sentencing Commission, the States, 
    cities, and penal and other institutions.''.

SEC. 11005. DANGER PAY FOR FBI AGENTS.

    Section 151 of the Foreign Relations Act, fiscal years 1990 and 
1991 (5 U.S.C. 5928 note), is amended by inserting ``or Federal Bureau 
of Investigation'' after ``Drug Enforcement Administration''.

SEC. 11006. POLICE CORPS.

    Subtitle A of title XX of the Violent Crime Control and Law 
Enforcement Act of 1994, the Police Corps Act (42 U.S.C. 14091 et 
seq.), is amended--
        (1) in section 200106--
            (A) in subsection (a)(2)--
                (i) in subparagraph (A), by striking ``$7,500'' and 
            inserting ``$10,000'';
                (ii) in subparagraph (B), by striking ``$10,000'' and 
            inserting ``$13,333''; and
                (iii) in subparagraph (C), by striking ``$30,000'' and 
            inserting ``$40,000''; and
            (B) in subsection (b)(2)--
                (i) in subparagraph (A), by striking ``$7,500'' and 
            inserting ``$10,000'';
                (ii) in subparagraph (B), by striking ``$10,000'' and 
            inserting ``$13,333''; and
                (iii) in subparagraph (C), by striking ``$30,000'' and 
            inserting ``$40,000'';
        (2) in section 200108, by striking ``$250'' and inserting 
    ``$400'';
        (3) in section 200110(2), by striking ``no more than 10 
    percent'' and inserting ``except with permission of the Director, 
    no more than 25 percent'';
        (4) by striking section 200111; and
        (5) in section 200112, by striking ``fiscal year 2002'' and 
    inserting ``each of fiscal years 2002 through 2005''.

SEC. 11007. RADIATION EXPOSURE COMPENSATION TECHNICAL AMENDMENTS.

    (a) In General.--The Radiation Exposure Compensation Act (42 U.S.C. 
2210 note) is amended--
        (1) in section 4(b)(1)(C), by inserting ``, and that part of 
    Arizona that is north of the Grand Canyon'' after ``Gila'';
        (2) in section 4(b)(2)--
            (A) by striking ``lung cancer (other than in situ lung 
        cancer that is discovered during or after a post-mortem 
        exam),''; and
            (B) by striking ``or liver (except if cirrhosis or 
        hepatitis B is indicated).'' and inserting ``liver (except if 
        cirrhosis or hepatitis B is indicated), or lung.'';
        (3) in section 5(a)(1)(A)(ii)(I), by inserting ``or worked for 
    at least 1 year during the period described under clause (i)'' 
    after ``months of radiation'';
        (4) in section 5(a)(2)(A), by striking ``an Atomic Energy 
    Commission'' and inserting ``a'';
        (5) in section 5(b)(5), by striking ``or lung cancer'';
        (6) in section 5(c)(1)(B)(i), by striking ``or lung cancer'';
        (7) in section 5(c)(2)(B)(i), by striking ``or lung cancer'';
        (8) in section 6(e)--
            (A) by striking ``The'' and inserting ``Except as otherwise 
        authorized by law, the''; and
            (B) by inserting ``, mill, or while employed in the 
        transport of uranium ore or vanadium-uranium ore from such mine 
        or mill'' after ``radiation in a uranium mine'';
        (9) in section 6(i), by striking the second sentence;
        (10) in section 6(k), by adding at the end the following: ``Not 
    later than 180 days after the date of enactment of the Radiation 
    Exposure Compensation Act Amendments of 2000, the Attorney General 
    shall issue revised regulations to carry out this Act.'';
        (11) in section 7, by amending subsection (b) to read as 
    follows:
    ``(b) Choice of Remedies.--No individual may receive more than 1 
payment under this Act.''; and
        (12) by adding at the end the following:

``SEC. 14. GAO REPORTS.

    ``(a) In General.--Not later than 18 months after the date of 
enactment of the Radiation Exposure Compensation Act Amendments of 
2000, and every 18 months thereafter, the General Accounting Office 
shall submit a report to Congress containing a detailed accounting of 
the administration of this Act by the Department of Justice.
    ``(b) Contents.--Each report submitted under this section shall 
include an analysis of--
        ``(1) claims, awards, and administrative costs under this Act; 
    and
        ``(2) the budget of the Department of Justice relating to this 
    Act.''.
    (b) Conforming Amendments.--Section 3 of the Radiation Exposure 
Compensation Act Amendments of 2000 (Public Law 106-245) is amended by 
striking subsection (i).

SEC. 11008. FEDERAL JUDICIARY PROTECTION ACT OF 2002.

    (a) Short Title.--This section may be cited as the ``Federal 
Judiciary Protection Act of 2002''.
    (b) Assaulting, Resisting, or Impeding Certain Officers or 
Employees.--Section 111 of title 18, United States Code, is amended--
        (1) in subsection (a), by striking ``three'' and inserting 
    ``8''; and
        (2) in subsection (b), by striking ``ten'' and inserting 
    ``20''.
    (c) Influencing, Impeding, or Retaliating Against a Federal 
Official by Threatening or Injuring a Family Member.--Section 115(b)(4) 
of title 18, United States Code, is amended--
        (1) by striking ``five'' and inserting ``10''; and
        (2) by striking ``three'' and inserting ``6''.
    (d) Mailing Threatening Communications.--Section 876 of title 18, 
United States Code, is amended--
        (1) by designating the first 4 undesignated paragraphs as 
    subsections (a) through (d), respectively;
        (2) in subsection (c), as redesignated by paragraph (1), by 
    adding at the end the following: ``If such a communication is 
    addressed to a United States judge, a Federal law enforcement 
    officer, or an official who is covered by section 1114, the 
    individual shall be fined under this title, imprisoned not more 
    than 10 years, or both.''; and
        (3) in subsection (d), as redesignated by paragraph (1), by 
    adding at the end the following: ``If such a communication is 
    addressed to a United States judge, a Federal law enforcement 
    officer, or an official who is covered by section 1114, the 
    individual shall be fined under this title, imprisoned not more 
    than 10 years, or both.''.
    (e) Amendment of the Sentencing Guidelines for Assaults and Threats 
Against Federal Judges and Certain Other Federal Officials and 
Employees.--
        (1) In general.--Pursuant to its authority under section 994 of 
    title 28, United States Code, the United States Sentencing 
    Commission shall review and amend the Federal sentencing guidelines 
    and the policy statements of the commission, if appropriate, to 
    provide an appropriate sentencing enhancement for offenses 
    involving influencing, assaulting, resisting, impeding, retaliating 
    against, or threatening a Federal judge, magistrate judge, or any 
    other official described in section 111 or 115 of title 18, United 
    States Code.
        (2) Factors for consideration.--In carrying out this section, 
    the United States Sentencing Commission shall consider, with 
    respect to each offense described in paragraph (1)--
            (A) any expression of congressional intent regarding the 
        appropriate penalties for the offense;
            (B) the range of conduct covered by the offense;
            (C) the existing sentences for the offense;
            (D) the extent to which sentencing enhancements within the 
        Federal sentencing guidelines and the authority of the court to 
        impose a sentence in excess of the applicable guideline range 
        are adequate to ensure punishment at or near the maximum 
        penalty for the most egregious conduct covered by the offense;
            (E) the extent to which the Federal sentencing guideline 
        sentences for the offense have been constrained by statutory 
        maximum penalties;
            (F) the extent to which the Federal sentencing guidelines 
        for the offense adequately achieve the purposes of sentencing 
        as set forth in section 3553(a)(2) of title 18, United States 
        Code;
            (G) the relationship of the Federal sentencing guidelines 
        for the offense to the Federal sentencing guidelines for other 
        offenses of comparable seriousness; and
            (H) any other factors that the Commission considers to be 
        appropriate.

SEC. 11009. JAMES GUELFF AND CHRIS MCCURLEY BODY ARMOR ACT OF 2002.

    (a) Short Title.--This section may be cited as the ``James Guelff 
and Chris McCurley Body Armor Act of 2002''.
    (b) Findings.--Congress finds that--
        (1) nationally, police officers and ordinary citizens are 
    facing increased danger as criminals use more deadly weaponry, body 
    armor, and other sophisticated assault gear;
        (2) crime at the local level is exacerbated by the interstate 
    movement of body armor and other assault gear;
        (3) there is a traffic in body armor moving in or otherwise 
    affecting interstate commerce, and existing Federal controls over 
    such traffic do not adequately enable the States to control this 
    traffic within their own borders through the exercise of their 
    police power;
        (4) recent incidents, such as the murder of San Francisco 
    Police Officer James Guelff by an assailant wearing 2 layers of 
    body armor, a 1997 bank shoot out in north Hollywood, California, 
    between police and 2 heavily armed suspects outfitted in body 
    armor, and the 1997 murder of Captain Chris McCurley of the Etowah 
    County, Alabama Drug Task Force by a drug dealer shielded by 
    protective body armor, demonstrate the serious threat to community 
    safety posed by criminals who wear body armor during the commission 
    of a violent crime;
        (5) of the approximately 1,500 officers killed in the line of 
    duty since 1980, more than 30 percent could have been saved by body 
    armor, and the risk of dying from gunfire is 14 times higher for an 
    officer without a bulletproof vest;
        (6) the Department of Justice has estimated that 25 percent of 
    State and local police are not issued body armor;
        (7) the Federal Government is well-equipped to grant local 
    police departments access to body armor that is no longer needed by 
    Federal agencies; and
        (8) Congress has the power, under the interstate commerce 
    clause and other provisions of the Constitution of the United 
    States, to enact legislation to regulate interstate commerce that 
    affects the integrity and safety of our communities.
    (c) Definitions.--In this section:
        (1) Body armor.--The term ``body armor'' means any product sold 
    or offered for sale, in interstate or foreign commerce, as personal 
    protective body covering intended to protect against gunfire, 
    regardless of whether the product is to be worn alone or is sold as 
    a complement to another product or garment.
        (2) Law enforcement agency.--The term ``law enforcement 
    agency'' means an agency of the United States, a State, or a 
    political subdivision of a State, authorized by law or by a 
    government agency to engage in or supervise the prevention, 
    detection, investigation, or prosecution of any violation of 
    criminal law.
        (3) Law Enforcement Officer.--The term ``law enforcement 
    officer'' means any officer, agent, or employee of the United 
    States, a State, or a political subdivision of a State, authorized 
    by law or by a government agency to engage in or supervise the 
    prevention, detection, investigation, or prosecution of any 
    violation of criminal law.
    (d) Amendment of Sentencing Guidelines With Respect to Body 
Armor.--
        (1) In general.--Pursuant to its authority under section 994(p) 
    of title 28, United States Code, the United States Sentencing 
    Commission shall review and amend the Federal sentencing guidelines 
    and the policy statements of the Commission, as appropriate, to 
    provide an appropriate sentencing enhancement for any crime of 
    violence (as defined in section 16 of title 18, United States Code) 
    or drug trafficking crime (as defined in section 924(c) of title 
    18, United States Code) (including a crime of violence or drug 
    trafficking crime that provides for an enhanced punishment if 
    committed by the use of a deadly or dangerous weapon or device) in 
    which the defendant used body armor.
        (2) Sense of Congress.--It is the sense of Congress that any 
    sentencing enhancement under this subsection should be at least 2 
    levels.
    (e) Prohibition of Purchase, Use, or Possession of Body Armor by 
Violent Felons.--
        (1) Definition of body armor.--Section 921(a) of title 18, 
    United States Code, is amended by adding at the end the following:
        ``(35) The term `body armor' means any product sold or offered 
    for sale, in interstate or foreign commerce, as personal protective 
    body covering intended to protect against gunfire, regardless of 
    whether the product is to be worn alone or is sold as a complement 
    to another product or garment.''.
        (2) Prohibition.--
            (A) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following:

``Sec. 931. Prohibition on purchase, ownership, or possession of body 
            armor by violent felons

    ``(a) In General.--Except as provided in subsection (b), it shall 
be unlawful for a person to purchase, own, or possess body armor, if 
that person has been convicted of a felony that is--
        ``(1) a crime of violence (as defined in section 16); or
        ``(2) an offense under State law that would constitute a crime 
    of violence under paragraph (1) if it occurred within the special 
    maritime and territorial jurisdiction of the United States.
    ``(b) Affirmative Defense.--
        ``(1) In general.--It shall be an affirmative defense under 
    this section that--
            ``(A) the defendant obtained prior written certification 
        from his or her employer that the defendant's purchase, use, or 
        possession of body armor was necessary for the safe performance 
        of lawful business activity; and
            ``(B) the use and possession by the defendant were limited 
        to the course of such performance.
        ``(2) Employer.--In this subsection, the term `employer' means 
    any other individual employed by the defendant's business that 
    supervises defendant's activity. If that defendant has no 
    supervisor, prior written certification is acceptable from any 
    other employee of the business.''.
            (B) Clerical amendment.--The analysis for chapter 44 of 
        title 18, United States Code, is amended by adding at the end 
        the following:

``931. Prohibition on purchase, ownership, or possession of body armor 
          by violent felons.''.

        (3) Penalties.--Section 924(a) of title 18, United States Code, 
    is amended by adding at the end the following:
    ``(7) Whoever knowingly violates section 931 shall be fined under 
this title, imprisoned not more than 3 years, or both.''.
    (f) Donation of Federal Surplus Body Armor.--
        (1) Definitions.--In this subsection, the terms ``Federal 
    agency'' and ``surplus property'' have the meanings given such 
    terms under section 3 of the Federal Property and Administrative 
    Services Act of 1949 (40 U.S.C. 472).
        (2) Donation of body armor.--Notwithstanding section 203 of the 
    Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
    484), the head of a Federal agency may donate body armor directly 
    to any State or local law enforcement agency, if such body armor--
            (A) is in serviceable condition;
            (B) is surplus property; and
            (C) meets or exceeds the requirements of National Institute 
        of Justice Standard 0101.03 (as in effect on the date of 
        enactment of this Act).
        (3) Notice to administrator.--The head of a Federal agency who 
    donates body armor under this subsection shall submit to the 
    Administrator of General Services a written notice identifying the 
    amount of body armor donated and each State or local law 
    enforcement agency that received the body armor.
        (4) Donation by certain officers.--
            (A) Department of justice.--In the administration of this 
        subsection with respect to the Department of Justice, in 
        addition to any other officer of the Department of Justice 
        designated by the Attorney General, the following officers may 
        act as the head of a Federal agency:
                (i) The Administrator of the Drug Enforcement 
            Administration.
                (ii) The Director of the Federal Bureau of 
            Investigation.
                (iii) The Commissioner of the Immigration and 
            Naturalization Service.
                (iv) The Director of the United States Marshals 
            Service.
            (B) Department of the treasury.--In the administration of 
        this subsection with respect to the Department of the Treasury, 
        in addition to any other officer of the Department of the 
        Treasury designated by the Secretary of the Treasury, the 
        following officers may act as the head of a Federal agency:
                (i) The Director of the Bureau of Alcohol, Tobacco, and 
            Firearms.
                (ii) The Commissioner of Customs.
                (iii) The Director of the United States Secret Service.
        (5) No liability.--Notwithstanding any other provision of law, 
    the United States shall not be liable for any harm occurring in 
    connection with the use or misuse of any body armor donated under 
    this subsection.

SEC. 11010. PERSONS AUTHORIZED TO SERVE SEARCH WARRANT.

    Section 2703 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) Presence of Officer Not Required.--Notwithstanding section 
3105 of this title, the presence of an officer shall not be required 
for service or execution of a search warrant issued in accordance with 
this chapter requiring disclosure by a provider of electronic 
communications service or remote computing service of the contents of 
communications or records or other information pertaining to a 
subscriber to or customer of such service.''.

SEC. 11011. STUDY ON REENTRY, MENTAL ILLNESS, AND PUBLIC SAFETY.

    (a) Study.--The Attorney General shall commission a study of 
offenders, or a sampling of such offenders, with mental illness 
released from prison or jail in 2 or more jurisdictions, including at 
least 1 State or local and 1 Federal, to determine the extent to which 
participation in public benefit programs correlates with successful 
reentry and improved public safety.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Attorney General shall submit to the Committees on the 
Judiciary of the Senate and the House of Representatives--
        (1) a report detailing the results of the study conducted under 
    subsection (a) with findings that address--
            (A) the number of offenders with mental illness released 
        from the prison or jail who qualify for medicaid, SSI, or SSDI;
            (B) the number of offenders with mental illness who qualify 
        for medicaid, SSI, or SSDI benefits and who are enrolled in 
        these programs upon release from prison or jail; and
            (C) how enrollment in medicaid, SSI, or SSDI affects--
                (i) rearrest;
                (ii) violation of condition(s) of release;
                (iii) reincarceration;
                (iv) rehospitalization;
                (v) the length of time upon release from prison or jail 
            time to the first contact with a mental health or substance 
            abuse service; and
                (vi) the number of contacts with a mental health or 
            substance abuse services within the first 90 days of 
            release; and
        (2) any recommendations.
    (c) Authorization of Appropriations.--There are authorized such 
sums as necessary to conduct the study and issue the report required by 
this section.

SEC. 11012. TECHNICAL AMENDMENT TO OMNIBUS CRIME CONTROL ACT.

    Section 802(b) of the Omnibus Crime Control and Safe Streets Act of 
1968 is amended in the first sentence by striking ``U,'' and inserting 
``T,''.

SEC. 11013. DEBT COLLECTION IMPROVEMENT.

    (a) In General.--Notwithstanding section 3302 of title 31, United 
States Code, or any other statute affecting the crediting of 
collections, the Attorney General may credit, as an offsetting 
collection, to the Department of Justice Working Capital Fund up to 3 
percent of all amounts collected pursuant to civil debt collection 
litigation activities of the Department of Justice. Such amounts in the 
Working Capital Fund shall remain available until expended and shall be 
subject to the terms and conditions of that fund, and shall be used 
first, for paying the costs of processing and tracking civil and 
criminal debt-collection litigation, and, thereafter, for financial 
systems and for debt-collection-related personnel, administrative, and 
litigation expenses.
    (b) Conforming Amendment.--Section 108 of Public Law 103-121 is 
repealed.

SEC. 11014. SCAAP AUTHORIZATION.

    Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)(5)) is amended by striking ``, of which'' and all that follows 
through ``2000'' and inserting ``in fiscal years 2003 and 2004''.

SEC. 11015. USE OF ANNUITY BROKERS IN STRUCTURED SETTLEMENTS.

    (a) Establishment and Transmission of List of Approved Annuity 
Brokers.--Not later than 6 months after the date of enactment of this 
Act, the Attorney General shall establish a list of annuity brokers who 
meet minimum qualifications for providing annuity brokerage services in 
connection with structured settlements entered by the United States. 
This list shall be updated upon request by any annuity broker that 
meets the minimum qualifications for inclusion on the list. The 
Attorney General shall transmit such list, and any updates to such 
list, to all United States Attorneys.
    (b) Authority To Select Annuity Broker for Structured 
Settlements.--In any structured settlement that is not negotiated 
exclusively through the Civil Division of the Department of Justice, 
the United States Attorney (or his designee) involved in any settlement 
negotiations shall have the exclusive authority to select an annuity 
broker from the list of such brokers established by the Attorney 
General, provided that all documents related to any settlement comply 
with Department of Justice requirements.

SEC. 11016. INS PROCESSING FEES.

    The Immigration and Nationality Act is amended--
        (1) in section 344(c) (8 U.S.C. 1455(c)), by striking ``All'' 
    and inserting ``Except as provided by section 286(q)(2) or any 
    other law, all''; and
        (2) in section 286(q)(2) (8 U.S.C. 1356(q)(2)), by inserting 
    ``, including receipts for services performed in processing forms 
    I-94, I-94W, and I-68, and other similar applications processed at 
    land border ports of entry,'' after ``subsection''.

SEC. 11017. UNITED STATES PAROLE COMMISSION EXTENSION.

    (a) Extension of the Parole Commission.--For purposes of section 
235(b) of the Sentencing Reform Act of 1984 (98 Stat. 2032) as such 
section relates to chapter 311 of title 18, United States Code, and the 
Parole Commission, each reference in such section to ``fifteen years'' 
or ``fifteen-year period'' shall be deemed to be a reference to 
``eighteen years'' or ``eighteen-year period'', respectively.
    (b) Study by Attorney General.--The Attorney General, not later 
than 60 days after the enactment of this Act, should establish a 
committee within the Department of Justice to evaluate the merits and 
feasibility of transferring the United States Parole Commission's 
functions regarding the supervised release of District of Columbia 
offenders to another entity or entities outside the Department of 
Justice. This committee should consult with the District of Columbia 
Superior Court and the District of Columbia Court Services and Offender 
Supervision Agency, and should report its findings and recommendations 
to the Attorney General. The Attorney General, in turn, should submit 
to Congress, not later than 18 months after the enactment of this Act, 
a long-term plan for the most effective and cost-efficient assignment 
of responsibilities relating to the supervised release of District of 
Columbia offenders.
    (c) Service as Commissioner.--Notwithstanding subsection (a), the 
final clause of the fourth sentence of section 4202 of title 18, United 
States Code, which begins ``except that'', shall not apply to a person 
serving as a Commissioner of the United States Parole Commission when 
this Act takes effect.

SEC. 11018. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH 
              RESPECT TO INTERNATIONAL MEDICAL GRADUATES.

    (a) Increase in Numerical Limitation on Waivers Requested by 
States.--Section 214(l)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1184(l)(1)(B)) is amended by striking ``20;'' and inserting 
``30;''.
    (b) Extension of Deadline.--Section 220(c) of the Immigration and 
Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) is 
amended by striking ``2002.'' and inserting ``2004.''.
    (c) Technical Correction.--Section 212(e) of the Immigration and 
Nationality Act (8 U.S.C. 1182(e)) is amended by striking ``214(k):'' 
and inserting ``214(l):''.
    (d) Effective Date.--The amendments made by this section shall take 
effect as if this Act were enacted on May 31, 2002.

SEC. 11019. PRETRIAL DISCLOSURE OF EXPERT TESTIMONY RELATING TO 
              DEFENDANT'S MENTAL CONDITION.

    (a) Modification of Proposed Amendments.--The proposed amendments 
to the Federal Rules of Criminal Procedure that are embraced by an 
order entered by the Supreme Court of the United States on April 29, 
2002, shall take effect on December 1, 2002, as otherwise provided by 
law, but with the amendments made in subsection (b).
    (b) Pretrial Disclosure of Expert Testimony.--Rule 16 of the 
Federal Rules of Criminal Procedure is amended--
        (1) in subdivision (a)(1), by amending subparagraph (G) to read 
    as follows:
            ``(G) Expert witnesses.--At the defendant's request, the 
        government must give to the defendant a written summary of any 
        testimony that the government intends to use under Rules 702, 
        703, or 705 of the Federal Rules of Evidence during its case-
        in-chief at trial. If the government requests discovery under 
        subdivision (b)(1)(C)(ii) and the defendant complies, the 
        government must, at the defendant's request, give to the 
        defendant a written summary of testimony that the government 
        intends to use under Rules 702, 703, or 705 of the Federal 
        Rules of Evidence as evidence at trial on the issue of the 
        defendant's mental condition. The summary provided under this 
        subparagraph must describe the witness's opinions, the bases 
        and reasons for those opinions, and the witness's 
        qualifications.''; and
        (2) in subdivision (b)(1), by amending subparagraph (C) to read 
    as follows:
            ``(C) Expert witnesses.--The defendant must, at the 
        government's request, give to the government a written summary 
        of any testimony that the defendant intends to use under Rules 
        702, 703, or 705 of the Federal Rules of Evidence as evidence 
        at trial, if--
                ``(i) the defendant requests disclosure under 
            subdivision (a)(1)(G) and the government complies; or
                ``(ii) the defendant has given notice under Rule 
            12.2(b) of an intent to present expert testimony on the 
            defendant's mental condition.
        This summary must describe the witness's opinions, the bases 
        and reasons for those opinions, and the witness's 
        qualifications''.
    (c) Effective Date.--The amendments made by subsection (b) shall 
take effect on December 1, 2002.

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

    (a) Short Title.--This section may be cited as the ``Multiparty, 
Multiforum Trial Jurisdiction Act of 2002''.
    (b) Multiparty, Multiforum Jurisdiction of District Courts.--
        (1) Basis of jurisdiction.--
            (A) In general.--Chapter 85 of title 28, United States 
        Code, is amended by adding at the end the following new 
        section:

``Sec. 1369. Multiparty, multiforum jurisdiction

    ``(a) In General.--The district courts shall have original 
jurisdiction of any civil action involving minimal diversity between 
adverse parties that arises from a single accident, where at least 75 
natural persons have died in the accident at a discrete location, if--
        ``(1) a defendant resides in a State and a substantial part of 
    the accident took place in another State or other location, 
    regardless of whether that defendant is also a resident of the 
    State where a substantial part of the accident took place;
        ``(2) any two defendants reside in different States, regardless 
    of whether such defendants are also residents of the same State or 
    States; or
        ``(3) substantial parts of the accident took place in different 
    States.
    ``(b) Limitation of Jurisdiction of District Courts.--The district 
court shall abstain from hearing any civil action described in 
subsection (a) in which--
        ``(1) the substantial majority of all plaintiffs are citizens 
    of a single State of which the primary defendants are also 
    citizens; and
        ``(2) the claims asserted will be governed primarily by the 
    laws of that State.
    ``(c) Special Rules and Definitions.--For purposes of this 
section--
        ``(1) minimal diversity exists between adverse parties if any 
    party is a citizen of a State and any adverse party is a citizen of 
    another State, a citizen or subject of a foreign state, or a 
    foreign state as defined in section 1603(a) of this title;
        ``(2) a corporation is deemed to be a citizen of any State, and 
    a citizen or subject of any foreign state, in which it is 
    incorporated or has its principal place of business, and is deemed 
    to be a resident of any State in which it is incorporated or 
    licensed to do business or is doing business;
        ``(3) the term `injury' means--
            ``(A) physical harm to a natural person; and
            ``(B) physical damage to or destruction of tangible 
        property, but only if physical harm described in subparagraph 
        (A) exists;
        ``(4) the term `accident' means a sudden accident, or a natural 
    event culminating in an accident, that results in death incurred at 
    a discrete location by at least 75 natural persons; and
        ``(5) the term `State' includes the District of Columbia, the 
    Commonwealth of Puerto Rico, and any territory or possession of the 
    United States.
    ``(d) Intervening Parties.--In any action in a district court which 
is or could have been brought, in whole or in part, under this section, 
any person with a claim arising from the accident described in 
subsection (a) shall be permitted to intervene as a party plaintiff in 
the action, even if that person could not have brought an action in a 
district court as an original matter.
    ``(e) Notification of Judicial Panel on Multidistrict Litigation.--
A district court in which an action under this section is pending shall 
promptly notify the judicial panel on multidistrict litigation of the 
pendency of the action.''.
            (B) Conforming amendment.--The table of sections at the 
        beginning of chapter 85 of title 28, United States Code, is 
        amended by adding at the end the following new item:

``1369. Multiparty, multiforum jurisdiction.''.

        (2) Venue.--Section 1391 of title 28, United States Code, is 
    amended by adding at the end the following:
    ``(g) A civil action in which jurisdiction of the district court is 
based upon section 1369 of this title may be brought in any district in 
which any defendant resides or in which a substantial part of the 
accident giving rise to the action took place.''.
        (3) Removal of actions.--Section 1441 of title 28, United 
    States Code, is amended--
            (A) in subsection (e) by striking ``(e) The court to which 
        such civil action is removed'' and inserting ``(f) The court to 
        which a civil action is removed under this section''; and
            (B) by inserting after subsection (d) the following new 
        subsection:
    ``(e)(1) Notwithstanding the provisions of subsection (b) of this 
section, a defendant in a civil action in a State court may remove the 
action to the district court of the United States for the district and 
division embracing the place where the action is pending if--
        ``(A) the action could have been brought in a United States 
    district court under section 1369 of this title; or
        ``(B) the defendant is a party to an action which is or could 
    have been brought, in whole or in part, under section 1369 in a 
    United States district court and arises from the same accident as 
    the action in State court, even if the action to be removed could 
    not have been brought in a district court as an original matter.
The removal of an action under this subsection shall be made in 
accordance with section 1446 of this title, except that a notice of 
removal may also be filed before trial of the action in State court 
within 30 days after the date on which the defendant first becomes a 
party to an action under section 1369 in a United States district court 
that arises from the same accident as the action in State court, or at 
a later time with leave of the district court.
    ``(2) Whenever an action is removed under this subsection and the 
district court to which it is removed or transferred under section 
1407(j) has made a liability determination requiring further 
proceedings as to damages, the district court shall remand the action 
to the State court from which it had been removed for the determination 
of damages, unless the court finds that, for the convenience of parties 
and witnesses and in the interest of justice, the action should be 
retained for the determination of damages.
    ``(3) Any remand under paragraph (2) shall not be effective until 
60 days after the district court has issued an order determining 
liability and has certified its intention to remand the removed action 
for the determination of damages. An appeal with respect to the 
liability determination of the district court may be taken during that 
60-day period to the court of appeals with appellate jurisdiction over 
the district court. In the event a party files such an appeal, the 
remand shall not be effective until the appeal has been finally 
disposed of. Once the remand has become effective, the liability 
determination shall not be subject to further review by appeal or 
otherwise.
    ``(4) Any decision under this subsection concerning remand for the 
determination of damages shall not be reviewable by appeal or 
otherwise.
    ``(5) An action removed under this subsection shall be deemed to be 
an action under section 1369 and an action in which jurisdiction is 
based on section 1369 of this title for purposes of this section and 
sections 1407, 1697, and 1785 of this title.
    ``(6) Nothing in this subsection shall restrict the authority of 
the district court to transfer or dismiss an action on the ground of 
inconvenient forum.''.
        (4) Service of process.--
            (A) Other than subpoenas.--(i) Chapter 113 of title 28, 
        United States Code, is amended by adding at the end the 
        following new section:

``Sec. 1697. Service in multiparty, multiforum actions

    ``When the jurisdiction of the district court is based in whole or 
in part upon section 1369 of this title, process, other than subpoenas, 
may be served at any place within the United States, or anywhere 
outside the United States if otherwise permitted by law.''.
            (ii) The table of sections at the beginning of chapter 113 
        of title 28, United States Code, is amended by adding at the 
        end the following new item:

``1697. Service in multiparty, multiforum actions.''.

            (B) Service of subpoenas.--(i) Chapter 117 of title 28, 
        United States Code, is amended by adding at the end the 
        following new section:

``Sec. 1785. Subpoenas in multiparty, multiforum actions

    ``When the jurisdiction of the district court is based in whole or 
in part upon section 1369 of this title, a subpoena for attendance at a 
hearing or trial may, if authorized by the court upon motion for good 
cause shown, and upon such terms and conditions as the court may 
impose, be served at any place within the United States, or anywhere 
outside the United States if otherwise permitted by law.''.
            (ii) The table of sections at the beginning of chapter 117 
        of title 28, United States Code, is amended by adding at the 
        end the following new item:

``1785. Subpoenas in multiparty, multiforum actions.''.

    (c) Effective Date.--The amendments made by subsection (b) shall 
apply to a civil action if the accident giving rise to the cause of 
action occurred on or after the 90th day after the date of the 
enactment of this Act.

SEC. 11021. ADDITIONAL PLACE OF HOLDING COURT IN THE SOUTHERN DISTRICT 
              OF OHIO.

    Section 115(b)(2) of title 28, United States Code, is amended by 
inserting ``St. Clairsville,'' after ``Columbus,''.

SEC. 11022. DIRECT SHIPMENT OF WINE.

    (a) Conditions for Transporting Certain Wine.--During any period in 
which the Federal Aviation Administration has in effect restrictions on 
airline passengers to ensure safety, the direct shipment of wine shall 
be permitted from States where wine is purchased from a winery, to 
another State or the District of Columbia, if--
        (1) the wine was purchased while the purchaser was physically 
    present at the winery;
        (2) the purchaser of the wine provided the winery verification 
    of legal age to purchase alcohol;
        (3) the shipping container in which the wine is shipped is 
    marked to require an adult's signature upon delivery;
        (4) the wine is for personal use only and not for resale; and
        (5) the purchaser could have carried the wine lawfully into the 
    State or the District of Columbia to which the wine is shipped.
    (b) Violations.--If any person fails to meet any of the conditions 
under subsection (a), the attorney general of any State may bring a 
civil action under the same terms as those set out in section 2 of the 
Act entitled ``An Act divesting intoxicating liquors of their 
interstate character in certain cases'', approved March 1, 1913 
(commonly known as the ``Webb-Kenyon Act'') (27 U.S.C. 122a).
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, and at 2-year intervals thereafter, the Attorney General of 
the United States, in consultation with the Administrator of the 
Federal Aviation Administration, shall prepare and submit to the 
Committee on the Judiciary of the Senate and to the Committee on the 
Judiciary of the House of Representatives a report on the 
implementation of this section.

SEC. 11023. WEBSTER COMMISSION IMPLEMENTATION REPORT.

    (a) Implementation Plan.--Not later than 6 months after the date of 
enactment of this Act, the Director of the Federal Bureau of 
Investigation shall submit to the appropriate Committees of Congress a 
plan for implementation of the recommendations of the Commission for 
Review of FBI Security Programs, dated March 31, 2002, including the 
costs of such implementation.
    (b) Annual Reports.--On the date that is 1 year after the 
submission of the plan described in subsection (a), and for 2 years 
thereafter, the Director of the Federal Bureau of Investigation shall 
submit to the appropriate Committees of Congress a report on the 
implementation of such plan.
    (c) Appropriate Committees of Congress.--For purposes of this 
section, the term ``appropriate Committees of Congress'' means--
        (1) the Committees on the Judiciary of the Senate and the House 
    of Representatives;
        (2) the Committees on Appropriations of the Senate and the 
    House of Representatives;
        (3) the Select Committee on Intelligence of the Senate; and
        (4) the Permanent Select Committee on Intelligence of the House 
    of Representatives.

SEC. 11024. FBI POLICE.

    (a) In General.--Chapter 33 of title 28, United States Code, is 
amended by adding at the end the following:

``Sec. 540C. FBI Police

    ``(a) Definitions.--In this section:
        ``(1) Director.--The term ``Director'' means the Director of 
    the Federal Bureau of Investigation.
        ``(2) FBI buildings and grounds.--
            ``(A) In general.--The term ``FBI buildings and grounds'' 
        means--
                ``(i) the whole or any part of any building or 
            structure which is occupied under a lease or otherwise by 
            the Federal Bureau of Investigation and is subject to 
            supervision and control by the Federal Bureau of 
            Investigation;
                ``(ii) the land upon which there is situated any 
            building or structure which is occupied wholly by the 
            Federal Bureau of Investigation; and
                ``(iii) any enclosed passageway connecting 2 or more 
            buildings or structures occupied in whole or in part by the 
            Federal Bureau of Investigation.
            ``(B) Inclusion.--The term ``FBI buildings and grounds'' 
        includes adjacent streets and sidewalks not to exceed 500 feet 
        from such property.
        ``(3) FBI police.--The term ``FBI police'' means the permanent 
    police force established under subsection (b).
    ``(b) Establishment of FBI Police; Duties.--
        ``(1) In general.--Subject to the supervision of the Attorney 
    General, the Director may establish a permanent police force, to be 
    known as the FBI police.
        ``(2) Duties.--The FBI police shall perform such duties as the 
    Director may prescribe in connection with the protection of persons 
    and property within FBI buildings and grounds.
        ``(3) Uniformed representative.--The Director, or designated 
    representative duly authorized by the Attorney General, may appoint 
    uniformed representatives of the Federal Bureau of Investigation as 
    FBI police for duty in connection with the policing of all FBI 
    buildings and grounds.
        ``(4) Authority.--
            ``(A) In general.--In accordance with regulations 
        prescribed by the Director and approved by the Attorney 
        General, the FBI police may--
                ``(i) police the FBI buildings and grounds for the 
            purpose of protecting persons and property;
                ``(ii) in the performance of duties necessary for 
            carrying out subparagraph (A), make arrests and otherwise 
            enforce the laws of the United States, including the laws 
            of the District of Columbia;
                ``(iii) carry firearms as may be required for the 
            performance of duties;
                ``(iv) prevent breaches of the peace and suppress 
            affrays and unlawful assemblies; and
                ``(v) hold the same powers as sheriffs and constables 
            when policing FBI buildings and grounds.
            ``(B) Exception.--The authority and policing powers of FBI 
        police under this paragraph shall not include the service of 
        civil process.
        ``(5) Pay and benefits.--
            ``(A) In general.--The rates of basic pay, salary schedule, 
        pay provisions, and benefits for members of the FBI police 
        shall be equivalent to the rates of basic pay, salary schedule, 
        pay provisions, and benefits applicable to members of the 
        United States Secret Service Uniformed Division.
            ``(B) Application.--Pay and benefits for the FBI police 
        under subparagraph (A)--
                ``(i) shall be established by regulation;
                ``(ii) shall apply with respect to pay periods 
            beginning after January 1, 2003; and
                ``(iii) shall not result in any decrease in the rates 
            of pay or benefits of any individual.
    ``(c) Authority of Metropolitan Police Force.--This section does 
not affect the authority of the Metropolitan Police Force of the 
District of Columbia with respect to FBI buildings and grounds.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 33 of title 28, United States Code, is amended by adding at 
the end the following new item:

``540C. FBI police.''.

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

    (a) In General.--Not later than 9 months after the date of 
enactment of this Act, the Director of the Federal Bureau of 
Investigation, with appropriate comments from other components of the 
Department of Justice, shall submit to Congress a report on the 
information management and technology programs of the Federal Bureau of 
Investigation including recommendations for any legislation that may be 
necessary to enhance the effectiveness of those programs.
    (b) Contents of Report.--The report submitted under subsection (a) 
shall provide--
        (1) an analysis and evaluation of whether authority for waiver 
    of any provision of procurement law (including any regulation 
    implementing such a law) is necessary to expeditiously and cost-
    effectively acquire information technology to meet the unique needs 
    of the Federal Bureau of Investigation to improve its investigative 
    operations in order to respond better to national law enforcement, 
    intelligence, and counterintelligence requirements;
        (2) the results of the studies and audits conducted by the 
    Strategic Management Council and the Inspector General of the 
    Department of Justice to evaluate the information management and 
    technology programs of the Federal Bureau of Investigation, 
    including systems, policies, procedures, practices, and operations; 
    and
        (3) a plan for improving the information management and 
    technology programs of the Federal Bureau of Investigation.
    (c) Results.--The results provided under subsection (b)(2) shall 
include an evaluation of--
        (1) information technology procedures and practices regarding 
    procurement, training, and systems maintenance;
        (2) record keeping policies, procedures, and practices of the 
    Federal Bureau of Investigation, focusing particularly on how 
    information is inputted, stored, managed, utilized, and shared 
    within the Federal Bureau of Investigation;
        (3) how information in a given database is related or compared 
    to, or integrated with, information in other technology databases 
    within the Federal Bureau of Investigation;
        (4) the effectiveness of the existing information technology 
    infrastructure of the Federal Bureau of Investigation in supporting 
    and accomplishing the overall mission of the Federal Bureau of 
    Investigation;
        (5) the management of information technology projects of the 
    Federal Bureau of Investigation, focusing on how the Federal Bureau 
    of Investigation--
            (A) selects its information technology projects;
            (B) ensures that projects under development deliver 
        benefits; and
            (C) ensures that completed projects deliver the expected 
        results; and
        (6) the security and access control techniques for classified 
    and sensitive but unclassified information systems in the Federal 
    Bureau of Investigation.
    (d) Contents of Plan.--The plan provided under subsection (b)(3) 
shall include consideration of, among other things--
        (1) to what extent appropriate key technology management 
    positions in the Federal Bureau of Investigation should be filled 
    by personnel with experience in the commercial sector;
        (2) how access to the most sensitive information can be audited 
    in such a manner that suspicious activity is subject to near 
    contemporaneous security review;
        (3) how critical information systems can employ a public key 
    infrastructure to validate both users and recipients of messages or 
    records;
        (4) how security features can be tested to meet national 
    information systems security standards;
        (5) which employees in the Federal Bureau of Investigation 
    should receive instruction in records and information management 
    policies and procedures relevant to their positions and how 
    frequently they should receive that instruction;
        (6) whether and to what extent a reserve should be established 
    for research and development to guide strategic information 
    management and technology investment decisions;
        (7) whether administrative requirements for software purchases 
    under $2,000,000 are necessary and could be eliminated;
        (8) whether the Federal Bureau of Investigation should contract 
    with an expert technology partner to provide technical support for 
    the information technology procurement for the Federal Bureau of 
    Investigation;
        (9) whether procedures should be implemented to permit 
    procurement of products and services through contracts of other 
    agencies, as necessary; and
        (10) whether a systems integration and test center should be 
    established, with the participation of field personnel, to test 
    each series of information systems upgrades or application changes 
    before their operational deployment to confirm that they meet 
    proper requirements.

SEC. 11026. GAO REPORT ON CRIME STATISTICS REPORTING.

    (a) In General.--Not later than 9 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committees on the Judiciary of the Senate and the 
House of Representatives a report on the issue of how statistics are 
reported and used by Federal law enforcement agencies.
    (b) Contents.--The report submitted under subsection (a) shall--
        (1) identify the current regulations, procedures, internal 
    policies, or other conditions that allow the investigation or 
    arrest of an individual to be claimed or reported by more than 1 
    Federal or State agency charged with law enforcement 
    responsibility;
        (2) identify and examine the conditions that allow the 
    investigation or arrest of an individual to be claimed or reported 
    by the Offices of Inspectors General and any other Federal agency 
    charged with law enforcement responsibility;
        (3) examine the statistics reported by Federal law enforcement 
    agencies, and document those instances in which more than 1 agency, 
    bureau, or office claimed or reported the same investigation or 
    arrest during the years 1998 through 2001;
        (4) examine the issue of Federal agencies simultaneously 
    claiming arrest credit for in-custody situations that have already 
    occurred pursuant to a State or local agency arrest situation 
    during the years 1998 through 2001;
        (5) examine the issue of how such statistics are used for 
    administrative and management purposes;
        (6) set forth a comprehensive definition of the terms 
    ``investigation'' and ``arrest'' as those terms apply to Federal 
    agencies charged with law enforcement responsibilities; and
        (7) include recommendations, that when implemented, would 
    eliminate unwarranted and duplicative reporting of investigation 
    and arrest statistics by all Federal agencies charged with law 
    enforcement responsibilities.
    (c) Federal Agency Compliance.--Federal law enforcement agencies 
shall comply with requests made by the General Accounting Office for 
information that is necessary to assist in preparing the report 
required by this section.

SEC. 11027. CRIME-FREE RURAL STATES GRANTS.

    (a) Short Title.--This section may be cited as the ``Crime-Free 
Rural States Act of 2002''.
    (b) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended, is amended by 
inserting after part FF the following new part:

                ``PART GG--CRIME FREE RURAL STATE GRANTS

``SEC. 2985. GRANT AUTHORITY.

    ``The Attorney General shall award grants to rural State criminal 
justice agencies, Byrne agencies, or other agencies as designated by 
the Governor of that State and approved by the Attorney General, to 
develop rural States' capacity to assist local communities in the 
prevention and reduction of crime, violence, and substance abuse.

``SEC. 2986. USE OF FUNDS.

    ``(a) In General.--A capacity building grant shall be used to 
develop a statewide strategic plan as described in section 2987 to 
prevent and reduce crime, violence, and substance abuse.
    ``(b) Permissive Use.--A rural State may also use its grant to 
provide training and technical assistance to communities and promote 
innovation in the development of policies, technologies, and programs 
to prevent and reduce crime.
    ``(c) Data Collection.--A rural State may use up to 5 percent of 
the grant to assist grant recipients in collecting statewide data 
related to the costs of crime, violence, and substance abuse for 
purposes of supporting the statewide strategic plan.

``SEC. 2987. STATEWIDE STRATEGIC PREVENTION PLAN.

    ``(a) In General.--A statewide strategic prevention plan shall be 
used by the rural State to assist local communities, both directly and 
through existing State programs and services, in building 
comprehensive, strategic, and innovative approaches to reducing crime, 
violence, and substance abuse based on local conditions and needs.
    ``(b) Goals.--The plan must contain statewide long-term goals and 
measurable annual objectives for reducing crime, violence, and 
substance abuse.
    ``(c) Accountability.--The rural State shall be required to develop 
and report in its plan relevant performance targets and measures for 
the goals and objectives to track changes in crime, violence, and 
substance abuse.
    ``(d) Consultation.--The rural State shall form a State crime free 
communities commission that includes representatives of State and local 
government, and community leaders who will provide advice and 
recommendations on relevant community goals and objectives, and 
performance targets and measures.

``SEC. 2988. REQUIREMENTS.

    ``(a) Training and Technical Assistance.--The rural State shall 
provide training and technical assistance, including through such 
groups as the National Crime Prevention Council, to assist local 
communities in developing Crime Prevention Plans that reflect statewide 
strategic goals and objectives, and performance targets and measures.
    ``(b) Reports.--The rural State shall provide a report on its 
statewide strategic plan to the Attorney General, including information 
about--
        ``(1) involvement of relevant State-level agencies to assist 
    communities in the development and implementation of their Crime 
    Prevention Plans;
        ``(2) support for local applications for Community Grants; and
        ``(3) community progress toward reducing crime, violence, and 
    substance abuse.
    ``(c) Certification.--Beginning in the third year of the program, 
States must certify that the local grantee's project funded under the 
community grant is generally consistent with statewide strategic goals 
and objectives, and performance targets and measures.

``SEC. 2989. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $10,000,000 to carry out 
this part for each of fiscal years 2003, 2004, and 2005.''.
    (c) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended by inserting after the matter relating to part FF the 
following:

                ``Part GG--Crime Free Rural State Grants

``Sec. 2985. Grant authority.
``Sec. 2986. Use of funds.
``Sec. 2987. Statewide strategic prevention plan.
``Sec. 2988. Requirements.
``Sec. 2989. Authorization of appropriations.''.

SEC. 11028. MOTOR VEHICLE FRANCHISE CONTRACT DISPUTE RESOLUTION 
              PROCESS.

    (a) Election of Arbitration.--
        (1) Definitions.--For purposes of this subsection--
            (A) the term ``motor vehicle'' has the meaning given such 
        term in section 30102(6) of title 49 of the United States Code; 
        and
            (B) the term ``motor vehicle franchise contract'' means a 
        contract under which a motor vehicle manufacturer, importer, or 
        distributor sells motor vehicles to any other person for resale 
        to an ultimate purchaser and authorizes such other person to 
        repair and service the manufacturer's motor vehicles.
        (2) Consent required.--Notwithstanding any other provision of 
    law, whenever a motor vehicle franchise contract provides for the 
    use of arbitration to resolve a controversy arising out of or 
    relating to such contract, arbitration may be used to settle such 
    controversy only if after such controversy arises all parties to 
    such controversy consent in writing to use arbitration to settle 
    such controversy.
        (3) Explanation required.--Notwithstanding any other provision 
    of law, whenever arbitration is elected to settle a dispute under a 
    motor vehicle franchise contract, the arbitrator shall provide the 
    parties to such contract with a written explanation of the factual 
    and legal basis for the award.
    (b) Application.--Subsection (a) shall apply to contracts entered 
into, amended, altered, modified, renewed, or extended after the date 
of the enactment of this Act.

SEC. 11029. HOLDING COURT FOR THE SOUTHERN DISTRICT OF IOWA.

    Notwithstanding any other provision of law, during the period 
beginning on January 1, 2003, through July 1, 2005, the United States 
District Court for the Southern District of Iowa may--
        (1) with the consent of the parties in any case filed in the 
    Eastern Division or the Davenport Division of the Southern District 
    of Iowa, hold court on that case in Rock Island, Illinois; and
        (2) summon jurors from the Southern District of Iowa to serve 
    in any case described under paragraph (1).

SEC. 11030. POSTHUMOUS CITIZENSHIP RESTORATION.

    (a) Short Title.--This section may be cited as the ``Posthumous 
Citizenship Restoration Act of 2002''.
    (b) Deadline Extension.--Section 329A(c)(1)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1440-1(c)(1)(A)) is amended by striking 
``this section,'' and inserting ``the Posthumous Citizenship 
Restoration Act of 2002,''.

SEC. 11030A. EXTENSION OF H-1B STATUS FOR ALIENS WITH LENGTHY 
              ADJUDICATIONS.

    (a) Exemption From Limitation.--Section 106(a) of American 
Competitiveness in the Twenty-first Century Act of 2000 (8 U.S.C. 1184 
note) is amended to read as follows:
    ``(a) Exemption From Limitation.--The limitation contained in 
section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(4)) with respect to the duration of authorized stay shall not 
apply to any nonimmigrant alien previously issued a visa or otherwise 
provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such 
Act (8 U.S.C.1101(a)(15)(H)(i)(b)), if 365 days or more have elapsed 
since the filing of any of the following:
        ``(1) Any application for labor certification under section 
    212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)), in a case in 
    which certification is required or used by the alien to obtain 
    status under section 203(b) of such Act (8 U.S.C. 1153(b)).
        ``(2) A petition described in section 204(b) of such Act (3 U. 
    S.C. 1154(b)) to accord the alien a status under section 203(b) of 
    such Act.''.
    (b) Extension of H-1B Worker Status.--Section 106(b) of American 
Competitiveness in the Twenty-first Century Act of 2000 (8 U.S.C. 1184 
note) is amended to read as follows:
    ``(b) Extension of H-1B Worker Status.--The Attorney General shall 
extend the stay of an alien who qualifies for an exemption under 
subsection (a) in one-year increments until such time as a final 
decision is made--
        ``(1) to deny the application described in subsection (a)(1), 
    or, in a case in which such application is granted, to deny a 
    petition described in subsection (a)(2) filed on behalf of the 
    alien pursuant to such grant;
        ``(2) to deny the petition described in subsection (a)(2); or
        ``(3) to grant or deny the alien's application for an immigrant 
    visa or for adjustment of status to that of an alien lawfully 
    admitted for permanent residence.''.

SEC. 11030B. APPLICATION FOR NATURALIZATION BY ALTERNATIVE APPLICANT IF 
              CITIZEN PARENT HAS DIED.

    Section 322(a) of the Immigration and Nationality Act (8 U.S.C. 
1433(a)) is amended--
        (1) in the matter preceding paragraph (1)--
            (A) by inserting ``(or, if the citizen parent has died 
        during the preceding 5 years, a citizen grandparent or citizen 
        legal guardian)'' after ``citizen of the United States''; and
            (B) by striking ``such parent'' and inserting ``such 
        applicant'';
        (2) in paragraph (1), by inserting ``(or, at the time of his or 
    her death, was)'' after ``parent'';
        (3) in paragraph (2)--
            (A) in subparagraph (A), by inserting ``(or, at the time of 
        his or her death, had)'' after ``has''; and
            (B) in subparagraph (B), by inserting ``(or, at the time of 
        his or her death, had)'' after ``has'' the first place such 
        term appears;
        (4) by amending paragraph (4), to read as follows:
        ``(4) The child is residing outside of the United States in the 
    legal and physical custody of the applicant (or, if the citizen 
    parent is deceased, an individual who does not object to the 
    application).''; and
        (5) by adding at the end the following:
        ``(5) The child is temporarily present in the United States 
    pursuant to a lawful admission, and is maintaining such lawful 
    status.''.

                      Subtitle B--EB-5 Amendments

                    CHAPTER 1--IMMIGRATION BENEFITS

SEC. 11031. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS 
              FOR CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN.

    (a) In General.--In lieu of the provisions of section 216A(c)(3) of 
the Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)), subsection 
(c) shall apply in the case of an eligible alien described in 
subsection (b)(1).
    (b) Eligible Aliens Described.--
        (1) In general.--An alien is an eligible alien described in 
    this subsection if the alien--
            (A) filed, under section 204(a)(1)(H) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any 
        predecessor provision), a petition to accord the alien a status 
        under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) that 
        was approved by the Attorney General after January 1, 1995, and 
        before August 31, 1998;
            (B) pursuant to such approval, obtained the status of an 
        alien entrepreneur with permanent resident status on a 
        conditional basis described in section 216A of such Act (8 
        U.S.C. 1186b); and
            (C) timely filed, in accordance with section 216A(c)(1)(A) 
        of such Act (8 U.S.C. 1186b(c)(1)(A)) and before the date of 
        the enactment of this Act, a petition requesting the removal of 
        such conditional basis.
        (2) Reopening petitions previously denied.--
            (A) In general.--In the case of a petition described in 
        paragraph (1)(C) that was denied under section 216A(c)(3)(C) of 
        the Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)(C)) 
        before the date of the enactment of this Act, upon a motion to 
        reopen such petition filed by the eligible alien not later than 
        60 days after such date, the Attorney General shall make 
        determinations on such petition pursuant to subsection (c).
            (B) Petitioners abroad.--In the case of such an eligible 
        alien who is no longer physically present in the United States, 
        the Attorney General shall establish a process under which the 
        alien may be paroled into the United States if necessary in 
        order to obtain the determinations under subsection (c), unless 
        the Attorney General finds that--
                (i) the alien is inadmissible or deportable on any 
            ground; or
                (ii) the petition described in paragraph (1)(C) was 
            denied on the ground that it contains a material 
            misrepresentation in the facts and information described in 
            section 216A(d)(1) of the Immigration and Nationality Act 
            (8 U.S.C. 1186b(d)(1)) and alleged in the petition with 
            respect to a commercial enterprise.
            (C) Deportation or removal proceedings.--In the case of 
        such an eligible alien who was placed in deportation or removal 
        proceedings by reason of the denial of the petition described 
        in paragraph (1)(C), a motion to reopen filed under 
        subparagraph (A) shall be treated as a motion to reopen such 
        proceedings. The Attorney General shall grant such motion 
        notwithstanding any time and number limitations imposed by law 
        on motions to reopen such proceedings, except that the scope of 
        any proceeding reopened on this basis shall be limited to 
        whether any order of deportation or removal should be vacated, 
        and the alien granted the status of an alien lawfully admitted 
        for permanent residence (unconditionally or on a conditional 
        basis), by reason of the determinations made under subsection 
        (c). An alien who is inadmissible or deportable on any ground 
        shall not be granted such status, except that this prohibition 
        shall not apply to an alien who has been paroled into the 
        United States under subparagraph (B).
    (c) Determinations on Petitions.--
        (1) Initial determination.--
            (A) In general.--With respect to each eligible alien 
        described in subsection (b)(1), the Attorney General shall make 
        a determination, not later than 180 days after the date of the 
        enactment of this Act, whether--
                (i) the petition described in subsection (b)(1)(C) 
            contains any material misrepresentation in the facts and 
            information described in section 216A(d)(1) of the 
            Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)) and 
            alleged in the petition with respect to a commercial 
            enterprise (regardless of whether such enterprise is a 
            limited partnership and regardless of whether the alien 
            entered the enterprise after its formation);
                (ii) subject to subparagraphs (B) and (C), such 
            enterprise created full-time jobs for not fewer than 10 
            United States citizens or aliens lawfully admitted for 
            permanent residence or other immigrants lawfully authorized 
            to be employed in the United States (other than the 
            eligible alien and the alien's spouse, sons, or daughters), 
            and those jobs exist or existed on any of the dates 
            described in subparagraph (D); and
                (iii) on any of the dates described in subparagraph 
            (D), the alien is in substantial compliance with the 
            capital investment requirement described in section 
            216A(d)(1)(B) of the Immigration and Nationality Act (8 
            U.S.C. 1186b(d)(1)(B)).
            (B) Investment under pilot immigration program.--For 
        purposes of subparagraph (A)(ii), an investment that satisfies 
        the requirements of section 610(c) of the Departments of 
        Commerce, Justice, and State, the Judiciary, and Related 
        Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note), as in 
        effect on the date of the enactment of this Act, shall be 
        deemed to satisfy the requirements of such subparagraph.
            (C) Exception for troubled businesses.--In the case of an 
        eligible alien who has made a capital investment in a troubled 
        business (as defined in 8 CFR 204.6(e), as in effect on the 
        date of the enactment of this Act), in lieu of the 
        determination under subparagraph (A)(ii), the Attorney General 
        shall determine whether the number of employees of the 
        business, as measured on any of the dates described in 
        subparagraph (D), is at no less than the pre-investment level.
            (D) Dates.--The dates described in this subparagraph are 
        the following:
                (i) The date on which the petition described in 
            subsection (b)(1)(C) is filed.
                (ii) 6 months after the date described in clause (i).
                (iii) The date on which the determination under 
            subparagraph (A) or (C) is made.
            (E) Removal of conditional basis if favorable 
        determination.--If the Attorney General renders an affirmative 
        determination with respect to clauses (ii) and (iii) of 
        subparagraph (A), and if the Attorney General renders a 
        negative determination with respect to clause (i) of such 
        subparagraph, the Attorney General shall so notify the alien 
        involved and shall remove the conditional basis of the alien's 
        status (and that of the alien's spouse and children if it was 
        obtained under section 216A of the Immigration and Nationality 
        Act (8 U.S.C. 1186b)) effective as of the second anniversary of 
        the alien's lawful admission for permanent residence.
            (F) Requirements relating to adverse determinations.--
                (i) Notice.--If the Attorney General renders an adverse 
            determination with respect to clause (i), (ii), or (iii) of 
            subparagraph (A), the Attorney General shall so notify the 
            alien involved. The notice shall be in writing and shall 
            state the factual basis for any adverse determination. The 
            Attorney General shall provide the alien with an 
            opportunity to submit evidence to rebut any adverse 
            determination. If the Attorney General reverses all adverse 
            determinations pursuant to such rebuttal, the Attorney 
            General shall so notify the alien involved and shall remove 
            the conditional basis of the alien's status (and that of 
            the alien's spouse and children if it was obtained under 
            section 216A of the Immigration and Nationality Act (8 
            U.S.C. 1186b)) effective as of the second anniversary of 
            the alien's lawful admission for permanent residence.
                (ii) Continuation of conditional basis if certain 
            adverse determinations.--If the Attorney General renders an 
            adverse determination with respect to clause (ii) or (iii) 
            of subparagraph (A), and the eligible alien's rebuttal does 
            not cause the Attorney General to reverse such 
            determination, the Attorney General shall continue the 
            conditional basis of the alien's permanent resident status 
            (and that of the alien's spouse and children if it was 
            obtained under section 216A of the Immigration and 
            Nationality Act (8 U.S.C. 1186b)) for a 2-year period.
                (iii) Termination if adverse determination.--If the 
            Attorney General renders an adverse determination with 
            respect to subparagraph (A)(i), and the eligible alien's 
            rebuttal does not cause the Attorney General to reverse 
            such determination, the Attorney General shall so notify 
            the alien involved and, subject to subsection (d), shall 
            terminate the permanent resident status of the alien (and 
            that of the alien's spouse and children if it was obtained 
            on a conditional basis under section 216A of the 
            Immigration and Nationality Act (8 U.S.C. 1186b)).
                (iv) Administrative and judicial review.--An alien may 
            seek administrative review of an adverse determination made 
            under subparagraph (A) by filing a petition for such review 
            with the Board of Immigration Appeals. If the Board of 
            Immigration Appeals denies the petition, the alien may seek 
            judicial review. The procedures for judicial review under 
            this clause shall be the same as the procedures for 
            judicial review of a final order of removal under section 
            242(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
            1252(a)(1)). During the period in which an administrative 
            or judicial appeal under this clause is pending, the 
            Attorney General shall continue the conditional basis of 
            the alien's permanent resident status (and that of the 
            alien's spouse and children if it was obtained under 
            section 216A of the Immigration and Nationality Act (8 
            U.S.C. 1186b)).
        (2) Second determination.--
            (A) Authorization to consider investments in other 
        commercial enterprises.--In determining under this paragraph 
        whether to remove a conditional basis continued under paragraph 
        (1)(F)(ii) with respect to an alien, the Attorney General shall 
        consider any capital investment made by the alien in a 
        commercial enterprise (regardless of whether such enterprise is 
        a limited partnership and regardless of whether the alien 
        entered the enterprise after its formation), in the United 
        States, regardless of whether that investment was made before 
        or after the determinations under paragraph (1) and regardless 
        of whether the commercial enterprise is the same as that 
        considered in the determinations under such paragraph, if facts 
        and information with respect to the investment and the 
        enterprise are included in the petition submitted under 
        subparagraph (B).
            (B) Petition.--In order for a conditional basis continued 
        under paragraph (1)(F)(ii) for an eligible alien (and the 
        alien's spouse and children) to be removed, the alien must 
        submit to the Attorney General, during the period described in 
        subparagraph (C), a petition which requests the removal of such 
        conditional basis and which states, under penalty of perjury, 
        the facts and information described in subparagraphs (A) and 
        (B) of section 216A(d)(1) of the Immigration and Nationality 
        Act (8 U.S.C. 1186b(d)(1)) with respect to any commercial 
        enterprise (regardless of whether such enterprise is a limited 
        partnership and regardless of whether the alien entered the 
        enterprise after its formation) which the alien desires to have 
        considered under this paragraph, regardless of whether such 
        enterprise was created before or after the determinations made 
        under paragraph (1).
            (C) Period for filing petition.--
                (i) 90-day period before second anniversary.--Except as 
            provided in clause (ii), the petition under subparagraph 
            (B) must be filed during the 90-day period before the 
            second anniversary of the continuation, under paragraph 
            (1)(F)(ii), of the conditional basis of the alien's lawful 
            admission for permanent residence.
                (ii) Date petitions for good cause.--Such a petition 
            may be considered if filed after such date, but only if the 
            alien establishes to the satisfaction of the Attorney 
            General good cause and extenuating circumstances for 
            failure to file the petition during the period described in 
            clause (i).
            (D) Termination of permanent resident status for failure to 
        file petition.--
                (i) In general.--In the case of an alien with permanent 
            resident status on a conditional basis under paragraph 
            (1)(F)(ii), if no petition is filed with respect to the 
            alien in accordance with subparagraph (B), the Attorney 
            General shall terminate the permanent resident status of 
            the alien (and the alien's spouse and children if it was 
            obtained on a conditional basis under section 216A of the 
            Immigration and Nationality Act (8 U.S.C. 1186b)) as of the 
            second anniversary of the continuation, under paragraph 
            (1)(F)(ii), of the conditional basis of the alien's lawful 
            admission for permanent residence.
                (ii) Hearing in removal proceeding.--In any removal 
            proceeding with respect to an alien whose permanent 
            resident status is terminated under clause (i), the burden 
            of proof shall be on the alien to establish compliance with 
            subparagraph (B).
            (E) Determinations after petition.--If a petition is filed 
        by an eligible alien in accordance with subparagraph (B), the 
        Attorney General shall make a determination, within 90 days of 
        the date of such filing, whether--
                (i) the petition contains any material 
            misrepresentation in the facts and information alleged in 
            the petition with respect to the commercial enterprises 
            included in such petition;
                (ii) all such enterprises, considered together, created 
            full-time jobs for not fewer than 10 United States citizens 
            or aliens lawfully admitted for permanent residence or 
            other immigrants lawfully authorized to be employed in the 
            United States (other than the eligible alien and the 
            alien's spouse, sons, or daughters), and those jobs exist 
            on the date on which the determination is made, except 
            that--

                    (I) this clause shall apply only if the Attorney 
                General made an adverse determination with respect to 
                the eligible alien under paragraph (1)(A)(ii);
                    (II) the provisions of subparagraphs (B) and (C) of 
                paragraph (1) shall apply to a determination under this 
                clause in the same manner as they apply to a 
                determination under paragraph (1)(A)(ii); and
                    (III) if the Attorney General determined under 
                paragraph (1)(A)(ii) that any jobs satisfying the 
                requirement of such paragraph were created, the number 
                of those jobs shall be subtracted from the number of 
                jobs otherwise needed to satisfy the requirement of 
                this clause; and

                (iii) considering all such enterprises together, on the 
            date on which the determination is made, the eligible alien 
            is in substantial compliance with the capital investment 
            requirement described in section 216A(d)(1)(B) of the 
            Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)(B)), 
            except that--

                    (I) this clause shall apply only if the Attorney 
                General made an adverse determination with respect to 
                the eligible alien under paragraph (1)(A)(iii); and
                    (II) if the Attorney General determined under 
                paragraph (1)(A)(iii) that any capital amount was 
                invested that could be credited towards compliance with 
                the capital investment requirement described in section 
                216A(d)(1)(B) of the Immigration and Nationality Act (8 
                U.S.C. 1186b(d)(1)(B)), such amount shall be subtracted 
                from the amount of capital otherwise needed to satisfy 
                the requirement of this clause.

            (F) Removal of conditional basis if favorable 
        determination.--If the Attorney General renders an affirmative 
        determination with respect to clauses (ii) and (iii) of 
        subparagraph (E), and if the Attorney General renders a 
        negative determination with respect to clause (i) of such 
        subparagraph, the Attorney General shall so notify the alien 
        involved and shall remove the conditional basis of the alien's 
        status (and that of the alien's spouse and children if it was 
        obtained under section 216A of the Immigration and Nationality 
        Act (8 U.S.C. 1186b)) effective as of the second anniversary of 
        the continuation, under paragraph (1)(F)(ii), of the 
        conditional basis of the alien's lawful admission for permanent 
        residence.
            (G) Requirements relating to adverse determinations.--
                (i) Notice.--If the Attorney General renders an adverse 
            determination under subparagraph (E), the Attorney General 
            shall so notify the alien involved. The notice shall be in 
            writing and shall state the factual basis for any adverse 
            determination. The Attorney General shall provide the alien 
            with an opportunity to submit evidence to rebut any adverse 
            determination. If the Attorney General reverses all adverse 
            determinations pursuant to such rebuttal, the Attorney 
            General shall so notify the alien involved and shall remove 
            the conditional basis of the alien's status (and that of 
            the alien's spouse and children if it was obtained under 
            section 216A of the Immigration and Nationality Act (8 
            U.S.C. 1186b)) effective as of the second anniversary of 
            the continuation, under paragraph (1)(F)(ii), of the 
            conditional basis of the alien's lawful admission for 
            permanent residence.
                (ii) Termination if adverse determination.--If the 
            eligible alien's rebuttal does not cause the Attorney 
            General to reverse each adverse determination under 
            subparagraph (E), the Attorney General shall so notify the 
            alien involved and, subject to subsection (d), shall 
            terminate the permanent resident status of the alien (and 
            that of the alien's spouse and children if it was obtained 
            on a conditional basis under section 216A of the 
            Immigration and Nationality Act (8 U.S.C. 1186b)).
    (d) Hearing in Removal Proceeding.--Any alien whose permanent 
resident status is terminated under paragraph (1)(F)(iii) or (2)(G)(ii) 
of subsection (c) may request a review of such determination in a 
proceeding to remove the alien. In such proceeding, the burden of proof 
shall be on the Attorney General.
    (e) Clarification With Respect to Children.--In the case of an 
alien who obtained the status of an alien lawfully admitted for 
permanent residence on a conditional basis before the date of the 
enactment of this Act by virtue of being the child of an eligible alien 
described in subsection (b)(1), the alien shall be considered to be a 
child for purposes of this section regardless of any change in age or 
marital status after obtaining such status.
    (f) Definition of Full-Time.--For purposes of this section, the 
term ``full-time'' means a position that requires at least 35 hours of 
service per week at any time, regardless of who fills the position.

SEC. 11032. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN 
              ENTREPRENEURS, SPOUSES, AND CHILDREN.

    (a) In General.--With respect to each eligible alien described in 
subsection (b), the Attorney General or the Secretary of State shall 
approve the application described in subsection (b)(2) and grant the 
alien (and any spouse or child of the alien, if the spouse or child is 
eligible to receive a visa under section 203(d) of the Immigration and 
Nationality Act (8 U.S.C. 1153(d))) the status of an alien lawfully 
admitted for permanent residence on a conditional basis under section 
216A of such Act (8 U.S.C. 1186b). Such application shall be approved 
not later than 180 days after the date of the enactment of this Act.
    (b) Eligible Aliens Described.--An alien is an eligible alien 
described in this subsection if the alien--
        (1) filed, under section 204(a)(1)(H) of the Immigration and 
    Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor 
    provision), a petition to accord the alien a status under section 
    203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) that was approved by 
    the Attorney General after January 1, 1995, and before August 31, 
    1998;
        (2) pursuant to such approval, timely filed before the date of 
    the enactment of this Act an application for adjustment of status 
    under section 245 of such Act (8 U.S.C. 1255) or an application for 
    an immigrant visa under section 203(b)(5) of such Act (8 U.S.C. 
    1153(b)(5)); and
        (3) is not inadmissible or deportable on any ground.
    (c) Treatment of Certain Applications.--
        (1) Revocation of approval of petitions.--If the Attorney 
    General revoked the approval of a petition described in subsection 
    (b)(1), such revocation shall be disregarded for purposes of this 
    section if it was based on a determination that the alien failed to 
    satisfy section 203(b)(5)(A)(ii) of the Immigration and Nationality 
    Act (8 U.S.C. 1153(b)(5)(A)(ii)).
        (2) Applications no longer pending.--
            (A) In general.--If an application described in subsection 
        (b)(2) is not pending on the date of the enactment of this Act, 
        the Attorney General shall disregard the circumstances leading 
        to such lack of pendency and treat it as reopened, if such lack 
        of pendency is due to a determination that the alien--
                (i) failed to satisfy section 203(b)(5)(A)(ii) of the 
            Immigration and Nationality Act (8 U.S.C. 
            1153(b)(5)(A)(ii)); or
                (ii) departed the United States without advance parole.
            (B) Applicants abroad.--In the case of an eligible alien 
        who filed an application for adjustment of status described in 
        subsection (b)(2), but who is no longer physically present in 
        the United States, the Attorney General shall establish a 
        process under which the alien may be paroled into the United 
        States if necessary in order to obtain adjustment of status 
        under this section.
    (d) Recordation of Date; Reduction of Numbers.--Upon the approval 
of an application under subsection (a), the Attorney General shall 
record the alien's lawful admission for permanent residence on a 
conditional basis as of the date of such approval and the Secretary of 
State shall reduce by one the number of visas authorized to be issued 
under sections 201(d) and 203(b)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1151(d) and 1153(b)(5)) for the fiscal year then current.
    (e) Removal of Conditional Basis.--
        (1) Petition.--In order for a conditional basis established 
    under this section for an alien (and the alien's spouse and 
    children) to be removed, the alien must satisfy the requirements of 
    section 216A(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
    1186b(c)(1)), including the submission of a petition in accordance 
    with subparagraph (A) of such section. Such petition may include 
    the facts and information described in subparagraphs (A) and (B) of 
    section 216A(d)(1) of the Immigration and Nationality Act (8 U.S.C. 
    1186b(d)(1)) with respect to any commercial enterprise (regardless 
    of whether such enterprise is a limited partnership and regardless 
    of whether the alien entered the enterprise after its formation) in 
    the United States in which the alien has made a capital investment 
    at any time.
        (2) Determination.--In carrying out section 216A(c)(3) of the 
    Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)) with respect 
    to an alien described in paragraph (1), the Attorney General, in 
    lieu of the determination described in such section 216A(c)(3), 
    shall make a determination, within 90 days of the date of such 
    filing, whether--
            (A) the petition described in paragraph (1) contains any 
        material misrepresentation in the facts and information alleged 
        in the petition with respect to the commercial enterprises 
        included in the petition;
            (B) subject to subparagraphs (B) and (C) of section 
        11031(c)(1), all such enterprises, considered together, created 
        full-time jobs for not fewer than 10 United States citizens or 
        aliens lawfully admitted for permanent residence or other 
        immigrants lawfully authorized to be employed in the United 
        States (other than the alien and the alien's spouse, sons, or 
        daughters), and those jobs exist or existed on either of the 
        dates described in paragraph (3); and
            (C) considering the alien's investments in such enterprises 
        on either of the dates described in paragraph (3), or on both 
        such dates, the alien is or was in substantial compliance with 
        the capital investment requirement described in section 
        216A(d)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1186b(d)(1)(B)).
        (3) Dates.--The dates described in this paragraph are the 
    following:
            (A) The date on which the application described in 
        subsection (b)(2) was filed.
            (B) The date on which the determination under paragraph (2) 
        is made.
    (f) Clarification With Respect to Children.--In the case of an 
alien who was a child on the date on which the application described in 
subsection (b)(2) was filed, the alien shall be considered to be a 
child for purposes of this section regardless of any change in age or 
marital status after such date.

SEC. 11033. REGULATIONS.

    The Immigration and Naturalization Service shall promulgate 
regulations to implement this chapter not later than 120 days after the 
date of enactment of this Act. Until such regulations are promulgated, 
the Attorney General shall not deny a petition filed or pending under 
section 216A(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1186b(c)(1)(A)) that relates to an eligible alien described in section 
11031, or on an application filed or pending under section 245 of such 
Act (8 U.S.C. 1255) that relates to an eligible alien described in 
section 11032. Until such regulations are promulgated, the Attorney 
General shall not initiate or proceed with removal proceedings under 
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) 
that relate to an eligible alien described in section 11031 or 11032.

SEC. 11034. DEFINITIONS.

    Except as otherwise provided, the terms used in this chapter shall 
have the meaning given such terms in section 101(b) of the Immigration 
and Nationality Act (8 U.S.C. 1101(b)).

                  CHAPTER 2--AMENDMENTS TO OTHER LAWS

SEC. 11035. DEFINITION OF ``FULL-TIME EMPLOYMENT''.

    Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)(5)) is amended by adding at the end the following:
            ``(D) Full-time employment defined.--In this paragraph, the 
        term `full-time employment' means employment in a position that 
        requires at least 35 hours of service per week at any time, 
        regardless of who fills the position.''.

SEC. 11036. ELIMINATING ENTERPRISE ESTABLISHMENT REQUIREMENT FOR ALIEN 
              ENTREPRENEURS.

    (a) Preference Allocation for Employment Creation.--Section 
203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) 
is amended--
        (1) in subparagraph (A)--
            (A) in the matter preceding clause (i), by striking 
        ``enterprise--'' and inserting ``enterprise (including a 
        limited partnership)--'';
            (B) by striking clause (i); and
            (C) by redesignating clauses (ii) and (iii) as clauses (i) 
        and (ii), respectively; and
        (2) in subparagraph (B)(i), by striking ``establish'' and 
    inserting ``invest in''.
    (b) Conditional Permanent Resident Status for Alien Entrepreneurs, 
Spouses, and Children.--Section 216A of the Immigration and Nationality 
Act (8 U.S.C. 1186b) is amended--
        (1) in subsection (b)(1)--
            (A) in subparagraph (A) by striking ``establishment of'' 
        and inserting ``investment in''; and
            (B) by amending subparagraph (B) to read as follows:
            ``(B)(i) the alien did not invest, or was not actively in 
        the process of investing, the requisite capital; or
            ``(ii) the alien was not sustaining the actions described 
        in clause (i) throughout the period of the alien's residence in 
        the United States; or'';
        (2) by amending subsection (d)(1) to read as follows:
        ``(1) Contents of petition.--Each petition under subsection 
    (c)(1)(A) shall contain facts and information demonstrating that 
    the alien--
            ``(A)(i) invested, or is actively in the process of 
        investing, the requisite capital; and
            ``(ii) sustained the actions described in clause (i) 
        throughout the period of the alien's residence in the United 
        States; and
            ``(B) is otherwise conforming to the requirements of 
        section 203(b)(5).''; and
        (3) by adding at the end of subsection (f) the following:
        ``(3) The term `commercial enterprise' includes a limited 
    partnership.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
aliens having any of the following petitions pending on or after the 
date of the enactment of this Act:
        (1) A petition under section 204(a)(1)(H) of the Immigration 
    and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor 
    provision), with respect to status under section 203(b)(5) of such 
    Act (8 U.S.C. 1153(b)(5)).
        (2) A petition under section 216A(c)(1)(A) of such Act (8 
    U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an 
    alien's permanent resident status.

SEC. 11037. AMENDMENTS TO PILOT IMMIGRATION PROGRAM FOR REGIONAL 
              CENTERS TO PROMOTE ECONOMIC GROWTH.

    (a) Purpose of Program.--Section 610(a) of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1993 (8 U.S.C. 1153 note), is amended--
        (1) by inserting after ``regional center in the United States'' 
    the following: ``, designated by the Attorney General on the basis 
    of a general proposal,'';
        (2) by striking ``and increased domestic'' and inserting ``or 
    increased domestic''; and
        (3) by adding at the end the following:
``A regional center shall have jurisdiction over a limited geographic 
area, which shall be described in the proposal and consistent with the 
purpose of concentrating pooled investment in defined economic zones. 
The establishment of a regional center may be based on general 
predictions, contained in the proposal, concerning the kinds of 
commercial enterprises that will receive capital from aliens, the jobs 
that will be created directly or indirectly as a result of such capital 
investments, and the other positive economic effects such capital 
investments will have.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to--
        (1) any proposal for a regional center pending before the 
    Attorney General (whether for an initial decision or on appeal) on 
    or after the date of the enactment of this Act; and
        (2) any of the following petitions, if filed on or after the 
    date of the enactment of this Act:
            (A) A petition under section 204(a)(1)(H) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or 
        any predecessor provision)(or any predecessor provision), with 
        respect to status under section 203(b)(5) of such Act (8 U.S.C. 
        1153(b)(5)).
            (B) A petition under section 216A(c)(1)(A) of such Act (8 
        U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an 
        alien's permanent resident status.

             Subtitle C--Judicial Improvements Act of 2002

SEC. 11041. SHORT TITLE.

    This subtitle may be cited as the ``Judicial Improvements Act of 
2002''.

SEC. 11042. JUDICIAL DISCIPLINE PROCEDURES.

    (a) In General.--Part I of title 28, United States Code, is amended 
by inserting after chapter 15 the following new chapter:

    ``CHAPTER 16--COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

``Sec.
``351. Complaints; judge defined.
``352. Review of complaint by chief judge.
``353. Special committees.
``354. Action by judicial council.
``355. Action by Judicial Conference.
``356. Subpoena power.
``357. Review of orders and actions.
``358. Rules.
``359. Restrictions.
``360. Disclosure of information.
``361. Reimbursement of expenses.
``362. Other provisions and rules not affected.
``363. Court of Federal Claims, Court of International Trade, Court of 
          Appeals for the Federal Circuit.
``364. Effect of felony conviction.

``Sec. 351. Complaints; judge defined

    ``(a) Filing of Complaint by Any Person.--Any person alleging that 
a judge has engaged in conduct prejudicial to the effective and 
expeditious administration of the business of the courts, or alleging 
that such judge is unable to discharge all the duties of office by 
reason of mental or physical disability, may file with the clerk of the 
court of appeals for the circuit a written complaint containing a brief 
statement of the facts constituting such conduct.
    ``(b) Identifying Complaint by Chief Judge.--In the interests of 
the effective and expeditious administration of the business of the 
courts and on the basis of information available to the chief judge of 
the circuit, the chief judge may, by written order stating reasons 
therefor, identify a complaint for purposes of this chapter and thereby 
dispense with filing of a written complaint.
    ``(c) Transmittal of Complaint.--Upon receipt of a complaint filed 
under subsection (a), the clerk shall promptly transmit the complaint 
to the chief judge of the circuit, or, if the conduct complained of is 
that of the chief judge, to that circuit judge in regular active 
service next senior in date of commission (hereafter, for purposes of 
this chapter only, included in the term `chief judge'). The clerk shall 
simultaneously transmit a copy of the complaint to the judge whose 
conduct is the subject of the complaint. The clerk shall also transmit 
a copy of any complaint identified under subsection (b) to the judge 
whose conduct is the subject of the complaint.
    ``(d) Definitions.--In this chapter--
        ``(1) the term `judge' means a circuit judge, district judge, 
    bankruptcy judge, or magistrate judge; and
        ``(2) the term `complainant' means the person filing a 
    complaint under subsection (a) of this section.

``Sec. 352. Review of complaint by chief judge

    ``(a) Expeditious Review; Limited Inquiry.--The chief judge shall 
expeditiously review any complaint received under section 351(a) or 
identified under section 351(b). In determining what action to take, 
the chief judge may conduct a limited inquiry for the purpose of 
determining--
        ``(1) whether appropriate corrective action has been or can be 
    taken without the necessity for a formal investigation; and
        ``(2) whether the facts stated in the complaint are either 
    plainly untrue or are incapable of being established through 
    investigation.
For this purpose, the chief judge may request the judge whose conduct 
is complained of to file a written response to the complaint. Such 
response shall not be made available to the complainant unless 
authorized by the judge filing the response. The chief judge or his or 
her designee may also communicate orally or in writing with the 
complainant, the judge whose conduct is complained of, and any other 
person who may have knowledge of the matter, and may review any 
transcripts or other relevant documents. The chief judge shall not 
undertake to make findings of fact about any matter that is reasonably 
in dispute.
    ``(b) Action by Chief Judge Following Review.--After expeditiously 
reviewing a complaint under subsection (a), the chief judge, by written 
order stating his or her reasons, may--
        ``(1) dismiss the complaint--
            ``(A) if the chief judge finds the complaint to be--
                ``(i) not in conformity with section 351(a);
                ``(ii) directly related to the merits of a decision or 
            procedural ruling; or
                ``(iii) frivolous, lacking sufficient evidence to raise 
            an inference that misconduct has occurred, or containing 
            allegations which are incapable of being established 
            through investigation; or
            ``(B) when a limited inquiry conducted under subsection (a) 
        demonstrates that the allegations in the complaint lack any 
        factual foundation or are conclusively refuted by objective 
        evidence; or
        ``(2) conclude the proceeding if the chief judge finds that 
    appropriate corrective action has been taken or that action on the 
    complaint is no longer necessary because of intervening events.
The chief judge shall transmit copies of the written order to the 
complainant and to the judge whose conduct is the subject of the 
complaint.
    ``(c) Review of Orders of Chief Judge.--A complainant or judge 
aggrieved by a final order of the chief judge under this section may 
petition the judicial council of the circuit for review thereof. The 
denial of a petition for review of the chief judge's order shall be 
final and conclusive and shall not be judicially reviewable on appeal 
or otherwise.
    ``(d) Referral of Petitions for Review to Panels of the Judicial 
Council.--Each judicial council may, pursuant to rules prescribed under 
section 358, refer a petition for review filed under subsection (c) to 
a panel of no fewer than 5 members of the council, at least 2 of whom 
shall be district judges.

``Sec. 353. Special committees

    ``(a) Appointment.--If the chief judge does not enter an order 
under section 352(b), the chief judge shall promptly--
        ``(1) appoint himself or herself and equal numbers of circuit 
    and district judges of the circuit to a special committee to 
    investigate the facts and allegations contained in the complaint;
        ``(2) certify the complaint and any other documents pertaining 
    thereto to each member of such committee; and
        ``(3) provide written notice to the complainant and the judge 
    whose conduct is the subject of the complaint of the action taken 
    under this subsection.
    ``(b) Change in Status or Death of Judges.--A judge appointed to a 
special committee under subsection (a) may continue to serve on that 
committee after becoming a senior judge or, in the case of the chief 
judge of the circuit, after his or her term as chief judge terminates 
under subsection (a)(3) or (c) of section 45. If a judge appointed to a 
committee under subsection (a) dies, or retires from office under 
section 371(a), while serving on the committee, the chief judge of the 
circuit may appoint another circuit or district judge, as the case may 
be, to the committee.
    ``(c) Investigation by Special Committee.--Each committee appointed 
under subsection (a) shall conduct an investigation as extensive as it 
considers necessary, and shall expeditiously file a comprehensive 
written report thereon with the judicial council of the circuit. Such 
report shall present both the findings of the investigation and the 
committee's recommendations for necessary and appropriate action by the 
judicial council of the circuit.

``Sec. 354. Action by judicial council

    ``(a) Actions Upon Receipt of Report.--
        ``(1) Actions.--The judicial council of a circuit, upon receipt 
    of a report filed under section 353(c)--
            ``(A) may conduct any additional investigation which it 
        considers to be necessary;
            ``(B) may dismiss the complaint; and
            ``(C) if the complaint is not dismissed, shall take such 
        action as is appropriate to assure the effective and 
        expeditious administration of the business of the courts within 
        the circuit.
        ``(2) Description of possible actions if complaint not 
    dismissed.--
            ``(A) In general.--Action by the judicial council under 
        paragraph (1)(C) may include--
                ``(i) ordering that, on a temporary basis for a time 
            certain, no further cases be assigned to the judge whose 
            conduct is the subject of a complaint;
                ``(ii) censuring or reprimanding such judge by means of 
            private communication; and
                ``(iii) censuring or reprimanding such judge by means 
            of public announcement.
            ``(B) For article iii judges.--If the conduct of a judge 
        appointed to hold office during good behavior is the subject of 
        the complaint, action by the judicial council under paragraph 
        (1)(C) may include--
                ``(i) certifying disability of the judge pursuant to 
            the procedures and standards provided under section 372(b); 
            and
                ``(ii) requesting that the judge voluntarily retire, 
            with the provision that the length of service requirements 
            under section 371 of this title shall not apply.
            ``(C) For magistrate judges.--If the conduct of a 
        magistrate judge is the subject of the complaint, action by the 
        judicial council under paragraph (1)(C) may include directing 
        the chief judge of the district of the magistrate judge to take 
        such action as the judicial council considers appropriate.
        ``(3) Limitations on judicial council regarding removals.--
            ``(A) Article iii judges.--Under no circumstances may the 
        judicial council order removal from office of any judge 
        appointed to hold office during good behavior.
            ``(B) Magistrate and bankruptcy judges.--Any removal of a 
        magistrate judge under this subsection shall be in accordance 
        with section 631 and any removal of a bankruptcy judge shall be 
        in accordance with section 152.
        ``(4) Notice of action to judge.--The judicial council shall 
    immediately provide written notice to the complainant and to the 
    judge whose conduct is the subject of the complaint of the action 
    taken under this subsection.
    ``(b) Referral to Judicial Conference.--
        ``(1) In general.--In addition to the authority granted under 
    subsection (a), the judicial council may, in its discretion, refer 
    any complaint under section 351, together with the record of any 
    associated proceedings and its recommendations for appropriate 
    action, to the Judicial Conference of the United States.
        ``(2) Special circumstances.--In any case in which the judicial 
    council determines, on the basis of a complaint and an 
    investigation under this chapter, or on the basis of information 
    otherwise available to the judicial council, that a judge appointed 
    to hold office during good behavior may have engaged in conduct--
            ``(A) which might constitute one or more grounds for 
        impeachment under article II of the Constitution, or
            ``(B) which, in the interest of justice, is not amenable to 
        resolution by the judicial council,
    the judicial council shall promptly certify such determination, 
    together with any complaint and a record of any associated 
    proceedings, to the Judicial Conference of the United States.
        ``(3) Notice to complainant and judge.--A judicial council 
    acting under authority of this subsection shall, unless contrary to 
    the interests of justice, immediately submit written notice to the 
    complainant and to the judge whose conduct is the subject of the 
    action taken under this subsection.

``Sec. 355. Action by Judicial Conference

    ``(a) In General.--Upon referral or certification of any matter 
under section 354(b), the Judicial Conference, after consideration of 
the prior proceedings and such additional investigation as it considers 
appropriate, shall by majority vote take such action, as described in 
section 354(a)(1)(C) and (2), as it considers appropriate.
    ``(b) If Impeachment Warranted.--
        ``(1) In general.--If the Judicial Conference concurs in the 
    determination of the judicial council, or makes its own 
    determination, that consideration of impeachment may be warranted, 
    it shall so certify and transmit the determination and the record 
    of proceedings to the House of Representatives for whatever action 
    the House of Representatives considers to be necessary. Upon 
    receipt of the determination and record of proceedings in the House 
    of Representatives, the Clerk of the House of Representatives shall 
    make available to the public the determination and any reasons for 
    the determination.
        ``(2) In case of felony conviction.--If a judge has been 
    convicted of a felony under State or Federal law and has exhausted 
    all means of obtaining direct review of the conviction, or the time 
    for seeking further direct review of the conviction has passed and 
    no such review has been sought, the Judicial Conference may, by 
    majority vote and without referral or certification under section 
    354(b), transmit to the House of Representatives a determination 
    that consideration of impeachment may be warranted, together with 
    appropriate court records, for whatever action the House of 
    Representatives considers to be necessary.

``Sec. 356. Subpoena power

    ``(a) Judicial Councils and Special Committees.--In conducting any 
investigation under this chapter, the judicial council, or a special 
committee appointed under section 353, shall have full subpoena powers 
as provided in section 332(d).
    ``(b) Judicial Conference and Standing Committees.--In conducting 
any investigation under this chapter, the Judicial Conference, or a 
standing committee appointed by the Chief Justice under section 331, 
shall have full subpoena powers as provided in that section.

``Sec. 357. Review of orders and actions

    ``(a) Review of Action of Judicial Council.--A complainant or judge 
aggrieved by an action of the judicial council under section 354 may 
petition the Judicial Conference of the United States for review 
thereof.
    ``(b) Action of Judicial Conference.--The Judicial Conference, or 
the standing committee established under section 331, may grant a 
petition filed by a complainant or judge under subsection (a).
    ``(c) No Judicial Review.--Except as expressly provided in this 
section and section 352(c), all orders and determinations, including 
denials of petitions for review, shall be final and conclusive and 
shall not be judicially reviewable on appeal or otherwise.

``Sec. 358. Rules

    ``(a) In General.--Each judicial council and the Judicial 
Conference may prescribe such rules for the conduct of proceedings 
under this chapter, including the processing of petitions for review, 
as each considers to be appropriate.
    ``(b) Required Provisions.--Rules prescribed under subsection (a) 
shall contain provisions requiring that--
        ``(1) adequate prior notice of any investigation be given in 
    writing to the judge whose conduct is the subject of a complaint 
    under this chapter;
        ``(2) the judge whose conduct is the subject of a complaint 
    under this chapter be afforded an opportunity to appear (in person 
    or by counsel) at proceedings conducted by the investigating panel, 
    to present oral and documentary evidence, to compel the attendance 
    of witnesses or the production of documents, to cross-examine 
    witnesses, and to present argument orally or in writing; and
        ``(3) the complainant be afforded an opportunity to appear at 
    proceedings conducted by the investigating panel, if the panel 
    concludes that the complainant could offer substantial information.
    ``(c) Procedures.--Any rule prescribed under this section shall be 
made or amended only after giving appropriate public notice and an 
opportunity for comment. Any such rule shall be a matter of public 
record, and any such rule promulgated by a judicial council may be 
modified by the Judicial Conference. No rule promulgated under this 
section may limit the period of time within which a person may file a 
complaint under this chapter.

``Sec. 359. Restrictions

    ``(a) Restriction on Individuals Who Are Subject of 
Investigation.--No judge whose conduct is the subject of an 
investigation under this chapter shall serve upon a special committee 
appointed under section 353, upon a judicial council, upon the Judicial 
Conference, or upon the standing committee established under section 
331, until all proceedings under this chapter relating to such 
investigation have been finally terminated.
    ``(b) Amicus Curiae.--No person shall be granted the right to 
intervene or to appear as amicus curiae in any proceeding before a 
judicial council or the Judicial Conference under this chapter.

``Sec. 360. Disclosure of information

    ``(a) Confidentiality of Proceedings.--Except as provided in 
section 355, all papers, documents, and records of proceedings related 
to investigations conducted under this chapter shall be confidential 
and shall not be disclosed by any person in any proceeding except to 
the extent that--
        ``(1) the judicial council of the circuit in its discretion 
    releases a copy of a report of a special committee under section 
    353(c) to the complainant whose complaint initiated the 
    investigation by that special committee and to the judge whose 
    conduct is the subject of the complaint;
        ``(2) the judicial council of the circuit, the Judicial 
    Conference of the United States, or the Senate or the House of 
    Representatives by resolution, releases any such material which is 
    believed necessary to an impeachment investigation or trial of a 
    judge under article I of the Constitution; or
        ``(3) such disclosure is authorized in writing by the judge who 
    is the subject of the complaint and by the chief judge of the 
    circuit, the Chief Justice, or the chairman of the standing 
    committee established under section 331.
    ``(b) Public Availability of Written Orders.--Each written order to 
implement any action under section 354(a)(1)(C), which is issued by a 
judicial council, the Judicial Conference, or the standing committee 
established under section 331, shall be made available to the public 
through the appropriate clerk's office of the court of appeals for the 
circuit. Unless contrary to the interests of justice, each such order 
shall be accompanied by written reasons therefor.

``Sec. 361. Reimbursement of expenses

    ``Upon the request of a judge whose conduct is the subject of a 
complaint under this chapter, the judicial council may, if the 
complaint has been finally dismissed under section 354(a)(1)(B), 
recommend that the Director of the Administrative Office of the United 
States Courts award reimbursement, from funds appropriated to the 
Federal judiciary, for those reasonable expenses, including attorneys' 
fees, incurred by that judge during the investigation which would not 
have been incurred but for the requirements of this chapter.

``Sec. 362. Other provisions and rules not affected

    ``Except as expressly provided in this chapter, nothing in this 
chapter shall be construed to affect any other provision of this title, 
the Federal Rules of Civil Procedure, the Federal Rules of Criminal 
Procedure, the Federal Rules of Appellate Procedure, or the Federal 
Rules of Evidence.

``Sec. 363. Court of Federal Claims, Court of International Trade, 
            Court of Appeals for the Federal Circuit

    ``The United States Court of Federal Claims, the Court of 
International Trade, and the Court of Appeals for the Federal Circuit 
shall each prescribe rules, consistent with the provisions of this 
chapter, establishing procedures for the filing of complaints with 
respect to the conduct of any judge of such court and for the 
investigation and resolution of such complaints. In investigating and 
taking action with respect to any such complaint, each such court shall 
have the powers granted to a judicial council under this chapter.

``Sec. 364. Effect of felony conviction

    ``In the case of any judge or judge of a court referred to in 
section 363 who is convicted of a felony under State or Federal law and 
has exhausted all means of obtaining direct review of the conviction, 
or the time for seeking further direct review of the conviction has 
passed and no such review has been sought, the following shall apply:
        ``(1) The judge shall not hear or decide cases unless the 
    judicial council of the circuit (or, in the case of a judge of a 
    court referred to in section 363, that court) determines otherwise.
        ``(2) Any service as such judge or judge of a court referred to 
    in section 363, after the conviction is final and all time for 
    filing appeals thereof has expired, shall not be included for 
    purposes of determining years of service under section 371(c), 377, 
    or 178 of this title or creditable service under subchapter III of 
    chapter 83, or chapter 84, of title 5.''.
    (b) Conforming Amendment.--The table of chapters for part I of 
title 28, United States Code, is amended by inserting after the item 
relating to chapter 15 the following new item:

``16. Complaints against judges and judicial discipline...........351''.

SEC. 11043. TECHNICAL AMENDMENTS.

    (a) Retirement for Disability.--(1) Section 372 of title 28, United 
States Code, is amended--
        (A) in the section caption by striking ``; judicial 
    discipline''; and
        (B) by striking subsection (c).
    (2) The item relating to section 372 in the table of sections for 
chapter 17 of title 28, United States Code, is amended by striking ``; 
judicial discipline''.
    (b) Judicial Conference.--Section 331 of title 28, United States 
Code, is amended in the fourth undesignated paragraph by striking 
``section 372(c)'' each place it appears and inserting ``chapter 16''.
    (c) Judicial Councils.--Section 332 of title 28, United States 
Code, is amended--
        (1) in subsection (d)(2)--
            (A) by striking ``section 372(c) of this title'' and 
        inserting ``chapter 16 of this title''; and
            (B) by striking ``372(c)(4)'' and inserting ``353''; and
        (2) by striking the second subsection designated as subsection 
    (h).
    (d) Recall of Bankruptcy Judges and Magistrate Judges.--Section 
375(d) of title 28, United States Code, is amended by striking 
``section 372(c)'' and inserting ``chapter 16''.
    (e) Director of the Administrative Office of the United States 
Courts.--Section 604 of title 28, United States Code, is amended--
        (1) in subsection (a)(20)--
            (A) in subparagraph (B), by striking ``372(c)(11)'' and 
        inserting ``358''; and
            (B) in subparagraph (C), by striking ``372(c)(15)'' and 
        inserting ``360(b)''; and
        (2) in subsection (h)--
            (A) in paragraph (1), by striking ``section 372'' each 
        place it appears and inserting ``chapter 16''; and
            (B) in paragraph (2), by striking ``section 372(c)'' and 
        inserting ``chapter 16''.
    (f) Court of Appeals for Veterans Claims.--Section 7253(g) of title 
38, United States Code, is amended--
        (1) in paragraph (1)--
            (A) by striking ``section 372(c)'' and inserting ``chapter 
        16''; and
            (B) by striking ``such section'' and inserting ``such 
        chapter'';
        (2) in paragraph (2)--
            (A) in the first sentence, by striking ``paragraphs (7) 
        through (15) of section 372(c)'' and inserting ``sections 
        354(b) through 360''; and
            (B) in the second sentence, by striking ``paragraph (7) or 
        (8) of section 372(c)'' and inserting ``section 354(b) or 
        355''; and
        (3) in paragraph (3)(B), by striking ``372(c)(16)'' and 
    inserting ``361''.

SEC. 11044. SEVERABILITY.

    If any provision of this subtitle, an amendment made by this 
subtitle, or the application of such provision or amendment to any 
person or circumstance is held to be unconstitutional, the remainder of 
this subtitle, the amendments made by this subtitle, and the 
application of the provisions of such to any person or circumstance 
shall not be affected thereby.

       Subtitle D--Antitrust Modernization Commission Act of 2002

SEC. 11051. SHORT TITLE.

    This subtitle may be cited as the ``Antitrust Modernization 
Commission Act of 2002''.

SEC. 11052. ESTABLISHMENT.

    There is established the Antitrust Modernization Commission (in 
this subtitle referred to as the ``Commission'').

SEC. 11053. DUTIES OF THE COMMISSION.

    The duties of the Commission are--
        (1) to examine whether the need exists to modernize the 
    antitrust laws and to identify and study related issues;
        (2) to solicit views of all parties concerned with the 
    operation of the antitrust laws;
        (3) to evaluate the advisability of proposals and current 
    arrangements with respect to any issues so identified; and
        (4) to prepare and to submit to Congress and the President a 
    report in accordance with section 11058.

SEC. 11054. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 12 
members appointed as follows:
        (1) Four members, no more than 2 of whom shall be of the same 
    political party, shall be appointed by the President. The President 
    shall appoint members of the opposing party only on the 
    recommendation of the leaders of Congress from that party.
        (2) Two members shall be appointed by the majority leader of 
    the Senate.
        (3) Two members shall be appointed by the minority leader of 
    the Senate.
        (4) Two members shall be appointed by the Speaker of the House 
    of Representatives.
        (5) Two members shall be appointed by the minority leader of 
    the House of Representatives.
    (b) Ineligibility for Appointment.--Members of Congress shall be 
ineligible for appointment to the Commission.
    (c) Term of Appointment.--
        (1) In general.--Subject to paragraph (2), members of the 
    Commission shall be appointed for the life of the Commission.
        (2) Early termination of appointment.--If a member of the 
    Commission who is appointed to the Commission as--
            (A) an officer or employee of a government ceases to be an 
        officer or employee of such government; or
            (B) an individual who is not an officer or employee of a 
        government becomes an officer or employee of a government;
    then such member shall cease to be a member of the Commission on 
    the expiration of the 90-day period beginning on the date such 
    member ceases to be such officer or employee of such government, or 
    becomes an officer or employee of a government, as the case may be.
    (d) Quorum.--Seven members of the Commission shall constitute a 
quorum, but a lesser number may conduct meetings.
    (e) Appointment Deadline.--Initial appointments under subsection 
(a) shall be made not later than 60 days after the date of enactment of 
this Act.
    (f) Meetings.--The Commission shall meet at the call of the 
chairperson. The first meeting of the Commission shall be held not 
later than 30 days after the date on which all members of the 
Commission are first appointed under subsection (a) or funds are 
appropriated to carry out this subtitle, whichever occurs later.
    (g) Vacancy.--A vacancy on the Commission shall be filled in the 
same manner as the initial appointment is made.
    (h) Consultation Before Appointment.--Before appointing members of 
the Commission, the President, the majority and minority leaders of the 
Senate, the Speaker of the House of Representatives, and the minority 
leader of the House of Representatives shall consult with each other to 
ensure fair and equitable representation of various points of view in 
the Commission.
    (i) Chairperson; Vice Chairperson.--The President shall select the 
chairperson of the Commission from among its appointed members. The 
leaders of Congress from the opposing party of the President shall 
select the vice chairperson of the Commission from among its remaining 
members.

SEC. 11055. COMPENSATION OF THE COMMISSION.

    (a) Pay.--
        (1) Nongovernment employees.--Each member of the Commission who 
    is not otherwise employed by a government shall be entitled to 
    receive the daily equivalent of the annual rate of basic pay 
    payable for level IV of the Executive Schedule under section 5315 
    of title 5 United States Code, as in effect from time to time, for 
    each day (including travel time) during which such member is 
    engaged in the actual performance of duties of the Commission.
        (2) Government employees.--A member of the Commission who is an 
    officer or employee of a government shall serve without additional 
    pay (or benefits in the nature of compensation) for service as a 
    member of the Commission.
    (b) Travel Expenses.--Members of the Commission shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with subchapter I of chapter 57 of title 5, United States 
Code.

SEC. 11056. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Staff.--
        (1) Appointment.--The chairperson of the Commission may, 
    without regard to the provisions of chapter 51 of title 5 of the 
    United States Code (relating to appointments in the competitive 
    service), appoint and terminate an executive director and such 
    other staff as are necessary to enable the Commission to perform 
    its duties. The appointment of an executive director shall be 
    subject to approval by the Commission.
        (2) Compensation.--The chairperson of the Commission may fix 
    the compensation of the executive director and other staff without 
    regard to the provisions of chapter 51 and subchapter III of 
    chapter 53 of title 5 of the United States Code (relating to 
    classification of positions and General Schedule pay rates), except 
    that the rate of pay for the executive director and other staff may 
    not exceed the rate of basic pay payable for level V of the 
    Executive Schedule under section 5315 of title 5 United States 
    Code, as in effect from time to time.
    (b) Experts and Consultants.--The Commission may procure temporary 
and intermittent services of experts and consultants in accordance with 
section 3109(b) of title 5, United States Code.

SEC. 11057. POWERS OF THE COMMISSION.

    (a) Hearings and Meetings.--The Commission, or a member of the 
Commission if authorized by the Commission, may hold such hearings, sit 
and act at such time and places, take such testimony, and receive such 
evidence, as the Commission considers to be appropriate. The Commission 
or a member of the Commission may administer oaths or affirmations to 
witnesses appearing before the Commission or such member.
    (b) Official Data.--The Commission may obtain directly from any 
executive agency (as defined in section 105 of title 5 of the United 
States Code) or court information necessary to enable it to carry out 
its duties under this subtitle. On the request of the chairperson of 
the Commission, and consistent with any other law, the head of an 
executive agency or of a Federal court shall provide such information 
to the Commission.
    (c) Facilities and Support Services.--The Administrator of General 
Services shall provide to the Commission on a reimbursable basis such 
facilities and support services as the Commission may request. On 
request of the Commission, the head of an executive agency may make any 
of the facilities or services of such agency available to the 
Commission, on a reimbursable or nonreimbursable basis, to assist the 
Commission in carrying out its duties under this subtitle.
    (d) Expenditures and Contracts.--The Commission or, on 
authorization of the Commission, a member of the Commission may make 
expenditures and enter into contracts for the procurement of such 
supplies, services, and property as the Commission or such member 
considers to be appropriate for the purpose of carrying out the duties 
of the Commission. Such expenditures and contracts may be made only to 
such extent or in such amounts as are provided in advance in 
appropriation Acts.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (f) Gifts, Bequests, and Devises.--The Commission may accept, use, 
and dispose of gifts, bequests, or devises of services or property, 
both real and personal, for the purpose of aiding or facilitating the 
work of the Commission. Gifts, bequests, or devises of money and 
proceeds from sales of other property received as gifts, bequests, or 
devises shall be deposited in the Treasury and shall be available for 
disbursement upon order of the Commission.

SEC. 11058. REPORT.

    Not later than 3 years after the first meeting of the Commission, 
the Commission shall submit to Congress and the President a report 
containing a detailed statement of the findings and conclusions of the 
Commission, together with recommendations for legislative or 
administrative action the Commission considers to be appropriate.

SEC. 11059. TERMINATION OF COMMISSION.

    The Commission shall cease to exist 30 days after the date on which 
the report required by section 8 is submitted.

SEC. 11060. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $4,000,000 to carry out this 
subtitle.

                       TITLE II--JUVENILE JUSTICE
              Subtitle A--Juvenile Offender Accountability

SEC. 12101. SHORT TITLE.

    This subtitle may be cited as the ``Consequences for Juvenile 
Offenders Act of 2002''.

SEC. 12102. JUVENILE OFFENDER ACCOUNTABILITY.

    (a) Grant Program.--Part R of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.) is amended to 
read as follows:

             ``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

``SEC. 1801. PROGRAM AUTHORIZED.

    ``(a) In General.--The Attorney General is authorized to provide 
grants to States, for use by States and units of local government, and 
in certain cases directly to specially qualified units.
    ``(b) Authorized Activities.--Amounts paid to a State or a unit of 
local government under this part shall be used by the State or unit of 
local government for the purpose of strengthening the juvenile justice 
system, which includes--
        ``(1) developing, implementing, and administering graduated 
    sanctions for juvenile offenders;
        ``(2) building, expanding, renovating, or operating temporary 
    or permanent juvenile correction, detention, or community 
    corrections facilities;
        ``(3) hiring juvenile court judges, probation officers, and 
    court-appointed defenders and special advocates, and funding 
    pretrial services (including mental health screening and 
    assessment) for juvenile offenders, to promote the effective and 
    expeditious administration of the juvenile justice system;
        ``(4) hiring additional prosecutors, so that more cases 
    involving violent juvenile offenders can be prosecuted and case 
    backlogs reduced;
        ``(5) providing funding to enable prosecutors to address drug, 
    gang, and youth violence problems more effectively and for 
    technology, equipment, and training to assist prosecutors in 
    identifying and expediting the prosecution of violent juvenile 
    offenders;
        ``(6) establishing and maintaining training programs for law 
    enforcement and other court personnel with respect to preventing 
    and controlling juvenile crime;
        ``(7) establishing juvenile gun courts for the prosecution and 
    adjudication of juvenile firearms offenders;
        ``(8) establishing drug court programs for juvenile offenders 
    that provide continuing judicial supervision over juvenile 
    offenders with substance abuse problems and the integrated 
    administration of other sanctions and services for such offenders;
        ``(9) establishing and maintaining a system of juvenile records 
    designed to promote public safety;
        ``(10) establishing and maintaining interagency information-
    sharing programs that enable the juvenile and criminal justice 
    systems, schools, and social services agencies to make more 
    informed decisions regarding the early identification, control, 
    supervision, and treatment of juveniles who repeatedly commit 
    serious delinquent or criminal acts;
        ``(11) establishing and maintaining accountability-based 
    programs designed to reduce recidivism among juveniles who are 
    referred by law enforcement personnel or agencies;
        ``(12) establishing and maintaining programs to conduct risk 
    and need assessments of juvenile offenders that facilitate the 
    effective early intervention and the provision of comprehensive 
    services, including mental health screening and treatment and 
    substance abuse testing and treatment to such offenders;
        ``(13) establishing and maintaining accountability-based 
    programs that are designed to enhance school safety;
        ``(14) establishing and maintaining restorative justice 
    programs;
        ``(15) establishing and maintaining programs to enable juvenile 
    courts and juvenile probation officers to be more effective and 
    efficient in holding juvenile offenders accountable and reducing 
    recidivism; or
        ``(16) hiring detention and corrections personnel, and 
    establishing and maintaining training programs for such personnel 
    to improve facility practices and programming.
    ``(c) Definition.--In this section the term `restorative justice 
program' means a program that emphasizes the moral accountability of an 
offender toward the victim and the affected community and may include 
community reparations boards, restitution (in the form of monetary 
payment or service to the victim or, where no victim can be identified, 
service to the affected community), and mediation between victim and 
offender.

``SEC. 1801A. TRIBAL GRANT PROGRAM AUTHORIZED.

    ``(a) In General.--From the amount reserved under section 1810(b), 
the Attorney General shall make grants to Indian tribes for programs to 
strengthen tribal juvenile justice systems and to hold tribal youth 
accountable.
    ``(b) Eligibility.--Indian tribes, as defined by section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a), or 
a consortia of such tribes, shall submit to the Attorney General an 
application in such form and containing such information as the 
Attorney General may require. Only tribes that carry out tribal 
juvenile justice functions shall be eligible to receive a grant under 
this section.
    ``(c) Awards.--The Attorney General shall award grants under this 
section on a competitive basis.
    ``(d) Guidelines.--The Attorney General shall issue guidelines 
establishing application, use, and award criteria and processes 
consistent with the purposes and requirements of this Act.

``SEC. 1802. GRANT ELIGIBILITY.

    ``(a) State Eligibility.--To be eligible to receive a grant under 
this part, a State shall submit to the Attorney General an application 
at such time, in such form, and containing such assurances and 
information as the Attorney General may require by guidelines, 
including--
        ``(1) information about--
            ``(A) the activities proposed to be carried out with such 
        grant; and
            ``(B) the criteria by which the State proposes to assess 
        the effectiveness of such activities on achieving the purposes 
        of this part; and
        ``(2) assurances that the State and any unit of local 
    government to which the State provides funding under section 
    1803(b), has in effect (or shall have in effect, not later than 1 
    year after the date that the State submits such application) laws, 
    or has implemented (or shall implement, not later than 1 year after 
    the date that the State submits such application) policies and 
    programs, that provide for a system of graduated sanctions 
    described in subsection (d).
    ``(b) Local Eligibility.--
        ``(1) Subgrant eligibility.--To be eligible to receive a 
    subgrant, a unit of local government, other than a specially 
    qualified unit, shall provide to the State--
            ``(A) information about--
                ``(i) the activities proposed to be carried out with 
            such subgrant; and
                ``(ii) the criteria by which the unit proposes to 
            assess the effectiveness of such activities on achieving 
            the purposes of this part; and
            ``(B) such assurances as the State shall require, that, to 
        the maximum extent applicable, the unit of local government has 
        in effect (or shall have in effect, not later than 1 year after 
        the date that the unit submits such application) laws, or has 
        implemented (or shall implement, not later than 1 year after 
        the date that the unit submits such application) policies and 
        programs, that provide for a system of graduated sanctions 
        described in subsection (d).
        ``(2) Special rule.--The requirements of paragraph (1) shall 
    apply to a specially qualified unit that receives funds from the 
    Attorney General under section 1803(e), except that information 
    that is otherwise required to be submitted to the State shall be 
    submitted to the Attorney General.
    ``(c) Role of Courts.--In the development of the grant application, 
the States and units of local governments shall take into consideration 
the needs of the judicial branch in strengthening the juvenile justice 
system and specifically seek the advice of the chief of the highest 
court of the State and where appropriate, the chief judge of the local 
court, with respect to the application.
    ``(d) Graduated Sanctions.--A system of graduated sanctions, which 
may be discretionary as provided in subsection (e), shall ensure, at a 
minimum, that--
        ``(1) sanctions are imposed on a juvenile offender for each 
    delinquent offense;
        ``(2) sanctions escalate in intensity with each subsequent, 
    more serious delinquent offense;
        ``(3) there is sufficient flexibility to allow for 
    individualized sanctions and services suited to the individual 
    juvenile offender; and
        ``(4) appropriate consideration is given to public safety and 
    victims of crime.
    ``(e) Discretionary Use of Sanctions.--
        ``(1) Voluntary participation.--A State or unit of local 
    government may be eligible to receive a grant under this part if--
            ``(A) its system of graduated sanctions is discretionary; 
        and
            ``(B) it demonstrates that it has promoted the use of a 
        system of graduated sanctions by taking steps to encourage 
        implementation of such a system by juvenile courts.
        ``(2) Reporting requirement if graduated sanctions not used.--
            ``(A) Juvenile courts.--A State or unit of local government 
        in which the imposition of graduated sanctions is discretionary 
        shall require each juvenile court within its jurisdiction--
                ``(i) which has not implemented a system of graduated 
            sanctions, to submit an annual report that explains why 
            such court did not implement graduated sanctions; and
                ``(ii) which has implemented a system of graduated 
            sanctions but has not imposed graduated sanctions in all 
            cases, to submit an annual report that explains why such 
            court did not impose graduated sanctions in all cases.
            ``(B) Units of local government.--Each unit of local 
        government, other than a specially qualified unit, that has 1 
        or more juvenile courts that use a discretionary system of 
        graduated sanctions shall collect the information reported 
        under subparagraph (A) for submission to the State each year.
            ``(C) States.--Each State and specially qualified unit that 
        has 1 or more juvenile courts that use a discretionary system 
        of graduated sanctions shall collect the information reported 
        under subparagraph (A) for submission to the Attorney General 
        each year. A State shall also collect and submit to the 
        Attorney General the information collected under subparagraph 
        (B).
    ``(f) Definitions.--In this section:
        ``(1) Discretionary.--The term `discretionary' means that a 
    system of graduated sanctions is not required to be imposed by each 
    and every juvenile court in a State or unit of local government.
        ``(2) Sanctions.--The term `sanctions' means tangible, 
    proportional consequences that hold the juvenile offender 
    accountable for the offense committed. A sanction may include 
    counseling, restitution, community service, a fine, supervised 
    probation, or confinement.

``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) State Allocation.--
        ``(1) In general.--In accordance with regulations promulgated 
    pursuant to this part and except as provided in paragraph (3), the 
    Attorney General shall allocate--
            ``(A) 0.50 percent for each State; and
            ``(B) of the total funds remaining after the allocation 
        under subparagraph (A), to each State, an amount which bears 
        the same ratio to the amount of remaining funds described in 
        this subparagraph as the population of people under the age of 
        18 living in such State for the most recent calendar year in 
        which such data is available bears to the population of people 
        under the age of 18 of all the States for such fiscal year.
        ``(2) Prohibition.--No funds allocated to a State under this 
    subsection or received by a State for distribution under subsection 
    (b) may be distributed by the Attorney General or by the State 
    involved for any program other than a program contained in an 
    approved application.
    ``(b) Local Distribution.--
        ``(1) In general.--Except as provided in paragraph (2), each 
    State which receives funds under subsection (a)(1) in a fiscal year 
    shall distribute among units of local government, for the purposes 
    specified in section 1801, not less than 75 percent of such amounts 
    received.
        ``(2) Waiver.--If a State submits to the Attorney General an 
    application for waiver that demonstrates and certifies to the 
    Attorney General that--
            ``(A) the State's juvenile justice expenditures in the 
        fiscal year preceding the date in which an application is 
        submitted under this part (the `State percentage') is more than 
        25 percent of the aggregate amount of juvenile justice 
        expenditures by the State and its eligible units of local 
        government; and
            ``(B) the State has consulted with as many units of local 
        government in such State, or organizations representing such 
        units, as practicable regarding the State's calculation of 
        expenditures under subparagraph (A), the State's application 
        for waiver under this paragraph, and the State's proposed uses 
        of funds.
        ``(3) Allocation.--In making the distribution under paragraph 
    (1), the State shall allocate to such units of local government an 
    amount which bears the same ratio to the aggregate amount of such 
    funds as--
            ``(A) the sum of--
                ``(i) the product of--

                    ``(I) three-quarters; multiplied by
                    ``(II) the average juvenile justice expenditure for 
                such unit of local government for the 3 most recent 
                calendar years for which such data is available; plus

                ``(ii) the product of--

                    ``(I) one-quarter; multiplied by
                    ``(II) the average annual number of part 1 violent 
                crimes in such unit of local government for the 3 most 
                recent calendar years for which such data is available, 
                bears to--

            ``(B) the sum of the products determined under subparagraph 
        (A) for all such units of local government in the State.
        ``(4) Expenditures.--The allocation any unit of local 
    government shall receive under paragraph (3) for a payment period 
    shall not exceed 100 percent of juvenile justice expenditures of 
    the unit for such payment period.
        ``(5) Reallocation.--The amount of any unit of local 
    government's allocation that is not available to such unit by 
    operation of paragraph (4) shall be available to other units of 
    local government that are not affected by such operation in 
    accordance with this subsection.
    ``(c) Unavailability of Data for Units of Local Government.--If the 
State has reason to believe that the reported rate of part 1 violent 
crimes or juvenile justice expenditures for a unit of local government 
is insufficient or inaccurate, the State shall--
        ``(1) investigate the methodology used by the unit to determine 
    the accuracy of the submitted data; and
        ``(2) if necessary, use the best available comparable data 
    regarding the number of violent crimes or juvenile justice 
    expenditures for the relevant years for the unit of local 
    government.
    ``(d) Local Government With Allocations Less Than $10,000.--If 
under this section a unit of local government is allocated less than 
$10,000 for a payment period, the amount allotted shall be expended by 
the State on services to units of local government whose allotment is 
less than such amount in a manner consistent with this part.
    ``(e) Direct Grants to Specially Qualified Units.--
        ``(1) In general.--If a State does not qualify or apply for 
    funds reserved for allocation under subsection (a) by the 
    application deadline established by the Attorney General, the 
    Attorney General shall reserve not more than 75 percent of the 
    allocation that the State would have received under subsection (a) 
    for such fiscal year to provide grants to specially qualified units 
    which meet the requirements for funding under section 1802.
        ``(2) Award basis.--In addition to the qualification 
    requirements for direct grants for specially qualified units the 
    Attorney General may use the average amount allocated by the States 
    to units of local government as a basis for awarding grants under 
    this section.

``SEC. 1804. GUIDELINES.

    ``(a) In General.--The Attorney General shall issue guidelines 
establishing procedures under which a State or specifically qualified 
unit of local government that receives funds under section 1803 is 
required to provide notice to the Attorney General regarding the 
proposed use of funds made available under this part.
    ``(b) Advisory Board.--
        ``(1) In general.--The guidelines referred to in subsection (a) 
    shall include a requirement that such eligible State or unit of 
    local government establish and convene an advisory board to 
    recommend a coordinated enforcement plan for the use of such funds.
        ``(2) Membership.--The board shall include representation from, 
    if appropriate--
            ``(A) the State or local police department;
            ``(B) the local sheriff's department;
            ``(C) the State or local prosecutor's office;
            ``(D) the State or local juvenile court;
            ``(E) the State or local probation office;
            ``(F) the State or local educational agency;
            ``(G) a State or local social service agency;
            ``(H) a nonprofit, nongovernmental victim advocacy 
        organization; and
            ``(I) a nonprofit, religious, or community group.

``SEC. 1805. PAYMENT REQUIREMENTS.

    ``(a) Timing of Payments.--The Attorney General shall pay to each 
State or specifically qualified unit of local government that receives 
funds under section 1803 that has submitted an application under this 
part the amount awarded to such State or unit of local government not 
later than the later of--
        ``(1) the date that is 180 days after the date that the amount 
    is available; or
        ``(2) the first day of the payment period if the State has 
    provided the Attorney General with the assurances required by 
    subsection (c).
    ``(b) Repayment of Unexpended Amounts.--
        ``(1) Repayment required.--From amounts awarded under this 
    part, a State or specially qualified unit shall repay to the 
    Attorney General, before the expiration of the 36-month period 
    beginning on the date of the award, any amount that is not expended 
    by such State or unit.
        ``(2) Extension.--The Attorney General may adopt policies and 
    procedures providing for a one-time extension, by not more than 12 
    months, of the period referred to in paragraph (1).
        ``(3) Penalty for failure to repay.--If the amount required to 
    be repaid is not repaid, the Attorney General shall reduce payment 
    in future payment periods accordingly.
        ``(4) Deposit of amounts repaid.--Amounts received by the 
    Attorney General as repayments under this subsection shall be 
    deposited in a designated fund for future payments to States and 
    specially qualified units.
    ``(c) Administrative Costs.--A State or unit of local government 
that receives funds under this part may use not more than 5 percent of 
such funds to pay for administrative costs.
    ``(d) Nonsupplanting Requirement.--Funds made available under this 
part to States and units of local government shall not be used to 
supplant State or local funds as the case may be, but shall be used to 
increase the amount of funds that would, in the absence of funds made 
available under this part, be made available from State or local 
sources, as the case may be.
    ``(e) Matching Funds.--
        ``(1) In general.--The Federal share of a grant received under 
    this part may not exceed 90 percent of the total program costs.
        ``(2) Construction of facilities.--Notwithstanding paragraph 
    (1), with respect to the cost of constructing juvenile detention or 
    correctional facilities, the Federal share of a grant received 
    under this part may not exceed 50 percent of approved cost.

``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

    ``Funds or a portion of funds allocated under this part may be used 
by a State or unit of local government that receives a grant under this 
part to contract with private, nonprofit entities, or community-based 
organizations to carry out the purposes specified under section 
1801(b).

``SEC. 1807. ADMINISTRATIVE PROVISIONS.

    ``(a) In General.--A State or specially qualified unit that 
receives funds under this part shall--
        ``(1) establish a trust fund in which the government will 
    deposit all payments received under this part;
        ``(2) use amounts in the trust fund (including interest) during 
    the period specified in section 1805(b)(1) and any extension of 
    that period under section 1805(b)(2);
        ``(3) designate an official of the State or specially qualified 
    unit to submit reports as the Attorney General reasonably requires, 
    in addition to the annual reports required under this part; and
        ``(4) spend the funds only for the purpose of strengthening the 
    juvenile justice system.
    ``(b) Title I Provisions.--Except as otherwise provided, the 
administrative provisions of part H shall apply to this part and for 
purposes of this section any reference in such provisions to title I 
shall be deemed to include a reference to this part.

``SEC. 1808. ASSESSMENT REPORTS.

    ``(a) Reports to Attorney General.--
        ``(1) In general.--Except as provided in paragraph (4), for 
    each fiscal year for which a grant or subgrant is awarded under 
    this part, each State or specially qualified unit of local 
    government that receives such a grant shall submit to the Attorney 
    General a grant report, and each unit of local government that 
    receives such a subgrant shall submit to the State a subgrant 
    report, at such time and in such manner as the Attorney General may 
    reasonably require.
        ``(2) Grant report.--Each grant report required by paragraph 
    (1) shall include--
            ``(A) a summary of the activities carried out with such 
        grant;
            ``(B) if such activities included any subgrant, a summary 
        of the activities carried out with each such subgrant; and
            ``(C) an assessment of the effectiveness of such activities 
        on achieving the purposes of this part.
        ``(3) Subgrant report.--Each subgrant report required by 
    paragraph (1) shall include--
            ``(A) a summary of the activities carried out with such 
        subgrant; and
            ``(B) an assessment of the effectiveness of such activities 
        on achieving the purposes of this part.
        ``(4) Waivers.--The Attorney General may waive the requirement 
    of an assessment in paragraph (2)(C) for a State or specially 
    qualified unit of local government, or in paragraph (3)(B) for a 
    unit of local government, if the Attorney General determines that--
            ``(A) the nature of the activities are such that assessing 
        their effectiveness would not be practical or insightful;
            ``(B) the amount of the grant or subgrant is such that 
        carrying out the assessment would not be an effective use of 
        those amounts; or
            ``(C) the resources available to the State or unit are such 
        that carrying out the assessment would pose a financial 
        hardship on the State or unit.
    ``(b) Reports to Congress.--Not later than 120 days after the last 
day of each fiscal year for which 1 or more grants are awarded under 
this part, the Attorney General shall submit to Congress a report, 
which shall include--
        ``(1) a summary of the information provided under subsection 
    (a);
        ``(2) an assessment by the Attorney General of the grant 
    program carried out under this part; and
        ``(3) such other information as the Attorney General considers 
    appropriate.

``SEC. 1809. DEFINITIONS.

    ``In this part:
        ``(1) Unit of local government.--The term `unit of local 
    government' means--
            ``(A) a county, township, city, or political subdivision of 
        a county, township, or city, that is a unit of local government 
        as determined by the Secretary of Commerce for general 
        statistical purposes;
            ``(B) any law enforcement district or judicial enforcement 
        district that--
                ``(i) is established under applicable State law; and
                ``(ii) has the authority, in a manner independent of 
            other State entities, to establish a budget and raise 
            revenues; and
            ``(C) the District of Columbia and the recognized governing 
        body of an Indian tribe or Alaskan Native village that carries 
        out substantial governmental duties and powers.
        ``(2) Specially qualified unit.--The term `specially qualified 
    unit' means a unit of local government which may receive funds 
    under this part only in accordance with section 1803(e).
        ``(3) State.--The term `State' means any State of the United 
    States, the District of Columbia, the Commonwealth of Puerto Rico, 
    the Virgin Islands, American Samoa, Guam, and the Northern Mariana 
    Islands, except that--
            ``(A) the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands (the `partial States') shall 
        collectively be considered as 1 State; and
            ``(B) for purposes of section 1803(a), the amount allocated 
        to a partial State shall bear the same proportion to the amount 
        collectively allocated to the partial States as the population 
        of the partial State bears to the collective population of the 
        partial States.
        ``(4) Juvenile.--The term `juvenile' means an individual who is 
    17 years of age or younger.
        ``(5) Juvenile justice expenditures.--The term `juvenile 
    justice expenditures' means expenditures in connection with the 
    juvenile justice system, including expenditures in connection with 
    such system to carry out--
            ``(A) activities specified in section 1801(b); and
            ``(B) other activities associated with prosecutorial and 
        judicial services and corrections as reported to the Bureau of 
        the Census for the fiscal year preceding the fiscal year for 
        which a determination is made under this part.
        ``(6) Part 1 violent crimes.--The term `part 1 violent crimes' 
    means murder and nonnegligent manslaughter, forcible rape, robbery, 
    and aggravated assault as reported to the Federal Bureau of 
    Investigation for purposes of the Uniform Crime Reports.

``SEC. 1810. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this part, $350,000,000 for each of fiscal years 2002 through 2005.
    ``(b) Oversight Accountability and Administration.--
        ``(1) In general.--Of the amount authorized to be appropriated 
    under section 261 of title II of the Juvenile Justice and 
    Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.), there 
    shall be available to the Attorney General, for each of the fiscal 
    years 2002 through 2004 (as applicable), to remain available until 
    expended--
            ``(A) not more than 2 percent of that amount, for research, 
        evaluation, and demonstration consistent with this part;
            ``(B) not more than 2 percent of that amount, for training 
        and technical assistance; and
            ``(C) not more than 1 percent, for administrative costs to 
        carry out the purposes of this part.
        ``(2) Oversight plan.--The Attorney General shall establish and 
    execute an oversight plan for monitoring the activities of grant 
    recipients.
    ``(c) Tribal Set-Aside.--Of the amounts appropriated under 
subsection (a), 2 percent shall be made available for programs that 
receive grants under section 1801A.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the first fiscal year that begins after 
the date of enactment of this Act.
    (c) Transition of Juvenile Accountability Incentive Block Grants 
Program.--For each grant made from amounts made available for the 
Juvenile Accountability Incentive Block Grants program (as described 
under the heading ``VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL 
LAW ENFORCEMENT ASSISTANCE'' in the Department of Justice 
Appropriations Act, 2000 (as enacted by Public Law 106-113; 113 Stat. 
1537-14)), the grant award shall remain available to the grant 
recipient for not more than 36 months after the date of receipt of the 
grant.

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

SEC. 12201. SHORT TITLE.

    This subtitle may be cited as the ``Juvenile Justice and 
Delinquency Prevention Act of 2002''.

SEC. 12202. FINDINGS.

    Section 101 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5601) is amended to read as follows:


                                ``findings

    ``Sec. 101. (a) The Congress finds the following:
        ``(1) Although the juvenile violent crime arrest rate in 1999 
    was the lowest in the decade, there remains a consensus that the 
    number of crimes and the rate of offending by juveniles nationwide 
    is still too high.
        ``(2) According to the Office of Juvenile Justice and 
    Delinquency Prevention, allowing 1 youth to leave school for a life 
    of crime and of drug abuse costs society $1,700,000 to $2,300,000 
    annually.
        ``(3) One in every 6 individuals (16.2 percent) arrested for 
    committing violent crime in 1999 was less than 18 years of age. In 
    1999, juveniles accounted for 9 percent of murder arrests, 17 
    percent of forcible rape arrests, 25 percent of robbery arrest, 14 
    percent of aggravated assault arrests, and 24 percent of weapons 
    arrests.
        ``(4) More than \1/2\ of juvenile murder victims are killed 
    with firearms. Of the nearly 1,800 murder victims less than 18 
    years of age, 17 percent of the victims less than 13 years of age 
    were murdered with a firearm, and 81 percent of the victims 13 
    years of age or older were killed with a firearm.
        ``(5) Juveniles accounted for 13 percent of all drug abuse 
    violation arrests in 1999. Between 1990 and 1999, juvenile arrests 
    for drug abuse violations rose 132 percent.
        ``(6) Over the last 3 decades, youth gang problems have 
    increased nationwide. In the 1970's, 19 States reported youth gang 
    problems. By the late 1990's, all 50 States and the District of 
    Columbia reported gang problems. For the same period, the number of 
    cities reporting youth gang problems grew 843 percent, and the 
    number of counties reporting gang problems increased more than 
    1,000 percent.
        ``(7) According to a national crime survey of individuals 12 
    years of age or older during 1999, those 12 to 19 years old are 
    victims of violent crime at higher rates than individuals in all 
    other age groups. Only 30.8 percent of these violent victimizations 
    were reported by youth to police in 1999.
        ``(8) One-fifth of juveniles 16 years of age who had been 
    arrested were first arrested before attaining 12 years of age. 
    Juveniles who are known to the juvenile justice system before 
    attaining 13 years of age are responsible for a disproportionate 
    share of serious crimes and violence.
        ``(9) The increase in the arrest rates for girls and young 
    juvenile offenders has changed the composition of violent offenders 
    entering the juvenile justice system.
        ``(10) These problems should be addressed through a 2-track 
    common sense approach that addresses the needs of individual 
    juveniles and society at large by promoting--
            ``(A) quality prevention programs that--
                ``(i) work with juveniles, their families, local public 
            agencies, and community-based organizations, and take into 
            consideration such factors as whether or not juveniles have 
            been the victims of family violence (including child abuse 
            and neglect); and
                ``(ii) are designed to reduce risks and develop 
            competencies in at-risk juveniles that will prevent, and 
            reduce the rate of, violent delinquent behavior; and
            ``(B) programs that assist in holding juveniles accountable 
        for their actions and in developing the competencies necessary 
        to become responsible and productive members of their 
        communities, including a system of graduated sanctions to 
        respond to each delinquent act, requiring juveniles to make 
        restitution, or perform community service, for the damage 
        caused by their delinquent acts, and methods for increasing 
        victim satisfaction with respect to the penalties imposed on 
        juveniles for their acts.
        ``(11) Coordinated juvenile justice and delinquency prevention 
    projects that meet the needs of juveniles through the collaboration 
    of the many local service systems juveniles encounter can help 
    prevent juveniles from becoming delinquent and help delinquent 
    youth return to a productive life.
    ``(b) Congress must act now to reform this program by focusing on 
juvenile delinquency prevention programs, as well as programs that hold 
juveniles accountable for their acts and which provide opportunities 
for competency development. Without true reform, the juvenile justice 
system will not be able to overcome the challenges it will face in the 
coming years when the number of juveniles is expected to increase by 18 
percent between 2000 and 2030.''.

SEC. 12203. PURPOSE.

    Section 102 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5602) is amended to read as follows:


                                ``purposes

    ``Sec. 102. The purposes of this title and title II are--
        ``(1) to support State and local programs that prevent juvenile 
    involvement in delinquent behavior;
        ``(2) to assist State and local governments in promoting public 
    safety by encouraging accountability for acts of juvenile 
    delinquency; and
        ``(3) to assist State and local governments in addressing 
    juvenile crime through the provision of technical assistance, 
    research, training, evaluation, and the dissemination of 
    information on effective programs for combating juvenile 
    delinquency.''.

SEC. 12204. DEFINITIONS.

    Section 103 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5603) is amended--
        (1) in paragraph (3) by striking ``to help prevent juvenile 
    delinquency'' and inserting ``designed to reduce known risk factors 
    for juvenile delinquent behavior, provides activities that build on 
    protective factors for, and develop competencies in, juveniles to 
    prevent, and reduce the rate of, delinquent juvenile behavior'',
        (2) in paragraph (4) by inserting ``title I of'' before ``the 
    Omnibus'' each place it appears,
        (3) in paragraph (7) by striking ``the Trust Territory of the 
    Pacific Islands,'',
        (4) in paragraph (12)(B) by striking ``, of any nonoffender,'',
        (5) in paragraph (13)(B) by striking ``, any nonoffender,'',
        (6) in paragraph (14) by inserting ``drug trafficking,'' after 
    ``assault,'',
        (7) in paragraph (16)--
            (A) in subparagraph (A) by adding ``and'' at the end, and
            (B) by striking subparagraph (C),
        (8) in paragraph (22)--
            (A) by redesignating subparagraphs (i), (ii), and (iii) as 
        subparagraphs (A), (B), and (C), respectively, and
            (B) by striking ``and'' at the end,
        (9) in paragraph (23) by striking the period at the end and 
    inserting a semicolon, and
        (10) by adding at the end the following:
        ``(24) the term `graduated sanctions' means an accountability-
    based, graduated series of sanctions (including incentives, 
    treatment, and services) applicable to juveniles within the 
    juvenile justice system to hold such juveniles accountable for 
    their actions and to protect communities from the effects of 
    juvenile delinquency by providing appropriate sanctions for every 
    act for which a juvenile is adjudicated delinquent, by inducing 
    their law-abiding behavior, and by preventing their subsequent 
    involvement with the juvenile justice system;
        ``(25) the term `contact' means the degree of interaction 
    allowed between juvenile offenders in a secure custody status and 
    incarcerated adults under section 31.303(d)(1)(i) of title 28, Code 
    of Federal Regulations, as in effect on December 10, 1996;
        ``(26) the term `adult inmate' means an individual who--
                ``(A) has reached the age of full criminal 
            responsibility under applicable State law; and
                ``(B) has been arrested and is in custody for or 
            awaiting trial on a criminal charge, or is convicted of a 
            criminal offense;
        ``(27) the term `violent crime' means--
            ``(A) murder or nonnegligent manslaughter, forcible rape, 
        or robbery, or
            ``(B) aggravated assault committed with the use of a 
        firearm;
        ``(28) the term `collocated facilities' means facilities that 
    are located in the same building, or are part of a related complex 
    of buildings located on the same grounds; and
        ``(29) the term `related complex of buildings' means 2 or more 
    buildings that share--
            ``(A) physical features, such as walls and fences, or 
        services beyond mechanical services (heating, air conditioning, 
        water and sewer); or
            ``(B) the specialized services that are allowable under 
        section 31.303(e)(3)(i)(C)(3) of title 28 of the Code of 
        Federal Regulations, as in effect on December 10, 1996.''.

SEC. 12205. CONCENTRATION OF FEDERAL EFFORT.

    Section 204 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5614) is amended--
        (1) in subsection (b)--
            (A) in paragraph (3) by striking ``and of the prospective'' 
        and all that follows through ``administered'',
            (B) in paragraph (5) by striking ``parts C and D'' each 
        place it appears and inserting ``parts D and E'', and
            (C) by amending paragraph (7) to read as follows:
        ``(7) not later than 1 year after the date of the enactment of 
    this paragraph, issue model standards for providing mental health 
    care to incarcerated juveniles.'',
        (2) in subsection (c) by striking ``and reports'' and all that 
    follows through ``this part'', and inserting ``as may be 
    appropriate to prevent the duplication of efforts, and to 
    coordinate activities, related to the prevention of juvenile 
    delinquency'',
        (3) by amending subsection (d) to read as follows:
    ``(d) The Administrator shall have the sole authority to delegate 
any of the functions of the Administrator under this Act.'';
        (4) by striking subsection (i), and
        (5) by redesignating subsection (h) as subsection (f).

SEC. 12206. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY 
              PREVENTION.

    Section 206(c)(2)(B) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5616(c)(2)(B)) is amended by striking 
``Education and Labor'' and inserting ``Education and the Workforce''.

SEC. 12207. ANNUAL REPORT.

    Section 207 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5617) is amended by striking paragraphs (4) and (5), 
and inserting the following:
        ``(4) An evaluation of the programs funded under this title and 
    their effectiveness in reducing the incidence of juvenile 
    delinquency, particularly violent crime, committed by juveniles.''.

SEC. 12208. ALLOCATION.

    Section 222 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5632) is amended--
        (1) in subsection (a)--
            (A) in paragraph (2)--
                (i) in subparagraph (A)--

                    (I) by striking ``(other than parts D and E)'',
                    (II) by striking ``amount, up to $400,000,'' and 
                inserting ``amount up to $400,000'',
                    (III) by striking ``1992'' the 1st place it appears 
                and inserting ``2000,'',
                    (IV) by striking ``1992'' the last place it appears 
                and inserting ``2000'',
                    (V) by striking ``the Trust Territory of the 
                Pacific Islands,'', and
                    (VI) by striking ``amount, up to $100,000,'' and 
                inserting ``amount up to $100,000'',

                (ii) in subparagraph (B)--

                    (I) by striking ``(other than part D)'',
                    (II) by striking ``$400,000'' and inserting 
                ``$600,000'',
                    (III) by striking ``or such greater amount, up to 
                $600,000'' and all that follows through ``section 
                299(a) (1) and (3)'',
                    (IV) by striking ``the Trust Territory of the 
                Pacific Islands,'',
                    (V) by striking ``amount, up to $100,000,'' and 
                inserting ``amount up to $100,000'', and
                    (VI) by striking ``1992'' and inserting ``2000,'',

            (B) in paragraph (3)--
                (i) by striking ``allot'' and inserting ``allocate'', 
            and
                (ii) by striking ``1992'' each place it appears and 
            inserting ``2000'', and
        (2) in subsection (b) by striking ``the Trust Territory of the 
    Pacific Islands,''.

SEC. 12209. STATE PLANS.

    Section 223 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5633) is amended--
        (1) in subsection (a)--
            (A) in the 2d sentence by striking ``and challenge'' and 
        all that follows through ``part E'', and inserting ``, 
        projects, and activities'',
            (B) in paragraph (3)--
                (i) by striking ``, which--'' and inserting ``that--'',
                (ii) in subparagraph (A)(i) by striking ``or the 
            administration of juvenile justice'' and inserting ``, the 
            administration of juvenile justice, or the reduction of 
            juvenile delinquency'', and
                (iii) in subparagraph (D)--

                    (I) in clause (i) by inserting ``and'' at the end, 
                and
                    (II) in clause (ii) by striking ``paragraphs'' and 
                all that follows through ``part E'', and inserting 
                ``paragraphs (11), (12), and (13)'',

            (C) in paragraph (5)--
                (i) in the matter preceding subparagraph (A) by 
            striking ``, other than'' and inserting ``reduced by the 
            percentage (if any) specified by the State under the 
            authority of paragraph (25) and excluding'', and
                (ii) in subparagraph (C) by striking ``paragraphs 
            (12)(A), (13), and (14)'' and inserting ``paragraphs (11), 
            (12), and (13)'',
            (D) by striking paragraph (6),
            (E) in paragraph (7) by inserting ``, including in rural 
        areas'' before the semicolon at the end,
            (F) in paragraph (8)--
                (i) in subparagraph (A)--

                    (I) by striking ``for (i)'' and all that follows 
                through ``relevant jurisdiction'', and inserting ``for 
                an analysis of juvenile delinquency problems in, and 
                the juvenile delinquency control and delinquency 
                prevention needs (including educational needs) of, the 
                State'', and
                    (II) by striking ``of the jurisdiction; (ii)'' and 
                all that follows through the semicolon at the end, and 
                inserting ``of the State; and'',

                (ii) by amending subparagraph (B) to read as follows:
        ``(B) contain--
            ``(i) a plan for providing needed gender-specific services 
        for the prevention and treatment of juvenile delinquency;
            ``(ii) a plan for providing needed services for the 
        prevention and treatment of juvenile delinquency in rural 
        areas; and
            ``(iii) a plan for providing needed mental health services 
        to juveniles in the juvenile justice system, including 
        information on how such plan is being implemented and how such 
        services will be targeted to those juveniles in such system who 
        are in greatest need of such services;'', and
                (iii) by striking subparagraphs (C) and (D),
            (G) by amending paragraph (9) to read as follows:
        ``(9) provide for the coordination and maximum utilization of 
    existing juvenile delinquency programs, programs operated by public 
    and private agencies and organizations, and other related programs 
    (such as education, special education, recreation, health, and 
    welfare programs) in the State;'',
            (H) in paragraph (10)--
                (i) in subparagraph (A)--

                    (I) by striking ``, specifically'' and inserting 
                ``including'',
                    (II) by striking clause (i), and
                    (III) redesignating clauses (ii) and (iii) as 
                clauses (i) and (ii), respectively,

                (ii) by amending subparagraph (D) to read as follows:
            ``(D) programs that provide treatment to juvenile offenders 
        who are victims of child abuse or neglect, and to their 
        families, in order to reduce the likelihood that such juvenile 
        offenders will commit subsequent violations of law;'',
                (iii) in subparagraph (E)--

                    (I) by redesignating clause (ii) as clause (iii), 
                and
                    (II) by striking ``juveniles, provided'' and all 
                that follows through ``provides; and'', and inserting 
                the following:

        ``juveniles--
                ``(i) to encourage juveniles to remain in elementary 
            and secondary schools or in alternative learning 
            situations;
                ``(ii) to provide services to assist juveniles in 
            making the transition to the world of work and self-
            sufficiency; and'',
                (iv) by amending subparagraph (F) to read as follows:
            ``(F) expanding the use of probation officers--
                ``(i) particularly for the purpose of permitting 
            nonviolent juvenile offenders (including status offenders) 
            to remain at home with their families as an alternative to 
            incarceration or institutionalization; and
                ``(ii) to ensure that juveniles follow the terms of 
            their probation;'',
                (v) by amending subparagraph (G) to read as follows:
            ``(G) counseling, training, and mentoring programs, which 
        may be in support of academic tutoring, vocational and 
        technical training, and drug and violence prevention 
        counseling, that are designed to link at-risk juveniles, 
        juvenile offenders, or juveniles who have a parent or legal 
        guardian who is or was incarcerated in a Federal, State, or 
        local correctional facility or who is otherwise under the 
        jurisdiction of a Federal, State, or local criminal justice 
        system, particularly juveniles residing in low-income and high-
        crime areas and juveniles experiencing educational failure, 
        with responsible individuals (such as law enforcement 
        officials, Department of Defense personnel, individuals working 
        with local businesses, and individuals working with community-
        based and faith-based organizations and agencies) who are 
        properly screened and trained;'',
                (vii) in subparagraph (H) by striking ``handicapped 
            youth'' and inserting ``juveniles with disabilities'',
                (viii) by striking subparagraph (K),
                (ix) in subparagraph (L)--

                    (I) in clause (iv) by adding ``and'' at the end,
                    (II) in clause (v) by striking ``and'' at the end, 
                and
                    (III) by striking clause (vi),

                (x) in subparagraph (M) by striking ``boot camps'',
                (xi) by amending subparagraph (N) to read as follows:
            ``(N) community-based programs and services to work with 
        juveniles, their parents, and other family members during and 
        after incarceration in order to strengthen families so that 
        such juveniles may be retained in their homes;'',
                (xii) in subparagraph (O)--

                    (I) in striking ``cultural'' and inserting 
                ``other'', and
                    (II) by striking the period at the end and 
                inserting a semicolon,

                (xiii) by redesignating subparagraphs (L), (M), (N), 
            and (O) as subparagraphs (K), (L), (M), and (N), 
            respectively; and
                (xiv) by adding at the end the following:
            ``(O) programs designed to prevent and to reduce hate 
        crimes committed by juveniles;
            ``(P) after-school programs that provide at-risk juveniles 
        and juveniles in the juvenile justice system with a range of 
        age-appropriate activities, including tutoring, mentoring, and 
        other educational and enrichment activities;
            ``(Q) community-based programs that provide follow-up post-
        placement services to adjudicated juveniles, to promote 
        successful reintegration into the community;
            ``(R) projects designed to develop and implement programs 
        to protect the rights of juveniles affected by the juvenile 
        justice system; and
            ``(S) programs designed to provide mental health services 
        for incarcerated juveniles suspected to be in need of such 
        services, including assessment, development of individualized 
        treatment plans, and discharge plans.'',
            (I) by amending paragraph (12) to read as follows:
        ``(12) shall, in accordance with rules issued by the 
    Administrator, provide that--
            ``(A) juveniles who are charged with or who have committed 
        an offense that would not be criminal if committed by an adult, 
        excluding--
                ``(i) juveniles who are charged with or who have 
            committed a violation of section 922(x)(2) of title 18, 
            United States Code, or of a similar State law;
                ``(ii) juveniles who are charged with or who have 
            committed a violation of a valid court order; and
                ``(iii) juveniles who are held in accordance with the 
            Interstate Compact on Juveniles as enacted by the State;
        shall not be placed in secure detention facilities or secure 
        correctional facilities; and
            ``(B) juveniles--
                ``(i) who are not charged with any offense; and
                ``(ii) who are--

                    ``(I) aliens; or
                    ``(II) alleged to be dependent, neglected, or 
                abused;

        shall not be placed in secure detention facilities or secure 
        correctional facilities;'',
            (J) by amending paragraph (13) to read as follows:
        ``(13) provide that--
            ``(A) juveniles alleged to be or found to be delinquent or 
        juveniles within the purview of paragraph (11) will not be 
        detained or confined in any institution in which they have 
        contact with adult inmates; and
            ``(B) there is in effect in the State a policy that 
        requires individuals who work with both such juveniles and such 
        adult inmates, including in collocated facilities, have been 
        trained and certified to work with juveniles;'',
            (K) by amending paragraph (14) to read as follows:
        ``(14) provide that no juvenile will be detained or confined in 
    any jail or lockup for adults except--
            ``(A) juveniles who are accused of nonstatus offenses and 
        who are detained in such jail or lockup for a period not to 
        exceed 6 hours--
                ``(i) for processing or release;
                ``(ii) while awaiting transfer to a juvenile facility; 
            or
                ``(iii) in which period such juveniles make a court 
            appearance;
        and only if such juveniles do not have contact with adult 
        inmates and only if there is in effect in the State a policy 
        that requires individuals who work with both such juveniles and 
        adult inmates in collocated facilities have been trained and 
        certified to work with juveniles;
            ``(B) juveniles who are accused of nonstatus offenses, who 
        are awaiting an initial court appearance that will occur within 
        48 hours after being taken into custody (excluding Saturdays, 
        Sundays, and legal holidays), and who are detained in a jail or 
        lockup--
                ``(i) in which--

                    ``(I) such juveniles do not have contact with adult 
                inmates; and
                    ``(II) there is in effect in the State a policy 
                that requires individuals who work with both such 
                juveniles and adults inmates in collocated facilities 
                have been trained and certified to work with juveniles; 
                and

                ``(ii) that--

                    ``(I) is located outside a metropolitan statistical 
                area (as defined by the Office of Management and 
                Budget) and has no existing acceptable alternative 
                placement available;
                    ``(II) is located where conditions of distance to 
                be traveled or the lack of highway, road, or 
                transportation do not allow for court appearances 
                within 48 hours (excluding Saturdays, Sundays, and 
                legal holidays) so that a brief (not to exceed an 
                additional 48 hours) delay is excusable; or
                    ``(III) is located where conditions of safety exist 
                (such as severe adverse, life-threatening weather 
                conditions that do not allow for reasonably safe 
                travel), in which case the time for an appearance may 
                be delayed until 24 hours after the time that such 
                conditions allow for reasonable safe travel;'';

            (L) in paragraph (15)--
                (i) by striking ``paragraph (12)(A), paragraph (13), 
            and paragraph (14)'' and inserting ``paragraphs (11), (12), 
            and (13)'', and
                (ii) by striking ``paragraph (12)(A) and paragraph 
            (13)'' and inserting ``paragraphs (11) and (12)'',
            (M) in paragraph (16) by striking ``mentally, emotionally, 
        or physically handicapping conditions'' and inserting 
        ``disability'',
            (N) by amending paragraph (19) to read as follows:
        ``(19) provide assurances that--
            ``(A) any assistance provided under this Act will not cause 
        the displacement (including a partial displacement, such as a 
        reduction in the hours of nonovertime work, wages, or 
        employment benefits) of any currently employed employee;
            ``(B) activities assisted under this Act will not impair an 
        existing collective bargaining relationship, contract for 
        services, or collective bargaining agreement; and
            ``(C) no such activity that would be inconsistent with the 
        terms of a collective bargaining agreement shall be undertaken 
        without the written concurrence of the labor organization 
        involved;'',
            (O) by amending paragraph (22) to read as follows:
        ``(22) provide that the State agency designated under paragraph 
    (1) will--
            ``(A) to the extent practicable give priority in funding to 
        programs and activities that are based on rigorous, systematic, 
        and objective research that is scientifically based;
            ``(B) from time to time, but not less than annually, review 
        its plan and submit to the Administrator an analysis and 
        evaluation of the effectiveness of the programs and activities 
        carried out under the plan, and any modifications in the plan, 
        including the survey of State and local needs, that it 
        considers necessary; and
            ``(C) not expend funds to carry out a program if the 
        recipient of funds who carried out such program during the 
        preceding 2-year period fails to demonstrate, before the 
        expiration of such 2-year period, that such program achieved 
        substantial success in achieving the goals specified in the 
        application submitted by such recipient to the State agency;'',
            (P) by amending paragraph (23) to read as follows:
        ``(23) address juvenile delinquency prevention efforts and 
    system improvement efforts designed to reduce, without establishing 
    or requiring numerical standards or quotas, the disproportionate 
    number of juvenile members of minority groups, who come into 
    contact with the juvenile justice system;'',
            (Q) by amending paragraph (24) to read as follows:
        ``(24) provide that if a juvenile is taken into custody for 
    violating a valid court order issued for committing a status 
    offense--
            ``(A) an appropriate public agency shall be promptly 
        notified that such juvenile is held in custody for violating 
        such order;
            ``(B) not later than 24 hours during which such juvenile is 
        so held, an authorized representative of such agency shall 
        interview, in person, such juvenile; and
            ``(C) not later than 48 hours during which such juvenile is 
        so held--
                ``(i) such representative shall submit an assessment to 
            the court that issued such order, regarding the immediate 
            needs of such juvenile; and
                ``(ii) such court shall conduct a hearing to 
            determine--

                    ``(I) whether there is reasonable cause to believe 
                that such juvenile violated such order; and
                    ``(II) the appropriate placement of such juvenile 
                pending disposition of the violation alleged;'',

            (R) in paragraph (25)--
                (i) by striking ``1992'' and inserting ``2000'', and
                (ii) by striking the period at the end and inserting a 
            semicolon,
            (S) by redesignating paragraphs (7) through (25) as 
        paragraphs (6) through (24), respectively, and
            (T) by adding at the end the following:
        ``(25) specify a percentage (if any), not to exceed 5 percent, 
    of funds received by the State under section 222 (other than funds 
    made available to the State advisory group under section 222(d)) 
    that the State will reserve for expenditure by the State to provide 
    incentive grants to units of general local government that reduce 
    the caseload of probation officers within such units;
        ``(26) provide that the State, to the maximum extent 
    practicable, will implement a system to ensure that if a juvenile 
    is before a court in the juvenile justice system, public child 
    welfare records (including child protective services records) 
    relating to such juvenile that are on file in the geographical area 
    under the jurisdiction of such court will be made known to such 
    court;
        ``(27) establish policies and systems to incorporate relevant 
    child protective services records into juvenile justice records for 
    purposes of establishing and implementing treatment plans for 
    juvenile offenders; and
        ``(28) provide assurances that juvenile offenders whose 
    placement is funded through section 472 of the Social Security Act 
    (42 U.S.C. 672) receive the protections specified in section 471 of 
    such Act (42 U.S.C. 671), including a case plan and case plan 
    review as defined in section 475 of such Act (42 U.S.C. 675).'',
        (2) by amending subsection (c) to read as follows:
    ``(c) If a State fails to comply with any of the applicable 
requirements of paragraphs (11), (12), (13), and (22) of subsection (a) 
in any fiscal year beginning after September 30, 2001, then--
        ``(1) subject to paragraph (2), the amount allocated to such 
    State under section 222 for the subsequent fiscal year shall be 
    reduced by not less than 20 percent for each such paragraph with 
    respect to which the failure occurs, and
        ``(2) the State shall be ineligible to receive any allocation 
    under such section for such fiscal year unless--
            ``(A) the State agrees to expend 50 percent of the amount 
        allocated to the State for such fiscal year to achieve 
        compliance with any such paragraph with respect to which the 
        State is in noncompliance; or
            ``(B) the Administrator determines that the State--
                ``(i) has achieved substantial compliance with such 
            applicable requirements with respect to which the State was 
            not in compliance; and
                ``(ii) has made, through appropriate executive or 
            legislative action, an unequivocal commitment to achieving 
            full compliance with such applicable requirements within a 
            reasonable time.'',
        (3) in subsection (d)--
            (A) by striking ``allotment'' and inserting ``allocation'', 
        and
            (B) by striking ``subsection (a) (12)(A), (13), (14) and 
        (23)'' each place it appears and inserting ``paragraphs (11), 
        (12), (13), and (22) of subsection (a)'', and
        (4) by adding at the end the following:
      ``(e) Notwithstanding any other provision of law, the 
Administrator shall establish appropriate administrative and 
supervisory board membership requirements for a State agency designated 
under subsection (a)(1) and permit the State advisory group appointed 
under subsection (a)(3) to operate as the supervisory board for such 
agency, at the discretion of the chief executive officer of the State.
    ``(f) Technical Assistance.--
        ``(1) In general.--The Administrator shall provide technical 
    and financial assistance to an eligible organization composed of 
    member representatives of the State advisory groups appointed under 
    subsection (a)(3) to assist such organization to carry out the 
    functions specified in paragraph (2).
        ``(2) Assistance.--To be eligible to receive such assistance, 
    such organization shall agree to carry out activities that 
    include--
            ``(A) conducting an annual conference of such member 
        representatives for purposes relating to the activities of such 
        State advisory groups;
            ``(B) disseminating information, data, standards, advanced 
        techniques, and program models;
            ``(C) reviewing Federal policies regarding juvenile justice 
        and delinquency prevention;
            ``(D) advising the Administrator with respect to particular 
        functions or aspects of the work of the Office; and
            ``(E) advising the President and Congress with regard to 
        State perspectives on the operation of the Office and Federal 
        legislation pertaining to juvenile justice and delinquency 
        prevention.''.

SEC. 12210. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended--
        (1) by striking parts C, D, E, F, G, and H,
        (2) by striking the 1st part I,
        (3) by redesignating the 2d part I as part F, and
        (4) by inserting after part B the following:

     ``PART C--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM

``SEC. 241. AUTHORITY TO MAKE GRANTS.

    ``(a) Grants to Eligible States.--The Administrator may make grants 
to eligible States, from funds allocated under section 242, for the 
purpose of providing financial assistance to eligible entities to carry 
out projects designed to prevent juvenile delinquency, including--
        ``(1) projects that provide treatment (including treatment for 
    mental health problems) to juvenile offenders, and juveniles who 
    are at risk of becoming juvenile offenders, who are victims of 
    child abuse or neglect or who have experienced violence in their 
    homes, at school, or in the community, and to their families, in 
    order to reduce the likelihood that such juveniles will commit 
    violations of law;
        ``(2) educational projects or supportive services for 
    delinquent or other juveniles--
            ``(A) to encourage juveniles to remain in elementary and 
        secondary schools or in alternative learning situations in 
        educational settings;
            ``(B) to provide services to assist juveniles in making the 
        transition to the world of work and self-sufficiency;
            ``(C) to assist in identifying learning difficulties 
        (including learning disabilities);
            ``(D) to prevent unwarranted and arbitrary suspensions and 
        expulsions;
            ``(E) to encourage new approaches and techniques with 
        respect to the prevention of school violence and vandalism;
            ``(F) which assist law enforcement personnel and juvenile 
        justice personnel to more effectively recognize and provide for 
        learning-disabled and other juveniles with disabilities;
            ``(G) which develop locally coordinated policies and 
        programs among education, juvenile justice, and social service 
        agencies; or
            ``(H) to provide services to juveniles with serious mental 
        and emotional disturbances (SED) in need of mental health 
        services;
        ``(3) projects which expand the use of probation officers--
            ``(A) particularly for the purpose of permitting nonviolent 
        juvenile offenders (including status offenders) to remain at 
        home with their families as an alternative to incarceration or 
        institutionalization; and
            ``(B) to ensure that juveniles follow the terms of their 
        probation;
        ``(4) counseling, training, and mentoring programs, which may 
    be in support of academic tutoring, vocational and technical 
    training, and drug and violence prevention counseling, that are 
    designed to link at-risk juveniles, juvenile offenders, or 
    juveniles who have a parent or legal guardian who is or was 
    incarcerated in a Federal, State, or local correctional facility or 
    who is otherwise under the jurisdiction of a Federal, State, or 
    local criminal justice system, particularly juveniles residing in 
    low-income and high-crime areas and juveniles experiencing 
    educational failure, with responsible individuals (such as law 
    enforcement officers, Department of Defense personnel, individuals 
    working with local businesses, and individuals working with 
    community-based and faith-based organizations and agencies) who are 
    properly screened and trained;
        ``(5) community-based projects and services (including literacy 
    and social service programs) which work with juvenile offenders and 
    juveniles who are at risk of becoming juvenile offenders, including 
    those from families with limited English-speaking proficiency, 
    their parents, their siblings, and other family members during and 
    after incarceration of the juvenile offenders, in order to 
    strengthen families, to allow juvenile offenders to be retained in 
    their homes, and to prevent the involvement of other juvenile 
    family members in delinquent activities;
        ``(6) projects designed to provide for the treatment (including 
    mental health services) of juveniles for dependence on or abuse of 
    alcohol, drugs, or other harmful substances;
        ``(7) projects which leverage funds to provide scholarships for 
    postsecondary education and training for low-income juveniles who 
    reside in neighborhoods with high rates of poverty, violence, and 
    drug-related crimes;
        ``(8) projects which provide for an initial intake screening of 
    each juvenile taken into custody--
            ``(A) to determine the likelihood that such juvenile will 
        commit a subsequent offense; and
            ``(B) to provide appropriate interventions (including 
        mental health services) to prevent such juvenile from 
        committing subsequent offenses;
        ``(9) projects (including school- or community-based projects) 
    that are designed to prevent, and reduce the rate of, the 
    participation of juveniles in gangs that commit crimes 
    (particularly violent crimes), that unlawfully use firearms and 
    other weapons, or that unlawfully traffic in drugs and that 
    involve, to the extent practicable, families and other community 
    members (including law enforcement personnel and members of the 
    business community) in the activities conducted under such 
    projects;
        ``(10) comprehensive juvenile justice and delinquency 
    prevention projects that meet the needs of juveniles through the 
    collaboration of the many local service systems juveniles 
    encounter, including schools, courts, law enforcement agencies, 
    child protection agencies, mental health agencies, welfare 
    services, health care agencies (including collaboration on 
    appropriate prenatal care for pregnant juvenile offenders), private 
    nonprofit agencies, and public recreation agencies offering 
    services to juveniles;
        ``(11) to develop, implement, and support, in conjunction with 
    public and private agencies, organizations, and businesses, 
    projects for the employment of juveniles and referral to job 
    training programs (including referral to Federal job training 
    programs);
        ``(12) delinquency prevention activities which involve youth 
    clubs, sports, recreation and parks, peer counseling and teaching, 
    the arts, leadership development, community service, volunteer 
    service, before- and after-school programs, violence prevention 
    activities, mediation skills training, camping, environmental 
    education, ethnic or cultural enrichment, tutoring, and academic 
    enrichment;
        ``(13) to establish policies and systems to incorporate 
    relevant child protective services records into juvenile justice 
    records for purposes of establishing treatment plans for juvenile 
    offenders;
        ``(14) programs that encourage social competencies, problem-
    solving skills, and communication skills, youth leadership, and 
    civic involvement;
        ``(15) programs that focus on the needs of young girls at-risk 
    of delinquency or status offenses;
        ``(16) projects which provide for--
            ``(A) an assessment by a qualified mental health 
        professional of incarcerated juveniles who are suspected to be 
        in need of mental health services;
            ``(B) the development of an individualized treatment plan 
        for those incarcerated juveniles determined to be in need of 
        such services;
            ``(C) the inclusion of a discharge plan for incarcerated 
        juveniles receiving mental health services that addresses 
        aftercare services; and
            ``(D) all juveniles receiving psychotropic medications to 
        be under the care of a licensed mental health professional;
        ``(17) after-school programs that provide at-risk juveniles and 
    juveniles in the juvenile justice system with a range of age-
    appropriate activities, including tutoring, mentoring, and other 
    educational and enrichment activities;
        ``(18) programs related to the establishment and maintenance of 
    a school violence hotline, based on a public-private partnership, 
    that students and parents can use to report suspicious, violent, or 
    threatening behavior to local school and law enforcement 
    authorities;
        ``(19) programs (excluding programs to purchase guns from 
    juveniles) designed to reduce the unlawful acquisition and illegal 
    use of guns by juveniles, including partnerships between law 
    enforcement agencies, health professionals, school officials, 
    firearms manufacturers, consumer groups, faith-based groups and 
    community organizations;
        ``(20) programs designed to prevent animal cruelty by juveniles 
    and to counsel juveniles who commit animal cruelty offenses, 
    including partnerships among law enforcement agencies, animal 
    control officers, social services agencies, and school officials;
        ``(21) programs that provide suicide prevention services for 
    incarcerated juveniles and for juveniles leaving the incarceration 
    system;
        ``(22) programs to establish partnerships between State 
    educational agencies and local educational agencies for the design 
    and implementation of character education and training programs 
    that reflect the values of parents, teachers, and local 
    communities, and incorporate elements of good character, including 
    honesty, citizenship, courage, justice, respect, personal 
    responsibility, and trustworthiness;
        ``(23) programs that foster strong character development in at-
    risk juveniles and juveniles in the juvenile justice system;
        ``(24) local programs that provide for immediate psychological 
    evaluation and follow-up treatment (including evaluation and 
    treatment during a mandatory holding period for not less than 24 
    hours) for juveniles who bring a gun on school grounds without 
    permission from appropriate school authorities; and
        ``(25) other activities that are likely to prevent juvenile 
    delinquency.
    ``(b) Grants to Eligible Indian Tribes.--The Administrator may make 
grants to eligible Indian tribes from funds allocated under section 
242(b), to carry out projects of the kinds described in subsection (a).

``SEC. 242. ALLOCATION.

    ``(a) Allocation Among Eligible States.--Subject to subsection (b), 
funds appropriated to carry out this part shall be allocated among 
eligible States proportionately based on the population that is less 
than 18 years of age in the eligible States.
    ``(b) Allocation Among Indian Tribes Collectively.--Before 
allocating funds under subsection (a) among eligible States, the 
Administrator shall allocate among eligible Indian tribes as determined 
under section 246(a), an aggregate amount equal to the amount such 
tribes would be allocated under subsection (a), and without regard to 
this subsection, if such tribes were treated collectively as an 
eligible State.

``SEC. 243. ELIGIBILITY OF STATES.

    ``(a) Application.--To be eligible to receive a grant under section 
241, a State shall submit to the Administrator an application that 
contains the following:
        ``(1) An assurance that the State will use--
            ``(A) not more than 5 percent of such grant, in the 
        aggregate, for--
                ``(i) the costs incurred by the State to carry out this 
            part; and
                ``(ii) to evaluate, and provide technical assistance 
            relating to, projects and activities carried out with funds 
            provided under this part; and
            ``(B) the remainder of such grant to make grants under 
        section 244.
        ``(2) An assurance that, and a detailed description of how, 
    such grant will supplement, and not supplant State and local 
    efforts to prevent juvenile delinquency.
        ``(3) An assurance that such application was prepared after 
    consultation with and participation by the State advisory group, 
    community-based organizations, and organizations in the local 
    juvenile justice system, that carry out programs, projects, or 
    activities to prevent juvenile delinquency.
        ``(4) An assurance that the State advisory group will be 
    afforded the opportunity to review and comment on all grant 
    applications submitted to the State agency.
        ``(5) An assurance that each eligible entity described in 
    section 244 that receives an initial grant under section 244 to 
    carry out a project or activity shall also receive an assurance 
    from the State that such entity will receive from the State, for 
    the subsequent fiscal year to carry out such project or activity, a 
    grant under such section in an amount that is proportional, based 
    on such initial grant and on the amount of the grant received under 
    section 241 by the State for such subsequent fiscal year, but that 
    does not exceed the amount specified for such subsequent fiscal 
    year in such application as approved by the State.
        ``(6) Such other information and assurances as the 
    Administrator may reasonably require by rule.
    ``(b) Approval of Applications.--
        ``(1) Approval required.--Subject to paragraph (2), the 
    Administrator shall approve an application, and amendments to such 
    application submitted in subsequent fiscal years, that satisfy the 
    requirements of subsection (a).
        ``(2) Limitation.--The Administrator may not approve such 
    application (including amendments to such application) for a fiscal 
    year unless--
            ``(A)(i) the State submitted a plan under section 223 for 
        such fiscal year; and
            ``(ii) such plan is approved by the Administrator for such 
        fiscal year; or
            ``(B) the Administrator waives the application of 
        subparagraph (A) to such State for such fiscal year, after 
        finding good cause for such a waiver.

``SEC. 244. GRANTS FOR LOCAL PROJECTS.

    ``(a) Grants by States.--Using a grant received under section 241, 
a State may make grants to eligible entities whose applications are 
received by the State, and reviewed by the State advisory group, to 
carry out projects and activities described in section 241.
    ``(b) Special Consideration.--For purposes of making grants under 
subsection (a), the State shall give special consideration to eligible 
entities that--
        ``(1) propose to carry out such projects in geographical areas 
    in which there is--
            ``(A) a disproportionately high level of serious crime 
        committed by juveniles; or
            ``(B) a recent rapid increase in the number of nonstatus 
        offenses committed by juveniles;
        ``(2)(A) agreed to carry out such projects or activities that 
    are multidisciplinary and involve more than 2 private nonprofit 
    agencies, organizations, and institutions that have experience 
    dealing with juveniles; or
        ``(B) represent communities that have a comprehensive plan 
    designed to identify at-risk juveniles and to prevent or reduce the 
    rate of juvenile delinquency, and that involve other entities 
    operated by individuals who have a demonstrated history of 
    involvement in activities designed to prevent juvenile delinquency; 
    and
        ``(3) the amount of resources (in cash or in kind) such 
    entities will provide to carry out such projects and activities.

``SEC. 245. ELIGIBILITY OF ENTITIES.

    ``(a) Eligibility.--Except as provided in subsection (b), to be 
eligible to receive a grant under section 244, a unit of general 
purpose local government, acting jointly with not fewer than 2 private 
nonprofit agencies, organizations, and institutions that have 
experience dealing with juveniles, shall submit to the State an 
application that contains the following:
        ``(1) An assurance that such applicant will use such grant, and 
    each such grant received for the subsequent fiscal year, to carry 
    out throughout a 2-year period a project or activity described in 
    reasonable detail, and of a kind described in one or more of 
    paragraphs (1) through (25) of section 241(a) as specified in, such 
    application.
        ``(2) A statement of the particular goals such project or 
    activity is designed to achieve, and the methods such entity will 
    use to achieve, and assess the achievement of, each of such goals.
        ``(3) A statement identifying the research (if any) such entity 
    relied on in preparing such application.
    ``(b) Limitation.--If an eligible entity that receives a grant 
under section 244 to carry out a project or activity for a 2-year 
period, and receives technical assistance from the State or the 
Administrator after requesting such technical assistance (if any), 
fails to demonstrate, before the expiration of such 2-year period, that 
such project or such activity has achieved substantial success in 
achieving the goals specified in the application submitted by such 
entity to receive such grants, then such entity shall not be eligible 
to receive any subsequent grant under such section to continue to carry 
out such project or activity.

``SEC. 246. GRANTS TO INDIAN TRIBES.

    ``(a) Eligibility.--
        ``(1) Application.--To be eligible to receive a grant under 
    section 241(b), an Indian tribe shall submit to the Administrator 
    an application in accordance with this section, in such form and 
    containing such information as the Administrator may require by 
    rule.
        ``(2) Plans.--Such application shall include a plan for 
    conducting programs, projects, and activities described in section 
    241(a), which plan shall--
            ``(A) provide evidence that the applicant Indian tribe 
        performs law enforcement functions (as determined by the 
        Secretary of the Interior);
            ``(B) identify the juvenile justice and delinquency 
        problems and juvenile delinquency prevention needs to be 
        addressed by activities conducted with funds provided by the 
        grant for which such application is submitted, by the Indian 
        tribe in the geographical area under the jurisdiction of the 
        Indian tribe;
            ``(C) provide for fiscal control and accounting procedures 
        that--
                ``(i) are necessary to ensure the prudent use, proper 
            disbursement, and accounting of grants received by 
            applicants under this section; and
                ``(ii) are consistent with the requirement specified in 
            subparagraph (B); and
            ``(D) comply with the requirements specified in section 
        223(a) (excluding any requirement relating to consultation with 
        a State advisory group) and with the requirements specified in 
        section 222(c); and
            ``(E) contain such other information, and be subject to 
        such additional requirements, as the Administrator may 
        reasonably require by rule to ensure the effectiveness of the 
        projects for which grants are made under section 241(b).
    ``(b) Factors for Consideration.--For the purpose of selecting 
eligible applicants to receive grants under section 241(b), the 
Administrator shall consider--
        ``(1) the resources that are available to each applicant Indian 
    tribe that will assist, and be coordinated with, the overall 
    juvenile justice system of the Indian tribe; and
        ``(2) with respect to each such applicant--
            ``(A) the juvenile population; and
            ``(B) the population and the entities that will be served 
        by projects proposed to be carried out with the grant for which 
        the application is submitted.
    ``(c) Grant Process.--
        ``(1) Selection of grant recipients.--
            ``(A) Selection Requirements.--Except as provided in 
        paragraph (2), the Administrator shall--
                ``(i) make grants under this section on a competitive 
            basis; and
                ``(ii) specify in writing to each applicant selected to 
            receive a grant under this section, the terms and 
            conditions on which such grant is made to such applicant.
            ``(B) Period of grant.--A grant made under this section 
        shall be available for expenditure during a 2-year period.
        ``(2) Exception.--If--
            ``(A) in the 2-year period for which a grant made under 
        this section shall be expended, the recipient of such grant 
        applies to receive a subsequent grant under this section; and
            ``(B) the Administrator determines that such recipient 
        performed during the year preceding the 2-year period for which 
        such recipient applies to receive such subsequent grant 
        satisfactorily and in accordance with the terms and conditions 
        applicable to the grant received;
    then the Administrator may waive the application of the 
    competition-based requirement specified in paragraph (1)(A)(i) and 
    may allow the applicant to incorporate by reference in the current 
    application the text of the plan contained in the recipient's most 
    recent application previously approved under this section.
        ``(3) Authority to modify application process for subsequent 
    grants.--The Administrator may modify by rule the operation of 
    subsection (a) with respect to the submission and contents of 
    applications for subsequent grants described in paragraph (2).
    ``(d) Reporting Requirement.--Each Indian tribe that receives a 
grant under this section shall be subject to the fiscal accountability 
provisions of section 5(f)(1) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to the 
submission of a single-agency audit report required by chapter 75 of 
title 31, United States Code.
    ``(e) Matching Requirement.--(1) Funds appropriated for the 
activities of any agency of an Indian tribal government or the Bureau 
of Indian Affairs performing law enforcement functions on any Indian 
lands may be used to provide the non-Federal share of any program or 
project with a matching requirement funded under this section.
    ``(2) Paragraph (1) shall not apply with respect to funds 
appropriated before the date of the enactment of the Juvenile Justice 
and Delinquency Prevention Act of 2002.
    ``(3) If the Administrator determines that an Indian tribe does not 
have sufficient funds available to meet the non-Federal share of the 
cost of any program or activity to be funded under the grant, the 
Administrator may increase the Federal share of the cost thereof to the 
extent the Administrator deems necessary.''.

SEC. 12211. RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part C, as 
added by section 12510, the following:

     ``PART D--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING

``SEC. 251. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION 
              DISSEMINATION.

    ``(a) Research and Evaluation.--(1) The Administrator may--
        ``(A) plan and identify the purposes and goals of all 
    agreements carried out with funds provided under this subsection; 
    and
        ``(B) conduct research or evaluation in juvenile justice 
    matters, for the purpose of providing research and evaluation 
    relating to--
            ``(i) the prevention, reduction, and control of juvenile 
        delinquency and serious crime committed by juveniles;
            ``(ii) the link between juvenile delinquency and the 
        incarceration of members of the families of juveniles;
            ``(iii) successful efforts to prevent first-time minor 
        offenders from committing subsequent involvement in serious 
        crime;
            ``(iv) successful efforts to prevent recidivism;
            ``(v) the juvenile justice system;
            ``(vi) juvenile violence;
            ``(vii) appropriate mental health services for juveniles 
        and youth at risk of participating in delinquent activities;
            ``(viii) reducing the proportion of juveniles detained or 
        confined in secure detention facilities, secure correctional 
        facilities, jails, and lockups who are members of minority 
        groups;
            ``(ix) evaluating services, treatment, and aftercare 
        placement of juveniles who were under the care of the State 
        child protection system before their placement in the juvenile 
        justice system;
            ``(x) determining--
                ``(I) the frequency, seriousness, and incidence of drug 
            use by youth in schools and communities in the States 
            using, if appropriate, data submitted by the States 
            pursuant to this subparagraph and subsection (b); and
                ``(II) the frequency, degree of harm, and morbidity of 
            violent incidents, particularly firearm-related injuries 
            and fatalities, by youth in schools and communities in the 
            States, including information with respect to--

                    ``(aa) the relationship between victims and 
                perpetrators;
                    ``(bb) demographic characteristics of victims and 
                perpetrators; and
                    ``(cc) the type of weapons used in incidents, as 
                classified in the Uniform Crime Reports of the Federal 
                Bureau of Investigation; and

            ``(xi) other purposes consistent with the purposes of this 
        title and title I.
    ``(2) The Administrator shall ensure that an equitable amount of 
funds available to carry out paragraph (1)(B) is used for research and 
evaluation relating to the prevention of juvenile delinquency.
    ``(3) Nothing in this subsection shall be construed to permit the 
development of a national database of personally identifiable 
information on individuals involved in studies, or in data-collection 
efforts, carried out under paragraph (1)(B)(x).
    ``(4) Not later than 1 year after the date of enactment of this 
paragraph,the Administrator shall conduct a study with respect to 
juveniles who, prior to placement in the juvenile justice system, were 
under the care or custody of the State child welfare system, and to 
juveniles who are unable to return to their family after completing 
their disposition in the juvenile justice system and who remain wards 
of the State. Such study shall include--
        ``(A) the number of juveniles in each category;
        ``(B) the extent to which State juvenile justice systems and 
    child welfare systems are coordinating services and treatment for 
    such juveniles;
        ``(C) the Federal and local sources of funds used for 
    placements and post-placement services;
        ``(D) barriers faced by State in providing services to these 
    juveniles;
        ``(E) the types of post-placement services used;
        ``(F) the frequency of case plans and case plan reviews; and
        ``(G) the extent to which case plans identify and address 
    permanency and placement barriers and treatment plans.
    ``(b) Statistical Analyses.--The Administrator may--
        ``(1) plan and identify the purposes and goals of all 
    agreements carried out with funds provided under this subsection; 
    and
        ``(2) undertake statistical work in juvenile justice matters, 
    for the purpose of providing for the collection, analysis, and 
    dissemination of statistical data and information relating to 
    juvenile delinquency and serious crimes committed by juveniles, to 
    the juvenile justice system, to juvenile violence, and to other 
    purposes consistent with the purposes of this title and title I.
    ``(c) Grant Authority and Competitive Selection Process.--The 
Administrator may make grants and enter into contracts with public or 
private agencies, organizations, or individuals and shall use a 
competitive process, established by rule by the Administrator, to carry 
out subsections (a) and (b).
    ``(d) Implementation of Agreements.--A Federal agency that makes an 
agreement under subsections (a)(1)(B) and (b)(2) with the Administrator 
may carry out such agreement directly or by making grants to or 
contracts with public and private agencies, institutions, and 
organizations.
    ``(e) Information Dissemination.--The Administrator may--
        ``(1) review reports and data relating to the juvenile justice 
    system in the United States and in foreign nations (as 
    appropriate), collect data and information from studies and 
    research into all aspects of juvenile delinquency (including the 
    causes, prevention, and treatment of juvenile delinquency) and 
    serious crimes committed by juveniles;
        ``(2) establish and operate, directly or by contract, a 
    clearinghouse and information center for the preparation, 
    publication, and dissemination of information relating to juvenile 
    delinquency, including State and local prevention and treatment 
    programs, plans, resources, and training and technical assistance 
    programs; and
        ``(3) make grants and contracts with public and private 
    agencies, institutions, and organizations, for the purpose of 
    disseminating information to representatives and personnel of 
    public and private agencies, including practitioners in juvenile 
    justice, law enforcement, the courts, corrections, schools, and 
    related services, in the establishment, implementation, and 
    operation of projects and activities for which financial assistance 
    is provided under this title.

``SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.

    ``(a) Training.--The Administrator may--
        ``(1) develop and carry out projects for the purpose of 
    training representatives and personnel of public and private 
    agencies, including practitioners in juvenile justice, law 
    enforcement, courts (including model juvenile and family courts), 
    corrections, schools, and related services, to carry out the 
    purposes specified in section 102; and
        ``(2) make grants to and contracts with public and private 
    agencies, institutions, and organizations for the purpose of 
    training representatives and personnel of public and private 
    agencies, including practitioners in juvenile justice, law 
    enforcement, courts (including model juvenile and family courts), 
    corrections, schools, and related services, to carry out the 
    purposes specified in section 102.
    ``(b) Technical Assistance.--The Administrator may--
        ``(1) develop and implement projects for the purpose of 
    providing technical assistance to representatives and personnel of 
    public and private agencies and organizations, including 
    practitioners in juvenile justice, law enforcement, courts 
    (including model juvenile and family courts), corrections, schools, 
    and related services, in the establishment, implementation, and 
    operation of programs, projects, and activities for which financial 
    assistance is provided under this title; and
        ``(2) make grants to and contracts with public and private 
    agencies, institutions, and organizations, for the purpose of 
    providing technical assistance to representatives and personnel of 
    public and private agencies, including practitioners in juvenile 
    justice, law enforcement, courts (including model juvenile and 
    family courts), corrections, schools, and related services, in the 
    establishment, implementation, and operation of programs, projects, 
    and activities for which financial assistance is provided under 
    this title.
    ``(c) Training and Technical Assistance to Mental Health 
Professionals and Law Enforcement Personnel.--The Administrator shall 
provide training and technical assistance to mental health 
professionals and law enforcement personnel (including public 
defenders, police officers, probation officers, judges, parole 
officials, and correctional officers) to address or to promote the 
development, testing, or demonstration of promising or innovative 
models (including model juvenile and family courts), programs, or 
delivery systems that address the needs of juveniles who are alleged or 
adjudicated delinquent and who, as a result of such status, are placed 
in secure detention or confinement or in nonsecure residential 
placements.''.

SEC. 12212. DEMONSTRATION PROJECTS.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part D, as 
added by section 12511, the following:

    ``PART E--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW 
                        INITIATIVES AND PROGRAMS

``SEC. 261. GRANTS AND PROJECTS.

    ``(a) Authority To Make Grants.--The Administrator may make grants 
to and contracts with States, units of general local government, Indian 
tribal governments, public and private agencies, organizations, and 
individuals, or combinations thereof, to carry out projects for the 
development, testing, and demonstration of promising initiatives and 
programs for the prevention, control, or reduction of juvenile 
delinquency. The Administrator shall ensure that, to the extent 
reasonable and practicable, such grants are made to achieve an 
equitable geographical distribution of such projects throughout the 
United States.
    ``(b) Use of Grants.--A grant made under subsection (a) may be used 
to pay all or part of the cost of the project for which such grant is 
made.

``SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.

    ``The Administrator may make grants to and contracts with public 
and private agencies, organizations, and individuals to provide 
technical assistance to States, units of general local government, 
Indian tribal governments, local private entities or agencies, or any 
combination thereof, to carry out the projects for which grants are 
made under section 261.

``SEC. 263. ELIGIBILITY.

    ``To be eligible to receive a grant made under this part, a public 
or private agency, Indian tribal government, organization, institution, 
individual, or combination thereof shall submit an application to the 
Administrator at such time, in such form, and containing such 
information as the Administrator may reasonably require by rule.

``SEC. 264. REPORTS.

    ``Recipients of grants made under this part shall submit to the 
Administrator such reports as may be reasonably requested by the 
Administrator to describe progress achieved in carrying out the 
projects for which such grants are made.''.

SEC. 12213. AUTHORIZATION OF APPROPRIATIONS.

    Section 299 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5671) is amended--
        (1) by striking subsection (e), and
        (2) by striking subsections (a), (b), and (c), and inserting 
    the following:
    ``(a) Authorization of Appropriations for Title II (Excluding Parts 
C and E).--(1) There are authorized to be appropriated to carry out 
this title such sums as may be appropriate for fiscal years 2003, 2004, 
2005, 2006, and 2007.
    ``(2) Of such sums as are appropriated for a fiscal year to carry 
out this title (other than parts C and E)--
        ``(A) not more than 5 percent shall be available to carry out 
    part A;
        ``(B) not less than 80 percent shall be available to carry out 
    part B; and
        ``(C) not more than 15 percent shall be available to carry out 
    part D.
    ``(b) Authorization of Appropriations for Part C.--There are 
authorized to be appropriated to carry out part C such sums as may be 
necessary for fiscal years 2003, 2004, 2005, 2006, and 2007.
    ``(c) Authorization of Appropriations for Part E.--There are 
authorized to be appropriated to carry out part E, and authorized to 
remain available until expended, such sums as may be necessary for 
fiscal years 2003, 2004, 2005, 2006, and 2007.''.

SEC. 12214. ADMINISTRATIVE AUTHORITY.

    Section 299A of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5672) is amended--
        (1) in subsection (d) by striking ``as are consistent with the 
    purpose of this Act'' and inserting ``only to the extent necessary 
    to ensure that there is compliance with the specific requirements 
    of this title or to respond to requests for clarification and 
    guidance relating to such compliance'', and
        (2) by adding at the end the following:
    ``(e) If a State requires by law compliance with the requirements 
described in paragraphs (11), (12), and (13) of section 223(a), then 
for the period such law is in effect in such State such State shall be 
rebuttably presumed to satisfy such requirements.''.

SEC. 12215. USE OF FUNDS.

    Section 299C(c) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5674(c)) is amended to read as follows:
    ``(c) No funds may be paid under this title to a residential 
program (excluding a program in a private residence) unless--
        ``(1) there is in effect in the State in which such placement 
    or care is provided, a requirement that the provider of such 
    placement or such care may be licensed only after satisfying, at a 
    minimum, explicit standards of discipline that prohibit neglect, 
    and physical and mental abuse, as defined by State law;
        ``(2) such provider is licensed as described in paragraph (1) 
    by the State in which such placement or care is provided; and
        ``(3) in a case involving a provider located in a State that is 
    different from the State where the order for placement originates, 
    the chief administrative officer of the public agency or the 
    officer of the court placing the juvenile certifies that such 
    provider--
            ``(A) satisfies the originating State's explicit licensing 
        standards of discipline that prohibit neglect, physical and 
        mental abuse, and standards for education and health care as 
        defined by that State's law; and
            ``(B) otherwise complies with the Interstate Compact on the 
        Placement of Children as entered into by such other State.''.

SEC. 12216. LIMITATIONS ON USE OF FUNDS.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 12510, is amended adding at the end the following:

``SEC. 299F. LIMITATIONS ON USE OF FUNDS.

    ``None of the funds made available to carry out this title may be 
used to advocate for, or support, the unsecured release of juveniles 
who are charged with a violent crime.''.

SEC. 12217. RULES OF CONSTRUCTION.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 12510 and amended by section 12516, is amended adding at the 
end the following:

``SEC. 299G. RULES OF CONSTRUCTION.

    ``Nothing in this title or title I shall be construed--
        ``(1) to prevent financial assistance from being awarded 
    through grants under this title to any otherwise eligible 
    organization; or
        ``(2) to modify or affect any Federal or State law relating to 
    collective bargaining rights of employees.''.

SEC. 12218. LEASING SURPLUS FEDERAL PROPERTY.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 12510 and amended by sections 12516 and 12517, is amended 
adding at the end the following:

``SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.

    ``The Administrator may receive surplus Federal property (including 
facilities) and may lease such property to States and units of general 
local government for use in or as facilities for juvenile offenders, or 
for use in or as facilities for delinquency prevention and treatment 
activities.''.

SEC. 12219. ISSUANCE OF RULES.

    Part F of title II or the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 12510 and amended by sections 12516, 12517, and 12518, is 
amended adding at the end the following:

``SEC. 299I. ISSUANCE OF RULES.

    ``The Administrator shall issue rules to carry out this title, 
including rules that establish procedures and methods for making grants 
and contracts, and distributing funds available, to carry out this 
title.''.

SEC. 12220. CONTENT OF MATERIALS.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 12510 and amended by sections 12516, 12517, 12518, and 12519, 
is amended by adding at the end the following:

``SEC. 299J. CONTENT OF MATERIALS.

    ``Materials produced, procured, or distributed both using funds 
appropriated to carry out this Act and for the purpose of preventing 
hate crimes that result in acts of physical violence, shall not 
recommend or require any action that abridges or infringes upon the 
constitutionally protected rights of free speech, religion, or equal 
protection of juveniles or of their parents or legal guardians.''.

SEC. 12221. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Technical Amendments.--The Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended--
        (1) in section 202(b) by striking ``prescribed for GS-18 of the 
    General Schedule by section 5332'' and inserting ``payable under 
    section 5376'',
        (2) in section 221(b)(2) by striking the last sentence,
        (3) in section 299D by striking subsection (d), and
        (4) by striking title IV, as originally enacted by Public Law 
    93-415 (88 Stat. 1132-1143).
    (b) Conforming Amendments.--(1) The Victims of Child Abuse Act of 
1990 (42 U.S.C. 13001 et seq.) is amended--
        (A) in section 214(b)(1) by striking ``262, 293, and 296 of 
    subpart II of title II'' and inserting ``299B and 299E'',
        (B) in section 214A(c)(1) by striking ``262, 293, and 296 of 
    subpart II of title II'' and inserting ``299B and 299E'',
        (C) in section 217(c)(1) by striking ``sections 262, 293, and 
    296 of subpart II of title II'' and inserting ``sections 299B and 
    299E'', and
        (D) in section 223(c) by striking ``section 262, 293, and 296'' 
    and inserting ``sections 262, 299B, and 299E''.
    (2) Section 404(a)(5)(E) of the Missing Children's Assistance Act 
(42 U.S.C. 5773) is amended by striking ``section 313'' and inserting 
``section 331''.

SEC. 12222. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS.

    (a) Amendment.--Title V of the of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5781-5785), as added by 
Public Law 102-586, is amended to read as follows:

 ``TITLE V--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

``SEC. 501. SHORT TITLE.

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

``SEC. 502. DEFINITION.

    ``In this title, the term `State advisory group' means the advisory 
group appointed by the chief executive officer of a State under a plan 
described in section 223(a).

``SEC. 503. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.

    ``The Administrator shall--
        ``(1) issue such rules as are necessary or appropriate to carry 
    out this title;
        ``(2) make such arrangements as are necessary and appropriate 
    to facilitate coordination and policy development among all 
    activities funded through the Department of Justice relating to 
    delinquency prevention (including the preparation of an annual 
    comprehensive plan for facilitating such coordination and policy 
    development);
        ``(3) provide adequate staff and resources necessary to 
    properly carry out this title; and
        ``(4) not later than 180 days after the end of each fiscal 
    year, submit a report to the chairman of the Committee on Education 
    and the Workforce of the House of Representatives and the chairman 
    of the Committee on the Judiciary of the Senate--
            ``(A) describing activities and accomplishments of grant 
        activities funded under this title;
            ``(B) describing procedures followed to disseminate grant 
        activity products and research findings;
            ``(C) describing activities conducted to develop policy and 
        to coordinate Federal agency and interagency efforts related to 
        delinquency prevention; and
            ``(D) identifying successful approaches and making 
        recommendations for future activities to be conducted under 
        this title.

``SEC. 504. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.

    ``(a) Purposes.--The Administrator may make grants to a State, to 
be transmitted through the State advisory group to units of local 
government that meet the requirements of subsection (b), for 
delinquency prevention programs and activities for juveniles who have 
had contact with the juvenile justice system or who are likely to have 
contact with the juvenile justice system, including the provision to 
juveniles and their families of--
        ``(1) alcohol and substance abuse prevention services;
        ``(2) tutoring and remedial education, especially in reading 
    and mathematics;
        ``(3) child and adolescent health and mental health services;
        ``(4) recreation services;
        ``(5) leadership and youth development activities;
        ``(6) the teaching that people are and should be held 
    accountable for their actions;
        ``(7) assistance in the development of job training skills; and
        ``(8) other data-driven evidence based prevention programs.
    ``(b) Eligibility.--The requirements of this subsection are met 
with respect to a unit of general local government if--
        ``(1) the unit is in compliance with the requirements of part B 
    of title II;
        ``(2) the unit has submitted to the State advisory group a 
    minimum 3-year comprehensive plan outlining the unit's local front 
    end plans for investment for delinquency prevention and early 
    intervention activities;
        ``(3) the unit has included in its application to the 
    Administrator for formula grant funds a summary of the minimum 3-
    year comprehensive plan described in paragraph (2);
        ``(4) pursuant to its minimum 3-year comprehensive plan, the 
    unit has appointed a local policy board of not fewer than 15 and 
    not more than 21 members, with balanced representation of public 
    agencies and private nonprofit organizations serving juveniles, 
    their families, and business and industry;
        ``(5) the unit has, in order to aid in the prevention of 
    delinquency, included in its application a plan for the 
    coordination of services to at-risk juveniles and their families, 
    including such programs as nutrition, energy assistance, and 
    housing;
        ``(6) the local policy board is empowered to make all 
    recommendations for distribution of funds and evaluation of 
    activities funded under this title; and
        ``(7) the unit or State has agreed to provide a 50 percent 
    match of the amount of the grant, including the value of in-kind 
    contributions, to fund the activity.
    ``(c) Priority.--In considering grant applications under this 
section, the Administrator shall give priority to applicants that 
demonstrate ability in--
        ``(1) plans for service and agency coordination and 
    collaboration including the colocation of services;
        ``(2) innovative ways to involve the private nonprofit and 
    business sector in delinquency prevention activities;
        ``(3) developing or enhancing a statewide subsidy program to 
    local governments that is dedicated to early intervention and 
    delinquency prevention;
        ``(4) coordinating and collaborating with programs established 
    in local communities for delinquency prevention under part C of 
    this subtitle; and
        ``(5) developing data-driven prevention plans, employing 
    evidence-based prevention strategies, and conducting program 
    evaluations to determine impact and effectiveness.

``SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
such sums as may be necessary for fiscal years 2004, 2005, 2006, 2007, 
and 2008.''.
    (b) Effective Date; Application of Amendment.--The amendment made 
by subsection (a) shall take effect on October 1, 2002, and shall not 
apply with respect to grants made before such date.

SEC. 12223. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this 
subtitle and the amendments made by this subtitle shall take effect on 
the date of the enactment of this Act.
    (b) Application of Amendments.--The amendments made by this Act 
shall apply only with respect to fiscal years beginning after September 
30, 2002.

                Subtitle C--Juvenile Disposition Hearing

SEC. 12301. JUVENILE DISPOSITION HEARING.

    Section 5037 of title 18, United States Code, is amended--
        (1) in subsection (a)--
            (A) in the second sentence--
                (i) by striking ``enter an order of restitution 
            pursuant to section 3556,''; and
                (ii) by inserting after ``official detention'' the 
            following: ``which may include a term of juvenile 
            delinquent supervision to follow detention''; and
            (B) by inserting after the second sentence the following: 
        ``In addition, the court may enter an order of restitution 
        pursuant to section 3556.'';
        (2) in subsection (b)--
            (A) by striking the last sentence; and
            (B) by adding at the end the following:
``The provisions dealing with probation set forth in sections 3563 and 
3564 are applicable to an order placing a juvenile on probation. If the 
juvenile violates a condition of probation at any time prior to the 
expiration or termination of the term of probation, the court may, 
after a dispositional hearing and after considering any pertinent 
policy statements promulgated by the Sentencing Commission pursuant to 
section 994 of title 28, revoke the term of probation and order a term 
of official detention. The term of official detention authorized upon 
revocation of probation shall not exceed the terms authorized in 
section 5037(c)(2) (A) and (B). The application of sections 5037(c)(2) 
(A) and (B) shall be determined based upon the age of the juvenile at 
the time of the disposition of the revocation proceeding. If a juvenile 
is over the age of 21 years old at the time of the revocation 
proceeding, the mandatory revocation provisions of section 3565(b) are 
applicable. A disposition of a juvenile who is over the age of 21 years 
shall be in accordance with the provisions of section 5037(c)(2), 
except that in the case of a juvenile who if convicted as an adult 
would be convicted of a Class A, B, or C felony, no term of official 
detention may continue beyond the juvenile's 26th birthday, and in any 
other case, no term of official detention may continue beyond the 
juvenile's 24th birthday. A term of official detention may include a 
term of juvenile delinquent supervision.'';
        (3) in subsection (c)(1)--
            (A) in subparagraph (A), by striking ``or'';
            (B) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (C) by inserting after subparagraph (A) the following:
            ``(B) the maximum of the guideline range, pursuant to 
        section 994 of title 28, applicable to an otherwise similarly 
        situated adult defendant unless the court finds an aggravating 
        factor to warrant an upward departure from the otherwise 
        applicable guideline range; or'';
        (4) in subsection (c)(2)(A), by striking ``five years; or'' and 
    inserting: ``the lesser of--
                ``(i) five years; or
                ``(ii) the maximum of the guideline range, pursuant to 
            section 994 of title 28, applicable to an otherwise 
            similarly situated adult defendant unless the court finds 
            an aggravating factor to warrant an upward departure from 
            the otherwise applicable guideline range; or'';
        (5) in subsection (c)(2)(B)--
            (A) in clause (i), by striking ``or'';
            (B) by redesignating clause (ii) as clause (iii); and
            (C) by inserting after clause (i) the following:
                ``(ii) the maximum of the guideline range, pursuant to 
            section 994 of title 28, applicable to an otherwise 
            similarly situated adult defendant unless the court finds 
            an aggravating factor to warrant an upward departure from 
            the otherwise applicable guideline range; or'';
        (6) by redesignating subsection (d) as subsection (e); and
        (7) by inserting after subsection (c) the following:
    ``(d)(1) The court, in ordering a term of official detention, may 
include the requirement that the juvenile be placed on a term of 
juvenile delinquent supervision after official detention.
    ``(2) The term of juvenile delinquent supervision that may be 
ordered for a juvenile found to be a juvenile delinquent may not 
extend--
        ``(A) in the case of a juvenile who is less than 18 years old, 
    a term that extends beyond the date when the juvenile becomes 21 
    years old; or
        ``(B) in the case of a juvenile who is between 18 and 21 years 
    old, a term that extends beyond the maximum term of official 
    detention set forth in section 5037(c)(2) (A) and (B), less the 
    term of official detention ordered.
    ``(3) The provisions dealing with probation set forth in sections 
3563 and 3564 are applicable to an order placing a juvenile on juvenile 
delinquent supervision.
    ``(4) The court may modify, reduce, or enlarge the conditions of 
juvenile delinquent supervision at any time prior to the expiration or 
termination of the term of supervision after a dispositional hearing 
and after consideration of the provisions of section 3563 regarding the 
initial setting of the conditions of probation.
    ``(5) If the juvenile violates a condition of juvenile delinquent 
supervision at any time prior to the expiration or termination of the 
term of supervision, the court may, after a dispositional hearing and 
after considering any pertinent policy statements promulgated by the 
Sentencing Commission pursuant to section 994 of title 18, revoke the 
term of supervision and order a term of official detention. The term of 
official detention which is authorized upon revocation of juvenile 
delinquent supervision shall not exceed the term authorized in section 
5037(c)(2) (A) and (B), less any term of official detention previously 
ordered. The application of sections 5037(c)(2) (A) and (B) shall be 
determined based upon the age of the juvenile at the time of the 
disposition of the revocation proceeding. If a juvenile is over the age 
of 21 years old at the time of the revocation proceeding, the mandatory 
revocation provisions of section 3565(b) are applicable. A disposition 
of a juvenile who is over the age of 21 years old shall be in 
accordance with the provisions of section 5037(c)(2), except that in 
the case of a juvenile who if convicted as an adult would be convicted 
of a Class A, B, or C felony, no term of official detention may 
continue beyond the juvenile's 26th birthday, and in any other case, no 
term of official detention may continue beyond the juvenile's 24th 
birthday.
    ``(6) When a term of juvenile delinquent supervision is revoked and 
the juvenile is committed to official detention, the court may include 
a requirement that the juvenile be placed on a term of juvenile 
delinquent supervision. Any term of juvenile delinquent supervision 
ordered following revocation for a juvenile who is over the age of 21 
years old at the time of the revocation proceeding shall be in 
accordance with the provisions of section 5037(d)(1), except that in 
the case of a juvenile who if convicted as an adult would be convicted 
of a Class A, B, or C felony, no term of juvenile delinquent 
supervision may continue beyond the juvenile's 26th birthday, and in 
any other case, no term of juvenile delinquent supervision may continue 
beyond the juvenile's 24th birthday.''.

                    TITLE III--INTELLECTUAL PROPERTY
         Subtitle A--Patent and Trademark Office Authorization

SEC. 13101. SHORT TITLE.

    This subtitle may be cited as the ``Patent and Trademark Office 
Authorization Act of 2002''.

SEC. 13102. AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT AND 
              TRADEMARK OFFICE.

    (a) In General.--There are authorized to be appropriated to the 
United States Patent and Trademark Office for salaries and necessary 
expenses for each of the fiscal years 2003 through 2008 an amount equal 
to the fees estimated by the Secretary of Commerce to be collected in 
each such fiscal year, respectively, under--
        (1) title 35, United States Code; and
        (2) the Act entitled ``An Act to provide for the registration 
    and protection of trademarks used in commerce, to carry out the 
    provisions of certain international conventions, and for other 
    purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.) 
    (commonly referred to as the Trademark Act of 1946).
    (b) Estimates.--Not later than February 15, of each fiscal year, 
the Undersecretary of Commerce for Intellectual Property and the 
Director of the Patent and Trademark Office (in this subtitle referred 
to as the Director) shall submit an estimate of all fees referred to 
under subsection (a) to be collected in the next fiscal year to the 
chairman and ranking member of--
        (1) the Committees on Appropriations and Judiciary of the 
    Senate; and
        (2) the Committees on Appropriations and Judiciary of the House 
    of Representatives.

SEC. 13103. ELECTRONIC FILING AND PROCESSING OF PATENT AND TRADEMARK 
              APPLICATIONS.

    (a) Electronic Filing and Processing.--The Director shall, 
beginning not later than 90 days after the date of enactment of this 
Act, and during the 3-year period thereafter, develop an electronic 
system for the filing and processing of patent and trademark 
applications, that--
        (1) is user friendly; and
        (2) includes the necessary infrastructure--
            (A) to allow examiners and applicants to send all 
        communications electronically; and
            (B) to allow the Office to process, maintain, and search 
        electronically the contents and history of each application.
    (b) Authorization of Appropriations.--Of amounts authorized under 
section 13102, there is authorized to be appropriated to carry out 
subsection (a) of this section not more than $50,000,000 for each of 
fiscal years 2003, 2004, and 2005. Amounts made available pursuant to 
this subsection shall remain available until expended.

SEC. 13104. STRATEGIC PLAN.

    (a) Development of Plan.--
        (1) In general.--The Director shall, in close consultation with 
    the Patent Public Advisory Committee and the Trademark Public 
    Advisory Committee, develop a strategic plan that sets forth the 
    goals and methods by which the United States Patent and Trademark 
    Office will, during the 5-year period beginning on January 1, 
    2003--
            (A) enhance patent and trademark quality;
            (B) reduce patent and trademark pendency; and
            (C) develop and implement an effective electronic system 
        for use by the Patent and Trademark Office and the public for 
        all aspects of the patent and trademark processes, including, 
        in addition to the elements set forth in section 13103, 
        searching, examining, communicating, publishing, and making 
        publicly available, patents and trademark registrations.
        (2) Contents and consultation.--The strategic plan shall 
    include milestones and objective and meaningful criteria for 
    evaluating the progress and successful achievement of the plan. The 
    Director shall consult with the Public Advisory Committees with 
    respect to the development of each aspect of the strategic plan.
    (b) Report to Congressional Committees.--Not later than 4 months 
after the date of enactment of this Act, the Director shall submit the 
plan developed under subsection (a) to the Committees on the Judiciary 
of the Senate and the House of Representatives.

SEC. 13105. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF PATENTABILITY 
              IN REEXAMINATION PROCEEDINGS.

    (a) In General.--Sections 303(a) and 312(a) of title 35, United 
States Code, are each amended by adding at the end the following: ``The 
existence of a substantial new question of patentability is not 
precluded by the fact that a patent or printed publication was 
previously cited by or to the Office or considered by the Office.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to any determination of the Director of the United 
States Patent and Trademark Office that is made under section 303(a) or 
312(a) of title 35, United States Code, on or after the date of 
enactment of this Act.

SEC. 13106. APPEALS IN INTER PARTES REEXAMINATION PROCEEDINGS.

    (a) Appeals by Third-Party Requester in Proceedings.--Section 
315(b) of title 35, United States Code, is amended to read as follows:
    ``(b) Third-Party Requester.--A third-party requester--
        ``(1) may appeal under the provisions of section 134, and may 
    appeal under the provisions of sections 141 through 144, with 
    respect to any final decision favorable to the patentability of any 
    original or proposed amended or new claim of the patent; and
        ``(2) may, subject to subsection (c), be a party to any appeal 
    taken by the patent owner under the provisions of section 134 or 
    sections 141 through 144.''.
    (b) Appeal to Board of Patent Appeals and Interferences.--Section 
134(c) of title 35, United States Code, is amended by striking the last 
sentence.
    (c) Appeal to Court of Appeals for the Federal Circuit.--Section 
141 of title 35, United States Code, is amended in the third sentence 
by inserting ``, or a third-party requester in an inter partes 
reexamination proceeding, who is'' after ``patent owner''.
    (d) Effective Date.--The amendments made by this section apply with 
respect to any reexamination proceeding commenced on or after the date 
of enactment of this Act.

    Subtitle B--Intellectual Property and High Technology Technical 
                               Amendments

SEC. 13201. SHORT TITLE.

    This subtitle may be cited as the ``Intellectual Property and High 
Technology Technical Amendments Act of 2002''.

SEC. 13202. CLARIFICATION OF REEXAMINATION PROCEDURE ACT OF 1999; 
              TECHNICAL AMENDMENTS.

    (a) Optional Inter Partes Reexamination Procedures.--Title 35, 
United States Code, is amended as follows:
        (1) Section 311 is amended--
            (A) in subsection (a), by striking ``person'' and inserting 
        ``third-party requester''; and
            (B) in subsection (c), by striking ``Unless the requesting 
        person is the owner of the patent, the'' and inserting ``The''.
        (2) Section 312 is amended--
            (A) in subsection (a), by striking the second sentence; and
            (B) in subsection (b), by striking ``, if any''.
        (3) Section 314(b)(1) is amended--
            (A) by striking ``(1) This'' and all that follows through 
        ``(2)'' and inserting ``(1)'';
            (B) by striking ``the third-party requester shall receive a 
        copy'' and inserting ``the Office shall send to the third-party 
        requester a copy''; and
            (C) by redesignating paragraph (3) as paragraph (2).
        (4) Section 315(c) is amended by striking ``United States 
    Code,''.
        (5) Section 317 is amended--
            (A) in subsection (a), by striking ``patent owner nor the 
        third-party requester, if any, nor privies of either'' and 
        inserting ``third-party requester nor its privies''; and
            (B) in subsection (b), by striking ``United States Code,''.
    (b) Conforming Amendments.--
        (1) Appeal to the board of patent appeals and interferences.--
    Subsections (a), (b), and (c) of section 134 of title 35, United 
    States Code, are each amended by striking ``administrative patent 
    judge'' each place it appears and inserting ``primary examiner''.
        (2) Proceeding on appeal.--Section 143 of title 35, United 
    States Code, is amended by amending the third sentence to read as 
    follows: ``In an ex parte case or any reexamination case, the 
    Director shall submit to the court in writing the grounds for the 
    decision of the Patent and Trademark Office, addressing all the 
    issues involved in the appeal. The court shall, before hearing an 
    appeal, give notice of the time and place of the hearing to the 
    Director and the parties in the appeal.''.
    (c) Clerical Amendments.--
        (1) Section 4604(a) of the Intellectual Property and 
    Communications Omnibus Reform Act of 1999, as enacted by section 
    1000(a)(9) of Public Law 106-113, is amended by striking ``Part 3'' 
    and inserting ``Part III''.
        (2) Section 4604(b) of that Act is amended by striking ``title 
    25'' and inserting ``title 35''.
    (d) Effective Date.--The amendments made by section 4605 (b), (c), 
and (e) of the Intellectual Property and Communications Omnibus Reform 
Act, as enacted by section 1000(a)(9) of Public Law 106-113, shall 
apply to any reexamination filed in the United States Patent and 
Trademark Office on or after the date of enactment of Public Law 106-
113.

SEC. 13203. PATENT AND TRADEMARK EFFICIENCY ACT AMENDMENTS.

    (a) Deputy Commissioner.--
        (1) Section 17(b) of the Act of July 5, 1946 (commonly referred 
    to as the ``Trademark Act of 1946'') (15 U.S.C. 1067(b)), is 
    amended by inserting ``the Deputy Commissioner,'' after 
    ``Commissioner,''.
        (2) Section 6(a) of title 35, United States Code, is amended by 
    inserting ``the Deputy Commissioner,'' after ``Commissioner,''.
    (b) Public Advisory Committees.--Section 5 of title 35, United 
States Code, is amended--
        (1) in subsection (i), by inserting ``, privileged,'' after 
    ``personnel''; and
        (2) by adding at the end the following new subsection:
    ``(j) Inapplicability of Patent Prohibition.--Section 4 shall not 
apply to voting members of the Advisory Committees.''.
    (c) Miscellaneous.--Section 153 of title 35, United States Code, is 
amended by striking ``and attested by an officer of the Patent and 
Trademark Office designated by the Director,''.

SEC. 13204. DOMESTIC PUBLICATION OF FOREIGN FILED PATENT APPLICATIONS 
              ACT OF 1999 AMENDMENTS.

    Section 154(d)(4)(A) of title 35, United States Code, as in effect 
on November 29, 2000, is amended--
        (1) by striking ``on which the Patent and Trademark Office 
    receives a copy of the'' and inserting ``of''; and
        (2) by striking ``international application'' the last place it 
    appears and inserting ``publication''.

SEC. 13205. DOMESTIC PUBLICATION OF PATENT APPLICATIONS PUBLISHED 
              ABROAD.

    Subtitle E of title IV of the Intellectual Property and 
Communications Omnibus Reform Act of 1999, as enacted by section 
1000(a)(9) of Public Law 106-113, is amended as follows:
        (1) Section 4505 is amended to read as follows:

``SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.

    ``Section 102(e) of title 35, United States Code, is amended to 
read as follows:
    ```(e) the invention was described in (1) an application for 
patent, published under section 122(b), by another filed in the United 
States before the invention by the applicant for patent or (2) a patent 
granted on an application for patent by another filed in the United 
States before the invention by the applicant for patent, except that an 
international application filed under the treaty defined in section 
351(a) shall have the effects for the purposes of this subsection of an 
application filed in the United States only if the international 
application designated the United States and was published under 
Article 21(2) of such treaty in the English language; or'.''.
        (2) Section 4507 is amended--
            (A) in paragraph (1), by striking ``Section 11'' and 
        inserting ``Section 10'';
            (B) in paragraph (2), by striking ``Section 12'' and 
        inserting ``Section 11''.
            (C) in paragraph (3), by striking ``Section 13'' and 
        inserting ``Section 12'';
            (D) in paragraph (4), by striking ``12 and 13'' and 
        inserting ``11 and 12'';
            (E) in section 374 of title 35, United States Code, as 
        amended by paragraph (10), by striking ``confer the same rights 
        and shall have the same effect under this title as an 
        application for patent published'' and inserting ``be deemed a 
        publication''; and
            (F) by adding at the end the following:
        ``(12) The item relating to section 374 in the table of 
    contents for chapter 37 of title 35, United States Code, is amended 
    to read as follows:

```374. Publication of international application.'''.

        (3) Section 4508 is amended to read as follows:

``SEC. 4508. EFFECTIVE DATE.

    ``Except as otherwise provided in this section, sections 4502 
through 4504 and 4506 through 4507, and the amendments made by such 
sections, shall be effective as of November 29, 2000, and shall apply 
only to applications (including international applications designating 
the United States) filed on or after that date. The amendments made by 
section 4504 shall additionally apply to any pending application filed 
before November 29, 2000, if such pending application is published 
pursuant to a request of the applicant under such procedures as may be 
established by the Director. Except as otherwise provided in this 
section, the amendments made by section 4505 shall be effective as of 
November 29, 2000 and shall apply to all patents and all applications 
for patents pending on or filed after November 29, 2000. Patents 
resulting from an international application filed before November 29, 
2000 and applications published pursuant to section 122(b) or Article 
21(2) of the treaty defined in section 351(a) resulting from an 
international application filed before November 29, 2000 shall not be 
effective as prior art as of the filing date of the international 
application; however, such patents shall be effective as prior art in 
accordance with section 102(e) in effect on November 28, 2000.''.

SEC. 13206. MISCELLANEOUS CLERICAL AMENDMENTS.

    (a) Amendments to Title 35.--The following provisions of title 35, 
United States Code, are amended:
        (1) Section 2(b) is amended in paragraphs (2)(B) and (4)(B), by 
    striking ``, United States Code''.
        (2) Section 3 is amended--
            (A) in subsection (a)(2)(B), by striking ``United States 
        Code,'';
            (B) in subsection (b)(2)--
                (i) in the first sentence of subparagraph (A), by 
            striking ``, United States Code'';
                (ii) in the first sentence of subparagraph (B)--

                    (I) by striking ``United States Code,''; and
                    (II) by striking ``, United States Code'';

                (iii) in the second sentence of subparagraph (B)--

                    (I) by striking ``United States Code,''; and
                    (II) by striking ``, United States Code.'' and 
                inserting a period;

                (iv) in the last sentence of subparagraph (B), by 
            striking ``, United States Code''; and
                (v) in subparagraph (C), by striking ``, United States 
            Code''; and
            (C) in subsection (c)--
                (i) in the subsection caption, by striking ``, United 
            States Code''; and
                (ii) by striking ``United States Code,''.
        (3) Section 5 is amended in subsections (e) and (g), by 
    striking ``, United States Code'' each place it appears.
        (4) The table of chapters for part I is amended in the item 
    relating to chapter 3, by striking ``before'' and inserting 
    ``Before''.
        (5) The item relating to section 21 in the table of contents 
    for chapter 2 is amended to read as follows:

``21. Filing date and day for taking action.''.

        (6) The item relating to chapter 12 in the table of chapters 
    for part II is amended to read as follows:

``12. Examination of Application..................................131''.

        (7) The item relating to section 116 in the table of contents 
    for chapter 11 is amended to read as follows:

``116. Inventors.''.

        (8) Section 154(b)(4) is amended by striking ``, United States 
    Code,''.
        (9) Section 156 is amended--
            (A) in subsection (b)(3)(B), by striking ``paragraphs'' and 
        inserting ``paragraph'';
            (B) in subsection (d)(2)(B)(i), by striking ``below the 
        office'' and inserting ``below the Office''; and
            (C) in subsection (g)(6)(B)(iii), by striking 
        ``submittted'' and inserting ``submitted''.
        (10) The item relating to section 183 in the table of contents 
    for chapter 17 is amended by striking ``of'' and inserting ``to''.
        (11) Section 185 is amended by striking the second period at 
    the end of the section.
        (12) Section 201(a) is amended--
            (A) by striking ``United States Code,''; and
            (B) by striking ``5, United States Code.'' and inserting 
        ``5.''.
        (13) Section 202 is amended--
            (A) in subsection (b)(4), by striking ``last paragraph of 
        section 203(2)'' and inserting ``section 203(b)''; and
            (B) in subsection (c)--
                (i) in paragraph (4), by striking ``rights;'' and 
            inserting ``rights,''; and
                (ii) in paragraph (5), by striking ``of the United 
            States Code''.
        (14) Section 203 is amended--
            (A) in paragraph (2)--
                (i) by striking ``(2)'' and inserting ``(b)'';
                (ii) by striking the quotation marks and comma before 
            ``as appropriate''; and
                (iii) by striking ``paragraphs (a) and (c)'' and 
            inserting ``paragraphs (1) and (3) of subsection (a)''; and
            (B) in the first paragraph--
                (i) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' 
            and inserting ``(1)'', ``(2)'', ``(3)'', and ``(4)'', 
            respectively; and
                (ii) by striking ``(1.'' and inserting ``(a)''.
        (15) Section 209 is amended in subsections (d)(2) and (f), by 
    striking ``of the United States Code''.
        (16) Section 210 is amended--
            (A) in subsection (a)--
                (i) in paragraph (11), by striking ``5901'' and 
            inserting ``5908''; and
                (ii) in paragraph (20) by striking ``178(j)'' and 
            inserting ``178j''; and
            (B) in subsection (c)--
                (i) by striking ``paragraph 202(c)(4)'' and inserting 
            ``section 202(c)(4)''; and
                (ii) by striking ``title..'' and inserting ``title.''.
        (17) The item relating to chapter 29 in the table of chapters 
    for part III is amended by inserting a comma after ``Patent''.
        (18) The item relating to section 256 in the table of contents 
    for chapter 25 is amended to read as follows:

``256. Correction of named inventor.''.

        (19) Section 294 is amended--
            (A) in subsection (b), by striking ``United States Code,''; 
        and
            (B) in subsection (c), in the second sentence by striking 
        ``court to'' and inserting ``court of''.
        (20) Section 371(d) is amended by adding at the end a period.
        (21) Paragraphs (1), (2), and (3) of section 376(a) are each 
    amended by striking the semicolon and inserting a period.
    (b) Other Amendments.--
        (1) Section 4732(a) of the Intellectual Property and 
    Communications Omnibus Reform Act of 1999 is amended--
            (A) in paragraph (9)(A)(ii), by inserting ``in subsection 
        (b),'' after ``(ii)''; and
            (B) in paragraph (10)(A), by inserting after ``title 35, 
        United States Code,'' the following: ``other than sections 1 
        through 6 (as amended by chapter 1 of this subtitle),''.
        (2) Section 4802(1) of that Act is amended by inserting ``to'' 
    before ``citizens''.
        (3) Section 4804 of that Act is amended--
            (A) in subsection (b), by striking ``11(a)'' and inserting 
        ``10(a)''; and
            (B) in subsection (c), by striking ``13'' and inserting 
        ``12''.
        (4) Section 4402(b)(1) of that Act is amended by striking ``in 
    the fourth paragraph''.

SEC. 13207. TECHNICAL CORRECTIONS IN TRADEMARK LAW.

    (a) Award of Damages.--Section 35(a) of the Act of July 5, 1946 
(commonly referred to as the ``Trademark Act of 1946'') (15 U.S.C. 
1117(a)), is amended by striking ``a violation under section 43(a), 
(c), or (d),'' and inserting ``a violation under section 43(a) or 
(d),''.
    (b) Additional Technical Amendments.--The Trademark Act of 1946 is 
further amended as follows:
        (1) Section 1(d)(1) (15 U.S.C. 1051(d)(1)) is amended in the 
    first sentence by striking ``specifying the date of the applicant's 
    first use'' and all that follows through the end of the sentence 
    and inserting ``specifying the date of the applicant's first use of 
    the mark in commerce and those goods or services specified in the 
    notice of allowance on or in connection with which the mark is used 
    in commerce.''.
        (2) Section 1(e) (15 U.S.C. 1051(e)) is amended to read as 
    follows:
    ``(e) If the applicant is not domiciled in the United States the 
applicant may designate, by a document filed in the United States 
Patent and Trademark Office, the name and address of a person resident 
in the United States on whom may be served notices or process in 
proceedings affecting the mark. Such notices or process may be served 
upon the person so designated by leaving with that person or mailing to 
that person a copy thereof at the address specified in the last 
designation so filed. If the person so designated cannot be found at 
the address given in the last designation, or if the registrant does 
not designate by a document filed in the United States Patent and 
Trademark Office the name and address of a person resident in the 
United States on whom may be served notices or process in proceedings 
affecting the mark, such notices or process may be served on the 
Director.''.
        (3) Section 8(f) (15 U.S.C. 1058(f)) is amended to read as 
    follows:
    ``(f) If the registrant is not domiciled in the United States, the 
registrant may designate, by a document filed in the United States 
Patent and Trademark Office, the name and address of a person resident 
in the United States on whom may be served notices or process in 
proceedings affecting the mark. Such notices or process may be served 
upon the person so designated by leaving with that person or mailing to 
that person a copy thereof at the address specified in the last 
designation so filed. If the person so designated cannot be found at 
the address given in the last designation, or if the registrant does 
not designate by a document filed in the United States Patent and 
Trademark Office the name and address of a person resident in the 
United States on whom may be served notices or process in proceedings 
affecting the mark, such notices or process may be served on the 
Director.''.
        (4) Section 9(c) (15 U.S.C. 1059(c)) is amended to read as 
    follows:
    ``(c) If the registrant is not domiciled in the United States the 
registrant may designate, by a document filed in the United States 
Patent and Trademark Office, the name and address of a person resident 
in the United States on whom may be served notices or process in 
proceedings affecting the mark. Such notices or process may be served 
upon the person so designated by leaving with that person or mailing to 
that person a copy thereof at the address specified in the last 
designation so filed. If the person so designated cannot be found at 
the address given in the last designation, or if the registrant does 
not designate by a document filed in the United States Patent and 
Trademark Office the name and address of a person resident in the 
United States on whom may be served notices or process in proceedings 
affecting the mark, such notices or process may be served on the 
Director.''.
        (5) Subsections (a) and (b) of section 10 (15 U.S.C. 1060(a) 
    and (b)) are amended to read as follows:
    ``(a)(1) A registered mark or a mark for which an application to 
register has been filed shall be assignable with the good will of the 
business in which the mark is used, or with that part of the good will 
of the business connected with the use of and symbolized by the mark. 
Notwithstanding the preceding sentence, no application to register a 
mark under section 1(b) shall be assignable prior to the filing of an 
amendment under section 1(c) to bring the application into conformity 
with section 1(a) or the filing of the verified statement of use under 
section 1(d), except for an assignment to a successor to the business 
of the applicant, or portion thereof, to which the mark pertains, if 
that business is ongoing and existing.
    ``(2) In any assignment authorized by this section, it shall not be 
necessary to include the good will of the business connected with the 
use of and symbolized by any other mark used in the business or by the 
name or style under which the business is conducted.
    ``(3) Assignments shall be by instruments in writing duly executed. 
Acknowledgment shall be prima facie evidence of the execution of an 
assignment, and when the prescribed information reporting the 
assignment is recorded in the United States Patent and Trademark 
Office, the record shall be prima facie evidence of execution.
    ``(4) An assignment shall be void against any subsequent purchaser 
for valuable consideration without notice, unless the prescribed 
information reporting the assignment is recorded in the United States 
Patent and Trademark Office within 3 months after the date of the 
assignment or prior to the subsequent purchase.
    ``(5) The United States Patent and Trademark Office shall maintain 
a record of information on assignments, in such form as may be 
prescribed by the Director.
    ``(b) An assignee not domiciled in the United States may designate 
by a document filed in the United States Patent and Trademark Office 
the name and address of a person resident in the United States on whom 
may be served notices or process in proceedings affecting the mark. 
Such notices or process may be served upon the person so designated by 
leaving with that person or mailing to that person a copy thereof at 
the address specified in the last designation so filed. If the person 
so designated cannot be found at the address given in the last 
designation, or if the assignee does not designate by a document filed 
in the United States Patent and Trademark Office the name and address 
of a person resident in the United States on whom may be served notices 
or process in proceedings affecting the mark, such notices or process 
may be served upon the Director.''.
        (6) Section 23(c) (15 U.S.C. 1091(c)) is amended by striking 
    the second comma after ``numeral''.
        (7) Section 33(b)(8) (15 U.S.C. 1115(b)(8)) is amended by 
    aligning the text with paragraph (7).
        (8) Section 34(d)(1)(A) (15 U.S.C. 1116(d)(1)(A)) is amended by 
    striking ``section 110'' and all that follows through ``(36 U.S.C. 
    380)'' and inserting ``section 220506 of title 36, United States 
    Code,''.
        (9) Section 34(d)(1)(B)(ii) (15 U.S.C. 1116(d)(1)(B)(ii)) is 
    amended by striking ``section 110'' and all that follows through 
    ``(36 U.S.C. 380)'' and inserting ``section 220506 of title 36, 
    United States Code''.
        (10) Section 34(d)(11) is amended by striking ``6621 of the 
    Internal Revenue Code of 1954'' and inserting ``6621(a)(2) of the 
    Internal Revenue Code of 1986''.
        (11) Section 35(b) (15 U.S.C. 1117(b)) is amended--
            (A) by striking ``section 110'' and all that follows 
        through ``(36 U.S.C. 380)'' and inserting ``section 220506 of 
        title 36, United States Code,''; and
            (B) by striking ``6621 of the Internal Revenue Code of 
        1954'' and inserting ``6621(a)(2) of the Internal Revenue Code 
        of 1986''.
        (12) Section 44(e) (15 U.S.C. 1126(e)) is amended by striking 
    ``a certification'' and inserting ``a true copy, a photocopy, a 
    certification,''.

SEC. 13208. PATENT AND TRADEMARK FEE CLERICAL AMENDMENT.

    The Patent and Trademark Fee Fairness Act of 1999 (113 Stat. 1537-
546 et seq.), as enacted by section 1000(a)(9) of Public Law 106-113, 
is amended in section 4203, by striking ``111(a)'' and inserting 
``1113(a)''.

SEC. 13209. COPYRIGHT RELATED CORRECTIONS TO 1999 OMNIBUS REFORM ACT.

    Title I of the Intellectual Property and Communications Omnibus 
Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-
113, is amended as follows:
        (1) Section 1007 is amended--
            (A) in paragraph (2), by striking ``paragraph (2)'' and 
        inserting ``paragraph (2)(A)''; and
            (B) in paragraph (3), by striking ``1005(e)'' and inserting 
        ``1005(d)''.
        (2) Section 1006(b) is amended by striking 
    ``119(b)(1)(B)(iii)'' and inserting ``119(b)(1)(B)(ii)''.
        (3)(A) Section 1006(a) is amended--
            (i) in paragraph (1), by adding ``and'' after the 
        semicolon;
            (ii) by striking paragraph (2); and
            (iii) by redesignating paragraph (3) as paragraph (2).
        (B) Section 1011(b)(2)(A) is amended to read as follows:
            ``(A) in paragraph (1), by striking `primary transmission 
        made by a superstation and embodying a performance or display 
        of a work' and inserting `performance or display of a work 
        embodied in a primary transmission made by a superstation or by 
        the Public Broadcasting Service satellite feed';''.

SEC. 13210. AMENDMENTS TO TITLE 17, UNITED STATES CODE.

    Title 17, United States Code, is amended as follows:
        (1) Section 119(a)(6) is amended by striking ``of performance'' 
    and inserting ``of a performance''.
        (2)(A) The section heading for section 122 is amended by 
    striking ``rights; secondary'' and inserting ``rights: Secondary''.
        (B) The item relating to section 122 in the table of contents 
    for chapter 1 is amended to read as follows:

``122. Limitations on exclusive rights: Secondary transmissions by 
          satellite carriers within local markets.''.

        (3)(A) The section heading for section 121 is amended by 
    striking ``reproduction'' and inserting ``Reproduction''.
        (B) The item relating to section 121 in the table of contents 
    for chapter 1 is amended by striking ``reproduction'' and inserting 
    ``Reproduction''.
        (4)(A) Section 106 is amended by striking ``107 through 121'' 
    and inserting ``107 through 122''.
        (B) Section 501(a) is amended by striking ``106 through 121'' 
    and inserting ``106 through 122''.
        (C) Section 511(a) is amended by striking ``106 through 121'' 
    and inserting ``106 through 122''.
        (5) Section 101 is amended--
            (A) by moving the definition of ``computer program'' so 
        that it appears after the definition of ``compilation''; and
            (B) by moving the definition of ``registration'' so that it 
        appears after the definition of ``publicly''.
        (6) Section 110(4)(B) is amended in the matter preceding clause 
    (i) by striking ``conditions;'' and inserting ``conditions:''.
        (7) Section 118(b)(1) is amended in the second sentence by 
    striking ``to it''.
        (8) Section 119(b)(1)(A) is amended--
            (A) by striking ``transmitted'' and inserting 
        ``retransmitted''; and
            (B) by striking ``transmissions'' and inserting 
        ``retransmissions''.
        (9) Section 203(a)(2) is amended--
            (A) in subparagraph (A)--
                (i) by striking ``(A) the'' and inserting ``(A) The''; 
            and
                (ii) by striking the semicolon at the end and inserting 
            a period;
            (B) in subparagraph (B)--
                (i) by striking ``(B) the'' and inserting ``(B) The''; 
            and
                (ii) by striking the semicolon at the end and inserting 
            a period; and
            (C) in subparagraph (C), by striking ``(C) the'' and 
        inserting ``(C) The''.
        (10) Section 304(c)(2) is amended--
            (A) in subparagraph (A)--
                (i) by striking ``(A) the'' and inserting ``(A) The''; 
            and
                (ii) by striking the semicolon at the end and inserting 
            a period;
            (B) in subparagraph (B)--
                (i) by striking ``(B) the'' and inserting ``(B) The''; 
            and
                (ii) by striking the semicolon at the end and inserting 
            a period; and
            (C) in subparagraph (C), by striking ``(C) the'' and 
        inserting ``(C) The''.
        (11) The item relating to section 903 in the table of contents 
    for chapter 9 is amended by striking ``licensure'' and inserting 
    ``licensing''.

SEC. 13211. OTHER COPYRIGHT RELATED TECHNICAL AMENDMENTS.

    (a) Amendment to Title 18.--Section 2319(e)(2) of title 18, United 
States Code, is amended by striking ``107 through 120'' and inserting 
``107 through 122''.
    (b) Standard Reference Data.--(1) Section 105(f) of Public Law 94-
553 is amended by striking ``section 290(e) of title 15'' and inserting 
``section 6 of the Standard Reference Data Act (15 U.S.C. 290e)''.
    (2) Section 6(a) of the Standard Reference Data Act (15 U.S.C. 
290e) is amended by striking ``Notwithstanding'' and all that follows 
through ``United States Code,'' and inserting ``Notwithstanding the 
limitations under section 105 of title 17, United States Code,''.

            Subtitle C--Educational Use Copyright Exemption

SEC. 13301. EDUCATIONAL USE COPYRIGHT EXEMPTION.

    (a) Short Title.--This subtitle may be cited as the ``Technology, 
Education, and Copyright Harmonization Act of 2002''.
    (b) Exemption of Certain Performances and Displays for Educational 
Uses.--Section 110 of title 17, United States Code, is amended--
        (1) by striking paragraph (2) and inserting the following:
        ``(2) except with respect to a work produced or marketed 
    primarily for performance or display as part of mediated 
    instructional activities transmitted via digital networks, or a 
    performance or display that is given by means of a copy or 
    phonorecord that is not lawfully made and acquired under this 
    title, and the transmitting government body or accredited nonprofit 
    educational institution knew or had reason to believe was not 
    lawfully made and acquired, the performance of a nondramatic 
    literary or musical work or reasonable and limited portions of any 
    other work, or display of a work in an amount comparable to that 
    which is typically displayed in the course of a live classroom 
    session, by or in the course of a transmission, if--
            ``(A) the performance or display is made by, at the 
        direction of, or under the actual supervision of an instructor 
        as an integral part of a class session offered as a regular 
        part of the systematic mediated instructional activities of a 
        governmental body or an accredited nonprofit educational 
        institution;
            ``(B) the performance or display is directly related and of 
        material assistance to the teaching content of the 
        transmission;
            ``(C) the transmission is made solely for, and, to the 
        extent technologically feasible, the reception of such 
        transmission is limited to--
                ``(i) students officially enrolled in the course for 
            which the transmission is made; or
                ``(ii) officers or employees of governmental bodies as 
            a part of their official duties or employment; and
            ``(D) the transmitting body or institution--
                ``(i) institutes policies regarding copyright, provides 
            informational materials to faculty, students, and relevant 
            staff members that accurately describe, and promote 
            compliance with, the laws of the United States relating to 
            copyright, and provides notice to students that materials 
            used in connection with the course may be subject to 
            copyright protection; and
                ``(ii) in the case of digital transmissions--

                    ``(I) applies technological measures that 
                reasonably prevent--

                        ``(aa) retention of the work in accessible form 
                    by recipients of the transmission from the 
                    transmitting body or institution for longer than 
                    the class session; and
                        ``(bb) unauthorized further dissemination of 
                    the work in accessible form by such recipients to 
                    others; and

                    ``(II) does not engage in conduct that could 
                reasonably be expected to interfere with technological 
                measures used by copyright owners to prevent such 
                retention or unauthorized further dissemination;''; and

        (2) by adding at the end the following:
        ``In paragraph (2), the term `mediated instructional 
    activities' with respect to the performance or display of a work by 
    digital transmission under this section refers to activities that 
    use such work as an integral part of the class experience, 
    controlled by or under the actual supervision of the instructor and 
    analogous to the type of performance or display that would take 
    place in a live classroom setting. The term does not refer to 
    activities that use, in 1 or more class sessions of a single 
    course, such works as textbooks, course packs, or other material in 
    any media, copies or phonorecords of which are typically purchased 
    or acquired by the students in higher education for their 
    independent use and retention or are typically purchased or 
    acquired for elementary and secondary students for their possession 
    and independent use.
        ``For purposes of paragraph (2), accreditation--
            ``(A) with respect to an institution providing post-
        secondary education, shall be as determined by a regional or 
        national accrediting agency recognized by the Council on Higher 
        Education Accreditation or the United States Department of 
        Education; and
            ``(B) with respect to an institution providing elementary 
        or secondary education, shall be as recognized by the 
        applicable state certification or licensing procedures.
        ``For purposes of paragraph (2), no governmental body or 
    accredited nonprofit educational institution shall be liable for 
    infringement by reason of the transient or temporary storage of 
    material carried out through the automatic technical process of a 
    digital transmission of the performance or display of that material 
    as authorized under paragraph (2). No such material stored on the 
    system or network controlled or operated by the transmitting body 
    or institution under this paragraph shall be maintained on such 
    system or network in a manner ordinarily accessible to anyone other 
    than anticipated recipients. No such copy shall be maintained on 
    the system or network in a manner ordinarily accessible to such 
    anticipated recipients for a longer period than is reasonably 
    necessary to facilitate the transmissions for which it was made.''.
    (c) Ephemeral Recordings.--
        (1) In general.--Section 112 of title 17, United States Code, 
    is amended--
        (A) by redesignating subsection (f) as subsection (g); and
        (B) by inserting after subsection (e) the following:
    ``(f)(1) Notwithstanding the provisions of section 106, and without 
limiting the application of subsection (b), it is not an infringement 
of copyright for a governmental body or other nonprofit educational 
institution entitled under section 110(2) to transmit a performance or 
display to make copies or phonorecords of a work that is in digital 
form and, solely to the extent permitted in paragraph (2), of a work 
that is in analog form, embodying the performance or display to be used 
for making transmissions authorized under section 110(2), if--
        ``(A) such copies or phonorecords are retained and used solely 
    by the body or institution that made them, and no further copies or 
    phonorecords are reproduced from them, except as authorized under 
    section 110(2); and
        ``(B) such copies or phonorecords are used solely for 
    transmissions authorized under section 110(2).
    ``(2) This subsection does not authorize the conversion of print or 
other analog versions of works into digital formats, except that such 
conversion is permitted hereunder, only with respect to the amount of 
such works authorized to be performed or displayed under section 
110(2), if--
        ``(A) no digital version of the work is available to the 
    institution; or
        ``(B) the digital version of the work that is available to the 
    institution is subject to technological protection measures that 
    prevent its use for section 110(2).''.
        (2) Technical and conforming amendment.--Section 802(c) of 
    title 17, United States Code, is amended in the third sentence by 
    striking ``section 112(f)'' and inserting ``section 112(g)''.
    (d) Patent and Trademark Office Report.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act and after a period for public comment, the 
    Undersecretary of Commerce for Intellectual Property, after 
    consultation with the Register of Copyrights, shall submit to the 
    Committees on the Judiciary of the Senate and the House of 
    Representatives a report describing technological protection 
    systems that have been implemented, are available for 
    implementation, or are proposed to be developed to protect 
    digitized copyrighted works and prevent infringement, including 
    upgradeable and self-repairing systems, and systems that have been 
    developed, are being developed, or are proposed to be developed in 
    private voluntary industry-led entities through an open broad based 
    consensus process. The report submitted to the Committees shall not 
    include any recommendations, comparisons, or comparative 
    assessments of any commercially available products that may be 
    mentioned in the report.
        (2) Limitations.--The report under this subsection--
            (A) is intended solely to provide information to Congress; 
        and
            (B) shall not be construed to affect in any way, either 
        directly or by implication, any provision of title 17, United 
        States Code, including the requirements of clause (ii) of 
        section 110(2)(D) of that title (as added by this subtitle), or 
        the interpretation or application of such provisions, including 
        evaluation of the compliance with that clause by any 
        governmental body or nonprofit educational institution.

               Subtitle D--Madrid Protocol Implementation

SEC. 13401. SHORT TITLE.

    This subtitle may be cited as the ``Madrid Protocol Implementation 
Act''.

SEC. 13402. PROVISIONS TO IMPLEMENT THE PROTOCOL RELATING TO THE MADRID 
              AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF 
              MARKS.

    The Act entitled ``An Act to provide for the registration and 
protection of trademarks used in commerce, to carry out the provisions 
of certain international conventions, and for other purposes'', 
approved July 5, 1946, as amended (15 U.S.C. 1051 and following) 
(commonly referred to as the ``Trademark Act of 1946'') is amended by 
adding after section 51 the following:

                    ``TITLE XII--THE MADRID PROTOCOL

``SEC. 60. DEFINITIONS.

    ``In this title:
        ``(1) Basic application.--The term `basic application' means 
    the application for the registration of a mark that has been filed 
    with an Office of a Contracting Party and that constitutes the 
    basis for an application for the international registration of that 
    mark.
        ``(2) Basic registration.--The term `basic registration' means 
    the registration of a mark that has been granted by an Office of a 
    Contracting Party and that constitutes the basis for an application 
    for the international registration of that mark.
        ``(3) Contracting party.--The term `Contracting Party' means 
    any country or inter-governmental organization that is a party to 
    the Madrid Protocol.
        ``(4) Date of recordal.--The term `date of recordal' means the 
    date on which a request for extension of protection, filed after an 
    international registration is granted, is recorded on the 
    International Register.
        ``(5) Declaration of bona fide intention to use the mark in 
    commerce.--The term `declaration of bona fide intention to use the 
    mark in commerce' means a declaration that is signed by the 
    applicant for, or holder of, an international registration who is 
    seeking extension of protection of a mark to the United States and 
    that contains a statement that--
            ``(A) the applicant or holder has a bona fide intention to 
        use the mark in commerce;
            ``(B) the person making the declaration believes himself or 
        herself, or the firm, corporation, or association in whose 
        behalf he or she makes the declaration, to be entitled to use 
        the mark in commerce; and
            ``(C) no other person, firm, corporation, or association, 
        to the best of his or her knowledge and belief, has the right 
        to use such mark in commerce either in the identical form of 
        the mark or in such near resemblance to the mark as to be 
        likely, when used on or in connection with the goods of such 
        other person, firm, corporation, or association, to cause 
        confusion, mistake, or deception.
        ``(6) Extension of protection.--The term `extension of 
    protection' means the protection resulting from an international 
    registration that extends to the United States at the request of 
    the holder of the international registration, in accordance with 
    the Madrid Protocol.
        ``(7) Holder of an international registration.--A `holder' of 
    an international registration is the natural or juristic person in 
    whose name the international registration is recorded on the 
    International Register.
        ``(8) International application.--The term `international 
    application' means an application for international registration 
    that is filed under the Madrid Protocol.
        ``(9) International bureau.--The term `International Bureau' 
    means the International Bureau of the World Intellectual Property 
    Organization.
        ``(10) International register.--The term `International 
    Register' means the official collection of data concerning 
    international registrations maintained by the International Bureau 
    that the Madrid Protocol or its implementing regulations require or 
    permit to be recorded.
        ``(11) International registration.--The term `international 
    registration' means the registration of a mark granted under the 
    Madrid Protocol.
        ``(12) International registration date.--The term 
    `international registration date' means the date assigned to the 
    international registration by the International Bureau.
        ``(13) Madrid protocol.--The term `Madrid Protocol' means the 
    Protocol Relating to the Madrid Agreement Concerning the 
    International Registration of Marks, adopted at Madrid, Spain, on 
    June 27, 1989.
        ``(14) Notification of refusal.--The term `notification of 
    refusal' means the notice sent by the United States Patent and 
    Trademark Office to the International Bureau declaring that an 
    extension of protection cannot be granted.
        ``(15) Office of a contracting party.--The term `Office of a 
    Contracting Party' means--
            ``(A) the office, or governmental entity, of a Contracting 
        Party that is responsible for the registration of marks; or
            ``(B) the common office, or governmental entity, of more 
        than 1 Contracting Party that is responsible for the 
        registration of marks and is so recognized by the International 
        Bureau.
        ``(16) Office of origin.--The term `office of origin' means the 
    Office of a Contracting Party with which a basic application was 
    filed or by which a basic registration was granted.
        ``(17) Opposition period.--The term `opposition period' means 
    the time allowed for filing an opposition in the United States 
    Patent and Trademark Office, including any extension of time 
    granted under section 13.

``SEC. 61. INTERNATIONAL APPLICATIONS BASED ON UNITED STATES 
              APPLICATIONS OR REGISTRATIONS.

    ``(a) In General.--The owner of a basic application pending before 
the United States Patent and Trademark Office, or the owner of a basic 
registration granted by the United States Patent and Trademark Office 
may file an international application by submitting to the United 
States Patent and Trademark Office a written application in such form, 
together with such fees, as may be prescribed by the Director.
    ``(b) Qualified Owners.--A qualified owner, under subsection (a), 
shall--
        ``(1) be a national of the United States;
        ``(2) be domiciled in the United States; or
        ``(3) have a real and effective industrial or commercial 
    establishment in the United States.

``SEC. 62. CERTIFICATION OF THE INTERNATIONAL APPLICATION.

    ``(a) Certification Procedure.--Upon the filing of an application 
for international registration and payment of the prescribed fees, the 
Director shall examine the international application for the purpose of 
certifying that the information contained in the international 
application corresponds to the information contained in the basic 
application or basic registration at the time of the certification.
    ``(b) Transmittal.--Upon examination and certification of the 
international application, the Director shall transmit the 
international application to the International Bureau.

``SEC. 63. RESTRICTION, ABANDONMENT, CANCELLATION, OR EXPIRATION OF A 
              BASIC APPLICATION OR BASIC REGISTRATION.

    ``With respect to an international application transmitted to the 
International Bureau under section 62, the Director shall notify the 
International Bureau whenever the basic application or basic 
registration which is the basis for the international application has 
been restricted, abandoned, or canceled, or has expired, with respect 
to some or all of the goods and services listed in the international 
registration--
        ``(1) within 5 years after the international registration date; 
    or
        ``(2) more than 5 years after the international registration 
    date if the restriction, abandonment, or cancellation of the basic 
    application or basic registration resulted from an action that 
    began before the end of that 5-year period.

``SEC. 64. REQUEST FOR EXTENSION OF PROTECTION SUBSEQUENT TO 
              INTERNATIONAL REGISTRATION.

    ``The holder of an international registration that is based upon a 
basic application filed with the United States Patent and Trademark 
Office or a basic registration granted by the Patent and Trademark 
Office may request an extension of protection of its international 
registration by filing such a request--
        ``(1) directly with the International Bureau; or
        ``(2) with the United States Patent and Trademark Office for 
    transmittal to the International Bureau, if the request is in such 
    form, and contains such transmittal fee, as may be prescribed by 
    the Director.

``SEC. 65. EXTENSION OF PROTECTION OF AN INTERNATIONAL REGISTRATION TO 
              THE UNITED STATES UNDER THE MADRID PROTOCOL.

    ``(a) In General.--Subject to the provisions of section 68, the 
holder of an international registration shall be entitled to the 
benefits of extension of protection of that international registration 
to the United States to the extent necessary to give effect to any 
provision of the Madrid Protocol.
    ``(b) If the United States Is Office of Origin.--Where the United 
States Patent and Trademark Office is the office of origin for a 
trademark application or registration, any international registration 
based on such application or registration cannot be used to obtain the 
benefits of the Madrid Protocol in the United States.

``SEC. 66. EFFECT OF FILING A REQUEST FOR EXTENSION OF PROTECTION OF AN 
              INTERNATIONAL REGISTRATION TO THE UNITED STATES.

    ``(a) Requirement for Request for Extension of Protection.--A 
request for extension of protection of an international registration to 
the United States that the International Bureau transmits to the United 
States Patent and Trademark Office shall be deemed to be properly filed 
in the United States if such request, when received by the 
International Bureau, has attached to it a declaration of bona fide 
intention to use the mark in commerce that is verified by the applicant 
for, or holder of, the international registration.
    ``(b) Effect of Proper Filing.--Unless extension of protection is 
refused under section 68, the proper filing of the request for 
extension of protection under subsection (a) shall constitute 
constructive use of the mark, conferring the same rights as those 
specified in section 7(c), as of the earliest of the following:
        ``(1) The international registration date, if the request for 
    extension of protection was filed in the international application.
        ``(2) The date of recordal of the request for extension of 
    protection, if the request for extension of protection was made 
    after the international registration date.
        ``(3) The date of priority claimed pursuant to section 67.

``SEC. 67. RIGHT OF PRIORITY FOR REQUEST FOR EXTENSION OF PROTECTION TO 
              THE UNITED STATES.

    ``The holder of an international registration with a request for an 
extension of protection to the United States shall be entitled to claim 
a date of priority based on a right of priority within the meaning of 
Article 4 of the Paris Convention for the Protection of Industrial 
Property if--
        ``(1) the request for extension of protection contains a claim 
    of priority; and
        ``(2) the date of international registration or the date of the 
    recordal of the request for extension of protection to the United 
    States is not later than 6 months after the date of the first 
    regular national filing (within the meaning of Article 4(A)(3) of 
    the Paris Convention for the Protection of Industrial Property) or 
    a subsequent application (within the meaning of Article 4(C)(4) of 
    the Paris Convention for the Protection of Industrial Property).

``SEC. 68. EXAMINATION OF AND OPPOSITION TO REQUEST FOR EXTENSION OF 
              PROTECTION; NOTIFICATION OF REFUSAL.

    ``(a) Examination and Opposition.--(1) A request for extension of 
protection described in section 66(a) shall be examined as an 
application for registration on the Principal Register under this Act, 
and if on such examination it appears that the applicant is entitled to 
extension of protection under this title, the Director shall cause the 
mark to be published in the Official Gazette of the United States 
Patent and Trademark Office.
    ``(2) Subject to the provisions of subsection (c), a request for 
extension of protection under this title shall be subject to opposition 
under section 13.
    ``(3) Extension of protection shall not be refused on the ground 
that the mark has not been used in commerce.
    ``(4) Extension of protection shall be refused to any mark not 
registrable on the Principal Register.
    ``(b) Notification of Refusal.--If, a request for extension of 
protection is refused under subsection (a), the Director shall declare 
in a notification of refusal (as provided in subsection (c)) that the 
extension of protection cannot be granted, together with a statement of 
all grounds on which the refusal was based.
    ``(c) Notice to International Bureau.--(1) Within 18 months after 
the date on which the International Bureau transmits to the Patent and 
Trademark Office a notification of a request for extension of 
protection, the Director shall transmit to the International Bureau any 
of the following that applies to such request:
        ``(A) A notification of refusal based on an examination of the 
    request for extension of protection.
        ``(B) A notification of refusal based on the filing of an 
    opposition to the request.
        ``(C) A notification of the possibility that an opposition to 
    the request may be filed after the end of that 18-month period.
    ``(2) If the Director has sent a notification of the possibility of 
opposition under paragraph (1)(C), the Director shall, if applicable, 
transmit to the International Bureau a notification of refusal on the 
basis of the opposition, together with a statement of all the grounds 
for the opposition, within 7 months after the beginning of the 
opposition period or within 1 month after the end of the opposition 
period, whichever is earlier.
    ``(3) If a notification of refusal of a request for extension of 
protection is transmitted under paragraph (1) or (2), no grounds for 
refusal of such request other than those set forth in such notification 
may be transmitted to the International Bureau by the Director after 
the expiration of the time periods set forth in paragraph (1) or (2), 
as the case may be.
    ``(4) If a notification specified in paragraph (1) or (2) is not 
sent to the International Bureau within the time period set forth in 
such paragraph, with respect to a request for extension of protection, 
the request for extension of protection shall not be refused and the 
Director shall issue a certificate of extension of protection pursuant 
to the request.
    ``(d) Designation of Agent for Service of Process.--In responding 
to a notification of refusal with respect to a mark, the holder of the 
international registration of the mark may designate, by a document 
filed in the United States Patent and Trademark Office, the name and 
address of a person residing in the United States on whom notices or 
process in proceedings affecting the mark may be served. Such notices 
or process may be served upon the person designated by leaving with 
that person, or mailing to that person, a copy thereof at the address 
specified in the last designation filed. If the person designated 
cannot be found at the address given in the last designation, or if the 
holder does not designate by a document filed in the United States 
Patent and Trademark Office the name and address of a person residing 
in the United States for service of notices or process in proceedings 
affecting the mark, the notice or process may be served on the 
Director.

``SEC. 69. EFFECT OF EXTENSION OF PROTECTION.

    ``(a) Issuance of Extension of Protection.--Unless a request for 
extension of protection is refused under section 68, the Director shall 
issue a certificate of extension of protection pursuant to the request 
and shall cause notice of such certificate of extension of protection 
to be published in the Official Gazette of the United States Patent and 
Trademark Office.
    ``(b) Effect of Extension of Protection.--From the date on which a 
certificate of extension of protection is issued under subsection (a)--
        ``(1) such extension of protection shall have the same effect 
    and validity as a registration on the Principal Register; and
        ``(2) the holder of the international registration shall have 
    the same rights and remedies as the owner of a registration on the 
    Principal Register.

``SEC. 70. DEPENDENCE OF EXTENSION OF PROTECTION TO THE UNITED STATES 
              ON THE UNDERLYING INTERNATIONAL REGISTRATION.

    ``(a) Effect of Cancellation of International Registration.--If the 
International Bureau notifies the United States Patent and Trademark 
Office of the cancellation of an international registration with 
respect to some or all of the goods and services listed in the 
international registration, the Director shall cancel any extension of 
protection to the United States with respect to such goods and services 
as of the date on which the international registration was canceled.
    ``(b) Effect of Failure To Renew International Registration.--If 
the International Bureau does not renew an international registration, 
the corresponding extension of protection to the United States shall 
cease to be valid as of the date of the expiration of the international 
registration.
    ``(c) Transformation of an Extension of Protection Into a United 
States Application.--The holder of an international registration 
canceled in whole or in part by the International Bureau at the request 
of the office of origin, under article 6(4) of the Madrid Protocol, may 
file an application, under section 1 or 44 of this Act, for the 
registration of the same mark for any of the goods and services to 
which the cancellation applies that were covered by an extension of 
protection to the United States based on that international 
registration. Such an application shall be treated as if it had been 
filed on the international registration date or the date of recordal of 
the request for extension of protection with the International Bureau, 
whichever date applies, and, if the extension of protection enjoyed 
priority under section 67 of this title, shall enjoy the same priority. 
Such an application shall be entitled to the benefits conferred by this 
subsection only if the application is filed not later than 3 months 
after the date on which the international registration was canceled, in 
whole or in part, and only if the application complies with all the 
requirements of this Act which apply to any application filed pursuant 
to section 1 or 44.

``SEC. 71. AFFIDAVITS AND FEES.

    ``(a) Required Affidavits and Fees.--An extension of protection for 
which a certificate of extension of protection has been issued under 
section 69 shall remain in force for the term of the international 
registration upon which it is based, except that the extension of 
protection of any mark shall be canceled by the Director--
        ``(1) at the end of the 6-year period beginning on the date on 
    which the certificate of extension of protection was issued by the 
    Director, unless within the 1-year period preceding the expiration 
    of that 6-year period the holder of the international registration 
    files in the Patent and Trademark Office an affidavit under 
    subsection (b) together with a fee prescribed by the Director; and
        ``(2) at the end of the 10-year period beginning on the date on 
    which the certificate of extension of protection was issued by the 
    Director, and at the end of each 10-year period thereafter, 
    unless--
            ``(A) within the 6-month period preceding the expiration of 
        such 10-year period the holder of the international 
        registration files in the United States Patent and Trademark 
        Office an affidavit under subsection (b) together with a fee 
        prescribed by the Director; or
            ``(B) within 3 months after the expiration of such 10-year 
        period, the holder of the international registration files in 
        the Patent and Trademark Office an affidavit under subsection 
        (b) together with the fee described in subparagraph (A) and the 
        surcharge prescribed by the Director.
    ``(b) Contents of Affidavit.--The affidavit referred to in 
subsection (a) shall set forth those goods or services recited in the 
extension of protection on or in connection with which the mark is in 
use in commerce and the holder of the international registration shall 
attach to the affidavit a specimen or facsimile showing the current use 
of the mark in commerce, or shall set forth that any nonuse is due to 
special circumstances which excuse such nonuse and is not due to any 
intention to abandon the mark. Special notice of the requirement for 
such affidavit shall be attached to each certificate of extension of 
protection.
    ``(c) Notification.--The Director shall notify the holder of the 
international registration who files 1 of the affidavits of the 
Director's acceptance or refusal thereof and, in case of a refusal, the 
reasons therefor.
    ``(d) Service of Notice or Process.--The holder of the 
international registration of the mark may designate, by a document 
filed in the United States Patent and Trademark Office, the name and 
address of a person residing in the United States on whom notices or 
process in proceedings affecting the mark may be served. Such notices 
or process may be served upon the person so designated by leaving with 
that person, or mailing to that person, a copy thereof at the address 
specified in the last designation so filed. If the person designated 
cannot be found at the address given in the last designation, or if the 
holder does not designate by a document filed in the United States 
Patent and Trademark Office the name and address of a person residing 
in the United States for service of notices or process in proceedings 
affecting the mark, the notice or process may be served on the 
Director.

``SEC. 72. ASSIGNMENT OF AN EXTENSION OF PROTECTION.

    ``An extension of protection may be assigned, together with the 
goodwill associated with the mark, only to a person who is a national 
of, is domiciled in, or has a bona fide and effective industrial or 
commercial establishment either in a country that is a Contracting 
Party or in a country that is a member of an intergovernmental 
organization that is a Contracting Party.

``SEC. 73. INCONTESTABILITY.

    ``The period of continuous use prescribed under section 15 for a 
mark covered by an extension of protection issued under this title may 
begin no earlier than the date on which the Director issues the 
certificate of the extension of protection under section 69, except as 
provided in section 74.

``SEC. 74. RIGHTS OF EXTENSION OF PROTECTION.

    ``When a United States registration and a subsequently issued 
certificate of extension of protection to the United States are owned 
by the same person, identify the same mark, and list the same goods or 
services, the extension of protection shall have the same rights that 
accrued to the registration prior to issuance of the certificate of 
extension of protection.''.

SEC. 13403. EFFECTIVE DATE.

    This subtitle and the amendments made by this subtitle shall take 
effect on the later of--
        (1) the date on which the Madrid Protocol (as defined in 
    section 60 of the Trademark Act of 1946) enters into force with 
    respect to the United States; or
        (2) the date occurring 1 year after the date of enactment of 
    this Act.

         TITLE IV--ANTITRUST TECHNICAL CORRECTIONS ACT OF 2002

SEC. 14101. SHORT TITLE.

    This title may be cited as the ``Antitrust Technical Corrections 
Act of 2002''.

SEC. 14102. AMENDMENTS.

    (a) Panama Canal Act.--Section 11 of the Panama Canal Act (37 Stat. 
566; 15 U.S.C. 31) is amended by striking the undesignated paragraph 
that begins ``No vessel permitted''.
    (b) Sherman Act.--Section 3 of the Sherman Act (15 U.S.C. 3) is 
amended--
        (1) by inserting ``(a)'' after ``Sec. 3.''; and
        (2) by adding at the end the following:
    ``(b) Every person who shall monopolize, or attempt to monopolize, 
or combine or conspire with any other person or persons, to monopolize 
any part of the trade or commerce in any Territory of the United States 
or of the District of Columbia, or between any such Territory and 
another, or between any such Territory or Territories and any State or 
States or the District of Columbia, or with foreign nations, or between 
the District of Columbia, and any State or States or foreign nations, 
shall be deemed guilty of a felony, and, on conviction thereof, shall 
be punished by fine not exceeding $10,000,000 if a corporation, or, if 
any other person, $350,000, or by imprisonment not exceeding three 
years, or by both said punishments, in the discretion of the court.''.
    (c) Wilson Tariff Act.--
        (1) Technical amendment.--The Wilson Tariff Act (28 Stat. 509; 
    15 U.S.C. 8 et seq.) is amended--
            (A) by striking section 77; and
            (B) in section 78--
                (i) by striking ``76, and 77'' and inserting ``and 
            76''; and
                (ii) by redesignating such section as section 77.
        (2) Conforming amendments to other laws.--
            (A) Clayton act.--Subsection (a) of the 1st section of the 
        Clayton Act (15 U.S.C. 12(a)) is amended by striking ``seventy-
        seven'' and inserting ``seventy-six''.
            (B) Federal trade commission act.--Section 4 of the Federal 
        Trade Commission Act (15 U.S.C. 44) is amended by striking 
        ``77'' and inserting ``76''.
            (C) Packers and stockyards act, 1921.--Section 405(a) of 
        the Packers and Stockyards Act, 1921 (7 U.S.C. 225(a)) is 
        amended by striking ``77'' and inserting ``76''.
            (D) Atomic energy act of 1954.--Section 105 of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2135) is amended by striking 
        ``seventy-seven'' and inserting ``seventy-six''.
            (E) Deep seabed hard mineral resources act.--Section 
        103(d)(7) of the Deep Seabed Hard Mineral Resources Act (30 
        U.S.C. 1413(d)(7)) is amended by striking ``77'' and inserting 
        ``76''.
    (d) Clayton Act.--The first section 27 of the Clayton Act (15 
U.S.C. 27) is redesignated as section 28 and is transferred so as to 
appear at the end of such Act.
    (e) Year 2000 Information and Readiness Disclosure Act.--Section 
5(a)(2) of the Year 2000 Information and Readiness Disclosure Act 
(Public Law 105-271) is amended by inserting a period after 
``failure''.
    (f) Act of March 3, 1913.--The Act of March 3, 1913 (chapter 114, 
37 Stat. 731; 15 U.S.C. 30) is repealed.
    (g) Repeal.--Section 116 of the Act of November 19, 2001 is 
repealed.

SEC. 14103. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this 
subtitle and the amendments made by this subtitle shall take effect on 
the date of enactment of this Act.
    (b) Application to Cases.--(1) Section 14102(f) shall apply to 
cases pending on or after the date of the enactment of this Act.
    (2) The amendments made by subsections (a), (b), and (c) of section 
14102 shall apply only with respect to cases commenced on or after the 
date of enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.