[DOCID: f:publ273.107]
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21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT
[[Page 116 STAT. 1758]]
Public Law 107-273
107th Congress
An Act
To authorize appropriations for the Department of Justice for fiscal
year 2002, and for other purposes. <<NOTE: Nov. 2, 2002 - [H.R.
2215]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: 21st Century Department of
Justice Appropriations Authorization Act.>> 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.
[[Page 116 STAT. 1759]]
Sec. 402. Establishment of Violence Against Women Office.
Sec. 403. Effective date.
DIVISION B--MISCELLANEOUS DIVISION
TITLE I--BOYS AND GIRLS CLUBS OF AMERICA
Sec. 1101. Boys and Girls Clubs of America.
TITLE II--DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT OF 2002
Sec. 2001. Short title.
Subtitle A--Drug-Free Prisons and Jails
Sec. 2101. Use of residential substance abuse treatment grants to
provide for services during and after incarceration.
Sec. 2102. Jail-based substance abuse treatment programs.
Sec. 2103. Mandatory revocation of probation and supervised release for
failing a drug test.
Subtitle B--Treatment and Prevention
Sec. 2201. Report on drug-testing technologies.
Sec. 2202. Drug and substance abuse treatment, prevention, education,
and research study.
Sec. 2203. Drug abuse and addiction research.
Subtitle C--Drug Courts
Sec. 2301. Drug courts.
Sec. 2302. Authorization of appropriations.
Sec. 2303. Study by the General Accounting Office.
Subtitle D--Program for Successful Reentry of Criminal Offenders Into
Local Communities
Chapter 1--Post Incarceration Vocational and Remedial Educational
Opportunities for Inmates
Sec. 2411. Post incarceration vocational and remedial educational
opportunities for inmates.
Chapter 2--State Reentry Grant Programs
Sec. 2421. Amendments to the Omnibus Crime Control and Safe Streets Act
of 1968.
Subtitle E--Other Matters
Sec. 2501. Amendment to Controlled Substances Act.
Sec. 2502. Study of methamphetamine treatment.
Sec. 2503. Authorization of funds for DEA police training in South and
Central Asia.
Sec. 2504. United States-Thailand drug prosecutor exchange program.
TITLE III--SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM
Sec. 3001. Increasing the penalty for using physical force to tamper
with witnesses, victims, or informants.
Sec. 3002. Correction of aberrant statutes to permit imposition of both
a fine and imprisonment.
Sec. 3003. Reinstatement of counts dismissed pursuant to a plea
agreement.
Sec. 3004. Appeals from certain dismissals.
Sec. 3005. Clarification of length of supervised release terms in
controlled substance cases.
Sec. 3006. Authority of court to impose a sentence of probation or
supervised release when reducing a sentence of imprisonment
in certain cases.
Sec. 3007. Clarification that making restitution is a proper condition
of supervised release.
TITLE IV--CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002
Sec. 4001. Short title.
Sec. 4002. Technical amendments relating to criminal law and procedure.
Sec. 4003. Additional technicals.
Sec. 4004. Repeal of outmoded provisions.
[[Page 116 STAT. 1760]]
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.
[[Page 116 STAT. 1761]]
Sec. 11044. Severability.
Subtitle D--Antitrust Modernization Commission Act of 2002
Sec. 11051. Short title.
Sec. 11052. Establishment.
Sec. 11053. Duties of the Commission.
Sec. 11054. Membership.
Sec. 11055. Compensation of the Commission.
Sec. 11056. Staff of Commission; experts and consultants.
Sec. 11057. Powers of the Commission.
Sec. 11058. Report.
Sec. 11059. Termination of Commission.
Sec. 11060. Authorization of appropriations.
TITLE II--JUVENILE JUSTICE
Subtitle A--Juvenile Offender Accountability
Sec. 12101. Short title.
Sec. 12102. Juvenile offender accountability.
Subtitle B--Juvenile Justice and Delinquency Prevention Act of 2002
Sec. 12201. Short title.
Sec. 12202. Findings.
Sec. 12203. Purpose.
Sec. 12204. Definitions.
Sec. 12205. Concentration of Federal effort.
Sec. 12206. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 12207. Annual report.
Sec. 12208. Allocation.
Sec. 12209. State plans.
Sec. 12210. Juvenile delinquency prevention block grant program.
Sec. 12211. Research; evaluation; technical assistance; training.
Sec. 12212. Demonstration projects.
Sec. 12213. Authorization of appropriations.
Sec. 12214. Administrative authority.
Sec. 12215. Use of funds.
Sec. 12216. Limitations on use of funds.
Sec. 12217. Rules of construction.
Sec. 12218. Leasing surplus Federal property.
Sec. 12219. Issuance of rules.
Sec. 12220. Content of materials.
Sec. 12221. Technical and conforming amendments.
Sec. 12222. Incentive grants for local delinquency prevention programs.
Sec. 12223. Effective date; application of amendments.
Subtitle C--Juvenile Disposition Hearing
Sec. 12301. Juvenile disposition hearing.
TITLE III--INTELLECTUAL PROPERTY
Subtitle A--Patent and Trademark Office Authorization
Sec. 13101. Short title.
Sec. 13102. Authorization of amounts available to the Patent and
Trademark Office.
Sec. 13103. Electronic filing and processing of patent and trademark
applications.
Sec. 13104. Strategic plan.
Sec. 13105. Determination of substantial new question of patentability
in reexamination proceedings.
Sec. 13106. Appeals in inter partes reexamination proceedings.
Subtitle B--Intellectual Property and High Technology Technical
Amendments
Sec. 13201. Short title.
Sec. 13202. Clarification of Reexamination Procedure Act of 1999;
technical amendments.
Sec. 13203. Patent and Trademark Efficiency Act amendments.
Sec. 13204. Domestic publication of foreign filed Patent Applications
Act of 1999 amendments.
Sec. 13205. Domestic publication of patent applications published
abroad.
Sec. 13206. Miscellaneous clerical amendments.
Sec. 13207. Technical corrections in trademark law.
Sec. 13208. Patent and trademark fee clerical amendment.
[[Page 116 STAT. 1762]]
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
[[Page 116 STAT. 1763]]
crimes identified in the No Electronic Theft (NET) Act (Public
Law 105-147): Provided, That such amounts in the appropriations
account ``General Legal Services'' as may be expended for such
investigations or prosecutions shall count towards this minimum
as though expended from this appropriations account.
(7) Federal bureau of investigation.--For the Federal Bureau
of Investigation: $3,524,864,000, which shall include for each
such fiscal year--
(A) not to exceed $33,791,000 for construction, to
remain available until expended; and
(B) not to exceed $70,000 to meet unforeseen
emergencies of a confidential character.
(8) United states marshals service.--For the United States
Marshals Service: $648,696,000, which shall include for each
such fiscal year not to exceed $15,000,000 for construction, to
remain available until expended.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections: $4,622,152,000.
(10) Federal prisoner detention.--For the support of United
States prisoners in non-Federal institutions, as authorized by
section 4013(a) of title 18 of the United States Code:
$706,182,000, to remain available until expended.
(11) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,481,783,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(12) Immigration and naturalization service.--For the
Immigration and Naturalization Service: $3,499,854,000, which
shall include--
(A) not to exceed $2,739,695,000 for salaries and
expenses of enforcement and border affairs (i.e., the
Border Patrol, deportation, intelligence,
investigations, and inspection programs, and the
detention program);
(B) not to exceed $631,745,000 for salaries and
expenses of citizenship and benefits (i.e., programs not
included under subparagraph (A));
(C) for each such fiscal year, not to exceed
$128,454,000 for construction, to remain available until
expended; and
(D) not to exceed $50,000 to meet unforeseen
emergencies of a confidential character.
(13) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $156,145,000 to remain available until expended,
which shall include for each such fiscal year not to exceed
$6,000,000 for construction of protected witness safesites.
(14) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $338,577,000, for
expenses not otherwise provided for, for the investigation and
prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from appropriations
authorized by this paragraph may be used under authorities
available to the organizations reimbursed from such funds.
(15) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,136,000.
[[Page 116 STAT. 1764]]
(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
[[Page 116 STAT. 1765]]
Law 105-147): Provided, That such amounts in the appropriations
account ``General Legal Services'' as may be expended for such
investigations or prosecutions shall count towards this minimum
as though expended from this appropriations account.
(7) Federal bureau of investigation.--For the Federal Bureau
of Investigation: $4,323,912,000, which shall include for each
such fiscal year--
(A) not to exceed $1,250,000 for construction, to
remain available until expended; and
(B) not to exceed $70,000 to meet unforeseen
emergencies of a confidential character.
(8) United states marshals service.--For the United States
Marshals Service: $737,346,000, which shall include for each
such fiscal year not to exceed $15,153,000 for construction, to
remain available until expended.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections: $4,605,068,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,582,044,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(11) Immigration and naturalization service.--For the
Immigration and Naturalization Service: $4,131,811,000, which
shall include--
(A) not to exceed $3,253,561,000 for salaries and
expenses of Border Patrol, detention and removals,
intelligence, investigations, inspections, and
international enforcement, including not to exceed
$50,000 to meet unforeseen emergencies of a confidential
character;
(B) not to exceed $88,598,000 for salaries and
expenses of immigration services, including
international services; and
(C) not to exceed $789,652,000 for salaries and
expenses for support and administration (i.e., data and
communications, information and records management,
construction, etc.).
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $156,145,000 to remain available until expended,
which shall include for each such fiscal year not to exceed
$6,000,000 for construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $362,131,000, for
expenses not otherwise provided for, for the investigation and
prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from appropriations
authorized by this paragraph may be used under authorities
available to the organizations reimbursed from such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,194,000.
(15) Community relations service.--For the Community
Relations Service: $10,732,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $22,949,000 for expenses authorized by section 524 of
title 28, United States Code.
[[Page 116 STAT. 1766]]
(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 <<NOTE: Deadline.>> 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. <<NOTE: 28 USC 509 note.>> 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.
[[Page 116 STAT. 1767]]
TITLE II--PERMANENT ENABLING PROVISIONS
SEC. 201. PERMANENT AUTHORITY.
(a) In General.--Chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
``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
[[Page 116 STAT. 1768]]
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) <<NOTE: Notice. Deadline.>> the
Attorney General shall give written notice to the
Chairmen and ranking minority members of the
Committees on Appropriations and the Judiciary
[[Page 116 STAT. 1769]]
of the Senate and of the House of Representatives
not later than 30 days after the approval of a
reward under clause (ii);
``(iv) any executive agency or military
department (as defined, respectively, in sections
105 and 102 of title 5) may provide the Attorney
General with funds for the payment of rewards; and
``(v) neither the failure of the Attorney
General to authorize a payment nor the amount
authorized shall be subject to judicial review.
``(2) Specific permitted uses.--
``(A) Aircraft and boats.--Funds available to the
Attorney General for United States Attorneys, for the
Federal Bureau of Investigation, for the United States
Marshals Service, for the Drug Enforcement
Administration, and for the Immigration and
Naturalization Service may be used for the purchase,
lease, maintenance, and operation of aircraft and boats,
for law enforcement purposes.
``(B) Purchase of ammunition and firearms; firearms
competitions.--Funds available to the Attorney General
for United States Attorneys, for the Federal Bureau of
Investigation, for the United States Marshals Service,
for the Drug Enforcement Administration, for the Federal
Prison System, for the Office of the Inspector General,
and for the Immigration and Naturalization Service may
be used for--
``(i) the purchase of ammunition and firearms;
and
``(ii) participation in firearms competitions.
``(C) Construction.--Funds available to the Attorney
General for construction may be used for expenses of
planning, designing, acquiring, building, constructing,
activating, renovating, converting, expanding,
extending, remodeling, equipping, repairing, or
maintaining buildings or facilities, including the
expenses of acquisition of sites therefor, and all
necessary expenses incident or related thereto; but the
foregoing shall not be construed to mean that funds
generally available for salaries and expenses are not
also available for certain incidental or minor
construction, activation, remodeling, maintenance, and
other related construction costs.
``(3) Fees and expenses of witnesses.--Funds available to
the Attorney General for fees and expenses of witnesses may be
used for--
``(A) expenses, mileage, compensation, protection,
and per diem in lieu of subsistence, of witnesses
(including advances of public money) and as authorized
by section 1821 or other law, except that no witness may
be paid more than 1 attendance fee for any 1 calendar
day;
``(B) fees and expenses of neutrals in alternative
dispute resolution proceedings, where the Department of
Justice is a party; and
``(C) construction of protected witness safesites.
``(4) Federal bureau of investigation.--Funds available to
the Attorney General for the Federal Bureau of Investigation for
the detection, investigation, and prosecution of crimes against
the United States may be used for the conduct of all its
authorized activities.
[[Page 116 STAT. 1770]]
``(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
[[Page 116 STAT. 1771]]
Justice, to another Federal entity, or to a unit of State or
local government, may be used under authorities available to the
unit or entity receiving such reimbursement.
``(d) Foreign Reimbursements.--Whenever the Department of Justice or
any component participates in a cooperative project to improve law
enforcement or national security operations or services with a friendly
foreign country on a cost-sharing basis, any reimbursements or
contributions received from that foreign country to meet its share of
the project may be credited to appropriate current appropriations
accounts of the Department of Justice or any component. The amount of a
reimbursement or contribution credited shall be available only for
payment of the share of the project expenses allocated to the
participating foreign country.
``(e) Railroad Police Training Fees.--The Attorney General is
authorized to establish and collect a fee to defray the costs of
railroad police officers participating in a Federal Bureau of
Investigation law enforcement training program authorized by Public Law
106-110, and to credit such fees to the appropriation account `Federal
Bureau of Investigation, Salaries and Expenses', to be available until
expended for salaries and expenses incurred in providing such services.
``(f) Warranty Work.--In instances where the Attorney General
determines that law enforcement-, security-, or mission-related
considerations mitigate against obtaining maintenance or repair services
from private sector entities for equipment under warranty, the Attorney
General is authorized to seek reimbursement from such entities for
warranty work performed at Department of Justice facilities, and to
credit any payment made for such work to any appropriation charged
therefor.''.
(b) Conforming Amendment.--The table of sections of chapter 31 of
title 28, United States Code, is amended by adding at the end the
following:
``530C. Authority to use available funds.''.
SEC. 202. PERMANENT AUTHORITY RELATING TO ENFORCEMENT OF LAWS.
(a) In General.--Chapter 31 of title 28, United States Code (as
amended by section 201), is amended by adding at the end the following:
``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,
[[Page 116 STAT. 1772]]
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).
[[Page 116 STAT. 1773]]
``(2) Submission of report to the congress.--For the
purposes of paragraph (1), a report shall be considered to be
submitted to the Congress if the report is submitted to--
``(A) the majority leader and minority leader of the
Senate;
``(B) the Speaker, majority leader, and minority
leader of the House of Representatives;
``(C) the chairman and ranking minority member of
the Committee on the Judiciary of the House of
Representatives and the chairman and ranking minority
member of the Committee on the Judiciary of the Senate;
and
``(D) the Senate Legal Counsel and the General
Counsel of the House of Representatives.
``(b) Deadline.--A report shall be submitted--
``(1) under subsection (a)(1)(A), not later than 30 days
after the establishment or implementation of each policy;
``(2) under subsection (a)(1)(B), within such time as will
reasonably enable the House of Representatives and the Senate to
take action, separately or jointly, to intervene in timely
fashion in the proceeding, but in no event later than 30 days
after the making of each determination; and
``(3) under subsection (a)(1)(C), not later than 30 days
after the conclusion of each fiscal-year quarter, with respect
to all approvals occurring in such quarter.
``(c) Contents.--A report required by subsection (a) shall--
``(1) specify the date of the establishment or
implementation of the policy described in subsection (a)(1)(A),
of the making of the determination described in subsection
(a)(1)(B), or of each approval described in subsection
(a)(1)(C);
``(2) include a complete and detailed statement of the
relevant issues and background (including a complete and
detailed statement of the reasons for the policy or
determination, and the identity of the officer responsible for
establishing or implementing such policy, making such
determination, or approving such settlement or compromise),
except that--
``(A) such details may be omitted as may be
absolutely necessary to prevent improper disclosure of
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
[[Page 116 STAT. 1774]]
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 <<NOTE: 2 USC
288k.>> (92 Stat. 1883) is amended by striking subsection (b)
and inserting:
``(b) <<NOTE: Notification.>> The Attorney General shall notify
Counsel as required by section 530D of title 28.''.
(3) <<NOTE: Deadline. 28 USC 530D note.>> 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) <<NOTE: Deadline. Reports. 28 USC 530D note.>> 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
[[Page 116 STAT. 1775]]
(ii) all determinations of which the Attorney
General and applicable official are aware described in
subsection (a)(1)(B) of such section that were made
before the date of the enactment of this Act and were in
effect on such date.
(B) If a determination described in subparagraph (A)(ii)
relates to any judicial, administrative, or other proceeding
that is pending in the 90-day period beginning on the date of
the enactment of this Act, with respect to any such
determination, then the report required by this paragraph shall
be submitted within such time as will reasonably enable the
House of Representatives and the Senate to take action,
separately or jointly, to intervene in timely fashion in the
proceeding, but not later than 30 days after the date of the
enactment of this Act.
(5) <<NOTE: 2 USC 130f.>> 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) <<NOTE: 42 USC 3754.>> in section 504(a) by striking
``502'' and inserting ``501(b)'';
(2) <<NOTE: 42 USC 3756.>> in section 506(a)(1) by striking
``participating'';
(3) <<NOTE: 42 USC 3760.>> 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) <<NOTE: 42 USC 3761.>> 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)--
[[Page 116 STAT. 1776]]
(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) <<NOTE: 31 USC 6503 note.>> 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) <<NOTE: 28 USC 527 note.>> 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.''.
[[Page 116 STAT. 1777]]
SEC. 205. OVERSIGHT; WASTE, FRAUD, AND ABUSE WITHIN THE DEPARTMENT OF
JUSTICE.
(a) Section 529 of title 28, United States Code, is amended by
inserting ``(a)'' before ``Beginning'', and by adding at the end the
following:
``(b) <<NOTE: Deadline. Reports.>> 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;
[[Page 116 STAT. 1778]]
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 <<NOTE: 42 USC 3712 note.>> (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.
[[Page 116 STAT. 1779]]
``(C) The information required under subparagraph (A) shall be
submitted in the report required in fiscal year 2005 and thereafter.''.
SEC. 206. ENFORCEMENT OF FEDERAL CRIMINAL LAWS BY ATTORNEY GENERAL.
Section 535 of title 28, United States Code, is amended in
subsections (a) and (b), by replacing ``title 18'' with ``Federal
criminal law'', and in subsection (b), by replacing ``or complaint'' the
1st place it appears with ``matter, or complaint witnessed, discovered,
or'', and by inserting ``or the witness, discoverer, or recipient, as
appropriate,'' after ``agency,''.
SEC. 207. STRENGTHENING LAW ENFORCEMENT IN UNITED STATES TERRITORIES,
COMMONWEALTHS, AND POSSESSIONS.
(a) Extended Assignment Incentive.--Chapter 57 of title 5, United
States Code, is amended--
(1) in subchapter IV, by inserting at the end the following:
``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
[[Page 116 STAT. 1780]]
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 <<NOTE: 5 USC 5307 note.>> 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 <<NOTE: Deadline. 5 USC 5757 note.>> 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.
[[Page 116 STAT. 1781]]
(b) Open-Ended Authorization of Appropriations for United States
Marshals Service.--Section 561 of title 28, United States Code, is
amended by striking subsection (i).
(c) Redundant Authorizations of Payments for Rewards.--
(1) <<NOTE: 18 USC 3071 note.>> 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) <<NOTE: 12 USC 4205, 4209.>> 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 <<NOTE: Deadline. Reports.>> 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
[[Page 116 STAT. 1782]]
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 <<NOTE: 18 USC 3126
note.>> (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 <<NOTE: 18 USC 2519
note.>> (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;
[[Page 116 STAT. 1783]]
(4) the identity of the applying investigative or law
enforcement officer and agency making the application and the
person authorizing the application;
(5) the nature of the facilities from which or place where
communications were to be intercepted;
(6) a general description of the interceptions made under
such order or extension, including--
(A) the approximate nature and frequency of
incriminating communications intercepted;
(B) the approximate nature and frequency of other
communications intercepted;
(C) the approximate number of persons whose
communications were intercepted;
(D) the number of orders in which encryption was
encountered and whether such encryption prevented law
enforcement from obtaining the plain text of
communications intercepted pursuant to such order; and
(E) the approximate nature, amount, and cost of the
manpower and other resources used in the interceptions;
(7) the number of arrests resulting from interceptions made
under such order or extension, and the offenses for which
arrests were made;
(8) the number of trials resulting from such interceptions;
(9) the number of motions to suppress made with respect to
such interceptions, and the number granted or denied;
(10) the number of convictions resulting from such
interceptions and the offenses for which the convictions were
obtained and a general assessment of the importance of the
interceptions; and
(11) the specific persons authorizing the use of the DCS
1000 program (or any subsequent version of such program) in the
implementation of such order.
SEC. 306. STUDY OF ALLOCATION OF LITIGATING ATTORNEYS.
Not later than 180 days <<NOTE: Deadline.>> 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
[[Page 116 STAT. 1784]]
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 <<NOTE: 5 USC app. 8E note.>> 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
[[Page 116 STAT. 1785]]
of the enactment of this Act, the Inspector General of the Department of
Justice shall submit to the Chairperson and ranking member of the
Committees on the Judiciary of the Senate and the House of
Representatives, a plan for oversight of the Federal Bureau of
Investigation, which plan may include--
(1) an audit of the financial systems, information
technology systems, and computer security systems of the Federal
Bureau of Investigation;
(2) an audit and evaluation of programs and processes of the
Federal Bureau of Investigation to identify systemic weaknesses
or implementation failures and to recommend corrective action;
(3) a review of the activities of internal affairs offices
of the Federal Bureau of Investigation, including the
Inspections Division and the Office of Professional
Responsibility;
(4) an investigation of allegations of serious misconduct by
personnel of the Federal Bureau of Investigation;
(5) a review of matters relating to any other program or
operation of the Federal Bureau of Investigation that the
Inspector General determines requires review; and
(6) an identification of resources needed by the Inspector
General to implement a plan for oversight of the Federal Bureau
of Investigation.
(c) Report on Inspector General for Federal Bureau of
Investigation.--Not <<NOTE: Deadline.>> 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.
[[Page 116 STAT. 1786]]
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) <<NOTE: 28
USC 534 note.>> is repealed.
(b) Report on Threats and Assaults Against Federal Law Enforcement
Officers, United States Judges, United States Officials and Their
Families.--Not <<NOTE: Deadline.>> 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 <<NOTE: President. 28 USC 133
note.>> 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 <<NOTE: 28 USC 133.>> 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--
[[Page 116 STAT. 1787]]
(A) by striking the item relating to California and
inserting the following:
``California:
Northern...................................................... 14
Eastern....................................................... 6
Central....................................................... 27
Southern......................................................13'';
(B) by striking the item relating to North Carolina
and inserting the following:
``North Carolina:
Eastern....................................................... 4
Middle........................................................ 4
Western....................................................... 4'';
and
(C) by striking the item relating to Texas and
inserting the following:
``Texas:
Northern...................................................... 12
Southern...................................................... 19
Eastern....................................................... 7
Western.......................................................13''.
(3) Effective date.--This <<NOTE: 28 USC 133
note.>> subsection shall take effect on July 15, 2003.
(b) District <<NOTE: 28 USC 133 note.>> 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''.
[[Page 116 STAT. 1788]]
(3) Effective date.--With <<NOTE: 28 USC 133 note.>> 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 <<NOTE: 28 USC 133 note.>> Judgeships.--
(1) In general.--The <<NOTE: President.>> 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 <<NOTE: 28 USC 133
note.>> 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.
[[Page 116 STAT. 1789]]
TITLE <<NOTE: Violence Against Women Office Act.>> IV--VIOLENCE AGAINST
WOMEN
SEC. 401. <<NOTE: 42 USC 3711 note.>> 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) <<NOTE: 42 USC 3796gg-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) <<NOTE: 42 USC 3796gg-1-- 3796gg-5.>> by redesignating
sections 2002 through 2006 as sections 2006 through 2011,
respectively; and
(3) by inserting after section 2001 the following:
``SEC. 2002. <<NOTE: 42 USC 3796gg-0.>> 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. <<NOTE: 42 USC 3796gg-0a.>> DIRECTOR OF VIOLENCE AGAINST
WOMEN OFFICE.
``(a) Appointment.--The <<NOTE: President.>> 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).
[[Page 116 STAT. 1790]]
``(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. <<NOTE: 42 USC 3796gg-0b.>> 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.
[[Page 116 STAT. 1791]]
``(8) Establishing such rules, regulations, guidelines, and
procedures as are necessary to carry out any function of the
Office.
``SEC. 2005. <<NOTE: 42 USC 3796gg-0c.>> 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. <<NOTE: 42 USC 3796gg-0d.>> 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. <<NOTE: 42 USC 3796gg-0 note.>> 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.''.
[[Page 116 STAT. 1792]]
TITLE <<NOTE: Drug Abuse Education, Prevention, and Treatment Act of
2002.>> II--DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT OF 2002
SEC. 2001. <<NOTE: 42 USC 3711 note.>> 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) <<NOTE: 42 USC 3796ff-1.>> 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) <<NOTE: 42 USC 3796ff-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.''.
[[Page 116 STAT. 1793]]
SEC. 2103. MANDATORY REVOCATION OF PROBATION AND SUPERVISED RELEASE FOR
FAILING A DRUG TEST.
(a) Revocation of Probation.--Section 3565(b) of title 18, United
States Code, is amended--
(1) in paragraph (2), by striking ``or'' after the
semicolon;
(2) in paragraph (3), by striking ``(4),'' and inserting
``(4); or''; and
(3) by adding after paragraph (3) the following:
``(4) as a part of drug testing, tests positive for illegal
controlled substances more than 3 times over the course of 1
year;''.
(b) Revocation of Supervised Release.--Section 3583(g) of title 18,
United States Code, is amended--
(1) in paragraph (2), by striking ``or'' after the
semicolon;
(2) in paragraph (3), by inserting ``or'' after the
semicolon; and
(3) by adding after paragraph (3) the following:
``(4) as a part of drug testing, tests positive for illegal
controlled substances more than 3 times over the course of 1
year;''.
Subtitle B--Treatment and Prevention
SEC. 2201. <<NOTE: 42 USC 3722 note.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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
[[Page 116 STAT. 1794]]
(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:
[[Page 116 STAT. 1795]]
``PART EE--DRUG COURTS
``SEC. 2951. <<NOTE: 42 USC 3797u.>> 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,