SUMMARY OF CONFERENCE REPORT FOR H.R. 2215, THE "21st CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT"
DIVISION A - 21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT
TITLE I - AUTHORIZATION OF APPROPRIATIONS FOR FY2002 & 2003
Section 101. Specific Sums Appropriated for FY 2002.
Authorizes appropriations to carry out the work of the various components of the Department of Justice for fiscal year 2002.
Section 102. Specific Sums Appropriated for FY 2003.
Section 102 authorizes appropriations to carry out the work of the various components of the Department of Justice for fiscal year 2003.
Section 103. Appointment of Additional Assistant United States Attorneys; Reduction of Certain Litigation Provisions.
This section authorizes the Attorney General to transfer 200 additional Assistant U.S. Attorneys from among the six litigating divisions at the Justice Department's headquarters (Main Justice) in Washington, D.C., to the various U.S. Attorneys offices around the country.
Section 104. Authorization for Additional United States Attorneys for Project Safe Neighborhoods.
This section adds 94 additional U.S. Attorneys to work with State and local law enforcement for identification and prosecution of violations of Federal firearms laws, especially in and around schools.
TITLE II - PERMANENT ENABLING PROVISIONS
Sec. 201. Permanent Authority.
Gives the Attorney General greater discretion to use appropriated funds to carry out his official duties.
Sec. 202. Permanent Authority Relating to Enforcement of Laws.
Requires the Attorney General to submit a report to Congress if: (1) any officer of the Department of Justice establishes a formal or informal policy to refrain from enforcing any provision of Federal law, or any rules, regulations, programs or policies within the responsibility of the Attorney General on the grounds that such a provision is unconstitutional or within the jurisdiction of the judicial branch: (2) the Attorney General decides to challenge the constitutionality of any Federal law, rule, regulation, or policy, or declines to defend the constitutionality of Federal law rule, regulation, or policy; or (3) approves the settlement of a claim against the United States that exceeds or likely to exceed $2 million, or any agreement, consent decree or order that provides injunctive or other nonmonetary relief that exceeds 3 years.
Sec. 203. Miscellaneous Uses of Funds; Technical Amendments.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to clarify that grants or contracts to the Bureau of Justice Assistance Grant Programs are used for law enforcement or law enforcement support.
Sec. 204. Technical and Miscellaneous Amendments to Department of Justice.
Makes technical and miscellaneous amendments. Section 204 makes technical amendments to section 524(c) of title 28, United States Codes, clarifies the Attorney General's authority to transfer property of marginal value, and requires the use of standard criteria for the purpose of categorizing offenders, victims, actors, and those acted upon in 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. It also requires the Attorney General to notify Congress in writing of any civil asset forfeiture award greater than $500,000.
Sec. 205. Oversight; Waste, Fraud and Abuse within the Department of Justice.
Requires the Attorney General to submit to the Committees on the Judiciary and Appropriations of each House of Congress a report: (1) identifying and describing every grant, cooperative agreement that was made for which additional or supplemental funds were provided in the immediately preceding year; (2) identifying and reviewing every Office of Justice Programs grant, cooperative agreement, or programmatic contract.
Sec. 206. Enforcement of Federal Criminal Laws By the Attorney General.
Section 206 provides clarifying amendments to title 28, United States Code, relating to the enforcement of Federal criminal law.
Sec. 207. Strengthening Law Enforcement in United States Territories; Commonwealths, and Possessions.
This section allows the payment of a retention bonus and other extended assignment incentives to retain law enforcement personnel in U.S. territories, commonwealths and possessions.
TITLE III - MISCELLANEOUS
Sec. 301. Repealers.
Repeals open-ended authorization of appropriations for the National Institute of Corrections and United States Marshals Service.
Sec. 302. Technical Amendments to Title 18 if the U.S. Code.
Makes several minor clarifying amendments to title 18, United States Code.
Sec. 303. Required Submission of Proposed Authorization of Appropriations for the Department of Justice for 2004-2005.
Requires the President (as he may judge necessary and expedient) to submit to the House and Senate Committees on the Judiciary proposed legislation authorizing 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.
Sec. 304. Study of Untested Rape Examination Kits.
Directs the Attorney General to conduct a study within six months of enactment to assess the number of untested rape examination kits that currently exist nationwide and submit the findings to Congress.
Sec. 305. Reports on use of DCS 1000 (Carnivore).
This section would require the Attorney General to report to Congress on the use of DCS 1000 (Carnivore) under a title 18 U.S.C. 3123 order, which is a pen register or trap and trap order and under a title 18 U.S.C. 2518 order, which is a wiretap order. Generally, law enforcement will need a wiretap order, pen/trap register or search warrant for surveillance, depending the information sought. A pen register captures the outgoing numbers or email addresses (the to's) and a trap and trace device captures the incoming numbers or email addresses (the from's). A wiretap allows law enforcement to intercept live communications. DCS 1000 is an electronic surveillance system used by the FBI to filter and conduct electronic surveillance through wire tap, pen register and trap and trace investigations for communications occurring over computer networks. The system is installed on the network of an Internet Service Provider to monitor communications on the network and record messages sent or received by a targeted user. The Federal Bureau of Investigation (FBI) initially called the system "Carnivore" because the system could get to "the meat" of an enormous quantity of data. The FBI has explained that the system provides the FBI with the ability to intercept and collect only the communications subject to the lawful order and ignore communications the FBI is not authorized to intercept. The reports will provide Congress with a better understanding of the FBI's use of this system.
Sec. 306. Study of Allocation of Litigating Attorneys.
Requires the Attorney General to submit (within six months of enactment of this Act) a report to the chairman and ranking member of the House and Senate Committees on the Judiciary, detailing the distribution and allocation of appropriated funds, attorneys and per-attorney workloads, for each Office of United States Attorney except those at the Justice Management Division.
Sec. 307. Use of Truth-In-Sentencing and Violent Offender Incarceration Grants.
This section expands the purposes for truth-in-sentencing and violent offender grants to allow use of these funds to establish separate detention facilities, correctional staff and an ombudsman for juvenile offenders.
Sec. 308. Authority of the Department of Justice Inspector General.
Provides the Inspector General discretion to investigate allegations of criminal wrongdoing or administrative misconduct by an employee of the Department of Justice, and allows the Inspector General to refer such allegations to the Office of Professional Responsibility or the internal affairs office of the appropriate component of the Department of Justice. Also requires the Inspector General to refer allegations of misconduct involving Department attorneys, investigators, or law enforcement personnel (where the allegations relate to official authority) to the Counsel, Office of Professional Responsibility.
Sec. 309. Review of the Department of Justice.
Requires the Inspector General to appoint an official from the IG's office to supervise and coordinate independent oversight of programs and operations of the FBI until September 30, 2004. Also requires the Inspector General to submit to the chairman and ranking member of the House and Senate Judiciary Committees an oversight plan of the FBI within 30 days after enactment of this Act.
Sec. 310. Authorization of Appropriations.
Authorizes $2 million to the Department to increase the Office of Inspector General by 25 employees, to fund expanded audit coverage of Office of Justice Programs (OJP) and to conduct special reviews of efforts by the FBI to implement recommendations of the Inspector General. Authorizes $1.7 million to the FBI to increase staffing of the Office of Professional Responsibility by 10 special agents and 4 full time support employees.
Sec. 311. Report on Threats and Assaults Against Federal Law Enforcement Officers, U.S. Judges, U.S. Officials and Their Families.
This section requires the Attorney General to report to Congress (not later than 45 days after the end of fiscal year 2002) on the number of investigations and prosecutions involving Federal law enforcement officials, Federal judges and other Federal officials in the FY 2002.
Sec. 312. Additional Federal Judgeships.
Section 312 authorizes eight new permanent judgeships as follows: five judgeships in the Southern District of California, two judgeships in the Western District of Texas, and one judgeship in the Western District of North Carolina. It would also convert four temporary judgeships to permanent judgeships - one each in the Central District of Illinois, the Southern District of Illinois, the Northern District of New York, and the Eastern District of Virginia. Additionally, section 312 creates seven new temporary judgeships, one each in the Northern District of Alabama, the District of Arizona, the Central District of California, the Southern District of Florida, the District of New Mexico, the Western District of North Carolina, and the Eastern District of Texas. Finally, it extends the temporary judgeship in the Northern District of Ohio for five years.
TITLE IV - VIOLENCE AGAINST WOMEN
Section 401. Short Title.
Establishes the "Violence Against Women Office Act" as the short title.
Section 402. Establishment of Violence Against Women Office.
This section creates a separate and independent Violence Against Women Office in the Department of Justice, under the general authority of the Attorney General. The Office shall be headed by a Director who reports directly to the Attorney General and has final authority over all grants, cooperative agreements and contracts awarded by the Office.
Section 403. Effective Date.
Section 403 states that this Title shall take effect 90 days after the date of enactment of this amendment.
DIVISION B - MISCELLANEOUS DIVISION
TITLE I - BOYS AND GIRLS CLUBS OF AMERICA
Sec. 1101. Boys and Girls Clubs of America.
This section provides for an increase in funds available for grants to the Boys and Girls Club for FY 2002-2005. The funds will allow the Boys and Girls Clubs to increase outreach efforts and increase membership nationwide.
TITLE II - DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT OF 2002
Section 2001. Short Title.
Provides that the short title of this Act shall be the "Drug Abuse Education, Prevention, and Treatment Act of 2001." This section incorporates S. 304, of the same name. S. 304 was reported by the Senate Judiciary Committee on November 29, 2001.
SUBTITLE A - DRUG-FREE PRISONS AND JAILS
Section. 2101. Use of Residential Substance Abuse Treatment Grants to Provide for Services During and After Incarceration.
Section 2101 authorizes the use of Residential Substance Abuse Treatment (RSAT) Grants for treatment and sanctions both during incarceration and after release.
Section 2102. Jail-Based Substance Abuse Treatment Programs.
The current RSAT program gives states a preference for establishing a program with a residential aftercare program. This section would allow state to use these funds to establish nonresidential aftercare programs as well. Additionally, this section requires that 10% of any funds under the RSAT program shall be used to make grants to local correctional facilities.
Section 2103. Mandatory Revocation of Probation and Supervised Release for Failing A Drug Test.
This section allows revocation of probation or supervised release if an individual tests positive for illegal controlled substances more than 3 times over the course of 1 year.
SUBTITLE B - TREATMENT AND PREVENTION
Section 2201. Report on Drug-Testing Technologies.
Requires the National Institute of Justice to conduct a study alternative drug-testing
technologies and report its conclusions to Congress within one year after enactment of the Act.
Section 2202. Drug and Substance Abuse Treatment, Prevention, Education, and Research
Requires the President, in consultation with the Attorney General, and Secretary of Health and Human Services, to deliver a review of all Federal drug and substance abuse treatment and prevention programs and to recommend to Congress ways in which those programs could be streamlined, consolidated, simplified, coordinated, and made more effective.
Section 2203. Drug Abuse and Addiction Research.
Gives authority to expand research and disciplinary trials with treatment centers of the National Drug Abuse Treatment Clinical Trials Network.
SUBTITLE C - DRUG COURTS
Section 2301. Drug Courts.
This section reauthorizes the Drug Courts program. However, this section improves the current system by consolidating all drug court programs into one office and incorporating the evaluation methods suggested by the General Accounting Office.
Section 2302. Authorization of Appropriations.
This section authorizes appropriations for the Drug Courts Office to provide grants to states.
Section 2303. Study by the General Accounting Office.
This section requires the General Accounting Office (GAO) to assess the effectiveness of programs established with grants provided by the Drug Courts office, including specific data to be evaluated.
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.
Establishes a Federal Reentry Center Demonstration project, under which individualized plans will be developed to reduce recidivism by offenders to be released from the Federal prison population.
Chapter 2 - State Reentry Grant Programs
Sec. 2421. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968.
Authorizes the Attorney General to make grants of up to $1 million to States, Territories, and Indian tribes to establish demonstration projects to promote successful reentry of criminal offenders.
SUBTITLE E - OTHER MATTERS
Sec. 2501. Amendment to Controlled Substances Act.
Current law provides for a 3-year moratorium on a State's ability to preclude physicians, by regulation, from prescribing schedule III, IV, or IV drugs for maintenance or detoxification treatment ( 21 USC 823(g)(2)(I)). The moratorium ends on October 17, 2003. This section would prevent States from precluding the use of such drugs for maintenance or detoxification treatment for 3 years after the FDA approval of any drug in these categories.
Sec. 2502. Study of Methamphetamine Treatment.
Transfers a methamphetamine study requirement from the Institute of Medicine of the National Academy of Sciences to the National Institute on Drug Abuse.
Sec. 2503. Authorization of Funds for DEA Police Training in South and Central Asia.
Authorizes not less than $5 million for FY03 for regional antidrug training by the DEA for law enforcement entities in the South and Central Asia region.
Sec. 2504 - United States - Thailand Drug Prosecutor Exchange Program
Authorizes $75,000 for FY03 and FY04 to establish an exchange program for prosecutors, judges, and policy makers of Thailand to observe U.S. Federal prosecutors.
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.
Raises the penalty for using physical force or attempting physical force to tamper with a witness from a maximum imprisonment of 10 years to a maximum imprisonment of 20 years. This section also adds a conspiracy section to the tampering and retaliating against a witness statutes so that whoever conspires to commit any of the offenses shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.
Sec. 3002. Correction of Aberrant Statutes to Permit Imposition of Both a Fine and Imprisonment.
Corrects certain statutes in title 18 and title 28 to allow for both the imposition of a fine and a sentence of imprisonment.
Sec. 3003. Reinstatement of Counts Dismissed Pursuant to a Plea Agreement.
Allows the District Court to reinstate any charges that are dismissed as a result of a plea agreement if the guilty plea is vacated on the motion of the defendant.
Sec. 3004. Appeals from Certain Dismissals.
Amends the statute that allows the United States to appeal an order of a District Court dismissing an indictment to clarify that any part of any count of the dismissed indictment may be appealed.
Sec. 3005. Clarification of Length of Supervised Release Terms in Controlled Substance Cases.
Clarifies that the longer periods of supervised release set forth in title 21 for certain drug related crimes are not superseded by the shorter terms set forth in the general supervised release statute of title 18.
Sec. 3006. Authority of Court to Impose a Sentence of Probation or Supervised Release When Reducing a Sentence of Imprisonment in Certain Cases.
Clarifies that in certain cases where the court has reduced the term of imprisonment because the defendant is over the age of 70 and has served at least 30 years, the court may impose a period of supervised release.
Sec. 3007. Clarification That Making Restitution Is a Proper Condition of Supervised Release.
Clarifies that the need to provide victims with restitution in a case is a factor to be considered by the court in determining whether to include a term of supervised release in a defendant's sentence.
TITLE IV - CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002
Sec. 4001. Short Title.
This section provides that the short title of this section shall be the "Criminal Law Technical Amendments Act of 2002."
Sec. 4002. Technical Amendments Relating to Criminal Law and Procedure.
This section makes over 60 separate technical changes to various criminal statutes by correcting missing and incorrect words, margins, punctuation, redundancies, outmoded fine amounts, cross references, and other technical and clerical errors. This section incorporates H.R. 2137, which was reported from the House Judiciary Committee on July 10, 2001, and which passed the House on July 23, 2001.
Sec. 4003. Additional Technicals.
Makes minor, additional technical corrections to Federal criminal statutes.
Sec. 4004. Repeal of Outmoded Provisions.
Repeals outdated provisions in the criminal code.
Sec. 4005. Amendments Resulting from Public Law 107-56.
Makes technical amendments to the USA Patriot Act.
Sec. 4006. Cross-reference Correction.
This section makes technical corrections to the International Convention for the Suppression of Terrorist Bombings.
TITLE V - PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS
Sec. 5001. Paul Coverdell Forensic Sciences Improvement Grants.
Amends the Paul Coverdell National Forensic Sciences Improvement Act of 2000 to permit local crime labs to receive grants.
Sec. 5002. Authorization of Appropriations.
Section 5002 authorizes to be appropriated for each of fiscal years 2002 through 2007 such sums as necessary for the Center for Domestic Preparedness of the Department of Justice; the Texas Engineering Extension Service of Texas A&M University; the Energetic Materials Research and Test Center of the New Mexico Institute of Mining and Technology; the Academy of Counterterrorist Education at Louisiana State University; the National Exercise, Test, and Training Center of the Department of Energy, located at the Nevada test site; the National Center for the Study of Counter-Terrorism and Cyber-Crime at Norwich University; and the Northeast Counterdrug Training Center at Fort Indiantown Gap, Pennsylvania.
DIVISION C - IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE, IMMIGRATION, JUVENILE JUSTICE, AND INTELLECTUAL PROPERTY AND ANTITRUST LAWS
TITLE I - CRIMINAL JUSTICE, CIVIL JUSTICE, AND IMMIGRATION
SUBTITLE A - GENERAL IMPROVEMENTS
Sec. 11101. Law Enforcement Tribute Act.
This section authorizes grants for the construction of memorials to honor the men and women in the United States who were killed or disabled while serving as law enforcement or public safety officers.
Sec. 11002. Disclosure of Grand Jury Matters Relating to Money Laundering Offenses.
This section would add sections 1956 and 1957 of Title 18 (money laundering) to the list of "banking law violations" where a prosecutor can disclose grand jury information to a Federal or State financial institution regulatory agency.
Sec. 11003. Grant Program for State and Local Domestic Preparedness Support.
This section expands the uses for grant funds and changes the name from the Office of State and Local Domestic Preparedness Support to the Office of Domestic Preparedness.
Sec. 11004. US Sentencing Commission Access to NCIC Terminal.
This section would allow the Attorney General to exchange NCIC information with the United States Sentencing Commission. The U.S. Sentencing Commission has stated that this provision is necessary to help complete a study on recidivism rates that they have been charged by Congress to complete. The Sentencing Commission is currently working with the FBI, which supports this provision.
Sec. 11005. Danger Pay for FBI Agents.
This section amends section 151 of the Foreign Relations Act, fiscal years 1990 and 1991 (5 U.S.C. 5928 note), to prohibit the "Secretary of State from denying a request by the Federal Bureau of Investigation (FBI) to authorize a danger pay allowance under title 5 section 5928 for any employee of the FBI. Under title 5 section 5928, "an employee serving in a foreign area may be granted a danger pay allowance on the basis of civil insurrection, civil war, terrorism, or wartime conditions which threaten physical harm or imminent danger to the health or well-being of the employee." The note stated that the Secretary of State may not deny a request by the Drug Enforcement Administration. This section expands this note to cover the FBI.
Sec. 11006. Police Corps.
This section provides for increases in the tuition allotments for police corps officers scholarship/reimbursement from $10, 000 to $13,333 per year. It reauthorizes the program for four more years and increases the stipend for training from $250 to $400 per week. It also eliminates the $10,000 direct payment to participating police agencies.
Sec. 11007. Radiation Exposure Compensation Technical Amendments.
The Radiation Exposure Compensation Act of 1990 (RECA) was enacted to affirm the responsibility of the Federal Government to compensate individuals who were harmed by radioactive fallout from atomic testing, or were harmed by being a test site participant, or in the mining of the uranium necessary for the production of nuclear weapons. This section contains technical amendments to this Act.
Sec. 11008. Federal Judiciary Protection Act of 2002.
This section incorporates S. 1099, the "Federal Judiciary Protection Act of 2001," which passed the Senate on December 20, 2001. Section 11008 enhances penalties for threatening or attempting to impede Federal officials carrying out their official duties.
Sec. 11009 - James Guelff and Chris McCurley Body Armor Act of 2002.
This section incorporates H.R.1007 and S.166, of the same name. S. 166 passed the Senate on May 14, 2001 and H.R. 1007 was reported favorably by the Judiciary Committee on July 19, 2001. This section directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide an appropriate enhancement for any crime of violence or drug trafficking in which the defendant used body armor. This section also prohibits the purchase, ownership, or possession of body armor by convicted violent felons.
Sec. 11010. Persons Authorized to Serve Search Warrant.
This section amends Federal law to clarify that a law enforcement officer does not need to be present for a warrant to be served or executed "for service or execution of a search warrant directed to a provider of electronic communication service or remote computing service for records or other information pertaining to a subscriber to or customer of such service." Due to the nature of electronic communications, much of this information is in the possession of Internet Provider Services (ISPs) and law enforcement officials often serve such warrants over facsimile machines and are not present at the site of the ISP. The ISP accept theses warrants. In a recent child pornography case, a Michigan Federal district court, in U.S. v. Bach, however, ruled that this procedure was an unreasonable search and seizure. The Court found that a police officer had to be present at the time. This section makes it clear that a police officer does not have to be present at the time a warrant is served.
Sec. 11011. Study on Reentry, Mental Illness, and Public Safety.
Requires the Attorney General to conduct a study of offenders with mental illness who are released from prison or jail to determine how many such offenders qualify for Medicaid, SSI, or SSDI, and other government aid.
Sec. 11012. Technical Amendment to Omnibus Crime Control Act.
This section makes technical corrections and revisions to the Omnibus Crime Control and Safe Streets Act.
Sec. 11013. Debt Collection Improvement.
Section 11013 expands the use of the Department=s Three Percent Debt Collection Fund. This fund was established by Section 108 of P.L. 103-121. The language of that Act permits the Department to credit three percent of all civil debt collections resulting from Department debt collection activities to the Working Capital Fund (the Three Percent Fund) and to use those deposits to the Fund only for the costs of processing and tracking civil debt collection litigation.
Sec. 11014. SCAAP Authorization.
This section reauthorizes funds for the State Criminal Alien Assistance Program (SCAAP) for FY 2003 and 2004. Under this program, the Federal government provides payments to states who house illegal or criminal aliens.
Sec. 11015. Use of Annuity Brokers in Structured Settlements.
This section reforms the Department of Justice=s practice for using annuity brokers in structured settlements in two ways. First, it directs the Attorney General to establish a list of annuity brokers who meet minimum qualifications for providing annuity brokerage services in connection with structured settlements entered by the United States. Second, this provision permits the United States Attorney (or his designee) involved in any settlement negotiations (except those negotiated exclusively through the Civil Division of the Department of Justice) to have the exclusive authority to select an annuity broker from the list of such brokers established by the Attorney General, provided that all documents related to any settlement comply with Department of Justice requirements.
Sec. 11016. INS Processing Fees.
Section 11016 amends the Immigration and Nationality Act to specify that processing fees for certain entry documents shall be deposited in the Land Border Inspection Fee Account as offsetting receipts.
Sec. 11017. United States Parole Commission Extension.
This section extends the authority of the U.S. Parole Commission to continue operations for an additional three years. This section also requires the Attorney General to prepare a report to Congress on the most efficient entity to administer the District of Columbia supervised release program.
Sec. 11018. Waiver of Foreign Country Residence Requirement with Respect to International Medical Graduates.
Section 11018 incorporates H.R. 4858, to "Improve Access to Physicians in Medically Underserved Areas." which was reported by the House Judiciary Committee on June 24, 2002, and passed the House on June 25, 2002. This section extends authorization for a waiver to permit certain foreign medical doctors to practice medicine in underserved areas without first leaving the United States. Aliens who attend medical school in the United States on "J" visas must leave the U.S. after school to reside abroad for two years before they may practice medicine in the U.S. In 1994, Congress created a waiver of the two-year requirement for foreign doctors who commit to practicing medicine for no less than three years in the geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals. The waiver limited the number of foreign doctors to 20 per state so that under-served areas in all states receive doctors. Section 11018 increases the numerical limitation on waivers to 30 per state. It also extends the deadline for the authorization of the waiver until June 1, 2006.
Sec. 11019. Pretrial Disclosure of Expert Testimony Relating to Defendant's Mental Condition.
Section 11019 restores two provisions of Rule 16 of the Federal Rules of Criminal Procedure that were inadvertently omitted when the Supreme Court transmitted a revision of the Rules to Congress on April 29, 2002.
Sec. 11020. Multiparty, Multiforum Trial Jurisdiction Act of 2002.
This section incorporates H.R. 860, which was reported by the House Judiciary Committee on March 8, 2001 and passed the House on March 14, 2001. It would streamline the process by which multidistrict litigation governing disasters are adjudicated.
Sec. 11021. Additional Place of Holding Court in the Southern District of Ohio.
This section authorizes judges in the Southern District of Ohio to hold court in St. Clairsville, Ohio.
Sec. 11022. Direct Shipment of Wine.
This section states that during any period that the Federal Aviation Administration has in effect restrictions on airline passengers to ensure their safety, a person who purchases wine while visiting a winery can ship wine to another state provided that the purchaser could have carried or brought the wine into the state to which the wine is shipped.
Sec. 11023. Webster Commission Implementation Report.
In response to the Robert Hanssen espionage case, former Director Freeh of the FBI asked Judge Webster to conduct a review of the FBI's internal security functions and procedures and recommend improvements. The March 31, 2002, Webster report included strong criticism and several recommendations to improve the security at the FBI. This section would require the FBI to submit a plan for implementing the recommendations of the Commission by no later than six months after the enactment of this Act.
Sec. 11024. FBI Police.
This section authorize the establishment of a police force within the FBI to provide protection for FBI buildings and personnel in areas. For example, FBI police provide security and protection at the main headquarters building in Washington, D.C., the FBI academy at Quantico, Virginia, and the Criminal Justice Information Services Complex in Clarksburg, West Virginia. Additionally, the FBI police will be authorized to provide these security services at the FBI's larger field offices.
Sec. 11025. Report on FBI Information Management and Technology.
This section requires the Director of the FBI to submit to Congress a report on the information management and technology programs of the FBI including recommendations for any legislation needed to enhance the effective of such programs. The report is due no later than nine months after the date of enactment of this Act.
Sec. 11026. GAO Report on Crime Statistics Reporting.
This section requires the Comptroller General of the United States to submit a report on the issue of how statistics are reported and used by Federal law enforcement agencies. The report is due no later than nine months after the date of enactment of this Act.
Sec. 11027. Crime-Free Rural State Grants.
Section 11027 authorizes $30 million over three years for the Attorney General to make grants to State criminal justice, Byrne, or other designated agencies to develop rural States' capacity to assist local communities in the prevention and reduction of crime, violence, and substance abuse.
Sec. 11028. Motor Vehicle Franchise Dispute Resolution Process.
This section incorporates H.R. 1296 and S. 1140, the "Motor Vehicle Franchise Contract Arbitration Fairness Act of 2001," which was reported by the Senate Judiciary Committee on October 31, 2001. It requires that whenever a motor vehicle franchise contract provides for the use of arbitration to resolve a controversy arising out of or relating to the contract, arbitration may be used to settle the controversy only if both parties consent in writing after such controversy arises. This section also requires the arbitrator to provide the parties with a written explanation of the factual and legal basis for the decision. The section provides that its provisions shall apply only to contracts entered into, modified, renewed or extended after the date of enactment. This section does not amend the Federal Arbitration Act.
Sec. 11029. Holding Court for the Southern District of Iowa.
Permits the U.S. District Court for the Southern District of Iowa to hold court in Rock Island, Illinois, from January 1, 2003 through July 1, 2005, while the Davenport, Iowa courthouse undergoes renovation.
Sec. 11030. Posthumous Citizenship Restoration.
This section incorporates H.R. 2623, the "Posthumous Citizenship Restoration Act of 2001." In 1990, Congress passed the Posthumous Citizenship for Active Duty Service Act (Pub. L. No. 101-249). This permitted the next-of-kin or another representative to file a posthumous citizenship claim on behalf of a United States non-citizen war veteran who died as a result of military service to our nation. Currently, the request for the posthumous citizenship must be filed no later than two years after the date of enactment of the Act (March 6, 1990), or two years after the date of the person's death, whichever date is later.
This provision establishes an additional two-year period for the family members of deceased non-citizen veterans to file posthumous citizenship claims. This will give families who missed the opportunity to file posthumous citizenship claims on behalf of their deceased relatives when the law was enacted in 1990 another opportunity to file for citizenship. The provision retains the two-year filing window for deaths which may occur after the bill's grace period expires.
Sec. 11030A. Extension of H-1B Status for Aliens With Lengthy Adjudications.
Prior to the enactment of the American Competitiveness in the 21st Century Act of 2000 (Pub.L. 106-313), an alien possessing a H-1B nonimmigrant visa was authorized work in the U.S. for up to six years. The Act provided for an extension of H-1B status beyond 6 years in one year increments, as long as an employment based immigrant visa petition or employment based adjustment of status application has been filed and at least 365 days have elapsed since the filing of the petition or a labor certification application on the alien's behalf (In many instances, labor certifications are required to be approved by the Department of Labor before an employment based immigrant visa petition or adjustment of status application can be filed.). This provision was added to the Immigration and Nationality Act so that employers would not have to dismiss H-1B workers after 6 years because their petitions for immigrant visas or applications for adjustment of status were caught in processing backlogs.
Growing delays in the processing of labor certifications have in certain instances prevented employers from taking advantage of the 2000 Act, since their labor certifications had not been approved in time for them to be able to file immigrant visa petitions or adjustment of status applications by the required date. Thus, this provision eliminates the requirement that an immigrant visa petition or adjustment of status application have been filed. As long as 365 days have elapsed since the filing of a labor certification application (that is filed on behalf of or used by the alien) or an immigrant visa petition, H-1B status can likewise be extended in one year increments. This will be true even if the alien has since obtained a non-H-1B nonimmigrant status. If an application for a labor certification or adjustment of status or a petition for a immigrant visa petition is denied, the extended H-1B status ends at that point.
Sec. 11030B. Application for Naturalization By Alternative Applicant if Citizen Parent Has Died.
This provision amends the Immigration and Nationality Act to permit a United States citizen grandparent or U.S. citizen legal guardian to apply for naturalization on behalf of a child born outside of the U.S., who has not acquired citizenship automatically under section 320 of the INA, if the child's U.S. citizen parent has died during the preceding five years.
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.
This subsection sets forth new procedures for certain investors to remove conditional resident status. They must meet three conditions: (1) they filed an I-526 petition and had it approved by the INS between January 1, 1995 and August 31, 1998; (2) they obtained conditional resident status; and (3) before the date of enactment of this bill they filed an I-829 to remove their conditional resident status.
Sec. 11032. Conditional Permanent Resident Status for Certain Alien Entrepreneurs, Spouses, and Children.
This section provides similar procedures for EB-5 investors whose I-526 petitions were approved, but who never became conditional residents because the INS never acted on their adjustment of status applications or because they remained overseas. This subsection states that the INS must approve applications under this section within 180 days after enactment.
Sec. 11033. Regulations.
Section 11033 requires the INS to publish implementing regulations within 120 days of enactment. Until regulations are promulgated, the INS may not deny a pending I-829 petition or adjustment of status application relating to an alien covered under the terms of sections 11031 or 11032, or commence or continue removal proceedings against affected EB-5 investors.
Sec. 11034. Definitions.
Section 11034 states that the terms used in this title shall have the meaning given such terms in section 101(b) of the Immigration and Nationality Act ("INA"), unless otherwise provided.
Chapter 2 - Amendments to Other Laws
Sec. 11035. Definition of "Full-Time Employment."
Section 11035 defines full-time employment for purposes of section 203(b)(5) of the INA as a position requiring at least 35 hours a week.
Sec. 11036. Eliminating Enterprise Establishment Requirement for Alien Entrepreneurs.
Amends section 203(b)(5) of the INA to eliminate the "establishment" requirement for EB-5 investors. Instead of showing that they have "established" a commercial enterprise,
Investors need only that they have "invested" in a commercial enterprise. This section also amends section 216A of the INA to eliminate the "establishment" requirement for EB-5 investors who have filed I-829 petitions. Instead of showing that they have "established" a commercial enterprise, they need only show that they have "invested" in a commercial enterprise. They also must show that they have "sustained" their investment actions over the two-year period. This section also clarifies that a "commercial enterprise" may include a limited partnership. The changes made by this section apply to I-526 and I-829 petitions pending on or after the date of enactment.
Sec. 11037. Amendments to Pilot Immigration Program for Regional Centers to Promote Economic Growth.
Section 11037 amends section 610(a) of the 1993 Commerce, State, Justice appropriations act to clarify that an EB-5 regional center can promote increased export sales, improved regional
productivity, job creation, or increased domestic capital investment.
SUBTITLE C - JUDICIAL IMPROVEMENTS ACT OF 2002
Sec. 11041. Short Title.
States that this subtitle may be cited as the "Judicial Improvements Act of 2002."
Sec. 11042. Judicial Discipline Procedures.
Based on the contents of H.R. 3892 and S. 2713, of the same name. H.R. 3892 passed the House on July 22, 2002. S. 2713 was reported by the Senate Judiciary Committee on July 31, 2002. These amendments "tighten" the existing statute that permits individuals to file misconduct complaints against federal judges and magistrates. As a result, the statute will be easier to locate and use, and will clarify the responsibilities of the chief judge in a given circuit who initially reviews a complaint.
Sec. 11043. Technical Amendments.
Section 11043 makes technical and conforming amendments to title 28 relating to the judicial discipline amendment.
Sec. 11044. Severability.
Section 11044 states that if any part of this subtitle is found unconstitutional, the remainder of the Act will not be affected.
SUBTITLE D - ANTITRUST MODERNIZATION COMMISSION ACT OF 2002
Sec. 11051. Short Title.
This section incorporates H.R. 2325, "the Antitrust Modernization Commission Act of 2001."
Sec. 11052. Establishment.
Establishes the Commission.
Sec. 11053. Duties of the Commission.
States that the Commission's duties are to examine whether the antitrust laws are in need of modernization, to solicit the views of all concerned parties, to evaluate proposals, and to prepare and submit a report to Congress and the President.
Sec. 11054. Membership.
The Commission will have 12 members, with four appointed by the President, two each by the majority and minority leaders of the Senate, and two each by the Speaker and minority leader of the House. The President's nominees will include two members of the opposing party, to be chosen by that party's Congressional leaders. The President will choose the chair of the Commission, while the Congressional leaders from the other party will choose the vice chair.
Sec. 11055. Compensation of the Commission.
This section describes the compensation of those who serve on the Commission.
Sec. 11056. Staff of Commission; Experts and Consultants.
Section 11056 states that the chairperson of the Commission may appoint and terminate an executive director and other necessary staff, and use experts and consultants.
Sec. 11057. Powers of the Commission.
States that the Commission may hold such hearings and take such testimony as it considers appropriate, may take testimony under oath, and obtain information directly from any executive agency or court.
Sec. 11058. Report.
Section 11058 states that the Commission shall submit a detailed report to Congress and the President within three years after its first meeting, including recommendations for legislative and administrative action the Commission considers appropriate.
Sec. 11059. Termination of Commission.
States that the Commission shall cease to exist 30 days after it submits its report.
Sec. 11060. Authorization of Appropriations.
Section 11060 authorizes $4 million to carry out this subtitle.
TITLE II - JUVENILE JUSTICE
SUBTITLE A - JUVENILE OFFENDER ACCOUNTABILITY
Sec. 12101. Short Title.
This section provides that the short title of this subtitle may be cited as the "Consequences for Juvenile Offenders Act of 2002."
Sec. 12102. Juvenile Offender Accountability.
This section incorporates, H.R. 863, the "Consequences for Juvenile Offenders Act of 2002," into the bill. H.R. 863 passed the House on October 16, 2001 by voice vote. This subtitle incorporates H.R. 863 to authorize the Department of Justice to make grants to States and local governments to strengthen their juvenile justice systems. The subtitle allows the States and localities flexibility in using the grant funds and provides an illustrative list of possible uses for the grant money. The grant money may be used for a range of purposes from the hiring of more judges, prosecutors and corrections personnel to supporting juvenile gun courts, drug court programs and accountability-based school safety programs. The flexibility allows States and localities to strengthen their juvenile justice systems in way that best meet their needs. To be eligible for the grant funds, a State must have or agree to implement a system of graduated sanctions for juvenile offenders. Under the bill, the graduated sanctions system must ensure that sanctions are imposed on juveniles offenders for every offence, that the sanctions escalate in intensity with each subsequent more serious offense, that the courts will be flexible in applying sanctions that address the specific problems of the individuals offender, and that consideration is given to public safety and victims of crime. Additionally, this subtitle provides that a state or locality may still qualify for a grant even if its system of graduated sanctions is discretionary, allowing juvenile courts to not participate. If an application's system is discretionary, however, then the non-participating juvenile courts must report at the end of the year why they did not impose graduated sanctions.
SUBTITLE B - JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 2002 (Sections 12201-12223)
Sec. 12201. Short Title.
States that this subtitle may be cited as the "Juvenile Justice and Delinquency Prevention Act of 2002." This section incorporates H.R. 1900, which passed the House on September 20, 2002.
Sec. 12202. Findings.
States the findings of Congress on the seriousness of juvenile crime
Sec. 12203. Purpose.
Describes the purpose of this subsection: to assist State and local governments in preventing acts of juvenile delinquency and holding offenders accountable.
Sec. 12204. Definitions.
Modifies and adds to the definitions under the Juvenile Justice and Delinquency Act (JJDPA).
Sec. 12205. Concentration of Federal Effort.
Modifies the duties of the Administrator of the Office of Juvenile Justice and Delinquency Prevention
Sec. 12206. Coordinating Council on Juvenile Justice and Delinquency Prevention.
Makes a technical correction to the JJDPA to comply with the current title of the House Education and Workforce Committee.
Sec. 12207. Annual Report.
Amends section 207 of the JJDPA to require an annual evaluation of the effectiveness of programs under this title.
Sec. 12208. Allocation.
Makes technical changes to clarify the process by which States and territories receive funding under the Act.
Sec. 12209. State Plans.
Eliminates specific state plan requirements and modify the list of activities eligible for funding under the formula grant program.
Sec. 12210. Juvenile Delinquency Prevention Block Grants.
Creates a new Part C that establishes the Juvenile Delinquency Prevention Block Grant and sets forth the allocation of funds, state plan requirements and criteria and eligibility for grants for local
Sec. 12211. Research, Evaluation, Technical Assistance, Training.
Creates a new authority for research, training, technical assistance and information dissemination regarding juvenile justice matters through the Office of Juvenile Justice and Delinquency Prevention.
Sec. 12212. Demonstration Projects.
Permits the administrator to award grants for developing, testing, and demonstrating new initiatives and programs for the prevention, control or reduction of juvenile delinquency.
Sec. 12213. Authorization of Appropriations.
Authorizes such sums as may be appropriate to carry out Title II of this act.
Sec. 12214. Administrative Authority.
Modifies the administrator's authority to establish rules, regulations, and procedures.
Sec. 12215. Use of Funds.
Amends Section 299C of the JJDPA to state, among other things, that no funds shall be paid to a residential program unless the State in which it is located has minimum licensing standards.
Sec. 12216. Limitations of Use of Funds.
Amends the JJDPA by adding a requirement that funds not be used to support the unsecured release of juveniles charged with a violent crime.
Sec. 12217. Rules of Constructions.
Amends the JJDPA by adding a new section to clarify that nothing in Titles I or II (a) prevents otherwise eligible organizations from receiving grants, or (b) should be construed to modify or affect existing federal or state laws related to collective bargaining rights of employees.
Sec. 12218. Leasing Surplus Federal Property.
Permit the administrator to receive surplus Federal property and lease it to eligible entities for use in juvenile facilities or for delinquency prevention and treatment activities.
Sec. 12219. Issuance of Rules.
Allows the administrator to issue rules to carry out this title.
Sec. 12220. Content of Materials.
Amends JJDPA to add a new section requiring that materials funded by this act for the purpose of hate crimes prevention shall not abridge or infringe upon the constitutionally protected rights of free speech, religion, and equal protection of juveniles or their parents or legal guardians.
Sec. 12221. Technical and Conforming Amendments.
Sets forth technical and conforming amendments.
Sec. 12222. Incentive Grants for Local Delinquency Prevention Programs.
Reauthorizes Title V of the JJDPA, which provides for grants for delinquency prevention programs and activities.
Sec. 12223. Effective Date; Application of Amendments.
Establishes the effective date of the act and states that amendments made by the act shall apply to fiscal years beginning after September 30, 2002.
SUBTITLE C - JUVENILE DISPOSITION HEARING
Sec. 12301. Juvenile Disposition Hearing.
Amends 18 U.S.C. § 5037 to modify current federal law regarding the sentencing of juvenile delinquents. Specifically, it (1) provides authority to impose a term of juvenile delinquency supervision to follow a term of official detention, (2) provides authority to sanction a violation of probation when a person adjudicated a juvenile delinquent is over 21 at the time of the violation, and (3) makes technical corrections in response to the Supreme Court's decision in United States v. R.L.C.
TITLE III - INTELLECTUAL PROPERTY
SUBTITLE A - PATENT AND TRADEMARK OFFICE AUTHORIZATION
Sec. 13101. Short Title.
States that the short title of this subtitle is the "Patent and Trademark Authorization Act of 2002." This section incorporates H.R. 2047, which passed the House on November 16, 2001, and S. 674, which passed the Senate on June 26, 2002.
Sec. 13102. Authorization of Amounts Available to the Patent and Trademark Office.
Authorizes the PTO to receive appropriations for fiscal years 2003 through 2008 in amounts equal to those fees collected by the agency in each such fiscal year. The Director of the PTO must submit estimates of the fees for the next fiscal year to the Committees on Appropriations and Judiciary of the Senate and the Committees on Appropriations and Judiciary of the House of Representatives no later than February 15 each fiscal year.
Sec. 13103. Electronic Filing and Processing of Patent and Trademark Applications.
Requires the Director to develop a user-friendly electronic system for the filing and processing patent and trademark applications. The system must be completed within 3 years of the date of enactment of this legislation. This section authorizes not more than $50,000,000 for each of fiscal years 2003, 2004 and 2005 to carry out this section.
Sec. 13104. Strategic Plan.
Requires the Secretary of Commerce to submit annual updates to the House and Senate Committees on the Judiciary on the implementation of the "21st Century Strategic Plan," which was issued on June 3, 2002, and any amendments to that plan.
Sec. 13105. Determination of Substantial New Question of Patentability in Reexamination Proceedings.
This section modifies the sections of Title 35 of the U.S. Code that instruct the Director to determine whether substantial new questions of patentability are raised by requests for prior art citations to the Office, ex parte reexaminations of patents, or inter partes reexaminations of patents.
Sec. 13106. Appeals In Inter Partes Reexamination Proceedings.
This section amends 35 U.S.C. Sec. 315 by adding the Court of Appeals for the Federal Circuit as a venue where a third party requester may appeal, or be a party to an appeal of, a final decision on patentability.
SUBTITLE B - INTELLECTUAL PROPERTY AND HIGH TECHNOLOGY TECHNICAL AMENDMENTS
Sec. 13201. Short Title.
Section 13201 may be cited as the "Intellectual Property and High Technology Technical Amendments Act of 2002." This section incorporates S. 320, of the same name, which passed the Senate on February 13, 2002, and the House on March 13, 2001.
Sec. 13202. Certification of Reexamination Procedure Act of 1999; Technical Amendments.
Section 13202 of the bill clarifies the Patent Act's inter partes reexamination section by stipulating that it will apply to the proper parties and operate as envisioned.
Sec. 13203. Patent and Trademark Efficiency Amendments.
Clarifies the status and authority of the Deputy Director of the PTO and conforms the membership of the Trademark Trial and Appeal Board and the Board of Patent Appeals and Interferences to include the Deputy Director.
Sec. 13204. Domestic Publication of Foreign Filed Patent Applications Act of 1999. Amendments.
Section 13204 is technical in nature and clarifies the effective date of international applications which may qualify for the provisional rights based on early publication.
Sec. 13205. Domestic Publication of Patent Applications Published Abroad.
This section contains a safeguard that the PTO will only rely on information published in English in patent applications as it makes the essential determination of novelty during the examination of a patent application. This limits the evidence from foreign applications that may be considered "prior art" and could affect patentability. This is an important safeguard for independent inventors and small American businesses that do not have access to expensive translation services and the foreign patent offices.
Sec. 13206. Miscellaneous Clerical Amendments.
Section 13206 contains a series of highly technical clerical amendments developed by the Office of Legislative Counsel upon its own initiative.
Sec. 13207. Technical Corrections in Trademark Law.
Makes technical corrections to Trademark Law by removing redundancies without foreclosing remedies.
Sec. 13208. Patent and Trademark Fee Clerical Amendment.
Corrects a clerical error pertaining to the section of the law cited relating to the adjustment of trademark fees and the consumer price index.
Sec. 13209. Copyright Related Corrections to 1999 Omnibus Reform Act.
Makes amendments to Title I of IPCORA to eliminate existing ambiguities.
Sec. 13210. Amendments to Title 17, United States Code.
Makes several technical amendments and revisions to Title 17.
Sec. 13211. Other Copyright Related Technical Amendments.
Makes additional technical and conforming amendments.
SUBTITLE C - EDUCATIONAL USE COPYRIGHT EXEMPTION
Sec. 13301. Educational Use Copyright Exemption.
Amends the Copyright Act to encompass performances and displays of copyrighted works in digital distance education under appropriate circumstances. The section expands the scope of works to which the amended section 110(2) exemption applies to include performances of reasonable and limited portions of works other than nondramatic literary and musical works
SUBTITLE D - MADRID PROTOCOL IMPLEMENTATION
Sec. 13401. Short Title.
This section provides that this subtitle may be cited as the "Madrid Protocol Implementation Act."
Sec. 13402. Provisions to Implement the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.
This section incorporates H.R. 741 (of the same name), which passed the House on March 14, 2001. This section streamlines the process by which holders of applications or registrations before the Patent and Trademark Office (PTO) may file an international application for trademark protection at the PTO and requires the PTO Director to transmit the application to the WIPO International Bureau.
Sec. 13403. Effective Date.
States that the effective date of the act shall commence on the date on which the Madrid Protocol enters into force with respect to the United States or 1 year after the date of enactment, whichever occurs later.
TITLE IV - ANTITRUST TECHNICAL CORRECTIONS ACT OF 2002
Sec. 14101. Short Title.
Provides that this title may be cited as the "Antitrust Technical Corrections Act of 2001."
This measure is identical to H.R. 809 and S. 809. H.R. 809 was reported by the Judiciary Committee on March 12, 2001, and passed the House on March 14, 2001. S. 809 was reported by the Senate Judiciary Committee on March 15, 2001.
Sec. 14102. Amendments.
Amends portions of the Panama Canal Act, prohibiting ships owned by persons who are violating the antitrust laws from passing through the Canal.
Sec. 14103. Effective Date; Application of Amendments.
Establishes the effective dates for these provisions.