PUBLIC LAW 107–273—NOV. 2, 2002
`
`21ST CENTURY DEPARTMENT OF JUSTICE
`APPROPRIATIONS AUTHORIZATION ACT
`
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`116 STAT. 1758
`
`PUBLIC LAW 107–273—NOV. 2, 2002
`
`Nov. 2, 2002
`[H.R. 2215]
`
`21st Century
`Department of
`Justice
`Appropriations
`Authorization
`Act.
`
`Public Law 107–273
`107th Congress
`
`An Act
`To authorize appropriations for the Department of Justice for fiscal year 2002,
`and for other purposes.
`
`Be it enacted by the Senate and House of Representatives of
`the United States of America in Congress assembled,
`SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
`(a) SHORT TITLE.—This Act may be cited as the ‘‘21st Century
`Department of Justice Appropriations Authorization Act’’.
`(b) TABLE OF CONTENTS.—The table of contents of this Act
`is as follows:
`
`DIVISION A—21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS
`AUTHORIZATION ACT
`TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2002
`AND 2003
`Sec. 101. Specific sums authorized to be appropriated for fiscal year 2002.
`Sec. 102. Specific sums authorized to be appropriated for fiscal year 2003.
`Sec. 103. Appointment of additional assistant United States attorneys; reduction of
`certain litigation positions.
`Sec. 104. Authorization for additional assistant United States attorneys for project
`safe neighborhoods.
`TITLE II—PERMANENT ENABLING PROVISIONS
`Sec. 201. Permanent authority.
`Sec. 202. Permanent authority relating to enforcement of laws.
`Sec. 203. Miscellaneous uses of funds; technical amendments.
`Sec. 204. Technical and miscellaneous amendments to Department of Justice au-
`thorities; authority to transfer property of marginal value; record-
`keeping; protection of the Attorney General.
`Sec. 205. Oversight; waste, fraud, and abuse within the Department of Justice.
`Sec. 206. Enforcement of Federal criminal laws by Attorney General.
`Sec. 207. Strengthening law enforcement in United States territories, common-
`wealths, and possessions.
`TITLE III—MISCELLANEOUS
`
`Sec. 301. Repealers.
`Sec. 302. Technical amendments to title 18 of the United States Code.
`Sec. 303. Required submission of proposed authorization of appropriations for the
`Department of Justice for fiscal years 2004 and 2005.
`Sec. 304. Study of untested rape examination kits.
`Sec. 305. Reports on use of 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.
`
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`PUBLIC LAW 107–273—NOV. 2, 2002
`
`116 STAT. 1759
`
`Sec. 402. Establishment of Violence Against Women Office.
`Sec. 403. Effective date.
`DIVISION B—MISCELLANEOUS DIVISION
`TITLE I—BOYS AND GIRLS CLUBS OF AMERICA
`Sec. 1101. Boys and Girls Clubs of America.
`TITLE II—DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT
`OF 2002
`
`Sec. 2001. Short title.
`Subtitle A—Drug-Free Prisons and Jails
`Sec. 2101. Use of residential substance abuse treatment grants to provide for serv-
`ices during and after incarceration.
`Sec. 2102. Jail-based substance abuse treatment programs.
`Sec. 2103. Mandatory revocation of probation and supervised release for failing a
`drug test.
`
`Subtitle B—Treatment and Prevention
`Sec. 2201. Report on drug-testing technologies.
`Sec. 2202. Drug and substance abuse treatment, prevention, education, and re-
`search study.
`Sec. 2203. Drug abuse and addiction research.
`Subtitle C—Drug Courts
`
`Sec. 2301. Drug courts.
`Sec. 2302. Authorization of appropriations.
`Sec. 2303. Study by the General Accounting Office.
`Subtitle D—Program for Successful Reentry of Criminal Offenders Into Local
`Communities
`CHAPTER 1—POST INCARCERATION VOCATIONAL AND REMEDIAL EDUCATIONAL
`OPPORTUNITIES FOR INMATES
`Sec. 2411. Post incarceration vocational and remedial educational opportunities for
`inmates.
`CHAPTER 2—STATE REENTRY GRANT PROGRAMS
`Sec. 2421. Amendments to the Omnibus Crime Control and Safe Streets Act of
`1968.
`
`Subtitle E—Other Matters
`Sec. 2501. Amendment to Controlled Substances Act.
`Sec. 2502. Study of methamphetamine treatment.
`Sec. 2503. Authorization of funds for DEA police training in South and Central
`Asia.
`Sec. 2504. United States-Thailand drug prosecutor exchange program.
`TITLE III—SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE
`SYSTEM
`Sec. 3001. Increasing the penalty for using physical force to tamper with witnesses,
`victims, or informants.
`Sec. 3002. Correction of aberrant statutes to permit imposition of both a fine and
`imprisonment.
`Sec. 3003. Reinstatement of counts dismissed pursuant to a plea agreement.
`Sec. 3004. Appeals from certain dismissals.
`Sec. 3005. Clarification of length of supervised release terms in controlled sub-
`stance cases.
`Sec. 3006. Authority of court to impose a sentence of probation or supervised re-
`lease when reducing a sentence of imprisonment in certain cases.
`Sec. 3007. Clarification that making restitution is a proper condition of supervised
`release.
`TITLE IV—CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2002
`Sec. 4001. Short title.
`Sec. 4002. Technical amendments relating to criminal law and procedure.
`Sec. 4003. Additional technicals.
`Sec. 4004. Repeal of outmoded provisions.
`
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`116 STAT. 1760
`
`PUBLIC LAW 107–273—NOV. 2, 2002
`
`Sec. 4005. Amendments resulting from Public Law 107–56.
`Sec. 4006. Cross reference correction.
`TITLE V—PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS
`Sec. 5001. Paul Coverdell Forensic Sciences Improvement Grants.
`Sec. 5002. Authorization of appropriations.
`DIVISION C—IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE, IM-
`MIGRATION, JUVENILE JUSTICE, AND INTELLECTUAL PROPERTY AND
`ANTITRUST LAWS
`TITLE I—CRIMINAL JUSTICE, CIVIL JUSTICE, AND IMMIGRATION
`Subtitle A—General Improvements
`Sec. 11001. Law Enforcement Tribute Act.
`Sec. 11002. Disclosure of grand jury matters relating to money laundering offenses.
`Sec. 11003. Grant program for State and local domestic preparedness support.
`Sec. 11004. United States Sentencing Commission access to NCIC terminal.
`Sec. 11005. Danger pay for FBI agents.
`Sec. 11006. Police corps.
`Sec. 11007. Radiation exposure compensation technical amendments.
`Sec. 11008. Federal Judiciary Protection Act of 2002.
`Sec. 11009. James Guelff and Chris McCurley Body Armor Act of 2002.
`Sec. 11010. Persons authorized to serve search warrant.
`Sec. 11011. Study on reentry, mental illness, and public safety.
`Sec. 11012. Technical amendment to Omnibus Crime Control Act.
`Sec. 11013. Debt collection improvement.
`Sec. 11014. SCAAP authorization.
`Sec. 11015. Use of annuity brokers in structured settlements.
`Sec. 11016. INS processing fees.
`Sec. 11017. United States Parole Commission extension.
`Sec. 11018. Waiver of foreign country residence requirement with respect to inter-
`national medical graduates.
`Sec. 11019. Pretrial disclosure of expert testimony relating to defendant’s mental
`condition.
`Sec. 11020. Multiparty, Multiforum Trial Jurisdiction Act of 2002.
`Sec. 11021. Additional place of holding court in the southern district of Ohio.
`Sec. 11022. Direct shipment of wine.
`Sec. 11023. Webster Commission implementation report.
`Sec. 11024. FBI police.
`Sec. 11025. Report on FBI information management and technology.
`Sec. 11026. GAO report on crime statistics reporting.
`Sec. 11027. Crime-free rural States grants.
`Sec. 11028. Motor vehicle franchise contract dispute resolution process.
`Sec. 11029. Holding court for the southern district of Iowa.
`Sec. 11030. Posthumous citizenship restoration.
`Sec. 11030A. Extension of H–1B status for aliens with lengthy adjudications.
`Sec. 11030B. Application for naturalization by alternative applicant if citizen par-
`ent has died.
`
`Subtitle B—EB–5 Amendments
`CHAPTER 1—IMMIGRATION BENEFITS
`Sec. 11031. Removal of conditional basis of permanent resident status for certain
`alien entrepreneurs, spouses, and children.
`Sec. 11032. Conditional permanent resident status for certain alien entrepreneurs,
`spouses, and children.
`Sec. 11033. Regulations.
`Sec. 11034. Definitions.
`CHAPTER 2—AMENDMENTS TO OTHER LAWS
`Sec. 11035. Definition of ‘‘full-time employment’’.
`Sec. 11036. Eliminating enterprise establishment requirement for alien entre-
`preneurs.
`Sec. 11037. Amendments to pilot immigration program for regional centers to pro-
`mote economic growth.
`Subtitle C—Judicial Improvements Act of 2002
`Sec. 11041. Short title.
`Sec. 11042. Judicial discipline procedures.
`Sec. 11043. Technical amendments.
`
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`PUBLIC LAW 107–273—NOV. 2, 2002
`
`116 STAT. 1761
`
`Sec. 11044. Severability.
`Subtitle D—Antitrust Modernization Commission Act of 2002
`Sec. 11051. Short title.
`Sec. 11052. Establishment.
`Sec. 11053. Duties of the Commission.
`Sec. 11054. Membership.
`Sec. 11055. Compensation of the Commission.
`Sec. 11056. Staff of Commission; experts and 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 Of-
`fice.
`Sec. 13103. Electronic filing and processing of patent and trademark applications.
`Sec. 13104. Strategic plan.
`Sec. 13105. Determination of substantial new question of patentability in reexam-
`ination proceedings.
`Sec. 13106. Appeals in inter partes reexamination proceedings.
`Subtitle B—Intellectual Property and High Technology Technical Amendments
`Sec. 13201. Short title.
`Sec. 13202. Clarification of Reexamination Procedure Act of 1999; technical amend-
`ments.
`Sec. 13203. Patent and Trademark Efficiency Act amendments.
`Sec. 13204. Domestic publication of foreign filed Patent Applications Act of 1999
`amendments.
`Sec. 13205. Domestic publication of patent applications published abroad.
`Sec. 13206. Miscellaneous clerical amendments.
`Sec. 13207. Technical corrections in trademark law.
`Sec. 13208. Patent and trademark fee clerical amendment.
`
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`116 STAT. 1762
`
`PUBLIC LAW 107–273—NOV. 2, 2002
`
`Sec. 13209. Copyright related corrections to 1999 Omnibus Reform Act.
`Sec. 13210. Amendments to title 17, United States Code.
`Sec. 13211. Other copyright related technical amendments.
`Subtitle C—Educational Use Copyright Exemption
`Sec. 13301. Educational use 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 DEPART-
`MENT OF JUSTICE APPROPRIATIONS
`AUTHORIZATION ACT
`TITLE I—AUTHORIZATION OF APPRO-
`PRIATIONS FOR FISCAL YEARS 2002
`AND 2003
`
`SEC. 101. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED FOR
`FISCAL YEAR 2002.
`There are authorized to be appropriated for fiscal year 2002,
`to carry out the activities of the Department of Justice (including
`any bureau, office, board, division, commission, subdivision, unit,
`or other component thereof), the following sums:
`(1) GENERAL ADMINISTRATION.—For General Administra-
`tion: $92,668,000.
`(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Adminis-
`trative Review and Appeals: $173,647,000 for administration
`of pardon and clemency petitions and for immigration-related
`activities.
`(3) OFFICE OF INSPECTOR GENERAL.—For the Office of
`Inspector General: $50,735,000, which shall include for each
`such fiscal year, not to exceed $10,000 to meet unforeseen
`emergencies of a confidential character.
`(4) GENERAL LEGAL ACTIVITIES.—For General Legal Activi-
`ties: $549,176,000, which shall include for each such fiscal
`year—
`
`(A) not less than $4,000,000 for the investigation and
`prosecution of denaturalization and deportation cases
`involving alleged Nazi war criminals; and
`(B) not to exceed $20,000 to meet unforeseen emer-
`gencies of a confidential character.
`(5) ANTITRUST DIVISION.—For the Antitrust Division:
`$130,791,000.
`(6) UNITED STATES ATTORNEYS.—For United States Attor-
`neys: $1,353,968,000, which shall
`include not
`less than
`$10,000,000 for the investigation and prosecution of intellectual
`property crimes, including software counterfeiting crimes and
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`PUBLIC LAW 107–273—NOV. 2, 2002
`
`116 STAT. 1763
`
`crimes identified in the No Electronic Theft (NET) Act (Public
`Law 105–147): Provided, That such amounts in the appropria-
`tions account ‘‘General Legal Services’’ as may be expended
`for such investigations or prosecutions shall count towards
`this minimum as though expended from this appropriations
`account.
`(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal
`Bureau of Investigation: $3,524,864,000, which shall include
`for each such fiscal year—
`(A) not to exceed $33,791,000 for construction, to
`remain available until expended; and
`(B) not to exceed $70,000 to meet unforeseen emer-
`gencies of a confidential character.
`(8) UNITED STATES MARSHALS SERVICE.—For the United
`States Marshals Service: $648,696,000, which shall include for
`each such fiscal year not to exceed $15,000,000 for construction,
`to remain available until expended.
`(9) FEDERAL PRISON SYSTEM.—For the Federal Prison
`System,
`including the National Institute of Corrections:
`$4,622,152,000.
`(10) FEDERAL PRISONER DETENTION.—For the support of
`United States prisoners in non-Federal institutions, as author-
`ized by section 4013(a) of title 18 of the United States Code:
`$706,182,000, to remain available until expended.
`(11) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug
`Enforcement Administration: $1,481,783,000, which shall
`include not to exceed $70,000 to meet unforeseen emergencies
`of a confidential character.
`(12) IMMIGRATION AND NATURALIZATION SERVICE.—For the
`Immigration and Naturalization Service: $3,499,854,000, which
`shall include—
`(A) not to exceed $2,739,695,000 for salaries and
`expenses of enforcement and border affairs (i.e., the Border
`Patrol, deportation, intelligence, investigations, and inspec-
`tion programs, and the detention program);
`(B) not to exceed $631,745,000 for salaries and
`expenses of citizenship and benefits (i.e., programs not
`included under subparagraph (A));
`(C) for each such fiscal year, not to exceed $128,454,000
`for construction, to remain available until expended; and
`(D) not to exceed $50,000 to meet unforeseen emer-
`gencies of a confidential character.
`(13) FEES AND EXPENSES OF WITNESSES.—For Fees and
`Expenses of Witnesses: $156,145,000 to remain available until
`expended, which shall include for each such fiscal year not
`to exceed $6,000,000 for construction of protected witness
`safesites.
`(14) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For
`Interagency Crime and Drug Enforcement: $338,577,000, for
`expenses not otherwise provided for, for the investigation and
`prosecution of persons involved in organized crime drug traf-
`ficking, except that any funds obligated from appropriations
`authorized by this paragraph may be used under authorities
`available to the organizations reimbursed from such funds.
`(15) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the
`Foreign Claims Settlement Commission: $1,136,000.
`
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`116 STAT. 1764
`
`PUBLIC LAW 107–273—NOV. 2, 2002
`
`(16) COMMUNITY RELATIONS SERVICE.—For the Community
`Relations Service: $9,269,000.
`(17) ASSETS FORFEITURE FUND.—For the Assets Forfeiture
`Fund: $22,949,000 for expenses authorized by section 524 of
`title 28, United States Code.
`(18) UNITED STATES PAROLE COMMISSION.—For the United
`States Parole Commission: $9,876,000.
`(19) FEDERAL DETENTION TRUSTEE.—For the necessary
`expenses of the Federal Detention Trustee: $1,000,000.
`(20) JOINT AUTOMATED BOOKING SYSTEM.—For expenses
`necessary for the operation of the Joint Automated Booking
`System: $1,000,000.
`(21) NARROWBAND COMMUNICATIONS.—For the costs of
`conversion to narrowband communications, including the cost
`for operation and maintenance of Land Mobile Radio legacy
`systems: $94,615,000.
`(22) RADIATION EXPOSURE COMPENSATION.—For administra-
`tive expenses in accordance with the Radiation Exposure Com-
`pensation 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 Administra-
`tion: $121,079,000.
`(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Adminis-
`trative Review and Appeals: $198,869,000 for administration
`of pardon and clemency petitions and for immigration-related
`activities.
`(3) OFFICE OF INSPECTOR GENERAL.—For the Office of
`Inspector General: $66,288,000, which shall include for each
`such fiscal year, not to exceed $10,000 to meet unforeseen
`emergencies of a confidential character.
`(4) GENERAL LEGAL ACTIVITIES.—For General Legal Activi-
`ties: $659,181,000, which shall include for each such fiscal
`year—
`
`(A) not less than $4,000,000 for the investigation and
`prosecution of denaturalization and deportation cases
`involving alleged Nazi war criminals; and
`(B) not to exceed $20,000 to meet unforeseen emer-
`gencies of a confidential character.
`(5) ANTITRUST DIVISION.—For the Antitrust Division:
`$141,855,000.
`(6) UNITED STATES ATTORNEYS.—For United States Attor-
`neys: $1,550,948,000, which shall
`include not
`less than
`$10,000,000 for the investigation and prosecution of intellectual
`property crimes, including software counterfeiting crimes and
`crimes identified in the No Electronic Theft (NET) Act (Public
`
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`PUBLIC LAW 107–273—NOV. 2, 2002
`
`116 STAT. 1765
`
`Law 105–147): Provided, That such amounts in the appropria-
`tions account ‘‘General Legal Services’’ as may be expended
`for such investigations or prosecutions shall count towards
`this minimum as though expended from this appropriations
`account.
`(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal
`Bureau of Investigation: $4,323,912,000, which shall include
`for each such fiscal year—
`(A) not to exceed $1,250,000 for construction, to remain
`available until expended; and
`(B) not to exceed $70,000 to meet unforeseen emer-
`gencies of a confidential character.
`(8) UNITED STATES MARSHALS SERVICE.—For the United
`States Marshals Service: $737,346,000, which shall include for
`each such fiscal year not to exceed $15,153,000 for construction,
`to remain available until expended.
`(9) FEDERAL PRISON SYSTEM.—For the Federal Prison
`System,
`including the National Institute of Corrections:
`$4,605,068,000.
`(10) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug
`Enforcement Administration: $1,582,044,000, which shall
`include not to exceed $70,000 to meet unforeseen emergencies
`of a confidential character.
`(11) IMMIGRATION AND NATURALIZATION SERVICE.—For the
`Immigration and Naturalization Service: $4,131,811,000, which
`shall include—
`(A) not to exceed $3,253,561,000 for salaries and
`expenses of Border Patrol, detention and removals, intel-
`ligence,
`investigations,
`inspections, and
`international
`enforcement, including not to exceed $50,000 to meet
`unforeseen emergencies of a confidential character;
`(B) not to exceed $88,598,000 for salaries and expenses
`of immigration services, including international services;
`and
`
`(C) not to exceed $789,652,000 for salaries and
`expenses for support and administration (i.e., data and
`communications, information and records management,
`construction, etc.).
`(12) FEES AND EXPENSES OF WITNESSES.—For Fees and
`Expenses of Witnesses: $156,145,000 to remain available until
`expended, which shall include for each such fiscal year not
`to exceed $6,000,000 for construction of protected witness
`safesites.
`(13) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For
`Interagency Crime and Drug Enforcement: $362,131,000, for
`expenses not otherwise provided for, for the investigation and
`prosecution of persons involved in organized crime drug traf-
`ficking, except that any funds obligated from appropriations
`authorized by this paragraph may be used under authorities
`available to the organizations reimbursed from such funds.
`(14) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the
`Foreign Claims Settlement Commission: $1,194,000.
`(15) COMMUNITY RELATIONS SERVICE.—For the Community
`Relations Service: $10,732,000.
`(16) ASSETS FORFEITURE FUND.—For the Assets Forfeiture
`Fund: $22,949,000 for expenses authorized by section 524 of
`title 28, United States Code.
`
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`116 STAT. 1766
`
`PUBLIC LAW 107–273—NOV. 2, 2002
`
`(17) UNITED STATES PAROLE COMMISSION.—For the United
`States Parole Commission: $11,355,000.
`(18) FEDERAL DETENTION TRUSTEE.—For the necessary
`expenses of the Federal Detention Trustee: $1,388,583,000.
`(19) IDENTIFICATION SYSTEM INTEGRATION.—For expenses
`necessary for the operation of the Identification System Integra-
`tion: $24,505,000.
`(20) NARROWBAND COMMUNICATIONS.—For the costs of
`conversion to narrowband communications, including the cost
`for operation and maintenance of Land Mobile Radio legacy
`systems: $149,292,000.
`(21) RADIATION EXPOSURE COMPENSATION.—For administra-
`tive expenses in accordance with the Radiation Exposure Com-
`pensation Act: such sums as necessary.
`(22) COUNTERTERRORISM FUND.—For the Counterterrorism
`Fund for necessary expenses, as determined by the Attorney
`General: $35,000,000.
`(23) OFFICE OF JUSTICE PROGRAMS.—For administrative
`expenses not otherwise provided for, of the Office of Justice
`Programs: $215,811,000.
`(24) LEGAL ACTIVITIES OFFICE.—For necessary expenses
`related to office automation: $15,942,000.
`SEC. 103. APPOINTMENT OF ADDITIONAL ASSISTANT UNITED STATES
`ATTORNEYS; REDUCTION OF CERTAIN LITIGATION POSI-
`TIONS.
`(a) APPOINTMENTS.—Not later than September 30, 2003, the
`Attorney General may exercise authority under section 542 of title
`28, United States Code, to appoint 200 assistant United States
`attorneys in addition to the number of assistant United States
`attorneys serving on the date of the enactment of this Act.
`(b) SELECTION OF APPOINTEES.—Individuals first appointed
`under subsection (a) shall be appointed from among attorneys who
`are incumbents of 200 full-time litigation positions in divisions
`of the Department of Justice and whose official duty station is
`at the seat of Government.
`(c) TERMINATION OF POSITIONS.—Each of the 200 litigation posi-
`tions that become vacant by reason of an appointment made in
`accordance with subsections (a) and (b) shall be terminated at
`the time the vacancy arises.
`(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
`to be appropriated such sums as may be necessary to carry out
`this section.
`SEC. 104. AUTHORIZATION FOR ADDITIONAL ASSISTANT UNITED
`STATES ATTORNEYS FOR PROJECT SAFE NEIGHBOR-
`HOODS.
`(a) IN GENERAL.—The Attorney General shall establish a pro-
`gram for each United States Attorney to provide for coordination
`with State and local law enforcement officials in the identification
`and prosecution of violations of Federal firearms laws including
`school gun violence and juvenile gun offenses.
`(b) AUTHORIZATION FOR HIRING 94 ADDITIONAL ASSISTANT
`UNITED STATES ATTORNEYS.—There are authorized to be appro-
`priated to carry out this section $9,000,000 for fiscal year 2002
`to hire an additional Assistant United States Attorney in each
`United States Attorney Office.
`
`Deadline.
`
`28 USC 509 note.
`
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`PUBLIC LAW 107–273—NOV. 2, 2002
`
`116 STAT. 1767
`
`TITLE II—PERMANENT ENABLING
`PROVISIONS
`
`SEC. 201. PERMANENT AUTHORITY.
`(a) IN GENERAL.—Chapter 31 of title 28, United States Code,
`is amended by adding at the end the following:
`‘‘§ 530C. Authority to use available 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 reimburs-
`able, partially-reimbursable, or nonreimbursable basis;
`‘‘(3) through reimbursable agreements with other Federal
`agencies for work, materials, or equipment;
`‘‘(4) through contracts, grants, or cooperative agreements
`with non-Federal parties; and
`‘‘(5) as provided in subsection (b), in section 524, and in
`any other provision of law consistent herewith, including, with-
`out limitation, section 102(b) of Public Law 102–395 (106 Stat.
`1838), as incorporated by section 815(d) of Public Law 104–
`132 (110 Stat. 1315).
`‘‘(b) PERMITTED USES.—
`‘‘(1) GENERAL PERMITTED USES.—Funds available to the
`Attorney General (i.e., all funds available to carry out the
`activities described in subsection (a)) may be used, without
`limitation, for the following:
`‘‘(A) The purchase, lease, maintenance, and operation
`of passenger motor vehicles, or police-type motor vehicles
`for law enforcement purposes, without regard to general
`purchase price limitation for the then-current fiscal year.
`‘‘(B) The purchase of insurance for motor vehicles,
`boats, and aircraft operated in official Government business
`in foreign countries.
`‘‘(C) Services of experts and consultants, including pri-
`vate counsel, as authorized by section 3109 of title 5, and
`at rates of pay for individuals not to exceed 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 estab-
`lished, and rules issued, by the Attorney General, and
`expenses of public tours of facilities of the Department
`of Justice.
`‘‘(E) Unforeseen emergencies of a confidential char-
`acter, to be expended under the direction of the Attorney
`
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`PUBLIC LAW 107–273—NOV. 2, 2002
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`General and accounted for solely on the certificate of the
`Attorney General.
`‘‘(F) Miscellaneous and emergency expenses authorized
`or approved by the Attorney General, the Deputy Attorney
`General, the Associate Attorney General, or the Assistant
`Attorney General for Administration.
`‘‘(G) In accordance with procedures established and
`rules issued by the Attorney General—
`‘‘(i) attendance at meetings and seminars;
`‘‘(ii) conferences and training; and
`‘‘(iii) advances of public moneys under section 3324
`of title 31: Provided, That travel advances of such
`moneys to law enforcement personnel engaged in
`undercover activity shall be considered to be public
`money for purposes of section 3527 of title 31.
`‘‘(H) Contracting with individuals for personal services
`abroad, except that such individuals shall not be regarded
`as employees of the United States for the purpose of any
`law administered by the Office of Personnel Management.
`‘‘(I) Payment of interpreters and translators who are
`not citizens of the United States, in accordance with proce-
`dures established and rules issued by the Attorney General.
`‘‘(J) Expenses or allowances for uniforms as authorized
`by section 5901 of title 5, but without regard to the general
`purchase price limitation for the then-current fiscal year.
`‘‘(K) Expenses of—
`‘‘(i) primary and secondary schooling for depend-
`ents of personnel stationed outside the United States
`at cost not in excess of those authorized by the Depart-
`ment of Defense for the same area, when it is deter-
`mined by the Attorney General that schools available
`in the locality are unable to provide adequately for
`the education of such dependents; and
`‘‘(ii) transportation of those dependents between
`their place of residence and schools serving the area
`which those dependents would normally attend when
`the Attorney General, under such regulations as he
`may prescribe, determines that such schools are not
`accessible by public means of transportation.
`‘‘(L) payment of rewards (i.e., payments pursuant to
`public advertisements for assistance to the Department
`of Justice), in accordance with procedures and regulations
`established or issued by the Attorney General: Provided,
`That—
`
`‘‘(i) no such reward shall exceed $2,000,000,
`unless—
`
`‘‘(I) the reward is to combat domestic terrorism
`or international terrorism (as defined in section
`2331 of title 18); or
`‘‘(II) a statute should authorize a higher
`amount;
`‘‘(ii) no such reward of $250,000 or more may be
`made or offered without the personal approval of either
`the Attorney General or the President;
`‘‘(iii) the Attorney General shall give written notice
`to the Chairmen and ranking minority members of
`the Committees on Appropriations and the Judiciary
`
`Notice.
`Deadline.
`
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`116 STAT. 1769
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`of the Senate and of the House of Represe