Pub. L. 107-273, div. A, tit. II, sec. 205

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

EnactedYear: 2002Length: 1,014 wordsOfficial source
SEC. 205. OVERSIGHT; WASTE, FRAUD, AND ABUSE WITHIN THE DEPARTMENT OF JUSTICE. (a) Section 529 of title 28, United States Code, is amended by inserting “(a)” before “Beginning”, and by adding at the end the following: “(b) Notwithstanding any provision of law limiting the amount of management or administrative expenses, the Attorney General shall, not later than May 2, 2003, and of every year thereafter, prepare and provide to the Committees on the Judiciary and Appropriations of each House of the Congress using funds available for the underlying programs— “(1) a report identifying and describing every grant (other than one made to a governmental entity, pursuant to a statutory formula), cooperative agreement, or programmatic services contract that was made, entered into, awarded, or, for which additional or supplemental funds were provided in the immediately preceding fiscal year, by or on behalf of the Office of Justice Programs (including any component or unit thereof, and the Office of Community Oriented Policing Services), and including, without limitation, for each such grant, cooperative agreement, or contract: the term, the dollar amount or value, a description of its specific purpose or purposes, the names of all grantees or parties, the names of each unsuccessful applicant or bidder, and a description of the specific purpose or purposes proposed in each unsuccessful application or bid, and of the reason or reasons for rejection or denial of the same; and “(2) a report identifying and reviewing every grant (other than one made to a governmental entity, pursuant to a statutory formula), cooperative agreement, or programmatic services contract over $5,000,000 made, entered into, awarded, or for which additional or supplemental funds were provided, after October 1, 2002, by or on behalf of the Office of Justice Programs (including any component or unit thereof, and the Office of Community Oriented Policing Services) that was programmatically and financially closed out or that otherwise ended in the immediately preceding fiscal year (or even if not yet closed out, was terminated or otherwise ended in the fiscal year that ended 2 years before the end of such immediately preceding fiscal year), and including, without limitation, for each such grant, cooperative agreement, or contract: a description of how the appropriated funds involved actually were spent, statistics relating to its performance, its specific purpose or purposes, and its effectiveness, and a written declaration by each non-Federal grantee and each non-Federal party to such agreement or to such contract, that— “(A) the appropriated funds were spent for such purpose or purposes, and only such purpose or purposes; “(B) the terms of the grant, cooperative agreement, or contract were complied with; and “(C) all documentation necessary for conducting a full and proper audit under generally accepted accounting principles, and any (additional) documentation that may nave been required under the grant, cooperative agreement, or contract, have been kept in orderly fashion and will be preserved for not less than 3 years from the date of such close out, termination, or end; 116 STAT. 1778except that the requirement of this paragraph shall be deemed satisfied with respect to any such description, statistics, or declaration if such non-Federal grantee or such non-Federal party shall have failed to provide the same to the Attorney General, and the Attorney General notes the fact of such failure and the name of such grantee or such party in the report.”. (b) Section 1913 of title 18, United States Code, is amended by striking “to favor” and inserting “a jurisdiction, or an official of any government, to favor, adopt,”, by inserting “, law, ratification, policy,” after “legislation” every place it appears, by striking “by Congress” the 2d place it appears, by inserting “or such official” before “, through the proper”, by inserting “, measure,” before “or resolution”, by striking “Members of Congress on the request of any Member” and inserting “any such Member or official, at his request,”, by striking “for legislation” and inserting “for any legislation”, and by striking the period and the paragraph following “business” and inserting “, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 31.”. (c) Section 1516(a) of title 18, United States Code, is amended by inserting “, entity, or program” after “person”, and by inserting “grant, or cooperative agreement,” after “subcontract,”. (d) Section 112 of title I of section 101(b) of division A of Public Law 105—277 (112 Stat. 2681-67) is amended by striking “fiscal year” and all that follows through “Justice—”, and inserting “any fiscal year the Attorney General—”. (e) Section 2320(f) of title 18, United States Code, is amended— (1) by striking “title 18” each place it appears and inserting “this title”; and (2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; (3) by inserting “(1)” after “(f)”; and (4) by adding at the end the following: “(2)(A) The report under paragraph (1), with respect to criminal infringement of copyright, shall include the following: “(i) The number of infringement cases in these categories: audiovisual (videos and films); audio (sound recordings); literary works (books and musical compositions); computer programs; video games; and, others. “(ii) The number of online infringement cases. “(iii) The number and dollar amounts of fines assessed in specific categories of dollar amounts. These categories shall be: no fines ordered; fines under $500; fines from $500 to $1,000; fines from $1,000 to $5,000; fines from $5,000 to $10,000; and fines over $10,000. “(iv) The total amount of restitution ordered in all copyright infringement cases. “(B) In this paragraph, the term ‘online infringement cases’ as used in paragraph (2) means those cases where the infringer— “(i) advertised or publicized the infringing work on the Internet; or “(ii) made the infringing work available on the Internet for download, reproduction, performance, or distribution by other persons. 116 STAT. 1779 “(C) The information required under subparagraph (A) shall be submitted in the report required in fiscal year 2005 and thereafter.”.