*TITLE I-PUBLIC SAFETY AND POLICING * *SEC. 101. SHORT TITLE. * * This title may be cited as the "Public Safety Partnership and * *Community Policing Act of 1993". * *SEC. 102. FINDINGS AND PURPOSES. * * (a) FINDINGS.-THE CONGRESS FINDS THAT- * * (1) ACCORDING TO DATA COMPILED BY THE FEDERAL BUREAU OF * * INVESTIGATION, IN 1961, THERE WAS APPROXIMATELY 1 REPORTED VIOLENT * * CRIME PER CITY POLICE OFFICER, BUT WHILE FROM 1961 TO 1991 THERE WAS* * NO SUBSTANTIAL INCREASE IN UNITED STATES CITIES' POLICE EMPLOYMENT * * RATE, DURING THE SAME PERIOD THE NUMBER OF REPORTED VIOLENT CRIMES * * PER CITY POLICE OFFICER ROSE TO APPROXIMATELY 4.6 PER OFFICER; * * (2) NATIONAL CRIME SURVEY FIGURES INDICATE THAT NEARLY 5,000,000 * * HOUSEHOLDS IN THE UNITED STATES HAD AT LEAST 1 MEMBER WHO HAD BEEN A* * VICTIM OF VIOLENT CRIME DURING 1991; * * (3) THESE VICTIMS OF VIOLENCE EXPERIENCED MORE THAN 6,400,000 * * CRIMES OF WHICH ABOUT ONE-HALF WERE REPORTED TO LAW ENFORCEMENT * * AUTHORITIES; * * (4) COMMUNITY-ORIENTED POLICING ("COPS ON THE BEAT") ENHANCES * * COMMUNICATION AND COOPERATION BETWEEN LAW ENFORCEMENT AND MEMBERS OF* * THE COMMUNITY; * * (5) SUCH COMMUNICATION AND COOPERATION BETWEEN LAW ENFORCEMENT AND* * MEMBERS OF THE COMMUNITY SIGNIFICANTLY ASSISTS IN PREVENTING AND * * CONTROLLING CRIME AND VIOLENCE, THUS ENHANCING PUBLIC SAFETY; AND * * (6) WHILE INCREASING AND MAINTAINING POLICE RESOURCES AND PRESENCE* * IN THE COMMUNITY ARE THE LONG-TERM RESPONSIBILITY OF STATE AND LOCAL* * GOVERNMENTS, STATE AND LOCAL LAW ENFORCEMENT AGENCIES ARE IN NEED OF* * IMMEDIATE ASSISTANCE TO BEGIN THE PROCESS OF REHIRING OFFICERS WHO * * HAVE BEEN LAID OFF FOR BUDGETARY REASONS AND HIRING NEW, ADDITIONAL * * OFFICERS TO ASSIST IN THE IMPLEMENTATION OF COMMUNITY-ORIENTED * * POLICING. * * (B) PURPOSES.-THE PURPOSES OF THIS TITLE ARE TO- * * (1) SUBSTANTIALLY INCREASE THE NUMBER OF LAW ENFORCEMENT OFFICERS * * INTERACTING DIRECTLY WITH MEMBERS OF THE COMMUNITY ("COPS ON THE * * BEAT"); * * (2) PROVIDE ADDITIONAL AND MORE EFFECTIVE TRAINING TO LAW * * ENFORCEMENT OFFICERS TO ENHANCE THEIR PROBLEM SOLVING, SERVICE, AND * * OTHER SKILLS NEEDED IN INTERACTING WITH MEMBERS OF THE COMMUNITY; * * (3) ENCOURAGE THE DEVELOPMENT AND IMPLEMENTATION OF INNOVATIVE * * PROGRAMS TO PERMIT MEMBERS OF THE COMMUNITY TO ASSIST STATE AND * * LOCAL LAW ENFORCEMENT AGENCIES IN THE PREVENTION OF CRIME IN THE * * COMMUNITY; AND * * (4) ENCOURAGE THE DEVELOPMENT OF NEW TECHNOLOGIES TO ASSIST STATE * * AND LOCAL LAW ENFORCEMENT AGENCIES IN REORIENTING THE EMPHASIS OF * * THEIR ACTIVITIES FROM REACTING TO CRIME TO PREVENTING CRIME, * *BY ESTABLISHING A PROGRAM OF GRANTS AND ASSISTANCE IN FURTHERANCE OF * *THESE OBJECTIVES, INCLUDING THE AUTHORIZATION FOR A PERIOD OF 6 YEARS OF* *GRANTS FOR THE HIRING AND REHIRING OF ADDITIONAL CAREER LAW ENFORCEMENT * *OFFICERS. * *SEC. 103. COMMUNITY POLICING; "COPS ON THE BEAT". * * (a) IN GENERAL.-TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS * *ACT OF 1968 (42 U.S.C. 3711 ET SEQ.) IS AMENDED- * * (1) BY REDESIGNATING PART Q AS PART R; * * (2) BY REDESIGNATING SECTION 1701 AS SECTION 1801; AND * * (3) BY INSERTING AFTER PART P THE FOLLOWING NEW PART: * *"PART Q-PUBLIC SAFETY AND CITY POLICING; 'COPS ON THE BEAT' * *"SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING * *GRANTS. * * "(a) GRANT AUTHORIZATION.-THE ATTORNEY GENERAL MAY MAKE GRANTS TO * *UNITS OF STATE AND LOCAL GOVERNMENT, AND TO OTHER PUBLIC AND PRIVATE * *ENTITIES, TO INCREASE POLICE PRESENCE, TO EXPAND AND IMPROVE COOPERATIVE* *EFFORTS BETWEEN LAW ENFORCEMENT AGENCIES AND MEMBERS OF THE COMMUNITY TO* *ADDRESS CRIME AND DISORDER PROBLEMS, AND OTHERWISE TO ENHANCE PUBLIC * *SAFETY. * * "(B) REHIRING AND HIRING GRANT PROJECTS.-GRANTS MADE UNDER SUBSECTION * *(A) MAY BE USED FOR PROGRAMS, PROJECTS, AND OTHER ACTIVITIES TO- * * "(1) REHIRE LAW ENFORCEMENT OFFICERS WHO HAVE BEEN LAID OFF AS A * * RESULT OF STATE AND LOCAL BUDGET REDUCTIONS FOR DEPLOYMENT IN * * COMMUNITY-ORIENTED POLICING; AND * * "(2) HIRE NEW, ADDITIONAL CAREER LAW ENFORCEMENT OFFICERS FOR * * DEPLOYMENT IN COMMUNITY-ORIENTED POLICING ACROSS THE NATION. * * "(C) TROOPS-TO-COPS PROGRAMS.-(1) GRANTS MADE UNDER SUBSECTION (A) MAY* *BE USED TO HIRE FORMER MEMBERS OF THE ARMED FORCES TO SERVE AS CAREER * *LAW ENFORCEMENT OFFICERS FOR DEPLOYMENT IN COMMUNITY-ORIENTED POLICING, * *PARTICULARLY IN COMMUNITIES THAT ARE ADVERSELY AFFECTED BY A RECENT * *MILITARY BASE CLOSING. * * "(2) IN THIS SUBSECTION, 'FORMER MEMBER OF THE ARMED FORCES' MEANS A * *MEMBER OF THE ARMED FORCES OF THE UNITED STATES WHO IS INVOLUNTARILY * *SEPARATED FROM THE ARMED FORCES WITHIN THE MEANING OF SECTION 1141 OF * *TITLE 10, UNITED STATES CODE. * * "(D) ADDITIONAL GRANT PROJECTS.-GRANTS MADE UNDER SUBSECTION (A) MAY * *INCLUDE PROGRAMS, PROJECTS, AND OTHER ACTIVITIES TO- * * "(1) INCREASE THE NUMBER OF LAW ENFORCEMENT OFFICERS INVOLVED IN * * ACTIVITIES THAT ARE FOCUSED ON INTERACTION WITH MEMBERS OF THE * * COMMUNITY ON PROACTIVE CRIME CONTROL AND PREVENTION BY REDEPLOYING * * OFFICERS TO SUCH ACTIVITIES; * * "(2) PROVIDE SPECIALIZED TRAINING TO LAW ENFORCEMENT OFFICERS TO * * ENHANCE THEIR CONFLICT RESOLUTION, MEDIATION, PROBLEM SOLVING, * * SERVICE, AND OTHER SKILLS NEEDED TO WORK IN PARTNERSHIP WITH MEMBERS* * OF THE COMMUNITY; * * "(3) INCREASE POLICE PARTICIPATION IN MULTIDISCIPLINARY EARLY * * INTERVENTION TEAMS; * * "(4) DEVELOP NEW TECHNOLOGIES TO ASSIST STATE AND LOCAL LAW * * ENFORCEMENT AGENCIES IN REORIENTING THE EMPHASIS OF THEIR ACTIVITIES* * FROM REACTING TO CRIME TO PREVENTING CRIME; * * "(5) DEVELOP AND IMPLEMENT INNOVATIVE PROGRAMS TO PERMIT MEMBERS * * OF THE COMMUNITY TO ASSIST STATE AND LOCAL LAW ENFORCEMENT AGENCIES* * IN THE PREVENTION OF CRIME IN THE COMMUNITY, SUCH AS A CITIZENS * * POLICE ACADEMY, INCLUDING PROGRAMS DESIGNED TO INCREASE THE LEVEL OF* * ACCESS TO THE CRIMINAL JUSTICE SYSTEM ENJOYED BY VICTIMS, WITNESSES,* * AND ORDINARY CITIZENS BY ESTABLISHING DECENTRALIZED SATELLITE * * OFFICES (INCLUDING VIDEO FACILITIES) OF PRINCIPAL CRIMINAL COURTS * * BUILDINGS; * * "(6) ESTABLISH INNOVATIVE PROGRAMS TO REDUCE, AND KEEP TO A * * MINIMUM, THE AMOUNT OF TIME THAT LAW ENFORCEMENT OFFICERS MUST BE AWAY * * FROM THE COMMUNITY WHILE AWAITING COURT APPEARANCES; * * "(7) ESTABLISH AND IMPLEMENT INNOVATIVE PROGRAMS TO INCREASE AND * * ENHANCE PROACTIVE CRIME CONTROL AND PREVENTION PROGRAMS INVOLVING * * LAW ENFORCEMENT OFFICERS AND YOUNG PERSONS IN THE COMMUNITY; AND * * "(8) DEVELOP AND ESTABLISH NEW ADMINISTRATIVE AND MANAGERIAL * * SYSTEMS TO FACILITATE THE ADOPTION OF COMMUNITY-ORIENTED POLICING AS* * AN ORGANIZATION-WIDE PHILOSOPHY. * * "(E) PREFERENTIAL CONSIDERATION OF APPLICATIONS FOR CERTAIN GRANTS.-IN* *AWARDING GRANTS UNDER THIS PART, THE ATTORNEY GENERAL SHALL GIVE * *PREFERENTIAL CONSIDERATION, WHERE FEASIBLE, TO APPLICATIONS FOR HIRING * *AND REHIRING ADDITIONAL CAREER LAW ENFORCEMENT OFFICERS THAT INVOLVE- * * (1) A NON-FEDERAL CONTRIBUTION EXCEEDING THE 25 PERCENT MINIMUM * * UNDER SUBSECTION (I); AND * * (2) HIRING FORMER MEMBERS OF THE ARMED FORCES TO SERVE AS CAREER * * LAW ENFORCEMENT OFFICERS UNDER SUBSECTION (C). * * "(F) TECHNICAL ASSISTANCE.-(1) THE ATTORNEY GENERAL MAY PROVIDE * *TECHNICAL ASSISTANCE TO UNITS OF STATE AND LOCAL GOVERNMENT, AND TO * *OTHER PUBLIC AND PRIVATE ENTITIES, IN FURTHERANCE OF THE PURPOSES OF THE* *PUBLIC SAFETY PARTNERSHIP AND COMMUNITY POLICING ACT OF 1993. * * "(2) THE TECHNICAL ASSISTANCE PROVIDED BY THE ATTORNEY GENERAL MAY * *INCLUDE THE DEVELOPMENT OF A FLEXIBLE MODEL THAT WILL DEFINE FOR STATE * *AND LOCAL GOVERNMENTS, AND OTHER PUBLIC AND PRIVATE ENTITIES, * *DEFINITIONS AND STRATEGIES ASSOCIATED WITH COMMUNITY OR * *PROBLEM-ORIENTED POLICING AND METHODOLOGIES FOR ITS IMPLEMENTATION. * * "(3) THE TECHNICAL ASSISTANCE PROVIDED BY THE ATTORNEY GENERAL MAY * *INCLUDE THE ESTABLISHMENT AND OPERATION OF TRAINING CENTERS OR * *FACILITIES, EITHER DIRECTLY OR BY CONTRACTING OR COOPERATIVE * *ARRANGEMENTS. THE FUNCTIONS OF THE CENTERS OR FACILITIES ESTABLISHED * *UNDER THIS PARAGRAPH MAY INCLUDE INSTRUCTION AND SEMINARS FOR POLICE * *EXECUTIVES, MANAGERS, TRAINERS AND SUPERVISORS CONCERNING COMMUNITY OR * *PROBLEM-ORIENTED POLICING AND IMPROVEMENTS IN POLICE-COMMUNITY * *INTERACTION AND COOPERATION THAT FURTHER THE PURPOSES OF THE PUBLIC * *SAFETY PARTNERSHIP AND COMMUNITY POLICING ACT OF 1993. * * "(G) UTILIZATION OF COMPONENTS.-THE ATTORNEY GENERAL MAY UTILIZE ANY * *COMPONENT OR COMPONENTS OF THE DEPARTMENT OF JUSTICE IN CARRYING OUT * *THIS PART. * * "(H) MINIMUM AMOUNT.-EACH QUALIFYING STATE, TOGETHER WITH GRANTEES * *WITHIN THE STATE, SHALL RECEIVE IN EACH FISCAL YEAR PURSUANT TO * *SUBSECTION (A) NOT LESS THAN 0.6 PERCENT OF THE TOTAL AMOUNT * *APPROPRIATED IN THE FISCAL YEAR FOR GRANTS PURSUANT TO THAT SUBSECTION. * *IN THIS SUBSECTION, 'QUALIFYING STATE' MEANS ANY STATE WHICH HAS * *SUBMITTED AN APPLICATION FOR A GRANT, OR IN WHICH AN ELIGIBLE ENTITY HAS* *SUBMITTED AN APPLICATION FOR A GRANT, WHICH MEETS THE REQUIREMENTS * *PRESCRIBED BY THE ATTORNEY GENERAL AND THE CONDITIONS SET OUT IN THIS * *PART. * * "(I) MATCHING FUNDS.-THE PORTION OF THE COSTS OF A PROGRAM, PROJECT, * *OR ACTIVITY PROVIDED BY A GRANT UNDER SUBSECTION (A) MAY NOT EXCEED 75 * *PERCENT, UNLESS THE ATTORNEY GENERAL WAIVES, WHOLLY OR IN PART, THE * *REQUIREMENT UNDER THIS SUBSECTION OF A NON-FEDERAL CONTRIBUTION TO THE * *COSTS OF A PROGRAM, PROJECT, OR ACTIVITY. IN RELATION TO A GRANT FOR A * *PERIOD EXCEEDING 1 YEAR FOR HIRING OR REHIRING CAREER LAW ENFORCEMENT * *OFFICERS, THE FEDERAL SHARE SHALL DECREASE FROM YEAR TO YEAR FOR UP TO 5* *YEARS, LOOKING TOWARD THE CONTINUATION OF THE INCREASED HIRING LEVEL * *USING STATE OR LOCAL SOURCES OF FUNDING FOLLOWING THE CONCLUSION OF * *FEDERAL SUPPORT, AS PROVIDED IN AN APPROVED PLAN PURSUANT TO SECTION * *1702(C)(8). * * "(J) ALLOCATION OF FUNDS.-THE FUNDS AVAILABLE UNDER THIS PART SHALL BE* *ALLOCATED AS PROVIDED IN SECTION 1001(A)(11)(B). * * "(K) TERMINATION OF GRANTS FOR HIRING OFFICERS.-THE AUTHORITY UNDER * *SUBSECTION (A) OF THIS SECTION TO MAKE GRANTS FOR THE HIRING AND * *REHIRING OF ADDITIONAL CAREER LAW ENFORCEMENT OFFICERS SHALL LAPSE AT * *THE CONCLUSION OF 6 YEARS FROM THE DATE OF ENACTMENT OF THIS PART. PRIOR* *TO THE EXPIRATION OF THIS GRANT AUTHORITY, THE ATTORNEY GENERAL SHALL * *SUBMIT A REPORT TO CONGRESS CONCERNING THE EXPERIENCE WITH AND EFFECTS * *OF SUCH GRANTS. THE REPORT MAY INCLUDE ANY RECOMMENDATIONS THE ATTORNEY * *GENERAL MAY HAVE FOR AMENDMENTS TO THIS PART AND RELATED PROVISIONS OF * *LAW IN LIGHT OF THE TERMINATION OF THE AUTHORITY TO MAKE GRANTS FOR THE * *HIRING AND REHIRING OF ADDITIONAL CAREER LAW ENFORCEMENT OFFICERS. * *"SEC. 1702. APPLICATIONS. * * "(a) IN GENERAL.-NO GRANT MAY BE MADE UNDER THIS PART UNLESS AN * *APPLICATION HAS BEEN SUBMITTED TO, AND APPROVED BY, THE ATTORNEY * *GENERAL. * * "(B) APPLICATION.-AN APPLICATION FOR A GRANT UNDER THIS PART SHALL BE * *SUBMITTED IN SUCH FORM, AND CONTAIN SUCH INFORMATION, AS THE ATTORNEY * *GENERAL MAY PRESCRIBE BY REGULATION OR GUIDELINES. * * "(C) CONTENTS.-IN ACCORDANCE WITH THE REGULATIONS OR GUIDELINES * *ESTABLISHED BY THE ATTORNEY GENERAL, EACH APPLICATION FOR A GRANT UNDER * *THIS PART SHALL- * * "(1) INCLUDE A LONG-TERM STRATEGY AND DETAILED IMPLEMENTATION PLAN* * THAT REFLECTS CONSULTATION WITH COMMUNITY GROUPS AND APPROPRIATE * * PRIVATE AND PUBLIC AGENCIES AND REFLECTS CONSIDERATION OF THE * * STATEWIDE STRATEGY UNDER SECTION 503(A)(1); * * "(2) DEMONSTRATE A SPECIFIC PUBLIC SAFETY NEED; * * "(3) EXPLAIN THE LOCALITY'S INABILITY TO ADDRESS THE NEED WITHOUT * * FEDERAL ASSISTANCE; * * "(4) IDENTIFY RELATED GOVERNMENTAL AND COMMUNITY INITIATIVES WHICH* * COMPLEMENT OR WILL BE COORDINATED WITH THE PROPOSAL; * * "(5) CERTIFY THAT THERE HAS BEEN APPROPRIATE COORDINATION WITH ALL* * AFFECTED AGENCIES; * * "(6) OUTLINE THE INITIAL AND ONGOING LEVEL OF COMMUNITY SUPPORT * * FOR IMPLEMENTING THE PROPOSAL INCLUDING FINANCIAL AND IN-KIND * * CONTRIBUTIONS OR OTHER TANGIBLE COMMITMENTS; * * "(7) SPECIFY PLANS FOR OBTAINING NECESSARY SUPPORT AND CONTINUING * * THE PROPOSED PROGRAM, PROJECT, OR ACTIVITY FOLLOWING THE CONCLUSION * * OF FEDERAL SUPPORT; AND * * "(8) IF THE APPLICATION IS FOR A GRANT FOR HIRING OR REHIRING * * ADDITIONAL CAREER LAW ENFORCEMENT OFFICERS- * * "(A) SPECIFY PLANS FOR THE ASSUMPTION BY THE GRANTEE OF A * * PROGRESSIVELY LARGER SHARE OF THE COST IN THE COURSE OF TIME, * * LOOKING TOWARD THE CONTINUATION OF THE INCREASED HIRING LEVEL * * USING STATE OR LOCAL SOURCES OF FUNDING FOLLOWING THE CONCLUSION* * OF FEDERAL SUPPORT; * * "(B) ASSESS THE IMPACT, IF ANY, OF THE INCREASE IN POLICE * * RESOURCES ON OTHER COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM; * * AND * * "(C) EXPLAIN HOW THE GRANT WILL BE UTILIZED TO REORIENT THE * * AFFECTED LAW ENFORCEMENT AGENCY'S MISSION TOWARD * * COMMUNITY-ORIENTED POLICING OR ENHANCE ITS INVOLVEMENT IN OR * * COMMITMENT TO COMMUNITY-ORIENTED POLICING. * *"SEC. 1703. REVIEW OF APPLICATIONS BY STATE OFFICE. * * "(a) IN GENERAL.-EXCEPT AS PROVIDED IN SUBSECTION (C) OR (D), AN * *APPLICANT FOR A GRANT UNDER THIS PART SHALL SUBMIT AN APPLICATION TO THE* *STATE OFFICE DESIGNATED UNDER SECTION 507 IN THE STATE IN WHICH THE * *APPLICANT IS LOCATED FOR INITIAL REVIEW. * * "(B) INITIAL REVIEW OF APPLICATION.-(1) THE STATE OFFICE REFERRED TO * *IN SUBSECTION (A) SHALL REVIEW APPLICATIONS FOR GRANTS UNDER THIS PART * *SUBMITTED TO IT, BASED UPON CRITERIA SPECIFIED BY THE ATTORNEY GENERAL * *BY REGULATION OR GUIDELINES. * * "(2) UPON COMPLETION OF THE REVIEWS REQUIRED BY PARAGRAPH (1), THE * *STATE OFFICE REFERRED TO IN SUBSECTION (A) SHALL DETERMINE WHICH, IF * *ANY, OF THE APPLICATIONS FOR GRANTS UNDER THIS PART ARE MOST LIKELY TO * *BE SUCCESSFUL IN ACHIEVING THE PURPOSES OF THE PUBLIC SAFETY PARTNERSHIP* *AND COMMUNITY POLICING ACT OF 1993. * * "(3)(A) THE STATE OFFICE REFERRED TO IN SUBSECTION (A) SHALL LIST THE * *APPLICATIONS FOR GRANTS UNDER THIS PART IN ORDER OF THEIR LIKELIHOOD OF * *ACHIEVING THE PURPOSES OF THE PUBLIC SAFETY PARTNERSHIP AND COMMUNITY * *POLICING ACT OF 1993 AND SHALL SUBMIT THE LIST ALONG WITH ALL GRANT * *APPLICATIONS AND SUPPORTING MATERIALS RECEIVED TO THE ATTORNEY GENERAL. * * "(B) IN MAKING THE SUBMISSION TO THE ATTORNEY GENERAL REQUIRED BY * *SUBPARAGRAPH (A), THE STATE OFFICE REFERRED TO IN SUBSECTION (A) MAY * *RECOMMEND THAT A PARTICULAR APPLICATION OR APPLICATIONS SHOULD RECEIVE * *SPECIAL PRIORITY AND PROVIDE SUPPORTING REASONS FOR THE RECOMMENDATION. * * "(C) DIRECT APPLICATION TO THE ATTORNEY GENERAL BY CERTAIN * *MUNICIPALITIES.-NOTWITHSTANDING SUBSECTION (A), MUNICIPALITIES THE * *POPULATION OF WHICH EXCEEDS 150,000 MAY SUBMIT AN APPLICATION FOR A * *GRANT UNDER THIS PART DIRECTLY TO THE ATTORNEY GENERAL. IN THIS * *SUBSECTION, 'MUNICIPALITIES THE POPULATION OF WHICH EXCEEDS 150,000' * *MEANS UNITS OF LOCAL GOVERNMENT OR LAW ENFORCEMENT AGENCIES HAVING * *JURISDICTION OVER AREAS WITH POPULATIONS EXCEEDING 150,000, AND * *CONSORTIA OR ASSOCIATIONS THAT INCLUDE ONE OR MORE SUCH UNITS OF LOCAL * *GOVERNMENT OR LAW ENFORCEMENT AGENCIES. * * "(D) DIRECT APPLICATION TO THE ATTORNEY GENERAL BY OTHER * *APPLICANTS.-(1) NOTWITHSTANDING SUBSECTION (A), IF A STATE CHOOSES NOT * *TO CARRY OUT THE FUNCTIONS DESCRIBED IN SUBSECTION (B), AN APPLICANT IN * *THE STATE MAY SUBMIT AN APPLICATION FOR A GRANT UNDER THIS PART DIRECTLY* *TO THE ATTORNEY GENERAL. * * "(2) NOTWITHSTANDING SUBSECTION (A), AN APPLICANT THAT IS AN INDIAN * *TRIBE OR TRIBAL LAW ENFORCEMENT AGENCY MAY SUBMIT AN APPLICATION FOR A * *GRANT UNDER THIS PART DIRECTLY TO THE ATTORNEY GENERAL. * *"SEC. 1704. RENEWAL OF GRANTS. * * "(a) IN GENERAL.-EXCEPT FOR GRANTS MADE FOR HIRING OR REHIRING * *ADDITIONAL CAREER LAW ENFORCEMENT OFFICERS, A GRANT UNDER THIS PART MAY * *BE RENEWED FOR UP TO 2 ADDITIONAL YEARS AFTER THE FIRST FISCAL YEAR * *DURING WHICH A RECIPIENT RECEIVES ITS INITIAL GRANT, IF THE ATTORNEY * *GENERAL DETERMINES THAT THE FUNDS MADE AVAILABLE TO THE RECIPIENT WERE * *USED IN A MANNER REQUIRED UNDER AN APPROVED APPLICATION AND IF THE * *RECIPIENT CAN DEMONSTRATE SIGNIFICANT PROGRESS IN ACHIEVING THE * *OBJECTIVES OF THE INITIAL APPLICATION. * * "(B) GRANTS FOR HIRING.-GRANTS MADE FOR HIRING OR REHIRING ADDITIONAL * *CAREER LAW ENFORCEMENT OFFICERS MAY BE RENEWED FOR UP TO 5 YEARS, * *SUBJECT TO THE REQUIREMENTS OF SUBSECTION (A), BUT NOTWITHSTANDING THE * *LIMITATION IN THAT SUBSECTION CONCERNING THE NUMBER OF YEARS FOR WHICH * *GRANTS MAY BE RENEWED. * * "(C) MULTIYEAR GRANTS.-A GRANT FOR A PERIOD EXCEEDING 1 YEAR MAY BE * *RENEWED AS PROVIDED IN THIS SECTION, EXCEPT THAT THE TOTAL DURATION OF * *SUCH A GRANT INCLUDING ANY RENEWALS MAY NOT EXCEED 3 YEARS, OR 6 YEARS * *IF IT IS A GRANT MADE FOR HIRING OR REHIRING ADDITIONAL CAREER LAW * *ENFORCEMENT OFFICERS. * *"SEC. 1705. LIMITATION ON USE OF FUNDS. * * "(a) NONSUPPLANTING REQUIREMENT.-FUNDS MADE AVAILABLE UNDER THIS PART * *TO STATE OR LOCAL GOVERNMENTS OR TO INDIAN TRIBAL GOVERNMENTS SHALL NOT * *BE USED TO SUPPLANT STATE OR LOCAL FUNDS, OR, IN THE CASE OF INDIAN * *TRIBES, FUNDS SUPPLIED BY THE DEPARTMENT OF THE INTERIOR, BUT SHALL BE * *USED TO INCREASE THE AMOUNT OF FUNDS THAT WOULD, IN THE ABSENCE OF * *FEDERAL FUNDS RECEIVED UNDER THIS PART, BE MADE AVAILABLE FROM STATE OR * *LOCAL SOURCES, OR IN THE CASE OF INDIAN TRIBES, FROM FUNDS SUPPLIED BY * *THE DEPARTMENT OF THE INTERIOR. * * "(B) ADMINISTRATIVE COSTS.-NO MORE THAN 5 PERCENT OF THE FUNDS * *AVAILABLE UNDER THIS PART MAY BE USED FOR THE COSTS OF STATES IN * *CARRYING OUT THE FUNCTIONS DESCRIBED IN SECTION 1703(B) OR OTHER * *ADMINISTRATIVE COSTS. * * "(C) NON-FEDERAL COSTS.-STATE AND LOCAL UNITS OF GOVERNMENT MAY USE * *ASSETS RECEIVED THROUGH THE ASSETS FORFEITURE EQUITABLE SHARING PROGRAM * *TO COVER THE NON-FEDERAL PORTION OF PROGRAMS, PROJECTS, AND ACTIVITIES * *FUNDED UNDER THIS PART. * * "(D) HIRING COSTS.-ANNUAL FUNDING PROVIDED UNDER THIS PART FOR HIRING* *OR REHIRING A CAREER LAW ENFORCEMENT OFFICER MAY NOT EXCEED $50,000, * *UNLESS THE ATTORNEY GENERAL GRANTS A WAIVER FROM THIS LIMITATION. * *"SEC. 1706. PERFORMANCE EVALUATION. * * "(a) EVALUATION COMPONENTS.-EACH PROGRAM, PROJECT, OR ACTIVITY FUNDED * *UNDER THIS PART SHALL CONTAIN AN EVALUATION COMPONENT, DEVELOPED * *PURSUANT TO GUIDELINES ESTABLISHED BY THE ATTORNEY GENERAL. THE * *EVALUATIONS REQUIRED BY THIS SUBSECTION SHALL INCLUDE OUTCOME MEASURES * *THAT CAN BE USED TO DETERMINE THE EFFECTIVENESS OF THE FUNDED PROGRAMS, * *PROJECTS, AND ACTIVITIES. OUTCOME MEASURES MAY INCLUDE CRIME AND * *VICTIMIZATION INDICATORS, QUALITY OF LIFE MEASURES, COMMUNITY * *PERCEPTIONS, AND POLICE PERCEPTIONS OF THEIR OWN WORK. * * "(B) PERIODIC REVIEW AND REPORTS.-THE ATTORNEY GENERAL SHALL REVIEW * *THE PERFORMANCE OF EACH GRANT RECIPIENT UNDER THIS PART. THE ATTORNEY * *GENERAL MAY REQUIRE A GRANT RECIPIENT TO SUBMIT TO THE ATTORNEY GENERAL * *THE RESULTS OF THE EVALUATIONS REQUIRED UNDER SUBSECTION (A) AND SUCH * *OTHER DATA AND INFORMATION AS THE ATTORNEY GENERAL DEEMS REASONABLY * *NECESSARY TO CARRY OUT THE RESPONSIBILITIES UNDER THIS SUBSECTION. * *"SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING. * * "If the Attorney General determines, as a result of the reviews * *required by section 1706, or otherwise, that a grant recipient under * *this part is not in substantial compliance with the terms and * *requirements of an approved grant application submitted under section * *1702, the Attorney General may revoke or suspend funding of that grant,* *in whole or in part. * *"SEC. 1708. ACCESS TO DOCUMENTS. * * "(a) BY THE ATTORNEY GENERAL.-THE ATTORNEY GENERAL SHALL HAVE ACCESS * *FOR THE PURPOSE OF AUDIT AND EXAMINATION TO ANY PERTINENT BOOKS, * *DOCUMENTS, PAPERS, OR RECORDS OF A GRANT RECIPIENT UNDER THIS PART AND * *TO THE PERTINENT BOOKS, DOCUMENTS, PAPERS, OR RECORDS OF STATE AND LOCAL* *GOVERNMENTS, PERSONS, BUSINESSES, AND OTHER ENTITIES THAT ARE INVOLVED * *IN PROGRAMS, PROJECTS, OR ACTIVITIES FOR WHICH ASSISTANCE IS PROVIDED * *UNDER THIS PART. * * "(B) BY THE COMPTROLLER GENERAL.-SUBSECTION (A) SHALL APPLY WITH * *RESPECT TO AUDITS AND EXAMINATIONS CONDUCTED BY THE COMPTROLLER GENERAL * *OF THE UNITED STATES OR BY AN AUTHORIZED REPRESENTATIVE OF THE * *COMPTROLLER GENERAL. * *"SEC. 1709. GENERAL REGULATORY AUTHORITY. * * "The Attorney General may promulgate regulations and guidelines to * *carry out this part. * *"SEC. 1710. DEFINITIONS. * * "In this part- * * " 'Career law enforcement officers' means a person hired on a * * permanent basis who is authorized by law or by a State or local * * public agency to engage in or supervise the prevention, detection, * * or investigation of violations of criminal laws. * * " 'Citizens police academy' means a program by local law * * enforcement agencies or private non profit organizations in which * * citizens, especially those who participate in neighborhood watch * * programs, are given training in police policy and procedure, * * criminal law, the legal system, crime awareness, personal safety * * measures, and ways of facilitating communication between the * * community and local law enforcement in the prevention of crime.' ". * * (b) TECHNICAL AMENDMENT.-THE TABLE OF CONTENTS OF TITLE I OF THE * *OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 (42 U.S.C. 3711, ET * *SEQ.) IS AMENDED BY STRIKING THE ITEM RELATING TO PART Q AND INSERTING * *THE FOLLOWING: * *"PART Q-PUBLIC SAFETY AND COMMUNITY POLICING; 'COPS ON THE BEAT' * *"Sec. 1701. Authority to make public safety and community policing * *grants. * *"Sec. 1702. Applications. * *"Sec. 1703. Review of applications by State office. * *"Sec. 1704. Renewal of grants. * *"Sec. 1705. Limitation on use of funds. * *"Sec. 1706. Performance evaluation. * *"Sec. 1707. Revocation or suspension of funding. * *"Sec. 1708. Access to documents. * *"Sec. 1709. General regulatory authority. * *"Sec. 1710. Definition. * *"PART R-TRANSITION; EFFECTIVE DATE; REPEALER * *"Sec. 1801. Continuation of rules, authorities, and proceedings.". * * (c) AUTHORIZATION OF APPROPRIATIONS.-SECTION 1001(A) OF TITLE I OF THE* *OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 (42 U.S.C. 3793) IS * *AMENDED- * * (1) IN PARAGRAPH (3) BY STRIKING "AND O" AND INSERTING "O, P, AND * * Q"; AND * * (2) BY ADDING AT THE END THE FOLLOWING NEW PARAGRAPH: * * "(11)(A) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT PART Q, * *TO REMAIN AVAILABLE UNTIL EXPENDED- * * "(I) $1,035,000,000 FOR FISCAL YEAR 1994; * * "(II) $1,720,000,000 FOR FISCAL YEAR 1995; * * "(III) $2,070,000,000 FOR FISCAL YEAR 1996; * * "(IV) $2,270,000,000 FOR FISCAL YEAR 1997; AND * * "(V) $1,900,000,000 FOR FISCAL YEAR 1998. * * "(B) OF FUNDS AVAILABLE UNDER PART Q IN ANY FISCAL YEAR, UP TO 5 * * PERCENT MAY BE USED FOR TECHNICAL ASSISTANCE UNDER SECTION 1701(E) * * OR FOR EVALUATIONS OR STUDIES CARRIED OUT OR COMMISSIONED BY THE * * ATTORNEY GENERAL IN FURTHERANCE OF THE PURPOSES OF PART Q, AND UP TO* * 5 PERCENT MAY BE USED FOR THE COSTS OF STATES IN CARRYING OUT THE * * FUNCTIONS DESCRIBED IN SECTION 1703(B) OR OTHER ADMINISTRATIVE * * COSTS. OF THE REMAINING FUNDS, 60 PERCENT SHALL BE ALLOCATED FOR * * GRANTS PURSUANT TO APPLICATIONS SUBMITTED AS PROVIDED IN SECTION * * 1703(A) OR (D), AND 40 PERCENT SHALL BE ALLOCATED FOR GRANTS * * PURSUANT TO APPLICATIONS SUBMITTED AS PROVIDED IN SECTION 1703(C). * * OF THE FUNDS AVAILABLE IN RELATION TO GRANTS PURSUANT TO * * APPLICATIONS SUBMITTED AS PROVIDED IN SECTION 1703(A) OR (D), AT * * LEAST 85 PERCENT SHALL BE APPLIED TO GRANTS FOR THE PURPOSES * * SPECIFIED IN SECTION 1701(B), AND NO MORE THAN 15 PERCENT MAY BE * * APPLIED TO OTHER GRANTS IN FURTHERANCE OF THE PURPOSES OF PART Q. OF* * THE FUNDS AVAILABLE IN RELATION TO GRANTS PURSUANT TO APPLICATIONS * * SUBMITTED AS PROVIDED IN SECTION 1703(C), AT LEAST 85 PERCENT SHALL * * BE APPLIED TO GRANTS FOR THE PURPOSES SPECIFIED IN SECTION 1701(B), * * AND NO MORE THAN 15 PERCENT MAY BE APPLIED TO OTHER GRANTS IN * * FURTHERANCE OF THE PURPOSES OF PART Q. IN VIEW OF THE EXTRAORDINARY * * NEED FOR LAW ENFORCEMENT IN INDIAN COUNTRY, AN APPROPRIATE AMOUNT OF* * FUNDS AVAILABLE UNDER PART Q SHALL BE MADE AVAILABLE FOR GRANTS TO * * INDIAN TRIBES OR TRIBAL LAW ENFORCEMENT AGENCIES. * * "(C) OF THE AMOUNTS AVAILABLE TO BE EXPENDED FOR THE VOILENT CRIME* * REDUCTION TRUST FUND, $75,000,000 IS AUTHORIZED TO BE EXPENDED TO * * CONSTITUTE AN OUNCE OF PREVENTION FUND, TO BE ADMINISTERED AS * * FOLLOWS AND FOR THE FOLLOWING PURPOSES: * * "(I) THE OUNCE OF PREVENTION FUND SHALL BE FOR THE PURPOSE OF * * ENCOURAGING AND SUPPORTING THE HEALTHY DEVELOPMENT AND * * NURTURANCE OF CHILDREN AND YOUTH IN ORDER TO PROMOTE SUCCESSFUL * * TRANSITION INTO ADULTHOOD AND FOR PREVENTING VIOLENT CRIME * * THROUGH SUBSTANCE ABUSE TREATMENT AND PREVENTION. * * "(II) ACTIVITIES TO BE SUPPORTED BY THE OUNCE OF PREVENTION * * FUND INCLUDE- * * "(I) AFTER SCHOOL AND SUMMER ACADEMIC ENRICHMENT AND * * RECREATION CONDUCTED IN SAFE AND SECURE SETTINGS AND * * COORDINATED WITH SCHOOL CURRICULA AND PROGRAMS, MENTORING * * AND TUTORING AND OTHER ACTIVITIES INVOLVING EXTENSIVE * * PARTICIPATION OF ADULT ROLE MODELS, ACTIVITIES DIRECTED AT * * FACILITATING FAMILIARITY WITH THE LABOR MARKET AND ULTIMATE * * SUCCESSFUL TRANSITION INTO THE LABOR MARKET; AND * * "(II) SUBSTANCE ABUSE TREATMENT AND PREVENTION PROGRAM * * AUTHORIZED IN THE PUBLIC HEALTH SERVICE ACT INCLUDING * * OUTREACH PROGRAMS FOR AT-RISK FAMILIES. * * "(III) EXCEPT FOR SUBSTANCE ABUSE TREATMENT AND PREVENTION * * PROGRAMS, THE CHILDREN AND YOUTH TO BE SERVED BY OUNCE OF * * PREVENTION PROGRAMS SHALL BE OF AGES APPROPRIATE FOR ATTENDANCE * * AT ELEMENTARY AND SECONDARY SCHOOLS. APPLICATIONS SHALL BE * * GEOGRAPHICALLY BASED IN PARTICULAR NEIGHBORHOODS OR SECTIONS OF * * MUNICIPALITIES OR PARTICULAR SEGMENTS OF RURAL AREAS, AND * * APPLICATIONS SHALL DEMONSTRATE HOW PROGRAMS WILL SERVE * * SUBSTANTIAL PROPORTIONS OF CHILDREN AND YOUTH RESIDENT IN THE * * TARGET AREA WITH ACTIVITIES DESIGNED TO HAVE SUBSTANTIAL IMPACT * * ON THE LIVES OF SUCH CHILDREN AND YOUTH. THE OUNCE OF PREVENTION* * COUNCIL CREATED HEREIN SHALL DEFINE MORE PRECISE STATISTICAL AND* * NUMERICAL PARAMETERS FOR TARGET AREAS, NUMBERS OF CHILDREN TO BE* * SERVED, AND SUBSTANTIALLY OF IMPACT OF ACTIVITIES TO BE * * UNDERTAKEN. * * "(IV) APPLICANTS MAY BE CITIES, COUNTIES, OR OTHER * * MUNICIPALITIES, SCHOOL BOARDS, COLLEGES AND UNIVERSITIES, * * NONPROFIT CORPORATIONS, OR CONSORTIA OF ELIGIBLE APPLICANTS. * * APPLICANTS MUST SHOW THAT A PLANNING PROCESS HAS OCCURRED THAT * * HAS INVOLVED ORGANIZATIONS, INSTITUTIONS, AND RESIDENTS OF * * TARGET AREAS, INCLUDING YOUNG PEOPLE, AS WELL AS COOPERATION * * BETWEEN NEIGHBORHOOD-BASED ENTITIES, MUNICIPALITY-WIDE BODIES, * * AND LOCAL PRIVATE-SECTOR REPRESENTATIVES. APPLICANTS MUST * * DEMONSTRATE THE SUBSTANTIAL INVOLVEMENT OF NEIGHBORHOOD-BASED * * ENTITIES IN THE CARRYING OUT OF THE PROPOSED ACTIVITIES. * * PROPOSALS MUST DEMONSTRATE THAT A BROAD BASE OF COLLABORATION * * AND COORDINATION WILL OCCUR IN THE IMPLEMENTATION OF THE * * PROPOSED ACTIVITIES, INVOLVING COOPERATION AMONG YOUTH-SERVING * * ORGANIZATIONS, SCHOOLS, HEALTH AND SOCIAL SERVICE PROVIDERS, * * EMPLOYERS, LAW ENFORCEMENT PROFESSIONALS, LOCAL GOVERNMENT, AND * * RESIDENTS OF TARGET AREAS, INCLUDING YOUNG PEOPLE. THE OUNCE OF * * PREVENTION COUNCIL SHALL SET FORTH GUIDELINES ELABORATING THESE * * PROVISIONS. * * "(V) THE OUNCE OF PREVENTION COUNCIL SHALL BE CHAIRED BY THE * * ATTORNEY GENERAL AND THE SECRETARIES OF EDUCATION AND HEALTH AND* * HUMAN SERVICES, AND SHALL INCLUDE THE SECRETARIES OF * * AGRICULTURE, HOUSING AND URBAN DEVELOPMENT, AND LABOR, AND THE * * DIRECTOR OF THE OFFICE OF NATIONAL DRUG CONTROL POLICY. SUCH * * SUMS AS SHALL BE NECESSARY SHALL BE APPROPRIATED FOR STAFF OF * * THE OUNCE OF PREVENTION COUNCIL, WHICH WILL BE HEADED BY A * * DIRECTOR CHOSEN BY THE COUNCIL. THE COUNCIL SHALL MAKE GRANT * * AWARDS UNDER THIS PROGRAM AND DEVELOP APPROPRIATE GUIDELINES FOR* * THE GRANT APPLICATION PROCESS. * * "(VI) THE PORTION OF THE COSTS OF A PROGRAM, PROJECT, OR * * ACTIVITY PROVIDED BY A GRANT UNDER THE OUNCE OF PREVENTION FUND * * MAY NOT EXCEED 75 PERCENT, UNLESS THE OUNCE OF PREVENTION * * COUNCIL WAIVES, WHOLLY OR IN PART, THE REQUIREMENT UNDER THIS * * SUBSECTION OF A NON-FEDERAL CONTRIBUTION TO THE COSTS OF A * * PROGRAM, PROJECT, OR ACTIVITY. GRANTS MAY BE RENEWED FOR UP TO 4* * ADDITIONAL YEARS AFTER THE FIRST FISCAL YEAR DURING WHICH A * * RECIPIENT RECEIVES AN INITIAL GRANT, PROVIDED THE COUNCIL IS * * SATISFIED THAT ADEQUATE PROGRESS IS BEING MADE TOWARD * * FULFILLMENT OF PROPOSAL GOALS. THE PROVISION OF SECTION 1705(A) * * CONCERNING NONSUPPLANTATION, SECTION 1705(B) CONCERNING LIMITS * * ON ADMINISTRATIVE COSTS, SECTION 1706 CONCERNING PERFORMANCE * * EVALUATION, AND SECTION 1707 CONCERNING REVOCATION OR SUSPENSION* * OF FUNDING SHALL APPLY TO THE PROGRAM CREATED BY THIS * * SUBPARAGRAPH.". * *TITLE II-DEATH PENALTY * *SEC. 201. SHORT TITLE. * * This title may be cited as the "Federal Death Penalty Act of 1993". * *SEC. 202. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE * *OF DEATH. * * (a) IN GENERAL.-PART II OF TITLE 18, UNITED STATES CODE, IS AMENDED BY* *INSERTING AFTER CHAPTER 227 THE FOLLOWING NEW CHAPTER: * *"CHAPTER 228-DEATH SENTENCE * *"Sec. * *"3591. Sentence of death. * *"3592. Mitigating and aggravating factors to be considered in * *determining whether a sentence of death is justified. * *"3593. Special hearing to determine whether a sentence of death is * *justified. * *"3594. Imposition of a sentence of death. * *"3595. Review of a sentence of death. * *"3596. Implementation of a sentence of death. * *"3597. Use of State facilities. * *"3598. Special provisions for Indian country. * *"3591. Sentence of death * * "(a) A defendant who has been found guilty of- * * "(1) an offense described in section 794 or section 2381; * * "(2) an offense described in section 1751(c), if the offense, as * * determined beyond a reasonable doubt at the hearing under section * * 3593, constitutes an attempt to intentionally kill the President of * * the United States and results in bodily injury to the President or * * comes dangerously close to causing the death of the President; or * * "(3) any other offense for which a sentence of death is provided, * * if the defendant, as determined beyond a reasonable doubt at the * * hearing under section 3593- * * "(A) intentionally killed the victim; * * "(B) intentionally inflicted serious bodily injury that * * resulted in the death of the victim; * * "(C) intentionally participated in an act, contemplating that * * the life of a person would be taken or intending that lethal * * force would be used in connection with a person, other than one * * of the participants in the offense, and the victim died as a * * direct result of the act; or * * "(D) intentionally and specifically engaged in an act, knowing* * that the act created a grave risk of death to a person, other * * than one of the participants in the offense, such that * * participation in the act constituted a reckless disregard for * * human life and the victim died as a direct result of the act, * *shall be sentenced to death if, after consideration of the factors set * *forth in section 3592 in the course of a hearing held pursuant to * *section 3593, it is determined that imposition of a sentence of death is* *justified, except that no person may be sentenced to death who was less * *than 18 years of age at the time of the offense. * * "(b) a defendant who has been found guilty of- * * "(1) an offense referred to in section 408(c)(1) of the Controlled* * Substances Act (21 U.S.C. 848(c)(1)), committed as part of a * * continuing criminal enterprise offense under the conditions * * described in subsection (b) of that section which involved not less * * than twice the quantity of controlled substance described in * * subsection (b)(2)(A) or twice the gross receipts described in * * subsection (b)(2)(B); * * "(2) an offense referred to in section 408(c)(1) of the Controlled* * Substances Act (21 U.S.C. 848(c)(1)), committed as part of a * * continuing criminal enterprise offense under that section, where the* * defendant is a principal administrator, organizer, or leader of such* * an enterprise, and the defendant, in order to obstruct the * * investigation or prosecution of the enterprise or an offense * * involved in the enterprise, attempts to kill or knowlingly directs, * * advises, authorizes, or assists another to attempt to kill any * * public officer, juror, witness, or members of the family or * * household of such a person; * * "(3) an offense constituting a felony violation of the Controlled * * Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances * * Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug * * Law Enforcement Act (46 U.S.C. App. 1901 et seq.), where the * * defendant, intending to cause death or acting with reckless * * disregard for human life, engages in such a violation, and the death* * of another person results in the course of the violation or from the* * use of the controlled substance involved in the violation; * *shall be sentenced to death if, after consideration of the factors set * *forth in section 3592, including the aggravating factors set forth at * *subsection (c) below, in the course of a hearing held pursuant to * *section 3593, it is determined that imposition of a sentence of death is* *justified, except that no person may be sentenced to death who was less * *than 18 years of age at the time of the offense. * * "(c) AGGRAVATING FACTORS FOR DRUG OFFENSE DEATH PENALTY.-IN * *DETERMINING WHETHER A SENTENCE OF DEATH IS JUSTIFIED FOR AN OFFENSE * *DESCRIBED IN SUBSECTION (B) ABOVE, THE JURY, OR IF THERE IS NO JURY, THE* *COURT, SHALL CONSIDER EACH OF THE FOLLOWING AGGRAVATING FACTORS AND * *DETERMINE WHICH, IF ANY, EXIST: * * "(1) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE OF DEATH * * OR LIFE IMPRISONMENT WAS AUTHORIZED.-THE DEFENDANT HAS PREVIOUSLY * * BEEN CONVICTED OF ANOTHER FEDERAL OR STATE OFFENSE RESULTING IN THE * * DEATH OF A PERSON, FOR WHICH A SENTENCE OF LIFE IMPRISONMENT OR * * DEATH WAS AUTHORIZED BY STATUTE. * * "(2) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.-THE DEFENDANT * * HAS PREVIOUSLY BEEN CONVICTED OF TWO OR MORE FEDERAL OR STATE * * OFFENSES, EACH PUNISHABLE BY A TERM OF IMPRISONMENT OF MORE THAN ONE* * YEAR, COMMITTED ON DIFFERENT OCCASIONS, INVOLVING THE IMPORTATION, * * MANUFACTURE, OR DISTRIBUTION OF A CONTROLLED SUBSTANCE (AS DEFINED * * IN SECTION 102 OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 802)) OR * * THE INFLICTION OF, OR ATTEMPTED INFLICTION OF, SERIOUS BODILY INJURY* * OR DEATH UPON ANOTHER PERSON. * * "(3) PREVIOUS SERIOUS DRUG FELONY CONVICTION.-THE DEFENDANT HAS * * PREVIOUSLY BEEN CONVICTED OF ANOTHER FEDERAL OR STATE OFFENSE * * INVOLVING THE MANUFACTURE, DISTRIBUTION, IMPORTATION, OR POSSESSION * * OF A CONTROLLED SUBSTANCE (AS DEFINED IN SECTION 102 OF THE * * CONTROLLED SUBSTANCES ACT (21 U.S.C. 802)) FOR WHICH A SENTENCE OF * * FIVE OR MORE YEARS OF IMPRISONMENT WAS AUTHORIZED BY STATUTE. * * "(4) USE OF FIREARM.-IN COMMITTING THE OFFENSE, OR IN FURTHERANCE * * OF A CONTINUING CRIMINAL ENTERPRISE OF WHICH THE OFFENSE WAS A PART,* * THE DEFENDANT USED A FIREARM OR KNOWINGLY DIRECTED, ADVISED, * * AUTHORIZED, OR ASSISTED ANOTHER TO USE A FIREARM TO THREATEN, * * INTIMIDATE, ASSAULT, OR INJURE A PERSON. * * "(5) DISTRIBUTION TO PERSONS UNDER 21.-THE OFFENSE, OR A * * CONTINUING CRIMINAL ENTERPRISE OF WHICH THE OFFENSE WAS A PART, * * INVOLVED CONDUCT PROSCRIBED BY SECTION 418 OF THE CONTROLLED * * SUBSTANCES ACT (21 U.S.C. 859) WHICH WAS COMMITTED DIRECTLY BY THE * * DEFENDANT. * * "(6) DISTRIBUTION NEAR SCHOOLS.-THE OFFENSE, OR A CONTINUING * * CRIMINAL ENTERPRISE OF WHICH THE OFFENSE WAS A PART, INVOLVED * * CONDUCT PROSCRIBED BY SECTION 419 OF THE CONTROLLED SUBSTANCES ACT * * (21 U.S.C. 860) WHICH WAS COMMITTED DIRECTLY BY THE DEFENDANT. * * "(7) USING MINORS IN TRAFFICKING.-THE OFFENSE, OR A CONTINUING * * CRIMINAL ENTERPRISE OF WHICH THE OFFENSE WAS A PART, INVOLVED * * CONDUCT PROSCRIBED BY SECTION 420 OF THE CONTROLLED SUBSTANCES ACT * * (21 U.S.C. 861) WHICH WAS COMMITTED DIRECTLY BY THE DEFENDANT. * * "(8) LETHAL ADULTERANT.-THE OFFENSE INVOLVED THE IMPORTATION, * * MANUFACTURE, OR DISTRIBUTION OF A CONTROLLED SUBSTANCE (AS DEFINED * * IN SECTION 102 OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 802)), * * MIXED WITH A POTENTIALLY LETHAL ADULTERANT, AND THE DEFENDANT WAS * * AWARE OF THE PRESENCE OF THE ADULTERANT. * *THE JURY, OR IF THERE IS NO JURY, THE COURT, MAY CONSIDER WHETHER ANY * *OTHER AGGRAVATING FACTOR FOR WHICH NOTICE HAS BEEN GIVEN EXISTS. * *"3592. Mitigating and aggravating factors to be considered in * *determining whether a sentence of death is justified * * "(a) MITIGATING FACTORS.-IN DETERMINING WHETHER A SENTENCE OF DEATH IS* *TO BE IMPOSED ON A DEFENDANT, THE FINDER OF FACT SHALL CONSIDER ANY * *MITIGATING FACTOR, INCLUDING THE FOLLOWING: * * "(1) IMPAIRED CAPACITY.-THE DEFENDANT'S CAPACITY TO APPRECIATE THE* * WRONGFULNESS OF THE DEFENDANT'S CONDUCT OR TO CONFORM CONDUCT TO THE* * REQUIREMENTS OF LAW WAS SIGNIFICANTLY IMPAIRED, REGARDLESS OF * * WHETHER THE CAPACITY WAS SO IMPAIRED AS TO CONSTITUTE A DEFENSE TO * * THE CHARGE. * * "(2) DURESS.-THE DEFENDANT WAS UNDER UNUSUAL AND SUBSTANTIAL * * DURESS, REGARDLESS OF WHETHER THE DURESS WAS OF SUCH A DEGREE AS TO * * CONSTITUTE A DEFENSE TO THE CHARGE. * * "(3) MINOR PARTICIPATION.-THE DEFENDANT IS PUNISHABLE AS A * * PRINCIPAL IN THE OFFENSE, WHICH WAS COMMITTED BY ANOTHER, BUT THE * * DEFENDANT'S PARTICIPATION WAS RELATIVELY MINOR, REGARDLESS OF * * WHETHER THE PARTICIPATION WAS SO MINOR AS TO CONSTITUTE A DEFENSE TO* * THE CHARGE. * * "(4) EQUALLY CULPABLE DEFENDANTS.-ANOTHER DEFENDANT OR DEFENDANTS,* * EQUALLY CULPABLE IN THE CRIME, WILL NOT BE PUNISHED BY DEATH. * * "(5) NO PRIOR CRIMINAL RECORD.-THE DEFENDANT DID NOT HAVE A * * SIGNIFICANT PRIOR HISTORY OF OTHER CRIMINAL CONDUCT. * * "(6) DISTURBANCE.-THE DEFENDANT COMMITTED THE OFFENSE UNDER SEVERE* * MENTAL OR EMOTIONAL DISTURBANCE. * * "(7) VICTIM'S CONSENT.-THE VICTIM CONSENTED TO THE CRIMINAL * * CONDUCT THAT RESULTED IN THE VICTIM'S DEATH. * * "(8) OTHER FACTORS.-OTHER FACTORS IN THE DEFENDANT'S BACKGROUND, * * RECORD, OR CHARACTER OR ANY OTHER CIRCUMSTANCE OF THE OFFENSE THAT * * MITIGATE AGAINST IMPOSITION OF THE DEATH SENTENCE. *