Strategy to Eliminate Crime in the Urban and Rural Environment Act of 1991

Strategy to Eliminate Crime in the Urban and Rural Environment Act of 1991 - Title I: Rural Crime Prevention Strategy - Requires the Director of the National Institute of Justice to conduct a national assessment of the nature and extent of rural crime in the United States, the needs of law enforcement and criminal justice professionals in rural States and communities, and promising strategies to respond effectively to those challenges, including: (1) the problem of clandestine drug laboratories; (2) other environmental crimes, such as the dumping of toxic waste; (3) the cultivation of illegal crops, such as marihuana; (4) the problems of drug and alcohol abuse in rural communities; (5) the problems of family violence and child abuse; (6) the problems of juvenile delinquency and vandalism; (7) the access of law enforcement and criminal justice professionals in rural communities to the services of crime laboratories, the Automated Fingerprint Identification System, and other technological support, and to professional training and development; and (8) the special problems of drug abuse in jurisdictions with populations of 50,000 or less.

Requires the Director to: (1) submit the national assessment to the President and the Congress within 12 months; and (2) disseminate the results through programs of training and technical assistance, as well as through reports, publications, and clearinghouse services.

Authorizes the Director to make grants to local law enforcement agencies for pilot programs and field tests of particularly promising strategies and models, which could then serve as the basis for demonstration and educational programs under the Bureau of Justice Assistance (BJA) discretionary grant program, such as programs to develop and demonstrate new or improved approaches or techniques for rural criminal justice systems. Authorizes appropriations.

Title II: Violent Felonies Against the Elderly - Amends the Federal criminal code to establish a mandatory sentence for the commission of a felony against an individual age 65 or older. Sets limitations on the discretion of the court with respect to suspending such sentence, authorizing probation or parole, allowing the defendant to serve consecutive sentences, and accepting plea agreements.

Authorizes appeals on the grounds that a sentence is less severe than that required under this Act.

Amends the Federal Rules of Criminal Procedure to: (1) preclude either the defendant or the court from waiving a presentence investigation and report unless there is sufficient information in the record for the court to determine whether a mandatory sentence pursuant to this Act must be imposed; (2) require such report to contain verified information as to whether any victim of the offense had attained age 65 on the date that the offense was committed; and (3) make an exception to the general rule authorizing plea bargain discussions in cases involving the commission of a felony against individuals age 65 and older.

Title III: Child Abuse, Sexual Violence, and Violence Against Women - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases.

National Child Abuser Registration Act of 1991 - Authorizes a State child abuse information repository (State repository) to report child abuser information to the National Crime Information Center.

Directs the Attorney General to establish guidelines for the reporting of such information. Specifies that such guidelines shall require that: (1) a reporting State ensure that reports of all convictions under the criminal child abuse law of the State are maintained by a State repository; and (2) a State repository maintain close liaison with the National Center on Child Abuse and Neglect and the National Center for Missing and Exploited Children for exchange of information and technical assistance in cases of child abuse.

Requires the Attorney General to publish an annual statistical summary of the child abuser information reporting under this Act.

Makes compliance with this Act a condition to the receipt by a State of any grant, cooperative agreement, or other assistance under the Victims of Crime Act (VCA) and the Child Abuse Prevention and Treatment Act.

Amends the Controlled Substances Act (CSA) to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant.

Expresses the sense of the Congress that, for purposes of determining child custody, credible evidence of physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse.

Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16.

Authorizes the court to order the payment of restitution for victims of sex offenses.

Amends the Higher Education Act of 1965 to add sexual assault or any other abusive sexual conduct to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Requires each institution to report the statistics to parents or guardians of students as well as to other groups specified by current law.

Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault.

Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Authorizes appropriations.

Domestic Violence Prevention Act of 1991 - Amends the Family Violence Prevention and Services Act to add increasing public awareness as a purpose of State demonstration grants.

Authorizes grants for public information campaigns regarding domestic violence. Requires a State grant recipient to establish a Commission on Domestic Violence.

Requires a specified minimum percentage of funds for demonstration grants for prevention of, and provision of immediate shelter and other assistance to, victims of family violence and their dependents to be used for rural areas.

Limits law enforcement training grants to private nonprofit organizations that have certain experience.

Authorizes appropriations to carry out the Act.

Amends the Federal Rules of Criminal Procedure to modify the number of peremptory challenges available to specified parties when the offense charged is punishable by imprisonment for more than one year.

Amends the Federal criminal code to: (1) prohibit peremptory jury challenges on the basis of race, color, or any other classification that could not lawfully be used by a prosecutor; and (2) give the prosecutor the same right as the defense attorney to challenge the exercise of peremptory challenges on this ground, with the court applying the same standards and granting the same relief.

Enacts rules, to be known as the Rules of Professional Conduct for Lawyers in Federal Practice, and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) various types of litigation abuses (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) expediting litigation (including not attempting to delay or prolong proceedings for specified reasons); and (3) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information.)

Requires a protective order issued by a court of a State to have the same full faith and credit in a court in another State as in a court of the issuing State.

Title IV: Law Enforcement Officers Bill of Rights - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require a five percent reduction in certain assistance under such Act for any law enforcement agency which fails to have in effect a law enforcement officer's bill of rights providing for: (1) investigations for alleged malfeasance, misfeasance, or nonfeasance of official duty; (2) the representation of law enforcement officers on police complaint review boards; (3) opportunities for a hearing; (4) summary punishment, administrative action, and emergency suspension; (5) the recovery of damages for civil suits brought for violations of these rights; (6) notice of disciplinary actions to be taken against such officers; and (7) a prohibition against retaliation for exercising rights.

Title V: Victims' Bill of Rights - Amends the Federal criminal code to require (currently, authorize) the court to order restitution of the victim of the offense of which a defendant is convicted when such defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense.

Directs the court: (1) to order restitution to a victim in the full amount of the victim's losses as determined by the court without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation for a loss from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of and schedule for restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender, including obligations to dependents.

Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property, or services rendered to the victim or another person or organization.

Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim.

Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to the clerk of the court for accounting and payment in accordance with this Act.

Specifies that a restitution order shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property.

Makes compliance with the schedule of payments and other terms of a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply with a restitution order. Provides for enforcement of restitution orders.

Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.

Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule.

Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim.

Repeals: (1) the current $150,000,000 cap on the Crime Victims Fund under the VCA; and (2) sunset provisions under such Act.

Modifies the formula for the distribution of sums deposited into the Fund to provide that: (1) seven percent of the total funds deposited in a fiscal year be available for child abuse prevention and treatment grants; (2) four percent be available for training and technical services to victim assistance programs and for financial support of services to victims of crime by victim assistance programs; and (3) 89 percent be available for crime victim compensation and victim assistance programs. (Current law provides a complex formula for the distribution of funds depending on the amount deposited in the Fund.)

Authorizes the Director of the Office for Victims of Crime to retain any amount in excess of 110 percent of the total deposited in the previous fiscal year as a reserve for those years in which there is a shortfall in the Fund, provided that the reserve not exceed $20,000,000.

Provides that the first $6,200,000 above $150,000,000 deposited in the Fund through FY 1995, and the first $3,000,000 for each fiscal year thereafter, be available to the judicial branch for administrative costs.

Increases the Federal share of victim compensation programs from 40 to 45 percent of the amounts awarded by each program during the preceding fiscal year.

Allows up to five percent of a victim compensation program grant to be used for administrative costs.

Specifies that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program, would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program.

Authorizes the Director to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year.

Requires crime victim assistance chief executives to give particular attention to children who are victims of violent street crime.

Authorizes the use of grants under this Act for demonstration projects.

Allows up to five percent of a victim assistance program grant to be used for administrative costs.

Makes biannual reports under such Act due on May 31 (currently, such reports are due December 31).

Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds.

States that specified allocation provisions under this title shall take effect in a fiscal year upon certification by the Director that there are sufficient funds in the Victims Assistance Fund and the Victims Compensation Fund at the end of the previous fiscal year so that such allocations will not reduce the current funding levels in such funds.

Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation.

Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place.

Repeals provisions that authorize prejudgement probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult.

Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions.

Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire.

Specifies that: (1) whoever is convicted of a felony crime of violence for the benefit of, or in association with any criminal street gang, shall in addition to the punishment provided by law for such crime, be fined, imprisoned for up to three years, or both; and (2) any imprisonment imposed under this provision shall not run concurrently with that imposed for the underlying crime.

Title VII: Death Penalty - Capital Punishment Procedures Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes.

Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely.

Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death.

Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury.

Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt.

Sets forth special aggravating factors for: (1) homicide and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors.

States that no person who was under 18 years of age at the time of the offense may be sentenced to death.

Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence.

Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Requires the court to provide a written explanation of its determination.

Sets forth procedures for the implementation of the sentence of death.

Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death.

Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) engaging in a criminal enterprise activity which results in death; (8) specified violations of the CSA, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; (9) murders in connection with sexual assaults and child molestations; and (10) civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs.

Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death.

Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgement; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel.

Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution.

Title VIII: Imposition of Mandatory Minimum Sentences Without Release - Amends the Federal criminal code to establish the following penalties for offenses committed during and in relation to any crime of violence or drug trafficking crime, or during and in relation to any felony punishable under certain provisions relating to counterfeiting and forgery, in addition to the punishment provided for such crime. Provides that whoever: (1) uses, carries, or otherwise possesses a firearm shall be sentenced to imprisonment for ten years without release; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years without release; or (3) uses, carries, or otherwise possesses a firearm that is a machine gun or is equipped with a firearm silencer or muffler shall be sentenced to imprisonment for 30 years without release. Sets penalties for second, third, and subsequent convictions. Prohibits the release of any person convicted for any reason during a term of imprisonment imposed under this title.

Amends the CSA to increase the sentences for distributing illegal drugs to persons under age 21 and for employing persons under 18 years of age in drug operations to up to ten years without release for a first offense and up to 20 years without release for a second offense. Prohibits the court from placing such persons on probation or suspending the sentence. Prohibits their release during the term of the sentence.

Increases prison sentences for trafficking in marihuana and specified categories of controlled substances.

Establishes mandatory sentences, in addition to any other sentence imposed for the underlying possession or distribution, of: (1) one year imprisonment without release in a case involving possession of a controlled substance within a Federal prison or other Federal detention facility; and (2) ten years without release in a case involving the smuggling of a controlled substance within such prison or facility. Prohibits the court from placing such individuals on probation or suspending the sentence. Prohibits such person from being eligible for parole during such term of imprisonment.

Amends the Immigration and Nationality Act to: (1) require the deportation of aliens convicted of drug trafficking crimes or crimes of violence or for commission of an aggravated felony; and (2) increase the penalty (currently, 15 years for individuals whose deportation was subsequent to certain felony convictions) to 20 years without release, and to life imprisonment without release for a second violation, without probation, suspension of sentence, or early release, for reentry of a deported alien whose deportation was subsequent to a conviction for a drug trafficking crime or crime of violence.

Grants priority for Federal drug law enforcement assistance funds from BJA grant programs to States having laws providing for mandatory minimum sentences, elimination of early release, and payment of trial costs and mandatory fines by individuals convicted of specified controlled substance violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program.

Title IX: Mandatory Judicial Reforms - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment.

Specifies that: (1) Federal law does not require the exclusion of evidence in a proceeding in any court under circumstances in which the evidence would be admissible in a proceeding in a Federal court pursuant to this title; and (2) firearms seized by Federal law enforcement officers for use as evidence against a defendant who is being prosecuted for a crime of violence or serious drug offense, or who is ineligible to possess such firearm under the Federal criminal code, shall not be excluded in U.S. court proceedings on the ground that the search or seizure was in violation of the fourth amendment.

Directs the Attorney General to promulgate rules and regulations relating to compliance by law enforcement officers of the Department of Justice with the fourth amendment, including: (1) the training of such officers in the law of search and seizure; (2) procedures and standards of conduct to be observed in carrying out searches and seizures; (3) procedures for reporting and investigating incidents involving possible violations of legal or administrative requirements relating to searches and seizures; (4) sanctions to be imposed when such violations are determined to have occurred; and (5) standards and procedures for settling claims for damages by victims of unlawful searches and seizures.

Authorizes the head of any other Federal department or agency to promulgate rules and regulations relating to compliance with the fourth amendment by law enforcement officers of such department or agency.

Directs the Attorney General, and any other Federal department or agency head that promulgates such rules or regulations, to: (1) establish a review board to consider all allegations of fourth amendment violations by law enforcement officers of such department or agency and to recommend or impose appropriate sanctions in cases where violations are determined to have occurred; and (2) report annually to the Congress concerning allegations and claims relating to search and seizure violations by law enforcement officers of such department or agency, the actions taken on such allegations and claims, and the bases for such actions. Authorizes charging such a review board with recommending the settlement of claims for damages by victims of unlawful searches and seizures.

Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority.

Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners.

Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.

Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies.

Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.

Sets forth provisions with respect to the appointment counsel.

Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel.

Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent.

Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this title. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed.

Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions.

Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it.

Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met.

Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters.

Amends the CSA to require: (1) the court, prior to sentencing on a conviction in a Federal court of a felony under such Act, to compile a list of assets owned by the defendant not subject to forfeiture; and (2) upon request of the Attorney General, the court to direct the defendant to provide proof that any asset owned by the defendant not on such list was legally obtained. Authorizes the Attorney General to seize assets that the defendant does not prove were legally obtained. Requires the proceeds from such assets to be deposited in the Department of Justice Assets Forfeiture Fund and to be available for transfer to the building and facilities account of the Federal prison system.

Sets forth provisions regarding the term of appointment, authority, and jurisdiction of special masters.

Requires the Administrative Office of the United States Courts to publish annually a report on the sentencing patterns of Federal judges.

Amends the Federal criminal code to prohibit the Federal courts, until five years after the enactment of this Act, from: (1) holding prison crowding unconstitutional under the eighth amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment; and (2) placing an inmate ceiling on any Federal, State, or local detention facility as an equitable measure for conditions that violate the eighth amendment unless crowding itself is inflicting cruel and unusual punishment on individual prisoners. Requires that each Federal court order seeking to remedy an eighth amendment violation be reopened at the behest of a defendant for recommended alteration at a minimum of two-year intervals. Applies this title to all outstanding court orders on the date of enactment of this Act. Permits any State or municipality to seek modification of any outstanding eighth amendment decree pursuant to this Act.

Directs the Attorney General to take steps, consistent with security considerations, to ensure that sufficient facilities exist to house individuals whom the courts have ordered incarcerated. Requires: (1) the Secretary of Defense, the Commission on Alternative Utilization of Military Facilities, and the Director of the Bureau of Prisons to identify suitable military installations and examine the feasibility of using temporary facilities for housing prisoners; and (2) the Director to report to the Congress within 90 days.

Amends the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary to notify the Attorney General and the Governor of each of the U.S. territories and possessions (currently, all departments and instrumentalities within the Department of Defense (DOD)) of the availability of any real property or facility located at a military installation to be closed. Authorizes the transfer of such property to the Attorney General, a State, territory, or possession, or the District of Columbia for use as a correctional institution.

Requires the Director to: (1) review current construction standards and methods used in building Federal prisons; (2) examine and recommend cost cutting measures that could be employed in prison construction; and (3) submit the results to the Congress.

Authorizes the Attorney General to contract for private construction and operation of Federal prisons. Requires the use of creative and cost-effective private financing alternatives and private prison construction and operation where possible. Specifies that operating costs of privately-operated prisons shall be covered through rent charged to Government units placing inmates in prisons.

Requires the Administrator of the General Services Administration to identify at least 20 parcels of surplus Federal property which the Attorney General has certified are not needed for Federal correctional facilities but which may be suitable for State or local correctional facilities.

Makes property determined to be in excess of Federal needs that may be suitable for use as correctional facilities available during the period beginning on the date of enactment of this Act and ending five years after such date to the Attorney General, or secondarily, to a State, the District of Columbia, or a local government. Permits State and local governments to use Federal temporary incarceration facilities, when they are not needed to accommodate Federal prisoners, for incarcerating prisoners at a per diem fee payable to the Bureau of Prisons.

Requires every person who, during the period beginning on the date of enactment of this Act and ending five years after such date, is convicted in Federal court of committing a crime of violence against a person or a drug trafficking crime (other than simple possession), to be sentenced to and serve no less than five years' imprisonment. Prohibits any such person from being released from custody for any reason prior to completion of the sentence unless the sentence imposed is greater than five years and is not a mandatory minimum sentence without release.

Title X: Prisoner and Prison System Reforms - Expresses Federal policy that: (1) prisoners shall work absent medical certification of 100 percent disability, security considerations, or disciplinary action; and (2) States and local governments have the same authority to require all convicted prisoners to work.

Provides for the deposit in a separate fund in the Treasury of funds generated from prison labor for prison construction and operating expenses or payment of judgments. Specifies that prisoners shall be paid a share of funds generated by their labor.

Amends the Adult Education Act to require each State correctional system and each local jail or detention center with an inmate population of over 150 to have in effect a mandatory functional literacy program in at least one major correctional facility, subject to specified requirements and exceptions.

Authorizes the Attorney General to enter into contracts with private businesses for the use of inmate skills that may be of commercial use to such businesses. Sets forth provisions with respect to security requirements involved in the use of convict labor.

Provides for the withholding of prisoners' Federal benefits to offset incarceration costs.

Directs the Attorney General to establish a program of drug testing of targeted classes of arrestees, prisoners, and persons on release. Amends the Omnibus Act to bar Federal funding under the Drug Control and System Improvement Grant Program for States failing to have an analogous State program.

Specifies that, beginning two years after the enactment of this Act: (1) a request for Federal drug law enforcement assistance funds from the BJA grant programs by a State whose law provides mandatory work requirements, mandatory education requirements, and drug testing of prisoners shall receive priority over a request by a State whose law does not so provide; and (2) the formula for distributing the amount of funds to be distributed from the Drug Control and System Improvement Grant Program to State and local governments shall be adjusted by reducing by ten percent the amount of funds that would be allocated to States whose laws do not so provide and allocating the amount of the reduction pro rata to other States.