II 

116TH CONGRESS 

1ST SESSION S. 1377 

To incentivize States and localities to improve access to justice, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2019 

Ms. HARRIS introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To incentivize States and localities to improve access to 

justice, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring Quality Ac5 cess to Legal Defense Act of 2019’’ or the ‘‘EQUAL De6 fense Act of 2019’’. 

7 SEC. 2. PURPOSE. 

8 The purpose of this Act is— 

9 (1) to protect the rights of defendants in crimi10 nal cases to due process and a fair trial under the 


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1 Fifth, Sixth, and Fourteenth Amendments to the 

2 Constitution of the United States, including the 

3 right to counsel in State criminal trials, as articu4 lated by the United States Supreme Court in Gideon 

5 v. Wainwright, 372 U.S. 335 (1963); 

6 (2) to collect data related to public defense in 

7 order to facilitate the development of evidence-based 

8 workload limits, and for other purposes; and 

9 (3) to ensure that public defender compensation 

10 reflects the constitutional imperative of the work and 

11 adequately incentivizes attorneys at all levels to pur12 sue a career in public defense. 

13 SEC. 3. DEFINITIONS. 

14 In this Act, except as otherwise provided in section 

15 6: 

16 (1) APPLICABLE COURT.—The term ‘‘applicable 

17 court’’, with respect to an eligible entity that is— 

18 (A) a State or unit of local government, 

19 means— 

20 (i) a court of the eligible entity; and 

21 (ii) a court of a unit of local govern22 ment within the eligible entity; and 

23 (B) a Tribal organization, means a court 

24 of the Indian Tribe. 


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1 (2) APPLICABLE PUBLIC DEFENDER’S OF2 FICE.—The term ‘‘applicable public defender’s of3 fice’’, with respect to an eligible entity that is— 

4 (A) a public defender’s office, means the 

5 eligible entity; 

6 (B) a State or unit of local government, 

7 means— 

8 (i) the public defender’s office of the 

9 eligible entity; and 

10 (ii) a public defender’s office of a unit 

11 of local government within the eligible enti12 ty; and 

13 (C) a Tribal organization, means the pub14 lic defender’s office of the Tribal organization. 

15 (3) BASIS OF COMPENSATION.—The term 

16 ‘‘basis of compensation’’ means the classification of 

17 the compensation of an employee into 1 of the fol18 lowing categories: 

19 (A) Hourly. 

20 (B) Flat rate. 

21 (C) Per case. 

22 (D) Salary. 

23 (4) CASE.— 


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1 (A) IN GENERAL.—The term ‘‘case’’ in2 cludes all charges involved in a single incident 

3 of alleged criminal or delinquent conduct. 

4 (B) MULTIPLE DEFENDANTS.—If a charg5 ing document states that multiple defendants 

6 were involved in a single incident of alleged 

7 criminal or delinquent conduct, each defendant 

8 shall be counted as a separate case. 

9 (5) CASE TYPE.— 

10 (A) IN GENERAL.—The term ‘‘case type’’ 

11 means the classification of a client’s case into 

12 1 of the following categories, as defined under 

13 State law: 

14 (i) Juvenile. 

15 (ii) Misdemeanor. 

16 (iii) Felony. 

17 (iv) Life without parole. 

18 (v) Capital or death penalty. 

19 (B) MULTIPLE CHARGES.—If a case in20 volves multiple charges, the case type shall be 

21 determined according to the dominant charge. 

22 (6) CHIEF PROSECUTOR.—The term ‘‘chief 

23 prosecutor’’, with respect to— 

24 (A) a State, means the attorney general of 

25 the State; 


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1 (B) a unit of local government, means the 

2 district attorney of the unit of local govern3 ment; and 

4 (C) a Tribal organization, means the lead 

5 prosecutor of the Tribal organization. 

6 (7) CHIEF PUBLIC DEFENDER.—The term 

7 ‘‘chief public defender’’, with respect to a State, unit 

8 of local government, or Tribal organization, means 

9 the head of the public defender’s office of the State, 

10 unit of local government, or Tribal organization, re11 spectively. 

12 (8) CORRESPONDING PROSECUTOR’S OFFICE.— 

13 The term ‘‘corresponding prosecutor’s office’’, with 

14 respect to a public defender’s office, means the pros15 ecutorial unit that appears adverse to the public de16 fender’s office in criminal proceedings. 

17 (9) COVERED GRANT.—The term ‘‘covered 

18 grant’’ means a grant awarded under section 4. 

19 (10) DOMINANT CHARGE.—The term ‘‘domi20 nant charge’’, with respect to a case that involves 

21 multiple charges, means the charge that carries the 

22 most severe or lengthy maximum penalty. 

23 (11) ELIGIBLE ENTITY.—The term ‘‘eligible en24 tity’’ means a State, unit of local government, Tribal 

25 organization, or public defender’s office that, as of 


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1 the date of enactment of this Act and without re2 gard to the deadlines under section 4(b)— 

3 (A) has not developed and implemented a 

4 data collection process that meets the require5 ments under paragraph (1) of that section; 

6 (B) has not developed workload limits that 

7 meet the requirements under paragraph (2) of 

8 that section, or has developed such limits but is 

9 not in compliance with the limits; or 

10 (C) does not meet the compensation re11 quirements under paragraph (3) of that section. 

12 (12) FULL-TIME.—The term ‘‘full-time’’, with 

13 respect to an employee of a prosecutor’s office or 

14 public defender’s office, means an employee who 

15 works not less than 40 hours per week for that of16 fice. 

17 (13) PERIPHERAL CHARGE.—The term ‘‘periph18 eral charge’’, with respect to a case that involves 

19 multiple charges, means any charge that is not the 

20 dominant charge. 

21 (14) PROSECUTOR.—The term ‘‘prosecutor’’— 

22 (A) has the meaning given the term in sec23 tion 3001(b) of title I of the Omnibus Crime 

24 Control and Safe Streets Act of 1968 (34 

25 U.S.C. 10671(b)); and 


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1 (B) includes a full-time employee of a 

2 Tribal organization who— 

3 (i) is continually licensed to practice 

4 law; and 

5 (ii) carries out activities equivalent to 

6 those of a prosecutor referred to in sub7 paragraph (A). 

8 (15) PROSECUTOR’S OFFICE; PUBLIC DE9 FENDER’S OFFICE.—The terms ‘‘prosecutor’s office’’ 

10 and ‘‘public defender’s office’’ mean an agency or of11 fice of a State, unit of local government, or Tribal 

12 organization that employs prosecutors or public de13 fenders, respectively. 

14 (16) PUBLIC DEFENDER.—The term ‘‘public 

15 defender’’— 

16 (A) has the meaning given the term in sec17 tion 3001(b) of title I of the Omnibus Crime 

18 Control and Safe Streets Act of 1968 (34 

19 U.S.C. 10671(b)); and 

20 (B) includes an attorney employed by a 

21 Tribal organization who— 

22 (i) is continually licensed to practice 

23 law; and 


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1 (ii) carries out activities equivalent to 

2 those of a public defender referred to in 

3 subparagraph (A). 

4 (17) STAFF ATTORNEY.—The term ‘‘staff attor5 ney’’, with respect to a prosecutor’s office or public 

6 defender’s office, means a prosecutor or public de7 fender who is not the chief prosecutor or chief public 

8 defender, respectively. 

9 (18) STATE.—The term ‘‘State’’ has the mean10 ing given the term in section 901 of title I of the 

11 Omnibus Crime Control and Safe Streets Act of 

12 1968 (34 U.S.C. 10251). 

13 (19) TRIBAL ORGANIZATION.—The term ‘‘Trib14 al organization’’ has the meaning given the term 

15 ‘‘tribal organization’’ in section 4(l) of the Indian 

16 Self-Determination and Education Assistance Act 

17 (25 U.S.C. 5304(l)). 

18 (20) UNIT OF LOCAL GOVERNMENT.—The term 

19 ‘‘unit of local government’’ has the meaning given 

20 the term in section 901 of title I of the Omnibus 

21 Crime Control and Safe Streets Act of 1968 (34 

22 U.S.C. 10251). 

23 SEC. 4. PUBLIC DEFENSE GRANT PROGRAM. 

24 (a) GRANT AUTHORITY.— 

25 (1) IN GENERAL.— 


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1 (A) INITIAL GRANTS.—During the first 5 

2 fiscal years beginning after the date of enact3 ment of this Act, the Attorney General shall 

4 award a grant, to be used for public defense, to 

5 any eligible entity that commits to satisfying 

6 the requirements under subsection (b) and sec7 tion 5. 

8 (B) CONTINUING GRANTS.—During the 

9 sixth fiscal year beginning after the date of en10 actment of this Act, and each fiscal year there11 after, the Attorney General shall award a grant 

12 to any eligible entity that— 

13 (i) commits to satisfying the require14 ments under section 5; 

15 (ii) certifies that the eligible entity is 

16 in compliance with— 

17 (I) the workload limits developed 

18 by the eligible entity under subsection 

19 (b)(2) of this section; and 

20 (II) the requirements under sub21 section (b)(3) of this section; and 

22 (iii) commits to using the grant funds 

23 for public defense. 


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1 (2) AMOUNT.—In applying for a grant under 

2 paragraph (1), an eligible entity shall request a 

3 grant amount that takes into account— 

4 (A) any technology and training required 

5 to meet the requirements under subsection 

6 (b)(1); and 

7 (B) the size of the justice system— 

8 (i) that the entity administers or in 

9 which the entity participates, as applicable, 

10 relative to the size of other justice systems 

11 in— 

12 (I) the United States, if the enti13 ty is a State or a public defender’s of14 fice of a State; or 

15 (II) the State in which the entity 

16 is located, if the entity is a unit of 

17 local government or a public defend18 er’s office of a unit of local govern19 ment; or 

20 (ii) of the Indian Tribe, if the entity 

21 is a Tribal organization or a public defend22 er’s office of a Tribal organization. 

23 (b) REQUIREMENTS.—The requirements for an eligi24 ble entity under this subsection are as follows: 

25 (1) DATA COLLECTION.— 


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1 (A) PROCESS.—During the first fiscal year 

2 for which the eligible entity receives a covered 

3 grant, the eligible entity shall develop and im4 plement a process for collecting the following 

5 data for full-time attorneys employed by each 

6 applicable public defender’s office during the 

7 fiscal year: 

8 (i) The mean and median number of 

9 hours per month worked per attorney. 

10 (ii) The mean and median percentage 

11 of hours per month spent with clients per 

12 attorney, excluding court appearances. 

13 (iii) The mean and median percentage 

14 of hours per month spent in court pro15 ceedings per attorney. 

16 (iv) The mean and median percentage 

17 of hours spent per month by a attorney 

18 on— 

19 (I) investigation; 

20 (II) research; 

21 (III) writing; and 

22 (IV) preparation. 

23 (v) The amount of attorney turnover, 

24 broken down by the level of experience and 

25 length of employment of the attorney. 


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1 (vi) The number of open cases as of 

2 the last day of the fiscal year, broken down 

3 by— 

4 (I) case type, including by— 

5 (aa) the dominant charge; 

6 and 

7 (bb) each peripheral charge; 

8 (II) the attorney, who shall be 

9 identified using an anonymized unique 

10 identifier; 

11 (III) the date on which the attor12 ney was appointed to the case; and 

13 (IV) the date on which the attor14 ney first met with the client. 

15 (vii) The number of cases closed dur16 ing the fiscal year, broken down by— 

17 (I) case type, including by— 

18 (aa) the dominant charge; 

19 and 

20 (bb) each peripheral charge; 

21 (II) the attorney, who shall be 

22 identified using an anonymized unique 

23 identifier; 


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1 (III) the date on which the case 

2 was referred to the public defender’s 

3 office; 

4 (IV) the date on which the attor5 ney was appointed to the case; and 

6 (V) the date on which the case 

7 was closed. 

8 (B) COLLECTION AND SUBMISSION RE9 QUIREMENT.—For the second fiscal year, and 

10 each subsequent fiscal year, for which an eligi11 ble entity receives a covered grant, the eligible 

12 entity shall— 

13 (i) collect the data described in sub14 paragraph (A) with respect to that fiscal 

15 year; and 

16 (ii) submit the data to the Attorney 

17 General. 

18 (2) WORKLOAD LIMITS.— 

19 (A) DEVELOPMENT OF WORKLOAD LIM20 ITS.—During the second fiscal year for which 

21 the eligible entity receives a covered grant, the 

22 eligible entity shall develop workload limits, 

23 based on the data collected under paragraph 

24 (1), that provide each full-time public defender 


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1 employed by an applicable public defender’s of2 fice with sufficient time to provide— 

3 (i) reasonably effective assistance of 

4 counsel pursuant to prevailing professional 

5 norms; and 

6 (ii) competent representation pursu7 ant to applicable rules of professional re8 sponsibility. 

9 (B) PERIODIC UPDATES.—If the eligible 

10 entity receives covered grants under subsection 

11 (a)(1)(B), the eligible entity shall review and, 

12 as necessary, update the limits developed under 

13 subparagraph (A) of this paragraph not less 

14 frequently than once every 10 fiscal years. 

15 (3) PUBLIC DEFENDER COMPENSATION.—Dur16 ing the sixth fiscal year, and each subsequent fiscal 

17 year, for which the eligible entity receives a covered 

18 grant, the eligible entity shall satisfy the following 

19 requirements with respect to employees of each ap20 plicable public defender’s office (or, in the case of 

21 subparagraph (D), with respect to each private at22 torney appointed by an applicable court): 

23 (A) The rate and basis of compensation of 

24 the chief public defender shall be equivalent to 


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1 the rate and basis of compensation of the cor2 responding chief prosecutor. 

3 (B) The rate and basis of compensation of 

4 an entry-level full-time staff attorney shall be 

5 equivalent to the rate and basis of compensa6 tion of an entry-level full-time staff attorney 

7 employed by the corresponding prosecutor’s of8 fice. 

9 (C) The rate and basis of compensation of 

10 a non-entry-level full-time staff attorney shall 

11 be equivalent to the greater of— 

12 (i) the rate and basis of compensation 

13 of a full-time staff attorney employed by 

14 the corresponding prosecutor’s office who 

15 has the same number of years of experi16 ence working as a criminal attorney; or 

17 (ii) the rate and basis of compensa18 tion of a full-time staff attorney employed 

19 by the corresponding prosecutor’s office 

20 who has an equivalent supervisory or man21 agerial role. 

22 (D) In the case of an eligible entity that is 

23 not a public defender’s office, the rate of com24 pensation of a private attorney appointed by an 

25 applicable court to represent a defendant shall 


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1 be equivalent to the rate of compensation of an 

2 attorney appointed under section 3006A of title 

3 18, United States Code, by the United States 

4 district court for the Federal judicial district in 

5 which the applicable court is located, for the 

6 same or a similar type of case. 

7 (E) The rate and basis of compensation of 

8 a full-time investigator shall be equivalent to 

9 the rate and basis of compensation of a full10 time investigator employed by the cor11 responding prosecutor’s office who has the same 

12 number of years of experience working as an in13 vestigator. 

14 (F) The rate and basis of compensation of 

15 a full-time paralegal shall be equivalent to the 

16 rate and basis of compensation of a full-time 

17 paralegal employed by the corresponding pros18 ecutor’s office who has the same number of 

19 years of experience working as a paralegal. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Attorney General 

22 to carry out this section— 

23 (1) $250,000,000 for each of the first 5 fiscal 

24 years beginning after the date of enactment of this 

25 Act; and 


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1 (2) such sums as may be necessary for each fis2 cal year thereafter. 

3 SEC. 5. PROGRESS REPORTS; CERTIFICATIONS. 

4 (a) PROGRESS REPORTS.—For each of the first 5 fis5 cal years for which a State or Tribal organization receives 

6 a covered grant, the State or Tribal organization shall 

7 submit a report to the Attorney General that— 

8 (1) documents the progress of the State or 

9 Tribal organization in meeting the requirements 

10 under section 4(b)(3); 

11 (2) provides a formal accounting of total 

12 amounts expended on public defense during the fis13 cal year by the— 

14 (A) State, including each unit of local gov15 ernment in the State; or 

16 (B) Tribal organization; 

17 (3) provides a formal accounting of total 

18 amounts expended on prosecution during the fiscal 

19 year by the— 

20 (A) State, including each unit of local gov21 ernment in the State; or 

22 (B) Tribal organization; and 

23 (4) documents the progress of the State, includ24 ing each unit of local government in the State, or 


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1 Tribal organization in achieving overall resource par2 ity between prosecution and public defense. 

3 (b) CERTIFICATIONS.— 

4 (1) DATA COLLECTION PROCESS.—For the first 

5 fiscal year for which an eligible entity receives a cov6 ered grant, the eligible entity shall submit to the At7 torney General a certification that the eligible entity 

8 has developed and implemented a data collection 

9 process in accordance with section 4(b)(1)(A). 

10 (2) WORKLOAD LIMITS.— 

11 (A) COMPLIANCE.—Subject to subpara12 graph (B), for the third fiscal year for which an 

13 eligible entity receives a covered grant, and 

14 each fiscal year thereafter, the eligible entity 

15 shall submit to the Attorney General a certifi16 cation that the eligible entity has complied with 

17 the workload limits developed under section 

18 4(b)(2). 

19 (B) REQUIREMENT.—If an eligible entity 

20 is unable to certify under subparagraph (A) 

21 that the eligible entity has complied with the 

22 workload limits developed under section 

23 4(b)(2)— 

24 (i) the eligible entity shall report to 

25 the Attorney General the number of addiVerDate Sep 11 2014 02:46 May 16, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1377.IS S1377

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1 tional public defenders and the amount of 

2 additional funding needed to ensure com3 pliance with the limits developed under 

4 that section; and 

5 (ii) the Attorney General shall factor 

6 the information provided under clause (i) 

7 into the amount of the covered grant 

8 awarded to the eligible entity for the fol9 lowing fiscal year. 

10 (3) COMPENSATION PARITY.—For the sixth fis11 cal year, and each subsequent fiscal year, for which 

12 an eligible entity receives a covered grant, the eligi13 ble entity shall submit to the Attorney General a 

14 certification that the eligible entity is in compliance 

15 with section 4(b)(3). 

16 SEC. 6. REQUIREMENTS FOR STATES RECEIVING BYRNE 

17 JAG FUNDS. 

18 (a) DATA COLLECTION.— 

19 (1) IN GENERAL.—For any fiscal year begin20 ning after the date of enactment of this Act, a State 

21 that receives funds under subpart 1 of part E of 

22 title I of the Omnibus Crime Control and Safe 

23 Streets Act of 1968 (34 U.S.C. 10501 et seq.) shall 

24 submit to the Attorney General data on the fol25 lowing with respect to criminal cases heard by a 


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1 court of the State or of a unit of local government 

2 in the State during that fiscal year: 

3 (A) The number of cases for which a de4 fendant waived his or her right to counsel, and 

5 the number of charges in each case, broken 

6 down by race, ethnicity, and gender of the de7 fendant. 

8 (B) The number of cases for which a de9 fendant was represented in court by counsel 

10 who was publicly appointed, broken down by— 

11 (i) public defender, court-appointed 

12 private attorney, or contract attorney, and 

13 the number of charges in each case; and 

14 (ii) race, ethnicity, and gender of the 

15 defendant. 

16 (C) The number of cases for which a de17 fendant was represented in court by counsel 

18 who was not publicly appointed, and the num19 ber of charges in each case, broken down by 

20 race, ethnicity, and gender of the defendant. 

21 (2) APPLICABLE CRIMINAL OFFENSES.—A 

22 State shall submit data under paragraph (1) with 

23 respect to— 


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1 (A) criminal offenses for which a term of 

2 imprisonment of more than 1 year may be im3 posed; 

4 (B) criminal offenses for which a term of 

5 imprisonment of 1 year or less may be imposed, 

6 including misdemeanors, traffic violations, and 

7 violations of municipal ordinances; and 

8 (C) acts of juvenile delinquency or juvenile 

9 status offenses for which any term of detention 

10 may be imposed. 

11 (3) WITHHOLDING OF FUNDS.—If a State does 

12 not comply with paragraph (1) or (2) for a fiscal 

13 year, the Attorney General shall withhold from the 

14 State 20 percent of the funds that would otherwise 

15 be allocated to the State for the following fiscal year 

16 under subpart 1 of part E of title I of the Omnibus 

17 Crime Control and Safe Streets Act of 1968 (34 

18 U.S.C. 10501 et seq.). 

19 SEC. 7. FUNDING TO TRAIN PUBLIC DEFENDERS. 

20 (a) DEFINITION.—In this section, the term ‘‘eligible 

21 entity’’ means an entity that— 

22 (1) is— 

23 (A) an organization— 

24 (i) described in paragraph (3) or (6) 

25 of section 501(c) of the Internal Revenue 


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1 Code of 1986 and exempt from taxation 

2 under section 501(a) of such Code; or 

3 (ii) funded by a State or unit of local 

4 government; or 

5 (B) a State, unit of local government, In6 dian Tribal government, or political subdivision 

7 of an Indian Tribe; and 

8 (2) has a comprehensive educational program 

9 specific to public defenders that offers— 

10 (A) ongoing training and support; and 

11 (B) programming that includes— 

12 (i) skills training, including pretrial 

13 practice, negotiation skills, and trial skills; 

14 (ii) client-centered values; 

15 (iii) implicit bias training; 

16 (iv) leadership development; and 

17 (v) ongoing support to reinforce the 

18 training curriculum. 

19 (b) GRANTS.—The Attorney General shall award 

20 grants to eligible organizations to be used to train public 

21 defenders, court-appointed private attorneys, and contract 

22 attorneys. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Attorney General 

25 to carry out this section $5,000,000 for each of the first 


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1 5 fiscal years beginning after the date of enactment of 

2 this Act. 

3 SEC. 8. ENHANCEMENT OF STUDENT LOAN REPAYMENT 

4 PROGRAM. 

5 (a) REAUTHORIZATION.—Section 3001(j) of title I of 

6 the Omnibus Crime Control and Safe Streets Act of 1968 

7 (34 U.S.C. 10671(j)) is amended— 

8 (1) by striking ‘‘this section $25,000,000’’ and 

9 inserting the following: ‘‘this section— 

10 ‘‘(1) $25,000,000’’; and 

11 (2) by striking the period at the end and insert12 ing the following: ‘‘; and 

13 ‘‘(2) $75,000,000 for each of fiscal years 2019 

14 through 2022.’’. 

15 (b) INCREASING LIMITS ON REPAYMENT AMOUNT.— 

16 Section 3001(d)(3)(A) of title I of the Omnibus Crime 

17 Control and Safe Streets Act of 1968 (34 U.S.C. 

18 10671(d)(3)(A)) is amended— 

19 (1) in clause (i), by striking ‘‘$10,000’’ and in20 serting ‘‘$35,000’’; and 

21 (2) in clause (ii), by striking ‘‘$60,000’’ and in22 serting ‘‘$200,000’’. 

Æ 


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