I

103D CONGRESS

2D SESSION H. R. 5008

To Combat Crime.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 21, 1994

Mr. BREWSTER (for himself, Mr. HUNTER, Mr. PETE GEREN of Texas, Mr.

COX, Mr. PETERSON of Minnesota, Mr. MCINNIS, Mr. TAYLOR of Mississippi, Mr. BAKER of California, Mr. TAUZIN, Mr. BARTLETT of Maryland, Mr. PARKER, Mr. BOEHNER, Mr. BROWDER, Mr. BONILLA, Mr.

CHAPMAN, Mr. BUNNING, Mr. DEAL, Mr. BURTON of Indiana, Ms.

DANNER, Mr. CALLAHAN, Mr. TANNER, Mr. MANZULLO, Mr. STENHOLM,

Mr. COLLINS of Georgia, Mr. SARPALIUS, Mr. ARMEY, Mr. HALL of

Texas, Mr. CRANE, Mr. VALENTINE, Mr. DOOLITTLE, Mr. ORTON, Mr.

DUNCAN, Mr. HUTTO, Ms. DUNN, Mr. MONTGOMERY, Mr. EMERSON,

Mr. RAHALL, Mr. EVERETT, Mr. CONDIT, Mr. EWING, Mr. ROWLAND,

Mr. GILMAN, Mr. WILSON, Mr. HANCOCK, Mr. HOLDEN, Mr. HEFLEY,

Mr. TEJEDA, Mr. HERGER, Mr. CRAMER, Mr. HOEKSTRA, Mr. BARCIA

of Michigan, Mr. ALLARD, Mr. DICKEY, Mr. HYDE, Mr. KLINK, Mr. KIM,

Mr. HAYES, Mr. KINGSTON, Mr. STUPAK, Mr. KYL, Mr. LAUGHLIN, Mr.

LEWIS of Florida, Mrs. THURMAN, Mr. LINDER, Mr. PETERSON of Florida, Mr. LIGHTFOOT, Mr. MURPHY, Mr. CALVERT, Mr. SKELTON, Mr.

MCCOLLUM, Mr. DE LA GARZA, Mr. BACHUS of Alabama, Mr. DARDEN,

Mr. MCKEON, Mr. ORTIZ, Mr. MOORHEAD, Mr. VOLKMER, Mr. PACKARD, Mr. SWETT, Mr. QUILLEN, Mr. COOPER, Mr. ROHRABACHER, Mr.

MOLLOHAN, Mr. SCHAEFER, Mr. WISE, Mr. SHAW, Mr. SMITH of Michigan, Mr. SOLOMON, Mr. STEARNS, Mr. STUMP, Mr. TAYLOR of North

Carolina, Mr. ZELIFF, Mr. FIELDS of Texas, Mrs. BENTLEY, Mr. LUCAS,

Mr. GOSS, Mr. WALKER, Mr. BARTON of Texas, Mr. HOBSON, Mr.

INHOFE, Mr. GINGRICH, Mr. ROBERTS, Mr. SENSENBRENNER, Mr.

PAXON, Mr. KNOLLENBERG, Mr. BUYER, Mr. DELAY, Mr. POMBO, Mr.

HOKE, Mr. TALENT, Mr. ISTOOK, Mr. GILLMOR, Mr. COBLE, Mr. LIVINGSTON, Mr. GRAMS, Mr. SAM JOHNSON of Texas, Mr. MCCRERY, Mr.

SANTORUM, Mr. THOMAS of Wyoming, Mr. MILLER of Florida, Mrs.

VUCANOVICH, Mr. CUNNINGHAM, Mr. DORNAN, Mr. SUNDQUIST, Mr.

CRAPO, Mr. YOUNG of Alaska, Mr. GEKAS, Mr. SHUSTER, Mr. LEWIS of

Kentucky, Mr. MYERS of Indiana, Mr. YOUNG of Florida, Mr. BAKER of

Louisiana, Mr. HASTERT, Mr. DREIER, Mr. MICA, Mr. SPENCE, Mr.

NUSSLE, Mr. GOODLATTE, Mr. BLILEY, Mr. PORTMAN, Mr. SCHIFF, Mr.

HANSEN, Mr. LEWIS of California, Mr. SKEEN, Mr. SMITH of Oregon,
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Ms. SNOWE, Mr. ROTH, Mr. CAMP, Mr. HUFFINGTON, and Mr. CANADY)

introduced the following bill; which was referred to the Committee on the

Judiciary

A BILL

To Combat Crime.

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 AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Back-To-Basics Crime Control Act of 1994’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title and table of contents.

TITLE I—GRANTS FOR CORRECTIONAL FACILITIES

Sec. 101. Grants authorized.

Sec. 102. Truth in Sentencing Incentive grants.

Sec. 103. Limitation of funds.

Sec. 104. Definitions.

TITLE II—STATE AND LOCAL LAW ENFORCEMENT GRANTS

Sec. 201. Grants authorized.

TITLE III—PROTECTION AGAINST SEXUALLY VIOLENT

PREDATORS

Sec. 301. Definitions.

Sec. 302. Establishment of program.

TITLE IV—ELIMINATION OF UNNECESSARY AND REDUNDANT

APPEALS; ENFORCEMENT OF DEATH PENALTY

Sec. 401. Period of limitation for filing writ of habeas corpus following final

judgement of a State Court.

Sec. 402. Authority of Appellate Judges to issue certificates of probable cause

for appeal in habeas corpus and federal collateral relief proceedings.

Sec. 403. Conforming amendment to the rules of appellate procedure.
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Sec. 404. Discretion to deny habeas corpus application despite failure to exhaust State remedies.

Sec. 405. Period of limitation for federal prisoners filing for collateral remedy.

Sec. 406. Special procedures for collateral proceedings in capital cases.

TITLE V—REFORM OF ‘EXCLUSIONARY RULE’

Sec. 501. Reform of exclusionary rule.

TITLE VI—TRUTH-IN-SENTENCING

Sec. 601. Release of prisoner.

Sec. 602. Computation generally.

TITLE VII—PRISON WORK REQUIRED; LUXURIES ABOLISHED

Sec. 701. Luxuries abolished.

Sec. 702. Award of Pell Grants to prisoners prohibited.

TITLE VIII—IMPROVING BORDER CONTROLS

Sec. 801. Grants for border control.

Sec. 802. Expediting criminal alien deportation and exclusion.

Sec. 803. Authorizing registration of aliens on criminal probation or criminal

parole.

Sec. 804. Expansion in definition of ‘aggravated felony’.

Sec. 805. Deportation procedures for certain criminal aliens who are not permanent residents.

Sec. 806. Judicial deportation.

Sec. 807. Restricting defenses to deportation for certain criminal aliens.

Sec. 808. Enhancing penalties for failing to depart, or reentering, after final

order of deportation.

Sec. 809. Miscellaneous and technical changes.

Sec. 810. Authorization of appropriations for criminal alien information system.

TITLE IX—ENHANCED GUN PENALTIES

Sec. 901. Enhanced penalties for persons convicted of using or carrying a firearm during and in relation to a felony.

Sec. 902. Mandatory minimum sentence for unlawful possession of a firearm by

convicted felon, fugitive from justice, addict or unlawful user

of controlled substance, or transferor or receiver of stolen firearm.

TITLE X—VIOLENT CRIME REDUCTION TRUST FUND

Sec. 1001. Creation of Violent Crime Reduction Trust Fund.

Sec. 1002. Extension of authorizations of appropriations for fiscal years for

which the full amount authorized is not appropriated.

Sec. 1003. Flexibility in making of appropriations.

TITLE XI—MANDATORY LIFE IMPRISONMENT FOR PERSONS

CONVICTED OF CERTAIN FELONIES

Sec. 1101. Mandatory life imprisonment for persons convicted of certain felonies.

Sec. 1102. Limited grant of authority to Bureau of Prisons.
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1 TITLE I—GRANTS FOR CORRECTIONAL

2 FACILITIES

3 SEC. 101. GRANTS AUTHORIZED.

4 (a) GRANT AUTHORIZATION.—The Attorney General

5 shall make grants to individual States to construct, ex6 pand, and improve prisons and jails.

7 (b) AMOUNTS AUTHORIZED.—Grants totalling

8 $3,000,000,000 shall be made to each State not later than

9 October 30, 1994, and grants to each State totalling

10 $3,000,000,000 shall be made annually thereafter in each

11 of the years from fiscal year 1996 through fiscal year

12 1998.

13 (c) GRANT ALLOCATION.—All such grants shall be

14 made without conditions imposed by the Federal Govern15 ment, notwithstanding any other provision of Federal law,

16 except to comply with the provisions of this title and that

17 the use of such funds shall be exclusively for the construc18 tion of prisons and jails. States shall be encouraged to al19 locate appropriate portions of their grants to local govern20 ments within their jurisdictions for the construction of

21 jails.

22 (d) AUTHORIZATION OF APPROPRIATION.—There are

23 authorized to be appropriated to carry out this title

24 $3,000,000,000 for each of fiscal years 1995, 1996, 1997
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1 and 1998. All such moneys shall be appropriated from the

2 Violent Crime Reduction Trust Fund.

3 (e) DISTRIBUTION OF FUNDS IN FISCAL YEAR

4 1995.—Of the total amount of funds appropriated under

5 this title in fiscal year 1995, there shall be allocated to

6 each State an amount which bears the same ratio to the

7 amount of funds appropriated pursuant to this title as the

8 number of part I violent crimes reported by the States

9 to the Federal Bureau of Investigation for 1993 bears to

10 the number of part I violent crimes reported by all States

11 to the Federal Bureau of Investigation for 1993.

12 (f) DISTRIBUTION OF FUNDS IN FISCAL YEAR 1996

13 THROUGH 1999.—Seventy-five percent of the total

14 amount of funds appropriated under this title in fiscal

15 years 1996, 1997, and 1998, shall be allocated to each

16 State according to the formula established in subsection

17 (e) adjusted to reflect in each year the most recent data

18 from the Federal Bureau of Investigation reporting part

19 I violent crimes.

20 SEC. 102. TRUTH IN SENTENCING INCENTIVE FUND.

21 (a) Twenty-five percent of total amount of funds ap22 propriated under this title in each of fiscal years 1996,

23 1997, 1998 shall be allocated to each eligible State accord24 ing to the same ratios established in section 101 multiplied

25 by the percentage change in States’ percentage of time
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1 to be served by the persons convinced of violent crimes

2 divided by the average of all States’ percentage change

3 in percentage of time to be served by the persons convicted

4 of violent crimes. States which have achieved a Truth in

5 Sentencing standard of violent criminals serving 85 per6 cent of prison time assessed shall receive the incentive

7 funds based on the average of such percentage change ra8 tios of all States multiplied by the States percentage of

9 total part I violent crime reported.

10 (b) ELIGIBILITY FOR TRUTH IN SENTENCING INCEN11 TIVE FUND.—In order to be eligible for grants under sub12 section (a), a State must demonstrate that it has, since

13 1993—

14 (1) increased the percentage of convicted violent

15 offenders sentenced to prison;

16 (2) increased the average prison time actually

17 to be served in prison by convicted violent offenders

18 sentenced to prison; and

19 (3) increased the percentage of sentence to be

20 actually served in prison by violent offenders sen21 tenced prison.

22 (c) LAW CHANGES.—As evidence of such good faith

23 effort to meet the goals contained in subsection (b), a

24 State may make changes to its laws and regulations which

25 may include—
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1 (1) truth in sentencing laws which will require

2 persons convicted of violent crimes to serve not less

3 than 85 percent of the sentence imposed;

4 (2) mandatory prison sentences for persons con5 victed of the most serious violent crimes;

6 (3) pretrial detention for persons whose release

7 it can be shown would pose a danger to any other

8 person or the community;

9 (4) sentencing authority to allow the defend10 ant’s victims or the family of victims the opportunity

11 to be heard regarding the issue of sentencing and

12 provide that the victim or the victim’s family will be

13 notified whenever such defendant is to be released;

14 or

15 (5) that a person who is convicted of a serious

16 violent crime shall be sentenced to life imprisonment

17 if—

18 (A) the person has been convicted on 2 or

19 more prior occasions in a court of the United

20 States or of a State of a serious violent crime,

21 or of 1 or more serious violent crimes and 1 or

22 more serious drug offenses; and

23 (B) each serious violent crime or serious

24 drug offense used as a basis for sentencing

25 under this subsection, other than the first, was
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1 committed after the defendant’s conviction of

2 the preceding serious violent crime or serious

3 drug offense.

4 SEC. 103. LIMITATIONS OF FUNDS.

5 (a) NONSUPPLANTING REQUIREMENT.—Funds made

6 available under the title shall not be used to supplant

7 State funds, but shall be used to increase the amount of

8 funds that would, in the absence of Federal funds, be

9 made available from State sources.

10 (b) ADMINISTRATIVE COSTS.—Not more than 3 per11 cent of the funds available under the title may be used

12 for administrative costs.

13 (c) MATCHING FUNDS.—The portion of the costs of

14 a program provided by a grant under this title may not

15 exceed 90 percent of the total costs of the program as de16 scribed in application.

17 (d) CARRY OVER OF APPROPRIATIONS.—Any funds

18 appropriated but not expended as provided by this section

19 during any fiscal year shall be carried over and will be

20 made available until expended.

21 SEC. 104. DEFINITIONS.

22 For purposes of this title—

23 (1) the term ‘‘violent crime’’ means—
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1 (A) a felony offense that has as an element

2 the use, attempted use, or threatened use of

3 physical force against the person of another, or

4 (B) any other offense that is a felony and

5 that, by its nature, involves substantial risk

6 that physical force against the person of an7 other may be used in the course of committing

8 the offense;

9 (2) the term ‘‘serious drug offender’’ has the

10 same meaning as that is used in section

11 924(e)(2)(A) of title 18, United States Code;

12 (3) the term ‘‘State’’ means any of the United

13 States and the District of Columbia;

14 (4) the term ‘‘convicted’’ means convicted and

15 sentenced to a term in a State corrections institution

16 or a period of formal probation; and

17 (5) the term ‘‘part I violent crimes’’ means

18 murder, rape, robbery, and aggravated assault as

19 those offenses are reported to the Federal Bureau of

20 Investigation for purposes of the Uniform Crime

21 Reports.
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1 TITLE II—STATE AND LOCAL LAW

2 ENFORCEMENT GRANTS.

3 SEC. 201. GRANTS AUTHORIZED.

4 (a) GRANT AUTHORIZATION.—The Attorney General

5 shall make grants to individual States to increase the

6 number of law enforcement officers in service.

7 (b) AMOUNTS AUTHORIZED.—Grants totalling

8 $3,000,000,000 shall be made to each State not later than

9 October 30, 1994, and grants to each State totalling

10 $3,000,000,000 shall be made annually thereafter in each

11 of the fiscal years from fiscal year 1996 through fiscal

12 year 1998.

13 (c) GRANT ALLOCATION.—All such grants shall be

14 made without conditions imposed by the Federal govern15 ment, notwithstanding any other provision of Federal law,

16 except that the use of such funds shall be exclusively to

17 increase the number of law enforcement officers in service.

18 (d) GRANT FORMULA.—States shall be required to

19 allocate 80 percent of their grants to local government for

20 use by local law enforcement, as nearly as possible in pro21 portion to the populations served by such local law en22 forcement agencies.
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1 TITLE III—PROTECTION AGAINST

2 SEXUALLY VIOLENT PREDATORS

3 SEC. 301. DEFINITIONS.

4 As used in this title:

5 (1) MENTAL ABNORMALITY.—The term ‘‘men6 tal abnormality’’ means a congenital or acquired

7 condition of a person that affects the emotional or

8 volitional capacity of the person in a manner that

9 predisposes the person to the commission of criminal

10 sexual acts to a degree that makes the person a

11 menace to the health and safety of other persons.

12 (2) PREDATORY.—The term ‘‘predatory’’, with

13 respect to an act, means an act directed towards a

14 stranger, or a person with whom a relationship has

15 been established or promoted, for the primary pur16 pose of victimization.

17 (3) SEXUALLY VIOLENT OFFENSE.—The term

18 ‘‘sexually violent offense’’ means an act that is a vio19 lation of title 18, United States Code or State crimi20 nal code that—

21 (A) involves the use or attempted or

22 threatened use of physical force against the per23 son or property of another person; and

24 (B) is determined beyond a reasonable

25 doubt to be sexually motivated.
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1 (4) SEXUALLY VIOLENT PREDATOR.—The term

2 ‘‘sexually violent predator’’ means a person who has

3 been convicted of a sexually violent offense and who

4 suffers from a mental abnormality or personality

5 disorder that makes the person likely to engage in

6 predatory sexually violent offenses.

7 SEC. 302. ESTABLISHMENT OF PROGRAM.

8 (a) IN GENERAL.—

9 (1) STATE GUIDELINE.—In accordance with

10 this section, the Attorney General shall establish

11 guidelines for State programs to require a sexually

12 violent predator to register a current address with a

13 designated State law enforcement agency upon re14 lease from prison, being placed on parole, or being

15 placed on supervised release. The Attorney General

16 shall approve each State program that complies with

17 the guidelines.

18 (2) STATE COMPLIANCE.—

19 (A) IMPLEMENTATION DATE.—A State

20 that does not implement a program described in

21 paragraph (1) by the date that is 3 years after

22 the date of enactment of this Act, and maintain

23 the implementation therafter, shall be ineligible

24 for funds in accordance with subparagraph (B).

25 (B) INELIGIBILITY FOR FUNDS.—
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1 (i) IN GENERAL.—A State that does

2 not implement the program as described in

3 subparagraph (A) shall not receive 10 per4 cent of the funds that would otherwise be

5 allocated to the State under section 506 of

6 the Omnibus Crime Control and Safe

7 Streets Act of 1968 (42 U.S.C. 3756).

8 (ii) REALLOCATION OF FUNDS.—

9 Funds made available under clause (i)

10 shall be reallocated, in accordance with

11 such section, to such States as implement

12 the program as described in subparagraph

13 (A).

14 (b) REGISTRATION REQUIREMENT UPON RELEASE,

15 PAROLE, OR SUPERVISED RELEASE.—

16 (1) IN GENERAL.—An approved State program

17 established in accordance with this section shall con18 tain the requirements described in this section.

19 (2) DETERMINATION.—The determination that

20 a person is a ‘‘sexually violent predator’’ and the de21 termination that a person is no longer a ‘‘sexually

22 violent predator’’ shall be made by the sentencing

23 court after receiving a report by a board of experts

24 on sexual offenses. Each State shall establish a
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1 board composed of experts in the field of the behav2 ior and treatment of sexual offenders.

3 (3) NOTIFICATION.—If a person who is re4 quired to register under this section is anticipated to

5 be released from prison, paroled, or placed on super6 vised release, a State prison officer shall, not later

7 than 90 days before the anticipated date of the re8 lease or commencement of the parole—

9 (A) inform the person of the duty to reg10 ister;

11 (B) inform the person that if the person

12 changes residence address, the person shall give

13 the new address to a designated State law en14 forcement agency in writing not later than 10

15 days after the change of address;

16 (C) obtain the name of the person, identi17 fying factors, anticipated future residence, of18 fense history, and documentation of any treat19 ment received for the mental abnormality or

20 personality disorder of the person; and

21 (D) require the person to read and sign a

22 form stating that the duty of the person to reg23 ister under this section has been explained.

24 (4) TRANSFER OF INFORMATION TO STATE AND

25 THE FBI.—Not later than 3 days after the receipt
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1 of the information described in paragraph (3)(C),

2 the officer shall forward the information to a des3 ignated State law enforcement agency. As soon as

4 practicable after the receipt of the information by

5 the State law enforcement agency, the agency

6 shall—

7 (A) enter the information into the appro8 priate State law enforcement record system and

9 notify the appropriate law enforcement agency

10 that has jurisdiction over the area in which the

11 person expects to reside; and

12 (B) transmit the information to the Identi13 fication Division of the Federal Bureau of

14 Investigation.

15 (5) QUARTERLY VERIFICATION.—

16 (A) MAILING TO PERSON.—Not less than

17 every 90 days after the date of the release or

18 commencement of parole of a person required to

19 register under this section, the designated State

20 law enforcement agency shall mail a

21 nonforwardable verification form to the last re22 ported address of the person.

23 (B) RETURN OF VERIFICATION FORM.—

24 (i) IN GENERAL.—The person shall

25 return, by mail, the verification form to
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1 the agency not later than 10 days after the

2 receipt of the form. The verification form

3 shall be signed by the person, and shall

4 state that the person continues to reside at

5 the address last reported to the designated

6 State law enforcement agency.

7 (ii) FAILURE TO RETURN.—If the per8 son fails to mail the verification form to

9 the designated State law enforcement

10 agency by the date that is 10 days after

11 the receipt of the form by the person, the

12 person shall be in violation of this section

13 unless the person proves that the person

14 has not changed the residence address of

15 the person.

16 (6) NOTIFICATION OF LOCAL LAW ENFORCE17 MENT AGENCIES OF CHANGES IN ADDRESS.—Any

18 change of address by a person required to register

19 under this section that is reported to the designated

20 State law enforcement agency shall as soon as prac21 ticable be reported to the appropriate law enforce22 ment agency that has jurisdiction over the area in

23 which the person is residing.

24 (7) PENALTY.—A person required to register

25 under a State program established pursuant to this
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1 section who knowingly fails to register and keep the

2 registration current shall be subject to criminal pen3 alties in the State. It is the sense of Congress that

4 the penalties should include imprisonment for not

5 less than 180 days.

6 (8) TERMINATION OF OBLIGATION TO REG7 ISTER.—The obligation of a person to register under

8 this section shall terminate on a determination made

9 in accordance with the provision of paragraph (2) of

10 this section that the person no longer suffers from

11 a mental abnormality or personality disorder that

12 would make the person likely to engage in a preda13 tory sexually violent offense.

14 (c) COMMUNITY NOTIFICATION.—The designated

15 State law enforcement agency shall release relevant infor16 mation that is necessary to protect the public concerning

17 a specific sexually violent predator required to register

18 under this section.

19 (d) IMMUNITY FOR GOOD FAITH CONDUCT.—Law

20 enforcement agencies, employees of law enforcement agen21 cies, and State officials shall be immune from liability for

22 any good faith conduct under this section.
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1 TITLE IV—ELIMINATING EXCESSIVE AND

2 REDUNDANT APPEALS

3 SEC. 401. PERIOD OF LIMITATION FOR FILING WRIT OF HA4 BEAS CORPUS FOLLOWING FINAL JUDGMENT

5 OF A STATE COURT.

6 Section 2244 of title 28, United States Code, is

7 amended by adding at the end the following:

8 ‘‘(d) A one-year period of limitation shall apply to an

9 application for a writ of habeas corpus by a person in cus10 tody pursuant to the judgment of a State court. The limi11 tation period shall run from the latest of the following

12 times:

13 ‘‘(1) The time at which State remedies are

14 exhausted.

15 ‘‘(2) The time at which the impediment to filing

16 an application created by State action in violation of

17 the Constitution or laws of the United States is re18 moved, where the applicant was prevented from fil19 ing by such State action.

20 ‘‘(3) The time at which the Federal right as21 serted was initially recognized by the Supreme

22 Court, where the right has been newly recognized by

23 the Court and is retroactively applicable.

24 ‘‘(4) The time at which the factual predicate of

25 the claim or claims presented could have been dis-
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1 covered through the exercise of reasonable dili2 gence.’’.

3 SEC. 402. AUTHORITY OF APPELLATE JUDGES TO ISSUE

4 CERTIFICATES OF PROBABLE CAUSE FOR AP5 PEAL IN HABEAS CORPUS AND FEDERAL COL6 LATERAL RELIEF PROCEEDINGS.

7 Section 2253 of title 28, United States Code, is

8 amended to read as follows:

9 ‘‘§ 2253. Appeal

10 ‘‘(a) In a habeas corpus proceeding or a proceeding

11 under section 2255 of this title before a circuit or district

12 judge, the final order shall be subject to review, on appeal,

13 by the court of appeals for the circuit where the proceed14 ing is had.

15 ‘‘(b) There shall be no right of appeal from such an

16 order in a proceeding to test the validity of a warrant to

17 remove, to another district or place for commitment or

18 trial, a person charged with a criminal offense against the

19 United States, or to test the validity of his detention pend20 ing removal proceedings.

21 ‘‘(c) An appeal may not be taken to the court of ap22 peals from the final order in a habeas corpus proceeding

23 where the detention complained of arises out of process

24 issued by a State court, or from the final order in a pro-
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1 ceeding under section 2255 of this title, unless a circuit

2 justice or judge issues a certificate of probable cause.’’.

3 SEC. 403. CONFORMING AMENDMENT TO THE RULES OF AP4 PELLATE PROCEDURE.

5 Federal Rule of Appellate Procedure 22 is amended

6 to read as follows:

7 ‘‘RULE 22

8 ‘‘HABEAS CORPUS AND SECTION 2255 PROCEEDINGS

9 ‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA10 BEAS CORPUS.—An application for a writ of habeas cor11 pus shall be made to the appropriate district court. If ap12 plication is made to a circuit judge, the application will

13 ordinarily be transferred to the appropriate district court.

14 If an application is made to or transferred to the district

15 court and denied, renewal of the application before a cir16 cuit judge is not favored; the proper remedy is by appeal

17 to the court of appeals from the order of the district court

18 denying the writ.

19 ‘‘(b) NECESSITY OF CERTIFICATE OR PROBABLE

20 CAUSE FOR APPEAL.—In a habeas corpus proceeding in

21 which the detention complained of arises out of process

22 issued by a State court, and in a motion proceeding pursu23 ant to section 2255 of title 28, United States Code, an

24 appeal by the applicant or movant may not proceed unless

25 a circuit judge issues a certificate of probable cause. If
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1 a request for a certificate of probable cause is addressed

2 to the court of appeals, it shall be deemed addressed to

3 the judges thereof and shall be considered by a circuit

4 judge or judges as the court deems appropriate. If no ex5 press request for a certificate is filed, the notice of appeal

6 shall be deemed to constitute a request addressed to the

7 judges of the court of appeals. If an appeal is taken by

8 a State or the Government or its representative, a certifi9 cate of probable cause is not required.’’.

10 SEC. 404. DISCRETION TO DENY HABEAS CORPUS APPLICA11 TION DESPITE FAILURE TO EXHAUST STATE

12 REMEDIES.

13 Section 2254(b) of title 28, United State Code, is

14 amended to read as follows:

15 ‘‘(b) An application for a writ of habeas corpus in

16 behalf of a person in custody pursuant to the judgment

17 of a State court shall not be granted unless it appears

18 that the applicant has exhausted the remedies available

19 in the courts of the State, or that there is either an ab20 sence of available State corrective process or the existence

21 of circumstances rendering such process ineffective to pro22 tect the rights of the applicant. An application may be

23 denied on the merits notwithstanding the failure of the

24 applicant to exhaust the remedies available in the courts

25 of the State.’’.
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1 SEC. 405. PERIOD OF LIMITATION FOR FEDERAL PRIS2 ONERS FILING FOR COLLATERAL REMEDY.

3 Section 2255 of title 28, United States Code, is

4 amended by striking the second paragraph and the penul5 timate paragraph thereof, and by adding at the end the

6 following new paragraphs:

7 ‘‘A two-year period of limitation shall apply to a mo8 tion under this section. The limitation period shall run

9 from the latest of the following times:

10 ‘‘(1) The time at which the judgment of convic11 tion becomes final.

12 ‘‘(2) The time at which the impediment to mak13 ing a motion created by governmental action in vio14 lation of the Constitution or laws of the United

15 States is removed, where the movant was prevented

16 from making a motion by such governmental action.

17 ‘‘(3) The time at which the right asserted was

18 initially recognized by the Supreme Court, where the

19 right has been newly recognized by the Court and is

20 retroactively applicable.

21 ‘‘(4) The time at which the factual predicate of

22 the claim or claims presented could have been dis23 covered through the exercise of reasonable dili24 gence.’’.
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1 SEC. 406. SPECIAL PROCEDURES FOR COLLATERAL PRO2 CEEDINGS IN CAPITAL CASES.

3 Title 28, United States Code, is amended by inserting

4 the following new chapter immediately following chapter

5 153:

‘‘CHAPTER 154—HABEAS CORPUS PROCEDURES IN CAPITAL

CASES

‘‘Sec.

‘‘2256. Prisoners in State custody subject to capital sentence; appointment of

counsel; requirement of rule of court or statute; procedures for

appointment.

‘‘2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.

‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules.

‘‘2259. Evidentiary hearings; scope of Federal review; district court adjudication.

‘‘2260. Certificate of probable cause inapplicable.

‘‘2261. Application to State unitary review procedures.

‘‘2262. Limitation periods for determining petitions.

‘‘2263. Rule of construction.

6 ‘‘§ 2256. Prisoners in State custody subject to capital

7 sentence; appointment of counsel; re8 quirement of rule of court or statute; pro9 cedures for appointment

10 ‘‘(a) This chapter shall apply to cases arising under

11 section 2254 brought by prisoners in State custody who

12 are subject to a capital sentence. It shall apply only if the

13 provisions of subsections (b) and (c) are satisfied.

14 ‘‘(b) This chapter is applicable if a State establishes

15 by rule of its court of last resort or by statute a mecha16 nism for the appointment, compensation and payment of

17 reasonable litigation expenses of competent counsel in

18 State postconviction proceedings brought by indigent pris-
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1 oners whose capital convictions and sentences have been

2 upheld on direct appeal to the court of last resort in the

3 State or have otherwise become final for State law pur4 poses. The rule of court or statute must provide standards

5 of competency for the appointment of such counsel.

6 ‘‘(c) Any mechanism for the appointment, compensa7 tion and reimbursement of counsel as provided in sub8 section (b) must offer counsel to all State prisoners under

9 capital sentence and must provide for the entry of an

10 order by a court of record (1) appointing one or more

11 counsel to represent the prisoner upon a finding that the

12 prisoner is indigent and accepted the offer or is unable

13 competently to decide whether to accept or reject the offer;

14 (2) finding, after a hearing if necessary, that the prisoner

15 rejected the offer of counsel and made the decision with

16 an understanding of its legal consequences; or (3) denying

17 the appointment of counsel upon a finding that the pris18 oner is not indigent.

19 ‘‘(d) No counsel appointment pursuant to subsections

20 (b) and (c) to represent a State prisoner under capital

21 sentence shall have previously represented the prisoner at

22 trial or on direct appeal in the case for which the appoint23 ment is made unless the prisoner and counsel expressly

24 request continued representation.
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1 ‘‘(e) The ineffectiveness or incompetence of counsel

2 during State or Federal collateral postconviction proceed3 ings in a capital case shall not be a ground for relief in

4 a proceeding arising under section 2254 of this chapter.

5 This limitation shall not preclude the appointment of dif6 ferent counsel, on the court’s own motion or at the request

7 of the prisoner, at any phase of State or Federal

8 postconviction proceedings on the basis of the ineffective9 ness or incompetence of counsel in such proceedings.

10 ‘‘§ 2257. Mandatory stay of execution; duration; limits

11 on stays of execution; successive peti12 tions

13 ‘‘(a) Upon the entry in the appropriate State court

14 of record of an order under section 2256(c), a warrant

15 or order setting an execution date for a State prisoner

16 shall be stayed upon application to any court that would

17 have jurisdiction over any proceedings filed under section

18 2254. The application must recite that the State has in19 voked the postconviction review procedures of this chapter

20 and that the scheduled execution is subject to stay.

21 ‘‘(b) A stay of execution granted pursuant to sub22 section (a) shall expire if—

23 ‘‘(1) a State prisoner fails to file a habeas cor24 pus petition under section 2254 within the time re25 quired in section 2258, or fails to make a timely ap-
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1 plication for court of appeals review following the de2 nial of such a petition by a district court;

3 ‘‘(2) upon completion of district court and court

4 of appeals review under section 2254 the petition for

5 relief is denied and (A) the time for filing a petition

6 for certiorari has expired and no petition has been

7 filed; (B) a timely petition for certiorari was filed

8 and the Supreme Court denied the petition; or (C)

9 a timely petition for certiorari was filed and upon

10 consideration of the case, the supreme Court dis11 posed of it in a manner that left the capital sentence

12 undisturbed; or

13 ‘‘(3) before a court of competent jurisdiction, in

14 the presence of counsel and after having been ad15 vised of the consequences of his decision, a State

16 prisoner under capital sentence waives the right to

17 pursue habeas corpus review under section 2254.

18 ‘‘(c) If one of the conditions in subsection (b) has

19 occurred, no Federal court thereafter shall have the au20 thority to enter a stay of execution or grant relief in a

21 capital case unless—

22 ‘‘(1) the basis for the stay and request for relief

23 is a claim not previously presented in the State or

24 Federal courts;
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1 ‘‘(2) the failure to raise the claim is (A) the re2 sult of State action in violation of the Constitution

3 or laws of the United States; (B) the result of the

4 Supreme Court recognition of a new Federal right

5 that is retroactively applicable; or (C) based on a

6 factual predicate that could not have been discovered

7 through the exercise of reasonable diligence in time

8 to present the claim for State or Federal

9 postconviction review; and

10 ‘‘(3) The facts underlying the claim would be

11 sufficient to establish by clear and convincing evi12 dence that but for constitutional error, no reasonable

13 fact finder would have found the petitioner guilty of

14 the underlying offense or eligible for the death pen15 alty under State law.

16 ‘‘(d) Notwithstanding any other provision of

17 law, no Federal district court or appellate judge

18 shall have the authority to enter a stay of execution,

19 issue injunctive relief, or grant any equitable or

20 other relief in a capital case on any successive ha21 beas petition (or other action which follows the final

22 determination of a first habeas corpus petition) un23 less the court first determines the petition or other

24 action does not constitute an abuse of the writ. This

25 determination shall be made only by the district
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1 judge or appellate panel who adjudicated the merits

2 of the original habeas petition (or to the district

3 judge or appellate panel to which the case may have

4 been subsequently assigned as a result of the un5 availability of the original court or judges). In the

6 Federal courts of appeal, a stay may issue pursuant

7 to the terms of this provision only when a majority

8 of the original panel or majority of the active judges

9 determines the petition does not constitute an abuse

10 of the writ.

11 ‘‘§ 2258. Filing of habeas corpus petition; time re12 quirements; tolling rules

13 ‘‘Any petition for habeas corpus relief under section

14 2254 must be filed in the appropriate district court within

15 one hundred and eighty days from the filing in the appro16 priate State court of record of an order under section

17 2256(c). The time requirements establish by this section

18 shall be tolled—

19 ‘‘(1) from the date that a petition for certiorari

20 is filed in the Supreme Court until the date of final

21 disposition of the petition if a State prisoner files

22 the petition to secure review by the Supreme Court

23 of the affirmance of a capital sentence on direct re24 view by the court of last resort of the State or other

25 final State court decision on direct review;
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1 ‘‘(2) during any period in which a State pris2 oner under capital sentence has a properly filed re3 quest for postconviction review pending before a

4 State court of competent jurisdiction; if all State fil5 ing rules are met in a timely manner, this period

6 shall run continuously from the date that the State

7 prisoner initially files for postconviction review until

8 final disposition of the case by the highest court of

9 the State, but the time requirements established by

10 this section are not tolled during the pendency of a

11 petition for certiorari before the Supreme Court ex12 cept as provided in paragraph (1); and

13 ‘‘(3) during an additional period not to exceed

14 sixty days, if (A) a motion for an extension of time

15 is filed in the Federal district court that would have

16 proper jurisdiction over the case upon the filing of

17 a habeas corpus petition under section 2254; and

18 (B) a showing of good cause is made for the failure

19 to file the habeas corpus petition within the time pe20 riod established by this section.

21 § 2259. Evidentiary hearings; scope of Federal review;

22 district court adjudication

23 ‘‘(a) Whenever a State prisoner under a capital sen24 tence files a petition for habeas corpus relief to which this

25 chapter applies, the district court shall—
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1 ‘‘(1) determine the sufficiency of the record for

2 habeas corpus review based on the claims actually

3 presented and litigated in the State courts except

4 when the prisoner can show that the failure to raise

5 or develop a claim in the State courts is (A) the re6 sult of State action in violation of the Constitution

7 or laws of the United States; (B) the result of the

8 Supreme Court recognition of a new Federal right

9 that is retroactively applicable; or (C) based on a

10 factual predicate that could not have been discovered

11 through the exercise of reasonable diligence in time

12 to present the claim for State postconviction review;

13 and

14 ‘‘(2) conduct any requested evidentiary hearing

15 necessary to complete the record for habeas corpus

16 review.

17 ‘‘(b) Upon the development of a complete evidentiary

18 record, the district court shall rule on the claims that are

19 properly before it.

20 ‘‘§ 2260. Certificate of probable cause inapplicable

21 ‘‘The requirement of a certificate of probable cause

22 in order to appeal from the district court to the court of

23 appeals does not apply to habeas corpus cases subject to

24 the provisions of this chapter except when a second or suc25 cessive petition is filed.
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1 § 2261. Application to State unitary review procedure

2 ‘‘(a) For purposes of this section, a ‘unitary review’

3 procedure means a State procedure that authorizes a per4 son under sentence of death to raise, in the course of di5 rect review of the judgment, such claims as could be raised

6 on collateral attack. The provisions of this chapter shall

7 apply, as provided in this section, in relation to a State

8 unitary review procedure if the State established by rule

9 of its court of last resort or by statute a mechanism for

10 the appointment, compensation and payment of reasonable

11 litigation expenses of competent counsel in the unitary re12 view proceedings, including expenses relating to the litiga13 tion of collateral claims in the proceedings. The rule of

14 court of statute must provide standards of competency for

15 the appointment of such counsel.

16 ‘‘(b) A unitary review procedure, to qualify under this

17 section, must include an offer of counsel following trial

18 for the purpose of representation on unitary review, and

19 entry of an order, as provided in section 2256(c), concern20 ing appointment of counsel or waiver or denial of appoint21 ment of counsel for that purpose. No counsel appointed

22 to represent the prisoner in the unitary review proceedings

23 shall have previously represented the prisoner at trial in

24 the case for which the appointment is made unless the

25 prisoner and counsel expressly request continued represen26 tation.
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1 ‘‘(c) Sections 2257, 2258, 2259, 2260, and 2262

2 shall apply in relation to cases involving a sentence of

3 death from any State having a unitary review procedure

4 that qualifies under this section. References to State ‘post5 conviction review’ and ‘direct review’ in those sections

6 shall be understood as referring to unitary review under

7 the State procedure. The references in sections 2257(a)

8 and 2258 to ‘an order under section 2256(c)’ shall be un9 derstood as referring to the post-trial order under sub10 section (b) concerning representation in the unitary review

11 proceedings, but if a transcript of the trial proceedings

12 is unavailable at the time of the filing of such an order

13 in the appropriate State court, then the start of the one

14 hundred and eighty day limitation period under section

15 2258 shall be deferred until a transcript is made available

16 to the prisoner or his counsel.

17 ‘‘§ 2262. Limitation periods for determining petitions

18 ‘‘(a)(1) A Federal district court shall determine such

19 a petition or motion within 60 days of any argument heard

20 on an evidentiary hearing, or where no evidentiary hearing

21 is held, within 60 days of any final argument heard in

22 the case.

23 ‘‘(2)(A) The court of appeals shall hear and deter24 mine any appeal relating to such a petition or motion with25 in 90 days after the filing of any reply brief or within
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1 90 days after such reply brief would be due. For purposes

2 of this provision, any reply brief shall be due within 14

3 days of the opposition brief.

4 ‘‘(B) The court of appeals shall decide any petition

5 for rehearing and or request by an appropriate judge for

6 rehearing en banc within 20 days of the filing of such a

7 petition or request unless a responsive pleading is required

8 in which case the court of appeals shall decide the applica9 tion within 20 days of the filing of the responsive pleading.

10 If en banc consideration is granted, the en banc court shall

11 determine the appeal within 90 days of the decision to

12 grant such consideration.

13 ‘‘(3) The time limitations contained in paragraphs

14 (1) and (2) may be extended only once for 20 days, upon

15 an express good cause finding by the court that the inter16 ests of justice warrant such a one-time extension. The spe17 cific grounds for the good cause finding shall be set forth

18 in writing in any extension order of the court.

19 ‘‘(4) Since the matters under paragraphs (1) and

20 (2)(A) are to be handled on a priority basis, the time from

21 filing of the petition or motion to final argument (under

22 paragraph (1)) or of the notice of appeal to the hearing

23 of the appeal (under paragraph (2)(A)) shall not exceed

24 4 months, unless exceptional circumstances require a

25 longer period. Where such time period exceeds 4 months
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1 in any petition or motion (under paragraph (2)(A)), the

2 court shall set forth in writing the exceptional cir3 cumstances causing the delay.

4 ‘‘(b) the time limitations under section (a) shall apply

5 to an initial petition or motion, and to any second or suc6 cessive petition or motion. The same limitations shall also

7 apply to the re-determination of a petition or motion or

8 related appeal following a remand by the court of appeals

9 or the Supreme Court for further proceedings, and in such

10 case the limitation period shall run from the date of the

11 remand.

12 ‘‘(c) The time limitations under this section shall not

13 be construed to entitle a petitioner or movant to a stay

14 of execution, to which the petitioner or movant would oth15 erwise not be entitled, for the purpose of litigating any

16 petition, motion, or appeal.

17 ‘‘(d) The failure of a court to meet or comply with

18 the time limitations under this section shall not be a

19 ground for granting relief from a judgment of conviction

20 or sentence. The State or Government may enforce the

21 time limitations under this section by applying to the court

22 of appeals or the Supreme Court for a writ of mandamus.

23 ‘‘(e) the Administrative Office of United States

24 Courts shall report annually to Congress on the compli-
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1 ance by the courts with the time limits established in this

2 section.

3 ‘‘§ 2263. Rule of construction

4 ‘‘This chapter shall be construed to promote the expe5 ditious conduct and conclusion of State and Federal court

6 review in capital cases.’’.

7 (b) CLERICAL AMENDMENT.—The table of chapters

8 at the beginning of part VI of title 28, United States Code,

9 is amended by inserting after the item relating to chapter

10 153 the following new item:

‘‘154. Special habeas corpus procedures in capital cases 2256.’’.

11 TITLE V—REFORM OF EXCLUSIONARY

12 RULE

13 SEC. 501. REFORM OF EXCLUSIONARY RULE.

14 (a) IN GENERAL.—Chapter 223 of title 18, United

15 States Code, is amended by adding at the end the follow16 ing:

17 ‘‘§ 3510. Admissibility of evidence obtained by search

18 or seizure assured

19 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA20 SONABLE SEARCH OR SEIZURE.—Evidence which is ob21 tained as a result of a search or seizure shall not be ex22 cluded in a proceeding in a court of the United States

23 on the grounds that the search or seizure was in violation

24 of the fourth amendment to the Constitution of the United

25 States, if the search or seizure was carried out in cir-
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1 cumstances justifying an objectively reasonable belief that

2 it was in conformity with the fourth amendment. The fact

3 that evidence was obtained pursuant to and within the

4 scope of a warrant constitutes prima facie evidence of the

5 existence of such circumstances.

6 ‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR

7 RULE.—Evidence shall not be excluded in a proceeding

8 in a court of the United States on the ground that it was

9 obtained in violation of a statute, an administrative rule

10 or regulation, or a rule of procedure unless exclusion is

11 expressly authorized by statute or by a rule prescribed by

12 the Supreme Court pursuant to statutory authority.

13 ‘‘(c) RULE OF CONSTRUCTION.—This section shall

14 not be construed to require or authorize the exclusion of

15 evidence in any proceeding.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections

17 at the beginning of chapter 223 of title 18, United States

18 Code, is amended by adding at the end the following:

‘‘3510. Admissibility of evidence obtained by search or seizure.’’.

19 TITLE VI—TRUTH IN SENTENCING

20 SEC. 601. RELEASE OF PRISONER.

21 (a) Section 3624(a) of title 18, United States Code,

22 is amended—

23 (1) by deleting, ‘‘less any time credited forward

24 the service of his sentence as provided in subsection

25 (b).’’; and
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1 (2) substituting ‘‘plus any discretionary addi2 tional time up to 15 percent of that term that may

3 have been imposed for unsatisfactory behavior.’’.

4 (b) Section 3624(b) of title 18, United States Code,

5 is amended by—

6 (1) deleting the caption ‘‘Credit toward service

7 of sentence for satisfactory behavior’’ and substitut8 ing therefor ‘‘Additional term of imprisonment for

9 unsatisfactory behavior.’’; and

10 (2) deleting the entire section and substituting

11 the following: ‘‘No person may be kept in prison by

12 reason of this section for a term longer than the

13 maximum term set by Act of Congress for the of14 fense. Notwithstanding any other provision of law,

15 such maximum term shall be deemed to be increased

16 by 15 percent in order to facilitate the implementa17 tion of this section. A prisoner who is serving a term

18 of imprisonment of more than one year, other than

19 a term of imprisonment for the duration of his life,

20 shall have additional time added to his sentence, be21 yond the time served, of up to fifty-four days at the

22 end of each year of this term of imprisonment, be23 ginning after the first year of the term if the Bureau

24 of Prisons determines that during that year, he has

25 not satisfactorily complied with such institutional
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1 disciplinary regulations as have been approved by

2 the Attorney General and issued to the prisoner.

3 The Bureau’s determination shall be made within

4 fifteen days after the end of each year of the sen5 tence. Such additional time of sentence vests at the

6 time that is received. Additional time that has vested

7 may not later be withdrawn. The last year or portion

8 of a year of the term of imprisonment shall be pro9 rated within the last six weeks of the sentence. Any

10 additional time that, by reason of this section, is

11 spent in prison beyond the term otherwise nominally

12 imposed for the offense shall be deemed a part of

13 that term for purposes of subsection (c) of this sec14 tion. Under no circumstances, notwithstanding any

15 other provision of law, shall a sentence be reduced

16 for satisfactory behavior to a term less than the

17 original sentence nominally imposed.’’.

18 SEC. 602. COMPUTATION GENERALLY.

19 (a) Section 4161 of title 18 is amended by deleting

20 ‘‘has faithfully observed all the rules and has not been sub21 jected to punishment, shall be entitled to a deduction’’ and

22 substituting ‘‘who has displayed poor conduct, may be sub23 jected to an increase in the term of his sentence up to

24 the 15 percent additional discretionary term imposed by

25 this title.’’
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1 (b) Section 4162 of title 18 is amended by deleting

2 ‘‘be allowed deduction from his sentence’’ and substituting

3 ‘‘be confined for additional time up to the 15 percent addi4 tional discretionary term of his sentence imposed by this

5 Title,’’ and by deleting ‘‘allowance may be made to’’ and

6 substituting ‘‘additional term may also be imposed on’’;

7 and by deleting ‘‘meritorious service or performing duties

8 of outstanding importance’’ and substituting ‘‘poorly’’.

9 (c) Section 4163 of title 18 is amended by deleting

10 ‘‘less the time deducted for good conduct’’ and substitut11 ing ‘‘plus the time, if any, added toward the 15 percent

12 discretionary term imposed by this title.’’.

13 TITLE VII—PRISON WORK REQUIRED;

14 LUXURIES ABOLISHED.

15 SEC. 701. LUXURIES ABOLISHED.

16 Section 4001(b)(2) of title 18 is amended by adding

17 at the end: ‘‘The Attorney General shall, not later than

18 120 days from the enactment of this section, implement

19 and enforce regulations mandating prison work for all

20 able-bodied inmates in Federal penal and correctional in21 stitutions. Such regulations shall also prohibit the govern22 ment provision in inmates’ cells of television, radio, tele23 phone stereo or other similar amenities.’’.
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1 SEC. 702. AWARDS OF PELL GRANTS TO PRISONERS PRO2 HIBITED.

3 (a) IN GENERAL.—Section 401(b)(8) of the Higher

4 Education Act of 1965 (20 U.S.C. 1070a(b)(8)) is amend5 ed to read as follows:

6 ‘‘(8) No basic grant shall be awarded under this

7 subpart to any individual who is incarcerated in any

8 Federal or State penal institution.’’.

9 (b) APPLICATION OF AMENDMENT.—The amendment

10 made by this section shall apply with respect to periods

11 of enrollment beginning on or after the date of enactment

12 of this Act.

13 TITLE VIII—IMPROVING BORDER

14 CONTROLS

15 SEC. 801. GRANTS FOR BORDER CONTROL.

16 The Attorney General is authorized and directed to

17 use the funds authorized in this section to permit the com18 mander of the Border Patrol to increase by at least 6,000

19 the number of border patrol agent positions in the Border

20 Patrol above the number of such positions as of July 1,

21 1994.

22 There are authorized to be appropriated to carry out

23 this section $250,000,000 in each of fiscal years 1995,

24 1996, 1997, and 1998.
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1 SEC. 802. EXPEDITING CRIMINAL ALIEN DEPORTATION AND

2 EXCLUSION.

3 (a) CONVICTED DEFINED.—Section 241(a)(2) of the

4 Immigration and Nationality Act (8 U.S.C. 1251(a)(2))

5 is amended by adding at the end the following new sub6 paragraph:

7 ‘‘(E) CONVICTED DEFINED.—In this para8 graph, the term ‘convicted’ means a judge or

9 jury has found the alien guilty or the alien has

10 entered a plea of guilty or nolo contendere,

11 whether or not the alien appeals therefrom.’’.

12 (b) DEPORTATION OF CONVICTED ALIENS.—

13 (1) IMMEDIATE DEPORTATION.—Section 242(h)

14 of such Act (8 U.S.C. 1252(h)) is amended—

15 (A) by striking ‘‘(h) An alien’’ and insert16 ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;

17 and

18 (B) by adding at the end the following new

19 paragraph:

20 ‘‘(2) An alien sentenced to imprisonment may be de21 ported prior to the termination of such imprisonment by

22 the release of the alien from confinement, if the Service

23 petitions the appropriate court or other entity with author24 ity concerning the alien to release the alien into the cus25 tody of the Service for execution of an order of deporta26 tion.’’.
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1 (2) PROHIBITION OF REENTRY INTO THE

2 UNITED STATES.—Section 212(a)(2) of such Act (8

3 U.S.C. 1182(a)(2)) is amended—

4 (A) by redesignating subparagraph (F) as

5 subparagraph (G); and

6 (B) by inserting after subparagraph (E)

7 the following new subparagraph:

8 ‘‘(F) ALIENS DEPORTED BEFORE SERVING

9 MINIMUM PERIOD OF CONFINEMENT.—In addi10 tion to any other period of exclusion which may

11 apply an alien deported pursuant to section

12 242(h)(2) is excludable during the minimum pe13 riod of confinement to which the alien was sen14 tenced.’’.

15 (c) EXECUTION OF DEPORTATION ORDERS.—Section

16 242(i) of such Act (8 U.S.C. 1252(i)) is amended by add17 ing at the end the following: ‘‘An order of deportation may

18 not be executed until all direct appeals relating to the con19 viction which is the basis of the deportation order have

20 been exhausted.’’.

21 SEC. 803. AUTHORIZING REGISTRATION OF ALIENS ON

22 CRIMINAL PROBATION OR CRIMINAL PA23 ROLE.

24 Section 263(a) of the Immigration and Nationality

25 Act (8 U.S.C. 1303(a)) is amended by striking ‘‘and (5)’’
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1 and inserting ‘‘(5) aliens who are or have been on criminal

2 probation or criminal parole within the United States, and

3 (6)’’.

4 SEC. 804. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED

5 FELONY’’.

6 (a) EXPANSION IN DEFINITION.—Section 101(a)(43)

7 of the Immigration and Nationality Act (8 U.S.C.

8 1101(a)(43)) is amended to read as follows:

9 ‘‘(43) The term ‘aggravated felony’ means—

10 ‘‘(A) murder;

11 ‘‘(B) any illicit trafficking in any con12 trolled substance (as defined in section 102 of

13 the Controlled Substances Act), including any

14 drug trafficking crime as defined in section

15 924(c)(2) of title 18, United States Code;

16 ‘‘(C) any illicit trafficking in any firearms

17 or destructive devices as defined in section 921

18 of title 18, United States Code, or in explosive

19 materials as defined in section 841(c) of title

20 18, United States Code;

21 ‘‘(D) any offense described in sections

22 1951 through 1963 of title 18, United States

23 Code;

24 ‘‘(E) any offense described in—
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1 ‘‘(i) subsection (h) or (i) of section

2 842, title 18, United States Code or sub3 section (d), (e), (f), (g), (h), or (i) of sec4 tion 844 of title 18, United States Code

5 (relating to explosive materials offenses);

6 ‘‘(ii) paragraph (1), (2), (3), (4), or

7 (5) of section 922(g), subsection (j), (n),

8 (o), (p), or (r) of section 922, section

9 924(b), or section 924(h) of title 18,

10 United States Code (relating to firearms

11 offenses); or

12 ‘‘(iii) section 5861 of the Internal

13 Revenue Code of 1986 (relating to fire14 arms offenses);

15 ‘‘(F) any crime of violence (as defined in

16 section 16 of title 18, United States Code, not

17 including a purely political offense) for which

18 the term of imprisonment imposed (regardless

19 of any suspension of such imprisonment) is at

20 least 5 years;

21 ‘‘(G) any theft offense (including receipt of

22 stolen property) or any burglary offense, where

23 a sentence of 5 years’ imprisonment or more

24 may be imposed;
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1 ‘‘(H) any offense described in section 875,

2 section 876, section 877, or section 1202 of

3 title 18, United States Code (relating to the de4 mand for or receipt of ransom);

5 ‘‘(I) any offense described in section 2251,

6 section 2251A or section 2252 of title 18,

7 United States Code (relating to child pornog8 raphy);

9 ‘‘(J) any offense described in section 1084

10 of title 18, United States Code, where a sen11 tence of 5 years’ imprisonment or more may be

12 imposed;

13 ‘‘(K) any offense relating to commercial

14 bribery, counterfeiting, forgery or trafficking in

15 vehicles whose identification numbers have been

16 altered, where a sentence of 5 years imprison17 ment or more may be imposed;

18 ‘‘(L) any offense—

19 ‘‘(i) relating to the owning, control20 ling, managing or supervising of a pros21 titution business;

22 ‘‘(ii) described in section 2421

23 through 2424 of title 18, United States

24 Code, for commercial advantage; or
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1 ‘‘(iii) described in sections 1581

2 through 1585, or section 1588, of title 18,

3 United States Code (relating to peonage,

4 slavery, and involuntary servitude);

5 ‘‘(M) any offense relating to perjury or

6 subornation of perjury where a sentence of 5

7 years’ imprisonment or more may be imposed;

8 ‘‘(N) any offense described in—

9 ‘‘(i) section 793 (relating to gathering

10 or transmitting national defense informa11 tion), section 798 (relating to disclosure of

12 classified information), section 2153 (relat13 ing to sabotage) or section 2381 or section

14 2382 (relating to treason) of title 18,

15 United States Code; or

16 ‘‘(ii) section 421 of title 50, United

17 States Code (relating to protecting the

18 identity of undercover intelligence agents);

19 ‘‘(O) any offense—

20 ‘‘(i) involving fraud or deceit where

21 the loss to the victim or victims exceeded

22 $200,000; or

23 ‘‘(ii) described in section 7201 of title

24 26, United States Code (relating to tax
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1 evasion), where the tax loss to the Govern2 ment exceeds $200,000;

3 ‘‘(P) any offense described in section

4 274(a)(1) of the Immigration and Nationality

5 Act (relating to alien smuggling) for the pur6 pose of commercial advantage;

7 ‘‘(Q) any violation of section 1546(a) of

8 title 18, United States Code (relating to docu9 ment fraud), for the purpose of commercial ad10 vantage; or

11 ‘‘(R) any offense relating to failing to ap12 pear before a court pursuant to a court order

13 to answer to or dispose of a charge of a felony,

14 where a sentence of 2 years or more may be im15 posed;

16 or any attempt or conspiracy to commit any such

17 act. Such term applies to offenses described in this

18 paragraph whether in violation of Federal or State

19 law and applies to such offenses in violation of the

20 laws of a foreign country for which the term of im21 prisonment was completed within the previous 15

22 years.’’.

23 (b) EFFECTIVE DATE.—The amendments made by

24 this section shall apply to all convictions entered before,

25 on, or after the date of enactment of this Act.
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1 SEC. 805. DEPORTATION PROCEDURES FOR CERTAIN

2 CRIMINAL ALIENS WHO ARE NOT PERMA3 NENT RESIDENTS.

4 (a) ELIMINATION OF ADMINISTRATIVE HEARING FOR

5 CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi6 gration and Nationality Act (8 U.S.C. 1252a) is amended

7 by adding at the end the following:

8 ‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER9 MANENT RESIDENTS.—(1) Notwithstanding section 242,

10 and subject to paragraph (5), the Attorney General may

11 issue a final order of deportation against any alien de12 scribed in paragraph (2) whom the Attorney General de13 termines to be deportable under section 241(a)(2)(A)(iii)

14 (relating to conviction of an aggravated felony).

15 ‘‘(2) An alien is described in this paragraph if the

16 alien—

17 ‘‘(A) was not lawfully admitted for permanent

18 residence at the time that proceedings under this

19 section commenced, or

20 ‘‘(B) had permanent resident status on a condi21 tional basis (as described in section 216) at the time

22 that proceedings under this section commenced.

23 ‘‘(3) The Attorney General may delegate the author24 ity in this section to the Commissioner or to any District

25 Director of the Service.
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1 ‘‘(4) No alien described in this section shall be eligible

2 for—

3 ‘‘(A) any relief from deportation that the Attor4 ney General may grant in his discretion; or

5 ‘‘(B) relief under section 243(h).

6 ‘‘(5) The Attorney General may not execute any order

7 described in paragraph (1) until 14 calendar days have

8 passed from the date that such order was issued, in order

9 that the alien has an opportunity to apply for judicial re10 view under section 106.’’.

11 (b) LIMITED JUDICIAL REVIEW.—Section 106 of the

12 Immigration and Nationality Act (8 U.S.C. 1105a) is

13 amended—

14 (1) in the first sentence of subsection (a), by in15 serting ‘‘or pursuant to section 242A’’ after ‘‘under

16 section 242(b)’’;

17 (2) in subsection (a)(1) and subsection (a)(3),

18 by inserting ‘‘(including an alien described in section

19 242A)’’ after ‘‘aggravated felony’’; and

20 (3) by adding at the end the following new sub21 section:

22 ‘‘(d) Notwithstanding subsection (c), a petition for

23 review or for habeas corpus on behalf of an alien described

24 in section 242A(c) may only challenge whether the alien
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1 is in fact an alien described in such section, and no court

2 shall have jurisdiction to review any other issue.’’.

3 (c) TECHNICAL AND CONFORMING CHANGES.—Sec4 tion 242A of the Immigration and Nationality Act (8

5 U.S.C. 1252a) is amended as follows:

6 (1) In subsection (a)—

7 (A) by striking ‘‘(a) IN GENERAL.—’’ and

8 inserting ‘‘(b) DEPORTATION OF PERMANENT

9 RESIDENT ALIENS.—(1) IN GENERAL.’’; and

10 (B) by inserting in the first sentence ‘‘per11 manent resident’’ after ‘‘correctional facilities

12 for’’.

13 (2) In subsection (b)—

14 (A) by striking ‘‘(b) IMPLEMENTATION—’’

15 and inserting ‘‘(2) IMPLEMENTATION.—’’; and

16 (B) by striking ‘‘respect to an’’ and insert17 ing ‘‘respect to a permanent resident’’.

18 (3) By striking out subsection (c).

19 (4) In subsection (d)—

20 (A) by striking ‘‘(d) EXPEDITED PRO21 CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE22 DITED PROCEEDINGS.—(A)’’;

23 (B) by inserting ‘‘permanent resident’’

24 after ‘‘in the case of any’’; and

25 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’.
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1 (5) In subsection (e)—

2 (A) by striking ‘‘(e) REVIEW .—(1)’’ and

3 inserting ‘‘(4) REVIEW.—(A)’’;

4 (B) by striking the second sentence; and

5 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’.

6 (6) By inserting after the section heading the

7 following new subsection:

8 ‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien

9 convicted of an aggravated felony shall be conclusively pre10 sumed to be deportable from the United States.’’.

11 (7) The heading of such section is amended to

12 read as follows:

13 ‘‘EXPEDITED DEPORTATION OF ALIENS CON14 VICTED OF COMMITTING AGGRAVATED

15 FELONIES’’.

16 (d) EFFECTIVE DATE.—The amendments made by

17 this section shall apply to all aliens against whom deporta18 tion proceedings are initiated after the date of enactment

19 of this Act.

20 SEC. 806. JUDICIAL DEPORTATION.

21 (a) JUDICIAL DEPORTATION.—Section 242A of the

22 Immigration and Nationality Act (8 U.S.C. 1252a) is

23 amended by inserting at the end the following new sub24 section:

25 ‘‘(d) JUDICIAL DEPORTATION.—
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1 ‘‘(1) AUTHORITY.—Notwithstanding any other

2 provision of this Act, a United States district court

3 shall have jurisdiction to enter a judicial order of de4 portation at the time of sentencing against an alien

5 whose criminal conviction causes such alien to be de6 portable under section 241(a)(2)(A)(iii) (relating to

7 conviction of an aggravated felony), if such an order

8 has been requested prior to sentencing by the United

9 States Attorney with the concurrence of the Com10 missioner.

11 ‘‘(2) PROCEDURE.—

12 ‘‘(A) The United States Attorney shall pro13 vide notice of intent to request judicial deporta14 tion promptly after the entry in the record of

15 an adjudication of guilt or guilty plea. Such no16 tice shall be provided to the court, to the alien,

17 and to the alien’s counsel of record.

18 ‘‘(B) Notwithstanding section 242B, the

19 United States Attorney, with the concurrence of

20 the Commissioner, shall file at least 20 days

21 prior to the date set for sentencing a charge

22 containing factual allegations regarding the

23 alienage of the defendant and satisfaction by

24 the defendant of the definition of aggravated

25 felony.
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1 ‘‘(C) If the court determines that the de2 fendant has presented substantial evidence to

3 establish prima facie eligibility for relief from

4 deportation under section 212(c), the Commis5 sioner shall provide the court with a rec6 ommendation and report regarding the alien’s

7 eligibility for relief under such section. The

8 court shall either grant or deny the relief

9 sought.

10 ‘‘(D)(i) The alien shall have a reasonable

11 opportunity to examine the evidence against

12 him or her, to present evidence on his or her

13 own behalf, and to cross-examine witnesses pre14 sented by the Government.

15 ‘‘(ii) The court, for the purposes of deter16 mining whether to enter an order described in

17 paragraph (1), shall only consider evidence that

18 would be admissible in proceedings conducted

19 pursuant to section 242(b).

20 ‘‘(iii) Nothing in this subsection shall limit

21 the information a court of the United States

22 may receive or consider for the purposes of im23 posing an appropriate sentence.

24 ‘‘(iv) The court may order the alien de25 ported if the Attorney General demonstrates by
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1 clear and convincing evidence that the alien is

2 deportable under this Act.

3 ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU4 DICIAL ORDER OF DEPORTATION.—

5 ‘‘(A)(i) A judicial order of deportation or

6 denial of such order may be appealed by either

7 party to the court of appeals for the circuit in

8 which the district court is located.

9 ‘‘(ii) Except as provided in clause (iii),

10 such appeal shall be considered consistent with

11 the requirements described in section 106.

12 ‘‘(iii) Upon execution by the defendant of

13 a valid waiver of the right to appeal the convic14 tion on which the order of deportation is based,

15 the expiration of the period described in section

16 106(a)(1), or the final dismissal of an appeal

17 from such conviction, the order of deportation

18 shall become final and shall be executed at the

19 end of the prison term in accordance with the

20 terms of the order.

21 ‘‘(B) As soon as is practicable after entry

22 of a judicial order of deportation, the Commis23 sioner shall provide the defendant with written

24 notice of the order of deportation, which shall

25 designate the defendant’s country of choice for
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1 deportation and any alternate country pursuant

2 to section 243(a).

3 ‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a

4 request for a judicial order of deportation shall not

5 preclude the Attorney General from initiating depor6 tation proceedings pursuant to section 242 upon the

7 same ground of deportability or upon any other

8 ground of deportability provided under section

9 241(a).’’.

10 (b) TECHNICAL AND CONFORMING CHANGES.—The

11 ninth sentence of section 242(b) of the Immigration and

12 Nationality Act (8 U.S.C. 1252(b)) is amended by striking

13 out ‘‘The’’ and inserting in lieu thereof ‘‘Except as pro14 vided in section 242A(d), the’’.

15 (c) EFFECTIVE DATE.—The amendments made by

16 this section shall apply to all aliens whose adjudication of

17 guilt or guilty plea is entered in the record after the date

18 of enactment of this Act.

19 SEC. 807. RESTRICTING DEFENSES TO DEPORTATION FOR

20 CERTAIN CRIMINAL ALIENS.

21 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA22 NENT RESIDENCE.—The last sentence of section 212(c)

23 of the Immigration and Nationality Act (8 U.S.C.

24 1182(c)) is amended by striking out ‘‘has served for such

25 felony or felonies’’ and all that follows through the period
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1 and inserting in lieu thereof ‘‘has been sentenced for such

2 felony or felonies to a term of imprisonment of at least

3 5 years: Provided, That the time for appealing such con4 viction or sentence has expired and the sentence has be5 come final.’’.

6 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR7 TATION.—Section 243(h)(2) of the Immigration and Na8 tionality Act (8 U.S.C. 1253(h)(2)) is amended by—

9 (1) striking out the final sentence and inserting

10 in lieu thereof the following new subparagraph:

11 ‘‘(E) the alien has been convicted of an ag12 gravated felony.’’; and

13 (2) striking out the ‘‘or’’ at the end of subpara14 graph (C) and inserting ‘‘or’’ at the end of subpara15 graph (D).

16 SEC. 808. ENHANCING PENALTIES FOR FAILING TO DE17 PART, OR REENTERING, AFTER FINAL ORDER

18 OF DEPORTATION.

19 (a) FAILURE TO DEPART.—Section 242(e) of the Im20 migration and Nationality Act (8 U.S.C. 1252(e)) is

21 amended—

22 (1) by striking out ‘‘paragraph (2), (3), or (4)

23 of’’ the first time it appears, and

24 (2) by striking out ‘‘shall be imprisoned not

25 more than ten years’’ and inserting in lieu thereof,
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1 ‘‘shall be imprisoned not more than two years, or

2 shall be imprisoned not more than ten years if the

3 alien is a member of any of the classes described in

4 paragraph (2), (3), or (4) of section 241(a).’’.

5 (b) REENTRY.—Section 276(b) of the Immigration

6 and Nationality Act (8 U.S.C. 1326(b)) is amended—

7 (1) in paragraph (1), by (A) inserting after

8 ‘‘commission of’’ the following: ‘‘three or more mis9 demeanors or’’, and (B) striking out ‘‘5’’ and insert10 ing in lieu thereof ‘‘10’’,

11 (2) in paragraph (2), by striking out ‘‘15’’ and

12 inserting in lieu thereof ‘‘20’’, and

13 (3) by adding at the end the following sentence:

14 ‘‘For the purposes of this subsection, the term ‘‘de15 portation’’ shall include any agreement where an

16 alien stipulates to deportation during a criminal trial

17 under either Federal or State law.’’.

18 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR19 TATION ORDER.—Section 276 of the Immigration and Na20 tionality Act (8 U.S.C. 1326) is amended by inserting

21 after subsection (b) the following new subsection:

22 ‘‘(c) In any criminal proceeding under this section,

23 no alien may challenge the validity of the deportation

24 order described in subsection (a)(1) of subsection (b) un25 less the alien demonstrates—
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1 ‘‘(1) that the alien exhausted the administrative

2 remedies (if any) that may have been available to

3 seek relief against such order,

4 ‘‘(2) that the deportation proceedings at which

5 such order was issued improperly deprived the alien

6 of the opportunity for judicial review, and

7 ‘‘(3) that the entry of such order was fun8 damentally unfair.’’.

9 SEC. 809. MISCELLANEOUS AND TECHNICAL CHANGES.

10 (a) FORM OF DEPORTATION HEARINGS.—The sec11 ond sentence of section 242(b) of the Immigration and

12 Nationality Act (8 U.S.C. 1252(b)) is amended by insert13 ing before the period the following: ‘‘, except that nothing

14 in this subsection shall preclude the Attorney General

15 from authorizing proceedings by electronic or telephonic

16 media (with or without the consent of the alien) or, where

17 waived or agreed to by the parties, in the absence of the

18 alien.’’.

19 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

20 REQUIREMENTS.—No amendment made by this Act and

21 nothing in section 242(i) of the Immigration and Nation22 ality Act (8 U.S.C. 1252(ii)), shall be construed to create

23 any right or benefit, substantive or procedural, which is

24 legally enforceable by any party against the United States,

25 its agencies, its officers or any other person.
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1 SEC. 810. AUTHORIZATION OF APPROPRIATIONS FOR

2 CRIMINAL ALIEN INFORMATION SYSTEM.

3 There is authorized to be appropriated to carry out

4 section 242(a)(3)(A) of the Immigration and Nationality

5 Act, $5,000,000 for fiscal year 1994 and $2,000,000 for

6 each of the fiscal years 1995, 1996, 1997, and 1998.

7 TITLE IX—ENHANCED GUN PENALTIES

8 SEC. 901. ENHANCED PENALTIES FOR PERSONS CON9 VICTED OF USING OR CARRYING A FIREARM

10 DURING AND IN RELATION TO A FELONY.

11 (a) IN GENERAL.—Section 924(c) of title 18, United

12 States Code, is amended to read as follows:

13 ‘‘(c) Whoever, during and in relation to a crime that

14 is a felony (including a felony which provides for an en15 hanced punishment if committed by the use of a deadly

16 or dangerous weapon or device) for which he may be pros17 ecuted in a court of the United States, uses or carries a

18 firearm, shall, in addition to the punishment provided for

19 such crime, be sentenced to imprisonment for 5 years, and

20 if the firearm is a short-barreled rifle or short-barreled

21 shotgun, to imprisonment for 10 years, and if the firearm

22 is a machinegun or destructive device, or is equipped with

23 a firearm silencer or firearm muffler, to imprisonment for

24 30 years. In the case of the 2nd or subsequent conviction

25 of the person under this subsection, the person shall be

26 sentenced to life imprisonment without release. Notwith-
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1 standing any other provision of law, a term of imprison2 ment imposed under this subsection shall not run concur3 rently with any other term of imprisonment including that

4 imposed for the crime in which the firearm was used or

5 carried.’’.

6 (b) CONFORMING AMENDMENT.—Section 101(a)(43)

7 of the Immigration and Nationality Act (8 U.S.C.

8 1101(a)(43)) is amended by inserting ‘‘(as in effect imme9 diately before the enactment of the Gun Crime Control

10 Act)’’ after ‘‘18’’ the 1st place such term appears.

11 SEC. 902. MANDATORY MINIMUM SERVICE FOR UNLAWFUL

12 POSSESSION OF A FIREARM BY CONVICTED

13 FELON, FUGITIVE FROM JUSTICE, ADDICT OR

14 UNLAWFUL USER OF CONTROLLED SUB15 STANCE, OR TRANSFEROR OR RECEIVER OF

16 STOLEN FIREARM.

17 Section 924(a) of title 18, United States code, is

18 amended by adding at the end the following:

19 ‘‘(6) Whoever knowingly possesses a firearm in viola20 tion of paragraph (1), (2), or (3) of section 922(g), or

21 in violation of subsection (i) of (j), shall be imprisoned

22 not less than 5 years. Notwithstanding any other provision

23 of law, the court shall not place on probation or suspend

24 the sentence of any person convicted under this para25 graph, nor shall the term of imprisonment imposed under
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1 this paragraph run concurrently with any other term of

2 imprisonment imposed under any other provision of law.’’.

3 SEC. 903. INCREASE IN GENERAL PENALTY FOR VIOLATION

4 OF FEDERAL FIREARMS LAWS.

5 Section 924(a)(1) of title 18 United States Code, is

6 amended—

7 (1) by striking ‘‘not more than $5,000’’ and in8 serting ‘‘under this title’’; and

9 (2) by striking ‘‘five’’ and inserting ‘‘10’’.

10 TITLE X—VIOLENT CRIME REDUCTION

11 TRUST FUND

12 SEC. 1001. CREATION OF VIOLENT CRIME REDUCTION

13 TRUST FUND.

14 (a) VIOLENT CRIME REDUCTION TRUST FUND.—

15 There is established a separate account in the Treasury,

16 known as the ‘‘Violent Crime Reduction Trust Fund’’ (re17 ferred to in this section as the ‘‘Fund’’) into which shall

18 be transferred, in accordance with subsection (b), savings

19 realized from implementation of section 5 of the Federal

20 Workforce Restructuring Act of 1994 (5 U.S.C. 3101

21 note; Public Law 103–226).

22 (b) TRANSFERS INTO THE FUND.—On the first day

23 of the following fiscal years (or as soon thereafter as pos24 sible for fiscal year 1995), such sums as may be necessary
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1 shall be transferred from the general fund to the Fund

2 for fiscal year 1995, 1996, 1997, 1998.

3 (c) APPROPRIATIONS FROM THE FUND.—(1)

4 Amounts in the Fund may be appropriated exclusively for

5 the purposes authorized in this Act and for those expenses

6 authorized by any Act enacted before this Act that are

7 expressly qualified for expenditure from the Fund.

8 (2) Amounts appropriated under paragraph (1) and

9 outlays flowing from such appropriations shall not be

10 taken into account for purposes of any budget enforce11 ment procedures under the Balanced Budget and Emer12 gency Deficit Control Act of 1985 except section 251A of

13 that Act as added by subsection (g), or for purposes of

14 section 605(b) of the Congressional Budget Act of 1974.

15 Amounts of new budget authority and outlays under para16 graph (1) that are included in concurrent resolutions on

17 the budget shall not be taken into account for purposes

18 of sections 601(b), 606(b), and 606(c) of the Congres19 sional Budget Act of 1974, or for purposes of section 24

20 of House Concurrent Resolution 218 (One Hundred Third

21 Congress).

22 (d) LISTING OF THE FUND AMONG GOVERNMENT

23 TRUST FUNDS.—Section 1321(a) of title 31, United

24 States Code, is amended by inserting at the end the follow25 ing new paragraph:
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1 ‘‘(91) VIOLENT CRIME REDUCTION TRUST

2 FUND.’’.

3 (e) REQUIREMENT FOR THE PRESIDENT TO REPORT

4 ANNUALLY ON THE STATUS OF THE TRUST FUND.—Sec5 tion 1105(a) of title 31, United States Code, is amended

6 by adding at the end the following new paragraphs:

7 ‘‘(30) information about the Violent Crime Re8 duction Trust Fund, including a separate statement

9 of amounts in that Trust Fund.

10 ‘‘(31) an analysis displaying, by agency, pro11 posed reductions in full-time equivalent positions

12 compared to the current year’s level in order to com13 ply with section 5 of the Federal Workforce Restruc14 turing Act of 1994.’’.

15 (f) ALLOCATION AND SUBALLOCATION OF AMOUNTS

16 IN THE FUNDS.—

17 (1) IN GENERAL.—Section 602(a) of the Con18 gressional Budget Act of 1974 is amended—

19 (A) in paragraph (1)(A) by striking ‘and’

20 at the end of clause (ii), by striking the semi21 colon and inserting a comma at the end of

22 clause (iii), and by adding after the clause (iii)

23 the following:

24 ‘‘(iv) new budget authority from the

25 Violent Crime Reduction Trust Fund, and
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1 ‘‘(v) outlays from the Violent Crime

2 Reduction Trust Fund;’;

3 (B) in paragraph (2) by striking ‘and’ at

4 the end of subparagraph (B) and by adding

5 after subparagraph (C) the following:

6 ‘‘(D) new budget authority from the Vio7 lent Crime Reduction Trust Fund; and

8 ‘‘(E) outlays from the Violent Crime Re9 duction Trust Fund;’’; and

10 (C) by adding at the end the following new

11 paragraph:

12 ‘‘(4) NO DOUBLE COUNTING.—Amounts allo13 cated among committees under clause (iv) or (v) of

14 paragraph (1)(A) or under subparagraph (D) or (E)

15 of paragraph (2) shall not be included within any

16 other allocation under that paragraph.’’.

17 (2) FISCAL YEAR 1995.—The chairman of the

18 Committee on the Budget shall submit to the House

19 of Representatives or the Senate, as the case may

20 be, appropriately revised allocations under clauses

21 (iv) and (v) of paragraph (1)(A) or subparagraphs

22 (D) and (E) of paragraph (2) of section 602(a) of

23 the Congressional Budget Act of 1974 for fiscal year

24 1995 to carry out subsection (b)(1).
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1 SEC. 1002. EXTENSION OF AUTHORIZATIONS OF APPRO2 PRIATIONS FOR FISCAL YEARS FOR WHICH

3 THE FULL AMOUNT AUTHORIZED IS NOT AP4 PROPRIATED.

5 If, in making an appropriation under any provision

6 of this Act or amendment made by this Act that author7 izes the making of an appropriation for a certain purpose

8 for a certain fiscal year in a certain amount, the Congress

9 makes an appropriation for that purpose for that fiscal

10 year in a lesser amount, that provision or amendment shall

11 be considered to authorize the making of appropriations

12 for that purpose for later fiscal years in an amount equal

13 to the difference between the amount authorized to be ap14 propriated and the amount that has been appropriated.

15 SEC. 1003. FLEXIBILITY IN MAKING OF APPROPRIATIONS.

16 (a) FEDERAL LAW ENFORCEMENT.—In the making

17 of appropriations under any provision of this Act or

18 amendment made by this Act that authorizes the making

19 of an appropriation for a Federal law enforcement pro20 gram for a certain fiscal year in a certain amount out of

21 the Violent Crime Reduction Trust Fund, not to exceed

22 10 percent of that amount is authorized to be appro23 priated for that fiscal year for any other Federal law en24 forcement program for which appropriations are author25 ized by any other Federal law enforcement provision of

26 this Act or amendment made by this Act. The aggregate
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1 reduction in the authorization for any particular Federal

2 law enforcement program may not exceed 10 percent of

3 the total amount authorized to be appropriated from the

4 Violent Crime Reduction Trust Fund for that program in

5 this Act or amendment made by this Act.

6 (b) STATE AND LOCAL LAW ENFORCEMENT.—In the

7 making of appropriations under any provision of this Act

8 or amendment made by this Act that authorizes the mak9 ing of an appropriation for a State and local law enforce10 ment program for a certain fiscal year in a certain amount

11 out of the Violent Crime Reduction Trust Fund, not to

12 exceed 10 percent of that amount is authorized to be ap13 propriated for that fiscal year for any other State and

14 local law enforcement program for which appropriations

15 are authorized by any other State and local law enforce16 ment provision of this Act or amendment made by this

17 Act. The aggregate reduction in the authorization for any

18 particular State and local law enforcement program may

19 not exceed 10 percent of the total amount authorized to

20 be appropriated from the Violent Crime Reduction Trust

21 Fund for that program in this Act or amendment made

22 by this Act.
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1 TITLE XI—MANDATORY LIFE IMPRISON2 MENT FOR PERSONS CONVICTED OF

3 CERTAIN FELONIES

4 SEC. 1101. MANDATORY LIFE IMPRISONMENT FOR PER5 SONS CONVICTED OF CERTAIN FELONIES.

6 Section 3559 of title 18, United States Code, is

7 amended—

8 (1) in subsection (b), by striking ‘‘An’’ and in9 serting ‘‘Except as provided in subsection (c), an’’ in

10 lieu thereof; and

11 (2) by adding the following new subsection at

12 the end:

13 ‘‘(c) IMPRISONMENT OF CERTAIN VIOLENT FEL14 ONS.—

15 ‘‘(1) MANDATORY LIFE IMPRISONMENT.—Not16 withstanding any other provision of law, a person

17 who is convicted in a court of the United States of

18 a serious violent felony shall be sentenced to life im19 prisonment if—

20 ‘‘(A) the person has been convicted (and

21 those convictions have become final) on sepa22 rate prior occasions in a court of the United

23 States or of a State of—

24 ‘‘(i) 2 or more serious violent felonies;

25 or
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1 ‘‘(ii) one or more serious violent felo2 nies and one or more serious drug offenses;

3 and

4 ‘‘(B) each serious violent felony or serious

5 drug offense used as a basis for sentencing

6 under this subsection, other than the first, was

7 committed after the defendant’s conviction of

8 the preceding serious violent felony or serious

9 drug offense.

10 ‘‘(2) DEFINITIONS.—For purposes of this sub11 section—

12 ‘‘(A) the term ‘assault with intent to com13 mit rape’ means an offense that has as its ele14 ments engaging in physical contact by which a

15 person intentionally places another person in

16 fear of aggravated sexual abuse or sexual abuse

17 (as described in sections 2241 and 2242);

18 ‘‘(B) the term ‘arson’ means an offense

19 that has as its elements maliciously damaging

20 or destroying any building, inhabited structure,

21 vehicle, vessel, or real property by means of fire

22 or an explosive;

23 ‘‘(C) the term ‘extortion’ means an offense

24 that has as its elements the extraction of any25 thing of value from another person by threaten-
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1 ing or placing that person in fear of injury to

2 any person or kidnapping of any person;

3 ‘‘(D) the term ‘firearms use’ means an of4 fense that has as its elements those described

5 in section 924(c) or 929(a), if the firearm was

6 brandished, discharged, or otherwise used as a

7 weapon and the crime of violence or drug traf8 ficking crime during and relation to which the

9 firearm was used was subject to prosecution in

10 a court of the United States or a court of a

11 State, or both;

12 ‘‘(E) the term ‘kidnapping’ means an of13 fense that has as its elements the abduction, re14 straining, confining, or carrying away of an15 other person by force or threat of force;

16 ‘‘(F) the term ‘serious violent felony’

17 means—

18 ‘‘(i) a Federal or State offense, by

19 whatever designation and wherever com20 mitted, consisting of murder (as described

21 in section 1111); manslaughter other than

22 involuntary manslaughter (as described in

23 section 1112); assault with intent to com24 mit murder (as described in section

25 113(a)); assault with intent to commit
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1 rape; aggravated sexual abuse and sexual

2 abuse (as described in sections 2241 and

3 2242); abusive sexual contact (as described

4 in sections 2244 (a)(1) and (a)(2)); kid5 napping; aircraft piracy (as described in

6 section 46502 of title 49); robbery (as de7 scribed in section 2111, 2113, or 2118);

8 carjacking (as described in section 2119);

9 extortion; arson; firearms use; or attempt,

10 conspiracy, or solicitation to commit any of

11 the above offenses; and

12 ‘‘(ii) any other offense punishable by

13 a maximum term of imprisonment of 10

14 years or more that has as an element the

15 use, attempted use, or threatened use of

16 physical force against the person of an17 other or that, by its nature, involves a sub18 stantial risk that physical force against the

19 person of another may be used in the

20 course of committing the offense;

21 ‘‘(G) the term ‘State’ means a State of the

22 United States, the District of Columbia, and a

23 commonwealth, territory, or possession of the

24 United States; and
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1 ‘‘(H) the term ‘serious drug offense’

2 means—

3 ‘‘(i) an offense that is punishable

4 under section 401(b)(1)(A) or 408 of the

5 Controlled Substances Act (21 U.S.C.

6 841(b)(1)(A), 848) or section

7 1010(b)(1)(A) of the Controlled Sub8 stances Import and Export Act (21 U.S.C.

9 960(b)(1)(A)); or

10 ‘‘(ii) an offense under State law that,

11 had the offense been prosecuted in a court

12 of the United States would have been pun13 ished under section 401(b)(1)(A) or 408 of

14 the Controlled Substances Act (21 U.S.C.

15 841(b)(1)(A), 848) or section

16 1010(b)(1)(A) of the Controlled Sub17 stances Import and Export Act (21 U.S.C.

18 960(b)(1)(A)).

19 ‘‘(3) NONQUALIFYING FELONIES.—

20 ‘‘(A) ROBBERY IN CERTAIN CASES.—Rob21 bery, an attempt, conspiracy, or solicitation to

22 commit robbery; or an offense described in

23 paragraph (2)(F)(ii) shall not serve as a basis

24 for sentencing under this subsection if the de-
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1 fendant establishes by clear and convincing evi2 dence that—

3 ‘‘(i) no firearm or other dangerous

4 weapon was used in the offense and no

5 threat of use of a firearm or other dan6 gerous weapon was involved in the offense;

7 and

8 ‘‘(ii) the offensive did not result in

9 death or serious bodily injury (as defined

10 in section 1365) to any person.

11 ‘‘(B) ARSON IN CERTAIN CASES.—Arson

12 shall not serve as a basis for sentencing under

13 this subsection if the defendant establishes by

14 clear and convincing evidence that—

15 ‘‘(i) the offense posed no threat to

16 human life; and

17 ‘‘(ii) the defendant reasonably believed

18 the offense posed no threat to human life.

19 ‘‘(4) INFORMATION FILED BY UNITED STATES

20 ATTORNEY.—The provisions of section 411(a) of the

21 Controlled Substances Act (21 U.S.C. 851(a)) shall

22 apply to the imposition of sentence under this sub23 section.
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1 ‘‘(5) RULE OF CONSTRUCTION.—This sub2 section shall not be construed to preclude imposition

3 of the death penalty.

4 ‘‘(6) SPECIAL PROVISION FOR INDIAN COUN5 TRY.—No person subject to criminal jurisdiction of

6 an Indian tribal government shall be subject to this

7 subsection for any offense for which Federal juris8 diction is solely predicated on Indian country (as de9 fined in section 1151) and which occurs within the

10 boundaries of such Indian country unless the gov11 erning body of the tribe has elected that this sub12 section have effect over land and persons subject to

13 the criminal jurisdiction of the tribe.

14 ‘‘(7) RESENTENCING UPON OVERTURNING OF

15 PRIOR CONVICTION.—If the conviction for a serious

16 violent felony or serious drug offense that was a

17 basis for sentencing under this subsection is found,

18 pursuant to any appropriate State or Federal proce19 dure, to be unconstitutional or is vitiated on the ex20 plicit basis of innocence, or if the convicted person

21 is pardoned on the explicit basis of innocence, the

22 person serving a sentence imposed under this sub23 section shall be resentenced to any sentence that was

24 available at the time of the original sentencing.’’.
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1 SEC. 1102. LIMITED GRANT OF AUTHORITY TO BUREAU OF

2 PRISONS.

3 Section 3582(c)(1)(A) of title 18, United States

4 Code, is amended—

5 (1) so that the margin of the matter starting

6 with ‘‘extraordinary’’ and ending with ‘‘reduction’’

7 the first place it appears is indented an additional

8 two ems;

9 (2) by inserting a one-em dash after ‘‘that’’ the

10 second place it appears;

11 (3) by inserting a semicolon after ‘‘reduction’’

12 the first place it appears;

13 (4) by indenting the first line of the matter re14 ferred to in paragraph (1) and designating that mat15 ter as clause (i); and

16 (5) by inserting after such matter the following:

17 ‘‘(ii) the defendant is at least 70 years

18 of age, has served at least 30 years in pris19 on, pursuant to a sentence imposed under

20 section 3559(c), for the offense or offenses

21 for which the defendant is currently im22 prisoned, and a determination has been

23 made by the Director of Prisons that the

24 defendant is not a danger to the safety of
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1 any other person or the community; as

2 provided under section 3142(g);’’.

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