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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2431 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2431

 To amend the Violent Crime Control and Law Enforcement Act of 1994 to 
     reduce the amount of social spending, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 13 (legislative day, September 12), 1994

   Mr. Dole (for himself, Mr. Hatch, Mr. Thurmond, Mr. Simpson, Mr. 
Grassley, Mrs. Hutchison, Mr. Gramm, Mr. Lott, Mr. Burns, Mr. D'Amato, 
 Mr. Nickles, Mr. Cochran, Mr. McConnell, and Mr. Pressler) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend the Violent Crime Control and Law Enforcement Act of 1994 to 
     reduce the amount of social spending, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crime Control Improvement Act of 
1994''.

SEC. 2. ELIMINATION OF MODEL INTENSIVE GRANT PROGRAM.

    Title III of the Violent Crime Control and Law Enforcement Act of 
1994 is amended by striking subtitle C.

SEC. 3. ELIMINATION OF LOCAL PARTNERSHIP GRANT PROGRAM.

    Title III of the Violent Crime Control and Law Enforcement Act of 
1994 is amended by striking subtitle J.

SEC. 4. ELIMINATION OF LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM, 
              FAMILY AND COMMUNITY ENDEAVOR SCHOOLS PROGRAM, COMMUNITY-
              BASED JUSTICE GRANT PROGRAM, URBAN RECREATION PROGRAM, 
              AT-RISK YOUTH PROGRAM, AND POLICE RECRUITMENT PROGRAM.

    Title III of the Violent Crime Control and Law Enforcement Act of 
1994 is amended by striking section 30402, section 30403(b)(2), and 
subtitles B, G, H, O, and Q.

SEC. 5. ELIMINATION OF NATIONAL COMMUNITY ECONOMIC PARTNERSHIP PROGRAM, 
              COMMUNITY SCHOOLS PROGRAM, OUNCE OF PREVENTION PROGRAM, 
              FAMILY UNITY DEMONSTRATION PROJECT, GANG RESISTANCE 
              EDUCATION AND TRAINING PROGRAM, AND DRUG COURTS PROGRAM.

    The Violent Crime Control and Law Enforcement Act of 1994 is 
amended--
            (1) in title III by striking section 30401, section 
        30403(b)(1), and subtitles A, D, K, S, and X; and
            (2) by striking title V.

SEC. 6. AMENDMENT OF VIOLENT OFFENDER INCARCERATION AND TRUTH IN 
              SENTENCING INCENTIVE GRANT PROGRAM.

    Subtitle A of title II of the Violent Crime Control and Law 
Enforcement Act of 1994 is amended to read as follows:

 ``Subtitle A--Violent Offender Incarceration and Truth in Sentencing 
                            Incentive Grants

``SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

    ``(a) Grant Authorization.--The Attorney General may make grants to 
individual States and to States organized as multi-State compacts to 
construct, develop, expand, modify, operate, or improve conventional 
prisons to ensure that prison cell space is available for the 
confinement of violent offenders and to implement truth in sentencing 
laws for sentencing violent offenders.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
subtitle, a State or States organized as multi-State compacts shall 
submit an application to the Attorney General that includes--
            ``(1) assurances that the State or States have implemented, 
        or will implement, correctional policies and programs, 
        including truth in sentencing laws that ensure that violent 
        offenders serve a substantial portion of the sentences imposed, 
        that are designed to provide sufficiently severe punishment for 
        violent offenders, including violent juvenile offenders, and 
        that the prison time served is appropriately related to the 
        determination that the inmate is a violent offender and for a 
        period of time deemed necessary to protect the public;
            ``(2) assurances that the State or States have implemented 
        policies that provide for the recognition of the rights and 
        needs of crime victims;
            ``(3) assurances that funds received under this section 
        will be used to construct, develop, expand, modify, operate, or 
        improve conventional correctional facilities to ensure that 
        prison cell space is available for the confinement of violent 
        offenders;
            ``(4) assurances that the State or States have involved 
        counties and other units of local government, when appropriate, 
        in the construction, development, expansion, modification, 
        operation or improvement of correctional facilities designed to 
        ensure the incarceration of violent offenders, and that the 
        State or States will share funds received under this section 
        with counties and other units of local government, taking into 
        account the burden placed on these units of government when 
        they are required to confine sentenced prisoners because of 
        overcrowding in State prison facilities;
            ``(5) assurances that funds received under this section 
        will be used to supplement, not supplant, other Federal, State, 
        and local funds;
            ``(6) assurances that the State or States have implemented, 
        or will implement within 18 months after the date of the 
        enactment of this Act, policies to determine the veteran status 
        of inmates and to ensure that incarcerated veterans receive the 
        veteran's benefits to which they are entitled; and
            ``(7) if applicable, documentation of the multi-State 
        compact agreement that specifies the construction, development, 
        expansion, modification, operation, or improvement of 
        correctional facilities.

``SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

    ``(a) Truth in Sentencing Grant Program.--Fifty percent of the 
total amount of funds appropriated to carry out this subtitle for each 
of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made 
available for Truth in Sentencing Incentive Grants. To be eligible to 
receive such a grant, a State must meet the requirements of section 
20101(b) and shall demonstrate that the State--
            ``(1) has in effect laws which require that persons 
        convicted of violent crimes serve not less than 85 percent of 
        the sentence imposed; or
            ``(2) since 1993--
                    ``(A) has increased the percentage of convicted 
                violent offenders sentenced to prison;
                    ``(B) has increased the average prison time which 
                will be served in prison by convicted violent offenders 
                sentenced to prison;
                    ``(C) has increased the percentage of sentence 
                which will be served in prison by violent offenders 
                sentenced to prison; and
                    ``(D) has in effect at the time of application laws 
                requiring that a person who is convicted of a violent 
                crime shall serve not less than 85 percent of the 
                sentence imposed.
    ``(b) Allocation of Truth in Sentencing Incentive Funds.--The 
amount available to carry out this section for any fiscal year under 
subsection (a) shall be allocated to each eligible State in the ratio 
that the number of part 1 violent crimes reported by such State to the 
Federal Bureau of Investigation for 1993 bears to the number of part 1 
violent crimes reported by all States to the Federal Bureau of 
Investigation for 1993.

``SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

    ``(a) Violent Offender Incarceration Grant Program.--Fifty percent 
of the total amount of funds appropriated to carry out this subtitle 
for each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall 
be made available for Violent Offender Incarceration Grants. To be 
eligible to receive such a grant, a State or States must meet the 
requirements of section 20101(b).
    ``(b) Allocation of Violent Offender Incarceration Funds.--
            ``(1) Formula allocation.--Eighty-five percent of the sum 
        of the amount available for Violent Offender Incarceration 
        Grants for any fiscal year under subsection (a) for that fiscal 
        year shall be allocated as follows:
                    ``(A) 0.25 percent shall be allocated to each 
                eligible State except that the United States Virgin 
                Islands, American Samoa, Guam, and the Northern Mariana 
                Islands each shall be allocated 0.05 percent.
                    ``(B) The amount remaining after application of 
                subparagraph (A) shall be allocated to each eligible 
                State in the ratio that the number of part 1 violent 
                crimes reported by such State to the Federal Bureau of 
                Investigation for 1993 bears to the number of part 1 
                violent crimes reported by all States to the Federal 
                Bureau of Investigation for 1993.
            ``(2) Discretionary allocation.--Fifteen percent of the sum 
        of the amount available for Violent Offender Incarceration 
        Grants for any fiscal year under subsection (a) shall be 
        allocated at the discretion of the Attorney General to States 
        that have demonstrated the greatest need for such grants and 
        the ability to best utilize the funds to meet the objectives of 
        the grant program and ensure that prison cell space is 
        available for the confinement of violent offenders.

``SEC. 20104. MATCHING REQUIREMENT.

    ``The Federal share of a grant received under this subtitle may not 
exceed 75 percent of the costs of a proposal described in an 
application approved under this subtitle.

``SEC. 20105. RULES AND REGULATIONS.

    ``(a) The Attorney General shall issue rules and regulations 
regarding the uses of grant funds received under this subtitle not 
later than 90 days after the date of enactment of this Act.
    ``(b) If data regarding part 1 violent crimes in any State for 1993 
is unavailable or substantially inaccurate, the Attorney General shall 
utilize the best available comparable data regarding the number of 
violent crimes for 1993 for that State for the purposes of allocation 
of any funds under this subtitle.

``SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.

    ``The Attorney General may request that the Director of the 
National Institute of Corrections and the Director of the Federal 
Bureau of Prisons provide technical assistance and training to a State 
or States that receive a grant under this subtitle to achieve the 
purposes of this subtitle.

``SEC. 20107. EVALUATION.

    ``The Attorney General may request the Director of the National 
Institute of Corrections to assist with an evaluation of programs 
established with funds under this subtitle.

``SEC. 20108. DEFINITIONS.

    ``In this subtitle--
            ```part 1 violent crimes' means murder and nonnegligent 
        manslaughter, forcible rape, robbery, and aggravated assault as 
        reported to the Federal Bureau of Investigation for purposes of 
        the Uniform Crime Reports; and
            ```State' or `States' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, the United States 
        Virgin Islands, American Samoa, Guam, and the Northern Mariana 
        Islands.

``SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subtitle--
            ``(1) $175,000,000 for fiscal year 1995;
            ``(2) $750,000,000 for fiscal year 1996;
            ``(3) $1,000,000,000 for fiscal year 1997;
            ``(4) $1,900,000,000 for fiscal year 1998;
            ``(5) $2,000,000,000 for fiscal year 1999; and
            ``(6) $2,070,000,000 for fiscal year 2000.''.

SEC. 7. INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS USING 
              FIREARMS.

    Section 924(c)(1) of title 18, United States Code, is amended by 
inserting after the first sentence the following: ``Except to the 
extent a greater minimum sentence is otherwise provided by the 
preceding sentence or by any other provision of this subsection or any 
other law, a person who, during and in relation to any crime of 
violence or drug trafficking crime (including a crime of violence or 
drug trafficking crime which provides for an enhanced punishment if 
committed by the use of a deadly or dangerous weapon or device) for 
which a person may be prosecuted in a court of the United States, uses 
or carries a firearm, shall, in addition to the punishment provided for 
such crime of violence or drug trafficking crime--
            ``(A) be punished by imprisonment for not less than 10 
        years;
            ``(B) if the firearm is discharged, be punished by 
        imprisonment for not less than 20 years; and
            ``(C) if the death of a person results, be punished by 
        death or by imprisonment for not less than life.
Notwithstanding any other law, the court shall not place on probation 
or suspend the sentence of any person convicted of a violation of this 
subsection, nor shall the term of imprisonment imposed under this 
subsection run concurrently with any other term of imprisonment 
including that imposed for the crime of violence or drug trafficking 
crime in which the firearm was used or carried. No person sentenced 
under this subsection shall be eligible for parole during the term of 
imprisonment imposed under this subsection.''.

SEC. 8. MANDATORY MINIMUM PRISON SENTENCES FOR THOSE WHO USE MINORS IN 
              DRUG TRAFFICKING ACTIVITIES.

    (a) Employment of Persons Under 18 Years of Age.--Section 420 of 
the Controlled Substances Act (21 U.S.C. 861) is amended--
            (1) In subsection (b) by adding at the end the following: 
        ``Except to the extent a greater minimum sentence is otherwise 
        provided, a term of imprisonment of a person 21 or more years 
        of age convicted of drug trafficking under this subsection 
        shall be not less than 10 years. Notwithstanding any other law, 
        the court shall not place on probation or suspend the sentence 
        of any person sentenced under the preceding sentence.''; and
            (2) in subsection (c) (penalty for second offenses) by 
        inserting after the second sentence the following: ``Except to 
        the extent a greater minimum sentence is otherwise provided, a 
        term of imprisonment of a person 21 or more years of age 
        convicted of drug trafficking under this subsection shall be a 
        mandatory term of life imprisonment. Notwithstanding any other 
        law, the court shall not place on probation or suspend the 
        sentence of any person sentenced under the preceding 
        sentence.''.

SEC. 9. MANDATORY MINIMUM PRISON SENTENCES FOR THOSE WHO SELL ILLEGAL 
              DRUGS TO MINORS.

    (a) Distribution to Persons Under Age 18.--Section 418 of the 
Controlled Substances Act (21 U.S.C. 859) is amended--
            (1) in subsection (a) (first offense) by inserting after 
        the second sentence ``Except to the extent a greater minimum 
        sentence is otherwise provided by section 401(b), a term of 
        imprisonment under this subsection in a case involving 
        distribution to a person under 18 years of age by a person 21 
        or more years of age shall be not less than 10 years. 
        Notwithstanding any other law, the court shall not place on 
        probation or suspend the sentence of any person sentenced under 
        the preceding sentence.''; and
            (2) in subsection (b) (second offense) by inserting after 
        the second sentence ``Except to the extent a greater sentence 
        is otherwise authorized by section 401(b), a term of 
        imprisonment under this subsection in a case involving 
        distribution to a person under 18 years of age by a person 21 
        or more years of age shall be a mandatory term of life 
        imprisonment. Notwithstanding any other law, the court shall 
        not place on probation or suspend the sentence of any person 
        sentenced under the preceding sentence.''.

SEC. 10. DEPORTATION OF CRIMINAL ALIENS.

    (a) Expansion of Definition of Aggravated Felony.--
            (1) Expansion of definition.--Section 101(a)(43) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
        amended to read as follows:
            ``(43) The term `aggravated felony' means--
                    ``(A) murder;
                    ``(B) illicit trafficking in a controlled substance 
                (as defined in section 102 of the Controlled Substances 
                Act), including a drug trafficking crime (as defined in 
                section 924(c) of title 18, United States Code);
                    ``(C) illicit trafficking in firearms or 
                destructive devices (as defined in section 921 of title 
                18, United States Code) or in explosive materials (as 
                defined in section 841(c) of that title);
                    ``(D) an offense described in section 1956 of title 
                18, United States Code (relating to laundering of 
                monetary instruments) or section 1957 of that title 
                (relating to engaging in monetary transactions in 
                property derived from specific unlawful activity) if 
                the amount of the funds exceeded $100,000;
                    ``(E) an offense described in--
                            ``(i) section 842 (h) or (i) of title 18, 
                        United States Code, or section 844 (d), (e), 
                        (f), (g), (h), or (i) of that title (relating 
                        to explosive materials offenses);
                            ``(ii) section 922(g) (1), (2), (3), (4), 
                        or (5), (j), (n), (o), (p), or (r) or 924 (b) 
                        or (h) of title 18, United States Code 
                        (relating to firearms offenses); or
                            ``(iii) section 5861 of the Internal 
                        Revenue Code of 1986 (relating to firearms 
                        offenses);
                    ``(F) a crime of violence (as defined in section 16 
                of title 18, United States Code, but not including a 
                purely political offense) for which the term of 
                imprisonment imposed (regardless of any suspension of 
                imprisonment) is at least 5 years;
                    ``(G) a theft offense (including receipt of stolen 
                property) or budgetary offense for which the term of 
                imprisonment imposed (regardless of any suspension of 
                such imprisonment) is at least 33 months;
                    ``(H) an offense described in section 875, 876, 
                877, or 1202 of title 18, United States Code (relating 
                to the demand for or receipt of ransom);
                    ``(I) an offense described in section 2251, 2251A, 
                or 2252 of title 18, United States Code (relating to 
                child pornography);
                    ``(J) an offense described in section 1962 of title 
                18, United States Code (relating to racketeer 
                influenced corrupt organizations) for which a sentence 
                of 5 years' imprisonment or more may be imposed;
                    ``(K) an offense that--
                            ``(i) relates to the owning, controlling, 
                        managing, or supervising of a prostitution 
                        business; or
                            ``(ii) is described in section 1581, 1582, 
                        1583, 1584, 1585, or 1588, of title 18, United 
                        States Code (relating to peonage, slavery, and 
                        involuntary servitude);
                    ``(L) an offense relating to perjury or subornation 
                of perjury if the offense involved causing or 
                threatening to cause physical injury to a person or 
                damage to property;
                    ``(M) an offense described in--
                            ``(i) section 793 (relating to gathering or 
                        transmitting national defense information), 798 
                        (relating to disclosure of classified 
                        information), 2153 (relating to sabotage) or 
                        2381 or 2382 (relating to treason) of title 18, 
                        United States Code; or
                            ``(ii) section 601 of the National Security 
                        Act of 1947 (50 U.S.C. 421) (relating to 
                        protecting the identity of undercover 
                        intelligence agents);
                    ``(N) an offense that--
                            ``(i) involves fraud or deceit in which the 
                        loss to the victim or victims exceeds $200,000; 
                        or
                            ``(ii) is described in section 7201 of the 
                        Internal Revenue Code of 1986 (relating to tax 
                        evasion) in which the revenue loss to the 
                        Government exceeds $200,000;
                    ``(O) an offense described in section 274(a)(1) of 
                title 18, United States Code (relating to alien 
                smuggling) for the purpose of commercial advantage;
                    ``(P) an offense described in section 1546(a) of 
                title 18, United States Code (relating to document 
                fraud) which constitutes trafficking in the documents 
                described in such section;
                    ``(Q) an offense relating to a failure to appear by 
                a defendant for service of sentence if the underlying 
                offense is punishable by imprisonment for a term of 15 
                years or more; and
                    ``(R) an attempt or conspiracy to commit an offense 
                described in this paragraph,
        including any such offense under Federal or State law or the 
        law of a foreign country for which the term of imprisonment was 
        completed within the previous 15 years.''.
            (2) Effective date.--The amendment made by this section 
        shall apply to convictions entered on or after the date of 
        enactment of this Act.
    (b) Deportation Procedures for Certain Criminal Aliens Who Are Not 
Permanent Residents.--
            (1) Elimination of administrative hearing for certain 
        criminal aliens.--Section 242A of the Immigration and 
        Nationality Act (8 U.S.C. 1252a) is amended by adding at the 
        end the following new subsection:
    ``(f) Deportation of Aliens Who Are Not Permanent Residents.--
            ``(1) Notwithstanding section 242, and subject to paragraph 
        (5), the Attorney General may issue a final order of 
        deportation against any alien described in paragraph (2) whom 
        the Attorney General determines to be deportable under section 
        241(a)(2)(A)(iii) (relating to conviction of an aggravated 
        felony).
            ``(2) An alien is described in this paragraph if the 
        alien--
                    ``(A) was not lawfully admitted for permanent 
                residence at the time that proceedings under this 
                section commenced, or
                    ``(B) had permanent resident status on a 
                conditional basis (as described in section 216 or 216A) 
                at the time that proceedings under this section 
                commenced.
            ``(3) No alien described in this section shall be eligible 
        for any relief from deportation that the Attorney General may 
        grant in the Attorney General's discretion.
            ``(4) The Attorney General may not execute any order 
        described in paragraph (1) until 14 calendar days have passed 
        from the date that such order was issued, unless waived by the 
        alien, in order that the alien has an opportunity to apply for 
        judicial review under section 106.
            ``(5) Pending a determination of deportability under this 
        section, the Attorney General shall not release the alien. An 
        order of deportation entered pursuant to this section shall be 
        executed by the Attorney General in accordance with section 
        243. Proceedings before the Attorney General under this section 
        shall be in accordance with such regulations as the Attorney 
        General shall prescribe and shall include requirements that 
        provide that--
                    ``(A) the alien is given reasonable notice of the 
                charges;
                    ``(B) the alien has an opportunity to have 
                assistance of counsel at no expense to the government 
                and in a manner that does not unduly delay the 
                proceedings;
                    ``(C) the alien has a reasonable opportunity to 
                inspect the evidence and rebut the charges;
                    ``(D) the determination of deportability is 
                supported by reasonable, substantial, and probative 
                evidence; and
                    ``(E) the final order of deportation is not 
                adjudicated by the same person who issued such 
                order.''.
            (2) Limited judicial review.--Section 106 of the 
        Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
                    (A) in the first sentence of subsection (a), by 
                inserting ``or pursuant to section 242A'' after ``under 
                section 242(b)'';
                    (B) in subsection (a)(1) and subsection (a)(3), by 
                inserting ``(including an alien described in section 
                242A)'' after ``aggravated felony''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(d) Notwithstanding subsection (c), a petition for review or for 
habeas corpus on behalf of an alien described in section 242A(c) may 
only challenge whether the alien is in fact an alien described in such 
section, and no court shall have jurisdiction to review any other 
issue.''.
            (3) Technical amendments.--Section 242A of the Immigration 
        and Nationality Act (8 U.S.C. 1252a) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``(a) In General.--'' and 
                        inserting the following:
    ``(b) Deportation of Permanent Resident Aliens.--
            ``(1) In general.--''; and
                            (ii) by inserting in the first sentence 
                        ``permanent resident'' after ``correctional 
                        facilities for'';
                    (B) in subsection (b)--
                            (i) by striking ``(b) Implementation.--'' 
                        and inserting ``(2) Implementation.--''; and
                            (ii) by striking ``respect to an'' and 
                        inserting ``respect to a permanent resident'';
                    (C) by striking subsection (c);
                    (D) in subsection (d)--
                            (i) by striking ``(d) Expedited 
                        Proceedings.--(1)'' and inserting ``(3) 
                        Expedited proceedings.--(A)'';
                            (ii) by inserting ``permanent resident'' 
                        after ``in the case of any''; and
                            (iii) by striking ``(2)'' and inserting 
                        ``(B)'';
                    (E) in subsection (e)--
                            (i) by striking ``(e) Review.--(1)'' and 
                        inserting ``(4) Review.--(A)'';
                            (ii) by striking the second sentence; and
                            (iii) by striking ``(2)'' and inserting 
                        ``(B)'';
                    (F) by redesignating subsection (f), as added by 
                paragraph (1) of this subsection, as subsection (c);
                    (G) by inserting after the section heading the 
                following new subsection:
    ``(a) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be deportable from the United States.''; and
                    (H) by amending the section heading to read as 
                follows:

 ``expedited deportation of aliens convicted of committing aggravated 
                              felonies''.

            (4) Effective date.--The amendments made by this subsection 
        shall apply to all aliens against whom deportation proceedings 
        are initiated after the date of enactment of this Act.
    (c) Judicial Deportation.--
            (1) Judicial deportation.--Section 242A of the Immigration 
        and Nationality Act (8 U.S.C. 1252a) is amended by adding at 
        the end the following new subsection:
    ``(d) Judicial Deportation.--
            ``(1) Authority.--Notwithstanding any other provision of 
        this Act, a United States district court shall have 
        jurisdiction to enter a judicial order of deportation at the 
        time of sentencing against an alien whose criminal conviction 
        causes such alien to be deportable under section 
        241(a)(2)(A)(iii) (relating to conviction of an aggravated 
        felony), if such an order has been requested prior to 
        sentencing by the United States Attorney with the concurrence 
        of the Commissioner.
            ``(2) Procedure.--
                    ``(A) The United States Attorney shall provide 
                notice of intent to request judicial deportation 
                promptly after the entry in the record of an 
                adjudication of guilt or guilty plea. Such notice shall 
                be provided to the court, to the Service, to the alien, 
                and to the alien's counsel of record.
                    ``(B) Notwithstanding section 242B, the United 
                States Attorney, with the concurrence of the 
                Commissioner, shall file at least 20 days prior to the 
                date set for sentencing a charge containing factual 
                allegations regarding the alienage of the defendant and 
                satisfaction by the defendant of the definition of 
                aggravated felony.
                    ``(C) If the court determines that the defendant 
                has presented substantial evidence to establish prima 
                facie eligibility for relief from deportation under 
                section 212(c), the Commissioner shall provide the 
                court with a recommendation and report regarding the 
                alien's eligibility for relief under such section. The 
                court shall either grant or deny the relief sought.
                    ``(D)(i) The alien shall have a reasonable 
                opportunity to examine the evidence against him or her, 
                to present evidence on his or her own behalf, and to 
                cross-examine witnesses presented by the Government.
                    ``(ii) The court, for the purposes of determining 
                whether to enter an order described in paragraph (1), 
                shall only consider evidence that would be admissible 
                in proceedings conducted pursuant to section 242(b).
                    ``(iii) Nothing in this subsection shall limit the 
                information a court of the United States may receive or 
                consider for the purposes of imposing an appropriate 
                sentence.
                    ``(iv) The court may order the alien deported if 
                the Attorney General demonstrates by clear and 
                convincing evidence that the alien is deportable under 
                this Act.
            ``(3) Notice, appeal, and execution of judicial order of 
        deportation.--
                    ``(A)(i) A judicial order of deportation or denial 
                of such order may be appealed by either party to the 
                court of appeals for the circuit in which the district 
                court is located.
                    ``(ii) Except as provided in clause (iii), such 
                appeal shall be considered consistent with the 
                requirements described in section 106.
                    ``(iii) Upon execution by the defendant of a valid 
                waiver of the right to appeal the conviction on which 
                the order of deportation is based, the expiration of 
                the period described in section 106(a)(1), or the final 
                dismissal of an appeal from such conviction, the order 
                of deportation shall become final and shall be executed 
                at the end of the prison term in accordance with the 
                terms of the order. If the conviction is reversed on 
                direct appeal, the order entered pursuant to this 
                section shall be void.
                    ``(B) As soon as is practicable after entry of a 
                judicial order of deportation, the Commissioner shall 
                provide the defendant with written notice of the order 
                or deportation, which shall designate the defendant's 
                country of choice for deportation and any alternate 
                country pursuant to section 243(a).
            ``(4) Denial of judicial order.--Denial of a request for a 
        judicial order of deportation shall not preclude the Attorney 
        General from initiating deportation proceedings pursuant to 
        section 242 upon the same ground of deportability or upon any 
        other ground of deportability provided under section 241(a).''.
            (2) Technical amendment.--The ninth sentence of section 
        242(b) of the Immigration and Nationality Act (8 U.S.C. 
        1252(b)) is amended by striking ``The'' and inserting ``Except 
        as provided in section 242A(d), the''.
            (3) Rule of construction.--Nothing in this subsection may 
        be construed to alter the privilege of being represented at no 
        expense to the Government set forth in section 292 of the 
        Immigration and Nationality Act.
            (4) Effective date.--The amendments made by this section 
        shall apply to all aliens whose adjudication of guilt or guilty 
        plea is entered in the record after the date of enactment of 
        this Act.
    (d) Restricting Defenses to Deportation for Certain Criminal 
Aliens.--
            (1) Defenses based on seven years of permanent residence.--
        The last sentence of section 212(c) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(c)) is amended by striking ``has 
        served for such felony or felonies'' and all that follows 
        through the period and inserting ``has been sentenced for such 
        felony or felonies to a term of imprisonment of at least 5 
        years, if the time for appealing such conviction or sentence 
        has expired and the sentence has become final. For purposes of 
        this section, the term `sentence' does not include a sentence 
        the execution of which was suspended in its entirety.''.
            (2) Defenses based on withholding of deportation.--Section 
        243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 
        1253(h)(2)) is amended--
                    (A) by striking the final sentence and inserting 
                the following new subparagraph:
                    ``(E) the alien has been convicted of an aggravated 
                felony.''; and
                    (B) by striking ``or'' at the end of subparagraph 
                (C) and inserting ``or'' at the end of subparagraph 
                (D).
    (e) Enhancing Penalties for Failing to Depart, or Reentering, After 
Final Order of Deportation.--
            (1) Failure to depart.--Section 242(e) of the Immigration 
        and Nationality Act (8 U.S.C. 1252(e)) is amended--
                    (A) by striking ``paragraph (2), (3), or 4 of'' the 
                first time it appears; and
                    (B) by striking ``shall be imprisoned not more than 
                ten years'' and inserting ``shall be imprisoned not 
                more than four years, or shall be imprisoned not more 
                than ten years if the alien is a member of any of the 
                classes described in paragraph (1)(E), (2), (3), or (4) 
                of section 241(a).''.
            (2) Reentry.--Section 276(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1326(b)) is amended--
                    (A) in paragraph (1)--
                            (i) by inserting after ``commission of'' 
                        the following: ``three or more misdemeanors 
                        involving drugs, crimes against the person, or 
                        both, or''; and
                            (ii) by striking ``5'' and inserting 
                        ``10'';
                    (B) in paragraph (2), by striking ``15'' and 
                inserting ``20''; and
                    (C) by adding at the end the following sentence:
``For the purposes of this subsection, the term `deportation' includes 
any agreement in which an alien stipulates to deportation during a 
criminal trial under either Federal or State law.''.
            (3) Collateral attacks on underlying deportation order.--
        Section 276 of the Immigration and Nationality Act (8 U.S.C. 
        1326) is amended by adding after subsection (b) the following 
        new subsection:
    ``(c) In a criminal proceeding under this section, an alien may not 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b) unless the alien demonstrates that--
            ``(1) the alien exhausted any administrative remedies that 
        may have been available to seek relief against the order;
            ``(2) the deportation proceedings at which the order was 
        issued improperly deprived the alien of the opportunity for 
        judicial review; and
            ``(3) the entry of the order was fundamentally unfair.''.
    (f) Criminal Alien Tracking Center.--
            (1) Operation.--The Attorney General shall, under the 
        authority of section 242(a)(3)(A) of the Immigration and 
        Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal 
        alien tracking center.
            (2) Purpose.--The criminal alien tracking center shall be 
        used to assist Federal, State, and local law enforcement 
        agencies in identifying and locating aliens who may be subject 
        to deportation by reason of their conviction of aggravated 
        felonies.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this section $2,000,000 for 
        fiscal year 1995 and $6,000,000 for each of fiscal years 1996, 
        1997, 1998, and 1999.
    (g) Miscellaneous and Technical Changes.--
            (1) Form of deportation hearings.--The second sentence of 
        section 242(b) of the Immigration and Nationality Act (8 U.S.C. 
        1252(b)) is amended by inserting before the period the 
        following: ``; except that nothing in this subsection shall 
        preclude the Attorney General from authorizing proceedings by 
        electronic or telephonic media, in the discretion of the 
        special inquiry officer, or, where waived or agreed to by the 
        parties, in the absence of the alien.''.
            (2) Construction of expedited deportation requirements.--No 
        amendment made by this Act and nothing in section 242(i) of the 
        Immigration and Nationality Act (8 U.S.C. 1252(i)) shall be 
        construed to create any substantive or procedural right or 
        benefit that is legally enforceable by any party against the 
        United States or its agencies or officers or any other person.
            (3) Amendment of the violent crime control and law 
        enforcement act of 1994.--Sections 130001, 130002, and 130004 
        of the Violent Crime Control and Law Enforcement Act of 1994 
        and the amendments made by those sections are repealed 
        effective as of the date of enactment of this Act.

SEC. 11. FLEXIBILITY IN APPLICATION OF MANDATORY MINIMUM SENTENCE 
              PROVISIONS IN CERTAIN CIRCUMSTANCES.

    (a) Amendment of Title 18, United States Code.--Section 3553 of 
title 18, United States Code, is amended by adding at the end the 
following new subsection:
    ``(f) Mandatory Minimum Sentence Provisions.--
            ``(1) Sentencing under this section.--In the case of an 
        offense described in paragraph (2), the court shall, 
        notwithstanding the requirement of a mandatory minimum sentence 
        in that section, impose a sentence in accordance with this 
        section and the sentencing guidelines and any pertinent policy 
        statement issued by the United States Sentencing Commission.
            ``(2) Offenses.--An offense is described in this paragraph 
        if--
                    ``(A) the defendant is subject to a mandatory 
                minimum term of imprisonment under section 401 or 402 
                of the Controlled Substances Act (21 U.S.C. 841 and 
                844) or section 1010 of the Controlled Substances 
                Import and Export Act (21 U.S.C. 960);
                    ``(B) the defendant does not have--
                            ``(i) more than criminal history point 
                        under the sentencing guidelines; or
                            ``(ii) any prior conviction, foreign or 
                        domestic, for a crime of violence against the 
                        person or drug trafficking offense that 
                        resulted in a sentence of imprisonment (or an 
                        adjudication as a juvenile delinquent for an 
                        act that, if committed by an adult, would 
                        constitute a crime of violence against the 
                        person or drug trafficking offense;
                    ``(C) the offense did not result in death or 
                serious bodily injury (as defined in section 1365) to 
                any person--
                            ``(i) as a result of the act of any person 
                        during the course of the offense; or
                            ``(ii) as a result of the use by any person 
                        of a controlled substance that was involved in 
                        the offense;
                    ``(D) the defendant did not carry or otherwise have 
                possession of a firearm (as defined in section 921) or 
                other dangerous weapon during the course of the offense 
                and did not direct another person who possessed a 
                firearm to do so and the defendant had no knowledge of 
                any other conspirator involved possessing a firearm;
                    ``(E) the defendant was not an organizer, leader, 
                manager, or supervisor of others (as defined or 
                determined under the sentencing guidelines) in the 
                offense;
                    ``(F) the defendant was nonviolent in that the 
                defendant did not use, attempt to use, or make a 
                credible threat to use physical force against the 
                person of another during the course of the offense;
                    ``(G) the defendant did not own the drugs, finance 
                any part of the offense or sell the drugs; and
                    ``(H) the Government certifies that the defendant 
                has timely and truthfully provided to the Government 
                all information and evidence the defendant has 
                concerning the offense or offenses that were part of 
                the same course of conduct or of a common scheme or 
                plan.''.
    (b) Harmonization.--
            (1) In general.--The United States Sentencing Commission--
                    (A) may make such amendments as it deems necessary 
                and appropriate to harmonize the sentencing guidelines 
                and policy statements with section 3553(f) of title 18, 
                United States Code, as added by subsection (a), and 
                promulgate policy statements to assist the courts in 
                interpreting that provision; and
                    (B) shall amend the sentencing guidelines, if 
                necessary, to assign to an offense under section 401 or 
                402 of the Controlled Substances Act (21 U.S.C. 841 and 
                844) or section 1010 of the Controlled Substances 
                Import and Export Act (21 U.S.C. 960) to which a 
                mandatory minimum term of imprisonment applies a 
                guideline level that will result in the imposition of a 
                term of imprisonment at least equal to the mandatory 
                term of imprisonment that is currently applicable 
                unless a downward adjustment is authorized under 
                section 3553(f) of title 18, United States Code, as 
                added by subsection (a).
            (2) Emergency amendments.--If the Commission determines 
        that an expedited procedure is necessary in order for 
        amendments made pursuant to paragraph (1) to become effective 
        on the effective date specified in subsection (c), the 
        Commission may promulgate such amendments as emergency 
        amendments under the procedures set forth in section 21(a) of 
        the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 
        1271), as though the authority under that section had not 
        expired.
    (c) Effective Date.--The amendment made by subsection (a) and any 
amendments to the sentencing guidelines made by the United States 
Sentencing Commission pursuant to subsection (b) shall apply with 
respect to sentences imposed for offenses committed on or after the 
date that is 60 days after the date of enactment of this Act. 
Notwithstanding any other law, a defendant who has been sentenced 
pursuant to section 3553(f) who is subsequently convicted of a 
violation of the Controlled Substances Act, or of a crime of violence 
for which imposition of a mandatory minimum term of imprisonment is 
required, shall be sentenced to an additional 5 years' imprisonment.
    (d) Repeal of Title VIII of Violent Crime Control and Law 
Enforcement Act of 1994.--Title VIII of Violent Crime Control and Law 
Enforcement Act of 1994 and the amendment made by that title are 
repealed effective as of the effective date specified in subsection 
(c).

SEC. 12. EQUITABLE DISTRIBUTION OF DISCRETIONARY GRANTS.

    It is the sense of the Congress that all grants authorized under 
the Violent Crime Control and Law Enforcement Act of 1994 and not 
required to be distributed according to a formula prescribed by law 
shall be distributed in a fair and equitable manner that ensures that 
rural States receive a fair and proportional share of the funds.
                                 <all>
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