II

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Crime Control Im5 provement Act of 1994’’.
2

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1 SEC. 2. ELIMINATION OF MODEL INTENSIVE GRANT

2 PROGRAM.

3 Title III of the Violent Crime Control and Law En4 forcement Act of 1994 is amended by striking subtitle C.

5 SEC. 3. ELIMINATION OF LOCAL PARTNERSHIP GRANT

6 PROGRAM.

7 Title III of the Violent Crime Control and Law En8 forcement Act of 1994 is amended by striking subtitle J.

9 SEC. 4. ELIMINATION OF LOCAL CRIME PREVENTION

10 BLOCK GRANT PROGRAM, FAMILY AND COM11 MUNITY ENDEAVOR SCHOOLS PROGRAM,

12 COMMUNITY-BASED JUSTICE GRANT PRO13 GRAM, URBAN RECREATION PROGRAM, AT14 RISK YOUTH PROGRAM, AND POLICE RE15 CRUITMENT PROGRAM.

16 Title III of the Violent Crime Control and Law En17 forcement Act of 1994 is amended by striking section

18 30402, section 30403(b)(2), and subtitles B, G, H, O, and

19 Q.
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1 SEC. 5. ELIMINATION OF NATIONAL COMMUNITY ECO2 NOMIC PARTNERSHIP PROGRAM, COMMU3 NITY SCHOOLS PROGRAM, OUNCE OF PRE4 VENTION PROGRAM, FAMILY UNITY DEM5 ONSTRATION PROJECT, GANG RESISTANCE

6 EDUCATION AND TRAINING PROGRAM, AND

7 DRUG COURTS PROGRAM.

8 The Violent Crime Control and Law Enforcement Act

9 of 1994 is amended—

10 (1) in title III by striking section 30401, sec11 tion 30403(b)(1), and subtitles A, D, K, S, and X;

12 and

13 (2) by striking title V.

14 SEC. 6. AMENDMENT OF VIOLENT OFFENDER INCARCER15 ATION AND TRUTH IN SENTENCING INCEN16 TIVE GRANT PROGRAM.

17 Subtitle A of title II of the Violent Crime Control

18 and Law Enforcement Act of 1994 is amended to read

19 as follows:

20 ‘‘Subtitle A—Violent Offender In21 carceration and Truth in Sen22 tencing Incentive Grants

23 ‘‘SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

24 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen25 eral may make grants to individual States and to States

26 organized as multi-State compacts to construct, develop,
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1 expand, modify, operate, or improve conventional prisons

2 to ensure that prison cell space is available for the confine3 ment of violent offenders and to implement truth in sen4 tencing laws for sentencing violent offenders.

5 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant

6 under this subtitle, a State or States organized as multi7 State compacts shall submit an application to the Attorney

8 General that includes—

9 ‘‘(1) assurances that the State or States have

10 implemented, or will implement, correctional policies

11 and programs, including truth in sentencing laws

12 that ensure that violent offenders serve a substantial

13 portion of the sentences imposed, that are designed

14 to provide sufficiently severe punishment for violent

15 offenders, including violent juvenile offenders, and

16 that the prison time served is appropriately related

17 to the determination that the inmate is a violent of18 fender and for a period of time deemed necessary to

19 protect the public;

20 ‘‘(2) assurances that the State or States have

21 implemented policies that provide for the recognition

22 of the rights and needs of crime victims;

23 ‘‘(3) assurances that funds received under this

24 section will be used to construct, develop, expand,

25 modify, operate, or improve conventional correctional
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1 facilities to ensure that prison cell space is available

2 for the confinement of violent offenders;

3 ‘‘(4) assurances that the State or States have

4 involved counties and other units of local govern5 ment, when appropriate, in the construction, devel6 opment, expansion, modification, operation or im7 provement of correctional facilities designed to en8 sure the incarceration of violent offenders, and that

9 the State or States will share funds received under

10 this section with counties and other units of local

11 government, taking into account the burden placed

12 on these units of government when they are required

13 to confine sentenced prisoners because of overcrowd14 ing in State prison facilities;

15 ‘‘(5) assurances that funds received under this

16 section will be used to supplement, not supplant,

17 other Federal, State, and local funds;

18 ‘‘(6) assurances that the State or States have

19 implemented, or will implement within 18 months

20 after the date of the enactment of this Act, policies

21 to determine the veteran status of inmates and to

22 ensure that incarcerated veterans receive the veter23 an’s benefits to which they are entitled; and

24 ‘‘(7) if applicable, documentation of the multi25 State compact agreement that specifies the construc-
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1 tion, development, expansion, modification, oper2 ation, or improvement of correctional facilities.

3 ‘‘SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

4 ‘‘(a) TRUTH IN SENTENCING GRANT PROGRAM.—

5 Fifty percent of the total amount of funds appropriated

6 to carry out this subtitle for each of fiscal years 1995,

7 1996, 1997, 1998, 1999, and 2000 shall be made available

8 for Truth in Sentencing Incentive Grants. To be eligible

9 to receive such a grant, a State must meet the require10 ments of section 20101(b) and shall demonstrate that the

11 State—

12 ‘‘(1) has in effect laws which require that per13 sons convicted of violent crimes serve not less than

14 85 percent of the sentence imposed; or

15 ‘‘(2) since 1993—

16 ‘‘(A) has increased the percentage of con17 victed violent offenders sentenced to prison;

18 ‘‘(B) has increased the average prison time

19 which will be served in prison by convicted vio20 lent offenders sentenced to prison;

21 ‘‘(C) has increased the percentage of sen22 tence which will be served in prison by violent

23 offenders sentenced to prison; and

24 ‘‘(D) has in effect at the time of applica25 tion laws requiring that a person who is con-
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1 victed of a violent crime shall serve not less

2 than 85 percent of the sentence imposed.

3 ‘‘(b) ALLOCATION OF TRUTH IN SENTENCING IN4 CENTIVE FUNDS.—The amount available to carry out this

5 section for any fiscal year under subsection (a) shall be

6 allocated to each eligible State in the ratio that the num7 ber of part 1 violent crimes reported by such State to the

8 Federal Bureau of Investigation for 1993 bears to the

9 number of part 1 violent crimes reported by all States to

10 the Federal Bureau of Investigation for 1993.

11 ‘‘SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

12 ‘‘(a) VIOLENT OFFENDER INCARCERATION GRANT

13 PROGRAM.—Fifty percent of the total amount of funds ap14 propriated to carry out this subtitle for each of fiscal years

15 1995, 1996, 1997, 1998, 1999, and 2000 shall be made

16 available for Violent Offender Incarceration Grants. To be

17 eligible to receive such a grant, a State or States must

18 meet the requirements of section 20101(b).

19 ‘‘(b) ALLOCATION OF VIOLENT OFFENDER INCAR20 CERATION FUNDS.—

21 ‘‘(1) FORMULA ALLOCATION.—Eighty-five per22 cent of the sum of the amount available for Violent

23 Offender Incarceration Grants for any fiscal year

24 under subsection (a) for that fiscal year shall be al25 located as follows:
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1 ‘‘(A) 0.25 percent shall be allocated to

2 each eligible State except that the United

3 States Virgin Islands, American Samoa, Guam,

4 and the Northern Mariana Islands each shall be

5 allocated 0.05 percent.

6 ‘‘(B) The amount remaining after applica7 tion of subparagraph (A) shall be allocated to

8 each eligible State in the ratio that the number

9 of part 1 violent crimes reported by such State

10 to the Federal Bureau of Investigation for 1993

11 bears to the number of part 1 violent crimes re12 ported by all States to the Federal Bureau of

13 Investigation for 1993.

14 ‘‘(2) DISCRETIONARY ALLOCATION.—Fifteen

15 percent of the sum of the amount available for Vio16 lent Offender Incarceration Grants for any fiscal

17 year under subsection (a) shall be allocated at the

18 discretion of the Attorney General to States that

19 have demonstrated the greatest need for such grants

20 and the ability to best utilize the funds to meet the

21 objectives of the grant program and ensure that

22 prison cell space is available for the confinement of

23 violent offenders.
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1 ‘‘SEC. 20104. MATCHING REQUIREMENT.

2 ‘‘The Federal share of a grant received under this

3 subtitle may not exceed 75 percent of the costs of a pro4 posal described in an application approved under this sub5 title.

6 ‘‘SEC. 20105. RULES AND REGULATIONS.

7 ‘‘(a) The Attorney General shall issue rules and regu8 lations regarding the uses of grant funds received under

9 this subtitle not later than 90 days after the date of enact10 ment of this Act.

11 ‘‘(b) If data regarding part 1 violent crimes in any

12 State for 1993 is unavailable or substantially inaccurate,

13 the Attorney General shall utilize the best available com14 parable data regarding the number of violent crimes for

15 1993 for that State for the purposes of allocation of any

16 funds under this subtitle.

17 ‘‘SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.

18 ‘‘The Attorney General may request that the Director

19 of the National Institute of Corrections and the Director

20 of the Federal Bureau of Prisons provide technical assist21 ance and training to a State or States that receive a grant

22 under this subtitle to achieve the purposes of this subtitle.

23 ‘‘SEC. 20107. EVALUATION.

24 ‘‘The Attorney General may request the Director of

25 the National Institute of Corrections to assist with an
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1 evaluation of programs established with funds under this

2 subtitle.

3 ‘‘SEC. 20108. DEFINITIONS.

4 ‘‘In this subtitle—

5 ‘‘ ‘part 1 violent crimes’ means murder and

6 nonnegligent manslaughter, forcible rape, robbery,

7 and aggravated assault as reported to the Federal

8 Bureau of Investigation for purposes of the Uniform

9 Crime Reports; and

10 ‘‘ ‘State’ or ‘States’ means a State, the District

11 of Columbia, the Commonwealth of Puerto Rico, the

12 United States Virgin Islands, American Samoa,

13 Guam, and the Northern Mariana Islands.

14 ‘‘SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.

15 ‘‘There are authorized to be appropriated to carry out

16 this subtitle—

17 ‘‘(1) $175,000,000 for fiscal year 1995;

18 ‘‘(2) $750,000,000 for fiscal year 1996;

19 ‘‘(3) $1,000,000,000 for fiscal year 1997;

20 ‘‘(4) $1,900,000,000 for fiscal year 1998;

21 ‘‘(5) $2,000,000,000 for fiscal year 1999; and

22 ‘‘(6) $2,070,000,000 for fiscal year 2000.’’.
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1 SEC. 7. INCREASED MANDATORY MINIMUM SENTENCES

2 FOR CRIMINALS USING FIREARMS.

3 Section 924(c)(1) of title 18, United States Code, is

4 amended by inserting after the first sentence the follow5 ing: ‘‘Except to the extent a greater minimum sentence

6 is otherwise provided by the preceding sentence or by any

7 other provision of this subsection or any other law, a per8 son who, during and in relation to any crime of violence

9 or drug trafficking crime (including a crime of violence

10 or drug trafficking crime which provides for an enhanced

11 punishment if committed by the use of a deadly or dan12 gerous weapon or device) for which a person may be pros13 ecuted in a court of the United States, uses or carries a

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

15 such crime of violence or drug trafficking crime—

16 ‘‘(A) be punished by imprisonment for not less

17 than 10 years;

18 ‘‘(B) if the firearm is discharged, be punished

19 by imprisonment for not less than 20 years; and

20 ‘‘(C) if the death of a person results, be pun21 ished by death or by imprisonment for not less than

22 life.

23 Notwithstanding any other law, the court shall not place

24 on probation or suspend the sentence of any person con25 victed of a violation of this subsection, nor shall the term

26 of imprisonment imposed under this subsection run con-
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1 currently with any other term of imprisonment including

2 that imposed for the crime of violence or drug trafficking

3 crime in which the firearm was used or carried. No person

4 sentenced under this subsection shall be eligible for parole

5 during the term of imprisonment imposed under this sub6 section.’’.

7 SEC. 8. MANDATORY MINIMUM PRISON SENTENCES FOR

8 THOSE WHO USE MINORS IN DRUG TRAF9 FICKING ACTIVITIES.

10 (a) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF

11 AGE.—Section 420 of the Controlled Substances Act (21

12 U.S.C. 861) is amended—

13 (1) In subsection (b) by adding at the end the

14 following: ‘‘Except to the extent a greater minimum

15 sentence is otherwise provided, a term of imprison16 ment of a person 21 or more years of age convicted

17 of drug trafficking under this subsection shall be not

18 less than 10 years. Notwithstanding any other law,

19 the court shall not place on probation or suspend the

20 sentence of any person sentenced under the preced21 ing sentence.’’; and

22 (2) in subsection (c) (penalty for second of23 fenses) by inserting after the second sentence the

24 following: ‘‘Except to the extent a greater minimum

25 sentence is otherwise provided, a term of imprison-
13

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1 ment of a person 21 or more years of age convicted

2 of drug trafficking under this subsection shall be a

3 mandatory term of life imprisonment. Notwithstand4 ing any other law, the court shall not place on pro5 bation or suspend the sentence of any person sen6 tenced under the preceding sentence.’’.

7 SEC. 9. MANDATORY MINIMUM PRISON SENTENCES FOR

8 THOSE WHO SELL ILLEGAL DRUGS TO

9 MINORS.

10 (a) DISTRIBUTION TO PERSONS UNDER AGE 18.—

11 Section 418 of the Controlled Substances Act (21 U.S.C.

12 859) is amended—

13 (1) in subsection (a) (first offense) by inserting

14 after the second sentence ‘‘Except to the extent a

15 greater minimum sentence is otherwise provided by

16 section 401(b), a term of imprisonment under this

17 subsection in a case involving distribution to a per18 son under 18 years of age by a person 21 or more

19 years of age shall be not less than 10 years. Not20 withstanding any other law, the court shall not place

21 on probation or suspend the sentence of any person

22 sentenced under the preceding sentence.’’; and

23 (2) in subsection (b) (second offense) by insert24 ing after the second sentence ‘‘Except to the extent

25 a greater sentence is otherwise authorized by section
14

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1 401(b), a term of imprisonment under this sub2 section in a case involving distribution to a person

3 under 18 years of age by a person 21 or more years

4 of age shall be a mandatory term of life imprison5 ment. Notwithstanding any other law, the court shall

6 not place on probation or suspend the sentence of

7 any person sentenced under the preceding sen8 tence.’’.

9 SEC. 10. DEPORTATION OF CRIMINAL ALIENS.

10 (a) EXPANSION OF DEFINITION OF AGGRAVATED

11 FELONY.—

12 (1) EXPANSION OF DEFINITION.—Section

13 101(a)(43) of the Immigration and Nationality Act

14 (8 U.S.C. 1101(a)(43)) is amended to read as fol15 lows:

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

17 ‘‘(A) murder;

18 ‘‘(B) illicit trafficking in a controlled sub19 stance (as defined in section 102 of the Con20 trolled Substances Act), including a drug traf21 ficking crime (as defined in section 924(c) of

22 title 18, United States Code);

23 ‘‘(C) illicit trafficking in firearms or de24 structive devices (as defined in section 921 of

25 title 18, United States Code) or in explosive
15

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1 materials (as defined in section 841(c) of that

2 title);

3 ‘‘(D) an offense described in section 1956

4 of title 18, United States Code (relating to

5 laundering of monetary instruments) or section

6 1957 of that title (relating to engaging in mon7 etary transactions in property derived from spe8 cific unlawful activity) if the amount of the

9 funds exceeded $100,000;

10 ‘‘(E) an offense described in—

11 ‘‘(i) section 842 (h) or (i) of title 18,

12 United States Code, or section 844 (d),

13 (e), (f), (g), (h), or (i) of that title (relat14 ing to explosive materials offenses);

15 ‘‘(ii) section 922(g) (1), (2), (3), (4),

16 or (5), (j), (n), (o), (p), or (r) or 924 (b)

17 or (h) of title 18, United States Code (re18 lating to firearms offenses); or

19 ‘‘(iii) section 5861 of the Internal

20 Revenue Code of 1986 (relating to fire21 arms offenses);

22 ‘‘(F) a crime of violence (as defined in sec23 tion 16 of title 18, United States Code, but not

24 including a purely political offense) for which

25 the term of imprisonment imposed (regardless
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1 of any suspension of imprisonment) is at least

2 5 years;

3 ‘‘(G) a theft offense (including receipt of

4 stolen property) or budgetary offense for which

5 the term of imprisonment imposed (regardless

6 of any suspension of such imprisonment) is at

7 least 33 months;

8 ‘‘(H) an offense described in section 875,

9 876, 877, or 1202 of title 18, United States

10 Code (relating to the demand for or receipt of

11 ransom);

12 ‘‘(I) an offense described in section 2251,

13 2251A, or 2252 of title 18, United States Code

14 (relating to child pornography);

15 ‘‘(J) an offense described in section 1962

16 of title 18, United States Code (relating to

17 racketeer influenced corrupt organizations) for

18 which a sentence of 5 years’ imprisonment or

19 more may be imposed;

20 ‘‘(K) an offense that—

21 ‘‘(i) relates to the owning, controlling,

22 managing, or supervising of a prostitution

23 business; or

24 ‘‘(ii) is described in section 1581,

25 1582, 1583, 1584, 1585, or 1588, of title
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1 18, United States Code (relating to peon2 age, slavery, and involuntary servitude);

3 ‘‘(L) an offense relating to perjury or sub4 ornation of perjury if the offense involved caus5 ing or threatening to cause physical injury to a

6 person or damage to property;

7 ‘‘(M) an offense described in—

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

9 or transmitting national defense informa10 tion), 798 (relating to disclosure of classi11 fied information), 2153 (relating to sabo12 tage) or 2381 or 2382 (relating to treason)

13 of title 18, United States Code; or

14 ‘‘(ii) section 601 of the National Secu15 rity Act of 1947 (50 U.S.C. 421) (relating

16 to protecting the identity of undercover in17 telligence agents);

18 ‘‘(N) an offense that—

19 ‘‘(i) involves fraud or deceit in which

20 the loss to the victim or victims exceeds

21 $200,000; or

22 ‘‘(ii) is described in section 7201 of

23 the Internal Revenue Code of 1986 (relat24 ing to tax evasion) in which the revenue

25 loss to the Government exceeds $200,000;
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1 ‘‘(O) an offense described in section

2 274(a)(1) of title 18, United States Code (relat3 ing to alien smuggling) for the purpose of com4 mercial advantage;

5 ‘‘(P) an offense described in section

6 1546(a) of title 18, United States Code (relat7 ing to document fraud) which constitutes traf8 ficking in the documents described in such sec9 tion;

10 ‘‘(Q) an offense relating to a failure to ap11 pear by a defendant for service of sentence if

12 the underlying offense is punishable by impris13 onment for a term of 15 years or more; and

14 ‘‘(R) an attempt or conspiracy to commit

15 an offense described in this paragraph,

16 including any such offense under Federal or State

17 law or the law of a foreign country for which the

18 term of imprisonment was completed within the pre19 vious 15 years.’’.

20 (2) EFFECTIVE DATE.—The amendment made

21 by this section shall apply to convictions entered on

22 or after the date of enactment of this Act.

23 (b) DEPORTATION PROCEDURES FOR CERTAIN

24 CRIMINAL ALIENS WHO ARE NOT PERMANENT RESI25 DENTS.—
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1 (1) ELIMINATION OF ADMINISTRATIVE HEARING

2 FOR CERTAIN CRIMINAL ALIENS.—Section 242A of

3 the Immigration and Nationality Act (8 U.S.C.

4 1252a) is amended by adding at the end the follow5 ing new subsection:

6 ‘‘(f) DEPORTATION OF ALIENS WHO ARE NOT PER7 MANENT RESIDENTS.—

8 ‘‘(1) Notwithstanding section 242, and subject

9 to paragraph (5), the Attorney General may issue a

10 final order of deportation against any alien described

11 in paragraph (2) whom the Attorney General deter12 mines to be deportable under section

13 241(a)(2)(A)(iii) (relating to conviction of an aggra14 vated felony).

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

16 the alien—

17 ‘‘(A) was not lawfully admitted for perma18 nent residence at the time that proceedings

19 under this section commenced, or

20 ‘‘(B) had permanent resident status on a

21 conditional basis (as described in section 216 or

22 216A) at the time that proceedings under this

23 section commenced.

24 ‘‘(3) No alien described in this section shall be

25 eligible for any relief from deportation that the At-
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1 torney General may grant in the Attorney General’s

2 discretion.

3 ‘‘(4) The Attorney General may not execute any

4 order described in paragraph (1) until 14 calendar

5 days have passed from the date that such order was

6 issued, unless waived by the alien, in order that the

7 alien has an opportunity to apply for judicial review

8 under section 106.

9 ‘‘(5) Pending a determination of deportability

10 under this section, the Attorney General shall not

11 release the alien. An order of deportation entered

12 pursuant to this section shall be executed by the At13 torney General in accordance with section 243. Pro14 ceedings before the Attorney General under this sec15 tion shall be in accordance with such regulations as

16 the Attorney General shall prescribe and shall in17 clude requirements that provide that—

18 ‘‘(A) the alien is given reasonable notice of

19 the charges;

20 ‘‘(B) the alien has an opportunity to have

21 assistance of counsel at no expense to the gov22 ernment and in a manner that does not unduly

23 delay the proceedings;
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1 ‘‘(C) the alien has a reasonable oppor2 tunity to inspect the evidence and rebut the

3 charges;

4 ‘‘(D) the determination of deportability is

5 supported by reasonable, substantial, and pro6 bative evidence; and

7 ‘‘(E) the final order of deportation is not

8 adjudicated by the same person who issued

9 such order.’’.

10 (2) LIMITED JUDICIAL REVIEW.—Section 106

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

12 1105a) is amended—

13 (A) in the first sentence of subsection (a),

14 by inserting ‘‘or pursuant to section 242A’’

15 after ‘‘under section 242(b)’’;

16 (B) in subsection (a)(1) and subsection

17 (a)(3), by inserting ‘‘(including an alien de18 scribed in section 242A)’’ after ‘‘aggravated fel19 ony’’; and

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

21 subsection:

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 (3) TECHNICAL AMENDMENTS.—Section 242A

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

5 1252a) is amended—

6 (A) in subsection (a)—

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

8 and inserting the following:

9 ‘‘(b) DEPORTATION OF PERMANENT RESIDENT

10 ALIENS.—

11 ‘‘(1) IN GENERAL.—’’; and

12 (ii) by inserting in the first sentence

13 ‘‘permanent resident’’ after ‘‘correctional

14 facilities for’’;

15 (B) in subsection (b)—

16 (i) by striking ‘‘(b) IMPLEMENTA17 TION.—’’ and inserting ‘‘(2) IMPLEMENTA18 TION.—’’; and

19 (ii) by striking ‘‘respect to an’’ and

20 inserting ‘‘respect to a permanent resi21 dent’’;

22 (C) by striking subsection (c);

23 (D) in subsection (d)—
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1 (i) by striking ‘‘(d) EXPEDITED PRO2 CEEDINGS.—(1)’’ and inserting ‘‘(3) EX3 PEDITED PROCEEDINGS.—(A)’’;

4 (ii) by inserting ‘‘permanent resident’’

5 after ‘‘in the case of any’’; and

6 (iii) by striking ‘‘(2)’’ and inserting

7 ‘‘(B)’’;

8 (E) in subsection (e)—

9 (i) by striking ‘‘(e) REVIEW.—(1)’’

10 and inserting ‘‘(4) REVIEW.—(A)’’;

11 (ii) by striking the second sentence;

12 and

13 (iii) by striking ‘‘(2)’’ and inserting

14 ‘‘(B)’’;

15 (F) by redesignating subsection (f), as

16 added by paragraph (1) of this subsection, as

17 subsection (c);

18 (G) by inserting after the section heading

19 the following new subsection:

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

21 convicted of an aggravated felony shall be deportable from

22 the United States.’’; and

23 (H) by amending the section heading to

24 read as follows:
24

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1 ‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

2 COMMITTING AGGRAVATED FELONIES’’.

3 (4) EFFECTIVE DATE.—The amendments made

4 by this subsection shall apply to all aliens against

5 whom deportation proceedings are initiated after the

6 date of enactment of this Act.

7 (c) JUDICIAL DEPORTATION.—

8 (1) JUDICIAL DEPORTATION.—Section 242A of

9 the Immigration and Nationality Act (8 U.S.C.

10 1252a) is amended by adding at the end the follow11 ing new subsection:

12 ‘‘(d) JUDICIAL DEPORTATION.—

13 ‘‘(1) AUTHORITY.—Notwithstanding any other

14 provision of this Act, a United States district court

15 shall have jurisdiction to enter a judicial order of de16 portation at the time of sentencing against an alien

17 whose criminal conviction causes such alien to be de18 portable under section 241(a)(2)(A)(iii) (relating to

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

20 has been requested prior to sentencing by the United

21 States Attorney with the concurrence of the Com22 missioner.

23 ‘‘(2) PROCEDURE.—

24 ‘‘(A) The United States Attorney shall pro25 vide notice of intent to request judicial deporta-
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1 tion promptly after the entry in the record of

2 an adjudication of guilt or guilty plea. Such no3 tice shall be provided to the court, to the Serv4 ice, to the alien, and to the alien’s counsel of

5 record.

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

7 United States Attorney, with the concurrence of

8 the Commissioner, shall file at least 20 days

9 prior to the date set for sentencing a charge

10 containing factual allegations regarding the

11 alienage of the defendant and satisfaction by

12 the defendant of the definition of aggravated

13 felony.

14 ‘‘(C) If the court determines that the de15 fendant has presented substantial evidence to

16 establish prima facie eligibility for relief from

17 deportation under section 212(c), the Commis18 sioner shall provide the court with a rec19 ommendation and report regarding the alien’s

20 eligibility for relief under such section. The

21 court shall either grant or deny the relief

22 sought.

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

24 opportunity to examine the evidence against

25 him or her, to present evidence on his or her
26

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1 own behalf, and to cross-examine witnesses pre2 sented by the Government.

3 ‘‘(ii) The court, for the purposes of deter4 mining whether to enter an order described in

5 paragraph (1), shall only consider evidence that

6 would be admissible in proceedings conducted

7 pursuant to section 242(b).

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

9 the information a court of the United States

10 may receive or consider for the purposes of im11 posing an appropriate sentence.

12 ‘‘(iv) The court may order the alien de13 ported if the Attorney General demonstrates by

14 clear and convincing evidence that the alien is

15 deportable under this Act.

16 ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU17 DICIAL ORDER OF DEPORTATION.—

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

19 denial of such order may be appealed by either

20 party to the court of appeals for the circuit in

21 which the district court is located.

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

23 such appeal shall be considered consistent with

24 the requirements described in section 106.
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1 ‘‘(iii) Upon execution by the defendant of

2 a valid waiver of the right to appeal the convic3 tion on which the order of deportation is based,

4 the expiration of the period described in section

5 106(a)(1), or the final dismissal of an appeal

6 from such conviction, the order of deportation

7 shall become final and shall be executed at the

8 end of the prison term in accordance with the

9 terms of the order. If the conviction is reversed

10 on direct appeal, the order entered pursuant to

11 this section shall be void.

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

13 of a judicial order of deportation, the Commis14 sioner shall provide the defendant with written

15 notice of the order or deportation, which shall

16 designate the defendant’s country of choice for

17 deportation and any alternate country pursuant

18 to section 243(a).

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

20 request for a judicial order of deportation shall not

21 preclude the Attorney General from initiating depor22 tation proceedings pursuant to section 242 upon the

23 same ground of deportability or upon any other

24 ground of deportability provided under section

25 241(a).’’.
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1 (2) TECHNICAL AMENDMENT.—The ninth sen2 tence of section 242(b) of the Immigration and Na3 tionality Act (8 U.S.C. 1252(b)) is amended by

4 striking ‘‘The’’ and inserting ‘‘Except as provided in

5 section 242A(d), the’’.

6 (3) RULE OF CONSTRUCTION.—Nothing in this

7 subsection may be construed to alter the privilege of

8 being represented at no expense to the Government

9 set forth in section 292 of the Immigration and Na10 tionality Act.

11 (4) EFFECTIVE DATE.—The amendments made

12 by this section shall apply to all aliens whose adju13 dication of guilt or guilty plea is entered in the

14 record after the date of enactment of this Act.

15 (d) RESTRICTING DEFENSES TO DEPORTATION FOR

16 CERTAIN CRIMINAL ALIENS.—

17 (1) DEFENSES BASED ON SEVEN YEARS OF

18 PERMANENT RESIDENCE.—The last sentence of sec19 tion 212(c) of the Immigration and Nationality Act

20 (8 U.S.C. 1182(c)) is amended by striking ‘‘has

21 served for such felony or felonies’’ and all that fol22 lows through the period and inserting ‘‘has been sen23 tenced for such felony or felonies to a term of im24 prisonment of at least 5 years, if the time for ap25 pealing such conviction or sentence has expired and
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1 the sentence has become final. For purposes of this

2 section, the term ‘sentence’ does not include a sen3 tence the execution of which was suspended in its

4 entirety.’’.

5 (2) DEFENSES BASED ON WITHHOLDING OF

6 DEPORTATION.—Section 243(h)(2) of the Immigra7 tion and Nationality Act (8 U.S.C. 1253(h)(2)) is

8 amended—

9 (A) by striking the final sentence and in10 serting the following new subparagraph:

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

13 (B) by striking ‘‘or’’ at the end of subpara14 graph (C) and inserting ‘‘or’’ at the end of sub15 paragraph (D).

16 (e) ENHANCING PENALTIES FOR FAILING TO DE17 PART, OR REENTERING, AFTER FINAL ORDER OF DEPOR18 TATION.—

19 (1) FAILURE TO DEPART.—Section 242(e) of

20 the Immigration and Nationality Act (8 U.S.C.

21 1252(e)) is amended—

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

23 of’’ the first time it appears; and

24 (B) by striking ‘‘shall be imprisoned not

25 more than ten years’’ and inserting ‘‘shall be
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1 imprisoned not more than four years, or shall

2 be imprisoned not more than ten years if the

3 alien is a member of any of the classes de4 scribed in paragraph (1)(E), (2), (3), or (4) of

5 section 241(a).’’.

6 (2) REENTRY.—Section 276(b) of the Immigra7 tion and Nationality Act (8 U.S.C. 1326(b)) is

8 amended—

9 (A) in paragraph (1)—

10 (i) by inserting after ‘‘commission of’’

11 the following: ‘‘three or more misdemean12 ors involving drugs, crimes against the per13 son, or both, or’’; and

14 (ii) by striking ‘‘5’’ and inserting

15 ‘‘10’’;

16 (B) in paragraph (2), by striking ‘‘15’’ and

17 inserting ‘‘20’’; and

18 (C) by adding at the end the following sen19 tence:

20 ‘‘For the purposes of this subsection, the term ‘deporta21 tion’ includes any agreement in which an alien stipulates

22 to deportation during a criminal trial under either Federal

23 or State law.’’.

24 (3) COLLATERAL ATTACKS ON UNDERLYING

25 DEPORTATION ORDER.—Section 276 of the Immi-
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1 gration and Nationality Act (8 U.S.C. 1326) is

2 amended by adding after subsection (b) the following

3 new subsection:

4 ‘‘(c) In a criminal proceeding under this section, an

5 alien may not challenge the validity of the deportation

6 order described in subsection (a)(1) or subsection (b) un7 less the alien demonstrates that—

8 ‘‘(1) the alien exhausted any administrative

9 remedies that may have been available to seek relief

10 against the order;

11 ‘‘(2) the deportation proceedings at which the

12 order was issued improperly deprived the alien of the

13 opportunity for judicial review; and

14 ‘‘(3) the entry of the order was fundamentally

15 unfair.’’.

16 (f) CRIMINAL ALIEN TRACKING CENTER.—

17 (1) OPERATION.—The Attorney General shall,

18 under the authority of section 242(a)(3)(A) of the

19 Immigration and Nationality Act (8 U.S.C.

20 1252(a)(3)(A)), operate a criminal alien tracking

21 center.

22 (2) PURPOSE.—The criminal alien tracking cen23 ter shall be used to assist Federal, State, and local

24 law enforcement agencies in identifying and locating
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1 aliens who may be subject to deportation by reason

2 of their conviction of aggravated felonies.

3 (3) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated to carry out

5 this section $2,000,000 for fiscal year 1995 and

6 $6,000,000 for each of fiscal years 1996, 1997,

7 1998, and 1999.

8 (g) MISCELLANEOUS AND TECHNICAL CHANGES.—

9 (1) FORM OF DEPORTATION HEARINGS.—The

10 second sentence of section 242(b) of the Immigra11 tion and Nationality Act (8 U.S.C. 1252(b)) is

12 amended by inserting before the period the follow13 ing: ‘‘; except that nothing in this subsection shall

14 preclude the Attorney General from authorizing pro15 ceedings by electronic or telephonic media, in the

16 discretion of the special inquiry officer, or, where

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

18 of the alien.’’.

19 (2) CONSTRUCTION OF EXPEDITED DEPORTA20 TION REQUIREMENTS.—No amendment made by

21 this Act and nothing in section 242(i) of the Immi22 gration and Nationality Act (8 U.S.C. 1252(i)) shall

23 be construed to create any substantive or procedural

24 right or benefit that is legally enforceable by any
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1 party against the United States or its agencies or of2 ficers or any other person.

3 (3) AMENDMENT OF THE VIOLENT CRIME CON4 TROL AND LAW ENFORCEMENT ACT OF 1994.—Sec5 tions 130001, 130002, and 130004 of the Violent

6 Crime Control and Law Enforcement Act of 1994

7 and the amendments made by those sections are re8 pealed effective as of the date of enactment of this

9 Act.

10 SEC. 11. FLEXIBILITY IN APPLICATION OF MANDATORY

11 MINIMUM SENTENCE PROVISIONS IN CER12 TAIN CIRCUMSTANCES.

13 (a) AMENDMENT OF TITLE 18, UNITED STATES

14 CODE.—Section 3553 of title 18, United States Code, is

15 amended by adding at the end the following new sub16 section:

17 ‘‘(f) MANDATORY MINIMUM SENTENCE PROVI18 SIONS.—

19 ‘‘(1) SENTENCING UNDER THIS SECTION.—In

20 the case of an offense described in paragraph (2),

21 the court shall, notwithstanding the requirement of

22 a mandatory minimum sentence in that section, im23 pose a sentence in accordance with this section and

24 the sentencing guidelines and any pertinent policy
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1 statement issued by the United States Sentencing

2 Commission.

3 ‘‘(2) OFFENSES.—An offense is described in

4 this paragraph if—

5 ‘‘(A) the defendant is subject to a manda6 tory minimum term of imprisonment under sec7 tion 401 or 402 of the Controlled Substances

8 Act (21 U.S.C. 841 and 844) or section 1010

9 of the Controlled Substances Import and Ex10 port Act (21 U.S.C. 960);

11 ‘‘(B) the defendant does not have—

12 ‘‘(i) more than criminal history point

13 under the sentencing guidelines; or

14 ‘‘(ii) any prior conviction, foreign or

15 domestic, for a crime of violence against

16 the person or drug trafficking offense that

17 resulted in a sentence of imprisonment (or

18 an adjudication as a juvenile delinquent for

19 an act that, if committed by an adult,

20 would constitute a crime of violence

21 against the person or drug trafficking of22 fense;

23 ‘‘(C) the offense did not result in death or

24 serious bodily injury (as defined in section

25 1365) to any person—
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1 ‘‘(i) as a result of the act of any per2 son during the course of the offense; or

3 ‘‘(ii) as a result of the use by any per4 son of a controlled substance that was in5 volved in the offense;

6 ‘‘(D) the defendant did not carry or other7 wise have possession of a firearm (as defined in

8 section 921) or other dangerous weapon during

9 the course of the offense and did not direct an10 other person who possessed a firearm to do so

11 and the defendant had no knowledge of any

12 other conspirator involved possessing a firearm;

13 ‘‘(E) the defendant was not an organizer,

14 leader, manager, or supervisor of others (as de15 fined or determined under the sentencing guide16 lines) in the offense;

17 ‘‘(F) the defendant was nonviolent in that

18 the defendant did not use, attempt to use, or

19 make a credible threat to use physical force

20 against the person of another during the course

21 of the offense;

22 ‘‘(G) the defendant did not own the drugs,

23 finance any part of the offense or sell the

24 drugs; and
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1 ‘‘(H) the Government certifies that the de2 fendant has timely and truthfully provided to

3 the Government all information and evidence

4 the defendant has concerning the offense or of5 fenses that were part of the same course of con6 duct or of a common scheme or plan.’’.

7 (b) HARMONIZATION.—

8 (1) IN GENERAL.—The United States Sentenc9 ing Commission—

10 (A) may make such amendments as it

11 deems necessary and appropriate to harmonize

12 the sentencing guidelines and policy statements

13 with section 3553(f) of title 18, United States

14 Code, as added by subsection (a), and promul15 gate policy statements to assist the courts in in16 terpreting that provision; and

17 (B) shall amend the sentencing guidelines,

18 if necessary, to assign to an offense under sec19 tion 401 or 402 of the Controlled Substances

20 Act (21 U.S.C. 841 and 844) or section 1010

21 of the Controlled Substances Import and Ex22 port Act (21 U.S.C. 960) to which a mandatory

23 minimum term of imprisonment applies a

24 guideline level that will result in the imposition

25 of a term of imprisonment at least equal to the
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1 mandatory term of imprisonment that is cur2 rently applicable unless a downward adjustment

3 is authorized under section 3553(f) of title 18,

4 United States Code, as added by subsection (a).

5 (2) EMERGENCY AMENDMENTS.—If the Com6 mission determines that an expedited procedure is

7 necessary in order for amendments made pursuant

8 to paragraph (1) to become effective on the effective

9 date specified in subsection (c), the Commission may

10 promulgate such amendments as emergency amend11 ments under the procedures set forth in section

12 21(a) of the Sentencing Act of 1987 (Public Law

13 100–182; 101 Stat. 1271), as though the authority

14 under that section had not expired.

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

16 subsection (a) and any amendments to the sentencing

17 guidelines made by the United States Sentencing Commis18 sion pursuant to subsection (b) shall apply with respect

19 to sentences imposed for offenses committed on or after

20 the date that is 60 days after the date of enactment of

21 this Act. Notwithstanding any other law, a defendant who

22 has been sentenced pursuant to section 3553(f) who is

23 subsequently convicted of a violation of the Controlled

24 Substances Act, or of a crime of violence for which imposi25 tion of a mandatory minimum term of imprisonment is
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1 required, shall be sentenced to an additional 5 years’ im2 prisonment.

3 (d) REPEAL OF TITLE VIII OF VIOLENT CRIME CON4 TROL AND LAW ENFORCEMENT ACT OF 1994.—Title VIII

5 of Violent Crime Control and Law Enforcement Act of

6 1994 and the amendment made by that title are repealed

7 effective as of the effective date specified in subsection (c).

8 SEC. 12. EQUITABLE DISTRIBUTION OF DISCRETIONARY

9 GRANTS.

10 It is the sense of the Congress that all grants author11 ized under the Violent Crime Control and Law Enforce12 ment Act of 1994 and not required to be distributed ac13 cording to a formula prescribed by law shall be distributed

14 in a fair and equitable manner that ensures that rural

15 States receive a fair and proportional share of the funds.

Æ

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