I 

104TH CONGRESS 

1ST SESSION H. R. 3 

To control crime. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 1995 

Mr. MCCOLLUM, Mr. CANADY, Mr. BARR, and Mr. BREWSTER (for themselves, Mr. ALLARD, Mr. ARMEY, Mr. BACHUS, Mr. BAKER of California, 

Mr. BALLENGER, Mr. BARTLETT of Maryland, Mr. BARTON of Texas, 

Mr. BILIRAKIS, Mr. BLILEY, Mr. BLUTE, Mr. BONO, Mr. BUNNING of 

Kentucky, Mr. BURR, Mr. CALLAHAN, Mr. CALVERT, Mr. CAMP, Mr. 

CHRISTENSEN, Mr. CHRYSLER, Mr. CLINGER, Mr. COBURN, Mr. 

COOLEY, Mr. CREMEANS, Mrs. CUBIN, Mr. DAVIS, Mr. DOOLITTLE, Mr. 

DORNAN, Ms. DUNN, Mr. ENGLISH of Pennsylvania, Mr. EMERSON, Mr. 

EWING, Mr. EVERETT, Mr. FLANAGAN, Mr. FOLEY, Mr. FORBES, Mrs. 

FOWLER, Mr. FOX, Mr. FRISA, Mr. GANSKE, Mr. GILCHREST, Mr. GILMAN, Mr. GOODLATTE, Mr. GORDON, Mr. GOSS, Mr. GREENWOOD, Mr. 

HANCOCK, Mr. HASTERT, Mr. HASTINGS of Washington, Mr. 

HAYWORTH, Mr. HEINEMAN, Mr. HERGER, Mr. HILLEARY, Mr. HOBSON, 

Mr. HOKE, Mr. HOSTETTLER, Mr. HUTCHINSON, Mr. INGLIS of South 

Carolina, Mr. ISTOOK, Mr. JONES, Mr. KIM, Mr. KINGSTON, Mr. 

KNOLLENBERG, Mr. LAHOOD, Mr. LARGENT, Mr. LATHAM, Mr. 

LATOURETTE, Mr. LEWIS of Kentucky, Mr. LIGHTFOOT, Mr. LINDER, 

Mr. MCHUGH, Mr. MCINTOSH, Mr. MICA, Mr. MILLER of Florida, Ms. 

MOLINARI, Mrs. MYRICK, Mr. NUSSLE, Mr. OXLEY, Mr. PACKARD, Mr. 

POMBO, Mr. QUINN, Mr. RADANOVICH, Mr. RIGGS, Mr. ROHRABACHER, 

Mr. ROTH, Mr. ROYCE, Mr. SAXTON, Mr. SENSENBRENNER, Mr. SHADEGG, Mr. SHAW, Mr. SMITH of Michigan, Mr. SMITH of Texas, Mr. SOLOMON, Mr. STEARNS, Mr. STOCKMAN, Mr. STUMP, Mr. TATE, Mr. TAYLOR of North Carolina, Mr. THORNBERRY, Mr. TIAHRT, Mrs. WALDHOLTZ, Mr. WAMP, Mr. WELDON of Pennsylvania, Mr. WELLER, Mr. 

WICKER, Mr. ZIMMER, Mr. CRAPO, Mr. KOLBE, Mr. PAXON, Mr. YOUNG

of Florida, Mr. WELDON of Florida, Mr. COMBEST, Mr. COBLE, Mr. 

EHRLICH, Mrs. MEYERS of Kansas, and Mr. HUNTER) introduced the 

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

FEBRUARY 7, 1995 

Additional sponsors: Mr. NORWOOD, Mr. BURTON of Indiana, Mr. MOORHEAD, Mr. CUNNINGHAM, Mrs. VUCANOVICH, Mr. WALKER, Mr. SAM

JOHNSON of Texas, Mr. CONDIT, Mr. COLLINS of Georgia, Mr. ROBERTS, 


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Mr. BRYANT of Tennessee, Mr. TALENT, and Mr. PETERSON of Minnesota 

A BILL 

To control 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; TABLE OF CONTENTS. 

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

5 ‘‘Taking Back Our Streets Act of 1995’’. 

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

7 as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—EFFECTIVE DEATH PENALTY 

Subtitle A—Habeas Corpus Reform 

CHAPTER 1—POST CONVICTION PETITIONS: GENERAL HABEAS CORPUS

REFORM

Sec. 101. Period of limitation for filing writ of habeas corpus following final 

judgment of a State court. 

Sec. 102. Authority of appellate judges to issue certificates of probable cause 

for appeal in habeas corpus and Federal collateral relief proceedings. 

Sec. 103. Conforming amendment to the rules of appellate procedure. 

Sec. 104. Discretion to deny habeas corpus application despite failure to exhaust State remedies. 

Sec. 105. Period of limitation for Federal prisoners filing for collateral remedy. 

CHAPTER 2—SPECIAL PROCEDURES FOR COLLATERAL PROCEEDINGS IN

CAPITAL CASES

Sec. 106. Death penalty litigation procedures. 

CHAPTER 3—FUNDING FOR LITIGATION OF FEDERAL HABEAS CORPUS

PETITIONS IN CAPITAL CASES

Sec. 107. Funding for death penalty prosecutions. 

Subtitle B—Federal Death Penalty Procedures Reform 


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Sec. 111. Federal death penalty procedures reform. 

TITLE II—DETERRING GUN CRIMES 

Sec. 201. Mandatory prison terms for use, possession, or carrying of a firearm 

or destructive device during a State crime of violence or State 

drug trafficking crime. 

TITLE III—MANDATORY VICTIM RESTITUTION 

Sec. 301. Mandatory restitution and other provisions. 

TITLE IV—LAW ENFORCEMENT BLOCK GRANTS 

Sec. 401. Block grant program. 

TITLE V—TRUTH IN SENTENCING GRANTS 

Sec. 501. Truth in sentencing grant program. 

TITLE VI—EXCLUSIONARY RULE REFORM 

Sec. 601. Admissibility of certain evidence. 

TITLE VII—STOPPING ABUSIVE PRISONER LAWSUITS 

Sec. 701. Exhaustion requirement. 

Sec. 702. Frivolous actions. 

Sec. 703. Modification of required minimum standards. 

Sec. 704. Proceedings in forma pauperis. 

TITLE VIII—FURTHER STREAMLINING DEPORTATION OF 

CRIMINAL ALIENS 

Sec. 801. Additional expansion of definition of aggravated felony. 

Sec. 802. Deportation procedures for certain criminal aliens who are not permanent residents. 

Sec. 803. Restricting defenses to deportation for certain criminal aliens. 

Sec. 804. Limitation on collateral attacks on underlying deportation order. 

Sec. 805. Criminal alien tracking center. 

Sec. 806. Miscellaneous provisions. 

Sec. 807. Construction of expedited deportation requirements. 

TITLE IX—AMENDMENTS TO VIOLENT CRIME CONTROL AND 

LAW ENFORCEMENT ACT 

Sec. 901. Deletion or replacement of programs. 


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1 TITLE I—EFFECTIVE DEATH 

2 PENALTY 

3 Subtitle A—Habeas Corpus Reform 

4 CHAPTER 1—POST CONVICTION PETI5 TIONS: GENERAL HABEAS CORPUS RE6 FORM 

7 SEC. 101. PERIOD OF LIMITATION FOR FILING WRIT OF 

8 HABEAS CORPUS FOLLOWING FINAL JUDG9 MENT OF A STATE COURT. 

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

11 amended by adding at the end the following: 

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

13 application for a writ of habeas corpus by a person in cus14 tody pursuant to the judgment of a State court. The limi15 tation period shall run from the latest of the following 

16 times: 

17 ‘‘(1) The time at which State remedies are ex18 hausted. 

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

20 an application created by State action in violation of 

21 the Constitution or laws of the United States is re22 moved, where the applicant was prevented from fil23 ing by such State action. 

24 ‘‘(3) The time at which the Federal right as25 serted was initially recognized by the Supreme 


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1 Court, where the right has been newly recognized by 

2 the Court and is retroactively applicable. 

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

4 the claim or claims presented could have been dis5 covered through the exercise of reasonable dili6 gence.’’. 

7 SEC. 102. AUTHORITY OF APPELLATE JUDGES TO ISSUE 

8 CERTIFICATES OF PROBABLE CAUSE FOR 

9 APPEAL IN HABEAS CORPUS AND FEDERAL 

10 COLLATERAL RELIEF PROCEEDINGS. 

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

12 amended to read as follows: 

13 ‘‘§ 2253. Appeal 

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

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

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

17 by the court of appeals for the circuit where the pro18 ceeding is had. 

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

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

21 remove, to another district or place for commitment or 

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

23 United States, or to test the validity of his detention pend24 ing removal proceedings. 


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1 ‘‘(c) An appeal may not be taken to the court of ap2 peals from the final order in a habeas corpus proceeding 

3 where the detention complained of arises out of process 

4 issued by a State court, or from the final order in a pro5 ceeding under section 2255 of this title, unless a circuit 

6 justice or judge issues a certificate of probable cause. A 

7 certificate of probable cause may only issue if the peti8 tioner has made a substantial showing of the denial of a 

9 Federal right. The certificate of probable cause must indi10 cate which specific issue or issues satisfy this standard.’’. 

11 SEC. 103. CONFORMING AMENDMENT TO THE RULES OF 

12 APPELLATE PROCEDURE. 

13 Federal Rule of Appellate Procedure 22 is amended 

14 to read as follows: 

15 ‘‘RULE 22 

16 ‘‘HABEAS CORPUS AND SECTION 2255 PROCEEDINGS

17 ‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA18 BEAS CORPUS.—An application for a writ of habeas cor19 pus shall be made to the appropriate district court. If ap20 plication is made to a circuit judge, the application will 

21 ordinarily be transferred to the appropriate district court. 

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

23 court and denied, renewal of the application before a cir24 cuit judge is not favored; the proper remedy is by appeal 


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

2 denying the writ. 

3 ‘‘(b) NECESSITY OF CERTIFICATE OF PROBABLE

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

5 which the detention complained of arises out of process 

6 issued by a State court, and in a motion proceeding pursu7 ant to section 2255 of title 28, United States Code, an 

8 appeal by the applicant or movant may not proceed unless 

9 a circuit judge issues a certificate of probable cause. If 

10 a request for a certificate of probable cause is addressed 

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

12 the judges thereof and shall be considered by a circuit 

13 judge or judges as the court deems appropriate. If no ex14 press request for a certificate is filed, the notice of appeal 

15 shall be deemed to constitute a request addressed to the 

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

17 a State or the Government or its representative, a certifi18 cate of probable cause is not required.’’. 

19 SEC. 104. DISCRETION TO DENY HABEAS CORPUS APPLICA20 TION DESPITE FAILURE TO EXHAUST STATE 

21 REMEDIES. 

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

23 amended to read as follows: 

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

25 behalf of a person in custody pursuant to the judgment 


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

2 that the applicant has exhausted the remedies available 

3 in the courts of the State, or that there is either an ab4 sence of available State corrective process or the existence 

5 of circumstances rendering such process ineffective to pro6 tect the rights of the applicant. An application may be 

7 denied on the merits notwithstanding the failure of the 

8 applicant to exhaust the remedies available in the courts 

9 of the State.’’. 

10 SEC. 105. PERIOD OF LIMITATION FOR FEDERAL PRIS11 ONERS FILING FOR COLLATERAL REMEDY. 

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

13 amended by striking the second paragraph and the penul14 timate paragraph thereof, and by adding at the end the 

15 following new paragraphs: 

16 ‘‘A two-year period of limitation shall apply to a mo17 tion under this section. The limitation period shall run 

18 from the latest of the following times: 

19 ‘‘(1) The time at which the judgment of convic20 tion becomes final. 

21 ‘‘(2) The time at which the impediment to mak22 ing a motion created by governmental action in vio23 lation of the Constitution or laws of the United 

24 States is removed, where the movant was prevented 

25 from making a motion by such governmental action. 


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

2 initially recognized by the Supreme Court, where the 

3 right has been newly recognized by the Court and is 

4 retroactively applicable. 

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

6 the claim or claims presented could have been dis7 covered through the exercise of reasonable dili8 gence.’’. 

9 CHAPTER 2—SPECIAL PROCEDURES FOR 

10 COLLATERAL PROCEEDINGS IN CAP11 ITAL CASES 

12 SEC. 106. DEATH PENALTY LITIGATION PROCEDURES. 

13 (a) IN GENERAL.—Title 28, United States Code, is 

14 amended by inserting the following new chapter after 

15 chapter 153: 

16 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS 

17 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. Certificate of probable cause inapplicable. 

‘‘2260. Application to State unitary review procedures. 

‘‘2261. Limitation periods for determining petitions. 

‘‘2262. Rule of construction. 


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1 ‘‘§ 2256. Prisoners in State custody subject to capital 

2 sentence; appointment of counsel; re3 quirement of rule of court or statute; pro4 cedures for appointment 

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

6 section 2254 brought by prisoners in State custody who 

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

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

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

10 by rule of its court of last resort or by statute a mecha11 nism for the appointment, compensation and payment of 

12 reasonable litigation expenses of competent counsel in 

13 State postconviction proceedings brought by indigent pris14 oners whose capital convictions and sentences have been 

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

16 State or have otherwise become final for State law pur17 poses. The rule of court or statute must provide standards 

18 of competency for the appointment of such counsel. 

19 ‘‘(c) Any mechanism for the appointment, compensa20 tion and reimbursement of counsel as provided in sub21 section (b) must offer counsel to all State prisoners under 

22 capital sentence and must provide for the entry of an 

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

24 counsel to represent the prisoner upon a finding that the 

25 prisoner is indigent and accepted the offer or is unable 

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


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

2 rejected the offer of counsel and made the decision with 

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

4 the appointment of counsel upon a finding that the pris5 oner is not indigent. 

6 ‘‘(d) No counsel appointed pursuant to subsections 

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

8 sentence shall have previously represented the prisoner at 

9 trial or on direct appeal in the case for which the appoint10 ment is made unless the prisoner and counsel expressly 

11 request continued representation. 

12 ‘‘(e) The ineffectiveness or incompetence of counsel 

13 during State or Federal collateral postconviction pro14 ceedings in a capital case shall not be a ground for relief 

15 in a proceeding arising under section 2254 of this chapter. 

16 This limitation shall not preclude the appointment of dif17 ferent counsel, on the court’s own motion or at the request 

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

19 postconviction proceedings on the basis of the ineffective20 ness or incompetence of counsel in such proceedings. 

21 ‘‘§ 2257. Mandatory stay of execution; duration; limits 

22 on stays of execution; successive peti23 tions 

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

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


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1 or order setting an execution date for a State prisoner 

2 shall be stayed upon application to any court that would 

3 have jurisdiction over any proceedings filed under section 

4 2254. The application must recite that the State has in5 voked the postconviction review procedures of this chapter 

6 and that the scheduled execution is subject to stay. 

7 ‘‘(b) A stay of execution granted pursuant to sub8 section (a) shall expire if— 

9 ‘‘(1) a State prisoner fails to file a habeas cor10 pus petition under section 2254 within the time re11 quired in section 2258, or fails to make a timely ap12 plication for court of appeals review following the de13 nial of such a petition by a district court; 

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

15 of appeals review under section 2254 the petition for 

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

17 for certiorari has expired and no petition has been 

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

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

20 a timely petition for certiorari was filed and upon 

21 consideration of the case, the Supreme Court dis22 posed of it in a manner that left the capital sentence 

23 undisturbed; or 

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

25 the presence of counsel and after having been adVerDate Aug 31 2005 08:57 Feb 22, 2008 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\PICKUP\H3.IH H3

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1 vised of the consequences of his decision, a State 

2 prisoner under capital sentence waives the right to 

3 pursue habeas corpus review under section 2254. 

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

5 occurred, no Federal court thereafter shall have the au6 thority to enter a stay of execution or grant relief in a 

7 capital case unless— 

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

9 is a claim not previously presented in the State or 

10 Federal courts; 

11 ‘‘(2) the failure to raise the claim is (A) the re12 sult of State action in violation of the Constitution 

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

14 Supreme Court recognition of a new Federal right 

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

16 factual predicate that could not have been discovered 

17 through the exercise of reasonable diligence in time 

18 to present the claim for State or Federal 

19 postconviction review; and 

20 ‘‘(3) the facts underlying the claim would be 

21 sufficient to establish by clear and convincing evi22 dence that but for constitutional error, no reasonable 

23 fact finder would have found the petitioner guilty of 

24 the underlying offense or eligible for the death pen25 alty under State law. 


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1 ‘‘(d) Notwithstanding any other provision of law, no 

2 Federal district court or appellate judge shall have the au3 thority to enter a stay of execution, issue injunctive relief, 

4 or grant any equitable or other relief in a capital case on 

5 any successive habeas petition (or other action which fol6 lows the final determination of a first habeas corpus peti7 tion) unless the court first determines the petition or other 

8 action does not constitute an abuse of the writ. This deter9 mination shall be made only by the district judge or appel10 late panel who adjudicated the merits of the original ha11 beas petition (or to the district judge or appellate panel 

12 to which the case may have been subsequently assigned 

13 as a result of the unavailability of the original court or 

14 judges). In the Federal courts of appeal, a stay may issue 

15 pursuant to the terms of this provision only when a major16 ity of the original panel or majority of the active judges 

17 determines the petition does not constitute an abuse of 

18 the writ. 

19 ‘‘§ 2258. Filing of habeas corpus petition; time re20 quirements; tolling rules 

21 ‘‘Any petition for habeas corpus relief under section 

22 2254 must be filed in the appropriate district court within 

23 one hundred and eighty days from the filing in the appro24 priate State court of record of an order under section 


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1 2256(c). The time requirements established by this section 

2 shall be tolled— 

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

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

5 disposition of the petition if a State prisoner files 

6 the petition to secure review by the Supreme Court 

7 of the affirmance of a capital sentence on direct re8 view by the court of last resort of the State or other 

9 final State court decision on direct review; 

10 ‘‘(2) during any period in which a State pris11 oner under capital sentence has a properly filed re12 quest for postconviction review pending before a 

13 State court of competent jurisdiction; if all State fil14 ing rules are met in a timely manner, this period 

15 shall run continuously from the date that the State 

16 prisoner initially files for postconviction review until 

17 final disposition of the case by the highest court of 

18 the State, but the time requirements established by 

19 this section are not tolled during the pendency of a 

20 petition for certiorari before the Supreme Court ex21 cept as provided in paragraph (1); and 

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

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

24 is filed in the Federal district court that would have 

25 proper jurisdiction over the case upon the filing of 


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1 a habeas corpus petition under section 2254; and 

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

3 to file the habeas corpus petition within the time pe4 riod established by this section. 

5 ‘‘§ 2259. Certificate of probable cause inapplicable 

6 ‘‘The requirement of a certificate of probable cause 

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

8 appeals does not apply to habeas corpus cases subject to 

9 the provisions of this chapter except when a second or suc10 cessive petition is filed. 

11 ‘‘§ 2260. Application to State unitary review proce12 dure 

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

14 procedure means a State procedure that authorizes a per15 son under sentence of death to raise, in the course of di16 rect review of the judgment, such claims as could be raised 

17 on collateral attack. The provisions of this chapter shall 

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

19 unitary review procedure if the State establishes by rule 

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

21 the appointment, compensation and payment of reasonable 

22 litigation expenses of competent counsel in the unitary re23 view proceedings, including expenses relating to the litiga24 tion of collateral claims in the proceedings. The rule of 


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1 court or statute must provide standards of competency for 

2 the appointment of such counsel. 

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

4 section, must include an offer of counsel following trial 

5 for the purpose of representation on unitary review, and 

6 entry of an order, as provided in section 2256(c), con7 cerning appointment of counsel or waiver or denial of ap8 pointment of counsel for that purpose. No counsel ap9 pointed to represent the prisoner in the unitary review 

10 proceedings shall have previously represented the prisoner 

11 at trial in the case for which the appointment is made 

12 unless the prisoner and counsel expressly request contin13 ued representation. 

14 ‘‘(c) Sections 2257, 2258, 2259, and 2261 shall apply 

15 in relation to cases involving a sentence of death from any 

16 State having a unitary review procedure that qualifies 

17 under this section. References to State ‘post-conviction re18 view’ and ‘direct review’ in those sections shall be under19 stood as referring to unitary review under the State proce20 dure. The references in sections 2257(a) and 2258 to ‘an 

21 order under section 2256(c)’ shall be understood as refer22 ring to the post-trial order under subsection (b) con23 cerning representation in the unitary review proceedings, 

24 but if a transcript of the trial proceedings is unavailable 

25 at the time of the filing of such an order in the appropriate 


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1 State court, then the start of the one hundred and eighty 

2 day limitation period under section 2258 shall be deferred 

3 until a transcript is made available to the prisoner or his 

4 counsel. 

5 ‘‘§ 2261. Limitation periods for determining petitions 

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

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

8 on an evidentiary hearing, or where no evidentiary hearing 

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

10 the case. 

11 ‘‘(2)(A) The court of appeals shall determine any ap12 peal relating to such a petition or motion within 90 days 

13 after the filing of any reply brief or within 90 days after 

14 such reply brief would be due. For purposes of this provi15 sion, any reply brief shall be due within 14 days of the 

16 opposition brief. 

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

18 for rehearing and or request by an appropriate judge for 

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

20 petition or request unless a responsive pleading is required 

21 in which case the court of appeals shall decide the applica22 tion within 20 days of the filing of the responsive pleading. 

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

24 determine the appeal within 90 days of the decision to 

25 grant such consideration. 


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

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

3 an express good cause finding by the court that the inter4 ests of justice warrant such a one-time extension. The spe5 cific grounds for the good cause finding shall be set forth 

6 in writing in any extension order of the court. 

7 ‘‘(b) The time limitations under subsection (a) shall 

8 apply to an initial petition or motion, and to any second 

9 or successive petition or motion. The same limitations 

10 shall also apply to the re-determination of a petition or 

11 motion or related appeal following a remand by the court 

12 of appeals or the Supreme Court for further proceedings, 

13 and in such a case the limitation period shall run from 

14 the date of the remand. 

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

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

17 of execution, to which the petitioner or movant would oth18 erwise not be entitled, for the purpose of litigating any 

19 petition, motion, or appeal. 

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

21 the time limitations under this section shall not be a 

22 ground for granting relief from a judgment of conviction 

23 or sentence. The State or Government may enforce the 

24 time limitations under this section by applying to the court 

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


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1 ‘‘(e) The Administrative Office of United States 

2 Courts shall report annually to Congress on the compli3 ance by the courts with the time limits established in this 

4 section. 

5 ‘‘(f) The adjudication of any petition under section 

6 2254 of this title that is subject to this chapter, and the 

7 adjudication of any motion under section 2255 of this title 

8 by a person under sentence of death, shall be given pri9 ority by the district court and by the court of appeals over 

10 all noncapital matters. 

11 ‘‘§ 2262. Rule of construction 

12 ‘‘This chapter shall be construed to promote the expe13 ditious conduct and conclusion of State and Federal court 

14 review in capital cases.’’. 

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

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

17 is amended by inserting after the item relating to chapter 

18 153 the following new item: 

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

19 CHAPTER 3—FUNDING FOR LITIGATION 

20 OF FEDERAL HABEAS CORPUS PETI21 TIONS IN CAPITAL CASES 

22 SEC. 107. FUNDING FOR DEATH PENALTY PROSECUTIONS. 

23 Part E of title I of the Omnibus Crime Control and 

24 Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 

25 amended by adding at the end the following new section: 


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1 ‘‘SEC. 515. Notwithstanding any other provision of 

2 this subpart, the Director shall provide grants to the 

3 States, from the funding allocated pursuant to section 

4 511, for the purpose of supporting litigation pertaining to 

5 Federal habeas corpus petitions in capital cases. The total 

6 funding available for such grants within any fiscal year 

7 shall be equal to the funding provided to capital resource 

8 centers, pursuant to Federal appropriation, in the same 

9 fiscal year.’’. 

10 Subtitle B—Federal Death Penalty 

11 Procedures Reform 

12 SEC. 111. FEDERAL DEATH PENALTY PROCEDURES RE13 FORM. 

14 (a) IN GENERAL.—Subsection (e) of section 3593 of 

15 title 18, United States Code, is amended by striking 

16 ‘‘Based upon this consideration’’ and all that follows 

17 through the end of such subsection and inserting the fol18 lowing: ‘‘The jury, or if there is no jury, the court, shall 

19 then consider whether the aggravating factor or factors 

20 found to exist outweigh any mitigating factors. The jury, 

21 or if there is no jury, the court shall recommend a sen22 tence of death if it unanimously finds at least one aggra23 vating factor and no mitigating factor or if it finds one 

24 or more aggravating factors which outweigh any miti25 gating factors. In any other case, it shall not recommend 


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1 a sentence of death. The jury shall be instructed that it 

2 must avoid any influence of sympathy, sentiment, passion, 

3 prejudice, or other arbitrary factors in its decision, and 

4 should make such a recommendation as the information 

5 warrants. The jury shall be instructed that its rec6 ommendation concerning a sentence of death is to be 

7 based on the aggravating factor or factors and any miti8 gating factors which have been found, but that the final 

9 decision concerning the balance of aggravating and miti10 gating factors is a matter for the jury’s judgment.’’. 

11 (b) CONFORMING AMENDMENT.—Section 3594 of 

12 title 18, United States Code, is amended by striking ‘‘or 

13 life imprisonment without possibility of release’’. 

14 TITLE II—DETERRING GUN 

15 CRIMES 

16 SEC. 201. MANDATORY PRISON TERMS FOR CARRYING, 

17 USING, OR DISCHARGING A FIREARM OR DE18 STRUCTIVE DEVICE DURING A STATE CRIME 

19 THAT IS A SERIOUS VIOLENT FELONY OR SE20 RIOUS DRUG OFFENSE. 

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

22 amended to read as follows: 

23 ‘‘(c)(1)(A)(i) A person who, during and in relation 

24 to a serious violent felony or serious drug offense (includ25 ing a serious violent felony or serious drug offense that 


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1 provides for an enhanced punishment if committed by the 

2 use of a deadly or dangerous weapon or device) for which 

3 the person may be prosecuted in a court of any State— 

4 ‘‘(I) knowingly carries a firearm, shall, in addi5 tion to the sentence imposed for the serious violent 

6 felony or serious drug offense, be sentenced to im7 prisonment for not less than 5 years; 

8 ‘‘(II) knowingly uses a firearm, shall, in addi9 tion to the sentence imposed for the serious violent 

10 felony or serious drug offense, be sentenced to im11 prisonment for not less than 10 years; or 

12 ‘‘(III) discharges a firearm with the intent to 

13 injure another person, shall, in addition to the sen14 tence imposed for the serious violent felony or seri15 ous drug offense, be sentenced to imprisonment for 

16 not less than 30 years; 

17 except that if the firearm is a machinegun or destructive 

18 device or is equipped with a firearm silencer or firearm 

19 muffler, the person shall, in addition to the sentence im20 posed for the serious violent felony or serious drug offense, 

21 be sentenced to life imprisonment. 

22 ‘‘(B) Subparagraph (A) shall not apply to the con23 duct of a person in defense of person or property during 

24 the course of a crime committed by another person (in25 cluding the arrest or attempted arrest of such other perVerDate Aug 31 2005 08:57 Feb 22, 2008 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\PICKUP\H3.IH H3

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1 son during or immediately after the commission of the 

2 crime), unless the person engaged in or participated in 

3 criminal conduct that gave rise to the criminal conduct 

4 of such other person. 

5 ‘‘(C) It is the intent of the Congress that— 

6 ‘‘(i) this paragraph shall be used to supplement 

7 but not supplant the efforts of State and local pros8 ecutors in prosecuting serious violent felonies and 

9 serious drug offenses that could be prosecuted under 

10 State law; and 

11 ‘‘(ii) the Attorney General shall give due def12 erence to the interest that a State or local pros13 ecutor has in prosecuting a person under State law. 

14 ‘‘(2)(A)(i) A person who, during and in relation to 

15 a crime of violence or drug trafficking crime (including 

16 a crime of violence or drug trafficking crime that provides 

17 for an enhanced punishment if committed by the use of 

18 a deadly or dangerous weapon or device) for which the 

19 person may be prosecuted in a court of the United 

20 States— 

21 ‘‘(I) knowingly carries a firearm, shall, in addi22 tion to the sentence imposed for the crime of vio23 lence or drug trafficking crime, be sentenced to im24 prisonment for not less than 5 years; 


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1 ‘‘(II) knowingly uses a firearm, shall, in addi2 tion to the sentence imposed for the crime of vio3 lence or drug trafficking crime, be sentenced to im4 prisonment for not less than 10 years; or 

5 ‘‘(III) discharges a firearm with the intent to 

6 injure another person, shall, in addition to the sen7 tence imposed for the crime of violence or drug traf8 ficking crime, be sentenced to imprisonment for not 

9 less than 20 years. 

10 ‘‘(ii) A person who, during and in relation to a crime 

11 of violence or drug trafficking crime (including a crime 

12 of violence or drug trafficking crime that provides for an 

13 enhanced punishment if committed by the use of a deadly 

14 or dangerous weapon or device) for which the person may 

15 be prosecuted in a court of the United States— 

16 ‘‘(I) knowingly carries a short-barreled rifle, 

17 short-barreled shotgun, or semiautomatic assault 

18 weapon, shall, in addition to the sentence imposed 

19 for the crime of violence or drug trafficking crime, 

20 be sentenced to imprisonment for not less than 10 

21 years; 

22 ‘‘(II) knowingly uses a short-barreled rifle, 

23 short-barreled shotgun, or semiautomatic assault 

24 weapon, shall, in addition to the sentence imposed 

25 for the crime of violence or drug trafficking crime, 


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1 be sentenced to imprisonment for not less than 15 

2 years; or 

3 ‘‘(III) discharges a short-barreled rifle, short4 barreled shotgun, or semiautomatic assault weapon 

5 with the intent to injure another person, shall, in ad6 dition to the sentence imposed for the crime of vio7 lence or drug trafficking crime, be sentenced to im8 prisonment for not less than 25 years. 

9 ‘‘(iii) A person who, during and in relation to a crime 

10 of violence or drug trafficking crime (including a crime 

11 of violence or drug trafficking crime that provides for an 

12 enhanced punishment if committed by the use of a deadly 

13 or dangerous weapon or device) for which the person may 

14 be prosecuted in a court of the United States, knowingly 

15 carries or knowingly uses a firearm that is a machinegun 

16 or destructive device or is equipped with a firearm silencer 

17 or firearm muffler, or discharges such a firearm with the 

18 intent to injure another person, shall, in addition to the 

19 sentence imposed for the crime of violence or drug traf20 ficking crime, be sentenced to imprisonment for not less 

21 than 30 years. 

22 ‘‘(B) A person who has been convicted under this sub23 section and who, during and in relation to a crime of vio24 lence or drug trafficking crime (including a crime of vio25 lence or drug trafficking crime that provides for an enVerDate Aug 31 2005 08:57 Feb 22, 2008 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\PICKUP\H3.IH H3

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1 hanced punishment if committed by the use of a deadly 

2 or dangerous weapon or device) for which the person may 

3 be prosecuted in a court of the United States— 

4 ‘‘(i) knowingly carries a firearm, shall, in addi5 tion to the sentence imposed for the serious violent 

6 felony or serious drug offense, be sentenced to im7 prisonment for not less than 10 years; 

8 ‘‘(ii) knowingly uses a firearm, shall, in addition 

9 to the sentence imposed for the serious violent felony 

10 or serious drug offense, be sentenced to imprison11 ment for not less than 20 years; or 

12 ‘‘(iii) discharges a firearm with the intent to in13 jure another person, shall, in addition to the sen14 tence imposed for the serious violent felony or seri15 ous drug offense, be sentenced to imprisonment for 

16 not less than 20 years; 

17 except that, if the firearm is a machinegun or destructive 

18 device or is equipped with a firearm silencer or firearm 

19 muffler, the person shall, in addition to the sentence im20 posed for the serious violent felony or serious drug offense, 

21 be sentenced to imprisonment for not less than 30 years. 

22 ‘‘(ii) A person who has been convicted under this sub23 section and who, during and in relation to a serious violent 

24 felony or serious drug offense (including a serious violent 

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1 hanced punishment if committed by the use of a deadly 

2 or dangerous weapon or device) for which the person may 

3 be prosecuted in a court of any State— 

4 ‘‘(I) knowingly carries a firearm, shall, in addi5 tion to the sentence imposed for the serious violent 

6 felony or serious drug offense, be sentenced to im7 prisonment for not less than 10 years; 

8 ‘‘(II) knowingly uses a firearm, shall, in addi9 tion to the sentence imposed for the serious violent 

10 felony or serious drug offense, be sentenced to im11 prisonment for not less than 20 years; or 

12 ‘‘(III) discharges a firearm with the intent to 

13 injure another person, shall, in addition to the sen14 tence imposed for the serious violent felony or seri15 ous drug offense, be sentenced to imprisonment for 

16 not less than 30 years; 

17 except that if the firearm is a machinegun or destructive 

18 device or is equipped with a firearm silencer or firearm 

19 muffler, the person shall, in addition to the sentence im20 posed for the serious violent felony or serious drug offense, 

21 be sentenced to life imprisonment. 

22 ‘‘(3)(A) Notwithstanding any other provision of law, 

23 the court shall not impose a probationary sentence on any 

24 person convicted of a violation of this subsection, nor shall 

25 a term of imprisonment imposed under this subsection run 


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1 concurrently with any other term of imprisonment includ2 ing that imposed for the serious violent felony, serious 

3 drug offense, crime of violence, or drug trafficking crime 

4 in which the firearm was used. 

5 ‘‘(B) No person sentenced under this subsection shall 

6 be released for any reason whatsoever during a term of 

7 imprisonment imposed under this subsection. 

8 ‘‘(4) As used in this subsection: 

9 ‘‘(A) The term ‘serious violent felony’ means— 

10 ‘‘(i) a crime of violence; or 

11 ‘‘(ii) a serious violent felony (as defined in 

12 section 3559(c)(2)(F)). 

13 ‘‘(B) The term ‘serious drug offense’ means— 

14 ‘‘(i) a drug trafficking crime; 

15 ‘‘(ii) an offense that is punishable under 

16 section 401(b)(1)(B) or section 408 of the Con17 trolled Substances Act (21 U.S.C. 

18 841(b)(1)(B), 848), or section 1010(b)(1)(A) of 

19 the Controlled Substances Import and Export 

20 Act (21 U.S.C. 960(b)(1)(A)); or 

21 ‘‘(III) an offense under State law that, had 

22 the offense been prosecuted in a court of the 

23 United States, would have been punishable 

24 under section 401(b)(1)(B) or section 408 of 

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


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1 841(b)(1)(B), 848), or section 1010(b)(1)(A) of 

2 the Controlled Substances Import and Export 

3 Act (21 U.S.C. 960(b)(1)(A)). 

4 ‘‘(C) The term ‘crime of violence’ means an of5 fense that is a felony and— 

6 ‘‘(i) has as an element the use, attempted 

7 use, or threatened use of physical force against 

8 the person or property of another; or 

9 ‘‘(ii) that by its nature, involves a substan10 tial risk that physical force against the person 

11 or property of another may be used in the 

12 course of committing the offense. 

13 ‘‘(D) The term ‘drug trafficking crime’ means 

14 any felony punishable under the Controlled Sub15 stances Act (21 U.S.C. 801 et seq.), the Controlled 

16 Substances Import and Export Act (21 U.S.C. 951 

17 et seq.), or the Maritime Drug Law Enforcement 

18 Act (46 U.S.C. App. 1901 et seq.).’’. 

19 TITLE III—MANDATORY VICTIM 

20 RESTITUTION 

21 SEC. 301. MANDATORY RESTITUTION AND OTHER PROVI22 SIONS. 

23 (a) ORDER OF RESTITUTION.—Section 3663 of title 

24 18, United States Code, is amended— 

25 (1) in subsection (a)— 


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1 (A) by striking ‘‘may order’’ and inserting 

2 ‘‘shall order’’; and 

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

4 paragraph: 

5 ‘‘(4) In addition to ordering restitution of the victim 

6 of the offense of which a defendant is convicted, a court 

7 may order restitution of any person who, as shown by a 

8 preponderance of evidence, was harmed physically, emo9 tionally, or pecuniarily, by unlawful conduct of the defend10 ant during— 

11 ‘‘(A) the criminal episode during which the of12 fense occurred; or 

13 ‘‘(B) the course of a scheme, conspiracy, or pat14 tern of unlawful activity related to the offense.’’; 

15 (2) in subsection (b)(1)(B) by striking ‘‘imprac16 tical’’ and inserting ‘‘impracticable’’; 

17 (3) in subsection (b)(2) by inserting ‘‘emotional 

18 or’’ after ‘‘resulting in’’; 

19 (4) in subsection (b)— 

20 (A) by striking ‘‘and’’ at the end of para21 graph (4); 

22 (B) by redesignating paragraph (5) as 

23 paragraph (6); and 

24 (C) by inserting after paragraph (4) the 

25 following new paragraph: 


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1 ‘‘(5) in any case, reimburse the victim for nec2 essary child care, transportation, and other expenses 

3 related to participation in the investigation or pros4 ecution of the offense or attendance at proceedings 

5 related to the offense; and’’. 

6 (5) in subsection (c) by striking ‘‘If the court 

7 decides to order restitution under this section, the’’ 

8 and inserting ‘‘The’’; 

9 (6) by striking subsections (d), (e), (f), (g), and 

10 (h); 

11 (7) by redesignating subsection (i) as subsection 

12 (m); and 

13 (8) by inserting after subsection (c) the fol14 lowing: 

15 ‘‘(d)(1) The court shall order restitution to a victim 

16 in the full amount of the victim’s losses as determined by 

17 the court and without consideration of— 

18 ‘‘(A) the economic circumstances of the of19 fender; or 

20 ‘‘(B) the fact that a victim has received or is 

21 entitled to receive compensation with respect to a 

22 loss from insurance or any other source. 

23 ‘‘(2) Upon determination of the amount of restitution 

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1 tion order the manner in which and the schedule according 

2 to which the restitution is to be paid, in consideration of— 

3 ‘‘(A) the financial resources and other assets of 

4 the offender; 

5 ‘‘(B) projected earnings and other income of 

6 the offender; and 

7 ‘‘(C) any financial obligations of the offender, 

8 including obligations to dependents. 

9 ‘‘(3) A restitution order may direct the offender to 

10 make a single, lump-sum payment, partial payment at 

11 specified intervals, or such in-kind payments as may be 

12 agreeable to the victim and the offender. 

13 ‘‘(4) An in-kind payment described in paragraph (3) 

14 may be in the form of— 

15 ‘‘(A) return of property; 

16 ‘‘(B) replacement of property; or 

17 ‘‘(C) services rendered to the victim or to a per18 son or organization other than the victim. 

19 ‘‘(e) When the court finds that more than 1 offender 

20 has contributed to the loss of a victim, the court may make 

21 each offender liable for payment of the full amount of res22 titution or may apportion liability among the offenders to 

23 reflect the level of contribution and economic cir24 cumstances of each offender. 


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1 ‘‘(f) When the court finds that more than 1 victim 

2 has sustained a loss requiring restitution by an offender, 

3 the court shall order full restitution of each victim but may 

4 provide for different payment schedules to reflect the eco5 nomic circumstances of each victim. 

6 ‘‘(g)(1) If the victim has received or is entitled to re7 ceive compensation with respect to a loss from insurance 

8 or any other source, the court shall order that restitution 

9 be paid to the person who provided or is obligated to pro10 vide the compensation, but the restitution order shall pro11 vide that all restitution of victims required by the order 

12 be paid to the victims before any restitution is paid to 

13 such a provider of compensation. 

14 ‘‘(2) The issuance of a restitution order shall not af15 fect the entitlement of a victim to receive compensation 

16 with respect to a loss from insurance or any other source 

17 until the payments actually received by the victim under 

18 the restitution order fully compensate the victim for the 

19 loss, at which time a person that has provided compensa20 tion to the victim shall be entitled to receive any payments 

21 remaining to be paid under the restitution order. 

22 ‘‘(3) Any amount paid to a victim under an order of 

23 restitution shall be set off against any amount later recov24 ered as compensatory damages by the victim in— 

25 ‘‘(A) any Federal civil proceeding; and 


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1 ‘‘(B) any State civil proceeding, to the extent 

2 provided by the law of the State. 

3 ‘‘(h) A restitution order shall provide that— 

4 ‘‘(1) all fines, penalties, costs, restitution pay5 ments and other forms of transfers of money or 

6 property made pursuant to the sentence of the court 

7 shall be made by the offender to an entity des8 ignated by the Director of the Administrative Office 

9 of the United States Courts for accounting and pay10 ment by the entity in accordance with this sub11 section; 

12 ‘‘(2) the entity designated by the Director of 

13 the Administrative Office of the United States 

14 Courts shall— 

15 ‘‘(A) log all transfers in a manner that 

16 tracks the offender’s obligations and the cur17 rent status in meeting those obligations, unless, 

18 after efforts have been made to enforce the res19 titution order and it appears that compliance 

20 cannot be obtained, the court determines that 

21 continued recordkeeping under this subpara22 graph would not be useful; 

23 ‘‘(B) notify the court and the interested 

24 parties when an offender is 90 days in arrears 

25 in meeting those obligations; and 


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1 ‘‘(3) the offender shall advise the entity des2 ignated by the Director of the Administrative Office 

3 of the United States Courts of any change in the of4 fender’s address during the term of the restitution 

5 order. 

6 ‘‘(i) A restitution order shall constitute a lien against 

7 all property of the offender and may be recorded in any 

8 Federal or State office for the recording of liens against 

9 real or personal property. 

10 ‘‘(j) Compliance with the schedule of payment and 

11 other terms of a restitution order shall be a condition of 

12 any probation, parole, or other form of release of an of13 fender. If a defendant fails to comply with a restitution 

14 order, the court may revoke probation or a term of super15 vised release, modify the term or conditions of probation 

16 or a term of supervised release, hold the defendant in con17 tempt of court, enter a restraining order or injunction, 

18 order the sale of property of the defendant, accept a per19 formance bond, or take any other action necessary to ob20 tain compliance with the restitution order. In determining 

21 what action to take, the court shall consider the defend22 ant’s employment status, earning ability, financial re23 sources, the willfulness in failing to comply with the res24 titution order, and any other circumstances that may have 


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1 a bearing on the defendant’s ability to comply with the 

2 restitution order. 

3 ‘‘(k) An order of restitution may be enforced— 

4 ‘‘(1) by the United States— 

5 ‘‘(A) in the manner provided for the collec6 tion and payment of fines in subchapter (B) of 

7 chapter 229 of this title; or 

8 ‘‘(B) in the same manner as a judgment in 

9 a civil action; and 

10 ‘‘(2) by a victim named in the order to receive 

11 the restitution, in the same manner as a judgment 

12 in a civil action. 

13 ‘‘(l) A victim or the offender may petition the court 

14 at any time to modify a restitution order as appropriate 

15 in view of a change in the economic circumstances of the 

16 offender.’’. 

17 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU18 TION.—Section 3664 of title 18, United States Code, is 

19 amended— 

20 (1) by striking subsection (a); 

21 (2) by redesignating subsections (b), (c), (d), 

22 and (e) as subsections (a), (b), (c), and (d); 

23 (3) by amending subsection (a), as redesignated 

24 by paragraph (2), to read as follows: 


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1 ‘‘(a) The court may order the probation service of the 

2 court to obtain information pertaining to the amount of 

3 loss sustained by any victim as a result of the offense, 

4 the financial resources of the defendant, the financial 

5 needs and earning ability of the defendant and the defend6 ant’s dependents, and such other factors as the court 

7 deems appropriate. The probation service of the court 

8 shall include the information collected in the report of 

9 presentence investigation or in a separate report, as the 

10 court directs.’’; and 

11 (4) by adding at the end thereof the following 

12 new subsection: 

13 ‘‘(e) The court may refer any issue arising in connec14 tion with a proposed order of restitution to a magistrate 

15 or special master for proposed findings of fact and rec16 ommendations as to disposition, subject to a de novo de17 termination of the issue by the court.’’. 

18 TITLE IV—LAW ENFORCEMENT 

19 BLOCK GRANTS 

20 SEC. 401. BLOCK GRANT PROGRAM. 

21 Title I of the Violent Crime Control and Law En22 forcement Act of 1994 is amended to read as follows: 


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1 ‘‘TITLE I—LAW ENFORCEMENT 

2 BLOCK GRANTS 

3 ‘‘SEC. 101. PAYMENTS TO LOCAL GOVERNMENTS. 

4 ‘‘(a) PAYMENT AND USE.— 

5 ‘‘(1) PAYMENT.—The Director of the Bureau of 

6 Justice Assistance, shall pay to each unit of local 

7 government which qualifies for a payment under this 

8 title an amount equal to the sum of any amounts al9 located to such unit under this title for each pay10 ment period. The Director shall pay such amount 

11 from amounts appropriated to carry out this title. 

12 ‘‘(2) USE.—Amounts paid to a unit of local 

13 government under this section shall be used by the 

14 unit for reducing crime and improving public safety, 

15 including but not limited to, one or more of the fol16 lowing purposes: 

17 ‘‘(A)(i) hiring, training, and employing on 

18 a continuing basis new, additional law enforce19 ment officers and necessary support personnel; 

20 ‘‘(ii) paying overtime to presently employed 

21 law enforcement officers and necessary support 

22 personnel for the purpose of increasing the 

23 number of hours worked by such personnel; and 


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1 ‘‘(iii) procuring equipment, technology, and 

2 other material directly related to basic law en3 forcement functions. 

4 ‘‘(B) Enhancing school security measures 

5 by— 

6 ‘‘(i) providing increased law enforce7 ment patrols in and around schools, wheth8 er through the hiring of additional law en9 forcement officers or paying overtime to 

10 presently employed officers; 

11 ‘‘(ii) purchasing law enforcement 

12 equipment necessary to carry out normal 

13 law enforcement functions in and around 

14 schools; 

15 ‘‘(iii) equipping schools with metal de16 tectors, fences, closed circuit cameras, and 

17 other physical safety measures; and 

18 ‘‘(iv) gun hotlines designed to facili19 tate the reporting of weapons possession 

20 by students and other individuals in and 

21 around schools. 

22 ‘‘(C) Establishing crime prevention pro23 grams that are organized, supervised by, or in24 volve substantial participation of law enforce25 ment officials and that are intended to discourVerDate Aug 31 2005 08:57 Feb 22, 2008 Jkt 069200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\PICKUP\H3.IH H3

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1 age, disrupt, or interfere with the commission 

2 of criminal activity, including neighborhood 

3 watches and citizen patrols. 

4 ‘‘(b) TIMING OF PAYMENTS.—The Director shall pay 

5 each unit of local government that has submitted an appli6 cation under this title not later than— 

7 ‘‘(1) 90 days after the date that the amount is 

8 available, or 

9 ‘‘(2) the first day of the payment period if the 

10 unit of local government has provided the Director 

11 with the assurances required by section 103(d), 

12 whichever is later. 

13 ‘‘(c) ADJUSTMENTS.— 

14 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

15 the Director shall adjust a payment under this title 

16 to a unit of local government to the extent that a 

17 prior payment to the unit of local government was 

18 more or less than the amount required to be paid. 

19 ‘‘(2) CONSIDERATIONS.—The Director may in20 crease or decrease under this subsection a payment 

21 to a unit of local government only if the Director de22 termines the need for the increase or decrease, or if 

23 the unit requests the increase or decrease, not later 

24 than one year after the end of the payment period 

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1 ‘‘(d) RESERVATION FOR ADJUSTMENT.—The Direc2 tor may reserve a percentage of not more than two percent 

3 of the amount under this section for a payment period 

4 for all units of local government in a State if the Director 

5 considers the reserve is necessary to ensure the availability 

6 of sufficient amounts to pay adjustments after the final 

7 allocation of amounts among the units of local government 

8 in the State. 

9 ‘‘(e) REPAYMENT OF UNEXPENDED AMOUNTS.— 

10 ‘‘(1) REPAYMENT REQUIRED.—A unit of local 

11 government shall repay to the Director, by not later 

12 than 27 months after receipt of funds from the Di13 rector, any amount that is— 

14 ‘‘(A) paid to the unit from amounts appro15 priated under the authority of this section; and 

16 ‘‘(B) not expended by the unit within two 

17 years after receipt of such funds from the Di18 rector. 

19 ‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the 

20 amount required to be repaid is not repaid, the Di21 rector shall reduce payment in future payment peri22 ods accordingly. 

23 ‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts 

24 received by the Director as repayments under this 


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1 subsection shall be deposited in a designated fund 

2 for future payments to units of local government. 

3 ‘‘(f) NONSUPPLANTING REQUIREMENT.—Funds 

4 made available under this title to units of local government 

5 shall not be used to supplant State or local funds, but 

6 shall be used to increase the amount of funds that would, 

7 in the absence of funds under this title, be made available 

8 from State or local sources. 

9 ‘‘SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out this title— 

12 ‘‘(1) $2,000,000,000 for fiscal year 1996; 

13 ‘‘(2) $2,000,000,000 for fiscal year 1997; 

14 ‘‘(3) $2,000,000,000 for fiscal year 1998; 

15 ‘‘(4) $2,000,000,000 for fiscal year 1999; and 

16 ‘‘(5) $2,000,000,000 for fiscal year 2000. 

17 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 2.5 

18 percent of the amount authorized to be appropriated 

19 under subsection (a) for each of the fiscal years 1995 

20 through 2000 shall be available to the Director for admin21 istrative costs to carry out the purposes of this title. Such 

22 sums are to remain available until expended. 

23 ‘‘(c) AVAILABILITY.—The amounts authorized to be 

24 appropriated under subsection (a) shall remain available 

25 until expended. 


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1 ‘‘SEC. 103. QUALIFICATION FOR PAYMENT. 

2 ‘‘(a) IN GENERAL.—The Director shall issue regula3 tions establishing procedures under which an unit of local 

4 government is required to provide notice to the Director 

5 regarding the proposed use of assistance under this title. 

6 ‘‘(b) GENERAL REQUIREMENTS FOR QUALIFICA7 TION.—An unit of local government qualifies for a pay8 ment under this title for a payment period only if the unit 

9 submits an application to the Director and establishes, to 

10 the satisfaction of the Director, that— 

11 ‘‘(1) the unit of local government will establish 

12 a trust fund in which the government will deposit all 

13 payments received under this title; 

14 ‘‘(2) the unit of local government will use 

15 amounts in the trust fund (including interest) dur16 ing a period not to exceed two years from the date 

17 the first grant payment is made to the government; 

18 ‘‘(3) the unit of local government will expend 

19 the payments received in accordance with the laws 

20 and procedures that are applicable to the expendi21 ture of revenues of the unit of government; 

22 ‘‘(4) the unit of local government will use ac23 counting, audit, and fiscal procedures that conform 

24 to guidelines which shall be prescribed by the Direc25 tor after consultation with the Comptroller General 

26 and as applicable, amounts received under this title 


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1 shall be audited in compliance with the Single Audit 

2 Act of 1984; 

3 ‘‘(5) after reasonable notice from the Director 

4 or the Comptroller General to the unit of govern5 ment, the unit of local government will make avail6 able to the Director and the Comptroller General, 

7 with the right to inspect, records that the Director 

8 reasonably requires to review compliance with this 

9 title or that the Comptroller General reasonably re10 quires to review compliance and operation; 

11 ‘‘(6) a designated official of the unit of local 

12 government shall make reports the Director reason13 ably requires, in addition to the annual reports re14 quired under this title; and 

15 ‘‘(7) the unit of local government will spend the 

16 funds only for the purposes set forth in section 

17 101(a)(2). 

18 ‘‘(c) REVIEW BY GOVERNORS.—A unit of local gov19 ernment shall give the chief executive officer of the State 

20 in which the government is located an opportunity for re21 view and comment before establishing compliance with 

22 subsection (d). 

23 ‘‘(d) SANCTIONS FOR NONCOMPLIANCE.— 

24 ‘‘(1) IN GENERAL.—If the Director determines 

25 that a unit of local government has not complied 


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1 substantially with the requirements or regulations 

2 prescribed under subsection (b), the Director shall 

3 notify the unit of local government that if the unit 

4 of local government does not take corrective action 

5 within 60 days of such notice, the Director will with6 hold additional payments to the unit of local govern7 ment for the current and future payment periods 

8 until the Director is satisfied that the unit of local 

9 government— 

10 ‘‘(A) has taken the appropriate corrective 

11 action; and 

12 ‘‘(B) will comply with the requirements 

13 and regulations prescribed under subsection (b). 

14 ‘‘(2) NOTICE.—Before giving notice under para15 graph (1), the Director shall give the chief executive 

16 officer of the unit of local government reasonable no17 tice and an opportunity for comment. 

18 ‘‘SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS. 

19 ‘‘(a) STATE DISTRIBUTION.—Except as provided in 

20 section 103(d), of the total amounts appropriated for this 

21 title for each payment period, the Director shall allocate 

22 for units of local government— 

23 ‘‘(1) 0.25 percent to each State; and 

24 ‘‘(2) of the total amount of funds remaining 

25 after allocation under paragraph (1), an amount 


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1 that is equal to the ratio that the number of part 

2 1 violent crimes reported by such State to the Fed3 eral Bureau of Investigation for 1993, bears to the 

4 number of part 1 violent crimes reported by all 

5 States to the Federal Bureau of Investigation for 

6 1993. 

7 ‘‘(b) LOCAL DISTRIBUTION.— 

8 ‘‘(1) From the amount reserved for each State 

9 under subsection (a), the Director shall allocate to 

10 each unit of local government an amount which— 

11 ‘‘(A) bears the ratio that the number of 

12 part 1 violent crimes reported by such unit to 

13 the Federal Bureau of Investigation for 1993 

14 bears to the number of part 1 violent crimes re15 ported by all units of local government in the 

16 State in which the unit is located to the Federal 

17 Bureau of Investigation for 1993 multiplied by 

18 the ratio of the population living in all units in 

19 the State in which the unit is located that re20 ported part 1 violent crimes to the Federal Bu21 reau of Investigation for 1993 bears to the pop22 ulation of the State; or 

23 ‘‘(B) if such data are not available for a 

24 unit, the ratio that the population of such unit 

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1 ernment in the State in which the unit is lo2 cated for which data are not available multi3 plied by the ratio of the population living in 

4 units in the State in which the unit is located 

5 for which data are not available bears to the 

6 population of the State. 

7 ‘‘(2) If under paragraph (1) a unit of local gov8 ernment is allotted less than $5,000 for the payment 

9 period, the amount allotted shall be transferred to 

10 the Governor of the State who shall equitably dis11 tribute the allocation to all such units or consortia, 

12 as the case may be. 

13 ‘‘(3)(A) If a unit of local government in a State 

14 that has been incorporated since the date of the col15 lection of the data used by the Director in making 

16 allocations pursuant to this section, the Director 

17 shall allocate to this newly incorporated unit of local 

18 government, out of the amount allocated to the 

19 State under this section, an amount bearing the 

20 same ratio to the amount allocated to the State as 

21 the population of the newly incorporated local gov22 ernment bears to the population of the State. 

23 ‘‘(B) If a unit of local government in the State 

24 has been annexed since the date of the collection of 

25 the data used by the Director in making allocations 


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1 pursuant to this section, the Director shall pay the 

2 amount that would have been allocated to such unit 

3 of local government to the unit of local government 

4 that annexed it. 

5 ‘‘(c) UNAVAILABILITY OF INFORMATION.—For pur6 poses of this section, if data regarding part 1 violent 

7 crimes in any State for 1993 is unavailable or substan8 tially inaccurate, the Director shall utilize the best avail9 able comparable data regarding the number of violent 

10 crimes for 1993 for such State for the purposes of alloca11 tion of any funds under this title. 

12 ‘‘SEC. 105. UTILIZATION OF PRIVATE SECTOR. 

13 ‘‘Funds or a portion of funds allocated under this 

14 title may be utilized to contract with private, nonprofit en15 tities or community-based organizations to carry out the 

16 purposes specified under section 101(a)(2). 

17 ‘‘SEC. 106. PUBLIC PARTICIPATION. 

18 ‘‘(a) IN GENERAL.—A unit of local government ex19 pending payments under this title shall hold at least one 

20 public hearing on the proposed use of the payment from 

21 the Director in relation to its entire budget. 

22 ‘‘(b) VIEWS.—At the hearing, persons shall be given 

23 an opportunity to provide written and oral views to the 

24 unit of local government authority responsible for enacting 

25 the budget and to ask questions about the entire budget 


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1 and the relation of the payment from the Director to the 

2 entire budget. 

3 ‘‘(c) TIME AND PLACE.—The unit of local govern4 ment shall hold the hearing at a time and place that allows 

5 and encourages public attendance and participation. 

6 ‘‘SEC. 107. ADMINISTRATIVE PROVISIONS. 

7 ‘‘The administrative provisions of part H of the Om8 nibus Crime Control and Safe Streets Act of 1968, shall 

9 apply to this title. 

10 ‘‘SEC. 108. DEFINITIONS. 

11 ‘‘For the purposes of this title: 

12 ‘‘(1) The term ‘unit of local government’ 

13 means— 

14 ‘‘(A) a county, township, city, or political 

15 subdivision of a county, township, or city, that 

16 is a unit of local government as determined by 

17 the Secretary of Commerce for general statis18 tical purposes; and 

19 ‘‘(B) the District of Columbia and the rec20 ognized governing body of an Indian tribe or 

21 Alaskan Native village that carries out substan22 tial governmental duties and powers. 

23 ‘‘(2) The term ‘payment period’ means each 

24 one-year period beginning on October 1 of any year 

25 in which a grant under this title is awarded. 


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1 ‘‘(3) The term ‘State’ means any State of the 

2 United States, the District of Columbia, the Com3 monwealth of Puerto Rico, the Virgin Islands, Amer4 ican Samoa, Guam, and the Northern Mariana Is5 lands, except that American Samoa, Guam, and the 

6 Northern Mariana Islands shall be considered as one 

7 State and that, for purposes of section 104(a), 33 

8 percent of the amounts allocated shall be allocated 

9 to American Samoa, 50 percent to Guam, and 17 

10 percent to the Northern Mariana Islands. 

11 ‘‘(4) The term ‘Juvenile’ means an individual 

12 who is 17 years of age or younger. 

13 ‘‘(5) The term ‘part 1 violent crimes’ means 

14 murder and nonnegligent manslaughter, forcible 

15 rape, robbery, and aggravated assault as reported to 

16 the Federal Bureau of Investigation for purposes of 

17 the Uniform Crime Reports. 

18 ‘‘(6) The term ‘Director’ means the Director of 

19 the Bureau of Justice Assistance.’’. 

20 SEC. 402. CONFORMING AMENDMENT. 

21 The amendments made to the Omnibus Crime Con22 trol and Safe Streets Act of 1968, as added by title I of 

23 the Violent Crime Control and Law Enforcement Act of 

24 1994, are repealed. 


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1 TITLE V—TRUTH IN 

2 SENTENCING GRANTS 

3 SEC. 501. TRUTH IN SENTENCING GRANT PROGRAM. 

4 Title V of the Violent Crime Control and Law En5 forcement Act of 1994 is amended to read as follows: 

6 ‘‘TITLE V—TRUTH IN 

7 SENTENCING GRANTS 

8 ‘‘SEC. 501. AUTHORIZATION OF GRANTS. 

9 ‘‘(a) IN GENERAL.—The Attorney General is author10 ized to provide grants to eligible States and to eligible 

11 States organized as a regional compact to build, expand, 

12 and operate space in correctional facilities in order to in13 crease the prison bed capacity in such facilities for the 

14 confinement of persons convicted of a serious violent fel15 ony and to build, expand, and operate temporary or per16 manent correctional facilities, including facilities on mili17 tary bases, for the confinement of convicted nonviolent of18 fenders and criminal aliens for the purpose of freeing suit19 able existing prison space for the confinement of persons 

20 convicted of a serious violent felony. 

21 ‘‘(b) LIMITATION.—An eligible State or eligible 

22 States organized as a regional compact may receive either 

23 a general grant under section 502 or a truth-in-sentencing 

24 incentive grant under section 503. 


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1 ‘‘SEC. 502. GENERAL GRANTS. 

2 ‘‘(a) DISTRIBUTION OF GENERAL GRANTS.—50 per3 cent of the total amount of funds made available under 

4 this title for each of the fiscal years 1995 through 2000 

5 shall be made available for general eligibility grants for 

6 each State or States organized as a regional compact that 

7 meets the requirements of subsection (b). 

8 ‘‘(b) GENERAL GRANTS.—In order to be eligible to 

9 receive funds under subsection (a), a State or States orga10 nized as a regional compact shall submit an application 

11 to the Attorney General that provides assurances that 

12 such State since 1993 has— 

13 ‘‘(1) increased the percentage of convicted vio14 lent offenders sentenced to prison; 

15 ‘‘(2) increased the average prison time actually 

16 to be served in prison by convicted violent offenders 

17 sentenced to prison; and 

18 ‘‘(3) increased the percentage of sentence to be 

19 actually served in prison by violent offenders sen20 tenced to prison. 

21 ‘‘SEC. 503. TRUTH-IN-SENTENCING GRANTS. 

22 ‘‘(a) TRUTH-IN-SENTENCING INCENTIVE GRANTS.— 

23 50 percent of the total amount of funds made available 

24 under this title for each of the fiscal years 1995 through 

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1 tive grants to each State or States organized as a regional 

2 compact that meet the requirements of subsection (c). 

3 ‘‘(b) ELIGIBILITY FOR TRUTH-IN-SENTENCING IN4 CENTIVE GRANTS.—In order to be eligible to receive funds 

5 under subsection (a), a State or States organized as a re6 gional compact shall submit an application to the Attorney 

7 General that provides assurances that each State applying 

8 has enacted laws and regulations which include— 

9 ‘‘(1)(A) truth-in-sentencing laws which require 

10 persons convicted of a serious violent felony serve 

11 not less than 85 percent of the sentence imposed or 

12 85 percent of the court-ordered maximum sentence 

13 for States that practice indeterminate sentencing; or 

14 ‘‘(B) truth-in-sentencing laws which have been 

15 enacted, but not yet implemented, that require such 

16 State, not later than three years after such State 

17 submits an application to the Attorney General, to 

18 provide that persons convicted of a serious violent 

19 felony serve not less than 85 percent of the sentence 

20 imposed or 85 percent of the court-ordered max21 imum sentence for States that practice indetermi22 nate sentencing, and 

23 ‘‘(2) laws requiring that the sentencing or re24 leasing authorities notify and allow the victims of 

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1 portunity to be heard regarding the issue of sen2 tencing and any postconviction release. 

3 ‘‘SEC. 504. SPECIAL RULES. 

4 ‘‘(a) INDETERMINANT SENTENCING EXCEPTION.— 

5 Notwithstanding the provisions of paragraphs (1) through 

6 (3) of section 502(b), a State shall be eligible for grants 

7 under this title, if the State, not later than the date of 

8 the enactment of this title— 

9 ‘‘(1) practices indeterminant sentencing; and 

10 ‘‘(2) the average times served in such State for 

11 the offenses of murder, rape, robbery, and assault 

12 exceed, by 10 percent or greater, the national aver13 age of times served for such offenses. 

14 ‘‘(b) EXCEPTION.—The requirements under section 

15 502(b) shall apply, except that a State may provide that 

16 the Governor of the State may allow for the release of 

17 a prisoner over the age of 70 after a public hearing in 

18 which representatives of the public and the prisoner’s vic19 tims have an opportunity to be heard regarding a proposed 

20 release. 

21 ‘‘SEC. 505. FORMULA FOR GRANTS. 

22 ‘‘To determine the amount of funds that each eligible 

23 State or eligible States organized as a regional compact 

24 may receive to carry out programs under section 502 or 


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1 503, the Attorney General shall apply the following for2 mula: 

3 ‘‘(1) $500,000 or 0.40 percent, whichever is 

4 greater shall be allocated to each participating State 

5 or compact, as the case may be; and 

6 ‘‘(2) of the total amount of funds remaining 

7 after the allocation under paragraph (1), there shall 

8 be allocated to each State or compact, as the case 

9 may be, an amount which bears the same ratio to 

10 the amount of remaining funds described in this 

11 paragraph as the population of such State or com12 pact, as the case may be, bears to the population of 

13 all the States. 

14 ‘‘SEC. 506. ACCOUNTABILITY. 

15 ‘‘(a) FISCAL REQUIREMENTS.—A State or States or16 ganized as a regional compact that receives funds under 

17 this title shall use accounting, audit, and fiscal procedures 

18 that conform to guidelines which shall be prescribed by 

19 the Attorney General. 

20 ‘‘(b) REPORTING.—Each State that receives funds 

21 under this title shall submit an annual report, beginning 

22 on January 1, 1996, and each January 1 thereafter, to 

23 the Congress regarding compliance with the requirements 

24 of this title. 


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1 ‘‘(c) ADMINISTRATIVE PROVISIONS.—The adminis2 trative provisions of sections 801 and 802 of the Omnibus 

3 Crime Control and Safe Streets Act of 1968 shall apply 

4 to the Attorney General in the same manner as such provi5 sions apply to the officials listed in such sections. 

6 ‘‘SEC. 507. AUTHORIZATION OF APPROPRIATIONS. 

7 ‘‘(a) IN GENERAL.—There are authorized to be ap8 propriated to carry out this title— 

9 ‘‘(1) $232,000,000 for fiscal year 1995; 

10 ‘‘(2) $997,500,000 for fiscal year 1996; 

11 ‘‘(3) $1,330,000,000 for fiscal year 1997; 

12 ‘‘(4) $2,527,000,000 for fiscal year 1998; 

13 ‘‘(5) $2,660,000,000 for fiscal year 1999; and 

14 ‘‘(6) $2,753,100,000 for fiscal year 2000. 

15 ‘‘(b) RESTRICTION.—No funds may be used for other 

16 purposes authorized by this Act in fiscal years 1995 

17 through 1999 unless the programs under this title are 

18 fully funded in such years. 

19 ‘‘(c) LIMITATIONS ON FUNDS.— 

20 ‘‘(1) USES OF FUNDS.—Funds made available 

21 under this title may be used to carry out the pur22 poses described in section 501(a). 

23 ‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds 

24 made available under this section shall not be used 

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1 crease the amount of funds that would, in the ab2 sence of Federal funds, be made available from 

3 State sources. 

4 ‘‘(3) ADMINISTRATIVE COSTS.—Not more than 

5 three percent of the funds available under this sec6 tion may be used for administrative costs. 

7 ‘‘(4) MATCHING FUNDS.—The Federal share of 

8 a grant received under this title may not exceed 75 

9 percent of the costs of a proposal as described in an 

10 application approved under this title. 

11 ‘‘(5) CARRY OVER OF APPROPRIATIONS.—Any 

12 funds appropriated but not expended as provided by 

13 this section during any fiscal year shall remain avail14 able until expended. 

15 ‘‘SEC. 508. DEFINITIONS. 

16 ‘‘As used in this title— 

17 ‘‘(1) the term ‘indeterminate sentencing’ means 

18 a system by which— 

19 ‘‘(A) the court has discretion on imposing 

20 the actual length of the sentence imposed, up to 

21 the statutory maximum; and 

22 ‘‘(B) an administrative agency, generally 

23 the parole board, controls release between 

24 court-ordered minimum and maximum sen25 tence; 


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1 ‘‘(2) the term ‘serious violent felony’ means— 

2 ‘‘(A) an offense that is a felony and has as 

3 an element the use, attempted use, or threat4 ened use of physical force against the person or 

5 property of another and has a maximum term 

6 of imprisonment of 10 years or more, 

7 ‘‘(B) any other offense that is a felony and 

8 that, by its nature, involves a substantial risk 

9 that physical force against the person or prop10 erty of another may be used in the course of 

11 committing the offense and has a maximum 

12 term of imprisonment of 10 years or more, or 

13 ‘‘(C) such crimes include murder, assault 

14 with intent to commit murder, arson, armed 

15 burglary, rape, assault with intent to commit 

16 rape, kidnapping, and armed robbery; and 

17 ‘‘(3) the term ‘State’ means a State of the 

18 United States, the District of Columbia, or any com19 monwealth, territory, or possession of the United 

20 States.’’. 


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1 TITLE VI—EXCLUSIONARY RULE 

2 REFORM 

3 SEC. 601. ADMISSIBILITY OF CERTAIN EVIDENCE. 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 3510. Admissibility of evidence obtained by search 

8 or seizure 

9 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA10 SONABLE SEARCH OR SEIZURE.—Evidence which is ob11 tained as a result of a search or seizure shall not be ex12 cluded in a proceeding in a court of the United States 

13 on the ground that the search or seizure was in violation 

14 of the fourth amendment to the Constitution of the United 

15 States, if the search or seizure was carried out in cir16 cumstances justifying an objectively reasonable belief that 

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

18 that evidence was obtained pursuant to and within the 

19 scope of a warrant constitutes prima facie evidence of the 

20 existence of such circumstances. 

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

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

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

24 obtained in violation of a statute, an administrative rule 

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


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1 expressly authorized by statute or by a rule prescribed by 

2 the Supreme Court pursuant to statutory authority. 

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

4 not be construed to require or authorize the exclusion of 

5 evidence in any proceeding.’’. 

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

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

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

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

9 TITLE VII—STOPPING ABUSIVE 

10 PRISONER LAWSUITS 

11 SEC. 701. EXHAUSTION REQUIREMENT. 

12 Section 7(a)(1) of the Civil Rights of Institutionalized 

13 Persons Act (42 U.S.C. 1997d) is amended— 

14 (1) by striking ‘‘in any action brought’’ and in15 serting ‘‘no action shall be brought’’; 

16 (2) by striking ‘‘the court shall’’ and all that 

17 follows through ‘‘require exhaustion of’’ and insert 

18 ‘‘until’’; and 

19 (3) by inserting ‘‘are exhausted’’ after ‘‘avail20 able’’. 

21 SEC. 702. FRIVOLOUS ACTIONS. 

22 Section 7(a) of the Civil Rights of Institutionalized 

23 Persons Act (42 U.S.C. 1997d(a)) is amended by adding 

24 at the end the following: 


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1 ‘‘(3) The court shall on its own motion or on 

2 motion of a party dismiss any action brought pursu3 ant to section 1979 of the Revised Statutes of the 

4 United States by an adult convicted of a crime and 

5 confined in any jail, prison, or other correctional fa6 cility if the court is satisfied that the action fails to 

7 state a claim upon which relief can be granted or is 

8 frivolous or malicious. 

9 SEC. 703. MODIFICATION OF REQUIRED MINIMUM STAND10 ARDS. 

11 Section 7(b)(2) of the Civil Rights of Institutionalized 

12 Persons Act (42 U.S.C. 1997d(b)(2)) is amended by strik13 ing subparagraph (A) and redesignating subparagraphs 

14 (B) through (E) as subparagraphs (A) through (D), re15 spectively. 

16 SEC. 704. PROCEEDINGS IN FORMA PAUPERIS. 

17 (a) DISMISSAL.—Section 1915(d) of title 28, United 

18 States Code, is amended— 

19 (1) by inserting ‘‘at any time’’ after ‘‘counsel 

20 and may’’; and 

21 (2) by striking ‘‘and may’’ and inserting ‘‘and 

22 shall’’; 

23 (3) by inserting ‘‘fails to state a claim upon 

24 which relief may be granted or’’ after ‘‘that the ac25 tion’’; and 


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1 (4) by inserting ‘‘even if partial filing fees have 

2 been imposed by the court’’ before the period. 

3 (b) PRISONER’S STATEMENT OF ASSETS.—Section 

4 1915 of title 28, United States Code, is amended by add5 ing at the end the following: 

6 ‘‘(f) If a prisoner in a correctional institution files 

7 an affidavit in accordance with subsection (a) of this sec8 tion, such prisoner shall include in that affidavit a state9 ment of all assets such prisoner possesses. The court shall 

10 make inquiry of the correctional institution in which the 

11 prisoner is incarcerated for information available to that 

12 institution relating to the extent of the prisoner’s assets. 

13 The court shall require full or partial payment of filing 

14 fees according to the prisoner’s ability to pay.’’. 

15 TITLE VIII—FURTHER STREAM16 LINING DEPORTATION OF 

17 CRIMINAL ALIENS 

18 SEC. 801. ADDITIONAL EXPANSION OF DEFINITION OF AG19 GRAVATED FELONY. 

20 (a) IN GENERAL.—Section 101(a)(43) of the Immi21 gration and Nationality Act (8 U.S.C. 1101(a)(43)), as 

22 amended by section 222 of the Immigration Technical 

23 Amendments Act of 1994 (Public Law 103–416), is 

24 amended— 


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1 (1) in subparagraph (J), by inserting ‘‘, or an 

2 offense described in section 1084 (if it is a second 

3 or subsequent offense) or 1955 of that title (relating 

4 to gambling offenses),’’ after ‘‘corrupt organiza5 tions)’’; 

6 (2) in subparagraph (K)— 

7 (A) by striking ‘‘or’’ at the end of clause 

8 (i), 

9 (B) by redesignating clause (ii) as clause 

10 (iii), and 

11 (C) by inserting after clause (i) the fol12 lowing new clause: 

13 ‘‘(ii) is described in section 2421, 

14 2422, or 2423 of title 18, United States 

15 Code (relating to transportation for the 

16 purpose of prostitution) for commercial ad17 vantage; or’’; 

18 (3) in subparagraph (N), by striking ‘‘of title 

19 18, United States Code’’; 

20 (4) in subparagraph (O), by striking ‘‘which 

21 constitutes’’ and all that follows up to the semicolon 

22 at the end and inserting ‘‘, for the purpose of com23 mercial advantage’’; 

24 (5) by striking ‘‘and’’ at the end of subpara25 graph (P); 


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1 (6) by striking the period at the end of sub2 paragraph (Q) and inserting a semicolon; and 

3 (7) by inserting after subparagraph (Q) the fol4 lowing new subparagraphs: 

5 ‘‘(R) an offense relating to commercial 

6 bribery, counterfeiting, forgery, or trafficking in 

7 vehicles the identification numbers of which 

8 have been altered for which a sentence of 5 

9 years’ imprisonment or more may be imposed; 

10 ‘‘(S) an offense relating to perjury or sub11 ornation of perjury for which a sentence of 5 

12 years’ imprisonment or more may be imposed; 

13 and 

14 ‘‘(T) an offense relating to a failure to ap15 pear before a court pursuant to a court order 

16 to answer to or dispose of a charge of a felony 

17 for which a sentence of 2 years’ imprisonment 

18 or more may be imposed.’’. 

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

20 subsection (a) shall apply to convictions entered on or 

21 after the date of the enactment of this Act, except that 

22 the amendment made by subsection (a)(3) shall take effect 

23 as if included in the enactment of section 222 of the Immi24 gration Technical Amendments Act of 1994. 


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1 SEC. 802. DEPORTATION PROCEDURES FOR CERTAIN 

2 CRIMINAL ALIENS WHO ARE NOT PERMA3 NENT RESIDENTS. 

4 (a) ADMINISTRATIVE HEARINGS.—Section 242A(b) 

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

6 1252a(b)), as added by section 130004(a) of the Violent 

7 Crime Control and Law Enforcement Act of 1994 (Public 

8 Law 103–322), is amended— 

9 (1) in paragraph (2)— 

10 (A) by striking ‘‘and’’ at the end of sub11 paragraph (A) and inserting ‘‘or’’, and 

12 (B) by amending subparagraph (B) to read 

13 as follows: 

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

15 conditional basis (as described in section 216) 

16 at the time that proceedings under this section 

17 commenced.’’; 

18 (2) in paragraph (3), by striking ‘‘30 calendar 

19 days’’ and inserting ‘‘14 calendar days’’; 

20 (3) in paragraph (4)(B), by striking 

21 ‘‘proccedings’’ and inserting ‘‘proceedings’’; and 

22 (4) by adding at the end the following new 

23 paragraph: 

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

25 eligible for any relief from deportation that the AtVerDate Aug 31 2005 08:57 Feb 22, 2008 Jkt 069200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\PICKUP\H3.IH H3

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1 torney General may grant in the Attorney General’s 

2 discretion.’’. 

3 (b) LIMIT ON JUDICIAL REVIEW.—Subsection (d) of 

4 section 106 of the Immigration and Nationality Act (8 

5 U.S.C. 1105a), as added by section 130004(b) of the Vio6 lent Crime Control and Law Enforcement Act of 1994 

7 (Public Law 103–322), is amended to read as follows: 

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

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

10 in section 242A(c) may only challenge whether the alien 

11 is in fact an alien described in such section, and no court 

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

13 (c) PRESUMPTION OF DEPORTABILITY.—Section 

14 242A of the Immigration and Nationality Act (8 U.S.C. 

15 1252a) is amended by inserting after subsection (b) the 

16 following new subsection: 

17 ‘‘(c) PRESUMPTION OF DEPORTABILITY.—An alien 

18 convicted of an aggravated felony shall be conclusively pre19 sumed to be deportable from the United States.’’. 

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

21 this section shall apply to all aliens against whom deporta22 tion proceedings are initiated after the date of the enact23 ment of this Act. 


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1 SEC. 803. RESTRICTING DEFENSES TO DEPORTATION FOR 

2 CERTAIN CRIMINAL ALIENS. 

3 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA4 NENT RESIDENCE.—The last sentence of section 212(c) 

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

6 1182(c)) is amended by striking ‘‘has served for such fel7 ony or felonies’’ and all that follows through the period 

8 and inserting ‘‘has been sentenced for such felony or felo9 nies to a term of imprisonment of at least 5 years, if the 

10 time for appealing such conviction or sentence has expired 

11 and the sentence has become final.’’. 

12 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR13 TATION.—Section 243(h)(2) of such Act (8 U.S.C. 

14 1253(h)(2)) is amended— 

15 (1) by striking ‘‘or’’ at the end of subparagraph 

16 (C), 

17 (2) by inserting ‘‘or’’ at the end of subpara18 graph (D), and 

19 (3) by striking the final sentence and inserting 

20 the following new subparagraph: 

21 ‘‘(E) the alien has been convicted of an ag22 gravated felony.’’. 


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1 SEC. 804. LIMITATION ON COLLATERAL ATTACKS ON UN2 DERLYING DEPORTATION ORDER. 

3 (a) IN GENERAL.—Section 276 of the Immigration 

4 and Nationality Act (8 U.S.C. 1326) is amended by add5 ing at the end the following new subsection: 

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

7 alien may not challenge the validity of the deportation 

8 order described in subsection (a)(1) or subsection (b) un9 less the alien demonstrates that— 

10 ‘‘(1) the alien exhausted any administrative 

11 remedies that may have been available to seek relief 

12 against the order; 

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

14 order was issued improperly deprived the alien of the 

15 opportunity for judicial review; and 

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

17 unfair.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall apply to criminal proceedings initiated 

20 after the date of the enactment of this Act. 

21 SEC. 805. CRIMINAL ALIEN TRACKING CENTER. 

22 Section 130002(a) of the Violent Crime Control and 

23 Law Enforcement Act of 1994 (Public Law 103–312) is 

24 amended to read as follows: 

25 ‘‘(a) OPERATION AND PURPOSE.—The Commissioner 

26 of Immigration and Naturalization, with the cooperation 


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1 of the Director of the Federal Bureau of Investigation and 

2 the heads of other agencies, shall, under the authority of 

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

4 Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien 

5 tracking center. The criminal alien tracking center shall 

6 be used to assist Federal, State, and local law enforcement 

7 agencies in identifying and locating aliens who may be 

8 subject to deportation by reason of their conviction of ag9 gravated felonies.’’. 

10 SEC. 806. MISCELLANEOUS PROVISIONS. 

11 (a) USE OF ELECTRONIC AND TELEPHONIC MEDIA

12 IN DEPORTATION HEARINGS.—The second sentence of 

13 section 242(b) of the Immigration and Nationality Act (8 

14 U.S.C. 1252(b)) is amended by inserting before the period 

15 the following: ‘‘; except that nothing in this subsection 

16 shall preclude the Attorney General from authorizing pro17 ceedings by electronic or telephonic media (with the con18 sent of the alien) or, where waived or agreed to by the 

19 parties, in the absence of the alien’’. 

20 (b) CODIFICATION.— 

21 (1) Section 242(i) of such Act (8 U.S.C. 

22 1252(i)) is amended by adding at the end the fol23 lowing: ‘‘Nothing in this subsection shall be con24 strued to create any substantive or procedural right 

25 or benefit that is legally enforceable by any party 


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1 against the United States or its agencies or officers 

2 or any other person.’’. 

3 (2) Section 225 of the Immigration Technical 

4 Amendments Act of 1994 (Public Law 103–416) is 

5 amended by striking ‘‘and nothing in’’ and all that 

6 follows through ‘‘1252(i))’’. 

7 (3) The amendments made by this subsection 

8 shall take effect as if included in the enactment of 

9 the Immigration Technical Amendments Act of 1994 

10 (Public Law 103–416). 

11 SEC. 807. CONSTRUCTION OF EXPEDITED DEPORTATION 

12 REQUIREMENTS. 

13 No amendment made by this title shall be construed 

14 to create any substantive or procedural right or benefit 

15 that is legally enforceable by any party against the United 

16 States or its agencies or officers or any other person. 

17 TITLE IX—AMENDMENTS TO VIO18 LENT CRIME CONTROL AND 

19 LAW ENFORCEMENT ACT 

20 SEC. 901. PRISONS. 

21 Subtitle A of title II of the Violent Crime Control 

22 and Law Enforcement Act of 1994 is repealed. 

23 SEC. 902. CRIME PREVENTION. 

24 Subtitles A through S and subtitle X of title III of 

25 the Violent Crime Control and Law Enforcement Act of 


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1 1994 are repealed and the provisions of law amended by 

2 such subtitles shall read as if the amendments made by 

3 such subtitles had not been enacted. 

Æ 

HR 3 SC——2 

HR 3 SC——3 

HR 3 SC——4 

HR 3 SC——5 

HR 3 SC——6 


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