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(A) by striking ‘‘(a) IN GENERAL.—’’ and
inserting ‘‘(b) DEPORTATION OF PERMANENT
RESIDENT ALIENS.—(1) IN GENERAL.’’; and
(B) by inserting in the first sentence ‘‘per-
manent resident’’ after ‘‘correctional facilities
for’’.
(2) In subsection (b)—
(A) by striking ‘‘(b) IMPLEMENTATION—’’
and inserting ‘‘(2) IMPLEMENTATION.—’’; and
(B) by striking ‘‘respect to an’’ and insert-
ing ‘‘respect to a permanent resident’’.
(3) By striking out subsection (c).
(4) In subsection (d)—
(A) by striking ‘‘(d) EXPEDITED PRO-
CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE-
DITED PROCEEDINGS.—(A)’’;
(B) by inserting ‘‘permanent resident’’
after ‘‘in the case of any’’; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’.
(5) In subsection (e)—
(A) by striking ‘‘(e) REVIEW.—(1)’’ and
inserting ‘‘(4) REVIEW.—(A)’’;
(B) by striking the second sentence; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’.
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(6) By inserting after the section heading the
following new subsection:
‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien
convicted of an aggravated felony shall be conclusively pre-
sumed to be deportable from the United States.’’.
(7) The heading of such section is amended to
read as follows:
‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF
COMMITTING AGGRAVATED FELONIES’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens against whom deporta-
tion proceedings are initiated after the date of enactment
of this Act.
SEC. 906. JUDICIAL DEPORTATION.
(a) JUDICIAL DEPORTATION.—Section 242A of the
Immigration and Nationality Act (8 U.S.C. 1252a) is
amended by inserting at the end the following new sub-
section:
‘‘(d) JUDICIAL DEPORTATION.—
‘‘(1) AUTHORITY.—Notwithstanding any other
provision of this Act, a United States district court
shall have jurisdiction to enter a judicial order of de-
portation at the time of sentencing against an alien
whose criminal conviction causes such alien to be de-
portable under section 241(a)(2)(A)(iii) (relating to
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conviction of an aggravated felony), if such an order
has been requested prior to sentencing by the United
States Attorney with the concurrence of the Com-
missioner.
‘‘(2) PROCEDURE.—
‘‘(A) The United States Attorney shall pro-
vide notice of intent to request judicial deporta-
tion promptly after the entry in the record of
an adjudication of guilt or guilty plea. Such no-
tice shall be provided to the court, to the alien,
and to the alien’s counsel of record.
‘‘(B) Notwithstanding section 242B, the
United States Attorney, with the concurrence of
the Commissioner, shall file at least 20 days
prior to the date set for sentencing a charge
containing factual allegations regarding the
alienage of the defendant and satisfaction by
the defendant of the definition of aggravated
felony.
‘‘(C) If the court determines that the de-
fendant has presented substantial evidence to
establish prima facie eligibility for relief from
deportation under section 212(c), the Commis-
sioner shall provide the court with a rec-
ommendation and report regarding the alien’s
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eligibility for relief under such section. The
court shall either grant or deny the relief
sought.
‘‘(D)(i) The alien shall have a reasonable
opportunity to examine the evidence against
him or her, to present evidence on his or her
own behalf, and to cross-examine witnesses pre-
sented by the Government.
‘‘(ii) The court, for the purposes of deter-
mining whether to enter an order described in
paragraph (1), shall only consider evidence that
would be admissible in proceedings conducted
pursuant to section 242(b).
‘‘(iii) Nothing in this subsection shall limit
the information a court of the United States
may receive or consider for the purposes of im-
posing an appropriate sentence.
‘‘(iv) The court may order the alien de-
ported if the Attorney General demonstrates by
clear and convincing evidence that the alien is
deportable under this Act.
‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU-
DICIAL ORDER OF DEPORTATION.—
‘‘(A)(i) A judicial order of deportation or
denial of such order may be appealed by either
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party to the court of appeals for the circuit in
which the district court is located.
‘‘(ii) Except as provided in clause (iii),
such appeal shall be considered consistent with
the requirements described in section 106.
‘‘(iii) Upon execution by the defendant of
a valid waiver of the right to appeal the convic-
tion on which the order of deportation is based,
the expiration of the period described in section
106(a)(1), or the final dismissal of an appeal
from such conviction, the order of deportation
shall become final and shall be executed at the
end of the prison term in accordance with the
terms of the order.
‘‘(B) As soon as is practicable after entry
of a judicial order of deportation, the Commis-
sioner shall provide the defendant with written
notice of the order of deportation, which shall
designate the defendant’s country of choice for
deportation and any alternate country pursuant
to section 243(a).
‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a
request for a judicial order of deportation shall not
preclude the Attorney General from initiating depor-
tation proceedings pursuant to section 242 upon the
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same ground of deportability or upon any other
ground of deportability provided under section
241(a).’’.
(b) TECHNICAL AND CONFORMING CHANGES.—The
ninth sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by striking
out ‘‘The’’ and inserting in lieu thereof ‘‘Except as pro-
vided in section 242A(d), the’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens whose adjudication of
guilt or guilty plea is entered in the record after the date
of enactment of this Act.
SEC. 907. RESTRICTING DEFENSES TO DEPORTATION FOR
CERTAIN CRIMINAL ALIENS.
(a) DEFENSES BASED ON SEVEN YEARS OF PERMA-
NENT RESIDENCE.—The last sentence of section 212(c)
of the Immigration and Nationality Act (8 U.S.C.
1182(c)) is amended by striking out ‘‘has served for such
felony or felonies’’ and all that follows through the period
and inserting in lieu thereof ‘‘has been sentenced for such
felony or felonies to a term of imprisonment of at least
5 years: Provided, That the time for appealing such con-
viction or sentence has expired and the sentence has be-
come final.’’.
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(b) DEFENSES BASED ON WITHHOLDING OF DEPOR-
TATION.—Section 243(h)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1253(h)(2)) is amended by—
(1) striking out the final sentence and inserting
in lieu thereof the following new subparagraph:
‘‘(E) the alien has been convicted of an ag-
gravated felony.’’; and
(2) striking out the ‘‘or’’ at the end of subpara-
graph (C) and inserting ‘‘or’’ at the end of subpara-
graph (D).
SEC. 908. ENHANCING PENALTIES FOR FAILING TO DE-
PART, OR REENTERING, AFTER FINAL ORDER
OF DEPORTATION.
(a) FAILURE TO DEPART.—Section 242(e) of the Im-
migration and Nationality Act (8 U.S.C. 1252(e)) is
amended—
(1) by striking out ‘‘paragraph (2), (3), or (4)
of’’ the first time it appears, and
(2) by striking out ‘‘shall be imprisoned not
more than ten years’’ and inserting in lieu thereof,
‘‘shall be imprisoned not more than two years, or
shall be imprisoned not more than ten years if the
alien is a member of any of the classes described in
paragraph (2), (3), or (4) of section 241(a).’’.
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SEC. 
910. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR
CRIMINAL ALIEN INFORMATION SYSTEM.
There is authorized to be appropriated to carry out
section 242(a)(3)(A) of the Immigration and Nationality
Act, $5,000,000 for fiscal year 1996 and $2,000,000 for
each of the fiscal years 1997, and 1998.
TITLE X—ENHANCED GUN PENALTIES
SEC. 1001. ENHANCED PENALTIES FOR PERSONS CON-
VICTED OF USING OR CARRYING A FIREARM
DURING AND IN RELATION TO A FELONY.
(a) IN GENERAL.—Section 924(c) of title 18, United
States Code, is amended to read as follows:
‘‘(c) Whoever, during and in relation to a crime that
is a felony (including a felony which provides for an en-
hanced punishment if committed by the use of a deadly
or dangerous weapon or device) for which he may be pros-
ecuted in a court of the United States, uses or carries a
firearm, shall, in addition to the punishment provided for
such crime, be sentenced to imprisonment for 5 years, and
if the firearm is a short-barreled rifle or short-barreled
shotgun, to imprisonment for 10 years, and if the firearm
is a machinegun or destructive device, or is equipped with
a firearm silencer or firearm muffler, to imprisonment for
30 years. In the case of the 2nd or subsequent conviction
of the person under this subsection, the person shall be
sentenced to life imprisonment without release. Notwith-
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standing any other provision of law, a term of imprison-
ment imposed under this subsection shall not run concur-
rently with any other term of imprisonment including that
imposed for the crime in which the firearm was used or
carried.’’.
(b) CONFORMING AMENDMENT.—Section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)) is amended by inserting ‘‘(as in effect imme-
diately before the enactment of the Gun Crime Control
Act)’’ after ‘‘18’’ the first place such term appears.
SEC. 1002. MANDATORY MINIMUM SERVICE FOR UNLAWFUL
POSSESSION OF A FIREARM BY CONVICTED
FELON, FUGITIVE FROM JUSTICE, ADDICT OR
UNLAWFUL 
USER 
OF 
CONTROLLED 
SUB-
STANCE, OR TRANSFEROR OR RECEIVER OF
STOLEN FIREARM.
Section 924(a) of title 18, United States Code, is
amended by adding at the end the following:
‘‘(6) Whoever knowingly possesses a firearm in
violation of paragraph (1), (2), or (3) of section
922(g), or in violation of subsection (i) of (j), shall
be imprisoned not less than 5 years. Notwithstand-
ing any other provision of law, the court shall not
place on probation or suspend the sentence of any
person convicted under this paragraph, nor shall the
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term of imprisonment imposed under this paragraph
run concurrently with any other term of imprison-
ment imposed under any other provision of law.’’.
SEC. 1003. INCREASE IN GENERAL PENALTY FOR VIOLA-
TION OF FEDERAL FIREARMS LAWS.
Section 924(a)(1) of title 18, United States Code, is
amended—
‘‘(1) by striking ‘‘not more than $5,000’’ and
inserting ‘‘under this title’’; and
‘‘(2) by striking ‘‘five’’ and inserting ‘‘10’’.
TITLE XI—VIOLENT CRIME REDUCTION
TRUST FUND
SEC. 1101. CREATION OF VIOLENT CRIME REDUCTION
TRUST FUND
(a) VIOLENT CRIME REDUCTION TRUST FUND.—
There is established a separate account in the Treasury,
known as the ‘‘Violent Crime Reduction Trust Fund’’ (re-
ferred to in this section as the ‘‘Fund’’) into which shall
be transferred, in accordance with subsection (b), savings
realized from implementation of section 5 of the Federal
Workforce Restructuring Act of 1994 (5 U.S.C. 3101
note; Public Law 103–226).
(b) TRANSFERS INTO THE FUND.—On the first day
of the following fiscal years (or as soon thereafter as pos-
sible for fiscal year 1995), such sums as may be necessary
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shall be transferred from the general fund to the Fund
for fiscal years 1995, 1996, 1997, and 1998.
(c) 
APPROPRIATIONS
FROM
THE
FUND.—(1)
Amounts in the Fund may be appropriated exclusively for
the purposes authorized in this Act and for those expenses
authorized by any Act enacted before this Act that are
expressly qualified for expenditure from the Fund.
(2) Amounts appropriated under paragraph (1) and
outlays flowing from such appropriations shall not be
taken into account for purposes of any budget enforce-
ment procedures under the Balanced Budget and Emer-
gency Deficit Control Act of 1985 except section 251A of
that Act as added by subsection (g), or for purposes of
section 605(b) of the Congressional Budget Act of 1974.
Amounts of new budget authority and outlays under para-
graph (1) that are included in concurrent resolutions on
the budget shall not be taken into account for purposes
of sections 601(b), 606(b), and 606(c) of the Congres-
sional Budget Act of 1974, or for purposes of section 24
of House Concurrent Resolution 218 (One Hundred Third
Congress).
(d) LISTING OF THE FUND AMONG GOVERNMENT
TRUST FUNDS.—Section 1321(a) of title 31, United
States Code, is amended by inserting at the end the follow-
ing new paragraph:
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‘‘(91) Violent crime reduction trust funds.’’.
(e) REQUIREMENT FOR THE PRESIDENT TO REPORT
ANNUALLY ON THE STATUS OF THE TRUST FUND.—Sec-
tion 1105(a) of title 31, United States Code, is amended
by adding at the end the following new paragraphs:
‘‘(30) information about the Violent Crime Re-
duction Trust Fund, including a separate statement
of amounts in that Trust Fund.
‘‘(31) an analysis displaying, by agency, pro-
posed reductions in full-time equivalent positions
compared to the current year’s level in order to com-
ply with section 5 of the Federal Workforce Restruc-
turing Act of 1994.’’.
(f) ALLOCATION AND SUBALLOCATION OF AMOUNTS
IN THE FUNDS.—
(1) IN GENERAL.—Section 602(a) of the Con-
gressional Budget Act of 1974 is amended—
(A) in paragraph (1)(A) by striking ‘‘and’’
at the end of clause (ii), by striking the semi-
colon and inserting a comma at the end of
clause (iii), and by adding after the clause (iii)
the following:
‘‘(iv) new budget authority from the
Violet Crime Reduction Trust Fund, and
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‘‘(v) outlays from the Violent Crime
Reduction Trust Fund;’’;
(B) in paragraph (2) by striking ‘‘and’’ at
the end of subparagraph (B) and by adding
after subparagraph (C) the following:
‘‘(D) new budget authority from the Vio-
lent Crime Reduction Trust Fund; and
‘‘(E) outlay from the Violent Crime Reduc-
tion Trust Fund;’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) NO
DOUBLE
COUNTING.—Amounts allo-
cated among committees under clause (iv) or (v) of
paragraph (1)(A) or under subparagraph (D) or (E)
of paragraph (2) shall not be included within any
other allocation under that paragraph.’’.
(2) FISCAL YEAR 1996.—The chairman of the
Committee on the Budget shall submit to the House
of Representatives or the Senate, as the case may
be, appropriately revised allocations under clauses
(iv) and (v) of paragraph (1)(A) or subparagraphs
(D) and E) of paragraph (2) of section 602(a) of the
Congressional Budget Act of 1974 for fiscal year
1996 to carry out subsection (b)(1).
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SEC. 1102. EXTENSION OF AUTHORIZATIONS OF APPRO-
PRIATIONS FOR FISCAL YEARS FOR WHICH
THE FULL AMOUNT AUTHORIZED IS NOT
APPROPRIATED.
If, in making an appropriation under any provision
of this Act or amendment made by this Act that author-
izes the making of an appropriation for a certain purpose
for a certain fiscal year in a certain amount, the Congress
makes an appropriation for that purpose for that fiscal
year in a lesser amount, that provision or amendment shall
be considered to authorize the making of appropriations
for that purpose for later fiscal years in an amount equal
to the difference between the amount authorized to be ap-
propriated and the amount that has been appropriated.
SED. 1103. FLEXIBILITY IN MAKING OF APPROPRIATIONS.
(a) FEDERAL LAW ENFORCEMENT.—In the making
of appropriations under any provision of this Act or
amendment made by this Act that authorizes the making
of an appropriation for a Federal law enforcement pro-
gram for a certain fiscal year in a certain amount out of
the Violent Crime Reduction Trust Fund, not to exceed
10 percent of that amount is authorized to be appro-
priated for that fiscal year for any other Federal law en-
forcement program for which appropriations are author-
ized by any other Federal law enforcement provision of
this Act or amendment made by this Act. The aggregate
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reduction in the authorization for any particular Federal
law enforcement program may not exceed 10 percent of
the total amount authorized to be appropriated from the
Violent Crime Reduction Trust Fund for that program in
this Act or amendment made by this Act.
(b) STATE AND LOCAL ENFORCEMENT.—In the mak-
ing of appropriations under any provision of this Act or
amendment made by this Act that authorizes the making
of an appropriation for a State and local law enforcement
program for a certain fiscal year in a certain amount out
of the Violent Crime Reduction Trust Fund, not to exceed
10 percent of that amount is authorized to be appro-
priated for that fiscal year for any other State and local
law enforcement program for which appropriations are au-
thorized by any other State and local law enforcement pro-
vision of this Act or amendment made by this Act. The
aggregate reduction in the authorization for any particular
State and local law enforcement program may not exceed
10 percent of the total amount authorized to be appro-
priated from the Violent Crime Reduction Trust Fund for
that program in this Act or amendment made by this Act.
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TITLE XII—MANDATORY LIFE IMPRISON-
MENT FOR PERSONS CONVICTED OF
CERTAIN FELONIES
SEC. 1201. MANDATORY LIFE IMPRISONMENT FOR PER-
SONS CONVICTED OF CERTAIN FELONIES.
Section 3559 of title 18, United States Code, is
amended—
(1) in subsection (b), by striking ‘‘An’’ and in-
serting ‘‘Except as provided in subsection (c), an’’ in
lieu thereof; and
(2) by adding the following new subsection at
the end:
‘‘(c) IMPRISONMENT
OF CERTAIN VIOLENT FEL-
ONS.—
‘‘(1) MANDATORY LIFE IMPRISONMENT.—Not-
withstanding any other provision of law, a person
who is convicted in a court of the United States of
a serious violent felony shall be sentenced to life im-
prisonment if—
‘‘(A) the person has been convicted (and
those convictions have become final) on sepa-
rate prior occasions in a court of the United
States or of a State of—
‘‘(i) two or more serious violent felo-
nies; or
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‘‘(ii) one or more serious violent felo-
nies and one or more serious drug offenses;
and
‘‘(B) each serious violent felony or serious
drug offense used as a basis for sentencing
under this subsection, other than the first, was
committed after the defendant’s conviction of
the preceding serious violent felony or serious
drug offense.
‘‘(2) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) the term ‘assault with intent to com-
mit rape’ means an offense that has as its ele-
ments engaging in physical contact by which a
person intentionally places another person in
fear of aggravated sexual abuse or sexual abuse
(as described in sections 2241 and 2242);
‘‘(B) the term ‘arson’ means an offense
that has as its elements maliciously damaging
or destroying any building, inhabited structure,
vehicle, vessel, or real property by means of fire
or an explosive;
‘‘(C) the term ‘extortion’ means an offense
that has as its elements the extraction of any-
thing of value from another person by threaten-
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ing or placing that person in fear of injury to
any person or kidnapping of any person;
‘‘(D) the term ‘firearms use’ means an of-
fense that has as its elements those described
in section 924(c) or 929(a), if the firearm was
brandished, discharged, or otherwise used as a
weapon and the crime of violence or drug traf-
ficking crime during and relation to which the
firearm was used was subject to prosecution in
a court of the United States or a court of a
State, or both;
‘‘(E) the term ‘kidnapping’ means an of-
fense that has as its elements the abduction, re-
straining, confining, or carrying away of an-
other person by force or threat of force;
‘‘(F) the term ‘serious violent felony’
means—
‘‘(i) a Federal or State offense, by
whatever designation and wherever com-
mitted, consisting of murder (as described
in section 1111); manslaughter other than
involuntary manslaughter (as described in
section 1112); assault with intent to com-
mit murder (as described in section
113(a)); assault with intent to commit
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rape; aggravated sexual abuse and sexual
abuse (as described in sections 2241 and
2242); abusive sexual contact (as described
in sections 2244 (a)(1) and (a)(2)); kid-
napping; aircraft piracy (as described in
section 46502 of title 49); robbery (as de-
scribed in section 2111, 2113, or 2118);
carjacking (as described in section 2119);
extortion; arson; firearms use; or attempt,
conspiracy, or solicitation to commit any of
the above offenses; and
‘‘(ii) any other offense punishable by
a maximum term of imprisonment of 10
years or more that has as an element the
use, attempted use, or threatened use of
physical force against the person of an-
other or that, by its nature, involves a sub-
stantial risk that physical force against the
person of another may be used in the
course of committing the offense;
‘‘(G) the term ‘State’ means a State of the
United States, the District of Columbia, and a
commonwealth, territory, or possession of the
United States; and
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‘‘(H) the term ‘serious drug offense’
means—
‘‘(i) an offense that is punishable
under section 401(b)(1)(A) or 408 of the
Controlled Substances Act (21 U.S.C.
841(b)(1)(A), 
848) 
or 
section
1010(b)(1)(A) of the Controlled Sub-
stances Import and Export Act (21 U.S.C.
960(b)(1)(A)); or
‘‘(ii) an offense under State law that,
had the offense been prosecuted in a court
of the United States would have been pun-
ished under section 401(b)(1)(A) or 408 of
the Controlled Substances Act (21 U.S.C.
841(b)(1)(A), 
848) 
or 
section
1010(b)(1)(A) of the Controlled Sub-
stances Import and Export Act (21 U.S.C.
960(b)(1)(A)).
‘‘(3) NONQUALIFYING FELONIES.—
‘‘(A) ROBBERY IN CERTAIN CASES.—Rob-
bery, an attempt, conspiracy, or solicitation to
commit robbery; or an offense described in
paragraph (2)(F)(ii) shall not serve as a basis
for sentencing under this subsection if the de-
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fendant establishes by clear and convincing evi-
dence that—
‘‘(i) no firearm or other dangerous
weapon was used in the offense and no
threat of use of a firearm or other dan-
gerous weapon was involved in the offense;
and
‘‘(ii) the offensive did not result in
death or serious bodily injury (as defined
in section 1365) to any person.
‘‘(B) ARSON
IN
CERTAIN
CASES.—Arson
shall not serve as a basis for sentencing under
this subsection if the defendant establishes by
clear and convincing evidence that—
‘‘(i) the offense posed no threat to
human life; and
‘‘(ii) the defendant reasonably believed
the offense posed no threat to human life.
‘‘(4) INFORMATION FILED BY UNITED STATES
ATTORNEY.—The provisions of section 411(a) of the
Controlled Substances Act (21 U.S.C. 851(a)) shall
apply to the imposition of sentence under this sub-
section.
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‘‘(5) RULE
OF
CONSTRUCTION.—This sub-
section shall not be construed to preclude imposition
of the death penalty.
‘‘(6) SPECIAL
PROVISION
FOR
INDIAN
COUN-
TRY.—No person subject to criminal jurisdiction of
an Indian tribal government shall be subject to this
subsection for any offense for which Federal juris-
diction is solely predicated on Indian country (as de-
fined in section 1151) and which occurs within the
boundaries of such Indian country unless the gov-
erning body of the tribe has elected that this sub-
section have effect over land and persons subject to
the criminal jurisdiction of the tribe.
‘‘(7) RESENTENCING UPON OVERTURNING OF
PRIOR CONVICTION.—If the conviction for a serious
violent felony or serious drug offense that was a
basis for sentencing under this subsection is found,
pursuant to any appropriate State or Federal proce-
dure, to be unconstitutional or is vitiated on the ex-
plicit basis of innocence, or if the convicted person
is pardoned on the explicit basis of innocence, the
person serving a sentence imposed under this sub-
section shall be resentenced to any sentence that was
available at the time of the original sentencing.’’.
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SEC. 1202. LIMITED GRANT OF AUTHORITY TO BUREAU OF
PRISONS.
Section 3582(c)(1)(A) of title 18, United States
Code, is amened—
(1) so that the margin of the matter starting
with ‘‘extraordinary’’ and ending with ‘‘reduction’’
the first place it appears is indented an additional
two ems;
(2) by inserting a one-em dash after ‘‘that’’ the
second place it appears;
(3) by inserting a semicolon after ‘‘reduction’’
the first place it appears;
(4) by indenting the first line of the matter re-
ferred to in paragraph (1) and designating that mat-
ter as clause (i); and
(5) by inserting after such matter the following:
‘‘(ii) the defendant is at least 70 years
of age, has served at least 30 years in pris-
on, pursuant to a sentence imposed under
section 3559(c), for the offense or offenses
for which the defendant is currently im-
prisoned, and a determination has been
made by the Director of Prisons that the
defendant is not a danger to the safety of
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any other person or the community; as
provided under section 3142(g);’’.
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