I
104TH CONGRESS
1ST SESSION
H. R. 920
To repeal the Violent Crime Control and Law Enforcement Act of 1994
and to combat crime.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 13, 1995
Mr. VOLKMER (for himself, Mr. BREWSTER, Mr. TAYLOR of Mississippi, Mr.
PETERSON of Minnesota, Mr. SKELTON, Mr. RAHALL, Mr. STENHOLM,
Mr. MYERS of Indiana, and Mr. QUILLEN) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To repeal the Violent Crime Control and Law Enforcement
Act of 1994 and to combat crime.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Back-To-Basics Crime Control Act of 1995’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
TITLE I—REPEAL OF THE VIOLENT CRIME CONTROL AND LAW
ENFORCEMENT ACT OF 1994
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Sec. 101. Repeal.
TITLE II—GRANTS FOR CORRECTIONAL FACILITIES
Sec. 201. Grants authorized.
Sec. 202. Limitation of funds.
Sec. 203. Definitions.
TITLE III—STATE AND LOCAL LAW ENFORCEMENT GRANTS
Sec. 301. Grants authorized.
TITLE IV—PROTECTION AGAINST SEXUALLY VIOLENT
PREDATORS
Sec. 401. Definitions.
Sec. 402. Establishment of program.
TITLE V—ELIMINATION OF UNNECESSARY AND REDUNDANT
APPEALS; ENFORCEMENT OF DEATH PENALTY
Sec. 501. Period of limitation for filing writ of habeas corpus following final
judgment of a State Court.
Sec. 502. Authority of Appellate Judges to issue certificates of probable cause
for appeal in habeas corpus and Federal collateral relief pro-
ceedings.
Sec. 503. Conforming amendment to the rules of appellate procedure.
Sec. 504. Discretion to deny habeas corpus application despite failure to ex-
haust State remedies.
Sec. 505. Period of limitation for Federal prisoners filing for collateral remedy.
Sec. 506. Special procedures for collateral proceedings in capital cases.
TITLE VI—REFORM OF ‘‘EXCLUSIONARY RULE’’
Sec. 601. Reform of exclusionary rule.
TITLE VII—TRUTH-IN-SENTENCING
Sec. 701. Release of prisoner.
Sec. 702. Computation generally.
TITLE VIII—PRISON WORK REQUIRED; LUXURIES ABOLISHED
Sec. 801. Luxuries abolished.
Sec. 802. Award of Pell Grants to prisoners prohibited.
TITLE IX—IMPROVING BORDER CONTROLS
Sec. 901. Grants for border control.
Sec. 902. Expediting criminal alien deportation and exclusion.
Sec. 903. Authorizing registration of aliens on criminal probation or criminal
parole.
Sec. 904. Expansion in definition of ‘‘aggravated felony’’.
Sec. 905. Deportation procedures for certain criminal aliens who are not per-
manent residents.
Sec. 906. Judicial deportation.
Sec. 907. Restricting defenses to deportation for certain criminal aliens.
Sec. 908. Enhancing penalties for failing to depart, or reentering, after final
order of deportation.
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Sec. 909. Miscellaneous and technical changes.
Sec. 910. Authorization of appropriations for criminal alien information system.
TITLE X—ENHANCED GUN PENALTIES
Sec. 1001. Enhanced penalties for persons convicted of using or carrying a fire-
arm during and in relation to a felony.
Sec. 1002. Mandatory minimum sentence for unlawful possession of a firearm
by convicted felon, fugitive from justice, addict or unlawful
user of controlled substance, or transferor or receiver of stolen
firearm.
TITLE XI—VIOLENT CRIME REDUCTION TRUST FUND
Sec. 1101. Creation of Violent Crime Reduction Trust Fund.
Sec. 1102. Extension of authorizations of appropriations for fiscal years for
which the full amount authorized is not appropriated.
Sec. 1103. Flexibility in making of appropriations.
TITLE XII—MANDATORY LIFE IMPRISONMENT FOR PERSONS
CONVICTED OF CERTAIN FELONIES
Sec. 1201. Mandatory life imprisonment for persons convicted of certain felo-
nies.
Sec. 1202. Limited grant of authority to Bureau of Prisons.
TITLE I—REPEAL OF THE VIOLENT CRIME
CONTROL AND LAW ENFORCEMENT
ACT OF 1994
SEC 101. REPEAL.
(a) REPEAL.—Public Law 103–322, the Violent
Crime Control and Law Enforcement Act of 1994 is here-
by repealed, effective October 1, 1995.
TITLE II—GRANTS FOR CORRECTIONAL
FACILITIES
SEC. 201. GRANTS AUTHORIZED.
(a) GRANT AUTHORIZATION.—The Attorney General
shall make grants to individual States to construct, ex-
pand, and improve prisons and jails.
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(b) 
AMOUNTS
AUTHORIZED.—Grants 
totalling
$3,000,000,000 shall be made to each State not later than
October 30, 1995, and grants to each State totalling
$3,000,000,000 shall be made annually thereafter in each
of the years from fiscal year 1997 through fiscal year
1998.
(c) GRANT ALLOCATION.—All such grants shall be
made without conditions imposed by the Federal Govern-
ment, notwithstanding any other provision of Federal law,
except to comply with the provisions of this title and that
the use of such funds shall be exclusively for the construc-
tion of prisons and jails. States shall be encouraged to al-
locate appropriate portions of their grants to local govern-
ments within their jurisdictions for the construction of
jails.
(d) AUTHORIZATION OF APPROPRIATION.—There are
authorized to be appropriated to carry out this title
$3,000,000,000 for each of fiscal years 1996, 1997, and
1998. All such moneys shall be appropriated from the Vio-
lent Crime Reduction Trust Fund.
(e) DISTRIBUTION
OF FUNDS
IN FISCAL YEAR
1996.—Of the total amount of funds appropriated under
this title in fiscal year 1996, there shall be allocated to
each State an amount which bears the same ratio to the
amount of funds appropriated pursuant to this title as the
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number of part I violent crimes reported by the States
to the Federal Bureau of Investigation for 1993 bears to
the number of part I violent crimes reported by all States
to the Federal Bureau of Investigation for 1993.
(f) DISTRIBUTION OF FUNDS IN FISCAL YEAR 1997
AND 1998.—75 percent of the total amount of funds ap-
propriated under this title in fiscal year 1997 and 1998,
shall be allocated to each State according to the formula
established in subsection (e) adjusted to reflect in each
year the most recent data from the Federal Bureau of In-
vestigation reporting part I violent crimes.
SEC. 202. LIMITATIONS OF FUNDS.
(a) NONSUPPLANTING REQUIREMENT.—Funds made
available under the title shall not be used to supplant
State funds, but shall be used to increase the amount of
funds that would, in the absence of Federal funds, be
made available from State sources.
(b) ADMINISTRATIVE COSTS.—Not more than 3 per-
cent of the funds available under the title may be used
for administrative costs.
(c) MATCHING FUNDS.—The portion of the costs of
a program provided by a grant under this title shall be
90 percent of the total costs of the program as described
in application.
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(d) CARRY OVER OF APPROPRIATIONS.—Any funds
appropriated but not expended as provided by this section
during any fiscal year shall be carried over and will be
made available until expended.
SEC. 203. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘violent crime’’ means—
(A) a felony offense that has as an element
the use, attempted use, or threatened use of
physical force against the person of another, or
(B) any other offense that is a felony and
that, by its nature, involves substantial risk
that physical force against the person of an-
other may be used in the course of committing
the offense;
(2) the term ‘‘serious drug offender’’ has the
same 
meaning 
as 
that 
is 
used 
in 
section
924(e)(2)(A) of title 18, United States Code;
(3) the term ‘‘State’’ means any of the United
States and the District of Columbia;
(4) the term ‘‘convicted’’ means convicted and
sentenced to a term in a State corrections institution
or a period of formal probation; and
(5) the term ‘‘part I violent crimes’’ means
murder, rape, robbery, and aggravated assault as
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those offenses are reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Re-
ports.
TITLE III—STATE AND LOCAL LAW
ENFORCEMENT GRANTS
SEC. 301. GRANTS AUTHORIZED.
(a) GRANT AUTHORIZATION.—The Attorney General
shall make grants to individual States to increase the
number of law enforcement officers in service.
(b) 
AMOUNTS
AUTHORIZED.—Grants 
totalling
$3,000,000,000 shall be made to each State not later than
October 30, 1995, and grants to each State totalling
$3,000,000,000 shall be made annually thereafter in each
of the fiscal years from fiscal year 1997 through fiscal
year 1998.
(c) GRANT ALLOCATION.—All such grants shall be
made without conditions imposed by the Federal Govern-
ment, notwithstanding any other provision of Federal law,
except that the use of such funds shall be exclusively to
increase the number of law enforcement officers in service.
(d) GRANT FORMULA.—States shall be required to
allocate 80 percent of their grants to local government for
use by local law enforcement, as nearly as possible in pro-
portion to the populations served by such local law en-
forcement agencies.
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TITLE IV—PROTECTION AGAINST
SEXUALLY VIOLENT PREDATORS
SEC. 401. DEFINITIONS.
As used in this title:
(1) MENTAL ABNORMALITY.—The term ‘‘men-
tal abnormality’’ means a congenital or acquired
condition of a person that affects the emotional or
volitional capacity of the person in a manner that
predisposes the person to the commission of criminal
sexual acts to a degree that makes the person a
menace to the health and safety of other persons.
(2) PREDATORY.—The term ‘‘predatory’’, with
respect to an act, means an act directed toward a
stranger, or a person with whom a relationship has
been established or promoted, for the primary pur-
pose of victimization.
(3) SEXUALLY VIOLENT OFFENSE.—The term
‘‘sexually violent offense’’ means an act that is a vio-
lation of title 18, United States Code or State crimi-
nal code that—
(A) involves the use or attempted or
threatened use of physical force against the per-
son or property of another person; and
(B) is determined beyond a reasonable
doubt to be sexually motivated.
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(4) SEXUALLY VIOLENT PREDATOR.—The term
‘‘sexually violent predator’’ means a person who has
been convicted of a sexually violent offense and who
suffers from a mental abnormality or personality
disorder that makes the person likely to engage in
predatory sexually violent offenses.
SEC. 402. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—
(1) STATE
GUIDELINE.—In accordance with
this section, the Attorney General shall establish
guidelines for State programs to require a sexually
violent predator to register a current address with a
designated State law enforcement agency upon re-
lease from prison, being placed on parole, or being
placed on supervised release. The Attorney General
shall approve each State program that complies with
the guidelines.
(2) STATE COMPLIANCE.—
(A) IMPLEMENTATION
DATE.—A State
that does not implement a program described in
paragraph (1) by the date that is 3 years after
the date of enactment of this Act, and maintain
the implementation thereafter, shall be ineli-
gible for funds in accordance with subpara-
graph (B).
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(B) INELIGIBILITY FOR FUNDS.—
(i) IN GENERAL.—A State that does
not implement the program as described in
subparagraph (A) shall not receive 10 per-
cent of the funds that would otherwise be
allocated to the State under section 506 of
the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3756).
(ii) 
REALLOCATION
OF
FUNDS.—
Funds made available under clause (i)
shall be reallocated, in accordance with
such section, to such States as implement
the program as described in subparagraph
(A).
(b) REGISTRATION REQUIREMENT UPON RELEASE,
PAROLE, OR SUPERVISED RELEASE.—
(1) IN GENERAL.—An approved State program
established in accordance with this section shall con-
tain the requirements described in this section.
(2) DETERMINATION.—The determination that
a person is a ‘‘sexually violent predator’’ and the de-
termination that a person is no longer a ‘‘sexually
violent predator’’ shall be made by the sentencing
court after receiving a report by a board of experts
on sexual offenses. Each State shall establish a
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board composed of experts in the field of the behav-
ior and treatment of sexual offenders.
(3) NOTIFICATION.—If a person who is re-
quired to register under this section is anticipated to
be released from prison, paroled, or placed on super-
vised release, a State prison officer shall, not later
than 90 days before the anticipated date of the re-
lease or commencement of the parole—
(A) inform the person of the duty to reg-
ister;
(B) inform the person that if the person
changes residence address, the person shall give
the new address to a designated State law en-
forcement agency in writing not later than 10
days after the change of address;
(C) obtain the name of the person, identi-
fying factors, anticipated future residence, of-
fense history, and documentation of any treat-
ment received for the mental abnormality or
personality disorder of the person; and
(D) require the person to read and sign a
form stating that the duty of the person to reg-
ister under this section has been explained.
(4) TRANSFER OF INFORMATION TO STATE AND
THE FBI.—Not later than 3 days after the receipt
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of the information described in paragraph (3)(C),
the officer shall forward the information to a des-
ignated State law enforcement agency. As soon as
practicable after the receipt of the information by
the State law enforcement agency, the agency
shall—
(A) enter the information into the appro-
priate State law enforcement record system and
notify the appropriate law enforcement agency
that has jurisdiction over the area in which the
person expects to reside; and
(B) transmit the information to the Identi-
fication Division of the Federal Bureau of In-
vestigation.
(5) QUARTERLY VERIFICATION.—
(A) MAILING TO PERSON.—Not less than
every 90 days after the date of the release or
commencement of parole of a person required to
register under this section, the designated State
law 
enforcement 
agency 
shall 
mail 
a
nonforwardable verification form to the last re-
ported address of the person.
(B) RETURN OF VERIFICATION FORM.—
(i) IN
GENERAL.—The person shall
return, by mail, the verification form to
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the agency not later than 10 days after the
receipt of the form. The verification form
shall be signed by the person, and shall
state that the person continues to reside at
the address last reported to the designated
State law enforcement agency.
(ii) FAILURE TO RETURN.—If the per-
son fails to mail the verification form to
the designated State law enforcement
agency by the date that is 10 days after
the receipt of the form by the person, the
person shall be in violation of this section
unless the person proves that the person
has not changed the residence address of
the person.
(6) NOTIFICATION OF LOCAL LAW ENFORCE-
MENT AGENCIES OF CHANGES IN ADDRESS.—Any
change of address by a person required to register
under this section that is reported to the designated
State law enforcement agency shall as soon as prac-
ticable be reported to the appropriate law enforce-
ment agency that has jurisdiction over the area in
which the person is residing.
(7) PENALTY.—A person required to register
under a State program established pursuant to this
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section who knowingly fails to register and keep the
registration current shall be subject to criminal pen-
alties in the State. It is the sense of Congress that
the penalties should include imprisonment for not
less than 180 days.
(8) TERMINATION
OF
OBLIGATION
TO
REG-
ISTER.—The obligation of a person to register under
this section shall terminate on a determination made
in accordance with the provision of paragraph (2) of
this section that the person no longer suffers from
a mental abnormality or personality disorder that
would make the person likely to engage in a preda-
tory sexually violent offense.
(c) COMMUNITY
NOTIFICATION.—The designated
State law enforcement agency shall release relevant infor-
mation that is necessary to protect the public concerning
a specific sexually violent predator required to register
under this section.
(d) IMMUNITY FOR GOOD FAITH CONDUCT.—Law
enforcement agencies, employees of law enforcement agen-
cies, and State officials shall be immune from liability for
any good faith conduct under this section.
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TITLE V—ELIMINATING EXCESSIVE AND
REDUNDANT APPEALS
SEC. 501. PERIOD OF LIMITATION FOR FILING WRIT OF HA-
BEAS CORPUS FOLLOWING FINAL JUDGMENT
OF A STATE COURT.
Section 2244 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(d) A 1-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in cus-
tody pursuant to the judgment of a State court. The limi-
tation period shall run from the latest of the following
times:
‘‘(1) The time at which State remedies are ex-
hausted.
‘‘(2) The time at which the impediment to filing
an application created by State action in violation of
the Constitution or laws of the United States is re-
moved, where the applicant was prevented from fil-
ing by such State action.
‘‘(3) The time at which the Federal right as-
serted was initially recognized by the Supreme
Court, where the right has been newly recognized by
the Court and is retroactively applicable.
‘‘(4) The time at which the factual predicate of
the claim or claims presented could have been dis-
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covered through the exercise of reasonable dili-
gence.’’.
SEC. 502. AUTHORITY OF APPELLATE JUDGES TO ISSUE
CERTIFICATES OF PROBABLE CAUSE FOR AP-
PEAL IN HABEAS CORPUS AND FEDERAL COL-
LATERAL RELIEF PROCEEDINGS.
Section 2253 of title 28, United States Code, is
amended to read as follows:
‘‘§ 2253. Appeal
‘‘(a) In a habeas corpus proceeding or a proceeding
under section 2255 of this title before a circuit or district
judge, the final order shall be subject to review, on appeal,
by the court of appeals for the circuit where the proceed-
ing is had.
‘‘(b) There shall be no right of appeal from such an
order in a proceeding to test the validity of a warrant to
remove, to another district or place for commitment or
trial, a person charged with a criminal offense against the
United States, or to test the validity of his detention pend-
ing removal proceedings.
‘‘(c) An appeal may not be taken to the court of ap-
peals from the final order in a habeas corpus proceeding
where the detention complained of arises out of process
issued by a State court, or from the final order in a pro-
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ceeding under section 2255 of this title, unless a circuit
justice or judge issues a certificate of probable cause.’’.
SEC. 503. CONFORMING AMENDMENT TO THE RULES OF AP-
PELLATE PROCEDURE.
Federal Rule of Appellate Procedure 22 is amended
to read as follows:
‘‘Rule 22. Habeas Corpus and Section 2255 Proceed-
ings
‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA-
BEAS CORPUS.—An application for a writ of habeas cor-
pus shall be made to the appropriate district court. If an
application is made to a circuit judge, the application will
ordinarily be transferred to the appropriate district court.
If an application is made to or transferred to the district
court and denied, renewal of the application before a cir-
cuit judge is not favored; the proper remedy is by appeal
to the court of appeals from the order of the district court
denying the writ.
‘‘(b) NECESSITY
OF CERTIFICATE
OR PROBABLE
CAUSE FOR APPEAL.—In a habeas corpus proceeding in
which the detention complained of arises out of process
issued by a State court, and in a motion proceeding pursu-
ant to section 2255 of title 28, United States Code, an
appeal by the applicant or movant may not proceed unless
a circuit judge issues a certificate of probable cause. If
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a request for a certificate of probable cause is addressed
to the court of appeals, it shall be deemed addressed to
the judges thereof and shall be considered by a circuit
judge or judges as the court deems appropriate. If no ex-
press request for a certificate is filed, the notice of appeal
shall be deemed to constitute a request addressed to the
judges of the court of appeals. If an appeal is taken by
a State or the Government or its representative, a certifi-
cate of probable cause is not required.’’.
SEC. 504. DISCRETION TO DENY HABEAS CORPUS APPLICA-
TION DESPITE FAILURE TO EXHAUST STATE
REMEDIES.
Section 2254(b) of title 28, United States Code, is
amended to read as follows:
‘‘(b) An application for a writ of habeas corpus in
behalf of a person in custody pursuant to the judgment
of a State court shall not be granted unless it appears
that the applicant has exhausted the remedies available
in the courts of the State, or that there is either an ab-
sence of available State corrective process or the existence
of circumstances rendering such process ineffective to pro-
tect the rights of the applicant. An application may be
denied on the merits notwithstanding the failure of the
applicant to exhaust the remedies available in the courts
of the State.’’.
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SEC. 505. PERIOD OF LIMITATION FOR FEDERAL PRIS-
ONERS FILING FOR COLLATERAL REMEDY.
Section 2255 of title 28, United States Code, is
amended by striking the second paragraph and the penul-
timate paragraph thereof, and by adding at the end the
following new paragraphs:
‘‘A 2-year period of limitation shall apply to a motion
under this section. The limitation period shall run from
the latest of the following times:
‘‘(1) The time at which the judgment of convic-
tion becomes final.
‘‘(2) The time at which the impediment to mak-
ing a motion created by governmental action in vio-
lation of the Constitution or laws of the United
States is removed, where the movant was prevented
from making a motion by such governmental action.
‘‘(3) The time at which the right asserted was
initially recognized by the Supreme Court, where the
right has been newly recognized by the Court and is
retroactively applicable.
‘‘(4) The time at which the factual predicate of
the claim or claims presented could have been dis-
covered through the exercise of reasonable dili-
gence.’’.
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SEC. 506. SPECIAL PROCEDURES FOR COLLATERAL PRO-
CEEDINGS IN CAPITAL CASES.
Title 28, United States Code, is amended by inserting
the following new chapter immediately following chapter
153:
‘‘CHAPTER 154—HABEAS CORPUS PROCEDURES
IN CAPITAL CASES
‘‘Sec.
‘‘2256. Prisoners in State custody subject to capital sentence; appointment of
counsel; requirement of rule of court or statute; procedures for
appointment.
‘‘2257. Mandatory stay of execution; duration; limits on stays of execution; suc-
cessive petitions.
‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules.
‘‘2259. Evidentiary hearings; scope of Federal review; district court adjudica-
tion.
‘‘2260. Certificate of probable cause inapplicable.
‘‘2261. Application to State unitary review procedures.
‘‘2262. Limitation periods for determining petitions.
‘‘2263. Rule of construction.
‘‘SEC. 2256. PRISONERS IN STATE CUSTODY SUBJECT TO
CAPITAL 
SENTENCE; 
APPOINTMENT 
OF
COUNSEL; 
REQUIREMENT 
OF 
RULE 
OF
COURT OR STATUTE; PROCEDURES FOR AP-
POINTMENT.
‘‘(a) This chapter shall apply to cases arising under
section 2254 brought by prisoners in State custody who
are subject to a capital sentence. It shall apply only if the
provisions of subsections (b) and (c) are satisfied.
‘‘(b) This chapter is applicable if a State establishes
by rule of its court of last resort or by statute a mecha-
nism for the appointment, compensation and payment of
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reasonable litigation expenses of competent counsel in
State postconviction proceedings brought by indigent pris-
oners whose capital convictions and sentences have been
upheld on direct appeal to the court of last resort in the
State or have otherwise become final for State law pur-
poses. The rule of court or statute must provide standards
of competency for the appointment of such counsel.
‘‘(c) Any mechanism for the appointment, compensa-
tion and reimbursement of counsel as provided in sub-
section (b) must offer counsel to all State prisoners under
capital sentence and must provide for the entry of an
order by a court of record—
(1) appointing one or more counsel to represent
the prisoner upon a finding that the prisoner is indi-
gent and accepted the offer or is unable competently
to decide whether to accept or reject the offer;
(2) finding, after a hearing if necessary, that
the prisoner rejected the offer of counsel and made
the decision with an understanding of its legal con-
sequences; or
(3) denying the appointment of counsel upon a
finding that the prisoner is not indigent.
‘‘(d) No counsel appointment pursuant to subsections
(b) and (c) to represent a State prisoner under capital
sentence shall have previously represented the prisoner at
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trial or on direct appeal in the case for which the appoint-
ment is made unless the prisoner and counsel expressly
request continued representation.
‘‘(e) The ineffectiveness or incompetence of counsel
during State or Federal collateral postconviction proceed-
ings in a capital case shall not be a ground for relief in
a proceeding arising under section 2254 of this chapter.
This limitation shall not preclude the appointment of dif-
ferent counsel, on the court’s own motion or at the request
of the prisoner, at any phase of State or Federal
postconviction proceedings on the basis of the ineffective-
ness or incompetence of counsel in such proceedings.
‘‘SEC. 2257. MANDATORY STAY OF EXECUTION; DURATION;
LIMITS ON STAYS OF EXECUTION; SUCCES-
SIVE PETITIONS.
‘‘(a) Upon the entry in the appropriate State court
of record of an order under section 2256(c), a warrant
or order setting an execution date for a State prisoner
shall be stayed upon application to any court that would
have jurisdiction over any proceedings filed under section
2254. The application must recite that the State has in-
voked the postconviction review procedures of this chapter
and that the scheduled execution is subject to stay.
‘‘(b) A stay of execution granted pursuant to sub-
section (a) shall expire if—
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‘‘(1) a State prisoner fails to file a habeas cor-
pus petition under section 2254 within the time re-
quired in section 2258, or fails to make a timely ap-
plication for court of appeals review following the de-
nial of such a petition by a district court;
‘‘(2) upon completion of district court and court
of appeals review under section 2254 the petition for
relief is denied and—
(A) the time for filing a petition for certio-
rari has expired and no petition has been filed;
(B) a timely petition for certiorari was
filed and the Supreme Court denied the peti-
tion; or
(C) a timely petition for certiorari was
filed and upon consideration of the case, the
Supreme Court disposed of it in a manner that
left the capital sentence undisturbed; or
‘‘(3) before a court of competent jurisdiction, in
the presence of counsel and after having been ad-
vised of the consequences of his decision, a State
prisoner under capital sentence waives the right to
pursue habeas corpus review under section 2254.
‘‘(c) If one of the conditions in subsection (b) has
occurred, no Federal court thereafter shall have the au-
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thority to enter a stay of execution of grant relief in a
capital case unless—
‘‘(1) the basis for the stay and request for relief
is a claim not previously presented in the State or
Federal courts;
‘‘(2) the failure to raise the claim is—
(A) the result of State action in violation
of the Constitution or laws of the United
States;
(B) the result of the Supreme Court rec-
ognition of a new Federal right that is retro-
actively applicable; or
(C) based on a factual predicate that could
not have been discovered through the exercise
of reasonable diligence in time to present the
claim for State or Federal postconviction re-
view; and
‘‘(3) The facts underlying the claim would be
sufficient to establish by clear and convincing evi-
dence that but for constitutional error, no reasonable
fact finder would have found the petitioner guilty of
the underlying offense or eligible for the death pen-
alty under State law.
‘‘(d) Notwithstanding any other provision of law, no
Federal district court or appellate judge shall have the au-
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thority to enter a stay of execution, issue injunctive relief,
or grant any equitable or other relief in a capital case on
any successive habeas petition (or other action which fol-
lows the final determination of a first habeas corpus peti-
tion) unless the court first determines the petition or other
action does not constitute an abuse of the writ. This deter-
mination shall be made only by the district judge or appel-
late panel who adjudicated the merits of the original ha-
beas petition (or to the district judge or appellate panel
to which the case may have been subsequently assigned
as a result of the unavailability of the original court or
judges). In the Federal courts of appeal, a stay may issue
pursuant to the terms of this provision only when a major-
ity of the original panel or majority of the active judges
determines the petition does not constitute an abuse of
the writ.
‘‘SEC. 2258. FILING OF HABEAS CORPUS PETITION; TIME
REQUIREMENTS; TOLLING RULES.
‘‘Any petition for habeas corpus relief under section
2254 must be filed in the appropriate district court within
one hundred and eighty days from the filing in the appro-
priate State court of record of an order under section
2256(c). The time requirements establish by this section
shall be tolled—
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‘‘(1) from the date that a petition for certiorari
is filed in the Supreme Court until the date of final
disposition of the petition if a State prisoner files
the petition to secure review by the Supreme Court
of the affirmance of a capital sentence on direct re-
view by the court of last resort of the State or other
final State court decision on direct review;
‘‘(2) during any period in which a State pris-
oner under capital sentence has a properly filed re-
quest for postconviction review pending before a
State court of competent jurisdiction; if all State fil-
ing rules are met in a timely manner, this period
shall run continuously from the date that the State
prisoner initially files for postconviction review until
final disposition of the case by the highest court of
the State, but the time requirements established by
this section are not tolled during the pendency of a
petition for certiorari before the Supreme Court ex-
cept as provided in paragraph (1); and
‘‘(3) during an additional period not to exceed
sixty days, if (A) a motion for an extension of time
is filed in the Federal district court that would have
proper jurisdiction over the case upon the filing of
a habeas corpus petition under section 2254; and
(B) a showing of good cause is made for the failure
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to file the habeas corpus petition within the time pe-
riod established by this section.
‘‘SEC. 2259. EVIDENTIARY HEARINGS; SCOPE OF FEDERAL
REVIEW; DISTRICT COURT ADJUDICATION.
‘‘(a) Whenever a State prisoner under a capital sen-
tence files a petition for habeas corpus relief to which this
chapter applies, the district court shall—
‘‘(1) determine the sufficiency of the record for
habeas corpus review based on the claims actually
presented and litigated in the State courts except
when the prisoner can show that the failure to raise
or develop a claim in the State courts is—
(A) the result of State action in violation
of the Constitution or laws of the United
States;
(B) the result of the Supreme Court rec-
ognition of a new Federal right that is retro-
actively applicable; or
(C) based on a factual predicate that could
not have been discovered through the exercise
of reasonable diligence in time to present the
claim for State postconviction review; and
‘‘(2) conduct any requested evidentiary hearing
necessary to complete the record for habeas corpus
review.
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‘‘(b) Upon the development of a complete evidentiary
record, the district court shall rule on the claims that are
properly before it.
‘‘SEC. 2260. CERTIFICATE OF PROBABLE CAUSE INAPPLICA-
BLE.
‘‘The requirement of a certificate of probable cause
in order to appeal from the district court to the court of
appeals does not apply to habeas corpus cases subject to
the provisions of this chapter except when a second or suc-
cessive petition is filed.
‘‘SEC. 2261. APPLICATION TO STATE UNITARY REVIEW PRO-
CEDURE.
‘‘(a) For purposes of this section, a ‘unitary review’
procedure means a State procedure that authorizes a per-
son under sentence of death to raise, in the course of di-
rect review of the judgment, such claims as could be raised
on collateral attack. The provisions of this chapter shall
apply, as provided in this section, in relation to a State
unitary review procedure if the State established by rule
of its court of last resort or by statute a mechanism for
the appointment, compensation and payment of reasonable
litigation expenses of competent counsel in the unitary re-
view proceedings, including expenses relating to the litiga-
tion of collateral claims in the proceedings. The rule of
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shall determine the appeal within 90 days of the decision
to grant such consideration.
‘‘(3) The time limitations contained in paragraphs
(1) and (2) may be extended only once for 20 days, upon
an express good cause finding by the court that the inter-
ests of justice warrant such a one-time extension. The spe-
cific grounds for the good cause finding shall be set forth
in writing in any extension order of the court.
‘‘(4) Since the matters under paragraphs (1) and
(2)(A) are to be handled on a priority basis, the time from
filing of the petition or motion to final argument (under
paragraph (1)) or of the notice of appeal to the hearing
of the appeal (under paragraph (2)(A)) shall not exceed
4 months, unless exceptional circumstances require a
longer period. Where such time period exceeds 4 months
in any petition or motion (under paragraph (2)(A), the
court shall set forth in writing the exceptional cir-
cumstances causing the delay.
‘‘(b) The time limitations under section (a) shall
apply to an initial petition or motion, and to any second
or successive petition or motion. The same limitations
shall also apply to the redetermination of a petition or mo-
tion or related appeal following a remand by the court of
appeals or the Supreme Court for further proceedings, and
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in such case the limitation period shall run from the date
of the remand.
‘‘(c) The time limitations under this section shall not
be construed to entitle a petitioner or movant to a stay
of execution, to which the petitioner or movant would oth-
erwise not be entitled, for the purpose of litigating any
petition, motion, or appeal.
‘‘(d) The failure of a court to meet or comply with
the time limitations under this section shall not be a
ground for granting relief from a judgment of conviction
or sentence. The State or Government may enforce the
time limitations under this section by applying to the court
of appeals or the Supreme Court for a writ of mandamus.
‘‘(e) The Administrative Office of United States
Courts shall report annually to Congress on the compli-
ance by the courts with the time limits established in this
section.
‘‘SEC. 2263. RULE OF CONSTRUCTION.
‘‘This chapter shall be construed to promote the expe-
ditious conduct and conclusion of State and Federal court
review in capital cases.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part VI of title 28, United States Code,
is amended by inserting after the item relating to chapter
153 the following new item:
‘‘154. Special habeas corpus procedures in capital cases 2256.’’.
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TITLE VI—REFORM OF EXCLUSIONARY
RULE
SEC. 601. REFORM OF EXCLUSIONARY RULE.
(a) IN GENERAL.—Chapter 223 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 3510. Admissibility of evidence obtained by search
or seizure assured
‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA-
SONABLE SEARCH OR SEIZURE.—Evidence which is ob-
tained as a result of a search or seizure shall not be ex-
cluded in a proceeding in a court of the United States
on the grounds that the search or seizure was in violation
of the fourth amendment to the Constitution of the United
States, if the search or seizure was carried out in cir-
cumstances justifying an objectively reasonable belief that
it was in conformity with the fourth amendment. The fact
that evidence was obtained pursuant to and within the
scope of a warrant constitutes prima facie evidence of the
existence of such circumstances.
‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR
RULE.—Evidence shall not be excluded in a proceeding
in a court of the United States on the ground that it was
obtained in violation of a statute, an administrative rule
or regulation, or a rule of procedure unless exclusion is
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expressly authorized by statute or by a rule prescribed by
the Supreme Court pursuant to statutory authority.
‘‘(c) RULE OF CONSTRUCTION.—This section shall
not be construed to require or authorize the exclusion of
evidence in any proceeding.
‘‘(d) LIMITATION.—This section shall not apply with
respect to a search or seizure carried out by, or under
the authority of, the Bureau of Alcohol, Tobacco, and
Firearms and the Internal Revenue Service.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 223 of title 18, United States
Code, is amended by adding at the end the following:
‘‘3510. Admissibility of evidence obtained by search or seizure.’’.
TITLE VII—TRUTH IN SENTENCING
SEC. 701. RELEASE OF PRISONER.
(a) Section 3624(a) of title 18, United States Code,
is amended—
(1) by deleting, ‘‘less any time credited forward
the service of his sentence as provided in subsection
(b).’’; and
(2) substituting ‘‘plus any discretionary addi-
tional time up to 15 percent of that term that may
have been imposed for unsatisfactory behavior.’’.
(b) Section 3624(b) of title 18, United States Code,
is amended by—
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(1) deleting the caption ‘‘Credit toward service
of sentence for satisfactory behavior’’ and substitut-
ing therefor ‘‘Additional term of imprisonment for
unsatisfactory behavior.’’; and
(2) deleting the entire section and substituting
the following: ‘‘No person may be kept in prison by
reason of this section for a term longer than the
maximum term set by Act of Congress for the of-
fense. Notwithstanding any other provision of law,
such maximum term shall be deemed to be increased
by 15 percent in order to facilitate the implementa-
tion of this section. A prisoner who is serving a term
of imprisonment of more than one year, other than
a term of imprisonment for the duration of his life,
shall have additional time added to his sentence, be-
yond the time served, of up to fifty-four days at the
end of each year of this term of imprisonment, be-
ginning after the first year of the term if the Bureau
of Prisons determines that during that year, he has
not satisfactorily complied with such institutional
disciplinary regulations as have been approved by
the Attorney General and issued to the prisoner.
The Bureau’s determination shall be made within
fifteen days after the end of each year of the sen-
tence. Such additional time of sentence vests at the
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time that is received. Additional time that has vested
may not later be withdrawn. The last year or portion
of a year of the term of imprisonment shall be pro-
rated within the last six weeks of the sentence. Any
additional time that, by reason of this section, is
spent in prison beyond the term otherwise nominally
imposed for the offense shall be deemed a part of
that term for purposes of subsection (c) of this sec-
tion. Under no circumstances, notwithstanding any
other provision of law, shall a sentence be reduced
for satisfactory behavior to a term less than the
original sentence nominally imposed.’’.
SEC. 702. COMPUTATION GENERALLY.
(a) Section 4161 of title 18 is amended by deleting
‘‘has faithfully observed all the rules and has not been sub-
jected to punishment, shall be entitled to a deduction’’ and
substituting ‘‘who has displayed poor conduct, may be sub-
jected to an increase in the term of his sentence up to
the 15 percent additional discretionary term imposed by
this title.’’
(b) Section 4162 of title 18 is amended by deleting
‘‘be allowed deduction from his sentence’’ and substituting
‘‘be confined for additional time up to the 15 percent addi-
tional discretionary term of his sentence imposed by this
title,’’ and by deleting ‘‘allowance may be made to’’ and
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substituting ‘‘additional term may also be imposed only’’;
and by deleting ‘‘meritorious service or performing duties
of outstanding importance’’ and substituting ‘‘poorly’’.
(c) Section 4163 of title 18 is amended by deleting
‘‘less the time deducted for good conduct’’ and substitut-
ing ‘‘plus the time, if any, added toward the 15 percent
discretionary term imposed by this title.’’.
TITLE VIII—PRISON WORK REQUIRED;
LUXURIES ABOLISHED
SEC. 801. LUXURIES ABOLISHED.
Section 4001(b)(2) of title 18 is amended by adding
at the end: ‘‘The Attorney General shall, not later than
120 days from the enactment of this section, implement
and enforce regulations mandating prison work for all
able-bodied inmates in Federal penal and correctional in-
stitutions. Such regulations shall also prohibit the Govern-
ment provision in inmates’ cells of television, radio, tele-
phone stereo, or other similar amenities.’’.
SEC. 802. AWARDS OF PELL GRANTS TO PRISONERS PRO-
HIBITED.
(a) IN GENERAL.—Section 401(b)(8) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(b)(8)) is amend-
ed to read as follows:
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‘‘(8) No basic grant shall be awarded under this
subpart to any individual who is incarcerated in any
Federal or State penal institution.’’.
(b) APPLICATION OF AMENDMENT.—The amendment
made by this section shall apply with respect to periods
of enrollment beginning on or after the date of enactment
of this Act.
TITLE IX—IMPROVING BORDER
CONTROLS
SEC. 901. GRANTS FOR BORDER CONTROL.
The Attorney General is authorized and directed to
use the funds authorized in this section to permit the com-
mander of the border patrol to increase by at least 6,000
the number of border patrol agent positions in the border
patrol above the number of such positions as of July 1,
1995.
There are authorized to be appropriated to carry out
this section $500,000,000 in each of fiscal years 1996,
1997, and 1998.
SEC. 802. EXPEDITING CRIMINAL ALIEN DEPORTATION AND
EXCLUSION.
(a) CONVICTED DEFINED.—Section 241(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1251(a)(2))
is amended by adding at the end the following new sub-
paragraph:
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‘‘(E) CONVICTED
DEFINED.—In this para-
graph, the term ‘convicted’ means a judge or
jury has found the alien guilty or the alien has
entered a plea of guilty or nolo contendere,
whether or not the alien appeals therefrom.’’.
(b) DEPORTATION OF CONVICTED ALIENS.—
(1) IMMEDIATE DEPORTATION.—Section 242(h)
of such Act (8 U.S.C. 1252(h)) is amended—
(A) by striking ‘‘(h) An alien’’ and insert-
ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;
and
(B) by adding at the end the following new
paragraph:
‘‘(2) An alien sentenced to imprisonment may be de-
ported prior to the termination of such imprisonment by
the release of the alien from confinement, if the Service
petitions the appropriate court or other entity with author-
ity concerning the alien to release the alien into the cus-
tody of the Service for execution of an order of deporta-
tion.’’.
(2) PROHIBITION
OF
REENTRY
INTO
THE
UNITED STATES.—Section 212(a)(2) of such Act (8
U.S.C. 1182(a)(2)) is amended—
(A) by redesignating subparagraph (F) as
subparagraph (G); and
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(b) REENTRY.—Section 276(b) of the Immigration
and Nationality Act (8 U.S.C. 1326(b)) is amended—
(1) in paragraph (1), by (A) inserting after
‘‘commission of’’ the following: ‘‘three or more mis-
demeanors or’’, and (B) striking out ‘‘5’’ and insert-
ing in lieu thereof ‘‘10’’,
(2) in paragraph (2), by striking out ‘‘15’’ and
inserting in lieu thereof ‘‘20’’, and
(3) by adding at the end the following sentence:
‘‘For the purpose of this subsection, the term ‘de-
portation’ shall include any agreement where an
alien stipulates to deportation during a criminal trial
under either Federal or State law.’’.
(c) COLLATERAL ATTACKS ON UNDERLYING DEPOR-
TATION ORDER.—Section 276 of the Immigration and Na-
tionality Act (8 U.S.C. 1326) is amended by inserting
after subsection (b) the following new subsection:
‘‘(c) In any criminal proceeding under this section,
no alien may challenge the validity of the deportation
order described in subsection (a)(1) of subsection (b) un-
less the alien demonstrates—
‘‘(1) that the alien exhausted the administrative
remedies (if any) that may have been available to
seek relief against such order,