(1) The amendments made by this title shall
not apply to applications for asylum or withholding
of deportation made before the first day of the first
month that begins more than 180 days after the
date of the enactment of this Act and no application
for provisional asylum under section 208 of the Im-
migration and Nationality Act (as amended by sec-
tion 201 of this Act) shall be considered before such
first day.
(2) In applying section 208(b)(1)(A) of the Im-
migration and Nationality Act (as amended by this
title) in the case of an alien who has entered or
came to the United States before the first day de-
scribed in paragraph (1), notwithstanding the dead-
lines specified in such section—
(A) the deadline for the filing of a notice
of intention to file an application for provisional
asylum is 30 days after such first day, and
(B) the deadline for the filing of the appli-
cation for provisional asylum is 30 days after
the date of filing such notice.
(3) The amendments made by section 203(b)
(relating to adjustment of status) shall not apply to
aliens granted asylum under section 208 of the Im-
migration and Nationality Act, as in effect before
the date of the enactment of this Act.
SEC. 409. ISSUANCE OF NEW IDENTIFICATION CARDS FOR
ALIENS.
(a) IN GENERAL.—The Attorney General shall cause
to be issued new registration and identification cards to
all aliens who are qualified to hold employment in the
United States for the purpose of providing proof of em-
ployment eligibility under section 274A of the Immigration
and Nationality Act (8 U.S.C. 1324a).
(b) REQUIREMENTS.—(1) Each new registration and
identification card issued under subsection (a) shall—
(A) be in a form which is resistant to counter-
feiting and tampering;
(B) be designed in such a manner so that an
employer can reliably determine that—
(i) the person with the bearer’s claimed
identity is eligible to be employed in the United
States, and
(ii) the bearer is not claiming the identity
of another individual;
(C) contain a photograph and other identifying
information (such as date of birth, sex, and distin-
guishing marks) that would allow an employer to de-
termine with reasonable certainty that the bearer is
not claiming the identity of another individual;
(D) in the case of a card issued to—
(i) a work-eligible nonimmigrant admitted
under section 214 of the Immigration and Na-
tionality Act (8 U.S.C. 1184),
(ii) an alien admitted for temporary resi-
dence under section 210 of such Act (8 U.S.C.
1160),
(iii) an alien granted temporary protected
status under section 244A of such Act (8
U.S.C. 1254a), and
(iv) an alien authorized to work by the Im-
migration and Naturalization Service pending a
final determination of deportability,
shall specify the expiration date of the work author-
ization on the face of the card; and
(E) shall specify the alien’s admission number
or alien file number.
(2) The new card shall be valid for a period of 10
years and must be reissued to remain valid after the 10th
anniversary of the date of its issue.
(3) The new card shall note on its face whether work
authorization is restricted.
(4) An employer, for purposes of satisfying the re-
quirements of section 274A(b) of the Immigration and
Nationality—
(A) may require an alien seeking employment to
produce the new card as proof of employment eligi-
bility, and
(B) may inquire whether an applicant’s limited
work authorization has expired or has been reau-
thorized at the end of a work authorization period.
Such a requirement or inquiry shall not constitute an un-
fair immigration-related employment practice under sec-
tion 274B of such Act.
SEC. 410. IMPLEMENTATION.
(a) IN GENERAL.—Each alien who is authorized to
be employed in the United States shall, on or before Octo-
ber 1, 1994, turn in any alien registration and identifica-
tion card which is in the alien’s possession at any post
office or office of the Immigration and Naturalization
Service. No resident alien shall receive the new card
until—
(1) the alien—
(A) has surrendered the old green card;
(B) has provided proof of identity;
(C) has provided such other documents as
may be required under law; and
(D) has paid a fee (not to exceed $75) that
is reasonable and sufficient to cover the costs of
administration of this section; and
(2) the Service has verified the lawful status of
the alien.
The Attorney General may waive payment of the fee under
paragraph (1)(D) (or reduce the amount of such fee) if
the alien provides satisfactory evidence that the alien can-
not afford the full fee.
(b) POSTING OF NOTICES.—Notices of the require-
ment of subsection (a) shall be posted in all post offices
and Immigration and Naturalization Service offices and
published in local newspapers during fiscal year 1994.
(c) INVALIDITY OF OLD CARDS.—Any alien registra-
tion or identification card for permanent resident aliens,
other than an alien registration and identification card is-
sued under this section, shall be invalid as of midnight
of October 1, 1997.
(d) USE OF NEW CARDS UNDER SAVE PROGRAM.—
(1) IN GENERAL.—Section 1137(d) of the So-
cial Security Act (42 U.S.C. 1320b–7(d)) is amend-
ed—
(A) in paragraph (2), by striking ‘‘either’’
and all that follows through the end and insert-
ing the following: ‘‘a registration and identifica-
tion card issued under section 2(a) of the Immi-
gration Document Fraud Prevention Act of
1993.’’,
(B) in paragraph (3), by striking ‘‘para-
graph (2)(A)’’ and inserting ‘‘paragraph (2)’’,
and
(C) in paragraph (4), by striking ‘‘para-
graph (2)(A)’’ and inserting ‘‘such paragraph’’.
(2) HOUSING ASSISTANCE.—Section 214(d) of
the Housing and Community Development Act of
1980 (42 U.S.C. 1436a(d)) is amended—
(A) in paragraph (2), by striking ‘‘either’’
and all that follows through the end and insert-
ing the following: ‘‘a registration and identifica-
tion card issued under section 2(a) of the Immi-
gration Document Fraud Prevention Act of
1993.’’,
(B) in paragraph (3), by striking ‘‘para-
graph (2)(A)’’ and inserting ‘‘paragraph (2)’’,
(C) in paragraph (4), by striking ‘‘para-
graph (2)(A)’’ the first place it appears and in-
serting ‘‘paragraph (2)’’, and
(D) in paragraph (4), by striking ‘‘para-
graph (2)(A)’’ the second place it appears and
inserting ‘‘such paragraph’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on October 1,
1997.
SEC. 411. NO NATIONAL IDENTITY CARD.
The new card described in section 409—
(1) shall not be considered a national identity
card;
(2) shall not be issued to any citizen or national
of the United States; and
(3) shall—
(A) not be required to be carried on one’s
person, and
(B) not be required to be presented other
than—
(i) upon request by a prospective em-
ployer for any purposes other than under
this section or under sections 1001, 1023,
1566, and 1621 of title 18, United States
Code, or to satisfy the requirements of sec-
tion 274A of the Immigration and Nation-
ality Act, or
(ii) for purposes of carrying out sec-
tion 1137(d) of the Social Security Act or
section 214(d) of the Housing and Com-
munity Development Act of 1980.
SEC. 412. EMPLOYER EDUCATION PROGRAM.
The Attorney General, in consultation with the Sec-
retary of Labor, the Administrator of the Small Business
Administration, and the Commissioner of the Internal
Revenue, shall conduct a nationwide program to inform
employers about their responsibilities under the Immigra-
tion and Nationality Act and the uses of the new alien
registration and identification cards issued under this Act.
SEC. 413. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000
for each of fiscal years 1994 and 1995 to carry out sec-
tions 409 through 412 of this Act.
SEC. 414. EMPLOYMENT ELIGIBILITY VERIFICATION DEM-
ONSTRATION PROJECT.
The Attorney General shall continue to conduct the
demonstration projects under section 274A of the Immi-
gration and Nationality Act in order to establish if it is
feasible to determine the employment eligibility of aliens
authorized to work in the United States through the use
of a telephone and computation capability that is available
on the date of enactment of this Act. The Attorney Gen-
eral shall submit a report to Congress on such projects
by not later than October 1, 1994.
TITLE V—CHILD-RELATED SEX
OFFENDERS
SEC. 501. SENSE OF CONGRESS.
It is the sense of the Congress that—
(1) criminal background checks should be per-
formed for all prospective employees or volunteers of
State-licensed or tax-funded organizations that inter-
act with children;
(2) an adult who is convicted of a child-related
sex offense or a child who has been adjudicated as
a delinquent for an act that would constitute a child-
related sex offense if committed by an adult should
register a current address with the local law enforce-
ment agency;
(3) a court should require an adult or child who
commits a child-related sex offense to register with
a local law enforcement agency as a condition of
probation;
(4) criminal penalties should be provided for of-
fenders described in paragraph (3) who are ordered
to register with a local law enforcement agency and
fail to register;
(5) law enforcement agencies should submit in-
formation on individuals convicted of child-related
sex offenses in the law enforcement agencies’ com-
munities to the national criminal history background
check system, a criminal history record system main-
tained by the Federal Bureau of Investigation based
on fingerprint identification or other methods of
positive identification;
(6) law enforcement agencies should access the
FBI database for criminal background checks on
employees, prospective employees, or volunteers in
State-licensed or federally funded organizations that
interact with children;
(7) the police, upon request, should release in-
formation on whether a person has been convicted of
a child-related sex offense, if the convicted person
lives in the same county as the person making the
request;
(8) criminal penalties should be provided for
persons who violate confidentiality requirements re-
garding the release of information obtained through
the registration of individuals who have committed
child-related sex offenses;
(9) a child care institution, foster family home,
group home, or child placing agency should be pro-
hibited from hiring an employee or utilizing a volun-
teer convicted of a child-related sex offense;
(10) anyone applying for employment with a
school should undergo a mandatory criminal history
check;
(11) a school should be prohibited from hiring
or retaining a person if the person is known to have
committed a child-related sex offense;
(12) the State board of education should be
prohibited from issuing a teaching license to a per-
son who has been convicted of a child-related sex
offense;
(13) the State board of education should revoke
a teacher’s license permanently if the teacher is con-
victed of a child-related sex offense; and
(14) in the case of an arrest or filing of charges
that arises from a child-related sex offense, a law
enforcement agency or prosecuting attorney should
be required to notify the superintendent regarding
such arrest or filing of charges against a person who
is known by such law enforcement agency or pros-
ecuting attorney to be employed by such school.
TITLE VI—TRUTH IN
SENTENCING
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Violent and Repeat
Offender Accountability Act of 1994’’.
SEC. 602. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that—
(1) it is the responsibility of the Federal Gov-
ernment to provide States help in certain areas, in-
cluding efforts to reduce violent crime;
(2) Federal legislation relating to criminal jus-
tice, including the Racketeer Influenced and Corrupt
Organizations Act (‘‘RICO’’) and the Federal Sen-
tencing Guidelines, has been very effective in dealing
with crimes to which the legislation applies;
(3) the responsibility for protecting citizens
against most violent crimes and for punishing most
violent criminal offenders is primarily a matter of
State and local governance;
(4) violent crimes nationwide have risen dra-
matically and constitute a national priority of the
highest order;
(5) the persistence and increasing incidence of
violent crime, despite the efforts of State and local
governments, has resulted in a vastly increased Fed-
eral role in this area, and there is pressure for even
greater Federal involvement in criminal matters tra-
ditionally handled by State and local governments;
(6) the Federal courts especially have become
overburdened with criminal matters more properly
handled by State and local governments;
(b) PURPOSES.—The purposes of this title are—
(1) to require each State to undertake a com-
prehensive examination of the State’s criminal sen-
tencing scheme and to create a sentencing system
which more effectively governs the sentencing of vio-
lent offenders; and
(2) to provide funds to States that comply with
the requirements of section 605(b) to implement
necessary changes to the State criminal sentencing
system, including increasing the capacity of State
correctional facilities if necessary.
SEC. 603. DEFINITION.
For the purpose of this title, the term ‘‘State’’ means
any State of the United States.
SEC. 604. STATE SENTENCING REVIEWS.
(a) IN GENERAL.—Each State, in order to be eligible
for funds under this title, must conduct a systematic re-
view of its criminal sentencing laws and practices.
(b) STATE SENTENCING REVIEWS.—Not later than
one year after the date of enactment of this Act, the gov-
ernment of each State shall submit to the Attorney Gen-
eral a report detailing the results of the State’s review of
its criminal sentencing system. The report also shall in-
clude the following:
(1) An analysis of the State statutory criminal
sentencing scheme, including information regarding
murder (all degrees), arson, burglary, assault, rob-
bery, kidnapping, extortion, rape, and child molesta-
tion. This analysis should include—
(A) the minimum and maximum sentence
available for each offense;
(B) the basis for distinguishing between
different degrees of the same offense;
(C) whether factors in addition to the ac-
tual crime (such as criminal history, victim im-
pact, or use of a weapon) should be considered
by the sentencing authority; and
(D) whether probation or some other non-
custodial alternatives to incarceration are a sen-
tencing option.
(2) An analysis of the sentences actually im-
posed by State court judges for the crimes listed in
paragraph (1).
(3) An analysis of the time which has actually
been served for the conviction of crimes listed in
paragraph (1).
(4) An analysis of the practices and procedures
of the State relating to probation, parole, and other
alternatives to incarceration, with particular empha-
sis on crimes which have been committed by con-
victed criminals while on parole or probation or oth-
erwise not incarcerated.
(5) An analysis of whether the State sentencing
system permits or requires the sentencing authority
to order convicted criminals to pay restitution to the
victim, the victim’s family, or the State, and the per-
centage of restitution orders which are actually
collected.
(6) An analysis of whether and under what cir-
cumstances State law permits the pretrial detention
without bond of dangerous offenders.
(7) An analysis of whether and under what cir-
cumstances State law gives victims the right to be
informed, present, and heard at all critical stages of
a case from arrest through parole.
(8) An analysis of whether and how State law
establishes post conviction relief procedures which
limit repetitive challenges by convicted offenders.
(9) An analysis of State law regarding the ap-
plication of adult sentencing laws to juvenile offend-
ers charged with the crimes listed in section
604(b)(1) of this Act.
(10) An analysis of the State prison capacity
and whether court orders limit, or otherwise impact
such capacity and whether a lack of capacity im-
pacts sentencing or release decisions at the judicial
or administrative level.
SEC. 605. STATE SENTENCING SYSTEMS.
(a) IN GENERAL.—Each State, in order to comply
with this Act, must submit for approval a plan to the At-
torney General that evaluates the criminal sentencing sys-
tem and, if necessary, creates a sentencing system which
complies with the requirements of subsection (b).
(b) STATE SENTENCING SYSTEM.—In addition to re-
sponding to the reporting requirement of section 604(b)
of this Act, the State, in a subsequent report to the Attor-
ney General, shall describe in detail any changes in the
State’s criminal sentencing system designed to meet the
requirements of this Act. The elements of a sentencing
system that the States must have in order to be in compli-
ance with this title shall include at least the following:
(1) State constitutional or statutory authority
for pretrial detention of dangerous criminals.
(2) Mandatory minimum prison sentences,
which do not allow probation or suspension of sen-
tence, for violent offenders or repeat offenders
who—
(A) intentionally or knowingly inflict seri-
ous physical injury;
(B) use or exhibit deadly weapons in the
commission of the crimes listed in section
604(b)(1) of this Act;
(C) commit violent or sexual offenses
against children; and
(D) commit sexual assault.
(3) Mandatory life sentence with no release for
third or subsequent conviction of violent crime.
(4) Truth in sentencing provisions which re-
strict parole, good-time credit release for violent of-
fenders, or other forms of early release to not more
than a total reduction of 15 percent of the sentence
imposed.
(5) State constitutional or statutory provisions
which guarantee to victims the right to be informed,
present, and heard at all critical stages of the crimi-
nal case, and provisions to ensure the collection,
tracking, and enforcement of restitution from the of-
fender in all cases involving economic loss to the
victim.
SEC. 606. FUNDING AND COMPLIANCE.
(a) FUNDING.—There shall be available to carry out
the purposes of this Act, for fiscal year 1994, $1,000,000;
for fiscal year 1995, $1,500,000; for fiscal year 1996,
$2,000,000; for fiscal year 1997, $2,500,000; and for fis-
cal year 1998, $3,000,000; from amounts appropriated for
foreign operations during such fiscal years (specifically
from the amounts allocated for the Multilateral Develop-
ment Banks, the International Development Association,
the Agency for International Development, Public Law
83–480, and the Export-Import Development Bank) and
from amounts appropriated from Federal land purchases
and from amounts appropriated for trade promotion ac-
tivities and travel and tourism activities.
(b) FEDERAL SHARE.—The Federal share of a grant
made under this title may not exceed 50 percent of the
total costs of the projects which receive funds under this
Act.
(c) COMPLIANCE.—Beginning 3 years after the date
of enactment of this Act, the Attorney General shall elimi-
nate funding to a State that does not comply with the
requirements of this Act.
TITLE VII—THREE STRIKES AND
YOU’RE OUT
SEC. 701. LIFE IMPRISONMENT OR DEATH PENALTY FOR
THIRD FEDERAL VIOLENT FELONY CONVIC-
TION.
Section 3581 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(c) PUNISHMENT OF CERTAIN VIOLENT FELONS.—
‘‘(1) GENERAL
RULE.—Notwithstanding any
other provision of this title or any other law, in the
case of a conviction for a Federal violent felony, the
court shall sentence the defendant to prison for life
if the defendant has previously been convicted of two
other violent felonies and if a death results from the
violent felony, the defendant shall be subject to the
death penalty.
‘‘(2) DEFINITION.—As used in this section the
term ‘violent felony’ is a State or Federal crime of
violence (as defined in section 16 of this title)—
‘‘(A) that involves the threatened use, use,
or the risk of use of physical force against the
person of another;
‘‘(B) for which the maximum authorized
imprisonment exceeds one year; and
‘‘(C) which is not designated a mis-
demeanor by the law that defines the offense.
‘‘(3) RULE
OF
CONSTRUCTION.—This sub-
section shall not be construed to prevent the imposi-
tion of the death penalty.’’.
TITLE VIII—HABEAS CORPUS
REFORM
Subtitle A—Post Conviction Peti-
tions: General Habeas Corpus
Reform
SEC. 801. 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 one-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-
covered through the exercise of reasonable dili-
gence.’’.
SEC. 802. 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-
ceeding under section 2255 of this title, unless a circuit
justice or judge issues a certificate of probable cause.’’.
SEC. 803. CONFORMING AMENDMENT TO THE RULES OF AP-
PELLATE PROCEDURE.
(a) IN GENERAL.—Rule 22 of the Federal Rules of
Appellate Procedure is amended to read as follows:
‘‘Rule 22. Habeas corpus and section 2255 proceedings
‘‘(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 ap-
plication 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
OF 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
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.’’.
(b) CLERICAL AMENDMENT.—The item relating to
rule 22 in the table of contents of the Federal Rules of
Appellate Procedure is amended by inserting ‘‘and section
2255’’ after ‘‘Habeas corpus’’.
SEC. 804. 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.’’.
SEC. 805. 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 two-year period of limitation shall apply to a mo-
tion 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