I
103D CONGRESS
2D SESSION
H. R. 5008
To Combat Crime.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 21, 1994
Mr. BREWSTER (for himself, Mr. HUNTER, Mr. PETE GEREN of Texas, Mr.
COX, Mr. PETERSON of Minnesota, Mr. MCINNIS, Mr. TAYLOR of Mis-
sissippi, Mr. BAKER of California, Mr. TAUZIN, Mr. BARTLETT of Mary-
land, Mr. PARKER, Mr. BOEHNER, Mr. BROWDER, Mr. BONILLA, Mr.
CHAPMAN, Mr. BUNNING, Mr. DEAL, Mr. BURTON of Indiana, Ms.
DANNER, Mr. CALLAHAN, Mr. TANNER, Mr. MANZULLO, Mr. STENHOLM,
Mr. COLLINS of Georgia, Mr. SARPALIUS, Mr. ARMEY, Mr. HALL of
Texas, Mr. CRANE, Mr. VALENTINE, Mr. DOOLITTLE, Mr. ORTON, Mr.
DUNCAN, Mr. HUTTO, Ms. DUNN, Mr. MONTGOMERY, Mr. EMERSON,
Mr. RAHALL, Mr. EVERETT, Mr. CONDIT, Mr. EWING, Mr. ROWLAND,
Mr. GILMAN, Mr. WILSON, Mr. HANCOCK, Mr. HOLDEN, Mr. HEFLEY,
Mr. TEJEDA, Mr. HERGER, Mr. CRAMER, Mr. HOEKSTRA, Mr. BARCIA
of Michigan, Mr. ALLARD, Mr. DICKEY, Mr. HYDE, Mr. KLINK, Mr. KIM,
Mr. HAYES, Mr. KINGSTON, Mr. STUPAK, Mr. KYL, Mr. LAUGHLIN, Mr.
LEWIS of Florida, Mrs. THURMAN, Mr. LINDER, Mr. PETERSON of Flor-
ida, Mr. LIGHTFOOT, Mr. MURPHY, Mr. CALVERT, Mr. SKELTON, Mr.
MCCOLLUM, Mr. DE LA GARZA, Mr. BACHUS of Alabama, Mr. DARDEN,
Mr. MCKEON, Mr. ORTIZ, Mr. MOORHEAD, Mr. VOLKMER, Mr. PACK-
ARD, Mr. SWETT, Mr. QUILLEN, Mr. COOPER, Mr. ROHRABACHER, Mr.
MOLLOHAN, Mr. SCHAEFER, Mr. WISE, Mr. SHAW, Mr. SMITH of Michi-
gan, Mr. SOLOMON, Mr. STEARNS, Mr. STUMP, Mr. TAYLOR of North
Carolina, Mr. ZELIFF, Mr. FIELDS of Texas, Mrs. BENTLEY, Mr. LUCAS,
Mr. GOSS, Mr. WALKER, Mr. BARTON of Texas, Mr. HOBSON, Mr.
INHOFE, Mr. GINGRICH, Mr. ROBERTS, Mr. SENSENBRENNER, Mr.
PAXON, Mr. KNOLLENBERG, Mr. BUYER, Mr. DELAY, Mr. POMBO, Mr.
HOKE, Mr. TALENT, Mr. ISTOOK, Mr. GILLMOR, Mr. COBLE, Mr. LIV-
INGSTON, Mr. GRAMS, Mr. SAM JOHNSON of Texas, Mr. MCCRERY, Mr.
SANTORUM, Mr. THOMAS of Wyoming, Mr. MILLER of Florida, Mrs.
VUCANOVICH, Mr. CUNNINGHAM, Mr. DORNAN, Mr. SUNDQUIST, Mr.
CRAPO, Mr. YOUNG of Alaska, Mr. GEKAS, Mr. SHUSTER, Mr. LEWIS of
Kentucky, Mr. MYERS of Indiana, Mr. YOUNG of Florida, Mr. BAKER of
Louisiana, Mr. HASTERT, Mr. DREIER, Mr. MICA, Mr. SPENCE, Mr.
NUSSLE, Mr. GOODLATTE, Mr. BLILEY, Mr. PORTMAN, Mr. SCHIFF, Mr.
HANSEN, Mr. LEWIS of California, Mr. SKEEN, Mr. SMITH of Oregon,
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Ms. SNOWE, Mr. ROTH, Mr. CAMP, Mr. HUFFINGTON, and Mr. CANADY)
introduced the following bill; which was referred to the Committee on the
Judiciary
A BILL
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 1994’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
TITLE I—GRANTS FOR CORRECTIONAL FACILITIES
Sec. 101. Grants authorized.
Sec. 102. Truth in Sentencing Incentive grants.
Sec. 103. Limitation of funds.
Sec. 104. Definitions.
TITLE II—STATE AND LOCAL LAW ENFORCEMENT GRANTS
Sec. 201. Grants authorized.
TITLE III—PROTECTION AGAINST SEXUALLY VIOLENT
PREDATORS
Sec. 301. Definitions.
Sec. 302. Establishment of program.
TITLE IV—ELIMINATION OF UNNECESSARY AND REDUNDANT
APPEALS; ENFORCEMENT OF DEATH PENALTY
Sec. 401. Period of limitation for filing writ of habeas corpus following final
judgement of a State Court.
Sec. 402. Authority of Appellate Judges to issue certificates of probable cause
for appeal in habeas corpus and federal collateral relief pro-
ceedings.
Sec. 403. Conforming amendment to the rules of appellate procedure.
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Sec. 404. Discretion to deny habeas corpus application despite failure to ex-
haust State remedies.
Sec. 405. Period of limitation for federal prisoners filing for collateral remedy.
Sec. 406. Special procedures for collateral proceedings in capital cases.
TITLE V—REFORM OF ‘EXCLUSIONARY RULE’
Sec. 501. Reform of exclusionary rule.
TITLE VI—TRUTH-IN-SENTENCING
Sec. 601. Release of prisoner.
Sec. 602. Computation generally.
TITLE VII—PRISON WORK REQUIRED; LUXURIES ABOLISHED
Sec. 701. Luxuries abolished.
Sec. 702. Award of Pell Grants to prisoners prohibited.
TITLE VIII—IMPROVING BORDER CONTROLS
Sec. 801. Grants for border control.
Sec. 802. Expediting criminal alien deportation and exclusion.
Sec. 803. Authorizing registration of aliens on criminal probation or criminal
parole.
Sec. 804. Expansion in definition of ‘aggravated felony’.
Sec. 805. Deportation procedures for certain criminal aliens who are not per-
manent residents.
Sec. 806. Judicial deportation.
Sec. 807. Restricting defenses to deportation for certain criminal aliens.
Sec. 808. Enhancing penalties for failing to depart, or reentering, after final
order of deportation.
Sec. 809. Miscellaneous and technical changes.
Sec. 810. Authorization of appropriations for criminal alien information system.
TITLE IX—ENHANCED GUN PENALTIES
Sec. 901. Enhanced penalties for persons convicted of using or carrying a fire-
arm during and in relation to a felony.
Sec. 902. 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 fire-
arm.
TITLE X—VIOLENT CRIME REDUCTION TRUST FUND
Sec. 1001. Creation of Violent Crime Reduction Trust Fund.
Sec. 1002. Extension of authorizations of appropriations for fiscal years for
which the full amount authorized is not appropriated.
Sec. 1003. Flexibility in making of appropriations.
TITLE XI—MANDATORY LIFE IMPRISONMENT FOR PERSONS
CONVICTED OF CERTAIN FELONIES
Sec. 1101. Mandatory life imprisonment for persons convicted of certain felo-
nies.
Sec. 1102. Limited grant of authority to Bureau of Prisons.
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TITLE I—GRANTS FOR CORRECTIONAL
FACILITIES
SEC. 101. GRANTS AUTHORIZED.
(a) GRANT AUTHORIZATION.—The Attorney General
shall make grants to individual States to construct, ex-
pand, and improve prisons and jails.
(b) 
AMOUNTS
AUTHORIZED.—Grants 
totalling
$3,000,000,000 shall be made to each State not later than
October 30, 1994, and grants to each State totalling
$3,000,000,000 shall be made annually thereafter in each
of the years from fiscal year 1996 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 1995, 1996, 1997
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and 1998. All such moneys shall be appropriated from the
Violent Crime Reduction Trust Fund.
(e) DISTRIBUTION
OF FUNDS
IN FISCAL YEAR
1995.—Of the total amount of funds appropriated under
this title in fiscal year 1995, 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
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 1996
THROUGH
1999.—Seventy-five percent of the total
amount of funds appropriated under this title in fiscal
years 1996, 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 Investigation reporting part
I violent crimes.
SEC. 102. TRUTH IN SENTENCING INCENTIVE FUND.
(a) Twenty-five percent of total amount of funds ap-
propriated under this title in each of fiscal years 1996,
1997, 1998 shall be allocated to each eligible State accord-
ing to the same ratios established in section 101 multiplied
by the percentage change in States’ percentage of time
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to be served by the persons convinced of violent crimes
divided by the average of all States’ percentage change
in percentage of time to be served by the persons convicted
of violent crimes. States which have achieved a Truth in
Sentencing standard of violent criminals serving 85 per-
cent of prison time assessed shall receive the incentive
funds based on the average of such percentage change ra-
tios of all States multiplied by the States percentage of
total part I violent crime reported.
(b) ELIGIBILITY FOR TRUTH IN SENTENCING INCEN-
TIVE FUND.—In order to be eligible for grants under sub-
section (a), a State must demonstrate that it has, since
1993—
(1) increased the percentage of convicted violent
offenders sentenced to prison;
(2) increased the average prison time actually
to be served in prison by convicted violent offenders
sentenced to prison; and
(3) increased the percentage of sentence to be
actually served in prison by violent offenders sen-
tenced prison.
(c) LAW CHANGES.—As evidence of such good faith
effort to meet the goals contained in subsection (b), a
State may make changes to its laws and regulations which
may include—
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committed after the defendant’s conviction of
the preceding serious violent crime or serious
drug offense.
SEC. 103. 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 may not
exceed 90 percent of the total costs of the program as de-
scribed in application.
(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. 104. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘violent crime’’ means—
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TITLE III—PROTECTION AGAINST
SEXUALLY VIOLENT PREDATORS
SEC. 301. 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 towards 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. 302. 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 therafter, shall be ineligible
for funds in accordance with subparagraph (B).
(B) INELIGIBILITY FOR FUNDS.—
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(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
Investigation.
(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 IV—ELIMINATING EXCESSIVE AND
REDUNDANT APPEALS
SEC. 401. 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
exhausted.
‘‘(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. 402. 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. 403. 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 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
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. 404. DISCRETION TO DENY HABEAS CORPUS APPLICA-
TION DESPITE FAILURE TO EXHAUST STATE
REMEDIES.
Section 2254(b) of title 28, United State 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. 405. 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
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.’’.