‘‘(3) The term ‘State’ means any State of the 
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands, Amer-
ican Samoa, Guam, and the Northern Mariana Is-
lands, except that American Samoa, Guam, and the 
Northern Mariana Islands shall be considered as one 
State and that, for purposes of section 104(a), 33 
percent of the amounts allocated shall be allocated 
to American Samoa, 50 percent to Guam, and 17 
percent to the Northern Mariana Islands. 
‘‘(4) The term ‘Juvenile’ means an individual 
who is 17 years of age or younger. 
‘‘(5) The term ‘part 1 violent crimes’ means 
murder and nonnegligent manslaughter, forcible 
rape, robbery, and aggravated assault as reported to 
the Federal Bureau of Investigation for purposes of 
the Uniform Crime Reports. 
‘‘(6) The term ‘Director’ means the Director of 
the Bureau of Justice Assistance.’’. 
SEC. 402. CONFORMING AMENDMENT. 
The amendments made to the Omnibus Crime Con-
trol and Safe Streets Act of 1968, as added by title I of 
the Violent Crime Control and Law Enforcement Act of 
1994, are repealed. 
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TITLE V—TRUTH IN 
SENTENCING GRANTS 
SEC. 501. TRUTH IN SENTENCING GRANT PROGRAM. 
Title V of the Violent Crime Control and Law En-
forcement Act of 1994 is amended to read as follows: 
‘‘TITLE V—TRUTH IN 
SENTENCING GRANTS 
‘‘SEC. 501. AUTHORIZATION OF GRANTS. 
‘‘(a) IN GENERAL.—The Attorney General is author-
ized to provide grants to eligible States and to eligible 
States organized as a regional compact to build, expand, 
and operate space in correctional facilities in order to in-
crease the prison bed capacity in such facilities for the 
confinement of persons convicted of a serious violent fel-
ony and to build, expand, and operate temporary or per-
manent correctional facilities, including facilities on mili-
tary bases, for the confinement of convicted nonviolent of-
fenders and criminal aliens for the purpose of freeing suit-
able existing prison space for the confinement of persons 
convicted of a serious violent felony. 
‘‘(b) LIMITATION.—An eligible State or eligible 
States organized as a regional compact may receive either 
a general grant under section 502 or a truth-in-sentencing 
incentive grant under section 503. 
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‘‘SEC. 502. GENERAL GRANTS. 
‘‘(a) DISTRIBUTION OF GENERAL GRANTS.—50 per-
cent of the total amount of funds made available under 
this title for each of the fiscal years 1995 through 2000 
shall be made available for general eligibility grants for 
each State or States organized as a regional compact that 
meets the requirements of subsection (b). 
‘‘(b) GENERAL GRANTS.—In order to be eligible to 
receive funds under subsection (a), a State or States orga-
nized as a regional compact shall submit an application 
to the Attorney General that provides assurances that 
such State since 1993 has— 
‘‘(1) increased the percentage of convicted vio-
lent 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 to prison. 
‘‘SEC. 503. TRUTH-IN-SENTENCING GRANTS. 
‘‘(a) TRUTH-IN-SENTENCING INCENTIVE GRANTS.— 
50 percent of the total amount of funds made available 
under this title for each of the fiscal years 1995 through 
2000 shall be made available for truth-in-sentencing incen-
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tive grants to each State or States organized as a regional 
compact that meet the requirements of subsection (c). 
‘‘(b) ELIGIBILITY FOR TRUTH-IN-SENTENCING IN-
CENTIVE GRANTS.—In order to be eligible to receive funds 
under subsection (a), a State or States organized as a re-
gional compact shall submit an application to the Attorney 
General that provides assurances that each State applying 
has enacted laws and regulations which include— 
‘‘(1)(A) truth-in-sentencing laws which require 
persons convicted of a serious violent felony serve 
not less than 85 percent of the sentence imposed or 
85 percent of the court-ordered maximum sentence 
for States that practice indeterminate sentencing; or 
‘‘(B) truth-in-sentencing laws which have been 
enacted, but not yet implemented, that require such 
State, not later than three years after such State 
submits an application to the Attorney General, to 
provide that persons convicted of a serious violent 
felony serve not less than 85 percent of the sentence 
imposed or 85 percent of the court-ordered max-
imum sentence for States that practice indetermi-
nate sentencing, and 
‘‘(2) laws requiring that the sentencing or re-
leasing authorities notify and allow the victims of 
the defendant or the family of such victims the op-
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portunity to be heard regarding the issue of sen-
tencing and any postconviction release. 
‘‘SEC. 504. SPECIAL RULES. 
‘‘(a) INDETERMINANT SENTENCING EXCEPTION.— 
Notwithstanding the provisions of paragraphs (1) through 
(3) of section 502(b), a State shall be eligible for grants 
under this title, if the State, not later than the date of 
the enactment of this title— 
‘‘(1) practices indeterminant sentencing; and 
‘‘(2) the average times served in such State for 
the offenses of murder, rape, robbery, and assault 
exceed, by 10 percent or greater, the national aver-
age of times served for such offenses. 
‘‘(b) EXCEPTION.—The requirements under section 
502(b) shall apply, except that a State may provide that 
the Governor of the State may allow for the release of 
a prisoner over the age of 70 after a public hearing in 
which representatives of the public and the prisoner’s vic-
tims have an opportunity to be heard regarding a proposed 
release. 
‘‘SEC. 505. FORMULA FOR GRANTS. 
‘‘To determine the amount of funds that each eligible 
State or eligible States organized as a regional compact 
may receive to carry out programs under section 502 or 
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503, the Attorney General shall apply the following for-
mula: 
‘‘(1) $500,000 or 0.40 percent, whichever is 
greater shall be allocated to each participating State 
or compact, as the case may be; and 
‘‘(2) of the total amount of funds remaining 
after the allocation under paragraph (1), there shall 
be allocated to each State or compact, as the case 
may be, an amount which bears the same ratio to 
the amount of remaining funds described in this 
paragraph as the population of such State or com-
pact, as the case may be, bears to the population of 
all the States. 
‘‘SEC. 506. ACCOUNTABILITY. 
‘‘(a) FISCAL REQUIREMENTS.—A State or States or-
ganized as a regional compact that receives funds under 
this title shall use accounting, audit, and fiscal procedures 
that conform to guidelines which shall be prescribed by 
the Attorney General. 
‘‘(b) REPORTING.—Each State that receives funds 
under this title shall submit an annual report, beginning 
on January 1, 1996, and each January 1 thereafter, to 
the Congress regarding compliance with the requirements 
of this title. 
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‘‘(c) ADMINISTRATIVE PROVISIONS.—The adminis-
trative provisions of sections 801 and 802 of the Omnibus 
Crime Control and Safe Streets Act of 1968 shall apply 
to the Attorney General in the same manner as such provi-
sions apply to the officials listed in such sections. 
‘‘SEC. 507. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to carry out this title— 
‘‘(1) $232,000,000 for fiscal year 1995; 
‘‘(2) $997,500,000 for fiscal year 1996; 
‘‘(3) $1,330,000,000 for fiscal year 1997; 
‘‘(4) $2,527,000,000 for fiscal year 1998; 
‘‘(5) $2,660,000,000 for fiscal year 1999; and 
‘‘(6) $2,753,100,000 for fiscal year 2000. 
‘‘(b) RESTRICTION.—No funds may be used for other 
purposes authorized by this Act in fiscal years 1995 
through 1999 unless the programs under this title are 
fully funded in such years. 
‘‘(c) LIMITATIONS ON FUNDS.— 
‘‘(1) USES OF FUNDS.—Funds made available 
under this title may be used to carry out the pur-
poses described in section 501(a). 
‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds 
made available under this section shall not be used 
to supplant State funds, but shall be used to in-
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crease the amount of funds that would, in the ab-
sence of Federal funds, be made available from 
State sources. 
‘‘(3) ADMINISTRATIVE COSTS.—Not more than 
three percent of the funds available under this sec-
tion may be used for administrative costs. 
‘‘(4) MATCHING FUNDS.—The Federal share of 
a grant received under this title may not exceed 75 
percent of the costs of a proposal as described in an 
application approved under this title. 
‘‘(5) CARRY OVER OF APPROPRIATIONS.—Any 
funds appropriated but not expended as provided by 
this section during any fiscal year shall remain avail-
able until expended. 
‘‘SEC. 508. DEFINITIONS. 
‘‘As used in this title— 
‘‘(1) the term ‘indeterminate sentencing’ means 
a system by which— 
‘‘(A) the court has discretion on imposing 
the actual length of the sentence imposed, up to 
the statutory maximum; and 
‘‘(B) an administrative agency, generally 
the parole board, controls release between 
court-ordered minimum and maximum sen-
tence; 
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‘‘(2) the term ‘serious violent felony’ means— 
‘‘(A) an offense that is a felony and has as 
an element the use, attempted use, or threat-
ened use of physical force against the person or 
property of another and has a maximum term 
of imprisonment of 10 years or more, 
‘‘(B) any other offense that is a felony and 
that, by its nature, involves a substantial risk 
that physical force against the person or prop-
erty of another may be used in the course of 
committing the offense and has a maximum 
term of imprisonment of 10 years or more, or 
‘‘(C) such crimes include murder, assault 
with intent to commit murder, arson, armed 
burglary, rape, assault with intent to commit 
rape, kidnapping, and armed robbery; and 
‘‘(3) the term ‘State’ means a State of the 
United States, the District of Columbia, or any com-
monwealth, territory, or possession of the United 
States.’’. 
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TITLE VI—EXCLUSIONARY RULE 
REFORM 
SEC. 601. ADMISSIBILITY OF CERTAIN EVIDENCE. 
(a) IN GENERAL.—Chapter 223 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3510. Admissibility of evidence obtained by search 
or seizure 
‘‘(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 ground 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.’’. 
(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—STOPPING ABUSIVE 
PRISONER LAWSUITS 
SEC. 701. EXHAUSTION REQUIREMENT. 
Section 7(a)(1) of the Civil Rights of Institutionalized 
Persons Act (42 U.S.C. 1997d) is amended— 
(1) by striking ‘‘in any action brought’’ and in-
serting ‘‘no action shall be brought’’; 
(2) by striking ‘‘the court shall’’ and all that 
follows through ‘‘require exhaustion of’’ and insert 
‘‘until’’; and 
(3) by inserting ‘‘are exhausted’’ after ‘‘avail-
able’’. 
SEC. 702. FRIVOLOUS ACTIONS. 
Section 7(a) of the Civil Rights of Institutionalized 
Persons Act (42 U.S.C. 1997d(a)) is amended by adding 
at the end the following: 
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‘‘(3) The court shall on its own motion or on 
motion of a party dismiss any action brought pursu-
ant to section 1979 of the Revised Statutes of the 
United States by an adult convicted of a crime and 
confined in any jail, prison, or other correctional fa-
cility if the court is satisfied that the action fails to 
state a claim upon which relief can be granted or is 
frivolous or malicious. 
SEC. 703. MODIFICATION OF REQUIRED MINIMUM STAND-
ARDS. 
Section 7(b)(2) of the Civil Rights of Institutionalized 
Persons Act (42 U.S.C. 1997d(b)(2)) is amended by strik-
ing subparagraph (A) and redesignating subparagraphs 
(B) through (E) as subparagraphs (A) through (D), re-
spectively. 
SEC. 704. PROCEEDINGS IN FORMA PAUPERIS. 
(a) DISMISSAL.—Section 1915(d) of title 28, United 
States Code, is amended— 
(1) by inserting ‘‘at any time’’ after ‘‘counsel 
and may’’; and 
(2) by striking ‘‘and may’’ and inserting ‘‘and 
shall’’; 
(3) by inserting ‘‘fails to state a claim upon 
which relief may be granted or’’ after ‘‘that the ac-
tion’’; and 
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(4) by inserting ‘‘even if partial filing fees have 
been imposed by the court’’ before the period. 
(b) PRISONER’S STATEMENT OF ASSETS.—Section 
1915 of title 28, United States Code, is amended by add-
ing at the end the following: 
‘‘(f) If a prisoner in a correctional institution files 
an affidavit in accordance with subsection (a) of this sec-
tion, such prisoner shall include in that affidavit a state-
ment of all assets such prisoner possesses. The court shall 
make inquiry of the correctional institution in which the 
prisoner is incarcerated for information available to that 
institution relating to the extent of the prisoner’s assets. 
The court shall require full or partial payment of filing 
fees according to the prisoner’s ability to pay.’’. 
TITLE VIII—FURTHER STREAM-
LINING 
DEPORTATION 
OF 
CRIMINAL ALIENS 
SEC. 801. ADDITIONAL EXPANSION OF DEFINITION OF AG-
GRAVATED FELONY. 
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)), as 
amended by section 222 of the Immigration Technical 
Amendments Act of 1994 (Public Law 103–416), is 
amended— 
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(1) in subparagraph (J), by inserting ‘‘, or an 
offense described in section 1084 (if it is a second 
or subsequent offense) or 1955 of that title (relating 
to gambling offenses),’’ after ‘‘corrupt organiza-
tions)’’; 
(2) in subparagraph (K)— 
(A) by striking ‘‘or’’ at the end of clause 
(i), 
(B) by redesignating clause (ii) as clause 
(iii), and 
(C) by inserting after clause (i) the fol-
lowing new clause: 
‘‘(ii) is described in section 2421, 
2422, or 2423 of title 18, United States 
Code (relating to transportation for the 
purpose of prostitution) for commercial ad-
vantage; or’’; 
(3) in subparagraph (N), by striking ‘‘of title 
18, United States Code’’; 
(4) in subparagraph (O), by striking ‘‘which 
constitutes’’ and all that follows up to the semicolon 
at the end and inserting ‘‘, for the purpose of com-
mercial advantage’’; 
(5) by striking ‘‘and’’ at the end of subpara-
graph (P); 
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(6) by striking the period at the end of sub-
paragraph (Q) and inserting a semicolon; and 
(7) by inserting after subparagraph (Q) the fol-
lowing new subparagraphs: 
‘‘(R) an offense relating to commercial 
bribery, counterfeiting, forgery, or trafficking in 
vehicles the identification numbers of which 
have been altered for which a sentence of 5 
years’ imprisonment or more may be imposed; 
‘‘(S) an offense relating to perjury or sub-
ornation of perjury for which a sentence of 5 
years’ imprisonment or more may be imposed; 
and 
‘‘(T) an offense relating to a failure to ap-
pear before a court pursuant to a court order 
to answer to or dispose of a charge of a felony 
for which a sentence of 2 years’ imprisonment 
or more may be imposed.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to convictions entered on or 
after the date of the enactment of this Act, except that 
the amendment made by subsection (a)(3) shall take effect 
as if included in the enactment of section 222 of the Immi-
gration Technical Amendments Act of 1994. 
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SEC. 
802. 
DEPORTATION 
PROCEDURES 
FOR 
CERTAIN 
CRIMINAL ALIENS WHO ARE NOT PERMA-
NENT RESIDENTS. 
(a) ADMINISTRATIVE HEARINGS.—Section 242A(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1252a(b)), as added by section 130004(a) of the Violent 
Crime Control and Law Enforcement Act of 1994 (Public 
Law 103–322), is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A) and inserting ‘‘or’’, and 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) had permanent resident status on a 
conditional basis (as described in section 216) 
at the time that proceedings under this section 
commenced.’’; 
(2) in paragraph (3), by striking ‘‘30 calendar 
days’’ and inserting ‘‘14 calendar days’’; 
(3) 
in 
paragraph 
(4)(B), 
by 
striking 
‘‘proccedings’’ and inserting ‘‘proceedings’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(5) No alien described in this section shall be 
eligible for any relief from deportation that the At-
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torney General may grant in the Attorney General’s 
discretion.’’. 
(b) LIMIT ON JUDICIAL REVIEW.—Subsection (d) of 
section 106 of the Immigration and Nationality Act (8 
U.S.C. 1105a), as added by section 130004(b) of the Vio-
lent Crime Control and Law Enforcement Act of 1994 
(Public Law 103–322), is amended to read as follows: 
‘‘(d) Notwithstanding subsection (c), a petition for 
review or for habeas corpus on behalf of an alien described 
in section 242A(c) may only challenge whether the alien 
is in fact an alien described in such section, and no court 
shall have jurisdiction to review any other issue.’’. 
(c) PRESUMPTION
OF
DEPORTABILITY.—Section 
242A of the Immigration and Nationality Act (8 U.S.C. 
1252a) is amended by inserting after subsection (b) the 
following new subsection: 
‘‘(c) PRESUMPTION OF DEPORTABILITY.—An alien 
convicted of an aggravated felony shall be conclusively pre-
sumed to be deportable from the United States.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to all aliens against whom deporta-
tion proceedings are initiated after the date of the enact-
ment of this Act. 
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SEC. 803. RESTRICTING DEFENSES TO DEPORTATION FOR 
CERTAIN CRIMINAL ALIENS. 
(a) DEFENSES BASED ON SEVEN YEARS OF PERMA-
NENT RESIDENCE.—The last sentence of section 212(c) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(c)) is amended by striking ‘‘has served for such fel-
ony or felonies’’ and all that follows through the period 
and inserting ‘‘has been sentenced for such felony or felo-
nies to a term of imprisonment of at least 5 years, if the 
time for appealing such conviction or sentence has expired 
and the sentence has become final.’’. 
(b) DEFENSES BASED ON WITHHOLDING OF DEPOR-
TATION.—Section 243(h)(2) of such Act (8 U.S.C. 
1253(h)(2)) is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(C), 
(2) by inserting ‘‘or’’ at the end of subpara-
graph (D), and 
(3) by striking the final sentence and inserting 
the following new subparagraph: 
‘‘(E) the alien has been convicted of an ag-
gravated felony.’’. 
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SEC. 804. LIMITATION ON COLLATERAL ATTACKS ON UN-
DERLYING DEPORTATION ORDER. 
(a) IN GENERAL.—Section 276 of the Immigration 
and Nationality Act (8 U.S.C. 1326) is amended by add-
ing at the end the following new subsection: 
‘‘(c) In a criminal proceeding under this section, an 
alien may not challenge the validity of the deportation 
order described in subsection (a)(1) or subsection (b) un-
less the alien demonstrates that— 
‘‘(1) the alien exhausted any administrative 
remedies that may have been available to seek relief 
against the order; 
‘‘(2) the deportation proceedings at which the 
order was issued improperly deprived the alien of the 
opportunity for judicial review; and 
‘‘(3) the entry of the order was fundamentally 
unfair.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to criminal proceedings initiated 
after the date of the enactment of this Act. 
SEC. 805. CRIMINAL ALIEN TRACKING CENTER. 
Section 130002(a) of the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103–312) is 
amended to read as follows: 
‘‘(a) OPERATION AND PURPOSE.—The Commissioner 
of Immigration and Naturalization, with the cooperation 
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of the Director of the Federal Bureau of Investigation and 
the heads of other agencies, shall, under the authority of 
section 242(a)(3)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien 
tracking center. The criminal alien tracking center shall 
be used to assist Federal, State, and local law enforcement 
agencies in identifying and locating aliens who may be 
subject to deportation by reason of their conviction of ag-
gravated felonies.’’. 
SEC. 806. MISCELLANEOUS PROVISIONS. 
(a) USE OF ELECTRONIC AND TELEPHONIC MEDIA 
IN DEPORTATION HEARINGS.—The second sentence of 
section 242(b) of the Immigration and Nationality Act (8 
U.S.C. 1252(b)) is amended by inserting before the period 
the following: ‘‘; except that nothing in this subsection 
shall preclude the Attorney General from authorizing pro-
ceedings by electronic or telephonic media (with the con-
sent of the alien) or, where waived or agreed to by the 
parties, in the absence of the alien’’. 
(b) CODIFICATION.— 
(1) Section 242(i) of such Act (8 U.S.C. 
1252(i)) is amended by adding at the end the fol-
lowing: ‘‘Nothing in this subsection shall be con-
strued to create any substantive or procedural right 
or benefit that is legally enforceable by any party 
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against the United States or its agencies or officers 
or any other person.’’. 
(2) Section 225 of the Immigration Technical 
Amendments Act of 1994 (Public Law 103–416) is 
amended by striking ‘‘and nothing in’’ and all that 
follows through ‘‘1252(i))’’. 
(3) The amendments made by this subsection 
shall take effect as if included in the enactment of 
the Immigration Technical Amendments Act of 1994 
(Public Law 103–416). 
SEC. 807. CONSTRUCTION OF EXPEDITED DEPORTATION 
REQUIREMENTS. 
No amendment made by this title shall be construed 
to create any substantive or procedural right or benefit 
that is legally enforceable by any party against the United 
States or its agencies or officers or any other person. 
TITLE IX—AMENDMENTS TO VIO-
LENT CRIME CONTROL AND 
LAW ENFORCEMENT ACT 
SEC. 901. PRISONS. 
Subtitle A of title II of the Violent Crime Control 
and Law Enforcement Act of 1994 is repealed. 
SEC. 902. CRIME PREVENTION. 
Subtitles A through S and subtitle X of title III of 
the Violent Crime Control and Law Enforcement Act of 
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1994 are repealed and the provisions of law amended by 
such subtitles shall read as if the amendments made by 
such subtitles had not been enacted. 
Æ 
HR 3 SC——2 
HR 3 SC——3 
HR 3 SC——4 
HR 3 SC——5 
HR 3 SC——6 
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