I 
104TH CONGRESS 
1ST SESSION 
H. R. 3 
To control crime. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 1995 
Mr. MCCOLLUM, Mr. CANADY, Mr. BARR, and Mr. BREWSTER (for them-
selves, Mr. ALLARD, Mr. ARMEY, Mr. BACHUS, Mr. BAKER of California, 
Mr. BALLENGER, Mr. BARTLETT of Maryland, Mr. BARTON of Texas, 
Mr. BILIRAKIS, Mr. BLILEY, Mr. BLUTE, Mr. BONO, Mr. BUNNING of 
Kentucky, Mr. BURR, Mr. CALLAHAN, Mr. CALVERT, Mr. CAMP, Mr. 
CHRISTENSEN, Mr. CHRYSLER, Mr. CLINGER, Mr. COBURN, Mr. 
COOLEY, Mr. CREMEANS, Mrs. CUBIN, Mr. DAVIS, Mr. DOOLITTLE, Mr. 
DORNAN, Ms. DUNN, Mr. ENGLISH of Pennsylvania, Mr. EMERSON, Mr. 
EWING, Mr. EVERETT, Mr. FLANAGAN, Mr. FOLEY, Mr. FORBES, Mrs. 
FOWLER, Mr. FOX, Mr. FRISA, Mr. GANSKE, Mr. GILCHREST, Mr. GIL-
MAN, Mr. GOODLATTE, Mr. GORDON, Mr. GOSS, Mr. GREENWOOD, Mr. 
HANCOCK, 
Mr. 
HASTERT, 
Mr. 
HASTINGS
of 
Washington, 
Mr. 
HAYWORTH, Mr. HEINEMAN, Mr. HERGER, Mr. HILLEARY, Mr. HOBSON, 
Mr. HOKE, Mr. HOSTETTLER, Mr. HUTCHINSON, Mr. INGLIS of South 
Carolina, Mr. ISTOOK, Mr. JONES, Mr. KIM, Mr. KINGSTON, Mr. 
KNOLLENBERG, Mr. LAHOOD, Mr. LARGENT, Mr. LATHAM, Mr. 
LATOURETTE, Mr. LEWIS of Kentucky, Mr. LIGHTFOOT, Mr. LINDER, 
Mr. MCHUGH, Mr. MCINTOSH, Mr. MICA, Mr. MILLER of Florida, Ms. 
MOLINARI, Mrs. MYRICK, Mr. NUSSLE, Mr. OXLEY, Mr. PACKARD, Mr. 
POMBO, Mr. QUINN, Mr. RADANOVICH, Mr. RIGGS, Mr. ROHRABACHER, 
Mr. ROTH, Mr. ROYCE, Mr. SAXTON, Mr. SENSENBRENNER, Mr. SHAD-
EGG, Mr. SHAW, Mr. SMITH of Michigan, Mr. SMITH of Texas, Mr. SOL-
OMON, Mr. STEARNS, Mr. STOCKMAN, Mr. STUMP, Mr. TATE, Mr. TAY-
LOR of North Carolina, Mr. THORNBERRY, Mr. TIAHRT, Mrs. WALD-
HOLTZ, Mr. WAMP, Mr. WELDON of Pennsylvania, Mr. WELLER, Mr. 
WICKER, Mr. ZIMMER, Mr. CRAPO, Mr. KOLBE, Mr. PAXON, Mr. YOUNG 
of Florida, Mr. WELDON of Florida, Mr. COMBEST, Mr. COBLE, Mr. 
EHRLICH, Mrs. MEYERS of Kansas, and Mr. HUNTER) introduced the 
following bill; which was referred to the Committee on the Judiciary 
FEBRUARY 7, 1995 
Additional sponsors: Mr. NORWOOD, Mr. BURTON of Indiana, Mr. MOOR-
HEAD, Mr. CUNNINGHAM, Mrs. VUCANOVICH, Mr. WALKER, Mr. SAM 
JOHNSON of Texas, Mr. CONDIT, Mr. COLLINS of Georgia, Mr. ROBERTS, 
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Mr. BRYANT of Tennessee, Mr. TALENT, and Mr. PETERSON of Min-
nesota 
A BILL 
To control 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Taking Back Our Streets Act of 1995’’. 
(b) TABLE OF CONTENTS.—The table of contents is 
as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—EFFECTIVE DEATH PENALTY 
Subtitle A—Habeas Corpus Reform 
CHAPTER 1—POST CONVICTION PETITIONS: GENERAL HABEAS CORPUS 
REFORM 
Sec. 101. Period of limitation for filing writ of habeas corpus following final 
judgment of a State court. 
Sec. 102. Authority of appellate judges to issue certificates of probable cause 
for appeal in habeas corpus and Federal collateral relief pro-
ceedings. 
Sec. 103. Conforming amendment to the rules of appellate procedure. 
Sec. 104. Discretion to deny habeas corpus application despite failure to ex-
haust State remedies. 
Sec. 105. Period of limitation for Federal prisoners filing for collateral remedy. 
CHAPTER 2—SPECIAL PROCEDURES FOR COLLATERAL PROCEEDINGS IN 
CAPITAL CASES 
Sec. 106. Death penalty litigation procedures. 
CHAPTER 3—FUNDING FOR LITIGATION OF FEDERAL HABEAS CORPUS 
PETITIONS IN CAPITAL CASES 
Sec. 107. Funding for death penalty prosecutions. 
Subtitle B—Federal Death Penalty Procedures Reform 
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Sec. 111. Federal death penalty procedures reform. 
TITLE II—DETERRING GUN CRIMES 
Sec. 201. Mandatory prison terms for use, possession, or carrying of a firearm 
or destructive device during a State crime of violence or State 
drug trafficking crime. 
TITLE III—MANDATORY VICTIM RESTITUTION 
Sec. 301. Mandatory restitution and other provisions. 
TITLE IV—LAW ENFORCEMENT BLOCK GRANTS 
Sec. 401. Block grant program. 
TITLE V—TRUTH IN SENTENCING GRANTS 
Sec. 501. Truth in sentencing grant program. 
TITLE VI—EXCLUSIONARY RULE REFORM 
Sec. 601. Admissibility of certain evidence. 
TITLE VII—STOPPING ABUSIVE PRISONER LAWSUITS 
Sec. 701. Exhaustion requirement. 
Sec. 702. Frivolous actions. 
Sec. 703. Modification of required minimum standards. 
Sec. 704. Proceedings in forma pauperis. 
TITLE VIII—FURTHER STREAMLINING DEPORTATION OF 
CRIMINAL ALIENS 
Sec. 801. Additional expansion of definition of aggravated felony. 
Sec. 802. Deportation procedures for certain criminal aliens who are not per-
manent residents. 
Sec. 803. Restricting defenses to deportation for certain criminal aliens. 
Sec. 804. Limitation on collateral attacks on underlying deportation order. 
Sec. 805. Criminal alien tracking center. 
Sec. 806. Miscellaneous provisions. 
Sec. 807. Construction of expedited deportation requirements. 
TITLE IX—AMENDMENTS TO VIOLENT CRIME CONTROL AND 
LAW ENFORCEMENT ACT 
Sec. 901. Deletion or replacement of programs. 
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TITLE I—EFFECTIVE DEATH 
PENALTY 
Subtitle A—Habeas Corpus Reform 
CHAPTER 
1—POST 
CONVICTION 
PETI-
TIONS: GENERAL HABEAS CORPUS RE-
FORM 
SEC. 101. PERIOD OF LIMITATION FOR FILING WRIT OF 
HABEAS CORPUS FOLLOWING FINAL JUDG-
MENT 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 
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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. 102. AUTHORITY OF APPELLATE JUDGES TO ISSUE 
CERTIFICATES OF PROBABLE CAUSE FOR 
APPEAL IN HABEAS CORPUS AND FEDERAL 
COLLATERAL 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 pro-
ceeding 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. 
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‘‘(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. A 
certificate of probable cause may only issue if the peti-
tioner has made a substantial showing of the denial of a 
Federal right. The certificate of probable cause must indi-
cate which specific issue or issues satisfy this standard.’’. 
SEC. 103. CONFORMING AMENDMENT TO THE RULES OF 
APPELLATE 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 
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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.’’. 
SEC. 104. 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 
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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. 105. 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. 
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‘‘(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.’’. 
CHAPTER 2—SPECIAL PROCEDURES FOR 
COLLATERAL PROCEEDINGS IN CAP-
ITAL CASES 
SEC. 106. DEATH PENALTY LITIGATION PROCEDURES. 
(a) IN GENERAL.—Title 28, United States Code, is 
amended by inserting the following new chapter after 
chapter 153: 
‘‘CHAPTER 154—SPECIAL 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. Certificate of probable cause inapplicable. 
‘‘2260. Application to State unitary review procedures. 
‘‘2261. Limitation periods for determining petitions. 
‘‘2262. Rule of construction. 
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‘‘§ 2256. Prisoners in State custody subject to capital 
sentence; appointment of counsel; re-
quirement of rule of court or statute; pro-
cedures for appointment 
‘‘(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 
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 indigent and accepted the offer or is unable 
competently to decide whether to accept or reject the offer; 
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(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 consequences; or (3) denying 
the appointment of counsel upon a finding that the pris-
oner is not indigent. 
‘‘(d) No counsel appointed pursuant to subsections 
(b) and (c) to represent a State prisoner under capital 
sentence shall have previously represented the prisoner at 
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 pro-
ceedings 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. 
‘‘§ 2257. Mandatory stay of execution; duration; limits 
on stays of execution; successive peti-
tions 
‘‘(a) Upon the entry in the appropriate State court 
of record of an order under section 2256(c), a warrant 
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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— 
‘‘(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 certiorari has expired and no petition has been 
filed; (B) a timely petition for certiorari was filed 
and the Supreme Court denied the petition; or (C) 
a timely petition for certiorari was filed and upon 
consideration of the case, the Supreme Court dis-
posed 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-
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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-
thority to enter a stay of execution or 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 re-
sult of State action in violation of the Constitution 
or laws of the United States; (B) the result of the 
Supreme Court recognition of a new Federal right 
that is retroactively 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 review; 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. 
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‘‘(d) Notwithstanding any other provision of law, no 
Federal district court or appellate judge shall have the au-
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. 
‘‘§ 2258. Filing of habeas corpus petition; time re-
quirements; 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 
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2256(c). The time requirements established by this section 
shall be tolled— 
‘‘(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 
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a habeas corpus petition under section 2254; and 
(B) a showing of good cause is made for the failure 
to file the habeas corpus petition within the time pe-
riod established by this section. 
‘‘§ 2259. Certificate of probable cause inapplicable 
‘‘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. 
‘‘§ 2260. Application to State unitary review proce-
dure 
‘‘(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 establishes 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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court or statute must provide standards of competency for 
the appointment of such counsel. 
‘‘(b) A unitary review procedure, to qualify under this 
section, must include an offer of counsel following trial 
for the purpose of representation on unitary review, and 
entry of an order, as provided in section 2256(c), con-
cerning appointment of counsel or waiver or denial of ap-
pointment of counsel for that purpose. No counsel ap-
pointed to represent the prisoner in the unitary review 
proceedings shall have previously represented the prisoner 
at trial in the case for which the appointment is made 
unless the prisoner and counsel expressly request contin-
ued representation. 
‘‘(c) Sections 2257, 2258, 2259, and 2261 shall apply 
in relation to cases involving a sentence of death from any 
State having a unitary review procedure that qualifies 
under this section. References to State ‘post-conviction re-
view’ and ‘direct review’ in those sections shall be under-
stood as referring to unitary review under the State proce-
dure. The references in sections 2257(a) and 2258 to ‘an 
order under section 2256(c)’ shall be understood as refer-
ring to the post-trial order under subsection (b) con-
cerning representation in the unitary review proceedings, 
but if a transcript of the trial proceedings is unavailable 
at the time of the filing of such an order in the appropriate 
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State court, then the start of the one hundred and eighty 
day limitation period under section 2258 shall be deferred 
until a transcript is made available to the prisoner or his 
counsel. 
‘‘§ 2261. Limitation periods for determining petitions 
‘‘(a)(1) A Federal district court shall determine such 
a petition or motion within 60 days of any argument heard 
on an evidentiary hearing, or where no evidentiary hearing 
is held, within 60 days of any final argument heard in 
the case. 
‘‘(2)(A) The court of appeals shall determine any ap-
peal relating to such a petition or motion within 90 days 
after the filing of any reply brief or within 90 days after 
such reply brief would be due. For purposes of this provi-
sion, any reply brief shall be due within 14 days of the 
opposition brief. 
‘‘(B) The court of appeals shall decide any petition 
for rehearing and or request by an appropriate judge for 
rehearing en banc within 20 days of the filing of such a 
petition or request unless a responsive pleading is required 
in which case the court of appeals shall decide the applica-
tion within 20 days of the filing of the responsive pleading. 
If en banc consideration is granted, the en banc court shall 
determine the appeal within 90 days of the decision to 
grant such consideration. 
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‘‘(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. 
‘‘(b) The time limitations under subsection (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 re-determination of a petition or 
motion or related appeal following a remand by the court 
of appeals or the Supreme Court for further proceedings, 
and in such a 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. 
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‘‘(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. 
‘‘(f) The adjudication of any petition under section 
2254 of this title that is subject to this chapter, and the 
adjudication of any motion under section 2255 of this title 
by a person under sentence of death, shall be given pri-
ority by the district court and by the court of appeals over 
all noncapital matters. 
‘‘§ 2262. 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’’. 
CHAPTER 3—FUNDING FOR LITIGATION 
OF FEDERAL HABEAS CORPUS PETI-
TIONS IN CAPITAL CASES 
SEC. 107. FUNDING FOR DEATH PENALTY PROSECUTIONS. 
Part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 
amended by adding at the end the following new section: 
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‘‘SEC. 515. Notwithstanding any other provision of 
this subpart, the Director shall provide grants to the 
States, from the funding allocated pursuant to section 
511, for the purpose of supporting litigation pertaining to 
Federal habeas corpus petitions in capital cases. The total 
funding available for such grants within any fiscal year 
shall be equal to the funding provided to capital resource 
centers, pursuant to Federal appropriation, in the same 
fiscal year.’’. 
Subtitle B—Federal Death Penalty 
Procedures Reform 
SEC. 111. FEDERAL DEATH PENALTY PROCEDURES RE-
FORM. 
(a) IN GENERAL.—Subsection (e) of section 3593 of 
title 18, United States Code, is amended by striking 
‘‘Based upon this consideration’’ and all that follows 
through the end of such subsection and inserting the fol-
lowing: ‘‘The jury, or if there is no jury, the court, shall 
then consider whether the aggravating factor or factors 
found to exist outweigh any mitigating factors. The jury, 
or if there is no jury, the court shall recommend a sen-
tence of death if it unanimously finds at least one aggra-
vating factor and no mitigating factor or if it finds one 
or more aggravating factors which outweigh any miti-
gating factors. In any other case, it shall not recommend 
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a sentence of death. The jury shall be instructed that it 
must avoid any influence of sympathy, sentiment, passion, 
prejudice, or other arbitrary factors in its decision, and 
should make such a recommendation as the information 
warrants. The jury shall be instructed that its rec-
ommendation concerning a sentence of death is to be 
based on the aggravating factor or factors and any miti-
gating factors which have been found, but that the final 
decision concerning the balance of aggravating and miti-
gating factors is a matter for the jury’s judgment.’’. 
(b) CONFORMING AMENDMENT.—Section 3594 of 
title 18, United States Code, is amended by striking ‘‘or 
life imprisonment without possibility of release’’. 
TITLE II—DETERRING GUN 
CRIMES 
SEC. 201. MANDATORY PRISON TERMS FOR CARRYING, 
USING, OR DISCHARGING A FIREARM OR DE-
STRUCTIVE DEVICE DURING A STATE CRIME 
THAT IS A SERIOUS VIOLENT FELONY OR SE-
RIOUS DRUG OFFENSE. 
Section 924(c) of title 18, United States Code, is 
amended to read as follows: 
‘‘(c)(1)(A)(i) A person who, during and in relation 
to a serious violent felony or serious drug offense (includ-
ing a serious violent felony or serious drug offense that 
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provides for an enhanced punishment if committed by the 
use of a deadly or dangerous weapon or device) for which 
the person may be prosecuted in a court of any State— 
‘‘(I) knowingly carries a firearm, shall, in addi-
tion to the sentence imposed for the serious violent 
felony or serious drug offense, be sentenced to im-
prisonment for not less than 5 years; 
‘‘(II) knowingly uses a firearm, shall, in addi-
tion to the sentence imposed for the serious violent 
felony or serious drug offense, be sentenced to im-
prisonment for not less than 10 years; or 
‘‘(III) discharges a firearm with the intent to 
injure another person, shall, in addition to the sen-
tence imposed for the serious violent felony or seri-
ous drug offense, be sentenced to imprisonment for 
not less than 30 years; 
except that if the firearm is a machinegun or destructive 
device or is equipped with a firearm silencer or firearm 
muffler, the person shall, in addition to the sentence im-
posed for the serious violent felony or serious drug offense, 
be sentenced to life imprisonment. 
‘‘(B) Subparagraph (A) shall not apply to the con-
duct of a person in defense of person or property during 
the course of a crime committed by another person (in-
cluding the arrest or attempted arrest of such other per-
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son during or immediately after the commission of the 
crime), unless the person engaged in or participated in 
criminal conduct that gave rise to the criminal conduct 
of such other person. 
‘‘(C) It is the intent of the Congress that— 
‘‘(i) this paragraph shall be used to supplement 
but not supplant the efforts of State and local pros-
ecutors in prosecuting serious violent felonies and 
serious drug offenses that could be prosecuted under 
State law; and 
‘‘(ii) the Attorney General shall give due def-
erence to the interest that a State or local pros-
ecutor has in prosecuting a person under State law. 
‘‘(2)(A)(i) A person who, during and in relation to 
a crime of violence or drug trafficking crime (including 
a crime of violence or drug trafficking crime that provides 
for an enhanced punishment if committed by the use of 
a deadly or dangerous weapon or device) for which the 
person may be prosecuted in a court of the United 
States— 
‘‘(I) knowingly carries a firearm, shall, in addi-
tion to the sentence imposed for the crime of vio-
lence or drug trafficking crime, be sentenced to im-
prisonment for not less than 5 years; 
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‘‘(II) knowingly uses a firearm, shall, in addi-
tion to the sentence imposed for the crime of vio-
lence or drug trafficking crime, be sentenced to im-
prisonment for not less than 10 years; or 
‘‘(III) discharges a firearm with the intent to 
injure another person, shall, in addition to the sen-
tence imposed for the crime of violence or drug traf-
ficking crime, be sentenced to imprisonment for not 
less than 20 years. 
‘‘(ii) A person who, during and in relation to a crime 
of violence or drug trafficking crime (including a crime 
of violence or drug trafficking crime that provides for an 
enhanced punishment if committed by the use of a deadly 
or dangerous weapon or device) for which the person may 
be prosecuted in a court of the United States— 
‘‘(I) knowingly carries a short-barreled rifle, 
short-barreled shotgun, or semiautomatic assault 
weapon, shall, in addition to the sentence imposed 
for the crime of violence or drug trafficking crime, 
be sentenced to imprisonment for not less than 10 
years; 
‘‘(II) knowingly uses a short-barreled rifle, 
short-barreled shotgun, or semiautomatic assault 
weapon, shall, in addition to the sentence imposed 
for the crime of violence or drug trafficking crime, 
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hanced punishment if committed by the use of a deadly 
or dangerous weapon or device) for which the person may 
be prosecuted in a court of the United States— 
‘‘(i) knowingly carries a firearm, shall, in addi-
tion to the sentence imposed for the serious violent 
felony or serious drug offense, be sentenced to im-
prisonment for not less than 10 years; 
‘‘(ii) knowingly uses a firearm, shall, in addition 
to the sentence imposed for the serious violent felony 
or serious drug offense, be sentenced to imprison-
ment for not less than 20 years; or 
‘‘(iii) discharges a firearm with the intent to in-
jure another person, shall, in addition to the sen-
tence imposed for the serious violent felony or seri-
ous drug offense, be sentenced to imprisonment for 
not less than 20 years; 
except that, if the firearm is a machinegun or destructive 
device or is equipped with a firearm silencer or firearm 
muffler, the person shall, in addition to the sentence im-
posed for the serious violent felony or serious drug offense, 
be sentenced to imprisonment for not less than 30 years. 
‘‘(ii) A person who has been convicted under this sub-
section and who, during and in relation to a serious violent 
felony or serious drug offense (including a serious violent 
felony or serious drug offense that provides for an en-
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hanced punishment if committed by the use of a deadly 
or dangerous weapon or device) for which the person may 
be prosecuted in a court of any State— 
‘‘(I) knowingly carries a firearm, shall, in addi-
tion to the sentence imposed for the serious violent 
felony or serious drug offense, be sentenced to im-
prisonment for not less than 10 years; 
‘‘(II) knowingly uses a firearm, shall, in addi-
tion to the sentence imposed for the serious violent 
felony or serious drug offense, be sentenced to im-
prisonment for not less than 20 years; or 
‘‘(III) discharges a firearm with the intent to 
injure another person, shall, in addition to the sen-
tence imposed for the serious violent felony or seri-
ous drug offense, be sentenced to imprisonment for 
not less than 30 years; 
except that if the firearm is a machinegun or destructive 
device or is equipped with a firearm silencer or firearm 
muffler, the person shall, in addition to the sentence im-
posed for the serious violent felony or serious drug offense, 
be sentenced to life imprisonment. 
‘‘(3)(A) Notwithstanding any other provision of law, 
the court shall not impose a probationary sentence on any 
person convicted of a violation of this subsection, nor shall 
a term of imprisonment imposed under this subsection run 
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concurrently with any other term of imprisonment includ-
ing that imposed for the serious violent felony, serious 
drug offense, crime of violence, or drug trafficking crime 
in which the firearm was used. 
‘‘(B) No person sentenced under this subsection shall 
be released for any reason whatsoever during a term of 
imprisonment imposed under this subsection. 
‘‘(4) As used in this subsection: 
‘‘(A) The term ‘serious violent felony’ means— 
‘‘(i) a crime of violence; or 
‘‘(ii) a serious violent felony (as defined in 
section 3559(c)(2)(F)). 
‘‘(B) The term ‘serious drug offense’ means— 
‘‘(i) a drug trafficking crime; 
‘‘(ii) an offense that is punishable under 
section 401(b)(1)(B) or section 408 of the Con-
trolled 
Substances 
Act 
(21 
U.S.C. 
841(b)(1)(B), 848), or section 1010(b)(1)(A) of 
the Controlled Substances Import and Export 
Act (21 U.S.C. 960(b)(1)(A)); or 
‘‘(III) an offense under State law that, had 
the offense been prosecuted in a court of the 
United States, would have been punishable 
under section 401(b)(1)(B) or section 408 of 
the Controlled Substances Act (21 U.S.C. 
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841(b)(1)(B), 848), or section 1010(b)(1)(A) of 
the Controlled Substances Import and Export 
Act (21 U.S.C. 960(b)(1)(A)). 
‘‘(C) The term ‘crime of violence’ means an of-
fense that is a felony and— 
‘‘(i) has as an element the use, attempted 
use, or threatened use of physical force against 
the person or property of another; or 
‘‘(ii) that by its nature, involves a substan-
tial risk that physical force against the person 
or property of another may be used in the 
course of committing the offense. 
‘‘(D) The term ‘drug trafficking crime’ means 
any felony punishable under the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.), the Controlled 
Substances Import and Export Act (21 U.S.C. 951 
et seq.), or the Maritime Drug Law Enforcement 
Act (46 U.S.C. App. 1901 et seq.).’’. 
TITLE III—MANDATORY VICTIM 
RESTITUTION 
SEC. 301. MANDATORY RESTITUTION AND OTHER PROVI-
SIONS. 
(a) ORDER OF RESTITUTION.—Section 3663 of title 
18, United States Code, is amended— 
(1) in subsection (a)— 
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(A) by striking ‘‘may order’’ and inserting 
‘‘shall order’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(4) In addition to ordering restitution of the victim 
of the offense of which a defendant is convicted, a court 
may order restitution of any person who, as shown by a 
preponderance of evidence, was harmed physically, emo-
tionally, or pecuniarily, by unlawful conduct of the defend-
ant during— 
‘‘(A) the criminal episode during which the of-
fense occurred; or 
‘‘(B) the course of a scheme, conspiracy, or pat-
tern of unlawful activity related to the offense.’’; 
(2) in subsection (b)(1)(B) by striking ‘‘imprac-
tical’’ and inserting ‘‘impracticable’’; 
(3) in subsection (b)(2) by inserting ‘‘emotional 
or’’ after ‘‘resulting in’’; 
(4) in subsection (b)— 
(A) by striking ‘‘and’’ at the end of para-
graph (4); 
(B) by redesignating paragraph (5) as 
paragraph (6); and 
(C) by inserting after paragraph (4) the 
following new paragraph: 
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‘‘(5) in any case, reimburse the victim for nec-
essary child care, transportation, and other expenses 
related to participation in the investigation or pros-
ecution of the offense or attendance at proceedings 
related to the offense; and’’. 
(5) in subsection (c) by striking ‘‘If the court 
decides to order restitution under this section, the’’ 
and inserting ‘‘The’’; 
(6) by striking subsections (d), (e), (f), (g), and 
(h); 
(7) by redesignating subsection (i) as subsection 
(m); and 
(8) by inserting after subsection (c) the fol-
lowing: 
‘‘(d)(1) The court shall order restitution to a victim 
in the full amount of the victim’s losses as determined by 
the court and without consideration of— 
‘‘(A) the economic circumstances of the of-
fender; or 
‘‘(B) the fact that a victim has received or is 
entitled to receive compensation with respect to a 
loss from insurance or any other source. 
‘‘(2) Upon determination of the amount of restitution 
owed to each victim, the court shall specify in the restitu-
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tion order the manner in which and the schedule according 
to which the restitution is to be paid, in consideration of— 
‘‘(A) the financial resources and other assets of 
the offender; 
‘‘(B) projected earnings and other income of 
the offender; and 
‘‘(C) any financial obligations of the offender, 
including obligations to dependents. 
‘‘(3) A restitution order may direct the offender to 
make a single, lump-sum payment, partial payment at 
specified intervals, or such in-kind payments as may be 
agreeable to the victim and the offender. 
‘‘(4) An in-kind payment described in paragraph (3) 
may be in the form of— 
‘‘(A) return of property; 
‘‘(B) replacement of property; or 
‘‘(C) services rendered to the victim or to a per-
son or organization other than the victim. 
‘‘(e) When the court finds that more than 1 offender 
has contributed to the loss of a victim, the court may make 
each offender liable for payment of the full amount of res-
titution or may apportion liability among the offenders to 
reflect the level of contribution and economic cir-
cumstances of each offender. 
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‘‘(f) When the court finds that more than 1 victim 
has sustained a loss requiring restitution by an offender, 
the court shall order full restitution of each victim but may 
provide for different payment schedules to reflect the eco-
nomic circumstances of each victim. 
‘‘(g)(1) If the victim has received or is entitled to re-
ceive compensation with respect to a loss from insurance 
or any other source, the court shall order that restitution 
be paid to the person who provided or is obligated to pro-
vide the compensation, but the restitution order shall pro-
vide that all restitution of victims required by the order 
be paid to the victims before any restitution is paid to 
such a provider of compensation. 
‘‘(2) The issuance of a restitution order shall not af-
fect the entitlement of a victim to receive compensation 
with respect to a loss from insurance or any other source 
until the payments actually received by the victim under 
the restitution order fully compensate the victim for the 
loss, at which time a person that has provided compensa-
tion to the victim shall be entitled to receive any payments 
remaining to be paid under the restitution order. 
‘‘(3) Any amount paid to a victim under an order of 
restitution shall be set off against any amount later recov-
ered as compensatory damages by the victim in— 
‘‘(A) any Federal civil proceeding; and 
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‘‘(B) any State civil proceeding, to the extent 
provided by the law of the State. 
‘‘(h) A restitution order shall provide that— 
‘‘(1) all fines, penalties, costs, restitution pay-
ments and other forms of transfers of money or 
property made pursuant to the sentence of the court 
shall be made by the offender to an entity des-
ignated by the Director of the Administrative Office 
of the United States Courts for accounting and pay-
ment by the entity in accordance with this sub-
section; 
‘‘(2) the entity designated by the Director of 
the Administrative Office of the United States 
Courts shall— 
‘‘(A) log all transfers in a manner that 
tracks the offender’s obligations and the cur-
rent status in meeting those obligations, unless, 
after efforts have been made to enforce the res-
titution order and it appears that compliance 
cannot be obtained, the court determines that 
continued recordkeeping under this subpara-
graph would not be useful; 
‘‘(B) notify the court and the interested 
parties when an offender is 90 days in arrears 
in meeting those obligations; and 
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‘‘(3) the offender shall advise the entity des-
ignated by the Director of the Administrative Office 
of the United States Courts of any change in the of-
fender’s address during the term of the restitution 
order. 
‘‘(i) A restitution order shall constitute a lien against 
all property of the offender and may be recorded in any 
Federal or State office for the recording of liens against 
real or personal property. 
‘‘(j) Compliance with the schedule of payment and 
other terms of a restitution order shall be a condition of 
any probation, parole, or other form of release of an of-
fender. If a defendant fails to comply with a restitution 
order, the court may revoke probation or a term of super-
vised release, modify the term or conditions of probation 
or a term of supervised release, hold the defendant in con-
tempt of court, enter a restraining order or injunction, 
order the sale of property of the defendant, accept a per-
formance bond, or take any other action necessary to ob-
tain compliance with the restitution order. In determining 
what action to take, the court shall consider the defend-
ant’s employment status, earning ability, financial re-
sources, the willfulness in failing to comply with the res-
titution order, and any other circumstances that may have 
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a bearing on the defendant’s ability to comply with the 
restitution order. 
‘‘(k) An order of restitution may be enforced— 
‘‘(1) by the United States— 
‘‘(A) in the manner provided for the collec-
tion and payment of fines in subchapter (B) of 
chapter 229 of this title; or 
‘‘(B) in the same manner as a judgment in 
a civil action; and 
‘‘(2) by a victim named in the order to receive 
the restitution, in the same manner as a judgment 
in a civil action. 
‘‘(l) A victim or the offender may petition the court 
at any time to modify a restitution order as appropriate 
in view of a change in the economic circumstances of the 
offender.’’. 
(b) PROCEDURE FOR ISSUING ORDER OF RESTITU-
TION.—Section 3664 of title 18, United States Code, is 
amended— 
(1) by striking subsection (a); 
(2) by redesignating subsections (b), (c), (d), 
and (e) as subsections (a), (b), (c), and (d); 
(3) by amending subsection (a), as redesignated 
by paragraph (2), to read as follows: 
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‘‘(a) The court may order the probation service of the 
court to obtain information pertaining to the amount of 
loss sustained by any victim as a result of the offense, 
the financial resources of the defendant, the financial 
needs and earning ability of the defendant and the defend-
ant’s dependents, and such other factors as the court 
deems appropriate. The probation service of the court 
shall include the information collected in the report of 
presentence investigation or in a separate report, as the 
court directs.’’; and 
(4) by adding at the end thereof the following 
new subsection: 
‘‘(e) The court may refer any issue arising in connec-
tion with a proposed order of restitution to a magistrate 
or special master for proposed findings of fact and rec-
ommendations as to disposition, subject to a de novo de-
termination of the issue by the court.’’. 
TITLE IV—LAW ENFORCEMENT 
BLOCK GRANTS 
SEC. 401. BLOCK GRANT PROGRAM. 
Title I of the Violent Crime Control and Law En-
forcement Act of 1994 is amended to read as follows: 
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‘‘TITLE I—LAW ENFORCEMENT 
BLOCK GRANTS 
‘‘SEC. 101. PAYMENTS TO LOCAL GOVERNMENTS. 
‘‘(a) PAYMENT AND USE.— 
‘‘(1) PAYMENT.—The Director of the Bureau of 
Justice Assistance, shall pay to each unit of local 
government which qualifies for a payment under this 
title an amount equal to the sum of any amounts al-
located to such unit under this title for each pay-
ment period. The Director shall pay such amount 
from amounts appropriated to carry out this title. 
‘‘(2) USE.—Amounts paid to a unit of local 
government under this section shall be used by the 
unit for reducing crime and improving public safety, 
including but not limited to, one or more of the fol-
lowing purposes: 
‘‘(A)(i) hiring, training, and employing on 
a continuing basis new, additional law enforce-
ment officers and necessary support personnel; 
‘‘(ii) paying overtime to presently employed 
law enforcement officers and necessary support 
personnel for the purpose of increasing the 
number of hours worked by such personnel; and 
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‘‘(iii) procuring equipment, technology, and 
other material directly related to basic law en-
forcement functions. 
‘‘(B) Enhancing school security measures 
by— 
‘‘(i) providing increased law enforce-
ment patrols in and around schools, wheth-
er through the hiring of additional law en-
forcement officers or paying overtime to 
presently employed officers; 
‘‘(ii) 
purchasing 
law 
enforcement 
equipment necessary to carry out normal 
law enforcement functions in and around 
schools; 
‘‘(iii) equipping schools with metal de-
tectors, fences, closed circuit cameras, and 
other physical safety measures; and 
‘‘(iv) gun hotlines designed to facili-
tate the reporting of weapons possession 
by students and other individuals in and 
around schools. 
‘‘(C) Establishing crime prevention pro-
grams that are organized, supervised by, or in-
volve substantial participation of law enforce-
ment officials and that are intended to discour-
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age, disrupt, or interfere with the commission 
of criminal activity, including neighborhood 
watches and citizen patrols. 
‘‘(b) TIMING OF PAYMENTS.—The Director shall pay 
each unit of local government that has submitted an appli-
cation under this title not later than— 
‘‘(1) 90 days after the date that the amount is 
available, or 
‘‘(2) the first day of the payment period if the 
unit of local government has provided the Director 
with the assurances required by section 103(d), 
whichever is later. 
‘‘(c) ADJUSTMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Director shall adjust a payment under this title 
to a unit of local government to the extent that a 
prior payment to the unit of local government was 
more or less than the amount required to be paid. 
‘‘(2) CONSIDERATIONS.—The Director may in-
crease or decrease under this subsection a payment 
to a unit of local government only if the Director de-
termines the need for the increase or decrease, or if 
the unit requests the increase or decrease, not later 
than one year after the end of the payment period 
for which a payment was made. 
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‘‘(d) RESERVATION FOR ADJUSTMENT.—The Direc-
tor may reserve a percentage of not more than two percent 
of the amount under this section for a payment period 
for all units of local government in a State if the Director 
considers the reserve is necessary to ensure the availability 
of sufficient amounts to pay adjustments after the final 
allocation of amounts among the units of local government 
in the State. 
‘‘(e) REPAYMENT OF UNEXPENDED AMOUNTS.— 
‘‘(1) REPAYMENT REQUIRED.—A unit of local 
government shall repay to the Director, by not later 
than 27 months after receipt of funds from the Di-
rector, any amount that is— 
‘‘(A) paid to the unit from amounts appro-
priated under the authority of this section; and 
‘‘(B) not expended by the unit within two 
years after receipt of such funds from the Di-
rector. 
‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the 
amount required to be repaid is not repaid, the Di-
rector shall reduce payment in future payment peri-
ods accordingly. 
‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts 
received by the Director as repayments under this 
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subsection shall be deposited in a designated fund 
for future payments to units of local government. 
‘‘(f) 
NONSUPPLANTING
REQUIREMENT.—Funds 
made available under this title to units of local government 
shall not be used to supplant State or local funds, but 
shall be used to increase the amount of funds that would, 
in the absence of funds under this title, be made available 
from State or local sources. 
‘‘SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this title— 
‘‘(1) $2,000,000,000 for fiscal year 1996; 
‘‘(2) $2,000,000,000 for fiscal year 1997; 
‘‘(3) $2,000,000,000 for fiscal year 1998; 
‘‘(4) $2,000,000,000 for fiscal year 1999; and 
‘‘(5) $2,000,000,000 for fiscal year 2000. 
‘‘(b) ADMINISTRATIVE COSTS.—Not more than 2.5 
percent of the amount authorized to be appropriated 
under subsection (a) for each of the fiscal years 1995 
through 2000 shall be available to the Director for admin-
istrative costs to carry out the purposes of this title. Such 
sums are to remain available until expended. 
‘‘(c) AVAILABILITY.—The amounts authorized to be 
appropriated under subsection (a) shall remain available 
until expended. 
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‘‘SEC. 103. QUALIFICATION FOR PAYMENT. 
‘‘(a) IN GENERAL.—The Director shall issue regula-
tions establishing procedures under which an unit of local 
government is required to provide notice to the Director 
regarding the proposed use of assistance under this title. 
‘‘(b) GENERAL REQUIREMENTS
FOR QUALIFICA-
TION.—An unit of local government qualifies for a pay-
ment under this title for a payment period only if the unit 
submits an application to the Director and establishes, to 
the satisfaction of the Director, that— 
‘‘(1) the unit of local government will establish 
a trust fund in which the government will deposit all 
payments received under this title; 
‘‘(2) the unit of local government will use 
amounts in the trust fund (including interest) dur-
ing a period not to exceed two years from the date 
the first grant payment is made to the government; 
‘‘(3) the unit of local government will expend 
the payments received in accordance with the laws 
and procedures that are applicable to the expendi-
ture of revenues of the unit of government; 
‘‘(4) the unit of local government will use ac-
counting, audit, and fiscal procedures that conform 
to guidelines which shall be prescribed by the Direc-
tor after consultation with the Comptroller General 
and as applicable, amounts received under this title 
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shall be audited in compliance with the Single Audit 
Act of 1984; 
‘‘(5) after reasonable notice from the Director 
or the Comptroller General to the unit of govern-
ment, the unit of local government will make avail-
able to the Director and the Comptroller General, 
with the right to inspect, records that the Director 
reasonably requires to review compliance with this 
title or that the Comptroller General reasonably re-
quires to review compliance and operation; 
‘‘(6) a designated official of the unit of local 
government shall make reports the Director reason-
ably requires, in addition to the annual reports re-
quired under this title; and 
‘‘(7) the unit of local government will spend the 
funds only for the purposes set forth in section 
101(a)(2). 
‘‘(c) REVIEW BY GOVERNORS.—A unit of local gov-
ernment shall give the chief executive officer of the State 
in which the government is located an opportunity for re-
view and comment before establishing compliance with 
subsection (d). 
‘‘(d) SANCTIONS FOR NONCOMPLIANCE.— 
‘‘(1) IN GENERAL.—If the Director determines 
that a unit of local government has not complied 
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substantially with the requirements or regulations 
prescribed under subsection (b), the Director shall 
notify the unit of local government that if the unit 
of local government does not take corrective action 
within 60 days of such notice, the Director will with-
hold additional payments to the unit of local govern-
ment for the current and future payment periods 
until the Director is satisfied that the unit of local 
government— 
‘‘(A) has taken the appropriate corrective 
action; and 
‘‘(B) will comply with the requirements 
and regulations prescribed under subsection (b). 
‘‘(2) NOTICE.—Before giving notice under para-
graph (1), the Director shall give the chief executive 
officer of the unit of local government reasonable no-
tice and an opportunity for comment. 
‘‘SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS. 
‘‘(a) STATE DISTRIBUTION.—Except as provided in 
section 103(d), of the total amounts appropriated for this 
title for each payment period, the Director shall allocate 
for units of local government— 
‘‘(1) 0.25 percent to each State; and 
‘‘(2) of the total amount of funds remaining 
after allocation under paragraph (1), an amount 
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pursuant to this section, the Director shall pay the 
amount that would have been allocated to such unit 
of local government to the unit of local government 
that annexed it. 
‘‘(c) UNAVAILABILITY OF INFORMATION.—For pur-
poses of this section, if data regarding part 1 violent 
crimes in any State for 1993 is unavailable or substan-
tially inaccurate, the Director shall utilize the best avail-
able comparable data regarding the number of violent 
crimes for 1993 for such State for the purposes of alloca-
tion of any funds under this title. 
‘‘SEC. 105. UTILIZATION OF PRIVATE SECTOR. 
‘‘Funds or a portion of funds allocated under this 
title may be utilized to contract with private, nonprofit en-
tities or community-based organizations to carry out the 
purposes specified under section 101(a)(2). 
‘‘SEC. 106. PUBLIC PARTICIPATION. 
‘‘(a) IN GENERAL.—A unit of local government ex-
pending payments under this title shall hold at least one 
public hearing on the proposed use of the payment from 
the Director in relation to its entire budget. 
‘‘(b) VIEWS.—At the hearing, persons shall be given 
an opportunity to provide written and oral views to the 
unit of local government authority responsible for enacting 
the budget and to ask questions about the entire budget 
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and the relation of the payment from the Director to the 
entire budget. 
‘‘(c) TIME AND PLACE.—The unit of local govern-
ment shall hold the hearing at a time and place that allows 
and encourages public attendance and participation. 
‘‘SEC. 107. ADMINISTRATIVE PROVISIONS. 
‘‘The administrative provisions of part H of the Om-
nibus Crime Control and Safe Streets Act of 1968, shall 
apply to this title. 
‘‘SEC. 108. DEFINITIONS. 
‘‘For the purposes of this title: 
‘‘(1) The term ‘unit of local government’ 
means— 
‘‘(A) a county, township, city, or political 
subdivision of a county, township, or city, that 
is a unit of local government as determined by 
the Secretary of Commerce for general statis-
tical purposes; and 
‘‘(B) the District of Columbia and the rec-
ognized governing body of an Indian tribe or 
Alaskan Native village that carries out substan-
tial governmental duties and powers. 
‘‘(2) The term ‘payment period’ means each 
one-year period beginning on October 1 of any year 
in which a grant under this title is awarded. 
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‘‘(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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