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SEC. 406. SPECIAL PROCEDURES FOR COLLATERAL PRO-
CEEDINGS IN CAPITAL CASES.
Title 28, United States Code, is amended by inserting
the following new chapter immediately following chapter
153:
‘‘CHAPTER 154—HABEAS CORPUS PROCEDURES IN CAPITAL
CASES
‘‘Sec.
‘‘2256. Prisoners in State custody subject to capital sentence; appointment of
counsel; requirement of rule of court or statute; procedures for
appointment.
‘‘2257. Mandatory stay of execution; duration; limits on stays of execution; suc-
cessive petitions.
‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules.
‘‘2259. Evidentiary hearings; scope of Federal review; district court adjudica-
tion.
‘‘2260. Certificate of probable cause inapplicable.
‘‘2261. Application to State unitary review procedures.
‘‘2262. Limitation periods for determining petitions.
‘‘2263. Rule of construction.
‘‘§ 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-
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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;
(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 appointment 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.
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‘‘(e) The ineffectiveness or incompetence of counsel
during State or Federal collateral postconviction proceed-
ings in a capital case shall not be a ground for relief in
a proceeding arising under section 2254 of this chapter.
This limitation shall not preclude the appointment of dif-
ferent counsel, on the court’s own motion or at the request
of the prisoner, at any phase of State or Federal
postconviction proceedings on the basis of the ineffective-
ness or incompetence of counsel in such proceedings.
‘‘§ 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
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-
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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-
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;
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‘‘(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.
‘‘(d) Notwithstanding any other provision of
law, no Federal district court or appellate judge
shall have the authority to enter a stay of execution,
issue injunctive relief, or grant any equitable or
other relief in a capital case on any successive ha-
beas petition (or other action which follows the final
determination of a first habeas corpus petition) un-
less the court first determines the petition or other
action does not constitute an abuse of the writ. This
determination shall be made only by the district
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judge or appellate panel who adjudicated the merits
of the original habeas petition (or to the district
judge or appellate panel to which the case may have
been subsequently assigned as a result of the un-
availability 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 majority
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
2256(c). The time requirements establish 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;
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‘‘(2) during any period in which a State pris-
oner under capital sentence has a properly filed re-
quest for postconviction review pending before a
State court of competent jurisdiction; if all State fil-
ing rules are met in a timely manner, this period
shall run continuously from the date that the State
prisoner initially files for postconviction review until
final disposition of the case by the highest court of
the State, but the time requirements established by
this section are not tolled during the pendency of a
petition for certiorari before the Supreme Court ex-
cept as provided in paragraph (1); and
‘‘(3) during an additional period not to exceed
sixty days, if (A) a motion for an extension of time
is filed in the Federal district court that would have
proper jurisdiction over the case upon the filing of
a habeas corpus petition under section 2254; and
(B) a showing of good cause is made for the failure
to file the habeas corpus petition within the time pe-
riod established by this section.
§ 2259. Evidentiary hearings; scope of Federal review;
district court adjudication
‘‘(a) Whenever a State prisoner under a capital sen-
tence files a petition for habeas corpus relief to which this
chapter applies, the district court shall—
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‘‘(1) determine the sufficiency of the record for
habeas corpus review based on the claims actually
presented and litigated in the State courts except
when the prisoner can show that the failure to raise
or develop a claim in the State courts is (A) the 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 postconviction review;
and
‘‘(2) conduct any requested evidentiary hearing
necessary to complete the record for habeas corpus
review.
‘‘(b) Upon the development of a complete evidentiary
record, the district court shall rule on the claims that are
properly before it.
‘‘§ 2260. 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.
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§ 2261. Application to State unitary review procedure
‘‘(a) For purposes of this section, a ‘unitary review’
procedure means a State procedure that authorizes a per-
son under sentence of death to raise, in the course of di-
rect review of the judgment, such claims as could be raised
on collateral attack. The provisions of this chapter shall
apply, as provided in this section, in relation to a State
unitary review procedure if the State established by rule
of its court of last resort or by statute a mechanism for
the appointment, compensation and payment of reasonable
litigation expenses of competent counsel in the unitary re-
view proceedings, including expenses relating to the litiga-
tion of collateral claims in the proceedings. The rule of
court of 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), concern-
ing appointment of counsel or waiver or denial of appoint-
ment of counsel for that purpose. No counsel appointed
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 continued represen-
tation.
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‘‘(c) Sections 2257, 2258, 2259, 2260, and 2262
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 review’ and ‘direct review’ in those sections
shall be understood as referring to unitary review under
the State procedure. The references in sections 2257(a)
and 2258 to ‘an order under section 2256(c)’ shall be un-
derstood as referring to the post-trial order under sub-
section (b) concerning 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 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.
‘‘§ 2262. 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 hear and deter-
mine any appeal relating to such a petition or motion with-
in 90 days after the filing of any reply brief or within
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90 days after such reply brief would be due. For purposes
of this provision, 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.
‘‘(3) The time limitations contained in paragraphs
(1) and (2) may be extended only once for 20 days, upon
an express good cause finding by the court that the inter-
ests of justice warrant such a one-time extension. The spe-
cific grounds for the good cause finding shall be set forth
in writing in any extension order of the court.
‘‘(4) Since the matters under paragraphs (1) and
(2)(A) are to be handled on a priority basis, the time from
filing of the petition or motion to final argument (under
paragraph (1)) or of the notice of appeal to the hearing
of the appeal (under paragraph (2)(A)) shall not exceed
4 months, unless exceptional circumstances require a
longer period. Where such time period exceeds 4 months
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in any petition or motion (under paragraph (2)(A)), the
court shall set forth in writing the exceptional cir-
cumstances causing the delay.
‘‘(b) the time limitations under section (a) shall apply
to an initial petition or motion, and to any second or suc-
cessive 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
case the limitation period shall run from the date of the
remand.
‘‘(c) The time limitations under this section shall not
be construed to entitle a petitioner or movant to a stay
of execution, to which the petitioner or movant would oth-
erwise not be entitled, for the purpose of litigating any
petition, motion, or appeal.
‘‘(d) The failure of a court to meet or comply with
the time limitations under this section shall not be a
ground for granting relief from a judgment of conviction
or sentence. The State or Government may enforce the
time limitations under this section by applying to the court
of appeals or the Supreme Court for a writ of mandamus.
‘‘(e) the Administrative Office of United States
Courts shall report annually to Congress on the compli-
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ance by the courts with the time limits established in this
section.
‘‘§ 2263. Rule of construction
‘‘This chapter shall be construed to promote the expe-
ditious conduct and conclusion of State and Federal court
review in capital cases.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part VI of title 28, United States Code,
is amended by inserting after the item relating to chapter
153 the following new item:
‘‘154. Special habeas corpus procedures in capital cases 2256.’’.
TITLE V—REFORM OF EXCLUSIONARY
RULE
SEC. 501. REFORM OF EXCLUSIONARY RULE.
(a) IN GENERAL.—Chapter 223 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 3510. Admissibility of evidence obtained by search
or seizure assured
‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA-
SONABLE SEARCH OR SEIZURE.—Evidence which is ob-
tained as a result of a search or seizure shall not be ex-
cluded in a proceeding in a court of the United States
on the grounds that the search or seizure was in violation
of the fourth amendment to the Constitution of the United
States, if the search or seizure was carried out in cir-
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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
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 VI—TRUTH IN SENTENCING
SEC. 601. RELEASE OF PRISONER.
(a) Section 3624(a) of title 18, United States Code,
is amended—
(1) by deleting, ‘‘less any time credited forward
the service of his sentence as provided in subsection
(b).’’; and
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(2) substituting ‘‘plus any discretionary addi-
tional time up to 15 percent of that term that may
have been imposed for unsatisfactory behavior.’’.
(b) Section 3624(b) of title 18, United States Code,
is amended by—
(1) deleting the caption ‘‘Credit toward service
of sentence for satisfactory behavior’’ and substitut-
ing therefor ‘‘Additional term of imprisonment for
unsatisfactory behavior.’’; and
(2) deleting the entire section and substituting
the following: ‘‘No person may be kept in prison by
reason of this section for a term longer than the
maximum term set by Act of Congress for the of-
fense. Notwithstanding any other provision of law,
such maximum term shall be deemed to be increased
by 15 percent in order to facilitate the implementa-
tion of this section. A prisoner who is serving a term
of imprisonment of more than one year, other than
a term of imprisonment for the duration of his life,
shall have additional time added to his sentence, be-
yond the time served, of up to fifty-four days at the
end of each year of this term of imprisonment, be-
ginning after the first year of the term if the Bureau
of Prisons determines that during that year, he has
not satisfactorily complied with such institutional
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disciplinary regulations as have been approved by
the Attorney General and issued to the prisoner.
The Bureau’s determination shall be made within
fifteen days after the end of each year of the sen-
tence. Such additional time of sentence vests at the
time that is received. Additional time that has vested
may not later be withdrawn. The last year or portion
of a year of the term of imprisonment shall be pro-
rated within the last six weeks of the sentence. Any
additional time that, by reason of this section, is
spent in prison beyond the term otherwise nominally
imposed for the offense shall be deemed a part of
that term for purposes of subsection (c) of this sec-
tion. Under no circumstances, notwithstanding any
other provision of law, shall a sentence be reduced
for satisfactory behavior to a term less than the
original sentence nominally imposed.’’.
SEC. 602. COMPUTATION GENERALLY.
(a) Section 4161 of title 18 is amended by deleting
‘‘has faithfully observed all the rules and has not been sub-
jected to punishment, shall be entitled to a deduction’’ and
substituting ‘‘who has displayed poor conduct, may be sub-
jected to an increase in the term of his sentence up to
the 15 percent additional discretionary term imposed by
this title.’’
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(b) Section 4162 of title 18 is amended by deleting
‘‘be allowed deduction from his sentence’’ and substituting
‘‘be confined for additional time up to the 15 percent addi-
tional discretionary term of his sentence imposed by this
Title,’’ and by deleting ‘‘allowance may be made to’’ and
substituting ‘‘additional term may also be imposed on’’;
and by deleting ‘‘meritorious service or performing duties
of outstanding importance’’ and substituting ‘‘poorly’’.
(c) Section 4163 of title 18 is amended by deleting
‘‘less the time deducted for good conduct’’ and substitut-
ing ‘‘plus the time, if any, added toward the 15 percent
discretionary term imposed by this title.’’.
TITLE VII—PRISON WORK REQUIRED;
LUXURIES ABOLISHED.
SEC. 701. LUXURIES ABOLISHED.
Section 4001(b)(2) of title 18 is amended by adding
at the end: ‘‘The Attorney General shall, not later than
120 days from the enactment of this section, implement
and enforce regulations mandating prison work for all
able-bodied inmates in Federal penal and correctional in-
stitutions. Such regulations shall also prohibit the govern-
ment provision in inmates’ cells of television, radio, tele-
phone stereo or other similar amenities.’’.
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SEC. 702. AWARDS OF PELL GRANTS TO PRISONERS PRO-
HIBITED.
(a) IN GENERAL.—Section 401(b)(8) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(b)(8)) is amend-
ed to read as follows:
‘‘(8) No basic grant shall be awarded under this
subpart to any individual who is incarcerated in any
Federal or State penal institution.’’.
(b) APPLICATION OF AMENDMENT.—The amendment
made by this section shall apply with respect to periods
of enrollment beginning on or after the date of enactment
of this Act.
TITLE VIII—IMPROVING BORDER
CONTROLS
SEC. 801. GRANTS FOR BORDER CONTROL.
The Attorney General is authorized and directed to
use the funds authorized in this section to permit the com-
mander of the Border Patrol to increase by at least 6,000
the number of border patrol agent positions in the Border
Patrol above the number of such positions as of July 1,
1994.
There are authorized to be appropriated to carry out
this section $250,000,000 in each of fiscal years 1995,
1996, 1997, and 1998.
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SEC. 802. EXPEDITING CRIMINAL ALIEN DEPORTATION AND
EXCLUSION.
(a) CONVICTED DEFINED.—Section 241(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1251(a)(2))
is amended by adding at the end the following new sub-
paragraph:
‘‘(E) CONVICTED DEFINED.—In this para-
graph, the term ‘convicted’ means a judge or
jury has found the alien guilty or the alien has
entered a plea of guilty or nolo contendere,
whether or not the alien appeals therefrom.’’.
(b) DEPORTATION OF CONVICTED ALIENS.—
(1) IMMEDIATE DEPORTATION.—Section 242(h)
of such Act (8 U.S.C. 1252(h)) is amended—
(A) by striking ‘‘(h) An alien’’ and insert-
ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;
and
(B) by adding at the end the following new
paragraph:
‘‘(2) An alien sentenced to imprisonment may be de-
ported prior to the termination of such imprisonment by
the release of the alien from confinement, if the Service
petitions the appropriate court or other entity with author-
ity concerning the alien to release the alien into the cus-
tody of the Service for execution of an order of deporta-
tion.’’.
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(2) PROHIBITION
OF
REENTRY
INTO
THE
UNITED STATES.—Section 212(a)(2) of such Act (8
U.S.C. 1182(a)(2)) is amended—
(A) by redesignating subparagraph (F) as
subparagraph (G); and
(B) by inserting after subparagraph (E)
the following new subparagraph:
‘‘(F) ALIENS DEPORTED BEFORE SERVING
MINIMUM PERIOD OF CONFINEMENT.—In addi-
tion to any other period of exclusion which may
apply an alien deported pursuant to section
242(h)(2) is excludable during the minimum pe-
riod of confinement to which the alien was sen-
tenced.’’.
(c) EXECUTION OF DEPORTATION ORDERS.—Section
242(i) of such Act (8 U.S.C. 1252(i)) is amended by add-
ing at the end the following: ‘‘An order of deportation may
not be executed until all direct appeals relating to the con-
viction which is the basis of the deportation order have
been exhausted.’’.
SEC. 803. AUTHORIZING REGISTRATION OF ALIENS ON
CRIMINAL PROBATION OR CRIMINAL PA-
ROLE.
Section 263(a) of the Immigration and Nationality
Act (8 U.S.C. 1303(a)) is amended by striking ‘‘and (5)’’
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and inserting ‘‘(5) aliens who are or have been on criminal
probation or criminal parole within the United States, and
(6)’’.
SEC. 804. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED
FELONY’’.
(a) EXPANSION IN DEFINITION.—Section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)) is amended to read as follows:
‘‘(43) The term ‘aggravated felony’ means—
‘‘(A) murder;
‘‘(B) any illicit trafficking in any con-
trolled substance (as defined in section 102 of
the Controlled Substances Act), including any
drug trafficking crime as defined in section
924(c)(2) of title 18, United States Code;
‘‘(C) any illicit trafficking in any firearms
or destructive devices as defined in section 921
of title 18, United States Code, or in explosive
materials as defined in section 841(c) of title
18, United States Code;
‘‘(D) any offense described in sections
1951 through 1963 of title 18, United States
Code;
‘‘(E) any offense described in—
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‘‘(i) subsection (h) or (i) of section
842, title 18, United States Code or sub-
section (d), (e), (f), (g), (h), or (i) of sec-
tion 844 of title 18, United States Code
(relating to explosive materials offenses);
‘‘(ii) paragraph (1), (2), (3), (4), or
(5) of section 922(g), subsection (j), (n),
(o), (p), or (r) of section 922, section
924(b), or section 924(h) of title 18,
United States Code (relating to firearms
offenses); or
‘‘(iii) section 5861 of the Internal
Revenue Code of 1986 (relating to fire-
arms offenses);
‘‘(F) any crime of violence (as defined in
section 16 of title 18, United States Code, not
including a purely political offense) for which
the term of imprisonment imposed (regardless
of any suspension of such imprisonment) is at
least 5 years;
‘‘(G) any theft offense (including receipt of
stolen property) or any burglary offense, where
a sentence of 5 years’ imprisonment or more
may be imposed;
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‘‘(H) any offense described in section 875,
section 876, section 877, or section 1202 of
title 18, United States Code (relating to the de-
mand for or receipt of ransom);
‘‘(I) any offense described in section 2251,
section 2251A or section 2252 of title 18,
United States Code (relating to child pornog-
raphy);
‘‘(J) any offense described in section 1084
of title 18, United States Code, where a sen-
tence of 5 years’ imprisonment or more may be
imposed;
‘‘(K) any offense relating to commercial
bribery, counterfeiting, forgery or trafficking in
vehicles whose identification numbers have been
altered, where a sentence of 5 years imprison-
ment or more may be imposed;
‘‘(L) any offense—
‘‘(i) relating to the owning, control-
ling, managing or supervising of a pros-
titution business;
‘‘(ii) 
described 
in 
section 
2421
through 2424 of title 18, United States
Code, for commercial advantage; or
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‘‘shall be imprisoned not more than two years, or
shall be imprisoned not more than ten years if the
alien is a member of any of the classes described in
paragraph (2), (3), or (4) of section 241(a).’’.
(b) REENTRY.—Section 276(b) of the Immigration
and Nationality Act (8 U.S.C. 1326(b)) is amended—
(1) in paragraph (1), by (A) inserting after
‘‘commission of’’ the following: ‘‘three or more mis-
demeanors or’’, and (B) striking out ‘‘5’’ and insert-
ing in lieu thereof ‘‘10’’,
(2) in paragraph (2), by striking out ‘‘15’’ and
inserting in lieu thereof ‘‘20’’, and
(3) by adding at the end the following sentence:
‘‘For the purposes of this subsection, the term ‘‘de-
portation’’ shall include any agreement where an
alien stipulates to deportation during a criminal trial
under either Federal or State law.’’.
(c) COLLATERAL ATTACKS ON UNDERLYING DEPOR-
TATION ORDER.—Section 276 of the Immigration and Na-
tionality Act (8 U.S.C. 1326) is amended by inserting
after subsection (b) the following new subsection:
‘‘(c) In any criminal proceeding under this section,
no alien may challenge the validity of the deportation
order described in subsection (a)(1) of subsection (b) un-
less the alien demonstrates—
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ing or placing that person in fear of injury to
any person or kidnapping of any person;
‘‘(D) the term ‘firearms use’ means an of-
fense that has as its elements those described
in section 924(c) or 929(a), if the firearm was
brandished, discharged, or otherwise used as a
weapon and the crime of violence or drug traf-
ficking crime during and relation to which the
firearm was used was subject to prosecution in
a court of the United States or a court of a
State, or both;
‘‘(E) the term ‘kidnapping’ means an of-
fense that has as its elements the abduction, re-
straining, confining, or carrying away of an-
other person by force or threat of force;
‘‘(F) the term ‘serious violent felony’
means—
‘‘(i) a Federal or State offense, by
whatever designation and wherever com-
mitted, consisting of murder (as described
in section 1111); manslaughter other than
involuntary manslaughter (as described in
section 1112); assault with intent to com-
mit murder (as described in section
113(a)); assault with intent to commit