[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5008 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5008

                            To Combat Crime.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 21, 1994

  Mr. Brewster (for himself, Mr. Hunter, Mr. Pete Geren of Texas, Mr. 
Cox, Mr. Peterson of Minnesota, Mr. McInnis, Mr. Taylor of Mississippi, 
  Mr. Baker of California, Mr. Tauzin, Mr. Bartlett of Maryland, Mr. 
    Parker, Mr. Boehner, Mr. Browder, Mr. Bonilla, Mr. Chapman, Mr. 
Bunning, Mr. Deal, Mr. Burton of Indiana, Ms. Danner, Mr. Callahan, Mr. 
    Tanner, Mr. Manzullo, Mr. Stenholm, Mr. Collins of Georgia, Mr. 
Sarpalius, Mr. Armey, Mr. Hall of Texas, Mr. Crane, Mr. Valentine, Mr. 
Doolittle, Mr. Orton, Mr. Duncan, Mr. Hutto, Ms. Dunn, Mr. Montgomery, 
   Mr. Emerson, Mr. Rahall, Mr. Everett, Mr. Condit, Mr. Ewing, Mr. 
 Rowland, Mr. Gilman, Mr. Wilson, Mr. Hancock, Mr. Holden, Mr. Hefley, 
    Mr. Tejeda, Mr. Herger, Mr. Cramer, Mr. Hoekstra, Mr. Barcia of 
  Michigan, Mr. Allard, Mr. Dickey, Mr. Hyde, Mr. Klink, Mr. Kim, Mr. 
 Hayes, Mr. Kingston, Mr. Stupak, Mr. Kyl, Mr. Laughlin, Mr. Lewis of 
    Florida, Mrs. Thurman, Mr. Linder, Mr. Peterson of Florida, Mr. 
 Lightfoot, Mr. Murphy, Mr. Calvert, Mr. Skelton, Mr. McCollum, Mr. de 
la Garza, Mr. Bachus of Alabama, Mr. Darden, Mr. McKeon, Mr. Ortiz, Mr. 
Moorhead, Mr. Volkmer, Mr. Packard, Mr. Swett, Mr. Quillen, Mr. Cooper, 
 Mr. Rohrabacher, Mr. Mollohan, Mr. Schaefer, Mr. Wise, Mr. Shaw, Mr. 
 Smith of Michigan, Mr. Solomon, Mr. Stearns, Mr. Stump, Mr. Taylor of 
  North Carolina, Mr. Zeliff, Mr. Fields of Texas, Mrs. Bentley, Mr. 
   Lucas, Mr. Goss, Mr. Walker, Mr. Barton of Texas, Mr. Hobson, Mr. 
 Inhofe, Mr. Gingrich, Mr. Roberts, Mr. Sensenbrenner, Mr. Paxon, Mr. 
Knollenberg, Mr. Buyer, Mr. DeLay, Mr. Pombo, Mr. Hoke, Mr. Talent, Mr. 
  Istook, Mr. Gillmor, Mr. Coble, Mr. Livingston, Mr. Grams, Mr. Sam 
Johnson of Texas, Mr. McCrery, Mr. Santorum, Mr. Thomas of Wyoming, Mr. 
  Miller of Florida, Mrs. Vucanovich, Mr. Cunningham, Mr. Dornan, Mr. 
Sundquist, Mr. Crapo, Mr. Young of Alaska, Mr. Gekas, Mr. Shuster, Mr. 
  Lewis of Kentucky, Mr. Myers of Indiana, Mr. Young of Florida, Mr. 
Baker of Louisiana, Mr. Hastert, Mr. Dreier, Mr. Mica, Mr. Spence, Mr. 
Nussle, Mr. Goodlatte, Mr. Bliley, Mr. Portman, Mr. Schiff, Mr. Hansen, 
Mr. Lewis of California, Mr. Skeen, Mr. Smith of Oregon, Ms. Snowe, Mr. 
    Roth, Mr. Camp, Mr. Huffington, and Mr. Canady) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                            To Combat Crime.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Back-To-Basics 
Crime Control Act of 1994''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
              TITLE I--GRANTS FOR CORRECTIONAL FACILITIES

Sec. 101. Grants authorized.
Sec. 102. Truth in Sentencing Incentive grants.
Sec. 103. Limitation of funds.
Sec. 104. Definitions.
            TITLE II--STATE AND LOCAL LAW ENFORCEMENT GRANTS

Sec. 201. Grants authorized.
        TITLE III--PROTECTION AGAINST SEXUALLY VIOLENT PREDATORS

Sec. 301. Definitions.
Sec. 302. Establishment of program.
TITLE IV--ELIMINATION OF UNNECESSARY AND REDUNDANT APPEALS; ENFORCEMENT 
                            OF DEATH PENALTY

Sec. 401. Period of limitation for filing writ of habeas corpus 
                            following final judgement of a State Court.
Sec. 402. Authority of Appellate Judges to issue certificates of 
                            probable cause for appeal in habeas corpus 
                            and federal collateral relief proceedings.
Sec. 403. Conforming amendment to the rules of appellate procedure.
Sec. 404. Discretion to deny habeas corpus application despite failure 
                            to exhaust State remedies.
Sec. 405. Period of limitation for federal prisoners filing for 
                            collateral remedy.
Sec. 406. Special procedures for collateral proceedings in capital 
                            cases.
                 TITLE V--REFORM OF `EXCLUSIONARY RULE'

Sec. 501. Reform of exclusionary rule.
                     TITLE VI--TRUTH-IN-SENTENCING

Sec. 601. Release of prisoner.
Sec. 602. Computation generally.
          TITLE VII--PRISON WORK REQUIRED; LUXURIES ABOLISHED

Sec. 701. Luxuries abolished.
Sec. 702. Award of Pell Grants to prisoners prohibited.
                 TITLE VIII--IMPROVING BORDER CONTROLS

Sec. 801. Grants for border control.
Sec. 802. Expediting criminal alien deportation and exclusion.
Sec. 803. Authorizing registration of aliens on criminal probation or 
                            criminal parole.
Sec. 804. Expansion in definition of `aggravated felony'.
Sec. 805. Deportation procedures for certain criminal aliens who are 
                            not permanent residents.
Sec. 806. Judicial deportation.
Sec. 807. Restricting defenses to deportation for certain criminal 
                            aliens.
Sec. 808. Enhancing penalties for failing to depart, or reentering, 
                            after final order of deportation.
Sec. 809. Miscellaneous and technical changes.
Sec. 810. Authorization of appropriations for criminal alien 
                            information system.
                    TITLE IX--ENHANCED GUN PENALTIES

Sec. 901. Enhanced penalties for persons convicted of using or carrying 
                            a firearm during and in relation to a 
                            felony.
Sec. 902. Mandatory minimum sentence for unlawful possession of a 
                            firearm by convicted felon, fugitive from 
                            justice, addict or unlawful user of 
                            controlled substance, or transferor or 
                            receiver of stolen firearm.
              TITLE X--VIOLENT CRIME REDUCTION TRUST FUND

Sec. 1001. Creation of Violent Crime Reduction Trust Fund.
Sec. 1002. Extension of authorizations of appropriations for fiscal 
                            years for which the full amount authorized 
                            is not appropriated.
Sec. 1003. Flexibility in making of appropriations.
TITLE XI--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN 
                                FELONIES

Sec. 1101. Mandatory life imprisonment for persons convicted of certain 
                            felonies.
Sec. 1102. Limited grant of authority to Bureau of Prisons.

              TITLE I--GRANTS FOR CORRECTIONAL FACILITIES

SEC. 101. GRANTS AUTHORIZED.

    (a) Grant Authorization.--The Attorney General shall make grants to 
individual States to construct, expand, and improve prisons and jails.
    (b) Amounts Authorized.--Grants totalling $3,000,000,000 shall be 
made to each State not later than October 30, 1994, and grants to each 
State totalling $3,000,000,000 shall be made annually thereafter in 
each of the years from fiscal year 1996 through fiscal year 1998.
    (c) Grant Allocation.--All such grants shall be made without 
conditions imposed by the Federal Government, notwithstanding any other 
provision of Federal law, except to comply with the provisions of this 
title and that the use of such funds shall be exclusively for the 
construction of prisons and jails. States shall be encouraged to 
allocate appropriate portions of their grants to local governments 
within their jurisdictions for the construction of jails.
    (d) Authorization of Appropriation.--There are authorized to be 
appropriated to carry out this title $3,000,000,000 for each of fiscal 
years 1995, 1996, 1997 and 1998. All such moneys shall be appropriated 
from the Violent Crime Reduction Trust Fund.
    (e) Distribution of Funds in Fiscal Year 1995.--Of the total amount 
of funds appropriated under this title in fiscal year 1995, there shall 
be allocated to each State an amount which bears the same ratio to the 
amount of funds appropriated pursuant to this title as the number of 
part I violent crimes reported by the States to the Federal Bureau of 
Investigation for 1993 bears to the number of part I violent crimes 
reported by all States to the Federal Bureau of Investigation for 1993.
    (f) Distribution of Funds in Fiscal Year 1996 Through 1999.--
Seventy-five percent of the total amount of funds appropriated under 
this title in fiscal years 1996, 1997, and 1998, shall be allocated to 
each State according to the formula established in subsection (e) 
adjusted to reflect in each year the most recent data from the Federal 
Bureau of Investigation reporting part I violent crimes.

SEC. 102. TRUTH IN SENTENCING INCENTIVE FUND.

    (a) Twenty-five percent of total amount of funds appropriated under 
this title in each of fiscal years 1996, 1997, 1998 shall be allocated 
to each eligible State according to the same ratios established in 
section 101 multiplied by the percentage change in States' percentage 
of time to be served by the persons convinced of violent crimes divided 
by the average of all States' percentage change in percentage of time 
to be served by the persons convicted of violent crimes. States which 
have achieved a Truth in Sentencing standard of violent criminals 
serving 85 percent of prison time assessed shall receive the incentive 
funds based on the average of such percentage change ratios of all 
States multiplied by the States percentage of total part I violent 
crime reported.
    (b) Eligibility for Truth in Sentencing Incentive Fund.--In order 
to be eligible for grants under subsection (a), a State must 
demonstrate that it has, since 1993--
            (1) increased the percentage of convicted violent offenders 
        sentenced to prison;
            (2) increased the average prison time actually to be served 
        in prison by convicted violent offenders sentenced to prison; 
        and
            (3) increased the percentage of sentence to be actually 
        served in prison by violent offenders sentenced prison.
    (c) Law Changes.--As evidence of such good faith effort to meet the 
goals contained in subsection (b), a State may make changes to its laws 
and regulations which may include--
            (1) truth in sentencing laws which will require persons 
        convicted of violent crimes to serve not less than 85 percent 
        of the sentence imposed;
            (2) mandatory prison sentences for persons convicted of the 
        most serious violent crimes;
            (3) pretrial detention for persons whose release it can be 
        shown would pose a danger to any other person or the community;
            (4) sentencing authority to allow the defendant's victims 
        or the family of victims the opportunity to be heard regarding 
        the issue of sentencing and provide that the victim or the 
        victim's family will be notified whenever such defendant is to 
        be released; or
            (5) that a person who is convicted of a serious violent 
        crime shall be sentenced to life imprisonment if--
                    (A) the person has been convicted on 2 or more 
                prior occasions in a court of the United States or of a 
                State of a serious violent crime, or of 1 or more 
                serious violent crimes and 1 or more serious drug 
                offenses; and
                    (B) each serious violent crime or serious drug 
                offense used as a basis for sentencing under this 
                subsection, other than the first, was committed after 
                the defendant's conviction of the preceding serious 
                violent crime or serious drug offense.

SEC. 103. LIMITATIONS OF FUNDS.

    (a) Nonsupplanting Requirement.--Funds made available under the 
title shall not be used to supplant State funds, but shall be used to 
increase the amount of funds that would, in the absence of Federal 
funds, be made available from State sources.
    (b) Administrative Costs.--Not more than 3 percent of the funds 
available under the title may be used for administrative costs.
    (c) Matching Funds.--The portion of the costs of a program provided 
by a grant under this title may not exceed 90 percent of the total 
costs of the program as described in application.
    (d) Carry Over of Appropriations.--Any funds appropriated but not 
expended as provided by this section during any fiscal year shall be 
carried over and will be made available until expended.

SEC. 104. DEFINITIONS.

    For purposes of this title--
            (1) the term ``violent crime'' means--
                    (A) a felony offense that has as an element the 
                use, attempted use, or threatened use of physical force 
                against the person of another, or
                    (B) any other offense that is a felony and that, by 
                its nature, involves substantial risk that physical 
                force against the person of another may be used in the 
                course of committing the offense;
            (2) the term ``serious drug offender'' has the same meaning 
        as that is used in section 924(e)(2)(A) of title 18, United 
        States Code;
            (3) the term ``State'' means any of the United States and 
        the District of Columbia;
            (4) the term ``convicted'' means convicted and sentenced to 
        a term in a State corrections institution or a period of formal 
        probation; and
            (5) the term ``part I violent crimes'' means murder, rape, 
        robbery, and aggravated assault as those offenses are reported 
        to the Federal Bureau of Investigation for purposes of the 
        Uniform Crime Reports.

           TITLE II--STATE AND LOCAL LAW ENFORCEMENT GRANTS.

SEC. 201. GRANTS AUTHORIZED.

    (a) Grant Authorization.--The Attorney General shall make grants to 
individual States to increase the number of law enforcement officers in 
service.
    (b) Amounts Authorized.--Grants totalling $3,000,000,000 shall be 
made to each State not later than October 30, 1994, and grants to each 
State totalling $3,000,000,000 shall be made annually thereafter in 
each of the fiscal years from fiscal year 1996 through fiscal year 
1998.
    (c) Grant Allocation.--All such grants shall be made without 
conditions imposed by the Federal government, notwithstanding any other 
provision of Federal law, except that the use of such funds shall be 
exclusively to increase the number of law enforcement officers in 
service.
    (d) Grant Formula.--States shall be required to allocate 80 percent 
of their grants to local government for use by local law enforcement, 
as nearly as possible in proportion to the populations served by such 
local law enforcement agencies.

        TITLE III--PROTECTION AGAINST SEXUALLY VIOLENT PREDATORS

SEC. 301. DEFINITIONS.

    As used in this title:
            (1) Mental abnormality.--The term ``mental abnormality'' 
        means a congenital or acquired condition of a person that 
        affects the emotional or volitional capacity of the person in a 
        manner that predisposes the person to the commission of 
        criminal sexual acts to a degree that makes the person a menace 
        to the health and safety of other persons.
            (2) Predatory.--The term ``predatory'', with respect to an 
        act, means an act directed towards a stranger, or a person with 
        whom a relationship has been established or promoted, for the 
        primary purpose of victimization.
            (3) Sexually violent offense.--The term ``sexually violent 
        offense'' means an act that is a violation of title 18, United 
        States Code or State criminal code that--
                    (A) involves the use or attempted or threatened use 
                of physical force against the person or property of 
                another person; and
                    (B) is determined beyond a reasonable doubt to be 
                sexually motivated.
            (4) Sexually violent predator.--The term ``sexually violent 
        predator'' means a person who has been convicted of a sexually 
        violent offense and who suffers from a mental abnormality or 
        personality disorder that makes the person likely to engage in 
        predatory sexually violent offenses.

SEC. 302. ESTABLISHMENT OF PROGRAM.

    (a) In General.--
            (1) State guideline.--In accordance with this section, the 
        Attorney General shall establish guidelines for State programs 
        to require a sexually violent predator to register a current 
        address with a designated State law enforcement agency upon 
        release from prison, being placed on parole, or being placed on 
        supervised release. The Attorney General shall approve each 
        State program that complies with the guidelines.
            (2) State compliance.--
                    (A) Implementation date.--A State that does not 
                implement a program described in paragraph (1) by the 
                date that is 3 years after the date of enactment of 
                this Act, and maintain the implementation therafter, 
                shall be ineligible for funds in accordance with 
                subparagraph (B).
                    (B) Ineligibility for funds.--
                            (i) In general.--A State that does not 
                        implement the program as described in 
                        subparagraph (A) shall not receive 10 percent 
                        of the funds that would otherwise be allocated 
                        to the State under section 506 of the Omnibus 
                        Crime Control and Safe Streets Act of 1968 (42 
                        U.S.C. 3756).
                            (ii) Reallocation of funds.--Funds made 
                        available under clause (i) shall be 
                        reallocated, in accordance with such section, 
                        to such States as implement the program as 
                        described in subparagraph (A).
    (b) Registration Requirement Upon Release, Parole, or Supervised 
Release.--
            (1) In general.--An approved State program established in 
        accordance with this section shall contain the requirements 
        described in this section.
            (2) Determination.--The determination that a person is a 
        ``sexually violent predator'' and the determination that a 
        person is no longer a ``sexually violent predator'' shall be 
        made by the sentencing court after receiving a report by a 
        board of experts on sexual offenses. Each State shall establish 
        a board composed of experts in the field of the behavior and 
        treatment of sexual offenders.
            (3) Notification.--If a person who is required to register 
        under this section is anticipated to be released from prison, 
        paroled, or placed on supervised release, a State prison 
        officer shall, not later than 90 days before the anticipated 
        date of the release or commencement of the parole--
                    (A) inform the person of the duty to register;
                    (B) inform the person that if the person changes 
                residence address, the person shall give the new 
                address to a designated State law enforcement agency in 
                writing not later than 10 days after the change of 
                address;
                    (C) obtain the name of the person, identifying 
                factors, anticipated future residence, offense history, 
                and documentation of any treatment received for the 
                mental abnormality or personality disorder of the 
                person; and
                    (D) require the person to read and sign a form 
                stating that the duty of the person to register under 
                this section has been explained.
            (4) Transfer of information to state and the fbi.--Not 
        later than 3 days after the receipt of the information 
        described in paragraph (3)(C), the officer shall forward the 
        information to a designated State law enforcement agency. As 
        soon as practicable after the receipt of the information by the 
        State law enforcement agency, the agency shall--
                    (A) enter the information into the appropriate 
                State law enforcement record system and notify the 
                appropriate law enforcement agency that has 
                jurisdiction over the area in which the person expects 
                to reside; and
                    (B) transmit the information to the Identification 
                Division of the Federal Bureau of Investigation.
            (5) Quarterly verification.--
                    (A) Mailing to person.--Not less than every 90 days 
                after the date of the release or commencement of parole 
                of a person required to register under this section, 
                the designated State law enforcement agency shall mail 
                a nonforwardable verification form to the last reported 
                address of the person.
                    (B) Return of verification form.--
                            (i) In general.--The person shall return, 
                        by mail, the verification form to the agency 
                        not later than 10 days after the receipt of the 
                        form. The verification form shall be signed by 
                        the person, and shall state that the person 
                        continues to reside at the address last 
                        reported to the designated State law 
                        enforcement agency.
                            (ii) Failure to return.--If the person 
                        fails to mail the verification form to the 
                        designated State law enforcement agency by the 
                        date that is 10 days after the receipt of the 
                        form by the person, the person shall be in 
                        violation of this section unless the person 
                        proves that the person has not changed the 
                        residence address of the person.
            (6) Notification of local law enforcement agencies of 
        changes in address.--Any change of address by a person required 
        to register under this section that is reported to the 
        designated State law enforcement agency shall as soon as 
        practicable be reported to the appropriate law enforcement 
        agency that has jurisdiction over the area in which the person 
        is residing.
            (7) Penalty.--A person required to register under a State 
        program established pursuant to this section who knowingly 
        fails to register and keep the registration current shall be 
        subject to criminal penalties in the State. It is the sense of 
        Congress that the penalties should include imprisonment for not 
        less than 180 days.
            (8) Termination of obligation to register.--The obligation 
        of a person to register under this section shall terminate on a 
        determination made in accordance with the provision of 
        paragraph (2) of this section that the person no longer suffers 
        from a mental abnormality or personality disorder that would 
        make the person likely to engage in a predatory sexually 
        violent offense.
    (c) Community Notification.--The designated State law enforcement 
agency shall release relevant information that is necessary to protect 
the public concerning a specific sexually violent predator required to 
register under this section.
    (d) Immunity for Good Faith Conduct.--Law enforcement agencies, 
employees of law enforcement agencies, and State officials shall be 
immune from liability for any good faith conduct under this section.

         TITLE IV--ELIMINATING EXCESSIVE AND REDUNDANT APPEALS

SEC. 401. PERIOD OF LIMITATION FOR FILING WRIT OF HABEAS CORPUS 
              FOLLOWING FINAL JUDGMENT OF A STATE COURT.

    Section 2244 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(d) A one-year period of limitation shall apply to an application 
for a writ of habeas corpus by a person in custody pursuant to the 
judgment of a State court. The limitation period shall run from the 
latest of the following times:
            ``(1) The time at which State remedies are exhausted.
            ``(2) The time at which the impediment to filing an 
        application created by State action in violation of the 
        Constitution or laws of the United States is removed, where the 
        applicant was prevented from filing by such State action.
            ``(3) The time at which the Federal 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 discovered through the 
        exercise of reasonable diligence.''.

SEC. 402. 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:
``Sec. 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 proceeding 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 pending removal proceedings.
    ``(c) An appeal may not be taken to the court of appeals 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 proceeding under section 2255 of this title, 
unless a circuit justice or judge issues a certificate of probable 
cause.''.

SEC. 403. CONFORMING AMENDMENT TO THE RULES OF 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 Habeas Corpus.--An 
application for a writ of habeas corpus shall be made to the 
appropriate district court. If application 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 circuit 
judge is not favored; the proper remedy is by appeal to the court of 
appeals from the order of the district court denying the writ.
    ``(b) Necessity of Certificate or Probable Cause for Appeal.--In a 
habeas corpus proceeding in which the detention complained of arises 
out of process issued by a State court, and in a motion proceeding 
pursuant 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 express 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 certificate of probable cause is not required.''.

SEC. 404. DISCRETION TO DENY HABEAS CORPUS APPLICATION DESPITE FAILURE 
              TO EXHAUST STATE REMEDIES.

    Section 2254(b) of title 28, United State Code, is amended to read 
as follows:
    ``(b) An application for a writ of habeas corpus in behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted unless it appears that the applicant has exhausted the 
remedies available in the courts of the State, or that there is either 
an absence of available State corrective process or the existence of 
circumstances rendering such process ineffective to protect 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. 405. PERIOD OF LIMITATION FOR FEDERAL PRISONERS FILING FOR 
              COLLATERAL REMEDY.

    Section 2255 of title 28, United States Code, is amended by 
striking the second paragraph and the penultimate paragraph thereof, 
and by adding at the end the following new paragraphs:
    ``A two-year period of limitation shall apply to a motion under 
this section. The limitation period shall run from the latest of the 
following times:
            ``(1) The time at which the judgment of conviction becomes 
        final.
            ``(2) The time at which the impediment to making a motion 
        created by governmental action in violation of the Constitution 
        or laws of the United States is removed, where the movant was 
        prevented from making a motion by such governmental action.
            ``(3) The time at which the right asserted was initially 
        recognized by the Supreme Court, where the right has been newly 
        recognized by the Court and is retroactively applicable.
            ``(4) The time at which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of reasonable diligence.''.

SEC. 406. SPECIAL PROCEDURES FOR COLLATERAL PROCEEDINGS 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; successive petitions.
``2258. Filing of habeas corpus petition; time requirements; tolling 
                            rules.
``2259. Evidentiary hearings; scope of Federal review; district court 
                            adjudication.
``2260. Certificate of probable cause inapplicable.
``2261. Application to State unitary review procedures.
``2262. Limitation periods for determining petitions.
``2263. Rule of construction.
``Sec. 2256. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures 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 mechanism for the appointment, 
compensation and payment of reasonable litigation expenses of competent 
counsel in State postconviction proceedings brought by indigent 
prisoners 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 purposes. The rule of court or 
statute must provide standards of competency for the appointment of 
such counsel.
    ``(c) Any mechanism for the appointment, compensation and 
reimbursement of counsel as provided in subsection (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 prisoner 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 appointment is made unless the prisoner and counsel expressly 
request continued representation.
    ``(e) The ineffectiveness or incompetence of counsel during State 
or Federal collateral postconviction proceedings 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 different 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 ineffectiveness or 
incompetence of counsel in such proceedings.
``Sec. 2257. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(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 invoked the 
postconviction review procedures of this chapter and that the scheduled 
execution is subject to stay.
    ``(b) A stay of execution granted pursuant to subsection (a) shall 
expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        petition under section 2254 within the time required in section 
        2258, or fails to make a timely application for court of 
        appeals review following the denial 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 disposed 
        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 advised 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 authority 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 result 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 evidence that but for 
        constitutional error, no reasonable fact finder would have 
        found the petitioner guilty of the underlying offense or 
        eligible for the death penalty 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 habeas petition (or other action which 
        follows the final determination of a first habeas corpus 
        petition) unless 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 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 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 majority of the original 
        panel or majority of the active judges determines the petition 
        does not constitute an abuse of the writ.
``Sec. 2258. Filing of habeas corpus petition; time requirements; 
              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 appropriate 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 review 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 prisoner under 
        capital sentence has a properly filed request for 
        postconviction review pending before a State court of competent 
        jurisdiction; if all State filing 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 except 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 
        period established by this section.
Sec. 2259. Evidentiary hearings; scope of Federal review; district 
              court adjudication
    ``(a) Whenever a State prisoner under a capital sentence files a 
petition for habeas corpus relief to which this chapter applies, the 
district court shall--
            ``(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 result 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.
``Sec. 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 successive petition is filed.
Sec. 2261. Application to State unitary review procedure
    ``(a) For purposes of this section, a `unitary review' procedure 
means a State procedure that authorizes a person under sentence of 
death to raise, in the course of direct 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 review proceedings, including expenses relating 
to the litigation 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), concerning appointment of counsel or waiver or denial 
of appointment 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 representation.
    ``(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 understood as referring to the post-
trial order under subsection (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.
``Sec. 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 determine any appeal 
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 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 application 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 interests of justice warrant such a one-time 
extension. The specific 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 in any petition or 
motion (under paragraph (2)(A)), the court shall set forth in writing 
the exceptional circumstances causing the delay.
    ``(b) the time limitations under section (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 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 otherwise 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 compliance by the courts with the 
time limits established in this section.
``Sec. 2263. Rule of construction
    ``This chapter shall be construed to promote the expeditious 
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 following:
``Sec. 3510. Admissibility of evidence obtained by search or seizure 
              assured
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--Evidence which is obtained as a result of a search or seizure 
shall not be excluded 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 circumstances 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
            (2) substituting ``plus any discretionary additional 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 substituting 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 offense. Notwithstanding any other provision 
        of law, such maximum term shall be deemed to be increased by 15 
        percent in order to facilitate the implementation 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, beyond the time served, of up to fifty-four days at 
        the end of each year of this term of imprisonment, beginning 
        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 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 sentence. 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 prorated 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 section. 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 subjected to 
punishment, shall be entitled to a deduction'' and substituting ``who 
has displayed poor conduct, may be subjected to an increase in the term 
of his sentence up to the 15 percent additional discretionary term 
imposed by this title.''
    (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 additional 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 substituting ``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 institutions. Such regulations shall also prohibit the 
government provision in inmates' cells of television, radio, telephone 
stereo or other similar amenities.''.

SEC. 702. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.

    (a) In General.--Section 401(b)(8) of the Higher Education Act of 
1965 (20 U.S.C. 1070a(b)(8)) is amended 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 commander 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.

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 subparagraph:
                    ``(E) Convicted defined.--In this paragraph, 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 inserting 
                ``(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 deported 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 authority concerning the alien to release the alien into 
the custody of the Service for execution of an order of deportation.''.
            (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 addition to any other period of 
                exclusion which may apply an alien deported pursuant to 
                section 242(h)(2) is excludable during the minimum 
                period of confinement to which the alien was 
                sentenced.''.
    (c) Execution of Deportation Orders.--Section 242(i) of such Act (8 
U.S.C. 1252(i)) is amended by adding at the end the following: ``An 
order of deportation may not be executed until all direct appeals 
relating to the conviction which is the basis of the deportation order 
have been exhausted.''.

SEC. 803. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR 
              CRIMINAL PAROLE.

    Section 263(a) of the Immigration and Nationality Act (8 U.S.C. 
1303(a)) is amended by striking ``and (5)'' 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 controlled 
                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--
                            ``(i) subsection (h) or (i) of section 842, 
                        title 18, United States Code or subsection (d), 
                        (e), (f), (g), (h), or (i) of section 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 firearms 
                        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;
                    ``(H) any offense described in section 875, section 
                876, section 877, or section 1202 of title 18, United 
                States Code (relating to the demand 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 pornography);
                    ``(J) any offense described in section 1084 of 
                title 18, United States Code, where a sentence 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 imprisonment or more may be 
                imposed;
                    ``(L) any offense--
                            ``(i) relating to the owning, controlling, 
                        managing or supervising of a prostitution 
                        business;
                            ``(ii) described in section 2421 through 
                        2424 of title 18, United States Code, for 
                        commercial advantage; or
                            ``(iii) described in sections 1581 through 
                        1585, or section 1588, of title 18, United 
                        States Code (relating to peonage, slavery, and 
                        involuntary servitude);
                    ``(M) any offense relating to perjury or 
                subornation of perjury where a sentence of 5 years' 
                imprisonment or more may be imposed;
                    ``(N) any offense described in--
                            ``(i) section 793 (relating to gathering or 
                        transmitting national defense information), 
                        section 798 (relating to disclosure of 
                        classified information), section 2153 (relating 
                        to sabotage) or section 2381 or section 2382 
                        (relating to treason) of title 18, United 
                        States Code; or
                            ``(ii) section 421 of title 50, United 
                        States Code (relating to protecting the 
                        identity of undercover intelligence agents);
                    ``(O) any offense--
                            ``(i) involving fraud or deceit where the 
                        loss to the victim or victims exceeded 
                        $200,000; or
                            ``(ii) described in section 7201 of title 
                        26, United States Code (relating to tax 
                        evasion), where the tax loss to the Government 
                        exceeds $200,000;
                    ``(P) any offense described in section 274(a)(1) of 
                the Immigration and Nationality Act (relating to alien 
                smuggling) for the purpose of commercial advantage;
                    ``(Q) any violation of section 1546(a) of title 18, 
                United States Code (relating to document fraud), for 
                the purpose of commercial advantage; or
                    ``(R) any offense relating to failing to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony, where a sentence of 
                2 years or more may be imposed;
        or any attempt or conspiracy to commit any such act. Such term 
        applies to offenses described in this paragraph whether in 
        violation of Federal or State law and applies to such offenses 
        in violation of the laws of a foreign country for which the 
        term of imprisonment was completed within the previous 15 
        years.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to all convictions entered before, on, or after the date of 
enactment of this Act.

SEC. 805. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
              NOT PERMANENT RESIDENTS.

    (a) Elimination of Administrative Hearing for Certain Criminal 
Aliens.--Section 242A of the Immigration and Nationality Act (8 U.S.C. 
1252a) is amended by adding at the end the following:
    ``(c) Deportation of Aliens Who Are Not Permanent Residents.--(1) 
Notwithstanding section 242, and subject to paragraph (5), the Attorney 
General may issue a final order of deportation against any alien 
described in paragraph (2) whom the Attorney General determines to be 
deportable under section 241(a)(2)(A)(iii) (relating to conviction of 
an aggravated felony).
    ``(2) An alien is described in this paragraph if the alien--
            ``(A) was not lawfully admitted for permanent residence at 
        the time that proceedings under this section commenced, or
            ``(B) had permanent resident status on a conditional basis 
        (as described in section 216) at the time that proceedings 
        under this section commenced.
    ``(3) The Attorney General may delegate the authority in this 
section to the Commissioner or to any District Director of the Service.
    ``(4) No alien described in this section shall be eligible for--
            ``(A) any relief from deportation that the Attorney General 
        may grant in his discretion; or
            ``(B) relief under section 243(h).
    ``(5) The Attorney General may not execute any order described in 
paragraph (1) until 14 calendar days have passed from the date that 
such order was issued, in order that the alien has an opportunity to 
apply for judicial review under section 106.''.
    (b) Limited Judicial Review.--Section 106 of the Immigration and 
Nationality Act (8 U.S.C. 1105a) is amended--
            (1) in the first sentence of subsection (a), by inserting 
        ``or pursuant to section 242A'' after ``under section 242(b)'';
            (2) in subsection (a)(1) and subsection (a)(3), by 
        inserting ``(including an alien described in section 242A)'' 
        after ``aggravated felony''; and
            (3) by adding at the end the following new subsection:
    ``(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) Technical and Conforming Changes.--Section 242A of the 
Immigration and Nationality Act (8 U.S.C. 1252a) is amended as follows:
            (1) In subsection (a)--
                    (A) by striking ``(a) In General.--'' and inserting 
                ``(b) Deportation of Permanent Resident Aliens.--(1) In 
                General.''; and
                    (B) by inserting in the first sentence ``permanent 
                resident'' after ``correctional facilities for''.
            (2) In subsection (b)--
                    (A) by striking ``(b) Implementation--'' and 
                inserting ``(2) Implementation.--''; and
                    (B) by striking ``respect to an'' and inserting 
                ``respect to a permanent resident''.
            (3) By striking out subsection (c).
            (4) In subsection (d)--
                    (A) by striking ``(d) Expedited Proceedings.--(1)'' 
                and inserting ``(3) Expedited Proceedings.--(A)'';
                    (B) by inserting ``permanent resident'' after ``in 
                the case of any''; and
                    (C) by striking ``(2)'' and inserting ``(B)''.
            (5) In subsection (e)--
                    (A) by striking ``(e) Review .--(1)'' and inserting 
                ``(4) Review.--(A)'';
                    (B) by striking the second sentence; and
                    (C) by striking ``(2)'' and inserting ``(B)''.
            (6) By inserting after the section heading the following 
        new subsection:
    ``(a) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''.
            (7) The heading of such section is amended to read as 
        follows:

 ``EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING AGGRAVATED 
                              FELONIES''.

    (d) Effective Date.--The amendments made by this section shall 
apply to all aliens against whom deportation proceedings are initiated 
after the date of enactment of this Act.

SEC. 806. JUDICIAL DEPORTATION.

    (a) Judicial Deportation.--Section 242A of the Immigration and 
Nationality Act (8 U.S.C. 1252a) is amended by inserting at the end the 
following new subsection:
    ``(d) Judicial Deportation.--
            ``(1) Authority.--Notwithstanding any other provision of 
        this Act, a United States district court shall have 
        jurisdiction to enter a judicial order of deportation at the 
        time of sentencing against an alien whose criminal conviction 
        causes such alien to be deportable under section 
        241(a)(2)(A)(iii) (relating to conviction of an aggravated 
        felony), if such an order has been requested prior to 
        sentencing by the United States Attorney with the concurrence 
        of the Commissioner.
            ``(2) Procedure.--
                    ``(A) The United States Attorney shall provide 
                notice of intent to request judicial deportation 
                promptly after the entry in the record of an 
                adjudication of guilt or guilty plea. Such notice shall 
                be provided to the court, to the alien, and to the 
                alien's counsel of record.
                    ``(B) Notwithstanding section 242B, the United 
                States Attorney, with the concurrence of the 
                Commissioner, shall file at least 20 days prior to the 
                date set for sentencing a charge containing factual 
                allegations regarding the alienage of the defendant and 
                satisfaction by the defendant of the definition of 
                aggravated felony.
                    ``(C) If the court determines that the defendant 
                has presented substantial evidence to establish prima 
                facie eligibility for relief from deportation under 
                section 212(c), the Commissioner shall provide the 
                court with a recommendation and report regarding the 
                alien's eligibility for relief under such section. The 
                court shall either grant or deny the relief sought.
                    ``(D)(i) The alien shall have a reasonable 
                opportunity to examine the evidence against him or her, 
                to present evidence on his or her own behalf, and to 
                cross-examine witnesses presented by the Government.
                    ``(ii) The court, for the purposes of determining 
                whether to enter an order described in paragraph (1), 
                shall only consider evidence that would be admissible 
                in proceedings conducted pursuant to section 242(b).
                    ``(iii) Nothing in this subsection shall limit the 
                information a court of the United States may receive or 
                consider for the purposes of imposing an appropriate 
                sentence.
                    ``(iv) The court may order the alien deported if 
                the Attorney General demonstrates by clear and 
                convincing evidence that the alien is deportable under 
                this Act.
            ``(3) Notice, appeal, and execution of judicial order of 
        deportation.--
                    ``(A)(i) A judicial order of deportation or denial 
                of such order may be appealed by either party to the 
                court of appeals for the circuit in which the district 
                court is located.
                    ``(ii) Except as provided in clause (iii), such 
                appeal shall be considered consistent with the 
                requirements described in section 106.
                    ``(iii) Upon execution by the defendant of a valid 
                waiver of the right to appeal the conviction on which 
                the order of deportation is based, the expiration of 
                the period described in section 106(a)(1), or the final 
                dismissal of an appeal from such conviction, the order 
                of deportation shall become final and shall be executed 
                at the end of the prison term in accordance with the 
                terms of the order.
                    ``(B) As soon as is practicable after entry of a 
                judicial order of deportation, the Commissioner shall 
                provide the defendant with written notice of the order 
                of deportation, which shall designate the defendant's 
                country of choice for deportation and any alternate 
                country pursuant to section 243(a).
            ``(4) Denial of judicial order.--Denial of a request for a 
        judicial order of deportation shall not preclude the Attorney 
        General from initiating deportation proceedings pursuant to 
        section 242 upon the same ground of deportability or upon any 
        other ground of deportability provided under section 241(a).''.
    (b) Technical and Conforming Changes.--The ninth sentence of 
section 242(b) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)) is amended by striking out ``The'' and inserting in lieu 
thereof ``Except as provided in section 242A(d), the''.
    (c) Effective Date.--The amendments made by this section shall 
apply to all aliens whose adjudication of guilt or guilty plea is 
entered in the record after the date of enactment of this Act.

SEC. 807. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL 
              ALIENS.

    (a) Defenses Based on Seven Years of Permanent Residence.--The last 
sentence of section 212(c) of the Immigration and Nationality Act (8 
U.S.C. 1182(c)) is amended by striking out ``has served for such felony 
or felonies'' and all that follows through the period and inserting in 
lieu thereof ``has been sentenced for such felony or felonies to a term 
of imprisonment of at least 5 years: Provided, That the time for 
appealing such conviction or sentence has expired and the sentence has 
become final.''.
    (b) Defenses Based on Withholding of Deportation.--Section 
243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) 
is amended by--
            (1) striking out the final sentence and inserting in lieu 
        thereof the following new subparagraph:
                    ``(E) the alien has been convicted of an aggravated 
                felony.''; and
            (2) striking out the ``or'' at the end of subparagraph (C) 
        and inserting ``or'' at the end of subparagraph (D).

SEC. 808. ENHANCING PENALTIES FOR FAILING TO DEPART, OR REENTERING, 
              AFTER FINAL ORDER OF DEPORTATION.

    (a) Failure to Depart.--Section 242(e) of the Immigration and 
Nationality Act (8 U.S.C. 1252(e)) is amended--
            (1) by striking out ``paragraph (2), (3), or (4) of'' the 
        first time it appears, and
            (2) by striking out ``shall be imprisoned not more than ten 
        years'' and inserting in lieu thereof, ``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 misdemeanors or'', and (B) 
        striking out ``5'' and inserting 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 ``deportation'' 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 Deportation Order.--Section 
276 of the Immigration and Nationality 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) unless the alien demonstrates--
            ``(1) that the alien exhausted the administrative remedies 
        (if any) that may have been available to seek relief against 
        such order,
            ``(2) that the deportation proceedings at which such order 
        was issued improperly deprived the alien of the opportunity for 
        judicial review, and
            ``(3) that the entry of such order was fundamentally 
        unfair.''.

SEC. 809. MISCELLANEOUS AND TECHNICAL CHANGES.

    (a) Form of 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 proceedings by electronic or telephonic media (with or 
without the consent of the alien) or, where waived or agreed to by the 
parties, in the absence of the alien.''.
    (b) Construction of Expedited Deportation Requirements.--No 
amendment made by this Act and nothing in section 242(i) of the 
Immigration and Nationality Act (8 U.S.C. 1252(ii)), shall be construed 
to create any right or benefit, substantive or procedural, which is 
legally enforceable by any party against the United States, its 
agencies, its officers or any other person.

SEC. 810. AUTHORIZATION OF APPROPRIATIONS FOR CRIMINAL ALIEN 
              INFORMATION SYSTEM.

    There is authorized to be appropriated to carry out section 
242(a)(3)(A) of the Immigration and Nationality Act, $5,000,000 for 
fiscal year 1994 and $2,000,000 for each of the fiscal years 1995, 
1996, 1997, and 1998.

                    TITLE IX--ENHANCED GUN PENALTIES

SEC. 901. ENHANCED PENALTIES FOR PERSONS CONVICTED OF USING OR CARRYING 
              A FIREARM DURING AND IN RELATION TO A FELONY.

    (a) In General.--Section 924(c) of title 18, United States Code, is 
amended to read as follows:
    ``(c) Whoever, during and in relation to a crime that is a felony 
(including a felony which provides for an enhanced punishment if 
committed by the use of a deadly or dangerous weapon or device) for 
which he may be prosecuted in a court of the United States, uses or 
carries a firearm, shall, in addition to the punishment provided for 
such crime, be sentenced to imprisonment for 5 years, and if the 
firearm is a short-barreled rifle or short-barreled shotgun, to 
imprisonment for 10 years, and if the firearm is a machinegun or 
destructive device, or is equipped with a firearm silencer or firearm 
muffler, to imprisonment for 30 years. In the case of the 2nd or 
subsequent conviction of the person under this subsection, the person 
shall be sentenced to life imprisonment without release. 
Notwithstanding any other provision of law, a term of imprisonment 
imposed under this subsection shall not run concurrently with any other 
term of imprisonment including that imposed for the crime in which the 
firearm was used or carried.''.
    (b) Conforming Amendment.--Section 101(a)(43) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(43)) is amended by inserting 
``(as in effect immediately before the enactment of the Gun Crime 
Control Act)'' after ``18'' the 1st place such term appears.

SEC. 902. MANDATORY MINIMUM SERVICE FOR UNLAWFUL POSSESSION OF A 
              FIREARM BY CONVICTED FELON, FUGITIVE FROM JUSTICE, ADDICT 
              OR UNLAWFUL USER OF CONTROLLED SUBSTANCE, OR TRANSFEROR 
              OR RECEIVER OF STOLEN FIREARM.

    Section 924(a) of title 18, United States code, is amended by 
adding at the end the following:
    ``(6) Whoever knowingly possesses a firearm in violation of 
paragraph (1), (2), or (3) of section 922(g), or in violation of 
subsection (i) of (j), shall be imprisoned not less than 5 years. 
Notwithstanding any other provision of law, the court shall not place 
on probation or suspend the sentence of any person convicted under this 
paragraph, nor shall the term of imprisonment imposed under this 
paragraph run concurrently with any other term of imprisonment imposed 
under any other provision of law.''.

SEC. 903. INCREASE IN GENERAL PENALTY FOR VIOLATION OF FEDERAL FIREARMS 
              LAWS.

    Section 924(a)(1) of title 18 United States Code, is amended--
            (1) by striking ``not more than $5,000'' and inserting 
        ``under this title''; and
            (2) by striking ``five'' and inserting ``10''.

              TITLE X--VIOLENT CRIME REDUCTION TRUST FUND

SEC. 1001. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.

    (a) Violent Crime Reduction Trust Fund.--There is established a 
separate account in the Treasury, known as the ``Violent Crime 
Reduction Trust Fund'' (referred to in this section as the ``Fund'') 
into which shall be transferred, in accordance with subsection (b), 
savings realized from implementation of section 5 of the Federal 
Workforce Restructuring Act of 1994 (5 U.S.C. 3101 note; Public Law 
103-226).
    (b) Transfers Into The Fund.--On the first day of the following 
fiscal years (or as soon thereafter as possible for fiscal year 1995), 
such sums as may be necessary shall be transferred from the general 
fund to the Fund for fiscal year 1995, 1996, 1997, 1998.
    (c) Appropriations From The Fund.--(1) Amounts in the Fund may be 
appropriated exclusively for the purposes authorized in this Act and 
for those expenses authorized by any Act enacted before this Act that 
are expressly qualified for expenditure from the Fund.
    (2) Amounts appropriated under paragraph (1) and outlays flowing 
from such appropriations shall not be taken into account for purposes 
of any budget enforcement procedures under the Balanced Budget and 
Emergency Deficit Control Act of 1985 except section 251A of that Act 
as added by subsection (g), or for purposes of section 605(b) of the 
Congressional Budget Act of 1974. Amounts of new budget authority and 
outlays under paragraph (1) that are included in concurrent resolutions 
on the budget shall not be taken into account for purposes of sections 
601(b), 606(b), and 606(c) of the Congressional Budget Act of 1974, or 
for purposes of section 24 of House Concurrent Resolution 218 (One 
Hundred Third Congress).
    (d) Listing of The Fund Among Government Trust Funds.--Section 
1321(a) of title 31, United States Code, is amended by inserting at the 
end the following new paragraph:
            ``(91) Violent crime reduction trust fund.''.
    (e) Requirement for the President To Report Annually on the Status 
of the Trust Fund.--Section 1105(a) of title 31, United States Code, is 
amended by adding at the end the following new paragraphs:
            ``(30) information about the Violent Crime Reduction Trust 
        Fund, including a separate statement of amounts in that Trust 
        Fund.
            ``(31) an analysis displaying, by agency, proposed 
        reductions in full-time equivalent positions compared to the 
        current year's level in order to comply with section 5 of the 
        Federal Workforce Restructuring Act of 1994.''.
    (f) Allocation and Suballocation of Amounts in the Funds.--
            (1) In general.--Section 602(a) of the Congressional Budget 
        Act of 1974 is amended--
                    (A) in paragraph (1)(A) by striking `and' at the 
                end of clause (ii), by striking the semicolon and 
                inserting a comma at the end of clause (iii), and by 
                adding after the clause (iii) the following:
                            ``(iv) new budget authority from the 
                        Violent Crime Reduction Trust Fund, and
                            ``(v) outlays from the Violent Crime 
                        Reduction Trust Fund;';
                    (B) in paragraph (2) by striking `and' at the end 
                of subparagraph (B) and by adding after subparagraph 
                (C) the following:
                    ``(D) new budget authority from the Violent Crime 
                Reduction Trust Fund; and
                    ``(E) outlays from the Violent Crime Reduction 
                Trust Fund;''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) No double counting.--Amounts allocated among 
        committees under clause (iv) or (v) of paragraph (1)(A) or 
        under subparagraph (D) or (E) of paragraph (2) shall not be 
        included within any other allocation under that paragraph.''.
            (2) Fiscal year 1995.--The chairman of the Committee on the 
        Budget shall submit to the House of Representatives or the 
        Senate, as the case may be, appropriately revised allocations 
        under clauses (iv) and (v) of paragraph (1)(A) or subparagraphs 
        (D) and (E) of paragraph (2) of section 602(a) of the 
        Congressional Budget Act of 1974 for fiscal year 1995 to carry 
        out subsection (b)(1).

SEC. 1002. EXTENSION OF AUTHORIZATIONS OF APPROPRIATIONS FOR FISCAL 
              YEARS FOR WHICH THE FULL AMOUNT AUTHORIZED IS NOT 
              APPROPRIATED.

    If, in making an appropriation under any provision of this Act or 
amendment made by this Act that authorizes the making of an 
appropriation for a certain purpose for a certain fiscal year in a 
certain amount, the Congress makes an appropriation for that purpose 
for that fiscal year in a lesser amount, that provision or amendment 
shall be considered to authorize the making of appropriations for that 
purpose for later fiscal years in an amount equal to the difference 
between the amount authorized to be appropriated and the amount that 
has been appropriated.

SEC. 1003. FLEXIBILITY IN MAKING OF APPROPRIATIONS.

    (a) Federal Law Enforcement.--In the making of appropriations under 
any provision of this Act or amendment made by this Act that authorizes 
the making of an appropriation for a Federal law enforcement program 
for a certain fiscal year in a certain amount out of the Violent Crime 
Reduction Trust Fund, not to exceed 10 percent of that amount is 
authorized to be appropriated for that fiscal year for any other 
Federal law enforcement program for which appropriations are authorized 
by any other Federal law enforcement provision of this Act or amendment 
made by this Act. The aggregate reduction in the authorization for any 
particular Federal law enforcement program may not exceed 10 percent of 
the total amount authorized to be appropriated from the Violent Crime 
Reduction Trust Fund for that program in this Act or amendment made by 
this Act.
    (b) State and Local Law Enforcement.--In the making of 
appropriations under any provision of this Act or amendment made by 
this Act that authorizes the making of an appropriation for a State and 
local law enforcement program for a certain fiscal year in a certain 
amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 
percent of that amount is authorized to be appropriated for that fiscal 
year for any other State and local law enforcement program for which 
appropriations are authorized by any other State and local law 
enforcement provision of this Act or amendment made by this Act. The 
aggregate reduction in the authorization for any particular State and 
local law enforcement program may not exceed 10 percent of the total 
amount authorized to be appropriated from the Violent Crime Reduction 
Trust Fund for that program in this Act or amendment made by this Act.

TITLE XI--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN 
                                FELONIES

SEC. 1101. MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN 
              FELONIES.

    Section 3559 of title 18, United States Code, is amended--
            (1) in subsection (b), by striking ``An'' and inserting 
        ``Except as provided in subsection (c), an'' in lieu thereof; 
        and
            (2) by adding the following new subsection at the end:
    ``(c) Imprisonment of Certain Violent Felons.--
            ``(1) Mandatory life imprisonment.--Notwithstanding any 
        other provision of law, a person who is convicted in a court of 
        the United States of a serious violent felony shall be 
        sentenced to life imprisonment if--
                    ``(A) the person has been convicted (and those 
                convictions have become final) on separate prior 
                occasions in a court of the United States or of a State 
                of--
                            ``(i) 2 or more serious violent felonies; 
                        or
                            ``(ii) one or more serious violent felonies 
                        and one or more serious drug offenses; and
                    ``(B) each serious violent felony or serious drug 
                offense used as a basis for sentencing under this 
                subsection, other than the first, was committed after 
                the defendant's conviction of the preceding serious 
                violent felony or serious drug offense.
            ``(2) Definitions.--For purposes of this subsection--
                    ``(A) the term `assault with intent to commit rape' 
                means an offense that has as its elements engaging in 
                physical contact by which a person intentionally places 
                another person in fear of aggravated sexual abuse or 
                sexual abuse (as described in sections 2241 and 2242);
                    ``(B) the term `arson' means an offense that has as 
                its elements maliciously damaging or destroying any 
                building, inhabited structure, vehicle, vessel, or real 
                property by means of fire or an explosive;
                    ``(C) the term `extortion' means an offense that 
                has as its elements the extraction of anything of value 
                from another person by threatening or placing that 
                person in fear of injury to any person or kidnapping of 
                any person;
                    ``(D) the term `firearms use' means an offense 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 trafficking 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 offense that 
                has as its elements the abduction, restraining, 
                confining, or carrying away of another 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 committed, 
                        consisting of murder (as described in section 
                        1111); manslaughter other than involuntary 
                        manslaughter (as described in section 1112); 
                        assault with intent to commit murder (as 
                        described in section 113(a)); assault with 
                        intent to commit rape; aggravated sexual abuse 
                        and sexual abuse (as described in sections 2241 
                        and 2242); abusive sexual contact (as described 
                        in sections 2244 (a)(1) and (a)(2)); 
                        kidnapping; aircraft piracy (as described in 
                        section 46502 of title 49); robbery (as 
                        described in section 2111, 2113, or 2118); 
                        carjacking (as described in section 2119); 
                        extortion; arson; firearms use; or attempt, 
                        conspiracy, or solicitation to commit any of 
                        the above offenses; and
                            ``(ii) any other offense punishable by a 
                        maximum term of imprisonment of 10 years or 
                        more that has as an element the use, attempted 
                        use, or threatened use of physical force 
                        against the person of another or that, by its 
                        nature, involves a substantial risk that 
                        physical force against the person of another 
                        may be used in the course of committing the 
                        offense;
                    ``(G) the term `State' means a State of the United 
                States, the District of Columbia, and a commonwealth, 
                territory, or possession of the United States; and
                    ``(H) the term `serious drug offense' means--
                            ``(i) an offense that is punishable under 
                        section 401(b)(1)(A) or 408 of the Controlled 
                        Substances Act (21 U.S.C. 841(b)(1)(A), 848) or 
                        section 1010(b)(1)(A) of the Controlled 
                        Substances Import and Export Act (21 U.S.C. 
                        960(b)(1)(A)); or
                            ``(ii) an offense under State law that, had 
                        the offense been prosecuted in a court of the 
                        United States would have been punished under 
                        section 401(b)(1)(A) or 408 of the Controlled 
                        Substances Act (21 U.S.C. 841(b)(1)(A), 848) or 
                        section 1010(b)(1)(A) of the Controlled 
                        Substances Import and Export Act (21 U.S.C. 
                        960(b)(1)(A)).
            ``(3) Nonqualifying felonies.--
                    ``(A) Robbery in certain cases.--Robbery, an 
                attempt, conspiracy, or solicitation to commit robbery; 
                or an offense described in paragraph (2)(F)(ii) shall 
                not serve as a basis for sentencing under this 
                subsection if the defendant establishes by clear and 
                convincing evidence that--
                            ``(i) no firearm or other dangerous weapon 
                        was used in the offense and no threat of use of 
                        a firearm or other dangerous weapon was 
                        involved in the offense; and
                            ``(ii) the offensive did not result in 
                        death or serious bodily injury (as defined in 
                        section 1365) to any person.
                    ``(B) Arson in certain cases.--Arson shall not 
                serve as a basis for sentencing under this subsection 
                if the defendant establishes by clear and convincing 
                evidence that--
                            ``(i) the offense posed no threat to human 
                        life; and
                            ``(ii) the defendant reasonably believed 
                        the offense posed no threat to human life.
            ``(4) Information filed by united states attorney.--The 
        provisions of section 411(a) of the Controlled Substances Act 
        (21 U.S.C. 851(a)) shall apply to the imposition of sentence 
        under this subsection.
            ``(5) Rule of construction.--This subsection shall not be 
        construed to preclude imposition of the death penalty.
            ``(6) Special provision for indian country.--No person 
        subject to criminal jurisdiction of an Indian tribal government 
        shall be subject to this subsection for any offense for which 
        Federal jurisdiction is solely predicated on Indian country (as 
        defined in section 1151) and which occurs within the boundaries 
        of such Indian country unless the governing body of the tribe 
        has elected that this subsection have effect over land and 
        persons subject to the criminal jurisdiction of the tribe.
            ``(7) Resentencing upon overturning of prior conviction.--
        If the conviction for a serious violent felony or serious drug 
        offense that was a basis for sentencing under this subsection 
        is found, pursuant to any appropriate State or Federal 
        procedure, to be unconstitutional or is vitiated on the 
        explicit basis of innocence, or if the convicted person is 
        pardoned on the explicit basis of innocence, the person serving 
        a sentence imposed under this subsection shall be resentenced 
        to any sentence that was available at the time of the original 
        sentencing.''.

SEC. 1102. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS.

    Section 3582(c)(1)(A) of title 18, United States Code, is amended--
            (1) so that the margin of the matter starting with 
        ``extraordinary'' and ending with ``reduction'' the first place 
        it appears is indented an additional two ems;
            (2) by inserting a one-em dash after ``that'' the second 
        place it appears;
            (3) by inserting a semicolon after ``reduction'' the first 
        place it appears;
            (4) by indenting the first line of the matter referred to 
        in paragraph (1) and designating that matter as clause (i); and
            (5) by inserting after such matter the following:
                            ``(ii) the defendant is at least 70 years 
                        of age, has served at least 30 years in prison, 
                        pursuant to a sentence imposed under section 
                        3559(c), for the offense or offenses for which 
                        the defendant is currently imprisoned, and a 
                        determination has been made by the Director of 
                        Prisons that the defendant is not a danger to 
                        the safety of any other person or the 
                        community; as provided under section 
                        3142(g);''.
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