[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3 Introduced in House (IH)]

  1st Session
                                 H. R. 3

                           To control crime.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

 Mr. McCollum, Mr. Canady, Mr. Barr, and Mr. Brewster (for themselves, 
    Mr. Allard, Mr. Armey, Mr. Bachus, Mr. Baker of California, Mr. 
     Ballenger, Mr. Bartlett of Maryland, Mr. Barton of Texas, Mr. 
 Bilirakis, Mr. Bliley, Mr. Blute, Mr. Bono, Mr. Bunning of Kentucky, 
  Mr. Burr, Mr. Callahan, Mr. Calvert, Mr. Camp, Mr. Christensen, Mr. 
   Chrysler, Mr. Clinger, Mr. Coburn, Mr. Cooley, Mr. Cremeans, Mrs. 
 Cubin, Mr. Davis, Mr. Doolittle, Mr. Dornan, Ms. Dunn, Mr. English of 
 Pennsylvania, Mr. Emerson, Mr. Ewing, Mr. Everett, Mr. Flanagan, Mr. 
  Foley, Mr. Forbes, Mrs. Fowler, Mr. Fox, Mr. Frisa, Mr. Ganske, Mr. 
    Gilchrest, Mr. Gilman, Mr. Goodlatte, Mr. Gordon, Mr. Goss, Mr. 
 Greenwood, Mr. Hancock, Mr. Hastert, Mr. Hastings of Washington, Mr. 
Hayworth, Mr. Heineman, Mr. Herger, Mr. Hilleary, Mr. Hobson, Mr. Hoke, 
   Mr. Hostettler, Mr. Hutchinson, Mr. Inglis of South Carolina, Mr. 
Istook, Mr. Jones, Mr. Kim, Mr. Kingston, Mr. Knollenberg, Mr. LaHood, 
  Mr. Largent, Mr. Latham, Mr. LaTourette, Mr. Lewis of Kentucky, Mr. 
 Lightfoot, Mr. Linder, Mr. McHugh, Mr. McIntosh, Mr. Mica, Mr. Miller 
   of Florida, Ms. Molinari, Mrs. Myrick, Mr. Nussle, Mr. Oxley, Mr. 
     Packard, Mr. Pombo, Mr. Quinn, Mr. Radanovich, Mr. Riggs, Mr. 
 Rohrabacher, Mr. Roth, Mr. Royce, Mr. Saxton, Mr. Sensenbrenner, Mr. 
   Shadegg, Mr. Shaw, Mr. Smith of Michigan, Mr. Smith of Texas, Mr. 
Solomon, Mr. Stearns, Mr. Stockman, Mr. Stump, Mr. Tate, Mr. Taylor of 
 North Carolina, Mr. Thornberry, Mr. Tiahrt, Mrs. Waldholtz, Mr. Wamp, 
  Mr. Weldon of Pennsylvania, Mr. Weller, Mr. Wicker, Mr. Zimmer, Mr. 
   Crapo, Mr. Kolbe, Mr. Paxon, Mr. Young of Florida, Mr. Weldon of 
 Florida, Mr. Combest, Mr. Coble, Mr. Ehrlich, Mrs. Meyers of Kansas, 
 and Mr. Hunter) introduced the following bill; which was referred to 
                     the Committee on the Judiciary

                            February 7, 1995

Additional sponsors: Mr. Norwood, Mr. Burton of Indiana, Mr. Moorhead, 
Mr. Cunningham, Mrs. Vucanovich, Mr. Walker, Mr. Sam Johnson of Texas, 
    Mr. Condit, Mr. Collins of Georgia, Mr. Roberts, Mr. Bryant of 
          Tennessee, Mr. Talent, and Mr. Peterson of Minnesota

_______________________________________________________________________

                                 A BILL


 
                           To control crime.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Taking Back Our 
Streets Act of 1995''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
                    TITLE I--EFFECTIVE DEATH PENALTY

                    Subtitle A--Habeas Corpus Reform

   Chapter 1--Post Conviction Petitions: General Habeas Corpus Reform

Sec. 101. Period of limitation for filing writ of habeas corpus 
                            following final judgment of a State court.
Sec. 102. Authority of appellate judges to issue certificates of 
                            probable cause for appeal in habeas corpus 
                            and Federal collateral relief proceedings.
Sec. 103. Conforming amendment to the rules of appellate procedure.
Sec. 104. Discretion to deny habeas corpus application despite failure 
                            to exhaust State remedies.
Sec. 105. Period of limitation for Federal prisoners filing for 
                            collateral remedy.
  Chapter 2--Special Procedures for Collateral Proceedings in Capital 
                                 Cases

Sec. 106. Death penalty litigation procedures.
Chapter 3--Funding for Litigation of Federal Habeas Corpus Petitions in 
                             Capital Cases

Sec. 107. Funding for death penalty prosecutions.
          Subtitle B--Federal Death Penalty Procedures Reform

Sec. 111. Federal death penalty procedures reform.
                     TITLE II--DETERRING GUN CRIMES

Sec. 201. Mandatory prison terms for use, possession, or carrying of a 
                            firearm or destructive device during a 
                            State crime of violence or State drug 
                            trafficking crime.
                TITLE III--MANDATORY VICTIM RESTITUTION

Sec. 301. Mandatory restitution and other provisions.
                 TITLE IV--LAW ENFORCEMENT BLOCK GRANTS

Sec. 401. Block grant program.
                  TITLE V--TRUTH IN SENTENCING GRANTS

Sec. 501. Truth in sentencing grant program.
                   TITLE VI--EXCLUSIONARY RULE REFORM

Sec. 601. Admissibility of certain evidence.
             TITLE VII--STOPPING ABUSIVE PRISONER LAWSUITS

Sec. 701. Exhaustion requirement.
Sec. 702. Frivolous actions.
Sec. 703. Modification of required minimum standards.
Sec. 704. Proceedings in forma pauperis.
    TITLE VIII--FURTHER STREAMLINING DEPORTATION OF CRIMINAL ALIENS

Sec. 801. Additional expansion of definition of aggravated felony.
Sec. 802. Deportation procedures for certain criminal aliens who are 
                            not permanent residents.
Sec. 803. Restricting defenses to deportation for certain criminal 
                            aliens.
Sec. 804. Limitation on collateral attacks on underlying deportation 
                            order.
Sec. 805. Criminal alien tracking center.
Sec. 806. Miscellaneous provisions.
Sec. 807. Construction of expedited deportation requirements.
 TITLE IX--AMENDMENTS TO VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT

Sec. 901. Deletion or replacement of programs.

                    TITLE I--EFFECTIVE DEATH PENALTY

                    Subtitle A--Habeas Corpus Reform

   CHAPTER 1--POST CONVICTION PETITIONS: GENERAL HABEAS CORPUS REFORM

SEC. 101. PERIOD OF LIMITATION FOR FILING WRIT OF HABEAS CORPUS 
              FOLLOWING FINAL JUDGMENT OF A STATE COURT.

    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. 102. AUTHORITY OF APPELLATE JUDGES TO ISSUE CERTIFICATES OF 
              PROBABLE CAUSE FOR APPEAL IN HABEAS CORPUS AND FEDERAL 
              COLLATERAL RELIEF PROCEEDINGS.

    Section 2253 of title 28, United States Code, is amended to read as 
follows:
``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. A certificate of probable cause may only issue if the petitioner 
has made a substantial showing of the denial of a Federal right. The 
certificate of probable cause must indicate which specific issue or 
issues satisfy this standard.''.

SEC. 103. CONFORMING AMENDMENT TO THE RULES OF APPELLATE PROCEDURE.

    Federal Rule of Appellate Procedure 22 is amended to read as 
follows:

                               ``RULE 22

              ``habeas corpus and section 2255 proceedings

    ``(a) Application for an Original Writ of 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 of Probable Cause for Appeal.--In a 
habeas corpus proceeding in which the detention complained of arises 
out of process issued by a State court, and in a motion proceeding 
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. 104. 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. 105. 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.''.

  CHAPTER 2--SPECIAL PROCEDURES FOR COLLATERAL PROCEEDINGS IN CAPITAL 
                                 CASES

SEC. 106. DEATH PENALTY LITIGATION PROCEDURES.

    (a) In General.--Title 28, United States Code, is amended by 
inserting the following new chapter after chapter 153:

    ``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES

``Sec.
``2256. Prisoners in State custody subject to capital sentence; 
                            appointment of counsel; requirement of rule 
                            of court or statute; procedures for 
                            appointment.
``2257. Mandatory stay of execution; duration; limits on stays of 
                            execution; successive petitions.
``2258. Filing of habeas corpus petition; time requirements; tolling 
                            rules.
``2259. Certificate of probable cause inapplicable.
``2260. Application to State unitary review procedures.
``2261. Limitation periods for determining petitions.
``2262. Rule of construction.
``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 appointed pursuant to subsections (b) and (c) to 
represent a State prisoner under capital sentence shall have previously 
represented the prisoner at trial or on direct appeal in the case for 
which the 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 established by this 
section shall be tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct 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. 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. 2260. 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 establishes by rule of its 
court of last resort or by statute a mechanism for the appointment, 
compensation and payment of reasonable litigation expenses of competent 
counsel in the unitary review proceedings, including expenses relating 
to the litigation of collateral claims in the proceedings. The rule of 
court or statute must provide standards of competency for the 
appointment of such counsel.
    ``(b) A unitary review procedure, to qualify under this section, 
must include an offer of counsel following trial for the purpose of 
representation on unitary review, and entry of an order, as provided in 
section 2256(c), 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, and 2261 shall apply in relation 
to cases involving a sentence of death from any State having a unitary 
review procedure that qualifies under this section. References to State 
`post-conviction 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. 2261. Limitation periods for determining petitions
    ``(a)(1) A Federal district court shall determine such a petition 
or motion within 60 days of any argument heard on an evidentiary 
hearing, or where no evidentiary hearing is held, within 60 days of any 
final argument heard in the case.
    ``(2)(A) The court of appeals shall determine any 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.
    ``(b) The time limitations under subsection (a) shall apply to an 
initial petition or motion, and to any second or successive petition or 
motion. The same limitations shall also apply to the re-determination 
of a petition or motion or related appeal following a remand by the 
court of appeals or the Supreme Court for further proceedings, and in 
such a case the limitation period shall run from the date of the 
remand.
    ``(c) The time limitations under this section shall not be 
construed to entitle a petitioner or movant to a stay of execution, to 
which the petitioner or movant would 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.
    ``(f) The adjudication of any petition under section 2254 of this 
title that is subject to this chapter, and the adjudication of any 
motion under section 2255 of this title by a person under sentence of 
death, shall be given priority by the district court and by the court 
of appeals over all noncapital matters.
``Sec. 2262. 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''.

CHAPTER 3--FUNDING FOR LITIGATION OF FEDERAL HABEAS CORPUS PETITIONS IN 
                             CAPITAL CASES

SEC. 107. FUNDING FOR DEATH PENALTY PROSECUTIONS.

    Part E of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the 
following new section:
    ``Sec. 515. Notwithstanding any other provision of this subpart, 
the Director shall provide grants to the States, from the funding 
allocated pursuant to section 511, for the purpose of supporting 
litigation pertaining to Federal habeas corpus petitions in capital 
cases. The total funding available for such grants within any fiscal 
year shall be equal to the funding provided to capital resource 
centers, pursuant to Federal appropriation, in the same fiscal year.''.

          Subtitle B--Federal Death Penalty Procedures Reform

SEC. 111. FEDERAL DEATH PENALTY PROCEDURES REFORM.

    (a) In General.--Subsection (e) of section 3593 of title 18, United 
States Code, is amended by striking ``Based upon this consideration'' 
and all that follows through the end of such subsection and inserting 
the following: ``The jury, or if there is no jury, the court, shall 
then consider whether the aggravating factor or factors found to exist 
outweigh any mitigating factors. The jury, or if there is no jury, the 
court shall recommend a sentence of death if it unanimously finds at 
least one aggravating factor and no mitigating factor or if it finds 
one or more aggravating factors which outweigh any mitigating factors. 
In any other case, it shall not recommend a sentence of death. The jury 
shall be instructed that it must avoid any influence of sympathy, 
sentiment, passion, prejudice, or other arbitrary factors in its 
decision, and should make such a recommendation as the information 
warrants. The jury shall be instructed that its recommendation 
concerning a sentence of death is to be based on the aggravating factor 
or factors and any mitigating factors which have been found, but that 
the final decision concerning the balance of aggravating and mitigating 
factors is a matter for the jury's judgment.''.
    (b)  Conforming Amendment.--Section 3594 of title 18, United States 
Code, is amended by striking ``or life imprisonment without possibility 
of release''.

                     TITLE II--DETERRING GUN CRIMES

SEC. 201. MANDATORY PRISON TERMS FOR CARRYING, USING, OR DISCHARGING A 
              FIREARM OR DESTRUCTIVE DEVICE DURING A STATE CRIME THAT 
              IS A SERIOUS VIOLENT FELONY OR SERIOUS DRUG OFFENSE.

    Section 924(c) of title 18, United States Code, is amended to read 
as follows:
    ``(c)(1)(A)(i) A person who, during and in relation to a serious 
violent felony or serious drug offense (including a serious violent 
felony or serious drug offense that provides for an enhanced punishment 
if committed by the use of a deadly or dangerous weapon or device) for 
which the person may be prosecuted in a court of any State--
            ``(I) knowingly carries a firearm, shall, in addition to 
        the sentence imposed for the serious violent felony or serious 
        drug offense, be sentenced to imprisonment for not less than 5 
        years;
            ``(II) knowingly uses a firearm, shall, in addition to the 
        sentence imposed for the serious violent felony or serious drug 
        offense, be sentenced to imprisonment for not less than 10 
        years; or
            ``(III) discharges a firearm with the intent to injure 
        another person, shall, in addition to the sentence imposed for 
        the serious violent felony or serious drug offense, be 
        sentenced to imprisonment for not less than 30 years;
except that if the firearm is a machinegun or destructive device or is 
equipped with a firearm silencer or firearm muffler, the person shall, 
in addition to the sentence imposed for the serious violent felony or 
serious drug offense, be sentenced to life imprisonment.
    ``(B) Subparagraph (A) shall not apply to the conduct of a person 
in defense of person or property during the course of a crime committed 
by another person (including the arrest or attempted arrest of such 
other person during or immediately after the commission of the crime), 
unless the person engaged in or participated in criminal conduct that 
gave rise to the criminal conduct of such other person.
    ``(C) It is the intent of the Congress that--
            ``(i) this paragraph shall be used to supplement but not 
        supplant the efforts of State and local prosecutors in 
        prosecuting serious violent felonies and serious drug offenses 
        that could be prosecuted under State law; and
            ``(ii) the Attorney General shall give due deference to the 
        interest that a State or local prosecutor has in prosecuting a 
        person under State law.
    ``(2)(A)(i) A person who, during and in relation to a crime of 
violence or drug trafficking crime (including a crime of violence or 
drug trafficking crime that provides for an enhanced punishment if 
committed by the use of a deadly or dangerous weapon or device) for 
which the person may be prosecuted in a court of the United States--
            ``(I) knowingly carries a firearm, shall, in addition to 
        the sentence imposed for the crime of violence or drug 
        trafficking crime, be sentenced to imprisonment for not less 
        than 5 years;
            ``(II) knowingly uses a firearm, shall, in addition to the 
        sentence imposed for the crime of violence or drug trafficking 
        crime, be sentenced to imprisonment for not less than 10 years; 
        or
            ``(III) discharges a firearm with the intent to injure 
        another person, shall, in addition to the sentence imposed for 
        the crime of violence or drug trafficking crime, be sentenced 
        to imprisonment for not less than 20 years.
    ``(ii) A person who, during and in relation to a crime of violence 
or drug trafficking crime (including a crime of violence or drug 
trafficking crime that provides for an enhanced punishment if committed 
by the use of a deadly or dangerous weapon or device) for which the 
person may be prosecuted in a court of the United States--
            ``(I) knowingly carries a short-barreled rifle, short-
        barreled shotgun, or semiautomatic assault weapon, shall, in 
        addition to the sentence imposed for the crime of violence or 
        drug trafficking crime, be sentenced to imprisonment for not 
        less than 10 years;
            ``(II) knowingly uses a short-barreled rifle, short-
        barreled shotgun, or semiautomatic assault weapon, shall, in 
        addition to the sentence imposed for the crime of violence or 
        drug trafficking crime, be sentenced to imprisonment for not 
        less than 15 years; or
            ``(III) discharges a short-barreled rifle, short-barreled 
        shotgun, or semiautomatic assault weapon with the intent to 
        injure another person, shall, in addition to the sentence 
        imposed for the crime of violence or drug trafficking crime, be 
        sentenced to imprisonment for not less than 25 years.
    ``(iii) A person who, during and in relation to a crime of violence 
or drug trafficking crime (including a crime of violence or drug 
trafficking crime that provides for an enhanced punishment if committed 
by the use of a deadly or dangerous weapon or device) for which the 
person may be prosecuted in a court of the United States, knowingly 
carries or knowingly uses a firearm that is a machinegun or destructive 
device or is equipped with a firearm silencer or firearm muffler, or 
discharges such a firearm with the intent to injure another person, 
shall, in addition to the sentence imposed for the crime of violence or 
drug trafficking crime, be sentenced to imprisonment for not less than 
30 years.
    ``(B) A person who has been convicted under this subsection and 
who, during and in relation to a crime of violence or drug trafficking 
crime (including a crime of violence or drug trafficking crime that 
provides for an enhanced punishment if committed by the use of a deadly 
or dangerous weapon or device) for which the person may be prosecuted 
in a court of the United States--
            ``(i) knowingly carries a firearm, shall, in addition to 
        the sentence imposed for the serious violent felony or serious 
        drug offense, be sentenced to imprisonment for not less than 10 
        years;
            ``(ii) knowingly uses a firearm, shall, in addition to the 
        sentence imposed for the serious violent felony or serious drug 
        offense, be sentenced to imprisonment for not less than 20 
        years; or
            ``(iii) discharges a firearm with the intent to injure 
        another person, shall, in addition to the sentence imposed for 
        the serious violent felony or serious drug offense, be 
        sentenced to imprisonment for not less than 20 years;
except that, if the firearm is a machinegun or destructive device or is 
equipped with a firearm silencer or firearm muffler, the person shall, 
in addition to the sentence imposed for the serious violent felony or 
serious drug offense, be sentenced to imprisonment for not less than 30 
years.
    ``(ii) A person who has been convicted under this subsection and 
who, during and in relation to a serious violent felony or serious drug 
offense (including a serious violent felony or serious drug offense 
that provides for an enhanced punishment if committed by the use of a 
deadly or dangerous weapon or device) for which the person may be 
prosecuted in a court of any State--
            ``(I) knowingly carries a firearm, shall, in addition to 
        the sentence imposed for the serious violent felony or serious 
        drug offense, be sentenced to imprisonment for not less than 10 
        years;
            ``(II) knowingly uses a firearm, shall, in addition to the 
        sentence imposed for the serious violent felony or serious drug 
        offense, be sentenced to imprisonment for not less than 20 
        years; or
            ``(III) discharges a firearm with the intent to injure 
        another person, shall, in addition to the sentence imposed for 
        the serious violent felony or serious drug offense, be 
        sentenced to imprisonment for not less than 30 years;
except that if the firearm is a machinegun or destructive device or is 
equipped with a firearm silencer or firearm muffler, the person shall, 
in addition to the sentence imposed for the serious violent felony or 
serious drug offense, be sentenced to life imprisonment.
    ``(3)(A) Notwithstanding any other provision of law, the court 
shall not impose a probationary sentence on any person convicted of a 
violation of this subsection, nor shall a term of imprisonment imposed 
under this subsection run concurrently with any other term of 
imprisonment including that imposed for the serious violent felony, 
serious drug offense, crime of violence, or drug trafficking crime in 
which the firearm was used.
    ``(B) No person sentenced under this subsection shall be released 
for any reason whatsoever during a term of imprisonment imposed under 
this subsection.
    ``(4) As used in this subsection:
            ``(A) The term `serious violent felony' means--
                    ``(i) a crime of violence; or
                    ``(ii) a serious violent felony (as defined in 
                section 3559(c)(2)(F)).
            ``(B) The term `serious drug offense' means--
                    ``(i) a drug trafficking crime;
                    ``(ii) an offense that is punishable under section 
                401(b)(1)(B) or section 408 of the Controlled 
                Substances Act (21 U.S.C. 841(b)(1)(B), 848), or 
                section 1010(b)(1)(A) of the Controlled Substances 
                Import and Export Act (21 U.S.C. 960(b)(1)(A)); or
                    ``(III) an offense under State law that, had the 
                offense been prosecuted in a court of the United 
                States, would have been punishable under section 
                401(b)(1)(B) or section 408 of the Controlled 
                Substances Act (21 U.S.C. 841(b)(1)(B), 848), or 
                section 1010(b)(1)(A) of the Controlled Substances 
                Import and Export Act (21 U.S.C. 960(b)(1)(A)).
            ``(C) The term `crime of violence' means an offense that is 
        a felony and--
                    ``(i) has as an element the use, attempted use, or 
                threatened use of physical force against the person or 
                property of another; or
                    ``(ii) that by its nature, involves a substantial 
                risk that physical force against the person or property 
                of another may be used in the course of committing the 
                offense.
            ``(D) The term `drug trafficking crime' means any felony 
        punishable under the Controlled Substances Act (21 U.S.C. 801 
        et seq.), the Controlled Substances Import and Export Act (21 
        U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act 
        (46 U.S.C. App. 1901 et seq.).''.

                TITLE III--MANDATORY VICTIM RESTITUTION

SEC. 301. MANDATORY RESTITUTION AND OTHER PROVISIONS.

    (a) Order of Restitution.--Section 3663 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``may order'' and inserting ``shall 
                order''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(4) In addition to ordering restitution of the victim of the 
offense of which a defendant is convicted, a court may order 
restitution of any person who, as shown by a preponderance of evidence, 
was harmed physically, emotionally, or pecuniarily, by unlawful conduct 
of the defendant during--
            ``(A) the criminal episode during which the offense 
        occurred; or
            ``(B) the course of a scheme, conspiracy, or pattern of 
        unlawful activity related to the offense.'';
            (2) in subsection (b)(1)(B) by striking ``impractical'' and 
        inserting ``impracticable'';
            (3) in subsection (b)(2) by inserting ``emotional or'' 
        after ``resulting in'';
            (4) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by redesignating paragraph (5) as paragraph 
                (6); and
                    (C) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) in any case, reimburse the victim for necessary child 
        care, transportation, and other expenses related to 
        participation in the investigation or prosecution of the 
        offense or attendance at proceedings related to the offense; 
        and''.
            (5) in subsection (c) by striking ``If the court decides to 
        order restitution under this section, the'' and inserting 
        ``The'';
            (6) by striking subsections (d), (e), (f), (g), and (h);
            (7) by redesignating subsection (i) as subsection (m); and
            (8) by inserting after subsection (c) the following:
    ``(d)(1) The court shall order restitution to a victim in the full 
amount of the victim's losses as determined by the court and without 
consideration of--
            ``(A) the economic circumstances of the offender; or
            ``(B) the fact that a victim has received or is entitled to 
        receive compensation with respect to a loss from insurance or 
        any other source.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall specify in the restitution order the manner in 
which and the schedule according to which the restitution is to be 
paid, in consideration of--
            ``(A) the financial resources and other assets of the 
        offender;
            ``(B) projected earnings and other income of the offender; 
        and
            ``(C) any financial obligations of the offender, including 
        obligations to dependents.
    ``(3) A restitution order may direct the offender to make a single, 
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
            ``(A) return of property;
            ``(B) replacement of property; or
            ``(C) services rendered to the victim or to a person or 
        organization other than the victim.
    ``(e) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each offender 
liable for payment of the full amount of restitution or may apportion 
liability among the offenders to reflect the level of contribution and 
economic circumstances of each offender.
    ``(f) When the court finds that more than 1 victim has sustained a 
loss requiring restitution by an offender, the court shall order full 
restitution of each victim but may provide for different payment 
schedules to reflect the economic circumstances of each victim.
    ``(g)(1) If the victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other source, 
the court shall order that restitution be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution of victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
    ``(2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually received 
by the victim under the restitution order fully compensate the victim 
for the loss, at which time a person that has provided compensation to 
the victim shall be entitled to receive any payments remaining to be 
paid under the restitution order.
    ``(3) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as compensatory 
damages by the victim in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
    ``(h) A restitution order shall provide that--
            ``(1) all fines, penalties, costs, restitution payments and 
        other forms of transfers of money or property made pursuant to 
        the sentence of the court shall be made by the offender to an 
        entity designated by the Director of the Administrative Office 
        of the United States Courts for accounting and payment by the 
        entity in accordance with this subsection;
            ``(2) the entity designated by the Director of the 
        Administrative Office of the United States Courts shall--
                    ``(A) log all transfers in a manner that tracks the 
                offender's obligations and the current status in 
                meeting those obligations, unless, after efforts have 
                been made to enforce the restitution order and it 
                appears that compliance cannot be obtained, the court 
                determines that continued recordkeeping under this 
                subparagraph would not be useful;
                    ``(B) notify the court and the interested parties 
                when an offender is 90 days in arrears in meeting those 
                obligations; and
            ``(3) the offender shall advise the entity designated by 
        the Director of the Administrative Office of the United States 
        Courts of any change in the offender's address during the term 
        of the restitution order.
    ``(i) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or State 
office for the recording of liens against real or personal property.
    ``(j) Compliance with the schedule of payment and other terms of a 
restitution order shall be a condition of any probation, parole, or 
other form of release of an offender. If a defendant fails to comply 
with a restitution order, the court may revoke probation or a term of 
supervised release, modify the term or conditions of probation or a 
term of supervised release, hold the defendant in contempt of court, 
enter a restraining order or injunction, order the sale of property of 
the defendant, accept a performance bond, or take any other action 
necessary to obtain compliance with the restitution order. In 
determining what action to take, the court shall consider the 
defendant's employment status, earning ability, financial resources, 
the willfulness in failing to comply with the restitution order, and 
any other circumstances that may have a bearing on the defendant's 
ability to comply with the restitution order.
    ``(k) An order of restitution may be enforced--
            ``(1) by the United States--
                    ``(A) in the manner provided for the collection and 
                payment of fines in subchapter (B) of chapter 229 of 
                this title; or
                    ``(B) in the same manner as a judgment in a civil 
                action; and
            ``(2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a civil 
        action.
    ``(l) A victim or the offender may petition the court at any time 
to modify a restitution order as appropriate in view of a change in the 
economic circumstances of the offender.''.
    (b) Procedure for Issuing Order of Restitution.--Section 3664 of 
title 18, United States Code, is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (a), (b), (c), and (d);
            (3) by amending subsection (a), as redesignated by 
        paragraph (2), to read as follows:
    ``(a) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained by any 
victim as a result of the offense, the financial resources of the 
defendant, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other factors as the court deems 
appropriate. The probation service of the court shall include the 
information collected in the report of presentence investigation or in 
a separate report, as the court directs.''; and
            (4) by adding at the end thereof the following new 
        subsection:
    ``(e) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate or special master for 
proposed findings of fact and recommendations as to disposition, 
subject to a de novo determination of the issue by the court.''.

                 TITLE IV--LAW ENFORCEMENT BLOCK GRANTS

SEC. 401. BLOCK GRANT PROGRAM.

    Title I of the Violent Crime Control and Law Enforcement Act of 
1994 is amended to read as follows:

                ``TITLE I--LAW ENFORCEMENT BLOCK GRANTS

``SEC. 101. PAYMENTS TO LOCAL GOVERNMENTS.

    ``(a) Payment and Use.--
            ``(1) Payment.--The Director of the Bureau of Justice 
        Assistance, shall pay to each unit of local government which 
        qualifies for a payment under this title an amount equal to the 
        sum of any amounts allocated to such unit under this title for 
        each payment period. The Director shall pay such amount from 
        amounts appropriated to carry out this title.
            ``(2) Use.--Amounts paid to a unit of local government 
        under this section shall be used by the unit for reducing crime 
        and improving public safety, including but not limited to, one 
        or more of the following purposes:
                    ``(A)(i) hiring, training, and employing on a 
                continuing basis new, additional law enforcement 
                officers and necessary support personnel;
                    ``(ii) paying overtime to presently employed law 
                enforcement officers and necessary support personnel 
                for the purpose of increasing the number of hours 
                worked by such personnel; and
                    ``(iii) procuring equipment, technology, and other 
                material directly related to basic law enforcement 
                functions.
                    ``(B) Enhancing school security measures by--
                            ``(i) providing increased law enforcement 
                        patrols in and around schools, whether through 
                        the hiring of additional law enforcement 
                        officers or paying overtime to presently 
                        employed officers;
                            ``(ii) purchasing law enforcement equipment 
                        necessary to carry out normal law enforcement 
                        functions in and around schools;
                            ``(iii) equipping schools with metal 
                        detectors, fences, closed circuit cameras, and 
                        other physical safety measures; and
                            ``(iv) gun hotlines designed to facilitate 
                        the reporting of weapons possession by students 
                        and other individuals in and around schools.
                    ``(C) Establishing crime prevention programs that 
                are organized, supervised by, or involve substantial 
                participation of law enforcement officials and that are 
                intended to discourage, disrupt, or interfere with the 
                commission of criminal activity, including neighborhood 
                watches and citizen patrols.
    ``(b) Timing of Payments.--The Director shall pay each unit of 
local government that has submitted an application under this title not 
later than--
            ``(1) 90 days after the date that the amount is available, 
        or
            ``(2) the first day of the payment period if the unit of 
        local government has provided the Director with the assurances 
        required by section 103(d),
whichever is later.
    ``(c) Adjustments.--
            ``(1) In general.--Subject to paragraph (2), the Director 
        shall adjust a payment under this title to a unit of local 
        government to the extent that a prior payment to the unit of 
        local government was more or less than the amount required to 
        be paid.
            ``(2) Considerations.--The Director may increase or 
        decrease under this subsection a payment to a unit of local 
        government only if the Director determines the need for the 
        increase or decrease, or if the unit requests the increase or 
        decrease, not later than one year after the end of the payment 
        period for which a payment was made.
    ``(d) Reservation for Adjustment.--The Director may reserve a 
percentage of not more than two percent of the amount under this 
section for a payment period for all units of local government in a 
State if the Director considers the reserve is necessary to ensure the 
availability of sufficient amounts to pay adjustments after the final 
allocation of amounts among the units of local government in the State.
    ``(e) Repayment of Unexpended Amounts.--
            ``(1) Repayment required.--A unit of local government shall 
        repay to the Director, by not later than 27 months after 
        receipt of funds from the Director, any amount that is--
                    ``(A) paid to the unit from amounts appropriated 
                under the authority of this section; and
                    ``(B) not expended by the unit within two years 
                after receipt of such funds from the Director.
            ``(2) Penalty for failure to repay.--If the amount required 
        to be repaid is not repaid, the Director shall reduce payment 
        in future payment periods accordingly.
            ``(3) Deposit of amounts repaid.--Amounts received by the 
        Director as repayments under this subsection shall be deposited 
        in a designated fund for future payments to units of local 
        government.
    ``(f) Nonsupplanting Requirement.--Funds made available under this 
title to units of local government shall not be used to supplant State 
or local funds, but shall be used to increase the amount of funds that 
would, in the absence of funds under this title, be made available from 
State or local sources.

``SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title--
            ``(1) $2,000,000,000 for fiscal year 1996;
            ``(2) $2,000,000,000 for fiscal year 1997;
            ``(3) $2,000,000,000 for fiscal year 1998;
            ``(4) $2,000,000,000 for fiscal year 1999; and
            ``(5) $2,000,000,000 for fiscal year 2000.
    ``(b) Administrative Costs.--Not more than 2.5 percent of the 
amount authorized to be appropriated under subsection (a) for each of 
the fiscal years 1995 through 2000 shall be available to the Director 
for administrative costs to carry out the purposes of this title. Such 
sums are to remain available until expended.
    ``(c) Availability.--The amounts authorized to be appropriated 
under subsection (a) shall remain available until expended.

``SEC. 103. QUALIFICATION FOR PAYMENT.

    ``(a) In General.--The Director shall issue regulations 
establishing procedures under which an unit of local government is 
required to provide notice to the Director regarding the proposed use 
of assistance under this title.
    ``(b) General Requirements for Qualification.--An unit of local 
government qualifies for a payment under this title for a payment 
period only if the unit submits an application to the Director and 
establishes, to the satisfaction of the Director, that--
            ``(1) the unit of local government will establish a trust 
        fund in which the government will deposit all payments received 
        under this title;
            ``(2) the unit of local government will use amounts in the 
        trust fund (including interest) during a period not to exceed 
        two years from the date the first grant payment is made to the 
        government;
            ``(3) the unit of local government will expend the payments 
        received in accordance with the laws and procedures that are 
        applicable to the expenditure of revenues of the unit of 
        government;
            ``(4) the unit of local government will use accounting, 
        audit, and fiscal procedures that conform to guidelines which 
        shall be prescribed by the Director after consultation with the 
        Comptroller General and as applicable, amounts received under 
        this title shall be audited in compliance with the Single Audit 
        Act of 1984;
            ``(5) after reasonable notice from the Director or the 
        Comptroller General to the unit of government, the unit of 
        local government will make available to the Director and the 
        Comptroller General, with the right to inspect, records that 
        the Director reasonably requires to review compliance with this 
        title or that the Comptroller General reasonably requires to 
        review compliance and operation;
            ``(6) a designated official of the unit of local government 
        shall make reports the Director reasonably requires, in 
        addition to the annual reports required under this title; and
            ``(7) the unit of local government will spend the funds 
        only for the purposes set forth in section 101(a)(2).
    ``(c) Review by Governors.--A unit of local government shall give 
the chief executive officer of the State in which the government is 
located an opportunity for review and comment before establishing 
compliance with subsection (d).
    ``(d) Sanctions for Noncompliance.--
            ``(1) In general.--If the Director determines that a unit 
        of local government has not complied substantially with the 
        requirements or regulations prescribed under subsection (b), 
        the Director shall notify the unit of local government that if 
        the unit of local government does not take corrective action 
        within 60 days of such notice, the Director will withhold 
        additional payments to the unit of local government for the 
        current and future payment periods until the Director is 
        satisfied that the unit of local government--
                    ``(A) has taken the appropriate corrective action; 
                and
                    ``(B) will comply with the requirements and 
                regulations prescribed under subsection (b).
            ``(2) Notice.--Before giving notice under paragraph (1), 
        the Director shall give the chief executive officer of the unit 
        of local government reasonable notice and an opportunity for 
        comment.

``SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) State Distribution.--Except as provided in section 103(d), of 
the total amounts appropriated for this title for each payment period, 
the Director shall allocate for units of local government--
            ``(1) 0.25 percent to each State; and
            ``(2) of the total amount of funds remaining after 
        allocation under paragraph (1), an amount that is equal to the 
        ratio that the number of part 1 violent crimes reported by such 
        State to the Federal Bureau of Investigation for 1993, bears to 
        the number of part 1 violent crimes reported by all States to 
        the Federal Bureau of Investigation for 1993.
    ``(b) Local Distribution.--
            ``(1) From the amount reserved for each State under 
        subsection (a), the Director shall allocate to each unit of 
        local government an amount which--
                    ``(A) bears the ratio that the number of part 1 
                violent crimes reported by such unit to the Federal 
                Bureau of Investigation for 1993 bears to the number of 
                part 1 violent crimes reported by all units of local 
                government in the State in which the unit is located to 
                the Federal Bureau of Investigation for 1993 multiplied 
                by the ratio of the population living in all units in 
                the State in which the unit is located that reported 
                part 1 violent crimes to the Federal Bureau of 
                Investigation for 1993 bears to the population of the 
                State; or
                    ``(B) if such data are not available for a unit, 
                the ratio that the population of such unit bears to the 
                population of all units of local government in the 
                State in which the unit is located for which data are 
                not available multiplied by the ratio of the population 
                living in units in the State in which the unit is 
                located for which data are not available bears to the 
                population of the State.
            ``(2) If under paragraph (1) a unit of local government is 
        allotted less than $5,000 for the payment period, the amount 
        allotted shall be transferred to the Governor of the State who 
        shall equitably distribute the allocation to all such units or 
        consortia, as the case may be.
            ``(3)(A) If a unit of local government in a State that has 
        been incorporated since the date of the collection of the data 
        used by the Director in making allocations pursuant to this 
        section, the Director shall allocate to this newly incorporated 
        unit of local government, out of the amount allocated to the 
        State under this section, an amount bearing the same ratio to 
        the amount allocated to the State as the population of the 
        newly incorporated local government bears to the population of 
        the State.
            ``(B) If a unit of local government in the State has been 
        annexed since the date of the collection of the data used by 
        the Director in making allocations pursuant to this section, 
        the Director shall pay the amount that would have been 
        allocated to such unit of local government to the unit of local 
        government that annexed it.
    ``(c) Unavailability of Information.--For purposes of this section, 
if data regarding part 1 violent crimes in any State for 1993 is 
unavailable or substantially inaccurate, the Director shall utilize the 
best available comparable data regarding the number of violent crimes 
for 1993 for such State for the purposes of allocation of any funds 
under this title.

``SEC. 105. UTILIZATION OF PRIVATE SECTOR.

    ``Funds or a portion of funds allocated under this title may be 
utilized to contract with private, nonprofit entities or community-
based organizations to carry out the purposes specified under section 
101(a)(2).

``SEC. 106. PUBLIC PARTICIPATION.

    ``(a) In General.--A unit of local government expending payments 
under this title shall hold at least one public hearing on the proposed 
use of the payment from the Director in relation to its entire budget.
    ``(b) Views.--At the hearing, persons shall be given an opportunity 
to provide written and oral views to the unit of local government 
authority responsible for enacting the budget and to ask questions 
about the entire budget and the relation of the payment from the 
Director to the entire budget.
    ``(c) Time and Place.--The unit of local government shall hold the 
hearing at a time and place that allows and encourages public 
attendance and participation.

``SEC. 107. ADMINISTRATIVE PROVISIONS.

    ``The administrative provisions of part H of the Omnibus Crime 
Control and Safe Streets Act of 1968, shall apply to this title.

``SEC. 108. DEFINITIONS.

    ``For the purposes of this title:
            ``(1) The term `unit of local government' means--
                    ``(A) a county, township, city, or political 
                subdivision of a county, township, or city, that is a 
                unit of local government as determined by the Secretary 
                of Commerce for general statistical purposes; and
                    ``(B) the District of Columbia and the recognized 
                governing body of an Indian tribe or Alaskan Native 
                village that carries out substantial governmental 
                duties and powers.
            ``(2) The term `payment period' means each one-year period 
        beginning on October 1 of any year in which a grant under this 
        title is awarded.
            ``(3) The term `State' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands, except that American Samoa, Guam, and 
        the Northern Mariana Islands shall be considered as one State 
        and that, for purposes of section 104(a), 33 percent of the 
        amounts allocated shall be allocated to American Samoa, 50 
        percent to Guam, and 17 percent to the Northern Mariana 
        Islands.
            ``(4) The term `Juvenile' means an individual who is 17 
        years of age or younger.
            ``(5) The term `part 1 violent crimes' means murder and 
        nonnegligent manslaughter, forcible rape, robbery, and 
        aggravated assault as reported to the Federal Bureau of 
        Investigation for purposes of the Uniform Crime Reports.
            ``(6) The term `Director' means the Director of the Bureau 
        of Justice Assistance.''.

SEC. 402. CONFORMING AMENDMENT.

    The amendments made to the Omnibus Crime Control and Safe Streets 
Act of 1968, as added by title I of the Violent Crime Control and Law 
Enforcement Act of 1994, are repealed.

                  TITLE V--TRUTH IN SENTENCING GRANTS

SEC. 501. TRUTH IN SENTENCING GRANT PROGRAM.

    Title V of the Violent Crime Control and Law Enforcement Act of 
1994 is amended to read as follows:

                 ``TITLE V--TRUTH IN SENTENCING GRANTS

``SEC. 501. AUTHORIZATION OF GRANTS.

    ``(a) In General.--The Attorney General is authorized to provide 
grants to eligible States and to eligible States organized as a 
regional compact to build, expand, and operate space in correctional 
facilities in order to increase the prison bed capacity in such 
facilities for the confinement of persons convicted of a serious 
violent felony and to build, expand, and operate temporary or permanent 
correctional facilities, including facilities on military bases, for 
the confinement of convicted nonviolent offenders and criminal aliens 
for the purpose of freeing suitable existing prison space for the 
confinement of persons convicted of a serious violent felony.
    ``(b) Limitation.--An eligible State or eligible States organized 
as a regional compact may receive either a general grant under section 
502 or a truth-in-sentencing incentive grant under section 503.

``SEC. 502. GENERAL GRANTS.

    ``(a) Distribution of General Grants.--50 percent of the total 
amount of funds made available under this title for each of the fiscal 
years 1995 through 2000 shall be made available for general eligibility 
grants for each State or States organized as a regional compact that 
meets the requirements of subsection (b).
    ``(b) General Grants.--In order to be eligible to receive funds 
under subsection (a), a State or States organized as a regional compact 
shall submit an application to the Attorney General that provides 
assurances that such State since 1993 has--
            ``(1) increased the percentage of convicted 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 to prison.

``SEC. 503. TRUTH-IN-SENTENCING GRANTS.

    ``(a) Truth-in-Sentencing Incentive Grants.--50 percent of the 
total amount of funds made available under this title for each of the 
fiscal years 1995 through 2000 shall be made available for truth-in-
sentencing incentive grants to each State or States organized as a 
regional compact that meet the requirements of subsection (c).
    ``(b) Eligibility for Truth-in-Sentencing Incentive Grants.--In 
order to be eligible to receive funds under subsection (a), a State or 
States organized as a regional compact shall submit an application to 
the Attorney General that provides assurances that each State applying 
has enacted laws and regulations which include--
            ``(1)(A) truth-in-sentencing laws which require persons 
        convicted of a serious violent felony serve not less than 85 
        percent of the sentence imposed or 85 percent of the court-
        ordered maximum sentence for States that practice indeterminate 
        sentencing; or
            ``(B) truth-in-sentencing laws which have been enacted, but 
        not yet implemented, that require such State, not later than 
        three years after such State submits an application to the 
        Attorney General, to provide that persons convicted of a 
        serious violent felony serve not less than 85 percent of the 
        sentence imposed or 85 percent of the court-ordered maximum 
        sentence for States that practice indeterminate sentencing, and
            ``(2) laws requiring that the sentencing or releasing 
        authorities notify and allow the victims of the defendant or 
        the family of such victims the opportunity to be heard 
        regarding the issue of sentencing and any postconviction 
        release.

``SEC. 504. SPECIAL RULES.

    ``(a) Indeterminant Sentencing Exception.--Notwithstanding the 
provisions of paragraphs (1) through (3) of section 502(b), a State 
shall be eligible for grants under this title, if the State, not later 
than the date of the enactment of this title--
            ``(1) practices indeterminant sentencing; and
            ``(2) the average times served in such State for the 
        offenses of murder, rape, robbery, and assault exceed, by 10 
        percent or greater, the national average of times served for 
        such offenses.
    ``(b) Exception.--The requirements under section 502(b) shall 
apply, except that a State may provide that the Governor of the State 
may allow for the release of a prisoner over the age of 70 after a 
public hearing in which representatives of the public and the 
prisoner's victims have an opportunity to be heard regarding a proposed 
release.

``SEC. 505. FORMULA FOR GRANTS.

    ``To determine the amount of funds that each eligible State or 
eligible States organized as a regional compact may receive to carry 
out programs under section 502 or 503, the Attorney General shall apply 
the following formula:
            ``(1) $500,000 or 0.40 percent, whichever is greater shall 
        be allocated to each participating State or compact, as the 
        case may be; and
            ``(2) of the total amount of funds remaining after the 
        allocation under paragraph (1), there shall be allocated to 
        each State or compact, as the case may be, an amount which 
        bears the same ratio to the amount of remaining funds described 
        in this paragraph as the population of such State or compact, 
        as the case may be, bears to the population of all the States.

``SEC. 506. ACCOUNTABILITY.

    ``(a) Fiscal Requirements.--A State or States organized as a 
regional compact that receives funds under this title shall use 
accounting, audit, and fiscal procedures that conform to guidelines 
which shall be prescribed by the Attorney General.
    ``(b) Reporting.--Each State that receives funds under this title 
shall submit an annual report, beginning on January 1, 1996, and each 
January 1 thereafter, to the Congress regarding compliance with the 
requirements of this title.
    ``(c) Administrative Provisions.--The administrative provisions of 
sections 801 and 802 of the Omnibus Crime Control and Safe Streets Act 
of 1968 shall apply to the Attorney General in the same manner as such 
provisions apply to the officials listed in such sections.

``SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this title--
            ``(1) $232,000,000 for fiscal year 1995;
            ``(2) $997,500,000 for fiscal year 1996;
            ``(3) $1,330,000,000 for fiscal year 1997;
            ``(4) $2,527,000,000 for fiscal year 1998;
            ``(5) $2,660,000,000 for fiscal year 1999; and
            ``(6) $2,753,100,000 for fiscal year 2000.
    ``(b) Restriction.--No funds may be used for other purposes 
authorized by this Act in fiscal years 1995 through 1999 unless the 
programs under this title are fully funded in such years.
    ``(c) Limitations on Funds.--
            ``(1) Uses of funds.--Funds made available under this title 
        may be used to carry out the purposes described in section 
        501(a).
            ``(2) Nonsupplanting requirement.--Funds made available 
        under this section shall not be used to supplant State funds, 
        but shall be used to increase the amount of funds that would, 
        in the absence of Federal funds, be made available from State 
        sources.
            ``(3) Administrative costs.--Not more than three percent of 
        the funds available under this section may be used for 
        administrative costs.
            ``(4) Matching funds.--The Federal share of a grant 
        received under this title may not exceed 75 percent of the 
        costs of a proposal as described in an application approved 
        under this title.
            ``(5) Carry over of appropriations.--Any funds appropriated 
        but not expended as provided by this section during any fiscal 
year shall remain available until expended.

``SEC. 508. DEFINITIONS.

    ``As used in this title--
            ``(1) the term `indeterminate sentencing' means a system by 
        which--
                    ``(A) the court has discretion on imposing the 
                actual length of the sentence imposed, up to the 
                statutory maximum; and
                    ``(B) an administrative agency, generally the 
                parole board, controls release between court-ordered 
                minimum and maximum sentence;
            ``(2) the term `serious violent felony' means--
                    ``(A) an offense that is a felony and has as an 
                element the use, attempted use, or threatened use of 
                physical force against the person or property of 
                another and has a maximum term of imprisonment of 10 
                years or more,
                    ``(B) any other offense that is a felony and that, 
                by its nature, involves a substantial risk that 
                physical force against the person or property of 
                another may be used in the course of committing the 
                offense and has a maximum term of imprisonment of 10 
                years or more, or
                    ``(C) such crimes include murder, assault with 
                intent to commit murder, arson, armed burglary, rape, 
                assault with intent to commit rape, kidnapping, and 
                armed robbery; and
            ``(3) the term `State' means a State of the United States, 
        the District of Columbia, or any commonwealth, territory, or 
        possession of the United States.''.

                   TITLE VI--EXCLUSIONARY RULE REFORM

SEC. 601. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3510. Admissibility of evidence obtained by search or seizure
    ``(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 ground that the search or seizure was in violation of the fourth 
amendment to the Constitution of the United States, if the search or 
seizure was carried out in 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 VII--STOPPING ABUSIVE PRISONER LAWSUITS

SEC. 701. EXHAUSTION REQUIREMENT.

    Section 7(a)(1) of the Civil Rights of Institutionalized Persons 
Act (42 U.S.C. 1997d) is amended--
            (1) by striking ``in any action brought'' and inserting 
        ``no action shall be brought'';
            (2) by striking ``the court shall'' and all that follows 
        through ``require exhaustion of'' and insert ``until''; and
            (3) by inserting ``are exhausted'' after ``available''.

SEC. 702. FRIVOLOUS ACTIONS.

    Section 7(a) of the Civil Rights of Institutionalized Persons Act 
(42 U.S.C. 1997d(a)) is amended by adding at the end the following:
            ``(3) The court shall on its own motion or on motion of a 
        party dismiss any action brought pursuant to section 1979 of 
        the Revised Statutes of the United States by an adult convicted 
        of a crime and confined in any jail, prison, or other 
        correctional facility if the court is satisfied that the action 
        fails to state a claim upon which relief can be granted or is 
        frivolous or malicious.

SEC. 703. MODIFICATION OF REQUIRED MINIMUM STANDARDS.

    Section 7(b)(2) of the Civil Rights of Institutionalized Persons 
Act (42 U.S.C. 1997d(b)(2)) is amended by striking subparagraph (A) and 
redesignating subparagraphs (B) through (E) as subparagraphs (A) 
through (D), respectively.

SEC. 704. PROCEEDINGS IN FORMA PAUPERIS.

    (a) Dismissal.--Section 1915(d) of title 28, United States Code, is 
amended--
            (1) by inserting ``at any time'' after ``counsel and may''; 
        and
            (2) by striking ``and may'' and inserting ``and shall'';
            (3) by inserting ``fails to state a claim upon which relief 
        may be granted or'' after ``that the action''; and
            (4) by inserting ``even if partial filing fees have been 
        imposed by the court'' before the period.
    (b) Prisoner's Statement of Assets.--Section 1915 of title 28, 
United States Code, is amended by adding at the end the following:
    ``(f) If a prisoner in a correctional institution files an 
affidavit in accordance with subsection (a) of this section, such 
prisoner shall include in that affidavit a statement of all assets such 
prisoner possesses. The court shall make inquiry of the correctional 
institution in which the prisoner is incarcerated for information 
available to that institution relating to the extent of the prisoner's 
assets. The court shall require full or partial payment of filing fees 
according to the prisoner's ability to pay.''.

    TITLE VIII--FURTHER STREAMLINING DEPORTATION OF CRIMINAL ALIENS

SEC. 801. ADDITIONAL EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of 
the Immigration Technical Amendments Act of 1994 (Public Law 103-416), 
is amended--
            (1) in subparagraph (J), by inserting ``, or an offense 
        described in section 1084 (if it is a second or subsequent 
        offense) or 1955 of that title (relating to gambling 
        offenses),'' after ``corrupt organizations)'';
            (2) in subparagraph (K)--
                    (A) by striking ``or'' at the end of clause (i),
                    (B) by redesignating clause (ii) as clause (iii), 
                and
                    (C) by inserting after clause (i) the following new 
                clause:
                            ``(ii) is described in section 2421, 2422, 
                        or 2423 of title 18, United States Code 
                        (relating to transportation for the purpose of 
                        prostitution) for commercial advantage; or'';
            (3) in subparagraph (N), by striking ``of title 18, United 
        States Code'';
            (4) in subparagraph (O), by striking ``which constitutes'' 
        and all that follows up to the semicolon at the end and 
        inserting ``, for the purpose of commercial advantage'';
            (5) by striking ``and'' at the end of subparagraph (P);
            (6) by striking the period at the end of subparagraph (Q) 
        and inserting a semicolon; and
            (7) by inserting after subparagraph (Q) the following new 
        subparagraphs:
                    ``(R) an offense relating to commercial bribery, 
                counterfeiting, forgery, or trafficking in vehicles the 
                identification numbers of which have been altered for 
                which a sentence of 5 years' imprisonment or more may 
                be imposed;
                    ``(S) an offense relating to perjury or subornation 
                of perjury for which a sentence of 5 years' 
                imprisonment or more may be imposed; and
                    ``(T) an offense relating to a failure to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony for which a sentence 
                of 2 years' imprisonment or more may be imposed.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to convictions entered on or after the date of the enactment of 
this Act, except that the amendment made by subsection (a)(3) shall 
take effect as if included in the enactment of section 222 of the 
Immigration Technical Amendments Act of 1994.

SEC. 802. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
              NOT PERMANENT RESIDENTS.

    (a) Administrative Hearings.--Section 242A(b) of the Immigration 
and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) 
of the Violent Crime Control and Law Enforcement Act of 1994 (Public 
Law 103-322), is amended--
            (1) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A) and inserting ``or'', and
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) had permanent resident status on a 
                conditional basis (as described in section 216) at the 
                time that proceedings under this section commenced.'';
            (2) in paragraph (3), by striking ``30 calendar days'' and 
        inserting ``14 calendar days'';
            (3) in paragraph (4)(B), by striking ``proccedings'' and 
        inserting ``proceedings''; and
            (4) by adding at the end the following new paragraph:
            ``(5) No alien described in this section shall be eligible 
        for any relief from deportation that the Attorney General may 
        grant in the Attorney General's discretion.''.
    (b) Limit on Judicial Review.--Subsection (d) of section 106 of the 
Immigration and Nationality Act (8 U.S.C. 1105a), as added by section 
130004(b) of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), is amended to read as follows:
    ``(d) Notwithstanding subsection (c), a petition for review or for 
habeas corpus on behalf of an alien described in section 242A(c) may 
only challenge whether the alien is in fact an alien described in such 
section, and no court shall have jurisdiction to review any other 
issue.''.
    (c) Presumption of Deportability.--Section 242A of the Immigration 
and Nationality Act (8 U.S.C. 1252a) is amended by inserting after 
subsection (b) the following new subsection:
    ``(c) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to all aliens against whom deportation proceedings are initiated 
after the date of the enactment of this Act.

SEC. 803. 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 ``has served for such felony or 
felonies'' and all that follows through the period and inserting ``has 
been sentenced for such felony or felonies to a term of imprisonment of 
at least 5 years, if the time for appealing such conviction or sentence 
has expired and the sentence has become final.''.
    (b) Defenses Based on Withholding of Deportation.--Section 
243(h)(2) of such Act (8 U.S.C. 1253(h)(2)) is amended--
            (1) by striking ``or'' at the end of subparagraph (C),
            (2) by inserting ``or'' at the end of subparagraph (D), and
            (3) by striking the final sentence and inserting the 
        following new subparagraph:
                    ``(E) the alien has been convicted of an aggravated 
                felony.''.

SEC. 804. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION 
              ORDER.

    (a) In General.--Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended by adding at the end the following new 
subsection:
    ``(c) In a criminal proceeding under this section, an alien may not 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b) unless the alien demonstrates that--
            ``(1) the alien exhausted any administrative remedies that 
        may have been available to seek relief against the order;
            ``(2) the deportation proceedings at which the order was 
        issued improperly deprived the alien of the opportunity for 
        judicial review; and
            ``(3) the entry of the order was fundamentally unfair.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to criminal proceedings initiated after the date of the enactment 
of this Act.

SEC. 805. CRIMINAL ALIEN TRACKING CENTER.

    Section 130002(a) of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-312) is amended to read as follows:
    ``(a) Operation and Purpose.--The Commissioner of Immigration and 
Naturalization, with the cooperation of the Director of the Federal 
Bureau of Investigation and the heads of other agencies, shall, under 
the authority of section 242(a)(3)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien 
tracking center. The criminal alien tracking center shall be used to 
assist Federal, State, and local law enforcement agencies in 
identifying and locating aliens who may be subject to deportation by 
reason of their conviction of aggravated felonies.''.

SEC. 806. MISCELLANEOUS PROVISIONS.

    (a) Use of Electronic and Telephonic Media in Deportation 
Hearings.--The second sentence of section 242(b) of the Immigration and 
Nationality Act (8 U.S.C. 1252(b)) is amended by inserting before the 
period the following: ``; except that nothing in this subsection shall 
preclude the Attorney General from authorizing proceedings by 
electronic or telephonic media (with the consent of the alien) or, 
where waived or agreed to by the parties, in the absence of the 
alien''.
    (b) Codification.--
            (1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is 
        amended by adding at the end the following: ``Nothing in this 
        subsection shall be construed to create any substantive or 
        procedural right or benefit that is legally enforceable by any 
        party against the United States or its agencies or officers or 
        any other person.''.
            (2) Section 225 of the Immigration Technical Amendments Act 
        of 1994 (Public Law 103-416) is amended by striking ``and 
        nothing in'' and all that follows through ``1252(i))''.
            (3) The amendments made by this subsection shall take 
        effect as if included in the enactment of the Immigration 
        Technical Amendments Act of 1994 (Public Law 103-416).

SEC. 807. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

    No amendment made by this title shall be construed to create any 
substantive or procedural right or benefit that is legally enforceable 
by any party against the United States or its agencies or officers or 
any other person.

 TITLE IX--AMENDMENTS TO VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT

SEC. 901. PRISONS.

    Subtitle A of title II of the Violent Crime Control and Law 
Enforcement Act of 1994 is repealed.

SEC. 902. CRIME PREVENTION.

    Subtitles A through S and subtitle X of title III of the Violent 
Crime Control and Law Enforcement Act of 1994 are repealed and the 
provisions of law amended by such subtitles shall read as if the 
amendments made by such subtitles had not been enacted.
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