[Congressional Record Volume 140, Number 117 (Thursday, August 18, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 18, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                      CRIME BILL CONFERENCE REPORT

  Mr. HATCH. Mr. President, the more people learn about this crime 
bill, the more opposition to it grows. Now it seems the President's own 
prosecutors have serious troubles with parts of this crime bill. The 
President's frontline Federal prosecutors have announced that they are 
``very much opposed'' to the crime bill's mandatory minimum reform 
provision. The National Association of Assistant U.S. Attorneys, which 
represents nearly 4,000 Federal prosecutors, has written a letter to me 
opposing the crime bill's mandatory minimum reform.
  As I have stated on a number of occasions, this provision of the 
crime bill will decrease penalties for many drug dealers, conspirators, 
and drug traffickers. It will also result in the early release of as 
many as 16,000 Federal drug dealers, and it will clog our courts with 
frivolous litigation. Our Nation's Federal prosecutors know that such a 
provision is not tough and it surely is not smart.
  Republicans support the passage of a crime bill which is both tough 
and smart. And I might add, a number of Democrats do as well. 
Unfortunately, the crime bill conference report is neither. It is 
larded with pork barrel spending. It provides too little money for 
prisons. It drops several tough-on-crime provisions which were part of 
the Senate bill. It permits the early release of as many as 16,000 
Federal prisoners. It fails to prevent the administration's planned 
implementation of a racial quota which will eliminate the Federal death 
penalty, and it increases the deficit by at least $13 billion.
  Notwithstanding our repeated calls for bipartisanship, some Members 
on the other side of the aisle have questioned our motives and the 
sincerity of our objections. Frankly, I was particularly troubled by 
some recent remarks on the floor of this body which called into 
question our distinguished Republican leader's candor in his call for 
bipartisanship.
  Yesterday, Senator Dole took the floor and discussed some areas for 
possible compromise. Rather than responding in a constructive manner, 
his proposed changes were assailed by the other side of the aisle.
  For example, he suggested that the administration should agree to 
drop the get-out-of-jail-free mandatory minimum provision that the 
prosecutors have just said should be changed. Republicans have 
expressed strong opposition to this provision because it is simply too 
broad and it will permit the early release of as many as 10,000 to 
16,000 Federal prisoners--criminals.
  Yesterday, one of our colleagues from the other side of the aisle 
claimed that only 400 offenders would be released as a result of this 
provision. Yet, the figure he cited was the Clinton administration's 
Bureau of Prisons estimate. The fact is the neutral Administrative 
Office of the U.S. Courts has concluded that as many as 10,000 Federal 
prisoners will be eligible for early release. Furthermore, respected 
Princeton University professor, John DiLuilio, a self-professed card-
carrying Democrat, has estimated that as many as 16,000 prisoners will 
qualify for early release under this provision.
  I ask unanimous consent that relative documents supporting my 
position be inserted in the Record.
  There being no objection, the natural was ordered to be printed in 
the Record, as follows:

 Judicial Impact Statement--Violent Crime Control and Law Enforcement 
                              Act of 1994

 (Prepared by the Judicial Impact Office, Administrative Office of the 
                              U.S. Courts)


 applicability of mandatory minimum penalties in certain cases (title 
                       ii, sections 201 and 203)

       Section 201 would permit Federal judges to impose sentences 
     below mandatory minimum levels under specific conditions. 
     More encompassing than the version in the Senate crime bill, 
     this provision would apply to the drug offender who: (1) does 
     not have more than 1 ``criminal history point'' under the 
     United States Sentencing Commission Guidelines Manual; (2) 
     did not use or threaten violence or possess a dangerous 
     weapon during the offense; (3) was not an organizer, leader, 
     manager, or supervisor of others in the offense; and (4) 
     discloses all information known about the offense. This 
     provision would not apply if the offense caused death or 
     serious injury to another person.
       Based on data from the United States Sentencing 
     Commission's February 22, 1994 report on the Senate crime 
     bill, this provision could affect about 150 to 900 defendants 
     annually. This should not have a significant impact on the 
     Judiciary's resource needs. It could however, impose costs on 
     the Federal probation system earlier than planned since 
     prisoners could be released from prison and placed under 
     supervised release earlier than they would otherwise.
       Section 203 would allow the retroactive application of 
     proposed Section 201 to an individual already sentenced and 
     serving prison time, provided that the individual has 
     demonstrated good behavior while in prison. According to 
     preliminary estimates developed by the Federal Bureau of 
     Prisons, somewhere between 5,000 and 10,000 Federal prisoners 
     could meet the eligibility requirements of Section 201. A 
     sentence reduction hearing would likely be required to reduce 
     a prisoner's sentence, each costing the Judiciary about 
     $2,500. If 5,000 to 10,000 hearings were conducted, the cost 
     to the Judiciary could be between $12.5 million to $25 
     million, which would likely be incurred within the first two 
     to three years after enactment of the provision.
       This provision may create other adverse resource 
     consequences for the Judiciary. First, it is possible that 
     some court time could be unproductively spent hearing 
     frivolous motions for reduced sentences. Second, similar to 
     what could occur under proposed Section 201, this provision 
     could result in an influx of prisoners released early from 
     prison and placed under supervised release, which could 
     impose substantial costs on the Federal probation system 
     earlier than anticipated.

              Excerpt From Senate Amendment to Crime Bill

     SEC. 2404. FLEXIBILITY IN APPLICATION OF MANDATORY MINIMUM 
                   SENTENCE PROVISIONS IN CERTAIN CIRCUMSTANCES.

       (a) Amendment of Title 18, United States Code.--Section 
     3553 of title 18, United States Code, is amended by adding at 
     the end the following new subsection:
       ``(f) Mandatory Minimum Sentence Provisions.--
       ``(1) Sentencing under this section.--In the case of an 
     offense described in paragraph (2), the court shall, 
     notwithstanding the requirement of a mandatory minimum 
     sentence in that section, impose a sentence in accordance 
     with this section and the sentencing guidelines and any 
     pertinent policy statement issued by the United States 
     Sentencing Commission.
       ``(2) Offenses.--An offense is described in this paragraph 
     if--
       ``(A) the defendant is subject to a mandatory minimum term 
     of imprisonment under section 401 or 402 of the Controlled 
     Substances Act (21 U.S.C. 841 and 844) or section 1010 of the 
     Controlled Substances Import and Export Act (21 U.S.C. 960);
       ``(B) the defendant does not have--
       ``(i) more than 0 criminal history point under the 
     sentencing guidelines; or
       ``(ii) any prior conviction, foreign or domestic, for a 
     crime of violence against the person or drug trafficking 
     offense that resulted in a sentence of imprisonment (or an 
     adjudication as a juvenile delinquent for an act that, if 
     committed by an adult, would constitute a crime of violence 
     against the person or drug trafficking offense;
       ``(C) the offense did not result in death or serious bodily 
     injury (as defined in section 1365) to any person--
       ``(i) as a result of the act of any person during the 
     course of the offense; or
       ``(ii) as a result of the use by any person of a controlled 
     substance that was involved in the offense;
       ``(D) the defendant did not carry or otherwise have 
     possession of a firearm (as defined in section 921) or other 
     dangerous weapon during the course of the offense and did not 
     direct another person who possessed a firearm to do so and 
     the defendant had no knowledge of any other conspirator 
     involved possessing a firearm;
       ``(E) the defendant was not an organizer, leader, manager, 
     or supervisor of others (as defined or determined under the 
     sentencing guidelines) in the offense; and
       ``(F) the defendant was nonviolent in that the defendant 
     did not use, attempt to use, or make a credible threat to use 
     physical force against the person of another during the 
     course of the offense.
       ``(G) the defendant did not own the drugs, finance any part 
     of the offense or sell the drugs.''.
       (b) Harmonization.--
       (1) In general.--The United States Sentencing Commission--
       (A) may make such amendments as it deems necessary and 
     appropriate to harmonize the sentencing guidelines and policy 
     statements with section 3553(f) of title 18, United States 
     Code, as added by subsection (a), and promulgate policy 
     statements to assist the courts in interpreting that 
     provision; and
       (B) shall amend the sentencing guidelines, if necessary, to 
     assign to an offense under section 401 or 402 of the 
     Controlled Substances Act (21 U.S.C. 841 and 844) or section 
     1010 of the Controlled Substances Import and Export Act (21 
     U.S.C. 960) to which a mandatory minimum term of imprisonment 
     applies a guideline level that will result in the imposition 
     of a term of imprisonment at least equal to the mandatory 
     term of imprisonment that is currently applicable unless a 
     downward adjustment is authorized under section 3553(f) of 
     title 18, United States Code, as added by subsection (a).
       (2) If the Commission determines that an expedited 
     procedure is necessary in order for amendments made pursuant 
     to paragraph (1) to become effective on the effective date 
     specified in subsection (c), the Commission may promulgate 
     such amendments as emergency amendments under the procedures 
     set forth in section 21(a) of the Sentencing Act of 1987 
     (Public Law 100-182; 101 Stat. 1271), as though the authority 
     under that section had not expired.
       (c) Effective Date.--The amendment made by subsection (a) 
     and any amendments to the sentencing guidelines made by the 
     United States Sentencing Commission pursuant to subsection 
     (b) shall apply with respect to sentences imposed for 
     offenses committed on or after the date that is 60 days after 
     the date of enactment of this Act. Notwithstanding any other 
     provision of law, any defendant who has been sentenced 
     pursuant to section 3553(f) who is subsequently convicted of 
     a violation of the Controlled Substances Act or any crime of 
     violence for which imposition of a mandatory minimum term of 
     imprisonment is required, he or she shall be sentenced to an 
     additional 5 years imprisonment.
                                  ____


             [From the Wall Street Journal, Aug. 11, 1994]

                          This Bill Is a Crime

                           (By Jay Apperson)

       The so-called anti-crime bill crafted by House-Senate 
     conferees appears headed for a crucial vote in the House this 
     week, possibly as early as today. The bill is a bad bill and 
     should be defeated. While I do not speak for the Justice 
     Department, I do speak as a veteran front-line prosecutor. 
     Based on my experience, the crime bill does little to 
     strengthen law enforcement and wastes hundreds of millions of 
     dollars on soft-headed gimmicks that don't work.
       More important, the bill is the drug dealer's best friend. 
     It guts one of the most effective law enforcement tools to 
     induce cooperation against high-level drug traffickers--
     ``mandatory minimums''--and, incredibly, authorizes the 
     wholesale release from prison of potentially thousands of 
     convicted drug traffickers, putting them back on the street.
       The legislation is the result of intense and sustained 
     lobbying by the criminal defense bar and other critics of 
     tough mandatory-minimum drug sentences enacted in the 1980s. 
     These critics have painted a picture of federal prosecutors 
     who round up helpless drug addicts and throw then in jail for 
     10 years with no change for parole. The reality is far 
     different. Mandatory minimums apply (with a single exception) 
     to drug dealers, not users. Simple possession by a user is 
     only a misdemeanor which carries a sentence of no more than 
     one year.
       What the critics don't tell you is that mandatory minimums 
     for those assisting in drug distribution are part of a 
     comprehensive scheme which allows the government to move to 
     reduce a defendant's sentence below the minimum term if he 
     provides ``substantial assistance'' in the prosecution of 
     others. In other words, if low-level dealers, drug couriers 
     or ``mules,'' arrested on federal drug offenses, cooperate 
     with prosecutors, identify their sources and higher-ups, 
     testify against them at trial, and help put them out of 
     business, then those low-level defendants can have their own 
     sentence reduced. It is a common-sense ``carrot and stick'' 
     approach which represents perhaps the single most effective 
     law enforcement tool in convicting high-level drug suppliers 
     and traffickers.
       Congress should think long and hard before returning us to 
     the old days when narco-lords could successfully insulate 
     themselves by having others handle the drugs. Before 
     mandatory minimums, underlings served very little jail time 
     for their scutwork. Often paid for their prison time by their 
     bosses, the low-level guys didn't finger increasingly violent 
     higher-ups. Their short sentences were simply the cost of 
     doing business.
       However, faced with the certainty of a 10-year mandatory 
     sentence with no parole, it's amazing how defendants' loyalty 
     or fear is suddenly put into perspective. They very quickly 
     realize they will be giving up a huge chunk of their lives 
     for someone else. And they usually decide to cooperate with 
     prosecutors.
       Federal prosecutors have utilized mandatory minimums to 
     successfully convict increasingly sophisticated high-level 
     traffickers and racketeers--people who would otherwise still 
     be in business. Responsible defense attorneys have zealously 
     represented their clients by getting them to cooperate with 
     the United States to earn reduced time. It is a system that 
     works--both for society, which is rid of some high-level 
     dealers, and for low-level defendants, who earn a reduced 
     sentence.
       Yet you'd never understand how this system works from 
     reading press accounts, which have been shaped by critics of 
     mandatory minimums. A good example is a Feb. 20 Washington 
     Post article, which portrayed a young black man named Derrick 
     Curry, who had been convicted on federal drug trafficking 
     charges. The Post reporter lamented the ``incomprehensibly 
     severe'' 20-year sentence for this ``small-time dealer.'' The 
     story noted, almost in passing, that Curry steadfastly 
     refused to cooperate by ``ratting on his friends.'' For those 
     who think that's noble, remember Jesse Jackson's admonition 
     to young blacks: ``It's like seeing your apartment building 
     in flames and not telling anybody about it because * * * the 
     guys who set the fire are black. They think they're being 
     disloyal to the race if they tell it. No: They will burn the 
     race up unless they tell it.''
       Unfortunately, the crime bill removes the incentive to 
     ``tell it'' by gutting mandatory minimums for a large number 
     of low level defendants. These ``low-level'' defendants--a 
     term defined by politicians not prosecutors--would be 
     eligible to escape the mandatory minimum sentences without 
     ever providing meaningful cooperation to prosecutors. The 
     escape provision applies regardless of the amount of drugs 
     involved. A person who distributes hundreds of kilograms of 
     cocaine or heroin can qualify. It applies even to people who 
     have engaged in repeated and ongoing trafficking, not just 
     small fry who get caught for a single lapse in judgment.
       The bill actually allows the escape hatch to apply 
     retroactively, allowing release of those already convicted 
     and sentenced. What's more, these convicted criminals may 
     qualify for release even if they continue to protect higher-
     up drug traffickers. Convicted criminals may be released 
     simply by having admitted they did it even after they have 
     been convicted by a jury. They can also be released by 
     telling the government what happened years after their arrest 
     and conviction, when that information is useless. There is no 
     requirement that they testify against anyone.
       Passage of this legislation will reward the dangerously 
     false nobility of the Derrick Currys of the world. And the 
     punks whom they have protected will be waiting to put them 
     back in the drug business when they get out.
       If Congress is serious about fighting crime, it will defeat 
     this bill. If President Clinton is serious, he will veto it. 
     It's a bad bill.
                                  ____


               Excerpt From House Amendment to Crime Bill

TITLE II--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN CASES

     SEC. 201. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM 
                   PENALTIES IN CERTAIN CASES.

       (a) In General.--Section 3553 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(f) Limitation on Applicability of Statutory Minimums in 
     Certain Cases.--Notwithstanding any other provision of law, 
     in the case of an offense under section 401, 404, or 406 of 
     the Controlled Substances Act or section 1010 or 1013 of the 
     Controlled Substances Import and Export Act, the court shall 
     impose a sentence pursuant to guidelines established by the 
     United States Sentencing Commission, without regard to any 
     statutory minimum sentence, if the court finds at sentencing 
     that--
       ``(1) the defendant does not have more than 1 criminal 
     history point under the United States Sentencing Commission 
     Guidelines Manual;
       ``(2) the defendant did not use violence or credible 
     threats of violence or possess a firearm or other dangerous 
     weapon (or induce another participant to do so) in connection 
     with the offense;
       ``(3) the offense did not result in death or serious bodily 
     injury to any person;
       ``(4) the defendant was not an organizer, leader, manager, 
     or supervisor of others (as determined under the United 
     States Sentencing Commission Guidelines Manual) in the 
     offense; and
       ``(5) no later than the time of the sentencing hearing, the 
     defendant has provided to the Government all information the 
     defendant has concerning the offense or offenses that were 
     part of the same course of conduct or of a common scheme or 
     plan. The fact that the defendant has no relevant or useful 
     other information to provide shall not preclude or require a 
     determination by the court that the defendant has complied 
     with this requirement.''.
       (b) Sentencing Commission Authority.--
       ``(1) In general.--The United States Sentencing Commission 
     (hereinafter in this section referred to as the 
     ``Commission'') may--
       (A) make such amendments as the Commission deems necessary 
     to harmonize the sentencing guidelines and policy statements 
     with this section and the amendment made by this section; and
       (B) promulgate policy statements to assist in the 
     application of this section and that amendment.
       (2) Procedures.--If the Commission determines it is 
     necessary to do so in order that the amendments made under 
     paragraph (1) may take effect on the effective date of the 
     amendment made by subsection (a), the Commission may 
     promulgate the amendments made under paragraph (1) in 
     accordance with the procedures set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that section had not expired.
       (c) Effective Date and Application.--The amendment made by 
     subsection (a) shall apply to all sentences imposed on or 
     after the 10th day beginning after the date of the enactment 
     of this Act.

     SEC. 202. DIRECTION TO SENTENCING COMMISSION.

       The United States Sentencing Commission shall promulgate 
     sentencing guidelines or amend existing sentencing guidelines 
     with respect to cases where statutory minimum sentences would 
     apply but for section 3553(f) of title 18, United States 
     Code, to carry out the purposes of such section, so that the 
     lowest sentence in the guideline range is not less than 2 
     years in those cases where a 5-year minimum would otherwise 
     apply.

     SEC. 203. SPECIAL RULE.

       For the purpose of section 3582(c)(2) of title 18, United 
     States Code, with respect to a prisoner the court determines 
     has demonstrated good behavior while in prison, the changes 
     in sentencing made as a result of this Act shall be deemed to 
     be changes in the sentencing ranges by the Sentencing 
     Commission pursuant to section 994(o) of title 28, United 
     States Code.
                                  ____


              Excerpt From Conference Report on Crime Bill

  TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN 
                                 CASES

     SEC. 80001. LIMITATIONS ON APPLICABILITY OF MANDATORY MINIMUM 
                   PENALTIES IN CERTAIN CASES.

       (a) In General.--Section 3553 of title 18, United States 
     Code, is amended by adding at the end the following new 
     subsection.
       ``(f) Limitation on Applicability of Statutory Minimums in 
     Certain Cases.--Notwithstanding any other provision of law, 
     in the case of an offense under section 401, 404, or 406 of 
     the Controlled Substances Act (21 U.S.C. 841, 844, 846) or 
     section 1010 or 1013 of the Controlled Substances Import and 
     Export Act (21 U.S.C. 961, 963), the court shall impose a 
     sentence pursuant to guidelines promulgated by the United 
     States Sentencing Commission under section 994 of title 28 
     without regard to any statutory minimum sentence, if the 
     court finds at sentencing that--
       ``(1) the defendant does not have more than 1 criminal 
     history point, as determined under the sentencing guidelines;
       ``(2) the defendant did not use violence or credible 
     threats of violence or possess a firearm or other dangerous 
     weapon (or induce another participant to do so) in connection 
     with the offense;
       ``(3) the offense did not result in death or serious bodily 
     injury to any person;
       ``(4) the defendant was not an organizer, leader, manager, 
     or supervisor of others in the offense, as determined under 
     the sentencing guidelines; and
       ``(5) not later than the time of the sentencing hearing, 
     the defendant has provided to the Government all information 
     the defendant has concerning the offense or offenses that 
     were part of the same course of conduct or of a common scheme 
     or plan, but the fact that the defendant has no relevant or 
     useful other information to provide or that the government is 
     already aware of the information shall not preclude a 
     determination by the court that the defendant has complied 
     with this requirement, and a defendant sentenced before this 
     subsection takes effect shall be deemed to have satisfied the 
     requirement of this paragraph if such defendant--
       ``(A) received an adjustment under the sentencing 
     guidelines for acceptance of responsibility;
       ``(B) received a sentence below the applicable guideline 
     range for having provided substantial assistance in the 
     investigation or prosecution of another person who has 
     committed an offense; or
       ``(C) provides to the Government, after moving for 
     resentencing and before determination of that motion, all 
     information that the defendant has concerning the offense or 
     offenses that were part of the same course of conduct or of a 
     common scheme or plan.
       (b) Sentencing Commission Authority.--
       (1) In General.--(A) The United States Sentencing 
     Commission (referred to in this subsection as the 
     ``Commission''), under section 994(a)(1) and (p) of title 
     28--
       (i) Shall promulgate guidelines, or amendments to 
     guidelines, to carry out the purposes of this section and the 
     amendment made by this section; and
       (ii) may promulgate policy statements, or amendments to 
     policy statements, to assist in the application of this 
     section and that amendment.
       (B) In the case of a defendant for whom the statutorily 
     required minimum sentence is 5 years, such guidelines and 
     amendments to guidelines issued under subparagraph (A) shall 
     call for a guideline range in which the lowest term of 
     imprisonment is at least 24 months.
       (2) Procedures.--If the Commission determines that it is 
     necessary to do so in order that the amendments made under 
     paragraph (1) may take effect on the effective date of the 
     amendment made by subsection (a), the Commission may 
     promulgate the amendments made under paragraph (1) in 
     accordance with the procedures set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that section had not expired.
       (c) Effective Date and Application.--The amendment made by 
     subsection (a) shall apply to all sentences imposed on or 
     after the 10th day beginning after the date of enactment of 
     this Act.

     SEC. 80002. SPECIAL RULE.

       (a) Offenses Subject to Sentencing Guidelines.--For the 
     purpose of section 3582(c)(2) of title 18, United States 
     Code, with respect to a prisoner who, as determined by the 
     court, has demonstrated good behavior while in prison, the 
     changes in sentencing made as a result of this title shall be 
     deemed to be changes in the sentencing ranges by the United 
     States Sentencing Commission pursuant to section 994(o) of 
     title 28, United States Code.
       (b) Offenses Not Subject To Sentencing Guidelines.--
     Notwithstanding any other provision of law, a defendant 
     serving a term of imprisonment who--
       (1) was convicted of an offense that occurred prior to 
     November 1, 1987, or was sentenced as if the offense had 
     occurred before such date:
       (2) meets the criteria set forth in section 3553(f) of 
     title 18, United States Code; and
       (3) has demonstrated good behavior while in prison; shall 
     be eligible for release consideration under the provisions of 
     chapter 311 of title 18, United States Code (as such 
     provisions remain applicable to an individual who committed 
     an offense prior to November 1, 1987). Such a release 
     determination shall be made pursuant to the guidelines and 
     policy statements issued by the United States Sentencing 
     Commission.

  Mr. HATCH. I thank the Chair.
  Perhaps recent developments will open the administration's eyes to 
the fact that our concerns about that provision are legitimate. Over 
the last several days the administration has been focused on turning a 
handful of votes. Consumed with this bare-knuckle strategy, they 
ignored their own prosecutors who attempted to broker some modest 
changes to the crime bill. Having been overlooked, President Clinton's 
prosecutors have been forced to publicly announce their opposition to 
this provision. That is no small thing. These are Democrat and 
Republican prosecutors.
  The National Association of Assistant United States Attorneys, in a 
letter dated yesterday, has taken the position that they are ``very 
much opposed'' to the crime bill's mandatory minimum reform proposal. 
They note that the crime bill would permit as many as 20,000 petitions 
for early release. This sort of litigation will clog our courts and 
``dilute'' Federal prosecutors' ability to do their jobs and would 
eliminate the leverage they need in order to nail certain types of drug 
traffickers.
  Mr. President, I appreciate the courage of the administration's 
frontline prosecutors to publicly oppose the President on this issue, 
and I have no doubt that there are those up here and those down there 
who will threaten them from here on in and will try to hurt the careers 
of some of these people. So it took guts to do what they did, and we 
ought to be listening to them.
  One can only wonder whether this step would have been necessary had 
the administration worked with the Republicans in a bipartisan manner.
  Nevertheless, these men and women who represent the United States in 
all criminal prosecutions felt that they had to take this stand in the 
face of significant pressure from supporters of the crime bill. It is a 
testament to their fidelity to justice that they came forward. To 
continue to suggest, in the face of this sort of growing opposition, 
that our concerns about mandatory minimum reform in the crime bill are 
illegitimate, is ludicrous.
  I have been an advocate for responsible mandatory minimum reform. I 
authored the Senate-passed provision. Indeed, the President's 
prosecutors support responsible reform. Nevertheless, this 
administration and the Congress owe it to our Nation's Federal 
prosecutors to listen to them and consider their suggested changes. 
After all, it is our prosecutors who will bear the burden of this so-
called reform.
  Mr. President, I ask unanimous consent that a copy of their letter to 
me dated August 17, and their policy brief, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                           National Association of


                            Assistant United States Attorneys,

                                Alexandria, VA, August 17, 1994.  
     Hon. Orrin Hatch,
     U.S. Senate, Washington, DC.
       Dear Senator Hatch: The National Association of Assistant 
     United States Attorneys has as its members front-line 
     litigators. Our members represent the United States in all 
     civil and criminal matters. We are our nation's lawyers. Most 
     of our members are prosecutors who work very closely with 
     federal and local law enforcement agencies.
       In 1987, Congress enacted the Federal Sentencing 
     Guidelines, which, in part, had stiff but appropriate 
     sentencing provisions, incorporating mandatory minimum 
     sentences for certain drug traffickers. Those mandatory 
     minimums have given our prosecutors the ability to get drug 
     dealers to cooperate by forcing them to work with us in 
     giving up their source(s) of supply or face years of 
     incarceration. When their cooperation is deemed to be 
     ``substantial'' by a committee of Assistant United States 
     Attorneys (or, in some cases, the United States Attorney), 
     their sentences may be reduced by a federal Judge. In fiscal 
     1993, almost one-fifth of convicted defendants benefited by 
     having their sentences reduced because they cooperated with 
     law enforcement authorities. The results of that cooperation 
     led to the arrest and conviction of numerous drug suppliers 
     and their sources.
       The present Crime Bill contains a provision which not only 
     severely negates the benefits of ``mandatory minimums'' for a 
     certain class of offenders, but also would permit the filing 
     of 10,000 to 20,000 frivolous law suits which would cause 
     prosecutors to spend their time in needless litigation 
     instead of investigating and prosecuting criminals. The 
     present provision would dilute prosecutors' ability to 
     determine if a drug dealer has ``substantially'' cooperated. 
     In effect, our leverage to get to the suppliers would be 
     eliminated for certain types of drug traffickers. We cannot 
     stand idly by and allow this very effective tool to be taken 
     from us and the citizens we are sworn to protect.
       The bill's present language is intended to address low 
     level drug traffickers who are so minimally involved that 
     they cannot have their sentences reduced because they truly 
     cannot provide information or cooperation which would be 
     deemed to be ``substantial''. In some instances under 
     mandatory minimums (and the Department of Justice's 
     requirement that prosecutors had to charge the most serious 
     provable crime), some injustices occurred. We believe that 
     should be corrected. However, Attorney General Reno fixed 
     this problem some time ago by no longer requiring Assistant 
     United States Attorneys to charge the most serious readily 
     provable offense if that would result in a miscarriage of 
     justice. In addition, our Association proposed minor 
     revisions to the present bill which would codify the intent 
     to appropriately treat first time low level traffickers. We 
     are not opposed to these goals and objectives. We are, 
     however, very much opposed to the way the present bill 
     achieves them.
       We believe that prosecutors are in the best position to 
     determine if an individual has cooperated substantially or 
     truly has nothing to offer and therefore meets the other 
     criteria to receive a reduced sentence in accordance with 
     this bill's present language. We have proposed, therefore, 
     that in order to qualify for ``safety valve'' relief, the 
     current language be amended as follows:
       ``(f)(5) is hereby amended by striking the current language 
     and inserting:
       ``(f)(5) the government certifies that the defendant has 
     timely and truthfully provided to the government all 
     information and evidence the defendant has concerning the 
     offense or offenses that were part of the same course of 
     conduct or of a common scheme or plan.''
       We urge the Committee to make the change we have proposed.
           Sincerely,
                                         Lawrence J. Leiser, AUSA,
                                                President, NAAUSA.
                                  ____


National Association of Assistant United States Attorneys--Policy Brief


                           mandatory minimums

       The National Association of Assistant United States 
     Attorneys represents frontline federal prosecutors, including 
     criminal narcotics prosectors and designated Organized Crime 
     Drug Enforcement Task Force prosecutors, charged with 
     enforcing the federal narcotics laws. We are encouraged that 
     ``The Mandatory Minimum Sentencing Reform Act of 1994'', H.R. 
     3979, as amended, and adopted by the Committee on the 
     Judiciary's Crime Subcommittee, recognizes the importance of 
     limiting relief from provisions of existing mandatory minimum 
     sentences to those defendants who have made every effort to 
     provide assistance to the government.
       The proposed amendment to Section 3553 of Title 18, United 
     States Code, to create a relief mechanism from application of 
     mandatory minimum sentences in certain cases, includes the 
     criteria as set forth in paragraph (5) that the defendant has 
     provided to the government all information the defendant has 
     concerning the offense or other criminal conduct related to 
     the offense.
       While we are encouraged by the obvious recognition that any 
     relaxation from mandatory minimum application should be 
     limited to those who provide information to the government, 
     we suggest that the existing language is problematic in its 
     application. The first difficulty arises as to who is in a 
     position to determine whether a defendant has provided the 
     government all information. Only the government is able to 
     make that determination, by comparing the information 
     provided with other evidence of the case. The current 
     language would conceivably allow the defendant to self-
     servingly state ``that's all I know,'' without the government 
     being in a position to test that assertion by debriefings, 
     polygraph results, etc. In order to assist in this process, 
     the defendant should be required to provide any evidence he 
     can, in addition to information.
       Similarly, we are concerned that this relief mechanism not 
     be available to a defendant who has provided information 
     which is not truthful, or to a defendant who in providing 
     certain truthful information, nevertheless, also lies about 
     other aspects or details so as to mislead investigators or 
     obstruct the investigation.
       It also should be required that the information be timely. 
     Under the current language, a defendant who goes to trial and 
     is convicted, would presumably be able to stand up at 
     sentencing, tell the government what it has already proved, 
     and avoid the mandatory minimums under this escape provision.
       Accordingly, we seek amended language which would require 
     that the defendant must provide timely information, truthful 
     information, other evidence, and that the determination as to 
     whether a defendant has provided all this be by certification 
     by the government. Otherwise the sentencing court will be 
     inundated by litigation calling upon it to make 
     determinations it is not equipped to make.
       This is the natural complement to the existing 
     ``Substantial Assistance'' reduction mechanism currently 
     embodied under Section 3553(e) of Title 18, United States 
     Code. This provision has been responsibly applied by federal 
     prosecutors throughout the country.
       It reflects the recognition that the government is in the 
     best position to make such a determination, and provides the 
     incentive to the low-level defendant to work with the 
     government in working up the ladder to identify and target 
     higher-up drug traffickers. The current amendment properly 
     recognizes that there are simply those who are not able to 
     provide ``substantial assistance'' but who nevertheless have 
     done everything they can to assist.
       Simply put, society has a right to ask that a defendant 
     provide all that he knows. If what he knows constitutes 
     ``substantial assistance'' he will have already earned 
     relief. (18 U.S.C. 3553(e)) If it does not, and he meets the 
     other requirements of the currently proposed legislation, 
     then justice dictates that he receive a lesser sentence.
       The amended language which we have suggested (attached) 
     will assure that defendants continue to have an incentive to 
     cooperate with the United States by providing all truthful 
     information in a timely manner, while allowing those who, 
     through no fault of their own, are simply not in a position 
     to provide ``substantial assistance,'' an opportunity to 
     receive a sentence below current mandatory minimums.
       (f)(5) is hereby amended by striking:
       ``(5) no later than the time of the sentencing hearing, the 
     defendant has provided to the Government all information the 
     defendant has concerning the offense or offenses that were 
     part of the same course of conduct or of a common scheme or 
     plan. The fact that the defendant has no relevant or useful 
     other information to provide shall not preclude or require a 
     determination by the court that the defendant has complied 
     with this requirement.''
       and inserting:
       ``(5) the government certifies that the defendant has 
     timely and truthfully provided to the government all 
     information, and evidence that defendant has concerning the 
     offenses or offenses that were part of the same course of 
     conduct or of a common scheme or plan.''

  Mr. HATCH. As my colleagues know, I have also opposed wasteful social 
spending in the bill. Specifically, I have opposed the Local 
Partnership Act, the YES Program, and the Model Intensive Grants 
Programs, to just name a few. These three programs alone account for 
nearly $3.6 billion of pork-barrel programs in the crime bill, and they 
should be dropped.
  Ironically, I have not heard many defenders of the crime bill 
defending these pork feeding frenzies. Instead, my colleagues on the 
other side of the aisle have suggested that Republicans once supported 
similar programs in the past.
  The crime bill's Model Intensive Grants Program is an $895 million 
pork program for 15 cities handpicked by the administration. 
Republicans oppose it. My friend from Delaware has suggested that this 
program is similar to a measure Senator D'Amato and Senator Gorton 
supported. The measure he cites is a bill to provide emergency aid of 
up to $50 million to cities which the President declares to be major 
drug emergency areas. This was a 1991 bill. This was a bill Senator 
Biden introduced. Senators Gorton and D'Amato were only 2 of the bill's 
16 cosponsors. To suggest that limited Republican support for this 1991 
disaster areas bill somehow excuses the big-city ripoff of the model 
intensive grants is not just a stretch, it's an extraordinary leap. 
Such as argument illustrates the extreme lengths to which some will go 
to defend this crime bill.
  Senator Biden has suggested that since midnight basketball may have 
been one of President Bush's so-called points of light, we have to make 
a $50 million Federal program out of it. The fact of the matter is, the 
point-of-light concept was intended to encourage private sector 
involvement in crime prevention and education efforts. Indeed, midnight 
basketball programs are largely funded by the private sector. 
Supporters of midnight basketball say its a success and it has done so 
without huge Government handouts.
  Another reason Republicans oppose the crime bill is its soft truth-
in-sentencing provision. It has been suggested that the Republican 
conferees voted against tough truth-in-sentencing. True, the Senate 
Republican conferees did vote against the Biden prison amendment which 
incorporated a truth-in-sentencing amendment. But that was only after 
the Democrat conferees had rejected a tougher Republican prison 
proposal which contained truth-in-sentencing.
  We did not oppose the Biden prison amendment because of its truth-in-
sentencing provision--and my colleague from Delaware should know that. 
We opposed it because the amount it proposed for prison construction 
was inadequate. Furthermore, the amendment contained a reverter 
provision which required that the truth-in-sentencing grants be 
diverted into other programs if the money was not spent quickly.
  Mr. President, I ask unanimous consent that a copy of the Hatch 
prisons amendment, which all Senate Republican conferees supported, be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
             TITLE I--VIOLENT REPEAT OFFENDER INCARCERATION

     SEC. 101. PRISON GRANTS.

       (a) In General.--The Attorney General may provide formula 
     grants to eligible States and to eligible States organized as 
     regional compacts 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 
     and jails, 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) Federal Funds.--
       (1) Formula for distribution of funds.--Of the total amount 
     of funds appropriated under this section for each fiscal 
     year--
       (A) $500,000 or 0.40 percent, whichever is greater, shall 
     be allocated to each of the participating States; and
       (B) of the total funds remaining after the allocation under 
     subparagraph (A), there shall be allocated to each 
     participating State an amount that bears the same ratio to 
     the amount of remaining funds as the population of the State 
     bears to the population of all of the participating States.
       (2) Distribution of funds.--
       (A)General fund.--50 percent of the total amount of funds 
     appropriated under this section for each fiscal year shall be 
     allocated to each State (including a State that is 
     participating in a regional compact) that meets the 
     eligibility requirements of paragraph (3) according to the 
     formula stated in paragraph (1).
       (B) Incentive fund.--50 percent of the total amount of 
     funds appropriated shall be allocated under an incentive fund 
     to each State (including a State that is participating in a 
     regional compact) that meets the eligibility requirements of 
     paragraph (4) according to the formula stated in paragraph 
     (1).
       (3) Eligibility for general fund.--In order to be eligible 
     for a grant from the general fund under paragraph (2)(A), a 
     State or States organized as regional compacts shall submit 
     an application and give the Attorney General assurances that 
     each State applying--
       (A) will make a good faith effort to become eligible for a 
     grant under paragraph (5); and
       (B)(i)(I) since 1993 has increased the percentage of 
     convicted violent offenders sentenced to prison;
       (II) since 1993 has increased the average prison time 
     actually to be served in prison by convicted violent 
     offenders sentenced to prison; and
       (III) since 1993 has increased the percentage of sentence 
     to be actually served in prison by violent offenders 
     sentenced to prison; or
       (ii) in the case of a State that on the date of enactment 
     of this Act practices indeterminant sentencing, experiences 
     average times served for the offenses of murder, rape, 
     robbery, and assault in the State that exceed by at least 10 
     percent the national average of times served for such 
     offenses in all of the States.
       (4) Eligibility for incentive fund.--
       (A) In general.--In order to be eligible for a grant from 
     the incentive fund under paragraph (2)(B), a State or States 
     organized as regional compacts shall submit an application 
     and demonstrate that each State applying--
       (i) has in effect, or has enacted legislation that will 
     result in the State's having in effect within 3 years after 
     the date of enactment of such legislation, laws and 
     regulations that include--

       (I) truth-in-sentencing laws requiring that, except as 
     provided in subparagraph (B), a person 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;
       (II) pretrial detention similar to and at least as 
     restrictive as that provided in the Federal system under 
     section 3142 of title 18, United States Code;
       (III) laws requiring that the sentencing or releasing 
     authorities notify and allow the defendant's victims or the 
     family of victims the opportunity to be heard regarding the 
     issue of sentencing and any post-conviction release; and
       (IV) laws requiring that, except as provided in 
     subparagraph (B), a person who is convicted of a serious 
     violent felony shall be sentenced to life imprisonment if--

       (aa) the person has been convicted (and those convictions 
     have become final) on 2 or more prior occasions in a court of 
     the United States or of a State of a serious violent felony, 
     or of 1 or more serious violent felonies and 1 or more 
     serious drug offenses; and
       (bb) each serious violent felony or serious drug offense 
     used as a basis for sentencing under this subparagraph, other 
     than the first, was committed after the defendant's 
     conviction of the preceding serious violent felony or serious 
     drug offense; or
       (ii) in the case of a State that on the date of enactment 
     of this Act practices indeterminant sentencing, experiences 
     average times served for the offenses of murder, rape, 
     robbery, and assault in the State that exceed by at least 10 
     percent the national average of times served for such 
     offenses in all of the States and the State meets the 
     requirements of clause (i) (II) and (III).
       (v) laws prohibiting the consideration of an inmate's 
     residency status in determining release dates.
       (B) Release of older prisoners.--A law described in 
     subparagraph (A) (i) or (iii) 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.
       (5) Expedition of outlays.--All funds appropriated for the 
     purposes of this section shall be distributed by the Attorney 
     General within 180 days after the appropriation is made. The 
     Attorney General may not require States to expend distributed 
     funds as a condition of eligibility.
       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section $1,250,000,000 for fiscal year 1995, 
     $2,500,000,000 for fiscal year 1996, $3,750,000,000 for 
     fiscal year 1997, and $5,500,000,000 for fiscal year 1998.
       (2) Priority.--No funds for other purposes authorized by 
     this Act to be appropriated for purposes other than the 
     purposes of this section for fiscal years 1995, 1996, 1997, 
     1998, or 1999 shall be appropriated unless the programs under 
     this section are fully funded in those years.
       (3) Limitations on funds.--
       (A) 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.
       (B) Prohibited uses.--Funds made available under this 
     section shall not be used for treatment, education, or 
     recreation costs associated with convicted violent offenders.
       (C) Administrative costs.--Not more than 1 percent of the 
     funds available under this section may be used for 
     administrative costs.
       (D) Matching funds.--The Federal share of a grant received 
     under this section may not exceed 75 percent of the costs of 
     a proposal as described in an application approved under this 
     section.
       (E) Carryover of appropriations.--Any funds appropriated 
     but not expended as provided by this section during any 
     fiscal year shall be carried over and shall be made available 
     until expended.
       (d) Definitions.--
       (1) In general.--In this section--
       ``arson'', subject to paragraph (2), means an offense that 
     has as its elements maliciously damaged or destroying any 
     building, inhabited structure, vehicle, vessel, or real 
     property by means of fire or an explosive.
       ``assault with intent to commit rape'' means an offense 
     that has as its elements engaging in physical conduct by 
     which a person intentionally places another person in fear of 
     aggravated sexual abuse or sexual abuse (as described in 
     sections 2241 and 2242 of title 18, United States Code).
       ``extortion'' means an offense that has as its elements the 
     extraction of anything of value from another person by 
     threatening or placing that person in fear of injury to any 
     person or kidnapping of any person.
       ``firearms use'' means an offense that has as its elements 
     those described in section 924(c) or 929(a) of title 18, 
     United States Code, if the firearm was brandished, 
     discharged, or otherwise used as a weapon and the crime of 
     violence or drug trafficking crime during and in relation to 
     which the firearm was used was subject to prosecution in a 
     court of the United States or a court of a State, or both.
       ``indeterminate sentencing'' means a system by which the 
     court has discretion on imposing the actual length of the 
     sentence, up to the statutory maximum and an administrative 
     agency, generally the parole board, controls release between 
     court-ordered minimum and maximum sentence.
       ``kidnapping'' means an offense that has as its elements 
     the abduction, restraining, confining, or carrying away of 
     another person by force or threat of force.
       ``serious violent felony'' means--
       (i) a Federal or State offense, by any designation and 
     wherever it may be committed, consisting of murder (as 
     described in section 1111 of title 18, United States Code); 
     manslaughter other than involuntary manslaughter (as 
     described in section 1112 of that title); assault with intent 
     to commit murder (as described in section 113(a) of that 
     title); assault with intent to commit rape; aggravated sexual 
     abuse and sexual abuse (as described in sections 2241 and 
     2242 of that title); abusive sexual contact (as described in 
     sections 2244(a)(1) and 2244(a)(2) of that title); 
     kidnapping; aircraft piracy (as described in section 
     902(i)(2) or 902(n)(2) of the Federal Aviation Act of 1958 
     (49 U.S.C. 1472(i)(2) or (n)(2)); robbery (as described in 
     section 2111, 2113, or 2118 of title 18, United States Code), 
     subject to paragraph (2); carjacking (as described in section 
     2119 of that title); extortion; arson, subject to paragraph 
     (3); firearms use; or attempt, conspiracy, or solicitation to 
     commit any of the offenses described in this subparagraph; 
     and
       (ii) any other offense punishable by a maximum term of 
     imprisonment of 10 years or more that has as an element the 
     use, attempted use, or threatened use of physical force 
     against the person of another or that, by its nature, 
     involves a substantial risk that physical force against the 
     person of another may be used in the course of committing the 
     offense.

       ``serious drug offense'' means--
       (A) an offense subject to a penalty provided for in section 
     401(b)(1)(A) or 408 of the Controlled Substances Act or 
     section 1010(b)(1)(A) of the Controlled Substances Import and 
     Export Act; and
       (B) an offense under State law that, had the offense been 
     prosecuted in a court of the United States, would have been 
     subject to a penalty provided for in section 401(b)(1)(A) or 
     408 of the Controlled Substances Act or section 1010(b)(1)(A) 
     of the Controlled Substances Import and Export Act.
       ``State'' means a State, the District of Columbia, or any 
     commonwealth, territory, or possession of the United States.
       (2) Offenses not counted in certain circumstances.--
       (A) Robbery and other serious violent offenses.--A case of 
     robbery or an attempt, conspiracy, or solicitation to commit 
     robbery, or an offense described in clause (ii) of the 
     definition of ``serious violent penalty'' in paragraph (1) 
     shall not be counted for the purposes of this section if the 
     defendant establishes by clear and convincing evidence that--
       (i) no firearm or other dangerous weapon was involved in 
     the offense and no threat of use of a firearm or other 
     dangerous weapon was involved in the offense; and
       (ii) the offense did not result in death or serious bodily 
     injury (as defined in section 1365) to any person.
       (B) Arson.--A case of arson shall not be counted for the 
     purposes of this section if the defendant establishes by 
     clear and convincing evidence that--
       (i) the offense posed no threat to human life; and
       (ii) the defendant reasonably believed that the offense 
     posed no threat to human life.

  Mr. HATCH. Mr. President, many Republicans have raised concerns about 
the crime bill's rejection of the community notification provision of 
the child predator language. It has been suggested by supporters of the 
crime bill that the community notification provision is in the crime 
bill. That simply is not the case.
  The Senate-passed crime bill allowed local law enforcement agencies 
to release to the public the identity of convicted sex offenders living 
in our neighborhoods. It also granted law enforcement limited immunity 
when they chose to notify a community. The crime bill conference 
report, on the other hand, protects the privacy of registered sex 
offenders and child molesters. Information collected under the 
conference report ``shall be treated as private data.'' The information 
may be released only for law enforcement purposes and to ``notify the 
victims of the offender.'' That is found on page 283 of the conference 
report. Could somebody please tell me how this permits community 
notification? Who is kidding who.
  I ask unanimous consent that the relevant Senate-passed language and 
the conference report language be printed in the Record at this point.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

              Excerpt From Senate Amendment to Crime Bill

       (c) Community Notification.--The designated State law 
     enforcement agency may release relevant information that is 
     necessary to protect the public concerning a specific 
     sexually violent predator required to register under this 
     section.
       (d) Immunity for Good Faith Conduct.--Law enforcement 
     agencies, employees of law enforcement agencies, and State 
     officials shall be immune from liability for any good faith 
     conduct under this section.
                                  ____


              Excerpt From Conference Report on Crime Bill

       (5) Privacy of data.--The information collected under a 
     State registration program shall be treated as private data 
     on individuals and may be disclosed only to law enforcement 
     agencies for law enforcement purposes or to government 
     agencies conducting confidential background checks with 
     fingerprints. A law enforcement agency may release relevant 
     information concerning a sex offender required to register 
     under this section when such release of information is 
     necessary to carry out law enforcement purposes or to notify 
     the victims of the offender.

  Mr. HATCH. Mr. President, another concern of ours has been the crime 
bill's failure to include the Simpson criminal alien deportation 
provisions which passed the Senate. Here again, Democrats have 
suggested that the crime bill contains these provisions. Once again, 
that is not accurate. The crime bill does contain some enhanced 
penalties for failure to depart, of for reentry, by criminal aliens. 
Yet, several major criminal alien deportation reforms were dropped 
including a judicial deportation provision, an expanded definition of 
aggravated felony, and restrictions on certain deportation defenses 
where certain crimes have been committed.
  I ask unanimous consent that the relevant conference report language 
and a copy of the Simpson language be printed in the Record at this 
point.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

        Simpson Criminal Alien Amendment Rejected in Conference

           TITLE L--DEPORTATION OF ALIENS CONVICTED OF CRIMES

     SEC. 5001. EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

       (a) Expansion of Definition.--Section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended to read as follows:
       ``(43) The term `aggravated felony' means--
       ``(A) murder;
       ``(B) illicit trafficking in a controlled substance (as 
     defined in section 102 of the Controlled Substances Act), 
     including a drug trafficking crime (as defined in section 
     924(c) of title 18, United States Code);
       ``(C) illicit trafficking in firearms or destructive 
     devices (as defined in section 921 of title 18, United States 
     Code) or in explosive materials (as defined in section 841(c) 
     of that title);
       ``(D) an offense described in section 1956 of title 18, 
     United States Code (relating to laundering of monetary 
     instruments) or section 1957 of that title (relating to 
     engaging in monetary transactions in property derived from 
     specific unlawful activity) if the amount of the funds 
     exceeded $100,000;
       ``(E) an offense described in--
       ``(i) section 842 (h) or (i) of title 18, United States 
     Code, or section 844 (d), (e), (f), (g), (h), or (i) of that 
     title (relating to explosive materials offenses);
       ``(ii) section 922(g) (1), (2), (3), (4), or (5), (j), (n), 
     (o), (p), or (r) or 924 (b) or (h) of title 18, United States 
     Code (relating to firearms offenses); or
       ``(iii) section 5861 of the Internal Revenue Code of 1986 
     (relating to firearms offenses);
       ``(F) a crime of violence (as defined in section 16 of 
     title 18, United States Code, but not including a purely 
     political offense) for which the term of imprisonment imposed 
     (regardless of any suspension of imprisonment) is at least 5 
     years;
       ``(G) a theft offense (including receipt of stolen 
     property) or budgetary offense for which the term of 
     imprisonment imposed (regardless of any suspension of such 
     imprisonment) is at least 33 months;
       ``(H) an offense described in section 875, 876, 877, or 
     1202 of title 18, United States Code (relating to the demand 
     for or receipt of ransom);
       ``(I) an offense described in section 2251, 2251A, or 2252 
     of title 18, United States Code (relating to child 
     pornography);
       ``(J) an offense described in section 1962 of title 18, 
     United States Code (relating to racketeer influenced corrupt 
     organizations) for which a sentence of 5 years' imprisonment 
     or more may be imposed;
       ``(K) an offense that--
       ``(i) relates to the owning, controlling, managing, or 
     supervising of a prostitution business; or
       ``(ii) is described in section 1581, 1582, 1583, 1584, 
     1585, or 1588, of title 18, United States Code (relating to 
     peonage, slavery, and involuntary servitude);
       ``(L) an offense relating to perjury or subornation of 
     perjury if the offense involved causing or threatening to 
     cause physical injury to a person or damage to property;
       ``(M) an offense described in--
       ``(i) section 793 (relating to gathering or transmitting 
     national defense information), 798 (relating to disclosure of 
     classified information), 2153 (relating to sabotage) or 2381 
     or 2382 (relating to treason) of title 18, United States 
     Code; or
       ``(ii) section 601 of the National Security Act of 1947 (50 
     U.S.C. 421) (relating to protecting the identity of 
     undercover intelligence agents);
       ``(N) an offense that--
       ``(i) involves fraud or deceit in which the loss to the 
     victim or victims exceeds $200,000; or
       ``(ii) is described in section 7201 of the Internal Revenue 
     Code of 1986 (relating to tax evasion) in which the revenue 
     loss to the Government exceeds $200,000;
       ``(O) an offense described in section 274(a)(1) of title 
     18, United States Code (relating to alien smuggling) for the 
     purpose of commercial advantage;
       ``(P) an offense described in section 1546(a) of title 18, 
     United States Code (relating to document fraud) which 
     constitutes trafficking in the documents described in such 
     section;
       ``(Q) an offense relating to a failure to appear by a 
     defendant for service of sentence if the underlying offense 
     is punishable by imprisonment for a term of 15 years or more; 
     and
       ``(R) an attempt or conspiracy to commit an offense 
     described in this paragraph.

     The term applies to an offense described in this paragraph 
     whether in violation of Federal or State law and applies to 
     such an offense in violation of the law of a foreign country 
     for which the term of imprisonment was completed within the 
     previous 15 years.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to convictions entered on or after the date of 
     enactment of this Act.

     SEC. 5002. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS 
                   WHO ARE NOT PERMANENT RESIDENTS.

       (a) Elimination of Administrative Hearing for Certain 
     Criminal Aliens.--Section 242A of the Immigration and 
     Nationality Act (8 U.S.C. 1252a) is amended by adding at the 
     end the following new subsection:
       ``(f) Deportation of Aliens Who Are Not Permanent 
     Residents.--
       ``(1) Notwithstanding section 242, and subject to paragraph 
     (5), the Attorney General may issue a final order of 
     deportation against any alien described in paragraph (2) whom 
     the Attorney General determines to be deportable under 
     section 241(a)(2)(A)(iii) (relating to conviction of an 
     aggravated felony).
       ``(2) An alien is described in this paragraph if the 
     alien--
       ``(A) was not lawfully admitted for permanent residence at 
     the time that proceedings under this section commenced, or
       ``(B) had permanent resident status on a conditional basis 
     (as described in section 216 or 216A) at the time that 
     proceedings under this section commenced.
       ``(3) No alien described in this section shall be eligible 
     for any relief from deportation that the Attorney General may 
     grant in his discretion.
       ``(4) The Attorney General may not execute any order 
     described in paragraph (1) until 14 calendar days have passed 
     from the date that such order was issued, unless waived by 
     the alien, in order that the alien has an opportunity to 
     apply for judicial review under section 106.
       ``(5) Pending a determination of deportability under this 
     section, the Attorney General shall not release the alien. An 
     order of deportation entered pursuant to this section shall 
     be executed by the Attorney General in accordance with 
     section 243. Proceedings before the Attorney General under 
     this section shall be in accordance with such regulations as 
     the Attorney General shall prescribe and shall include 
     requirements that provide that--
       ``(A) the alien is given reasonable notice of the charges;
       ``(B) the alien has an opportunity to have assistance of 
     counsel at no expense to the government and in a manner that 
     does not unduly delay the proceedings;
       ``(C) the alien has a reasonable opportunity to inspect the 
     evidence and rebut the charges;
       ``(D) the determination of deportability is supported by 
     reasonable, substantial, and probative evidence; and
       ``(E) the final order of deportation is not adjudicated by 
     the same person who issued such order.''.
       (b) Limited Judicial Review.--Section 106 of the 
     Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
       (1) in the first sentence of subsection (a), by inserting 
     ``or pursuant to section 242A'' after ``under section 
     242(b)'';
       (2) in subsection (a)(1) and subsection (a)(3), by 
     inserting ``(including an alien described in section 242A)'' 
     after ``aggravated felony''; and
       (3) by adding at the end the following new subsection:
       ``(d) Notwithstanding subsection (c), a petition for review 
     or for habeas corpus on behalf of an alien described in 
     section 242A(c) may only challenge whether the alien is in 
     fact an alien described in such section, and no court shall 
     have jurisdiction to review any other issue.''.
       (c) Technical Amendments.--Section 242A of the Immigration 
     and Nationality Act (8 U.S.C. 1252a) is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) In General.--'' and inserting the 
     following:
       ``(b) Deportation of Permanent Resident Aliens.--
       ``(1) in general.--''; and
       (B) by inserting in the first sentence ``permanent 
     resident'' after ``correctional facilities for'';
       (2) in subsection (b)--
       (A) by striking ``(b) Implementation.--'' and inserting 
     ``(2) implementation.--''; and
       (B) by striking ``respect to an'' and inserting ``respect 
     to a permanent resident'';
       (3) by striking subsection (c);
       (4) in subsection (d)--
       (A) by striking ``(d) Expedited Proceedings.--(1)'' and 
     inserting ``(3) expedited proceedings.--(A)'';
       (B) by inserting ``permanent resident'' after ``in the case 
     of any''; and
       (C) by striking ``(2)'' and inserting ``(B)'';
       (5) in subsection (e)--
       (A) by striking ``(e) Review.--(1)'' and inserting ``(4) 
     review.--(A)'';
       (B) by striking the second sentence; and
       (C) by striking ``(2)'' and inserting ``(B)'';
       (6) by redesignating subsection (f), as added by subsection 
     (a) of this section, as subsection (c);
       (7) by inserting after the section heading the following 
     new subsection:
       ``(a) Presumption of Deportability.--An alien convicted of 
     an aggravated felony shall be deportable from the United 
     States.''; and
       (8) by amending the section heading to read as follows:


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

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

     SEC. 5003. JUDICIAL DEPORTATION.

       (a) Judicial Deportation.--Section 242A of the Immigration 
     and Nationality Act (8 U.S.C. 1252a) is amended by adding at 
     the end the following new subsection:
       ``(d) Judicial Deportation.--
       ``(1) Authority.--Notwithstanding any other provision of 
     this Act, a United States district court shall have 
     jurisdiction to enter a judicial order of deportation at the 
     time of sentencing against an alien whose criminal conviction 
     causes such alien to be deportable under section 
     241(a)(2)(A)(iii) (relating to conviction of an aggravated 
     felony), if such an order has been requested prior to 
     sentencing by the United States Attorney with the concurrence 
     of the Commissioner.
       ``(2) Procedure.--
       ``(A) The United States Attorney shall provide notice of 
     intent to request judicial deportation promptly after the 
     entry in the record of an adjudication of guilt or guilty 
     plea. Such notice shall be provided to the court, to the 
     Service, to the alien, and to the alien's counsel of record.
       ``(B) Notwithstanding section 242B, the United States 
     Attorney, with the concurrence of the Commissioner, shall 
     file at least 20 days prior to the date set for sentencing a 
     charge containing factual allegations regarding the alienage 
     of the defendant and satisfaction by the defendant of the 
     definition of aggravated felony.
       ``(C) If the court determines that the defendant has 
     presented substantial evidence to establish prima facie 
     eligibility for relief from deportation under section 212(c), 
     the Commissioner shall provide the court with a 
     recommendation and report regarding the alien's eligibility 
     for relief under such section. The court shall either grant 
     or deny the relief sought.
       ``(D)(i) The alien shall have a reasonable opportunity to 
     examine the evidence against him or her, to present evidence 
     on his or her own behalf, and to cross-examine witnesses 
     presented by the Government.
       ``(ii) The court, for the purposes of determining whether 
     to enter an order described in paragraph (1), shall only 
     consider evidence that would be admissible in proceedings 
     conducted pursuant to section 242(b).
       ``(iii) Nothing in this subsection shall limit the 
     information a court of the United States may receive or 
     consider for the purposes of imposing an appropriate 
     sentence.
       ``(iv) The court may order the alien deported if the 
     Attorney General demonstrates by clear and convincing 
     evidence that the alien is deportable under this Act.
       ``(3) Notice, appeal, and execution of judicial order of 
     deportation.--
       ``(A)(i) A judicial order of deportation or denial of such 
     order may be appealed by either party to the court of appeals 
     for the circuit in which the district court is located.
       ``(ii) Except as provided in clause (iii), such appeal 
     shall be considered consistent with the requirements 
     described in section 106.
       ``(iii) Upon execution by the defendant of a valid waiver 
     of the right to appeal the conviction on which the order of 
     deportation is based, the expiration of the period described 
     in section 106(a)(1), or the final dismissal of an appeal 
     from such conviction, the order of deportation shall become 
     final and shall be executed at the end of the prison term in 
     accordance with the terms of the order. If the conviction is 
     reversed on direct appeal, the order entered pursuant to this 
     section shall be void.
       ``(B) As soon as is practicable after entry of a judicial 
     order of deportation, the Commissioner shall provide the 
     defendant with written notice of the order or deportation, 
     which shall designate the defendant's country of choice for 
     deportation and any alternate country pursuant to section 
     243(a).
       ``(4) Denial of judicial order.--Denial of a request for a 
     judicial order of deportation shall not preclude the Attorney 
     General from initiating deportation proceedings pursuant to 
     section 242 upon the same ground of deportability or upon any 
     other ground of deportability provided under section 
     241(a).''.
       (b) Technical Amendment.--The ninth sentence of section 
     242(b) of the Immigration and Nationality Act (8 U.S.C. 
     1252(b)) is amended by striking ``The'' and inserting 
     ``Except as provided in section 242A(d), the''.
       (c) Rule of Construction.--Nothing in this section may be 
     construed to alter the privilege of being represented at no 
     expense to the Government set forth in section 292 of the 
     Immigration and Nationality Act.
       (d) Effective Date.--The amendments made by this section 
     shall apply to all aliens whose adjudication of guilt or 
     guilty plea is entered in the record after the date of 
     enactment of this Act.

     SEC. 5004. 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. For 
     purposes of this section, the term `sentence' does not 
     include a sentence the execution of which was suspended in 
     its entirety.''.
       (b) Defenses Based on Withholding of Deportation.--Section 
     243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1253(h)(2)) is amended--
       (1) by striking the final sentence and inserting the 
     following new subparagraph:
       ``(E) the alien has been convicted of an aggravated 
     felony.''; and
       (2) by striking ``or'' at the end of subparagraph (C) and 
     inserting ``or'' at the end of subparagraph (D).

     SEC. 5005. ENHANCING PENALTIES FOR FAILING TO DEPART, OR 
                   REENTERING, AFTER FINAL ORDER OF DEPORTATION.

       (a) Failure To Depart.--Section 242(e) of the Immigration 
     and Nationality Act (8 U.S.C. 1252(e)) is amended--
       (1) by striking ``paragraph (2), (3), or 4 of'' the first 
     time it appears; and
       (2) by striking ``shall be imprisoned not more than ten 
     years'' and inserting ``shall be imprisoned not more than 
     four years, or shall be imprisoned not more than ten years if 
     the alien is a member of any of the classes described in 
     paragraph (1)(E), (2), (3), or (4) of section 241(a).''.
       (b) Reentry.--Section 276(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1326(b)) is amended--
       (1) in paragraph (1)--
       (A) by inserting after ``commission of'' the following: 
     ``three or more misdemeanors involving drugs, crimes against 
     the person, or both, or''; and
       (B) by striking ``5'' and inserting ``10'';
       (2) in paragraph (2), by striking ``15'' and inserting 
     ``20''; and
       (3) by adding at the end the following sentence:

     ``For the purposes of this subsection, the term `deportation' 
     includes any agreement in which an alien stipulates to 
     deportation during a criminal trial under either Federal or 
     State law.''.
       (c) Collateral Attacks on Underlying Deportation Order.--
     Section 276 of the Immigration and Nationality Act (8 U.S.C. 
     1326) is amended by adding after subsection (b) 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.''.

     SEC. 5006. MISCELLANEOUS AND TECHNICAL CHANGES.

       (a) Form of Deportation Hearings.--The second sentence of 
     section 242(b) of the Immigration and Nationality Act (8 
     U.S.C. 1252(b)) is amended by inserting before the period the 
     following: ``; except that nothing in this subsection shall 
     preclude the Attorney General from authorizing proceedings by 
     electronic or telephonic media, in the discretion of the 
     special inquiry officer, or, where waived or agreed to by the 
     parties, in the absence of the alien.''.
       (b) Construction of Expedited Deportation Requirements.--No 
     amendment made by this Act and nothing in section 242(i) of 
     the Immigration and Nationality Act (8 U.S.C. 1252(i)) 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.

     SEC. 5007. CRIMINAL ALIEN TRACKING CENTER.

       (a) Operation.--The Attorney General 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.
       (b) Purpose.--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.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $2,000,000 for 
     fiscal year 1994 and $6,000,000 for each of fiscal years 
     1995, 1996, 1997, and 1998.
                                  ____


                Senate-Passed Criminal Alien Deportation

           TITLE L--DEPORTATION OF ALIENS CONVICTED OF CRIMES

     SEC. 5001. EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

       (a) Expansion of Definition.--Section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended to read as follows:
       ``(43) The term `aggravated felony' means--
       ``(A) murder;
       ``(B) illicit trafficking in a controlled substance (as 
     defined in section 102 of the Controlled Substances Act), 
     including a drug trafficking crime (as defined in section 
     924(c) of title 18, United States Code);
       ``(C) illicit trafficking in firearms or destructive 
     devices (as defined in section 921 of title 18, United States 
     Code) or in explosive materials (as defined in section 841(c) 
     of that title);
       ``(D) an offense described in section 1956 of title 18, 
     United States Code (relating to laundering of monetary 
     instruments) or section 1957 of that title (relating to 
     engaging in monetary transactions in property derived from 
     specific unlawful activity) if the amount of the funds 
     exceeded $100,000;
       ``(E) an offense described in--
       ``(i) section 842 (h) or (i) of title 18, United States 
     Code, or section 844 (d), (e), (f), (g), (h), or (i) of that 
     title (relating to explosive materials offenses);
       ``(ii) section 922(g) (1), (2), (3), (4), or (5), (j), (n), 
     (o), (p), or (r) or 924 (b) or (h) of title 18, United States 
     Code (relating to firearms offenses); or
       ``(iii) section 5861 of the Internal Revenue Code of 1986 
     (relating to firearms offenses);
       ``(F) a crime of violence (as defined in section 16 of 
     title 18, United States Code, but not including a purely 
     political offense) for which the term of imprisonment imposed 
     (regardless of any suspension of imprisonment) is at least 5 
     years;
       ``(G) a theft offense (including receipt of stolen 
     property) or budgetary offense for which a sentence of 5 
     years' imprisonment or more may be imposed;
       ``(H) an offense described in section 875, 876, 877, or 
     1202 of title 18, United States Code (relating to the demand 
     for or receipt of ransom);
       ``(I) an offense described in section 2251, 2251A, or 2252 
     of title 18, United States Code (relating to child 
     pornography);
       ``(J) an offense described in--
       ``(i) section 1962 of title 18, United States Code 
     (relating to racketeer influenced corrupt organizations); or
       ``(ii) section 1084 (if it is a second or subsequent 
     offense) or 1955 of that title (relating to gambling 
     offenses),
     for which a sentence of 5 years' imprisonment or more may be 
     imposed;
       ``(K) 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;
       ``(L) an offense that--
       ``(i) relates to the owning, controlling, managing or 
     supervising of a prostitution business;
       ``(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
       ``(iii) is described in section 1581, 1582, 1583, 1584, 
     1585, or 1588, of title 18, United States Code (relating to 
     peonage, slavery, and involuntary servitude);
       ``(M) an offense relating to perjury or subornation of 
     perjury for which a sentence of 5 years' imprisonment or more 
     may be imposed;
       ``(N) an offense described in--
       ``(i) section 793 (relating to gathering or transmitting 
     national defense information), 798 (relating to disclosure of 
     classified information), 2153 (relating to sabotage) or 2381 
     or 2382 (relating to treason) of title 18, United States 
     Code; or
       ``(ii) section 601 of the National Security Act of 1947 (50 
     U.S.C. 421) (relating to protecting the identity of 
     undercover intelligence agents);
       ``(O) an offense that--
       ``(i) involves fraud or deceit in which the loss to the 
     victim or victims exceeds $200,000; or
       ``(ii) is described in section 7201 of the Internal Revenue 
     Code of 1986 (relating to tax evasion) in which the revenue 
     loss to the Government exceeds $200,000;
       ``(P) an offense described in section 274(a)(1) of title 
     18, United States Code (relating to alien smuggling) for the 
     purpose of commercial advantage;
       ``(Q) an offense described in section 1546(a) of title 18, 
     United States Code (relating to document fraud), for the 
     purpose of commercial advantage;
       ``(R) 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; and
       ``(S) an attempt or conspiracy to commit an offense 
     described in this paragraph.

     The term applies to an offense described in this paragraph 
     whether in violation of Federal or State law and applies to 
     such an offense in violation of the law of a foreign country 
     for which the term of imprisonment was completed within the 
     previous 15 years.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to convictions entered on or after the date of 
     enactment of this Act.

     SEC. 5002. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS 
                   WHO ARE NOT PERMANENT RESIDENTS.

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


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

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

     SEC. 5003. JUDICIAL DEPORTATION.

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

     SEC. 5004. 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 the Immigration and Nationality Act (8 U.S.C. 
     1253(h)(2)) is amended--
       (1) by striking the final sentence and inserting the 
     following new subparagraph:
       ``(E) the alien has been convicted of an aggravated 
     felony.''; and
       (2) by striking ``or'' at the end of subparagraph (C) and 
     inserting ``or'' at the end of subparagraph (D).

     SEC. 5005. ENHANCING PENALTIES FOR FAILING TO DEPART, OR 
                   REENTERING, AFTER FINAL ORDER OF DEPORTATION.

       (a) Failure To Depart.--Section 242(e) of the Immigration 
     and Nationality Act (8 U.S.C. 1252(e)) is amended--
       (1) by striking ``paragraph (2), (3), or 4 of'' the first 
     time it appears; and
       (2) by striking ``shall be imprisoned not more than ten 
     years'' and inserting ``shall be imprisoned not more than 
     four years, or shall be imprisoned not more than ten years if 
     the alien is a member of any of the classes described in 
     paragraph (1)(E), (2), (3), or (4) of section 241(a).''.
       (b) Reentry.--Section 276(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1326(b)) is amended--
       (1) in paragraph (1)--
       (A) by inserting after ``commission of'' the following: 
     ``three or more misdemeanors invoving drugs, crimes against 
     the person, or both, or''; and
       (B) by striking ``5'' and inserting ``10'';
       (2) in paragraph (2), by striking ``15'' and inserting 
     ``20''; and
       (3) by adding at the end the following sentence:

     ``For the purposes of this subsection, the term `deportation' 
     includes any agreement in which an alien stipulates to 
     deportation during a criminal trial under either Federal or 
     State law.''.
       (c) Collateral Attacks on Underlying Deportation Order.--
     Section 276 of the Immigration and Nationality Act (8 U.S.C. 
     1326) is amended by adding after subsection (b) 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.''.

     SEC. 5006. MISCELLANEOUS AND TECHNICAL CHANGES.

       (a) Form of Deportation Hearings.--The second sentence of 
     section 242(b) of the Immigration and Nationality Act (8 
     U.S.C. 1252(b)) is amended by inserting before the period the 
     following: ``; except that nothing in this subsection shall 
     preclude the Attorney General from authorizing proceedings by 
     electronic or telephonic media (with the consent of the 
     alien) or, where waived or agreed to by the parties, in the 
     absence of the alien.''.
       (b) Construction of Expedited Deportation Requirements.-- 
     No amendment made by this Act and nothing in section 242(i) 
     of the Immigration and Nationality Act (8 U.S.C. 1252(i)) 
     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.

     SEC. 5007. CRIMINAL ALIEN TRACKING CENTER.

       (a) Operation.--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.
       (b) Purpose.--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.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $5,000,000 for 
     fiscal year 1994 and $2,000,000 for each of fiscal years 
     1995, 1996, 1997, and 1998.
                      TITLE LI--GENERAL PROVISIONS

     SEC. 5101. CREDITING OF ``GOOD TIME''.

       Section 3624 of title 18, United States Code, is amended--
       (1) by striking ``he'' each place it appears and inserting 
     ``the prisoner'';
       (2) by striking ``his'' each place it appears and inserting 
     ``the prisoner's'';
       (3) in subsection (d) by striking ``him'' and inserting 
     ``the prisoner''; and
                                  ____


                           Conference Report

        TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

     SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART, 
                   OR REENTERING, AFTER FINAL ORDER OF 
                   DEPORTATION.

       (a) Failure To Depart.--Section 242(e) of the Immigration 
     and Nationality Act (8 U.S.C. 1252(e)) is amended--
       (1) by striking ``paragraph (2), (3), or (4) of'' the first 
     time it appears; and
       (2) by striking ``shall be imprisoned not more than ten 
     years'' and inserting ``shall be imprisoned not more than 
     four years, or shall be imprisoned not more than ten years if 
     the alien is a member of any of the classes described in 
     paragraph (1)(E), (2), (3), or (4) of section 241(a).''.
       (b) Reentry.--Section 276(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1326(b)) is amended--
       (1) in paragraph (1)--
       (A) by inserting after ``commission of'' the following: 
     ``three or more misdemeanors involving drugs, crimes against 
     the person, or both, or''; and
       (B) by striking ``5'' and inserting ``10'';
       (2) in paragraph (2), by striking ``15'' and inserting 
     ``20''; and
       (3) by adding at the end the following sentence:

     ``For the purposes of this subsection, the term `deportation' 
     includes any agreement in which an alien stipulates to 
     deportation during a criminal trial under either Federal or 
     State law.''.

     SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.

       (a) Operation.--The Attorney General 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.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $3,400,000 for fiscal year 1996;
       (2) $3,600,000 for fiscal year 1997;
       (3) $3,700,000 for fiscal year 1998;
       (4) $3,800,000 for fiscal year 1999; and
       (5) $3,900,000 for fiscal year 2000.

                           *   *   *   *   *

       (b) Conditions of Entry.--
       (1) Waiver of grounds for exclusion.--Section 212(d) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended 
     by inserting at the beginning the following new paragraph:
       ``(1) The Attorney General shall determine whether a ground 
     for exclusion exists with respect to a nonimmigrant described 
     in section 101(a)(15)(S). The Attorney General, in the 
     Attorney General's discretion, may waive the application of 
     subsection (a) (other than paragraph (3)(E)) in the case of a 
     nonimmigrant described in section 101(a)(15)(S), if the 
     Attorney General considers it to be in the national interest 
     to do so. Nothing in this section shall be regarded as 
     prohibiting the Immigration and Naturalization Service from 
     instituting deportation proceedings against an alien admitted 
     as a nonimmigrant under section 101(a)(15)(S) for conduct 
     committed after the alien's admission into the United States, 
     or for conduct or a condition that was not disclosed to the 
     Attorney General prior to the alien's admission as a 
     nonimmigrant under section 101(a)(15)(S).''.
       (2) Numerical limitations; period of admission; etc.--
     Section 214 of the Immigration and Nationality Act (8 U.S.C. 
     1184) is amended by adding at the end the following new 
     subsection:
       ``(j)(1) The number of aliens who may be provided a visa as 
     nonimmigrants under section 101(a)(15)(S)(i) in any fiscal 
     year may not exceed 100. The number of aliens who may be 
     provided a visa as nonimmigrants under section 
     101(a)(15)(S)(ii) in any fiscal year may not exceed 25.
       ``(2) No alien may be admitted into the United States as 
     such a nonimmigrant more than 5 years after the date of the 
     enactment of this subsection.
       ``(3) The period of admission of an alien as such a 
     nonimmigrant may not exceed 3 years. Such period may not be 
     extended by the Attorney General.
       ``(4) As a condition for the admission, and continued stay 
     in lawful status, of such a nonimmigrant, the nonimmigrant--
       ``(A) shall report not less often than quarterly to the 
     Attorney General such information concerning the alien's 
     whereabouts and activities as the Attorney General may 
     require;
       ``(B) may not be convicted of any criminal offense 
     punishable by a term of imprisonment of 1 year or more after 
     the date of such admission;
       ``(C) must have executed a form that waives the 
     nonimmigrant's right to contest, other than on the basis of 
     an application for withholding of deportation, any action for 
     deportation of the alien instituted before the alien obtains 
     lawful permanent resident status; and
       ``(D) shall abide by any other condition, limitation, or 
     restriction imposed by the Attorney General.
       ``(5) The Attorney General shall submit a report annually 
     to the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate concerning--
       ``(A) the number of such nonimmigrants admitted;
       ``(B) the number of successful criminal prosecutions or 
     investigations resulting from cooperation of such aliens;
       ``(C) the number of terrorist acts prevented or frustrated 
     resulting from cooperation of such aliens;
       ``(D) the number of such nonimmigrants whose admission or 
     cooperation has not resulted in successful criminal 
     prosecution or investigation or the prevention or frustration 
     of a terrorist act; and
       ``(E) the number of such nonimmigrants who have failed to 
     report quarterly (as required under paragraph (4)) or who 
     have been convicted of crimes in the United States after the 
     date of their admission as such a nonimmigrant.''.
       (3) Prohibition of change of status.--Section 248(1) of the 
     Immigration and Naturalization Act (8 U.S.C. 1258(1)) is 
     amended by striking ``or (K)'' and inserting ``(K), or (S)''.
       (c) Adjustment to Permanent Resident Status.--
       (1) In general.--Section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255) is amended by adding at the 
     end the following new subsection:
       ``(i)(1) If, in the opinion of the Attorney General--
       ``(A) a nonimmigrant admitted into the United States under 
     section 101(a)(15)(S)(i) has supplied information described 
     in subclause (I) of such section; and
       ``(B) the provision of such information has substantially 
     contributed to the success of an authorized criminal 
     investigation or the prosecution of an individual described 
     in subclause (III) of that section,

     the Attorney General may adjust the status of the alien (and 
     the spouse, married and unmarried sons and daughters, and 
     parents of the alien if admitted under that section) to that 
     of an alien lawfully admitted for permanent residence if the 
     alien is not described in section 212(a)(3)(E).
       ``(2) If, in the sole discretion of the Attorney General--
       ``(A) a nonimmigrant admitted into the United States under 
     section 101(a)(15)(S)(ii) has supplied information described 
     in subclause (I) of such section, and
       ``(B) the provision of such information has substantially 
     contributed to--
       ``(i) the prevention or frustration of an act of terrorism 
     against a United States person or United States property, or
       ``(ii) the success of an authorized criminal investigation 
     of, or the prosecution of, an individual involved in such an 
     act of terrorism, and
       ``(C) the nonimmigrant has received a reward under section 
     36(a) of the State Department Basic Authorities Act of 1956,

     the Attorney General may adjust the status of the alien (and 
     the spouse, married and unmarried sons and daughters, and 
     parents of the alien if admitted under such section) to that 
     of an alien lawfully admitted for permanent residence if the 
     alien is not described in section 212(a)(3)(E).
       ``(3) Upon the approval of adjustment of status under 
     paragraphs (1) or (2), the Attorney General shall record the 
     alien's lawful admission for permanent residence as of the 
     date of such approval and the Secretary of State shall reduce 
     by one the number of visas authorized to be issued under 
     sections 201(d) and 203(b)(4) for the fiscal year then 
     current.''.
       (2) Exclusive means of adjustment.--Section 245(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended 
     by striking ``or'' before ``(4)'' and by inserting before the 
     period at the end the following: ``; or (5) an alien who was 
     admitted as a nonimmigrant described in section 
     101(a)(15)(S)''.
       (d) Extension of Period of Deportation for Conviction of a 
     Crime.--Section 241(a)(2)(A)(i)(I) of the Immigration and 
     Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by 
     inserting ``(or 10 years in the case of an alien provided 
     lawful permanent resident status under section 245(i))'' 
     after ``five years''.

     SEC. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL 
                   ALIENS WHO ARE NOT PERMANENT RESIDENTS.

       (a) Elimination of Administrative Hearing for Certain 
     Criminal Aliens.--Section 242A of the Immigration and 
     Nationality Act (8 U.S.C. 1252a) is amended by adding at the 
     end the following new subsection:
       ``(b) Deportation of Aliens Who Are Not Permanent 
     Residents.--
       ``(1) The Attorney General may, in the case of an alien 
     described in paragraph (2), determine the deportability of 
     such alien under section 241(a)(2)(A)(iii) (relating to 
     conviction of an aggravated felony) and issue an order of 
     deportation pursuant to the procedures set forth in this 
     subsection or section 242(b).
       ``(2) An alien is described in this paragraph if the 
     alien--
       ``(A) was not lawfully admitted for permanent residence at 
     the time at which proceedings under this section commenced; 
     and
       ``(B) is not eligible for any relief from deportation under 
     this Act.
       ``(3) The Attorney General may not execute any order 
     described in paragraph (1) until 30 calendar days have passed 
     from the date that such order was issued, unless waived by 
     the alien, in order that the alien has an opportunity to 
     apply for judicial review under section 106.
       ``(4) Proceedings before the Attorney General under this 
     subsection shall be in accordance with such regulations as 
     the Attorney General shall prescribe. The Attorney General 
     shall provide that--
       ``(A) the alien is given reasonable notice of the charges 
     and of the opportunity described in subparagraph (C);
       ``(B) the alien shall have the privilege of being 
     represented (at no expense to the government) by such 
     counsel, authorized to practice in such proccedings, as the 
     alien shall choose;
       ``(C) the alien has a reasonable opportunity to inspect the 
     evidence and rebut the charges;
       ``(D) the determination of deportability is supported by 
     clear, convincing, and unequivocal evidence and a record is 
     maintained for judicial review; and
       ``(E) the final order of deportation is not entered by the 
     same person who issues the charges.''.
       (b) Limited Judicial Review.--Section 106 of the 
     Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
       (1) in the first sentence of subsection (a), by inserting 
     ``or pursuant to section 242A'' after ``under section 
     242(b)'';
       (2) in subsection (a)(1) and subsection (a)(3), by 
     inserting ``(including an alien described in section 242A)'' 
     after ``aggravated felony''; and
       (3) by adding at the end the following new subsection:
       ``(d)(1) A petition for review or for habeas corpus on 
     behalf of an alien against whom a final order of deportation 
     has been issued pursuant to section 242A(b) may challenge 
     only--
       ``(A) whether the alien is in fact the alien described in 
     the order;
       ``(B) whether the alien is in fact an alien described in 
     section 242A(b)(2);
       ``(C) whether the alien has been convicted of an aggravated 
     felony and such conviction has become final; and
       ``(D) whether the alien was afforded the procedures 
     required by section 242A(b)(5).
       ``(2) No court shall have jurisdiction to review any issue 
     other than an issue described in paragraph (1).''.
       (c) Technical Amendments.--Section 242A of the Immigration 
     and Nationality Act (8 U.S.C. 1252a) is amended--
       (1) by amending the heading to read as follows:


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

       (2) in subsection (a), as designated prior to enactment of 
     this Act, by striking ``(a) In General.--'' and inserting the 
     following:
       ``(a) Deportation of Criminal Aliens.--
       ``(1) in general.--'';
       (3) in subsection (b), as designated prior to enactment of 
     this Act, by striking ``(b) Implementation.--'' and inserting 
     ``(2) Implementation.--'';
       (4) by striking subsection (c);
       (5) in subsection (d)--
       (A) by striking ``(d) Expedited Proceedings.--(1)'' and 
     inserting ``(3) expedited proceedings.--(A)''; and
       (B) by striking ``(2)'' and inserting ``(B)''; and
       (6) in subsection (e)--
       (A) by striking ``(e) Review.--(1)'' and inserting ``(4) 
     review.--(A)'';
       (B) by striking the second sentence; and
       (C) by striking ``(2)'' and inserting ``(B)''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to all aliens against whom deportation 
     proceedings are initiated after the date of enactment of this 
     Act.

     SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM 
                   APPLICANTS.

       (a) In General.--The Attorney General may provide for the 
     expeditious adjudication of asylum claims and the expeditious 
     deportation of asylum applicants whose applications have been 
     finally denied, unless the applicant remains in an otherwise 
     valid nonimmigrant status.
       (b) Employment Authorization.--Section 208 of the 
     Immigration and Nationality Act (8 U.S.C. 1158) is amended by 
     adding at the end the following new subsection:
       ``(e) An applicant for asylum is not entitled to employment 
     authorization except as may be provided by regulation in the 
     discretion of the Attorney General.''.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $64,000,000 for fiscal year 1995;
       (2) $90,000,000 for fiscal year 1996;
       (3) $93,000,000 for fiscal year 1997; and
       (4) $91,000,000 for fiscal year 1998.

     SEC. 130006. IMPROVING BORDER CONTROLS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated for the Immigration and Naturalization 
     Service to increase the resources for the Border Patrol, the 
     Inspections Program, and the Deportation Branch to apprehend 
     illegal aliens who attempt clandestine entry into the United 
     States or entry into the United States with fraudulent 
     documents or who remain in the country after their 
     nonimmigrant visas expire--
       (1) $228,000,000 for fiscal year 1995, of which 
     $181,000,000 is authorized to be appropriated from the 
     Violent Crime Reduction Trust Fund established by this Act, 
     and $47,000,000 is authorized from the General Fund of the 
     Treasury;
       (2) $185,000,000 for fiscal year 1996, of which 
     $137,000,000 is authorized to be appropriated from the 
     Violent Crime Reduction Trust Fund established by this Act, 
     and $48,000,000 is authorized from the General Fund of the 
     Treasury;
       (3) $204,000,000 for fiscal year 1997, of which 
     $156,000,000 is authorized to be appropriated from the 
     Violent Crime Reduction Trust Fund established by this Act, 
     and $48,000,000 is authorized from the General Fund of the 
     Treasury;
       (4) $58,000,000 for fiscal year 1998, of which $10,000,000 
     is authorized to be appropriated from the Violent Crime 
     Reduction Trust Fund established by this Act, and $48,000,000 
     is authorized from the General Fund of the Treasury;
       Of the sums authorized in this section, all necessary funds 
     shall, subject to the availability of appropriations, be 
     allocated to increase the number of agent positions (and 
     necessary support personnel positions) in the Border Patrol 
     by not less than 1,000 full-time equivalent positions in each 
     of fiscal years 1995, 1996, 1997, and 1998 beyond the number 
     funded as of October 1, 1994.
       (b) Report.--By September 30, 1996 and September 30, 1998, 
     the Attorney General shall report to the Congress on the 
     programs described in this section. The report shall include 
     an evaluation of the programs, an outcome-based measurement 
     of performance, and an analysis of the cost effectiveness of 
     the additional resources provided under this Act.

     SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.

       (a) In General.--Subject to the availability of 
     appropriations, the Attorney General may expand the program 
     authorized by section 242A(d) and 242(i) of the Immigration 
     and Nationality Act to ensure that such aliens are 
     immediately deportable upon their release from incarceration.
       (b) Detention and Removal of Criminal Aliens.--Subject to 
     the availability of appropriations, the Attorney General 
     may--
       (1) construct or contract for the construction of 2 
     Immigration and Naturalization Service Processing Centers to 
     detain criminal aliens; and
       (2) provide for the detention and removal of such aliens.
       (c) Report.--By September 30, 1996, and September 30, 1998 
     the Attorney General shall report to the Congress on the 
     programs referred to in subsections (a) and (b). The report 
     shall include an evaluation of the programs, an outcome-based 
     measurement of performance, and an analysis of the cost 
     effectiveness of the additional resources provided under this 
     Act.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $55,000,000 for fiscal year 1995;
       (2) $54,000,000 for fiscal year 1996;
       (3) $49,000,000 for fiscal year 1997; and
       (4) $2,000,000 for fiscal year 1998.

     SEC. 130008. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.

       (a) In General.--Subject to subsection (b) and 
     notwithstanding any other provision of law, the Attorney 
     General, in the discretion of the Attorney General, may 
     accept, hold, administer, and utilize gifts of property and 
     services (which may not include cash assistance) from State 
     and local governments for the purpose of assisting the 
     Immigration and Naturalization Service in the transportation 
     of deportable aliens who are arrested for misdemeanor or 
     felony crimes under State or Federal law and who are either 
     unlawfully within the United States or willing to submit to 
     voluntary departure under safeguards. Any property acquired 
     pursuant to this section shall be acquired in the name of the 
     United States.
       (b) Limitation.--The Attorney General shall terminate or 
     rescind the exercise of the authority under subsection (a) if 
     the Attorney General determines that the exercise of such 
     authority has resulted in discrimination by law enforcement 
     officials on the basis of race, color, or national origin.

     SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES 
                   IMPROVEMENT.

       (a) In General.--Chapter 75 of title 18, United States 
     Code, is amended--
       (1) in section 1541 by striking ``not more than $500 or 
     imprisoned not more than one year'' and inserting ``under 
     this title, imprisoned not more than 10 years'';
       (2) in each of sections 1542, 1543, and 1544 by striking 
     ``not more than $2,000 or imprisoned not more than five 
     years'' and inserting ``under this title, imprisoned not more 
     than 10 years'';
       (3) in section 1545 by striking ``not more than $2,000 or 
     imprisoned not more than three years'' and inserting ``under 
     this title, imprisoned not more than 10 years'';
       (4) in section 1546(a) by striking ``five years'' and 
     inserting ``10 years'';
       (5) in section 1546(b) by striking ``in accordance with 
     this title, or imprisoned not more than two years'' and 
     inserting ``under this title, imprisoned not more than 5 
     years''; and
       (6) by adding at the end the following new section:

     ``Sec. 1547. Alternative imprisonment maximum for certain 
       offenses

       ``Notwithstanding any other provision of this title, the 
     maximum term of imprisonment that may be imposed for an 
     offense under this chapter (other than an offense under 
     section 1545)--
       ``(1) if committed to facilitate a drug trafficking crime 
     (as defined in 929(a)) is 15 years; and
       ``(2) if committed to facilitate an act of international 
     terrorism (as defined in section 2331) is 20 years.''.
       (b) Technical Amendment.--The chapter analysis for chapter 
     75 of title 18, United States Code, is amended by adding at 
     the end the following new item:

       ``1547. Alternative imprisonment maximum for certain 
           offenses.''.

     SEC. 130010. ASYLUM.

       (a) Findings.--The Senate finds that--
       (1) in the last decade applications for asylum have greatly 
     exceeded the original 5,000 annual limit provided in the 
     Refugee Act of 1980, with more than 150,000 asylum 
     applications filed in fiscal year 1993, and the backlog of 
     cases growing to 340,000;
       (2) this flood of asylum claims has swamped the system, 
     creating delays in the processing of applications of up to 
     several years;
       (3) the delay in processing asylum claims due to the 
     overwhelming numbers has contributed to numerous problems, 
     including--
       (A) an abuse of the asylum laws by fraudulent applicants 
     whose primary interest is obtaining work authority in the 
     United States while their claim languishes in the backlogged 
     asylum processing system;
       (B) the growth of alien smuggling operations, often 
     involving organized crime;
       (C) a drain on limited resources resulting from the high 
     cost of processing frivolous asylum claims through our 
     multilayered system; and
       (D) an erosion of public support for asylum, which is a 
     treaty obligation.
       (4) asylum, a safe haven protection for aliens abroad who 
     cannot return home, has been perverted by some aliens who use 
     asylum claims to circumvent our immigration and refugee laws 
     and procedures; and
       (5) a comprehensive revision of our asylum law and 
     procedures is required to address these problems.
       (b) Policy.--It is the sense of the Senate that--
       (1) asylum is a process intended to protect aliens in the 
     United States who cannot safely return home;
       (2) persons outside their country of nationality who have a 
     well-founded fear of persecution if they return should apply 
     for refugee status at one of our refugee processing offices 
     abroad; and
       (3) the immigration, refugee and asylum laws of the United 
     States should be reformed to provide--
       (A) a procedure for the expeditious exclusion of any asylum 
     applicant who arrives at a port-of-entry with fraudulent 
     documents, or no documents, and makes a noncredible claim of 
     asylum; and
       (B) the immigration, refugee and asylum laws of the United 
     States should be reformed to provide for a streamlined 
     affirmative asylum processing system for asylum applicants 
     who make their application after they have entered the United 
     States.

  Mr. HATCH. Mr. President, another issue: mandatory restitution for 
victims of violent crime. The conference committee rejected the Senate-
passed Nickles provision which requires mandatory restitution to 
victims of violent crime. Here again, it has been suggested that we are 
wrong. It has been suggested that there is a comprehensive mandatory 
restitution provision in the bill. Yet, the crime bill only mandates 
restitution in Federal sex offenses and certain crimes against 
children. Why did the conferees stop there? Why did they reject the 
Nickles amendment? Other victims of violent crime are left out in the 
cold.
  I ask unanimous consent that the Senate-passed Nickles amendment and 
the relevant conference report language be inserted in the Record at 
this point.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

              Senate Amendment--Victims Rights Restitution

     SEC. 902. 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)(A) 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 (3);
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (4) the following new 
     paragraph:
       ``(4) 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); 
     and
       (7) by adding at the end the following new subsections:
       ``(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 restoration 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.''.

     SEC. 903. SENSE OF THE CONGRESS CONCERNING THE RIGHT OF A 
                   VICTIM OF A VIOLENT CRIME OR SEXUAL ABUSE TO 
                   SPEAK AT AN OFFENDER'S SENTENCING HEARING AND 
                   ANY PAROLE HEARING.

       It is the sense of the Congress that--
       (1) the law of a State should provide for a victim's right 
     of allocution at a sentencing hearing * * *

                           *   *   *   *   *


     SEC. 3213. MANDATORY RESTITUTION FOR SEX CRIMES.

       (a) Sexual Abuse.--(1) Chapter 109A of title 18, United 
     States Code, is amended by adding at the end thereof the 
     following:

     ``Sec. 2248. Mandatory restitution

       ``(a) In General.--Notwithstanding the terms of section 
     3663 of this title, and in addition to any other civil or 
     criminal penalty authorized by law, the court shall order 
     restitution for any offense under this chapter.
       ``(b) Scope and Nature of Order.--(1) The order of 
     restitution under this section shall direct that--
       ``(A) the defendant pay to the victim (through the 
     appropriate court mechanism) the full amount of the victim's 
     losses as determined by the court, pursuant to paragraph (2); 
     and
       ``(B) the United States Attorney enforce the restitution 
     order by all available and reasonable means.
       ``(2) For purposes of this subsection, the term `full 
     amount of the victim's losses' includes any costs incurred by 
     the victim for--
       ``(A) medical services relating to physical, psychiatric, 
     or psychological care;
       ``(B) physical and occupational therapy or rehabilitation;
       ``(C) necessary transportation, temporary housing, and 
     child care expenses;
       ``(D) lost income;
       ``(E) attorneys' fees, expert witness and investigators' 
     fees, interpretive services, and court costs; and
       ``(F) any other losses suffered by the victim as a 
     proximate result of the offense.
       ``(3) Restitution orders under this section are mandatory. 
     A court may not decline to issue an order under this section 
     because of--
       ``(A) the economic circumstances of the defendant; or
       ``(B) the fact that a victim has, or is entitled to, 
     receive compensation for his or her injuries from the 
     proceeds of insurance or any other source.
       ``(4)(A) Notwithstanding the terms of paragraph (3), the 
     court may take into account the economic circumstances of the 
     defendant in determining the manner in which and the schedule 
     according to which the restitution is to be paid.
       ``(B) For purposes of this paragraph, the term `economic 
     circumstances' includes--
       ``(i) the financial resources and other assets of the 
     defendant;
       ``(ii) projected earnings, earning capacity, and other 
     income of the defendant; and
       ``(iii) any financial obligations of the defendant, 
     including obligations to dependents.
       ``(C) An order under this section may direct the defendant 
     to make a single lump-sum payment or partial payments at 
     specified intervals. The order shall also provide that the 
     defendant's restitutionary obligation takes priority over any 
     criminal fine ordered.
       ``(D) In the event that the victim has recovered for any 
     amount of loss through the proceeds of insurance or any other 
     source, the order of restitution shall provide that 
     restitution be paid to the person who provided the 
     compensation, but that restitution shall be paid to the 
     victim for the victim's other losses before any restitution 
     is paid to any other provider of compensation.
       ``(5) Any amount paid to a victim under this section shall 
     be set off against any amount later recovered as compensatory 
     damages by the victim from the defendant in--
       ``(A) any Federal civil proceeding; and
       ``(B) any State civil proceeding, to the extent provided by 
     the law of the State.
       ``(c) Proof of Claim.--(1) Within 60 days after conviction 
     and, in any event, no later than 10 days prior to sentencing, 
     the United States Attorney (or the United States Attorney's 
     delegee), after consulting with the victim, shall prepare and 
     file an affidavit with the court listing the amounts subject 
     to restitution under this section. The affidavit shall be 
     signed by the United States Attorney (or the United States 
     Attorney's delegee) and the victim. Should the victim object 
     to any of the information included in the affidavit, the 
     United States Attorney (or the United States Attorney's 
     delegee) shall advise the victim that the victim may file a 
     separate affidavit and shall provide the victim with an 
     affidavit form which may be used to do so.
       ``(2) If no objection is raised by the defendant, the 
     amounts attested to in the affidavit filed pursuant to 
     subsection (1) shall be entered in the court's restitution 
     order. If objection is raised, the court may require the 
     victim or the United States Attorney (or the United States 
     Attorney's delegee) to submit further affidavits or other 
     supporting documents, demonstrating the victim's losses.
       ``(3) If the court concludes, after reviewing the 
     supporting documentation and considering the defendant's 
     objections, that there is a substantial reason for doubting 
     the authenticity or veracity of the records submitted, the 
     court may require additional documentation or hear testimony 
     on those questions. Any records filed, or testimony heard, 
     pursuant to this section, shall be in camera in the judge's 
     chambers.
       ``(4) In the event that the victim's losses are not 
     ascertainable 10 days prior to sentencing as provided in 
     subsection (c)(1), the United States Attorney (or the United 
     States Attorney's delegee) shall so inform the court, and the 
     court shall set a date for the final determination of the 
     victim's losses, not to exceed 90 days after sentencing. If 
     the victim subsequently discovers further losses, the victim 
     shall have 60 days after discovery of those losses in which 
     to petition the court for an amended restitution order. Such 
     order may be granted only upon a showing of good cause for 
     the failure to include such losses in the initial claim for 
     restitutionary relief.
       ``(d) Definitions.--For purposes of this section, the term 
     `victim' includes the individual harmed as a result of a 
     commission of a crime under this chapter, including, in the 
     case of a victim who is under 18 years of age, incompetent, 
     incapacitated, or deceased, the legal guardian of the victim 
     or representative of the victim's estate, another family 
     member, or any other person appointed as suitable by the 
     court: Provided, That in no event shall the defendant be 
     named as such representative or guardian.''.
       (2) Table of Sections.--The table of sections for chapter 
     109A of title 18, United States Code, is amended by adding at 
     the end thereof the following:

``2248. Mandatory restitution.''.

       (b) Sexual Exploitation and Other Abuse of Children.--(1) 
     Chapter 110 of title 18, United States Code, is amended by 
     adding at the end thereof the following:

     ``Sec. 2259. Mandatory restitution

       ``(a) In General.--Notwithstanding the terms of section 
     3663 of this title, and in addition to any other civil or 
     criminal penalty authorized by law, the court shall order 
     restitution for any offense under this chapter.
       ``(b) Scope and Nature of Order.--(1) The order of 
     restitution under this section shall direct that--
       ``(A) the defendant pay to the victim (through the 
     appropriate court mechanism) the full amount of the victim's 
     losses as determined by the court, pursuant to paragraph (2); 
     and
       ``(B) the United States Attorney enforce the restitution 
     order by all available and reasonable means.
       ``(2) For purposes of this subsection, the term `full 
     amount of the victim's losses' includes any costs incurred by 
     the victim for--
       ``(A) medical services relating to physical, psychiatric, 
     or psychological care;
       ``(B) physical and occupational therapy or rehabilitation;
       ``(C) necessary transportation, temporary housing, and 
     child care expenses;
       ``(D) lost income;
       ``(E) attorneys' fees, expert witness and investigators' 
     fees, interpretive services, and court costs; and
       ``(F) any other losses suffered by the victim as a 
     proximate result of the offense.
       ``(3) Restitution orders under this section are mandatory. 
     A court may not decline to issue an order under this section 
     because of--
       ``(A) the economic circumstances of the defendant; or
       ``(B) the fact that a victim has, or is entitled to, 
     receive compensation for his or her injuries from the 
     proceeds of insurance or any other source.
       ``(4)(A) Notwithstanding the terms of paragraph (3), the 
     court may take into account the economic circumstances of the 
     defendant in determining the manner in which and the schedule 
     according to which the restitution is to be paid.
       ``(B) For purposes of this paragraph, the term `economic 
     circumstances' includes--
       ``(i) the financial resources and other assets of the 
     defendant;
       ``(ii) projected earnings, earning capacity, and other 
     income of the defendant; and
       ``(iii) any financial obligations of the defendant, 
     including obligations to dependents.
       ``(C) An order under this section may direct the defendant 
     to make a single lump-sum payment or partial payments at 
     specified intervals. The order shall also provide that the 
     defendant's restitutionary obligation takes priority over any 
     criminal fine ordered.
       ``(D) In the event that the victim has recovered for any 
     amount of loss through the proceeds of insurance or any other 
     source, the order of restitution shall provide that 
     restitution be paid to the person who provided the 
     compensation, but that restitution shall be paid to the 
     victim for the victim's other losses before any restitution 
     is paid to any other provider of compensation.
       ``(5) Any amount paid to a victim under this section shall 
     be set off against any amount later recovered as compensatory 
     damages by the victim from the defendant in--
       ``(A) any Federal civil proceeding; and
       ``(B) any State civil proceeding, to the extent provided by 
     the law of the State.
       ``(c) Proof of Claim.--(1) Within 60 days after conviction 
     and, in any event, no later than 10 days prior to sentencing, 
     the United States Attorney (or the United States Attorney's 
     delegee), after consulting with the victim, shall prepare and 
     file an affidavit with the court listing the amounts subject 
     to restitution under this section. The affidavit shall be 
     signed by the United States Attorney (or the United States 
     Attorney's delegee) and the victim. Should the victim object 
     to any of the information included in the affidavit, the 
     United States Attorney (or the United States Attorney's 
     delegee) shall advise the victim that the victim may file a 
     separate affidavit and shall provide the victim with an 
     affidavit form which may be used to do so.
       ``(2) If no objection is raised by the defendant, the 
     amounts attested to in the affidavit filed pursuant to 
     subsection (1) shall be entered in the court's restitution 
     order. If objection is raised, the court may require the 
     victim or the United States Attorney (or the United States 
     Attorney's delegee) to submit further affidavits or other 
     supporting documents, demonstrating the victim's losses.
       ``(3) If the court concludes, after reviewing the 
     supporting documentation and considering the defendant's 
     objections, that there is a substantial reason for doubting 
     the authenticity or veracity of the records submitted, the 
     court may require additional documentation or hear testimony 
     on those questions. Any records filed, or testimony heard, 
     pursuant to this section, shall be in camera in the judge's 
     chambers.
       ``(4) In the event that the victim's losses are not 
     ascertainable 10 days prior to sentencing as provided in 
     subsection (c)(1), the United States Attorney (or the United 
     States Attorney's delegee) shall so inform the court, and the 
     court shall set a date for the final determination of the 
     victim's losses, not to exceed 90 days after sentencing. If 
     the victim subsequently discovers further losses, the victim 
     shall have 60 days after discovery of those losses in which 
     to petition the court for an amended restitution order. Such 
     order may be granted only upon a showing of good cause for 
     the failure to include such losses in the initial claim for 
     restitutionary relief.
       ``(d) Definitions.--For purposes of this section, the term 
     `victim' includes the individual harmed as a result of a 
     commission of a crime under this chapter, including, in the 
     case of a victim who is under 18 years of age, incompetent, 
     incapacitated, or deceased, the legal guardian of the victim 
     or representative of the victim's estate, another family 
     member, or any other person appointed as suitable by the 
     court: Provided, That in no event shall the defendant be 
     named as such representative or guardian.''.
       (2) The table of sections for chapter 110 of title 18, 
     United States Code, is amended by adding at the end thereof 
     the following:

``2259. Mandatory restitution.''.

     SEC. 3214. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.

       There is authorized to be appropriated for fiscal year 
     1994, $1,500,000 for the United States Attorneys for the 
     purpose of appointing Victim/Witness Counselors for the 
     prosecution of sex crimes and domestic violence crimes where 
     applicable (such as the District of Columbia).

                           *   *   *   *   *


     SEC. 3704. EXTENSION AND STRENGTHENING OF RESTITUTION.

       Section 3663(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (2) by inserting ``including an offense 
     under chapter 109A or chapter 110'' after ``an offense 
     resulting in bodily injury to a victim'';
       (2) by striking ``and'' at the end of paragraph (3);
       (3) by redesignating paragraph (4) as paragraph (5); and
       (4) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) in any case, reimburse the victim for lost income and 
     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''.

     SEC. 3705. ENFORCEMENT OF RESTITUTION ORDERS THROUGH 
                   SUSPENSION OF FEDERAL BENEFITS.

       Section 3663 of title 18, United States Code, is amended--
       (1) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (2) by inserting after subsection (f) the following new 
     subsection:
       ``(g)(1) If the defendant is delinquent in making 
     restitution in accordance with any schedule of payments or 
     any requirement of immediate payment imposed under this 
     section, the court may, after a hearing, suspend the 
     defendant's eligibility for all Federal benefits until such 
     time as the defendant demonstrates to the court good-faith 
     efforts to return to such schedule.
       ``(2) In this subsection--
       ``(A) `Federal benefits'--
       ``(i) means any grant, contract, loan, professional 
     license, or commercial license provided by an agency of the 
     United States or appropriated funds of the United States; and
       ``(ii) does not include any retirement, welfare, Social 
     Security, health, disability, veterans benefit, public 
     housing, or other similar benefit, or any other benefit for 
     which payments or services are required for eligibility.
       ``(B) `veterans benefit' means all benefits provided to 
     veterans, their families, or survivors by virtue of the 
     service of a veteran in the Armed Forces of the United 
     States.''.
                                  ____


                   Conference Report--Victims Rights

                     TITLE XXIII--VICTIMS OF CRIME
                      Subtitle A--Victims of Crime

     SEC. 230101. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.

       (a) Modification of Proposed Amendments.--The proposed 
     amendments to the Federal Rules of Criminal Procedure which 
     are embraced by an order entered by the Supreme Court of the 
     United States on April 29, 1994, shall take effect on 
     December 1, 1994, as otherwise provided by law, but with the 
     following amendments:
       (b) In General.--Rule 32 of the Federal Rules of Criminal 
     Procedure is amended by--
       (1) striking ``and'' following the semicolon in subdivision 
     (c)(3)(C);
       (2) striking the period at the end of subdivision (c)(3)(D) 
     and inserting ``; and'';
       (3) inserting after subdivision (c)(3)(D) the following:
       ``(E) if sentence is to be imposed for a crime of violence 
     or sexual abuse, address the victim personally if the victim 
     is present at the sentencing hearing and determine if the 
     victim wishes to make a statement or present any information 
     in relation to the sentence.'';
       (4) in subdivision (c)(3)(D), striking ``equivalent 
     opportunity'' and inserting in lieu thereof ``opportunity 
     equivalent to that of the defendant's counsel'';
       (5) in the last sentence of subdivision (c)(4), striking 
     ``and (D)'' and inserting ``(D), and (E)'';
       (6) in the last sentence of subdivision (c)(4), inserting 
     ``the victim,'' before ``or the attorney for the 
     Government.''; and
       (7) adding at the end the following:
       ``(f) Definitions.--For purposes of this rule--
       ``(1) `victim' means any individual against whom an offense 
     has been committed for which a sentence is to be imposed, but 
     the right of allocution under subdivision (c)(3)(E) may be 
     exercised instead by--
       ``(A) a parent or legal guardian if the victim is below the 
     age of eighteen years or incompetent; or
       ``(B) one or more family members or relatives designated by 
     the court if the victim is deceased or incapacitated;

     if such person or persons are present at the sentencing 
     hearing, regardless of whether the victim is present; and
       ``(2) `crime of violence or sexual abuse' means a crime 
     that involved the use or attempted or threatened use of 
     physical force against the person or property of another, or 
     a crime under chapter 109A of title 18, United States 
     Code.''.
       (c) Effective Date.--The amendments made by subsection (b) 
     shall become effective on December 1, 1994.

     SEC. 230102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A 
                   VICTIM OF A VIOLENT CRIME OR SEXUAL ABUSE TO 
                   SPEAK AT AN OFFENDER'S SENTENCING HEARING AND 
                   ANY PAROLE HEARING.

       It is the sense of the Senate that--
       (1) the law of a State should provide for a victim's right 
     of allocution at a sentencing hearing and at any parole 
     hearing if the offender has been convicted of a crime of 
     violence or sexual abuse;
       (2) such a victim should have an opportunity equivalent to 
     the opportunity accorded to the offender to address the 
     sentencing court or parole board and to present information 
     in relation to the sentence imposed or to the early release 
     of the offender; and
       (3) if the victim is not able to or chooses not to testify 
     at a sentencing hearing or parole hearing, the victim's 
     parents, legal guardian, or family members should have the 
     right to address the court or board.
                    Subtitle B--Crime Victims' Fund

     SEC. 230201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.

       (a) Generally.--Section 1402(d) of the Victims of Crime Act 
     of 1984 (42 U.S.C. 10601(d)) is amended by--
       (1) striking paragraph (2) and inserting the following:
       ``(2) the next $10,000,000 deposited in the Fund shall be 
     available for grants under section 1404A.'';
       (2) striking paragraph (3) and inserting the following:
       ``(3) Of the remaining amount deposited in the Fund in a 
     particular fiscal year--
       ``(A) 48.5 percent shall be available for grants under 
     section 1403;
       ``(B) 48.5 percent shall be available for grants under 
     section 1404(a); and
       ``(C) 3 percent shall be available for grants under section 
     1404(c).'';
       (3) striking paragraph (4) and inserting the following:
       ``(4) The Director may retain any portion of the Fund that 
     was deposited during a fiscal year that is in excess of 110 
     percent of the total amount deposited in the Fund during the 
     preceding fiscal year as a reserve for use in a year in which 
     the Fund falls below the amount available in the previous 
     year. Such reserve may not exceed $20,000,000.''; and
       (4) striking paragraph (5).
       (b) Conforming Cross Reference.--Section 1402(g)(1) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(g)(1)) is 
     amended by striking ``(d)(2)(D)'' and inserting ``(d)(2)''.

     SEC. 230202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO 
                   CERTAIN FEDERAL PROGRAMS.

       Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 
     10602) is amended by adding at the end the following new 
     subsection:
       ``(e) Notwithstanding any other law, if the compensation 
     paid by an eligible crime victim compensation program would 
     cover costs that a Federal program, or a federally financed 
     State or local program, would otherwise pay,--
       ``(1) such crime victim compensation program shall not pay 
     that compensation; and
       ``(2) the other program shall make its payments without 
     regard to the existence of the crime victim compensation 
     program.''.

     SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM 
                   COMPENSATION.

       (a) Creation of Exception.--The final sentence of section 
     1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 
     10602(a)(1)) is amended by striking ``A grant'' and inserting 
     ``Except as provided in paragraph (3), a grant''.
       (b) Requirements of Exception.--Section 1403(a) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10602(a)) is amended 
     by adding at the end the following new paragraph:
       ``(3) Not more than 5 percent of a grant made under this 
     section may be used for the administration of the State crime 
     victim compensation program receiving the grant.''.

     SEC. 230204. GRANTS FOR DEMONSTRATION PROJECTS.

       Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 
     (42 U.S.C. 10603(c)(1)(A)) is amended by inserting 
     ``demonstration projects and'' before ``training''.

     SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIM 
                   ASSISTANCE.

       (a) Creation of Exception.--Section 1404(b)(2) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(2)) is 
     amended by striking ``An eligible'' and inserting ``Except as 
     provided in paragraph (3), an eligible''.
       (b) Requirements of Exception.--Section 1404(b) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10603(b)) is amended 
     by adding at the end the following new subsection:
       ``(3) Not more than 5 percent of sums received under 
     subsection (a) may be used for the administration of the 
     State crime victim assistance program receiving such sums.''.

     SEC. 230206. MAINTENANCE OF EFFORT.

       Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C. 
     10604) is amended by adding at the end the following new 
     subsection:
       ``(h) Each entity receiving sums made available under this 
     Act for administrative purposes shall certify that such sums 
     will not be used to supplant State or local funds, but will 
     be used to increase the amount of such funds that would, in 
     the absence of Federal funds, be made available for these 
     purposes.''.

     SEC. 230207. CHANGE OF DUE DATE FOR REQUIRED REPORT.

       Section 1407(g) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10604(g)) is amended by striking ``and on December 31 
     every two years thereafter'', and inserting ``and on June 30 
     every two years thereafter''.

     SEC. 230208. AMENDMENT OF THE VICTIMS OF CRIME ACT.

       Section 1404(a)(5)(B) of the Victims of Crime Act of 1984 
     (42 U.S.C. 10603(a)(5)(B)) is amended to read as follows:
       ``(B) $200,000 thereafter.''.

                           *   *   *   *   *


     SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.

       (a) Sexual Abuse.--
       (1) In general.--Chapter 109A of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2248. Mandatory restitution

       ``(a) In General.--Notwithstanding section 3663, and in 
     addition to any other civil or criminal penalty authorized by 
     law, the court shall order restitution for any offense under 
     this chapter.
       ``(b) Scope and Nature of Order.--
       ``(1) Directions.--The order of restitution under this 
     section shall direct that--
       ``(A) the defendant pay to the victim (through the 
     appropriate court mechanism) the full amount of the victim's 
     losses as determined by the court, pursuant to paragraph (3); 
     and
       ``(B) the United States Attorney enforce the restitution 
     order by all available and reasonable means.
       ``(2) Enforcement by victim.--An order of restitution also 
     may be enforced by a victim named in the order to receive the 
     restitution in the same manner as a judgment in a civil 
     action.
       ``(3) Definition.--For purposes of this subsection, the 
     term `full amount of the victim's losses' includes any costs 
     incurred by the victim for--
       ``(A) medical services relating to physical, psychiatric, 
     or psychological care;
       ``(B) physical and occupational therapy or rehabilitation;
       ``(C) necessary transportation, temporary housing, and 
     child care expenses;
       ``(D) lost income;
       ``(E) attorneys' fees, plus any costs incurred in obtaining 
     a civil protection order; and
       ``(F) any other losses suffered by the victim as a 
     proximate result of the offense.
       ``(4) Order mandatory.--(A) The issuance of a restitution 
     order under this section is mandatory.
       ``(B) A court may not decline to issue an order under this 
     section because of--
       ``(i) the economic circumstances of the defendant; or
       ``(ii) the fact that a victim has, or is entitled to, 
     receive compensation for his or her injuries from the 
     proceeds of insurance or any other source.
       ``(C)(i) Notwithstanding subparagraph (A), the court may 
     take into account the economic circumstances of the defendant 
     in determining the manner in which and the schedule according 
     to which the restitution is to be paid.
       ``(ii) For purposes of this subparagraph, the term 
     `economic circumstances' includes--
       ``(I) the financial resources and other assets of the 
     defendant;
       ``(II) projected earnings, earning capacity, and other 
     income of the defendant; and
       ``(III) any financial obligations of the defendant, 
     including obligations to dependents.
       ``(D) Subparagraph (A) does not apply if--
       ``(i) the court finds on the record that the economic 
     circumstances of the defendant do not allow for the payment 
     of any amount of a restitution order, and do not allow for 
     the payment of any or some portion of the amount of a 
     restitution order in the foreseeable future (under any 
     reasonable schedule of payments); and
       ``(ii) the court enters in its order the amount of the 
     victim's losses, and provides a nominal restitution award.
       ``(5) More than 1 offender.--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.
       ``(6) More than 1 victim.--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.
       ``(7) Payment schedule.--An order under this section may 
     direct the defendant to make a single lump-sum payment or 
     partial payments at specified intervals.
       ``(8) Setoff.--Any amount paid to a victim under this 
     section shall be set off against any amount later recovered 
     as compensatory damages by the victim from the defendant in--
       ``(A) any Federal civil proceeding; and
       ``(B) any State civil proceeding, to the extent provided by 
     the law of the State.
       ``(9) Effect on other sources of compensation.--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.
       ``(10) Condition of probation or supervised release.--
     Compliance with a restitution order issued under this section 
     shall be a condition of any probation or supervised release 
     of a defendant. If an offender fails to comply with a 
     restitution order, the court may, after a hearing, revoke 
     probation or a term of supervised release, modify the terms 
     or conditions of probation or a term of supervised release, 
     or hold the defendant in contempt pursuant to section 
     3583(e). In determining whether to revoke probation or a term 
     of supervised release, modify the terms or conditions of 
     probation or supervised release or hold a defendant serving a 
     term of supervised release in contempt, the court shall 
     consider the defendant's employment status, earning ability 
     and financial resources, the willfulness of the defendant's 
     failure to comply, and any other circumstances that may have 
     a bearing on the defendant's ability to comply.
       ``(c) Proof of Claim.--
       ``(1) Affidavit.--Within 60 days after conviction and, in 
     any event, not later than 10 days prior to sentencing, the 
     United States Attorney (or the United States Attorney's 
     delegee), after consulting with the victim, shall prepare and 
     file an affidavit with the court listing the amounts subject 
     to restitution under this section. The affidavit shall be 
     signed by the United States Attorney (or the United States 
     Attorney's delegee) and the victim. Should the victim object 
     to any of the information included in the affidavit, the 
     United States Attorney (or the United States Attorney's 
     delegee) shall advise the victim that the victim may file a 
     separate affidavit and shall provide the victim with an 
     affidavit form which may be used to do so.
       ``(2) Objection.--If, after the defendant has been notified 
     of the affidavit, no objection is raised by the defendant, 
     the amounts attested to in the affidavit filed pursuant to 
     paragraph (1) shall be entered in the court's restitution 
     order. If objection is raised, the court may require the 
     victim or the United States Attorney (or the United States 
     Attorney's delegee) to submit further affidavits or other 
     supporting documents, demonstrating the victim's losses.
       ``(3) Additional documentation and testimony.--If the court 
     concludes, after reviewing the supporting documentation and 
     considering the defendant's objections, that there is a 
     substantial reason for doubting the authenticity or veracity 
     of the records submitted, the court may require additional 
     documentation or hear testimony on those questions. The 
     privacy of any records filed, or testimony heard, pursuant to 
     this section shall be maintained to the greatest extent 
     possible, and such records may be filed or testimony heard in 
     camera.
       ``(4) Final determination of losses.--If the victim's 
     losses are not ascertainable by the date that is 10 days 
     prior to sentencing as provided in paragraph (1), the United 
     States Attorney (or the United States Attorney's delegee) 
     shall so inform the court, and the court shall set a date for 
     the final determination of the victim's losses, not to exceed 
     90 days after sentencing. If the victim subsequently 
     discovers further losses, the victim shall have 60 days after 
     discovery of those losses in which to petition the court for 
     an amended restitution order. Such order may be granted only 
     upon a showing of good cause for the failure to include such 
     losses in the initial claim for restitutionary relief.
       ``(d) Modification of Order.--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.
       ``(e) Reference to Magistrate or Special Master.--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.
       ``(f) Definition.--For purposes of this section, the term 
     `victim' means the individual harmed as a result of a 
     commission of a crime under this chapter, including, in the 
     case of a victim who is under 18 years of age, incompetent, 
     incapacitated, or deceased, the legal guardian of the victim 
     or representative of the victim's estate, another family 
     member, or any other person appointed as suitable by the 
     court, but in no event shall the defendant be named as such 
     representative or guardian.''.
       (2) Technical amendment.--The chapter analysis for chapter 
     109A of title 18, United States Code, is amended by adding at 
     the end the following new item:

       ``2248. Mandatory restitution.''.

       (b) Sexual Exploitation and Other Abuse of Children.--
       (1) In general.--Chapter 110 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2259. Mandatory restitution

       ``(a) In General.--Notwithstanding section 3663, and in 
     addition to any other civil or criminal penalty authorized by 
     law, the court shall order restitution for any offense under 
     this chapter.
       ``(b) Scope and Nature of Order.--
       ``(1) Directions.--The order of restitution under this 
     section shall direct that--
       ``(A) the defendant pay to the victim (through the 
     appropriate court mechanism) the full amount of the victim's 
     losses as determined by the court, pursuant to paragraph (3); 
     and
       ``(B) the United States Attorney enforce the restitution 
     order by all available and reasonable means.
       ``(2) Enforcement by victim.--An order of restitution may 
     also be enforced by a victim named in the order to receive 
     the restitution in the same manner as a judgment in a civil 
     action.
       ``(3) Definition.--For purposes of this subsection, the 
     term `full amount of the victim's losses' includes any costs 
     incurred by the victim for--
       ``(A) medical services relating to physical, psychiatric, 
     or psychological care;
       ``(B) physical and occupational therapy or rehabilitation;
       ``(C) necessary transportation, temporary housing, and 
     child care expenses;
       ``(D) lost income;
       ``(E) attorneys' fees, as well as other costs incurred; and
       ``(F) any other losses suffered by the victim as a 
     proximate result of the offense.
       ``(4) Order mandatory.--(A) The issuance of a restitution 
     order under this section is mandatory.
       ``(B) A court may not decline to issue an order under this 
     section because of--
       ``(i) the economic circumstances of the defendant; or
       ``(ii) the fact that a victim has, or is entitled to, 
     receive compensation for his or her injuries from the 
     proceeds of insurance or any other source.
       ``(C)(i) Notwithstanding subparagraph (A), the court may 
     take into account the economic circumstances of the defendant 
     in determining the manner in which and the schedule according 
     to which the restitution is to be paid.
       ``(ii) For purposes of this subparagraph, the term 
     `economic circumstances' includes--
       ``(I) the financial resources and other assets of the 
     defendant;
       ``(II) projected earnings, earning capacity, and other 
     income of the defendant; and
       ``(III) any financial obligations of the defendant, 
     including obligations to dependents.
       ``(D) Subparagraph (A) does not apply if--
       ``(i) the court finds on the record that the economic 
     circumstances of the defendant do not allow for the payment 
     of any amount of a restitution order, and do not allow for 
     the payment of any or some portion of the amount of a 
     restitution order in the foreseeable future (under any 
     reasonable schedule of payments); and
       ``(ii) the court enters in its order the amount of the 
     victim's losses, and provides a nominal restitution award.
       ``(5) More than 1 offender.--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.
       ``(6) More than 1 victim.--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.
       ``(7) Payment schedule.--An order under this section may 
     direct the defendant to make a single lump-sum payment or 
     partial payments at specified intervals.
       ``(8) Setoff.--Any amount paid to a victim under this 
     section shall be set off against any amount later recovered 
     as compensatory damages by the victim from the defendant in--
       ``(A) any Federal civil proceeding; and
       ``(B) any State civil proceeding, to the extent provided by 
     the law of the State.
       ``(9) Effect on other sources of compensation.--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.
       ``(10) Condition of probation or supervised release.--
     Compliance with a restitution order issued under this section 
     shall be a condition of any probation or supervised release 
     of a defendant. If an offender fails to comply with a 
     restitution order, the court may, after a hearing, revoke 
     probation or a term of supervised release, modify the terms 
     or conditions of probation or a term of supervised release, 
     or hold the defendant in contempt pursuant to section 
     3583(e). In determining whether to revoke probation or a term 
     of supervised release, modify the terms or conditions of 
     probation or supervised release or hold a defendant serving a 
     term of supervised release in contempt, the court shall 
     consider the defendant's employment status, earning ability 
     and financial resources, the willfulness of the defendant's 
     failure to comply, and any other circumstances that may have 
     a bearing on the defendant's ability to comply.
       ``(c) Proof of Claim.--
       ``(1) Affidavit.--Within 60 days after conviction and, in 
     any event, not later than 10 days prior to sentencing, the 
     United States Attorney (or the United States Attorney's 
     delegee), after consulting with the victim, shall prepare and 
     file an affidavit with the court listing the amounts subject 
     to restitution under this section. The affidavit shall be 
     signed by the United States Attorney (or the United States 
     Attorney's delegee) and the victim. Should the victim object 
     to any of the information included in the affidavit, the 
     United States Attorney (or the United States Attorney's 
     delegee) shall advise the victim that the victim may file a 
     separate affidavit and shall provide the victim with an 
     affidavit form which may be used to do so.
       ``(2) Objection.--If, after the defendant has been notified 
     of the affidavit, no objection is raised by the defendant, 
     the amounts attested to in the affidavit filed pursuant to 
     paragraph (1) shall be entered in the court's restitution 
     order. If objection is raised, the court may require the 
     victim or the United States Attorney (or the United States 
     Attorney's delegee) to submit further affidavits or other 
     supporting documents, demonstrating the victim's losses.
       ``(3) Additional documentation and testimony.--If the court 
     concludes, after reviewing the supporting documentation and 
     considering the defendant's objections, that there is a 
     substantial reason for doubting the authenticity or veracity 
     of the records submitted, the court may require additional 
     documentation or hear testimony on those questions. The 
     privacy of any records filed, or testimony heard, pursuant to 
     this section shall be maintained to the greatest extent 
     possible, and such records may be filed or testimony heard in 
     camera.
       ``(4) Final determination of losses.--If the victim's 
     losses are not ascertainable by the date that is 10 days 
     prior to sentencing as provided in paragraph (1), the United 
     States Attorney (or the United States Attorney's delegee) 
     shall so inform the court, and the court shall set a date for 
     the final determination of the victim's losses, not to exceed 
     90 days after sentencing. If the victim subsequently 
     discovers further losses, the victim shall have 60 days after 
     discovery of those losses in which to petition the court for 
     an amended restitution order. Such order may be granted only 
     upon a showing of good cause for the failure to include such 
     losses in the initial claim for restitutionary relief.
       ``(d) Modification of Order.--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.
       ``(e) Reference to Magistrate or Special Master.--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.
       ``(f) Definition.--For purposes of this section, the term 
     `victim' means the individual harmed as a result of a 
     commission of a crime under this chapter, including, in the 
     case of a victim who is under 18 years of age, incompetent, 
     incapacitated, or deceased, the legal guardian of the victim 
     or representative of the victim's estate, another family 
     member, or any other person appointed as suitable by the 
     court, but in no event shall the defendant be named as such 
     representative or guardian.''.
       (2) Technical amendment.--The chapter analysis for chapter 
     110 of title 18, United States Code, is amended by adding at 
     the end the following new item:

       ``2259. Mandatory restitution.''.

     SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.

       There are authorized to be appropriated for the United 
     States Attorneys for the purpose of appointing Victim/Witness 
     Counselors for the prosecution of sex crimes and domestic 
     violence crimes where applicable (such as the District of 
     Columbia)--
       (1) $500,000 for fiscal year 1996;
       (2) $500,000 for fiscal year 1997; and
       (3) $500,000 for fiscal year 1998.

  CHAPTER 2--LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT 
                          CRIMES AGAINST WOMEN

     SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended 
     by section 32101(a), is amended--
       (1) by redesignating part T as part U;
       (2) by redesignating section 2001 as section 2101; and
       (3) by inserting after part S the following new part:

                           *   *   *   *   *

          Subtitle E--Violence Against Women Act Improvements

     SEC. 40501. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.

       Section 3156(a)(4) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of subparagraph (A);
       (2) by striking the period at the end of subparagraph (B) 
     and inserting ``; or''; and
       (3) by adding after subparagraph (B) the following new 
     subparagraph:
       ``(C) any felony under chapter 109A or chapter 110.''.

     SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST 
                   VICTIMS BELOW THE AGE OF 16.

       Section 2245(2) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of subparagraph (B);
       (2) by striking ``; and'' at the end of subparagraph (C) 
     and inserting ``; or''; and
       (3) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) the intentional touching, not through the clothing, 
     of the genitalia of another person who has not attained the 
     age of 16 years with an intent to abuse, humiliate, harass, 
     degrade, or arouse or gratify the sexual desire of any 
     person;''.

     SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY 
                   TRANSMITTED DISEASES.

       (a) For Victims in Sex Offense Cases.--Section 503(c)(7) of 
     the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
     10607(c)(7)) is amended by adding at the end the following: 
     ``The Attorney General shall provide for the payment of the 
     cost of up to 2 anonymous and confidential tests of the 
     victim for sexually transmitted diseases, including HIV, 
     gonorrhea, herpes, chlamydia, and syphilis, during the 12 
     months following sexual assaults that pose a risk of 
     transmission, and the cost of a counseling session by a 
     medically trained professional on the accuracy of such tests 
     and the risk of transmission of sexually transmitted diseases 
     to the victim as the result of the assault. A victim may 
     waive anonymity and confidentiality of any tests paid for 
     under this section.''.
       (b) Penalties for Intentional Transmission of HIV.--Not 
     later than 6 months after the date of enactment of this Act, 
     the United States Sentencing Commission shall conduct a study 
     and prepare and submit to the committees on the Judiciary of 
     the Senate and the House of Representatives a report 
     concerning recommendations for the revision of sentencing 
     guidelines that relate to offenses in which an HIV infected 
     individual engages in sexual activity if the individual knows 
     that he or she is infected with HIV and intends, through such 
     sexual activity, to expose another to HIV.

     SEC. 40504. EXTENSION AND STRENGTHENING OF RESTITUTION.

       Section 3663(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (2) by inserting ``including an offense 
     under chapter 109A or chapter 110'' after ``an offense 
     resulting in bodily injury to a victim'';
       (2) by striking ``and'' at the end of paragraph (3);
       (3) by redesignating paragraph (4) as paragraph (5); and
       (4) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) in any case, reimburse the victim for lost income and 
     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''.

     SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERS THROUGH 
                   SUSPENSION OF FEDERAL BENEFITS.

       Section 3663 of title 18, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(i)(1) A Federal agency shall immediately suspend all 
     Federal benefits provided by the agency to the defendant, and 
     shall terminate the defendant's eligibility for Federal 
     benefits administered by that agency, upon receipt of a 
     certified copy of a written judicial finding that the 
     defendant is delinquent in making restitution in accordance 
     with any schedule of payments or any requirement of immediate 
     payment imposed under this section.
       ``(2) Any written finding of delinquency described in 
     paragraph (1) shall be made by a court, after a hearing, upon 
     motion of the victim named in the order to receive the 
     restitution or upon motion of the United States.
       ``(3) A defendant found to be delinquent may subsequently 
     seek a written finding from the court that the defendant has 
     rectified the delinquency or that the defendant has made and 
     will make good faith efforts to rectify the delinquency. The 
     defendant's eligibility for Federal benefits shall be 
     reinstated upon receipt by the agency of a certified copy of 
     such a finding.
       ``(4) In this subsection, ``Federal benefit'' means a 
     grant, contract, loan, professional license, or commercial 
     license provided by an agency of the United States.''.

     SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.

       (a) Study.--The Attorney General, in consultation with the 
     Secretary of Education, shall provide for a national baseline 
     study to examine the scope of the problem of campus sexual 
     assaults and the effectiveness of institutional and legal 
     policies in addressing such crimes and protecting victims. 
     The Attorney General may utilize the Bureau of Justice 
     Statistics, the National Institute of Justice, and the Office 
     for Victims of Crime in carrying out this section.
       (b) Report.--Based on the study required by subsection (a) 
     and data collected under the Student Right-To-Know and Campus 
     Security Act (20 U.S.C. 1001 note; Public Law 101-542) and 
     amendments made by that Act, the Attorney General shall 
     prepare a report including an analysis of--
       (1) the number of reported allegations and estimated number 
     of unreported allegations of campus sexual assaults, and to 
     whom the allegations are reported (including authorities of 
     the educational institution, sexual assault victim service 
     entities, and local criminal authorities);
       (2) the number of campus sexual assault allegations 
     reported to authorities of educational institutions which are 
     reported to criminal authorities;

  Mr. HATCH. Mr. President, these are just some examples of the way in 
which supporters of the crime bill are trying to confuse the public 
about what is and what is not in this crime bill. In the coming days, 
congressional Democrats and the administration will need to reconcile 
whether they want a crime bill or an issue. Republicans want a crime 
bill but it has to be a tough bill. We are not willing to support a 
bill which diverts billions of dollars of crimefighting resources to 
special interest spending programs, which expands the rights of 
criminals, and which drops so many urgently needed crimefighting 
measures.
  Continued obfuscation and denial by the administration in the face of 
growing opposition to this legislation will not produce a tough crime 
bill for the American people. Accordingly, I renew my call for a 
bipartisan effort. If President Clinton wants to pass a crime bill, 
Republicans will deliver the necessary votes provided our concerns--and 
they are legitimate concerns--are addressed.
  I thank the Chair.

                          ____________________