[Congressional Record Volume 140, Number 133 (Wednesday, September 21, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 21, 1994]



                          AMENDMENTS SUBMITTED

                                 ______


            DISTRICT OF COLUMBIA APPROPRIATIONS ACT OF 1995

                                 ______


                        GRAMM AMENDMENT NO. 2585

  Mr. GRAMM proposed an amendment to the House amendment to the Senate 
amendment No. 3 to the bill (H.R. 4649) and other activities chargeable 
in whole or in part against the revenues of said District for the 
fiscal year ending September 30, 1995, and for other purposes making 
appropriations for the government of the District of Columbia; as 
follows:

       At the end of the pending amendment insert the following:
TITLE ____--AMENDMENT OF THE VIOLENT CRIME CONTROL AND LAW ENFORCEMENT 
                              ACT OF 1994

     SEC. ____01. REDUCTION OF ADDITIONAL FUNDING FOR THE MODEL 
                   INTENSIVE GRANT PROGRAM.

       Title III of the Violent Crime Control and Law Enforcement 
     Act of 1994 is amended by striking subtitle C.

     SEC. ____02. REDUCTION OF ADDITIONAL FUNDING FOR THE LOCAL 
                   PARTNERSHIP GRANT PROGRAM.

       Title III of the Violent Crime Control and Law Enforcement 
     Act of 1994 is amended by striking subtitle J.

     SEC. ____03. REDUCTION OF ADDITIONAL FUNDING FOR THE LOCAL 
                   CRIME PREVENTION BLOCK GRANT PROGRAM, FAMILY 
                   AND COMMUNITY ENDEAVOR SCHOOLS PROGRAM, 
                   COMMUNITY-BASED JUSTICE GRANT PROGRAM, URBAN 
                   RECREATION PROGRAM, AT-RISK YOUTH PROGRAM, AND 
                   POLICE RECRUITMENT PROGRAM.

       Title III of the Violent Crime Control and Law Enforcement 
     Act of 1994 is amended by striking section 30402, section 
     30403(b)(2), and subtitles B, G, H, O, and Q.

     SEC. ____04. REDUCTION OF ADDITIONAL FUNDING FOR THE NATIONAL 
                   COMMUNITY ECONOMIC PARTNERSHIP PROGRAM, 
                   COMMUNITY SCHOOLS PROGRAM, OUNCE OF PREVENTION 
                   PROGRAM, FAMILY UNITY DEMONSTRATION PROJECT, 
                   GANG RESISTANCE EDUCATION AND TRAINING PROGRAM, 
                   AND DRUG COURTS PROGRAM.

       The Violent Crime Control and Law Enforcement Act of 1994 
     is amended--
       (1) in title III by striking section 30401, section 
     30403(b)(1), and subtitles A, D, K, S, and X; and
       (2) by striking title V.

     SEC. ____05. ASSURED VIOLENT OFFENDER INCARCERATION AND 
                   PROVISION OF TRUTH IN SENTENCING INCENTIVE 
                   GRANT PROGRAM.

       Subtitle A of title II of the Violent Crime Control and Law 
     Enforcement Act of 1994 is amended to read as follows:
 ``Subtitle A--Violent Offender Incarceration and Truth in Sentencing 
                            Incentive Grants

     ``SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

       ``(a) Grant Authorization.--The Attorney General may make 
     grants to individual States and to States organized as multi-
     State compacts to construct, develop, expand, modify, 
     operate, or improve conventional prisons to ensure that 
     prison cell space is available for the confinement of violent 
     offenders and to implement truth in sentencing laws for 
     sentencing violent offenders.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     this subtitle, a State or States organized as multi-State 
     compacts shall submit an application to the Attorney General 
     that includes--
       ``(1) assurances that the State or States have implemented, 
     or will implement, correctional policies and programs, 
     including truth in sentencing laws that ensure that violent 
     offenders serve a substantial portion of the sentences 
     imposed, that are designed to provide sufficiently severe 
     punishment for violent offenders, including violent juvenile 
     offenders, and that the prison time served is appropriately 
     related to the determination that the inmate is a violent 
     offender and for a period of time deemed necessary to protect 
     the public;
       ``(2) assurances that the State or States have implemented 
     policies that provide for the recognition of the rights and 
     needs of crime victims;
       ``(3) assurances that funds received under this section 
     will be used to construct, develop, expand, modify, operate, 
     or improve conventional correctional facilities to ensure 
     that prison cell space is available for the confinement of 
     violent offenders;
       ``(4) assurances that the State or States have involved 
     counties and other units of local government, when 
     appropriate, in the construction, development, expansion, 
     modification, operation or improvement of correctional 
     facilities designed to ensure the incarceration of violent 
     offenders, and that the State or States will share funds 
     received under this section with counties and other units of 
     local government, taking into account the burden placed on 
     these units of government when they are required to confine 
     sentenced prisoners because of overcrowding in State prison 
     facilities;
       ``(5) assurances that funds received under this section 
     will be used to supplement, not supplant, other Federal, 
     State, and local funds;
       ``(6) assurances that the State or States have implemented, 
     or will implement within 18 months after the date of the 
     enactment of this Act, policies to determine the veteran 
     status of inmates and to ensure that incarcerated veterans 
     receive the veteran's benefits to which they are entitled; 
     and
       ``(7) if applicable, documentation of the multi-State 
     compact agreement that specifies the construction, 
     development, expansion, modification, operation, or 
     improvement of correctional facilities.
       ``(c) Consideration.--The Attorney General, in making such 
     grants, shall give consideration to the special burden placed 
     on States which incarcerate a substantial number of inmates 
     who are in the United States illegally.

     ``SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

       ``(a) Truth in Sentencing Grant Program.--Forty percent of 
     the total amount of funds appropriated to carry out this 
     subtitle for each of fiscal years 1995, 1996, 1997, 1998, 
     1999, and 2000 shall be made available for Truth in 
     Sentencing Incentive Grants. To be eligible to receive such a 
     grant, a State must meet the requirements of section 20101(b) 
     and shall demonstrate that the State--
       ``(1) has in effect laws which require that persons 
     convicted of violent crimes serve not less than 85 percent of 
     the sentence imposed; or
       ``(2) since 1993--
       ``(A) has increased the percentage of convicted violent 
     offenders sentenced to prison;
       ``(B) has increased the average prison time which will be 
     served in prison by convicted violent offenders sentenced to 
     prison;
       ``(C) has increased the percentage of sentence which will 
     be served inprison by violent offenders sentenced to prison; 
     and
       ``(D) has in effect at the time of application laws 
     requiring that a person who is convicted of a violent crime 
     shall serve not less than 85 percent of the sentence imposed.
       ``(b) Allocation of Truth in Sentencing Incentive Funds.--
     The amount available to carry out this section for any fiscal 
     year under subsection (a) shall be allocated to each eligible 
     State in the ratio that the number of part 1 violent crimes 
     reported by such State to the Federal Bureau of Investigation 
     for 1993 bears to the number of part 1 violent crimes 
     reported by all States to the Federal Bureau of Investigation 
     for 1993.

     ``SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

       ``(a) Violent Offender Incarceration Grant Program.--Fifty 
     percent of the total amount of funds appropriated to carry 
     out this subtitle for each of fiscal years 1995, 1996, 1997, 
     1998, 1999, and 2000 shall be made available for Violent 
     Offender Incarceration Grants. To be eligible to receive such 
     a grant, a State or States must meet the requirements of 
     section 20101(b).
       ``(b) Allocation of Violent Offender Incarceration Funds.--
       ``(1) Formula allocation.--Eighty-five percent of the sum 
     of the amount available for Violent Offender Incarceration 
     Grants for any fiscal year under subsection (a) for that 
     fiscal year shall be allocated as follows:
       ``(A) 0.25 percent shall be allocated to each eligible 
     State except that the United States Virgin Islands, American 
     Samoa, Guam, and the Northern Mariana Islands each shall be 
     allocated 0.05 percent.
       ``(B) The amount remaining after application of 
     subparagraph (A) shall be allocated to each eligible State in 
     the ratio that the number of part 1 violent crimes reported 
     by such State to the Federal Bureau of Investigation for 1993 
     bears to the number of part 1 violent crimes reported by all 
     States to the Federal Bureau of Investigation for 1993.
       ``(2) Discretionary allocation.--Fifteen percent of the sum 
     of the amount available for Violent Offender Incarceration 
     Grants for any fiscal year under subsection (a) shall be 
     allocated at the discretion of the Attorney General to States 
     that have demonstrated the greatest need for such grants and 
     the ability to best utilize the funds to meet the objectives 
     of the grant program and ensure that prison cell space is 
     available for the confinement of violent offenders.

     ``SEC. 20104. MATCHING REQUIREMENT.

       ``The Federal share of a grant received under this subtitle 
     may not exceed 75 percent of the costs of a proposal 
     described in an application approved under this subtitle.

     ``SEC. 20105. RULES AND REGULATIONS.

       ``(a) The Attorney General shall issue rules and 
     regulations regarding the uses of grant funds received under 
     this subtitle not later than 90 days after the date of 
     enactment of this Act.
       ``(b) If data regarding part 1 violent crimes in any State 
     for 1993 is unavailable or substantially inaccurate, the 
     Attorney General shall utilize the best available comparable 
     data regarding the number of violent crimes for 1993 for that 
     State for the purposes of allocation of any funds under this 
     subtitle.

     ``SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.

       ``The Attorney General may request that the Director of the 
     National Institute of Corrections and the Director of the 
     Federal Bureau of Prisons provide technical assistance and 
     training to a State or States that receive a grant under this 
     subtitle to achieve the purposes of this subtitle.

     ``SEC. 20107. EVALUATION.

       ``The Attorney General may request the Director of the 
     National Institute of Corrections to assist with an 
     evaluation of programs established with funds under this 
     subtitle.

     ``SEC. 20108. DEFINITIONS.

       ``In this subtitle--
       `` `part 1 violent crimes' means murder and nonnegligent 
     manslaughter, forcible rape, robbery, and aggravated assault 
     as reported to the Federal Bureau of Investigation for 
     purposes of the Uniform Crime Reports.
       `` `State' or `States' means a State, the District of 
     Columbia, the Commonwealth of Puerto Rico, the United States 
     Virgin Islands, American Samoa, Guam, and the Northern 
     Mariana Islands.

     ``SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subtitle--
       ``(1) $175,000,000 for fiscal year 1995;
       ``(2) $750,000,000 for fiscal year 1996;
       ``(3) $1,000,000,000 for fiscal year 1997;
       ``(4) $1,900,000,000 for fiscal year 1998;
       ``(5) $2,000,000,000 for fiscal year 1999; and
       ``(6) $2,070,000,000 for fiscal year 2000.''.

     SEC. ____06. INCREASED MANDATORY MINIMUM SENTENCES FOR 
                   CRIMINALS USING FIREARMS.

       Section 924(c)(1) of title 18, United States Code, is 
     amended by inserting after the first sentence the following: 
     ``Except to the extent a greater minimum sentence is 
     otherwise provided by the preceding sentence or by any other 
     provision of this subsection or any other law, a person who, 
     during and in relation to any crime of violence or drug 
     trafficking crime (including a crime of violence or drug 
     trafficking crime which provides for an enhanced punishment 
     if committed by the use of a deadly or dangerous weapon or 
     device) for which a person may be prosecuted in a court of 
     the United States, uses or carries a firearm, shall, in 
     addition to the punishment provided for such crime of 
     violence or drug trafficking crime--
       ``(A) be punished by imprisonment for not less than 10 
     years;
       ``(B) if the firearm is discharged, be punished by 
     imprisonment for not less than 20 years; and
       ``(C) if the death of a person results, be punished by 
     death or by imprisonment for not less than life.

     Notwithstanding any other law, the court shall not place on 
     probation or suspend the sentence of any person convicted of 
     a violation of this subsection, nor shall the term of 
     imprisonment imposed under this subsection run concurrently 
     with any other term of imprisonment including that imposed 
     for the crime of violence or drug trafficking crime in which 
     the firearm was used or carried. No person sentenced under 
     this subsection shall be eligible for parole during the term 
     of imprisonment imposed herein.''.

     SEC. ____07. MANDATORY MINIMUM PRISON SENTENCES FOR ADULTS 
                   WHO USE MINORS IN DRUG TRAFFICKING ACTIVITIES.

       (a) Employment of Persons Under-18 Years of Age.--Section 
     420 of the Controlled Substances Act (21 U.S.C. 861) is 
     amended--
       (1) In subsection (b) by adding at the end the following: 
     ``Except to the extent a greater minimum sentence is 
     otherwise provided, a term of imprisonment of a person 21 or 
     more years of age convicted of drug trafficking under this 
     subsection shall be not less than 10 years. Notwithstanding 
     any other law, the court shall not place on probation or 
     suspend the sentence of any person sentenced under the 
     preceding sentence.''; and
       (2) in subsection (c) (penalty for second offenses) by 
     inserting after the second sentence the following: ``Except 
     to the extent a greater minimum sentence is otherwise 
     provided, a term of imprisonment of a person 21 or more years 
     of age convicted of drug trafficking under this subsection 
     shall be a mandatory term of life imprisonment. 
     Notwithstanding any other law, the court shall not place on 
     probation or suspend the sentence of any person sentenced 
     under the preceding sentence.''.

     SEC. ____08. MANDATORY MINIMUM PRISON SENTENCES FOR ADULTS 
                   WHO SELL ILLEGAL DRUGS TO MINORS.

       (a) Distribution to Persons Under Age 18.--Section 418 of 
     the Controlled Substances Act (21 U.S.C. 859) is amended--
       (1) in subsection (a) (first offense) by inserting after 
     the second sentence ``Except to the extent a greater minimum 
     sentence is otherwise provided by section 401(b), a term of 
     imprisonment under this subsection in a case involving 
     distribution to a person under 18 years of age by a person 21 
     or more years of age shall be not less than 10 years. 
     Notwithstanding any other law, the court shall not place on 
     probation or suspend the sentence of any person sentenced 
     under the preceding sentence.''; and
       (2) in subsection (b) (second offense) by inserting after 
     the second sentence ``Except to the extent a greater sentence 
     is otherwise authorized by section 401(b), a term of 
     imprisonment under this subsection in a case involving 
     distribution to a person under 18 years of age by a person 21 
     or more years of age shall be a mandatory term of life 
     imprisonment. Notwithstanding any other law, the court shall 
     not place on probation or suspend the sentence of any person 
     sentenced under the preceding sentence.'.''

     SEC. ____09. DEPORTATION OF CRIMINAL ALIENS.

       (a) Expansion of Definition of Aggravated Felony.--
       (1) 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.''.
       (2) Effective date.--The amendment made by this section 
     shall apply to convictions entered on or after the date of 
     enactment of this Act.
       (b) Deportation Procedures for Certain Criminal Aliens Who 
     Are Not Permanent Residents.--
       (1) 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 the Attorney General's 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.''.
       (2) Limited judicial review.--Section 106 of the 
     Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
       (A) in the first sentence of subsection (a), by inserting 
     ``or pursuant to section 242A'' after ``under section 
     242(b)'';
       (B) in subsection (a)(1) and subsection (a)(3), by 
     inserting ``(including an alien described in section 242A)'' 
     after ``aggravated felony''; and
       (C) 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.''.
       (3) Technical amendments.--Section 242A of the Immigration 
     and Nationality Act (8 U.S.C. 1252a) is amended--
       (A) in subsection (a)--
       (i) 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'';
       (B) in subsection (b)--
       (i) by striking ``(b) Implementation.--'' and inserting 
     ``(2) Implementation.--''; and
       (ii) by striking ``respect to an'' and inserting ``respect 
     to a permanent resident'';
       (C) by striking subsection (c);
       (D) in subsection (d)--
       (i) by striking ``(d) Expedited Proceedings.--(1)'' and 
     inserting ``(3) Expedited proceedings.--(A)'';
       (ii) by inserting ``permanent resident'' after ``in the 
     case of any''; and
       (iii) by striking ``(2)'' and inserting ``(B)'';
       (E) in subsection (e)--
       (i) by striking ``(e) Review.--(1)'' and inserting ``(4) 
     Review.--(A)'';
       (ii) by striking the second sentence; and
       (iii) by striking ``(2)'' and inserting ``(B)'';
       (F) by redesignating subsection (f), as added by paragraph 
     (1) of this subsection, as subsection (c);
       (G) 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
       (H) by amending the section heading to read as follows:
       ``EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING 
     AGGRAVATED FELONIES''.
       (4) Effective date.--The amendments made by this subsection 
     shall apply to all aliens against whom deportation 
     proceedings are initiated after the date of enactment of this 
     Act.
       (c) Judicial Deportation.--
       (1) 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).''.
       (2) 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''.
       (3) Rule of construction.--Nothing in this subsection 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.
       (4) 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.
       (d) Restricting Defenses to Deportation for Certain 
     Criminal Aliens.--
       (1) 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.''.
       (2) 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--
       (A) by striking the final sentence and inserting the 
     following new subparagraph:
       ``(E) the alien has been convicted of an aggravated 
     felony.''; and
       (B) by striking ``or'' at the end of subparagraph (C) and 
     inserting ``or'' at the end of subparagraph (D).
       (e) Enhancing Penalties for Failing to Depart, or 
     Reentering, After Final Order of Deportation.--
       (1) Failure to depart.--Section 242(e) of the Immigration 
     and Nationality Act (8 U.S.C. 1252(e)) is amended--
       (A) by striking ``paragraph (2), (3), or 4 of'' the first 
     time it appears; and
       (B) 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).''.
       (2) Reentry.--Section 276(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1326(b)) is amended--
       (A) in paragraph (1)--
       (i) by inserting after ``commission of'' the following: 
     ``three or more misdemeanors involving drugs, crimes against 
     the person, or both, or''; and
       (ii) by striking ``5'' and inserting ``10'';
       (B) in paragraph (2), by striking ``15'' and inserting 
     ``20''; and
       (C) 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.''.
       (3) 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.''.
       (f) Criminal Alien Tracking Center.--
       (1) 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.
       (2) 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.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this section $2,000,000 for 
     fiscal year 1995 and $6,000,000 for each of fiscal years 
     1996, 1997, 1998, and 1999.
       (g) Miscellaneous and Technical Changes.--
       (1) 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.''.
       (2) 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.
       (3) Amendment of the violent crime control and law 
     enforcement act of 1994.--Sections 130001, 130002, and 130004 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     and the amendments made by those sections are repealed 
     effective as of the date of enactment of this Act.

     SEC. ____10. 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) any criminal history points 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;
       ``(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; and
       ``(H) 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.''.
       (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) Emergency amendments.--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.
       (d) Repeal of Title VIII of Violent Crime Control and Law 
     Enforcement Act of 1994.--Title VIII of Violent Crime Control 
     and Law Enforcement Act of 1994 and the amendment made by 
     that title are repealed effective as of the effective date 
     specified in subsection (c).

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