Taking Back Our Streets Act - Bill Text

[aaron greewnood]

104th CONGRESS
1st Session
H. R. XX

IN THE HOUSE OF REPRESENTATIVES

Mr. Gingrich (for himself, Mr. Armey, and Mr. McCollum) introduced the
following bill; which was referred to the Committee on XXXXXXXXXXXXXXX

A BILL
To control crime.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Taking Back Our Streets Act of 1994''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
TITLE I--EFFECTIVE DEATH PENALTY
Subtitle A--Habeas Corpus Reform
Chapter 1--Post Conviction Petitions: General Habeas Corpus Reform
Sec. 101. Period of limitation for filing writ of habeas corpus
following final judgment of a State court.
Sec. 102. Authority of appellate judges to issue certificates of
probable cause for appeal in habeas corpus and Federal collateral relief
proceedings.
Sec. 103. Conforming amendment to the rules of appellate procedure.
Sec. 104. Discretion to deny habeas corpus application despite failure
to exhaust State remedies.
Sec. 105. Period of limitation for Federal prisoners filing for
collateral remedy.
Chapter 2--Special Procedures for Collateral Proceedings in Capital
Cases
Sec. 106. Death penalty litigation procedures.
Chapter 3--Funding for Litigation of Federal Habeas Corpus Petitions in
Capital Cases
Sec. 107. Funding for death penalty prosecutions.
Subtitle B--Federal Death Penalty Procedures Reform
Sec. 111. Federal death penalty procedures reform.
TITLE II--DETERRING GUN CRIMES
Sec. 201. Mandatory prison terms for use, possession, or carrying of a
firearm or destructive device during a State crime of violence or State
drug trafficking crime.
TITLE III--MANDATORY VICTIM RESTITUTION
Sec. 301. Mandatory restitution and other provisions.
TITLE IV--LAW ENFORCEMENT BLOCK GRANTS
Sec. 401. Payments to local governments.
Sec. 402. Authorization of appropriations.
Sec. 403. Qualification for payment.
Sec. 404. Allocation and distribution of funds.
Sec. 405. Utilization of private sector.
Sec. 406. Public participation.
Sec. 407. Administrative provisions.
Sec. 408. Definitions.
TITLE V--TRUTH IN SENTENCING GRANTS
Sec. 501. Grants.
Sec. 502. Federal funds.
Sec. 503. Authorization of appropriations.
Sec. 504. Definitions as used in this title.
TITLE VI--EXCLUSIONARY RULE REFORM
Sec. 601. Admissibility of certain evidence.
TITLE VII--STOPPING ABUSIVE PRISONER LAWSUITS
Sec. 701. Exhaustion requirement.
Sec. 702. Frivolous actions.
Sec. 703. Modification of required minimum standards.
Sec. 704. Proceedings in forma pauperis.
TITLE VIII--STREAMLINING DEPORTATION OF CRIMINAL ALIENS
Sec. 801. Expansion of definition of aggravated felony.
Sec. 802. Deportation procedures for certain criminal aliens who are not
permanent residents.
Sec. 803. Judicial deportation.
Sec. 804. Restricting defenses to deportation for certain criminal
aliens.
Sec. 805. Enhancing penalties for failing to depart, or reentering,
after final order of deportation.
Sec. 806. Miscellaneous and technical changes.
Sec. 807. Criminal alien tracking center.
TITLE I--EFFECTIVE DEATH PENALTY
Subtitle A--Habeas Corpus Reform
CHAPTER 1--POST CONVICTION PETITIONS: GENERAL HABEAS CORPUS REFORM
SEC. 101. PERIOD OF LIMITATION FOR FILING WRIT OF HABEAS CORPUS
FOLLOWING FINAL JUDGMENT OF A STATE COURT.
Section 2244 of title 28, United States Code, is amended by adding at
the end the following:
``(d) A one-year period of limitation shall apply to an application
for a writ of habeas corpus by a person in custody pursuant to the
judgment of a State court. The limitation period shall run from the
latest of the following times:
``(1) The time at which State remedies are exhausted.
``(2) The time at which the impediment to filing an application
created by State action in violation of the Constitution or laws of the
United States is removed, where the applicant was prevented from filing
by such State action.
``(3) The time at which the Federal right asserted was initially
recognized by the Supreme Court, where the right has been newly
recognized by the Court and is retroactively applicable.
``(4) The time at which the factual predicate of the claim or claims
presented could have been discovered through the exercise of reasonable
diligence.''.
SEC. 102. AUTHORITY OF APPELLATE JUDGES TO ISSUE CERTIFICATES OF
PROBABLE CAUSE FOR APPEAL IN HABEAS CORPUS AND FEDERAL COLLATERAL RELIEF
PROCEEDINGS.
Section 2253 of title 28, United States Code, is amended to read as
follows:
`` 1A2253. Appeal
``(a) In a habeas corpus proceeding or a proceeding under section 2255
of this title before a circuit or district judge, the final order shall
be subject to review, on appeal, by the court of appeals for the circuit
where the proceeding is had.
``(b) There shall be no right of appeal from such an order in a
proceeding to test the validity of a warrant to remove, to another
district or place for commitment or trial, a person charged with a
criminal offense against the United States, or to test the validity of
his detention pending removal proceedings.
``(c) An appeal may not be taken to the court of appeals from the
final order in a habeas corpus proceeding where the detention complained
of arises out of process issued by a State court, or from the final
order in a proceeding under section 2255 of this title, unless a circuit
justice or judge issues a certificate of probable cause.''.
SEC. 103. CONFORMING AMENDMENT TO THE RULES OF APPELLATE PROCEDURE.
Federal Rule of Appellate Procedure 22 is amended to read as follows:
``RULE 22
``habeas corpus and section 2255 proceedings
``(a) Application for an Original Writ of Habeas Corpus.--An
application for a writ of habeas corpus shall be made to the appropriate
district court. If application is made to a circuit judge, the
application will ordinarily be transferred to the appropriate district
court. If an application is made to or transferred to the district court
and denied, renewal of the application before a circuit judge is not
favored; the proper remedy is by appeal to the court of appeals from the
order of the district court denying the writ.
``(b) Necessity of Certificate of Probable Cause for Appeal.--In a
habeas corpus proceeding in which the detention complained of arises out
of process issued by a State court, and in a motion proceeding pursuant
to section 2255 of title 28, United States Code, an appeal by the
applicant or movant may not proceed unless a circuit judge issues a
certificate of probable cause. If a request for a certificate of
probable cause is addressed to the court of appeals, it shall be deemed
addressed to the judges thereof and shall be considered by a circuit
judge or judges as the court deems appropriate. If no express request
for a certificate is filed, the notice of appeal shall be deemed to
constitute a request addressed to the judges of the court of appeals. If
an appeal is taken by a State or the Government or its representative, a
certificate of probable cause is not required.''.
SEC. 104. DISCRETION TO DENY HABEAS CORPUS APPLICATION DESPITE FAILURE
TO EXHAUST STATE REMEDIES.
Section 2254(b) of title 28, United State Code, is amended to read as
follows:
``(b) An application for a writ of habeas corpus in behalf of a person
in custody pursuant to the judgment of a State court shall not be
granted unless it appears that the applicant has exhausted the remedies
available in the courts of the State, or that there is either an absence
of available State corrective process or the existence of circumstances
rendering such process ineffective to protect the rights of the
applicant. An application may be denied on the merits notwithstanding
the failure of the applicant to exhaust the remedies available in the
courts of the State.''.
SEC. 105. PERIOD OF LIMITATION FOR FEDERAL PRISONERS FILING FOR
COLLATERAL REMEDY.
Section 2255 of title 28, United States Code, is amended by striking
the second paragraph and the penultimate paragraph thereof, and by
adding at the end the following new paragraphs:
``A two-year period of limitation shall apply to a motion under this
section. The limitation period shall run from the latest of the
following times:
``(1) The time at which the judgment of conviction becomes final.
``(2) The time at which the impediment to making a motion created by
governmental action in violation of the Constitution or laws of the
United States is removed, where the movant was prevented from making a
motion by such governmental action.
``(3) The time at which the right asserted was initially recognized by
the Supreme Court, where the right has been newly recognized by the
Court and is retroactively applicable.
``(4) The time at which the factual predicate of the claim or claims
presented could have been discovered through the exercise of reasonable
diligence.''.
CHAPTER 2--SPECIAL PROCEDURES FOR COLLATERAL PROCEEDINGS IN CAPITAL
CASES
SEC. 106. DEATH PENALTY LITIGATION PROCEDURES.
(a) In General.--Title 28, United States Code, is amended by inserting
the following new chapter after chapter 153:
``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2256. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or statute;
procedures for appointment.
``2257. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2258. Filing of habeas corpus petition; time requirements; tolling
rules.
``2259. Evidentiary hearings; scope of Federal review; district court
adjudication.
``2260. Certificate of probable cause inapplicable.
``2261. Application to State unitary review procedures.
``2262. Limitation periods for determining petitions.
``2263. Rule of construction.
`` 1A2256. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or statute;
procedures for appointment
``(a) This chapter shall apply to cases arising under section 2254
brought by prisoners in State custody who are subject to a capital
sentence. It shall apply only if the provisions of subsections (b) and
(c) are satisfied.
``(b) This chapter is applicable if a State establishes by rule of its
court of last resort or by statute a mechanism for the appointment,
compensation and payment of reasonable litigation expenses of competent
counsel in State postconviction proceedings brought by indigent
prisoners whose capital convictions and sentences have been upheld on
direct appeal to the court of last resort in the State or have otherwise
become final for State law purposes. The rule of court or statute must
provide standards of competency for the appointment of such counsel.
``(c) Any mechanism for the appointment, compensation and
reimbursement of counsel as provided in subsection (b) must offer
counsel to all State prisoners under capital sentence and must provide
for the entry of an order by a court of record: (1) appointing one or
more counsel to represent the prisoner upon a finding that the prisoner
is indigent and accepted the offer or is unable competently to decide
whether to accept or reject the offer; (2) finding, after a hearing if
necessary, that the prisoner rejected the offer of counsel and made the
decision with an understanding of its legal consequences; or (3) denying
the appointment of counsel upon a finding that the prisoner is not
indigent.
``(d) No counsel appointed pursuant to subsections (b) and (c) to
represent a State prisoner under capital sentence shall have previously
represented the prisoner at trial or on direct appeal in the case for
which the appointment is made unless the prisoner and counsel expressly
request continued representation.
``(e) The ineffectiveness or incompetence of counsel during State or
Federal collateral postconviction proceedings in a capital case shall
not be a ground for relief in a proceeding arising under section 2254 of
this chapter. This limitation shall not preclude the appointment of
different counsel, on the court's own motion or at the request of the
prisoner, at any phase of State or Federal postconviction proceedings on
the basis of the ineffectiveness or incompetence of counsel in such
proceedings.
`` 1A2257. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
``(a) Upon the entry in the appropriate State court of record of an
order under section 2256(c), a warrant or order setting an execution
date for a State prisoner shall be stayed upon application to any court
that would have jurisdiction over any proceedings filed under section
2254. The application must recite that the State has invoked the
postconviction review procedures of this chapter and that the scheduled
execution is subject to stay.
``(b) A stay of execution granted pursuant to subsection (a) shall
expire if--
``(1) a State prisoner fails to file a habeas corpus petition under
section 2254 within the time required in section 2258, or fails to make
a timely application for court of appeals review following the denial of
such a petition by a district court;
``(2) upon completion of district court and court of appeals review
under section 2254 the petition for relief is denied and (A) the time
for filing a petition for certiorari has expired and no petition has
been filed; (B) a timely petition for certiorari was filed and the
Supreme Court denied the petition; or (C) a timely petition for
certiorari was filed and upon consideration of the case, the Supreme
Court disposed of it in a manner that left the capital sentence
undisturbed; or
``(3) before a court of competent jurisdiction, in the presence of
counsel and after having been advised of the consequences of his
decision, a State prisoner under capital sentence waives the right to
pursue habeas corpus review under section 2254.
``(c) If one of the conditions in subsection (b) has occurred, no
Federal court thereafter shall have the authority to enter a stay of
execution or grant relief in a capital case unless--
``(1) the basis for the stay and request for relief is a claim not
previously presented in the State or Federal courts;
``(2) the failure to raise the claim is (A) the result of State action
in violation of the Constitution or laws of the United States; (B) the
result of the Supreme Court recognition of a new Federal right that is
retroactively applicable; or (C) based on a factual predicate that could
not have been discovered through the exercise of reasonable diligence in
time to present the claim for State or Federal postconviction review;
and
``(3) The facts underlying the claim would be sufficient to establish
by clear and convincing evidence that but for constitutional error, no
reasonable fact finder would have found the petitioner guilty of the
underlying offense or eligible for the death penalty under State law.
``(d) Notwithstanding any other provision of law, no Federal district
court or appellate judge shall have the authority to enter a stay of
execution, issue injunctive relief, or grant any equitable or other
relief in a capital case on any successive habeas petition (or other
action which follows the final determination of a first habeas corpus
petition) unless the court first determines the petition or other action
does not constitute an abuse of the writ. This determination shall be
made only by the district judge or appellate panel who adjudicated the
merits of the original habeas petition (or to the district judge or
appellate panel to which the case may have been subsequently assigned as
a result of the unavailability of the original court or judges). In the
Federal courts of appeal, a stay may issue pursuant to the terms of this
provision only when a majority of the original panel or majority of the
active judges determines the petition does not constitute an abuse of
the writ.
`` 1A2258. Filing of habeas corpus petition; time requirements; tolling
rules
``Any petition for habeas corpus relief under section 2254 must be
filed in the appropriate district court within one hundred and eighty
days from the filing in the appropriate State court of record of an
order under section 2256(c). The time requirements established by this
section shall be tolled--
``(1) from the date that a petition for certiorari is filed in the
Supreme Court until the date of final disposition of the petition if a
State prisoner files the petition to secure review by the Supreme Court
of the affirmance of a capital sentence on direct review by the court of
last resort of the State or other final State court decision on direct
review;
``(2) during any period in which a State prisoner under capital
sentence has a properly filed request for postconviction review pending
before a State court of competent jurisdiction; if all State filing
rules are met in a timely manner, this period shall run continuously
from the date that the State prisoner initially files for postconviction
review until final disposition of the case by the highest court of the
State, but the time requirements established by this section are not
tolled during the pendency of a petition for certiorari before the
Supreme Court except as provided in paragraph (1); and
``(3) during an additional period not to exceed sixty days, if (A) a
motion for an extension of time is filed in the Federal district court
that would have proper jurisdiction over the case upon the filing of a
habeas corpus petition under section 2254; and (B) a showing of good
cause is made for the failure to file the habeas corpus petition within
the time period established by this section.
`` 1A2259. Evidentiary hearings; scope of Federal review; district
court adjudication
``(a) Whenever a State prisoner under a capital sentence files a
petition for habeas corpus relief to which this chapter applies, the
district court shall--
``(1) determine the sufficiency of the record for habeas corpus review
based on the claims actually presented and litigated in the State courts
except when the prisoner can show that the failure to raise or develop a
claim in the State courts is (A) the result of State action in violation
of the Constitution or laws of the United States; (B) the result of the
Supreme Court recognition of a new Federal right that is retroactively
applicable; or (C) based on a factual predicate that could not have been
discovered through the exercise of reasonable diligence in time to
present the claim for State postconviction review; and
``(2) conduct any requested evidentiary hearing necessary to complete
the record for habeas corpus review.
``(b) Upon the development of a complete evidentiary record, the
district court shall rule on the claims that are properly before it.
`` 1A2260. Certificate of probable cause inapplicable
``The requirement of a certificate of probable cause in order to
appeal from the district court to the court of appeals does not apply to
habeas corpus cases subject to the provisions of this chapter except
when a second or successive petition is filed.
`` 1A2261. Application to State unitary review procedure
``(a) For purposes of this section, a `unitary review' procedure means
a State procedure that authorizes a person under sentence of death to
raise, in the course of direct review of the judgment, such claims as
could be raised on collateral attack. The provisions of this chapter
shall apply, as provided in this section, in relation to a State unitary
review procedure if the State establishes by rule of its court of last
resort or by statute a mechanism for the appointment, compensation and
payment of reasonable litigation expenses of competent counsel in the
unitary review proceedings, including expenses relating to the
litigation of collateral claims in the proceedings. The rule of court or
statute must provide standards of competency for the appointment of such
counsel.
``(b) A unitary review procedure, to qualify under this section, must
include an offer of counsel following trial for the purpose of
representation on unitary review, and entry of an order, as provided in
section 2256(c), concerning appointment of counsel or waiver or denial
of appointment of counsel for that purpose. No counsel appointed to
represent the prisoner in the unitary review proceedings shall have
previously represented the prisoner at trial in the case for which the
appointment is made unless the prisoner and counsel expressly request
continued representation.
``(c) Sections 2257, 2258, 2259, 2260, and 2262 shall apply in
relation to cases involving a sentence of death from any State having a
unitary review procedure that qualifies under this section. References
to State `post-conviction review' and `direct review' in those sections
shall be understood as referring to unitary review under the State
procedure. The references in sections 2257(a) and 2258 to `an order
under section 2256(c)' shall be understood as referring to the post-
trial order under subsection (b) concerning representation in the
unitary review proceedings, but if a transcript of the trial proceedings
is unavailable at the time of the filing of such an order in the
appropriate State court, then the start of the one hundred and eighty
day limitation period under section 2258 shall be deferred until a
transcript is made available to the prisoner or his counsel.
`` 1A2262. Limitation periods for determining petitions
``(a)(1) A Federal district court shall determine such a petition or
motion within 60 days of any argument heard on an evidentiary hearing,
or where no evidentiary hearing is held, within 60 days of any final
argument heard in the case.
``(2)(A) The court of appeals shall determine any appeal relating to
such a petition or motion within 90 days after the filing of any reply
brief or within 90 days after such reply brief would be due. For
purposes of this provision, any reply brief shall be due within 14 days
of the opposition brief.
``(B) The court of appeals shall decide any petition for rehearing and
or request by an appropriate judge for rehearing en banc within 20 days
of the filing of such a petition or request unless a responsive pleading
is required in which case the court of appeals shall decide the
application within 20 days of the filing of the responsive pleading. If
en banc consideration is granted, the en banc court shall determine the
appeal within 90 days of the decision to grant such consideration.
``(3) The time limitations contained in paragraphs (1) and (2) may be
extended only once for 20 days, upon an express good cause finding by
the court that the interests of justice warrant such a one-time
extension. The specific grounds for the good cause finding shall be set
forth in writing in any extension order of the court.
``(4) Since the matters under paragraphs (1) and (2)(A) are to be
handled on a priority basis, the time from filing of the petition or
motion to final argument (under paragraph (1)) or of the notice of
appeal to the hearing of the appeal (under paragraph (2)(A)) shall not
exceed 4 months, unless exceptional circumstances require a longer
period. Where such time period exceeds 4 months in any petition or
motion (under paragraph (2)(A)), the court shall set forth in writing
the exceptional circumstances causing the delay.
``(b) The time limitations under subsection (a) shall apply to an
initial petition or motion, and to any second or successive petition or
motion. The same limitations shall also apply to the re-determination of
a petition or motion or related appeal following a remand by the court
of appeals or the Supreme Court for further proceedings, and in such a
case the limitation period shall run from the date of the remand.
``(c) The time limitations under this section shall not be construed
to entitle a petitioner or movant to a stay of execution, to which the
petitioner or movant would otherwise not be entitled, for the purpose of
litigating any petition, motion, or appeal.
``(d) The failure of a court to meet or comply with the time
limitations under this section shall not be a ground for granting relief
from a judgment of conviction or sentence. The State or Government may
enforce the time limitations under this section by applying to the court
of appeals or the Supreme Court for a writ of mandamus.
``(e) The Administrative Office of United States Courts shall report
annually to Congress on the compliance by the courts with the time
limits established in this section.
`` 1A2263. Rule of construction
``This chapter shall be construed to promote the expeditious conduct
and conclusion of State and Federal court review in capital cases.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part VI of title 28, United States Code, is amended by inserting after
the item relating to chapter 153 the following new item:
``154. Special habeas corpus procedures in capital cases2256''.
CHAPTER 3--FUNDING FOR LITIGATION OF FEDERAL HABEAS CORPUS PETITIONS IN
CAPITAL CASES
SEC. 107. FUNDING FOR DEATH PENALTY PROSECUTIONS.
Part E of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the
following new section:
``Sec. 515. Notwithstanding any other provision of this subpart, the
Director shall provide grants to the States, from the funding allocated
pursuant to section 511, for the purpose of supporting litigation
pertaining to Federal habeas corpus petitions in capital cases. The
total funding available for such grants within any fiscal year shall be
equal to the funding provided to capital resource centers, pursuant to
Federal appropriation, in the same fiscal year.''.
Subtitle B--Federal Death Penalty Procedures Reform
SEC. 111. FEDERAL DEATH PENALTY PROCEDURES REFORM.
(a) In General.--Subsection (e) of section 3593 of title 18, United
States Code, is amended by striking ``Based upon this consideration''
and all that follows through the end of such subsection and inserting
the following:
``The jury, or if there is no jury, the court, shall then consider
whether the aggravating factor or factors found to exist outweigh any
mitigating factors. The jury, or if there is no jury, the court shall
recommend a sentence of death if it unanimously finds at least one
aggravating factor and no mitigating factor or if it finds one or more
aggravating factors which outweigh any mitigating factors. In any other
case, it shall not recommend a sentence of death. The jury shall be
instructed that it must avoid any influence of sympathy, sentiment,
passion, prejudice, or other arbitrary factors in its decision, and
should make such a recommendation as the information warrants. The jury
shall be instructed that its recommendation concerning a sentence of
death is to be based on the aggravating factor or factors and any
mitigating factors which have been found, but that the final decision
concerning the balance of aggravating and mitigating factors is a matter
for the jury's judgment.''.
(b) Conforming Amendment.--Section 3594 of title 18, United States
Code, is amended by striking ``or life imprisonment without possibility
of release''.
TITLE II--DETERRING GUN CRIMES
SEC. 201. MANDATORY PRISON TERMS FOR USE, POSSESSION, OR CARRYING OF A
FIREARM OR DESTRUCTIVE DEVICE DURING A STATE CRIME OF VIOLENCE OR STATE
DRUG TRAFFICKING CRIME.
Section 924(c) of title 18, United States Code, is amended by adding
at the end the following new paragraph:
``(4)(A) A person who, during and in relation to a crime of violence
or drug trafficking crime (including a crime of violence or drug
trafficking crime that provides for an enhanced punishment if committed
by the use of a deadly or dangerous weapon or device) for which the
person may be prosecuted in a court of any State--
``(i) in the case of a first conviction of such a crime, in addition
to the sentence imposed for the crime of violence or drug trafficking
crime--
``(I) knowingly possesses a firearm shall be imprisoned not less than
10 years;
``(II) discharges a firearm with intent to injure another person shall
be imprisoned not less than 20 years; or
``(III) knowingly possesses a firearm that is a machinegun or
destructive device or is equipped with a firearm silencer or firearm
muffler shall be imprisoned not less than 30 years;
``(ii) in the case of a second conviction of such a crime, in addition
to the sentence imposed for the crime of violence or drug trafficking
crime--
``(I) shall be imprisoned not less than 20 years if the person
possessed a firearm during and in relation to the crime of violence or
drug trafficking crime;
``(II) shall be imprisoned not less than 30 years if the person
discharged a firearm during and in relation to the crime of violence or
drug trafficking crime; or
``(III) if the person possessed or discharged a firearm that is a
machinegun or a destructive device or is equipped with a firearm
silencer or firearm muffler during and in relation to the crime of
violence or drug trafficking crime, shall be imprisoned for life; and
``(iii) in the case of a third or subsequent conviction of such a
crime, shall be imprisoned for life.
``(B)(i) Notwithstanding any other provision of law, the court shall
not impose a probationary sentence on any person convicted of a
violation of this subsection, nor shall a term of imprisonment imposed
under this subsection run concurrently with any other term of
imprisonment including that imposed for the crime of violence or drug
trafficking crime in which the firearm was used.
``(ii) No person sentenced under this subsection shall be released for
any reason whatsoever during a term of imprisonment imposed under this
paragraph.
``(C) For purposes of subparagraph (A), a person shall be considered
to be in possession of a firearm if--
``(i) in the case of a crime of violence, the person touches a firearm
at the scene of the crime at any time during the commission of the
crime; and
``(ii) in the case of a drug trafficking crime, the person has a
firearm readily available at the scene of the crime.
``(D) Subparagraph (A) shall not apply to a person who may be found to
have committed a criminal act while acting in defense of person or
property during the course of a crime being committed by another person
(including the arrest or attempted arrest of the offender during or
immediately after the commission of the crime), unless the person
engaged in or participated in criminal conduct that gave rise to the
occasion for the person's use of a firearm.
``(E) As used in this paragraph:
``(i) The term `crime of violence' means an offense that is punishable
by imprisonment for more than 1 year and--
``(I) has as an element the use, attempted use, or threatened use of
physical force against the person or property of another; or
``(II) by its nature involves a substantial risk that physical force
against the person or property of another may be used during the course
of the offense.
``(ii) The term `drug trafficking crime' means a crime punishable by
imprisonment for more than 1 year involving the manufacture,
distribution, possession, cultivation, sale, or transfer of a controlled
substance, controlled substance analogue, immediate precursor, or listed
chemical (as those terms are defined in section 102 of the Controlled
Substance Act (21 U.S.C. 802)), or an attempt or conspiracy to commit
such a crime.
``(F) It is the intent of the Congress that--
``(i) this paragraph shall be used to supplement but not supplant the
efforts of State and local prosecutors in prosecuting crimes of violence
and drug trafficking crimes that could be prosecuted under State law;
and
``(ii) the Attorney General shall give due deference to the interest
that a State or local prosecutor has in prosecuting a person under State
law.''.
TITLE III--MANDATORY VICTIM RESTITUTION
SEC. 301. MANDATORY RESTITUTION AND OTHER PROVISIONS.
(a) Order of Restitution.--Section 3663 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``may order'' and inserting ``shall order''; and
(B) by adding at the end the following new paragraph:
``(4) In addition to ordering restitution of the victim of the offense
of which a defendant is convicted, a court may order restitution of any
person who, as shown by a preponderance of evidence, was harmed
physically, emotionally, or pecuniarily, by unlawful conduct of the
defendant during--
``(A) the criminal episode during which the offense occurred; or
``(B) the course of a scheme, conspiracy, or pattern of unlawful
activity related to the offense.'';
(2) in subsection (b)(1)(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.''.
TITLE IV--LAW ENFORCEMENT BLOCK GRANTS
SEC. 401. BLOCK GRANT PROGRAM.
Title I of the Violent Crime Control and Law Enforcement Act of 1994
is amended to read as follows:
``TITLE I--LAW ENFORCEMENT BLOCK GRANTS
SEC. ``101. PAYMENTS TO LOCAL GOVERNMENTS.
``(a) Payment and Use.--
``(1) Payment.--The Director of the Bureau of Justice Assistance,
shall pay to each unit of general local government which qualifies for a
payment under this title an amount equal to the sum of any amounts
allocated to such unit under this title for each payment period. The
Director of the Bureau of Justice Assistance shall pay such amount from
amounts appropriated under section 102.
``(2) Use.--Amounts paid to a unit of general local government under
this section shall be used by that unit for carrying out one or more of
the following purposes:
``(A) Grants to local law enforcement organizations to--
``(i) hire, train, and employ on a continuing basis new, additional
law enforcement officers and necessary support personnel;
``(ii) pay overtime to presently employed law enforcement officers and
necessary support personnel for the purpose of increasing the number of
hours worked by such personnel; and
``(iii) procure equipment, technology, and other material that is
directly related to the basic law enforcement functions of the law
enforcement agency that is the intended beneficiary of the expenditure
of such funds by the unit of local government.
``(B) Grants to local educational agencies or to a local law
enforcement agency with jurisdiction over a school district, as
appropriate, to pay for enhanced school security measures including--
``(i) providing increased police patrols in and around schools,
whether through the hiring of additional police officers or paying
overtime to presently employed officers;
``(ii) purchasing police equipment necessary to carry out normal
police functions in and around schools;
``(iii) equipping schools with metal detectors, fences, closed circuit
cameras, and other physical safety measures; and
``(iv) gun hotlines designed to facilitate the reporting of weapons
possession by students and other persons in and around schools.
``(C) Grants to local nonprofit organizations which have or intend to
establish citizen neighborhood watch programs, provided that the program
operated or to be operated by the organization--
``(i) is presently operating or will become operational within six
months from the date of any grant application submitted pursuant to
section 404 for this purpose;
``(ii) is established pursuant to guidelines issued by a local law
enforcement agency; and
``(iii) provides for the active, on-going involvement of a local law
enforcement agency to provide advice to the organization with respect to
the community-watch operation.
``(D) Grants for programs that have as their principal purpose the
teaching of citizenship and moral standards, including programs using
law enforcement officials as role models, provided that such programs
are supervised, organized, or participated in by law enforcement
officials.
``(b) Timing of Payments.--The Director of the Bureau of Justice
Assistance shall pay each amount allocated under this title to a unit of
general local government for a payment period by--
``(1) 90 days after the date the amount is available; or
``(2) the first day of the payment period if the unit of general local
government has provided the Director of the Bureau of Justice Assistance
with the assurances required by section 403(d),
whichever is later.
``(c) Adjustments.--
``(1) In general.--Subject to paragraph (2), the Director of the
Bureau of Justice Assistance shall adjust a payment under this title to
a unit of general local government to the extent that a prior payment to
the government was more or less than the amount required to be paid.
``(2) Considerations.--The Director of the Bureau of Justice
Assistance may increase or decrease under this subsection a payment to a
unit of general local government only if the Director of the Bureau of
Justice Assistance determines the need for the increase or decrease, or
the unit requests the increase or decrease, within one year after the
end of the payment period for which the payment was made.
``(d) Reservation for Adjustment.--The Director of the Bureau of
Justice Assistance may reserve a percentage of not more than two percent
of the amount under this section for a payment period for all units of
general local government in a State if the Director of the Bureau of
Justice Assistance considers the reserve is necessary to ensure the
availability of sufficient amounts to pay adjustments after the final
allocation of amounts among the units of general local government in the
State.
``(e) Repayment of Unexpended Amounts.--
``(1) Repayment required.--A unit of general local government shall
repay to the Director of the Bureau of Justice Assistance, by not later
than 27 months after receipt from the Director of the Bureau of Justice
Assistance, any amount that is--
``(A) paid to the unit from amounts appropriated under the authority
of this section; and
``(B) not expended by the unit within two years after receipt of such
funds from the Director of the Bureau of Justice Assistance.
``(2) Penalty for failure to repay.--If the amount required to be
repaid is not repaid, the Director of the Bureau of Justice Assistance
shall reduce payment in future payment periods accordingly.
``(3) Deposit of amounts repaid.--Amounts received by the Director of
the Bureau of Justice Assistance as repayments under this subsection
shall be deposited in a designated fund for future payments to units of
general local government.
``(f) Nonsupplanting Requirement.--Funds made available under this
title to units of local government shall not be used to supplant State
or local funds, but will be used to increase the amount of funds that
would, in the absence of funds under this title, be made available from
State or local sources.
``SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this title--
``(1) 2,000,000,000 for fiscal year 1996;
``(2) 2,000,000,000 for fiscal year 1997;
``(3) 2,000,000,000 for fiscal year 1998;
``(4) 2,000,000,000 for fiscal year 1999; and
``(5) 2,000,000,000 for fiscal year 2000.
``Such sums are to remain available until expended.
``(b) Administrative Costs.--Not more than 2.5 percent of the amount
authorized to be appropriated under subsection (b) is authorized to be
appropriated period beginning on the first day of fiscal year 1995 and
ending on the last day of fiscal year 2000 to be available for
administrative costs by the Director of the Bureau of Justice Assistance
in furtherance of the purposes of the program. Such sums are to remain
available until expended.
``SEC. 103. QUALIFICATION FOR PAYMENT.
``(a) In General.--The Director of the Bureau of Justice Assistance
shall issue regulations establishing procedures under which eligible
units of general local government are required to provide notice to the
Director of the Bureau of Justice Assistance of the units' proposed use
of assistance under this title.
``(b) General Requirements for Qualification.--A unit of general local
government qualifies for a payment under this title for a payment period
only if the unit establishes, to the satisfaction of the Director, of
the Bureau of Justice Assistance that--
``(1) the government will establish a trust fund in which the
government will deposit all payments received under this title;
``(2) the government will use amounts in the trust fund ``(including
interest) during a period not to exceed two years from the date the
first grant payment is made to the government;
``(3) the government will expend the payments so received in
accordance with the laws and procedures that are applicable to the
expenditure of revenues of the government;
``(4) the government will use accounting, audit, and fiscal procedures
that conform to guidelines which shall be prescribed by the Director of
the Bureau of Justice Assistance after consultation with the Comptroller
General of the United States and as applicable, amounts received under
this title shall be audited in compliance with the Single Audit Act of
1984;
``(5) after reasonable notice to the government, the government will
make available to the Director of the Bureau of Justice Assistance and
the Comptroller General of the United States, with the right to inspect,
records that the Director of the Bureau of Justice Assistance reasonably
requires to review compliance with this title or that the Comptroller
General of the United States reasonably requires to review compliance
and operation;
``(6) the government will make reports the Director of the Bureau of
Justice Assistance reasonably requires, in addition to the annual
reports required under this title; and
``(7) the government will spend the funds only for the purposes set
forth in section 101(a)(2).
``(c) Review by Governors.--A unit of general local government shall
give the chief executive officer of the State in which the government is
located an opportunity for review and comment before establishing
compliance with subsection (d).
``(d) Sanctions for Noncompliance.--
``(1) In general.--If the Director of the Bureau of Justice Assistance
decides that a unit of general local government has not complied
substantially with subsection (b) or regulations prescribed under
subsection (b), the Director of the Bureau of Justice Assistance shall
notify the government. The notice shall state that if the government
does not take corrective action by the 60th day after the date the
government receives the notice, the Director of the Bureau of Justice
Assistance will withhold additional payments to the government for the
current payment period and later payment periods until the Director of
the Bureau of Justice Assistance is satisfied that the government--
``(A) has taken the appropriate corrective action; and
``(B) will comply with subsection (b) and regulations prescribed under
subsection (b).
``(2) Notice.--Before giving notice under paragraph (1), the Director
of the Bureau of Justice Assistance shall give the chief executive
officer of the unit of general local government reasonable notice and an
opportunity for comment.
``(3) Payment conditions.--The Director of the Bureau of Justice
Assistance may make a payment to a unit of general local government
notified under paragraph (1) only if the Director of the Bureau of
Justice Assistance is satisfied that the government--
``(A) has taken the appropriate corrective action; and
``(B) will comply with subsection (b) and regulations prescribed under
subsection (b).
``SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Distribution.--For each payment period, the Director of
the Bureau of Justice Assistance shall allocate out of the amount
appropriated for the period under the authority of section 102--
``(1) 0.25 percent to each State; and
``(2) of the total amount of funds remaining after allocation under
paragraph (1), an amount that is equal to the ratio that the number of
part 1 violent crimes reported by such State to the Federal Bureau of
Investigation for 1993, bears to the number of part 1 violent crimes
reported by all States to the Federal Bureau of Investigation for 1993.
``(b) Local Distribution.--
``(1) The Director of the Bureau of Justice Assistance shall allocate
among the units of general local government in a State the amount
allocated to the State under paragraphs (1) and (2) of subsection (a).
``(2) The Director of the Bureau of Justice Assistance shall allocate
to each unit of general local government an amount which--
``(A) bears the ratio that the number of part 1 violent crimes
reported by such unit to the Federal Bureau of Investigation for 1993
bears to the number of part 1 violent crimes reported by all units in
the State in which the unit is located to the Federal Bureau of
Investigation for 1993 multiplied by the ratio of the population living
in all units in the State in which the unit is located that reported
part 1 violent crimes to the Federal Bureau of Investigation for 1993
bears to the population of the State; or
``(B) if such data are not available for a unit, the ratio that the
population of such unit bears to the population of all units in the
State in which the unit is located for which data are not available
multiplied by the ratio of the population living in units in the State
in which the unit is located for which data are not available bears to
the population of the State.
``(3) If under paragraph (2) a unit is allotted less than $5,000 for
the payment period, the amount allotted shall be transferred to the
Governor of the State who shall equitably distribute the allocation to
all such units or consortia thereof.
``(4)(A) If there is in a State a unit of general local government
that has been incorporated since the date of the collection of the data
used by the Director of the Bureau of Justice Assistance in making
allocations pursuant to this section, the Director of the Bureau of
Justice Assistance shall allocate to this newly incorporated local
government, out of the amount allocated to the State under this section,
an amount bearing the same ratio to the amount allocated to the State as
the population of the newly incorporated local government bears to the
population of the State.
``(B) If there is in the State a unit of general local government that
has been annexed since the date of the collection of the data used by
the Director of the Bureau of Justice Assistance in making allocations
pursuant to this section, the Director of the Bureau of Justice
Assistance shall pay the amount that would have been allocated to this
local government to the unit of general local government that annexed
it.
``(c) Unavailability of Information.--For purposes of this section, if
data regarding part 1 violent crimes in any State for 1993 is
unavailable or substantially inaccurate, the Director of the Bureau of
Justice Assistance shall utilize the best available comparable data
regarding the number of violent crimes for 1993 for such State for the
purposes of allocation of any funds under this title.
``SEC. 105. UTILIZATION OF PRIVATE SECTOR.
``Funds or a portion of funds allocated under this subsection may be
utilized to contract with private, nonprofit entities or community-based
organizations to carry out the uses specified under section 401(a)(2).
``SEC. 106. PUBLIC PARTICIPATION.
``A unit of general local government expending payments under this
title shall hold at least one public hearing on the proposed use of the
payment in relation to its entire budget. At the hearing, persons shall
be given an opportunity to provide written and oral views to the
governmental authority responsible for enacting the budget and to ask
questions about the entire budget and the relation of the payment to the
entire budget. The government shall hold the hearing at a time and a
place that allows and encourages public attendance and participation.
``SEC. 107. ADMINISTRATIVE PROVISIONS.
``The administrative provisions of part H of the Omnibus Crime Control
and Safe Streets Act of 1968, shall apply to this title.
``SEC. 108. DEFINITIONS.
``For the purposes of this title:
``(1) The term ``unit of general local government'' means--
``(A) a county, township, city, or political subdivision of a county,
township, or city, that is a unit of general local government as
determined by the Secretary of Commerce for general statistical
purposes; and
``(B) the District of Columbia and the recognized governing body of an
Indian tribe or Alaskan Native village that carries out substantial
governmental duties and powers.
``(2) The term ``payment period'' means each one -year period
beginning on October 1 of any year in which a grant under this title is
awarded.
``(3) The term ``State'' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands, except
that American Samoa, Guam, and the Northern Mariana Islands shall be
considered as one State and that, for purposes of section 404(a), 33 per
centum of the amounts allocated shall be allocated to American Samoa, 50
per centum to Guam, and 17 per centum to the Northern Mariana Islands.
``(4) `Juvenile' means an individual who is 17 years of age or
younger.
``(5) `Part 1 violent crimes' means murder and non-negligent
manslaughter, forcible rape, robbery, and aggravated assault as reported
to the Federal Bureau of Investigation for purposes of the Uniform Crime
Reports.''.
TITLE V--TRUTH IN SENTENCING GRANTS
SEC. 501. TRUTH IN SENTENCING GRANT PROGRAM.
Title V of the Violent Crime Control and Law Enforcement Act of 1994
is amended to read as follows:
``TITLE V--TRUTH IN SENTENCING GRANTS
``SEC. 501. AUTHORIZATION OF GRANTS.
``(a) In General.--The Attorney General is authorized to provide
grants to eligible States and to eligible States organized as 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, including facilities on military bases, for the confinement
of convicted nonviolent offenders and criminal aliens for the purpose of
freeing suitable existing prison space for the confinement of persons
convicted of a serious violent felony.
``(b) Limitation.--An eligible State or eligible States organized as
regional compacts may receive either a general grant under section 502
or a truth-in-sentencing incentive grant under section 503.
``SEC. 502. GENERAL GRANTS.
``(a) Distribution of General Grants.--50 percent of the total amount
of funds made available under this title for each of the fiscal years
1995 through 2000 shall be made available for general eligibility grants
for each State or States organized as regional compacts that meet the
requirements under subsection (b).

``(b) General Grants.--In order to be eligible to receive funds under
subsection (a), a State or States organized as regional compacts shall
submit an application to the Attorney General that provides assurances
that such State since 1993 has--
``(1) increased the percentage of convicted violent offenders
sentenced to prison;
``(2) increased the average prison time actually to be served in
prison by convicted violent offenders sentenced to prison; and
``(3) increased the percentage of sentence to be actually served in
prison by violent offenders sentenced to prison.

``SEC. 503. TRUTH IN SENTENCING GRANTS.
``(a) Truth in Sentencing Incentive Grants.--50 percent of the total
amount of funds made available under this title for each of the fiscal
years 1995 through 2000 shall be made available for truth-in-sentencing
incentive grants to each State or States organized as regional compacts
that meet the requirements of subsection (c).

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

``SEC. 504. SPECIAL RULES.
``(a) Indeterminant Sentencing Exception.--Notwithstanding the
provisions of paragraphs (1) through (3) of section 502(b), any State in
which on the date of enactment of this section practices indeterminant
sentencing and the average times served for the offenses of murder,
rape, robbery, and assault exceed, by 10 percent or greater, the
national average of times served for such offenses in State systems
shall be eligible for grants under subsection (a)(1).

``(b) Exception.--The requirements under section 502(b) shall apply,
except that a State may provide that the Governor of the State may allow
for the release of a prisoner over the age of 70 after a public hearing
in which representatives of the public and the prisoner's victims have
an opportunity to be heard regarding a proposed release.
``SEC. 505. FORMULA FOR GRANTS.
``To determine the amount of funds that each eligible State or
eligible States organized as regional compacts may receive to carry out
programs under section 502 or 503, the Attorney General shall apply the
following formula:

``(1) $500,000 or 0.40 percent, whichever is greater shall be
allocated to each participating State; and
``(2) of the total amount of funds remaining after the allocation
under paragraph (1), there shall be allocated to each State an amount
which bears the same ratio to the amount of remaining funds described in
this paragraph as the population of such State bears to the population
of all the States.
``SEC. 506. ACCOUNTABILITY.
``(a) Fiscal Requirements.--A State or States organized as regional
compacts that receives funds under this title shall use accounting,
audit, and fiscal procedures that conform to guidelines which shall be
prescribed by the Attorney General.
``(b) Reporting.--Each State that receives funds under this title
shall submit an annual report, beginning on January 1, 1996, and each
January 1 thereafter, to the Congress regarding compliance with the
requirements of this title.
``(c) Administrative Provisions.--The administrative provisions of
section 801 and 802 of the Omnibus Crime Control and Safe Streets Act of
1968 shall apply to this title, except that the requirements under such
section shall also apply to the Attorney General.
``SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For purposes of this title, there are authorized to
be appropriated $232,000,000 for fiscal year 1995, $997,500,000 for
fiscal year 1996, $1,330,000,000 for fiscal year 1997, $2,527,000,000
for fiscal year 1998, $2,660,000,000 for fiscal year 1999, and
$2,753,100,000 for fiscal year 2000, to carry out this title and no
funds for other purposes authorized by this Act shall be appropriated in
fiscal years 1995 through 1999 until the programs under this title are
fully funded in such years.
``(b) Limitations on Funds.--
``(1) Uses of funds.--Funds made available under this title may be
used to carry out the purposes described in section 501(a).
``(2) Nonsupplanting requirement.--Funds made available under this
section shall not be used to supplant State funds, but shall be used to
increase the amount of funds that would, in the absence of Federal
funds, be made available from State sources.
``(3) Administrative costs.--Not more than three percent of the funds
available under this section may be used for administrative costs.
``(4) Matching funds.--The Federal share of a grant received under
this title may not exceed 75 percent of the costs of a proposal as
described in an application approved under this title.
``(5) Carry over of appropriations.--Any funds appropriated but not
expended as provided by this section during any fiscal year shall be
carried over and will be made available until expended.
``SEC. 508. DEFINITIONS.
``As used in this title--
``(1) the term `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;
``(2) the term `serious violent felony' means--
(A) an offense that is a felony and has as an element the use,
attempted use, or threatened use of physical force against the person or
property of another and has a maximum term of imprisonment of 10 years
or more,
``(B) any other offense that is a felony and that, by its nature,
involves a substantial risk that physical force against the person or
property of another may be used in the course of committing the offense
and has a maximum term of imprisonment of 10 years or more, or
``(C) such crimes include murder, assault with intent to commit
murder, arson, armed burglary, rape, assault with intent to commit rape,
kidnapping, and armed robbery; and
``(3) the term `State' means a State of the United States, the
District of Columbia, or any commonwealth, territory, or possession of
the United States.''.
TITLE VI--EXCLUSIONARY RULE REFORM
SEC. 601. ADMISSIBILITY OF CERTAIN EVIDENCE.
(a) In General.--Chapter 223 of title 18, United States Code, is
amended by adding at the end the following:
`` 1A3510. Admissibility of evidence obtained by search or seizure
``(a) Evidence Obtained by Objectively Reasonable Search or Seizure.--
Evidence which is obtained as a result of a search or seizure shall not
be excluded in a proceeding in a court of the United States on the
ground that the search or seizure was in violation of the fourth
amendment to the Constitution of the United States, if the search or
seizure was carried out in circumstances justifying an objectively
reasonable belief that it was in conformity with the fourth amendment.
The fact that evidence was obtained pursuant to and within the scope of
a warrant constitutes prima facie evidence of the existence of such
circumstances.
``(b) Evidence Not Excludable by Statute or Rule.--Evidence shall not
be excluded in a proceeding in a court of the United States on the
ground that it was obtained in violation of a statute, an administrative
rule or regulation, or a rule of procedure unless exclusion is expressly
authorized by statute or by a rule prescribed by the Supreme Court
pursuant to statutory authority.
``(c) Rule of Construction.--This section shall not be construed to
require or authorize the exclusion of evidence in any proceeding.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 223 of title 18, United States Code, is amended by adding at the
end the following:
``3510. Admissibility of evidence obtained by search or seizure.''.
TITLE VII--STOPPING ABUSIVE PRISONER LAWSUITS
SEC. 701. EXHAUSTION REQUIREMENT.
Section 8(a)(1) of the Civil Rights of Institutionalized Persons Act
(42 U.S.C. 1997e) is amended--
(1) by striking ``in any action brought'' and inserting ``no action
shall be brought'';
(2) by striking ``the court shall'' and all that follows through
``require exhaustion of'' and insert ``until''; and
(3) by inserting ``are exhausted'' after ``available''.
SEC. 702. FRIVOLOUS ACTIONS.
Section 8(a) of the Civil Rights of Institutionalized Persons Act (42
U.S.C. 1997e(a) is amended by adding at the end the following:
``(3) The court shall on its own motion or on motion of a party
dismiss any action brought pursuant to section 1979 of the Revised
Statutes of the United States by an adult convicted of a crime and
confined in any jail, prison, or other correctional facility if the
court is satisfied that the action fails to state a claim upon which
relief can be granted or is frivolous or malicious.
SEC. 703. MODIFICATION OF REQUIRED MINIMUM STANDARDS.
Section 8(b)(2) of the Civil Rights of Institutionalized Persons Act
(42 U.S.C. 1997e(b)(2)) is amended by striking subparagraph (A) and
redesignating subparagraphs (B) through (E) as subparagraphs (A) through
(D), respectively.
SEC. 704. PROCEEDINGS IN FORMA PAUPERIS.
(a) Dismissal.--Section 1915(d) of title 28, United States Code, is
amended--
(1) by inserting ``at any time'' after ``counsel and may''; and
(2) by striking ``and may'' and inserting ``and shall'';
(3) by inserting ``fails to state a claim upon which relief may be
granted or'' after ``that the action''; and
(4) by inserting ``even if partial filing fees have been imposed by
the court'' before the period.
(b) Prisoner's Statement of Assets.--Section 1915 of title 28, United
States Code, is amended by adding at the end the following:
``(f) If a prisoner in a correctional institution files an affidavit
in accordance with subsection (a) of this section, such prisoner shall
include in that affidavit a statement of all assets such prisoner
possesses. The court shall make inquiry of the correctional institution
in which the prisoner is incarcerated for information available to that
institution relating to the extent of the prisoner's assets. The court
shall require full or partial payment of filing fees according to the
prisoner's ability to pay.''.
TITLE VIII--STREAMLINING DEPORTATION OF CRIMINAL ALIENS
SEC. 801. 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. 802. 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. 803. 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. 804. 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. 805. 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. 806. MISCELLANEOUS AND TECHNICAL CHANGES.
(a) Form of Deportation Hearings.--The second sentence of section
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The strongest reason for the people to retain the right to keep and bear arms
is, as a last resort, to protect themselves against tyranny in government.
- Thomas Jefferson, Proposal Virginia Constitution, June 1776
- 1 Thomas Jefferson Papers, 334 (C. J. Boyd, Ed., 1950).