H.R. 3 (104th): Taking Back Our Streets Act of 1995

104th Congress, 1995–1996. Text as of Feb 07, 1995 (Introduced).

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HR 3 IH

104th CONGRESS

1st Session

H. R. 3

To control crime.

IN THE HOUSE OF REPRESENTATIVES

January 4, 1995

Mr. MCCOLLUM, Mr. CANADY, Mr. BARR, and Mr. BREWSTER (for themselves, Mr. ALLARD, Mr. ARMEY, Mr. BACHUS, Mr. BAKER of California, Mr. BALLENGER, Mr. BARTLETT of Maryland, Mr. BARTON of Texas, Mr. BILIRAKIS, Mr. BLILEY, Mr. BLUTE, Mr. BONO, Mr. BUNNING of Kentucky, Mr. BURR, Mr. CALLAHAN, Mr. CALVERT, Mr. CAMP, Mr. CHRISTENSEN, Mr. CHRYSLER, Mr. CLINGER, Mr. COBURN, Mr. COOLEY, Mr. CREMEANS, Mrs. CUBIN, Mr. DAVIS, Mr. DOOLITTLE, Mr. DORNAN, Ms. DUNN, Mr. ENGLISH of Pennsylvania, Mr. EMERSON, Mr. EWING, Mr. EVERETT, Mr. FLANAGAN, Mr. FOLEY, Mr. FORBES, Mrs. FOWLER, Mr. FOX, Mr. FRISA, Mr. GANSKE, Mr. GILCHREST, Mr. GILMAN, Mr. GOODLATTE, Mr. GORDON, Mr. GOSS, Mr. GREENWOOD, Mr. HANCOCK, Mr. HASTERT, Mr. HASTINGS of Washington, Mr. HAYWORTH, Mr. HEINEMAN, Mr. HERGER, Mr. HILLEARY, Mr. HOBSON, Mr. HOKE, Mr. HOSTETTLER, Mr. HUTCHINSON, Mr. INGLIS of South Carolina, Mr. ISTOOK, Mr. JONES, Mr. KIM, Mr. KINGSTON, Mr. KNOLLENBERG, Mr. LAHOOD, Mr. LARGENT, Mr. LATHAM, Mr. LATOURETTE, Mr. LEWIS of Kentucky, Mr. LIGHTFOOT, Mr. LINDER, Mr. MCHUGH, Mr. MCINTOSH, Mr. MICA, Mr. MILLER of Florida, Ms. MOLINARI, Mrs. MYRICK, Mr. NUSSLE, Mr. OXLEY, Mr. PACKARD, Mr. POMBO, Mr. QUINN, Mr. RADANOVICH, Mr. RIGGS, Mr. ROHRABACHER, Mr. ROTH, Mr. ROYCE, Mr. SAXTON, Mr. SENSENBRENNER, Mr. SHADEGG, Mr. SHAW, Mr. SMITH of Michigan, Mr. SMITH of Texas, Mr. SOLOMON, Mr. STEARNS, Mr. STOCKMAN, Mr. STUMP, Mr. TATE, Mr. TAYLOR of North Carolina, Mr. THORNBERRY, Mr. TIAHRT, Mrs. WALDHOLTZ, Mr. WAMP, Mr. WELDON of Pennsylvania, Mr. WELLER, Mr. WICKER, Mr. ZIMMER, Mr. CRAPO, Mr. KOLBE, Mr. PAXON, Mr. YOUNG of Florida, Mr. WELDON of Florida, Mr. COMBEST, Mr. COBLE, Mr. EHRLICH, Mrs. MEYERS of Kansas, and Mr. HUNTER) introduced the following bill; which was referred to the Committee on the Judiciary

February 7, 1995

Additional sponsors: Mr. NORWOOD, Mr. BURTON of Indiana, Mr. MOORHEAD, Mr. CUNNINGHAM, Mrs. VUCANOVICH, Mr. WALKER, Mr. SAM JOHNSON of Texas, Mr. CONDIT, Mr. COLLINS of Georgia, Mr. ROBERTS, Mr. BRYANT of Tennessee, Mr. TALENT, and Mr. PETERSON of Minnesota


A BILL

To control crime.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Taking Back Our Streets Act of 1995’.

    (b) TABLE OF CONTENTS- The table of contents is as follows:

      Sec. 1. Short title; table of contents.

TITLE I--EFFECTIVE DEATH PENALTY

Subtitle A--Habeas Corpus Reform

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

      Sec. 101. Period of limitation for filing writ of habeas corpus following final judgment of a State court.

      Sec. 102. Authority of appellate judges to issue certificates of probable cause for appeal in habeas corpus and Federal collateral relief proceedings.

      Sec. 103. Conforming amendment to the rules of appellate procedure.

      Sec. 104. Discretion to deny habeas corpus application despite failure to exhaust State remedies.

      Sec. 105. Period of limitation for Federal prisoners filing for collateral remedy.

Chapter 2--Special Procedures for Collateral Proceedings in Capital Cases

      Sec. 106. Death penalty litigation procedures.

Chapter 3--Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases

      Sec. 107. Funding for death penalty prosecutions.

Subtitle B--Federal Death Penalty Procedures Reform

      Sec. 111. Federal death penalty procedures reform.

TITLE II--DETERRING GUN CRIMES

      Sec. 201. Mandatory prison terms for use, possession, or carrying of a firearm or destructive device during a State crime of violence or State drug trafficking crime.

TITLE III--MANDATORY VICTIM RESTITUTION

      Sec. 301. Mandatory restitution and other provisions.

TITLE IV--LAW ENFORCEMENT BLOCK GRANTS

      Sec. 401. Block grant program.

TITLE V--TRUTH IN SENTENCING GRANTS

      Sec. 501. Truth in sentencing grant program.

TITLE VI--EXCLUSIONARY RULE REFORM

      Sec. 601. Admissibility of certain evidence.

TITLE VII--STOPPING ABUSIVE PRISONER LAWSUITS

      Sec. 701. Exhaustion requirement.

      Sec. 702. Frivolous actions.

      Sec. 703. Modification of required minimum standards.

      Sec. 704. Proceedings in forma pauperis.

TITLE VIII--FURTHER STREAMLINING DEPORTATION OF CRIMINAL ALIENS

      Sec. 801. Additional expansion of definition of aggravated felony.

      Sec. 802. Deportation procedures for certain criminal aliens who are not permanent residents.

      Sec. 803. Restricting defenses to deportation for certain criminal aliens.

      Sec. 804. Limitation on collateral attacks on underlying deportation order.

      Sec. 805. Criminal alien tracking center.

      Sec. 806. Miscellaneous provisions.

      Sec. 807. Construction of expedited deportation requirements.

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

      Sec. 901. Deletion or replacement of programs.

TITLE I--EFFECTIVE DEATH PENALTY

Subtitle A--Habeas Corpus Reform

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

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

    Section 2244 of title 28, United States Code, is amended by adding at the end the following:

    ‘(d) A one-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of the following times:

      ‘(1) The time at which State remedies are exhausted.

      ‘(2) The time at which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, where the applicant was prevented from filing by such State action.

      ‘(3) The time at which the Federal right asserted was initially recognized by the Supreme Court, where the right has been newly recognized by the Court and is retroactively applicable.

      ‘(4) The time at which the factual predicate of the claim or claims presented could have been discovered through the exercise of reasonable diligence.’.

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

    Section 2253 of title 28, United States Code, is amended to read as follows:

‘Sec. 2253. Appeal

    ‘(a) In a habeas corpus proceeding or a proceeding under section 2255 of this title before a circuit or district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit where the proceeding is had.

    ‘(b) There shall be no right of appeal from such an order in a proceeding to test the validity of a warrant to remove, to another district or place for commitment or trial, a person charged with a criminal offense against the United States, or to test the validity of his detention pending removal proceedings.

    ‘(c) An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, or from the final order in a proceeding under section 2255 of this title, unless a circuit justice or judge issues a certificate of probable cause. A certificate of probable cause may only issue if the petitioner has made a substantial showing of the denial of a Federal right. The certificate of probable cause must indicate which specific issue or issues satisfy this standard.’.

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

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

‘RULE 22

‘HABEAS CORPUS AND SECTION 2255 PROCEEDINGS

    ‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HABEAS CORPUS- An application for a writ of habeas corpus shall be made to the appropriate district court. If application is made to a circuit judge, the application will ordinarily be transferred to the appropriate district court. If an application is made to or transferred to the district court and denied, renewal of the application before a circuit judge is not favored; the proper remedy is by appeal to the court of appeals from the order of the district court denying the writ.

    ‘(b) NECESSITY OF CERTIFICATE OF PROBABLE CAUSE FOR APPEAL- In a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court, and in a motion proceeding pursuant to section 2255 of title 28, United States Code, an appeal by the applicant or movant may not proceed unless a circuit judge issues a certificate of probable cause. If a request for a certificate of probable cause is addressed to the court of appeals, it shall be deemed addressed to the judges thereof and shall be considered by a circuit judge or judges as the court deems appropriate. If no express request for a certificate is filed, the notice of appeal shall be deemed to constitute a request addressed to the judges of the court of appeals. If an appeal is taken by a State or the Government or its representative, a certificate of probable cause is not required.’.

SEC. 104. DISCRETION TO DENY HABEAS CORPUS APPLICATION DESPITE FAILURE TO EXHAUST STATE REMEDIES.

    Section 2254(b) of title 28, United State Code, is amended to read as follows:

    ‘(b) An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State, or that there is either an absence of available State corrective process or the existence of circumstances rendering such process ineffective to protect the rights of the applicant. An application may be denied on the merits notwithstanding the failure of the applicant to exhaust the remedies available in the courts of the State.’.

SEC. 105. PERIOD OF LIMITATION FOR FEDERAL PRISONERS FILING FOR COLLATERAL REMEDY.

    Section 2255 of title 28, United States Code, is amended by striking the second paragraph and the penultimate paragraph thereof, and by adding at the end the following new paragraphs:

    ‘A two-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of the following times:

      ‘(1) The time at which the judgment of conviction becomes final.

      ‘(2) The time at which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, where the movant was prevented from making a motion by such governmental action.

      ‘(3) The time at which the right asserted was initially recognized by the Supreme Court, where the right has been newly recognized by the Court and is retroactively applicable.

      ‘(4) The time at which the factual predicate of the claim or claims presented could have been discovered through the exercise of reasonable diligence.’.

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

SEC. 106. DEATH PENALTY LITIGATION PROCEDURES.

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

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

      ‘Sec.

      ‘2256. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment.

      ‘2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.

      ‘2258. Filing of habeas corpus petition; time requirements; tolling rules.

      ‘2259. Certificate of probable cause inapplicable.

      ‘2260. Application to State unitary review procedures.

      ‘2261. Limitation periods for determining petitions.

      ‘2262. Rule of construction.

‘Sec. 2256. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment

    ‘(a) This chapter shall apply to cases arising under section 2254 brought by prisoners in State custody who are subject to a capital sentence. It shall apply only if the provisions of subsections (b) and (c) are satisfied.

    ‘(b) This chapter is applicable if a State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation and payment of reasonable litigation expenses of competent counsel in State postconviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. The rule of court or statute must provide standards of competency for the appointment of such counsel.

    ‘(c) Any mechanism for the appointment, compensation and reimbursement of counsel as provided in subsection (b) must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing one or more counsel to represent the prisoner upon a finding that the prisoner is indigent and accepted the offer or is unable competently to decide whether to accept or reject the offer; (2) finding, after a hearing if necessary, that the prisoner rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent.

    ‘(d) No counsel appointed pursuant to subsections (b) and (c) to represent a State prisoner under capital sentence shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made unless the prisoner and counsel expressly request continued representation.

    ‘(e) The ineffectiveness or incompetence of counsel during State or Federal collateral postconviction proceedings in a capital case shall not be a ground for relief in a proceeding arising under section 2254 of this chapter. This limitation shall not preclude the appointment of different counsel, on the court’s own motion or at the request of the prisoner, at any phase of State or Federal

postconviction proceedings on the basis of the ineffectiveness or incompetence of counsel in such proceedings.

‘Sec. 2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions

    ‘(a) Upon the entry in the appropriate State court of record of an order under section 2256(c), a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed under section 2254. The application must recite that the State has invoked the postconviction review procedures of this chapter and that the scheduled execution is subject to stay.

    ‘(b) A stay of execution granted pursuant to subsection (a) shall expire if--

      ‘(1) a State prisoner fails to file a habeas corpus petition under section 2254 within the time required in section 2258, or fails to make a timely application for court of appeals review following the denial of such a petition by a district court;

      ‘(2) upon completion of district court and court of appeals review under section 2254 the petition for relief is denied and (A) the time for filing a petition for certiorari has expired and no petition has been filed; (B) a timely petition for certiorari was filed and the Supreme Court denied the petition; or (C) a timely petition for certiorari was filed and upon consideration of the case, the Supreme Court disposed of it in a manner that left the capital sentence undisturbed; or

      ‘(3) before a court of competent jurisdiction, in the presence of counsel and after having been advised of the consequences of his decision, a State prisoner under capital sentence waives the right to pursue habeas corpus review under section 2254.

    ‘(c) If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution or grant relief in a capital case unless--

      ‘(1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts;

      ‘(2) the failure to raise the claim is (A) the result of State action in violation of the Constitution or laws of the United States; (B) the result of the Supreme Court recognition of a new Federal right that is retroactively applicable; or (C) based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal postconviction review; and

      ‘(3) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error, no reasonable fact finder would have found the petitioner guilty of the underlying offense or eligible for the death penalty under State law.

    ‘(d) Notwithstanding any other provision of law, no Federal district court or appellate judge shall have the authority to enter a stay of execution, issue injunctive relief, or grant any equitable or other relief in a capital case on any successive habeas petition (or other action which follows the final determination of a first habeas corpus petition) unless the court first determines the petition or other action does not constitute an abuse of the writ. This determination shall be made only by the district judge or appellate panel who adjudicated the merits of the original habeas petition (or to the district judge or appellate panel to which the case may have been subsequently assigned as a result of the unavailability of the original court or judges). In the Federal courts of appeal, a stay may issue pursuant to the terms of this provision only when a majority of the original panel or majority of the active judges determines the petition does not constitute an abuse of the writ.

‘Sec. 2258. Filing of habeas corpus petition; time requirements; tolling rules

    ‘Any petition for habeas corpus relief under section 2254 must be filed in the appropriate district court within one hundred and eighty days from the filing in the appropriate State court of record of an order under section 2256(c). The time requirements established by this section shall be tolled--

      ‘(1) from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner files the petition to secure review by the Supreme Court of the affirmance of a capital sentence on direct review by the court of last resort of the State or other final State court decision on direct review;

      ‘(2) during any period in which a State prisoner under capital sentence has a properly filed request for postconviction review pending before a State court of competent jurisdiction; if all State filing rules are met in a timely manner, this period shall run continuously from the date that the State prisoner initially files for postconviction review until final disposition of the case by the highest court of the State, but the time requirements established by this section are not tolled during the pendency of a petition for certiorari before the Supreme Court except as provided in paragraph (1); and

      ‘(3) during an additional period not to exceed sixty days, if (A) a motion for an extension of time is filed in the Federal district court that would have proper jurisdiction over the case upon the filing of a habeas corpus petition under section 2254; and (B) a showing of good cause is made for the failure to file the habeas corpus petition within the time period established by this section.

‘Sec. 2259. Certificate of probable cause inapplicable

    ‘The requirement of a certificate of probable cause in order to appeal from the district court to the court of appeals does not apply to habeas corpus cases subject to the provisions of this chapter except when a second or successive petition is filed.

‘Sec. 2260. Application to State unitary review procedure

    ‘(a) For purposes of this section, a ‘unitary review’ procedure means a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of the judgment, such claims as could be raised on collateral attack. The provisions of this chapter shall apply, as provided in this section, in relation to a State unitary review procedure if the State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation and payment of reasonable litigation expenses of competent counsel in the unitary review proceedings, including expenses relating to the litigation of collateral claims in the proceedings. The rule of court or statute must provide standards of competency for the appointment of such counsel.

    ‘(b) A unitary review procedure, to qualify under this section, must include an offer of counsel following trial for the purpose of representation on unitary review, and entry of an order, as provided in section 2256(c), concerning appointment of counsel or waiver or denial of appointment of counsel for that purpose. No counsel appointed to represent the prisoner in the unitary review proceedings shall have previously represented the prisoner at trial in the case for which the appointment is made unless the prisoner and counsel expressly request continued representation.

    ‘(c) Sections 2257, 2258, 2259, and 2261 shall apply in relation to cases involving a sentence of death from any State having a unitary review procedure that qualifies under this section. References to State ‘post-conviction review’ and ‘direct review’ in those sections shall be understood as referring to unitary review under the State procedure. The references in sections 2257(a) and 2258 to ‘an order under section 2256(c)’ shall be understood as referring to the post-trial order under subsection (b) concerning representation in the unitary review proceedings, but if a transcript of the trial proceedings is unavailable at the time of the filing of such an order in the appropriate State court, then the start of the one hundred and eighty day limitation period under section 2258 shall be deferred until a transcript is made available to the prisoner or his counsel.

‘Sec. 2261. Limitation periods for determining petitions

    ‘(a)(1) A Federal district court shall determine such a petition or motion within 60 days of any argument heard on an evidentiary hearing, or where no evidentiary hearing is held, within 60 days of any final argument heard in the case.

    ‘(2)(A) The court of appeals shall determine any appeal relating to such a petition or motion within 90 days after the filing of any reply brief or within 90 days after such reply brief would be due. For purposes of this provision, any reply brief shall be due within 14 days of the opposition brief.

    ‘(B) The court of appeals shall decide any petition for rehearing and or request by an appropriate judge for

rehearing en banc within 20 days of the filing of such a petition or request unless a responsive pleading is required in which case the court of appeals shall decide the application within 20 days of the filing of the responsive pleading. If en banc consideration is granted, the en banc court shall determine the appeal within 90 days of the decision to grant such consideration.

    ‘(3) The time limitations contained in paragraphs (1) and (2) may be extended only once for 20 days, upon an express good cause finding by the court that the interests of justice warrant such a one-time extension. The specific grounds for the good cause finding shall be set forth in writing in any extension order of the court.

    ‘(b) The time limitations under subsection (a) shall apply to an initial petition or motion, and to any second or successive petition or motion. The same limitations shall also apply to the re-determination of a petition or motion or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings, and in such a case the limitation period shall run from the date of the remand.

    ‘(c) The time limitations under this section shall not be construed to entitle a petitioner or movant to a stay of execution, to which the petitioner or movant would otherwise not be entitled, for the purpose of litigating any petition, motion, or appeal.

    ‘(d) The failure of a court to meet or comply with the time limitations under this section shall not be a ground for granting relief from a judgment of conviction or sentence. The State or Government may enforce the time limitations under this section by applying to the court of appeals or the Supreme Court for a writ of mandamus.

    ‘(e) The Administrative Office of United States Courts shall report annually to Congress on the compliance by the courts with the time limits established in this section.

    ‘(f) The adjudication of any petition under section 2254 of this title that is subject to this chapter, and the adjudication of any motion under section 2255 of this title by a person under sentence of death, shall be given priority by the district court and by the court of appeals over all noncapital matters.

‘Sec. 2262. Rule of construction

    ‘This chapter shall be construed to promote the expeditious conduct and conclusion of State and Federal court review in capital cases.’.

    (b) CLERICAL AMENDMENT- The table of chapters at the beginning of part VI of title 28, United States Code, is amended by inserting after the item relating to chapter 153 the following new item:

2256’.

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

SEC. 107. FUNDING FOR DEATH PENALTY PROSECUTIONS.

    Part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new section:

    ‘SEC. 515. Notwithstanding any other provision of this subpart, the Director shall provide grants to the States, from the funding allocated pursuant to section 511, for the purpose of supporting litigation pertaining to Federal habeas corpus petitions in capital cases. The total funding available for such grants within any fiscal year shall be equal to the funding provided to capital resource centers, pursuant to Federal appropriation, in the same fiscal year.’.

Subtitle B--Federal Death Penalty Procedures Reform

SEC. 111. FEDERAL DEATH PENALTY PROCEDURES REFORM.

    (a) IN GENERAL- Subsection (e) of section 3593 of title 18, United States Code, is amended by striking ‘Based upon this consideration’ and all that follows through the end of such subsection and inserting the following: ‘The jury, or if there is no jury, the court, shall then consider whether the aggravating factor or factors found to exist outweigh any mitigating factors. The jury, or if there is no jury, the court shall recommend a sentence of death if it unanimously finds at least one aggravating factor and no mitigating factor or if it finds one or more aggravating factors which outweigh any mitigating factors. In any other case, it shall not recommend a sentence of death. The jury shall be instructed that it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision, and should make such a recommendation as the information warrants. The jury shall be instructed that its recommendation concerning a sentence of death is to be based on the aggravating factor or factors and any mitigating factors which have been found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury’s judgment.’.

    (b) CONFORMING AMENDMENT- Section 3594 of title 18, United States Code, is amended by striking ‘or life imprisonment without possibility of release’.

TITLE II--DETERRING GUN CRIMES

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

    Section 924(c) of title 18, United States Code, is amended to read as follows:

    ‘(c)(1)(A)(i) A person who, during and in relation to a serious violent felony or serious drug offense (including a serious violent felony or serious drug offense that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of any State--

      ‘(I) knowingly carries a firearm, shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to imprisonment for not less than 5 years;

      ‘(II) knowingly uses a firearm, shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to imprisonment for not less than 10 years; or

      ‘(III) discharges a firearm with the intent to injure another person, shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to imprisonment for not less than 30 years;

    except that if the firearm is a machinegun or destructive device or is equipped with a firearm silencer or firearm muffler, the person shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to life imprisonment.

    ‘(B) Subparagraph (A) shall not apply to the conduct of a person in defense of person or property during the course of a crime committed by another person (including the arrest or attempted arrest of such other person during or immediately after the commission of the crime), unless the person engaged in or participated in criminal conduct that gave rise to the criminal conduct of such other person.

    ‘(C) It is the intent of the Congress that--

      ‘(i) this paragraph shall be used to supplement but not supplant the efforts of State and local prosecutors in prosecuting serious violent felonies and serious drug offenses that could be prosecuted under State law; and

      ‘(ii) the Attorney General shall give due deference to the interest that a State or local prosecutor has in prosecuting a person under State law.

    ‘(2)(A)(i) A person who, during and in relation to a crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States--

      ‘(I) knowingly carries a firearm, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for not less than 5 years;

      ‘(II) knowingly uses a firearm, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for not less than 10 years; or

      ‘(III) discharges a firearm with the intent to injure another person, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for not less than 20 years.

    ‘(ii) A person who, during and in relation to a crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States--

      ‘(I) knowingly carries a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for not less than 10 years;

      ‘(II) knowingly uses a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for not less than 15 years; or

      ‘(III) discharges a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon with the intent to injure another person, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for not less than 25 years.

    ‘(iii) A person who, during and in relation to a crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may

be prosecuted in a court of the United States, knowingly carries or knowingly uses a firearm that is a machinegun or destructive device or is equipped with a firearm silencer or firearm muffler, or discharges such a firearm with the intent to injure another person, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for not less than 30 years.

    ‘(B) A person who has been convicted under this subsection and who, during and in relation to a crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States--

      ‘(i) knowingly carries a firearm, shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to imprisonment for not less than 10 years;

      ‘(ii) knowingly uses a firearm, shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to imprisonment for not less than 20 years; or

      ‘(iii) discharges a firearm with the intent to injure another person, shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to imprisonment for not less than 20 years;

    except that, if the firearm is a machinegun or destructive device or is equipped with a firearm silencer or firearm muffler, the person shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to imprisonment for not less than 30 years.

    ‘(ii) A person who has been convicted under this subsection and who, during and in relation to a serious violent felony or serious drug offense (including a serious violent felony or serious drug offense that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of any State--

      ‘(I) knowingly carries a firearm, shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to imprisonment for not less than 10 years;

      ‘(II) knowingly uses a firearm, shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to imprisonment for not less than 20 years; or

      ‘(III) discharges a firearm with the intent to injure another person, shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to imprisonment for not less than 30 years;

    except that if the firearm is a machinegun or destructive device or is equipped with a firearm silencer or firearm muffler, the person shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to life imprisonment.

    ‘(3)(A) Notwithstanding any other provision of law, the court shall not impose a probationary sentence on any person convicted of a violation of this subsection, nor shall a term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the serious violent felony, serious drug offense, crime of violence, or drug trafficking crime in which the firearm was used.

    ‘(B) No person sentenced under this subsection shall be released for any reason whatsoever during a term of imprisonment imposed under this subsection.

    ‘(4) As used in this subsection:

      ‘(A) The term ‘serious violent felony’ means--

        ‘(i) a crime of violence; or

        ‘(ii) a serious violent felony (as defined in section 3559(c)(2)(F)).

      ‘(B) The term ‘serious drug offense’ means--

        ‘(i) a drug trafficking crime;

        ‘(ii) an offense that is punishable under section 401(b)(1)(B) or section 408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(B), 848), or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)(A)); or

        ‘(III) an offense under State law that, had the offense been prosecuted in a court of the United States, would have been punishable under section 401(b)(1)(B) or section 408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(B), 848), or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)(A)).

      ‘(C) The term ‘crime of violence’ means an offense that is a felony and--

        ‘(i) has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or

        ‘(ii) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

      ‘(D) The term ‘drug trafficking crime’ means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).’.

TITLE III--MANDATORY VICTIM RESTITUTION

SEC. 301. MANDATORY RESTITUTION AND OTHER PROVISIONS.

    (a) ORDER OF RESTITUTION- Section 3663 of title 18, United States Code, is amended--

      (1) in subsection (a)--

        (A) by striking ‘may order’ and inserting ‘shall order’; and

        (B) by adding at the end the following new paragraph:

    ‘(4) In addition to ordering restitution of the victim of the offense of which a defendant is convicted, a court may order restitution of any person who, as shown by a preponderance of evidence, was harmed physically, emotionally, or pecuniarily, by unlawful conduct of the defendant during--

      ‘(A) the criminal episode during which the offense occurred; or

      ‘(B) the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense.’;

      (2) in subsection (b)(1)(B) by striking ‘impractical’ and inserting ‘impracticable’;

      (3) in subsection (b)(2) by inserting ‘emotional or’ after ‘resulting in’;

      (4) in subsection (b)--

        (A) by striking ‘and’ at the end of paragraph (4);

        (B) by redesignating paragraph (5) as paragraph (6); and

        (C) by inserting after paragraph (4) the following new paragraph:

      ‘(5) in any case, reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense; and’.

      (5) in subsection (c) by striking ‘If the court decides to order restitution under this section, the’ and inserting ‘The’;

      (6) by striking subsections (d), (e), (f), (g), and (h);

      (7) by redesignating subsection (i) as subsection (m); and

      (8) by inserting after subsection (c) the following:

    ‘(d)(1) The court shall order restitution to a victim in the full amount of the victim’s losses as determined by the court and without consideration of--

      ‘(A) the economic circumstances of the offender; or

      ‘(B) the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source.

    ‘(2) Upon determination of the amount of restitution owed to each victim, the court shall specify in the restitution order the manner in which and the schedule according to which the restitution is to be paid, in consideration of--

      ‘(A) the financial resources and other assets of the offender;

      ‘(B) projected earnings and other income of the offender; and

      ‘(C) any financial obligations of the offender, including obligations to dependents.

    ‘(3) A restitution order may direct the offender to make a single, lump-sum payment, partial payment at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender.

    ‘(4) An in-kind payment described in paragraph (3) may be in the form of--

      ‘(A) return of property;

      ‘(B) replacement of property; or

      ‘(C) services rendered to the victim or to a person or organization other than the victim.

    ‘(e) When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender.

    ‘(f) When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but may provide for different payment schedules to reflect the economic circumstances of each victim.

    ‘(g)(1) If the victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source, the court shall order that restitution be paid to the person who provided or is obligated to provide the compensation, but the restitution order shall provide that all restitution of victims required by the order be paid to the victims before any restitution is paid to such a provider of compensation.

    ‘(2) The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from insurance or any other source until the payments actually received by the victim under the restitution order fully compensate the victim for the loss, at which time a person that has provided compensation to the victim shall be entitled to receive any payments remaining to be paid under the restitution order.

    ‘(3) Any amount paid to a victim under an order of restitution shall be set off against any amount later recovered as compensatory damages by the victim in--

      ‘(A) any Federal civil proceeding; and

      ‘(B) any State civil proceeding, to the extent provided by the law of the State.

    ‘(h) A restitution order shall provide that--

      ‘(1) all fines, penalties, costs, restitution payments and other forms of transfers of money or property made pursuant to the sentence of the court shall be made by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment by the entity in accordance with this subsection;

      ‘(2) the entity designated by the Director of the Administrative Office of the United States Courts shall--

        ‘(A) log all transfers in a manner that tracks the offender’s obligations and the current status in meeting those obligations, unless, after efforts have been made to enforce the restitution order and it appears that compliance cannot be obtained, the court determines that continued recordkeeping under this subparagraph would not be useful;

        ‘(B) notify the court and the interested parties when an offender is 90 days in arrears in meeting those obligations; and

      ‘(3) the offender shall advise the entity designated by the Director of the Administrative Office of the United States Courts of any change in the offender’s address during the term of the restitution order.

    ‘(i) A restitution order shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property.

    ‘(j) Compliance with the schedule of payment and other terms of a restitution order shall be a condition of any probation, parole, or other form of release of an offender. If a defendant fails to comply with a restitution order, the court may revoke probation or a term of supervised release, modify the term or conditions of probation or a term of supervised release, hold the defendant in contempt of court, enter a restraining order or injunction, order the sale of property of the defendant, accept a performance bond, or take any other action necessary to obtain compliance with the restitution order. In determining what action to take, the court shall consider the defendant’s employment status, earning ability, financial resources, the willfulness in failing to comply with the restitution order, and any other circumstances that may have a bearing on the defendant’s ability to comply with the restitution order.

    ‘(k) An order of restitution may be enforced--

      ‘(1) by the United States--

        ‘(A) in the manner provided for the collection and payment of fines in subchapter (B) of chapter 229 of this title; or

        ‘(B) in the same manner as a judgment in a civil action; and

      ‘(2) by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action.

    ‘(l) A victim or the offender may petition the court at any time to modify a restitution order as appropriate in view of a change in the economic circumstances of the offender.’.

    (b) PROCEDURE FOR ISSUING ORDER OF RESTITUTION- Section 3664 of title 18, United States Code, is amended--

      (1) by striking subsection (a);

      (2) by redesignating subsections (b), (c), (d), and (e) as subsections (a), (b), (c), and (d);

      (3) by amending subsection (a), as redesignated by paragraph (2), to read as follows:

    ‘(a) The court may order the probation service of the court to obtain information pertaining to the amount of loss sustained by any victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant’s dependents, and such other factors as the court deems appropriate. The probation service of the court shall include the information collected in the report of presentence investigation or in a separate report, as the court directs.’; and

      (4) by adding at the end thereof the following new subsection:

    ‘(e) The court may refer any issue arising in connection with a proposed order of restitution to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.’.

TITLE IV--LAW ENFORCEMENT BLOCK GRANTS

SEC. 401. BLOCK GRANT PROGRAM.

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

‘TITLE I--LAW ENFORCEMENT BLOCK GRANTS

‘SEC. 101. PAYMENTS TO LOCAL GOVERNMENTS.

    ‘(a) PAYMENT AND USE-

      ‘(1) PAYMENT- The Director of the Bureau of Justice Assistance, shall pay to each unit of local government which qualifies for a payment under this title an amount equal to the sum of any amounts allocated to such unit under this title for each payment period. The Director shall pay such amount from amounts appropriated to carry out this title.

      ‘(2) USE- Amounts paid to a unit of local government under this section shall be used by the unit for reducing crime and improving public safety, including but not limited to, one or more of the following purposes:

        ‘(A)(i) hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel;

        ‘(ii) paying overtime to presently employed law enforcement officers and necessary support personnel for the purpose of increasing the number of hours worked by such personnel; and

        ‘(iii) procuring equipment, technology, and other material directly related to basic law enforcement functions.

        ‘(B) Enhancing school security measures by--

          ‘(i) providing increased law enforcement patrols in and around schools, whether through the hiring of additional law enforcement officers or paying overtime to presently employed officers;

          ‘(ii) purchasing law enforcement equipment necessary to carry out normal law enforcement functions in and around schools;

          ‘(iii) equipping schools with metal detectors, fences, closed circuit cameras, and other physical safety measures; and

          ‘(iv) gun hotlines designed to facilitate the reporting of weapons possession by students and other individuals in and around schools.

        ‘(C) Establishing crime prevention programs that are organized, supervised by, or involve substantial participation of law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity, including neighborhood watches and citizen patrols.

    ‘(b) TIMING OF PAYMENTS- The Director shall pay each unit of local government that has submitted an application under this title not later than--

      ‘(1) 90 days after the date that the amount is available, or

      ‘(2) the first day of the payment period if the unit of local government has provided the Director with the assurances required by section 103(d),

    whichever is later.

    ‘(c) ADJUSTMENTS-

      ‘(1) IN GENERAL- Subject to paragraph (2), the Director shall adjust a payment under this title to a unit of local government to the extent that a prior payment to the unit of local government was more or less than the amount required to be paid.

      ‘(2) CONSIDERATIONS- The Director may increase or decrease under this subsection a payment to a unit of local government only if the Director determines the need for the increase or decrease, or if the unit requests the increase or decrease, not later than one year after the end of the payment period for which a payment was made.

    ‘(d) RESERVATION FOR ADJUSTMENT- The Director may reserve a percentage of not more than two percent of the amount under this section for a payment period for all units of local government in a State if the Director considers the reserve is necessary to ensure the availability of sufficient amounts to pay adjustments after the final allocation of amounts among the units of local government in the State.

    ‘(e) REPAYMENT OF UNEXPENDED AMOUNTS-

      ‘(1) REPAYMENT REQUIRED- A unit of local government shall repay to the Director, by not later than 27 months after receipt of funds from the Director, any amount that is--

        ‘(A) paid to the unit from amounts appropriated under the authority of this section; and

        ‘(B) not expended by the unit within two years after receipt of such funds from the Director.

      ‘(2) PENALTY FOR FAILURE TO REPAY- If the amount required to be repaid is not repaid, the Director shall reduce payment in future payment periods accordingly.

      ‘(3) DEPOSIT OF AMOUNTS REPAID- Amounts received by the Director as repayments under this subsection shall be deposited in a designated fund for future payments to units of local government.

    ‘(f) NONSUPPLANTING REQUIREMENT- Funds made available under this title to units of local government shall not be used to supplant State or local funds, but shall be used to increase the amount of funds that would, in the absence of funds under this title, be made available from State or local sources.

‘SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    ‘(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this title--

      ‘(1) $2,000,000,000 for fiscal year 1996;

      ‘(2) $2,000,000,000 for fiscal year 1997;

      ‘(3) $2,000,000,000 for fiscal year 1998;

      ‘(4) $2,000,000,000 for fiscal year 1999; and

      ‘(5) $2,000,000,000 for fiscal year 2000.

    ‘(b) ADMINISTRATIVE COSTS- Not more than 2.5 percent of the amount authorized to be appropriated under subsection (a) for each of the fiscal years 1995 through 2000 shall be available to the Director for administrative costs to carry out the purposes of this title. Such sums are to remain available until expended.

    ‘(c) AVAILABILITY- The amounts authorized to be appropriated under subsection (a) shall remain available until expended.

‘SEC. 103. QUALIFICATION FOR PAYMENT.

    ‘(a) IN GENERAL- The Director shall issue regulations establishing procedures under which an unit of local government is required to provide notice to the Director regarding the proposed use of assistance under this title.

    ‘(b) GENERAL REQUIREMENTS FOR QUALIFICATION- An unit of local government qualifies for a payment under this title for a payment period only if the unit submits an application to the Director and establishes, to the satisfaction of the Director, that--

      ‘(1) the unit of local government will establish a trust fund in which the government will deposit all payments received under this title;

      ‘(2) the unit of local government will use amounts in the trust fund (including interest) during a period not to exceed two years from the date the first grant payment is made to the government;

      ‘(3) the unit of local government will expend the payments received in accordance with the laws and procedures that are applicable to the expenditure of revenues of the unit of government;

      ‘(4) the unit of local government will use accounting, audit, and fiscal procedures that conform to guidelines which shall be prescribed by the Director after consultation with the Comptroller General and as applicable, amounts received under this title shall be audited in compliance with the Single Audit Act of 1984;

      ‘(5) after reasonable notice from the Director or the Comptroller General to the unit of government, the unit of local government will make available to the Director and the Comptroller General, with the right to inspect, records that the Director reasonably requires to review compliance with this title or that the Comptroller General reasonably requires to review compliance and operation;

      ‘(6) a designated official of the unit of local government shall make reports the Director reasonably requires, in addition to the annual reports required under this title; and

      ‘(7) the unit of local government will spend the funds only for the purposes set forth in section 101(a)(2).

    ‘(c) REVIEW BY GOVERNORS- A unit of local government shall give the chief executive officer of the State in which the government is located an opportunity for review and comment before establishing compliance with subsection (d).

    ‘(d) SANCTIONS FOR NONCOMPLIANCE-

      ‘(1) IN GENERAL- If the Director determines that a unit of local government has not complied substantially with the requirements or regulations prescribed under subsection (b), the Director shall notify the unit of local government that if the unit of local government does not take corrective action within 60 days of such notice, the Director will withhold additional payments to the unit of local government for the current and future payment periods until the Director is satisfied that the unit of local government--

        ‘(A) has taken the appropriate corrective action; and

        ‘(B) will comply with the requirements and regulations prescribed under subsection (b).

      ‘(2) NOTICE- Before giving notice under paragraph (1), the Director shall give the chief executive officer of the unit of local government reasonable notice and an opportunity for comment.

‘SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ‘(a) STATE DISTRIBUTION- Except as provided in section 103(d), of the total amounts appropriated for this title for each payment period, the Director shall allocate for units of local government--

      ‘(1) 0.25 percent to each State; and

      ‘(2) of the total amount of funds remaining after allocation under paragraph (1), an amount that is equal to the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for 1993, bears to the number of part 1 violent crimes reported by all States to the Federal Bureau of Investigation for 1993.

    ‘(b) LOCAL DISTRIBUTION-

      ‘(1) From the amount reserved for each State under subsection (a), the Director shall allocate to each unit of local government an amount which--

        ‘(A) bears the ratio that the number of part 1 violent crimes reported by such unit to the Federal Bureau of Investigation for 1993 bears to the number of part 1 violent crimes reported by all units of local government in the State in which the unit is located to the Federal Bureau of Investigation for 1993 multiplied by the ratio of the population living in all units in the State in which the unit is located that reported part 1 violent crimes to the Federal Bureau of Investigation for 1993 bears to the population of the State; or

        ‘(B) if such data are not available for a unit, the ratio that the population of such unit bears to the population of all units of local government in the State in which the unit is located for which data are not available multiplied by the ratio of the population living in units in the State in which the unit is located for which data are not available bears to the population of the State.

      ‘(2) If under paragraph (1) a unit of local government is allotted less than $5,000 for the payment period, the amount allotted shall be transferred to the Governor of the State who shall equitably distribute the allocation to all such units or consortia, as the case may be.

      ‘(3)(A) If a unit of local government in a State that has been incorporated since the date of the collection of the data used by the Director in making allocations pursuant to this section, the Director shall allocate to this newly incorporated unit of local government, out of the amount allocated to the State under this section, an amount bearing the same ratio to the amount allocated to the State as the population of the newly incorporated local government bears to the population of the State.

      ‘(B) If a unit of local government in the State has been annexed since the date of the collection of the data used by the Director in making allocations pursuant to this section, the Director shall pay the amount that would have been allocated to such unit of local government to the unit of local government that annexed it.

    ‘(c) UNAVAILABILITY OF INFORMATION- For purposes of this section, if data regarding part 1 violent crimes in any State for 1993 is unavailable or substantially inaccurate, the Director shall utilize the best available comparable data regarding the number of violent crimes for 1993 for such State for the purposes of allocation of any funds under this title.

‘SEC. 105. UTILIZATION OF PRIVATE SECTOR.

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

‘SEC. 106. PUBLIC PARTICIPATION.

    ‘(a) IN GENERAL- A unit of local government expending payments under this title shall hold at least one public hearing on the proposed use of the payment from the Director in relation to its entire budget.

    ‘(b) VIEWS- At the hearing, persons shall be given an opportunity to provide written and oral views to the unit of local government authority responsible for enacting the budget and to ask questions about the entire budget and the relation of the payment from the Director to the entire budget.

    ‘(c) TIME AND PLACE- The unit of local government shall hold the hearing at a time and place that allows and encourages public attendance and participation.

‘SEC. 107. ADMINISTRATIVE PROVISIONS.

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

‘SEC. 108. DEFINITIONS.

    ‘For the purposes of this title:

      ‘(1) The term ‘unit of local government’ means--

        ‘(A) a county, township, city, or political subdivision of a county, township, or city, that is a unit of local government as determined by the Secretary of Commerce for general statistical purposes; and

        ‘(B) the District of Columbia and the recognized governing body of an Indian tribe or Alaskan Native village that carries out substantial governmental duties and powers.

      ‘(2) The term ‘payment period’ means each one-year period beginning on October 1 of any year in which a grant under this title is awarded.

      ‘(3) The term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, except that American Samoa, Guam, and the Northern Mariana Islands shall be considered as one State and that, for purposes of section 104(a), 33 percent of the amounts allocated shall be allocated to American Samoa, 50 percent to Guam, and 17 percent to the Northern Mariana Islands.

      ‘(4) The term ‘Juvenile’ means an individual who is 17 years of age or younger.

      ‘(5) The term ‘part 1 violent crimes’ means murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports.

      ‘(6) The term ‘Director’ means the Director of the Bureau of Justice Assistance.’.

SEC. 402. CONFORMING AMENDMENT.

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

TITLE V--TRUTH IN SENTENCING GRANTS

SEC. 501. TRUTH IN SENTENCING GRANT PROGRAM.

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

‘TITLE V--TRUTH IN SENTENCING GRANTS

‘SEC. 501. AUTHORIZATION OF GRANTS.

    ‘(a) IN GENERAL- The Attorney General is authorized to provide grants to eligible States and to eligible States organized as a regional compact to build, expand, and operate space in correctional facilities in order to increase the prison bed capacity in such facilities for the confinement of persons convicted of a serious violent felony and to build, expand, and operate temporary or permanent correctional facilities, including facilities on military bases, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for the confinement of persons convicted of a serious violent felony.

    ‘(b) LIMITATION- An eligible State or eligible States organized as a regional compact may receive either a general grant under section 502 or a truth-in-sentencing incentive grant under section 503.

‘SEC. 502. GENERAL GRANTS.

    ‘(a) DISTRIBUTION OF GENERAL GRANTS- 50 percent of the total amount of funds made available under this title for each of the fiscal years 1995 through 2000 shall be made available for general eligibility grants for each State or States organized as a regional compact that meets the requirements of subsection (b).

    ‘(b) GENERAL GRANTS- In order to be eligible to receive funds under subsection (a), a State or States organized as a regional compact shall submit an application to the Attorney General that provides assurances that such State since 1993 has--

      ‘(1) increased the percentage of convicted violent offenders sentenced to prison;

      ‘(2) increased the average prison time actually to be served in prison by convicted violent offenders sentenced to prison; and

      ‘(3) increased the percentage of sentence to be actually served in prison by violent offenders sentenced to prison.

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

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

    ‘(b) ELIGIBILITY FOR TRUTH-IN-SENTENCING INCENTIVE GRANTS- In order to be eligible to receive funds under subsection (a), a State or States organized as a regional compact shall submit an application to the Attorney General that provides assurances that each State applying has enacted laws and regulations which include--

      ‘(1)(A) truth-in-sentencing laws which require persons convicted of a serious violent felony serve not less than 85 percent of the sentence imposed or 85 percent of the court-ordered maximum sentence for States that practice indeterminate sentencing; or

      ‘(B) truth-in-sentencing laws which have been enacted, but not yet implemented, that require such State, not later than three years after such State submits an application to the Attorney General, to provide that persons convicted of a serious violent felony serve not less than 85 percent of the sentence imposed or 85 percent of the court-ordered maximum sentence for States that practice indeterminate sentencing, and

      ‘(2) laws requiring that the sentencing or releasing authorities notify and allow the victims of the defendant or the family of such victims the opportunity to be heard regarding the issue of sentencing and any postconviction release.

‘SEC. 504. SPECIAL RULES.

    ‘(a) INDETERMINANT SENTENCING EXCEPTION- Notwithstanding the provisions of paragraphs (1) through (3) of section 502(b), a State shall be eligible for grants under this title, if the State, not later than the date of the enactment of this title--

      ‘(1) practices indeterminant sentencing; and

      ‘(2) the average times served in such State for the offenses of murder, rape, robbery, and assault exceed, by 10 percent or greater, the national average of times served for such offenses.

    ‘(b) EXCEPTION- The requirements under section 502(b) shall apply, except that a State may provide that the Governor of the State may allow for the release of a prisoner over the age of 70 after a public hearing in which representatives of the public and the prisoner’s victims have an opportunity to be heard regarding a proposed release.

‘SEC. 505. FORMULA FOR GRANTS.

    ‘To determine the amount of funds that each eligible State or eligible States organized as a regional compact may receive to carry out programs under section 502 or 503, the Attorney General shall apply the following formula:

      ‘(1) $500,000 or 0.40 percent, whichever is greater shall be allocated to each participating State or compact, as the case may be; and

      ‘(2) of the total amount of funds remaining after the allocation under paragraph (1), there shall be allocated to each State or compact, as the case may be, an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State or compact, as the case may be, bears to the population of all the States.

‘SEC. 506. ACCOUNTABILITY.

    ‘(a) FISCAL REQUIREMENTS- A State or States organized as a regional compact that receives funds under this title shall use accounting, audit, and fiscal procedures that conform to guidelines which shall be prescribed by the Attorney General.

    ‘(b) REPORTING- Each State that receives funds under this title shall submit an annual report, beginning on January 1, 1996, and each January 1 thereafter, to the Congress regarding compliance with the requirements of this title.

    ‘(c) ADMINISTRATIVE PROVISIONS- The administrative provisions of sections 801 and 802 of the Omnibus Crime Control and Safe Streets Act of 1968 shall apply to the Attorney General in the same manner as such provisions apply to the officials listed in such sections.

‘SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

    ‘(a) IN GENERAL- There are authorized to be appropriated to carry out this title--

      ‘(1) $232,000,000 for fiscal year 1995;

      ‘(2) $997,500,000 for fiscal year 1996;

      ‘(3) $1,330,000,000 for fiscal year 1997;

      ‘(4) $2,527,000,000 for fiscal year 1998;

      ‘(5) $2,660,000,000 for fiscal year 1999; and

      ‘(6) $2,753,100,000 for fiscal year 2000.

    ‘(b) RESTRICTION- No funds may be used for other purposes authorized by this Act in fiscal years 1995 through 1999 unless the programs under this title are fully funded in such years.

    ‘(c) LIMITATIONS ON FUNDS-

      ‘(1) USES OF FUNDS- Funds made available under this title may be used to carry out the purposes described in section 501(a).

      ‘(2) NONSUPPLANTING REQUIREMENT- Funds made available under this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources.

      ‘(3) ADMINISTRATIVE COSTS- Not more than three percent of the funds available under this section may be used for administrative costs.

      ‘(4) MATCHING FUNDS- The Federal share of a grant received under this title may not exceed 75 percent of the costs of a proposal as described in an application approved under this title.

      ‘(5) CARRY OVER OF APPROPRIATIONS- Any funds appropriated but not expended as provided by

this section during any fiscal year shall remain available until expended.

‘SEC. 508. DEFINITIONS.

    ‘As used in this title--

      ‘(1) the term ‘indeterminate sentencing’ means a system by which--

        ‘(A) the court has discretion on imposing the actual length of the sentence imposed, up to the statutory maximum; and

        ‘(B) an administrative agency, generally the parole board, controls release between court-ordered minimum and maximum sentence;

      ‘(2) the term ‘serious violent felony’ means--

        ‘(A) an offense that is a felony and has as an element the use, attempted use, or threatened use of physical force against the person or property of another and has a maximum term of imprisonment of 10 years or more,

        ‘(B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense and has a maximum term of imprisonment of 10 years or more, or

        ‘(C) such crimes include murder, assault with intent to commit murder, arson, armed burglary, rape, assault with intent to commit rape, kidnapping, and armed robbery; and

      ‘(3) the term ‘State’ means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.’.

TITLE VI--EXCLUSIONARY RULE REFORM

SEC. 601. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) IN GENERAL- Chapter 223 of title 18, United States Code, is amended by adding at the end the following:

‘Sec. 3510. Admissibility of evidence obtained by search or seizure

    ‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REASONABLE SEARCH OR SEIZURE- Evidence which is obtained as a result of a search or seizure shall not be excluded in a proceeding in a court of the United States on the ground that the search or seizure was in violation of the fourth amendment to the Constitution of the United States, if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. The fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances.

    ‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR RULE- Evidence shall not be excluded in a proceeding in a court of the United States on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority.

    ‘(c) RULE OF CONSTRUCTION- This section shall not be construed to require or authorize the exclusion of evidence in any proceeding.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 223 of title 18, United States Code, is amended by adding at the end the following:

      ‘3510. Admissibility of evidence obtained by search or seizure.’.

TITLE VII--STOPPING ABUSIVE PRISONER LAWSUITS

SEC. 701. EXHAUSTION REQUIREMENT.

    Section 7(a)(1) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997d) is amended--

      (1) by striking ‘in any action brought’ and inserting ‘no action shall be brought’;

      (2) by striking ‘the court shall’ and all that follows through ‘require exhaustion of’ and insert ‘until’; and

      (3) by inserting ‘are exhausted’ after ‘available’.

SEC. 702. FRIVOLOUS ACTIONS.

    Section 7(a) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997d(a)) is amended by adding at the end the following:

      ‘(3) The court shall on its own motion or on motion of a party dismiss any action brought pursuant to section 1979 of the Revised Statutes of the United States by an adult convicted of a crime and confined in any jail, prison, or other correctional facility if the court is satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious.

SEC. 703. MODIFICATION OF REQUIRED MINIMUM STANDARDS.

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

SEC. 704. PROCEEDINGS IN FORMA PAUPERIS.

    (a) DISMISSAL- Section 1915(d) of title 28, United States Code, is amended--

      (1) by inserting ‘at any time’ after ‘counsel and may’; and

      (2) by striking ‘and may’ and inserting ‘and shall’;

      (3) by inserting ‘fails to state a claim upon which relief may be granted or’ after ‘that the action’; and

      (4) by inserting ‘even if partial filing fees have been imposed by the court’ before the period.

    (b) PRISONER’S STATEMENT OF ASSETS- Section 1915 of title 28, United States Code, is amended by adding at the end the following:

    ‘(f) If a prisoner in a correctional institution files an affidavit in accordance with subsection (a) of this section, such prisoner shall include in that affidavit a statement of all assets such prisoner possesses. The court shall make inquiry of the correctional institution in which the prisoner is incarcerated for information available to that institution relating to the extent of the prisoner’s assets. The court shall require full or partial payment of filing fees according to the prisoner’s ability to pay.’.

TITLE VIII--FURTHER STREAMLINING DEPORTATION OF CRIMINAL ALIENS

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

    (a) IN GENERAL- Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of the Immigration Technical Amendments Act of 1994 (Public Law 103-416), is amended--

      (1) in subparagraph (J), by inserting ‘, or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses),’ after ‘corrupt organizations)’;

      (2) in subparagraph (K)--

        (A) by striking ‘or’ at the end of clause (i),

        (B) by redesignating clause (ii) as clause (iii), and

        (C) by inserting after clause (i) the following new clause:

          ‘(ii) is described in section 2421, 2422, or 2423 of title 18, United States Code (relating to transportation for the purpose of prostitution) for commercial advantage; or’;

      (3) in subparagraph (N), by striking ‘of title 18, United States Code’;

      (4) in subparagraph (O), by striking ‘which constitutes’ and all that follows up to the semicolon at the end and inserting ‘, for the purpose of commercial advantage’;

      (5) by striking ‘and’ at the end of subparagraph (P);

      (6) by striking the period at the end of subparagraph (Q) and inserting a semicolon; and

      (7) by inserting after subparagraph (Q) the following new subparagraphs:

        ‘(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of 5 years’ imprisonment or more may be imposed;

        ‘(S) an offense relating to perjury or subornation of perjury for which a sentence of 5 years’ imprisonment or more may be imposed; and

        ‘(T) an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years’ imprisonment or more may be imposed.’.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to convictions entered on or after the date of the enactment of this Act, except that the amendment made by subsection (a)(3) shall take effect as if included in the enactment of section 222 of the Immigration Technical Amendments Act of 1994.

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

    (a) ADMINISTRATIVE HEARINGS- Section 242A(b) of the Immigration and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), is amended--

      (1) in paragraph (2)--

        (A) by striking ‘and’ at the end of subparagraph (A) and inserting ‘or’, and

        (B) by amending subparagraph (B) to read as follows:

        ‘(B) had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this section commenced.’;

      (2) in paragraph (3), by striking ‘30 calendar days’ and inserting ‘14 calendar days’;

      (3) in paragraph (4)(B), by striking ‘proccedings’ and inserting ‘proceedings’; and

      (4) by adding at the end the following new paragraph:

      ‘(5) No alien described in this section shall be eligible for any relief from deportation that the Attorney General may grant in the Attorney General’s discretion.’.

    (b) LIMIT ON JUDICIAL REVIEW- Subsection (d) of section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a), as added by section 130004(b) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), is amended to read as follows:

    ‘(d) Notwithstanding subsection (c), a petition for review or for habeas corpus on behalf of an alien described in section 242A(c) may only challenge whether the alien is in fact an alien described in such section, and no court shall have jurisdiction to review any other issue.’.

    (c) PRESUMPTION OF DEPORTABILITY- Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended by inserting after subsection (b) the following new subsection:

    ‘(c) PRESUMPTION OF DEPORTABILITY- An alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States.’.

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

SEC. 803. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL ALIENS.

    (a) DEFENSES BASED ON SEVEN YEARS OF PERMANENT RESIDENCE- The last sentence of section 212(c) of the Immigration and Nationality Act (8 U.S.C. 1182(c)) is amended by striking ‘has served for such felony or felonies’ and all that follows through the period and inserting ‘has been sentenced for such felony or felonies to a term of imprisonment of at least 5 years, if the time for appealing such conviction or sentence has expired and the sentence has become final.’.

    (b) DEFENSES BASED ON WITHHOLDING OF DEPORTATION- Section 243(h)(2) of such Act (8 U.S.C. 1253(h)(2)) is amended--

      (1) by striking ‘or’ at the end of subparagraph (C),

      (2) by inserting ‘or’ at the end of subparagraph (D), and

      (3) by striking the final sentence and inserting the following new subparagraph:

        ‘(E) the alien has been convicted of an aggravated felony.’.

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

    (a) IN GENERAL- Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by adding at the end the following new subsection:

    ‘(c) In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that--

      ‘(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order;

      ‘(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and

      ‘(3) the entry of the order was fundamentally unfair.’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to criminal proceedings initiated after the date of the enactment of this Act.

SEC. 805. CRIMINAL ALIEN TRACKING CENTER.

    Section 130002(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-312) is amended to read as follows:

    ‘(a) OPERATION AND PURPOSE- The Commissioner of Immigration and Naturalization, with the cooperation of the Director of the Federal Bureau of Investigation and the heads of other agencies, shall, under the authority of section 242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking center. The criminal alien tracking center shall be used to assist Federal, State, and local law enforcement agencies in identifying and locating aliens who may be subject to deportation by reason of their conviction of aggravated felonies.’.

SEC. 806. MISCELLANEOUS PROVISIONS.

    (a) USE OF ELECTRONIC AND TELEPHONIC MEDIA IN DEPORTATION HEARINGS- The second sentence of section 242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by inserting before the period the following: ‘; except that nothing in this subsection shall preclude the Attorney General from authorizing proceedings by electronic or telephonic media (with the consent of the alien) or, where waived or agreed to by the parties, in the absence of the alien’.

    (b) CODIFICATION-

      (1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is amended by adding at the end the following: ‘Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.’.

      (2) Section 225 of the Immigration Technical Amendments Act of 1994 (Public Law 103-416) is amended by striking ‘and nothing in’ and all that follows through ‘1252(i))’.

      (3) The amendments made by this subsection shall take effect as if included in the enactment of the Immigration Technical Amendments Act of 1994 (Public Law 103-416).

SEC. 807. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

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

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

SEC. 901. PRISONS.

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

SEC. 902. CRIME PREVENTION.

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