[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1800 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 1800
To protect the personal security of Americans by ensuring the
imprisonment of violent criminals.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26 (legislative day, January 25), 1994
Mr. Gramm (for himself, Mr. Helms, Mr. Smith, and Mr. Burns) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To protect the personal security of Americans by ensuring the
imprisonment of violent criminals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Predator Criminal Imprisonment
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the most important domestic function of the Federal
Government is the protection of the personal security of
individual Americans through the enactment and enforcement of
laws against criminal behavior;
(2) the criminal justice system in America is failing to
achieve its basic objective of protecting the innocent and
punishing the guilty; and
(3) in America today, there exists crime without
punishment. Failure to remedy this imperils the public safety,
disrupts domestic tranquility, and threatens the rule of law.
TITLE I--INCREASED USE OF EXISTING PRISON SPACE
SEC. 101. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) Amendment of Title 18, United States Code.--Subchapter C of
chapter 229 of part 2 of title 18, United States Code, is amended by
adding at the end the following new section:
``Sec. 3626. Appropriate remedies with respect to prison crowding
``(a) Requirement of Showing With Respect To the Plaintiff in
Particular.--
``(1) Holding.--A Federal court shall not hold prison or
jail crowding unconstitutional under the eighth amendment
except to the extent that an individual plaintiff inmate proves
that the crowding causes the infliction of cruel and unusual
punishment of that inmate.
``(2) Relief.--The relief in a case described in paragraph
(1) shall extend no further than necessary to remove the
conditions that are causing the cruel and unusual punishment of
the plaintiff inmate.
``(b) Inmate Population Ceilings.--
``(1) Requirement of showing with respect to particular
prisoners.--A Federal court shall not place a ceiling on the
inmate population of any Federal, State, or local detention
facility as an equitable remedial measure for conditions that
violate the eighth amendment unless crowding is inflicting
cruel and unusual punishment on particular identified
prisoners.
``(2) Rule of construction.--Paragraph (1) shall not be
construed to have any effect on Federal judicial power to issue
equitable relief other than that described in paragraph (1),
including the requirement of improved medical or health care
and the imposition of civil contempt fines or damages, where
such relief is appropriate.
``(c) Periodic Reopening.--Each Federal court order or consent
decree seeking to remedy an eighth amendment violation shall be
reopened at the behest of a defendant for recommended modification at a
minimum of 2-year intervals.''.
(b) Application of Amendment.--Section 3626 of title 18, United
States Code, as added by paragraph (1), shall apply to all outstanding
court orders on the date of enactment of this Act. Any State or
municipality shall be entitled to seek modification of any outstanding
eighth amendment decree pursuant to that section.
(c) Technical Amendment.--The subchapter analysis for subchapter C
of chapter 229 of title 18, United States Code, is amended by adding at
the end the following new item:
``3626. Appropriate remedies with respect to prison crowding.''.
TITLE II--CONSTRUCTION OF REGIONAL PRISONS FOR VIOLENT CRIMINALS
SEC. 201. REGIONAL PRISONS FOR VIOLENT CRIMINALS AND VIOLENT CRIMINAL
ALIENS.
(a) Definitions.--In this section--
``child abuse offense'' means an offense under Federal or
State law that constitutes sexual exploitation of children or
selling or buying of children within the meaning of chapter 110
of title 18, United States Code.
``firearm offense'' means an offense under Federal or State
law committed while the offender is in possession of a firearm
or while an accomplice of the offender, to the knowledge of the
offender, is in possession of a firearm.
``crime of violence'' means a felony offense under Federal
or State law that is a crime of violence within the meaning of
section 16 of title 18, United States Code.
``qualifying prisoner'' means--
(A) an alien who is in this country illegally or
unlawfully and who has been convicted of a crime of
violence (as defined in section 924(c)(3) of title 18,
United States Code) or a serious drug offense (as
defined in section 924(e)(2)(A) of title 18, United
States Code); and
(B) a violent criminal.
``sex offense'' means an offense under Federal or State law
that constitutes aggravated sexual abuse, sexual abuse, sexual
abuse of a minor or ward, or abusive sexual contact within the
meaning of chapter 109A of title 18, United States Code.
``violent criminal''--
(A) means a person convicted under Federal law of
an offense described in, under the circumstances
described in, the provisions of section 924 (c) or (e)
of title 18 or section 994(h) of title 28, United
States Code, or under State law for the same or a
similar offense; and
(B) insofar as any of the circumstances described
in an offense described in subparagraph (A) is the
prior conviction of an offense, includes a person who
had been adjudicated as a juvenile delinquent by reason
of the commission of an act that, if committed by an
adult, would constitute such an offense.
(b) Construction of Prisons.--
(1) In general.--The Attorney General shall, after
consultation with State correctional administrators, construct
and operate a minimum of 10 regional prisons, situated
throughout the United States, each containing space for at
least 2,500 inmates. The Attorney General may contract with the
private sector to design, construct or provide any services
associated with the regional prisons. At least 75 percent of
the overall capacity of such prisons in the aggregate shall be
dedicated to qualifying prisoners from qualifying States. In
making a determination as to the location of regional prisons,
the Attorney General shall give appropriate consideration to
the feasibility of converting Federal correctional complexes
currently in the planning or construction phase.
(2) Consideration of Cost-Effective Alternatives and State
and Local Re-Use Plans.--(A) In determining where to locate any
of the regional prisons authorized in paragraph (1), and in
accordance with the Department of Justice's duty to review and
identify a use for any portion of an installation closed
pursuant to title II of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100-526) and
the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510) the Attorney General shall
consider--
(i) whether using any portion of a closed military
installation in the region or military installation
scheduled to be closed in the region provides a cost-
effective alternative to the purchase of real property
or construction of new prison facilities;
(ii) whether such use is consistent with a
reutilization and redevelopment plan. Consent must be
obtained from the local re-use authority for the
military installation, recognized and funded by the
Secretary of Defense, before the Attorney General may
proceed with plans for the design or construction of a
prison authorized in paragraph 1; and
(iii) giving priority consideration to any
installation located in a rural area whose closure
under this title will have a substantial adverse impact
on the economy of the communities for the economic
recovery of such communities from such closure.
(B) Before proceeding with plans for the design or
construction of a prison authorized in paragraph (1), the
Attorney General shall submit to Congress a report explaining
the basis of the decision on where to locate the new prison
facility.
(C) If the Attorney General decides not to utilize any
portion of a closed military installation or an installation
scheduled to be closed for locating a regional prison, the
report shall include an analysis of why installations in the
region, the use of which as a prison would be consistent with a
reutilization and redevelopment plan, do not provide a cost-
effective alternative to the purchase of real property or
construction of new facilities.
(D) The Attorney General shall obtain all information
necessary to determine whether any portion of a closed military
installation in the region or military installation scheduled
to be closed in the region is a cost-effective alternative to
the purchase of real property or construction of new prison
facilities.
(c) Acceptance of Prisoners.--Any qualifying State may apply to the
Attorney General to accept any qualifying prisoner. If, in the Attorney
General's judgment there are likely to be more qualifying prisoners
than there is space available, then to the extent that the Attorney
General deems it practicable, the Attorney General should seek to
allocate space among qualifying States in a proportion similar to the
number of qualifying prisoners held by that State in relation to the
total number of qualifying prisoners from qualifying States.
(d) Qualifying State.--
(1) In general.--The Attorney General shall not certify a
State as a qualifying State under this section unless the State
is providing--
(A) truth in sentencing with respect to any felony
crime of violence involving the use or attempted use of
force against a person, or use of a firearm against a
person for which a maximum sentence of 5 years or more
is authorized that is consistent with that provided in
the Federal system in chapter 229 of title 18, United
States Code, which provides that defendants will serve
at least 85 percent of the sentence ordered and which
provides for a binding sentencing guideline system in
which sentencing judges' discretion is limited to
ensure greater uniformity in sentencing;
(B) pretrial detention similar to that provided in
the Federal system under section 3142 of title 18,
United States Code;
(C) sentences for firearm offenders where death or
serious bodily injury results, murderers, sex
offenders, and child abuse offenders that, after
application of relevant sentencing guidelines, result
in the imposition of sentences that are at least as
long as those imposed under Federal law (after
application of relevant sentencing guidelines); and
(D) suitable recognition for the rights of victims,
including consideration of the victim's perspective at
all appropriate stages of criminal proceedings.
(2) Disqualification.--The Attorney General shall withdraw
a State's status as a qualifying State if the Attorney General
finds that the State no longer appropriately provides for the
matters described in paragraph (1) or has ceased making
substantial progress toward attaining them, in which event the
State shall no longer be entitled to the benefits of this
section, except to the extent the Attorney General otherwise
directs.
(3) Waiver.--The Attorney General may waive, for no more
than one year, any of the requirements of this subsection with
respect to a particular State if the Attorney General certifies
that, in the Attorney General's judgment, there are compelling
law enforcement reasons for doing so. Any State granted any
such waiver shall be treated as a qualifying State for all
purposes of this subtitle, unless the Attorney General
otherwise directs.
TITLE III--EFFECTIVE MANDATORY MINIMUM PRISON SENTENCES
SEC. 301. MANDATORY PRISON TERMS FOR POSSESSION OR DISCHARGE OF A
FIREARM DURING A CRIME OF VIOLENCE OR DRUG TRAFFICKING
CRIME.
Section 924(c)(1) of title 18, United States Code, is amended by
inserting after the first sentence the following: ``Except to the
extent a greater minimum sentence is otherwise provided by the
preceding sentence or by any other provision of this subsection or any
other law, a person who, during and in relation to any crime of
violence or drug trafficking crime (including a crime of violence or
drug trafficking crime which provides for an enhanced punishment if
committed by the use of a deadly or dangerous weapon or device) for
which a person may be prosecuted in a court of the United States, uses
or carries a firearm, shall, in addition to the punishment provided for
such crime of violence or drug trafficking crime--
``(A) be punished by imprisonment for not less than 10
years;
``(B) if the firearm is discharged, be punished by
imprisonment for not less than 20 years; and
``(C) if the death of a person results, be punished by
death or by imprisonment for not less than life.''.
SEC. 302. MANDATORY MINIMUM PRISON SENTENCES FOR THOSE WHO SELL ILLEGAL
DRUGS TO MINORS OR WHO USE MINORS IN DRUG TRAFFICKING
ACTIVITIES.
(a) Distribution to Persons Under Age 18.--Section 418 of the
Controlled Substances Act (21 U.S.C. 859) is amended--
(1) in subsection (a) (first offense) by inserting after
the second sentence ``Except to the extent a greater minimum
sentence is otherwise provided by section 401(b), a term of
imprisonment under this subsection in a case involving
distribution to a person under 18 years of age by a person 21
or more years of age shall be not less than 10 years.
Notwithstanding any other provision of law, the court shall not
place on probation or suspend the sentence of any person
sentenced under the preceding sentence.''; and
(2) in subsection (b) (second offense) by inserting after
the second sentence ``Except to the extent a greater sentence
is otherwise authorized by section 401(b), a term of
imprisonment under this subsection in a case involving
distribution to a person under 18 years of age by a person 21
or more years of age shall be a mandatory term of life
imprisonment. Notwithstanding any other provision of law, the
court shall not place on probation or suspend the sentence of
any person sentenced under the preceding sentence.''.
(b) Employment of Persons Under 18 Years of Age.--Section 420 of
the Controlled Substances Act (21 U.S.C. 861) is amended--
(1) in subsection (b) by adding at the end the following:
``Except to the extent a greater minimum sentence is otherwise
provided, a term of imprisonment of a person 21 or more years
of age convicted under this subsection shall be not less than
10 years. Notwithstanding any other provision of law, the court
shall not place on probation or suspend the sentence of any
person sentenced under the preceding sentence.''; and
(2) in subsection (c) (penalty for second offenses) by
inserting after the second sentence the following: ``Except to
the extent a greater minimum sentence is otherwise provided, a
term of imprisonment of a person 21 or more years of age
convicted under this subsection shall be a mandatory term of
life imprisonment. Notwithstanding any other provision of law,
the court shall not place on probation or suspend the sentence
of any person sentenced under the preceding sentence.''.
SEC. 303. LIFE IMPRISONMENT WITHOUT RELEASE FOR DRUG FELONS AND VIOLENT
CRIMINALS CONVICTED A THIRD TIME.
Section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A)) is amended by striking ``If any person commits a
violation of this subparagraph or of section 418, 419, or 420 after two
or more prior convictions for a felony drug offense have become final,
such person shall be sentenced to a mandatory term of life imprisonment
without release and fined in accordance with the preceding sentence.''
and inserting ``If any person commits a violation of this subparagraph
or of section 418, 419, or 420 (21 U.S.C. 859, 860, and 861) or a crime
of violence after 2 or more prior convictions for a felony drug offense
or crime of violence or for any combination thereof have become final,
such person shall be sentenced to not less than a mandatory term of
life imprisonment without release and fined in accordance with the
preceding sentence. For purposes of this subparagraph, the term `crime
of violence' means an offense that is a felony punishable by a maximum
term of imprisonment of 10 years or more and has as an element the use,
attempted use, or threatened use of physical force against the person
or property of another, or 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.''.
TITLE IV--VIOLENT CRIME REDUCTION TRUST FUND
SEC. 401. PURPOSES.
The Congress declares that it is essential to--
(1) fully fund the control and prevention of violent crime
authorized in this Act over the next 5 years;
(2) ensure orderly limitation and reduction of Federal
Government employment, as recommended by the Report of the
National Performance Review, conducted by the Vice President;
and
(3) apply sufficient amounts of the savings achieved by
limiting Government employment to the purpose of ensuring full
funding of this Act over the next 5 years.
SEC. 402. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS.
(a) Definition.--In section, ``agency'' means an Executive agency
as defined in section 105 of title 5, United States Code, but does not
include the General Accounting Office.
(b) Limitations on Full-Time Equivalent Positions.--The President,
through the Office of Management and Budget (in consultation with the
Office of Personnel Management), shall ensure that the total number of
full-time equivalent positions in all agencies does not exceed--
(1) 2,095,182 during fiscal year 1994;
(2) 2,044,100 during fiscal year 1995;
(3) 2,003,846 during fiscal year 1996;
(4) 1,963,593 during fiscal year 1997; and
(5) 1,923,339 during fiscal year 1998.
(c) Monitoring and Notification.--The Office of Management and
Budget, after consultation with the Office of Personnel Management,
shall--
(1) continuously monitor all agencies and make a
determination on the first date of each quarter of each
applicable fiscal year of whether the requirements under
subsection (b) are met; and
(2) notify the President and the Congress on the first date
of each quarter of each applicable fiscal year of any
determination that any requirement of subsection (b) is not
met.
(d) Compliance.--If at any time during a fiscal year, the Office of
Management and Budget notifies the President and the Congress that any
requirement under subsection (b) is not met, no agency may hire any
employee for any position in such agency until the Office of Management
and Budget notifies the President and the Congress that the total
number of full-time equivalent positions for all agencies equals or is
less than the applicable number required under subsection (b).
(e) Waiver.--Any provision of this section may be waived upon--
(1) a determination by the President of the existence of
war or a national security requirement; or
(2) the enactment of a joint resolution upon an affirmative
vote of three-fifths of the Members of each House of the
Congress duly chosen and sworn.
SEC. 403. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.
(a) Establishment of Account.--
(1) In general.--Chapter 11 of title 31, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1120. Violent crime reduction trust fund
``(a) Establishment.--There is established a separate account in
the Treasury, known as the `Violent Crime Reduction Trust Fund', into
which shall be deposited deficit reduction achieved by section 402 of
the Predator Criminal Imprisonment Act sufficient to fund that Act as
prescribed by subsection (b).
``(b) Transfers.--On the first day of the following fiscal years
(or as soon thereafter as possible for fiscal year 1994), the following
amounts shall be transferred from the general fund to the Violent Crime
Reduction Trust Fund--
``(1) for fiscal year 1994, $720,000,000;
``(2) for fiscal year 1995, $2,423,000,000;
``(3) for fiscal year 1996, $4,267,000,000;
``(4) for fiscal year 1997, $6,313,000,000; and
``(5) for fiscal year 1998, $8,545,000,000.
``(c) Use.--Notwithstanding any other law--
``(1) the amounts in the Violent Crime Reduction Trust Fund
may be appropriated exclusively for the purposes authorized in
the Predator Criminal Imprisonment Act and the Violent Crime
Control and Law Enforcement Act of 1993;
``(2) the amounts in the Violent Crime Reduction Trust Fund
and appropriations under paragraph (1) of this section shall be
excluded from, and shall not be taken into account for purposes
of, any budget enforcement procedures under the Congressional
Budget Act of 1974 or the Balanced Budget and Emergency Deficit
Control Act of 1985; and
``(3) for purposes of this subsection, `appropriations
under paragraph (1)' mean amounts of budget authority not to
exceed the balances of the Violent Crime Reduction Trust Fund
and amounts of outlays that flow from budget authority actually
appropriated.''.
(2) Technical amendments.--
(A) The chapter analysis for chapter 11 of title
31, United States Code, is amended by adding at the end
the following new item:
``1120. Violent Crime Reduction Trust Fund.''.
(B) Section 1321(a) of title 31, United States
Code, is amended by adding at the end the following new
paragraph:
``(91) Violent Crime Reduction Trust Fund.''.
(b) Requirement for the President To Report Annually on the Status
of the Account.--Section 1105(a) of title 31, United States Code, is
amended by adding at the end the following new paragraphs:
``(30) information about the Violent Crime Reduction Trust
Fund, including a separate statement of amounts in that trust
fund.
``(31) an analysis displaying by agency proposed reductions
in full-time equivalent positions compared to the current
year's level in order to comply with section 402 of the
Predator Criminal Imprisonment Act.''.
SEC. 404. CONFORMING REDUCTION IN DISCRETIONARY SPENDING LIMITS.
The Director of the Office of Management and Budget shall, upon
enactment of this Act, reduce the discretionary spending limits set
forth in section 601(a)(2) of the Congressional Budget Act of 1974 (2
U.S.C. 665(a)(2)) for fiscal years 1994 through 1998 as follows:
(1) For fiscal year 1994, for the discretionary category:
$720,000,000 in new budget authority and $314,000,000 in
outlays.
(2) For fiscal year 1995, for the discretionary category:
$2,423,000,000 in new budget authority and $2,330,000,000 in
outlays.
(3) For fiscal year 1996, for the discretionary category:
$4,267,000,000 in new budget authority and $4,184,000,000 in
outlays.
(4) For fiscal year 1997, for the discretionary category:
$6,313,000,000 in new budget authority and $6,221,000,000 in
outlays.
(5) For fiscal year 1998, for the discretionary category:
$8,545,000,000 in new budget authority and $8,443,000,000 in
outlays.
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