II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Predator Criminal

5 Imprisonment Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) the most important domestic function of the

9 Federal Government is the protection of the personal

10 security of individual Americans through the enact-
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1 ment and enforcement of laws against criminal be2 havior;

3 (2) the criminal justice system in America is

4 failing to achieve its basic objective of protecting the

5 innocent and punishing the guilty; and

6 (3) in America today, there exists crime without

7 punishment. Failure to remedy this imperils the

8 public safety, disrupts domestic tranquility, and

9 threatens the rule of law.

10 TITLE I—INCREASED USE OF

11 EXISTING PRISON SPACE

12 SEC. 101. APPROPRIATE REMEDIES FOR PRISON OVER13 CROWDING.

14 (a) AMENDMENT OF TITLE 18, UNITED STATES

15 CODE.—Subchapter C of chapter 229 of part 2 of title

16 18, United States Code, is amended by adding at the end

17 the following new section:

18 ‘‘§ 3626. Appropriate remedies with respect to prison

19 crowding

20 ‘‘(a) REQUIREMENT OF SHOWING WITH RESPECT TO

21 THE PLAINTIFF IN PARTICULAR.—

22 ‘‘(1) HOLDING.—A Federal court shall not hold

23 prison or jail crowding unconstitutional under the

24 eighth amendment except to the extent that an indi25 vidual plaintiff inmate proves that the crowding
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1 causes the infliction of cruel and unusual punish2 ment of that inmate.

3 ‘‘(2) RELIEF.—The relief in a case described in

4 paragraph (1) shall extend no further than nec5 essary to remove the conditions that are causing the

6 cruel and unusual punishment of the plaintiff

7 inmate.

8 ‘‘(b) INMATE POPULATION CEILINGS.—

9 ‘‘(1) REQUIREMENT OF SHOWING WITH RE10 SPECT TO PARTICULAR PRISONERS.—A Federal

11 court shall not place a ceiling on the inmate popu12 lation of any Federal, State, or local detention facil13 ity as an equitable remedial measure for conditions

14 that violate the eighth amendment unless crowding

15 is inflicting cruel and unusual punishment on par16 ticular identified prisoners.

17 ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1)

18 shall not be construed to have any effect on Federal

19 judicial power to issue equitable relief other than

20 that described in paragraph (1), including the re21 quirement of improved medical or health care and

22 the imposition of civil contempt fines or damages,

23 where such relief is appropriate.

24 ‘‘(c) PERIODIC REOPENING.—Each Federal court

25 order or consent decree seeking to remedy an eighth
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1 amendment violation shall be reopened at the behest of

2 a defendant for recommended modification at a minimum

3 of 2-year intervals.’’.

4 (b) APPLICATION OF AMENDMENT.—Section 3626 of

5 title 18, United States Code, as added by paragraph (1),

6 shall apply to all outstanding court orders on the date of

7 enactment of this Act. Any State or municipality shall be

8 entitled to seek modification of any outstanding eighth

9 amendment decree pursuant to that section.

10 (c) TECHNICAL AMENDMENT.—The subchapter anal11 ysis for subchapter C of chapter 229 of title 18, United

12 States Code, is amended by adding at the end the follow13 ing new item:

‘‘3626. Appropriate remedies with respect to prison crowding.’’.

14 TITLE II—CONSTRUCTION OF

15 REGIONAL PRISONS FOR VIO16 LENT CRIMINALS

17 SEC. 201. REGIONAL PRISONS FOR VIOLENT CRIMINALS

18 AND VIOLENT CRIMINAL ALIENS.

19 (a) DEFINITIONS.—In this section—

20 ‘‘child abuse offense’’ means an offense under

21 Federal or State law that constitutes sexual exploi22 tation of children or selling or buying of children

23 within the meaning of chapter 110 of title 18,

24 United States Code.
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1 ‘‘firearm offense’’ means an offense under Fed2 eral or State law committed while the offender is in

3 possession of a firearm or while an accomplice of the

4 offender, to the knowledge of the offender, is in pos5 session of a firearm.

6 ‘‘crime of violence’’ means a felony offense

7 under Federal or State law that is a crime of vio8 lence within the meaning of section 16 of title 18,

9 United States Code.

10 ‘‘qualifying prisoner’’ means—

11 (A) an alien who is in this country illegally

12 or unlawfully and who has been convicted of a

13 crime of violence (as defined in section

14 924(c)(3) of title 18, United States Code) or a

15 serious drug offense (as defined in section

16 924(e)(2)(A) of title 18, United States Code);

17 and

18 (B) a violent criminal.

19 ‘‘sex offense’’ means an offense under Federal

20 or State law that constitutes aggravated sexual

21 abuse, sexual abuse, sexual abuse of a minor or

22 ward, or abusive sexual contact within the meaning

23 of chapter 109A of title 18, United States Code.

24 ‘‘violent criminal’’—
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1 (A) means a person convicted under Fed2 eral law of an offense described in, under the

3 circumstances described in, the provisions of

4 section 924 (c) or (e) of title 18 or section

5 994(h) of title 28, United States Code, or under

6 State law for the same or a similar offense; and

7 (B) insofar as any of the circumstances de8 scribed in an offense described in subparagraph

9 (A) is the prior conviction of an offense, in10 cludes a person who had been adjudicated as a

11 juvenile delinquent by reason of the commission

12 of an act that, if committed by an adult, would

13 constitute such an offense.

14 (b) CONSTRUCTION OF PRISONS.—

15 (1) IN GENERAL.—The Attorney General shall,

16 after consultation with State correctional adminis17 trators, construct and operate a minimum of 10

18 regional prisons, situated throughout the United

19 States, each containing space for at least 2,500 in20 mates. The Attorney General may contract with the

21 private sector to design, construct or provide any

22 services associated with the regional prisons. At least

23 75 percent of the overall capacity of such prisons in

24 the aggregate shall be dedicated to qualifying pris25 oners from qualifying States. In making a deter-
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1 mination as to the location of regional prisons, the

2 Attorney General shall give appropriate consider3 ation to the feasibility of converting Federal correc4 tional complexes currently in the planning or con5 struction phase.

6 (2) CONSIDERATION OF COST-EFFECTIVE AL7 TERNATIVES AND STATE AND LOCAL RE-USE

8 PLANS.—(A) In determining where to locate any of

9 the regional prisons authorized in paragraph (1),

10 and in accordance with the Department of Justice’s

11 duty to review and identify a use for any portion of

12 an installation closed pursuant to title II of the De13 fense Authorization Amendments and Base Closure

14 and Realignment Act (Public Law 100–526) and the

15 Defense Base Closure and Realignment Act of 1990

16 (part A of title XXIX of Public Law 101–510) the

17 Attorney General shall consider—

18 (i) whether using any portion of a closed

19 military installation in the region or military in20 stallation scheduled to be closed in the region

21 provides a cost-effective alternative to the pur22 chase of real property or construction of new

23 prison facilities;

24 (ii) whether such use is consistent with a

25 reutilization and redevelopment plan. Consent
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1 must be obtained from the local re-use author2 ity for the military installation, recognized and

3 funded by the Secretary of Defense, before the

4 Attorney General may proceed with plans for

5 the design or construction of a prison author6 ized in paragraph 1; and

7 (iii) giving priority consideration to any in8 stallation located in a rural area whose closure

9 under this title will have a substantial adverse

10 impact on the economy of the communities for

11 the economic recovery of such communities

12 from such closure.

13 (B) Before proceeding with plans for the design

14 or construction of a prison authorized in paragraph

15 (1), the Attorney General shall submit to Congress

16 a report explaining the basis of the decision on

17 where to locate the new prison facility.

18 (C) If the Attorney General decides not to uti19 lize any portion of a closed military installation or

20 an installation scheduled to be closed for locating a

21 regional prison, the report shall include an analysis

22 of why installations in the region, the use of which

23 as a prison would be consistent with a reutilization

24 and redevelopment plan, do not provide a cost-effec-
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1 tive alternative to the purchase of real property or

2 construction of new facilities.

3 (D) The Attorney General shall obtain all infor4 mation necessary to determine whether any portion

5 of a closed military installation in the region or mili6 tary installation scheduled to be closed in the region

7 is a cost-effective alternative to the purchase of real

8 property or construction of new prison facilities.

9 (c) ACCEPTANCE OF PRISONERS.—Any qualifying

10 State may apply to the Attorney General to accept any

11 qualifying prisoner. If, in the Attorney General’s judgment

12 there are likely to be more qualifying prisoners than there

13 is space available, then to the extent that the Attorney

14 General deems it practicable, the Attorney General should

15 seek to allocate space among qualifying States in a propor16 tion similar to the number of qualifying prisoners held by

17 that State in relation to the total number of qualifying

18 prisoners from qualifying States.

19 (d) QUALIFYING STATE.—

20 (1) IN GENERAL.—The Attorney General shall

21 not certify a State as a qualifying State under this

22 section unless the State is providing—

23 (A) truth in sentencing with respect to any

24 felony crime of violence involving the use or at25 tempted use of force against a person, or use of
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1 a firearm against a person for which a maxi2 mum sentence of 5 years or more is authorized

3 that is consistent with that provided in the Fed4 eral system in chapter 229 of title 18, United

5 States Code, which provides that defendants

6 will serve at least 85 percent of the sentence or7 dered and which provides for a binding sentenc8 ing guideline system in which sentencing

9 judges’ discretion is limited to ensure greater

10 uniformity in sentencing;

11 (B) pretrial detention similar to that pro12 vided in the Federal system under section 3142

13 of title 18, United States Code;

14 (C) sentences for firearm offenders where

15 death or serious bodily injury results, mur16 derers, sex offenders, and child abuse offenders

17 that, after application of relevant sentencing

18 guidelines, result in the imposition of sentences

19 that are at least as long as those imposed under

20 Federal law (after application of relevant sen21 tencing guidelines); and

22 (D) suitable recognition for the rights of

23 victims, including consideration of the victim’s

24 perspective at all appropriate stages of criminal

25 proceedings.
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1 (2) DISQUALIFICATION.—The Attorney General

2 shall withdraw a State’s status as a qualifying State

3 if the Attorney General finds that the State no

4 longer appropriately provides for the matters de5 scribed in paragraph (1) or has ceased making sub6 stantial progress toward attaining them, in which

7 event the State shall no longer be entitled to the

8 benefits of this section, except to the extent the At9 torney General otherwise directs.

10 (3) WAIVER.—The Attorney General may

11 waive, for no more than one year, any of the require12 ments of this subsection with respect to a particular

13 State if the Attorney General certifies that, in the

14 Attorney General’s judgment, there are compelling

15 law enforcement reasons for doing so. Any State

16 granted any such waiver shall be treated as a quali17 fying State for all purposes of this subtitle, unless

18 the Attorney General otherwise directs.
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1 TITLE III—EFFECTIVE MANDA2 TORY MINIMUM PRISON SEN3 TENCES

4 SEC. 301. MANDATORY PRISON TERMS FOR POSSESSION OR

5 DISCHARGE OF A FIREARM DURING A CRIME

6 OF VIOLENCE OR DRUG TRAFFICKING CRIME.

7 Section 924(c)(1) of title 18, United States Code, is

8 amended by inserting after the first sentence the follow9 ing: ‘‘Except to the extent a greater minimum sentence

10 is otherwise provided by the preceding sentence or by any

11 other provision of this subsection or any other law, a per12 son who, during and in relation to any crime of violence

13 or drug trafficking crime (including a crime of violence

14 or drug trafficking crime which provides for an enhanced

15 punishment if committed by the use of a deadly or dan16 gerous weapon or device) for which a person may be pros17 ecuted in a court of the United States, uses or carries a

18 firearm, shall, in addition to the punishment provided for

19 such crime of violence or drug trafficking crime—

20 ‘‘(A) be punished by imprisonment for not less

21 than 10 years;

22 ‘‘(B) if the firearm is discharged, be punished

23 by imprisonment for not less than 20 years; and
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1 ‘‘(C) if the death of a person results, be pun2 ished by death or by imprisonment for not less than

3 life.’’.

4 SEC. 302. MANDATORY MINIMUM PRISON SENTENCES FOR

5 THOSE WHO SELL ILLEGAL DRUGS TO MI6 NORS OR WHO USE MINORS IN DRUG TRAF7 FICKING ACTIVITIES.

8 (a) DISTRIBUTION TO PERSONS UNDER AGE 18.—

9 Section 418 of the Controlled Substances Act (21 U.S.C.

10 859) is amended—

11 (1) in subsection (a) (first offense) by inserting

12 after the second sentence ‘‘Except to the extent a

13 greater minimum sentence is otherwise provided by

14 section 401(b), a term of imprisonment under this

15 subsection in a case involving distribution to a per16 son under 18 years of age by a person 21 or more

17 years of age shall be not less than 10 years. Not18 withstanding any other provision of law, the court

19 shall not place on probation or suspend the sentence

20 of any person sentenced under the preceding sen21 tence.’’; and

22 (2) in subsection (b) (second offense) by insert23 ing after the second sentence ‘‘Except to the extent

24 a greater sentence is otherwise authorized by section

25 401(b), a term of imprisonment under this sub-
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1 section in a case involving distribution to a person

2 under 18 years of age by a person 21 or more years

3 of age shall be a mandatory term of life imprison4 ment. Notwithstanding any other provision of law,

5 the court shall not place on probation or suspend the

6 sentence of any person sentenced under the preced7 ing sentence.’’.

8 (b) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF

9 AGE.—Section 420 of the Controlled Substances Act (21

10 U.S.C. 861) is amended—

11 (1) in subsection (b) by adding at the end the

12 following: ‘‘Except to the extent a greater minimum

13 sentence is otherwise provided, a term of imprison14 ment of a person 21 or more years of age convicted

15 under this subsection shall be not less than 10 years.

16 Notwithstanding any other provision of law, the

17 court shall not place on probation or suspend the

18 sentence of any person sentenced under the preced19 ing sentence.’’; and

20 (2) in subsection (c) (penalty for second of21 fenses) by inserting after the second sentence the

22 following: ‘‘Except to the extent a greater minimum

23 sentence is otherwise provided, a term of imprison24 ment of a person 21 or more years of age convicted

25 under this subsection shall be a mandatory term of
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1 life imprisonment. Notwithstanding any other provi2 sion of law, the court shall not place on probation

3 or suspend the sentence of any person sentenced

4 under the preceding sentence.’’.

5 SEC. 303. LIFE IMPRISONMENT WITHOUT RELEASE FOR

6 DRUG FELONS AND VIOLENT CRIMINALS

7 CONVICTED A THIRD TIME.

8 Section 401(b)(1)(A) of the Controlled Substances

9 Act (21 U.S.C. 841(b)(1)(A)) is amended by striking ‘‘If

10 any person commits a violation of this subparagraph or

11 of section 418, 419, or 420 after two or more prior convic12 tions for a felony drug offense have become final, such

13 person shall be sentenced to a mandatory term of life im14 prisonment without release and fined in accordance with

15 the preceding sentence.’’ and inserting ‘‘If any person

16 commits a violation of this subparagraph or of section

17 418, 419, or 420 (21 U.S.C. 859, 860, and 861) or a

18 crime of violence after 2 or more prior convictions for a

19 felony drug offense or crime of violence or for any com20 bination thereof have become final, such person shall be

21 sentenced to not less than a mandatory term of life impris22 onment without release and fined in accordance with the

23 preceding sentence. For purposes of this subparagraph,

24 the term ‘crime of violence’ means an offense that is a

25 felony punishable by a maximum term of imprisonment
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1 of 10 years or more and has as an element the use, at2 tempted use, or threatened use of physical force against

3 the person or property of another, or by its nature involves

4 a substantial risk that physical force against the person

5 or property of another may be used in the course of com6 mitting the offense.’’.

7 TITLE IV—VIOLENT CRIME

8 REDUCTION TRUST FUND

9 SEC. 401. PURPOSES.

10 The Congress declares that it is essential to—

11 (1) fully fund the control and prevention of vio12 lent crime authorized in this Act over the next 5

13 years;

14 (2) ensure orderly limitation and reduction of

15 Federal Government employment, as recommended

16 by the Report of the National Performance Review,

17 conducted by the Vice President; and

18 (3) apply sufficient amounts of the savings

19 achieved by limiting Government employment to the

20 purpose of ensuring full funding of this Act over the

21 next 5 years.

22 SEC. 402. REDUCTION OF FEDERAL FULL-TIME EQUIVA23 LENT POSITIONS.

24 (a) DEFINITION.—In section, ‘‘agency’’ means an

25 Executive agency as defined in section 105 of title 5, Unit-
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1 ed States Code, but does not include the General Account2 ing Office.

3 (b) LIMITATIONS ON FULL-TIME EQUIVALENT POSI4 TIONS.—The President, through the Office of Manage5 ment and Budget (in consultation with the Office of Per6 sonnel Management), shall ensure that the total number

7 of full-time equivalent positions in all agencies does not

8 exceed—

9 (1) 2,095,182 during fiscal year 1994;

10 (2) 2,044,100 during fiscal year 1995;

11 (3) 2,003,846 during fiscal year 1996;

12 (4) 1,963,593 during fiscal year 1997; and

13 (5) 1,923,339 during fiscal year 1998.

14 (c) MONITORING AND NOTIFICATION.—The Office of

15 Management and Budget, after consultation with the Of16 fice of Personnel Management, shall—

17 (1) continuously monitor all agencies and make

18 a determination on the first date of each quarter of

19 each applicable fiscal year of whether the require20 ments under subsection (b) are met; and

21 (2) notify the President and the Congress on

22 the first date of each quarter of each applicable fis23 cal year of any determination that any requirement

24 of subsection (b) is not met.
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1 (d) COMPLIANCE.—If at any time during a fiscal

2 year, the Office of Management and Budget notifies the

3 President and the Congress that any requirement under

4 subsection (b) is not met, no agency may hire any em5 ployee for any position in such agency until the Office of

6 Management and Budget notifies the President and the

7 Congress that the total number of full-time equivalent po8 sitions for all agencies equals or is less than the applicable

9 number required under subsection (b).

10 (e) WAIVER.—Any provision of this section may be

11 waived upon—

12 (1) a determination by the President of the ex13 istence of war or a national security requirement; or

14 (2) the enactment of a joint resolution upon an

15 affirmative vote of three-fifths of the Members of

16 each House of the Congress duly chosen and sworn.

17 SEC. 403. CREATION OF VIOLENT CRIME REDUCTION

18 TRUST FUND.

19 (a) ESTABLISHMENT OF ACCOUNT.—

20 (1) IN GENERAL.—Chapter 11 of title 31, Unit21 ed States Code, is amended by adding at the end the

22 following new section:

23 ‘‘§ 1120. Violent crime reduction trust fund

24 ‘‘(a) ESTABLISHMENT.—There is established a sepa25 rate account in the Treasury, known as the ‘Violent Crime
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1 Reduction Trust Fund’, into which shall be deposited defi2 cit reduction achieved by section 402 of the Predator

3 Criminal Imprisonment Act sufficient to fund that Act as

4 prescribed by subsection (b).

5 ‘‘(b) TRANSFERS.—On the first day of the following

6 fiscal years (or as soon thereafter as possible for fiscal

7 year 1994), the following amounts shall be transferred

8 from the general fund to the Violent Crime Reduction

9 Trust Fund—

10 ‘‘(1) for fiscal year 1994, $720,000,000;

11 ‘‘(2) for fiscal year 1995, $2,423,000,000;

12 ‘‘(3) for fiscal year 1996, $4,267,000,000;

13 ‘‘(4) for fiscal year 1997, $6,313,000,000; and

14 ‘‘(5) for fiscal year 1998, $8,545,000,000.

15 ‘‘(c) USE.—Notwithstanding any other law—

16 ‘‘(1) the amounts in the Violent Crime Reduc17 tion Trust Fund may be appropriated exclusively for

18 the purposes authorized in the Predator Criminal

19 Imprisonment Act and the Violent Crime Control

20 and Law Enforcement Act of 1993;

21 ‘‘(2) the amounts in the Violent Crime Reduc22 tion Trust Fund and appropriations under para23 graph (1) of this section shall be excluded from, and

24 shall not be taken into account for purposes of, any

25 budget enforcement procedures under the Congres-
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1 sional Budget Act of 1974 or the Balanced Budget

2 and Emergency Deficit Control Act of 1985; and

3 ‘‘(3) for purposes of this subsection, ‘appropria4 tions under paragraph (1)’ mean amounts of budget

5 authority not to exceed the balances of the Violent

6 Crime Reduction Trust Fund and amounts of out7 lays that flow from budget authority actually appro8 priated.’’.

9 (2) TECHNICAL AMENDMENTS.—

10 (A) The chapter analysis for chapter 11 of

11 title 31, United States Code, is amended by

12 adding at the end the following new item:

‘‘1120. Violent Crime Reduction Trust Fund.’’.

13 (B) Section 1321(a) of title 31, United

14 States Code, is amended by adding at the end

15 the following new paragraph:

16 ‘‘(91) Violent Crime Reduction Trust Fund.’’.

17 (b) REQUIREMENT FOR THE PRESIDENT TO REPORT

18 ANNUALLY ON THE STATUS OF THE ACCOUNT.—Section

19 1105(a) of title 31, United States Code, is amended by

20 adding at the end the following new paragraphs:

21 ‘‘(30) information about the Violent Crime Re22 duction Trust Fund, including a separate statement

23 of amounts in that trust fund.

24 ‘‘(31) an analysis displaying by agency pro25 posed reductions in full-time equivalent positions
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1 compared to the current year’s level in order to com2 ply with section 402 of the Predator Criminal Im3 prisonment Act.’’.

4 SEC. 404. CONFORMING REDUCTION IN DISCRETIONARY

5 SPENDING LIMITS.

6 The Director of the Office of Management and Budg7 et shall, upon enactment of this Act, reduce the discre8 tionary spending limits set forth in section 601(a)(2) of

9 the Congressional Budget Act of 1974 (2 U.S.C.

10 665(a)(2)) for fiscal years 1994 through 1998 as follows:

11 (1) For fiscal year 1994, for the discretionary

12 category: $720,000,000 in new budget authority and

13 $314,000,000 in outlays.

14 (2) For fiscal year 1995, for the discretionary

15 category: $2,423,000,000 in new budget authority

16 and $2,330,000,000 in outlays.

17 (3) For fiscal year 1996, for the discretionary

18 category: $4,267,000,000 in new budget authority

19 and $4,184,000,000 in outlays.

20 (4) For fiscal year 1997, for the discretionary

21 category: $6,313,000,000 in new budget authority

22 and $6,221,000,000 in outlays.

23 (5) For fiscal year 1998, for the discretionary

24 category: $8,545,000,000 in new budget authority

25 and $8,443,000,000 in outlays.
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