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[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.

                                 <all>

S 1800 IS----2
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