IB
Union Calendar No. 8
104TH CONGRESS
1ST SESSION
H. R. 667
[Report No. 104–21]
To control crime by incarcerating violent criminals.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 25, 1995
Mr. MCCOLLUM introduced the following bill; which was referred to the
Committee on the Judiciary
FEBRUARY 6, 1995
Additional sponsors: Mr. BRYANT of Tennessee, Mr. BLILEY, and Mr.
ENGLISH of Pennsylvania
FEBRUARY 6, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 25, 1995]
A BILL
To control crime by incarcerating violent criminals.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Violent Criminal Incar-
ceration Act of 1995’’.
TITLE I—TRUTH IN SENTENCING
SEC. 101. TRUTH IN SENTENCING GRANT PROGRAM.
Title V of the Violent Crime Control and Law Enforce-
ment 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 author-
ized 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 in-
crease the prison bed capacity in such facilities for the con-
finement of persons convicted of a serious violent felony and
to build, expand, and operate temporary or permanent cor-
rectional facilities, including facilities on military bases
and boot camp facilities, 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 gen-
eral grant under section 502 or a truth-in-sentencing incen-
tive grant under section 503.
‘‘SEC. 502. GENERAL GRANTS.
‘‘(a) DISTRIBUTION OF GENERAL GRANTS.—50 per-
cent 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 re-
ceive funds under subsection (a), a State or States orga-
nized 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 sen-
tenced 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 (b).
‘‘(b) ELIGIBILITY FOR TRUTH-IN-SENTENCING INCEN-
TIVE GRANTS.—In order to be eligible to receive funds
under subsection (a), a State or States organized as a re-
gional 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 sub-
mits an application to the Attorney General, to pro-
vide 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 releas-
ing authorities notify and allow the victims of the de-
fendant 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) ADDITIONAL REQUIREMENTS.—To be eligible to
receive a grant under section 502 or 503, a State or States
organized as a regional compact shall provide an assurance
to the Attorney General that—
‘‘(1) to the extent practicable, inmate labor will
be used to build and expand correctional facilities;
‘‘(2) each State will involve counties and other
units of local government, when appropriate, in the
construction, development, expansion, modification,
operation, or improvement of correctional facilities
designed to ensure the incarceration of offenders, and
that each State will share funds received under this
title with any county or other unit of local govern-
ment that is housing State prisoners, taking into ac-
count the burden placed on such county or unit of
local government in confining prisoners due to over-
crowding in State prison facilities in furtherance of
the purposes of this Act; and
‘‘(3) the State has implemented or will imple-
ment, not later than 18 months after the date of the
enactment of the Violent Criminal Incarceration Act
of 1995, policies to determine the veteran status of in-
mates and to ensure that incarcerated veterans receive
the veterans benefits to which they are entitled.
‘‘(b) INDETERMINANT SENTENCING EXCEPTION.—Not-
withstanding 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 enact-
ment 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 ex-
ceed, by 10 percent or greater, the national average
of times served for such offenses.
‘‘(c) EXCEPTION.—The requirements under section
503(b) shall apply, except that a State may provide that
the Governor of the State may allow for earlier release of
a geriatric prisoner or a prisoner whose medical condition
precludes the prisoner from posing a threat to the public
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
Crime Control and Safe Streets Act of 1968 shall apply to
the Attorney General in the same manner as such provi-
sions apply to the officials listed in such sections.
‘‘SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title—
‘‘(1) $997,500,000 for fiscal year 1996;
‘‘(2) $1,330,000,000 for fiscal year 1997;
‘‘(3) $2,527,000,000 for fiscal year 1998;
‘‘(4) $2,660,000,000 for fiscal year 1999; and
‘‘(5) $2,753,100,000 for fiscal year 2000.
‘‘(b) LIMITATIONS ON FUNDS.—
‘‘(1) USES OF FUNDS.—Funds made available
under this title may be used to carry out the purposes
described in section 501(a).
‘‘(2) NONSUPPLANTING
REQUIREMENT.—Funds
made available under this section shall not be used to
supplant State funds, but shall be used to increase the
amount of funds that would, in the absence of Federal
funds, be made available from State sources.
‘‘(3) ADMINISTRATIVE
COSTS.—Not more than
three percent of the funds available under this section
may be used for administrative costs.
‘‘(4) MATCHING FUNDS.—The Federal share of a
grant received under this title may not exceed 75 per-
cent of the costs of a proposal as described in an ap-
plication 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 prop-
erty of another and has a maximum term of im-
prisonment 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 prop-
erty of another may be used in the course of com-
mitting the offense and has a maximum term of
imprisonment of 10 years or more, or
‘‘(C) such crimes including 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 common-
wealth, territory, or possession of the United States.’’.
SEC. 102. CONFORMING AMENDMENTS.
(a) OMNIBUS CRIME CONTROL AND SAFE STREETS
ACT OF 1968.—
(1) PART V.—Part V of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 is re-
pealed.
(2) FUNDING.—(A) Section 1001(a) of the Omni-
bus Crime Control and Safe Streets Act of 1968 is
amended by striking paragraph (20).
(B) Notwithstanding the provisions of subpara-
graph (A), any funds that remain available to an ap-
plicant under paragraph (20) of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 shall
be used in accordance with part V of such Act as such
Act was in effect on the day preceding the date of
enactment of this Act.
(b) VIOLENT CRIME CONTROL AND LAW ENFORCE-
MENT ACT OF 1994.—
(1) REPEAL.—(A) Subtitle A of title II of the
Violent Crime Control and Law Enforcement Act of
1994 is repealed.
(B) The table of contents of the Violent Crime
Control and Law Enforcement Act of 1994 is amend-
ed by striking the matter relating to subtitle A of title
II.
(2) COMPLIANCE.—Notwithstanding the provi-
sions of paragraph (1), any funds that remain avail-
able to an applicant under subtitle A of title II of the
Violent Crime Control and Law Enforcement Act of
1994 shall be used in accordance with such subtitle as
such subtitle was in effect on the day preceding the
date of enactment of this Act.
(3) TRUTH-IN-SENTENCING.—The table of con-
tents of the Violent Crime Control and Law Enforce-
ment Act of 1994 is amended by striking the matter
relating to title V and inserting the following:
‘‘TITLE V—TRUTH-IN-SENTENCING GRANTS
‘‘Sec. 501. Authorization of grants.
‘‘Sec. 502. General grants.
‘‘Sec. 503. Truth-in-sentencing grants.
‘‘Sec. 504. Special rules.
‘‘Sec. 505. Formula for grants.
‘‘Sec. 506. Accountability.
‘‘Sec. 507. Authorization of appropriations.
‘‘Sec. 508. Definitions.’’.
TITLE II—STOPPING ABUSIVE
PRISONER LAWSUITS
SEC. 201. EXHAUSTION REQUIREMENT.
Section 7(a)(1) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e) is amended—
(1) by striking ‘‘in any action brought’’ and in-
serting ‘‘no action shall be brought’’;
(2) by striking ‘‘the court shall’’ and all that fol-
lows through ‘‘require exhaustion of’’ and insert
‘‘until’’; and
(3) by inserting ‘‘are exhausted’’ after ‘‘avail-
able’’.
SEC. 202. FRIVOLOUS ACTIONS.
Section 7(a) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(a)) is amended by adding
at the end the following:
‘‘(3) The court shall on its own motion or on motion
of a party dismiss any action brought pursuant to section
1979 of the Revised Statutes of the United States by an
adult convicted of a crime and confined in any jail, prison,
or other correctional facility if the court is satisfied that
the action fails to state a claim upon which relief can be
granted or is frivolous or malicious.’’.
SEC. 203. MODIFICATION OF REQUIRED MINIMUM STAND-
ARDS.
Section 7(b)(2) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(b)(2)) is amended by striking
subparagraph (A) and redesignating subparagraphs (B)
through (E) as subparagraphs (A) through (D), respec-
tively.
SEC. 204. 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’’;
(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 ac-
tion’’; 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 III—STOP TURNING OUT
PRISONERS
SEC. 301. APPROPRIATE REMEDIES FOR PRISON CONDI-
TIONS.
(a) IN GENERAL.—Section 3626 of title 18, United
States Code, is amended to read as follows:
‘‘§ 3626. Appropriate remedies with respect to prison
conditions
‘‘(a) REQUIREMENTS FOR RELIEF.—
‘‘(1) LIMITATIONS ON PROSPECTIVE RELIEF.—
Prospective relief in a civil action with respect to
prison conditions shall extend no further than nec-
essary to remove the conditions that are causing the
deprivation of the Federal rights of individual plain-
tiffs in that civil action. The court shall not grant or
approve any prospective relief unless the court finds
that such relief is narrowly drawn and the least in-
trusive means to remedy the violation of the Federal
right. In determining the intrusiveness of the relief,
the court shall give substantial weight to any adverse
lief, if that relief was approved or granted in the ab-
sence of a finding by the court that prison conditions
violated a Federal right.
‘‘(c) PROCEDURE FOR MOTIONS AFFECTING PROSPEC-
TIVE RELIEF.—
‘‘(1) GENERALLY.—The court shall promptly
rule on any motion to modify or terminate prospec-
tive relief in a civil action with respect to prison con-
ditions.
‘‘(2) AUTOMATIC STAY.—Any prospective relief
subject to a pending motion shall be automatically
stayed during the period—
‘‘(A) beginning on the 30th day after such
motion is filed, in the case of a motion made
under subsection (b); and
‘‘(B) beginning on the 180th day after such
motion is filed, in the case of a motion made
under any other law;
and ending on the date the court enters a final order
ruling on that motion.
‘‘(d) STANDING.—Any Federal, State, or local official
or unit of government—
‘‘(1) whose jurisdiction or function includes the
prosecution or custody of persons in a prison subject
to; or
‘‘(2) who otherwise is or may be affected by;
any relief whose purpose or effect is to reduce or limit the
prison population shall have standing to oppose the imposi-
tion or continuation in effect of that relief and may inter-
vene in any proceeding relating to that relief. Standing
shall be liberally conferred under this subsection so as to
effectuate the remedial purposes of this section.
‘‘(e) SPECIAL MASTERS.—In any civil action in a
Federal court with respect to prison conditions, any special
master or monitor shall be a United States magistrate and
shall make proposed findings on the record on complicated
factual issues submitted to that special master or monitor
by the court, but shall have no other function. The parties
may not by consent extend the function of a special master
beyond that permitted under this subsection.
‘‘(f) ATTORNEY’S FEES.—No attorney’s fee under sec-
tion 722 of the Revised Statutes of the United States (42
U.S.C. 1988) may be granted to a plaintiff in a civil action
with respect to prison conditions except to the extent such
fee is—
‘‘(1) directly and reasonably incurred in proving
an actual violation of the plaintiff’s Federal rights;
and
‘‘(2) proportionally related to the extent the
plaintiff obtains court ordered relief for that viola-
tion.
‘‘(g) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘prison’ means any Federal, State,
or local facility that incarcerates or detains juveniles
or adults accused of, convicted of, sentenced for, or ad-
judicated delinquent for, violations of criminal law;
‘‘(2) the term ‘relief’ means all relief in any form
which may be granted or approved by the court, and
includes consent decrees and settlement agreements;
and
‘‘(3) the term ‘prospective relief’ means all relief
other than compensatory monetary damages.’’.
(b) APPLICATION OF AMENDMENT.—Section 3626 of
title 18, United States Code, as amended by this section,
shall apply with respect to all relief (as defined in such
section) whether such relief was originally granted or ap-
proved before, on, or after the date of the enactment of this
Act.
(c) CLERICAL AMENDMENT.—The item relating to sec-
tion 3626 in the table of sections at the beginning of sub-
chapter C of chapter 229 of title 18, United States Code,
is amended by striking ‘‘crowding’’ and inserting ‘‘condi-
tions’’.
TITLE IV—ENHANCING PROTEC-
TION 
AGAINST 
INCARCER-
ATED CRIMINALS
SEC. 401. PRISON SECURITY.
(a) IN GENERAL.—Chapter 303 of title 18, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 4048. Strength-training of prisoners prohibited
‘‘The Bureau of Prisons shall ensure that—
‘‘(1) prisoners under its jurisdiction do not en-
gage in any physical activities designed to increase
their fighting ability; and
‘‘(2) all equipment designed for increasing the
strength or fighting ability of prisoners promptly be
removed from Federal correctional facilities and not
be introduced into such facilities thereafter except as
needed for a medically required program of physical
rehabilitation approved by the Director of the Bureau
of Prisons.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 303 of title 18, United States Code,
is amended by adding at the end the following new item:
‘‘4048. Strength-training of prisoners prohibited.’’.
HR 667 RH——2
Union Calendar No. 8
104TH CONGRESS
1ST SESSION
H. R. 667
[Report No. 104–21]
A BILL
To control crime by incarcerating violent criminals.
FEBRUARY 6, 1995
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed