[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 672 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 672

    To require a 50 hour workweek for Federal prison inmates and to 
  establish a grant program for mandatory drug testing, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 20, 2003

   Mr. Ensign introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To require a 50 hour workweek for Federal prison inmates and to 
  establish a grant program for mandatory drug testing, and for other 
                               purposes.

    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 ``Mandatory Prison Work and Drug 
Testing Act of 2003''.

SEC. 2. MANDATORY WORK REQUIREMENT FOR FEDERAL INMATES.

    Section 2905 of the Crime Control Act of 1990 (18 U.S.C. 4121 note) 
is amended by adding at the end the following:
    ``(b) 50 Hour Workweek.--
            ``(1) In general.--Subject to subsection (a), inmates 
        confined in Federal prisons shall engage in--
                    ``(A) work, for not less than 50 hours weekly;
                    ``(B) job-training; and
                    ``(C) educational and life skills preparation 
                study.
            ``(2) Nonprofits.--The services of inmates confined in 
        Federal prisons may be made available to nonprofit entities to 
        carry out the business or other functions of that nonprofit 
        entity.
            ``(3) Use of wages.--
                    ``(A) In general.--Wages may be earned by inmates 
                engaged in the 50 hour work week program under 
                paragraph (1), and of those wages--
                            ``(i) one fourth shall be used to offset 
                        the cost of incarceration of the inmate;
                            ``(ii) one fourth shall be used for victim 
                        restitution;
                            ``(iii) one tenth shall be held in a non-
                        interest bearing account for the individual 
                        inmate and shall be paid upon release of that 
                        inmate from prison;
                            ``(iv) one fourth shall be paid directly to 
                        the inmate for mandatory expenses and for daily 
                        basic needs while the inmate is incarcerated; 
                        and
                            ``(v) the remainder shall be distributed 
                        to--
                                    ``(I) States that the Attorney 
                                General determines have substantially 
                                the same prison work requirements and 
                                prison conditions as established for 
                                Federal prisons; and
                                    ``(II) local jurisdictions that 
                                operate correctional facilities to 
                                benefit the dependents of inmates.
                    ``(B) Noneligibility for release.--If an inmate is 
                not eligible for release, the amount held under 
                subparagraph (A)(iii) shall immediately be available 
                for use under subparagraph (A)(ii).''.

SEC. 3. FEDERAL PRISONS.

    (a) Zero Tolerance Policy for Drug Use.--There shall be established 
a zero tolerance policy for drug use in the Federal prison system, 
which shall include--
            (1) not less than 12 times each year, random drug testing 
        of inmates and routine sweeps and inspections for drugs and 
        other contraband in prison cells;
            (2) mandatory drug testing of a prison employee upon the 
        hiring of that employee;
            (3) not less than 2 times each year, random drug testing of 
        all prison employees;
            (4) mandatory drug testing of an inmate upon release of 
        that inmate from prison;
            (5) prison disciplinary actions and criminal prosecution 
        for the possession or use of any drugs in any Federal prison; 
        and
            (6) residential drug treatment programs for all inmates.
    (b) Prison Conditions.--The Bureau of Prisons shall ensure that 
Federal prisoners do not--
            (1) smoke, use, or possess any type of tobacco;
            (2) possess, view, or read pornographic or sexually 
        explicit materials;
            (3) possess microwave ovens, hot plates, toaster ovens, 
        televisions (unless provided by the prison for group viewing), 
        or video cassette recorders (VCRs);
            (4) possess or listen to music which contains lyrics that 
        are violent, sexually explicit, vulgar, glamorize gang 
        membership or activities, demean women, or disrespect law 
        enforcement;
            (5) view cable television which is not educational in 
        nature; and
            (6) engage in sexual activity.

SEC. 4. DRUG-FREE STATE PRISONS AND LOCAL JAILS INCENTIVE GRANTS.

    Subtitle A of title II of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13701 et seq.) is amended by adding 
at the end the following:

``SEC. 20113. DRUG-FREE PRISONS AND JAILS BONUS GRANTS.

    ``(a) In General.--The Attorney General shall make incentive grants 
in accordance with this section to eligible States and units of local 
government in order to establish drug-free prisons and jails.
    ``(b) Reservation of Funds.--Notwithstanding any other provision of 
this subtitle, in each fiscal year, before making the allocations under 
sections 20106 and 20108(a)(2), or the reservation under section 20109, 
the Attorney General shall reserve 10 percent of the amount made 
available to carry out this subtitle for grants under this section.
    ``(c) Eligibility.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, a State or unit of local government shall 
        establish within 12 months of the initial submission of an 
        application for a grant under this section, a program for drug-
        free prisons and jails within the jurisdiction of that State or 
        unit of local government.
            ``(2) Contents of program or policy.--The drug-free prisons 
        and jails program established under paragraph (1) shall 
        include--
                    ``(A) a zero-tolerance policy for drug use or 
                presence in State or local facilities, including, not 
                less than 12 times each year, random drug testing of 
                inmates and routine sweeps and inspections for drugs 
                and other contraband in prison and jail cells;
                    ``(B) prison disciplinary actions and criminal 
                prosecution for the possession or use of any drugs in 
                any prison or jail;
                    ``(C) mandatory drug testing of a prison or jail 
                employee upon the hiring of that employee;
                    ``(D) not less than 2 times each year, random drug 
                testing of all prison and jail employees;
                    ``(E) mandatory drug testing of all inmates upon 
                intake and upon release from incarceration; and
                    ``(F) residential drug treatment programs for all 
                inmates.
    ``(d) Application.--In order to be eligible to receive a grant 
under this section, a State or unit of local government shall submit to 
the Attorney General an application, in such form and containing such 
information, including rates of positive drug tests among inmates upon 
intake and release from incarceration, as the Attorney General may 
reasonably require.
    ``(e) Use of Funds.--Amounts received by a State or unit of local 
government from a grant under this section may be used--
            ``(1) to implement the program established under subsection 
        (c); or
            ``(2) for any other purpose permitted by this subtitle.
    ``(f) Allocation of Funds.--Grants awarded under this section shall 
be in addition to any other grants a State or unit of local government 
may be eligible to receive under this subtitle or under part S of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796ff et seq.).
    ``(g) Authorization of Appropriations.--In addition to amounts 
allocated under this subtitle, there are authorized to be appropriated 
to carry out this section $50,000,000 for each of fiscal years 2004 
through 2006.''.

SEC. 5. BOOT CAMP REQUIREMENT.

    Section 4046 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Bureau of Prisons may'' and 
                inserting ``Except as provided in subsection (d), the 
                Bureau of Prisons shall''; and
                    (B) by striking ``of more than 12'' and all that 
                follows through the end of such subsection and 
                inserting a period;
            (2) in subsection (b), by striking ``not to exceed 6 
        months'' and inserting ``which shall be not less than 4 
        weeks''; and
            (3) by adding at the end the following:
    ``(d) An inmate who, in the judgment of the Bureau of Prisons, 
either does not successfully complete the required period of shock 
incarceration or is physically or mentally unfit to participate in the 
activities required by shock incarceration, shall be--
            ``(1) confined to that inmate's cell for not less than 23 
        hours each day during the portion of the term of imprisonment 
        that would otherwise be spent in shock incarceration; and
            ``(2) be granted only those privileges that are required by 
        law.''.
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