[House Report 104-602]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-602
_______________________________________________________________________


 
          MANDATORY FEDERAL PRISON DRUG TREATMENT ACT OF 1996

_______________________________________________________________________


  May 31, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2650]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2650) to amend title 18, United States Code, to 
eliminate certain sentencing inequities for drug offenders, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mandatory Federal Prison Drug 
Treatment Act of 1996''.

SEC. 2. ELIMINATION OF SENTENCING INEQUITIES FOR DRUG OFFENDERS.

    (a) In General.--Subparagraph (B) of section 3621(e)(2) of title 
18, United States Code, is amended to read as follows:
    ``(B) Administration of treatment programs.--The Attorney General 
shall ensure through the use of all appropriate and available 
incentives and sanctions that eligible prisoners undergo a program of 
substance abuse treatment.''.
    (b) Conforming Amendment.--The heading for paragraph (2) of section 
3621(e) of title 18, United States Code, is amended by striking 
``Incentive for prisoners' successful completion of treatment program'' 
and inserting ``Treatment requirement''.
    (c) Eligibility.--Clause (ii) of section 3621(e)(5)(B) of title 18, 
United States Code, is amended to read as follows:
    ``(ii) within 24 months of the date of release, or is otherwise 
designated by the Bureau of Prisons for participation in a residential 
substance abuse treatment program; and''.

                          Purpose and Summary

    H.R. 2650, the ``Mandatory Federal Prison Drug Treatment 
Act of 1996,'' was introduced for the purpose of eliminating 
sentencing inequities for federal offenders. Currently, the 
Bureau of Prisons (BOP) has the discretion to release a drug 
addicted nonviolent prisoner up to one year early if that 
prisoner successfully completes a drug treatment program. Non-
substance abusing prisoners incarcerated for the identical 
crime with the same criminal history are not eligible for such 
early release. In effect, drug abusing inmates are being 
rewarded for being addicts by having the opportunity to be 
released up to one year early. H.R. 2650 eliminates this 
discretionary authority.
    The bill directs the Attorney General to ensure that the 
BOP use all appropriate and available incentives and sanctions 
to motivate inmates to participate in a drug treatment program. 
H.R. 2650 does not authorize the revocation of good time as a 
means of encouraging prisoners to undergo substance abuse 
treatment.

                Background and Need for the Legislation

    In the Violent Crime Control and Law Enforcement Act of 
1994 (Public Law 103-322), early release authority was given to 
the Bureau of Prisons (BOP) for any substance addicted federal 
prisoners who successfully completed a residential drug 
program. The BOP was authorized to allow nonviolent prisoners 
who had completed the program to be released up to one year 
early. Under current law, non-substance abusing prisoners 
convicted of the identical crime with the same criminal history 
do not have any comparable opportunities for early release.
    H.R. 2650, the ``Mandatory Federal Prison Drug Treatment 
Act of 1996,'' was introduced for the purpose of eliminating 
these sentencing inequities for federal offenders. This bill 
abolishes the discretionary authority of the BOP to release an 
addicted nonviolent prisoner up to one year early. The bill 
does not eliminate the Bureau of Prisons' successful drug 
treatment program, nor does it eliminate good time as a means 
of encouraging eligible prisoners to undergo substance abuse 
treatment. Rather, H.R. 2650 requires the Attorney General to 
ensure that the BOP use all appropriate and available 
incentives and sanctions so that eligible prisoners undergo a 
program of substance abuse treatment. These inducements could 
include giving inmates preferred job and housing assignments, 
or letting them serve the ends of their sentences in halfway 
houses.
    H.R. 2650 also modifies the definition of who is eligible 
for a substance abuse program. The programs will now be 
available to any prisoner who is within twenty-four months of 
the date of release, or who is otherwise designated by the 
Bureau of Prisons as suited for participation in a substance 
abuse treatment program.
    In a letter dated April 16, 1996, the Department of Justice 
indicated its strong support of this legislation.

                                Hearings

    The Committee's Subcommittee on Crime held a hearing on 
H.R. 2650 on March 7, 1996. Testimony was received from one 
witness, Kevin V. DiGregory, Deputy Assistant Attorney General 
of the Criminal Division, representing the Department of 
Justice.

                        Committee Consideration

    On April 17, 1996, the Subcommittee on Crime met in open 
session and ordered favorably reported the bill H.R. 2650, as 
amended, by a voice vote, a quorum being present. On April 24, 
1996, the Full Committee met in open session and ordered 
favorably reported the bill H.R. 2650 with amendment by a voice 
vote, a quorum being present.

                         Vote of the Committee

    There were no recorded votes.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to H.R. 2650, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 31, 1996.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2650, the 
Mandatory Federal Prison Drug Treatment Act of 1996.
    Enacting H.R. 2650 would not affect direct spending and 
receipts. Therefore, pay-as-you-go procedures would not apply 
to this bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: H.R. 2650.
    2. Bill title: Mandatory Federal Prison Drug Treatment Act 
of 1996.
    3. Bill status: As ordered reported by the House Committee 
on the Judiciary on April 24, 1996.
    4. Bill purpose: This bill would repeal the authority of 
the Bureau of Prisons (BOP) to release from prison, up to one 
year earlier than would otherwise be allowed, a nonviolent 
prisoner with a substance abuse problem who has completed a 
residential drug treatment program. Such programs provide 
individual and group activities and counseling, lasting between 
6 months and 12 months, in residential treatment facilities 
separate from the general prison population. This bill also 
would direct the Attorney General to ensure that BOP uses all 
appropriate and available incentives and sanctions to encourage 
eligible prisoners to undergo treatment for substance abuse. 
Finally, the bill would limit the definition of an ``eligible 
prisoner'' to someone who has a substance abuse problem and who 
is within 24 months of the date of release, or to someone that 
BOP designates for participation in a residential program for 
treating substance abuse problems.
    5. Estimated cost to the Federal Government: As shown in 
the following table, CBO estimates that enacting H.R. 2650 
would increase discretionary spending by about $8 million in 
fiscal year 1997 and $95 million over the 1997-2002 period, 
assuming appropriation of the necessary funds.

----------------------------------------------------------------------------------------------------------------
           Spending subject to appropriations              1996    1997    1998    1999    2000    2001    2002 
----------------------------------------------------------------------------------------------------------------
Spending under current law:                                                                                     
    Estimated authorization level\1\....................   2,582   2,582   2,582   2,582   2,582   2,582   2,582
    Estimated outlays...................................   2,195   2,453   2,582   2,582   2,582   2,582   2,582
Proposed changes:                                                                                               
    Estimated authorization level.......................  ......       9      18      18      18      18      18
    Estimated outlays...................................  ......       8      16      17      18      18      18
Estimated spending under H.R. 2650:                                                                             
    Estimated authorization level\1\....................   2,582   2,591   2,600   2,600   2,600   2,600   2,600
    Estimated outlays...................................   2,195   2,461   2,598   2,599   2,600   2,600  2,600 
----------------------------------------------------------------------------------------------------------------
\1\ The 1996 level is the amount appropriated for that year. The estimated authorization levels for 1997 through
  2002 reflect CBO baseline estimates for BOP, assuming no adjustment for inflation.                            

    The costs of this bill fall within budget function 750.
    6. Basis of estimate: For purposes of this estimate, CBO 
assumes that H.R. 2650 would be enacted by October 1, 1996, and 
that the estimated authorization amounts would be appropriated 
for each year. We estimated outlays based on the historical 
rate of spending for BOP.
    Under current law, nonviolent prisoners who successfully 
complete a residential substance abuse treatment program can be 
released up to one year earlier than prisoner who do not 
complete such a program. According to BOP, during fiscal year 
1997 about 800 prisoners are expected to be released early from 
prison as a result of this provision. However, under H.R. 2650, 
such shorter sentences would be eliminated. As a result, CBO 
expects that under this bill, prisoners who otherwise would be 
released early now would serve one additional year in prison. 
According to BOP, the annual cost of incarcerating a prisoner 
is about $23,000. Assuming roughly 800 prisoners would be 
eligible for early release annually, CBO estimates that 
enacting H.R. 2650 would increase prison operating expenses by 
about $18 million annually once fully implemented, and by $95 
million over the 1997-2002 period. This estimate assumes that 
prisoners currently enrolled in treatment programs would lose 
their eligibility for early release. If this is not the case, 
initial costs would be lower.
    Ordinarily, BOP allows prisoners who have substance abuse 
problems to participate in a residential treatment program 36 
months before completing their prison sentences, if resources 
are available. While shortening the time period that prisoners 
have available to participate in a drug treatment program from 
36 months to 24 months prior to release may reduce these costs 
somewhat, CBO does not expect such savings to be significant.
    7. Pay-as-you-go considerations: None.
    8. Estimated impact on State, local, and tribal 
governments: H.R. 2650 contains no intergovernmental mandates 
as defined in Public Law 104-4 and would impose no direct costs 
on state, local, or tribal governments.
    9. Estimated impact on the private sector: H.R. 2650 would 
impose a new private-sector mandate on federal prisoners by 
effectively requiring prisoners with substance abuse problems 
to undergo a treatment program. The requirement would be 
enforced by imposing sanctions on those prisoners who choose 
not to participate. For purposes of Public Law 104-4, the 
private sector encompasses all persons or entities in the 
United States including individuals who are incarcerated. The 
cost of the treatment requirement would be borne by the federal 
government and, consequently, the direct costs imposed on the 
private sector would be zero.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Federal Cost Estimate: Susanne S. 
Mehlman, State and Local Governmental Impact: Leo Lex, Private 
Sector Impact: Matthew Eyles.
    12. Estimate approved by: Robert A. Sunshine (for Paul N. 
Van de Water, Assistant Director for Budget Analysis).

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that H.R. 
2650 will have no significant inflationary impact on prices and 
costs in the national economy.

                      Section-by-Section Analysis

Section 1.--Short title

    This section states that the short title of this bill is 
the ``Mandatory Federal Prison Drug Treatment Act of 1996.''

Sec. 2.--Elimination of sentencing inequities for drug offenders

    This section amends Sec. 3621(e)(2)(B) of title 18, United 
States Code, by directing the Attorney General to ensure, 
through the use of all appropriate and available incentives and 
sanctions, that eligible prisoners undergo a program of 
substance abuse treatment.
    This section also amends clause (ii) of Sec. 3621(e)(5)(B) 
of title 18, United States Code, by modifying the definition of 
eligibility, so that any prisoner who is within twenty-four 
months of the date of release, or is otherwise designated by 
the Bureau of Prisons for participation in a residential 
substance abuse program, is eligible for a substance abuse 
treatment program.

                              Agency Views

    The Committee received the following letter from the United 
States Department of Justice providing Administration views on 
H.R. 2650:
                        U.S. Department of Justice,
                             Office of Legislative Affairs,
                                    Washington, DC, April 16, 1996.
Hon. Bill McCollum,
Chairman, Subcommittee on Crime, Committee on the Judiciary, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: In preparation for your subcommittee's 
markup of H.R. 2650, the ``Mandatory Federal Prison Drug 
Treatment Act of 1995,'' this supplements my letter of March 
28, 1996, presenting the views of the Department of Justice 
concerning that legislation. In that letter, we indicated that 
the Department of Justice supports the principal features of 
this legislation with certain modifications.
    Since that time, the Department has been working with 
Representative Heineman, the sponsor of the bill, on those 
modifications. The attached amendment that we understand Rep. 
Heineman intends to propose is the result of that collaborative 
effort and is fully supported by the Department.
    The Office of Management and Budget advises that there is 
no objection to the submission of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                               Andrew Fois,
                                        Assistant Attorney General.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

              SECTION 3621 OF TITLE 18, UNITED STATES CODE

Sec. 3621. Imprisonment of a convicted person

  (a) * * *
          * * * * * * *
  (e) Substance Abuse Treatment.--
          (1) * * *
          (2) [Incentive for prisoners' successful completion 
        of treatment program] Treatment requirement.--
                  (A) Generally.--Any prisoner who, in the 
                judgment of the Director of the Bureau of 
                Prisons, has successfully completed a program 
                of residential substance abuse treatment 
                provided under paragraph (1) of this 
                subsection, shall remain in the custody of the 
                Bureau under such conditions as the Bureau 
                deems appropriate. If the conditions of 
                confinement are different from those the 
                prisoner would have experienced absent the 
                successful completion of the treatment, the 
                Bureau shall periodically test the prisoner for 
                substance abuse and discontinue such conditions 
                on determining that substance abuse has 
                recurred.
                  [(B) Period of custody.--The period a 
                prisoner convicted of a nonviolent offense 
                remains in custody after successfully 
                completing a treatment program may be reduced 
                by the Bureau of Prisons, but such reduction 
                may not be more than one year from the term the 
                prisoner must otherwise serve.]
                  (B) Administration of Treatment Programs.--
                The Attorney General shall ensure through the 
                use of all appropriate and available incentives 
                and sanctions that eligible prisoners undergo a 
                program of substance abuse treatment.
          * * * * * * *
          (5) Definitions.--As used in this subsection--
                  (A) * * *
                  (B) the term ``eligible prisoner'' means a 
                prisoner who is--
                          (i) determined by the Bureau of 
                        Prisons to have a substance abuse 
                        problem; and
                          [(ii) willing to participate in a 
                        residential substance abuse treatment 
                        program; and]
                          (ii) within 24 months of the date of 
                        release, or is otherwise designated by 
                        the Bureau of Prisons for participation 
                        in a residential substance abuse 
                        treatment program; and
          * * * * * * *