TITLE III—CRIMINAL JUSTICE
Subtitle A—Corrections
SEC. 301. BUREAU OF PRISONS.
(a) FELONS SENTENCED PURSUANT TO THE TRUTH-
IN-SENTENCING REQUIREMENTS.—Not later than Octo-
ber 1, 2001, any person who has been convicted of a felony
offense pursuant to the District of Columbia Code or the
truth-in-sentencing system as described in section 311
shall be designated by the Bureau of Prisons to a penal
or correctional facility operated or contracted for by the
Bureau of Prisons, for such term of imprisonment as the
court may direct. Such persons shall be subject to any law
or regulation applicable to persons committed for viola-
tions of laws of the United States consistent with the sen-
tence imposed.
(b) FELONS SENTENCED PURSUANT TO THE D.C.
CODE.—Notwithstanding any other provision of law, not
later than December 31, 2003, the Lorton Correctional
Complex shall be closed and the felony population sen-
tenced pursuant to the District of Columbia Code residing
at the Lorton Correctional Complex shall be transferred
to a penal or correctional facility operated or contracted
for by the Bureau of Prisons. The Bureau of Prisons shall
be responsible for the custody, care, subsistence, edu-
cation, treatment and training of such persons.
(c) FACILITIES.—To ensure that proper and ade-
quate facilities and personnel are available, the Bureau of
Prisons:
(1) Shall administer existing contracts with pri-
vate or public entities to house the sentenced felony
population.
(2) Shall privatize all minimum security facili-
ties and not less than least 1 medium security facil-
ity with a minimum of 1000 beds.
(3) May contract with private or public entities
to design, build, or operate new facilities that meet
standards set by the American Correctional Associa-
tion, except that no facility may be built on the
grounds of the Lorton Reservation.
(4) May build new facilities at a site selected by
the Bureau of Prisons, except that no facility may
be built on the grounds of the Lorton Reservation.
(d) NATIONAL CAPITAL PLANNING.—Notwithstand-
ing any other provision of law, the requirements of sec-
tions 71 through 74 of title 40, United States Code (relat-
ing to national capital planning) shall not apply to any
actions taken by the Bureau of Prisons or its agents or
employees.
(e) DEPARTMENT OF CORRECTIONS AUTHORITY.—
The District of Columbia Department of Corrections shall
remain responsible for the custody, care, subsistence, edu-
cation, treatment, and training of any person convicted of
a felony offense pursuant to the District of Columbia Code
and housed at the Lorton Correctional Complex until De-
cember 31, 2003, or the date on which the last inmate
housed at the Lorton Correctional Complex comes under
authority of the Bureau of Prisons, whichever is earlier.
(f) LORTON CORRECTIONAL COMPLEX.—Notwith-
standing any other provision of law, to the extent the Bu-
reau of Prisons assumes functions of the Department of
Corrections under this title, the Department is no longer
responsible for such functions and the provisions of ‘‘An
Act to create a Department of Corrections in the District
of Columbia’’, approved June 27, 1946 (D.C. Code 24–
441,442) that apply with respect to such functions are no
longer applicable. Any property on which the Lorton Cor-
rectional Complex is located shall be transferred to the
Department of the Interior.
SEC. 302. CORRECTIONS TRUSTEE.
(a) APPOINTMENT AND REMOVAL OF TRUSTEE.—
(1) APPOINTMENT.—The Attorney General, in
consultation with the Chairman of the District of
Columbia Financial Responsibility and Management
Assistance Authority (hereafter in this title referred
to as the ‘‘D.C. Control Board’’) and the Mayor of
the District of Columbia, shall appoint a Corrections
Trustee, who shall be an independent officer of the
government of the District of Columbia, to oversee
operations of the District of Columbia Department
of Corrections until the Bureau of Prisons has des-
ignated all felony offenders sentenced under the Dis-
trict of Columbia Code to a penal or correctional fa-
cility operated or contracted for by the Bureau of
Prisons under section 301.
(2) REMOVAL.—The Corrections Trustee may
be removed by the Mayor with the concurrence of
the Attorney General. The Attorney General shall
have the authority to remove the Corrections Trust-
ee for misfeasance or malfeasance in office. At the
request of the Corrections Trustee, the District of
Columbia Financial Responsibility and Management
Assistance Authority may exercise any of its powers
and authorities on behalf of the Corrections Trustee.
(b) DUTIES OF TRUSTEE.—Beginning on the date of
appointment and continuing until the felony population
sentenced pursuant to the District of Columbia Code re-
siding at the Lorton Correctional Complex is transferred
to a penal or correctional facility operated or contracted
for by the Bureau of Prisons, the Corrections Trustee
shall carry out the following responsibilities (notwithstand-
ing any law of the District of Columbia to the contrary):
(1) Exercise financial oversight over the Dis-
trict of Columbia Department of Corrections and al-
locate funds as enacted in law or as otherwise allo-
cated, including funds for short term improvements
which are necessary for the safety and security of
staff, inmates and the community.
(2) Purchase any necessary goods or services on
behalf of the District of Columbia Department of
Corrections consistent with Federal procurement
regulations as they apply to the Bureau of Prisons.
(3) In consultation with the Bureau of Prisons,
implement a personnel system.
(c) FUNDING.—
(1) IN GENERAL.—Funds available for the Cor-
rections Trustee, staff and all necessary and appro-
priate operations shall be made available to the ex-
tent provided in appropriations acts to the Correc-
tions Trustee. Funding requests shall be proposed
by the Corrections Trustee to the President and
Congress for each Fiscal Year. To the extent author-
ized by law, the Federal Government shall provide
funds for the incarceration of the felony population
sentenced pursuant to the District of Columbia Code
through the Corrections Trustee to the District of
Columbia Department of Corrections.
(2) REIMBURSEMENT
TO
BUREAU
OF
PRIS-
ONS.—Upon receipt of Federal funds, the Correc-
tions Trustee shall immediately provide an advance
reimbursement to the Bureau of Prisons of all funds
identified by the Congress for construction of new
prisons and major renovations, which shall remain
available until expended. The Bureau of Prisons
shall be responsible and accountable for determining
how these funds shall be used for renovation and
construction, including type, security level, and loca-
tion of new facilities.
(3) ACCOUNTABILITY AND REPORTS.—The Dis-
trict of Columbia Department of Corrections and the
Bureau of Prisons shall maintain accountability for
funds reimbursed from the Corrections Trustee, and
shall provide expense reports by project at the re-
quest of the Corrections Trustee.
(d) COMPENSATION AND DETAILEES.—The Correc-
tions Trustee shall be compensated at a rate not to exceed
the basic pay payable for Level IV of the Executive Sched-
ule. The Corrections Trustee may appoint and fix the pay
of additional staff without regard to the provisions of the
District of Columbia Code governing appointments and
salaries, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification and General Sched-
ule pay rates. Upon request of the Corrections Trustee,
the head of any Federal department or agency may, on
a reimbursable or nonreimbursable basis, provide services
and detail any personnel of that department or agency to
the Corrections Trustee to assist in carrying out his du-
ties.
(e) PROCUREMENT
AND JUDICIAL REVIEW.—The
provisions of the District of Columbia Code governing pro-
curement shall not apply to the Corrections Trustee. The
Corrections Trustee may seek judicial enforcement of his
authority to carry out his duties.
(f) PRESERVATION OF RETIREMENT AND CERTAIN
OTHER RIGHTS OF FEDERAL EMPLOYEES WHO BECOME
EMPLOYED BY THE CORRECTIONS TRUSTEE.—
(1) IN
GENERAL.—A Federal employee who,
within 3 days after separating from the Federal
Government, is appointed Corrections Trustee or be-
comes employed by the Corrections Trustee—
(A) may elect, for purposes of the retire-
ment system in which that individual last par-
ticipated before so separating, to have such in-
dividual’s period of service with the Corrections
Trustee treated in the same way as if per-
formed in the position within the Federal Gov-
ernment from which separated, subject to the
requisite employee deductions and agency con-
tributions being currently deposited in the ap-
propriate fund; and
(B) if, after serving with the Corrections
Trustee, such employee becomes reemployed by
the Federal Government, he shall be entitled to
credit for the full period of such individual’s
service with the Corrections Trustee, for pur-
poses of determining the applicable leave ac-
crual rate.
(2) RETIREMENT.—
(A) CONTRIBUTIONS.—For purposes of
subparagraph (A) of paragraph (1)—
(i) the employee deductions referred
to in such paragraph shall be made from
basic pay for service with the Corrections
Trustee, and shall be computed using the
same percentage as would then apply if the
individual were instead serving in the posi-
tion within the Federal Government from
which separated; and
(ii) the agency contributions referred
to in such paragraph shall be made by the
Corrections Trustee.
(B) 
DOUBLE
COVERAGE
NOT
PER-
MITTED.—An individual who makes an election
under paragraph (1)(A) shall be ineligible, while
such election remains in effect, to participate in
any retirement system for employees of the gov-
ernment of the District of Columbia.
(3) REGULATIONS.—The Office of Personnel
Management shall prescribe such regulations as may
be necessary to carry out this subsection. Regula-
tions to carry out paragraph (1)(A) shall be pre-
scribed in consultation with the office or agency of
the government of the District of Columbia having
jurisdiction over any retirement system referred to
in paragraph (2)(B).
SEC. 303. AUTHORITY OF TRUSTEE AND BUREAU OF PRIS-
ONS.
(a) MEMORANDUM OF UNDERSTANDING.—The Cor-
rections Trustee may enter into a Memorandum of Under-
standing with the Bureau of Prisons to allow the Correc-
tions Trustee to enter into contracts with public or private
entities to lease beds or facilities for a period of time that
may extend longer than the trusteeship. To the extent that
such contracts affect incarcerated felony offenders, the
Bureau of Prisons shall assume administration of the con-
tracts when the Bureau of Prisons gains authority over
incarcerated felony offenders sentenced pursuant to the
District of Columbia Code.
(b) SEPARATION OF PRISONERS.—The Corrections
Trustee and the Bureau of Prisons may house the felony
population sentenced pursuant to the District of Columbia
Code in any facility that meets the requirements of the
American Correctional Association. The Corrections
Trustee and the Bureau of Prisons may construct or cause
to be constructed any such facility at sites determined by
the Bureau of Prisons or the Corrections Trustee, but in
no case at the Lorton Reservation.
(c) REDUCTION AND ELIMINATION OF LORTON COR-
RECTIONAL COMPLEX.—The Corrections Trustee and the
Bureau of Prisons shall have a mission to reduce and
empty the Lorton Correctional Complex through all means
authorized, as soon as possible.
SEC. 304. PRIORITY PLACEMENT FOR EMPLOYEES OF THE
DISTRICT OF COLUMBIA.
(a) ESTABLISHMENT.—As soon as practicable after
appointment, the Corrections Trustee shall establish a pri-
ority placement program to facilitate employment place-
ment for employees of the District of Columbia who are
scheduled to be separated from service due to the assump-
tion of authority by the Corrections Trustee.
(b) PROVISIONS.—The priority placement program
shall include provisions under which a vacant position
shall not be filled by the appointment or transfer of any
individual from outside of the District of Columbia correc-
tions system if there is available any individual within the
system who meets all qualification and suitability require-
ments of the Bureau of Prisons.
SEC. 305. AMENDMENTS RELATED TO PERSONS WITH A
MENTAL DISEASE OR DEFECT.
Title 18, United States Code, is amended as follows:
(1) Section 4246 is amended—
(A) in subsection (a) by inserting ‘‘in the
custody of the Bureau of Prisons’’ after ‘‘cer-
tifies that a person’’; and
(B) by adding at the end the following new
subsection:
‘‘(h) DEFINITION.—As used in this chapter the term
‘‘State’’ includes the District of Columbia.’’.
(2) Section 4247(a) is amended—
(A) in paragraph (1)(D) by striking ‘‘and’’
after the semi-colon;
(B) in paragraph (2) by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(3) ‘State’ includes the District of Columbia.’’.
(3) Section 4247(j) of title 18, United States
Code, is amended by striking ‘‘This chapter does’’
and inserting ‘‘Sections 4241, 4242, 4243, and 4244
do’.
SEC. 
306. 
LITIGATION 
AUTHORITY 
OF 
CORRECTIONS
TRUSTEE.
(a) CORPORATION COUNSEL.—Subject to subsection
(b), the Corporation Counsel of the District of Columbia
shall provide litigation services to the Corrections Trustee,
except that the Trustee may instead elect, either generally
or in relation to particular cases or classes of cases, to
hire necessary staff and personnel or enter into contracts
for the provision of litigation services at the Trustee’s ex-
pense.
(b) ATTORNEY GENERAL.—
(1) IN GENERAL.—Notwithstanding subsection
(a), with respect to any litigation involving the Cor-
rections Trustee, the Attorney General may—
(A) direct the litigation on behalf of the
Trustee; and
cial and other personnel, and other persons con-
nected with the sentencing process;
(B) to hold hearings and call witnesses
that might assist the Commission in the exer-
cise of its powers;
(C) to perform such other functions as
may be necessary to carry out the purposes of
this section; and
(D) except as otherwise provided, to con-
duct business, exercise powers, and fulfill duties
by the vote of a majority of the members
present at any meeting.
(4) PROHIBITION OF CAPITAL PUNISHMENT AU-
THORITY.—The Commission shall not have authority
to provide for capital punishment under any law ap-
plicable exclusively to the District of Columbia.
(h) REPORTS TO CONGRESS.—The Commission shall
transmit to Congress a copy of the sentencing system it
adopts.
(i) LITIGATION AUTHORITY.—
(1) CORPORATION COUNSEL.—Subject to para-
graph (2), the Corporation Counsel of the District of
Columbia shall provide litigation services to the
Commission, except that the Commission may in-
stead elect, either generally or in relation to particu-