I
103D CONGRESS
1ST SESSION
H. R. 3584
To encourage each State to adopt truth in sentencing laws and to help
fund additional spaces in the State correctional programs as needed.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 20, 1993
Mr. CHAPMAN (for himself, Mr. YOUNG of Alaska, Mr. PETE GEREN of Texas,
Mr. GEKAS, and Mr. BREWSTER) introduced the following bill; which was
referred jointly to the Committees on the Judiciary and Post Office and
Civil Service
A BILL
To encourage each State to adopt truth in sentencing laws
and to help fund additional spaces in the State correc-
tional programs as needed.
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 ‘‘Truth in Sentencing
Act of 1993’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) it is the responsibility of the Federal Gov-
ernment to provide States with assistance in reduc-
ing violent crime;
(2) the responsibility for protecting citizens
against most violent crime and for punishing most
violent criminal offenders is primarily a matter of
State and local governance;
(3) the incidence of violent crime nationwide
has risen dramatically and constitutes a national pri-
ority of the highest order; and
(4) the United States Sentencing Guidelines
have proven to be an effective means of achieving,
at the Federal level, a more uniform, proportionate,
predictable, and appropriately punitive criminal sen-
tencing system by incorporating truth in sentencing
provisions which restrict release of a convicted crimi-
nal until at least 85 percent of the sentence which
has been imposed by a judge or jury has been
served.
SEC. 3. GRANTS FOR TRUTH IN SENTENCING.
(a) GRANT AUTHORIZATION.—The Director of the
Bureau of Justice Assistance is authorized to provide
grants to States to build, expand or operate space in cor-
rectional facilities in order to implement truth in sentenc-
ing requirements.
(b) ELIGIBILITY.—In order to be eligible for funding
under this Act, a State shall have in effect throughout the
State truth in sentencing requirements which include—
(1) a provision in its criminal code which re-
stricts parole, good-time credit release, or other
forms of early release to require that criminals con-
victed of crimes of violence, as herein defined, serve
at least 85 percent of the sentence imposed by a
judge or jury;
(2) a provision which requires the sentencing
authority to allow the defendant’s victims or the
family of victims the opportunity to be heard regard-
ing the issue of sentencing;
(3) a provision which allows as a sentencing op-
tion a ‘‘life sentence’’ without the possibility of pa-
role; and
(4) a provision which provides that the victim
and victim’s family is notified whenever such defend-
ant is to be released.
(c) EXCEPTION.—The sentencing requirements under
paragraphs (1) and (4) of subsection (b) shall apply except
that the State may provide that the Governor of the State
may allow for the release of a prisoner after a public hear-
ing in which representatives of the public and the pris-
oner’s victims have an opportunity to be heard regarding
a proposed release.
(d) ADDITIONAL ELIGIBILITY PROVISION.—A State
shall also be eligible for funding under this Act when such
State has enacted legislation that provides for the State
to be in compliance with this section not later than 3 years
after the date of the enactment of such legislation.
SEC. 4. FEDERAL FUNDS.
(a) DISTRIBUTION OF FUNDS.—Of the total amount
of funds appropriated under this Act in any fiscal year,
there shall be allocated to each participating State an
amount which bears the same ratio to the amount of funds
appropriated pursuant to this Act as the number of pris-
oners convicted of violent crimes serving sentences during
the previous fiscal year in that State bears to the number
of prisoners convicted of crimes of violence, as herein de-
fined, serving sentences during the previous fiscal year in
all the participating States. (Such numbers of prisoners
to be determined by the Bureau of Justice Statistics.)
(b) AUTHORIZATION OF APPROPRIATIONS.—In order
to build and operate the spaces in correctional facilities
necessary to implement the required truth in sentencing
provisions, there are authorized to be appropriated—
(1) $500,000,000 for fiscal year 1994;
(2) $1,000,000,000 for fiscal year 1995;
(3) $2,000,000,000 for fiscal year 1996;
(4) $3,000,000,000 for fiscal year 1997; and
(5) $4,000,000,000 for fiscal year 1998;
(c) LIMITATIONS ON FUNDS.—
(1) NONSUPPLANTING REQUIREMENT.—Funds
made available under this section shall not be used
to supplant State funds, but shall be used to in-
crease the amount of funds that would, in the ab-
sence of Federal funds, be made available from
State sources.
(2) ADMINISTRATIVE COSTS.—Not more than 3
percent of the funds available under this section may
be used for administrative costs.
(3) MATCHING
FUNDS.—The portion of the
costs of a program provided by a grant under this
section may not exceed 75 percent of the total costs
of the program as described in the application.
(4) DURATION OF GRANTS.—A grant under this
section may be renewed for up to 3 years beyond the
initial year of funding if the Director determines
that 
the 
applicant 
demonstrates 
satisfactory
progress toward achievement of the objectives set
out in an approved application.
SEC. 5. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT
POSITIONS.
(a) DEFINITION.—For purposes of this section, the
term ‘‘agency’’ means an executive agency as defined
under section 105 of title 5, United States Code, but does
not include the General Accounting Office.
(b) LIMITATIONS ON FULL-TIME EQUIVALENT POSI-
TIONS.—The President, through the Office of Manage-
ment and Budget (in consultation with the Office of Per-
sonnel Management), shall ensure that the total number
of full-time equivalent positions in all agencies shall not
exceed—
(1) 2,095,182 during fiscal year 1994;
(2) 2,044,100 during fiscal year 1995;
(3) 2,003,845 during fiscal year 1996;
(4) 1,963,593 during fiscal year 1997;
(5) 1,923,339 during fiscal year 1998; and
(6) 1,883,086 during fiscal year 1999.
(c) MONITORING AND NOTIFICATION.—The Office of
Management and Budget, after consultation with the Of-
fice 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 require-
ments under subsection (b) are met, and
(2) notify the President and the Congress on
the first date of each quarter of each applicable fis-
cal 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, an agency may not 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 po-
sitions for all agencies equals or is less than the applicable
number required under subsection (b).
SEC. 6. DEFINITION; CRIME OF VIOLENCE.
For purposes of this Act, the term ‘‘crime of vio-
lence’’ has the same meaning given such term in section
16 of title 18, United States Code.
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