[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2306 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2306

 To provide for Federal incarceration of undocumented criminal aliens 
and to provide for the transfer of closed military bases to the Justice 
   Department for use as prison facilities for the incarceration of 
                            criminal aliens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 27, 1993

Mr. Condit introduced the following bill; which was referred jointly to 
           the Committees on the Judiciary and Armed Services

_______________________________________________________________________

                                 A BILL


 
 To provide for Federal incarceration of undocumented criminal aliens 
and to provide for the transfer of closed military bases to the Justice 
   Department for use as prison facilities for the incarceration of 
                            criminal aliens.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FEDERAL INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.

    (a) Federal Incarceration.--Section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252) is amended by adding at the end the 
following:
    ``(j)(1) The Attorney General shall take into the custody of the 
Federal Government, and shall incarcerate for a determinate sentence of 
imprisonment, an undocumented criminal alien if--
            ``(A) the chief State or county official exercising 
        authority with respect to the incarceration of the undocumented 
        criminal alien submits a written request to the Attorney 
        General; and
            ``(B) the undocumented criminal alien is sentenced to a 
        determinate term of imprisonment.
    ``(2) For purposes of this subsection, the term `undocumented 
criminal alien' means an alien who--
            ``(A) has been convicted of a felony and sentenced to a 
        term of imprisonment, and
            ``(B)(i) entered the United States without inspection or at 
        any time or place other than as designated by the Attorney 
        General, or
            ``(ii) was the subject of exclusion or deportation 
        proceedings at the time he or she was taken into custody by the 
        State or county.
    ``(3) The Attorney General shall ensure that undocumented criminal 
aliens incarcerated in Federal facilities pursuant to this subsection 
are held in facilities which provide a level of security appropriate to 
the crimes for which they were convicted.''.

SEC. 2. TRANSFER OF CLOSED MILITARY BASES FOR FEDERAL CRIMINAL ALIEN 
              INCARCERATION FACILITIES.

    (a) Priority Availability to Department of Justice.--
Notwithstanding any other provision of law, a military installation to 
be closed under a base closure law shall be made available, as 
determined by the Attorney General, to the Department of Justice for 
use as a facility for the incarceration of undocumented aliens 
convicted of Federal offenses and undocumented criminal aliens under 
section 242(j) of the Immigration and Nationality Act).
    (b) Definition.--For purposes of this section, the term ``base 
closure law'' means each of the following:
            (A) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
            (B) Title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
        2687 note).
            (C) Section 2687 of title 10, United States Code.
            (D) Any other similar law enacted after the date of the 
        enactment of this Act.

                                 <all>