[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 461 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 461
To close the Lorton Correctional Complex, to prohibit the incarceration
of individuals convicted of felonies under the laws of the District of
Columbia in facilities of the District of Columbia Department of
Corrections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 1995
Mr. Wolf (for himself, Mr. Moran, and Mr. Davis) introduced the
following bill; which was referred to the Committee on Government
Reform and Oversight and, in addition, to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideratrion of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To close the Lorton Correctional Complex, to prohibit the incarceration
of individuals convicted of felonies under the laws of the District of
Columbia in facilities of the District of Columbia Department of
Corrections, 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 ``Lorton Correctional Complex Closure
Act''.
SEC. 2. CLOSURE OF THE LORTON CORRECTIONAL COMPLEX.
(a) In General.--Notwithstanding any other provision of law, not
later than 6 years after the date of the enactment of this Act, all
real property and improvements thereon comprising the Lorton
Correctional Complex as of the date of the enactment of this Act (other
than any such property retained by the District of Columbia under the
Implementation Plan described in section 4) shall be transferred to the
Administrator of General Services for disposal in accordance with the
Implementation Plan described in section 4.
(b) Prohibiting Placement of Future District of Columbia Prison
Facilities in Virginia.--No prison, penitentiary, jail, correctional
institution, or related facility of the District of Columbia may be
established in the Commonwealth of Virginia after the date of the
enactment of this Act without the approval of the Governor of Virginia.
SEC. 3. INCARCERATION OF DISTRICT OF COLUMBIA FELONS.
(a) Transfer to Federal Custody.--
(1) In general.--Notwithstanding any other provision of
law, any District of Columbia felon who is committed to the
custody of the Attorney General for a term of imprisonment on
or after the date of the enactment of this Act shall be
incarcerated in a facility designated by the Director of the
Bureau of Prisons, in accordance with such rules as the
Attorney General may establish to assure that the treatment of
District of Columbia felons is similar to the treatment of
other individuals under the control of the Director of the
Bureau of Prisons.
(2) Transition rule.--In the case of an individual
convicted of a felony in the Superior Court of the District of
Columbia who is under the custody and control of the Director
of the District of Columbia Department of Corrections as of the
date of the enactment of this Act, the individual shall be
transferred to the control of the Director of the Bureau of
Prisons not later than 5 years after the date of the enactment
of this Act.
(3) Conforming amendment.--Section 4042 of title 18, United
States Code, is amended--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) provide suitable quarters and provide for the
safekeeping, care and subsistence and for the protection,
instruction and discipline of all District of Columbia felons
(as defined in section 3(b) of the Lorton Correctional Complex
Closure Act) who are sentenced to death or committed to the
custody of the Attorney General for a term of imprisonment.''.
(b) District of Columbia Felon Defined.--The term ``District of
Columbia felon'' means an individual convicted in the Superior Court of
the District of Columbia of an offense punishable by death or
imprisonment for a term exceeding one year (without regard to the
sentence actually imposed), but does not include any individual
convicted in the Superior Court of the District of Columbia of a
misdemeanor offense, as a juvenile offender, or any person detained
pending trial in the Superior Court of the District of Columbia.
SEC. 4. IMPLEMENTATION PLAN.
(a) Description of Plan.--In accordance with the process described
in subsection (b), not later than 18 months after the date of the
enactment of this Act, the Administrator of General Services shall
submit to Congress an Implementation Plan for the closure of the Lorton
Correctional Complex which shall identify actions with respect to each
of the following:
(1) The future use of the land on which the Complex is
located, including (if appropriate) plans for a regional park
at the site.
(2) The need to address the impact of such future uses on
local and regional transportation resources.
(3) If appropriate, the transfer of real property and
improvements thereon to Federal agencies (including the Bureau
of Prisons) for Federal use, the Government of the District of
Columbia, or any other governmental entity.
(4) If appropriate, the disposal of real property or
improvements thereon.
(5) Changes in law or regulation necessary to effect the
purposes of this Act and the closure of the Lorton Correctional
Complex.
(6) Such other actions as considered appropriate by the
Administrator to effectively implement this Act.
(b) Process for Submission of Final Implementation Plan.--
(1) Development and submission of initial proposal by
commission.--Not later than 13 months after the date of the
enactment of this Act, the Commission shall develop and submit
to the Administrator a proposal for the Implementation Plan.
(2) Review of commission proposal.--Not later than 4 months
after receiving the proposal for the Implementation Plan from
the Commission under paragraph (1), the Administrator shall
submit a proposal for the Plan to the Commission for comment
and review.
(3) Comments of commission.--During the 1 month period
beginning on the date the Administrator submits the proposed
final Implementation Plan to the Commission under paragraph
(2), the Commission and each of its members may submit comments
on the Plan to the Administrator. Any comments made by the
Commission or any individual commissioner shall be transmitted
by the Administrator with the final Implementation Plan under
paragraph (4).
(4) Submission of final plan.--Not later than 18 months
after the date of the enactment of this Act, the Administrator
shall submit to Congress the final Implementation Plan for the
closure of the Lorton Correctional Complex.
(c) Automatic Implementation of Plan.--The Implementation Plan
submitted by the Administrator under subsection (b)(4) shall take
effect at the end of the 60-day period beginning on the day such plan
is transmitted to the Speaker of the House of Representatives and the
President of the Senate.
SEC. 5. COMMISSION ON CLOSURE OF LORTON CORRECTIONAL COMPLEX.
(a) Establishment.--There is hereby established a commission to be
known as the Commission on Closure of the Lorton Correctional Complex.
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 11 members appointed not later than 1 month after
the date of the enactment of this Act as follows:
(A) The Fairfax County Board of Supervisors shall
appoint 5 members, one of which shall be specially
qualified by training and experience in matters
relating to regional transportation problems and
issues.
(B) The Prince William County Board of Supervisors
shall appoint 3 members.
(C) The Mayor of the District of Columbia, with the
advice and consent of the District of Columbia City
Council, shall appoint 2 members.
(D) The Administrator shall serve as an ex officio
member.
(2) Continuation of membership.--
(A) General rule.--Except as provided in
subparagraph (B), if a member was appointed to the
Commission because the member was an officer or
employee of any government or if a member is appointed
to the Commission and later becomes an officer or
employee of a government, the member may continue
service on the Commission for not longer than the 30-
day period beginning on the date the member ceases to
be such an officer or employee or becomes such an
officer or employee, as the case may be.
(B) Exception.--Service as a member of the
Commission shall not be discontinued pursuant to
subparagraph (A) in the case of a member who has served
on the Commission for not less than 3 months.
(3) Terms.--Each member of the Commission shall be
appointed for the life of the Commission.
(4) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term, except that a member may serve
after the expiration of that member's term until a successor
has taken office. A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) Compensation.--No member of the Commission may receive
additional pay, allowances, or benefits by reason of service on
the Commission.
(6) Quorum.--6 members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(7) Chairperson; vice chairperson.--The Chairperson and
Vice Chairperson of the Commission shall be elected by a
majority of the members of the Commission.
(c) Director and Staff; Experts and Consultants.--
(1) Director.--The Commission shall, without regard to
section 5311(b) of title 5, United States Code, have a Director
who shall be appointed by the Commission and paid at the rate
of basic pay payable for Level III of the Executive Schedule.
(2) Appointment and pay of staff.--The Commission may
appoint such personnel as it considers appropriate without
regard to the provisions of title 5, United States Code,
governing appointment to the competitive service. Such
personnel shall be paid in accordance with the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification and General Schedule
pay rates.
(3) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(4) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties.
(d) Powers.--
(1) Hearings and sessions.--
(A) In general.--The Commission may hold hearings,
sit and act at times and places, take testimony, and
receive evidence as the Commission considers
appropriate to carry out its duties under this Act. The
Commission may administer oaths or affirmations to
witnesses appearing before it.
(B) Maximization of local involvement.--The
Commission shall hold its hearings in a place and
manner which maximizes local community involvement,
input, and participation.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(3) Information.--The Commission may secure directly from
any department or agency of the United States any information
necessary to enable it to carry out its duties under this Act.
Upon request of the Chairperson or Vice Chairperson of the
Commission, the head of that department or agency shall furnish
that information to the Commission to the extent otherwise
permitted by law.
(4) Gifts and donations.--The Commission may accept, use,
and dispose of gifts or donations of services or property.
(5) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(6) Administrative support services.--The Administrator
shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
(e) Termination.--The Commission shall terminate 30 days after
submitting its final comments pursuant to section 4(b)(3).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Commission for carrying out its duties under this
Act an amount not to exceed $200,000.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ``Administrator'' means the Administrator of
General Services or the Administrator's designated
representative.
(2) The term ``Commission'' means the Commission on Closure
of the Lorton Correctional Complex established under section
5(a).
(3) The term ``Lorton Correctional Complex'' means any
District of Columbia correctional, reformatory, or related
facility which is located in the Commonwealth of Virginia and
which is operated under the authority, control, supervision or
management of the District of Columbia Department of
Corrections, the Mayor of the District of Columbia, or any
other agency or official of the District of Columbia.
(4) The term ``Implementation Plan'' means the
Implementation Plan described in section 4.
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