[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 418 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 418

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 SENATE OF THE UNITED STATES

                             March 10, 1997

  Mr. Warner introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 the 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:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services or the Administrator's 
        designated representative.
            (2) Commission.--The term ``Commission'' means the 
        Commission on Closure of the Lorton Correctional Complex 
        established under section 5(a).
            (3) Lorton correctional complex.--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) Implementation plan.--The term ``Implementation Plan'' 
        means the Implementation Plan described in section 4.
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