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103D CONGRESS

1ST SESSION H. R. 3336

To amend title 18, United States Code, to provide mandatory life imprisonment for persons convicted of a third violent felony and to provide

for the conversion of three military installations to be closed under

the base closure laws into Federal prison facilities capable of incarcerating these persons.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 21, 1993

Mr. LIVINGSTON introduced the following bill; which was referred jointly to

the Committees on the Judiciary and Armed Services

A BILL

To amend title 18, United States Code, to provide mandatory

life imprisonment for persons convicted of a third violent

felony and to provide for the conversion of three military

installations to be closed under the base closure laws

into Federal prison facilities capable of incarcerating

these persons.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. LIFE IMPRISONMENT FOR EGREGIOUS RECIDI4 VISTS.

5 Section 3581 of title 18, United States Code, is

6 amended by adding at the end the following:
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1 ‘‘(c) IMPRISONMENT OF CERTAIN VIOLENT FEL2 ONS.—

3 ‘‘(1) GENERAL RULE.—Notwithstanding any

4 other provision of this title or any other law, in the

5 case of a conviction for a Federal violent felony, the

6 court shall sentence the defendant to prison for life

7 if the defendant has previously been convicted of two

8 other violent felonies.

9 ‘‘(2) DEFINITION.—As used in this section the

10 term ‘‘violent felony’’ is a State or Federal crime of

11 violence (as defined in section 16 of this title)—

12 ‘‘(A) that involves the threatened use, use,

13 or the risk of use of physical force against the

14 person of another;

15 ‘‘(B) for which the maximum authorized

16 imprisonment exceeds one year; and

17 ‘‘(C) which is not designated a mis18 demeanor by the law that defines the offense.

19 ‘‘(3) RULE OF CONSTRUCTION.—This sub20 section shall not be construed to prevent the imposi21 tion of the death penalty.’’.

22 SEC. 2. CONVERSION OF THREE CLOSED MILITARY INSTAL23 LATIONS INTO FEDERAL PRISON FACILITIES.

24 (a) STUDY OF SUITABLE BASES.—The Secretary of

25 Defense and the Attorney General shall jointly conduct a
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1 study of all military installations selected before the date

2 of the enactment of this Act to be closed pursuant to a

3 base closure law for the purpose of evaluating the suit4 ability of any of these installations, or portions of these

5 installations, for conversion into Federal prison facilities.

6 As part of the study, the Secretary and the Attorney Gen7 eral shall identify the three military installations so evalu8 ated that are most suitable for conversion into Federal

9 prison facilities.

10 (b) SUITABILITY FOR CONVERSION.—In evaluating

11 the suitability of a military installation for conversion into

12 a Federal prison facility, the Secretary of Defense and the

13 Attorney General shall consider the estimated cost to con14 vert the installation into a prison facility, the proximity

15 of the installation to overcrowded Federal and State pris16 on facilities, and such other factors as the Secretary and

17 the Attorney General consider to be appropriate.

18 (c) TRANSFER TO ATTORNEY GENERAL.—Notwith19 standing any other provision of law regarding disposal of

20 military installations selected to be closed pursuant to a

21 base closure law, the Secretary of Defense shall transfer,

22 without reimbursement, jurisdiction over the three instal23 lations identified under subsection (a) to the Attorney

24 General for conversion into Federal prison facilities. The

25 Federal prison facilities established using these installa-
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1 tions shall be designed to incarcerate persons convicted of

2 a Federal violent felony. Upon a space available basis, the

3 Attorney General may accept transfers from overcrowded

4 State prisons if the persons to be transferred had pre5 viously been convicted of a Federal violent felony or are

6 serving a sentence of more than 20 years.

7 (d) TIME FOR STUDY.—The study required by sub8 section (a) shall be completed not later than 180 days

9 after the date of the enactment of this Act.

10 (e) DEFINITIONS.—For purposes of this section:

11 (1) The term ‘‘base closure law’’ means—

12 (A) The Defense Base Closure and Re13 alignment Act of 1990 (part A of title XXIX of

14 Public Law 101–510; 10 U.S.C. 2687 note); or

15 (B) Title II of the Defense Authorization

16 Amendments and Base Closure and Realign17 ment Act (Public Law 100–526; 10 U.S.C.

18 2687 note).

19 (2) The term ‘‘violent felony’’ has the meaning

20 given that term in section 3581(c)(2) of title 18,

21 United States Code.

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