I
103D CONGRESS
1ST SESSION
H. R. 3336
To amend title 18, United States Code, to provide mandatory life imprison-
ment 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 incarcerat-
ing 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LIFE IMPRISONMENT FOR EGREGIOUS RECIDI-
VISTS.
Section 3581 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(c) IMPRISONMENT
OF CERTAIN VIOLENT FEL-
ONS.—
‘‘(1) GENERAL
RULE.—Notwithstanding any
other provision of this title or any other law, in the
case of a conviction for a Federal violent felony, the
court shall sentence the defendant to prison for life
if the defendant has previously been convicted of two
other violent felonies.
‘‘(2) DEFINITION.—As used in this section the
term ‘‘violent felony’’ is a State or Federal crime of
violence (as defined in section 16 of this title)—
‘‘(A) that involves the threatened use, use,
or the risk of use of physical force against the
person of another;
‘‘(B) for which the maximum authorized
imprisonment exceeds one year; and
‘‘(C) which is not designated a mis-
demeanor by the law that defines the offense.
‘‘(3) RULE
OF
CONSTRUCTION.—This sub-
section shall not be construed to prevent the imposi-
tion of the death penalty.’’.
SEC. 2. CONVERSION OF THREE CLOSED MILITARY INSTAL-
LATIONS INTO FEDERAL PRISON FACILITIES.
(a) STUDY OF SUITABLE BASES.—The Secretary of
Defense and the Attorney General shall jointly conduct a
study of all military installations selected before the date
of the enactment of this Act to be closed pursuant to a
base closure law for the purpose of evaluating the suit-
ability of any of these installations, or portions of these
installations, for conversion into Federal prison facilities.
As part of the study, the Secretary and the Attorney Gen-
eral shall identify the three military installations so evalu-
ated that are most suitable for conversion into Federal
prison facilities.
(b) SUITABILITY FOR CONVERSION.—In evaluating
the suitability of a military installation for conversion into
a Federal prison facility, the Secretary of Defense and the
Attorney General shall consider the estimated cost to con-
vert the installation into a prison facility, the proximity
of the installation to overcrowded Federal and State pris-
on facilities, and such other factors as the Secretary and
the Attorney General consider to be appropriate.
(c) TRANSFER TO ATTORNEY GENERAL.—Notwith-
standing any other provision of law regarding disposal of
military installations selected to be closed pursuant to a
base closure law, the Secretary of Defense shall transfer,
without reimbursement, jurisdiction over the three instal-
lations identified under subsection (a) to the Attorney
General for conversion into Federal prison facilities. The
Federal prison facilities established using these installa-
tions shall be designed to incarcerate persons convicted of
a Federal violent felony. Upon a space available basis, the
Attorney General may accept transfers from overcrowded
State prisons if the persons to be transferred had pre-
viously been convicted of a Federal violent felony or are
serving a sentence of more than 20 years.
(d) TIME FOR STUDY.—The study required by sub-
section (a) shall be completed not later than 180 days
after the date of the enactment of this Act.
(e) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘base closure law’’ means—
(A) The Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note); or
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realign-
ment Act (Public Law 100–526; 10 U.S.C.
2687 note).
(2) The term ‘‘violent felony’’ has the meaning
given that term in section 3581(c)(2) of title 18,
United States Code.
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