I
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 Depart-
ment 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 crimi-
nal aliens and to provide for the transfer of closed mili-
tary 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 
1. 
FEDERAL 
INCARCERATION 
OF 
UNDOCU-
MENTED 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 cus-
tody of the Federal Government, and shall incarcerate for
a determinate sentence of imprisonment, an undocu-
mented criminal alien if—
‘‘(A) the chief State or county official exercising
authority with respect to the incarceration of the un-
documented criminal alien submits a written request
to the Attorney General; and
‘‘(B) the undocumented criminal alien is sen-
tenced to a determinate term of imprisonment.
‘‘(2) For purposes of this subsection, the term ‘un-
documented criminal alien’ means an alien who—
‘‘(A) has been convicted of a felony and sen-
tenced to a term of imprisonment, and
‘‘(B)(i) entered the United States without in-
spection or at any time or place other than as des-
ignated 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 undocu-
mented criminal aliens incarcerated in Federal facilities
pursuant to this subsection are held in facilities which pro-
vide a level of security appropriate to the crimes for which
they were convicted.’’.
SEC. 2. TRANSFER OF CLOSED MILITARY BASES FOR FED-
ERAL 
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.
Æ