I
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 Colum-
bia 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 pe-
riod 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 Representa-
tives 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 provi-
sion 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 de-
scribed in section 4.
(b) PROHIBITING PLACEMENT OF FUTURE DISTRICT
OF COLUMBIA PRISON FACILITIES IN VIRGINIA.—No pris-
on, penitentiary, jail, correctional institution, or related fa-
cility of the District of Columbia may be established in
the Commonwealth of Virginia after the date of the enact-
ment 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 Attor-
ney General may establish to assure that the treat-
ment 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 indi-
vidual 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 Colum-
bia Department of Corrections as of the date of the
enactment of this Act, the individual shall be trans-
ferred 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 para-
graph (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 Colum-
bia 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 con-
victed 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 Con-
gress an Implementation Plan for the closure of the
Lorton Correctional Complex which shall identify actions
with respect to each of the following:
the Commission shall develop and submit to the Ad-
ministrator 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 com-
ment and review.
(3) COMMENTS OF COMMISSION.—During the 1
month period beginning on the date the Adminis-
trator 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 individ-
ual commissioner shall be transmitted by the Admin-
istrator 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 transmit-
ted to the Speaker of the House of Representatives and
the President of the Senate.
SEC. 5. COMMISSION ON CLOSURE OF LORTON CORREC-
TIONAL 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 Com-
mission shall be composed of 11 members appointed
not later than 1 month after the date of the enact-
ment of this Act as follows:
(A) The Fairfax County Board of Super-
visors shall appoint 5 members, one of which
shall be specially qualified by training and expe-
rience in matters relating to regional transpor-
tation problems and issues.
(B) The Prince William County Board of
Supervisors shall appoint 3 members.
(C) The Mayor of the District of Colum-
bia, with the advice and consent of the District
of Columbia City Council, shall appoint 2 mem-
bers.
(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 ap-
pointed 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 be-
comes such an officer or employee, as the case
may be.
(B) EXCEPTION.—Service as a member of
the Commission shall not be discontinued pur-
suant 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 ap-
pointed 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 appoint-
ment was made.
(5) COMPENSATION.—No member of the Com-
mission 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 Commis-
sion shall be elected by a majority of the members
of the Commission.
(c) DIRECTOR AND STAFF; EXPERTS AND CONSULT-
ANTS.—
(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 pay-
able for Level III of the Executive Schedule.
(2) APPOINTMENT AND PAY OF STAFF.—The
Commission may appoint such personnel as it con-
siders appropriate without regard to the provisions
of title 5, United States Code, governing appoint-
ment 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, Unit-
ed States Code, relating to classification and Gen-
eral Schedule pay rates.
(3) EXPERTS AND CONSULTANTS.—The Com-
mission may procure temporary and intermittent
services under section 3109(b) of title 5, United
States Code.
(4) STAFF OF FEDERAL AGENCIES.—Upon re-
quest 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
the same conditions as other departments and agen-
cies 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 car-
rying out its duties under this Act an amount not to ex-
ceed $200,000.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of General Services or the Administra-
tor’s designated representative.
(2) The term ‘‘Commission’’ means the Com-
mission on Closure of the Lorton Correctional Com-
plex established under section 5(a).
(3) The term ‘‘Lorton Correctional Complex’’
means any District of Columbia correctional, reform-
atory, or related facility which is located in the Com-
monwealth 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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