34 U.S.C. § 12123 | Conversion of closed military installations into Federal prison facilities

(a)

Study of suitable bases

September 13, 1994The Secretary of Defense and the Attorney General shall jointly conduct a study of all military installations selected before , to be closed pursuant to a base closure law for the purpose of evaluating the suitability 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 General shall identify the military installations so evaluated 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 convert the installation into a prison facility and such other factors as the Secretary and the Attorney General consider to be appropriate.

(c)

Time for study

September 13, 1994The study required by subsection (a) shall be completed not later than the date that is 180 days after .

(d)

Construction of Federal prisons

(1)

In general

Public Law 100–526 Public Law 101–510In determining where to locate any new Federal prison facility, and in accordance with the Department of Justice’s duty to review and identify a use for any portion of an installation closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act () and the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of ), the Attorney General shall—

(A)

consider whether using any portion of a military installation closed or scheduled to be closed in the region pursuant to a base closure law provides a cost-effective alternative to the purchase of real property or construction of new prison facilities;

(B)

consider whether such use is consistent with a reutilization and redevelopment plan; and

(C)

give consideration to any installation located in a rural area the closure of which will have a substantial adverse impact on the economy of the local communities and on the ability of the communities to sustain an economic recovery from such closure.

(2)

Consent

With regard to paragraph (1)(B), consent must be obtained from the local re-use authority for the military installation, recognized and funded by the Secretary of Defense, before the Attorney General may proceed with plans for the design or construction of a prison at the installation.

(3)

Report on basis of decision

Before proceeding with plans for the design or construction of a Federal prison, the Attorney General shall submit to Congress a report explaining the basis of the decision on where to locate the new prison facility.

(4)

Report on cost-effectiveness

If the Attorney General decides not to utilize any portion of a closed military installation or an installation scheduled to be closed for locating a prison, the report shall include an analysis of why installations in the region, the use of which as a prison would be consistent with a reutilization and redevelopment plan, does not provide a cost-effective alternative to the purchase of real property or construction of new prison facilities.

(e)

“Base closure law” defined

In this section, “base closure law” means—

(1)

Public Law 101–510 10 U.S.C. 2687 the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of ; note); and

(2)

Public Law 100–526 10 U.S.C. 2687 title II of the Defense Authorization Amendments and Base Closure and Realignment Act (; note).

Pub. L. 103–322, title II, § 20413Sept. 13, 1994108 Stat. 1829 (, , .)

Editorial Notes

References in Text

Pub. L. 100–526Oct. 24, 1988102 Stat. 2623 section 2687 of Title 10 section 2687 of Title 10The Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsecs. (d)(1) and (e)(2), is , , . Title II of the Act is set out as a note under , Armed Forces. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under and Tables.

Pub. L. 101–510Nov. 5, 1990104 Stat. 1808 section 2687 of Title 10The Defense Base Closure and Realignment Act of 1990, referred to in subsecs. (d)(1) and (e)(1), is part A of title XXIX of div. B of , , , which is set out as a note under . For complete classification of this Act to the Code, see Tables.

Codification

section 13724 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.