
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13724]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                          SUBCHAPTER I--PRISONS
 
                    Part B--Miscellaneous Provisions
 
Sec. 13724. Conversion of closed military installations 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 September 
13, 1994, 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

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

(d) Construction of Federal prisons

                           (1) In general

        In 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 (Public Law 100-526) and the 
    Defense Base Closure and Realignment Act of 1990 (part A of title 
    XXIX of Public Law 101-510), 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) 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); and
        (2) title II of the Defense Authorization Amendments and Base 
    Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 
    note).

(Pub. L. 103-322, title II, Sec. 20413, Sept. 13, 1994, 108 Stat. 1829.)

                       References in Text

    The Defense Authorization Amendments and Base Closure and 
Realignment Act, referred to in subsecs. (d)(1) and (e)(2), is Pub. L. 
100-526, Oct. 24, 1988, 102 Stat. 2623, as amended. Title II of the Act 
is set out as a note under section 2687 of Title 10, Armed Forces. For 
complete classification of this Act to the Code, see Short Title of 1988 
Amendment note set out under section 2687 of Title 10 and Tables.
    The 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 Pub. L. 
101-510, Nov. 5, 1990, 104 Stat. 1808, which is set out as a note under 
section 2687 of Title 10. For complete classification of this Act to the 
Code, see Tables.
