§12123 — Title 34 Navy | U.S. Code

Summary

The Secretary of Defense and the Attorney General must work together to study every military base picked for closure before September 13, 1994, to see if any whole base or part of a base can be turned into a Federal prison. They must pick which sites look most suitable. The study must be done no later than 180 days after September 13, 1994. When deciding, they must look at the estimated cost to convert a site and any other factors they think matter. When choosing a location for a new Federal prison, the Attorney General must consider if using part of a closed or closing base in the region is cheaper than buying land or building new, whether it fits local reuse and redevelopment plans, and whether closing a rural base would hurt the local economy. The local reuse authority recognized and funded by the Secretary of Defense must agree before any prison design or construction goes forward. The Attorney General must report to Congress on the decision and explain why nearby bases that fit reuse plans are or are not cost-effective alternatives. "Base closure law" means the Defense Base Closure and Realignment Act of 1990 and title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526).

Title 34, §12123

Navy — Source: USLM XML via OLRC

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

(d)(1)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)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)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)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)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).

Notes & Related Subsidiaries

Editorial Notes

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

§12123 Conversion of closed military installations into Federal prison facilities