USC Subchapter I

USC Subchapter I
in effect

34 U.S.C. § 12101 Definitions

Unless otherwise provided, for purposes of this part— (1) the term “indeterminate sentencing” means a system by which—(A) the court may impose a sentence of a range defined by statute; and (B) an administrative agency, generally the parole board, or the court, controls release within the statutory range; (2) the term “part 1 violent crime” means murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports; and (3) the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

34 U.S.C. § 12102 Authorization of grants

(a) In generalThe Attorney General shall provide Violent Offender Incarceration grants under section 12103 of this title and Truth-in-Sentencing Incentive grants under section 12104 of this title to eligible States—(1) to build or expand correctional facilities to increase the bed capacity for the confinement of persons convicted of a part 1 violent crime or adjudicated delinquent for an act which if committed by an adult, would be a part 1 violent crime; (2) to build or expand temporary or permanent correctional facilities, including facilities on military bases, prison barges, and boot camps, for the confinement of convicted nonviolent offenders and criminal aliens, for the purpose of freeing suitable existing prison space for the confinement of persons convicted of a part 1 violent crime; (3) to build or expand jails; and (4) to carry out any activity referred to in section 10631(b) of this title. (b) Regional compacts(1) In generalSubject to paragraph (2), States may enter into regional compacts to carry out this part. Such compacts shall be treated as States under this part. (2) RequirementTo be recognized as a regional compact for eligibility for a grant under section 12103 or 12104 of this title, each member State must be eligible individually. (3) Limitation on receipt of fundsNo State may receive a grant under this part both individually and as part of a compact. (c) ApplicabilityNotwithstanding the eligibility requirements of section 12104 of this title, a State that certifies to the Attorney General that, as of April 26, 1996, such State has enacted legislation in reliance on this part, as enacted on September 13, 1994, and would in fact qualify under those provisions, shall be eligible to receive a grant for fiscal year 1996 as though such State qualifies under section 12104 of this title.

34 U.S.C. § 12103 Violent offender incarceration grants

(a) Eligibility for minimum grantTo be eligible to receive a minimum grant under this section, a State shall submit an application to the Attorney General that provides assurances that the State has implemented, or will implement, correctional policies and programs, including truth-in-sentencing laws that ensure that violent offenders serve a substantial portion of the sentences imposed, that are designed to provide sufficiently severe punishment for violent offenders, including violent juvenile offenders, and that the prison time served is appropriately related to the determination that the inmate is a violent offender and for a period of time deemed necessary to protect the public. (b) Additional amount for increased percentage of persons sentenced and time servedA State that received a grant under subsection (a) is eligible to receive additional grant amounts if such State demonstrates that the State has, since 1993—(1) increased the percentage of persons arrested for a part 1 violent crime sentenced to prison; or (2) increased the average prison time actually served or the average percent of sentence served by persons convicted of a part 1 violent crime. Receipt of grant amounts under this subsection does not preclude eligibility for a grant under subsection (c). (c) Additional amount for increased rate of incarceration and percentage of sentence servedA State that received a grant under subsection (a) is eligible to receive additional grant amounts if such State demonstrates that the State has—(1) since 1993, increased the percentage of persons arrested for a part 1 violent crime sentenced to prison, and has increased the average percent of sentence served by persons convicted of a part 1 violent crime; or (2) has increased by 10 percent or more over the most recent 3-year period the number of new court commitments to prison of persons convicted of part 1 violent crimes. Receipt of grant amounts under this subsection does not preclude eligibility for a grant under subsection (b).

34 U.S.C. § 12104 Truth-in-sentencing incentive grants

(a) EligibilityTo be eligible to receive a grant award under this section, a State shall submit an application to the Attorney General that demonstrates that—(1)(A) such State has implemented truth-in-sentencing laws that—(i) require persons convicted of a part 1 violent crime to serve not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior); or (ii) result in persons convicted of a part 1 violent crime serving on average not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior); (B) such State has truth-in-sentencing laws that have been enacted, but not yet implemented, that require such State, not later than 3 years after such State submits an application to the Attorney General, to provide that persons convicted of a part 1 violent crime serve not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior); or (C) in the case of a State that on April 26, 1996, practices indeterminate sentencing with regard to any part 1 violent crime—(i) persons convicted of a part 1 violent crime on average serve not less than 85 percent of the prison term established under the State’s sentencing and release guidelines; or (ii) persons convicted of a part 1 violent crime on average serve not less than 85 percent of the maximum prison term allowed under the sentence imposed by the court (not counting time not actually served such as administrative or statutory incentives for good behavior); and (2) such State has provided assurances that it will follow guidelines established by the Attorney General in reporting, on a quarterly basis, information regarding the death of any person who is in the process of arrest, is en route to be incarcerated, or is incarcerated at a municipal or county jail, State prison, or other local or State correctional facility (including any juvenile facility) that, at a minimum, includes—(A) the name, gender, race, ethnicity, and age of the deceased; (B) the date, time, and location of death; and (C) a brief description of the circumstances surrounding the death. (b) ExceptionNotwithstanding subsection (a), a State may provide that the Governor of the State may allow for the earlier release of—(1) a geriatric prisoner; or (2) a prisoner whose medical condition precludes the prisoner from posing a threat to the public, but only after a public hearing in which representatives of the public and the prisoner’s victims have had an opportunity to be heard regarding a proposed release.

34 U.S.C. § 12105 Special rules

(a) Sharing of funds with counties and other units of local government(1) ReservationEach State shall reserve not more than 15 percent of the amount of funds allocated in a fiscal year pursuant to section 12106 of this title for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities. (2) Factors for determination of amountTo determine the amount of funds to be reserved under this subsection, a State shall consider the burden placed on a county or unit of local government that results from the implementation of policies adopted by the State to carry out section 12103 or 12104 of this title. (b) Use of truth-in-sentencing and violent offender incarceration grantsFunds provided under section 12103 or 12104 of this title may be applied to the cost of—(1) altering existing correctional facilities to provide separate facilities for juveniles under the jurisdiction of an adult criminal court who are detained or are serving sentences in adult prisons or jails; (2) providing correctional staff who are responsible for supervising juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court with orientation and ongoing training regarding the unique needs of such offenders; and (3) providing ombudsmen to monitor the treatment of juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court in adult facilities, consistent with guidelines issued by the Assistant Attorney General. (c) Funds for juvenile offendersNotwithstanding any other provision of this part, if a State, or unit of local government located in a State that otherwise meets the requirements of section 12103 or 12104 of this title, certifies to the Attorney General that exigent circumstances exist that require the State to expend funds to build or expand facilities to confine juvenile offenders other than juvenile offenders adjudicated delinquent for an act which, if committed by an adult, would be a part 1 violent crime, the State may use funds received under this part to build or expand juvenile correctional facilities or pretrial detention facilities for juvenile offenders. (d) Private facilitiesA State may use funds received under this part for the privatization of facilities to carry out the purposes of section 12102 of this title. (e) “Part 1 violent crime” definedFor purposes of this part, “part 1 violent crime” means a part 1 violent crime as defined in section 12101(3) 11 So in original. Probably should be section “12101(2)”. of this title, or a crime in a reasonably comparable class of serious violent crimes as approved by the Attorney General.

34 U.S.C. § 12106 Formula for grants

(a) Allocation of violent offender incarceration grants under section 12103(1) Formula allocation85 percent of the amount available for grants under section 12103 of this title for any fiscal year shall be allocated as follows (except that a State may not receive more than 9 percent of the total amount of funds made available under this paragraph):(A) 0.75 percent shall be allocated to each State that meets the requirements of section 12103(a) of this title, except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, if eligible under section 12103(a) of this title, shall each be allocated 0.05 percent. (B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of section 12103(b) of this title, in the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, bears to the average annual number of part 1 violent crimes reported by all States that meet the requirements of section 12103(b) of this title to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made. (2) Additional allocation15 percent of the amount available for grants under section 12103 of this title for any fiscal year shall be allocated to each State that meets the requirements of section 12103(c) of this title as follows:(A) 3.0 percent shall be allocated to each State that meets the requirements of section 12103(c) of this title, except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, if eligible under such subsection, shall each be allocated 0.03 percent. (B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of section 12103(c) of this title, in the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, bears to the average annual number of part 1 violent crimes reported by all States that meet the requirements of section 12102(c) of this title to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made. (b) Allocation of truth-in-sentencing grants under section 12104The amounts available for grants for section 12104 of this title shall be allocated to each State that meets the requirements of section 12104 of this title in the ratio that the average annual number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made bears to the average annual number of part 1 violent crimes reported by States that meet the requirements of section 12104 of this title to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, except that a State may not receive more than 25 percent of the total amount available for such grants. (c) Unavailable dataIf data regarding part 1 violent crimes in any State is substantially inaccurate or is unavailable for the 3 years preceding the year in which the determination is made, the Attorney General shall utilize the best available comparable data regarding the number of violent crimes for the previous year for the State for the purposes of allocation of funds under this part. (d) Regional compactsIn determining the amount of funds that States organized as a regional compact may receive, the Attorney General shall first apply the formula in either subsection (a) or (b) and (c) of this section to each member State of the compact. The States organized as a regional compact may receive the sum of the amounts so determined.

34 U.S.C. § 12107 Accountability

(a) Fiscal requirementsA State that receives funds under this part shall use accounting, audit, and fiscal procedures that conform to guidelines prescribed by the Attorney General, and shall ensure that any funds used to carry out the programs under section 12102(a) of this title shall represent the best value for the State governments at the lowest possible cost and employ the best available technology. (b) Administrative provisionsThe administrative provisions of sections 10221 and 10222 of this title shall apply to the Attorney General under this part in the same manner that such provisions apply to the officials listed in such sections.

34 U.S.C. § 12108 Authorization of appropriations

(a) In general(1) AuthorizationsThere are authorized to be appropriated to carry out this part—(A) $997,500,000 for fiscal year 1996; (B) $1,330,000,000 for fiscal year 1997; (C) $2,527,000,000 for fiscal year 1998; (D) $2,660,000,000 for fiscal year 1999; and (E) $2,753,100,000 for fiscal year 2000. (2) Distribution(A) In generalOf the amounts remaining after the allocation of funds for the purposes set forth under sections 12110, 12111, and 12109 of this title, the Attorney General shall, from amounts authorized to be appropriated under paragraph (1) for each fiscal year, distribute 50 percent for incarceration grants under section 12103 of this title, and 50 percent for incentive grants under section 12104 of this title. (B) Distribution of minimum amountsThe Attorney General shall distribute minimum amounts allocated for section 12103(a) of this title to an eligible State not later than 30 days after receiving an application that demonstrates that such State qualifies for a Violent Offender Incarceration grant under section 12103 of this title or a Truth-in-Sentencing Incentive grant under section 12104 of this title. (b) Limitations on funds(1) Uses of fundsExcept as provided in section 11 So in original. Probably should be “sections”. 12110 and 12111 of this title, funds made available pursuant to this section shall be used only to carry out the purposes described in section 12102(a) of this title. (2) Nonsupplanting requirementFunds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources. (3) Administrative costsNot more than 3 percent of the funds that remain available after carrying out sections 12109, 12110, and 12111 of this title shall be available to the Attorney General for purposes of—(A) administration; (B) research and evaluation, including assessment of the effect on public safety and other effects of the expansion of correctional capacity and sentencing reforms implemented pursuant to this part; (C) technical assistance relating to the use of grant funds, and development and implementation of sentencing reforms implemented pursuant to this part; and (D) data collection and improvement of information systems relating to the confinement of violent offenders and other sentencing and correctional matters. (4) Carryover of appropriationsFunds appropriated pursuant to this section during any fiscal year shall remain available until expended. Funds obligated, but subsequently unspent and deobligated, may remain available, to the extent as may 22 So in original. Probably should be followed by “be”. provided in appropriations Acts, for the purpose described in section 12102(a)(4) of this title for any subsequent fiscal year. The further obligation of such funds by an official for such purpose shall not be delayed, directly or indirectly, in any manner by any officer or employee in the executive branch. (5) Matching fundsThe Federal share of a grant received under this part may not exceed 90 percent of the costs of a proposal as described in an application approved under this part.

34 U.S.C. § 12109 Payments for incarceration on tribal lands

(a) Reservation of fundsNotwithstanding any other provision of this part, of amounts made available to the Attorney General to carry out programs relating to offender incarceration, the Attorney General shall reserve $35,000,000 for each of fiscal years 2011 through 2015 to carry out this section. (b) Grants to Indian tribes(1) In generalFrom the amounts reserved under subsection (a), the Attorney General shall provide grants—(A) to Indian tribes for purposes of—(i) construction and maintenance of jails on Indian land for the incarceration of offenders subject to tribal jurisdiction; (ii) entering into contracts with private entities to increase the efficiency of the construction of tribal jails; and (iii) developing and implementing alternatives to incarceration in tribal jails; (B) to Indian tribes for the construction of tribal justice centers that combine tribal police, courts, and corrections services to address violations of tribal civil and criminal laws; (C) to consortia of Indian tribes for purposes of constructing and operating regional detention centers on Indian land for long-term incarceration of offenders subject to tribal jurisdiction, as the applicable consortium determines to be appropriate. (2) Priority of fundingin 11 So in original. Probably should be capitalized. providing grants under this subsection, the Attorney General shall take into consideration applicable—(A) reservation crime rates; (B) annual tribal court convictions; and (C) bed space needs. (3) Federal shareBecause of the Federal nature and responsibility for providing public safety on Indian land, the Federal share of the cost of any activity carried out using a grant under this subsection shall be 100 percent. (c) ApplicationsTo be eligible to receive a grant under this section, an Indian tribe or consortium of Indian tribes, as applicable, shall submit to the Attorney General an application in such form and containing such information as the Attorney General may by regulation require. (d) Long-term planNot later than 1 year after July 29, 2010, the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with tribal leaders, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarceration in Indian country, including—(1) a description of proposed activities for—(A) construction, operation, and maintenance of juvenile (in accordance with section 2453(a)(3) of title 25) and adult detention facilities (including regional facilities) in Indian country; (B) contracting with State and local detention centers, on approval of the affected tribal governments; and (C) alternatives to incarceration, developed in cooperation with tribal court systems; (2) an assessment and consideration of the construction of Federal detention facilities in Indian country; and (3) any other alternatives as the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with Indian tribes, determines to be necessary.

34 U.S.C. § 12110 Payments to eligible States for incarceration of criminal aliens

(a) In generalThe Attorney General shall make a payment to each State which is eligible under section 1252(j) 11 See References in Text note below. of title 8 in such amount as is determined under section 1252(j) 1 of title 8, and for which payment is not made to such State for such fiscal year under such section. (b) Authorization of appropriationsNotwithstanding any other provision of this part, there are authorized to be appropriated to carry out this section from amounts authorized under section 12108 of this title, an amount which when added to amounts appropriated to carry out section 1252(j) 1 of title 8 for fiscal year 1996 equals $500,000,000 and for each of the fiscal years 1997 through 2000 does not exceed $650,000,000. (c) AdministrationThe amounts appropriated to carry out this section shall be reserved from the total amount appropriated for each fiscal year and shall be added to the other funds appropriated to carry out section 1252(j) 1 of title 8 and administered under such section. (d) Report to CongressNot later than May 15, 1999, the Attorney General shall submit a report to the Congress which contains the recommendation of the Attorney General concerning the extension of the program under this section.

34 U.S.C. § 12111 Support of Federal prisoners in non-Federal institutions

(a) In generalThe Attorney General may make payments to States and units of local government for the purposes authorized in section 4013 of title 18. (b) Authorization of appropriationsNotwithstanding any other provision of this part other than section 12108(a)(2) of this title, there are authorized to be appropriated from amounts authorized under section 12108 of this title for each of fiscal years 1996 through 2000 such sums as may be necessary to carry out this section.

34 U.S.C. § 12112 Report by Attorney General

Beginning on October 1, 1996, and each subsequent July 1 thereafter, the Attorney General shall report to the Congress on the implementation of this part, including a report on the eligibility of the States under sections 12103 and 12104 of this title, and the distribution and use of funds under this part.

34 U.S.C. § 12113 Aimee’s Law

(a) Short titleThis section may be cited as “Aimee’s Law”. (b) DefinitionsPursuant to regulations promulgated by the Attorney General hereunder, in this section:(1) Dangerous sexual offenseThe term “dangerous sexual offense” means any offense under State law for conduct that would constitute an offense under chapter 109A of title 18 had the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison. (2) MurderThe term “murder” has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation. (3) RapeThe term “rape” has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation. (c) Penalty(1) Single StatePursuant to regulations promulgated by the Attorney General hereunder, in any case in which a criminal-records-reporting State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one of those offenses in a State described in paragraph (3), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation. (2) Multiple StatesPursuant to regulations promulgated by the Attorney General hereunder, in any case in which a criminal-records-reporting State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one or more of those offenses in more than one other State described in paragraph (3), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation. (3) State describedPursuant to regulations promulgated by the Attorney General hereunder, a State is described in this paragraph unless—(A) the term of imprisonment imposed by the State on the individual described in paragraph (1) or (2), as applicable, was not less than the average term of imprisonment imposed for that offense in all States; or (B) with respect to the individual described in paragraph (1) or (2), as applicable, the individual had served not less than 85 percent of the term of imprisonment to which that individual was sentenced for the prior offense. For purposes of subparagraph (B), in a State that has indeterminate sentencing, the term of imprisonment to which that individual was sentenced for the prior offense shall be based on the lower of the range of sentences. (d) State applicationsIn order to receive an amount under subsection (c), the chief executive of a State shall submit to the Attorney General an application, in such form and containing such information as the Attorney General may reasonably require, which shall include a certification that the State has convicted an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of those offenses in another State. (e) Source of funds(1) In generalPursuant to regulations promulgated by the Attorney General hereunder, any amount under subsection (c) shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State pursuant to section 10156 of this title that convicted such individual of the prior offense before the distribution of the funds to the State. No amount described under this section shall be subject to section 3335(b) or 6503(d) of title 31 11 So in original. Probably should be followed by a period. (2) Payment scheduleThe Attorney General, in consultation with the chief executive of the State that convicted such individual of the prior offense, shall establish a payment schedule. (f) ConstructionNothing in this section may be construed to diminish or otherwise affect any court ordered restitution. (g) ExceptionPursuant to regulations promulgated by the Attorney General hereunder, this section does not apply if the individual convicted of murder, rape, or a dangerous sexual offense has been released from prison upon the reversal of a conviction for an offense described in subsection (c) and subsequently been convicted for an offense described in subsection (c). (h) ReportThe Attorney General shall—(1) conduct a study evaluating the implementation of this section; and (2) not later than October 1, 2006, submit to Congress a report on the results of that study. (i) Collection of recidivism data(1) In generalBeginning with calendar year 2002, and each calendar year thereafter, the Attorney General shall collect and maintain information relating to, with respect to each State (where practicable)—(A) the number of convictions during that calendar year for—(i) any dangerous sexual offense; (ii) rape; and (iii) murder; and (B) the number of convictions described in subparagraph (A) that constitute second or subsequent convictions of the defendant of an offense described in that subparagraph. (2) ReportThe Attorney General shall submit to Congress—(A) a report, by not later than 6 months after January 5, 2006, that provides national estimates of the nature and extent of recidivism (with an emphasis on interstate recidivism) by State inmates convicted of murder, rape, and dangerous sexual offenses; (B) a report, by not later than October 1, 2007, and October 1 of each year thereafter, that provides statistical analysis and criminal history profiles of interstate recidivists identified in any State applications under this section; and (C) reports, at regular intervals not to exceed every five years, that include the information described in paragraph (1). (j) Effective dateThis section shall take effect on January 1, 2002.

34 U.S.C. § 12121 Task force on prison construction standardization and techniques

(a) Task forceThe Director of the National Institute of Corrections shall, subject to availability of appropriations, establish a task force composed of Federal, State, and local officials expert in prison construction, and of at least an equal number of engineers, architects, and construction experts from the private sector with expertise in prison design and construction, including the use of cost-cutting construction standardization techniques and cost-cutting new building materials and technologies. (b) CooperationThe task force shall work in close cooperation and communication with other State and local officials responsible for prison construction in their localities. (c) Performance requirementsThe task force shall work to—(1) establish and recommend standardized construction plans and techniques for prison and prison component construction; and (2) evaluate and recommend new construction technologies, techniques, and materials, to reduce prison construction costs at the Federal, State, and local levels and make such construction more efficient. (d) DisseminationThe task force shall disseminate information described in subsection (c) to State and local officials involved in prison construction, through written reports and meetings. (e) Promotion and evaluationThe task force shall—(1) work to promote the implementation of cost-saving efforts at the Federal, State, and local levels; (2) evaluate and advise on the results and effectiveness of such cost-saving efforts as adopted, broadly disseminating information on the results; and (3) to the extent feasible, certify the effectiveness of the cost-savings efforts.

34 U.S.C. § 12122 Efficiency in law enforcement and corrections

(a) In generalIn the administration of each grant program funded by appropriations authorized by this Act or by an amendment made by this Act, the Attorney General shall encourage—(1) innovative methods for the low-cost construction of facilities to be constructed, converted, or expanded and the low-cost operation of such facilities and the reduction of administrative costs and overhead expenses; and (2) the use of surplus Federal property. (b) Assessment of construction components and designsThe Attorney General may make an assessment of the cost efficiency and utility of using modular, prefabricated, precast, and pre-engineered construction components and designs for housing nonviolent criminals.

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

(a) Study of suitable basesThe 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 conversionIn 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 studyThe study required by subsection (a) shall be completed not later than the date that is 180 days after September 13, 1994. (d) Construction of Federal prisons(1) In generalIn 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) ConsentWith 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 decisionBefore 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-effectivenessIf 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” definedIn 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).

34 U.S.C. § 12124 Correctional job training and placement

(a) PurposeIt is the purpose of this section to encourage and support job training programs, and job placement programs, that provide services to incarcerated persons or ex-offenders. (b) DefinitionsAs used in this section:(1) Correctional institutionThe term “correctional institution” means any prison, jail, reformatory, work farm, detention center, or halfway house, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Correctional job training or placement programThe term “correctional job training or placement program” means an activity that provides job training or job placement services to incarcerated persons or ex-offenders, or that assists incarcerated persons or ex-offenders in obtaining such services. (3) Ex-offenderThe term “ex-offender” means any individual who has been sentenced to a term of probation by a Federal or State court, or who has been released from a Federal, State, or local correctional institution. (4) Incarcerated personThe term “incarcerated person” means any individual incarcerated in a Federal or State correctional institution who is charged with or convicted of any criminal offense. (c) Establishment of Office(1) In generalThe Attorney General shall establish within the Department of Justice an Office of Correctional Job Training and Placement. The Office shall be headed by a Director, who shall be appointed by the Attorney General. (2) TimingThe Attorney General shall carry out this subsection not later than 6 months after September 13, 1994. (d) Functions of OfficeThe Attorney General, acting through the Director of the Office of Correctional Job Training and Placement, in consultation with the Secretary of Labor, shall—(1) assist in coordinating the activities of the Federal Bonding Program of the Department of Labor, the activities of the Department of Labor related to the certification of eligibility for targeted jobs credits under section 51 of title 26 with respect to ex-offenders, and any other correctional job training or placement program of the Department of Justice or Department of Labor; (2) provide technical assistance to State and local employment and training agencies that—(A) receive financial assistance under this Act; or (B) receive financial assistance through other programs carried out by the Department of Justice or Department of Labor, for activities related to the development of employability; (3) prepare and implement the use of special staff training materials, and methods, for developing the staff competencies needed by State and local agencies to assist incarcerated persons and ex-offenders in gaining marketable occupational skills and job placement; (4) prepare and submit to Congress an annual report on the activities of the Office of Correctional Job Training and Placement, and the status of correctional job training or placement programs in the United States; (5) cooperate with other Federal agencies carrying out correctional job training or placement programs to ensure coordination of such programs throughout the United States; (6) consult with, and provide outreach to—(A) State job training coordinating councils, administrative entities, and private industry councils, with respect to programs carried out under this Act; and (B) other State and local officials, with respect to other employment or training programs carried out by the Department of Justice or Department of Labor; (7) collect from States information on the training accomplishments and employment outcomes of a sample of incarcerated persons and ex-offenders who were served by employment or training programs carried out, or that receive financial assistance through programs carried out, by the Department of Justice or Department of Labor; and (8)(A) collect from States and local governments information on the development and implementation of correctional job training or placement programs; and (B) disseminate such information, as appropriate.

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