Pub. L. 105-33, tit. IX, subtit. C, ch. 1, sec. 11201
BUREAU OF PRISONS.
SEC. 11201. BUREAU OF PRISONS. (a) Felons Sentenced Pursuant to the Truth-in-Sentencing Requirements.—Not later than October 1, 2001, any person who has been sentenced to incarceration pursuant to the District of Columbia Code or the truth-in-sentencing system as described in section 11211 shall be designated by the Bureau of Prisons to a penal or correctional facility operated or contracted for by o the Bureau of Prisons, for such term of imprisonment as the court may direct. Such persons shall be subject to any law or regulation applicable to persons committed for violations of laws of the United States consistent with the sentence imposed. (b) Felons Sentenced Pursuant to the D.C. Code.—Notwithstanding any other provision of law, not later than December 31, 2001, the Lorton Correctional Complex shall be closed and the felony population sentenced pursuant to the District of Columbia Code residing at the Lorton Correctional Complex shall be transferred to a penal or correctional facility operated or contracted for by the Bureau of Prisons. Such persons shall be subject to any law or regulation applicable to persons committed for violations of laws of the United States consistent with the sentence imposed, and the Bureau of Prisons shall be responsible for the custody, care, subsistence, education, treatment and training of such persons. (c) Privatization.— (1) Transition of inmates from lorton.—The Bureau of Prisons shall house, in private contract facilities— (A) at least 2000 District of Columbia sentenced felons by December 31, 1999; and (B) at least 50 percent of the District of Columbia sentenced felony population by September 30, 2003. (2) Duties of deputy attorney general.—The Deputy Attorney General shall— (A) be responsible for overseeing Bureau of Prisons privatization activities; and (B) submit a report to Congress on October 1 of each year detailing the progress and status of compliance with privatization requirements. (3) Duties of attorney general.—The Attorney General shall— (A) conduct a study of correctional privatization, including a review of relevant research and related legal issues, 111 STAT. 735and comparative analysis of the cost effectiveness and feasibility of private sector and Federal, State, and local governmental operation of prisons and corrections programs at all security levels; and (B) submit a report to Congress no later than one year after the dater of enactment of this Act. (d) Site Acquisition and Construction.—In order to house the District of Columbia felony inmate population the Bureau of Prisons shall acquire land, construct and build new facilities at sites selected by the Bureau of Prisons, or contract for appropriate bed space, but no facilities may be built on the grounds of the Lorton Reservation. (e) National Capital Planning.—Notwithstanding any other provision of law, the requirements of the National Capital Planning Act of 1952 (40 U.S.C. 71 et seq.) shall not apply to any actions taken by the Bureau of Prisons or its agents or employees. (f) Department of Corrections Authority.—The District of Columbia Department of Corrections shall remain responsible for the custody, care, subsistence, education, treatment, and training of any person convicted of a felony offense pursuant to the District of Columbia Code and housed at the Lorton Correctional Complex until December 31, 2001, or the date on which the last inmate housed at the Lorton Correctional Complex is designated by the Bureau of Prisons, whichever is earlier. (g) Lorton Correctional Complex.— (1) Transfer of functions.—Notwithstanding any other provision of law, to the extent the Bureau of Prisons assumes functions of the Department of Corrections under this subtitle, the Department is no longer responsible for such functions and the provisions of “An Act to create a Department of Corrections in the District of Columbia”, approved June 27, 1946 (D.C. Code 24–441, 442), that apply with respect to such functions are no longer applicable. Except as provided in paragraph (2), any property on which the Lorton Correctional Complex is located shall be transferred to the Department of the Interior. (2) Transfer of land.— (A) In general.— (i) Fairfax county water authority.—150 acres of parcel 106–4–001–54 located west of Ox Road (State Route 123) on which the Lorton Correctional Complex is located shall be transferred, without consideration, to the Fairfax County Water Authority of Fairfax, Virginia. (ii) Fairfax county department of parks and recreation.—Any acres of parcel 106–4–001–54 located west of Ox Road (State Route 123) on which the Lorton Correctional Complex is located not transferred under clause (i) shall be assigned to the Department of the Interior. National Park Service, for conveyance to the Fairfax County Department of Parks and Recreation for recreational purposes pursuant to the section 203(kM2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)(2)). (B) Condition of transfer.—111 STAT. 736 (i) Water services.—The United States Government shall not transfer any parcels under this paragraph unless the Fairfax County Water Authority certifies that it will continue to provide water services to the Lorton Correctional Complex at the rate it provided water services prior to the transfer. (ii) Restriction on transfer.—No Federal agency may transfer the property under this paragraph until the prospective recipient of the property provides to such agency— (I) a land description survey suitable for transferring property under Virginia law; and (II) any necessary surveys to determine the presence of any hazardous substances, contaminants or pollutants. (iii) Lorton correctional complex.—The Lorton Correctional Complex shall remain available for the District of Columbia Department of Corrections to house District of Columbia felony inmates until the last inmate at the Complex has been designated by the Bureau of Prisons or until December 31, 2003, whichever is earlier. (C) Authorization.—The General Services Administration and the National Park Service is authorized to expend any funds necessary to ensure that the transfer or conveyance under subparagraph (A) complies with all applicable environmental and historic preservation laws. (3) Water mains.—Any water mains located on or across the Lorton Correctional Complex on the date of the transfers under paragraph (2), that are owned by the Fairfax County Water Authority and provide water to the public, shall be permitted to remain in place, and shall be operated, maintained, repaired, and replaced by the Fairfax County Water Authority or a successor agency furnishing water to the public in Fairfax County or adjacent jurisdictions, but shall not interfere with operations of the Lorton Correctional Complex. (g) District of Columbia Corrections Information Council.— (1) Establishment.—There is established a council to be known as the District of Columbia Correction Information Council (hereafter referred to as “Council”. (2) Membership.—The Council shall be composed of 3 members appointed as follows: (A) 2 individuals appointed by the mayor of the District of Columbia. (B) 1 individual appointed by the Council of the District of Columbia. (3) Compensation.—Members of the Council may not receive pay, allowances, or benefits by reason of their service on the Council. (4) Duties.—The Council shall report to the Director of the Bureau of Prisons with advice and information regarding matters affecting the District of Columbia sentenced felon population. (h) Timing of Inmate Transfers.—As soon as practicable after the date of the enactment of this Act, the Director of the Bureau 111 STAT. 737of Prisons shall begin the transferring of inmates to Bureau of Prison or private contract facilities required by this section.