[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1917 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1917

To reform sentencing laws and correctional institutions, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2017

  Mr. Grassley (for himself, Mr. Durbin, Mr. Lee, Mr. Whitehouse, Mr. 
 Graham, Mr. Leahy, Mr. Flake, Mr. Booker, Mr. Scott, Mrs. Feinstein, 
and Mr. Blunt) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To reform sentencing laws and correctional institutions, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sentencing Reform 
and Corrections Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                       TITLE I--SENTENCING REFORM

Sec. 101. Reduce and restrict enhanced sentencing for prior drug 
                            felonies.
Sec. 102. Broadening of existing safety valve.
Sec. 103. Limitation on application of the 10-year mandatory minimum.
Sec. 104. Clarification of section 924(c) of title 18, United States 
                            Code.
Sec. 105. Application of Fair Sentencing Act.
Sec. 106. Mandatory minimum sentences for domestic violence offenses.
Sec. 107. Minimum term of imprisonment for certain acts relating to the 
                            provision of controlled goods or services 
                            to terrorists or proliferators of weapons 
                            of mass destruction.
Sec. 108. Inventory of Federal criminal offenses.
Sec. 109. Fentanyl.
                       TITLE II--CORRECTIONS ACT

Sec. 201. Short title.
Sec. 202. Recidivism reduction programming and productive activities.
Sec. 203. Post-sentencing risk and needs assessment system.
Sec. 204. Prerelease custody.
Sec. 205. Reports.
Sec. 206. Additional tools to promote recovery and prevent drug and 
                            alcohol abuse and dependence.
Sec. 207. Promoting successful reentry.
Sec. 208. Parole for juveniles.
Sec. 209. Compassionate release initiative.
Sec. 210. Juvenile sealing and expungement.
Sec. 211. Juvenile solitary confinement.
Sec. 212. Ensuring accuracy of Federal criminal records.
          TITLE III--NATIONAL CRIMINAL JUSTICE COMMISSION ACT

Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Establishment of commission.
Sec. 304. Purpose of the commission.
Sec. 305. Review, recommendations, and report.
Sec. 306. Membership.
Sec. 307. Administration.
Sec. 308. Funding.
Sec. 309. Sunset.

                       TITLE I--SENTENCING REFORM

SEC. 101. REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR DRUG 
              FELONIES.

    (a) Controlled Substances Act Amendments.--The Controlled 
Substances Act (21 U.S.C. 801 et seq.) is amended--
            (1) in section 102 (21 U.S.C. 802), by adding at the end 
        the following:
            ``(57) The term `serious drug felony' means an offense 
        described in section 924(e)(2)(A) of title 18, United States 
        Code, for which--
                    ``(A) the offender served a term of imprisonment of 
                more than 12 months; and
                    ``(B) the offender's release from any term of 
                imprisonment was within 15 years of the commencement of 
                the instant offense.
            ``(58) The term `serious violent felony' means--
                    ``(A) an offense described in section 3559(c)(2)(F) 
                of title 18, United States Code, for which the offender 
                served a term of imprisonment of more than 12 months; 
                and
                    ``(B) any offense that would be a felony violation 
                of section 113 of title 18, United States Code, if the 
                offense were committed in the special maritime and 
                territorial jurisdiction of the United States, for 
                which the offender served a term of imprisonment of 
                more than 12 months.''; and
            (2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
                    (A) in subparagraph (A), in the flush text 
                following clause (viii)--
                            (i) by striking ``If any person commits 
                        such a violation after a prior conviction for a 
                        felony drug offense has become final, such 
                        person shall be sentenced to a term of 
                        imprisonment which may not be less than 20 
                        years'' and inserting the following: ``If any 
                        person commits such a violation after a prior 
                        conviction for a serious drug felony or serious 
                        violent felony has become final, such person 
                        shall be sentenced to a term of imprisonment of 
                        not less than 15 years''; and
                            (ii) by striking ``after two or more prior 
                        convictions for a felony drug offense have 
                        become final, such person shall be sentenced to 
                        a mandatory term of life imprisonment without 
                        release'' and inserting the following: ``after 
                        2 or more prior convictions for a serious drug 
                        felony or serious violent felony have become 
                        final, such person shall be sentenced to a term 
                        of imprisonment of not less than 25 years''; 
                        and
                    (B) in subparagraph (B), in the flush text 
                following clause (viii), by striking ``If any person 
                commits such a violation after a prior conviction for a 
                felony drug offense has become final'' and inserting 
                the following: ``If any person commits such a violation 
                after a prior conviction for a serious drug felony or 
                serious violent felony has become final''.
    (b) Controlled Substances Import and Export Act Amendments.--
Section 1010(b) of the Controlled Substances Import and Export Act (21 
U.S.C. 960(b)) is amended--
            (1) in paragraph (1), in the flush text following 
        subparagraph (H), by striking ``If any person commits such a 
        violation after a prior conviction for a felony drug offense 
        has become final, such person shall be sentenced to a term of 
        imprisonment of not less than 20 years'' and inserting ``If any 
        person commits such a violation after a prior conviction for a 
        serious drug felony or serious violent felony has become final, 
        such person shall be sentenced to a term of imprisonment of not 
        less than 15 years''; and
            (2) in paragraph (2), in the flush text following 
        subparagraph (H), by striking ``felony drug offense'' and 
        inserting ``serious drug felony or serious violent felony''.
    (c) Applicability to Pending and Past Cases.--
            (1) Pending cases.--This section, and the amendments made 
        by this section, shall apply to any offense that was committed 
        before the date of enactment of this Act, if a sentence for the 
        offense has not been imposed as of such date of enactment.
            (2) Past cases.--
                    (A) Sentence reduction.--
                            (i) In general.--In the case of a defendant 
                        who, before the date of enactment of this Act, 
                        was convicted of an offense for which the 
                        penalty is amended by this section and was 
                        sentenced to a term of imprisonment for the 
                        offense, a term of imprisonment may be reduced 
                        only if--
                                    (I) the defendant has not been 
                                convicted of any serious violent 
                                felony; and
                                    (II) the sentencing court, on 
                                motion of the defendant or the Director 
                                of the Bureau of Prisons, or on its own 
                                motion, upon prior notice to the 
                                Government, after considering the 
                                factors set forth in section 3553(a) of 
                                title 18, United States Code, the 
                                nature and seriousness of the danger to 
                                any person, the community, or any crime 
                                victims, and the post-sentencing 
                                conduct of the defendant, finds a 
                                reduction is consistent with this 
                                section and the amendments made by this 
                                section.
                            (ii) Requirement.--Any proceeding under 
                        this subparagraph shall be subject to section 
                        3771 of title 18, United States Code (commonly 
                        known as the ``Crime Victims Rights Act'').
                    (B) Requirement.--For each motion filed under 
                subparagraph (A), the Government shall conduct a 
                particularized inquiry of the facts and circumstances 
                of the original sentencing of the defendant in order to 
                assess whether a reduction in sentence would be 
                consistent with this section and the amendments made by 
                this section, including a review of any prior criminal 
                conduct or any other relevant information from Federal, 
                State, and local authorities.

SEC. 102. BROADENING OF EXISTING SAFETY VALVE.

    (a) Amendments.--Section 3553 of title 18, United States Code, is 
amended--
            (1) in subsection (f)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``or section 1010'' and 
                        inserting ``, section 1010''; and
                            (ii) by inserting ``, or section 70503 or 
                        70506 of title 46'' after ``963)'';
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) the defendant does not have--
                    ``(A) more than 4 criminal history points, 
                excluding any criminal history points resulting from a 
                1-point offense, as determined under the sentencing 
                guidelines;
                    ``(B) a prior 3-point offense, as determined under 
                the sentencing guidelines; and
                    ``(C) a prior 2-point violent offense, as 
                determined under the sentencing guidelines;''; and
                    (C) after paragraph (5), by inserting the 
                following:
``Information disclosed by a defendant under this subsection may not be 
used to enhance the sentence of the defendant unless the information 
relates to a violent offense.''; and
            (2) by adding at the end the following:
    ``(g) Inadequacy of Criminal History.--
            ``(1) In general.--If subsection (f) does not apply to a 
        defendant because the defendant does not meet the requirements 
        described in subsection (f)(1) (relating to criminal history), 
        the court may, upon prior notice to the Government, waive 
        subsection (f)(1) if the court specifies in writing the 
        specific reasons why reliable information indicates that 
        excluding the defendant pursuant to subsection (f)(1) 
        substantially overrepresents the seriousness of the defendant's 
        criminal history or the likelihood that the defendant will 
        commit other crimes.
            ``(2) Prohibition.--This subsection shall not apply to any 
        defendant who has been convicted of a serious drug felony or a 
        serious violent felony as defined in paragraphs (57) and (58), 
        respectively, of section 102 of the Controlled Substances Act 
        (21 U.S.C. 802).
    ``(h) Definition of Violent Offense.--As used in this section, the 
term `violent offense' means a `crime of violence', as defined in 
section 16, that is punishable by imprisonment.''.
    (b) Applicability.--The amendments made by this section shall apply 
only to a conviction entered on or after the date of enactment of this 
Act.

SEC. 103. LIMITATION ON APPLICATION OF THE 10-YEAR MANDATORY MINIMUM.

    (a) Amendment.--Section 3553 of title 18, United States Code, as 
amended by section 102, is amended by adding at the end the following:
    ``(i) Limitation on Applicability of Certain Statutory Minimums.--
Notwithstanding any other provision of law, in the case of a conviction 
under section 401 or 406 of the Controlled Substances Act (21 U.S.C. 
841 and 846), section 1010 or 1013 of the Controlled Substances Import 
and Export Act (21 U.S.C. 960 and 963), or section 70503 or 70506 of 
title 46, for which the statutory minimum term of imprisonment is 10 
years, the court may impose a sentence as if the statutory minimum term 
of imprisonment was 5 years, if the court finds at sentencing, after 
the Government has been afforded the opportunity to make a 
recommendation, that--
            ``(1) the defendant does not have a prior conviction for a 
        serious drug felony or serious violent felony as defined in 
        paragraphs (57) and (58), respectively, of section 102 of the 
        Controlled Substances Act (21 U.S.C. 802) that was made final 
        prior to the commission of the instant offense;
            ``(2) the defendant did not use violence or credible 
        threats of violence or possess a firearm or other dangerous 
        weapon (or induce another participant to do so) in connection 
        with the offense, and the offense did not result in death or 
        serious bodily injury to any person;
            ``(3) the defendant was not an organizer, leader, manager, 
        or supervisor of other participants in the offense, as 
        determined under the sentencing guidelines;
            ``(4) the defendant did not act as an importer, exporter, 
        or high-level distributor or supplier, a wholesaler, or a 
        manufacturer of the controlled substances involved in the 
        offense or engage in a continuing criminal enterprise, as 
        defined in section 408 of the Controlled Substances Act (21 
        U.S.C. 848), unless the defendant was a minor or minimal 
        participant, as determined under the sentencing guidelines;
            ``(5) the defendant did not distribute a controlled 
        substance to or with a person under 18 years of age; and
            ``(6) not later than the time of the sentencing hearing, 
        the defendant has truthfully provided to the Government all 
        information and evidence the defendant has concerning the 
        offense or offenses that were part of the same course of 
        conduct or of a common scheme or plan, but the fact that the 
        defendant has no relevant or useful other information to 
        provide or that the Government is already aware of the 
        information shall not preclude a determination by the court 
        that the defendant has complied with this requirement.
Information disclosed by a defendant under this subsection may not be 
used to enhance the sentence of the defendant unless the information 
relates to a violent offense.
    ``(j) Definitions.--As used in subsection (i) of this section--
            ``(1) the term `importer, exporter, or high-level 
        distributor or supplier'--
                    ``(A) means a defendant who imported, exported, or 
                otherwise distributed or supplied large quantities of a 
                controlled substance to other drug distributors; and
                    ``(B) does not include a defendant whose role was 
                limited to transporting drugs or money at the direction 
                of others;
            ``(2) the term `manufacturer' means a defendant who grew, 
        produced, or manufactured a controlled substance and was the 
        principal owner of such controlled substance; and
            ``(3) the term `wholesaler' means a defendant who sold non-
        retail quantities of a controlled substance to other dealers or 
        distributors.''.
    (b) Applicability.--The amendment made by this section shall apply 
only to a conviction entered on or after the date of enactment of this 
Act.

SEC. 104. CLARIFICATION OF SECTION 924(C) OF TITLE 18, UNITED STATES 
              CODE.

    (a) In General.--Section 924(c)(1)(C) of title 18, United States 
Code, is amended, in the matter preceding clause (i), by striking 
``second or subsequent conviction under this subsection'' and inserting 
``violation of this subsection that occurs after a prior conviction 
under this subsection has become final''.
    (b) Applicability to Pending and Past Cases.--
            (1) Pending cases.--This section, and the amendments made 
        by this section, shall apply to any offense that was committed 
        before the date of enactment of this Act, if a sentence for the 
        offense has not been imposed as of such date of enactment.
            (2) Past cases.--
                    (A) Sentence reduction.--
                            (i) In general.--In the case of a defendant 
                        who, before the date of enactment of this Act, 
                        was convicted of an offense for which the 
                        penalty is amended by this section and was 
                        sentenced to a term of imprisonment for the 
                        offense, a term of imprisonment may be reduced 
                        only if--
                                    (I) the instant violation was for a 
                                drug trafficking offense that did not 
                                involve a violation of clause (ii) or 
                                (iii) of section 924(c)(1)(A) of title 
                                18, United States Code;
                                    (II) the defendant has not 
                                otherwise been convicted of any serious 
                                violent felony; and
                                    (III) the sentencing court, on 
                                motion of the defendant or the Director 
                                of the Bureau of Prisons, or on its own 
                                motion, upon prior notice to the 
                                Government, after considering the 
                                factors set forth in section 3553(a) of 
                                title 18, United States Code, the 
                                nature and seriousness of the danger to 
                                any person, the community, or any crime 
                                victims, and the post-sentencing 
                                conduct of the defendant, finds a 
                                reduction is consistent with this 
                                section and the amendments made by this 
                                section.
                            (ii) Requirement.--Any proceeding under 
                        this subparagraph shall be subject to section 
                        3771 of title 18, United States Code (commonly 
                        known as the ``Crime Victims' Rights Act'').
                    (B) Requirement.--For each motion filed under 
                subparagraph (A), the Government shall conduct a 
                particularized inquiry of the facts and circumstances 
                of the original sentencing of the defendant in order to 
                assess whether a reduction in sentence would be 
                consistent with this section and the amendments made by 
                this section, including a review of any prior criminal 
                conduct or any other relevant information from Federal, 
                State, and local authorities.

SEC. 105. APPLICATION OF FAIR SENTENCING ACT.

    (a) Definition of Covered Offense.--In this section, the term 
``covered offense'' means a violation of a Federal criminal statute, 
the statutory penalties for which were modified by section 2 or 3 of 
the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372), 
that was committed before August 3, 2010.
    (b) Defendants Previously Sentenced.--A court that imposed a 
sentence for a covered offense, may, on motion of the defendant, the 
Director of the Bureau of Prisons, the attorney for the Government, or 
the court, impose a reduced sentence as if sections 2 and 3 of the Fair 
Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in 
effect at the time the covered offense was committed.
    (c) Limitations.--No court shall entertain a motion made under this 
section to reduce a sentence if the sentence was previously imposed or 
previously reduced in accordance with the amendments made by sections 2 
and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 
2372) or if a previous motion made under this section to reduce the 
sentence was, after the date of enactment of this Act, denied after a 
complete review of the motion on the merits. Nothing in this section 
shall be construed to require a court to reduce any sentence pursuant 
to this section.

SEC. 106. MANDATORY MINIMUM SENTENCES FOR DOMESTIC VIOLENCE OFFENSES.

    Section 2261(b) of title 18, United States Code, is amended by 
striking paragraphs (1), (2), and (3) and inserting the following:
            ``(1) if death of the victim results--
                    ``(A) in the case of a violation of this section, 
                for any term of years not less than 10 or for life; and
                    ``(B) in the case of a violation of section 2261A, 
                for life or any term of years;
            ``(2) if permanent disfigurement or life threatening bodily 
        injury to the victim results--
                    ``(A) in the case of a violation of this section, 
                for not more than 25 years; and
                    ``(B) in the case of a violation of section 2261A, 
                for not more than 20 years;
            ``(3) if serious bodily injury to the victim results or if 
        the offender uses a dangerous weapon during the offense--
                    ``(A) in the case of a violation of this section, 
                for not more than 15 years; and
                    ``(B) in the case of a violation of section 2261A, 
                for not more than 10 years;''.

SEC. 107. MINIMUM TERM OF IMPRISONMENT FOR CERTAIN ACTS RELATING TO THE 
              PROVISION OF CONTROLLED GOODS OR SERVICES TO TERRORISTS 
              OR PROLIFERATORS OF WEAPONS OF MASS DESTRUCTION.

    Section 206 of the International Emergency Economic Powers Act (50 
U.S.C. 1705) is amended--
            (1) in subsection (c), by striking ``A person'' and 
        inserting ``Subject to subsection (d), a person''; and
            (2) by adding at the end the following:
    ``(d) Minimum Term of Imprisonment for Certain Acts Relating to the 
Provision of Controlled Goods or Services to Terrorists or 
Proliferators of Weapons of Mass Destruction.--
            ``(1) In general.--A person who willfully commits, 
        willfully attempts to commit, or willfully conspires to commit, 
        solicits the commission of, or aids or abets in the commission 
        of, an unlawful act described in paragraph (2) shall, upon 
        conviction, be imprisoned for a term of not less than 5 years. 
        Notwithstanding any other provision of law, a court shall not 
        place on probation any person sentenced under this subsection.
            ``(2) Unlawful acts described.--An unlawful act described 
        in this paragraph is an unlawful act described in subsection 
        (a) that involves--
                    ``(A) the provision of controlled goods or services 
                to or for the use of--
                            ``(i) a state sponsor of terrorism;
                            ``(ii) an organization designated as a 
                        foreign terrorist organization under section 
                        219(a) of the Immigration and Nationality Act 
                        (8 U.S.C. 1189(a)); or
                            ``(iii) a person on the list of specially 
                        designated nationals and blocked persons 
                        maintained by the Office of Foreign Assets 
                        Control of the Department of the Treasury;
                    ``(B) the provision of goods or services, without a 
                license or other written approval of the United States 
                Government, to any person in connection with a program 
                or effort of a foreign country or foreign person to 
                develop weapons of mass destruction; or
                    ``(C) the provision of defense articles or defense 
                services, without a license or other written approval 
                of the Department of State, to, or for the use of, a 
                country subject to an arms embargo by the United 
                States.
            ``(3) Definitions.--In this subsection:
                    ``(A) Controlled goods or services.--The term 
                `controlled goods or services' means any article, item, 
                technical data, service, or technology listed or 
                included in--
                            ``(i) the United States Munitions List 
                        maintained pursuant to part 121 of title 22, 
                        Code of Federal Regulations;
                            ``(ii) the Commerce Control List maintained 
                        pursuant to part 774 of title 15, Code of 
                        Federal Regulations; or
                            ``(iii) any successor to the United States 
                        Munitions List or the Commerce Control List.
                    ``(B) Country subject to an arms embargo.--The term 
                `country subject to an arms embargo' means any foreign 
                country listed in section 126.1 of title 22, Code of 
                Federal Regulations (or any corresponding similar 
                regulation or ruling), for which--
                            ``(i) an embargo or prohibition exists on 
                        the export of defense articles or defense 
                        services; or
                            ``(ii) the policy of the United States is 
                        to deny licenses and other approvals for the 
                        export of defense articles and defense 
                        services.
                    ``(C) Defense article; defense service.--The terms 
                `defense article' and `defense service' have the 
                meanings given those terms in section 47 of the Arms 
                Export Control Act (22 U.S.C. 2794).
                    ``(D) State sponsor of terrorism.--The term `state 
                sponsor of terrorism' means any foreign country, or 
                political subdivision, agency, or instrumentality of a 
                foreign country, if the Secretary of State has 
                determined that the government of the country has 
                repeatedly provided support for acts of international 
                terrorism pursuant to--
                            ``(i) section 6(j)(1)(A) of the Export 
                        Administration Act of 1979 (50 U.S.C. App. 
                        2405(j)(1)(A)) (as in effect pursuant to this 
                        Act);
                            ``(ii) section 40(d) of the Arms Export 
                        Control Act (22 U.S.C. 2780(d));
                            ``(iii) section 620A(a) of the Foreign 
                        Assistance Act of 1961 (22 U.S.C. 2371(a)); or
                            ``(iv) any other provision of law.
                    ``(E) Weapon of mass destruction.--The term `weapon 
                of mass destruction' has the meaning given that term in 
                section 2332a of title 18, United States Code.''.

SEC. 108. INVENTORY OF FEDERAL CRIMINAL OFFENSES.

    (a) Definitions.--In this section--
            (1) the term ``criminal regulatory offense'' means a 
        Federal regulation that is enforceable by a criminal penalty;
            (2) the term ``criminal statutory offense'' means a 
        criminal offense under a Federal statute; and
            (3) the term ``Executive agency''--
                    (A) has the meaning given the term in section 105 
                of title 5, United States Code; and
                    (B) includes the United States Postal Service and 
                the Postal Regulatory Commission.
    (b) Report on Criminal Statutory Offenses.--Not later than 1 year 
after the date of enactment of this Act, the Attorney General shall 
submit to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives a report, 
which shall include--
            (1) a list of all criminal statutory offenses, including a 
        list of the elements for each criminal statutory offense; and
            (2) for each criminal statutory offense listed under 
        paragraph (1) and organized by Federal district where 
        applicable--
                    (A) the potential criminal penalty for the criminal 
                statutory offense;
                    (B) the number of violations of the criminal 
                statutory offense referred to the Department of Justice 
                by an Executive agency for prosecution, including 
                referrals from investigative agencies of the Department 
                of Justice, in each of the years during the 15-year 
                period preceding the date of enactment of this Act;
                    (C) the number of prosecutions for the criminal 
                statutory offense brought by the Department of Justice 
                each year for the 15-year period preceding the date of 
                enactment of this Act;
                    (D) the number of prosecutions for the criminal 
                statutory offense brought by the Department of Justice 
                that have resulted in conviction for each year of the 
                15-year period preceding the date of enactment of this 
                Act;
                    (E) the number of convictions for the criminal 
                statutory offense that have resulted in imprisonment 
                for each year of the 15-year period preceding the date 
                of enactment of this Act;
                    (F) the average length of sentence of imprisonment 
                imposed as a result of conviction for the criminal 
                statutory offense during each year of the 15-year 
                period preceding the date of enactment of this Act;
                    (G) the mens rea requirement for the criminal 
                statutory offense; and
                    (H) the number of prosecutions for the criminal 
                statutory offense in which the Department of Justice 
                was not required to prove mens rea as a component of 
                the offense.
    (c) Report on Criminal Regulatory Offenses.--Not later than 1 year 
after the date of enactment of this Act, the head of each Executive 
agency shall submit to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Representatives a 
report, which shall include--
            (1) a list of all criminal regulatory offenses enforceable 
        by the agency; and
            (2) for each criminal regulatory offense listed under 
        paragraph (1)--
                    (A) the potential criminal penalty for a violation 
                of the criminal regulatory offense;
                    (B) the number of violations of the criminal 
                regulatory offense referred to the Department of 
                Justice for prosecution in each of the years during the 
                15-year period preceding the date of enactment of this 
                Act;
                    (C) the number of prosecutions for the criminal 
                regulatory offense brought by the Department of Justice 
                each year for the 15-year period preceding the date of 
                enactment of this Act;
                    (D) the number of prosecutions for the criminal 
                regulatory offense brought by the Department of Justice 
                that have resulted in conviction for each year of the 
                15-year period preceding the date of enactment of this 
                Act;
                    (E) the number of convictions for the criminal 
                regulatory offense that have resulted in imprisonment 
                for each year of the 15-year period preceding the date 
                of enactment of this Act;
                    (F) the average length of sentence of imprisonment 
                imposed as a result of conviction for the criminal 
                regulatory offense during each year of the 15-year 
                period preceding the date of enactment of this Act;
                    (G) the mens rea requirement for the criminal 
                regulatory offense; and
                    (H) the number of prosecutions for the criminal 
                regulatory offense in which the Department of Justice 
                was not required to prove mens rea as a component of 
                the offense.
    (d) Index.--Not later than 2 years after the date of enactment of 
this Act--
            (1) the Attorney General shall establish a publically 
        accessible index of each criminal statutory offense listed in 
        the report required under subsection (b) and make the index 
        available and freely accessible on the website of the 
        Department of Justice; and
            (2) the head of each Executive agency shall establish a 
        publically accessible index of each criminal regulatory offense 
        listed in the report required under subsection (c) and make the 
        index available and freely accessible on the website of the 
        agency.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to require or authorize appropriations.

SEC. 109. FENTANYL.

    (a) Controlled Substances Act Amendment.--Section 401(b) of the 
Controlled Substances Act (21 U.S.C. 841(b)) is amended by adding at 
the end the following:
    ``(8)(A) In the case of a violation of subsection (a), if the 
mixture or substance containing a detectable amount of heroin also 
contains a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-
piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide, then a court shall--
            ``(i) not impose a term of probation; and
            ``(ii) in addition to the term of punishment for the 
        violation of this section, impose a term of imprisonment not to 
        exceed 5 years.
    ``(B) A term of imprisonment imposed on a person under subparagraph 
(A)(ii) may not run concurrently with any term of imprisonment imposed 
on the person under any other provision of law.
    ``(9)(A) In the case of a violation of subsection (a), if the 
mixture or substance containing a detectable amount of N-phenyl-N-[1-
(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-
N-[1-(2-phenylethyl)-4-piperidinyl] propanamide was represented to be 
or sold as heroin, then a court shall--
            ``(i) not impose a term of probation; and
            ``(ii) in addition to the term of punishment for the 
        violation of this section, impose a term of imprisonment not to 
        exceed 5 years.
    ``(B) A term of imprisonment imposed on a person under subparagraph 
(A)(ii) may not run concurrently with any term of imprisonment imposed 
on the person under any other provision of law.''.
    (b) Controlled Substances Import and Export Act Amendment.--Section 
1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 
960(b)) is amended by adding at the end the following:
    ``(8)(A) In the case of a violation of subsection (a), if the 
mixture or substance containing a detectable amount of heroin also 
contains a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-
piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide, then a court shall--
            ``(i) not impose a term of probation; and
            ``(ii) in addition to the term of punishment for the 
        violation of this section, impose a term of imprisonment not to 
        exceed 5 years.
    ``(B) A term of imprisonment imposed on a person under subparagraph 
(A)(ii) may not run concurrently with any term of imprisonment imposed 
on the person under any other provision of law.
    ``(9)(A) In the case of a violation of subsection (a), if the 
mixture or substance containing a detectable amount of N-phenyl-N-[1-
(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-
N-[1-(2-phenylethyl)-4-piperidinyl] propanamide was represented to be 
or sold as heroin, then a court shall--
            ``(i) not impose a term of probation; and
            ``(ii) in addition to the term of punishment for the 
        violation of this section, impose a term of imprisonment not to 
        exceed 5 years.
    ``(B) A term of imprisonment imposed on a person under subparagraph 
(A)(ii) may not run concurrently with any term of imprisonment imposed 
on the person under any other provision of law.''.

                       TITLE II--CORRECTIONS ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Corrections Oversight, Recidivism 
Reduction, and Eliminating Costs for Taxpayers In Our National System 
Act of 2017'' or the ``CORRECTIONS Act''.

SEC. 202. RECIDIVISM REDUCTION PROGRAMMING AND PRODUCTIVE ACTIVITIES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General shall--
            (1) conduct a review of recidivism reduction programming 
        and productive activities, including prison jobs, offered in 
        correctional institutions, including programming and activities 
        offered in State correctional institutions, which shall include 
        a review of research on the effectiveness of such programs;
            (2) conduct a survey to identify products, including 
        products purchased by Federal agencies, that are currently 
        manufactured overseas and could be manufactured by prisoners 
        participating in a prison work program without reducing job 
        opportunities for other workers in the United States; and
            (3) submit to the Committee on the Judiciary and the 
        Committee on Appropriations of the Senate and the Committee on 
        the Judiciary and the Committee on Appropriations of the House 
        of Representatives a strategic plan for the expansion of 
        recidivism reduction programming and productive activities, 
        including prison jobs, in Bureau of Prisons facilities required 
        by section 3621(h)(1) of title 18, United States Code, as added 
        by subsection (b).
    (b) Amendment.--Section 3621 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(h) Recidivism Reduction Programming and Productive Activities.--
            ``(1) In general.--The Director of the Bureau of Prisons, 
        shall, subject to the availability of appropriations, make 
        available to all eligible prisoners appropriate recidivism 
        reduction programming or productive activities, including 
        prison jobs, in accordance with paragraph (2).
            ``(2) Expansion period.--
                    ``(A) In general.--In carrying out this subsection, 
                the Director of the Bureau of Prisons shall have 6 
                years beginning on the date of enactment of this 
                subsection to ensure appropriate recidivism reduction 
                programming and productive activities, including prison 
                jobs, are available for all eligible prisoners.
                    ``(B) Certification.--
                            ``(i) In general.--The National Institute 
                        of Corrections shall evaluate all recidivism 
                        reduction programming or productive activities 
                        that are made available to eligible prisoners 
                        and determine whether such programming or 
                        activities may be certified as evidence-based 
                        and effective at reducing or mitigating 
                        offender risk and recidivism.
                            ``(ii) Considerations.--In determining 
                        whether or not to issue a certification under 
                        clause (i), the National Institute of 
                        Corrections shall consult with internal or 
                        external program evaluation experts, including 
                        the Office of Management and Budget and the 
                        Comptroller General of the United States to 
                        identify appropriate evaluation methodologies 
                        for each type of program offered, and may use 
                        analyses of similar programs conducted in other 
                        correctional settings.
            ``(3) Recidivism reduction partnerships.--Not later than 18 
        months after the date of enactment of this subsection, the 
        Attorney General shall issue regulations requiring the official 
        in charge of each correctional facility to ensure, subject to 
        the availability of appropriations, that appropriate recidivism 
        reduction programming and productive activities, including 
        prison jobs, are available for all eligible prisoners within 
        the time period specified in paragraph (2), by entering into 
        partnerships with the following:
                    ``(A) Nonprofit and other private organizations, 
                including faith-based and community-based 
                organizations, that provide recidivism reduction 
                programming, on a paid or volunteer basis.
                    ``(B) Educational institutions that will deliver 
                academic classes in Bureau of Prisons facilities, on a 
                paid or volunteer basis.
                    ``(C) Nonprofit or other private organizations, 
                including faith-based and community-based 
                organizations, that will--
                            ``(i) deliver occupational and vocational 
                        training and certifications in Bureau of 
                        Prisons facilities;
                            ``(ii) provide equipment to facilitate 
                        occupational and vocational training or 
                        employment opportunities for prisoners;
                            ``(iii) employ prisoners; or
                            ``(iv) assist prisoners in prerelease 
                        custody or supervised release in finding 
                        employment.
                    ``(D) Industry-sponsored organizations that deliver 
                workforce development and training that lead to 
                recognized certification and employment.
            ``(4) Assignments.--In assigning prisoners to recidivism 
        reduction programming and productive activities, the Director 
        of the Bureau of Prisons shall use the Post-Sentencing Risk and 
        Needs Assessment System described in section 3621A and shall 
        ensure that--
                    ``(A) to the extent practicable, prisoners are 
                separated from prisoners of other risk classifications 
                in accordance with best practices for effective 
                recidivism reduction;
                    ``(B) a prisoner who has been classified as low 
                risk and without need for recidivism reduction 
                programming shall participate in and successfully 
                complete productive activities, including prison jobs, 
                in order to maintain a low-risk classification;
                    ``(C) a prisoner who has successfully completed all 
                recidivism reduction programming to which the prisoner 
                was assigned shall participate in productive 
                activities, including a prison job; and
                    ``(D) to the extent practicable, each eligible 
                prisoner shall participate in and successfully complete 
                recidivism reduction programming or productive 
                activities, including prison jobs, throughout the 
                entire term of incarceration of the prisoner.
            ``(5) Mentoring services.--Any person who provided 
        mentoring services to a prisoner while the prisoner was in a 
        penal or correctional facility of the Bureau of Prisons shall 
        be permitted to continue such services after the prisoner has 
        been transferred into prerelease custody, unless the person in 
        charge of the penal or correctional facility of the Bureau of 
        Prisons demonstrates, in a written document submitted to the 
        person, that such services would be a significant security risk 
        to the prisoner, persons who provide such services, or any 
        other person.
            ``(6) Recidivism reduction program incentives and 
        rewards.--Prisoners who have successfully completed recidivism 
        reduction programs and productive activities shall be eligible 
        for the following:
                    ``(A) Time credits.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), a prisoner who has successfully 
                        completed a recidivism reduction program or 
                        productive activity that has been certified 
                        under paragraph (2)(B) shall receive time 
                        credits of 5 days for each period of 30 days of 
                        successful completion of such program or 
                        activity. A prisoner who is classified as low 
                        risk shall receive additional time credits of 5 
                        days for each period of 30 days of successful 
                        completion of such program or activity.
                            ``(ii) Availability.--A prisoner may not 
                        receive time credits under this subparagraph 
                        for successfully completing a recidivism 
                        reduction program or productive activity--
                                    ``(I) before the date of enactment 
                                of this subsection; or
                                    ``(II) during official detention 
                                before the date on which the prisoner's 
                                sentence commences under section 
                                3585(a).
                            ``(iii) Exclusions.--No credit shall be 
                        awarded under this subparagraph to a prisoner 
                        serving a sentence for a second or subsequent 
                        conviction for a Federal offense imposed after 
                        the date on which the prisoner's first such 
                        conviction became final, which shall not 
                        include any offense under section 1152 or 
                        section 1153 for which the prisoner was 
                        sentenced to less than 13 months. No credit 
                        shall be awarded under this subparagraph to a 
                        prisoner with 13 or more criminal history 
                        points, as determined under the sentencing 
                        guidelines, at the time of sentencing, unless 
                        the court determines in writing at sentencing 
                        that the defendant's criminal history category 
                        substantially overrepresents the seriousness of 
                        the defendant's criminal history or the 
                        likelihood that the defendant will commit other 
                        crimes and exercises its authority to lower the 
                        defendant's criminal history category. No 
                        credit shall be awarded under this subparagraph 
                        to any prisoner serving a sentence of 
                        imprisonment for conviction for any of the 
                        following offenses:
                                    ``(I) A Federal crime of terrorism, 
                                as defined under section 2332b(g)(5).
                                    ``(II) A Federal crime of violence, 
                                as defined under section 16.
                                    ``(III) A Federal sex offense, as 
                                described in section 111 of the Sex 
                                Offender Registration and Notification 
                                Act (34 U.S.C. 20911).
                                    ``(IV) Engaging in a continuing 
                                criminal enterprise, as defined in 
                                section 408 of the Controlled 
                                Substances Act (21 U.S.C. 848).
                                    ``(V) A Federal fraud offense for 
                                which the prisoner received a sentence 
                                of imprisonment of more than 15 years.
                                    ``(VI) A Federal crime involving 
                                child exploitation, as defined in 
                                section 2 of the PROTECT Our Children 
                                Act of 2008 (34 U.S.C. 21101).
                                    ``(VII) A violation of--
                                            ``(aa) chapter 11 (relating 
                                        to bribery, graft, and 
                                        conflicts of interest);
                                            ``(bb) chapter 29 (relating 
                                        to elections and political 
                                        activities);
                                            ``(cc) section 1028A, 1031, 
                                        or 1040 (relating to fraud);
                                            ``(dd) chapter 63 involving 
                                        a scheme or artifice to deprive 
                                        another of the intangible right 
                                        of honest services;
                                            ``(ee) chapter 73 (relating 
                                        to obstruction of justice);
                                            ``(ff) chapter 95 or 96 
                                        (relating to racketeering and 
                                        racketeer influenced and 
                                        corrupt organizations); or
                                            ``(gg) chapter 110 
                                        (relating to sexual 
                                        exploitation and other abuse of 
                                        children).
                            ``(iv) Identification of covered 
                        offenses.--Not later than 1 year after the date 
                        of enactment of this subsection, the United 
                        States Sentencing Commission shall prepare and 
                        submit to the Director of the Bureau of Prisons 
                        a list of all Federal offenses described in 
                        subclauses (I) through (VII) of clause (iii), 
                        and shall update such list on an annual basis.
                    ``(B) Other incentives.--The Bureau of Prisons 
                shall develop policies to provide appropriate 
                incentives for successful completion of recidivism 
                reduction programming and productive activities, other 
                than time credit pursuant to subparagraph (A), 
                including incentives for prisoners who are precluded 
                from earning credit under subparagraph (A)(iii). Such 
                incentives may include additional telephone or 
                visitation privileges for use with family, close 
                friends, mentors, and religious leaders.
                    ``(C) Penalties.--The Bureau of Prisons may reduce 
                rewards a prisoner has previously earned under 
                subparagraph (A) for prisoners who violate the rules of 
                the penal or correctional facility in which the 
                prisoner is imprisoned, a recidivism reduction program, 
                or a productive activity.
                    ``(D) Relation to other incentive programs.--The 
                incentives described in this paragraph shall be in 
                addition to any other rewards or incentives for which a 
                prisoner may be eligible, except that a prisoner shall 
                not be eligible for the time credits described in 
                subparagraph (A) if the prisoner has accrued time 
                credits under another provision of law based solely 
                upon participation in, or successful completion of, 
                such program.
            ``(7) Successful completion.--For purposes of this 
        subsection, a prisoner--
                    ``(A) shall be considered to have successfully 
                completed a recidivism reduction program or productive 
                activity, if the Bureau of Prisons determines that the 
                prisoner--
                            ``(i) regularly attended and participated 
                        in the recidivism reduction program or 
                        productive activity;
                            ``(ii) regularly completed assignments or 
                        tasks in a manner that allowed the prisoner to 
                        realize the criminogenic benefits of the 
                        recidivism reduction program or productive 
                        activity;
                            ``(iii) did not regularly engage in 
                        disruptive behavior that seriously undermined 
                        the administration of the recidivism reduction 
                        program or productive activity; and
                            ``(iv) satisfied the requirements of 
                        clauses (i) through (iii) for a time period 
                        that is not less than 30 days and allowed the 
                        prisoner to realize the criminogenic benefits 
                        of the recidivism reduction program or 
                        productive activity; and
                    ``(B) for purposes of paragraph (6)(A), may be 
                given credit for successful completion of a recidivism 
                reduction program or productive activity for the time 
                period during which the prisoner participated in such 
                program or activity if the prisoner satisfied the 
                requirements of subparagraph (A) during such time 
                period, notwithstanding that the prisoner continues to 
                participate in such program or activity.
            ``(8) Definitions.--In this subsection:
                    ``(A) Eligible prisoner.--The term `eligible 
                prisoner' means--
                            ``(i) an individual who has been sentenced 
                        to a term of imprisonment pursuant to a 
                        conviction for a Federal criminal offense; or
                            ``(ii) an individual within the custody of 
                        the Bureau of Prisons, including an individual 
                        in a Bureau of Prisons contracted facility.
                    ``(B) Productive activity.--The term `productive 
                activity'--
                            ``(i) means a group or individual activity, 
                        including holding a job as part of a prison 
                        work program, that is designed to allow 
                        prisoners classified as having a lower risk of 
                        recidivism to maintain such classification, 
                        when offered to such prisoners; and
                            ``(ii) may include the delivery of the 
                        activities described in subparagraph (C)(i)(II) 
                        to other prisoners.
                    ``(C) Recidivism reduction program.--The term 
                `recidivism reduction program' means--
                            ``(i) a group or individual activity that--
                                    ``(I) has been certified to reduce 
                                recidivism or promote successful 
                                reentry; and
                                    ``(II) may include--
                                            ``(aa) classes on social 
                                        learning and life skills;
                                            ``(bb) classes on morals or 
                                        ethics;
                                            ``(cc) academic classes;
                                            ``(dd) cognitive behavioral 
                                        treatment;
                                            ``(ee) mentoring;
                                            ``(ff) occupational and 
                                        vocational training;
                                            ``(gg) faith-based classes 
                                        or services;
                                            ``(hh) domestic violence 
                                        education and deterrence 
                                        programming;
                                            ``(ii) victim-impact 
                                        classes or other restorative 
                                        justice programs;
                                            ``(jj) industry-sponsored 
                                        workforce development, 
                                        education, or training; and
                                            ``(kk) a prison job; and
                            ``(ii) shall include--
                                    ``(I) a productive activity; and
                                    ``(II) recovery programming.
                    ``(D) Recovery programming.--The term `recovery 
                programming' means a course of instruction or 
                activities, other than a course described in subsection 
                (e), that has been demonstrated to reduce drug or 
                alcohol abuse or dependence among participants, or to 
                promote recovery among individuals who have previously 
                abused alcohol or drugs, to include appropriate 
                medication-assisted treatment.''.
    (c) No Consideration of Earned Time Credit Eligibility During 
Sentencing.--
            (1) In general.--Section 3553 of title 18, United States 
        Code, as amended by sections 102 and 103 of this Act, is 
        amended--
                    (A) by redesignating subsections (b) through (j) as 
                subsections (c) through (k), respectively;
                    (B) in subsection (e)(3), as so redesignated, by 
                striking ``subsection (c)'' and inserting ``subsection 
                (d)''; and
                    (C) by inserting after subsection (a) the 
                following:
    ``(b) In imposing a sentence, the court shall not consider the 
defendant's eligibility or potential eligibility for credit under 
section 3621(e), 3621(h), or 3624(b) or any similar provision of law, 
but shall not be prohibited from informing the defendant of the 
existence of such credits or related programs.''.
            (2) Technical and conforming amendments.--Section 3742 of 
        title 18, United States Code, is amended--
                    (A) in subsection (e)(3)--
                            (i) in subparagraph (A), by striking 
                        ``section 3553(c)'' and inserting ``section 
                        3553(d)'';
                            (ii) in subparagraph (B)(ii), by striking 
                        ``section 3553(b)'' and inserting ``section 
                        3553(c)''; and
                            (iii) in subparagraph (C), by striking 
                        ``section 3553(c)'' and inserting ``section 
                        3553(d)'';
                    (B) in subsection (g)(2), by striking ``section 
                3553(c)'' and inserting ``section 3553(d)''; and
                    (C) in subsection (j)(1)(B), by striking ``section 
                3553(b)'' and inserting ``section 3553(c)''.

SEC. 203. POST-SENTENCING RISK AND NEEDS ASSESSMENT SYSTEM.

    (a) In General.--Subchapter C of chapter 229 of title 18, United 
States Code, is amended by inserting after section 3621 the following:
``Sec. 3621A. Post-sentencing risk and needs assessment system
    ``(a) In General.--Not later than 30 months after the date of the 
enactment of this section, the Attorney General shall develop for use 
by the Bureau of Prisons an offender risk and needs assessment system, 
to be known as the `Post-Sentencing Risk and Needs Assessment System' 
or the `Assessment System', which shall--
            ``(1) assess and determine the recidivism risk level of all 
        prisoners and classify each prisoner as having a low, moderate, 
        or high risk of recidivism;
            ``(2) to the extent practicable, assess and determine the 
        risk of violence of all prisoners;
            ``(3) ensure that, to the extent practicable, low-risk 
        prisoners are grouped together in housing and assignment 
        decisions;
            ``(4) assign each prisoner to appropriate recidivism 
        reduction programs or productive activities based on the 
        prisoner's risk level and the specific criminogenic needs of 
        the prisoner, and in accordance with section 3621(h)(4);
            ``(5) reassess and update the recidivism risk level and 
        programmatic needs of each prisoner pursuant to the schedule 
        set forth in subsection (c)(2), and assess changes in the 
        prisoner's recidivism risk within a particular risk level; and
            ``(6) provide information on best practices concerning the 
        tailoring of recidivism reduction programs to the specific 
        criminogenic needs of each prisoner so as to effectively lower 
        the prisoner's risk of recidivating.
    ``(b) Development of System.--
            ``(1) In general.--In designing the Assessment System, the 
        Attorney General shall--
                    ``(A) use available research and best practices in 
                the field and consult with academic and other criminal 
                justice experts as appropriate;
                    ``(B) ensure that the Assessment System measures 
                indicators of progress and improvement, and of 
                regression, including newly acquired skills, attitude, 
                and behavior changes over time, through meaningful 
                consideration of dynamic risk factors, such that--
                            ``(i) all prisoners at each risk level 
                        other than low risk have a meaningful 
                        opportunity to progress to a lower risk 
                        classification during the period of the 
                        incarceration of the prisoner through changes 
                        in dynamic risk factors; and
                            ``(ii) all prisoners on prerelease custody, 
                        other than prisoners classified as low risk, 
                        have a meaningful opportunity to progress to a 
                        lower risk classification during such custody 
                        through changes in dynamic risk factors;
                    ``(C) ensure that the Assessment System is adjusted 
                on a regular basis, but not less frequently than every 
                3 years, to take account of the best statistical 
                evidence of effectiveness in reducing recidivism rates; 
                and
                    ``(D) ensure that the Assessment System does not 
                result in unwarranted disparities, including by--
                            ``(i) regularly evaluating rates of 
                        recidivism among similarly classified prisoners 
                        to identify any unwarranted disparities in such 
                        rates, including disparities among similarly 
                        classified prisoners of different racial 
                        groups; and
                            ``(ii) adjusting the Assessment System to 
                        reduce such disparities to the greatest extent 
                        possible.
            ``(2) Risk and needs assessment tools.--In carrying out 
        this subsection, the Attorney General shall--
                    ``(A) develop a suitable intake assessment tool to 
                perform the initial assessments and determinations 
                described in subsection (a)(1), and to make the 
                assignments described in paragraphs (3) and (4) of 
                subsection (a);
                    ``(B) develop a suitable reassessment tool to 
                perform the reassessments and updates described in 
                subsection (a)(5); and
                    ``(C) develop a suitable tool to assess the 
                recidivism risk level of prisoners in prerelease 
                custody.
            ``(3) Use of existing risk and needs assessment tools 
        permitted.--In carrying out this subsection, the Attorney 
        General may use existing risk and needs assessment tools, as 
        appropriate, for the assessment tools required under paragraph 
        (2).
            ``(4) Use of presentence report.--In carrying out this 
        subsection, the Attorney General shall coordinate with the 
        United States Probation and Pretrial Services to ensure that 
        the findings of the Presentence Report of each offender are 
        available and considered in the Assessment System.
            ``(5) Validation.--In carrying out this subsection, the 
        Attorney General shall statistically validate the risk and 
        needs assessment tools on the Federal prison population, or 
        ensure that the tools have been so validated. To the extent 
        such validation cannot be completed with the time period 
        specified in subsection (a), the Attorney General shall ensure 
        that such validation is completed as soon as is practicable.
            ``(6) Relationship with existing classification systems.--
        The Bureau of Prisons may incorporate its existing Inmate 
        Classification System into the Assessment System if the 
        Assessment System assesses the risk level and criminogenic 
        needs of each prisoner and determines the appropriate security 
        level institution for each prisoner. Before the development of 
        the Assessment System, the Bureau of Prisons may use the 
        existing Inmate Classification System, or a pre-existing risk 
        and needs assessment tool that can be used to classify 
        prisoners consistent with subsection (a)(1), or can be 
        reasonably adapted for such purpose, for purposes of this 
        section, section 3621(h), and section 3624(c).
    ``(c) Risk Assessment.--
            ``(1) Initial assessments.--Not later than 30 months after 
        the date on which the Attorney General develops the Assessment 
        System, the Bureau of Prisons shall determine the risk level 
        and criminogenic needs of each prisoner using the Assessment 
        System.
            ``(2) Reassessments and updates.--The Bureau of Prisons 
        shall update the assessment of each prisoner required under 
        paragraph (1)--
                    ``(A) not less frequently than once each year for 
                any prisoner whose anticipated release date is within 3 
                years;
                    ``(B) not less frequently than once every 2 years 
                for any prisoner whose anticipated release date is 
                within 10 years; and
                    ``(C) not less frequently than once every 3 years 
                for any other prisoner.
    ``(d) Assignment of Recidivism Reduction Programs or Productive 
Activities.--The Assessment System shall provide guidance on the kind 
and amount of recidivism reduction programming or productive activities 
appropriate for each prisoner.
    ``(e) Bureau of Prisons Training.--The Attorney General shall 
develop training protocols and programs for Bureau of Prisons officials 
and employees responsible for administering the Assessment System. Such 
training protocols shall include a requirement that personnel of the 
Bureau of Prisons demonstrate competence in using the methodology and 
procedure developed under this section on a regular basis.
    ``(f) Information From Presentence Report.--The Attorney General 
shall ensure that the Bureau of Prisons uses relevant information from 
the Presentence Report of each offenders when conducting an assessment 
under this section.
    ``(g) Quality Assurance.--In order to ensure that the Bureau of 
Prisons is using the Assessment System in an appropriate and consistent 
manner, the Attorney General shall monitor and assess the use of the 
Assessment System and shall conduct periodic audits of the use of the 
Assessment System at facilities of the Bureau of Prisons.
    ``(h) Determinations and Classifications Unreviewable.--Subject to 
any constitutional limitations, there shall be no right of review, 
right of appeal, cognizable property interest, or cause of action, 
either administrative or judicial, arising from any determination or 
classification made by any Federal agency or employee while 
implementing or administering the Assessment System, or any rules or 
regulations promulgated under this section.
    ``(i) Definitions.--In this section:
            ``(1) Dynamic risk factor.--The term `dynamic risk factor' 
        means a characteristic or attribute that has been shown to be 
        relevant to assessing risk of recidivism and that can be 
        modified based on a prisoner's actions, behaviors, or 
        attitudes, including through completion of appropriate 
        programming or other means, in a prison setting.
            ``(2) Recidivism risk.--The term `recidivism risk' means 
        the likelihood that a prisoner will commit additional crimes 
        for which the prisoner could be prosecuted in a Federal, State, 
        or local court in the United States.
            ``(3) Recidivism reduction program; productive activity; 
        recovery programming.--The terms `recidivism reduction 
        program', `productive activity', and `recovery programming' 
        shall have the meaning given such terms in section 
        3621(h)(8).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
subchapter C of chapter 229 of title 18, United States Code, is amended 
by inserting after the item relating to section 3621 the following:

``3621A. Post-sentencing risk and needs assessment system.''.

SEC. 204. PRERELEASE CUSTODY.

    (a) In General.--Section 3624(c) of title 18, United States Code, 
is amended--
            (1) in paragraph (1), by striking the period at the end of 
        the second sentence and inserting ``or home confinement, 
        subject to the limitation that no prisoner may serve more than 
        10 percent of the prisoner's imposed sentence in home 
        confinement pursuant to this paragraph.'';
            (2) by striking paragraphs (2) and (3) and inserting the 
        following:
            ``(2) Credit for recidivism reduction.--Notwithstanding the 
        10 percent limit described in paragraph (1) and in addition to 
        any time spent in prerelease custody pursuant to paragraph (1), 
        a prisoner shall spend an additional portion of the final 
        months of the prisoner's sentence, equivalent to the amount of 
        time credit the prisoner has earned pursuant to section 
        3621(h)(6)(A), in prerelease custody, if--
                    ``(A) the prisoner's most recent risk and needs 
                assessment, conducted within 1 year of the date on 
                which the prisoner would first be eligible for transfer 
                to prerelease custody pursuant to paragraph (1) and 
                this paragraph, reflects that the prisoner is 
                classified as low or moderate risk; and
                    ``(B) for a prisoner classified as moderate risk, 
                the prisoner's most recent risk and needs assessment 
                reflects that the prisoner's risk of recidivism has 
                declined during the period of the prisoner's 
                incarceration.
            ``(3) Types of prerelease custody.--A prisoner eligible to 
        serve a portion of the prisoner's sentence in prerelease 
        custody pursuant to paragraph (2) may serve such portion in a 
        residential reentry center, on home confinement, or, subject to 
        paragraph (5), on community supervision.'';
            (3) by redesignating paragraphs (4) through (6) as 
        paragraphs (9) through (11), respectively;
            (4) by inserting the following after paragraph (3):
            ``(4) Home confinement.--
                    ``(A) In general.--Upon placement in home 
                confinement pursuant to paragraph (2), a prisoner 
                shall--
                            ``(i) be subject to 24-hour electronic 
                        monitoring that enables the prompt 
                        identification of any violation of clause (ii);
                            ``(ii) remain in the prisoner's residence, 
                        with the exception of the following activities, 
                        subject to approval by the Director of the 
                        Bureau of Prisons--
                                    ``(I) participation in a job, job-
                                seeking activities, or job-related 
                                activities, including an 
                                apprenticeship;
                                    ``(II) participation in recidivism 
                                reduction programming or productive 
                                activities assigned by the Post-
                                Sentencing Risk and Needs Assessment 
                                System, or similar activities approved 
                                in advance by the Director of the 
                                Bureau of Prisons;
                                    ``(III) participation in community 
                                service;
                                    ``(IV) crime victim restoration 
                                activities;
                                    ``(V) medical treatment; or
                                    ``(VI) religious activities; and
                            ``(iii) comply with such other conditions 
                        as the Director of the Bureau of Prisons deems 
                        appropriate.
                    ``(B) Alternative means of monitoring.--If 
                compliance with subparagraph (A)(i) is infeasible due 
                to technical limitations or religious considerations, 
                the Director of the Bureau of Prisons may employ 
                alternative means of monitoring that are determined to 
                be as effective or more effective than electronic 
                monitoring.
                    ``(C) Modifications.--The Director of the Bureau of 
                Prisons may modify the conditions of the prisoner's 
                home confinement for compelling reasons, if the 
                prisoner's record demonstrates exemplary compliance 
                with such conditions.
            ``(5) Community supervision.--
                    ``(A) Time credit less than 36 months.--Any 
                prisoner described in subparagraph (D) who has earned 
                time credit of less than 36 months pursuant to section 
                3621(h)(6)(A) shall be eligible to serve no more than 
                one-half of the amount of such credit on community 
                supervision, if the prisoner satisfies the conditions 
                set forth in subparagraph (C).
                    ``(B) Time credit of 36 months or more.--Any 
                prisoner described in subparagraph (D) who has earned 
                time credit of 36 months or more pursuant to section 
                3621(h)(6)(A) shall be eligible to serve the amount of 
                such credit exceeding 18 months on community 
                supervision, if the prisoner satisfies the conditions 
                set forth in subparagraph (C).
                    ``(C) Conditions of community supervision.--A 
                prisoner placed on community supervision shall be 
                subject to such conditions as the Director of the 
                Bureau of Prisons deems appropriate. A prisoner on 
                community supervision may remain on community 
                supervision until the conclusion of the prisoner's 
                sentence of incarceration if the prisoner--
                            ``(i) complies with all conditions of 
                        prerelease custody;
                            ``(ii) remains current on any financial 
                        obligations imposed as part of the prisoner's 
                        sentence, including payments of court-ordered 
                        restitution arising from the offense of 
                        conviction; and
                            ``(iii) refrains from committing any State, 
                        local, or Federal offense.
                    ``(D) Covered prisoners.--A prisoner described in 
                this subparagraph is a prisoner who--
                            ``(i) is classified as low risk by the 
                        Post-Sentencing Risk and Needs Assessment 
                        System in the assessment conducted for purposes 
                        of paragraph (2); or
                            ``(ii) is subsequently classified as low 
                        risk by the Post-Sentencing Risk and Needs 
                        Assessment System.
            ``(6) Violations.--If a prisoner violates a condition of 
        the prisoner's prerelease custody, the Director of the Bureau 
        of Prisons may revoke the prisoner's prerelease custody and 
        require the prisoner to serve the remainder of the prisoner's 
        term of incarceration, or any portion thereof, in prison, or 
        impose additional conditions on the prisoner's prerelease 
        custody as the Director of the Bureau of Prisons deems 
        appropriate. If the violation is nontechnical in nature, the 
        Director of the Bureau of Prisons shall revoke the prisoner's 
        prerelease custody.
            ``(7) Credit for prerelease custody.--Upon completion of a 
        prisoner's sentence, any term of supervised release imposed on 
        the prisoner shall be reduced by the amount of time the 
        prisoner served in prerelease custody pursuant to paragraph 
        (2).
            ``(8) Agreements with united states probation and pretrial 
        services.--The Director of the Bureau of Prisons shall, to the 
        greatest extent practicable, enter into agreements with the 
        United States Probation and Pretrial Services to supervise 
        prisoners placed in home confinement or community supervision 
        under this subsection. Such agreements shall authorize United 
        States Probation and Pretrial Services to exercise the 
        authority granted to the Director of the Bureau of Prisons 
        pursuant to paragraphs (4), (5), and (12). Such agreements 
        shall take into account the resource requirements of United 
        States Probation and Pretrial Services as a result of the 
        transfer of Bureau of Prisons inmates to prerelease custody and 
        shall provide for the transfer of monetary sums necessary to 
        comply with such requirements. United States Probation and 
        Pretrial Services shall, to the greatest extent practicable, 
        offer assistance to any prisoner not under its supervision 
        during prerelease custody under this subsection.''; and
            (5) by inserting at the end the following:
            ``(12) Determination of appropriate conditions for 
        prerelease custody.--In determining appropriate conditions for 
        prerelease custody pursuant to this subsection, and in 
        accordance with paragraph (5), the Director of the Bureau of 
        Prisons shall, to the extent practicable, subject prisoners who 
        demonstrate continued compliance with the requirements of such 
        prerelease custody to increasingly less restrictive conditions, 
        so as to most effectively prepare such prisoners for reentry. 
        No prisoner shall be transferred to community supervision 
        unless the length of the prisoner's eligibility for community 
        supervision pursuant to paragraph (5) is equivalent to or 
        greater than the length of the prisoner's remaining period of 
        prerelease custody.
            ``(13) Aliens subject to deportation.--If the prisoner is 
        an alien whose deportation was ordered as a condition of 
        supervised release or who is subject to a detainer filed by 
        Immigration and Customs Enforcement for the purposes of 
        determining the alien's deportability, the Director of the 
        Bureau of Prisons shall, upon the prisoner's transfer to 
        prerelease custody pursuant to paragraphs (1) and (2), deliver 
        the prisoner to United States Immigration and Customs 
        Enforcement for the purpose of conducting proceedings relating 
        to the alien's deportation.
            ``(14) Notice of transfer to prerelease custody.--
                    ``(A) In general.--The Director of the Bureau of 
                Prisons may not transfer a prisoner to prerelease 
                custody pursuant to paragraph (2) if the prisoner has 
                been sentenced to a term of incarceration of more than 
                3 years, unless the Director of the Bureau of Prisons 
                provides prior notice to the sentencing court and the 
                United States Attorney's Office for the district in 
                which the prisoner was sentenced.
                    ``(B) Time requirement.--The notice required under 
                subparagraph (A) shall be provided not later than 6 
                months before the date on which the prisoner is to be 
                transferred.
                    ``(C) Contents of notice.--The notice required 
                under subparagraph (A) shall include the following 
                information:
                            ``(i) The amount of credit earned pursuant 
                        to paragraph (2).
                            ``(ii) The anticipated date of the 
                        prisoner's transfer.
                            ``(iii) The nature of the prisoner's 
                        planned prerelease custody.
                            ``(iv) The prisoner's behavioral record.
                            ``(v) The most recent risk assessment of 
                        the prisoner.
                    ``(D) Hearing.--
                            ``(i) In general.--On motion of the 
                        Government, the sentencing court may conduct a 
                        hearing on the prisoner's transfer to 
                        prerelease custody.
                            ``(ii) Prisoner's presence.--The prisoner 
                        shall have the right to be present at a hearing 
                        described in clause (i), unless the prisoner 
                        waives such right. The requirement under this 
                        clause may be satisfied by the defendant 
                        appearing by video teleconference.
                            ``(iii) Motion.--A motion filed by the 
                        Government seeking a hearing--
                                    ``(I) shall set forth the basis for 
                                the Government's request that the 
                                prisoner's transfer be denied or 
                                modified pursuant to subparagraph (E); 
                                and
                                    ``(II) shall not require the Court 
                                to conduct a hearing described in 
                                clause (i).
                            ``(iv) Justice department review of 
                        transfers to prerelease custody.--If the 
                        Department of Justice does not seek a hearing 
                        under this subparagraph to deny or modify a 
                        prisoner's transfer to prerelease custody, the 
                        Department of Justice prior to such transfer 
                        shall make a determination to that effect in 
                        writing, including the reasons for that 
                        determination.
                    ``(E) Determination of the court.--The court may 
                deny the transfer of the prisoner to prerelease custody 
                or modify the terms of such transfer, if, after 
                conducting a hearing pursuant to subparagraph (D), the 
                court finds in writing, by a preponderance of the 
                evidence, that the transfer of the prisoner is 
                inconsistent with the factors specified in paragraphs 
                (2), (6), and (7) of section 3553(a).''.
    (b) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.

SEC. 205. REPORTS.

    (a) Annual Reports.--
            (1) Reports.--Not later than 1 year after the date of 
        enactment of this Act, and each year thereafter, the Attorney 
        General, in coordination with the Comptroller General of the 
        United States, shall submit to the appropriate committees of 
        Congress a report that contains the following:
                    (A) A summary of the activities and accomplishments 
                of the Attorney General in carrying out this title and 
                the amendments made by this title.
                    (B) An assessment of the status and use of the 
                Post-Sentencing Risk and Needs Assessment System 
                developed under section 3621A of title 18, United 
                States Code, as added by this title, by the Bureau of 
                Prisons, including the number of prisoners classified 
                at each risk level under the Post-Sentencing Risk and 
                Needs Assessment System at each facility of the Bureau 
                of Prisons.
                    (C) A summary and assessment of the types and 
                effectiveness of the recidivism reduction programs and 
                productive activities in facilities operated by the 
                Bureau of Prisons, including--
                            (i) evidence about which programs and 
                        activities have been shown to reduce 
                        recidivism;
                            (ii) the capacity of each program and 
                        activity at each facility, including the number 
                        of prisoners along with the risk level of each 
                        prisoner enrolled in each program and activity; 
                        and
                            (iii) identification of any problems or 
                        shortages in capacity of the programs and 
                        activities, and how those problems or shortages 
                        in capacity should be remedied.
                    (D) An assessment of budgetary savings resulting 
                from this Act and the amendments made by this Act, 
                including--
                            (i) a summary of the amount of savings 
                        resulting from the transfer of prisoners into 
                        prerelease custody under this title and the 
                        amendments made by this title, including 
                        savings resulting from the avoidance or 
                        deferral of future construction, acquisition, 
                        or operations costs;
                            (ii) a summary of the amount of savings 
                        resulting from any decrease in recidivism that 
                        may be attributed to the implementation of the 
                        Post-Sentencing Risk and Needs Assessment 
                        System or the increase in recidivism reduction 
                        programs and productive activities required by 
                        this title and the amendments made by this 
                        title;
                            (iii) a strategy to reinvest the savings 
                        described in clauses (i) and (ii) in other--
                                    (I) Federal, State, and local law 
                                enforcement activities; and
                                    (II) expansions of recidivism 
                                reduction programs and productive 
                                activities in the Bureau of Prisons; 
                                and
                            (iv) a description of how the reduced 
                        expenditures on Federal corrections and the 
                        budgetary savings resulting from this Act, and 
                        the amendments made by this Act, are currently 
                        being used and will be used to--
                                    (I) increase investment in law 
                                enforcement and crime prevention to 
                                combat gangs of national significance 
                                and high-level drug traffickers through 
                                the High Intensity Drug Trafficking 
                                Areas Program and other task forces;
                                    (II) hire, train, and equip law 
                                enforcement officers and prosecutors; 
                                and
                                    (III) promote crime reduction 
                                programs using evidence-based practices 
                                and strategic planning to help reduce 
                                crime and criminal recidivism.
            (2) Reinvestment of savings to fund public safety 
        programming.--
                    (A) In general.--Beginning in the first fiscal year 
                after the first report is submitted under paragraph 
                (1), and each fiscal year thereafter, the Attorney 
                General shall--
                            (i) determine the covered amount for the 
                        previous fiscal year in accordance with 
                        subparagraph (B); and
                            (ii) use an amount of funds appropriated to 
                        the Department of Justice that is not less than 
                        90 percent of the covered amount for the 
                        purposes described in subparagraph (C).
                    (B) Covered amount.--For purposes of this 
                paragraph, the term ``covered amount'' means, using the 
                most recent report submitted under paragraph (1), the 
                amount equal to the sum of--
                            (i) the amount described in clause (i) of 
                        paragraph (1)(D) for the fiscal year; and
                            (ii) the amount described in clause (ii) of 
                        paragraph (1)(D) for the fiscal year.
                    (C) Use of funds.--The funds described in 
                subparagraph (A)(ii) shall be used, consistent with 
                clause (iii) of paragraph (1)(D), to achieve each of 
                the following objectives:
                            (i) Ensure that, not later than 6 years 
                        after the date of enactment of this Act, 
                        recidivism reduction programs or productive 
                        activities are available to all eligible 
                        prisoners, as defined in section 3621(h)(8) of 
                        title 18, United States Code, as added by this 
                        title.
                            (ii) Ensure compliance with the resource 
                        needs of United States Probation and Pretrial 
                        Services resulting from an agreement under 
                        section 3624(c)(8) of title 18, United States 
                        Code, as added by this title.
                            (iii) Supplement funding for programs that 
                        increase public safety by providing resources 
                        to State and local law enforcement officials, 
                        including for the adoption of innovative 
                        technologies and information sharing 
                        capabilities.
    (b) Prison Work Programs Report.--Not later than 180 days after the 
date of enactment of this Act, the Attorney General shall submit to the 
appropriate committees of Congress a report on the status of prison 
work programs at facilities operated by the Bureau of Prisons, 
including--
            (1) a strategy to expand the availability of those programs 
        without reducing job opportunities for workers in the United 
        States who are not in the custody of the Bureau of Prisons;
            (2) an assessment of the feasibility of expanding those 
        programs, consistent with the strategy required under paragraph 
        (1), so that, not later than 5 years after the date of 
        enactment of this Act, not less than 75 percent of eligible 
        low-risk offenders have the opportunity to participate in a 
        prison work program for not less than 20 hours per week; and
            (3) a detailed discussion of legal authorities that would 
        be useful or necessary to achieve the goals described in 
        paragraphs (1) and (2).
    (c) Reporting on Recidivism Rates.--
            (1) In general.--Beginning 1 year after the date of 
        enactment of this Act, and each year thereafter, the Attorney 
        General, in consultation with the Administrative Office of the 
        United States Courts, shall report to the appropriate 
        committees of Congress on rates of recidivism among individuals 
        who have been released from Federal prison and who are under 
        judicial supervision.
            (2) Contents.--The report required under paragraph (1) 
        shall contain information on rates of recidivism among former 
        Federal prisoners, including information on rates of recidivism 
        among former Federal prisoners based on the following criteria:
                    (A) Primary offense charged.
                    (B) Length of sentence imposed and served.
                    (C) Bureau of Prisons facility or facilities in 
                which the prisoner's sentence was served.
                    (D) Recidivism reduction programming that the 
                prisoner successfully completed, if any.
                    (E) The prisoner's assessed risk of recidivism.
            (3) Assistance.--The Administrative Office of the United 
        States Courts shall provide to the Attorney General any 
        information in its possession that is necessary for the 
        completion of the report required under paragraph (1).
    (d) Reporting on Excluded Prisoners.--
            (1) Attorney general report.--Not later than 8 years after 
        the date of enactment of this Act, the Attorney General shall 
        submit to the appropriate committees of Congress a report on 
        the effectiveness of recidivism reduction programs and 
        productive activities offered to prisoners--
                    (A) described in section 3621(h)(6)(A)(iii) of 
                title 18, United States Code, as added by this title; 
                or
                    (B) ineligible for credit toward prerelease custody 
                under section 3624(c)(2) of title 18, United States 
                Code, as added by this title.
            (2) Congressional review.--Upon receipt of the report under 
        paragraph (1), the appropriate committees of Congress shall 
        review the effectiveness of different categories of incentives 
        in reducing recidivism.
    (e) Definition.--For purposes of this section, the term 
``appropriate committees of Congress'' means--
            (1) the Committee on the Judiciary and the Subcommittee on 
        Commerce, Justice, Science, and Related Agencies of the 
        Committee on Appropriations of the Senate; and
            (2) the Committee on the Judiciary and the Subcommittee on 
        Commerce, Justice, Science, and Related Agencies of the 
        Committee on Appropriations of the House of Representatives.

SEC. 206. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND PREVENT DRUG AND 
              ALCOHOL ABUSE AND DEPENDENCE.

    (a) Reentry and Recovery Planning.--
            (1) Presentence reports.--Section 3552 of title 18, United 
        States Code, is amended--
                    (A) by redesignating subsections (b), (c), and (d) 
                as subsections (c), (d), and (e), respectively;
                    (B) by inserting after subsection (a) the 
                following:
    ``(b) Reentry and Recovery Planning.--
            ``(1) In general.--In addition to the information required 
        by rule 32(d) of the Federal Rules of Criminal Procedure, the 
        report submitted pursuant to subsection (a) shall contain the 
        following information, unless such information is required to 
        be excluded pursuant to rule 32(d)(3) of the Federal Rules of 
        Criminal Procedure or except as provided in paragraph (2):
                    ``(A) Information about the defendant's history of 
                substance abuse and addiction, if applicable.
                    ``(B) Information about the defendant's service in 
                the Armed Forces of the United States and veteran 
                status, if applicable.
                    ``(C) A detailed plan, which shall include the 
                identification of programming provided by the Bureau of 
                Prisons that is appropriate for the defendant's needs, 
                that the probation officer determines will--
                            ``(i) reduce the likelihood the defendant 
                        will abuse drugs or alcohol if the defendant 
                        has a history of substance abuse;
                            ``(ii) reduce the defendant's likelihood of 
                        recidivism by addressing the defendant's 
                        specific recidivism risk factors; and
                            ``(iii) assist the defendant preparing for 
                        reentry into the community.
            ``(2) Exceptions.--The information described in paragraph 
        (1)(C)(iii) shall not be required to be included under 
        paragraph (1), in the discretion of the probation officer, if 
        the applicable sentencing range under the sentencing 
        guidelines, as determined by the probation officer, includes a 
        sentence of life imprisonment or a sentence of probation.'';
                    (C) in subsection (c), as redesignated, in the 
                first sentence, by striking ``subsection (a) or (c)'' 
                and inserting ``subsection (a) or (d)''; and
                    (D) in subsection (d), as redesignated, by striking 
                ``subsection (a) or (b)'' and inserting ``subsection 
                (a) or (c)''.
            (2) Technical and conforming amendment.--Section 3672 of 
        title 18, United States Code, is amended in the eighth 
        undesignated paragraph by striking ``subsection (b) or (c)'' 
        and inserting ``subsection (c) or (d)''.
    (b) Promoting Full Utilization of Residential Drug Treatment.--
Section 3621(e)(2) of title 18, United States Code, is amended by 
adding at the end the following:
                    ``(C) Commencement of treatment.--Not later than 3 
                years after the date of enactment of this subparagraph, 
                the Director of the Bureau of Prisons shall ensure that 
                each eligible prisoner has an opportunity to commence 
                participation in treatment under this subsection by 
                such date as is necessary to ensure that the prisoner 
                completes such treatment not later than 1 year before 
                the date on which the prisoner would otherwise be 
                released from custody prior to the application of any 
                reduction in sentence pursuant to this paragraph.
                    ``(D) Other credits.--The Director of the Bureau of 
                Prisons may, in the Director's discretion, reduce the 
                credit awarded under subsection (h)(6)(A) to a prisoner 
                who receives a reduction under subparagraph (B) of this 
                paragraph, but such reduction may not exceed one-half 
                the amount of the reduction awarded to the prisoner 
                under such subparagraph (B).''.
    (c) Supervised Release Pilot Program To Reduce Recidivism and 
Improve Recovery From Alcohol and Drug Abuse.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrative Office of the United 
        States Courts shall establish a recidivism reduction and 
        recovery enhancement pilot program (referred to in this 
        subsection as the ``pilot program''), premised on high-
        intensity supervision and the use of swift, predictable, and 
        graduated sanctions for noncompliance with program rules, in 
        Federal judicial districts selected by the Administrative 
        Office of the United States Courts in consultation with the 
        Attorney General.
            (2) Requirements of program.--Participation in the pilot 
        program shall be subject to the following requirements:
                    (A) Upon entry of participants into the pilot 
                program, the court shall notify the program 
                participants of the rules of the program and 
                consequences for violating such rules, including the 
                penalties to be imposed as a result of such violations 
                pursuant to subparagraph (E).
                    (B) Probation officers shall conduct regular drug 
                testing of all pilot program participants with a 
                history of substance abuse.
                    (C) If a probation officer determines that a 
                participant has violated a term of supervised release, 
                the officer shall notify the court within 24 hours of 
                such determination, absent good cause.
                    (D) As soon as is practicable, and not later than 7 
                days after the violation was reported by the probation 
                officer, absent good cause, the court shall conduct a 
                hearing on the alleged violation.
                    (E) If the court determines that a program 
                participant has violated a term of supervised release, 
                the court shall impose an appropriate sanction, which 
                may include the following, if appropriate:
                            (i) Modification of the terms of such 
                        participant's supervised release, which may 
                        include imposition of a period of home 
                        confinement.
                            (ii) Referral to appropriate substance 
                        abuse treatment.
                            (iii) Revocation of the participant's 
                        supervised release and the imposition of a 
                        sentence of incarceration that is no longer 
                        than necessary to punish the participant for 
                        such violation and deter the participant from 
                        committing future violations.
                            (iv) For participants who habitually fail 
                        to abide by program rules or pose a threat to 
                        public safety, termination from the program.
            (3) Status of participant if incarcerated.--
                    (A) In general.--If a program participant is 
                sentenced to incarceration as described in paragraph 
                (2)(E)(iii), the participant shall remain in the 
                program upon release from incarceration unless 
                terminated from the program under paragraph (2)(E)(iv).
                    (B) Policies for maintaining employment.--The 
                Bureau of Prisons, in consultation with the Chief 
                Probation Officers of the Federal judicial districts 
                selected for participation in the pilot program, shall 
                develop policies to enable program participants 
                sentenced to terms of incarceration as described in 
                paragraph (2)(E)(iii) to, where practicable, serve the 
                terms of incarceration while maintaining employment, 
                including allowing the terms of incarceration to be 
                served on weekends.
            (4) Advisory sentencing policies.--
                    (A) In general.--The United States Sentencing 
                Commission, in consultation with the Chief Probation 
                Officers, United States Attorneys, Federal Defenders, 
                and Chief Judges of the districts selected for 
                participation in the pilot program, shall establish 
                advisory sentencing policies to be used by the district 
                courts in imposing sentences of incarceration in 
                accordance with paragraph (2)(E)(iii).
                    (B) Requirement.--The advisory sentencing policies 
                established under subparagraph (A) shall be consistent 
                with the stated goal of the pilot program to impose 
                predictable and graduated sentences that are no longer 
                than necessary for violations of program rules.
            (5) Duration of program.--The pilot program shall continue 
        for not less than 5 years and may be extended for not more than 
        5 years by the Administrative Office of the United States 
        Courts.
            (6) Assessment of program outcomes and report to 
        congress.--
                    (A) In general.--Not later than 6 years after the 
                date of enactment of this Act, the Administrative 
                Office of the United States Courts shall conduct an 
                evaluation of the pilot program and submit to Congress 
                a report on the results of the evaluation.
                    (B) Contents.--The report required under 
                subparagraph (A) shall include--
                            (i) the rates of substance abuse among 
                        program participants;
                            (ii) the rates of violations of the terms 
                        of supervised release by program participants, 
                        and sanctions imposed;
                            (iii) information about employment of 
                        program participants;
                            (iv) a comparison of outcomes among program 
                        participants with outcomes among similarly 
                        situated individuals under the supervision of 
                        United States Probation and Pretrial Services 
                        not participating in the program; and
                            (v) an assessment of the effectiveness of 
                        each of the relevant features of the program.

SEC. 207. PROMOTING SUCCESSFUL REENTRY.

    (a) Federal Reentry Demonstration Projects.--
            (1) Evaluation of existing best practices for reentry.--Not 
        later than 2 years after the date of enactment of this Act, the 
        Attorney General, in consultation with the Administrative 
        Office of the United States Courts, shall--
                    (A) evaluate best practices used for the reentry 
                into society of individuals released from the custody 
                of the Bureau of Prisons, including by--
                            (i) examining reentry practices in Federal, 
                        State, and local justice systems; and
                            (ii) consulting with Federal, State, and 
                        local prosecutors, Federal, State, and local 
                        public defenders, nonprofit organizations that 
                        provide reentry services, and criminal justice 
                        experts; and
                    (B) submit to the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of the House 
                of Representatives a report that details the evaluation 
                conducted under subparagraph (A).
            (2) Creation of reentry demonstration projects.--Not later 
        than 3 years after the date of enactment of this Act, the 
        Attorney General, in consultation with the Administrative 
        Office of the United States Courts, shall, subject to the 
        availability of appropriations, select an appropriate number of 
        Federal judicial districts in which to conduct Federal reentry 
        demonstration projects using the best practices identified in 
        the evaluation conducted under paragraph (1), which may include 
        Federal judicial districts with existing reentry programs. The 
        Attorney General shall determine the appropriate number of 
        Federal judicial districts in which to conduct demonstration 
        projects under this paragraph.
            (3) Project design.--For each Federal judicial district 
        selected under paragraph (2), the United States Attorney, in 
        consultation with the Chief Judge, the Chief Federal Defender, 
        the Chief Probation Officer, the Bureau of Justice Assistance, 
        the National Institute of Justice, and criminal justice 
        experts, shall design a Federal reentry demonstration project 
        for the Federal judicial district in accordance with paragraph 
        (4).
            (4) Project elements.--A project designed under paragraph 
        (3) shall coordinate efforts by Federal agencies to assist 
        participating prisoners in preparing for and adjusting to 
        reentry into the community and may include, as appropriate--
                    (A) the use of community correctional facilities 
                and home confinement, as determined appropriate by the 
                Bureau of Prisons;
                    (B) a reentry review team for each prisoner to--
                            (i) develop a reentry plan specific to the 
                        needs of the prisoner; and
                            (ii) meet with the prisoner following 
                        transfer to monitor the reentry plan;
                    (C) steps to assist the prisoner in obtaining 
                health care, housing, and employment, before the 
                prisoner's release from a community correctional 
                facility or home confinement;
                    (D) regular drug testing for participants with a 
                history of substance abuse;
                    (E) substance abuse treatment, which may include 
                addiction treatment medication, if appropriate, medical 
                treatment, including mental health treatment, 
                occupational, vocational and educational training, 
                apprenticeships, life skills instruction, recovery 
                support, conflict resolution training, and other 
                programming to promote effective reintegration into the 
                community;
                    (F) the participation of volunteers to serve as 
                advisors and mentors to prisoners being released into 
                the community;
                    (G) steps to ensure that the prisoner makes 
                satisfactory progress toward satisfying any obligations 
                to victims of the prisoner's offense, including any 
                obligation to pay restitution; and
                    (H) the appointment of a reentry coordinator in the 
                United States Attorney's Office.
            (5) Review of project outcomes.--Not later than 5 years 
        after the date of enactment of this Act, the Administrative 
        Office of the United States Courts, in consultation with the 
        Attorney General, shall--
                    (A) evaluate the results from each Federal judicial 
                district selected under paragraph (2), including the 
                extent to which participating prisoners released from 
                the custody of the Bureau of Prisons were successfully 
                reintegrated into their communities, including whether 
                the participating prisoners maintained employment and 
                refrained from committing further offenses; and
                    (B) submit to the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of the House 
                of Representatives a report that contains--
                            (i) the evaluation of the best practices 
                        identified in the report required under 
                        paragraph (1); and
                            (ii) the results of the demonstration 
                        projects required under paragraph (2).
    (b) Study on the Impact of Reentry on Certain Communities.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Attorney General, in consultation 
        with the Administrative Office of the United States Courts, 
        shall submit to the Committee on the Judiciary of the Senate 
        and the Committee on the Judiciary of the House of 
        Representatives a report on the impact of reentry of prisoners 
        on communities in which a disproportionate number of 
        individuals reside upon release from incarceration.
            (2) Contents.--The report required under paragraph (1) 
        shall analyze the impact of reentry of individuals released 
        from both State and Federal correctional systems as well as 
        State and Federal juvenile justice systems, and shall include--
                    (A) an assessment of the reentry burdens borne by 
                local communities and local law enforcement agencies;
                    (B) a review of the resources available in such 
                communities to support successful reentry, including 
                resources provided by the Federal Government and State 
                and local governments, and the extent to which those 
                resources are used effectively; and
                    (C) recommendations to strengthen the resources in 
                such communities available to support successful 
                reentry and to lessen the burden placed on such 
                communities by the need to support reentry.
    (c) Facilitating Reentry Assistance to Veterans.--
            (1) In general.--Not later than 60 days after the date of 
        the commencement of a prisoner's sentence pursuant to section 
        3585(a) of title 18, United States Code, the Director of the 
        Bureau of Prisons shall notify the Secretary of Veterans 
        Affairs and the Secretary of Labor if the prisoner's 
        presentence report, prepared pursuant to section 3552 of title 
        18, United States Code, indicates that the prisoner has 
        previously served in the Armed Forces of the United States or 
        if the prisoner has so notified the Bureau of Prisons.
            (2) Post-commencement notice.--If a prisoner informs the 
        Bureau of Prisons of the prisoner's prior service in the Armed 
        Forces of the United States after the commencement of the 
        prisoner's sentence, the Director of the Bureau of Prisons 
        shall notify the Secretary of Veterans Affairs and the 
        Secretary of Labor not later than 60 days after the date on 
        which the prisoner provides such notice.
            (3) Contents of notice.--The notice provided by the 
        Director of the Bureau of Prisons to the Secretary of Veterans 
        Affairs and the Secretary of Labor under this subsection shall 
        include the identity of the prisoner, the facility in which the 
        prisoner is located, the prisoner's offense of conviction, and 
        the length of the prisoner's sentence.
            (4) Access to va and dol.--The Bureau of Prisons shall 
        provide the Department of Veterans Affairs and the Department 
        of Labor with reasonable access to any prisoner who has 
        previously served in the Armed Forces of the United States for 
        purposes of facilitating that prisoner's reentry.

SEC. 208. PAROLE FOR JUVENILES.

    (a) In General.--Chapter 403 of title 18, United States Code, is 
amended by inserting after section 5032 the following:
``Sec. 5032A. Modification of an imposed term of imprisonment for 
              violations of law committed prior to age 18
    ``(a) In General.--Notwithstanding any other provision of law, a 
court may reduce a term of imprisonment imposed upon a defendant 
convicted as an adult for an offense committed and completed before the 
defendant attained 18 years of age if--
            ``(1) the defendant has served not less than 20 years in 
        custody for the offense; and
            ``(2) the court finds, after considering the factors set 
        forth in subsection (c), that the defendant is not a danger to 
        the safety of any person or the community and that the 
        interests of justice warrant a sentence modification.
    ``(b) Supervised Release.--Any defendant whose sentence is reduced 
pursuant to subsection (a) shall be ordered to serve a period of 
supervised release of not less than 5 years following release from 
imprisonment. The conditions of supervised release and any modification 
or revocation of the term of supervise release shall be in accordance 
with section 3583.
    ``(c) Factors and Information To Be Considered in Determining 
Whether To Modify a Term of Imprisonment.--The court, in determining 
whether to reduce a term of imprisonment pursuant to subsection (a), 
shall consider--
            ``(1) the factors described in section 3553(a), including 
        the nature of the offense and the history and characteristics 
        of the defendant;
            ``(2) the age of the defendant at the time of the offense;
            ``(3) a report and recommendation of the Bureau of Prisons, 
        including information on whether the defendant has 
        substantially complied with the rules of each institution in 
        which the defendant has been confined and whether the defendant 
        has completed any educational, vocational, or other prison 
        program, where available;
            ``(4) a report and recommendation of the United States 
        attorney for any district in which an offense for which the 
        defendant is imprisoned was prosecuted;
            ``(5) whether the defendant has demonstrated maturity, 
        rehabilitation, and a fitness to reenter society sufficient to 
        justify a sentence reduction;
            ``(6) any statement, which may be presented orally or 
        otherwise, by any victim of an offense for which the defendant 
        is imprisoned or by a family member of the victim if the victim 
        is deceased;
            ``(7) any report from a physical, mental, or psychiatric 
        examination of the defendant conducted by a licensed health 
        care professional;
            ``(8) the family and community circumstances of the 
        defendant at the time of the offense, including any history of 
        abuse, trauma, or involvement in the child welfare system;
            ``(9) the extent of the role of the defendant in the 
        offense and whether, and to what extent, an adult was involved 
        in the offense;
            ``(10) the diminished culpability of juveniles as compared 
        to that of adults, and the hallmark features of youth, 
        including immaturity, impetuosity, and failure to appreciate 
        risks and consequences, which counsel against sentencing 
        juveniles to the otherwise applicable term of imprisonment; and
            ``(11) any other information the court determines relevant 
        to the decision of the court.
    ``(d) Limitation on Applications Pursuant to This Section.--
            ``(1) Second application.--Not earlier than 5 years after 
        the date on which an order entered by a court on an initial 
        application under this section becomes final, a court shall 
        entertain a second application by the same defendant under this 
        section.
            ``(2) Final application.--Not earlier than 5 years after 
        the date on which an order entered by a court on a second 
        application under paragraph (1) becomes final, a court shall 
        entertain a final application by the same defendant under this 
        section.
            ``(3) Prohibition.--A court may not entertain an 
        application filed after an application filed under paragraph 
        (2) by the same defendant.
    ``(e) Procedures.--
            ``(1) Notice.--The Bureau of Prisons shall provide written 
        notice of this section to--
                    ``(A) any defendant who has served not less than 19 
                years in prison for an offense committed and completed 
                before the defendant attained 18 years of age for which 
                the defendant was convicted as an adult; and
                    ``(B) the sentencing court, the United States 
                attorney, and the Federal Public Defender or Executive 
                Director of the Community Defender Organization for the 
                judicial district in which the sentence described in 
                subparagraph (A) was imposed.
            ``(2) Crime victims rights.--Upon receiving notice under 
        paragraph (1), the United States attorney shall provide any 
        notifications required under section 3771.
            ``(3) Application.--
                    ``(A) In general.--An application for a sentence 
                reduction under this section shall be filed as a motion 
                to reduce the sentence of the defendant and may include 
                affidavits or other written material.
                    ``(B) Requirement.--A motion to reduce a sentence 
                under this section shall be filed with the sentencing 
                court and a copy shall be served on the United States 
                attorney for the judicial district in which the 
                sentence was imposed.
            ``(4) Expanding the record; hearing.--
                    ``(A) Expanding the record.--After the filing of a 
                motion to reduce a sentence under this section, the 
                court may direct the parties to expand the record by 
                submitting additional written materials relating to the 
                motion.
                    ``(B) Hearing.--
                            ``(i) In general.--The court shall conduct 
                        a hearing on the motion, at which the defendant 
                        and counsel for the defendant shall be given 
                        the opportunity to be heard.
                            ``(ii) Evidence.--In a hearing under this 
                        section, the court may allow parties to present 
                        evidence.
                            ``(iii) Defendant's presence.--At a hearing 
                        under this section, the defendant shall be 
                        present unless the defendant waives the right 
                        to be present. The requirement under this 
                        clause may be satisfied by the defendant 
                        appearing by video teleconference.
                            ``(iv) Counsel.--A defendant who is unable 
                        to obtain counsel is entitled to have counsel 
                        appointed to represent the defendant for 
                        proceedings under this section, including any 
                        appeal, unless the defendant waives the right 
                        to counsel.
                            ``(v) Findings.--The court shall state in 
                        open court, and file in writing, the reasons 
                        for granting or denying a motion under this 
                        section.
                    ``(C) Appeal.--The Government or the defendant may 
                file a notice of appeal in the district court for 
                review of a final order under this section. The time 
                limit for filing such appeal shall be governed by rule 
                4(a) of the Federal Rules of Appellate Procedure.
    ``(f) Educational and Rehabilitative Programs.--A defendant who is 
convicted and sentenced as an adult for an offense committed and 
completed before the defendant attained 18 years of age may not be 
deprived of any educational, training, or rehabilitative program that 
is otherwise available to the general prison population.''.
    (b) Table of Sections.--The table of sections for chapter 403 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 5032 the following:

``5032A. Modification of an imposed term of imprisonment for violations 
                            of law committed prior to age 18.''.
    (c) Applicability.--The amendments made by this section shall apply 
to any conviction entered before, on, or after the date of enactment of 
this Act.

SEC. 209. COMPASSIONATE RELEASE INITIATIVE.

    Section 231(g) of the Second Chance Act of 2007 (34 U.S.C. 
60541(g)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``and eligible terminally ill 
                offenders'' after ``elderly offenders'' each place that 
                term appears; and
                    (B) in subparagraph (B), by inserting ``, upon 
                written request from either the Bureau of Prisons or an 
                eligible elderly offender or eligible terminally ill 
                offender'' after ``to home detention'';
            (2) in paragraph (2), by inserting ``or eligible terminally 
        ill offender'' after ``elderly offender'';
            (3) in paragraph (3), by striking ``and shall be carried 
        out during fiscal years 2009 and 2010'';
            (4) in paragraph (4)--
                    (A) by inserting ``or eligible terminally ill 
                offender'' after ``each eligible elderly offender''; 
                and
                    (B) by inserting ``and eligible terminally ill 
                offenders'' after ``eligible elderly offenders''; and
            (5) in paragraph (5)--
                    (A) in subparagraph (A)--
                            (i) in clause (i), by striking ``65 years'' 
                        and inserting ``60 years''; and
                            (ii) in clause (ii)--
                                    (I) by striking ``the greater of 10 
                                years or''; and
                                    (II) by striking ``75 percent'' and 
                                inserting ``\2/3\''; and
                    (B) by adding at the end the following:
                    ``(D) Eligible terminally ill offender.--The term 
                `eligible terminally ill offender' means an offender in 
                the custody of the Bureau of Prisons who--
                            ``(i) is serving a term of imprisonment 
                        based on conviction for an offense or offenses 
                        that do not include any crime of violence (as 
                        defined in section 16 of title 18, United 
                        States Code), sex offense (as defined in 
                        section 111(5) of the Sex Offender Registration 
                        and Notification Act (34 U.S.C. 20911(5))), 
                        offense described in section 2332b(g)(5)(B) of 
                        title 18, United States Code, or offense under 
                        chapter 37 of title 18, United States Code;
                            ``(ii) satisfies the criteria specified in 
                        clauses (iii) through (vii) of subparagraph 
                        (A); and
                            ``(iii) has been determined by a medical 
                        doctor approved by the Bureau of Prisons to 
                        be--
                                    ``(I) in need of care at a nursing 
                                home, intermediate care facility, or 
                                assisted living facility, as those 
                                terms are defined in section 232 of the 
                                National Housing Act (12 U.S.C. 1715w); 
                                or
                                    ``(II) diagnosed with a terminal 
                                illness.''.

SEC. 210. JUVENILE SEALING AND EXPUNGEMENT.

    (a) Purpose.--The purpose of this section is to--
            (1) protect children and adults against damage stemming 
        from their juvenile acts and subsequent juvenile delinquency 
        records, including law enforcement, arrest, and court records; 
        and
            (2) prevent the unauthorized use or disclosure of 
        confidential juvenile delinquency records and any potential 
        employment, financial, psychological, or other harm that would 
        result from such unauthorized use or disclosure.
    (b) Definitions.--Section 5031 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5031. Definitions
    ``In this chapter--
            ``(1) the term `adjudication' means a determination by a 
        judge that a person committed an act of juvenile delinquency;
            ``(2) the term `conviction' means a judgment or disposition 
        in criminal court against a person following a finding of guilt 
        by a judge or jury;
            ``(3) the term `destroy' means to render a file unreadable, 
        whether paper, electronic, or otherwise stored, by shredding, 
        pulverizing, pulping, incinerating, overwriting, reformatting 
        the media, or other means;
            ``(4) the term `expunge' means to destroy a record and 
        obliterate the name of the person to whom the record pertains 
        from each official index or public record;
            ``(5) the term `expungement hearing' means a hearing held 
        under section 5044(b)(2)(B);
            ``(6) the term `expungement petition' means a petition for 
        expungement filed under section 5044(b);
            ``(7) the term `high-risk, public trust position' means a 
        position designated as a public trust position under section 
        731.106(b) of title 5, Code of Federal Regulations, or any 
        successor regulation;
            ``(8) the term `juvenile' means--
                    ``(A) except as provided in subparagraph (B), a 
                person who has not attained the age of 18 years; and
                    ``(B) for the purpose of proceedings and 
                disposition under this chapter for an alleged act of 
                juvenile delinquency, a person who has not attained the 
                age of 21 years;
            ``(9) the term `juvenile delinquency' means the violation 
        of a law of the United States committed by a person before 
        attaining the age of 18 years which would have been a crime if 
        committed by an adult, or a violation by such a person of 
        section 922(x);
            ``(10) the term `juvenile nonviolent offense' means--
                    ``(A) in the case of an arrest or an adjudication 
                that is dismissed or finds the juvenile to be not 
                delinquent, an act of juvenile delinquency that is 
                not--
                            ``(i) a criminal homicide, forcible rape or 
                        any other sex offense (as defined in section 
                        111 of the Sex Offender Registration and 
                        Notification Act (34 U.S.C. 20911)), 
                        kidnapping, aggravated assault, robbery, 
                        burglary of an occupied structure, arson, or a 
                        drug trafficking crime in which a firearm was 
                        used; or
                            ``(ii) a Federal crime of terrorism (as 
                        defined in section 2332b(g)); and
                    ``(B) in the case of an adjudication that finds the 
                juvenile to be delinquent, an act of juvenile 
                delinquency that is not--
                            ``(i) described in clause (i) or (ii) of 
                        subparagraph (A); or
                            ``(ii) a misdemeanor crime of domestic 
                        violence (as defined in section 921(a)(33));
            ``(11) the term `juvenile record'--
                    ``(A) means a record maintained by a court, the 
                probation system, a law enforcement agency, or any 
                other government agency, of the juvenile delinquency 
                proceedings of a person;
                    ``(B) includes--
                            ``(i) a juvenile legal file, including a 
                        formal document such as a petition, notice, 
                        motion, legal memorandum, order, or decree;
                            ``(ii) a social record, including--
                                    ``(I) a record of a probation 
                                officer;
                                    ``(II) a record of any government 
                                agency that keeps records relating to 
                                juvenile delinquency;
                                    ``(III) a medical record;
                                    ``(IV) a psychiatric or 
                                psychological record;
                                    ``(V) a birth certificate;
                                    ``(VI) an education record, 
                                including an individualized education 
                                plan;
                                    ``(VII) a detention record;
                                    ``(VIII) demographic information 
                                that identifies a juvenile or the 
                                family of a juvenile; or
                                    ``(IX) any other record that 
                                includes personally identifiable 
                                information that may be associated with 
                                a juvenile delinquency proceeding, an 
                                act of juvenile delinquency, or an 
                                alleged act of juvenile delinquency; 
                                and
                            ``(iii) a law enforcement record, including 
                        a photograph or a State criminal justice 
                        information system record; and
                    ``(C) does not include--
                            ``(i) fingerprints; or
                            ``(ii) a DNA sample;
            ``(12) the term `petitioner' means a person who files an 
        expungement petition or a sealing petition;
            ``(13) the term `seal' means--
                    ``(A) to close a record from public viewing so that 
                the record cannot be examined except as otherwise 
                provided under section 5043; and
                    ``(B) to physically seal the record shut and label 
                the record `SEALED' or, in the case of an electronic 
                record, the substantive equivalent;
            ``(14) the term `sealing hearing' means a hearing held 
        under section 5043(b)(2)(B); and
            ``(15) the term `sealing petition' means a petition for a 
        sealing order filed under section 5043(b).''.
    (c) Confidentiality.--Section 5038 of title 18, United States Code, 
is amended--
            (1) in subsection (a), in the flush text following 
        paragraph (6), by inserting after ``bonding,'' the following: 
        ``participation in an educational system,''; and
            (2) in subsection (b), by striking ``District courts 
        exercising jurisdiction over any juvenile'' and inserting the 
        following: ``Not later than 7 days after the date on which a 
        district court exercises jurisdiction over a juvenile, the 
        district court''.
    (d) Sealing; Expungement.--
            (1) In general.--Chapter 403 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 5043. Sealing
    ``(a) Automatic Sealing of Nonviolent Offenses.--
            ``(1) In general.--Three years after the date on which a 
        person who is adjudicated delinquent under this chapter for a 
        juvenile nonviolent offense completes every term of probation, 
        official detention, or juvenile delinquent supervision ordered 
        by the court with respect to the offense, the court shall order 
        the sealing of each juvenile record or portion thereof that 
        relates to the offense if the person--
                    ``(A) has not been convicted of a crime or 
                adjudicated delinquent for an act of juvenile 
                delinquency since the date of the disposition; and
                    ``(B) is not engaged in active criminal court 
                proceedings or juvenile delinquency proceedings.
            ``(2) Automatic nature of sealing.--The order of sealing 
        under paragraph (1) shall require no action by the person whose 
        juvenile records are to be sealed.
            ``(3) Notice of automatic sealing.--A court that orders the 
        sealing of a juvenile record of a person under paragraph (1) 
        shall, in writing, inform the person of the sealing and the 
        benefits of sealing the record.
    ``(b) Petitioning for Early Sealing of Nonviolent Offenses.--
            ``(1) Right to file sealing petition.--
                    ``(A) In general.--During the 3-year period 
                beginning on the date on which a person who is 
                adjudicated delinquent under this chapter for a 
                juvenile nonviolent offense completes every term of 
                probation, official detention, or juvenile delinquent 
                supervision ordered by the court with respect to the 
                offense, the person may petition the court to seal the 
                juvenile records that relate to the offense unless the 
                person--
                            ``(i) has been convicted of a crime or 
                        adjudicated delinquent for an act of juvenile 
                        delinquency since the date of the disposition; 
                        or
                            ``(ii) is engaged in active criminal court 
                        proceedings or juvenile delinquency 
                        proceedings.
                    ``(B) Notice of opportunity to file petition.--If a 
                person is adjudicated delinquent for a juvenile 
                nonviolent offense, the court in which the person is 
                adjudicated delinquent shall, in writing, inform the 
                person of the potential eligibility of the person to 
                file a sealing petition with respect to the offense 
                upon completing every term of probation, official 
                detention, or juvenile delinquent supervision ordered 
                by the court with respect to the offense, and the 
                necessary procedures for filing the sealing petition--
                            ``(i) on the date on which the individual 
                        is adjudicated delinquent; and
                            ``(ii) on the date on which the individual 
                        has completed every term of probation, official 
                        detention, or juvenile delinquent supervision 
                        ordered by the court with respect to the 
                        offense.
            ``(2) Procedures.--
                    ``(A) Notification to prosecutor.--If a person 
                files a sealing petition with respect to a juvenile 
                nonviolent offense, the court in which the petition is 
                filed shall provide notice of the petition--
                            ``(i) to the Attorney General; and
                            ``(ii) upon the request of the petitioner, 
                        to any other individual that the petitioner 
                        determines may testify as to--
                                    ``(I) the conduct of the petitioner 
                                since the date of the offense; or
                                    ``(II) the reasons that the sealing 
                                order should be entered.
                    ``(B) Hearing.--
                            ``(i) In general.--If a person files a 
                        sealing petition, the court shall--
                                    ``(I) except as provided in clause 
                                (iii), conduct a hearing in accordance 
                                with clause (ii); and
                                    ``(II) determine whether to enter a 
                                sealing order for the person in 
                                accordance with subparagraph (C).
                            ``(ii) Opportunity to testify and offer 
                        evidence.--
                                    ``(I) Petitioner.--The petitioner 
                                may testify or offer evidence at the 
                                sealing hearing in support of sealing.
                                    ``(II) Prosecutor.--The Attorney 
                                General may send a representative to 
                                testify or offer evidence at the 
                                sealing hearing in support of or 
                                against sealing.
                                    ``(III) Other individuals.--An 
                                individual who receives notice under 
                                subparagraph (A)(ii) may testify or 
                                offer evidence at the sealing hearing 
                                as to the issues described in 
                                subclauses (I) and (II) of that 
                                subparagraph.
                            ``(iii) Waiver of hearing.--If the 
                        petitioner and the Attorney General so agree, 
                        the court shall make a determination under 
                        subparagraph (C) without a hearing.
                    ``(C) Basis for decision.--The court shall 
                determine whether to grant the sealing petition after 
                considering--
                            ``(i) the sealing petition and any 
                        documents in the possession of the court;
                            ``(ii) all the evidence and testimony 
                        presented at the sealing hearing, if such a 
                        hearing is conducted;
                            ``(iii) the best interests of the 
                        petitioner;
                            ``(iv) the age of the petitioner during his 
                        or her contact with the court or any law 
                        enforcement agency;
                            ``(v) the nature of the juvenile nonviolent 
                        offense;
                            ``(vi) the disposition of the case;
                            ``(vii) the manner in which the petitioner 
                        participated in any court-ordered 
                        rehabilitative programming or supervised 
                        services;
                            ``(viii) the length of the time period 
                        during which the petitioner has been without 
                        contact with any court or law enforcement 
                        agency;
                            ``(ix) whether the petitioner has had any 
                        criminal or juvenile delinquency involvement 
                        since the disposition of the juvenile 
                        delinquency proceeding; and
                            ``(x) the adverse consequences the 
                        petitioner may suffer if the petition is not 
                        granted.
                    ``(D) Waiting period after denial.--If the court 
                denies a sealing petition, the petitioner may not file 
                a new sealing petition with respect to the same 
                juvenile nonviolent offense until the date that is 2 
                years after the date of the denial.
                    ``(E) Universal form.--The Director of the 
                Administrative Office of the United States Courts shall 
                create a universal form, available over the Internet 
                and in paper form, that an individual may use to file a 
                sealing petition.
                    ``(F) No fee for indigent petitioners.--If the 
                court determines that the petitioner is indigent, there 
                shall be no cost for filing a sealing petition.
                    ``(G) Reporting.--Not later than 2 years after the 
                date of enactment of this section, and each year 
                thereafter, the Director of the Administrative Office 
                of the United States Courts shall issue a public report 
                that--
                            ``(i) describes--
                                    ``(I) the number of sealing 
                                petitions granted and denied under this 
                                subsection; and
                                    ``(II) the number of instances in 
                                which the Attorney General supported or 
                                opposed a sealing petition;
                            ``(ii) includes any supporting data that 
                        the Director determines relevant and that does 
                        not name any petitioner; and
                            ``(iii) disaggregates all relevant data by 
                        race, ethnicity, gender, and the nature of the 
                        offense.
                    ``(H) Public defender eligibility.--
                            ``(i) Petitioners under age 18.--The 
                        district court shall appoint counsel in 
                        accordance with the plan of the district court 
                        in operation under section 3006A to represent a 
                        petitioner for purposes of this subsection if 
                        the petitioner is less than 18 years of age.
                            ``(ii) Petitioners age 18 and older.--
                                    ``(I) Discretion of court.--In the 
                                case of a petitioner who is not less 
                                than 18 years of age, the district 
                                court may, in its discretion, appoint 
                                counsel in accordance with the plan of 
                                the district court in operation under 
                                section 3006A to represent the 
                                petitioner for purposes of this 
                                subsection.
                                    ``(II) Considerations.--In 
                                determining whether to appoint counsel 
                                under subclause (I), the court shall 
                                consider--
                                            ``(aa) the anticipated 
                                        complexity of the sealing 
                                        hearing, including the number 
                                        and type of witnesses called to 
                                        advocate against the sealing of 
                                        the records of the petitioner; 
                                        and
                                            ``(bb) the potential for 
                                        adverse testimony by a victim 
                                        or a representative of the 
                                        Attorney General.
    ``(c) Effect of Sealing Order.--
            ``(1) Protection from disclosure.--Except as provided in 
        paragraphs (3) and (4), if a court orders the sealing of a 
        juvenile record of a person under subsection (a) or (b) with 
        respect to a juvenile nonviolent offense, the proceedings in 
        the case shall be deemed never to have occurred, and the person 
        may properly reply accordingly to any inquiry about the events 
        the records of which are ordered sealed.
            ``(2) Verification of sealing.--If a court orders the 
        sealing of a juvenile record under subsection (a) or (b) with 
        respect to a juvenile nonviolent offense, the court shall--
                    ``(A) send a copy of the sealing order to each 
                entity or person known to the court that possesses a 
                record relating to the offense, including each--
                            ``(i) law enforcement agency; and
                            ``(ii) public or private correctional or 
                        detention facility;
                    ``(B) in the sealing order, require each entity or 
                person described in subparagraph (A) to--
                            ``(i) seal the record; and
                            ``(ii) submit a written certification to 
                        the court, under penalty of perjury, that the 
                        entity or person has sealed each paper and 
                        electronic copy of the record;
                    ``(C) seal each paper and electronic copy of the 
                record in the possession of the court; and
                    ``(D) after receiving a written certification from 
                each entity or person under subparagraph (B)(ii), 
                notify the petitioner that each entity or person 
                described in subparagraph (A) has sealed each paper and 
                electronic copy of the record.
            ``(3) Law enforcement access to sealed records.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a law enforcement agency may access a 
                sealed juvenile record in the possession of the agency 
                or another law enforcement agency solely--
                            ``(i) to determine whether the person who 
                        is the subject of the record is a nonviolent 
                        offender eligible for a first-time-offender 
                        diversion program;
                            ``(ii) for investigatory or prosecutorial 
                        purposes; or
                            ``(iii) for a background check that relates 
                        to--
                                    ``(I) law enforcement employment; 
                                or
                                    ``(II) any position that a Federal 
                                agency designates as a--
                                            ``(aa) national security 
                                        position; or
                                            ``(bb) high-risk, public 
                                        trust position.
                    ``(B) Transition period.--During the 1-year period 
                beginning on the date on which a court orders the 
                sealing of a juvenile record under this section, a law 
                enforcement agency may, for law enforcement purposes, 
                access the record if it is in the possession of the 
                agency or another law enforcement agency.
            ``(4) Prohibition on disclosure.--
                    ``(A) Prohibition.--Except as provided in 
                subparagraph (C), it shall be unlawful to intentionally 
                make or attempt to make an unauthorized disclosure of 
                any information from a sealed juvenile record in 
                violation of this section.
                    ``(B) Penalty.--Any person who violates 
                subparagraph (A) shall be fined under this title, 
                imprisoned for not more than 1 year, or both.
                    ``(C) Exceptions.--
                            ``(i) Background checks.--In the case of a 
                        background check for law enforcement employment 
                        or for any employment that requires a 
                        government security clearance--
                                    ``(I) a person who is the subject 
                                of a juvenile record sealed under this 
                                section shall disclose the contents of 
                                the record; and
                                    ``(II) a law enforcement agency 
                                that possesses a juvenile record sealed 
                                under this section--
                                            ``(aa) may disclose the 
                                        contents of the record; and
                                            ``(bb) if the agency 
                                        obtains or is subject to a 
                                        court order authorizing 
                                        disclosure of the record, may 
                                        disclose the record.
                            ``(ii) Disclosure to armed forces.--A 
                        person, including a law enforcement agency that 
                        possesses a juvenile record sealed under this 
                        section, may disclose information from a 
                        juvenile record sealed under this section to 
                        the Secretaries of the military departments (or 
                        the Secretary of Homeland Security with respect 
                        to the Coast Guard when it is not operating as 
                        a service in the Navy) for the purpose of 
                        vetting an enlistment or commission, or with 
                        regard to any member of the Armed Forces.
                            ``(iii) Criminal and juvenile 
                        proceedings.--A prosecutor or other law 
                        enforcement officer may disclose information 
                        from a juvenile record sealed under this 
                        section, and a person who is the subject of a 
                        juvenile record sealed under this section may 
                        be required to testify or otherwise disclose 
                        information about the record, in a criminal or 
                        other proceeding if such disclosure is required 
                        by the Constitution of the United States, the 
                        constitution of a State, or a Federal or State 
                        statute or rule.
                            ``(iv) Authorization for person to disclose 
                        own record.--A person who is the subject of a 
                        juvenile record sealed under this section may 
                        choose to disclose the record.
    ``(d) Limitation Relating to Subsequent Incidents.--
            ``(1) After filing and before petition granted.--If, after 
        the date on which a person files a sealing petition with 
        respect to a juvenile offense and before the court determines 
        whether to grant the petition, the person is convicted of a 
        crime, adjudicated delinquent for an act of juvenile 
        delinquency, or engaged in active criminal court proceedings or 
        juvenile delinquency proceedings, the court shall deny the 
        petition.
            ``(2) After petition granted.--If, on or after the date on 
        which a court orders the sealing of a juvenile record of a 
        person under subsection (b), the person is convicted of a crime 
        or adjudicated delinquent for an act of juvenile delinquency--
                    ``(A) the court shall--
                            ``(i) vacate the order; and
                            ``(ii) notify the person who is the subject 
                        of the juvenile record, and each entity or 
                        person described in subsection (c)(2)(A), that 
                        the order has been vacated; and
                    ``(B) the record shall no longer be sealed.
    ``(e) Inclusion of State Juvenile Delinquency Adjudications and 
Proceedings.--For purposes of subparagraphs (A) and (B) of subsection 
(a)(1), clauses (i) and (ii) of subsection (b)(1)(A), subsection 
(b)(1)(C)(ix), and paragraphs (1) and (2) of subsection (d), the term 
`juvenile delinquency' includes the violation of a law of a State 
committed by a person before attaining the age of 18 years which would 
have been a crime if committed by an adult.
``Sec. 5044. Expungement
    ``(a) Automatic Expungement of Certain Records.--
            ``(1) Attorney general motion.--
                    ``(A) Nonviolent offenses committed before a person 
                turned 15.--If a person is adjudicated delinquent under 
                this chapter for a juvenile nonviolent offense 
                committed before the person attained 15 years of age 
                and completes every term of probation, official 
                detention, or juvenile delinquent supervision ordered 
                by the court with respect to the offense before 
                attaining 18 years of age, on the date on which the 
                person attains 18 years of age, the Attorney General 
                shall file a motion in the district court of the United 
                States in which the person was adjudicated delinquent 
                requesting that each juvenile record of the person that 
                relates to the offense be expunged.
                    ``(B) Arrests.--If a juvenile is arrested by a 
                Federal law enforcement agency for a juvenile 
                nonviolent offense for which a juvenile delinquency 
                proceeding is not instituted under this chapter, and 
                for which the United States does not proceed against 
                the juvenile as an adult in a district court of the 
                United States, the Attorney General shall file a motion 
                in the district court of the United States that would 
                have had jurisdiction of the proceeding requesting that 
                each juvenile record relating to the arrest be 
                expunged.
                    ``(C) Expungement order.--Upon the filing of a 
                motion in a district court of the United States with 
                respect to a juvenile nonviolent offense under 
                subparagraph (A) or an arrest for a juvenile nonviolent 
                offense under subparagraph (B), the court shall grant 
                the motion and order that each juvenile record relating 
                to the offense or arrest, as applicable, be expunged.
            ``(2) Dismissed cases.--If a district court of the United 
        States dismisses an information with respect to a juvenile 
        under this chapter or finds a juvenile not to be delinquent in 
        a juvenile delinquency proceeding under this chapter, the court 
        shall concurrently order that each juvenile record relating to 
        the applicable proceeding be expunged.
            ``(3) Automatic nature of expungement.--An order of 
        expungement under paragraph (1)(C) or (2) shall not require any 
        action by the person whose records are to be expunged.
            ``(4) Notice of automatic expungement.--A court that orders 
        the expungement of a juvenile record of a person under 
        paragraph (1)(C) or (2) shall, in writing, inform the person of 
        the expungement and the benefits of expunging the record.
    ``(b) Petitioning for Expungement of Nonviolent Offenses.--
            ``(1) In general.--A person who is adjudicated delinquent 
        under this chapter for a juvenile nonviolent offense committed 
        on or after the date on which the person attained 15 years of 
        age may petition the court in which the proceeding took place 
        to order the expungement of the juvenile record that relates to 
        the offense unless the person--
                    ``(A) has been convicted of a crime or adjudicated 
                delinquent for an act of juvenile delinquency since the 
                date of the disposition;
                    ``(B) is engaged in active criminal court 
                proceedings or juvenile delinquency proceedings; or
                    ``(C) has had not less than 2 adjudications of 
                delinquency previously expunged under this section.
            ``(2) Procedures.--
                    ``(A) Notification of prosecutor and victims.--If a 
                person files an expungement petition with respect to a 
                juvenile nonviolent offense, the court in which the 
                petition is filed shall provide notice of the 
                petition--
                            ``(i) to the Attorney General; and
                            ``(ii) upon the request of the petitioner, 
                        to any other individual that the petitioner 
                        determines may testify as to--
                                    ``(I) the conduct of the petitioner 
                                since the date of the offense; or
                                    ``(II) the reasons that the 
                                expungement order should be entered.
                    ``(B) Hearing.--
                            ``(i) In general.--If a person files an 
                        expungement petition, the court shall--
                                    ``(I) except as provided in clause 
                                (iii), conduct a hearing in accordance 
                                with clause (ii); and
                                    ``(II) determine whether to enter 
                                an expungement order for the person in 
                                accordance with subparagraph (C).
                            ``(ii) Opportunity to testify and offer 
                        evidence.--
                                    ``(I) Petitioner.--The petitioner 
                                may testify or offer evidence at the 
                                expungement hearing in support of 
                                expungement.
                                    ``(II) Prosecutor.--The Attorney 
                                General may send a representative to 
                                testify or offer evidence at the 
                                expungement hearing in support of or 
                                against expungement.
                                    ``(III) Other individuals.--An 
                                individual who receives notice under 
                                subparagraph (A)(ii) may testify or 
                                offer evidence at the expungement 
                                hearing as to the issues described in 
                                subclauses (I) and (II) of that 
                                subparagraph.
                            ``(iii) Waiver of hearing.--If the 
                        petitioner and the Attorney General so agree, 
                        the court shall make a determination under 
                        subparagraph (C) without a hearing.
                    ``(C) Basis for decision.--The court shall 
                determine whether to grant an expungement petition 
                after considering--
                            ``(i) the petition and any documents in the 
                        possession of the court;
                            ``(ii) all the evidence and testimony 
                        presented at the expungement hearing, if such a 
                        hearing is conducted;
                            ``(iii) the best interests of the 
                        petitioner;
                            ``(iv) the age of the petitioner during his 
                        or her contact with the court or any law 
                        enforcement agency;
                            ``(v) the nature of the juvenile nonviolent 
                        offense;
                            ``(vi) the disposition of the case;
                            ``(vii) the manner in which the petitioner 
                        participated in any court-ordered 
                        rehabilitative programming or supervised 
                        services;
                            ``(viii) the length of the time period 
                        during which the petitioner has been without 
                        contact with any court or any law enforcement 
                        agency;
                            ``(ix) whether the petitioner has had any 
                        criminal or juvenile delinquency involvement 
                        since the disposition of the juvenile 
                        delinquency proceeding; and
                            ``(x) the adverse consequences the 
                        petitioner may suffer if the petition is not 
                        granted.
                    ``(D) Waiting period after denial.--If the court 
                denies an expungement petition, the petitioner may not 
                file a new expungement petition with respect to the 
                same offense until the date that is 2 years after the 
                date of the denial.
                    ``(E) Universal form.--The Director of the 
                Administrative Office of the United States Courts shall 
                create a universal form, available over the Internet 
                and in paper form, that an individual may use to file 
                an expungement petition.
                    ``(F) No fee for indigent petitioners.--If the 
                court determines that the petitioner is indigent, there 
                shall be no cost for filing an expungement petition.
                    ``(G) Reporting.--Not later than 2 years after the 
                date of enactment of this section, and each year 
                thereafter, the Director of the Administrative Office 
                of the United States Courts shall issue a public report 
                that--
                            ``(i) describes--
                                    ``(I) the number of expungement 
                                petitions granted and denied under this 
                                subsection; and
                                    ``(II) the number of instances in 
                                which the Attorney General supported or 
                                opposed an expungement petition;
                            ``(ii) includes any supporting data that 
                        the Director determines relevant and that does 
                        not name any petitioner; and
                            ``(iii) disaggregates all relevant data by 
                        race, ethnicity, gender, and the nature of the 
                        offense.
                    ``(H) Public defender eligibility.--
                            ``(i) Petitioners under age 18.--The 
                        district court shall appoint counsel in 
                        accordance with the plan of the district court 
                        in operation under section 3006A to represent a 
                        petitioner for purposes of this subsection if 
                        the petitioner is less than 18 years of age.
                            ``(ii) Petitioners age 18 and older.--
                                    ``(I) Discretion of court.--In the 
                                case of a petitioner who is not less 
                                than 18 years of age, the district 
                                court may, in its discretion, appoint 
                                counsel in accordance with the plan of 
                                the district court in operation under 
                                section 3006A to represent the 
                                petitioner for purposes of this 
                                subsection.
                                    ``(II) Considerations.--In 
                                determining whether to appoint counsel 
                                under subclause (I), the court shall 
                                consider--
                                            ``(aa) the anticipated 
                                        complexity of the expungement 
                                        hearing, including the number 
                                        and type of witnesses called to 
                                        advocate against the 
                                        expungement of the records of 
                                        the petitioner; and
                                            ``(bb) the potential for 
                                        adverse testimony by a victim 
                                        or a representative of the 
                                        Attorney General.
    ``(c) Effect of Expunged Juvenile Record.--
            ``(1) Protection from disclosure.--Except as provided in 
        paragraphs (4) through (8), if a court orders the expungement 
        of a juvenile record of a person under subsection (a) or (b) 
        with respect to a juvenile nonviolent offense, the proceedings 
        in the case shall be deemed never to have occurred, and the 
        person may properly reply accordingly to any inquiry about the 
        events the records of which are ordered expunged.
            ``(2) Verification of expungement.--If a court orders the 
        expungement of a juvenile record under subsection (a) or (b) 
        with respect to a juvenile nonviolent offense, the court 
        shall--
                    ``(A) send a copy of the expungement order to each 
                entity or person known to the court that possesses a 
                record relating to the offense, including each--
                            ``(i) law enforcement agency; and
                            ``(ii) public or private correctional or 
                        detention facility;
                    ``(B) in the expungement order--
                            ``(i) require each entity or person 
                        described in subparagraph (A) to--
                                    ``(I) seal the record for 1 year 
                                and, during that 1-year period, apply 
                                paragraphs (3) and (4) of section 
                                5043(c) with respect to the record;
                                    ``(II) on the date that is 1 year 
                                after the date of the order, destroy 
                                the record unless a subsequent incident 
                                described in subsection (d)(2) occurs; 
                                and
                                    ``(III) submit a written 
                                certification to the court, under 
                                penalty of perjury, that the entity or 
                                person has destroyed each paper and 
                                electronic copy of the record; and
                            ``(ii) explain that if a subsequent 
                        incident described in subsection (d)(2) occurs, 
                        the order shall be vacated and the record shall 
                        no longer be sealed;
                    ``(C) on the date that is 1 year after the date of 
                the order, destroy each paper and electronic copy of 
                the record in the possession of the court unless a 
                subsequent incident described in subsection (d)(2) 
                occurs; and
                    ``(D) after receiving a written certification from 
                each entity or person under subparagraph (B)(i)(III), 
                notify the petitioner that each entity or person 
                described in subparagraph (A) has destroyed each paper 
                and electronic copy of the record.
            ``(3) Reply to inquiries.--On and after the date that is 1 
        year after the date on which a court orders the expungement of 
        a juvenile record of a person under this section, in the case 
        of an inquiry relating to the juvenile record, the court, each 
        law enforcement officer, any agency that provided treatment or 
        rehabilitation services to the person, and the person (except 
        as provided in paragraphs (4) through (8)) shall reply to the 
        inquiry that no such juvenile record exists.
            ``(4) Civil actions.--
                    ``(A) In general.--On and after the date on which a 
                court orders the expungement of a juvenile record of a 
                person under this section, if the person brings an 
                action against a law enforcement agency that arrested, 
                or participated in the arrest of, the person for the 
                offense to which the record relates, or against the 
                State or political subdivision of a State of which the 
                law enforcement agency is an agency, in which the 
                contents of the record are relevant to the resolution 
                of the issues presented in the action, there shall be a 
                rebuttable presumption that the defendant has a 
                complete defense to the action.
                    ``(B) Showing by plaintiff.--In an action described 
                in subparagraph (A), the plaintiff may rebut the 
                presumption of a complete defense by showing that the 
                contents of the expunged record would not prevent the 
                defendant from being held liable.
                    ``(C) Duty to testify as to existence of record.--
                The court in which an action described in subparagraph 
                (A) is filed may require the plaintiff to state under 
                oath whether the plaintiff had a juvenile record and 
                whether the record was expunged.
                    ``(D) Proof of existence of juvenile record.--If 
                the plaintiff in an action described in subparagraph 
                (A) denies the existence of a juvenile record, the 
                defendant may prove the existence of the record in any 
                manner compatible with the applicable laws of evidence.
            ``(5) Criminal and juvenile proceedings.--On and after the 
        date that is 1 year after the date on which a court orders the 
        expungement of a juvenile record under this section, a 
        prosecutor or other law enforcement officer may disclose 
        underlying information from the juvenile record, and the person 
        who is the subject of the juvenile record may be required to 
        testify or otherwise disclose information about the record, in 
        a criminal or other proceeding if such disclosure is required 
        by the Constitution of the United States, the constitution of a 
        State, or a Federal or State statute or rule.
            ``(6) Background checks.--On and after the date that is 1 
        year after the date on which a court orders the expungement of 
        a juvenile record under this section, in the case of a 
        background check for law enforcement employment or for any 
        employment that requires a government security clearance, the 
        person who is the subject of the juvenile record may be 
        required to disclose underlying information from the record.
            ``(7) Disclosure to armed forces.--On and after the date 
        that is 1 year after the date on which a court orders the 
        expungement of a juvenile record under this section, a person, 
        including a law enforcement agency that possessed such a 
        juvenile record, may be required to disclose underlying 
        information from the record to the Secretaries of the military 
        departments (or the Secretary of Homeland Security with respect 
        to the Coast Guard when it is not operating as a service in the 
        Navy) for the purpose of vetting an enlistment or commission, 
        or with regard to any member of the Armed Forces.
            ``(8) Authorization for person to disclose own record.--A 
        person who is the subject of a juvenile record expunged under 
        this section may choose to disclose the record.
            ``(9) Treatment as sealed record during transition 
        period.--During the 1-year period beginning on the date on 
        which a court orders the expungement of a juvenile record under 
        this section, paragraphs (3) and (4) of section 5043(c) shall 
        apply with respect to the record as if the record had been 
        sealed under that section.
    ``(d) Limitation Relating to Subsequent Incidents.--
            ``(1) After filing and before petition granted.--If, after 
        the date on which a person files an expungement petition with 
        respect to a juvenile offense and before the court determines 
        whether to grant the petition, the person is convicted of a 
        crime, adjudicated delinquent for an act of juvenile 
        delinquency, or engaged in active criminal court proceedings or 
        juvenile delinquency proceedings, the court shall deny the 
        petition.
            ``(2) After petition granted.--If, on or after the date on 
        which a court orders the expungement of a juvenile record of a 
        person under subsection (b), the person is convicted of a 
        crime, adjudicated delinquent for an act of juvenile 
        delinquency, or engaged in active criminal court proceedings or 
        juvenile delinquency proceedings--
                    ``(A) the court that ordered the expungement 
                shall--
                            ``(i) vacate the order; and
                            ``(ii) notify the person who is the subject 
                        of the juvenile record, and each entity or 
                        person described in subsection (c)(2)(A), that 
                        the order has been vacated; and
                    ``(B) the record--
                            ``(i) shall not be expunged; or
                            ``(ii) if the record has been expunged 
                        because 1 year has elapsed since the date of 
                        the expungement order, shall not be treated as 
                        having been expunged.
    ``(e) Inclusion of State Juvenile Delinquency Adjudications and 
Proceedings.--For purposes of subparagraphs (A), (B), and (C)(ix) of 
subsection (b)(1) and paragraphs (1) and (2) of subsection (d), the 
term `juvenile delinquency' includes the violation of a law of a State 
committed by a person before attaining the age of 18 years which would 
have been a crime if committed by an adult.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 403 of title 18, United States Code, is 
        amended by adding at the end the following:

``5043. Sealing.
``5044. Expungement.''.
            (3) Applicability.--Sections 5043 and 5044 of title 18, 
        United States Code, as added by paragraph (1), shall apply with 
        respect to a juvenile nonviolent offense (as defined in section 
        5031 of such title, as amended by subsection (b)) that is 
        committed or alleged to have been committed before, on, or 
        after the date of enactment of this Act.
    (e) Rule of Construction.--Nothing in the amendments made by this 
section shall be construed to authorize the sealing or expungement of a 
record of a criminal conviction of a juvenile who was proceeded against 
as an adult in a district court of the United States.

SEC. 211. JUVENILE SOLITARY CONFINEMENT.

    (a) In General.--Chapter 403 of title 18, United States Code, as 
amended by section 210, is amended by adding at the end the following:
``Sec. 5045. Juvenile solitary confinement
    ``(a) Definitions.--In this section--
            ``(1) the term `covered juvenile' means--
                    ``(A) a juvenile who--
                            ``(i) is being proceeded against under this 
                        chapter for an alleged act of juvenile 
                        delinquency; or
                            ``(ii) has been adjudicated delinquent 
                        under this chapter; or
                    ``(B) a juvenile who is being proceeded against as 
                an adult in a district court of the United States for 
                an alleged criminal offense;
            ``(2) the term `juvenile facility' means any facility where 
        covered juveniles are--
                    ``(A) committed pursuant to an adjudication of 
                delinquency under this chapter; or
                    ``(B) detained prior to disposition or conviction; 
                and
            ``(3) the term `room confinement' means the involuntary 
        placement of a covered juvenile alone in a cell, room, or other 
        area for any reason.
    ``(b) Prohibition on Room Confinement in Juvenile Facilities.--
            ``(1) In general.--The use of room confinement at a 
        juvenile facility for discipline, punishment, retaliation, or 
        any reason other than as a temporary response to a covered 
        juvenile's behavior that poses a serious and immediate risk of 
        physical harm to any individual, including the covered 
        juvenile, is prohibited.
            ``(2) Juveniles posing risk of harm.--
                    ``(A) Requirement to use least restrictive 
                techniques.--
                            ``(i) In general.--Before a staff member of 
                        a juvenile facility places a covered juvenile 
                        in room confinement, the staff member shall 
                        attempt to use less restrictive techniques, 
                        including--
                                    ``(I) talking with the covered 
                                juvenile in an attempt to de-escalate 
                                the situation; and
                                    ``(II) permitting a qualified 
                                mental health professional to talk to 
                                the covered juvenile.
                            ``(ii) Explanation.--If, after attempting 
                        to use less restrictive techniques as required 
                        under clause (i), a staff member of a juvenile 
                        facility decides to place a covered juvenile in 
                        room confinement, the staff member shall 
                        first--
                                    ``(I) explain to the covered 
                                juvenile the reasons for the room 
                                confinement; and
                                    ``(II) inform the covered juvenile 
                                that release from room confinement will 
                                occur--
                                            ``(aa) immediately when the 
                                        covered juvenile regains self-
                                        control, as described in 
                                        subparagraph (B)(i); or
                                            ``(bb) not later than after 
                                        the expiration of the time 
                                        period described in subclause 
                                        (I) or (II) of subparagraph 
                                        (B)(ii), as applicable.
                    ``(B) Maximum period of confinement.--If a covered 
                juvenile is placed in room confinement because the 
                covered juvenile poses a serious and immediate risk of 
                physical harm to himself or herself, or to others, the 
                covered juvenile shall be released--
                            ``(i) immediately when the covered juvenile 
                        has sufficiently gained control so as to no 
                        longer engage in behavior that threatens 
                        serious and immediate risk of physical harm to 
                        himself or herself, or to others; or
                            ``(ii) if a covered juvenile does not 
                        sufficiently gain control as described in 
                        clause (i), not later than--
                                    ``(I) 3 hours after being placed in 
                                room confinement, in the case of a 
                                covered juvenile who poses a serious 
                                and immediate risk of physical harm to 
                                others; or
                                    ``(II) 30 minutes after being 
                                placed in room confinement, in the case 
                                of a covered juvenile who poses a 
                                serious and immediate risk of physical 
                                harm only to himself or herself.
                    ``(C) Risk of harm after maximum period of 
                confinement.--If, after the applicable maximum period 
                of confinement under subclause (I) or (II) of 
                subparagraph (B)(ii) has expired, a covered juvenile 
                continues to pose a serious and immediate risk of 
                physical harm described in that subclause--
                            ``(i) the covered juvenile shall be 
                        transferred to another juvenile facility or 
                        internal location where services can be 
                        provided to the covered juvenile without 
                        relying on room confinement; or
                            ``(ii) if a qualified mental health 
                        professional believes the level of crisis 
                        service needed is not currently available, a 
                        staff member of the juvenile facility shall 
                        initiate a referral to a location that can meet 
                        the needs of the covered juvenile.
                    ``(D) Spirit and purpose.--The use of consecutive 
                periods of room confinement to evade the spirit and 
                purpose of this subsection shall be prohibited.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 403 of title 18, United States Code, as amended by section 210, 
is amended by adding at the end the following:

``5045. Juvenile solitary confinement.''.

SEC. 212. ENSURING ACCURACY OF FEDERAL CRIMINAL RECORDS.

    (a) In General.--Section 534 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(g) Ensuring Accuracy of Federal Criminal Records.--
            ``(1) Definitions.--
                    ``(A) In general.--In this subsection--
                            ``(i) the term `applicant' means the 
                        individual to whom a record sought to be 
                        exchanged pertains;
                            ``(ii) the term `high-risk, public trust 
                        position' means a position designated as a 
                        public trust position under section 731.106(b) 
                        of title 5, Code of Federal Regulations, or any 
                        successor regulation;
                            ``(iii) the term `incomplete', with respect 
                        to a record, means the record--
                                    ``(I) indicates that an individual 
                                was arrested but does not describe the 
                                offense for which the individual was 
                                arrested; or
                                    ``(II) indicates that an individual 
                                was arrested or criminal proceedings 
                                were instituted against an individual 
                                but does not include the final 
                                disposition of the arrest or of the 
                                proceedings if a final disposition has 
                                been reached;
                            ``(iv) the term `record' means a record or 
                        other information collected under this section 
                        that relates to--
                                    ``(I) an arrest by a Federal law 
                                enforcement officer; or
                                    ``(II) a Federal criminal 
                                proceeding;
                            ``(v) the term `reporting jurisdiction' 
                        means any person or entity that provides a 
                        record to the Attorney General under this 
                        section; and
                            ``(vi) the term `requesting entity'--
                                    ``(I) means a person or entity that 
                                seeks the exchange of a record for 
                                civil purposes that include employment, 
                                housing, credit, or any other type of 
                                application; and
                                    ``(II) does not include a law 
                                enforcement or intelligence agency that 
                                seeks the exchange of a record for--
                                            ``(aa) investigative 
                                        purposes; or
                                            ``(bb) purposes relating to 
                                        law enforcement employment.
                    ``(B) Rule of construction.--The definition of the 
                term `requesting entity' under subparagraph (A) shall 
                not be construed to authorize access to records that is 
                not otherwise authorized by law.
            ``(2) Incomplete or inaccurate records.--The Attorney 
        General shall establish and enforce procedures to ensure the 
        prompt release of accurate records exchanged for employment-
        related purposes through the records system created under this 
        section.
            ``(3) Required procedures.--The procedures established 
        under paragraph (2) shall include the following:
                    ``(A) Inaccurate record or information.--If the 
                Attorney General determines that a record is 
                inaccurate, the Attorney General shall promptly correct 
                the record, including by making deletions to the record 
                if appropriate.
                    ``(B) Incomplete record.--
                            ``(i) In general.--If the Attorney General 
                        determines that a record is incomplete or 
                        cannot be verified, the Attorney General--
                                    ``(I) shall attempt to complete or 
                                verify the record; and
                                    ``(II) if unable to complete or 
                                verify the record, may promptly make 
                                any changes or deletions to the record.
                            ``(ii) Lack of disposition of arrest.--For 
                        purposes of this subparagraph, an incomplete 
                        record includes a record that indicates there 
                        was an arrest and does not include the 
                        disposition of the arrest.
                            ``(iii) Obtaining disposition of arrest.--
                        If the Attorney General determines that a 
                        record is an incomplete record described in 
                        clause (ii), the Attorney General shall, not 
                        later than 10 days after the date on which the 
                        requesting entity requests the exchange and 
                        before the exchange is made, obtain the 
                        disposition (if any) of the arrest.
                    ``(C) Notification of reporting jurisdiction.--The 
                Attorney General shall notify each appropriate 
                reporting jurisdiction of any action taken under 
                subparagraph (A) or (B).
                    ``(D) Opportunity to review records by applicant.--
                In connection with an exchange of a record under this 
                section, the Attorney General shall--
                            ``(i) notify the applicant that the 
                        applicant can obtain a copy of the record as 
                        described in clause (ii) if the applicant 
                        demonstrates a reasonable basis for the 
                        applicant's review of the record;
                            ``(ii) provide to the applicant an 
                        opportunity, upon request and in accordance 
                        with clause (i), to--
                                    ``(I) obtain a copy of the record; 
                                and
                                    ``(II) challenge the accuracy and 
                                completeness of the record;
                            ``(iii) promptly notify the requesting 
                        entity of any such challenge;
                            ``(iv) not later than 30 days after the 
                        date on which the challenge is made, complete 
                        an investigation of the challenge;
                            ``(v) provide to the applicant the specific 
                        findings and results of that investigation;
                            ``(vi) promptly make any changes or 
                        deletions to the records required as a result 
                        of the challenge; and
                            ``(vii) report those changes to the 
                        requesting entity.
                    ``(E) Certain exchanges prohibited.--
                            ``(i) In general.--An exchange shall not 
                        include any record--
                                    ``(I) except as provided in clause 
                                (ii), about an arrest more than 2 years 
                                old as of the date of the request for 
                                the exchange, that does not also 
                                include a disposition (if any) of that 
                                arrest;
                                    ``(II) relating to an adult or 
                                juvenile nonserious offense of the sort 
                                described in section 20.32(b) of title 
                                28, Code of Federal Regulations, as in 
                                effect on July 1, 2009; or
                                    ``(III) to the extent the record is 
                                not clearly an arrest or a disposition 
                                of an arrest.
                            ``(ii) Applicants for sensitive 
                        positions.--The prohibition under clause (i)(I) 
                        shall not apply in the case of a background 
                        check that relates to--
                                    ``(I) law enforcement employment; 
                                or
                                    ``(II) any position that a Federal 
                                agency designates as a--
                                            ``(aa) national security 
                                        position; or
                                            ``(bb) high-risk, public 
                                        trust position.
            ``(4) Fees.--The Attorney General may collect a reasonable 
        fee for an exchange of records for employment-related purposes 
        through the records system created under this section to defray 
        the costs associated with exchanges for those purposes, 
        including any costs associated with the investigation of 
        inaccurate or incomplete records.''.
    (b) Regulations on Reasonable Procedures.--Not later than 1 year 
after the date of enactment of this Act, the Attorney General shall 
issue regulations to carry out section 534(g) of title 28, United 
States Code, as added by subsection (a).
    (c) Report.--
            (1) Definition.--In this subsection, the term ``record'' 
        has the meaning given the term in subsection (g) of section 534 
        of title 28, United States Code, as added by subsection (a).
            (2) Report required.--Not later than 2 years after the date 
        of enactment of this Act, the Attorney General shall submit to 
        Congress a report on the implementation of subsection (g) of 
        section 534 of title 28, United States Code, as added by 
        subsection (a), that includes--
                    (A) the number of exchanges of records for 
                employment-related purposes made with entities in each 
                State through the records system created under such 
                section 534;
                    (B) any prolonged failure of a Federal agency to 
                comply with a request by the Attorney General for 
                information about dispositions of arrests; and
                    (C) the numbers of successful and unsuccessful 
                challenges to the accuracy and completeness of records, 
                organized by the Federal agency from which each record 
                originated.

          TITLE III--NATIONAL CRIMINAL JUSTICE COMMISSION ACT

SEC. 301. SHORT TITLE.

    This Act may be cited as the ``National Criminal Justice Commission 
Act of 2017''.

SEC. 302. FINDINGS.

    Congress finds that--
            (1) it is in the interest of the Nation to establish a 
        commission to undertake a comprehensive review of the criminal 
        justice system;
            (2) there has not been a comprehensive study since the 
        President's Commission on Law Enforcement and Administration of 
        Justice was established in 1965;
            (3) that commission, in a span of 18 months, produced a 
        comprehensive report entitled ``The Challenge of Crime in a 
        Free Society'', which contained 200 specific recommendations on 
        all aspects of the criminal justice system involving Federal, 
        State, tribal, and local governments, civic organizations, 
        religious institutions, business groups, and individual 
        citizens; and
            (4) developments over the intervening 50 years require once 
        again that Federal, State, tribal, and local governments, civic 
        organizations, religious institutions, business groups, and 
        individual citizens come together to review evidence and 
        consider how to improve the criminal justice system.

SEC. 303. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the ``National 
Criminal Justice Commission'' (referred to in this title as the 
``Commission'').

SEC. 304. PURPOSE OF THE COMMISSION.

    The Commission shall--
            (1) undertake a comprehensive review of the criminal 
        justice system;
            (2) make recommendations for Federal criminal justice 
        reform to the President and Congress; and
            (3) disseminate findings and supplemental guidance to the 
        Federal Government, as well as to State, local, and tribal 
        governments.

SEC. 305. REVIEW, RECOMMENDATIONS, AND REPORT.

    (a) General Review.--The Commission shall undertake a comprehensive 
review of all areas of the criminal justice system, including Federal, 
State, local, and tribal governments' criminal justice costs, 
practices, and policies.
    (b) Recommendations.--
            (1) In general.--Not later than 18 months after the first 
        meeting of the Commission, the Commission shall submit to the 
        President and Congress recommendations for changes in Federal 
        oversight, policies, practices, and laws designed to prevent, 
        deter, and reduce crime and violence, reduce recidivism, 
        improve cost-effectiveness, and ensure the interests of justice 
        at every step of the criminal justice system.
            (2) Unanimous consent required.--A recommendation of the 
        Commission may be adopted and submitted under paragraph (1) if 
        the recommendation is approved by a unanimous vote of the 
        Commissioners at a meeting where a quorum is present pursuant 
        to section 306(d).
            (3) Requirement.--The recommendations submitted under this 
        subsection shall be made available to the public.
    (c) Report.--
            (1) In general.--Not later than 18 months after the first 
        meeting of the Commission, the Commission shall also 
        disseminate to the Federal Government, as well as to State, 
        local, and tribal governments, a report that details the 
        findings and supplemental guidance of the Commission regarding 
        the criminal justice system at all levels of government.
            (2) Majority vote required.--Commission findings and 
        supplemental guidance may be adopted and included in the report 
        required under paragraph (1) if the findings or guidance is 
        approved by a majority vote of the Commissioners at a meeting 
        where a quorum is present pursuant to section 306(d), except 
        that any Commissioners dissenting from particular finding or 
        supplemental guidance shall have the right to state the reason 
        for their dissent in writing and such dissent shall be included 
        in the report of the Commission.
            (3) Requirement.--The report submitted under this 
        subsection shall be made available to the public.
    (d) Prior Commissions.--The Commission shall take into 
consideration the work of prior relevant commissions in conducting its 
review.
    (e) State and Local Government.--In issuing its recommendations and 
report under this section, the Commission shall not infringe on the 
legitimate rights of the States to determine their own criminal laws or 
the enforcement of such laws.
    (f) Public Hearings.--The Commission shall conduct public hearings 
in various locations around the United States.
    (g) Consultation With Government and Nongovernment 
Representatives.--
            (1) In general.--The Commission shall--
                    (A) closely consult with Federal, State, local, and 
                tribal government and nongovernmental leaders, 
                including State, local, and tribal law enforcement 
                officials, legislators, public health officials, 
                judges, court administrators, prosecutors, defense 
                counsel, victims' rights organizations, probation and 
                parole officials, criminal justice planners, 
                criminologists, civil rights and liberties 
                organizations, formerly incarcerated individuals, 
                professional organizations, and corrections officials; 
                and
                    (B) include in the final report required under 
                subsection (c) summaries of the input and 
                recommendations of these leaders.
            (2) United states sentencing commission.--To the extent the 
        review and recommendations required by this section relate to 
        sentencing policies and practices for the Federal criminal 
        justice system, the Commission shall conduct such review and 
        make such recommendations in consultation with the United 
        States Sentencing Commission.
    (h) Sense of Congress, Goal of Unanimity.--It is the sense of the 
Congress that, given the national importance of the matters before the 
Commission, the Commission should work toward unanimously supported 
findings and supplemental guidance, and that unanimously supported 
findings and supplemental guidance should take precedence over those 
findings and supplemental guidance that are not unanimously supported.

SEC. 306. MEMBERSHIP.

    (a) In General.--The Commission shall be composed of 14 members, as 
follows:
            (1) One member shall be appointed by the President, who 
        shall serve as co-chairman of the Commission.
            (2) One member shall be appointed by the leader of the 
        Senate, in consultation with the leader of the House of 
        Representatives, that is a member of the opposite party of the 
        President, who shall serve as co-chairman of the Commission.
            (3) Two members shall be appointed by the senior member of 
        the Senate leadership of the Democratic Party, in consultation 
        with the Democratic leadership of the Committee on the 
        Judiciary.
            (4) Two members shall be appointed by the senior member of 
        the Senate leadership of the Republican Party, in consultation 
        with the Republican leadership of the Committee on the 
        Judiciary.
            (5) Two members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Republican Party, in consultation with the Republican 
        leadership of the Committee on the Judiciary.
            (6) Two members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Democratic Party, in consultation with the Democratic 
        leadership of the Committee on the Judiciary.
            (7) Two members, who shall be State and local 
        representatives, shall be appointed by the President in 
        agreement with leader of the Senate (majority or minority 
        leader, as the case may be) of the Republican Party and the 
        leader of the House of Representatives (majority or minority 
        leader, as the case may be) of the Republican Party.
            (8) Two members, who shall be State and local 
        representatives, shall be appointed by the President in 
        agreement with leader of the Senate (majority or minority 
        leader, as the case may be) of the Democratic Party and the 
        leader of the House of Representatives (majority or minority 
        leader, as the case may be) of the Democratic Party.
    (b) Membership.--
            (1) Qualifications.--The individuals appointed from private 
        life as members of the Commission shall be individuals with 
        distinguished reputations for integrity and nonpartisanship who 
        are nationally recognized for expertise, knowledge, or 
        experience in such relevant areas as--
                    (A) law enforcement;
                    (B) criminal justice;
                    (C) national security;
                    (D) prison and jail administration;
                    (E) prisoner reentry;
                    (F) public health, including physical and sexual 
                victimization, drug addiction and mental health;
                    (G) victims' rights;
                    (H) civil liberties;
                    (I) court administration;
                    (J) social services; and
                    (K) State, local, and tribal government.
            (2) Disqualification.--An individual shall not be appointed 
        as a member of the Commission if such individual possesses any 
        personal financial interest in the discharge of any of the 
        duties of the Commission.
            (3) Terms.--Members shall be appointed for the life of the 
        Commission.
    (c) Appointment; First Meeting.--
            (1) Appointment.--Members of the Commission shall be 
        appointed not later than 45 days after the date of the 
        enactment of this Act.
            (2) First meeting.--The Commission shall hold its first 
        meeting on the date that is 60 days after the date of enactment 
        of this Act, or not later than 30 days after the date on which 
        funds are made available for the Commission, whichever is 
        later.
            (3) Ethics.--At the first meeting of the Commission, the 
        Commission shall draft appropriate ethics guidelines for 
        commissioners and staff, including guidelines relating to 
        conflict of interest and financial disclosure. The Commission 
        shall consult with the Senate and House Committees on the 
        Judiciary as a part of drafting the guidelines and furnish the 
        Committees with a copy of the completed guidelines.
    (d) Meetings; Quorum; Vacancies.--
            (1) Meetings.--The Commission shall meet at the call of the 
        co-chairs or a majority of its members.
            (2) Quorum.--Eight members of the Commission shall 
        constitute a quorum for purposes of conducting business, except 
        that 2 members of the Commission shall constitute a quorum for 
        purposes of receiving testimony.
            (3) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made. If vacancies in the 
        Commission occur on any day after 45 days after the date of the 
        enactment of this Act, a quorum shall consist of a majority of 
        the members of the Commission as of such day, so long as not 
        less than 1 Commission member chosen by a member of each party, 
        Republican and Democratic, is present.
    (e) Actions of Commission.--
            (1) In general.--The Commission--
                    (A) shall, subject to the requirements of section 
                305, act by resolution agreed to by a majority of the 
                members of the Commission voting and present; and
                    (B) may establish panels composed of less than the 
                full membership of the Commission for purposes of 
                carrying out the duties of the Commission under this 
                title--
                            (i) which shall be subject to the review 
                        and control of the Commission; and
                            (ii) any findings and determinations made 
                        by such a panel shall not be considered the 
                        findings and determinations of the Commission 
                        unless approved by the Commission.
            (2) Delegation.--Any member, agent, or staff of the 
        Commission may, if authorized by the co-chairs of the 
        Commission, take any action which the Commission is authorized 
        to take pursuant to this Act.

SEC. 307. ADMINISTRATION.

    (a) Staff.--
            (1) Executive director.--The Commission shall have a staff 
        headed by an Executive Director. The Executive Director shall 
        be paid at a rate established for the Certified Plan pay level 
        for the Senior Executive Service under section 5382 of title 5, 
        United States Code.
            (2) Appointment and compensation.--The co-chairs of the 
        Commission shall designate and fix the compensation of the 
        Executive Director and, in accordance with rules agreed upon by 
        the Commission, may appoint and fix the compensation of such 
        other personnel as may be necessary to enable the Commission to 
        carry out its functions, without regard to the provisions of 
        title 5, United States Code, governing appointments in the 
        competitive service, and without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title 
        relating to classification and General Schedule pay rates, 
        except that no rate of pay fixed under this subsection may 
        exceed the equivalent of that payable for a position at level V 
        of the Executive Schedule under section 5316 of title 5, United 
        States Code.
            (3) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
            (4) The compensation of commissioners.--Each member of the 
        Commission may be compensated at not to exceed the daily 
        equivalent of the annual rate of basic pay in effect for a 
        position at level V of the Executive Schedule under section 
        5315 of title 5, United States Code, for each day during which 
        that member is engaged in the actual performance of the duties 
        of the Commission. All members of the Commission who are 
        officers or employees of the United States, State, or local 
        government shall serve without compensation in addition to that 
        received for their services as officers or employees.
            (5) Travel expenses.--While away from their homes or 
        regular places of business in the performance of services for 
        the Commission, members of the Commission shall be allowed 
        travel expenses, including per diem in lieu of subsistence, in 
        the same manner as persons employed intermittently in the 
        Government service are allowed expenses under section 5703(b) 
        of title 5, United States Code.
    (b) Experts and Consultants.--With the approval of the Commission, 
the Executive Director may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code.
    (c) Detail of Government Employees.--Upon the request of the 
Commission, the head of any Federal agency may detail, without 
reimbursement, any of the personnel of such agency to the Commission to 
assist in carrying out the duties of the Commission. Any such detail 
shall not interrupt or otherwise affect the civil service status or 
privileges of the Federal employee.
    (d) Other Resources.--The Commission shall have reasonable access 
to materials, resources, statistical data, and other information such 
Commission determines to be necessary to carry out its duties from the 
Library of Congress, the Department of Justice, the Office of National 
Drug Control Policy, the Department of State, and other agencies of the 
executive and legislative branches of the Federal Government. The co-
chairs of the Commission shall make requests for such access in writing 
when necessary.
    (e) Volunteer Services.--Notwithstanding the provisions of section 
1342 of title 31, United States Code, the Commission is authorized to 
accept and utilize the services of volunteers serving without 
compensation. The Commission may reimburse such volunteers for local 
travel and office supplies, and for other travel expenses, including 
per diem in lieu of subsistence, as authorized by section 5703 of title 
5, United States Code. A person providing volunteer services to the 
Commission shall be considered an employee of the Federal Government in 
performance of those services for the purposes of chapter 81 of title 
5, United States Code, relating to compensation for work-related 
injuries, chapter 171 of title 28, United States Code, relating to tort 
claims, and chapter 11 of title 18, United States Code, relating to 
conflicts of interest.
    (f) Obtaining Official Data.--The Commission may secure directly 
from any agency of the United States information necessary to enable it 
to carry out this Act. Upon the request of the co-chairs of the 
Commission, the head of that department or agency shall furnish that 
information to the Commission. The Commission shall not have access to 
sensitive information regarding ongoing investigations.
    (g) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (h) Administrative Reporting.--The Commission shall issue biannual 
status reports to Congress regarding the use of resources, salaries, 
and all expenditures of appropriated funds.
    (i) Contracts.--The Commission is authorized to enter into 
contracts with Federal and State agencies, private firms, institutions, 
and individuals for the conduct of activities necessary to the 
discharge of its duties and responsibilities. A contract, lease or 
other legal agreement entered into by the Commission may not extend 
beyond the date of the termination of the Commission.
    (j) Gifts.--Subject to existing law, the Commission may accept, 
use, and dispose of gifts or donations of services or property.
    (k) Administrative Assistance.--The Administrator of General 
Services shall provide to the Commission, on a reimbursable basis, the 
administrative support services necessary for the Commission to carry 
out its responsibilities under this Act. These administrative services 
may include human resource management, budget, leasing, accounting, and 
payroll services.
    (l) Nonapplicability of FACA and Public Access to Meetings and 
Minutes.--
            (1) In general.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the Commission.
            (2) Meetings and minutes.--
                    (A) Meetings.--
                            (i) Administration.--All meetings of the 
                        Commission shall be open to the public, except 
                        that a meeting or any portion of it may be 
                        closed to the public if it concerns matters or 
                        information described in section 552b(c) of 
                        title 5, United States Code. Interested persons 
                        shall be permitted to appear at open meetings 
                        and present oral or written statements on the 
                        subject matter of the meeting. The Commission 
                        may administer oaths or affirmations to any 
                        person appearing before it.
                            (ii) Notice.--All open meetings of the 
                        Commission shall be preceded by timely public 
                        notice in the Federal Register of the time, 
                        place, and subject of the meeting.
                    (B) Minutes and public availability.--Minutes of 
                each open meeting shall be kept and shall contain a 
                record of the people present, a description of the 
                discussion that occurred, and copies of all statements 
                filed. The minutes and records of all open meetings and 
                other documents that were made available to or prepared 
                for the Commission shall be available for public 
                inspection and copying at a single location in the 
                offices of the Commission.
    (m) Archiving.--Not later than the date of termination of the 
Commission, all records and papers of the Commission shall be delivered 
to the Archivist of the United States for deposit in the National 
Archives.

SEC. 308. FUNDING.

    (a) Determination of Savings.--Not later than 90 days after the 
date of enactment of this Act, the Director of the Office of Management 
and Budget shall determine the total amount of savings projected to be 
realized by the implementation of title I during the 10-fiscal-year 
period beginning on the first day of the first fiscal year beginning 
after the date of enactment of this Act.
    (b) Transfers Into Fund.--
            (1) Establishment of fund.--There is established in the 
        Treasury a fund to be known as the National Criminal Justice 
        Commission Fund (referred to in this section as the ``Fund'').
            (2) Transfers.--Effective on the date on which the Director 
        of the Office of Management and Budget determines the amount of 
        savings under subsection (a), the Secretary of the Treasury 
        shall transfer from the general fund of the Treasury to the 
        Fund an amount equal to the lesser of the amount of savings or 
        $14,000,000.
            (3) Use of funds.--Of the amount transferred to the Fund 
        under paragraph (2)--
                    (A) 50 percent shall be available to the Commission 
                without further appropriation to carry out this title 
                for the first fiscal year after the date of enactment 
                of this Act; and
                    (B) 50 percent shall be available to the Commission 
                without further appropriation to carry out this title 
                for the second fiscal year after the date of enactment 
                of this Act.
    (c) Discretionary Spending Limits Adjustment.--Section 251(b)(2) of 
the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
901(b)(2)) is amended by adding at the end the following:
                    ``(E) National criminal justice commission.--If 
                amounts are transferred to the National Criminal 
                Justice Commission Fund established under section 
                308(b) of the National Criminal Justice Commission Act 
                of 2017, the adjustment shall be a reduction in the 
                discretionary spending limit for the revised 
                nonsecurity category--
                            ``(i) for the first fiscal year after the 
                        date of enactment of that Act, in an amount 
                        equal to 50 percent of the amount transferred 
                        to the Fund; and
                            ``(ii) for the second fiscal year after the 
                        date of enactment of that Act, in an amount 
                        equal to 50 percent of the amount transferred 
                        to the Fund.''.
    (d) Budgetary Effects.--
            (1) Statutory paygo scorecards.--The budgetary effects of 
        this section shall not be entered on either PAYGO scorecard 
        maintained pursuant to section 4(d) of the Statutory Pay-As-
        You-Go Act of 2010.
            (2) Senate paygo scorecards.--The budgetary effects of this 
        section shall not be entered on any PAYGO scorecard maintained 
        for purposes of section 201 of S. Con. Res. 21 (110th 
        Congress).

SEC. 309. SUNSET.

    The Commission shall terminate 60 days after the Commission submits 
the report required under section 305 to Congress.
                                 <all>