[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1994 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1994

    To reduce recidivism and increase public safety, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 19, 2017

 Mr. Cornyn (for himself, Mr. Whitehouse, and Mr. Lee) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To reduce recidivism and increase public safety, 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 ``Corrections 
Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In 
Our National System Act of 2017'' or the ``CORRECTIONS Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                        TITLE I--CORRECTIONS ACT

Sec. 101. Recidivism reduction programming and productive activities.
Sec. 102. Post-sentencing risk and needs assessment system.
Sec. 103. Prerelease custody.
Sec. 104. Reports.
Sec. 105. Additional tools to promote recovery and prevent drug and 
                            alcohol abuse and dependence.
Sec. 106. Promoting successful reentry.
Sec. 107. Parole for juveniles.
Sec. 108. Compassionate release initiative.
          TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Secure firearms storage.
            TITLE III--NATIONAL CRIMINAL JUSTICE COMMISSION

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. Authorization for use of funds.
Sec. 309. Sunset.

                        TITLE I--CORRECTIONS ACT

SEC. 101. 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, not later 
                than 5 years after the date of enactment of this 
                subsection, 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 in section 2332b(g)(5).
                                    ``(II) A Federal crime of violence, 
                                as defined in 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 crime involving 
                                child exploitation, as defined in 
                                section 2 of the PROTECT Our Children 
                                Act of 2008 (34 U.S.C. 21101).
                                    ``(VI) 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 (VI) 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, is amended--
                    (A) by redesignating subsections (b) through (f) as 
                subsections (c) through (g), 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. 102. 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 6 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 12 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. 103. 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, in accordance with the 
        following guidelines:
                    ``(A) Lower-risk, lower-need prisoners shall be 
                placed directly into home confinement or community 
                supervision.
                    ``(B) Residential reentry center placements shall 
                be reserved for the higher-risk, higher-need 
                prisoners.'';
            (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 include input from local law 
                                enforcement authorities regarding prior 
                                conduct or any other relevant 
                                information; 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. 104. REPORTS.

    (a) Annual Reports.--
            (1) Reports.--Not later than 1 year after the date of 
        enactment of this Act, and every 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 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 such programs and 
                        activities, and how these should be remedied.
                    (D) An assessment of budgetary savings resulting 
                from this title and the amendments made by this title, 
                to include--
                            (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 such savings 
                        into other Federal, State, and local law 
                        enforcement activities and 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 title, 
                        and the amendments made by this title, 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 every 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 the amount described in 
                paragraph (1)(D)(i) for the fiscal year and the amount 
                described in paragraph (1)(D)(ii) for the fiscal year.
                    (C) Use of funds.--The funds described in 
                subparagraph (A)(ii) shall be used, consistent with 
                paragraph (1)(D)(iii), 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.
                            (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 such 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 such 
        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 every 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, including the rates of recidivism at 
        regular annual intervals during the 10-year period after 
        release from prison.
            (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.--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 described in section 3621(h)(6)(A)(iii) of title 18, United 
States Code, as added by this title, as well as those ineligible for 
credit toward prerelease custody under section 3624(c)(2) of title 18, 
United States Code, as added by this title, which shall review the 
effectiveness of different categories of incentives in reducing 
recidivism.
    (e) Definition.--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. 105. 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 12 
                months 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), but 
                such reduction may not exceed one-half the amount of 
                the reduction awarded to the prisoner under 
                subparagraph (B).''.
    (c) Supervised Release Pilot Program To Reduce Recidivism and 
Improve Recovery From Alcohol and Drug Abuse.--
            (1) In general.--Not later than 1 year 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, 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 required under paragraph (1) shall be subject to the 
        following requirements:
                    (A) Upon entry into the pilot program, the court 
                shall notify 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) In the event that 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 in no case more 
                than 1 week 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, 
                it 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 defendant'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.--In the event that 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 in accordance with 
                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 
                required under paragraph (1), shall develop policies to 
                enable program participants sentenced to terms of 
                incarceration as described in paragraph (2)(E) 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, the United States Attorneys, Federal 
                Defenders, and Chief Judges of the districts selected 
                for participation in the pilot program required under 
                paragraph (1), shall establish advisory sentencing 
                policies to be used by the district courts in imposing 
                sentences of incarceration in accordance with paragraph 
                (2)(E).
                    (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 required under 
        paragraph (1) 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 2 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. 106. PROMOTING SUCCESSFUL REENTRY.

    (a) Federal Reentry Demonstration Projects.--
            (1) Evaluation of existing best practices for reentry.--Not 
        later than 1 year 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--
                            (i) conducting examinations of 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 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 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, 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 to be appropriate 
                by the Bureau of Prisons;
                    (B) a reentry review team for each prisoner to 
                develop a reentry plan specific to the needs of the 
                prisoner, and to 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 3 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 State, local, and Federal 
                governments, 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 2 months 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 the 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 2 months 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. 107. 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 life 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 30 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 to 
        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 of 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 them 
        to the otherwise applicable term of imprisonment;
            ``(11) input from local law enforcement authorities 
        regarding prior conduct and any other relevant information; and
            ``(12) 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 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 for 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. 108. 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.''.

          TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Lieutenant Osvaldo Albarati 
Correctional Officer Self-Protection Act of 2017''.

SEC. 202. FINDINGS.

    Congress finds that--
            (1) the Law Enforcement Officers Safety Act of 2004 (Public 
        Law 108-277; 118 Stat. 865) gives certain law enforcement 
        officers, including certain correctional officers of the Bureau 
        of Prisons, the right to carry a concealed firearm in all 50 
        States for self-protection;
            (2) the purpose of that Act is to allow certain law 
        enforcement officers to protect themselves while off duty;
            (3) correctional officers of the Bureau of Prisons have 
        been the targets of assaults and murders while off duty; and
            (4) while that Act allows certain law enforcement officers 
        to protect themselves off duty, the Director of the Bureau of 
        Prisons allows correctional officers of the Bureau of Prisons 
        to securely store personal firearms at only 33 Federal penal 
        and correctional institutions while at work.

SEC. 203. SECURE FIREARMS STORAGE.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4050. Secure firearms storage
    ``(a) Definitions.--In this section--
            ``(1) the term `employee' means a qualified law enforcement 
        officer employed by the Bureau of Prisons; and
            ``(2) the terms `firearm' and `qualified law enforcement 
        officer' have the meanings given those terms in section 926B.
    ``(b) Secure Firearms Storage.--The Director of the Bureau of 
Prisons shall ensure that each chief executive officer of a Federal 
penal or correctional institution--
            ``(1)(A) provides a secure storage area located outside of 
        the secure perimeter of the institution for employees to store 
        firearms; or
            ``(B) allows employees to store firearms in a vehicle 
        lockbox approved by the Director of the Bureau of Prisons; and
            ``(2) notwithstanding any other provision of law, allows 
        employees to carry concealed firearms on the premises outside 
        of the secure perimeter of the institution.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 303 of title 18, United States Code, as amended by this Act, is 
further amended by adding at the end the following:

``4050. Secure firearms storage.''.

            TITLE III--NATIONAL CRIMINAL JUSTICE COMMISSION

SEC. 301. SHORT TITLE.

    This title 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, law 
        enforcement agencies, including rank and file officers, civil 
        rights organizations, community-based organization leaders, 
        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 findings 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, including rank and file officers, 
                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, community-based 
                organization leaders, 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 the 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 the 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 rights;
                    (I) civil liberties;
                    (J) court administration;
                    (K) social services; and
                    (L) 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 title.

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 title. 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 title. 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. AUTHORIZATION FOR USE OF FUNDS.

    For each of fiscal years 2018 and 2019, the Attorney General may 
use, from any unobligated balances made available under the heading 
``General Administration'' to the Department of Justice in an 
appropriations Act, such amounts as are necessary, not to exceed 
$7,000,000 per fiscal year and not to exceed $14,000,000 total for both 
fiscal years, to carry out this title, except that none of the funds 
authorized to be used to carry out this title may be used for 
international travel.

SEC. 309. SUNSET.

    The Commission shall terminate 60 days after the Commission submits 
the report required under section 305(c) to Congress.
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