[Congressional Record Volume 163, Number 169 (Thursday, October 19, 2017)]
[Senate]
[Pages S6645-S6655]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN (for himself, Mr. Blumenthal, Mr. Markey, Ms.
Warren, Mr. Casey, Mrs. Gillibrand, and Ms. Duckworth):
S. 1992. A bill to amend title 18, United States Code, to require
federally licensed firearms importers, manufacturers, and dealers to
meet certain requirements with respect to securing their firearms
inventory, business records, and business premises; to the Committee on
the Judiciary.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1992
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety Enhancements for
Communities Using Reasonable and Effective Firearm Storage
Act'' or the ``SECURE Firearm Storage Act''.
SEC. 2. SECURITY REQUIREMENTS FOR FEDERALLY LICENSED FIREARMS
IMPORTERS, MANUFACTURERS, AND DEALERS.
(a) In General.--Section 923 of title 18, United States
Code, is amended by adding at the end the following:
``(m) Security Requirements.--
``(1) Relation to provision governing gun shows.--This
subsection shall apply to a licensed importer, licensed
manufacturer, or licensed dealer except as provided in
subsection (j).
``(2) Firearm storage.--
``(A) In general.--A person who is a licensed importer,
licensed manufacturer, or licensed dealer shall keep and
store each firearm in the business inventory of the licensee
at the premises covered by the license.
``(B) Means of storage.--When the premises covered by the
license are not open for business, the licensee shall, with
respect to each firearm in the business inventory of the
licensee--
``(i) secure the firearm with a hardened steel rod \1/4\
inch thick through the space between the trigger guard, and
the frame or receiver, of the firearm, with--
``(I) the steel rod secured by a hardened steel lock that
has a shackle;
``(II) the lock and shackle protected or shielded from the
use of a bolt cutter; and
``(III) the rod anchored to prevent the removal of the
firearm from the premises; or
``(ii) store the firearm in--
``(I) a locked fireproof safe;
``(II) a locked gun cabinet (and if the locked gun cabinet
is not steel, each firearm within the cabinet shall be
secured with a hardened steel rod \1/4\ inch thick, protected
or shielded from the use of a bolt cutter and anchored to
prevent the removal of the firearm from the premises); or
``(III) a locked vault.
``(3) Paper record storage.--When the premises covered by
the license are not open for business, the licensee shall
store each paper record of the business inventory and firearm
transactions of, and other dispositions of firearms by, the
licensee at the premises in a secure location such as a
locked fireproof safe or locked vault.
``(4) Additional security requirements.--The Attorney
General may, by regulation, prescribe such additional
security requirements as the Attorney General determines
appropriate with respect to the firearms business conducted
by a licensed importer, licensed manufacturer, or licensed
dealer, such as requirements relating to the use of--
``(A) alarm and security camera systems;
``(B) site hardening; and
``(C) other measures necessary to reduce the risk of theft
at the business premises of a licensee.''.
(b) Penalties.--Section 924 of title 18, United States
Code, is amended by adding at the end the following:
``(q) Penalties for Noncompliance With Firearms Licensee
Security Requirements.--
``(1) In general.--
``(A) Penalty.--With respect to a violation by a licensee
of section 923(m) or a regulation issued under that section,
the Attorney General, after notice and opportunity for
hearing--
``(i) in the case of the first violation or related series
of violations on the same date, shall subject the licensee to
a civil penalty in an amount equal to not less than $1,000
and not more than $10,000;
``(ii) in the case of the second violation or related
series of violations on the same date--
``(I) shall suspend the license issued to the licensee
under this chapter until the licensee cures the violation;
and
``(II) may subject the licensee to a civil penalty in an
amount provided in clause (i); or
``(iii) in the case of the third violation or related
series of violations on the same date--
``(I) shall revoke the license issued to the licensee under
this chapter; and
``(II) may subject the licensee to a civil penalty in an
amount provided in clause (i).
``(B) Review.--An action of the Attorney General under this
paragraph may be reviewed only as provided under section
923(f).
``(2) Administrative remedies.--The imposition of a civil
penalty or suspension or revocation of a license under
paragraph (1) shall not preclude any administrative remedy
that is otherwise available to the Attorney General.''.
(c) Application Requirement.--Section 923 of title 18,
United States Code, is amended--
(1) in subsection (a), in the second sentence, by striking
``be in such form and contain only that'' and inserting
``describe how the applicant plans to comply with subsection
(m) and shall be in such form and contain only such other'';
and
(2) in subsection (d)(1)--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(H) the Attorney General determines that the description
in the application of how the applicant plans to comply with
subsection (m) would, if implemented, so comply.''.
(d) Effective Dates.--
(1) Initial firearm storage requirements.--Section
923(m)(2) of title 18, United States Code, as added by
subsection (a), shall take effect on the date that is 1 year
after the date of enactment of this Act.
(2) Initial paper records storage requirements.--Section
923(m)(3) of title 18, United States Code, as added by
subsection (a), shall take effect on the date that is 90 days
after the date of enactment of this Act.
______
By Mrs. FEINSTEIN:
S. 1993. A bill to adjust the boundary of the Santa Monica Mountains
National Recreation Area to include the Rim of the Valley Corridor, and
for other purposes; to the Committee on Energy and Natural Resources.
Mrs. FEINSTEIN. Mr. President, I am pleased to introduce the Rim of
the Valley Corridor Preservation Act. This legislation expands the
boundary of the Santa Monica Mountains National Recreation Area to
provide surrounding communities much-needed additional access to nature
while maintaining private property rights and existing local land use
authorities.
This bill adds an additional 191,000 acres, known as the Rim of the
Valley Unit, to better protect natural resources and habitats, and
provide members of the local community with improved recreational and
educational opportunities.
This proposed expansion comes at the recommendation of the National
Park Service after a six-year special resource study of the area. The
study was directed by Congress in the Rim of the Valley Corridor Study
Act, passed in 2008. The National Park Service's recommendation takes
into account over 2,000 comments received from the public, elected
officials, local organizations, and other stakeholders.
[[Page S6646]]
This legislation will significantly expand outdoor recreational
opportunities for residents of Los Angeles County, one of the most
densely populated and park-poor areas in California.
In fact, 47% of Californians--that's six percent of the U.S.
population--live within two hours of the proposed expansion area.
Enlarging the Santa Monica Mountains National Recreation Area will
provide these communities with increased access to public lands and a
boost to the local economy.
The proposed expansion will also protect valuable habitat for
endangered wildlife, such as the California red-legged frog. Other
species protected include mountain lions, bobcats, foxes, badgers,
coyotes, and deer.
Notably, the Rim of the Valley Corridor Preservation Act would only
allow the Department of the Interior to acquire non-Federal land within
the new boundaries through exchange, donation, or purchase from willing
sellers. This legislation will not create any additional liability or
restrictions for private property owners.
This bill enjoys the support of more than 50 local municipalities,
community groups, and elected officials. It is the product of true
public engagement in the legislative process.
I would like to thank my colleague, Representative Adam Schiff, for
introducing this legislation in the House.
I look forward to working with my colleagues to pass the Rim of the
Valley Corridor Preservation Act.
Thank you, Mr. President, I yield the floor.
______
By Mr. CORNYN (for himself, Mr. Whitehouse, and Mr. Lee):
S. 1994. A bill to reduce recidivism and increase public safety, and
for other purposes; to the Committee on the Judiciary.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1994
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
[[Page S6647]]
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
[[Page S6648]]
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--
[[Page S6649]]
``(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
[[Page S6650]]
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
[[Page S6651]]
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
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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 noticed 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
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(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 finding or supplemental guidance shall have the
right to state the reason for their dissent in writing and
such dissent shall be included in the report of the
Commission.
(3) Requirement.--The report submitted under this
subsection shall be made available to the public.
(d) Prior Commissions.--The Commission shall take into
consideration the work of prior relevant commissions in
conducting its review.
(e) State and Local Government.--In issuing its
recommendations and report under this section, the Commission
shall not infringe on the legitimate rights of the States to
determine their own criminal laws or the enforcement of such
laws.
(f) Public Hearings.--The Commission shall conduct public
hearings in various locations around the United States.
(g) Consultation With Government and Nongovernment
Representatives.--
(1) In general.--The Commission shall--
(A) closely consult with Federal, State, local, and tribal
government and nongovernmental leaders, including State,
local, and tribal law enforcement officials, 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
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the Democratic Party, in consultation with the Democratic
leadership of the Committee on the Judiciary.
(4) Two members shall be appointed by the senior member of
the Senate leadership of the Republican Party, in
consultation with the Republican leadership of the Committee
on the Judiciary.
(5) Two members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party, in consultation with the Republican
leadership of the Committee on the Judiciary.
(6) Two members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party, in consultation with the Democratic
leadership of the Committee on the Judiciary.
(7) Two members, who shall be State and local
representatives, shall be appointed by the President in
agreement with leader of the Senate (majority or minority
leader, as the case may be) of the Republican Party and the
leader of the House of Representatives (majority or minority
leader, as the case may be) of the Republican Party.
(8) Two members, who shall be State and local
representatives, shall be appointed by the President in
agreement with leader of the Senate (majority or minority
leader, as the case may be) of the Democratic Party and the
leader of the House of Representatives (majority or minority
leader, as the case may be) of the Democratic Party.
(b) Membership.--
(1) Qualifications.--The individuals appointed from private
life as members of the Commission shall be individuals with
distinguished reputations for integrity and nonpartisanship
who are nationally recognized for expertise, knowledge, or
experience in such relevant areas as--
(A) law enforcement;
(B) criminal justice;
(C) national security;
(D) prison and jail administration;
(E) prisoner reentry;
(F) public health, including physical and sexual
victimization, drug addiction and mental health;
(G) victims' rights;
(H) civil 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.
[[Page S6655]]
(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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