[Congressional Record Volume 163, Number 169 (Thursday, October 19, 2017)]
[Senate]
[Pages S6646-S6655]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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

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     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--

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       ``(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

[[Page S6652]]

     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

[[Page S6653]]

       (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

[[Page S6654]]

     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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