[House Report 116-311]
[From the U.S. Government Publishing Office]


116th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {      116-311

======================================================================

 
TO PROVIDE THAT THE AMOUNT OF TIME THAT AN ELDERLY OFFENDER MUST SERVE 
BEFORE BEING ELIGIBLE FOR PLACEMENT IN HOME DETENTION IS TO BE REDUCED 
  BY THE AMOUNT OF GOOD TIME CREDITS EARNED BY THE PRISONER, AND FOR 
                             OTHER PURPOSES

                                _______
                                

 November 26, 2019.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4018]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 4018) to provide that the amount of time that an 
elderly offender must serve before being eligible for placement 
in home detention is to be reduced by the amount of good time 
credits earned by the prisoner, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     5
New Budget Authority and Tax Expenditures and Congressional 
  Budget Office Cost Estimate....................................     5
Duplication of Federal Programs..................................     5
Performance Goals and Objectives.................................     5
Advisory on Earmarks.............................................     5
Section-by-Section Analysis......................................     5
Changes in Existing Law Made by the Bill, as Reported............     6

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. GOOD CONDUCT TIME CREDITS FOR CERTAIN ELDERLY NONVIOLENT 
                    OFFENDERS.

  Section 231(g)(5)(A)(ii) of the Second Chance Act of 2007 (34 U.S.C. 
60541(g)(5)(A)(ii)) is amended by striking ``to which the offender was 
sentenced'' and inserting ``reduced by any credit toward the service of 
the prisoner's sentence awarded under section 3624(b) of title 18, 
United States Code''.

                          Purpose and Summary

    H.R. 4018, ``To provide that the amount of time that an 
elderly offender must serve before being eligible for placement 
in home detention is to be reduced by the amount of good time 
credits earned by the prisoner, and for other purposes,'' would 
ensure that participants in the Second Chance Act elderly 
prisoner pilot program receive credit for good conduct time.

                Background and Need for the Legislation

    The Federal Prisoner Reentry Initiative, under the Second 
Chance Act of 2007, established a pilot program whereby certain 
prisoners were allowed release to home confinement, but only if 
they met very narrow criteria.\1\ Prisoners had to be at least 
65 years old and had to have served either 10 years or 75 
percent of their sentences whichever was longer.\2\ The result 
was that an incredibly low number of elderly prisoners were 
released to home confinement under the pilot program.
---------------------------------------------------------------------------
    \1\ Pub. L. No. 110-199, 122 Stat. 657 231(g) (2008) (codified at 
34 U.S.C. 60451(g)).
    \2\Id.
---------------------------------------------------------------------------
    The First Step Act, which became law in 2018, reauthorized 
the Second Chance Act and reauthorized and improved the elderly 
prisoner pilot program.\3\ The First Step Act reduced the age 
eligibility to 60 years old and modified the requirement to 
serve the longer of 10 years or 75 percent of a sentence to 
serving two thirds of a sentence.\4\ The First Step Act also 
expanded the eligibility criteria for the pilot program to 
include terminally ill offenders.\5\ Unfortunately, due to what 
was likely a drafting error in the Second Chance Act, the 
elderly prisoner pilot program does not allow elderly inmates 
to receive good conduct time.
---------------------------------------------------------------------------
    \3\Pub. L. No. 115-391, 132 Stat. 5194 603 (2018).
    \4\See id. at 603(a)(5)(A)(ii), codified at 34 U.S.C. 
60541(g)(5)(A)(ii).
    \5\See id. at 603(a)(5)(B), codified at 34 U.S.C. 60541(g)(5)(D).
---------------------------------------------------------------------------
    Under 18 U.S.C. 3624(b) (as clarified in the First Step 
Act), all prisoners who have satisfactory behavior received 54 
days of ``good conduct time'' (often referred to as ``good time 
credits'')--or days off their sentence--per year.\6\ H.R. 4018 
would slightly amend the pilot program language to ensure that 
elderly offenders become eligible for the pilot program at a 
point in time that takes into account any good conduct time 
credits they may have accumulated in the course of their time 
in prison.
---------------------------------------------------------------------------
    \6\See id. at 102(b), codified at 18 U.S.C. 3624(b)(1) (2019).
---------------------------------------------------------------------------
    This change is important for at least three reasons: (1) 
the elderly offender pilot program should be consistent with 
the way the Bureau of Prisons (BOP) calculates other transfers, 
which includes credit for good conduct time; (2) offenders who 
otherwise have satisfactory behavior should not lose good 
conduct time solely due to their elderly status; and (3) one of 
the goals of the pilot program is to save taxpayer dollars, and 
older inmates tend to be more costly for BOP to house.

                                Hearings

    The Committee held no hearings on H.R. 4018 in the 116th 
Congress.

                        Committee Consideration

    On Tuesday, September 10, 2019, the Committee met in open 
session and ordered H.R. 4018 favorably reported with an 
amendment, by a roll call vote of 28 to 8, a quorum being 
present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following roll call votes occurred during the Committee's 
consideration of H.R. 4018.
    1. Motion to report H.R. 4018 favorably, as amended. 
Adopted by a vote of 28 to 8.

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

  New Budget Authority and Tax Expenditures and Congressional Budget 
                          Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.

                    Duplication of Federal Programs

    No provision of H.R. 4018 establishes or reauthorizes a 
program of the federal government known to be duplicative of 
another federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
4018 would ensure that participants in the Second Chance Act 
elderly prisoner pilot program receive credit for good conduct 
time.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 4018 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec 1. Good Conduct Time Credits for Certain Elderly 
Nonviolent Offenders. Section 1 would amend the Second Chance 
Act of 2007 (as amended by the First Step Act) as it relates to 
a pilot program for certain elderly nonviolent offenders. It 
would ensure that prisoners who apply for home confinement 
under the pilot program receive good conduct time credits by 
ensuring that they become eligible for the program at a point 
in time that is reduced by any good conduct time credits for 
which they are eligible.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, H.R. 4018, as reported, are shown as follows:

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                       SECOND CHANCE ACT OF 2007



           *       *       *       *       *       *       *
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS

           *       *       *       *       *       *       *


             Subtitle C--Administration of Justice Reforms

CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY

           *       *       *       *       *       *       *


SEC. 231. FEDERAL PRISONER REENTRY INITIATIVE.

  (a) In general.--The Attorney General, in coordination with 
the Director of the Bureau of Prisons, shall, subject to the 
availability of appropriations, conduct the following 
activities to establish a Federal prisoner reentry initiative:
          (1) The establishment of a Federal prisoner reentry 
        strategy to help prepare prisoners for release and 
        successful reintegration into the community, including, 
        at a minimum, that the Bureau of Prisons--
                  (A) assess each prisoner's skill level 
                (including academic, vocational, health, 
                cognitive, interpersonal, daily living, and 
                related reentry skills) at the beginning of the 
                term of imprisonment of that prisoner to 
                identify any areas in need of improvement prior 
                to reentry;
                  (B) generate a skills development plan for 
                each prisoner to monitor skills enhancement and 
                reentry readiness throughout incarceration;
                  (C) determine program assignments for 
                prisoners based on the areas of need identified 
                through the assessment described in 
                subparagraph (A);
                  (D) ensure that priority is given to the 
                reentry needs of high-risk populations, such as 
                sex offenders, career criminals, and prisoners 
                with mental health problems;
                  (E) coordinate and collaborate with other 
                Federal agencies and with State, Tribal, and 
                local criminal justice agencies, community-
                based organizations, and faith-based 
                organizations to help effectuate a seamless 
                reintegration of prisoners into communities;
                  (F) collect information about a prisoner's 
                family relationships, parental 
                responsibilities, and contacts with children to 
                help prisoners maintain important familial 
                relationships and support systems during 
                incarceration and after release from custody; 
                and
                  (G) provide incentives for prisoner 
                participation in skills development programs.
          (2) Incentives for a prisoner who participates in 
        reentry and skills development programs which may, at 
        the discretion of the Director, include--
                  (A) the maximum allowable period in a 
                community confinement facility; and
                  (B) such other incentives as the Director 
                considers appropriate (not including a 
                reduction of the term of imprisonment).
  (b) Identification and Release Assistance for Federal 
Prisoners.--
          (1) Obtaining identification.--The Director shall 
        assist prisoners in obtaining identification prior to 
        release from a term of imprisonment in a Federal prison 
        or if the individual was not sentenced to a term of 
        imprisonment in a Federal prison, prior to release from 
        a sentence to a term in community confinement, 
        including a social security card, driver's license or 
        other official photo identification, and a birth 
        certificate.
          (2) Assistance developing release plan.--At the 
        request of a direct-release prisoner, a representative 
        of the United States Probation System shall, prior to 
        the release of that prisoner, help that prisoner 
        develop a release plan.
          (3) Direct-release prisoner defined.--In this 
        section, the term ``direct-release prisoner'' means a 
        prisoner who is scheduled for release and will not be 
        placed in prerelease custody.
          (4) Definition.--In this subsection, the term 
        ``community confinement'' means residence in a 
        community treatment center, halfway house, restitution 
        center, mental health facility, alcohol or drug 
        rehabilitation center, or other community facility.
  (c) Improved Reentry Procedures for Federal Prisoners.--The 
Attorney General shall take such steps as are necessary to 
modify the procedures and policies of the Department of Justice 
with respect to the transition of offenders from the custody of 
the Bureau of Prisons to the community--
          (1) to enhance case planning and implementation of 
        reentry programs, policies, and guidelines;
          (2) to improve such transition to the community, 
        including placement of such individuals in community 
        corrections facilities; and
          (3) to foster the development of collaborative 
        partnerships with stakeholders at the national, State, 
        and local levels to facilitate the exchange of 
        information and the development of resources to enhance 
        opportunities for successful offender reentry.
  (d) Duties of the Bureau of Prisons.--
          (1) Duties of the bureau of prisons expanded.--
        Section 4042(a) of title 18, United States Code, is 
        amended--
                  (A) in paragraph (4), by striking ``and'' at 
                the end;
                  (B) in paragraph (5), by striking the period 
                and inserting a semicolon; and
                  (C) by adding at the end the following:
                  ``(D) establish prerelease planning 
                procedures that help prisoners--
                          ``(i) apply for Federal and State 
                        benefits upon release (including Social 
                        Security Cards, Social Security 
                        benefits, and veterans' benefits); and
                          ``(ii) secure such identification and 
                        benefits prior to release, subject to 
                        any limitations in law; and
                  ``(E) establish reentry planning procedures 
                that include providing Federal prisoners with 
                information in the following areas:
                          ``(i) Health and nutrition.
                          ``(ii) Employment.
                          ``(iii) Literacy and education.
                          ``(iv) Personal finance and consumer 
                        skills.
                          ``(v) Community resources.
                          ``(vi) Personal growth and 
                        development.
                          ``(vii) Release requirements and 
                        procedures.''.
          (2) Measuring the removal of obstacles to reentry.--
                  (A) Coding required.--The Director shall 
                ensure that each institution within the Bureau 
                of Prisons codes the reentry needs and deficits 
                of prisoners, as identified by an assessment 
                tool that is used to produce an individualized 
                skills development plan for each inmate.
                  (B) Tracking.--In carrying out this 
                paragraph, the Director shall quantitatively 
                track the progress in responding to the reentry 
                needs and deficits of individual inmates.
                  (C) Annual Report.--On an annual basis, the 
                Director shall prepare and submit to the 
                Committee on the Judiciary of the Senate and 
                the Committee on the Judiciary of the House of 
                Representatives a report that documents the 
                progress of the Bureau of Prisons in responding 
                to the reentry needs and deficits of inmates.
                  (D) Evaluation.--The Director shall ensure 
                that--
                          (i) the performance of each 
                        institution within the Bureau of 
                        Prisons in enhancing skills and 
                        resources to assist in reentry is 
                        measured and evaluated using recognized 
                        measurements; and
                          (ii) plans for corrective action are 
                        developed and implemented as necessary.
          (3) Measuring and improving recidivism outcomes.--
                  (A) Annual report required.--
                          (i) In general.--At the end of each 
                        fiscal year, the Director shall submit 
                        to the Committee on the Judiciary of 
                        the Senate and the Committee on the 
                        Judiciary of the House of 
                        Representatives a report containing 
                        statistics demonstrating the relative 
                        reduction in recidivism for inmates 
                        released by the Bureau of Prisons 
                        within that fiscal year and the 2 prior 
                        fiscal years, comparing inmates who 
                        participated in major inmate programs 
                        (including residential drug treatment, 
                        vocational training, and prison 
                        industries) with inmates who did not 
                        participate in such programs. Such 
                        statistics shall be compiled separately 
                        for each such fiscal year.
                          (ii) Scope.--A report under this 
                        paragraph is not required to include 
                        statistics for a fiscal year that 
                        begins before the date of the enactment 
                        of this Act.
                  (B) Measure used.--In preparing the reports 
                required by subparagraph (A), the Director 
                shall, in consultation with the Director of the 
                Bureau of Justice Statistics, select a measure 
                for recidivism (such as rearrest, 
                reincarceration, or any other valid, evidence-
                based measure) that the Director considers 
                appropriate and that is consistent with the 
                research undertaken by the Bureau of Justice 
                Statistics under section 241(b)(6).
                  (C) Goals.--
                          (i) In general.--After the Director 
                        submits the first report required by 
                        subparagraph (A), the Director shall 
                        establish goals for reductions in 
                        recidivism rates and shall work to 
                        attain those goals.
                          (ii) Contents.--The goals established 
                        under clause (i) shall use the relative 
                        reductions in recidivism measured for 
                        the fiscal year covered by the first 
                        report required by subparagraph (A) as 
                        a baseline rate, and shall include--
                                  (I) a 5-year goal to 
                                increase, at a minimum, the 
                                baseline relative reduction 
                                rate of recidivism by 2 
                                percent; and
                                  (II) a 10-year goal to 
                                increase, at a minimum, the 
                                baseline relative reduction 
                                rate of recidivism by 5 percent 
                                within 10 fiscal years.
          (4) Format.--Any written information that the Bureau 
        of Prisons provides to inmates for reentry planning 
        purposes shall use common terminology and language.
          (5) Medical care.--The Bureau of Prisons shall 
        provide the United States Probation and Pretrial 
        Services System with relevant information on the 
        medical care needs and the mental health treatment 
        needs of inmates scheduled for release from custody. 
        The United States Probation and Pretrial Services 
        System shall take this information into account when 
        developing supervision plans in an effort to address 
        the medical care and mental health care needs of such 
        individuals. The Bureau of Prisons shall provide 
        inmates with a sufficient amount of all necessary 
        medications (which will normally consist of, at a 
        minimum, a 2-week supply of such medications) upon 
        release from custody.
  (e) Encouragement of Employment of Former Prisoners.--The 
Attorney General, in consultation with the Secretary of Labor, 
shall take such steps as are necessary to educate employers and 
the one-stop partners and one-stop operators (as such terms are 
defined in section 3 of the Workforce Innovation and 
Opportunity Act) that provide services at any center operated 
under a one-stop delivery system established under section 
121(e) of the Workforce Innovation and Opportunity Act 
regarding incentives (including the Federal bonding program of 
the Department of Labor and tax credits) for hiring former 
Federal, State, or local prisoners.
  (f) Medical Care for Prisoners.--Section 3621 of title 18, 
United States Code, is further amended by adding at the end the 
following new subsection:
  ``(g) Continued Access to Medical Care.--
          ``(1) In general.--In order to ensure a minimum 
        standard of health and habitability, the Bureau of 
        Prisons should ensure that each prisoner in a community 
        confinement facility has access to necessary medical 
        care, mental health care, and medicine through 
        partnerships with local health service providers and 
        transition planning.
          ``(2) Definition.--In this subsection, the term 
        `community confinement' has the meaning given that term 
        in the application notes under section 5F1.1 of the 
        Federal Sentencing Guidelines Manual, as in effect on 
        the date of the enactment of the Second Chance Act of 
        2007.''.
  (g) Elderly and Family Reunification for Certain Nonviolent 
Offenders Pilot Program.--
          (1) Program authorized.--
                  (A) In general.--The Attorney General shall 
                conduct a pilot program to determine the 
                effectiveness of removing eligible elderly 
                offenders and eligible terminally ill offenders 
                from Bureau of Prisons facilities and placing 
                such offenders on home detention until the 
                expiration of the prison term to which the 
                offender was sentenced.
                  (B) Placement in home detention.--In carrying 
                out a pilot program as described in 
                subparagraph (A), the Attorney General may 
                release some or all eligible elderly offenders 
                and eligible terminally ill offenders from 
                Bureau of Prisons facilities to home detention, 
                upon written request from either the Bureau of 
                Prisons or an eligible elderly offender or 
                eligible terminally ill offender.
                  (C) Waiver.--The Attorney General is 
                authorized to waive the requirements of section 
                3624 of title 18, United States Code, as 
                necessary to provide for the release of some or 
                all eligible elderly offenders and eligible 
                terminally ill offenders from Bureau of Prisons 
                facilities to home detention for the purposes 
                of the pilot program under this subsection.
          (2) Violation of terms of home detention.--A 
        violation by an eligible elderly offender or eligible 
        terminally ill offender of the terms of home detention 
        (including the commission of another Federal, State, or 
        local crime) shall result in the removal of that 
        offender from home detention and the return of that 
        offender to the designated Bureau of Prisons 
        institution in which that offender was imprisoned 
        immediately before placement on home detention under 
        paragraph (1), or to another appropriate Bureau of 
        Prisons institution, as determined by the Bureau of 
        Prisons.
          (3) Scope of pilot program.--A pilot program under 
        paragraph (1) shall be conducted through Bureau of 
        Prisons facilities designated by the Attorney General 
        as appropriate for the pilot program and shall be 
        carried out during fiscal years 2019 through 2023.
          (4) Implementation and evaluation.--The Attorney 
        General shall monitor and evaluate each eligible 
        elderly offender or eligible terminally ill offender 
        placed on home detention under this section, and shall 
        report to Congress concerning the experience with the 
        program at the end of the period described in paragraph 
        (3). The Administrative Office of the United States 
        Courts and the United States probation offices shall 
        provide such assistance and carry out such functions as 
        the Attorney General may request in monitoring, 
        supervising, providing services to, and evaluating 
        eligible elderly offenders and eligible terminally ill 
        offenders released to home detention under this 
        section.
          (5) Definitions.--In this section:
                  (A) Eligible elderly offender.--The term 
                ``eligible elderly offender'' means an offender 
                in the custody of the Bureau of Prisons--
                          (i) who is not less than 60 years of 
                        age;
                          (ii) who is serving a term of 
                        imprisonment that is not life 
                        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), 
                        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, and 
                        has served \2/3\ of the term of 
                        imprisonment [to which the offender was 
                        sentenced] reduced by any credit toward 
                        the service of the prisoner's sentence 
                        awarded under section 3624(b) of title 
                        18, United States Code;
                          (iii) who has not been convicted in 
                        the past of any Federal or State crime 
                        of violence, sex offense, or other 
                        offense described in clause (ii);
                          (iv) who has not been determined by 
                        the Bureau of Prisons, on the basis of 
                        information the Bureau uses to make 
                        custody classifications, and in the 
                        sole discretion of the Bureau, to have 
                        a history of violence, or of engaging 
                        in conduct constituting a sex offense 
                        or other offense described in clause 
                        (ii);
                          (v) who has not escaped, or attempted 
                        to escape, from a Bureau of Prisons 
                        institution;
                          (vi) with respect to whom the Bureau 
                        of Prisons has determined that release 
                        to home detention under this section 
                        will result in a substantial net 
                        reduction of costs to the Federal 
                        Government; and
                          (vii) who has been determined by the 
                        Bureau of Prisons to be at no 
                        substantial risk of engaging in 
                        criminal conduct or of endangering any 
                        person or the public if released to 
                        home detention.
                  (B) Home detention.--The term ``home 
                detention'' has the same meaning given the term 
                in the Federal Sentencing Guidelines as of the 
                date of the enactment of this Act, and includes 
                detention in a nursing home or other 
                residential long-term care facility.
                  (C) Term of imprisonment.--The term ``term of 
                imprisonment'' includes multiple terms of 
                imprisonment ordered to run consecutively or 
                concurrently, which shall be treated as a 
                single, aggregate term of imprisonment for 
                purposes of this section.
                  (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(a) 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.
  (h) Authorization for Appropriations for Bureau of Prisons.--
There are authorized to be appropriated to the Attorney General 
to carry out this section, $5,000,000 for each of fiscal years 
2019 through 2023.

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