II 

115TH CONGRESS 

1ST SESSION S. 1917 

To reform sentencing laws and correctional institutions, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 4, 2017 

Mr. GRASSLEY (for himself, Mr. DURBIN, Mr. LEE, Mr. WHITEHOUSE, Mr. 

GRAHAM, Mr. LEAHY, Mr. FLAKE, Mr. BOOKER, Mr. SCOTT, Mrs. FEINSTEIN, and Mr. BLUNT) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

A BILL 

To reform sentencing laws and correctional institutions, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Sentencing Reform and Corrections Act of 2017’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SENTENCING REFORM 

Sec. 101. Reduce and restrict enhanced sentencing for prior drug felonies. 


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Sec. 102. Broadening of existing safety valve. 

Sec. 103. Limitation on application of the 10-year mandatory minimum. 

Sec. 104. Clarification of section 924(c) of title 18, United States Code. 

Sec. 105. Application of Fair Sentencing Act. 

Sec. 106. Mandatory minimum sentences for domestic violence offenses. 

Sec. 107. Minimum term of imprisonment for certain acts relating to the provision of controlled goods or services to terrorists or proliferators 

of weapons of mass destruction. 

Sec. 108. Inventory of Federal criminal offenses. 

Sec. 109. Fentanyl. 

TITLE II—CORRECTIONS ACT 

Sec. 201. Short title. 

Sec. 202. Recidivism reduction programming and productive activities. 

Sec. 203. Post-sentencing risk and needs assessment system. 

Sec. 204. Prerelease custody. 

Sec. 205. Reports. 

Sec. 206. Additional tools to promote recovery and prevent drug and alcohol 

abuse and dependence. 

Sec. 207. Promoting successful reentry. 

Sec. 208. Parole for juveniles. 

Sec. 209. Compassionate release initiative. 

Sec. 210. Juvenile sealing and expungement. 

Sec. 211. Juvenile solitary confinement. 

Sec. 212. Ensuring accuracy of Federal criminal records. 

TITLE III—NATIONAL CRIMINAL JUSTICE COMMISSION ACT 

Sec. 301. Short title. 

Sec. 302. Findings. 

Sec. 303. Establishment of commission. 

Sec. 304. Purpose of the commission. 

Sec. 305. Review, recommendations, and report. 

Sec. 306. Membership. 

Sec. 307. Administration. 

Sec. 308. Funding. 

Sec. 309. Sunset. 

1 TITLE I—SENTENCING REFORM 

2 SEC. 101. REDUCE AND RESTRICT ENHANCED SENTENCING 

3 FOR PRIOR DRUG FELONIES. 

4 (a) CONTROLLED SUBSTANCES ACT AMEND5 MENTS.—The Controlled Substances Act (21 U.S.C. 801 

6 et seq.) is amended— 

7 (1) in section 102 (21 U.S.C. 802), by adding 

8 at the end the following: 


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1 ‘‘(57) The term ‘serious drug felony’ means an 

2 offense described in section 924(e)(2)(A) of title 18, 

3 United States Code, for which— 

4 ‘‘(A) the offender served a term of impris5 onment of more than 12 months; and 

6 ‘‘(B) the offender’s release from any term 

7 of imprisonment was within 15 years of the 

8 commencement of the instant offense. 

9 ‘‘(58) The term ‘serious violent felony’ means— 

10 ‘‘(A) an offense described in section 

11 3559(c)(2)(F) of title 18, United States Code, 

12 for which the offender served a term of impris13 onment of more than 12 months; and 

14 ‘‘(B) any offense that would be a felony 

15 violation of section 113 of title 18, United 

16 States Code, if the offense were committed in 

17 the special maritime and territorial jurisdiction 

18 of the United States, for which the offender 

19 served a term of imprisonment of more than 12 

20 months.’’; and 

21 (2) in section 401(b)(1) (21 U.S.C. 

22 841(b)(1))— 

23 (A) in subparagraph (A), in the flush text 

24 following clause (viii)— 


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1 (i) by striking ‘‘If any person commits 

2 such a violation after a prior conviction for 

3 a felony drug offense has become final, 

4 such person shall be sentenced to a term of 

5 imprisonment which may not be less than 

6 20 years’’ and inserting the following: ‘‘If 

7 any person commits such a violation after 

8 a prior conviction for a serious drug felony 

9 or serious violent felony has become final, 

10 such person shall be sentenced to a term of 

11 imprisonment of not less than 15 years’’; 

12 and 

13 (ii) by striking ‘‘after two or more 

14 prior convictions for a felony drug offense 

15 have become final, such person shall be 

16 sentenced to a mandatory term of life im17 prisonment without release’’ and inserting 

18 the following: ‘‘after 2 or more prior con19 victions for a serious drug felony or serious 

20 violent felony have become final, such per21 son shall be sentenced to a term of impris22 onment of not less than 25 years’’; and 

23 (B) in subparagraph (B), in the flush text 

24 following clause (viii), by striking ‘‘If any per25 son commits such a violation after a prior conVerDate Sep 11 2014 22:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1917.IS S1917

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1 viction for a felony drug offense has become 

2 final’’ and inserting the following: ‘‘If any per3 son commits such a violation after a prior con4 viction for a serious drug felony or serious vio5 lent felony has become final’’. 

6 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

7 ACT AMENDMENTS.—Section 1010(b) of the Controlled 

8 Substances Import and Export Act (21 U.S.C. 960(b)) is 

9 amended— 

10 (1) in paragraph (1), in the flush text following 

11 subparagraph (H), by striking ‘‘If any person com12 mits such a violation after a prior conviction for a 

13 felony drug offense has become final, such person 

14 shall be sentenced to a term of imprisonment of not 

15 less than 20 years’’ and inserting ‘‘If any person 

16 commits such a violation after a prior conviction for 

17 a serious drug felony or serious violent felony has 

18 become final, such person shall be sentenced to a 

19 term of imprisonment of not less than 15 years’’; 

20 and 

21 (2) in paragraph (2), in the flush text following 

22 subparagraph (H), by striking ‘‘felony drug offense’’ 

23 and inserting ‘‘serious drug felony or serious violent 

24 felony’’. 

25 (c) APPLICABILITY TO PENDING AND PAST CASES.— 


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1 (1) PENDING CASES.—This section, and the 

2 amendments made by this section, shall apply to any 

3 offense that was committed before the date of enact4 ment of this Act, if a sentence for the offense has 

5 not been imposed as of such date of enactment. 

6 (2) PAST CASES.— 

7 (A) SENTENCE REDUCTION.— 

8 (i) IN GENERAL.—In the case of a de9 fendant who, before the date of enactment 

10 of this Act, was convicted of an offense for 

11 which the penalty is amended by this sec12 tion and was sentenced to a term of im13 prisonment for the offense, a term of im14 prisonment may be reduced only if— 

15 (I) the defendant has not been 

16 convicted of any serious violent felony; 

17 and 

18 (II) the sentencing court, on mo19 tion of the defendant or the Director 

20 of the Bureau of Prisons, or on its 

21 own motion, upon prior notice to the 

22 Government, after considering the fac23 tors set forth in section 3553(a) of 

24 title 18, United States Code, the na25 ture and seriousness of the danger to 


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1 any person, the community, or any 

2 crime victims, and the post-sentencing 

3 conduct of the defendant, finds a re4 duction is consistent with this section 

5 and the amendments made by this 

6 section. 

7 (ii) REQUIREMENT.—Any proceeding 

8 under this subparagraph shall be subject to 

9 section 3771 of title 18, United States 

10 Code (commonly known as the ‘‘Crime Vic11 tims Rights Act’’). 

12 (B) REQUIREMENT.—For each motion 

13 filed under subparagraph (A), the Government 

14 shall conduct a particularized inquiry of the 

15 facts and circumstances of the original sen16 tencing of the defendant in order to assess 

17 whether a reduction in sentence would be con18 sistent with this section and the amendments 

19 made by this section, including a review of any 

20 prior criminal conduct or any other relevant in21 formation from Federal, State, and local au22 thorities. 

23 SEC. 102. BROADENING OF EXISTING SAFETY VALVE. 

24 (a) AMENDMENTS.—Section 3553 of title 18, United 

25 States Code, is amended— 


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1 (1) in subsection (f)— 

2 (A) in the matter preceding paragraph 

3 (1)— 

4 (i) by striking ‘‘or section 1010’’ and 

5 inserting ‘‘, section 1010’’; and 

6 (ii) by inserting ‘‘, or section 70503 or 

7 70506 of title 46’’ after ‘‘963)’’; 

8 (B) by striking paragraph (1) and insert9 ing the following: 

10 ‘‘(1) the defendant does not have— 

11 ‘‘(A) more than 4 criminal history points, 

12 excluding any criminal history points resulting 

13 from a 1-point offense, as determined under the 

14 sentencing guidelines; 

15 ‘‘(B) a prior 3-point offense, as determined 

16 under the sentencing guidelines; and 

17 ‘‘(C) a prior 2-point violent offense, as de18 termined under the sentencing guidelines;’’; and 

19 (C) after paragraph (5), by inserting the 

20 following: 

21 ‘‘Information disclosed by a defendant under this sub22 section may not be used to enhance the sentence of the 

23 defendant unless the information relates to a violent of24 fense.’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(g) INADEQUACY OF CRIMINAL HISTORY.— 

2 ‘‘(1) IN GENERAL.—If subsection (f) does not 

3 apply to a defendant because the defendant does not 

4 meet the requirements described in subsection (f)(1) 

5 (relating to criminal history), the court may, upon 

6 prior notice to the Government, waive subsection 

7 (f)(1) if the court specifies in writing the specific 

8 reasons why reliable information indicates that ex9 cluding the defendant pursuant to subsection (f)(1) 

10 substantially overrepresents the seriousness of the 

11 defendant’s criminal history or the likelihood that 

12 the defendant will commit other crimes. 

13 ‘‘(2) PROHIBITION.—This subsection shall not 

14 apply to any defendant who has been convicted of a 

15 serious drug felony or a serious violent felony as de16 fined in paragraphs (57) and (58), respectively, of 

17 section 102 of the Controlled Substances Act (21 

18 U.S.C. 802). 

19 ‘‘(h) DEFINITION OF VIOLENT OFFENSE.—As used 

20 in this section, the term ‘violent offense’ means a ‘crime 

21 of violence’, as defined in section 16, that is punishable 

22 by imprisonment.’’. 

23 (b) APPLICABILITY.—The amendments made by this 

24 section shall apply only to a conviction entered on or after 

25 the date of enactment of this Act. 


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1 SEC. 103. LIMITATION ON APPLICATION OF THE 10-YEAR 

2 MANDATORY MINIMUM. 

3 (a) AMENDMENT.—Section 3553 of title 18, United 

4 States Code, as amended by section 102, is amended by 

5 adding at the end the following: 

6 ‘‘(i) LIMITATION ON APPLICABILITY OF CERTAIN

7 STATUTORY MINIMUMS.—Notwithstanding any other pro8 vision of law, in the case of a conviction under section 401 

9 or 406 of the Controlled Substances Act (21 U.S.C. 841 

10 and 846), section 1010 or 1013 of the Controlled Sub11 stances Import and Export Act (21 U.S.C. 960 and 963), 

12 or section 70503 or 70506 of title 46, for which the statu13 tory minimum term of imprisonment is 10 years, the court 

14 may impose a sentence as if the statutory minimum term 

15 of imprisonment was 5 years, if the court finds at sen16 tencing, after the Government has been afforded the op17 portunity to make a recommendation, that— 

18 ‘‘(1) the defendant does not have a prior convic19 tion for a serious drug felony or serious violent fel20 ony as defined in paragraphs (57) and (58), respec21 tively, of section 102 of the Controlled Substances 

22 Act (21 U.S.C. 802) that was made final prior to 

23 the commission of the instant offense; 

24 ‘‘(2) the defendant did not use violence or cred25 ible threats of violence or possess a firearm or other 

26 dangerous weapon (or induce another participant to 


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1 do so) in connection with the offense, and the of2 fense did not result in death or serious bodily injury 

3 to any person; 

4 ‘‘(3) the defendant was not an organizer, lead5 er, manager, or supervisor of other participants in 

6 the offense, as determined under the sentencing 

7 guidelines; 

8 ‘‘(4) the defendant did not act as an importer, 

9 exporter, or high-level distributor or supplier, a 

10 wholesaler, or a manufacturer of the controlled sub11 stances involved in the offense or engage in a con12 tinuing criminal enterprise, as defined in section 408 

13 of the Controlled Substances Act (21 U.S.C. 848), 

14 unless the defendant was a minor or minimal partic15 ipant, as determined under the sentencing guide16 lines; 

17 ‘‘(5) the defendant did not distribute a con18 trolled substance to or with a person under 18 years 

19 of age; and 

20 ‘‘(6) not later than the time of the sentencing 

21 hearing, the defendant has truthfully provided to the 

22 Government all information and evidence the defend23 ant has concerning the offense or offenses that were 

24 part of the same course of conduct or of a common 

25 scheme or plan, but the fact that the defendant has 


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1 no relevant or useful other information to provide or 

2 that the Government is already aware of the infor3 mation shall not preclude a determination by the 

4 court that the defendant has complied with this re5 quirement. 

6 Information disclosed by a defendant under this sub7 section may not be used to enhance the sentence of the 

8 defendant unless the information relates to a violent of9 fense. 

10 ‘‘(j) DEFINITIONS.—As used in subsection (i) of this 

11 section— 

12 ‘‘(1) the term ‘importer, exporter, or high-level 

13 distributor or supplier’— 

14 ‘‘(A) means a defendant who imported, ex15 ported, or otherwise distributed or supplied 

16 large quantities of a controlled substance to 

17 other drug distributors; and 

18 ‘‘(B) does not include a defendant whose 

19 role was limited to transporting drugs or money 

20 at the direction of others; 

21 ‘‘(2) the term ‘manufacturer’ means a defend22 ant who grew, produced, or manufactured a con23 trolled substance and was the principal owner of 

24 such controlled substance; and 


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1 ‘‘(3) the term ‘wholesaler’ means a defendant 

2 who sold non-retail quantities of a controlled sub3 stance to other dealers or distributors.’’. 

4 (b) APPLICABILITY.—The amendment made by this 

5 section shall apply only to a conviction entered on or after 

6 the date of enactment of this Act. 

7 SEC. 104. CLARIFICATION OF SECTION 924(c) OF TITLE 18, 

8 UNITED STATES CODE. 

9 (a) IN GENERAL.—Section 924(c)(1)(C) of title 18, 

10 United States Code, is amended, in the matter preceding 

11 clause (i), by striking ‘‘second or subsequent conviction 

12 under this subsection’’ and inserting ‘‘violation of this sub13 section that occurs after a prior conviction under this sub14 section has become final’’. 

15 (b) APPLICABILITY TO PENDING AND PAST CASES.— 

16 (1) PENDING CASES.—This section, and the 

17 amendments made by this section, shall apply to any 

18 offense that was committed before the date of enact19 ment of this Act, if a sentence for the offense has 

20 not been imposed as of such date of enactment. 

21 (2) PAST CASES.— 

22 (A) SENTENCE REDUCTION.— 

23 (i) IN GENERAL.—In the case of a de24 fendant who, before the date of enactment 

25 of this Act, was convicted of an offense for 


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1 which the penalty is amended by this sec2 tion and was sentenced to a term of im3 prisonment for the offense, a term of im4 prisonment may be reduced only if— 

5 (I) the instant violation was for a 

6 drug trafficking offense that did not 

7 involve a violation of clause (ii) or (iii) 

8 of section 924(c)(1)(A) of title 18, 

9 United States Code; 

10 (II) the defendant has not other11 wise been convicted of any serious vio12 lent felony; and 

13 (III) the sentencing court, on 

14 motion of the defendant or the Direc15 tor of the Bureau of Prisons, or on its 

16 own motion, upon prior notice to the 

17 Government, after considering the fac18 tors set forth in section 3553(a) of 

19 title 18, United States Code, the na20 ture and seriousness of the danger to 

21 any person, the community, or any 

22 crime victims, and the post-sentencing 

23 conduct of the defendant, finds a re24 duction is consistent with this section 


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1 and the amendments made by this 

2 section. 

3 (ii) REQUIREMENT.—Any proceeding 

4 under this subparagraph shall be subject to 

5 section 3771 of title 18, United States 

6 Code (commonly known as the ‘‘Crime Vic7 tims’ Rights Act’’). 

8 (B) REQUIREMENT.—For each motion 

9 filed under subparagraph (A), the Government 

10 shall conduct a particularized inquiry of the 

11 facts and circumstances of the original sen12 tencing of the defendant in order to assess 

13 whether a reduction in sentence would be con14 sistent with this section and the amendments 

15 made by this section, including a review of any 

16 prior criminal conduct or any other relevant in17 formation from Federal, State, and local au18 thorities. 

19 SEC. 105. APPLICATION OF FAIR SENTENCING ACT. 

20 (a) DEFINITION OF COVERED OFFENSE.—In this 

21 section, the term ‘‘covered offense’’ means a violation of 

22 a Federal criminal statute, the statutory penalties for 

23 which were modified by section 2 or 3 of the Fair Sen24 tencing Act of 2010 (Public Law 111–220; 124 Stat. 

25 2372), that was committed before August 3, 2010. 


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1 (b) DEFENDANTS PREVIOUSLY SENTENCED.—A 

2 court that imposed a sentence for a covered offense, may, 

3 on motion of the defendant, the Director of the Bureau 

4 of Prisons, the attorney for the Government, or the court, 

5 impose a reduced sentence as if sections 2 and 3 of the 

6 Fair Sentencing Act of 2010 (Public Law 111–220; 124 

7 Stat. 2372) were in effect at the time the covered offense 

8 was committed. 

9 (c) LIMITATIONS.—No court shall entertain a motion 

10 made under this section to reduce a sentence if the sen11 tence was previously imposed or previously reduced in ac12 cordance with the amendments made by sections 2 and 

13 3 of the Fair Sentencing Act of 2010 (Public Law 111– 

14 220; 124 Stat. 2372) or if a previous motion made under 

15 this section to reduce the sentence was, after the date of 

16 enactment of this Act, denied after a complete review of 

17 the motion on the merits. Nothing in this section shall 

18 be construed to require a court to reduce any sentence 

19 pursuant to this section. 

20 SEC. 106. MANDATORY MINIMUM SENTENCES FOR DOMES21 TIC VIOLENCE OFFENSES. 

22 Section 2261(b) of title 18, United States Code, is 

23 amended by striking paragraphs (1), (2), and (3) and in24 serting the following: 

25 ‘‘(1) if death of the victim results— 


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1 ‘‘(A) in the case of a violation of this sec2 tion, for any term of years not less than 10 or 

3 for life; and 

4 ‘‘(B) in the case of a violation of section 

5 2261A, for life or any term of years; 

6 ‘‘(2) if permanent disfigurement or life threat7 ening bodily injury to the victim results— 

8 ‘‘(A) in the case of a violation of this sec9 tion, for not more than 25 years; and 

10 ‘‘(B) in the case of a violation of section 

11 2261A, for not more than 20 years; 

12 ‘‘(3) if serious bodily injury to the victim results 

13 or if the offender uses a dangerous weapon during 

14 the offense— 

15 ‘‘(A) in the case of a violation of this sec16 tion, for not more than 15 years; and 

17 ‘‘(B) in the case of a violation of section 

18 2261A, for not more than 10 years;’’. 

19 SEC. 107. MINIMUM TERM OF IMPRISONMENT FOR CER20 TAIN ACTS RELATING TO THE PROVISION OF 

21 CONTROLLED GOODS OR SERVICES TO TER22 RORISTS OR PROLIFERATORS OF WEAPONS 

23 OF MASS DESTRUCTION. 

24 Section 206 of the International Emergency Eco25 nomic Powers Act (50 U.S.C. 1705) is amended— 


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1 (1) in subsection (c), by striking ‘‘A person’’ 

2 and inserting ‘‘Subject to subsection (d), a person’’; 

3 and 

4 (2) by adding at the end the following: 

5 ‘‘(d) MINIMUM TERM OF IMPRISONMENT FOR CER6 TAIN ACTS RELATING TO THE PROVISION OF CON7 TROLLED GOODS OR SERVICES TO TERRORISTS OR

8 PROLIFERATORS OF WEAPONS OF MASS DESTRUC9 TION.— 

10 ‘‘(1) IN GENERAL.—A person who willfully com11 mits, willfully attempts to commit, or willfully con12 spires to commit, solicits the commission of, or aids 

13 or abets in the commission of, an unlawful act de14 scribed in paragraph (2) shall, upon conviction, be 

15 imprisoned for a term of not less than 5 years. Not16 withstanding any other provision of law, a court 

17 shall not place on probation any person sentenced 

18 under this subsection. 

19 ‘‘(2) UNLAWFUL ACTS DESCRIBED.—An unlaw20 ful act described in this paragraph is an unlawful 

21 act described in subsection (a) that involves— 

22 ‘‘(A) the provision of controlled goods or 

23 services to or for the use of— 

24 ‘‘(i) a state sponsor of terrorism; 


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1 ‘‘(ii) an organization designated as a 

2 foreign terrorist organization under section 

3 219(a) of the Immigration and Nationality 

4 Act (8 U.S.C. 1189(a)); or 

5 ‘‘(iii) a person on the list of specially 

6 designated nationals and blocked persons 

7 maintained by the Office of Foreign Assets 

8 Control of the Department of the Treas9 ury; 

10 ‘‘(B) the provision of goods or services, 

11 without a license or other written approval of 

12 the United States Government, to any person in 

13 connection with a program or effort of a foreign 

14 country or foreign person to develop weapons of 

15 mass destruction; or 

16 ‘‘(C) the provision of defense articles or de17 fense services, without a license or other written 

18 approval of the Department of State, to, or for 

19 the use of, a country subject to an arms embar20 go by the United States. 

21 ‘‘(3) DEFINITIONS.—In this subsection: 

22 ‘‘(A) CONTROLLED GOODS OR SERVICES.— 

23 The term ‘controlled goods or services’ means 

24 any article, item, technical data, service, or 

25 technology listed or included in— 


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1 ‘‘(i) the United States Munitions List 

2 maintained pursuant to part 121 of title 

3 22, Code of Federal Regulations; 

4 ‘‘(ii) the Commerce Control List 

5 maintained pursuant to part 774 of title 

6 15, Code of Federal Regulations; or 

7 ‘‘(iii) any successor to the United 

8 States Munitions List or the Commerce 

9 Control List. 

10 ‘‘(B) COUNTRY SUBJECT TO AN ARMS EM11 BARGO.—The term ‘country subject to an arms 

12 embargo’ means any foreign country listed in 

13 section 126.1 of title 22, Code of Federal Regu14 lations (or any corresponding similar regulation 

15 or ruling), for which— 

16 ‘‘(i) an embargo or prohibition exists 

17 on the export of defense articles or defense 

18 services; or 

19 ‘‘(ii) the policy of the United States is 

20 to deny licenses and other approvals for 

21 the export of defense articles and defense 

22 services. 

23 ‘‘(C) DEFENSE ARTICLE; DEFENSE SERV24 ICE.—The terms ‘defense article’ and ‘defense 

25 service’ have the meanings given those terms in 


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1 section 47 of the Arms Export Control Act (22 

2 U.S.C. 2794). 

3 ‘‘(D) STATE SPONSOR OF TERRORISM.— 

4 The term ‘state sponsor of terrorism’ means 

5 any foreign country, or political subdivision, 

6 agency, or instrumentality of a foreign country, 

7 if the Secretary of State has determined that 

8 the government of the country has repeatedly 

9 provided support for acts of international ter10 rorism pursuant to— 

11 ‘‘(i) section 6(j)(1)(A) of the Export 

12 Administration Act of 1979 (50 U.S.C. 

13 App. 2405(j)(1)(A)) (as in effect pursuant 

14 to this Act); 

15 ‘‘(ii) section 40(d) of the Arms Export 

16 Control Act (22 U.S.C. 2780(d)); 

17 ‘‘(iii) section 620A(a) of the Foreign 

18 Assistance Act of 1961 (22 U.S.C. 

19 2371(a)); or 

20 ‘‘(iv) any other provision of law. 

21 ‘‘(E) WEAPON OF MASS DESTRUCTION.— 

22 The term ‘weapon of mass destruction’ has the 

23 meaning given that term in section 2332a of 

24 title 18, United States Code.’’. 


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1 SEC. 108. INVENTORY OF FEDERAL CRIMINAL OFFENSES. 

2 (a) DEFINITIONS.—In this section— 

3 (1) the term ‘‘criminal regulatory offense’’ 

4 means a Federal regulation that is enforceable by a 

5 criminal penalty; 

6 (2) the term ‘‘criminal statutory offense’’ 

7 means a criminal offense under a Federal statute; 

8 and 

9 (3) the term ‘‘Executive agency’’— 

10 (A) has the meaning given the term in sec11 tion 105 of title 5, United States Code; and 

12 (B) includes the United States Postal 

13 Service and the Postal Regulatory Commission. 

14 (b) REPORT ON CRIMINAL STATUTORY OFFENSES.— 

15 Not later than 1 year after the date of enactment of this 

16 Act, the Attorney General shall submit to the Committee 

17 on the Judiciary of the Senate and the Committee on the 

18 Judiciary of the House of Representatives a report, which 

19 shall include— 

20 (1) a list of all criminal statutory offenses, in21 cluding a list of the elements for each criminal stat22 utory offense; and 

23 (2) for each criminal statutory offense listed 

24 under paragraph (1) and organized by Federal dis25 trict where applicable— 


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1 (A) the potential criminal penalty for the 

2 criminal statutory offense; 

3 (B) the number of violations of the crimi4 nal statutory offense referred to the Depart5 ment of Justice by an Executive agency for 

6 prosecution, including referrals from investiga7 tive agencies of the Department of Justice, in 

8 each of the years during the 15-year period pre9 ceding the date of enactment of this Act; 

10 (C) the number of prosecutions for the 

11 criminal statutory offense brought by the De12 partment of Justice each year for the 15-year 

13 period preceding the date of enactment of this 

14 Act; 

15 (D) the number of prosecutions for the 

16 criminal statutory offense brought by the De17 partment of Justice that have resulted in con18 viction for each year of the 15-year period pre19 ceding the date of enactment of this Act; 

20 (E) the number of convictions for the 

21 criminal statutory offense that have resulted in 

22 imprisonment for each year of the 15-year pe23 riod preceding the date of enactment of this 

24 Act; 


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1 (F) the average length of sentence of im2 prisonment imposed as a result of conviction for 

3 the criminal statutory offense during each year 

4 of the 15-year period preceding the date of en5 actment of this Act; 

6 (G) the mens rea requirement for the 

7 criminal statutory offense; and 

8 (H) the number of prosecutions for the 

9 criminal statutory offense in which the Depart10 ment of Justice was not required to prove mens 

11 rea as a component of the offense. 

12 (c) REPORT ON CRIMINAL REGULATORY OF13 FENSES.—Not later than 1 year after the date of enact14 ment of this Act, the head of each Executive agency shall 

15 submit to the Committee on the Judiciary of the Senate 

16 and the Committee on the Judiciary of the House of Rep17 resentatives a report, which shall include— 

18 (1) a list of all criminal regulatory offenses en19 forceable by the agency; and 

20 (2) for each criminal regulatory offense listed 

21 under paragraph (1)— 

22 (A) the potential criminal penalty for a 

23 violation of the criminal regulatory offense; 

24 (B) the number of violations of the crimi25 nal regulatory offense referred to the DepartVerDate Sep 11 2014 22:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1917.IS S1917

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1 ment of Justice for prosecution in each of the 

2 years during the 15-year period preceding the 

3 date of enactment of this Act; 

4 (C) the number of prosecutions for the 

5 criminal regulatory offense brought by the De6 partment of Justice each year for the 15-year 

7 period preceding the date of enactment of this 

8 Act; 

9 (D) the number of prosecutions for the 

10 criminal regulatory offense brought by the De11 partment of Justice that have resulted in con12 viction for each year of the 15-year period pre13 ceding the date of enactment of this Act; 

14 (E) the number of convictions for the 

15 criminal regulatory offense that have resulted in 

16 imprisonment for each year of the 15-year pe17 riod preceding the date of enactment of this 

18 Act; 

19 (F) the average length of sentence of im20 prisonment imposed as a result of conviction for 

21 the criminal regulatory offense during each year 

22 of the 15-year period preceding the date of en23 actment of this Act; 

24 (G) the mens rea requirement for the 

25 criminal regulatory offense; and 


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1 (H) the number of prosecutions for the 

2 criminal regulatory offense in which the De3 partment of Justice was not required to prove 

4 mens rea as a component of the offense. 

5 (d) INDEX.—Not later than 2 years after the date 

6 of enactment of this Act— 

7 (1) the Attorney General shall establish a pub8 lically accessible index of each criminal statutory of9 fense listed in the report required under subsection 

10 (b) and make the index available and freely acces11 sible on the website of the Department of Justice; 

12 and 

13 (2) the head of each Executive agency shall es14 tablish a publically accessible index of each criminal 

15 regulatory offense listed in the report required under 

16 subsection (c) and make the index available and 

17 freely accessible on the website of the agency. 

18 (e) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed to require or authorize appropria20 tions. 

21 SEC. 109. FENTANYL. 

22 (a) CONTROLLED SUBSTANCES ACT AMENDMENT.— 

23 Section 401(b) of the Controlled Substances Act (21 

24 U.S.C. 841(b)) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(8)(A) In the case of a violation of subsection (a), 

2 if the mixture or substance containing a detectable 

3 amount of heroin also contains a detectable amount of N4 phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide 

5 or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4- 

6 piperidinyl] propanamide, then a court shall— 

7 ‘‘(i) not impose a term of probation; and 

8 ‘‘(ii) in addition to the term of punishment for 

9 the violation of this section, impose a term of impris10 onment not to exceed 5 years. 

11 ‘‘(B) A term of imprisonment imposed on a person 

12 under subparagraph (A)(ii) may not run concurrently with 

13 any term of imprisonment imposed on the person under 

14 any other provision of law. 

15 ‘‘(9)(A) In the case of a violation of subsection (a), 

16 if the mixture or substance containing a detectable 

17 amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 

18 propanamide or any analogue of N-phenyl-N-[1-(2- 

19 phenylethyl)-4-piperidinyl] propanamide was represented 

20 to be or sold as heroin, then a court shall— 

21 ‘‘(i) not impose a term of probation; and 

22 ‘‘(ii) in addition to the term of punishment for 

23 the violation of this section, impose a term of impris24 onment not to exceed 5 years. 


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1 ‘‘(B) A term of imprisonment imposed on a person 

2 under subparagraph (A)(ii) may not run concurrently with 

3 any term of imprisonment imposed on the person under 

4 any other provision of law.’’. 

5 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

6 ACT AMENDMENT.—Section 1010(b) of the Controlled 

7 Substances Import and Export Act (21 U.S.C. 960(b)) is 

8 amended by adding at the end the following: 

9 ‘‘(8)(A) In the case of a violation of subsection (a), 

10 if the mixture or substance containing a detectable 

11 amount of heroin also contains a detectable amount of N12 phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide 

13 or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4- 

14 piperidinyl] propanamide, then a court shall— 

15 ‘‘(i) not impose a term of probation; and 

16 ‘‘(ii) in addition to the term of punishment for 

17 the violation of this section, impose a term of impris18 onment not to exceed 5 years. 

19 ‘‘(B) A term of imprisonment imposed on a person 

20 under subparagraph (A)(ii) may not run concurrently with 

21 any term of imprisonment imposed on the person under 

22 any other provision of law. 

23 ‘‘(9)(A) In the case of a violation of subsection (a), 

24 if the mixture or substance containing a detectable 

25 amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 


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1 propanamide or any analogue of N-phenyl-N-[1-(2- 

2 phenylethyl)-4-piperidinyl] propanamide was represented 

3 to be or sold as heroin, then a court shall— 

4 ‘‘(i) not impose a term of probation; and 

5 ‘‘(ii) in addition to the term of punishment for 

6 the violation of this section, impose a term of impris7 onment not to exceed 5 years. 

8 ‘‘(B) A term of imprisonment imposed on a person 

9 under subparagraph (A)(ii) may not run concurrently with 

10 any term of imprisonment imposed on the person under 

11 any other provision of law.’’. 

12 TITLE II—CORRECTIONS ACT 

13 SEC. 201. SHORT TITLE. 

14 This title may be cited as the ‘‘Corrections Oversight, 

15 Recidivism Reduction, and Eliminating Costs for Tax16 payers In Our National System Act of 2017’’ or the 

17 ‘‘CORRECTIONS Act’’. 

18 SEC. 202. RECIDIVISM REDUCTION PROGRAMMING AND 

19 PRODUCTIVE ACTIVITIES. 

20 (a) IN GENERAL.—Not later than 1 year after the 

21 date of enactment of this Act, the Attorney General 

22 shall— 

23 (1) conduct a review of recidivism reduction 

24 programming and productive activities, including 

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1 cluding programming and activities offered in State 

2 correctional institutions, which shall include a review 

3 of research on the effectiveness of such programs; 

4 (2) conduct a survey to identify products, in5 cluding products purchased by Federal agencies, 

6 that are currently manufactured overseas and could 

7 be manufactured by prisoners participating in a 

8 prison work program without reducing job opportu9 nities for other workers in the United States; and 

10 (3) submit to the Committee on the Judiciary 

11 and the Committee on Appropriations of the Senate 

12 and the Committee on the Judiciary and the Com13 mittee on Appropriations of the House of Represent14 atives a strategic plan for the expansion of recidi15 vism reduction programming and productive activi16 ties, including prison jobs, in Bureau of Prisons fa17 cilities required by section 3621(h)(1) of title 18, 

18 United States Code, as added by subsection (b). 

19 (b) AMENDMENT.—Section 3621 of title 18, United 

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘(h) RECIDIVISM REDUCTION PROGRAMMING AND

23 PRODUCTIVE ACTIVITIES.— 

24 ‘‘(1) IN GENERAL.—The Director of the Bureau 

25 of Prisons, shall, subject to the availability of approVerDate Sep 11 2014 22:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1917.IS S1917

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1 priations, make available to all eligible prisoners ap2 propriate recidivism reduction programming or pro3 ductive activities, including prison jobs, in accord4 ance with paragraph (2). 

5 ‘‘(2) EXPANSION PERIOD.— 

6 ‘‘(A) IN GENERAL.—In carrying out this 

7 subsection, the Director of the Bureau of Pris8 ons shall have 6 years beginning on the date of 

9 enactment of this subsection to ensure appro10 priate recidivism reduction programming and 

11 productive activities, including prison jobs, are 

12 available for all eligible prisoners. 

13 ‘‘(B) CERTIFICATION.— 

14 ‘‘(i) IN GENERAL.—The National In15 stitute of Corrections shall evaluate all re16 cidivism reduction programming or produc17 tive activities that are made available to el18 igible prisoners and determine whether 

19 such programming or activities may be cer20 tified as evidence-based and effective at re21 ducing or mitigating offender risk and re22 cidivism. 

23 ‘‘(ii) CONSIDERATIONS.—In deter24 mining whether or not to issue a certifi25 cation under clause (i), the National InstiVerDate Sep 11 2014 22:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1917.IS S1917

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1 tute of Corrections shall consult with inter2 nal or external program evaluation experts, 

3 including the Office of Management and 

4 Budget and the Comptroller General of the 

5 United States to identify appropriate eval6 uation methodologies for each type of pro7 gram offered, and may use analyses of 

8 similar programs conducted in other cor9 rectional settings. 

10 ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— 

11 Not later than 18 months after the date of enact12 ment of this subsection, the Attorney General shall 

13 issue regulations requiring the official in charge of 

14 each correctional facility to ensure, subject to the 

15 availability of appropriations, that appropriate re16 cidivism reduction programming and productive ac17 tivities, including prison jobs, are available for all el18 igible prisoners within the time period specified in 

19 paragraph (2), by entering into partnerships with 

20 the following: 

21 ‘‘(A) Nonprofit and other private organiza22 tions, including faith-based and community23 based organizations, that provide recidivism re24 duction programming, on a paid or volunteer 

25 basis. 


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1 ‘‘(B) Educational institutions that will de2 liver academic classes in Bureau of Prisons fa3 cilities, on a paid or volunteer basis. 

4 ‘‘(C) Nonprofit or other private organiza5 tions, including faith-based and community6 based organizations, that will— 

7 ‘‘(i) deliver occupational and voca8 tional training and certifications in Bureau 

9 of Prisons facilities; 

10 ‘‘(ii) provide equipment to facilitate 

11 occupational and vocational training or em12 ployment opportunities for prisoners; 

13 ‘‘(iii) employ prisoners; or 

14 ‘‘(iv) assist prisoners in prerelease 

15 custody or supervised release in finding 

16 employment. 

17 ‘‘(D) Industry-sponsored organizations 

18 that deliver workforce development and training 

19 that lead to recognized certification and employ20 ment. 

21 ‘‘(4) ASSIGNMENTS.—In assigning prisoners to 

22 recidivism reduction programming and productive 

23 activities, the Director of the Bureau of Prisons 

24 shall use the Post-Sentencing Risk and Needs AsVerDate Sep 11 2014 22:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1917.IS S1917

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1 sessment System described in section 3621A and 

2 shall ensure that— 

3 ‘‘(A) to the extent practicable, prisoners 

4 are separated from prisoners of other risk clas5 sifications in accordance with best practices for 

6 effective recidivism reduction; 

7 ‘‘(B) a prisoner who has been classified as 

8 low risk and without need for recidivism reduc9 tion programming shall participate in and suc10 cessfully complete productive activities, includ11 ing prison jobs, in order to maintain a low-risk 

12 classification; 

13 ‘‘(C) a prisoner who has successfully com14 pleted all recidivism reduction programming to 

15 which the prisoner was assigned shall partici16 pate in productive activities, including a prison 

17 job; and 

18 ‘‘(D) to the extent practicable, each eligible 

19 prisoner shall participate in and successfully 

20 complete recidivism reduction programming or 

21 productive activities, including prison jobs, 

22 throughout the entire term of incarceration of 

23 the prisoner. 

24 ‘‘(5) MENTORING SERVICES.—Any person who 

25 provided mentoring services to a prisoner while the 


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1 prisoner was in a penal or correctional facility of the 

2 Bureau of Prisons shall be permitted to continue 

3 such services after the prisoner has been transferred 

4 into prerelease custody, unless the person in charge 

5 of the penal or correctional facility of the Bureau of 

6 Prisons demonstrates, in a written document sub7 mitted to the person, that such services would be a 

8 significant security risk to the prisoner, persons who 

9 provide such services, or any other person. 

10 ‘‘(6) RECIDIVISM REDUCTION PROGRAM INCEN11 TIVES AND REWARDS.—Prisoners who have success12 fully completed recidivism reduction programs and 

13 productive activities shall be eligible for the fol14 lowing: 

15 ‘‘(A) TIME CREDITS.— 

16 ‘‘(i) IN GENERAL.—Subject to clauses 

17 (ii) and (iii), a prisoner who has success18 fully completed a recidivism reduction pro19 gram or productive activity that has been 

20 certified under paragraph (2)(B) shall re21 ceive time credits of 5 days for each period 

22 of 30 days of successful completion of such 

23 program or activity. A prisoner who is 

24 classified as low risk shall receive addi25 tional time credits of 5 days for each peVerDate Sep 11 2014 22:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1917.IS S1917

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1 riod of 30 days of successful completion of 

2 such program or activity. 

3 ‘‘(ii) AVAILABILITY.—A prisoner may 

4 not receive time credits under this sub5 paragraph for successfully completing a re6 cidivism reduction program or productive 

7 activity— 

8 ‘‘(I) before the date of enactment 

9 of this subsection; or 

10 ‘‘(II) during official detention be11 fore the date on which the prisoner’s 

12 sentence commences under section 

13 3585(a). 

14 ‘‘(iii) EXCLUSIONS.—No credit shall 

15 be awarded under this subparagraph to a 

16 prisoner serving a sentence for a second or 

17 subsequent conviction for a Federal offense 

18 imposed after the date on which the pris19 oner’s first such conviction became final, 

20 which shall not include any offense under 

21 section 1152 or section 1153 for which the 

22 prisoner was sentenced to less than 13 

23 months. No credit shall be awarded under 

24 this subparagraph to a prisoner with 13 or 

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1 mined under the sentencing guidelines, at 

2 the time of sentencing, unless the court de3 termines in writing at sentencing that the 

4 defendant’s criminal history category sub5 stantially overrepresents the seriousness of 

6 the defendant’s criminal history or the 

7 likelihood that the defendant will commit 

8 other crimes and exercises its authority to 

9 lower the defendant’s criminal history cat10 egory. No credit shall be awarded under 

11 this subparagraph to any prisoner serving 

12 a sentence of imprisonment for conviction 

13 for any of the following offenses: 

14 ‘‘(I) A Federal crime of ter15 rorism, as defined under section 

16 2332b(g)(5). 

17 ‘‘(II) A Federal crime of violence, 

18 as defined under section 16. 

19 ‘‘(III) A Federal sex offense, as 

20 described in section 111 of the Sex 

21 Offender Registration and Notifica22 tion Act (34 U.S.C. 20911). 

23 ‘‘(IV) Engaging in a continuing 

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1 tion 408 of the Controlled Substances 

2 Act (21 U.S.C. 848). 

3 ‘‘(V) A Federal fraud offense for 

4 which the prisoner received a sentence 

5 of imprisonment of more than 15 

6 years. 

7 ‘‘(VI) A Federal crime involving 

8 child exploitation, as defined in sec9 tion 2 of the PROTECT Our Children 

10 Act of 2008 (34 U.S.C. 21101). 

11 ‘‘(VII) A violation of— 

12 ‘‘(aa) chapter 11 (relating to 

13 bribery, graft, and conflicts of in14 terest); 

15 ‘‘(bb) chapter 29 (relating to 

16 elections and political activities); 

17 ‘‘(cc) section 1028A, 1031, 

18 or 1040 (relating to fraud); 

19 ‘‘(dd) chapter 63 involving a 

20 scheme or artifice to deprive an21 other of the intangible right of 

22 honest services; 

23 ‘‘(ee) chapter 73 (relating to 

24 obstruction of justice); 


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1 ‘‘(ff) chapter 95 or 96 (re2 lating to racketeering and rack3 eteer influenced and corrupt or4 ganizations); or 

5 ‘‘(gg) chapter 110 (relating 

6 to sexual exploitation and other 

7 abuse of children). 

8 ‘‘(iv) IDENTIFICATION OF COVERED

9 OFFENSES.—Not later than 1 year after 

10 the date of enactment of this subsection, 

11 the United States Sentencing Commission 

12 shall prepare and submit to the Director of 

13 the Bureau of Prisons a list of all Federal 

14 offenses described in subclauses (I) 

15 through (VII) of clause (iii), and shall up16 date such list on an annual basis. 

17 ‘‘(B) OTHER INCENTIVES.—The Bureau of 

18 Prisons shall develop policies to provide appro19 priate incentives for successful completion of re20 cidivism reduction programming and productive 

21 activities, other than time credit pursuant to 

22 subparagraph (A), including incentives for pris23 oners who are precluded from earning credit 

24 under subparagraph (A)(iii). Such incentives 

25 may include additional telephone or visitation 


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1 privileges for use with family, close friends, 

2 mentors, and religious leaders. 

3 ‘‘(C) PENALTIES.—The Bureau of Prisons 

4 may reduce rewards a prisoner has previously 

5 earned under subparagraph (A) for prisoners 

6 who violate the rules of the penal or correc7 tional facility in which the prisoner is impris8 oned, a recidivism reduction program, or a pro9 ductive activity. 

10 ‘‘(D) RELATION TO OTHER INCENTIVE

11 PROGRAMS.—The incentives described in this 

12 paragraph shall be in addition to any other re13 wards or incentives for which a prisoner may be 

14 eligible, except that a prisoner shall not be eligi15 ble for the time credits described in subpara16 graph (A) if the prisoner has accrued time cred17 its under another provision of law based solely 

18 upon participation in, or successful completion 

19 of, such program. 

20 ‘‘(7) SUCCESSFUL COMPLETION.—For purposes 

21 of this subsection, a prisoner— 

22 ‘‘(A) shall be considered to have success23 fully completed a recidivism reduction program 

24 or productive activity, if the Bureau of Prisons 

25 determines that the prisoner— 


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1 ‘‘(i) regularly attended and partici2 pated in the recidivism reduction program 

3 or productive activity; 

4 ‘‘(ii) regularly completed assignments 

5 or tasks in a manner that allowed the pris6 oner to realize the criminogenic benefits of 

7 the recidivism reduction program or pro8 ductive activity; 

9 ‘‘(iii) did not regularly engage in dis10 ruptive behavior that seriously undermined 

11 the administration of the recidivism reduc12 tion program or productive activity; and 

13 ‘‘(iv) satisfied the requirements of 

14 clauses (i) through (iii) for a time period 

15 that is not less than 30 days and allowed 

16 the prisoner to realize the criminogenic 

17 benefits of the recidivism reduction pro18 gram or productive activity; and 

19 ‘‘(B) for purposes of paragraph (6)(A), 

20 may be given credit for successful completion of 

21 a recidivism reduction program or productive 

22 activity for the time period during which the 

23 prisoner participated in such program or activ24 ity if the prisoner satisfied the requirements of 

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1 withstanding that the prisoner continues to par2 ticipate in such program or activity. 

3 ‘‘(8) DEFINITIONS.—In this subsection: 

4 ‘‘(A) ELIGIBLE PRISONER.—The term ‘eli5 gible prisoner’ means— 

6 ‘‘(i) an individual who has been sen7 tenced to a term of imprisonment pursuant 

8 to a conviction for a Federal criminal of9 fense; or 

10 ‘‘(ii) an individual within the custody 

11 of the Bureau of Prisons, including an in12 dividual in a Bureau of Prisons contracted 

13 facility. 

14 ‘‘(B) PRODUCTIVE ACTIVITY.—The term 

15 ‘productive activity’— 

16 ‘‘(i) means a group or individual ac17 tivity, including holding a job as part of a 

18 prison work program, that is designed to 

19 allow prisoners classified as having a lower 

20 risk of recidivism to maintain such classi21 fication, when offered to such prisoners; 

22 and 

23 ‘‘(ii) may include the delivery of the 

24 activities described in subparagraph 

25 (C)(i)(II) to other prisoners. 


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1 ‘‘(C) RECIDIVISM REDUCTION PROGRAM.— 

2 The term ‘recidivism reduction program’ 

3 means— 

4 ‘‘(i) a group or individual activity 

5 that— 

6 ‘‘(I) has been certified to reduce 

7 recidivism or promote successful re8 entry; and 

9 ‘‘(II) may include— 

10 ‘‘(aa) classes on social learn11 ing and life skills; 

12 ‘‘(bb) classes on morals or 

13 ethics; 

14 ‘‘(cc) academic classes; 

15 ‘‘(dd) cognitive behavioral 

16 treatment; 

17 ‘‘(ee) mentoring; 

18 ‘‘(ff) occupational and voca19 tional training; 

20 ‘‘(gg) faith-based classes or 

21 services; 

22 ‘‘(hh) domestic violence edu23 cation and deterrence program24 ming; 


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1 ‘‘(ii) victim-impact classes or 

2 other restorative justice pro3 grams; 

4 ‘‘(jj) industry-sponsored 

5 workforce development, edu6 cation, or training; and 

7 ‘‘(kk) a prison job; and 

8 ‘‘(ii) shall include— 

9 ‘‘(I) a productive activity; and 

10 ‘‘(II) recovery programming. 

11 ‘‘(D) RECOVERY PROGRAMMING.—The 

12 term ‘recovery programming’ means a course of 

13 instruction or activities, other than a course de14 scribed in subsection (e), that has been dem15 onstrated to reduce drug or alcohol abuse or de16 pendence among participants, or to promote re17 covery among individuals who have previously 

18 abused alcohol or drugs, to include appropriate 

19 medication-assisted treatment.’’. 

20 (c) NO CONSIDERATION OF EARNED TIME CREDIT

21 ELIGIBILITY DURING SENTENCING.— 

22 (1) IN GENERAL.—Section 3553 of title 18, 

23 United States Code, as amended by sections 102 

24 and 103 of this Act, is amended— 


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1 (A) by redesignating subsections (b) 

2 through (j) as subsections (c) through (k), re3 spectively; 

4 (B) in subsection (e)(3), as so redesig5 nated, by striking ‘‘subsection (c)’’ and insert6 ing ‘‘subsection (d)’’; and 

7 (C) by inserting after subsection (a) the 

8 following: 

9 ‘‘(b) In imposing a sentence, the court shall not con10 sider the defendant’s eligibility or potential eligibility for 

11 credit under section 3621(e), 3621(h), or 3624(b) or any 

12 similar provision of law, but shall not be prohibited from 

13 informing the defendant of the existence of such credits 

14 or related programs.’’. 

15 (2) TECHNICAL AND CONFORMING AMEND16 MENTS.—Section 3742 of title 18, United States 

17 Code, is amended— 

18 (A) in subsection (e)(3)— 

19 (i) in subparagraph (A), by striking 

20 ‘‘section 3553(c)’’ and inserting ‘‘section 

21 3553(d)’’; 

22 (ii) in subparagraph (B)(ii), by strik23 ing ‘‘section 3553(b)’’ and inserting ‘‘sec24 tion 3553(c)’’; and 


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1 (iii) in subparagraph (C), by striking 

2 ‘‘section 3553(c)’’ and inserting ‘‘section 

3 3553(d)’’; 

4 (B) in subsection (g)(2), by striking ‘‘sec5 tion 3553(c)’’ and inserting ‘‘section 3553(d)’’; 

6 and 

7 (C) in subsection (j)(1)(B), by striking 

8 ‘‘section 3553(b)’’ and inserting ‘‘section 

9 3553(c)’’. 

10 SEC. 203. POST-SENTENCING RISK AND NEEDS ASSESS11 MENT SYSTEM. 

12 (a) IN GENERAL.—Subchapter C of chapter 229 of 

13 title 18, United States Code, is amended by inserting after 

14 section 3621 the following: 

15 ‘‘§ 3621A. Post-sentencing risk and needs assessment 

16 system 

17 ‘‘(a) IN GENERAL.—Not later than 30 months after 

18 the date of the enactment of this section, the Attorney 

19 General shall develop for use by the Bureau of Prisons 

20 an offender risk and needs assessment system, to be 

21 known as the ‘Post-Sentencing Risk and Needs Assess22 ment System’ or the ‘Assessment System’, which shall— 

23 ‘‘(1) assess and determine the recidivism risk 

24 level of all prisoners and classify each prisoner as 

25 having a low, moderate, or high risk of recidivism; 


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1 ‘‘(2) to the extent practicable, assess and deter2 mine the risk of violence of all prisoners; 

3 ‘‘(3) ensure that, to the extent practicable, low4 risk prisoners are grouped together in housing and 

5 assignment decisions; 

6 ‘‘(4) assign each prisoner to appropriate recidi7 vism reduction programs or productive activities 

8 based on the prisoner’s risk level and the specific 

9 criminogenic needs of the prisoner, and in accord10 ance with section 3621(h)(4); 

11 ‘‘(5) reassess and update the recidivism risk 

12 level and programmatic needs of each prisoner pur13 suant to the schedule set forth in subsection (c)(2), 

14 and assess changes in the prisoner’s recidivism risk 

15 within a particular risk level; and 

16 ‘‘(6) provide information on best practices con17 cerning the tailoring of recidivism reduction pro18 grams to the specific criminogenic needs of each 

19 prisoner so as to effectively lower the prisoner’s risk 

20 of recidivating. 

21 ‘‘(b) DEVELOPMENT OF SYSTEM.— 

22 ‘‘(1) IN GENERAL.—In designing the Assess23 ment System, the Attorney General shall— 


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1 ‘‘(A) use available research and best prac2 tices in the field and consult with academic and 

3 other criminal justice experts as appropriate; 

4 ‘‘(B) ensure that the Assessment System 

5 measures indicators of progress and improve6 ment, and of regression, including newly ac7 quired skills, attitude, and behavior changes 

8 over time, through meaningful consideration of 

9 dynamic risk factors, such that— 

10 ‘‘(i) all prisoners at each risk level 

11 other than low risk have a meaningful op12 portunity to progress to a lower risk classi13 fication during the period of the incarcer14 ation of the prisoner through changes in 

15 dynamic risk factors; and 

16 ‘‘(ii) all prisoners on prerelease cus17 tody, other than prisoners classified as low 

18 risk, have a meaningful opportunity to 

19 progress to a lower risk classification dur20 ing such custody through changes in dy21 namic risk factors; 

22 ‘‘(C) ensure that the Assessment System is 

23 adjusted on a regular basis, but not less fre24 quently than every 3 years, to take account of 


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1 the best statistical evidence of effectiveness in 

2 reducing recidivism rates; and 

3 ‘‘(D) ensure that the Assessment System 

4 does not result in unwarranted disparities, in5 cluding by— 

6 ‘‘(i) regularly evaluating rates of re7 cidivism among similarly classified pris8 oners to identify any unwarranted dispari9 ties in such rates, including disparities 

10 among similarly classified prisoners of dif11 ferent racial groups; and 

12 ‘‘(ii) adjusting the Assessment System 

13 to reduce such disparities to the greatest 

14 extent possible. 

15 ‘‘(2) RISK AND NEEDS ASSESSMENT TOOLS.— 

16 In carrying out this subsection, the Attorney Gen17 eral shall— 

18 ‘‘(A) develop a suitable intake assessment 

19 tool to perform the initial assessments and de20 terminations described in subsection (a)(1), and 

21 to make the assignments described in para22 graphs (3) and (4) of subsection (a); 

23 ‘‘(B) develop a suitable reassessment tool 

24 to perform the reassessments and updates de25 scribed in subsection (a)(5); and 


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1 ‘‘(C) develop a suitable tool to assess the 

2 recidivism risk level of prisoners in prerelease 

3 custody. 

4 ‘‘(3) USE OF EXISTING RISK AND NEEDS AS5 SESSMENT TOOLS PERMITTED.—In carrying out this 

6 subsection, the Attorney General may use existing 

7 risk and needs assessment tools, as appropriate, for 

8 the assessment tools required under paragraph (2). 

9 ‘‘(4) USE OF PRESENTENCE REPORT.—In car10 rying out this subsection, the Attorney General shall 

11 coordinate with the United States Probation and 

12 Pretrial Services to ensure that the findings of the 

13 Presentence Report of each offender are available 

14 and considered in the Assessment System. 

15 ‘‘(5) VALIDATION.—In carrying out this sub16 section, the Attorney General shall statistically vali17 date the risk and needs assessment tools on the Fed18 eral prison population, or ensure that the tools have 

19 been so validated. To the extent such validation can20 not be completed with the time period specified in 

21 subsection (a), the Attorney General shall ensure 

22 that such validation is completed as soon as is prac23 ticable. 

24 ‘‘(6) RELATIONSHIP WITH EXISTING CLASSI25 FICATION SYSTEMS.—The Bureau of Prisons may 


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1 incorporate its existing Inmate Classification System 

2 into the Assessment System if the Assessment Sys3 tem assesses the risk level and criminogenic needs of 

4 each prisoner and determines the appropriate secu5 rity level institution for each prisoner. Before the de6 velopment of the Assessment System, the Bureau of 

7 Prisons may use the existing Inmate Classification 

8 System, or a pre-existing risk and needs assessment 

9 tool that can be used to classify prisoners consistent 

10 with subsection (a)(1), or can be reasonably adapted 

11 for such purpose, for purposes of this section, sec12 tion 3621(h), and section 3624(c). 

13 ‘‘(c) RISK ASSESSMENT.— 

14 ‘‘(1) INITIAL ASSESSMENTS.—Not later than 30 

15 months after the date on which the Attorney Gen16 eral develops the Assessment System, the Bureau of 

17 Prisons shall determine the risk level and 

18 criminogenic needs of each prisoner using the As19 sessment System. 

20 ‘‘(2) REASSESSMENTS AND UPDATES.—The Bu21 reau of Prisons shall update the assessment of each 

22 prisoner required under paragraph (1)— 

23 ‘‘(A) not less frequently than once each 

24 year for any prisoner whose anticipated release 

25 date is within 3 years; 


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1 ‘‘(B) not less frequently than once every 2 

2 years for any prisoner whose anticipated release 

3 date is within 10 years; and 

4 ‘‘(C) not less frequently than once every 3 

5 years for any other prisoner. 

6 ‘‘(d) ASSIGNMENT OF RECIDIVISM REDUCTION PRO7 GRAMS OR PRODUCTIVE ACTIVITIES.—The Assessment 

8 System shall provide guidance on the kind and amount 

9 of recidivism reduction programming or productive activi10 ties appropriate for each prisoner. 

11 ‘‘(e) BUREAU OF PRISONS TRAINING.—The Attorney 

12 General shall develop training protocols and programs for 

13 Bureau of Prisons officials and employees responsible for 

14 administering the Assessment System. Such training pro15 tocols shall include a requirement that personnel of the 

16 Bureau of Prisons demonstrate competence in using the 

17 methodology and procedure developed under this section 

18 on a regular basis. 

19 ‘‘(f) INFORMATION FROM PRESENTENCE REPORT.— 

20 The Attorney General shall ensure that the Bureau of 

21 Prisons uses relevant information from the Presentence 

22 Report of each offenders when conducting an assessment 

23 under this section. 

24 ‘‘(g) QUALITY ASSURANCE.—In order to ensure that 

25 the Bureau of Prisons is using the Assessment System in 


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1 an appropriate and consistent manner, the Attorney Gen2 eral shall monitor and assess the use of the Assessment 

3 System and shall conduct periodic audits of the use of the 

4 Assessment System at facilities of the Bureau of Prisons. 

5 ‘‘(h) DETERMINATIONS AND CLASSIFICATIONS

6 UNREVIEWABLE.—Subject to any constitutional limita7 tions, there shall be no right of review, right of appeal, 

8 cognizable property interest, or cause of action, either ad9 ministrative or judicial, arising from any determination or 

10 classification made by any Federal agency or employee 

11 while implementing or administering the Assessment Sys12 tem, or any rules or regulations promulgated under this 

13 section. 

14 ‘‘(i) DEFINITIONS.—In this section: 

15 ‘‘(1) DYNAMIC RISK FACTOR.—The term ‘dy16 namic risk factor’ means a characteristic or at17 tribute that has been shown to be relevant to assess18 ing risk of recidivism and that can be modified 

19 based on a prisoner’s actions, behaviors, or atti20 tudes, including through completion of appropriate 

21 programming or other means, in a prison setting. 

22 ‘‘(2) RECIDIVISM RISK.—The term ‘recidivism 

23 risk’ means the likelihood that a prisoner will com24 mit additional crimes for which the prisoner could be 


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1 prosecuted in a Federal, State, or local court in the 

2 United States. 

3 ‘‘(3) RECIDIVISM REDUCTION PROGRAM; PRO4 DUCTIVE ACTIVITY; RECOVERY PROGRAMMING.—The 

5 terms ‘recidivism reduction program’, ‘productive ac6 tivity’, and ‘recovery programming’ shall have the 

7 meaning given such terms in section 3621(h)(8).’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

9 The table of sections for subchapter C of chapter 229 of 

10 title 18, United States Code, is amended by inserting after 

11 the item relating to section 3621 the following: 

‘‘3621A. Post-sentencing risk and needs assessment system.’’. 

12 SEC. 204. PRERELEASE CUSTODY. 

13 (a) IN GENERAL.—Section 3624(c) of title 18, 

14 United States Code, is amended— 

15 (1) in paragraph (1), by striking the period at 

16 the end of the second sentence and inserting ‘‘or 

17 home confinement, subject to the limitation that no 

18 prisoner may serve more than 10 percent of the pris19 oner’s imposed sentence in home confinement pursu20 ant to this paragraph.’’; 

21 (2) by striking paragraphs (2) and (3) and in22 serting the following: 

23 ‘‘(2) CREDIT FOR RECIDIVISM REDUCTION.— 

24 Notwithstanding the 10 percent limit described in 

25 paragraph (1) and in addition to any time spent in 


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1 prerelease custody pursuant to paragraph (1), a 

2 prisoner shall spend an additional portion of the 

3 final months of the prisoner’s sentence, equivalent to 

4 the amount of time credit the prisoner has earned 

5 pursuant to section 3621(h)(6)(A), in prerelease cus6 tody, if— 

7 ‘‘(A) the prisoner’s most recent risk and 

8 needs assessment, conducted within 1 year of 

9 the date on which the prisoner would first be el10 igible for transfer to prerelease custody pursu11 ant to paragraph (1) and this paragraph, re12 flects that the prisoner is classified as low or 

13 moderate risk; and 

14 ‘‘(B) for a prisoner classified as moderate 

15 risk, the prisoner’s most recent risk and needs 

16 assessment reflects that the prisoner’s risk of 

17 recidivism has declined during the period of the 

18 prisoner’s incarceration. 

19 ‘‘(3) TYPES OF PRERELEASE CUSTODY.—A 

20 prisoner eligible to serve a portion of the prisoner’s 

21 sentence in prerelease custody pursuant to para22 graph (2) may serve such portion in a residential re23 entry center, on home confinement, or, subject to 

24 paragraph (5), on community supervision.’’; 


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1 (3) by redesignating paragraphs (4) through 

2 (6) as paragraphs (9) through (11), respectively; 

3 (4) by inserting the following after paragraph 

4 (3): 

5 ‘‘(4) HOME CONFINEMENT.— 

6 ‘‘(A) IN GENERAL.—Upon placement in 

7 home confinement pursuant to paragraph (2), a 

8 prisoner shall— 

9 ‘‘(i) be subject to 24-hour electronic 

10 monitoring that enables the prompt identi11 fication of any violation of clause (ii); 

12 ‘‘(ii) remain in the prisoner’s resi13 dence, with the exception of the following 

14 activities, subject to approval by the Direc15 tor of the Bureau of Prisons— 

16 ‘‘(I) participation in a job, job17 seeking activities, or job-related activi18 ties, including an apprenticeship; 

19 ‘‘(II) participation in recidivism 

20 reduction programming or productive 

21 activities assigned by the Post-Sen22 tencing Risk and Needs Assessment 

23 System, or similar activities approved 

24 in advance by the Director of the Bu25 reau of Prisons; 


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1 ‘‘(III) participation in community 

2 service; 

3 ‘‘(IV) crime victim restoration ac4 tivities; 

5 ‘‘(V) medical treatment; or 

6 ‘‘(VI) religious activities; and 

7 ‘‘(iii) comply with such other condi8 tions as the Director of the Bureau of 

9 Prisons deems appropriate. 

10 ‘‘(B) ALTERNATIVE MEANS OF MONI11 TORING.—If compliance with subparagraph 

12 (A)(i) is infeasible due to technical limitations 

13 or religious considerations, the Director of the 

14 Bureau of Prisons may employ alternative 

15 means of monitoring that are determined to be 

16 as effective or more effective than electronic 

17 monitoring. 

18 ‘‘(C) MODIFICATIONS.—The Director of 

19 the Bureau of Prisons may modify the condi20 tions of the prisoner’s home confinement for 

21 compelling reasons, if the prisoner’s record 

22 demonstrates exemplary compliance with such 

23 conditions. 

24 ‘‘(5) COMMUNITY SUPERVISION.— 


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1 ‘‘(A) TIME CREDIT LESS THAN 36

2 MONTHS.—Any prisoner described in subpara3 graph (D) who has earned time credit of less 

4 than 36 months pursuant to section 

5 3621(h)(6)(A) shall be eligible to serve no more 

6 than one-half of the amount of such credit on 

7 community supervision, if the prisoner satisfies 

8 the conditions set forth in subparagraph (C). 

9 ‘‘(B) TIME CREDIT OF 36 MONTHS OR

10 MORE.—Any prisoner described in subpara11 graph (D) who has earned time credit of 36 

12 months or more pursuant to section 

13 3621(h)(6)(A) shall be eligible to serve the 

14 amount of such credit exceeding 18 months on 

15 community supervision, if the prisoner satisfies 

16 the conditions set forth in subparagraph (C). 

17 ‘‘(C) CONDITIONS OF COMMUNITY SUPER18 VISION.—A prisoner placed on community su19 pervision shall be subject to such conditions as 

20 the Director of the Bureau of Prisons deems 

21 appropriate. A prisoner on community super22 vision may remain on community supervision 

23 until the conclusion of the prisoner’s sentence 

24 of incarceration if the prisoner— 


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1 ‘‘(i) complies with all conditions of 

2 prerelease custody; 

3 ‘‘(ii) remains current on any financial 

4 obligations imposed as part of the pris5 oner’s sentence, including payments of 

6 court-ordered restitution arising from the 

7 offense of conviction; and 

8 ‘‘(iii) refrains from committing any 

9 State, local, or Federal offense. 

10 ‘‘(D) COVERED PRISONERS.—A prisoner 

11 described in this subparagraph is a prisoner 

12 who— 

13 ‘‘(i) is classified as low risk by the 

14 Post-Sentencing Risk and Needs Assess15 ment System in the assessment conducted 

16 for purposes of paragraph (2); or 

17 ‘‘(ii) is subsequently classified as low 

18 risk by the Post-Sentencing Risk and 

19 Needs Assessment System. 

20 ‘‘(6) VIOLATIONS.—If a prisoner violates a con21 dition of the prisoner’s prerelease custody, the Di22 rector of the Bureau of Prisons may revoke the pris23 oner’s prerelease custody and require the prisoner to 

24 serve the remainder of the prisoner’s term of incar25 ceration, or any portion thereof, in prison, or impose 


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1 additional conditions on the prisoner’s prerelease 

2 custody as the Director of the Bureau of Prisons 

3 deems appropriate. If the violation is nontechnical in 

4 nature, the Director of the Bureau of Prisons shall 

5 revoke the prisoner’s prerelease custody. 

6 ‘‘(7) CREDIT FOR PRERELEASE CUSTODY.— 

7 Upon completion of a prisoner’s sentence, any term 

8 of supervised release imposed on the prisoner shall 

9 be reduced by the amount of time the prisoner 

10 served in prerelease custody pursuant to paragraph 

11 (2). 

12 ‘‘(8) AGREEMENTS WITH UNITED STATES PRO13 BATION AND PRETRIAL SERVICES.—The Director of 

14 the Bureau of Prisons shall, to the greatest extent 

15 practicable, enter into agreements with the United 

16 States Probation and Pretrial Services to supervise 

17 prisoners placed in home confinement or community 

18 supervision under this subsection. Such agreements 

19 shall authorize United States Probation and Pretrial 

20 Services to exercise the authority granted to the Di21 rector of the Bureau of Prisons pursuant to para22 graphs (4), (5), and (12). Such agreements shall 

23 take into account the resource requirements of 

24 United States Probation and Pretrial Services as a 

25 result of the transfer of Bureau of Prisons inmates 


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1 to prerelease custody and shall provide for the trans2 fer of monetary sums necessary to comply with such 

3 requirements. United States Probation and Pretrial 

4 Services shall, to the greatest extent practicable, 

5 offer assistance to any prisoner not under its super6 vision during prerelease custody under this sub7 section.’’; and 

8 (5) by inserting at the end the following: 

9 ‘‘(12) DETERMINATION OF APPROPRIATE CON10 DITIONS FOR PRERELEASE CUSTODY.—In deter11 mining appropriate conditions for prerelease custody 

12 pursuant to this subsection, and in accordance with 

13 paragraph (5), the Director of the Bureau of Pris14 ons shall, to the extent practicable, subject prisoners 

15 who demonstrate continued compliance with the re16 quirements of such prerelease custody to increas17 ingly less restrictive conditions, so as to most effec18 tively prepare such prisoners for reentry. No pris19 oner shall be transferred to community supervision 

20 unless the length of the prisoner’s eligibility for com21 munity supervision pursuant to paragraph (5) is 

22 equivalent to or greater than the length of the pris23 oner’s remaining period of prerelease custody. 

24 ‘‘(13) ALIENS SUBJECT TO DEPORTATION.—If 

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1 dered as a condition of supervised release or who is 

2 subject to a detainer filed by Immigration and Cus3 toms Enforcement for the purposes of determining 

4 the alien’s deportability, the Director of the Bureau 

5 of Prisons shall, upon the prisoner’s transfer to 

6 prerelease custody pursuant to paragraphs (1) and 

7 (2), deliver the prisoner to United States Immigra8 tion and Customs Enforcement for the purpose of 

9 conducting proceedings relating to the alien’s depor10 tation. 

11 ‘‘(14) NOTICE OF TRANSFER TO PRERELEASE

12 CUSTODY.— 

13 ‘‘(A) IN GENERAL.—The Director of the 

14 Bureau of Prisons may not transfer a prisoner 

15 to prerelease custody pursuant to paragraph (2) 

16 if the prisoner has been sentenced to a term of 

17 incarceration of more than 3 years, unless the 

18 Director of the Bureau of Prisons provides 

19 prior notice to the sentencing court and the 

20 United States Attorney’s Office for the district 

21 in which the prisoner was sentenced. 

22 ‘‘(B) TIME REQUIREMENT.—The notice re23 quired under subparagraph (A) shall be pro24 vided not later than 6 months before the date 

25 on which the prisoner is to be transferred. 


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1 ‘‘(C) CONTENTS OF NOTICE.—The notice 

2 required under subparagraph (A) shall include 

3 the following information: 

4 ‘‘(i) The amount of credit earned pur5 suant to paragraph (2). 

6 ‘‘(ii) The anticipated date of the pris7 oner’s transfer. 

8 ‘‘(iii) The nature of the prisoner’s 

9 planned prerelease custody. 

10 ‘‘(iv) The prisoner’s behavioral record. 

11 ‘‘(v) The most recent risk assessment 

12 of the prisoner. 

13 ‘‘(D) HEARING.— 

14 ‘‘(i) IN GENERAL.—On motion of the 

15 Government, the sentencing court may 

16 conduct a hearing on the prisoner’s trans17 fer to prerelease custody. 

18 ‘‘(ii) PRISONER’S PRESENCE.—The 

19 prisoner shall have the right to be present 

20 at a hearing described in clause (i), unless 

21 the prisoner waives such right. The re22 quirement under this clause may be satis23 fied by the defendant appearing by video 

24 teleconference. 


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1 ‘‘(iii) MOTION.—A motion filed by the 

2 Government seeking a hearing— 

3 ‘‘(I) shall set forth the basis for 

4 the Government’s request that the 

5 prisoner’s transfer be denied or modi6 fied pursuant to subparagraph (E); 

7 and 

8 ‘‘(II) shall not require the Court 

9 to conduct a hearing described in 

10 clause (i). 

11 ‘‘(iv) JUSTICE DEPARTMENT REVIEW

12 OF TRANSFERS TO PRERELEASE CUS13 TODY.—If the Department of Justice does 

14 not seek a hearing under this subpara15 graph to deny or modify a prisoner’s trans16 fer to prerelease custody, the Department 

17 of Justice prior to such transfer shall 

18 make a determination to that effect in 

19 writing, including the reasons for that de20 termination. 

21 ‘‘(E) DETERMINATION OF THE COURT.— 

22 The court may deny the transfer of the prisoner 

23 to prerelease custody or modify the terms of 

24 such transfer, if, after conducting a hearing 

25 pursuant to subparagraph (D), the court finds 


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1 in writing, by a preponderance of the evidence, 

2 that the transfer of the prisoner is inconsistent 

3 with the factors specified in paragraphs (2), 

4 (6), and (7) of section 3553(a).’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect 1 year after the date of enact7 ment of this Act. 

8 SEC. 205. REPORTS. 

9 (a) ANNUAL REPORTS.— 

10 (1) REPORTS.—Not later than 1 year after the 

11 date of enactment of this Act, and each year there12 after, the Attorney General, in coordination with the 

13 Comptroller General of the United States, shall sub14 mit to the appropriate committees of Congress a re15 port that contains the following: 

16 (A) A summary of the activities and ac17 complishments of the Attorney General in car18 rying out this title and the amendments made 

19 by this title. 

20 (B) An assessment of the status and use 

21 of the Post-Sentencing Risk and Needs Assess22 ment System developed under section 3621A of 

23 title 18, United States Code, as added by this 

24 title, by the Bureau of Prisons, including the 

25 number of prisoners classified at each risk level 


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1 under the Post-Sentencing Risk and Needs As2 sessment System at each facility of the Bureau 

3 of Prisons. 

4 (C) A summary and assessment of the 

5 types and effectiveness of the recidivism reduc6 tion programs and productive activities in facili7 ties operated by the Bureau of Prisons, includ8 ing— 

9 (i) evidence about which programs 

10 and activities have been shown to reduce 

11 recidivism; 

12 (ii) the capacity of each program and 

13 activity at each facility, including the num14 ber of prisoners along with the risk level of 

15 each prisoner enrolled in each program and 

16 activity; and 

17 (iii) identification of any problems or 

18 shortages in capacity of the programs and 

19 activities, and how those problems or 

20 shortages in capacity should be remedied. 

21 (D) An assessment of budgetary savings 

22 resulting from this Act and the amendments 

23 made by this Act, including— 

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1 oners into prerelease custody under this 

2 title and the amendments made by this 

3 title, including savings resulting from the 

4 avoidance or deferral of future construc5 tion, acquisition, or operations costs; 

6 (ii) a summary of the amount of sav7 ings resulting from any decrease in recidi8 vism that may be attributed to the imple9 mentation of the Post-Sentencing Risk and 

10 Needs Assessment System or the increase 

11 in recidivism reduction programs and pro12 ductive activities required by this title and 

13 the amendments made by this title; 

14 (iii) a strategy to reinvest the savings 

15 described in clauses (i) and (ii) in other— 

16 (I) Federal, State, and local law 

17 enforcement activities; and 

18 (II) expansions of recidivism re19 duction programs and productive ac20 tivities in the Bureau of Prisons; and 

21 (iv) a description of how the reduced 

22 expenditures on Federal corrections and 

23 the budgetary savings resulting from this 

24 Act, and the amendments made by this 


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1 Act, are currently being used and will be 

2 used to— 

3 (I) increase investment in law en4 forcement and crime prevention to 

5 combat gangs of national significance 

6 and high-level drug traffickers 

7 through the High Intensity Drug 

8 Trafficking Areas Program and other 

9 task forces; 

10 (II) hire, train, and equip law en11 forcement officers and prosecutors; 

12 and 

13 (III) promote crime reduction 

14 programs using evidence-based prac15 tices and strategic planning to help 

16 reduce crime and criminal recidivism. 

17 (2) REINVESTMENT OF SAVINGS TO FUND PUB18 LIC SAFETY PROGRAMMING.— 

19 (A) IN GENERAL.—Beginning in the first 

20 fiscal year after the first report is submitted 

21 under paragraph (1), and each fiscal year 

22 thereafter, the Attorney General shall— 

23 (i) determine the covered amount for 

24 the previous fiscal year in accordance with 

25 subparagraph (B); and 


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1 (ii) use an amount of funds appro2 priated to the Department of Justice that 

3 is not less than 90 percent of the covered 

4 amount for the purposes described in sub5 paragraph (C). 

6 (B) COVERED AMOUNT.—For purposes of 

7 this paragraph, the term ‘‘covered amount’’ 

8 means, using the most recent report submitted 

9 under paragraph (1), the amount equal to the 

10 sum of— 

11 (i) the amount described in clause (i) 

12 of paragraph (1)(D) for the fiscal year; 

13 and 

14 (ii) the amount described in clause (ii) 

15 of paragraph (1)(D) for the fiscal year. 

16 (C) USE OF FUNDS.—The funds described 

17 in subparagraph (A)(ii) shall be used, con18 sistent with clause (iii) of paragraph (1)(D), to 

19 achieve each of the following objectives: 

20 (i) Ensure that, not later than 6 years 

21 after the date of enactment of this Act, re22 cidivism reduction programs or productive 

23 activities are available to all eligible pris24 oners, as defined in section 3621(h)(8) of 


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1 title 18, United States Code, as added by 

2 this title. 

3 (ii) Ensure compliance with the re4 source needs of United States Probation 

5 and Pretrial Services resulting from an 

6 agreement under section 3624(c)(8) of title 

7 18, United States Code, as added by this 

8 title. 

9 (iii) Supplement funding for programs 

10 that increase public safety by providing re11 sources to State and local law enforcement 

12 officials, including for the adoption of in13 novative technologies and information 

14 sharing capabilities. 

15 (b) PRISON WORK PROGRAMS REPORT.—Not later 

16 than 180 days after the date of enactment of this Act, 

17 the Attorney General shall submit to the appropriate com18 mittees of Congress a report on the status of prison work 

19 programs at facilities operated by the Bureau of Prisons, 

20 including— 

21 (1) a strategy to expand the availability of 

22 those programs without reducing job opportunities 

23 for workers in the United States who are not in the 

24 custody of the Bureau of Prisons; 


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1 (2) an assessment of the feasibility of expand2 ing those programs, consistent with the strategy re3 quired under paragraph (1), so that, not later than 

4 5 years after the date of enactment of this Act, not 

5 less than 75 percent of eligible low-risk offenders 

6 have the opportunity to participate in a prison work 

7 program for not less than 20 hours per week; and 

8 (3) a detailed discussion of legal authorities 

9 that would be useful or necessary to achieve the 

10 goals described in paragraphs (1) and (2). 

11 (c) REPORTING ON RECIDIVISM RATES.— 

12 (1) IN GENERAL.—Beginning 1 year after the 

13 date of enactment of this Act, and each year there14 after, the Attorney General, in consultation with the 

15 Administrative Office of the United States Courts, 

16 shall report to the appropriate committees of Con17 gress on rates of recidivism among individuals who 

18 have been released from Federal prison and who are 

19 under judicial supervision. 

20 (2) CONTENTS.—The report required under 

21 paragraph (1) shall contain information on rates of 

22 recidivism among former Federal prisoners, includ23 ing information on rates of recidivism among former 

24 Federal prisoners based on the following criteria: 

25 (A) Primary offense charged. 


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1 (B) Length of sentence imposed and 

2 served. 

3 (C) Bureau of Prisons facility or facilities 

4 in which the prisoner’s sentence was served. 

5 (D) Recidivism reduction programming 

6 that the prisoner successfully completed, if any. 

7 (E) The prisoner’s assessed risk of recidi8 vism. 

9 (3) ASSISTANCE.—The Administrative Office of 

10 the United States Courts shall provide to the Attor11 ney General any information in its possession that is 

12 necessary for the completion of the report required 

13 under paragraph (1). 

14 (d) REPORTING ON EXCLUDED PRISONERS.— 

15 (1) ATTORNEY GENERAL REPORT.—Not later 

16 than 8 years after the date of enactment of this Act, 

17 the Attorney General shall submit to the appropriate 

18 committees of Congress a report on the effectiveness 

19 of recidivism reduction programs and productive ac20 tivities offered to prisoners— 

21 (A) described in section 3621(h)(6)(A)(iii) 

22 of title 18, United States Code, as added by 

23 this title; or 


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1 (B) ineligible for credit toward prerelease 

2 custody under section 3624(c)(2) of title 18, 

3 United States Code, as added by this title. 

4 (2) CONGRESSIONAL REVIEW.—Upon receipt of 

5 the report under paragraph (1), the appropriate 

6 committees of Congress shall review the effectiveness 

7 of different categories of incentives in reducing re8 cidivism. 

9 (e) DEFINITION.—For purposes of this section, the 

10 term ‘‘appropriate committees of Congress’’ means— 

11 (1) the Committee on the Judiciary and the 

12 Subcommittee on Commerce, Justice, Science, and 

13 Related Agencies of the Committee on Appropria14 tions of the Senate; and 

15 (2) the Committee on the Judiciary and the 

16 Subcommittee on Commerce, Justice, Science, and 

17 Related Agencies of the Committee on Appropria18 tions of the House of Representatives. 

19 SEC. 206. ADDITIONAL TOOLS TO PROMOTE RECOVERY 

20 AND PREVENT DRUG AND ALCOHOL ABUSE 

21 AND DEPENDENCE. 

22 (a) REENTRY AND RECOVERY PLANNING.— 

23 (1) PRESENTENCE REPORTS.—Section 3552 of 

24 title 18, United States Code, is amended— 


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1 (A) by redesignating subsections (b), (c), 

2 and (d) as subsections (c), (d), and (e), respec3 tively; 

4 (B) by inserting after subsection (a) the 

5 following: 

6 ‘‘(b) REENTRY AND RECOVERY PLANNING.— 

7 ‘‘(1) IN GENERAL.—In addition to the informa8 tion required by rule 32(d) of the Federal Rules of 

9 Criminal Procedure, the report submitted pursuant 

10 to subsection (a) shall contain the following informa11 tion, unless such information is required to be ex12 cluded pursuant to rule 32(d)(3) of the Federal 

13 Rules of Criminal Procedure or except as provided 

14 in paragraph (2): 

15 ‘‘(A) Information about the defendant’s 

16 history of substance abuse and addiction, if ap17 plicable. 

18 ‘‘(B) Information about the defendant’s 

19 service in the Armed Forces of the United 

20 States and veteran status, if applicable. 

21 ‘‘(C) A detailed plan, which shall include 

22 the identification of programming provided by 

23 the Bureau of Prisons that is appropriate for 

24 the defendant’s needs, that the probation officer 

25 determines will— 


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1 ‘‘(i) reduce the likelihood the defend2 ant will abuse drugs or alcohol if the de3 fendant has a history of substance abuse; 

4 ‘‘(ii) reduce the defendant’s likelihood 

5 of recidivism by addressing the defendant’s 

6 specific recidivism risk factors; and 

7 ‘‘(iii) assist the defendant preparing 

8 for reentry into the community. 

9 ‘‘(2) EXCEPTIONS.—The information described 

10 in paragraph (1)(C)(iii) shall not be required to be 

11 included under paragraph (1), in the discretion of 

12 the probation officer, if the applicable sentencing 

13 range under the sentencing guidelines, as deter14 mined by the probation officer, includes a sentence 

15 of life imprisonment or a sentence of probation.’’; 

16 (C) in subsection (c), as redesignated, in 

17 the first sentence, by striking ‘‘subsection (a) or 

18 (c)’’ and inserting ‘‘subsection (a) or (d)’’; and 

19 (D) in subsection (d), as redesignated, by 

20 striking ‘‘subsection (a) or (b)’’ and inserting 

21 ‘‘subsection (a) or (c)’’. 

22 (2) TECHNICAL AND CONFORMING AMEND23 MENT.—Section 3672 of title 18, United States 

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1 graph by striking ‘‘subsection (b) or (c)’’ and insert2 ing ‘‘subsection (c) or (d)’’. 

3 (b) PROMOTING FULL UTILIZATION OF RESIDEN4 TIAL DRUG TREATMENT.—Section 3621(e)(2) of title 18, 

5 United States Code, is amended by adding at the end the 

6 following: 

7 ‘‘(C) COMMENCEMENT OF TREATMENT.— 

8 Not later than 3 years after the date of enact9 ment of this subparagraph, the Director of the 

10 Bureau of Prisons shall ensure that each eligi11 ble prisoner has an opportunity to commence 

12 participation in treatment under this subsection 

13 by such date as is necessary to ensure that the 

14 prisoner completes such treatment not later 

15 than 1 year before the date on which the pris16 oner would otherwise be released from custody 

17 prior to the application of any reduction in sen18 tence pursuant to this paragraph. 

19 ‘‘(D) OTHER CREDITS.—The Director of 

20 the Bureau of Prisons may, in the Director’s 

21 discretion, reduce the credit awarded under 

22 subsection (h)(6)(A) to a prisoner who receives 

23 a reduction under subparagraph (B) of this 

24 paragraph, but such reduction may not exceed 


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1 one-half the amount of the reduction awarded 

2 to the prisoner under such subparagraph (B).’’. 

3 (c) SUPERVISED RELEASE PILOT PROGRAM TO RE4 DUCE RECIDIVISM AND IMPROVE RECOVERY FROM ALCO5 HOL AND DRUG ABUSE.— 

6 (1) IN GENERAL.—Not later than 2 years after 

7 the date of enactment of this Act, the Administrative 

8 Office of the United States Courts shall establish a 

9 recidivism reduction and recovery enhancement pilot 

10 program (referred to in this subsection as the ‘‘pilot 

11 program’’), premised on high-intensity supervision 

12 and the use of swift, predictable, and graduated 

13 sanctions for noncompliance with program rules, in 

14 Federal judicial districts selected by the Administra15 tive Office of the United States Courts in consulta16 tion with the Attorney General. 

17 (2) REQUIREMENTS OF PROGRAM.—Participa18 tion in the pilot program shall be subject to the fol19 lowing requirements: 

20 (A) Upon entry of participants into the 

21 pilot program, the court shall notify the pro22 gram participants of the rules of the program 

23 and consequences for violating such rules, in24 cluding the penalties to be imposed as a result 


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1 of such violations pursuant to subparagraph 

2 (E). 

3 (B) Probation officers shall conduct reg4 ular drug testing of all pilot program partici5 pants with a history of substance abuse. 

6 (C) If a probation officer determines that 

7 a participant has violated a term of supervised 

8 release, the officer shall notify the court within 

9 24 hours of such determination, absent good 

10 cause. 

11 (D) As soon as is practicable, and not later 

12 than 7 days after the violation was reported by 

13 the probation officer, absent good cause, the 

14 court shall conduct a hearing on the alleged vio15 lation. 

16 (E) If the court determines that a program 

17 participant has violated a term of supervised re18 lease, the court shall impose an appropriate 

19 sanction, which may include the following, if ap20 propriate: 

21 (i) Modification of the terms of such 

22 participant’s supervised release, which may 

23 include imposition of a period of home con24 finement. 


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1 (ii) Referral to appropriate substance 

2 abuse treatment. 

3 (iii) Revocation of the participant’s 

4 supervised release and the imposition of a 

5 sentence of incarceration that is no longer 

6 than necessary to punish the participant 

7 for such violation and deter the participant 

8 from committing future violations. 

9 (iv) For participants who habitually 

10 fail to abide by program rules or pose a 

11 threat to public safety, termination from 

12 the program. 

13 (3) STATUS OF PARTICIPANT IF INCARCER14 ATED.— 

15 (A) IN GENERAL.—If a program partici16 pant is sentenced to incarceration as described 

17 in paragraph (2)(E)(iii), the participant shall 

18 remain in the program upon release from incar19 ceration unless terminated from the program 

20 under paragraph (2)(E)(iv). 

21 (B) POLICIES FOR MAINTAINING EMPLOY22 MENT.—The Bureau of Prisons, in consultation 

23 with the Chief Probation Officers of the Federal 

24 judicial districts selected for participation in the 

25 pilot program, shall develop policies to enable 


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1 program participants sentenced to terms of in2 carceration as described in paragraph 

3 (2)(E)(iii) to, where practicable, serve the terms 

4 of incarceration while maintaining employment, 

5 including allowing the terms of incarceration to 

6 be served on weekends. 

7 (4) ADVISORY SENTENCING POLICIES.— 

8 (A) IN GENERAL.—The United States Sen9 tencing Commission, in consultation with the 

10 Chief Probation Officers, United States Attor11 neys, Federal Defenders, and Chief Judges of 

12 the districts selected for participation in the 

13 pilot program, shall establish advisory sen14 tencing policies to be used by the district courts 

15 in imposing sentences of incarceration in ac16 cordance with paragraph (2)(E)(iii). 

17 (B) REQUIREMENT.—The advisory sen18 tencing policies established under subparagraph 

19 (A) shall be consistent with the stated goal of 

20 the pilot program to impose predictable and 

21 graduated sentences that are no longer than 

22 necessary for violations of program rules. 

23 (5) DURATION OF PROGRAM.—The pilot pro24 gram shall continue for not less than 5 years and 


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1 may be extended for not more than 5 years by the 

2 Administrative Office of the United States Courts. 

3 (6) ASSESSMENT OF PROGRAM OUTCOMES AND

4 REPORT TO CONGRESS.— 

5 (A) IN GENERAL.—Not later than 6 years 

6 after the date of enactment of this Act, the Ad7 ministrative Office of the United States Courts 

8 shall conduct an evaluation of the pilot program 

9 and submit to Congress a report on the results 

10 of the evaluation. 

11 (B) CONTENTS.—The report required 

12 under subparagraph (A) shall include— 

13 (i) the rates of substance abuse 

14 among program participants; 

15 (ii) the rates of violations of the terms 

16 of supervised release by program partici17 pants, and sanctions imposed; 

18 (iii) information about employment of 

19 program participants; 

20 (iv) a comparison of outcomes among 

21 program participants with outcomes among 

22 similarly situated individuals under the su23 pervision of United States Probation and 

24 Pretrial Services not participating in the 

25 program; and 


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1 (v) an assessment of the effectiveness 

2 of each of the relevant features of the pro3 gram. 

4 SEC. 207. PROMOTING SUCCESSFUL REENTRY. 

5 (a) FEDERAL REENTRY DEMONSTRATION

6 PROJECTS.— 

7 (1) EVALUATION OF EXISTING BEST PRACTICES

8 FOR REENTRY.—Not later than 2 years after the 

9 date of enactment of this Act, the Attorney General, 

10 in consultation with the Administrative Office of the 

11 United States Courts, shall— 

12 (A) evaluate best practices used for the re13 entry into society of individuals released from 

14 the custody of the Bureau of Prisons, including 

15 by— 

16 (i) examining reentry practices in 

17 Federal, State, and local justice systems; 

18 and 

19 (ii) consulting with Federal, State, 

20 and local prosecutors, Federal, State, and 

21 local public defenders, nonprofit organiza22 tions that provide reentry services, and 

23 criminal justice experts; and 

24 (B) submit to the Committee on the Judi25 ciary of the Senate and the Committee on the 


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1 Judiciary of the House of Representatives a re2 port that details the evaluation conducted under 

3 subparagraph (A). 

4 (2) CREATION OF REENTRY DEMONSTRATION

5 PROJECTS.—Not later than 3 years after the date of 

6 enactment of this Act, the Attorney General, in con7 sultation with the Administrative Office of the 

8 United States Courts, shall, subject to the avail9 ability of appropriations, select an appropriate num10 ber of Federal judicial districts in which to conduct 

11 Federal reentry demonstration projects using the 

12 best practices identified in the evaluation conducted 

13 under paragraph (1), which may include Federal ju14 dicial districts with existing reentry programs. The 

15 Attorney General shall determine the appropriate 

16 number of Federal judicial districts in which to con17 duct demonstration projects under this paragraph. 

18 (3) PROJECT DESIGN.—For each Federal judi19 cial district selected under paragraph (2), the United 

20 States Attorney, in consultation with the Chief 

21 Judge, the Chief Federal Defender, the Chief Proba22 tion Officer, the Bureau of Justice Assistance, the 

23 National Institute of Justice, and criminal justice 

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1 tion project for the Federal judicial district in ac2 cordance with paragraph (4). 

3 (4) PROJECT ELEMENTS.—A project designed 

4 under paragraph (3) shall coordinate efforts by Fed5 eral agencies to assist participating prisoners in pre6 paring for and adjusting to reentry into the commu7 nity and may include, as appropriate— 

8 (A) the use of community correctional fa9 cilities and home confinement, as determined 

10 appropriate by the Bureau of Prisons; 

11 (B) a reentry review team for each pris12 oner to— 

13 (i) develop a reentry plan specific to 

14 the needs of the prisoner; and 

15 (ii) meet with the prisoner following 

16 transfer to monitor the reentry plan; 

17 (C) steps to assist the prisoner in obtain18 ing health care, housing, and employment, be19 fore the prisoner’s release from a community 

20 correctional facility or home confinement; 

21 (D) regular drug testing for participants 

22 with a history of substance abuse; 

23 (E) substance abuse treatment, which may 

24 include addiction treatment medication, if ap25 propriate, medical treatment, including mental 


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1 health treatment, occupational, vocational and 

2 educational training, apprenticeships, life skills 

3 instruction, recovery support, conflict resolution 

4 training, and other programming to promote ef5 fective reintegration into the community; 

6 (F) the participation of volunteers to serve 

7 as advisors and mentors to prisoners being re8 leased into the community; 

9 (G) steps to ensure that the prisoner 

10 makes satisfactory progress toward satisfying 

11 any obligations to victims of the prisoner’s of12 fense, including any obligation to pay restitu13 tion; and 

14 (H) the appointment of a reentry coordi15 nator in the United States Attorney’s Office. 

16 (5) REVIEW OF PROJECT OUTCOMES.—Not 

17 later than 5 years after the date of enactment of 

18 this Act, the Administrative Office of the United 

19 States Courts, in consultation with the Attorney 

20 General, shall— 

21 (A) evaluate the results from each Federal 

22 judicial district selected under paragraph (2), 

23 including the extent to which participating pris24 oners released from the custody of the Bureau 

25 of Prisons were successfully reintegrated into 


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1 their communities, including whether the par2 ticipating prisoners maintained employment and 

3 refrained from committing further offenses; and 

4 (B) submit to the Committee on the Judi5 ciary of the Senate and the Committee on the 

6 Judiciary of the House of Representatives a re7 port that contains— 

8 (i) the evaluation of the best practices 

9 identified in the report required under 

10 paragraph (1); and 

11 (ii) the results of the demonstration 

12 projects required under paragraph (2). 

13 (b) STUDY ON THE IMPACT OF REENTRY ON CER14 TAIN COMMUNITIES.— 

15 (1) IN GENERAL.—Not later than 2 years after 

16 the date of enactment of this Act, the Attorney Gen17 eral, in consultation with the Administrative Office 

18 of the United States Courts, shall submit to the 

19 Committee on the Judiciary of the Senate and the 

20 Committee on the Judiciary of the House of Rep21 resentatives a report on the impact of reentry of 

22 prisoners on communities in which a dispropor23 tionate number of individuals reside upon release 

24 from incarceration. 


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1 (2) CONTENTS.—The report required under 

2 paragraph (1) shall analyze the impact of reentry of 

3 individuals released from both State and Federal 

4 correctional systems as well as State and Federal ju5 venile justice systems, and shall include— 

6 (A) an assessment of the reentry burdens 

7 borne by local communities and local law en8 forcement agencies; 

9 (B) a review of the resources available in 

10 such communities to support successful reentry, 

11 including resources provided by the Federal 

12 Government and State and local governments, 

13 and the extent to which those resources are 

14 used effectively; and 

15 (C) recommendations to strengthen the re16 sources in such communities available to sup17 port successful reentry and to lessen the burden 

18 placed on such communities by the need to sup19 port reentry. 

20 (c) FACILITATING REENTRY ASSISTANCE TO VET21 ERANS.— 

22 (1) IN GENERAL.—Not later than 60 days after 

23 the date of the commencement of a prisoner’s sen24 tence pursuant to section 3585(a) of title 18, United 

25 States Code, the Director of the Bureau of Prisons 


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1 shall notify the Secretary of Veterans Affairs and 

2 the Secretary of Labor if the prisoner’s presentence 

3 report, prepared pursuant to section 3552 of title 

4 18, United States Code, indicates that the prisoner 

5 has previously served in the Armed Forces of the 

6 United States or if the prisoner has so notified the 

7 Bureau of Prisons. 

8 (2) POST-COMMENCEMENT NOTICE.—If a pris9 oner informs the Bureau of Prisons of the prisoner’s 

10 prior service in the Armed Forces of the United 

11 States after the commencement of the prisoner’s 

12 sentence, the Director of the Bureau of Prisons shall 

13 notify the Secretary of Veterans Affairs and the Sec14 retary of Labor not later than 60 days after the date 

15 on which the prisoner provides such notice. 

16 (3) CONTENTS OF NOTICE.—The notice pro17 vided by the Director of the Bureau of Prisons to 

18 the Secretary of Veterans Affairs and the Secretary 

19 of Labor under this subsection shall include the 

20 identity of the prisoner, the facility in which the 

21 prisoner is located, the prisoner’s offense of convic22 tion, and the length of the prisoner’s sentence. 

23 (4) ACCESS TO VA AND DOL.—The Bureau of 

24 Prisons shall provide the Department of Veterans 

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1 able access to any prisoner who has previously 

2 served in the Armed Forces of the United States for 

3 purposes of facilitating that prisoner’s reentry. 

4 SEC. 208. PAROLE FOR JUVENILES. 

5 (a) IN GENERAL.—Chapter 403 of title 18, United 

6 States Code, is amended by inserting after section 5032 

7 the following: 

8 ‘‘§ 5032A. Modification of an imposed term of impris9 onment for violations of law committed 

10 prior to age 18 

11 ‘‘(a) IN GENERAL.—Notwithstanding any other pro12 vision of law, a court may reduce a term of imprisonment 

13 imposed upon a defendant convicted as an adult for an 

14 offense committed and completed before the defendant at15 tained 18 years of age if— 

16 ‘‘(1) the defendant has served not less than 20 

17 years in custody for the offense; and 

18 ‘‘(2) the court finds, after considering the fac19 tors set forth in subsection (c), that the defendant 

20 is not a danger to the safety of any person or the 

21 community and that the interests of justice warrant 

22 a sentence modification. 

23 ‘‘(b) SUPERVISED RELEASE.—Any defendant whose 

24 sentence is reduced pursuant to subsection (a) shall be or25 dered to serve a period of supervised release of not less 


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1 than 5 years following release from imprisonment. The 

2 conditions of supervised release and any modification or 

3 revocation of the term of supervise release shall be in ac4 cordance with section 3583. 

5 ‘‘(c) FACTORS AND INFORMATION TO BE CONSID6 ERED IN DETERMINING WHETHER TO MODIFY A TERM

7 OF IMPRISONMENT.—The court, in determining whether 

8 to reduce a term of imprisonment pursuant to subsection 

9 (a), shall consider— 

10 ‘‘(1) the factors described in section 3553(a), 

11 including the nature of the offense and the history 

12 and characteristics of the defendant; 

13 ‘‘(2) the age of the defendant at the time of the 

14 offense; 

15 ‘‘(3) a report and recommendation of the Bu16 reau of Prisons, including information on whether 

17 the defendant has substantially complied with the 

18 rules of each institution in which the defendant has 

19 been confined and whether the defendant has com20 pleted any educational, vocational, or other prison 

21 program, where available; 

22 ‘‘(4) a report and recommendation of the 

23 United States attorney for any district in which an 

24 offense for which the defendant is imprisoned was 

25 prosecuted; 


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1 ‘‘(5) whether the defendant has demonstrated 

2 maturity, rehabilitation, and a fitness to reenter so3 ciety sufficient to justify a sentence reduction; 

4 ‘‘(6) any statement, which may be presented 

5 orally or otherwise, by any victim of an offense for 

6 which the defendant is imprisoned or by a family 

7 member of the victim if the victim is deceased; 

8 ‘‘(7) any report from a physical, mental, or psy9 chiatric examination of the defendant conducted by 

10 a licensed health care professional; 

11 ‘‘(8) the family and community circumstances 

12 of the defendant at the time of the offense, including 

13 any history of abuse, trauma, or involvement in the 

14 child welfare system; 

15 ‘‘(9) the extent of the role of the defendant in 

16 the offense and whether, and to what extent, an 

17 adult was involved in the offense; 

18 ‘‘(10) the diminished culpability of juveniles as 

19 compared to that of adults, and the hallmark fea20 tures of youth, including immaturity, impetuosity, 

21 and failure to appreciate risks and consequences, 

22 which counsel against sentencing juveniles to the 

23 otherwise applicable term of imprisonment; and 

24 ‘‘(11) any other information the court deter25 mines relevant to the decision of the court. 


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1 ‘‘(d) LIMITATION ON APPLICATIONS PURSUANT TO

2 THIS SECTION.— 

3 ‘‘(1) SECOND APPLICATION.—Not earlier than 

4 5 years after the date on which an order entered by 

5 a court on an initial application under this section 

6 becomes final, a court shall entertain a second appli7 cation by the same defendant under this section. 

8 ‘‘(2) FINAL APPLICATION.—Not earlier than 5 

9 years after the date on which an order entered by 

10 a court on a second application under paragraph (1) 

11 becomes final, a court shall entertain a final applica12 tion by the same defendant under this section. 

13 ‘‘(3) PROHIBITION.—A court may not entertain 

14 an application filed after an application filed under 

15 paragraph (2) by the same defendant. 

16 ‘‘(e) PROCEDURES.— 

17 ‘‘(1) NOTICE.—The Bureau of Prisons shall 

18 provide written notice of this section to— 

19 ‘‘(A) any defendant who has served not 

20 less than 19 years in prison for an offense com21 mitted and completed before the defendant at22 tained 18 years of age for which the defendant 

23 was convicted as an adult; and 

24 ‘‘(B) the sentencing court, the United 

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1 fender or Executive Director of the Community 

2 Defender Organization for the judicial district 

3 in which the sentence described in subpara4 graph (A) was imposed. 

5 ‘‘(2) CRIME VICTIMS RIGHTS.—Upon receiving 

6 notice under paragraph (1), the United States attor7 ney shall provide any notifications required under 

8 section 3771. 

9 ‘‘(3) APPLICATION.— 

10 ‘‘(A) IN GENERAL.—An application for a 

11 sentence reduction under this section shall be 

12 filed as a motion to reduce the sentence of the 

13 defendant and may include affidavits or other 

14 written material. 

15 ‘‘(B) REQUIREMENT.—A motion to reduce 

16 a sentence under this section shall be filed with 

17 the sentencing court and a copy shall be served 

18 on the United States attorney for the judicial 

19 district in which the sentence was imposed. 

20 ‘‘(4) EXPANDING THE RECORD; HEARING.— 

21 ‘‘(A) EXPANDING THE RECORD.—After the 

22 filing of a motion to reduce a sentence under 

23 this section, the court may direct the parties to 

24 expand the record by submitting additional 

25 written materials relating to the motion. 


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1 ‘‘(B) HEARING.— 

2 ‘‘(i) IN GENERAL.—The court shall 

3 conduct a hearing on the motion, at which 

4 the defendant and counsel for the defend5 ant shall be given the opportunity to be 

6 heard. 

7 ‘‘(ii) EVIDENCE.—In a hearing under 

8 this section, the court may allow parties to 

9 present evidence. 

10 ‘‘(iii) DEFENDANT’S PRESENCE.—At 

11 a hearing under this section, the defendant 

12 shall be present unless the defendant 

13 waives the right to be present. The re14 quirement under this clause may be satis15 fied by the defendant appearing by video 

16 teleconference. 

17 ‘‘(iv) COUNSEL.—A defendant who is 

18 unable to obtain counsel is entitled to have 

19 counsel appointed to represent the defend20 ant for proceedings under this section, in21 cluding any appeal, unless the defendant 

22 waives the right to counsel. 

23 ‘‘(v) FINDINGS.—The court shall state 

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1 sons for granting or denying a motion 

2 under this section. 

3 ‘‘(C) APPEAL.—The Government or the 

4 defendant may file a notice of appeal in the dis5 trict court for review of a final order under this 

6 section. The time limit for filing such appeal 

7 shall be governed by rule 4(a) of the Federal 

8 Rules of Appellate Procedure. 

9 ‘‘(f) EDUCATIONAL AND REHABILITATIVE PRO10 GRAMS.—A defendant who is convicted and sentenced as 

11 an adult for an offense committed and completed before 

12 the defendant attained 18 years of age may not be de13 prived of any educational, training, or rehabilitative pro14 gram that is otherwise available to the general prison pop15 ulation.’’. 

16 (b) TABLE OF SECTIONS.—The table of sections for 

17 chapter 403 of title 18, United States Code, is amended 

18 by inserting after the item relating to section 5032 the 

19 following: 

‘‘5032A. Modification of an imposed term of imprisonment for violations of law 

committed prior to age 18.’’. 

20 (c) APPLICABILITY.—The amendments made by this 

21 section shall apply to any conviction entered before, on, 

22 or after the date of enactment of this Act. 


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1 SEC. 209. COMPASSIONATE RELEASE INITIATIVE. 

2 Section 231(g) of the Second Chance Act of 2007 (34 

3 U.S.C. 60541(g)) is amended— 

4 (1) in paragraph (1)— 

5 (A) by inserting ‘‘and eligible terminally ill 

6 offenders’’ after ‘‘elderly offenders’’ each place 

7 that term appears; and 

8 (B) in subparagraph (B), by inserting ‘‘, 

9 upon written request from either the Bureau of 

10 Prisons or an eligible elderly offender or eligible 

11 terminally ill offender’’ after ‘‘to home deten12 tion’’; 

13 (2) in paragraph (2), by inserting ‘‘or eligible 

14 terminally ill offender’’ after ‘‘elderly offender’’; 

15 (3) in paragraph (3), by striking ‘‘and shall be 

16 carried out during fiscal years 2009 and 2010’’; 

17 (4) in paragraph (4)— 

18 (A) by inserting ‘‘or eligible terminally ill 

19 offender’’ after ‘‘each eligible elderly offender’’; 

20 and 

21 (B) by inserting ‘‘and eligible terminally ill 

22 offenders’’ after ‘‘eligible elderly offenders’’; 

23 and 

24 (5) in paragraph (5)— 

25 (A) in subparagraph (A)— 


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1 (i) in clause (i), by striking ‘‘65 

2 years’’ and inserting ‘‘60 years’’; and 

3 (ii) in clause (ii)— 

4 (I) by striking ‘‘the greater of 10 

5 years or’’; and 

6 (II) by striking ‘‘75 percent’’ and 

inserting ‘‘2 7 ⁄3’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(D) ELIGIBLE TERMINALLY ILL OF10 FENDER.—The term ‘eligible terminally ill of11 fender’ means an offender in the custody of the 

12 Bureau of Prisons who— 

13 ‘‘(i) is serving a term of imprisonment 

14 based on conviction for an offense or of15 fenses that do not include any crime of vio16 lence (as defined in section 16 of title 18, 

17 United States Code), sex offense (as de18 fined in section 111(5) of the Sex Offender 

19 Registration and Notification Act (34 

20 U.S.C. 20911(5))), offense described in 

21 section 2332b(g)(5)(B) of title 18, United 

22 States Code, or offense under chapter 37 

23 of title 18, United States Code; 


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1 ‘‘(ii) satisfies the criteria specified in 

2 clauses (iii) through (vii) of subparagraph 

3 (A); and 

4 ‘‘(iii) has been determined by a med5 ical doctor approved by the Bureau of 

6 Prisons to be— 

7 ‘‘(I) in need of care at a nursing 

8 home, intermediate care facility, or 

9 assisted living facility, as those terms 

10 are defined in section 232 of the Na11 tional Housing Act (12 U.S.C. 

12 1715w); or 

13 ‘‘(II) diagnosed with a terminal 

14 illness.’’. 

15 SEC. 210. JUVENILE SEALING AND EXPUNGEMENT. 

16 (a) PURPOSE.—The purpose of this section is to— 

17 (1) protect children and adults against damage 

18 stemming from their juvenile acts and subsequent 

19 juvenile delinquency records, including law enforce20 ment, arrest, and court records; and 

21 (2) prevent the unauthorized use or disclosure 

22 of confidential juvenile delinquency records and any 

23 potential employment, financial, psychological, or 

24 other harm that would result from such unauthor25 ized use or disclosure. 


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1 (b) DEFINITIONS.—Section 5031 of title 18, United 

2 States Code, is amended to read as follows: 

3 ‘‘§ 5031. Definitions 

4 ‘‘In this chapter— 

5 ‘‘(1) the term ‘adjudication’ means a deter6 mination by a judge that a person committed an act 

7 of juvenile delinquency; 

8 ‘‘(2) the term ‘conviction’ means a judgment or 

9 disposition in criminal court against a person fol10 lowing a finding of guilt by a judge or jury; 

11 ‘‘(3) the term ‘destroy’ means to render a file 

12 unreadable, whether paper, electronic, or otherwise 

13 stored, by shredding, pulverizing, pulping, incin14 erating, overwriting, reformatting the media, or 

15 other means; 

16 ‘‘(4) the term ‘expunge’ means to destroy a 

17 record and obliterate the name of the person to 

18 whom the record pertains from each official index or 

19 public record; 

20 ‘‘(5) the term ‘expungement hearing’ means a 

21 hearing held under section 5044(b)(2)(B); 

22 ‘‘(6) the term ‘expungement petition’ means a 

23 petition for expungement filed under section 

24 5044(b); 


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1 ‘‘(7) the term ‘high-risk, public trust position’ 

2 means a position designated as a public trust posi3 tion under section 731.106(b) of title 5, Code of 

4 Federal Regulations, or any successor regulation; 

5 ‘‘(8) the term ‘juvenile’ means— 

6 ‘‘(A) except as provided in subparagraph 

7 (B), a person who has not attained the age of 

8 18 years; and 

9 ‘‘(B) for the purpose of proceedings and 

10 disposition under this chapter for an alleged act 

11 of juvenile delinquency, a person who has not 

12 attained the age of 21 years; 

13 ‘‘(9) the term ‘juvenile delinquency’ means the 

14 violation of a law of the United States committed by 

15 a person before attaining the age of 18 years which 

16 would have been a crime if committed by an adult, 

17 or a violation by such a person of section 922(x); 

18 ‘‘(10) the term ‘juvenile nonviolent offense’ 

19 means— 

20 ‘‘(A) in the case of an arrest or an adju21 dication that is dismissed or finds the juvenile 

22 to be not delinquent, an act of juvenile delin23 quency that is not— 

24 ‘‘(i) a criminal homicide, forcible rape 

25 or any other sex offense (as defined in secVerDate Sep 11 2014 22:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S1917.IS S1917

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1 tion 111 of the Sex Offender Registration 

2 and Notification Act (34 U.S.C. 20911)), 

3 kidnapping, aggravated assault, robbery, 

4 burglary of an occupied structure, arson, 

5 or a drug trafficking crime in which a fire6 arm was used; or 

7 ‘‘(ii) a Federal crime of terrorism (as 

8 defined in section 2332b(g)); and 

9 ‘‘(B) in the case of an adjudication that 

10 finds the juvenile to be delinquent, an act of ju11 venile delinquency that is not— 

12 ‘‘(i) described in clause (i) or (ii) of 

13 subparagraph (A); or 

14 ‘‘(ii) a misdemeanor crime of domestic 

15 violence (as defined in section 921(a)(33)); 

16 ‘‘(11) the term ‘juvenile record’— 

17 ‘‘(A) means a record maintained by a 

18 court, the probation system, a law enforcement 

19 agency, or any other government agency, of the 

20 juvenile delinquency proceedings of a person; 

21 ‘‘(B) includes— 

22 ‘‘(i) a juvenile legal file, including a 

23 formal document such as a petition, notice, 

24 motion, legal memorandum, order, or de25 cree; 


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1 ‘‘(ii) a social record, including— 

2 ‘‘(I) a record of a probation offi3 cer; 

4 ‘‘(II) a record of any government 

5 agency that keeps records relating to 

6 juvenile delinquency; 

7 ‘‘(III) a medical record; 

8 ‘‘(IV) a psychiatric or psycho9 logical record; 

10 ‘‘(V) a birth certificate; 

11 ‘‘(VI) an education record, in12 cluding an individualized education 

13 plan; 

14 ‘‘(VII) a detention record; 

15 ‘‘(VIII) demographic information 

16 that identifies a juvenile or the family 

17 of a juvenile; or 

18 ‘‘(IX) any other record that in19 cludes personally identifiable informa20 tion that may be associated with a ju21 venile delinquency proceeding, an act 

22 of juvenile delinquency, or an alleged 

23 act of juvenile delinquency; and 


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1 ‘‘(iii) a law enforcement record, in2 cluding a photograph or a State criminal 

3 justice information system record; and 

4 ‘‘(C) does not include— 

5 ‘‘(i) fingerprints; or 

6 ‘‘(ii) a DNA sample; 

7 ‘‘(12) the term ‘petitioner’ means a person who 

8 files an expungement petition or a sealing petition; 

9 ‘‘(13) the term ‘seal’ means— 

10 ‘‘(A) to close a record from public viewing 

11 so that the record cannot be examined except as 

12 otherwise provided under section 5043; and 

13 ‘‘(B) to physically seal the record shut and 

14 label the record ‘SEALED’ or, in the case of an 

15 electronic record, the substantive equivalent; 

16 ‘‘(14) the term ‘sealing hearing’ means a hear17 ing held under section 5043(b)(2)(B); and 

18 ‘‘(15) the term ‘sealing petition’ means a peti19 tion for a sealing order filed under section 

20 5043(b).’’. 

21 (c) CONFIDENTIALITY.—Section 5038 of title 18, 

22 United States Code, is amended— 

23 (1) in subsection (a), in the flush text following 

24 paragraph (6), by inserting after ‘‘bonding,’’ the folVerDate Sep 11 2014 22:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S1917.IS S1917

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1 lowing: ‘‘participation in an educational system,’’; 

2 and 

3 (2) in subsection (b), by striking ‘‘District 

4 courts exercising jurisdiction over any juvenile’’ and 

5 inserting the following: ‘‘Not later than 7 days after 

6 the date on which a district court exercises jurisdic7 tion over a juvenile, the district court’’. 

8 (d) SEALING; EXPUNGEMENT.— 

9 (1) IN GENERAL.—Chapter 403 of title 18, 

10 United States Code, is amended by adding at the 

11 end the following: 

12 ‘‘§ 5043. Sealing 

13 ‘‘(a) AUTOMATIC SEALING OF NONVIOLENT OF14 FENSES.— 

15 ‘‘(1) IN GENERAL.—Three years after the date 

16 on which a person who is adjudicated delinquent 

17 under this chapter for a juvenile nonviolent offense 

18 completes every term of probation, official detention, 

19 or juvenile delinquent supervision ordered by the 

20 court with respect to the offense, the court shall 

21 order the sealing of each juvenile record or portion 

22 thereof that relates to the offense if the person— 

23 ‘‘(A) has not been convicted of a crime or 

24 adjudicated delinquent for an act of juvenile de25 linquency since the date of the disposition; and 


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1 ‘‘(B) is not engaged in active criminal 

2 court proceedings or juvenile delinquency pro3 ceedings. 

4 ‘‘(2) AUTOMATIC NATURE OF SEALING.—The 

5 order of sealing under paragraph (1) shall require 

6 no action by the person whose juvenile records are 

7 to be sealed. 

8 ‘‘(3) NOTICE OF AUTOMATIC SEALING.—A 

9 court that orders the sealing of a juvenile record of 

10 a person under paragraph (1) shall, in writing, in11 form the person of the sealing and the benefits of 

12 sealing the record. 

13 ‘‘(b) PETITIONING FOR EARLY SEALING OF NON14 VIOLENT OFFENSES.— 

15 ‘‘(1) RIGHT TO FILE SEALING PETITION.— 

16 ‘‘(A) IN GENERAL.—During the 3-year pe17 riod beginning on the date on which a person 

18 who is adjudicated delinquent under this chap19 ter for a juvenile nonviolent offense completes 

20 every term of probation, official detention, or 

21 juvenile delinquent supervision ordered by the 

22 court with respect to the offense, the person 

23 may petition the court to seal the juvenile 

24 records that relate to the offense unless the per25 son— 


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1 ‘‘(i) has been convicted of a crime or 

2 adjudicated delinquent for an act of juve3 nile delinquency since the date of the dis4 position; or 

5 ‘‘(ii) is engaged in active criminal 

6 court proceedings or juvenile delinquency 

7 proceedings. 

8 ‘‘(B) NOTICE OF OPPORTUNITY TO FILE

9 PETITION.—If a person is adjudicated delin10 quent for a juvenile nonviolent offense, the 

11 court in which the person is adjudicated delin12 quent shall, in writing, inform the person of the 

13 potential eligibility of the person to file a seal14 ing petition with respect to the offense upon 

15 completing every term of probation, official de16 tention, or juvenile delinquent supervision or17 dered by the court with respect to the offense, 

18 and the necessary procedures for filing the seal19 ing petition— 

20 ‘‘(i) on the date on which the indi21 vidual is adjudicated delinquent; and 

22 ‘‘(ii) on the date on which the indi23 vidual has completed every term of proba24 tion, official detention, or juvenile delinVerDate Sep 11 2014 22:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S1917.IS S1917

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1 quent supervision ordered by the court 

2 with respect to the offense. 

3 ‘‘(2) PROCEDURES.— 

4 ‘‘(A) NOTIFICATION TO PROSECUTOR.—If 

5 a person files a sealing petition with respect to 

6 a juvenile nonviolent offense, the court in which 

7 the petition is filed shall provide notice of the 

8 petition— 

9 ‘‘(i) to the Attorney General; and 

10 ‘‘(ii) upon the request of the peti11 tioner, to any other individual that the pe12 titioner determines may testify as to— 

13 ‘‘(I) the conduct of the petitioner 

14 since the date of the offense; or 

15 ‘‘(II) the reasons that the sealing 

16 order should be entered. 

17 ‘‘(B) HEARING.— 

18 ‘‘(i) IN GENERAL.—If a person files a 

19 sealing petition, the court shall— 

20 ‘‘(I) except as provided in clause 

21 (iii), conduct a hearing in accordance 

22 with clause (ii); and 

23 ‘‘(II) determine whether to enter 

24 a sealing order for the person in ac25 cordance with subparagraph (C). 


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1 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

2 OFFER EVIDENCE.— 

3 ‘‘(I) PETITIONER.—The peti4 tioner may testify or offer evidence at 

5 the sealing hearing in support of seal6 ing. 

7 ‘‘(II) PROSECUTOR.—The Attor8 ney General may send a representa9 tive to testify or offer evidence at the 

10 sealing hearing in support of or 

11 against sealing. 

12 ‘‘(III) OTHER INDIVIDUALS.—An 

13 individual who receives notice under 

14 subparagraph (A)(ii) may testify or 

15 offer evidence at the sealing hearing 

16 as to the issues described in sub17 clauses (I) and (II) of that subpara18 graph. 

19 ‘‘(iii) WAIVER OF HEARING.—If the 

20 petitioner and the Attorney General so 

21 agree, the court shall make a determina22 tion under subparagraph (C) without a 

23 hearing. 


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1 ‘‘(C) BASIS FOR DECISION.—The court 

2 shall determine whether to grant the sealing pe3 tition after considering— 

4 ‘‘(i) the sealing petition and any docu5 ments in the possession of the court; 

6 ‘‘(ii) all the evidence and testimony 

7 presented at the sealing hearing, if such a 

8 hearing is conducted; 

9 ‘‘(iii) the best interests of the peti10 tioner; 

11 ‘‘(iv) the age of the petitioner during 

12 his or her contact with the court or any 

13 law enforcement agency; 

14 ‘‘(v) the nature of the juvenile non15 violent offense; 

16 ‘‘(vi) the disposition of the case; 

17 ‘‘(vii) the manner in which the peti18 tioner participated in any court-ordered re19 habilitative programming or supervised 

20 services; 

21 ‘‘(viii) the length of the time period 

22 during which the petitioner has been with23 out contact with any court or law enforce24 ment agency; 


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1 ‘‘(ix) whether the petitioner has had 

2 any criminal or juvenile delinquency in3 volvement since the disposition of the juve4 nile delinquency proceeding; and 

5 ‘‘(x) the adverse consequences the pe6 titioner may suffer if the petition is not 

7 granted. 

8 ‘‘(D) WAITING PERIOD AFTER DENIAL.—If 

9 the court denies a sealing petition, the peti10 tioner may not file a new sealing petition with 

11 respect to the same juvenile nonviolent offense 

12 until the date that is 2 years after the date of 

13 the denial. 

14 ‘‘(E) UNIVERSAL FORM.—The Director of 

15 the Administrative Office of the United States 

16 Courts shall create a universal form, available 

17 over the Internet and in paper form, that an in18 dividual may use to file a sealing petition. 

19 ‘‘(F) NO FEE FOR INDIGENT PETI20 TIONERS.—If the court determines that the pe21 titioner is indigent, there shall be no cost for 

22 filing a sealing petition. 

23 ‘‘(G) REPORTING.—Not later than 2 years 

24 after the date of enactment of this section, and 

25 each year thereafter, the Director of the AdminVerDate Sep 11 2014 22:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S1917.IS S1917

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1 istrative Office of the United States Courts 

2 shall issue a public report that— 

3 ‘‘(i) describes— 

4 ‘‘(I) the number of sealing peti5 tions granted and denied under this 

6 subsection; and 

7 ‘‘(II) the number of instances in 

8 which the Attorney General supported 

9 or opposed a sealing petition; 

10 ‘‘(ii) includes any supporting data 

11 that the Director determines relevant and 

12 that does not name any petitioner; and 

13 ‘‘(iii) disaggregates all relevant data 

14 by race, ethnicity, gender, and the nature 

15 of the offense. 

16 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

17 ‘‘(i) PETITIONERS UNDER AGE 18.— 

18 The district court shall appoint counsel in 

19 accordance with the plan of the district 

20 court in operation under section 3006A to 

21 represent a petitioner for purposes of this 

22 subsection if the petitioner is less than 18 

23 years of age. 

24 ‘‘(ii) PETITIONERS AGE 18 AND

25 OLDER.— 


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1 ‘‘(I) DISCRETION OF COURT.—In 

2 the case of a petitioner who is not less 

3 than 18 years of age, the district 

4 court may, in its discretion, appoint 

5 counsel in accordance with the plan of 

6 the district court in operation under 

7 section 3006A to represent the peti8 tioner for purposes of this subsection. 

9 ‘‘(II) CONSIDERATIONS.—In de10 termining whether to appoint counsel 

11 under subclause (I), the court shall 

12 consider— 

13 ‘‘(aa) the anticipated com14 plexity of the sealing hearing, in15 cluding the number and type of 

16 witnesses called to advocate 

17 against the sealing of the records 

18 of the petitioner; and 

19 ‘‘(bb) the potential for ad20 verse testimony by a victim or a 

21 representative of the Attorney 

22 General. 

23 ‘‘(c) EFFECT OF SEALING ORDER.— 

24 ‘‘(1) PROTECTION FROM DISCLOSURE.—Except 

25 as provided in paragraphs (3) and (4), if a court orVerDate Sep 11 2014 22:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S1917.IS S1917

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1 ders the sealing of a juvenile record of a person 

2 under subsection (a) or (b) with respect to a juvenile 

3 nonviolent offense, the proceedings in the case shall 

4 be deemed never to have occurred, and the person 

5 may properly reply accordingly to any inquiry about 

6 the events the records of which are ordered sealed. 

7 ‘‘(2) VERIFICATION OF SEALING.—If a court 

8 orders the sealing of a juvenile record under sub9 section (a) or (b) with respect to a juvenile non10 violent offense, the court shall— 

11 ‘‘(A) send a copy of the sealing order to 

12 each entity or person known to the court that 

13 possesses a record relating to the offense, in14 cluding each— 

15 ‘‘(i) law enforcement agency; and 

16 ‘‘(ii) public or private correctional or 

17 detention facility; 

18 ‘‘(B) in the sealing order, require each en19 tity or person described in subparagraph (A) 

20 to— 

21 ‘‘(i) seal the record; and 

22 ‘‘(ii) submit a written certification to 

23 the court, under penalty of perjury, that 

24 the entity or person has sealed each paper 

25 and electronic copy of the record; 


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•S 1917 IS

1 ‘‘(C) seal each paper and electronic copy of 

2 the record in the possession of the court; and 

3 ‘‘(D) after receiving a written certification 

4 from each entity or person under subparagraph 

5 (B)(ii), notify the petitioner that each entity or 

6 person described in subparagraph (A) has 

7 sealed each paper and electronic copy of the 

8 record. 

9 ‘‘(3) LAW ENFORCEMENT ACCESS TO SEALED

10 RECORDS.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), a law enforcement agency 

13 may access a sealed juvenile record in the pos14 session of the agency or another law enforce15 ment agency solely— 

16 ‘‘(i) to determine whether the person 

17 who is the subject of the record is a non18 violent offender eligible for a first-time-of19 fender diversion program; 

20 ‘‘(ii) for investigatory or prosecutorial 

21 purposes; or 

22 ‘‘(iii) for a background check that re23 lates to— 

24 ‘‘(I) law enforcement employ25 ment; or 


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1 ‘‘(II) any position that a Federal 

2 agency designates as a— 

3 ‘‘(aa) national security posi4 tion; or 

5 ‘‘(bb) high-risk, public trust 

6 position. 

7 ‘‘(B) TRANSITION PERIOD.—During the 1- 

8 year period beginning on the date on which a 

9 court orders the sealing of a juvenile record 

10 under this section, a law enforcement agency 

11 may, for law enforcement purposes, access the 

12 record if it is in the possession of the agency 

13 or another law enforcement agency. 

14 ‘‘(4) PROHIBITION ON DISCLOSURE.— 

15 ‘‘(A) PROHIBITION.—Except as provided 

16 in subparagraph (C), it shall be unlawful to in17 tentionally make or attempt to make an unau18 thorized disclosure of any information from a 

19 sealed juvenile record in violation of this sec20 tion. 

21 ‘‘(B) PENALTY.—Any person who violates 

22 subparagraph (A) shall be fined under this title, 

23 imprisoned for not more than 1 year, or both. 

24 ‘‘(C) EXCEPTIONS.— 


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•S 1917 IS

1 ‘‘(i) BACKGROUND CHECKS.—In the 

2 case of a background check for law en3 forcement employment or for any employ4 ment that requires a government security 

5 clearance— 

6 ‘‘(I) a person who is the subject 

7 of a juvenile record sealed under this 

8 section shall disclose the contents of 

9 the record; and 

10 ‘‘(II) a law enforcement agency 

11 that possesses a juvenile record sealed 

12 under this section— 

13 ‘‘(aa) may disclose the con14 tents of the record; and 

15 ‘‘(bb) if the agency obtains 

16 or is subject to a court order au17 thorizing disclosure of the record, 

18 may disclose the record. 

19 ‘‘(ii) DISCLOSURE TO ARMED

20 FORCES.—A person, including a law en21 forcement agency that possesses a juvenile 

22 record sealed under this section, may dis23 close information from a juvenile record 

24 sealed under this section to the Secretaries 

25 of the military departments (or the SecVerDate Sep 11 2014 22:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S1917.IS S1917

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1 retary of Homeland Security with respect 

2 to the Coast Guard when it is not oper3 ating as a service in the Navy) for the pur4 pose of vetting an enlistment or commis5 sion, or with regard to any member of the 

6 Armed Forces. 

7 ‘‘(iii) CRIMINAL AND JUVENILE PRO8 CEEDINGS.—A prosecutor or other law en9 forcement officer may disclose information 

10 from a juvenile record sealed under this 

11 section, and a person who is the subject of 

12 a juvenile record sealed under this section 

13 may be required to testify or otherwise dis14 close information about the record, in a 

15 criminal or other proceeding if such disclo16 sure is required by the Constitution of the 

17 United States, the constitution of a State, 

18 or a Federal or State statute or rule. 

19 ‘‘(iv) AUTHORIZATION FOR PERSON

20 TO DISCLOSE OWN RECORD.—A person 

21 who is the subject of a juvenile record 

22 sealed under this section may choose to 

23 disclose the record. 

24 ‘‘(d) LIMITATION RELATING TO SUBSEQUENT INCI25 DENTS.— 


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1 ‘‘(1) AFTER FILING AND BEFORE PETITION

2 GRANTED.—If, after the date on which a person files 

3 a sealing petition with respect to a juvenile offense 

4 and before the court determines whether to grant 

5 the petition, the person is convicted of a crime, adju6 dicated delinquent for an act of juvenile delinquency, 

7 or engaged in active criminal court proceedings or 

8 juvenile delinquency proceedings, the court shall 

9 deny the petition. 

10 ‘‘(2) AFTER PETITION GRANTED.—If, on or 

11 after the date on which a court orders the sealing 

12 of a juvenile record of a person under subsection (b), 

13 the person is convicted of a crime or adjudicated de14 linquent for an act of juvenile delinquency— 

15 ‘‘(A) the court shall— 

16 ‘‘(i) vacate the order; and 

17 ‘‘(ii) notify the person who is the sub18 ject of the juvenile record, and each entity 

19 or person described in subsection 

20 (c)(2)(A), that the order has been vacated; 

21 and 

22 ‘‘(B) the record shall no longer be sealed. 

23 ‘‘(e) INCLUSION OF STATE JUVENILE DELINQUENCY

24 ADJUDICATIONS AND PROCEEDINGS.—For purposes of 

25 subparagraphs (A) and (B) of subsection (a)(1), clauses 


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•S 1917 IS

1 (i) and (ii) of subsection (b)(1)(A), subsection 

2 (b)(1)(C)(ix), and paragraphs (1) and (2) of subsection 

3 (d), the term ‘juvenile delinquency’ includes the violation 

4 of a law of a State committed by a person before attaining 

5 the age of 18 years which would have been a crime if com6 mitted by an adult. 

7 ‘‘§ 5044. Expungement 

8 ‘‘(a) AUTOMATIC EXPUNGEMENT OF CERTAIN

9 RECORDS.— 

10 ‘‘(1) ATTORNEY GENERAL MOTION.— 

11 ‘‘(A) NONVIOLENT OFFENSES COMMITTED

12 BEFORE A PERSON TURNED 15.—If a person is 

13 adjudicated delinquent under this chapter for a 

14 juvenile nonviolent offense committed before the 

15 person attained 15 years of age and completes 

16 every term of probation, official detention, or 

17 juvenile delinquent supervision ordered by the 

18 court with respect to the offense before attain19 ing 18 years of age, on the date on which the 

20 person attains 18 years of age, the Attorney 

21 General shall file a motion in the district court 

22 of the United States in which the person was 

23 adjudicated delinquent requesting that each ju24 venile record of the person that relates to the 

25 offense be expunged. 


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1 ‘‘(B) ARRESTS.—If a juvenile is arrested 

2 by a Federal law enforcement agency for a ju3 venile nonviolent offense for which a juvenile 

4 delinquency proceeding is not instituted under 

5 this chapter, and for which the United States 

6 does not proceed against the juvenile as an 

7 adult in a district court of the United States, 

8 the Attorney General shall file a motion in the 

9 district court of the United States that would 

10 have had jurisdiction of the proceeding request11 ing that each juvenile record relating to the ar12 rest be expunged. 

13 ‘‘(C) EXPUNGEMENT ORDER.—Upon the 

14 filing of a motion in a district court of the 

15 United States with respect to a juvenile non16 violent offense under subparagraph (A) or an 

17 arrest for a juvenile nonviolent offense under 

18 subparagraph (B), the court shall grant the mo19 tion and order that each juvenile record relating 

20 to the offense or arrest, as applicable, be ex21 punged. 

22 ‘‘(2) DISMISSED CASES.—If a district court of 

23 the United States dismisses an information with re24 spect to a juvenile under this chapter or finds a ju25 venile not to be delinquent in a juvenile delinquency 


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•S 1917 IS

1 proceeding under this chapter, the court shall con2 currently order that each juvenile record relating to 

3 the applicable proceeding be expunged. 

4 ‘‘(3) AUTOMATIC NATURE OF EXPUNGEMENT.— 

5 An order of expungement under paragraph (1)(C) or 

6 (2) shall not require any action by the person whose 

7 records are to be expunged. 

8 ‘‘(4) NOTICE OF AUTOMATIC EXPUNGEMENT.— 

9 A court that orders the expungement of a juvenile 

10 record of a person under paragraph (1)(C) or (2) 

11 shall, in writing, inform the person of the 

12 expungement and the benefits of expunging the 

13 record. 

14 ‘‘(b) PETITIONING FOR EXPUNGEMENT OF NON15 VIOLENT OFFENSES.— 

16 ‘‘(1) IN GENERAL.—A person who is adju17 dicated delinquent under this chapter for a juvenile 

18 nonviolent offense committed on or after the date on 

19 which the person attained 15 years of age may peti20 tion the court in which the proceeding took place to 

21 order the expungement of the juvenile record that 

22 relates to the offense unless the person— 

23 ‘‘(A) has been convicted of a crime or ad24 judicated delinquent for an act of juvenile delin25 quency since the date of the disposition; 


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1 ‘‘(B) is engaged in active criminal court 

2 proceedings or juvenile delinquency proceedings; 

3 or 

4 ‘‘(C) has had not less than 2 adjudications 

5 of delinquency previously expunged under this 

6 section. 

7 ‘‘(2) PROCEDURES.— 

8 ‘‘(A) NOTIFICATION OF PROSECUTOR AND

9 VICTIMS.—If a person files an expungement pe10 tition with respect to a juvenile nonviolent of11 fense, the court in which the petition is filed 

12 shall provide notice of the petition— 

13 ‘‘(i) to the Attorney General; and 

14 ‘‘(ii) upon the request of the peti15 tioner, to any other individual that the pe16 titioner determines may testify as to— 

17 ‘‘(I) the conduct of the petitioner 

18 since the date of the offense; or 

19 ‘‘(II) the reasons that the 

20 expungement order should be entered. 

21 ‘‘(B) HEARING.— 

22 ‘‘(i) IN GENERAL.—If a person files 

23 an expungement petition, the court shall— 


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1 ‘‘(I) except as provided in clause 

2 (iii), conduct a hearing in accordance 

3 with clause (ii); and 

4 ‘‘(II) determine whether to enter 

5 an expungement order for the person 

6 in accordance with subparagraph (C). 

7 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

8 OFFER EVIDENCE.— 

9 ‘‘(I) PETITIONER.—The peti10 tioner may testify or offer evidence at 

11 the expungement hearing in support 

12 of expungement. 

13 ‘‘(II) PROSECUTOR.—The Attor14 ney General may send a representa15 tive to testify or offer evidence at the 

16 expungement hearing in support of or 

17 against expungement. 

18 ‘‘(III) OTHER INDIVIDUALS.—An 

19 individual who receives notice under 

20 subparagraph (A)(ii) may testify or 

21 offer evidence at the expungement 

22 hearing as to the issues described in 

23 subclauses (I) and (II) of that sub24 paragraph. 


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1 ‘‘(iii) WAIVER OF HEARING.—If the 

2 petitioner and the Attorney General so 

3 agree, the court shall make a determina4 tion under subparagraph (C) without a 

5 hearing. 

6 ‘‘(C) BASIS FOR DECISION.—The court 

7 shall determine whether to grant an 

8 expungement petition after considering— 

9 ‘‘(i) the petition and any documents in 

10 the possession of the court; 

11 ‘‘(ii) all the evidence and testimony 

12 presented at the expungement hearing, if 

13 such a hearing is conducted; 

14 ‘‘(iii) the best interests of the peti15 tioner; 

16 ‘‘(iv) the age of the petitioner during 

17 his or her contact with the court or any 

18 law enforcement agency; 

19 ‘‘(v) the nature of the juvenile non20 violent offense; 

21 ‘‘(vi) the disposition of the case; 

22 ‘‘(vii) the manner in which the peti23 tioner participated in any court-ordered re24 habilitative programming or supervised 

25 services; 


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1 ‘‘(viii) the length of the time period 

2 during which the petitioner has been with3 out contact with any court or any law en4 forcement agency; 

5 ‘‘(ix) whether the petitioner has had 

6 any criminal or juvenile delinquency in7 volvement since the disposition of the juve8 nile delinquency proceeding; and 

9 ‘‘(x) the adverse consequences the pe10 titioner may suffer if the petition is not 

11 granted. 

12 ‘‘(D) WAITING PERIOD AFTER DENIAL.—If 

13 the court denies an expungement petition, the 

14 petitioner may not file a new expungement peti15 tion with respect to the same offense until the 

16 date that is 2 years after the date of the denial. 

17 ‘‘(E) UNIVERSAL FORM.—The Director of 

18 the Administrative Office of the United States 

19 Courts shall create a universal form, available 

20 over the Internet and in paper form, that an in21 dividual may use to file an expungement peti22 tion. 

23 ‘‘(F) NO FEE FOR INDIGENT PETI24 TIONERS.—If the court determines that the peVerDate Sep 11 2014 22:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S1917.IS S1917

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1 titioner is indigent, there shall be no cost for 

2 filing an expungement petition. 

3 ‘‘(G) REPORTING.—Not later than 2 years 

4 after the date of enactment of this section, and 

5 each year thereafter, the Director of the Admin6 istrative Office of the United States Courts 

7 shall issue a public report that— 

8 ‘‘(i) describes— 

9 ‘‘(I) the number of expungement 

10 petitions granted and denied under 

11 this subsection; and 

12 ‘‘(II) the number of instances in 

13 which the Attorney General supported 

14 or opposed an expungement petition; 

15 ‘‘(ii) includes any supporting data 

16 that the Director determines relevant and 

17 that does not name any petitioner; and 

18 ‘‘(iii) disaggregates all relevant data 

19 by race, ethnicity, gender, and the nature 

20 of the offense. 

21 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

22 ‘‘(i) PETITIONERS UNDER AGE 18.— 

23 The district court shall appoint counsel in 

24 accordance with the plan of the district 

25 court in operation under section 3006A to 


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1 represent a petitioner for purposes of this 

2 subsection if the petitioner is less than 18 

3 years of age. 

4 ‘‘(ii) PETITIONERS AGE 18 AND

5 OLDER.— 

6 ‘‘(I) DISCRETION OF COURT.—In 

7 the case of a petitioner who is not less 

8 than 18 years of age, the district 

9 court may, in its discretion, appoint 

10 counsel in accordance with the plan of 

11 the district court in operation under 

12 section 3006A to represent the peti13 tioner for purposes of this subsection. 

14 ‘‘(II) CONSIDERATIONS.—In de15 termining whether to appoint counsel 

16 under subclause (I), the court shall 

17 consider— 

18 ‘‘(aa) the anticipated com19 plexity of the expungement hear20 ing, including the number and 

21 type of witnesses called to advo22 cate against the expungement of 

23 the records of the petitioner; and 

24 ‘‘(bb) the potential for ad25 verse testimony by a victim or a 


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1 representative of the Attorney 

2 General. 

3 ‘‘(c) EFFECT OF EXPUNGED JUVENILE RECORD.— 

4 ‘‘(1) PROTECTION FROM DISCLOSURE.—Except 

5 as provided in paragraphs (4) through (8), if a court 

6 orders the expungement of a juvenile record of a 

7 person under subsection (a) or (b) with respect to a 

8 juvenile nonviolent offense, the proceedings in the 

9 case shall be deemed never to have occurred, and the 

10 person may properly reply accordingly to any inquiry 

11 about the events the records of which are ordered 

12 expunged. 

13 ‘‘(2) VERIFICATION OF EXPUNGEMENT.—If a 

14 court orders the expungement of a juvenile record 

15 under subsection (a) or (b) with respect to a juvenile 

16 nonviolent offense, the court shall— 

17 ‘‘(A) send a copy of the expungement order 

18 to each entity or person known to the court 

19 that possesses a record relating to the offense, 

20 including each— 

21 ‘‘(i) law enforcement agency; and 

22 ‘‘(ii) public or private correctional or 

23 detention facility; 

24 ‘‘(B) in the expungement order— 


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1 ‘‘(i) require each entity or person de2 scribed in subparagraph (A) to— 

3 ‘‘(I) seal the record for 1 year 

4 and, during that 1-year period, apply 

5 paragraphs (3) and (4) of section 

6 5043(c) with respect to the record; 

7 ‘‘(II) on the date that is 1 year 

8 after the date of the order, destroy 

9 the record unless a subsequent inci10 dent described in subsection (d)(2) oc11 curs; and 

12 ‘‘(III) submit a written certifi13 cation to the court, under penalty of 

14 perjury, that the entity or person has 

15 destroyed each paper and electronic 

16 copy of the record; and 

17 ‘‘(ii) explain that if a subsequent inci18 dent described in subsection (d)(2) occurs, 

19 the order shall be vacated and the record 

20 shall no longer be sealed; 

21 ‘‘(C) on the date that is 1 year after the 

22 date of the order, destroy each paper and elec23 tronic copy of the record in the possession of 

24 the court unless a subsequent incident described 

25 in subsection (d)(2) occurs; and 


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1 ‘‘(D) after receiving a written certification 

2 from each entity or person under subparagraph 

3 (B)(i)(III), notify the petitioner that each entity 

4 or person described in subparagraph (A) has 

5 destroyed each paper and electronic copy of the 

6 record. 

7 ‘‘(3) REPLY TO INQUIRIES.—On and after the 

8 date that is 1 year after the date on which a court 

9 orders the expungement of a juvenile record of a 

10 person under this section, in the case of an inquiry 

11 relating to the juvenile record, the court, each law 

12 enforcement officer, any agency that provided treat13 ment or rehabilitation services to the person, and the 

14 person (except as provided in paragraphs (4) 

15 through (8)) shall reply to the inquiry that no such 

16 juvenile record exists. 

17 ‘‘(4) CIVIL ACTIONS.— 

18 ‘‘(A) IN GENERAL.—On and after the date 

19 on which a court orders the expungement of a 

20 juvenile record of a person under this section, 

21 if the person brings an action against a law en22 forcement agency that arrested, or participated 

23 in the arrest of, the person for the offense to 

24 which the record relates, or against the State or 

25 political subdivision of a State of which the law 


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1 enforcement agency is an agency, in which the 

2 contents of the record are relevant to the reso3 lution of the issues presented in the action, 

4 there shall be a rebuttable presumption that the 

5 defendant has a complete defense to the action. 

6 ‘‘(B) SHOWING BY PLAINTIFF.—In an ac7 tion described in subparagraph (A), the plaintiff 

8 may rebut the presumption of a complete de9 fense by showing that the contents of the ex10 punged record would not prevent the defendant 

11 from being held liable. 

12 ‘‘(C) DUTY TO TESTIFY AS TO EXISTENCE

13 OF RECORD.—The court in which an action de14 scribed in subparagraph (A) is filed may re15 quire the plaintiff to state under oath whether 

16 the plaintiff had a juvenile record and whether 

17 the record was expunged. 

18 ‘‘(D) PROOF OF EXISTENCE OF JUVENILE

19 RECORD.—If the plaintiff in an action described 

20 in subparagraph (A) denies the existence of a 

21 juvenile record, the defendant may prove the ex22 istence of the record in any manner compatible 

23 with the applicable laws of evidence. 

24 ‘‘(5) CRIMINAL AND JUVENILE PRO25 CEEDINGS.—On and after the date that is 1 year 


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1 after the date on which a court orders the 

2 expungement of a juvenile record under this section, 

3 a prosecutor or other law enforcement officer may 

4 disclose underlying information from the juvenile 

5 record, and the person who is the subject of the ju6 venile record may be required to testify or otherwise 

7 disclose information about the record, in a criminal 

8 or other proceeding if such disclosure is required by 

9 the Constitution of the United States, the constitu10 tion of a State, or a Federal or State statute or rule. 

11 ‘‘(6) BACKGROUND CHECKS.—On and after the 

12 date that is 1 year after the date on which a court 

13 orders the expungement of a juvenile record under 

14 this section, in the case of a background check for 

15 law enforcement employment or for any employment 

16 that requires a government security clearance, the 

17 person who is the subject of the juvenile record may 

18 be required to disclose underlying information from 

19 the record. 

20 ‘‘(7) DISCLOSURE TO ARMED FORCES.—On and 

21 after the date that is 1 year after the date on which 

22 a court orders the expungement of a juvenile record 

23 under this section, a person, including a law enforce24 ment agency that possessed such a juvenile record, 

25 may be required to disclose underlying information 


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1 from the record to the Secretaries of the military de2 partments (or the Secretary of Homeland Security 

3 with respect to the Coast Guard when it is not oper4 ating as a service in the Navy) for the purpose of 

5 vetting an enlistment or commission, or with regard 

6 to any member of the Armed Forces. 

7 ‘‘(8) AUTHORIZATION FOR PERSON TO DIS8 CLOSE OWN RECORD.—A person who is the subject 

9 of a juvenile record expunged under this section may 

10 choose to disclose the record. 

11 ‘‘(9) TREATMENT AS SEALED RECORD DURING

12 TRANSITION PERIOD.—During the 1-year period be13 ginning on the date on which a court orders the 

14 expungement of a juvenile record under this section, 

15 paragraphs (3) and (4) of section 5043(c) shall 

16 apply with respect to the record as if the record had 

17 been sealed under that section. 

18 ‘‘(d) LIMITATION RELATING TO SUBSEQUENT INCI19 DENTS.— 

20 ‘‘(1) AFTER FILING AND BEFORE PETITION

21 GRANTED.—If, after the date on which a person files 

22 an expungement petition with respect to a juvenile 

23 offense and before the court determines whether to 

24 grant the petition, the person is convicted of a 

25 crime, adjudicated delinquent for an act of juvenile 


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1 delinquency, or engaged in active criminal court pro2 ceedings or juvenile delinquency proceedings, the 

3 court shall deny the petition. 

4 ‘‘(2) AFTER PETITION GRANTED.—If, on or 

5 after the date on which a court orders the 

6 expungement of a juvenile record of a person under 

7 subsection (b), the person is convicted of a crime, 

8 adjudicated delinquent for an act of juvenile delin9 quency, or engaged in active criminal court pro10 ceedings or juvenile delinquency proceedings— 

11 ‘‘(A) the court that ordered the 

12 expungement shall— 

13 ‘‘(i) vacate the order; and 

14 ‘‘(ii) notify the person who is the sub15 ject of the juvenile record, and each entity 

16 or person described in subsection 

17 (c)(2)(A), that the order has been vacated; 

18 and 

19 ‘‘(B) the record— 

20 ‘‘(i) shall not be expunged; or 

21 ‘‘(ii) if the record has been expunged 

22 because 1 year has elapsed since the date 

23 of the expungement order, shall not be 

24 treated as having been expunged. 


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1 ‘‘(e) INCLUSION OF STATE JUVENILE DELINQUENCY

2 ADJUDICATIONS AND PROCEEDINGS.—For purposes of 

3 subparagraphs (A), (B), and (C)(ix) of subsection (b)(1) 

4 and paragraphs (1) and (2) of subsection (d), the term 

5 ‘juvenile delinquency’ includes the violation of a law of a 

6 State committed by a person before attaining the age of 

7 18 years which would have been a crime if committed by 

8 an adult.’’. 

9 (2) TECHNICAL AND CONFORMING AMEND10 MENT.—The table of sections for chapter 403 of 

11 title 18, United States Code, is amended by adding 

12 at the end the following: 

‘‘5043. Sealing. 

‘‘5044. Expungement.’’. 

13 (3) APPLICABILITY.—Sections 5043 and 5044 

14 of title 18, United States Code, as added by para15 graph (1), shall apply with respect to a juvenile non16 violent offense (as defined in section 5031 of such 

17 title, as amended by subsection (b)) that is com18 mitted or alleged to have been committed before, on, 

19 or after the date of enactment of this Act. 

20 (e) RULE OF CONSTRUCTION.—Nothing in the 

21 amendments made by this section shall be construed to 

22 authorize the sealing or expungement of a record of a 

23 criminal conviction of a juvenile who was proceeded 

24 against as an adult in a district court of the United States. 


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1 SEC. 211. JUVENILE SOLITARY CONFINEMENT. 

2 (a) IN GENERAL.—Chapter 403 of title 18, United 

3 States Code, as amended by section 210, is amended by 

4 adding at the end the following: 

5 ‘‘§ 5045. Juvenile solitary confinement 

6 ‘‘(a) DEFINITIONS.—In this section— 

7 ‘‘(1) the term ‘covered juvenile’ means— 

8 ‘‘(A) a juvenile who— 

9 ‘‘(i) is being proceeded against under 

10 this chapter for an alleged act of juvenile 

11 delinquency; or 

12 ‘‘(ii) has been adjudicated delinquent 

13 under this chapter; or 

14 ‘‘(B) a juvenile who is being proceeded 

15 against as an adult in a district court of the 

16 United States for an alleged criminal offense; 

17 ‘‘(2) the term ‘juvenile facility’ means any facil18 ity where covered juveniles are— 

19 ‘‘(A) committed pursuant to an adjudica20 tion of delinquency under this chapter; or 

21 ‘‘(B) detained prior to disposition or con22 viction; and 

23 ‘‘(3) the term ‘room confinement’ means the in24 voluntary placement of a covered juvenile alone in a 

25 cell, room, or other area for any reason. 


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1 ‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JU2 VENILE FACILITIES.— 

3 ‘‘(1) IN GENERAL.—The use of room confine4 ment at a juvenile facility for discipline, punishment, 

5 retaliation, or any reason other than as a temporary 

6 response to a covered juvenile’s behavior that poses 

7 a serious and immediate risk of physical harm to 

8 any individual, including the covered juvenile, is pro9 hibited. 

10 ‘‘(2) JUVENILES POSING RISK OF HARM.— 

11 ‘‘(A) REQUIREMENT TO USE LEAST RE12 STRICTIVE TECHNIQUES.— 

13 ‘‘(i) IN GENERAL.—Before a staff 

14 member of a juvenile facility places a cov15 ered juvenile in room confinement, the 

16 staff member shall attempt to use less re17 strictive techniques, including— 

18 ‘‘(I) talking with the covered ju19 venile in an attempt to de-escalate the 

20 situation; and 

21 ‘‘(II) permitting a qualified men22 tal health professional to talk to the 

23 covered juvenile. 

24 ‘‘(ii) EXPLANATION.—If, after at25 tempting to use less restrictive techniques 


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1 as required under clause (i), a staff mem2 ber of a juvenile facility decides to place a 

3 covered juvenile in room confinement, the 

4 staff member shall first— 

5 ‘‘(I) explain to the covered juve6 nile the reasons for the room confine7 ment; and 

8 ‘‘(II) inform the covered juvenile 

9 that release from room confinement 

10 will occur— 

11 ‘‘(aa) immediately when the 

12 covered juvenile regains self-con13 trol, as described in subpara14 graph (B)(i); or 

15 ‘‘(bb) not later than after 

16 the expiration of the time period 

17 described in subclause (I) or (II) 

18 of subparagraph (B)(ii), as appli19 cable. 

20 ‘‘(B) MAXIMUM PERIOD OF CONFINE21 MENT.—If a covered juvenile is placed in room 

22 confinement because the covered juvenile poses 

23 a serious and immediate risk of physical harm 

24 to himself or herself, or to others, the covered 

25 juvenile shall be released— 


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1 ‘‘(i) immediately when the covered ju2 venile has sufficiently gained control so as 

3 to no longer engage in behavior that 

4 threatens serious and immediate risk of 

5 physical harm to himself or herself, or to 

6 others; or 

7 ‘‘(ii) if a covered juvenile does not suf8 ficiently gain control as described in clause 

9 (i), not later than— 

10 ‘‘(I) 3 hours after being placed in 

11 room confinement, in the case of a 

12 covered juvenile who poses a serious 

13 and immediate risk of physical harm 

14 to others; or 

15 ‘‘(II) 30 minutes after being 

16 placed in room confinement, in the 

17 case of a covered juvenile who poses a 

18 serious and immediate risk of physical 

19 harm only to himself or herself. 

20 ‘‘(C) RISK OF HARM AFTER MAXIMUM PE21 RIOD OF CONFINEMENT.—If, after the applica22 ble maximum period of confinement under sub23 clause (I) or (II) of subparagraph (B)(ii) has 

24 expired, a covered juvenile continues to pose a 


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•S 1917 IS

1 serious and immediate risk of physical harm de2 scribed in that subclause— 

3 ‘‘(i) the covered juvenile shall be 

4 transferred to another juvenile facility or 

5 internal location where services can be pro6 vided to the covered juvenile without rely7 ing on room confinement; or 

8 ‘‘(ii) if a qualified mental health pro9 fessional believes the level of crisis service 

10 needed is not currently available, a staff 

11 member of the juvenile facility shall ini12 tiate a referral to a location that can meet 

13 the needs of the covered juvenile. 

14 ‘‘(D) SPIRIT AND PURPOSE.—The use of 

15 consecutive periods of room confinement to 

16 evade the spirit and purpose of this subsection 

17 shall be prohibited.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

19 The table of sections for chapter 403 of title 18, United 

20 States Code, as amended by section 210, is amended by 

21 adding at the end the following: 

‘‘5045. Juvenile solitary confinement.’’. 


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•S 1917 IS

1 SEC. 212. ENSURING ACCURACY OF FEDERAL CRIMINAL 

2 RECORDS. 

3 (a) IN GENERAL.—Section 534 of title 28, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘(g) ENSURING ACCURACY OF FEDERAL CRIMINAL

7 RECORDS.— 

8 ‘‘(1) DEFINITIONS.— 

9 ‘‘(A) IN GENERAL.—In this subsection— 

10 ‘‘(i) the term ‘applicant’ means the in11 dividual to whom a record sought to be ex12 changed pertains; 

13 ‘‘(ii) the term ‘high-risk, public trust 

14 position’ means a position designated as a 

15 public trust position under section 

16 731.106(b) of title 5, Code of Federal Reg17 ulations, or any successor regulation; 

18 ‘‘(iii) the term ‘incomplete’, with re19 spect to a record, means the record— 

20 ‘‘(I) indicates that an individual 

21 was arrested but does not describe the 

22 offense for which the individual was 

23 arrested; or 

24 ‘‘(II) indicates that an individual 

25 was arrested or criminal proceedings 

26 were instituted against an individual 


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1 but does not include the final disposi2 tion of the arrest or of the pro3 ceedings if a final disposition has been 

4 reached; 

5 ‘‘(iv) the term ‘record’ means a record 

6 or other information collected under this 

7 section that relates to— 

8 ‘‘(I) an arrest by a Federal law 

9 enforcement officer; or 

10 ‘‘(II) a Federal criminal pro11 ceeding; 

12 ‘‘(v) the term ‘reporting jurisdiction’ 

13 means any person or entity that provides a 

14 record to the Attorney General under this 

15 section; and 

16 ‘‘(vi) the term ‘requesting entity’— 

17 ‘‘(I) means a person or entity 

18 that seeks the exchange of a record 

19 for civil purposes that include employ20 ment, housing, credit, or any other 

21 type of application; and 

22 ‘‘(II) does not include a law en23 forcement or intelligence agency that 

24 seeks the exchange of a record for— 


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1 ‘‘(aa) investigative purposes; 

2 or 

3 ‘‘(bb) purposes relating to 

4 law enforcement employment. 

5 ‘‘(B) RULE OF CONSTRUCTION.—The defi6 nition of the term ‘requesting entity’ under sub7 paragraph (A) shall not be construed to author8 ize access to records that is not otherwise au9 thorized by law. 

10 ‘‘(2) INCOMPLETE OR INACCURATE RECORDS.— 

11 The Attorney General shall establish and enforce 

12 procedures to ensure the prompt release of accurate 

13 records exchanged for employment-related purposes 

14 through the records system created under this sec15 tion. 

16 ‘‘(3) REQUIRED PROCEDURES.—The procedures 

17 established under paragraph (2) shall include the 

18 following: 

19 ‘‘(A) INACCURATE RECORD OR INFORMA20 TION.—If the Attorney General determines that 

21 a record is inaccurate, the Attorney General 

22 shall promptly correct the record, including by 

23 making deletions to the record if appropriate. 

24 ‘‘(B) INCOMPLETE RECORD.— 


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1 ‘‘(i) IN GENERAL.—If the Attorney 

2 General determines that a record is incom3 plete or cannot be verified, the Attorney 

4 General— 

5 ‘‘(I) shall attempt to complete or 

6 verify the record; and 

7 ‘‘(II) if unable to complete or 

8 verify the record, may promptly make 

9 any changes or deletions to the 

10 record. 

11 ‘‘(ii) LACK OF DISPOSITION OF AR12 REST.—For purposes of this subpara13 graph, an incomplete record includes a 

14 record that indicates there was an arrest 

15 and does not include the disposition of the 

16 arrest. 

17 ‘‘(iii) OBTAINING DISPOSITION OF AR18 REST.—If the Attorney General determines 

19 that a record is an incomplete record de20 scribed in clause (ii), the Attorney General 

21 shall, not later than 10 days after the date 

22 on which the requesting entity requests the 

23 exchange and before the exchange is made, 

24 obtain the disposition (if any) of the ar25 rest. 


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1 ‘‘(C) NOTIFICATION OF REPORTING JURIS2 DICTION.—The Attorney General shall notify 

3 each appropriate reporting jurisdiction of any 

4 action taken under subparagraph (A) or (B). 

5 ‘‘(D) OPPORTUNITY TO REVIEW RECORDS

6 BY APPLICANT.—In connection with an ex7 change of a record under this section, the At8 torney General shall— 

9 ‘‘(i) notify the applicant that the ap10 plicant can obtain a copy of the record as 

11 described in clause (ii) if the applicant 

12 demonstrates a reasonable basis for the ap13 plicant’s review of the record; 

14 ‘‘(ii) provide to the applicant an op15 portunity, upon request and in accordance 

16 with clause (i), to— 

17 ‘‘(I) obtain a copy of the record; 

18 and 

19 ‘‘(II) challenge the accuracy and 

20 completeness of the record; 

21 ‘‘(iii) promptly notify the requesting 

22 entity of any such challenge; 

23 ‘‘(iv) not later than 30 days after the 

24 date on which the challenge is made, com25 plete an investigation of the challenge; 


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•S 1917 IS

1 ‘‘(v) provide to the applicant the spe2 cific findings and results of that investiga3 tion; 

4 ‘‘(vi) promptly make any changes or 

5 deletions to the records required as a re6 sult of the challenge; and 

7 ‘‘(vii) report those changes to the re8 questing entity. 

9 ‘‘(E) CERTAIN EXCHANGES PROHIBITED.— 

10 ‘‘(i) IN GENERAL.—An exchange shall 

11 not include any record— 

12 ‘‘(I) except as provided in clause 

13 (ii), about an arrest more than 2 

14 years old as of the date of the request 

15 for the exchange, that does not also 

16 include a disposition (if any) of that 

17 arrest; 

18 ‘‘(II) relating to an adult or juve19 nile nonserious offense of the sort de20 scribed in section 20.32(b) of title 28, 

21 Code of Federal Regulations, as in ef22 fect on July 1, 2009; or 

23 ‘‘(III) to the extent the record is 

24 not clearly an arrest or a disposition 

25 of an arrest. 


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1 ‘‘(ii) APPLICANTS FOR SENSITIVE PO2 SITIONS.—The prohibition under clause 

3 (i)(I) shall not apply in the case of a back4 ground check that relates to— 

5 ‘‘(I) law enforcement employ6 ment; or 

7 ‘‘(II) any position that a Federal 

8 agency designates as a— 

9 ‘‘(aa) national security posi10 tion; or 

11 ‘‘(bb) high-risk, public trust 

12 position. 

13 ‘‘(4) FEES.—The Attorney General may collect 

14 a reasonable fee for an exchange of records for em15 ployment-related purposes through the records sys16 tem created under this section to defray the costs 

17 associated with exchanges for those purposes, includ18 ing any costs associated with the investigation of in19 accurate or incomplete records.’’. 

20 (b) REGULATIONS ON REASONABLE PROCEDURES.— 

21 Not later than 1 year after the date of enactment of this 

22 Act, the Attorney General shall issue regulations to carry 

23 out section 534(g) of title 28, United States Code, as 

24 added by subsection (a). 

25 (c) REPORT.— 


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1 (1) DEFINITION.—In this subsection, the term 

2 ‘‘record’’ has the meaning given the term in sub3 section (g) of section 534 of title 28, United States 

4 Code, as added by subsection (a). 

5 (2) REPORT REQUIRED.—Not later than 2 

6 years after the date of enactment of this Act, the 

7 Attorney General shall submit to Congress a report 

8 on the implementation of subsection (g) of section 

9 534 of title 28, United States Code, as added by 

10 subsection (a), that includes— 

11 (A) the number of exchanges of records for 

12 employment-related purposes made with entities 

13 in each State through the records system cre14 ated under such section 534; 

15 (B) any prolonged failure of a Federal 

16 agency to comply with a request by the Attor17 ney General for information about dispositions 

18 of arrests; and 

19 (C) the numbers of successful and unsuc20 cessful challenges to the accuracy and complete21 ness of records, organized by the Federal agen22 cy from which each record originated. 


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1 TITLE III—NATIONAL CRIMINAL 

2 JUSTICE COMMISSION ACT 

3 SEC. 301. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Criminal Jus5 tice Commission Act of 2017’’. 

6 SEC. 302. FINDINGS. 

7 Congress finds that— 

8 (1) it is in the interest of the Nation to estab9 lish a commission to undertake a comprehensive re10 view of the criminal justice system; 

11 (2) there has not been a comprehensive study 

12 since the President’s Commission on Law Enforce13 ment and Administration of Justice was established 

14 in 1965; 

15 (3) that commission, in a span of 18 months, 

16 produced a comprehensive report entitled ‘‘The 

17 Challenge of Crime in a Free Society’’, which con18 tained 200 specific recommendations on all aspects 

19 of the criminal justice system involving Federal, 

20 State, tribal, and local governments, civic organiza21 tions, religious institutions, business groups, and in22 dividual citizens; and 

23 (4) developments over the intervening 50 years 

24 require once again that Federal, State, tribal, and 

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1 stitutions, business groups, and individual citizens 

2 come together to review evidence and consider how 

3 to improve the criminal justice system. 

4 SEC. 303. ESTABLISHMENT OF COMMISSION. 

5 There is established a commission to be known as the 

6 ‘‘National Criminal Justice Commission’’ (referred to in 

7 this title as the ‘‘Commission’’). 

8 SEC. 304. PURPOSE OF THE COMMISSION. 

9 The Commission shall— 

10 (1) undertake a comprehensive review of the 

11 criminal justice system; 

12 (2) make recommendations for Federal criminal 

13 justice reform to the President and Congress; and 

14 (3) disseminate findings and supplemental guid15 ance to the Federal Government, as well as to State, 

16 local, and tribal governments. 

17 SEC. 305. REVIEW, RECOMMENDATIONS, AND REPORT. 

18 (a) GENERAL REVIEW.—The Commission shall un19 dertake a comprehensive review of all areas of the criminal 

20 justice system, including Federal, State, local, and tribal 

21 governments’ criminal justice costs, practices, and policies. 

22 (b) RECOMMENDATIONS.— 

23 (1) IN GENERAL.—Not later than 18 months 

24 after the first meeting of the Commission, the Com25 mission shall submit to the President and Congress 


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1 recommendations for changes in Federal oversight, 

2 policies, practices, and laws designed to prevent, 

3 deter, and reduce crime and violence, reduce recidi4 vism, improve cost-effectiveness, and ensure the in5 terests of justice at every step of the criminal justice 

6 system. 

7 (2) UNANIMOUS CONSENT REQUIRED.—A rec8 ommendation of the Commission may be adopted 

9 and submitted under paragraph (1) if the rec10 ommendation is approved by a unanimous vote of 

11 the Commissioners at a meeting where a quorum is 

12 present pursuant to section 306(d). 

13 (3) REQUIREMENT.—The recommendations 

14 submitted under this subsection shall be made avail15 able to the public. 

16 (c) REPORT.— 

17 (1) IN GENERAL.—Not later than 18 months 

18 after the first meeting of the Commission, the Com19 mission shall also disseminate to the Federal Gov20 ernment, as well as to State, local, and tribal gov21 ernments, a report that details the findings and sup22 plemental guidance of the Commission regarding the 

23 criminal justice system at all levels of government. 

24 (2) MAJORITY VOTE REQUIRED.—Commission 

25 findings and supplemental guidance may be adopted 


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1 and included in the report required under paragraph 

2 (1) if the findings or guidance is approved by a ma3 jority vote of the Commissioners at a meeting where 

4 a quorum is present pursuant to section 306(d), ex5 cept that any Commissioners dissenting from par6 ticular finding or supplemental guidance shall have 

7 the right to state the reason for their dissent in 

8 writing and such dissent shall be included in the re9 port of the Commission. 

10 (3) REQUIREMENT.—The report submitted 

11 under this subsection shall be made available to the 

12 public. 

13 (d) PRIOR COMMISSIONS.—The Commission shall 

14 take into consideration the work of prior relevant commis15 sions in conducting its review. 

16 (e) STATE AND LOCAL GOVERNMENT.—In issuing its 

17 recommendations and report under this section, the Com18 mission shall not infringe on the legitimate rights of the 

19 States to determine their own criminal laws or the enforce20 ment of such laws. 

21 (f) PUBLIC HEARINGS.—The Commission shall con22 duct public hearings in various locations around the 

23 United States. 

24 (g) CONSULTATION WITH GOVERNMENT AND NON25 GOVERNMENT REPRESENTATIVES.— 


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1 (1) IN GENERAL.—The Commission shall— 

2 (A) closely consult with Federal, State, 

3 local, and tribal government and nongovern4 mental leaders, including State, local, and tribal 

5 law enforcement officials, legislators, public 

6 health officials, judges, court administrators, 

7 prosecutors, defense counsel, victims’ rights or8 ganizations, probation and parole officials, 

9 criminal justice planners, criminologists, civil 

10 rights and liberties organizations, formerly in11 carcerated individuals, professional organiza12 tions, and corrections officials; and 

13 (B) include in the final report required 

14 under subsection (c) summaries of the input 

15 and recommendations of these leaders. 

16 (2) UNITED STATES SENTENCING COMMIS17 SION.—To the extent the review and recommenda18 tions required by this section relate to sentencing 

19 policies and practices for the Federal criminal jus20 tice system, the Commission shall conduct such re21 view and make such recommendations in consulta22 tion with the United States Sentencing Commission. 

23 (h) SENSE OF CONGRESS, GOAL OF UNANIMITY.— 

24 It is the sense of the Congress that, given the national 

25 importance of the matters before the Commission, the 


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1 Commission should work toward unanimously supported 

2 findings and supplemental guidance, and that unani3 mously supported findings and supplemental guidance 

4 should take precedence over those findings and supple5 mental guidance that are not unanimously supported. 

6 SEC. 306. MEMBERSHIP. 

7 (a) IN GENERAL.—The Commission shall be com8 posed of 14 members, as follows: 

9 (1) One member shall be appointed by the 

10 President, who shall serve as co-chairman of the 

11 Commission. 

12 (2) One member shall be appointed by the lead13 er of the Senate, in consultation with the leader of 

14 the House of Representatives, that is a member of 

15 the opposite party of the President, who shall serve 

16 as co-chairman of the Commission. 

17 (3) Two members shall be appointed by the sen18 ior member of the Senate leadership of the Demo19 cratic Party, in consultation with the Democratic 

20 leadership of the Committee on the Judiciary. 

21 (4) Two members shall be appointed by the sen22 ior member of the Senate leadership of the Repub23 lican Party, in consultation with the Republican 

24 leadership of the Committee on the Judiciary. 


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1 (5) Two members shall be appointed by the sen2 ior member of the leadership of the House of Rep3 resentatives of the Republican Party, in consultation 

4 with the Republican leadership of the Committee on 

5 the Judiciary. 

6 (6) Two members shall be appointed by the sen7 ior member of the leadership of the House of Rep8 resentatives of the Democratic Party, in consultation 

9 with the Democratic leadership of the Committee on 

10 the Judiciary. 

11 (7) Two members, who shall be State and local 

12 representatives, shall be appointed by the President 

13 in agreement with leader of the Senate (majority or 

14 minority leader, as the case may be) of the Repub15 lican Party and the leader of the House of Rep16 resentatives (majority or minority leader, as the case 

17 may be) of the Republican Party. 

18 (8) Two members, who shall be State and local 

19 representatives, shall be appointed by the President 

20 in agreement with leader of the Senate (majority or 

21 minority leader, as the case may be) of the Demo22 cratic Party and the leader of the House of Rep23 resentatives (majority or minority leader, as the case 

24 may be) of the Democratic Party. 

25 (b) MEMBERSHIP.— 


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1 (1) QUALIFICATIONS.—The individuals ap2 pointed from private life as members of the Commis3 sion shall be individuals with distinguished reputa4 tions for integrity and nonpartisanship who are na5 tionally recognized for expertise, knowledge, or expe6 rience in such relevant areas as— 

7 (A) law enforcement; 

8 (B) criminal justice; 

9 (C) national security; 

10 (D) prison and jail administration; 

11 (E) prisoner reentry; 

12 (F) public health, including physical and 

13 sexual victimization, drug addiction and mental 

14 health; 

15 (G) victims’ rights; 

16 (H) civil liberties; 

17 (I) court administration; 

18 (J) social services; and 

19 (K) State, local, and tribal government. 

20 (2) DISQUALIFICATION.—An individual shall 

21 not be appointed as a member of the Commission if 

22 such individual possesses any personal financial in23 terest in the discharge of any of the duties of the 

24 Commission. 


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1 (3) TERMS.—Members shall be appointed for 

2 the life of the Commission. 

3 (c) APPOINTMENT; FIRST MEETING.— 

4 (1) APPOINTMENT.—Members of the Commis5 sion shall be appointed not later than 45 days after 

6 the date of the enactment of this Act. 

7 (2) FIRST MEETING.—The Commission shall 

8 hold its first meeting on the date that is 60 days 

9 after the date of enactment of this Act, or not later 

10 than 30 days after the date on which funds are 

11 made available for the Commission, whichever is 

12 later. 

13 (3) ETHICS.—At the first meeting of the Com14 mission, the Commission shall draft appropriate eth15 ics guidelines for commissioners and staff, including 

16 guidelines relating to conflict of interest and finan17 cial disclosure. The Commission shall consult with 

18 the Senate and House Committees on the Judiciary 

19 as a part of drafting the guidelines and furnish the 

20 Committees with a copy of the completed guidelines. 

21 (d) MEETINGS; QUORUM; VACANCIES.— 

22 (1) MEETINGS.—The Commission shall meet at 

23 the call of the co-chairs or a majority of its mem24 bers. 


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1 (2) QUORUM.—Eight members of the Commis2 sion shall constitute a quorum for purposes of con3 ducting business, except that 2 members of the 

4 Commission shall constitute a quorum for purposes 

5 of receiving testimony. 

6 (3) VACANCIES.—Any vacancy in the Commis7 sion shall not affect its powers, but shall be filled in 

8 the same manner in which the original appointment 

9 was made. If vacancies in the Commission occur on 

10 any day after 45 days after the date of the enact11 ment of this Act, a quorum shall consist of a major12 ity of the members of the Commission as of such 

13 day, so long as not less than 1 Commission member 

14 chosen by a member of each party, Republican and 

15 Democratic, is present. 

16 (e) ACTIONS OF COMMISSION.— 

17 (1) IN GENERAL.—The Commission— 

18 (A) shall, subject to the requirements of 

19 section 305, act by resolution agreed to by a 

20 majority of the members of the Commission 

21 voting and present; and 

22 (B) may establish panels composed of less 

23 than the full membership of the Commission for 

24 purposes of carrying out the duties of the Com25 mission under this title— 


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1 (i) which shall be subject to the review 

2 and control of the Commission; and 

3 (ii) any findings and determinations 

4 made by such a panel shall not be consid5 ered the findings and determinations of the 

6 Commission unless approved by the Com7 mission. 

8 (2) DELEGATION.—Any member, agent, or staff 

9 of the Commission may, if authorized by the co10 chairs of the Commission, take any action which the 

11 Commission is authorized to take pursuant to this 

12 Act. 

13 SEC. 307. ADMINISTRATION. 

14 (a) STAFF.— 

15 (1) EXECUTIVE DIRECTOR.—The Commission 

16 shall have a staff headed by an Executive Director. 

17 The Executive Director shall be paid at a rate estab18 lished for the Certified Plan pay level for the Senior 

19 Executive Service under section 5382 of title 5, 

20 United States Code. 

21 (2) APPOINTMENT AND COMPENSATION.—The 

22 co-chairs of the Commission shall designate and fix 

23 the compensation of the Executive Director and, in 

24 accordance with rules agreed upon by the Commis25 sion, may appoint and fix the compensation of such 


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1 other personnel as may be necessary to enable the 

2 Commission to carry out its functions, without re3 gard to the provisions of title 5, United States Code, 

4 governing appointments in the competitive service, 

5 and without regard to the provisions of chapter 51 

6 and subchapter III of chapter 53 of such title relat7 ing to classification and General Schedule pay rates, 

8 except that no rate of pay fixed under this sub9 section may exceed the equivalent of that payable for 

10 a position at level V of the Executive Schedule under 

11 section 5316 of title 5, United States Code. 

12 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

13 (A) IN GENERAL.—The executive director 

14 and any personnel of the Commission who are 

15 employees shall be employees under section 

16 2105 of title 5, United States Code, for pur17 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

18 and 90 of that title. 

19 (B) MEMBERS OF COMMISSION.—Subpara20 graph (A) shall not be construed to apply to 

21 members of the Commission. 

22 (4) THE COMPENSATION OF COMMISSIONERS.— 

23 Each member of the Commission may be com24 pensated at not to exceed the daily equivalent of the 

25 annual rate of basic pay in effect for a position at 


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1 level V of the Executive Schedule under section 5315 

2 of title 5, United States Code, for each day during 

3 which that member is engaged in the actual per4 formance of the duties of the Commission. All mem5 bers of the Commission who are officers or employ6 ees of the United States, State, or local government 

7 shall serve without compensation in addition to that 

8 received for their services as officers or employees. 

9 (5) TRAVEL EXPENSES.—While away from 

10 their homes or regular places of business in the per11 formance of services for the Commission, members 

12 of the Commission shall be allowed travel expenses, 

13 including per diem in lieu of subsistence, in the 

14 same manner as persons employed intermittently in 

15 the Government service are allowed expenses under 

16 section 5703(b) of title 5, United States Code. 

17 (b) EXPERTS AND CONSULTANTS.—With the ap18 proval of the Commission, the Executive Director may 

19 procure temporary and intermittent services under section 

20 3109(b) of title 5, United States Code. 

21 (c) DETAIL OF GOVERNMENT EMPLOYEES.—Upon 

22 the request of the Commission, the head of any Federal 

23 agency may detail, without reimbursement, any of the per24 sonnel of such agency to the Commission to assist in car25 rying out the duties of the Commission. Any such detail 


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1 shall not interrupt or otherwise affect the civil service sta2 tus or privileges of the Federal employee. 

3 (d) OTHER RESOURCES.—The Commission shall 

4 have reasonable access to materials, resources, statistical 

5 data, and other information such Commission determines 

6 to be necessary to carry out its duties from the Library 

7 of Congress, the Department of Justice, the Office of Na8 tional Drug Control Policy, the Department of State, and 

9 other agencies of the executive and legislative branches of 

10 the Federal Government. The co-chairs of the Commission 

11 shall make requests for such access in writing when nec12 essary. 

13 (e) VOLUNTEER SERVICES.—Notwithstanding the 

14 provisions of section 1342 of title 31, United States Code, 

15 the Commission is authorized to accept and utilize the 

16 services of volunteers serving without compensation. The 

17 Commission may reimburse such volunteers for local travel 

18 and office supplies, and for other travel expenses, includ19 ing per diem in lieu of subsistence, as authorized by sec20 tion 5703 of title 5, United States Code. A person pro21 viding volunteer services to the Commission shall be con22 sidered an employee of the Federal Government in per23 formance of those services for the purposes of chapter 81 

24 of title 5, United States Code, relating to compensation 

25 for work-related injuries, chapter 171 of title 28, United 


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1 States Code, relating to tort claims, and chapter 11 of 

2 title 18, United States Code, relating to conflicts of inter3 est. 

4 (f) OBTAINING OFFICIAL DATA.—The Commission 

5 may secure directly from any agency of the United States 

6 information necessary to enable it to carry out this Act. 

7 Upon the request of the co-chairs of the Commission, the 

8 head of that department or agency shall furnish that infor9 mation to the Commission. The Commission shall not have 

10 access to sensitive information regarding ongoing inves11 tigations. 

12 (g) MAILS.—The Commission may use the United 

13 States mails in the same manner and under the same con14 ditions as other departments and agencies of the United 

15 States. 

16 (h) ADMINISTRATIVE REPORTING.—The Commission 

17 shall issue biannual status reports to Congress regarding 

18 the use of resources, salaries, and all expenditures of ap19 propriated funds. 

20 (i) CONTRACTS.—The Commission is authorized to 

21 enter into contracts with Federal and State agencies, pri22 vate firms, institutions, and individuals for the conduct of 

23 activities necessary to the discharge of its duties and re24 sponsibilities. A contract, lease or other legal agreement 


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1 entered into by the Commission may not extend beyond 

2 the date of the termination of the Commission. 

3 (j) GIFTS.—Subject to existing law, the Commission 

4 may accept, use, and dispose of gifts or donations of serv5 ices or property. 

6 (k) ADMINISTRATIVE ASSISTANCE.—The Adminis7 trator of General Services shall provide to the Commis8 sion, on a reimbursable basis, the administrative support 

9 services necessary for the Commission to carry out its re10 sponsibilities under this Act. These administrative services 

11 may include human resource management, budget, leas12 ing, accounting, and payroll services. 

13 (l) NONAPPLICABILITY OF FACA AND PUBLIC AC14 CESS TO MEETINGS AND MINUTES.— 

15 (1) IN GENERAL.—The Federal Advisory Com16 mittee Act (5 U.S.C. App.) shall not apply to the 

17 Commission. 

18 (2) MEETINGS AND MINUTES.— 

19 (A) MEETINGS.— 

20 (i) ADMINISTRATION.—All meetings of 

21 the Commission shall be open to the pub22 lic, except that a meeting or any portion of 

23 it may be closed to the public if it concerns 

24 matters or information described in section 

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1 terested persons shall be permitted to ap2 pear at open meetings and present oral or 

3 written statements on the subject matter 

4 of the meeting. The Commission may ad5 minister oaths or affirmations to any per6 son appearing before it. 

7 (ii) NOTICE.—All open meetings of 

8 the Commission shall be preceded by time9 ly public notice in the Federal Register of 

10 the time, place, and subject of the meeting. 

11 (B) MINUTES AND PUBLIC AVAIL12 ABILITY.—Minutes of each open meeting shall 

13 be kept and shall contain a record of the people 

14 present, a description of the discussion that oc15 curred, and copies of all statements filed. The 

16 minutes and records of all open meetings and 

17 other documents that were made available to or 

18 prepared for the Commission shall be available 

19 for public inspection and copying at a single lo20 cation in the offices of the Commission. 

21 (m) ARCHIVING.—Not later than the date of termi22 nation of the Commission, all records and papers of the 

23 Commission shall be delivered to the Archivist of the 

24 United States for deposit in the National Archives. 


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1 SEC. 308. FUNDING. 

2 (a) DETERMINATION OF SAVINGS.—Not later than 

3 90 days after the date of enactment of this Act, the Direc4 tor of the Office of Management and Budget shall deter5 mine the total amount of savings projected to be realized 

6 by the implementation of title I during the 10-fiscal-year 

7 period beginning on the first day of the first fiscal year 

8 beginning after the date of enactment of this Act. 

9 (b) TRANSFERS INTO FUND.— 

10 (1) ESTABLISHMENT OF FUND.—There is es11 tablished in the Treasury a fund to be known as the 

12 National Criminal Justice Commission Fund (re13 ferred to in this section as the ‘‘Fund’’). 

14 (2) TRANSFERS.—Effective on the date on 

15 which the Director of the Office of Management and 

16 Budget determines the amount of savings under sub17 section (a), the Secretary of the Treasury shall 

18 transfer from the general fund of the Treasury to 

19 the Fund an amount equal to the lesser of the 

20 amount of savings or $14,000,000. 

21 (3) USE OF FUNDS.—Of the amount trans22 ferred to the Fund under paragraph (2)— 

23 (A) 50 percent shall be available to the 

24 Commission without further appropriation to 

25 carry out this title for the first fiscal year after 

26 the date of enactment of this Act; and 


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1 (B) 50 percent shall be available to the 

2 Commission without further appropriation to 

3 carry out this title for the second fiscal year 

4 after the date of enactment of this Act. 

5 (c) DISCRETIONARY SPENDING LIMITS ADJUST6 MENT.—Section 251(b)(2) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985 (2 U.S.C. 

8 901(b)(2)) is amended by adding at the end the following: 

9 ‘‘(E) NATIONAL CRIMINAL JUSTICE COM10 MISSION.—If amounts are transferred to the 

11 National Criminal Justice Commission Fund es12 tablished under section 308(b) of the National 

13 Criminal Justice Commission Act of 2017, the 

14 adjustment shall be a reduction in the discre15 tionary spending limit for the revised nonsecu16 rity category— 

17 ‘‘(i) for the first fiscal year after the 

18 date of enactment of that Act, in an 

19 amount equal to 50 percent of the amount 

20 transferred to the Fund; and 

21 ‘‘(ii) for the second fiscal year after 

22 the date of enactment of that Act, in an 

23 amount equal to 50 percent of the amount 

24 transferred to the Fund.’’. 

25 (d) BUDGETARY EFFECTS.— 


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1 (1) STATUTORY PAYGO SCORECARDS.—The 

2 budgetary effects of this section shall not be entered 

3 on either PAYGO scorecard maintained pursuant to 

4 section 4(d) of the Statutory Pay-As-You-Go Act of 

5 2010. 

6 (2) SENATE PAYGO SCORECARDS.—The budg7 etary effects of this section shall not be entered on 

8 any PAYGO scorecard maintained for purposes of 

9 section 201 of S. Con. Res. 21 (110th Congress). 

10 SEC. 309. SUNSET. 

11 The Commission shall terminate 60 days after the 

12 Commission submits the report required under section 305 

13 to Congress. 

Æ 


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