1181 
maximum sentence of imprisonment prescribed by 
law, for a study as described in subsection (d). 
‘‘(2) REPORT AND RECOMMENDATIONS OF DI-
RECTOR.—Not later than 3 months after a defend-
ant is committed under paragraph (1), unless the 
court grants additional time, not to exceed 3 
months, for further study, the results of the study 
described in subsection (d), together with any rec-
ommendations which the Director believes would be 
helpful in determining the disposition of the case, 
shall be furnished to the court. 
‘‘(3) SENTENCING AFTER ADDITIONAL INFOR-
MATION.—After receiving a report and recommenda-
tions under paragraph (2), the court may in its dis-
cretion— 
‘‘(A) place the offender on probation in ac-
cordance with subchapter A; or 
‘‘(B)(i)(I) affirm the sentence of imprison-
ment originally deemed to be imposed; or 
‘‘(II) reduce the sentence of imprisonment; 
and 
‘‘(ii) commit the offender under any appli-
cable provision of law. 
‘‘(4) RUNNING OF TERM.—The term of a sen-
tence imposed under paragraph (3) shall run from 
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the date of original commitment under this sub-
section. 
‘‘(d) STUDY UPON COMMITMENT.— 
‘‘(1) IN
GENERAL.—Upon commitment of a 
prisoner sentenced to imprisonment under sub-
section (a) or (b), the Director, under such regula-
tions as the Attorney General may prescribe, shall 
cause a complete study to be made of the prisoner 
and shall furnish to the Commission a summary re-
port together with any recommendations which in 
the opinion of the Director would be helpful in deter-
mining the suitability of the prisoner for parole. 
‘‘(2) CONTENTS.—A report under paragraph 
(1) may include— 
‘‘(A) data regarding the prisoner’s previous 
delinquency or criminal experience; 
‘‘(B) pertinent circumstances of the social 
background, capabilities, and mental and phys-
ical health of the prisoner; and 
‘‘(C) consideration of such other factors as 
may be considered pertinent. 
‘‘(3) STUDY BY COMMISSION.—The Commission 
may make such other investigation relating to a 
prisoner as it may determine necessary. 
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‘‘(e) PROVISION OF INFORMATION.—Upon request of 
the Commission, it shall be the duty of the various proba-
tion officers and agencies of the Federal Government to 
furnish the Commission— 
‘‘(1) information available to such officer or 
agency concerning any eligible prisoner or parolee; 
and 
‘‘(2) whenever not incompatible with the public 
interest, their views and recommendation with re-
spect to any matter within the jurisdiction of the 
Commission. 
‘‘(f) REDUCTION OF MINIMUM TERM.—At any time, 
upon motion of the Director, the court may reduce any 
minimum term before a prisoner may be released on pa-
role to the time the prisoner has served. The court shall 
have jurisdiction to act upon the application at any time 
and no hearing shall be required. 
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sub-
chapter shall be construed to provide that any prisoner 
shall be eligible for release on parole if such prisoner is 
ineligible for such release under any other provision of law. 
‘‘§ 3635. Parole determination criteria 
‘‘(a) IN GENERAL.—Subject to subsections (b) and 
(c), and in accordance with guidelines promulgated by the 
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Commission under section 3632, an eligible prisoner shall 
be released on parole if— 
‘‘(1) the eligible prisoner has substantially ob-
served the rules of the institution or institutions to 
which the eligible prisoner has been confined; and 
‘‘(2) the Commission, upon consideration of the 
nature and circumstances of the offense and the his-
tory and characteristics of the eligible prisoner, de-
termines that release would not— 
‘‘(A) depreciate the seriousness of the of-
fense or promote disrespect for the law; or 
‘‘(B) jeopardize the public welfare. 
‘‘(b) EXCEPTION.—Notwithstanding the guidelines 
promulgated by the Commission under section 3632, the 
Commission may grant or deny release on parole if it de-
termines there is good cause for so doing. 
‘‘(c) NOTICE.—The Commission shall furnish an eli-
gible prisoner with a written notice of its determination 
(including any determination described in subsection (b)) 
not later than 21 days, excluding holidays, after the date 
of the parole determination proceeding. If parole is denied, 
such notice shall state with particularity the reasons for 
such denial. 
‘‘(d) CERTAIN PRISONERS.— 
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‘‘(1) IN GENERAL.—Subject to paragraph (2), 
any prisoner serving a term or terms of imprison-
ment of 5 years or longer, who is not earlier released 
under this section or any other applicable provision 
of law, shall be released on parole— 
‘‘(A) on the date on which the prisoner has 
served 66.6 percent of each consecutive term or 
terms; or 
‘‘(B) for a prisoner serving consecutive 
term or terms of imprisonment of more than 45 
years (including any life term), the earlier of— 
‘‘(i) the date described in subpara-
graph (A); or 
‘‘(ii) the date on which the prisoner 
has served 30 years. 
‘‘(2) EXCEPTION.—The Commission shall not 
release a prisoner under paragraph (1) if it deter-
mines that— 
‘‘(A) the prisoner has seriously or fre-
quently violated institution rules and regula-
tions; or 
‘‘(B) there is a reasonable probability that 
the prisoner will commit any Federal, State, or 
local crime. 
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‘‘§ 3636. Information considered 
‘‘In making a determination under this subchapter 
relating to release on parole of an eligible prisoner, the 
Commission shall consider, if available and relevant— 
‘‘(1) reports and recommendations which the 
staff of the facility in which such eligible prisoner is 
confined may make; 
‘‘(2) official reports of the eligible prisoner’s 
prior criminal record, including a report or record of 
earlier probation and parole experiences; 
‘‘(3) presentence investigation reports; 
‘‘(4) recommendations regarding the eligible 
prisoner’s parole made at the time of sentencing by 
the sentencing judge; 
‘‘(5) reports of physical, mental, or psychiatric 
examination of the eligible prisoner; and 
‘‘(6) such additional relevant information con-
cerning the eligible prisoner (including information 
submitted by the eligible prisoner) as may be reason-
ably available. 
‘‘§ 3637. Parole determination proceeding; time 
‘‘(a) PROCEEDINGS.— 
‘‘(1) IN GENERAL.—In making a determination 
under this subchapter (relating to parole), the Com-
mission shall conduct a parole determination pro-
ceeding unless it determines on the basis of the eligi-
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ble prisoner’s record that the eligible prisoner will be 
released on parole. 
‘‘(2) TIMING.— 
‘‘(A) IN GENERAL.—Whenever feasible, the 
initial parole determination proceeding for a 
prisoner eligible for parole under subsection 
(a)(1) or (b)(1) of section 3634 shall be held 
not later than 30 days before the date of such 
eligibility for parole. 
‘‘(B) OTHER
PROCEEDINGS.—Whenever 
feasible, the initial parole determination pro-
ceeding for a prisoner eligible for parole under 
section 3634(b)(2) or who was released on pa-
role, and whose parole has been revoked, shall 
be held not later than 120 days following such 
prisoner’s imprisonment or reimprisonment in a 
Federal institution, as the case may be. 
‘‘(3) WAIVER.—An eligible prisoner may know-
ingly and intelligently waive any parole determina-
tion proceeding. 
‘‘(b) NOTICE.— 
‘‘(1) IN GENERAL.—Not later than 30 days be-
fore a parole determination proceeding relating to an 
eligible prisoner, the eligible prisoner shall be pro-
vided with— 
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‘‘(A) written notice of the time and place 
of the proceeding; and 
‘‘(B) reasonable access to any reports or 
other documents to be used by the Commission 
in making its determination. 
‘‘(2) WAIVER.—An eligible prisoner may waive 
notice of a parole determination proceeding, except 
that if notice is not waived, the proceeding shall be 
held during the next regularly scheduled proceedings 
by the Commission at the institution in which the el-
igible prisoner is confined. 
‘‘(c) WITHHOLDING OF CERTAIN MATERIALS.— 
‘‘(1) IN GENERAL.—Subsection (b)(1)(B) shall 
not apply to— 
‘‘(A) diagnostic opinions which, if made 
known to the eligible prisoner, could lead to a 
serious disruption of the institutional program; 
‘‘(B) any document which reveals sources 
of information obtained upon a promise of con-
fidentiality; or 
‘‘(C) any other information which, if dis-
closed, might result in harm, physical or other-
wise, to any person. 
‘‘(2) SUMMARIES.—If access to a report or 
other document is not provided by the Commission, 
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the Bureau of Prisons, or any other agency under 
paragraph (1), the Commission, the Bureau, or such 
other agency, respectively, shall provide to the eligi-
ble prisoner a summary of the basic contents of the 
material withheld, bearing in mind the need for con-
fidentiality and the impact on the eligible prisoner. 
‘‘(d) CONSULTATION AND REPRESENTATION.— 
‘‘(1) IN GENERAL.—During the period before a 
parole determination proceeding described in sub-
section (b)(1), an eligible prisoner may consult, as 
provided by the Director, with a representative as 
referred to in paragraph (2), and by mail or other-
wise with any person concerning such proceeding. 
‘‘(2) REPRESENTATION
AT
PROCEEDING.—An 
eligible prisoner shall, if the eligible prisoner choos-
es, be represented at the parole determination pro-
ceeding by a representative who qualifies under rules 
promulgated by the Commission. Such rules shall 
not exclude attorneys as a class. 
‘‘(e) TESTIMONY BY ELIGIBLE PRISONER.—An eligi-
ble prisoner shall be allowed to appear and testify on his 
or her own behalf at the parole determination proceeding. 
‘‘(f) RECORDS.—A full and complete record of every 
parole determination proceeding shall be retained by the 
Commission. Upon request, the Commission shall make 
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1190 
available to any eligible prisoner such record as the Com-
mission may retain of the parole determination pro-
ceeding. 
‘‘(g) CONFERENCE IF DENIED.—If parole is denied, 
and if feasible— 
‘‘(1) a personal conference to explain the rea-
sons for the denial shall be held between the eligible 
prisoner and the Commissioners or examiners con-
ducting the proceeding at the conclusion of the pro-
ceeding; and 
‘‘(2) the conference shall include advice to the 
eligible prisoner as to what steps may be taken to 
enhance the chance of being released at a subse-
quent proceeding. 
‘‘(h) SUBSEQUENT PROCEEDINGS IF DENIED.—In 
any case in which release on parole is not granted, subse-
quent parole determination proceedings shall be held not 
less frequently than every— 
‘‘(1) 18 months in the case of an eligible pris-
oner serving a term or terms of imprisonment of 
more than 1 year and less than 7 years; and 
‘‘(2) 24 months in the case of an eligible pris-
oner serving a term or terms of imprisonment of not 
less than 7 years. 
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1191 
‘‘§ 3638. Conditions of parole 
‘‘(a) CONDITIONS.— 
‘‘(1) NO OTHER CRIMES.—In every case, the 
Commission shall impose as a condition of parole 
that the parolee not commit another Federal, State, 
or local crime. 
‘‘(2) OTHER CONDITIONS.—The Commission— 
‘‘(A) may impose or modify other condi-
tions of parole to the extent that such condi-
tions are reasonably related to— 
‘‘(i) the nature and circumstances of 
the offense; and 
‘‘(ii) the history and characteristics of 
the parolee; and 
‘‘(B) may provide for such supervision and 
other limitations as are reasonable to protect 
the public welfare. 
‘‘(b) SCOPE OF CONDITIONS.— 
‘‘(1) IN GENERAL.—The conditions of parole 
should be sufficiently specific to serve as a guide to 
supervision and conduct. 
‘‘(2) CERTIFICATE.—Upon release on parole, a 
parolee shall be given a certificate setting forth the 
conditions of parole. An effort shall be made to 
make certain that the parolee understands the condi-
tions of parole. 
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‘‘(c) TREATMENT.— 
‘‘(1) IN GENERAL.—Release on parole or re-
lease as if on parole may as a condition of such re-
lease require— 
‘‘(A) a parolee to reside in or participate in 
the program of a residential community treat-
ment center, or both, for all or part of the pe-
riod of such parole; and 
‘‘(B) a parolee who is an addict (as defined 
under section 102 of the Controlled Substances 
Act (21 U.S.C. 802)) or a drug dependent per-
son (as defined in section 2 of the Public 
Health Service Act (42 U.S.C. 201)) to undergo 
available medical, psychiatric, or psychological 
treatment for drug or alcohol dependency for all 
or part of the period of parole. 
‘‘(2) COSTS.—A parolee residing in a residen-
tial community treatment center pursuant to para-
graph (1) may be required to pay such costs incident 
to residence as the Commission determines appro-
priate. 
‘‘(d) MODIFICATION OF CONDITIONS.— 
‘‘(1) IN GENERAL.—The Commission may mod-
ify conditions of parole under this section on its own 
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motion, or on the motion of a United States proba-
tion officer supervising a parolee. 
‘‘(2) NOTICE REQUIRED.—A parolee shall re-
ceive notice of a proposed modification of conditions 
of parol and a period of not less than 10 days after 
receipt of such notice to express the views of the pa-
rolee on the proposed modification. 
‘‘(3) PERIOD FOR DETERMINATION.—Not later 
than 21 days after the end of the 10-day period de-
scribed in paragraph (2), the Commission shall act 
upon a motion or application to modify conditions of 
parole. 
‘‘(4) PETITION BY PAROLEE.—A parolee may 
petition the Commission for a modification of condi-
tions under this section. 
‘‘(5) 
RELATION
TO
REVOCATION
PRO-
CEEDINGS.—This subsection shall not apply to modi-
fications of parole conditions under a revocation pro-
ceeding under section 3643. 
‘‘§ 3639. Jurisdiction of Commission 
‘‘(a) ATTORNEY GENERAL JURISDICTION.—A pa-
rolee shall remain in the legal custody and under the con-
trol of the Attorney General, until the expiration of the 
maximum term or terms of imprisonment to which such 
parolee was sentenced. 
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1194 
‘‘(b) JURISDICTION OF COMMISSION GENERALLY.— 
Except as otherwise provided in this section, the jurisdic-
tion of the Commission over the parolee shall terminate 
not later than the date of the expiration of the maximum 
term or terms for which the parolee was sentenced, except 
that— 
‘‘(1) such jurisdiction shall terminate at an ear-
lier date to the extent provided under section 
3624(b)(5) or section 3640; and 
‘‘(2) in the case of a parolee who has been con-
victed of a Federal, State, or local crime committed 
subsequent to release on parole that is punishable by 
a term of imprisonment, detention, or incarceration 
in any penal facility, the Commission shall deter-
mine, in accordance with subsection (b) or (c) of sec-
tion 3643, whether all or any part of the unexpired 
term being served at the time of parole shall run 
concurrently or consecutively with the sentence im-
posed for the new offense, but in no case shall such 
service together with such time as the parolee has 
previously served in connection with the offense for 
which the parolee was paroled, be longer than the 
maximum term for which the parolee was sentenced 
in connection with such offense. 
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‘‘(c) INTENTIONAL FAILURE OR REFUSAL.—If a pa-
rolee intentionally refuses or fails to respond to any rea-
sonable request, order, summons, or warrant of the Com-
mission or any member or agent thereof, the jurisdiction 
of the Commission may be extended for the period during 
which the parolee so refuses or fails to respond. 
‘‘(d) OTHER SENTENCES.—The parole of any parolee 
shall run concurrently with the period of parole or proba-
tion under any other Federal, State, or local sentence. 
Upon the termination of the jurisdiction of the Commis-
sion over any parolee, the Commission shall issue a certifi-
cate of discharge to the parolee and to such other agencies 
as it may determine. 
‘‘§ 3640. Early termination of parole 
‘‘(a) IN GENERAL.—Upon its own motion or upon re-
quest of the parolee, the Commission may terminate su-
pervision over a parolee prior to the termination of juris-
diction under section 3639. 
‘‘(b) STATUS REVIEWS.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after a parolee is released on parole, and every year 
thereafter, the Commission shall review the status of 
the parolee to determine the need for continued su-
pervision. 
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‘‘(2) EXCLUSION
OF
CERTAIN
PERIODS.—In 
calculating the 2-year period described in paragraph 
(1), there shall not be included any period of release 
on parole prior to the most recent such release, nor 
any period served in confinement on any other sen-
tence. 
‘‘(c) TERMINATION AFTER 5 YEARS.— 
‘‘(1) IN GENERAL.—Five years after a parolee 
is released on parole, the Commission shall termi-
nate supervision over the parolee unless the Commis-
sion determines, after a hearing conducted in ac-
cordance with the procedures prescribed in section 
3643(a)(2), that such supervision should not be ter-
minated because there is a likelihood that the pa-
rolee will engaged in conduct violating any criminal 
law. 
‘‘(2) CONTINUATION
OF
PAROLE.—If super-
vision is not terminated under paragraph (1), the 
parolee may request a hearing annually thereafter, 
and a hearing, with procedures in accordance with 
paragraph (1), shall be conducted with respect to 
such termination of supervision not less frequently 
than every 2 years. 
‘‘(3) EXCLUSION
OF
CERTAIN
PERIODS.—In 
calculating the 5-year period described in paragraph 
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(1), there shall not be included any period of release 
on parole prior to the most recent such release, nor 
any period served in confinement on any other sen-
tence. 
‘‘§ 3641. Aliens 
‘‘(a) ELIGIBILITY OF PAROLE FOR ALIENS.—Not-
withstanding any other provision of law, aliens shall be 
eligible for parole under this title. 
‘‘(b) ALIENS WITH FINAL ORDERS OF REMOVAL.— 
When an alien prisoner subject to a final order of removal 
becomes eligible for parole, the Commission may authorize 
the release of such prisoner and, when parole becomes ef-
fective, may deliver such prisoner to a duly authorized im-
migration official for removal. 
‘‘§ 3642. Summons to appear or warrant for retaking 
of parolee 
‘‘(a) IN GENERAL.—If a parolee is alleged to have 
violated the conditions of parole, the Commission may— 
‘‘(1) summon such parolee to appear at a hear-
ing conducted under section 3643; or 
‘‘(2) issue a warrant and retake the parolee as 
provided in this section. 
‘‘(b) ISSUANCE OF SUMMONS OR WARRANT.— 
‘‘(1) IN
GENERAL.—A summons or warrant 
issued under this section shall be issued by the Com-
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mission as soon as practicable after discovery of the 
alleged violation, except when delay is determined 
necessary. 
‘‘(2) IMPRISONMENT.—Imprisonment in an in-
stitution shall not constitute grounds for delay of 
such issuance, except that, in the case of any parolee 
charged with a criminal offense, issuance of a sum-
mons or warrant may be suspended pending disposi-
tion of the charge. 
‘‘(c) NOTICE.—A summons or warrant issued under 
this section shall provide the parolee with written notice 
of— 
‘‘(1) the conditions of parole imposed under 
section 3638 that the parolee is alleged to have vio-
lated; 
‘‘(2) the rights of the parolee under this sub-
chapter; and 
‘‘(3) the possible action which may be taken by 
the Commission. 
‘‘(d) EXECUTION OF WARRANTS.—An officer of a 
Federal penal or correctional institution, or a Federal offi-
cer authorized to serve criminal process within the United 
States, to whom a warrant issued under this section is 
delivered, shall execute such warrant by taking such pa-
rolee and returning the parolee to the custody of the re-
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gional commissioner, or to the custody of the Attorney 
General, if the Commission shall so direct. 
‘‘§ 3643. Revocation of parole 
‘‘(a) REVOCATION GENERALLY.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (b) and (c)— 
‘‘(A) an alleged parole violator summoned 
or retaken under section 3642 shall be afforded 
the opportunity to have a preliminary hearing 
at or reasonably near the place of the alleged 
parole violation or arrest, without unnecessary 
delay, to determine if there is probable cause to 
believe that the parolee has violated a condition 
of parole; 
‘‘(B) upon a finding of probable cause, and 
except as provided in subparagraph (C)— 
‘‘(i) a digest shall be prepared by the 
Commission setting forth in writing the 
factors considered and the reasons for the 
decision; and 
‘‘(ii) a copy of the digest shall be 
given to the parolee within a reasonable 
period of time; 
‘‘(C) the Commission may restore any pa-
rolee to parole supervision if— 
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‘‘(i) continuation of revocation pro-
ceedings is not warranted; 
‘‘(ii) incarceration of the parolee 
pending further revocation proceedings is 
not warranted by the alleged frequency or 
seriousness of such violation or violations; 
‘‘(iii) the parolee is not likely to fail to 
appear for further proceedings; and 
‘‘(iv) the parolee does not constitute a 
danger to himself, herself, or others; and 
‘‘(D) not later than 60 days after a finding 
of probable cause, a revocation hearing shall be 
held at or reasonably near the place of the al-
leged parole violation or arrest, except that a 
revocation hearing may be held at the same 
time and place set for the preliminary hearing. 
‘‘(2) HEARING
PROCEDURES.—For a hearing 
held under paragraph (1)— 
‘‘(A) notice shall be given to the parolee of 
the conditions of parole alleged to have been 
violated, and the time, place, and purposes of 
the scheduled hearing; 
‘‘(B) the parolee shall have an opportunity 
to be represented by an attorney (retained by 
the parolee, or if the parolee is financially un-
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able to retain counsel, counsel shall be provided 
under section 3006A) or, if the parolee so 
chooses, a representative as provided by rules 
and regulations, unless the parolee knowingly 
and intelligently waives such representation; 
‘‘(C) the parolee shall have an opportunity 
to appear and testify, and present witnesses 
and relevant evidence on his or her own behalf; 
and 
‘‘(D) the parolee shall have an opportunity 
to be apprised of the evidence against the pa-
rolee and, if the parolee so requests, to confront 
and cross-examine adverse witnesses, unless the 
Commission specifically finds substantial reason 
for not so allowing. 
‘‘(3) SUBPOENAS.—For purposes of paragraph 
(1), the Commission may subpoena witnesses and 
evidence, and pay witness fees as established for the 
courts of the United States. If a person refuses to 
obey such a subpoena, the Commission may petition 
a court of the United States for the judicial district 
in which such parole proceeding is being conducted, 
or in which such person may be found, to request 
such person to attend, testify, and produce evidence. 
The court may issue an order requiring such person 
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to appear before the Commission, when the court 
finds such information, thing, or testimony directly 
related to a matter with respect to which the Com-
mission is empowered to make a determination 
under this section. Failure to obey such an order is 
punishable by such court as a contempt. All process 
in such a case may be served in the judicial district 
in which such a parole proceeding is being con-
ducted, or in which such person may be found. 
‘‘(b) CONVICTION OF CRIMES WHILE ON PAROLE.— 
‘‘(1) IN GENERAL.—Conviction for a Federal, 
State, or local crime committed subsequent to re-
lease on parole shall constitute probable cause for 
purposes of subsection (a). 
‘‘(2) PAROLEES INCARCERATED.—If a parolee 
has been convicted of a Federal, State, or local 
crime and is serving a new sentence in an institu-
tion, a parole revocation warrant or summons issued 
under section 3642 may be placed against the pa-
rolee as a detainer. Not later than 180 days after 
the Commission receives notice of the placement of 
a detainer, the detainer shall be reviewed by the 
Commission. The parolee shall receive notice of the 
pending review, have an opportunity to submit a 
written application containing information relative to 
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the disposition of the detainer, and, unless waived, 
shall have counsel as provided in subsection 
(a)(2)(B) to assist in the preparation of such appli-
cation. 
‘‘(3) HEARING.—If the Commission determines 
that additional information is needed to review a de-
tainer under paragraph (2), a dispositional hearing 
may be held at the institution in which the parolee 
is confined. The parolee shall receive notice of such 
hearing, be allowed to appear and testify on his or 
her own behalf, and, unless waived, shall have coun-
sel as provided in subsection (a)(2)(B). 
‘‘(4) RESOLUTION.—Following the review relat-
ing to the disposition of a detainer, the Commission 
may— 
‘‘(A) let the detainer stand; or 
‘‘(B) withdraw the detainer. 
‘‘(c) CERTAIN ALLEGED PAROLE VIOLATORS.— 
‘‘(1) REVOCATION HEARING.— 
‘‘(A) IN GENERAL.—An alleged parole vio-
lator described in subparagraph (B) shall re-
ceive a revocation hearing within 90 days of the 
date of retaking. 
‘‘(B) COVERED ALLEGED PAROLE VIOLA-
TORS.—An alleged parole violator described in 
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this subparagraph is an alleged parole violator 
who— 
‘‘(i) is summoned or retaken by war-
rant under section 3642 and knowingly 
and intelligently waives the right to a hear-
ing under subsection (a); 
‘‘(ii) knowingly and intelligently ad-
mits violation at a preliminary hearing 
held under subsection (a)(1)(A); or 
‘‘(iii) is retaken under subsection (b). 
‘‘(C) CONDUCT OF HEARING.—The Com-
mission may conduct a hearing under subpara-
graph (A) at the institution to which the pa-
rolee has been returned, and the alleged parole 
violator shall receive notice of the hearing, be 
allowed to appear and testify on his or her own 
behalf, and, unless waived, shall have counsel or 
another representative as provided in subsection 
(a)(2)(B). 
‘‘(d) DISPOSITION.— 
‘‘(1) IN GENERAL.—If a parolee is summoned 
or retaken under section 3642, and the Commission 
finds, in accordance with this section (including 
paragraph (2) of this subsection) and by a prepon-
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derance of the evidence, that the parolee has violated 
a condition of parole, the Commission may— 
‘‘(A) restore the parolee to supervision; 
‘‘(B) reprimand the parolee; 
‘‘(C) modify the conditions of the parole of 
the parolee; 
‘‘(D) refer the parolee to a residential com-
munity treatment center for all or part of the 
remainder of the original sentence; or 
‘‘(E) formally revoke parole or release as if 
on parole under this title. 
‘‘(2) REQUIREMENTS.—The Commission may 
take an action under paragraph (1) if it has taken 
into consideration— 
‘‘(A) whether the parolee has been con-
victed of any Federal, State, or local crime sub-
sequent to release on parole, and the serious-
ness thereof; and 
‘‘(B) whether the action is warranted by 
the frequency or seriousness of the violation by 
the parolee of any other condition or conditions 
of parole. 
‘‘(e) NOTICE.—Not later than 21 days, excluding 
holidays, after a revocation hearing under this section, the 
Commission shall furnish the parolee with a written notice 
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of its determination. If parole is revoked, a digest shall 
be prepared by the Commission setting forth in writing 
the factors considered and reasons for such action, a copy 
of which shall be given to the parolee. 
‘‘§ 3644. Reconsideration and appeal 
‘‘(a) IN GENERAL.—If parole release is denied under 
section 3635, parole conditions are imposed or modified 
under section 3638, parole discharge is denied under sec-
tion 3640(c), or parole is modified or revoked under sec-
tion 3643, the individual to whom such decision applies 
may have the decision reconsidered by submitting a writ-
ten application to the regional Commissioner not later 
than 30 days after the date on which the decision is ren-
dered. 
‘‘(b) REVIEW BY REGIONAL COMMISSIONER.—Not 
later than 30 days after receipt of an application under 
subsection (a), a regional Commissioner shall— 
‘‘(1) acting in accordance with rules and regula-
tions, reaffirm, modify, or reverse the original deci-
sion; and 
‘‘(2) inform the applicant in writing of the deci-
sion and the reasons therefor. 
‘‘(c) APPEAL TO NATIONAL APPEALS BOARD.— 
‘‘(1) IN GENERAL.—Any decision made under 
subsection (b) which is adverse to the applicant for 
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reconsideration may be appealed by the individual to 
the National Appeals Board by submitting a written 
notice of appeal not later than 30 days following the 
date on which such decision is rendered. 
‘‘(2) REVIEW.—In accordance with rules and 
regulations, the National Appeals Board— 
‘‘(A) not later than 60 days after receipt 
of an appellant’s papers, shall reaffirm, modify, 
or reverse the decision; and 
‘‘(B) shall inform the appellant in writing 
of the decision and the reasons therefor. 
‘‘§ 3645. Young adult offenders 
‘‘(a) DEFINITION.—In this section, the term ‘young 
adult offender’ means an individual— 
‘‘(1) who has been convicted of a Federal of-
fense; and 
‘‘(2) on the date of the conviction, is not less 
than 22 years of age and is less than 26 years of 
age. 
‘‘(b) TREATMENT AS A JUVENILE.—A young adult 
offender may be deemed a juvenile for purposes of chapter 
403 if, after taking into consideration the previous record 
of the young adult offender as to delinquency or criminal 
experience, the social background, capabilities, mental and 
physical health of the young adult offender, and such 
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other factors as may be considered pertinent, the court 
finds that there are reasonable grounds to believe that the 
young adult offender will benefit from being treated as a 
juvenile under chapter 403. 
‘‘§ 3646. Applicability of Administrative Procedure 
Act 
‘‘(a) IN GENERAL.—The Commission shall be an 
agency for purposes of chapter 5 of title 5, except for sec-
tions 554, 555, 556, and 557. 
‘‘(b) RULEMAKING.—For purposes of subsection (a), 
section 553(b)(3)(A) of title 5 shall be applied as though 
‘, general statements of policy,’ were struck. 
‘‘(c) JUDICIAL REVIEW.—To the extent that actions 
of the Commission under section 3632(a)(1) are not in 
accord with section 553 of title 5, they shall be reviewable 
in accordance with chapter 7 of title 5. 
‘‘(d) EXCLUSION OF CERTAIN ACTIONS.—Actions of 
the Commission under paragraphs (1), (2), and (3) of sec-
tion 3632(b) shall be considered actions committed to 
agency discretion for purposes of section 701(a)(2) of title 
5.’’. 
(b) PERMANENT CONTINUATION OF PAROLE COM-
MISSION.—Notwithstanding section 235(b) of the Sen-
tencing Reform Act of 1984 (18 U.S.C. 3551 note), the 
United States Parole Commission shall not be terminated 
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under such section and appointments to the United States 
Parole Commission shall be made in accordance with sec-
tion 4202 of title 18, United States Code, as in effect on 
the day before the effective date of the Sentencing Reform 
Act of 1984 under section 235(a) of such Act (18 U.S.C. 
3551 note). 
(c) CREDIT TOWARD SERVICE OF SENTENCE FOR 
SATISFACTORY BEHAVIOR.—Section 3624(b) of title 18, 
United States Code, is amended by adding at the end the 
following: 
‘‘(5) A prisoner having served the term or 
terms of imprisonment of the prisoner, less credit to-
ward the service of the prisoner’s sentence under 
this subsection, shall, upon release, be deemed as if 
released on parole until the expiration of the max-
imum term or terms for which the prisoner was sen-
tenced less 180 days. This paragraph shall not pre-
vent delivery of a prisoner to the authorities of any 
State otherwise entitled to custody of the prisoner.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 3553 of title 18, United States 
Code, is amended— 
(A) in subsection (b), by inserting ‘‘max-
imum’’ before ‘‘sentence of the kind’’ each place 
it appears; and 
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(B) in subsection (c), in the matter pre-
ceding paragraph (1), by inserting ‘‘maximum’’ 
before ‘‘sentence—’’. 
(2) Section 3621(a) of title 18, United States 
Code, is amended by inserting ‘‘on parole’’ before 
‘‘for satisfactory behavior’’. 
(3) Section 3624 of title 18, United States 
Code, is amended— 
(A) in subsection (a), by striking ‘‘A pris-
oner’’ and inserting ‘‘Subject to release on pa-
role under subchapter D, a prisoner’’; 
(B) in subsection (b)(2), by inserting ‘‘, 
which shall not include a release on parole 
under subchapter D’’ after ‘‘released from cus-
tody’’; and 
(C) in subsection (d), by inserting ‘‘or on 
parole under subchapter D’’ after ‘‘Upon the 
release of a prisoner’’. 
(4) Section 4321 of title 18, United States 
Code, is amended by inserting ‘‘or parole’’ before the 
period at the end. 
(5) Chapter 403 of title 18, United States 
Code, is amended— 
(A) by inserting after section 5040 the fol-
lowing: 
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so sentenced be eligible for parole during 
the term of such a sentence’’; 
(B) in section 419(d) (21 U.S.C. 860(d)), 
by striking the second sentence; and 
(C) in section 420(e) (21 U.S.C. 861(e)), 
by striking the second sentence. 
(8) Section 1010(b) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 960(b)) 
is amended— 
(A) in paragraph (1), in the matter fol-
lowing subparagraph (H), by striking the last 
sentence; and 
(B) in paragraph (2), in the matter fol-
lowing subparagraph (H), by striking the last 
sentence. 
(e) APPLICABILITY.—The amendments made by this 
section shall apply with respect to any sentence imposed 
on or after January 1, 2019. 
SEC. 9007. TERMINATION OF DETENTION BED QUOTA. 
(a) IN GENERAL.—The matter under the heading 
‘‘SALARIES AND EXPENSES’’ under the heading ‘‘UNITED 
STATES IMMIGRATION
AND CUSTOMS ENFORCEMENT’’ 
under title II of the Department of Homeland Security 
Appropriations Act, 2016 (division F of Public Law 114– 
113; 129 Stat. 2497) is amended by striking ‘‘Provided 
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further, That funding made available under this heading 
shall maintain a level of not less than 34,000 detention 
beds through September 30, 2016:’’. 
(b) DETENTION CAPACITY.—Notwithstanding any 
other provision of law, the number of detention beds main-
tained by U.S. Immigration and Customs Enforcement 
shall be determined by the Secretary of Homeland Secu-
rity and shall be based solely on detention needs. 
(c) ALTERNATIVES TO DETENTION.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish nationwide alternatives to 
detention programs that incorporate case manage-
ment services in each field office of the Department 
of Homeland Security to ensure appearances at im-
migration proceedings and public safety. 
(2) CONTRACT
AUTHORITY.—The Secretary 
may contract with nongovernmental community- 
based organizations— 
(A) to conduct screening of detainees; 
(B) to operate community-based super-
vision programs; and 
(C) to implement secure alternatives that 
allow U.S. Immigration and Customs Enforce-
ment to maintain custody over the alien. 
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(3) ASSESSMENTS.—The Secretary shall regu-
larly assess the demand for alternative to detention 
programs and make available sufficient alternative 
to detention slots regardless of proximity to available 
detention beds. Alternative programs shall offer a 
continuum of supervision mechanisms and options, 
including community support, depending on an as-
sessment of each individual’s circumstances. Infor-
mation regarding the amount of slots available in 
each area shall be made public. 
(4) INDIVIDUALIZED DETERMINATIONS.—In de-
termining whether to use alternatives to detention 
programs, the Secretary shall make an individualized 
determination, and for each individual placed in an 
alternatives to detention program, shall review the 
level of supervision on a monthly basis. Alternatives 
to detention programs shall not be used when release 
on bond or recognizance is determined to be a suffi-
cient measure to ensure appearances at immigration 
proceedings and public safety. Detention shall not be 
used when alternatives to detention programs are 
determined to be a sufficient measure to ensure ap-
pearances at immigration proceedings and public 
safety. 
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(5) CUSTODY.—The Secretary may use alter-
natives to detention programs to maintain custody 
over any alien detained under the Immigration and 
Nationality Act, except for aliens detained under 
section 236A of such Act (8 U.S.C. 1226a). If an 
individual is not eligible for release from custody or 
detention, the Secretary shall consider the alien for 
placement in alternative programs that maintain 
custody over the alien. 
(6) VULNERABLE POPULATIONS.— 
(A) DEFINED TERM.—In this paragraph, 
the term ‘‘vulnerable population’’ includes, but 
is not limited to, asylum seekers, victims of tor-
ture or trafficking, families with minor children, 
pregnant women, nursing mothers, individuals 
who are gay, lesbian, bisexual, or transgender, 
individuals with a mental or physical disability, 
and individuals who are older than 65 years of 
age. 
(B) CONSIDERATIONS FOR PLACEMENT.— 
In determining whether to place a detainee in 
an alternatives to detention program, the Sec-
retary shall consider whether the detainee is a 
member of a vulnerable population. Notwith-
standing section 236 of the Immigration and 
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Nationality Act (8 U.S.C. 1226), a member of 
a vulnerable population whose needs cannot be 
adequately met by a detention facility may not 
be held in a detention facility unless the Sec-
retary determines such placement is in the in-
terest of national security. 
SEC. 9008. OVERSIGHT OF DETENTION FACILITIES. 
(a) DEFINITIONS.—In this section: 
(1) APPLICABLE STANDARDS.—The term ‘‘ap-
plicable standards’’ means the most recent version of 
detention standards and detention-related policies 
issued by the Secretary or the Director of U.S. Im-
migration and Customs Enforcement. 
(2) DETENTION FACILITY.—The term ‘‘deten-
tion facility’’ means a Federal, State, or local gov-
ernment facility, or a privately owned and operated 
facility, that is used, in whole or in part, to hold in-
dividuals under the authority of the Director of U.S. 
Immigration and Customs Enforcement, including 
facilities that hold such individuals under a contract 
or agreement with the Department of Homeland Se-
curity. 
(b) DETENTION REQUIREMENTS.—The Secretary of 
Homeland Security shall ensure that all persons detained 
pursuant to the Immigration and Nationality Act (8 
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U.S.C. 1101 et seq.) are treated humanely and benefit 
from the protections set forth in this section. 
(c) OVERSIGHT REQUIREMENTS.— 
(1) ANNUAL INSPECTION.—All detention facili-
ties housing aliens in the custody of the Department 
of Homeland Security shall be inspected, for compli-
ance with applicable detention standards issued by 
the Secretary and other applicable regulations, by— 
(A) the Secretary of Homeland Security at 
least annually; and 
(B) an independent, third-party auditor at 
least biannually. 
(2) ROUTINE OVERSIGHT.—In addition to the 
inspections required under paragraph (1), the Sec-
retary shall conduct routine oversight of the deten-
tion facilities described in paragraph (1), including 
unannounced inspections. 
(3) AVAILABILITY OF RECORDS.—All detention 
facility contracts, memoranda of agreement, audits, 
inspections, evaluations and reviews, include those 
conducted by the Office for Civil Rights and Civil 
Liberties and the Office of Inspector General of the 
Department of Homeland Security, shall be consid-
ered records for purposes of section 552(f)(2) of title 
5, United States Code. 
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(4) CONSULTATION.—The Secretary shall seek 
input from nongovernmental organizations regarding 
their independent opinion of specific facilities. 
(d) COMPLIANCE MECHANISMS.— 
(1) AGREEMENTS.— 
(A) NEW AGREEMENTS.—Compliance with 
applicable standards of the Secretary of Home-
land Security and all applicable regulations, and 
meaningful financial penalties for failure to 
comply, shall be a material term in any new 
contract, memorandum of agreement, or any re-
negotiation, modification, or renewal of an ex-
isting contract or agreement, including fee ne-
gotiations, executed with detention facilities. 
(B) EXISTING
AGREEMENTS.—Not later 
than 180 days after the date of the enactment 
of this Act, the Secretary shall secure a modi-
fication incorporating these terms for any exist-
ing contracts or agreements that will not be re-
negotiated, renewed, or otherwise modified. 
(C) CANCELLATION
OF
AGREEMENTS.— 
Unless the Secretary provides a reasonable ex-
tension to a specific detention facility that is 
negotiating in good faith, contracts or agree-
ments with detention facilities that are not 
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modified within 1 year of the date of the enact-
ment of this Act will be cancelled. 
(D) PROVISION
OF
INFORMATION.—In 
making modifications under this paragraph, the 
Secretary shall require that detention facilities 
provide to the Secretary all contracts, memo-
randa of agreement, evaluations, and reviews 
regarding the facility on a regular basis. The 
Secretary shall make these materials publicly 
available on a timely and regular basis. 
(2) FINANCIAL PENALTIES.— 
(A) REQUIREMENT
TO
IMPOSE.—Subject 
to subparagraph (C), the Secretary shall impose 
meaningful financial penalties upon facilities 
that fail to comply with applicable detention 
standards issued by the Secretary and other ap-
plicable regulations. 
(B) TIMING
OF
IMPOSITION.—Financial 
penalties imposed under subparagraph (A) shall 
be imposed immediately after a facility fails to 
achieve an adequate or the equivalent median 
score in any performance evaluation. 
(C) WAIVER.—The requirements of sub-
paragraph (A) may be waived if the facility cor-
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rects the noted deficiencies and receives an ade-
quate score in not more than 90 days. 
(D) MULTIPLE OFFENDERS.—If the Sec-
retary determines that a facility has been per-
sistently and substantially violating the deten-
tion standards issued by the Secretary, includ-
ing by scoring less than adequate or the equiva-
lent median score in 2 consecutive inspections— 
(i) the Secretary shall terminate con-
tracts or agreements with such facilities 
within 60 days; or 
(ii) in the case of facilities operated by 
the Secretary, the Secretary shall close 
such facilities within 90 days. 
(e) REPORTING REQUIREMENTS.— 
(1) OBJECTIVES.—Not later than June 30 of 
each year, the Secretary of Homeland Security shall 
submit a report to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary 
of the House of Representatives that describes the 
inspection and oversight activities at detention facili-
ties. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include— 
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(A) a description of each detention facility 
found to be in noncompliance with applicable 
detention standards issued by the Department 
of Homeland Security and other applicable reg-
ulations; 
(B) a description of the actions taken by 
the Department to remedy any findings of non-
compliance or other identified problems, includ-
ing financial penalties, contract or agreement 
termination, or facility closure; and 
(C) information regarding whether the ac-
tions described in subparagraph (B) resulted in 
compliance with applicable detention standards 
and regulations. 
SEC. 9009. PRERELEASE CUSTODY. 
Section 3624(c)(1) of title 18, United States Code, 
is amended by adding at the end the following: ‘‘Subject 
to the availability of appropriations and of bed space avail-
ability, the Director shall place a prisoner in a residential 
reentry center that is within 50 miles of the prisoner’s 
previous or anticipated permanent legal address.’’. 
SEC. 9010. PURPOSES. 
The purposes of this Act are to— 
(1) develop and implement national standards 
for the use of solitary confinement to ensure that it 
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is used infrequently and only under extreme cir-
cumstances; 
(2) establish a more humane and constitu-
tionally sound practice of segregated detention or 
solitary confinement in correctional facilities; 
(3) accelerate the development of best practices 
and make reforming solitary confinement a top pri-
ority in each correctional facility at the Federal and 
State levels; 
(4) increase the available data and information 
on the incidence of solitary confinement, con-
sequently improving the management and adminis-
tration of correctional facilities; 
(5) standardize the definitions used for col-
lecting data on the incidence of solitary confinement; 
(6) increase the accountability of correctional 
facility officials who fail to design and implement 
humane and constitutionally sound solitary confine-
ment practices; 
(7) protect the Eighth Amendment rights of in-
mates at correctional facilities; and 
(8) reduce the costs that solitary confinement 
imposes on interstate commerce. 
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1224 
(E) 1 shall be appointed by the minority 
leader of the Senate (in addition to any ap-
pointment made under subparagraph (D)). 
(2) PERSONS ELIGIBLE.—Each member of the 
Commission shall be an individual who has knowl-
edge or expertise in matters to be studied by the 
Commission. 
(3) CONSULTATION REQUIRED.—The President, 
the Speaker and minority leader of the House of 
Representatives, and the majority leader and minor-
ity leader of the Senate shall consult with one an-
other prior to the appointment of the members of 
the Commission to achieve, to the maximum extent 
possible, fair and equitable representation of various 
points of view with respect to the matters to be 
studied by the Commission. 
(4) TERM.—Each member shall be appointed 
for the life of the Commission. 
(5) TIME
FOR
INITIAL
APPOINTMENTS.—The 
appointment of the members shall be made not later 
than 180 days after the date of enactment of this 
Act. 
(6) VACANCIES.—A vacancy in the Commission 
shall be filled in the manner in which the original 
appointment was made, and shall be made not later 
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than 60 days after the date on which the vacancy 
occurred. 
(c) OPERATION.— 
(1) CHAIRPERSON.—Not later than 15 days 
after appointments of all the members are made, the 
President shall appoint a chairperson for the Com-
mission from among its members. 
(2) MEETINGS.—The Commission shall meet at 
the call of the chairperson. The initial meeting of the 
Commission shall take place not later than 30 days 
after the initial appointment of the members is com-
pleted. 
(3) QUORUM.—A majority of the members of 
the Commission shall constitute a quorum to con-
duct business, but the Commission may establish a 
lesser quorum for conducting hearings scheduled by 
the Commission. 
(4) RULES.—The Commission may establish by 
majority vote any other rules for the conduct of 
Commission business, if such rules are not incon-
sistent with this Act or other applicable law. 
(d) COMPREHENSIVE STUDY OF THE IMPACTS OF 
SOLITARY CONFINEMENT.— 
(1) IN GENERAL.—The Commission shall carry 
out a comprehensive legal and factual study of the 
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penological, physical, mental, medical, social, fiscal, 
and economic impacts of solitary confinement in the 
United States on— 
(A) Federal, State, and local governments; 
and 
(B) communities and social institutions 
generally, including individuals, families, and 
businesses within such communities and social 
institutions. 
(2) MATTERS
INCLUDED.—The study under 
paragraph (1) shall include— 
(A) a review of existing Federal, State, 
and local government policies and practices with 
respect to the extent and duration of the use of 
solitary confinement; 
(B) an assessment of the relationship be-
tween solitary confinement and correctional fa-
cility conditions, and existing monitoring, regu-
latory, and enforcement practices; 
(C) an assessment of the characteristics of 
prisoners and juvenile detainees most likely to 
be referred to solitary confinement and the ef-
fectiveness of various types of treatment or pro-
grams to reduce such likelihood; 
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(D) an assessment of the impacts of soli-
tary confinement on individuals, families, social 
institutions, and the economy generally; 
(E) an identification of additional scientific 
and social science research needed on the preva-
lence of solitary confinement in correctional fa-
cilities as well as a full assessment of existing 
literature; 
(F) an assessment of the general relation-
ship between solitary confinement and mental 
illness; 
(G) an assessment of the relationship be-
tween solitary confinement and levels of train-
ing, supervision, and discipline of the staff of 
correctional facilities; and 
(H) an assessment of existing Federal and 
State systems for collecting and reporting the 
number and duration of solitary confinement 
incidents in correctional facilities nationwide. 
(3) REPORT.— 
(A) DISTRIBUTION.—Not later than two 
years after the date of the initial meeting of the 
Commission, the Commission shall submit a re-
port on the study carried out under this sub-
section to— 
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(i) the President; 
(ii) the Congress; 
(iii) the Attorney General of the 
United States; 
(iv) the Secretary of Health and 
Human Services; 
(v) the Director of the Federal Bu-
reau of Prisons; 
(vi) the Administrator of the Office of 
Juvenile Justice and Delinquency Preven-
tion; 
(vii) the chief executive of each State; 
and 
(viii) the head of the department of 
corrections of each State. 
(B) CONTENTS.—The report under sub-
paragraph (A) shall include— 
(i) the findings and conclusions of the 
Commission; 
(ii) the recommended national stand-
ards for reducing the use of solitary con-
finement described in subsection (e); and 
(iii) a summary of the materials relied 
on by the Commission in the preparation 
of the report. 
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(e) RECOMMENDATIONS.— 
(1) IN GENERAL.—As part of the report sub-
mitted under subsection (d)(3), the Commission 
shall provide the Attorney General and the Secretary 
of Health and Human Services with recommended 
national standards for significantly reducing the use 
of solitary confinement in correctional facilities. 
(2) MATTERS
INCLUDED.—The information 
provided under paragraph (1) shall include rec-
ommended national standards relating to— 
(A) how authorities can progress toward 
significantly limiting the utilization of solitary 
confinement so that a prisoner or juvenile de-
tainee may be placed in solitary confinement 
only when the safety or security of the facility 
or another person is at imminent risk, during 
an ongoing disciplinary investigation concerning 
an adult prisoner, or to punish an adult pris-
oner for an extremely serious disciplinary in-
fraction; 
(B) methods that can be employed to en-
sure that the duration of solitary confinement 
of a prisoner or juvenile detainee at an institu-
tion can be limited to fewer than 30 days in 
any 45-day period, except in a case in which the 
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head of a correctional facility makes an individ-
ualized determination that prolonged solitary 
confinement of the prisoner or detainee for a 
serious disciplinary infraction is necessary for 
the order or security of the institution, or a 
prisoner or detainee requests such placement; 
(C) ensuring that prior to being classified, 
assigned, or subject to long-term solitary con-
finement, an adult prisoner shall be entitled to 
a meaningful hearing on the reason for and du-
ration of the confinement and have access to 
legal counsel for such hearings; 
(D) ensuring that indefinite sentencing of 
an adult prisoner to long-term solitary confine-
ment will not be allowed and that the prisoner 
will be afforded a meaningful review of the con-
finement at least once every 30 days that the 
prisoner remains in solitary confinement and 
that correctional facility officials must record 
and provide a transcript of the review pro-
ceedings for the prisoner under review to the 
prisoner or the prisoner’s designee; 
(E) ensuring that correctional facility offi-
cials design and implement programming that 
allows adult prisoners subject to long-term soli-
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tary confinement to earn placement in less re-
strictive housing through positive behavior; 
(F) limiting the use of involuntary solitary 
confinement for the purpose of protective cus-
tody solely because of a personal characteristic 
that makes the prisoner or juvenile detainee 
particularly vulnerable to harm, including age, 
gender identity, race, or religion; 
(G) ensuring that correctional facility offi-
cials improve access to mental health treatment 
for prisoners and juvenile detainees in solitary 
confinement; 
(H) ensuring that correctional facility offi-
cials work toward systems wherein prisoners 
and juvenile detainees diagnosed by a qualified 
mental health professional with a serious men-
tal illness are not held in long-term solitary 
confinement; 
(I) ensuring that correctional facility offi-
cials do all that is feasible to make certain that 
prisoners and juvenile detainees are not held in 
solitary confinement for any duration, except 
under extreme emergency circumstances; 
(J) ensuring that correctional facility offi-
cials develop alternative methods to manage 
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issues with prisoners and juvenile detainees 
other than solitary confinement; and 
(K) such other matters as may reasonably 
be related to the goal of reducing solitary con-
finement in correctional facilities. 
(3) LIMITATION.—The Commission shall not 
propose a recommended standard that would impose 
substantial additional costs compared to the costs 
presently expended by correctional facilities, and 
shall seek to propose standards that reduce the costs 
of incarceration at such facilities. 
(f) CONSULTATION WITH ACCREDITATION ORGANI-
ZATIONS.—In developing recommended national standards 
for the reduction of solitary confinement under subsection 
(e), the Commission shall consider any standards that 
have already been developed, or are being developed simul-
taneously to the deliberations of the Commission. The 
Commission shall consult with accreditation organizations 
responsible for the accreditation of correctional facilities 
that have developed or are developing standards related 
to solitary confinement. The Commission shall also consult 
with national associations representing the corrections 
profession, the legal profession, the medical profession, or 
any other pertinent professional body that has developed 
or is developing standards related to solitary confinement. 
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(g) HEARINGS.— 
(1) IN GENERAL.—The Commission shall hold 
public hearings. The Commission may hold such 
hearings, sit and act at such times and places, take 
such testimony, and receive such evidence as the 
Commission considers advisable to carry out its du-
ties under this section. 
(2) WITNESS EXPENSES.—Witnesses requested 
to appear before the Commission shall be paid the 
same fees as are paid to witnesses under section 
1821 of title 28, United States Code. The per diem 
and mileage allowances for witnesses shall be paid 
from funds appropriated to the Commission. 
(h) INFORMATION FROM FEDERAL OR STATE AGEN-
CIES.—The Commission may secure directly from any 
Federal department or agency such information as the 
Commission considers necessary to carry out its duties 
under this section. The Commission may request the head 
of any State or local department or agency to furnish such 
information to the Commission. 
(i) PERSONNEL MATTERS.— 
(1) TRAVEL EXPENSES.—The members of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of 
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chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business 
in the performance of service for the Commission. 
(2) DETAIL OF FEDERAL EMPLOYEES.—With 
the affirmative vote of 2⁄3 of the Commission, any 
Federal Government employee, with the approval of 
the head of the appropriate Federal agency, may be 
detailed to the Commission without reimbursement, 
and such detail shall be without interruption or loss 
of civil service status, benefits, or privileges. 
(3) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—Upon the request of the Com-
mission, the Attorney General shall provide reason-
able and appropriate office space, supplies, and ad-
ministrative assistance. 
(j) CONTRACTS FOR RESEARCH.— 
(1) NATIONAL INSTITUTE OF JUSTICE.—With a 
2⁄3 affirmative vote, the Commission may select non-
governmental researchers and experts to assist the 
Commission in carrying out its duties under this 
Act. The National Institute of Justice shall contract 
with the researchers and experts selected by the 
Commission to provide funding in exchange for their 
services. 
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(2) OTHER ORGANIZATIONS.—Nothing in this 
subsection shall be construed to limit the ability of 
the Commission to enter into contracts with other 
entities or organizations for research necessary to 
carry out the duties of the Commission under this 
section. 
(k) TERMINATION.—The Commission shall terminate 
on the date that is 60 days after the date on which the 
Commission submits the reports required by this section. 
(l) EXEMPTION.—The Commission shall be exempt 
from the Federal Advisory Committee Act. 
SEC. 9012. ADOPTION AND EFFECT OF NATIONAL STAND-
ARDS. 
(a) PUBLICATION OF STANDARDS.— 
(1) FINAL
RULE.—Not later than two years 
after receiving the report specified in section 
(3)(d)(3), the Attorney General shall publish a final 
rule adopting national standards for the reduction of 
solitary confinement in correctional facilities. 
(2) INDEPENDENT JUDGMENT.—The standards 
referred to in paragraph (1) shall be based upon the 
independent judgment of the Attorney General, after 
giving consideration to the recommended national 
standards provided by the Commission under section 
3(e), and being informed by such data, opinions, and 
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proposals that the Attorney General determines to 
be appropriate to consider. 
(3) LIMITATION.—The Attorney General shall 
not establish a national standard under this section 
that would impose substantial additional costs com-
pared to the costs presently expended by Federal 
and State correctional systems. The Attorney Gen-
eral may, however, provide a list of improvements 
for consideration by correctional facilities. 
(4) TRANSMISSION TO STATES.—Not later than 
90 days after publishing the final rule under para-
graph (1), the Attorney General shall transmit the 
national standards adopted under that paragraph to 
the chief executive of each State, the head of the de-
partment of corrections of each State, the head of 
the department of juvenile justice of each State, and 
to the appropriate authorities in those units of local 
government who oversee operations in one or more 
correctional facilities. 
(b) APPLICABILITY TO FEDERAL BUREAU OF PRIS-
ONS.—The national standards referred to in subsection 
(a) shall apply to the Federal Bureau of Prisons imme-
diately upon adoption of the final rule under subsection 
(a)(1). 
(c) ELIGIBILITY FOR FEDERAL FUNDS.— 
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(1) IN GENERAL.—Beginning in the second fis-
cal year that begins after the date on which the At-
torney General issues a the final rule under sub-
section (a)(1), in order to be eligible to receive a 
grant under a program identified by the Attorney 
General under paragraph (2), the chief executive of 
a State or unit of local government seeking such a 
grant shall submit to the Attorney general a certifi-
cation that the State or local government has adopt-
ed, and is in full compliance with the national stand-
ards described in subsection (a)(1). 
(2) COVERED GRANT PROGRAMS.—The Attor-
ney General shall identify grant programs carried 
out by the Department of Justice which provide 
funding to States and units of local government for 
the construction, maintenance, or operation of cor-
rectional facilities, and make a list of such programs 
publicly available. 
SEC. 9013. DEFINITIONS. 
For purposes of this Act, the following definitions 
shall apply: 
(1) ATTORNEY GENERAL.—The term ‘‘Attorney 
General’’ means the Attorney General of the United 
States. 
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(2) COMMISSION.—The term ‘‘Commission’’ 
means the National Solitary Confinement Study and 
Reform Commission established under section 3 of 
this Act. 
(3) LONG-TERM.—The term ‘‘long-term’’ means 
any period lasting more than 30 days, consecutive or 
nonconsecutive, in any 45-day period. 
(4) QUALIFIED
MENTAL
HEALTH
PROFES-
SIONAL.—The term ‘‘qualified mental health profes-
sional’’ means a psychiatrist, psychologist, psy-
chiatric social worker, licensed professional coun-
selor, psychiatric nurse, or another individual who, 
by virtue of education, credentials, and experience, is 
permitted by law to evaluate and provide mental 
health care. 
(5) SERIOUS MENTAL ILLNESS.—The term ‘‘se-
rious mental illness’’ means a substantial disorder 
that— 
(A) significantly impairs judgment, behav-
ior, or capacity to recognize reality or cope with 
the ordinary demands of life; and 
(B) is manifested by substantial pain or 
disability, the status of being actively suicidal, 
a severe cognitive disorder that results in sig-
nificant functional impairment, or a severe per-
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sonality disorder that results in significant 
functional impairment. 
(6) SOLITARY CONFINEMENT.—The term ‘‘soli-
tary confinement’’ means confinement of a prisoner 
or juvenile detainee in a cell or other place, alone or 
with other persons, for approximately 22 hours or 
more per day with severely restricted activity, move-
ment, and social interaction, which is separate from 
the general population of that correctional facility. 
(7) CORRECTIONAL FACILITY.—The term ‘‘cor-
rectional facility’’ means a Federal, State, local, or 
privately run prison, jail, or juvenile detention facil-
ity. 
TITLE X—COLLATERAL 
CONSEQUENCES 
SEC. 10001. REPEAL OF SUSPENSION OF ELIGIBILITY 
UNDER THE HIGHER EDUCATION ACT OF 1965 
FOR GRANTS, LOANS, AND WORK ASSISTANCE 
FOR DRUG-RELATED OFFENSES. 
(a) REPEAL.—Subsection (r) of section 484 (20 
U.S.C. 1091(r)) is repealed. 
(b) REVISION OF FAFSA FORM.—Section 483 of the 
Higher Education Act of 1965 (20 U.S.C. 1090) is 
amended by adding at the end the following: 
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‘‘(i) 
CONVICTIONS.—The 
Secretary 
shall not include any question about the 
conviction of an applicant for the posses-
sion or sale of illegal drugs on the FAFSA 
(or any other form developed under sub-
section (a)).’’. 
(c) CONFORMING
AMENDMENTS.—The Act (20 
U.S.C. 1001 et seq.) is amended— 
(1) 
in 
section 
428(b)(3) 
(20 
U.S.C. 
1078(b)(3))— 
(A) in subparagraph (C), by striking 
‘‘485(l)’’ and inserting ‘‘485(k)’’; and 
(B) in subparagraph (D), by striking 
‘‘485(l)’’ and inserting ‘‘485(k)’’; 
(2) 
in 
section 
435(d)(5) 
(20 
U.S.C. 
1085(d)(5))— 
(A) in subparagraph (E), by striking 
‘‘485(l)’’ and inserting ‘‘485(k)’’; and 
(B) in subparagraph (F), by striking 
‘‘485(l)’’ and inserting ‘‘485(k)’’; 
(3) in section 484 (20 U.S.C. 1091), as amend-
ed by section 6, by redesignating subsections (s), (t), 
and (u) as subsections (r), (s), and (t), respectively; 
(4) in section 485 (20 U.S.C. 1092)— 
(A) by striking subsection (k); and 
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(B) by redesignating subsections (l) and 
(m) as subsections (k) and (l), respectively; and 
(5) in section 487(e)(2)(B)(ii)(IV) (20 U.S.C. 
1094(e)(2)(B)(ii)(IV)), by striking ‘‘(l) of section 
485’’ and inserting ‘‘(k) of section 485’’. 
SEC. 10002. REPEAL OF DENIAL OF ASSISTANCE AND BENE-
FITS FOR CERTAIN DRUG-RELATED CONVIC-
TIONS. 
The Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 is amended by striking section 
115 (21 U.S.C. 862). 
SEC. 10003. PROHIBITION ON CRIMINAL HISTORY INQUIR-
IES PRIOR TO CONDITIONAL OFFER FOR FED-
ERAL EMPLOYMENT. 
(a) IN GENERAL.—Subpart H of part III of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘CHAPTER 92—PROHIBITION ON CRIMI-
NAL HISTORY INQUIRIES PRIOR TO 
CONDITIONAL OFFER 
‘‘Sec. 
‘‘9201. Definitions. 
‘‘9202. Limitations on requests for criminal history record information. 
‘‘9203. Agency policies; complaint procedures. 
‘‘9204. Adverse action. 
‘‘9205. Procedures. 
‘‘9206. Rules of construction. 
‘‘§ 9201. Definitions 
‘‘In this chapter— 
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‘‘(1) the term ‘agency’ means ‘Executive agen-
cy’ as such term is defined in section 105 and in-
cludes— 
‘‘(A) the United States Postal Service and 
the Postal Regulatory Commission; and 
‘‘(B) the Executive Office of the President; 
‘‘(2) the term ‘appointing authority’ means an 
employee in the executive branch of the Government 
of the United States that has authority to make ap-
pointments to positions in the civil service; 
‘‘(3) the term ‘conditional offer’ means an offer 
of employment in a position in the civil service that 
is conditioned upon the results of a criminal history 
inquiry; 
‘‘(4) the term ‘criminal history record informa-
tion’— 
‘‘(A) except as provided in subparagraph 
(B), has the meaning given the term in section 
9101(a); 
‘‘(B) includes any information described in 
the first sentence of section 9101(a)(2) that has 
been sealed or expunged pursuant to law; and 
‘‘(C) includes information collected by a 
criminal justice agency, relating to an act or al-
leged act of juvenile delinquency, that is analo-
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gous to criminal history record information (in-
cluding such information that has been sealed 
or expunged pursuant to law); and 
‘‘(5) the term ‘suspension’ has the meaning 
given the term in section 7501. 
‘‘§ 9202. Limitations on requests for criminal history 
record information 
‘‘(a) INQUIRIES PRIOR TO CONDITIONAL OFFER.— 
Except as provided in subsections (b) and (c), an employee 
of an agency may not request, in oral or written form (in-
cluding through the Declaration for Federal Employment 
(Office of Personnel Management Optional Form 306), or 
any similar successor form), including through the 
USAJOBS internet website or any other electronic means, 
that an applicant for an appointment to a position in the 
civil service disclose criminal history record information 
regarding the applicant before the appointing authority 
extends a conditional offer to the applicant. 
‘‘(b) OTHERWISE REQUIRED BY LAW.—The prohibi-
tion under subsection (a) shall not apply with respect to 
an applicant for a position in the civil service if consider-
ation of criminal history record information prior to a con-
ditional offer with respect to the position is otherwise re-
quired by law. 
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‘‘(c) EXCEPTION
FOR CERTAIN POSITIONS.—The 
prohibition under subsection (a) shall not apply with re-
spect to an applicant for an appointment to a position— 
‘‘(1) that requires a determination of eligibility 
described in clause (i), (ii), or (iii) of section 
9101(b)(1)(A); or 
‘‘(2) as a Federal law enforcement officer (as 
defined in section 115(c) of title 18). 
‘‘§ 9203. Agency policies; complaint procedures 
‘‘The Director of the Office of Personnel Manage-
ment shall— 
‘‘(1) develop, implement, and publish a policy to 
assist employees of agencies in complying with sec-
tion 9202 and the regulations issued pursuant to 
such section; and 
‘‘(2) establish and publish procedures under 
which an applicant for an appointment to a position 
in the civil service may submit a complaint, or any 
other information, relating to compliance by an em-
ployee of an agency with section 9202. 
‘‘§ 9204. Adverse action 
‘‘(a) FIRST VIOLATION.—If the Director of the Office 
of Personnel Management determines, after notice and an 
opportunity for a hearing on the record, that an employee 
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of an agency has violated section 9202, the Director 
shall— 
‘‘(1) issue to the employee a written warning 
that includes a description of the violation and the 
additional penalties that may apply for subsequent 
violations; and 
‘‘(2) file such warning in the employee’s official 
personnel record file. 
‘‘(b) SUBSEQUENT VIOLATIONS.—If the Director of 
the Office of Personnel Management determines, after no-
tice and an opportunity for a hearing on the record, that 
an employee that was subject to subsection (a) has com-
mitted a subsequent violation of section 9202, the Director 
may take the following action: 
‘‘(1) For a second violation, suspension of the 
employee for a period of not more than 7 days. 
‘‘(2) For a third violation, suspension of the 
employee for a period of more than 7 days. 
‘‘(3) For a fourth violation— 
‘‘(A) suspension of the employee for a pe-
riod of more than 7 days; and 
‘‘(B) a civil penalty against the employee 
in an amount that is not more than $250. 
‘‘(4) For a fifth violation— 
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‘‘(A) suspension of the employee for a pe-
riod of more than 7 days; and 
‘‘(B) a civil penalty against the employee 
in an amount that is not more than $500. 
‘‘(5) For any subsequent violation— 
‘‘(A) suspension of the employee for a pe-
riod of more than 7 days; and 
‘‘(B) a civil penalty against the employee 
in an amount that is not more than $1,000. 
‘‘§ 9205. Procedures 
‘‘(a) APPEALS.—The Director of the Office of Per-
sonnel Management shall by rule establish procedures pro-
viding for an appeal from any adverse action taken under 
section 9204 by not later than 30 days after the date of 
the action. 
‘‘(b) APPLICABILITY OF OTHER LAWS.—An adverse 
action taken under section 9204 (including a determina-
tion in an appeal from such an action under subsection 
(a) of this section) shall not be subject to— 
‘‘(1) the procedures under chapter 75; or 
‘‘(2) except as provided in subsection (a) of this 
section, appeal or judicial review. 
‘‘§ 9206. Rules of construction 
‘‘Nothing in this chapter may be construed to— 
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‘‘(1) authorize any officer or employee of an 
agency to request the disclosure of information de-
scribed under subparagraphs (B) and (C) of section 
9201(4); or 
‘‘(2) create a private right of action for any 
person.’’. 
(b) REGULATIONS; EFFECTIVE DATE.— 
(1) REGULATIONS.—Not later than 1 year after 
the date of enactment of this Act, the Director of 
the Office of Personnel Management shall issue such 
regulations as are necessary to carry out chapter 92 
of title 5, United States Code (as added by this 
Act). 
(2) EFFECTIVE DATE.—Section 9202 of title 5, 
United States Code (as added by this Act), shall 
take effect on the date that is 2 years after the date 
of enactment of this Act. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of chapters for part III of title 5, United States 
Code, is amended by inserting after the item relating to 
chapter 91 the following: 
‘‘92. Prohibition on criminal history inquiries prior to 
conditional offer .................................................... 9201’’. 
(d) APPLICATION TO LEGISLATIVE BRANCH.— 
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(1) IN GENERAL.—The Congressional Account-
ability Act of 1995 (2 U.S.C. 1301 et seq.) is 
amended— 
(A) in section 102(a) (2 U.S.C. 1302(a)), 
by adding at the end the following: 
‘‘(12) Section 9202 of title 5, United States 
Code.’’; 
(B) by redesignating section 207 (2 U.S.C. 
1317) as section 208; and 
(C) by inserting after section 206 (2 
U.S.C. 1316) the following new section: 
‘‘SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMI-
NAL HISTORY INQUIRIES. 
‘‘(a) DEFINITIONS.—In this section, the terms ‘agen-
cy’, ‘criminal history record information’, and ‘suspension’ 
have the meanings given the terms in section 9201 of title 
5, United States Code, except as otherwise modified by 
this section. 
‘‘(b) RESTRICTIONS ON CRIMINAL HISTORY INQUIR-
IES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an employee of an employing 
office may not request that an applicant for em-
ployment as a covered employee disclose crimi-
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nal history record information if the request 
would be prohibited under section 9202 of title 
5, United States Code, if made by an employee 
of an agency. 
‘‘(B) CONDITIONAL OFFER.—For purposes 
of applying section 9202 of title 5, United 
States Code, under subparagraph (A), a ref-
erence in such section to a conditional offer in 
such section shall be considered to be an offer 
of employment to a covered employee that is 
conditioned upon the results of a criminal his-
tory inquiry. 
‘‘(2) RULES
OF
CONSTRUCTION.—The provi-
sions of section 9206 of title 5, United States Code, 
shall apply to employing offices, consistent with reg-
ulations issued under subsection (d). 
‘‘(c) REMEDY.— 
‘‘(1) IN GENERAL.—The remedy for a violation 
of subsection (b)(1) shall be such remedy as would 
be appropriate if awarded under section 9204 of title 
5, United States Code, if the violation had been 
committed by an employee of an agency, consistent 
with regulations issued under subsection (d), except 
that the reference in that section to a suspension 
shall be considered to be a suspension with the level 
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of compensation provided for a covered employee 
who is taking unpaid leave under section 202. 
‘‘(2) PROCESS
FOR
OBTAINING
RELIEF.—An 
applicant for employment as a covered employee who 
alleges a violation of subsection (b)(1) may rely on 
the provisions of title IV (other than sections 
404(2), 407, and 408), consistent with regulations 
issued under subsection (d). 
‘‘(d) REGULATIONS TO IMPLEMENT SECTION.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of the Fair Chance to 
Compete for Jobs Act of 2017, the Board shall, pur-
suant to section 304, issue regulations to implement 
this section. 
‘‘(2) PARALLEL WITH AGENCY REGULATIONS.— 
The regulations issued under paragraph (1) shall be 
the same as substantive regulations issued by the 
Director of the Office of Personnel Management 
under section 2(b)(1) of the Fair Chance to Com-
pete for Jobs Act of 2017 to implement the statu-
tory provisions referred to in subsections (a) through 
(c) except to the extent that the Board may deter-
mine, for good cause shown and stated together with 
the regulation, that a modification of such regula-
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tions would be more effective for the implementation 
of the rights and protections under this section. 
‘‘(e) EFFECTIVE DATE.—Section 102(a)(12) and 
subsections (a) through (c) shall take effect on the date 
on which section 9202 of title 5, United States Code, ap-
plies with respect to agencies.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended— 
(A) by redesignating the item relating to 
section 207 as the item relating to section 208; 
and 
(B) by inserting after the item relating to 
section 206 the following new item: 
‘‘Sec. 207. Rights and protections relating to criminal history inquiries.’’. 
(e) APPLICATION TO JUDICIAL BRANCH.— 
(1) IN
GENERAL.—Section 604 of title 28, 
United States Code, is amended by adding at the 
end the following: 
‘‘(i) RESTRICTIONS ON CRIMINAL HISTORY INQUIR-
IES.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the terms ‘agency’ and ‘criminal his-
tory record information’ have the meanings 
given those terms in section 9201 of title 5; 
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‘‘(B) the term ‘covered employee’ means an 
employee of the judicial branch of the United 
States Government, other than— 
‘‘(i) any judge or justice who is enti-
tled to hold office during good behavior; 
‘‘(ii) a United States magistrate 
judge; or 
‘‘(iii) a bankruptcy judge; and 
‘‘(C) the term ‘employing office’ means any 
office or entity of the judicial branch of the 
United States Government that employs covered 
employees. 
‘‘(2) RESTRICTION.—A covered employee may 
not request that an applicant for employment as a 
covered employee disclose criminal history record in-
formation if the request would be prohibited under 
section 9202 of title 5 if made by an employee of an 
agency. 
‘‘(3) EMPLOYING OFFICE POLICIES; COMPLAINT 
PROCEDURE.—The provisions of sections 9203 and 
9206 of title 5 shall apply to employing offices and 
to applicants for employment as covered employees, 
consistent with regulations issued by the Director to 
implement this subsection. 
‘‘(4) ADVERSE ACTION.— 
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‘‘(A) ADVERSE
ACTION.—The Director 
may take such adverse action with respect to a 
covered employee who violates paragraph (2) as 
would be appropriate under section 9204 of 
title 5 if the violation had been committed by 
an employee of an agency. 
‘‘(B) APPEALS.—The Director shall by 
rule establish procedures providing for an ap-
peal from any adverse action taken under sub-
paragraph (A) by not later than 30 days after 
the date of the action. 
‘‘(C) APPLICABILITY OF OTHER LAWS.— 
Except as provided in subparagraph (B), an ad-
verse action taken under subparagraph (A) (in-
cluding a determination in an appeal from such 
an action under subparagraph (B)) shall not be 
subject to appeal or judicial review. 
‘‘(5) REGULATIONS TO BE ISSUED.— 
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of the Fair 
Chance to Compete for Jobs Act of 2017, the 
Director shall issue regulations to implement 
this subsection. 
‘‘(B) PARALLEL
WITH
AGENCY
REGULA-
TIONS.—The regulations issued under subpara-
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graph (A) shall be the same as substantive reg-
ulations promulgated by the Director of the Of-
fice of Personnel Management under section 
2(b)(1) of the Fair Chance to Compete for Jobs 
Act of 2017 except to the extent that the Direc-
tor of the Administrative Office of the United 
States Courts may determine, for good cause 
shown and stated together with the regulation, 
that a modification of such regulations would be 
more effective for the implementation of the 
rights and protections under this subsection. 
‘‘(6) 
EFFECTIVE
DATE.—Paragraphs 
(1) 
through (4) shall take effect on the date on which 
section 9202 of title 5 applies with respect to agen-
cies.’’. 
SEC. 10004. PROHIBITION ON CRIMINAL HISTORY INQUIR-
IES BY CONTRACTORS PRIOR TO CONDI-
TIONAL OFFER. 
(a) CIVILIAN AGENCY CONTRACTS.— 
(1) IN GENERAL.—Division C of subtitle I of 
title 41, United States Code, is amended by adding 
at the end the following new section: 
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‘‘§ 4713. Prohibition on criminal history inquiries by 
contractors prior to conditional offer 
‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR-
IES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an executive agency— 
‘‘(A) may not require that an individual or 
sole proprietor who submits a bid for a contract 
to disclose criminal history record information 
regarding that individual or sole proprietor be-
fore determining the apparent awardee; and 
‘‘(B) shall require as a condition of receiv-
ing a Federal contract and receiving payments 
under such contract that the contractor may 
not verbally, or through written form, request 
the disclosure of criminal history record infor-
mation regarding an applicant for a position re-
lated to work under such contract before the 
contractor extends a conditional offer to the ap-
plicant. 
‘‘(2) OTHERWISE
REQUIRED
BY
LAW.—The 
prohibition under paragraph (1) does not apply with 
respect to a contract if consideration of criminal his-
tory record information prior to a conditional offer 
with respect to the position is otherwise required by 
law. 
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‘‘(3) EXCEPTION
FOR
CERTAIN
POSITIONS.— 
The prohibition under paragraph (1) does not apply 
with respect to a contract that requires an individual 
hired under the contract to access classified informa-
tion or to have sensitive law enforcement or national 
security duties. 
‘‘(b) COMPLAINT PROCEDURES.—The Administrator 
of General Services shall establish and publish procedures 
under which an applicant for a position with a Federal 
contractor may submit to the Administrator a complaint, 
or any other information, relating to compliance by the 
contractor with subsection (a)(1)(B). 
‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION ON 
CRIMINAL HISTORY INQUIRIES.— 
‘‘(1) FIRST VIOLATION.—If the head of an exec-
utive agency determines that a contractor has vio-
lated subsection (a)(1)(B), such head shall— 
‘‘(A) notify the contractor; 
‘‘(B) provide 30 days after such notifica-
tion for the contractor to appeal the determina-
tion; and 
‘‘(C) issue a written warning to the con-
tractor that includes a description of the viola-
tion and the additional remedies that may apply 
for subsequent violations. 
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‘‘(2) SUBSEQUENT VIOLATION.—If the head of 
an executive agency determines that a contractor 
that was subject to paragraph (1) has committed a 
subsequent violation of subsection (a)(1)(B), such 
head shall notify the contractor, shall provide 30 
days after such notification for the contractor to ap-
peal the determination, and, in consultation with the 
relevant Federal agencies, may take actions, depend-
ing on the severity of the infraction and the contrac-
tor’s history of violations, including— 
‘‘(A) providing written guidance to the 
contractor that the contractor’s eligibility for 
contracts requires compliance with this section; 
‘‘(B) requiring that the contractor respond 
within 30 days affirming that the contractor is 
taking steps to comply with this section; 
‘‘(C) suspending payment under the con-
tract for which the applicant was being consid-
ered; 
‘‘(D) terminating the contract under which 
the applicant was being considered; and 
‘‘(E) referring the contractor to the sus-
pension and debarment office of the agency for 
consideration of actions pursuant to section 9.4 
of the Federal Acquisition Regulation. 
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‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CONDITIONAL OFFER.—The term ‘condi-
tional offer’ means an offer of employment for a po-
sition related to work under a contract that is condi-
tioned upon the results of a criminal history inquiry. 
‘‘(2) CRIMINAL
HISTORY
RECORD
INFORMA-
TION.—The term ‘criminal history record informa-
tion’ has the meaning given that term in section 
9201 of title 5.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for division C of subtitle I of title 41, United 
States Code, is amended by inserting after the item 
relating to section 4712 the following new item: 
‘‘4713. Prohibition on criminal history inquiries by contractors prior to condi-
tional offer.’’. 
(3) EFFECTIVE DATE.—Section 4713(a) of title 
41, United States Code, as added by paragraph (1), 
shall apply with respect to contracts awarded pursu-
ant to solicitations issued after the effective date de-
scribed in section 2(b)(2) of this Act. 
(b) DEFENSE CONTRACTS.— 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
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‘‘§ 2338. Prohibition on criminal history inquiries by 
contractors prior to conditional offer 
‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR-
IES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the head of an agency— 
‘‘(A) may not require that an individual or 
sole proprietor who submits a bid for a contract 
to disclose criminal history record information 
regarding that individual or sole proprietor be-
fore determining the apparent awardee; and 
‘‘(B) shall require as a condition of receiv-
ing a Federal contract and receiving payments 
under such contract that the contractor may 
not verbally or through written form request 
the disclosure of criminal history record infor-
mation regarding an applicant for a position re-
lated to work under such contract before such 
contractor extends a conditional offer to the ap-
plicant. 
‘‘(2) OTHERWISE
REQUIRED
BY
LAW.—The 
prohibition under paragraph (1) does not apply with 
respect to a contract if consideration of criminal his-
tory record information prior to a conditional offer 
with respect to the position is otherwise required by 
law. 
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‘‘(3) EXCEPTION
FOR
CERTAIN
POSITIONS.— 
The prohibition under paragraph (1) does not apply 
with respect to a contract that requires an individual 
hired under the contract to access classified informa-
tion or to have sensitive law enforcement or national 
security duties. 
‘‘(b) COMPLAINT PROCEDURES.—The Secretary of 
Defense shall establish and publish procedures under 
which an applicant for a position with a Department of 
Defense contractor may submit a complaint, or any other 
information, relating to compliance by the contractor with 
subsection (a)(1)(B). 
‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION ON 
CRIMINAL HISTORY INQUIRIES.— 
‘‘(1) FIRST
VIOLATION.—If the Secretary of 
Defense determines that a contractor has violated 
subsection (a)(1)(B), the Secretary shall— 
‘‘(A) notify the contractor; 
‘‘(B) provide 30 days after such notifica-
tion for the contractor to appeal the determina-
tion; and 
‘‘(C) issue a written warning to the con-
tractor that includes a description of the viola-
tion and the additional penalties that may apply 
for subsequent violations. 
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‘‘(2) SUBSEQUENT
VIOLATIONS.—If the Sec-
retary of Defense determines that a contractor that 
was subject to paragraph (1) has committed a sub-
sequent violation of subsection (a)(1)(B), the Sec-
retary shall notify the contractor, shall provide 30 
days after such notification for the contractor to ap-
peal the determination, and, in consultation with the 
relevant Federal agencies, may take actions, depend-
ing on the severity of the infraction and the contrac-
tor’s history of violations, including— 
‘‘(A) providing written guidance to the 
contractor that the contractor’s eligibility for 
contracts requires compliance with this section; 
‘‘(B) requiring that the contractor respond 
within 30 days affirming that the contractor is 
taking steps to comply with this section; 
‘‘(C) suspending payment under the con-
tract for which the applicant was being consid-
ered; 
‘‘(D) terminating the contract under which 
the applicant was being considered; and 
‘‘(E) referring the contractor to the sus-
pension and debarment office of the agency for 
consideration of actions pursuant to section 9.4 
of the Federal Acquisition Regulation. 
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‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CONDITIONAL OFFER.—The term ‘condi-
tional offer’ means an offer of employment for a po-
sition related to work under a contract that is condi-
tioned upon the results of a criminal history inquiry. 
‘‘(2) CRIMINAL
HISTORY
RECORD
INFORMA-
TION.—The term ‘criminal history record informa-
tion’ has the meaning given that term in section 
9201 of title 5.’’. 
(2) EFFECTIVE DATE.—Section 2338(a) of title 
10, United States Code, as added by paragraph (1), 
shall apply with respect to contracts awarded pursu-
ant to solicitations issued after the effective date de-
scribed in section 2(b)(2) of this Act. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 137 of title 10, United States 
Code, is amended by inserting after the item relating 
to section 2337 the following new item: 
‘‘2338. Prohibition on criminal history inquiries by contractors prior to condi-
tional offer.’’. 
(c) REVISIONS TO FEDERAL ACQUISITION REGULA-
TION.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the Federal 
Acquisition Regulatory Council shall revise the Fed-
eral Acquisition Regulation to implement section 
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4713 of title 41, United States Code, and section 
2338 of title 10, United States Code, as added by 
this section. 
(2) CONSISTENCY WITH OFFICE OF PERSONNEL 
MANAGEMENT REGULATIONS.—The Federal Acquisi-
tion Regulatory Council shall revise the Federal Ac-
quisition Regulation under paragraph (1) to be con-
sistent with the regulations issued by the Director of 
the Office of Personnel Management under section 
2(b)(1) to the maximum extent practicable. The 
Council shall include together with such revision an 
explanation of any substantive modification of the 
Office of Personnel Management regulations, includ-
ing an explanation of how such modification will 
more effectively implement the rights and protec-
tions under this section. 
SEC. 10005. REPORT ON EMPLOYMENT OF INDIVIDUALS 
FORMERLY 
INCARCERATED 
IN 
FEDERAL 
PRISONS. 
(a) DEFINITION.—In this section, the term ‘‘covered 
individual’’— 
(1) means an individual who has completed a 
term of imprisonment in a Federal prison for a Fed-
eral criminal offense; and 
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(2) does not include an alien who is or will be 
removed from the United States for a violation of 
the immigration laws (as such term is defined in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101)). 
(b) STUDY AND REPORT REQUIRED.—The Director 
of the Bureau of Justice Statistics, in coordination with 
the Director of the Bureau of the Census, shall— 
(1) not later than 6 months after the date of 
enactment of this Act, design and initiate a study on 
the employment of covered individuals after their re-
lease from Federal prison, including by collecting— 
(A) demographic data on covered individ-
uals, including race, age, and sex; and 
(B) data on employment and earnings of 
covered individuals who have been denied em-
ployment, including the reasons for the denials; 
and 
(2) not later than 2 years after the date of en-
actment of this Act, and every 5 years thereafter, 
submit a report that does not include any personally 
identifiable information on the study conducted 
under paragraph (1) to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
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(B) the Committee on Health, Education, 
Labor, and Pensions of the Senate; 
(C) the Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives; and 
(D) the Committee on Education and the 
Workforce of the House of Representatives. 
SEC. 10006. PENALTY FOR UNAUTHORIZED PARTICIPATION 
BY CONVICTED INDIVIDUAL. 
(a) PROHIBITION.— 
(1) IN GENERAL.—Except with the prior writ-
ten consent of the Corporation— 
(A) any person who has been convicted of 
any criminal offense involving dishonesty or a 
breach of trust or money laundering, or has 
agreed to enter into a pretrial diversion or simi-
lar program in connection with a prosecution 
for such offense, may not— 
(i) become, or continue as, an institu-
tion-affiliated party with respect to any in-
sured depository institution; 
(ii) own or control, directly or indi-
rectly, any insured depository institution; 
or 
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(iii) otherwise participate, directly or 
indirectly, in the conduct of the affairs of 
any insured depository institution; and 
(B) any insured depository institution may 
not permit any person referred to in subpara-
graph (A) to engage in any conduct or continue 
any relationship prohibited under such subpara-
graph. 
(2) MINIMUM
10-YEAR
PROHIBITION
PERIOD 
FOR CERTAIN OFFENSES.— 
(A) IN GENERAL.—If the offense referred 
to in paragraph (1)(A) in connection with any 
person referred to in such paragraph is— 
(i) an offense under— 
(I) section 215, 656, 657, 1005, 
1006, 1007, 1008,1 1014, 1032, 
1344, 1517, 1956, or 1957 of title 18; 
or 
(II) section 1341 or 1343 of such 
title which affects any financial insti-
tution (as defined in section 20 of 
such title); or 
(ii) the offense of conspiring to com-
mit any such offense, the Corporation may 
not consent to any exception to the appli-
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cation of paragraph (1) to such person 
during the 10-year period beginning on the 
date the conviction or the agreement of the 
person becomes final. 
(B) EXCEPTION
BY
ORDER
OF
SEN-
TENCING COURT.— 
(i) IN GENERAL.—On motion of the 
Corporation, the court in which the convic-
tion or the agreement of a person referred 
to in subparagraph (A) has been entered 
may grant an exception to the application 
of paragraph (1) to such person if granting 
the exception is in the interest of justice. 
(ii) PERIOD FOR FILING.—A motion 
may be filed under clause (i) at any time 
during the 10-year period described in sub-
paragraph (A) with regard to the person 
on whose behalf such motion is made. 
(b) PENALTY.—Whoever knowingly violates sub-
section (a) of this section shall be fined not more than 
$1,000,000 for each day such prohibition is violated or 
imprisoned for not more than 5 years, or both. 
(d) 2 BANK HOLDING COMPANIES.— 
(1) IN GENERAL.—Subsections (a) and (b) shall 
apply to any company (other than a foreign bank) 
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that is a bank holding company and any organiza-
tion organized and operated under section 25A of 
the Federal Reserve Act (12 U.S.C. 611 et seq.) or 
operating under section 25 of the Federal Reserve 
Act (12 U.S.C. 601 et seq.), as if such bank holding 
company or organization were an insured depository 
institution, except that such subsections shall be ap-
plied for purposes of this subsection by substituting 
‘‘Board of Governors of the Federal Reserve Sys-
tem’’ for ‘‘Corporation’’ each place that term ap-
pears in such subsections. 
(2) AUTHORITY
OF
BOARD.—The Board of 
Governors of the Federal Reserve System may pro-
vide exemptions, by regulation or order, from the ap-
plication of paragraph (1) if the exemption is con-
sistent with the purposes of this subsection. 
(e) SAVINGS AND LOAN HOLDING COMPANIES.— 
(1) IN GENERAL.—Subsections (a) and (b) shall 
apply to any savings and loan holding company as 
if such savings and loan holding company were an 
insured depository institution, except that such sub-
sections shall be applied for purposes of this sub-
section by substituting ‘‘Board of Governors of the 
Federal Reserve System’’ for ‘‘Corporation’’ each 
place that term appears in such subsections. 
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(2) AUTHORITY OF DIRECTOR.—The Board of 
Governors of the Federal Reserve System may pro-
vide exemptions, by regulation or order, from the ap-
plication of paragraph (1) if the exemption is con-
sistent with the purposes of this subsection. 
SEC. 10007. LOWERING THE AGE FOR EXPUNGEMENT OF 
CERTAIN CONVICTIONS FOR SIMPLE POSSES-
SION OF CONTROLLED SUBSTANCES BY NON-
VIOLENT YOUNG OFFENDERS. 
Section 3607(c) of title 18, United States Code, is 
amended by striking ‘‘less than twenty-one’’ and inserting 
‘‘less than twenty-five’’. 
SEC. 10008. RESIDENCE OF INCARCERATED INDIVIDUALS. 
Section 141 of title 13, United States Code, is 
amended— 
(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g)(1) Effective beginning with the 2020 decennial 
census of population, in taking any tabulation of total pop-
ulation by States under subsection (a) for purposes of the 
apportionment of Representatives in Congress among the 
several States, the Secretary shall, with respect to an indi-
vidual incarcerated in a State, Federal, county, or munic-
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ipal correctional center as of the date on which such cen-
sus is taken, attribute such individual to such individual’s 
last place of residence before incarceration. 
‘‘(2) In carrying out this subsection, the Secretary 
shall consult with each State department of corrections to 
collect the information necessary to make the determina-
tion required under paragraph (1).’’. 
TITLE XI—GUN VIOLENCE 
SEC. 11001. DEFINITIONS OF ‘‘INTIMATE PARTNER’’ AND 
‘‘MISDEMEANOR CRIME OF DOMESTIC VIO-
LENCE’’ EXPANDED. 
Section 921(a) of title 18, United States Code, is 
amended— 
(1) in paragraph (32)— 
(A) by striking ‘‘and an individual’’ and in-
serting ‘‘an individual’’; and 
(B) by inserting ‘‘, or a dating partner (as 
defined in section 2266) or former dating part-
ner’’ before the period at the end; and 
(2) in paragraph (33)(A)(ii)— 
(A) by striking ‘‘or by’’ and inserting 
‘‘by’’; and 
(B) by inserting ‘‘, or by a dating partner 
(as defined in section 2266) or former dating 
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partner of the victim’’ before the period at the 
end. 
SEC. 11002. UNLAWFUL SALE OF FIREARM TO A PERSON 
SUBJECT TO COURT ORDER. 
Section 922(d)(8) of title 18, United States Code, is 
amended to read as follows: 
‘‘(8) is subject to a court order described in 
subsection (g)(8); or’’. 
SEC. 11003. LIST OF PERSONS SUBJECT TO A RESTRAINING 
OR SIMILAR ORDER PROHIBITED FROM POS-
SESSING OR RECEIVING A FIREARM EX-
PANDED. 
Section 922(g)(8) of title 18, United States Code, is 
amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘that’’; 
(2) by striking subparagraphs (A) and (B) and 
inserting the following: 
‘‘(A)(i) that was issued after a hearing of 
which such person received actual notice, and at 
which such person had an opportunity to par-
ticipate; or 
‘‘(ii) in the case of an ex parte order, relat-
ing to which notice and opportunity to be heard 
are provided— 
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‘‘(I) within the time required by 
State, tribal, or territorial law; and 
‘‘(II) in any event within a reasonable 
time after the order is issued, sufficient to 
protect the person’s right to due process; 
‘‘(B) that restrains such person from— 
‘‘(i) harassing, stalking, threatening, 
or engaging in other conduct that would 
put an individual in reasonable fear of bod-
ily injury to such individual, including an 
order that was issued at the request of an 
employer on behalf of its employee or at 
the request of an institution of higher edu-
cation on behalf of its student; or 
‘‘(ii) intimidating or dissuading a wit-
ness from testifying in court; and’’; and 
(3) in subparagraph (C)— 
(A) by striking ‘‘intimate partner or child’’ 
each place it appears and inserting ‘‘individual 
described in subparagraph (B)’’; 
(B) in clause (i), by inserting ‘‘that’’ be-
fore ‘‘includes’’; and 
(C) in clause (ii), by inserting ‘‘that’’ be-
fore ‘‘by its’’. 
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SEC. 11004. STALKING PROHIBITIONS. 
(a) SALES OR OTHER DISPOSITIONS OF FIREARMS 
OR AMMUNITION.—Section 922(d) of title 18, United 
States Code, as amended by section 3 of this Act, is 
amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(8); 
(2) by striking the period at the end of para-
graph (9) and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) has been convicted in any court of— 
‘‘(A) a misdemeanor crime of stalking 
under Federal, State, territorial, or tribal law; 
or 
‘‘(B) a crime that involves conduct which 
would be prohibited by section 2261A if com-
mitted within the special maritime and terri-
torial jurisdiction of the United States.’’. 
(b) POSSESSION, ETC., OF FIREARMS OR AMMUNI-
TION.—Section 922(g) of such title, as amended by section 
4 of this Act, is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(8); 
(2) by striking the comma at the end of para-
graph (9) and inserting ‘‘; or’’; and 
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(3) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) has been convicted in any court of— 
‘‘(A) a misdemeanor crime of stalking 
under Federal, State, territorial, or tribal law; 
or 
‘‘(B) a crime that involves conduct which 
would be prohibited by section 2261A if com-
mitted within the special maritime and terri-
torial jurisdiction of the United States,’’. 
SEC. 11005. FINDINGS. 
The Congress finds as follows: 
(1) As of December 4, 2017, there have been 
56,825 incidents of gun violence in the United 
States in 2017. 
(2) As of December 4, 2017, there have been 
14,319 deaths related to gun violence in the United 
States in 2017. 
(3) Defining a mass shooting as an incident of 
violence during which four or more people are shot, 
not including the shooter— 
(A) there have been 327 mass shootings in 
the United States in 2017; 
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(B) on average, there is more than one 
mass shooting each day in the United States; 
and 
(C) there have been more than 1,500 mass 
shootings in the United States since the shoot-
ing at Sandy Hook Elementary in 2012. 
SEC. 11006. RESEARCH ON MENTAL HEALTH, GUN VIO-
LENCE, AND HOW THEY INTERSECT. 
Effective on the date of enactment of the Consoli-
dated Appropriations Act, 2016 (Public Law 114–113), 
section 210 (prohibiting the availability of funds to advo-
cate or promote gun control) of title II of division H of 
such Act (relating to the Department of Health and 
Human Services) is amended to read as follows: 
‘‘SEC. 210. None of the funds made available in this 
title may be used, in whole or in part, to advocate or pro-
mote gun control. Nothing in this section shall be con-
strued to limit funding for the conduct or support of re-
search on mental health, gun violence, and how they inter-
sect.’’. 
SEC. 11007. REPORT ON EFFECTS OF GUN VIOLENCE ON 
PUBLIC HEALTH. 
Not later than one year after the date of the enact-
ment of this Act, and annually thereafter, the Surgeon 
General of the Public Health Service shall submit to Con-
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gress a report on the effects on public health, including 
mental health, of gun violence in the United States during 
the preceding year, and the status of actions taken to ad-
dress such effects. 
SEC. 11008. REPORT ON EFFECTS OF GUN VIOLENCE ON 
MENTAL 
HEALTH 
IN 
MINORITY 
COMMU-
NITIES. 
Not later than one year after the date of the enact-
ment of this Act, the Deputy Assistant Secretary for Mi-
nority Health in the Office of the Secretary of Health and 
Human Services shall submit to Congress a report on the 
effects of gun violence on public health, including mental 
health, in minority communities in the United States, and 
the status of actions taken to address such effects. 
Æ 
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