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 
other factors as may be considered pertinent, the court 
finds that there are reasonable grounds to believe that the 
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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 
under such section and appointments to the United States 
Parole Commission shall be made in accordance with sec-
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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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‘‘§ 5041. Parole 
‘‘A juvenile delinquent who has been committed may 
be released on parole at any time under such conditions 
and regulations as the United States Parole Commission 
determines proper in accordance with section 3635.’’; and 
(B) by striking the item relating to section 
5041 and inserting the following: 
‘‘5041. Parole.’’. 
(6) The table of subchapters for chapter 229 of 
title 18, United States Code, is amended by insert-
ing after the item relating to subchapter C the fol-
lowing: 
‘‘D. Parole ............................................................................................ 3631’’. 
(7) The Controlled Substances Act (21 U.S.C. 
801 et seq.) is amended— 
(A) in section 401(b)(1) (21 U.S.C. 
841(b)(1))— 
(i) in subparagraph (A), in the matter 
following clause (viii), by striking the last 
sentence; 
(ii) in subparagraph (B), in the mat-
ter following clause (viii), by striking the 
last sentence; and 
(iii) in subparagraph (C), in the last 
sentence, by striking ‘‘, nor shall a person 
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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. 6. CFPB OVERSIGHT OF PROVIDERS OF MONEY 
TRANSFER SERVICES FOR CORRECTIONAL 
AND IMMIGRATION DETENTION FACILITIES. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Bureau’’ means the Bureau of 
Consumer Financial Protection; 
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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 Security. 
(b) REASONABLE
AND
PROPORTIONAL
FEE
OR 
CHARGE.—The amount of any fee or charge that a cov-
ered provider may impose with respect to a service de-
scribed in subparagraph (A), (B), or (C) of subsection 
(a)(4) shall be reasonable and proportional to the relative 
cost or value of the service. 
(c) REQUIREMENT TO ISSUE REGULATIONS.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Bureau shall 
issue final rules to establish standards for assessing 
whether the amount of any fee or charge described 
in subsection (b) is reasonable and proportional to 
the relative cost or value of the service provided by 
a covered provider. 
(2) CONSIDERATIONS.—In issuing the final 
rules under paragraph (1), the Bureau shall con-
sider— 
(A) whether there are alternative means 
for transferring funds into correctional facilities 
and immigration detention facilities; 
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(B) whether those alternatives can reason-
ably be considered comparable; 
(C) differing cost structures for transfer-
ring funds into correctional facilities and immi-
gration detention facilities; and 
(D) such other factors as the Bureau may 
determine necessary or appropriate. 
(3) DIFFERENTIATION PERMITTED.—In issuing 
the final rules under paragraph (1), the Bureau may 
establish different standards for different types of 
fees and charges, as appropriate. 
SEC. 7. RESTRICTIONS ON THE PROVISION OF INMATE 
TELEPHONE AND VIDEO SERVICE. 
(a) DEFINITIONS.—Section 226(a) of the Commu-
nications Act of 1934 (47 U.S.C. 226(a)) is amended by 
adding at the end the following: 
‘‘(10) The term ‘ancillary fee’ includes any 
charge or fee that is imposed on a user of inmate 
telephone and video service in addition to the per- 
minute rate and connection charge. 
‘‘(11) The term ‘collect’ or ‘collect call’ means 
a telephone call or video call from a person incarcer-
ated in a correctional institution that is billed to the 
subscriber receiving the call. 
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‘‘(12) The term ‘commission’ means a fee or 
other payment by a provider of inmate telephone 
and video service to an administrator of a correc-
tional institution, department of correction, or simi-
lar entity, based upon, or partly upon, inmate tele-
phone and video service revenue. 
‘‘(13) The term ‘debit account’ means the pay-
ment of inmate telephone and video service through 
a prepaid card or other account of a prisoner, which 
can be accessed only through an access code, per-
sonal identification number, or similar identifier. 
‘‘(14) The term ‘inmate telephone and video 
service’ includes the provision of telephone and video 
service enabling persons incarcerated in correctional 
institutions to originate calls at payphones, tele-
phones, or video kiosks that are designated for the 
personal use of prisoners, regardless of whether the 
calls are collect, paid through a debit account, or 
paid through any other means. 
‘‘(15) The term ‘provider of inmate telephone 
and video service’ means any common carrier that 
provides inmate telephone and video service or any 
other person determined by the Commission to be 
providing inmate telephone and video service.’’. 
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(b) REGULATIONS.—Section 226 of the Communica-
tions Act of 1934 (47 U.S.C. 226) is further amended— 
(1) by redesignating subsection (i) as subsection 
(k); and 
(2) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) REGULATION
OF INMATE TELEPHONE
AND 
VIDEO SERVICE.— 
‘‘(1) IN
GENERAL.—In order to ensure that 
charges for inmate telephone and video service are 
just, reasonable, and nondiscriminatory, not later 
than 1 year after the date of enactment of the Jus-
tice is Not For Sale Act of 2017, the Commission 
shall adopt regulations on the use of inmate tele-
phone and video service that— 
‘‘(A) prescribe a maximum uniform per- 
minute compensation rate; 
‘‘(B) prescribe a maximum uniform service 
connection or other per-call compensation rate; 
‘‘(C) prescribe variable maximum com-
pensation rates depending on such factors as 
carrier costs, the size of the correctional facility 
served, and other relevant factors identified by 
the Commission; 
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‘‘(D) require providers of inmate telephone 
and video service to offer both collect calling 
and debit account services; 
‘‘(E) address the payment of commissions 
by providers of inmate telephone and video 
service to administrators of correctional institu-
tions, departments of correction, and similar 
entities by— 
‘‘(i) prohibiting such payments; or 
‘‘(ii) limiting commission payments; 
‘‘(F) require administrators of correctional 
institutions, departments of correction, and 
similar entities to allow more than 1 provider of 
inmate telephone and video service to provide 
inmate telephone and video service at a correc-
tional institution so that prisoners have a choice 
of such providers; and 
‘‘(G) prohibit or substantially limit any an-
cillary fees imposed by a provider of inmate 
telephone and video service on a user of the 
service. 
‘‘(2) SCOPE.— 
‘‘(A) 
IN
GENERAL.—The 
regulations 
adopted by the Commission under this sub-
section— 
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‘‘(i) shall be technologically neutral; 
and 
‘‘(ii) shall not jeopardize legitimate se-
curity and penological interests. 
‘‘(B) IMPACT ON REVENUE.—To the extent 
the regulations adopted by the Commission 
under this subsection reduce or eliminate the 
revenue derived by administrators of correc-
tional institutions, departments of correction, 
and similar entities from the receipt of commis-
sions, such effects of the regulations shall not 
be considered to be jeopardizing or otherwise 
affecting legitimate security or penological in-
terests. 
‘‘(3) PERIODIC REVIEW.—The Commission shall 
review, on a biennial basis, the regulations adopted 
under this subsection, including to determine wheth-
er any compensation rates established by the Com-
mission should be modified. 
‘‘(4) STATE PREEMPTION.—To the extent that 
any State, local government, or private correctional 
facility requirements are inconsistent with the regu-
lations of the Commission affecting or pertaining to 
inmate telephone and video service, including restric-
tions on the payment of commissions based upon in-
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mate telephone and video service revenues or earn-
ings, the regulations of the Commission on such 
matters shall preempt the State, local government, 
or private correctional facility requirements. 
‘‘(j) INMATE
TELEPHONE
AND
VIDEO
SERVICE 
FULLY SUBJECT TO SECTIONS 201, 205, 251, 252, AND 
276.— 
‘‘(1) IN GENERAL.—Inmate telephone and video 
service shall be fully subject to the requirements of 
sections 201, 205, 251, 252, and 276. 
‘‘(2) RESTRICTION.—A provider of inmate tele-
phone and video service may not block or otherwise 
refuse to carry a call placed by an incarcerated per-
son on the grounds that the provider has no contrac-
tual or other arrangement with the local exchange 
carrier serving the intended recipient of the call or 
other common carrier involved in any portion of the 
transmission of the call.’’. 
SEC. 8. 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. 9. 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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