S.Amdt. 4140

SA 4140. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 4109 proposed by Mr. McConnell (for Mr. Kennedy (for
himself and Mr. Cotton)) to the amendment SA 4108 proposed by Mr.
McConnell (for Mr. Grassley) to the bill S. 756, to reauthorize and
amend the Marine Debris Act to promote international action to reduce
marine debris, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

In section 3632(d)(4)(D) of title 18, United States Code,
as added by section 101 of this Act, add at the end the
following:
``(liii) Section 32, relating to destruction of aircraft or
aircraft facilities.
``(liv) Section 33, relating to destruction of motor
vehicles or motor vehicle facilities.
``(lv) Section 36, relating to drive-by shootings.
``(lvi) Section 871, relating to threats against the
President and successors to the Presidency.
``(lvii) Section 879, relating to threats against former
Presidents and certain other persons.
``(lviii) Section 1091, relating to genocide.''.
``(lviv) Section 2119, relating to taking a motor vehicle
(commonly referred to as `carjacking').

Notwithstanding any other provision of this Act, insert the
following:

SEC. 106. FAITH-BASED CONSIDERATIONS.

(a) In General.--In considering any program, treatment,
regimen, group, company, charity, person, or entity of any
kind under any provision of this Act, or the amendments made
by this Act, the fact that it may be or is faith-based may
not be a basis for any discrimination against it in any
manner or for any purpose.
(b) Eligibility for Earned Time Credit.--Participation in a
faith-based program, treatment, or regimen may qualify a
prisoner for earned time credit under subchapter D of chapter
229 of title 18, United States Code, as added by section
101(a) of this Act, however, the Director of the Bureau of
Prisons shall ensure that non-faith-based programs that
qualify for earned time credit are offered at each Bureau of
Prisons facility in addition to any such faith-based
programs.
(c) Limitation on Activities.--A group, company, charity,
person, or entity may not engage in explicitly religious
activities using direct financial assistance made available
under this title or the amendments made by this title.
(d) Rule of Construction.--Nothing in this Act, or the
amendments made by this Act, may be construed to amend any
requirement under Federal law or the Constitution of the
United States regarding funding for faith-based programs or
activities.
Notwithstanding any other provision of this Act, insert the
following:

[[Page S7716]]

SEC. 107. INDEPENDENT REVIEW COMMITTEE.

(a) In General.--The Attorney General shall consult with an
Independent Review Committee in carrying out the Attorney
General's duties under sections 3631(b), 3632 and 3633 of
title 18, United States Code, as added by section 101(a) of
this Act.
(b) Formation of Independent Review Committee.--The
National Institute of Justice shall select a nonpartisan and
nonprofit organization with expertise in the study and
development of risk and needs assessment tools to host the
Independent Review Committee. The Independent Review
Committee shall be established not later than 30 days after
the date of enactment of this Act.
(c) Appointment of Independent Review Committee.--The
organization selected by the National Institute of Justice
shall appoint not fewer than 6 members to the Independent
Review Committee.
(d) Composition of the Independent Review Committee.--The
members of the Independent Review Committee shall all have
expertise in risk and needs assessment systems and shall
include--
(1) 2 individuals who have published peer-reviewed
scholarship about risk and needs assessments in both
corrections and community settings;
(2) 2 corrections practitioners who have developed and
implemented a risk assessment tool in a corrections system or
in a community supervision setting, including 1 with prior
experience working within the Bureau of Prisons; and
(3) 1 individual with expertise in assessing risk
assessment implementation.
(e) Duties of the Independent Review Committee.--The
Independent Review Committee shall assist the Attorney
General in carrying out the Attorney General's duties under
sections 3631(b), 3632 and 3633 of title 18, United States
Code, as added by section 101(a) of this Act, including by
assisting in--
(1) conducting a review of the existing prisoner risk and
needs assessment systems in operation on the date of
enactment of this Act;
(2) developing recommendations regarding evidence-based
recidivism reduction programs and productive activities;
(3) conducting research and data analysis on--
(A) evidence-based recidivism reduction programs relating
to the use of prisoner risk and needs assessment tools;
(B) the most effective and efficient uses of such programs;
and
(C) which evidence-based recidivism reduction programs are
the most effective at reducing recidivism, and the type,
amount, and intensity of programming that most effectively
reduces the risk of recidivism; and
(4) reviewing and validating the risk and needs assessment
system.
(f) Bureau of Prisons Cooperation.--The Director of the
Bureau of Prisons shall assist the Independent Review
Committee in performing the Committee's duties and promptly
respond to requests from the Committee for access to Bureau
of Prisons facilities, personnel, and information.
(g) Report.--Not later than 1 year after the date of
enactment of this Act and annually for each year until the
Independent Review Committee terminates under this section,
the Independent Review Committee shall submit to the
Committee on the Judiciary and the Subcommittee on Commerce,
Justice, Science, and Related Agencies of the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Subcommittee on Commerce, Justice, Science,
and Related Agencies of the Committee on Appropriations of
the House of Representatives a public report that includes--
(1) a list of all offenses of conviction for which
prisoners were ineligible to receive time credits under
section 3632(d)(4)(D) of title 18, United States Code, as
added by section 101(a) of this Act, and for each offense the
number of prisoners excluded, including demographic
percentages by age, race, and sex;
(2) the criminal history categories of prisoners ineligible
to receive time credits under section 3632(d)(4)(D) of title
18, United States Code, as added by section 101(a) of this
Act, and for each category the number of prisoners excluded,
including demographic percentages by age, race, and sex;
(3) the number of prisoners ineligible to apply time
credits under section 3632(d)(4)(D) of title 18, United
States Code, as added by section 101(a) of this Act, who do
not participate in recidivism reduction programming or
productive activities, including the demographic percentages
by age, race, and sex;
(4) any recommendations for modifications to section
3632(d)(4)(D) of title 18, United States Code, as added by
section 101(a) of this Act, and any other recommendations
regarding recidivism reduction.
(h) Termination.--The Independent Review Committee shall
terminate on the date that is 5 years after the date on which
the risk and needs assessment system authorized by sections
3632 and 3633 of title 18, United States Code, as added by
section 101(a) of this Act, is released.
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