S.Amdt. 4143

SA 4143. Mr. SASSE submitted an amendment intended to be proposed to
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:

In section 3631 of title 18, United States Code, as added
by section 101(a) of this Act--
(1) in subsection (a)--
(A) in paragraph (4), add ``and'' at the end;
(B) in paragraph (5), strike ``; and'' and insert a period;
and
(C) strike paragraph (6).
In section 3632 of title 18, United States Code, as added
by section 101(a) of this Act--
(1) in subsection (a), strike ``, in consultation with the
Independent Review Committee authorized by the First Step Act
of 2018,''; and
(2) in subsection (d)--
(A) in paragraph (4)--
(i) in subparagraph (C), strike the period at the end and
insert ``, except that the Director of the Bureau of Prisons
may deny such a transfer if the warden of the prison finds
that the prisoner should not be transferred into prerelease
custody based on the prisoner's programmatic needs, the
prisoner's conduct or actions after the conviction of such
prisoner, the prisoner's risk of recidivism, the availability
of the Bureau of Prisons' resources to ensure adequate
supervision of the prisoner while in prerelease custody, and
other conditions that the Director of the Bureau of Prisons
determines are appropriate for public safety or recidivism
reduction purposes. The determination of whether the prisoner
should be transferred into prerelease custody or supervised
release under this paragraph shall not be reviewable by any
court.''; and
(ii) in strike subparagraph (E)(i) and insert the
following:
``(i) In general.--A prisoner is ineligible to apply time
credits under subparagraph (C) if the prisoner is--

``(I) the subject to an immigration detainer or to a final
order of removal under any provision of the immigration laws
(as such term is defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))); or

[[Page S7717]]

``(II) is found by the Director of the Bureau of Prisons to
be likely to be a deportable alien described in section
237(a) of the Immigration and Nationality Act (8 U.S.C.
1227(a)).''; and

(B) in paragraph (6), insert ``, except no activity that
earns a prisoner credit for any other incentive or reward
shall earn the prisoner any incentives under this
subsection'' before the period at the end.
In section 3633(a) of title 18, United States Code, as
added by section 101(a) of this Act, strike ``, in
consultation with the Independent Review Committee authorized
by the First Step Act of 2018,''.

In section 3635 of title 18, United States Code, as added
by section 101(a) of this Act--
(1) in paragraph (3)--
(A) in subparagraph (B), strike ``and'' at the end;
(B) in subparagraph (C)(xiii), strike the period at the end
and insert ``; and''; and
(C) add at the end the following:
``(D) may not include any training that would enhance the
capacity of the prisoner to commit any crime similar to those
for which the prisoner is incarcerated.'';
(2) strike paragraph (5);
(3) redesignate paragraph (6) as paragraph (5).
In section 3624(g) of title 18, United States Code, as
added by section 102(b) of this Act--
(1) strike paragraph (1)(D) and insert the following:
``(D) has been determined under the System to be a minimum
or low risk to recidivate pursuant to the last 2
reassessments of the prisoner.''; and
(2) strike paragraph (2)(A) and insert the following:
``(A) Home confinement.--
``(i) In general.--A prisoner placed in prerelease custody
pursuant to this subsection who is placed in home confinement
shall--

``(I) be subject to 24-hour electronic monitoring that
enables the prompt identification of the prisoner, location,
and time, in the case of any violation of subclause (II);
``(II) remain in the prisoner's residence, except that the
prisoner may leave the prisoner's home in order to, subject
to the approval of the Director of the Bureau of Prisons--

``(aa) perform a job or job-related activities, including
an apprenticeship, or participate in job-seeking activities;
``(bb) participate in evidence-based recidivism reduction
programming or productive activities assigned by the System,
or similar activities;
``(cc) perform community service;
``(dd) participate in crime victim restoration activities;
``(ee) receive medical treatment;
``(ff) attend religious activities; or
``(gg) participate in other family-related activities that
facilitate the prisoner's successful reentry such as a family
funeral, a family wedding, or to visit a family member who is
seriously ill; and

``(III) comply with such other conditions as the Director
determines appropriate.

``(ii) Duration.--Except as provided in paragraph (4), a
prisoner who is placed in home confinement shall remain in
home confinement until the prisoner has served not less than
85 percent of the prisoner's imposed term of imprisonment.''.
Strike section 107.
Strike section 602.
Redesignate sections 603 through 613, as redesignated, as
sections 602 through 612, respectively.
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