While there’s no ‘and’ after ‘(A)’, it appears that’s the standard format for a list like this. Every list of x, y, and z in this bill is written in the same way. It seems like it’s supposed to be written like you would a list you give in English. There’s a list of conditions under which a prisoner can be transferred to a prison closer to their home when near release time, and the conditions are listed in the same exact way.

‘‘(2) TRANSFER TO INSTITUTION CLOSER TO RELEASE RESIDENCE.—A prisoner who is successfully participating in an evidence-based recidivism reduction program shall be considered by the Bureau of Prisons for placement in a facility closer to the prisoner’s release residence upon request from the prisoner and subject to—
‘‘(A) bed availability at the transfer facility;
‘‘(B) the prisoner’s security designation; and
‘‘© the recommendation from the warden of the prison at which the prisoner is incarcerated at the time of making the request.

There’s no way they will allow you to transfer to a prison that has no space for you, so long as you can fulfill both B and C, it’d be physically impossible! It’s clear they intend for you to meet all 3 requirements, just like in the segment being discussed by the supreme court in the article. There’s also like a seven item list of responsibilities the Attorney General has in the bill too, formatted with the same (A); (B); ©; … (G); and (H) format. And there’s no way they let the dude just pick which task from the list he’s responsible for. Once you become familiar with the bill’s format, it’s extremely clear how this is supposed to work.

I feel like that specific issue is pretty cut and dry, but that’s just me.