```

[House Report 115-699]
[From the U.S. Government Publishing Office]

115th Congress    }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {       115-699

======================================================================

 
FORMERLY INCARCERATED REENTER SOCIETY TRANSFORMED SAFELY TRANSITIONING 
                            EVERY PERSON ACT

                                _______
                                

  May 22, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 5682]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5682) to provide for programs to help reduce the 
risk that prisoners will recidivate upon release from prison, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................    22
Background and Need for the Legislation..........................    22
Hearings.........................................................    24
Committee Consideration..........................................    24
Committee Votes..................................................    24
Committee Oversight Findings.....................................    26
New Budget Authority and Tax Expenditures........................    26
Congressional Budget Office Cost Estimate........................    26
Duplication of Federal Programs..................................    26
Disclosure of Directed Rule Makings..............................    26
Performance Goals and Objectives.................................    27
Advisory on Earmarks.............................................    27
Section-by-Section Analysis......................................    27
Changes in Existing Law Made by the Bill, as Reported............    32
Dissenting Views.................................................   100

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Formerly 
Incarcerated Reenter Society Transformed Safely Transitioning Every 
Person Act'' or the ``FIRST STEP Act''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                     TITLE I--RECIDIVISM REDUCTION

Sec. 101. Risk and needs assessment system.
Sec. 102. Implementation of system and recommendations by Bureau of 
Prisons.
Sec. 103. GAO Report.
Sec. 104. Authorization of appropriations.
Sec. 105. Rule of construction.

          TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE

Sec. 201. Short title.
Sec. 202. Secure firearms storage.

         TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

Sec. 301. Use of restraints on prisoners during the period of pregnancy 
and postpartum recovery prohibited.

                TITLE IV--MISCELLANEOUS CRIMINAL JUSTICE

Sec. 401. Placement of prisoners close to families.
Sec. 402. Home confinement for low risk prisoners.
Sec. 403. Federal prisoner reentry initiative reauthorization; 
modification of imposed term of imprisonment.
Sec. 404. Identification for returning citizens.
Sec. 405. Miscellaneous.
Sec. 406. Expanding inmate employment through Federal prison 
industries.
Sec. 407. De-escalation training.
Sec. 408. Evidence-based treatment for opioid and heroin abuse.
Sec. 409. Pilot programs.
Sec. 410. Ensuring supervision of released sexually dangerous persons.
Sec. 411. Data collection.
Sec. 412. Healthcare products.
Sec. 413. Prison rape elimination standards auditors.
Sec. 414. Adult and juvenile collaboration programs.

                     TITLE I--RECIDIVISM REDUCTION

SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM.

  (a) In General.--Chapter 229 of title 18, United States Code, is 
amended by inserting after subchapter C the following:

            ``SUBCHAPTER D--RISK AND NEEDS ASSESSMENT SYSTEM

``Sec.
``3631. Duties of the Attorney General.
``3632. Development of risk and needs assessment system.
``3633. Evidence-based recidivism reduction program and 
recommendations.
``3634. Report.
``3635. Definitions.

``Sec. 3631. Duties of the Attorney General

  ``(a) In General.--The Attorney General shall carry out this 
subchapter in consultation with--
          ``(1) the Director of the Bureau of Prisons;
          ``(2) the Director of the Administrative Office of the United 
        States Courts;
          ``(3) the Director of the Office of Probation and Pretrial 
        Services;
          ``(4) the Director of the National Institute of Justice; and
          ``(5) the Director of the National Institute of Corrections.
  ``(b) Duties.--The Attorney General shall--
          ``(1) conduct a review of the existing prisoner risk and 
        needs assessment systems in operation on the date of the 
        enactment of the FIRST STEP Act;
          ``(2) develop recommendations regarding evidence-based 
        recidivism reduction programs and productive activities in 
        accordance with section 3633;
          ``(3) conduct ongoing 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;
                  ``(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
                  ``(D) products purchased by Federal agencies that are 
                manufactured overseas and could be manufactured by 
                prisoners participating in a prison work program 
                without reducing job opportunities for other workers in 
                the United States;
          ``(4) on an annual basis, review and validate the risk and 
        needs assessment system, which review shall include--
                  ``(A) any subsequent changes to the risk and needs 
                assessment system made after the date of the enactment 
                of this subchapter;
                  ``(B) the recommendations developed under paragraph 
                (2), using the research conducted under paragraph (3);
                  ``(C) an evaluation to ensure that the risk and needs 
                assessment system bases the assessment of each 
                prisoner's risk of recidivism on indicators of 
                progress, and of regression that are dynamic and that 
                can reasonably be expected to change while in prison;
                  ``(D) statistical validation of any tools that the 
                risk and needs assessment system uses; and
                  ``(E) an evaluation of the rates of recidivism among 
                similarly classified prisoners to identify any 
                unwarranted disparities, including disparities among 
                similarly classified prisoners of different demographic 
                groups, in such rates;
          ``(5) make any revisions or updates to the risk and needs 
        assessment system that the Attorney General determines 
        appropriate pursuant to the review under paragraph (4), 
        including updates to ensure that any disparities identified in 
        paragraph (4)(E) are reduce to the greatest extent possible; 
        and
          ``(6) report to Congress in accordance with section 3634.

``Sec. 3632. Development of risk and needs assessment system

  ``(a) In General.--Not later than 180 days after the date of the 
enactment of the FIRST STEP Act, the Attorney General shall develop and 
release a risk and needs assessment system (referred to in this 
subchapter as the `System'), which shall be used to--
          ``(1) determine the recidivism risk of each prisoner as part 
        of the intake process, and classify each prisoner as having 
        minimum, low, medium, or high risk for recidivism;
          ``(2) assess and determine, to the extent practicable, the 
        risk of violent or serious misconduct of each prisoner;
          ``(3) determine the type, amount, and intensity of evidence-
        based recidivism reduction programs that are appropriate for 
        each prisoner and assign each prisoner to such programs 
        accordingly, and based on the prisoner's specific criminogenic 
        needs, and in accordance with subsection (b);
          ``(4) reassess the recidivism risk of each prisoner 
        periodically and reassign the prisoner to appropriate evidence-
        based recidivism reduction programs or productive activities 
        based on the revised determination to ensure that--
                  ``(A) all prisoners at each risk level have a 
                meaningful opportunity to reduce their classification 
                during the period of incarceration;
                  ``(B) to address the specific criminogenic needs of 
                the prisoner; and
                  ``(C) all prisoners are able to successfully 
                participate in such programs;
          ``(5) determine when to provide incentives and rewards for 
        successful participation in evidence-based recidivism reduction 
        programs or productive activities in accordance with subsection 
        (e); and
          ``(6) determine when a prisoner is ready to transfer into 
        prerelease custody in accordance with section 3624(c).
In carrying out this subsection, the Attorney General may use existing 
risk and needs assessment tools, as appropriate.
  ``(b) Assignment of Evidence-based Recidivism Reduction Programs.--
The System shall provide guidance on the type, amount, and intensity of 
evidence-based recidivism reduction programming and productive 
activities that shall be assigned for each prisoner, including--
          ``(1) programs in which the Bureau of Prisons shall assign 
        the prisoner to participate, according to the prisoner's 
        specific criminogenic needs; and
          ``(2) information on the best ways that the Bureau of Prisons 
        can tailor the programs to the specific criminogenic needs of 
        each prisoner so as to most effectively lower each prisoner's 
        risk of recidivism.
  ``(c) Housing and Assignment Decisions.--The System shall provide 
guidance on program grouping and housing assignment determinations and, 
after accounting for the safety of each prisoner and other individuals 
at the prison, provide that prisoners with a similar risk level be 
grouped together in housing and assignment decisions to the extent 
practicable.
  ``(d) Evidence-based Recidivism Reduction Program Incentives and 
Productive Activities Rewards.--The System shall provide incentives and 
rewards for prisoners to participate in and complete evidence-based 
recidivism reduction programs as follows:
          ``(1) Phone and visitation privileges.--A prisoner who is 
        successfully participating in an evidence-based recidivism 
        reduction program shall receive--
                  ``(A) phone privileges, or, if available, video 
                conferencing privileges, for up to 30 minutes per day, 
                and up to 510 minutes per month; and
                  ``(B) additional time for visitation at the prison, 
                as determined by the warden of the prison.
          ``(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
                  ``(C) the recommendation from the warden of the 
                prison at which the prisoner is incarcerated at the 
                time of making the request.
          ``(3) Additional policies.--The Director of the Bureau of 
        Prisons shall develop additional policies to provide 
        appropriate incentives for successful participation and 
        completion of evidence-based recidivism reduction programming. 
        Such incentives shall include not less than two of the 
        following:
                  ``(A) Increased commissary spending limits and 
                product offerings.
                  ``(B) Extended opportunities to access the email 
                system.
                  ``(C) Consideration of transfer to preferred housing 
                units (including transfer to different prison 
                facilities).
                  ``(D) Other incentives solicited from prisoners and 
                determined appropriate by the Director.
          ``(4) Time credits.--
                  ``(A) In general.--A prisoner, except for an 
                ineligible prisoner under subparagraph (D), who 
                successfully completes evidence-based recidivism 
                reduction programming or productive activities, shall 
                earn time credits as follows:
                          ``(i) A prisoner shall earn 10 days of time 
                        credits for every 30 days of successful 
                        participation in evidence-based recidivism 
                        reduction programming or productive activities.
                          ``(ii) A prisoner determined by the Bureau of 
                        Prisons to be at a minimum or low risk for 
                        recidivating, who, over two consecutive 
                        assessments, has not increased their risk of 
                        recidivism, shall earn an additional 5 days of 
                        time credits for every 30 days of successful 
                        participation in evidence-based recidivism 
                        reduction programming or productive activities.
                  ``(B) Availability.--A prisoner may not earn time 
                credits under this paragraph for an evidence-based 
                recidivism reduction program that the prisoner 
                successfully completed--
                          ``(i) prior to the date of the enactment of 
                        this Act;
                          ``(ii) during official detention prior to the 
                        date that the prisoner's sentence commences 
                        under section 3585(a); or
                          ``(iii) if that prisoner is an inadmissible 
                        or deportable alien under the immigration laws 
                        (as such term is defined in section 101 of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101)).
                  ``(C) Application of time credits toward pre-release 
                custody.--Time credits earned under this paragraph by 
                prisoners who successfully participate in recidivism 
                reduction programs or productive activities and who 
                have been determined to be at minimum risk or low risk 
                for recidivating pursuant to their last two 
                reassessments shall be applied toward time in pre-
                release custody. The Director of the Bureau of Prisons 
                shall transfer prisoners described in this subparagraph 
                into prerelease custody, except that the Director of 
                the Bureau of Prisons may deny such a transfer if the 
                warden of the prison finds by clear and convincing 
                evidence that the prisoner should not be transferred 
                into prerelease custody based only on evidence of the 
                prisoner's actions after the conviction of such 
                prisoner and not based on evidence from the underlying 
                conviction, and submits a detailed written statement 
                regarding such finding to the Director of the Bureau of 
                Prisons.
                  ``(D) Ineligible prisoners.--A prisoner is ineligible 
                to receive time credits under this paragraph if the 
                prisoner is service a sentence for a conviction under 
                any of the following provisions of law:
                          ``(i) Section 113(a)(1), relating to assault 
                        with intent to commit murder.
                          ``(ii) Section 115, relating to influencing, 
                        impeding, or retaliating against a Federal 
                        official by injuring a family member, except 
                        for a threat made in violation of that section.
                          ``(iii) Any section of chapter 10, relating 
                        to biological weapons.
                          ``(iv) Any section of chapter 11B, relating 
                        to chemical weapons.
                          ``(v) Section 351, relating to Congressional, 
                        Cabinet, and Supreme Court assassination, 
                        kidnapping, and assault.
                          ``(vi) Section 793, relating to gathering, 
                        transmitting, or losing defense information.
                          ``(vii) Section 794, relating to gathering or 
                        delivering defense information to aid a foreign 
                        government.
                          ``(viii) Any section of chapter 39, relating 
                        to explosives and other dangerous articles, 
                        except for section 836 (relating to the 
                        transportation of fireworks into a State 
                        prohibiting sale or use).
                          ``(ix) Section 842(p), relating to 
                        distribution of information relating to 
                        explosive, destructive devices, and weapons of 
                        mass destruction, but only if the conviction 
                        involved a weapon of mass destruction (as 
                        defined in section 2332a(c)(2) of such title).
                          ``(x) Subsection (f)(3), (h), or (i) of 
                        section 844, relating to the use of fire or an 
                        explosive.
                          ``(xi) Section 924(e), relating to unlawful 
                        possession of a firearm by a person with 3 or 
                        more convictions for a violent felony.
                          ``(xii) Section 1030(a)(1), relating to fraud 
                        and related activity in connection with 
                        computers.
                          ``(xiii) Any section of chapter 51, relating 
                        to homicide, except for section 1112 (relating 
                        to manslaughter), 1113 (relating to attempt to 
                        commit murder or manslaughter, but only if the 
                        conviction was for an attempt to commit 
                        manslaughter), 1115 (relating to misconduct or 
                        neglect of ship officers), or 1122 (relating to 
                        protection against the human immunodeficiency 
                        virus).
                          ``(xiv) Any section of chapter 55, relating 
                        to kidnapping.
                          ``(xv) Any offense under chapter 77, relating 
                        to peonage, slavery, and trafficking in 
                        persons, except for sections 1592 through 1596.
                          ``(xvi) Section 1751, relating to 
                        Presidential and Presidential staff 
                        assassination, kidnapping, and assault.
                          ``(xvii) Section 1841(a)(2)(C), relating to 
                        intentionally killing or attempting to kill an 
                        unborn child.
                          ``(xviii) Section 1992, relating to terrorist 
                        attacks and other violence against railroad 
                        carriers and against mass transportation 
                        systems on land, on water, or through the air.
                          ``(xix) Section 2113(e), relating to bank 
                        robbery resulting in death.
                          ``(xx) Section 2118(c)(2), relating to 
                        robberies and burglaries involving controlled 
                        substances resulting in death.
                          ``(xxi) Section 2119(3), relating to taking a 
                        motor vehicle (commonly referred to as 
                        `carjacking') that results in death.
                          ``(xxii) Any section of chapter 105, relating 
                        to sabotage, except for section 2152.
                          ``(xxiii) Any section of chapter 109A, 
                        relating to sexual abuse, except that with 
                        regard to section 2244, only a conviction under 
                        subsection (c) of that section (relating to 
                        abusive sexual contact involving young 
                        children) shall make a prisoner ineligible 
                        under this subparagraph.
                          ``(xxiv) Section 2251, relating to the sexual 
                        exploitation of children.
                          ``(xxv) Section 2251A, relating to the 
                        selling or buying of children.
                          ``(xxvi) Any of paragraphs (1) through (3) of 
                        section 2252(a), relating to certain activities 
                        relating to material involving the sexual 
                        exploitation of minors.
                          ``(xxvii) A second or subsequent conviction 
                        under any of paragraphs (1) through (6) of 
                        section 2252A(a), relating to certain 
                        activities relating to material constituting or 
                        containing child pornography.
                          ``(xxviii) Section 2260, relating to the 
                        production of sexually explicit depictions of a 
                        minor for importation into the United States.
                          ``(xxix) Section 2283, relating to the 
                        transportation of explosive, biological, 
                        chemical, or radioactive or nuclear materials.
                          ``(xxx) Section 2284, relating to the 
                        transportation of terrorists.
                          ``(xxxi) Section 2291, relating to the 
                        destruction of a vessel or maritime facility, 
                        but only if the conduct which led to the 
                        conviction involved a substantial risk of death 
                        or serious bodily injury.
                          ``(xxxii) Any section of chapter 113B, 
                        relating to terrorism.
                          ``(xxxiii) Section 2340A, relating to 
                        torture.
                          ``(xxxiv) Section 2381, relating to treason.
                          ``(xxxv) Section 2442, relating to the 
                        recruitment or use of child soldiers.
                          ``(xxxvi) Section 57(b) of the Atomic Energy 
                        Act of 1954 (42 U.S.C. 2077(b)), relating to 
                        the engagement or participation in the 
                        development or production of special nuclear 
                        material.
                          ``(xxxvii) Section 92 of the Atomic Energy 
                        Act of 1954 (42 U.S.C. 2122), relating to 
                        prohibitions governing atomic weapons.
                          ``(xxxviii) Section 101 of the Atomic Energy 
                        Act of 1954 (42 U.S.C. 2131), relating to the 
                        atomic energy license requirement.
                          ``(xxxix) Section 224 or 225 of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2274, 2275), 
                        relating to the communication or receipt of 
                        restricted data.
                          ``(xl) Section 236 of the Atomic Energy Act 
                        of 1954 (42 U.S.C. 2284), relating to the 
                        sabotage of nuclear facilities or fuel.
                          ``(xli) Section 60123(b) of title 49, United 
                        States Code, relating to damaging or destroying 
                        a pipeline facility, but only if the conduct 
                        which led to the conviction involved a 
                        substantial risk of death or serious bodily 
                        injury.
                          ``(xlii) Section 401(a) of the Controlled 
                        Substances Act (21 U.S.C. 841), relating to 
                        manufacturing or distributing a controlled 
                        substance, but only in the case of a conviction 
                        for an offense described in subparagraph (A), 
                        (B), or (C) of subsection (b)(1) of that 
                        section for which death or serious bodily 
                        injury resulted from the use of such substance.
                          ``(xliii) Section 276(a) of the Immigration 
                        and Nationality Act (8 U.S.C. 1326), relating 
                        to the reentry of a removed alien, but only if 
                        the alien is described in paragraph (1) or (2) 
                        of subsection (b) of that section.
                          ``(xliv) Any section of the Export 
                        Administration Act of 1979 (50 U.S.C. App. 2401 
                        et seq.)
                          ``(xlv) Section 206 of the International 
                        Emergency Economic Powers Act (50 U.S.C. 1705).
                          ``(xlvi) Section 601 of the National Security 
                        Act of 1947 (50 U.S.C. 3121), relating to the 
                        protection of identities of certain United 
                        States undercover intelligence officers, 
                        agents, informants, and sources.
                          ``(xlvii) An offense described in section 
                        3559(c)(2)(F), for which the offender was 
                        sentenced to a term of imprisonment of more 
                        than one year, if the offender has a previous 
                        conviction, for which the offender served a 
                        term of imprisonment of more than one year, for 
                        a Federal or State offense, by whatever 
                        designation and wherever committed, consisting 
                        of murder (as described in section 1111), 
                        voluntary manslaughter (as described in section 
                        1112), assault with intent to commit murder (as 
                        described in section 113(a)), aggravated sexual 
                        abuse and sexual abuse (as described in 
                        sections 2241 and 2242), abusive sexual contact 
                        (as described in sections 2244(a)(1) and 
                        (a)(2)), kidnapping (as described in chapter 
                        55), carjacking (as described in section 2119), 
                        arson (as described in section 844(f)(3), (h), 
                        or (i)), or terrorism (as described in chapter 
                        113B).
                          ``(xlviii) Section 2118(c)(2) of title 18, 
                        United States Code, relating to robberies and 
                        burglaries involving controlled substances 
                        resulting in death.
          ``(5) Risk reassessments and level adjustment.--A prisoner 
        who successfully participates in evidence-based recidivism 
        reduction programming or productive activities shall receive 
        periodic risk reassessments not less often than annually, and a 
        prisoner determined to be at a medium or high risk of 
        recidivating and who has less than 5 years until his or her 
        projected release date shall receive more frequent risk 
        reassessments. If the reassessment shows that the prisoner's 
        risk of recidivating or specific needs have changed, the Bureau 
        of Prisons shall update the determination of the prisoner's 
        risk of recidivating or information regarding the prisoner's 
        specific needs and reassign the prisoner to appropriate 
        evidence-based recidivism reduction programming or productive 
        activities based on such changes.
          ``(6) Relation to other incentive programs.--The incentives 
        described in this subsection shall be in addition to any other 
        rewards or incentives for which a prisoner may be eligible.
  ``(e) Penalties.--The Director of the Bureau of Prisons shall develop 
guidelines for the reduction of rewards and incentives earned under 
subsection (e) for prisoners who violate prison rules or evidence-based 
recidivism reduction program or productive activity rules, which shall 
provide--
          ``(1) general levels of violations and resulting reductions;
          ``(2) that any reduction that includes the loss of time 
        credits shall require written notice to the prisoner, shall be 
        limited to time credits that a prisoner earned as of the date 
        of the prisoner's rule violation, and shall not include any 
        future time credits that the prisoner may earn; and
          ``(3) for a procedure to restore time credits that a prisoner 
        lost as a result of a rule violation based on the prisoner's 
        individual progress after the date of the rule violation.
  ``(f) Bureau of Prisons Training.--The Attorney General shall develop 
and implement training programs for Bureau of Prisons officers and 
employees responsible for administering the System, which shall 
include--
          ``(1) initial training to educate officers and employees on 
        how to use the System in an appropriate and consistent manner, 
        as well as the reasons for using the System;
          ``(2) continuing education;
          ``(3) periodic training updates; and
          ``(4) a requirement that such officers and employees 
        demonstrate competence in administering the System, including 
        interrater reliability, on a biannual basis.
  ``(g) Quality Assurance.--In order to ensure that the Bureau of 
Prisons is using the System in an appropriate and consistent manner, 
the Attorney General shall monitor and assess the use of the System, 
which shall include conducting annual audits of the Bureau of Prisons 
regarding the use of the System.

``Sec. 3633. Evidence-based recidivism reduction program and 
                    recommendations

  ``Prior to releasing the System, the Attorney General shall--
          ``(1) review the effectiveness of evidence-based recidivism 
        reduction programs that exist as of the date of the enactment 
        of this subchapter in prisons operated by the Bureau of 
        Prisons;
          ``(2) review available information regarding the 
        effectiveness of evidence-based recidivism reduction programs 
        and productive activities that exist in State-operated prisons 
        throughout the United States;
          ``(3) identify the most effective evidence-based recidivism 
        reduction programs;
          ``(4) review the policies for entering into evidence-based 
        recidivism reduction partnerships described in section 
        3621(h)(5); and
          ``(5) direct the Bureau of Prisons regarding--
                  ``(A) evidence-based recidivism reduction programs;
                  ``(B) the ability for faith-based organizations to 
                function as a provider of educational evidence-based 
                programs outside of the religious classes and services 
                provided through the Chaplaincy; and
                  ``(C) the addition of any new effective evidence-
                based recidivism reduction programs that the Attorney 
                General finds.

``Sec. 3634. Report

  ``Beginning on the date that is two years after the date of the 
enactment of this subchapter, and annually thereafter for a period of 5 
years, the Attorney General shall submit a report to the Committees on 
the Judiciary of the Senate and the House of Representatives and the 
Subcommittees on Commerce, Justice, Science, and Related Agencies of 
the Committees on Appropriations of the Senate and the House of 
Representatives that contains the following:
          ``(1) A summary of the activities and accomplishments of the 
        Attorney General in carrying out this Act.
          ``(2) A summary and assessment of the types and effectiveness 
        of the evidence-based recidivism reduction programs and 
        productive activities in prisons operated by the Bureau of 
        Prisons, including--
                  ``(A) evidence about which programs have been shown 
                to reduce recidivism;
                  ``(B) the capacity of each program and activity at 
                each prison, including the number of prisoners along 
                with the recidivism risk of each prisoner enrolled in 
                each program; and
                  ``(C) identification of any gaps or shortages in 
                capacity of such programs and activities.
          ``(3) Rates of recidivism among individuals who have been 
        released from Federal prison, based on the following criteria:
                  ``(A) The primary offense of conviction.
                  ``(B) The length of the sentence imposed and served.
                  ``(C) The Bureau of Prisons facility or facilities in 
                which the prisoner's sentence was served.
                  ``(D) The evidence-based recidivism reduction 
                programming that the prisoner successfully completed, 
                if any.
                  ``(E) The prisoner's assessed and reassessed risk of 
                recidivism.
                  ``(F) The productive activities that the prisoner 
                successfully completed, if any.
          ``(4) The status of prison work programs at facilities 
        operated by the Bureau of Prisons, including--
                  ``(A) a strategy to expand the availability of such 
                programs without reducing job opportunities for workers 
                in the United States who are not in the custody of the 
                Bureau of Prisons, including the feasibility of 
                prisoners manufacturing products purchased by Federal 
                agencies that are manufactured overseas;
                  ``(B) an assessment of the feasibility of expanding 
                such programs, consistent with the strategy required 
                under subparagraph (A), with the goal that 5 years 
                after the date of enactment of this Act, not less than 
                75 percent of eligible minimum and low risk offenders 
                have the opportunity to participate in a prison work 
                program for not less than 20 hours per week; and
                  ``(C) a detailed discussion of legal authorities that 
                would be useful or necessary to achieve the goals 
                described in subparagraphs (A) and (B).
          ``(5) An assessment of the Bureau of Prisons' compliance with 
        section 3621(h).
          ``(6) An assessment of progress made toward carrying out the 
        purposes of this subchapter, including any savings associated 
        with--
                  ``(A) the transfer of prisoners into prerelease 
                custody under section 3624(g) including savings 
                resulting from the avoidance or deferral of future 
                construction, acquisition, and operations costs; and
                  ``(B) any decrease in recidivism that may be 
                attributed to the System or the increase in evidence-
                based recidivism reduction programs required under 
                chapter.
          ``(7) Recommendations for how to reinvest any savings into 
        other Federal, State, and local law enforcement activities and 
        evidence-based recidivism reduction programs in the Bureau of 
        Prisons.

``Sec. 3635. Definitions

  ``In this subchapter the following definitions apply:
          ``(1) Evidence-based recidivism reduction program.--The term 
        `evidence-based recidivism reduction program' means either a 
        group or individual activity that--
                  ``(A) has been shown by empirical evidence to reduce 
                recidivism or is based on research indicating that it 
                is likely to be effective in reducing recidivism;
                  ``(B) is designed to help prisoners succeed in their 
                communities upon release from prison; and
                  ``(C) may include--
                          ``(i) social learning and communication, 
                        interpersonal, anti-bullying, rejection 
                        response, and other life skills;
                          ``(ii) family relationship building, 
                        structured parent-child interaction, and 
                        parenting skills;
                          ``(iii) classes on morals or ethics;
                          ``(iv) academic classes;
                          ``(v) cognitive behavioral treatment;
                          ``(vi) mentoring;
                          ``(vii) substance abuse treatment;
                          ``(viii) vocational training;
                          ``(ix) faith-based classes or services;
                          ``(x) civic engagement and reintegrative 
                        community services;
                          ``(xi) a prison job, including through a 
                        prison work program;
                          ``(xii) victim impact classes or other 
                        restorative justice programs; and
                          ``(xiii) trauma counseling and trauma-
                        informed support programs.
          ``(2) Prisoner.--The term `prisoner' means a person who has 
        been sentenced to a term of imprisonment pursuant to a 
        conviction for a Federal criminal offense, or a person in the 
        custody of the Bureau of Prisons.
          ``(3) Risk and needs assessment tool.--The term `risk and 
        needs assessment tool' means an objective and statistically 
        validated method through which information is collected and 
        evaluated to determine--
                  ``(A) the risk that a prisoner will recidivate upon 
                release from prison; and
                  ``(B) the recidivism reduction programs that will 
                best minimize the risk that the prisoner will 
                recidivate upon release from prison.
          ``(4) Productive activity.--The term `productive activity' 
        means either a group or individual activity that is designed to 
        allow prisoners determined as having a low or no risk of 
        recidivating to remain productive and thereby maintain a 
        minimum or low risk of recidivating, and may include the 
        delivery of the programs described in paragraph (1) to other 
        prisoners.''.
  (b) Clerical Amendment.--The table of subchapters for chapter 229 of 
title 18, United States Code, is amended by adding at the end the 
following:

``D. Risk and Needs Assessment System.......................    3631''.

SEC. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY BUREAU OF 
                    PRISONS.

  (a) Implementation of System Generally.--Section 3621 of title 18, 
United States Code, is amended by adding at the end the following:
  ``(h)  Implementation of Risk and Needs Assessment System.--
          ``(1) In general.--Not later than 180 days after the Attorney 
        General completes and releases the risk and needs assessment 
        system (referred to in this subsection as the `System') 
        developed under subchapter D, the Director of the Bureau of 
        Prisons shall, in accordance with that subchapter--
                  ``(A) implement and complete the initial intake risk 
                and needs assessment for each prisoner (including for 
                each prisoner who was a prisoner prior the effective 
                date of this subsection), regardless of the prisoner's 
                length of imposed term of imprisonment, and begin to 
                assign prisoners to appropriate evidence-based 
                recidivism reduction programs based on that 
                determination;
                  ``(B) begin to expand the effective evidence-based 
                recidivism reduction programs and productive activities 
                it offers and add any new evidence-based recidivism 
                reduction programs and productive activities necessary 
                to effectively implement the System; and
                  ``(C) begin to implement the other risk and needs 
                assessment tools necessary to effectively implement the 
                System over time, while prisoners are participating in 
                and completing the effective evidence-based recidivism 
                reduction programs and productive activities.
          ``(2) Phase-in.--In order to carry out paragraph (1), so that 
        every prisoner has the opportunity to participate in and 
        complete the type, amount, and intensity of evidence-based 
        recidivism reduction programs or productive activities they 
        need, and be reassessed for recidivism risk as necessary to 
        effectively implement the System, the Bureau of Prisons shall--
                  ``(A) provide such evidence-based recidivism 
                reduction programs and productive activities for all 
                prisoners before the date that is 2 years after the 
                date on which the Bureau of Prisons completes a risk 
                and needs assessment for each prisoner under paragraph 
                (1)(A); and
                  ``(B) develop and validate the risk and needs 
                assessment tool to be used in the reassessments of risk 
                of recidivism, while prisoners are participating in and 
                completing evidence-based recidivism reduction programs 
                and productive activities.
          ``(3) Priority during phase-in.--During the 2-year period 
        described in paragraph (2)(A), the priority for such programs 
        and activities shall be accorded based on a prisoner's 
        proximity to release date.
          ``(4) Preliminary expansion of evidence-based recidivism 
        reduction programs and authority to use incentives.--Beginning 
        on the date of the enactment of the FIRST STEP Act, the Bureau 
        of Prisons may begin to expand any evidence-based recidivism 
        reduction programs and productive activities that exist at a 
        prison as of such date, and may offer to prisoners who 
        successfully participate in such programs and activities the 
        incentives and rewards described in subchapter D.
          ``(5) Recidivism reduction partnerships.--In order to expand 
        evidence-based recidivism reduction programs and productive 
        activities, the Attorney General shall develop policies for the 
        warden of each prison of the Bureau of Prisons to enter into 
        partnerships, subject to the availability of appropriations, 
        with any of the following:
                  ``(A) Nonprofit and other private organizations, 
                including faith-based, art, and community-based 
                organizations that will deliver recidivism reduction 
                programming on a paid or volunteer basis.
                  ``(B) Institutions of higher education (as defined in 
                section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001) that will deliver instruction on a paid or 
                volunteer basis.
                  ``(C) Private entities that will--
                          ``(i) deliver vocational training and 
                        certifications;
                          ``(ii) provide equipment to facilitate 
                        vocational training or employment opportunities 
                        for prisoners;
                          ``(iii) employ prisoners; or
                          ``(iv) assist prisoners in prerelease custody 
                        or supervised release in finding employment.
                  ``(D) Industry-sponsored organizations that will 
                deliver workforce development and training, on a paid 
                or volunteer basis.
          ``(6) Requirement to provide programs to all prisoners; 
        priority.--The Director of the Bureau of Prisons shall provide 
        all prisoners with the opportunity actively participate in 
        evidence-based recidivism reduction programs or productive 
        activities, according to their specific criminogenic needs, 
        throughout their entire term of incarceration. Priority for 
        participation in recidivism reduction programs shall be given 
        to medium-risk and high-risk prisoners, with access to 
        productive activities given to minimum-risk and low-risk 
        prisoners.
          ``(7) Definitions.--The terms in this subsection have the 
        meaning given those terms in section 3635.''.
  (b) Prerelease Custody.--
          (1) In general.--Section 3624 of title 18, United States 
        Code, is amended--
                  (A) in subsection (b)(1)--
                          (i) by striking ``, beyond the time served, 
                        of up to 54 days at the end of each year of the 
                        prisoner's term of imprisonment, beginning at 
                        the end of the first year of the term,'' and 
                        inserting ``of up to 54 days for each year of 
                        the prisoner's sentence imposed by the 
                        court,'';
                          (ii) by striking ``credit for the last year 
                        or portion of a year of the term of 
                        imprisonment shall be prorated and credited 
                        within the last six weeks of the sentence'' and 
                        inserting ``credit for the last year of a term 
                        of imprisonment shall be credited on the first 
                        day of the last year of the term of 
                        imprisonment''; and
                  (B) by adding at the end the following:
  ``(g) Prerelease Custody for Risk and Needs Assessment System 
Participants.--
          ``(1) Eligible prisoners.--This subsection applies in the 
        case of a prisoner (as such term is defined in section 3635) 
        who--
                  ``(A) has earned time credits under the risk and 
                needs assessment system developed under subchapter D 
                (referred to in this subsection as the `System') in an 
                amount that is equal to the remainder of the prisoner's 
                imposed term of imprisonment;
                  ``(B) has shown through the periodic risk 
                reassessments a demonstrated recidivism risk reduction 
                or has maintained a minimum or low recidivism risk, 
                during the prisoner's term of imprisonment;
                  ``(C) has been classified by the warden of the prison 
                as otherwise qualified to be transferred into 
                prerelease custody; and
                  ``(D)(i) has been determined under the System to be a 
                minimum or low risk to recidivate; or
                  ``(ii) has had a petition to be transferred to 
                prerelease custody approved by the warden of the 
                prison, after the warden's determination that--
                          ``(I) the prisoner would not be a danger to 
                        society if transferred to prerelease custody;
                          ``(II) the prisoner has made a good faith 
                        effort to lower their recidivism risk through 
                        participation in recidivism reduction programs 
                        or productive activities;
                          ``(III) the prisoner is unlikely to 
                        recidivate; and
                          ``(IV) the transfer of the prisoner to 
                        prerelease custody is otherwise appropriate.
          ``(2) Types of prerelease custody.--A prisoner shall be 
        placed in prerelease custody as follows:
                  ``(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 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; or
                                          ``(ff) attend religious 
                                        activities; and
                                  ``(III) comply with such other 
                                conditions as the Director determines 
                                appropriate.
                          ``(ii) Alternate means of monitoring.--If the 
                        electronic monitoring of a prisoner described 
                        in clause (i)(I) is infeasible for technical or 
                        religious reasons, the Director of the Bureau 
                        of Prisons may use alternative means of 
                        monitoring a prisoner placed in home 
                        confinement that the Director determines are as 
                        effective or more effective than the electronic 
                        monitoring described in clause (i)(I).
                          ``(iii) Modifications.--The Director of the 
                        Bureau of Prisons may modify the conditions 
                        described in clause (i) if the Director 
                        determines that a compelling reason exists to 
                        do so, and that the prisoner has demonstrated 
                        exemplary compliance with such conditions.
                          ``(iv) 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.
                  ``(B) Residential reentry center.--A prisoner placed 
                in prerelease custody pursuant to this subsection who 
                is placed at a residential reentry center shall be 
                subject to such conditions as the Director of the 
                Bureau of Prisons determines appropriate.
          ``(3) Determination of conditions.--In determining 
        appropriate conditions for prisoners placed in prerelease 
        custody pursuant to this subsection, the Director of the Bureau 
        of Prisons shall, to the extent practicable, provide that 
        increasingly less restrictive conditions shall be imposed on 
        prisoners who demonstrate continued compliance with the 
        conditions of such prerelease custody, so as to most 
        effectively prepare such prisoners for reentry.
          ``(4) Violations of conditions.--If a prisoner violates a 
        condition of the prisoner's prerelease custody, the Director of 
        the Bureau of Prisons may impose such additional conditions on 
        the prisoner's prerelease custody as the Director of the Bureau 
        of Prisons determines appropriate, or revoke the prisoner's 
        prerelease custody and require the prisoner to serve the 
        remainder of the term of imprisonment to which the prisoner was 
        sentenced, or any portion thereof, in prison.
          ``(5) Issuance of guidelines.--The Attorney General, in 
        consultation with the Assistant Director for the Office of 
        Probation and Pretrial Services, shall issue guidelines, for 
        use by the Bureau of Prisons in determining--
                  ``(A) the appropriate type of prerelease custody and 
                level of supervision for a prisoner placed on 
                prerelease custody pursuant to this subsection; and
                  ``(B) consequences for a violation of a condition of 
                such prerelease custody by such a prisoner, including a 
                return to prison and a reassessment of evidence-based 
                recidivism risk level under the System.
          ``(6) Agreements with united states probation and pretrial 
        services.--The Director of the Bureau of Prisons shall, to the 
        greatest extent practicable, enter into agreements with United 
        States Probation and Pretrial Services to supervise prisoners 
        placed in home confinement or community supervision under this 
        subsection. Such agreements shall--
                  ``(A) authorize United States Probation and Pretrial 
                Services to exercise the authority granted to the 
                Director pursuant to paragraphs (3) and (4); and
                  ``(B) take into account the resource requirements of 
                United States Probation and Pretrial Services as a 
                result of the transfer of Bureau of Prisons prisoners 
                to prerelease custody.
          ``(7) Assistance.--United States Probation and Pretrial 
        Services shall, to the greatest extent practicable, offer 
        assistance to any prisoner not under its supervision during 
        prerelease custody under this subsection.
          ``(8) Mentoring services.--Any prerelease custody into which 
        a prisoner is placed under this subsection may not include a 
        condition prohibiting the prisoner from receiving mentoring 
        services from a person who provided such services to the 
        prisoner while the prisoner was incarcerated, except that the 
        warden of the facility at which the prisoner was incarcerated 
        may waive the requirement under this paragraph if the warden 
        finds that the provision of such services would pose a 
        significant security risk to the prisoner, persons who provide 
        such services, or any other person. The warden shall provide 
        written notice of any such waiver to the person providing 
        mentoring services and to the prisoner.
          ``(9) Time limits inapplicable.--The time limits under 
        subsections (b) and (c) shall not apply to prerelease custody 
        under this subsection.
  ``(h) Alien Prisoners Subject to Deportation.--If a prisoner who is 
placed in prerelease custody is an alien whose deportation was ordered 
as a condition of such prerelease custody or who is subject to a 
detainer filed by United States Immigration and Customs Enforcement for 
the purposes of determining the alien's deportability, United States 
Immigration and Customs Enforcement shall take custody of the alien 
upon the alien's transfer to prerelease custody.''.
          (2) Effective date.--The amendments made by this subsection 
        shall take effect beginning on the date that the Attorney 
        General completes and releases the risk and needs assessment 
        system under subchapter D of chapter 229 of title 18, United 
        States Code.
          (3) Applicability.--The amendments made by this subsection 
        shall apply with respect to offenses committed before, on, or 
        after the date of the enactment of this Act, except that such 
        amendments shall not apply with respect to offenses committed 
        before November 1, 1987.

SEC. 103. GAO REPORT.

  Not later than 2 years after the Director of the Bureau of Prisons 
implements the risk and needs assessment system under section 3621 of 
title 18, United States Code, and every 2 years thereafter, the 
Comptroller General of the United States shall conduct an audit of the 
use of the risk and needs assessment system at Bureau of Prisons 
facilities. The audit shall include analysis of the following:
          (1) Whether inmates are being assessed under the risk and 
        needs assessment system with the frequency required under such 
        section 3621.
          (2) Whether the Bureau of Prisons is able to offer recidivism 
        reduction programs and productive activities (as such terms are 
        defined in section 3635 of title 18, United States Code).
          (3) Whether the Bureau of Prisons is offering the type, 
        amount, and intensity of recidvism reduction programs and 
        productive activities for prisoners to earn the maximum amount 
        of time credits for which they are eligible.
          (4) Whether the Attorney General is carrying out the duties 
        under section 3631(b) of title 18, United States Code.
          (5) Whether officers and employees of the Bureau of Prisons 
        are receiving the training described in section 3236(f) of 
        title 18, United States Code.
          (6) Whether the Bureau of Prisons offers work assignments to 
        all prisoners who might benefit from such an assignment.
          (7) Whether the Bureau of Prisons transfers prisoners to 
        prerelease custody as soon as they are eligible for such a 
        transfer under section 3624(g) of title 18, United States Code.
          (8) The rates of recidivism among similarly classified 
        prisoners to identify any unwarranted disparities, including 
        disparities among similarly classified prisoners of different 
        demographic groups, in such rates.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to carry out 
this title $50,000,000 for each of fiscal years 2019 through 2023. Of 
the amount appropriated under this subsection, 80 percent shall be 
reserved for use by the Director of the Bureau of Prisons to implement 
the system under section 102 and the amendments made by that section.
  (b) Savings.--Any savings associated with reductions in recidivism 
that result from this title should be reinvested--
          (1) into evidence-based recidivism reduction programs offered 
        by the Bureau of Prisons; and
          (2) into ensuring eligible prisoners have access to such 
        programs and productive activities offered by the Bureau of 
        Prisons.

SEC. 105. RULE OF CONSTRUCTION.

  Nothing in this Act, or the amendments made by this Act, may be 
construed to provide authority to place a prisoner in prerelease 
custody who is serving a term of imprisonment pursuant to a conviction 
for an offense under the laws of one of the 50 States, or of a 
territory or possession of the United States.

SEC. 106. FAITH-BASED CONSIDERATIONS.

  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.

          TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Lieutenant Osvaldo Albarati 
Correctional Officer Self-Protection Act of 2018''.

SEC. 202. SECURE FIREARMS STORAGE.

  (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 4050. Secure firearms storage

  ``(a) Definitions.--In this section--
          ``(1) the term `employee' means a qualified law enforcement 
        officer employed by the Bureau of Prisons; and
          ``(2) the terms `firearm' and `qualified law enforcement 
        officer' have the meanings given those terms under section 
        926B.
  ``(b) Secure Firearms Storage.--The Director of the Bureau of Prisons 
shall ensure that each chief executive officer of a Federal penal or 
correctional institution--
          ``(1)(A) provides a secure storage area located outside of 
        the secure perimeter of the institution for employees to store 
        firearms; or
          ``(B) allows employees to store firearms in a vehicle lockbox 
        approved by the Director of the Bureau of Prisons; and
          ``(2) notwithstanding any other provision of law, allows 
        employees to carry concealed firearms on the premises outside 
        of the secure perimeter of the institution.''.
  (b) Technical and Conforming Amendment.--The table of sections for 
chapter 303 of title 18, United States Code, as amended by this Act, is 
further amended by adding at the end the following:

``4050. Secure firearms storage.''.

         TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD OF PREGNANCY 
                    AND POSTPARTUM RECOVERY PROHIBITED.

  (a) In General.--Chapter 317 of title 18, United States Code, is 
amended by inserting after section 4321 the following:

``Sec. 4322. Use of restraints on prisoners during the period of 
                    pregnancy, labor, and postpartum recovery 
                    prohibited

  ``(a) Prohibition.--Except as provided in subsection (b), beginning 
on the date on which pregnancy is confirmed by a healthcare 
professional, and ending at the conclusion of postpartum recovery, a 
prisoner in the custody of the Bureau of Prisons, or in the custody of 
the United States Marshals Service pursuant to section 4086, shall not 
be placed in restraints.
  ``(b) Exceptions.--
          ``(1) In general.--The prohibition under subsection (a) shall 
        not apply if--
                  ``(A) an appropriate corrections official, or a 
                United States marshal, as applicable, makes a 
                determination that the prisoner--
                          ``(i) is an immediate and credible flight 
                        risk that cannot reasonably be prevented by 
                        other means; or
                          ``(ii) poses an immediate and serious threat 
                        of harm to herself or others that cannot 
                        reasonably be prevented by other means; or
                  ``(B) a health care professional responsible for the 
                health and safety of the prisoner determines that the 
                use of restraints is appropriate for the medical safety 
                of the prisoner.
          ``(2) Least restrictive restraints.--In the case that 
        restraints are used pursuant to an exception under paragraph 
        (1), only the least restrictive restraints necessary to prevent 
        the harm or risk of escape described in paragraph (1) may be 
        used.
          ``(3) Application.--
                  ``(A) In general.--The exceptions under paragraph (1) 
                may not be applied--
                          ``(i) to place restraints around the ankles, 
                        legs, or waist of a prisoner;
                          ``(ii) to restrain a prisoner's hands behind 
                        her back;
                          ``(iii) to restrain a prisoner using four-
                        point restraints; or
                          ``(iv) to attach a prisoner to another 
                        prisoner.
                  ``(B) Medical request.--Notwithstanding paragraph 
                (1), upon the request of a healthcare professional who 
                is responsible for the health and safety of a prisoner, 
                a corrections official or United States marshal, as 
                applicable, shall refrain from using restraints on the 
                prisoner or remove restraints used on the prisoner.
  ``(c) Reports.--
          ``(1) Report to the director and healthcare professional.--If 
        a corrections official or United States marshal uses restraints 
        on a prisoner under subsection (b)(1), that official or marshal 
        shall submit, not later than 30 days after placing the prisoner 
        in restraints, to the Director of the Bureau of Prisons or the 
        Director of the United States Marshals Service, as applicable, 
        and to the healthcare professional responsible for the health 
        and safety of the prisoner, a written report which describes 
        the facts and circumstances surrounding the use of restraints, 
        and includes--
                  ``(A) the reasoning upon which the determination to 
                use restraints was made;
                  ``(B) the details of the use of restraints, including 
                the type of restraints used and length of time during 
                which restraints were used; and
                  ``(C) any resulting physical effects on the prisoner 
                observed by or known to the corrections official or 
                United States marshal, as applicable.
          ``(2) Supplemental report to the director.--Upon receipt of a 
        report under subsection (c)(1), the healthcare professional 
        responsible for the health and safety of the prisoner may 
        submit to the Director such information as the healthcare 
        professional determines is relevant to the use of restraints on 
        the prisoner.
          ``(3) Report to judiciary committees.--
                  ``(A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Director of the Bureau of Prisons and the Director 
                of the United States Marshals Service shall each submit 
                to the Judiciary Committee of the Senate and of the 
                House of Representatives a report that certifies 
                compliance with this section and includes the 
                information required to be reported under paragraph 
                (1).
                  ``(B) Personally identifiable information.--The 
                report under this paragraph shall not contain any 
                personally identifiable information of any prisoner.
  ``(d) Notice.--Not later than 48 hours after the confirmation of a 
prisoner's pregnancy by a health care professional, that prisoner shall 
be notified by an appropriate health care professional, corrections 
official, or United States marshal, as applicable, of the restrictions 
on the use of restraints under this section.
  ``(e) Violation Reporting Process.--The Director of the Bureau of 
Prisons, in consultation with the Director of the United States 
Marshals Service, shall establish a process through which a prisoner 
may report a violation of this section.
  ``(f) Training.--
          ``(1) In general.--The Director of the Bureau of Prisons and 
        the Director of the United States Marshals Service shall each 
        develop training guidelines regarding the use of restraints on 
        female prisoners during the period of pregnancy, labor, and 
        postpartum recovery, and shall incorporate such guidelines into 
        appropriate training programs. Such training guidelines shall 
        include--
                  ``(A) how to identify certain symptoms of pregnancy 
                that require immediate referral to a health care 
                professional;
                  ``(B) circumstances under which the exceptions under 
                subsection (b) would apply;
                  ``(C) in the case that an exception under subsection 
                (b) applies, how to apply restraints in a way that does 
                not harm the prisoner, the fetus, or the neonate;
                  ``(D) the information required to be reported under 
                subsection (c); and
                  ``(E) the right of a health care professional to 
                request that restraints not be used, and the 
                requirement under subsection (b)(3)(B) to comply with 
                such a request.
          ``(2) Development of guidelines.--In developing the 
        guidelines required by paragraph (1), the Directors shall each 
        consult with health care professionals with expertise in caring 
        for women during the period of pregnancy and postpartum 
        recovery.
  ``(g) Definitions.--For purposes of this section:
          ``(1) The term `postpartum recovery' means the twelve-week 
        period, or longer as determined by the healthcare professional 
        responsible for the health and safety of the prisoner, 
        following delivery, and shall include the entire period that 
        the prisoner is in the hospital or infirmary.
          ``(2) The term `restraints' means any physical or mechanical 
        device used to control the movement of a prisoner's body, 
        limbs, or both.
          ``(3) The term `prisoner' means a person who has been 
        sentenced to a term of imprisonment pursuant to a conviction 
        for a Federal criminal offense, or a person in the custody of 
        the Bureau of Prisons, including a person in a Bureau of 
        Prisons contracted facility.''.
  (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 317 of title 18, United States Code, is amended by adding after 
the item relating to section 4321 the following:

``4322. Use of restraints on prisoners during the period of pregnancy, 
labor, and postpartum recovery prohibited.''.

                TITLE IV--MISCELLANEOUS CRIMINAL JUSTICE

SEC. 401. PLACEMENT OF PRISONERS CLOSE TO FAMILIES.

  Subsection (b) of section 3621 of title 18, United States Code, is 
amended by striking ``shall designate the place of the prisoner's 
imprisonment.'' and inserting ``shall designate the place of the 
prisoner's imprisonment, and shall, subject to bed availability, the 
prisoner's security designation, the prisoner's programmatic needs, and 
the prisoner's mental and medical health needs, place the prisoner in a 
facility as close as practicable to the prisoner's primary residence, 
but, in any case, not more than 500 driving miles from the prisoner's 
primary residence. Subject to bed availability and the prisoner's 
security designation, the Bureau shall transfer prisoners to facilities 
that are closer to the prisoner's primary residence even if the 
prisoner is already in a facility within 500 driving miles of that 
residence, unless the prisoner chooses to remain at his or her current 
facility.''.

SEC. 402. HOME CONFINEMENT FOR LOW RISK PRISONERS.

  Section 3624(c)(2) of title 18, United States Code, is amended by 
adding at the end the following: ``The Bureau of Prisons shall, to the 
extent practicable, place prisoners with lower risk levels and lower 
needs on home confinement for the maximum amount of time permitted 
under this paragraph.''.

SEC. 403. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION; 
                    MODIFICATION OF IMPOSED TERM OF IMPRISONMENT.

  (a) Federal Prisoner Reentry Initiative Reauthorization.--Section 
231(g) of the Second Chance Act of 2007 (34 U.S.C. 60541(g)) is 
amended--
          (1) in paragraph (1)--
                  (A) by inserting ``and eligible terminally ill 
                offenders'' after ``elderly offenders'' each place the 
                term appears; and
                  (B) in subparagraph (B), by inserting ``, upon 
                written request from either the Bureau of Prisons or an 
                eligible elderly offender or eligible terminally ill 
                offender'' after ``to home detention'';
          (2) in paragraph (2), by inserting ``or eligible terminally 
        ill offender'' after ``elderly offender'';
          (3) in paragraph (3)--
                  (A) by striking ``at least one Bureau of Prisons 
                facility'' and inserting ``Bureau of Prisons 
                facilities''; and
                  (B) by striking ``and shall be carried out during 
                fiscal years 2009 and 2010'' and inserting ``and shall 
                be carried out during fiscal years 2019 through 2022'';
          (4) in paragraph (4)--
                  (A) by inserting ``or eligible terminally ill 
                offender'' after ``each eligible elderly offender''; 
                and
                  (B) by inserting ``and eligible terminally ill 
                offenders'' after ``eligible elderly offenders''; and
          (5) in paragraph (5)--
                  (A) in subparagraph (A)--
                          (i) in clause (i), striking ``65 years of 
                        age'' and inserting ``60 years of age'';
                          (ii) in clause (ii)--
                                  (I) by striking ``the greater of 10 
                                years or''; and
                                  (II) by striking ``75 percent'' and 
                                inserting ``\2/3\''; and
                          (iii) in clause (vii), by inserting before 
                        the period at the end the following: ``, and 
                        beginning on the date that is 2 years after the 
                        date on which the Bureau of Prisons has 
                        completed the initial intake risk and needs 
                        assessment for each prisoner under section 
                        3621(h)(1)(A) of title 18, United States Code, 
                        has been determined to have a minimum or low 
                        risk of recidivism based on 2 consecutive 
                        assessments described in such section 3621''; 
                        and
                  (B) by adding at the end the following:
                  ``(D) Eligible terminally ill offender.--The term 
                `eligible terminally ill offender' means an offender in 
                the custody of the Bureau of Prisons who--
                          ``(i) is serving a term of imprisonment based 
                        on conviction for an offense or offenses that 
                        do not include any crime of violence (as 
                        defined in section 16(a) of title 18, United 
                        States Code), sex offense (as defined in 
                        section 111(5) of the Sex Offender Registration 
                        and Notification Act (34 U.S.C. 20911(5))), 
                        offense described in section 2332b(g)(5)(B) of 
                        title 18, United States Code, or offense under 
                        chapter 37 of title 18, United States Code;
                          ``(ii) satisfies the criteria specified in 
                        clauses (iii) through (vii) of subparagraph 
                        (A); and
                          ``(iii) has been determined by a medical 
                        doctor approved by the Bureau of Prisons to 
                        be--
                                  ``(I) in need of care at a nursing 
                                home, intermediate care facility, or 
                                assisted living facility, as those 
                                terms are defined in section 232 of the 
                                National Housing Act (12 U.S.C. 1715w); 
                                or
                                  ``(II) diagnosed with a terminal 
                                illness.''.
  (b) Increasing the Use and Transparency of Compassionate Release.--
Section 3582 of title 18, United States Code, is amended--
          (1) in subsection (c)(1)(A), in the matter preceding clause 
        (i), by inserting after ``Bureau of Prisons,'' the following: 
        ``or upon motion of the defendant after the defendant has fully 
        exhausted all administrative rights to appeal a failure of the 
        Bureau of Prisons to bring a motion on the defendant's behalf 
        or the lapse of 30 days from the receipt of such a request by 
        the warden of the defendant's facility, whichever is 
        earlier,'';
          (2) by redesignating subsection (d) as subsection (e); and
          (3) by inserting after subsection (c) the following:
  ``(d) Notification Requirements.--
          ``(1) Terminal illness defined.--In this subsection, the term 
        `terminal illness' means a disease or condition with an end-of-
        life trajectory.
          ``(2) Notification.--The Bureau of Prisons shall, subject to 
        any applicable confidentiality requirements--
                  ``(A) in the case of a defendant diagnosed with a 
                terminal illness--
                          ``(i) not later than 72 hours after the 
                        diagnosis notify the defendant's attorney, 
                        partner, and family members of the defendant's 
                        condition and inform the defendant's attorney, 
                        partner, and family members that they may 
                        prepare and submit on the defendant's behalf a 
                        request for a sentence reduction pursuant to 
                        subsection (c)(1)(A);
                          ``(ii) not later than 7 days after the date 
                        of the diagnosis, provide the defendant's 
                        partner and family members (including extended 
                        family) with an opportunity to visit the 
                        defendant in person;
                          ``(iii) upon request from the defendant or 
                        his attorney, partner, or a family member, 
                        ensure that Bureau of Prisons employees assist 
                        the defendant in the preparation, drafting, and 
                        submission of a request for a sentence 
                        reduction pursuant to subsection (c)(1)(A); and
                          ``(iv) not later than 14 days of receipt of a 
                        request for a sentence reduction submitted on 
                        the defendant's behalf by the defendant or the 
                        defendant's attorney, partner, or family 
                        member, process the request;
                  ``(B) in the case of a defendant who is physically or 
                mentally unable to submit a request for a sentence 
                reduction pursuant to subsection (c)(1)(A)--
                          ``(i) inform the defendant's attorney, 
                        partner, and family members that they may 
                        prepare and submit on the defendant's behalf a 
                        request for a sentence reduction pursuant 
                        subsection (c)(1)(A);
                          ``(ii) accept and process a request for 
                        sentence reduction that has been prepared and 
                        submitted on the defendant's behalf by the 
                        defendant's attorney, partner, or family member 
                        under clause (i); and
                          ``(iii) upon request from the defendant or 
                        his attorney, partner, or family member, ensure 
                        that Bureau of Prisons employees assist the 
                        defendant in the preparation, drafting, and 
                        submission of a request for a sentence 
                        reduction pursuant subsection (c)(1)(A); and
                  ``(C) ensure that all Bureau of Prisons facilities 
                regularly and visibly post, including in prisoner 
                handbooks, staff training materials, and facility law 
                libraries and medical and hospice facilities, and make 
                available to prisoners upon demand, notice of--
                          ``(i) a defendant's ability to request a 
                        sentence reduction pursuant to subsection 
                        (c)(1)(A);
                          ``(ii) the procedures and timelines for 
                        initiating and resolving requests described in 
                        clause (i); and
                          ``(iii) the right to appeal a denial of a 
                        request described in clause (i) after all 
                        administrative rights to appeal within the 
                        Bureau of Prisons have been exhausted.
          ``(3) Annual report.--Not later than 1 year after the date of 
        enactment of this subsection, and once every year thereafter, 
        the Director of the Bureau of Prisons shall submit to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives a report on 
        requests for sentence reductions pursuant to subsection 
        (c)(1)(A), which shall include a description of, for the 
        previous year--
                  ``(A) the number of prisoners granted and denied 
                sentence reductions, categorized by the criteria relied 
                on as the grounds for a reduction in sentence;
                  ``(B) the number of requests initiated by or on 
                behalf of prisoners, categorized by the criteria relied 
                on as the grounds for a reduction in sentence;
                  ``(C) the number of requests which Bureau of Prisons 
                employees assisted prisoners in drafting, preparing, or 
                submitting, categorized by the criteria relied on as 
                the grounds for a reduction in sentence, and the final 
                decision made in each request;
                  ``(D) the number of requests which attorneys, 
                partners, or family members submitted on a defendant's 
                behalf, categorized by the criteria relied on as the 
                grounds for a reduction in sentence, and the final 
                decision made in each request;
                  ``(E) the number of requests approved by the Director 
                of the Bureau of Prisons, categorized by the criteria 
                relied on as the grounds for a reduction in sentence;
                  ``(F) the number of requests denied by the Director 
                of the Bureau of Prisons and the reasons given for each 
                denial, categorized by the criteria relied on as the 
                grounds for a reduction in sentence;
                  ``(G) for each request, the time elapsed between the 
                date the request was received by the warden and the 
                final decision, categorized by the criteria relied on 
                as the grounds for a reduction in sentence;
                  ``(H) for each request, the number of prisoners who 
                died while their request was pending and, for each, the 
                amount of time that had elapsed between the date the 
                request was received by the Bureau of Prisons, 
                categorized by the criteria relied on as the grounds 
                for a reduction in sentence;
                  ``(I) the number of Bureau of Prisons notifications 
                to attorneys, partners, and family members of their 
                right to visit a terminally ill defendant as required 
                under paragraph (2)(A)(ii) and, for each, whether a 
                visit occurred and how much time elapsed between the 
                notification and the visit;
                  ``(J) the number of visits to terminally ill 
                prisoners that were denied by the Bureau of Prisons due 
                to security or other concerns, and the reasons given 
                for each denial; and
                  ``(K) the number of motions filed by defendants with 
                the court after all administrative rights to appeal a 
                denial of a sentence reduction had been exhausted, the 
                outcome of each motion, and the time that had elapsed 
                between the date the request was first received by the 
                Bureau of Prisons and the date the defendant filed the 
                motion with the court.''.

SEC. 404. IDENTIFICATION FOR RETURNING CITIZENS.

  (a) Identification and Release Assistance for Federal Prisoners.--
Section 231(b) of the Second Chance Act of 2007 (34 U.S.C. 60541(b)) is 
amended--
          (1) in paragraph (1)--
                  (A) by striking ``(including'' and inserting ``prior 
                to release from a term of imprisonment in a Federal 
                prison or if the individual was not sentenced to a term 
                of imprisonment in a Federal prison, prior to release 
                from a sentence to a term in community confinement, 
                including''; and
                  (B) by striking ``or birth certificate) prior to 
                release'' and inserting ``and a birth certificate''; 
                and
          (2) by adding at the end the following:
          ``(4) Definition.--In this subsection, the term `community 
        confinement means' residence in a community treatment center, 
        halfway house, restitution center, mental health facility, 
        alcohol or drug rehabilitation center, or other community 
        facility.''.
  (b) Duties of the Bureau of Prisons.--Section 4042(a) of title 18, 
United States Code, is amended--
          (1) by redesignating paragraphs (D) and (E) as paragraphs (6) 
        and (7), respectively;
          (2) in paragraph (6) (as so redesignated)--
                  (A) in clause (i)--
                          (i) by striking ``Social Security Cards,''; 
                        and
                          (ii) by striking ``and'' at the end;
                  (B) by redesignating clause (ii) as clause (iii);
                  (C) by inserting after clause (i) the following:
                  ``(ii) obtain identification, including a social 
                security card, driver's license or other official photo 
                identification, and a birth certificate; and'';
                  (D) in clause (iii) (as so redesignated), by 
                inserting after ``prior to release'' the following: 
                ``from a sentence to a term of imprisonment in a 
                Federal prison or if the individual was not sentenced 
                to a term of imprisonment in a Federal prison, prior to 
                release from a sentence to a term of community 
                confinement''; and
                  (E) by redesignating clauses (i), (ii), and (iii) (as 
                so amended) as subparagraphs (A), (B), and (C), 
                respectively; and
          (3) in paragraph (7) (as so redesignated), by redesignating 
        clauses (i) through (vii) as subparagraphs (A) through (G), 
        respectively.

SEC. 405. MISCELLANEOUS.

  (a) Repeal.--Section 4351 of title 18, United States Code, is 
repealed.
  (b) Conforming Amendment.--Section 4352 of title 18, United States 
Code, is amended in subsection (a), by striking ``National Institute of 
Corrections'' and inserting ``National Institute of Justice''.
  (c) Strike Related to Functions of the National Institute of 
Corrections.--The Department of Justice Appropriations Act, 1997 (Title 
I, Div. A, Public Law 104-208, 110 Stat. 3009-11) is amended under the 
heading ``Federal Prison System, Salaries and Expenses'' by striking 
the eighth proviso (pertaining to the budget and functions of the 
National Institute of Corrections).

SEC. 406. EXPANDING INMATE EMPLOYMENT THROUGH FEDERAL PRISON 
                    INDUSTRIES.

  (a) New Market Authorizations.--Chapter 307 of title 18, United 
States Code, is amended by inserting after section 4129 the following:

``Sec. 4130. Additional markets

  ``(a) In General.--Notwithstanding any other provision of law, 
Federal Prison Industries may sell products to--
          ``(1) public entities for use in penal or correctional 
        institutions;
          ``(2) public entities for use in disaster relief or emergency 
        response;
          ``(3) the government of the District of Columbia; and
          ``(4) any organization described in section 501(c)(3), 
        (c)(4), or (d) of the Internal Revenue Code of 1986 that is 
        exempt from taxation under section 501(a) of such Code.
  ``(b) Definitions.--In this section:
          ``(1) The term `public entity' means a State, a subdivision 
        of a State, an Indian tribe, and an agency or governmental 
        corporation or business of any of the foregoing.
          ``(2) The term `State' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, Guam, American 
        Samoa, the Northern Mariana Islands, and the United States 
        Virgin Islands.''.
  (b) Technical Amendment.--The table of sections for chapter 307 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 4129 the following:

``4130. Additional markets.''.

  (c) Deferred Compensation.--Section 4126(c)(4) of title 18, United 
States Code, is amended by inserting after ``operations,'' the 
following: ``not less than 15 percent of such compensation for any 
inmate shall be reserved in the fund or a separate account and made 
available to assist the inmate with costs associated with release from 
prison,''.

SEC. 407. DE-ESCALATION TRAINING.

  Beginning not later than 1 year after the date of the enactment of 
this Act, the Director of the Bureau of Prisons shall incorporate into 
training programs provided to officers and employees of the Bureau of 
Prisons (including officers and employees of an organization with which 
the Bureau of Prisons has a contract to provide services relating to 
imprisonment) specialized and comprehensive training in procedures to--
          (1) de-escalate encounters between a law enforcement officer 
        or an officer or employee of the Bureau of Prisons, and a 
        civilian or a prisoner (as such term is defined in section 106 
        of this Act); and
          (2) identify and appropriately respond to incidents that 
        involve the unique needs of individuals who have a mental 
        illness or cognitive deficit.

SEC. 408. EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN ABUSE.

  (a) Report on Evidence-based Treatment for Opioid and Heroin Abuse.--
Not later than 90 days after the date of the enactment of this Act, the 
Director of the Bureau of Prisons shall submit to the Committees on the 
Judiciary and the Committees on Appropriations of the Senate and of the 
House of Representatives a report assessing the availability of and the 
capacity of the Bureau of Prisons to treat heroin and opioid abuse 
through evidence-based programs, including medication-assisted 
treatment where appropriate. In preparing the report, the Director 
shall consider medication-assisted treatment as a strategy to assist in 
treatment where appropriate and not as a replacement for holistic and 
other drug-free approaches. The report shall include a description of 
plans to expand access to evidence-based treatment for heroin and 
opioid abuse for prisoners, including access to medication-assisted 
treatment in appropriate cases. Following submission, the Director 
shall take steps to implement these plans.
  (b) Report on the Availability of Medication-Assisted Treatment for 
Opioid and Heroin Abuse, and Implementation Thereof.--Not later than 
120 days after the date of the enactment of this Act, the Director of 
the Administrative Office of the United States Courts shall submit to 
the Committees on the Judiciary and the Committees on Appropriations of 
the Senate and of the House of Representatives a report assessing the 
availability of and capacity for the provision of medication-assisted 
treatment for opioid and heroin abuse by treatment-service providers 
serving prisoners who are serving a term of supervised release, and 
including a description of plans to expand access to medication 
assisted treatment for heroin and opioid abuse whenever appropriate 
among prisoners under supervised release. Following submission, the 
Director will take steps to implement these plans.

SEC. 409. PILOT PROGRAMS.

  (a) In General.--The Bureau of Prisons shall establish each of the 
following pilot programs for 5 years, in at least 20 facilities:
          (1) Mentorship for youth.--A program to pair youth with 
        volunteers from faith-based or community organizations, which 
        may include formerly incarcerated offenders, that have relevant 
        experience or expertise in mentoring, and a willingness to 
        serve as a mentor in such a capacity.
          (2) Service to abandoned, rescued, or otherwise vulnerable 
        animals.--A program to equip prisoners with the skills to 
        provide training and therapy to animals seized by Federal law 
        enforcement under asset forfeiture authority and to 
        organizations that provide shelter and similar services to 
        abandoned, rescued, or otherwise vulnerable animals.
  (b) Reporting Requirement.--Not later than one year after the 
conclusion of the pilot programs, the Attorney General shall report to 
Congress on the results of the pilot programs under this section. Such 
report shall include cost savings, numbers of participants, and 
information about recidivism rates among participants.
  (c) Definition.--In this title, the term ``youth'' means a prisoner 
(as such term is defined in section 106) who was 21 years of age or 
younger at the time of the commission or alleged commission of the 
criminal offense for which the individual is being prosecuted or 
serving a term of imprisonment, as the case may be.

SEC. 410. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.

  (a) Probation Officers.--Section 3603 of title 18, United States 
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and 
inserting ``, 4246, or 4248''.
  (b) Pretrial Services Officers.--Section 3154 of title 18, United 
States Code, is amended in paragraph (12)(A) by striking ``or 4246'' 
and inserting ``, 4246, or 4248''.

SEC. 411. DATA COLLECTION.

  (a) National Prisoner Statistics Program.--Beginning not later than 
one year after the date of the enactment of this Act, and annually 
thereafter, pursuant to the authority under section 302 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732), the 
Director of the Bureau of Justice Statistics, with information that 
shall be provided by the Director of the Bureau of Prisons, shall 
include in the National Prisoner Statistics Program the following:
          (1) The number of prisoners (as such term is defined in 
        section 106 of this Act) who are veterans of the Armed Forces 
        of the United States.
          (2) The number of prisoners who have been placed in solitary 
        confinement at any time during the previous year.
          (3) The number of female prisoners known by the Bureau of 
        Prisons to be pregnant, as well as the outcomes of such 
        pregnancies, including information on pregnancies that result 
        in live-birth, still-birth, miscarriage, abortion, ectopic 
        pregnancy, maternal death, neonatal death, and preterm birth.
          (4) The numbers of prisoners who volunteered to participate 
        in a substance abuse treatment program, and the number of 
        prisoners who have participated in such a program.
          (5) The number of prisoners provided methadone or 
        buprenorphine while in custody in order to manage withdrawal or 
        to continually treat substance dependence and abuse.
          (6) The number of prisoners who were receiving methadone or 
        buprenorphine therapy prior to the commencement of their term 
        of imprisonment.
          (7) The number of prisoners who are the parent or guardian of 
        a minor child.
          (8) The numbers of prisoners who are single, married, or 
        otherwise in a committed relationship.
          (9) The number of prisoners who have not achieved a GED, high 
        school diploma, or equivalent prior to entering prison.
          (10) The number of prisoners who, during the previous year, 
        received their GED or other equivalent certificate while 
        incarcerated.
          (11) The numbers of prisoners for whom English is a second 
        language.
          (12) The number of incidents, during the previous year, in 
        which restraints were used on a female prisoner during 
        pregnancy, labor, or postpartum recovery, as well as 
        information relating to the type of restraints used, and the 
        circumstances under which each incident occurred.
          (13) The vacancy rate for medical and health care staff 
        positions, and average length of such a vacancy.
          (14) The number of facilities that operated, at any time 
        during the previous year, without at least one clinical nurse, 
        certified paramedic, or licensed physician on-site.
          (15) The number of facilities that during the previous year 
        were accredited by the American Correctional Association.
          (16) The number and type of recidivism reduction partnerships 
        described in section 3621(h)(5) of title 18, United States 
        Code, entered into by each facility.
          (17) The number of facilities with remote learning 
        capabilities.
          (18) The number of facilities that offer prisoners video 
        conferencing.
          (19) Any changes in costs related to legal phone calls and 
        visits following implementation of section 403 of this Act.
          (20) The number of aliens in prison during the previous year.
          (21) For each Bureau of Prisons facility, the total number of 
        violations that resulted in reductions in rewards, incentives, 
        or time credits, the number of such violations for each 
        category of violation, and the demographic breakdown of the 
        prisoners who have received such reductions.
          (22) The number of assaults on Bureau of Prison staff by 
        prisoners and the number of criminal prosecutions of prisoners 
        for assaulting Bureau of Prison staff.
          (23) The capacity of each recidivism reduction program and 
        productive activity to accommodate eligible inmates at each 
        Bureau of Prisons facility.
          (24) The number of volunteers who were certified to volunteer 
        in a Bureau of Prisons facility, broken down by level (level I 
        and level II), and by each Bureau of Prisons facility.
          (25) The number of prisoners enrolled in recidivism reduction 
        programs and productive activities at each Bureau of Prisons 
        facility, broken down by risk level and by program, and the 
        number of those enrolled prisoners who successfully completed 
        each program.
          (26) The breakdown of prisoners classified at each risk level 
        by demographic characteristics, including age, sex, race, and 
        the length of the sentence imposed.
  (b) Report to Judiciary Committees.--Beginning not later than one 
year after the date of the enactment of this Act, and annually 
thereafter for a period of 7 years, the Director of the Bureau of 
Justice Statistics shall submit a report containing the information 
described in paragraphs (1) through (26) of subsection (a) to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate.

SEC. 412. HEALTHCARE PRODUCTS.

  (a) Availability.--The Director of the Bureau of Prisons shall make 
the healthcare products described in subsection (c) available to 
prisoners for free, in a quantity that is appropriate to the healthcare 
needs of each prisoner.
  (b) Quality Products.--The Director shall ensure that the healthcare 
products provided under this section conform with applicable industry 
standards.
  (c) Products.--The healthcare products described in this subsection 
are tampons and sanitary napkins.

SEC. 413. PRISON RAPE ELIMINATION STANDARDS AUDITORS.

  Section 8(e)(8) of the Prison Rape Elimination Act of 2003 (34 U.S.C. 
30307(e)(8)) is amended to read as follows:
          ``(8) Standards for auditors.--
                  ``(A) In general.--
                          ``(i) Background checks for auditors.--An 
                        individual seeking certification by the 
                        Department of Justice to serve as an auditor of 
                        prison compliance with the national standards 
                        described in subsection (a) shall, upon 
                        request, submit fingerprints in the manner 
                        determined by the Attorney General for criminal 
                        history record checks of the applicable State 
                        and Federal Bureau of Investigation 
                        repositories.
                          ``(ii) Certification agreements.--Each 
                        auditor certified under this paragraph shall 
                        sign a certification agreement that includes 
                        the provisions of, or provisions that are 
                        substantially similar to, the Bureau of Justice 
                        Assistance's Auditor Certification Agreement in 
                        use in April 2018.
                          ``(iii) Auditor evaluation.--The PREA 
                        Management Office of the Bureau of Justice 
                        Assistance shall evaluate all auditors based on 
                        the criteria contained in the certification 
                        agreement. In the case that an auditor fails to 
                        comply with a certification agreement or to 
                        conduct audits in accordance with the PREA 
                        Auditor Handbook, audit methodology, and 
                        instrument approved by the PREA Management 
                        Office, the Office may take remedial or 
                        disciplinary action, as appropriate, including 
                        decertifying the auditor in accordance with 
                        subparagraph (B).
                  ``(B) Auditor decertification.--
                          ``(i) In general.--The PREA Management Office 
                        may suspend an auditor's certification during 
                        an evaluation of an auditor's performance under 
                        subparagraph (A)(iii). The PREA Management 
                        Office shall promptly publish the names of 
                        auditors who have been decertified, and the 
                        reason for decertification. Auditors who have 
                        been decertified or are on suspension may not 
                        participate in audits described in subsection 
                        (a), including as an agent of a certified 
                        auditor.
                          ``(ii) Notification.--In the case that an 
                        auditor is decertified, the PREA Management 
                        Office shall inform each facility or agency at 
                        which the auditor performed an audit during the 
                        relevant three-year audit cycle, and may 
                        recommend that the agency repeat any affected 
                        audits, if appropriate.
                  ``(C) Audit assignments.--The PREA Management Office 
                shall establish a system, to be administered by the 
                Office, for assigning certified auditors to Federal, 
                State, and local facilities.
                  ``(D) Disclosure of documentation.--The Director of 
                the Bureau of Prisons shall comply with each request 
                for documentation necessary to conduct an audit under 
                subsection (a), which is made by a certified auditor in 
                accordance with the provisions of the certification 
                agreement described in subparagraph (A)(ii). The 
                Director of the Bureau of Prisons may require an 
                auditor to sign a confidentiality agreement or other 
                agreement designed to address the auditor's use of 
                personally identifiable information, except that such 
                an agreement may not limit an auditor's ability to 
                provide all such documentation to the Department of 
                Justice, as required under section 115.401(j) of title 
                28, Code of Federal Regulations.''.

SEC. 414. ADULT AND JUVENILE COLLABORATION PROGRAMS.

  Section 2991 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10651) is amended--
          (1) by striking subsection (b)(4)(D);
          (2) in subsection (e), by striking ``may use up to 3 
        percent'' and inserting ``shall use not less than 6 percent''; 
        and
          (3) by amending subsection (g) to read as follows:
  ``(g) Collaboration Set Aside.--The Attorney General shall use not 
less than 8 percent of funds appropriated to provide technical 
assistance to State and local governments receiving grants under this 
part to foster collaboration between such governments in furtherance of 
the purposes set forth in section 3 of the Mentally Ill Offender 
Treatment and Crime Reduction Act of 2004 (34 U.S.C. 10651 note).''.

                          Purpose and Summary

    H.R. 5682 will enhance public safety by improving the 
effectiveness and efficiency of the Federal prison system with 
offender risk and needs assessment, individual risk reduction 
incentives and rewards, and risk and recidivism reduction. It 
also makes various changes to Bureau of Prisons' policies and 
procedures to ensure prisoner and guard safety and security.

                Background and Need for the Legislation

    The federal prison system needs to be reformed through the 
implementation of corrections policy reforms designed to 
enhance public safety by improving the effectiveness and 
efficiency of the federal prison system in order to control 
corrections spending, manage the prison population, and reduce 
recidivism.
    According to the Bureau of Prisons (BOP), over the past 
five calendar years, they have released 224,425 prisoners from 
their facilities.\1\ These inmates were released regardless of 
their risk to recidivate and regardless of what programming 
they received while incarcerated. Their sentences had simply 
concluded. We know that the vast majority of federal prisoners 
will one day be released from BOP custody regardless of what 
efforts are taken to reduce their risk of recidivism. The 
United States Sentencing Commission analyzed data on 25,400 
former inmates who were either released outright from BOP 
custody or placed on probation in 2005. Their report found 
49.3% had been arrested within the next eight years. Among the 
same set of offenders, during the same period, 31.7% had been 
re-convicted, with 24.7% of them also re-incarcerated.\2\ The 
data indicates that unless the government acts to reduce the 
recidivism rate among federal inmates, there is a strong 
possibility that former prisoners will recidivate and be 
rearrested or end up re-incarcerated. Not only is it in the 
fiscal interest of the government to reduce recidivism, it is 
in the public safety interest as well. It is estimated that the 
implementation of this bill will create significant cost 
savings. It is imperative that the savings created be 
reinvested into the evidence-based recidivism reduction 
programs offered by the Bureau of Prisons and to ensure that 
eligible prisoners have access to such programs and productive 
activities offered by the Bureau of Prisons.
---------------------------------------------------------------------------
    \1\Numbers do not include inmates who have released to the custody 
of another custodial jurisdiction such as a treaty transfer, a release 
to a state for service of sentence, or release to ICE for detention/
deportation.
    \2\See https://www.ussc.gov/sites/default/files/pdf/research-and-
publications/research-publications/2016/recidivism_overview.pdf
---------------------------------------------------------------------------
    In January 2016, the Congressionally mandated Charles 
Colson Task Force on Federal Corrections (CCTF) determined 
that:

          Lengthy waitlists indicate that BOP needs to 
        immediately expand occupational training and 
        educational programs. Research shows that such programs 
        hold significant promise to reduce recidivism and 
        improve individual outcomes following release, making 
        their expansion all the more urgent. Research suggests 
        that earning a working wage as a component of prison 
        industry participation may enhance such program's 
        effectiveness in reducing recidivism and improving 
        employment outcomes. To increase the availability of 
        occupational training opportunities, the Task Force 
        also recommends that Congress expand the Federal Prison 
        Industry's (FPI) authority, including increasing 
        reliance on FPI products by federal agencies.

    Addressing the CCTF findings, the Committee is very 
concerned that inmate participation in prison industry over the 
last eight years has plummeted from a decades long track record 
of 25% of eligible inmates participating to less than 8% today, 
coupled with dozens of industry factories, which provide 
meaningful inmate work opportunities, being shut down across 
the country. It is the hope of the Committee that provisions 
within this legislation and other legislative initiatives will 
reverse the decline in inmate participation in prison industry.
    The Committee believes that this precipitous decline in 
inmate prison industry employment levels, system-wide, can be 
tracked to the passage of specific legislative initiatives. The 
Committee strongly believes that without addressing the damage 
these legislative initiatives have caused, and reversing same, 
that it will be difficult to implement many of the recidivism 
reduction programming goals of this bill.
    Moreover, the Committee is deeply concerned with the 
increased burden to taxpayers for the burgeoning costs of 
inmate incarceration, which has also led to increased pressure 
on the Department's budget and other important Department 
priorities being forced into competition for these limited 
funds.
    BOP has a growing prison population that, because of its 
rising costs, is becoming a real and immediate threat to public 
safety. The growing prison budget is consuming an ever-
increasing percentage of the Department of Justice's budget. 
According to the Statement of the Department's Inspector 
General before Congress on March 14, 2013, concerning oversight 
of the Department of Justice: ``it is clear that something must 
be done . . . the Department cannot solve this challenge by 
spending more money to operate more federal prisons unless it 
is prepared to make drastic cuts to other important areas of 
the Department's operations.''\3\
---------------------------------------------------------------------------
    \3\http://www.justice.gov/oig/testimony/t1303.pdf. ``Drastic cuts'' 
in DOJ budgets may directly impact the investigative and prosecutorial 
resources in areas such as counterterrorism, cybercrimes, financial 
fraud, crimes against children, drug trafficking and other vital areas 
of current DOJ focus.
---------------------------------------------------------------------------
    Further, according to the Department's Criminal Division in 
2013:

          Now with the sequester, the challenges for federal 
        criminal justice have increased dramatically and the 
        choices we all face--Congress, the Judiciary, the 
        Executive Branch--are that much clearer and more stark: 
        control federal prison spending or see significant 
        reductions in the resources available for all non-
        prison criminal justice areas. If the current spending 
        trajectory continues and we do not reduce the prison 
        population and prison spending, there will continue to 
        be fewer and fewer prosecutors to bring charges, fewer 
        agents to investigate federal crimes, less support to 
        state and local criminal justice partners, less support 
        to treatment, prevention and intervention programs, and 
        cuts along a range of other criminal justice 
        priorities. . .

    Taken together, reductions in public safety spending that 
have already occurred and that are likely to continue in the 
coming years mean that the remarkable public safety 
achievements of the last 20 years are threatened unless reforms 
are instituted to make our public safety expenditures smarter 
and more productive.\4\
---------------------------------------------------------------------------
    \4\http://www.justice.gov/criminal/foia/docs/2013annual-letter-
final-071113.pdf.
---------------------------------------------------------------------------

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
5682.

                        Committee Consideration

    On May 9, 2018, the Committee met in open session and 
ordered the bill (H.R. 5682) favorably reported, with 
amendments, by a roll call vote of 25 to 5, a quorum being 
present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following roll call votes occurred during the Committee's 
consideration of H.R. 5682.
    1. An amendment offered by Mr. Cohen to make permanent a 
pilot program was defeated by a roll call vote of 14 to 15.

                             ROLLCALL NO. 1
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................
Mr. Issa (CA)..................................
Mr. King (IA)..................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................              X
Mr. Johnson (LA)...............................              X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
Mr. Rothfus (PA)...............................              X
 
Mr. Nadler (NY), Ranking Member................      X
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................      X
Mr. Jeffries (NY)..............................      X
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................      X
Mr. Schneider (IL).............................      X
Ms. Demings (FL)...............................      X
                                                ------------------------
    Total......................................     14      15
------------------------------------------------------------------------

    2. Motion to report H.R. 5682 favorably to the House. 
Approved 25 to 5.

                             ROLLCALL NO. 2
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................      X
Mr. Issa (CA)..................................      X
Mr. King (IA)..................................              X
Mr. Gohmert (TX)...............................      X
Mr. Jordan (OH)................................      X
Mr. Poe (TX)...................................      X
Mr. Marino (PA)................................      X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................
Mr. Collins (GA)...............................      X
Mr. DeSantis (FL)..............................      X
Mr. Buck (CO)..................................      X
Mr. Ratcliffe (TX).............................      X
Ms. Roby (AL)..................................
Mr. Gaetz (FL).................................      X
Mr. Johnson (LA)...............................      X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................      X
Ms. Handel (GA)................................
Mr. Rothfus (PA)...............................      X
 
Mr. Nadler (NY), Ranking Member................              X
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................              X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................      X
Mr. Jeffries (NY)..............................      X
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................              X
Ms. Jayapal (WA)...............................              X
Mr. Schneider (IL).............................      X
Ms. Demings (FL)...............................      X
                                                ------------------------
    Total......................................     25       5
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    The Congressional Budget Office did not provide a cost 
estimate at the time of this printing.

                    Duplication of Federal Programs

    No provision of H.R. 5682 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee finds that H.R. 5682 contains no directed 
rule making within the meaning of 5 U.S.C. 551.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the Committee states that H.R. 5682 
will enhance public safety by improving the effectiveness and 
efficiency of the Federal prison system with offender risk and 
needs assessment, individual risk reduction incentives and 
rewards, and risk and recidivism reduction.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 5682 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Section 1. Short Title; Table of Contents. Section 1 sets 
forth the short title for the bill as the ``Formerly 
Incarcerated Reenter Society Transformed Safely Transitioning 
Every Prisoner (FIRST STEP) Act'' and sets forth the table of 
contents.

Title I. Recidivism Reduction Act.

Sec. 101. Risk and Needs Assessment System.

    Directs the Attorney General to conduct a review of the 
risk and needs assessment system used by the Bureau of Prisons' 
and develop recommendations on recidivism reduction programs 
and productive activities; to conduct ongoing research and data 
analysis on the programming and its effectiveness; to conduct 
biennial reviews of the system and recommendations; and to 
report to Congress.
    Requires the Attorney General to develop and release a risk 
and needs assessment system that will: (1) determine the 
recidivism risk level (minimum, low, medium, or high) of each 
prisoner at intake; (2) assess and determine the risk of 
violent or serious misconduct of each prisoner; (3) determine 
the type, amount, and intensity of programming for each 
prisoner and assign programming accordingly; (4) reassess each 
prisoner periodically and adjust programming assignments 
accordingly; and (5) determine when a prisoner is ready to 
transfer into prerelease custody. In developing the risk and 
needs assessment system, the Attorney General may use existing 
tools as appropriate.
    The Attorney General should review the risk and needs 
assessment system annually and validate any tools it uses in 
consultation with the Director of the Bureau of Prisons and the 
Director of the National Institute of Justice. Further, the 
Attorney General should ensure that the risk and needs 
assessment system does not result in any unwarranted 
disparities. In developing the system, researchers and 
stakeholders with expertise in risk assessment systems should 
evaluate, review and provide recommendations or improvement of 
the tool before it is implemented in order to ensure that 
decisions are made using the data based on the best available 
statistical and empirical evidence. Furthermore, the Attorney 
General should make every effort to make the system transparent 
and publicly available.
    The risk and needs assessment system used by the Bureau of 
Prisons following enactment of this Act should provide that 
prisoners with similar risk levels are grouped together in 
housing and assignment decisions to the extent practicable.
    Establishes incentives and rewards for prisoners to 
participate in programming and activities. This includes 
increased family phone and visitation privileges, transfer to 
an institution closer to the inmate's release residence, and 
earned time credits. Further, the Bureau of Prisons is 
instructed to develop additional policies to provide 
appropriate incentives for successful participation in 
programming, which may include increased commissary spending 
limits and product offerings, extended opportunities to access 
the email system, and direct placement in home confinement for 
minimum security level inmates who completed recommended 
programming.
    Prisoners shall earn 10 days of time credits for each 30 
days of successful participation in recidivism risk reduction 
programming or activities. A prisoner that is classified as 
minimum or low risk for recidivating and who has not increased 
their risk of recidivism over two reassessments can earn an 
additional five days (for a total of 15 days).
    A prisoner may not earn time credits for programming or 
activities participated in before enactment of this Act and 
before the prisoner's sentence commences. Makes prisoners 
ineligible to earn time credits if the prisoner is serving a 
sentence for conviction of certain offenses. Allows times 
credits earned under this Act to be applied toward time in 
community-based confinement.
    Requires prisoners with an anticipated release date within 
five years to be reassessed more frequently. If a reassessment 
shows that a prisoner's risk of recidivating has changed, the 
Bureau of Prisons should update the prisoner's classification 
and reassign the prisoner to appropriate recidivism reduction 
programming based on the changes. Requires BOP to establish 
guidelines for reducing rewards and incentives for prisoners 
who violate prison, program, or activity rules, and for 
restoring those rewards and incentives based on individual 
progress.
    Requires the Attorney General to develop training programs 
for BOP officials and employees related to the implementation 
and operation of the System and to conduct periodic audits of 
the System.

Sec. 102. Implementation of System and Recommendations by Bureau of 
        Prisons.

    Directs the BOP to: (1) implement the System and complete a 
risk and needs assessment for each prisoner; (2) expand the 
effective programs it offers and add any new ones necessary to 
effectively implement the System; (3) phase in such programs 
within 2 years; and (4) develop policies for the warden of each 
prison to enter into partnerships with specified nonprofit 
organizations, institutions of higher education, and private 
entities to expand such programs. The Bureau of Prisons shall 
partner with non-profits, including faith-based organizations, 
offering free and volunteer programming as a means of 
bolstering its prison program offerings. Such program 
partnerships do not violate existing rules regarding augmenting 
Bureau of Prisons appropriations.
    Sets forth requirements for prerelease custody for risk and 
needs assessment system participants to include those who have 
earned time credits, have displayed and maintained a lower 
recidivism risk, and have been classified by the warden of the 
prison as qualified to be transferred into prerelease custody. 
Allows such prisoners to be placed in prerelease custody, 
including home confinement and halfway homes. Requires the 
Attorney General to consult with the Assistant Director for the 
Office of Probation and Pretrial Services to issue guidelines 
for Bureau of Prisons' use to determine the appropriate 
prerelease custody for prisoners as well as consequences for 
violating prerelease custody conditions. Further requires the 
Director of the Bureau of Prisons to enter into agreements with 
the United States Probation and Pretrial Services to supervise 
prisoners placed in home confinement under this subsection. 
When the Director of the Bureau of Prisons places a prisoner in 
a residential reentry center, he can place such conditions as 
he determines appropriate. This can include alternate means of 
monitoring that are as effective as, or more effective than, 
the electronic monitoring described in this Act. The Committee 
urges the Bureau of Prisons and the Office of Probation and 
Pretrial Services to protect public safety by ensuring enough 
officers are monitoring these systems to be able to promptly 
respond to alerts of violations of release conditions, that all 
alerts are so responded to, and that sufficient oversight is 
undertaken of the electronic devices used in the monitoring to 
prevent systematic malfunctions.
    Allows prisoners to receive mentoring services from a 
person that provided those services to the prisoner while 
incarcerated.
    Directs the Attorney General to review the effectiveness of 
existing programs in prisons operated by the BOP and in state-
operated prisons and may direct the BOP regarding programming 
and activity and the replication of effective programs.
    Directs the Attorney General to submit an annual report 
about the activities undertaken as a result of this Act.

Sec. 103. GAO Report.

    Requires the Comptroller General of the United States shall 
conduct an audit of the use of the risk and needs assessment 
system at Bureau of Prisons facilities.

Sec. 104. Authorization of Appropriations.

    Authorizes $50 million from 2019 to 2023 to carry out the 
activities described in the Act.

Sec. 105. Rule of Construction.

    Sets forth that nothing in this Act may be construed to 
provide authority to place a prisoner on prerelease custody who 
is serving a term of imprisonment for a non-federal crime.

Sec. 106. Faith-Based Considerations.

    Makes clear that faith-based organizations cannot be 
discriminated against for any purpose under any provision of 
this Act.

Title II. Bureau of Prisons Secure Firearms Storage

Sec. 201. Short Title.

    Sets forth the short title for Title IV as the ``Lieutenant 
Osvaldo Albarati Correctional Officer Self-Protection Act of 
2017.''

Sec. 202. Secure firearms storage.

    Requires the Director of BOP to provide a secure storage 
area outside the secure perimeter of the facility for employees 
to store firearms or to allow the employee to place firearms in 
secure storage boxes within vehicles.

Title III. Restraints on pregnant prisoners prohibited Sec. 301. Use of 
        Restraints on Prisoners During the Period of Pregnancy and 
        Postpartum Recovery Prohibited.

    Prohibits the use of restraints on prisoners during the 
period of pregnancy and postpartum recovery. The prohibition 
shall not apply if the prisoner is determined to be an 
immediate and credible flight risk or poses an immediate and 
serious threat of harm to herself, the fetus, or others.

Title IV. Miscellaneous Criminal Justice.

Sec. 401. Placement of Prisoners Close to Families.

    Provides that prisoners should be placed in a facility as 
close as practicable to the prisoner's primary residence, but 
not more than 500 driving miles from the prisoner's primary 
residence subject to bed availability, the prisoner's security 
designation, the prisoner's programmatic needs, and the 
prisoner's mental and medical health needs, or if the prisoner 
chooses to remain in a facility further away.

Sec. 402. Home Confinement for Low-risk Prisoners.

    Requires the Bureau of Prisons to place prisoners with 
lower risk levels and needs on home confinement for the maximum 
amount of time permitted.

Sec. 403. Federal Prisoner Reentry Initiative Reauthorization; 
        Modification of Imposed Term of Imprisonment.

    Allows for a pilot program for the compassionate release to 
home detention of elderly and terminally ill offenders. 
Requires the Director of the Bureau of Prisons to provide an 
annual report describing requests and releases made under this 
subsection, as well as additional information.

Sec. 404. Identification for Returning Citizens.

    Requires that, prior to release from a Federal prison, an 
individual should be provided with his or her birth certificate 
and photo identification.

Sec. 405. Miscellaneous.

    Transfers the National Institute of Corrections to become a 
subcomponent of the National Institute of Justice.

Sec. 406. Expanding Inmate Employment through Federal Prison 
        Industries.

    Authorizes new markets for Federal prison industries, 
including public entities for use in penal or correctional 
institutions or disaster relief, the government of the District 
of Columbia, and any 501(c)(3), (c)(4), or (d) tax-exempt 
organization. Allows for the creation of escrow accounts in 
which prisoners may store a portion of compensation from the 
Federal prison industries to be used following release from 
custody. Any expansion of federal prison industries into new 
markets should prioritize the manufacture of products purchased 
by public entities that are manufactured overseas and could be 
manufactured by prisoners participating in a prison work 
program without reducing job opportunities for other workers in 
the United States.

Sec. 407. De-escalation Training.

    Requires BOP to provide de-escalation training as part of 
the regular training requirements of correctional officers.

Sec. 408. Evidence-based Treatment for Opioid and Heroin Abuse.

    Requires BOP to submit a report and evaluation of the 
current pilot program to treat heroin and opioid abuse through 
medication assisted treatment.

Sec. 409. Pilot Programs.

    Requires BOP to establish two pilot programs. The first is 
a mentorship program for youth and the second is for the 
training and therapy of abandoned, rescued, or otherwise 
vulnerable animals.

Sec. 410. Ensuring Supervision of Released Sexually Dangerous Persons.

    Provides U.S. Probation and Pretrial Services the authority 
to supervise sexually dangerous persons who have been 
conditionally released from civil commitment.

Sec. 411. Data Collection.

    Establishes for BOP a statistical and demographic data 
reporting requirement. This data must be provided Congress 
annually for seven years and as part of the National Prisoner 
Statistics Program.

Sec. 412. Healthcare Products.

    Requires BOP to provide feminine hygiene products to female 
inmates at no cost.

Sec. 413. Prison Rape Elimination Standards Auditors.

    Requires all auditors to sign an Auditor Certification 
Agreement clarifies the Department's PREA Management Office 
(PMO) has the authority to ensure that auditors uphold the 
standards spelled out in the Auditor Certification Agreement. 
Permits the PMO to take remedial and disciplinary action when 
auditors do not fulfill their obligations, namely suspension 
and decertification of auditors who clearly disregard the 
standards to which they are required to adhere.

Sec. 414. Adult and Juvenile Collaboration Programs.

    Raises the training and technical assistance cap for the 
Mentally Ill Offender Treatment and Crime Reduction Act's 
(MIOTCRA) Justice and Mental Health Collaboration Program 
(JMHCP) to no less than six percent of appropriated funds (up 
from the current cap of three percent). To ensure that Bureau 
of Justice Assistance and TTA providers can keep pace with the 
demand for assistance from counties and states, the proposal 
sets a minimum of eight percent of appropriated funds.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *
PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *

CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

           *       *       *       *       *       *       *

Sec. 3154. Functions and powers relating to pretrial services

   Pretrial services functions shall include the following:
          (1) Collect, verify, and report to the judicial 
        officer, prior to the pretrial release hearing, 
        information pertaining to the pretrial release of each 
        individual charged with an offense, including 
        information relating to any danger that the release of 
        such person may pose to any other person or the 
        community, and, where appropriate, include a 
        recommendation as to whether such individual should be 
        released or detained and, if release is recommended, 
        recommend appropriate conditions of release; except 
        that a district court may direct that information not 
        be collected, verified, or reported under this 
        paragraph on individuals charged with Class A 
        misdemeanors as defined in section 3559(a)(6) of this 
        title.
          (2) Review and modify the reports and recommendations 
        specified in paragraph (1) of this section for persons 
        seeking release pursuant to section 3145 of this 
        chapter.
          (3) Supervise persons released into its custody under 
        this chapter.
          (4) Operate or contract for the operation of 
        appropriate facilities for the custody or care of 
        persons released under this chapter including 
        residential halfway houses, addict and alcoholic 
        treatment centers, and counseling services, and 
        contract with any appropriate public or private agency 
        or person, or expend funds, to monitor and provide 
        treatment as well as nontreatment services to any such 
        persons released in the community, including equipment 
        and emergency housing, corrective and preventative 
        guidance and training, and other services reasonably 
        deemed necessary to protect the public and ensure that 
        such persons appear in court as required.
          (5) Inform the court and the United States attorney 
        of all apparent violations of pretrial release 
        conditions, arrests of persons released to the custody 
        of providers of pretrial services or under the 
        supervision of providers of pretrial services, and any 
        danger that any such person may come to pose to any 
        other person or the community, and recommend 
        appropriate modifications of release conditions.
          (6) Serve as coordinator for other local agencies 
        which serve or are eligible to serve as custodians 
        under this chapter and advise the court as to the 
        eligibility, availability, and capacity of such 
        agencies.
          (7) Assist persons released under this chapter in 
        securing any necessary employment, medical, legal, or 
        social services.
          (8) Prepare, in cooperation with the United States 
        marshal and the United States attorney such pretrial 
        detention reports as are required by the provisions of 
        the Federal Rules of Criminal Procedure relating to the 
        supervision of detention pending trial.
          (9) Develop and implement a system to monitor and 
        evaluate bail activities, provide information to 
        judicial officers on the results of bail decisions, and 
        prepare periodic reports to assist in the improvement 
        of the bail process.
          (10) To the extent provided for in an agreement 
        between a chief pretrial services officer in districts 
        in which pretrial services are established under 
        section 3152(b) of this title, or the chief probation 
        officer in all other districts, and the United States 
        attorney, collect, verify, and prepare reports for the 
        United States attorney's office of information 
        pertaining to the pretrial diversion of any individual 
        who is or may be charged with an offense, and perform 
        such other duties as may be required under any such 
        agreement.
          (11) Make contracts, to such extent and in such 
        amounts as are provided in appropriation Acts, for the 
        carrying out of any pretrial services functions.
          (12)(A) As directed by the court and to the degree 
        required by the regimen of care or treatment ordered by 
        the court as a condition of release, keep informed as 
        to the conduct and provide supervision of a person 
        conditionally released under the provisions of section 
        4243 [or 4246], 4246, or 4248 of this title, and report 
        such person's conduct and condition to the court 
        ordering release and the Attorney General or his 
        designee.
          (B) Any violation of the conditions of release shall 
        immediately be reported to the court and the Attorney 
        General or his designee.
          (13) If approved by the district court, be authorized 
        to carry firearms under such rules and regulations as 
        the Director of the Administrative Office of the United 
        States Courts may prescribe.
          (14) Perform, in a manner appropriate for juveniles, 
        any of the functions identified in this section with 
        respect to juveniles awaiting adjudication, trial, or 
        disposition under chapter 403 of this title who are not 
        detained.
          (15) Perform such other functions as specified under 
        this chapter.

           *       *       *       *       *       *       *

CHAPTER 227--SENTENCES

           *       *       *       *       *       *       *

SUBCHAPTER D--IMPRISONMENT

           *       *       *       *       *       *       *

Sec. 3582. Imposition of a sentence of imprisonment

  (a) Factors To Be Considered in Imposing a Term of 
Imprisonment.--The court, in determining whether to impose a 
term of imprisonment, and, if a term of imprisonment is to be 
imposed, in determining the length of the term, shall consider 
the factors set forth in section 3553(a) to the extent that 
they are applicable, recognizing that imprisonment is not an 
appropriate means of promoting correction and rehabilitation. 
In determining whether to make a recommendation concerning the 
type of prison facility appropriate for the defendant, the 
court shall consider any pertinent policy statements issued by 
the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2).
  (b) Effect of Finality of Judgment.--Notwithstanding the fact 
that a sentence to imprisonment can subsequently be--
          (1) modified pursuant to the provisions of subsection 
        (c);
          (2) corrected pursuant to the provisions of rule 35 
        of the Federal Rules of Criminal Procedure and section 
        3742; or
          (3) appealed and modified, if outside the guideline 
        range, pursuant to the provisions of section 3742;
a judgment of conviction that includes such a sentence 
constitutes a final judgment for all other purposes.
  (c) Modification of an Imposed Term of Imprisonment.--The 
court may not modify a term of imprisonment once it has been 
imposed except that--
          (1) in any case--
                  (A) the court, upon motion of the Director of 
                the Bureau of Prisons, or upon motion of the 
                defendant after the defendant has fully 
                exhausted all administrative rights to appeal a 
                failure of the Bureau of Prisons to bring a 
                motion on the defendant's behalf or the lapse 
                of 30 days from the receipt of such a request 
                by the warden of the defendant's facility, 
                whichever is earlier, may reduce the term of 
                imprisonment (and may impose a term of 
                probation or supervised release with or without 
                conditions that does not exceed the unserved 
                portion of the original term of imprisonment), 
                after considering the factors set forth in 
                section 3553(a) to the extent that they are 
                applicable, if it finds that--
                          (i) extraordinary and compelling 
                        reasons warrant such a reduction; or
                          (ii) the defendant is at least 70 
                        years of age, has served at least 30 
                        years in prison, pursuant to a sentence 
                        imposed under section 3559(c), for the 
                        offense or offenses for which the 
                        defendant is currently imprisoned, and 
                        a determination has been made by the 
                        Director of the Bureau of Prisons that 
                        the defendant is not a danger to the 
                        safety of any other person or the 
                        community, as provided under section 
                        3142(g);
                and that such a reduction is consistent with 
                applicable policy statements issued by the 
                Sentencing Commission; and
                  (B) the court may modify an imposed term of 
                imprisonment to the extent otherwise expressly 
                permitted by statute or by Rule 35 of the 
                Federal Rules of Criminal Procedure; and
          (2) in the case of a defendant who has been sentenced 
        to a term of imprisonment based on a sentencing range 
        that has subsequently been lowered by the Sentencing 
        Commission pursuant to 28 U.S.C. 994(o), upon motion of 
        the defendant or the Director of the Bureau of Prisons, 
        or on its own motion, the court may reduce the term of 
        imprisonment, after considering the factors set forth 
        in section 3553(a) to the extent that they are 
        applicable, if such a reduction is consistent with 
        applicable policy statements issued by the Sentencing 
        Commission.
  (d) Notification Requirements.--
          (1) Terminal illness defined.--In this subsection, 
        the term ``terminal illness'' means a disease or 
        condition with an end-of-life trajectory.
          (2) Notification.--The Bureau of Prisons shall, 
        subject to any applicable confidentiality 
        requirements--
                  (A) in the case of a defendant diagnosed with 
                a terminal illness--
                          (i) not later than 72 hours after the 
                        diagnosis notify the defendant's 
                        attorney, partner, and family members 
                        of the defendant's condition and inform 
                        the defendant's attorney, partner, and 
                        family members that they may prepare 
                        and submit on the defendant's behalf a 
                        request for a sentence reduction 
                        pursuant to subsection (c)(1)(A);
                          (ii) not later than 7 days after the 
                        date of the diagnosis, provide the 
                        defendant's partner and family members 
                        (including extended family) with an 
                        opportunity to visit the defendant in 
                        person;
                          (iii) upon request from the defendant 
                        or his attorney, partner, or a family 
                        member, ensure that Bureau of Prisons 
                        employees assist the defendant in the 
                        preparation, drafting, and submission 
                        of a request for a sentence reduction 
                        pursuant to subsection (c)(1)(A); and
                          (iv) not later than 14 days of 
                        receipt of a request for a sentence 
                        reduction submitted on the defendant's 
                        behalf by the defendant or the 
                        defendant's attorney, partner, or 
                        family member, process the request;
                  (B) in the case of a defendant who is 
                physically or mentally unable to submit a 
                request for a sentence reduction pursuant to 
                subsection (c)(1)(A)--
                          (i) inform the defendant's attorney, 
                        partner, and family members that they 
                        may prepare and submit on the 
                        defendant's behalf a request for a 
                        sentence reduction pursuant subsection 
                        (c)(1)(A);
                          (ii) accept and process a request for 
                        sentence reduction that has been 
                        prepared and submitted on the 
                        defendant's behalf by the defendant's 
                        attorney, partner, or family member 
                        under clause (i); and
                          (iii) upon request from the defendant 
                        or his attorney, partner, or family 
                        member, ensure that Bureau of Prisons 
                        employees assist the defendant in the 
                        preparation, drafting, and submission 
                        of a request for a sentence reduction 
                        pursuant subsection (c)(1)(A); and
                  (C) ensure that all Bureau of Prisons 
                facilities regularly and visibly post, 
                including in prisoner handbooks, staff training 
                materials, and facility law libraries and 
                medical and hospice facilities, and make 
                available to prisoners upon demand, notice of--
                          (i) a defendant's ability to request 
                        a sentence reduction pursuant to 
                        subsection (c)(1)(A);
                          (ii) the procedures and timelines for 
                        initiating and resolving requests 
                        described in clause (i); and
                          (iii) the right to appeal a denial of 
                        a request described in clause (i) after 
                        all administrative rights to appeal 
                        within the Bureau of Prisons have been 
                        exhausted.
          (3) Annual report.--Not later than 1 year after the 
        date of enactment of this subsection, and once every 
        year thereafter, the Director of the Bureau of Prisons 
        shall submit to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House 
        of Representatives a report on requests for sentence 
        reductions pursuant to subsection (c)(1)(A), which 
        shall include a description of, for the previous year--
                  (A) the number of prisoners granted and 
                denied sentence reductions, categorized by the 
                criteria relied on as the grounds for a 
                reduction in sentence;
                  (B) the number of requests initiated by or on 
                behalf of prisoners, categorized by the 
                criteria relied on as the grounds for a 
                reduction in sentence;
                  (C) the number of requests which Bureau of 
                Prisons employees assisted prisoners in 
                drafting, preparing, or submitting, categorized 
                by the criteria relied on as the grounds for a 
                reduction in sentence, and the final decision 
                made in each request;
                  (D) the number of requests which attorneys, 
                partners, or family members submitted on a 
                defendant's behalf, categorized by the criteria 
                relied on as the grounds for a reduction in 
                sentence, and the final decision made in each 
                request;
                  (E) the number of requests approved by the 
                Director of the Bureau of Prisons, categorized 
                by the criteria relied on as the grounds for a 
                reduction in sentence;
                  (F) the number of requests denied by the 
                Director of the Bureau of Prisons and the 
                reasons given for each denial, categorized by 
                the criteria relied on as the grounds for a 
                reduction in sentence;
                  (G) for each request, the time elapsed 
                between the date the request was received by 
                the warden and the final decision, categorized 
                by the criteria relied on as the grounds for a 
                reduction in sentence;
                  (H) for each request, the number of prisoners 
                who died while their request was pending and, 
                for each, the amount of time that had elapsed 
                between the date the request was received by 
                the Bureau of Prisons, categorized by the 
                criteria relied on as the grounds for a 
                reduction in sentence;
                  (I) the number of Bureau of Prisons 
                notifications to attorneys, partners, and 
                family members of their right to visit a 
                terminally ill defendant as required under 
                paragraph (2)(A)(ii) and, for each, whether a 
                visit occurred and how much time elapsed 
                between the notification and the visit;
                  (J) the number of visits to terminally ill 
                prisoners that were denied by the Bureau of 
                Prisons due to security or other concerns, and 
                the reasons given for each denial; and
                  (K) the number of motions filed by defendants 
                with the court after all administrative rights 
                to appeal a denial of a sentence reduction had 
                been exhausted, the outcome of each motion, and 
                the time that had elapsed between the date the 
                request was first received by the Bureau of 
                Prisons and the date the defendant filed the 
                motion with the court.
  [(d)] (e) Inclusion of an Order To Limit Criminal Association 
of Organized Crime and Drug Offenders.--The court, in imposing 
a sentence to a term of imprisonment upon a defendant convicted 
of a felony set forth in chapter 95 (racketeering) or 96 
(racketeer influenced and corrupt organizations) of this title 
or in the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 801 et seq.), or at any time thereafter upon 
motion by the Director of the Bureau of Prisons or a United 
States attorney, may include as a part of the sentence an order 
that requires that the defendant not associate or communicate 
with a specified person, other than his attorney, upon a 
showing of probable cause to believe that association or 
communication with such person is for the purpose of enabling 
the defendant to control, manage, direct, finance, or otherwise 
participate in an illegal enterprise.

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                CHAPTER 229--POSTSENTENCE ADMINISTRATION

 Subchapter.......................................................  Sec.
      Probation.....................................................3601
     * * * * * * *
      Risk and Needs Assessment System..............................3631

SUBCHAPTER A--PROBATION

           *       *       *       *       *       *       *

Sec. 3603. Duties of probation officers

   A probation officer shall--
          (1) instruct a probationer or a person on supervised 
        release, who is under his supervision, as to the 
        conditions specified by the sentencing court, and 
        provide him with a written statement clearly setting 
        forth all such conditions;
          (2) keep informed, to the degree required by the 
        conditions specified by the sentencing court, as to the 
        conduct and condition of a probationer or a person on 
        supervised release, who is under his supervision, and 
        report his conduct and condition to the sentencing 
        court;
          (3) use all suitable methods, not inconsistent with 
        the conditions specified by the court, to aid a 
        probationer or a person on supervised release who is 
        under his supervision, and to bring about improvements 
        in his conduct and condition;
          (4) be responsible for the supervision of any 
        probationer or a person on supervised release who is 
        known to be within the judicial district;
          (5) keep a record of his work, and make such reports 
        to the Director of the Administrative Office of the 
        United States Courts as the Director may require;
          (6) upon request of the Attorney General or his 
        designee, assist in the supervision of and furnish 
        information about, a person within the custody of the 
        Attorney General while on work release, furlough, or 
        other authorized release from his regular place of 
        confinement, or while in prerelease custody pursuant to 
        the provisions of section 3624(c);
          (7) keep informed concerning the conduct, condition, 
        and compliance with any condition of probation, 
        including the payment of a fine or restitution of each 
        probationer under his supervision and report thereon to 
        the court placing such person on probation and report 
        to the court any failure of a probationer under his 
        supervision to pay a fine in default within thirty days 
        after notification that it is in default so that the 
        court may determine whether probation should be 
        revoked;
          (8)(A) when directed by the court, and to the degree 
        required by the regimen of care or treatment ordered by 
        the court as a condition of release, keep informed as 
        to the conduct and provide supervision of a person 
        conditionally released under the provisions of section 
        4243 [or 4246], 4246, or 4248 of this title, and report 
        such person's conduct and condition to the court 
        ordering release and to the Attorney General or his 
        designee; and
          (B) immediately report any violation of the 
        conditions of release to the court and the Attorney 
        General or his designee;
          (9) if approved by the district court, be authorized 
        to carry firearms under such rules and regulations as 
        the Director of the Administrative Office of the United 
        States Courts may prescribe; and
          (10) perform any other duty that the court may 
        designate.

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SUBCHAPTER C--IMPRISONMENT

           *       *       *       *       *       *       *

Sec. 3621. Imprisonment of a convicted person

  (a) Commitment to Custody of Bureau of Prisons.--A person who 
has been sentenced to a term of imprisonment pursuant to the 
provisions of subchapter D of chapter 227 shall be committed to 
the custody of the Bureau of Prisons until the expiration of 
the term imposed, or until earlier released for satisfactory 
behavior pursuant to the provisions of section 3624.
  (b) Place of Imprisonment.--The Bureau of Prisons [shall 
designate the place of the prisoner's imprisonment.] shall 
designate the place of the prisoner's imprisonment, and shall, 
subject to bed availability, the prisoner's security 
designation, the prisoner's programmatic needs, and the 
prisoner's mental and medical health needs, place the prisoner 
in a facility as close as practicable to the prisoner's primary 
residence, but, in any case, not more than 500 driving miles 
from the prisoner's primary residence. Subject to bed 
availability and the prisoner's security designation, the 
Bureau shall transfer prisoners to facilities that are closer 
to the prisoner's primary residence even if the prisoner is 
already in a facility within 500 driving miles of that 
residence, unless the prisoner chooses to remain at his or her 
current facility. The Bureau may designate any available penal 
or correctional facility that meets minimum standards of health 
and habitability established by the Bureau, whether maintained 
by the Federal Government or otherwise and whether within or 
without the judicial district in which the person was 
convicted, that the Bureau determines to be appropriate and 
suitable, considering--
          (1) the resources of the facility contemplated;
          (2) the nature and circumstances of the offense;
          (3) the history and characteristics of the prisoner;
          (4) any statement by the court that imposed the 
        sentence--
                  (A) concerning the purposes for which the 
                sentence to imprisonment was determined to be 
                warranted; or
                  (B) recommending a type of penal or 
                correctional facility as appropriate; and
          (5) any pertinent policy statement issued by the 
        Sentencing Commission pursuant to section 994(a)(2) of 
        title 28.
In designating the place of imprisonment or making transfers 
under this subsection, there shall be no favoritism given to 
prisoners of high social or economic status. The Bureau may at 
any time, having regard for the same matters, direct the 
transfer of a prisoner from one penal or correctional facility 
to another. The Bureau shall make available appropriate 
substance abuse treatment for each prisoner the Bureau 
determines has a treatable condition of substance addiction or 
abuse. Any order, recommendation, or request by a sentencing 
court that a convicted person serve a term of imprisonment in a 
community corrections facility shall have no binding effect on 
the authority of the Bureau under this section to determine or 
change the place of imprisonment of that person.
  (c) Delivery of Order of Commitment.--When a prisoner, 
pursuant to a court order, is placed in the custody of a person 
in charge of a penal or correctional facility, a copy of the 
order shall be delivered to such person as evidence of this 
authority to hold the prisoner, and the original order, with 
the return endorsed thereon, shall be returned to the court 
that issued it.
  (d) Delivery of Prisoner for Court Appearances.--The United 
States marshal shall, without charge, bring a prisoner into 
court or return him to a prison facility on order of a court of 
the United States or on written request of an attorney for the 
Government.
  (e) Substance Abuse Treatment.--
          (1) Phase-in.--In order to carry out the requirement 
        of the last sentence of subsection (b) of this section, 
        that every prisoner with a substance abuse problem have 
        the opportunity to participate in appropriate substance 
        abuse treatment, the Bureau of Prisons shall, subject 
        to the availability of appropriations, provide 
        residential substance abuse treatment (and make 
        arrangements for appropriate aftercare)--
                  (A) for not less than 50 percent of eligible 
                prisoners by the end of fiscal year 1995, with 
                priority for such treatment accorded based on 
                an eligible prisoner's proximity to release 
                date;
                  (B) for not less than 75 percent of eligible 
                prisoners by the end of fiscal year 1996, with 
                priority for such treatment accorded based on 
                an eligible prisoner's proximity to release 
                date; and
                  (C) for all eligible prisoners by the end of 
                fiscal year 1997 and thereafter, with priority 
                for such treatment accorded based on an 
                eligible prisoner's proximity to release date.
          (2) Incentive for prisoners' successful completion of 
        treatment program.--
                  (A) Generally.--Any prisoner who, in the 
                judgment of the Director of the Bureau of 
                Prisons, has successfully completed a program 
                of residential substance abuse treatment 
                provided under paragraph (1) of this 
                subsection, shall remain in the custody of the 
                Bureau under such conditions as the Bureau 
                deems appropriate. If the conditions of 
                confinement are different from those the 
                prisoner would have experienced absent the 
                successful completion of the treatment, the 
                Bureau shall periodically test the prisoner for 
                substance abuse and discontinue such conditions 
                on determining that substance abuse has 
                recurred.
                  (B) Period of custody.--The period a prisoner 
                convicted of a nonviolent offense remains in 
                custody after successfully completing a 
                treatment program may be reduced by the Bureau 
                of Prisons, but such reduction may not be more 
                than one year from the term the prisoner must 
                otherwise serve.
          (3) Report.--The Bureau of Prisons shall transmit to 
        the Committees on the Judiciary of the Senate and the 
        House of Representatives on January 1, 1995, and on 
        January 1 of each year thereafter, a report. Such 
        report shall contain--
                  (A) a detailed quantitative and qualitative 
                description of each substance abuse treatment 
                program, residential or not, operated by the 
                Bureau;
                  (B) a full explanation of how eligibility for 
                such programs is determined, with complete 
                information on what proportion of prisoners 
                with substance abuse problems are eligible; and
                  (C) a complete statement of to what extent 
                the Bureau has achieved compliance with the 
                requirements of this title.
          (4) Authorization of appropriations.--There are 
        authorized to carry out this subsection such sums as 
        may be necessary for each of fiscal years 2007 through 
        2011.
          (5) Definitions.--As used in this subsection--
                  (A) the term ``residential substance abuse 
                treatment'' means a course of individual and 
                group activities and treatment, lasting at 
                least 6 months, in residential treatment 
                facilities set apart from the general prison 
                population (which may include the use of 
                pharmocotherapies, where appropriate, that may 
                extend beyond the 6-month period);
                  (B) the term ``eligible prisoner'' means a 
                prisoner who is--
                          (i) determined by the Bureau of 
                        Prisons to have a substance abuse 
                        problem; and
                          (ii) willing to participate in a 
                        residential substance abuse treatment 
                        program; and
                  (C) the term ``aftercare'' means placement, 
                case management and monitoring of the 
                participant in a community-based substance 
                abuse treatment program when the participant 
                leaves the custody of the Bureau of Prisons.
          (6) Coordination of federal assistance.--The Bureau 
        of Prisons shall consult with the Department of Health 
        and Human Services concerning substance abuse treatment 
        and related services and the incorporation of 
        applicable components of existing comprehensive 
        approaches including relapse prevention and aftercare 
        services.
  (f) Sex Offender Management.--
          (1) In general.--The Bureau of Prisons shall make 
        available appropriate treatment to sex offenders who 
        are in need of and suitable for treatment, as follows:
                  (A) Sex offender management programs.--The 
                Bureau of Prisons shall establish non-
                residential sex offender management programs to 
                provide appropriate treatment, monitoring, and 
                supervision of sex offenders and to provide 
                aftercare during pre-release custody.
                  (B) Residential sex offender treatment 
                programs.--The Bureau of Prisons shall 
                establish residential sex offender treatment 
                programs to provide treatment to sex offenders 
                who volunteer for such programs and are deemed 
                by the Bureau of Prisons to be in need of and 
                suitable for residential treatment.
          (2) Regions.--At least 1 sex offender management 
        program under paragraph (1)(A), and at least one 
        residential sex offender treatment program under 
        paragraph (1)(B), shall be established in each region 
        within the Bureau of Prisons.
          (3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Bureau of Prisons 
        for each fiscal year such sums as may be necessary to 
        carry out this subsection.
  (g) Continued Access to Medical Care.--
          (1) In general.--In order to ensure a minimum 
        standard of health and habitability, the Bureau of 
        Prisons should ensure that each prisoner in a community 
        confinement facility has access to necessary medical 
        care, mental health care, and medicine through 
        partnerships with local health service providers and 
        transition planning.
          (2) Definition.--In this subsection, the term 
        ``community confinement'' has the meaning given that 
        term in the application notes under section 5F1.1 of 
        the Federal Sentencing Guidelines Manual, as in effect 
        on the date of the enactment of the Second Chance Act 
        of 2007.
  (h)  Implementation of Risk and Needs Assessment System.--
          (1) In general.--Not later than 180 days after the 
        Attorney General completes and releases the risk and 
        needs assessment system (referred to in this subsection 
        as the ``System'') developed under subchapter D, the 
        Director of the Bureau of Prisons shall, in accordance 
        with that subchapter--
                  (A) implement and complete the initial intake 
                risk and needs assessment for each prisoner 
                (including for each prisoner who was a prisoner 
                prior the effective date of this subsection), 
                regardless of the prisoner's length of imposed 
                term of imprisonment, and begin to assign 
                prisoners to appropriate evidence-based 
                recidivism reduction programs based on that 
                determination;
                  (B) begin to expand the effective evidence-
                based recidivism reduction programs and 
                productive activities it offers and add any new 
                evidence-based recidivism reduction programs 
                and productive activities necessary to 
                effectively implement the System; and
                  (C) begin to implement the other risk and 
                needs assessment tools necessary to effectively 
                implement the System over time, while prisoners 
                are participating in and completing the 
                effective evidence-based recidivism reduction 
                programs and productive activities.
          (2) Phase-in.--In order to carry out paragraph (1), 
        so that every prisoner has the opportunity to 
        participate in and complete the type, amount, and 
        intensity of evidence-based recidivism reduction 
        programs or productive activities they need, and be 
        reassessed for recidivism risk as necessary to 
        effectively implement the System, the Bureau of Prisons 
        shall--
                  (A) provide such evidence-based recidivism 
                reduction programs and productive activities 
                for all prisoners before the date that is 2 
                years after the date on which the Bureau of 
                Prisons completes a risk and needs assessment 
                for each prisoner under paragraph (1)(A); and
                  (B) develop and validate the risk and needs 
                assessment tool to be used in the reassessments 
                of risk of recidivism, while prisoners are 
                participating in and completing evidence-based 
                recidivism reduction programs and productive 
                activities.
          (3) Priority during phase-in.--During the 2-year 
        period described in paragraph (2)(A), the priority for 
        such programs and activities shall be accorded based on 
        a prisoner's proximity to release date.
          (4) Preliminary expansion of evidence-based 
        recidivism reduction programs and authority to use 
        incentives.--Beginning on the date of the enactment of 
        the FIRST STEP Act, the Bureau of Prisons may begin to 
        expand any evidence-based recidivism reduction programs 
        and productive activities that exist at a prison as of 
        such date, and may offer to prisoners who successfully 
        participate in such programs and activities the 
        incentives and rewards described in subchapter D.
          (5) Recidivism reduction partnerships.--In order to 
        expand evidence-based recidivism reduction programs and 
        productive activities, the Attorney General shall 
        develop policies for the warden of each prison of the 
        Bureau of Prisons to enter into partnerships, subject 
        to the availability of appropriations, with any of the 
        following:
                  (A) Nonprofit and other private 
                organizations, including faith-based, art, and 
                community-based organizations that will deliver 
                recidivism reduction programming on a paid or 
                volunteer basis.
                  (B) Institutions of higher education (as 
                defined in section 101 of the Higher Education 
                Act of 1965 (20 U.S.C. 1001) that will deliver 
                instruction on a paid or volunteer basis.
                  (C) Private entities that will--
                          (i) deliver vocational training and 
                        certifications;
                          (ii) provide equipment to facilitate 
                        vocational training or employment 
                        opportunities for prisoners;
                          (iii) employ prisoners; or
                          (iv) assist prisoners in prerelease 
                        custody or supervised release in 
                        finding employment.
                  (D) Industry-sponsored organizations that 
                will deliver workforce development and 
                training, on a paid or volunteer basis.
          (6) Requirement to provide programs to all prisoners; 
        priority.--The Director of the Bureau of Prisons shall 
        provide all prisoners with the opportunity actively 
        participate in evidence-based recidivism reduction 
        programs or productive activities, according to their 
        specific criminogenic needs, throughout their entire 
        term of incarceration. Priority for participation in 
        recidivism reduction programs shall be given to medium-
        risk and high-risk prisoners, with access to productive 
        activities given to minimum-risk and low-risk 
        prisoners.
          (7) Definitions.--The terms in this subsection have 
        the meaning given those terms in section 3635.

           *       *       *       *       *       *       *

Sec. 3624. Release of a prisoner

  (a) Date of Release.--A prisoner shall be released by the 
Bureau of Prisons on the date of the expiration of the 
prisoner's term of imprisonment, less any time credited toward 
the service of the prisoner's sentence as provided in 
subsection (b). If the date for a prisoner's release falls on a 
Saturday, a Sunday, or a legal holiday at the place of 
confinement, the prisoner may be released by the Bureau on the 
last preceding weekday.
  (b) Credit Toward Service of Sentence for Satisfactory 
Behavior.--
          (1) Subject to paragraph (2), a prisoner who is 
        serving a term of imprisonment of more than 1 year 
        other than a term of imprisonment for the duration of 
        the prisoner's life, may receive credit toward the 
        service of the prisoner's sentence[, beyond the time 
        served, of up to 54 days at the end of each year of the 
        prisoner's term of imprisonment, beginning at the end 
        of the first year of the term,] of up to 54 days for 
        each year of the prisoner's sentence imposed by the 
        court, subject to determination by the Bureau of 
        Prisons that, during that year, the prisoner has 
        displayed exemplary compliance with institutional 
        disciplinary regulations. Subject to paragraph (2), if 
        the Bureau determines that, during that year, the 
        prisoner has not satisfactorily complied with such 
        institutional regulations, the prisoner shall receive 
        no such credit toward service of the prisoner's 
        sentence or shall receive such lesser credit as the 
        Bureau determines to be appropriate. In awarding credit 
        under this section, the Bureau shall consider whether 
        the prisoner, during the relevant period, has earned, 
        or is making satisfactory progress toward earning, a 
        high school diploma or an equivalent degree. Credit 
        that has not been earned may not later be granted. 
        Subject to paragraph (2), [credit for the last year or 
        portion of a year of the term of imprisonment shall be 
        prorated and credited within the last six weeks of the 
        sentence] credit for the last year of a term of 
        imprisonment shall be credited on the first day of the 
        last year of the term of imprisonment.
          (2) Notwithstanding any other law, credit awarded 
        under this subsection after the date of enactment of 
        the Prison Litigation Reform Act shall vest on the date 
        the prisoner is released from custody.
          (3) The Attorney General shall ensure that the Bureau 
        of Prisons has in effect an optional General 
        Educational Development program for inmates who have 
        not earned a high school diploma or its equivalent.
          (4) Exemptions to the General Educational Development 
        requirement may be made as deemed appropriate by the 
        Director of the Federal Bureau of Prisons.
  (c) Prerelease Custody.--
          (1) In general.--The Director of the Bureau of 
        Prisons shall, to the extent practicable, ensure that a 
        prisoner serving a term of imprisonment spends a 
        portion of the final months of that term (not to exceed 
        12 months), under conditions that will afford that 
        prisoner a reasonable opportunity to adjust to and 
        prepare for the reentry of that prisoner into the 
        community. Such conditions may include a community 
        correctional facility.
          (2) Home confinement authority.--The authority under 
        this subsection may be used to place a prisoner in home 
        confinement for the shorter of 10 percent of the term 
        of imprisonment of that prisoner or 6 months. The 
        Bureau of Prisons shall, to the extent practicable, 
        place prisoners with lower risk levels and lower needs 
        on home confinement for the maximum amount of time 
        permitted under this paragraph.
          (3) Assistance.--The United States Probation System 
        shall, to the extent practicable, offer assistance to a 
        prisoner during prerelease custody under this 
        subsection.
          (4) No limitations.--Nothing in this subsection shall 
        be construed to limit or restrict the authority of the 
        Director of the Bureau of Prisons under section 3621.
          (5) Reporting.--Not later than 1 year after the date 
        of the enactment of the Second Chance Act of 2007 (and 
        every year thereafter), the Director of the Bureau of 
        Prisons shall transmit to the Committee on the 
        Judiciary of the Senate and the Committee on the 
        Judiciary of the House of Representatives a report 
        describing the Bureau's utilization of community 
        corrections facilities. Each report under this 
        paragraph shall set forth the number and percentage of 
        Federal prisoners placed in community corrections 
        facilities during the preceding year, the average 
        length of such placements, trends in such utilization, 
        the reasons some prisoners are not placed in community 
        corrections facilities, and any other information that 
        may be useful to the committees in determining if the 
        Bureau is utilizing community corrections facilities in 
        an effective manner.
          (6) Issuance of regulations.--The Director of the 
        Bureau of Prisons shall issue regulations pursuant to 
        this subsection not later than 90 days after the date 
        of the enactment of the Second Chance Act of 2007, 
        which shall ensure that placement in a community 
        correctional facility by the Bureau of Prisons is--
                  (A) conducted in a manner consistent with 
                section 3621(b) of this title;
                  (B) determined on an individual basis; and
                  (C) of sufficient duration to provide the 
                greatest likelihood of successful reintegration 
                into the community.
  (d) Allotment of Clothing, Funds, and Transportation.--Upon 
the release of a prisoner on the expiration of the prisoner's 
term of imprisonment, the Bureau of Prisons shall furnish the 
prisoner with--
          (1) suitable clothing;
          (2) an amount of money, not more than $500, 
        determined by the Director to be consistent with the 
        needs of the offender and the public interest, unless 
        the Director determines that the financial position of 
        the offender is such that no sum should be furnished; 
        and
          (3) transportation to the place of the prisoner's 
        conviction, to the prisoner's bona fide residence 
        within the United States, or to such other place within 
        the United States as may be authorized by the Director.
  (e) Supervision After Release.--A prisoner whose sentence 
includes a term of supervised release after imprisonment shall 
be released by the Bureau of Prisons to the supervision of a 
probation officer who shall, during the term imposed, supervise 
the person released to the degree warranted by the conditions 
specified by the sentencing court. The term of supervised 
release commences on the day the person is released from 
imprisonment and runs concurrently with any Federal, State, or 
local term of probation or supervised release or parole for 
another offense to which the person is subject or becomes 
subject during the term of supervised release. A term of 
supervised release does not run during any period in which the 
person is imprisoned in connection with a conviction for a 
Federal, State, or local crime unless the imprisonment is for a 
period of less than 30 consecutive days. Upon the release of a 
prisoner by the Bureau of Prisons to supervised release, the 
Bureau of Prisons shall notify such prisoner, verbally and in 
writing, of the requirement that the prisoner adhere to an 
installment schedule, not to exceed 2 years except in special 
circumstances, to pay for any fine imposed for the offense 
committed by such prisoner, and of the consequences of failure 
to pay such fines under sections 3611 through 3614 of this 
title.
  (f) Mandatory Functional Literacy Requirement.--
          (1) The Attorney General shall direct the Bureau of 
        Prisons to have in effect a mandatory functional 
        literacy program for all mentally capable inmates who 
        are not functionally literate in each Federal 
        correctional institution within 6 months from the date 
        of the enactment of this Act.
          (2) Each mandatory functional literacy program shall 
        include a requirement that each inmate participate in 
        such program for a mandatory period sufficient to 
        provide the inmate with an adequate opportunity to 
        achieve functional literacy, and appropriate incentives 
        which lead to successful completion of such programs 
        shall be developed and implemented.
          (3) As used in this section, the term ``functional 
        literacy'' means--
                  (A) an eighth grade equivalence in reading 
                and mathematics on a nationally recognized 
                standardized test;
                  (B) functional competency or literacy on a 
                nationally recognized criterion-referenced 
                test; or
                  (C) a combination of subparagraphs (A) and 
                (B).
          (4) Non-English speaking inmates shall be required to 
        participate in an English-As-A-Second-Language program 
        until they function at the equivalence of the eighth 
        grade on a nationally recognized educational 
        achievement test.
          (5) The Chief Executive Officer of each institution 
        shall have authority to grant waivers for good cause as 
        determined and documented on an individual basis.
  (g) Prerelease Custody for Risk and Needs Assessment System 
Participants.--
          (1) Eligible prisoners.--This subsection applies in 
        the case of a prisoner (as such term is defined in 
        section 3635) who--
                  (A) has earned time credits under the risk 
                and needs assessment system developed under 
                subchapter D (referred to in this subsection as 
                the ``System'') in an amount that is equal to 
                the remainder of the prisoner's imposed term of 
                imprisonment;
                  (B) has shown through the periodic risk 
                reassessments a demonstrated recidivism risk 
                reduction or has maintained a minimum or low 
                recidivism risk, during the prisoner's term of 
                imprisonment;
                  (C) has been classified by the warden of the 
                prison as otherwise qualified to be transferred 
                into prerelease custody; and
                  (D)(i) has been determined under the System 
                to be a minimum or low risk to recidivate; or
                  (ii) has had a petition to be transferred to 
                prerelease custody approved by the warden of 
                the prison, after the warden's determination 
                that--
                          (I) the prisoner would not be a 
                        danger to society if transferred to 
                        prerelease custody;
                          (II) the prisoner has made a good 
                        faith effort to lower their recidivism 
                        risk through participation in 
                        recidivism reduction programs or 
                        productive activities;
                          (III) the prisoner is unlikely to 
                        recidivate; and
                          (IV) the transfer of the prisoner to 
                        prerelease custody is otherwise 
                        appropriate.
          (2) Types of prerelease custody.--A prisoner shall be 
        placed in prerelease custody as follows:
                  (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 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; or
                                          (ff) attend religious 
                                        activities; and
                                  (III) comply with such other 
                                conditions as the Director 
                                determines appropriate.
                          (ii) Alternate means of monitoring.--
                        If the electronic monitoring of a 
                        prisoner described in clause (i)(I) is 
                        infeasible for technical or religious 
                        reasons, the Director of the Bureau of 
                        Prisons may use alternative means of 
                        monitoring a prisoner placed in home 
                        confinement that the Director 
                        determines are as effective or more 
                        effective than the electronic 
                        monitoring described in clause (i)(I).
                          (iii) Modifications.--The Director of 
                        the Bureau of Prisons may modify the 
                        conditions described in clause (i) if 
                        the Director determines that a 
                        compelling reason exists to do so, and 
                        that the prisoner has demonstrated 
                        exemplary compliance with such 
                        conditions.
                          (iv) 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.
                  (B) Residential reentry center.--A prisoner 
                placed in prerelease custody pursuant to this 
                subsection who is placed at a residential 
                reentry center shall be subject to such 
                conditions as the Director of the Bureau of 
                Prisons determines appropriate.
          (3) Determination of conditions.--In determining 
        appropriate conditions for prisoners placed in 
        prerelease custody pursuant to this subsection, the 
        Director of the Bureau of Prisons shall, to the extent 
        practicable, provide that increasingly less restrictive 
        conditions shall be imposed on prisoners who 
        demonstrate continued compliance with the conditions of 
        such prerelease custody, so as to most effectively 
        prepare such prisoners for reentry.
          (4) Violations of conditions.--If a prisoner violates 
        a condition of the prisoner's prerelease custody, the 
        Director of the Bureau of Prisons may impose such 
        additional conditions on the prisoner's prerelease 
        custody as the Director of the Bureau of Prisons 
        determines appropriate, or revoke the prisoner's 
        prerelease custody and require the prisoner to serve 
        the remainder of the term of imprisonment to which the 
        prisoner was sentenced, or any portion thereof, in 
        prison.
          (5) Issuance of guidelines.--The Attorney General, in 
        consultation with the Assistant Director for the Office 
        of Probation and Pretrial Services, shall issue 
        guidelines, for use by the Bureau of Prisons in 
        determining--
                  (A) the appropriate type of prerelease 
                custody and level of supervision for a prisoner 
                placed on prerelease custody pursuant to this 
                subsection; and
                  (B) consequences for a violation of a 
                condition of such prerelease custody by such a 
                prisoner, including a return to prison and a 
                reassessment of evidence-based recidivism risk 
                level under the System.
          (6) Agreements with united states probation and 
        pretrial services.--The Director of the Bureau of 
        Prisons shall, to the greatest extent practicable, 
        enter into agreements with United States Probation and 
        Pretrial Services to supervise prisoners placed in home 
        confinement or community supervision under this 
        subsection. Such agreements shall--
                  (A) authorize United States Probation and 
                Pretrial Services to exercise the authority 
                granted to the Director pursuant to paragraphs 
                (3) and (4); and
                  (B) take into account the resource 
                requirements of United States Probation and 
                Pretrial Services as a result of the transfer 
                of Bureau of Prisons prisoners to prerelease 
                custody.
          (7) Assistance.--United States Probation and Pretrial 
        Services shall, to the greatest extent practicable, 
        offer assistance to any prisoner not under its 
        supervision during prerelease custody under this 
        subsection.
          (8) Mentoring services.--Any prerelease custody into 
        which a prisoner is placed under this subsection may 
        not include a condition prohibiting the prisoner from 
        receiving mentoring services from a person who provided 
        such services to the prisoner while the prisoner was 
        incarcerated, except that the warden of the facility at 
        which the prisoner was incarcerated may waive the 
        requirement under this paragraph if the warden finds 
        that the provision of such services would pose a 
        significant security risk to the prisoner, persons who 
        provide such services, or any other person. The warden 
        shall provide written notice of any such waiver to the 
        person providing mentoring services and to the 
        prisoner.
          (9) Time limits inapplicable.--The time limits under 
        subsections (b) and (c) shall not apply to prerelease 
        custody under this subsection.
  (h) Alien Prisoners Subject to Deportation.--If a prisoner 
who is placed in prerelease custody is an alien whose 
deportation was ordered as a condition of such prerelease 
custody or who is subject to a detainer filed by United States 
Immigration and Customs Enforcement for the purposes of 
determining the alien's deportability, United States 
Immigration and Customs Enforcement shall take custody of the 
alien upon the alien's transfer to prerelease custody.

           *       *       *       *       *       *       *

             SUBCHAPTER D--RISK AND NEEDS ASSESSMENT SYSTEM

Sec.
3631. Duties of the Attorney General.
3632. Development of risk and needs assessment system.
3633. Evidence-based recidivism reduction program and recommendations.
3634. Report.
3635. Definitions.

Sec. 3631. Duties of the Attorney General

  (a) In General.--The Attorney General shall carry out this 
subchapter in consultation with--
          (1) the Director of the Bureau of Prisons;
          (2) the Director of the Administrative Office of the 
        United States Courts;
          (3) the Director of the Office of Probation and 
        Pretrial Services;
          (4) the Director of the National Institute of 
        Justice; and
          (5) the Director of the National Institute of 
        Corrections.
  (b) Duties.--The Attorney General shall--
          (1) conduct a review of the existing prisoner risk 
        and needs assessment systems in operation on the date 
        of the enactment of the FIRST STEP Act;
          (2) develop recommendations regarding evidence-based 
        recidivism reduction programs and productive activities 
        in accordance with section 3633;
          (3) conduct ongoing 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;
                  (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
                  (D) products purchased by Federal agencies 
                that are manufactured overseas and could be 
                manufactured by prisoners participating in a 
                prison work program without reducing job 
                opportunities for other workers in the United 
                States;
          (4) on an annual basis, review and validate the risk 
        and needs assessment system, which review shall 
        include--
                  (A) any subsequent changes to the risk and 
                needs assessment system made after the date of 
                the enactment of this subchapter;
                  (B) the recommendations developed under 
                paragraph (2), using the research conducted 
                under paragraph (3);
                  (C) an evaluation to ensure that the risk and 
                needs assessment system bases the assessment of 
                each prisoner's risk of recidivism on 
                indicators of progress, and of regression that 
                are dynamic and that can reasonably be expected 
                to change while in prison;
                  (D) statistical validation of any tools that 
                the risk and needs assessment system uses; and
                  (E) an evaluation of the rates of recidivism 
                among similarly classified prisoners to 
                identify any unwarranted disparities, including 
                disparities among similarly classified 
                prisoners of different demographic groups, in 
                such rates;
          (5) make any revisions or updates to the risk and 
        needs assessment system that the Attorney General 
        determines appropriate pursuant to the review under 
        paragraph (4), including updates to ensure that any 
        disparities identified in paragraph (4)(E) are reduce 
        to the greatest extent possible; and
          (6) report to Congress in accordance with section 
        3634.

Sec. 3632. Development of risk and needs assessment system

  (a) In General.--Not later than 180 days after the date of 
the enactment of the FIRST STEP Act, the Attorney General shall 
develop and release a risk and needs assessment system 
(referred to in this subchapter as the ``System''), which shall 
be used to--
          (1) determine the recidivism risk of each prisoner as 
        part of the intake process, and classify each prisoner 
        as having minimum, low, medium, or high risk for 
        recidivism;
          (2) assess and determine, to the extent practicable, 
        the risk of violent or serious misconduct of each 
        prisoner;
          (3) determine the type, amount, and intensity of 
        evidence-based recidivism reduction programs that are 
        appropriate for each prisoner and assign each prisoner 
        to such programs accordingly, and based on the 
        prisoner's specific criminogenic needs, and in 
        accordance with subsection (b);
          (4) reassess the recidivism risk of each prisoner 
        periodically and reassign the prisoner to appropriate 
        evidence-based recidivism reduction programs or 
        productive activities based on the revised 
        determination to ensure that--
                  (A) all prisoners at each risk level have a 
                meaningful opportunity to reduce their 
                classification during the period of 
                incarceration;
                  (B) to address the specific criminogenic 
                needs of the prisoner; and
                  (C) all prisoners are able to successfully 
                participate in such programs;
          (5) determine when to provide incentives and rewards 
        for successful participation in evidence-based 
        recidivism reduction programs or productive activities 
        in accordance with subsection (e); and
          (6) determine when a prisoner is ready to transfer 
        into prerelease custody in accordance with section 
        3624(c).
In carrying out this subsection, the Attorney General may use 
existing risk and needs assessment tools, as appropriate.
  (b) Assignment of Evidence-based Recidivism Reduction 
Programs.--The System shall provide guidance on the type, 
amount, and intensity of evidence-based recidivism reduction 
programming and productive activities that shall be assigned 
for each prisoner, including--
          (1) programs in which the Bureau of Prisons shall 
        assign the prisoner to participate, according to the 
        prisoner's specific criminogenic needs; and
          (2) information on the best ways that the Bureau of 
        Prisons can tailor the programs to the specific 
        criminogenic needs of each prisoner so as to most 
        effectively lower each prisoner's risk of recidivism.
  (c) Housing and Assignment Decisions.--The System shall 
provide guidance on program grouping and housing assignment 
determinations and, after accounting for the safety of each 
prisoner and other individuals at the prison, provide that 
prisoners with a similar risk level be grouped together in 
housing and assignment decisions to the extent practicable.
  (d) Evidence-based Recidivism Reduction Program Incentives 
and Productive Activities Rewards.--The System shall provide 
incentives and rewards for prisoners to participate in and 
complete evidence-based recidivism reduction programs as 
follows:
          (1) Phone and visitation privileges.--A prisoner who 
        is successfully participating in an evidence-based 
        recidivism reduction program shall receive--
                  (A) phone privileges, or, if available, video 
                conferencing privileges, for up to 30 minutes 
                per day, and up to 510 minutes per month; and
                  (B) additional time for visitation at the 
                prison, as determined by the warden of the 
                prison.
          (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
                  (C) the recommendation from the warden of the 
                prison at which the prisoner is incarcerated at 
                the time of making the request.
          (3) Additional policies.--The Director of the Bureau 
        of Prisons shall develop additional policies to provide 
        appropriate incentives for successful participation and 
        completion of evidence-based recidivism reduction 
        programming. Such incentives shall include not less 
        than two of the following:
                  (A) Increased commissary spending limits and 
                product offerings.
                  (B) Extended opportunities to access the 
                email system.
                  (C) Consideration of transfer to preferred 
                housing units (including transfer to different 
                prison facilities).
                  (D) Other incentives solicited from prisoners 
                and determined appropriate by the Director.
          (4) Time credits.--
                  (A) In general.--A prisoner, except for an 
                ineligible prisoner under subparagraph (D), who 
                successfully completes evidence-based 
                recidivism reduction programming or productive 
                activities, shall earn time credits as follows:
                          (i) A prisoner shall earn 10 days of 
                        time credits for every 30 days of 
                        successful participation in evidence-
                        based recidivism reduction programming 
                        or productive activities.
                          (ii) A prisoner determined by the 
                        Bureau of Prisons to be at a minimum or 
                        low risk for recidivating, who, over 
                        two consecutive assessments, has not 
                        increased their risk of recidivism, 
                        shall earn an additional 5 days of time 
                        credits for every 30 days of successful 
                        participation in evidence-based 
                        recidivism reduction programming or 
                        productive activities.
                  (B) Availability.--A prisoner may not earn 
                time credits under this paragraph for an 
                evidence-based recidivism reduction program 
                that the prisoner successfully completed--
                          (i) prior to the date of the 
                        enactment of this Act;
                          (ii) during official detention prior 
                        to the date that the prisoner's 
                        sentence commences under section 
                        3585(a); or
                          (iii) if that prisoner is an 
                        inadmissible or deportable alien under 
                        the immigration laws (as such term is 
                        defined in section 101 of the 
                        Immigration and Nationality Act (8 
                        U.S.C. 1101)).
                  (C) Application of time credits toward pre-
                release custody.--Time credits earned under 
                this paragraph by prisoners who successfully 
                participate in recidivism reduction programs or 
                productive activities and who have been 
                determined to be at minimum risk or low risk 
                for recidivating pursuant to their last two 
                reassessments shall be applied toward time in 
                pre-release custody. The Director of the Bureau 
                of Prisons shall transfer prisoners described 
                in this subparagraph into prerelease custody, 
                except that the Director of the Bureau of 
                Prisons may deny such a transfer if the warden 
                of the prison finds by clear and convincing 
                evidence that the prisoner should not be 
                transferred into prerelease custody based only 
                on evidence of the prisoner's actions after the 
                conviction of such prisoner and not based on 
                evidence from the underlying conviction, and 
                submits a detailed written statement regarding 
                such finding to the Director of the Bureau of 
                Prisons.
                  (D) Ineligible prisoners.--A prisoner is 
                ineligible to receive time credits under this 
                paragraph if the prisoner is service a sentence 
                for a conviction under any of the following 
                provisions of law:
                          (i) Section 113(a)(1), relating to 
                        assault with intent to commit murder.
                          (ii) Section 115, relating to 
                        influencing, impeding, or retaliating 
                        against a Federal official by injuring 
                        a family member, except for a threat 
                        made in violation of that section.
                          (iii) Any section of chapter 10, 
                        relating to biological weapons.
                          (iv) Any section of chapter 11B, 
                        relating to chemical weapons.
                          (v) Section 351, relating to 
                        Congressional, Cabinet, and Supreme 
                        Court assassination, kidnapping, and 
                        assault.
                          (vi) Section 793, relating to 
                        gathering, transmitting, or losing 
                        defense information.
                          (vii) Section 794, relating to 
                        gathering or delivering defense 
                        information to aid a foreign 
                        government.
                          (viii) Any section of chapter 39, 
                        relating to explosives and other 
                        dangerous articles, except for section 
                        836 (relating to the transportation of 
                        fireworks into a State prohibiting sale 
                        or use).
                          (ix) Section 842(p), relating to 
                        distribution of information relating to 
                        explosive, destructive devices, and 
                        weapons of mass destruction, but only 
                        if the conviction involved a weapon of 
                        mass destruction (as defined in section 
                        2332a(c)(2) of such title).
                          (x) Subsection (f)(3), (h), or (i) of 
                        section 844, relating to the use of 
                        fire or an explosive.
                          (xi) Section 924(e), relating to 
                        unlawful possession of a firearm by a 
                        person with 3 or more convictions for a 
                        violent felony.
                          (xii) Section 1030(a)(1), relating to 
                        fraud and related activity in 
                        connection with computers.
                          (xiii) Any section of chapter 51, 
                        relating to homicide, except for 
                        section 1112 (relating to 
                        manslaughter), 1113 (relating to 
                        attempt to commit murder or 
                        manslaughter, but only if the 
                        conviction was for an attempt to commit 
                        manslaughter), 1115 (relating to 
                        misconduct or neglect of ship 
                        officers), or 1122 (relating to 
                        protection against the human 
                        immunodeficiency virus).
                          (xiv) Any section of chapter 55, 
                        relating to kidnapping.
                          (xv) Any offense under chapter 77, 
                        relating to peonage, slavery, and 
                        trafficking in persons, except for 
                        sections 1592 through 1596.
                          (xvi) Section 1751, relating to 
                        Presidential and Presidential staff 
                        assassination, kidnapping, and assault.
                          (xvii) Section 1841(a)(2)(C), 
                        relating to intentionally killing or 
                        attempting to kill an unborn child.
                          (xviii) Section 1992, relating to 
                        terrorist attacks and other violence 
                        against railroad carriers and against 
                        mass transportation systems on land, on 
                        water, or through the air.
                          (xix) Section 2113(e), relating to 
                        bank robbery resulting in death.
                          (xx) Section 2118(c)(2), relating to 
                        robberies and burglaries involving 
                        controlled substances resulting in 
                        death.
                          (xxi) Section 2119(3), relating to 
                        taking a motor vehicle (commonly 
                        referred to as ``carjacking'') that 
                        results in death.
                          (xxii) Any section of chapter 105, 
                        relating to sabotage, except for 
                        section 2152.
                          (xxiii) Any section of chapter 109A, 
                        relating to sexual abuse, except that 
                        with regard to section 2244, only a 
                        conviction under subsection (c) of that 
                        section (relating to abusive sexual 
                        contact involving young children) shall 
                        make a prisoner ineligible under this 
                        subparagraph.
                          (xxiv) Section 2251, relating to the 
                        sexual exploitation of children.
                          (xxv) Section 2251A, relating to the 
                        selling or buying of children.
                          (xxvi) Any of paragraphs (1) through 
                        (3) of section 2252(a), relating to 
                        certain activities relating to material 
                        involving the sexual exploitation of 
                        minors.
                          (xxvii) A second or subsequent 
                        conviction under any of paragraphs (1) 
                        through (6) of section 2252A(a), 
                        relating to certain activities relating 
                        to material constituting or containing 
                        child pornography.
                          (xxviii) Section 2260, relating to 
                        the production of sexually explicit 
                        depictions of a minor for importation 
                        into the United States.
                          (xxix) Section 2283, relating to the 
                        transportation of explosive, 
                        biological, chemical, or radioactive or 
                        nuclear materials.
                          (xxx) Section 2284, relating to the 
                        transportation of terrorists.
                          (xxxi) Section 2291, relating to the 
                        destruction of a vessel or maritime 
                        facility, but only if the conduct which 
                        led to the conviction involved a 
                        substantial risk of death or serious 
                        bodily injury.
                          (xxxii) Any section of chapter 113B, 
                        relating to terrorism.
                          (xxxiii) Section 2340A, relating to 
                        torture.
                          (xxxiv) Section 2381, relating to 
                        treason.
                          (xxxv) Section 2442, relating to the 
                        recruitment or use of child soldiers.
                          (xxxvi) Section 57(b) of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2077(b)), 
                        relating to the engagement or 
                        participation in the development or 
                        production of special nuclear material.
                          (xxxvii) Section 92 of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2122), 
                        relating to prohibitions governing 
                        atomic weapons.
                          (xxxviii) Section 101 of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2131), 
                        relating to the atomic energy license 
                        requirement.
                          (xxxix) Section 224 or 225 of the 
                        Atomic Energy Act of 1954 (42 U.S.C. 
                        2274, 2275), relating to the 
                        communication or receipt of restricted 
                        data.
                          (xl) Section 236 of the Atomic Energy 
                        Act of 1954 (42 U.S.C. 2284), relating 
                        to the sabotage of nuclear facilities 
                        or fuel.
                          (xli) Section 60123(b) of title 49, 
                        United States Code, relating to 
                        damaging or destroying a pipeline 
                        facility, but only if the conduct which 
                        led to the conviction involved a 
                        substantial risk of death or serious 
                        bodily injury.
                          (xlii) Section 401(a) of the 
                        Controlled Substances Act (21 U.S.C. 
                        841), relating to manufacturing or 
                        distributing a controlled substance, 
                        but only in the case of a conviction 
                        for an offense described in 
                        subparagraph (A), (B), or (C) of 
                        subsection (b)(1) of that section for 
                        which death or serious bodily injury 
                        resulted from the use of such 
                        substance.
                          (xliii) Section 276(a) of the 
                        Immigration and Nationality Act (8 
                        U.S.C. 1326), relating to the reentry 
                        of a removed alien, but only if the 
                        alien is described in paragraph (1) or 
                        (2) of subsection (b) of that section.
                          (xliv) Any section of the Export 
                        Administration Act of 1979 (50 U.S.C. 
                        App. 2401 et seq.)
                          (xlv) Section 206 of the 
                        International Emergency Economic Powers 
                        Act (50 U.S.C. 1705).
                          (xlvi) Section 601 of the National 
                        Security Act of 1947 (50 U.S.C. 3121), 
                        relating to the protection of 
                        identities of certain United States 
                        undercover intelligence officers, 
                        agents, informants, and sources.
                          (xlvii) An offense described in 
                        section 3559(c)(2)(F), for which the 
                        offender was sentenced to a term of 
                        imprisonment of more than one year, if 
                        the offender has a previous conviction, 
                        for which the offender served a term of 
                        imprisonment of more than one year, for 
                        a Federal or State offense, by whatever 
                        designation and wherever committed, 
                        consisting of murder (as described in 
                        section 1111), voluntary manslaughter 
                        (as described in section 1112), assault 
                        with intent to commit murder (as 
                        described in section 113(a)), 
                        aggravated sexual abuse and sexual 
                        abuse (as described in sections 2241 
                        and 2242), abusive sexual contact (as 
                        described in sections 2244(a)(1) and 
                        (a)(2)), kidnapping (as described in 
                        chapter 55), carjacking (as described 
                        in section 2119), arson (as described 
                        in section 844(f)(3), (h), or (i)), or 
                        terrorism (as described in chapter 
                        113B).
                          (xlviii) Section 2118(c)(2) of title 
                        18, United States Code, relating to 
                        robberies and burglaries involving 
                        controlled substances resulting in 
                        death.
          (5) Risk reassessments and level adjustment.--A 
        prisoner who successfully participates in evidence-
        based recidivism reduction programming or productive 
        activities shall receive periodic risk reassessments 
        not less often than annually, and a prisoner determined 
        to be at a medium or high risk of recidivating and who 
        has less than 5 years until his or her projected 
        release date shall receive more frequent risk 
        reassessments. If the reassessment shows that the 
        prisoner's risk of recidivating or specific needs have 
        changed, the Bureau of Prisons shall update the 
        determination of the prisoner's risk of recidivating or 
        information regarding the prisoner's specific needs and 
        reassign the prisoner to appropriate evidence-based 
        recidivism reduction programming or productive 
        activities based on such changes.
          (6) Relation to other incentive programs.--The 
        incentives described in this subsection shall be in 
        addition to any other rewards or incentives for which a 
        prisoner may be eligible.
  (e) Penalties.--The Director of the Bureau of Prisons shall 
develop guidelines for the reduction of rewards and incentives 
earned under subsection (e) for prisoners who violate prison 
rules or evidence-based recidivism reduction program or 
productive activity rules, which shall provide--
          (1) general levels of violations and resulting 
        reductions;
          (2) that any reduction that includes the loss of time 
        credits shall require written notice to the prisoner, 
        shall be limited to time credits that a prisoner earned 
        as of the date of the prisoner's rule violation, and 
        shall not include any future time credits that the 
        prisoner may earn; and
          (3) for a procedure to restore time credits that a 
        prisoner lost as a result of a rule violation based on 
        the prisoner's individual progress after the date of 
        the rule violation.
  (f) Bureau of Prisons Training.--The Attorney General shall 
develop and implement training programs for Bureau of Prisons 
officers and employees responsible for administering the 
System, which shall include--
          (1) initial training to educate officers and 
        employees on how to use the System in an appropriate 
        and consistent manner, as well as the reasons for using 
        the System;
          (2) continuing education;
          (3) periodic training updates; and
          (4) a requirement that such officers and employees 
        demonstrate competence in administering the System, 
        including interrater reliability, on a biannual basis.
  (g) Quality Assurance.--In order to ensure that the Bureau of 
Prisons is using the System in an appropriate and consistent 
manner, the Attorney General shall monitor and assess the use 
of the System, which shall include conducting annual audits of 
the Bureau of Prisons regarding the use of the System.

Sec. 3633. Evidence-based recidivism reduction program and 
                    recommendations

  Prior to releasing the System, the Attorney General shall--
          (1) review the effectiveness of evidence-based 
        recidivism reduction programs that exist as of the date 
        of the enactment of this subchapter in prisons operated 
        by the Bureau of Prisons;
          (2) review available information regarding the 
        effectiveness of evidence-based recidivism reduction 
        programs and productive activities that exist in State-
        operated prisons throughout the United States;
          (3) identify the most effective evidence-based 
        recidivism reduction programs;
          (4) review the policies for entering into evidence-
        based recidivism reduction partnerships described in 
        section 3621(h)(5); and
          (5) direct the Bureau of Prisons regarding--
                  (A) evidence-based recidivism reduction 
                programs;
                  (B) the ability for faith-based organizations 
                to function as a provider of educational 
                evidence-based programs outside of the 
                religious classes and services provided through 
                the Chaplaincy; and
                  (C) the addition of any new effective 
                evidence-based recidivism reduction programs 
                that the Attorney General finds.

Sec. 3634. Report

  Beginning on the date that is two years after the date of the 
enactment of this subchapter, and annually thereafter for a 
period of 5 years, the Attorney General shall submit a report 
to the Committees on the Judiciary of the Senate and the House 
of Representatives and the Subcommittees on Commerce, Justice, 
Science, and Related Agencies of the Committees on 
Appropriations of the Senate and the House of Representatives 
that contains the following:
          (1) A summary of the activities and accomplishments 
        of the Attorney General in carrying out this Act.
          (2) A summary and assessment of the types and 
        effectiveness of the evidence-based recidivism 
        reduction programs and productive activities in prisons 
        operated by the Bureau of Prisons, including--
                  (A) evidence about which programs have been 
                shown to reduce recidivism;
                  (B) the capacity of each program and activity 
                at each prison, including the number of 
                prisoners along with the recidivism risk of 
                each prisoner enrolled in each program; and
                  (C) identification of any gaps or shortages 
                in capacity of such programs and activities.
          (3) Rates of recidivism among individuals who have 
        been released from Federal prison, based on the 
        following criteria:
                  (A) The primary offense of conviction.
                  (B) The length of the sentence imposed and 
                served.
                  (C) The Bureau of Prisons facility or 
                facilities in which the prisoner's sentence was 
                served.
                  (D) The evidence-based recidivism reduction 
                programming that the prisoner successfully 
                completed, if any.
                  (E) The prisoner's assessed and reassessed 
                risk of recidivism.
                  (F) The productive activities that the 
                prisoner successfully completed, if any.
          (4) The status of prison work programs at facilities 
        operated by the Bureau of Prisons, including--
                  (A) a strategy to expand the availability of 
                such programs without reducing job 
                opportunities for workers in the United States 
                who are not in the custody of the Bureau of 
                Prisons, including the feasibility of prisoners 
                manufacturing products purchased by Federal 
                agencies that are manufactured overseas;
                  (B) an assessment of the feasibility of 
                expanding such programs, consistent with the 
                strategy required under subparagraph (A), with 
                the goal that 5 years after the date of 
                enactment of this Act, not less than 75 percent 
                of eligible minimum and low risk offenders have 
                the opportunity to participate in a prison work 
                program for not less than 20 hours per week; 
                and
                  (C) a detailed discussion of legal 
                authorities that would be useful or necessary 
                to achieve the goals described in subparagraphs 
                (A) and (B).
          (5) An assessment of the Bureau of Prisons' 
        compliance with section 3621(h).
          (6) An assessment of progress made toward carrying 
        out the purposes of this subchapter, including any 
        savings associated with--
                  (A) the transfer of prisoners into prerelease 
                custody under section 3624(g) including savings 
                resulting from the avoidance or deferral of 
                future construction, acquisition, and 
                operations costs; and
                  (B) any decrease in recidivism that may be 
                attributed to the System or the increase in 
                evidence-based recidivism reduction programs 
                required under chapter.
          (7) Recommendations for how to reinvest any savings 
        into other Federal, State, and local law enforcement 
        activities and evidence-based recidivism reduction 
        programs in the Bureau of Prisons.

Sec. 3635. Definitions

  In this subchapter the following definitions apply:
          (1) Evidence-based recidivism reduction program.--The 
        term ``evidence-based recidivism reduction program'' 
        means either a group or individual activity that--
                  (A) has been shown by empirical evidence to 
                reduce recidivism or is based on research 
                indicating that it is likely to be effective in 
                reducing recidivism;
                  (B) is designed to help prisoners succeed in 
                their communities upon release from prison; and
                  (C) may include--
                          (i) social learning and 
                        communication, interpersonal, anti-
                        bullying, rejection response, and other 
                        life skills;
                          (ii) family relationship building, 
                        structured parent-child interaction, 
                        and parenting skills;
                          (iii) classes on morals or ethics;
                          (iv) academic classes;
                          (v) cognitive behavioral treatment;
                          (vi) mentoring;
                          (vii) substance abuse treatment;
                          (viii) vocational training;
                          (ix) faith-based classes or services;
                          (x) civic engagement and 
                        reintegrative community services;
                          (xi) a prison job, including through 
                        a prison work program;
                          (xii) victim impact classes or other 
                        restorative justice programs; and
                          (xiii) trauma counseling and trauma-
                        informed support programs.
          (2) Prisoner.--The term ``prisoner'' means a person 
        who has been sentenced to a term of imprisonment 
        pursuant to a conviction for a Federal criminal 
        offense, or a person in the custody of the Bureau of 
        Prisons.
          (3) Risk and needs assessment tool.--The term ``risk 
        and needs assessment tool'' means an objective and 
        statistically validated method through which 
        information is collected and evaluated to determine--
                  (A) the risk that a prisoner will recidivate 
                upon release from prison; and
                  (B) the recidivism reduction programs that 
                will best minimize the risk that the prisoner 
                will recidivate upon release from prison.
          (4) Productive activity.--The term ``productive 
        activity'' means either a group or individual activity 
        that is designed to allow prisoners determined as 
        having a low or no risk of recidivating to remain 
        productive and thereby maintain a minimum or low risk 
        of recidivating, and may include the delivery of the 
        programs described in paragraph (1) to other prisoners.

           *       *       *       *       *       *       *

PART III--PRISONS AND PRISONERS

           *       *       *       *       *       *       *

                     CHAPTER 303--BUREAU OF PRISONS

Sec.
4041. Bureau of Prisons; director and employees.
     * * * * * * *
4050. Secure firearms storage.

           *       *       *       *       *       *       *

Sec. 4042. Duties of Bureau of Prisons

  (a) In General.--The Bureau of Prisons, under the direction 
of the Attorney General, shall--
          (1) have charge of the management and regulation of 
        all Federal penal and correctional institutions;
          (2) provide suitable quarters and provide for the 
        safekeeping, care, and subsistence of all persons 
        charged with or convicted of offenses against the 
        United States, or held as witnesses or otherwise;
          (3) provide for the protection, instruction, and 
        discipline of all persons charged with or convicted of 
        offenses against the United States;
          (4) provide technical assistance to State, tribal, 
        and local governments in the improvement of their 
        correctional systems;
          (5) provide notice of release of prisoners in 
        accordance with subsections (b) and (c);
          [(D)] (6) establish prerelease planning procedures 
        that help prisoners--
                  [(i)] (A) apply for Federal and State 
                benefits upon release (including [Social 
                Security Cards,] Social Security benefits, and 
                veterans' benefits); [and]
                  (B) obtain identification, including a social 
                security card, driver's license or other 
                official photo identification, and a birth 
                certificate; and
                  [(ii)] (C) secure such identification and 
                benefits prior to release from a sentence to a 
                term of imprisonment in a Federal prison or if 
                the individual was not sentenced to a term of 
                imprisonment in a Federal prison, prior to 
                release from a sentence to a term of community 
                confinement, subject to any limitations in law; 
                and
          [(E)] (7) establish reentry planning procedures that 
        include providing Federal prisoners with information in 
        the following areas:
                  [(i)] (A) Health and nutrition.
                  [(ii)] (B) Employment.
                  [(iii)] (C) Literacy and education.
                  [(iv)] (D) Personal finance and consumer 
                skills.
                  [(v)] (E) Community resources.
                  [(vi)] (F) Personal growth and development.
                  [(vii)] (G) Release requirements and 
                procedures.
  (b) Notice of Release of Prisoners.--(1) At least 5 days 
prior to the date on which a prisoner described in paragraph 
(3) is to be released on supervised release, or, in the case of 
a prisoner on supervised release, at least 5 days prior to the 
date on which the prisoner changes residence to a new 
jurisdiction, written notice of the release or change of 
residence shall be provided to the chief law enforcement 
officers of each State, tribal, and local jurisdiction in which 
the prisoner will reside. Notice prior to release shall be 
provided by the Director of the Bureau of Prisons. Notice 
concerning a change of residence following release shall be 
provided by the probation officer responsible for the 
supervision of the released prisoner, or in a manner specified 
by the Director of the Administrative Office of the United 
States Courts. The notice requirements under this subsection do 
not apply in relation to a prisoner being protected under 
chapter 224.
  (2) A notice under paragraph (1) shall disclose--
          (A) the prisoner's name;
          (B) the prisoner's criminal history, including a 
        description of the offense of which the prisoner was 
        convicted; and
          (C) any restrictions on conduct or other conditions 
        to the release of the prisoner that are imposed by law, 
        the sentencing court, or the Bureau of Prisons or any 
        other Federal agency.
  (3) A prisoner is described in this paragraph if the prisoner 
was convicted of--
          (A) a drug trafficking crime, as that term is defined 
        in section 924(c)(2); or
          (B) a crime of violence (as defined in section 
        924(c)(3)).
  (c) Notice of Sex Offender Release.--(1) In the case of a 
person described in paragraph (3), or any other person in a 
category specified by the Attorney General, who is released 
from prison or sentenced to probation, notice shall be provided 
to--
          (A) the chief law enforcement officer of each State, 
        tribal, and local jurisdiction in which the person will 
        reside; and
          (B) a State, tribal, or local agency responsible for 
        the receipt or maintenance of sex offender registration 
        information in the State, tribal, or local jurisdiction 
        in which the person will reside.
The notice requirements under this subsection do not apply in 
relation to a person being protected under chapter 224.
  (2) Notice provided under paragraph (1) shall include the 
information described in subsection (b)(2), the place where the 
person will reside, and the information that the person shall 
register as required by the Sex Offender Registration and 
Notification Act. For a person who is released from the custody 
of the Bureau of Prisons whose expected place of residence 
following release is known to the Bureau of Prisons, notice 
shall be provided at least 5 days prior to release by the 
Director of the Bureau of Prisons. For a person who is 
sentenced to probation, notice shall be provided promptly by 
the probation officer responsible for the supervision of the 
person, or in a manner specified by the Director of the 
Administrative Office of the United States Courts. Notice 
concerning a subsequent change of residence by a person 
described in paragraph (3) during any period of probation, 
supervised release, or parole shall also be provided to the 
agencies and officers specified in paragraph (1) by the 
probation officer responsible for the supervision of the 
person, or in a manner specified by the Director of the 
Administrative Office of the United States Courts.
  (3) The Director of the Bureau of Prisons shall inform a 
person who is released from prison and required to register 
under the Sex Offender Registration and Notification Act of the 
requirements of that Act as they apply to that person and the 
same information shall be provided to a person sentenced to 
probation by the probation officer responsible for supervision 
of that person.
  (5) The United States and its agencies, officers, and 
employees shall be immune from liability based on good faith 
conduct in carrying out this subsection and subsection (b).
  (d) Application of Section.--This section shall not apply to 
military or naval penal or correctional institutions or the 
persons confined therein.

           *       *       *       *       *       *       *

Sec. 4050. Secure firearms storage

  (a) Definitions.--In this section--
          (1) the term ``employee'' means a qualified law 
        enforcement officer employed by the Bureau of Prisons; 
        and
          (2) the terms ``firearm'' and ``qualified law 
        enforcement officer'' have the meanings given those 
        terms under section 926B.
  (b) Secure Firearms Storage.--The Director of the Bureau of 
Prisons shall ensure that each chief executive officer of a 
Federal penal or correctional institution--
          (1)(A) provides a secure storage area located outside 
        of the secure perimeter of the institution for 
        employees to store firearms; or
          (B) allows employees to store firearms in a vehicle 
        lockbox approved by the Director of the Bureau of 
        Prisons; and
          (2) notwithstanding any other provision of law, 
        allows employees to carry concealed firearms on the 
        premises outside of the secure perimeter of the 
        institution.

           *       *       *       *       *       *       *

                        CHAPTER 307--EMPLOYMENT

Sec.
4121. Federal Prison Industries; board of directors.
     * * * * * * *
4130. Additional markets.

           *       *       *       *       *       *       *

Sec. 4126. Prison Industries Fund; use and settlement of accounts

  (a) All moneys under the control of Federal Prison 
Industries, or received from the sale of the products or by-
products of such Industries, or for the services of federal 
prisoners, shall be deposited or covered into the Treasury of 
the United States to the credit of the Prison Industries Fund 
and withdrawn therefrom only pursuant to accountable warrants 
or certificates of settlement issued by the Government 
Accountability Office.
  (b) All valid claims and obligations payable out of said fund 
shall be assumed by the corporation.
  (c) The corporation, in accordance with the laws generally 
applicable to the expenditures of the several departments, 
agencies, and establishments of the Government, is authorized 
to employ the fund, and any earnings that may accrue to the 
corporation--
          (1) as operating capital in performing the duties 
        imposed by this chapter;
          (2) in the lease, purchase, other acquisition, 
        repair, alteration, erection, and maintenance of 
        industrial buildings and equipment;
          (3) in the vocational training of inmates without 
        regard to their industrial or other assignments;
          (4) in paying, under rules and regulations 
        promulgated by the Attorney General, compensation to 
        inmates employed in any industry, or performing 
        outstanding services in institutional operations, not 
        less than 15 percent of such compensation for any 
        inmate shall be reserved in the fund or a separate 
        account and made available to assist the inmate with 
        costs associated with release from prison, and 
        compensation to inmates or their dependents for 
        injuries suffered in any industry or in any work 
        activity in connection with the maintenance or 
        operation of the institution in which the inmates are 
        confined.
In no event may compensation for such injuries be paid in an 
amount greater than that provided in chapter 81 of title 5.
  (d) Accounts of all receipts and disbursements of the 
corporation shall be rendered to the Government Accountability 
Office for settlement and adjustment, as required by the 
Comptroller General.
  (e) Such accounting shall include all fiscal transactions of 
the corporation, whether involving appropriated moneys, 
capital, or receipts from other sources.
  (f) Funds available to the corporation may be used for the 
lease, purchase, other acquisition, repair, alteration, 
erection, or maintenance of facilities only to the extent such 
facilities are necessary for the industrial operations of the 
corporation under this chapter. Such funds may not be used for 
the construction or acquisition of penal or correctional 
institutions, including camps described in section 4125.

           *       *       *       *       *       *       *

Sec. 4130. Additional markets

  (a) In General.--Notwithstanding any other provision of law, 
Federal Prison Industries may sell products to--
          (1) public entities for use in penal or correctional 
        institutions;
          (2) public entities for use in disaster relief or 
        emergency response;
          (3) the government of the District of Columbia; and
          (4) any organization described in section 501(c)(3), 
        (c)(4), or (d) of the Internal Revenue Code of 1986 
        that is exempt from taxation under section 501(a) of 
        such Code.
  (b) Definitions.--In this section:
          (1) The term ``public entity'' means a State, a 
        subdivision of a State, an Indian tribe, and an agency 
        or governmental corporation or business of any of the 
        foregoing.
          (2) The term ``State'' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, Guam, 
        American Samoa, the Northern Mariana Islands, and the 
        United States Virgin Islands.

           *       *       *       *       *       *       *

                  CHAPTER 317--INSTITUTIONS FOR WOMEN

Sec.
4321. Board of Advisers.
4322. Use of restraints on prisoners during the period of pregnancy, 
          labor, and postpartum recovery prohibited.

           *       *       *       *       *       *       *

Sec. 4322. Use of restraints on prisoners during the period of 
                    pregnancy, labor, and postpartum recovery 
                    prohibited

  (a) Prohibition.--Except as provided in subsection (b), 
beginning on the date on which pregnancy is confirmed by a 
healthcare professional, and ending at the conclusion of 
postpartum recovery, a prisoner in the custody of the Bureau of 
Prisons, or in the custody of the United States Marshals 
Service pursuant to section 4086, shall not be placed in 
restraints.
  (b) Exceptions.--
          (1) In general.--The prohibition under subsection (a) 
        shall not apply if--
                  (A) an appropriate corrections official, or a 
                United States marshal, as applicable, makes a 
                determination that the prisoner--
                          (i) is an immediate and credible 
                        flight risk that cannot reasonably be 
                        prevented by other means; or
                          (ii) poses an immediate and serious 
                        threat of harm to herself or others 
                        that cannot reasonably be prevented by 
                        other means; or
                  (B) a health care professional responsible 
                for the health and safety of the prisoner 
                determines that the use of restraints is 
                appropriate for the medical safety of the 
                prisoner.
          (2) Least restrictive restraints.--In the case that 
        restraints are used pursuant to an exception under 
        paragraph (1), only the least restrictive restraints 
        necessary to prevent the harm or risk of escape 
        described in paragraph (1) may be used.
          (3) Application.--
                  (A) In general.--The exceptions under 
                paragraph (1) may not be applied--
                          (i) to place restraints around the 
                        ankles, legs, or waist of a prisoner;
                          (ii) to restrain a prisoner's hands 
                        behind her back;
                          (iii) to restrain a prisoner using 
                        four-point restraints; or
                          (iv) to attach a prisoner to another 
                        prisoner.
                  (B) Medical request.--Notwithstanding 
                paragraph (1), upon the request of a healthcare 
                professional who is responsible for the health 
                and safety of a prisoner, a corrections 
                official or United States marshal, as 
                applicable, shall refrain from using restraints 
                on the prisoner or remove restraints used on 
                the prisoner.
  (c) Reports.--
          (1) Report to the director and healthcare 
        professional.--If a corrections official or United 
        States marshal uses restraints on a prisoner under 
        subsection (b)(1), that official or marshal shall 
        submit, not later than 30 days after placing the 
        prisoner in restraints, to the Director of the Bureau 
        of Prisons or the Director of the United States 
        Marshals Service, as applicable, and to the healthcare 
        professional responsible for the health and safety of 
        the prisoner, a written report which describes the 
        facts and circumstances surrounding the use of 
        restraints, and includes--
                  (A) the reasoning upon which the 
                determination to use restraints was made;
                  (B) the details of the use of restraints, 
                including the type of restraints used and 
                length of time during which restraints were 
                used; and
                  (C) any resulting physical effects on the 
                prisoner observed by or known to the 
                corrections official or United States marshal, 
                as applicable.
          (2) Supplemental report to the director.--Upon 
        receipt of a report under subsection (c)(1), the 
        healthcare professional responsible for the health and 
        safety of the prisoner may submit to the Director such 
        information as the healthcare professional determines 
        is relevant to the use of restraints on the prisoner.
          (3) Report to judiciary committees.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of this Act, and annually 
                thereafter, the Director of the Bureau of 
                Prisons and the Director of the United States 
                Marshals Service shall each submit to the 
                Judiciary Committee of the Senate and of the 
                House of Representatives a report that 
                certifies compliance with this section and 
                includes the information required to be 
                reported under paragraph (1).
                  (B) Personally identifiable information.--The 
                report under this paragraph shall not contain 
                any personally identifiable information of any 
                prisoner.
  (d) Notice.--Not later than 48 hours after the confirmation 
of a prisoner's pregnancy by a health care professional, that 
prisoner shall be notified by an appropriate health care 
professional, corrections official, or United States marshal, 
as applicable, of the restrictions on the use of restraints 
under this section.
  (e) Violation Reporting Process.--The Director of the Bureau 
of Prisons, in consultation with the Director of the United 
States Marshals Service, shall establish a process through 
which a prisoner may report a violation of this section.
  (f) Training.--
          (1) In general.--The Director of the Bureau of 
        Prisons and the Director of the United States Marshals 
        Service shall each develop training guidelines 
        regarding the use of restraints on female prisoners 
        during the period of pregnancy, labor, and postpartum 
        recovery, and shall incorporate such guidelines into 
        appropriate training programs. Such training guidelines 
        shall include--
                  (A) how to identify certain symptoms of 
                pregnancy that require immediate referral to a 
                health care professional;
                  (B) circumstances under which the exceptions 
                under subsection (b) would apply;
                  (C) in the case that an exception under 
                subsection (b) applies, how to apply restraints 
                in a way that does not harm the prisoner, the 
                fetus, or the neonate;
                  (D) the information required to be reported 
                under subsection (c); and
                  (E) the right of a health care professional 
                to request that restraints not be used, and the 
                requirement under subsection (b)(3)(B) to 
                comply with such a request.
          (2) Development of guidelines.--In developing the 
        guidelines required by paragraph (1), the Directors 
        shall each consult with health care professionals with 
        expertise in caring for women during the period of 
        pregnancy and postpartum recovery.
  (g) Definitions.--For purposes of this section:
          (1) The term ``postpartum recovery'' means the 
        twelve-week period, or longer as determined by the 
        healthcare professional responsible for the health and 
        safety of the prisoner, following delivery, and shall 
        include the entire period that the prisoner is in the 
        hospital or infirmary.
          (2) The term ``restraints'' means any physical or 
        mechanical device used to control the movement of a 
        prisoner's body, limbs, or both.
          (3) The term ``prisoner'' means a person who has been 
        sentenced to a term of imprisonment pursuant to a 
        conviction for a Federal criminal offense, or a person 
        in the custody of the Bureau of Prisons, including a 
        person in a Bureau of Prisons contracted facility.

           *       *       *       *       *       *       *

             CHAPTER 319--NATIONAL INSTITUTE OF CORRECTIONS

[Sec. 4351. Establishment; Advisory Board; appointment of members; 
                    compensation; officers; committees; delegation of 
                    powers; Director, appointment and powers

  [(a) There is hereby established within the Bureau of Prisons 
a National Institute of Corrections.
  [(b) The overall policy and operations of the National 
Institute of Corrections shall be under the supervision of an 
Advisory Board. The Board shall consist of sixteen members. The 
following six individuals shall serve as members of the 
Commission ex officio: the Director of the Federal Bureau of 
Prisons or his designee, the Director of the Bureau of Justice 
Assistance or his designee, Chairman of the United States 
Sentencing Commission or his designee, the Director of the 
Federal Judicial Center or his designee, the Associate 
Administrator for the Office of Juvenile Justice and 
Delinquency Prevention or his designee, and the Assistant 
Secretary for Human Development of the Department of Health, 
Education, and Welfare or his designee.
  [(c) The remaining ten members of the Board shall be selected 
as follows:
          [(1) Five shall be appointed initially by the 
        Attorney General of the United States for staggered 
        terms; one member shall serve for one year, one member 
        for two years, and three members for three years. Upon 
        the expiration of each member's term, the Attorney 
        General shall appoint successors who will each serve 
        for a term of three years. Each member selected shall 
        be qualified as a practitioner (Federal, State, or 
        local) in the field of corrections, probation, or 
        parole.
          [(2) Five shall be appointed initially by the 
        Attorney General of the United States for staggered 
        terms, one member shall serve for one year, three 
        members for two years, and one member for three years. 
        Upon the expiration of each member's term the Attorney 
        General shall appoint successors who will each serve 
        for a term of three years. Each member selected shall 
        be from the private sector, such as business, labor, 
        and education, having demonstrated an active interest 
        in corrections, probation, or parole.
  [(d) The members of the Board shall not, by reason of such 
membership, be deemed officers or employees of the United 
States. Members of the Commission who are full-time officers or 
employees of the United States shall serve without additional 
compensation, but shall be reimbursed for travel, subsistence, 
and other necessary expenses incurred in the performance of the 
duties vested in the Board. Other members of the Board shall, 
while attending meetings of the Board or while engaged in 
duties related to such meetings or in other activities of the 
Commission pursuant to this title, be entitled to receive 
compensation at the rate not to exceed the daily equivalent of 
the rate authorized for GS-18 by section 5332 of title 5, 
United States Code, including traveltime, and while away from 
their homes or regular places of business may be allowed travel 
expenses, including per diem in lieu of subsistence equal to 
that authorized by section 5703 of title 5, United States Code, 
for persons in the Government service employed intermittently.
  [(e) The Board shall elect a chairman from among its members 
who shall serve for a term of one year. The members of the 
Board shall also elect one or more members as a vice-chairman.
  [(f) The Board is authorized to appoint, without regard to 
the civil service laws, technical, or other advisory committees 
to advise the Institute with respect to the administration of 
this title as it deems appropriate. Members of these committees 
not otherwise employed by the United States, while engaged in 
advising the Institute or attending meetings of the committees, 
shall be entitled to receive compensation at the rate fixed by 
the Board but not to exceed the daily equivalent of the rate 
authorized for GS-18 by section 5332 of title 5, United States 
Code, and while away from their homes or regular places of 
business may be allowed travel expenses, including per diem in 
lieu of subsistence equal to that authorized by section 5703 of 
title 5, United States Code, for persons in the Government 
service employed intermittently.
  [(g) The Board is authorized to delegate its powers under 
this title to such persons as it deems appropriate.
  [(h) The Institute shall be under the supervision of an 
officer to be known as the Director, who shall be appointed by 
the Attorney General after consultation with the Board. The 
Director shall have authority to supervise the organization, 
employees, enrollees, financial affairs, and all other 
operations of the Institute and may employ such staff, faculty, 
and administrative personnel, subject to the civil service and 
classification laws, as are necessary to the functioning of the 
Institute. The Director shall have the power to acquire and 
hold real and personal property for the Institute and may 
receive gifts, donations, and trusts on behalf of the 
Institute. The Director shall also have the power to appoint 
such technical or other advisory councils comprised of 
consultants to guide and advise the Board. The Director is 
authorized to delegate his powers under this title to such 
persons as he deems appropriate.]

Sec. 4352. Authority of Institute; time; records of recipients; access; 
                    scope of section

  (a) In addition to the other powers, express and implied, the 
[National Institute of Corrections] National Institute of 
Justice shall have authority--
          (1) to receive from or make grants to and enter into 
        contracts with Federal, State, tribal, and general 
        units of local government, public and private agencies, 
        educational institutions, organizations, and 
        individuals to carry out the purposes of this chapter;
          (2) to serve as a clearinghouse and information 
        center for the collection, preparation, and 
        dissemination of information on corrections, including, 
        but not limited to, programs for prevention of crime 
        and recidivism, training of corrections personnel, and 
        rehabilitation and treatment of criminal and juvenile 
        offenders;
          (3) to assist and serve in a consulting capacity to 
        Federal, State, tribal, and local courts, departments, 
        and agencies in the development, maintenance, and 
        coordination of programs, facilities, and services, 
        training, treatment, and rehabilitation with respect to 
        criminal and juvenile offenders;
          (4) to encourage and assist Federal, State, tribal, 
        and local government programs and services, and 
        programs and services of other public and private 
        agencies, institutions, and organizations in their 
        efforts to develop and implement improved corrections 
        programs;
          (5) to devise and conduct, in various geographical 
        locations, seminars, workshops, and training programs 
        for law enforcement officers, judges, and judicial 
        personnel, probation and parole personnel, correctional 
        personnel, welfare workers, and other persons, 
        including lay ex-offenders, and paraprofessional 
        personnel, connected with the treatment and 
        rehabilitation of criminal and juvenile offenders;
          (6) to develop technical training teams to aid in the 
        development of seminars, workshops, and training 
        programs within the several States and tribal 
        communities, and with the State, tribal, and local 
        agencies which work with prisoners, parolees, 
        probationers, and other offenders;
          (7) to conduct, encourage, and coordinate research 
        relating to corrections, including the causes, 
        prevention, diagnosis, and treatment of criminal 
        offenders;
          (8) to formulate and disseminate correctional policy, 
        goals, standards, and recommendations for Federal, 
        State, tribal, and local correctional agencies, 
        organizations, institutions, and personnel;
          (9) to conduct evaluation programs which study the 
        effectiveness of new approaches, techniques, systems, 
        programs, and devices employed to improve the 
        corrections system;
          (10) to receive from any Federal department or agency 
        such statistics, data, program reports, and other 
        material as the Institute deems necessary to carry out 
        its functions. Each such department or agency is 
        authorized to cooperate with the Institute and shall, 
        to the maximum extent practicable, consult with and 
        furnish information to the Institute;
          (11) to arrange with and reimburse the heads of 
        Federal departments and agencies for the use of 
        personnel, facilities, or equipment of such departments 
        and agencies;
          (12) to confer with and avail itself of the 
        assistance, services, records, and facilities of State, 
        tribal, and local governments or other public or 
        private agencies, organizations, or individuals;
          (13) to enter into contracts with public or private 
        agencies, organizations, or individuals, for the 
        performance of any of the functions of the Institute; 
        and
          (14) to procure the services of experts and 
        consultants in accordance with section 3109 of title 5 
        of the United States Code, at rates of compensation not 
        to exceed the daily equivalent of the rate authorized 
        for GS-18 by section 5332 of title 5 of the United 
        States Code.
  (c) Each recipient of assistance under this chapter shall 
keep such records as the Institute shall prescribe, including 
records which fully disclose the amount and disposition by such 
recipient of the proceeds of such assistance, the total cost of 
the project or undertaking in connection with which such 
assistance is given or used, and the amount of that portion of 
the cost of the project or undertaking supplied by other 
sources, and such other records as will facilitate an effective 
audit.
  (d) The Institute, and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall 
have access for purposes of audit and examinations to any 
books, documents, papers, and records of the recipients that 
are pertinent to the grants received under this chapter.
  (e) The provision of this section shall apply to all 
recipients of assistance under this title, whether by direct 
grant or contract from the Institute or by subgrant or 
subcontract from primary grantees or contractors of the 
Institute.

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                       SECOND CHANCE ACT OF 2007

           *       *       *       *       *       *       *
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS

           *       *       *       *       *       *       *

             Subtitle C--Administration of Justice Reforms

             CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY

SEC. 231. FEDERAL PRISONER REENTRY INITIATIVE.

  (a) In general.--The Attorney General, in coordination with 
the Director of the Bureau of Prisons, shall, subject to the 
availability of appropriations, conduct the following 
activities to establish a Federal prisoner reentry initiative:
          (1) The establishment of a Federal prisoner reentry 
        strategy to help prepare prisoners for release and 
        successful reintegration into the community, including, 
        at a minimum, that the Bureau of Prisons--
                  (A) assess each prisoner's skill level 
                (including academic, vocational, health, 
                cognitive, interpersonal, daily living, and 
                related reentry skills) at the beginning of the 
                term of imprisonment of that prisoner to 
                identify any areas in need of improvement prior 
                to reentry;
                  (B) generate a skills development plan for 
                each prisoner to monitor skills enhancement and 
                reentry readiness throughout incarceration;
                  (C) determine program assignments for 
                prisoners based on the areas of need identified 
                through the assessment described in 
                subparagraph (A);
                  (D) ensure that priority is given to the 
                reentry needs of high-risk populations, such as 
                sex offenders, career criminals, and prisoners 
                with mental health problems;
                  (E) coordinate and collaborate with other 
                Federal agencies and with State, Tribal, and 
                local criminal justice agencies, community-
                based organizations, and faith-based 
                organizations to help effectuate a seamless 
                reintegration of prisoners into communities;
                  (F) collect information about a prisoner's 
                family relationships, parental 
                responsibilities, and contacts with children to 
                help prisoners maintain important familial 
                relationships and support systems during 
                incarceration and after release from custody; 
                and
                  (G) provide incentives for prisoner 
                participation in skills development programs.
          (2) Incentives for a prisoner who participates in 
        reentry and skills development programs which may, at 
        the discretion of the Director, include--
                  (A) the maximum allowable period in a 
                community confinement facility; and
                  (B) such other incentives as the Director 
                considers appropriate (not including a 
                reduction of the term of imprisonment).
  (b) Identification and Release Assistance for Federal 
Prisoners.--
          (1) Obtaining identification.--The Director shall 
        assist prisoners in obtaining identification 
        [(including] prior to release from a term of 
        imprisonment in a Federal prison or if the individual 
        was not sentenced to a term of imprisonment in a 
        Federal prison, prior to release from a sentence to a 
        term in community confinement, including a social 
        security card, driver's license or other official photo 
        identification, [or birth certificate) prior to 
        release] and a birth certificate.
          (2) Assistance developing release plan.--At the 
        request of a direct-release prisoner, a representative 
        of the United States Probation System shall, prior to 
        the release of that prisoner, help that prisoner 
        develop a release plan.
          (3) Direct-release prisoner defined.--In this 
        section, the term ``direct-release prisoner'' means a 
        prisoner who is scheduled for release and will not be 
        placed in prerelease custody.
          (4) Definition.--In this subsection, the term 
        ``community confinement means'' residence in a 
        community treatment center, halfway house, restitution 
        center, mental health facility, alcohol or drug 
        rehabilitation center, or other community facility.
  (c) Improved Reentry Procedures for Federal Prisoners.--The 
Attorney General shall take such steps as are necessary to 
modify the procedures and policies of the Department of Justice 
with respect to the transition of offenders from the custody of 
the Bureau of Prisons to the community--
          (1) to enhance case planning and implementation of 
        reentry programs, policies, and guidelines;
          (2) to improve such transition to the community, 
        including placement of such individuals in community 
        corrections facilities; and
          (3) to foster the development of collaborative 
        partnerships with stakeholders at the national, State, 
        and local levels to facilitate the exchange of 
        information and the development of resources to enhance 
        opportunities for successful offender reentry.
  (d) Duties of the Bureau of Prisons.--
          (1) Duties of the bureau of prisons expanded.--
        Section 4042(a) of title 18, United States Code, is 
        amended--
                  (A) in paragraph (4), by striking ``and'' at 
                the end;
                  (B) in paragraph (5), by striking the period 
                and inserting a semicolon; and
                  (C) by adding at the end the following:
                  ``(D) establish prerelease planning 
                procedures that help prisoners--
                          ``(i) apply for Federal and State 
                        benefits upon release (including Social 
                        Security Cards, Social Security 
                        benefits, and veterans' benefits); and
                          ``(ii) secure such identification and 
                        benefits prior to release, subject to 
                        any limitations in law; and
                  ``(E) establish reentry planning procedures 
                that include providing Federal prisoners with 
                information in the following areas:
                          ``(i) Health and nutrition.
                          ``(ii) Employment.
                          ``(iii) Literacy and education.
                          ``(iv) Personal finance and consumer 
                        skills.
                          ``(v) Community resources.
                          ``(vi) Personal growth and 
                        development.
                          ``(vii) Release requirements and 
                        procedures.''.
          (2) Measuring the removal of obstacles to reentry.--
                  (A) Coding required.--The Director shall 
                ensure that each institution within the Bureau 
                of Prisons codes the reentry needs and deficits 
                of prisoners, as identified by an assessment 
                tool that is used to produce an individualized 
                skills development plan for each inmate.
                  (B) Tracking.--In carrying out this 
                paragraph, the Director shall quantitatively 
                track the progress in responding to the reentry 
                needs and deficits of individual inmates.
                  (C) Annual Report.--On an annual basis, the 
                Director shall prepare and submit to the 
                Committee on the Judiciary of the Senate and 
                the Committee on the Judiciary of the House of 
                Representatives a report that documents the 
                progress of the Bureau of Prisons in responding 
                to the reentry needs and deficits of inmates.
                  (D) Evaluation.--The Director shall ensure 
                that--
                          (i) the performance of each 
                        institution within the Bureau of 
                        Prisons in enhancing skills and 
                        resources to assist in reentry is 
                        measured and evaluated using recognized 
                        measurements; and
                          (ii) plans for corrective action are 
                        developed and implemented as necessary.
          (3) Measuring and improving recidivism outcomes.--
                  (A) Annual report required.--
                          (i) In general.--At the end of each 
                        fiscal year, the Director shall submit 
                        to the Committee on the Judiciary of 
                        the Senate and the Committee on the 
                        Judiciary of the House of 
                        Representatives a report containing 
                        statistics demonstrating the relative 
                        reduction in recidivism for inmates 
                        released by the Bureau of Prisons 
                        within that fiscal year and the 2 prior 
                        fiscal years, comparing inmates who 
                        participated in major inmate programs 
                        (including residential drug treatment, 
                        vocational training, and prison 
                        industries) with inmates who did not 
                        participate in such programs. Such 
                        statistics shall be compiled separately 
                        for each such fiscal year.
                          (ii) Scope.--A report under this 
                        paragraph is not required to include 
                        statistics for a fiscal year that 
                        begins before the date of the enactment 
                        of this Act.
                  (B) Measure used.--In preparing the reports 
                required by subparagraph (A), the Director 
                shall, in consultation with the Director of the 
                Bureau of Justice Statistics, select a measure 
                for recidivism (such as rearrest, 
                reincarceration, or any other valid, evidence-
                based measure) that the Director considers 
                appropriate and that is consistent with the 
                research undertaken by the Bureau of Justice 
                Statistics under section 241(b)(6).
                  (C) Goals.--
                          (i) In general.--After the Director 
                        submits the first report required by 
                        subparagraph (A), the Director shall 
                        establish goals for reductions in 
                        recidivism rates and shall work to 
                        attain those goals.
                          (ii) Contents.--The goals established 
                        under clause (i) shall use the relative 
                        reductions in recidivism measured for 
                        the fiscal year covered by the first 
                        report required by subparagraph (A) as 
                        a baseline rate, and shall include--
                                  (I) a 5-year goal to 
                                increase, at a minimum, the 
                                baseline relative reduction 
                                rate of recidivism by 2 
                                percent; and
                                  (II) a 10-year goal to 
                                increase, at a minimum, the 
                                baseline relative reduction 
                                rate of recidivism by 5 percent 
                                within 10 fiscal years.
          (4) Format.--Any written information that the Bureau 
        of Prisons provides to inmates for reentry planning 
        purposes shall use common terminology and language.
          (5) Medical care.--The Bureau of Prisons shall 
        provide the United States Probation and Pretrial 
        Services System with relevant information on the 
        medical care needs and the mental health treatment 
        needs of inmates scheduled for release from custody. 
        The United States Probation and Pretrial Services 
        System shall take this information into account when 
        developing supervision plans in an effort to address 
        the medical care and mental health care needs of such 
        individuals. The Bureau of Prisons shall provide 
        inmates with a sufficient amount of all necessary 
        medications (which will normally consist of, at a 
        minimum, a 2-week supply of such medications) upon 
        release from custody.
  (e) Encouragement of Employment of Former Prisoners.--The 
Attorney General, in consultation with the Secretary of Labor, 
shall take such steps as are necessary to educate employers and 
the one-stop partners and one-stop operators (as such terms are 
defined in section 3 of the Workforce Innovation and 
Opportunity Act) that provide services at any center operated 
under a one-stop delivery system established under section 
121(e) of the Workforce Innovation and Opportunity Act 
regarding incentives (including the Federal bonding program of 
the Department of Labor and tax credits) for hiring former 
Federal, State, or local prisoners.
  (f) Medical Care for Prisoners.--Section 3621 of title 18, 
United States Code, is further amended by adding at the end the 
following new subsection:
  ``(g) Continued Access to Medical Care.--
          ``(1) In general.--In order to ensure a minimum 
        standard of health and habitability, the Bureau of 
        Prisons should ensure that each prisoner in a community 
        confinement facility has access to necessary medical 
        care, mental health care, and medicine through 
        partnerships with local health service providers and 
        transition planning.
          ``(2) Definition.--In this subsection, the term 
        `community confinement' has the meaning given that term 
        in the application notes under section 5F1.1 of the 
        Federal Sentencing Guidelines Manual, as in effect on 
        the date of the enactment of the Second Chance Act of 
        2007.''.
  (g) Elderly and Family Reunification for Certain Nonviolent 
Offenders Pilot Program.--
          (1) Program authorized.--
                  (A) In general.--The Attorney General shall 
                conduct a pilot program to determine the 
                effectiveness of removing eligible elderly 
                offenders and eligible terminally ill offenders 
                from a Bureau of Prisons facility and placing 
                such offenders on home detention until the 
                expiration of the prison term to which the 
                offender was sentenced.
                  (B) Placement in home detention.--In carrying 
                out a pilot program as described in 
                subparagraph (A), the Attorney General may 
                release some or all eligible elderly offenders 
                and eligible terminally ill offenders from the 
                Bureau of Prisons facility to home detention, 
                upon written request from either the Bureau of 
                Prisons or an eligible elderly offender or 
                eligible terminally ill offender.
                  (C) Waiver.--The Attorney General is 
                authorized to waive the requirements of section 
                3624 of title 18, United States Code, as 
                necessary to provide for the release of some or 
                all eligible elderly offenders and eligible 
                terminally ill offenders from the Bureau of 
                Prisons facility to home detention for the 
                purposes of the pilot program under this 
                subsection.
          (2) Violation of terms of home detention.--A 
        violation by an eligible elderly offender or eligible 
        terminally ill offender of the terms of home detention 
        (including the commission of another Federal, State, or 
        local crime) shall result in the removal of that 
        offender from home detention and the return of that 
        offender to the designated Bureau of Prisons 
        institution in which that offender was imprisoned 
        immediately before placement on home detention under 
        paragraph (1), or to another appropriate Bureau of 
        Prisons institution, as determined by the Bureau of 
        Prisons.
          (3) Scope of pilot program.--A pilot program under 
        paragraph (1) shall be conducted through [at least one 
        Bureau of Prisons facility] Bureau of Prisons 
        facilities designated by the Attorney General as 
        appropriate for the pilot program [and shall be carried 
        out during fiscal years 2009 and 2010] and shall be 
        carried out during fiscal years 2019 through 2022.
          (4) Implementation and evaluation.--The Attorney 
        General shall monitor and evaluate each eligible 
        elderly offender or eligible terminally ill offender 
        placed on home detention under this section, and shall 
        report to Congress concerning the experience with the 
        program at the end of the period described in paragraph 
        (3). The Administrative Office of the United States 
        Courts and the United States probation offices shall 
        provide such assistance and carry out such functions as 
        the Attorney General may request in monitoring, 
        supervising, providing services to, and evaluating 
        eligible elderly offenders and eligible terminally ill 
        offenders released to home detention under this 
        section.
          (5) Definitions.--In this section:
                  (A) Eligible elderly offender.--The term 
                ``eligible elderly offender'' means an offender 
                in the custody of the Bureau of Prisons--
                          (i) who is not less than [65 years of 
                        age] 60 years of age;
                          (ii) who is serving a term of 
                        imprisonment that is not life 
                        imprisonment based on conviction for an 
                        offense or offenses that do not include 
                        any crime of violence (as defined in 
                        section 16 of title 18, United States 
                        Code), sex offense (as defined in 
                        section 111(5) of the Sex Offender 
                        Registration and Notification Act), 
                        offense described in section 
                        2332b(g)(5)(B) of title 18, United 
                        States Code, or offense under chapter 
                        37 of title 18, United States Code, and 
                        has served [the greater of 10 years or 
                        75 percent] \2/3\ of the term of 
                        imprisonment to which the offender was 
                        sentenced;
                          (iii) who has not been convicted in 
                        the past of any Federal or State crime 
                        of violence, sex offense, or other 
                        offense described in clause (ii);
                          (iv) who has not been determined by 
                        the Bureau of Prisons, on the basis of 
                        information the Bureau uses to make 
                        custody classifications, and in the 
                        sole discretion of the Bureau, to have 
                        a history of violence, or of engaging 
                        in conduct constituting a sex offense 
                        or other offense described in clause 
                        (ii);
                          (v) who has not escaped, or attempted 
                        to escape, from a Bureau of Prisons 
                        institution;
                          (vi) with respect to whom the Bureau 
                        of Prisons has determined that release 
                        to home detention under this section 
                        will result in a substantial net 
                        reduction of costs to the Federal 
                        Government; and
                          (vii) who has been determined by the 
                        Bureau of Prisons to be at no 
                        substantial risk of engaging in 
                        criminal conduct or of endangering any 
                        person or the public if released to 
                        home detention, and beginning on the 
                        date that is 2 years after the date on 
                        which the Bureau of Prisons has 
                        completed the initial intake risk and 
                        needs assessment for each prisoner 
                        under section 3621(h)(1)(A) of title 
                        18, United States Code, has been 
                        determined to have a minimum or low 
                        risk of recidivism based on 2 
                        consecutive assessments described in 
                        such section 3621.
                  (B) Home detention.--The term ``home 
                detention'' has the same meaning given the term 
                in the Federal Sentencing Guidelines as of the 
                date of the enactment of this Act, and includes 
                detention in a nursing home or other 
                residential long-term care facility.
                  (C) Term of imprisonment.--The term ``term of 
                imprisonment'' includes multiple terms of 
                imprisonment ordered to run consecutively or 
                concurrently, which shall be treated as a 
                single, aggregate term of imprisonment for 
                purposes of this section.
                  (D) Eligible terminally ill offender.--The 
                term ``eligible terminally ill offender'' means 
                an offender in the custody of the Bureau of 
                Prisons who--
                          (i) is serving a term of imprisonment 
                        based on conviction for an offense or 
                        offenses that do not include any crime 
                        of violence (as defined in section 
                        16(a) of title 18, United States Code), 
                        sex offense (as defined in section 
                        111(5) of the Sex Offender Registration 
                        and Notification Act (34 U.S.C. 
                        20911(5))), offense described in 
                        section 2332b(g)(5)(B) of title 18, 
                        United States Code, or offense under 
                        chapter 37 of title 18, United States 
                        Code;
                          (ii) satisfies the criteria specified 
                        in clauses (iii) through (vii) of 
                        subparagraph (A); and
                          (iii) has been determined by a 
                        medical doctor approved by the Bureau 
                        of Prisons to be--
                                  (I) in need of care at a 
                                nursing home, intermediate care 
                                facility, or assisted living 
                                facility, as those terms are 
                                defined in section 232 of the 
                                National Housing Act (12 U.S.C. 
                                1715w); or
                                  (II) diagnosed with a 
                                terminal illness.
  (h) Federal Remote Satellite Tracking and Reentry Training 
Program.--
          (1) Establishment of program.--The Director of the 
        Administrative Office of the United States Courts, in 
        consultation with the Attorney General, may establish 
        the Federal Remote Satellite Tracking and Reentry 
        Training (ReStart) program to promote the effective 
        reentry into the community of high risk individuals.
          (2) High risk individuals.--For purposes of this 
        section, the term ``high risk individual'' means--
                  (A) an individual who is under supervised 
                release, with respect to a Federal offense, and 
                who has previously violated the terms of a 
                release granted such individual following a 
                term of imprisonment; or
                  (B) an individual convicted of a Federal 
                offense who is at a high risk for recidivism, 
                as determined by the Director of the Bureau of 
                Prisons, and who is eligible for early release 
                pursuant to voluntary participation in a 
                program of residential substance abuse 
                treatment under section 3621(e) of title 18, 
                United States Code, or a program described in 
                this section.
          (3) Program elements.--The program authorized under 
        paragraph (1) shall include, with respect to high risk 
        individuals participating in such program, the 
        following core elements:
                  (A) A system of graduated levels of 
                supervision, that uses, as appropriate and 
                indicated--
                          (i) satellite tracking, global 
                        positioning, remote satellite, and 
                        other tracking or monitoring 
                        technologies to monitor and supervise 
                        such individuals in the community; and
                          (ii) community corrections facilities 
                        and home confinement.
                  (B) Substance abuse treatment and aftercare 
                related to such treatment, mental and medical 
                health treatment and aftercare related to such 
                treatment, vocational and educational training, 
                life skills instruction, conflict resolution 
                skills training, batterer intervention 
                programs, and other programs to promote 
                effective reentry into the community as 
                appropriate.
                  (C) Involvement of the family of such an 
                individual, a victim advocate, and the victim 
                of the offense committed by such an individual, 
                if such involvement is safe for such victim 
                (especially in a domestic violence case).
                  (D) A methodology, including outcome 
                measures, to evaluate the program.
                  (E) Notification to the victim of the offense 
                committed by such an individual of the status 
                and nature of such an individual's reentry 
                plan.
  (i) Authorization for Appropriations for Bureau of Prisons.--
There are authorized to be appropriated to the Attorney General 
to carry out this section, $5,000,000 for each of fiscal years 
2009 and 2010.

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                              ----------                              

             DEPARTMENT OF JUSTICE APPROPRIATIONS ACT, 1997

TITLE I--DEPARTMENT OF JUSTICE

           *       *       *       *       *       *       *

Federal Prison System

           *       *       *       *       *       *       *

                         SALARIES AND EXPENSES

  For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, 
including purchase (not to exceed 836, of which 572 are for 
replacement only) and hire of law enforcement and passenger 
motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign 
governments; $2,768,316,000: Provided, That the Attorney 
General may transfer to the Health Resources and Services 
Administration such amounts as may be necessary for direct 
expenditures by that Administration for medical relief for 
inmates of Federal penal and correctional institutions: 
Provided further, That the Director of the Federal Prison 
System (FPS), where necessary, may enter into contracts with a 
fiscal agent/fiscal intermediary claims processor to determine 
the amounts payable to persons who, on behalf of the FPS, 
furnish health services to individuals committed to the custody 
of the FPS: Provided further, That uniforms may be purchased 
without regard to the general purchase price limitation for the 
current fiscal year: Provided further, That not to exceed 
$6,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$90,000,000 for the activation of new facilities shall remain 
available until September 30, 1998: Provided further, That of 
the amounts provided for Contract Confinement, not to exceed 
$20,000,000 shall remain available until expended to make 
payments in advance for grants, contracts and reimbursable 
agreements, and other expenses authorized by section 501(c) of 
the Refugee Education Assistance Act of 1980, as amended, for 
the care and security in the United States of Cuban and Haitian 
entrants: Provided further, That notwithstanding section 4(d) 
of the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS may 
enter into contracts and other agreements with private entities 
for periods of not to exceed 3 years and 7 additional option 
years for the confinement of Federal prisoners[: Provided 
further, That the National Institute of Corrections hereafter 
shall be included in the FPS Salaries and Expenses budget, in 
the Contract Confinement program and shall continue to perform 
its current functions under 18 U.S.C. 4351, et seq., with the 
exception of its grant program and shall collect reimbursement 
for services whenever possible]: Provided further, That any 
unexpended balances available to the ``National Institute of 
Corrections'' account shall be credited to and merged with this 
appropriation, to remain available until expended.
                              ----------                              

          SECTION 8 OF THE PRISON RAPE ELIMINATION ACT OF 2003

SEC. 8. ADOPTION AND EFFECT OF NATIONAL STANDARDS.

  (a) Publication of Proposed Standards.--
          (1) Final rule.--Not later than 1 year after 
        receiving the report specified in section 7(d)(3), the 
        Attorney General shall publish a final rule adopting 
        national standards for the detection, prevention, 
        reduction, and punishment of prison rape.
          (2) Independent judgment.--The standards referred to 
        in paragraph (1) shall be based upon the independent 
        judgment of the Attorney General, after giving due 
        consideration to the recommended national standards 
        provided by the Commission under section 7(e), and 
        being informed by such data, opinions, and 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 compared to 
        the costs presently expended by Federal, State, and 
        local prison authorities. The Attorney General may, 
        however, provide a list of improvements for 
        consideration by correctional facilities.
          (4) Transmission to states.--Within 90 days of 
        publishing the final rule under paragraph (1), the 
        Attorney General shall transmit the national standards 
        adopted under such paragraph to the chief executive of 
        each State, the head of the department of corrections 
        of each State, and to the appropriate authorities in 
        those units of local government who oversee operations 
        in one or more prisons.
  (b) Applicability to Federal Bureau of Prisons.--The national 
standards referred to in subsection (a) shall apply to the 
Federal Bureau of Prisons immediately upon adoption of the 
final rule under subsection (a)(4).
  (c) Applicability to Detention Facilities Operated by the 
Department of Homeland Security.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the Violence Against Women 
        Reauthorization Act of 2013, the Secretary of Homeland 
        Security shall publish a final rule adopting national 
        standards for the detection, prevention, reduction, and 
        punishment of rape and sexual assault in facilities 
        that maintain custody of aliens detained for a 
        violation of the immigrations laws of the United 
        States.
          (2) Applicability.--The standards adopted under 
        paragraph (1) shall apply to detention facilities 
        operated by the Department of Homeland Security and to 
        detention facilities operated under contract with the 
        Department.
          (3) Compliance.--The Secretary of Homeland Security 
        shall--
                  (A) assess compliance with the standards 
                adopted under paragraph (1) on a regular basis; 
                and
                  (B) include the results of the assessments in 
                performance evaluations of facilities completed 
                by the Department of Homeland Security.
          (4) Considerations.--In adopting standards under 
        paragraph (1), the Secretary of Homeland Security shall 
        give due consideration to the recommended national 
        standards provided by the Commission under section 
        7(e).
          (5) Definition.--As used in this section, the term 
        ``detention facilities operated under contract with the 
        Department'' includes, but is not limited to contract 
        detention facilities and detention facilities operated 
        through an intergovernmental service agreement with the 
        Department of Homeland Security.
  (d) Applicability to Custodial Facilities Operated by the 
Department of Health and Human Services.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the Violence Against Women 
        Reauthorization Act of 2013, the Secretary of Health 
        and Human Services shall publish a final rule adopting 
        national standards for the detection, prevention, 
        reduction, and punishment of rape and sexual assault in 
        facilities that maintain custody of unaccompanied alien 
        children (as defined in section 462(g) of the Homeland 
        Security Act of 2002 (6 U.S.C. 279(g))).
          (2) Applicability.--The standards adopted under 
        paragraph (1) shall apply to facilities operated by the 
        Department of Health and Human Services and to 
        facilities operated under contract with the Department.
          (3) Compliance.--The Secretary of Health and Human 
        Services shall--
                  (A) assess compliance with the standards 
                adopted under paragraph (1) on a regular basis; 
                and
                  (B) include the results of the assessments in 
                performance evaluations of facilities completed 
                by the Department of Health and Human Services.
          (4) Considerations.--In adopting standards under 
        paragraph (1), the Secretary of Health and Human 
        Services shall give due consideration to the 
        recommended national standards provided by the 
        Commission under section 7(e).
  (e) Eligibility for Federal Funds.--
          (1) Covered programs.--
                  (A) In general.--For purposes of this 
                subsection, a grant program is covered by this 
                subsection if, and only if--
                          (i) the program is carried out by or 
                        under the authority of the Attorney 
                        General;
                          (ii) the program may provide amounts 
                        to States for prison purposes; and
                          (iii) the program is not administered 
                        by the Office on Violence Against Women 
                        of the Department of Justice.
                  (B) List.--For each fiscal year, the Attorney 
                General shall prepare a list identifying each 
                program that meets the criteria of subparagraph 
                (A) and provide that list to each State.
          (2) Adoption of national standards.--
                  (A) In general.--For each fiscal year, any 
                amount that a State would otherwise receive for 
                prison purposes for that fiscal year under a 
                grant program covered by this subsection shall 
                be reduced by 5 percent, unless the chief 
                executive officer of the State submits to the 
                Attorney General proof of compliance with this 
                Act through--
                          (i) a certification that the State 
                        has adopted, and is in full compliance 
                        with, the national standards described 
                        in subsection (a); or
                          (ii) an assurance that the State 
                        intends to adopt and achieve full 
                        compliance with those national 
                        standards so as to ensure that a 
                        certification under clause (i) may be 
                        submitted in future years, which 
                        includes--
                                  (I) a commitment that not 
                                less than 5 percent of such 
                                amount shall be used for this 
                                purpose; or
                                  (II) a request that the 
                                Attorney General hold 5 percent 
                                of such amount in abeyance 
                                pursuant to the requirements of 
                                subparagraph (E).
                  (B) Rules for certification.--
                          (i) In general.--A chief executive 
                        officer of a State who submits a 
                        certification under this paragraph 
                        shall also provide the Attorney General 
                        with--
                                  (I) a list of the prisons 
                                under the operational control 
                                of the executive branch of the 
                                State;
                                  (II) a list of the prisons 
                                listed under subclause (I) that 
                                were audited during the most 
                                recently concluded audit year;
                                  (III) all final audit reports 
                                for prisons listed under 
                                subclause (I) that were 
                                completed during the most 
                                recently concluded audit year; 
                                and
                                  (IV) a proposed schedule for 
                                completing an audit of all the 
                                prisons listed under subclause 
                                (I) during the following 3 
                                audit years.
                          (ii) Audit appeal exception.--
                        Beginning on the date that is 3 years 
                        after the date of enactment of the 
                        Justice for All Reauthorization Act of 
                        2016, a chief executive officer of a 
                        State may submit a certification that 
                        the State is in full compliance 
                        pursuant to subparagraph (A)(i) even if 
                        a prison under the operational control 
                        of the executive branch of the State 
                        has an audit appeal pending.
                  (C) Rules for assurances.--
                          (i) In general.--A chief executive 
                        officer of a State who submits an 
                        assurance under subparagraph (A)(ii) 
                        shall also provide the Attorney General 
                        with--
                                  (I) a list of the prisons 
                                under the operational control 
                                of the executive branch of the 
                                State;
                                  (II) a list of the prisons 
                                listed under subclause (I) that 
                                were audited during the most 
                                recently concluded audit year;
                                  (III) an explanation of any 
                                barriers the State faces to 
                                completing required audits;
                                  (IV) all final audit reports 
                                for prisons listed under 
                                subclause (I) that were 
                                completed during the most 
                                recently concluded audit year;
                                  (V) a proposed schedule for 
                                completing an audit of all 
                                prisons under the operational 
                                control of the executive branch 
                                of the State during the 
                                following 3 audit years; and
                                  (VI) an explanation of the 
                                State's current degree of 
                                implementation of the national 
                                standards.
                          (ii) Additional requirement.--A chief 
                        executive officer of a State who 
                        submits an assurance under subparagraph 
                        (A)(ii)(I) shall, before receiving the 
                        applicable funds described in 
                        subparagraph (A)(ii)(I), also provide 
                        the Attorney General with a proposed 
                        plan for the expenditure of the funds 
                        during the applicable grant period.
                          (iii) Accounting of funds.--A chief 
                        executive officer of a State who 
                        submits an assurance under subparagraph 
                        (A)(ii)(I) shall, in a manner 
                        consistent with the applicable grant 
                        reporting requirements, submit to the 
                        Attorney General a detailed accounting 
                        of how the funds described in 
                        subparagraph (A) were used.
                  (D) Sunset of assurance option.--
                          (i) In general.--On the date that is 
                        3 years after the date of enactment of 
                        the Justice for All Reauthorization Act 
                        of 2016, subclause (II) of subparagraph 
                        (A)(ii) shall cease to have effect.
                          (ii) Additional sunset.--On the date 
                        that is 6 years after the date of 
                        enactment of the Justice for All 
                        Reauthorization Act of 2016, clause 
                        (ii) of subparagraph (A) shall cease to 
                        have effect.
                          (iii) Emergency assurances.--
                                  (I) Request.--Notwithstanding 
                                clause (ii), during the 2-year 
                                period beginning 6 years after 
                                the date of enactment of the 
                                Justice for All Reauthorization 
                                Act of 2016, a chief executive 
                                officer of a State who 
                                certifies that the State has 
                                audited not less than 90 
                                percent of prisons under the 
                                operational control of the 
                                executive branch of the State 
                                may request that the Attorney 
                                General allow the chief 
                                executive officer to submit an 
                                emergency assurance in 
                                accordance with subparagraph 
                                (A)(ii) as in effect on the day 
                                before the date on which that 
                                subparagraph ceased to have 
                                effect under clause (ii) of 
                                this subparagraph.
                                  (II) Grant of request.--The 
                                Attorney General shall grant a 
                                request submitted under 
                                subclause (I) within 60 days 
                                upon a showing of good cause.
                  (E) Disposition of funds held in abeyance.--
                          (i) In general.--If the chief 
                        executive officer of a State who has 
                        submitted an assurance under 
                        subparagraph (A)(ii)(II) subsequently 
                        submits a certification under 
                        subparagraph (A)(i) during the 3-year 
                        period beginning on the date of 
                        enactment of the Justice for All 
                        Reauthorization Act of 2016, the 
                        Attorney General will release all funds 
                        held in abeyance under subparagraph 
                        (A)(ii)(II) to be used by the State in 
                        accordance with the conditions of the 
                        grant program for which the funds were 
                        provided.
                          (ii) Release of funds.--If the chief 
                        executive officer of a State who has 
                        submitted an assurance under 
                        subparagraph (A)(ii)(II) is unable to 
                        submit a certification during the 3-
                        year period beginning on the date of 
                        enactment of the Justice for All 
                        Reauthorization Act of 2016, but does 
                        assure the Attorney General that \2/3\ 
                        of prisons under the operational 
                        control of the executive branch of the 
                        State have been audited at least once, 
                        the Attorney General shall release all 
                        of the funds of the State held in 
                        abeyance to be used in adopting and 
                        achieving full compliance with the 
                        national standards, if the State agrees 
                        to comply with the applicable 
                        requirements in clauses (ii) and (iii) 
                        of subparagraph (C).
                          (iii) Redistribution of funds.--If 
                        the chief executive officer of a State 
                        who has submitted an assurance under 
                        subparagraph (A)(ii)(II) is unable to 
                        submit a certification during the 3-
                        year period beginning on the date of 
                        enactment of the Justice for All 
                        Reauthorization Act of 2016 and does 
                        not assure the Attorney General that 
                        \2/3\ of prisons under the operational 
                        control of the executive branch of the 
                        State have been audited at least once, 
                        the Attorney General shall redistribute 
                        the funds of the State held in abeyance 
                        to other States to be used in 
                        accordance with the conditions of the 
                        grant program for which the funds were 
                        provided.
                  (F) Publication of audit results.--Not later 
                than 1 year after the date of enactment of the 
                Justice for All Reauthorization Act of 2016, 
                the Attorney General shall request from each 
                State, and make available on an appropriate 
                Internet website, all final audit reports 
                completed to date for prisons under the 
                operational control of the executive branch of 
                each State. The Attorney General shall update 
                such website annually with reports received 
                from States under subparagraphs (B)(i) and 
                (C)(i).
                  (G) Report on implementation of national 
                standards.--Not later than 2 years after the 
                date of enactment of the Justice for All 
                Reauthorization Act of 2016, the Attorney 
                General shall issue a report to the Committee 
                on the Judiciary of the Senate and the 
                Committee on the Judiciary of the House of 
                Representatives on the status of implementation 
                of the national standards and the steps the 
                Department, in conjunction with the States and 
                other key stakeholders, is taking to address 
                any unresolved implementation issues.
          (3) Report on noncompliance.--Not later than 
        September 30 of each year, the Attorney General shall 
        publish a report listing each grantee that is not in 
        compliance with the national standards adopted pursuant 
        to section 8(a).
          (4) Cooperation with survey.--For each fiscal year, 
        any amount that a State receives for that fiscal year 
        under a grant program covered by this subsection shall 
        not be used for prison purposes (and shall be returned 
        to the grant program if no other authorized use is 
        available), unless the chief executive of the State 
        submits to the Attorney General a certification that 
        neither the State, nor any political subdivision or 
        unit of local government within the State, is listed in 
        a report issued by the Attorney General pursuant to 
        section 4(c)(2)(C).
          (5) Redistribution of amounts.--Amounts under a grant 
        program not granted by reason of a reduction under 
        paragraph (2), or returned by reason of the prohibition 
        in paragraph (4), shall be granted to one or more 
        entities not subject to such reduction or such 
        prohibition, subject to the other laws governing that 
        program.
          (6) Implementation.--The Attorney General shall 
        establish procedures to implement this subsection, 
        including procedures for effectively applying this 
        subsection to discretionary grant programs.
          (7) Effective date.--
                  (A) Requirement of adoption of standards.--
                The first grants to which paragraph (2) applies 
                are grants for the second fiscal year beginning 
                after the date on which the national standards 
                under section 8(a) are finalized.
                  (B) Requirement for cooperation.--The first 
                grants to which paragraph (4) applies are 
                grants for the fiscal year beginning after the 
                date of the enactment of this Act.
          [(8) Background checks for auditors.--An individual 
        seeking certification by the Department of Justice to 
        serve as an auditor of prison compliance with the 
        national standards described in subsection (a) shall, 
        upon request, submit fingerprints in the manner 
        determined by the Attorney General for criminal history 
        record checks of the applicable State and Federal 
        Bureau of Investigation repositories.]
          (8) Standards for auditors.--
                  (A) In general.--
                          (i) Background checks for auditors.--
                        An individual seeking certification by 
                        the Department of Justice to serve as 
                        an auditor of prison compliance with 
                        the national standards described in 
                        subsection (a) shall, upon request, 
                        submit fingerprints in the manner 
                        determined by the Attorney General for 
                        criminal history record checks of the 
                        applicable State and Federal Bureau of 
                        Investigation repositories.
                          (ii) Certification agreements.--Each 
                        auditor certified under this paragraph 
                        shall sign a certification agreement 
                        that includes the provisions of, or 
                        provisions that are substantially 
                        similar to, the Bureau of Justice 
                        Assistance's Auditor Certification 
                        Agreement in use in April 2018.
                          (iii) Auditor evaluation.--The PREA 
                        Management Office of the Bureau of 
                        Justice Assistance shall evaluate all 
                        auditors based on the criteria 
                        contained in the certification 
                        agreement. In the case that an auditor 
                        fails to comply with a certification 
                        agreement or to conduct audits in 
                        accordance with the PREA Auditor 
                        Handbook, audit methodology, and 
                        instrument approved by the PREA 
                        Management Office, the Office may take 
                        remedial or disciplinary action, as 
                        appropriate, including decertifying the 
                        auditor in accordance with subparagraph 
                        (B).
                  (B) Auditor decertification.--
                          (i) In general.--The PREA Management 
                        Office may suspend an auditor's 
                        certification during an evaluation of 
                        an auditor's performance under 
                        subparagraph (A)(iii). The PREA 
                        Management Office shall promptly 
                        publish the names of auditors who have 
                        been decertified, and the reason for 
                        decertification. Auditors who have been 
                        decertified or are on suspension may 
                        not participate in audits described in 
                        subsection (a), including as an agent 
                        of a certified auditor.
                          (ii) Notification.--In the case that 
                        an auditor is decertified, the PREA 
                        Management Office shall inform each 
                        facility or agency at which the auditor 
                        performed an audit during the relevant 
                        three-year audit cycle, and may 
                        recommend that the agency repeat any 
                        affected audits, if appropriate.
                  (C) Audit assignments.--The PREA Management 
                Office shall establish a system, to be 
                administered by the Office, for assigning 
                certified auditors to Federal, State, and local 
                facilities.
                  (D) Disclosure of documentation.--The 
                Director of the Bureau of Prisons shall comply 
                with each request for documentation necessary 
                to conduct an audit under subsection (a), which 
                is made by a certified auditor in accordance 
                with the provisions of the certification 
                agreement described in subparagraph (A)(ii). 
                The Director of the Bureau of Prisons may 
                require an auditor to sign a confidentiality 
                agreement or other agreement designed to 
                address the auditor's use of personally 
                identifiable information, except that such an 
                agreement may not limit an auditor's ability to 
                provide all such documentation to the 
                Department of Justice, as required under 
                section 115.401(j) of title 28, Code of Federal 
                Regulations.
                              ----------                              

           OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

           *       *       *       *       *       *       *
TITLE I--JUSTICE SYSTEM IMPROVEMENT

           *       *       *       *       *       *       *

        PART HH--ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS

SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.

  (a) Definitions.--In this section, the following definitions 
shall apply:
          (1) Applicant.--The term ``applicant'' means States, 
        units of local government, Indian tribes, and tribal 
        organizations that apply for a grant under this 
        section.
          (2) Collaboration program.--The term ``collaboration 
        program'' means a program to promote public safety by 
        ensuring access to adequate mental health and other 
        treatment services for mentally ill adults or juveniles 
        that is overseen cooperatively by--
                  (A) a criminal or juvenile justice agency or 
                a mental health court; and
                  (B) a mental health agency.
          (3) Criminal or juvenile justice agency.--The term 
        ``criminal or juvenile justice agency'' means an agency 
        of a State or local government or its contracted agency 
        that is responsible for detection, arrest, enforcement, 
        prosecution, defense, adjudication, incarceration, 
        probation, or parole relating to the violation of the 
        criminal laws of that State or local government.
          (4) Diversion and alternative prosecution and 
        sentencing.--
                  (A) In general.--The terms ``diversion'' and 
                ``alternative prosecution and sentencing'' mean 
                the appropriate use of effective mental health 
                treatment alternatives to juvenile justice or 
                criminal justice system institutional 
                placements for preliminarily qualified 
                offenders.
                  (B) Appropriate use.--In this paragraph, the 
                term ``appropriate use'' includes the 
                discretion of the judge or supervising 
                authority, the leveraging of graduated 
                sanctions to encourage compliance with 
                treatment, and law enforcement diversion, 
                including crisis intervention teams.
                  (C) Graduated sanctions.--In this paragraph, 
                the term ``graduated sanctions'' means an 
                accountability-based graduated series of 
                sanctions (including incentives, treatments, 
                and services) applicable to mentally ill 
                offenders within both the juvenile and adult 
                justice system to hold individuals accountable 
                for their actions and to protect communities by 
                providing appropriate sanctions for inducing 
                law-abiding behavior and preventing subsequent 
                involvement in the criminal justice system.
          (5) Mental health agency.--The term ``mental health 
        agency'' means an agency of a State or local government 
        or its contracted agency that is responsible for mental 
        health services or co-occurring mental health and 
        substance abuse services.
          (6) Mental health court.--The term ``mental health 
        court'' means a judicial program that meets the 
        requirements of part V of this title.
          (7) Mental illness; mental health disorder.--The 
        terms ``mental illness'' and ``mental health disorder'' 
        mean a diagnosable mental, behavioral, or emotional 
        disorder--
                  (A) of sufficient duration to meet diagnostic 
                criteria within the most recent edition of the 
                Diagnostic and Statistical Manual of Mental 
                Disorders published by the American Psychiatric 
                Association; and
                  (B)(i) that, in the case of an adult, has 
                resulted in functional impairment that 
                substantially interferes with or limits 1 or 
                more major life activities; or
                  (ii) that, in the case of a juvenile, has 
                resulted in functional impairment that 
                substantially interferes with or limits the 
                juvenile's role or functioning in family, 
                school, or community activities.
          (8) Nonviolent offense.--The term ``nonviolent 
        offense'' means an offense that does not have as an 
        element the use, attempted use, or threatened use of 
        physical force against the person or property of 
        another or is not a felony that by its nature involves 
        a substantial risk that physical force against the 
        person or property of another may be used in the course 
        of committing the offense.
          (9) Preliminarily qualified offender.--
                  (A) In general.--The term ``preliminarily 
                qualified offender'' means an adult or juvenile 
                accused of an offense who--
                          (i)(I) previously or currently has 
                        been diagnosed by a qualified mental 
                        health professional as having a mental 
                        illness or co-occurring mental illness 
                        and substance abuse disorders;
                                  (II) manifests obvious signs 
                                of mental illness or co-
                                occurring mental illness and 
                                substance abuse disorders 
                                during arrest or confinement or 
                                before any court; or
                                  (III) in the case of a 
                                veterans treatment court 
                                provided under subsection (i), 
                                has been diagnosed with, or 
                                manifests obvious signs of, 
                                mental illness or a substance 
                                abuse disorder or co-occurring 
                                mental illness and substance 
                                abuse disorder;
                          (ii) has been unanimously approved 
                        for participation in a program funded 
                        under this section by, when 
                        appropriate--
                                  (I) the relevant--
                                          (aa) prosecuting 
                                        attorney;
                                          (bb) defense 
                                        attorney;
                                          (cc) probation or 
                                        corrections official; 
                                        and
                                          (dd) judge; and
                                  (II) a representative from 
                                the relevant mental health 
                                agency described in subsection 
                                (b)(5)(B)(i);
                          (iii) has been determined, by each 
                        person described in clause (ii) who is 
                        involved in approving the adult or 
                        juvenile for participation in a program 
                        funded under this section, to not pose 
                        a risk of violence to any person in the 
                        program, or the public, if selected to 
                        participate in the program; and
                          (iv) has not been charged with or 
                        convicted of--
                                  (I) any sex offense (as 
                                defined in section 111 of the 
                                Sex Offender Registration and 
                                Notification Act (42 U.S.C. 
                                16911)) or any offense relating 
                                to the sexual exploitation of 
                                children; or
                                  (II) murder or assault with 
                                intent to commit murder.
                  (B) Determination.--In determining whether to 
                designate a defendant as a preliminarily 
                qualified offender, the relevant prosecuting 
                attorney, defense attorney, probation or 
                corrections official, judge, and mental health 
                or substance abuse agency representative shall 
                take into account--
                          (i) whether the participation of the 
                        defendant in the program would pose a 
                        substantial risk of violence to the 
                        community;
                          (ii) the criminal history of the 
                        defendant and the nature and severity 
                        of the offense for which the defendant 
                        is charged;
                          (iii) the views of any relevant 
                        victims to the offense;
                          (iv) the extent to which the 
                        defendant would benefit from 
                        participation in the program;
                          (v) the extent to which the community 
                        would realize cost savings because of 
                        the defendant's participation in the 
                        program; and
                          (vi) whether the defendant satisfies 
                        the eligibility criteria for program 
                        participation unanimously established 
                        by the relevant prosecuting attorney, 
                        defense attorney, probation or 
                        corrections official, judge and mental 
                        health or substance abuse agency 
                        representative.
          (10) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.
          (11) Unit of local government.--The term ``unit of 
        local government'' means any city, county, township, 
        town, borough, parish, village, or other general 
        purpose political subdivision of a State, including a 
        State court, local court, or a governmental agency 
        located within a city, county, township, town, borough, 
        parish, or village.
  (b) Planning and Implementation Grants.--
          (1) In general.--The Attorney General, in 
        consultation with the Secretary, may award nonrenewable 
        grants to eligible applicants to prepare a 
        comprehensive plan for and implement an adult or 
        juvenile collaboration program, which targets 
        preliminarily qualified offenders in order to promote 
        public safety and public health.
          (2) Purposes.--Grants awarded under this section 
        shall be used to create or expand--
                  (A) mental health courts or other court-based 
                programs for preliminarily qualified offenders;
                  (B) programs that offer specialized training 
                to the officers and employees of a criminal or 
                juvenile justice agency and mental health 
                personnel serving those with co-occurring 
                mental illness and substance abuse problems in 
                procedures for identifying the symptoms of 
                preliminarily qualified offenders in order to 
                respond appropriately to individuals with such 
                illnesses;
                  (C) programs that support cooperative efforts 
                by criminal and juvenile justice agencies and 
                mental health agencies to promote public safety 
                by offering mental health treatment services 
                and, where appropriate, substance abuse 
                treatment services for--
                          (i) preliminarily qualified offenders 
                        with mental illness or co-occurring 
                        mental illness and substance abuse 
                        disorders; or
                          (ii) adult offenders with mental 
                        illness during periods of 
                        incarceration, while under the 
                        supervision of a criminal justice 
                        agency, or following release from 
                        correctional facilities; and
                  (D) programs that support intergovernmental 
                cooperation between State and local governments 
                with respect to the mentally ill offender.
          (3) Applications.--
                  (A) In general.--To receive a planning grant 
                or an implementation grant, the joint 
                applicants shall prepare and submit a single 
                application to the Attorney General at such 
                time, in such manner, and containing such 
                information as the Attorney General and the 
                Secretary shall reasonably require. An 
                application under part V of this title may be 
                made in conjunction with an application under 
                this section.
                  (B) Combined planning and implementation 
                grant application.--The Attorney General and 
                the Secretary shall develop a procedure under 
                which applicants may apply at the same time and 
                in a single application for a planning grant 
                and an implementation grant, with receipt of 
                the implementation grant conditioned on 
                successful completion of the activities funded 
                by the planning grant.
          (4) Planning grants.--
                  (A) Application.--The joint applicants may 
                apply to the Attorney General for a 
                nonrenewable planning grant to develop a 
                collaboration program.
                  (B) Contents.--The Attorney General and the 
                Secretary may not approve a planning grant 
                unless the application for the grant includes 
                or provides, at a minimum, for a budget and a 
                budget justification, a description of the 
                outcome measures that will be used to measure 
                the effectiveness of the program in promoting 
                public safety and public health, the activities 
                proposed (including the provision of substance 
                abuse treatment services, where appropriate) 
                and a schedule for completion of such 
                activities, and the personnel necessary to 
                complete such activities.
                  (C) Period of grant.--A planning grant shall 
                be effective for a period of 1 year, beginning 
                on the first day of the month in which the 
                planning grant is made. Applicants may not 
                receive more than 1 such planning grant.
                  [(D) Amount.--The amount of a planning grant 
                may not exceed $75,000, except that the 
                Attorney General may, for good cause, approve a 
                grant in a higher amount.]
                  (E) Collaboration set aside.--Up to 5 percent 
                of all planning funds shall be used to foster 
                collaboration between State and local 
                governments in furtherance of the purposes set 
                forth in the Mentally Ill Offender Treatment 
                and Crime Reduction Act of 2004.
          (5) Implementation grants.--
                  (A) Application.--Joint applicants that have 
                prepared a planning grant application may apply 
                to the Attorney General for approval of a 
                nonrenewable implementation grant to develop a 
                collaboration program.
                  (B) Collaboration.--To receive an 
                implementation grant, the joint applicants 
                shall--
                          (i) document that at least 1 criminal 
                        or juvenile justice agency (which can 
                        include a mental health court) and 1 
                        mental health agency will participate 
                        in the administration of the 
                        collaboration program;
                          (ii) describe the responsibilities of 
                        each participating agency, including 
                        how each agency will use grant 
                        resources to provide supervision of 
                        offenders and jointly ensure that the 
                        provision of mental health treatment 
                        services and substance abuse services 
                        for individuals with co-occurring 
                        mental health and substance abuse 
                        disorders are coordinated, which may 
                        range from consultation or 
                        collaboration to integration in a 
                        single setting or treatment model;
                          (iii) in the case of an application 
                        from a unit of local government, 
                        document that a State mental health 
                        authority has provided comment and 
                        review; and
                          (iv) involve, to the extent 
                        practicable, in developing the grant 
                        application--
                                  (I) preliminarily qualified 
                                offenders;
                                  (II) the families and 
                                advocates of such individuals 
                                under subclause (I); and
                                  (III) advocates for victims 
                                of crime.
                  (C) Content.--To be eligible for an 
                implementation grant, joint applicants shall 
                comply with the following:
                          (i) Definition of target 
                        population.--Applicants for an 
                        implementation grant shall--
                                  (I) describe the population 
                                with mental illness or co-
                                occurring mental illness and 
                                substance abuse disorders that 
                                is targeted for the 
                                collaboration program; and
                                  (II) develop guidelines that 
                                can be used by personnel of an 
                                adult or juvenile justice 
                                agency to identify 
                                preliminarily qualified 
                                offenders.
                          (ii) Services.--Applicants for an 
                        implementation grant shall--
                                  (I) ensure that preliminarily 
                                qualified offenders who are to 
                                receive treatment services 
                                under the collaboration program 
                                will first receive 
                                individualized, validated, 
                                needs-based assessments to 
                                determine, plan, and coordinate 
                                the most appropriate services 
                                for such individuals;
                                  (II) specify plans for making 
                                mental health, or mental health 
                                and substance abuse, treatment 
                                services available and 
                                accessible to preliminarily 
                                qualified offenders at the time 
                                of their release from the 
                                criminal justice system, 
                                including outside of normal 
                                business hours;
                                  (III) ensure that there are 
                                substance abuse personnel 
                                available to respond 
                                appropriately to the treatment 
                                needs of preliminarily 
                                qualified offenders;
                                  (IV) determine eligibility 
                                for Federal benefits;
                                  (V) ensure that preliminarily 
                                qualified offenders served by 
                                the collaboration program will 
                                have adequate supervision and 
                                access to effective and 
                                appropriate community-based 
                                mental health services, 
                                including, in the case of 
                                individuals with co-occurring 
                                mental health and substance 
                                abuse disorders, coordinated 
                                services, which may range from 
                                consultation or collaboration 
                                to integration in a single 
                                setting treatment model;
                                  (VI) make available, to the 
                                extent practicable, other 
                                support services that will 
                                ensure the preliminarily 
                                qualified offender's successful 
                                reintegration into the 
                                community (such as housing, 
                                education, job placement, 
                                mentoring, and health care and 
                                benefits, as well as the 
                                services of faith-based and 
                                community organizations for 
                                mentally ill individuals served 
                                by the collaboration program); 
                                and
                                  (VII) include strategies, to 
                                the extent practicable, to 
                                address developmental and 
                                learning disabilities and 
                                problems arising from a 
                                documented history of physical 
                                or sexual abuse.
                  (D) Housing and job placement.--Recipients of 
                an implementation grant may use grant funds to 
                assist mentally ill offenders compliant with 
                the program in seeking housing or employment 
                assistance.
                  (E) Policies and procedures.--Applicants for 
                an implementation grant shall strive to ensure 
                prompt access to defense counsel by criminal 
                defendants with mental illness who are facing 
                charges that would trigger a constitutional 
                right to counsel.
                  (F) Financial.--Applicants for an 
                implementation grant shall--
                          (i) explain the applicant's inability 
                        to fund the collaboration program 
                        adequately without Federal assistance;
                          (ii) specify how the Federal support 
                        provided will be used to supplement, 
                        and not supplant, State, local, Indian 
                        tribe, or tribal organization sources 
                        of funding that would otherwise be 
                        available, including billing third-
                        party resources for services already 
                        covered under programs (such as 
                        Medicaid, Medicare, and the State 
                        Children's Insurance Program); and
                          (iii) outline plans for obtaining 
                        necessary support and continuing the 
                        proposed collaboration program 
                        following the conclusion of Federal 
                        support.
                  (G) Outcomes.--Applicants for an 
                implementation grant shall--
                          (i) identify methodology and outcome 
                        measures, as required by the Attorney 
                        General and the Secretary, to be used 
                        in evaluating the effectiveness of the 
                        collaboration program;
                          (ii) ensure mechanisms are in place 
                        to capture data, consistent with the 
                        methodology and outcome measures under 
                        clause (i); and
                          (iii) submit specific agreements from 
                        affected agencies to provide the data 
                        needed by the Attorney General and the 
                        Secretary to accomplish the evaluation 
                        under clause (i).
                  (H) State plans.--Applicants for an 
                implementation grant shall describe how the 
                adult or juvenile collaboration program relates 
                to existing State criminal or juvenile justice 
                and mental health plans and programs.
                  (I) Use of funds.--Applicants that receive an 
                implementation grant may use funds for 1 or 
                more of the following purposes:
                          (i) Mental health courts and 
                        diversion/alternative prosecution and 
                        sentencing programs.--Funds may be used 
                        to create or expand existing mental 
                        health courts that meet program 
                        requirements established by the 
                        Attorney General under part V of this 
                        title, other court-based programs, or 
                        diversion and alternative prosecution 
                        and sentencing programs (including 
                        crisis intervention teams and treatment 
                        accountability services for 
                        communities) that meet requirements 
                        established by the Attorney General and 
                        the Secretary.
                          (ii) Training.--Funds may be used to 
                        create or expand programs, such as 
                        crisis intervention training, which 
                        offer specialized training to--
                                  (I) criminal justice system 
                                personnel to identify and 
                                respond appropriately to the 
                                unique needs of preliminarily 
                                qualified offenders; or
                                  (II) mental health system 
                                personnel to respond 
                                appropriately to the treatment 
                                needs of preliminarily 
                                qualified offenders.
                          (iii) Service delivery.--Funds may be 
                        used to create or expand programs that 
                        promote public safety by providing the 
                        services described in subparagraph 
                        (C)(ii) to preliminarily qualified 
                        offenders.
                          (iv) In-jail and transitional 
                        services.--Funds may be used to promote 
                        and provide mental health treatment and 
                        transitional services for those 
                        incarcerated or for transitional re-
                        entry programs for those released from 
                        any penal or correctional institution.
                          (v) Teams addressing frequent users 
                        of crisis services.--Multidisciplinary 
                        teams that--
                                  (I) coordinate, implement, 
                                and administer community-based 
                                crisis responses and long-term 
                                plans for frequent users of 
                                crisis services;
                                  (II) provide training on how 
                                to respond appropriately to the 
                                unique issues involving 
                                frequent users of crisis 
                                services for public service 
                                personnel, including criminal 
                                justice, mental health, 
                                substance abuse, emergency 
                                room, healthcare, law 
                                enforcement, corrections, and 
                                housing personnel;
                                  (III) develop or support 
                                alternatives to hospital and 
                                jail admissions for frequent 
                                users of crisis services that 
                                provide treatment, 
                                stabilization, and other 
                                appropriate supports in the 
                                least restrictive, yet 
                                appropriate, environment; and
                                  (IV) develop protocols and 
                                systems among law enforcement, 
                                mental health, substance abuse, 
                                housing, corrections, and 
                                emergency medical service 
                                operations to provide 
                                coordinated assistance to 
                                frequent users of crisis 
                                services.
                  (J) Geographic distribution of grants.--The 
                Attorney General, in consultation with the 
                Secretary, shall ensure that planning and 
                implementation grants are equitably distributed 
                among the geographical regions of the United 
                States and between urban and rural populations.
  (c) Priority.--The Attorney General, in awarding funds under 
this section, shall give priority to applications that--
          (1) promote effective strategies by law enforcement 
        to identify and to reduce risk of harm to mentally ill 
        offenders and public safety;
          (2) promote effective strategies for identification 
        and treatment of female mentally ill offenders;
          (3) promote effective strategies to expand the use of 
        mental health courts, including the use of pretrial 
        services and related treatment programs for offenders;
          (4) propose interventions that have been shown by 
        empirical evidence to reduce recidivism;
          (5) when appropriate, use validated assessment tools 
        to target preliminarily qualified offenders with a 
        moderate or high risk of recidivism and a need for 
        treatment and services; or
          (6)(A) demonstrate the strongest commitment to 
        ensuring that such funds are used to promote both 
        public health and public safety;
          (B) demonstrate the active participation of each co-
        applicant in the administration of the collaboration 
        program;
          (C) document, in the case of an application for a 
        grant to be used in whole or in part to fund treatment 
        services for adults or juveniles during periods of 
        incarceration or detention, that treatment programs 
        will be available to provide transition and reentry 
        services for such individuals; and
          (D) have the support of both the Attorney General and 
        the Secretary.
  (d) Matching Requirements.--
          (1) Federal share.--The Federal share of the cost of 
        a collaboration program carried out by a State, unit of 
        local government, Indian tribe, or tribal organization 
        under this section shall not exceed--
                  (A) 80 percent of the total cost of the 
                program during the first 2 years of the grant;
                  (B) 60 percent of the total cost of the 
                program in year 3; and
                  (C) 25 percent of the total cost of the 
                program in years 4 and 5.
          (2) Non-federal share.--The non-Federal share of 
        payments made under this section may be made in cash or 
        in-kind fairly evaluated, including planned equipment 
        or services.
  (e) Federal Use of Funds.--The Attorney General, in 
consultation with the Secretary, in administering grants under 
this section, [may use up to 3 percent] shall use not less than 
6 percent of funds appropriated to--
          (1) research the use of alternatives to prosecution 
        through pretrial diversion in appropriate cases 
        involving individuals with mental illness;
          (2) offer specialized training to personnel of 
        criminal and juvenile justice agencies in appropriate 
        diversion techniques;
          (3) provide technical assistance to local 
        governments, mental health courts, and diversion 
        programs, including technical assistance relating to 
        program evaluation;
          (4) help localities build public understanding and 
        support for community reintegration of individuals with 
        mental illness;
          (5) develop a uniform program evaluation process; and
          (6) conduct a national evaluation of the 
        collaboration program that will include an assessment 
        of its cost-effectiveness.
  (f) Interagency Task Force.--
          (1) In general.--The Attorney General and the 
        Secretary shall establish an interagency task force 
        with the Secretaries of Housing and Urban Development, 
        Labor, Education, and Veterans Affairs and the 
        Commissioner of Social Security, or their designees.
          (2) Responsibilities.--The task force established 
        under paragraph (1) shall--
                  (A) identify policies within their 
                departments that hinder or facilitate local 
                collaborative initiatives for preliminarily 
                qualified offenders; and
                  (B) submit, not later than 2 years after the 
                date of enactment of this section, a report to 
                Congress containing recommendations for 
                improved interdepartmental collaboration 
                regarding the provision of services to 
                preliminarily qualified offenders.
  [(g) Minimum Allocation.--Unless all eligible applications 
submitted by any State or unit of local government within such 
State for a planning or implementation grant under this section 
have been funded, such State, together with grantees within the 
State (other than Indian tribes), shall be allocated in each 
fiscal year under this section not less than 0.75 percent of 
the total amount appropriated in the fiscal year for planning 
or implementation grants pursuant to this section.]
  (g) Collaboration Set Aside.--The Attorney General shall use 
not less than 8 percent of funds appropriated to provide 
technical assistance to State and local governments receiving 
grants under this part to foster collaboration between such 
governments in furtherance of the purposes set forth in section 
3 of the Mentally Ill Offender Treatment and Crime Reduction 
Act of 2004 (34 U.S.C. 10651 note).
  (h) Law Enforcement Response to Mentally Ill Offenders 
Improvement Grants.--
          (1) Authorization.--The Attorney General is 
        authorized to make grants under this section to States, 
        units of local government, Indian tribes, and tribal 
        organizations for the following purposes:
                  (A) Training programs.--To provide for 
                programs that offer law enforcement personnel 
                specialized and comprehensive training in 
                procedures to identify and respond 
                appropriately to incidents in which the unique 
                needs of individuals with mental illnesses are 
                involved.
                  (B) Receiving centers.--To provide for the 
                development of specialized receiving centers to 
                assess individuals in the custody of law 
                enforcement personnel for suicide risk and 
                mental health and substance abuse treatment 
                needs.
                  (C) Improved technology.--To provide for 
                computerized information systems (or to improve 
                existing systems) to provide timely information 
                to law enforcement personnel and criminal 
                justice system personnel to improve the 
                response of such respective personnel to 
                mentally ill offenders.
                  (D) Cooperative programs.--To provide for the 
                establishment and expansion of cooperative 
                efforts by criminal and juvenile justice 
                agencies and mental health agencies to promote 
                public safety through the use of effective 
                intervention with respect to mentally ill 
                offenders.
                  (E) Campus security personnel training.--To 
                provide for programs that offer campus security 
                personnel training in procedures to identify 
                and respond appropriately to incidents in which 
                the unique needs of individuals with mental 
                illnesses are involved.
                  (F) Academy training.--To provide support for 
                academy curricula, law enforcement officer 
                orientation programs, continuing education 
                training, and other programs that teach law 
                enforcement personnel how to identify and 
                respond to incidents involving persons with 
                mental health disorders or co-occurring mental 
                health and substance abuse disorders.
          (2) BJA training models.--For purposes of paragraph 
        (1)(A), the Director of the Bureau of Justice 
        Assistance shall develop training models for training 
        law enforcement personnel in procedures to identify and 
        respond appropriately to incidents in which the unique 
        needs of individuals with mental illnesses are 
        involved, including suicide prevention.
          (3) Matching funds.--The Federal share of funds for a 
        program funded by a grant received under this 
        subsection may not exceed 50 percent of the costs of 
        the program. The non-Federal share of payments made for 
        such a program may be made in cash or in-kind fairly 
        evaluated, including planned equipment or services.
          (4) Priority consideration.--The Attorney General, in 
        awarding grants under this subsection, shall give 
        priority to programs that law enforcement personnel and 
        members of the mental health and substance abuse 
        professions develop and administer cooperatively.
  (i) Assisting Veterans.--
          (1) Definitions.--In this subsection:
                  (A) Peer-to-peer services or programs.--The 
                term ``peer-to-peer services or programs'' 
                means services or programs that connect 
                qualified veterans with other veterans for the 
                purpose of providing support and mentorship to 
                assist qualified veterans in obtaining 
                treatment, recovery, stabilization, or 
                rehabilitation.
                  (B) Qualified veteran.--The term ``qualified 
                veteran'' means a preliminarily qualified 
                offender who--
                          (i) served on active duty in any 
                        branch of the Armed Forces, including 
                        the National Guard or Reserves; and
                          (ii) was discharged or released from 
                        such service under conditions other 
                        than dishonorable, unless the reason 
                        for the dishonorable discharge was 
                        attributable to a substance abuse 
                        disorder.
                  (C) Veterans treatment court program.--The 
                term ``veterans treatment court program'' means 
                a court program involving collaboration among 
                criminal justice, veterans, and mental health 
                and substance abuse agencies that provides 
                qualified veterans with--
                          (i) intensive judicial supervision 
                        and case management, which may include 
                        random and frequent drug testing where 
                        appropriate;
                          (ii) a full continuum of treatment 
                        services, including mental health 
                        services, substance abuse services, 
                        medical services, and services to 
                        address trauma;
                          (iii) alternatives to incarceration; 
                        or
                          (iv) other appropriate services, 
                        including housing, transportation, 
                        mentoring, employment, job training, 
                        education, or assistance in applying 
                        for and obtaining available benefits.
          (2) Veterans assistance program.--
                  (A) In general.--The Attorney General, in 
                consultation with the Secretary of Veterans 
                Affairs, may award grants under this subsection 
                to applicants to establish or expand--
                          (i) veterans treatment court 
                        programs;
                          (ii) peer-to-peer services or 
                        programs for qualified veterans;
                          (iii) practices that identify and 
                        provide treatment, rehabilitation, 
                        legal, transitional, and other 
                        appropriate services to qualified 
                        veterans who have been incarcerated; or
                          (iv) training programs to teach 
                        criminal justice, law enforcement, 
                        corrections, mental health, and 
                        substance abuse personnel how to 
                        identify and appropriately respond to 
                        incidents involving qualified veterans.
                  (B) Priority.--In awarding grants under this 
                subsection, the Attorney General shall give 
                priority to applications that--
                          (i) demonstrate collaboration between 
                        and joint investments by criminal 
                        justice, mental health, substance 
                        abuse, and veterans service agencies;
                          (ii) promote effective strategies to 
                        identify and reduce the risk of harm to 
                        qualified veterans and public safety; 
                        and
                          (iii) propose interventions with 
                        empirical support to improve outcomes 
                        for qualified veterans.
  (j) Forensic Assertive Community Treatment (FACT) Initiative 
Program.--
          (1) In general.--The Attorney General may make grants 
        to States, units of local government, territories, 
        Indian Tribes, nonprofit agencies, or any combination 
        thereof, to develop, implement, or expand Assertive 
        Community Treatment initiatives to develop forensic 
        assertive community treatment (referred to in this 
        subsection as ``FACT'') programs that provide high 
        intensity services in the community for individuals 
        with mental illness with involvement in the criminal 
        justice system to prevent future incarcerations.
          (2) Allowable uses.--Grant funds awarded under this 
        subsection may be used for--
                  (A) multidisciplinary team initiatives for 
                individuals with mental illnesses with criminal 
                justice involvement that address criminal 
                justice involvement as part of treatment 
                protocols;
                  (B) FACT programs that involve mental health 
                professionals, criminal justice agencies, 
                chemical dependency specialists, nurses, 
                psychiatrists, vocational specialists, forensic 
                peer specialists, forensic specialists, and 
                dedicated administrative support staff who work 
                together to provide recovery oriented, 24/7 
                wraparound services;
                  (C) services such as integrated evidence-
                based practices for the treatment of co-
                occurring mental health and substance-related 
                disorders, assertive outreach and engagement, 
                community-based service provision at 
                participants' residence or in the community, 
                psychiatric rehabilitation, recovery oriented 
                services, services to address criminogenic risk 
                factors, and community tenure;
                  (D) payments for treatment providers that are 
                approved by the State or Indian Tribe and 
                licensed, if necessary, to provide needed 
                treatment to eligible offenders participating 
                in the program, including behavioral health 
                services and aftercare supervision; and
                  (E) training for all FACT teams to promote 
                high-fidelity practice principles and technical 
                assistance to support effective and continuing 
                integration with criminal justice agency 
                partners.
          (3) Supplement and not supplant.--Grants made under 
        this subsection shall be used to supplement, and not 
        supplant, non-Federal funds that would otherwise be 
        available for programs described in this subsection.
          (4) Applications.--To request a grant under this 
        subsection, a State, unit of local government, 
        territory, Indian Tribe, or nonprofit agency shall 
        submit an application to the Attorney General in such 
        form and containing such information as the Attorney 
        General may reasonably require.
  (k) Sequential Intercept Grants.--
          (1) Definition.--In this subsection, the term 
        ``eligible entity'' means a State, unit of local 
        government, Indian tribe, or tribal organization.
          (2) Authorization.--The Attorney General may make 
        grants under this subsection to an eligible entity for 
        sequential intercept mapping and implementation in 
        accordance with paragraph (3).
          (3) Sequential intercept mapping; implementation.--An 
        eligible entity that receives a grant under this 
        subsection may use funds for--
                  (A) sequential intercept mapping, which--
                          (i) shall consist of--
                                  (I) convening mental health 
                                and criminal justice 
                                stakeholders to--
                                          (aa) develop a shared 
                                        understanding of the 
                                        flow of justice-
                                        involved individuals 
                                        with mental illnesses 
                                        through the criminal 
                                        justice system; and
                                          (bb) identify 
                                        opportunities for 
                                        improved collaborative 
                                        responses to the risks 
                                        and needs of 
                                        individuals described 
                                        in item (aa); and
                                  (II) developing strategies to 
                                address gaps in services and 
                                bring innovative and effective 
                                programs to scale along 
                                multiple intercepts, 
                                including--
                                          (aa) emergency and 
                                        crisis services;
                                          (bb) specialized 
                                        police-based responses;
                                          (cc) court hearings 
                                        and disposition 
                                        alternatives;
                                          (dd) reentry from 
                                        jails and prisons; and
                                          (ee) community 
                                        supervision, treatment 
                                        and support services; 
                                        and
                          (ii) may serve as a starting point 
                        for the development of strategic plans 
                        to achieve positive public health and 
                        safety outcomes; and
                  (B) implementation, which shall--
                          (i) be derived from the strategic 
                        plans described in subparagraph 
                        (A)(ii); and
                          (ii) consist of--
                                  (I) hiring and training 
                                personnel;
                                  (II) identifying the eligible 
                                entity's target population;
                                  (III) providing services and 
                                supports to reduce unnecessary 
                                penetration into the criminal 
                                justice system;
                                  (IV) reducing recidivism;
                                  (V) evaluating the impact of 
                                the eligible entity's approach; 
                                and
                                  (VI) planning for the 
                                sustainability of effective 
                                interventions.
  (l) Correctional Facilities.--
          (1) Definitions.--
                  (A) Correctional facility.--The term 
                ``correctional facility'' means a jail, prison, 
                or other detention facility used to house 
                people who have been arrested, detained, held, 
                or convicted by a criminal justice agency or a 
                court.
                  (B) Eligible inmate.--The term ``eligible 
                inmate'' means an individual who--
                          (i) is being held, detained, or 
                        incarcerated in a correctional 
                        facility; and
                          (ii) manifests obvious signs of a 
                        mental illness or has been diagnosed by 
                        a qualified mental health professional 
                        as having a mental illness.
          (2) Correctional facility grants.--The Attorney 
        General may award grants to applicants to enhance the 
        capabilities of a correctional facility--
                  (A) to identify and screen for eligible 
                inmates;
                  (B) to plan and provide--
                          (i) initial and periodic assessments 
                        of the clinical, medical, and social 
                        needs of inmates; and
                          (ii) appropriate treatment and 
                        services that address the mental health 
                        and substance abuse needs of inmates;
                  (C) to develop, implement, and enhance--
                          (i) post-release transition plans for 
                        eligible inmates that, in a 
                        comprehensive manner, coordinate 
                        health, housing, medical, employment, 
                        and other appropriate services and 
                        public benefits;
                          (ii) the availability of mental 
                        health care services and substance 
                        abuse treatment services; and
                          (iii) alternatives to solitary 
                        confinement and segregated housing and 
                        mental health screening and treatment 
                        for inmates placed in solitary 
                        confinement or segregated housing; and
                  (D) to train each employee of the 
                correctional facility to identify and 
                appropriately respond to incidents involving 
                inmates with mental health or co-occurring 
                mental health and substance abuse disorders.
  (m) Accountability.--All grants awarded by the Attorney 
General under this section shall be subject to the following 
accountability provisions:
          (1) Audit requirement.--
                  (A) Definition.--In this paragraph, the term 
                ``unresolved audit finding'' means a finding in 
                the final audit report of the Inspector General 
                of the Department of Justice that the audited 
                grantee has utilized grant funds for an 
                unauthorized expenditure or otherwise 
                unallowable cost that is not closed or resolved 
                within 12 months from the date when the final 
                audit report is issued.
                  (B) Audits.--Beginning in the first fiscal 
                year beginning after the date of enactment of 
                this subsection, and in each fiscal year 
                thereafter, the Inspector General of the 
                Department of Justice shall conduct audits of 
                recipients of grants under this section to 
                prevent waste, fraud, and abuse of funds by 
                grantees. The Inspector General shall determine 
                the appropriate number of grantees to be 
                audited each year.
                  (C) Mandatory exclusion.--A recipient of 
                grant funds under this section that is found to 
                have an unresolved audit finding shall not be 
                eligible to receive grant funds under this 
                section during the first 2 fiscal years 
                beginning after the end of the 12-month period 
                described in subparagraph (A).
                  (D) Priority.--In awarding grants under this 
                section, the Attorney General shall give 
                priority to eligible applicants that did not 
                have an unresolved audit finding during the 3 
                fiscal years before submitting an application 
                for a grant under this section.
                  (E) Reimbursement.--If an entity is awarded 
                grant funds under this section during the 2-
                fiscal-year period during which the entity is 
                barred from receiving grants under subparagraph 
                (C), the Attorney General shall--
                          (i) deposit an amount equal to the 
                        amount of the grant funds that were 
                        improperly awarded to the grantee into 
                        the General Fund of the Treasury; and
                          (ii) seek to recoup the costs of the 
                        repayment to the fund from the grant 
                        recipient that was erroneously awarded 
                        grant funds.
          (2) Nonprofit organization requirements.--
                  (A) Definition.--For purposes of this 
                paragraph and the grant programs under this 
                part, the term ``nonprofit organization'' means 
                an organization that is described in section 
                501(c)(3) of the Internal Revenue Code of 1986 
                and is exempt from taxation under section 
                501(a) of such Code.
                  (B) Prohibition.--The Attorney General may 
                not award a grant under this part to a 
                nonprofit organization that holds money in 
                offshore accounts for the purpose of avoiding 
                paying the tax described in section 511(a) of 
                the Internal Revenue Code of 1986.
                  (C) Disclosure.--Each nonprofit organization 
                that is awarded a grant under this section and 
                uses the procedures prescribed in regulations 
                to create a rebuttable presumption of 
                reasonableness for the compensation of its 
                officers, directors, trustees, and key 
                employees, shall disclose to the Attorney 
                General, in the application for the grant, the 
                process for determining such compensation, 
                including the independent persons involved in 
                reviewing and approving such compensation, the 
                comparability data used, and contemporaneous 
                substantiation of the deliberation and 
                decision. Upon request, the Attorney General 
                shall make the information disclosed under this 
                subparagraph available for public inspection.
          (3) Conference expenditures.--
                  (A) Limitation.--No amounts made available to 
                the Department of Justice under this section 
                may be used by the Attorney General, or by any 
                individual or entity awarded discretionary 
                funds through a cooperative agreement under 
                this section, to host or support any 
                expenditure for conferences that uses more than 
                $20,000 in funds made available by the 
                Department of Justice, unless the head of the 
                relevant agency or department, provides prior 
                written authorization that the funds may be 
                expended to host the conference.
                  (B) Written approval.--Written approval under 
                subparagraph (A) shall include a written 
                estimate of all costs associated with the 
                conference, including the cost of all food, 
                beverages, audio-visual equipment, honoraria 
                for speakers, and entertainment.
                  (C) Report.--The Deputy Attorney General 
                shall submit an annual report to the Committee 
                on the Judiciary of the Senate and the 
                Committee on the Judiciary of the House of 
                Representatives on all conference expenditures 
                approved under this paragraph.
          (4) Annual certification.--Beginning in the first 
        fiscal year beginning after the date of enactment of 
        this subsection, the Attorney General shall submit, to 
        the Committee on the Judiciary and the Committee on 
        Appropriations of the Senate and the Committee on the 
        Judiciary and the Committee on Appropriations of the 
        House of Representatives, an annual certification--
                  (A) indicating whether--
                          (i) all audits issued by the Office 
                        of the Inspector General under 
                        paragraph (1) have been completed and 
                        reviewed by the appropriate Assistant 
                        Attorney General or Director;
                          (ii) all mandatory exclusions 
                        required under paragraph (1)(C) have 
                        been issued; and
                          (iii) all reimbursements required 
                        under paragraph (1)(E) have been made; 
                        and
                  (B) that includes a list of any grant 
                recipients excluded under paragraph (1) from 
                the previous year.
  (n) Preventing Duplicative Grants.--
          (1) In general.--Before the Attorney General awards a 
        grant to an applicant under this section, the Attorney 
        General shall compare potential grant awards with other 
        grants awarded under this Act to determine if duplicate 
        grant awards are awarded for the same purpose.
          (2) Report.--If the Attorney General awards duplicate 
        grants to the same applicant for the same purpose the 
        Attorney General shall submit to the Committee on the 
        Judiciary of the Senate and the Committee on the 
        Judiciary of the House of Representatives a report that 
        includes--
                  (A) a list of all duplicate grants awarded, 
                including the total dollar amount of any 
                duplicate grants awarded; and
                  (B) the reason the Attorney General awarded 
                the duplicate grants.
  (o) Authorization of Appropriations.--(1) In general.--There 
are authorized to be appropriated to the Department of Justice 
to carry out this section--
          (A) $50,000,000 for fiscal year 2005;
          (B) such sums as may be necessary for each of the 
        fiscal years 2006 and 2007; and
          (C) $50,000,000 for each of the fiscal years 2017 
        through 2021.
  (2) Allocation of Funding for Administrative Purposes.--For 
fiscal year 2009 and each subsequent fiscal year, of the 
amounts authorized under paragraph (1) for such fiscal year, 
the Attorney General may obligate not more than 3 percent for 
the administrative expenses of the Attorney General in carrying 
out this section for such fiscal year.
  (3) Limitation.--Not more than 20 percent of the funds 
authorized to be appropriated under this section may be used 
for purposes described in subsection (i) (relating to 
veterans).

           *       *       *       *       *       *       *

                            Dissenting Views

    H.R. 5682, known as the ``FIRST STEP Act,'' would establish 
a new system to be administered by the Federal Bureau of 
Prisons (BOP) to allow federal prisoners to earn early entrance 
into pre-release custody by participating in programs or 
activities to reduce recidivism. Despite the bill's good 
intentions, we must oppose it because we believe the new 
incentive system could exacerbate racial biases in our criminal 
justice system and, unlike previous criminal justice reform 
efforts, is not balanced with necessary reforms to our federal 
sentencing system. As Monday's New York Times editorial 
observed:

          The biggest problem with the First Step Act, however, 
        isn't what's in it; it's what's left out. Specifically, 
        sentencing reform. Harsh sentencing laws passed in the 
        1980s and 1990s, like mandatory minimums of 10 or 20 
        years even for low-level drug crimes, have been among 
        the main drivers of the nation's exploding prison 
        population. If the states' experience has demonstrated 
        anything, it's that effective justice reform can't 
        happen without addressing both ends of the problem at 
        once--not simply helping the people now behind bars, 
        but limiting how many get locked up in the first place. 
        . . .[A] partial bill could end up being worse than 
        nothing, especially if its benefits don't live up to 
        expectations, and if Congress, which has many other 
        pressing matters to attend to, decides it's had enough 
        of the topic. ``Get a bill to my desk,'' Mr. Trump said 
        on Friday [at a forum on prison issues]. ``I will sign 
        it.'' If he means this, and if he genuinely cares about 
        reforming the federal justice system, he'll demand a 
        bill that addresses the system's most pressing 
        problems.\1\
---------------------------------------------------------------------------
    \1\Editorial, The Right Way to Fix Prisons, N.Y. Times, May 21, 
2018, at A22 (emphasis added), available at https://www.nytimes.com/
2018/05/20/opinion/trump-prison-reform.html.

And as former Attorney General Eric Holder writes in today's 
Washington Post, ``to reform America's prison, we must change 
the laws that send people to them in the first place. Anything 
less represents a failure of leadership.''\2\
---------------------------------------------------------------------------
    \2\Eric H. Holder, Jr., Opinion, There's Something Huge Missing 
from the White House's Prison Bill, Wash. Post, May 22, 2018 (emphasis 
added), available at https://www.washingtonpost.com/opinions/dont-let-
the-trump-administration-derail-criminal-justice-reform/2018/05/21/
7b3374d8-5d17-11e8-b2b8-
08a538d9dbd6_story.html?noredirect=on&utm_term=.6eaf0e2cf782.
---------------------------------------------------------------------------
    It is also notable that H.R. 5682 is opposed by the vast 
majority of civil rights and criminal justice advocacy 
organizations, organized labor, and religious organizations, 
including the Leadership Conference on Civil and Human Rights 
(LCCHR), the ACLU, the Center for American Progress, the NAACP 
and NAACP Legal Defense and Educational Fund, the AFL-CIO, the 
American Federation of Government Employees, the National 
Immigration Law Center, United We Dream, the Brennan Center for 
Justice, Law Enforcement Leaders to Reduce Crime and 
Incarceration, the Religious Action Center of Reform Judaism, 
Bend the Arc, the National Bar Association, People for the 
American Way, the Southern Poverty Law Center, and former U.S. 
Attorney General Eric Holder.\3\
---------------------------------------------------------------------------
    \3\Letter from Leadership Conference on Civil and Human Rights and 
ACLU signed by more than 70 other organizations to H. Comm. on the 
Judiciary Members (May 8, 2018); see also Letter from Law Enforcement 
Leaders to Reduce Crime & Incarceration on Law Enforcement Perspective 
on the FIRST STEP Act to Rep. Paul Ryan (R-WI), Speaker of the House, 
et al., (May 9, 2018); Letter from the American Federation of 
Government Employees on to Sen. Chuck Grassley (R-IA), Chair, S. Comm. 
on the Judiciary, et al. (May 8, 2018) (on file with H. Comm. on the 
Judiciary Democratic staff).
---------------------------------------------------------------------------

                        CONCERNS WITH H.R. 5682

    Title I of the bill would authorize the development and 
implementation a new system to allow federal prisoners to 
participate in recidivism reduction programming (such as 
education, counseling, drug treatment, and job training), and 
earn time credits which would allow them to be eligible for 
pre-release custody (but not end their sentences early). 
Unfortunately, some inmates who might want to participate would 
not be eligible to earn these time credits at all; and some who 
are otherwise eligible and do earn time credits might not be 
granted pre-release custody because of the applicability of a 
new risk assessment system to be developed by BOP.
    As a threshold matter, several categories of prisoners 
would be excluded entirely from eligibility to earn time 
credits based on the nature of their offense, including a 
limited range of drug offenses.\4\ The legislation also 
specifically excludes most non-citizens from being eligible for 
time credits.\5\ Specifically, the bill excludes undocumented 
individuals, including those who remained in the United States 
longer than permitted, even if they have no previous 
involvement in the criminal justice system. The bill also 
excludes lawful permanent residents with certain criminal 
convictions triggering removability, including marijuana 
possession.\6\ Indeed, as currently written, such lawful 
permanent residents could be excluded even if they are eligible 
for, and ultimately receive, relief under U.S. immigration 
laws.
---------------------------------------------------------------------------
    \4\H.R. 5682, 115th Cong. Sec. 101(a) (2018) (amending title 18 of 
the U.S. Code to add section 3632(d)(4)(D)). The legislation specifies 
48 separate statutory exclusions of offenses for prisoners who are 
deemed not eligible to receive time credits, including certain drug 
offenses.
    \5\Id. (amending title 18 of the U.S. Code to add section 
3632(d)(4)(B), which provides that a ``prisoner may not earn time 
credits . . . if that prisoner is an inadmissible or deportable alien 
under the immigration laws[.]''). Under the legislation, a prisoner 
does not need to be subject to a final order of deportation to be 
excluded from the program. New section 3632(d)(4)(D)(xliii) also adds 
certain immigration offenses relating to reentry to the list of 
individuals who are ``ineligible to receive time credits.''
    \6\See, e.g., 8 U.S.C. Sec. 237(a)(2) (2018) (making lawful 
permanent residents and other immigrants deportable for, among other 
things, multiple theft offenses, possession of more than 30 grams of 
marijuana (even if for personal use), or being a drug addict).
---------------------------------------------------------------------------
    The National Immigrant Justice Center, the Immigrant 
Justice Network, the Immigrant Defense Project, the National 
Immigration Project of the National Lawyers Guild, the 
Immigrant Legal Resource Center, and the ACLU have expressed 
concerns that the ``bill excludes from its reforms most 
undocumented immigrants and many long-time lawful permanent 
residents. . . . This bill further criminalizes migration, a 
significant percentage of those currently serving time in 
federal prison, by including certain illegal reentry 
convictions in the list of those offenses that disqualify 
individuals from receiving time credit.''\7\
---------------------------------------------------------------------------
    \7\Press Release, The National Immigrant Justice Center, the 
Immigrant Justice Network, the Immigrant Defense Project, the National 
Immigration Project of the National Lawyers Guild, the Immigrant Legal 
Resource Center, & the ACLU, The FIRST STEP Act's Harmful Impact on 
Immigrant Communities (May 22, 2018).
---------------------------------------------------------------------------
    Further, both of these types of exclusions would 
disincentivize large categories of inmates from participating 
in recidivism reduction programs and potentially have a 
racially disparate impact on the federal prison system. As the 
LCCHR, ACLU, and more than 70 civil rights and criminal justice 
advocacy organizations wrote to us:

          The long list of exclusions in the bill sweep in, for 
        example, those convicted of certain immigration 
        offenses and drug offenses. . . . [M]any people could 
        be excluded from utilizing the time credits they earned 
        after completing the programming. Furthermore the 
        exclusions could also have a disparate impact on racial 
        minorities since the majority of those held in federal 
        prison for immigration and drug offenses are people of 
        color.\8\
---------------------------------------------------------------------------
    \8\Letter from Leadership Conference on Civil and Human Rights and 
ACLU signed by more than 70 other organizations to H. Comm. on the 
Judiciary Members (May 8, 2018). It is worth noting that this was a 
serious concern even of one of the bill's supporters, Families Against 
Mandatory Minimums, which wrote that ``the best evidence we have about 
prison programming is that it should be targeted at individuals who 
need it the most and that incentives should be used to encourage 
participation. We fear that the bill's failure to direct incentivized 
programming to this group will result in little or no reduction in the 
federal recidivism rate, and, worse, that that failure will be blamed 
on prisoners and not the bill's mistaken design.'' Memorandum from FAMM 
to Reps. Doug Collins (R-GA) & Hakeem Jeffries (D-NY) (May 8, 2018).

    In addition, certain prisoners who are eligible to earn 
good time credits and are able to successfully participate in 
recidivism reduction programs would face being denied early 
entry to pre-release custody if the inmate is not judged to be 
a ``low recidivism risk'' under the new risk assessment 
system.\9\ We believe as a matter of equity our federal prison 
system should not dangle a promise to prisoners of early 
release to a half-way house if they work hard in recidivism 
reduction programs only to tell them at the end of the process 
they cannot redeem the credits they earned because of 
determinations made by this new risk assessment system.
---------------------------------------------------------------------------
    \9\H.R. 5682, 115th Cong. Sec. 102(b) (2018) (amending title 18 of 
the U.S. Code to add section 3624(g), referencing ``minimum or low 
recidivism risk'' as a principal factor in ascertaining eligibility for 
prerelease custody).
---------------------------------------------------------------------------
    Even more importantly, application of the new risk 
assessment system to inmates could exacerbate racial and 
socioeconomic disparities already present in the criminal 
justice system. As the LCCHR, ACLU and others warned, 
``[R]elying on a risk assessment tool for earning time credits 
could amplify racial disparities and perpetuate other 
injustices in the criminal justice system. Studies have shown 
that these tools can produce results that are heavily biased 
against Black defendants and have a disparate negative impact 
on African Americans . . . . [and] that African Americans are 
more likely to be misclassified than White or Hispanic 
offenders.''\10\
---------------------------------------------------------------------------
    \10\Letter from Leadership Conference on Civil and Human Rights and 
ACLU signed by more than 70 other organizations to H. Comm. on the 
Judiciary Members (May 8, 2018).
---------------------------------------------------------------------------
    We recognize and appreciate that the sponsors were able to 
add provisions to the legislation in an effort to mitigate 
concerns regarding racial and other disparities. These include 
requiring the Justice Department to conduct a review of the 
risk assessment system to limit ``unwarranted disparities;'' 
periodic Government Accountability Office reviews of such 
disparities; requiring that the recidivism reduction 
programming and risk assessment system be ``evidence-based''; 
and allowing a warden to override an inmate's medium or high-
risk classification to allow access to pre-release custody.\11\ 
However, in our view--and the view of the vast majority of the 
civil rights advocacy community--the effectiveness of these 
mitigating provisions is too untested and uncertain. Although 
well-intended, the reality is that these provisions have never 
been scrutinized in a legislative hearing, provide no access to 
judicial or mandatory congressional review, do not limit the 
disparities inherent in the initial statutory exclusions from 
eligibility for time credits, and most importantly, fail to 
address the racial bias inherent in our criminal justice system 
stemming from discredited and outdated mandatory minimum 
sentences.
---------------------------------------------------------------------------
    \11\We understand a similar system has been utilized in Louisiana.
---------------------------------------------------------------------------

                 FAILURE TO INCLUDE SENTENCING REFORMS

    Just as important as our concerns about exclusions from the 
recidivism reduction program and eligibility for early entry 
into pre-release custody, we believe prison reform legislation 
alone will not ameliorate the crisis of mass incarceration 
unless we address the principal cause of the problem--unjust 
sentencing laws. As recently stated by the Legislative 
Committee of the Federal Public and Community Defenders:

          [T]he need for and benefits of sentencing reform are 
        well-established by three decades of experience and 
        data. The most significant driver of the five-fold 
        increase in the federal prison population over those 30 
        years has been mandatory minimums, particularly those 
        for drug offenses. The extreme levels of incarceration 
        come at a human and financial cost that is unjustified 
        by the legitimate purposes of sentencing, and that 
        perversely undermines public safety.\12\
---------------------------------------------------------------------------
    \12\Letter from the Legislative Committee of the Federal Public and 
Community Defenders to Sen. Chuck Grassley (R-IA) et al. (Apr. 24, 
2018).

And even legislative supporters, such as Families Against 
Mandatory Minimums, have written that ``sentencing reform 
should be included in any final justice reform package.''\13\
---------------------------------------------------------------------------
    \13\Memorandum from FAMM to Reps. Doug Collins (R-GA) & Hakeem 
Jeffries (D-NY) (May 8, 2018).
---------------------------------------------------------------------------
    Over the past four decades, the U.S. prison population has 
skyrocketed. There are 2.3 million people currently in the 
nation's prisons and jails, which represents a more than 500% 
increase over the last 40 years.\14\ During the period of 1980 
to the present, the federal prison population has grown from 
approximately 25,000 to 184,000.\15\ Equally as important are 
the social costs of increased imprisonment, which 
disproportionately affect low-income and minority communities 
as well as society's more vulnerable individuals, such as the 
mentally ill.\16\ According to the BOP, nearly 40 percent of 
the federal prison population is African-American,\17\ while 
African-Americans constitute only 13.2 percent of the general 
U.S. population.\18\ Similarly, 32.8 percent of the federal 
prison population is Hispanic,\19\ compared to only 17.4 
percent of the general U.S. population.\20\
---------------------------------------------------------------------------
    \14\Pete Wagner & Wendy Sawyer, Mass Incarceration: The Whole Pie 
2018, Prison Policy Initiative (Mar. 2018), available at https://
www.prisonpolicy.org/reports/pie2017.html
    \15\Federal Bureau of Prisons, Statistics: Total Federal Inmates 
(accessed May 11, 2018), available at https://www.bop.gov/about/
statistics/population_statistics.jsp. In recent years, the Justice 
Department's expenditures on prisons have constituted from 20 to 25 
percent of its total outlays. Nathan James, FY2017 Appropriations for 
the Department of Justice, Cong. Research Serv. Rep. (May 30, 2017); 
see also U.S. Dep't of Justice, FY 2018 Budget Request at a Glance, 
(accessed May 11, 2018) available at https://www.justice.gov/jmd/page/
file/968276/download.
    \16\Emily Badger, The Meteoric, Costly and Unprecedented Rise of 
Incarceration in America,'' Wash. Post (Apr. 30, 2014), available at 
https://www.washingtonpost.com/news/wonk/wp/2014/04/30/the-meteoric-
costly-and-unprecedented-rise-of-incarceration-in-america.
    \17\Federal Bureau of Prisons, Statistics: Inmate Ethnicity, 
(accessed May 11, 2018), available at https://www.bop.gov/about/
statistics/statistics_inmate_race.jsp.
    \18\U.S. Census Bureau, Quick Facts: United States (accessed May 
11, 2018), available at https://www.census.gov/quickfacts/fact/table/
US/PST045216.
    \19\Federal Bureau of Prisons, Statistics: Inmate Ethnicity 
(accessed May 11, 2018), available at https://www.bop.gov/about/
statistics/statistics_inmate_race.jsp.
    \20\U.S. Census Bureau, Quick Facts: United States (accessed May 
11, 2018), available at https://www.census.gov/quickfacts/fact/table/
US/PST045216. If state prison populations are taken into account, 
minorities constitute 60 percent of the U.S. prison population. Emily 
Badger, ``The Meteoric, Costly and Unprecedented Rise of Incarceration 
in America, Wash. Post (Apr. 30, 2014) available at https://
www.washingtonpost.com/news/wonk/wp/2014/04/30/the-meteoric-costly-and-
unprecedented-rise-of-incarceration-in-america. As a result of these 
higher incarceration rates, African-American men under the age of 35 
and who lack a high school diploma are more likely to be in prison than 
to be a participant in the labor market. Id.
---------------------------------------------------------------------------
    When the Judiciary Committee began the effort to examine 
the problem of over-criminalization and mass incarceration 
several years ago, Members on both sides of the aisle 
recognized the negative impact of excessive sentencing in 
general, and mandatory minimums in particular. As a result, the 
Judiciary Committee in the last Congress approved sentencing 
reform legislation as part of a bipartisan package of criminal 
justice reforms. Unfortunately, H.R. 5682 does not include any 
reforms to our sentencing laws, and the Committee has made no 
progress in developing bipartisan sentencing reform legislation 
this Congress. During the Committee's consideration of this 
bill, Ranking Member Jerrold Nadler (D-NY) moved to postpone 
the markup session so that the Committee could work towards an 
agreement on sentencing reform legislation, but the Majority 
tabled the motion.

                               CONCLUSION

    Members on both sides of the aisle have worked in good 
faith over many years on both criminal justice reform and 
prison-related issues. In particular, we commend Representative 
Hakeem Jeffries (D-NY) for his work in narrowing H.R. 5682's 
list of statutory exclusions and including language designed to 
mitigate some of the racial disparities that could exist under 
the new risk assessment system; Representative Cedric Richmond 
(D-LA) for amending the legislation to insure that the new good 
time credit language for early release is applied 
retroactively; and Representative Karen Bass (D-CA) for 
including language banning the shackling of pregnant women 
prisoners. They have worked with Crime Subcommittee Ranking 
Member Representative Sheila Jackson Lee (D-TX), Representative 
Doug Collins (R-GA), Chairman Bob Goodlatte (R-VA), and others 
in an effort to improve this legislation. We also support 
provisions in the legislation that, among other things, enhance 
opportunities for elder and compassionate relief, expand use 
and eligibility of home confinement, provide identification 
documents for prisoners who are about to be released, and place 
prisoners closer to their families.
    Unfortunately, these improvements--many of the latter of 
which could be implemented administratively--do not offset our 
above-noted concerns that the legislation's statutory 
exclusions from eligibility for pre-release credits and biases 
in the proposed new risk assessment system remain likely to 
perpetuate and compound the very serious racial and other 
socioeconomic biases embedded in our criminal justice system. 
The fact that after waiting nearly one and one-half years to 
take up the issue of criminal justice reform, the Majority was 
unwilling to subject H.R. 5682 to a single legislative hearing 
so we could examine its efficacy, or await the completion of a 
Congressional Budget Office score, before its consideration 
only compounds our fears.
    These same concerns were present in the previous Congress, 
but were limited in a context where prison reform was being 
paired with sentencing reform legislation directly addressing 
the problems of racial bias in prosecution and sentencing. By 
delinking these efforts at the request of the Trump 
Administration, the Majority has put us in the untenable 
position of not just asking us to support ``half a loaf,'' but 
asking us to endorse legislation that taken alone could 
exacerbate the problem of bias in our criminal justice system.
    We do not believe that at this juncture we can accept 
opposition to sentencing reform by a Trump Administration that 
changes its legislative positions on a near-daily basis and has 
already done so much to weaken and undermine the criminal 
justice system.\21\ Nor do we believe that more balanced reform 
is not viable when Senator Chuck Grassley, the Republican 
Chairman of the Senate Judiciary Committee and Senator Dick 
Durbin, the Democratic Whip, have unequivocally stated that 
``for any criminal justice reform proposal to win approval in 
the Senate, it must include . . . sentencing reform.''\22\ That 
is why we want to pursue the strongest set of reforms possible, 
consistent with the empirical evidence and expert outside 
input.
---------------------------------------------------------------------------
    \21\Among other things, the Trump Justice Department has rescinded 
Obama Administration orders phasing out the use of private prisons, 
limited the use of consent decrees to oversee local law enforcement, 
overturned Attorney General Holder's ``Smart on Crime Initiative'' 
thereby directing U.S. Attorneys to seek the harshest possible 
penalties for drug crimes, and removed barriers holding back 
prosecution of marijuana offenses in states that have legalized its 
possession. The Trump BOP has also been subject to considerable 
criticism and controversy, and the Director, Marc Inch, resigned on May 
18, 2018. See Danielle Ivory, Director of Bureau of Prisons to Step 
Down, N.Y. Times, May 18, 2018, available at https://www.nytimes.com/
2018/05/18/us/politics/mark-inch-director-bureau-of-prisons-
resigns.html (``Over the last year, the prison agency has been the 
subject of a review by the House Oversight and Government Reform 
Committee over allegations of staffing shortages, sexual harassment and 
other problems. . . . Last week, reports emerged that the Justice 
Department was seeking to roll back policies offering protections for 
gay and transgender people at the prisons bureau. The agency will now 
use an inmate's biological sex to initially determine where that person 
will be housed and which bathroom that person will use.'')
    \22\Press Release, Sen. Chuck Grassley (R-IA) & Sen. Richard Durbin 
(D-IL) Sentencing Reform Necessary for Senate Consideration of Criminal 
Justice Reform, (accessed May 19, 2018), available at https://
www.judiciary.senate.gov/press/rep/releases/grassley-durbin-sentencing-
reform-necessary-for-senate-consideration-of-criminal-justice-reform.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    We have long believed that Congress should enact 
comprehensive criminal justice reform, with a primary focus on 
changing our unjust sentencing laws. Unfortunately, H.R. 5682 
not only fails to address the threshold issue of sentencing 
reform, it could exacerbate the disparities in the treatment of 
offenders that begins at the investigation and sentencing 
phases of the process. Although we must oppose this 
legislation, we remain fully committed to achieving balanced 
reform as part of an effort to make our criminal justice system 
more just and our constituents more safe.
    For the foregoing reasons, we respectfully dissent.

                                           Mr. Nadler.
                                           Ms. Jackson Lee.
                                           Ms. Jayapal.
                                           Mr. Raskin.

                                  [all]
```