In the Senate of the United States, 

December 18, 2018. 

Resolved, That the Senate agree to the amendment of 

the House of Representatives to the bill (S. 756) entitled ‘‘An 

Act to reauthorize and amend the Marine Debris Act to promote international action to reduce marine debris, and for 

other purposes.’’, with the following 

SENATE AMENDMENT TO HOUSE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

House amendment to the text of the bill, insert the following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘First Step Act of 2018’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 
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Sec. 105. Rule of construction. 

Sec. 106. Faith-based considerations. 

Sec. 107. Independent Review Committee. 

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—SENTENCING REFORM 

Sec. 401. Reduce and restrict enhanced sentencing for prior drug felonies. 

Sec. 402. Broadening of existing safety valve. 

Sec. 403. Clarification of section 924(c) of title 18, United States Code. 

Sec. 404. Application of Fair Sentencing Act. 

TITLE V—SECOND CHANCE ACT OF 2007 REAUTHORIZATION 

Sec. 501. Short title. 

Sec. 502. Improvements to existing programs. 

Sec. 503. Audit and accountability of grantees. 

Sec. 504. Federal reentry improvements. 

Sec. 505. Federal interagency reentry coordination. 

Sec. 506. Conference expenditures. 

Sec. 507. Evaluation of the Second Chance Act program. 

Sec. 508. GAO review. 

TITLE VI—MISCELLANEOUS CRIMINAL JUSTICE 

Sec. 601. Placement of prisoners close to families. 

Sec. 602. Home confinement for low-risk prisoners. 

Sec. 603. Federal prisoner reentry initiative reauthorization; modification of imposed term of imprisonment. 

Sec. 604. Identification for returning citizens. 

Sec. 605. Expanding inmate employment through Federal Prison Industries. 

Sec. 606. De-escalation training. 

Sec. 607. Evidence-Based treatment for opioid and heroin abuse. 

Sec. 608. Pilot programs. 

Sec. 609. Ensuring supervision of released sexually dangerous persons. 

Sec. 610. Data collection. 

Sec. 611. Healthcare products. 

Sec. 612. Adult and juvenile collaboration programs. 

Sec. 613. Juvenile solitary confinement. 
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1 TITLE I—RECIDIVISM 

2 REDUCTION 

3 SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM. 

4 (a) IN GENERAL.—Chapter 229 of title 18, United 

5 States Code, is amended by inserting after subchapter C 

6 the following: 

7 ‘‘SUBCHAPTER D—RISK AND NEEDS 

8 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. 

9 ‘‘§ 3631. Duties of the Attorney General 

10 ‘‘(a) IN GENERAL.—The Attorney General shall carry 

11 out this subchapter in consultation with— 

12 ‘‘(1) the Director of the Bureau of Prisons; 

13 ‘‘(2) the Director of the Administrative Office of 

14 the United States Courts; 

15 ‘‘(3) the Director of the Office of Probation and 

16 Pretrial Services; 

17 ‘‘(4) the Director of the National Institute of 

18 Justice; 

19 ‘‘(5) the Director of the National Institute of 

20 Corrections; and 

21 ‘‘(6) the Independent Review Committee author22 ized by the First Step Act of 2018 
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1 ‘‘(b) DUTIES.—The Attorney General shall— 

2 ‘‘(1) conduct a review of the existing prisoner 

3 risk and needs assessment systems in operation on the 

4 date of enactment of this subchapter; 

5 ‘‘(2) develop recommendations regarding evi6 dence-based recidivism reduction programs and pro7 ductive activities in accordance with section 3633; 

8 ‘‘(3) conduct ongoing research and data analysis 

9 on— 

10 ‘‘(A) evidence-based recidivism reduction 

11 programs relating to the use of prisoner risk and 

12 needs assessment tools; 

13 ‘‘(B) the most effective and efficient uses of 

14 such programs; 

15 ‘‘(C) which evidence-based recidivism reduc16 tion programs are the most effective at reducing 

17 recidivism, and the type, amount, and intensity 

18 of programming that most effectively reduces the 

19 risk of recidivism; and 

20 ‘‘(D) products purchased by Federal agen21 cies that are manufactured overseas and could be 

22 manufactured by prisoners participating in a 

23 prison work program without reducing job op24 portunities for other workers in the United 

25 States; 
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1 ‘‘(4) on an annual basis, review, validate, and 

2 release publicly on the Department of Justice website 

3 the risk and needs assessment system, which review 

4 shall include— 

5 ‘‘(A) any subsequent changes to the risk and 

6 needs assessment system made after the date of 

7 enactment of this subchapter; 

8 ‘‘(B) the recommendations developed under 

9 paragraph (2), using the research conducted 

10 under paragraph (3); 

11 ‘‘(C) an evaluation to ensure that the risk 

12 and needs assessment system bases the assessment 

13 of each prisoner’s risk of recidivism on indica14 tors of progress and of regression that are dy15 namic and that can reasonably be expected to 

16 change while in prison; 

17 ‘‘(D) statistical validation of any tools that 

18 the risk and needs assessment system uses; and 

19 ‘‘(E) an evaluation of the rates of recidi20 vism among similarly classified prisoners to 

21 identify any unwarranted disparities, including 

22 disparities among similarly classified prisoners 

23 of different demographic groups, in such rates; 

24 ‘‘(5) make any revisions or updates to the risk 

25 and needs assessment system that the Attorney Gen-
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1 eral determines appropriate pursuant to the review 

2 under paragraph (4), including updates to ensure 

3 that any disparities identified in paragraph (4)(E) 

4 are reduced to the greatest extent possible; and 

5 ‘‘(6) report to Congress in accordance with sec6 tion 3634. 

7 ‘‘§ 3632. Development of risk and needs assessment 

8 system 

9 ‘‘(a) IN GENERAL.—Not later than 210 days after the 

10 date of enactment of this subchapter, the Attorney General, 

11 in consultation with the Independent Review Committee 

12 authorized by the First Step Act of 2018, shall develop and 

13 release publicly on the Department of Justice website a risk 

14 and needs assessment system (referred to in this subchapter 

15 as the ‘System’), which shall be used to— 

16 ‘‘(1) determine the recidivism risk of each pris17 oner as part of the intake process, and classify each 

18 prisoner as having minimum, low, medium, or high 

19 risk for recidivism; 

20 ‘‘(2) assess and determine, to the extent prac21 ticable, the risk of violent or serious misconduct of 

22 each prisoner; 

23 ‘‘(3) determine the type and amount of evidence24 based recidivism reduction programming that is ap25 propriate for each prisoner and assign each prisoner 
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1 to such programming accordingly, and based on the 

2 prisoner’s specific criminogenic needs, and in accord3 ance with subsection (b); 

4 ‘‘(4) reassess the recidivism risk of each prisoner 

5 periodically, based on factors including indicators of 

6 progress, and of regression, that are dynamic and 

7 that can reasonably be expected to change while in 

8 prison; 

9 ‘‘(5) reassign the prisoner to appropriate evi10 dence-based recidivism reduction programs or produc11 tive activities based on the revised determination to 

12 ensure that— 

13 ‘‘(A) all prisoners at each risk level have a 

14 meaningful opportunity to reduce their classi15 fication during the period of incarceration; 

16 ‘‘(B) to address the specific criminogenic 

17 needs of the prisoner; and 

18 ‘‘(C) all prisoners are able to successfully 

19 participate in such programs; 

20 ‘‘(6) determine when to provide incentives and 

21 rewards for successful participation in evidence-based 

22 recidivism reduction programs or productive activi23 ties in accordance with subsection (e); 
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1 ‘‘(7) determine when a prisoner is ready to 

2 transfer into prerelease custody or supervised release 

3 in accordance with section 3624; and 

4 ‘‘(8) determine the appropriate use of audio tech5 nology for program course materials with an under6 standing of dyslexia. 

7 In carrying out this subsection, the Attorney General may 

8 use existing risk and needs assessment tools, as appropriate. 

9 ‘‘(b) ASSIGNMENT OF EVIDENCE-BASED RECIDIVISM

10 REDUCTION PROGRAMS.—The System shall provide guid11 ance on the type, amount, and intensity of evidence-based 

12 recidivism reduction programming and productive activi13 ties that shall be assigned for each prisoner, including— 

14 ‘‘(1) programs in which the Bureau of Prisons 

15 shall assign the prisoner to participate, according to 

16 the prisoner’s specific criminogenic needs; and 

17 ‘‘(2) information on the best ways that the Bu18 reau of Prisons can tailor the programs to the specific 

19 criminogenic needs of each prisoner so as to most ef20 fectively lower each prisoner’s risk of recidivism. 

21 ‘‘(c) HOUSING AND ASSIGNMENT DECISIONS.—The 

22 System shall provide guidance on program grouping and 

23 housing assignment determinations and, after accounting 

24 for the safety of each prisoner and other individuals at the 

25 prison, provide that prisoners with a similar risk level be 
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1 grouped together in housing and assignment decisions to the 

2 extent practicable. 

3 ‘‘(d) EVIDENCE-BASED RECIDIVISM REDUCTION PRO4 GRAM INCENTIVES AND PRODUCTIVE ACTIVITIES RE5 WARDS.—The System shall provide incentives and rewards 

6 for prisoners to participate in and complete evidence-based 

7 recidivism reduction programs as follows: 

8 ‘‘(1) PHONE AND VISITATION PRIVILEGES.—A 

9 prisoner who is successfully participating in an evi10 dence-based recidivism reduction program shall re11 ceive— 

12 ‘‘(A) phone privileges, or, if available, video 

13 conferencing privileges, for up to 30 minutes per 

14 day, and up to 510 minutes per month; and 

15 ‘‘(B) additional time for visitation at the 

16 prison, as determined by the warden of the pris17 on. 

18 ‘‘(2) TRANSFER TO INSTITUTION CLOSER TO RE19 LEASE RESIDENCE.—A prisoner who is successfully 

20 participating in an evidence-based recidivism reduc21 tion program shall be considered by the Bureau of 

22 Prisons for placement in a facility closer to the pris23 oner’s release residence upon request from the prisoner 

24 and subject to— 
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1 ‘‘(A) bed availability at the transfer facil2 ity; 

3 ‘‘(B) the prisoner’s security designation; 

4 and 

5 ‘‘(C) the recommendation from the warden 

6 of the prison at which the prisoner is incarcer7 ated at the time of making the request. 

8 ‘‘(3) ADDITIONAL POLICIES.—The Director of the 

9 Bureau of Prisons shall develop additional policies to 

10 provide appropriate incentives for successful partici11 pation and completion of evidence-based recidivism 

12 reduction programming. The incentives shall include 

13 not less than 2 of the following: 

14 ‘‘(A) Increased commissary spending limits 

15 and product offerings. 

16 ‘‘(B) Extended opportunities to access the 

17 email system. 

18 ‘‘(C) Consideration of transfer to preferred 

19 housing units (including transfer to different 

20 prison facilities). 

21 ‘‘(D) Other incentives solicited from pris22 oners and determined appropriate by the Direc23 tor. 

24 ‘‘(4) TIME CREDITS.— 
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1 ‘‘(A) IN GENERAL.—A prisoner, except for 

2 an ineligible prisoner under subparagraph (D), 

3 who successfully completes evidence-based recidi4 vism reduction programming or productive ac5 tivities, shall earn time credits as follows: 

6 ‘‘(i) A prisoner shall earn 10 days of 

7 time credits for every 30 days of successful 

8 participation in evidence-based recidivism 

9 reduction programming or productive ac10 tivities. 

11 ‘‘(ii) A prisoner determined by the Bu12 reau of Prisons to be at a minimum or low 

13 risk for recidivating, who, over 2 consecu14 tive assessments, has not increased their 

15 risk of recidivism, shall earn an additional 

16 5 days of time credits for every 30 days of 

17 successful participation in evidence-based 

18 recidivism reduction programming or pro19 ductive activities. 

20 ‘‘(B) AVAILABILITY.—A prisoner may not 

21 earn time credits under this paragraph for an 

22 evidence-based recidivism reduction program 

23 that the prisoner successfully completed— 

24 ‘‘(i) prior to the date of enactment of 

25 this subchapter; or 
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1 ‘‘(ii) during official detention prior to 

2 the date that the prisoner’s sentence com3 mences under section 3585(a). 

4 ‘‘(C) APPLICATION OF TIME CREDITS TO5 WARD PRERELEASE CUSTODY OR SUPERVISED

6 RELEASE.—Time credits earned under this para7 graph by prisoners who successfully participate 

8 in recidivism reduction programs or productive 

9 activities shall be applied toward time in 

10 prerelease custody or supervised release. The Di11 rector of the Bureau of Prisons shall transfer eli12 gible prisoners, as determined under section 

13 3624(g), into prerelease custody or supervised re14 lease. 

15 ‘‘(D) INELIGIBLE PRISONERS.—A prisoner 

16 is ineligible to receive time credits under this 

17 paragraph if the prisoner is serving a sentence 

18 for a conviction under any of the following pro19 visions of law: 

20 ‘‘(i) Section 32, relating to destruction 

21 of aircraft or aircraft facilities. 

22 ‘‘(ii) Section 33, relating to destruction 

23 of motor vehicles or motor vehicle facilities. 

24 ‘‘(iii) Section 36, relating to drive-by 

25 shootings. 
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1 ‘‘(iv) Section 81, relating to arson 

2 within special maritime and territorial ju3 risdiction. 

4 ‘‘(v) Section 111(b), relating to as5 saulting, resisting, or impeding certain offi6 cers or employees using a deadly or dan7 gerous weapon or inflicting bodily injury. 

8 ‘‘(vi) Paragraph (1), (7), or (8) of sec9 tion 113(a), relating to assault with intent 

10 to commit murder, assault resulting in sub11 stantial bodily injury to a spouse or inti12 mate partner, a dating partner, or an indi13 vidual who has not attained the age of 16 

14 years, or assault of a spouse, intimate part15 ner, or dating partner by strangling, suffo16 cating, or attempting to strangle or suf17 focate. 

18 ‘‘(vii) Section 115, relating to influ19 encing, impeding, or retaliating against a 

20 Federal official by injuring a family mem21 ber, except for a threat made in violation of 

22 that section. 

23 ‘‘(viii) Section 116, relating to female 

24 genital mutilation. 
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1 ‘‘(ix) Section 117, relating to domestic 

2 assault by a habitual offender. 

3 ‘‘(x) Any section of chapter 10, relating 

4 to biological weapons. 

5 ‘‘(xi) Any section of chapter 11B, relat6 ing to chemical weapons. 

7 ‘‘(xii) Section 351, relating to Congres8 sional, Cabinet, and Supreme Court assas9 sination, kidnapping, and assault. 

10 ‘‘(xiii) Section 521, relating to crimi11 nal street gangs. 

12 ‘‘(xiv) Section 751, relating to pris13 oners in custody of an institution or officer. 

14 ‘‘(xv) Section 793, relating to gath15 ering, transmitting, or losing defense infor16 mation. 

17 ‘‘(xvi) Section 794, relating to gath18 ering or delivering defense information to 

19 aid a foreign government. 

20 ‘‘(xvii) Any section of chapter 39, re21 lating to explosives and other dangerous ar22 ticles, except for section 836 (relating to the 

23 transportation of fireworks into a State 

24 prohibiting sale or use). 
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1 ‘‘(xviii) Section 842(p), relating to dis2 tribution of information relating to explo3 sives, destructive devices, and weapons of 

4 mass destruction, but only if the conviction 

5 involved a weapon of mass destruction (as 

6 defined in section 2332a(c)). 

7 ‘‘(xix) Subsection (f)(3), (h), or (i) of 

8 section 844, relating to the use of fire or an 

9 explosive. 

10 ‘‘(xx) Section 871, relating to threats 

11 against the President and successors to the 

12 Presidency. 

13 ‘‘(xxi) Section 879, relating to threats 

14 against former Presidents and certain other 

15 persons. 

16 ‘‘(xxii) Section 924(c), relating to un17 lawful possession or use of a firearm during 

18 and in relation to any crime of violence or 

19 drug trafficking crime. 

20 ‘‘(xxiii) Section 1030(a)(1), relating to 

21 fraud and related activity in connection 

22 with computers. 

23 ‘‘(xxiv) Section 1091, relating to geno24 cide. 
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1 ‘‘(xxv) Any section of chapter 51, relat2 ing to homicide, except for section 1112 (re3 lating to manslaughter), 1113 (relating to 

4 attempt to commit murder or manslaughter, 

5 but only if the conviction was for an at6 tempt to commit manslaughter), 1115 (re7 lating to misconduct or neglect of ship offi8 cers), or 1122 (relating to protection 

9 against the human immunodeficiency 

10 virus). 

11 ‘‘(xxvi) Any section of chapter 55, re12 lating to kidnapping. 

13 ‘‘(xxvii) Any offense under chapter 77, 

14 relating to peonage, slavery, and trafficking 

15 in persons, except for sections 1593 through 

16 1596. 

17 ‘‘(xxviii) Section 1751, relating to 

18 Presidential and Presidential staff assas19 sination, kidnapping, and assault. 

20 ‘‘(xxix) Section 1791, relating to pro21 viding or possessing contraband in prison. 

22 ‘‘(xxx) Section 1792, relating to mu23 tiny and riots. 
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1 ‘‘(xxxi) Section 1841(a)(2)(C), relating 

2 to intentionally killing or attempting to kill 

3 an unborn child. 

4 ‘‘(xxxii) Section 1992, relating to ter5 rorist attacks and other violence against 

6 railroad carriers and against mass trans7 portation systems on land, on water, or 

8 through the air. 

9 ‘‘(xxxiii) Section 2113(e), relating to 

10 bank robbery resulting in death. 

11 ‘‘(xxxiv) Section 2118(c), relating to 

12 robberies and burglaries involving controlled 

13 substances resulting in assault, putting in 

14 jeopardy the life of any person by the use 

15 of a dangerous weapon or device, or death. 

16 ‘‘(xxxv) Section 2119, relating to tak17 ing a motor vehicle (commonly referred to 

18 as ‘carjacking’). 

19 ‘‘(xxxvi) Any section of chapter 105, 

20 relating to sabotage, except for section 2152. 

21 ‘‘(xxxvii) Any section of chapter 109A, 

22 relating to sexual abuse. 

23 ‘‘(xxxviii) Section 2250, relating to 

24 failure to register as a sex offender. 
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1 ‘‘(xxxix) Section 2251, relating to the 

2 sexual exploitation of children. 

3 ‘‘(xl) Section 2251A, relating to the 

4 selling or buying of children. 

5 ‘‘(xli) Section 2252, relating to certain 

6 activities relating to material involving the 

7 sexual exploitation of minors. 

8 ‘‘(xlii) Section 2252A, relating to cer9 tain activities involving material consti10 tuting or containing child pornography. 

11 ‘‘(xliii) Section 2260, relating to the 

12 production of sexually explicit depictions of 

13 a minor for importation into the United 

14 States. 

15 ‘‘(xliv) Section 2283, relating to the 

16 transportation of explosive, biological, chem17 ical, or radioactive or nuclear materials. 

18 ‘‘(xlv) Section 2284, relating to the 

19 transportation of terrorists. 

20 ‘‘(xlvi) Section 2291, relating to the de21 struction of a vessel or maritime facility, 

22 but only if the conduct that led to the con23 viction involved a substantial risk of death 

24 or serious bodily injury. 
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1 ‘‘(xlvii) Any section of chapter 113B, 

2 relating to terrorism. 

3 ‘‘(xlviii) Section 2340A, relating to 

4 torture. 

5 ‘‘(xlix) Section 2381, relating to trea6 son. 

7 ‘‘(l) Section 2442, relating to the re8 cruitment or use of child soldiers. 

9 ‘‘(li) An offense described in section 

10 3559(c)(2)(F), for which the offender was 

11 sentenced to a term of imprisonment of 

12 more than 1 year, if the offender has a pre13 vious conviction, for which the offender 

14 served a term of imprisonment of more than 

15 1 year, for a Federal or State offense, by 

16 whatever designation and wherever com17 mitted, consisting of murder (as described 

18 in section 1111), voluntary manslaughter 

19 (as described in section 1112), assault with 

20 intent to commit murder (as described in 

21 section 113(a)), aggravated sexual abuse 

22 and sexual abuse (as described in sections 

23 2241 and 2242), abusive sexual contact (as 

24 described in sections 2244(a)(1) and (a)(2)), 

25 kidnapping (as described in chapter 55), 
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1 carjacking (as described in section 2119), 

2 arson (as described in section 844(f)(3), (h), 

3 or (i)), or terrorism (as described in chapter 

4 113B). 

5 ‘‘(lii) Section 57(b) of the Atomic En6 ergy Act of 1954 (42 U.S.C. 2077(b)), relat7 ing to the engagement or participation in 

8 the development or production of special nu9 clear material. 

10 ‘‘(liii) Section 92 of the Atomic Energy 

11 Act of 1954 (42 U.S.C. 2122), relating to 

12 prohibitions governing atomic weapons. 

13 ‘‘(liv) Section 101 of the Atomic En14 ergy Act of 1954 (42 U.S.C. 2131), relating 

15 to the atomic energy license requirement. 

16 ‘‘(lv) Section 224 or 225 of the Atomic 

17 Energy Act of 1954 (42 U.S.C. 2274, 2275), 

18 relating to the communication or receipt of 

19 restricted data. 

20 ‘‘(lvi) Section 236 of the Atomic En21 ergy Act of 1954 (42 U.S.C. 2284), relating 

22 to the sabotage of nuclear facilities or fuel. 

23 ‘‘(lvii) Section 60123(b) of title 49, re24 lating to damaging or destroying a pipeline 

25 facility, but only if the conduct which led to 
21 

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1 the conviction involved a substantial risk of 

2 death or serious bodily injury. 

3 ‘‘(lviii) Section 401(a) of the Con4 trolled Substances Act (21 U.S.C. 841), re5 lating to manufacturing or distributing a 

6 controlled substance in the case of a convic7 tion for an offense described in subpara8 graph (A), (B), or (C) of subsection (b)(1) 

9 of that section for which death or serious 

10 bodily injury resulted from the use of such 

11 substance. 

12 ‘‘(lix) Section 276(a) of the Immigra13 tion and Nationality Act (8 U.S.C. 1326), 

14 relating to the reentry of a removed alien, 

15 but only if the alien is described in para16 graph (1) or (2) of subsection (b) of that 

17 section. 

18 ‘‘(lx) Section 277 of the Immigration 

19 and Nationality Act (8 U.S.C. 1327), relat20 ing to aiding or assisting certain aliens to 

21 enter the United States. 

22 ‘‘(lxi) Section 278 of the Immigration 

23 and Nationality Act (8 U.S.C. 1328), relat24 ing to the importation of an alien into the 

25 United States for an immoral purpose. 
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1 ‘‘(lxii) Any section of the Export Ad2 ministration Act of 1979 (50 U.S.C. 4611 et 

3 seq.) 

4 ‘‘(lxiii) Section 206 of the Inter5 national Emergency Economic Powers Act 

6 (50 U.S.C. 1705). 

7 ‘‘(lxiv) Section 601 of the National Se8 curity Act of 1947 (50 U.S.C. 3121), relat9 ing to the protection of identities of certain 

10 United States undercover intelligence offi11 cers, agents, informants, and sources. 

12 ‘‘(lxv) Subparagraph (A)(i) or (B)(i) 

13 of section 401(b)(1) of the Controlled Sub14 stances Act (21 U.S.C. 841(b)(1)) or para15 graph (1)(A) or (2)(A) of section 1010(b) of 

16 the Controlled Substances Import and Ex17 port Act (21 U.S.C. 960(b)), relating to 

18 manufacturing, distributing, dispensing, or 

19 possessing with intent to manufacture, dis20 tribute, dispense, or knowingly importing or 

21 exporting, a mixture or substance con22 taining a detectable amount of heroin if the 

23 sentencing court finds that the offender was 

24 an organizer, leader, manager, or supervisor 

25 of others in the offense, as determined under 
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†S 756 EAS 

1 the guidelines promulgated by the United 

2 States Sentencing Commission. 

3 ‘‘(lxvi) Subparagraph (A)(vi) or 

4 (B)(vi) of section 401(b)(1) of the Controlled 

5 Substances Act (21 U.S.C. 841(b)(1)) or 

6 paragraph (1)(F) or (2)(F) of section 

7 1010(b) of the Controlled Substances Import 

8 and Export Act (21 U.S.C. 960(b)), relating 

9 to manufacturing, distributing, dispensing, 

10 or possessing with intent to manufacture, 

11 distribute, or dispense, a mixture or sub12 stance containing a detectable amount of N13 phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 

14 propanamide, or any analogue thereof. 

15 ‘‘(lxvii) Subparagraph (A)(viii) or 

16 (B)(viii) of section 401(b)(1) of the Con17 trolled Substances Act (21 U.S.C. 841(b)(1)) 

18 or paragraph (1)(H) or (2)(H) of section 

19 1010(b) the Controlled Substances Import 

20 and Export Act (21 U.S.C. 960(b)), relating 

21 to manufacturing, distributing, dispensing, 

22 or possessing with intent to manufacture, 

23 distribute, or dispense, or knowingly im24 porting or exporting, a mixture of substance 

25 containing a detectable amount of meth-
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†S 756 EAS 

1 amphetamine, its salts, isomers, or salts of 

2 its isomers, if the sentencing court finds 

3 that the offender was an organizer, leader, 

4 manager, or supervisor of others in the of5 fense, as determined under the guidelines 

6 promulgated by the United States Sen7 tencing Commission. 

8 ‘‘(lxviii) Subparagraph (A) or (B) of 

9 section 401(b)(1) of the Controlled Sub10 stances Act (21 U.S.C. 841(b)(1)) or para11 graph (1) or (2) of section 1010(b) of the 

12 Controlled Substances Import and Export 

13 Act (21 U.S.C. 960(b)), relating to manu14 facturing, distributing, dispensing, or pos15 sessing with intent to manufacture, dis16 tribute, or dispense, a controlled substance, 

17 or knowingly importing or exporting a con18 trolled substance, if the sentencing court 

19 finds that— 

20 ‘‘(I) the offense involved a mixture 

21 or substance containing a detectable 

22 amount of N-phenyl-N-[1-(2- 

23 phenylethyl)-4-piperidinyl] 

24 propanamide, or any analogue thereof; 

25 and 
25 

†S 756 EAS 

1 ‘‘(II) the offender was an orga2 nizer, leader, manager, or supervisor of 

3 others in the offense, as determined 

4 under the guidelines promulgated by 

5 the United States Sentencing Commis6 sion. 

7 ‘‘(E) DEPORTABLE PRISONERS INELIGIBLE

8 TO APPLY TIME CREDITS.— 

9 ‘‘(i) IN GENERAL.—A prisoner is ineli10 gible to apply time credits under subpara11 graph (C) if the prisoner is the subject of a 

12 final order of removal under any provision 

13 of the immigration laws (as such term is 

14 defined in section 101(a)(17) of the Immi15 gration and Nationality Act (8 U.S.C. 

16 1101(a)(17))). 

17 ‘‘(ii) PROCEEDINGS.—The Attorney 

18 General, in consultation with the Secretary 

19 of Homeland Security, shall ensure that 

20 any alien described in section 212 or 237 of 

21 the Immigration and Nationality Act (8 

22 U.S.C. 1182, 1227) who seeks to earn time 

23 credits are subject to proceedings described 

24 in section 238(a) of that Act (8 U.S.C. 
26 

†S 756 EAS 

1 1228(a)) at a date as early as practicable 

2 during the prisoner’s incarceration. 

3 ‘‘(5) RISK REASSESSMENTS AND LEVEL ADJUST4 MENT.—A prisoner who successfully participates in 

5 evidence-based recidivism reduction programming or 

6 productive activities shall receive periodic risk reas7 sessments not less often than annually, and a prisoner 

8 determined to be at a medium or high risk of 

9 recidivating and who has less than 5 years until his 

10 or her projected release date shall receive more fre11 quent risk reassessments. If the reassessment shows 

12 that the prisoner’s risk of recidivating or specific 

13 needs have changed, the Bureau of Prisons shall up14 date the determination of the prisoner’s risk of 

15 recidivating or information regarding the prisoner’s 

16 specific needs and reassign the prisoner to appro17 priate evidence-based recidivism reduction program18 ming or productive activities based on such changes. 

19 ‘‘(6) RELATION TO OTHER INCENTIVE PRO20 GRAMS.—The incentives described in this subsection 

21 shall be in addition to any other rewards or incen22 tives for which a prisoner may be eligible. 

23 ‘‘(e) PENALTIES.—The Director of the Bureau of Pris24 ons shall develop guidelines for the reduction of rewards and 

25 incentives earned under subsection (d) for prisoners who 
27 

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1 violate prison rules or evidence-based recidivism reduction 

2 program or productive activity rules, which shall provide— 

3 ‘‘(1) general levels of violations and resulting re4 ductions; 

5 ‘‘(2) that any reduction that includes the loss of 

6 time credits shall require written notice to the pris7 oner, shall be limited to time credits that a prisoner 

8 earned as of the date of the prisoner’s rule violation, 

9 and shall not include any future time credits that the 

10 prisoner may earn; and 

11 ‘‘(3) for a procedure to restore time credits that 

12 a prisoner lost as a result of a rule violation, based 

13 on the prisoner’s individual progress after the date of 

14 the rule violation. 

15 ‘‘(f) BUREAU OF PRISONS TRAINING.—The Attorney 

16 General shall develop and implement training programs for 

17 Bureau of Prisons officers and employees responsible for ad18 ministering the System, which shall include— 

19 ‘‘(1) initial training to educate officers and em20 ployees on how to use the System in an appropriate 

21 and consistent manner, as well as the reasons for 

22 using the System; 

23 ‘‘(2) continuing education; 

24 ‘‘(3) periodic training updates; and 
28 

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1 ‘‘(4) a requirement that such officers and em2 ployees demonstrate competence in administering the 

3 System, including interrater reliability, on a bian4 nual basis. 

5 ‘‘(g) QUALITY ASSURANCE.—In order to ensure that 

6 the Bureau of Prisons is using the System in an appro7 priate and consistent manner, the Attorney General shall 

8 monitor and assess the use of the System, which shall in9 clude conducting annual audits of the Bureau of Prisons 

10 regarding the use of the System. 

11 ‘‘(h) DYSLEXIA SCREENING.— 

12 ‘‘(1) SCREENING.—The Attorney General shall 

13 incorporate a dyslexia screening program into the 

14 System, including by screening for dyslexia during— 

15 ‘‘(A) the intake process; and 

16 ‘‘(B) each periodic risk reassessment of a 

17 prisoner. 

18 ‘‘(2) TREATMENT.—The Attorney General shall 

19 incorporate programs designed to treat dyslexia into 

20 the evidence-based recidivism reduction programs or 

21 productive activities required to be implemented 

22 under this section. The Attorney General may also in23 corporate programs designed to treat other learning 

24 disabilities. 
29 

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1 ‘‘§ 3633. Evidence-based recidivism reduction program 

2 and recommendations 

3 ‘‘(a) IN GENERAL.—Prior to releasing the System, in 

4 consultation with the Independent Review Committee au5 thorized by the First Step Act of 2018, the Attorney General 

6 shall— 

7 ‘‘(1) review the effectiveness of evidence-based re8 cidivism reduction programs that exist as of the date 

9 of enactment of this subchapter in prisons operated by 

10 the Bureau of Prisons; 

11 ‘‘(2) review available information regarding the 

12 effectiveness of evidence-based recidivism reduction 

13 programs and productive activities that exist in 

14 State-operated prisons throughout the United States; 

15 ‘‘(3) identify the most effective evidence-based re16 cidivism reduction programs; 

17 ‘‘(4) review the policies for entering into evi18 dence-based recidivism reduction partnerships de19 scribed in section 3621(h)(5); and 

20 ‘‘(5) direct the Bureau of Prisons regarding— 

21 ‘‘(A) evidence-based recidivism reduction 

22 programs; 

23 ‘‘(B) the ability for faith-based organiza24 tions to function as a provider of educational 

25 evidence-based programs outside of the religious 
30 

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1 classes and services provided through the Chap2 laincy; and 

3 ‘‘(C) the addition of any new effective evi4 dence-based recidivism reduction programs that 

5 the Attorney General finds. 

6 ‘‘(b) REVIEW AND RECOMMENDATIONS REGARDING

7 DYSLEXIA MITIGATION.—In carrying out subsection (a), 

8 the Attorney General shall consider the prevalence and 

9 mitigation of dyslexia in prisons, including by— 

10 ‘‘(1) reviewing statistics on the prevalence of 

11 dyslexia, and the effectiveness of any programs imple12 mented to mitigate the effects of dyslexia, in prisons 

13 operated by the Bureau of Prisons and State-operated 

14 prisons throughout the United States; and 

15 ‘‘(2) incorporating the findings of the Attorney 

16 General under paragraph (1) of this subsection into 

17 any directives given to the Bureau of Prisons under 

18 paragraph (5) of subsection (a). 

19 ‘‘§ 3634. Report 

20 ‘‘Beginning on the date that is 2 years after the date 

21 of enactment of this subchapter, and annually thereafter for 

22 a period of 5 years, the Attorney General shall submit a 

23 report to the Committees on the Judiciary of the Senate 

24 and the House of Representatives and the Subcommittees 

25 on Commerce, Justice, Science, and Related Agencies of the 
31 

†S 756 EAS 

1 Committees on Appropriations of the Senate and the House 

2 of Representatives that contains the following: 

3 ‘‘(1) A summary of the activities and accom4 plishments of the Attorney General in carrying out 

5 this Act. 

6 ‘‘(2) A summary and assessment of the types and 

7 effectiveness of the evidence-based recidivism reduction 

8 programs and productive activities in prisons oper9 ated by the Bureau of Prisons, including— 

10 ‘‘(A) evidence about which programs have 

11 been shown to reduce recidivism; 

12 ‘‘(B) the capacity of each program and ac13 tivity at each prison, including the number of 

14 prisoners along with the recidivism risk of each 

15 prisoner enrolled in each program; and 

16 ‘‘(C) identification of any gaps or shortages 

17 in capacity of such programs and activities. 

18 ‘‘(3) Rates of recidivism among individuals who 

19 have been released from Federal prison, based on the 

20 following criteria: 

21 ‘‘(A) The primary offense of conviction. 

22 ‘‘(B) The length of the sentence imposed and 

23 served. 
32 

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1 ‘‘(C) The Bureau of Prisons facility or fa2 cilities in which the prisoner’s sentence was 

3 served. 

4 ‘‘(D) The evidence-based recidivism reduc5 tion programming that the prisoner successfully 

6 completed, if any. 

7 ‘‘(E) The prisoner’s assessed and reassessed 

8 risk of recidivism. 

9 ‘‘(F) The productive activities that the pris10 oner successfully completed, if any. 

11 ‘‘(4) The status of prison work programs at fa12 cilities operated by the Bureau of Prisons, includ13 ing— 

14 ‘‘(A) a strategy to expand the availability of 

15 such programs without reducing job opportuni16 ties for workers in the United States who are not 

17 in the custody of the Bureau of Prisons, includ18 ing the feasibility of prisoners manufacturing 

19 products purchased by Federal agencies that are 

20 manufactured overseas; 

21 ‘‘(B) an assessment of the feasibility of ex22 panding such programs, consistent with the 

23 strategy required under subparagraph (A), with 

24 the goal that 5 years after the date of enactment 

25 of this subchapter, not less than 75 percent of eli-
33 

†S 756 EAS 

1 gible minimum- and low-risk offenders have the 

2 opportunity to participate in a prison work pro3 gram for not less than 20 hours per week; and 

4 ‘‘(C) a detailed discussion of legal authori5 ties that would be useful or necessary to achieve 

6 the goals described in subparagraphs (A) and 

7 (B). 

8 ‘‘(5) An assessment of the Bureau of Prisons’ 

9 compliance with section 3621(h). 

10 ‘‘(6) An assessment of progress made toward car11 rying out the purposes of this subchapter, including 

12 any savings associated with— 

13 ‘‘(A) the transfer of prisoners into prerelease 

14 custody or supervised release under section 

15 3624(g), including savings resulting from the 

16 avoidance or deferral of future construction, ac17 quisition, and operations costs; and 

18 ‘‘(B) any decrease in recidivism that may 

19 be attributed to the System or the increase in 

20 evidence-based recidivism reduction programs re21 quired under this subchapter. 

22 ‘‘(7) An assessment of budgetary savings result23 ing from this subchapter, including— 

24 ‘‘(A) a summary of the amount of savings 

25 resulting from the transfer of prisoners into 
34 

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1 prerelease custody under this chapter, including 

2 savings resulting from the avoidance or deferral 

3 of future construction, acquisition, or operations 

4 costs; 

5 ‘‘(B) a summary of the amount of savings 

6 resulting from any decrease in recidivism that 

7 may be attributed to the implementation of the 

8 risk and needs assessment system or the increase 

9 in recidivism reduction programs and productive 

10 activities required by this subchapter; 

11 ‘‘(C) a strategy to reinvest the savings de12 scribed in subparagraphs (A) and (B) in other— 

13 ‘‘(i) Federal, State, and local law en14 forcement activities; and 

15 ‘‘(ii) expansions of recidivism reduc16 tion programs and productive activities in 

17 the Bureau of Prisons; and 

18 ‘‘(D) a description of how the reduced ex19 penditures on Federal corrections and the budg20 etary savings resulting from this subchapter are 

21 currently being used and will be used to— 

22 ‘‘(i) increase investment in law en23 forcement and crime prevention to combat 

24 gangs of national significance and high25 level drug traffickers through the High In-
35 

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1 tensity Drug Trafficking Areas Program 

2 and other task forces; 

3 ‘‘(ii) hire, train, and equip law en4 forcement officers and prosecutors; and 

5 ‘‘(iii) promote crime reduction pro6 grams using evidence-based practices and 

7 strategic planning to help reduce crime and 

8 criminal recidivism. 

9 ‘‘(8) Statistics on— 

10 ‘‘(A) the prevalence of dyslexia among pris11 oners in prisons operated by the Bureau of Pris12 ons; and 

13 ‘‘(B) any change in the effectiveness of dys14 lexia mitigation programs among such prisoners 

15 that may be attributed to the incorporation of 

16 dyslexia screening into the System and of dys17 lexia treatment into the evidence-based recidi18 vism reduction programs, as required under this 

19 chapter. 

20 ‘‘§ 3635. Definitions 

21 ‘‘In this subchapter the following definitions apply: 

22 ‘‘(1) DYSLEXIA.—The term ‘dyslexia’ means an 

23 unexpected difficulty in reading for an individual 

24 who has the intelligence to be a much better reader, 

25 most commonly caused by a difficulty in the phono-
36 

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1 logical processing (the appreciation of the individual 

2 sounds of spoken language), which affects the ability 

3 of an individual to speak, read, and spell. 

4 ‘‘(2) DYSLEXIA SCREENING PROGRAM.—The term 

5 ‘dyslexia screening program’ means a screening pro6 gram for dyslexia that is— 

7 ‘‘(A) evidence-based (as defined in section 

8 8101(21) of the Elementary and Secondary Edu9 cation Act of 1965 (20 U.S.C. 7801(21))) with 

10 proven psychometrics for validity; 

11 ‘‘(B) efficient and low-cost; and 

12 ‘‘(C) readily available. 

13 ‘‘(3) EVIDENCE-BASED RECIDIVISM REDUCTION

14 PROGRAM.—The term ‘evidence-based recidivism re15 duction program’ means either a group or individual 

16 activity that— 

17 ‘‘(A) has been shown by empirical evidence 

18 to reduce recidivism or is based on research indi19 cating that it is likely to be effective in reducing 

20 recidivism; 

21 ‘‘(B) is designed to help prisoners succeed in 

22 their communities upon release from prison; and 

23 ‘‘(C) may include— 
37 

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1 ‘‘(i) social learning and communica2 tion, interpersonal, anti-bullying, rejection 

3 response, and other life skills; 

4 ‘‘(ii) family relationship building, 

5 structured parent-child interaction, and 

6 parenting skills; 

7 ‘‘(iii) classes on morals or ethics; 

8 ‘‘(iv) academic classes; 

9 ‘‘(v) cognitive behavioral treatment; 

10 ‘‘(vi) mentoring; 

11 ‘‘(vii) substance abuse treatment; 

12 ‘‘(viii) vocational training; 

13 ‘‘(ix) faith-based classes or services; 

14 ‘‘(x) civic engagement and reintegra15 tive community services; 

16 ‘‘(xi) a prison job, including through a 

17 prison work program; 

18 ‘‘(xii) victim impact classes or other 

19 restorative justice programs; and 

20 ‘‘(xiii) trauma counseling and trauma21 informed support programs. 

22 ‘‘(4) PRISONER.—The term ‘prisoner’ means a 

23 person who has been sentenced to a term of imprison24 ment pursuant to a conviction for a Federal criminal 
38 

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1 offense, or a person in the custody of the Bureau of 

2 Prisons. 

3 ‘‘(5) PRODUCTIVE ACTIVITY.—The term ‘produc4 tive activity’ means either a group or individual ac5 tivity that is designed to allow prisoners determined 

6 as having a minimum or low risk of recidivating to 

7 remain productive and thereby maintain a minimum 

8 or low risk of recidivating, and may include the de9 livery of the programs described in paragraph (1) to 

10 other prisoners. 

11 ‘‘(6) RISK AND NEEDS ASSESSMENT TOOL.—The 

12 term ‘risk and needs assessment tool’ means an objec13 tive and statistically validated method through which 

14 information is collected and evaluated to determine— 

15 ‘‘(A) as part of the intake process, the risk 

16 that a prisoner will recidivate upon release from 

17 prison; 

18 ‘‘(B) the recidivism reduction programs 

19 that will best minimize the risk that the prisoner 

20 will recidivate upon release from prison; and 

21 ‘‘(C) the periodic reassessment of risk that 

22 a prisoner will recidivate upon release from pris23 on, based on factors including indicators of 

24 progress and of regression, that are dynamic and 
39 

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1 that can reasonably be expected to change while 

2 in prison.’’. 

3 (b) CLERICAL AMENDMENT.—The table of subchapters 

4 for chapter 229 of title 18, United States Code, is amended 

5 by adding at the end the following: 

‘‘D. Risk and Needs Assessment ...................................................... 3631’’. 

6 SEC. 102. IMPLEMENTATION OF SYSTEM AND REC7 OMMENDATIONS BY BUREAU OF PRISONS. 

8 (a) IMPLEMENTATION OF SYSTEM GENERALLY.—Sec9 tion 3621 of title 18, United States Code, is amended by 

10 adding at the end the following: 

11 ‘‘(h) IMPLEMENTATION OF RISK AND NEEDS ASSESS12 MENT SYSTEM.— 

13 ‘‘(1) IN GENERAL.—Not later than 180 days 

14 after the Attorney General completes and releases the 

15 risk and needs assessment system (referred to in this 

16 subsection as the ‘System’) developed under sub17 chapter D, the Director of the Bureau of Prisons 

18 shall, in accordance with that subchapter— 

19 ‘‘(A) implement and complete the initial in20 take risk and needs assessment for each prisoner 

21 (including for each prisoner who was a prisoner 

22 prior to the effective date of this subsection), re23 gardless of the prisoner’s length of imposed term 

24 of imprisonment, and begin to assign prisoners 
40 

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1 to appropriate evidence-based recidivism reduc2 tion programs based on that determination; 

3 ‘‘(B) begin to expand the effective evidence4 based recidivism reduction programs and pro5 ductive activities it offers and add any new evi6 dence-based recidivism reduction programs and 

7 productive activities necessary to effectively im8 plement the System; and 

9 ‘‘(C) begin to implement the other risk and 

10 needs assessment tools necessary to effectively im11 plement the System over time, while prisoners 

12 are participating in and completing the effective 

13 evidence-based recidivism reduction programs 

14 and productive activities. 

15 ‘‘(2) PHASE-IN.—In order to carry out para16 graph (1), so that every prisoner has the opportunity 

17 to participate in and complete the type and amount 

18 of evidence-based recidivism reduction programs or 

19 productive activities they need, and be reassessed for 

20 recidivism risk as necessary to effectively implement 

21 the System, the Bureau of Prisons shall— 

22 ‘‘(A) provide such evidence-based recidivism 

23 reduction programs and productive activities for 

24 all prisoners before the date that is 2 years after 

25 the date on which the Bureau of Prisons com-
41 

†S 756 EAS 

1 pletes a risk and needs assessment for each pris2 oner under paragraph (1)(A); and 

3 ‘‘(B) develop and validate the risk and 

4 needs assessment tool to be used in the reassess5 ments of risk of recidivism, while prisoners are 

6 participating in and completing evidence-based 

7 recidivism reduction programs and productive 

8 activities. 

9 ‘‘(3) PRIORITY DURING PHASE-IN.—During the 

10 2-year period described in paragraph (2)(A), the pri11 ority for such programs and activities shall be ac12 corded based on a prisoner’s proximity to release 

13 date. 

14 ‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE15 BASED RECIDIVISM REDUCTION PROGRAMS AND AU16 THORITY TO USE INCENTIVES.—Beginning on the 

17 date of enactment of this subsection, the Bureau of 

18 Prisons may begin to expand any evidence-based re19 cidivism reduction programs and productive activi20 ties that exist at a prison as of such date, and may 

21 offer to prisoners who successfully participate in such 

22 programs and activities the incentives and rewards 

23 described in subchapter D. 

24 ‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.— 

25 In order to expand evidence-based recidivism reduc-
42 

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1 tion programs and productive activities, the Attorney 

2 General shall develop policies for the warden of each 

3 prison of the Bureau of Prisons to enter into partner4 ships, subject to the availability of appropriations, 

5 with any of the following: 

6 ‘‘(A) Nonprofit and other private organiza7 tions, including faith-based, art, and commu8 nity-based organizations that will deliver recidi9 vism reduction programming on a paid or vol10 unteer basis. 

11 ‘‘(B) Institutions of higher education (as de12 fined in section 101 of the Higher Education Act 

13 of 1965 (20 U.S.C. 1001)) that will deliver in14 struction on a paid or volunteer basis. 

15 ‘‘(C) Private entities that will— 

16 ‘‘(i) deliver vocational training and 

17 certifications; 

18 ‘‘(ii) provide equipment to facilitate 

19 vocational training or employment opportu20 nities for prisoners; 

21 ‘‘(iii) employ prisoners; or 

22 ‘‘(iv) assist prisoners in prerelease cus23 tody or supervised release in finding em24 ployment. 
43 

†S 756 EAS 

1 ‘‘(D) Industry-sponsored organizations that 

2 will deliver workforce development and training, 

3 on a paid or volunteer basis. 

4 ‘‘(6) REQUIREMENT TO PROVIDE PROGRAMS TO

5 ALL PRISONERS; PRIORITY.—The Director of the Bu6 reau of Prisons shall provide all prisoners with the 

7 opportunity to actively participate in evidence-based 

8 recidivism reduction programs or productive activi9 ties, according to their specific criminogenic needs, 

10 throughout their entire term of incarceration. Priority 

11 for participation in recidivism reduction programs 

12 shall be given to medium-risk and high-risk prisoners, 

13 with access to productive activities given to min14 imum-risk and low-risk prisoners. 

15 ‘‘(7) DEFINITIONS.—The terms in this subsection 

16 have the meaning given those terms in section 3635.’’. 

17 (b) PRERELEASE CUSTODY.— 

18 (1) IN GENERAL.—Section 3624 of title 18, 

19 United States Code, is amended— 

20 (A) in subsection (b)(1)— 

21 (i) by striking ‘‘, beyond the time 

22 served, of up to 54 days at the end of each 

23 year of the prisoner’s term of imprisonment, 

24 beginning at the end of the first year of the 

25 term,’’ and inserting ‘‘of up to 54 days for 
44 

†S 756 EAS 

1 each year of the prisoner’s sentence imposed 

2 by the court,’’; and 

3 (ii) by striking ‘‘credit for the last year 

4 or portion of a year of the term of impris5 onment shall be prorated and credited with6 in the last six weeks of the sentence’’ and 

7 inserting ‘‘credit for the last year of a term 

8 of imprisonment shall be credited on the 

9 first day of the last year of the term of im10 prisonment’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(g) PRERELEASE CUSTODY OR SUPERVISED RE13 LEASE FOR RISK AND NEEDS ASSESSMENT SYSTEM PAR14 TICIPANTS.— 

15 ‘‘(1) ELIGIBLE PRISONERS.—This subsection ap16 plies in the case of a prisoner (as such term is defined 

17 in section 3635) who— 

18 ‘‘(A) has earned time credits under the risk 

19 and needs assessment system developed under 

20 subchapter D (referred to in this subsection as 

21 the ‘System’) in an amount that is equal to the 

22 remainder of the prisoner’s imposed term of im23 prisonment; 

24 ‘‘(B) has shown through the periodic risk re25 assessments a demonstrated recidivism risk re-
45 

†S 756 EAS 

1 duction or has maintained a minimum or low 

2 recidivism risk, during the prisoner’s term of im3 prisonment; 

4 ‘‘(C) has had the remainder of the prisoner’s 

5 imposed term of imprisonment computed under 

6 applicable law; and 

7 ‘‘(D)(i) in the case of a prisoner being 

8 placed in prerelease custody, the prisoner— 

9 ‘‘(I) has been determined under the 

10 System to be a minimum or low risk to 

11 recidivate pursuant to the last 2 reassess12 ments of the prisoner; or 

13 ‘‘(II) has had a petition to be trans14 ferred to prerelease custody or supervised re15 lease approved by the warden of the prison, 

16 after the warden’s determination that— 

17 ‘‘(aa) the prisoner would not be a 

18 danger to society if transferred to 

19 prerelease custody or supervised re20 lease; 

21 ‘‘(bb) the prisoner has made a 

22 good faith effort to lower their recidi23 vism risk through participation in re24 cidivism reduction programs or pro25 ductive activities; and 
46 

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1 ‘‘(cc) the prisoner is unlikely to 

2 recidivate; or 

3 ‘‘(ii) in the case of a prisoner being placed 

4 in supervised release, the prisoner has been deter5 mined under the System to be a minimum or 

6 low risk to recidivate pursuant to the last reas7 sessment of the prisoner. 

8 ‘‘(2) TYPES OF PRERELEASE CUSTODY.—A pris9 oner shall be placed in prerelease custody as follows: 

10 ‘‘(A) HOME CONFINEMENT.— 

11 ‘‘(i) IN GENERAL.—A prisoner placed 

12 in prerelease custody pursuant to this sub13 section who is placed in home confinement 

14 shall— 

15 ‘‘(I) be subject to 24-hour elec16 tronic monitoring that enables the 

17 prompt identification of the prisoner, 

18 location, and time, in the case of any 

19 violation of subclause (II); 

20 ‘‘(II) remain in the prisoner’s res21 idence, except that the prisoner may 

22 leave the prisoner’s home in order to, 

23 subject to the approval of the Director 

24 of the Bureau of Prisons— 
47 

†S 756 EAS 

1 ‘‘(aa) perform a job or job-re2 lated activities, including an ap3 prenticeship, or participate in 

4 job-seeking activities; 

5 ‘‘(bb) participate in evidence6 based recidivism reduction pro7 gramming or productive activities 

8 assigned by the System, or similar 

9 activities; 

10 ‘‘(cc) perform community 

11 service; 

12 ‘‘(dd) participate in crime 

13 victim restoration activities; 

14 ‘‘(ee) receive medical treat15 ment; 

16 ‘‘(ff) attend religious activi17 ties; or 

18 ‘‘(gg) participate in other 

19 family-related activities that fa20 cilitate the prisoner’s successful 

21 reentry such as a family funeral, 

22 a family wedding, or to visit a 

23 family member who is seriously 

24 ill; and 
48 

†S 756 EAS 

1 ‘‘(III) comply with such other 

2 conditions as the Director determines 

3 appropriate. 

4 ‘‘(ii) ALTERNATE MEANS OF MONI5 TORING.—If the electronic monitoring of a 

6 prisoner described in clause (i)(I) is infeasi7 ble for technical or religious reasons, the Di8 rector of the Bureau of Prisons may use al9 ternative means of monitoring a prisoner 

10 placed in home confinement that the Direc11 tor determines are as effective or more effec12 tive than the electronic monitoring described 

13 in clause (i)(I). 

14 ‘‘(iii) MODIFICATIONS.—The Director 

15 of the Bureau of Prisons may modify the 

16 conditions described in clause (i) if the Di17 rector determines that a compelling reason 

18 exists to do so, and that the prisoner has 

19 demonstrated exemplary compliance with 

20 such conditions. 

21 ‘‘(iv) DURATION.—Except as provided 

22 in paragraph (4), a prisoner who is placed 

23 in home confinement shall remain in home 

24 confinement until the prisoner has served 
49 

†S 756 EAS 

1 not less than 85 percent of the prisoner’s 

2 imposed term of imprisonment. 

3 ‘‘(B) RESIDENTIAL REENTRY CENTER.—A 

4 prisoner placed in prerelease custody pursuant 

5 to this subsection who is placed at a residential 

6 reentry center shall be subject to such conditions 

7 as the Director of the Bureau of Prisons deter8 mines appropriate. 

9 ‘‘(3) SUPERVISED RELEASE.—If the sentencing 

10 court included as a part of the prisoner’s sentence a 

11 requirement that the prisoner be placed on a term of 

12 supervised release after imprisonment pursuant to 

13 section 3583, the Director of the Bureau of Prisons 

14 may transfer the prisoner to begin any such term of 

15 supervised release at an earlier date, not to exceed 12 

16 months, based on the application of time credits 

17 under section 3632. 

18 ‘‘(4) DETERMINATION OF CONDITIONS.—In deter19 mining appropriate conditions for prisoners placed in 

20 prerelease custody pursuant to this subsection, the Di21 rector of the Bureau of Prisons shall, to the extent 

22 practicable, provide that increasingly less restrictive 

23 conditions shall be imposed on prisoners who dem24 onstrate continued compliance with the conditions of 
50 

†S 756 EAS 

1 such prerelease custody, so as to most effectively pre2 pare such prisoners for reentry. 

3 ‘‘(5) VIOLATIONS OF CONDITIONS.—If a prisoner 

4 violates a condition of the prisoner’s prerelease cus5 tody, the Director of the Bureau of Prisons may im6 pose such additional conditions on the prisoner’s 

7 prerelease custody as the Director of the Bureau of 

8 Prisons determines appropriate, or revoke the pris9 oner’s prerelease custody and require the prisoner to 

10 serve the remainder of the term of imprisonment to 

11 which the prisoner was sentenced, or any portion 

12 thereof, in prison. If the violation is nontechnical in 

13 nature, the Director of the Bureau of Prisons shall re14 voke the prisoner’s prerelease custody. 

15 ‘‘(6) ISSUANCE OF GUIDELINES.—The Attorney 

16 General, in consultation with the Assistant Director 

17 for the Office of Probation and Pretrial Services, shall 

18 issue guidelines for use by the Bureau of Prisons in 

19 determining— 

20 ‘‘(A) the appropriate type of prerelease cus21 tody or supervised release and level of super22 vision for a prisoner placed on prerelease cus23 tody pursuant to this subsection; and 

24 ‘‘(B) consequences for a violation of a con25 dition of such prerelease custody by such a pris-
51 

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1 oner, including a return to prison and a reas2 sessment of evidence-based recidivism risk level 

3 under the System. 

4 ‘‘(7) AGREEMENTS WITH UNITED STATES PROBA5 TION AND PRETRIAL SERVICES.—The Director of the 

6 Bureau of Prisons shall, to the greatest extent prac7 ticable, enter into agreements with United States Pro8 bation and Pretrial Services to supervise prisoners 

9 placed in home confinement under this subsection. 

10 Such agreements shall— 

11 ‘‘(A) authorize United States Probation and 

12 Pretrial Services to exercise the authority grant13 ed to the Director pursuant to paragraphs (3) 

14 and (4); and 

15 ‘‘(B) take into account the resource require16 ments of United States Probation and Pretrial 

17 Services as a result of the transfer of Bureau of 

18 Prisons prisoners to prerelease custody or super19 vised release. 

20 ‘‘(8) ASSISTANCE.—United States Probation and 

21 Pretrial Services shall, to the greatest extent prac22 ticable, offer assistance to any prisoner not under its 

23 supervision during prerelease custody under this sub24 section. 
52 

†S 756 EAS 

1 ‘‘(9) MENTORING, REENTRY, AND SPIRITUAL

2 SERVICES.—Any prerelease custody into which a pris3 oner is placed under this subsection may not include 

4 a condition prohibiting the prisoner from receiving 

5 mentoring, reentry, or spiritual services from a per6 son who provided such services to the prisoner while 

7 the prisoner was incarcerated, except that the warden 

8 of the facility at which the prisoner was incarcerated 

9 may waive the requirement under this paragraph if 

10 the warden finds that the provision of such services 

11 would pose a significant security risk to the prisoner, 

12 persons who provide such services, or any other per13 son. The warden shall provide written notice of any 

14 such waiver to the person providing such services and 

15 to the prisoner. 

16 ‘‘(10) TIME LIMITS INAPPLICABLE.—The time 

17 limits under subsections (b) and (c) shall not apply 

18 to prerelease custody under this subsection. 

19 ‘‘(11) PRERELEASE CUSTODY CAPACITY.—The 

20 Director of the Bureau of Prisons shall ensure there 

21 is sufficient prerelease custody capacity to accommo22 date all eligible prisoners.’’. 

23 (2) EFFECTIVE DATE.—The amendments made 

24 by this subsection shall take effect beginning on the 

25 date that the Attorney General completes and releases 
53 

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1 the risk and needs assessment system under sub2 chapter D of chapter 229 of title 18, United States 

3 Code, as added by section 101(a) of this Act. 

4 (3) APPLICABILITY.—The amendments made by 

5 this subsection shall apply with respect to offenses 

6 committed before, on, or after the date of enactment 

7 of this Act, except that such amendments shall not 

8 apply with respect to offenses committed before No9 vember 1, 1987. 

10 SEC. 103. GAO REPORT. 

11 Not later than 2 years after the Director of the Bureau 

12 of Prisons implements the risk and needs assessment system 

13 under section 3621 of title 18, United States Code, and 

14 every 2 years thereafter, the Comptroller General of the 

15 United States shall conduct an audit of the use of the risk 

16 and needs assessment system at Bureau of Prisons facilities. 

17 The audit shall include analysis of the following: 

18 (1) Whether inmates are being assessed under the 

19 risk and needs assessment system with the frequency 

20 required under such section 3621 of title 18, United 

21 States Code. 

22 (2) Whether the Bureau of Prisons is able to offer 

23 recidivism reduction programs and productive activi24 ties (as such terms are defined in section 3635 of title 
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1 18, United States Code, as added by section 101(a) of 

2 this Act). 

3 (3) Whether the Bureau of Prisons is offering the 

4 type, amount, and intensity of recidivism reduction 

5 programs and productive activities for prisoners to 

6 earn the maximum amount of time credits for which 

7 they are eligible. 

8 (4) Whether the Attorney General is carrying out 

9 the duties under section 3631(b) of title 18, United 

10 States Code, as added by section 101(a) of this Act. 

11 (5) Whether officers and employees of the Bureau 

12 of Prisons are receiving the training described in sec13 tion 3632(f) of title 18, United States Code, as added 

14 by section 101(a) of this Act. 

15 (6) Whether the Bureau of Prisons offers work 

16 assignments to all prisoners who might benefit from 

17 such an assignment. 

18 (7) Whether the Bureau of Prisons transfers pris19 oners to prerelease custody or supervised release as 

20 soon as they are eligible for such a transfer under sec21 tion 3624(g) of title 18, United States Code, as added 

22 by section 102(b) of this Act. 

23 (8) The rates of recidivism among similarly clas24 sified prisoners to identify any unwarranted dispari25 ties, including disparities among similarly classified 
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1 prisoners of different demographic groups, in such 

2 rates. 

3 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There is authorized to be appro5 priated to carry out this title $75,000,000 for each of fiscal 

6 years 2019 through 2023. Of the amount appropriated 

7 under this subsection, 80 percent shall be reserved for use 

8 by the Director of the Bureau of Prisons to implement the 

9 system under section 3621(h) of title 18, United States 

10 Code, as added by section 102(a) of this Act. 

11 (b) SAVINGS.—It is the sense of Congress that any sav12 ings associated with reductions in recidivism that result 

13 from this title should be reinvested— 

14 (1) to supplement funding for programs that in15 crease public safety by providing resources to State 

16 and local law enforcement officials, including for the 

17 adoption of innovative technologies and information 

18 sharing capabilities; 

19 (2) into evidence-based recidivism reduction pro20 grams offered by the Bureau of Prisons; and 

21 (3) into ensuring eligible prisoners have access to 

22 such programs and productive activities offered by the 

23 Bureau of Prisons. 
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1 SEC. 105. RULE OF CONSTRUCTION. 

2 Nothing in this Act, or the amendments made by this 

3 Act, may be construed to provide authority to place a pris4 oner in prerelease custody or supervised release who is serv5 ing a term of imprisonment pursuant to a conviction for 

6 an offense under the laws of one of the 50 States, or of a 

7 territory or possession of the United States or to amend 

8 or affect the enforcement of the immigration laws, as de9 fined in section 101 of the Immigration and Nationality 

10 Act (8 U.S.C. 1101). 

11 SEC. 106. FAITH-BASED CONSIDERATIONS. 

12 (a) IN GENERAL.—In considering any program, treat13 ment, regimen, group, company, charity, person, or entity 

14 of any kind under any provision of this Act, or the amend15 ments made by this Act, the fact that it may be or is faith16 based may not be a basis for any discrimination against 

17 it in any manner or for any purpose. 

18 (b) ELIGIBILITY FOR EARNED TIME CREDIT.—Par19 ticipation in a faith-based program, treatment, or regimen 

20 may qualify a prisoner for earned time credit under sub21 chapter D of chapter 229 of title 18, United States Code, 

22 as added by section 101(a) of this Act, however, the Director 

23 of the Bureau of Prisons shall ensure that non-faith-based 

24 programs that qualify for earned time credit are offered at 

25 each Bureau of Prisons facility in addition to any such 

26 faith-based programs. 
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1 (c) LIMITATION ON ACTIVITIES.—A group, company, 

2 charity, person, or entity may not engage in explicitly reli3 gious activities using direct financial assistance made 

4 available under this title or the amendments made by this 

5 title. 

6 (d) RULE OF CONSTRUCTION.—Nothing in this Act, or 

7 the amendments made by this Act, may be construed to 

8 amend any requirement under Federal law or the Constitu9 tion of the United States regarding funding for faith-based 

10 programs or activities. 

11 SEC. 107. INDEPENDENT REVIEW COMMITTEE. 

12 (a) IN GENERAL.—The Attorney General shall consult 

13 with an Independent Review Committee in carrying out the 

14 Attorney General’s duties under sections 3631(b), 3632 and 

15 3633 of title 18, United States Code, as added by section 

16 101(a) of this Act. 

17 (b) FORMATION OF INDEPENDENT REVIEW COM18 MITTEE.—The National Institute of Justice shall select a 

19 nonpartisan and nonprofit organization with expertise in 

20 the study and development of risk and needs assessment 

21 tools to host the Independent Review Committee. The Inde22 pendent Review Committee shall be established not later 

23 than 30 days after the date of enactment of this Act. 

24 (c) APPOINTMENT OF INDEPENDENT REVIEW COM25 MITTEE.—The organization selected by the National Insti-
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1 tute of Justice shall appoint not fewer than 6 members to 

2 the Independent Review Committee. 

3 (d) COMPOSITION OF THE INDEPENDENT REVIEW

4 COMMITTEE.—The members of the Independent Review 

5 Committee shall all have expertise in risk and needs assess6 ment systems and shall include— 

7 (1) 2 individuals who have published peer-re8 viewed scholarship about risk and needs assessments 

9 in both corrections and community settings; 

10 (2) 2 corrections practitioners who have devel11 oped and implemented a risk assessment tool in a cor12 rections system or in a community supervision set13 ting, including 1 with prior experience working with14 in the Bureau of Prisons; and 

15 (3) 1 individual with expertise in assessing risk 

16 assessment implementation. 

17 (e) DUTIES OF THE INDEPENDENT REVIEW COM18 MITTEE.—The Independent Review Committee shall assist 

19 the Attorney General in carrying out the Attorney General’s 

20 duties under sections 3631(b), 3632 and 3633 of title 18, 

21 United States Code, as added by section 101(a) of this Act, 

22 including by assisting in— 

23 (1) conducting a review of the existing prisoner 

24 risk and needs assessment systems in operation on the 

25 date of enactment of this Act; 
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1 (2) developing recommendations regarding evi2 dence-based recidivism reduction programs and pro3 ductive activities; 

4 (3) conducting research and data analysis on— 

5 (A) evidence-based recidivism reduction pro6 grams relating to the use of prisoner risk and 

7 needs assessment tools; 

8 (B) the most effective and efficient uses of 

9 such programs; and 

10 (C) which evidence-based recidivism reduc11 tion programs are the most effective at reducing 

12 recidivism, and the type, amount, and intensity 

13 of programming that most effectively reduces the 

14 risk of recidivism; and 

15 (4) reviewing and validating the risk and needs 

16 assessment system. 

17 (f) BUREAU OF PRISONS COOPERATION.—The Director 

18 of the Bureau of Prisons shall assist the Independent Re19 view Committee in performing the Committee’s duties and 

20 promptly respond to requests from the Committee for access 

21 to Bureau of Prisons facilities, personnel, and information. 

22 (g) REPORT.—Not later than 2 years after the date 

23 of enactment of this Act, the Independent Review Committee 

24 shall submit to the Committee on the Judiciary and the 

25 Subcommittee on Commerce, Justice, Science, and Related 
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1 Agencies of the Committee on Appropriations of the Senate 

2 and the Committee on the Judiciary and the Subcommittee 

3 on Commerce, Justice, Science, and Related Agencies of the 

4 Committee on Appropriations of the House of Representa5 tives a report that includes— 

6 (1) a list of all offenses of conviction for which 

7 prisoners were ineligible to receive time credits under 

8 section 3632(d)(4)(D) of title 18, United States Code, 

9 as added by section 101(a) of this Act, and for each 

10 offense the number of prisoners excluded, including 

11 demographic percentages by age, race, and sex; 

12 (2) the criminal history categories of prisoners 

13 ineligible to receive time credits under section 

14 3632(d)(4)(D) of title 18, United States Code, as 

15 added by section 101(a) of this Act, and for each cat16 egory the number of prisoners excluded, including de17 mographic percentages by age, race, and sex; 

18 (3) the number of prisoners ineligible to apply 

19 time credits under section 3632(d)(4)(D) of title 18, 

20 United States Code, as added by section 101(a) of this 

21 Act, who do not participate in recidivism reduction 

22 programming or productive activities, including the 

23 demographic percentages by age, race, and sex; 

24 (4) any recommendations for modifications to 

25 section 3632(d)(4)(D) of title 18, United States Code, 
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1 as added by section 101(a) of this Act, and any other 

2 recommendations regarding recidivism reduction. 

3 (h) TERMINATION.—The Independent Review Com4 mittee shall terminate on the date that is 2 years after the 

5 date on which the risk and needs assessment system author6 ized by sections 3632 and 3633 of title 18, United States 

7 Code, as added by section 101(a) of this Act, is released. 

8 TITLE II—BUREAU OF PRISONS 

9 SECURE FIREARMS STORAGE 

10 SEC. 201. SHORT TITLE. 

11 This title may be cited as the ‘‘Lieutenant Osvaldo 

12 Albarati Correctional Officer Self-Protection Act of 2018’’. 

13 SEC. 202. SECURE FIREARMS STORAGE. 

14 (a) IN GENERAL.—Chapter 303 of title 18, United 

15 States Code, is amended by adding at the end the following: 

16 ‘‘§ 4050. Secure firearms storage 

17 ‘‘(a) DEFINITIONS.—In this section— 

18 ‘‘(1) the term ‘employee’ means a qualified law 

19 enforcement officer employed by the Bureau of Pris20 ons; and 

21 ‘‘(2) the terms ‘firearm’ and ‘qualified law en22 forcement officer’ have the meanings given those terms 

23 under section 926B. 
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1 ‘‘(b) SECURE FIREARMS STORAGE.—The Director of 

2 the Bureau of Prisons shall ensure that each chief executive 

3 officer of a Federal penal or correctional institution— 

4 ‘‘(1)(A) provides a secure storage area located 

5 outside of the secure perimeter of the institution for 

6 employees to store firearms; or 

7 ‘‘(B) allows employees to store firearms in a ve8 hicle lockbox approved by the Director of the Bureau 

9 of Prisons; and 

10 ‘‘(2) notwithstanding any other provision of law, 

11 allows employees to carry concealed firearms on the 

12 premises outside of the secure perimeter of the institu13 tion.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

15 table of sections for chapter 303 of title 18, United States 

16 Code, is amended by adding at the end the following: 

‘‘4050. Secure firearms storage.’’. 

17 TITLE III—RESTRAINTS ON 

18 PREGNANT PRISONERS PRO19 HIBITED 

20 SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE 

21 PERIOD OF PREGNANCY AND POSTPARTUM 

22 RECOVERY PROHIBITED. 

23 (a) IN GENERAL.—Chapter 317 of title 18, United 

24 States Code, is amended by inserting after section 4321 the 

25 following: 
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1 ‘‘§ 4322. Use of restraints on prisoners during the pe2 riod of pregnancy, labor, and postpartum 

3 recovery prohibited 

4 ‘‘(a) PROHIBITION.—Except as provided in subsection 

5 (b), beginning on the date on which pregnancy is confirmed 

6 by a healthcare professional, and ending at the conclusion 

7 of postpartum recovery, a prisoner in the custody of the 

8 Bureau of Prisons, or in the custody of the United States 

9 Marshals Service pursuant to section 4086, shall not be 

10 placed in restraints. 

11 ‘‘(b) EXCEPTIONS.— 

12 ‘‘(1) IN GENERAL.—The prohibition under sub13 section (a) shall not apply if— 

14 ‘‘(A) an appropriate corrections official, or 

15 a United States marshal, as applicable, makes a 

16 determination that the prisoner— 

17 ‘‘(i) is an immediate and credible 

18 flight risk that cannot reasonably be pre19 vented by other means; or 

20 ‘‘(ii) poses an immediate and serious 

21 threat of harm to herself or others that can22 not reasonably be prevented by other means; 

23 or 

24 ‘‘(B) a healthcare professional responsible 

25 for the health and safety of the prisoner deter-
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1 mines that the use of restraints is appropriate 

2 for the medical safety of the prisoner. 

3 ‘‘(2) LEAST RESTRICTIVE RESTRAINTS.—In the 

4 case that restraints are used pursuant to an exception 

5 under paragraph (1), only the least restrictive re6 straints necessary to prevent the harm or risk of es7 cape described in paragraph (1) may be used. 

8 ‘‘(3) APPLICATION.— 

9 ‘‘(A) IN GENERAL.—The exceptions under 

10 paragraph (1) may not be applied— 

11 ‘‘(i) to place restraints around the an12 kles, legs, or waist of a prisoner; 

13 ‘‘(ii) to restrain a prisoner’s hands be14 hind her back; 

15 ‘‘(iii) to restrain a prisoner using 4- 

16 point restraints; or 

17 ‘‘(iv) to attach a prisoner to another 

18 prisoner. 

19 ‘‘(B) MEDICAL REQUEST.—Notwithstanding 

20 paragraph (1), upon the request of a healthcare 

21 professional who is responsible for the health and 

22 safety of a prisoner, a corrections official or 

23 United States marshal, as applicable, shall re24 frain from using restraints on the prisoner or 

25 shall remove restraints used on the prisoner. 
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1 ‘‘(c) REPORTS.— 

2 ‘‘(1) REPORT TO THE DIRECTOR AND

3 HEALTHCARE PROFESSIONAL.—If a corrections offi4 cial or United States marshal uses restraints on a 

5 prisoner under subsection (b)(1), that official or mar6 shal shall submit, not later than 30 days after placing 

7 the prisoner in restraints, to the Director of the Bu8 reau of Prisons or the Director of the United States 

9 Marshals Service, as applicable, and to the healthcare 

10 professional responsible for the health and safety of 

11 the prisoner, a written report that describes the facts 

12 and circumstances surrounding the use of restraints, 

13 and includes— 

14 ‘‘(A) the reasoning upon which the deter15 mination to use restraints was made; 

16 ‘‘(B) the details of the use of restraints, in17 cluding the type of restraints used and length of 

18 time during which restraints were used; and 

19 ‘‘(C) any resulting physical effects on the 

20 prisoner observed by or known to the corrections 

21 official or United States marshal, as applicable. 

22 ‘‘(2) SUPPLEMENTAL REPORT TO THE DIREC23 TOR.—Upon receipt of a report under paragraph (1), 

24 the healthcare professional responsible for the health 

25 and safety of the prisoner may submit to the Director 
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1 such information as the healthcare professional deter2 mines is relevant to the use of restraints on the pris3 oner. 

4 ‘‘(3) REPORT TO JUDICIARY COMMITTEES.— 

5 ‘‘(A) IN GENERAL.—Not later than 1 year 

6 after the date of enactment of this section, and 

7 annually thereafter, the Director of the Bureau of 

8 Prisons and the Director of the United States 

9 Marshals Service shall each submit to the Judici10 ary Committee of the Senate and of the House 

11 of Representatives a report that certifies compli12 ance with this section and includes the informa13 tion required to be reported under paragraph 

14 (1). 

15 ‘‘(B) PERSONALLY IDENTIFIABLE INFORMA16 TION.—The report under this paragraph shall 

17 not contain any personally identifiable informa18 tion of any prisoner. 

19 ‘‘(d) NOTICE.—Not later than 48 hours after the con20 firmation of a prisoner’s pregnancy by a healthcare profes21 sional, that prisoner shall be notified by an appropriate 

22 healthcare professional, corrections official, or United 

23 States marshal, as applicable, of the restrictions on the use 

24 of restraints under this section. 
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1 ‘‘(e) VIOLATION REPORTING PROCESS.—The Director 

2 of the Bureau of Prisons, in consultation with the Director 

3 of the United States Marshals Service, shall establish a 

4 process through which a prisoner may report a violation 

5 of this section. 

6 ‘‘(f) TRAINING.— 

7 ‘‘(1) IN GENERAL.—The Director of the Bureau 

8 of Prisons and the Director of the United States Mar9 shals Service shall each develop training guidelines 

10 regarding the use of restraints on female prisoners 

11 during the period of pregnancy, labor, and 

12 postpartum recovery, and shall incorporate such 

13 guidelines into appropriate training programs. Such 

14 training guidelines shall include— 

15 ‘‘(A) how to identify certain symptoms of 

16 pregnancy that require immediate referral to a 

17 healthcare professional; 

18 ‘‘(B) circumstances under which the excep19 tions under subsection (b) would apply; 

20 ‘‘(C) in the case that an exception under 

21 subsection (b) applies, how to apply restraints in 

22 a way that does not harm the prisoner, the fetus, 

23 or the neonate; 

24 ‘‘(D) the information required to be re25 ported under subsection (c); and 
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1 ‘‘(E) the right of a healthcare professional 

2 to request that restraints not be used, and the re3 quirement under subsection (b)(3)(B) to comply 

4 with such a request. 

5 ‘‘(2) DEVELOPMENT OF GUIDELINES.—In devel6 oping the guidelines required by paragraph (1), the 

7 Directors shall each consult with healthcare profes8 sionals with expertise in caring for women during the 

9 period of pregnancy and postpartum recovery. 

10 ‘‘(g) DEFINITIONS.—For purposes of this section: 

11 ‘‘(1) POSTPARTUM RECOVERY.—The term 

12 ‘postpartum recovery’ means the 12-week period, or 

13 longer as determined by the healthcare professional 

14 responsible for the health and safety of the prisoner, 

15 following delivery, and shall include the entire period 

16 that the prisoner is in the hospital or infirmary. 

17 ‘‘(2) PRISONER.—The term ‘prisoner’ means a 

18 person who has been sentenced to a term of imprison19 ment pursuant to a conviction for a Federal criminal 

20 offense, or a person in the custody of the Bureau of 

21 Prisons, including a person in a Bureau of Prisons 

22 contracted facility. 

23 ‘‘(3) RESTRAINTS.—The term ‘restraints’ means 

24 any physical or mechanical device used to control the 

25 movement of a prisoner’s body, limbs, or both.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections for 

2 chapter 317 of title 18, United States Code, is amended by 

3 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.’’. 

4 TITLE IV—SENTENCING REFORM 

5 SEC. 401. REDUCE AND RESTRICT ENHANCED SENTENCING 

6 FOR PRIOR DRUG FELONIES. 

7 (a) CONTROLLED SUBSTANCES ACT AMENDMENTS.— 

8 The Controlled Substances Act (21 U.S.C. 801 et seq.) is 

9 amended— 

10 (1) in section 102 (21 U.S.C. 802), by adding at 

11 the end the following: 

12 ‘‘(57) The term ‘serious drug felony’ means an 

13 offense described in section 924(e)(2) of title 18, 

14 United States Code, for which— 

15 ‘‘(A) the offender served a term of imprison16 ment of more than 12 months; and 

17 ‘‘(B) the offender’s release from any term of 

18 imprisonment was within 15 years of the com19 mencement of the instant offense. 

20 ‘‘(58) The term ‘serious violent felony’ means— 

21 ‘‘(A) an offense described in section 

22 3559(c)(2) of title 18, United States Code, for 

23 which the offender served a term of imprison24 ment of more than 12 months; and 
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1 ‘‘(B) any offense that would be a felony vio2 lation of section 113 of title 18, United States 

3 Code, if the offense were committed in the special 

4 maritime and territorial jurisdiction of the 

5 United States, for which the offender served a 

6 term of imprisonment of more than 12 months.’’; 

7 and 

8 (2) in section 401(b)(1) (21 U.S.C. 841(b)(1))— 

9 (A) in subparagraph (A), in the matter fol10 lowing clause (viii)— 

11 (i) by striking ‘‘If any person commits 

12 such a violation after a prior conviction for 

13 a felony drug offense has become final, such 

14 person shall be sentenced to a term of im15 prisonment which may not be less than 20 

16 years’’ and inserting the following: ‘‘If any 

17 person commits such a violation after a 

18 prior conviction for a serious drug felony or 

19 serious violent felony has become final, such 

20 person shall be sentenced to a term of im21 prisonment of not less than 15 years’’; and 

22 (ii) by striking ‘‘after two or more 

23 prior convictions for a felony drug offense 

24 have become final, such person shall be sen25 tenced to a mandatory term of life impris-
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1 onment without release’’ and inserting the 

2 following: ‘‘after 2 or more prior convictions 

3 for a serious drug felony or serious violent 

4 felony have become final, such person shall 

5 be sentenced to a term of imprisonment of 

6 not less than 25 years’’; and 

7 (B) in subparagraph (B), in the matter fol8 lowing clause (viii), by striking ‘‘If any person 

9 commits such a violation after a prior conviction 

10 for a felony drug offense has become final’’ and 

11 inserting the following: ‘‘If any person commits 

12 such a violation after a prior conviction for a se13 rious drug felony or serious violent felony has be14 come final’’. 

15 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

16 ACT AMENDMENTS.—Section 1010(b) of the Controlled Sub17 stances Import and Export Act (21 U.S.C. 960(b)) is 

18 amended— 

19 (1) in paragraph (1), in the matter following 

20 subparagraph (H), by striking ‘‘If any person com21 mits such a violation after a prior conviction for a 

22 felony drug offense has become final, such person shall 

23 be sentenced to a term of imprisonment of not less 

24 than 20 years’’ and inserting ‘‘If any person commits 

25 such a violation after a prior conviction for a serious 
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1 drug felony or serious violent felony has become final, 

2 such person shall be sentenced to a term of imprison3 ment of not less than 15 years’’; and 

4 (2) in paragraph (2), in the matter following 

5 subparagraph (H), by striking ‘‘felony drug offense’’ 

6 and inserting ‘‘serious drug felony or serious violent 

7 felony’’. 

8 (c) APPLICABILITY TO PENDING CASES.—This section, 

9 and the amendments made by this section, shall apply to 

10 any offense that was committed before the date of enactment 

11 of this Act, if a sentence for the offense has not been imposed 

12 as of such date of enactment. 

13 SEC. 402. BROADENING OF EXISTING SAFETY VALVE. 

14 (a) AMENDMENTS.—Section 3553 of title 18, United 

15 States Code, is amended— 

16 (1) in subsection (f)— 

17 (A) in the matter preceding paragraph 

18 (1)— 

19 (i) by striking ‘‘or section 1010’’ and 

20 inserting ‘‘, section 1010’’; and 

21 (ii) by inserting ‘‘, or section 70503 or 

22 70506 of title 46’’ after ‘‘963)’’; 

23 (B) by striking paragraph (1) and inserting 

24 the following: 

25 ‘‘(1) the defendant does not have— 
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1 ‘‘(A) more than 4 criminal history points, 

2 excluding any criminal history points resulting 

3 from a 1-point offense, as determined under the 

4 sentencing guidelines; 

5 ‘‘(B) a prior 3-point offense, as determined 

6 under the sentencing guidelines; and 

7 ‘‘(C) a prior 2-point violent offense, as de8 termined under the sentencing guidelines;’’; and 

9 (C) by adding at the end the following: 

10 ‘‘Information disclosed by a defendant under this subsection 

11 may not be used to enhance the sentence of the defendant 

12 unless the information relates to a violent offense.’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(g) DEFINITION OF VIOLENT OFFENSE.—As used in 

15 this section, the term ‘violent offense’ means a crime of vio16 lence, as defined in section 16, that is punishable by impris17 onment.’’. 

18 (b) APPLICABILITY.—The amendments made by this 

19 section shall apply only to a conviction entered on or after 

20 the date of enactment of this Act. 

21 SEC. 403. CLARIFICATION OF SECTION 924(c) OF TITLE 18, 

22 UNITED STATES CODE. 

23 (a) IN GENERAL.—Section 924(c)(1)(C) of title 18, 

24 United States Code, is amended, in the matter preceding 

25 clause (i), by striking ‘‘second or subsequent conviction 
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1 under this subsection’’ and inserting ‘‘violation of this sub2 section that occurs after a prior conviction under this sub3 section has become final’’. 

4 (b) APPLICABILITY TO PENDING CASES.—This section, 

5 and the amendments made by this section, shall apply to 

6 any offense that was committed before the date of enactment 

7 of this Act, if a sentence for the offense has not been imposed 

8 as of such date of enactment. 

9 SEC. 404. APPLICATION OF FAIR SENTENCING ACT. 

10 (a) DEFINITION OF COVERED OFFENSE.—In this sec11 tion, the term ‘‘covered offense’’ means a violation of a Fed12 eral criminal statute, the statutory penalties for which were 

13 modified by section 2 or 3 of the Fair Sentencing Act of 

14 2010 (Public Law 111–220; 124 Stat. 2372), that was com15 mitted before August 3, 2010. 

16 (b) DEFENDANTS PREVIOUSLY SENTENCED.—A court 

17 that imposed a sentence for a covered offense may, on mo18 tion of the defendant, the Director of the Bureau of Prisons, 

19 the attorney for the Government, or the court, impose a re20 duced sentence as if sections 2 and 3 of the Fair Sentencing 

21 Act of 2010 (Public Law 111–220; 124 Stat. 2372) were 

22 in effect at the time the covered offense was committed. 

23 (c) LIMITATIONS.—No court shall entertain a motion 

24 made under this section to reduce a sentence if the sentence 

25 was previously imposed or previously reduced in accord-
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1 ance with the amendments made by sections 2 and 3 of the 

2 Fair Sentencing Act of 2010 (Public Law 111–220; 124 

3 Stat. 2372) or if a previous motion made under this section 

4 to reduce the sentence was, after the date of enactment of 

5 this Act, denied after a complete review of the motion on 

6 the merits. Nothing in this section shall be construed to re7 quire a court to reduce any sentence pursuant to this sec8 tion. 

9 TITLE V—SECOND CHANCE ACT 

10 OF 2007 REAUTHORIZATION 

11 SEC. 501. SHORT TITLE. 

12 This title may be cited as the ‘‘Second Chance Reau13 thorization Act of 2018’’. 

14 SEC. 502. IMPROVEMENTS TO EXISTING PROGRAMS. 

15 (a) REAUTHORIZATION OF ADULT AND JUVENILE OF16 FENDER STATE AND LOCAL DEMONSTRATION PROJECTS.— 

17 Section 2976 of title I of the Omnibus Crime Control and 

18 Safe Streets Act of 1968 (34 U.S.C. 10631) is amended— 

19 (1) by striking subsection (a) and inserting the 

20 following: 

21 ‘‘(a) GRANT AUTHORIZATION.—The Attorney General 

22 shall make grants to States, local governments, territories, 

23 or Indian tribes, or any combination thereof (in this section 

24 referred to as an ‘eligible entity’), in partnership with in25 terested persons (including Federal corrections and super-
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1 vision agencies), service providers, and nonprofit organiza2 tions for the purpose of strategic planning and implementa3 tion of adult and juvenile offender reentry projects.’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (3), by inserting ‘‘or re6 entry courts,’’ after ‘‘community,’’; 

7 (B) in paragraph (6), by striking ‘‘and’’ at 

8 the end; 

9 (C) in paragraph (7), by striking the period 

10 at the end and inserting ‘‘; and’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(8) promoting employment opportunities con13 sistent with the Transitional Jobs strategy (as defined 

14 in section 4 of the Second Chance Act of 2007 (34 

15 U.S.C. 60502)).’’; and 

16 (3) by striking subsections (d), (e), and (f) and 

17 inserting the following: 

18 ‘‘(d) COMBINED GRANT APPLICATION; PRIORITY CON19 SIDERATION.— 

20 ‘‘(1) IN GENERAL.—The Attorney General shall 

21 develop a procedure to allow applicants to submit a 

22 single application for a planning grant under sub23 section (e) and an implementation grant under sub24 section (f). 
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1 ‘‘(2) PRIORITY CONSIDERATION.—The Attorney 

2 General shall give priority consideration to grant ap3 plications under subsections (e) and (f) that include 

4 a commitment by the applicant to partner with a 

5 local evaluator to identify and analyze data that 

6 will— 

7 ‘‘(A) enable the grantee to target the in8 tended offender population; and 

9 ‘‘(B) serve as a baseline for purposes of the 

10 evaluation. 

11 ‘‘(e) PLANNING GRANTS.— 

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (3), the Attorney General may make a grant to 

14 an eligible entity of not more than $75,000 to develop 

15 a strategic, collaborative plan for an adult or juvenile 

16 offender reentry demonstration project as described in 

17 subsection (h) that includes— 

18 ‘‘(A) a budget and a budget justification; 

19 ‘‘(B) a description of the outcome measures 

20 that will be used to measure the effectiveness of 

21 the program in promoting public safety and 

22 public health; 

23 ‘‘(C) the activities proposed; 

24 ‘‘(D) a schedule for completion of the activi25 ties described in subparagraph (C); and 
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1 ‘‘(E) a description of the personnel nec2 essary to complete the activities described in sub3 paragraph (C). 

4 ‘‘(2) MAXIMUM TOTAL GRANTS AND GEOGRAPHIC

5 DIVERSITY.— 

6 ‘‘(A) MAXIMUM AMOUNT.—The Attorney 

7 General may not make initial planning grants 

8 and implementation grants to 1 eligible entity in 

9 a total amount that is more than a $1,000,000. 

10 ‘‘(B) GEOGRAPHIC DIVERSITY.—The Attor11 ney General shall make every effort to ensure eq12 uitable geographic distribution of grants under 

13 this section and take into consideration the needs 

14 of underserved populations, including rural and 

15 tribal communities. 

16 ‘‘(3) PERIOD OF GRANT.—A planning grant 

17 made under this subsection shall be for a period of 

18 not longer than 1 year, beginning on the first day of 

19 the month in which the planning grant is made. 

20 ‘‘(f) IMPLEMENTATION GRANTS.— 

21 ‘‘(1) APPLICATIONS.—An eligible entity desiring 

22 an implementation grant under this subsection shall 

23 submit to the Attorney General an application that— 

24 ‘‘(A) contains a reentry strategic plan as 

25 described in subsection (h), which describes the 
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1 long-term strategy and incorporates a detailed 

2 implementation schedule, including the plans of 

3 the applicant to fund the program after Federal 

4 funding is discontinued; 

5 ‘‘(B) identifies the local government role 

6 and the role of governmental agencies and non7 profit organizations that will be coordinated by, 

8 and that will collaborate on, the offender reentry 

9 strategy of the applicant, and certifies the in10 volvement of such agencies and organizations; 

11 ‘‘(C) describes the evidence-based method12 ology and outcome measures that will be used to 

13 evaluate the program funded with a grant under 

14 this subsection, and specifically explains how 

15 such measurements will provide valid measures 

16 of the impact of that program; and 

17 ‘‘(D) describes how the project could be 

18 broadly replicated if demonstrated to be effective. 

19 ‘‘(2) REQUIREMENTS.—The Attorney General 

20 may make a grant to an applicant under this sub21 section only if the application— 

22 ‘‘(A) reflects explicit support of the chief ex23 ecutive officer, or their designee, of the State, 

24 unit of local government, territory, or Indian 

25 tribe applying for a grant under this subsection; 
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1 ‘‘(B) provides discussion of the role of Fed2 eral corrections, State corrections departments, 

3 community corrections agencies, juvenile justice 

4 systems, and tribal or local jail systems in en5 suring successful reentry of offenders into their 

6 communities; 

7 ‘‘(C) provides evidence of collaboration with 

8 State, local, or tribal government agencies over9 seeing health, housing, child welfare, education, 

10 substance abuse, victims services, and employ11 ment services, and with local law enforcement 

12 agencies; 

13 ‘‘(D) provides a plan for analysis of the 

14 statutory, regulatory, rules-based, and practice15 based hurdles to reintegration of offenders into 

16 the community; 

17 ‘‘(E) includes the use of a State, local, terri18 torial, or tribal task force, described in sub19 section (i), to carry out the activities funded 

20 under the grant; 

21 ‘‘(F) provides a plan for continued collabo22 ration with a local evaluator as necessary to 

23 meeting the requirements under subsection (h); 

24 and 
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1 ‘‘(G) demonstrates that the applicant par2 ticipated in the planning grant process or en3 gaged in comparable planning for the reentry 

4 project. 

5 ‘‘(3) PRIORITY CONSIDERATIONS.—The Attorney 

6 General shall give priority to grant applications 

7 under this subsection that best— 

8 ‘‘(A) focus initiative on geographic areas 

9 with a disproportionate population of offenders 

10 released from prisons, jails, and juvenile facili11 ties; 

12 ‘‘(B) include— 

13 ‘‘(i) input from nonprofit organiza14 tions, in any case where relevant input is 

15 available and appropriate to the grant ap16 plication; 

17 ‘‘(ii) consultation with crime victims 

18 and offenders who are released from prisons, 

19 jails, and juvenile facilities; 

20 ‘‘(iii) coordination with families of of21 fenders; 

22 ‘‘(iv) input, where appropriate, from 

23 the juvenile justice coordinating council of 

24 the region; 
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1 ‘‘(v) input, where appropriate, from 

2 the reentry coordinating council of the re3 gion; or 

4 ‘‘(vi) input, where appropriate, from 

5 other interested persons; 

6 ‘‘(C) demonstrate effective case assessment 

7 and management abilities in order to provide 

8 comprehensive and continuous reentry, includ9 ing— 

10 ‘‘(i) planning for prerelease transi11 tional housing and community release that 

12 begins upon admission for juveniles and jail 

13 inmates, and, as appropriate, for prison in14 mates, depending on the length of the sen15 tence; 

16 ‘‘(ii) establishing prerelease planning 

17 procedures to ensure that the eligibility of 

18 an offender for Federal, tribal, or State ben19 efits upon release is established prior to re20 lease, subject to any limitations in law, and 

21 to ensure that offenders obtain all necessary 

22 referrals for reentry services, including as23 sistance identifying and securing suitable 

24 housing; or 
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1 ‘‘(iii) delivery of continuous and ap2 propriate mental health services, drug treat3 ment, medical care, job training and place4 ment, educational services, vocational serv5 ices, and any other service or support need6 ed for reentry; 

7 ‘‘(D) review the process by which the appli8 cant adjudicates violations of parole, probation, 

9 or supervision following release from prison, jail, 

10 or a juvenile facility, taking into account public 

11 safety and the use of graduated, community12 based sanctions for minor and technical viola13 tions of parole, probation, or supervision (spe14 cifically those violations that are not otherwise, 

15 and independently, a violation of law); 

16 ‘‘(E) provide for an independent evaluation 

17 of reentry programs that include, to the max18 imum extent possible, random assignment and 

19 controlled studies to determine the effectiveness of 

20 such programs; 

21 ‘‘(F) target moderate and high-risk offenders 

22 for reentry programs through validated assess23 ment tools; or 

24 ‘‘(G) target offenders with histories of home25 lessness, substance abuse, or mental illness, in-
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1 cluding a prerelease assessment of the housing 

2 status of the offender and behavioral health needs 

3 of the offender with clear coordination with men4 tal health, substance abuse, and homelessness 

5 services systems to achieve stable and permanent 

6 housing outcomes with appropriate support serv7 ice. 

8 ‘‘(4) PERIOD OF GRANT.—A grant made under 

9 this subsection shall be effective for a 2-year period— 

10 ‘‘(A) beginning on the date on which the 

11 planning grant awarded under subsection (e) 

12 concludes; or 

13 ‘‘(B) in the case of an implementation 

14 grant awarded to an eligible entity that did not 

15 receive a planning grant, beginning on the date 

16 on which the implementation grant is award17 ed.’’; 

18 (4) in subsection (h)— 

19 (A) by redesignating paragraphs (2) and 

20 (3) as paragraphs (3) and (4), respectively; and 

21 (B) by striking paragraph (1) and inserting 

22 the following: 

23 ‘‘(1) IN GENERAL.—As a condition of receiving 

24 financial assistance under subsection (f), each appli-
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1 cation shall develop a comprehensive reentry strategic 

2 plan that— 

3 ‘‘(A) contains a plan to assess inmate re4 entry needs and measurable annual and 3-year 

5 performance outcomes; 

6 ‘‘(B) uses, to the maximum extent possible, 

7 randomly assigned and controlled studies, or rig8 orous quasi-experimental studies with matched 

9 comparison groups, to determine the effectiveness 

10 of the program funded with a grant under sub11 section (f); and 

12 ‘‘(C) includes as a goal of the plan to reduce 

13 the rate of recidivism for offenders released from 

14 prison, jail or a juvenile facility with funds 

15 made available under subsection (f). 

16 ‘‘(2) LOCAL EVALUATOR.—A partnership with a 

17 local evaluator described in subsection (d)(2) shall re18 quire the local evaluator to use the baseline data and 

19 target population characteristics developed under a 

20 subsection (e) planning grant to derive a target goal 

21 for recidivism reduction during the 3-year period be22 ginning on the date of implementation of the pro23 gram.’’; 

24 (5) in subsection (i)(1)— 
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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘under this section’’ and insert3 ing ‘‘under subsection (f)’’; and 

4 (B) in subparagraph (B), by striking ‘‘sub5 section (e)(4)’’ and inserting ‘‘subsection 

6 (f)(2)(D)’’; 

7 (6) in subsection (j)— 

8 (A) in paragraph (1), by inserting ‘‘for an 

9 implementation grant under subsection (f)’’ after 

10 ‘‘applicant’’; 

11 (B) in paragraph (2)— 

12 (i) in subparagraph (E), by inserting 

13 ‘‘, where appropriate’’ after ‘‘support’’; and 

14 (ii) by striking subparagraphs (F), 

15 (G), and (H), and inserting the following: 

16 ‘‘(F) increased number of staff trained to 

17 administer reentry services; 

18 ‘‘(G) increased proportion of individuals 

19 served by the program among those eligible to re20 ceive services; 

21 ‘‘(H) increased number of individuals re22 ceiving risk screening needs assessment, and case 

23 planning services; 

24 ‘‘(I) increased enrollment in, and comple25 tion of treatment services, including substance 
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1 abuse and mental health services among those as2 sessed as needing such services; 

3 ‘‘(J) increased enrollment in and degrees 

4 earned from educational programs, including 

5 high school, GED, vocational training, and col6 lege education; 

7 ‘‘(K) increased number of individuals ob8 taining and retaining employment; 

9 ‘‘(L) increased number of individuals ob10 taining and maintaining housing; 

11 ‘‘(M) increased self-reports of successful 

12 community living, including stability of living 

13 situation and positive family relationships; 

14 ‘‘(N) reduction in drug and alcohol use; and 

15 ‘‘(O) reduction in recidivism rates for indi16 viduals receiving reentry services after release, as 

17 compared to either baseline recidivism rates in 

18 the jurisdiction of the grantee or recidivism rates 

19 of the control or comparison group.’’; 

20 (C) in paragraph (3), by striking ‘‘facili21 ties.’’ and inserting ‘‘facilities, including a cost22 benefit analysis to determine the cost effectiveness 

23 of the reentry program.’’; 

24 (D) in paragraph (4), by striking ‘‘this sec25 tion’’ and inserting ‘‘subsection (f)’’; and 
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1 (E) in paragraph (5), by striking ‘‘this sec2 tion’’ and inserting ‘‘subsection (f)’’; 

3 (7) in subsection (k)(1), by striking ‘‘this sec4 tion’’ each place the term appears and inserting ‘‘sub5 section (f)’’; 

6 (8) in subsection (l)— 

7 (A) in paragraph (2), by inserting ‘‘begin8 ning on the date on which the most recent imple9 mentation grant is made to the grantee under 

10 subsection (f)’’ after ‘‘2-year period’’; and 

11 (B) in paragraph (4), by striking ‘‘over a 

12 2-year period’’ and inserting ‘‘during the 2-year 

13 period described in paragraph (2)’’; 

14 (9) in subsection (o)(1), by striking ‘‘appro15 priated’’ and all that follows and inserting the fol16 lowing: ‘‘appropriated $35,000,000 for each of fiscal 

17 years 2019 through 2023.’’; and 

18 (10) by adding at the end the following: 

19 ‘‘(p) DEFINITION.—In this section, the term ‘reentry 

20 court’ means a program that— 

21 ‘‘(1) monitors juvenile and adult eligible offend22 ers reentering the community; 

23 ‘‘(2) provides continual judicial supervision; 
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1 ‘‘(3) provides juvenile and adult eligible offenders 

2 reentering the community with coordinated and com3 prehensive reentry services and programs, such as— 

4 ‘‘(A) drug and alcohol testing and assess5 ment for treatment; 

6 ‘‘(B) assessment for substance abuse from a 

7 substance abuse professional who is approved by 

8 the State or Indian tribe and licensed by the ap9 propriate entity to provide alcohol and drug ad10 diction treatment, as appropriate; 

11 ‘‘(C) substance abuse treatment, including 

12 medication-assisted treatment, from a provider 

13 that is approved by the State or Indian tribe, 

14 and licensed, if necessary, to provide medical 

15 and other health services; 

16 ‘‘(D) health (including mental health) serv17 ices and assessment; 

18 ‘‘(E) aftercare and case management serv19 ices that— 

20 ‘‘(i) facilitate access to clinical care 

21 and related health services; and 

22 ‘‘(ii) coordinate with such clinical care 

23 and related health services; and 

24 ‘‘(F) any other services needed for reentry; 
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1 ‘‘(4) convenes community impact panels, victim 

2 impact panels, or victim impact educational classes; 

3 ‘‘(5) provides and coordinates the delivery of 

4 community services to juvenile and adult eligible of5 fenders, including— 

6 ‘‘(A) housing assistance; 

7 ‘‘(B) education; 

8 ‘‘(C) job training; 

9 ‘‘(D) conflict resolution skills training; 

10 ‘‘(E) batterer intervention programs; and 

11 ‘‘(F) other appropriate social services; and 

12 ‘‘(6) establishes and implements graduated sanc13 tions and incentives.’’. 

14 (b) GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE

15 TREATMENT.—Part DD of title I of the Omnibus Crime 

16 Control and Safe Streets Act of 1968 (34 U.S.C. 10591 et 

17 seq.) is amended— 

18 (1) in section 2921 (34 U.S.C. 10591), in the 

19 matter preceding paragraph (1), by inserting ‘‘non20 profit organizations,’’ before ‘‘and Indian’’; 

21 (2) in section 2923 (34 U.S.C. 10593), by adding 

22 at the end the following: 

23 ‘‘(c) PRIORITY CONSIDERATIONS.—The Attorney Gen24 eral shall give priority consideration to grant applications 

25 for grants under section 2921 that are submitted by a non-
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1 profit organization that demonstrates a relationship with 

2 State and local criminal justice agencies, including— 

3 ‘‘(1) within the judiciary and prosecutorial 

4 agencies; or 

5 ‘‘(2) with the local corrections agencies, which 

6 shall be documented by a written agreement that de7 tails the terms of access to facilities and participants 

8 and provides information on the history of the orga9 nization of working with correctional populations.’’; 

10 and 

11 (3) by striking section 2926(a) and inserting the 

12 following: 

13 ‘‘(a) IN GENERAL.—There are authorized to be appro14 priated to carry out this part $10,000,000 for each of fiscal 

15 years 2019 through 2023.’’. 

16 (c) GRANT PROGRAM TO EVALUATE AND IMPROVE

17 EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVE18 NILE FACILITIES.—Title I of the Omnibus Crime Control 

19 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 

20 amended— 

21 (1) by striking the second part designated as 

22 part JJ, as added by the Second Chance Act of 2007 

23 (Public Law 110–199; 122 Stat. 677), relating to 

24 grants to evaluate and improve educational methods 

25 at prisons, jails, and juvenile facilities; 
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1 (2) by adding at the end the following: 

2 ‘‘PART NN—GRANT PROGRAM TO EVALUATE AND 

3 IMPROVE EDUCATIONAL METHODS AT PRIS4 ONS, JAILS, AND JUVENILE FACILITIES 

5 ‘‘SEC. 3041. GRANT PROGRAM TO EVALUATE AND IMPROVE 

6 EDUCATIONAL METHODS AT PRISONS, JAILS, 

7 AND JUVENILE FACILITIES. 

8 ‘‘(a) GRANT PROGRAM AUTHORIZED.—The Attorney 

9 General may carry out a grant program under which the 

10 Attorney General may make grants to States, units of local 

11 government, territories, Indian Tribes, and other public 

12 and private entities to— 

13 ‘‘(1) evaluate methods to improve academic and 

14 vocational education for offenders in prisons, jails, 

15 and juvenile facilities; 

16 ‘‘(2) identify, and make recommendations to the 

17 Attorney General regarding, best practices relating to 

18 academic and vocational education for offenders in 

19 prisons, jails, and juvenile facilities, based on the 

20 evaluation under paragraph (1); 

21 ‘‘(3) improve the academic and vocational edu22 cation programs (including technology career train23 ing) available to offenders in prisons, jails, and juve24 nile facilities; and 
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1 ‘‘(4) implement methods to improve academic 

2 and vocational education for offenders in prisons, 

3 jails, and juvenile facilities consistent with the best 

4 practices identified in subsection (c). 

5 ‘‘(b) APPLICATION.—To be eligible for a grant under 

6 this part, a State or other entity described in subsection 

7 (a) shall submit to the Attorney General an application in 

8 such form and manner, at such time, and accompanied by 

9 such information as the Attorney General specifies. 

10 ‘‘(c) BEST PRACTICES.—Not later than 180 days after 

11 the date of enactment of the Second Chance Reauthorization 

12 Act of 2018, the Attorney General shall identify and publish 

13 best practices relating to academic and vocational edu14 cation for offenders in prisons, jails, and juvenile facilities. 

15 The best practices shall consider the evaluations performed 

16 and recommendations made under grants made under sub17 section (a) before the date of enactment of the Second 

18 Chance Reauthorization Act of 2018. 

19 ‘‘(d) REPORT.—Not later than 90 days after the last 

20 day of the final fiscal year of a grant under this part, each 

21 entity described in subsection (a) receiving such a grant 

22 shall submit to the Attorney General a detailed report of 

23 the progress made by the entity using such grant, to permit 

24 the Attorney General to evaluate and improve academic 
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1 and vocational education methods carried out with grants 

2 under this part.’’; and 

3 (3) in section 1001(a) of part J of title I of the 

4 Omnibus Crime Control and Safe Streets Act of 1968 

5 (34 U.S.C. 10261(a)), by adding at the end the fol6 lowing: 

7 ‘‘(28) There are authorized to be appropriated to 

8 carry out section 3031(a)(4) of part NN $5,000,000 

9 for each of fiscal years 2019, 2020, 2021, 2022, and 

10 2023.’’. 

11 (d) CAREERS TRAINING DEMONSTRATION GRANTS.— 

12 Section 115 of the Second Chance Act of 2007 (34 U.S.C. 

13 60511) is amended— 

14 (1) in the heading, by striking ‘‘TECHNOLOGY

15 CAREERS’’ and inserting ‘‘CAREERS’’; 

16 (2) in subsection (a)— 

17 (A) by striking ‘‘and Indian’’ and inserting 

18 ‘‘nonprofit organizations, and Indian’’; and 

19 (B) by striking ‘‘technology career training 

20 to prisoners’’ and inserting ‘‘career training, in21 cluding subsidized employment, when part of a 

22 training program, to prisoners and reentering 

23 youth and adults’’; 

24 (3) in subsection (b)— 
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1 (A) by striking ‘‘technology careers train2 ing’’; 

3 (B) by striking ‘‘technology-based’’; and 

4 (C) by inserting ‘‘, as well as upon transi5 tion and reentry into the community’’ after ‘‘fa6 cility’’; 

7 (4) by striking subsection (e); 

8 (5) by redesignating subsections (c) and (d) as 

9 subsections (d) and (e), respectively; 

10 (6) by inserting after subsection (b) the fol11 lowing: 

12 ‘‘(c) PRIORITY CONSIDERATION.—Priority consider13 ation shall be given to any application under this section 

14 that— 

15 ‘‘(1) provides assessment of local demand for em16 ployees in the geographic areas to which offenders are 

17 likely to return; 

18 ‘‘(2) conducts individualized reentry career plan19 ning upon the start of incarceration or post-release 

20 employment planning for each offender served under 

21 the grant; 

22 ‘‘(3) demonstrates connections to employers with23 in the local community; or 

24 ‘‘(4) tracks and monitors employment out25 comes.’’; and 
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1 (7) by adding at the end the following: 

2 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 

3 authorized to be appropriated to carry out this section 

4 $10,000,000 for each of fiscal years 2019, 2020, 2021, 2022, 

5 and 2023.’’. 

6 (e) OFFENDER REENTRY SUBSTANCE ABUSE AND

7 CRIMINAL JUSTICE COLLABORATION PROGRAM.—Section 

8 201(f)(1) of the Second Chance Act of 2007 (34 U.S.C. 

9 60521(f)(1)) is amended to read as follows: 

10 ‘‘(1) IN GENERAL.—There are authorized to be 

11 appropriated to carry out this section $15,000,000 for 

12 each of fiscal years 2019 through 2023.’’. 

13 (f) COMMUNITY-BASED MENTORING AND TRANSI14 TIONAL SERVICE GRANTS TO NONPROFIT ORGANIZA15 TIONS.— 

16 (1) IN GENERAL.—Section 211 of the Second 

17 Chance Act of 2007 (34 U.S.C. 60531) is amended— 

18 (A) in the header, by striking ‘‘MEN19 TORING GRANTS TO NONPROFIT ORGANI20 ZATIONS’’ and inserting ‘‘COMMUNITY21 BASED MENTORING AND TRANSITIONAL

22 SERVICE GRANTS TO NONPROFIT ORGANI23 ZATIONS’’; 

24 (B) in subsection (a), by striking ‘‘men25 toring and other’’; 
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1 (C) in subsection (b), by striking paragraph 

2 (2) and inserting the following: 

3 ‘‘(2) transitional services to assist in the re4 integration of offenders into the community, includ5 ing— 

6 ‘‘(A) educational, literacy, and vocational, 

7 services and the Transitional Jobs strategy; 

8 ‘‘(B) substance abuse treatment and serv9 ices; 

10 ‘‘(C) coordinated supervision and services 

11 for offenders, including physical health care and 

12 comprehensive housing and mental health care; 

13 ‘‘(D) family services; and 

14 ‘‘(E) validated assessment tools to assess the 

15 risk factors of returning inmates; and’’; and 

16 (D) in subsection (f), by striking ‘‘this sec17 tion’’ and all that follows and inserting the fol18 lowing: ‘‘this section $15,000,000 for each of fis19 cal years 2019 through 2023.’’. 

20 (2) TABLE OF CONTENTS AMENDMENT.—The 

21 table of contents in section 2 of the Second Chance 

22 Act of 2007 (Public Law 110–199; 122 Stat. 657) is 

23 amended by striking the item relating to section 211 

24 and inserting the following: 

‘‘Sec. 211. Community-based mentoring and transitional service grants.’’. 

25 (g) DEFINITIONS.— 
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1 (1) IN GENERAL.—Section 4 of the Second 

2 Chance Act of 2007 (34 U.S.C. 60502) is amended to 

3 read as follows: 

4 ‘‘SEC. 4. DEFINITIONS. 

5 ‘‘In this Act— 

6 ‘‘(1) the term ‘exoneree’ means an individual 

7 who— 

8 ‘‘(A) has been convicted of a Federal, tribal, 

9 or State offense that is punishable by a term of 

10 imprisonment of more than 1 year; 

11 ‘‘(B) has served a term of imprisonment for 

12 not less than 6 months in a Federal, tribal, or 

13 State prison or correctional facility as a result 

14 of the conviction described in subparagraph (A); 

15 and 

16 ‘‘(C) has been determined to be factually in17 nocent of the offense described in subparagraph 

18 (A); 

19 ‘‘(2) the term ‘Indian tribe’ has the meaning 

20 given in section 901 of title I of the Omnibus Crime 

21 Control and Safe Streets Act of 1968 (34 U.S.C. 

22 10251); 

23 ‘‘(3) the term ‘offender’ includes an exoneree; and 

24 ‘‘(4) the term ‘Transitional Jobs strategy’ means 

25 an employment strategy for youth and adults who are 
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1 chronically unemployed or those that have barriers to 

2 employment that— 

3 ‘‘(A) is conducted by State, tribal, and local 

4 governments, State, tribal, and local workforce 

5 boards, and nonprofit organizations; 

6 ‘‘(B) provides time-limited employment 

7 using individual placements, team placements, 

8 and social enterprise placements, without dis9 placing existing employees; 

10 ‘‘(C) pays wages in accordance with appli11 cable law, but in no event less than the higher 

12 of the rate specified in section 6(a)(1) of the Fair 

13 Labor Standards Act of 1938 (29 U.S.C. 

14 206(a)(1)) or the applicable State or local min15 imum wage law, which are subsidized, in whole 

16 or in part, by public funds; 

17 ‘‘(D) combines time-limited employment 

18 with activities that promote skill development, 

19 remove barriers to employment, and lead to un20 subsidized employment such as a thorough ori21 entation and individual assessment, job readi22 ness and life skills training, case management 

23 and supportive services, adult education and 

24 training, child support-related services, job reten-
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1 tion support and incentives, and other similar 

2 activities; 

3 ‘‘(E) places participants into unsubsidized 

4 employment; and 

5 ‘‘(F) provides job retention, re-employment 

6 services, and continuing and vocational edu7 cation to ensure continuing participation in un8 subsidized employment and identification of op9 portunities for advancement.’’. 

10 (2) TABLE OF CONTENTS AMENDMENT.—The 

11 table of contents in section 2 of the Second Chance 

12 Act of 2007 (Public Law 110–199; 122 Stat. 657) is 

13 amended by striking the item relating to section 4 

14 and inserting the following: 

‘‘Sec. 4. Definitions.’’. 

15 (h) EXTENSION OF THE LENGTH OF SECTION 2976 

16 GRANTS.—Section 6(1) of the Second Chance Act of 2007 

17 (34 U.S.C. 60504(1)) is amended by inserting ‘‘or under 

18 section 2976 of the Omnibus Crime Control and Safe Streets 

19 Act of 1968 (34 U.S.C. 10631)’’ after ‘‘and 212’’. 

20 SEC. 503. AUDIT AND ACCOUNTABILITY OF GRANTEES. 

21 (a) DEFINITIONS.—In this section— 

22 (1) the term ‘‘covered grant program’’ means 

23 grants awarded under section 115, 201, or 211 of the 

24 Second Chance Act of 2007 (34 U.S.C. 60511, 60521, 

25 and 60531), as amended by this title; 
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1 (2) the term ‘‘covered grantee’’ means a recipient 

2 of a grant from a covered grant program; 

3 (3) the term ‘‘nonprofit’’, when used with respect 

4 to an organization, means an organization that is de5 scribed in section 501(c)(3) of the Internal Revenue 

6 Code of 1986, and is exempt from taxation under sec7 tion 501(a) of such Code; and 

8 (4) the term ‘‘unresolved audit finding’’ means 

9 an audit report finding in a final audit report of the 

10 Inspector General of the Department of Justice that 

11 a covered grantee has used grant funds awarded to 

12 that grantee under a covered grant program for an 

13 unauthorized expenditure or otherwise unallowable 

14 cost that is not closed or resolved during a 12-month 

15 period prior to the date on which the final audit re16 port is issued. 

17 (b) AUDIT REQUIREMENT.—Beginning in fiscal year 

18 2019, and annually thereafter, the Inspector General of the 

19 Department of Justice shall conduct audits of covered 

20 grantees to prevent waste, fraud, and abuse of funds award21 ed under covered grant programs. The Inspector General 

22 shall determine the appropriate number of covered grantees 

23 to be audited each year. 

24 (c) MANDATORY EXCLUSION.—A grantee that is found 

25 to have an unresolved audit finding under an audit con-
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1 ducted under subsection (b) may not receive grant funds 

2 under a covered grant program in the fiscal year following 

3 the fiscal year to which the finding relates. 

4 (d) REIMBURSEMENT.—If a covered grantee is award5 ed funds under the covered grant program from which it 

6 received a grant award during the 1-fiscal-year period dur7 ing which the covered grantee is ineligible for an allocation 

8 of grant funds under subsection (c), the Attorney General 

9 shall— 

10 (1) deposit into the General Fund of the Treas11 ury an amount that is equal to the amount of the 

12 grant funds that were improperly awarded to the cov13 ered grantee; and 

14 (2) seek to recoup the costs of the repayment to 

15 the Fund from the covered grantee that was improp16 erly awarded the grant funds. 

17 (e) PRIORITY OF GRANT AWARDS.—The Attorney Gen18 eral, in awarding grants under a covered grant program 

19 shall give priority to eligible entities that during the 2-year 

20 period preceding the application for a grant have not been 

21 found to have an unresolved audit finding. 

22 (f) NONPROFIT REQUIREMENTS.— 

23 (1) PROHIBITION.—A nonprofit organization 

24 that holds money in offshore accounts for the purpose 

25 of avoiding the tax described in section 511(a) of the 
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1 Internal Revenue Code of 1986, shall not be eligible 

2 to receive, directly or indirectly, any funds from a 

3 covered grant program. 

4 (2) DISCLOSURE.—Each nonprofit organization 

5 that is a covered grantee shall disclose in its applica6 tion for such a grant, as a condition of receipt of such 

7 a grant, the compensation of its officers, directors, 

8 and trustees. Such disclosure shall include a descrip9 tion of the criteria relied on to determine such com10 pensation. 

11 (g) PROHIBITION ON LOBBYING ACTIVITY.— 

12 (1) IN GENERAL.—Amounts made available 

13 under a covered grant program may not be used by 

14 any covered grantee to— 

15 (A) lobby any representative of the Depart16 ment of Justice regarding the award of grant 

17 funding; or 

18 (B) lobby any representative of the Federal 

19 Government or a State, local, or tribal govern20 ment regarding the award of grant funding. 

21 (2) PENALTY.—If the Attorney General deter22 mines that a covered grantee has violated paragraph 

23 (1), the Attorney General shall— 

24 (A) require the covered grantee to repay the 

25 grant in full; and 
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1 (B) prohibit the covered grantee from receiv2 ing a grant under the covered grant program 

3 from which it received a grant award during at 

4 least the 5-year period beginning on the date of 

5 such violation. 

6 SEC. 504. FEDERAL REENTRY IMPROVEMENTS. 

7 (a) RESPONSIBLE REINTEGRATION OF OFFENDERS.— 

8 Section 212 of the Second Chance Act of 2007 (34 U.S.C. 

9 60532) is repealed. 

10 (b) FEDERAL PRISONER REENTRY INITIATIVE.—Sec11 tion 231 of the Second Chance Act of 2007 (434 U.S.C. 

12 60541) is amended— 

13 (1) in subsection (g)— 

14 (A) in paragraph (3), by striking ‘‘carried 

15 out during fiscal years 2009 and 2010’’ and in16 serting ‘‘carried out during fiscal years 2019 

17 through 2023’’; and 

18 (B) in paragraph (5)(A)(ii), by striking 

19 ‘‘the greater of 10 years or’’; 

20 (2) by striking subsection (h); 

21 (3) by redesignating subsection (i) as subsection 

22 (h); and 

23 (4) in subsection (h), as so redesignated, by 

24 striking ‘‘2009 and 2010’’ and inserting ‘‘2019 

25 through 2023’’. 
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1 (c) ENHANCING REPORTING REQUIREMENTS PER2 TAINING TO COMMUNITY CORRECTIONS.—Section 3624(c) of 

3 title 18, United States Code, is amended— 

4 (1) in paragraph (5), in the second sentence, by 

5 inserting ‘‘, and number of prisoners not being placed 

6 in community corrections facilities for each reason set 

7 forth’’ before ‘‘, and any other information’’; and 

8 (2) in paragraph (6), by striking ‘‘the Second 

9 Chance Act of 2007’’ and inserting ‘‘the Second 

10 Chance Reauthorization Act of 2018’’. 

11 (d) TERMINATION OF STUDY ON EFFECTIVENESS OF

12 DEPOT NALTREXONE FOR HEROIN ADDICTION.—Section 

13 244 of the Second Chance Act of 2007 (34 U.S.C. 60554) 

14 is repealed. 

15 (e) AUTHORIZATION OF APPROPRIATIONS FOR RE16 SEARCH.—Section 245 of the Second Chance Act of 2007 

17 (34 U.S.C. 60555) is amended— 

18 (1) by striking ‘‘243, and 244’’ and inserting 

19 ‘‘and 243’’; and 

20 (2) by striking ‘‘$10,000,000 for each of the fiscal 

21 years 2009 and 2010’’ and inserting ‘‘$5,000,000 for 

22 each of the fiscal years 2019, 2020, 2021, 2022, and 

23 2023’’. 

24 (f) FEDERAL PRISONER RECIDIVISM REDUCTION PRO25 GRAMMING ENHANCEMENT.— 
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1 (1) IN GENERAL.—Section 3621 of title 18, 

2 United States Code, as amended by section 102(a) of 

3 this Act, is amended— 

4 (A) by redesignating subsection (g) as sub5 section (i); and 

6 (B) by inserting after subsection (f) the fol7 lowing: 

8 ‘‘(g) PARTNERSHIPS TO EXPAND ACCESS TO REENTRY

9 PROGRAMS PROVEN TO REDUCE RECIDIVISM.— 

10 ‘‘(1) DEFINITION.—The term ‘demonstrated to 

11 reduce recidivism’ means that the Director of Bureau 

12 of Prisons has determined that appropriate research 

13 has been conducted and has validated the effectiveness 

14 of the type of program on recidivism. 

15 ‘‘(2) ELIGIBILITY FOR RECIDIVISM REDUCTION

16 PARTNERSHIP.—A faith-based or community-based 

17 nonprofit organization that provides mentoring or 

18 other programs that have been demonstrated to reduce 

19 recidivism is eligible to enter into a recidivism reduc20 tion partnership with a prison or community-based 

21 facility operated by the Bureau of Prisons. 

22 ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— 

23 The Director of the Bureau of Prisons shall develop 

24 policies to require wardens of prisons and commu25 nity-based facilities to enter into recidivism reduction 
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1 partnerships with faith-based and community-based 

2 nonprofit organizations that are willing to provide, 

3 on a volunteer basis, programs described in para4 graph (2). 

5 ‘‘(4) REPORTING REQUIREMENT.—The Director 

6 of the Bureau of Prisons shall submit to Congress an 

7 annual report on the last day of each fiscal year 

8 that— 

9 ‘‘(A) details, for each prison and commu10 nity-based facility for the fiscal year just 

11 ended— 

12 ‘‘(i) the number of recidivism reduction 

13 partnerships under this section that were in 

14 effect; 

15 ‘‘(ii) the number of volunteers that pro16 vided recidivism reduction programming; 

17 and 

18 ‘‘(iii) the number of recidivism reduc19 tion programming hours provided; and 

20 ‘‘(B) explains any disparities between fa21 cilities in the numbers reported under subpara22 graph (A).’’. 

23 (2) EFFECTIVE DATE.—The amendments made 

24 by paragraph (1) shall take effect 180 days after the 

25 date of enactment of this Act. 
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1 (g) REPEALS.— 

2 (1) Section 2978 of title I of the Omnibus Crime 

3 Control and Safe Streets Act of 1968 (34 U.S.C. 

4 10633) is repealed. 

5 (2) Part CC of title I of the Omnibus Crime 

6 Control and Safe Streets Act of 1968 (34 U.S.C. 

7 10581 et seq.) is repealed. 

8 SEC. 505. FEDERAL INTERAGENCY REENTRY COORDINA9 TION. 

10 (a) REENTRY COORDINATION.—The Attorney General, 

11 in consultation with the Secretary of Housing and Urban 

12 Development, the Secretary of Labor, the Secretary of Edu13 cation, the Secretary of Health and Human Services, the 

14 Secretary of Veterans Affairs, the Secretary of Agriculture, 

15 and the heads of such other agencies of the Federal Govern16 ment as the Attorney General considers appropriate, and 

17 in collaboration with interested persons, service providers, 

18 nonprofit organizations, and State, tribal, and local govern19 ments, shall coordinate on Federal programs, policies, and 

20 activities relating to the reentry of individuals returning 

21 from incarceration to the community, with an emphasis on 

22 evidence-based practices and protection against duplication 

23 of services. 

24 (b) REPORT.—Not later than 2 years after the date 

25 of the enactment of this Act, the Attorney General, in con-
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1 sultation with the Secretaries listed in subsection (a), shall 

2 submit to Congress a report summarizing the achievements 

3 under subsection (a), and including recommendations for 

4 Congress that would further reduce barriers to successful re5 entry. 

6 SEC. 506. CONFERENCE EXPENDITURES. 

7 (a) LIMITATION.—No amounts authorized to be appro8 priated to the Department of Justice under this title, or 

9 any amendments made by this title, may be used by the 

10 Attorney General, or by any individual or organization 

11 awarded discretionary funds under this title, or any 

12 amendments made by this title, to host or support any ex13 penditure for conferences that uses more than $20,000 in 

14 Department funds, unless the Deputy Attorney General or 

15 such Assistant Attorney Generals, Directors, or principal 

16 deputies as the Deputy Attorney General may designate, 

17 provides prior written authorization that the funds may be 

18 expended to host a conference. A conference that uses more 

19 than $20,000 in such funds, but less than an average of 

20 $500 in such funds for each attendee of the conference, shall 

21 not be subject to the limitations of this section. 

22 (b) WRITTEN APPROVAL.—Written approval under 

23 subsection (a) shall include a written estimate of all costs 

24 associated with the conference, including the cost of all food 
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1 and beverages, audiovisual equipment, honoraria for speak2 ers, and any entertainment. 

3 (c) REPORT.—The Deputy Attorney General shall sub4 mit an annual report to the Committee on the Judiciary 

5 of the Senate and the Committee on the Judiciary of the 

6 House of Representatives on all approved conference ex7 penditures referenced in this section. 

8 SEC. 507. EVALUATION OF THE SECOND CHANCE ACT PRO9 GRAM. 

10 (a) EVALUATION OF THE SECOND CHANCE ACT GRANT

11 PROGRAM.—Not later than 5 years after the date of enact12 ment of this Act, the National Institute of Justice shall 

13 evaluate the effectiveness of grants used by the Department 

14 of Justice to support offender reentry and recidivism reduc15 tion programs at the State, local, Tribal, and Federal levels. 

16 The National Institute of Justice shall evaluate the fol17 lowing: 

18 (1) The effectiveness of such programs in relation 

19 to their cost, including the extent to which the pro20 grams improve reentry outcomes, including employ21 ment, education, housing, reductions in recidivism, of 

22 participants in comparison to comparably situated 

23 individuals who did not participate in such programs 

24 and activities. 
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1 (2) The effectiveness of program structures and 

2 mechanisms for delivery of services. 

3 (3) The impact of such programs on the commu4 nities and participants involved. 

5 (4) The impact of such programs on related pro6 grams and activities. 

7 (5) The extent to which such programs meet the 

8 needs of various demographic groups. 

9 (6) The quality and effectiveness of technical as10 sistance provided by the Department of Justice to 

11 grantees for implementing such programs. 

12 (7) Such other factors as may be appropriate. 

13 (b) AUTHORIZATION OF FUNDS FOR EVALUATION.— 

14 Not more than 1 percent of any amounts authorized to be 

15 appropriated to carry out the Second Chance Act grant pro16 gram shall be made available to the National Institute of 

17 Justice each year to evaluate the processes, implementation, 

18 outcomes, costs, and effectiveness of the Second Chance Act 

19 grant program in improving reentry and reducing recidi20 vism. Such funding may be used to provide support to 

21 grantees for supplemental data collection, analysis, and co22 ordination associated with evaluation activities. 

23 (c) TECHNIQUES.—Evaluations conducted under this 

24 section shall use appropriate methodology and research de25 signs. Impact evaluations conducted under this section shall 
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1 include the use of intervention and control groups chosen 

2 by random assignment methods, to the extent possible. 

3 (d) METRICS AND OUTCOMES FOR EVALUATION.— 

4 (1) IN GENERAL.—Not later than 180 days after 

5 the date of enactment of this Act, the National Insti6 tute of Justice shall consult with relevant stakeholders 

7 and identify outcome measures, including employ8 ment, housing, education, and public safety, that are 

9 to be achieved by programs authorized under the Sec10 ond Chance Act grant program and the metrics by 

11 which the achievement of such outcomes shall be deter12 mined. 

13 (2) PUBLICATION.—Not later than 30 days after 

14 the date on which the National Institute of Justice 

15 identifies metrics and outcomes under paragraph (1), 

16 the Attorney General shall publish such metrics and 

17 outcomes identified. 

18 (e) DATA COLLECTION.—As a condition of award 

19 under the Second Chance Act grant program (including a 

20 subaward under section 3021(b) of title I of the Omnibus 

21 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 

22 10701(b))), grantees shall be required to collect and report 

23 to the Department of Justice data based upon the metrics 

24 identified under subsection (d). In accordance with applica25 ble law, collection of individual-level data under a pledge 
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1 of confidentiality shall be protected by the National Insti2 tute of Justice in accordance with such pledge. 

3 (f) DATA ACCESSIBILITY.—Not later than 5 years after 

4 the date of enactment of this Act, the National Institute of 

5 Justice shall— 

6 (1) make data collected during the course of eval7 uation under this section available in de-identified 

8 form in such a manner that reasonably protects a 

9 pledge of confidentiality to participants under sub10 section (e); and 

11 (2) make identifiable data collected during the 

12 course of evaluation under this section available to 

13 qualified researchers for future research and evalua14 tion, in accordance with applicable law. 

15 (g) PUBLICATION AND REPORTING OF EVALUATION

16 FINDINGS.—The National Institute of Justice shall— 

17 (1) not later than 365 days after the date on 

18 which the enrollment of participants in an impact 

19 evaluation is completed, publish an interim report on 

20 such evaluation; 

21 (2) not later than 90 days after the date on 

22 which any evaluation is completed, publish and make 

23 publicly available such evaluation; and 

24 (3) not later than 60 days after the completion 

25 date described in paragraph (2), submit a report to 
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1 the Committee on the Judiciary of the House of Rep2 resentatives and the Committee on the Judiciary of 

3 the Senate on such evaluation. 

4 (h) SECOND CHANCE ACT GRANT PROGRAM DE5 FINED.—In this section, the term ‘‘Second Chance Act grant 

6 program’’ means any grant program reauthorized under 

7 this title and the amendments made by this title. 

8 SEC. 508. GAO REVIEW. 

9 Not later than 3 years after the date of enactment of 

10 the First Step Act of 2018 the Comptroller General of the 

11 United States shall conduct a review of all of the grant 

12 awards made under this title and amendments made by this 

13 title that includes— 

14 (1) an evaluation of the effectiveness of the re15 entry programs funded by grant awards under this 

16 title and amendments made by this title at reducing 

17 recidivism, including a determination of which re18 entry programs were most effective; 

19 (2) recommendations on how to improve the ef20 fectiveness of reentry programs, including those for 

21 which prisoners may earn time credits under the 

22 First Step Act of 2018; and 

23 (3) an evaluation of the effectiveness of mental 

24 health services, drug treatment, medical care, job 

25 training and placement, educational services, and vo-
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1 cational services programs funded under this title and 

2 amendments made by this title. 

3 TITLE VI—MISCELLANEOUS 

4 CRIMINAL JUSTICE 

5 SEC. 601. PLACEMENT OF PRISONERS CLOSE TO FAMILIES. 

6 Section 3621(b) of title 18, United States Code, is 

7 amended— 

8 (1) by striking ‘‘shall designate the place of the 

9 prisoner’s imprisonment.’’ and inserting ‘‘shall des10 ignate the place of the prisoner’s imprisonment, and 

11 shall, subject to bed availability, the prisoner’s secu12 rity designation, the prisoner’s programmatic needs, 

13 the prisoner’s mental and medical health needs, any 

14 request made by the prisoner related to faith-based 

15 needs, recommendations of the sentencing court, and 

16 other security concerns of the Bureau of Prisons, place 

17 the prisoner in a facility as close as practicable to the 

18 prisoner’s primary residence, and to the extent prac19 ticable, in a facility within 500 driving miles of that 

20 residence. The Bureau shall, subject to consideration 

21 of the factors described in the preceding sentence and 

22 the prisoner’s preference for staying at his or her cur23 rent facility or being transferred, transfer prisoners to 

24 facilities that are closer to the prisoner’s primary res-
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1 idence even if the prisoner is already in a facility 

2 within 500 driving miles of that residence.’’; and 

3 (2) by adding at the end the following: ‘‘Notwith4 standing any other provision of law, a designation of 

5 a place of imprisonment under this subsection is not 

6 reviewable by any court.’’. 

7 SEC. 602. HOME CONFINEMENT FOR LOW-RISK PRISONERS. 

8 Section 3624(c)(2) of title 18, United States Code, is 

9 amended by adding at the end the following: ‘‘The Bureau 

10 of Prisons shall, to the extent practicable, place prisoners 

11 with lower risk levels and lower needs on home confinement 

12 for the maximum amount of time permitted under this 

13 paragraph.’’. 

14 SEC. 603. FEDERAL PRISONER REENTRY INITIATIVE REAU15 THORIZATION; MODIFICATION OF IMPOSED 

16 TERM OF IMPRISONMENT. 

17 (a) FEDERAL PRISONER REENTRY INITIATIVE REAU18 THORIZATION.—Section 231(g) of the Second Chance Act 

19 of 2007 (34 U.S.C. 60541(g)) is amended— 

20 (1) in paragraph (1)— 

21 (A) by inserting ‘‘and eligible terminally ill 

22 offenders’’ after ‘‘elderly offenders’’ each place the 

23 term appears; 
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1 (B) in subparagraph (A), by striking ‘‘a 

2 Bureau of Prisons facility’’ and inserting ‘‘Bu3 reau of Prisons facilities’’; 

4 (C) in subparagraph (B)— 

5 (i) by striking ‘‘the Bureau of Prisons 

6 facility’’ and inserting ‘‘Bureau of Prisons 

7 facilities’’; and 

8 (ii) by inserting ‘‘, upon written re9 quest from either the Bureau of Prisons or 

10 an eligible elderly offender or eligible termi11 nally ill offender’’ after ‘‘to home deten12 tion’’; and 

13 (D) in subparagraph (C), by striking ‘‘the 

14 Bureau of Prisons facility’’ and inserting ‘‘Bu15 reau of Prisons facilities’’; 

16 (2) in paragraph (2), by inserting ‘‘or eligible 

17 terminally ill offender’’ after ‘‘elderly offender’’; 

18 (3) in paragraph (3), as amended by section 

19 504(b)(1)(A) of this Act, by striking ‘‘at least one Bu20 reau of Prisons facility’’ and inserting ‘‘Bureau of 

21 Prisons facilities’’; and 

22 (4) in paragraph (4)— 

23 (A) by inserting ‘‘or eligible terminally ill 

24 offender’’ after ‘‘each eligible elderly offender’’; 

25 and 
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1 (B) by inserting ‘‘and eligible terminally ill 

2 offenders’’ after ‘‘eligible elderly offenders’’; and 

3 (5) in paragraph (5)— 

4 (A) in subparagraph (A)— 

5 (i) in clause (i), striking ‘‘65 years of 

6 age’’ and inserting ‘‘60 years of age’’; and 

7 (ii) in clause (ii), as amended by sec8 tion 504(b)(1)(B) of this Act, by striking 

‘‘75 percent’’ and inserting ‘‘2 9 ⁄3’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(D) ELIGIBLE TERMINALLY ILL OF12 FENDER.—The term ‘eligible terminally ill of13 fender’ means an offender in the custody of the 

14 Bureau of Prisons who— 

15 ‘‘(i) is serving a term of imprisonment 

16 based on conviction for an offense or offenses 

17 that do not include any crime of violence 

18 (as defined in section 16(a) of title 18, 

19 United States Code), sex offense (as defined 

20 in section 111(5) of the Sex Offender Reg21 istration and Notification Act (34 U.S.C. 

22 20911(5))), offense described in section 

23 2332b(g)(5)(B) of title 18, United States 

24 Code, or offense under chapter 37 of title 18, 

25 United States Code; 
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1 ‘‘(ii) satisfies the criteria specified in 

2 clauses (iii) through (vii) of subparagraph 

3 (A); and 

4 ‘‘(iii) has been determined by a med5 ical doctor approved by the Bureau of Pris6 ons to be— 

7 ‘‘(I) in need of care at a nursing 

8 home, intermediate care facility, or as9 sisted living facility, as those terms are 

10 defined in section 232 of the National 

11 Housing Act (12 U.S.C. 1715w); or 

12 ‘‘(II) diagnosed with a terminal 

13 illness.’’. 

14 (b) INCREASING THE USE AND TRANSPARENCY OF

15 COMPASSIONATE RELEASE.—Section 3582 of title 18, 

16 United States Code, is amended— 

17 (1) in subsection (c)(1)(A), in the matter pre18 ceding clause (i), by inserting after ‘‘Bureau of Pris19 ons,’’ the following: ‘‘or upon motion of the defendant 

20 after the defendant has fully exhausted all adminis21 trative rights to appeal a failure of the Bureau of 

22 Prisons to bring a motion on the defendant’s behalf 

23 or the lapse of 30 days from the receipt of such a re24 quest by the warden of the defendant’s facility, which25 ever is earlier,’’; 
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1 (2) by redesignating subsection (d) as subsection 

2 (e); and 

3 (3) by inserting after subsection (c) the fol4 lowing: 

5 ‘‘(d) NOTIFICATION REQUIREMENTS.— 

6 ‘‘(1) TERMINAL ILLNESS DEFINED.—In this sub7 section, the term ‘terminal illness’ means a disease or 

8 condition with an end-of-life trajectory. 

9 ‘‘(2) NOTIFICATION.—The Bureau of Prisons 

10 shall, subject to any applicable confidentiality re11 quirements— 

12 ‘‘(A) in the case of a defendant diagnosed 

13 with a terminal illness— 

14 ‘‘(i) not later than 72 hours after the 

15 diagnosis notify the defendant’s attorney, 

16 partner, and family members of the defend17 ant’s condition and inform the defendant’s 

18 attorney, partner, and family members that 

19 they may prepare and submit on the de20 fendant’s behalf a request for a sentence re21 duction pursuant to subsection (c)(1)(A); 

22 ‘‘(ii) not later than 7 days after the 

23 date of the diagnosis, provide the defend24 ant’s partner and family members (includ-
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1 ing extended family) with an opportunity 

2 to visit the defendant in person; 

3 ‘‘(iii) upon request from the defendant 

4 or his attorney, partner, or a family mem5 ber, ensure that Bureau of Prisons employ6 ees assist the defendant in the preparation, 

7 drafting, and submission of a request for a 

8 sentence reduction pursuant to subsection 

9 (c)(1)(A); and 

10 ‘‘(iv) not later than 14 days of receipt 

11 of a request for a sentence reduction sub12 mitted on the defendant’s behalf by the de13 fendant or the defendant’s attorney, part14 ner, or family member, process the request; 

15 ‘‘(B) in the case of a defendant who is phys16 ically or mentally unable to submit a request for 

17 a sentence reduction pursuant to subsection 

18 (c)(1)(A)— 

19 ‘‘(i) inform the defendant’s attorney, 

20 partner, and family members that they may 

21 prepare and submit on the defendant’s be22 half a request for a sentence reduction pur23 suant to subsection (c)(1)(A); 

24 ‘‘(ii) accept and process a request for 

25 sentence reduction that has been prepared 
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1 and submitted on the defendant’s behalf by 

2 the defendant’s attorney, partner, or family 

3 member under clause (i); and 

4 ‘‘(iii) upon request from the defendant 

5 or his attorney, partner, or family member, 

6 ensure that Bureau of Prisons employees as7 sist the defendant in the preparation, draft8 ing, and submission of a request for a sen9 tence reduction pursuant to subsection 

10 (c)(1)(A); and 

11 ‘‘(C) ensure that all Bureau of Prisons fa12 cilities regularly and visibly post, including in 

13 prisoner handbooks, staff training materials, and 

14 facility law libraries and medical and hospice 

15 facilities, and make available to prisoners upon 

16 demand, notice of— 

17 ‘‘(i) a defendant’s ability to request a 

18 sentence reduction pursuant to subsection 

19 (c)(1)(A); 

20 ‘‘(ii) the procedures and timelines for 

21 initiating and resolving requests described 

22 in clause (i); and 

23 ‘‘(iii) the right to appeal a denial of a 

24 request described in clause (i) after all ad-
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1 ministrative rights to appeal within the 

2 Bureau of Prisons have been exhausted. 

3 ‘‘(3) ANNUAL REPORT.—Not later than 1 year 

4 after the date of enactment of this subsection, and 

5 once every year thereafter, the Director of the Bureau 

6 of Prisons shall submit to the Committee on the Judi7 ciary of the Senate and the Committee on the Judici8 ary of the House of Representatives a report on re9 quests for sentence reductions pursuant to subsection 

10 (c)(1)(A), which shall include a description of, for the 

11 previous year— 

12 ‘‘(A) the number of prisoners granted and 

13 denied sentence reductions, categorized by the 

14 criteria relied on as the grounds for a reduction 

15 in sentence; 

16 ‘‘(B) the number of requests initiated by or 

17 on behalf of prisoners, categorized by the criteria 

18 relied on as the grounds for a reduction in sen19 tence; 

20 ‘‘(C) the number of requests that Bureau of 

21 Prisons employees assisted prisoners in drafting, 

22 preparing, or submitting, categorized by the cri23 teria relied on as the grounds for a reduction in 

24 sentence, and the final decision made in each re25 quest; 
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1 ‘‘(D) the number of requests that attorneys, 

2 partners, or family members submitted on a de3 fendant’s behalf, categorized by the criteria relied 

4 on as the grounds for a reduction in sentence, 

5 and the final decision made in each request; 

6 ‘‘(E) the number of requests approved by the 

7 Director of the Bureau of Prisons, categorized by 

8 the criteria relied on as the grounds for a reduc9 tion in sentence; 

10 ‘‘(F) the number of requests denied by the 

11 Director of the Bureau of Prisons and the rea12 sons given for each denial, categorized by the cri13 teria relied on as the grounds for a reduction in 

14 sentence; 

15 ‘‘(G) for each request, the time elapsed be16 tween the date the request was received by the 

17 warden and the final decision, categorized by the 

18 criteria relied on as the grounds for a reduction 

19 in sentence; 

20 ‘‘(H) for each request, the number of pris21 oners who died while their request was pending 

22 and, for each, the amount of time that had 

23 elapsed between the date the request was received 

24 by the Bureau of Prisons, categorized by the cri-
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1 teria relied on as the grounds for a reduction in 

2 sentence; 

3 ‘‘(I) the number of Bureau of Prisons notifi4 cations to attorneys, partners, and family mem5 bers of their right to visit a terminally ill de6 fendant as required under paragraph (2)(A)(ii) 

7 and, for each, whether a visit occurred and how 

8 much time elapsed between the notification and 

9 the visit; 

10 ‘‘(J) the number of visits to terminally ill 

11 prisoners that were denied by the Bureau of 

12 Prisons due to security or other concerns, and 

13 the reasons given for each denial; and 

14 ‘‘(K) the number of motions filed by defend15 ants with the court after all administrative 

16 rights to appeal a denial of a sentence reduction 

17 had been exhausted, the outcome of each motion, 

18 and the time that had elapsed between the date 

19 the request was first received by the Bureau of 

20 Prisons and the date the defendant filed the mo21 tion with the court.’’. 

22 SEC. 604. IDENTIFICATION FOR RETURNING CITIZENS. 

23 (a) IDENTIFICATION AND RELEASE ASSISTANCE FOR

24 FEDERAL PRISONERS.—Section 231(b) of the Second 

25 Chance Act of 2007 (34 U.S.C. 60541(b)) is amended— 
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1 (1) in paragraph (1)— 

2 (A) by striking ‘‘(including’’ and inserting 

3 ‘‘prior to release from a term of imprisonment in 

4 a Federal prison or if the individual was not 

5 sentenced to a term of imprisonment in a Fed6 eral prison, prior to release from a sentence to 

7 a term in community confinement, including’’; 

8 and 

9 (B) by striking ‘‘or birth certificate) prior 

10 to release’’ and inserting ‘‘and a birth certifi11 cate’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(4) DEFINITION.—In this subsection, the term 

14 ‘community confinement’ means residence in a com15 munity treatment center, halfway house, restitution 

16 center, mental health facility, alcohol or drug reha17 bilitation center, or other community facility.’’. 

18 (b) DUTIES OF THE BUREAU OF PRISONS.—Section 

19 4042(a) of title 18, United States Code, is amended— 

20 (1) by redesignating paragraphs (D) and (E) as 

21 paragraphs (6) and (7), respectively; 

22 (2) in paragraph (6) (as so redesignated)— 

23 (A) in clause (i)— 

24 (i) by striking ‘‘Social Security 

25 Cards,’’; and 
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1 (ii) by striking ‘‘and’’ at the end; 

2 (B) by redesignating clause (ii) as clause 

3 (iii); 

4 (C) by inserting after clause (i) the fol5 lowing: 

6 ‘‘(ii) obtain identification, including a 

7 social security card, driver’s license or other 

8 official photo identification, and a birth 

9 certificate; and’’; 

10 (D) in clause (iii) (as so redesignated), by 

11 inserting after ‘‘prior to release’’ the following: 

12 ‘‘from a sentence to a term of imprisonment in 

13 a Federal prison or if the individual was not 

14 sentenced to a term of imprisonment in a Fed15 eral prison, prior to release from a sentence to 

16 a term of community confinement’’; and 

17 (E) by redesignating clauses (i), (ii), and 

18 (iii) (as so amended) as subparagraphs (A), (B), 

19 and (C), respectively, and adjusting the margins 

20 accordingly; and 

21 (3) in paragraph (7) (as so redesignated), by re22 designating clauses (i) through (vii) as subparagraphs 

23 (A) through (G), respectively, and adjusting the mar24 gins accordingly. 
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1 SEC. 605. EXPANDING INMATE EMPLOYMENT THROUGH 

2 FEDERAL PRISON INDUSTRIES. 

3 (a) NEW MARKET AUTHORIZATIONS.—Chapter 307 of 

4 title 18, United States Code, is amended by inserting after 

5 section 4129 the following: 

6 ‘‘§ 4130. Additional markets 

7 ‘‘(a) IN GENERAL.—Except as provided in subsection 

8 (b), notwithstanding any other provision of law, Federal 

9 Prison Industries may sell products to— 

10 ‘‘(1) public entities for use in penal or correc11 tional institutions; 

12 ‘‘(2) public entities for use in disaster relief or 

13 emergency response; 

14 ‘‘(3) the government of the District of Columbia; 

15 and 

16 ‘‘(4) any organization described in subsection 

17 (c)(3), (c)(4), or (d) of section 501 of the Internal 

18 Revenue Code of 1986 that is exempt from taxation 

19 under section 501(a) of such Code. 

20 ‘‘(b) OFFICE FURNITURE.—Federal Prison Industries 

21 may not sell office furniture to the organizations described 

22 in subsection (a)(4). 

23 ‘‘(c) DEFINITIONS.—In this section: 

24 ‘‘(1) The term ‘office furniture’ means any prod25 uct or service offering intended to meet the furnishing 
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1 needs of the workplace, including office, healthcare, 

2 educational, and hospitality environments. 

3 ‘‘(2) The term ‘public entity’ means a State, a 

4 subdivision of a State, an Indian tribe, and an agen5 cy or governmental corporation or business of any of 

6 the foregoing. 

7 ‘‘(3) The term ‘State’ means a State, the District 

8 of Columbia, the Commonwealth of Puerto Rico, 

9 Guam, American Samoa, the Northern Mariana Is10 lands, and the United States Virgin Islands.’’. 

11 (b) TECHNICAL AMENDMENT.—The table of sections for 

12 chapter 307 of title 18, United States Code, is amended by 

13 inserting after the item relating to section 4129 the fol14 lowing: 

‘‘4130. Additional markets.’’. 

15 (c) DEFERRED COMPENSATION.—Section 4126(c)(4) of 

16 title 18, United States Code, is amended by inserting after 

17 ‘‘operations,’’ the following: ‘‘not less than 15 percent of 

18 such compensation for any inmate shall be reserved in the 

19 fund or a separate account and made available to assist 

20 the inmate with costs associated with release from prison,’’. 

21 (d) GAO REPORT.—Beginning not later than 90 days 

22 after the date of enactment of this Act, the Comptroller Gen23 eral of the United States shall conduct an audit of Federal 

24 Prison Industries that includes the following: 
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1 (1) An evaluation of Federal Prison Industries’s 

2 effectiveness in reducing recidivism compared to other 

3 rehabilitative programs in the prison system. 

4 (2) An evaluation of the scope and size of the ad5 ditional markets made available to Federal Prison 

6 Industries under this section and the total market 

7 value that would be opened up to Federal Prison In8 dustries for competition with private sector providers 

9 of products and services. 

10 (3) An evaluation of whether the following fac11 tors create an unfair competitive environment be12 tween Federal Prison Industries and private sector 

13 providers of products and services which would be ex14 acerbated by further expansion: 

15 (A) Federal Prison Industries’s status as a 

16 mandatory source of supply for Federal agencies 

17 and the requirement that the buying agency 

18 must obtain a waiver in order to make a com19 petitive purchase from the private sector if the 

20 item to be acquired is listed on the schedule of 

21 products and services published by Federal Pris22 on Industries. 

23 (B) Federal Prison Industries’s ability to 

24 determine that the price to be paid by Federal 

25 Agencies is fair and reasonable, rather than such 
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1 a determination being made by the buying agen2 cy. 

3 (C) An examination of the extent to which 

4 Federal Prison Industries is bound by the re5 quirements of the generally applicable Federal 

6 Acquisition Regulation pertaining to the con7 formity of the delivered product with the speci8 fied design and performance specifications and 

9 adherence to the delivery schedule required by the 

10 Federal agency, based on the transactions being 

11 categorized as interagency transfers. 

12 (D) An examination of the extent to which 

13 Federal Prison Industries avoids transactions 

14 that are little more than pass through trans15 actions where the work provided by inmates does 

16 not create meaningful value or meaningful work 

17 opportunities for inmates. 

18 (E) The extent to which Federal Prison In19 dustries must comply with the same worker pro20 tection, workplace safety and similar regulations 

21 applicable to, and enforceable against, Federal 

22 contractors. 

23 (F) The wages Federal Prison Industries 

24 pays to inmates, taking into account inmate 

25 productivity and other factors such as security 
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1 concerns associated with having a facility in a 

2 prison. 

3 (G) The effect of any additional cost advan4 tages Federal Prison Industries has over private 

5 sector providers of goods and services, includ6 ing— 

7 (i) the costs absorbed by the Bureau of 

8 Prisons such as inmate medical care and 

9 infrastructure expenses including real estate 

10 and utilities; and 

11 (ii) its exemption from Federal and 

12 State income taxes and property taxes. 

13 (4) An evaluation of the extent to which the cus14 tomers of Federal Prison Industries are satisfied with 

15 quality, price, and timely delivery of the products 

16 and services provided it provides, including sum17 maries of other independent assessments such as re18 ports of agency inspectors general, if applicable. 

19 SEC. 606. DE-ESCALATION TRAINING. 

20 Beginning not later than 1 year after the date of enact21 ment of this Act, the Director of the Bureau of Prisons shall 

22 incorporate into training programs provided to officers and 

23 employees of the Bureau of Prisons (including officers and 

24 employees of an organization with which the Bureau of 

25 Prisons has a contract to provide services relating to im-
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1 prisonment) specialized and comprehensive training in pro2 cedures to— 

3 (1) de-escalate encounters between a law enforce4 ment officer or an officer or employee of the Bureau 

5 of Prisons, and a civilian or a prisoner (as such term 

6 is defined in section 3635 of title 18, United States 

7 Code, as added by section 101(a) of this Act); and 

8 (2) identify and appropriately respond to inci9 dents that involve the unique needs of individuals who 

10 have a mental illness or cognitive deficit. 

11 SEC. 607. EVIDENCE-BASED TREATMENT FOR OPIOID AND 

12 HEROIN ABUSE. 

13 (a) REPORT ON EVIDENCE-BASED TREATMENT FOR

14 OPIOID AND HEROIN ABUSE.—Not later than 90 days after 

15 the date of enactment of this Act, the Director of the Bureau 

16 of Prisons shall submit to the Committees on the Judiciary 

17 and the Committees on Appropriations of the Senate and 

18 of the House of Representatives a report assessing the avail19 ability of and the capacity of the Bureau of Prisons to treat 

20 heroin and opioid abuse through evidence-based programs, 

21 including medication-assisted treatment where appropriate. 

22 In preparing the report, the Director shall consider medica23 tion-assisted treatment as a strategy to assist in treatment 

24 where appropriate and not as a replacement for holistic and 

25 other drug-free approaches. The report shall include a de-
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1 scription of plans to expand access to evidence-based treat2 ment for heroin and opioid abuse for prisoners, including 

3 access to medication-assisted treatment in appropriate 

4 cases. Following submission, the Director shall take steps 

5 to implement these plans. 

6 (b) REPORT ON THE AVAILABILITY OF MEDICATION7 ASSISTED TREATMENT FOR OPIOID AND HEROIN ABUSE, 

8 AND IMPLEMENTATION THEREOF.—Not later than 120 days 

9 after the date of enactment of this Act, the Director of the 

10 Administrative Office of the United States Courts shall sub11 mit to the Committees on the Judiciary and the Committees 

12 on Appropriations of the Senate and of the House of Rep13 resentatives a report assessing the availability of and ca14 pacity for the provision of medication-assisted treatment for 

15 opioid and heroin abuse by treatment service providers serv16 ing prisoners who are serving a term of supervised release, 

17 and including a description of plans to expand access to 

18 medication-assisted treatment for heroin and opioid abuse 

19 whenever appropriate among prisoners under supervised re20 lease. Following submission, the Director will take steps to 

21 implement these plans. 

22 SEC. 608. PILOT PROGRAMS. 

23 (a) IN GENERAL.—The Bureau of Prisons shall estab24 lish each of the following pilot programs for 5 years, in 

25 at least 20 facilities: 
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1 (1) MENTORSHIP FOR YOUTH.—A program to 

2 pair youth with volunteers from faith-based or com3 munity organizations, which may include formerly 

4 incarcerated offenders, that have relevant experience 

5 or expertise in mentoring, and a willingness to serve 

6 as a mentor in such a capacity. 

7 (2) SERVICE TO ABANDONED, RESCUED, OR OTH8 ERWISE VULNERABLE ANIMALS.—A program to equip 

9 prisoners with the skills to provide training and ther10 apy to animals seized by Federal law enforcement 

11 under asset forfeiture authority and to organizations 

12 that provide shelter and similar services to aban13 doned, rescued, or otherwise vulnerable animals. 

14 (b) REPORTING REQUIREMENT.—Not later than 1 year 

15 after the conclusion of the pilot programs, the Attorney Gen16 eral shall report to Congress on the results of the pilot pro17 grams under this section. Such report shall include cost sav18 ings, numbers of participants, and information about re19 cidivism rates among participants. 

20 (c) DEFINITION.—In this title, the term ‘‘youth’’ 

21 means a prisoner (as such term is defined in section 3635 

22 of title 18, United States Code, as added by section 101(a) 

23 of this Act) who was 21 years of age or younger at the time 

24 of the commission or alleged commission of the criminal 
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1 offense for which the individual is being prosecuted or serv2 ing a term of imprisonment, as the case may be. 

3 SEC. 609. ENSURING SUPERVISION OF RELEASED SEXU4 ALLY DANGEROUS PERSONS. 

5 (a) PROBATION OFFICERS.—Section 3603 of title 18, 

6 United States Code, is amended in paragraph (8)(A) by 

7 striking ‘‘or 4246’’ and inserting ‘‘, 4246, or 4248’’. 

8 (b) PRETRIAL SERVICES OFFICERS.—Section 3154 of 

9 title 18, United States Code, is amended in paragraph 

10 (12)(A) by striking ‘‘or 4246’’ and inserting ‘‘, 4246, or 

11 4248’’. 

12 SEC. 610. DATA COLLECTION. 

13 (a) NATIONAL PRISONER STATISTICS PROGRAM.—Be14 ginning not later than 1 year after the date of enactment 

15 of this Act, and annually thereafter, pursuant to the author16 ity under section 302 of the Omnibus Crime Control and 

17 Safe Streets Act of 1968 (42 U.S.C. 3732), the Director of 

18 the Bureau of Justice Statistics, with information that shall 

19 be provided by the Director of the Bureau of Prisons, shall 

20 include in the National Prisoner Statistics Program the fol21 lowing: 

22 (1) The number of prisoners (as such term is de23 fined in section 3635 of title 18, United States Code, 

24 as added by section 101(a) of this Act) who are vet25 erans of the Armed Forces of the United States. 
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1 (2) The number of prisoners who have been 

2 placed in solitary confinement at any time during the 

3 previous year. 

4 (3) The number of female prisoners known by the 

5 Bureau of Prisons to be pregnant, as well as the out6 comes of such pregnancies, including information on 

7 pregnancies that result in live birth, stillbirth, mis8 carriage, abortion, ectopic pregnancy, maternal death, 

9 neonatal death, and preterm birth. 

10 (4) The number of prisoners who volunteered to 

11 participate in a substance abuse treatment program, 

12 and the number of prisoners who have participated in 

13 such a program. 

14 (5) The number of prisoners provided medica15 tion-assisted treatment with medication approved by 

16 the Food and Drug Administration while in custody 

17 in order to treat substance use disorder. 

18 (6) The number of prisoners who were receiving 

19 medication-assisted treatment with medication ap20 proved by the Food and Drug Administration prior 

21 to the commencement of their term of imprisonment. 

22 (7) The number of prisoners who are the parent 

23 or guardian of a minor child. 

24 (8) The number of prisoners who are single, 

25 married, or otherwise in a committed relationship. 
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1 (9) The number of prisoners who have not 

2 achieved a GED, high school diploma, or equivalent 

3 prior to entering prison. 

4 (10) The number of prisoners who, during the 

5 previous year, received their GED or other equivalent 

6 certificate while incarcerated. 

7 (11) The numbers of prisoners for whom English 

8 is a second language. 

9 (12) The number of incidents, during the pre10 vious year, in which restraints were used on a female 

11 prisoner during pregnancy, labor, or postpartum re12 covery, as well as information relating to the type of 

13 restraints used, and the circumstances under which 

14 each incident occurred. 

15 (13) The vacancy rate for medical and 

16 healthcare staff positions, and average length of such 

17 a vacancy. 

18 (14) The number of facilities that operated, at 

19 any time during the previous year, without at least 

20 1 clinical nurse, certified paramedic, or licensed phy21 sician on site. 

22 (15) The number of facilities that during the 

23 previous year were accredited by the American Cor24 rectional Association. 
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1 (16) The number and type of recidivism reduc2 tion partnerships described in section 3621(h)(5) of 

3 title 18, United States Code, as added by section 

4 102(a) of this Act, entered into by each facility. 

5 (17) The number of facilities with remote learn6 ing capabilities. 

7 (18) The number of facilities that offer prisoners 

8 video conferencing. 

9 (19) Any changes in costs related to legal phone 

10 calls and visits following implementation of section 

11 3632(d)(1) of title 18, United States Code, as added 

12 by section 101(a) of this Act. 

13 (20) The number of aliens in prison during the 

14 previous year. 

15 (21) For each Bureau of Prisons facility, the 

16 total number of violations that resulted in reductions 

17 in rewards, incentives, or time credits, the number of 

18 such violations for each category of violation, and the 

19 demographic breakdown of the prisoners who have re20 ceived such reductions. 

21 (22) The number of assaults on Bureau of Pris22 ons staff by prisoners and the number of criminal 

23 prosecutions of prisoners for assaulting Bureau of 

24 Prisons staff. 
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1 (23) The capacity of each recidivism reduction 

2 program and productive activity to accommodate eli3 gible inmates at each Bureau of Prisons facility. 

4 (24) The number of volunteers who were certified 

5 to volunteer in a Bureau of Prisons facility, broken 

6 down by level (level I and level II), and by each Bu7 reau of Prisons facility. 

8 (25) The number of prisoners enrolled in recidi9 vism reduction programs and productive activities at 

10 each Bureau of Prisons facility, broken down by risk 

11 level and by program, and the number of those en12 rolled prisoners who successfully completed each pro13 gram. 

14 (26) The breakdown of prisoners classified at 

15 each risk level by demographic characteristics, includ16 ing age, sex, race, and the length of the sentence im17 posed. 

18 (b) REPORT TO JUDICIARY COMMITTEES.—Beginning 

19 not later than 1 year after the date of enactment of this 

20 Act, and annually thereafter for a period of 7 years, the 

21 Director of the Bureau of Justice Statistics shall submit a 

22 report containing the information described in paragraphs 

23 (1) through (26) of subsection (a) to the Committee on the 

24 Judiciary of the Senate and the Committee on the Judici25 ary of the House of Representatives. 
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1 SEC. 611. HEALTHCARE PRODUCTS. 

2 (a) AVAILABILITY.—The Director of the Bureau of 

3 Prisons shall make the healthcare products described in sub4 section (c) available to prisoners for free, in a quantity that 

5 is appropriate to the healthcare needs of each prisoner. 

6 (b) QUALITY PRODUCTS.—The Director shall ensure 

7 that the healthcare products provided under this section 

8 conform with applicable industry standards. 

9 (c) PRODUCTS.—The healthcare products described in 

10 this subsection are tampons and sanitary napkins. 

11 SEC. 612. ADULT AND JUVENILE COLLABORATION PRO12 GRAMS. 

13 Section 2991 of title I of the Omnibus Crime Control 

14 and Safe Streets Act of 1968 (34 U.S.C. 10651) is amend15 ed— 

16 (1) in subsection (b)(4)— 

17 (A) by striking subparagraph (D); and 

18 (B) by redesignating subparagraph (E) as 

19 subparagraph (D); 

20 (2) in subsection (e), by striking ‘‘may use up to 

21 3 percent’’ and inserting ‘‘shall use not less than 6 

22 percent’’; and 

23 (3) by amending subsection (g) to read as fol24 lows: 

25 ‘‘(g) COLLABORATION SET-ASIDE.—The Attorney Gen26 eral shall use not less than 8 percent of funds appropriated 
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1 to provide technical assistance to State and local govern2 ments receiving grants under this part to foster collabora3 tion between such governments in furtherance of the pur4 poses set forth in section 3 of the Mentally Ill Offender 

5 Treatment and Crime Reduction Act of 2004 (34 U.S.C. 

6 10651 note).’’. 

7 SEC. 613. JUVENILE SOLITARY CONFINEMENT. 

8 (a) IN GENERAL.—Chapter 403 of title 18, United 

9 States Code, is amended by adding at the end the following: 

10 ‘‘§ 5043. Juvenile solitary confinement 

11 ‘‘(a) DEFINITIONS.—In this section— 

12 ‘‘(1) the term ‘covered juvenile’ means— 

13 ‘‘(A) a juvenile who— 

14 ‘‘(i) is being proceeded against under 

15 this chapter for an alleged act of juvenile 

16 delinquency; or 

17 ‘‘(ii) has been adjudicated delinquent 

18 under this chapter; or 

19 ‘‘(B) a juvenile who is being proceeded 

20 against as an adult in a district court of the 

21 United States for an alleged criminal offense; 

22 ‘‘(2) the term ‘juvenile facility’ means any facil23 ity where covered juveniles are— 

24 ‘‘(A) committed pursuant to an adjudica25 tion of delinquency under this chapter; or 
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1 ‘‘(B) detained prior to disposition or con2 viction; and 

3 ‘‘(3) the term ‘room confinement’ means the in4 voluntary placement of a covered juvenile alone in a 

5 cell, room, or other area for any reason. 

6 ‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JUVE7 NILE FACILITIES.— 

8 ‘‘(1) IN GENERAL.—The use of room confinement 

9 at a juvenile facility for discipline, punishment, retal10 iation, or any reason other than as a temporary re11 sponse to a covered juvenile’s behavior that poses a se12 rious and immediate risk of physical harm to any in13 dividual, including the covered juvenile, is prohibited. 

14 ‘‘(2) JUVENILES POSING RISK OF HARM.— 

15 ‘‘(A) REQUIREMENT TO USE LEAST RE16 STRICTIVE TECHNIQUES.— 

17 ‘‘(i) IN GENERAL.—Before a staff mem18 ber of a juvenile facility places a covered ju19 venile in room confinement, the staff mem20 ber shall attempt to use less restrictive tech21 niques, including— 

22 ‘‘(I) talking with the covered juve23 nile in an attempt to de-escalate the 

24 situation; and 
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1 ‘‘(II) permitting a qualified men2 tal health professional to talk to the 

3 covered juvenile. 

4 ‘‘(ii) EXPLANATION.—If, after attempt5 ing to use less restrictive techniques as re6 quired under clause (i), a staff member of 

7 a juvenile facility decides to place a covered 

8 juvenile in room confinement, the staff 

9 member shall first— 

10 ‘‘(I) explain to the covered juve11 nile the reasons for the room confine12 ment; and 

13 ‘‘(II) inform the covered juvenile 

14 that release from room confinement 

15 will occur— 

16 ‘‘(aa) immediately when the 

17 covered juvenile regains self-con18 trol, as described in subparagraph 

19 (B)(i); or 

20 ‘‘(bb) not later than after the 

21 expiration of the time period de22 scribed in subclause (I) or (II) of 

23 subparagraph (B)(ii), as applica24 ble. 
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1 ‘‘(B) MAXIMUM PERIOD OF CONFINE2 MENT.—If a covered juvenile is placed in room 

3 confinement because the covered juvenile poses a 

4 serious and immediate risk of physical harm to 

5 himself or herself, or to others, the covered juve6 nile shall be released— 

7 ‘‘(i) immediately when the covered ju8 venile has sufficiently gained control so as 

9 to no longer engage in behavior that threat10 ens serious and immediate risk of physical 

11 harm to himself or herself, or to others; or 

12 ‘‘(ii) if a covered juvenile does not suf13 ficiently gain control as described in clause 

14 (i), not later than— 

15 ‘‘(I) 3 hours after being placed in 

16 room confinement, in the case of a cov17 ered juvenile who poses a serious and 

18 immediate risk of physical harm to 

19 others; or 

20 ‘‘(II) 30 minutes after being 

21 placed in room confinement, in the 

22 case of a covered juvenile who poses a 

23 serious and immediate risk of physical 

24 harm only to himself or herself. 
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1 ‘‘(C) RISK OF HARM AFTER MAXIMUM PE2 RIOD OF CONFINEMENT.—If, after the applicable 

3 maximum period of confinement under subclause 

4 (I) or (II) of subparagraph (B)(ii) has expired, 

5 a covered juvenile continues to pose a serious 

6 and immediate risk of physical harm described 

7 in that subclause— 

8 ‘‘(i) the covered juvenile shall be trans9 ferred to another juvenile facility or inter10 nal location where services can be provided 

11 to the covered juvenile without relying on 

12 room confinement; or 

13 ‘‘(ii) if a qualified mental health pro14 fessional believes the level of crisis service 

15 needed is not currently available, a staff 

16 member of the juvenile facility shall initiate 

17 a referral to a location that can meet the 

18 needs of the covered juvenile. 

19 ‘‘(D) SPIRIT AND PURPOSE.—The use of 

20 consecutive periods of room confinement to evade 

21 the spirit and purpose of this subsection shall be 

22 prohibited.’’. 
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1 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

2 table of sections for chapter 403 of title 18, United States 

3 Code, is amended by adding at the end the following: 

‘‘5043. Juvenile solitary confinement.’’. 

Attest: 

Secretary. 
115TH CONGRESS 

2D SESSION S. 756 

SENATE AMENDMENT TO 

HOUSE AMENDMENT