I 

111TH CONGRESS 

1ST SESSION H. R. 4328 

To amend title 18, United States Code, to award credit toward the service 

of a sentence to prisoners who participate in designated educational, 

vocational, treatment, assigned work, or other developmental programs, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2009 

Mr. SCOTT of Virginia (for himself, Mr. CONYERS, and Mr. LEWIS of Georgia) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To amend title 18, United States Code, to award credit 

toward the service of a sentence to prisoners who participate in designated educational, vocational, treatment, assigned work, or other developmental programs, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Literacy, Education, 

5 and Rehabilitation Act’’. 


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1 SEC. 2. CREDIT FOR PARTICIPATION IN EDUCATIONAL, VO2 CATIONAL, TREATMENT, ASSIGNED WORK, OR 

3 OTHER DEVELOPMENTAL PROGRAMS. 

4 (a) IN GENERAL.—Section 3624 of title 18, United 

5 States Code, is amended— 

6 (1) in subsection (a), by striking ‘‘as provided 

7 in subsection (b)’’; 

8 (2) by redesignating subsections (c), (d), (e), 

9 and (f), as subsections (d), (e), (f), and (g); and 

10 (3) by inserting after subsection (b) the fol11 lowing new subsection: 

12 ‘‘(c) CREDIT TOWARD SERVICE OF SENTENCE FOR

13 SATISFACTORY PARTICIPATION IN A DESIGNATED PRO14 GRAM.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

16 and (3), a prisoner serving a term of imprisonment 

17 of more than 1 year may receive credit toward the 

18 service of the prisoner’s sentence, in addition to any 

19 other credit received, beyond the time already 

20 served, of up to 60 days at the end of each year of 

21 the court-imposed sentence, beginning at the end of 

22 the first year of such sentence. Credit for the last 

23 year or portion of a year of the term of imprison24 ment shall be prorated and credited within the last 

25 6 weeks of the sentence. 


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1 ‘‘(2) SATISFACTORY PARTICIPATION IN DES2 IGNATED PROGRAM.—A prisoner shall be awarded 

3 credit under paragraph (1) if the Director of the 

4 Bureau of Prisons determines that the prisoner has 

5 earned, or is making satisfactory progress toward 

6 earning, a certificate of completion in a designated 

7 program, has satisfactorily participated in a des8 ignated program, or has taught or conducted a des9 ignated program. 

10 ‘‘(3) NUMBER OF DAYS OF CREDIT AWARD11 ED.— 

12 ‘‘(A) IN GENERAL.—The Director of the 

13 Bureau of Prisons shall determine and establish 

14 a policy setting forth the rate of the number of 

15 days of credit which a prisoner may be awarded 

16 under this subsection with respect to any des17 ignated program. 

18 ‘‘(B) SPECIFIC CONSIDERATIONS.—In de19 termining the number of days of credit a pris20 oner may be awarded with respect to a des21 ignated program, the Director of the Bureau of 

22 Prisons shall consider— 

23 ‘‘(i) the level of difficulty of the pro24 gram; 


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1 ‘‘(ii) the time required by the pro2 gram; 

3 ‘‘(iii) the level of responsibility ex4 pected of the prisoner with respect to the 

5 program; 

6 ‘‘(iv) the rehabilitative benefits the 

7 program provides the prisoner; and 

8 ‘‘(v) the benefits the program provides 

9 the Bureau of Prisons. 

10 ‘‘(C) AVAILABILITY TO PRISONERS.—The 

11 Director of the Bureau of Prisons shall make 

12 the policy applicable to credit awarded under 

13 this subsection available for each prisoner to re14 view prior to that prisoner’s participation in 

15 any designated program. 

16 ‘‘(4) ELIGIBILITY.—Any person sentenced to a 

17 term of imprisonment under custody of the Attorney 

18 General, whether sentenced or convicted prior to or 

19 after November 1, 1987, shall be eligible for the 

20 credits described in this subsection. 

21 ‘‘(5) DESIGNATED PROGRAM.—The term ‘des22 ignated program’ means a program which has been 

23 designated by the Director of the Bureau of Prisons 

24 as a program which benefits either prisoners or the 

25 Bureau of Prisons, including— 


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1 ‘‘(A) educational and vocational programs, 

2 such as courses and programs through which a 

3 prisoner may earn a high school diploma or an 

4 equivalent degree or certification through an ac5 credited vocational training program, college, or 

6 university; 

7 ‘‘(B) treatment programs, such as inter8 ventional rehabilitation programs, including 

9 mental health and drug abuse programs; and 

10 ‘‘(C) assigned work and developmental pro11 grams.’’. 

12 (b) PRISONERS TRANSFERRED FROM FOREIGN

13 COUNTRIES TO THE CUSTODY OF THE ATTORNEY GEN14 ERAL.— 

15 (1) IN GENERAL.—The second sentence of sec16 tion 4105(c)(1) of title 18, United States Code, is 

17 amended by inserting ‘‘and for participation in des18 ignated programs under section 3624(c)’’ after ‘‘sat19 isfactory behavior’’. 

20 (2) CONFORMING AMENDMENTS.—Section 

21 4105(c) of title 18, United States Code, is amend22 ed— 

23 (A) by striking ‘‘at the rate provided in 

24 section 3624(b)’’ each place it appears and inVerDate Nov 24 2008 07:43 Dec 18, 2009 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4328.IH H4328

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1 serting ‘‘at the rates provided in sections 

2 3624(b) and (c)’’; and 

3 (B) in paragraph (3), by striking ‘‘section 

4 3624(b)’’ and inserting ‘‘sections 3624(b) and 

5 (c)’’. 

6 (c) CONFORMING AMENDMENTS.— 

7 (1) TITLE 18.—Section 3603(6) of title 18, 

8 United States Code, is amended by striking 

9 ‘‘3624(c)’’ and inserting ‘‘3624(d)’’. 

10 (2) TITLE 28.—Section 994(a)(2)(F) of title 28, 

11 United States Code, is amended by striking 

12 ‘‘3624(c)’’ and inserting ‘‘3624(d)’’. 

13 SEC. 3. GOOD TIME CREDIT. 

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

15 United States Code, is amended by striking ‘‘, beyond the 

16 time served, of up to 54 days at the end of each year of 

17 the prisoner’s term of imprisonment, beginning at the end 

18 of the first year of the term,’’ and inserting ‘‘of up to 54 

19 days for each year of the prisoner’s sentence imposed by 

20 the court,’’. 

21 (b) RESTORATION OF CREDIT.—Section 3624(b)(1) 

22 is amended by striking the sentence beginning ‘‘Credit 

23 that has not been earned’’ and inserting ‘‘The Bureau may 

24 subsequently restore any or all credit previously denied, 


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1 based on the prisoner’s maintaining good behavior as de2 termined by the Bureau.’’. 

3 (c) APPLICABILITY.—The amendments made by this 

4 section apply with respect to each prison sentence that has 

5 not been completed before the effective date of this Act, 

6 except any sentence imposed before November 1, 1987. 

7 SEC. 4. EFFECTIVE DATE. 

8 This Act and the amendments made by this Act shall 

9 take effect upon the expiration of the 90-day period begin10 ning on the date of the enactment of this Act. 

Æ 


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