135 
(25) providing additional funding to Federal, 
State, and local government agencies to provide com-
petent and effective counsel for persons financially 
unable to obtain legal representation; 
(26) providing additional funding for the grant 
program established by the Second Chance Act 
(Public Law 110–199) to prevent recidivism and im-
prove public safety; 
(27) providing funding for Federal, State, and 
local law enforcement leaders to attend the FBI Na-
tional Academy to share best practices and support 
national coherence on important policing issues in 
this ever-changing field; 
(28) crime-reducing education grants, Federal 
pretrial diversion programs, Federal problem-solving 
courts, the elimination of mandatory minimums in 
the Federal law, and the Innocence Protection Act 
of 2004; and 
(29) providing funding for a competitive 5-year 
grant to a nationally recognized, nonpartisan, sci-
entifically sound, research organization, with an ad-
visory board comprised of local, State, and Federal 
law enforcement leaders, and subject matter experts, 
to create a national nonpunitive, forward-focused 
peer review, training, and improvement center with 
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136 
the goal of improved safety outcomes for officers and 
civilians that would— 
(A) establish a ‘‘critical incident review’’ 
mechanism, similar to those used in medicine 
and aviation, as a comprehensive, protective, 
and accurate way of examining the cir-
cumstances surrounding an incident to accu-
rately identify problems on a systemic level to 
reduce the number and types of problems, to 
improve policing outcomes, refine policies and 
practices, and build upon meaningful conversa-
tions and research to develop what improve-
ments with cooperation of the law enforcement 
agencies involved; 
(B) establish a data input form and infra-
structure of a ‘‘near miss’’ database and for 
every policing incident in which an officer or ci-
vilian life is lost or substantial force is used to 
review knowledge gained from past tragedies in 
order to disseminate it to prevent future ones 
and to encourage new learning and sustainable, 
stakeholder-driven change; 
(C) study, recommend, and establish an 
‘‘officer-involved shooting database’’ for use 
when firearms have been used against law en-
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137 
forcement officers and where officers have used 
firearms against civilians to review knowledge 
gained from past tragedies to distinguish be-
tween actual risk versus perceived risk on the 
part of the civilian or officer and to develop 
best practices; 
(D) advance training, technical assistance 
and knowledge regarding mental health issues 
that occur within the criminal justice system, 
including providing training and funding for de- 
escalation techniques, coordination among gov-
ernment agencies, information-sharing, diver-
sion initiatives, jail and prison strategies, estab-
lishment of learning sites, suicide prevention, 
and assistance and infrastructure for calls for 
service and law enforcement triage capabilities; 
(E) study, invest in, and apply policing re-
search tools that develop forecasts based upon 
evolving technology, social movements, environ-
mental changes, economic factors, and political 
events; and 
(F) educate and facilitate the advance of 
evidence-based policing to encourage use of the 
best available scientific evidence to control 
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138 
crime and disorder and enhance officer safety 
and wellness. 
(c) FUNDS TO SUPPLEMENT, NOT SUPPLANT, EX-
ISTING FUNDS.—Funds disbursed pursuant to this section 
shall not be used to supplant existing State or local funds 
utilized for these purposes, but rather to supplement them. 
(d) ACCOUNTING.—Every year, the Department of 
Justice shall provide an accounting of the reprogrammed 
funds to ensure that the funds are disbursed and expended 
in a manner to maximize public safety and make needed 
improvements to the criminal justice system. The Attorney 
General shall report the findings to the Judiciary, Over-
sight, and substantive congressional committees. 
TITLE 
VII—INCREASING 
GOV-
ERNMENT 
TRANSPARENCY 
AND ACCURACY 
SEC. 701. REPORT ON MANDATORY MINIMUMS. 
Not later than one year after the date of the enact-
ment of this Act, the Government Accountability Office 
(GAO), in coordination with the Attorney General, shall 
provide a report to Congress listing all existing mandatory 
minimum penalties in force, including brief summaries of 
the conduct prohibited by each and how frequently the 
mandatory minimum is imposed. 
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139 
SEC. 702. FEDERAL DEFENDER ADDED AS A NONVOTING 
MEMBER OF THE SENTENCING COMMISSION. 
(a) IN GENERAL.—Subsection (a) of section 991 of 
title 28, United States Code, is amended— 
(1) by striking ‘‘one nonvoting member.’’ at the 
end of the first sentence and inserting ‘‘two non-
voting members.’’; and 
(2) by inserting before the last sentence the fol-
lowing: ‘‘A Federal public or community defender 
designated by the Judicial Conference of the United 
States with the advice of the Defender Services Ad-
visory Group shall be a nonvoting member of the 
Commission.’’. 
(b) CONFORMING AMENDMENT.—The final sentence 
of section 235(b)(5) of the Comprehensive Crime Control 
Act of 1984 (18 U.S.C. 3551 note) is amended by striking 
‘‘nine members, including two ex officio, nonvoting mem-
bers’’ and inserting ‘‘ten members, including three non-
voting members’’. 
SEC. 703. BUDGET AND INMATE POPULATION IMPACT OF 
LEGISLATION ON THE FEDERAL CORREC-
TIONS SYSTEM. 
(a) IMPACT ANALYSIS.— 
(1) WHEN REQUIRED.—Upon request by the 
chair or ranking member of the Committee on the 
Judiciary of either the Senate or the House of Rep-
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140 
resentatives with respect to legislation referred to 
that committee that amends sentencing or correc-
tions policy or creates a new criminal penalty, the 
Attorney General shall, before the final committee 
vote on ordering the legislation reported, provide the 
requesting party an impact analysis. 
(2) CONTENTS.—The impact analysis shall con-
tain— 
(A) an estimate of the Federal budgetary 
impact of the legislation, both overall and bro-
ken down by each agency affected in the execu-
tive and judicial branches; and 
(B) an estimate of the legislation’s 10-year 
prison bed impact on Federal facilities. 
(b) AMENDMENTS.—Upon request by the chair or 
ranking member of the Committee on the Judiciary of the 
Senate or the House of Representatives with respect to 
any legislation ordered reported favorably by that com-
mittee with amendment, the Attorney General shall, not 
later than 30 days after the request is made, provide the 
requesting party with an updated impact analysis. 
(c) INCLUSION
OF IMPACT ANALYSIS
OR STATE-
MENT.—The chair or ranking member shall include in the 
committee report, or in additional, separate, or dissenting 
views appended to the report, as the case may be, any 
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141 
impact analysis provided at the request of that chair or 
ranking member. If the Attorney General does not provide 
an impact analysis in a timely manner, the chair or rank-
ing member shall instead include in the committee report 
or views, a statement that the impact analysis was not 
provided. 
(d) EFFECT OF FAILURE TO COMPLY WITH RE-
QUIREMENTS OF SECTION.—The Attorney General shall 
make every effort to provide an impact analysis required 
under this section, and the requesting party shall make 
every effort to give the Attorney General sufficient notice 
to do so. However, failure to provide the impact analysis 
does not give rise to any point of order regarding the legis-
lation. Failure by a chair or ranking member to include 
matter as required by this section in a report or views 
appended to the report does not give rise to a point of 
order regarding the legislation. 
SEC. 704. REPORTS. 
(a) ANNUAL REPORTS
BY
THE ATTORNEY GEN-
ERAL.—Not later than 180 days after passage of this bill, 
and every year thereafter, the Attorney General shall sub-
mit to the Congress, a report that contains the following: 
(1) Analysis of demographic (age, race/eth-
nicity, gender) data on Federal offenders, including 
by offender demographics, the number and types of 
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offenses for which offenders in that demographic 
have— 
(A) been considered for prosecution by the 
Department of Justice but not charged; 
(B) been charged but charges were dis-
missed; 
(C) been initially charged with mandatory 
minimums that were not withdrawn or dis-
missed, listed by statutory citation of manda-
tory minimum; 
(D) been charged in a superseding indict-
ment or subsequent information with manda-
tory minimums; 
(E) plea bargained in exchange for pros-
ecutors not charging mandatory minimums, in-
cluding the type of mandatory minimum plea 
bargained away; 
(F) been initially charged with mandatory 
minimums but were withdrawn or dismissed, 
listed by type of mandatory minimum; and 
(G) been convicted, the length of sentence 
they received, and the judicial district in which 
they were sentenced to track whether unwar-
ranted sentencing disparities are occurring in 
certain districts. 
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143 
(2) An analysis of current and projected sav-
ings associated with this Act and the amendments 
made by this Act. 
(3) Developments in training and development 
and research on the Department of Justice in con-
junction with the Department of Defense, on non-
lethal tools of policing. 
(b) ANNUAL REPORTS BY THE DIRECTOR OF THE 
BUREAU OF PRISONS.—Not later than 180 days after 
passage of this bill, and every January 1 thereafter, the 
Director of the Bureau of Prisons, in consultation with 
the Inspector General of the Department of Justice, shall 
submit to Congress a report that contains the following 
information, categorized by race, national origin, gender, 
age, and religion: 
(1) PRISON DATA.— 
(A) The number of offenders entering pris-
on on a new offense. 
(B) The average sentence length for a new 
prison sentence by offense type. 
(C) The number of offenders entering pris-
on on a revocation of supervision. 
(D) The average sentence length for of-
fenders entering prison for a probation revoca-
tion. 
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(E) The average sentence length for of-
fenders entering prison for a supervised release 
revocation. 
(F) The average percentage of the sen-
tence imposed served in prison as compared to 
community, home, or residential reentry center. 
(G) The average percentage of prison sen-
tences served in prison by offense type for of-
fenders entering on a new offense. 
(H) The number of offenders in solitary 
confinement, including their race, gender, age, 
reason for solitary confinement, length of stay 
in solitary confinement, the number of total 
stays in solitary confinement, the total time of 
stay in solitary confinement, and the number of 
those offenders with mental health issues, cog-
nitive deficits, substance abuse issues, or com-
bat-related post-traumatic stress disorder. 
(I) Total prison population by offense type 
and by the type of admission into prison. 
(J) Recidivism rate by offense type. 
(K) Offense rate after 3 years of release. 
(2) DATA
RELATED
TO
EXPANDED
EARNED 
TIME
CREDIT
AND
RECIDIVISM
REDUCTION
PRO-
GRAMMING.— 
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145 
(A) The number and percentage of offend-
ers who have earned time credit in the prior 
year. 
(B) The average amount of time credit 
earned per offender in the prior year. 
(C) The average amount of time credit 
earned by offenders released from prison in the 
prior year. 
(D) Additional information as requested by 
the Judiciary, Oversight, and other substantive 
committees. 
(E) A summary and assessment of the 
types and effectiveness of the recidivism reduc-
tion programs and productive activities in facili-
ties operated by the Director of the Bureau of 
Prisons, including— 
(i) evidence about which programs 
and activities have been shown to reduce 
recidivism; 
(ii) the capacity of each program and 
activity at each facility, including the num-
ber of prisoners enrolled in each program 
and activity; and 
(iii) identification of any problems or 
shortages in capacity of such programs 
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146 
and activities, and how they should be 
remedied. 
(3) DATA RELATED TO RELEASE TO EXTENDED 
SUPERVISION
FOR
CERTAIN
MEDICALLY
INCAPACI-
TATED AND GERIATRIC PRISONERS.— 
(A) The number of offenders who peti-
tioned for release to extended supervision pur-
suant to section 3582(c)(1)(A) of title 18, 
United States Code. 
(B) The number of offenders who peti-
tioned and were denied release to extended su-
pervision pursuant to section 3582(c)(1)(A) of 
title 18, United States Code, and the common 
reasons for denial. 
(C) The number of offenders released to 
extended 
supervision 
pursuant 
to 
section 
3582(c)(1)(A) of title 18, United States Code, 
who were revoked in the previous year. 
(c) ANNUAL REPORTS BY THE DIRECTOR OF THE 
ADMINISTRATIVE
OFFICE
OF
THE
UNITED
STATES 
COURTS.—Not later than 180 days after passage of this 
bill, and every January 1 thereafter, the Director of the 
Administrative Office of the United States Courts, in con-
sultation with the Judicial Conference, shall submit to the 
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appropriate committees of Congress, and publish pub-
lically, a report that contains the following: 
(1) PROBATION DATA.— 
(A) The number of offenders sentenced to 
probation in the previous year. 
(B) The number of offenders supervised on 
probation. 
(C) The number of probationers revoked 
for a technical violation. 
(D) The number of probationers who were 
convicted of a new felony offense and sentenced 
to a term of imprisonment, in either a local, 
State, or Federal facility. 
(2) SUPERVISED RELEASE DATA.— 
(A) The number of offenders placed on 
postrelease supervision in the following year. 
(B) The number of offenders supervised on 
postrelease supervision. 
(C) The number of offenders on supervised 
release revoked for a technical violation. 
(D) The number of offenders on supervised 
released who were convicted of a new felony of-
fense and sentenced to a term of imprisonment, 
in either a local, State, or Federal facility. 
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148 
(3) DATA
RELATED
TO
THE
IMPOSITION
OF 
THE GRADUATED SANCTIONING SYSTEM.— 
(A) The number and percentage of offend-
ers who have one or more violations during the 
year. 
(B) The average number of violations per 
offender during the year. 
(4) DATA
RELATED
TO
THE
IMPOSITION
OF 
EARNED TIME CREDITS.— 
(A) The number and percentage of offend-
ers who qualify for earned discharge in one or 
more months of the year. 
(B) The average amount of credits earned 
per offender within the year. 
(C) The average probation sentence length 
for offenders sentenced to Federal probation. 
(D) The average supervision sentence 
length for offenders released to supervised re-
lease. 
(E) The average time spent on Federal 
probation for offenders successfully completing 
probation. 
(F) The average time spent on supervised 
release for offenders successfully completing su-
pervised release. 
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(5) DATA
RELATED
TO
PROBLEM-SOLVING 
COURTS.— 
(A) Total number of participants. 
(B) Total number of successful partici-
pants. 
(C) Total number of unsuccessful partici-
pants. 
(D) Total number of participants who were 
arrested for a new criminal offense while in the 
problem-solving court program. 
(E) Total number of participants who were 
convicted of a new felony or misdemeanor of-
fense while in the problem-solving court pro-
gram. 
(F) Any other data or information as re-
quired by the Judiciary, Oversight, and other 
substantive committees. 
(d) DEFINITIONS.—In this title, the following defini-
tions apply: 
(1) 
RECIDIVISM.—The 
term 
‘‘recidivism’’ 
means the return to Federal prison of an offender 
not later than 3 years after the date of release. 
(2) SUPERVISION.—The term ‘‘supervision’’ has 
the meaning given that term in section 3609 of title 
18, United States Code. 
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(3) OFFENSE RATE.—The term ‘‘offense rate’’ 
means either misdemeanor or felony convictions 
more than 3 years after the date of release. 
Æ 
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