I 
114TH CONGRESS 
1ST SESSION H. R. 2944 
To improve public safety, accountability, transparency, and respect for fed-
eralism in Federal criminal law by applying the findings of the bipartisan 
Over-Criminalization Task Force and evidence-based reforms already 
made by some States, and reinvesting the resulting savings from doing 
so in additional evidence-based criminal justice strategies that are proven 
to reduce recidivism and crime, and the burden of the criminal justice 
system on the taxpayer. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2015 
Mr. SENSENBRENNER (for himself, Mr. SCOTT of Virginia, Mr. LABRADOR, 
Mr. CUMMINGS, Mr. FARENTHOLD, Ms. LOFGREN, Mr. COLLINS of Geor-
gia, Mr. COHEN, Mr. BISHOP of Michigan, Mr. JOHNSON of Georgia, 
Mrs. LOVE, Ms. JUDY CHU of California, Mr. BARTON, Mr. GUTIE´RREZ, 
Mr. YOHO, Ms. BASS, Mr. YOUNG of Alaska, Mr. RICHMOND, Mr. 
RIGELL, Mr. JEFFRIES, Mr. MCCLINTOCK, and Mr. CA´RDENAS) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committee on Energy and Commerce, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To improve public safety, accountability, transparency, and 
respect for federalism in Federal criminal law by apply-
ing the findings of the bipartisan Over-Criminalization 
Task Force and evidence-based reforms already made 
by some States, and reinvesting the resulting savings 
from doing so in additional evidence-based criminal jus-
tice strategies that are proven to reduce recidivism and 
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crime, and the burden of the criminal justice system 
on the taxpayer. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sensenbrenner-Scott 
Over-Criminalization Task Force Safe, Accountable, Fair, 
Effective Justice Reinvestment Act of 2015’’ or the ‘‘Sen-
senbrenner-Scott SAFE Justice Reinvestment Act of 
2015’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—IDENTIFYING AND REDUCING OVER-FEDERALIZATION 
AND OVER-CRIMINALIZATION BY RESPECTING THE BALANCE 
OF POWERS AMONG THE STATES AND THE FEDERAL GOVERN-
MENT 
Sec. 101. Compilation and publication of criminal offenses to provide fair notice 
to address over-federalization. 
Sec. 102. Procedures to reduce over-federalization. 
Sec. 103. Procedures to reduce pretrial detention. 
Sec. 104. Creation of a citizen complaint process. 
Sec. 105. Exclusion of acquitted conduct and discretion to disregard manipu-
lated conduct from consideration during sentencing. 
Sec. 106. Focusing Federal criminal penalties for simple possession to places of 
special Federal interest in recognition of the balance of power 
between the Federal Government and the States. 
TITLE II—ADDRESSING INFORMATION DISPARITY AND ACCURACY 
IN CRIMINAL PROSECUTIONS TO PROTECT INNOCENCE MORE 
ROBUSTLY AND TO REDUCE THE NUMBER OF WRONGFUL 
CONVICTIONS 
Sec. 201. Findings and declarations. 
Sec. 202. Reauthorization of the Innocence Protection Act of 2004. 
Sec. 203. Accuracy and reliability of evidence in criminal cases; addressing in-
formation disparity in criminal cases. 
Sec. 205. Notification relating to forensic, prosecutorial, or law enforcement 
misconduct. 
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Sec. 206. Remedies. 
Sec. 207. Toolkits for State and local government. 
TITLE III—ENCOURAGING ACCOUNTABILITY WITH GREATER USE 
OF 
EVIDENCE-BASED 
SENTENCING 
ALTERNATIVES 
FOR 
LOWER-LEVEL OFFENDERS 
Sec. 301. Eligibility for prejudgement probation. 
Sec. 302. Sentence of probation. 
Sec. 303. Directive to the Sentencing Commission regarding use of probation. 
Sec. 304. Establishing accountability evidence-based problem solving court pro-
grams. 
TITLE IV—CONCENTRATING PRISON SPACE ON VIOLENT AND 
CAREER CRIMINALS 
Subtitle A—Restoring Original Congressional Intent To Focus Federal Drug 
Mandatory Minimums Only on Managers, Supervisors, Organizers, and 
Leaders of Drug Trafficking Organizations and To Avoid Duplicative Pros-
ecution With States 
Sec. 401. Focusing the application of Federal mandatory minimums for certain 
drug offenses to restore original congressional intent respecting 
the balance of power between the Federal Government and the 
States. 
Sec. 402. Modification of criteria for ‘‘safety valve’’ limitation on applicability 
of certain mandatory minimums. 
Sec. 403. Consistency in the use of prior convictions for mandatory sentencing 
enhancements. 
Sec. 404. Clarification of applicability of the Fair Sentencing Act. 
Sec. 405. Eligibility for resentencing based on changes in law. 
Sec. 406. Directives to the Sentencing Commission. 
Subtitle B—Expanding the Ability To Apply for Compassionate Release 
Sec. 411. Ability to petition for release to extended supervision for certain pris-
oners who are medically incapacitated, geriatric, or caregiver 
parents of minor children and who do not pose public safety 
risks. 
Subtitle C—Clarification of Congressional Intent on Certain Recidivist 
Penalties 
Sec. 421. Amendments to enhanced penalties provision. 
TITLE V—IMPLEMENTING EVIDENCE-BASED PRACTICES TO 
REDUCE RECIDIVISM 
Subtitle A—Revision of Statutory Sentence Credits 
Sec. 501. Delivery and incentives to complete in-prison recidivism reduction 
programming. 
Sec. 502. Postsentencing risk and needs assessment system and in-prison re-
cidivism reduction programming. 
Subtitle B—Training and Oversight of Mental Health and Substance Abuse 
Treatment 
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Sec. 511. Mental health and de-escalation training. 
Sec. 512. Authorizing grants to States for the use of medication-assisted treat-
ment for heroin, opioid, or alcohol abuse in residential sub-
stance abuse treatment. 
Sec. 513. Performance-based contracting for residential reentry centers. 
Subtitle C—Implementing Swift, Certain, and Proportionate Sanctions for 
Violations of Conditions of Probation or Supervised Release 
Sec. 521. Graduated sanctioning system. 
Sec. 522. Graduated responses to technical violations of supervision. 
Sec. 523. Targeted and proportional penalties for revocation of probation. 
Sec. 524. Targeted and proportional penalties for violations of supervised re-
lease. 
Subtitle D—Focus Supervision Resources on High-Risk Offenders 
Sec. 531. Earned discharge credits for compliant supervisees. 
Sec. 532. Elimination of mandatory revocation for minor drug violations. 
Subtitle E—Creating a Performance-Incentive Funding Program 
Sec. 541. Calculation of savings. 
Sec. 542. Distribution of performance incentive funding. 
Sec. 543. Use of performance incentive funding. 
Sec. 544. Definitions. 
Subtitle F—Maximizing Public Safety Returns on Corrections Dollars 
Sec. 551. Clarification or original congressional intent regarding calculation of 
good time conduct credit. 
Sec. 552. Analysis of fiscal implications for inclusion in presentence reports. 
Sec. 553. Investing in and supporting SAFE law enforcement. 
TITLE VI—PREVENTION AND INTERVENTION INITIATIVES 
INCREASING GOVERNMENT TRANSPARENCY ACCURACY 
Sec. 601. Report on mandatory minimums. 
Sec. 602. Federal defender added as a nonvoting member of the Sentencing 
Commission. 
Sec. 603. Budget and inmate population impact of legislation on the Federal 
corrections system. 
Sec. 604. Reports. 
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TITLE I—IDENTIFYING AND RE-
DUCING 
OVER-FEDERALIZA-
TION 
AND 
OVER-CRIMINAL-
IZATION BY RESPECTING THE 
BALANCE OF POWERS AMONG 
THE STATES AND THE FED-
ERAL GOVERNMENT 
SEC. 101. COMPILATION AND PUBLICATION OF CRIMINAL 
OFFENSES TO PROVIDE FAIR NOTICE TO AD-
DRESS OVER-FEDERALIZATION. 
(a) COMPILATION AND PUBLICATION OF CRIMINAL 
OFFENSES.—Not later than January 1, 2016, and every 
year thereafter, the Attorney General shall, in consultation 
with relevant entities within the executive branch, compile 
a listing of the various Federal law violations that carry 
criminal penalties. To ensure that individuals have fair no-
tice of prohibited conduct and the criminal penalties they 
bring, the Attorney General shall publicize the existence 
of this database and publish the database on the Depart-
ment of Justice website. 
(b) OVERSIGHT TO ADDRESS OVER-FEDERALIZA-
TION.—Each executive branch agency must obtain the ex-
press prior approval of the Attorney General for each 
added criminal penalty resulting from agency regulation. 
The Attorney General shall condition that approval on a 
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sunsetting of the added criminal penalty not later than 
5 years after it takes effect. 
SEC. 102. PROCEDURES TO REDUCE OVER-FEDERALIZA-
TION. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Attorney General 
shall create and implement procedures— 
(1) to provide coordination by Federal prosecu-
tors and law enforcement agencies with other Fed-
eral agencies to determine— 
(A) whether unlawful conduct that involves 
the administrative competencies of other Fed-
eral agencies is best addressed by civil sanctions 
or criminal charges; and 
(B) if such conduct is best addressed by 
criminal charges, whether diversion or criminal 
prosecution is more appropriate; and 
(2) to provide coordination by Federal prosecu-
tors and law enforcement agencies with State pros-
ecutors and law enforcement agencies to reduce du-
plicative prosecutions of the same offender for the 
same conduct at both State and Federal levels. 
(b) REPORT BY INSPECTOR GENERAL.—Not later 
than 1 year after the date of the enactment of this Act, 
the Inspector General of the Department of Justice shall 
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report to the Congress, for the period beginning on the 
date of the enactment of this Act and ending as closely 
as feasible to the date on which the report is made, on— 
(1) the number of cases referred from law en-
forcement or other agencies for Federal prosecution 
in which the alleged unlawful conduct— 
(A) involved the administrative com-
petencies of Federal agencies other than the 
Department of Justice that could have been 
handled civilly by a Federal agency; or 
(B) could have, in the judgment of the At-
torney General, been prosecuted at the State 
level; 
(2) the number of cases accepted for Federal 
prosecution, and the estimated Federal correctional 
costs of those cases in prison bed-years; and 
(3) the number of cases declined for Federal 
prosecution after referral by law enforcement or 
other agencies and the estimated Federal correc-
tional savings in prison bed-years. 
SEC. 103. PROCEDURES TO REDUCE PRETRIAL DETENTION. 
(a) GUIDANCE BY ATTORNEY GENERAL.—Not later 
than 180 days after the date of the enactment of this Act, 
the Attorney General, in consultation with the Criminal 
Law Committee of the Judicial Conference of the United 
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States, the United States Probation and Pretrial Services, 
and a Federal public or community defender from the De-
fender Services Advisory Group, shall create and imple-
ment procedures to reduce overincarceration due to pre-
trial detention in order to— 
(1) reduce overcrowding of pretrial detention 
facilities; and 
(2) reduce the cost of pretrial detention. 
(b) CONSIDERATIONS TO BE TAKEN INTO ACCOUNT 
IN CREATING PROCEDURES.—In carrying out subsection 
(a), the Attorney General shall take into consideration— 
(1) whether in Federal cases a summons in-
stead of an arrest should be the default procedure; 
(2) whether in some or most cases where a 
summons would not be sufficient, a bond or other al-
ternative would be preferable to pretrial detention; 
(3) the need to avoid seeking bonds that offend-
ers are unable to meet, which are then tantamount 
for pretrial detention; 
(4) the extent to which pretrial detention re-
sults from the disproportionate pretrial detention of 
individuals with fewer economic means; 
(5) the impact of pretrial detention on loss of 
employment and housing; and 
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(6) the need to avoid pretrial detention that is 
not necessary to ensure the appearance of the de-
fendant as required and the safety of the public. 
(c) REPORT BY INSPECTOR GENERAL.—Not later 
than 1 year after the date of the enactment of this Act, 
the Inspector General of the Department of Justice shall 
report to the Congress on the procedures created under 
this section, and address whether and to what extent those 
procedures are likely to accomplish their intended pur-
poses. In the report, the Inspector General may include 
recommendations for further changes in procedures that 
would better accomplish the purposes set forth in sub-
section (a), taking into account the considerations de-
scribed in subsection (b). 
SEC. 104. CREATION OF A CITIZEN COMPLAINT PROCESS. 
(a) IN GENERAL.—The Attorney General shall, not 
later than 180 days after the date of the enactment of 
this Act, create a confidential and secure online complaint 
process to the Office of Professional Responsibility for the 
Department of Justice, for the use of defendants who have 
been sentenced who believe that their prosecutions were 
mishandled by Federal prosecutors or law enforcement of-
ficers. The Attorney General shall publicize the availability 
of this resource. 
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(b) ANNUAL REVIEW AND REPORTS.—Taking into 
account the remedies provided in section 206, the Office 
of the Inspector General, shall— 
(1) conduct an annual review of the citizen 
complaint process to determine whether the Office of 
Professional Responsibility has taken appropriate 
disciplinary measures against prosecutors who have 
mishandled cases or engaged in misconduct; and 
(2) publish in a report to Congress each case in 
which any judge or court has found that a pros-
ecutor or law enforcement officer engaged in mis-
conduct, whether such a finding resulted in reversal, 
vitiation, or vacatur of a conviction or sentence. 
SEC. 105. EXCLUSION OF ACQUITTED CONDUCT AND DIS-
CRETION TO DISREGARD MANIPULATED CON-
DUCT FROM CONSIDERATION DURING SEN-
TENCING. 
(a) ACQUITTED CONDUCT NOT TO BE CONSIDERED 
IN SENTENCING.—Section 3661 of title 18, United States 
Code, is amended by striking the period at the end and 
inserting ‘‘, except that a court shall not consider conduct 
of which a person has been acquitted.’’. 
(b) PROVIDING DISCRETION TO DISREGARD CER-
TAIN FACTORS IN SENTENCING.— 
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(1) TITLE 18, UNITED STATES CODE.—Section 
3553 of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘(g) DISCRETION TO DISREGARD CERTAIN FAC-
TORS.—A court, in sentencing a defendant convicted 
under the Controlled Substances Act, the Controlled Sub-
stances Import and Export Act, any offense deriving its 
penalties from either such Act, or an offense under section 
924(c) based on a drug trafficking crime, may disregard, 
in determining the statutory range, calculating the guide-
line range or considering the factors set forth in section 
3553(a), any type or quantity of a controlled substance, 
counterfeit substance, firearm or ammunition that was de-
termined by a confidential informant, cooperating witness, 
or law enforcement officer who solicited the defendant to 
participate in a reverse sting or fictitious stash-house rob-
bery.’’. 
(2) CONTROLLED
SUBSTANCES
ACT.—Section 
401(b)(1) of the Controlled Substances Act (21 
U.S.C. 841(b)(1)) is amended by adding at the end 
the following: 
‘‘(F) In the case of a person who conspires to commit 
an offense under this title, the type and quantity of the 
controlled or counterfeit substance for the offense that was 
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the object of the conspiracy shall be the type and quantity 
involved in— 
‘‘(i) the defendant’s own unlawful acts; and 
‘‘(ii) any unlawful act of a co-conspirator 
that— 
‘‘(I) the defendant agreed to jointly under-
take; 
‘‘(II) was in furtherance of that unlawful 
act the defendant agreed to jointly undertake; 
and 
‘‘(III) was intended by the defendant.’’. 
(3) CONTROLLED
SUBSTANCES
IMPORT
AND 
EXPORT
ACT.—Section 1010(b) of the Controlled 
Substances Import and Export Act (21 U.S.C. 
960(b)) is amended by adding at the end the fol-
lowing: 
‘‘(8) In the case of a person who conspires to commit 
an offense under this title, the type and quantity of the 
controlled or counterfeit substance for the offense that was 
the object of the conspiracy shall be the type and quantity 
involved in— 
‘‘(A) the defendant’s own unlawful acts; and 
‘‘(B) any unlawful act of a co-conspirator 
that— 
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‘‘(i) the defendant agreed to jointly under-
take; 
‘‘(ii) was in furtherance of that unlawful 
act the defendant agreed to jointly undertake; 
and 
‘‘(iii) was intended by the defendant.’’. 
(4) DIRECTIVE TO THE SENTENCING COMMIS-
SION.—Pursuant to its authority under section 
994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sen-
tencing Commission shall review and amend its 
guidelines and policy statements applicable to rel-
evant conduct to ensure that they are consistent 
with the amendments made by this section. 
(5) DEFINITIONS.—The following definitions 
apply in this section: 
(A) REVERSE STING.—The term ‘‘reverse 
sting’’ means a situation in which a person who 
is a law enforcement officer or is acting on be-
half of law enforcement initiates a transaction 
in which the person offers to sell a controlled 
substance, counterfeit substance, firearms or 
ammunition to a targeted individual. 
(B) STASH
HOUSE.—The term ‘‘stash 
house’’ means a location where drugs and/or 
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money are stored in furtherance of a drug dis-
tribution operation. 
(C) 
FICTITIOUS
STASH
HOUSE
ROB-
BERY.—The term ‘‘fictitious stash house rob-
bery’’ means a situation in which a person who 
is a law enforcement officer or is acting on be-
half of law enforcement describes a fictitious 
stash house to a targeted individual and invites 
the targeted individual to assist the person in 
robbing such fictitious stash house. 
SEC. 106. FOCUSING FEDERAL CRIMINAL PENALTIES FOR 
SIMPLE POSSESSION TO PLACES OF SPECIAL 
FEDERAL INTEREST IN RECOGNITION OF 
THE BALANCE OF POWER BETWEEN THE 
FEDERAL GOVERNMENT AND THE STATES. 
Section 404 of the Controlled Substances Act (21 
U.S.C. 844) is amended by inserting after ‘‘It shall be un-
lawful for any person’’ each place it appears the following: 
‘‘within the special maritime and territorial jurisdiction of 
the United States (as defined for the purposes of title 18, 
United States Code)’’. 
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TITLE II—ADDRESSING INFOR-
MATION DISPARITY AND AC-
CURACY IN CRIMINAL PROS-
ECUTIONS TO PROTECT INNO-
CENCE MORE ROBUSTLY AND 
TO REDUCE THE NUMBER OF 
WRONGFUL CONVICTIONS 
SEC. 201. FINDINGS AND DECLARATIONS. 
The Congress finds and declares the following: 
(1) The goal of a law enforcement investigation 
is to apprehend the person or persons responsible for 
the commission of a crime. 
(2) Mistaken eyewitness identification has been 
shown to have contributed to the wrongful conviction 
in 72 percent of the Nation’s 325 exonerations of in-
nocent persons, including 20 who served time on 
death row and 30 who pled guilty. These innocents 
served an average of 13.5 years in prison before ex-
oneration and release. No one benefits from a 
wrongful conviction—except the real perpetrator, 
who remains free to commit additional crimes. In 
half of the exoneration cases, the same DNA used 
to exonerate the innocent was used to identify the 
real perpetrator. Over 141 violent crimes could have 
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been prevented had the real perpetrator been identi-
fied instead of the innocent. 
(3) Over the past 30 years, a large body of 
peer-reviewed, scientific research and practice has 
emerged showing that simple systemic changes can 
protect the innocent and the public by increasing the 
accuracy of the evidence used to support a conviction 
beyond a reasonable doubt. These reforms are— 
(A) improving the accuracy of eyewitness 
identification; 
(B) preserving and analyzing forensic evi-
dence; 
(C) recording confessions and interroga-
tions; 
(D) discounting the inherent unreliability 
of informant or cooperator testimony; 
(E) improving the quality of defense coun-
sel; 
(F) providing for postconviction DNA test-
ing; and 
(G) increasing compensation to the wrong-
fully convicted. 
(4) Policies and procedures to improve the ac-
curacy of eyewitness identifications such as those 
recommended by the National Academy of Sciences, 
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the United States National Institute of Justice, the 
International Association of Chiefs of Police, the 
American Bar Association, the Michigan Bar Asso-
ciation, the New Jersey Office of the Attorney Gen-
eral, the Wisconsin Office of the Attorney General, 
the California Commission on the Fair Administra-
tion of Justice, and the North Carolina Actual Inno-
cence Commission are readily available. 
(5) More accurate eyewitness identifications in-
crease the ability of police and prosecutors to convict 
the guilty and protect the innocent. 
(6) The integrity of the criminal justice process 
is enhanced by adherence to best practices in evi-
dence gathering. 
(7) Federal, State, and local governments will 
benefit from the improvement of the accuracy of eye-
witness identifications. 
(8) The value of properly preserved biological 
evidence has been enhanced by the discovery of mod-
ern DNA testing methods, which, coupled with a 
comprehensive system of DNA databases that store 
crime scene and offender profiles, allow law enforce-
ment to improve its crime-solving potential. 
(9) Tapping the potential of preserved biological 
evidence requires the proper identification, collection, 
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preservation, storage, cataloguing and organization 
of such evidence. 
(10) Law enforcement agencies indicate that 
‘‘cold’’ case investigations are hindered by an inabil-
ity to access biological evidence that was collected in 
connection with criminal investigations. 
(11) Innocent people mistakenly convicted of 
the serious crimes for which biological evidence is 
probative cannot prove their innocence if such evi-
dence is not accessible for testing in appropriate cir-
cumstances. 
(12) It is well established that the failure to up-
date policies regarding the preservation of evidence 
squanders valuable law enforcement resources, man-
power hours and storage space. 
(13) Simple but crucial enhancements to proto-
cols for properly preserving biological evidence can 
solve old crimes, enhance public safety and settle 
claims of innocence. 
(14) Existing Federal, State, and local law re-
garding consideration of new evidence postconviction 
fails to adequately account for the enduring pro-
bative value of DNA evidence. 
(15) During his 2005 State of the Union ad-
dress, President George W. Bush urged that, ‘‘[i]n 
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America, we must make doubly sure no person is 
held to account for a crime he or she did not com-
mit, so we are dramatically expanding the use of 
DNA evidence to prevent wrongful conviction’’. 
(16) United States Attorney General Eric Hold-
er expressed his hope, in the interest of justice and 
identifying the true perpetrators of crimes, that ‘‘all 
levels of government will follow the Federal Govern-
ment’s lead by working to expand access to DNA 
evidence’’. 
(17) Emerging DNA testing technologies can 
enhance the quality of justice. 
(18) The scientifically reliable results of DNA 
testing provide the certainty and finality that bolster 
the public’s trust in our Federal, State, and local 
criminal justice systems. 
(19) In addition to the wrongfully convicted and 
their families, crime victims, law enforcement, pros-
ecutors, courts and the public are harmed whenever 
individuals guilty of crimes elude justice while inno-
cent individuals are imprisoned for crimes they did 
not commit. 
(20) Our Federal, State, and local governments 
must enhance their procedures for considering post- 
conviction DNA testing so that all credible claims of 
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innocence based on newly discovered evidence can be 
properly evaluated. 
(21) Properly audio and video recorded custo-
dial interrogations provide the best evidence of the 
communications that occurred during an interroga-
tion; prevent disputes about how an officer con-
ducted himself or treated a suspect during the 
course of an interrogation; prevent disputes about 
the account of events the defendant originally pro-
vided to law enforcement; spare judges and jurors 
the time necessary and need to assess which account 
of an interrogation to believe; and enhance public 
confidence in the criminal process, it is the Con-
gress’ intent to encourage the video and audio re-
cording of all custodial interrogations. 
(22) An informant is a person who was not a 
victim of a crime who offers to provide information 
or assistance to law enforcement in exchange for le-
niency or some other benefit. The testimony of in-
formants, who were not at the scene of the crime 
and who have reason to seek leniency from the 
criminal justice system, is inherently suspect. How-
ever, truthful informant testimony may still be im-
portant in solving crimes. 
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(23) Rewarding informants, either tacitly or ex-
plicitly, by the Government produces dangerous in-
centives to manufacture or fabricate testimony. 
Thus, it is incumbent upon the judicial system to as-
sess whether informant testimony is reliable. 
(24) The use of informant testimony without a 
system to properly assess its reliability or corrobo-
rate its substance provides fertile ground for ob-
struction of the fair administration of justice. 
(25) Therefore, a system to properly assess the 
reliability of informant testimony, including, but not 
limited to audio and video recording of all state-
ments provided by informants, should be developed. 
(26) The failure to properly educate law en-
forcement, defense lawyers, prosecutors, judges and 
other fact finders about the vulnerabilities inherent 
in informant testimony enables improper consider-
ation of such testimony, which can seriously under-
mine the integrity of our criminal justice system. 
SEC. 202. REAUTHORIZATION OF THE INNOCENCE PROTEC-
TION ACT OF 2004. 
The Innocence Protection Act of 2004 (18 U.S.C. 
3600 note) is amended— 
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(1) in section 412(b) (42 U.S.C. 14136e(b)), by 
striking ‘‘2005 through 2009’’ and inserting ‘‘2016 
through 2021’’; and 
(2) in section 426(a) (42 U.S.C. 14163e(a)), by 
striking ‘‘2005 through 2009’’ and inserting ‘‘2016 
through 2021’’. 
SEC. 203. ACCURACY AND RELIABILITY OF EVIDENCE IN 
CRIMINAL CASES; ADDRESSING INFORMA-
TION DISPARITY IN CRIMINAL CASES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Attorney General shall, 
in consultation with the Federal Public or Community De-
fender from the Defender Services Advisory Group, the 
American Bar Association, the American Law Institute, 
and other expert organizations, including the Innocence 
Project, create training and best practices to be imple-
mented by Federal prosecutors and law enforcement offi-
cers prior to trial, consistent with the constitutional rights 
of the defendant, that increase protection for the innocent 
by reducing the inaccuracy and unreliability of evidence 
relied upon in criminal cases, including— 
(1) procedures and protocols for collecting, 
marking, preserving, cataloguing, and handling evi-
dence; 
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(2) training on interrogation to eliminate coer-
cive tactics that lead to false or unreliable confes-
sions; 
(3) training on interviewing witnesses to elimi-
nate suggestive tactics that lead to false or unreli-
able identifications and memories; 
(4) training to eliminate cross-racial identifica-
tion mistakes; 
(5) training to avoid and discourage the use of 
unreliable informant or cooperator testimony; 
(6) requiring audio and video recording of all 
interviews and interrogations in connection with any 
defendant’s prosecution; 
(7) promoting a fair and expeditious disposition 
of the charges, whether by diversion, plea, or trial, 
consistent with defendants’ constitutional rights; 
(8) providing the defendant with sufficient in-
formation to make an informed plea; 
(9) permitting the defendant to thoroughly pre-
pare for trial and minimize surprise at trial by pro-
viding prompt discovery to the defendant; 
(10) reducing interruptions and complications 
during trial to the extent practicable and avoid un-
necessary and repetitious trials by identifying and 
resolving evidentiary disputes prior to trial; 
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(11) minimizing the procedural and substantive 
inequities among similarly situated defendants, par-
ticularly between indigent defendants and non-
indigent defendants; and 
(12) minimizing the burden upon victims, wit-
nesses, counsel, and the taxpayer. 
(b) INITIAL DISCLOSURE
TO DEFENDANTS.—The 
Attorney General shall instruct Federal prosecutors and 
law enforcement agents, upon request by the defendant 
and not later than 14 days after such request, to permit 
the defendant to inspect and to copy or photograph the 
full contents of all investigative and case files, excepting 
only privileged material or attorney work product, to per-
mit inspection, copying, testing, and photographing of dis-
closed documents or tangible objects, including the fol-
lowing documents or tangible objects: 
(1) All relevant recorded, written, and oral 
statements of the defendant or of any codefendant 
that are within the possession or control of the Gov-
ernment, and any documents relating to the acquisi-
tion of such statements. 
(2) The names and addresses of all persons 
known to the Government to have information con-
cerning the offense charged, together with all writ-
ten statements of any such person that are within 
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the possession or control of the Government and 
that relate to the subject matter of the offense 
charged. 
(3) The identity of persons the Government in-
tends to call as witnesses at trial. 
(4) Any information regarding any inquiry, so-
licitation, or agreement between the Government and 
any individual that constitutes an inquiry into or so-
licitation of cooperation or testimony of the indi-
vidual. 
(5) Any reports or written statements of any 
expert the Government intends to call as a witness 
at trial, including results of physical or mental ex-
aminations, scientific tests, experiments, compari-
sons, a written description of the substance of the 
proposed testimony of the expert, the expert’s opin-
ion, and the underlying basis of that opinion, if that 
report or written statement of the expert is material 
to preparing the defense or the Government intends 
to use the item in its case-in-chief at trial. At the 
defendant’s request, the Government must give to 
the defendant a written summary of any testimony 
that the Government intends to use under the Fed-
eral Rules of Evidence during its case-in-chief at 
trial. If the Government requests discovery under 
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rule 16(b)(1)(C)(ii) of the Federal Rules of Criminal 
Procedure and the defendant complies, the Govern-
ment must, at the defendant’s request, give to the 
defendant a written summary of testimony that the 
Government intends to use the Federal Rules of Evi-
dence as evidence at trial on the issue of the defend-
ant’s mental condition. The summary provided 
under this paragraph must describe the witness’s 
opinions, the bases and reasons for those opinions, 
and the witness’s qualifications. 
(6) Any tangible objects, including books, pa-
pers, documents, photographs, buildings, places, or 
any other objects, which pertain to the case or which 
were obtained from or belong to the defendant, and 
the identity of any tangible objects if the item is ma-
terial to preparing the defense or the Government 
intends to use the item in its case-in-chief at trial. 
(7) Any record of prior criminal convictions, 
pending charges, or probationary status of the de-
fendant or of any codefendant or cooperating wit-
ness, and insofar as known to the Government, any 
record of convictions, pending charges, or proba-
tionary status that may be used to impeach of any 
witness to be called by either party at trial. 
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(8) Any material, documents, or information re-
lating to lineups, showups, and picture or voice iden-
tifications, if it is relevant to preparing the defense 
or the Government intends to use the item in its 
case-in-chief. 
(9) Any material or information within the Gov-
ernment’s possession or control which tends to ne-
gate the guilt of the defendant as to the offense 
charged or would tend to mitigate punishment of the 
defendant. 
(10) Any evidence of character, reputation, or 
other conduct of the defendant that the Government 
has investigated. 
(11) If the defendant’s conversations or prem-
ises were subject to electronic surveillance (including 
wiretapping) in connection with the investigation or 
prosecution of the case, any transcripts, notes, 
memos, recordings, or other materials derived from 
such surveillance. 
(12) Any tangible object obtained through a 
search and seizure, including any information, docu-
ments, or other material relating to the acquisition 
of that object, if the object, information, or docu-
ment, or material is material to preparing the de-
fense or the Government intends to use that object, 
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information, document, or material in its case-in- 
chief. 
(13) Any evidence that a forensic technician, 
laboratory, or facility involved in the case has been 
responsible for an unreliable forensic analysis or 
questionable conviction in the past. 
(c) PROMPT DISCLOSURE OF ADDITIONAL INFORMA-
TION LATER ADDED TO THE INVESTIGATIVE OR CASE 
FILE.—Upon completing the initial disclosure required 
under subsection (b), the Government shall, not later than 
14 days after information of the sort described in sub-
section (b) is added to the investigative or case file, dis-
close the full contents of that additional information, ex-
cepting only privileged material or attorney work product, 
to permit inspection, copying, testing, and photographing 
of disclosed documents or tangible objects, including the 
documents or tangible objects described in subsection (b), 
irrespective of whether the Government intends to rely on 
such information at trial and irrespective of whether or 
not the Government considers such information material 
or exculpatory. 
(d) PROTECTIVE ORDER.— 
(1) IN GENERAL.—Upon written application by 
the Government, the court may grant a protective 
order limiting the scope or timing of disclosure re-
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quired by this section, or limiting the persons to 
whom such disclosure may be made or disseminated. 
(2) REQUIREMENTS FOR GRANTING.—The ap-
plication shall be granted only to the extent the Gov-
ernment demonstrates that such disclosure would 
cause— 
(A) a particularized and substantial risk of 
physical harm or intimidation to any person; 
(B) the release of information that would 
compromise a significant national security in-
terest; or 
(C) the violation of privacy rights, pro-
tected by Federal law, of a non-law-enforcement 
witness. 
(3) NATURE OF ORDER IF GRANTED.—If grant-
ed, the protective order shall be narrowly tailored to 
limit the scope, timing or extent of disclosure only 
to the extent necessary to address the particularized 
need for delayed, limited or nondisclosure, while pro-
tecting the defendant’s right to prepare for trial or 
sentencing to the extent possible. 
(4) APPLICATION
MAY
BE
EX
PARTE.—The 
written application may be made ex parte so long as 
the Government provides notice to the defendant of 
the general nature of the application, and the de-
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fendant is given an opportunity to be heard on 
whether an ex parte application is necessary, wheth-
er any protective order is warranted, and the param-
eters of any protective order. If the application re-
mains sealed, it shall be preserved in the record for 
appellate review. 
SEC. 205. NOTIFICATION RELATING TO FORENSIC, PROS-
ECUTORIAL, OR LAW ENFORCEMENT MIS-
CONDUCT. 
(a) NOTICE.—Not later than 30 days after a finding 
by the Attorney General that a Federal prosecutor or law 
enforcement officer involved in a Federal criminal case has 
engaged in misconduct or a Federal forensic facility or 
technician has provided flawed analysis or testimony, the 
Attorney General shall inform each defendant in whose 
case that prosecutor, law enforcement officer, forensic fa-
cility, or forensic technician was involved. 
(b) ACCESS TO EVIDENCE AND CASE FILES FOR NO-
TIFIED PERSONS.—The Attorney General shall permit no-
tified defendants and their counsel access to— 
(1) the forensic evidence underlying the defend-
ant’s case to be re-tested by another validated Gov-
ernment facility as well as by the defendant’s inde-
pendent forensic expert at the Government’s ex-
pense; and 
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(2) the investigative and prosecutorial case file 
in the defendant’s case, including any attorney work 
product. 
(c) FAILURE TO COMPLY.—The Attorney General’s 
failure to comply with any requirement of this section enti-
tles the defendant to appropriate judicial relief. 
(d) HABEAS RELIEF.—A defendant who receives a 
notice under subsection (a) and whose conviction has be-
come final is entitled to seek judicial relief under section 
2255 of title 28, United States Code, notwithstanding any 
procedural limitation or bar to such relief, so long as the 
defendant exercised due diligence in seeking relief after 
receiving the notice described in subsection (a). 
SEC. 206. REMEDIES. 
(a) WITHIN THE DEPARTMENT OF JUSTICE.—The 
Attorney General shall take appropriate disciplinary meas-
ures to sanction any failure of a Federal prosecutor or 
law enforcement officer to comply in good faith with the 
procedures and requirements created by or under this 
title. 
(b) JUDICIAL REMEDY.—The court may exclude from 
trial any evidence involved in a failure of a Federal pros-
ecutor or law enforcement officer to comply in good faith 
with the procedures and requirements created by or under 
this title. 
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SEC. 207. TOOLKITS FOR STATE AND LOCAL GOVERNMENT. 
Not later than 180 days after the date of the enact-
ment of this Act, the Attorney General shall provide tool-
kits regarding training in best practices developed under 
this title to State and local governments and encourage 
them to adopt these practices to protect the innocent. 
TITLE 
III—ENCOURAGING 
AC-
COUNTABILITY WITH GREAT-
ER USE OF EVIDENCE-BASED 
SENTENCING ALTERNATIVES 
FOR LOWER-LEVEL OFFEND-
ERS 
SEC. 301. ELIGIBILITY FOR PREJUDGEMENT PROBATION. 
Section 3607(a)(1) of title 18, United States Code, 
is amended by striking ‘‘been convicted of violating a Fed-
eral or State law relating to controlled substances’’ and 
inserting ‘‘been convicted of a felony under the Controlled 
Substances Act, the Controlled Substances Import and 
Export Act, or any other Federal offense deriving its pen-
alties from either such Act’’. 
SEC. 302. SENTENCE OF PROBATION. 
Subsection (a) of section 3561 of title 18, United 
States Code, is amended to read as follows: 
‘‘(a) IN GENERAL.— 
‘‘(1) PROBATION GENERALLY AVAILABLE.—Ex-
cept as provided in paragraph (2), a defendant who 
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has been found guilty of an offense may be sen-
tenced to probation. 
‘‘(2) GENERAL EXCEPTIONS.—A defendant may 
not be sentenced to probation if— 
‘‘(A) the offense is a Class A or Class B 
felony and the defendant is an individual; 
‘‘(B) the offense is an offense for which 
probation has been expressly precluded; or 
‘‘(C) the defendant is sentenced at the 
same time to a term of imprisonment for the 
same or a different offense that is not a petty 
offense. 
‘‘(3) PRESUMPTION OF PROBATION FOR CER-
TAIN OFFENDERS.—The court shall sentence an oth-
erwise eligible defendant to probation, if the defend-
ant is a first-time Federal offender whose place of 
residence allows for Federal probation supervision 
and who did not engage in violent conduct as a part 
of the offense, unless the court, having considered 
the nature and circumstances of the offense and the 
history and characteristics of the defendant, finds on 
the record that a term of probation would not be ap-
propriate. However, a defendant convicted of a Fed-
eral sex offense, as described in section 111 of the 
Sex Offender Registration and Notification Act, is 
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not subject to a presumption of probation under this 
paragraph.’’. 
SEC. 303. DIRECTIVE TO THE SENTENCING COMMISSION 
REGARDING USE OF PROBATION. 
(a) DIRECTIVE TO THE SENTENCING COMMISSION.— 
Pursuant to its authority under section 994(p) of title 28, 
United States Code, and in accordance with this section, 
the United States Sentencing Commission shall review and 
amend its guidelines and its policy statements applicable 
to persons eligible for probation to ensure that the guide-
lines and policy statements are consistent with the amend-
ments made by sections 301 and 302. 
(b) CONSIDERATIONS.—In carrying out this section, 
the United States Sentencing Commission shall con-
sider— 
(1) the mandate of the United States Sen-
tencing Commission, under section 994(g) of title 
28, United States Code, to formulate the sentencing 
guidelines in such a way as to ‘‘minimize the likeli-
hood that the Federal prison population will exceed 
the capacity of the Federal prisons’’; 
(2) the fiscal implications of any amendments; 
(3) relevant public safety concerns; and 
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(4) the intent of Congress that prison be re-
served for serious offenders for whom prison is most 
appropriate. 
SEC. 304. ESTABLISHING ACCOUNTABILITY EVIDENCE- 
BASED 
PROBLEM 
SOLVING 
COURT 
PRO-
GRAMS. 
(a) IN GENERAL.—Part II of title 18, United States 
Code, is amended by inserting after chapter 207 the fol-
lowing: 
‘‘CHAPTER 207A—PROBLEM-SOLVING 
COURT PROGRAMS 
‘‘Sec. 
‘‘3157. Establishment of problem-solving court programs. 
‘‘3158. Evaluation of problem-solving court programs. 
‘‘3159. Definitions. 
‘‘§ 3157. Establishment of problem-solving court pro-
grams 
‘‘(a) IN GENERAL.—A United States district court 
may establish a problem-solving court program in its dis-
trict. 
‘‘(b) USE OF RESEARCH-BASED PRINCIPLES AND 
PRACTICES.—The Director of the Administrative Office of 
the United States Courts shall ensure that all Federal 
courts have available to them current information and re-
search relating to best practices for reducing participant 
recidivism through problem-solving court programs. 
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‘‘(c) INFORMATION SHARING AMONG COURTS.—The 
United States Sentencing Commission, pursuant to its au-
thority under section 995(a)(12)(A) of title 28 to serve 
as a clearinghouse and information center, shall provide 
a website where United States District Court problem- 
solving court programs may post and share research, doc-
uments, best practices, and other information with each 
other and the public. 
‘‘§ 3158. Evaluation of problem-solving court pro-
grams 
‘‘The Judicial Conference shall ensure that each Fed-
eral problem-solving court program, not later than 1 year 
after the date of its commencement of operations, adopts 
a plan to measure its success in reducing recidivism and 
costs. 
‘‘§ 3159. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘problem-solving court program’ 
means a judge-involved intensive intervention, super-
vision, and accountability process in which a defend-
ant participates, either before conviction, sentencing, 
or other disposition or upon being sentenced to a 
term of probation or upon release from a sentence 
of incarceration, that may include substance abuse, 
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mental health, employment, or veterans’ programs; 
and 
‘‘(2) the term ‘problem-solving court program 
coordinator’ means an existing employee of the 
United States Courts who is responsible for coordi-
nating the establishment, staffing, operation, evalua-
tion, and integrity of the problem solving court pro-
gram.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for part II of title 18, United States Code, is amended 
by inserting after the item relating to chapter 207 the fol-
lowing new item: 
‘‘207A. Problem-solving court programs .................................. 3157’’. 
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TITLE 
IV—CONCENTRATING 
PRISON SPACE ON VIOLENT 
AND CAREER CRIMINALS 
Subtitle 
A—Restoring 
Original 
Congressional Intent To Focus 
Federal Drug Mandatory Mini-
mums Only on Managers, Super-
visors, Organizers, and Leaders 
of Drug Trafficking Organiza-
tions and To Avoid Duplicative 
Prosecution With States 
SEC. 401. FOCUSING THE APPLICATION OF FEDERAL MAN-
DATORY MINIMUMS FOR CERTAIN DRUG OF-
FENSES TO RESTORE ORIGINAL CONGRES-
SIONAL INTENT RESPECTING THE BALANCE 
OF POWER BETWEEN THE FEDERAL GOVERN-
MENT AND THE STATES. 
(a) CONTROLLED SUBSTANCES ACT.—Section 401 of 
the Controlled Substances Act (21 U.S.C. 841) is amend-
ed by adding at the end the following: 
‘‘(i) CLARIFYING CONGRESSIONAL INTENT REGARD-
ING APPLICATION
OF CERTAIN PENALTIES.—(1) The 
mandatory minimum penalties set forth in subparagraph 
(A) of subsection (b)(1) apply only if the defendant was 
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an organizer or leader of a drug trafficking organization 
of five or more participants. 
‘‘(2) The mandatory minimum penalties set forth in 
subparagraph (B) of subsection (b)(1) apply only if the 
defendant was an organizer, leader, manager, or super-
visor of a drug trafficking organization of five or more 
participants. 
‘‘(3) The penalties set forth in subparagraph (C) of 
subsection (b)(1) apply only if— 
‘‘(A) the type and quantity of the controlled or 
counterfeit substance violates subparagraph (A) or 
(B) of subsection (b)(1); and 
‘‘(B) the defendant was not a leader, organizer, 
manager, or supervisor, but was otherwise employed 
in a drug trafficking organization of five or more 
participants. 
‘‘(4) The penalties set forth in subsection (b)(1)(D) 
apply only if— 
‘‘(A) the type and quantity of the controlled or 
counterfeit substance does not violate subparagraph 
(A) or (B) of subsection (b)(1); and 
‘‘(B) the defendant is not a leader, organizer, 
manager, or supervisor of or otherwise employed by 
a drug trafficking organization of five or more par-
ticipants. 
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‘‘(5) The penalties set forth in section 404 shall apply 
to prosecutions under this section if— 
‘‘(A) the defendant’s conduct does not violate 
paragraphs (1) through (3); and 
‘‘(B) the defendant’s role was minor or mini-
mal. 
‘‘(6) Notwithstanding subsection (b)(1)(D), any per-
son who violates subsection (a) of this section by distrib-
uting a small amount of marijuana for no remuneration 
shall be treated as provided in section 404 and section 
3607 of title 18, United States Code.’’. 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.—Section 1010(b) of the Controlled Substances Im-
port and Export Act (21 U.S.C. 960(b)) is amended— 
(1) so that paragraph (4) reads as follows: 
‘‘(4) In the case of less than 50 kilograms of mari-
huana, except in the case of 50 or more marihuana plants 
regardless of weight, 10 kilograms of hashish, or one kilo-
gram of hashish oil, such person shall, except as provided 
in paragraphs (4) and (5) of section 401(b), be sentenced 
to a term of imprisonment of not more than 5 years, a 
fine not to exceed the greater of that authorized in accord-
ance with the provisions of title 18, United States Code, 
or $250,000, if the defendant is an individual or 
$1,000,000 if the defendant is other than an individual, 
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or both. If any person commits such a violation after a 
prior conviction for a felony drug offense has become final, 
such person shall be sentenced to a term of imprisonment 
of not more than 10 years, a fine not to exceed the greater 
of twice that authorized in accordance with the provisions 
of title 18, United States Code, or $500,000 if the defend-
ant is an individual or $2,000,000 if the defendant is other 
than an individual, or both. Notwithstanding section 3583 
of title 18, United States Code, any sentence imposing a 
term of imprisonment under this paragraph shall, in the 
absence of such a prior conviction, impose a term of super-
vised release of at least 2 years in addition to such term 
of imprisonment and shall, if there was such a prior con-
viction, impose a term of supervised release of at least 4 
years in addition to such term of imprisonment.’’; and 
(2) so that paragraph (5) reads as follows: 
‘‘(5) In the case of a violation of subsection (a) in-
volving a controlled substance in schedule III, such person 
shall be sentenced in accordance with paragraphs (1) 
through (4) of this subsection and subsection (c).’’. 
(c) CLARIFYING ORIGINAL CONGRESSIONAL INTENT 
REGARDING APPLICATION
OF CERTAIN PENALTIES.— 
Section 1010 of the Controlled Substances Import and Ex-
port Act (21 U.S.C. 960) is amended by adding at the 
end the following: 
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‘‘(e) CLARIFYING ORIGINAL CONGRESSIONAL INTENT 
REGARDING APPLICATION OF PENALTIES UNDER THE 
CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.— 
‘‘(1) The mandatory minimum penalties set 
forth in paragraph (1) of subsection (b) apply only 
if the defendant was an organizer or leader of a 
drug trafficking organization of five or more partici-
pants. 
‘‘(2) The mandatory minimum penalties set 
forth in paragraph (2) of subsection (b) apply only 
if the defendant was an organizer, leader, manager, 
or supervisor of a drug trafficking organization of 
five or more participants. 
‘‘(3) The penalties set forth in paragraph (3) of 
subsection (b) apply only if— 
‘‘(A) the type and quantity of the con-
trolled or counterfeit substance violates para-
graph (1) or (2) of subsection (b); and 
‘‘(B) the defendant was not a leader, orga-
nizer, manager, or supervisor, but was other-
wise employed in a drug trafficking organiza-
tion of five or more participants. 
‘‘(4) The penalties set forth in paragraph (4) of 
subsection (b) apply only if— 
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‘‘(A) the type and quantity of the con-
trolled or counterfeit substance does not violate 
paragraph (1) or (2) of subsection (b); and 
‘‘(B) the defendant is not a leader, orga-
nizer, manager, or supervisor of or otherwise 
employed by a drug trafficking organization of 
five or more participants. 
‘‘(5) The penalties set forth in section 404 of 
the Controlled Substances Act shall apply to pros-
ecutions under section 1010(b) of this Act if— 
‘‘(A) the defendant’s conduct does not vio-
late paragraphs (1) through (3); and 
‘‘(B) the defendant’s role was minor or 
minimal. 
‘‘(6) Notwithstanding paragraph (4) of sub-
section (b), whoever violates subsection (a) of this 
section by distributing a small amount of marijuana 
for no remuneration shall be treated as provided in 
section 404 of the Controlled Substances Act and 
section 3607 of title 18, United States Code.’’. 
(d) DEFINITIONS.—In this section and section 401(i) 
of title II: 
(1) The term ‘‘participant’’ means a person who 
is criminally responsible for the commission of the 
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offense, and does not include a law enforcement offi-
cer or a person acting on behalf of law enforcement. 
(2) The term ‘‘organizer’’ or ‘‘leader’’ is a per-
son who, over a significant period of time— 
(A) exercised primary decisionmaking au-
thority over the most significant aspects of the 
criminal activity; 
(B) engaged in significant planning of the 
acquisition or distribution of large quantities of 
drugs or sums of money for the initiation and 
commission of the offense; 
(C) recruited and paid accomplices; 
(D) delegated tasks to other participants 
on a regular basis; 
(E) received a significantly larger share of 
the proceeds of the crime than other partici-
pants; and 
(F) exercised supervisory control or au-
thority over at least four other participants who 
meet the definition of ‘‘manager’’ or ‘‘super-
visor’’ in subsection (d)(3) over a substantial 
period of time. 
(3) The term ‘‘manager’’ or ‘‘supervisor’’ is a 
person who, over a significant period of time— 
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(A) exercised some decisionmaking author-
ity over significant aspects of the criminal activ-
ity; 
(B) received a larger share of the proceeds 
of the crime than most other participants; and 
(C) provided ongoing, day-to-day super-
vision of, or specialized training to, at least four 
other participants over a substantial period of 
time. 
(e) APPLICABILITY TO OTHER CONTROLLED SUB-
STANCES
OFFENSES
DERIVING
THEIR
PENALTIES 
THEREFROM.—The amendments made by this section 
apply to any provision of law for which the penalties are 
derived from any of those sections. 
SEC. 402. MODIFICATION OF CRITERIA FOR ‘‘SAFETY 
VALVE’’ LIMITATION ON APPLICABILITY OF 
CERTAIN MANDATORY MINIMUMS. 
(a) IN GENERAL.—Section 3553(f) of title 18, United 
States Code, is amended— 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘or under any provision of law for which 
the penalties are derived from any of those sections, 
or section 924(c) of this title in relation to a drug 
trafficking crime,’’ before ‘‘the court shall impose’’; 
(2) so that paragraph (1) reads as follows: 
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‘‘(1) the defendant— 
‘‘(A) does not have a criminal history cat-
egory higher than I after any downward depar-
ture under the sentencing guidelines; 
‘‘(B) does not have— 
‘‘(i) a criminal history category higher 
than II after any downward departure 
under the sentencing guidelines; 
‘‘(ii) any prior conviction for an of-
fense that has as an element the use, at-
tempted use, or threatened use of physical 
force against the person of another; and 
‘‘(iii) the offense of conviction that 
is— 
‘‘(I) an offense under section 922 
or 924; 
‘‘(II) a sex offense (as defined in 
section 111 of the Adam Walsh Child 
Protection and Safety Act of 2006); 
‘‘(III) a Federal crime of ter-
rorism 
(as 
defined 
in 
section 
2332b(g)(5)); 
‘‘(IV) 
a 
racketeering 
offense 
under section 1962; or 
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‘‘(V) conspiring to use and invest 
illicit drug profits under section 414 
of the Controlled Substances Act; or 
‘‘(C) committed the offense as the result 
of— 
‘‘(i) mental illness, cognitive deficits, 
or a history of persistent or serious sub-
stance abuse or addiction; 
‘‘(ii) financial, emotional, or mental 
distress; 
‘‘(iii) trauma suffered while serving on 
active duty in an armed conflict zone for a 
branch of the United States military; or 
‘‘(iv) victimization stemming from any 
combination of physical, mental, emotional, 
or psychological abuse or domestic vio-
lence, if the offense was committed at the 
direction of another individual who— 
‘‘(I) was a more culpable partici-
pant in the instant offense or played 
a significantly greater role in the of-
fense; or 
‘‘(II) effectively coerced the de-
fendant’s involvement in the offense 
by means of threats or abuse either 
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personally or from any person or 
group;’’; 
(3) so that paragraph (2) reads as follows: 
‘‘(2) the defendant did not use violence or cred-
ible threats of violence in connection with the of-
fense;’’; and 
(4) so that paragraph (4) reads as follows: 
‘‘(4) the defendant was not convicted under sec-
tion 401 of the Controlled Substances Act or section 
1010(b) of the Controlled Substances Import and 
Export Act for being an organizer, leader, manager, 
or supervisor of a drug trafficking of five or more 
participants, and was not engaged in continuing 
criminal enterprise, as defined in section 408 of the 
Controlled Substances Act; and’’. 
(b) LIMITATION ON USE OF CERTAIN INFORMATION 
TO DETERMINE GUIDELINE RANGE.—Section 3553 of 
title 18, United States Code, as amended by section 
105(b)(1) of this Act, is amended further by adding at 
the end the following: 
‘‘(h) LIMITATION ON USE OF CERTAIN INFORMATION 
TO DETERMINE GUIDELINE SENTENCE.—Information 
and evidence provided by the defendant pursuant to sub-
section (f)(5) shall not be used by the court in determining 
the applicable guideline range.’’. 
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SEC. 403. CONSISTENCY IN THE USE OF PRIOR CONVIC-
TIONS FOR MANDATORY SENTENCING EN-
HANCEMENTS. 
(a) DEFINITION OF FELONY DRUG OFFENSE.—Sec-
tion 102(44) of the Controlled Substances Act (21 U.S.C. 
802(44)) is amended to read as follows: 
‘‘(44) For the purpose of increased punishment based 
on a prior conviction for a ‘felony drug offense’, the term 
‘felony drug offense’— 
‘‘(A) means an offense under Federal or State 
law that— 
‘‘(i) has as an element the knowing manu-
facture, distribution, import, export, or posses-
sion with intent to distribute a controlled sub-
stance; 
‘‘(ii) is classified by the applicable law of 
the jurisdiction as a felony for which a max-
imum term of imprisonment of 10 years or 
more is prescribed by law; and 
‘‘(iii) for which a sentence of imprisonment 
exceeding 1 year and 1 month was imposed and 
was not suspended; but 
‘‘(B) does not include an offense for which— 
‘‘(i) the conviction occurred more than 10 
years before the defendant’s commission of the 
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instant offense, excluding any period during 
which the defendant was incarcerated; 
‘‘(ii) the prosecution relating to the offense 
was ultimately dismissed, including in a case in 
which the defendant previously entered a plea 
of guilty or nolo contendere; 
‘‘(iii) the conviction has been reversed, va-
cated, set aside, or otherwise vitiated by judicial 
action; 
‘‘(iv) the conviction was expunged; 
‘‘(v) the defendant has been pardoned or 
had civil rights restored; or 
‘‘(vi) the conviction was unconstitutional 
under the caselaw of the United States Su-
preme Court in effect at the time the conviction 
occurred or after the conviction became final.’’. 
(b) DEFINITION OF FELONY DRUG TRAFFICKING 
OFFENSE.—Section 102 of the Controlled Substances Act 
(21 U.S.C. 802) is amended by adding at the end the fol-
lowing: 
‘‘(57) For the purpose of increased punishment based 
on a prior conviction for a ‘drug trafficking offense’, that 
term has the same meaning as the term ‘felony drug of-
fense’ under paragraph (44).’’. 
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(c) DEFINITIONS OF RELATED TERMS FOR CHAPTER 
44 OF
TITLE
18, UNITED
STATES
CODE.—Section 
924(e)(2) of title 18, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘means— 
’’ and all that follows through the end of the sub-
paragraph and inserting ‘‘means a ‘felony drug of-
fense’ as that term is defined in section 102(44) of 
the Controlled Substances Act;’’; 
(2) in subparagraph (B), by inserting ‘‘, for 
which a sentence of imprisonment exceeding 1 year 
and 1 month was imposed and not suspended’’ after 
‘‘adult’’; and 
(3) in subparagraph (C), by striking the period 
at the end and inserting ‘‘, but does not include a 
conviction for any offense that is not classified as a 
felony by the applicable law of the jurisdiction or is 
a conviction of the sort described in subparagraph 
(B) of section 102(44) of the Controlled Substances 
Act and does not include any finding that the de-
fendant committed an act of juvenile delinquency 
that was made more than 10 years before the de-
fendant’s commencement of the instant offense, ex-
cluding any period during which the defendant was 
incarcerated; and’’. 
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(d) REQUIREMENT OF FILING AN INFORMATION.— 
Section 924(e) of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘(3) A person may not be sentenced to in-
creased punishment under this subsection unless, be-
fore trial or entry of a guilty plea, the United States 
Attorney files an information with the court and 
serves a copy on the person or his counsel stating 
in writing the previous convictions to be relied 
upon.’’. 
(e) APPLYING EVIDENCE-BASED PRACTICES
FOR 
AGE-RELATED DECLINES IN RECIDIVISM TO CERTAIN 
PENALTIES.— 
(1) IN
GENERAL.—Section 401(b)(1) of the 
Controlled Substances Act (21 U.S.C. 841(b)(1)) is 
amended— 
(A) in subparagraph (A)— 
(i) in the flush text following clause 
(viii), by striking ‘‘life imprisonment, a 
fine’’ and inserting ‘‘imprisonment for 35 
years, a fine’’; and 
(ii) in the flush text following clause 
(viii), by striking ‘‘term of life imprison-
ment without release’’ and inserting ‘‘im-
prisonment for 35 years’’; 
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(B) in subparagraph (B), in the flush text 
following clause (viii), by striking ‘‘life impris-
onment, a fine’’ and inserting ‘‘imprisonment 
for 35 years, a fine’’; and 
(C) in subparagraph (C), by striking ‘‘life 
imprisonment, a fine’’ and inserting ‘‘imprison-
ment for 35 years, a fine’’. 
(2) RETROACTIVE EFFECT.—The amendments 
made by this subsection apply with respect to convic-
tions occurring before, on, or after the date of the 
enactment of this Act. 
(f) PROCEDURES RELATED TO SEEKING ENHANCED 
DRUG PENALTIES
FOR DRUG TRAFFICKING.—Section 
411 of the Controlled Substances Act (21 U.S.C. 851) is 
amended by striking paragraph (2) of subsection (a) and 
inserting the following: 
‘‘(2) No person who is convicted of an offense under 
this part shall be sentenced to increased punishment by 
reason of a prior conviction if— 
‘‘(A) except as provided in paragraph (4), the 
Government fails, before trial, or before entry of a 
plea of guilty, to file an information with the court 
and serves a copy of such information on the person 
or counsel for that person, stating any previous con-
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viction upon which the Government intends to rely 
for the enhanced penalty; 
‘‘(B) the person was not convicted as alleged in 
the information; 
‘‘(C) the conviction is for simple possession of 
a controlled substance, the offense was classified as 
a misdemeanor under the law of the jurisdiction in 
which the proceedings were held, or the proceedings 
resulted in a disposition that was not deemed a con-
viction under that law; 
‘‘(D) the conviction has been dismissed, ex-
punged, vacated, or set aside, or for which the per-
son has been pardoned or has had civil rights re-
stored; 
‘‘(E) the conviction is invalid; or 
‘‘(F) the person is otherwise not subject to an 
increased sentence as a matter of law. 
‘‘(3) An information may not filed under this sec-
tion— 
‘‘(A) if the increased punishment which may be 
imposed is imprisonment for a term in excess of 
three years unless the person either waived or was 
afforded prosecution by indictment for the offense 
for which such increased punishment may be im-
posed; or 
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‘‘(B) more than 10 years after the date the 
judgment for the prior conviction was entered, ex-
cluding any period during which the defendant was 
incarcerated. 
‘‘(4) Upon a showing by the Government that facts 
regarding prior convictions could not with due diligence 
be obtained prior to trial or before entry of a plea of guilty, 
the court may postpone the trial or the taking of the plea 
of guilty for a reasonable period for the purpose of obtain-
ing those facts. 
‘‘(5) Clerical mistakes in the information, or in the 
underlying conviction records, may be amended at any 
time prior to the pronouncement of the sentence. 
‘‘(6) The Government shall bear the burden of proof 
beyond a reasonable doubt regarding the existence and ac-
curacy of any prior conviction alleged. 
‘‘(7) The person with respect to whom the informa-
tion was filed may challenge a prior conviction before sen-
tence is imposed. 
‘‘(8) If a prior conviction that was a basis for in-
creased punishment under this part has been vacated in 
any State or Federal proceeding, or is for an offense that 
no longer qualifies as a felony drug offense under United 
States Supreme Court or relevant circuit caselaw, the per-
son shall be resentenced to any sentence available under 
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the law at the time of resentencing, not to exceed the origi-
nal sentence.’’. 
(g) INFORMATION FILED BY UNITED STATES AT-
TORNEY.—Paragraph (4) of section 3559(c) of title 18, 
United States Code, is amended to read as follows: 
‘‘(4) INFORMATION FILED BY UNITED STATES 
ATTORNEY.—A person may not be sentenced to in-
creased punishment under this subsection unless, be-
fore trial or entry of a guilty plea, the United States 
Attorney files an information with the court and 
serves a copy on the person or his counsel stating 
in writing the previous convictions to be relied 
upon.’’. 
(h) RESENTENCING.—Section 3559(c)(7) of title 18, 
United States Code, is amended by inserting ‘‘not to ex-
ceed the original sentence’’ before the period at the end. 
SEC. 404. CLARIFICATION OF APPLICABILITY OF THE FAIR 
SENTENCING ACT. 
(a) DEFENDANTS
PREVIOUSLY
SENTENCED.—A 
court that imposed a sentence for a covered offense, may, 
on motion of the defendant, the Director of the Bureau 
of Prisons, the attorney for the Government, or the court, 
impose a reduced sentence as if sections 2 and 3 of the 
Fair Sentencing Act of 2010 were in effect at the time 
the covered offense was committed. 
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(b) DEFINITION OF COVERED OFFENSE.—In this 
section, the term ‘‘covered offense’’ means a violation of 
a Federal criminal statute, the statutory penalties for 
which were modified by section 2 or 3 of the Fair Sen-
tencing Act of 2010 (Public Law 111–220; 124 Stat. 
2372), that was committed before August 3, 2010. 
SEC. 405. ELIGIBILITY FOR RESENTENCING BASED ON 
CHANGES IN LAW. 
Section 3582(c) of title 18, United States Code, is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) in the case of a defendant who was sen-
tenced to a term of imprisonment for an offense for 
which the minimum or maximum term of imprison-
ment was subsequently reduced as a result of the 
amendments made by the Sensenbrenner-Scott 
SAFE Justice Reinvestment Act of 2015, upon mo-
tion of the defendant, counsel for the defendant, 
counsel for the Government, or the Director of the 
Bureau of Prisons, or, on its own motion, the court 
may reduce the term of imprisonment consistent 
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with that reduction, after considering the factors set 
forth in subsections (a) and (d) through (g) of sec-
tion 3553 to the extent applicable. If the court does 
grant a sentence reduction, the reduced sentence 
shall not be less than permitted under current statu-
tory law. If the court denies a motion made under 
this paragraph, the movant may file another motion 
under this subsection, not earlier than 5 years after 
each denial, which may be granted if the offender 
demonstrates the offender’s compliance with recidi-
vism-reduction programming or other efforts the of-
fender has undertaken to improve the likelihood of 
successful re-entry and decrease any risk to public 
safety posed by the defendant’s release.’’. 
SEC. 406. DIRECTIVES TO THE SENTENCING COMMISSION. 
(a) GENERALLY.—Pursuant to its authority under 
section 994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sentencing 
Commission shall review and amend, if appropriate, its 
guidelines and its policy statements applicable to persons 
convicted of an offense under the Controlled Substances 
Act (21 U.S.C. 801 et seq.), the Controlled Substances 
Import and Export Act (21 U.S.C. 951 et seq.), or any 
offense deriving its penalties therefrom to ensure that the 
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guidelines and policy statements are consistent with the 
amendments made by this title. 
(b) CONSIDERATIONS.—In carrying out this section, 
the United States Sentencing Commission shall con-
sider— 
(1) the mandate of the United States Sen-
tencing Commission, under section 994(g) of title 
28, United States Code, to formulate the sentencing 
guidelines in such a way as to ‘‘minimize the likeli-
hood that the Federal prison population will exceed 
the capacity of the Federal prisons’’; 
(2) the relevant public safety concerns; 
(3) the intent of Congress that violent, repeat, 
and high-level drug traffickers who present public 
safety risks receive sufficiently severe sentences; 
(4) the fiscal implications of any amendments 
or revisions to the sentencing guidelines or policy 
statements made by the United States Sentencing 
Commission; and 
(5) the need to reduce and prevent racial dis-
parities in Federal sentencing. 
(c) GENERAL INSTRUCTION TO SENTENCING COM-
MISSION.—Section 994(h) of title 28, United States Code, 
is amended to read as follows: 
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‘‘(h) The Commission shall ensure that the guidelines 
specify a sentence to a term of imprisonment at or near 
the maximum term authorized for categories of defendants 
in which the defendant is 18 years old or older and— 
‘‘(1) has been convicted of a felony that is— 
‘‘(A) a violent felony as defined in section 
924(e)(2)(B) of title 18; or 
‘‘(B) an offense under— 
‘‘(i) section 401 of the Controlled 
Substances Act; 
‘‘(ii) section 1002(a), 1005, or 1009 
of the Controlled Substances Import and 
Export Act; or 
‘‘(iii) chapter 705 of title 46, United 
States Code; and 
‘‘(2) has previously been convicted of two or 
more prior offenses, each of which is— 
‘‘(A) classified by the applicable law of the 
relevant jurisdiction as a felony; 
‘‘(B) is a felony as defined in section 
102(13); and 
‘‘(C)(i) a violent felony as defined in sec-
tion 924(e)(2)(B) of title 18; or 
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‘‘(ii) a felony drug offense as defined in 
section 102(44) of the Controlled Substances 
Act.’’. 
Subtitle B—Expanding the Ability 
To Apply for Compassionate Re-
lease 
SEC. 411. ABILITY TO PETITION FOR RELEASE TO EX-
TENDED SUPERVISION FOR CERTAIN PRIS-
ONERS 
WHO 
ARE 
MEDICALLY 
INCAPACI-
TATED, GERIATRIC, OR CAREGIVER PARENTS 
OF MINOR CHILDREN AND WHO DO NOT 
POSE PUBLIC SAFETY RISKS. 
(a) ELIGIBILITY.—Subparagraph (A) of section 
3582(c)(1) of title 18, United States Code, is amended 
to read as follows: 
‘‘(A) the court, upon motion of the defend-
ant, the Director of the Bureau of Prisons, or 
on its own motion, may reduce the term of im-
prisonment after considering the factors set 
forth in section 3553(a) to the extent they are 
applicable, if it finds that— 
‘‘(i) extraordinary and compelling rea-
sons warrant such a reduction; or 
‘‘(ii) the defendant— 
‘‘(I) is at least 60 years of age; 
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‘‘(II) has an extraordinary health 
condition; or 
‘‘(III) has been notified that— 
‘‘(aa) the primary caregiver 
of the defendant’s biological or 
adopted child under the age of 18 
has died or has become medi-
cally, mentally, or psychologically 
incapacitated; 
‘‘(bb) is unable to care for 
the child any longer; and 
‘‘(cc) other family members 
or caregivers are unable to care 
for the child, such that the child 
is at risk of being placed in the 
foster care system; and’’. 
(b) INELIGIBILITY AND PROCEDURE.—Section 3582 
of title 18, United States Code, is amended by adding at 
the end the following: 
‘‘(e) INELIGIBILITY.—No prisoner is eligible for a 
modification of sentence under subsection (c)(1)(A) if the 
prisoner is serving a sentence of imprisonment for any of 
the following offenses: 
‘‘(1) A Federal conviction for homicide in which 
the prisoner was proven beyond a reasonable doubt 
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to have had the intent to cause death and death re-
sulted. 
‘‘(2) A Federal crime of terrorism, as defined 
under section 2332b(g)(5). 
‘‘(3) A Federal sex offense, as described in sec-
tion 111 of the Sex Offender Registration and Noti-
fication Act (42 U.S.C. 16911). 
‘‘(f) REQUIREMENTS
FOR CERTAIN MOTIONS.—If 
the prisoner makes a motion under subsection (c)(1)(A) 
on the basis of an extraordinary health condition or the 
death or incapacitation of the primary caregiver of the 
prisoner’s minor child, that prisoner shall provide docu-
mentation, as the case may be— 
‘‘(1) setting forth a relevant diagnosis regard-
ing the extraordinary health condition; or 
‘‘(2) that— 
‘‘(A) 
the 
requirements 
of 
subsection 
(c)(1)(A)(ii)(III) are met; and 
‘‘(B) the prisoner’s release— 
‘‘(i) is in the best interest of the child; 
and 
‘‘(ii) would not endanger public safety. 
‘‘(g) PROCEDURE FOR COURT DETERMINATION.—(1) 
Upon receipt of a prisoner’s motion under subsection 
(c)(1)(A), the court, after obtaining relevant contact infor-
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mation from the Attorney General, shall send notice of the 
motion to the victim or victims, or appropriate surviving 
relatives of a deceased victim, of the crime committed by 
the prisoner. The notice shall inform the victim or victims 
or surviving relatives of a deceased victim of how to pro-
vide a statement prior to a determination by the court on 
the motion. 
‘‘(2) Not later than 60 days after receiving a pris-
oner’s motion for modification under subsection (c)(1)(A), 
the court shall hold a hearing on the motion if the motion 
has not been granted. 
‘‘(3) The court shall grant the modification under 
subsection (c)(1)(A) if the court determines that— 
‘‘(A) the prisoner meets the criteria pursuant to 
section (c)(1)(A); and 
‘‘(B) there is a low likelihood that the prisoner 
will pose a risk to public safety. 
‘‘(4) In determining a prisoner’s motion for a modi-
fication of sentence under subsection (c)(1)(A) the court 
shall consider the following: 
‘‘(A) The age of the prisoner and years served 
in prison. 
‘‘(B) The criminogenic needs and risk factors of 
the offender. 
‘‘(C) The prisoner’s behavior in prison. 
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‘‘(D) An evaluation of the prisoner’s community 
and familial bonds. 
‘‘(E) An evaluation of the prisoner’s health. 
‘‘(F) A victim statement, if applicable, pursuant 
to paragraph (1). 
‘‘(h) ACTIONS WITH RESPECT TO SUCCESSFUL MO-
TION.—If the court grants the prisoner’s motion pursuant 
to subsection (c)(1)(A), the court shall— 
‘‘(1) reduce the term of imprisonment for the 
prisoner in a manner that provides for the release of 
the prisoner not later than 30 days after the date 
on which the prisoner was approved for sentence 
modification; 
‘‘(2) modify the remainder of the term of im-
prisonment to home confinement or residential re- 
entry confinement with or without electronic moni-
toring; or 
‘‘(3) lengthen or impose a term of supervised 
release so that it expires on the same date as if the 
defendant received no relief under subsection 
(c)(1)(A). 
‘‘(i) SUBSEQUENT MOTIONS.—If the court denies a 
prisoner’s motion pursuant to subsection (c)(1)(A), the 
prisoner may not file another motion under subsection 
(c)(1)(A) earlier than one year after the date of denial. 
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If the court denies the motion due to incorrect legal con-
clusions or facts or other mistakes by the court, probation 
officer, or counsel, the prisoner may file another motion 
under that subsection without regard to this limitation. 
‘‘(j) DEFINITION.—In this section, the term ‘extraor-
dinary health conditions’ means a condition afflicting a 
person, such as infirmity, significant disability, or a need 
for advanced medical treatment or services not readily or 
reasonably available within the correctional institution.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect 1 year after the date of the enact-
ment of this Act. 
Subtitle C—Clarification of Con-
gressional Intent on Certain Re-
cidivist Penalties 
SEC. 421. AMENDMENTS TO ENHANCED PENALTIES PROVI-
SION. 
Section 924(c) of title 18, United States Code, is 
amended— 
(1) in paragraph (1)(C), by striking, ‘‘In the 
case of a second or subsequent conviction under this 
subsection’’ and inserting ‘‘If a person is convicted 
under this subsection after a prior conviction under 
this subsection has become final’’; and 
(2) by adding at the end the following: 
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‘‘(6) In this subsection, the term ‘during and in rela-
tion to’ does not include any possession not on the person 
of, or within arm’s reach and otherwise readily and imme-
diately accessible to the defendant at the time and place 
of the offense.’’. 
TITLE V—IMPLEMENTING EVI-
DENCE-BASED PRACTICES TO 
REDUCE RECIDIVISM 
Subtitle A—Revision of Statutory 
Sentence Credits 
SEC. 501. DELIVERY AND INCENTIVES TO COMPLETE IN- 
PRISON RECIDIVISM REDUCTION PROGRAM-
MING. 
(a) IN GENERAL.—Section 3621(e) of title 18, 
United States Code, is amended to read as follows: 
‘‘(e) IN-PRISON PROGRAMMING.— 
‘‘(1) IN-PRISON
PROGRAMMING.—In order to 
carry out the requirement of subsection (b) that 
every prisoner with a substance abuse problem have 
the opportunity to participate in appropriate sub-
stance abuse treatment, and to address the 
criminogenic needs of Federal offenders more gen-
erally, the Director of the Bureau of Prisons shall, 
subject to the availability of appropriations— 
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‘‘(A) provide residential substance abuse 
treatment for all eligible offenders, with priority 
for such treatment accorded based on eligible 
prisoners’ proximity to release date; 
‘‘(B) provide cognitive-based therapy for 
all eligible offenders; 
‘‘(C) 
provide 
workforce 
development 
through participation in the Federal Prison In-
dustries; and 
‘‘(D) provide vocational and occupational 
training. 
‘‘(2) INCENTIVES FOR PRISONER’S SUCCESSFUL 
COMPLETION OF PROGRAMMING.— 
‘‘(A) Any prisoner who in the judgment of 
the Director of the Bureau of Prisons has suc-
cessfully completed a program of residential 
substance abuse treatment or cognitive behav-
ioral therapy provided under paragraph (1) of 
this subsection, shall be eligible for a reduction 
of incarceration by up to one year. 
‘‘(B) Any prisoner who, in the judgment of 
the Director of the Bureau of Prisons, has com-
pleted at least 30 days of work for Federal 
Prison Industries or vocational and occupa-
tional training shall be eligible to have the total 
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period of incarceration reduced by up to the 
total number of days of work for Federal Pris-
on Industries or vocational and occupational 
training, but not to exceed one year. 
‘‘(3) RESTRICTIONS
ON
REDUCTIONS
IN
THE 
PERIOD OF CUSTODY.—Reductions in the period of 
incarceration earned under paragraph (2) of this 
subsection shall not exceed one year.’’. 
(b) CORRESPONDING AMENDMENTS
TO EXISTING 
LAW.—Section 3624(a) of title 18, United States Code, 
is amended by striking ‘‘as provided in subsection (b)’’ 
and inserting ‘‘as provided in subsection (b) and section 
3621(e) and section 3621A(f)(3)’’. 
(c) TRANSITION.—The amendments made by this 
section shall take effect on the date not later than 1 year 
after the date of the enactment of this section. 
SEC. 502. POSTSENTENCING RISK AND NEEDS ASSESSMENT 
SYSTEM AND IN-PRISON RECIDIVISM REDUC-
TION PROGRAMMING. 
(a) DEVELOPMENT OF SYSTEM.— 
(1) GENERALLY.—Not later than one year after 
the date of the enactment of this section, the Attor-
ney General shall develop an offender risk and needs 
assessment system, which shall— 
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(A) assess and determine the criminogenic 
needs and risk factors of all admitted offenders; 
(B) be used to assign each prisoner to ap-
propriate recidivism reduction programs or pro-
ductive activities based on the prisoner’s spe-
cific criminogenic needs and risk factors; and 
(C) in accordance with section 3621(f) of 
title 18, United States Code, document eligible 
prisoners’ required recidivism reduction pro-
grams or productive activities in a case plan 
and their progress in completing the elements 
of that case plan. 
(2) RESEARCH AND BEST PRACTICES.—In de-
signing the Assessment System, the Attorney Gen-
eral shall use available research and best practices in 
the field and consult with academic and other crimi-
nal justice experts as appropriate. 
(3) RISK AND NEEDS ASSESSMENT TOOL.—In 
carrying out this subsection, the Attorney General 
shall prescribe a suitable intake assessment tool to 
be used in carrying out subparagraphs (A) and (B) 
of paragraph (1), and suitable procedures to com-
plete the documentation described in subparagraph 
(C) of paragraph (1). The Attorney General shall 
ensure that the assessment tool produces consistent 
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results when administered by different people, in 
recognition of the need to ensure interrater reli-
ability. 
(4) VALIDATION.—In carrying out this sub-
section, the Attorney General shall statistically vali-
date the assessment tool on the Federal prison popu-
lation not later than 2 years after the date of the 
enactment of this subsection. 
(b) USE OF RISK AND NEEDS ASSESSMENT SYSTEM 
BY BUREAU OF PRISONS.—Subchapter C of chapter 229 
of title 18, United States Code, is amended by inserting 
after section 3621 the following: 
‘‘§ 3621A. Postsentencing risk and needs assessment 
system 
‘‘(a) ASSIGNMENT OF RECIDIVISM REDUCTION PRO-
GRAMS OR PRODUCTIVE ACTIVITIES.—In recognition that 
some activities or excessive programming may be counter-
productive for some prisoners, the Attorney General may 
provide guidance to the Director of the Bureau of Prisons 
on the quality and quantity of recidivism reduction pro-
gramming or productive activities that are both appro-
priate and effective for each prisoner. 
‘‘(b) BUREAU OF PRISONS TRAINING.—The Attorney 
General shall develop protocols and programs for Bureau 
of Prisons personnel responsible for using the Post-Sen-
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tencing Risk and Needs Assessment System (hereinafter 
in the section referred to as the ‘Assessment System’) cre-
ated under the Sensenbrenner-Scott SAFE Justice Rein-
vestment Act of 2015. Such training protocols shall in-
clude a requirement that such personnel demonstrate com-
petence in administering the assessment tool, including 
interrater reliability, on a biannual basis. 
‘‘(c) QUALITY ASSURANCE.—In order to ensure that 
the Director of the Bureau of Prisons is using the Assess-
ment System in an appropriate and consistent manner, 
the Attorney General, the Government Accountability Of-
fice, and the Office of the Inspector General shall monitor 
and assess the use of the Assessment System and shall 
conduct separate and independent periodic audits of the 
use of the Assessment System at Bureau of Prisons facili-
ties. 
‘‘(d) EVIDENCE-BASED ASSESSMENT SYSTEM AND 
RECIDIVISM REDUCTION PROGRAMMING.— 
‘‘(1) IN GENERAL.—The Director of the Bureau 
of Prisons shall develop a case plan that targets the 
criminogenic needs and risk factors of each eligible 
prisoner— 
‘‘(A) to guide the prisoner’s rehabilitation 
while incarcerated; and 
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‘‘(B) to reduce the likelihood of recidivism 
after release. 
‘‘(2) CASE PLANS.— 
‘‘(A) CONTENT.—Not later than 30 days 
after a prisoner’s initial admission, the Director 
of the Bureau of Prisons shall complete a case 
plan for that prisoner. The plan shall— 
‘‘(i) include programming and treat-
ment requirements based on the prisoner’s 
identified criminogenic needs and risk fac-
tors, as determined by the assessment sys-
tem; 
‘‘(ii) ensure that a prisoner whose 
criminogenic needs and risk factors do not 
warrant recidivism reduction programming 
participates in and successfully complies 
with productive activities, including prison 
jobs; and 
‘‘(iii) ensure that each eligible pris-
oner participates in and successfully com-
plies with recidivism reduction program-
ming or productive activities, including 
prison jobs, throughout the entire term of 
incarceration of the prisoner. 
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