‘‘(xxi) Section 2119(3), relating to 
taking a motor vehicle (commonly referred 
to as ‘carjacking’) that results in death. 
‘‘(xxii) Any section of chapter 105, re-
lating to sabotage, except for section 2152. 
‘‘(xxiii) Any section of chapter 109A, 
relating to sexual abuse, except that with 
regard to section 2244, only a conviction 
under subsection (c) of that section (relat-
ing to abusive sexual contact involving 
young children) shall make a prisoner in-
eligible under this subparagraph. 
‘‘(xxiv) Section 2251, relating to the 
sexual exploitation of children. 
‘‘(xxv) Section 2251A, relating to the 
selling or buying of children. 
‘‘(xxvi) 
Any 
of 
paragraphs 
(1) 
through (3) of section 2252(a), relating to 
certain activities relating to material in-
volving the sexual exploitation of minors. 
‘‘(xxvii) A second or subsequent con-
viction under any of paragraphs (1) 
through (6) of section 2252A(a), relating 
to certain activities relating to material
constituting or containing child pornog-
raphy. 
‘‘(xxviii) Section 2260, relating to the 
production of sexually explicit depictions of 
a minor for importation into the United 
States. 
‘‘(xxix) Section 2283, relating to the 
transportation 
of 
explosive, 
biological, 
chemical, or radioactive or nuclear mate-
rials. 
‘‘(xxx) Section 2284, relating to the 
transportation of terrorists. 
‘‘(xxxi) Section 2291, relating to the 
destruction of a vessel or maritime facility, 
but only if the conduct which led to the 
conviction involved a substantial risk of 
death or serious bodily injury. 
‘‘(xxxii) Any section of chapter 113B, 
relating to terrorism. 
‘‘(xxxiii) Section 2340A, relating to 
torture. 
‘‘(xxxiv) Section 2381, relating to 
treason. 
‘‘(xxxv) Section 2442, relating to the 
recruitment or use of child soldiers.
‘‘(xxxvi) Section 57(b) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2077(b)), 
relating to the engagement or participation 
in the development or production of special 
nuclear material. 
‘‘(xxxvii) Section 92 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2122), re-
lating to prohibitions governing atomic 
weapons. 
‘‘(xxxviii) Section 101 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2131), re-
lating to the atomic energy license require-
ment. 
‘‘(xxxix) Section 224 or 225 of the 
Atomic Energy Act of 1954 (42 U.S.C. 
2274, 2275), relating to the communica-
tion or receipt of restricted data. 
‘‘(xl) Section 236 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2284), relat-
ing to the sabotage of nuclear facilities or 
fuel. 
‘‘(xli) Section 60123(b) of title 49, 
United States Code, relating to damaging 
or destroying a pipeline facility, but only if 
the conduct which led to the conviction in-
volved a substantial risk of death or seri-
ous bodily injury. 
‘‘(xlii) Section 401(a) of the Con-
trolled Substances Act (21 U.S.C. 841), 
relating to manufacturing or distributing a 
controlled substance, but only in the case 
of a conviction for an offense described in 
subparagraph (A), (B), or (C) of sub-
section (b)(1) of that section for which 
death or serious bodily injury resulted 
from the use of such substance. 
‘‘(xliii) Section 276(a) of the Immi-
gration and Nationality Act (8 U.S.C. 
1326), relating to the reentry of a removed 
alien, but only if the alien is described in 
paragraph (1) or (2) of subsection (b) of 
that section. 
‘‘(xliv) Any section of the Export Ad-
ministration Act of 1979 (50 U.S.C. App. 
2401 et seq.) 
‘‘(xlv) Section 206 of the Inter-
national Emergency Economic Powers Act 
(50 U.S.C. 1705). 
‘‘(xlvi) Section 601 of the National 
Security Act of 1947 (50 U.S.C. 3121), re-
lating to the protection of identities of cer-
tain United States undercover intelligence 
officers, agents, informants, and sources. 
‘‘(xlvii) An offense described in sec-
tion 3559(c)(2)(F), for which the offender 
was sentenced to a term of imprisonment 
of more than one year, if the offender has 
a previous conviction, for which the of-
fender served a term of imprisonment of 
more than one year, for a Federal or State 
offense, by whatever designation and wher-
ever committed, consisting of murder (as 
described in section 1111), voluntary man-
slaughter (as described in section 1112), 
assault with intent to commit murder (as 
described in section 113(a)), aggravated 
sexual abuse and sexual abuse (as de-
scribed in sections 2241 and 2242), abu-
sive sexual contact (as described in sec-
tions 2244(a)(1) and (a)(2)), kidnapping 
(as described in chapter 55), carjacking 
(as described in section 2119), arson (as 
described in section 844(f)(3), (h), or (i)), 
or terrorism (as described in chapter 
113B).
‘‘(xlviii) Section 2118(c)(2) of title 18, 
United States Code, relating to robberies 
and burglaries involving controlled sub-
stances resulting in death. 
‘‘(5) RISK
REASSESSMENTS
AND
LEVEL
AD-
JUSTMENT.—A prisoner who successfully partici-
pates in evidence-based recidivism reduction pro-
gramming or productive activities shall receive peri-
odic risk reassessments not less often than annually, 
and a prisoner determined to be at a medium or 
high risk of recidivating and who has less than 5 
years until his or her projected release date shall re-
ceive more frequent risk reassessments. If the reas-
sessment 
shows 
that 
the 
prisoner’s 
risk 
of 
recidivating or specific needs have changed, the Bu-
reau of Prisons shall update the determination of 
the prisoner’s risk of recidivating or information re-
garding the prisoner’s specific needs and reassign 
the prisoner to appropriate evidence-based recidivism 
reduction programming or productive activities 
based on such changes. 
‘‘(6) RELATION
TO
OTHER
INCENTIVE
PRO-
GRAMS.—The incentives described in this subsection 
shall be in addition to any other rewards or incen-
tives for which a prisoner may be eligible.
‘‘(e) PENALTIES.—The Director of the Bureau of 
Prisons shall develop guidelines for the reduction of re-
wards and incentives earned under subsection (e) for pris-
oners who violate prison rules or evidence-based recidivism 
reduction program or productive activity rules, which shall 
provide— 
‘‘(1) general levels of violations and resulting 
reductions; 
‘‘(2) that any reduction that includes the loss of 
time credits shall require written notice to the pris-
oner, shall be limited to time credits that a prisoner 
earned as of the date of the prisoner’s rule violation, 
and shall not include any future time credits that 
the prisoner may earn; and 
‘‘(3) for a procedure to restore time credits that 
a prisoner lost as a result of a rule violation based 
on the prisoner’s individual progress after the date 
of the rule violation. 
‘‘(f) BUREAU OF PRISONS TRAINING.—The Attorney 
General shall develop and implement training programs 
for Bureau of Prisons officers and employees responsible 
for administering the System, which shall include— 
‘‘(1) initial training to educate officers and em-
ployees on how to use the System in an appropriate
and consistent manner, as well as the reasons for 
using the System; 
‘‘(2) continuing education; 
‘‘(3) periodic training updates; and 
‘‘(4) a requirement that such officers and em-
ployees demonstrate competence in administering 
the System, including interrater reliability, on a bi-
annual basis. 
‘‘(g) QUALITY ASSURANCE.—In order to ensure that 
the Bureau of Prisons is using the System in an appro-
priate and consistent manner, the Attorney General shall 
monitor and assess the use of the System, which shall in-
clude conducting annual audits of the Bureau of Prisons 
regarding the use of the System. 
‘‘§ 3633. Evidence-based recidivism reduction pro-
gram and recommendations 
‘‘Prior to releasing the System, the Attorney General 
shall— 
‘‘(1) review the effectiveness of evidence-based 
recidivism reduction programs that exist as of the 
date of the enactment of this subchapter in prisons 
operated by the Bureau of Prisons; 
‘‘(2) review available information regarding the 
effectiveness of evidence-based recidivism reduction 
programs and productive activities that exist in
State-operated 
prisons 
throughout 
the 
United 
States; 
‘‘(3) identify the most effective evidence-based 
recidivism reduction programs; 
‘‘(4) review the policies for entering into evi-
dence-based recidivism reduction partnerships de-
scribed in section 3621(h)(5); and 
‘‘(5) direct the Bureau of Prisons regarding— 
‘‘(A) evidence-based recidivism reduction 
programs; 
‘‘(B) the ability for faith-based organiza-
tions to function as a provider of educational 
evidence-based programs outside of the religious 
classes and services provided through the Chap-
laincy; and 
‘‘(C) the addition of any new effective evi-
dence-based recidivism reduction programs that 
the Attorney General finds. 
‘‘§ 3634. Report 
‘‘Beginning on the date that is 2 years after the date 
of the enactment of this subchapter, and annually there-
after for a period of 5 years, the Attorney General shall 
submit a report to the Committees on the Judiciary of 
the Senate and the House of Representatives and the Sub-
committees on Commerce, Justice, Science, and Related
Agencies of the Committees on Appropriations of the Sen-
ate and the House of Representatives that contains the 
following: 
‘‘(1) A summary of the activities and accom-
plishments of the Attorney General in carrying out 
this Act. 
‘‘(2) A summary and assessment of the types 
and effectiveness of the evidence-based recidivism re-
duction programs and productive activities in prisons 
operated by the Bureau of Prisons, including— 
‘‘(A) evidence about which programs have 
been shown to reduce recidivism; 
‘‘(B) the capacity of each program and ac-
tivity at each prison, including the number of 
prisoners along with the recidivism risk of each 
prisoner enrolled in each program; and 
‘‘(C) identification of any gaps or short-
ages in capacity of such programs and activi-
ties. 
‘‘(3) Rates of recidivism among individuals who 
have been released from Federal prison, based on 
the following criteria: 
‘‘(A) The primary offense of conviction. 
‘‘(B) The length of the sentence imposed 
and served.
‘‘(C) The Bureau of Prisons facility or fa-
cilities in which the prisoner’s sentence was 
served. 
‘‘(D) The evidence-based recidivism reduc-
tion programming that the prisoner successfully 
completed, if any. 
‘‘(E) The prisoner’s assessed and reas-
sessed risk of recidivism. 
‘‘(F) The productive activities that the 
prisoner successfully completed, if any. 
‘‘(4) The status of prison work programs at fa-
cilities operated by the Bureau of Prisons, includ-
ing— 
‘‘(A) a strategy to expand the availability 
of such programs without reducing job opportu-
nities for workers in the United States who are 
not in the custody of the Bureau of Prisons, in-
cluding the feasibility of prisoners manufac-
turing products purchased by Federal agencies 
that are manufactured overseas; 
‘‘(B) an assessment of the feasibility of ex-
panding such programs, consistent with the 
strategy required under subparagraph (A), with 
the goal that 5 years after the date of enact-
ment of this Act, not less than 75 percent of el-
igible minimum and low risk offenders have the 
opportunity to participate in a prison work pro-
gram for not less than 20 hours per week; and 
‘‘(C) a detailed discussion of legal authori-
ties that would be useful or necessary to achieve 
the goals described in subparagraphs (A) and 
(B). 
‘‘(5) An assessment of the Bureau of Prisons’ 
compliance with section 3621(h). 
‘‘(6) An assessment of progress made toward 
carrying out the purposes of this subchapter, includ-
ing any savings associated with— 
‘‘(A) 
the 
transfer 
of 
prisoners 
into 
prerelease custody under section 3624(g) in-
cluding savings resulting from the avoidance or 
deferral of future construction, acquisition, and 
operations costs; and 
‘‘(B) any decrease in recidivism that may 
be attributed to the System or the increase in 
evidence-based recidivism reduction programs 
required under chapter. 
‘‘(7) Recommendations for how to reinvest any 
savings into other Federal, State, and local law en-
forcement activities and evidence-based recidivism 
reduction programs in the Bureau of Prisons.