An act to reauthorize and amend the Marine Debris Act to promote international action to reduce marine debris, and for other purposes
PL 115-391 (S.756), enacted 12/21/2018

132 STAT. 5194 
PUBLIC LAW 115–391—DEC. 21, 2018 
Public Law 115–391 
115th Congress 
An Act 
To reauthorize and amend the Marine Debris Act to promote international action 
to reduce marine debris, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘First Step 
Act of 2018’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—RECIDIVISM REDUCTION 
Sec. 101. Risk and needs assessment system. 
Sec. 102. Implementation of system and recommendations by Bureau of Prisons. 
Sec. 103. GAO report. 
Sec. 104. Authorization of appropriations. 
Sec. 105. Rule of construction. 
Sec. 106. Faith-based considerations. 
Sec. 107. Independent Review Committee. 
TITLE II—BUREAU OF PRISONS SECURE FIREARMS STORAGE 
Sec. 201. Short title. 
Sec. 202. Secure firearms storage. 
TITLE III—RESTRAINTS ON PREGNANT PRISONERS PROHIBITED 
Sec. 301. Use of restraints on prisoners during the period of pregnancy and 
postpartum recovery prohibited. 
TITLE IV—SENTENCING REFORM 
Sec. 401. Reduce and restrict enhanced sentencing for prior drug felonies. 
Sec. 402. Broadening of existing safety valve. 
Sec. 403. Clarification of section 924(c) of title 18, United States Code. 
Sec. 404. Application of Fair Sentencing Act. 
TITLE V—SECOND CHANCE ACT OF 2007 REAUTHORIZATION 
Sec. 501. Short title. 
Sec. 502. Improvements to existing programs. 
Sec. 503. Audit and accountability of grantees. 
Sec. 504. Federal reentry improvements. 
Sec. 505. Federal interagency reentry coordination. 
Sec. 506. Conference expenditures. 
Sec. 507. Evaluation of the Second Chance Act program. 
Sec. 508. GAO review. 
TITLE VI—MISCELLANEOUS CRIMINAL JUSTICE 
Sec. 601. Placement of prisoners close to families. 
Sec. 602. Home confinement for low-risk prisoners. 
Sec. 603. Federal prisoner reentry initiative reauthorization; modification of im-
posed term of imprisonment. 
18 USC 1 note. 
First Step Act of 
2018. 
Dec. 21, 2018 
[S. 756] 
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132 STAT. 5195 
PUBLIC LAW 115–391—DEC. 21, 2018 
Sec. 604. Identification for returning citizens. 
Sec. 605. Expanding inmate employment through Federal Prison Industries. 
Sec. 606. De-escalation training. 
Sec. 607. Evidence-Based treatment for opioid and heroin abuse. 
Sec. 608. Pilot programs. 
Sec. 609. Ensuring supervision of released sexually dangerous persons. 
Sec. 610. Data collection. 
Sec. 611. Healthcare products. 
Sec. 612. Adult and juvenile collaboration programs. 
Sec. 613. Juvenile solitary confinement. 
TITLE I—RECIDIVISM REDUCTION 
SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM. 
(a) IN GENERAL.—Chapter 229 of title 18, United States Code, 
is amended by inserting after subchapter C the following: 
‘‘SUBCHAPTER D—RISK AND NEEDS ASSESSMENT SYSTEM 
‘‘Sec. 
‘‘3631. Duties of the Attorney General. 
‘‘3632. Development of risk and needs assessment system. 
‘‘3633. Evidence-based recidivism reduction program and recommendations. 
‘‘3634. Report. 
‘‘3635. Definitions. 
‘‘§ 3631. Duties of the Attorney General 
‘‘(a) IN GENERAL.—The Attorney General shall carry out this 
subchapter in consultation with— 
‘‘(1) the Director of the Bureau of Prisons; 
‘‘(2) the Director of the Administrative Office of the United 
States Courts; 
‘‘(3) the Director of the Office of Probation and Pretrial 
Services; 
‘‘(4) the Director of the National Institute of Justice; 
‘‘(5) the Director of the National Institute of Corrections; 
and 
‘‘(6) the Independent Review Committee authorized by the 
First Step Act of 2018 
‘‘(b) DUTIES.—The Attorney General shall— 
‘‘(1) conduct a review of the existing prisoner risk and 
needs assessment systems in operation on the date of enactment 
of this subchapter; 
‘‘(2) develop recommendations regarding evidence-based 
recidivism reduction programs and productive activities in 
accordance with section 3633; 
‘‘(3) conduct ongoing research and data analysis on— 
‘‘(A) evidence-based recidivism reduction programs 
relating to the use of prisoner risk and needs assessment 
tools; 
‘‘(B) the most effective and efficient uses of such pro-
grams; 
‘‘(C) which evidence-based recidivism reduction pro-
grams are the most effective at reducing recidivism, and 
the type, amount, and intensity of programming that most 
effectively reduces the risk of recidivism; and 
‘‘(D) products purchased by Federal agencies that are 
manufactured overseas and could be manufactured by pris-
oners participating in a prison work program without 
Analysis. 
Recommenda- 
tions. 
Review. 
Consultation. 
18 USC 3631. 
18 USC 
prec. 3631. 
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132 STAT. 5196 
PUBLIC LAW 115–391—DEC. 21, 2018 
reducing job opportunities for other workers in the United 
States; 
‘‘(4) on an annual basis, review, validate, and release pub-
licly on the Department of Justice website the risk and needs 
assessment system, which review shall include— 
‘‘(A) any subsequent changes to the risk and needs 
assessment system made after the date of enactment of 
this subchapter; 
‘‘(B) the recommendations developed under paragraph 
(2), using the research conducted under paragraph (3); 
‘‘(C) an evaluation to ensure that the risk and needs 
assessment system bases the assessment of each prisoner’s 
risk of recidivism on indicators of progress and of regression 
that are dynamic and that can reasonably be expected 
to change while in prison; 
‘‘(D) statistical validation of any tools that the risk 
and needs assessment system uses; and 
‘‘(E) an evaluation of the rates of recidivism among 
similarly classified prisoners to identify any unwarranted 
disparities, including disparities among similarly classified 
prisoners of different demographic groups, in such rates; 
‘‘(5) make any revisions or updates to the risk and needs 
assessment system that the Attorney General determines 
appropriate pursuant to the review under paragraph (4), 
including updates to ensure that any disparities identified in 
paragraph (4)(E) are reduced to the greatest extent possible; 
and 
‘‘(6) report to Congress in accordance with section 3634. 
‘‘§ 3632. Development of risk and needs assessment system 
‘‘(a) IN GENERAL.—Not later than 210 days after the date of 
enactment of this subchapter, the Attorney General, in consultation 
with the Independent Review Committee authorized by the First 
Step Act of 2018, shall develop and release publicly on the Depart-
ment of Justice website a risk and needs assessment system 
(referred to in this subchapter as the ‘System’), which shall be 
used to— 
‘‘(1) determine the recidivism risk of each prisoner as part 
of the intake process, and classify each prisoner as having 
minimum, low, medium, or high risk for recidivism; 
‘‘(2) assess and determine, to the extent practicable, the 
risk of violent or serious misconduct of each prisoner; 
‘‘(3) determine the type and amount of evidence-based 
recidivism reduction programming that is appropriate for each 
prisoner and assign each prisoner to such programming accord-
ingly, and based on the prisoner’s specific criminogenic needs, 
and in accordance with subsection (b); 
‘‘(4) reassess the recidivism risk of each prisoner periodi-
cally, based on factors including indicators of progress, and 
of regression, that are dynamic and that can reasonably be 
expected to change while in prison; 
‘‘(5) reassign the prisoner to appropriate evidence-based 
recidivism reduction programs or productive activities based 
on the revised determination to ensure that— 
‘‘(A) all prisoners at each risk level have a meaningful 
opportunity to reduce their classification during the period 
of incarceration; 
Deadline. 
Consultation. 
Public 
information. 
Web posting. 
Determinations. 
18 USC 3632. 
Determination. 
Evaluation. 
Evaluation. 
Review. 
Public 
information. 
Web posting. 
Assessment. 
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132 STAT. 5197 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(B) to address the specific criminogenic needs of the 
prisoner; and 
‘‘(C) all prisoners are able to successfully participate 
in such programs; 
‘‘(6) determine when to provide incentives and rewards 
for successful participation in evidence-based recidivism reduc-
tion programs or productive activities in accordance with sub-
section (e); 
‘‘(7) determine when a prisoner is ready to transfer into 
prerelease custody or supervised release in accordance with 
section 3624; and 
‘‘(8) determine the appropriate use of audio technology 
for program course materials with an understanding of dyslexia. 
In carrying out this subsection, the Attorney General may use 
existing risk and needs assessment tools, as appropriate. 
‘‘(b) ASSIGNMENT OF EVIDENCE-BASED RECIDIVISM REDUCTION 
PROGRAMS.—The System shall provide guidance on the type, 
amount, and intensity of evidence-based recidivism reduction 
programming and productive activities that shall be assigned for 
each prisoner, including— 
‘‘(1) programs in which the Bureau of Prisons shall assign 
the prisoner to participate, according to the prisoner’s specific 
criminogenic needs; and 
‘‘(2) information on the best ways that the Bureau of 
Prisons can tailor the programs to the specific criminogenic 
needs of each prisoner so as to most effectively lower each 
prisoner’s risk of recidivism. 
‘‘(c) HOUSING AND ASSIGNMENT DECISIONS.—The System shall 
provide guidance on program grouping and housing assignment 
determinations and, after accounting for the safety of each prisoner 
and other individuals at the prison, provide that prisoners with 
a similar risk level be grouped together in housing and assignment 
decisions to the extent practicable. 
‘‘(d) EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAM INCEN-
TIVES AND PRODUCTIVE ACTIVITIES REWARDS.—The System shall 
provide incentives and rewards for prisoners to participate in and 
complete evidence-based recidivism reduction programs as follows: 
‘‘(1) PHONE AND VISITATION PRIVILEGES.—A prisoner who 
is successfully participating in an evidence-based recidivism 
reduction program shall receive— 
‘‘(A) phone privileges, or, if available, video confer-
encing privileges, for up to 30 minutes per day, and up 
to 510 minutes per month; and 
‘‘(B) additional time for visitation at the prison, as 
determined by the warden of the prison. 
‘‘(2) TRANSFER TO INSTITUTION CLOSER TO RELEASE RESI-
DENCE.—A prisoner who is successfully participating in an evi-
dence-based recidivism reduction program shall be considered 
by the Bureau of Prisons for placement in a facility closer 
to the prisoner’s release residence upon request from the pris-
oner and subject to— 
‘‘(A) bed availability at the transfer facility; 
‘‘(B) the prisoner’s security designation; and 
‘‘(C) the recommendation from the warden of the prison 
at which the prisoner is incarcerated at the time of making 
the request. 
Recommenda- 
tions. 
Guidance. 
Guidance. 
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132 STAT. 5198 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(3) ADDITIONAL POLICIES.—The Director of the Bureau of 
Prisons shall develop additional policies to provide appropriate 
incentives for successful participation and completion of evi-
dence-based recidivism reduction programming. The incentives 
shall include not less than 2 of the following: 
‘‘(A) Increased commissary spending limits and product 
offerings. 
‘‘(B) Extended opportunities to access the email system. 
‘‘(C) Consideration of transfer to preferred housing 
units (including transfer to different prison facilities). 
‘‘(D) Other incentives solicited from prisoners and 
determined appropriate by the Director. 
‘‘(4) TIME CREDITS.— 
‘‘(A) IN GENERAL.—A prisoner, except for an ineligible 
prisoner under subparagraph (D), who successfully com-
pletes evidence-based recidivism reduction programming 
or productive activities, shall earn time credits as follows: 
‘‘(i) A prisoner shall earn 10 days of time credits 
for every 30 days of successful participation in evi-
dence-based recidivism reduction programming or 
productive activities. 
‘‘(ii) A prisoner determined by the Bureau of 
Prisons to be at a minimum or low risk for recidivating, 
who, over 2 consecutive assessments, has not increased 
their risk of recidivism, shall earn an additional 5 
days of time credits for every 30 days of successful 
participation in evidence-based recidivism reduction 
programming or productive activities. 
‘‘(B) AVAILABILITY.—A prisoner may not earn time 
credits under this paragraph for an evidence-based recidi-
vism reduction program that the prisoner successfully com-
pleted— 
‘‘(i) prior to the date of enactment of this sub-
chapter; or 
‘‘(ii) during official detention prior to the date that 
the prisoner’s sentence commences under section 
3585(a). 
‘‘(C) APPLICATION OF TIME CREDITS TOWARD PRERELEASE 
CUSTODY
OR
SUPERVISED
RELEASE.—Time credits earned 
under this paragraph by prisoners who successfully partici-
pate in recidivism reduction programs or productive activi-
ties shall be applied toward time in prerelease custody 
or supervised release. The Director of the Bureau of Prisons 
shall transfer eligible prisoners, as determined under sec-
tion 3624(g), into prerelease custody or supervised release. 
‘‘(D) INELIGIBLE PRISONERS.—A prisoner is ineligible 
to receive time credits under this paragraph if the prisoner 
is serving a sentence for a conviction under any of the 
following provisions of law: 
‘‘(i) Section 32, relating to destruction of aircraft 
or aircraft facilities. 
‘‘(ii) Section 33, relating to destruction of motor 
vehicles or motor vehicle facilities. 
‘‘(iii) Section 36, relating to drive-by shootings. 
‘‘(iv) Section 81, relating to arson within special 
maritime and territorial jurisdiction. 
Determination. 
Determination. 
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132 STAT. 5199 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(v) Section 111(b), relating to assaulting, resisting, 
or impeding certain officers or employees using a 
deadly or dangerous weapon or inflicting bodily injury. 
‘‘(vi) Paragraph (1), (7), or (8) of section 113(a), 
relating to assault with intent to commit murder, 
assault resulting in substantial bodily injury to a 
spouse or intimate partner, a dating partner, or an 
individual who has not attained the age of 16 years, 
or assault of a spouse, intimate partner, or dating 
partner by strangling, suffocating, or attempting to 
strangle or suffocate. 
‘‘(vii) 
Section 
115, 
relating 
to 
influencing, 
impeding, or retaliating against a Federal official by 
injuring a family member, except for a threat made 
in violation of that section. 
‘‘(viii) Section 116, relating to female genital 
mutilation. 
‘‘(ix) Section 117, relating to domestic assault by 
a habitual offender. 
‘‘(x) Any section of chapter 10, relating to biological 
weapons. 
‘‘(xi) Any section of chapter 11B, relating to chem-
ical weapons. 
‘‘(xii) Section 351, relating to Congressional, Cabi-
net, and Supreme Court assassination, kidnapping, and 
assault. 
‘‘(xiii) Section 521, relating to criminal street 
gangs. 
‘‘(xiv) Section 751, relating to prisoners in custody 
of an institution or officer. 
‘‘(xv) Section 793, relating to gathering, transmit-
ting, or losing defense information. 
‘‘(xvi) Section 794, relating to gathering or deliv-
ering defense information to aid a foreign government. 
‘‘(xvii) Any section of chapter 39, relating to explo-
sives and other dangerous articles, except for section 
836 (relating to the transportation of fireworks into 
a State prohibiting sale or use). 
‘‘(xviii) Section 842(p), relating to distribution of 
information relating to explosives, destructive devices, 
and weapons of mass destruction, but only if the convic-
tion involved a weapon of mass destruction (as defined 
in section 2332a(c)). 
‘‘(xix) Subsection (f)(3), (h), or (i) of section 844, 
relating to the use of fire or an explosive. 
‘‘(xx) Section 871, relating to threats against the 
President and successors to the Presidency. 
‘‘(xxi) Section 879, relating to threats against 
former Presidents and certain other persons. 
‘‘(xxii) Section 924(c), relating to unlawful posses-
sion or use of a firearm during and in relation to 
any crime of violence or drug trafficking crime. 
‘‘(xxiii) Section 1030(a)(1), relating to fraud and 
related activity in connection with computers. 
‘‘(xxiv) Section 1091, relating to genocide. 
‘‘(xxv) Any section of chapter 51, relating to homi-
cide, except for section 1112 (relating to manslaughter), 
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132 STAT. 5200 
PUBLIC LAW 115–391—DEC. 21, 2018 
1113 (relating to attempt to commit murder or man-
slaughter, but only if the conviction was for an attempt 
to commit manslaughter), 1115 (relating to misconduct 
or neglect of ship officers), or 1122 (relating to protec-
tion against the human immunodeficiency virus). 
‘‘(xxvi) Any section of chapter 55, relating to kid-
napping. 
‘‘(xxvii) Any offense under chapter 77, relating to 
peonage, slavery, and trafficking in persons, except 
for sections 1593 through 1596. 
‘‘(xxviii) Section 1751, relating to Presidential and 
Presidential staff assassination, kidnapping, and 
assault. 
‘‘(xxix) Section 1791, relating to providing or pos-
sessing contraband in prison. 
‘‘(xxx) Section 1792, relating to mutiny and riots. 
‘‘(xxxi) Section 1841(a)(2)(C), relating to inten-
tionally killing or attempting to kill an unborn child. 
‘‘(xxxii) Section 1992, relating to terrorist attacks 
and other violence against railroad carriers and against 
mass transportation systems on land, on water, or 
through the air. 
‘‘(xxxiii) Section 2113(e), relating to bank robbery 
resulting in death. 
‘‘(xxxiv) Section 2118(c), relating to robberies and 
burglaries involving controlled substances resulting in 
assault, putting in jeopardy the life of any person 
by the use of a dangerous weapon or device, or death. 
‘‘(xxxv) Section 2119, relating to taking a motor 
vehicle (commonly referred to as ‘carjacking’). 
‘‘(xxxvi) Any section of chapter 105, relating to 
sabotage, except for section 2152. 
‘‘(xxxvii) Any section of chapter 109A, relating to 
sexual abuse. 
‘‘(xxxviii) Section 2250, relating to failure to reg-
ister as a sex offender. 
‘‘(xxxix) Section 2251, relating to the sexual exploi-
tation of children. 
‘‘(xl) Section 2251A, relating to the selling or 
buying of children. 
‘‘(xli) Section 2252, relating to certain activities 
relating to material involving the sexual exploitation 
of minors. 
‘‘(xlii) Section 2252A, relating to certain activities 
involving material constituting or containing child 
pornography. 
‘‘(xliii) Section 2260, relating to the production of 
sexually explicit depictions of a minor for importation 
into the United States. 
‘‘(xliv) Section 2283, relating to the transportation 
of explosive, biological, chemical, or radioactive or 
nuclear materials. 
‘‘(xlv) Section 2284, relating to the transportation 
of terrorists. 
‘‘(xlvi) Section 2291, relating to the destruction 
of a vessel or maritime facility, but only if the conduct 
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132 STAT. 5201 
PUBLIC LAW 115–391—DEC. 21, 2018 
that led to the conviction involved a substantial risk 
of death or serious bodily injury. 
‘‘(xlvii) Any section of chapter 113B, relating to 
terrorism. 
‘‘(xlviii) Section 2340A, relating to torture. 
‘‘(xlix) Section 2381, relating to treason. 
‘‘(l) Section 2442, relating to the recruitment or 
use of child soldiers. 
‘‘(li) An offense described in section 3559(c)(2)(F), 
for which the offender was sentenced to a term of 
imprisonment of more than 1 year, if the offender 
has a previous conviction, for which the offender served 
a term of imprisonment of more than 1 year, for a 
Federal or State offense, by whatever designation and 
wherever committed, consisting of murder (as described 
in section 1111), voluntary manslaughter (as described 
in section 1112), assault with intent to commit murder 
(as described in section 113(a)), aggravated sexual 
abuse and sexual abuse (as described in sections 2241 
and 2242), abusive 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). 
‘‘(lii) 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. 
‘‘(liii) Section 92 of the Atomic Energy Act of 1954 
(42 U.S.C. 2122), relating to prohibitions governing 
atomic weapons. 
‘‘(liv) Section 101 of the Atomic Energy Act of 
1954 (42 U.S.C. 2131), relating to the atomic energy 
license requirement. 
‘‘(lv) Section 224 or 225 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2274, 2275), relating to the 
communication or receipt of restricted data. 
‘‘(lvi) Section 236 of the Atomic Energy Act of 
1954 (42 U.S.C. 2284), relating to the sabotage of 
nuclear facilities or fuel. 
‘‘(lvii) Section 60123(b) of title 49, relating to dam-
aging or destroying a pipeline facility, but only if the 
conduct which led to the conviction involved a substan-
tial risk of death or serious bodily injury. 
‘‘(lviii) Section 401(a) of the Controlled Substances 
Act (21 U.S.C. 841), relating to manufacturing or dis-
tributing a controlled substance in the case of a convic-
tion for an offense described in subparagraph (A), (B), 
or (C) of subsection (b)(1) of that section for which 
death or serious bodily injury resulted from the use 
of such substance. 
‘‘(lix) Section 276(a) of the Immigration 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. 
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132 STAT. 5202 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(lx) Section 277 of the Immigration and Nation-
ality Act (8 U.S.C. 1327), relating to aiding or assisting 
certain aliens to enter the United States. 
‘‘(lxi) Section 278 of the Immigration and Nation-
ality Act (8 U.S.C. 1328), relating to the importation 
of an alien into the United States for an immoral 
purpose. 
‘‘(lxii) Any section of the Export Administration 
Act of 1979 (50 U.S.C. 4611 et seq.) 
‘‘(lxiii) Section 206 of the International Emergency 
Economic Powers Act (50 U.S.C. 1705). 
‘‘(lxiv) Section 601 of the National Security Act 
of 1947 (50 U.S.C. 3121), relating to the protection 
of identities of certain United States undercover intel-
ligence officers, agents, informants, and sources. 
‘‘(lxv) Subparagraph (A)(i) or (B)(i) of section 
401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) or paragraph (1)(A) or (2)(A) of section 
1010(b) of the Controlled Substances Import and 
Export Act (21 U.S.C. 960(b)), relating to manufac-
turing, distributing, dispensing, or possessing with 
intent to manufacture, distribute, dispense, or know-
ingly importing or exporting, a mixture or substance 
containing a detectable amount of heroin if the sen-
tencing court finds that the offender was an organizer, 
leader, manager, or supervisor of others in the offense, 
as determined under the guidelines promulgated by 
the United States Sentencing Commission. 
‘‘(lxvi) Subparagraph (A)(vi) or (B)(vi) of section 
401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) or paragraph (1)(F) or (2)(F) of section 
1010(b) of the Controlled Substances Import and 
Export Act (21 U.S.C. 960(b)), relating to manufac-
turing, distributing, dispensing, or possessing with 
intent to manufacture, distribute, or dispense, a mix-
ture or substance containing a detectable amount of 
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 
propanamide, or any analogue thereof. 
‘‘(lxvii) Subparagraph (A)(viii) or (B)(viii) of section 
401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) or paragraph (1)(H) or (2)(H) of section 
1010(b) the Controlled Substances Import and Export 
Act (21 U.S.C. 960(b)), relating to manufacturing, dis-
tributing, dispensing, or possessing with intent to 
manufacture, distribute, or dispense, or knowingly 
importing or exporting, a mixture of substance con-
taining a detectable amount of methamphetamine, its 
salts, isomers, or salts of its isomers, if the sentencing 
court finds that the offender was an organizer, leader, 
manager, or supervisor of others in the offense, as 
determined under the guidelines promulgated by the 
United States Sentencing Commission. 
‘‘(lxviii) Subparagraph (A) or (B) of section 
401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) or paragraph (1) or (2) of section 1010(b) 
of the Controlled Substances Import and Export Act 
Determination. 
Guidelines. 
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132 STAT. 5203 
PUBLIC LAW 115–391—DEC. 21, 2018 
(21 U.S.C. 960(b)), relating to manufacturing, distrib-
uting, dispensing, or possessing with intent to manu-
facture, distribute, or dispense, a controlled substance, 
or knowingly importing or exporting a controlled sub-
stance, if the sentencing court finds that— 
‘‘(I) the offense involved a mixture or sub-
stance containing a detectable amount of N-phenyl- 
N-[1-(2-phenylethyl)-4-piperidinyl] 
propanamide, 
or any analogue thereof; and 
‘‘(II) the offender was an organizer, leader, 
manager, or supervisor of others in the offense, 
as determined under the guidelines promulgated 
by the United States Sentencing Commission. 
‘‘(E) DEPORTABLE PRISONERS INELIGIBLE TO APPLY TIME 
CREDITS.— 
‘‘(i) IN GENERAL.—A prisoner is ineligible to apply 
time credits under subparagraph (C) if the prisoner 
is the subject of a final order of removal under any 
provision of the immigration laws (as such term is 
defined in section 101(a)(17) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(17))). 
‘‘(ii) PROCEEDINGS.—The Attorney General, in con-
sultation with the Secretary of Homeland Security, 
shall ensure that any alien described in section 212 
or 237 of the Immigration and Nationality Act (8 U.S.C. 
1182, 1227) who seeks to earn time credits are subject 
to proceedings described in section 238(a) of that Act 
(8 U.S.C. 1228(a)) at a date as early as practicable 
during the prisoner’s incarceration. 
‘‘(5) RISK REASSESSMENTS AND LEVEL ADJUSTMENT.—A pris-
oner who successfully participates in evidence-based recidivism 
reduction programming or productive activities shall receive 
periodic 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 receive more frequent risk reassess-
ments. If the reassessment shows that the prisoner’s risk of 
recidivating or specific needs have changed, the Bureau of 
Prisons shall update the determination of the prisoner’s risk 
of recidivating or information regarding 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 PROGRAMS.—The incen-
tives described in this subsection shall be in addition to any 
other rewards or incentives for which a prisoner may be eligible. 
‘‘(e) PENALTIES.—The Director of the Bureau of Prisons shall 
develop guidelines for the reduction of rewards and incentives 
earned under subsection (d) for prisoners 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 prisoner, 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 
Notice. 
Guidelines. 
Update. 
Determination. 
Consultation. 
Determination. 
Guidelines. 
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132 STAT. 5204 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(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 employees 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 employees dem-
onstrate competence in administering the System, including 
interrater reliability, on a biannual basis. 
‘‘(g) QUALITY ASSURANCE.—In order to ensure that the Bureau 
of Prisons is using the System in an appropriate and consistent 
manner, the Attorney General shall monitor and assess the use 
of the System, which shall include conducting annual audits of 
the Bureau of Prisons regarding the use of the System. 
‘‘(h) DYSLEXIA SCREENING.— 
‘‘(1) SCREENING.—The Attorney General shall incorporate 
a dyslexia screening program into the System, including by 
screening for dyslexia during— 
‘‘(A) the intake process; and 
‘‘(B) each periodic risk reassessment of a prisoner. 
‘‘(2) TREATMENT.—The Attorney General shall incorporate 
programs designed to treat dyslexia into the evidence-based 
recidivism reduction programs or productive activities required 
to be implemented under this section. The Attorney General 
may also incorporate programs designed to treat other learning 
disabilities. 
‘‘§ 3633. Evidence-based recidivism reduction program and 
recommendations 
‘‘(a) IN GENERAL.—Prior to releasing the System, in consultation 
with the Independent Review Committee authorized by the First 
Step Act of 2018, the Attorney General shall— 
‘‘(1) review the effectiveness of evidence-based recidivism 
reduction programs that exist as of the date of enactment 
of this subchapter in prisons operated by the Bureau of Prisons; 
‘‘(2) review available information regarding the effective-
ness 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 evidence-based 
recidivism 
reduction 
partnerships 
described 
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 organizations to function 
as a provider of educational evidence-based programs out-
side of the religious classes and services provided through 
the Chaplaincy; and 
Consultation. 
Reviews. 
18 USC 3633. 
Audits. 
Procedures. 
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132 STAT. 5205 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(C) the addition of any new effective evidence-based 
recidivism reduction programs that the Attorney General 
finds. 
‘‘(b) REVIEW
AND RECOMMENDATIONS REGARDING DYSLEXIA 
MITIGATION.—In carrying out subsection (a), the Attorney General 
shall consider the prevalence and mitigation of dyslexia in prisons, 
including by— 
‘‘(1) reviewing statistics on the prevalence of dyslexia, and 
the effectiveness of any programs implemented to mitigate the 
effects of dyslexia, in prisons operated by the Bureau of Prisons 
and State-operated prisons throughout the United States; and 
‘‘(2) incorporating the findings of the Attorney General 
under paragraph (1) of this subsection into any directives given 
to the Bureau of Prisons under paragraph (5) of subsection 
(a). 
‘‘§ 3634. Report 
‘‘Beginning on the date that is 2 years after the date of enact-
ment of this subchapter, and annually thereafter for a period of 
5 years, the Attorney General shall submit a report to the Commit-
tees on the Judiciary of the Senate and the House of Representatives 
and the Subcommittees on Commerce, Justice, Science, and Related 
Agencies of the Committees on Appropriations of the Senate and 
the House of Representatives that contains the following: 
‘‘(1) A summary of the activities and accomplishments of 
the Attorney General in carrying out this Act. 
‘‘(2) A summary and assessment of the types and effective-
ness of the evidence-based recidivism reduction 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 activity 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 shortages in capacity 
of such programs and activities. 
‘‘(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 facilities in which 
the prisoner’s sentence was served. 
‘‘(D) The evidence-based recidivism reduction program-
ming that the prisoner successfully completed, if any. 
‘‘(E) The prisoner’s assessed and reassessed risk of 
recidivism. 
‘‘(F) The productive activities that the prisoner success-
fully completed, if any. 
‘‘(4) The status of prison work programs at facilities oper-
ated by the Bureau of Prisons, including— 
‘‘(A) a strategy to expand the availability of such pro-
grams without reducing job opportunities for workers in 
the United States who are not in the custody of the Bureau 
Strategy. 
Assessment. 
Effective date. 
Time period. 
18 USC 3634. 
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132 STAT. 5206 
PUBLIC LAW 115–391—DEC. 21, 2018 
of Prisons, including the feasibility of prisoners manufac-
turing products purchased by Federal agencies that are 
manufactured overseas; 
‘‘(B) an assessment of the feasibility of expanding such 
programs, consistent with the strategy required under 
subparagraph (A), with the goal that 5 years after the 
date of enactment of this subchapter, not less than 75 
percent of eligible minimum- and low-risk offenders have 
the opportunity to participate in a prison work program 
for not less than 20 hours per week; and 
‘‘(C) a detailed discussion of legal authorities 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, including any savings associ-
ated with— 
‘‘(A) the transfer of prisoners into prerelease custody 
or supervised release under section 3624(g), including 
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 this subchapter. 
‘‘(7) An assessment of budgetary savings resulting from 
this subchapter, including— 
‘‘(A) a summary of the amount of savings resulting 
from the transfer of prisoners into prerelease custody under 
this chapter, including savings resulting from the avoidance 
or deferral of future construction, acquisition, or operations 
costs; 
‘‘(B) a summary of the amount of savings resulting 
from any decrease in recidivism that may be attributed 
to the implementation of the risk and needs assessment 
system or the increase in recidivism reduction programs 
and productive activities required by this subchapter; 
‘‘(C) a strategy to reinvest the savings described in 
subparagraphs (A) and (B) in other— 
‘‘(i) Federal, State, and local law enforcement 
activities; and 
‘‘(ii) expansions of recidivism reduction programs 
and productive activities in the Bureau of Prisons; 
and 
‘‘(D) a description of how the reduced expenditures 
on Federal corrections and the budgetary savings resulting 
from this subchapter are currently being used and will 
be used to— 
‘‘(i) increase investment in law enforcement and 
crime prevention to combat gangs of national signifi-
cance and high-level drug traffickers through the High 
Intensity Drug Trafficking Areas Program and other 
task forces; 
‘‘(ii) hire, train, and equip law enforcement officers 
and prosecutors; and 
Strategy. 
Assessment. 
Assessment. 
Assessment. 
Assessment. 
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132 STAT. 5207 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(iii) promote crime reduction programs using evi-
dence-based practices and strategic planning to help 
reduce crime and criminal recidivism. 
‘‘(8) Statistics on— 
‘‘(A) the prevalence of dyslexia among prisoners in 
prisons operated by the Bureau of Prisons; and 
‘‘(B) any change in the effectiveness of dyslexia mitiga-
tion programs among such prisoners that may be attributed 
to the incorporation of dyslexia screening into the System 
and of dyslexia treatment into the evidence-based recidi-
vism reduction programs, as required under this chapter. 
‘‘§ 3635. Definitions 
‘‘In this subchapter the following definitions apply: 
‘‘(1) DYSLEXIA.—The term ‘dyslexia’ means an unexpected 
difficulty in reading for an individual who has the intelligence 
to be a much better reader, most commonly caused by a dif-
ficulty in the phonological processing (the appreciation of the 
individual sounds of spoken language), which affects the ability 
of an individual to speak, read, and spell. 
‘‘(2) DYSLEXIA
SCREENING
PROGRAM.—The term ‘dyslexia 
screening program’ means a screening program for dyslexia 
that is— 
‘‘(A) evidence-based (as defined in section 8101(21) of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7801(21))) with proven psychometrics for validity; 
‘‘(B) efficient and low-cost; and 
‘‘(C) readily available. 
‘‘(3) EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAM.— 
The term ‘evidence-based recidivism reduction program’ means 
either a group or individual activity that— 
‘‘(A) has been shown by empirical evidence to reduce 
recidivism or is based on research indicating that it is 
likely to be effective in reducing recidivism; 
‘‘(B) is designed to help prisoners succeed in their 
communities upon release from prison; and 
‘‘(C) may include— 
‘‘(i) social learning and communication, inter-
personal, anti-bullying, rejection response, and other 
life skills; 
‘‘(ii) 
family 
relationship 
building, 
structured 
parent-child interaction, and parenting skills; 
‘‘(iii) classes on morals or ethics; 
‘‘(iv) academic classes; 
‘‘(v) cognitive behavioral treatment; 
‘‘(vi) mentoring; 
‘‘(vii) substance abuse treatment; 
‘‘(viii) vocational training; 
‘‘(ix) faith-based classes or services; 
‘‘(x) civic engagement and reintegrative community 
services; 
‘‘(xi) a prison job, including through a prison work 
program; 
‘‘(xii) victim impact classes or other restorative 
justice programs; and 
‘‘(xiii) trauma counseling and trauma-informed 
support programs. 
18 USC 3635. 
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132 STAT. 5208 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(4) PRISONER.—The term ‘prisoner’ means a person who 
has been sentenced to a term of imprisonment pursuant to 
a conviction for a Federal criminal offense, or a person in 
the custody of the Bureau of Prisons. 
‘‘(5) PRODUCTIVE ACTIVITY.—The term ‘productive activity’ 
means either a group or individual activity that is designed 
to allow prisoners determined as having a minimum or low 
risk of recidivating to remain productive and thereby maintain 
a minimum or low risk of recidivating, and may include the 
delivery of the programs described in paragraph (1) to other 
prisoners. 
‘‘(6) RISK AND NEEDS ASSESSMENT TOOL.—The term ‘risk 
and needs assessment tool’ means an objective and statistically 
validated method through which information is collected and 
evaluated to determine— 
‘‘(A) as part of the intake process, the risk that a 
prisoner will recidivate upon release from prison; 
‘‘(B) the recidivism reduction programs that will best 
minimize the risk that the prisoner will recidivate upon 
release from prison; and 
‘‘(C) the periodic reassessment of risk that a prisoner 
will recidivate upon release from prison, based on factors 
including indicators of progress and of regression, that 
are dynamic and that can reasonably be expected to change 
while in prison.’’. 
(b) CLERICAL
AMENDMENT.—The table of subchapters for 
chapter 229 of title 18, United States Code, is amended by adding 
at the end the following: 
‘‘D. Risk and Needs Assessment .................................................................... 3631’’. 
SEC. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY 
BUREAU OF PRISONS. 
(a) IMPLEMENTATION OF SYSTEM GENERALLY.—Section 3621 of 
title 18, United States Code, is amended by adding at the end 
the following: 
‘‘(h) IMPLEMENTATION
OF
RISK
AND
NEEDS
ASSESSMENT 
SYSTEM.— 
‘‘(1) IN
GENERAL.—Not later than 180 days after the 
Attorney General completes and releases the risk and needs 
assessment system (referred to in this subsection as the 
‘System’) developed under subchapter D, the Director of the 
Bureau of Prisons shall, in accordance with that subchapter— 
‘‘(A) implement and complete the initial intake risk 
and needs assessment for each prisoner (including for each 
prisoner who was a prisoner prior to the effective date 
of this subsection), regardless of the prisoner’s length of 
imposed term of imprisonment, and begin to assign pris-
oners to appropriate evidence-based recidivism reduction 
programs based on that determination; 
‘‘(B) begin to expand the effective evidence-based recidi-
vism reduction programs and productive activities it offers 
and add any new evidence-based recidivism reduction pro-
grams and productive activities necessary to effectively 
implement the System; and 
‘‘(C) begin to implement the other risk and needs 
assessment tools necessary to effectively implement the 
System over time, while prisoners are participating in and 
Deadline. 
18 USC 
prec. 3601. 
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132 STAT. 5209 
PUBLIC LAW 115–391—DEC. 21, 2018 
completing the effective evidence-based recidivism reduc-
tion programs and productive activities. 
‘‘(2) PHASE-IN.—In order to carry out paragraph (1), so 
that every prisoner has the opportunity to participate in and 
complete the type and amount of evidence-based recidivism 
reduction programs or productive activities they need, and be 
reassessed for recidivism risk as necessary to effectively imple-
ment the System, the Bureau of Prisons shall— 
‘‘(A) provide such evidence-based recidivism reduction 
programs and productive activities for all prisoners before 
the date that is 2 years after the date on which the Bureau 
of Prisons completes a risk and needs assessment for each 
prisoner under paragraph (1)(A); and 
‘‘(B) develop and validate the risk and needs assess-
ment tool to be used in the reassessments of risk of recidi-
vism, while prisoners are participating in and completing 
evidence-based recidivism reduction programs and produc-
tive activities. 
‘‘(3) PRIORITY DURING PHASE-IN.—During the 2-year period 
described in paragraph (2)(A), the priority for such programs 
and activities shall be accorded based on a prisoner’s proximity 
to release date. 
‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE-BASED RECIDI-
VISM
REDUCTION
PROGRAMS
AND
AUTHORITY
TO
USE
INCEN-
TIVES.—Beginning on the date of enactment of this subsection, 
the Bureau of Prisons may begin to expand any evidence- 
based recidivism reduction programs and productive activities 
that exist at a prison as of such date, and may offer to prisoners 
who successfully participate in such programs and activities 
the incentives and rewards described in subchapter D. 
‘‘(5) RECIDIVISM
REDUCTION
PARTNERSHIPS.—In order to 
expand evidence-based recidivism reduction programs and 
productive activities, the Attorney General shall develop policies 
for the warden of each prison of the Bureau of Prisons to 
enter into partnerships, subject to the availability of appropria-
tions, with any of the following: 
‘‘(A) 
Nonprofit 
and 
other 
private 
organizations, 
including faith-based, art, and community-based organiza-
tions that will deliver recidivism reduction programming 
on a paid or volunteer basis. 
‘‘(B) Institutions of higher education (as defined in 
section 101 of the Higher Education Act of 1965 (20 U.S.C. 
1001)) that will deliver instruction on a paid or volunteer 
basis. 
‘‘(C) Private entities that will— 
‘‘(i) deliver vocational training and certifications; 
‘‘(ii) provide equipment to facilitate vocational 
training or employment opportunities for prisoners; 
‘‘(iii) employ prisoners; or 
‘‘(iv) assist prisoners in prerelease custody or 
supervised release in finding employment. 
‘‘(D) Industry-sponsored organizations that will deliver 
workforce development and training, on a paid or volunteer 
basis. 
‘‘(6) REQUIREMENT
TO
PROVIDE
PROGRAMS
TO
ALL
PRIS-
ONERS; PRIORITY.—The Director of the Bureau of Prisons shall 
provide all prisoners with the opportunity to actively participate 
Policies. 
Effective date. 
Time period. 
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132 STAT. 5210 
PUBLIC LAW 115–391—DEC. 21, 2018 
in evidence-based recidivism reduction programs or productive 
activities, according to their specific criminogenic needs, 
throughout their entire term of incarceration. Priority for 
participation in recidivism reduction programs shall be given 
to medium-risk and high-risk prisoners, with access to produc-
tive activities given to minimum-risk and low-risk prisoners. 
‘‘(7) DEFINITIONS.—The terms in this subsection have the 
meaning given those terms in section 3635.’’. 
(b) PRERELEASE CUSTODY.— 
(1) IN GENERAL.—Section 3624 of title 18, United States 
Code, is amended— 
(A) in subsection (b)(1)— 
(i) by striking ‘‘, beyond the time served, of up 
to 54 days at the end of each year of the prisoner’s 
term of imprisonment, beginning at the end of the 
first year of the term,’’ and inserting ‘‘of up to 54 
days for each year of the prisoner’s sentence imposed 
by the court,’’; and 
(ii) by striking ‘‘credit for the last year or portion 
of a year of the term of imprisonment shall be prorated 
and credited within the last six weeks of the sentence’’ 
and inserting ‘‘credit for the last year of a term of 
imprisonment shall be credited on the first day of 
the last year of the term of imprisonment’’; and 
(B) by adding at the end the following: 
‘‘(g) PRERELEASE CUSTODY OR SUPERVISED RELEASE FOR RISK 
AND NEEDS ASSESSMENT SYSTEM PARTICIPANTS.— 
‘‘(1) ELIGIBLE PRISONERS.—This subsection applies in the 
case of a prisoner (as such term is defined in section 3635) 
who— 
‘‘(A) has earned time credits under the risk and needs 
assessment system developed under subchapter D (referred 
to in this subsection as the ‘System’) in an amount that 
is equal to the remainder of the prisoner’s imposed term 
of imprisonment; 
‘‘(B) has shown through the periodic risk reassessments 
a demonstrated recidivism risk reduction or has maintained 
a minimum or low recidivism risk, during the prisoner’s 
term of imprisonment; 
‘‘(C) has had the remainder of the prisoner’s imposed 
term of imprisonment computed under applicable law; and 
‘‘(D)(i) in the case of a prisoner being placed in 
prerelease custody, the prisoner— 
‘‘(I) has been determined under the System to be 
a minimum or low risk to recidivate pursuant to the 
last 2 reassessments of the prisoner; or 
‘‘(II) has had a petition to be transferred to 
prerelease custody or supervised release approved by 
the warden of the prison, after the warden’s determina-
tion that— 
‘‘(aa) the prisoner would not be a danger to 
society if transferred to prerelease custody or 
supervised release; 
‘‘(bb) the prisoner has made a good faith effort 
to lower their recidivism risk through participation 
in recidivism reduction programs or productive 
activities; and 
Determinations. 
Applicability. 
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132 STAT. 5211 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(cc) the prisoner is unlikely to recidivate; or 
‘‘(ii) in the case of a prisoner being placed in supervised 
release, the prisoner has been determined under the 
System to be a minimum or low risk to recidivate pursuant 
to the last reassessment of the prisoner. 
‘‘(2) TYPES OF PRERELEASE CUSTODY.—A prisoner shall be 
placed in prerelease custody as follows: 
‘‘(A) HOME CONFINEMENT.— 
‘‘(i) IN GENERAL.—A prisoner placed in prerelease 
custody pursuant to this subsection who is placed in 
home confinement shall— 
‘‘(I) be subject to 24-hour electronic monitoring 
that enables the prompt identification of the pris-
oner, location, and time, in the case of any violation 
of subclause (II); 
‘‘(II) remain in the prisoner’s residence, except 
that the prisoner may leave the prisoner’s home 
in order to, subject to the approval of the Director 
of the Bureau of Prisons— 
‘‘(aa) perform a job or job-related activi-
ties, including an apprenticeship, or partici-
pate in job-seeking activities; 
‘‘(bb) participate in evidence-based recidi-
vism reduction programming or productive 
activities assigned by the System, or similar 
activities; 
‘‘(cc) perform community service; 
‘‘(dd) participate in crime victim restora-
tion activities; 
‘‘(ee) receive medical treatment; 
‘‘(ff) attend religious activities; or 
‘‘(gg) participate in other family-related 
activities that facilitate the prisoner’s success-
ful reentry such as a family funeral, a family 
wedding, or to visit a family member who 
is seriously ill; and 
‘‘(III) comply with such other conditions as 
the Director determines appropriate. 
‘‘(ii) ALTERNATE
MEANS
OF
MONITORING.—If the 
electronic monitoring of a prisoner described in clause 
(i)(I) is infeasible for technical or religious reasons, 
the Director of the Bureau of Prisons may use alter-
native means of monitoring a prisoner placed in home 
confinement that the Director determines are as effec-
tive or more effective than the electronic monitoring 
described in clause (i)(I). 
‘‘(iii) MODIFICATIONS.—The Director of the Bureau 
of Prisons may modify the conditions described in 
clause (i) if the Director determines that a compelling 
reason exists to do so, and that the prisoner has dem-
onstrated exemplary compliance with such conditions. 
‘‘(iv) DURATION.—Except as provided in paragraph 
(4), a prisoner who is placed in home confinement 
shall remain in home confinement until the prisoner 
has served not less than 85 percent of the prisoner’s 
imposed term of imprisonment. 
Determinations. 
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132 STAT. 5212 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(B) RESIDENTIAL REENTRY CENTER.—A prisoner placed 
in prerelease custody pursuant to this subsection who is 
placed at a residential reentry center shall be subject to 
such conditions as the Director of the Bureau of Prisons 
determines appropriate. 
‘‘(3) SUPERVISED RELEASE.—If the sentencing court included 
as a part of the prisoner’s sentence a requirement that the 
prisoner be placed on a term of supervised release after impris-
onment pursuant to section 3583, the Director of the Bureau 
of Prisons may transfer the prisoner to begin any such term 
of supervised release at an earlier date, not to exceed 12 
months, based on the application of time credits under section 
3632. 
‘‘(4) DETERMINATION
OF
CONDITIONS.—In determining 
appropriate conditions for prisoners placed in prerelease cus-
tody pursuant to this subsection, the Director of the Bureau 
of Prisons shall, to the extent practicable, provide that increas-
ingly less restrictive conditions shall be imposed on prisoners 
who demonstrate continued compliance with the conditions of 
such prerelease custody, so as to most effectively prepare such 
prisoners for reentry. 
‘‘(5) VIOLATIONS OF CONDITIONS.—If a prisoner violates a 
condition of the prisoner’s prerelease custody, the Director of 
the Bureau of Prisons may impose such additional conditions 
on the prisoner’s prerelease custody as the Director of the 
Bureau of Prisons determines appropriate, or revoke the pris-
oner’s prerelease custody and require the prisoner to serve 
the remainder of the term of imprisonment to which the pris-
oner was sentenced, or any portion thereof, in prison. If the 
violation is nontechnical in nature, the Director of the Bureau 
of Prisons shall revoke the prisoner’s prerelease custody. 
‘‘(6) ISSUANCE OF GUIDELINES.—The Attorney General, in 
consultation with the Assistant Director for the Office of Proba-
tion and Pretrial Services, shall issue guidelines for use by 
the Bureau of Prisons in determining— 
‘‘(A) the appropriate type of prerelease custody or 
supervised release and level of supervision for a prisoner 
placed on prerelease custody pursuant to this subsection; 
and 
‘‘(B) consequences for a violation of a condition of such 
prerelease custody by such a prisoner, including a return 
to prison and a reassessment of evidence-based recidivism 
risk level under the System. 
‘‘(7) AGREEMENTS WITH UNITED STATES PROBATION AND PRE-
TRIAL SERVICES.—The Director of the Bureau of Prisons shall, 
to the greatest extent practicable, enter into agreements with 
United States Probation and Pretrial Services to supervise pris-
oners placed in home confinement under this subsection. Such 
agreements shall— 
‘‘(A) authorize United States Probation and Pretrial 
Services to exercise the authority granted to the Director 
pursuant to paragraphs (3) and (4); and 
‘‘(B) take into account the resource requirements of 
United States Probation and Pretrial Services as a result 
of the transfer of Bureau of Prisons prisoners to prerelease 
custody or supervised release. 
Consultation. 
Determination. 
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132 STAT. 5213 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(8) ASSISTANCE.—United States Probation and Pretrial 
Services shall, to the greatest extent practicable, offer assist-
ance to any prisoner not under its supervision during prerelease 
custody under this subsection. 
‘‘(9) MENTORING, REENTRY, AND SPIRITUAL SERVICES.—Any 
prerelease custody into which a prisoner is placed under this 
subsection may not include a condition prohibiting the prisoner 
from receiving mentoring, reentry, or spiritual services from 
a person who provided such services to the prisoner while 
the prisoner was incarcerated, except that the warden of the 
facility at which the prisoner was incarcerated may waive the 
requirement under this paragraph if the warden finds that 
the provision of such services would pose a significant security 
risk to the prisoner, persons who provide such services, or 
any other person. The warden shall provide written notice 
of any such waiver to the person providing such services and 
to the prisoner. 
‘‘(10) TIME LIMITS INAPPLICABLE.—The time limits under 
subsections (b) and (c) shall not apply to prerelease custody 
under this subsection. 
‘‘(11) PRERELEASE CUSTODY CAPACITY.—The Director of the 
Bureau of Prisons shall ensure there is sufficient prerelease 
custody capacity to accommodate all eligible prisoners.’’. 
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect beginning on the date that the Attorney 
General completes and releases the risk and needs assessment 
system under subchapter D of chapter 229 of title 18, United 
States Code, as added by section 101(a) of this Act. 
(3) APPLICABILITY.—The amendments made by this sub-
section shall apply with respect to offenses committed before, 
on, or after the date of enactment of this Act, except that 
such amendments shall not apply with respect to offenses com-
mitted before November 1, 1987. 
SEC. 103. GAO REPORT. 
Not later than 2 years after the Director of the Bureau of 
Prisons implements the risk and needs assessment system under 
section 3621 of title 18, United States Code, and every 2 years 
thereafter, the Comptroller General of the United States shall con-
duct an audit of the use of the risk and needs assessment system 
at Bureau of Prisons facilities. The audit shall include analysis 
of the following: 
(1) Whether inmates are being assessed under the risk 
and needs assessment system with the frequency required 
under such section 3621 of title 18, United States Code. 
(2) Whether the Bureau of Prisons is able to offer recidivism 
reduction programs and productive activities (as such terms 
are defined in section 3635 of title 18, United States Code, 
as added by section 101(a) of this Act). 
(3) Whether the Bureau of Prisons is offering the type, 
amount, and intensity of recidivism reduction programs and 
productive activities for prisoners to earn the maximum amount 
of time credits for which they are eligible. 
(4) Whether the Attorney General is carrying out the duties 
under section 3631(b) of title 18, United States Code, as added 
by section 101(a) of this Act. 
Time period. 
Audit. 
Analysis. 
18 USC 3621 
note. 
18 USC 3624 
note. 
18 USC 3624 
note. 
Notice. 
Waiver authority. 
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132 STAT. 5214 
PUBLIC LAW 115–391—DEC. 21, 2018 
(5) Whether officers and employees of the Bureau of Prisons 
are receiving the training described in section 3632(f) of title 
18, United States Code, as added by section 101(a) of this 
Act. 
(6) Whether the Bureau of Prisons offers work assignments 
to all prisoners who might benefit from such an assignment. 
(7) Whether the Bureau of Prisons transfers prisoners to 
prerelease custody or supervised release as soon as they are 
eligible for such a transfer under section 3624(g) of title 18, 
United States Code, as added by section 102(b) of this Act. 
(8) The rates of recidivism among similarly classified pris-
oners to identify any unwarranted disparities, including dispari-
ties among similarly classified prisoners of different demo-
graphic groups, in such rates. 
SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appropriated to 
carry out this title $75,000,000 for each of fiscal years 2019 through 
2023. Of the amount appropriated under this subsection, 80 percent 
shall be reserved for use by the Director of the Bureau of Prisons 
to implement the system under section 3621(h) of title 18, United 
States Code, as added by section 102(a) of this Act. 
(b) SAVINGS.—It is the sense of Congress that any savings 
associated with reductions in recidivism that result from this title 
should be reinvested— 
(1) to supplement funding for programs that increase public 
safety by providing resources to State and local law enforcement 
officials, including for the adoption of innovative technologies 
and information sharing capabilities; 
(2) into evidence-based recidivism reduction programs 
offered by the Bureau of Prisons; and 
(3) into ensuring eligible prisoners have access to such 
programs and productive activities offered by the Bureau of 
Prisons. 
SEC. 105. RULE OF CONSTRUCTION. 
Nothing in this Act, or the amendments made by this Act, 
may be construed to provide authority to place a prisoner in 
prerelease custody or supervised release who is serving a term 
of imprisonment pursuant to a conviction for an offense under 
the laws of one of the 50 States, or of a territory or possession 
of the United States or to amend or affect the enforcement of 
the immigration laws, as defined in section 101 of the Immigration 
and Nationality Act (8 U.S.C. 1101). 
SEC. 106. FAITH-BASED CONSIDERATIONS. 
(a) IN GENERAL.—In considering any program, treatment, regi-
men, group, company, charity, person, or entity of any kind under 
any provision of this Act, or the amendments made by this Act, 
the fact that it may be or is faith-based may not be a basis 
for any discrimination against it in any manner or for any purpose. 
(b) ELIGIBILITY
FOR EARNED TIME CREDIT.—Participation in 
a faith-based program, treatment, or regimen may qualify a prisoner 
for earned time credit under subchapter D of chapter 229 of title 
18, United States Code, as added by section 101(a) of this Act, 
however, the Director of the Bureau of Prisons shall ensure that 
non-faith-based programs that qualify for earned time credit are 
18 USC 3621 
note. 
18 USC 3621 
note. 
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132 STAT. 5215 
PUBLIC LAW 115–391—DEC. 21, 2018 
offered at each Bureau of Prisons facility in addition to any such 
faith-based programs. 
(c) LIMITATION ON ACTIVITIES.—A group, company, charity, per-
son, or entity may not engage in explicitly religious activities using 
direct financial assistance made available under this title or the 
amendments made by this title. 
(d) RULE
OF CONSTRUCTION.—Nothing in this Act, or the 
amendments made by this Act, may be construed to amend any 
requirement under Federal law or the Constitution of the United 
States regarding funding for faith-based programs or activities. 
SEC. 107. INDEPENDENT REVIEW COMMITTEE. 
(a) IN GENERAL.—The Attorney General shall consult with an 
Independent Review Committee in carrying out the Attorney Gen-
eral’s duties under sections 3631(b), 3632 and 3633 of title 18, 
United States Code, as added by section 101(a) of this Act. 
(b) FORMATION
OF INDEPENDENT REVIEW COMMITTEE.—The 
National Institute of Justice shall select a nonpartisan and nonprofit 
organization with expertise in the study and development of risk 
and needs assessment tools to host the Independent Review Com-
mittee. The Independent Review Committee shall be established 
not later than 30 days after the date of enactment of this Act. 
(c) APPOINTMENT OF INDEPENDENT REVIEW COMMITTEE.—The 
organization selected by the National Institute of Justice shall 
appoint not fewer than 6 members to the Independent Review 
Committee. 
(d) COMPOSITION OF THE INDEPENDENT REVIEW COMMITTEE.— 
The members of the Independent Review Committee shall all have 
expertise in risk and needs assessment systems and shall include— 
(1) 2 individuals who have published peer-reviewed scholar-
ship about risk and needs assessments in both corrections 
and community settings; 
(2) 2 corrections practitioners who have developed and 
implemented a risk assessment tool in a corrections system 
or in a community supervision setting, including 1 with prior 
experience working within the Bureau of Prisons; and 
(3) 1 individual with expertise in assessing risk assessment 
implementation. 
(e) DUTIES
OF
THE INDEPENDENT REVIEW COMMITTEE.—The 
Independent Review Committee shall assist the Attorney General 
in carrying out the Attorney General’s duties under sections 3631(b), 
3632 and 3633 of title 18, United States Code, as added by section 
101(a) of this Act, including by assisting in— 
(1) conducting a review of the existing prisoner risk and 
needs assessment systems in operation on the date of enactment 
of this Act; 
(2) developing recommendations regarding evidence-based 
recidivism reduction programs and productive activities; 
(3) conducting research and data analysis on— 
(A) evidence-based recidivism reduction programs 
relating to the use of prisoner risk and needs assessment 
tools; 
(B) the most effective and efficient uses of such pro-
grams; and 
(C) which evidence-based recidivism reduction pro-
grams are the most effective at reducing recidivism, and 
Data analysis. 
Recommenda- 
tions. 
Deadline. 
Consultation. 
18 USC 3631 
note. 
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132 STAT. 5216 
PUBLIC LAW 115–391—DEC. 21, 2018 
the type, amount, and intensity of programming that most 
effectively reduces the risk of recidivism; and 
(4) reviewing and validating the risk and needs assessment 
system. 
(f) BUREAU
OF PRISONS COOPERATION.—The Director of the 
Bureau of Prisons shall assist the Independent Review Committee 
in performing the Committee’s duties and promptly respond to 
requests from the Committee for access to Bureau of Prisons facili-
ties, personnel, and information. 
(g) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Independent Review Committee shall submit to 
the Committee on the Judiciary and the Subcommittee on Com-
merce, Justice, Science, and Related Agencies of the Committee 
on Appropriations of the Senate and the Committee on the Judiciary 
and the Subcommittee on Commerce, Justice, Science, and Related 
Agencies of the Committee on Appropriations of the House of Rep-
resentatives a report that includes— 
(1) a list of all offenses of conviction for which prisoners 
were 
ineligible 
to 
receive 
time 
credits 
under 
section 
3632(d)(4)(D) of title 18, United States Code, as added by sec-
tion 101(a) of this Act, and for each offense the number of 
prisoners excluded, including demographic percentages by age, 
race, and sex; 
(2) the criminal history categories of prisoners ineligible 
to receive time credits under section 3632(d)(4)(D) of title 18, 
United States Code, as added by section 101(a) of this Act, 
and for each category the number of prisoners excluded, 
including demographic percentages by age, race, and sex; 
(3) the number of prisoners ineligible to apply time credits 
under section 3632(d)(4)(D) of title 18, United States Code, 
as added by section 101(a) of this Act, who do not participate 
in recidivism reduction programming or productive activities, 
including the demographic percentages by age, race, and sex; 
(4) any recommendations for modifications to section 
3632(d)(4)(D) of title 18, United States Code, as added by sec-
tion 101(a) of this Act, and any other recommendations 
regarding recidivism reduction. 
(h) TERMINATION.—The Independent Review Committee shall 
terminate on the date that is 2 years after the date on which 
the risk and needs assessment system authorized by sections 3632 
and 3633 of title 18, United States Code, as added by section 
101(a) of this Act, is released. 
TITLE II—BUREAU OF PRISONS SECURE 
FIREARMS STORAGE 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Lieutenant Osvaldo Albarati 
Correctional Officer Self-Protection Act of 2018’’. 
SEC. 202. SECURE FIREARMS STORAGE. 
(a) IN GENERAL.—Chapter 303 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘§ 4050. Secure firearms storage 
‘‘(a) DEFINITIONS.—In this section— 
18 USC 4050. 
18 USC 1 note. 
Lieutenant 
Osvaldo Albarati 
Correctional 
Officer Self- 
Protection Act of 
2018. 
Recommenda- 
tions. 
List. 
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132 STAT. 5217 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(1) the term ‘employee’ means a qualified law enforcement 
officer employed by the Bureau of Prisons; and 
‘‘(2) the terms ‘firearm’ and ‘qualified law enforcement 
officer’ have the meanings given those terms under section 
926B. 
‘‘(b) SECURE FIREARMS STORAGE.—The Director of the Bureau 
of Prisons shall ensure that each chief executive officer of a Federal 
penal or correctional institution— 
‘‘(1)(A) provides a secure storage area located outside of 
the secure perimeter of the institution for employees to store 
firearms; or 
‘‘(B) allows employees to store firearms in a vehicle lockbox 
approved by the Director of the Bureau of Prisons; and 
‘‘(2) notwithstanding any other provision of law, allows 
employees to carry concealed firearms on the premises outside 
of the secure perimeter of the institution.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 
sections for chapter 303 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘4050. Secure firearms storage.’’. 
TITLE III—RESTRAINTS ON PREGNANT 
PRISONERS PROHIBITED 
SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD 
OF PREGNANCY AND POSTPARTUM RECOVERY PROHIB-
ITED. 
(a) IN GENERAL.—Chapter 317 of title 18, United States Code, 
is amended by inserting after section 4321 the following: 
‘‘§ 4322. Use of restraints on prisoners during the period 
of pregnancy, labor, and postpartum recovery 
prohibited 
‘‘(a) PROHIBITION.—Except as provided in subsection (b), begin-
ning on the date on which pregnancy is confirmed by a healthcare 
professional, and ending at the conclusion of postpartum recovery, 
a prisoner in the custody of the Bureau of Prisons, or in the 
custody of the United States Marshals Service pursuant to section 
4086, shall not be placed in restraints. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) IN
GENERAL.—The prohibition under subsection (a) 
shall not apply if— 
‘‘(A) an appropriate corrections official, or a United 
States marshal, as applicable, makes a determination that 
the prisoner— 
‘‘(i) is an immediate and credible flight risk that 
cannot reasonably be prevented by other means; or 
‘‘(ii) poses an immediate and serious threat of harm 
to herself or others that cannot reasonably be pre-
vented by other means; or 
‘‘(B) a healthcare professional responsible for the health 
and safety of the prisoner determines that the use of 
restraints is appropriate for the medical safety of the pris-
oner. 
Determinations. 
18 USC 4322. 
18 USC 
prec. 4041. 
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132 STAT. 5218 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(2) LEAST
RESTRICTIVE
RESTRAINTS.—In the case that 
restraints are used pursuant to an exception under paragraph 
(1), only the least restrictive restraints necessary to prevent 
the harm or risk of escape described in paragraph (1) may 
be used. 
‘‘(3) APPLICATION.— 
‘‘(A) IN GENERAL.—The exceptions under paragraph (1) 
may not be applied— 
‘‘(i) to place restraints around the ankles, legs, 
or waist of a prisoner; 
‘‘(ii) to restrain a prisoner’s hands behind her back; 
‘‘(iii) to restrain a prisoner using 4-point restraints; 
or 
‘‘(iv) to attach a prisoner to another prisoner. 
‘‘(B) MEDICAL REQUEST.—Notwithstanding paragraph 
(1), upon the request of a healthcare professional who 
is responsible for the health and safety of a prisoner, a 
corrections official or United States marshal, as applicable, 
shall refrain from using restraints on the prisoner or shall 
remove restraints used on the prisoner. 
‘‘(c) REPORTS.— 
‘‘(1) REPORT TO THE DIRECTOR AND HEALTHCARE PROFES-
SIONAL.—If a corrections official or United States marshal uses 
restraints on a prisoner under subsection (b)(1), that official 
or marshal shall submit, not later than 30 days after placing 
the prisoner in restraints, to the Director of the Bureau of 
Prisons or the Director of the United States Marshals Service, 
as applicable, and to the healthcare professional responsible 
for the health and safety of the prisoner, a written report 
that describes the facts and circumstances surrounding the 
use of restraints, and includes— 
‘‘(A) the reasoning upon which the determination to 
use restraints was made; 
‘‘(B) the details of the use of restraints, including the 
type of restraints used and length of time during which 
restraints were used; and 
‘‘(C) any resulting physical effects on the prisoner 
observed by or known to the corrections official or United 
States marshal, as applicable. 
‘‘(2) SUPPLEMENTAL
REPORT
TO
THE
DIRECTOR.—Upon 
receipt of a report under paragraph (1), the healthcare profes-
sional responsible for the health and safety of the prisoner 
may submit to the Director such information as the healthcare 
professional determines is relevant to the use of restraints 
on the prisoner. 
‘‘(3) REPORT TO JUDICIARY COMMITTEES.— 
‘‘(A) IN
GENERAL.—Not later than 1 year after the 
date of enactment of this section, and annually thereafter, 
the Director of the Bureau of Prisons and the Director 
of the United States Marshals Service shall each submit 
to the Judiciary Committee of the Senate and of the House 
of Representatives a report that certifies compliance with 
this section and includes the information required to be 
reported under paragraph (1). 
‘‘(B) PERSONALLY
IDENTIFIABLE
INFORMATION.—The 
report under this paragraph shall not contain any person-
ally identifiable information of any prisoner. 
Certification. 
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132 STAT. 5219 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(d) NOTICE.—Not later than 48 hours after the confirmation 
of a prisoner’s pregnancy by a healthcare professional, that prisoner 
shall be notified by an appropriate healthcare professional, correc-
tions official, or United States marshal, as applicable, of the restric-
tions on the use of restraints under this section. 
‘‘(e) VIOLATION
REPORTING
PROCESS.—The Director of the 
Bureau of Prisons, in consultation with the Director of the United 
States Marshals Service, shall establish a process through which 
a prisoner may report a violation of this section. 
‘‘(f) TRAINING.— 
‘‘(1) IN GENERAL.—The Director of the Bureau of Prisons 
and the Director of the United States Marshals Service shall 
each develop training guidelines regarding the use of restraints 
on female prisoners during the period of pregnancy, labor, 
and postpartum recovery, and shall incorporate such guidelines 
into appropriate training programs. Such training guidelines 
shall include— 
‘‘(A) how to identify certain symptoms of pregnancy 
that require immediate referral to a healthcare profes-
sional; 
‘‘(B) circumstances under which the exceptions under 
subsection (b) would apply; 
‘‘(C) in the case that an exception under subsection 
(b) applies, how to apply restraints in a way that does 
not harm the prisoner, the fetus, or the neonate; 
‘‘(D) the information required to be reported under 
subsection (c); and 
‘‘(E) the right of a healthcare professional to request 
that restraints not be used, and the requirement under 
subsection (b)(3)(B) to comply with such a request. 
‘‘(2) DEVELOPMENT
OF
GUIDELINES.—In developing the 
guidelines required by paragraph (1), the Directors shall each 
consult with healthcare professionals with expertise in caring 
for women during the period of pregnancy and postpartum 
recovery. 
‘‘(g) DEFINITIONS.—For purposes of this section: 
‘‘(1) 
POSTPARTUM
RECOVERY.—The 
term 
‘postpartum 
recovery’ means the 12-week period, or longer as determined 
by the healthcare professional responsible for the health and 
safety of the prisoner, following delivery, and shall include 
the entire period that the prisoner is in the hospital or infir-
mary. 
‘‘(2) PRISONER.—The term ‘prisoner’ means a person who 
has been sentenced to a term of imprisonment pursuant to 
a conviction for a Federal criminal offense, or a person in 
the custody of the Bureau of Prisons, including a person in 
a Bureau of Prisons contracted facility. 
‘‘(3) RESTRAINTS.—The term ‘restraints’ means any physical 
or mechanical device used to control the movement of a pris-
oner’s body, limbs, or both.’’. 
Consultation. 
Guidelines. 
Consultation. 
Deadline. 
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132 STAT. 5220 
PUBLIC LAW 115–391—DEC. 21, 2018 
(b) CLERICAL AMENDMENT.—The table of sections for chapter 
317 of title 18, United States Code, is amended by adding after 
the item relating to section 4321 the following: 
‘‘4322. Use of restraints on prisoners during the period of pregnancy, labor, and 
postpartum recovery prohibited.’’. 
TITLE IV—SENTENCING REFORM 
SEC. 401. REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR 
DRUG FELONIES. 
(a) CONTROLLED SUBSTANCES ACT AMENDMENTS.—The Con-
trolled Substances Act (21 U.S.C. 801 et seq.) is amended— 
(1) in section 102 (21 U.S.C. 802), by adding at the end 
the following: 
‘‘(57) The term ‘serious drug felony’ means an offense 
described in section 924(e)(2) of title 18, United States Code, 
for which— 
‘‘(A) the offender served a term of imprisonment of 
more than 12 months; and 
‘‘(B) the offender’s release from any term of imprison-
ment was within 15 years of the commencement of the 
instant offense. 
‘‘(58) The term ‘serious violent felony’ means— 
‘‘(A) an offense described in section 3559(c)(2) of title 
18, United States Code, for which the offender served a 
term of imprisonment of more than 12 months; and 
‘‘(B) any offense that would be a felony violation of 
section 113 of title 18, United States Code, if the offense 
were committed in the special maritime and territorial 
jurisdiction of the United States, for which the offender 
served a term of imprisonment of more than 12 months.’’; 
and 
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))— 
(A) in subparagraph (A), in the matter following clause 
(viii)— 
(i) by striking ‘‘If any person commits such a viola-
tion after a prior conviction for a felony drug offense 
has become final, such person shall be sentenced to 
a term of imprisonment which may not be less than 
20 years’’ and inserting the following: ‘‘If any person 
commits such a violation after a prior conviction for 
a serious drug felony or serious violent felony has 
become final, such person shall be sentenced to a term 
of imprisonment of not less than 15 years’’; and 
(ii) by striking ‘‘after two or more prior convictions 
for a felony drug offense have become final, such person 
shall be sentenced to a mandatory term of life impris-
onment without release’’ and inserting the following: 
‘‘after 2 or more prior convictions for a serious drug 
felony or serious violent felony have become final, such 
person shall be sentenced to a term of imprisonment 
of not less than 25 years’’; and 
(B) in subparagraph (B), in the matter following clause 
(viii), by striking ‘‘If any person commits such a violation 
after a prior conviction for a felony drug offense has become 
final’’ and inserting the following: ‘‘If any person commits 
Definitions. 
18 USC 
prec. 4321. 
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132 STAT. 5221 
PUBLIC LAW 115–391—DEC. 21, 2018 
such a violation after a prior conviction for a serious drug 
felony or serious violent felony has become final’’. 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT AMEND-
MENTS.—Section 1010(b) of the Controlled Substances Import and 
Export Act (21 U.S.C. 960(b)) is amended— 
(1) in paragraph (1), in the matter following subparagraph 
(H), by striking ‘‘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 less than 20 years’’ and inserting ‘‘If any person commits 
such a violation after a prior conviction for a serious drug 
felony or serious violent felony has become final, such person 
shall be sentenced to a term of imprisonment of not less than 
15 years’’; and 
(2) in paragraph (2), in the matter following subparagraph 
(H), by striking ‘‘felony drug offense’’ and inserting ‘‘serious 
drug felony or serious violent felony’’. 
(c) APPLICABILITY TO PENDING CASES.—This section, and the 
amendments made by this section, shall apply to any offense that 
was committed before the date of enactment of this Act, if a sentence 
for the offense has not been imposed as of such date of enactment. 
SEC. 402. BROADENING OF EXISTING SAFETY VALVE. 
(a) AMENDMENTS.—Section 3553 of title 18, United States Code, 
is amended— 
(1) in subsection (f)— 
(A) in the matter preceding paragraph (1)— 
(i) by striking ‘‘or section 1010’’ and inserting ‘‘, 
section 1010’’; and 
(ii) by inserting ‘‘, or section 70503 or 70506 of 
title 46’’ after ‘‘963)’’; 
(B) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) the defendant does not have— 
‘‘(A) more than 4 criminal history points, excluding 
any criminal history points resulting from a 1-point offense, 
as determined under the sentencing guidelines; 
‘‘(B) a prior 3-point offense, as determined under the 
sentencing guidelines; and 
‘‘(C) a prior 2-point violent offense, as determined 
under the sentencing guidelines;’’; and 
(C) by adding at the end the following: 
‘‘Information disclosed by a defendant under this subsection may 
not be used to enhance the sentence of the defendant unless the 
information relates to a violent offense.’’; and 
(2) by adding at the end the following: 
‘‘(g) DEFINITION OF VIOLENT OFFENSE.—As used in this section, 
the term ‘violent offense’ means a crime of violence, as defined 
in section 16, that is punishable by imprisonment.’’. 
(b) APPLICABILITY.—The amendments made by this section shall 
apply only to a conviction entered on or after the date of enactment 
of this Act. 
SEC. 403. CLARIFICATION OF SECTION 924(c) OF TITLE 18, UNITED 
STATES CODE. 
(a) IN GENERAL.—Section 924(c)(1)(C) of title 18, United States 
Code, is amended, in the matter preceding clause (i), by striking 
‘‘second or subsequent conviction under this subsection’’ and 
18 USC 3553 
note. 
21 USC 802 note. 
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132 STAT. 5222 
PUBLIC LAW 115–391—DEC. 21, 2018 
inserting ‘‘violation of this subsection that occurs after a prior 
conviction under this subsection has become final’’. 
(b) APPLICABILITY TO PENDING CASES.—This section, and the 
amendments made by this section, shall apply to any offense that 
was committed before the date of enactment of this Act, if a sentence 
for the offense has not been imposed as of such date of enactment. 
SEC. 404. APPLICATION OF FAIR SENTENCING ACT. 
(a) 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 Sentencing Act of 2010 (Public Law 111–220; 
124 Stat. 2372), that was committed before August 3, 2010. 
(b) 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 (Public 
Law 111–220; 124 Stat. 2372) were in effect at the time the covered 
offense was committed. 
(c) LIMITATIONS.—No court shall entertain a motion made under 
this section to reduce a sentence if the sentence was previously 
imposed or previously reduced in accordance with the amendments 
made by sections 2 and 3 of the Fair Sentencing Act of 2010 
(Public Law 111–220; 124 Stat. 2372) or if a previous motion made 
under this section to reduce the sentence was, after the date of 
enactment of this Act, denied after a complete review of the motion 
on the merits. Nothing in this section shall be construed to require 
a court to reduce any sentence pursuant to this section. 
TITLE V—SECOND CHANCE ACT OF 2007 
REAUTHORIZATION 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Second Chance Reauthorization 
Act of 2018’’. 
SEC. 502. IMPROVEMENTS TO EXISTING PROGRAMS. 
(a) REAUTHORIZATION
OF ADULT
AND JUVENILE OFFENDER 
STATE AND LOCAL DEMONSTRATION PROJECTS.—Section 2976 of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10631) is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) GRANT AUTHORIZATION.—The Attorney General shall make 
grants to States, local governments, territories, or Indian tribes, 
or any combination thereof (in this section referred to as an ‘eligible 
entity’), in partnership with interested persons (including Federal 
corrections and supervision agencies), service providers, and non-
profit organizations for the purpose of strategic planning and 
implementation of adult and juvenile offender reentry projects.’’; 
(2) in subsection (b)— 
(A) in paragraph (3), by inserting ‘‘or reentry courts,’’ 
after ‘‘community,’’; 
(B) in paragraph (6), by striking ‘‘and’’ at the end; 
(C) in paragraph (7), by striking the period at the 
end and inserting ‘‘; and’’; and 
34 USC 10101 
note. 
Second Chance 
Reauthorization 
Act of 2018. 
Courts. 
21 USC 841 note. 
18 USC 924 note. 
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132 STAT. 5223 
PUBLIC LAW 115–391—DEC. 21, 2018 
(D) by adding at the end the following: 
‘‘(8) promoting employment opportunities consistent with 
the Transitional Jobs strategy (as defined in section 4 of the 
Second Chance Act of 2007 (34 U.S.C. 60502)).’’; and 
(3) by striking subsections (d), (e), and (f) and inserting 
the following: 
‘‘(d) COMBINED
GRANT
APPLICATION; PRIORITY
CONSIDER-
ATION.— 
‘‘(1) IN GENERAL.—The Attorney General shall develop a 
procedure to allow applicants to submit a single application 
for a planning grant under subsection (e) and an implementa-
tion grant under subsection (f). 
‘‘(2) PRIORITY CONSIDERATION.—The Attorney General shall 
give priority consideration to grant applications under sub-
sections (e) and (f) that include a commitment by the applicant 
to partner with a local evaluator to identify and analyze data 
that will— 
‘‘(A) enable the grantee to target the intended offender 
population; and 
‘‘(B) serve as a baseline for purposes of the evaluation. 
‘‘(e) PLANNING GRANTS.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (3), 
the Attorney General may make a grant to an eligible entity 
of not more than $75,000 to develop a strategic, collaborative 
plan for an adult or juvenile offender reentry demonstration 
project as described in subsection (h) that includes— 
‘‘(A) a budget and a budget justification; 
‘‘(B) a description of the outcome measures that will 
be used to measure the effectiveness of the program in 
promoting public safety and public health; 
‘‘(C) the activities proposed; 
‘‘(D) a schedule for completion of the activities 
described in subparagraph (C); and 
‘‘(E) a description of the personnel necessary to com-
plete the activities described in subparagraph (C). 
‘‘(2) MAXIMUM TOTAL GRANTS AND GEOGRAPHIC DIVERSITY.— 
‘‘(A) MAXIMUM AMOUNT.—The Attorney General may 
not make initial planning grants and implementation 
grants to 1 eligible entity in a total amount that is more 
than a $1,000,000. 
‘‘(B) GEOGRAPHIC
DIVERSITY.—The Attorney General 
shall make every effort to ensure equitable geographic dis-
tribution of grants under this section and take into consid-
eration the needs of underserved populations, including 
rural and tribal communities. 
‘‘(3) PERIOD OF GRANT.—A planning grant made under this 
subsection shall be for a period of not longer than 1 year, 
beginning on the first day of the month in which the planning 
grant is made. 
‘‘(f) IMPLEMENTATION GRANTS.— 
‘‘(1) 
APPLICATIONS.—An 
eligible 
entity 
desiring 
an 
implementation grant under this subsection shall submit to 
the Attorney General an application that— 
‘‘(A) contains a reentry strategic plan as described in 
subsection (h), which describes the long-term strategy and 
incorporates a detailed implementation schedule, including 
Procedures. 
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132 STAT. 5224 
PUBLIC LAW 115–391—DEC. 21, 2018 
the plans of the applicant to fund the program after Federal 
funding is discontinued; 
‘‘(B) identifies the local government role and the role 
of governmental agencies and nonprofit organizations that 
will be coordinated by, and that will collaborate on, the 
offender reentry strategy of the applicant, and certifies 
the involvement of such agencies and organizations; 
‘‘(C) describes the evidence-based methodology and out-
come measures that will be used to evaluate the program 
funded with a grant under this subsection, and specifically 
explains how such measurements will provide valid meas-
ures of the impact of that program; and 
‘‘(D) describes how the project could be broadly rep-
licated if demonstrated to be effective. 
‘‘(2) REQUIREMENTS.—The Attorney General may make a 
grant to an applicant under this subsection only if the applica-
tion— 
‘‘(A) reflects explicit support of the chief executive 
officer, or their designee, of the State, unit of local govern-
ment, territory, or Indian tribe applying for a grant under 
this subsection; 
‘‘(B) provides discussion of the role of Federal correc-
tions, State corrections departments, community correc-
tions agencies, juvenile justice systems, and tribal or local 
jail systems in ensuring successful reentry of offenders 
into their communities; 
‘‘(C) provides evidence of collaboration with State, local, 
or tribal government agencies overseeing health, housing, 
child welfare, education, substance abuse, victims services, 
and employment services, and with local law enforcement 
agencies; 
‘‘(D) provides a plan for analysis of the statutory, regu-
latory, rules-based, and practice-based hurdles to reintegra-
tion of offenders into the community; 
‘‘(E) includes the use of a State, local, territorial, or 
tribal task force, described in subsection (i), to carry out 
the activities funded under the grant; 
‘‘(F) provides a plan for continued collaboration with 
a local evaluator as necessary to meeting the requirements 
under subsection (h); and 
‘‘(G) demonstrates that the applicant participated in 
the planning grant process or engaged in comparable plan-
ning for the reentry project. 
‘‘(3) PRIORITY
CONSIDERATIONS.—The Attorney General 
shall give priority to grant applications under this subsection 
that best— 
‘‘(A) focus initiative on geographic areas with a dis-
proportionate population of offenders released from prisons, 
jails, and juvenile facilities; 
‘‘(B) include— 
‘‘(i) input from nonprofit organizations, in any case 
where relevant input is available and appropriate to 
the grant application; 
‘‘(ii) consultation with crime victims and offenders 
who are released from prisons, jails, and juvenile facili-
ties; 
‘‘(iii) coordination with families of offenders; 
Coordination. 
Consultation. 
Plan. 
Plan. 
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132 STAT. 5225 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(iv) input, where appropriate, from the juvenile 
justice coordinating council of the region; 
‘‘(v) input, where appropriate, from the reentry 
coordinating council of the region; or 
‘‘(vi) 
input, 
where 
appropriate, 
from 
other 
interested persons; 
‘‘(C) demonstrate effective case assessment and 
management abilities in order to provide comprehensive 
and continuous reentry, including— 
‘‘(i) planning for prerelease transitional housing 
and community release that begins upon admission 
for juveniles and jail inmates, and, as appropriate, 
for prison inmates, depending on the length of the 
sentence; 
‘‘(ii) establishing prerelease planning procedures 
to ensure that the eligibility of an offender for Federal, 
tribal, or State benefits upon release is established 
prior to release, subject to any limitations in law, and 
to ensure that offenders obtain all necessary referrals 
for reentry services, including assistance identifying 
and securing suitable housing; or 
‘‘(iii) delivery of continuous and appropriate mental 
health services, drug treatment, medical care, job 
training and placement, educational services, voca-
tional services, and any other service or support needed 
for reentry; 
‘‘(D) review the process by which the applicant adju-
dicates violations of parole, probation, or supervision fol-
lowing release from prison, jail, or a juvenile facility, taking 
into account public safety and the use of graduated, commu-
nity-based sanctions for minor and technical violations of 
parole, probation, or supervision (specifically those viola-
tions that are not otherwise, and independently, a violation 
of law); 
‘‘(E) provide for an independent evaluation of reentry 
programs that include, to the maximum extent possible, 
random assignment and controlled studies to determine 
the effectiveness of such programs; 
‘‘(F) target moderate and high-risk offenders for reentry 
programs through validated assessment tools; or 
‘‘(G) target offenders with histories of homelessness, 
substance abuse, or mental illness, including a prerelease 
assessment of the housing status of the offender and behav-
ioral health needs of the offender with clear coordination 
with mental health, substance abuse, and homelessness 
services systems to achieve stable and permanent housing 
outcomes with appropriate support service. 
‘‘(4) PERIOD OF GRANT.—A grant made under this subsection 
shall be effective for a 2-year period— 
‘‘(A) beginning on the date on which the planning grant 
awarded under subsection (e) concludes; or 
‘‘(B) in the case of an implementation grant awarded 
to an eligible entity that did not receive a planning grant, 
beginning on the date on which the implementation grant 
is awarded.’’; 
(4) in subsection (h)— 
Effective date. 
Evaluation. 
Reviews. 
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132 STAT. 5226 
PUBLIC LAW 115–391—DEC. 21, 2018 
(A) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and 
(B) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) IN
GENERAL.—As a condition of receiving financial 
assistance under subsection (f), each application shall develop 
a comprehensive reentry strategic plan that— 
‘‘(A) contains a plan to assess inmate reentry needs 
and measurable annual and 3-year performance outcomes; 
‘‘(B) uses, to the maximum extent possible, randomly 
assigned and controlled studies, or rigorous quasi-experi-
mental studies with matched comparison groups, to deter-
mine the effectiveness of the program funded with a grant 
under subsection (f); and 
‘‘(C) includes as a goal of the plan to reduce the rate 
of recidivism for offenders released from prison, jail or 
a juvenile facility with funds made available under sub-
section (f). 
‘‘(2) LOCAL EVALUATOR.—A partnership with a local eval-
uator described in subsection (d)(2) shall require the local eval-
uator to use the baseline data and target population character-
istics developed under a subsection (e) planning grant to derive 
a target goal for recidivism reduction during the 3-year period 
beginning on the date of implementation of the program.’’; 
(5) in subsection (i)(1)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘under this section’’ and inserting ‘‘under sub-
section (f)’’; and 
(B) in subparagraph (B), by striking ‘‘subsection (e)(4)’’ 
and inserting ‘‘subsection (f)(2)(D)’’; 
(6) in subsection (j)— 
(A) in paragraph (1), by inserting ‘‘for an implementa-
tion grant under subsection (f)’’ after ‘‘applicant’’; 
(B) in paragraph (2)— 
(i) in subparagraph (E), by inserting ‘‘, where 
appropriate’’ after ‘‘support’’; and 
(ii) by striking subparagraphs (F), (G), and (H), 
and inserting the following: 
‘‘(F) increased number of staff trained to administer 
reentry services; 
‘‘(G) increased proportion of individuals served by the 
program among those eligible to receive services; 
‘‘(H) increased number of individuals receiving risk 
screening needs assessment, and case planning services; 
‘‘(I) increased enrollment in, and completion of treat-
ment services, including substance abuse and mental 
health services among those assessed as needing such serv-
ices; 
‘‘(J) increased enrollment in and degrees earned from 
educational programs, including high school, GED, voca-
tional training, and college education; 
‘‘(K) increased number of individuals obtaining and 
retaining employment; 
‘‘(L) increased number of individuals obtaining and 
maintaining housing; 
Time period. 
Effective date. 
Assessment. 
Strategic plan. 
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132 STAT. 5227 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(M) increased self-reports of successful community 
living, including stability of living situation and positive 
family relationships; 
‘‘(N) reduction in drug and alcohol use; and 
‘‘(O) reduction in recidivism rates for individuals 
receiving reentry services after release, as compared to 
either baseline recidivism rates in the jurisdiction of the 
grantee or recidivism rates of the control or comparison 
group.’’; 
(C) in paragraph (3), by striking ‘‘facilities.’’ and 
inserting ‘‘facilities, including a cost-benefit analysis to 
determine the cost effectiveness of the reentry program.’’; 
(D) in paragraph (4), by striking ‘‘this section’’ and 
inserting ‘‘subsection (f)’’; and 
(E) in paragraph (5), by striking ‘‘this section’’ and 
inserting ‘‘subsection (f)’’; 
(7) in subsection (k)(1), by striking ‘‘this section’’ each place 
the term appears and inserting ‘‘subsection (f)’’; 
(8) in subsection (l)— 
(A) in paragraph (2), by inserting ‘‘beginning on the 
date on which the most recent implementation grant is 
made to the grantee under subsection (f)’’ after ‘‘2-year 
period’’; and 
(B) in paragraph (4), by striking ‘‘over a 2-year period’’ 
and inserting ‘‘during the 2-year period described in para-
graph (2)’’; 
(9) in subsection (o)(1), by striking ‘‘appropriated’’ and all 
that follows and inserting the following: ‘‘appropriated 
$35,000,000 for each of fiscal years 2019 through 2023.’’; and 
(10) by adding at the end the following: 
‘‘(p) DEFINITION.—In this section, the term ‘reentry court’ means 
a program that— 
‘‘(1) monitors juvenile and adult eligible offenders reen-
tering the community; 
‘‘(2) provides continual judicial supervision; 
‘‘(3) provides juvenile and adult eligible offenders reentering 
the community with coordinated and comprehensive reentry 
services and programs, such as— 
‘‘(A) drug and alcohol testing and assessment for treat-
ment; 
‘‘(B) assessment for substance abuse from a substance 
abuse professional who is approved by the State or Indian 
tribe and licensed by the appropriate entity to provide 
alcohol and drug addiction treatment, as appropriate; 
‘‘(C) substance abuse treatment, including medication- 
assisted treatment, from a provider that is approved by 
the State or Indian tribe, and licensed, if necessary, to 
provide medical and other health services; 
‘‘(D) health (including mental health) services and 
assessment; 
‘‘(E) aftercare and case management services that— 
‘‘(i) facilitate access to clinical care and related 
health services; and 
‘‘(ii) coordinate with such clinical care and related 
health services; and 
‘‘(F) any other services needed for reentry; 
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132 STAT. 5228 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(4) convenes community impact panels, victim impact 
panels, or victim impact educational classes; 
‘‘(5) provides and coordinates the delivery of community 
services to juvenile and adult eligible offenders, including— 
‘‘(A) housing assistance; 
‘‘(B) education; 
‘‘(C) job training; 
‘‘(D) conflict resolution skills training; 
‘‘(E) batterer intervention programs; and 
‘‘(F) other appropriate social services; and 
‘‘(6) establishes and implements graduated sanctions and 
incentives.’’. 
(b) GRANTS
FOR
FAMILY-BASED
SUBSTANCE
ABUSE
TREAT-
MENT.—Part DD of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10591 et seq.) is amended— 
(1) in section 2921 (34 U.S.C. 10591), in the matter pre-
ceding paragraph (1), by inserting ‘‘nonprofit organizations,’’ 
before ‘‘and Indian’’; 
(2) in section 2923 (34 U.S.C. 10593), by adding at the 
end the following: 
‘‘(c) PRIORITY CONSIDERATIONS.—The Attorney General shall 
give priority consideration to grant applications for grants under 
section 2921 that are submitted by a nonprofit organization that 
demonstrates a relationship with State and local criminal justice 
agencies, including— 
‘‘(1) within the judiciary and prosecutorial agencies; or 
‘‘(2) with the local corrections agencies, which shall be 
documented by a written agreement that details the terms 
of access to facilities and participants and provides information 
on the history of the organization of working with correctional 
populations.’’; and 
(3) by striking section 2926(a) and inserting the following: 
‘‘(a) IN GENERAL.—There are authorized to be appropriated 
to carry out this part $10,000,000 for each of fiscal years 2019 
through 2023.’’. 
(c) GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL 
METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES.—Title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.) is amended— 
(1) by striking the second part designated as part JJ, 
as added by the Second Chance Act of 2007 (Public Law 110– 
199; 122 Stat. 677), relating to grants to evaluate and improve 
educational methods at prisons, jails, and juvenile facilities; 
(2) by adding at the end the following: 
‘‘PART NN—GRANT PROGRAM TO EVALUATE 
AND IMPROVE EDUCATIONAL METHODS AT 
PRISONS, JAILS, AND JUVENILE FACILITIES 
‘‘SEC. 3041. GRANT PROGRAM TO EVALUATE AND IMPROVE EDU-
CATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE 
FACILITIES. 
‘‘(a) GRANT PROGRAM AUTHORIZED.—The Attorney General may 
carry out a grant program under which the Attorney General may 
make grants to States, units of local government, territories, Indian 
Tribes, and other public and private entities to— 
34 USC 10741 
note. 
34 USC 10681. 
34 USC 10595a. 
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132 STAT. 5229 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(1) evaluate methods to improve academic and vocational 
education for offenders in prisons, jails, and juvenile facilities; 
‘‘(2) identify, and make recommendations to the Attorney 
General regarding, best practices relating to academic and voca-
tional education for offenders in prisons, jails, and juvenile 
facilities, based on the evaluation under paragraph (1); 
‘‘(3) improve the academic and vocational education pro-
grams (including technology career training) available to 
offenders in prisons, jails, and juvenile facilities; and 
‘‘(4) implement methods to improve academic and voca-
tional education for offenders in prisons, jails, and juvenile 
facilities consistent with the best practices identified in sub-
section (c). 
‘‘(b) APPLICATION.—To be eligible for a grant under this part, 
a State or other entity described in subsection (a) shall submit 
to the Attorney General an application in such form and manner, 
at such time, and accompanied by such information as the Attorney 
General specifies. 
‘‘(c) BEST PRACTICES.—Not later than 180 days after the date 
of enactment of the Second Chance Reauthorization Act of 2018, 
the Attorney General shall identify and publish best practices 
relating to academic and vocational education for offenders in 
prisons, jails, and juvenile facilities. The best practices shall con-
sider the evaluations performed and recommendations made under 
grants made under subsection (a) before the date of enactment 
of the Second Chance Reauthorization Act of 2018. 
‘‘(d) REPORT.—Not later than 90 days after the last day of 
the final fiscal year of a grant under this part, each entity described 
in subsection (a) receiving such a grant shall submit to the Attorney 
General a detailed report of the progress made by the entity using 
such grant, to permit the Attorney General to evaluate and improve 
academic and vocational education methods carried out with grants 
under this part.’’; and 
(3) in section 1001(a) of part J of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10261(a)), by adding at the end the following: 
‘‘(28) There are authorized to be appropriated to carry 
out section 3031(a)(4) of part NN $5,000,000 for each of fiscal 
years 2019, 2020, 2021, 2022, and 2023.’’. 
(d) CAREERS TRAINING DEMONSTRATION GRANTS.—Section 115 
of the Second Chance Act of 2007 (34 U.S.C. 60511) is amended— 
(1) in the heading, by striking ‘‘TECHNOLOGY CAREERS’’ 
and inserting ‘‘CAREERS’’; 
(2) in subsection (a)— 
(A) by striking ‘‘and Indian’’ and inserting ‘‘nonprofit 
organizations, and Indian’’; and 
(B) by striking ‘‘technology career training to prisoners’’ 
and inserting ‘‘career training, including subsidized employ-
ment, when part of a training program, to prisoners and 
reentering youth and adults’’; 
(3) in subsection (b)— 
(A) by striking ‘‘technology careers training’’; 
(B) by striking ‘‘technology-based’’; and 
(C) by inserting ‘‘, as well as upon transition and 
reentry into the community’’ after ‘‘facility’’; 
(4) by striking subsection (e); 
Appropriation 
authorization. 
Evaluation. 
Deadline. 
Publication. 
Recommenda- 
tions. 
Evaluation. 
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132 STAT. 5230 
PUBLIC LAW 115–391—DEC. 21, 2018 
(5) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; 
(6) by inserting after subsection (b) the following: 
‘‘(c) PRIORITY CONSIDERATION.—Priority consideration shall be 
given to any application under this section that— 
‘‘(1) provides assessment of local demand for employees 
in the geographic areas to which offenders are likely to return; 
‘‘(2) conducts individualized reentry career planning upon 
the start of incarceration or post-release employment planning 
for each offender served under the grant; 
‘‘(3) demonstrates connections to employers within the local 
community; or 
‘‘(4) tracks and monitors employment outcomes.’’; and 
(7) by adding at the end the following: 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $10,000,000 for each 
of fiscal years 2019, 2020, 2021, 2022, and 2023.’’. 
(e) OFFENDER REENTRY SUBSTANCE ABUSE AND CRIMINAL JUS-
TICE COLLABORATION PROGRAM.—Section 201(f)(1) of the Second 
Chance Act of 2007 (34 U.S.C. 60521(f)(1)) is amended to read 
as follows: 
‘‘(1) IN GENERAL.—There are authorized to be appropriated 
to carry out this section $15,000,000 for each of fiscal years 
2019 through 2023.’’. 
(f) COMMUNITY-BASED MENTORING AND TRANSITIONAL SERVICE 
GRANTS TO NONPROFIT ORGANIZATIONS.— 
(1) IN GENERAL.—Section 211 of the Second Chance Act 
of 2007 (34 U.S.C. 60531) is amended— 
(A) in the header, by striking ‘‘MENTORING GRANTS 
TO NONPROFIT ORGANIZATIONS’’ and inserting ‘‘COMMU-
NITY-BASED
MENTORING
AND
TRANSITIONAL
SERVICE 
GRANTS TO NONPROFIT ORGANIZATIONS’’; 
(B) in subsection (a), by striking ‘‘mentoring and other’’; 
(C) in subsection (b), by striking paragraph (2) and 
inserting the following: 
‘‘(2) transitional services to assist in the reintegration of 
offenders into the community, including— 
‘‘(A) educational, literacy, and vocational, services and 
the Transitional Jobs strategy; 
‘‘(B) substance abuse treatment and services; 
‘‘(C) coordinated supervision and services for offenders, 
including physical health care and comprehensive housing 
and mental health care; 
‘‘(D) family services; and 
‘‘(E) validated assessment tools to assess the risk fac-
tors of returning inmates; and’’; and 
(D) in subsection (f), by striking ‘‘this section’’ and 
all that follows and inserting the following: ‘‘this section 
$15,000,000 for each of fiscal years 2019 through 2023.’’. 
(2) TABLE OF CONTENTS AMENDMENT.—The table of contents 
in section 2 of the Second Chance Act of 2007 (Public Law 
110–199; 122 Stat. 657) is amended by striking the item 
relating to section 211 and inserting the following: 
‘‘Sec. 211. Community-based mentoring and transitional service grants.’’. 
(g) DEFINITIONS.— 
Appropriation 
authorization. 
Assessment. 
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132 STAT. 5231 
PUBLIC LAW 115–391—DEC. 21, 2018 
(1) IN GENERAL.—Section 4 of the Second Chance Act of 
2007 (34 U.S.C. 60502) is amended to read as follows: 
‘‘SEC. 4. DEFINITIONS. 
‘‘In this Act— 
‘‘(1) the term ‘exoneree’ means an individual who— 
‘‘(A) has been convicted of a Federal, tribal, or State 
offense that is punishable by a term of imprisonment of 
more than 1 year; 
‘‘(B) has served a term of imprisonment for not less 
than 6 months in a Federal, tribal, or State prison or 
correctional facility as a result of the conviction described 
in subparagraph (A); and 
‘‘(C) has been determined to be factually innocent of 
the offense described in subparagraph (A); 
‘‘(2) the term ‘Indian tribe’ has the meaning given in section 
901 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10251); 
‘‘(3) the term ‘offender’ includes an exoneree; and 
‘‘(4) the term ‘Transitional Jobs strategy’ means an employ-
ment strategy for youth and adults who are chronically 
unemployed or those that have barriers to employment that— 
‘‘(A) is conducted by State, tribal, and local govern-
ments, State, tribal, and local workforce boards, and non-
profit organizations; 
‘‘(B) provides time-limited employment using individual 
placements, team placements, and social enterprise place-
ments, without displacing existing employees; 
‘‘(C) pays wages in accordance with applicable law, 
but in no event less than the higher of the rate specified 
in section 6(a)(1) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 206(a)(1)) or the applicable State or local min-
imum wage law, which are subsidized, in whole or in 
part, by public funds; 
‘‘(D) combines time-limited employment with activities 
that promote skill development, remove barriers to employ-
ment, and lead to unsubsidized employment such as a 
thorough orientation and individual assessment, job readi-
ness and life skills training, case management and sup-
portive services, adult education and training, child sup-
port-related services, job retention support and incentives, 
and other similar activities; 
‘‘(E) places participants into unsubsidized employment; 
and 
‘‘(F) provides job retention, re-employment services, 
and continuing and vocational education to ensure con-
tinuing participation in unsubsidized employment and 
identification of opportunities for advancement.’’. 
(2) TABLE OF CONTENTS AMENDMENT.—The table of contents 
in section 2 of the Second Chance Act of 2007 (Public Law 
110–199; 122 Stat. 657) is amended by striking the item 
relating to section 4 and inserting the following: 
‘‘Sec. 4. Definitions.’’. 
(h) EXTENSION OF THE LENGTH OF SECTION 2976 GRANTS.— 
Section 6(1) of the Second Chance Act of 2007 (34 U.S.C. 60504(1)) 
is amended by inserting ‘‘or under section 2976 of the Omnibus 
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132 STAT. 5232 
PUBLIC LAW 115–391—DEC. 21, 2018 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631)’’ 
after ‘‘and 212’’. 
SEC. 503. AUDIT AND ACCOUNTABILITY OF GRANTEES. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘covered grant program’’ means grants 
awarded under section 115, 201, or 211 of the Second Chance 
Act of 2007 (34 U.S.C. 60511, 60521, and 60531), as amended 
by this title; 
(2) the term ‘‘covered grantee’’ means a recipient of a grant 
from a covered grant program; 
(3) the term ‘‘nonprofit’’, when used with respect to an 
organization, means an organization that is described in section 
501(c)(3) of the Internal Revenue Code of 1986, and is exempt 
from taxation under section 501(a) of such Code; and 
(4) the term ‘‘unresolved audit finding’’ means an audit 
report finding in a final audit report of the Inspector General 
of the Department of Justice that a covered grantee has used 
grant funds awarded to that grantee under a covered grant 
program for an unauthorized expenditure or otherwise unallow-
able cost that is not closed or resolved during a 12-month 
period prior to the date on which the final audit report is 
issued. 
(b) AUDIT REQUIREMENT.—Beginning in fiscal year 2019, and 
annually thereafter, the Inspector General of the Department of 
Justice shall conduct audits of covered grantees to prevent waste, 
fraud, and abuse of funds awarded under covered grant programs. 
The Inspector General shall determine the appropriate number 
of covered grantees to be audited each year. 
(c) MANDATORY EXCLUSION.—A grantee that is found to have 
an unresolved audit finding under an audit conducted under sub-
section (b) may not receive grant funds under a covered grant 
program in the fiscal year following the fiscal year to which the 
finding relates. 
(d) REIMBURSEMENT.—If a covered grantee is awarded funds 
under the covered grant program from which it received a grant 
award during the 1-fiscal-year period during which the covered 
grantee is ineligible for an allocation of grant funds under sub-
section (c), the Attorney General shall— 
(1) deposit into the General Fund of the Treasury an 
amount that is equal to the amount of the grant funds that 
were improperly awarded to the covered grantee; and 
(2) seek to recoup the costs of the repayment to the Fund 
from the covered grantee that was improperly awarded the 
grant funds. 
(e) PRIORITY OF GRANT AWARDS.—The Attorney General, in 
awarding grants under a covered grant program shall give priority 
to eligible entities that during the 2-year period preceding the 
application for a grant have not been found to have an unresolved 
audit finding. 
(f) NONPROFIT REQUIREMENTS.— 
(1) PROHIBITION.—A nonprofit organization that holds 
money in offshore accounts for the purpose of avoiding the 
tax described in section 511(a) of the Internal Revenue Code 
of 1986, shall not be eligible to receive, directly or indirectly, 
any funds from a covered grant program. 
Time period. 
Time period. 
Determination. 
Effective date. 
34 USC 60505. 
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132 STAT. 5233 
PUBLIC LAW 115–391—DEC. 21, 2018 
(2) DISCLOSURE.—Each nonprofit organization that is a 
covered grantee shall disclose in its application for such a 
grant, as a condition of receipt of such a grant, the compensa-
tion of its officers, directors, and trustees. Such disclosure shall 
include a description of the criteria relied on to determine 
such compensation. 
(g) PROHIBITION ON LOBBYING ACTIVITY.— 
(1) IN GENERAL.—Amounts made available under a covered 
grant program may not be used by any covered grantee to— 
(A) lobby any representative of the Department of Jus-
tice regarding the award of grant funding; or 
(B) lobby any representative of the Federal Govern-
ment or a State, local, or tribal government regarding 
the award of grant funding. 
(2) PENALTY.—If the Attorney General determines that a 
covered grantee has violated paragraph (1), the Attorney Gen-
eral shall— 
(A) require the covered grantee to repay the grant 
in full; and 
(B) prohibit the covered grantee from receiving a grant 
under the covered grant program from which it received 
a grant award during at least the 5-year period beginning 
on the date of such violation. 
SEC. 504. FEDERAL REENTRY IMPROVEMENTS. 
(a) RESPONSIBLE REINTEGRATION OF OFFENDERS.—Section 212 
of the Second Chance Act of 2007 (34 U.S.C. 60532) is repealed. 
(b) FEDERAL PRISONER REENTRY INITIATIVE.—Section 231 of 
the Second Chance Act of 2007 (434 U.S.C. 60541) is amended— 
(1) in subsection (g)— 
(A) in paragraph (3), by striking ‘‘carried out during 
fiscal years 2009 and 2010’’ and inserting ‘‘carried out 
during fiscal years 2019 through 2023’’; and 
(B) in paragraph (5)(A)(ii), by striking ‘‘the greater 
of 10 years or’’; 
(2) by striking subsection (h); 
(3) by redesignating subsection (i) as subsection (h); and 
(4) in subsection (h), as so redesignated, by striking ‘‘2009 
and 2010’’ and inserting ‘‘2019 through 2023’’. 
(c) ENHANCING
REPORTING
REQUIREMENTS
PERTAINING
TO 
COMMUNITY CORRECTIONS.—Section 3624(c) of title 18, United 
States Code, is amended— 
(1) in paragraph (5), in the second sentence, by inserting 
‘‘, and number of prisoners not being placed in community 
corrections facilities for each reason set forth’’ before ‘‘, and 
any other information’’; and 
(2) in paragraph (6), by striking ‘‘the Second Chance Act 
of 2007’’ and inserting ‘‘the Second Chance Reauthorization 
Act of 2018’’. 
(d) TERMINATION
OF STUDY
ON EFFECTIVENESS
OF DEPOT 
NALTREXONE FOR HEROIN ADDICTION.—Section 244 of the Second 
Chance Act of 2007 (34 U.S.C. 60554) is repealed. 
(e) AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH.—Sec-
tion 245 of the Second Chance Act of 2007 (34 U.S.C. 60555) 
is amended— 
(1) by striking ‘‘243, and 244’’ and inserting ‘‘and 243’’; 
and 
Repeal. 
Repeal. 
Time period. 
Effective date. 
Determination. 
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132 STAT. 5234 
PUBLIC LAW 115–391—DEC. 21, 2018 
(2) by striking ‘‘$10,000,000 for each of the fiscal years 
2009 and 2010’’ and inserting ‘‘$5,000,000 for each of the fiscal 
years 2019, 2020, 2021, 2022, and 2023’’. 
(f) FEDERAL PRISONER RECIDIVISM REDUCTION PROGRAMMING 
ENHANCEMENT.— 
(1) IN GENERAL.—Section 3621 of title 18, United States 
Code, as amended by section 102(a) of this Act, is amended— 
(A) by redesignating subsection (g) as subsection (i); 
and 
(B) by inserting after subsection (f) the following: 
‘‘(g) PARTNERSHIPS TO EXPAND ACCESS TO REENTRY PROGRAMS 
PROVEN TO REDUCE RECIDIVISM.— 
‘‘(1) DEFINITION.—The term ‘demonstrated to reduce recidi-
vism’ means that the Director of Bureau of Prisons has deter-
mined that appropriate research has been conducted and has 
validated the effectiveness of the type of program on recidivism. 
‘‘(2) ELIGIBILITY FOR RECIDIVISM REDUCTION PARTNERSHIP.— 
A faith-based or community-based nonprofit organization that 
provides mentoring or other programs that have been dem-
onstrated to reduce recidivism is eligible to enter into a recidi-
vism reduction partnership with a prison or community-based 
facility operated by the Bureau of Prisons. 
‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.—The Director 
of the Bureau of Prisons shall develop policies to require war-
dens of prisons and community-based facilities to enter into 
recidivism reduction partnerships with faith-based and commu-
nity-based nonprofit organizations that are willing to provide, 
on a volunteer basis, programs described in paragraph (2). 
‘‘(4) REPORTING REQUIREMENT.—The Director of the Bureau 
of Prisons shall submit to Congress an annual report on the 
last day of each fiscal year that— 
‘‘(A) details, for each prison and community-based 
facility for the fiscal year just ended— 
‘‘(i) the number of recidivism reduction partner-
ships under this section that were in effect; 
‘‘(ii) the number of volunteers that provided recidi-
vism reduction programming; and 
‘‘(iii) the number of recidivism reduction program-
ming hours provided; and 
‘‘(B) explains any disparities between facilities in the 
numbers reported under subparagraph (A).’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) shall take effect 180 days after the date of enactment 
of this Act. 
(g) REPEALS.— 
(1) Section 2978 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (34 U.S.C. 10633) is repealed. 
(2) Part CC of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10581 et seq.) is repealed. 
SEC. 505. FEDERAL INTERAGENCY REENTRY COORDINATION. 
(a) REENTRY COORDINATION.—The Attorney General, in con-
sultation with the Secretary of Housing and Urban Development, 
the Secretary of Labor, the Secretary of Education, the Secretary 
of Health and Human Services, the Secretary of Veterans Affairs, 
the Secretary of Agriculture, and the heads of such other agencies 
Consultation. 
34 USC 60506. 
18 USC 3621 
note. 
Policies. 
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132 STAT. 5235 
PUBLIC LAW 115–391—DEC. 21, 2018 
of the Federal Government as the Attorney General considers appro-
priate, and in collaboration with interested persons, service pro-
viders, nonprofit organizations, and State, tribal, and local govern-
ments, shall coordinate on Federal programs, policies, and activities 
relating to the reentry of individuals returning from incarceration 
to the community, with an emphasis on evidence-based practices 
and protection against duplication of services. 
(b) REPORT.—Not later than 2 years after the date of the 
enactment of this Act, the Attorney General, in consultation with 
the Secretaries listed in subsection (a), shall submit to Congress 
a report summarizing the achievements under subsection (a), and 
including recommendations for Congress that would further reduce 
barriers to successful reentry. 
SEC. 506. CONFERENCE EXPENDITURES. 
(a) LIMITATION.—No amounts authorized to be appropriated 
to the Department of Justice under this title, or any amendments 
made by this title, may be used by the Attorney General, or by 
any individual or organization awarded discretionary funds under 
this title, or any amendments made by this title, to host or support 
any expenditure for conferences that uses more than $20,000 in 
Department funds, unless the Deputy Attorney General or such 
Assistant Attorney Generals, Directors, or principal deputies as 
the Deputy Attorney General may designate, provides prior written 
authorization that the funds may be expended to host a conference. 
A conference that uses more than $20,000 in such funds, but less 
than an average of $500 in such funds for each attendee of the 
conference, shall not be subject to the limitations of this section. 
(b) WRITTEN APPROVAL.—Written approval under subsection 
(a) shall include a written estimate of all costs associated with 
the conference, including the cost of all food and beverages, audio-
visual equipment, honoraria for speakers, and any entertainment. 
(c) REPORT.—The Deputy Attorney General shall submit an 
annual report to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Representatives 
on all approved conference expenditures referenced in this section. 
SEC. 507. EVALUATION OF THE SECOND CHANCE ACT PROGRAM. 
(a) EVALUATION
OF
THE SECOND CHANCE ACT GRANT PRO-
GRAM.—Not later than 5 years after the date of enactment of 
this Act, the National Institute of Justice shall evaluate the 
effectiveness of grants used by the Department of Justice to support 
offender reentry and recidivism reduction programs at the State, 
local, Tribal, and Federal levels. The National Institute of Justice 
shall evaluate the following: 
(1) The effectiveness of such programs in relation to their 
cost, including the extent to which the programs improve 
reentry outcomes, including employment, education, housing, 
reductions in recidivism, of participants in comparison to com-
parably situated individuals who did not participate in such 
programs and activities. 
(2) The effectiveness of program structures and mecha-
nisms for delivery of services. 
(3) The impact of such programs on the communities and 
participants involved. 
(4) The impact of such programs on related programs and 
activities. 
Deadline. 
34 USC 60501 
note. 
Estimate. 
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132 STAT. 5236 
PUBLIC LAW 115–391—DEC. 21, 2018 
(5) The extent to which such programs meet the needs 
of various demographic groups. 
(6) The quality and effectiveness of technical assistance 
provided by the Department of Justice to grantees for imple-
menting such programs. 
(7) Such other factors as may be appropriate. 
(b) AUTHORIZATION OF FUNDS FOR EVALUATION.—Not more than 
1 percent of any amounts authorized to be appropriated to carry 
out the Second Chance Act grant program shall be made available 
to the National Institute of Justice each year to evaluate the proc-
esses, implementation, outcomes, costs, and effectiveness of the 
Second Chance Act grant program in improving reentry and 
reducing recidivism. Such funding may be used to provide support 
to grantees for supplemental data collection, analysis, and coordina-
tion associated with evaluation activities. 
(c) TECHNIQUES.—Evaluations conducted under this section 
shall use appropriate methodology and research designs. Impact 
evaluations conducted under this section shall include the use of 
intervention and control groups chosen by random assignment 
methods, to the extent possible. 
(d) METRICS AND OUTCOMES FOR EVALUATION.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the National Institute of Justice 
shall consult with relevant stakeholders and identify outcome 
measures, including employment, housing, education, and 
public safety, that are to be achieved by programs authorized 
under the Second Chance Act grant program and the metrics 
by which the achievement of such outcomes shall be deter-
mined. 
(2) PUBLICATION.—Not later than 30 days after the date 
on which the National Institute of Justice identifies metrics 
and outcomes under paragraph (1), the Attorney General shall 
publish such metrics and outcomes identified. 
(e) DATA COLLECTION.—As a condition of award under the 
Second Chance Act grant program (including a subaward under 
section 3021(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10701(b))), grantees shall be required 
to collect and report to the Department of Justice data based 
upon the metrics identified under subsection (d). In accordance 
with applicable law, collection of individual-level data under a 
pledge of confidentiality shall be protected by the National Institute 
of Justice in accordance with such pledge. 
(f) DATA ACCESSIBILITY.—Not later than 5 years after the date 
of enactment of this Act, the National Institute of Justice shall— 
(1) make data collected during the course of evaluation 
under this section available in de-identified form in such a 
manner that reasonably protects a pledge of confidentiality 
to participants under subsection (e); and 
(2) make identifiable data collected during the course of 
evaluation under this section available to qualified researchers 
for future research and evaluation, in accordance with 
applicable law. 
(g) PUBLICATION AND REPORTING OF EVALUATION FINDINGS.— 
The National Institute of Justice shall— 
(1) not later than 365 days after the date on which the 
enrollment of participants in an impact evaluation is completed, 
publish an interim report on such evaluation; 
Deadline. 
Consultation. 
Deadlines. 
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132 STAT. 5237 
PUBLIC LAW 115–391—DEC. 21, 2018 
(2) not later than 90 days after the date on which any 
evaluation is completed, publish and make publicly available 
such evaluation; and 
(3) not later than 60 days after the completion date 
described in paragraph (2), submit a report to the Committee 
on the Judiciary of the House of Representatives and the Com-
mittee on the Judiciary of the Senate on such evaluation. 
(h) SECOND CHANCE ACT GRANT PROGRAM DEFINED.—In this 
section, the term ‘‘Second Chance Act grant program’’ means any 
grant program reauthorized under this title and the amendments 
made by this title. 
SEC. 508. GAO REVIEW. 
Not later than 3 years after the date of enactment of the 
First Step Act of 2018 the Comptroller General of the United 
States shall conduct a review of all of the grant awards made 
under this title and amendments made by this title that includes— 
(1) an evaluation of the effectiveness of the reentry pro-
grams funded by grant awards under this title and amendments 
made by this title at reducing recidivism, including a deter-
mination of which reentry programs were most effective; 
(2) recommendations on how to improve the effectiveness 
of reentry programs, including those for which prisoners may 
earn time credits under the First Step Act of 2018; and 
(3) an evaluation of the effectiveness of mental health 
services, drug treatment, medical care, job training and place-
ment, educational services, and vocational services programs 
funded under this title and amendments made by this title. 
TITLE VI—MISCELLANEOUS CRIMINAL 
JUSTICE 
SEC. 601. PLACEMENT OF PRISONERS CLOSE TO FAMILIES. 
Section 3621(b) of title 18, United States Code, is amended— 
(1) by striking ‘‘shall designate the place of the prisoner’s 
imprisonment.’’ and inserting ‘‘shall designate the place of the 
prisoner’s imprisonment, and shall, subject to bed availability, 
the prisoner’s security designation, the prisoner’s programmatic 
needs, the prisoner’s mental and medical health needs, any 
request made by the prisoner related to faith-based needs, 
recommendations of the sentencing court, and other security 
concerns of the Bureau of Prisons, place the prisoner in a 
facility as close as practicable to the prisoner’s primary resi-
dence, and to the extent practicable, in a facility within 500 
driving miles of that residence. The Bureau shall, subject to 
consideration of the factors described in the preceding sentence 
and the prisoner’s preference for staying at his or her current 
facility or being transferred, transfer prisoners to facilities that 
are closer to the prisoner’s primary residence even if the pris-
oner is already in a facility within 500 driving miles of that 
residence.’’; and 
(2) by adding at the end the following: ‘‘Notwithstanding 
any other provision of law, a designation of a place of imprison-
ment under this subsection is not reviewable by any court.’’. 
Recommenda- 
tions. 
Deadline. 
Evaluations. 
Public 
information. 
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132 STAT. 5238 
PUBLIC LAW 115–391—DEC. 21, 2018 
SEC. 602. HOME CONFINEMENT FOR LOW-RISK PRISONERS. 
Section 3624(c)(2) of title 18, United States Code, is amended 
by adding at the end the following: ‘‘The Bureau of Prisons shall, 
to the extent practicable, place prisoners with lower risk levels 
and lower needs on home confinement for the maximum amount 
of time permitted under this paragraph.’’. 
SEC. 603. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZA-
TION; MODIFICATION OF IMPOSED TERM OF IMPRISON-
MENT. 
(a) FEDERAL
PRISONER
REENTRY
INITIATIVE
REAUTHORIZA-
TION.—Section 231(g) of the Second Chance Act of 2007 (34 U.S.C. 
60541(g)) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘and eligible terminally ill offenders’’ 
after ‘‘elderly offenders’’ each place the term appears; 
(B) in subparagraph (A), by striking ‘‘a Bureau of 
Prisons facility’’ and inserting ‘‘Bureau of Prisons facilities’’; 
(C) in subparagraph (B)— 
(i) by striking ‘‘the Bureau of Prisons facility’’ and 
inserting ‘‘Bureau of Prisons facilities’’; and 
(ii) by inserting ‘‘, upon written request from either 
the Bureau of Prisons or an eligible elderly offender 
or eligible terminally ill offender’’ after ‘‘to home deten-
tion’’; and 
(D) in subparagraph (C), by striking ‘‘the Bureau of 
Prisons facility’’ and inserting ‘‘Bureau of Prisons facilities’’; 
(2) in paragraph (2), by inserting ‘‘or eligible terminally 
ill offender’’ after ‘‘elderly offender’’; 
(3) in paragraph (3), as amended by section 504(b)(1)(A) 
of this Act, by striking ‘‘at least one Bureau of Prisons facility’’ 
and inserting ‘‘Bureau of Prisons facilities’’; and 
(4) in paragraph (4)— 
(A) by inserting ‘‘or eligible terminally ill offender’’ 
after ‘‘each eligible elderly offender’’; and 
(B) by inserting ‘‘and eligible terminally ill offenders’’ 
after ‘‘eligible elderly offenders’’; and 
(5) in paragraph (5)— 
(A) in subparagraph (A)— 
(i) in clause (i), striking ‘‘65 years of age’’ and 
inserting ‘‘60 years of age’’; and 
(ii) 
in 
clause 
(ii), 
as 
amended 
by 
section 
504(b)(1)(B) of this Act, by striking ‘‘75 percent’’ and 
inserting ‘‘2⁄3’’; and 
(B) by adding at the end the following: 
‘‘(D) ELIGIBLE TERMINALLY ILL OFFENDER.—The term 
‘eligible terminally ill offender’ means an offender in the 
custody of the Bureau of Prisons who— 
‘‘(i) is serving a term of imprisonment based on 
conviction for an offense or offenses that do not include 
any crime of violence (as defined in section 16(a) of 
title 18, United States Code), sex offense (as defined 
in section 111(5) of the Sex Offender Registration and 
Notification Act (34 U.S.C. 20911(5))), offense described 
in section 2332b(g)(5)(B) of title 18, United States Code, 
or offense under chapter 37 of title 18, United States 
Code; 
Definition. 
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PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(ii) satisfies the criteria specified in clauses (iii) 
through (vii) of subparagraph (A); and 
‘‘(iii) has been determined by a medical doctor 
approved by the Bureau of Prisons to be— 
‘‘(I) in need of care at a nursing home, inter-
mediate care facility, or assisted living facility, 
as those terms are defined in section 232 of the 
National Housing Act (12 U.S.C. 1715w); or 
‘‘(II) diagnosed with a terminal illness.’’. 
(b) INCREASING
THE USE
AND TRANSPARENCY
OF COMPAS-
SIONATE RELEASE.—Section 3582 of title 18, United States Code, 
is amended— 
(1) in subsection (c)(1)(A), in the matter preceding clause 
(i), by inserting after ‘‘Bureau of Prisons,’’ the following: ‘‘or 
upon motion of the defendant after the defendant has fully 
exhausted all administrative rights to appeal a failure of the 
Bureau of Prisons to bring a motion on the defendant’s behalf 
or the lapse of 30 days from the receipt of such a request 
by the warden of the defendant’s facility, whichever is earlier,’’; 
(2) by redesignating subsection (d) as subsection (e); and 
(3) by inserting after subsection (c) the following: 
‘‘(d) NOTIFICATION REQUIREMENTS.— 
‘‘(1) TERMINAL ILLNESS DEFINED.—In this subsection, the 
term ‘terminal illness’ means a disease or condition with an 
end-of-life trajectory. 
‘‘(2) NOTIFICATION.—The Bureau of Prisons shall, subject 
to any applicable confidentiality requirements— 
‘‘(A) in the case of a defendant diagnosed with a ter-
minal illness— 
‘‘(i) not later than 72 hours after the diagnosis 
notify the defendant’s attorney, partner, and family 
members of the defendant’s condition and inform the 
defendant’s attorney, partner, and family members 
that they may prepare and submit on the defendant’s 
behalf a request for a sentence reduction pursuant 
to subsection (c)(1)(A); 
‘‘(ii) not later than 7 days after the date of the 
diagnosis, provide the defendant’s partner and family 
members (including extended family) with an oppor-
tunity to visit the defendant in person; 
‘‘(iii) upon request from the defendant or his 
attorney, partner, or a family member, ensure that 
Bureau of Prisons employees assist the defendant in 
the preparation, drafting, and submission of a request 
for a sentence reduction pursuant to subsection 
(c)(1)(A); and 
‘‘(iv) not later than 14 days of receipt of a request 
for a sentence reduction submitted on the defendant’s 
behalf by the defendant or the defendant’s attorney, 
partner, or family member, process the request; 
‘‘(B) in the case of a defendant who is physically or 
mentally unable to submit a request for a sentence reduc-
tion pursuant to subsection (c)(1)(A)— 
‘‘(i) inform the defendant’s attorney, partner, and 
family members that they may prepare and submit 
on the defendant’s behalf a request for a sentence 
reduction pursuant to subsection (c)(1)(A); 
Deadlines. 
Time period. 
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132 STAT. 5240 
PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(ii) accept and process a request for sentence 
reduction that has been prepared and submitted on 
the defendant’s behalf by the defendant’s attorney, 
partner, or family member under clause (i); and 
‘‘(iii) upon request from the defendant or his 
attorney, partner, or family member, ensure that 
Bureau of Prisons employees assist the defendant in 
the preparation, drafting, and submission of a request 
for a sentence reduction pursuant to subsection 
(c)(1)(A); and 
‘‘(C) ensure that all Bureau of Prisons facilities regu-
larly and visibly post, including in prisoner handbooks, 
staff training materials, and facility law libraries and med-
ical and hospice facilities, and make available to prisoners 
upon demand, notice of— 
‘‘(i) a defendant’s ability to request a sentence 
reduction pursuant to subsection (c)(1)(A); 
‘‘(ii) the procedures and timelines for initiating 
and resolving requests described in clause (i); and 
‘‘(iii) the right to appeal a denial of a request 
described in clause (i) after all administrative rights 
to appeal within the Bureau of Prisons have been 
exhausted. 
‘‘(3) ANNUAL REPORT.—Not later than 1 year after the date 
of enactment of this subsection, and once every year thereafter, 
the Director of the Bureau of Prisons shall submit to the 
Committee on the Judiciary of the Senate and the Committee 
on the Judiciary of the House of Representatives a report 
on requests for sentence reductions pursuant to subsection 
(c)(1)(A), which shall include a description of, for the previous 
year— 
‘‘(A) the number of prisoners granted and denied sen-
tence reductions, categorized by the criteria relied on as 
the grounds for a reduction in sentence; 
‘‘(B) the number of requests initiated by or on behalf 
of prisoners, categorized by the criteria relied on as the 
grounds for a reduction in sentence; 
‘‘(C) the number of requests that Bureau of Prisons 
employees assisted prisoners in drafting, preparing, or 
submitting, categorized by the criteria relied on as the 
grounds for a reduction in sentence, and the final decision 
made in each request; 
‘‘(D) the number of requests that attorneys, partners, 
or family members submitted on a defendant’s behalf, cat-
egorized by the criteria relied on as the grounds for a 
reduction in sentence, and the final decision made in each 
request; 
‘‘(E) the number of requests approved by the Director 
of the Bureau of Prisons, categorized by the criteria relied 
on as the grounds for a reduction in sentence; 
‘‘(F) the number of requests denied by the Director 
of the Bureau of Prisons and the reasons given for each 
denial, categorized by the criteria relied on as the grounds 
for a reduction in sentence; 
‘‘(G) for each request, the time elapsed between the 
date the request was received by the warden and the 
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PUBLIC LAW 115–391—DEC. 21, 2018 
final decision, categorized by the criteria relied on as the 
grounds for a reduction in sentence; 
‘‘(H) for each request, the number of prisoners who 
died while their request was pending and, for each, the 
amount of time that had elapsed between the date the 
request was received by the Bureau of Prisons, categorized 
by the criteria relied on as the grounds for a reduction 
in sentence; 
‘‘(I) the number of Bureau of Prisons notifications to 
attorneys, partners, and family members of their right 
to visit a terminally ill defendant as required under para-
graph (2)(A)(ii) and, for each, whether a visit occurred 
and how much time elapsed between the notification and 
the visit; 
‘‘(J) the number of visits to terminally ill prisoners 
that were denied by the Bureau of Prisons due to security 
or other concerns, and the reasons given for each denial; 
and 
‘‘(K) the number of motions filed by defendants with 
the court after all administrative rights to appeal a denial 
of a sentence reduction had been exhausted, the outcome 
of each motion, and the time that had elapsed between 
the date the request was first received by the Bureau 
of Prisons and the date the defendant filed the motion 
with the court.’’. 
SEC. 604. IDENTIFICATION FOR RETURNING CITIZENS. 
(a) IDENTIFICATION
AND RELEASE ASSISTANCE
FOR FEDERAL 
PRISONERS.—Section 231(b) of the Second Chance Act of 2007 (34 
U.S.C. 60541(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘(including’’ and inserting ‘‘prior to 
release from a term of imprisonment in a Federal prison 
or if the individual was not sentenced to a term of imprison-
ment in a Federal prison, prior to release from a sentence 
to a term in community confinement, including’’; and 
(B) by striking ‘‘or birth certificate) prior to release’’ 
and inserting ‘‘and a birth certificate’’; and 
(2) by adding at the end the following: 
‘‘(4) DEFINITION.—In this subsection, the term ‘community 
confinement’ means residence in a community treatment center, 
halfway house, restitution center, mental health facility, alcohol 
or drug rehabilitation center, or other community facility.’’. 
(b) DUTIES OF THE BUREAU OF PRISONS.—Section 4042(a) of 
title 18, United States Code, is amended— 
(1) by redesignating paragraphs (D) and (E) as paragraphs 
(6) and (7), respectively; 
(2) in paragraph (6) (as so redesignated)— 
(A) in clause (i)— 
(i) by striking ‘‘Social Security Cards,’’; and 
(ii) by striking ‘‘and’’ at the end; 
(B) by redesignating clause (ii) as clause (iii); 
(C) by inserting after clause (i) the following: 
‘‘(ii) obtain identification, including a social secu-
rity card, driver’s license or other official photo identi-
fication, and a birth certificate; and’’; 
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PUBLIC LAW 115–391—DEC. 21, 2018 
(D) in clause (iii) (as so redesignated), by inserting 
after ‘‘prior to release’’ the following: ‘‘from a sentence 
to a term of imprisonment in a Federal prison or if the 
individual was not sentenced to a term of imprisonment 
in a Federal prison, prior to release from a sentence to 
a term of community confinement’’; and 
(E) by redesignating clauses (i), (ii), and (iii) (as so 
amended) as subparagraphs (A), (B), and (C), respectively, 
and adjusting the margins accordingly; and 
(3) in paragraph (7) (as so redesignated), by redesignating 
clauses (i) through (vii) as subparagraphs (A) through (G), 
respectively, and adjusting the margins accordingly. 
SEC. 605. EXPANDING INMATE EMPLOYMENT THROUGH FEDERAL 
PRISON INDUSTRIES. 
(a) NEW MARKET AUTHORIZATIONS.—Chapter 307 of title 18, 
United States Code, is amended by inserting after section 4129 
the following: 
‘‘§ 4130. Additional markets 
‘‘(a) IN GENERAL.—Except as provided in subsection (b), not-
withstanding any other provision of law, Federal Prison Industries 
may sell products to— 
‘‘(1) public entities for use in penal or correctional institu-
tions; 
‘‘(2) public entities for use in disaster relief or emergency 
response; 
‘‘(3) the government of the District of Columbia; and 
‘‘(4) any organization described in subsection (c)(3), (c)(4), 
or (d) of section 501 of the Internal Revenue Code of 1986 
that is exempt from taxation under section 501(a) of such 
Code. 
‘‘(b) OFFICE FURNITURE.—Federal Prison Industries may not 
sell office furniture to the organizations described in subsection 
(a)(4). 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘office furniture’ means any product or service 
offering intended to meet the furnishing needs of the workplace, 
including office, healthcare, educational, and hospitality 
environments. 
‘‘(2) The term ‘public entity’ means a State, a subdivision 
of a State, an Indian tribe, and an agency or governmental 
corporation or business of any of the foregoing. 
‘‘(3) The term ‘State’ means a State, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the Northern Mariana Islands, and the United States 
Virgin Islands.’’. 
(b) TECHNICAL AMENDMENT.—The table of sections for chapter 
307 of title 18, United States Code, is amended by inserting after 
the item relating to section 4129 the following: 
‘‘4130. Additional markets.’’. 
(c) DEFERRED COMPENSATION.—Section 4126(c)(4) of title 18, 
United States Code, is amended by inserting after ‘‘operations,’’ 
the following: ‘‘not less than 15 percent of such compensation for 
any inmate shall be reserved in the fund or a separate account 
18 USC 
prec. 4121. 
18 USC 4130. 
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PUBLIC LAW 115–391—DEC. 21, 2018 
and made available to assist the inmate with costs associated 
with release from prison,’’. 
(d) GAO REPORT.—Beginning not later than 90 days after the 
date of enactment of this Act, the Comptroller General of the 
United States shall conduct an audit of Federal Prison Industries 
that includes the following: 
(1) An evaluation of Federal Prison Industries’s effective-
ness in reducing recidivism compared to other rehabilitative 
programs in the prison system. 
(2) An evaluation of the scope and size of the additional 
markets made available to Federal Prison Industries under 
this section and the total market value that would be opened 
up to Federal Prison Industries for competition with private 
sector providers of products and services. 
(3) An evaluation of whether the following factors create 
an unfair competitive environment between Federal Prison 
Industries and private sector providers of products and services 
which would be exacerbated by further expansion: 
(A) Federal Prison Industries’s status as a mandatory 
source of supply for Federal agencies and the requirement 
that the buying agency must obtain a waiver in order 
to make a competitive purchase from the private sector 
if the item to be acquired is listed on the schedule of 
products and services published by Federal Prison Indus-
tries. 
(B) Federal Prison Industries’s ability to determine 
that the price to be paid by Federal Agencies is fair and 
reasonable, rather than such a determination being made 
by the buying agency. 
(C) An examination of the extent to which Federal 
Prison Industries is bound by the requirements of the 
generally applicable Federal Acquisition Regulation per-
taining to the conformity of the delivered product with 
the specified design and performance specifications and 
adherence to the delivery schedule required by the Federal 
agency, based on the transactions being categorized as 
interagency transfers. 
(D) An examination of the extent to which Federal 
Prison Industries avoids transactions that are little more 
than pass through transactions where the work provided 
by inmates does not create meaningful value or meaningful 
work opportunities for inmates. 
(E) The extent to which Federal Prison Industries must 
comply with the same worker protection, workplace safety 
and similar regulations applicable to, and enforceable 
against, Federal contractors. 
(F) The wages Federal Prison Industries pays to 
inmates, taking into account inmate productivity and other 
factors such as security concerns associated with having 
a facility in a prison. 
(G) The effect of any additional cost advantages Federal 
Prison Industries has over private sector providers of goods 
and services, including— 
(i) the costs absorbed by the Bureau of Prisons 
such as inmate medical care and infrastructure 
expenses including real estate and utilities; and 
Compliance. 
Examination. 
Examination. 
Determination. 
Audit. 
Evaluations. 
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PUBLIC LAW 115–391—DEC. 21, 2018 
(ii) its exemption from Federal and State income 
taxes and property taxes. 
(4) An evaluation of the extent to which the customers 
of Federal Prison Industries are satisfied with quality, price, 
and timely delivery of the products and services provided it 
provides, including summaries of other independent assess-
ments such as reports of agency inspectors general, if 
applicable. 
SEC. 606. DE-ESCALATION TRAINING. 
Beginning not later than 1 year after the date of enactment 
of this Act, the Director of the Bureau of Prisons shall incorporate 
into training programs provided to officers and employees of the 
Bureau of Prisons (including officers and employees of an organiza-
tion with which the Bureau of Prisons has a contract to provide 
services relating to imprisonment) specialized and comprehensive 
training in procedures to— 
(1) de-escalate encounters between a law enforcement 
officer or an officer or employee of the Bureau of Prisons, 
and a civilian or a prisoner (as such term is defined in section 
3635 of title 18, United States Code, as added by section 101(a) 
of this Act); and 
(2) identify and appropriately respond to incidents that 
involve the unique needs of individuals who have a mental 
illness or cognitive deficit. 
SEC. 607. EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN 
ABUSE. 
(a) REPORT ON EVIDENCE-BASED TREATMENT FOR OPIOID AND 
HEROIN ABUSE.—Not later than 90 days after the date of enactment 
of this Act, the Director of the Bureau of Prisons shall submit 
to the Committees on the Judiciary and the Committees on Appro-
priations of the Senate and of the House of Representatives a 
report assessing the availability of and the capacity of the Bureau 
of Prisons to treat heroin and opioid abuse through evidence-based 
programs, including medication-assisted treatment where appro-
priate. In preparing the report, the Director shall consider medica-
tion-assisted treatment as a strategy to assist in treatment where 
appropriate and not as a replacement for holistic and other drug- 
free approaches. The report shall include a description of plans 
to expand access to evidence-based treatment for heroin and opioid 
abuse for prisoners, including access to medication-assisted treat-
ment in appropriate cases. Following submission, the Director shall 
take steps to implement these plans. 
(b) REPORT
ON
THE AVAILABILITY
OF MEDICATION-ASSISTED 
TREATMENT FOR OPIOID AND HEROIN ABUSE, AND IMPLEMENTATION 
THEREOF.—Not later than 120 days after the date of enactment 
of this Act, the Director of the Administrative Office of the United 
States Courts shall submit to the Committees on the Judiciary 
and the Committees on Appropriations of the Senate and of the 
House of Representatives a report assessing the availability of 
and capacity for the provision of medication-assisted treatment 
for opioid and heroin abuse by treatment service providers serving 
prisoners who are serving a term of supervised release, and 
including a description of plans to expand access to medication- 
assisted treatment for heroin and opioid abuse whenever appro-
priate among prisoners under supervised release. Following submis-
sion, the Director will take steps to implement these plans. 
Asssessment. 
Assessment. 
18 USC 3621 
note. 
Effective date. 
Deadline. 
18 USC 4042 
note. 
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PUBLIC LAW 115–391—DEC. 21, 2018 
SEC. 608. PILOT PROGRAMS. 
(a) IN GENERAL.—The Bureau of Prisons shall establish each 
of the following pilot programs for 5 years, in at least 20 facilities: 
(1) MENTORSHIP
FOR
YOUTH.—A program to pair youth 
with volunteers from faith-based or community organizations, 
which may include formerly incarcerated offenders, that have 
relevant experience or expertise in mentoring, and a willingness 
to serve as a mentor in such a capacity. 
(2) SERVICE
TO
ABANDONED, RESCUED, OR
OTHERWISE 
VULNERABLE ANIMALS.—A program to equip prisoners with the 
skills to provide training and therapy to animals seized by 
Federal law enforcement under asset forfeiture authority and 
to organizations that provide shelter and similar services to 
abandoned, rescued, or otherwise vulnerable animals. 
(b) REPORTING REQUIREMENT.—Not later than 1 year after the 
conclusion of the pilot programs, the Attorney General shall report 
to Congress on the results of the pilot programs under this section. 
Such report shall include cost savings, numbers of participants, 
and information about recidivism rates among participants. 
(c) DEFINITION.—In this title, the term ‘‘youth’’ means a prisoner 
(as such term is defined in section 3635 of title 18, United States 
Code, as added by section 101(a) of this Act) who was 21 years 
of age or younger at the time of the commission or alleged commis-
sion of the criminal offense for which the individual is being pros-
ecuted or serving a term of imprisonment, as the case may be. 
SEC. 609. ENSURING SUPERVISION OF RELEASED SEXUALLY DAN-
GEROUS PERSONS. 
(a) PROBATION OFFICERS.—Section 3603 of title 18, United 
States Code, is amended in paragraph (8)(A) by striking ‘‘or 4246’’ 
and inserting ‘‘, 4246, or 4248’’. 
(b) PRETRIAL SERVICES OFFICERS.—Section 3154 of title 18, 
United States Code, is amended in paragraph (12)(A) by striking 
‘‘or 4246’’ and inserting ‘‘, 4246, or 4248’’. 
SEC. 610. DATA COLLECTION. 
(a) NATIONAL PRISONER STATISTICS PROGRAM.—Beginning not 
later than 1 year after the date of enactment of this Act, and 
annually thereafter, pursuant to the authority under section 302 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3732), the Director of the Bureau of Justice Statistics, with 
information that shall be provided by the Director of the Bureau 
of Prisons, shall include in the National Prisoner Statistics Program 
the following: 
(1) The number of prisoners (as such term is defined in 
section 3635 of title 18, United States Code, as added by section 
101(a) of this Act) who are veterans of the Armed Forces 
of the United States. 
(2) The number of prisoners who have been placed in 
solitary confinement at any time during the previous year. 
(3) The number of female prisoners known by the Bureau 
of Prisons to be pregnant, as well as the outcomes of such 
pregnancies, including information on pregnancies that result 
in live birth, stillbirth, miscarriage, abortion, ectopic pregnancy, 
maternal death, neonatal death, and preterm birth. 
Effective date. 
Deadline. 
34 USC 10132 
note. 
Time period. 
18 USC 4042 
note. 
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PUBLIC LAW 115–391—DEC. 21, 2018 
(4) The number of prisoners who volunteered to participate 
in a substance abuse treatment program, and the number of 
prisoners who have participated in such a program. 
(5) The number of prisoners provided medication-assisted 
treatment with medication approved by the Food and Drug 
Administration while in custody in order to treat substance 
use disorder. 
(6) The number of prisoners who were receiving medication- 
assisted treatment with medication approved by the Food and 
Drug Administration prior to the commencement of their term 
of imprisonment. 
(7) The number of prisoners who are the parent or guardian 
of a minor child. 
(8) The number of prisoners who are single, married, or 
otherwise in a committed relationship. 
(9) The number of prisoners who have not achieved a 
GED, high school diploma, or equivalent prior to entering 
prison. 
(10) The number of prisoners who, during the previous 
year, received their GED or other equivalent certificate while 
incarcerated. 
(11) The numbers of prisoners for whom English is a second 
language. 
(12) The number of incidents, during the previous year, 
in which restraints were used on a female prisoner during 
pregnancy, labor, or postpartum recovery, as well as informa-
tion relating to the type of restraints used, and the cir-
cumstances under which each incident occurred. 
(13) The vacancy rate for medical and healthcare staff 
positions, and average length of such a vacancy. 
(14) The number of facilities that operated, at any time 
during the previous year, without at least 1 clinical nurse, 
certified paramedic, or licensed physician on site. 
(15) The number of facilities that during the previous year 
were accredited by the American Correctional Association. 
(16) The number and type of recidivism reduction partner-
ships described in section 3621(h)(5) of title 18, United States 
Code, as added by section 102(a) of this Act, entered into 
by each facility. 
(17) The number of facilities with remote learning capabili-
ties. 
(18) The number of facilities that offer prisoners video 
conferencing. 
(19) Any changes in costs related to legal phone calls and 
visits following implementation of section 3632(d)(1) of title 
18, United States Code, as added by section 101(a) of this 
Act. 
(20) The number of aliens in prison during the previous 
year. 
(21) For each Bureau of Prisons facility, the total number 
of violations that resulted in reductions in rewards, incentives, 
or time credits, the number of such violations for each category 
of violation, and the demographic breakdown of the prisoners 
who have received such reductions. 
(22) The number of assaults on Bureau of Prisons staff 
by prisoners and the number of criminal prosecutions of pris-
oners for assaulting Bureau of Prisons staff. 
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PUBLIC LAW 115–391—DEC. 21, 2018 
(23) The capacity of each recidivism reduction program 
and productive activity to accommodate eligible inmates at 
each Bureau of Prisons facility. 
(24) The number of volunteers who were certified to volun-
teer in a Bureau of Prisons facility, broken down by level 
(level I and level II), and by each Bureau of Prisons facility. 
(25) The number of prisoners enrolled in recidivism reduc-
tion programs and productive activities at each Bureau of 
Prisons facility, broken down by risk level and by program, 
and the number of those enrolled prisoners who successfully 
completed each program. 
(26) The breakdown of prisoners classified at each risk 
level by demographic characteristics, including age, sex, race, 
and the length of the sentence imposed. 
(b) REPORT TO JUDICIARY COMMITTEES.—Beginning not later 
than 1 year after the date of enactment of this Act, and annually 
thereafter for a period of 7 years, the Director of the Bureau 
of Justice Statistics shall submit a report containing the information 
described in paragraphs (1) through (26) of subsection (a) to the 
Committee on the Judiciary of the Senate and the Committee 
on the Judiciary of the House of Representatives. 
SEC. 611. HEALTHCARE PRODUCTS. 
(a) AVAILABILITY.—The Director of the Bureau of Prisons shall 
make the healthcare products described in subsection (c) available 
to prisoners for free, in a quantity that is appropriate to the 
healthcare needs of each prisoner. 
(b) QUALITY PRODUCTS.—The Director shall ensure that the 
healthcare products provided under this section conform with 
applicable industry standards. 
(c) PRODUCTS.—The healthcare products described in this sub-
section are tampons and sanitary napkins. 
SEC. 612. ADULT AND JUVENILE COLLABORATION PROGRAMS. 
Section 2991 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10651) is amended— 
(1) in subsection (b)(4)— 
(A) by striking subparagraph (D); and 
(B) by redesignating subparagraph (E) as subpara-
graph (D); 
(2) in subsection (e), by striking ‘‘may use up to 3 percent’’ 
and inserting ‘‘shall use not less than 6 percent’’; and 
(3) by amending subsection (g) to read as follows: 
‘‘(g) COLLABORATION SET-ASIDE.—The Attorney General shall 
use not less than 8 percent of funds appropriated to provide tech-
nical assistance to State and local governments receiving grants 
under this part to foster collaboration between such governments 
in furtherance of the purposes set forth in section 3 of the Mentally 
Ill Offender Treatment and Crime Reduction Act of 2004 (34 U.S.C. 
10651 note).’’. 
SEC. 613. JUVENILE SOLITARY CONFINEMENT. 
(a) IN GENERAL.—Chapter 403 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘§ 5043. Juvenile solitary confinement 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered juvenile’ means— 
18 USC 5043. 
18 USC 4042 
note. 
Effective date. 
Time period. 
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PUBLIC LAW 115–391—DEC. 21, 2018 
‘‘(A) a juvenile who— 
‘‘(i) is being proceeded against under this chapter 
for an alleged act of juvenile delinquency; or 
‘‘(ii) has been adjudicated delinquent under this 
chapter; or 
‘‘(B) a juvenile who is being proceeded against as an 
adult in a district court of the United States for an alleged 
criminal offense; 
‘‘(2) the term ‘juvenile facility’ means any facility where 
covered juveniles are— 
‘‘(A) committed pursuant to an adjudication of delin-
quency under this chapter; or 
‘‘(B) detained prior to disposition or conviction; and 
‘‘(3) the term ‘room confinement’ means the involuntary 
placement of a covered juvenile alone in a cell, room, or other 
area for any reason. 
‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JUVENILE FACILI-
TIES.— 
‘‘(1) IN GENERAL.—The use of room confinement at a juve-
nile facility for discipline, punishment, retaliation, or any rea-
son other than as a temporary response to a covered juvenile’s 
behavior that poses a serious and immediate risk of physical 
harm to any individual, including the covered juvenile, is 
prohibited. 
‘‘(2) JUVENILES POSING RISK OF HARM.— 
‘‘(A) REQUIREMENT TO USE LEAST RESTRICTIVE TECH-
NIQUES.— 
‘‘(i) IN GENERAL.—Before a staff member of a juve-
nile facility places a covered juvenile in room confine-
ment, the staff member shall attempt to use less 
restrictive techniques, including— 
‘‘(I) talking with the covered juvenile in an 
attempt to de-escalate the situation; and 
‘‘(II) permitting a qualified mental health 
professional to talk to the covered juvenile. 
‘‘(ii) EXPLANATION.—If, after attempting to use less 
restrictive techniques as required under clause (i), a 
staff member of a juvenile facility decides to place 
a covered juvenile in room confinement, the staff 
member shall first— 
‘‘(I) explain to the covered juvenile the reasons 
for the room confinement; and 
‘‘(II) inform the covered juvenile that release 
from room confinement will occur— 
‘‘(aa) immediately when the covered juve-
nile regains self-control, as described in 
subparagraph (B)(i); or 
‘‘(bb) not later than after the expiration 
of the time period described in subclause (I) 
or (II) of subparagraph (B)(ii), as applicable. 
‘‘(B) MAXIMUM PERIOD OF CONFINEMENT.—If a covered 
juvenile is placed in room confinement because the covered 
juvenile poses a serious and immediate risk of physical 
harm to himself or herself, or to others, the covered juvenile 
shall be released— 
‘‘(i) immediately when the covered juvenile has 
sufficiently gained control so as to no longer engage 
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132 STAT. 5249 
PUBLIC LAW 115–391—DEC. 21, 2018 
LEGISLATIVE HISTORY—S. 756: 
SENATE REPORTS: No. 115–135 (Comm. on Commerce, Science, and Transpor-
tation). 
CONGRESSIONAL RECORD: 
Vol. 163 (2017): Aug. 3, considered and passed Senate. 
Vol. 164 (2018): July 25, considered and passed House, amended. 
Dec. 13, 17, 18, Senate considered and concurred in House 
amendment with an amendment. 
Dec. 20, House concurred in Senate amendment. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 
Dec. 21, Presidential remarks and statement. 
in behavior that threatens serious and immediate risk 
of physical harm to himself or herself, or to others; 
or 
‘‘(ii) if a covered juvenile does not sufficiently gain 
control as described in clause (i), not later than— 
‘‘(I) 3 hours after being placed in room confine-
ment, in the case of a covered juvenile who poses 
a serious and immediate risk of physical harm 
to others; or 
‘‘(II) 30 minutes after being placed in room 
confinement, in the case of a covered juvenile who 
poses a serious and immediate risk of physical 
harm only to himself or herself. 
‘‘(C) RISK OF HARM AFTER MAXIMUM PERIOD OF CONFINE-
MENT.—If, after the applicable maximum period of confine-
ment under subclause (I) or (II) of subparagraph (B)(ii) 
has expired, a covered juvenile continues to pose a serious 
and immediate risk of physical harm described in that 
subclause— 
‘‘(i) the covered juvenile shall be transferred to 
another juvenile facility or internal location where 
services can be provided to the covered juvenile without 
relying on room confinement; or 
‘‘(ii) if a qualified mental health professional 
believes the level of crisis service needed is not cur-
rently available, a staff member of the juvenile facility 
shall initiate a referral to a location that can meet 
the needs of the covered juvenile. 
‘‘(D) SPIRIT
AND
PURPOSE.—The use of consecutive 
periods of room confinement to evade the spirit and purpose 
of this subsection shall be prohibited.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 
sections for chapter 403 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘5043. Juvenile solitary confinement.’’. 
Approved December 21, 2018. 
18 USC 
prec. 5031. 
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