Text: S.756 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-391 (12/21/2018)

 
[115th Congress Public Law 391]
[From the U.S. Government Publishing Office]



[[Page 5193]]

                         FIRST STEP ACT OF 2018

[[Page 132 STAT. 5194]]

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. <<NOTE: Dec. 21, 
                           2018 -  [S. 756]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: First Step Act 
of 2018.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 18 USC 1 note.>>  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 imposed term of imprisonment.

[[Page 132 STAT. 5195]]

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) <<NOTE: 18 USC 3631 prec.>>  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.

``Sec. 3631. <<NOTE: 18 USC 3631.>>  Duties of the Attorney 
                  General

    ``(a) In General.-- <<NOTE: Consultation.>> 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) <<NOTE: Review.>>  conduct a review of the existing 
        prisoner risk and needs assessment systems in operation on the 
        date of enactment of this subchapter;
            ``(2) <<NOTE: Recommenda-tions.>>  develop recommendations 
        regarding evidence-based recidivism reduction programs and 
        productive activities in accordance with section 3633;
            ``(3) <<NOTE: Analysis.>>  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 
                programs;
                    ``(C) which evidence-based recidivism reduction 
                programs 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 
                prisoners participating in a prison work program without

[[Page 132 STAT. 5196]]

                reducing job opportunities for other workers in the 
                United States;
            ``(4) <<NOTE: Review. Public information. Web 
        posting. Assessment.>>  on an annual basis, review, validate, 
        and release publicly 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) <<NOTE: Evaluation.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Determination.>>  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.
``Sec. 3632. <<NOTE: 18 USC 3632.>>  Development of risk and needs 
                  assessment system

    ``(a) In General.-- <<NOTE: Deadline. Consultation. Public 
information. Web posting. Determinations.>> 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 
Department 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 
        accordingly, and based on the prisoner's specific criminogenic 
        needs, and in accordance with subsection (b);
            ``(4) reassess the recidivism risk of each prisoner 
        periodically, 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;

[[Page 132 STAT. 5197]]

                    ``(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 reduction 
        programs or productive activities in accordance with subsection 
        (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.-- 
<<NOTE: Guidance.>> 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.-- <<NOTE: Guidance.>> 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 Incentives 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 
                conferencing 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 residence.--
        A prisoner who is successfully participating in an evidence-
        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 prisoner and 
        subject to--
                    ``(A) bed availability at the transfer facility;
                    ``(B) the prisoner's security designation; and
                    ``(C) <<NOTE: Recommenda-tions.>>  the 
                recommendation from the warden of the prison at which 
                the prisoner is incarcerated at the time of making the 
                request.

[[Page 132 STAT. 5198]]

            ``(3) Additional policies.--The Director of the Bureau of 
        Prisons shall develop additional policies to provide appropriate 
        incentives for successful participation and completion of 
        evidence-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 completes 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 evidence-based recidivism 
                      reduction programming or productive activities.
                          ``(ii) <<NOTE: Determination.>>  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 
                recidivism reduction program that the prisoner 
                successfully completed--
                          ``(i) prior to the date of enactment of this 
                      subchapter; 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 
                participate in recidivism reduction programs or 
                productive activities shall be applied toward time in 
                prerelease custody or supervised 
                release. <<NOTE: Determination.>>  The Director of the 
                Bureau of Prisons shall transfer eligible prisoners, as 
                determined under section 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.

[[Page 132 STAT. 5199]]

                          ``(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 
                      chemical weapons.
                          ``(xii) Section 351, relating to 
                      Congressional, Cabinet, 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, 
                      transmitting, or losing defense information.
                          ``(xvi) Section 794, relating to gathering or 
                      delivering defense information to aid a foreign 
                      government.
                          ``(xvii) Any section of chapter 39, relating 
                      to explosives 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 conviction 
                      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 
                      possession 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 
                      homicide, except for section 1112 (relating to 
                      manslaughter),

[[Page 132 STAT. 5200]]

                      1113 (relating to attempt to commit murder or 
                      manslaughter, 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 protection against the human 
                      immunodeficiency virus).
                          ``(xxvi) Any section of chapter 55, relating 
                      to kidnapping.
                          ``(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 possessing contraband in prison.
                          ``(xxx) Section 1792, relating to mutiny and 
                      riots.
                          ``(xxxi) Section 1841(a)(2)(C), relating to 
                      intentionally 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 register as a sex offender.
                          ``(xxxix) Section 2251, relating to the sexual 
                      exploitation 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

[[Page 132 STAT. 5201]]

                      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 sections 
                      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 damaging or destroying a pipeline 
                      facility, but only if the conduct which led to the 
                      conviction involved a substantial 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 distributing a controlled 
                      substance in the case of a conviction 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.

[[Page 132 STAT. 5202]]

                          ``(lx) Section 277 of the Immigration and 
                      Nationality 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 
                      Nationality 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 intelligence 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 manufacturing, distributing, 
                      dispensing, or possessing with intent to 
                      manufacture, distribute, dispense, or knowingly 
                      importing or exporting, a mixture or substance 
                      containing a detectable amount of heroin 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.
                          ``(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 manufacturing, distributing, 
                      dispensing, or possessing with intent to 
                      manufacture, distribute, or dispense, a mixture or 
                      substance containing a detectable amount of N-
                      phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 
                      propanamide, or any analogue thereof.
                          
                      ``(lxvii) <<NOTE: Determination. Guidelines.>>  
                      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, distributing, dispensing, or 
                      possessing with intent to manufacture, distribute, 
                      or dispense, or knowingly importing or exporting, 
                      a mixture of substance containing 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

[[Page 132 STAT. 5203]]

                      (21 U.S.C. 960(b)), relating to manufacturing, 
                      distributing, dispensing, or possessing with 
                      intent to manufacture, distribute, or dispense, a 
                      controlled substance, or knowingly importing or 
                      exporting a controlled substance, if the 
                      sentencing court finds that--
                                    ``(I) the offense involved a mixture 
                                or substance containing a detectable 
                                amount of N-phenyl-N-[1-(2-phenylethyl)-
                                4-piperidinyl] propanamide, or any 
                                analogue thereof; and
                                    
                                ``(II) <<NOTE: Determination. Guidelines.
                                >>  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) <<NOTE: Consultation.>>  Proceedings.--
                      The Attorney General, in consultation 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 prisoner 
        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 
        reassessments. <<NOTE: Update. Determination.>>  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 incentives 
        described in this subsection shall be in addition to any other 
        rewards or incentives for which a prisoner may be eligible.

    ``(e) <<NOTE: Guidelines.>>  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) <<NOTE: Notice.>>  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

[[Page 132 STAT. 5204]]

            ``(3) <<NOTE: Procedures.>>  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 
        demonstrate competence in administering the System, including 
        interrater reliability, on a biannual basis.

    ``(g) Quality Assurance.-- <<NOTE: Audits.>> 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.
``Sec. 3633. <<NOTE: 18 USC 3633.>>  Evidence-based recidivism 
                  reduction program and recommendations

    ``(a) In General.-- <<NOTE: Consultation. Reviews.>> 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 
        effectiveness of evidence-based recidivism reduction programs 
        and productive activities that exist in State-operated prisons 
        throughout the United States;
            ``(3) identify the most effective evidence-based recidivism 
        reduction programs;
            ``(4) review the policies for entering into 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 outside of the religious classes and services 
                provided through the Chaplaincy; and

[[Page 132 STAT. 5205]]

                    ``(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).
``Sec. 3634. <<NOTE: 18 USC 3634.>>  Report

    `` <<NOTE: Effective date. Time period.>> Beginning on the date that 
is 2 years after the date of enactment of this subchapter, and annually 
thereafter for a period of 5 years, the Attorney General shall submit a 
report to the Committees on the Judiciary of the Senate and the House of 
Representatives and the 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) <<NOTE: Assessment.>>  A summary and assessment of the 
        types and effectiveness 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 
                programming that the prisoner successfully completed, if 
                any.
                    ``(E) The prisoner's assessed and reassessed risk of 
                recidivism.
                    ``(F) The productive activities that the prisoner 
                successfully completed, if any.
            ``(4) The status of prison work programs at facilities 
        operated by the Bureau of Prisons, including--
                    ``(A) <<NOTE: Strategy.>>  a strategy to expand the 
                availability of such programs without reducing job 
                opportunities for workers in the United States who are 
                not in the custody of the Bureau

[[Page 132 STAT. 5206]]

                of Prisons, including the feasibility of prisoners 
                manufacturing products purchased by Federal agencies 
                that are manufactured overseas;
                    ``(B) <<NOTE: Assessment.>>  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) <<NOTE: Assessment.>>  An assessment of the Bureau of 
        Prisons' compliance with section 3621(h).
            ``(6) <<NOTE: Assessment.>>  An assessment of progress made 
        toward carrying out the purposes of this subchapter, including 
        any savings associated 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) <<NOTE: Assessment.>>  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) <<NOTE: Strategy.>>  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 
                      significance 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

[[Page 132 STAT. 5207]]

                          ``(iii) promote crime reduction programs using 
                      evidence-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 
                mitigation 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 recidivism reduction programs, as 
                required under this chapter.
``Sec. 3635. <<NOTE: 18 USC 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 difficulty 
        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, 
                      interpersonal, 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.

[[Page 132 STAT. 5208]]

            ``(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, <<NOTE: 18 USC 3601 prec.>>  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.-- <<NOTE: Deadline.>> 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 prisoners to appropriate evidence-based 
                recidivism reduction programs based on that 
                determination;
                    ``(B) begin to expand the effective evidence-based 
                recidivism reduction programs and productive activities 
                it offers and add any new evidence-based recidivism 
                reduction programs 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

[[Page 132 STAT. 5209]]

                completing the effective evidence-based recidivism 
                reduction 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 
        implement the System, the Bureau of Prisons shall--
                    ``(A) <<NOTE: Time period.>>  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 
                assessment tool to be used in the reassessments of risk 
                of recidivism, while prisoners are participating in and 
                completing evidence-based recidivism reduction programs 
                and productive 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 recidivism 
        reduction programs and authority to use incentives.-- 
        <<NOTE: Effective date.>> 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.-- 
        <<NOTE: Policies.>> 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 appropriations, with any of the following:
                    ``(A) Nonprofit and other private organizations, 
                including faith-based, art, and community-based 
                organizations 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 prisoners; 
        priority.--The Director of the Bureau of Prisons shall provide 
        all prisoners with the opportunity to actively participate

[[Page 132 STAT. 5210]]

        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 productive 
        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.-- <<NOTE: Applicability.>> 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) <<NOTE: Determinations.>>  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 
                      determination 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

[[Page 132 STAT. 5211]]

                                    ``(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) <<NOTE: Determinations.>>  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 prisoner, 
                                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 activities, including an 
                                        apprenticeship, or participate 
                                        in job-seeking activities;
                                            ``(bb) participate in 
                                        evidence-based recidivism 
                                        reduction programming or 
                                        productive activities assigned 
                                        by the System, or similar 
                                        activities;
                                            ``(cc) perform community 
                                        service;
                                            ``(dd) participate in crime 
                                        victim restoration activities;
                                            ``(ee) receive medical 
                                        treatment;
                                            ``(ff) attend religious 
                                        activities; or
                                            ``(gg) participate in other 
                                        family-related activities that 
                                        facilitate the prisoner's 
                                        successful 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 alternative means of monitoring a 
                      prisoner placed in home confinement that the 
                      Director determines are as effective 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 demonstrated 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.

[[Page 132 STAT. 5212]]

                    ``(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 
        imprisonment 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 
        custody pursuant to this subsection, the Director of the Bureau 
        of Prisons shall, to the extent practicable, provide that 
        increasingly 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 prisoner's 
        prerelease custody and require the prisoner to serve the 
        remainder of the term of imprisonment to which the prisoner 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.-- 
        <<NOTE: Consultation. Detemination.>> The Attorney General, in 
        consultation with the Assistant Director for the Office of 
        Probation 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 pretrial 
        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 prisoners 
        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.

[[Page 132 STAT. 5213]]

            ``(8) Assistance.--United States Probation and Pretrial 
        Services shall, to the greatest extent practicable, offer 
        assistance to any prisoner not under its supervision during 
        prerelease custody under this subsection.
            ``(9) <<NOTE: Waiver authority.>>  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. <<NOTE: Notice.>>  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.-- <<NOTE: 18 USC 3624 note.>> The 
        amendments made by this subsection 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.-- <<NOTE: 18 USC 3624 note.>> The 
        amendments made by this subsection 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 committed before November 1, 1987.
SEC. 103. <<NOTE: Time period. Audit. Analysis. 18 USC 3621 
                        note.>>  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 conduct 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.

[[Page 132 STAT. 5214]]

            (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 
        prisoners to identify any unwarranted disparities, including 
        disparities among similarly classified prisoners of different 
        demographic 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. <<NOTE: 18 USC 3621 note.>>  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. <<NOTE: 18 USC 3621 note.>>  FAITH-BASED CONSIDERATIONS.

    (a) In General.--In considering any program, treatment, regimen, 
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

[[Page 132 STAT. 5215]]

offered at each Bureau of Prisons facility in addition to any such 
faith-based programs.
    (c) Limitation on Activities.--A group, company, charity, person, 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. <<NOTE: 18 USC 3631 note.>>  INDEPENDENT REVIEW 
                        COMMITTEE.

    (a) In General.-- <<NOTE: Consultation.>> The Attorney General shall 
consult with an Independent Review Committee 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.

    (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 
Committee. <<NOTE: Deadline.>>  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 
        scholarship 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) <<NOTE: Recommenda-tions.>>  developing recommendations 
        regarding evidence-based recidivism reduction programs and 
        productive activities;
            (3) <<NOTE: Data analysis.>>  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 
                programs; and
                    (C) which evidence-based recidivism reduction 
                programs are the most effective at reducing recidivism, 
                and

[[Page 132 STAT. 5216]]

                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 facilities, 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 Commerce, 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 Representatives a report that includes--
            (1) <<NOTE: List.>>  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 section 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) <<NOTE: Recommenda-tions.>>  any recommendations for 
        modifications to section 3632(d)(4)(D) of title 18, United 
        States Code, as added by section 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-- <<NOTE: Lieutenant Osvaldo Albarati Correctional Officer 
Self-Protection Act of 2018.>> BUREAU OF PRISONS SECURE FIREARMS STORAGE
SEC. 201. <<NOTE: 18 USC 1 note.>>  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:
``Sec. 4050. <<NOTE: 18 USC 4050.>>  Secure firearms storage

    ``(a) Definitions.--In this section--

[[Page 132 STAT. 5217]]

            ``(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, <<NOTE: 18 USC 4041 
prec.>>  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 
                        PROHIBITED.

    (a) In General.--Chapter 317 of title 18, United States Code, is 
amended by inserting after section 4321 the following:
``Sec. 4322. <<NOTE: 18 USC 4322.>>  Use of restraints on 
                  prisoners during the period of pregnancy, labor, 
                  and postpartum recovery prohibited

    ``(a) Prohibition.--Except as provided in subsection (b), beginning 
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.-- <<NOTE: Determinations.>> 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 prevented 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 prisoner.

[[Page 132 STAT. 5218]]

            ``(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 professional.--
        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 professional 
        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.-- <<NOTE: Certification.>> 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 
                personally identifiable information of any prisoner.

[[Page 132 STAT. 5219]]

    ``(d) Notice.-- <<NOTE: Deadline.>> 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, corrections official, or United States marshal, as 
applicable, of the restrictions on the use of restraints under this 
section.

    ``(e) Violation Reporting Process.-- <<NOTE: Consultation.>> 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.-- <<NOTE: Guidelines.>> 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 
                professional;
                    ``(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.-- 
        <<NOTE: Consultation.>> 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 infirmary.
            ``(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 
        prisoner's body, limbs, or both.''.

[[Page 132 STAT. 5220]]

    (b) Clerical Amendment.--The table of sections for chapter 317 of 
title 18, United States Code, <<NOTE: 18 USC 4321 prec.>>  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 Controlled Substances 
Act (21 U.S.C. 801 et seq.) is amended--
            (1) <<NOTE: Definitions.>>  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 
                imprisonment 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 
                      violation 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 imprisonment 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

[[Page 132 STAT. 5221]]

                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 Amendments.--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.-- <<NOTE: 21 USC 802 
note.>> 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 
                following:
            ``(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.-- <<NOTE: 18 USC 3553 note.>> 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

[[Page 132 STAT. 5222]]

inserting ``violation of this subsection that occurs after a prior 
conviction under this subsection has become final''.
    (b) Applicability to Pending Cases.-- <<NOTE: 18 USC 924 
note.>> 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. <<NOTE: Courts. 21 USC 841 note.>>  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-- <<NOTE: Second Chance Reauthorization Act of 2018.>> SECOND 
CHANCE ACT OF 2007 REAUTHORIZATION
SEC. 501. <<NOTE: 34 USC 10101 note.>>  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 nonprofit 
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

[[Page 132 STAT. 5223]]

                    (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 Consideration.--
            ``(1) In general.-- <<NOTE: Procedures.>> The Attorney 
        General shall develop a procedure to allow applicants to submit 
        a single application for a planning grant under subsection (e) 
        and an implementation grant under subsection (f).
            ``(2) Priority consideration.--The Attorney General shall 
        give priority consideration to grant applications under 
        subsections (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 
                complete 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 
                distribution of grants under this section and take into 
                consideration 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

[[Page 132 STAT. 5224]]

                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 
                outcome 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 measures of the impact of that program; and
                    ``(D) describes how the project could be broadly 
                replicated if demonstrated to be effective.
            ``(2) Requirements.--The Attorney General may make a grant 
        to an applicant under this subsection only if the application--
                    ``(A) reflects explicit support of the chief 
                executive officer, or their designee, of the State, unit 
                of local government, territory, or Indian tribe applying 
                for a grant under this subsection;
                    ``(B) provides discussion of the role of Federal 
                corrections, State corrections departments, community 
                corrections 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) <<NOTE: Plan.>>  provides a plan for analysis 
                of the statutory, regulatory, rules-based, and practice-
                based hurdles to reintegration 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) <<NOTE: Plan.>>  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 
                planning 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 
                disproportionate 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) <<NOTE: Consultation.>>  consultation 
                      with crime victims and offenders who are released 
                      from prisons, jails, and juvenile facilities;
                          ``(iii) <<NOTE: Coordination.>>  coordination 
                      with families of offenders;

[[Page 132 STAT. 5225]]

                          ``(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, vocational services, and any other 
                      service or support needed for reentry;
                    ``(D) <<NOTE: Reviews.>>  review the process by 
                which the applicant adjudicates violations of parole, 
                probation, or supervision following release from prison, 
                jail, or a juvenile facility, taking into account public 
                safety and the use of graduated, community-based 
                sanctions for minor and technical violations of parole, 
                probation, or supervision (specifically those violations 
                that are not otherwise, and independently, a violation 
                of law);
                    ``(E) <<NOTE: Evaluation.>>  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 behavioral 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) <<NOTE: Effective date.>>  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)--

[[Page 132 STAT. 5226]]

                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.-- <<NOTE: Strategic plan.>> As a condition 
        of receiving financial assistance under subsection (f), each 
        application shall develop a comprehensive reentry strategic plan 
        that--
                    ``(A) <<NOTE: Assessment.>>  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-
                experimental studies with matched comparison groups, to 
                determine 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 subsection (f).
            ``(2) Local evaluator.-- <<NOTE: Time period. Effective 
        date.>> A partnership with a local evaluator described in 
        subsection (d)(2) shall require the local evaluator to use the 
        baseline data and target population characteristics 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 
                subsection (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 
                implementation 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 
                treatment services, including substance abuse and mental 
                health services among those assessed as needing such 
                services;
                    ``(J) increased enrollment in and degrees earned 
                from educational programs, including high school, GED, 
                vocational training, and college education;
                    ``(K) increased number of individuals obtaining and 
                retaining employment;
                    ``(L) increased number of individuals obtaining and 
                maintaining housing;

[[Page 132 STAT. 5227]]

                    ``(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 paragraph (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 
        reentering 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 
                treatment;
                    ``(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;

[[Page 132 STAT. 5228]]

            ``(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 Treatment.--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 
        preceding 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) <<NOTE: 34 USC 10595a.>>  
        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), <<NOTE: 34 USC 10681.>>  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. <<NOTE: 34 USC 10741 note.>>  GRANT PROGRAM TO 
                          EVALUATE AND IMPROVE EDUCATIONAL 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--

[[Page 132 STAT. 5229]]

            ``(1) <<NOTE: Evaluation.>>  evaluate methods to improve 
        academic and vocational education for offenders in prisons, 
        jails, and juvenile facilities;
            ``(2) <<NOTE: Recommenda-tions.>>  identify, and make 
        recommendations to the Attorney General regarding, best 
        practices relating to academic and vocational education for 
        offenders in prisons, jails, and juvenile facilities, based on 
        the evaluation under paragraph (1);
            ``(3) improve the academic and vocational education programs 
        (including technology career training) available to offenders in 
        prisons, jails, and juvenile facilities; and
            ``(4) implement methods to improve academic and vocational 
        education for offenders in prisons, jails, and juvenile 
        facilities consistent with the best practices identified in 
        subsection (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.-- <<NOTE: Deadline. Publication.>> 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 consider 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) <<NOTE: Evaluation.>>  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) <<NOTE: Appropriation authorization.>>  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 employment, 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);

[[Page 132 STAT. 5230]]

            (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) <<NOTE: Assessment.>>  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 Justice 
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) <<NOTE: Appropriation authorization.>>  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 ``community-
                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 
                factors 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.--

[[Page 132 STAT. 5231]]

            (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 
        employment 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 
                governments, State, tribal, and local workforce boards, 
                and nonprofit organizations;
                    ``(B) provides time-limited employment using 
                individual placements, team placements, and social 
                enterprise placements, 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 minimum 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 employment, and lead to unsubsidized 
                employment such as a thorough orientation and individual 
                assessment, job readiness and life skills training, case 
                management and supportive services, adult education and 
                training, child support-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 continuing 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

[[Page 132 STAT. 5232]]

Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631)'' after 
``and 212''.
SEC. 503. <<NOTE: 34 USC 60505.>>  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 unallowable 
        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.-- <<NOTE: Effective date.>> 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 <<NOTE: Determination.>>  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 subsection (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) <<NOTE: Time period.>>  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 subsection 
(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) <<NOTE: Time period.>>  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.

[[Page 132 STAT. 5233]]

            (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 
        compensation 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 
                Justice regarding the award of grant funding; or
                    (B) lobby any representative of the Federal 
                Government or a State, local, or tribal government 
                regarding the award of grant funding.
            (2) Penalty.-- <<NOTE: Determination.>> If the Attorney 
        General determines that a covered grantee has violated paragraph 
        (1), the Attorney General shall--
                    (A) require the covered grantee to repay the grant 
                in full; and
                    (B) <<NOTE: Time period. Effective date.>>  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) <<NOTE: Repeal.>>  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) <<NOTE: Repeal.>>  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.--Section 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

[[Page 132 STAT. 5234]]

            (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 
        recidivism' means that the Director of Bureau of Prisons has 
        determined 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 demonstrated 
        to reduce recidivism is eligible to enter into a recidivism 
        reduction partnership with a prison or community-based facility 
        operated by the Bureau of Prisons.
            ``(3) Recidivism reduction partnerships.-- 
        <<NOTE: Policies.>> The Director of the Bureau of Prisons shall 
        develop policies to require wardens of prisons and community-
        based facilities to enter into recidivism reduction partnerships 
        with faith-based and community-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 
                      partnerships under this section that were in 
                      effect;
                          ``(ii) the number of volunteers that provided 
                      recidivism reduction programming; and
                          ``(iii) the number of recidivism reduction 
                      programming hours provided; and
                    ``(B) explains any disparities between facilities in 
                the numbers reported under subparagraph (A).''.
            (2) Effective date.-- <<NOTE: 18 USC 3621 note.>> 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. <<NOTE: Consultation. 34 USC 60506.>>  FEDERAL 
                        INTERAGENCY REENTRY COORDINATION.

    (a) Reentry Coordination.--The Attorney General, in consultation 
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

[[Page 132 STAT. 5235]]

of the Federal Government as the Attorney General considers appropriate, 
and in collaboration with interested persons, service providers, 
nonprofit organizations, and State, tribal, and local governments, 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.-- <<NOTE: Estimate.>> 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, 
audiovisual 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. <<NOTE: 34 USC 60501 note.>>  EVALUATION OF THE SECOND 
                        CHANCE ACT PROGRAM.

    (a) Evaluation of the Second Chance Act Grant Program.-- 
<<NOTE: Deadline.>> 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 comparably 
        situated individuals who did not participate in such programs 
        and activities.
            (2) The effectiveness of program structures and mechanisms 
        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.

[[Page 132 STAT. 5236]]

            (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 
        implementing 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 processes, 
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 coordination 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.-- <<NOTE: Deadlines.>> 
            (1) In general.-- <<NOTE: Consultation.>> 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 determined.
            (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.-- <<NOTE: Deadline.>> 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;

[[Page 132 STAT. 5237]]

            (2) <<NOTE: Public information.>>  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 Committee 
        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. <<NOTE: Deadline. Evaluations.>>  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 
        programs funded by grant awards under this title and amendments 
        made by this title at reducing recidivism, including a 
        determination of which reentry programs were most effective;
            (2) <<NOTE: Recommenda-tions.>>  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 
        placement, 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 
        residence, 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 prisoner 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 
        imprisonment under this subsection is not reviewable by any 
        court.''.

[[Page 132 STAT. 5238]]

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 REAUTHORIZATION; 
                        MODIFICATION OF IMPOSED TERM OF 
                        IMPRISONMENT.

    (a) Federal Prisoner Reentry Initiative Reauthorization.--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 detention''; 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) <<NOTE: Definition.>>  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;

[[Page 132 STAT. 5239]]

                          ``(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, intermediate 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 Compassionate Release.--
Section 3582 of title 18, United States Code, is amended--
            (1) <<NOTE: Time period.>>  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) <<NOTE: Deadlines.>>  in the case of a 
                defendant diagnosed with a terminal 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 
                      opportunity 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 
                reduction 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);

[[Page 132 STAT. 5240]]

                          ``(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 
                regularly and visibly post, including in prisoner 
                handbooks, staff training materials, and facility law 
                libraries and medical 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 
                sentence 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, categorized 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

[[Page 132 STAT. 5241]]

                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 paragraph (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 imprisonment 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 security card, driver's license or other 
                      official photo identification, and a birth 
                      certificate; and'';

[[Page 132 STAT. 5242]]

                    (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:
``Sec. 4130. <<NOTE: 18 USC 4130.>>  Additional markets

    ``(a) In General.--Except as provided in subsection (b), 
notwithstanding any other provision of law, Federal Prison Industries 
may sell products to--
            ``(1) public entities for use in penal or correctional 
        institutions;
            ``(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, <<NOTE: 18 USC 4121 prec.>>  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

[[Page 132 STAT. 5243]]

and made available to assist the inmate with costs associated with 
release from prison,''.
    (d) GAO Report.-- <<NOTE: Audit. Evaluations.>> 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 
        effectiveness 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 Industries.
                    (B) <<NOTE: Determination.>>  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) <<NOTE: Examination.>>  An examination of the 
                extent to which Federal Prison Industries is bound by 
                the requirements of the generally applicable Federal 
                Acquisition Regulation pertaining 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) <<NOTE: Examination.>>  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) <<NOTE: Compliance.>>  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

[[Page 132 STAT. 5244]]

                          (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 assessments 
        such as reports of agency inspectors general, if applicable.
SEC. 606. <<NOTE: Effective date. Deadline. 18 USC 4042 note.>>  
                        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 organization 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. <<NOTE: 18 USC 3621 note.>>  EVIDENCE-BASED TREATMENT 
                        FOR OPIOID AND HEROIN ABUSE.

    (a) <<NOTE: Assessment.>>  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 
Appropriations 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 appropriate. In 
preparing the report, the Director shall consider medication-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 treatment in appropriate cases. Following 
submission, the Director shall take steps to implement these plans.

    (b) <<NOTE: Asssessment.>>  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 appropriate among prisoners under supervised release. 
Following submission, the Director will take steps to implement these 
plans.

[[Page 132 STAT. 5245]]

SEC. 608. <<NOTE: 18 USC 4042 note.>>  PILOT PROGRAMS.

    (a) In General.-- <<NOTE: Time period.>> 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 commission of the 
criminal offense for which the individual is being prosecuted or serving 
a term of imprisonment, as the case may be.
SEC. 609. <<NOTE: 34 USC 10132 note.>>  ENSURING SUPERVISION OF 
                        RELEASED SEXUALLY DANGEROUS 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.-- <<NOTE: Effective 
date. Deadline.>> 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.

[[Page 132 STAT. 5246]]

            (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 information 
        relating to the type of restraints used, and the circumstances 
        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 
        partnerships 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 
        capabilities.
            (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 prisoners 
        for assaulting Bureau of Prisons staff.

[[Page 132 STAT. 5247]]

            (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 
        volunteer 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 
        reduction 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.-- <<NOTE: Effective date. Time 
period.>> 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. <<NOTE: 18 USC 4042 note.>>  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 subsection 
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 
                subparagraph (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 technical 
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:
``Sec. 5043. <<NOTE: 18 USC 5043.>>  Juvenile solitary confinement

    ``(a) Definitions.--In this section--
            ``(1) the term `covered juvenile' means--

[[Page 132 STAT. 5248]]

                    ``(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 
                delinquency 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 Facilities.--
            ``(1) In general.--The use of room confinement at a juvenile 
        facility for discipline, punishment, retaliation, or any reason 
        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 
                techniques.--
                          ``(i) In general.--Before a staff member of a 
                      juvenile facility places a covered juvenile in 
                      room confinement, 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 juvenile 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

[[Page 132 STAT. 5249]]

                      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 confinement, 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 
                confinement.--If, after the applicable maximum period of 
                confinement 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 currently 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, <<NOTE: 18 USC 5031 
prec.>>  is amended by adding at the end the following:

``5043. Juvenile solitary confinement.''.

    Approved December 21, 2018.

LEGISLATIVE HISTORY--S. 756:
---------------------------------------------------------------------------

SENATE REPORTS: No. 115-135 (Comm. on Commerce, Science, and 
Transportation).
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.

                                  <all>